Daily Los Angeles herald., 1884-03-06

WV tnttutbtN tht
Times. in its issue Of yesterday, had
some structures upos the course Of At |
torney- General Marshall. II that OIL.
eial has been as careful Of the rights Of
the people as the most authentic ac-
counts indicate, we do not think that his
course Is open to animadversion. While
II Is true TINT tho Governor and the At
torney-G General differ as to question Of
public policy, the difference is not ono
which Affects the integrity Of the Attor.
nsy.G General. Each may conscientiously
hold the position he has assumed in the
matter Of the railway taxes. The
whole controversy turns npon nico
point OF law, and while the mass Of the
people honor the motives Of the Cover
nor, and give him full credit for the best
intentions. there are not few who be.
lievc the large sum rendered by the
railway campany in payment Of its taxes
should be accepted as 80 much on &C.
connt Of their over due taxes in view Of
the fact that express and emphatic stip.
ulations reserving all rights Of the State
and Of the several counties to the re-
inAinder Of the sums claimed have been
made. The same issue Of our contem.
porary which contained Its structures
upon theAttorney- General also contained
telegram from San Jose in which II was
stated that the attorney for the railway
company, in rendering the face amounts
of the delinquent State aud County
h. ar yissQr 81 and 'S2, also offered
- QPalation that the acceptance
-~'should not prejudice the right o. the
''county to collect through the courts
''the Ave per cent. penalty and interest. "
II language has any significance, this
proposition Of the railway guarantees
the amplest measure Of protection to the
people. After all, II is supposable
case that the railway company may win
IL canse in the courts, although we do
mot believe it will. Should 1t do so,
the whole tax levies Of the years
mentioned would be lost to the State
and the counties, while, by accepting
the face Of the taxes, that much would
b . very valuable bird in hand. On the
contrary, II the people should win in the
appealed cases, the identical machinery
which would be available to collect the
principal, interest aud penalty would
also be eiiicacious In enabling them to
recover the lesser sum stiQ due. While
there may be legitimate difference of
-oPinf6h as the advisability of the ac-
csptance OF this tender, there is certain.
" nothing in the transaction which jus.
tiles even the EXTREMIST partizan jour.
nal In imputing lack Of integrity to the
law officer Of the State government. The
intimation that he has surrendered to
the railway, on the face Of the facts as
developed, is gross and indefensible
one. II this is not question on which
there may rightfully be differences Of
opfnioa we despair Of such a conjuncture
ever arising. II any opponent Of the
tender can show that there is An African
anywhere in this railway taxation wood
pile, his business, If he desires the we'll
being Of the people, is to point out where
II Il. As the case stands, under the set.
tlement proposed by the Attorney Gen
eral. the people get part Of their money
and retain their legal right to the bal
ance. As We understand the question,
the position Of the Governor aad State
Controller is that no State or county
official Is authorized to accept u less sum
than the face amount of the taxes, with
interest and penalty, and it does not 10 to
the expediency of the matter at al. This
is . pure proposition of law as TO which
lawyers win doubtless disagree. The
common sense solution of the difficulty,
It appears to us, would be to take what
the State and counties can get for the
asking and wage legal battle for the
rest. Meanwhile, it is to be hoped, the
Legislature, in the extra session, will ap-
ply itself to the rectifcation Of our sys.
tenn OF taxation in accordance with the
new lights that have been cast upon the
subject.