The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-10-25
Tx DODGERS LOSE
Chicago Corporations Must
be Fairly Assessed.
BOARD OF EQUALIZATION
Ordered to Meet and Act
According TO Law,
BOARD OF EQUALIZATION

Springfield. H., Oct. 24.-The suprem
court today affirmed the judgment 0
the circuit court Of sangamon county il
what is known as the Chicago franchis,
tax case. This. in effect, awards a wri
Of mandamus against the state board o
equalization to compel it to assess tn,
capital stock. including franchises Of
twenty Chicago corporations. the fail
cash value Of whose capital stock, incIud
ing franchises. over and above the value
Of their tangible property, is alleged tc
aggregate S285, ,OoO Following are the
CORPORATIONS directly affected:
Chicago City Railway company; West
Chicago Street Railroad company; Chi.
cago Union Traction company; Peoples
| Gas Light and Coke company; Chicago
| Telephone company; Chicago Edison com
pany; Chicago Consolidated Traction com
pany; Chicago Electric Transit company
| Chicago and Jefferson Urban Transit
company; Evanston Electric Railway
| company; Cicero and Proviso Street Rail
Railway company; North Side Electric
Railway company; Ogden Street Railway
company; Chicago North Shore Street
| Railway company; South Chicago City
Railway company; Chicago West Divi-
| sion Railway company; Chicago Passen-
I ger Railway company, and North Chicago
| City Railway company.
| This case was instituted by the states
| attorney of Sangamon county at the in
| stance Of the chicago Teachers Fedora
! ton. It was for writ of mandamus to
\ compel the state board Of equalization
/ to assess the foregoing corporations,
! which, it is alleged, have hitherto escaped
taxation by the board.
The court holds that the board in as
sessing corporations does not act as a
| board of review, but as an original asses
| sor and that the performance of its duty
to assess the fair cash value of the cap
ital stock, including franchises, over and
above the value Of tagnible property,
may be enforced by mandamus. Instead
Of making a proper assessment, the court
I says that the board arbitrarily and will
| fully failed to follow a proper and long
established rule in force in this state for
making such assessments by refusing to
take into consideration, in making such
assessments, the bonded Indebtedness of
said corporations. They also disregarded
all other rules for the making of such
assessments in force at the time of this
petition and for the purpose Of evading
their duty. sought 10 pass new rules for
their government in making said valua-
tons and assessments and refused to
consider the information then before
them, furnished them ny the assessors,
as provided by statute, and assessed the
capital stock and franchises of said cor
porationst at a nominal sum instead of
at the fair cash value thereof. While it
is true that fraud viii not be presumed,
and that the decision Of the state board
of equalization in not fixing the value
of corporate property FOR the purpose of
taxation, is quasi judicial in its nature,
still when it is apparent to the court that
every well known rule for the valuation
of capitaoi stock, including franchises,
has been violated and arbitrarily disre-
garded by the board, and such board has
refused to consider the statement as to
values, prepared by the assessors, under
the statute. for its use and has refused
to consider the information as to the value
Of such corporation property submitted
to it by interested parties, and has arbi-
trarily fixed such at grossly inadequate
sum under rules passed by it for the oc-
casion, the court is testified in holding
that fraud in making of suCh assessments
has been established and such PRETENDED
assessments may be properly disregarded
ane treated as no assessment and such
board be coerced by the writ CT manda-
mus to assess such property.
The poinion quotes the order of the
lower court as follows:
And it is further considered and d.
rected by the court that you, the said
state board and the members thereof be.
and you are hereby commanded TO con-
vene forthwith at the capital building
in the county Of Sangamon. and that YOU
there forthwith value and assess the cap
ital stock. including the franchise of each
Of said companies herein named. as of
April 1, 1900, in the manner provided by
law, so as to ascertain and determine
respectively as to each of said corpora
tons the fair cash value of its capital
stock, including its franchise. over and
above the assessed value OF the tangible
proDert yof such company, for the year
1890. And it is further ordered that. in
arriving at such valuation and assess
ments of the capital stock. including the
franchises Of said companies hereinbefore
named the said board. and each member
thereof shan. from the best information
ohtainahle by j. and them, ascertain and
take nto consideration. among other
. o q.
same was on the first day of April $780, /
The market valu. or II no market value, /
then the fair cash value of its shares
of stock and lne total amount of all its
Indebtedness. except the Indebtedness for /
current expenses. including from such ex- /
penses that amount paid for the purchase /
or the improvement Of property and the +
assessed or eQualized valuation of all tan 1
gible property OF said corporations re- /
spectively on said April = 1870. and You /
are further commanded 70 direct the re- /
spcctive assessments 50 made TO be Ger +
titled 20 by said auditor Of public accounts !
u the county clcr kof Cook county. that /
Jhe taxes Tor all purposes thereon may (
be extended by said clerk for the year
1870. You are further commanded 10 make !
return 70 this court on the 18th day 81 +
June. 1881. i'm what manner wou have /
complied with this order. The court does +
nor hy IT'S order aad Judgment undertake (
To control the discretion or Judgment /
of The respondents in the valuation or
asse ssnent of ceh sopi-al stock. Including f.
tae franchises. OF said corporations 1t I
only lays down The rules % law which /
govern and the methods whieh should 1
be pursued by the respondents in making /
such valuation and ass sSuerts. This We +