Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-20
ABSOLUTELY VOID,

Aud that no injunction was necessary in
order to protect the interest of the railroad
company. Upon this legal decision the
railroad company, in two cases in which
the injunction had been dissolved, applied
to the Superior Court aad obtained writ
of prohibition forbidding the Tax Collector
of Sacramento county selling any of its
property, upon the ground that the assess-
ment was void on its face. The writ of
prohibition was issued because the Supe.
rior Court of San Francisco had decided
that equity could not interfere, because
there was remedy at law, and the pro-
hibition was one OF those remedies The
attorney of the railroad company tele.
graphed to the Controller that if he would
Withdraw the property from sale the in
junction would not be prosecuted, and that
all the District Attorneys might be tele-
graphed to, in order that no further ex-
pense might be had in the matter. The
Controller did not accede to this, and the
Injunction suits were not dismissed In
open Court, as the records will show, the
attorney for the railroad company of
cred 10 stipulate with the Attorney
General on behalf of the various
counties, to meet the case on its
merits at the earliest possible moment, and
to agree that all the conditions prescribed
by statute as precedent to the maintaining
of suit by the counties had been faith
fully performed. But the Attorney. Gen.
eral refused and insisted upon technical
objections to the injunction suits, and
moved to dissolve all of them. This mo-
ton came up for hearing before Judge
Waymlre on the l4th of this month, and
was denied, go that all the injunctions
stand, except in the two Sacramento cases,
and there writs of prohibition.
Several OF the counties have brought
suits against the company to recover the
taxes of both yesrs, which suits will be
promptly met. We are advised that the
railroad company never at any time has in.
tended to evade the payment of these
taxes, but has at all times offered to pay
greater rate than is assessed on any rail.
road in the United States, and intends to
pay such rate even if it should be sue.
cessiul. The principle for which the rail.
road company is fighting interests every
citizen in the State; it is one involved in
the doctrine of local self government.
Some counties are said to be behind, by
reason of the failure to receive the railroad
taxes. Ii so, it is
THEIR OWN FAULT,
Because the railroad has been ling at
any time to pay into the county treasures
OF the various counties money enough to
tide them over, and to do this without the
counties waving any of their rights and
upon the express condition, that the rail.
road company will not sue to recover back
the money in case it prevails in these suits.
In the county of San Diego, which, per
haps, has suffered the most, and in which
the schools have been closed, the railroad
company two months ago made this offel
to the Superintendent of Schools of that
couxty, who did not appear to be very
anxious about it, and nothing came OF it
until District Attorney Smith Of that coun
ty visited San Francisco; when the stu
alton was explained to him, matters were
satisfactorily arranged, and about $25, 00t
has already been paid into the treasury o.
that county.
Under the Act of 1850, the State hal
delegated to the counties, without an!
reservation whatever, the whole powe
over the matter. In every case wher
counties bring their suits, the railroad com
pany will come in, waive all questions o
the legality of the tax, and offer to ALLOW