Omaha daily bee., 1903-05-15
RIGHT OF Way INDEFINITE
Railroads Use it as a Mantle 10 Cover Up
Much Property.
VIEWS OF REAL ESTATE MEN ON TAXES
Auditor Weston Takes Exception 90
View that state Board should set
q Precedent for Local
Assessors.
tFrom a star correspondent

LINCOLN, May 1A--(Special)-The need
of a law defining the right of way Of a
railroad company and setting forth just
how many feet of land is to be included In
the right Of way. was clearly demonstrated
this afternoon in a three-cornered debate
between member of the Omaha Real
Estate exchange, the State Board of As
sessment and a representative of the Union
Pacific Railroad company. Thu facts
brought out in the case were that the
right Of way ranged from 200 feet to 1900
or /. 400 feet, or whatever the railroad chose
to call its right Of way.
The occasion was the appearance of the
representatives Of the Omaha Real Estate
exchange before the State Board of As
sessment. w. G.. IRE acted as spokesman
for the exchange, and he was coached by
President Harrison, f.. d. Wead and c. r.
Brown. They were asking for an increased
assessment of railroad property. During
the argument Governor Mickey stated thai
it was only in the province of the board tc
assess the railroad property on the right
Of way and he advised the members Of
the Real Estate exchange to assess the
property 1t thought or believed was moi
on the right of way and fight for the col
lection of the taxes.
Al one lime III III Al uLIltnN WI NV SUI
the state board was a pattern by which al
the local assessors would do their work
and II the state board would increase th'
assessment of railroad property the loca
assessors would increase the valuation o.
the lands. This, he said, the railroads
would force the local assessors to do.
Weston Makes Dental.
The assertion that the state board wa
the pattern was stoutly denied by Mr.
Weston and a red hot debate was the re
suit. Mr.. Weston held that the stat
board was following the lead of the loca
| assessors, and that the board had received
the returns of the local assessors, showing
that no material increase In land Valua
ton had been made. Mr.. Ure held tina
county boards had the right to raise o.
lower the assessment to equalize II ant
/ cited that the board in Douglas count!
had increased one concern from an as
sessment OF $4,000 to 100000. and the con
Germ had paid the taxes. The goVerno
wanted to call on the attorney general u
see that everything was right, but atte
an hours argument the board mail!
agreed on what the statutes said-tna
when complaint has been filed the count!
board has the right to lower or rails
valuations with a view to equalSation. VI
many trivial questions the board and Tn
exchange and the railroad representative
could not agree and much time was spen
In argument. :,
In beginning his talk Mr.. IRE said n
desired to be heard Informally and to max
/ the occasion one where citizens OF Ne
braska could get together and talk owe
taxation matters. 1t was informal an
every phase of the question was discusses
at length. -,
Az a starter Mr.. Ure stated that In a.
the cities of Nebraska through which run
the Union Pacific road, including Omaha
South Omaha, Fremont, Kearney and 9th
ers, the company paid less thar SlO'Vo II
municipal taxes on terminal property. ii
asked that the board add to the assessmen
bv considering such tracks as those tina
lead from the Omaha depot to the smeltinl
works as spurs and not sidetracks and as
sess them the same as the main line. IL
held that these spurs were as valuable a
the main line and should be assessed a
such. He asked that all tracks that lea
TO elevators, wholesale houses, lumbe
yards, ETC., in all towns in the state be as
sessed as main line. lie was during thi
discussion of spurs and sldetracks that tn
right of way question and the jurisdiction
Of the board was injected.
Question of Right of Way.