The Placer herald., 1870-07-16
FOREIGN MINERS TAXES.

We think the United States District At
..ornsy, Dr.. Ls.imsr, and U. s. Marshal Nor.
ris, ha,s not doss what is right by Collectors
Of Foreign Miners Licenses throughout The
State 10 not giving public notice in some
way Of the passage Of the prohibi,ory Law and
their Instructions from ex'Atorney General
Hoar,- il they have any. on the subject. The
law itself is 40 suormity 10 many respects,
and especially in giving exclusive jursdic-
ton to U. s. Courts. sud' 10 beng made to
take etfsc. from and after ito passage (if such
Is the cs'e). Nearly two months hsvs pass
ed since tbs signing Of the bill, and al ,his
time nearly every Collector IN the State has
been nnocen;ly and ignoranlIy violating ito
PLANES. provisions. and srs smenabls to its
ssvsrsst penalties. simply because they have
not been furnished the information which il
wss the duty Of The proper u. s officials TO
make public. In olden times, 10 ZONE
countries, il vas the practice Of ;yran-
nioal rulers to proclaim laws and edic's by
su.pendng copies Of them 80 high in The
air that no one could read them and then
punish the disloyal for their violation. The
Grant Government now seems 10 be copying
after these old tyrsuts. In the absence Of
the proper information from the U. S Dis-
trict Attorney, Capt. Calder~ooj Collector
Of The 2d District, in this county, applied 10
Il. II. Fellows, Disric, Attorney, for an
opinion, which We append below. II fully
explains itself. and will probably settle the
question, so far at least ~ the Collectors Of
this county are concerned. Thus the rights
of the sovereign States 60 one by one. The
great effort of the mongrel authorities ass IN
to bs 10 drag down and crrsh the fighting,
country defending, tax paying white race,
and elevate and free from taxation tho odor-
rifsrous, obnoxious, degraded races.
AUBURN. July llrh, 1870.
M H. Calderacood, Tax Collector, etc.:
DEAR SIR: 10 your note OF The 9Th inst.
you ask my opinion as 10 the question
whether you. As Tax Collector, have the
righ, to collect whs, is termed "Forsigo
Miners License" have always entertained
serious doubts Of the validity of The Ac, Of
the Legislature. requiring aliens to pay n
Iiceues for the privilege vi mining upon the
public lands Of the United States, but what
ever doubts or others may have heretofore
entertained, have no bssl,auOy in stating
that. should you now collect this license,
your ac,ion would bs in plain violation Of
,hs recent Act Of Congress entitled An Act
to enforce the righ. ot citizens of the United
S'a,es TO vote, and for other purposes," and
you would, as a matter Of course, bs suti.o
to its penalties.
Section l6 of the Aot referred 10 provides
as follo~s: "Tha, all persons wi,bio ,h4
Jurisdiction Of the United Sta.ee. shaIl have
the same right in every State and Territory
in the UUI,ed States to make and enforce
contracts, to -us be parties, give evidence,
aud TO the fall and equal benefits Of all laws
and proceeding for ihs security Of person
snd property. as is enjoyed by white c't,zsn',
and sball hs subject to like punishment,
pans, penalties, lsxss. licenses, aud exaclions
of every kind, and none Other. every lsw,
st"iute, ordinance, regulation or custom to
the contrary notwilhslsndlng
Ssclion - Of the same Act provides /:
"Thn, any person who, under color Of law,
statute or ordinance, regulation or custom,
sb'll sul,lsct. or cause to be subjected, any
inhabiIao, Of any State or Territory. to the
deprivation Of any righ, secured or protected
uoder the provisions Of this Act, "or TO df
tersn! paine and penalties on account Of such
person being an alien, or 10y reason of b..
color or race. therein prescribed for the pun
nhmsn, Of citizens, shall be deemed guilty
Of ,nisdsnsanor, and on conviction shaI
be punished by a fns not exceeding 81 900,
or impri'onmeut no. exceeding one year, or
both, II the dlcrslion Of The Court"
The law is plain, and doe, not demand
comment.
Repeatedly. yours.
HENRY II. FkLLnws,
Diatriet r l.turpor Dlu.or (N.,ur,.