Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-11-19
TO THE ATTORNEY. GENERAL.
Letter from Hon. Creed Raymond Con
cerDing the Pending Suits.


cerning the Pending Suits.
Isan Francisco Post, November 18th
The following letter in reference to re-
cent and pending proceedings in the tax
cases was received by Attorney General
Marshall to-day:
SAN FRANCISCO, November "A, 1885
Hon. Z. c. Marshall, Attorney General Of the
State Of CGiJ0rniq-SIR: see by the newspapers
that the state Of California, by its Controller
denies the right of the railroad company to pay
any taxes unless the same are legally assessed
and that objection is made to covering into the
state Treasury any moneys which the railroad
companies have voluntarily paid The railroad
company, beioce the adoption of the new Con-
stitutiOp, never had much litigation relative to
taxation and in the only cases of the kind that
| can find did after they were successful, pay
without objection from the State or county au-
thorities. q talr and just sum although it had
been decided that no legal tax had been levied.
The railroad companies, after the adoption of
the new Constitution, believing that its provis-
ions relative to the taxation of railroad prop
erty situated in two or more counties were
unjust and unlawful, did, as any citizen has the
right in this free country to do, ask the Courts
of the country TO determine whether the citizen
could under any preteXt be deprived of his
property without an opportunity to be heard in
Its defense They also claimed that their prop
erty ought not in justice to be assessed for double
It's cash value while all other property in the
State was assessed much less than its cash value.
In order that no other motive might be at
tributed to them than the desire to settle this
question and 10 do what justice and good con
science required, they at all times proclaimed
their intention TO pay Il tax, whatever might
be the result OF the litigation. what all fair
minded men would deem just. They pressed
the cases as rapidly as possible, though every
obstacle was thrown in their way. When the
Spring Valley Water Company and the san Fran
cisco Gas Company settled their taxes at the
face thereof, and 10 which there never seemed
TO be any objection, certain newspapers inimcal
to the railroad companies claimed that if the
railroad companies intended fair dealing they
would do the same thing This the companies
did, except in 50 far as action was prevented by
the State. The taxes of 1899. 1881 and 1882 were
pad on this basis except in certain counties,
the attorneys FOR which refused 10 accept and
also in a few other instances where no suits had
been commenced, amounting to $4,000. But
IN all these cases the companies rendered the
amount: and have for these Yeas and for the
two years since paid on account. and without
prejudice u any rights of the State,and counties
immense sums OF money; besides this the com
panies have paid promptly all local taxes Levied
ana Il mus! always DC borne IN mind that the
state Board does not assess the whole railroad:
that workshops depots, yards, steamers, etc,
part OF the road. are assessed by the County As
SCISSORS
The amount paid by the railroad companies
voluntarily Tor i've years Is more than double
the amount per mile ever paid by any single
track road IN the Union, and these payments
run INTO the millions. challenge you to show
IN the history OF the country record so favor
able to any corporation or person. In none Of
ever taken technical advantage They have
never sought 20 avoid legal tax They have
as never has been done Extraordinarily paid
a tax far greater than in good conscience they
should have been charged with. They rendered
to the State Controller and Treasurer for the last
two years nearly double what would have been
due had the assessment been legal and fair
They Kept this tender good and when the
plaintiffs moved in the Circuit Court that the
money be paid to the plaintiffs attorney, the
Court made the order and the money was paid.
lit be a crime for the citizen to perform all his
obligations to the Government though such
obligations cannot be legally enforced then the
railroad companies are guilty. This question
may be safely left TO the judgment of an intelli-
gent and honest people, and to such tribunal it
is cheerfully submitted. Misrepresentation may
for time avail designing men, but truth and
Justice always in the end prevail.
pretense is made in some quarters that the
railroad companies have in some manner gained
a legal advantage by making the part payments.
That even this iimsy pretenSe may be removed,
/ am willing at any time to receive the money
about 81 .oD0,0 0O-which you have held so long,
and 10 stipulate that the orders under which the
payments were made shall be set aside, and that
the cases shall stand as though the order and
payments had never been made.
Very respectfully yours,
CREED RAYMOND.