Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1903-02-01
Temporary Restraining Order Issued
Against City Authorities
HEARING SET FOR MONDAY, FEBRUARY lt
Company Insists Assessment BY State Boart
is Legal One,
ONLY RAILROAD VALUATIONS INVOLVED
Union Pacific Has Begun similar Pro.
ceedinEs and a similar Order
of Court Issues in that
Case.

Initiatory steps have been taken by the
railroad companies to settle in the courts
the question of the right of the municipal
government of Omaha to assess those por-
tions of the properties of the railroad COM
panles which have previously been as
sessed by the State Board of Equalization
Action was begun in the United States
circuit court yesterday by the Chicago,
Burlington & Quincy Railroad company
and a temporary order of the court was
Issued restraining Tax Commissioner
Fleming and the members of the city coun-
Gil from acting upon the assessment of the
property of that company for the tax of
1903, pending the hearing of an application
for a temporary writ of injunction. The
hearing of this application is set for Feb
ruary 16 at 10 a. IN. and in the meantime
the members of the city council are re-
strained from acting upon the assessment
as returned by Tax Commissioner Fleming
and passed upon by the Board of Review
and the city council acting as a board OF
equalization, or upon any other assessment
than that made by the State Board of
Equalization; and Mr.. Fleming as tax COM
missioner is restrained from delivering to
the city council his pretended assessment
for the taxes for the metropolitan city OF
Omaha for the year 1908 upon the proper
ties assessed in the name of the Omaha &
Southwestern Railroad company, and the
Omaha and North Platte Railroad company
Bas raised by the Board of Review"
Does Not Tie Up whole Levy.
The attorneys for the Burlington road
in this case are Greene, Breckenridge and
Kinsler and Mr.. Breckenridge said yester-
day that care had been taken to so draw
the petition as to involve only the prop
erty Of the railroad company and obviate
any necessity of tying up the whole tax
levy during the pendency of this suit.
Further discussing the case, Mr. Brecken-
ridge said that II the temporary writ should
be granted by the court 1t would be reason
able to expect that the answer would be
fled in May, and in that case the final
hearing OF the case on its merits would
come up in November. However, 1t might
be possible that the case from It's nature
would be set forward and taken up with
more promptness than would be expected
in the regular course of business.
The pleadings on the part Of the Bur-
lingfon company as orator in the case set
forth the return of the Burlington property
by the company to the State Board Of
Equalization for assessment as required
by law and the assessment made by that
board, and further relate the action of the
tax commissioner in making an assessment
OF the property and the action of the Board
of Review, and finally the city council act
ing as a board of equalization.
The Burlington company in this action
retains the ground taken in the proceed
ings before the Board Of Review and the
Board OF Equalization, denying the juris
dction OF the tax commissioner or any
! hndxy to
ment upon that portion Of its property
that has been assessed by the State Board
of Equalization.
Similar proceedings were begun by the
Union Pacific company and a similar order
of court was issued in that case.
city Attorney COnneIrs View.
City Attorney Conner knew nothing Of
the proceeding until called upon last night
by reporter for The Bee. He said:
"Of course we shall have to meet the
proposition involved. sooner or later and
may as well do so now. This only serves
TO emphasize the necessity OF legislation
that will do away with all grounds for
controversy. l think the legislature should
Immediately take such action as will har-
monlze the present law and make clear
the right Of the city to assess railroad
property for the purpose of municipal taxa
tion on the same basis as the property OF
individuals and OF other corporations is as
sessed.
Just what steps the city will take !
| am unable to state until l read the bill.
/ am going to Lincoln Monday to remain
over Tuesday, and will then read the bill
| filed. After that shall be better prepared
to state what the position OF the city will
/ be-"