Omaha daily bee., 1908-06-05

RNaAA1Aa AHEEAANAN - ANAa - aE VI AAANRNH /
the supreme court says. because Of the
small number OF policemen in the city. The
case came up from Lancaster county. The
excise board refused to license saloons fac
ing the government square. The lower
court held the board had no right TO do this
land decided in favor Of the saloon keep
ers. The supreme court reversed the de-
cision and ordered a decree entered, favor
ing the order OF the excise board.
Request Goes TO widows.
By reason of a decision of the supreme
court handed down today. the widows ard
servants OF fishermen in the kingdom Of
Norway will be permitted to participate
in the division Of a trust fund left to them
by Nils o. Nilsson of Boone county, who
died some time ago. Wilson's only rela-
tives were brothers and sisters. He left
to two churches in Norway 5000 and 5000
and two-thirds Of the remainder OF his
estate to be kept In trust for the benefit
OF the widows of fishermen and servant
girls of his old home town. Trustees Of the
churches were named as trustees and the
money was to be loaned or real estate Sc
curity and the first day of December in
each year the interest was to be prorated
among the needy women Of his home town.
In his will Nilsson said the principal in
AheNA VA ANs AiOAAit AuWH was lSalIlk dl0
there we're many children and widows of
fishermen who were in need. The relatives
attacked the will, but the court held It;
valid.
Ruling ON Assessments.
Attorney General Thompson today sent
out an opinion relating to the assessment
of mortgages and notes in an effort to
strengthen any assessors on the matter.
| I4g Ngaas1. I.NEa- - dbl nfn-
Dear Sir: l have been informed that by
reason of a misunderstanding OF the de-
cision of the supreme court in the case of
Oleson against County OF Cunning, 1l5 N.
w. 7S3, some assessors have been allowing
all kinds OF notes ard mortgages to be Off
set BY debts of the owner of such notes
and mortgages In the assessment Of such
To the end that there may be no mis-
understanding Of the holding of the court
and that deductions of debts from assess
able credits be made only where legally
authorized, l am enclosing you herewith
copy Of arr opinion of this department on
attorney, to see that the Board of Equaliza-
ton Of your county takes such action as
Will insure the assessment of all notes and
mortgages subject to taxation, and that de-
ductions on account of debts be only
allowed in those cases where the supreme
court in the cases referred to has held
that deductions may be lawfully made.
Your first inquiry is, Does the decision
In the case OF Oleson- against County OF
Cunning, filed March 9. hold that no MOI
cages are subject to taxation II the owner
owes an Indebtedness equal to the mort
cages? You are advised that the holding
In [ his case is as follows:
"a note and mortgage taken in exchange
for property Is not money loaned and in
vested within, the meaning of the statute,
may deduct the just debts by him owing
at the time of making his tax return"
Your second inquiry is, Would not this
practically place mortgages altogether out
of the power of the assessors to assess
and would not vast wealth thus escape
County against Mcdonald, 1903, n. w. rs,
the court held as follows:
The statute distinguishes between
items of property to be scheduled for tax
alton. The other items named in the
schedule are not to be considered as
deducted therefrom. Notes and mortgages
which represent moneys loaned or in
!, vested are not subject to such deduction.
The holding in the Oleson case Is not
in conflict with the decision In the NC
! pT,0 Ddar t ease oc but IN IN th hsr% @Isson '9 cssS tht
court held that a note and mortgage taker
in exchange of property did not. represenl
reason was a credit which might be off.
set by bona fide debts. The holding. Of
? the court on this question up to this Time
/ moneys loaned and invested are not Sub
, ject to be offset by debts, owing by th'
taxpayer at the time of the assessment
In answer to- the other questions sub
0 mitted | have this only to say. that wher,
- an dSSGSkOI mas TGdSOH u 0tll6NF
? the condition of the records or other com
r petent evidence that a person is the owner
a 0I n0sef foan SnI ana md0iir nVested he has n,
: right TO assess the same against the per
e son so believed to be the owner thereof
n When a person is thus assessed and II
" fact he is not the owner of such note
; and mortgages. he has the right to appea
e before the County Board of Equalization
q and have such Items stricken from his Ia.
= schedule II he can satisfy the board tina
u he was not the owner thereon and wa
n not . he mona VaFGnn IN he ngGaQap
therefor. In. the event that the evidenc
is not sufficient to warrant the. assesso
y by the taxpayer on his schedule Of prop
+, erty assessed against him, he has a righ
; to appear before the County board Q
y would warrant an investigation in rela
, tion thereto. The county board has am
tPbhee pperson thus believed to be the owne
of property which has not been listed an
assessed against him to appear ana gIv
any other witnesses which II believes ca
furnish evidence bearing on the subJec
ordinarily can do fun justice in tn
premises by assessing the property !
such persons as may be subject 10 asses in ;,
gard to bank deposits. While the a.
SCISSOR, or his deputies. has limited or 7
authority in compelling the production {
books and the examination Of witnesses
OF for the purpose of uncovering propert
and ascertaining TO whom the same shoul
ization, as before suggested. has this vi
~ questioned authority, and IT Is It's dut
~ to exercise IL and make full and compile
IN inquiry by requiring the appearance {
ne witnesses and the production OF books az
u documents bearing on the subject 70 "
y. end that all property subject 70 taxatlo
,rs may be listed and assessed 10 the props
person or persons.
he Report on Nebraska Banks.
d The annual report of Secretary Royse
the state Banking board. now in the hand
Of the printers. will shortly be issued
the public. Notwithstanding the recer
panic the report shows the state oanh
to be in good sound condition and onl
one failure during the entire year. III
- Citizens bank OF Firth. This failure we
due to heavy speculation on the board
trade by the cashier.
~ During the year there were examine
ne $50 banks and building and loan associs
10 tions for which fees were collected TO tn
d amount to u2.44O; forty-seven banks wei
- chartered. for which fees we're collected
the amount OF a.175.
ne Mr.. Royse condemns the ownership {
10 a chain Of banks as follows:
There Is one practice that exists to SON
extent In this state which. In my opinion
sooner or later will have to be remedie
or serious trouble will follow-I refer I