Omaha daily bee., 1903-01-15
TWO ROADS FILE PROTESTS
Elkhon and Minnsauolis & Omaha Address
Board Of Equalization.
HONOR ONLY STATE BOARDS ASSES MEN1
Deny that Any One Else Has Jurisdic-
lion 60 Change IL or TO Make
Another-DRy's Proceed
tnRs.

me Board Of Equalization resumed bus
iness yesterday marning at 10 o'clock and
consumed considerable time in hearing APP
plicants for reduction OF small assessments
without enecting any noticeable diminution
in the large stack OF applications on file.
Then 70 became apparent that II the session
OF the board was not TO be continued in
definitely some sort Of system must be
adopted, and It was decided to refer the APP
plications with the exception Of some few
that will require special consideration to
Tax COMMISSIONS Fleming for investiga-
ton and report. The applications thus re-
ferred we're sixty-four in number, and as
Mr.. Fleming has already Investigated nearly
all Of them, he said he would be able to
begin submitting his reports and recon-
mendations very soon. The board will
then take up the applications in regular
order and act upon them as promptly as
possible.
Just before the adjournment for the day
the board heard from the railroads OF the
Northwestern system in the form of pro-
tests on the part of the Chicago, st. Paul,
Minneapolis & Omaha Railway company
and the Fremont, Elkhorn g. Missouri VAL
ley Railroad company against the jurisdic-
tion Of this board to accept any assess
mtul % lIb properties HUH Nv NhA bbAh
missioner and Board OF Review. These
protests, filed by B. T. White and ]. b.
sheean, as attorneys for the compa MES
mentioned, are modelled after those filed
with the Board OF Review, and in effect are
the same except for the fact that they are
brought up to date and embrace the pro-
ceedings of that body in the general pro-
test.
p.aA2. GNaNA nnaaHNa ENnuEn
In the protest of the Chicago, st. Paul,
Minneapolis & Omaha road II is related
with much legal verbiage that by authority
OF sections 80 and 40, article /. Of chapter
xvii Of the compiled statutes Of Nebraska,
the State Board of Equalization has fixed
the valuation of the property Of that COM
pany for taxation in the city OF Omaha for
1903 at 2O,748; that Tax COMMISSIONS
Fleming. without authority of law, made
ar assessment Of that property Of $2,074, 800
and the Board OF Review raised that amount
TO 2,50O, 900. The company protests against
the assessment of Mr.. Fleming and the
action of the Board of Review and protests
against the city council, sitting as a board
of equalization, or any of its members &C
cepting that assessment Of equalizing or
pretending to equalize the valuation of the
RAoHNAN = VI AAI IL VANoNahN " 1AaAAoA
municipal purposes for 1903, for the reason
that neither the tax commissioner, nor the
Board OF Review, nor the city council OF
any other person or official body Of the city
OF Omaha has jurisdiction to make an as
essment or increase the same or report the
same to the city council Of the city of
Omaha sitting as a board Of equalization
or to equalize or levy taxes upon such illegal
assessment.
The protest relating to the Fremont,
Elkhorn & Missouri Valley road is the
same, except as to the figures, the valua-
tion placed upon the property Of that road
by the state board having been $12, 924,
the assessment of Mr.. Fleming, 81 92, 400,
and the amount as fixed by the Board OF
Review. 1885, OO.
some Small Reductions Granted.
The board spent the afternoon in con-
sidering the applications reported back
with recommendations by the tax COM
missioner and a number OF small reduce
tions we're granted. The total number of
cases considered was 100 and in about half
Of these reductions were allowed.
Throughout the entire day the board was
working with a bare quorum, consisting OF
Messrs. Karr, Mount, Zimman, Trostler
and Lobeck, and the fact provoked some
unfavorable comment on the part of the
member who were in attendance. Mr..
Hascall was excused by reason Of absence
from the city and Mr.. Hoye was unable to
be present because Of illness, but the clerk
was instructed to particularly request the
other two to be present at the meeting OF
iodav