Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-30
DuNN VS.. MARSHALL.
Conflict of Authority in Regard to the
Tax Cases

ISan Francisco Examiner, April 29th.l
Yesterday morning in the United States
Circuit Court before Judge Sawyer ID. NJ. Del
mas appeared and offered a motion that he be
substituted as attorney for the plaintiffs in
the suits now pending for the recovery of
delinquent railroad taxes, in the place of
W. T. Baggett and J. A. Waymire, the pres
ent attorneys.
Judge Sawyer asked for particulars con-
corning the substitution.
Delmas stated that his motion was based
upon the authority conveyed by the appoint
ment made by State Controller Dunn. who,
Delmas claimed, has power to make such
substitution by virtue of Section 1885 of the
Revised Statutes
Attoney-GeneralM Marshall, whow pres
cnt, said that he wished TO be heard at
length upon this subject and requested
postpOnement of the matter for two weeks
stating as his reasons that pressing business
in Sacramento would necessitate his alb
sence from the city on next Monday.
| Judge Sawyer suggested that Attorney
General Marshall could attend to the mat
! ter
| Delmas replied that the motion was not
directed to Marshall, but to Waymire and
| Baggett. He considered that Waymire and
Baggett were the attorneys of record, and
Waymire held that Attorney-General
Marshall was the proper attorney of record,
and intimated that Controller Dunn was
/ exercising undue interference. He at
| tempted to enter into discussion of the
merits Of the question, but was ruled out
| of order by Judge Sawyer on the ground
| that the matter was not yet a question for
argument.
| Judge Sawyer granted Il continuance of
| the motion for substitution until MAY 18th
The letter from Controller Dunn, upon
which Delmas bases his motion for the
substitution, is as follows:
SACRAMENTO, April Is. 1881.
! d. ". DelRdS, ESq.-DEAE SIR You are hereby
/ authorized and empowered To take entire con
/ troll and assume the sole management for the
/ State in the prosecution of the suits now pend
( ing for the recovery of the delinquent taxes for
! the year 1888 upon the following named corpora
tons Central Pacific Railroad Company. South
| eTn Pacific Railroad Company, California Pacific
! Railroad Company, Northern Railway Company.
! san Pablo and Tulare Railroad Company stock
! ton and CopperopoliS Railway Company and the
| North Pacific Coast Railroad Company. Respect
| fully yours, john p. DUNN,
State Controller.
Late in the afternoon Acknowledgement
Marshall filed with the Clerk of the Circuit
Court notifications in each of the railroad
suits in question, directed 10 Wavmirc and
Baggett, authorizing them To continue aS
attorneys for the plaintiff. The following
is one of the notifications, the others being
precisely similar with the exception of the
name of the suit;
The People of the State of California vs. the
stockton and CopperopoliS Railroad Company.
To JdWCS 1. Hdymirc Esq. and UUjtug r
Bdggst Esq: You are hereby requested, author
lied and empowered 10 continue n attorneys of
record for the plaintiff in the above entitled
cause, and subject to my instructions, to eXer-
else entire control of said cause.
L. G. MARSHALL. Acknowledgement
san Francisco, April -, ISL.
In reference to the matter DclmaS stated
to a reporter that Controller Dunn. in
February last, appointed Waymirc and
Daggett To act as his attorneys in the cases.
Atterwarl for reasons of his own. Dunn
| desired to withdraw his appointment and
so notified them. \ short time since the
Controller asked Dclmas To represent him
in the suits. but the latter declined To do
50. Finally, at the urgent solicitation of
Dunn he agreed to do So and received
| letter substituting him as the attorney in
the place of Waymire and Baggctt.