Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-07-23

decided without argument don't want 10 venti-
| lat, my ignorance on the subject. | am perfectly
satisfied to bow to the Court Ii we have to discuss
it, however, it will require long time both for
preparation and argument.
JDstice Field-There are some things in the ar
swer would like to heaT counsel upon, asite from
the Federal questions. There is one allegation OF
significant character. l don't know now lar that
would invadate the assessment. For instance, 1t
is alleged as part of the roadbed that the Board OF
Equalization assessed the ferry boats that run from
San Francisco to Oakland. do not know that that
would invalidate the assess sment, but 1t IL point
that would liks to hear counsel upon. That, of
course, is not Fe ieral question: but as the whole
case is here must decide both State and Federal
questions. | say would like to hear very much
from counsel and il counsel has any suggestions 10
make 10 the proper Interpretation Of the stipua
ton in the mortgage. That is question upon
which we never have heard counsel The argument
before addressed almost entirely 70 the Federal
questions. But there are two points in this answer
on which should very much like to hear what
counsel has TO say. do not make any suggestions
70 counsel, bat should be very glad to hear an ar
gument. have not heard any opinion on the fact
Of intending tie value of these boats in the assess-
ment | would ike to hear what counsel has TO say.
Attorney General advised officially know,
against 50 doing. It is an important question
Justice Field--if that action shouid Vitiate the
assessment, ths officers had better know it, that
they may avoid it in the futurs. / kaow nothing
about it. want Information
Attorney -Genersl-The fact is, it IS not very well
stated.
Justice Field-I supposed it was. if you were going
to demur toit
Mr.. Rhodes-I would suggest that, as portion Of
the answer has been restored, we may want time 10
demur TO it,
Justice Field-They are mere recitals Of statutes
They not controgertible matters. You eau
not traverse the matters that are on the statute
book.
Nj. Rhodes-My associates, in drawing the de-
murrer did il with great care, anG tri5d 10 cover ali
points, but, as a part cI the answer has been re-
stored, they may want more time
Justice Field-You would like to have uHti! to-
morrow morning
Judge sawyer-Are there any allegations of pure
facts not conclusions that are TO be drawn from
these facts but which ready fol- testimony
Mr.. Rhodes-There
Judge Sawyer-As TO the allegation that when the
assessment was made there was no deduction on &C
count Of the mortgage, suppose thst there will be
no dispute or that; when you c, me to sit down
in all probability there will be few, If any, pure
questions of fact not agreed upon; and on these
| suppose the evidence viii be conclusive one way
or the other Why rot draw up findings Oh a state
ment and present it to the Court and then, ii you
have evidence, let that be put in, and then the
whole case decided.
Mr. Rhoies-I hat is . sensible way, but it IN
wolves the SAM difficulty IS before.
Justice Field-The case is an universal one, and
h s, probably, attr cted more attention out Of hs
state than in it. There Is great interest in it. be-
eluss Il II = great quest on whether il the assess
nslt Uf property foT t3Xss it "a competent for the
state b. make the assessment dependent upon the
ownership Il properly. It is great Fe }eral Ques
ton Before the amendment TO the Cons tuition
State could Select uaess it WAS prohibited by its
own Constitution, any ten men in the State, and
could have got from their property the whole reve-
nue. Of the State. do not think they do it
now under the -Four teenth Amendment. Before it,
undoubtedly it could be doTe. There nothing
in the Federal Constitution TO prevent it. The ques
tion now is, can they do il now Can they sci ct
ary ten, twenty or hundred persons? Can they
select any except all In other words, does not
nd lia fapa all
just taxation, and if it does any State determine
differently? If the Fourteenth Amendment does
not prohibit 1t, they can. Now, there were many
things that the States could do, and the books
are full Of cases before the Fourteenth Amend.
ment that they cannot do nov. certainly have eX-
pressed my own opinion on that point, and If am
wrong want to be corrected, for is of the great
est consequence II the State can still say wen
select the property of church corporations and say
we will assess their property at double value Of
other peoples, or what is the same thing, we won't
allow deduction from that value which we allow
from other people property IL Is important that the
country should kr9w il. Ii ahey can select they
may take churches, universities, insurance com
panies, rolling mill companies, Touring mill
panies, saving bank companies, and say because we
don't like you, because yon are doing something
wrong, your property viii be assessed at double its
value, or will not allow deduction as to others.
II is best to know it. In question OF that gravity
it should not be thought throughout the United
States that anything has been kept back That is
the feeling have about it. | do not want any one
to say that the facts were wrongfully presented,
wrongful admissions, that anything kept
back that would have aided TO Just decision. And
if the Supreme Court says that the States have the
power they had before the amendment, am willing
to admit it.
Attorney -General-Your Honor does not mean to
say that any counsel for plaintiff has maintained the
negative OF What y you have laid down.
Justice Field-I do and it was maintained be-
fore the Supreme Court at Wsshin ston. 1t could
be done before the Fourteenth Amendment, but By
the amendment all persons stand in equality, enjoy
the same rights and are subject TO the same bur
dens.
Attorney General believe the people who made
the Constitution of California did not propose that
there should be other than equality. IL was made
by ground swell. Your HonOr5 will agree with
me that after the accusations that have been made
the case had better been tried.
Justice Field Il have no suggestion to make. We
to sit here and try every question presented TO
u.s. Certainly, il n fact is matter Of record, why
do you want any evidence about il ? II your proper
officers have kept proper records, aud they ad
duced, that is an end OF it.
Attorney-General-It would be safer to see all the
records they have
Justice Field-It would be, and want you to do
it. will say-anxious / To have a vacation
after some years laborsI will sit here till Janu-
ary, if necessary
Attorney General-It will not take so long.
Justice Field-Do you want until the morning?
AttOrney-General- Yes, SIR.
Justice Field-Then take until the morning and
then come and say what you viii do.