The San Francisco Call. Newspaper, April 1, 1906, Page 37

THE SAN FRANCISCO CALL, SUNDAY, APRIL 1, 1906, ASSESSORS CANTAXTHE RAILROADS | e Supreme Court Decides That County Officers Have the | Right to Collect Revenue | From Their Real Holdings | ADVERTISEMENTS. E WORLD'S GREATEST T CLAIRVOYANT -|PANDORA It may be of vital interest to you to know the outcome of your present distress. The happiness of your future lite may depend upon the right solution and proper advice. There are no mistakes in the predictions made by the great and wonderful psychie. You may wish to know if it is advisable to meke a change in business, in love, in mar- riage 1 & E She when tells _you and whom marry, the you ‘will and reunites separated all I succeed in my new undertaking?” “an I obtain my hopes, my wishes, my am- bitions .’Shall T ever enjoy the luxurles of wealth?" "Can’ I trust my friends?” ““Have I enemies? “When ehall I marry “How often shall I marry “‘Shall I ever be divorce Does another ‘share the love that rightfully gs to me?” 50, whom?”’ Am. I loved in return?” *Is there a rival to my love?’ *“When_shall my love affairs terminate in belc estic troubles end?" life and home happy?"’ nt friends return?’ est my money to good ad- ALL ROLLING STOCK ed life reading $1. Bring this 4 sate $4. Hours 10 to 6 d Letters answered, containing date k of hair. Six questions and fee §$L. 1148—MARKET STREE' Hereafter Corporations Must | Deal With Local as Well as Equalization Officers in the Valuing of Property g S | No (harge Made for Certificates. Evans of in the best of condition ateri trough in the dairy dition. Ragan is au- ent that despite & in the dairy Society had issued ng to the purity of E the dairy named. —_——— rewly-elected Mayor of Glaston- land, was formerly a taflor. So make his own officlal The various railroad corporations of the State of California were given a painful Joit by the Supreme Court yesterday morning, when the Justices decided that all the real property of the roads, such as real estate, terminal depots, passenger and freight sheds and the like, must hereafter be assesed by the County Assessors of each county, instead of by the State Board of Equalization, which exercised this power over the roads for many years. This decision was handed down in the case of the San Francisco and San Joa- quin Valley Railroad of Stockton, plain- tiff, against the city of Stockton, defend- ant. The action was brought by the rail- road company some time ago, when it sought to recover certain sums of money paid to the city of Stockton as taxes on property of the railroad. The suit was bitterly fought by both sides and was watched with great Interest, not only by the county officials from all over the State, but also by all the rallroad officials of the country. —Reversible; cholce colorings; a varlety of patterns to salect from; full INGRAIN CARPET yard wide. Por yard ... L S G LAKESIDE BRUSSELS_?,T&,"":,":(::?'M‘,':,X,‘,m pattars sulable tor any room [ the house; o An excellent grads; glves the soft blending of colors to be found fa o other nobé”sl 10 p VELVETS_covmn(; effective patterns; with or without border. Per yard.. $1.85 '—This good old 18 t 11 kn to need descriptl BODY BRUSSELS 10 it oo i or winot rr { 4 eftective patterns. Per yard FREE INFORMATION. THE CALL has made arrangements with BRYAN’S INFORMA- TION BUREAU at their new and enlarged office, No. 34 Montgomery street, San Francisco (opposite the Lick House), to represent all resort THE CALL. accurate information and Circulars of all Resorts named be- e had for the asking. All this information and these pamphlets 2 IF YOU CALL. If you WRITE for it, inclose 2c stamp for B Y, | [ BARTLETT_ SPRNGS Free Information ts about Hotels, Re- and Steamship Lines csssse ALL POPULAR AMUSEMENTS. e be obtained for the asking at BRYAN'S INFORMATION BUREAU 34 Montgomery St., S. F. c . « . . * + ! 4 * 4 ‘ . « 4 + + 4 4 ‘ + ‘ * ‘. + ‘ * < C The decision is delivered in Bank and is signed by every Justice of the Supreme Court with the exception of Beatty. The signatures of Justices Angellotti, Shaw, Sloss, McFarland, Lorigan and Henshaw all appear on it. This means the finding is practically a final one and that the rall- road people will be able to gain little or nothing by demanding a rehearing. FIGHT STATE CONSTITUTION. The railroad company brought its suit to recover the money from the city of Stock- ton, alleging that section 10, article 13, of the Btate constitution, which reads as fol- lows, had been violated: “All property, except as hereinafter in this section provided, shall be assessed in | the county, eity, city and county, town, township and district in which it is situ- ated, in the manner prescribed by law. The franchise, roadway, roadbed, rails and rolling stock of all raliroads operated in more than one county in this State shall be assessed by the State Board of Equalization at their actual value, and the same shall be apportioned to the counties, cities and countles, citles, towns and townships and districts in which such rafiroads are located in proportion to the | number of milés of railway laid in such counties, citles and counties, cities, towns, townships and district | The officlals of the city of Stockton as- | sessed and taxed such real property of the San Francisco and San Joaquin Valley Raflroad Company as was not enumerated in the section quoted and collected certain moneys from the corporation as taxes. The company at once brought suit for the | return of the money and to have the law clearly outlined regarding this statute, | and after much squabbling and fighting 4‘nuums of Furniture AXMINSTER RUG—5". 0! SAXONY LACE CURTAINS— COUCH COVE CoUCH COVE Speclal, each 1 T8¢ $1.20 Size 9 tt. by 10 . 6 | ALL-WOOL ART SQUARE—S= Size 12 ft. by 8 1t. 3 In,; of Each... value. - Speclal Spectal Dainty patterns In white; Regular $3.75 valus, —80 In. wide; 3 yds. long; reversible; extra hea fringed-all round. —A new Ithe; 3 yds. fofig; 60 In. wide; fringed all 65c 334 yds. long; swell effects. Special, per pair 82.75 - the case finally reached the Supreme ! (Opp. Lick House.) | Court. ¢4 b B i ehcios : The decision reached by the court will 3 If you write us.inclose 4c in )|, "oc oral and this means that hereatter ‘ printed m each County Assessor will assess the real % & Gat. ’ | property ‘of all railroads in each county | The argument of the railroad lawyers For a Pythian Hall of representatives from Golden . Stevenson Is Wanted. ' | every year. The Tax Collector of the|was that the constitution of the State The local lodges of the Knights of | Laurel, {\'anhoe. _\{emanxa: Hnrmon_e. Chief of Police D,.,m“ received a leg- £ : counties will collect the amount of the | cmphatically said that all property nec- | Pythias will. give a grand ball in Na- l{yrne, South San Francisco, Syracuse, | ter yesterday from lvme{nt Police Hen~ ! assessments and the coln must be paid | essary to the operation of a railroad | tive Sons’ Hall on next Friday evening | Unity, Golden City, Bay City and Mars | ry A. Ort of Maysville, Ky., asking him + | into each county treasury. This will mean | should be assessed as an entirety, and | in aid of the fund being raised to crect lodges. to find R. M. Stevenson, formerly of 4 a great gain to each county, as well as | they sought to show that the Board of | a new castle for the order at Valencia St Georgetown, Ohio. He wrota that £ g= st ‘4 L. D. M 5., Bookiet the vesting of much more power in the | Equalization had absolute power to levy | and Herman streets, where the order The Mikado of Japan is a good hun- | Stevenson had been eng?gwl in the = b Assessors and Tax Collectors of each |the valuation upon all the properties of | recently purchased a lot. This will be § ter and fisherman and an excellent shot | manufacture of cigars at Georgetown, “ ETT P ¢ CAMP TAYLOR | county. railroads throughout the when | under the supervision of H. J. Purceu.!wnh a rifle, and he is an excellent | and left there in June, 1303, for this ETT : YLC 3 ot S gl i racquet. eity. € 18| dations. Camping,| STATES TAXES ROLLING STOCK. |they were operated in d’lf“r.er;t“ oot chairman of the committee, composed | wielder of a raca 1ty. TR P 3 5 RS A P Fishing, Boat- | The State Board of Equalization will stil] | ties. But the decision of the SPTEIe ; RATP T Rates $10 t0 814 | rotain the right to assess all the rolling | Court upon this issue is directly con day. Address | ¢ 1 trary. It rules that the local courts | stock, roadbeds, rails and franchises of T e caids 1 thin skt 58 | the ratiroads in all portians of the State, | have no 1:"'“';‘ a1 docioione) handed | " v 7 . | after qud e 8 . KLAMATH HOT SPRINGS. but the revenue derived from the assess: Sown from difterent State Supreme | easure resort in North- Inf. Bureau, or to Edson sests == | Wee . for booklet. k, C kly Call, §1 Per Year. SanRAFAEL, meri€anand: European Plans Medical Springs Hetel and Cottages The new. hotel, with its broad verandas, immense rooms, mountain air, splendid view of lake and valley, good service, good table and health-giving water, invites you to real enjoy- ment this summer. Booklet. with prices and full description on request. OPEN MAY FIRST Witter Medical Springs Co. 30 MONTGOMERY STREET, San Francisco | ment of the real property of the corpora- | tions is much greater than that repre- | sented by the rolling stock and equip- ment, and it is certain that the County Assessors will place 2 much higher value upon it than the State Board of Equaliza- tion was wont to do. In making its ruling in regard to the rolling stock of the various railroads the Supreme Court holds that it would be impossible to give the county as- sessors the power to tax this property, for the reason that it has no certain | or specitied home, being in operation most of the time. This ruling was made |'in regard to the railroads operated in more than one county. The court there- fore held the county assessors could not legally assess this rolling stock, as it was not within their jurisdiction. In rendering their decision, the Jus- state that they have examined Courts of various other States, and find that in almost every Instance rulings | of a similar nature have been made, and | the railroad corporations forced to pay | to the county Tax Collector the sum as- | sessed against them by the Assessors | of such counties. The court devotes several long type- | written pages to defining the term ‘roadway’ as acquired by the railroad corporations. According to the deci- sion, the roadway is a strip of land nine rods wide, as provided by law, Eiven to the railroad companies on which to operate their lines after constructing tracks, switches and other essentials necessary to the operation and equip- ment of the railroads. COURT DEFINES A “ROADWAY.” The court holds that the portion of the railway tracks operated through the streets of the city of Stockton was not a roadway strictly speaking. This, ac- cording to the ruling of the court, was nothing moYre than local property, and as such was certainly entitled to be assessed by the county officials the same as the freight sheds, passenger depot and other property within the limits of the city of Stockton. Regard- ing the other assessments levied by the city of Stockton in 1900, the court holds as follows: “It is urged that the property includ- ed in the first three assessments here- inbefore described was in fact included in the assessment made by the State Board of Bqualization for the year 1900, That, however, is entirely immaterial here. Not being within the classes of property speclfied in the constitutional provision, any attempted assessment thereof by such board was, as we have already seen, absolutely void, and did not preclude a valid assessment thereof by the local authorities. There is no other point requiring notice. The judgment and the order are afirmed.” Courts declares that all the property of railroads operating in_difterent coun- ties must be separately assessed. In conclusipn the court say: “, 11 ‘improvements of a !railroad srected on the space covered by the right-of-way other than the roadbed, rails and rolling stock, together with all other tangible property outside of such ‘right-of-way’ used in the consti- tution, must be assessed by the Assessor of the district where such railroad is located.” —————— T LAW FAILS D VALIDITY TEST BUTTER W TO § Supreme Court Says Popular Measure Imposes Unnecessary Hardship on the Retailer. tices sed a last session E The law passed at the las thoroughly many cases of a similar| ¢ tne Legislature compelling dealers character decided - by the Supreme | (o siamp each lump of butter with its exact weight was declared void by a majority of the Supreme Court yester- day. Robert Diefrich, who submitted to arrest that the measure might be tested, was discharged from custody. The retailers for years have been sell- ing butter by the “square.” The term was a purely relative one, as any house-~ wife can tell. No one had any definite idea as to how much butter a “square” might contain. Some grocers adver- tised “squares’ at astonishingly cheap rates and when the eager customers ap- proached the counter they learned that the “square” was small enough to jus- tify the advertisement twice over. Then other grocers were rebuked vigorously for selling butter at kxorbitant rates simply because their “squares” were two pounds in weight in contrast with the pound and an eighth lump of bat- tered cream sold by the dealer across treet. lh;ge Legislature was asked to aid in the war and finally passed the bill in question. The court says the statute ‘imposes an unnecessary burden on the business without corresponding moral or sanitary effect, and is therefore illegal. The Legislature may now be called upon to specify just what kind of a cube a “square” shall be. Justices, Shaw, Angellotti and Sloss dissented from the general opinion, holding that this law, which protected the general public from fraud, was valid. \ 3 ———————— Talbot Case Put Over. The hearing of William H.. Talbot, who is cited to show why he shall not be punished for contempt of court in interfering with his wife's custody of their children, was continued yester- day by Judge Murasky to next Satur- day. The continuance was made owing to the ill health of Mrs, Talbot, who was unable to appear, ( There'will be’no® admlssiod Dem, onstration; . -You areinvited toattend | ademontsration of the Angelus to be given in, ‘aRecital at Steinway Hall, 223 Sutter Street, Saturday_ afternoon; Apnl 7th,at 3 o'clock. ‘may be procured now at our store. __+The PHRASING LEVER gives the performer entire control of the Angelus. - No other piano player. has such a device or its equivalent, and not having it is not comparable to the Angelus, yetdnw_cydmnqgfnn / Located for thinty-five years at Kearny and ‘.O-klud-‘.sw TBre other Piano Players- 3250. Sutter Streets, San Francisco. Broadway and Thirteenth Street