Omaha daily bee., 1902-02-09

ing the matter any attention. that
the board made 70 change in the
assessment Of any corporation from that on
the assessment role; that he was not al
lowed to Introduce remarks when the writ
ten motion OF Hascall In reference to the
eighty-eikht complaints. and overruling the
objections was being adopted; that many
votes were taken on the morning OF January
20; that his own and zimman's vote we're
passed over, the next member to each being
recognized by the chair; that Zimman
wished the counsel OF Connell or some Of
his assistants; that on roll call the ma
jofity members would not allow him TO
beck to vote, the chair arbitrarily deciding
the vote without him; that he didn't re-
member Of Zlmman's voluntarily declining
to vote and asking to be excused, and that
he himself didn't ask to be excused from
voting,
After Lobeck left the stand Councilman
zimmAn was called, but the court declared
q recess, as 1t was then after noon. Before
the court room was cleared Attorney j.
II. Mcintosh raised his voice sufficiently
for all to hear and stated that after zlm-
man the FIRST witness he would call would
be D. II. Goodrich Of the street car COM
pany,i then others OF the other franchised
CORPORATIONS ana that II lnCy .WGIb NV
in court in response to subpoenss served
he would ask for bench warrants to com
pei them to come.
VIII Move TO Quash.
W. D.. McHugh. a representative Of one OF
the corporations. stated that the attor-
neys for thens would move to quash the
subpoenas requiring these witnesses to
bring into court with them the company
records.
Attorney e. NJ. Morsman, for the tele-
phone company, remarked to the court that
he thought counsel should be required to
make a showing Of what he intended to
prove before he demanded the production
of the books and records.
Mcintosh answered briefly, that with
these books and records and the witnesses
he proposed 10 prove the allegations of his
clients petition concerning the corporation
assessments Morsman smiled s~ardonically
and the court room cleared.
bs. IRuestIon of Dictatien.d
Councilman Zimman took the witness
stand after the luncheon hour. and he was
questioned by Attorney Mcintosh.
did PRECEDENT Karr Of the council ever
tell you who dictated the membership OF
INV N0hhSAA : a. aohCus
Eyes. sir" was the answer.
Ibid he ever tell you who dominated his
action in reference to refusing to hear the
complaints Of the Real Estate exchanged? %
yes. sir"
Were these persons who so dominated
and dictated high ONCE holders with the
public service corporations?"
City Attorney onnell objected to this,
but before his objection could be stated
the witness answered, Yes, SIR"
Was any question put to the council
that morning on which Hascall. Karr
ProstIer, Whitehorn and Mount did moi
vote on the same slider resumed Attorney
Mcintosh.
me. air.
"They rushed the thing right through
did they not. so as to close the matter ur
and get It into the records as soon as pos.
sible?"
Attorney Connell objected to this, al
calling for a conclusion OF the witness. H,
then put the questions himself.
Was Lobeck shut on and refused tn,
right to voter" he asked.
Karr "ToOk His Orders." ,
They wouldn't let him explain his vote
When he got up to make a talk. Hascal
told Karr to call the next name on tn,
roll
And did Karr do itP'
Yes. sir; he took his orders"
did they refuse to permit you to vote p
We'll. they did in effect demande,
light on the subject in hand. and they 70
fused it." r,
Hadn't you seen the eighty-two obiec
ttOns from the Real Estate sxehange?" ::
say them piled up there, but l didn'
examine them"
The witness was then excused. Attorne
Mcintosh asked the court tina a bench war
rant be issued for the arrest OF d. H. Good
rich, secretary OF the Omaha Street Rail
way company. and that he be brought befor
the bar Of the court on q charge Of con
tempt, lie said that a subpoena had bee
issued for him TO come into court and brin