Omaha daily bee., 1905-05-03
STARTS ASSESSMENT WORK
Pullman Valuation to Remain Same as
Last Year
COMPUTING VALUE OF GRAIN MEN
Total Purchases of Year 10 he Di-
vided by Twenty-Four as the
Average Investment of
the Year.
COMPUTING VALUE OF GRAIN MEN
CBy a star correspondent)


by twenty-four. The board also listened
to the plea of T. A. Polleys, tax COM
missioner for the Omaha road for a reduc-
tlon of its assessment from $500 to $1,000
a mile, and practically concluded to leave
the assessment of the Pullman company
where it was last year. l
This last work was done with open doors,
very unusual proceeding for that body,
and one indicating a desire to defer in
a measure to the demands of the public
that II be permitted to know that there
is no juggling with the figures, and to
become acquainted with the method of
combination employed. Mortensen sug-
gested that there was no need to study
over the Pullman statement because under
the law the company could not be taxed
on its franchise. He said he was sorry
because he thought the company ought
to be increased from 90 to 100 per cent
but that matter would have to await a
legislative amendment to the present law
He said that he had not made a formal
motion, and Galusha offered one, but Searle
asked for time to study the statement in
order to find out what it meant, asking
the secretary of state if he knew.
No. replied that official, nor would
understand ii in forty years, nor would
anyone else. Mortensen pointed out that
company's meager statement complied
with the legal requirements. The assess
ment last year was $4,000.
Rule for Grain Men.
At a hearing granted the representatives
of all the large grain purchasing interests
of the state, who wanted to advise the
board as to the proper method of compu-
ting the average capital, considerable d-
VprSitV NJ OpiOiOO 1pyalnDed n nd hOa rd
finally intimated that it would stand by
Benefits circular requiring the division of
the years business by twenty-four. Ben
nett says that as nearly as he can approx
mate grain men do business about twenty
four weeks out of the year and turn their
capital over once a week He admits that
the rule is arbitrary, but says that some
| thing must be supplied to make up for the
deficiency of the statute. County Assessor
Miller of Lancaster county has been as
sessing grain mems capital on the assunp-
| ton that division by twenty would give
| a fair average
To Tax Fraternals.
| Today State Treasurer Mortensen intro
duced resolution under which the board
| would instruct assessors to assess the
property of fraternal companies except
where expressly exempt under the stat
an officer OF the Ancient order of United
workmen, opposed the resolution with
much vigor, declaring that schools and fair
| associations, as well as other interests.
| were exempted from taxation on their
| holdings.
Tax Commissioner T. A. Polleys of the
| Chicago, st. Paul, Minneapolis & Omaha
road appeared before the board with a re-
| quest for a decrease in it's taxes on the
| ground that the mileage in Nebraska is
not. in equipment, roadbed or earning capa-
ma, equal in value to the mileage in other
states. He declares that the board pro-
| rated the total value last year without
taking that fact into consideration.
Election Law Case Filed.
! Today Chief Justice Holcomb granted
Orpheus b. Polk, a Lincoln attorney. an
alternative writ of mandamus compelling
| Secretary of State Galusha to appear at
10 o'clock in the morning, and show cause
why he should not place on file certi-
fcate of nomination, offered by the re-
| lator. BY agreement of attorneys the case,
which is a formal one. made up for the
purpose of testing house roll 2S5, the bien-
NAL election law. will be for hearing at
the first sitting in June. This was done
| to give the numerous friends OF the court
who desire to be heard opportunity to
file briefs. Attorney General Brown filed
a formal demurrer denying the sufficiency
of the petition and setting up the fact
that under the law there will he no cleo
tion in the year 1905. Although Brown is
formally the attorney who will defend the
law the major portion of that work will
necessarily fall on the friends of the court.
The relator alleges that he has pre-
sented a formal certificate of nomination
for regent of the university and that its
acceptance was refused. He asserts that
he is an Independent republican candidate
for the place Polk had intended to ini-
tiate the proceedings by offering certi-
ficate of nomination for the county Judge
ship with County Clerk Dawson, but that
official intimated that he would probably
accept It for fling. In his petition for a
writ of mandamus, the following count
sets out the theory on which the case will
be conducted.
ReIator alleges that said act is unconstI-
tutional ANA void for the reason that II
stittition. which provides that elections shall
be held annually; that it violates section
10 Of article XVI Of the constitution because
regents. judges of the supreme and district
| and county courts and certain other officers
Years, and it violates section ! of article
V of the constitution, which provides that
/ officers OF the state executive department
shall alone be elected on the even years
| that said act Is in conflict with the consti-
| tuition for the further reason that section
1 of article VT provides that the term OF
| office of the supreme Judges shall be six
| wears and said act in question extends the
| terms Of each of the judges of the supreme
| court 20 seven years; that II violates sec
| tion 10 OF article viii OF the constitution
which provides that the term Of office OF
| regents shall he six years, and the act In
| question extends the term Of the incumbent
! regents 10 seven years.
| The alternative writ Is as follows
| Now therefore, we being, willing that full
| and complete Justice should be done in the
| premises, do command you that YOU re-
| ceive and file the certificate OF Telator and
| place his name on the ballot at the general
| election to be held November Z, 1905. as
| candidate for the office OF regent OF tbs
| university or that YOU appear before the
| supreme court in the city Of Lincoln or
| the Sd day Of NAV, 1905, at the hour OF II
| o'clock a. m. and show cause why you
| should refuse to do SO.
Both Secretary OF State Galusha and
Deputy Secretary Of State Fred Miller de-
| MED that the Polk certificate had been pre-
sented to them. The case is purely forma
and for its purposes II is stated by those
interested in the determination OF the ques
tion Galusha is willing to stand by the
allegation that he refused TO receive the
| 4, 81 he 1alo