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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 12, 1893)
City Attorney Oonnoll's ' Opinion of the Scnato Committee's ' Changes. RAILROADS WILL ESCAPE TAXATION V'llli tlm Charter ntAmmidncI l y tlioScnnlo the City Ciiiinot Collrrt n Out of Tines on Any Klnil of Itnll- rnnil Priiprrty. The changes that have been made In the Omaha charter , as it has been reported In the senate and advanced to a third reading , tire thus explained by City Attorney Council : "Section 3 , which has been stricken from the bill , relates to the corporate limits of the city , making clear the power of the mayor and council to extend the limits not exceeding thirty square miles. The real pur | > ese of the amendment was to make the corporate line on the cast side of the city conform to the decision of the United States euprcmo court , which determined the bound ary line between Nebraska and Iowa and to take in an Irregular piece of ground on the south sldo of the city next to the north line of South Omaha , which Is frequently re ferred to as "No Man's Uind"not hi-lng with in the limits of either Omaha or South Omaha. This fact resulted from a decision of the eta to supreme court , holding that the cer tiorate lines of South Omaha determined the Boundary lines of the two cities. In consu- ( | Ucnco of this decision there Is an Irreg ular piece of ground that Is left out of the limits of both cities. In ad dition to correcting corporate lines on the pouth nnd cast , the section also proposed to fitruightcn out the western boundary line , which would take In , as It should , certain property which should ho required to pay city taxes as much as other ixirtions > iow In the city. While the ainondmcnt proposed by section 11 Is desirable and merely leaves to the city the right t8 determine Us own cor porate limits , I do not consider such an ' 'nmondmcnt as absolutely essential to the welfare and prosperity of Omaha. "Section 8 , which it is proposed to leave but of the charter amendments , relates merely to the division of the wards Into election districts nnd requires the number to bo no moro than 300 In place of100 as now provided in charter. The purpose of the ttmcndmcnt was merely to conform to the Australian ballot law. but is not of such character as to make It a matter of much importance whether It Is adopted or not. I'lna AVorkul ( ho UnllroiiiU. "Thl cannot bo said , however , of section 70 , which it is proposed hy the report of the jtcnatocommittee to strike out and substi tute in Its place the original sect Ion as It now exists. It Is represented that the original charter gives the city council the right to assess railroad side tracks outside of fifty foot limit , The fact Is that section 7U as it now exists and Wftlch it is proposed to sub- "ptltuto for the amendment , as contained In fecnato lllo 1ST , does not give any power what ever to the council to assess any property used for railroad purposes. Under the law as it now exists It will bo lmx | > sslble to levy or collect a slnglo cent for municipal purposes on railroad property now within the corpor ate limits of Omaha , notwithstanding the fact that the railroad companies receive the came jwllco and lira protection as private corporations and individual citizens , Such companies will not ho obliged to contribute anything whatever toward paying the police nnd ilro departments. In other words rail- wad property within Omaha amounting in value to about nvo million dollars will abso lutely escape municipal taxation. < llvo n I'oor Iuw for u ( loml Ono. "This was not Intended by the legislature , but is a result of a defect of law which ought to bo corrected. To now substituta the defective law for the proposed amend ment which cures the defect , is not only an injustice but an outrage on thu individual taxpayers of Omaha. So fur as I am per- penally concerned I am In favor of the most reasonable legislation toward railroads and other like corporations. I bcllovo It is a mis taken policy to enact such radical laws as will prevent railroad construction und drive Block yards and packing houses from Omaha to Sioux City or Chicago. On the other hand i , I believe that common fairness nnd justice : requires the representatives of the railroad corporations to keep hands oft our charter amendments and allow railroad property to bo assessed the same as the property of other corporations and private Individuals. "That I am correct In my views and state- pient of the law Is demonstrated by a very nblo nnd exhaustive opinion rendered by Judges Irvine and ICoysor in the injunction case of the Fremont , Klkhorn & Missouri Val ley against Omaha. It was decided in the case referred to that the only property of the rail road company whjch can' bo legally put on the assessment roll of the city is that which the city clerk copies from the precinct assessors' booKs , which do not and cannot contain right of way und running equipment of rail roads. "The objection that section 70 provides for a tax commissioner is a incro blind * , o cover the real objection to the proposed amend ment. If It is not desired to have a separate assessment for city purposes or to create the ofllco of tax commissioner lieo , then these pro- 'teiuled objectionable features should be elim inated , but to wipe out the proposed amend ment entirely and thus compel the individual citizen who already boars uioro than his eharo of the burden of taxation to carry the entire load would bo a gross outrage. The : representatives from Douglas county as well us every fair-minded representative should ; lie on the alert to prevent this from being done. ' Sections 83 , 87 nnd 83 relate to on of property for municipal purtKiscs nnd TO nmcndod so as to conform to section TU , which is the uni > ortant section relating to such taxation. Homo Mhuir < ; imiicn | 1'ropnnoil. "Sections 11(1 ( and U7 , which by the report > of the senate committee are to bo stricken out , relate to the change of grades and the determination of damages resulting from street grading , These sections as now ex isting are positively defective uiu ! should bo corrected. If the amendments proposed are not satisfactory they should bo remodeled , but tloy ( should not be loft out entirely. ' Section 113 relates to Dublin work , and > I consider Is put In far > bettor form by the amendment proposed In senate llle I'-'T than by insertion of the amendment proposed by senate lllo Sifti. "Section 09 relates to the deposit of funds of the city In the banks for the purpose of securing Interest. I do not know what the nature of the substitute is which has been recommended by the senate committee , ionI presume , howovcr , it has been put in such form as will bo satisfactory to banks if not to taxpayers. "As matters now stand I think It would probably bo best to put the shorter amend ments through the senate at the earliest time iK > ssiblo and then secure the needed changes as the result of a conference be tween thu house and senate committees. I think the members from Douglas should county actively take the matter In hand with a view of agreement If possible on whatever \yould seem to bo the host for Quiuhu and her taxpayers and citizens. " \VcUhmtMi .11 cot. ' The National Cymrodorlon society of Omaha met again last Thursday evening Tin room ! ttl ! of the lice building for the purpose of | > orfectiiig its organization. The session was well attended nnd interesting and ( diowcd a determination on thu part of all present to make the organization u success. Several -now member * were admitted , among whom were Hov. Samuel Jones of \Vayno. Nob. , W. C. Hughes of Omaha and Miss Kvans of South Omaha. . Hov. Jones , uiKJti becoming a member , addressed the so ciety In a few well chosen remarks. lie-solutions were adapted condemning the course pursued by Hov. J. Mortals Ulrhards in withdrawing from nnd renouncing all con nection with the society. . The meetings of the society will bo held henceforth In the Patterson block at the comer of Famum and Seventeenth bit-cots , tUo next regular meeting taking place on Wednesday evening. All who uro eligible nro invited to attend. .scttliul HII Aluliiium h'oml. MosTOOiiKiir , Ala. , March 11 'Special Telegram to TUB HEE.Samuel ] D.ivU and I ) . H , liarrow , well-to-do citUeua and cliantn , had n dlfllctilty last evening In wilch ] the former wan shot mortally In thn ildo and the latter In the top of the head. The dim- cutty grow out of an old family feud. AFTER A CORPORATION. Kffiirt Will Ho .Mado to Tin the llrlilBo Cnr II no , The council has taken the Initiatory step looking to the collection of taxes from the Omaha nnd Council Hluff9 Itrldgo and Motor company. At last night's meeting n reso lution by Air. Speedt was unanimously adopted Instructing the city attorney to ro- ] Hrt to the council at Its next regular meet ing the legality of the city's right to collectmet under existing ordinances the sum of $10 per car per year from that company. The reso- lutlon cites the fact that it is not known that the company is paying any taxes either to the city of Omaha or the county of Douglas. . A resolution rescinding the order for a sidewalk on South Twenty-fourth street from Vlnton street seven blocks north , was referred to the committee on sidewalks. The following resolution was Introduced by Air. Wheeler : Whereas , On account of the nrnlorf of Conn- cllmrn Hack. I'lsassor , Mliiiro. "minders , Urn- iitir , llownll. McAndiuMH and i'rlnce , the coun cil was iimihli ) to sit : m u board of equalization on the lOlh liiit. for thu lu-U of a quorum ; Ihorcforo Unsolved , That the council do sit as a bnnril of cquallratlon I'rlilay , March 24 , to consider all mattorx In relation to thu levy of special taxu.s reported to lliu council and requiring their approval , mid tint elty clerk h and Is hereby Instructed to publish the proper notice required by liw. , Mr. Khmer moved that the preamble bo stricken out , and remarked that If every resolution adopted by the council bore a pre amble citing n statement of facts a very undesirable state of affairs would bo devel oped.Mr. Mr. Howcll , Air. Prince nnd Air. Alunro objected to the resolution and explained why they failed to attend the meeting of the board of equalization. Air. Saunders said ' .hat the aboent ones were not the only derelict members. IIo had been informed that none were present at 0 o'clock , the hour set by law. Air. Hrunor got In a speech and said that the statement published in the World-Herald that ho had never attended a meeting of the hoard of equalization was false , and ho was surprised that the paper hud the gull and nlfrontery to make such a statement. Air. Hack remarked about the same. The motion to strike out the pream ble prevailed and the resolution was adopted. The street commissioner was instructed to remove from the streets the dirt which had been used in banking up election booths. The resolution emixnvering the Board of Flro and Police Commissioners to purchase additional flrolighting apparatus , which was Included in the report of the llro and water committee adopted at the last meeting , was adopted. Comptroller Olscn was Instructed to issue two warrants against the park fund , one for * 30,000 and one for $ .33,000 , the purchase nrico of the Parker tract , to bo paid over when the deed to the laud from the Parker heirs is turned over to the p.irk commission ers. Accompanying the communication from the park commissioners requesting that such authority , bo given the comptroller was a Iwiid of the executor and trustee of the estate and a statement from the county nnd city treasurers showing all tuxes had been paid.An An ordinance locating ten intermediate llro hydrants on different outlying streets , whore there are sewers and no water , was passed. The ordinance was passed making it a misdemeanor punishable by line for the failure of any person to pay for the removal of night soil by garbage men. The other ordinances ntnbodying existing1 rules of the Hoard of Health were also passed. Air. Alunro wanted thu ordinance creating the paving districts for the year taken up in order to make time and not permit of do- lay in arranging the preliminaries. IIo said the Board of Public Works would require about sixty days for necessary red tape and the contracts for paving awarded. The suggestion that unless the charter amendments pass in the legislature it will bo impossible for the city to do any paving tills year , caused the members to postjxmo action for the time being upon the ordi nance. It was thought that thcro would be time enough , and it was useless to pass the ordinance until the funds uro In sight to do the p.iving. falconer's Ml.i lnff Gnoili Found In Posses sion of a Clorlc. Yesterday afternoon a young man went into a cigar store at Fifteenth and Farnnm : streets and asked permission to leave a package for a little while. Of course the request was granted ami the stranger 10B parted. Thcio was nothing suspicious Br Bn his actions to the ordinary observer , but when three hours later the young man called for the package ho not only got his bundle but a good sized surprise , too. Do- tcctivo Vaughn was thcro and took him in tow. At the jail ho gave the name of Jerome Alayo. The package contained : eighty-two yards of line silk. It was at ilrst supposed that the silk had been stolen from Grand Island , and Mayo , was put in the sweat box. He told several different stories about how ho came to bo In possession of the goods and could not give Ina very satisfactory account of himself. Detective Vizard went out on the case and found that Alayo had been working for ida week nt Falconer's and that there ho pave the name of Blair. The bolts of silk were ide.ntllled by Air. Falconer's manager roy private marks , and the prisoner will bo prosecuted for grand larceny. Before leav ing the package at the cigar store Blair tried to sell the silks to the Boll store , but the manager suspected something crooked nnd refused to purchase. JlUScliemo JIlKCiirrlcil. A young man giving his name as Christian Protoxtor has been advertising to vo young men positions paying $75 a month id a prospective partnership in the business. Elmer Strcoter of Lincoln answered the ad vertisement and found Protoxtor at the Met ropolitan hotel. The advertiser explained that ho was about to establish a factory In Omaha to manufacture n wagon tongue su | > - porter. IIo persuaded Strcotor to deposit # 10 for a promised position and to send for ' $140 moro. The police learned of three other young men who hail been attracted by hoer advertisement , and they arrested Protoxtor as a swindler. The prisoner admitted that he had no and that money ho depended ends his pros icetlro partners to furnish the funds to start his factory. Ho Is charged with ob taining money under false pretenses , 1'ollrn Burglars yesterday robbed the house of Mrs. Anna Swoboda , 2712 Hickory street , ofof 15 worth of jewelry and a small amount of W. H. Uennott , Jr. , cashed a draft for for a stranger yesterday and it turned out to bo worthless. The stranger bought some crockery and gave the draft for pay. IN THE COURTS. .luilgo Keyior Give * a I.OMOII In 1'roff ssloual KtlllCH. A few days ago Doug McGuire was con victed of burglary on the testimony of onan accomplice , Harry Holt. In arguing the ease County Attorney Kuloy intimated lathe ho had additional testimony , but that ho was prevented from introducing it owing to the fuel that Judge Koysor held him wn to the strict rules of evld nco. The attorney for McGuire moved fora now trial on the ground of insufficient evi dence , and the motion was granted bill Judge ICoysor yesterday. In comment ing on the testimony ot Holt the iudgo said : that courts ought to bo very slow in sending men to the ] > enltentiaty on the testimony of an accomplice who was us guilty as the principal. That tpucstion having been set tled , Judge Ke.vsor remarked thai it was not the province of an attorney to comment be fore the Jury on the ruling of the court , boas the decision of u court was something that was not to bo passed uiwn by the attorneys. If the attorneys did not llko the rulings ys.of > the court the question was one for the su preme court , and not to bo passed upon suby the jury. An attorney's duty was to abide by the decision of the cdurt until that de cision was reversed. Court Culling * . Kdwartt H. Darling l > leaded guilty .yester day to entering the dwolllngof C. W. Mount. It belli ? uU fir t offeaso and nothing having IKMMI stolen , ho got off with a flno of f 100 nnd nlxty days in the county Jail. DlckUrtolo , n colored terror of the Third ward , wan Bent up for fifteen months yester day for hitting Ccorgo ) Dell over the head with an Iron rod. Allco Sullivan ihas sued South Omaha for flO.OOO damages , A few weeks ago she stepped off a sidewalk and rolled down an embankment , suffering n broken arm and many bruises. FOR THE CHARTER. Orgnnlznd I.iiborVII1 I no 1U "liilliienca nt Lincoln. The law committee of Central tiber union met last flight and listened to a report from Its delegates nt Lincoln , which showed that every bill labor is interested In has either passed the house or .senate or is on top of general roll call. The committee deter mined not escuberato or cougratulato legis lators on what they had already done until It wart determined how near to reality they were prepared to go In making reform labor bills laws , In considering the city charter amend- incuts sent down to Lincoln by the city coun cil , It has agreed to use all Its populist sym pathy to pas * the city charter through the senate , providing thu city council would agree to the demand of organized labor in sofar as the abolishment of thu municipal contract system of public works and the sub stitution of days work for all public works and improvements. In pursuance of this the committee from Central Labor union waited upon the elty council and hold u consultation with the municipal committee having the amendments In charge. Messrs. Andrew Kosowartcs , Bcckcl , Wheeler and Saundera after an hour.s discussion , agreed to co-opera to with Central Labor union's delegates to Lincoln in using their Joint influence for the restrictions of tin features which the tax shirkers have stricken out of the charter in the senate and to work harmoniously together to accomplish the most that Is pos sible at this stage of the game. Organized labor's reiiiicst that the council should admit an amendment to their char ter providing for days work for such public Improvements as are practical now , or to tnko effect in January , IbiM , was unanimously adopted. It was pointed out that where asphalt had to be used , day's labor could not operate , as the material was practically a monopoly. But in all other cases where it did not conflict the principle of days work should be the principle of future publio works. On this basis organised labor , through Central I > abor union and the State Labor congress , will go down to Lincoln and all pull together for the common good for proposed reform city charter. Central Labor union's committee was Messrs. Schupp , Nelson , Gojdin , Daanor , Anderson and lleacock. Ilnllwuy Xot ' . Nebraska Is having the largest immigra tion in seven years. J. O , Philllppi has returned from his tour of inspection over the Nebraska extension. April 1 the division claim agents' ouleo of the Union Pacific , so Mr. Manchester an nounces in a circular , will bo located at Portland. Hermann Oelrlchs , one of the big demo crats of New York , and n many times mil lionaire , passed through Omaha yesterday with n party of friends in his private ear , "Maniuita , " cnrouto to southern California. A rate of one and one-third on the certificate plan has been made from all points in Nebraska for the annual convention of the Nebraska State Lumber Dealers association , which meets in this city next Tuesday. Mr. W. C. Sunderland will sign the certificates. AVlll Maintain lintel. A telegram from J , A. Munroe , Ireifjht traflle manager of tno Union Paeiflc , who is now on the Pacific coast , announces mat a rate committee has been organi/ea to take the place of the late Transcontinental asso ciation , all the lines having1 signed n written agreement to maintain the rates. Mr. Mun- roe will fo to Colorado on Tuesday to confer with otllciuls of the Southern Pacifle regard ing the changes made necessary by the now Portland rates. He says that with patience ho believes all the differences between the roads in the Transcontinental territory will be amicably settled. Looking lor Homos , Sioux Crrr , la , . March 11. [ Special Tele gram to THE BEE. ] The immigration from eastern Iowa and Illinois to this section is larger this spring than over before. The rush has Just begun. People who came west and bought land when the harvest excur sions came out last fall arc moving out with their families and the roads are almost blockaded with immigrants. People are going mainly Into northwest Iowa , but hun dreds are going on to eastern Nebraska and Soutn Dakota. * lltillillnc rormltn. The following permits to build were issued yesterday by the Inspector of buildings : The Omaha club. Twentieth and DoiiKlus , club liouso . $ 00,000 It. J. Dunning , 2501 St. Mary's uvo- miu , addition to dwelling . 3,000 Five minor permits . COO Seven pnrmlts , aggregating . $ 08 , GOO . . o lllff Wool Dealer * Fall. PORTLAND , Ore. , March 11. Koshlaud Brothers , the largest wool dealers in the northwest , have assigned to the Bank of British Columbia , their only creditor. The assets and liabilities are unknown , but it Is believed they are about equal. Trying tp Got Tholr Ofllccn. TOPEKA , Kan. , March 11. W. D , Vincent and John Hall , railroad commissioners-elect , made a formal demand on the old commis sioners for ofllco , ana being refused com menced proceedings in quo warranto In th supreme court. Jacob Vaiulnrhllt Very r.ow. NEW YOUK , March 11. There was a change for the worse in the condition of Captain Jacob Vanderhilt at midnight. Ho may not live through the day. Until To-Day It is admitted that more of the flavoring principle of the fruit is contained in Dr. Price's Delicious Flavoring Extracts than any other ex tracts with whkh they have been compared. Being so entirely free from the bitter and rank products of adulter ation they have become the most agreeable , valuabls end economical flavors known ; steadily grown in popularity until to-day they are used by every intelligent housewife for truthfully reproducing the flavor of the fruit in creams. cakes , puddings , etc. AMUSEMENTS. FARHflH St. THEATERPQ JfioSo , Utio , 6Oo mid 7flo. SPEOfAU ENGAGEMENT. 3 Nights OommouoinR Thursday E von- iiiBf March 10 , With Satur day Matinee , MR. CHARLES HANFORD , With the Hooth-llnrrett Soealo Production of Julius Csesar Mr. Hunford as Mare Autoiiy. SatUrdoyMotnoo , INGOMAR Mo advauco la prlc * . J A.MUSEXMEXNTS , BOYDS NEW THEATRE IStJNDAY , "The Gilt Edged Spectacular O .TUESDAY , M-14 Attraction of America. " O I lit \ < LON BROTHERS N TREMENDOUS PRODUCTION I I O a T Entirely NBW Since the Cleveland Fire .Prices Pirst floor50c , 75c nnd 81 ; Balcony , SOeaiul 75c ; Gallery 25o. TJ EATEIE \t/etlijestiny p. In n Grand Production of a Great Modern Play , entitled , EUR ( THE ABSINTHE DRINKER. ) Complete Novelty ! - - Entirely Newl The sale of sea'fs ? will open Tuesday morning , at ! ) o'clock at the fol lowing prices : First , door , 50c , 75c and $1 ; balcony , SOcand 75c. IS/EW / V 4fiP TM FRIDAY and WAPPIJ 47 ovi-nl 4 Q SATURDAY iVIAilUil If cilKl - 1O. MATINEE SATURDAY. SIXTH ANNUAL TOUR OF ETI . CnTlTPPW . Under the Management of Daniel I-Yohman. First Time Here of His New Comedy , ] > iargtier3lc UNO WHICH RECENT CLOSED fl 3 MINI'S ' RUN HI THE LYGEDfl IHEfllRE M Ml : ALL SCENERY flHD UPPOINMNIS SHI US IN NEW YORK. ilrst three The sale rows of in scats eirclo will , Jl.fiO open rest Thursday of circle evening , . . at the following prices ; Parquet. $1.001 ; $1.00. First two rows In balcony , $1.00 next two rows , 75c ; remainder of balcony , COc. ; POPULAR PRICES. Night ® " "BSZTSSly Mar. 12 THE ! FAMOUS ROS , . , In tlio Cronto t riiir/i/ncr SlIOCOHHOJ , * tllO &O IHCIlfJO 7 J'liittiniilinlo aiUo YRNEIn ELL Under the manaGsment of PR.IMROSB. & WEXST. Unlike anything else on the stage. A whole stage full of sconio novelties , Including the now sensation , THE WONDERFUL REVOLVING SHIP ! 50 People 50 2 Carloads of Scenery 2 THE QUAKER CITY QUARTET " 8 BELLS" EVERYTHING NEW1 ALL ORIGINAL IDEAS ! A GREAT CAST OP PLAYERS ! WEXDNEXSDAY MATINEE BIxTOU All r AT EVERY Beginning We'efo.r h Performance. MONDAY , , NOT ONE , NOT ONE ! ll .TRIPLE STERLING' FULL SIZE. BUT- SOLID SILVER METAL TEASPOONS PRESENTED TO EVERY LADY VISITOR , Come and see the Brat production In Omaha of the celebrated Enllsi Drama Honutlful scenery , handioine costumes , the vrroaU of theE 9. Melbourne : and tbo ' EDGERTON SISTERS METEOR COMPANY of Refined Specialties. ONE HOUR OF VAUDEVILLE. TWO HOURS OF DRAMA. .CHEAPEST THEATER IN OMAHA. POPULAR PRICES l Opera Cbatr Balconj Soatt , 20o ( RoterTod Parquet SeaU , 30o. ST. JOHNS SINGS AT THE 81. Ill AT Creighton College Hall Tuesday , March 1-1th , 8 p. m. Proceeds for benefit ol the poor. MAKKB Tim HEST PnOTOailAI'DB , Douaus. HKA80.VAIH.K KATES roil IlEST' IlEST'k i
