The San Francisco call., 1904-06-23
MAY RESTRAIN
TAX COLLECTOR
Southern and Central Pa
cific Companies Object to
a Delinquent Tax Sale
FERRY SYSTEMS VALUE
Railroads Allege That the
Trans-Bay Franchises Are
Covered by the State
FERRY SYSTEMS VALUE

The Southern Pacific and Central Pa
cific Railway companies yesterday aft
ernoon applied to the Superior Court
for an Injunction to prevent Tax Col
lector E. ]. Smith from selling certain
of their real properties to-day at an
advertised delinquent tax sale. 1t is a
renewal of the old contention of the
railroad companies that their trans
bay franchises are assessed by the
State Board of Equalization and the
taxes already paid thereon.
Assessor Washington Dodge, when
questioned about the suit last night,
expressed surprise that the application
for an Injunction should have been
brought in the Superior Court. 1T has
been the habit he said, "of the for
eign corporations like the railroads,
Wells, Fargo & Co. and others that L
could name, to bring their suits for in
junction in the Federal court. They
also have way of starting ne :,ult
a few hours before the sale in order
to hold up the disposition of their prop
erty for delinquent taxes, and by the
time the suit is heard the gale is over
and there is no provision in the law for
carrying the sale forward"
WHAT COMPLAINT SAYS.
In the complaint filed yesterday the
companies assert their ownership of
blocks 43. Al and As of the South Beach
and Water Side survey, which, they
say, had been assessed to them by the
State Board of Equalization in March.
1903, and upon which they had paid
taxes.
They set forth that Tax Collector
Smith published in the delinquent list
notices that taxes and penalties were
due on the properties as follows: On
block 43, $2167 SO; on block A, $16, ,248 90
and on block As, $5416 40, and unless
those amounts were paid by June %
the property would be sold
1t is stated in the complaint that the
assessments and taxes with the penal
ties against these properties for the
year aggregated $2167 SO, set forth as
delinquent against the property. For
the same year the Assessor. it is said.
made pretended assessment against
the Central Pacific Railroad Company
for the ferry system between the foot
of Market street and Oakland mole for
0,000. the taxes amounting to s13,
$50 75 and with the penalties, $16,24S 20,
as set forth in the delinquent list; for
the same year the South Pacific Coast
Railway was assessed on the ferry
system between Market street and Ala
media mole in the sum of $3.50. 600, the
taxes amounting to $4513 and with the
costs and penalties S5416 40.
FRANCHISES DON'T EXIST.
In conclusion, the complaint states
that no such franchises as described in
the pretended assessment or any
franchises of any of the ferry systems
ever existed, but that each and all of
the ferries are adjunct and appendages
to and parts of routes of railroads op-
Grating in more than one county of this
State and that the franchises of said
railroads were, for the year in which
said pretended assessment was made
in this county, duly assessed by the
State Board of Equalization and the
taxes duly paid.
BY reason of this contention the rail-
roads say that none of the sums stated
by the delinquent list to be lien and
charge against the premises are law
fully chargeable, and the Tax Collec-
tor has no lawful authority to offer the
property for sale.
In asking for preliminary injunc-
ton the railroads offer an undertake
ing of $4,000 to indemnify the county
against the Injunction.