The morning call., 1892-09-13
THE PEOPLE SAID PAY Up"
So They VIII Now Recover
a Million Dollars.
The Railroad Companies May Prepare to Pay
Their Back Taxes and Take Warn
ing for the Futurs.
The People of this State may take COM

The People of this State may take COM
fort.
They are still the People. with big P.
Perhaps they did not know it, but the
People had little claim amounting to
nearly 100000 pending against some Of
their servants, the railroads
These particular servants. which carry
the People and their property to and fro ia
return for certain privileges. were asked to
pay their pro rata OF taxes, levied partly to
enable the People TO carry out their obliag-
tiOns TO those servants.
But the servants "sassed back" and said
they would not pay.
By the way, their names are: The Cen
trail Pacific, Southern Pacific, Northern
Railroad, San Pablo and Tulare. California
Pacific and South Pacific Coast companies
six in all
or course, they had some good reason for
not paying their taxes-they always have
But Judge Hebbard yesterday saw it in
another light.
So did Attorney General Hart, who con-
Quoted the fight for the People to a success
fnl issue.
The complaints were brought to recover
both State and county taxes due for the
year 1887.
Thereupon the railroads put forth all
their strength TO crush the demand
Such giants as Raymond, Brown and
Walker filed briefs for their employers, the
Peoples servants, the railroads.
The case was briefed and submitted to
Judge Hoge, who died before he could de-
eide the confused issues.
Attorney-General Hart had the demurrer
amended, in accordance with the decision Of
the Supreme Court, incorporated in S3i
California, page 1913, and the case was re-
briefed this time to Judge j. C. Hebbard.
The People said, simply. PAY upl"
The railroads said TO the People. Your
Superior Court has no jurisdiction to make
us pay up"
Technically they said that the sections of
the Political Code under which the actions
were brought were unconstitutional, be-
cause they prescribed special legislation,
inasmuch as they imposed burdens upon
corporations operating roads iD more than
one county that we're not placed upon cor
poratiOns operating in only one county.
Judge Hebbard begged to differ yesterday
from the argument Of this demurrer.
The court pointed out that the law
specially provides for the matter of assess
ing RAILROADS operated in more than one
by the State Board of Equalization without
the aid of statutes
The law had been complied with and the
contentious of the demurrers under consid-
Grafton showed the People to have acted
rightly.
Consequently the court overruled all the
| demurrers.
Attorney General Hart was asked after
the rendering OF the opinion what effect it
would have on the case.
''The decision" he replied, practically
decides the whole case in favor of the State.
"All the facts having been stated and the
defendants having been given a full oppor-
tunity to put in their answer, the over
ruling OF the demurrer virtually gives the
people million dollars, or, more exactly,
S947, 900 with penalties.
There are numerous other cases of SIM
liar character before the courts in the in
terror and there is no doubt but they will
follow the decision rendered by Judge
Hebbard."