The New York herald., 1876-10-17
Taxes Of the Pacific Mail
Steamship Company.
The Case as Appealed to the United
States Supreme Court.
Application for Stay Pending Deci-
sion on Such Appeal.
Important Questions of Ju-
riSdictiOn.

Tho Pacific Mail Steamship Company 10 still fighting
In the battle already protracod through
years against the Of Taxes and Assess
with view get rid OF payment OF the amount
Of tax levied upon its personal property, assessed
by tho Commissioners Of Taxes at 500 00O, 600 After
their personal property was assessed At this amount
the company applied to the Commissioners for a re-
duction from Tho amount OF the assessment, claiming
that It was altogether large The history Of tho
has already been fully gIvon IN the HERALD dur
ing the proracted litigation upon the motion in the
courts. It having boen carried from the State Court
the Court OF Appeals and thence taken to the United
States Supreme Coari. The company insisted that
Ihe. properly the city amounted to only ST. $50 00O
Tho Commissioners finally fixed the assessment
lhis for the year lS74-at S., TAG. SIS A
writ OF ccrtorari was obtained, and the
ease carried to the Supreme Court, General Term,
which Court ordered reduction the assessment
$1O4, ,250 this being the value OF tho California Dry
Dock Company included in tho property taxed Not
ats1ed with this adjudication Of the case, the matter
carried TO tho Court Of Appeals, which tribunal
affirmed the judgment Of tho General Term. Ono Of
the points raised by the company that portion OF
the property taxed at 81 2os consisted Of steam
ships and other vessels permanently located on tho
Pacnc coast II insisted that the taxing of this
property infringement upon the United States
constltution and with view this question an
Directly following such appeal bond for $3.50 900
gwen by The company and approved by Judge Hunt
tho Court OF Appeals pending the hns decision by
tho United States supreme Court Il Is claimed that
this bond has the force Of stay or all proceedings
pending the decision Of the Court OF lna resort Il
Is claimed by the Tax Commissioners, the contrary,
that such bond does not operate stay and for this
reason the steamship Colon was seized yesterday
security for tho payment OF the unpaid tax.
In the supreme Court, Chambers, yesterday, before
Judge Barrett there argued al considerable
length application made behalf OF the Pacific
Mail SteamSllD COnDluy for order tho
Commissioners of Taxes, or any other officials, from
collecting the personal taxes OF the company, assessed
Tor 1874 described above, until after decision OF
The case now pending In the United States Supreme
Court. Messrs. Micnasl II. Cardoxo and Anurew
pany and James G. Carter Tor the Tax Commissioner
Mr. Cardozo, who made the opening argument cited
Tho facts OF the case as given above and insisted that
sntitied to the stay asked He cited various author
ties in support Of tho position thus taken Hs was
followed by Mr. BOardmau, who urged upon
Ihe Court substantially the same proposition
VI law, claiming that the ccrtiorari granted had
lbe force stay Of proceedings aud prohibited any
!urther action iu The promises until the United States
Supreme Court had given Its decision. Mr. Carter
nrenuousiy roiuted the points raised by the moving
counsel He insisted that the writ OF certorari
simply writ OF right; that 1t was very ancient wri
dating back to the Kings Bench, and originated for
from executing Their functions arrests nothing
and supersedes nothing that taxes must be pad that
here no power to proniot their payment and that
the only remedy 70 pay them and them IL erroneous
take the proper legal steps TO have the refunded
In the Of hts argument he stated that several
years ago attemps was nude IN California 10
ihere the plaintiffs property; that such attempt
resisted on tho ground thai the company was In
nos within u 'ns ns I
and upoa such ground the carried 10 the
United States Supreme Court, whereas the company
now claim that she property taxed IN California Is
without the jurisdiction Of the Court here and
be taxed here.
Judge Barrett ntimated that he thought that under
The facts MS stated the application should moro
properly be mado 20 tne United States Supreme Court
He however, would examine into the matter, and re-
quescd the counsel to pass up their papers and brefs
which they did