Omaha daily bee., 1882-12-22
Lively Political Speeches by
Senators Conger. Williams
and Othsrs.
The California Railroad Tax
Gases Argued in the Su-
preme Court.
Synopsis OF the Speeches OF Ed.
munds, sandsrsop, Hart
and Hrewster.
The Land Grant Railroad Lobby Too
Numerous to Mention.
CAPITAL NOTES.
peciA d ispatches to The BEE.

CAPITAL NOTES.
Special D ispatches TO Tan BEE.
U OWN LAMBERTsoN,
WASHINGTON, December 2I.-The
president nominated Geo. NJ. Lam.
bertson to be United States attorney
for Nebraska.
MAIL BURNED.
A telegram received to-day from
the superintendent of the mail service
says the storage Car on trsin 10, New
York and Chicago railway postofioe,
with contents, burned about 2 o'clock
this morning, six milea west of Sche-
nectady. 1t contained mostly news.
paper mail for the Toledo and Wabash
connection, but part of the paper
mail for Iowa, Wisconsin and Ne
brasks, three pouches of letters for
Chicago, from New York City, two
poucht of letters for San Franci,co,
and much of European mail for Chi
cago and San Francisco, which arrived
by the Bothnis, City of Chester and
the st. Laurent,
RoKEN ENGINES.
The engine of the United States
steamer Ranger broke down off Mex.
leo. She is going to San Francisco
under sail for repairs. This stops
surveying in ths Pacifi, for the re-.
mainder of the season.
FENCE BILL.
The public land committee to-day
adopted a substitute for PIcheco's
brush fence bill. Its provisions apply
particularly to California lands.
THE SUGAR DUTY.
The ways and means committee this
afternoon approved the classification
Of the sugar schedule rs made in the
tariff commissions report, and also
agreed to recommend the adoption Of
the polarissope test, hut raachad no
decision as to rates.
II CALIFORNIA TAX CASES.
There was a good attendance at the
supreme court to-day, but at no time
one.half q large as On yesterday.
Members of the bar made up most of
those present, though there were sight
seers dropping In during the day.
Attorney General Hart resumed and
finished his argumec. by n o'clock.
He devoted most of h:s speech to the
elaboration of two OF the leading
points Of his brief, to.wiS: that the
power of the state in apportionment
Of its taxes is one which has hitherto
been held to be unlimited by any pro-
vision of the federal CONSTITUTE On, and
likewise the right of apportioning it's
taxes hes been held to be within the
exclusive jurisdiction of the state,
Leaving this, he dwelr considerably
on his concluding point, that under the
constitution of California corporations
sre subi, cot to absolute and uare rain
cd c9ntrol of the legislature, and this
control involves a unliniced exercise
Of the taxing power. Hart's argu-
ment was q thorough presentation of
the principles of the case, devoid Of
sensation. 1t was a careful and strong
offering of the states side of the cnse,
and, as such, deserved the commenda.
tion it received from all who
heard it.
Senator Elmunds then bHgan,
speaking 40 minutes. He argued
that the railroad had been denied the
right to be heard before the board of
equalization, explaining that to deny
10 not only to refuse when sought, but
1t is TO omit to extend, to fail from
any cause to do equal justice and 3D.
cure equality of burdens. The court
could do what the railroad ASKED for
give them a hearing without any inva.
sion of states rights). he commended
that in respect Of the personality of a
corporation under the constitution, the
rights here drawn in question are as
completely personal as If the corpora
ton were O. private partnership, for, in
respect of such questions, a corpora
ton is merely an association Of private
persons with their aggregate means for
the accomplishment OF just objects of
public value. That could % be &C.
complished without such aggregation
of capital and cooperation of individ-
usl enterprise.
The argument of Judge Sanderson
differed from others in that he at
tackled more severely section 1864 Of
the political code of California, hold
Ing that it was not law, not having
been passed by a ms of the mem
bers Of the legislature, and therefore
must be disregarded by court In dis.
posing of the question before it.
Next he insisted that it was clear the
defendant was a person within the
meaning of the federal constitution;
that the reyenue laws of California, SO
far as they Disseminated sgainst the
defendant they isolated the fourteenth
amendment; that the franchise en-
joyed by the road did not come from
California but from congress-, and thai
the tax was illegal. Judge Sandersor
% two OF three extensions of tins
from the court, receiving in this way
fifteen minutes time that should hay'
been occupied by Attorney'Genera
Brewster in closing the case. Still
Brewster used ito tiaae ne did get e
such good purpose that no harm Wa
done. He was entitled to thirty'seye