Omaha daily bee., 1902-02-11
Argument on Motion to Dissolve Irjnotisr
still in Progress
osPsHATloN BOOKS SorYET CALLED Fer
JudEs Dickinson Holds TAsm Net Necessary
at Present. JunetSrG
sUsPoENAs FOR OFFICERS HELD GOOD
ossrt Declines TO Qussh Order Requiring
Representative, to Testify.
CONTENTION OF ATTORNEYS ON CASE
COnneII for city and McIntosh for
2 CompIainants Debate Motion TO
Dissolve without Matter Reach
ing Point of submissiOn.

z CompIaInants Debate motion 10
Dissolve without Matter Reach
ing Point of Submission.
City Attorney w. ]. Connell has com
pleted his argument on his motion to vaeate
Judge Dickinson's temporary injunction or
der restraining the council from passing the
ordinance levying the 1902 assessment as
proposed. Attorney ]. II. Mcintosh, who
represents w. G. Shriver and George Nor
ton, in whose names the order was secured.
has partially completed his reply to the
city attorney, but when court adjourned
yesterday afternoon had still some prece-
dents to cite, and the hearing was con-
tinued until $3.50 this morning, with a proS-
pect of its reaching conclusion carly.
The motion of the attorney for the s;' ct
railway company to quash the sub7oenas
served on officials Of the hve fTaL1hised
corporations Of Omaha was disposed OF
shortly after o'clock yesterday afternoon
when the court sustained the motion inso-
far as it applies TO the officers being re-
qulred to produce the books and records
Of their companies in court, but overruled
It in its auplication 10 the officers them
selves having to appear.
Basis of the Decision.
Judge Dickinson in taking this action
stated that the courts only jurisdiction In
the matter before IL was to decide whether
the council had proceeded properly In the
matter Of the complaints Of Shriyer and
others; not whether the assessments Of the
corporations in controversy had been fair
and sufficient, and that, this being true,
the production Of the records showing the
financial affairs OF the corporations would
be without excuse.
When this decision had been announced
Attorney Mcintosh had r. M. Morsman,
secretary and treasurer of the Nebraska
Telephone company, called to the stand:
The latter. answering questions, testified
that he had known from the papers that
members Of the real estate exchange had
filed complaints against the corporation as
sessments, but that he had not actively in
terested himself in the debates,
How the Council Proceeded.
City Attorney Connell had Councilman d.
J. Mount OF the Seventh ward called, The
latter testified that he had been present al
the Board of Equalization meeting when
representatives OF the real estate exchange
and the corporations were each allowed
thirty minutes hearing in debate on the
complaints.
"And were you present at the Monday
meeting when Councilman Hascall pre-
sented his motion finally disposipg Of these
complaints?" asked the city attorney.
YES"
"was it not in writing. and was 1t not
dIscussed?"
Yes"
"You may explain the eircumsta noes"
"In disposing of such motions Il is the
rule that no one be allowed to discuss the
question after roll call has begun. yet Coun-
Gilman Lobeck tried then to demand the
advice Of the city attorney, and delayed
two minutes while the chair was calling
on him to vote. There was nothing to pre-
vent his voting"
How about Councilman zimman's vot-
ing?"
"The circumstances we're the same, prac-
tically."
street Railway Company Called.
Attorney Mcintosh had John L. Webster
OF the street railway company on the stand
next. In an effort to prove that 1t was
distinctly the Real Estate exchange as a
whole, and not Morton or Shriver, who was
given attention by the board at the Friday
meeting. He asked:
Ibid you appear at the meeting referred
to by these other witnesses?"
Eyes. upon the notice received by the
street railway company"
what was said with reference to taking
up complaints?"
"It was announced in a general way that
such was to be done. i do not remember
the exact words"
What occurred after the announce
ment?"
Councilman Hascall made a motion that
| the complainants and the corporations
should each have an hour and half. This
was modified to the end that the complain
ants need occupy but half an hour, and
then the corporations half an hour, but con
tinulng alternately until the full time was
| consumed"
"You don't claim to be quoting the exact
words?" asked Attorney Mcintosh.
| mo"
What HascaII Referred To.
Now, didn't Hascail say that the ex-
change and the corporations should have
the half hours?"
| Sometimes the reference was to the ex-
change, sometimes to the Commercial club
and sometimes merely TO the complain
ants"
''You understood this. then. to be be-
tween the Real Estate exchange and Com
mercial club and the corporations?
81 understood those first two to be al
the head of it all. In the preparations foI
debate the reference to the complsinantl
was merely to those on that side OF the
house from among whom were to bs
chosen, by the men themselves those who
should speak for them"
Didn't +. d. Wead (the chairman OF th,
exchanges tax committee) do the desig-
nating?"
II don't know. / only remember tha
someone on that side made announcement
that so-and-so would be the next speaker
well, Mr.. Webster. didn't you. in tn,
course OF your remarks. take occasion 4
say that no suficient complaints had beer
hled?"
"No. / emphasized that evidence mus
be produced to support any that were filed.
A hve-minute recess was taken. whicl
gave James Creighton opportunity TO rails,
his familiar voice ia the court room lou,
| g. III 10 kaar hfa a1teoaafEau A..