Omaha daily bee., 1902-03-14
MNTOSH TAKES HIS TURN
Points Out Bone Extraordinary Features in
Tax Mandamus Case.
NAMES coUNcuMEN AS THE DEFENDANTS
Reel Estate Exchanges Lawyer In-
sists that COunciImen Ran Away
from Duty and Can he
Called Back.

FOR an hour and a half Thursday after
noon Attorney ]. II. Mcintosh, arguing be-
fore the supreme court referee in favor Of
the tax mandamus, made the welkin ring.
and incidentally the six opposing attorneys
Send to their oniees for more calf-bound
law. II was like the tumult Of rams horns
before which fell the solid walls Of Jericho.
He started of something like this:
The counsel Of the other side have been
trying for two and one-half days now.
bringing to bear all their energies, all
their learning and all their enthusiasm,
to show that there is something very
unusual about this case. Well, there
are some extraordinary features in
It. II is. for example, an action by all the
taxpayers Of the city against their serv-
ants, the members Of the city council. to
compel them to do their duty. That is
one. Another extraordinary feature 10 that
on the other side is an array OF Ave aw-
yers who refuse to be OF record. but who
are managing this case to suit themselves
just the same. Beyond these features. 1
don't think there's anything so peculiar
about this case.
Il want the court and the counsel to note
this, that when / refer hereafter TO the
defendants In thls case / shall mean, not
the Eve corporations, but the Ave members
OF the city council who refused to listen to
these conplaints-Hascall, Mount. Trostler,
Whitehorn and Karr. They are the de-
PENDANTS in this case. II is the tools and
not the masters that we have to deal with
now"
To shut on Talk.
A change has been made In the program
Of the case since Thursday noon. and the
indications now are that there will be only
one speaker after Mr.. Mcintosh. At his
request the referee made a ruling to this
effect. As to which one OF the six law
yers opposing him will be chosen to make
the reply there has been no announcement
as yet. II IL likely the court will adjourn
this evening. at the close OF Mr.. McIn-
tosh's address. to reconvene some day next
week. As the supreme court sits Tuesday,
and several OF the attorneys wish to APP
pear before II in other cases, the referee
may consider 1t expedient to postpone the
remainder Of the hearing to the latter part
of the week.
Attorney Morsman at 2 o'clock resumed
his remarks where he left of at the neon
adjournment. The Nebraska statute" he
said, ALLOWING the bonded Indebtedness Of
a corporation to be deducted from the mar
ket value Of the share Of stock for pur-
poses OF assessment Is unconstitutional.
Tie United States supreme court has said
so, not with reference to this particular
statute, but In reference to another ex-
actly like II, In another state. The stat
ute should instead provide for the adding
OF the market value Of the stock to the
market value OF the bonds. In both cases
you deduct the value of all tangible prop
erty, which has already been assessed,
from the combined value Of the stocks and
AnaAa 80 aAN. -i.-- - - -
chise. Corporate property can't be valued
as anything but old junk without the value
Of its franchise. A~concern has an exist
ence apart from its original constituent
parts. II Is a unit-an organism-not an
aggregation Of poles. wires and cross
arms.
About Intangible Property.
How would you get at the value OF this
intangible property" asked Mr.. Mcintosh.
by considering 1t as a going concern.
The franchise is the intangible property"
At the conclusion Of Mr.. Morsman's ad-
dress Mr.. Mcintosh said he was going to
ask the referee to limit the number Of at
torneys who were to reply to him to one.
They can choose whoever they wish to
make the reply" he said. "but l think it
only fair that the number Of speakers be
limited to one"
Attorney R. 8. Hall Of the water COM
pany. who heretofore has remained silent,
said: Your honor, Il was arranged in
conference that Mr.. Webster. Mr.. Morsman
and Mr.. Cornell should present this mo-
tion and so, so far as I'm concerned.
shall have nothing to say unless there
comes up something out OF line tina per-
tains to some certain concern"
Attorney Pritchett OF the gas company
said; ~ am in the same position as Mr.
Hall and unless something unexpected de.
velops I don't think l shall care to speak. .
Referee Ryan said: II think that one
man to reply TO Mr.. Mcintosh will b
enough. or course, however. this doesn't
exclude the others from participa ting IN
the case and the rule refers only TO the
argument. II we should get so far as Il
admitting evidence. then It no longer ap-
piles"
MeIntOsh Higgins Argument.
Mr.. Mcintosh. attorney for the REALTORS
began speaking Al $3.50. II was his mrs
argument. as his previous address had beer