Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-02-08
pgopeIties was void as to persons apd properties

properties was void as to persons aed properties
/ diserimlnateG against.
1t would be useless 10 re-assess properties by
methods which have been declared Invalid.
! mat ander the rulings of the Cour 3, if this
Dill passed, the reSSSeSSment Of other properties
might be declared valid, and not cent could
( pe co.ieetsd from the railroad com panieS. 1t
would NJ least impose upon large class OF
small property owners the trouble and expense
oi defending salts to beat the reassesSments.
he cltea large number Of eases in the Sii-
preme Court decided since 1879 TO show how
extensive were the classes, and how numerons
me peop.e whose properties would have 10 he
reasseSSed if the b.ll became Jaw
General Johnson n reply urged the commit
teeHasn that their oath required them to obey
the Constitution OF the State which required
them 70 tax all property.
In reply to a question he stated that fhevyere
also sworn 10 support she Federal Constitution
and that was paramount
mat whilst the passage OF the bill might
WORK hGrdShipS upon Others than the railroad
company, still those were sacrifices 70 be borne
Tor publlc good. That the laws of the Creator
seemed TO be attended with hardShips in indi-
SldIai cases ana that human laws were neees.
sarily imperfect.
Upon question, he answeredIthat the only de-
clsi0us which had been rendered directly
upon the question, namely, the decisions of
JueSe Sawyer and Judge Field, were that the
present methods OF taxation of railroads were
IN conflict with the fourteeth amendment 10 the
Constitution of the United States. and there are
no decisions to the contrary. Still when the
cases went TO the United States Supreine Court
they had been decided upon other POINTS and
these questions had not been determined in
these cases in the United States Supreme Court
That in his opinion, the decisions of Judnes
Field and Sawyer were wrong.
Controiler Dunn addressed The committees ard
stated that about two and half million dollars
hac been assessed TO railroads since 1879 that
had not besn paid. that he thought Mr. Hay
monds statement that the Central and SoutG-
ern Pacific Railroad Companies had paid SS 5O0.-
eOo OF taxes since 1879 was an over-estirnafe but
could not tell certainly because he old not
know what amounts they had paid to the sew
eral counties
The United States Supreme Cont hsd decided
that the state could not assess the franchises of
these two railroad companies.
Upon being questioned, he said he could not
tell whether the amounts paid by the railroad
companies in taxes since the new Constitution
was adopted would pay all their taxes if the
morigas eS on their property had been deducted
from their assessments, as is done in the case of
other taxpayers
He stated that the records in the Circuit
Court had been falsifed, and he had discovered
II, ana had one correction made. That as Mr..
Raymond bad asked a full investigation of the
matter i'll his letter to the committee he him
self hoped that the investigation would be
made by the Legislature.
That as to the offer of settlement of the tax
cases referred 10 in Mr.. Haymond's letter, he
did not consider that hirnse or any other State
officer had authority 10 compromise for taxes.
There was a large number of people in attend
ance during the discussions.
The committees sat and listened attentively
unHl nearly midnight, when it adjourned sine
die, the bills under consideration going back to
the respective committees of the two houses
The arguments were all of a high character.
There were no criticisms upon the actions or
motives of individuals, and each of the dis
pntants said complimentary things of his op
ponents.
On the whole il was without doubt the ablest
discussion before committees which has taken
place at this session OF the Legislature.