The Red Cloud chief., 1902-09-26

ed and used in this state anu subject
To taxation therein. the relation such
part bears to the whole property as 70
It's value being the basis on which the
assessment is to be made.
IL. The market value OF the stockS
and bonds OF a 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 ny
such stocks II bonds.
Is. The earnings of a railroad COM
pany IL 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 chlet
elements which give value to the prop
| prty and should be considered IN ue-
| termining the value Tor assessment
purposes of the entire corporate prop
erty which is assessed.
Is. Where the property OF a railroad
| corporation Is assessed by the state
board of equalization as a unit anu III
fixing the value thereof the board takes
into consideration the fact that the
prOpprty is being used for circulating
the objects of the corporations Is earn
ing an income in the transportation Oh
passengers. and carrying OF trelBht
for hire. and that such corporation Is
exercising the rights, powers II PRIV
ileges of corporations organized lot
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.
II. Evidence examined in the case at
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 i'll the
valuation and assessment of such prop
erty for taxation purposes they are
given exclusive jurisdiction.
~. In assessing property for taxa
ton purposes, the board is clothed with
quasi judicial powers as TO valuation OF
such property and when II has once
acted on sufficient information and cX-
pressed an honest Judgment as TO such
value. its judgment can not be con-
trollcd by the writ of mandamus. The
writ OF mandamus Is not a writ to cor
rect errors but tc 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.
81. Held in the case at bar under
the evidence the inference is not war
lantable that the respondents acted
from impropr motives and fraudulently
In making the assessment complained
| of with the wrongful intention of dis
eliminating in favor OF the railroad
and telegraph companies who's prop
erty was assessed, %
-. Where an assessing officer or
board d%isregards 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
~ at a grossly inadequate sum. such
assessment ma be treated as fraud
ulent and as in law no assessment.
%. Where in the assessment or
property for municipal purposes in
cities of the metropolitan and first
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, It is
the duty to observe the rule of uni
fprp,ttu nf valuation nf nrnnnrty as
sessed generally for revenue purposes
rather than the standard prevailing In
the cities Of the classes mentioned
when property therein Is assessed FOL
municipal purposes.
"a. The constitution requires that
In the assessment of taxes for munici.
pal purposes, such taxes shall be uni
form with respect to persons and prop
erty within the jurisdiction OF the
body imposing the same,
%. Whether the provisions OF Law
requiring the valuation Of railroad anC
telegraph property for assessment pur
poses. made by the state board o
equalization shall be taken and accept
ed as a correct assessed valuation o
such property for municipal purposes
!, in cities of the metropolitan and frs
CLASS WUtn u ulutItIlt o'dibdlu VI val
uation prevails as to the assessment o
all other property in such cities VIC
lates the constitutional provision re
curing taxes to be uniform through
out such municipality as an indie pend
? ent taxing jurisdiction. Quaere.
l %. The power of the state board a
= equalization to value and assess 10
tax purposes sleeping and dining car
= operated on the railroads in this stat
= is derived from the statute, it bein
within the province of the legislator
to select a method by which all sue
e properties shall be valued and assesse
g which Is exclusive when no Constitr
e tional rule is violated
81. 1t assessing sleeping and dinin
cars under the provisions OF section
y 40a and 40b. the board can not valu
and assess the franchises OF other il
e tangible property of the corporation
owning such cars Is independent spt
: cies OF property. In estimating th
value OF such property for assessmer
q purposes the assessing board in d.
d termining the value thereof Is not col