Omaha daily bee., 1909-08-15
TEST OF OCCUPATION TAX
Judge Sullivan Announces Case vii
Be Started Soon.
MANY HAVE NOT PAID UP YET
Two ThOusand Registered Corpora
uons Have Gone out Of Business
and No RecOrd Of IL at
the state House.
fFrom a ststf cerrsspondsntl

1lbAINCN CVuIl y DOukAas county 70 uNoN
he legality of the occupation tax act
passed by the late democratic legislature.
Judge Sullivan called upon Attorney Cen
eral Thompson this morning and an
nounced to him that the suit would be
filed within a short time.
Judge Sullivan said rumor had IL that
there we're still standing some tws or
three acts passed by the legislature, and
in order to get in the game he had to
choose between the Sink bed sheet bill
and the occupation tax. so he concluded
to tackle the occupation tax.
Up TO this time 1875 corporations have
paid the occupation tax. the fees amount
ing ts S2s.i5o. OF his sum 32,425 has
been paid under protest. This money
paid under protest. however, will go into
the state treasury with the other as
there is no law by which 1t can be held
out. The fact that It was paid under
protest. however. may help the corpora
tion get 1t back should the law be de-
clared unconstitutional and the matter is
taken up with the next legislature.
There are still about 5000 corporations
which have not paid the tax. OF the let
ters sent out 1000 have been returned
because the corporations have gone out
Of existence.
Under the law the tax must be paid
by September 1, or a penalty Of $40 is
tackled on II not paid by November /.
then It is the duty Of the state to can
eel the license of the corporation and
prevent II doing business in Nebraska.
Proposes Change in Law.
Secretary of state Junkin has under con-
sideration an amendment to the revenue
law which he believes will be good. His
amendment provides that the State Board
OF Equalization shall have power to equal
ize values of the various counties solely
for state purposes, leaving to the county
boards the authority to place a value on
the property for county purposes.
Delay, then, on the part Of the state
board would not affect the counties to any
great extent because the officials could go
ahead and extend their levies for county
and school purposes. while waiting for the
state board. The levy for state purposes
Is always small compared with the levy
for county and city purposes. and the sec
rotary believes there would be no objec-
tons to the work Of the state board.
whether the values were high or low. AS
Il is now. he says. persons are vitality in
terested in the work of the state board
because It is on the values fixed by this
BOARD that county and city levies are
made.
The board has no right to change the
assessment OF an individual. but merely
qualities values between the counties, so
ie believes this valuation so fixed should
De used solely for realizing taxes for state
purposes.
investigation of Charges.
The State Board of Public Lands and
buildings is going to Grand Island to in
ytstisate the charges made by Adjutant
Joseph McGraw, who has been asked to
resign by the governor. The board expects
to make its investigation the first of the
week. 1t will take a stenographer and
cross-examine all the witnesses whom
Mr.. McGraw says he will have on hand.
McGraN charged that Commander Barnes
was not conducting the institution as It
should be conducted.
Brian Back at Desk.
state Treasurer Brian and family re-
turned this morning from a six weeks
trip into Colorado. where he learned TO
snare mountain trout on the run and
track deer and bear like a stag hound.
I'VE certainly got back home at Ghe
wrong time said the treasurer as he
gcared up the electric fan another notch.
1t has been so cool where we have been
hat We have used blankets at night and
frequently had to stay in the sun to keep
warm In the mornings. ] lost nine pounds
balking over the mountains, but can eat
lust three times as much for a meal as
did before l left and l can enjoy It,"
Problem for Excise BOARD.
The excise board is now up against a
proposition. It has passed a rule that a
transfer company cannot deliver beer to
a purchaser. But this transfer ompsny
can bring the beer into town and place
IL a, ,r.rahnuea than notify the DnT-
chaser. whp is permitted to hire another
wagon TO haul out his purchase. A local
club yesterday had 400 cases Of beer
shipped n. The steward Of the club went
down and employed a big moving van
and several men to help him unload 1t.
While driving down the street the outfit
vas stopped by a policeman, who de-
handed 20 know what was going on.
Whose wagon is this?" he inquired.
1T is mine for the day" replied the
steward.
Are these men in the employ of the
transfer company
They are IN my employ for the day"
replied the steward,
The police officer permitted the wagon
to move on after this, but Just what will
happen now when the excise board sits
on the case no one knows.
Incidentally, the police are enioined from
interfering with this club insofar as hand
ling drinkables Is concerned
state Fair Athletic Meet.
The state fair association will hold it's
third annual track meet at the state fair
this fan. The meet will be held on Tues
day September :. as follows: Weight
events, a p. m; field events, 5 p m; track
events. G D. m. Because of the anger
10 spectators the weight events will be
held AT an appointed place outside the fair
grounds. the field events will be held Ia
the circle OF the race track and the athletic
events will be run or the track in front Of
the grandstand.
The board offers the following Induce
ments to athletes: Gold. silver and bronze
medals to the winners OF first, second and
third places IN all events except the relay
race and the team winners in this event
will be given four gold medals. Contestants
are given admission To the fair grounds
on the day OF the meet and succeeding
days Of the fair. Out-of-town contestants
.sxin be given hotel expenses on the day Of
Z me meet.
This meet is held under sanction OF the
Amateur League Of Nerth America and the