, 1873-11-19
Important Argument Of the Hon, ].
D. Cation, at Morris, III.
Inc AsinIne Behavior Of the State Board
of Equalization.
injunction Granted by Judge McI,oberts
Against Taxing tho Capital Stock
Of tho Ottawa Glass
Company.

Nit, MoRh1s, ILL.,, Nov II, 1873.
th's AFTERNOON Judge McRobcrts, sitting i,
.s.' nancs.y' mauo an order for tho granting Of a,
t1!unctioa restraining Milton II. NIead, Count,
o1efR OF Lasallo County, from extending til,
lux, on Tho aBaoHsmunt of tho Stnto Boar3 n
Ga"aization' M upon the cnpital stock at tlls
ot'awa Glass Company. Application was IRA
mado to Judge Lolnnd, Of Ottawa, but to hrinr
stakeholder in tho corporation, did not dosirt
to hear an argument In support Of It, Accord
ingly, Judge Caton, solicitor, and hls son, Atthu,
!. Cation, Of counaof for tho Company, came
lore this afternoon, AMI applied to Judge Nc.
Roberts for m ordor directing tho issuance OF
the writ.
Mr. a. ]. Cation said TINT roliof was asled ho.
cause tho assessment Of tho capital stock Has II.
logal and void. Tic full valuo Of the tanrihtc
property OF tho Company had boon added to tim
capital atock thuB doubly taxingtho corporation,
In direct
VIOLATION or TIE STATUTE.
Ho thcn read tho bill, which sets forth that
Enc ottawa Glass Company Is, and has beon for
mofo than Six years last paet, b corporation or
ganizod under tho laws of .Ls s.atc, and doing
business in the City Of Ottawa, iu LaBalla
County, In tho manufacture Of lookine-gass.
In juno or July last, 1t was applied to by Will
lam 8. Eaton, Assessor Of Ottawa, to mako a
list Of the tangible property and capital stock,
that ho might nsseas Tho samo for the p,1rposca
OF taxation. Tho complainant, by Tholnns b.
catlln, its Secretary, Troasuror, and Dookkeop-
OF, fllcd oilt tho blanks In good lah, and to tho
best Of Ills ability, by setting down ali tho tan
giplo property Of the corporation aud the amount
OF its capital stock. The filled blanks Toro do
liVered to tho AsaoBsor, who assessed the
property, otc., at $4,000. Tho total amount
OF tho capital stock OF tho Company
s92,6o0, divided into 325 shares Of
s1oo each, al OF which las boon fully paid into
tho trensury. The highcat-known prico for
which any Of the atoc1 has boon sold is rs cents
on tho dollar. In August last large portion
oftho Company's buildings wore DESTROYED by
fire; since which tfmo no actual aalca hayo boon
mado Of stock, and tho officers bolioyo It's
highcst market value to be not moro than rs
conts on tho dollar. The AsseBsor returned the
assessment to tho Clork Of LaSallo County, who
laid it beforo tho County Board, WHO raised the
assessment Oh tho tangible property to the sum
S50,690; and this last asaes5mont Has returned
to the Auditor Of tho State, who laid IL before
The State Board OF Equalization. Tho latter
Board reduced tho assessed value to $37,257.
and assossod tho Company
SGl, ,420 FOE ITS CAPITAL STOCK.
IN addition to tho amount Of tho assessment
upon its tangible property aa above stated.
Whereupon tho Auditor OF publio Accounts |
Issued an order to tho County Clerk. |
ordering him to extend tho tax against |
the complainant on tho full amount |
Of tho assessment Of S61,420 for capital |
stock, in addition to the amount of tho ASSESS
ment upon ita tangible property. Whorcupon,
tho County Clerk thrcatened to extend tho Tux
upon the proper books against the complainant |
upon tho assessment Of 961, ,420 for. it's cap!tal
stock. and also upon tho assessment of s37. .257 |
tar unoAs restrainad hy hn oror nu.u NJ iae
Of the Gourt rho action ~ thn stata iaasi
lie premson ind ham thc rasr1t ~ .no;da,t -
mistnko or frani on tl1or nars IN oacortn
against tho complainant nth }ho I'll H. assossng
a aascsaed cantai ans,t a,,a SnG IT,. LUZ ~ nons %
Of tho asseasel yn1no nf ;ta t,,ah,a r,raos
making iu ali the sum of IN ~ p4shsrs}' shhnu}''
roparnbie ininry would 'ean,t % tn ~" uSeen, Go, ~
therefrom. 1iercfnra t,,e nonn,e;nont ~ Gtormpany
that wrt Of injunction isana II rnstr,;' R.a{so 3
County Clerk from making Tic oxtonSion IN 'i ho
suit, e'Np'''Nt Ni'''' 'A'' 'Al''' A'a''ns o' INC
JUDGE oA1ons Anouursr.
The Hon. J. D. Caton then snid NAV II
plense tho Court. trhis il n rofiou for - waits
9sry a;ys Pnnson % On totr bill ca BY tho otsws
from extending tax upon an asscssnont 'o ~
sci .4zO uDon lie captai stonlS os tin Enmnnnv
Although I might mike many points in this cassc
which / think would entitle Us 10 the reiief
sought. Ipropose for tho present to conf3no NV
reif In nnn wkich Il aooma n M IL 60 ae,niJ
aiyo as to preclude rational controversy. ard to
70 to tho ycry merits OF lie case. Thiis no;nt
Is, TINT this assossmont On the capital stock Of
the plain language Of the statrto md s manifest
intontion Of Tia Tcrislntnrn, sn innc1, ~ that
it is ~ ''4''-@ ~ 'D''