Omaha daily bee., 1902-02-07
mCORDS ARE AGAINST HIN
,AsngsAs 1ssl Estate E1ohlpgs Has
Hard Psot - PaOa.
INENHMe on MUNcnoN co.'s OVtR.
'Je1gs DfolxinsOn Grants Continuance
UnttI Friday Morning, I'm Order
that City's Answer May he
=. net By OounseI.

''Ths attorney for the Real Estate ex-
change has run against q stone wall in the
action he brought in the district court TO
prevent the city council from making the
levy for 1907 said City Attorney Con-
nell. IKE has discovered that formal pro-
tesla against the assessments OF the hve
franchised corporations were presented to
the Board Of Equalization by w. @. shriver
and others, and we're put on record. 1t
has been his contention that such protests
were not received, but the records OF the
city clerk show that these papers we're
formaily presented and were considered BY
the board"
In Judge Dicklnson's court yesterday
J. H. Mcintosh, attorney for the Real
Estate exchange, spared for time in the
hearing on the city attorneys. ". J. Con-
nell's, motion to dissolve the temporary re-
straining order issued from that court to
prevent the city council levying a tax for
municipal purposes for the year 1902, based
upon the assessment Of taxable property Of
Omaha as the same now appears upon the
assessment roll. He was given until 10 a.
m. Friday.
The city attorney appeared early, armed
with q multitude OF papers. When Nc
Intosh arrived he walked directly TO the
judges desk and begged for a continuance,
stating that he arrived from Lincoln only
Wednesday night. and that his only n%otihca-
tion OF Connell's action had been received
Tuesday noon while In the supreme court
room.
Had Hunted mcIntOsh.
I'VE tried to find you In your ONCE be-
fore you went down there. but couldn't"
said Cornell. In apparent surprise at the
request for further delay.
r"I want q reasonable time said Nc
Intosh. addressing the court. "and ] want
him to put his showing on record 50 !
can see II and meet Il. / expect that when
the city records are produced there will
be things there not consistent with the
facts. I may ask leave to amend our petit
ton; IL there is a wiIlful omission Of prop
erty I shall claim that the whole levy is
void. The counsel should have the show
ing on record, but ] have not seen It and
l ask continuance until l have"
In his motion the city attorney had cited
as support, the answer Of the defendants,
which was to be ready before the hearing
on the motion, and announced also that
there would be oral testimony. Addressing
the court be sid: "our answer is not In
the form Of a mere denial; We make a full
showing Of facts and cause, but 1t seems
to me that Mr.. Mcintosh should be already
quite Ihmll1aT Win Juebe, anu snouiu uO'
require more than afteen minutes to gel
ready to 90 ahead with this case. The rec
ords which can by pushing the work be
completed Booner than first announced will
correctly and completely show the facts
and the only oral testimony is to be thai
Of the city clerk Identifying the records"
words Between Attorneys.
"'weii. do you admit that your clients sci
Monday at 2 p. m, Is the time for oui
hearingf" Mcintosh asked.
II admit the facts as they are, now
"oh, 1 know the facts as they are" said
: Hfc1ntoSh. "emphasiaing the last word. 'Yor
needn't tell me those"
"Ah,. you DOT Well, II you know It all
Of course nobody can tell you anything
was the rejoinder.
The court saw breakers ahead and stoppe'
the controversy by ssking Mr.. McIntosl
when he could be ready. The latter sail
he would probably have to draw up SOM
papers and that the preparation Of thes
would require some time.
well, we will set this for tomorrow
morning at 10 o'clock, and you be read,
thsn,' instructed his honor.
81 will try" said Mcintosh.
Eyes, try very hard, and l think you viii
ind you can do It."
The city attorney gave Mr.. Mcintosh
copy Of the reply to take with hin to hi
once