Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-27
RAILROAD TAX MONEY.
Expressions of the Press Concerning the
Controllers Refusing to Receive 1t.
[san Francisco Alta, August 26th.l

San Francisco Alta, August 26th.l
Controller Dunn apparently came to the
conclusion last Saturday that it was time
for him to make defense of his policy in
refusing to receive the railroad taxes-a
conclusion that was quite justified. If he
has seemed to be in no hurry about max
| ing this defense, it was doubtless because
he believed it was not very good one, and
| there again the Controller showed that he
/ Is person of excellent Judgment If the
published defense of Mr. Dunn is the only
one he has, nobody who is capable of read
ing it understandingly will blame him fol
Withholding it from the public as long as
possible. 1t is q good while since a worse
apology has been thrown on the market.
In rebuttal of the remarks Of the Attor-
ney-General upon the duty of the Control
| Ter 10 take the railroad tax money, Mr.
Dunn advances several assertions, such as
that he could not legally accept the money
and that If he did it would be too small in
amount to overlap the deficiency. He
states that the size of the deficiency is
$4,000, while the money that the Attor,
ney-General could contribute toward its
obliteration amounts to only $4,000 This
| is true-we know it, because Mr.. Dunn
says so-but nevertheless even $4,000
beats nothing. If Mr.. Dunn does not re-
member this, the holders of warrants who
are now whistling around the State Treas
ury for their money do not forget it, Again,
if $4,000 is too small sum to be worth
taking, we cannot understand why Mr.
Dunn, in the same letter, should make a
special boast of having collected 81 10 from
| an Alameda county farmer.
| But aside from the discovery that $780,
| 0O0 is too small a sum TO Justify taking,
Controller Dunn's defense consists, in the
main, of two propositions-frst that he is
not empowered to accept the taxes of 1890,
1881 and 1882, because the law requires
them to be paid through the County Treas
urers; and, secondly, that he cannot take
the taxes of 1851 because only sixty per
cent. of them has yet been paid. Now.
while the Controller calls particular atten-
| ton to the fact that the taxes for three
years must first be received by the County
Treasures before he can take them, heouite
omits to mention that he has officially ad-
vised the County Treasurers not to receive
] the taxes rendered.
1t was a great piece of forgetfulness on
Mr.. Dunn's part when he left out of his
| interesting letter this very essential fact.
| Then, as to the taxes for 1854, which the
| law requires the Controller to receive direct
| he declines to take the money rendered
because it is not the full amount due, and
he quotes section of the Political Code
| (Which seems to have no reference to taXes)
| 10 show that he cannot receive money from
any person and give him a certificate or
discharge until he has paid all that he owes
| the State.
Now, upon that reasoning, it would not
be sufficient for the Central Pacific to pay
| the full amount of taxes for 1881, unless
| 1t paid also the accrued interest and penal
| ties The Controller claims that the inter-
est and penalties are part of the sum due
from the railroad, and, therefore, he could
not accept the face of the taxes and give a
discharge, it not being the whole Of the
debt. This much seems to be clear. New
| ertheless, we are confronted with the extra
ordinary fact that Mr. Dunn accepted from
| the North Pacific Coast Railroad the face of
| its taxes Zone suit having been compro-
missed by Mr.. Delmas, the lawyer who says
no compromise is legal, though ii was not
| the full amount due, since there were IN
| paid interest and penalties. Therefore are
we compelled to inquire seriously of Mr..
| Dunn whether ii is his understanding that
| the law he quotes applies to one railroad
| and not TO others? His acts convey the
| impression that it is in this way he inter
| pretS it,
Now, does not Mr.. Dunn's plea, that he
| cannot receive part payment, fall to the
ground, when it is understood that he is
| only requested to receive the amount found
| due by the Courts? Does the Controller
pretend that the Attorney General offers TO
pay less than the Courts directed to be
paid?
Does the Controller pretend that his
| Judgment Is higher than that of the judicial
| tribunals of the country? The Courts saw
| there is so much due, and proceed to enter
| judgments for the money, which is followed
| by full payment of the amounts by the de-
PENDANTS. 1t seems to us that this should
settle the matter, but not So the Controller
says this is only partial payment. Wicked
nonsense, all such stnd
TINE THE FARCE WAS ENDED.
[San Diego sun, August 22d
There Is now remaining in the hands OF
Acknowledgement Marshall about half a
million dollars, paid into his hands by the
| Central and Southern Pacific railroads as
| delinquent tax money. This money is now
| deposited III banks, who are reaping the
| benefit from the use of the money, while
State, county and school warrants are suf-
fering at heavy discount. 1t seems also
| that this vast sum of money which Mr..
| Marshall has held since the early part of
| 1884, is in his hands without any special
security. That it is held i'll trust for the
State is very evident, but it is pointed out
| that if Mr.. Marshall should die there
might be some trouble with his heirs As
! Controller Dunn, who is the proper person
10 receive the money for the State, declines
to DO so and says it does not belong to the
State, and the railroads say they no longer
have any claim on it, it becomes an inter
esting question to know who does want the
money. If Mr.. Marshall should die his
heirs might claim it.
| 1t is time that such farce was ended.
| f'DntFniipr M h.
on account has been shown dozen times
| not to inyalldate the right of the State to
all its claims for delinquencies and penal
| ties. Controller Dunn has PLAYED his anti
| monopoly card well, but he has bluffed
| long enough. Citizens who must 90 down
| in their breeches pockets to pay special
school taxes, or have their children de-
| prived of the benefits of a school, will view
with considerable doubt the ACCESSIBILITY of
Mr.. Dunn continuing his obstinate course
at their expense. He is doing the railroad
no harm and the taxpayers a great deal of
| injury by refusing to become the means of
| dispensing the money. The people have
| Endorsed Mr.. Dunn to a certain extent in
| his refusal to submit to any compromise
with the railroads and they will still back
| him up; but when it becomes obvious to
every sane mind that no injury to the in
terests of the people can result from the
course that is advised, he should quickly
adopt and plant himself still more firmly
in the affections of the people.
THE TAN MONEY
1.-The San Diegan, August 22d.1
State Controller Dunn is, in our opinion.
taking a very unwise course in refusing to
accept the S5Oo,0o0 tax money which the
railroad company paid over to Attorney
tt6efe1al Marshall as the amount they CON