Omaha daily bee., 1902-04-12
JUDGE RYAN AGAINST WRIT
Court shOultUse Its Discretion and With
hold Its Issuance.
CONFLICTING STATUTES THE REASON
Findings of the Referee VIII Come
Up for Consideration In the SUI
preme Court Rt Next
sitting. April 10.
CFrom a STAFF corresnondent.l

From a staff Correspondent
LINCOLN. April 1L-(special)-Judge
Robert Ryan. as referee in the Omaha tax
mandamus case, has to the
supreme court that the application Of Will
liam G. shriver and George T. Morton for
a peremptory writ Of mandamus be not
allowed. He holds that while the REALTORS
are entitled to.the writ prayed for. Il should
not be issued because Of the defective
method provided by the statutes for the
assessment Of property OF the kind and
character involved in the action.
The REALTORS. Shriver and Morton, sought
In this suit to have the court issue a
peremptory writ to compel the city coun-
ell Of Omaha to sit again as a board Of
equalizatitn to hear their complaints
against the assessment Of FIVE public serv-
Ice corporations. Judge Robert Ryan OF
this city was appointed referee and hts
ofieial report and opinion were filed late
this afternoon In the office Of the supreme
court.
In the report Judge Ryan recites in detail
the issues OF the case and gives his ind
ings. In the opinion the various authori-
ties are taken up and discussed. The opin-
" oA1t NhAb an hAoGhsoAOh
Of the method Of assessing public service
corporations for purposes OF taxation in
this state. The findings OF the referee will
be taken into consideration by the supreme
court at its next sitting, which begins
Tuesday, April 15. The referees opinion
follows:
Report of the Referee.
After a consideration OF the Issues in
Ahn 80 thu y aFUTITnnnNG
OF counsel and the briefs submitted. upon
consideration whereof / have reached and
and conclusions of law without attempting
classification under those headings: .
l. On December q. 1901 the city council
directing notice TO be published of the sit
tings of SAID council as a board of equaliza-
tlon to be had on January a., 10. le, IL and
IS, 1902. between the hours Of Q o'clock a.
m. and 2 O'Clock p. m. of each day. In
this resolution IT was recited that "all
with the city clerk for the Consideration
and action OF said board. when convened"
above contemplated and the Board OF
Equalization convened on January IA, 1902,
day until and Including January S6. 1902.
On January IA. 1902, the hearing of certain
complaints against the assessments OF the
Railway company, the Omaha Water COM
pany, the Omaha Thomson-Houston Elec-
trio Light company and the Nebraska Tele-
phone company was fixed for Friday, Jan
uary II, 1902, on which day there were argu-
ments made In support of said complaints
and against them. These complaints were
known az the complaints of the Real Es-
tate exchange, a corporation of which one
OF the REALTORS was a member The Real
Estate exchange was instrumental in pro-
curing the above complaints to be filed, but
as y .n 6ad hS ,pro siensd sS s0%e OF of is t mem nom.
plants, and for convenience of reference
shall hereafter speaker these complaints
as complaints of the Real Estate exchange.
p Vote to Grant Hearing.
On January IS. 1902. there were presented
FIVE other complaints signed by William @.
Shriver and George T., Morton. These re-
ment az each Of the above named nnhiic
service corporations. On the same day
there was presented a motion by Mr. Lo-
on Monday. January 20, 1902 at 2 O'Clock
p. m. Those voting in favor OF this motor
Karr. Those voting against 1t were Has
call, Mount, Trostler and Whltehorn, anC
i WAS aS &c tns Isc6 ADOPTED sS6w. On tn, MG ssiioy,
of the board: Motion by Mr.. Hascall tina
the motion by Mr.. Lobeck at No. 152 b,
Mt. BurR SsS at No. its.%S Tobec RROT refused
to vote and this motion was carried b!
Whitehorn and Karr in the Affirmative. tn,
other members voting In the negative. Thu
time for hearing on January 20 as did 10
beck's motion, which was adopted as abov,
stated. After the adoption of the motion
~ StEih onA AObtCh , OAlO ~ NO lto
a motion was made by Hascall that tn
Real Estate exchange complaints be over
ruled, and after some dilatory proceeding
Hascalrs motion was adopted. Those vot
ing aye were Hascall, Mount. TrostleI
Whitehorn and Karr. Those voting ma,
were Burnley. Hoye, Lobeck and Zimman
There was afterward a motion made b,
Lobeck that the clerk should issue sub
poenas tor witnesses to appear before tn
Board of Equalization with reference to tn
assessments OF corporations; but this wa
defeated by. the votes OF Hascall, Mount
1rOatlar WhitphOrn and Karr Tharaunot
Hascali moved that no notice or subpoena
be issued. and this was carried by tn
votes OF the above Ave last named mem
hers of the board. on the same day ther
was a motion by Mr.; Lobeck that Mi
Mcintosh be heard, and II was defeated b
the negative votes of Hascall, Noun
Trostler. Whitehorn and Karr. 4
Approval OF Equalization. \
The record then recites as follows: M
ton by MIR. Hascall that Mr.. Mcintosh b
asked to retire" Carried by the votes c
Hascall. Mount. Trostler and Whitehorr
the ruling OF the chairman. Mr.. Karr, de