Omaha daily bee., 1905-05-18
MILWAUKEE FILES PROTEST
Objects to Taxation by State on It's
Traoksge Rights in Omaha.
OLD FIGURES SUIT THE ROCK ISLAND
supreme Court Sustains COntention
of Governor Mickey I'm Case
which Figured In Late
Campaign.
(From a Staff CorresnondentN

(From a STAFF Correspondent
LINCOLN, May 1T-(Special. To-day the
State board granted a hearing to Tax
Commissioner Dudley of the Milwaukee
railway, which was recently notified that
under opinion of the attorney general
it is taxable in Nebraska, although 1t uses
the Omaha terminals Of the Union Pacific.
Dudley objected to the jurisdiction of the
board, said that the company owned no
track in the state, and urged that the addi-
tion in the value of the track due to its use
thereof ought to be taxed to the Union
Pacific.
The governor informed him that as a
matter of equity. the board believed these
leasing lines ought to be taxed although
the commissioner tried to make a dis
tinction between its enjoyment of trackage
facilities. and an out and out lease. The
members of the board drew from him the
fact that the Milwaukee sleepefs and chair
cars were operated across the state.
Dudley was given ten days to get the
data required by the board. 1t was inti-
mated that the work of assessment might
be completed the first week in June.
Tax Commissioner Maher for the Rock
Island appeared and asked the board to
leave the valuations at the figures for
1904 Then the main line was assessed at
50 800. He said the company would not
enter any protest II those figures were
adopted again.
AppOrtIOnment Less.
The May temporary school fund appor-
tionment as announced today by Treasurer
Mortensen is $3.50, ,54O.O5, as compared with
S443.OOO a year ago, when the high water
mark was reached. The slump is at
tributed in part to the failure of the
Union Pacific and Burlington to pay taxes,
and also to the fact that the uniform half
mill levy will not yield as much on the
new valuation as the old levies ranging
from one-half to one and one-halt mills.
Municipal League wins.
In the primaries held yesterday the Mu-
nicipal league scored a victory in the nom
ination of five candidates for aldermen
who had been recommended. The vote was
light The high man was A. II. Hutton,
recently republican candidate for mayor,
who was beaten by the democrats and dis
gruntled republicans.
Medics in Session.
Three brands of doctors are In session
in the city. The homeopaths of the state
are holding their thirty-second annual ses-
sion. The eclectcs are holding their thir-
tendance. A number of distinguished phys
icians from other states are in the city.
The dentists are still in session. Clinics
and special lectures occupy their time.
Governor Mickey Wins Suit
The supreme court in the case of Oscar
samueIson against ]. H. Mickey which
played such a large part in the last CUB
ernatorial campaign. decides that the judg-
of ba based
sufficient evidence The lower court ad-
Judged deed to some land acquired by the
governor to be a mortgage despite the con-
tention that it was absolute and gave the
power to dispose of it. The land was
,oeded to Mickey in trust, it was claimed,
hut he testified that Samuelson had rented
the land of him and acknowledged the
transfer of title. During the campaign an
effort was made to show that the gov
ernor had taken unfair advantage of
debtor in holding the land under a deed
intended to be a mortgage.
In the opinion which was prepared by
Commissioner Albert the law is stated
as follows:
The test whereby to determine whether
deed is absolute on it's face should be
held to be a mortgage, is whether the
relation of the parties to each other as
debtor and creditor continues. If it does,
the transaction should be treated as a mort
gage otherwise not Riley against Starr,
AZ Nebraska, 243. Evidence examined and
held insufficient to sustain finding that
a deed. absolute on its face, was intended
to operate as mortgage.
wOrId-HerRId Denied RehearinH.
The supreme court entered an order this
afternoon denying the application OF the
World Publishing company of Omaha a
rehearing in its case against County Treas
urer Fink of Douglas county involving
the publication of the delinquent tax list.
The court recently decided adversely TO
the company and the present ruling is on
motion for A rehearing.
Barker Must Hang.
The supreme court has overruled the
motion for a rehearing filed by the attor-
neys for Frank Barker, the Webster
county double murderer, sentenced to
hang June l6. The forty-day limit in which