Omaha daily bee., 1905-08-14
OFFICIALS ON A VACATION
Attorney General and State Superintendent
Only Ones Now in Lincoln.
GOVERNOR IS COMING BACK TUESDAY
Lancaster Politicians Preparing TO
Test the Commistioner BiII
Passed by the Last
Legislature.
CFrom a star correspondent.l

attorney general, and j. l.. McBrien, the
state superintendent the transaction OF
weighty state business has been shelved
for the time being by state officials. For
a week Auditor searle has been on his
ranch in Keith county. making hay while
the sun shines Land Commissioner Eaton
and Secretary Of State Galusha have de-
parted for the Pacific coast for trips last
Ing three or four weeks and State Treas
urer Mortensen is spending a vacation at
Ord, looking after his farming and bank
ing interests Governor Mickey has been
out of the city for several days attending
district reunions and settling squabbles be-
tween officials who could not agree as to the
distribution of the elegantly furnished
quarters at the Norfolk asylum. Tuesday
he will fit back to the statehouse to at
tend 60 some urgent state business, such
as signing vouchers and notarial commits
sions. and will then, on the following Tues
day. start for Portland to take part in
the Nebraska day festivities, August p.
He viii be gone for an indefinite period,
extending over a. least two weeks.
Brown has had vacation because of
the heavy rush of business, including the
big railway tax cases, the State Board
Of Equalization, the Grain trust case, which
has occupied his thoughts for a month,
and, finally, a hundred and one questions
from various departments of state and
from county oficials. Never before in
recent history has the state legal depart
ment been so busy. McBrien spent brief
vacation at Asbury Park, n. j., at the
National Teachers association, and now
he is hurrying from one end of the state
to another trying to keep up with his
teachers institute engagements.
To Test COmmissiOner Bill,
A prominent Lancaster county politician
is authority for the statement that test
suit will be filed in a few days to de-
termine the Constitutionalty of the com
missioner bill which passed the legisla-
ture as a supplement to the biennial cleo
tion law, recently held invalid by the su-
preme court. 1t is stated that the suit
will be brought by the friends of the
nominee of the recent republican county
convention, who are convinced that the
new statute is defective in several re-
spects. 1t ls stated that the decision in
the proposed suit will affect Douglas
county also. The weakness which the bill
is alleged to have is the lack of any pro-
vision requiring the election of the COM
missioners, or providing for a three-year
term, although it was the evident pur-
pose of the trainers to incorporate such
a provision. The omission is accounted
for by the fact that the omnibus biennial
election law made provisions for the de-
tails of the election. The politicians who
will bring the suit say that the hackers
of the bill blundered.
Representative Warner, one of the au-
thors of the biennial bills, has stated re-
Gently his belief that the commissioner
bill was fatally defective because of it's
ambiguity as to the date of election and
the length of the terms. The other
measures relative to the county super
visors, county assessors and registers of
deeds are said to be valid.
Trying TO Locate Insurance Men.
County Assessor Miller will have a meet
ing with the agents of Nebraska stock
! insurance companies Monday afternoon
with view to the discovery of the own
ers of the stock which has not been listed
for taxation. Recently he held Il confer
ence with the deputy attorney general and
| went away with the advice that he could
! institute perjury prosecutions against the
| men who failed to list their stock. Now
| he is at loss for sCme means which will
| enable him to determine the names of the
owners. He has addressed letters TO the
representatives of the companies in which
! the desired information is sought, but has
| been unable to secure any satisfactory
| information.
There is a disposition evident to forego
| any complaint which might be made on
the ground OF perjury If the holders of the
stock will list 1t for taxation this year.
1t is pointed out that the county assessor
is practically helpless unless the owners
come forward, unless he can force the pro-
duction of the books, and so far no sug-
gestion of that character has been heard.
| 1t is known that a prosecution for per-
jury would force some of the most promi-
nent men in the city to appear in the
criminal courts.
There is a tendency to claim at the pres
ent time that the imposition OF the tax
| on gross premiums under the provisions
OF section 81 of the revenue law was really
intended TO lake the place of all other forms
| of taxation on the property of insurance
companies, and for that reason 1t is urged
| that the stock ought to be exempt from
taxation, But on the other hand It Is ar
! gued that the supreme courts of this and
other states have held that a special method
of taxation might be applied TO property
in any one general class, such as insur-
ance companies. The general. sections OF
the statute also provides that each per-
son shall list all stock in corporations
| in which he is interested. Under this
clause OF section 2S, it Is claimed by the
deputy attorney general, every share OF
insurance stock should have been listed
whereas none of it was in either Lancas-
ter or Douglas counties. The item is
found in the personal property schedules
prepared By the secretary Of the state
board.
The investigation OF this matter in Ian.
caster county has brought 10 light the
fact that many persons who have failed
to list all Of their personal property would
be exempt from punishment for perjury
because they neglected TO make the sworr
statements before the deputy assessors
having forwarded their schedules by mail
1t developed that the acceptance Of such
schedules from some of the men supposed
to own insurance stock will be immune
from any possible prosecution for perjur,
because OF that omission. The development
is viewed with interest because of the fac
that County Assessor Reed was subjected
20 considerable criticism when he appearet
before the board because he had permitted
the fling Of statements which had not beer
, Little Chance for Free Homes.
| NORFOLK, Neb., Aug l3-(SpecialA J.