Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-10
A RAILROAD TAX SUIT.
Accomplishment Marshall on the Con-
troller and ID. NJ. Delmas.
fSan Francisco CAL, August 9th.

San Francisco Call, August 9th
In February, 1884, suit was brought by
J. A. Waymire and w. T. Baggett, on the
part of the State, to collect delinquent rail
road taxes for 1888, the cases being finally
| all transferred to the Federal Courts. ex-
cept one against the North Pacific Coast
Railroad Company. Upon the 9TH of
! April, 1884 w. II. L. Barnes, attorney for
| the road, offered to settle by paying the full
| face amount of the taxes, together with
the per cent. penalty and fair allowance
for counsel fees, only STIMULATING that the
company should not be required to pay
| the per cent. per month interest claimed
in the complaint. This interest, how
ever, Messrs. Baggett and Waymire offered
to make good to the State out of their fees.
which were contingent ones but neyerthe-
! less Controller Dunn refused to accept the
offer, and this suit is still pending in De-
partment Five of the Superior Court On
! February 26th of the present year a similar
! suit against the same railroad was instituted
| for last years taxes, this time by D. NJ.
| Delmas as attorney for the State. Again a
proposition was made by General Barnes
to compromise upon basis identical with
| that of last year, agreeing to pay the prin-
cipal of the taxes with the per cent. pen
atty, and 10 per cent. counsel fees.
This proposition, considered with all the
attendant circumstances, was not as favor
able to the State as the former one, mas
much as Mr. Delmas did not offer to make
good the two per cent. interest out of his
counsel fees, as Baggett and Waymire had
done. Nevertheless, and in spite of the fact
that he had advised Controller Dunn
against accepting the first proposition, Mr.,
Delmas has as attorney for the State and
the Controller, accepted in the present in
stance, thus, on the surface at least, COM
mlffpH fhn Offpr1S for nj, NJ hic
instance more than any one else's, Attor-
ney-General Marshall was read out of the
Democratic party.
There is no doubt of the truth of the
statement in relation to the acceptance of
the compromise, as General Barnes offer
is extant, Endorsed thus
The following offer is hereby accepted
D. NJ. DELMAS,
Attorney for plaintiff and Controller.
To Call reporter who visited Attorney
General Marshall last evening to ascertain
his idea upon the matter, he stated that ac-
cording to what is at present known, both
Dunn and Delmas stand in very peculiar
positions, which it will be difficult to re-
concile with those previously occupied by
them. He did not doubt. however that
they would have an explanation to offer.
though he had heard nothing as to its pur-
port. He was of the opinion that some
legislative enactment made within the last
two years would be quoted as having for
hidden the collection Of the per cent in
terest. There has been some legislative
action in the premises, Mr.. Marshall states,
though just how whatever changes which
may have been made may affect the matter
in question he has not yet investigated
sufficiently to state positively.
In any case, he considers it out of Del
mas province to construe the law, or in
any manner usurp the power of the judi
ciary. As attorney for the plaintiff, he
should sue for the per cent interest, and
let whatever disputes arise concerning il
find settlement in the Courts. In taking
it upon himself to accept their compro-
mise and conclude definite settlement,
because he holds certain new legislative
Acts to mean thus and so, he is going be-
vond his province, and Mr. Marshall said
he had had it in mind to exercise his priv
! ilege Us Attorney General by going into
Court and beginning proceedings against
Deliuas for his action. The bitter personal
feeling known to exist between them has
thus far deferred him, as it would probably
be considered, by some at least, that in so
doing he was acting according to the die
tates Of his personal spite.