Omaha daily bee., 1902-07-19

hHHtnatus III 1OiuIhuo Nhtl u Nnb same
kind Of a statute. and in Illinois they had the
same kind OF statute and the courts Of both
OF those states held that It was the duty OF
the railroad company to return all cars that
1t used in the operation Of its road. notwith-
standing that the statute said that they
must return all property owned by them.
That was the situation up to 1889 and, in
order to increase, perhaps, the revenue OF
the state, and in order that 1t might be
certain that the sleeping cars were being
taxed the legislature passed these two sec
lions and 1t takes all Of this volume to
make Its return. Now, the rule is laid down
in this statute, and It is upon a mileage
basis and they must assess the cars upon
. mileage basis and there is nothing in that
statute that authorizes them to assess any
franchise.
want the gentleman to explain IL he can
wha the Pullman company is doing in the
way OF service in this state that an in
dividual could not do. Is there any rea-
son why an individual could not make the
cars and hire them out to the railway COM
panies? What is the necessity for being
a corporation in order to make cars to
loan them out? That is not a franchise.
II don't move any car in this state. 1t
has been stated here that this is a trans
portation company. Your honors can re-
member that not many years ago you had
to show your ticket for your transporta-
ton over the road before they would let
you into a sleeping car; you could not go
into one until you had paid for your trans
portation. You could not say TO the at
tendant at the door, II am going up on
the train and will pay my fare" They did
not want the Pullman company to collect
any fara and fhau urppId not LOT than int
the cars until the transportation was paid.
That was a stipulation | Tween the rail-
road companies and the sleeping car COM
pany and It was one Of the conditions upon
which you could get extra accommodations
afforded by the railroad company that you
must first have your ticket that would
entitle you to ride over the road.
There is no franchise connected with 1t.
You or l or two or three Of us might go
into partnership and manufacture these
cars. The manufacture Of cars is it's prin-
cipal business, as is shown by the author
tiles cited here and ] suppose is conceded
here may be taken as evidence. In the 1862
U. s. and the Sth Colorado, which We cite
here, they set out there under what ar
rangements these cars are furnished to the
railroads and show that II is by virtue Of
a contract and show the compensation that
the railroads pay for them and shows how
much each one is to get. and Poor's Manual
that is introduced here shows 1t is a man
ufacturing company, organized under the
laws of Illinois under a special act OF the
legislature passed in 1867, and says that
that is its business. I haven't any doubt
II the railroad companies should find out
from these gentlemen here that this is a
transportation company that they will be-
-, e. lab gpfn fhair n0ntrQptR and change
them, because under their contracts the
Pullman company cannot transport any
body; they simply must furnish the cars
to the railroad companies.
I know we have taken up a good deal OF
time, your honors, but 1 want to call atten-
ton to the fact that YOU may know that !
have filed this brief here that states what
the situation is as to this company. l
claim that under the law, that having no
protest fled and no objection being made,
and the record shows in this assessment
they complied precisely and In strict COM
pliance with the statutes as to this com
pany, that 1t would be rather strange II
this court should say that in view OF the
facts as to this company, this board, that
has been maligned as II has been here, has
been guilty Of actual or constructive fraud.
Notice the record here in this case. That
| shows an absolute compliance In the re-
ports filed, and there was no demand to as
sess the franchise, and as none existed. 1t
would have been foolish.
Mr.. Howell the court please, Mr.. Ran
som I suppose desires to get away. He has
taken UP ten minutes extra time and l will
simply reply to that and Indicate a de-
fciency in the proof, so he may supply that
IL he desires to, II the court will not take
~ - -, NA-.a To Na foln 10 him IN re-
spond to him now II the court will permit
II.
Mr.. Ransom-of course there has been
nothing said on either side about this COM
rany except the reference to Poor's Manual,
| except what has been said in the brief,
| which of course does not cut much figure
at all.
Mr.. Howe-Then, II the court please, /
will say In the first place, all the proof
here is the return of the company under
the statute, which gives the great right to
have assessed the property of the transpor-
tation companies and which takes away the
right from the local assessors to assess
transportation companies and places 1t in
a state board, for some reason which they
seem to value very highly.
The gentleman has not introduced the
charter OF the company, nor has he intro
duced the contract under which the cars of
that company are moved over the sovereign
state Of Nebraska, by reason OF which those
cars become valuable. They are moved by
some franchise and. prima facie, their re-
turn to the board says they are a transpor-
tation company. II Mr.. Ransom wants to
bring in the charter Of this company and
also the contracts he makes with these rail
road companies, he may do 1t. We want
the whole truth, and not a part Of the
truth. As the record now stands, we have
a prima facie case against them.
What does this authority say, Poor's
Manual? 1t says the Pullman company wal
incorporated under the laws Of the state Of
Illinois February 20, 1877, for the purpose
Of operating sleeping and parlor and Other
cars and OF manufacturing all kinds Of par
Tor cars. Just what / thought. Operating
as we'll as manufacturing. Now, II the
court please, no protest, they say. was hlet
before the board. None was needed. That
fully answers that. Now, we do know by
their own report here that this company'i
cars and rolling stock, peculiarly railroad
property, have been moved for thousands
and thousands OF miles over the territory
Of this state every week and have received
the protection OF this state. Now, then, 4
Is the equipment OF the Pullman company
as an operating company, entitled to come
here and do a transportation business under
our comfy, OF It belongs TO the equipment
- .nv,. okhar characterization cnunapv ThaN