Omaha daily bee., 1909-12-15
Nebraska
OCCUPATION TAX Is GOOD
Supreme Court Upholds Law Of Last
Legislature
TRACTION COMPANY PAYS UP
City sf LkaeoIa f. Ahead Some
Fifty Thaazand DoIlars by the
Payment Of Rack
Dues
I'm . statr cs-s.renssntl

F--u q STAR C-crreEuundeurN
LINCOLN. De u-Sp-aaLp-The su-
prs-e erurr hzs upheld the occupation
corporation TAX enacted BY the recent Ieg-
dsa---e The law provided 4 Ead-atsd
annual TAX On al corporations dong bua-
ness II Nebraska unless expressly EXEMPT
The Izw vas ar-acked By the Mercantile
I-corporatng eompazy q Omaha and the
Erie CITY Iron works Of Ere. Pa who
sued 70 recover back an occuPauon TAX
Pad By them under protest 20 Secretary q
state Junkn and 70 have TIE law de-
eia-pa -ccrsutuu0naI under which the
tax vas enacted The law vas upheld In
tha Lz1czsc=r district court and the deci-
sion vas affirmed by TIE supreme court
me au vas argued In beth courts by
Grant Martin deputy Attorney general
wbo appesrL for the state. whfe Joan J.
sullivan. ". ". slahaugh and John Bat
TN aupeared for TIE curporzcons- The
aw vas enacted b. the democratic legsla-
u1-z under the Impression thar il would
zfse approximately D0.9a annually for
ne state. There has been pad q ~
secretary q state APPROXIMATELY Sa@-
Ire law was assailzd on tire ground
lthar Il violated the constitution In lUpos-
M a Ak on francnsez Il was coutsrtad
that iris was a AK waich should be levied
under The c-onsa-uIou according 10 vai1a-
aon and not according TO the amount q
capital STOCK q corporations
NJ Martin ccursr6ed the tax vas not
4 TAX watch should be levied sceording 70
Variation tut Il was q TAX which might
Re fixed o. the legislature arbitrarily. &C
eor5inG % The capita stock q tha cOr-
pcra1ol
TIE opinion vas written by Judge Root
Two Separate Stations
The supreme court directed mandamus
10 issue to compel the Board Of Regsns
OF the university 70 locate and MAINTAIN
rEo sxp@riuenrzl stations in the sand hills.
according 70 the provisions q An ACT u
ltae late legislature. The law provided thar
the money should Be pad out q the uni
ve-stu temporary fund. ard the regents
ALLEGED this money couId not Be spene for
that purpose The court holds that II Is
TIE duy q The Board q Regents 70 obey
the El ot the legsslauu1- as expressed
Z these acts and that experimental sta
ions may Be lawfully maintained IN ccu-
uecuon WIKI the college q agriculture IL
the university. Judge R0ot wrote the opin-
ion
speed Law UpheIa-
Tie supreme court rad Affirmed r.
former opinion IN the case wherein WlbU
I Cram secured 4 Judgment against II,
,. BurlazEcu OF account q q violation o
the stock tain speed Law. TIE court hold
thzz Il Cram VIII remit 70 the rzflrOa,
H79 Of his Judgment Il VIII lot order
rehearlng. otherwise IL VII Judge Dezl
wrote uhe opinion Judge Barnes and Judg
FAxeezt Gssez-sG Judge Rose did 10
saL
John Holmes q Harlan c0uncySEko "a
: fined u1s fsr assault and battery, 90
: talned a reversal il the supreme cour-
Holmes ssuHe in his ON behalf an
rhe suprenne court holds that the lowe
cn1-t erred IN izstrzcting TIE jury that q
! 4 general rule the witness. who Is inter
ested IN the result Of a satr vii rot be a
= honest ean6id ard fair n his tssdm0u
b as one who Is not Interested
Ryan wins SUIT
TIE supreme cCurr has affirmed a t1dg
msnr OF the district court OF Lancazz
county quizrfng urIe % 4 portion q Woo
street il the CRY Of Lincoln in which Rot
err Ryan en5oined the CRY from inrerfe-in
with RS enjoyment q a portion OF II
street The city Won and M Ryan az
: pealed % the supreme court The CON-
holds that as Mr.. Ryan had not Oecupse
: the lard under 4 claim q right or asserrz
: ownership 70 II during q period OF L
= years, the presumption arising from IA
acts VIII be 0~vsrThruEn and his claims
title by adverse possession denied
= B0ehEer Makes Catch.
James wIrkA CT PraE1e was fined s
and costs for killing four quail whic
Deputy Game Warden BeohleF found
his possession NJ Boehler got on Il
. rack q W-ka several days ago al
e finally landed him wEa pleaded gulr
May sue BurIfnEton-
state Oh Inspector Mullen has ce-rSs
70 TIE attorney general that the BurinEC
owes his department. for ire inspe-
don q OIL done By his predecessor T
z asks the attorney general 70 decide vhethi
20 bring suit for the amount The tnspe