Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-11-12
TIE RAILROAD TAXES.
The Meeting Held to Arrange for Appeal
to the Supreme Court.

The proposition made by the Central and
Southern Pacific Railroad Companies to the
Governor, to compromise and pay the taxes
upon said roads, was as follows: The unpaid
taxes claimed for the years 1880. 1881 end
1882, to be adjusted upon the basis of the
valuation fixed by the State Board of EQUAL.
cation upon all the properties in the year
1882, and pay the principal of said taxes for
said three years as though such properties
had been valued at the same rate for the
years 1880 and 1881 as they were valued in
the year 1882. In order that the Stats and
counties interested may receive the principal
sum net, also to pay the Court costs incurred
in the litigation, and counsels fses at the rate
of 10 per cent on the sum to be paid. As to
the taxes of 1888, not yet due, the companies
in question propose that when the same
become payable, promptly pay TO the Con-
troller and Treasurer, for the State and coun.
ties interested, under the provisions of Sec
ton 1869 of the Political Code SIS amended
in 1888, a sum sufficient to equal tax COM
puted on the valuation of 1882, and agrees
that the State and counties shall not be pre-.
JUDGED in their rights, if any, to recover by
suit the balance claimed to be due. Under
this proposition the State would receive about
$3.50, 900, and the counties about $3.50, 900 net.
The Governor, Atterney-Generala and Con-
troler take the position that there is no one
authorized to make compromise upon the
part of the State, or to accept any amount
other than in accordance with the different
assessments. and in pursuance with the circr-
lar letter from them, delegates from the
Boards of Supervisors of several counties in
terested in these taxes met at the Supervis--
ors' rooms in San Francisco on Saturday.
The counties represented and delegates were :
Alameda, IL. G. Dusterbery; Santa Clara,
III. ii. Main. N. o. Watson Monterey, the
full Board of FIVE Supervisors Tulsre, w.
81. Hammond; San Joaquin, VIM. Ennis /;
Suffer, James T. Lesry : Colusa, j. +. Ke-
ran; Santa Cruz, Edward Martin; San
Matec, Mr.. Green; Nspa, W. W. Lyman (;
Fresno. Thomas Waggener; San Francisco,
j. Il. Smith.
The Attorney General stated that the OBJ
ject of the meeting was to arrange for paying
the costs already accrued and those to be
added in carrying the appeal through the Su-
preme Court Of the United States.
II. Il. Main, of Santa Clara, was made
Chairman of the meeting. and w. II. Hsm-
mopd, of Tulsre, Secretary. Controller Dunn
stated that thirty-fvs counties had been in
vited to attend the meeting, and that only
fourteen were represented. Mr.. Green, Of
San Mateo, said the company had paid its
tax due that county last year, and that there
was therefore no delinquent tax there TO col
lect.
After a free discussion ss to the expense
likely to be incurred in the appeal. and as TO
counsel to be employed, in which there was
wide difference of views, a motion was made
that the counties represented at the meeting
agree to pay their respective prop ortions of
the necessary funds to carry out the object
proposed.
Upon roll-csll representatives from Ala
media. Santa Cruz. Tulsre, San Benito, Napa.
Fresno, Monterey, San Joaquin, Suffer and
Colusa voted aye; San Mateo voted no. Mr..
Smith, of San Francisco said he had no au-
thority to act in the premises, as he was only
appointed to attend the meeting, and not to
act. Mr.. DusterDery, of Alameda, said he
was in the same dilemma, but that he had
voted aye, trusting to his county to ratify bis
action. Colusa county at first voted no, but
finally, upon assurance that in tbs event the
State wins the money should be refunded to
the county, its vote was changed to aye.
Mr.. Martin explsined by saying that he
voted in the affirmative upon the understand
ing that it was mere formal expression of
opinion on the part of those present, and that
the counties were not bound by it. This was
also the understanding of others who repre-.
sented other counties.
This expression called forth the remark
from one Of the delegates that he could see
no use in holding this meeting if ths action
taken was binding upon no ore. After come
further remarks, a motion was made by Mr..
Martin, of Santa Cruz, that the Controller
apportion the expenses among the counties
according to their respective interests in the
matter, which motion was carried.
Another notion that 81, 600 be given to the
Attorney Genersl for his expenses in going to
Washington to attend TO the case, was also
carried Mr.. Delmas, of Santa Cruz, was
made associate counsel with the Attorney.
General, and a like amount guaranteed to
him for expenses.
A recess was then taken to permit the
Attorney. General, State Controller AID Mr.
Delmas to hold conference for the purpose
of agreeing upon the portion of the 10 per
cent. allowed by Law for collecting delinquent
taxes, that shall be considered as due to Mr..
Delmas for his services in the case.
TIE result was announced in preamble
and resolution to the effect that the Attor-
ney- General and Controller had agreed upon
331 per cent. of the 10 per cent. recovered
for counsel fees, and Resolved, that said
Delmas be so employed by the counties to
assist the AttorDey-General in said appeal,
ard the counties guarantee said Delmas said
331 per cent. in case said 10 per cent from
any cause should not be available to pay said
Delmas said fee.
This proposition was approved by the
meeting, which then adjourned.