Omaha daily bee., 1903-05-15
PORTLAND HEARING FIXED
Right to Tax Its Shares in POttawattamie
County is at Issue.
DEMURRER TO DEFENDANTS ANSWER
Judge wheeler In District Court Has
n Quartet of Dipsomaniac Cases
Up Before Him for AdJu-
dication.

Judge Wheeler OF the district court ex-
poets to hear the application of County
Treasurer Arnd for an order compelling
the Portland Gold Mining company OF
Colorado TO produce its books 80 that the
names Of the stockholders and the amount
Of their stock holdings can be ascertsined
for the purpose Of taxation, on Saturday,
May q.
In its answer to the application filed by
County Attorney Killpack on behalf of the
county treasurer, the defendant company
commended that inasmuch as 1t was as
sessed for taxes in Colorado, where 1t did
business, II was not liable for taxes in
Council BLUFFS. Yesterday the county at
torney filed a demurrer to this answer on
the grounds that the answer itself showed
upon it's face that the Portland Gold Min
ing company is an Iowa corporation, or
ganized in the city Of Council BLUFFS, with
it's principal place Of business at Council
Bluffs, and further that the corporation
has always recognized Council Bluffs as
its principal place of business by holding
it's annual meetings here.
The demurrer is further based on the
grounds that the answer of the defendant
company shows that 1t is an artificial
person created under the laws and re-
C6lNllB It's COEpOTdNt bNIOt INA ~ "
unfairly fixed it's residence and legal
status in Council Bluffs, thereby showing
that whatever personal property is taxable
TO the corportion in the form of shares, or
stock, or moneys, or credits, is taxable
in Council Bluffs, which is the legal resi-
dence of the corporation. The demurrer
contends further that the mere fact that
the defendant corporation has paid taxes
in the state Of Colorado on certain prop
erty is no defense TO a claim for taxes
legally due here on the same property.
The result of the application in this case
Is being watched with much interest, as
1t Is the first attempt of -Pottawattamie
county to tax a foreign corporation incor-
porated under the avs OF Iowa, but doing
business elsewhere.
quartet of DIpsOmanIac Cases.
Thomas Lookabill. one of the four al
legged dipsomaniacs against whom informa-
lions were filed by Chief of Police Tibbits
with a view to having them committed to
the state hospital at Mount Pleasant.
when taken before Judge Wheeler in the
district court yesterday admitted the cor
rectness Of the charge, but pleaded that
II given another nance he would reform.
Out Of consideration for Lookabills family
the court said he would defer sentence,
but the first time the defendant was found
In a saloon or under the influence Of liquor
he would be sent to Mount Pleasant and
the term would not be a short one.
John Armstrong. the fourth Of the
quartet. has not yet had his hearing, and
in the meantime he is taking the bread and
water cure at the city Jail. A few years
ago Armstrong was convicted and SEN
fenced to the p~enitentiary for robbins
freight cars in the Rock Island yards. but
was paroled. In view of the fact that he
has been repeatedly arrested for being
drunk and otherwise m~isbehaving himself,
there is some talk of the authorities calling
on the governor to recall the parole and
having Armstrong committed to serve his
sentence.
Judge Wheeler has still under advise
ment the cases OF Even Fegley and Otto
Roderick, charged with being dipsomaniacs.
Both are in the city Jail pending a decision
in this cases and subslsting on a diet OF
bread and water.