, 1873-12-09
The Republic Life Insurance
Company Case. +.
Il i --------
Judge Farw9lla Decision Thereon.
lIo Holds That tle State Can Tax Stock
>hgainst tho Company Instead Of
tho Stakeholder,
No Other Material Point Raised.
No Other Mnterinl Point Raised,
The Motion for an injunction 0verruled,

Below will ba found the decision of Judge Tar
well iii Tue caso Of tho lsopublio Lifo INSURANCE
Company against Joseph pollak, County Clor.
Tho decision was madc by Judge Farwol1 alone
Jndge Williams hetbor aascnttng nor dissenting,
Ao having been too blay to prepare any opinion.
It will DO soon that it uphotdu the legality Of tho
acts Of tho staso Doard Of Eqnalizat,on. The
argument cane. up on d motion for an injunc-
tion, and therefore tho docisiou,: being an inter-
locutoty decree, cannot be assigned for
error, on which to mike IN apnonl.
County Attorney Root fa Of tho opinion tint
general demurrer will be filed to Tic BILL This
will be oyorrnIcd md MI iasuo thus mado, Which
cau be takon up by appeal to tho Supreme Court,
in order to roach speedy 1nal decision, so rs
not to dolay the collection Of thc tn1es. Mr.,
loot Inns tc1egraphcd to tho Attorney General
tho decision, and aBkol what stops arc to be
tnkon. Tho dociaion Of tho motion, however,
involves nearly tho ssrnp quoations as formal
hearing would. and it is not probable that any
further trial will bo lad in tha Circuit Court.
We give tho decision in full, rs follows:
ce1rlsinant asks thia couet 70 issue writ Of In
compatnapt or lts property under The snsoa'mont
ing hat such Board had no authority 10 net in Tia
premises; st tho law undcr which sstch assessment
il 2nAuo ID uhCouatituttOnl That tho Creator part Of
tic property assessed 10 complainant does not bsong
TO H. but to Its stockholders aud should 10 assessed 10
thc hl,d has been assessed to them either wholly or
III Eart.
THE CoHrLAlNAET.
The complainant Ia join-stock corporation, tncor-
poratcd In 18G9, ner the awa of 1inoiH, and having
its principal office Chicago. lis authorized capital
is a D00 uf which $500 U98 has bcoi sakrn ard s
sued, and Ia held principally by porsouS residing in s
6tle. Il o~ns two improved lots on Lasaie areet,
nul Inns Its Office in its building there 1ta real eAato
vai1'ed by tho Astc-sor ut 900 Ie valued the
ollcc furniture at *12o.60 The County Board
Of Revision approved Of hts valuation Of tho
rcat ealute, but reduced the valuation Of tho
furniture 10 sllCG4, tint tho whole amount Of vn-
uce returned 10 thn 5tato Doartt Of Equalization
aEainst this Company Is about 81? 600.
ACTION or THE STATE poAnn.
Tho stnte Board, In cqualtzing tho neseesmonts,
haze moro thnn doubled tue valuation Ut this property
raising it 10 nbont $97 000 and have also proceeded 10
nsseAB against the complainant tho yn1ne Of its capial
stock nnd franchises at 1884 0Gl less tho said <800O
go that tho Increased Assessment aganst tho complain.
mt over TINT ado by tho County board IL $842 0o0 Or
hereabousa,
Tho State Board, In assessing tho capital stock
end franchise proceeded uncr and pursuant to pro-
viaions II tho Revenue 1Aws Of 1872.
The Constitution provides that tart. TX, Sec. y
The Assembly tllall provide such revenue
may be by lcvyinB D tux BY valuation, 80 TINT
every nd corporation shall pay tax in pro-
portiu1l blue Of his, her, or tts property, such
ynlAe rertained by somc peraon or persons
& rtE-3 {k%