Omaha daily bee., 1905-08-11
ATTORNEY GENERAL TO ACT
Waiting for Judge to Return to File Nan
damus Case Over Assessment,
HOLDS LOCAL BOARD WITHOUT AUTHORITY
witnesses wanted In che Grain Trust
Case Summoned 60 Appear before
Notary--Governor no Peace
maker.
CFrom a stan correspondent.)

-
From a Stan Correspondent.)
LINCOLN. Aug. lO--tspeciaL) THE at
torney general will institute mandamus
proceedings without delay. according to
his statement today when told OF County
Clerk Drexels Interview. in which the
latter said that such action would come
too late. Brown. with the members Of
the board who have discussed the matter,
alleges that the action OF the Douglas
county board had no effect, leaving the
assessment made ny Reed on the reserves
OF the frateTnals standing just where II
was, needing only extension on the books
This later end he maintains, will be ac-
complished through the mandamss pro-
ceedings. Secretary Bennett OF the board.
after consultation with Governor Mickey
and the attorney general has prepared
letter to Drexei nquiring whether he win
extend the assessment. Upon the refusal
OF the Douglas county oficisl to accede
TO this request. which IL here regarded as
an order, the attorney general will act.
Some effort is being made in Lincoln to
have the board discipline County Assessor
Reed. who Is under it's Jurisdiction, for par
ticipation in the county board meeting
which Haunted the order issued by the
state equalizing body. but the attorney
general states that II has no power over
him when he acts I'm that capacity. Neither
has Il any power, he says, to punish the
county commissioners for contempt, al
though II is a quasi judicial body, since
the capacity TO punish for contempt in
heres only IN judicial tribunals, unless
specially given by the legislature.
1t Is stated that the proposed suit cannot
be Instituted until some one Of the absent
judges returns from his vacation to sign
the alternative writ.
witnesses in Grain Trust Case.
This afternoon notice was served on sew
erai OF the attorneys representing elevator
firms which are defendants in the state s
Injunction case that dispositions would be
taken next week at Lincoln and at Omaha.
The matter has been kept secret by the at
torney general. who desired to catch the
witnesses before they could absent them
selves from the state in the event that there
was any inclination TO do so. The prepara-
tion of the summons was carried on with
the utmost secrecy and even now the name
of the commissioner before whom the testi-
mony is TO be taken has not been divulged
II is explained that Il is the privilege of
the attorney general to keep that nforma-
tion 10 himself until the depostions are to
be taken No statement is made regarding
the success which the attorney general has
Hdal IN CdlCulnk the witnesses on WnOm ne
will rely to secure the evidence on which
TO base his demand for the issuance Of a
| permanent Injunction Roscoe Pound OF
, the firm Of Hall. Woods & Pound, which
represents one OF the defendants. said this
afternoon that he understood the deposi-
tions would be taken at Omaha first and
then at Lincoln, In the senate chamber al
the state house.
Among the Lincoln grain men who have
been served with the summons to appear
it is stated that there is no need for anx.
iety on the score that the witnesses asked
for by the attorney general will seek to leave
the state or In any way avoid giving testi
mony. II is'uuderstood that a very large
number of witnesses has been served. II
is believed in some quarters that the actor
taken by the attorney general today wal
in pursuance of a plan TO make a coup
which would take the witnesses by surpris,
and prevent any further exodus to Europe
Learned COnfers with Pound.
NJ. L. Learned OF Omaha, representing
some OF the defendants IN the states case
was in the city today and incidentally
called on Judge Pound to talk of the case
The Omaha lawyer said, when asked
whether the grain men would obey tn,
temporary restraining order that the!
would do so.
Governor Grants Another Pardon.
Today Governor Mickey granted pardon
TO Cecil Beaumont, alleged to be the sciol
of a prominent Maryland family, who ha
been serving a two-year term in the peni
tentiary for obtaining money under falls
pretenses from J. W. Henderson of Rocl
- county. Accompanying the petition, whicl
Z was signed by the county officials OF Rocl
~ bounty and prominent citizens, was a let
Ster from the trial judge, J. J. Harrington
who advised the governor that the end
OF Justice would be subserved by the issu
Rnce OF pardon at this time. A lette
from Henderson, the complaining witness
stated that. Beaumont had repaid tn
money and is worthy of olemency. At tn
governors office it is understood that tn
man, who has been out on parole in Roc
county worked overtime to. obtain tn
money with which 10 pay Henderson.
~ Beaumont served in the Sixth Unite
States cavalry during the recent wal
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