Omaha daily bee., 1902-07-18

the contiguous states was S1sS.sl. Minne-
sofa, with its great terminals at st. Paul
and Minneapolis and 6,s4s miles Of rail-
road, collected in taxes S1.522,6S7 in 1900
Missouri, with its terminals at Kansas City
and st. Louis and st. Joseph and with its
6,s6s miles OF railroad. collected s1,16s. IT'S.
Iowa, with e.s37 miles, collected $1,4s7, 725.
Nebraska, with $500 miles, collected 81
1e1. SS1. That Is to say. Nebraska with
1900 miles Of railroads less than Minnesota.
with nearly 1000 miles less than Iowa and
nearly 1900 miles less than Missouri, col
lected within $3.50, 900 as much as Mime
sofa. within 100000 as much as Iowa and
about the same as Missouri. These are the
facts. The burning figures that are in evil
dence with reference to the conduct OF
these ~oflcials. How do they compare with
the surrounding states In the discharge OF
their duties? 1 appeal to the cold facts
and figures as silent proof Of what the rail
roads are assessed in other states. and as
a comparison the court should take into
consideration In fixing its value.
IL your honors please, l have gone over
all the points that | think my notes indicate
and that l can now recall. / desire to say
in conclusion that l Know It will be per-
~functory to call the attention OF the court
TO the rule with reference to proceedings Of
this kind, that is, that a writ will not issue
to a body clothed with discretionary or
Quasi-judicial power telling It how to act
Unless the board has absolutely refused To
act, this court cannot compel 1t to act and
never can tell 1t how to act. But II fraud
has been established to the satisfaction OF
the court, then perhaps the court can order
1t to, reconvene. This Is a very extrsordi-
nary and powerful arm OF the, law to invoke.
1t should not be used or exercised except
where the interests are apparent or the
danger palpable. Unless the inner con-
science of the court is satisfied that there
has a wrong been committed and that there
is no other remedy. We insist that there Is
no such condition here at all. ! do not
know what the idea OF the court from an
examination Of the records will be, but I do
assert that you can take 1t from any point
Of view, from any established criterion-hx
any rule, prescribe any method and the rail-
roads of the state of Nebraska are paying
their full and more than their full proportion
OF the tax and burdens OF the state. They GER
tainly must bear their full burden; they
ought to do It, they shall do II, will do II
and do do 1t. II IS all idle to charge that
they are elusive and that they are escaping
and missing, because this Is a physical i'm
possibility. Their properties extend all over
this state, they are reachabie and get-atable
and 1t does seem 70 us that the board here,
having exercised its very best judgment in
assessing these properties, has done It's full
duty. We think this court win say, 1--WE
will not substitute our Judgment, for n we
do it in this case we will be doing It In
many others. We win be establishing q
dangerous precedent. No great principle OF
law shall be thus violated and invaded, but
we will leave to sthese different bodies and
other coordinate branches OF the govern
ment to exercise and discharge their du-
ties" r' '