Tin: Omaha paily hki:-. satt'kday, hkckmukk in. 1002.
?
i
n
OHESIKJX OF JURISDICTION!:
LirrjtT foi Uiloa Pacifio Railroad Baisei it
Ejforj Board of Keriew.
I SAYS CITY MUST TAKE STATE'S FIGURES
Oenles Aathorlty olTn Coniailseloner
., or Board of RTlfi? ta Assess
""' K.llroaal Property aa Other
Froprtf Is Assessed.
Tetlerday u railroad day lth the Bpard
f Review, and the entire morning i occu
pied with to affairs of those corporstlons
Kgalact hoM assessments complaint bad
.teen made by the tai committee of the
Real Estate exchange; or, more properly
(peaking, by George T. Morton of that body.
In the response to the citations served
upon them the railroad companies haTO
up petrel by their' respective attorneya to
object to th Jurisdiction of the board, anJ
it WES put op to John N. Baldwin, counsel
fcr the Union Pacific, to make bis position
on that point very plain and emphatic when
he T7ss requested by Attorney J. H. Mcin
tosh, for ths Real Estate exchange, to be
sworn aud answer questions as to the pres
ent value of different portions of the rail
road property as compared with Its value
In yeirs past when sworn testimony was
Given in the Cnltcd State courts by the
ofScers of the company- Mr. Baldwin con
sented to be sworn, but as each question
T.as put to him he declined to answer It
on the ground that he waa there simply to
contest the authority of the' board to fix
the ossessment of the railroad company.
When the appointed hour of 9:30 arrived
T-Tr. Baldwin was on hand to represent the
Interests of the Union Pacific company
and B. T. White those of the Chicago, St.
Paul, Minneapolis Y Omaha road. When
Mr. Mcintosh arrived a few minutes later
Mr. Baldwin atated that he had merely
appeared specially to take exception to tho
Jurisdiction of the board in the premises
and filed two typewritten documents which
he said he waa willing to present without
nrzument.
Contention of Itallrnada. .
One of these documents was an objection
to Jurisdiction and the second an objection
to jurisdiction and answer to the com
plaint In the case filed by George T. Mor
ton. The first mentioned Is addressed to
William Fleming, tax commissioner of tho
city of Omaha, and the Board of Review
and reada as follows:
Union Pacific Railroad company specially
appearing for the sole and only purpose of
objecting to the Jurisdiction of this board,
Protests that your honorable body has
no Jurisdiction to make any assessment or
valuation of any of the railroad and tele
graph llnea of Union Pactne Railroad com
pany, Including Its roadbed, right-of-way
and superstructures thereon. Its main and
tildo tracks, depot buildings and depot
rounds, suction and tool houses, rolling
utock and personal property necessary for
the construction, repairs and successful
operation of such railroad and telegraph
Ines, and rives you to be Informed that
all of Ita said property located and situated
tn the several counties In the state, Includ
ing lta said property In Douglas caunty as
well aa Its property within the city of
Omaha, waa by It. duly and in proper time,
returned by a verified return to the auditor
ft pubUo accounts of the state of Nebraska
for assessment and taxation aa required
iiy law, and that all of ita said property
was thereupon duly and lawfully valued
and assessed by the State Board of Equali
sation of tha state of Nebraska, and that
the value of each mils of Us said railroad
and telegraph line hast been by said Board
of Equalisation determined In the time
and manner required by law, and that an Id
valuation and assessment so made and de
termined by said Board of Equalisation has
been duly oertlfled by said auditor of publlo
anoaunta to tha rountv olarka of the several
counties . In which said, property of the
Union Puolflo Railroad company Is situ
ated and located, showing the owscsBinent
tier mile so made on said property of the
Union Paoiflo Railroad company, specify
ing the number of miles and amount In
each of said counties, Including Douglas
county. Nebraska.
Thai tha duty of the tax commissioner of
the city of Omaha was and la to take the
asaesnment and valuation of said railroad
property within the city limits of the city
of Omaha from the returns made by said
Htate Board of Equalisation to said county
clerk of iKtustlaa county. Nebraska.
That neither said tax commissioner nor
the Board of Review of the city of Omaha
have any Jurisdiction to assess or value any
of the above described property of. the
Union 1'acJnc Kailroaa company.
Ths second paper filed by Mr, Baldwin la
fundamentally similar to the one quoted
above, but broader In Us acope in the fact
that It deals specifically and In regular or
der with tha different complaints comprised
In tha petition of Mr. Morton.
CsuatBtavny Makes Aae Denials.
Tha earns Hue of argument Is followed
In regard to each of 'the six complaint of
tha petition of Mr. Morton, the return to
tha state board and assessment by that
body being la each case apeclflcajly alleged
and tha authority of ths Board of Review
la each case denied. In dealing with tha
last ooxnalaint tha company denies that
tha vaJue of its grounds, warec oases and
machine shops referred to in that section
Is tha mam af 1800.000, and state that tha
vain ct ether property la not as stated In
tha eommlainU
Further, tha company Ug9 that, not
withstanding tha facts herein stated, tha
taxing fltaera of tha city of Omaha valued
and araessed the said grounds of Union
ParlSa Railroad company at a valuation of
30.0t. wWh sum Union Pacific Railroad
raapany alleges to be In excess of tha fair
tsJtjo at eald land. It la also set forth
that tha buildings have been assessed at
$200,009 and tha too la and machinery at
JirMPOl, which is not less than their ac
tual cash value.
Barllnarton Files Another Protest.
J. B. Kelby, as attorney of the Burling
ton, filed a document In addition to the pro
lan already on file. This paper, referring
o the properties of the Chicago, Burlington
& Qulncy Hallway company, the Burlington
A Missouri River Railroad Company in Ne- 1
lirnska and Omaha Southwestern railroad
and Omaha s- North Platte railroad, chal
lenges the attention of the board to Its wsnt
of powsr and lack of jurisdiction to hear
and determine the matters snd things set
forth snd complained of In the complaint
of George T. Morton, and then says:
This challenge to your Jurisdiction Is not
based uron technical ground and Is rot,
as you may suppose, assorted for the pur
pose of avoiding a Juet and equitable as
sessment of our properties In Omsha or of
obstructing anv investigation respecting
them. We plead the constitution and the
law of this Mule as a defense against the
threatened confiscation of our property by
those who do not know fbelr provisions, or.
knowing them, refuse arbitrarily to louow
them.
Mcintosh Snbmlts Kvldenee.
When it was found that there was to be
no argument before the board aa to the
question of Jurisdiction, Mr. Mcintosh was
permitted to present bis evidence In sup
port of the complaint, which was almost
entirely In the form of reports of the pro
ceedlngs of the United States circuit court
showing evidence of the railroad officers
In suits at different times as to the value
of railroad property.
The complaint relating to the Union Pa
cific was first taken up, and Mr. Mcintosh
proceeded to set before the board the In
formation upon which he had based his
assertions Incorporated In that complaint
as to the value of the various properties
of the company. He read from the suit of
the Chicago, Milwaukee ft St. Paul road
against the Union Pacific, tried in March,
1891, testimony of Thomas L. Kimball, then
third vice president of the Union Pacific
road, relating to the earnings of the bridge
across the Missouri river, and testimony of
E. C. Smead, chief engineer, aa to the cost
and the value of the main line. Testimony
from the same and other cases in the
United States courts was read to show the
value of the franchise and the value of the
shops and other property appertaining to
them.
Finally Mr. Mcintosh asked Mr. Baldwin
to be sworn, and after hesitating a mo
ment Mr. Baldwin consented to take the
oath. Mr. Mcintosh then asked Mr. Bald
win if the terminals of the Union Pacific
road were as valuable at this time as In
1894, but to that question Mr. Baldwin re
plied that he had only appeared before
the board specially to object to the board's
jurisdiction, and must decline to answer.
Mr. Mcintosh then asked Mr. Baldwin
If the bridge was as valuable now as in
1890 and 1891, and received the same answer
as before, and "the dialogue continued
through several further questions aa to
the value of the shops and of other prop
erty, Mr. Baldwin each time declining to
answer on the same grounds.
Thomas Swift Gives Testimony,
Thomas Swift, an old resident of Omaha
and formerly a railroad man, waa sworn
by request of Mr. Mcintosh and testified
that in his opinion the present traffic of
the Union Pacific bridge waa greater, or
at least as great, as In 1890 and 1891. Tha
terminals he considered to be of more
value now than in 1834 for the reason that
they had been extended In the meantime.
Mr. Mcintosh also presented records of
the United States court In support of his
complaint against tha Barling-ten road.
Just before leaving Mr. Mcintosh In a
sort of Informal way said to the members
of the board that It appeared to him very
plain that tha Board of Review had . the
legal right to review the assessments of
railroads, Just as it had those of any
other class of property and he did not
think the board would question that point.
The board took all of the railroad cases
as presented under advisement.
Brldgr and Terminal Company.
, .John R. Webster, vice president and gen
eral manager, and John H. Daniels, secre
tary and treasurer of - the Omaha Bridge
& Terminal company were before tho
board In the afternoon in response . to
citation and made a very-free exposition
of tha company's affairs.
, This company owns 1.8$ miles of road
within the city limits, and this was re
turned by the atate Board of Equalization
for assessment at the rate of $6,000 per
mile. The company, however, made a
statement to the tax commissioner in which
this property was valued at $15,000 per
mile, and this had been Increased by the
tax commissioner to $40,000 per mile, plac
ing the property of the company, exclusive
of its re1 estate, at $79,290. Beside this
there Is $u2,000 of real estate entirely out
side of the right-of-way which is assessed
Just aa other real estate.
It was on the question of the value of
the franchise that the members of the
board and the offlcers of the company dif
fered most widely, Mr. Webster contending
that since the company was not making
money and was compelled to call upon ita
stockholders regularly to keep It going.
and since Its) stock had no market value
the franchise was worth nothing and should
not be assessed.
Tha sale of $1,000,000 of bonds soma
years ago was discussed and Mr. Webster
said that the earnings of tha company
with the $60,000 per year paid by tha Illi
nois Central road had not been enough
In tha paat ten years to pay more than
half the Interest on ths bonds. Ha said
the company bad lost from $15,000 to $50,000
per yesr. Mr. Webster said that the com
pany was assessed on $189,000 of property
In Iowa.
The board did not announce any de
cision.
YOUNG GOING TO CHICAGO
Advertising Wnager of the B. & M. to Have.
Charge, of HeadqiartarB.
IMPORTANT CHANGE IN THE SERVICE
Second Promotion Within a. Tear
Comes to Yo( Mast Whs Has
Developed Special Tal
ent In tha Work.
Charles S. Young, advertising agent of tha
B. ft M. railroad, has been rewarded with
a very substantial promotion to a similar,
but much more Important position, that of
assistant to J. R. Griffith, general manager
of the advertising department of the Chi
cago, Burlington A Qulncy system at Chi
cago, which is one of the principal branches
of business under the general supervision
of P. S. Eustls, general passenger director
of the system. Mr. Young's appointment
was announced by General Passenger Agent
Francis, and will take effect between this
and the first of the year.
The duties confronting Mr. Young In his
new position will be more extensive than
those of his present office. He will have
special charge of all the newspaper and
magazine advertising of the entire system,
which means that the scope of his work
will be amplified very materially.
The position vacated by Mr. Young will
not be formally filled for the present. Gen
eral Passenger Agent Francis will devote
more of his time to some special parts of
this work and various Vther parts which
have been looked after here will be shifted
to Mr. Young at Chicago, so that. It is be
lieved, tha regular office affairs can be
bandied by P. P. Fodrea, assistant adver
tising ageDt, and the remainder of the
corps. Heretofore Mr. Francis says this
department In Omaha has done a vast
amount of advertising for the general sys
tem and arrangements have been made to
have this work done in Chicago.
Charles Somers Young came to Omaha
from Philadelphia seven years ago to enter
the employ of The Bee as a "cub" re
porter. He then knew but one . man in
Omaha, a collegemate at Cornell univer
sity. He was with The Bee three years,
filling various- reportorlal capacities, but
chiefly that of railroad reporter, In which
he made a splendid record. His work la
connection with the sale and reorganisa
tion of the Union Paciflo was such as at
tracted general attention.- On January 1,
1899, he entered the service of the B. at M,
as assistant to J. M. Campbell, then ad
vertising manager for the company. Three
years later he was appointed successor to
Mr. Campbell, who resigned to take a sim
ilar position with the Rock Island. Mr.
Young's work as manager of tha advertis
ing department of the B. ft M. has brought
him many compliments from printers snd
advertising experts for its originality,
neatness and effectiveness. His rise In the
Burlington service, too, has been rapid. It
Is not on record that any other clerk has
risen In four years from a position In tha
Omaha headquarters to an Important place
In the general headquarters of the com
pany at Chicago, Two promotions within
a year Is also a handsome compliment to
a young man from any company.
In speaking of tha change, Mr. Francis
said: "I regret to part with Mr. Young,
but ha If going to a higher plaoe In tha
Burlington's servloe, and one where ha will
have an immensely greater field for his ac
tivities, and a correspondingly broader
scope. He bow has charge of tho work
west of tha Missouri river, hut tn tha fu
ture his territory will extsnd from ooean
to oosan. ' The Burlington Is entering upon
a- mora extensive newspapsr and magazine
advertising campaign, and to carry out the
work as planned a man of Mr, Young's
special talents Is needed at tha head."
The Peril of Oar Time
Is lung disease. Dr. King's New Dis
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cures lung troubles or no psy. 60c, L
For salu by Kuhn ft Co.
K Ml fill
I It feeds Njl4!ie hmr
all art-no advertising
water-color portraits of
Mrs Theodore Roosevelt
queen Alexandra
Queen Wilhelmina and
Empress Augusta Victoria
Painted by Leon Moran at Our Order,
Are Reproduced in
THE
Exquisite
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For 1903
Send 10 Cents in Coin
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CHICAGO
Tha edition Is limited. It ths edition Is exhausted was
few latter- Is received, wa will return your money.
A PKiTIFKROlIi VGHM,
Barrowa Up tho gealp Into Dandruff
aad Sapa tho Hair's Vitality.
People who complain of falling hair as
a rule do not know that It Is tha result of
dandruff, whioh Is oauaed by a pestiferous
parasite burrowing up the scalp as it digs
down to tha sheath In whioh ths hair Is fed
In the aoalp. Before long tha hair root is
shriveled up and tha hair drops out. If ths
work of tha garm Is not destroyed hair
keeps thinning till baldness comes. The
only way to eura dandruff Is to kill the
germ, and until now there has been no hair
preparation that would do It; but today
dandruff Is easily eradicated by Newbro's
Herplolde, which makes hair glossy and
soft as silk.
Musi c al
- u.i. i . I. . hole tnnA. It feed., nourishes, Invigor
ates the hair. That', why It makes the hair grow, stops falling
hair, and keeps ths scalp free from dandruff. II always re
stores color to gry ht til the deep, rich color of early lire.
And It Is an elegant dressing. a wuw. . o. aim oo.. ieu. a.
The second and third appearance of the
Oordon-Shay Orand Opera company showed
a great Improvement in detail, ensemble
and Individual work over the first night
proaucuon.
At the matinee, tha audience, which was
fair and much Interested, listened to the
old, old story of Manrico and Leonora, and
sighed again on account of the tenderness
of the prison scene, so familiar to even the
band concert adherents who rejoice In that
mualc, with Mils. Corneto as Leonora and
Mons. Trombono as Manrico. Well, while
this generation lasts, Verdi will be re
membered by many, because he wrote "II
Trovatore," and aay what they may, those
who find fault with It, It is still a fount of
Rowing melody all too rare in many of the
great modernities.
The part of Leonora gave an opportunity
to hear Mme Noldl for the first time alnce
she was here with the Innes grand opera
scenes, In conjunction with bis famous
bsnd. Mme. Noldl baa gained wonderfully
since she waa here then. Her voice is much
fresher, much mora unrestrained and her
upper tones hsve become exquisitely beauti
ful. Strong adjectives, no doubt, but thor
oughly warranted, as will be at once ad
mitted by those who heard her at the mat
inee, aa well as by those who listened spell
bound to the sliver thread of tone which
ahe spun out In the "Mlebaela" aria In the
fourth act of "Carmen" at night. Mme.
Noldl la doing some remarkable work.
Of Eloise Bishop, who took the pert of
Azucena in the afternoon, and a lesaer part
in "Carmen," there is much good to aay.
Her voice is of a pleasing quality and Is
placed well. Her acting waa clever.
Another singer who waa not included In
the cast the first night wss Mr. Wheal ley,
tenor. His voire is rich, very resonant and
very convincing and be scored sn instant
success.
Of the artists whose work has already
been reviewed in this column. It must be
said that Miss Rose Cecelia Shay Is a Car
men to the life. She holds the interest of
the audience intensely. Miss Shay waa an
actual Carmen, musically as well ss his
trionically. Her alnglng was luscious, and
she Is so at home In the part that the au
dience haa a feeling of absolute security
In the outcome of the phrase. The voice
Is certainly a glorious organ and ahs uses
tone colors lavishly, but always artistically
and In keeping with the character.
Mr. Albert! vitalised tha entire stsge. as
uaual, when ha appeared, and the swarthy
gipsy Impersonated by Mr. Dunsmura was
decidedly enrapport with the surroundings.
Ths audience was wildly enthusiastic In
many placea and curtain calia were numer
ous. It la highly gratifying for a critic to
ba able to record this of a local audience.
An Omaha musician might have well been
proud of Omaha last night, for two reasons,
first the gratifying appearance of a large
audience, and, second, the expressed satis
faction. -
A word to the chorus. There Is good ma
terial there. ' All that is needed Is a little
enthusiasm. It does not come from the con
ductor, why not generate It on the stags, A
few people working together can do won
ders. Lst night's work waa a great im
provement on preceding performances.
Tha company will play a return engage
ment-next Tuesday and Wedneaday, with
matinee on Wednesday. "Pagllaoco" and
"Cavalleria Rustlcana" -will be put on as a
double bill, .first performance; "Trovatore
the second, and "Carmen'' the third.
t - '
Last season's toys will be closed out
Saturday -at: halt price. Orchard ft Wll
helm. V ,
SNOW GENERAL IN NEBRASKA
Street Railway and Railroads Not
Seriously Inconvenienced
i by .
e 1
Another three-inch snow blanket was
added yesterday afternoon and last evening
to the amount already on the ground In
Omaha and vicinity. Reports from the west
ern stations of the woather buresu last
evening showed that snow was falling at
Cheyenne, Valentine and North Platte. It
was partly cloudy at Denver, Pueblo, Lan
der, Wyo., and Santa Fe; cloudy at Modlna,
Utah, Grand Junction, Colo., Dodge Olty,
Kan., and Rapid City. S. D. ; clear at Salt
Lake. 1
Preparations were so well made In ad
vance of the storm that it interfered but
little with either railroad or street' car
traffic. Snow sweepers were started out by
the local street railway company at 4:45
yesterday afternoon and with this assist
ance until the storm stopped there was but
little trouble In keeping the cars up to
schedule. The Burlington reported ail
trains on time last night. Number 6 on
the Northwestern waa tardy about, thirty
minutes and the Union Paciflo No. 2 waa
three hours late.
The report last evening that the packing
houses would be forced to close In the
event of a storm on account of a coal
famine was without foundation. While the
packing houses are short on coal in the
ssme proportion as Is everyone else, there
is plenty on hand to meet any immediate
emergency.
Steal Plated Chains.
A burglary waa committed, presumably
by two persons, as yet at liberty, In the
Jewelry shop of Solomon Hereman in the
Ramge bulliling yesterday evening about 9
o'clock. Kntrance a gained by prying
out the casing of the front door sufficiently
to force the bolt out of the socket. Be
tween two and three dozen gold-plated
watchchalns, which were hanging on hooka
In the case back nf a counter, were taken.
The American District Telegraph watch
man noticed the condition of the door and
notified the police. The burglars broke out
a small pane of gluBa In a rear window,
presumably trying to force the door, but
did not raise the sash. A pair nf common
red mittens were left insltie close to the
window.
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the Rock Island is the line to take. Don't make any mistake
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unrivalled service to all points in Southern California. Berths,
tickets and full information at all' Rock Island ticket offices, or
addressing,
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1323 Farnam St, Omaha, Neb.
P. S. Write for "The Golden State" a
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of California, Interesting, instructive, M
practical sent free on request.
. )
- -" . ii
CURES A COLD 111 ONE DAT
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THIg glQKATOU
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LEGAL SOTItK.
NOTICE.
On December linh, 12, at 11 a. m . an ap
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Hoard for an extension of the bond giver,
by the Omaha havings Bank to tha Utile of
Nebraakx
Books at Cut Prices.
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THOSE BLACK DIAMOND MEN,
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THE ETERNAL CITY Illuetrated
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edition, by Hawthorne
THE RIGHT PRINCESS, by
Clara Louise Burnham
A SERIOUS WOOING, by
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GREAT AMERICANS, 12
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