The weekly Placer herald., 1853-10-15
Pacific Mail Steam ship Compa.
nv. and Benicia Water Lots.

ny, and Benicia Water LOTS,
It will be remembered that during the
last session Of the Legislature. after r
deal Of discussion and solne i'll feeling, p
bill was passed granting tor term OF
ninety years, to the P. M. ). ). Co.,
tract Of land, covered with water, ex-
tending from lot seven in block seventy
three, to lot four IN block seventy EIGHT,
rs "laid down on a map or survey OF the
city Of Benlcia," and on the south Cor to
the channeD a distance Of three hundred
fee, from the shore. Commissioners, con
sisting Of the Treasurer, Comptroller and
Secretary Of State, were appointed to as
sess the value OF this property, who with
IN thirty days were TO have notified the
Agent of the Company Of the amount
assessed.
Sec. 4th Of this Ac, says, "rhat this
Company shall fail within ten days from
and after the notification last mentioned,
to pay into the Treasury of this State
the sum assessed by the said Commits
sioners, in the lawful coin of the United
States, which shall 60 into the General
Fund"
The bill was violently opposed upon
che ground that the State should grant
no favors to this Company, for the reason
that the Company had refused to pay the
State the County taxes assessed upon
their proper,y-that il the State disposed
IF her right to this property, it should
he sold at auction to the highest bidder. -
W hile the bill was under discussion it
was stated that the Company, after the
bill was introduced, had paid their taxes,
amounting, if we remember correctly, to
$1,000. We have since learned that
these taxes were paid under protest, and
that since the passage Of the bill the Sheriff
has been sued tor the recovery of the
money.
The Commissioners could not agree as
to the valu" Of the property; the law re-
while they differ as widely as $4,000 in
their estimate of it's value. In the mean
time the Company have taken possession
Of the property and nearly completed n
wharf upon it. The Company contend
ing that the grant gives then right to
the property. But we think as its con-
ditons as expressed in the third and
fourth Sections, have not been complied
with, the Act falls 70 the ground and the
time having passed., it still is the proper
" of the State. The Governor has urged
that the Commissioners should immedi-
ateiy set value and notify the Company
in accordance with the fourth Section
Of the Act, and if they refuse to pay he
would apply the legal remedy to oust
them from the property. The third Sec
ton Of the Act says, "he said Board of
Commissioners shalt, trithin III, ty days
from 0nd after the passage Of the .Act,
MAKE the said assessment" Under this
clause we doubt the power of the Com
lni.Sioners to make An assessment, rs the
Act WAS passed May 5th. But this does
not affect the Company, as the Art does
not state when they shall be notified, but
says "That this grant shall hc inopera-
tive il the said Company shall fail within
ten days from nnd after the notification
last meationed, to pay &C." lnan, event
there is still! remedy for the State, for
the Legislature can bring the Company
to terms by repeating the Act, and putting
this property up At auction.
1t was stated, during the discussion
upon the subject last winter, that there
were people ready 10 pay $50 900 for this
property. A new Board Of Commission
ers could he appointed to assess it's value,
and rather than lose the possession Of u,
the Company, we have no doubt, would
he entirely able to pay lts market value.
If nothing can he done under the law as
it j., it will he the duty Of the next Legs-
Iature to take action Oh the subject AS
early as possible after they shall have
convened State Jour.