Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-28
The EXTRAORDINARY OCCASION. F."

[San Francisco Chronicle, March 27th.J
If any one can have the patience to read
the Governors message to the extra session
the second time he will discover among its
jambled and confused recommendations one
that is more distinctly made than all the 9th.
ers. After referring to the recent payments
of the principal of the tax by the railroad
corporations as compromises" which should
be set aside. he says 81 therefore recon-.
mend that you provide by law for the en-
ployment of special counsel for the purpose
above mentioned, and that you further pro-
vide for the payment of costs and expenses
thereof" The law, as it now stands, pro-
vides that in certain cases counsel employed
by the State shsll be paid 10 per cent. OF the
tax when collected, such fees to be paid by
the delinquent. The amount involved in the
old tax cases for 1880, 1881 and 1882 was ST.
0j9 eco. The council fees on this sum would
be Sl05, 900 The suits were brought by the
District Attorneys in their several counties,
but were soon transferred to the Circuit Court
in this city. There were over thirty District
Attorneys interested-so many that it was
necessary to have some one in charge of the
litigation. The Attorney Ge nsral took charge,
by virtue Of his office, and employed certain
attorneys to assist him. Judge Rhodes had
been employed by San MateO county, had de-
voted q great deal of time to the litigation,
and had deliberately argued test case before
the Supreme Court of the United States.
That Court directed other cases to be tried
and appealed On this trial new counsel
cana into the cases, among whom were sew
eral distinguished and able lawyers. They
were to be paid pro rata division Of the 10
per cent. We are informed that an agree-
nent to this effect was made with the Con-
troller and the Attorney General.
d. 81. Delmas was one of the new attor-
neys He had been employed by Santa Clara
and Monterey counties upon liberal terms.
At the trial he was allowed to lead. He
occupied the time of the Court almost to the
exclusion of other counsel, and caused 5000
copies of his argument-Inore rhetorical than
logical-to be distributed to the press and the
public at the expense Of the State. The
other attorneys were content with printing
few copies OF their arguments for the use of
the Court and counsel. MIR. Delmas was in
vited by his associates to argue the cases be-
fore the Supreme Court of the United States.
Becoming convinced that his services were in
dispensable, he demanded of the Controller
and Attorney General fee of so, 900, not
,FithstandiDg his previous agreement to work
for a share of the 10 per cent The treasury
was empty and his demand could not be con-.
piled with. He then prevailed upon the
State officers to convene representatives of
the Supervisors Of the several counties inter.
ested in the tax suits, osteusibIy to provide
funds for carrying on the Appeals. Out of 80
counties, II sent representatives. They pro-
vided a fund of $4,000 to pay costs,
including $40 for Judge Rhodes,
who was then in Washington attending to
the CASES, and $1,000 for Mr.. Delmas' ex-
penses to Washington. After this was done,
the representative from Santa Clara county
moved that Mr.. Delmss be employed to ar
gus thu cases 10 Washington, and that he be
paid one-half of the 10 pee cent. to be COL
lected IS counsel fees $50, S50), leaving the
other half to be divided among the numerous
other attorneys. incluaing Judge Rhodes, ..
whose suggestion Mr.. Delmas had been en-
ployed. This modest proposition was referred
to the Controller and the Attorney General,
who were present. For two hours they Ia
bored with the distinguished attorney to in
duce him to abandon the demand, as unjust
to his associates. He was inexorable. aud, to
avoid disaereeahle results, they finally sgreed
to assist in giving hin one-third of all that
came under their control. The next day,
without consulting the Attorney, General or
any other attorr e in the cases, ne telegrsphed
Judge Rhodes to let the cases go over the
holidays, which was equivalent to o continu-
ance OF year. This he desired to accommo-
date his own practice, as he was engaged in
the Cotton suit, which would come up for trial
in December. At this stage of the proceed
ings the relations of other attorneys in the
case, and especially of the Attorney-Gen.
ersl, became somewhat unfriendly toward
MIR. Dslmas. His arrogance vas unendura-
Bile. Hence, when the propositions to pay
the taxes were made by the railroads the ad-
vice of Mr.. Delmss was not specially sought.
AS he was expecting big fee, and coDtem-
plating the glory of arguing a case involving
I" a million of dollars, sir, he was opposed to
any compromise. 1t would be fatal to the
dignity of the State" Judge Terry had
secuted the idea of there being any struggle
for principle. and had declared the contest
simply one OF dollars and cents. When the
taxes were fualiy paid we find Mr.. Dslmas IN
consultation with the Governor suing out
foolish in1uuctions to keep the money out of
the treasury, and advising the calling of a
special session of the Legislature to surrender
the only principle involved 10 the tax litiga-
tion-the right Ct the State to tax its citizens
in its own way by such determinations as it
deems proper. And when the Legislature
meets we fad n message, dictated evidently
by the same attorney, recommending that
little matter of the counsel fees. This is the
extraordinary occasion for the extra session.
To fee lawyer the State must pay out $50,
600 or 800, 900 for the expenses of an extra
session. II the Democratic party wish to
sumo the responsibility. let them do it. No
wonder Mr.. Delmas is non-partissn.