Omaha daily bee., 1902-04-26
OBEYS MANDATE PROMPTLY
City Council Reoonvsaes as a Board Of
Equalization.
HEARINGS SET FOR SExT WEDNESDAY
City Clerk Directed to Issue sub
pOenas for the Five Public
Service Corporations TO APP
pear with Their Books.

The city council. pursuar. % re supreme
court mandamus. met yesterday morning a.
a board Of equalization, and Immediately
afterward took a recess to Wednesday,
April 30. at 10 a. n. Meanwhile the five
public service corporations Will be notified
and word will be sent to Cvuncilmen
Mount and Burnley. who are out Of the
city. II Is the purpose Of the board 70
deal with one corporation at a time and 1;
is likely that the street railway company
will be the first on the carpet. The city
clerk has been directed TO prepare sub
poenaes ~summoning the officers TO appear
next wednesday and bring their books,
This action was taken IN response to tho
writ Of ~peremptory mandamus, certified
copies Of which we're served Thursday night
upon eight OF the nine counciimen by deputy
-herihs. The text Of the writ follows.
what the Court Orders.
Now, therefore, we NINA you, i'm
mediately upon receipt OF this writ, that
goa . az ne t,oS city sounf fbs ane 0oar 81
Omaha. reconvene as a board Of equaliza-
ton at the city council chamber, IN said
day and hour after the service Of this
writ on you, first giving TO said REALTORS,
William O. Shriver and George 7. Morton,
and the said Omaha Street Railway COM
pany, Omaha Water company, Omaha Gas
company. Nebraska Telephone company
and New Omaha Thomsun-Houston Eiec-
trio Light company, due and reasonable
notice Of the place and time Of said meet
Ing, in said notices TO said corporations
advising each Of them also of the substance
Of the prayer OF. said several complaints
filed with you as a broad OF equalization
by said William 6. Shriyer and George T.
Morton. January Is, 1907. that a reasonable
time before the time set for said Meeting
and at all times before the final adjourn
ment thereof. you duly cause to be issued
all process Of subpoena for witnesses 70
Ing that said ~relators, William G.. shriver
and George T Norton or any OF said cor
converting Of said meeting you hrst cor
rect your said final report made before
your adjournment on January %. 1890, as a
facts. by making said report show that
said board did not hear or consider SAID
Shriver and George T. Morton on January
is. 1892. but refused to do so; that you
then proceed to hear and consider said
Shriver and George T. Morton against said
several corporations. filed with you as said
fully TO examine into the question OF the
fair cash value Of all the personal property
and franchises Of each said corporations
within the city OF Omaha and subject to
taxation therein for said 1902 city taxes,
as Of the date OF said 1872 assessment and
into the question OF the standard OF valua-
ton adopted and employed by the tax com.
missioner, his deputies and the Board Of
1902 assessment, and that, for the
purposes aforesaid you require said
and records for examination, and that you
swear all witnesses and faithfully hear all
competent relevant or material evidence
that NAV be produced before you touching
the matters and things aforesaid, and that
from the evidence before you you deter
mine the fair cash value as OF the date of
said 1922 city assessment, Of all personal
property and franchises Of each OF said
corporations within the SAID city Of Omaha
and subject to taxation therein for said
1902 city taxes, and that you also ascertain
from the evidence the standard of valua-
missioner, his deputies and the Board OF
Review Of said city In making said assess
ment Of all taxable property within said
city for said 1902 taxes, and that you bring
the amount of the several assessments OF
the personal property and franchises of said
several corporations within said city and
subject TO taxation therein for said 1902
taxes to said standard and certify the re-
spective amounts so ascertained TO the tax
commissioner OF said city as the corrected
and equalized assessment of the personal
corporations for city OF Omaha taxation
for the year 1892. said assessment TO be by
said commissioner extended on the tax list
and duplicate against each OF said several
corporations and delivered TO the city treas
urer and city comptroller of said city, as
required by law, and that you do such
other acts In the premises as the nature
OF the case may require, for the purpose
of fully equalizing and assessing the per-
sonal property and franchises OF each OF
said several corporations for said 1892 city
AdACE NJ Lnt same hAhhuhN u NhAuhNl0u
adopted and employed by the tax commits
sioner. his deputies and the Board of Re
view Of said city in making up said 1892
assessment roll, and that you return this
writ on or before the 18th day Of May.
1902, with your certificate OF having done
as you are herein commanded. Hereof fail
not under penalty OF the law.
Witness the Hon. John ]. Sullivan. chief
justice Of the supreme court OF the state
OF Nebraska, and the seal OF said court
hereunto afixed, this sd day of April. 1902.
(SealD tSlgnedl LEE HERDMAN.
Clerk OF the Supreme Court.
Endorsement on back OF writ: The
auly allowed this 23d day OF April, A. %. 1892.
(Signed) SILAS A. HOLCOMB,
One of the Judges Of the Supreme Court.
Diversity of Opinions.
Although the writ was most explicit and
concrete in its instructions. there was a
great variety Of opinion among the mem
bers OF the council as to how they should
proceed. Never before has there been SO
much concern manifested for keeping a
straight record"
A majority Of the council was on hand al
10 O'Clock, the time set for the meeting.
but an hour elapsed before the tap OF the
gavel called them to order. Meanwhile a
caucus Was held In the private ONCE Of the
city clerk. These were present: Has
call, Karr. Whitehorn. Zimmsn, Trostler.
Hoye and Lobeck. II was announced that
Burnley and Mount were out OF the city.
though the former had left since service
had been obtained upon HIN Thursday