Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-08
ASSEMBLY.

IL.
At $50 the Senate adjourned till 10 A. NJ. on
Thursday.
ASSEMBLY.
The House met at 10 \. ". pursuant TO ad-
jOurnment Speaker LaRue in the chair. The
Journal of Tuesday was read and approved
Assembly Bill No. 81, An Act 10 regulate the
vocation of fishing was read Il first time.
The special order of the morning was the fur
thcr consideration OF the resolutions relative To
the entry of Judgment in nanumbcrOi delinquent
tax suits against the Central Pacific and other
railroad companies for less amounts than those
claimed in the complaints in said suits
Barry reviewed the eases referred 10 from their
commencement in the Courts To the present
time. He complimented the Attorncy-G -General
as n learned gentleman and an able lawyer. but
claimed that in this matter he had changed
front, was wrong in his policy and Governor
Stoneman was right The Attorney ey-General, in
the speakers opinion, intended 10 make a final
settlement and end all litigation and intended
that the State should lose the penalties and
counsel fees. The calling of the extra session
was forced by this crisis. The Governor had not
Shrauk from his duty and his conduct was an
honor 10 himself. The decision of the Governor
in calling to his aid The Legislature met the
views of all the good people, Irrespective Of party.
Weaver said he was not in favor of the HOUSE
deciding between the Governor and ATTORNEY
General. The matter had been referred 10 the
Judiciary Committee, who had deliberated on
the matter for weeks, and had decided, 10y a
vote of to g. that the Attorney-General had, in
the settlement of the eases, not waived single
right of the state to recover penalties and coun-
sci fees. The gentleman from san Francisco
Barry had intimdtcd that the Attorney General
was corrupt. II that Is the case, why not like
men, ask him to resign, and if the Democracy
have no better timber we can give you plenty of
talent from the Republican party.
Terry addressed the House. speaking sub
stantially AS follows When for the first time
these two reports the majority and minority
reports of the Judiciary Committee, appeared
upon the general file of this Assembly for its
consideration, | raised my voice in protest
against the Assembly doing what il has been
doing part of yesterday and all this morning
try TO determine Il controversy between those
who are at least supposed to be the best quail
fed members of this Assembly to judge upon
legal questions and there Is no one III this As
sembly but what knows that this difference be
tween the majority and the minority OF the
Committee on Judiciary is, purely and simply
a difference of opinion upon questions OF law.
! simply wish 10 say, at the outset that did not
invite the position in which ! stand. pro-
tested against this discussion but, since it has
come. say let it come"
| suppose that We are simply feeling the pulse
of this Assembly and | claim that il is unde
niably true as Mr.. Weaver has said, that, when
the vote comes to be taken, it Will narrow itself
down into an expression of the opinion OF this
Assembly whether the Governor the Attor-
uey-General should be sustained in the position
which the one and the other have taken in ref
erence To these cases, called the delinquent
railroad tax cases,
Now, upon the very outset, some honorable
members this floor state that this is the most.
important matter that this extraordinary
legislature upon this extraordinary occd-
sion, was called upon to consider and might
further remark that we have been considering
it in a very extraordinary manner. We are
met with that, and we are told further. that the
first resolution that was introduced by the gen
tleman from Sierra-requesting simply the opin-
ion OF the Judiciary Committee as TO certain
legal questions mentioned in that resolution
was introduced for the purpose of throwing
mud. The gentleman has disclaimed that there
was any such an intention, and | affirm the
same.
In the first place, Mr. Speaker, We are called
here for certain things. The gentlemen nave
heard that before; they have heard 1t very re
quentlV: and the tenth subdivision of the sub
iects which this Legislature is to consider lipon
this extraordinary" occasion Is q to enact Il
law declaring that the people Of the State OF al
ifornia have not authorized. and do not rati1y,
any compromise nor any Judgment heretofore
rendered by consent in any action or proceeding
for the collection of revenue by which Il less
amount is or has been received or recovered
than the sum due by law or claimed in the com
plaint iH the action in which said Judgment was
rendered for-the tax, interest and penalty, and
providing means for the setting aside such com
promises and Judgments and To enact laws more
clearly defining the powers and duties OF the
Acknowledgement. District Attorneys, and
Boards of Supervisors with reference to the col
lection of delinquent taxes.
And again, in the message of his ENcellcncy
to this special session assembled, we find these
words " You are aware that during the past
four years certain railroad corporations dclin-
quent taxpayers. on the one hand, and Boards
of Supervisors, District Attorneys and the At
torncy-Gcneral on the other have in many cases
compromised, attempted to compromise, the
taxes due the State and certain counties, by con
senting and agreeing that plaintiff might take
Judgment for Il less amount than the sum due
by law, or claimed in the complaints in the ac-
tions against the defendants-'
And, further on g therefore recommend
that you provide by law for the employment of
special counsel for the purposes above men
toned, and that you further provide the pay
ment of the costs and expenses thereof"
Now, there being 4 controversy between the
Acknowledgement and the Governor, and the
Attorney-General, being vested by the laws of
the State with the management and control OF
these cases, the Governor asserting, on tne one
hand. that compromises had been made or
attempted to be made, the Attorney-t,encral
denying, on the other hand, that no compro-
mise had been made, etc.-We are told that this
is the most important subject that we are called
upon to consider, and suppose, because it is the
most important matter that this eXtraordl-
nary y session was called upon TO consider, tiat
is the reason why it is put down to about the
very last thing in the session, when the mem
bers are wearied, and are, most of them, look
ing longugly for the hour when they can return
to the bosoms of their families and the plaudits
Of their constituents.
Now on the 3lst day of March, illst one week
after we had assembled here, there was intro
duced by the gentleman from Merced an Act,
entitled An Act to provide for the more eiil-
Cient collection of delinquent taxes: an Act
having special reference to this subiect-an Act
drawn with an eye solely to remedy the evils
if there were any evils which, had existed iii
the management of these cases and to provide
q remedy. The bill-A. b. No. 22-was referred
to the Committee on Ways and Means. and If il
has been reported. | don't know it. The Ju-
dietary Committee had under consideration at
that time the resolution which simply requested
their opinion upon certain legal propositions.
The committee met; they had parties before
them, and distinguishedleg talent with view
simply to determine these legal questions that
had been submitted. JuStat the time when that
inquiry on the part OF the judiciary COnlnlltee
was closing, II proposition was made TO have the
Controller come before the committee with GER
tain letters and tclcgrams which he had i'll his
possession. and majority OF the committee
seemed to favor hearing the Controller and see
ing the letters and telegrams But after these
had been heard, the resolution adopted by the
Assembly directing this committee to inquire
into certain other matters which involved not
only legal conundrums but also matters of
facf-whether the Attorney-Cene had, at any
stage of the proceedings couDtenanced the
claim of the railroad to be relieved Of every
thing except the face of the taxes, ana
whether his management had been such
as to best insure the full hearing of
came to us; and as say, after the evidence
taken before the Judiciary Committee, which
had been directed solely to these four inquiries,
previously submitted.
Upon that evidence the committee was also
called upon to decide disputed matters OF fact,
and if anybody is tQ be branded with Il stigma,
or TO be charged with having acted from corrupt
I T L,
more evidence on the subject than was given
before the Committee on Judiciary. The mi
nority of the committee seem to have been sat
isfied with that evidence, because they answer
i'm the affirmative the question as to whether the
Acknowledgement has cOuntenanced the claim
of the railroad 10 be relieved from everything
except the face of the taxes.
The seven members of the Judiciary Commit
tee who join in this majority report, meant to
say decidedly that they entertained doubt
whether the State had the, right, regardless of
any stipulation, to recover the penalties and the
interest. FThe speaker here cited several re-
ported cases bearing upon the subject matter
under consideration, to justify the position of
the committee.
The gentleman from San Francisco has spoken
about public sentiment, and may as well refer
here TO the matter of public sentiment. l wish
to earnestly call the attention of this Assembly
to the fact that whatever public sentiment
there has been upon this question, has been
caused, in the main, by Il misunderstand-
ing of the facts of these cases. | war
rant the assertion that there is not Il