Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-10-25


SPRINGFIELD. Ills. October IT.
The supreme Court this morning affirm
ed the Judgment of the Circuit Court
OF sangamon county in what is known
as the Chicago Teachers Tax case
Shis In effect awards a writ of man.
damus against the State Board OF
Equalization 10 compel IL to assess the
| capital stock. including franchises of
twenty Chicago corporations, the fair
cash value OF whose capital stock, In
| GUIDING franchises, over and above the
value OF their tangible property, is al
legged to aggregate $23b,00o,0O0. The
Following are the corporations directly
affected: Chicago City Railway Co.,
West Chicago Street Railway Company,
North Chicago Street Railway Company.
Chicago Union Traction ompany. Peo-
pies Gas Light and Coke Co. Chicago
Telephone Co.. Chicago Edison Co.,
Chicago Consolidated Traction Co.. CHI
| cago Electric Transit Co, Chicago Y
Jefferson Urban Transit Co, Evanston
| Electric Railway Co., Cicero 4 Proylso
Street Railway Co., North Chicago Elec-
| trio Railway Co. North Side Electric
Street Railway Co.. Ogden street Rail-
way Co, Chicago North Shore Street
Railway Co., South Chicago City Rail-
way Co.. Chicago. West Division Rail-
way Co, Chicago Passenger Railway
Co., and North Chicago City hallway
Co.
This case was instituted by the
States attorney of Sangamon county
at the instance of the Chicago Teach
ers' Federation. 1t was for writ of a
mandamus to compel the State Board
] of EQUALIZATION TO assess the foregoing
corporations, which, It was alleged,
have hitherto escaped taxation by the
| board. The court holds that the Board
| in assessing corporations does not act
as board of review, but as an original
assessor, and that the performance OF
| It's duty to assess the fair cash value
| OF capital stock including franchises
| over and above the value of the tangi-
BILE property may be enforced by man
| damus. Instead of making a proper
assessment the court says that the
Board arbitrarily and wllfully failed to
follow proper and long established
rule in force in this State for making
such assessments by refusing to take
into consideration in making such as
sessments the bonded Indebtedness OF
said corporations. They also disregard
ed all other rules fop the making Of
such assessments in force at the time
of the filing or this petition. and for
the purpose OF eyading their duty
sought to pass new rules for their gov
eminent in making said valua tions and
assessments. and refused to consider
the information then before them. fur
nished by the assessors. as provided by
stat,te and assessed the capital stock
and franchises of said corporation at
a nominal sum instead of at the fair
cash value thereof. While IL IL true
that fraud will not he presumed and
that the decision of the state board OF
Equalization in fixing value OF cofpor-
ATE property for the purpose of taxa
tion is ouasi-iudiciaI in it's nature. still
when II is apparent TO the court that
every wei, known rule for the yalua.
tjon Of capital stock. including fran
chises has been violated and arbitrar-
Nv d,sreearded bv the Board. and such
,oard has refused to consider the state
ment as to values prepared by the as
SCISSORS under the statute for its use.
and has refused to consider informa-
tion as to the value of such corporate
pronerty submitted to It by interested
narties and has arbitrarily fixed such