The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-15
SUPREME COURT DECISIONS
POWER OF STATE BOARD OF
EQUALIZATION
1T Had Certain Limits Before the
Passage of the Law of IS97-Chi-
cage Great Western Wins In Its
George Oelschegel - SyIiabi of
the Case.

The supreme court, in an opinion
written by Judge Collins yesterday, de-
cided that the state board of equaliza-
ton, prior to the passage of an act
In 1897 authorizing it to review the re-
turns made by county auditors, had
no authority to increase the assessable
value of acre property in villages with
out increasing at the same time the
assessment on plated lots in the same
political subdivision.
In the case of the state against J. H.
Empanger, of Minnetonka village, the
court holds that he is entitled to an
abatement of taxes on several blocks
of town acre" property, as the assess
ment passed upon by the board in 1895
was invalid because it Disseminated
against one class of property. AT pres
ent there is a law on the statute books
which gives the board full power to do
just what it pleases with reports of
county auditors. The decision estab-
llSnes a precedent to be followed in
cases OF disputed assessments made on
this class of property prior to the pass
age Of the act of 1895, which gives the
board unlimited power Mr.. Empan-
gers property was assessed to an
amount of so per cent in excess of the
assessment charged up to the neigh
boring property which happened to be
plated into town lots. The returns
OF the county auditor was made on a
basis OF equity, but the state board
raised the assessable value Of Mr. EN-
pangers property, and the court says,
under the existing circumstances, the
state board had no right to do so.
The syllabus is as follows:
state OF Minnesota, plaintiff. VS.. ]. H. En-
panger, defendant.
Under the provisions Of CaneroJ
1874, section 1855, the state board of eauaIi-
Zatlon mas no authority to increase or de-
crease ere the valuation. as returned to it by
Ine county auditor. of one kind or class of
real property within town, or village.
or city, such as acre property without in
csgnsng or DECREASING in the same ratio the
valuatlon or all real property within the
same political subdivision, such as lands
plated into town lots. Collins ].
follows '-''onS nieu are as
In re assignment of the Youths Temple OF
honor, formerly Youths Endowment asso-
cation Mary G. Leland ct al respondents.
VS.; s;hn D. lady ct al. appellants.
Syllabus. Where an endowment associ-
atlo 2 organlzed under the provisions of Cen
eral Statutes 1894 sections 1896 ct seq, is
Simply unable. because Of the general i'm
practicabiiity of its scheme, to carry out it's
plan plan 1t Is not "insolyent'' in any proper
sense of the word, and therefore should not
make an assignment for the benefit of its
creditors. 1t should wind up its affairs and
uisuipule It's assets, under General St2tut
supra, sections 343O ct seq. or in an eaui.
table proceeding Instituted for that purpose
z Upon the winding up and dissolution Of
such an association the holders Of all classes
OF certlhcates are to be treated as men,
bers OF the association, and none are to be
treated ,es as creditors, and the rule of distr-
button OF its assets is necessarily different
from the order of payment made by it while
a going concern.
B.: An endowment fund set apart under the
bylaws for the payment of matured certif-
Gates as trust fund is equally trust fund
for the benefit Of all certificates, in pro-
ceedings to wind up the concern. because it
Is unable to meet and pay its certificates as
they mature.
A.. When the affairs of an endowment as
ISOLATION, organized under the statute above
referred to, are being wound up because of
It's inability to accomplish its purpose and
Its assets are to be distributed in proceedings
instituted for that purpose the expenses in
c;dent to the proceedings are first to be pa d.
and then the general creditors, if any. in
full. 80
And finally the evidence Of the trust fund
must be distributed pro rata among holders
OF certificates without regard to whether they
nave matured or not. Order affirmed
Collins ].