The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-11-24
Test Case Filed by the
Attorney General.
A FINAL DECISION WANTED
CASE WILL BE CARRIED TO THE
HIGHEST COURT.
Notwithstanding Several Adverse
Decisions the Corporation Still
Forces the Burden on
the People.

Whether the people or Wells, Fargo d
Co. must bear the war revenue tax i'm
posed upon bills of lading, receipts, mani
tests, etc., that pass through the offices
of the corporation named will be decided
in the near future in suit filed yesterday
by Attorney General w. f. Fitzgerald for
a preliminary writ of mandate, to compel
the company to bear it's share of the Gov
ernment's burdens An alternative writ
of mandate was issued upon the filing of
the complaint, directing the defendant
corporation to make appearance before
Judge Trout on December and show
cause why the writ should not be made
permanent.
w. H. Anderson, Assistant Attorney
General, made the affidavit upon which
the proceedings are brought. He alleges
that under the provisions of the act of
Congress providing for the raising OF rev.
enue with which to carry on the late war
il is the legal obligation OF all express
companies to pay the tax. He further
ayers that Wells, Fargo & Co. refuses TO
comply with this obligation, and for this
reason the writ is asked.
Anderson, in building up his case, pre-
scented at Wells ,FargO's local office
package on October 10 last for transpor-
tation and the company refused to for
ward it unless a stamp was affixed by the
owner. This treatment on the part of the
corporation, the aff1ant AYERS, is accorded
all who present packages for shipment.
This amounts. he contends, to violation
of the franchise of the corporation and
breach of it's duty to the public. 1t is
further seeking by unlawful and evasiye
acts, he AYERS, TO escape bearing its share
of the internal revenue tax and to force
the burden upon the public.
The petition is similar TO the one pre-
scented to the State Supreme Court, which
that tribunal dismissed without prejudice,
holding. that the. case should be entered
in the Superior Court A new and impor-
tant clause in yestedays petition sets
forth that:
Afdant is informed and believes
etc, that defendant threatens and intends to
and will continue its aforesaid unlawful, eX-
tortionate and coercive acts, and threatens and
intends to and will continue to force the peO-
pie of this State to bear the burden of defend
ants share of said internal revenue tax IN the
manner and by the means aforesaid until d.
rected and ordered by this court TO cease and
discontinue its said practices, and to issue its
said bills of lading, manifeSts and other evil
dences of receipt and forwarding, and to affiX
thereto the internal revenue stamps required by
law at its own cost and without any cost what
ever to the shipper provided by law.
Attorney General Fitzgerald explains
that the suit is brought to make a test
case and secure a final ruling, which will
necessftate carrying the matter before the
United States Supreme Court. In a suit
tried in the Justices Court Judge Barry
Fargo & Co. The case was carried to the
Superior Court and Judge Trout sus-
tanned Judge Barry. Without doubt, in
asmuch as Judge Trout is conversant
with the points of law involved, he will
hand down an opinion in the case shortly.
Then the line of appeals will be run until
ultimately the court of last resort is
reached and an opinion handed down for
ever determining whether or not a corpo-
ration has a right to enjoy the privileges
ment and then refuse to support it when
1t is in need of financial support.