Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1905-08-31
JUDGE STEVENS LISTENS TO
MANY ARGUMENTS.
DEMAND DEFINITE CLAIM
Railroads Want State to Amend Com,
plant Setting Forth Exactly
How Much Money Is Alleged to Be
Due-Some Defendants Propose
Multiplication Of Cases.
N adison. Aug. 30,

NadlSOn. Aug. 30.
The back tax" cases brought by
the state against the several rail
road corporations operating in Wis.
conain, to compel them to pay to the
state Of their gross earnings, were be-
fore Judge Stevens in the circuit
court yesterday afternoon on mo-
ton to show cause. The state filed
the summons and complaints recent
~ and after looking over the allega-
lions the companies Immediately filed
motion to show cause requiring the
state to make a more definite com
plant This motion was argued YES
terday but not completed
The lad valorem" cases vrll occupy
the court today.
Some Of the rl,roada want the
state to bring separate action for
each year covered by an alleged false
report. This would make as many
cases against each separate company
as there were reports filed, for in The
penalty" litigation, the trial court
rendered a decision holding that the
roads never filed q report that was
not false and fraudulent" The state
brought suit against five compancs
ono case against each company, each
case covering all the reports made by
one company. The intention was not
to multiply litigation but to take the
controversy to the court Of last resort
and secure a judicial determination of
the matter as cXpeditiously as praC
tcabe. Judge Thomas Wilson, who
represents the Omaha road, contend
ed for an extension of time in which
to make answer for his road. In this
he was not ia perfect agreement with
the other companies desiring not to
join with them in his motion, but
making 1t merely for his company
alone. Judge Stevens did not hold
with the attorney.
The railroads seem to want to de
I lay tho matter. They want the state
to come into court with an explicit
claim, ready calculated and represent
cd by exact figures. The state simply
made the allegation in the complaint
that the roads had made incomplete
and false reports Of their gross earn
ings, upon which reprots they were
taxed under the old license fee sys
lem. The state has established this
much in the penalty cases, which
Judge Stevens has decided in favor
of the state The prayer of the state
In the back tax" cases Is that the
companies be ordered to produce
their books so that the court may
cause a thorough accounting and eX
animation to ne made so that the eX-
act sum still due the state may be as.
certaincd accurately by order of the
court and not be subject to trial to
test It's accuracy. The companies,
answer to the states complaint, that
an amended and supplementary com.
PLANT be required OF the complaining
commonwealth, which shall set forth
in detail precisely how much money
IL alleged to I1e slue by reason of the
"inaccurate and fraudulent reports
of gross earnings Some of the roads
even 30 SO far as to demand that a
separate lawsuit be required to be
brought for each report filed,
Lloyd w. Bowers, attorney for the
Chicago & Northwestern road, in his
argument to the court, stated that it Is
optional with the state to bring 20
separate suits or only one action. He
doubted the constttutonality of the
| law passed by the last legislature,
holding the Northwestern liable for
back taxes in 1884, 1886 or 1890
If the Northwestern did not pay
tho required license fec semi-annually
| in 1884, why did not the state then
begin SUITE" asked Mr.. Bowers.
On the assumption that the state
has cause for action Mr. Bowers
asked why the state did not start
separate action for each for 20 years
back. He said he hoped that the
state lid not fail to start separate
action for the sake OF little extra
typewriting and added;
III this motion Is denied | will
show to the court what hardship Is
worked upon us for the sake Of
small expense for typewriting by the
state of Wisconsin"
c. IL. Van Alstine spoke IN behalf
of the Milwaukee roaI Attorney
General Surdeyant and II, w Chy
noweth appeared for the state The
arguments will be concluded this
morning