The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-09
UNITED STATES SUPREME COURT
DECISIONS.

WASHINGTON, June g. 1875.
The Supreme Court Of the United statos have rem
dercd opinions in tho following cases.
The Rule Equity TIE Resraint Of the Collection Of
Tares-Xdtc authority orer Railroads sciAhin Their
Bordeys-The Rule Of Construction
No 702 Isaac Taylor Collector OF Peoria County, ct
al, appellant vs. James +. Secor and William Tracy,
and Nos 7Ol aud 703-Appcals from tre Circuit Court
for the Northern District Of nois.-Thc three cases
whose titles stand at the head of this opinion are
peals from DEGREES cnoinng tho appellants from the
collection OF assessed by the proper officers OF tho
State OF Illinois against three several railroad COM
panies, organized under the laws OF that State and
OF the above suits are Of the Toledo Peoria
and Warsaw Railroad Company In the other two
the compliments are stockholders OF the rcspec
tive companies whose interests they represent
namely, tho Chicago and Alton Railroad Com
pany in No 7ol, and the Chicago, Burllng-
ton and Quincy Railroad Company in No. 70a
The Of the Legislature OF Illinois of March 80 1872,
under which tho taxes complained OF were assessed,
makes special provisions for the taxaton Of railroads
and other corporations the main feature OF which Is
the purpose OF leaving to each county, city aud town
the powcr OF assessing Tor taxation what Is properly
local In the that other similar property
taxed in that municipality and at the same time TO
subject 10 like taxation, on some far basis, that which
not in its nature so clearly local. but which, by
SON OF its being appurtenant or incident to tho rail-
road, should pay It's share to the State and 10 all the
counties towns and cities through which any part OF
tho road runs Tho theory OF the system Is mani
testify treat the railroad track It's rolling stock its
franchise and It's capital as unit Tor taxation and -
distribute the assessed value OF this unit according
the length OF the road in each county, city and town
bears to the whole length OF the road The principal
provision Of tho law providing for the valuations TO be
made az follows
The capital stock OF MI companies and associations
hereafter created under tho laws OF this State
shall be valued by the STATE Board OF Equalization
to and determine respectively the cash
value OF such capital stock includ the franchise
aud above The assessed vauc Of the tangible property
OF such company or association. Said board shall
adopt such rules and principles for asccrtanins the
lair cash value Of such capital stock as TO may sccm
equitable and Just; and such rules and prime ples,
when adopted, II not inconsistent with this act,
shall be binding and Of tho same eject II con-
tanned IN this act subject, however, 10 such change,
alteration amendment as may DC found from time 10
TO be by said board provided that all
where the tangible property or capital stock OF
any company or association is assessed under this
the shares Of capital stock OF any such company or
association shall not be assessed or taxed in this state
This clause shall not apply TO the capital stock
shares OF capital stock OF banks organized under the
general banking laws Of this Stale The objection
that the law rcpugnant 70 tho constitution OF the
State Tho Court decides thus
While this Court does not lay down any absolute rule
limiting the powers Of court OF equity In restraining
the collection OF taxes declares that 1t essential
that every be brought within OF the rccog
nzed rules oil equity jurisdiction and that neither c
galy irrcguarity In the proceedings,
OF valuation, the hardship injustice OF the
law, provided II bc constitutional, nor any grievance
which can be remcdied by suit at law, either before
or after tho payment Of tho tax will authorize In
junction against It's collection.
This rule founded The principle that tho levy OF
taxes is legislative and not judicial function, and
tho Court can neither make or cause 70 be made new
" the complained OF DO erroneous and
also 10 tho necessity that tue taxes without which tho
state could cAst should be regularly and promptly
paid into the treasury. Qucry--whcthcr the same
rigid rulo against equitable rciei would apply 10 taxes
levied solely by municpal Corporations Tor corporate
purposes that here applied 10 State taxes? Probably
not No injunction. preliminary or nna be granted
stay collection Of taxes until II - shown that all the
taxes conceded 10 be due, which the Court can
ought to be pail which be shown TO be due by
aldavits has been paid or rendered without demand
ing receipt IN fulL
While the constitution OF Illinois requires taxation In
general 10 be uniform and equal, Il declares express
that mel al
owning franchises and privileges may be taxed the
Legislature shall determine by general law uniform
as the class upon which It operates and under this
provision statute Is not unconstitutional which pre-
scrbcs different rule OF taxation for railroad conpa
mes that for individuals. Nor does violate tho
provision ri tho Constitution OF tho United states
The capital stock franchises, and all the real aud pe
sona properly Of corporations are Justly liable 10 taxa