The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-10-14
SUPREME COURT TO RULE
Continued from page H..

at - per head; that the said board,
in fixing the valuation Of the railway
lines in the state at less than one
eighth Of their actual cash value, did
not equalize the assessments of prop
erty so that taxation would be uni
form throughout the state, and so
that the burden of taxation would
bear equally upon all owners of tax
able property, as contemplated and
intended by the constitution, but the
action Of said defendant board per-
mits the corporate owners Of rail
roads to escape with one-eighth of
the burden Of taxation that should
be borne by them, while the private
owner and the farmer is compelled to
bear proportionately, eight times as
great a burden. and this afflant says
that the said defendant board has no
power, authority or jurisdiction, to
destroy in this manner the equality
of taxation intended and contempIat-
ed by our constitution.
''Affiant further SAYS that the de-
PENDANT board. in like manner, as
sumed and usurped the power to as
sess telegraph and telephone lines
throughout the different counties of
the state, without jurisdiction, for
the purpose Of imposing municipal,
that is, county and school district
taxes in the various counties and
school districts, under the provisions
of said act of March %, 1901, and
in violation of the provisions of the
constitution hereinbefore referred to
and cited.
''Attiant says that no appeal from
the action of the said state board OF
equalization is provided by the law,
and that af3ant has no other adequate
remedy. speedy or otherwise, and
that no plain, speedy or adequate
remedy is provided by Law to correct
the errors hereinherore shown 10
have been committed By the said de
fendaUt boari.
Wherefore the plaintiff demand:
and prays that the writ Of this hon
orabls court for the review Of said
proceedings be issued forthwith; that
the said defendant board be required
to certify up to this honorable court.
all u the proceedings Of the said
state BOARD Of equalization, hereinbe,
fore shown to have taken place, al
tn : session in August, 1908, ell oil
wb4cB are Of record in Minute Boob
2, Equalization, of record of the
office or the state auditor of the state
of Idaho, at pages Sc to 95 inclusive
and that the same be reviewed BY
this honorable court; that the said
order fixing the valuation and assess.
meut of railway lines IN the different
counties throughout the state, made
by the said defendant board, be an.
nulIed aud held void; that the said
assessment Of said railway lines, and
Of said telegraph and telephone lines
be held to lie without the iurisdic
ton Of the said defendant board, anC
within the jurisdiction OF the prop.
CT officers Of the counties Of the statI
for county purposes; that this cour
should hold the said act of March %
1901, and the said sections thereo
which In terms attempt to smpOwe
the said defendant board to aasess N
railway, telegraph and tslephoD
lines in the different counties 70
purpose Of imposing taxes thereon
tor county and school purposes to b
valid; that. nevertheless, that thi
honorable court hold and adjudRs tb
said order of the defendant boar
void for want of Jurisdiction In tina
IL assesses for taEation the asid rail
way lines at ons-eighth Of thel
aetual cash value. instead Of at thei
full and fair cash value, as require
By the statutes of this state, and 70
all general, special and proper relic
IN the premises.