The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1902-10-03


portion Of the whole property is sitEat-
ed and used IN this state and subject
to taxation therein, the relation such
part bears to the whole property as TO
its value being the basis on which the
assessment is TO be made
a The market value Of the stocks
and bonds Of q railroad corporation is
an important factor with other peril
nent information by which to deter
mine the fair cash value Of the prop
erty assessed which is represented by
such stocks and bonds
Is. The earnings Of railroad com
pany is evidence Of a most important
character in determining the true value
Of the property from which the earn
ings accrue and Is one Of the chief
elements which give value 70 the prop
erty and should be considered in de-
termining the value for assessment
purposes Of the entire corporate prop
erty which is assessed
16. Where the property Of a railroad
corporation is assessed by the state
board Of equalization as a unit and in
fixing the value thereof the board takes
into consideration the fact that the
property is being used for calculating
the objects Of the corporation; is earn
ing an income in the transportation Of
passengers, and carrying Of freight
for hire. and that such corporation IS
exercising the rights. powers and priv
neges Of corporations organized for
the purpose Of engaging in business
as common carriers, such assessment
so made would include and cover the
intangible as well as the tangible prop
erty Of the corporation and would be
an assessment Of its franchise
cd in he p
bar and held that in the assessment
Of the properties Of the railroad and
telegraph companies by respondents
the franchises OF such corporation were
valued and assessed in the assessment
Of the physical properties OF such cor
poratiOns-
IS. The state board Of equalization
is by law constitute a special tribunal
for the purpose Of assessing railroad
and telegraph properties and in the
valuation and assessment Of such prop
erty for taxation purposes they are
given exclusive jurisdiction
19. In assessing property for taxa
ton purposes. the board is clothed with
quasi judicial powers as 10 valuation Of
such property and when IL has once
acted on sufficient information and ex-
pressed an honest judgment as to such
value, its judgment can not be con-
trOlled by the writ Of mandamus- The
writ of mandamus is not a writ to cor
rect errors but TO compel action
20. The presumption is that when
an officer or assessing body values
property for assessment purposes, that
he acts fairly and impartially in fixing
such valuation.
q. Held in the case at bar under
the evidence the inference is not war
1antabls that the respondents acted
from fmpropr motives and fraudulently
in making the assessment complained
Of with the wrongful intention Of dis
eliminating in favor Of the railroad
and telegraph companies whose prop
erty was assessed
p. Where an assessing officer or
board disregards well known rules for
the valuation Of property assessed and
has refused TO consider reliable and
pertinent information regarding such
values and arbitrarily assesses proper
ty at a grossly inadequate sum. such
assessment may be treated as fraud
ulent and as in law no assessment.
%. Where in the assessment Of
property for municipal purposes in
cities Of the metropolitan and hrst
class different standards Of valuation
prevail than in the assessment Of
property generally throughout the
state for general purposes, and the
state board Of equalization can not as
sess property in harmony with such
different standards Of valuation. IL is
the duty TO observe the rule Of uni
fOrmity Of valuation Of property as
sessed generally for revenue purposes
rather than the standard prevailing in
the cities Of the classes mentioned
L.
municipal purposes
q. The constitution requires that
in the assessment Of taxes for munich
pal purposes. such taxes shall be uni
form with respect to persons and prop
erty within the jurisdiction Of the
body imposing the same
25. Whether the provisions Of law
requiring the valuation OF railroad and
telegraph property for assessment pur-
poses. made by the state board OF
equalization shall be taken and accept
ed as a correct assessed valuation Of
such property for municipal purposes
in cities Of the metropolitan and first
class when a different standard Of val
uation prevails as to the assessment Of
all other property in such cities yio-
lates the constitutional provision re-
duiring taxes TO be uniform through
OUT SuE4 LluuAE4 panty d al AAAAEEE--N-
ent taxing Jurisdiction Quaere-
20. The power Of the state board OF
euua IiZation to value and assess for
tax purposes sleeping and dining cars
operated on the railroads in this state
is derived from the statute. it being
within the province Of the legislature
to select a method by which all such
properties shall be valued and assessed
which is exclusive when no cOnstitu-
tional rule is violated
p. II assessing sleeping and dining
cars under the provisions Of sections
4Oa and 4Ob. the board can not value
and assess the franchises or other in
tangible property Of the corporations
owning such cars as independent spe-
cies Of property. In estimating the
value Of such property Tor assessment
purposes the assessing board in de-
termining the value thereof is not con-
fined alone to the cost Of construction
but nav consider the value Of the prop
erty assessed as a means Of earning in
come. the prOftableness Of the use TO
which il is put, and ascertain and hX
its true value for assessment purposes
with reference to the value II has as
used and by reason Of its use