Omaha daily bee., 1902-02-18
ANSWER IN MANDLNUS CASE
Csntsnds that the Equalization Beard
AdiudisHtsd Questions Involved.
COMPLAINTS CAN NOT Be HtE(O AGAIN
PeremptOry Writ of MRndnmus
Would Require COunciImen TO
Violate the Law, Argues
Attorney for the City.

City Attorney Connelrs valise. which was
packed yesterday morning preparatory to
his departure for Lincoln in the afternoon.
bulges with its burden Of legal documents.
which will be presented to the state SUI
preme court today. The documents
are for the most part exhibits" in the
rase Of the State ex rel William G.. Shriver
and George 7. Morton against Myron d.
karr land the remainder of the city coun-
biD, sitting as a Board OF Equalization"
Another instrument is the answer to the
felators' application for a writ OF man
namus compelling the council to recon-
vene as a board Of equalization. 1t COM
prises fourteen pages Of typewriter mat
Der.
The answer goes on to say that the city
Houncil convened as a board of equalization
January IA, 1902, and remained in session
rs such until January 20. It resumes: RE
spondents say that the REALTORS, on Janu-
airy IS, pretending and assuming to be act
Ing on behalf OF all taxpayers of,Smaha ex-
cept said five corporations, fled Ave COM
plants against said corporations and asked
that a time and place be set for a hearing.
A time and place was set and a full hear
ing, lasting several hours. was had. The
matter was considered and adjudicated and
the complaints overruled and rejected and
the REALTORS are therefore estopped from
presenting the same claim again.
Invasion of Judiciary Power.
'These respondents further maintain hat
TO allow and grant a peremptory writ OF
mandamus in accordance with the terms Of
the alternative writ issued herein would be
90 require these respondents to act in vio-
lation OF law, and would be an invasion Of
nhAfR aHdfrfaRxr anI l.-.-Is- -. -
functions. and would be a wrongful attempt
70 control their discretion. and would be
placing the city council OF the city Of
Omaha, sitting as a board OF equalization,
In the power and at the mercy Of said re-
lators, and their counsel, and would re-
Quire said council, sitting as such board,
without reference to the number Of sub
poenas or witnesses or for the purpose, for
which the same might be called, to issue
all process OF subpoena that said REALTORS
might require, and would require the said
council ~unlawfully to require all persons
connected with any OF said corporations
whose names said REALTORS might suggest
MS witnesses to appear before said board
and to answer under oath as to
the possession or control of the
property or franchises of the
said several corporations and the value
tneTeOis ana WOULD compel the said city
council. including these respondents as
members thereof. in v~iolation of law and
rights under the constitution. to produce
books and records for examination and from
the evidence produced by said REALTORS, in
place Of the manner required and directed
by law, determine the value Of the property
and franchises of said corporations for the
purpose OF taxation for the year 1902, and
would further unlawfully require said coun-
ell. including these respondents, to assess
the said property Of said corporations for
such purposes at 40 per cent Of its fair
cash value, and without authority of law
to certify 40 per cent Of the fair cash
value Of the property Of said corporations
to the tax commissioner as the corrected
and equalized assessment Of each Of said
corporations for the city of Omaha taxation
for the year 1902"
Councilman Hascall has changed his mind
about accompanying Mr.. Connell to Lin
coin. and so far as known at present the
city attorney went alone.