The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-10-28

of all the property to be taxed within
the city.
But how ascertained is the more
difficult. That is, how are we to ar
rive at the value of the taxable prop.
erty? Values of property for this
purpose cannot be ascertained by the
courts hearing evidence. One witness
will say that house and lot are
worth $4,000 and one witness larg.
er and another witness a smaller
sum. We find that the constitution
requires that such valuation shall be
ascertained by the last state and
county lists. The tax list in the first
instance is made by the township or
city assessor. His valuation as noted
by him and returned to the county
auditor, is binding, final and conclu.
slve, subject only to what may be
called appellate proceedings by the
board of review (the city counciD sub
ject further to the county board equal
lzlng as between precincts, and the
state board as between counties But
the assessors notations in the end.
modlf1ed or not modified, go into the
hands of the auditor. He takes the
hgureS thus returned and multiplies
them by the tax levies and his figures
are certified to the treasurer for col
lection. Practically ever since we
have been a state, the law has requir.
ed assessments to be made of the act
ual value of the property. But selfish.
ness and greed to avoid taxation by
individuals, and by assessors and
boards of review to assist neighbors
and political friends, has resulted in
valuation of from 80 to 40 per cent
or the true value. The result has been
the same as if true valuation had
been ascertained because the levy as
multiplier has been increased as
the valuation was reduced. But this
evil, real or supposed. was sought to
be remedied by the legislature by en-
acting statute presently to be no.
ticed
The valuation OF the property of
the taxpayers on which the 5 per cen.
tum computation is to be ascertained
by the last state and county tax list
What Is the tax list as defined by the
constitution? Section 1906 of the code
is as follows:
Valuation All property subject to
taxation shall be valued at it's actual
value, which shall be entered oppo.
site each item and shall be assessed
at 25 per cent of such actual value.
Such assessed value shall be entered
in separate column opposite each
item and is to be taken and consider
cred as the taxable value at which
it shall be listed and upon which the
levy shall be made. Actual value of
property as used in this chapter shall
mean its value in the market in the
ordinary course Of trade
Herein Is the pivotal question in
the case. And the statement thereof.
first of all, presents the inquiry
whether this statute has been con.
strued by the supreme court of the
state, and whether such construction
has been held to be valid or void UNI
der the provision of the Iowa consti-
tuition limiting the indebtedness of
city to 5 per centum.
THE construction given state stat
utes and state constitutions by the
highest court of state will ordinarily
be followed by United States courts.
Particularly is this so when the facts
and transactions of the case have
arisen since the decision of the SUI
preme court.
Therefore waving my own views.
and properly putting all arguments to
one side, it is only necessary to call
attention to what the state supreme
court has decided. If such construc-