Omaha daily bee., 1905-07-23
PROTESTS ON ASSESSMENT
Union Pacific Says All Property But It's
Own is Valued Too Low.
GOVERNOR CANNOT STOP STREET FAIRS
No JurisdictiOn over Local Affairs
and Cannot Remove Local ON
eiaIs Elected By the
People.
GOVERNOR CANNOT STOP STREET FAIRS

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LINCOLN, July n.--CSpeciaL THE Union
Pacific Railroad company, represented by
Robert j. Clancy, assistant tax commits
sioner, stood mp for Nebraska stoday by
protesting against the low valuation OF
al the property in the state except the
Union Pacific Railroad company, and in the
matter /of this latter named property the
company demanded OF the board that its
assessment be reduced from said excessive
valuation and assessment" The railroad
company also demands of the board that
81 give force and effect to the rule of uni
formity prescribed in the constitution. The
protest was fled with the secretary OF the
board and II was signed by Robert J.
Clancy, assistant tax commissioner; Vice
President and General Manager Mohler and
w. r. Kelley, general solicitor. Inasmuch
as the board had not yet put the final val
ues on any class Of property other than
horses and cattle, the protest is thouI 4
to be little premature. ~
The protest asserts that the grand as
sessment roll for 1906 in respect to prop
erty other than railroads is an assemblage
Of under valuations. thereby doing great
wrong to the Union Pacific railroad and
intensifying its burden Of taxation. II is
asserted that real estate was valued and
assessed in 1904 at not more than one-fifth
Of 20 per cent OF its actual value, so that
instead OF real estate being assessed at
20 per cent OF its actual value It is assessed
at not to exceed Il per cent. II is charged
that moneys and credits have been as
sessed at not to exceed per cent Of the
actual assessable value instead of 20 per
cent; that live stock has been assessed at
not to exceed 70 per cent, merchandise
not to exceed per cent and that personal
property generally, other than railroad. has
Aa.v F.,I,
sessable value and not to exceed IA per
cent OF its actual value.
The general charge is made that all
property other than railroad for the year
1905 has been assessed at much below its
actual value. The company charges that
the finding of the full value of Union Pa
cihc property in the amount OF $57, 500, 100
was greatly in excess of the actual value
The value placed upon all the lines by the
state board are recited in detail and the
assertion made that the findings are much
too high
No Right to Interfere.
Driven almost to desperation by the
many calls made upon him by alleged re-
form leagues, clubs, societies and others
who desire executive interference with
local affairs Governor Mickey yesterday APP
pealed to Attorney General Norris Brown
for an opinion as to just how far he could
go in such matters. The appeal that broke
the cameIs back came from Falls City
where there is to be a street fair next
week. Members of the Women's Christian
Temperance union and others wrote the
governor asking him to compel the officers
10 enforce the law and they made out
Falls City to be a very wicked place in
deed. Mayor Leyda of Falls City, however,
was here today and said no Sunday base
ball had been played there for a month and
that all saloons were closed on Sunday.
The opinion OF Attorney General Brown is.
- the effect that the governor has no right
% interfere with local affairs and he can
only remove those officers whom he him
self appoints. The opinion in full is as
follows and II is the earnest wish of those
who are interested that all civic leagues
and such like will read it with care:
J ha, the honor to acknowledge RECENT
or your request. for the opinion OF this de-
partment as to the extent of your authority
over local officers who have been elected
TO enforce the law. but who refuse TO do
so, In reply to your inquiry, beg to sub
In the first place, 1t must be conceded
that as governor you have no power to
control the action of local officers chosen
by lawful authority and wholly independ-
ent of your pleasure wish in the mat
ter OF their selection in the discharge OF
their duty unless such power is conferred
by law either express or implied The
constitution in express terms vests in the
duct of such officers are appointed by
him:
THE governor shall have power to re-
move any othcer whom he may appoint in
case of incompetenCy, neglect of duty or
malfeasanco in office; and he may declare
his office vacant, and fill the same as herein
provided in other cases OF vacancy (Sec.
IL, art. v, of the constitutional
BY the provisions quoted officers who are
your appointees are subject TO removal by
your command, should they be either in
competent or neglectful of duty, or guilty
OF malfeasance in office But this does
not aid us to determine what your power
may be when officers not appointed by
you refuse for any reason to DO their duty
under the law. Neither the constitution
nor the statute directly or by inference
gives the executive power to remove for
any cause any officer not his own appointed
other officers for official misconduct is by
law vested not in the governor, but M
county boards and local tribunals i'm the
legislature and In the courts. Therefore
II may safely be concluded that under the
law the governor Is without power to COM
pei or coerce any officer not his appointee
to perform his duty, That power lies in
other hands than those OF the executive
This conclusion is not shaken by section
OF article OF the constitution, which pro-
vides:
No Means OF Enforcement.
THE supreme executive power shall bC
vested in the governor. who shall take
care that the laws be faithfully executed
(Sec 8, art. v, of the constitutlon.)
While the above provision appears broaC