Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1902-12-11
Contends that City Has Authority Only
Outside Of Right of Way.
REALTY EXCHANGE FILES A COMPLAINT
Il Asks for Raise of Burlington Assessment
to $l4,996l42
EIGHT HUNDRED THOUSAND FOR DEPOT
Board of Review IL Asked to Put Full
Value of Tangible Property and
Franchises in Railroad
Assessments.

In contemplating the subject Of railroad /
taxation the Board of Review finds a new |
complication In a protest fled yesterday |
by the Burlington company In which that 1
corporation respectfully but firmly de-
MES the authority OF the tax commissioner /
or the board itself to make any adjust
ment Of the assessment on certain portions !
OF its property This document is signed |
by Greene. Breckenridge g. Kinsler, as at |
torneys, and was filed by them late yester-
day afternoon. II is addressed to William |
Fleming, tax commissioner OF the city of
Omaha; Victor Rosewater and william J.
Hunter, constituting the Board of Review
In the matter Of assessments of property
within the metropolitan city OF Omaha In
part 1t reads follows;
Gentlemen: You are hereby notified that
the properties returned for assessment and
taxation within the state of Nebraska
under the name of the Omaha & Southwest
North Platte Railroad company, and which
are held under perpetual leases and oper-
ated by the undersigned "A part of it's
railway system, consisting of railroad and
telegraph lines, including roadbed right-Of-
Hay' main and sidetracks, and turn-outs,
depot grounds and buildings, section and
tool houses, repair shops, warehouses, roll
Ing stock of all kinds and descriptions,
other personal property belonging to the
undersigned necessary for the construction
and repair of Its lines of road, but not in
.luding property of the following character
within the county of Douglas, viz, machine
nd repair shops. general office buildings,
outside of its right-of-way and depot
within the state OF Nebraska by the State
Board OF Equalization in the manner pro-
yded by law. and report has been made
oy the auditor of public accounts OF Me-
9raska to the county clerk of Douglas
sounty, Nebraska, of the amount Of the
Mileage OF eaid properties taxahle within
Douglas county. Nebraska, and the assess
nent thereof, as follows:
pompany 4.s6 miles at $500 per mile, and
Ihe Omaha North Platte Railroad COM
iany, 9.lI miles, at 5000 per mile.
state Boards Figures.
The only lawful assessment which can be
sSs on the Isa pPSpeEteS % IN foF me
'ity of Omaha Is sl7, SO upon the property
.ssessed IN the name y OF tne omana ann "a aSS
lpon the property assessed In the name or
he Omaha & North Platte Railroad com
bany. Nevertheless, the tax commissioner
Ias arbitrarily and without any semblance
ii authority pretended to make an, assess
% snt qpGR tpt saq M mes the am0u8ts
,oned; that is to say, against the property
'sted In the name of the Omaha 4 South
,'estern Railroad company, S,76l,5OO. and
tgsinst the property listed In q the lea name o OF
any Sis coo, and this company is in
nrmed that you, claiming to be authorized
l the premises threaten to act on said un, n
nade by said William Fleming. pretending
act tax commissioner, and determine
whether same in your judgment Is the
-alue to be placed upon said properties for
iae purpose of taxation for the year 1903
Sithin the metropolitan city OF Omaha:
This company denies your power and au-
dlority in the premises. The assessment
made by the State Board of Equalization
upon all the properties OF the undersigned
N either the name OF the Omaha q North
Elatte Railroad company or the Omaha &
southwestern Railroad company, except
machine and repair shops, general office
ouifdings, storehouses and real and personal
Of FiRlt-Of-WaX
lepot grounds is the only assessment which
the tax commissioner of the metropolitan
20 make, and there is nothing with respect
thereto which you, sitting as board of re
view. have any authority TO review OF ac
Please take notice and be governed &C
eordingly.
Complaint Against Burlington.
A document also bearing upon the affairs
OF the Burlington road, but very different
in its tenor. was filed soon after this pro
test. That was the complaint OF the tai
committee OF the Real Estate exchange, tn
purpose OF which is TO effect an increase o
the railroad company's assessment evei
above the figures named by the tax com
missioner, The aggregate amount at whicl
this complaint appraises the Burlington
properties in this city is s14, 1896, 1890
The complaint is similar in form TO tina
filed on the previous evening in relation I
the assessment of the properties of tn
Union Pacific road. 1t is drawn by j. H
Mcintosh as attorney, is sworn to b
George T. Morton as complainant and 1
designated as relating to the Chicago Bur
iington Quincy Railway company, tn
Burlington & Missouri River Railrosd com
pany in Nebraska, the Omaha & Southwest
ern Railroad company and the Omaha
North Platte Railroad company. Like tn
petition in regard to the Union Pacih
road, Il Is drawn in separate sections, eac
section dealing with a different portion
the property and each In itself constitutin
complaint.
The first complaint relates TO the passer
ger station. which Il is set forth, COS
100000 and which. with the grounds,
said TO be worth $500 900. at which hguT
the board is asked to assess It.
The main double track is the subject
the second complaint and this portion
the eompany's holdings. embracing n
right-of-way and other tangible appurt,
nances is appraised at S2,l11 900. To tn
80 added S4.222. 900 for the franchise and Il
board is asked to assess the property
the aggregate amount of So, 1888 900.
Another complaint is devoted TO the te
minals OF the Burlington road, which a
considered as TO their earning capacity al
their present and prospective value as
Item OF property. and upon which is plac,
. valuation Of 81, 80, which the boa
IS urged to accept as its basis Of taxatio
This petition concludes with the pray
that the board assess the different prope
ties enumerated in the aggregate sum
t14. .sss, ,l42S0.