Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-31
ADysGTlgzmaNr MENTION.
LOCAL INTELLIGENCE.
A sAoRhmESTo CASE.

sE9 49, So - -
4 sAoRhMENTo CASE.
The Sunreme Court has rendered de-
cision in the case of Miller vs.. Hebron.
Sheriff. relative to taxation of National Bank
shares. The case was on appeal from the
Superior Court of this county. The syllabi
of the case as given by the Eraminer reads !:
The mode provided by Section 500 of the
Political Code far the taxation of shares in
National Banks OF the United States is in
conflict viii. Section 52l9 of the Revised
Statutes OF the United States.
Independsut of the power conferred by
Congress TO tax shares in National Banks,
the State could not tax such shares.
In the sscertainment of the value Of plain
tiff's shares in . National Bank the Assessor
proceeded as follows He first ascertained
the aggregate market value of the total shares
of the bank, and deducted from such sggre-
gate the value Of all property assessed to the
bank, TO wit its real estate. The remainder,
after such deduction, was then divided by
the total number of shares, and thus the pro
rata value Of each share was ascertained
The plaintiffs shares were assessed at such
pro rata value Held, such mode of taxation
Disseminated against the holder of such
SlareS IN tutb IL b4C t%AdLi'f1 VI CT6QltSs
declared by ths Constitution TO be property,
and in which other money capital" is in
vested the Assessor is to deduct therefrom all
debts due by the party assessed to bona tide
residents Of tie State.
Under Section 52l9 OF the Revised Statutes
of the United States, power to tax shares ia
National Banks is conferred on the State.
with the restriction that the taxation shall
not be at q greater rate than is assessed upon
any other moneYed capital.
The w0sds "osaer moneved capital, as
used in Section 5219 81 the Revised Statutes
of the United States. means capital invested
otherwise than ia National Banks.
The law allowing all the property of
State bank, real and personal, to be assessed
to the bank, while hone Of its personal prop
erty is to ne assessed 10 the National Bank,
discriminates IL favor of the individual
holder Of shares in the State bank and
against the individual holder of shares in
National BaaE.
THE DRAINAGE ACT.-It is learned that
should the Supreme Court hold the Drainage
Act to be constitutional, the Drainage Com
missioners Of District No. will at once pro-
coed to place in good order and improve the
Ievee system along the Sacramento river, on
the easterly side, between Sacramento and
Freeport, the surveys having demonstrated
that these Gefenses are necessary to the sys-
tenn of reeliiyiBg the channel Of the Saera.
mento river, andt0 carrying out the whole plan
of the Commission. It finds it can avail itself
of the works already constructed with advan-
taga. With this line in good order it will
connect with The embankment at Freeport,
running back 20 high land at Brighton
station It also connects with the levee sys-
tenn along the city front and up the American
river to the high land al Brighton, and thus
makes nearly eighteen miles OF defenses
necessary to rectihcStion of river channels
and the drainage system, and protects from
overflow property values OF fully Sl,50O,0OO.
Police CoUBr.-In this Court yesterday
John Cl.iyiuchin was granted a continuance
until the 81 proximo of his battery case.
Gus Parker pleaded guilty to vagrancy, and
will receive judgment to-day. Thos. Han
ming. arrested foc varrancy, demanded jury
trial, which was accorded to him, and he was
acquitted. The case Of battery against All
Tow was dismissed The grand larceny case
of Mary Farr was continued until September
81. p. Deyine failed to appear in answer to
q charge OF drunk, and thereby forfeited his
deposit Of s. Mrs. Lausner was found
guilty OF bsipg common druGkard, and sent
to the County Jail for term of sixty days.
John Mullen, arrested while upon e drunk,
was released, and thereby became happy.
Steve Fisher pleaded guilty to petit larceny,
and sentence was reserved until to-day. John
McNulty was tried upon q similar charge and
found not guilty.
HIGHWAY RoBBERY.-While NJ. F. Her
rill, of Olita, was On the way to this city
from Placeryille, day before yesterday, riding
horseback, and when between Single Springs
and Latrobe, lie was attacked by two high
waymen, who sprang from the side OF the road
and covered him with cooked revolvers. They
came out upon him in such place that he
had no way Of escapa They compelled him
to get off from his horse and give up his
money, lie had $40 in his pocket, and tried
to get them TO let him keep part of it, but
thew demanded ard took all. lie then, in
intination Of their hOggishness, asked them
If they didn't also want the key to his trunk.
This thev took a. sarcasm and told him they
were a good mind to flash him right then and
there. but finally allowed their victim to get
on his hcrse and ordered him to drive on, and
they quickly disappeared in the brush.
INoPpoRTUNE ABsENoE.-Hon. j. Mem.
Shafter, President of the State Board Of
Agriculture, has been absent from the State
for two weeks, and will be absent for two
weeks to come. Just at this time when the
work of organizing the exhibition Is IN its
most important period of progress the
absence Of the President OF the Board is most
unfortunate. Gee w. Hancock, who when
at home is a most energetic member Of the
Beard, has also bsen absent for two months
and is still absent The work in this juncture
has fallen heavily upon the Secretary and
Directors II. NJ. Larue and G. Green.
These have lah0rsd assiduously to make the
coming exhibition success.
To INVESTIGATE State Board of
Equalization Eas resolved to investigate the
assessments upon the assessment roll or book
of the city and county Of San Francisco for
the wear 1881, with a view Of determining
whether 10 increase the entire assessment OF
the property contained Ia said roll, and make
the assessment conform to the true value IN
money Of tae property contained in said roll,
and thus equsl.zs The value of the taxable
property oi the several counties of the State.
The Board viii hear and consider all OBJ.
iections wi.ica may ne made TO such proposed
increase ut It's Office as the Capitol, Ssptem-
Der 18th.
Throws PROM 4 HoRsR.-Theobald Starr,
while riding last night on horseback at rapid
rate up j StrGet, was thrown on near olALn
street, from his horse stumbling, and his head
was badly cut from striking the pavement.
He was carried into Spieker's drug store and
his wounds dressed, after which be was taken
in a carriage TO his home by W. j. Cooper.
CONTRACT LIZA special meeting Of the
Directors of the Odd Fellows Hall Associa-
ton was held last evening. and bids for put
ting on new roof to the st. George building
were opened. Contracts were awarded as
follows p S. lawson, tin work; +. Cady,
wood work, and f. f. Woodward, brick
work.
MERCHANDISE REPoRr.-The following
freight passed Ogden for Sacramento on the
2sth: For Huntington Hopkins & Co, 81
cases ak and pick handles; Central Pacific
Railroad Company, 80 barrels oil; J. j.
Spieker, l box oil.
IMMIGRANTS. - One hundred and sixty.
three immigrant passengers, including one
hundred and twelve males, will arrive from
the East by overland train this afternoon
COMMISSIONERS AFPoINTED.-Th Governor
has appointed John w. Hodgkin as a Com