The morning call., 1892-08-30
ABOUT RAILROAD: TAXES.
Judge. Hebbard." Q Obliged. /
.Elnljoy"a Case Alone. !.
An Empty Courtroom Testifea Loudly to. .
Strange Llck ef Self Irterest-AnI. .-=.....
~: .:Argr msnt Of Law. -. ): =.... .*. !. !.

On the calendar in the Superior Court.
yesterday stood the following Formidable
array of cases. among Others to. come up in
Judge Hebbard's 5 court: =.
Tie Peorle*Ut the State Of California VS.. Cen
tral Pac liie Rallr0ad, demurrer 70 anenEd COM.
plant the>P People:of the State of:Aldlforniay<.
S6Ht4eFi2- ! he 1eisf4it
10 amended com pa nt;: the PeCDie. Of lie State.
OF California VS.. Northern Railway Coniiany
demurrer TO amen ded :cOmr riaint- the Pe06e 0i,
the state OF California Ms. -SAn.Papo and Tular5.
Railroad Company demurrer to amended com:
plalnr; the:People of the Stateot Ca Iif0rT,i vs.
California Pacific Railroad: Company demiifre.i
to amended complaint :; the People OF the State
OF Catiforhiaysa southern Pacific Railroad COM
panyf demurfer:to amended complaint.
Evidently the people Of tile State of: Cali:
fornia were going for heraiIroads in bat;la
array. There was something exciting: on:
hand. =: 49,.
Tie case came I'D at O'clock in the after
noon, and: there did not seem to be any:
crowdng outside the doors of Judge Heb:
bardtS COURT ~ ,a' -.
One or two people came. rushing in.
Hooked. at the court and. at the four. gentle
men seated at a ta6e:before, 1T, exchanged:a "a
word with the baIlif: and fed quicker than:
they entered. H. :: =
There was mystery indeed. The people
had a: case. pending against mighty en-:
. treuched corporations, and yet the people.
tied the scene.ln apparent disgust: :. :.
a CALL reporter determined ~to:nyeSt-:
gate the incongruity. but was. detained by
one of the fugitiyes: 80. -: - =.
Its nothing. was the whisper, 'onIya
railroad tax SultP' =: -:
Wont the railroads pay their tiilxes?''
asked the Scribe. as innCcen thy as: possible:
Railroads pay their back. tax6S.f?: Nut:
much! unless the law niakes<them or: uil-:
less their lawyers faiE to quote. precedenls.
IN support OF their not paving hieh is n(t:
altogether likely" was added wttli.a:sniIe
as the speaker disappeared.
The suits are for taxes prior to- 1887; :Elrey
have taken so long that one: Judge died BE-
fore rendering a decision. -
One against the South Pacific. Coast Rail-
way Company is for S750,000, and all of fthein.
came up on the hearing of.:an' argument ON.
q demurrer which applied to all. =. =
The demurrer is made up Of technical. :.
points and law precedents. -. -,
Some OF the plants were that there:is a ,
defect OF parties plaintiff, and that several:
causes of action had been improperly, Joined. :.
such as the uniting OF the. recovery OF .Stste !:
taxes with the recovery of the County taxes.
Another plea is that the courthad mo- JJlT-
isdction OF the subject matter Of The aclloir,
|. e., the rolling-Stoek, track, ETC.; assessed.
This is because certain seetions of the p o.:
litlcal Code, under which the action was
instituted, are claimed 10 be in c0ntraXeil-
non of asection of the. .fourteenth:amend-.
ment to the constitution of: the United
States. !:
These are some Of the objeetfons:o lhe:
demurrer, but they all concluded with. the
averment that the assessments must there.
fore be void. . X -. ::
Judge Cotton. the Attorney Gen eral and:
two representatives of Langh0rn-& Miller
appeared for the people, but II. S. :.Brrowii;;
who was down for the defendants. sent a.
substitute. -
The arguments proceeded In AN ennty.
courtroom. whence even the clerk :had fed. :
Finally the case was submitted; and:t tile:
people OF the State of California have. NOT
yet lost their taxes.