Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-25

ing the offers the Board could determine
better than he could. It was for them to
pass judgment they have the county mat
tera ia charge. As to the legal aspects of the
case. ne was quite sure the policy OF accept
aLce or rejection is with the Board.
Mr.. Bailey-As to dollars and cents the
policy of acceptance is good; as to principle.
l think it bad.
AT this point Deputy Attorney. General
White, who had entered while Mr.. Buckley
was speaking, addressed the Board, and said
the Attorney. General would resist the pro-
posed compromise, and, if necessary, exert
his supervisory power over District Attorneys,
to prevent it when it came up in Court. be
said that officer would hold the county for
the States share of the tax on the assessment
as made by the State Board. He took, he
said, an opposite view of the law from that
entertained by the District Attorney. He ad.
mitted that the remaining question was as to
the possible conflict of the law of this State
with the Constitution of the United States,
wherein it provides a special method OF
assessing railroads.
Mr.. Buckley replied to Mr.. White and re.
asserted his former position, and pointed out
that the latter did not evidently understand
the law under which the offer was made.
Mr.. brennan moved to postpone two weeks
Mr.. Wilson said he was ready to vote. 1t
was we'll known that the assessment by the
State Board was fully one-h half more than any
assessor ever before made it, It is simply
fair and just to settle on the basis offered.
Every member of the Board knew the assess
ment of the corporation was excessive. Local
Boards were as well or even better qualified,
by reason of long experience. than the State
Board to assess. The evidence had been
before this Board that engines assessed at
Sl2. 600 could be put here even from the
factory at 5000; that railroad lands had
been assessed at $50 while other like lands
had been placed at S20 and this Board low
cred it. The defendants propose to pay on
higher rate than ever before assessed. Where
then was the wrong? He had talked with
members of the State Board who admitted
the railroads had been assessed too high, and
it would have been better if they had been
rated lower.
Mr.. brennan agreed with Mr.. Wilson. He
had moved to postpone, not knowing that the
offer had to be accepted inside of five days.
To 90 over one term, then, would not do.
Mr.. Beckley referred to the fact that the
Attorney. General had warned the Board not
to compromise, and that it would be held
dollar for dollar.
MIR. Bailey wanted to do the railroads no
Injustice, but would not vote to compromise.
He couldn't see why they should have reduc-
tons and others be denied
Mr.. Wilson said that was il, they had not
had the opportunity to have the assessment
equalized as other citizens had.
Mr.. Blair would be guided by the advice of
the District Attorney, but he wanted his
opinion in writing.
Mr.. Bailey said he was advised the mem.
bers would be responsible on their bonds.
Mr.. Buckley said he had said all he could.
He had given his view of the law. Let the
l. Ill
matter of coed judgment and tie exercise of
it on the part of the Board. The law gives
the county the control of the suit, and it may
compromise it if it pleases.
Mr.. Butler-As our law officer, do you adj
wise it?
Mr.. Buckley said as to the revenue and the
economy of the matter, yes as to the matter
as precedent and other grounds you must
judge.
Mr.. Christy said he had studied the mat
ter. He was not bounden to any railroad,
nor was he an enemy of any. He held the
railroads had the right to be assessed as is
any other citizen. But they are pot Others
can come before local equalization boards.
He believed The litigation wouldn't be ended
in five years, and all that time the county
would be out of its money, and at the end
might lose it all. He believed in doing the
best for the county now that can be done.
That corporation pays out 81, 900, 600 year
here in wages and $50 600 year in undis-
puted taxes. 1t is therefore citizen entitled
20 a hearing, and this people ought not to seek
to drive it out. He was In places where the
road was assessed SIS, GOO, and it was reduced
TO $4,000, and no one doubts now the justice
of it. The whole of Sacramento county Is
assessed too high. In this vote he was going
to do what he believed right, and settle and
GET rid of the lawsuits
The motion to postpone was lost. Ayes
brennan, Bailey and Beckley. NOes-Wn-
son, Blair, Butler and Christy.
MIR. Blair urged the District Attorney to
file his notes that he had read from, and
wished his written and positive advice.
The District Attorney said Mr.. Blair could
have copy Of his notes, but ne had said all
he felt called on to say.
Messrs. brennan, Bailey and Beckley
thought more ought not to be asked of the
District Attorney He had stated his view
Of the law and the facts, and that was enough.
Mr. Butler still thought his recommendation
ought to be made one way or the other. In
re ply to Mr.. Beckley, the District Attorney
said he believed firmly that the Board had
jurisdiction of the matter. The Supreme
Court decision quoted by Nj. White referred
to the Board as Board of Equalization.
The Board is now at the bar of Court as
sutton, representing the county, and con-
trolling suit it can do with that suit as it
sees ct as to accepting lesser judgment than
that prayed for.
The matter was further debated in the
strain herein indicated, and then final vote
was had, on the motion of Mr.. Christy, to
accept the offer of the defendants and in
struct the District Attorney to accept judg-
ments as stated IN the fer Ayes-Dreman,
Wilson, Blair, Butler, Christy. Noes
Bailey, Beckley.
METROPOLITAN THEATER.-The Gigantean
Minstrels, under Leavitt's management. had
another crowded house last night. The
theater was filed literally from spit to
dome" The company is an admirable one.
LIS snnos ruitticisIns and ACTS are with hnt