Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-14

PENDANTS from costs Of suits when the rec0y-
cry is not in excess Of the offer etc.
z. The offer and acceptance and entry Of
Judgment takes the place of, and has the
same solemnity. as the verdict of q jury or tie
finding of Court, and will not be set aside
except for reasons that would disturb ver-
dict by a jury finding by Court. Au-
thorities read in support.
s. Section AIS, Code of Civil Procedure,
provides when judgment may be set aside,
to wit, when it has been taken through in
| advertence, surprise or excusable mistake.
| Neither of these causes are set up here.
They allege fraud, but issues of fraud are not
to be tried on afidavits, as every lawyer
knows.
9. Neither plaintiff nor defendant COM
plain. But even if plaintiff came in COM
planning, it could not set up fraud on such a
motion as this.
10. While defendant has nothing to do
with the policy of the Supervisors of Sacra-
mento county, and while it cuts no figure in
the case, yet, as it has been dragged in, the
defendants say that the acceptance of
their offer was an act OF wisdom. 1t was
what any careful business man would DO. It
was good administration. Here were doubt
| full claims. Those for 1880 almost beyond all
question valueless. the others in grave doubt,
the litigation promising to be well nigh end
less, the defendant resisting at every point,
but offering to pay the larger part and cease
litigation. This the county accepts, because
it is sound financial sense to do so.
IL. But the Acknowledgement says the Su-
pervisors have no power to do as they did,
and cites Nevada case. There the appeal
was taken by the attorney of the plaintiff,
not by stranger to record. The statute of
1880 authorizes counties to bring actions for
delinquent taxes in their own name, and
whether for county or State taxes or both
That is clear authority to bring the suit.
It makes the county plaintiff without any
restriction. So it has all the powers of any
plaintiff in Court, and all the control over its
cases that any other plaintiff has over its
cases-power to bring compromise, arbitrats
or dismiss. When the Legislature gave that
authority it did so with g full knowledge of
all the sections and provisions OF the Code of
Civil Procedure.
II. But Section 4046 of the Political Code
gives the Board jurisdiction and power to
supervise the action of all county officers
having part in the collection or dlsburslng OF
the public revenue and to direct and control
the prosecution or defense of all suits to
which the county is party.
Is. Now the Legislature, knowing the pow
ers of the Supervisors, having full knowledge
of the provisions of the Code of Civil Procedure,
passed the Act of 1880. Now, in the face OF
all this, where comes in any constitutional
question!
IA. But if it is to be taken up, consider
that the State Board of Equalization is an
assessor that all citizens except railroad COM
panies may appeal-have hearing as against
assessments. The railroads are the only ores
in the State that cannot appeal, not even
against tyrannical power, when the Board
exercises it. Will the Federal Courts permit
such a state of affairs
10. If the State has any claim for extra
taxes she can bring her suit for it.
16. AS to the power of the District At
torney. By the code SECTIONS 1885, of the
Political Code) he is made the legal adviser
of the Board of Supervisors-the man to
whom it is to look for advice in the law.
Suppose the Board had not employed the
District Attorney to bring these suits, bat
had hired an outside attorney to do SO, would
else supervisory powers over him? Certainly
not.
II. But the supervisory power OF the At
torney-General over District Attorneys does
not give him the power to come in and con-
troll suit brought by the county, and to say
to a county that it shall not, or shall, COM
promise or dismiss. He has no supervisory
power over the Supervisors, and they brought
the SUITS not the District Attorney, who is
but their agent.
49, In Al Cal Reps, 497, the power of the
Supervisors to compromise e suit brought by
| them is declared.
The Attorney. General replied:
1. This is not one CT the class Of suits that
may be compromised. Estate and county
taxes" says the Constitution, "shall not be
subject to ompromise."
2. Supervisory means over, above, AID the
Attorney General is over and above the Dis
trict Attorney SO the latter is subject 70 the
former.
3. The statute says the Attorney General
may assist the District Attorney. So that
alone gives the Attorney General a standing
in Court in these cases.
Judge benson took the motion under ad-
visament, defendant having until the 18th to
file brief.
METROPOLITAN THEATER. - Haverly'S
"Strategists" company, under the local man
agement of d J. Simmons, appeared at the
Metropolitan Theater last evening to good
audience. While Mr.. Polk enjoys the dis
tinction Of having his name on the billsin the
largest type, all the members of the company
were as acceptable in the roles they had to
! fill as was the leading man in his. 1.-The
| Ssrategists" is a three-act farce. full of the
| most aDSuru DuE laughter provoking
| situations. From the time the curtain rose
until it fell the audience was kept in steady
stream of mirthfal manifestations, with here
and there torrents of uproarious laughter.
| Tonight will be the last night of the com.
pany here. 1t gives a matinee tomorrow,
| and leaves for the East tomorrow evening.
'The Grandma Birthday Party" is billed
for the Goth instant.
MERCHANDISE REPORT. - The following
freight passed Ogden for Sacramento on
the 10th For F. Baumle, box cheese. 2
boxes bologna sausage; A. Coolot, 1 case
cigarettes; Huntington, Hopkins & Co., car
and boxes nails, cars iron, "a headlights.
| bundles hoes, bundle weeders, l barrel cast.
! irgs, 9 cars iron pipe, % bales hose, l box
pipe fittings, 20 bars steel, bundles rakes, s
crates ard l bundle sledge handles A. a.
Van VOORHEES, & Co., 2 crates oil (; Baker &
Hamilton, boxes hardware Weinstock &
Lubin, 3boxes hosiery, box neckwear, A crates
wire forms, 8 crates and i box dry goods, 3
cases and box hats Anderson & Hamm,
cases hats Hale Bros g. Co, l box hosiery
S. II. Davis, box hardware J. G. Davis, 2
rolls carpet; Waterhouse & Lester, 2 sets
wheels; Billirgsley & Co., so racks pals, s.
crates trays.
PRISONERS ALARMED. - The threats Of
lyuching Raten, the assassin, and the
presence of the military at the County Jail
has frightened all the murderers in that in
stitution. There are confined in the County
Jail at this time five persons charged with
the crime of murder. Rsten, the slayer O.
Lansing; Hurtsdo, who murdered man IL
front of the city prison a few weeks ago
Nancy Hamilton, who killed her husband
and two Chinese murderers. Mrs. Hamilton
and Hurtado are very anxious that the jail
should be we'll guarded, and state that il the
mob once gets into the jail they will make 6
clean sweep, and they will suffer the SAINT
fate as Raten.
INFORMATION WANTED.-MaYor Brown
has received letter from James G. Patrick,
Treasurer of the San Francisco Benevolent
Association. in which the latter says: ave
have under our care the family of Ferdinand
Thomas. They represent to us that he is il
your city sick. but do not know his address
although corresponding with him. VIII yor
be so kind as to have inquiries made regard
ing him, as circumstances seem to point on!
that there is something wrong in the case
He was formerly resident of San Luis
Obispo."
SEVERELY INJURED.-While engaged in
calrimipino tho waIfs Of Marco Mama