Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-28

Take the Money,

San 1rahclsco chronicle, August 9th
controller Dunn has written a smart let
ter to Attorney-General Marshall. which
was published in yesterdays Chronicle. 1t
is ingenious, but that is all that can be said
in its favor. 1t is not frank, nor is it con-
sistent with common sense.
The glst of it Is this The Political Code
requires the Controller to examine and
settle the accounts of all persons indebted
to the State, and 3 unon FLING the
Treasurer's receipt for the amount to give
such persons a discharge" The Controller
holds that under this provision of law he
could not certify to the Treasurer less
amount than the railroads really owed, nor
could he give the latter "a discharge" in
return for payment on account. But the
law does not require the Controller to give
person indebted to the State receipt IN
full. nor does it anywhere inhibit him
from receiving money on account and
granting discharge for such proportion of
the debt as was paid. Such a provision
would have been absurd, and it was not
embodied IN the law, or even contemplated
by the authors of the Code The interDre-
tation which the Controller says his attor-
neys advised him to put upon the law is
mere pettifoggery.
There is but one safe rule for public Off
GERS to pursue in the discharge of public
duties, and that is to act for the public as
they would act if they were agents of pri-
vate individuals. If the railway owed a
| private individual $685., 62S-as thev owe
the State OF California for delinquent taxes
OF 1SS3-and they offered to pay 1898 3;3}7
on account, leaving 1923, 291 TO be litigated,
| no individual in his senses would refuse
| the tender, especially if it were coupled
with an express stipulation that his claims
to the balance were not to be considered
| waived. If Mr.. Dunn were acting as the
| agent of such an individual and he refused
to accept the tender. under some nonsense
cal Interpretation of the law. he would be
dismissed from his agency as unfit to have
charge of important money matters. But
he knows that in such a case he would not
refuse; he only refuses now because he be-
heNes that the distress which the want of
the money creates in the counties to which
1t belongs IS calculated to help the Demo
cratic party.
He says that if he were to accept paw
ment on account from the railway he would
have to do so for other corporations and for
private individuals, and that this would
destroy our entire revenue system. d"
Nothing of the kind. No one paws taxes
because he likes to; every one paws because
he can't help himself, and because the law
has provided severe penalties for delin-
quency. If a man who owes 500 for taxes
only pays $50 ON account, the penalty and
interest run against him for what portion
he fails to pay, and these mount up so
quickly-as the Controller himself shows
that he had better have paid nothing at all.
1t is only where the volume of taxation is
so heavy and the necessities of the debtor
so sharp that he can afford to pay roundly
for time that taxpayer will inconveni-
ence the State Government by making pay
ments on account. Besides, he has had
abundant evidence that the State cannot
treat corporation as it does an individual.
The Controller had better
try the effect of lucid interval of common
sense and cover the $475, 000into the public
treasury. If he keeps careful watch over
the money already in the treasury, and re-
fuses 10 pay it out under laws of doubtful
constitutionality, he will be appauded by
the people; but when he invokes doubts to
prevent money being paid in, he creates
the impression that he is over Jealous or
that he wishes to make point.