Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-01
RAILROAD TAX CASES.
Judgments in Favor Of the State by Coz
sent of Attorney General-Appeal as to
pana1fias and Inta,.art

States Circuit Court at San Francisco were
taken up yesterday morning before Judge
Sawyer. Greed Raymond appeared for
the railroad company, and said that in
reference to the tax cases on the calendar
for to-day it had been agreed by counsel to
submit them on the testimony heard in the
other cases.
The Court replied that if such be the
agreement, judgment would be entered for
the defendants as in other cases.
Judge Rhodes wished to resume objec-
tions.
The Court further this morn.
ing
Mr.. Raymond said the Attorney.G General
was present and it was unnecessary for him
to state that the railroad companies recog.
nized their duty to pay a fair tax. He re-
viewed the offer he made lin chambers)
yesterday, consenting to judgments being
entered for the fiat amount of the taxes, a
memoranda of which he gave to the Clerk
yesterday.
Attorney. General Marshall did not think
he was called upon to say anything he
could not control the defendants.
The Court could not undertake to decide
whether the plaintiffs would be benefited
by such judgments against the defend.
ants. It was the duty of counsel to de-
eide if they would take the amounts ten
dered.
Attorney. General make no objection
to the judgment.
D. NJ. Delmas again begged leave to OBJ.
ject to the judgment. The Attorney. Gen
eral stated yesterday that the testimony
was sufficient for foundation for an APP.
peal. The only thing for the people to do
is to appeal, but the judgments may not
be satisfactory. On appeal, judgments
may be in favor of plaintiffs for the full
amounts. 1t is not proper that the At
torney General should come into Court
and bar the right of appeal by confession
of judgments for less than the amounts
claimed. A judgment cannot be entered
here unless the parties consent. 1t is only
by the consent of plaintiffs that judgments
can be entered for less amounts than
claimed.
Mr.. Raymond understood the right of
the people to appeal from the judgments.
He also understood that the State Treasury
was empty, and many of the treasures Of
the counties interested. The defendants
are willing to pay portion of the tax to
relieve these treasures. When judgments
were entered as he proposed to have them
entered, every lawyer knew that an appeal
could be taken. There was no contest as
to the right of writ OF error. We pro.
pose to put IN the treasures more money
than we ever owed. If we pay more than
we owe we are performing duty, even if
it takes every rail Of the companies. We
have no object in this matter except to put
the money in the State Treasury. where it
belongs. This is the first time in history
of case where taxpayer has been two
long years trying to be enabled to get tax
money in the State Treasury. As an officer
of this Court | know of no other motion of
the defendants The other side know that
they can appeal, as in the Santa Clara case
| know that if a Just God could decide
these cases it would be in favor of the de-
PENDANTS. For the public good judgments
should he entered.
The Court recognized that the Attorney.
General had charge of the cases, and did
propose TO substitute the Judgment of the
Court for his. When both parties accepted
the judgments as entered, they became the
General does not consent, the judgments
will be set aside. The Court did not pro-
pose to advise the Attorney. General as to
whether an acceptance wonld be an adj
vantage to the State or not.
Mr.. Haymond-I think your position
correct.
The Attorney. General said he would be
reluctant to be silent in a case when a
Judgment was not appealable.
Mr.. Haymond-If the gentleman will
consent that question shall not go into the
bill of exceptions.
The Acknowledgement would not agree
to a Judgment preclnded from an appeal to
another tribunal. He was laboring under
an Injunction, but how much respect he
had for that injunction he did not care now
to express. He was not disposed to dodge
responsibility, nor did he wish to be
adiudged in contempt if he could help it.
By the injunction he was ordered to con-
sent TO the Judgment ordered. Had he
not believed ut the best thing to be done
these proceedings would not have gone on.
Such an injunction had not a parallel in
the Christian world. 1t was very embar-
RAISING.
The Court recognized the embarrassing
position of the Attorney General.
The Attorney General then said he be-
lieved he would take the injunction by the
horns and back his opinion by signing the
stipulation, with the distinct understand
ing that it did not imperil the right of ap-
peal by the State.
Mr.. Delmas thought that the violation
by an executive officer Of the Injunction of
SAnE off ftar
and therefore the stipulation should be in
proper form.
The Attorney General responded that
the stipulation occupied twenty pages,
which he had not read, but he was going
to sign it.
The Court-Judgment will then be en-.
tered in accordance with the stipulation.
Mr.. Delmas said he had no knowledge
of the contents of the stipulation. The
Attorney General consents to the judg.
ment but he has not read the stipulation.
The Court-He consents to judgments as
per stipulation, and | will order judgments
accordingly.
The Attorney. General said that in July
last it was announced from the bench that
the six cases on trial were necessary to
cover all the grounds for an appeal to the
Supreme Court With that understanding
he prepared papers in connection with these
cases. He left the city with the under
standing that al these cases would go to
the Supreme Court. But this was not
done. Without any information of the
fact being communicated to my Office only
one case was sent up; the Others were not.
Had the other cases gone with the Santa
Clara case -
Judge Rhodes interruptine) THE find
ings were not filed in the other cases.
The Court did all could to have the
other cases carried up. What is the point
under discussion now?
The Attorney General wish to say if
counsel who are so active in obstructing
the Attorney. General had attended to their
duties
The Court (interrupting) that
matter had better be passed now
Mr. Delmas-I will not let it pass with
out hurting back the reflections.
The Court see what this controversy
will lead to, and do not wish to listen to
quarrels between counsel.
Judge Sawyer thereupon returned to his
chambers and the attorneys dispersed.
The appeals in the other five cases, al
luded to as having been tried, have not
been perfected, because the plaintiff failed
to file the required bonds and take out
writs of error and citations. Had all the