The record-union., 1898-12-20
CLAIMS AGAINST THE STATE
DEMANDS AMOUNTING TO
OVER $1,5OO,OOO.
Are Counties Entitled to the Old
Fees for Collecting
State Taxes?

State Taxes?
If the attorneys who have the mat
ter in hand succeed in inducing the
courts to construe the law as they
themselves do, within the next month
over 81, 100000 will be drawn from the
surplus cash in the State Treasury and
divided around among the several
counties in the State
Prior to 1893 fees and commissions
We're allowed County Auditors, Tax
Collectors, Assessors and Treasures
for levying, collecting and handling the
State taxes and by that means about
$25OO0O raised for State taxes were
annually paid to the county officials
named in the form of fees and COM
missions.
But Controller Colgan desired
change He considered it unwise to
raise vast sums of money for State
purposes, over per cent. of which
found its way into the pockets of Au-
ditors, Tax Collectors, Assessors and
Treasurers. and to that end labored for
the repeal of the Acts passed twenty
five years before.
The Controllers report for 1872
showed that in 1891 (the forty-second
fiscal year 1924 303 80, or 5.36 per
cent. of the whole amount of taxes
collected, had been paid over to the
several counties, and that in 1892 (thc
forty-third fiscal Year, $271, ,90073, or
$50 per cent. Of the amount collected,
went for fees and commissions.
The showing was an eye opener for
the Legislature of 1893, and a bill re-
pealing all laws providing for the col
lection or retention Of fees became a
law. Fees, however, were collected
until May, 1893, and the report for
that year showed that only S2S2, 767 66
had been paid out, while in 1894 only
S13, ,655.O2 was allowed county officials,
and that was for mileage.
For several months past it has been
known that some of the attorneys in
the State contended that the repeating
law of 1893 was invalid, and that the
counties were entitled to fees and COM
missions under the old Acts from May,
1898, to May, 1898. Believing that the
Act Of 1898 could be successfully at
tackled in the courts, the law firms of
Rogers & Patterson of San Francisco
and Devlin & Devlin of this city were
retained by forty-two out of the fifty
seven counties in the State to present
their demands to Controller Colgan for
settlement at this time, when the coun-
ties are paying in their taxes
The claims of the several counties
have been presented to the Controller
together with demands on him to draw
his warrant for the same But Con-
troller Colgan courteously though firm
ly declines to do so until the attorneys
for the counties shall have shown their
hands and explained matters in court.
The claims presented represent Au-
ditors', Assessors, Tax Collectors and
Treasurers' fees and commissions from
December, 1898, to and including May,
1898, and do not include fees alleged
to be due at the December settlement.
Those already in aggregate S1,262.-
S9G.O, besides those Of Merced and
MADEIRA Counties, which have been filed
and will be looked after by District
Attorney La Rue Of MADEIRA County.
Their claims aggregate $31, ,51372. Fif-
teen counties have not yet presented
their claims, though that of Stanislaus
for $4,000 has been prepared and viii
be presented when the county settle
ment is made.
To all the demands presented the
Controller has refused payment on the
ground that fees and commissions We're
abolished by the Act of 1893. He,
however, is anxious to find out what
the point of attack is going to be, and
to that end the Attorney General, the
Controller and the attorneys retained
by the counties will meet tomorrow in
San Francisco to advise on the most
expeditions and proper method of
bringing the matter before the courts
and arriving at a definite understand
ing
It is believed that the attorneys for
the counties will contend that the Act
of 1893 was, for some reason, invalid
that the old fee Acts were not abolish
ed that the counties are legally en-
titled to compensation for ASSESSING
and for collecting and handling the
State funds, and that the fees extend
ing from May, 1893, to and including
May, 1898, are now due and must be
paid.
While many of the County Treasur-
ers are ready to make their annual
settlement, acting under instructions
from the attorneys pressing the claims,
they have declined to do so.
One section Of the Act of 1893 per-
mits counties to present back claims
to the Controller with their annual set
Elements, and provides that he shall
draw his warrant for the sums due
1t is thought probable that the attor-
neys for the counties will press that
point and attempt to show that further
back claims were implied. The claims
Of the counties now on file in the Con-
troller's office are as follows: