Omaha daily bee., 1902-05-21
Writ is Issued at the Instance of the Bee
Building Company.
ALLEGES LAW is NOT COMPLIED WITH
Property of Railroads Not Assessed in Pro-
portion to Other Holdings.
VALUE OF FRANCHISES NOT CONSIDERED
Court Asked TO order Board OF
Equalization to RecOnvene and
Properly Assess the Rail-
road Property.
(From STAN Correspondent.)

From Stan Correspondent
LINCOLN. May 2O-(special Telegram.)
e. w. simeral, representing the relator
in the case OF The State of Nebraska on
the relation of The Bee Building Company,
| relator VS.. Ezra p. Savage, Governor of
the state OF Nebraska, Chas. Weston,
! Auditor of the State Of Nebraska, aud Will
liam Stuefer, Treasurer of the State Of
Nebraska, who constitute the Board OF
Equalization in said state Of Nebraska, re.
| spondents, made his motion In the supreme
court this morning. After hearing the
| motion the court issued an alternative writ
| OF mandamus, returnable on June 3, direct
! ing the State Board Of Equalization to re-
convene and reassess the railroad and tel
egraph property within the state or show
cause why it should not. The full text Of
| the writ is:
To Ezra p. Savage, Governor of the
state OF Nebraska Charles Weston Audi
tor OF State Of Nebraska. and William
braska, Who Constitute the Board OF
Equalization in the State of Nebraska;
the affidavit OF Edward Rosewater, presi-
dent of The Bee Building company, relator
l. That the said relator is now and
| during all the times hereafter mentioned
was duly and. legally organized corpo-
| the state of Nebraska, having its principal
place OF business in the city of Omaha,
in the due and legal execution of the laws
OF said state, and especially in the per-
duties as by law provided as hereinafter
| stated; that said relator is the owner Of
real estate in this state OF the value Of
| state.
Duty of the Board.
2. That the said respondents as
board of equalization Is duly authorized
by the laws of the state of Nebraska TO as
| sess for taxation the property and fran
chises OF railroad and telegraph compa.
nies, situated and doing business in said
80 and 40, chapter lxxvii of the Compiled
statutes of the state of Nebraska entitled
board, by virtue of said sections 20 "a ana d'i 49,
are required and 1t is its duty TO assess
and franchises of railroad and telegraph
and other companies doing business IN the
THAT al Re foowns oS srs the ,
said. in the state of Nebraska. to-wit; The
eompahy ' in Nebraska st' and 'yal the chiessSy chiHy
burlington & Quincy. Railroad company;
ali railroad property belonging to- operated
| or controlled by what is Commonly called
business uader G and by vi Virtue Of the dSl@s IaMs
Of Nebraska as railroads and situated
The, Union Pacific Railway company, it's
branches leased lines and all its railroad
pr eeenEoed 81 What IS SpeGa5ea mansHdd
Union Pacific Railway system, doing bus
ness under and by virtue of the laws OF
The Northwestern system, which includes
the, railway of the Fremont g. Ellkhorn
Minneapolis & Omaha railway Company. COZ E.
railroad property belonging to, operated,
managed or controlled by what Is com.
monty called the Northwestern system,
doing business under and by virtue Of the
laws Of Nebraska as railroads and situated
The Chicago, Rock Island & Pacinc
Railroad company, its branches, leased
lines and all It's railroad property belong
what is commonly called the Rock Island
system, doing business under and by Vr-
therein.
The Missouri Pacific Railroad company
road property belonging TO- operates
managed or controlled by what Is CON
doing business under and by Virtue Of the
laws Of Nebraska as railroads. and situ
The relator also alleges that the Western
Union Telegraph company and the Postal
telegraph company doing business under
Nebraska as telegraph companies own and
operate many hundreds OF miles of teie-
graph lines in this state.
That all of said companies have obtained
from the state of Nebraska. under and by
virtue of the laws of said state, the right.
power and franchise to operate and do
business in said state OF Nebraska; said
telegraph co companies, and each of them,
Bile property, consisting OF telegraph lines,
poles and instruments, and reiator shows
consisting Of railroad tracks, rightroflway
depot grounds and depots, rolling stock
fixed and movable property the fair as
gregate value OF which, as your relator
Is Informed and believes. and Therefore
alleges the fact to be. is the sum Of $780,
9 The entire mileage of all of said rail-
the state Of Sebrasts. on Nay Msy'ihS j. isCai "
amounts to 5,7O4 miles, exclusive of side
turnouts on all OF said railroad systems
amount to 5,7OS.S4 miles
Law Not Compiled with.
8. Your relator further states that Il Is
the duty Of all OF said railroad and teie-
GERS. on or before the 9Th day Of April OF
each year 70 return to said auditor OF
o,ded the state OF Nebraska % the statement ss
chapter lxxvii. Your relator states in this
connection that said companies operating
In the state OF Nebraska have only par
section SO, by Ming with said auditor such
system and the Chicago. ST. paul TGso Minnel
apolis Omaha Railroad company have
not fled with the auditor any statement
as provided by section 80 or l3a. and that
said railroad companies have neglected 10
eSmPy S %th has sag a. proysiSns S Of said sec
lected TO require said railroad companies
or any OF them, 70 comply with the provi-
} sions OF said section 80 and 4Oa as afore-
ascertained the facts in that behalf as
required by law. The relator also alleges
} that said telegraph companies have not
complied with said statute In that behalf
, nor has said auditor ascertained the facts
relating thereto as required by law.
The relator also alleges that the Pullman
Palace Car company. corporation. owns
and operates a large number of sleeping
cars on said lines Of railway in Nebraska
or causes the same TO be so operated
acting in its said business under rights
| powers, franchises and privileges derived
under the laws OF this state; that said
company derives enormous revenues from
said business; that II assesses and levies
upon the people of this commonwealth and
} the stranger within its gates large sums OF
money and revenue, and that said board
{ has neglected and refused 20 duly and
! legally assess the property, Of said COM
pany, including rights, privileges and franz
chises derived under the laws OF Nebraska
for the support Of the government that