The San Francisco call., 1899-08-11
Tax SHlRkING EXTRAORDINARY.

HE so-caled war revenue law" was passed by
Congress in June one year ago. Among other
schemes for producing revenue it provided tor
a tax OF upon each and every package trans
ported by inland railroad, steamboat and express
companits. The agents and employees of these cor
porations required to afix to all receipts, bills
OF ading, manifests other evidences OF the con-
tract of carriage stamp of the denomination
stated the cancellation OF such stamp constituting the
payment of the tax.
All over the country the express companies un-
patrotically refused to pay the tax. They took ad
vantage OF an absurd ambiguity in the wording OF the
contend that the shipper and they should
afix and cancel the stamp. One of the chief and most
nsoent offenders in this regard Wells Fargo &
Co. of this city, whose iegitimate from the
people OF CaEiornia-upon whom it has fosted the
payment of this tax-have been estimated $4,000
month In July of last year suit brought in the
Justices Court against the company for damages In
that the Justices and Superior Court in written
opinions held that the law plainly compes the express
companies to pay the tax Judge Tuley OF the II
nois Circuit Court had previously made similar
ruling Later in the year the Michigan Supreme
Court took the view of the law In fact, up to
date no respectable legal authority has been found
declare that this tax-shirling corporation has legal
leg to stand upon.
Shortly before the expiration of his term of Office
Attorney General Fitzgerald applied to the Superior
Court of this city for a writ OF mandate to compel
Wells Fargo & Co. to stamp its receipts The cor
poration promptly removed this proceeding to the
Federal courts After long delay Attorney General
Ford argued the matter and Judge Morrow without
hesitation remanded the case. This was two months
ago The Attorney General has not since been heard
from. Whether he has actually taken the proceeding
back to the State tribunal or whether he intends to
f,-+b - +ba
of California waiting for Mr.. Ford to act, how
ever they are being robbed by Wells, Fargo & Co. OF
about $4,000 a month
The Attorney General may not regard this as a
consequential matter, but think he will discover
before long that, however trivial it may to him.
in the public eye it is a subject OF momentous inn
portance. If every man who patronizes Wells Fargo
& Co, and who in consequence is held up for one
cent can be made realize that the robbery is per-
petuated mainly through the neglect of the chief law
officer of the State do his duty, Mr. Ford may find
later that his inactivity from political viewpoint
will be rather costly.
In October last two suits brought against
Wells, Fargo & Co. by individuals named Johnson
and Benham, for damages. These actions have been
twice taken the Federal courts by the corporation
and pending before Judge Morrow on mo-
tions TO return them to the State courts. On the
last occasion they removed on grounds which
positive insult to the intelligence OF the United
States Circuit Judge In that proceeding Wells,
Fargo & Co. claims that it is collector instead of a
shirker, of Federal taxes and that, therefore it is
entitled to have its fleeing operations attended to by
the United States Circuit Courts Judge Morrow
has decided that he has no jurisdiction try
actions brought against this express company in the
State courts unless the amount sued for exceeds
$1,000, and yet, for the purpose OF delaying litigation
and +IDcy "a he
continues to abuse the process OF the courts and in
suit the intelligence of the Judges
But there is excuse for the Attorney General
It is his duty bring this tax-shrker to terms and
if he faithfully discharges it he produce results
within month. The question is not of law, but
one OF preventing delay