Year: 1872

Debate i'm the Assembly Oh the Bill


for the Relief of Sheriff Jackson.


In the Assembly of the State of Cali
fornia, on Monday, February 18th, AS
sem bly, Bill No. 165 was taken up. The
Bill is an act for the relief of John Jack
son, Sheriff and ex-officio Tax Collector
of Trinity County, and was introduced
by Mr.. Tinnin. 1t appropriates the sum
of $4,000 for losses sustained by Jackson
in being prosecuted for collecting foreign
miners licenses under the laws of the
State, and had been reported back from
the Com mittee on Claims, without re-
commendation, on its engrossment The
Bill was considered as in Committee of
the Whole and read by sections. Below
we give the debate and subsequent action
as reported in the Sacramento Union, of
February 18th:


Mr.. TINNIN-Being the introducer of
this bill l desire to explain to the House


its origin and history. John jackson as
Sheriff and ex-officio Tax Collector, of
Trinity county, in the discharge of his
duty as Tax Collector, collected the sum
of 81 from a Chnaman as foreign miners
tax. For this act he was indicted by the
Grand jury impaneled by the United
States Government in the city of San
Francisco, for violation of the enforce
ment act. Under the Indictment he was
arrested by the United States Marshal
at his home in Trinity county and taken
to San Francisco. Owing to the magni-
tude of the case and the new issues that
would be involved, it being a test case
between the State law and the United
States law, and knowing that the Chinese
had employed Mr.. Barnes to assist the
United States Attorney General in the
prosecution, it was deemed advisable by
Jackson to employ counsel to assist the
Attorney General Of this State in the de-
fense. He secured the services of two
eminent counsel in San Francisco, who
were employed to assist the Attorney
General. The case was called in the
United States Court, and and the coun-
sci for the defendant demurred to the
complaint. The court, after hearing the
case, dismissed it witout deciding any of
the points at issue. Mr.. jackson again
returned to his home in Trinity county,
and soon after his departure, and as soon
as another Grand Jury was impaneled, q
Celestial gentleman, who rejoices in the
euphonious name of All Koo, procured a
second indictment against him for vio-
lation of the enforcement act. Under
this second indictment Jackson was again
arrested in Weavervile, Trinity county,
and for the second time taken under ar
rest to San Francisco, a distance of near
ly 400 miles. The same preliminaries
were gone through with as in the proceed
ing case, and in this instance the court
overruled the demurrer and placed the
case on trial on its own merits. After
hearing the case, and the instructions
made, the jury brought in a verdict of
guilty of violation of the enforcement
act of Congress, and he was accordingly
sentenced and fined for that violation.
Mr.. jackson was doing his duty simply
as an officer of the State of California
He was collecting a tax which had been
collected in the State for the last fifteen
or twenty years. He was collecting tax
from which this State has in former years
derived "A large amount of revenue. He
was collecting tax which had been col
lected by his predecessors for the last ff-
teen or twenty years without any him
drance whatever. No court having a
jurisdiction in the case had ever decided
that this tax was unconstitutional. Then,
Mr.. Speaker, this officer could have no
discretion in the matter. 1t was only a
question with him whether he would have
lawsuit with the State Of California,
or with the United States. If he had
failed to collect this tax and to enforce
this law, he would have been sued in the
State courts, and would have been tried
before State Judge and before jury of
the citizens of California, and there can
be no question of the result Of this trial.
He would have undoubtedly been con-
victed. There can be no question of this.
The prejudices of the people o. this State
are against the Chinese and they who
found him guilty. Mr.. jackson, then,
being the unwilling object of the test of
the law between the State of California
and the United States, was placed in this
peculiar predicament. He could have no
discretion. If he collected the tax he
would be sued in the United States
courts if he failed he would be sued in
the State courts. AS / understood it at
the time the officers who tried to convict
him considered that he would be entitled
to recompense from this State if convict
ed and now he comes forward and asks
It at your hands. If the State of Califor-
MIA passes such laws and retains them on
her statute books in contravention and in
violation of the laws of the United States,
and appeals to an executive officer of the
State to enforce these laws, it Is perfectly
right and proper to expect that that Off
Ger should be paid for all damages result