Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-01-06
WHOLE NO. 1O,S3O.
A LIBERAL OFFER.
ihe hahroad Company Makes q Propo-
sition to Mana Countv


Napa Reporter, January 2d.1
Dlstrlct Attorney Hogan returned Thurs
oay from San Francisco. he having made a
trip 10 the metropolis in regard to the taxes
due Napa county from the railroad COM
pany Tor the year 1881 From an inyesti-
CATION OF the record in these tax cases. it
appears That suits were commenced in this
county against the railroad for State and
county 0 taxes due Tor the years 1880, 1881
and 1882. In September Tss3 an order
was made by the Superior Court of Mana
county, on the application of the corpora
mons attorneys. transferring the suits for
the taxes of 1880 and 1882 to the United
states Circuit Court. Application for the
transfer OF the 1881 case was inadyertentIy
omitted. and this case was not at that time
transferred. Stipulations as to what the
evidences IN the cases of 1880 and 1882
shonld be was entered into by the Attor-
ney-General OF California and the railroads
attorneys ana the causes were submitted
10 the circuit Court. In March, 1884, judg-
ment was rendered in both cases for the
railroad company. The amount sued for
by the county in the 1880 case was ST.
oio W Tor county tax, 81 ,20t AZ for State
tax, besides penalties and interest: in the
1857 case the amount was Sc 255 rs for
county tax, and S3176 GS for State tax.
besides penalties and interest.
In March, 1854 the famous consent
Judgments were rendered wherein by con-
sent of tue Court the Attorney General and
the railroad counsel, and on motion of the
last mentioned, the Court set aside the for
mer judgment for the railroad and rendered
judgment for the county in the amount of
the taxes less the penalties and interest
The railroad company paid this amount
over to the Att0rney-G General, and he to the
county. State Controller Dunn refused to
accept the Sta'es portion, and that now lies
IN the County Treasury. Orr county of
ficers accepted the money with the under
standing that it was only on account
The case OF the 1881 taxes not being in
the Federal Court that amount was not paid
IN. 1t amounts TO $9.09S % county tax,
and S4,431 OF State tax. This case was
transferred to the Circuit Court July 10.
1884, and the papers filed therein July 10,
1884. in October of the same year the
cause was submitted on the same evidence
as on the other two cases. and in November,
1884, judgment for the railroad company
was entered up. That is the condition in
which the 1881 suit now stands.
At a recent meeting Of the Board of Su-
pervisors of Napa county. they empowered
the proper officers to receive the State and
county tax from the railroad on the same
condition as the taxes III the other two
( NtSNo NClN ItNtiNtti ifi>tfICt
Hogan went to San Francisco and called on
the railroad attorneys in regard to the mat
ter. Notwithstanding that it has obtained
Judgment in this case against the county,
| the railroad offers TO pay into the Napa
county treasury. on January -, 1856. the
full sum of $9,09S 93, the amount of county
tax, with the understanding that it is to be
on account and that if the railroad loses
the suits before the Supreme Court, the
county is to give the company credit for
the amount, and in the event of the rail-
road winning then the county still to keep
the S9,09S SO, the penalties and interest
question to abide the decision of the United
States Supreme Court
In regard to the money paid for State
| taxes in the first two cases, and which still
! remains in our treasury because the Con-
troller will not accept it, the railroad attor-
neys empowered Mr.. Hogan to state to the
| Board of Supervisors that the railroad CON-
pany would in the event of being success
ful in the United States Supreme Court, as
| sign this money to the county for school
| purposes, and they are ready at any time to
make a contract to that effect. At the next
| meeting of the Board the railroad company
, will pay the county tax if the Board will
| accept it. Their reasons tor not paying the
State tax is that Dunn will not accept it
| from the county, and it will therefore lie
| idle, and they claim that in this case they
are as much entitled to the use of it as any
| body.