The San Francisco call., 1898-12-15
THE WAR STAMP TAX CASES,

United States Circuit Judge Morrow desires to ren-
 der the public service in connection with the war revenue stamp cases, which were submitted to him on Tuesday, he will not let them get tangled up with the application of the Attorney General the local courts for a writ of mandate. As in all cases where attempts have been made to force the express compa- 1ies to pay their war taxes by mandamus, the pro- ceeding of the Attorney General involves jurisdic- tional questions entirely foreign the main issue Some of these suits have actually been dismissed without ever reaching the merits of the litigation
 The Attorney General has already been turned down by the State Supreme Court and his application for mandate to the Superior Court, having been trans ferred to Judge MorrowS tribunal, cannot in the ture of things give rise to anything but debate whether or not the Federal courts can issue man damus to compel the performance of duties enjoined by State laws. While this is going the public is paying the war tax and the express companies are paying attorneys fees.
 We do not positively assert that the people be- ing robbed in this matter but five have al ready so decided, and the Attorney General Of the United States, of his assistants, and the Com missioner of Internal Revenue, have agreed with them. What the people want Judge Morrow to do is to tell them frankly whether not he thinks all these gentlemen have taken correct view of the law. The people have great faith in his legal learning in tegrty and perspicacity and whatever he says upon the subject irrespective o what the Circuit Court of Appeals may say will go far toward satisfying them In other words, the people look to Judge Morrow to decide the question submitted in the Benham and Johnson cases immediately.
 Whatever the result, probably an appeal will be taken but Judge Morrow need not consider that The controverted point has been placed squarey before him in the cases referred to- and the ltigants en- titled to the benefit of his opinion Ii 1t shall turn cut that in his judgment the patrons of Wells, Fargo & Go. are required by law to pay this tax they will have the satisfaction of knowing that the subject has received the careful consideration of another con scientious urst, entirely free from embarrassing law points and jurisdictional questions
 There is another point in connection with the mingling of the Benham and Johnson cases with the Attorney Generals application for mandate which should be considered. MT. Fitzgerald retires from office on January 3 and his successor MT. Ford, may take an altogether different view of the law He may conclude that mandate is not the remedy and aban- don the case. Judge Morrow should not await the event of any such contingency as this. If the war revenue law requires Wells, Fargo & Go. to pay this tax the people of California are being robbed of up- ward of $Ioooo a month, and it is important that conclusion should be reached speedily as possible When man pocket is being picked he is anxious to know whether not the process is legal. The feeced patrons of the express company will sleep bet ter after Judge Morrow rules, even though he rule against them