Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-23
TAX CASE ARGUMENT ENDS
Decision in Noted Case May Be- Reached
Before Court Adiourns
JUDGES ASK EMBARRASSING QUESTIONS
Attorney Is Told by Justice
Harlan TO Omit Question of
How Board Reached
Assessment.
(From a star Correspondent,

/ road taxation cases were concluded today
in the supreme court. Senator-elect
/ Brown. who had not concluded yesterday
when court adjourned, and Maxwell
Evarts of New York were the only attor-
neys heard today. 1t had been supposed
that Attorney Baldwin would present an
argument for the railroads and that Mr.
| Stanley would close for the state of Ne
/ braska. but this program was modified
and the attorneys mentioned made final
pleas FOR the respective interests.
During the entire course of the argu-
ments presented today. particularly by
Mr.. Evarts. the court manifested extraor-
| dinary interest Counsel were frequently
! interrupted by questions from nearly
every member of the great tribunal, even
/ Chief Justice Fuller evincing interest by
! asking Mr.. Evarts number of questions.
In fact. since the argument began the at
! torneys for the railroads have been sub
! jected to series of rather embarrassing
questions on the part of members of the
] court.
Mr. Brown said there was nothing in
/ the record to impeach the action of the
Board of Assessment, and refuted ~
! charge that has been made that there had
been an attempt to force the railroads
operating in Nebraska to pay exorbitant
taxes in order to enable the state to pay
off the state debt.
| Roads Attorney Gets n Jolt.
Justices White and McKenna asked At
torney Evarts what the state had as
| sessed his road
"Fifty-fve thousand dollars per mIie."
was the reply. They first levied Sos 900
and then reduced IT to S55,0OO."
Your claim is that 1t should be s45, 900,
is 1t not?'
"Yes, the board imported property into
the state through its method and that
method is absolutely bad, absolutely ille-
gal" said Mr.. Evarts.
At this point Justice Harlan shifted in
his chair and reminded Mr.. Evarts that
what the court desired to know was how
he could show that the assessment of the
board should have been $4,000 instead of
S55,00O Then occurred a real call-down for
the Union Pacific attorney. Justice Harlan
with severity said:
Put out of your mind how the board ar
rived at its conclusion"
Chief Justice Fuller interrupted with
question at to the Union Pacific holdings
in Nebraska, TO which Mr.. Evarts replied
by submitting an array OF figures compiled
by the auditor OF his company.
In concluding, Mr.. Evarts said that in his
l JuOBHlSnL lne COURT COuAu nut bTIlNo dI any
other conclusion than that II any deduction
is made Il must be for the full amount and
not on any percentage OF the same.
Mr.. Brown WAS seen to smile over this
remark and shortly afterwards court ad-
journed for luncheon.
The case of the people Of Nebraska
against certain. railroads of the state Is
finally in the hands of the court of last re-
sort. TO be decided possibly before adjourn
ment in June.
More Time for Settlers.
The house committee on public lands de-
cided today to make favorable report on
the Gronna resolution extending until May
Is the time when settlers who have filed ON
lands in the northwestern states shall be
required to take up residence on their
claims. Both the senate and the house
passed resolution permitting settlers in
the northwest to leave their claims for
three months because Of the extremely cold
weather and lack Of fuel. 1t was thought
at first that this resolution would also ex-
tend to persons who had not yet gene on
their claims, but investigation showed that
such was not the case and another measure
was prepared to protect the interests OF
homeseekers who are unable TO get to their
claims because OF unfavorable weather
Western Matters in Congress.
Representative Pollard today recon-
mended the reappointment OF John F. Grif-
nth for postmaster at Pawnee City.
Representative Kennedy presented TO the
house today the resolutions protesting
against the further distribution of garden
seeds adopted by the Nebraska Swine
Breeders association and the Nebraska Du-
roc-Jersey Breeders association. These
associations want the money heretofore
agricultural department TO build up agri-
cultural colleges and experiment stations.
There is a conflict between the public
lands committee and irrigation committee
| OF the house over the jurisdiction of the
bill to appropriate S15OO,000 to protect the
people and the lands on the Colorado river
in California. On motion of Representative
Kennedy made in the irrigation committee
this morning, Chairman Mondell of Wyom-
ing was directed to assert jurisdiction over
the subject matter Of the bill. and to amend
the bill so that no part of the cost OF the
work should be charged to the irrigation
fund. The bill as It now stands takes
| 81 10000 out of that fund, while the fact
is that all the money in the fund is needed
for irrigation projects already undertaken
Secretary Shaw today sent 10 congress-
| a letter requesting an appropriation of
ters at Cedar Rapids. Ia. for a public
building.
Representative Kinkaid today introduced
a bill authorizing the secretary of the in
terror 10 make a resurey of the lands in
township q north, range l6 west, Holt
county, Nebraska.
The following bills introduced by Senator
Burkett were today favorably reported TO
the senate: To increase the pension OF o.
D. Cisco, OF Burchard to s24 per month;
TO increase the pension Of Thomas Harrop,
Roca, 70 $50 per month.
Carriers and POstmAsters.
Rural carriers appointed: Iowa, Car
Isle, route 3. Luther L. Thomas, carrier
Ida E Thomas. substitute. Coin, route g.
Walter Eberle. carrier; Harry Eberle. sub
stitute Decorah. route 6. Winfield NJ
Baker. carrier; Sidney d. Baker substi-
tute. Keokuk route 2. Luman H. Van
Ausdall carrier; Isaac c. Carrick, substi-
tute. Moulton. route /, Clint E. Murdy,
carrier; Ralph @. Mundy. substitute. Saint
Ansgar. route 8. Nicholas K. LorsnEen. car
rier; Johannes F. LOrenzen. substitute