Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-02-26
THOSE PENALTIES.

Mr.. Hlllyer pamphlet on the lax Penalties
alleged to have accrued to the State of Nevada
and Storey County from the California and
Con. Virginia Mining Companies, we were
quite ignorant of the matter and apparent
validity of the claim of those companies to an
exemption from the payment of the said pen
alties. This pamphlet contains Mr.. Hillyer's
statement made before the Select Committee
of the Assembly appointed to inquire into the
braces many of the facts relating to the we'll
known case of Forbes VS.. Gracey-the bullion
tax suit which was the cause of the so-called
Bonanza Compromise Bill The amount of
Why they SHOULD not be e1acted are stated as
follows:
Now, as to the amount of the penalties in
question First, there are the two cases which
are in Judgment, and which, unless the Leg
islature interferes, we shall have to pay on
the LIST of April next. The amounts claimed
of those judgments yet unpaid are in one
SIS, O98 &c, and $40 ,124 65 in the other. The
amounts claimed in the four suits which have
been instituted to recover the penalties are as
follows 81, 1877 "a, S13,331 20, ST., 1866 SO
and 1927, Is 46, making total of $32, 2O9 As
already in Judgment, and S63, 624 SO still in
litigation-in all $95, 1888. Of this amount
S44,232 would, if collected, go to the State,
and SOL 1888 to the county.
have nothing further to state in reference
to these claims other than this At pres
ent the Con. Virginia and California claims
are not paying dividends, and when they
ceased to pay dividends the Comstock led ,e
ceased to pay. The owners of stock on the
Comstock lode are to-day paying about $780,,
900 every month for assessments. They are
not at present getting cent of it back in the
way of dividends. The finances of the State
are in an exceedingly prosperous condition,
due largely to receipts from these mines.
These facts, it seems to me, should be so
far considered as to determine the Legislature
not to do an in justice to these mines In their
present condition by refusing to carry out the
arrangement entered into with them by the
officers acting in its behalf.
Further along it is shown that in consider
alton of the advancing, by the said compa
MES of the sum of $50 900 to the County
of Storey, pending the decision of the
Supreme Court in the case of Forbes Us.
Gracey, it was stipulated and agreed to by the
Board of Commissioners of Storey County as
| follows:
| Second-That whenever a final decision of
the litigation now pending respecting the
! legality of the taxes upon the proceeds of the
mines assessed against said companies shall be
rendered in the courts of the last resort, the
| obligation to make further advances shall
cease and if the final decision shall be in
favor of the legality, of said tax, then the
money which shall have been advanced by
said Fair and Mackay shall, upon their re-
quest, be accepted by sad county IN part pay
| ment OF the aforesaid taxes, the legality OF
which shall have been affirmed, aud that in
| such event the Board of Commissioners shall,
| by official action so far AS they have the
power to do the same, remit and release ali
penalties and percentages for which either of
said companies shall heretofore have been
liable by reason of failure on its part to
have paid the taxes assessed against it at the
time when they became due.
This waiver of the claims of the County of
Storey for the said penalties would seem to
have been a sufficient basis for the action had
in Judge Rising's Court, which is as follows:
SATURDAY, May 5, 1877.
The State of Nevada VS.. the California
Mining Company, ct al. Order for judgment,
etc This cause coming on regularly for heIr-
ing by consent of parties, at this day, row come
said parties in open court by their represent
tive attorneys, F. V. Drake, District Attor-
ney, and Messrs. Lewis & Deal for plaintif,
and r. S. & w S. Mesick for defendant.
And the said plaintiff by consent of defend
ant withdraws is clai from the corside"a-
ton of the Court for the penalties mentioned
in the complaint il said Court, and take JUDI
ment for the sum of s 1876 "a, The tax sued
for, ard 81, 800 District Attorneys fees, and
usual cost; of suit Wherefore it is order
and ad iud ,ed rha3 The plaintiff have and re-
cover in this action of and from the defend
ant the sum of SAG, 1867 "A ard costs of suit,
and that Judgment be entered herein accord
ingly.
SO it seems that all parties having any
authority to do so have released the mining
companies from the said penalties; and that
it now only remains for the Legislature to
sanction and ratify the agreement entered
into by the authorities of Storey County. The
reasons seem to be ample for fair consdera-
ton of the proposed relief bill.
[Communicatedl