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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 8, 1904)
THE OMAHA DAILY BEE: SATURDAY. OCTODETt 9. 1904. RAILROADS WIN TWO CASES Tencical Taxation Cim from Otratt tud Eulo Sridra Ce Are Decided ip in 1 ADMIRAL SCHLEY USES PE-RU-NA IN HIS HOME, 7y 'Ml H,,M,','','t LAW IS DECLARED CONSTITUTIONAL IS A ft aareae Taart Bala that Leaislatare Ha Fewer ta Fravlae the P at yteaa af Makisg Aaaeasaaeata. . i V. fl.TSM-fc is ;-ti r "l 'i i' m a. i Vinton IVtlokU1 1 l ww a-x i i t V:tfrli r ! ', v. E 7-S f7EAYSYOU "TAKE P YOV TO 2?0 T f IS U ami TE 1.4 KG SVowv a 77tOM S - 2 All Oiihs, CALL FOR ANNUAL ELECTION axtbg Governor ilcGilton Sign Hii June to Official Document LINCOLN CELEBRATES THE LAUNCHING state Hoase Aaoat Ieerted aa Arroaat at AbwiN of Officials la Seattle aaa Else krrc IJX(XLN. Oct T. (Special Lieutenant Governor McGIHod this afternoon if-aued Lia election (irorlamation aettiiit; aalde ICovember t as a day vpr.n which the state candidates are t be toi3 for. Lificolc very appropriately celebrated the launciiiiiC of the bauJeship Nebraska this afternoon. ' Promptly at o'clock. th time the ehi into the water the old cannon at the ataie homoe was turned loose t'aht time, the Bur1ingion a histles and all other whistles brsan to hrik and gen eral bedlam he!d sway. A direct wire con nected ttie city of Lincoln with Seattle and Juf t as the mesaaKe waa flashed acrosH. the noif. begun. Captain Iavi of tha office of the adjulant gtnrral did the thootirg of the cannon. The Bilker Brothers Engineering company of Osneha filed aitlcles of fm-orporatjon with the secretarj- of stat this morning to do a priming and lithographing busi ness The capital auxk is fl-tr and the inncrpioralors aie the iven Baker broth-t-rs a lid Harry G. I'r.i-erragt. J. T. Mory-ka and .tl-rs of Crete filed articies of inootioratmn with the secre tary of rlate this morning for the Crete Grain and Live Brock association. The capital stock is Hi.. The state houfc hs the appearance of a staT yard tbeae aay. all of tbe state ".gfMJEVER EQUALED MSBY OTHERS. rf0Aljf QUAUTT HIGH 'Zl mE MODERATE miim0 TROUBLE S! alLIES, STYLEC FniCEasras .V:.laiX TO SUIT ALL CHARTEfK " ' HwaDaalarla YearTeww X 5 A frV"Sr CHARTER OAK k"SaT -s'iW STOVE AND RANGE COyr, C'. jff 11 I SUITSALE SSl y! ' r s ov AM TP ? S i" " ST n-zsE c7y - To -35-00 Alcohol-Morphine TOBACCO HABIT. ETC The oldest, safest and most reliable cure Communications Confidential. Reb, Cor. lots Lrvrwerth.Tel7li4 ft. BlUS.Mff officer except Mr. Follmer being at Seat tle and a majority of the deputies being cut in the Mate on business. Bookkeeper F12el of the office of the lard commissioner, Ieputy Auditor George Anthes, Insurance Deputy Pierce and Labor Commissioner Butb are in Omaha to take pert in the primaries as Is Bailiff Caieman of the su preme court. The affairs W Mate however, are running along: a usual with lieuten ant Oovernor McGilton making a trip dowa here between times to sirn pa,era. Farmer Foaaa Dead. HASTINGS. Neb.. Oct. 7. (Special Tele gram.) A ugurt Btrg. a farmer who for ten tears ha lived four mile south of Kene UT, waa found dead In tbe ssnd hills by a searching party at Z o'clock this morn ing. Coroner Perkln held an inquest at Kenesaw thi afternoon, the Jury' finding a verdict of accidental death. Berg wa C2 yc-ars old and had been selling produce at Kenesaw. The arrival of the team without a driver led to the aeareh which revealed the body. Arrested for Harse Stealla;. NORFOLK, Neb, Oct 7. (Special.) George Hart, aged 25. charged with steal ing a fine horse and rubber tired rig from Clyde Scott at Columbu "ast Wednesday, wa arrested here today and jailed. He drove the hore into town, but attached to an old wagon, for whkh he hid traded the rubber tired rig. Scott traced the fellow from Columbus to Norfrjk ly way of Clarkson and Leigh At cfnrks:n the trade for an old buggy was made. Hart claims to be from Johnstown, Brown county. Uaii istaarlsi la Price. YORK, Neb.. Oct 7 (Special i A few of the recer.t kales of land made in York county shoas considerable advance over the price paid ".ast er and the oldeat resident who predicted that farm land in York county were worth all that they brought a year agu. are now scrambling for farm at advanced price. LINCOLN. Oct. 7. (Special V-BotB the uthoriues of Rjthardao county and the members of the Omaha Real Estate ex change cf Omaha lost out in their fight In the supreme court to compel a higher val uation cf railroad property located in tbaar respective taxing dlrtriot as a basi for county and municipal taxation. The su preme court held in both cae that tbe law which provided for the valuation, cf railroad property being fixed by the State Board of equalization and distributed ac cording to the mlleag of the road waa constitutional. Tbe opinion held also that a depot terminal facliluaa bridge and ether structures that were a part of tbe railroad system were to be considered in the valuation of tbe entire tem. and 'hat the local taxing authorllle had c right to aaaeas thrm separately. Chief Justice Holcomb wrote the opinion in the Omaha caae and Commissioner Pound wrote the Richardson county derision, each following a former decimon of tbe court The taxir.g authorities of Rulo, In FUch ardaon county, attempted to assess the railroad bridge at thut place for city taxa tion purposes and upon btir.g defeated In the lower court appealed to the supreme court, where tbe decision of tbe lower court wa affirmed. The Omaha caae was an original suit in tbe supreme court for a mandamu to compel the city council to reconvene a a board of review and liFten to protect against taking the figures of the Stat Board of Loualixatton on the railroad ter minal property a a bais of taxation. The uit was brought by George Morton. W. G. Vre and othera in the answer of the dty council It was t out that that body had take-i the figure returned by tbe State Board of Equalisation, which, they held, was one-fifth of the -aluation of the Omaha railroad property, and multi plied It by five to make It uniform with the valuation of other property in Omaha This writ wa aiso denied. Tbe suit were brought under the old revenue lw, but as the new law is practically the same a the old law, tbe decision will apply in re gard to the constitutionality of the new law. The syllabus in the Omaha case follows: Syllabas af Oaaaha Case. 1. In the assessment of railway property for muniiipul purposes situated in cities of the metropolitan clfiss, such a is required to be listed mith and assessed by the ttate Board ol Equalization for general revenue purposes under tlie provisions of sections HH arid 40 of chapter TT, articie 1. complied statutes of 1X-1. as existing prior to the revenue act of jSK;2. it is made the duty of the tax commissioner or assessor of such city to accept the values of the fractionnl part of such railroad pmperty situated in the municipality as tbe same i valued and assessed by the State Rosrd of Equalization and apportioned to such city in accordance a.th the provisions of said act. 2. The proportional share cf railway prop erty as valued ard assessed bv the State B"3rd of Equalization belonging to and situated in furti city and subject to taxa tion for municijal purposes may be equal ized by the proper authorities of such city by lowering or raising the value of the same as thus ascertained mo a to bring about uniformity of valuation in respect of all property subiect to taxation within the municipality, i. It is competent for the legislature to provtae for the valuation and assessment of the property of railroad companies such as is required to be 1'sted and scheduled viih the auditor of public account by sec tions US sid 'i. chapiter 77. article 1. com Tdleri ctAlntet of m heretofore eTist. ing. by vne assessing body and for ascer- ; taming tve value or the whole or such ! rroperty of lav one railway corporation Fvbject to taxation in this sine es a unit or a an entirety and to distrfbtute the value as thus found over the main line or track of such railway company and to the different tsxing district, municipallUe. etc., on a mileage basis. 4. Such s scheme or plan of assessment and taxation of the property of railway compsr.'es as herein provided for state, county and municipal purr-oses Coea not violate the provisions or the fundamental tew commanding uniformity In the valua tion and assessment of property for tbe purpose of raising needful revenue by the levying of a tsx upon all property ub Ject thereto according to tls vaiue. Dlstrlbatloa of Yalae. 6 The valuation and assessment of the property of a railway company, as therein provided, as an entirety and the distribu tion of the value thus ascertained upon a mileage basis over the entire line of such railway doea not operate as a changing of the status of the property aseessed. Its effect is only to distribute the value of an organic whole to the fractional part situ ated in the different subordinate taxing dis tricts through which the line extends and in which the property is actually situated, which is a legitimate exercise of legislative power. fi In the assessment of railway property for taxation as therein provided It i com petent for the legislature to classify such property "and provide for the assessment of the same rs petsonaltv hp1 to fix the status of the propertv ass'ssed by providing for the variation of the propertv as an entirety and the distribution of the total value to each taxing d strirt according to the number of miles of main track located therein. i 7. Suid sections W and et as existing prior to their repeal by the revenue act of IftOS are not invalid as taking prnTwrty by taxa tion without due process of law - C. B & Q R R. Co against Richardson countv, Nebraska, followed Paragraph S of the syllabus has been In terpreted to mean that the city board of , review ha not the power to Increase the valuation of railroad property In it Juris diction or decrease It a it will, but that if the state board assesses on a fifth valuation r,d tbe city property is assessed t at Its cash value, then the board of review has the authority to multiply by five In order to make the assessment uniform. Itele Bridge Case. In the Rulo bridge case four objection were made to the plaa of assessing rail road property as prescribed by the stat ute- The first was tht "section 2 and 4 in legal effect exempt the franchises of railroad corporation from taxation and thereby violate section 1 of article lx of the constitution." The court held that thi objection was disposed of ufficlently in the case of tbe State against Savage in which the court held that the State Board of Equalization la the assessment of rail road and telegraph properties should In clude in It assessment the value of the franchise with the tangible property as sessed. In that opinion Judge Holcomb held that tbe whole property of any cor poration would be assessed In its entirety and in such valuation should include all element that go to make up tbe property, whether franchise or other Intangible property, real or physical property or per sonal property mixed. The next objection wa that tbe statutes provided different manner of aasesdng railroad property from other property and therefore the section 1 void because the uniformity clause of the constitution is violated. The court held tht the object of the constitution wa to have all prop erty bear it Just ahare of tbe burden of sate and that thi condition would not obtain were railroads assessed in each county by tbe assessor like a piece of ground or a lot. It bold that the railroad la county la a pert of a system and a auoh part 1 valuable. The court hold that the value is gives to a railroad in a county by It franchise, the connection la and out of the state and tbe fact that !? each county aaeeased part of the track, the result would not I what the constitution intended. -The court hold that it Is Lb result that taa to l ouoaid- ! I i t tc v... im i nimuli' .aakaa. VNE of the preatect naval battles in the worM nan tLe Fiht y Off trantiapo. Annada ha P more epoch- I tory in the onward march of civilization than in the notable event of July 3. 1 818, in which the reat hero. Admiral rfchley, tok a leading part. No patriotic citizen of the United States can fail to render him the homage due, and to accord him the glory so well deserved. It was a great naval battle. Without a moment's warning it began. Quick decision, undaunted courage, excellent discipline, resolute self-confidence these combined in Admiral Schley to produce that dash and daring so characteristic of the American soldier. A man must think quickly in these days. There is no time for slow action. New enterprises arise in an hour. Old ones pas away in a moment. A multitude of great themes clamor for notice. A man must take sides for or against by intuition, rather than by logical de duction. One day this fighting admiral. Pchley. happened to be in corn pa n v with I a n I others w h o were talking Mtttnirars Opinion en Pe-m-na. on varioug topics of jmpular interest. The subject of I'eruna was raised. its popularity as a catarrh remedy, its national importance, its extensive use. One asked his opinion upon the subject Without a moment's ered and not nfrt method by which yie re, ult 1 arrived it. The third objection wa that the sections in Question "exempts railroad property a s - seased by the Stte Board of Equalization from the payment of it proportion of the taxes levied for the support of the county, echool district and city, appellant In thi action, and thereby violates the rule of uniformity prescrined by section 1. article ix of tbe constitution." Tbe court holds that bridges, depot, water tank and other necessary structure along their right-of-way are a part of the railroad as a whole, and have no separate existence front that of the road. Apart from the road the court holds a bridge is Just so much Junk and to treat it as a separate entity 1 to take away its chief value. rUaaiaratlaa Is Leeal. A a fourth objection Jt was argued that tbe statute makes a classification not au thorized . by the constitution. The court holds the classification is made not by the statute, but by the nature of the subjects dealt with. They are intrinsically and fundamentally distinct and the legiilitura. which is giver, the power expressly to fir. tbe rood of assessment as it may direct, has adopted a method which ha been in operation many year and has been re adopted in tbe new revenue law and i reasonably calculated to meet the problem hand. The other objections to the statute were nrged by counsel, who appeared a friends of the court. The first was that it opera tei unequally and unreasonably with respect to the railroad companies whose tracks are situated wholly within one county, such, for example, a terminal and belt lire com panie. The opinion sayc: "The rgumert dvnced on thj ground, however, apply rather to tbe connituri-n-ality of provision in the several statutes governing municipalities, whereby the val uation of railroad properties for state and county purposes i required to be taken aa a basis of assessment in such municipali tlea made on a different basis than to tbe constitutionality ct the general statu tory provision with reference to mat and county assessments " The other objection waa "that the ttute doe not require that notice be sent to the companies assessed or to the taxpayers who might want to appear before the state board. The court holds that the statute fixe the time of meeting of the atate board, that public meeting ars held and that this is sufficient Clly Altararr View. "So far as I can learn," said City Attor ney Wright "the upreme court decision in tbe Rulo bridge case and the Omaha Rail Estate exchange case are directly against tbe contention of the city and the citizen here who have endeavored to prove uncon stitutional that part of tbe law requiring local taxing boards to accept the figures of the State Board of Equalization on rail road properly. Our fight in the federal court, however, to compel the railroads to pay a proportionate ahare of taxes on their Omaha terminal is by no means set tled, although the opening there is reduced to a very small one. I Intend to have a conference with Attorne) Baldrige and Breen at once, with a view to pressing tb case in the 1'nited States court "One of our chief hope here Is a ruling of the I'nited State supreme court that where the value of terminals are litspio portionate to the remainder of the road tbe mileage system of valuation does nut necessarily arply. At any rate. I tlilck the caae will be pushed to a definite con clusion. I understand C. J. Smyth will file a motion for a rehearing In the Rulo bridge case and Mr. Maboney tbe same In tbe Real Estate exchange vase, but I do not anticipate results from these, and regard the supreme court decision as final. It bear upen tb fight cf tbe city be cause practice 11 y the same questions re involved end it has been tbe practice of the federal courts to accept the state su- W ' . S. W Ww.'.' . H . . j, -A V- -- -. 1 ex, t x. v ' -MfcHir' Bfr i "miiili rrniii in BATTLE OF SANTIAGO. WHERE Never since the dispersion of the Spanish A Historic Naval Battle. "atTi preme court's interpretation of the laws of its own commonwealth." j THREE PRISONER BREAK JAlb Mea A era sed of Crimea at Beatrice Take Saddea Lesve of Officers. BEATRICE. Neb.. Oct. 7. r Special Tele gram 1 John Eddleman. Jack Fccto" and William Dugan broke jail here last night. Eddleman was being held on a charge of robbing a store at Ellis recently snd the other two were serving time for petty larceny. The Beatrice bloodhounds were placed on the trail of the fugitives this morning and the officers be live they will succeed in running them down soon. seatearew for Assault. BASSETT. Neb.. Oct. 7. Special Tele gram.) Judge Harrington held a session of court here this morning at which Wil liam Nieter entered a plea of gul'ty to the charge of statutory assault and was sen tence; to three years and six months In iwn iuip ill nil Hi in. mill in i j uinsiiiiiiiij - , - l PJJ- Fall Clothing on 471, Of course you know we have '4'i. ; ,ijialil U jMSk." 'is . - 4 IP' SltaaT-- i&'V datattii . " i aa, vt.o-'.ir! ""-4 ADMIRAL SCHLEY MADE HISTORY. hesitation, he said: "I can cheerfully say that Mrs. Schley ha taken Peruna and I believe with good effect." Such was the tes timonv of Admiral Schlev. Like the battle of Santiago, the thought wa sprung upon him without any warning, and he disjosed of it with the wme vim and decision as he did with the Spanish fleet led by the ill-fated Viscaya. His words concerning I'eruna have gone out into the world to be rereatei by a thousand tongues, because he had fcaid them. Like the news of "hi victorv over Cervera. his words concerning rr",":";:! UaMV VH Carry Weight, fc"!." from mouth to mouth, across oceans and continents. Except for an inborn manly independence, in a country of free speech, these words never would have been uttered by an officer occupying such a notable position as that of Admiral Schley. Except for a world-wide notoriety and popularity, such ass Pe runa enjoys, no remedy could ever have received such outspoken public endorsement by such a man. Ilis signed statement appears as follows: Washington, D. C. Perunn Drug, Co., Columbus, Ohio: Gentlemen "I can cheerfully state that Ars. Schey has taken Peruna and I be lieve with good effect. " V. S. SCHLBY. the penitentiary. He was arresteS about the middle of August, and not being able to furnish hail, has been in the county Jail since that tim At the opening of court, Octoter S. he plead not guilty and the case was continued to the 12th of thi month He confessed his guilt to the sheriff and county attorney since the case was con tinued and wa sentenced tonight Nieter is years old. The girl is 16 year of age and is a sister of hi wife. !TER OF PETER CELLS IS WEED laslsts Brothers serare Her Share f Estate. TECfMSEH, Neb., Oct. (Special.) Peter Sella the great circu man who died of apoplexy at hi home in Columbu. O., yesterday leaves a sister in Tecumseh In the person of Mrs. John Robinson, a widow. According to Mrs. Robinson story she. with the other members of tbe family. Inherited a large estate left by their father many years ago. She Bays the showmen. Sells Brothers, got the money and she wa Credit Clothing business. Ve have ma U ututij. vut ittiua uite uku uium Kcacruus, vaue loo Quality and Style of all our garments is well known as M super ior the city over. Add to this our Free Gifts to our customers of $100,000, and it is hard to see how any other Credit Store has any claim upon the trade of intelligent people. Come and see th? Free Gifts of Silverware, Jewelry, Watches and other worthy articles we are giving to Your Credit is good. FURS ON CREDIT Our Ft.; w. stock of Furs ts admired ty every visitor. Come and pick out your Jacket, Muff or Bos and we will lay it aside on til yon vant k. Our prices are la many cases lover tfcsn any casb store. . LADIES SUITS snost popular- ,lar Ooalitirs that we guar- men aslowattbalowekt...flU MEN'S SUITS &Z'SSS?XZ!i rwi...: $750 to $23 Ask for Tractlaf; Coepesi WOMEN'S DETAITMENT ftnCsais Mis $? KiUiaoy J t If Sslk Skirts to f CirU' Coats 3 I 7 Laiies Sheet 2 to 4 1IFVS DEPARTMENT Mea's Tappers fta to SIS Hea's Tiwascrs.... 2 ts 7 Nea's Bits 1 to S toys' Sorts J 54 ss Hea's Ss Ui to J o'U w . "TtJlla" . i cx. g . ignored and has been to thi day. Some few year ir she betron ault against tha Sela brother to recover ber possessions. j leaving the matter In the hands of a To- cumse-h lawyer who, at about that time met with (Teat reverse and left the coun try, losing sight of ber suit The woman ha held to this story for years and can toive much history of the Sella family. ha is very poor and live almost in destitute circumstance here. At one time whan the Sell circu vlaited thi city a number of year ago, Mr. Robinson, who waa then living, hi wife and son. Charles, were riven the courtesies of the entertainment and seemed to be entertained by the Bala brothers personally while on tbe show grounds. Hotel Raba-eel ( Cash. SIDNEY. Neb., Oct. 7. Speclal Ta'.e gram.) Tbe safe and cash register at tha Union Pacific hotel were robbed late last night of fl&O. The thief 1 supposed to b the night porter, who skipped out of town and has not yet been apprehended. Credit I alwtys been the leaders in the always sold at lower prices our customers t . - marena.it that an in,. f 508 Dodge Si, bp ,1 h a m