Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-08-22
Paw in the Money.

We are assured by the Attorney General
that he has $4,000 on deposit in the Ne
vada Bank which belongs to the State and
to various counties of the State Of this
sum $4,000 is due the State as its portion
OF the sum collected early in March, 1891
Tor railroad taxes of 1850, 1881 and 1882 the
portion collected at the same time for the
several counties having been paid over tC
them soon after il was collected All this
large sum has been subject to the demand
of the State Controller for nearly a yeal
and half but he has taken no steps to
compel its payment into the public treas
ury, Notwithstanding the fact that he knows
it is in the hands of an officer whose off.
cial bond is only $4,000, and whose infirm
health renders the delay in collecting the
money doubly dangerous by reason of COM
plications likely to arise in case of death
In addition, the Attorney General holds the
sum of $685., 900, which was paid year age
on account of the taxes of 1888. and OF
which about $l35, 900 constitutes the States
pro rata, the remaining 100000 being due
the counties through which the railroads
run. Not only has the Controller neglected
to compel the payment of this money into
the treasury, but he has obstinately refused
to permit 1T to be received by the State and
County Treasurers. AS to the taxes OF
1850, 1881 and 1882, ii seems the Controller
telegraphed the various County Auditors
that If they received the money he would
refuse to settle their accounts In nearly
every instance the Auditors disregarded
this threat and took the money The
money collected for 1888 was collected I'M
der a new Act, which requires the money
to be received by State officers instead of
county officers, and we are informed that
the State Treasurer has refused, by the ad-
vice of the Controller and his counsel, to
receive it.
We understand the reason assigned by
the Controller for his strange conduct is
that the money was received by the Attor-
ney-General pursuant to acompromise, and
the Controller was not willing to concede
or recognize the power of the Attorney
General to compromise. Whatever force
there might have been in this position at
one time was certainly destroyed by the
decision of the Supreme Court of the United
States last October, holding the appeals for
the interest and penalty well taken. Prior
to that decision the Controller and his
friends contended that the money was paid
upon ' consent judgments, which were not
appealable. and therefore the litigation for
the interest and penalty could not be con-
tinued. The highest tribunal in the nation
has ruled otherwise. The recent action of
the Controller in permitting the North Pa
cihc Coest Railroad Company to pay its
taxes without interest and without a iudg-
ment of the Court shows the Controller is
not sincere in mis- contention. He and his
counsel have always contended that by
Section 1903 of the Political Code interest
was collectable in all cases. That law has
never been changed, for the Act of 1888
does not refer to the question of interest at
all. By conceding that interest is not col
l0n faIAl Ia 4pNrnn hon T,-tI, 81 ID
road Company on the taxes of 1854, the
Controller and his attorney necessarily con-
cede that interest is not due for the other
years from the other railroad companies.
But aside from all this the position of the
Controller is entirely wrong, for this rea-
son 1t is not a question of recognizing a
compromise. The railroad companies have
paid the money and the judgments of the
Courts will protect them. The Attorney
General has the money. If he has been
guilty of breach of duty in receiving it,
he should be dealt with therefor That
has nothing to do with the disposition of
the money, however. If he had stolen the
money from a safe in the State Treasury,
would the Controller be right in refusing to
let him return it for fear of recognizing the
right to steal? Certainly not The Con-
trolier is undoubtedly very great man,
but he is not vested with the Dardoning
power, nor will his official smile wipe out
the stain of crime. Therefore we say he
and his learned counsel occupy a ridiculous
position in opposing the payment INTO the
treasury of this money, which is so much
needed. Instead of opposing it they should
be demanding its payment. If by their
present course the money should be lost,
they should be held responsible for it pc
cuniarily, as they certainly would be po-
litically. They need not suppose that by
bowling against the railroad corporations
they can satisfy the people for the loss of
so large a sum. Already the people have
lost the use of this money9or from twelve
to eighteen months, loss equivalent in
interest to about $50 1000. No sensible man
would expect to make political capital in
that way. Yet that is the only rational
explanation of the Controllers conduct.
Evidently he and his friends think they
can advance their political fortunes in that
manner. This is matter in which Re-
publicans as well as Democrats are inter-
ested, and while it is pleasant to see our
Democratic friends denouncing each other,
and while we do not doubt each side is as
unworthy of public confidence and as
much deserving of public tontempt as the
other side declares, we insist that the peo-
pie at large shall not be made to suffer loss
by keeping out of the treasury this
$475,0O The fun is not worth the cost of
it. Put the money in the treasury, gentle
men, and then fight all you please.