The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1872-12-05


he Railway Tax Inbrogll0.
EDIroRs JoURNAL: In the Herald, Of two
weeks ago, appeared q very characteristic notice
concerning Capt. j. G. Mohler. Now lido not
know that he ever was Captain; but grant
ing. for the sake Of argument, that he was.
what has that to do with it?
The 81 900 tax referred to in that notice is
not collected yet. Remember. it was levied on
the railway tor the year 1868, and that no in
terest can be collected thereon. Other people
have paid their taxes for that year long ago.
Last November "a year since) the Supreme
Court decided this tax case in our favor, to he
effect tO-wit that if the railway company did
not pay tax On an assessment Of $4,000 mile
within reasonable time, to be fixed by the
District Court. they then should have to pay
on an assessment Of SO, 900 per mile. That is
what call good decision.
Well, the District Court gave them till June
18th, 1872, to pay on the $1,000 assessment.
When that day came around, las all days WILL
and the county treasurer refu ed to receive the
tax without the penalty, they applied for an
other injunction. The injunction was refused,
and thereupOn it was considered and adjudged
that the case should be tried over again. in
stead Of warrant being issued and $1,000 COL
lected.
Then. instead Of the question whether we
were entitled to $4,000 or Sl7 900 being sub
mitted to the Supreme Court for rerielo, the
game Of tickle me and I'll tickle you was
enacted, and the Court was asked TO decide
whether We were entitled to the penatty-a
question that had been decided long before by
said Court. You see?
A few days ago the Supreme Court reaffirm-
ed its decision, that when penalty was proper.
ly affixed it became a part of the tax; and
therenpon there was great CONSERVATION
among the lawyers and doctors. The right to
collect Sl7 900 seemed plain. But the case had
few days before been postponed six months
in our court. ThereupOn a new question was
sprung as to whether the act of the Supreme
Court took precedence over the District Court.
in same case. l understand Mr.. Mohler main-
tanned it did not. for the time BEING.
Finally. It was considered and adjusted -
that we had better take what we could get lSay
SlI 900. offered by he railway company and
make a new case on 5000. and take it mp to
the Supreme Court again. The ''felers' that
didn't know much about Law. wanted warrant
issued for Sl7 ,OOO and all the trains stopped on
the Kansas Pacific I'LL the amount was paid
As it is now, in about six months or year, or
a couple Of years or 80 We may get the extra
$1,000, after paying out from 81 900 to 81 600 to
get it.
We can all see how tits ourselves, now !; how
4 lawyer sometimes complexities and muddles
a perfectly plain case /; how. with three points
in a case. he takes up the best. and LEAVES the
other two points till merit time: how man can
arrogate to himself the praise that rightfully
belongs to eminent lawyers, and to the Judges
of the Supreme Court Of the United States and
the State of Kansas. who had decided the points
involved in this case before NJ. Mohler became
county attorney.
Your humble servant sincerely believes that
when this case goes up to the Supreme Court
the third time. Gt is already ..going up.") the
said Court will think We are unable to COM
prehend a common mandate,. and they
will tell US We had better go West.
To make assurance doubly sure. I propose
before long TO publish leading extracts from
all the decision touching both the railway. per-
sonal property. and Land tax questions, so that
every man can see for himself who is to blame
1 shall also show that the railway company
have gained on ms for the last six months. a
well by lack of backbone as by various hocus.
pocus arrangements.
In closing, will give just a sample extract
of the decision Of the Supreme Court, made a
year ago in this Isl. 600 case: And having
the necessary parties before rs. We have con.
cluded to dispose Of all the questions and thus
settle the whole matter in difference without
further litigation Bear in mind. .'all ths
questionsr' Yet the case has been sent ur
once since. and will be sent up again. How is
i: that the will of the Supreme Court and the
wishes of the people can be overcome in this
way: Let those who are responsible rise and
explain.
VIII they lie: Baker and Forsse's case run
along the same way: Will the county have ;e
pay the expenses attending this case Of con
testing the Representative elect:
/ The commissioners tell me Mr.. Noble,
wants more pay for taking care Of the railway
suits.l Your obcdiant servant,
d. BEEBE.