Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-06
AssAILIKe qRg COURTS.

There is, evidently, on tine part of the
San Francisco Chronicle. deliberate pur-
pose to arouse in the public mind doubts
as to the integrity Of the Federal judges
before whom the railroad tax quits are now
pending, This, it is clearly apparent, 10
done for mean and vicious ends, and is
characteristic Of the methods of that con-
scienoeless journal. Generally, comments
upon pending civil cases are to be depre-
Gated, but in this instance the assaults,
direct and by innuendu, are too shameful
TO be allowed to pass unrebuked. We have
no means Nof judging Of the rulings of the
Court save by theie face, and on their face
they are unquestionably bus the simple
and wholly defensibls interpretations of
the law that excludes, and wisely, imma-
terisl matters from consideration. But
because of the exclusion of irrelevant tes-
timony, the Court is asssiled with vim
dictiveEess all the more vile because falsely
assumed to be ia the interests Of the pso-
pie, whose liberties depend upon the faith
fulness of the Courts Of the country TO the
laws of the land A simple statement of
the CAGE, es it sppsars 20 the lay mind, viii
disclose the Interior purpose lurking be-
hind the forefront Of the assaults. Last
year railroad tax csse went up from this
State to che Supreme Court of the United
States. Shortly after appeal, the respond
ents averred that certain material facts had
been suppressed, and the changes were
diligently rung upon this by the Chronicle
and the whole line of sensational journals.
Evidently the Supreme Court resolved
that the case should not be passed upon
until other similar cases came up, in which
the Court below could have full opportunity
to bring to light every fact having ma
terial relation to the matters ct issue.
Appearances indicate that the decision of
that casa has been reserved to await the
pending cases. we cay, and there will be
none, we think, to doubt the wisdom of
this pause after the innuendoes INDUCED in.
The present trials have ahown that the
broadcast latitude consistent with the ad-
ministrstion Of justice has been allowed,
and the issues ought not to be clouded in
the public mind. as the Chronicle is clearly
aiming to do. As we understand it, the
rulings out of which 50 much capital is
being manufactured for Interior purposes
are easily understood and simply in accord
with the law and practice. The corpora
tions proceeded against offered to prove
that the mortgage on the lands assessed
had not been subtraoted from the vslua-
tion of the property listed. Each piece Of
land taxed bsars it's duo proper
ton of the burden of the mort.
gage. The fourteenth amendment to
the Constitution of the United States de-
clases that no State shall make or enforce
any law which shall abridge the privileges
or immunities OF citizens Of the United
States, nor shall any State deprive any
person of life, liberty or property without
due process of law, nor deny TO
any person within its Jurisdiction
the equal protection CT the laws.
a corporation is person, and guaranteed
the rights aud immunities TO which all
other persons are entitled. a corporation
is an aggregation of individuals. and acts
affecting the corporation affect them in
their natural character. The State consti.
tuition declares that all individuals, except
railroads and other qussi-public corpora
tiors, shall have the right TO have mort.
cages, which, fer the purposes of assess
ment and taxation, are deemed and treated
as an interest in the property assessed,
subtrsoted from the value of the property
listed for assessment. Now, the railroads
claim before the Court that this is dis
crimination by law on its face, and that
they could 60 to Judgment on thai issue
alone, without any proof of facts. When,
therefore, The railroad corporation offered
to show that the landed property of the
compsny is morsgaged, the States attorneys
admitted she fact, but claimed the right to
show that The mortgage referred Co is held
by the Stockholders Of the corporation.
Judges Field and Sawyer, on objec-