Omaha daily bee., 1905-06-17
RAILROAD TAXES IN IOWA
Assessment by the Cities Brings About {
Novel Condition.
SUPREME COURT is EVENLY DIVIDED
One District judge Holds one Way
and Another Another, ana the
Decisions VIII stand Till
Legislature Meets.
CFrom a STAFF Correspondent }

(From STAN Correspondent
DIES MONIES, June 16.-(Special. 1.-Two
constructions of the same law are in force
and effect in two separate counties of Iowa
because Of the division of the supreme
court on the railroad assessment cases APP
pealed from Scott and Linn counties. In
Davenport and also in Cedar Rapids, cities
that are under special charters, the rail-
roads were taxed on the full value of the
roads instead of on one-fourth as Is done
elsewhere. Suits followed and Judge Pres
ton of Cedar Rapids decided that city
could collect tax on but one-fourth valu-
alton Judge Bollinger of Davenport held
that city could collect taxes on the full
valuation. Both cases were appealed to the
supreme court and there consolidated. The
supreme court after fifteen months study
of the matter is evenly divided and has
returned a decision in the matter. Accord
ing to law when the supreme court is
evenly divided the action of the lower court
is affirmed. Accordingly therefore the two
opposite constructions OF the law are both
affirmed. 1t is the first time in the history
Of the state where this situation has been
presented, and what the cities of Daven-
port and Cedar Rapids will do is a prob
lem. There will, without doubt, be legis-
| lation at the next session of the legis-
lature, which will relieve the situation.
Not Cited for Contempt.
| George c. Newman, secretary of the al
| legged illegal combination of insurance men,
was not cited for contempt of court today
! for refusing to answer the questions put
| TO him before the grand jury County At
| torney Jesse Mile was confident that he
| could have secured the order of court and
| that the supreme court would have affirmed
| it. but he said he believed he had enough
! evidence without the additional informa-
| ton from Newman on which to base In
dictments The insurance men on the other
hand say that had Newman been arrested
! they would have started habeas corpus
proceedings in the supreme court, which
would have tied the matter up for four or
| five months, and have prevented the re-
| turning of indictments. They say this Is
| the real reason Newman was not cited for
| contempt.
would Buy sioux City Plant.
The Beatrice Creamery company OF this
city is endeavoring to buy the Hanford
| Creamery of Sioux City, which has capi-
tai OF $500 600 President Haskell of the
Beatrice company already owns two-fifths
| of the Hanford stock and is director in
| the company. The Beatrice company has
| plants at OMAHA Kansas City, Lincoln and
! other large towns in the west
| Diplomat Reviews Troops.
! General Powell Clayton, who has recently
been relieved as ambassador to Mexico by
| Edwin Conger, reviewed the troops Of the
| Eleventh cavalry this morning. During the
review he rode the best horse of Colonel
| Thomas, who is in command. Concerning
Mexico he said that 1t was not as good for
young men as the United States
Cow Causes Strike.
John White, president of the Iowa Mine
Workers is in the city endeavoring to set
tie the strike of 100 miners at the Gibson
mine He stated that the real cause OF
the strike which has heretofore been kept
from the public is that a COW belonging
to one of the miners ate up the garden OF
John Gibson, sr., and the miner the next
morning was discharged. President White
claims that the matter should have beer
| settled in a justice court and does not
| come under the agreement with the op
orators, but claims miner cannot be dis
charged for what his COW does. The mat
ter has been left to Mr.. White and the
, commissioner for the operators, Mr.. Reece
: Files Additional Charges.
) Serious charges were filed today by Ra
faeI Soluri against Rafael Bearmund in ad
l dtion to the charge of kidnapping Miss So
: luri, his lS-year-old daughter. Soluri sayi
after following Bearmund and his daughter
for five weeks nearly over the continent h'
) will not drop the charges till Bearmund II
l in the penitentiary.
Would Make Through Line.
F. S. Mordaunt of the st. Joseph, Alban!
G. Des Moines, who is in the city, says h
represents Chicago capitalists who are try
ing to buy the Iowa Falls & Northern, ant
that If it is purchased a through line b!
= way Of the Iowa Central will be had iron
st. Joseph to St. Paul.
Price of Life.
Four thousand dollars is the value place,
. upon the life Of Bessie Nelson, the Sout
Des Moines girl who was burned to dealt
e while lighting fire last winter The Re
e public Oil company furnished the OIL whtc
caused the accident and Judgment TO tn