Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-09
RETURNS COME IN SLOWLY
Chairman Warner of Republican COMMITTEES
Has Enough to Satisfy hin.
BRIEFS FILED lNwOoDaeN RESERVE CASE
Supreme Court Asked 20 Decide
whether a Person Can Recover on
Contract for lobbyist
Services.
cFrom a STAR Correspondence

CFrom a stan Correspondent
LINCOLN, Neb., Nov. S-(Special to The
Bee. )-Returns of the election held yes
terday are coming into the state head
quarters slowly, and late this evening only
nine counties had made complete returns
on the state ticket. In nearly every in
stance only the majority vote was sent in,
so the chairman is unable yet to figure on
the total vote cast. So far as heard from,
Judge Hastings carried only one county,
Polk, which gave him sixteen plurality,
though the/republicans secured a number
of the county officers. Sullivan carried
Polk county by 242 Reports from Fill
more, Pawnee and other counties show
the democrats made some gains in electing
county officers, which tends to bear out
the statements made before the election
that the democratic state committee was
paying no attention to the head of the
ticket but was working in the interest of
county candidates.
Chairman Warner has issued a call for
a meeting of the executive committee OF
the state committee at the headquarters
Thursday night, at which time he will
make his report Of the conduct Of the
campaign.
From every standpoint the campaign has
been a most successful one. The commit
tee will pay off the debt left by the Bur
CESS administration, amounting to some
5000. pay-all the expenses Of this cam
paign and still have some money in the
bank for a rainy day.
The county committee has quit getting
returns and will wait for the official re-
turns before making any further tabula-
tions The head of the ticket carried the
county by about 1900 plurality and all the
county candidates have been elected,
though Judge Waters and Coroner Ora
ham, who were running for fourth terms,
were scratched.
Assistant City Attorney Herdman Of
Omaha was attending supreme court today
and took occasion to say word for the
voting machines.
Douglas county will never go back to
the old way of voting" he said. THE
machines proved to be all right. They are
easy to understand and a great time
saver BY their use all contests will be
stopped unless positive fraud is discov-
cred. And then by o'clock we know the
vote, while earlier than that we knew who
had been elected"
Speaking of republican success in Doug
las county, Mr.. Herdman said:
Everybody is prosperous in Omaha
II
get out the vote. At least 1000 people who
registered failed to vote. We lost lots OF
socialist votes, too. These are the mair
reasons for republican success"
Brief in woOdmen Case.
| In the supreme court this afternoon wal
argued the case of the state against Johr
Drexel, county clerk of Douglas county
in which Governor Mickey. as chairman
~ ItraN aafr
to secure mandamus to compel the clerl
to insert in and enter upon the tax roll
Of Douglas county for taxation purposes
the assessed value of the reserve fund o
the order, amounting to $2,OS6, 651, of whicl
the assessed value would be s407, $780, AM
the assessed value of the reserve fund o
| the Woodmen circle, amounting to $40,177.
In his argument the attorney general sc
out the following points, upon which h
made his arguments:
Fraternal beneficiary associations are in
surance companies, and under the constitu
ton and laws of Nebraska neither tn
legislature nor any taxing officer has powe
to exempt their property from taxation.
The reserve funds of fraternal beneficiar
associations are not used exclusively 70
charitable purposes, but are subject t
taxation.
In their reply the attorneys for the orde
raised these points against the grantin
of the mandamus:
/. Because upon the face of the alterna
tive writ itself IL does not appear tina
relator has any interest in the subjeC
! matter of the action.
2. Relator is not entitled to the writ, n
demand having been made upon the r.
; spondent prior to the institution of tn
action.
g. The State Board of Equalization ha
no power to order or require the count
assessor of Douglas county to add to
ipcrease the valuation of property returne
by an individual taxpayer for the purpos
OF assessment and taxation.
> 4. The county assessor having wrongful
increased the assessed valuation Of Il
property of these corporations by directic
OF the state board, it was the right of II
corporations whose rights were thus a
, fected to complain to the County Board
Equalization then in session, and tn;
tribunal had Jurisdiction OF the matter ar
; authority TO act In the premises and 1
action in that behalf is conclusive unle
provided by law.
g. Under the constitution and laws of N
braska, fraternal beneficiary association
are either charitable organizations who
J property is exempt from taxation. or thu
are domestic life insurance companies
which event the assessment made by Il
county assessor in the first instance WI
and is the only proper valuation and asses
ment that could be made of their fund 4
the purpose of taxation.
Replying to this the attorney gener
said:
1
II is up to the supreme court to deci
whether a contract made with a lobby
to secure the passage of certain legisl
ton is a legal contract or whether It
Illegal and against the public morals T
supreme court some years ago decided tn
such contract was against public mora
and that 1t was illegal, but recently a d
cision was handed down which overrul
: this, and also the opinion of the Unit
States supreme court and of many 9th
states.
The question was raised by Senator PEI
berton OF Gage county, who is asking for
rehearing in the case of Stoemer agair
Van Arsdel The last named claimed II
he had represented StOemer and others
Washington and had secured the passa
through congress OF an act which entitl
them to receive from the government a
bate on Indian lands which they h
bought, amounting in all to some S9OO.C
The land was appraised and then auction
at public sale. The price was boosted
the sale and the settlers were compelled
pay much more than the appraised val
of the land Van Arsde then went
Washington at the instance of the settle
he claimed. in order to get a reduction
the price OF the land. Stoemer and TN,