people state california san pablo argued decided may statement justice gray action brought march state california san pablo tulare railroad company corporation california superior city county san francisco thence removed defendant circuit upon ground suit arising constitution laws recover taxes assessed state board equalization sections article constitution california copied state county taxes year july upon defendant franchise roadway roadbed rails rolling stock counties alameda contra costa san joaquin defendant answer filed march averring facts necessary present question set following defense provision section article constitution state california providing assessment property railroad quasi public corporations contravention provisions fourteenth amend ment constitution discriminates corporations whereas said section said article constitution state california property natural persons corporations quasi public mortgage lien incumbrance thereon liable assessment taxation upon property upon value interest property value mortgage lien incumbrance whereas case property railroad quasi public corporations allowance deduction made allowed respect mortgage lien incumbrance may upon property also section article constitution state california provides mode assessment franchises roadway roadbed rails rolling stock railroads operated one county whether property owned railroad quasi public corporations private corporations natural persons yet section article said constitution permits allows indebtedness secured mortgage trust deed otherwise deducted value property owned natural persons corporations quasi public denies deduction property owned railroad quasi public corporations july attorneys parties filed three similar cases following stipulation writing hereby stipulated jury trials actions hereby waived said causes may submitted upon testimony referred stipulation day made filed case people state california central pacific railroad company subject terms conditions hereby stipulated special findings facts actions waived hereby stipulated agreed said case people state california central pacific railroad company shall losing party taken decision said said case shall applicable treated party decision said actions intention desire parties hereto save expense separate writes error actions shall abide final decision said said case people state california central pacific railroad company provided said decision shall made upon points involved therein made judgments july circuit gave judgment defendant present case case california central pac referred stipulation decide question presented april reversed judgment circuit grounds sup march parties another stipulation writing agreed previous judgment circuit present case set aside case submitted circuit upon agreed statement facts findings shall made conclusions law drawn september circuit pursuant stipulation ordered former judgment set aside made filed findings fact accordance agreed statement findings facts appeared time assessment taxes defendant owed debt secured mortgage railroad franchise rolling stock appurtenances amount mile state board equalization valued assessed defendant franchise roadway roadbed rails rolling stock separately together including kind property full value without deducting value mortgage part thereof although knowing existence deem treat mortgage interest property assessed whole value property defendant mortgage thereon made assessment upon basis valuation property state valued purpose taxation time divers railroads state owned operated corporations railroad corporations individuals partnerships upon facts found circuit concluded matter law defendant entitled judgment judgment entered accordingly state california sued writ error attorney general state admitted brief case called argument stated open following fact year defendant offered tendered plaintiff sum money equal taxes penalties interest attorney fee recover action brought costs suit offer tender accepted money deposited defendant bank accordance provisions section civl code california reads follows obligation payment money extinguished due offer payment amount immediately deposited name creditor bank deposit within state good repute notice thereof given creditor hart atty gen people harvey brown defendant error justice gray stating facts foregoing language delivered opinion upon fact properly frankly admitted open attorney general state california doubt writ error must dismissed cause action ceased exist obligation defendant pay state sums sued case together interest penalties costs extinguished offer pay sums deposit money bank statute state effect actual payment receipt money state obtained everything recover case judgment favor duty every judicial tribunal limited determining rights persons property actually controverted particular case determining rights becomes necessary give opinion upon question law opinion may weight precedent future decisions empowered decide moot questions abstract propositions declare government future cases principles rules law affect result thing issue case stipulation parties counsel whether case case enlarge power affect duty regard case bar distinguished principle previous cases writs error dismissed similar analogous circumstances lord veazie cleveland chamberlain black paper heft wall san mateo southern pac sup little bowers sup manufacturing wright sup see elgin marshall sup writ error dismissed footnotes sec mortgage deed trust contract obligation debt secured shall purposes assessment taxation deemed treated interest property affected thereby except railroad quasi public corporations case debts secured value property affected mortgage deed trust contract obligation less value security shall assessed taxed owner property value security shall assessed taxed owner thereof county city district property affected thereby situate taxes levied shall lien upon porperty security may paid either party security paid owner security tax levied upon property affected thereby shall become part debt secured owner property shall pay tax levied security shall constitute payment thereon extent payment full discharge thereof provided security indebtedness shall paid debtor debtors assessment tax levy amount levy may likewise retained debtor debtors shall computed according tax levy preceding year sec property except hereinafter section provided shall assessed county city city county town township district situated manner prescribed law franchise roadway roadbed rails rolling stock railroads operated one county state shall assessed state board equalization actual value shall apportioned counties cities counties cities towns townships districts railroads located proportion number miles railway laid counties cities counties cities towns townships districts