Omaha daily bee., 1902-04-15
FAULTS IN RYAN'S FINDINGS
Real Estate Exchange Assigns Fifteen
Reasons for Rejecting Them.
FOWLER WANTS LIBRARIES IN SCHOOLS
Friends and Relatives of Herman
zshn Give Savage Reasons why
His slayer should Not Re-
cetve CIemencys
(From a stan Correspondent.)

From a STAFF Correspondent
LINCOLN. April 14.-Cspecial. THE ex-
ceptions filed in the supreme court to the
recommendations Of Judge Ryan as referee,
In the Omaha tax mandamus case. con-
sists OF fifteen specifications, and cover
nearly every point passed upon in the ref
eree's report. The motion for a new
trial will come before the supreme court
for consideration during the sitting, which
begins tomorrow morning. It is commended
that the referee should have recommended
the issuance Of a writ In the terms, or in
substantially the terms. Of the mandatory
clause Of the alternative writ.
The court is given to understand that the
referee should have found that as a matter
OF Jaw. and under the constitution OF the
state, the property and franchises of cor
porations within a taxing district must
be taxed according to their value and must
bear their proportionate share of the taxes,
and that any act OF the legislature directing
the manner in which. the values Of the
property and franchises may be ascertained
for taxing purposes, is not applicable to
the valuation Of the property and franchises
of the corporations in question. II is argued
further that IL no direction is made by the
legislature for ascertaining the values of
the property and franchises of corporations
for taxation that will result In imposing
upon them their proportionate share Of
taxes then II becomes the duty OF the as
sessing ofiicers and OF the equalizing boards
10 determine the value Of the property and
franchises Of the corporations within the
taxing district, In such manner and form,
and under such rules and regulations as
may be Just and equitable. to the end
that a valuation for taxing purposes may
be ascertained that will result in a tax
upon the property and franchises that will
be equal and uniform and require them
to bear their proportionate share Of the
taxes.
Not Applicable to Corporations.
Taking up another section Of the referees
report II is commended that he should have
found that the portion Of the law, which
requires the total amount Of all indebted
ness, except the Indebtedness for current
expenses, to be deducted from the aggre-
gate value of its shares Of stock, was I'M
constitutional and inapplicable to the as
sessment of the property and franchises
OF corporations. "and that said total amount,
of all Indebtedness should in fact be added
to the aggregate value Of its shares Of stock,
and the sixth item contained in said section
80 deducted from said aggregate amount Of
the value OF the shares OF stock and the total
NAAStAN u aAA AhANbANhhNnof NANtpl II III
debtodness for current expenses, for the
purpose thereby Of ascertaining for the
purposes of assessment the valuation OF all
property and franchises Of said corpora
lions other than its tangible property"
Further along this line of argument 1t is
insisted that the referee should have found
that it was the duty OF the assessing on
GERS and Of the equalizing board to so value
and equalize the property and franchises
of corporations for taxation that the tax
imposed upon them will be equal and uni
form and would constitute their proper
tionate share of taxess-and that for this
purpose it is the duty of the oficers and Of
the equalizing board to ascertain the fair
cash value Of the tangible property Of each
OF the corporations and also to ascertain
the fair cash value Of the intangible prop
erty from the market value, or. II no mar
ket value. then from the actual fair cash
value Of the shares of stock. with the total
amount Of all Indebtedness added to said
value Of said shares Of stock, except the
>indehtedness fer current expenses. and TO
deduct from the aggregate value of the
shares of stock with the Indebtedness added
the fair cash value of the tangible prop
erty and to make the assessment upon the
same basis adopted and employed by the
assessing officers in making the 1902 as
sessment as a whole.
Income Fixes VaIue.
THE referee should have found that
whatever property Is worth for the pVr-
poses OF income and sale Il Is also worth
for the purpose Of taxation and that 1t was
the duty Of the assessors and OF the equal
izing board" continues the attorney for
the ~relator, Ito ascertain what the property
and franchises Of said several corporations
within the city Of Omaha was worth on the
cate OF said 1902 assessment for the pur-
pose Of income and sale and to have valued
and equalized It for taxation on the amount
so sscertained upon the same basis en-
ployed by the assessing officers in valuing
property generally within said taxing dis
trict for said 1902 taxation"
As to the basis OF value II is said: TT
requirement Of the statute that property
be assessed at its fair cash value is not
mandatory. but Is merely directory, thai
by the usage OF the assessing officers OF
this state from the time OF its organization.
and by the decisions of this court. said re-
qulrement of the statute has always been
treated as directory, aud In any event the
equalizing board is not concerned with the
standard of valuation adopted by the as
sessing officers. but is merely required TO
equalize the assessment as made and can
not be excused from performing its duty
as a board Of equalization even II 1t were
true that the assessing officers omitted