Omaha daily bee., 1903-05-02
ATTORNEY is OUT OF FIGHT
Ne ttosh Says He will Not Appear
Before State Board Of Equalization.
AUDITOR WESTON FILES ANSWER TO RYAN
on Inspector Church Takes Charge
81 omoe and All the New Depu
ties are Also sworn In
and clerk Named.
Rrom a stan correspondent

-
Trom a Stan Correspondent)
LINCOLN, Neb., May 1.-(special.)-J. n.
Mcintosh Of Omaha. attorney for the Real
Estate exchange in its fight for the tax
alton OF railroad terminals for city pur-
poses. was here this morning and stated
that he would not make a fight before the
State Board Of Equalization for the equali-
Eation OF taxes.
II am preparing to leave Omaha 5000"
he said. "and II will be impossible for me
to undertake any more cases. | hope, now
over, that someone will take up the night
and compel the railroads to pay their Just
share OF the taxes. 1t was urged by the
railroads during the last session Of the
legislature that the value of their terminal
facilities was scattered broadcast over the
road and that all the state derived tho
pronts from taxes paid, and while l know
that to be untrue, l hope someone will go
before the state board and see that the
value of these terminals is scattered over
the road. l hope the people will not dis
continue the hght and that they will be
successful in getting these corporations
TO pay what they should pay Of taxes"
weston Answers Ryan.
state Auditor Weston has fled in the
district court his answer in the suit brought
by Robert Ryan, who tried to have the
auditor restrained from paying members OF
the legislature IS per day for sixty days.
The auditor first sets up a demurrer claim
ing that the petition does not state SUI
hcient. facts to constitute a cause OF action.
without waving his demurrer, admitting
that at the time the petition was hled the
twenty-eighth session of the legislature
was in progress, and had continued, with
FKnVa dnU IN
day as had been declared by II to be neces-
saryA for more than forty days, for which
time Defendant as auditor had already APP
proy4d vouchers and drawn warrants at the
rate of s. a day for each member.
The auditor further alleges that
under the provisions Of section 4, Of article
q. of the state constitution II is the duty
OF each session OF the legislature, except
special meetings thereof, to remain In SEES
sion for at least sixty days for which each
member is entitled to compensation from
the state in the sum Of IS per day; that
at ne time Of the filing Of the petition
the t%auditor was engaged In the perfoT-
mantce Of his official duty, and was about
90 nAdlt the claims and issue warrants for
compensation of the members for the last
twenty days OF the session at IS per lay
which session would have expired by con-
BklGullOuA AIulldlAoh ARAh - 10y
that the action be dismissed and be be
Allowed to go hence without costs In this
behalf expended.
Judge Ryan created somewhat of. q stiI
among the legislators when he fled the
suits and several severe accidents were
narrowly averted in the grand rush to the
auditors ONCE when the facts become
known b. the Legislators. Judge Ryan wal
on hand early, however, and made light Of
his own attempt to prevent the auditor
from issuing the warrants, and assured
those who inquired that he had filed nc
bond. Just why he had such a change OF
heart at the critical moment was never
learned.
Of the late legislature averted humiliation
during the last few days by withdrawing
from a committee, claims that they wantet
allowed. These claims were for RAILROAD
fare for tuhketing trips made by the com
tuittees, Had the claims been presentel
10 the state auditor he would have refuse,
70 allow them. This because Of the fac
that the house, IN a spirit OF economy, on
day passed a resolution that all ommitte
members who had gone on juDketing trips
and who had ridden on passes furnishe,
by the railroads, should not draw none.
for railroad fare. An effort was made I
have this resolution reconsidered, but !
failed.
Later a committee got together and tn
claims Nere filed with the committee, 1t
said. a the amount OF over $500. Som
one br kached the matter to the auditor 0
TO his Amce and evidently a tip was give.
the Legislators. for none of the claims file
with the committee have showed up 1
the once of the auditor.
Inspector Church I'm barge
Edward A. Church. the new oil inspec
tor, took charge of that once today. HI
hrst ofhciaI act was to reappoint Mis-
Daisy Smith Of University Place stenogrs
pher aRd bookkeeper, Miss Smith has bee
In the Aofhee during the entire term OF NJ
3Hays./DcW. Hoyt OF York. W. G.. Temple
ton OF Omaha and H. ]. Hull Of Kearne,
newly appointed deputies, came in an
qualified. S. ]. Johnson Of Minden is Ell
pected tomorrow. In the meantime I
deputy has been appointed to take II
place of Fred Sonneschein Of West Poin
and that gentleman is holding over. II
said that Governor Mickey WOULD be veI
much gratihed to let out Mr.. Sonnescheil
but as most of that gentleman's countr!
men have strongly recommended him. II
governor is canvassing the situation tho
oughly before making any appointment.
The last oficial act OF Inspector Hays b.
fore turning over the property In the ONT
was to hold up two more cars OF oil an
q car OF gasoline, the property OF u