Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-10

At the meeting of the Assembly Judiciary
Committee yesterday morning to inquire into
the status of the compromised tax eases. eX-SiI-
prcmc Judge ". ". Cope WAS called upon for an
opinion. lie said h was in no wise Interested
in The matter and should deal entirely with the
legal questions involved The bill of cNccp-
tions referred to were placed in his hands on the
Slh Of March with the request that he
should examine aud give an opinion whether or
NOT the rights of the state were preserved.
He said the history and facts of the ease had
been sufficiently given, and that he should con
fine himself purely aud entirely to IA legal qucs-
ton Was il u consent iudg1ncut2 If So mcr,.
the right, of the State protected bv the stipula-
tons lie referred to the ease alluded Ia by
Judge WavmiTc in t. : Reports lUl PAGE 2gi
and also to cases in the 37th California These
were i'm some respects similar cases The iudg-
mcut in the tax cas4s he claimed was not Il
consent Judgment II could not bc a consent
Judgment for the reason that it was expressly
agreed and simulated that il Sl9Hd not be n cJjI-
sent j,td,upcid The Judgment was made on the
express understanding and agreement that each
and all the rights of the State should be- 80 re-
served He clailncd that il was coIupcteut for
the Court to recognize the COMPROMISE rcserI-
ing the appeal on the penalties and costs He
SAID he diSiikcd very much to differ with the
distinguished legal gentleman Mr. Hclmas III
this matter blt. me asserted il is an cXtraya-
CANT statement for any attorney OF iuriSt 10 saw
THAI the rights of The state We're waived by that
Stimulation, They were entirely 50 reserved
and the Courts will not allow them to 20 back
on their solid agreement. In conclusion he III
do9~cd the position of the Attorney General.
was satisfied with the case al il now stands and
In his opinion all the rights OF the people in the
matter mad been fully preserved in the proceed
ings
EN-Attomcy- General Thomas II. Williams, of
Oakland vino was present, was invited 10 ad-
dress she committee. He said he came here
purely from curiosity to hear the discussion.
without the slightest idea of being drawn into
the matter. He had and would have no per
soual feeling in the matter The case. he said.
had become rather personal matter between
the Acknowledgement and IL distinguished attor-
uey Mr. Delmasf both of whom he knew per
sauallv and for whom he had the utmost admir-
alton and respect He had become acquainted
with the case through newspaper reports and
published open letters. and he very much regret
led the shape matters had assumed The cases,
hc said were pending FIVE or six had been
carefully tried facts were found bv the Court
prepared by the attorneys records made and
aNcr elaborate arguments the Judges rendered a
decision against the state The Circuit judge
announced that The same iudginen; would he
entered in all the cases The Acknowledgement
requested that the defendants be allowed Ia pay
The ficc ofthc taxes. which was done. 4 bin Gi
exceptions was prepared. and Il stipulation also,
ut,on which this Judgment was rendered. An
apteal from that stale of facts Will hold good.
The hooks ar. fun OF cases that have been en-
tertaincd bv the Supreme Court OF the United
states wh,r, g similar state of facts have come
IN and have always been considered The
I'iIifcd States supreme Court is more liberal
,han The state Courts in such matters The
Attorney General has moi waived single right