Omaha Daily Bee Newspaper, December 13, 1902, Page 4

BEE: SATURDAY DECEMBER " THE OMAMA DAILY 2 GUESTION OF JURISDICTION Lawyer for Unlon Pacifio Railroad Raises it Bafors Board of Review. Denles Authority of Tax Commi or Péard of Review to W Rafiroad Property Yesterday was rafiroad day with the Bpard of Review, and the entire morning was occn- pled with the affairs of those corporations againet whose assessments complaints had been made by the tax committee of the Real Estate exchange; or, more properl #peaking, by George T. Morton of that body " to the properties of the Chicago, Buriington & Quincy, Rallway company, the Burlington & Missour! River Rallroad Company in Ne- braska and Omaba ‘& Southwestern rallroad and Omaha & North Platte raliroad, chal- lenges the attention of the board to Its want of power and lack of jurisdiction to hear and determine the matters and things set forth and complained of in the eomplaint ot George T. Morton, and then says This challenge to your jurisdiction is not based upon techuical ground and s no as you may Suppose, asserted for the pu pose of avolding a just and equitable as- sessment of our properties in Omaha or. of obstructing any investigation respecting them. We plead the constitution and the law of this state as a defense against the threatened confiscation of our property by those who do not know fheir provisions, or, knowing them, refuse arbitrarily to follow them. Meintosh Submits Evidence. When it was found that there was to be no argumont before the hoard as to the question of jurisdiction, Mr. McIntosh wi permitted to present bis evidence in sup- | port of the complaint, which was almost In the response to the citations nnr\'r»l‘ upon them the railroad companies have appecred by their respective attorneys to object 1o the jurisdiction of the board, anl it was put up to John N. Baldwin, counsel fcr the Union Pacific, to make bis position on that point very plain and emphatic when he was requested by Attorney J. H. Mcln- tosh, for the Real Estate exchange, to be eworn and answer questions as to the pres- ent value of different portions of the rail- road. property as compared with its value in years past when sworn testimony was given in the United States courts by the oficers of the company. Mr. Baldwin con- sented to be sworn, but as each question was put to him he declined to apswer it on the ground that he was there simply to contest the authority of the board to fix ihe csseasment of the railroad company. When the appointed hour of 9:30 arrived Mr, Baldwin was on hand to represent the | Interests of the Union Pacific company and B, T. White those of the Chicago, St Paul, Minneapolls & Omaha road. When Mr. Melntosh arrived & few minutes later Mr. Baldwin stated that he had merely appeared specfally to take exception to the juriedietion of the board in the premises 2nd filed two typewritten documents which he said he was williag to present without argument. entirely in the form of reports of the pro- ceedings of the United States circuit court showing evidence of the railroad officers in suits at different times as to the value ot 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 & St. Paul road against the Union Pacific, tried in March, 1591, 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, as 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 thom, 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 ounly 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 recelved the same answer as before, and the dialogue continued through several further questions as to the value of the shops and of other prop- erty, Mr. Baldwin each time declining to answer on the same grounds. Contention of Railronds. One of these documents was an objection to jurisdiction and the eecond an objection to juriediction and answer to the com- plaint in the case filed by George T. Mor- ton. The first mentioned is addressed to Willlam Fleming, tax commissioner of the city of Omaha, and the Board of Review and reads as follows: Unlon Pacific Railroad company speclally appearing for the sole and only purpose of ug!fl‘tln to_the jurisdiction of this board, tests that your honorable body has no_jurisdiction to make any assessment or valuation of any of the railroad and tele- graph lines of Union Pacific Raliroad com- Sany, including its roadbed, right-of-way and superstructures thereon,’ its main and iAdo tracks, depot bufldings and depot grounds, scction and tool houses, roliing utock and personal property necessary for the construction, repairs ‘and successful uperation of sych railroad and telegraph iines, and glves you to be informed that all of its sald property located and situated in the several counties in_the state, includ- its said property in Douglas caunty as 1ts property within the city of Omaha, was by 1t, duly and in proper time, seturned by a verified return to the auditor uf public aceounts of the state of Nebraska | for assessment and taxation as required by law, and that all of its sald property was thersupon duly and lawfully valued und by the State Board of Equali- £ation ot the the value Thomas Swift Gives Test! v, Thomas Swift, an old resident of Omaha and formerly a rallroad man, was sworn by request of Mr. McIntosh and teatified that in his opinion the present trafic of the Union Pacific bridge was greater, or at least as great, in 1890 and 1891. The terminals he considered to be of more value now than in 1894 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 c~omplaint against the Burlingten road. Just before leaving Mr. Mclntosh in a sort of informal way sald to the members of the board that it appeared to him very plain that the Board of Review had the logal right to review the assessments of rallroads, just as it had those of any other class of property and he daid not think the board would question that point. The board tock all of the railroad cases as presented under advisement. Bridgn 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 the boasd in the afternoon in response to citation and made a very free exposition of the company's affairs. This company owns 1.86 miles of road within the city limits, and this was re- turned by the state 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 res' estate, at $79,290. Beside this there 18 $.,2,000 of real estate entirely out- side of the right-of-way which is assessed just as other real estate. It was on the question of the value of the franchise that tho members of the board and the officers of the company dif- fered most widely, Mr. Webster contending that since the company was not making money and was compelled to call upon its stockholders regularly to keep it going, and since its stock had no market value | the franchise was worth nothing and should not be assessed. The sale of $1,000,000 of bonds some years ago was discussed and Mr. Webster sald that the earnings of the company with the $60,000 per year paid by the Illi- nols Central road had not been enough in the past ten years to pay more than half the interest on the bonds. He sald the company hed lost from $15,000 to $50,000 per year. Mr, Webster said that the com- assessed on $189,000 of property state of Nebruska, and that uun'n;m- of ita sald railroad 7 Nebraska, Py S b o ot t Omaha mald rallroad ent and vuluallon a‘ thin the limlts of the city uglas county, That nelther sald tax commissioner nor the Hoard of Review of the city of Omaha have any jction to assess or value any of the ubove described property of. the Unfon Pacific Rallroad company. The second paper filed by Mr, Baldwin is fundamentally similar to the one quoted above, but broader In Its wcape in the fact that it deals specifically and in regular or- der with the different complaints comprised In the petition of Mr. Morton. Company Makes Some Dentnls. The same line of argument is followed In regard to each of the six complaints of the petition of Mr. Morton, the return to the state board and assessment by that body belng in each case specifically alleged and the suthority of ths Board of Review in each case dealed. In deallag with the last complaint the company denies that the value of its grounds, warehouses and machine shops referred to in that section is the sum of $800,000, and states that the value of other property is aot as stated tn the complatut. Further, the company “alleges that, not- withstanding the facts herein stated, the taxing effvcers of the city of Omada valued wad arsessed the sald grounds of Union Pasifie Raflroad company at a vaiuation of 3360008, whlch sum Union Pacific Railread alleges to be In excess of the fair value of sald land. It s also set forth that the bulldings have been assessed at $200,000 and the tools and machinery at $198,000, which not less than their ac- tual cash value." Burlington Files Another Protest. 1. B. Kelby, as attorney of the Burling- ton, 8led a document in addition to the pro- test already on fle. This paper, referring | The board did not announce any de- clsion. The Peril of Our Time Is lung disease. Dr. King's New Dis- covery for Consumption, Coughs and Colds cures lung troubles or mo pay. 60¢, 3L For sale by Kubn & Co. air Vigor is a hair food. It feeds, nourishes, invigor- aAlz:thel:dr. at’s why it makes the hair grow, stops falling hair, and keeps the scalp free from dandruff. It always re- stores color to gray hair, all the deep, rich color of early life. And it Is an elegant dressing, 100 s vowie. 2. 0. AYER 0O., Xowsil, Mase. R YL T A TS SO LS5 e oY = YOUNG GOING TO CHICAGO Advertising Manager of the B. & M. to Have Oharge of Headquarters. IMPORTANT CHANGE Within & Year & Man Who Has Developed Special Tal. ent In the Work. IN THE SERVICE Second Promotion Comes to Yom Charles 8. Young, advertising agent of the B. & M. raliroad, has been rewarded with a very substantial promotion to a similar, but much more important position, that of asgistant to J. R. Griffith, general manager of the advertising department of the Chi- cago, Burlington & Quincy system at Chi- cago, which is one of the principal branches of business under the general supervision of P. 8. 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 mewspaper and magazine advertising of the entire system, which weans 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 Francls will devote more of his time to some special parts of this work and various ‘other parts which have been looked after here will be shifted to Mr. Young at Chicago, so that, it is be- lieved, the regular office affairs can be bandled by P. P. Fodrea, assistant adver- tising agent, and the remainder of the corps. Heretofore Mr. Krancis says this department in Omaha has dome a va 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 Philadelphla seven years ago to enter the employ of The Bee as a ‘‘cub” re- porter. He then kmew but one wman in Omaha, a collegemate at Cornell univer- sity. He was with The Bee thres years, filling various reportorial capacitios, hut chiefly that of rallroad reporter, in which he made a splendid record. His work In connection with the sale and reorganisza- tion of the Union Pacific was such as Al tracted general attention. On January 1, 1899, he entered the service of the B, & M, nt to J. M. Campbell, then vertising manager for the company. Three years later he was appointed successor to Mr. Campbell, who resigned to take & sim- flar position with the Rock Island. Mr, Young's work as manager of the advertis- ing department of the B. & M. has brought him many compliments from printers and advertising experts for its originality, neatness and effectiveness. His rise in the Burlington service, too, has been rapid. It 18 not on record that any other clerk has rlgen in four yéars from a position in the Omaha headquarters to an important place in the general headquarters of the com- pany at Chicago. Two promotions within @ year {8 alsv & handsome compliment to & young man from any company. In speaking of the change, Mr. Francis sald: "I regret to part with Mr. Young, but he {r going to & higher place in the Burlington's service, and one where he will have an Immonsely greater fleld for his tivitles, and a ocorrespondingly broader soope. Ho now has charge of tho work west of the Missourl river, but in the fu- ture hls territory will extend from ocean to ocean. The Burlington is eutering upon mora extensive newspaper and magazine Ivertising campalgn, and to carry out the work as planned & man of Mr, Young's speclal talents (s needed at the head.” A PESTIFEROUS GERM, Burrows Up the Scalp Into Dandruff and Saps tho Halir's Vitality, People who complain of falling hair as @ rule do not know that it s the result of dandruft, which s caused by a pestiferous parasite burrowlng up the scalp as it digs down to the sheath in which the hair is fed in the soalp. efore long the hair root is shriveled up and the hair drops out. If the work of the germ fs mot destroyed hair keops thinning till baldne: comes. The ouly way to cure dandruff is to kill the germ, and until now there has been no hair preparation that would do it; but today dandruft is easlly eradicated by Newbro's Herploide, which makes hair glossy and wsoft as sllk. m Musical B The second and third appearance of the Gordon-Shay Grand Opera company showed & great improvement in detall, ensemble and individual work over the first night production. At the matinee, the 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, o familiar to even the band concert adherents who rejoice in that music, with Mlle. Corneto as Leonora and Mons, Trombono as Manrico. Well, while this generation lasts, Verdl will be re- membered by many, because he wrote “II Trovatore,” and say what they may, those who find fault with it, it is still a fount of flowing melody—ell too rare in many of the great modernities. The part of Leonora gave an opportunity to hear Mme Noldl for the first time since she was here with the Innes grand opera scenes, in conjunction with his famous | band. Mme. Noldl has gained wonderfully | since she was here then. Her volce Is much tresher, much more unrestrained and her upper tones have become exquisitely beauti- ful. Strong adfectives, no doubt, but thor- oughly warranted, as will be at once ad- mitted by those yho heard her at the mat- inee, as well as by those who listened spell- bound to the siiver thread of tone which she spun out in the ““Michaela” aria in the fourth act of “Carmen” at night. Mme Noldl is doing some remarkable work Of Eloise Bishop, who took the part of Azucena in the afternoon, and a lesser part in “Carmen,” there is much good to say Her voice is of a pleasing quality and is placed well. Her acting was clever Another singer who was not included in the cast the first night was Mr. Wheatley, tenor. His volce is rich, very resonant and very convincing and he scored an 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 intensély. Miss Shay was an actual Carmen, musically as well as his- trionically. Her singing was luscious, and she is #0 at home in the part that the au- dience has a feeling of absolute security in the outcome of the phrase, The volce is certalnly a glorious organ and she uses tone colors lavishly, but always artistically and in keeping with the character. Mr. Alberti vitalized the entire stag usual, when he appeared, and the s sipsy impersonated by Mr. Dunsmure was decidedly enrapport with the surroundings The audience was wildly enthusiastic in many places and curtain calis were numer- ous. It is highly gratitying for a eritic to be able to record this of a local audience. An Omaba wusiclan might bave well been 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 Quaker Calendar For 1903 Send 10 Cents in Coin Quaker Oats CHICAGO The edition i limited. Tt the edition is exhausted whem your letter is received, we will return your momey. proud of Omaha last night, for two reasons first the gratifylug appearance of a larg: audience, and, second, the expressed satls- faction. A word to the chorus, There 1s good ma- terlal there. ' All that is needed is a little enthusiasm, It does not come from the con- ductor, why not generate it on the stage. A few people working together can do won- The company will play a return engage- ment -next Tuesday and Wednesday, with matinee on Wednesday. “Pagliacco” and “Cavalleria Rusticana’ will be put on as double bil}, first performance; “Trovatore’ the second, _:a_%-ige_tm. Last season's «will be closed out Saturday -at balt price. Orchard & Wil- helm. 4 3 x L o SR SNOW OENEBAL IN NEBRASKA Street Raliway ai Serfously Ine L by It Rallroads Not nienced 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 bureau 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 Modina, Utah, Grand Junction, Colo., Dodge Oity, Kan., and Rapid City, 8. D.; clear at Salt Lake. Preparations were so well made in ad- vance of the storm that It interfered but little with elther rallroad or street car trafic. Snow sweepers were started out by the local street rallway company at 4:45 yesterday afterncon and with this assist- ance until the storm stopped there was but little trouble in keeping the cars up to schedule. The Burlington reported all trains on time last night. Number 5 on the Northwestern was tardy about thirty minutes and the Union Pacific No. 2 was 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 same proportion as is everyone else, there is plenty on hand to meet any immediate emergency. Steal Plated Chi A burglary was committed, presumably by two persons, as yet at liberty, In the ewelry shop of Solomon Bergman in the amge bullding yesterday evening about 9 o'clock. Entrance was 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 watchchains, which were hanging on hooks in the case back of 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 glass in & rear window, presumably trying to force the door, but id not raise the sash. A pair of common | red mittens were left inside close to the | window. CURES A COLD IN ONE DAY | GURES GRIP IN TWO DAYS LAXATIVE BROMO QUININE NOTICE. On December 19th, 1%2, at 11 a. m.. &n a, lication will be made to the State Banki oard for an extension of the bond giver by the Omaha Savings Bank to the State of | Nebraska. { Paso. addressing, CALIFORNIA ? No matter how you want to go, “Southern™ or “Scenic" route, in a tourist sleeper or aboard the finest train in America, the Rock Islandis the line to take. about that. Thro’ tourist cars daily from Kansas City and once Don’t make any mistake a week from Omaha to Los Angeles and San Francisco via El Tourist cars three times a week from Omaha to San Francisco and Los Angeles via the “Scenic” line through Colo- rado and Utah. Golden State limited leaves Kansas City daily and offers unrivalled service to all points in Southern California. Berths, tickets and full information at all Rock Island ticket offices, or C.A. RUTHERFORD, D. P. A 1323 Farnam St, Omaha, Neb, P. S. 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