, 1873-09-01
EQUALIZATION II OF TAXES.


+ Special Dspaich 10 Tho Chicago Tribune, :
srn1sarELp, ILL.,. Aug. 8O.-Aa intlmated last
night In my dispatch, the stato Board Of Eqaali-
zatlon arc considerably exercised over tho quoa-
ton Of assessing capltal Of corporations in this
State. Some discussion waa had upon tho Bllb-
ject to-day during tho sosaton OF tho l}oard whom
air.. Miles, tho Chaiiman Of tho Committee On
Corporation, aent 10 tho Clerks denk to bo rent
the following opinion of tho Attorney doneral
on tho yoxcl question:
srArE OF 1IL1so1s, ATTORNEY GxsxnAr'a orf1oE,l
sPR1har1RLp. Ill., Aug. 81, 1873.
SIN: In compliance with tho ereQuest.conthinod
in tho communication Of tho Committoo Of tho
Donrd Of Equalization OF Assessments, 1ascd tho
20th inst, havo considered. md horowth
atato my opinion on, tho following points:
First, is 1t necessary in order That tho
State Doard OF Equalization may legally
asHeBs tho capital atock Including the franchises
Of corporations as required by tho fourth clause
of 500. Q, State revenue Inv, that the statements
required by BOO. 80 Of said law should bo OBJ
tai1od and reported In tho manncr specified iii
Sections 90 and 89 Of 6aid law
failing to obtain and return the
| sworn statomont required by said 500. SO, car
tho State Board teko 'Buoh action as to 1t may
aeem proper to obtain such statoments, or
.monta, In order to perform the duty re-
ani5od q 0t ga said Board BY oaaD,,o tho f0nEt1 ,ny
| Third, ia 1t competent for this Board to in,
| struct its officers or Committee of tho Board
| to oauHo suits to be commenced against any Az
| eosBor or Asaesaors, or othors wlo have appa-'
rently knowingly violated tho express require
ments Of tho noveuue laws Of this State
The fourth clause Of tho second section Of
the act concerning assessments, 30 far aB is ma
tcral to the present question: Ii in tlcHo words !:
Tho capital stock Ct all companies now y q hoFeaf-
TO sscorain md determine respectively tho fair
eses over and shove dc asaossod value Of tho tnng
bio property Of such company or aAsociation. Said
sr .ea
may seem just and equitable. and such rulos
and principles whom 50 edoptoa Y not inconsistent
same effect "a II contained in this act subject how
to such change, aeration or amendment - may
Board.
Tho statute makes It the duty Of the Board Of
Equalization TO directly value, and not merely
| equalize, the nBBeaBment of capitol stock, in
referred to In tho statute. Tho s2d section
Of the not makes 1t tho duty Of tho ofllcora OF
the corporations concerned to furnish certain
information which would bc worry useful to tho
Board In mak'E the assessment, - Eng in case i. or
duty OF tho Assessor to mako such return or
statement from tho bost information he can OBJ
tain. The thirty-third section makes provision
for laying thie information before the State
| Bonrd OF Equalization and concludes thus:
And said Doard ahau valuc aud nszoBs the captal
stock Of such companies associations III the manner
provided in this act. [Laws Of 1871
Tho 108th ncction Of the act also de-
clarea that the State Board Of Equalization
sllnll tho capital stock Of oaoh company or
association respectively, now or hereafter incor-
porated under tho laws Of this State in manner
horoinbofore in this act providod." LAWS OF
tS.' t5o law, '0 tho ''15s State board Of Equal. %
ization can make valid assessment
of such stock, in caso both tho corporation md
town and county Assosaors fail in making and
wo hare mado Of tho provisions OF
tho State law, tho following propositions
aro painly doduoible: First-1t is tho absolute
Equalization to mako tho assessment of the
refcrred to in tho statute. Second
While tho, statute entities tho Board
docs not require tho Board to make tho state
monts referred to in Section 33 tho basis Of
their assessment. It would be competent for
tho Board, il thoy thought propor, wholly
to disregard these statements in making
derived from otlior soa1rcos. The quotation we
have made from the third section of the act
shows that it was the intention Of tho Legislature
that the Board should not bo confined to any
specific means Of informationin in aacertaining the
value Of suoh capital stock for the purposes
OF assessment. but leaves It open to tho
Board to adopt such meanH to obtain tho requisite
Information as may be found moat feasible. Tho
spirit Of the act, we'll nB the provisions Of the
Constitution pertinent thereto, require TINT oil
property subject to taxation should DO fairly and
equally assessod in proportion to its value. 40 that
Each poraon or corporation wall be required to
b. rs Ax1I1 lee
a tcn to, tho value Of lis Of It's property. II auy
considerable portion Of the taxable property. Of
tho State escaped aaAoBHn1ont, an undue
burden will theroby be imposed on that which
receive such construction as will make it practic:
able to aBseas all property liable to assessment. II
the failure Of the officers Of tho corporaslons to
give information required BY the statute, or oven
such @ statement from tho bout infoTnaa-
tho State Board Of Equalization Of the power
to make the aBsossmons. thon the plan pur-
pose mud intent Of the statute would be defeat
I'd. It would enable tho corporation to derivo a
benefit from their own wrong: In view OF these
considerations it ia my opinion that in caHea
where tho oficnra Of tho corporation and the
local Assessors both fail to give the information
or statement as to capital stock Of the CORPORA
tionB, IS required by soo 50 OF the not, tho bate
Board IL not thereby deprived Of the power
to- proceed to mako the assessment OF
ouch stock, but it may in any manner deemed
most feasible obtain tho requisite information,
aud aBcortain tho value OF such stook aud make
the asBessmept as provided in tho statute.
Second-upon tho Same grounds, the second
question above stated should be answered in the
! affirmative.
Third-AB to tho third question, tho statute
authorizes suits to be instituted in the name ot
the people Of tho State Of Illinois on the coxs:
plant Of any person against Assesaors ant
other officers who rofuae or knowingly
uegloot to perform, any duty enioined
1872, pp. 6G and o7, Section 1851 The statute
also provided that it any person or corporation
shall give false or fraudulent list schedule, OF
statemeut required by this aot, or shall fa1l Of
! upon for tho purpose, 1iHt of the
taxnblo personal property whicl, he ia required
to list under this act be or 1t shall be iabo to
penalty Of not loss than $40 nor more tlau
s2,ooo TO ,bo recovered IN any propel