Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1902-02-12
ING GREETED WITH MUCH APPLAUSE
Demonstration Most Remarkable Ever Noted
in Equity Osurt Room.
COUNCIL MUST AWAIT SUPREME COURT
Levy 0annst Be Made Bsfsrs Nandamus
Case IL hsttlsd.
CITY ATTORNEY is SOMEWHAT ALARMED

r.
Exists and VIII work Great In
jury to City-ReaI Estate
Men JubiIant.
Despite the forbidding frown Of Judge
Charles T. Dickinson and despite the Wig
orous knocking OF Bailiff Stout. the Of
ficial gavel weilder for district court room
No. z, the crowd therein burst into round
of applause at 3;25 yesterday afternoon
when the Judge made his adverse ruling on
the motion OF City Attorney Connell to dis
solve the temporary injunction which he
had issued restraining the city council
from levying a tax for the year 1902, based
upon the assessment of taxable property
within Omaha as the same now appears
upon the assessment rolls.
The real estate men predominated in the
crowd and many laughed outright at what
they assumed would be the discontinue OF
the corporations, while others sought long
for an opportunity to shake the hands OF the
Judge, as we'll as that of Attorney J. II. Nc
Intosh, who had combatted the motion. The
judge remained on his bench. stern and
unapproachable by the effusive, until the
latter drew from the room. 1t once seemed
certain that the crowd would break out in
CneeTlnB, out the nearest hppIOdCn was
! when one very elderly man sang out: I'VE
knew Dickinson would give us our rights"
The demonstration was one of the most
| remarkable ever noted in an equity court
| in this district and followed four days of
what had been almost continuous de-
! bate.
Considers IL Misfortune.
City Attorney Connell, however. considers
the result as unfortunate for the city. He
calls attention to the statutory provision
(section 1873 of the charter) that the tax
commissioner shall assess for taxation all
street railway property in the city and
| place the same on the tax list fixing tho
valuation of the property owned by a street
railway company in the same manner as
other property is assessed" This he con-
trasts with that part of the injunction
which enjoins the council from levying the
tax until 1t has, sitting as board Of equal
| ization, raised the several assessments OF
| the said franchised corporations to 40 per
| cent OF the fair cash value OF their said
property and franchises" He says that
| this contrast seems to Indicate that the
eeirt ovefstepFeds itaaif by pfossrihins
what the charter does not demand shall be
done and which It will be almost impossI-
BILE to do because of the difficulty in ascer-
tanning what is exactly 40 per cent Of the
fair cash value. In an interview last even
ing Mr.. Connell said:
Had Judge Dickinson seen ht to dissolve
the injunction in accordance with our con-
tentlon that the plaintiffs had already had
a hearing with reference to the subject
matter in controversy, would have ad-
vised the council to at once proceed to
make the levy. Or II II was possible for
the council upon reconvening as board OF
equalization to lawfully comply with the
conditions in the order OF injunction,
would be In favor Of that course.
Says Compliance is Impossible.
"But the order as prepared by Mr. Nc
Intosh for Judge Dickinsons signature goes
to such an extreme as to make a compli-
ance Herewith impossible. Had the order
been simply a restraining order Judge Dick
inson might modify it. but being tempor-
} airy injunction he has no power to do So
SO as to make his modification Immediately
operative. supersedeas bond could be
given and the order as originally made
kept In force until final hearing by the
supreme court. but In the ordinary course
of events such hearing could not be had
during the present year The mandamus
case can have no effect on this action.
Even should the supreme court refuse the
; writ of mandamus applied for at the hear
ing, this order OF injunction issued by
Judge Dickinson would continue in force.
ITO sum the whole thing up. the hands
and feet of the mayor and council are
completely bound by this order OF Judge
Dickinson's. All legislative power by the
mayor and council with reference to the
annual levy OF 1902 is taken away ana we
now have only a city government by in
Junction OF course the council might
take the bits In their teeth and, later
on pass the levy ordinance In spite of the
. injunction, but this they are not likely Ia
: : do Certainly serious situation exists
which will work great injury to the city"
!" Order of the Court.
i The temporary Injunction which the
9 city attorney considers SO disastrous, but
d which the court announced that Il would
continue in force until the supreme court
d has had opportunity to pass on the plain
r tins application for a writ OF mandamus, .
n which is expected to be done the elghteenth
l. inst. reads as follows. being dated Feb
ruary 3:
II is here ordered that an injunction b,
granted herein enjoining the defendanti
for the year 1902. based upon The assess sss'
ment or taxable property within said city, az
me me same am a3S nov appears upon the assessnen
tax upon apy property within the cor,
porate limits of said city until they hav,
, first given to the plaintiffs a full and fsil
= hearing upon the several Complaints files
s by them with said defendants, as a boar
; OF equalization and as the city council
. against the 1909 assessment OF the Omahs
- Street Railway company, the Omaha Wate
e company. the Omaha Gas Company Ia,
Nebraska Telephone company and the New
Omaha Thomson-Houston Electric IiGh
Is company, end have duly considered IN
3, evidence upon said hearing and have justi,
determined the fair cash value of the prop
o erty and franchises OF said several cor
n porations within said city subject to tax
q alton therein for said year. and haV
\, | raised several assessments OF said cor
~ porations to 40 per cent OF the fair casl
value OF their said property and franchises
and have duly certified TO the tax com
l. missioner OF said city said 40 per cent o
said fair cash value as the equalized an
ni corrected assessment OF said several cor
N porations. until the further order OF tn
d. | court upon the plaintiffs executing and de
c livering 10 the clerk OF the court an under
a, taking TO the defendants in the sum on so
I'd with approved sureties conditioned as re