Omaha daily bee., 1902-06-12
AN EXPLANATION rs IN ORDER.


On the 2sth day of May, 1902, Attor-
ney General Prout fled in the supreme
court of Nebraska a reply to the alterna-
tive writ of mandamus issued against
Governor Ezra z. Savage, Auditor
Charles Weston and Treasurer William
Stuefer, members Of the State Board Of
Equalization, which embodied the fol
lowing admissions:
1. That the auditor had collected the In
formation touching the property Of the sew
eral railroad and telegraph companies
doing business in the state by reports fur
nished by part Of said companies and from
other sources as to those companies which
had neglected to furnish such reports, and
that the board completed the work OF as
sessment Of such railroad, telegraph and
sleeping car companies on May Is, 1902,
and assessed all Of the tangible property Of
these corporations.
2. That on May IA, when the demand was
made that the board assess in addition to
the tangible property, which had by the
board already been assessed, the franchises
OF these corporations. the board refused to
do so for the reason that under the statute
creating the board and defining its powers
1t doubted it's right to do so.
8. That at the time the relator appeared
before the board and requested and de-
manded the assessment of the franchises
Of the corporations the members Of the
board had. and still have, doubts whether
they had the legal authority to assess the
franchises and therefore declined to COM
ply with the request and ask the court to
place a construction upon the constitutional
provisions and statutes and instruct the
board whether It has the power to value
and assess the franchises of the corpora
tions and to announce some equitable rule
by which the value of such franchises may
be ascertained.
This answer was discussed, considered
and agreed upon without dissent by all
the members of the board before 1t was
filed and to all intents and purposes was
equal to a sworn affidavit to the facts
set forth.
On the 9Th day of June the board d.
rected the attorney general to withdraw
the answer he had filed in its behalf and
substitute for it an answer prepared for
it by the attorneys of the corporations
directly affected by the demand for re-
assessment. In this document Governor
Ezra p. Savage, Auditor Charles Wes-
ton and Treasurer Stuefer positively
contradict their first statement by de-
claring:
That all the railroads listed and re-
turned to the auditor for assessment and
taxation the property of every description
belonging to those corporations and that
on May 16 the board made the assessment
of their properties and in so doing consid-
cred the revenue and earnings Of the COM
panies and included in their valuation the
value Of all assets, and that although the
board did not believe that it had authority
to assess franchises apart from the tangible
property. the value of the franchises was
taken into consideration by the board In
the performance OF Its duty.
In conclusion, the board insists that it
had performed it's full duty in the hear
ing, consideration and assessment of the
properties of the several companies and
therefore is not subject to judicial in
reference.
The people of Nebraska who are now
sitting in judgment over their public
servants have a right to demand that
they come into the court of public
opinion and explain the marked discrep-
ancies between the answer they made
on their own volition and the answer
made by them under pressure Of the
corporation attorneys.