Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-11-01
rulL s,TTiNo or IOWA SUPREME
COURT TO DECIDE AN
IMPORTANT QUESTION.
INSURANCE COMPANY
ss ASKING REBATE
alsek Hawk County Made Defendant
IN Suit TO Compel Return Of Taxes
Assss sed and Paid-Many Cases OF
4 Similar Nature on Way to Supreme
ceurt-Many Contingencies.

Waterloo, Nov. i.--Decision IN q tax
alton case Of tremendous Importance
and Of wide-reaching effects will be
made soon by the supreme court.
Notice was received today that a
hull sitting Of the supreme Justices
twir be held at Des Moines Dec. 0 for
|koral arguments in the case OF iowa
Life Insurance Company against the
aboard Of supervisors of Black Hawk
|keounty. appellant This early hearing
~ asked BY the high court because OF
ths Importance OF the case and the
Ieonstitutional questions Of the Iowa
Rax laws which are involved.
=. W. Arbuckle and Alfred W. Null
Ian, represent the insurance company,
which seeks to recover $4,000 in taxes
From the county which are alleged to
have been overpaid, and II. II. Havner,
attorney general. and E. J. Wenner,
bounty attorney, represent Black Hawk
bounty
! Tns constitut,onality Of the moneys
and credits statute, enacted in 1911, Ia
hailed into question by the attorney
ksnorai who seeks to prevent insur-
Anes companies Of iowa from collect
lng tAxss ovsrpaid to the amount OF
hundreds Of thousands Of dollars
Judge solss' Ruling involved.
In 1911 the legislature passed law
which changed the taxation OF moneys
and credits and certain shares OF cor
porntion stock This law provided that
1nonsys and credits and certain stocks
should be taxed mills on the dollar
1t the full value turnout Iowa. It Is
section 181e Of the supplements
+ Other glasses Of personal property
Aucept bank stocks are assessed under
heotion 1905 Of the supplement which
Il ON Is per cent of the real value, on
the basis Of the consolidated levies.
! The supreme court in 1918, In q case
from Polk county. held that the as
assessment Of shares Of stock In insur-
tAnoo companies should be the same as
moneys and credits; that ID, s mills on
il dollar.
Undsr this decision tho iowa Life
Insurance Company and the Iowa
Manufactures Insurance Company Of
waterloo, along with numerous other
Insurance companies shruout the state.
tmade . demand for the return Of taxes
lpaid In the previous five years which
EWouid b In excess Of mills on the
EaDllar This amount in Polk county
i1aa up towards $4,000, and, when the
tWhele state L. considered. the demand
Ilor ovSrpaid taxes will mount up into
Itho Hundreds Of Thousands.
L Demurrer Was overruied.
The iowa Ilfs asked the county board
10 restore to It $4,000 in taxes, the
iAmount 1t claimed that had been over
paid. The county objected. Attorney
General Havner filed q demurrer, at
stackinS the constitutionality Of the
imonsyu and credits statute on the fol-
1owtnS groundsi
+ Ttrst-That Il contravenes section
lof article I, Of the constitution Of Iowa,
(which provides for the uniform opera.
ton Of all laws Of q general nature.
Dscond-That It eontravenes section
no Of article III, OF the constitution.
(which forbids the general assembly
jzrom passing local or special laws for
the assessment and collection OF taxes.
Third-That it contravenes section 2
i1s article VII. Of the constitution,
(which provides that the property Of
corporations for peculiarly profit shall
tbo subject to taxation the same as in
dividuals.
Judge Boies overruled the demurrer.
Thereby sustaining the constitutional
ity Of the moneys and credits law and
holding. in effect that the insurance
company was entitled to refund.
| The county board then appealed on
the advice Of the attorney general.
! Many other cases Of a similar nature
are on their way to the supreme court,
but tire Iowa Life case from Black
Hawk has the right Of way and will be
the ono upon which a monentous de-
tcision will be based by the supreme
Justices at their sitting Dec. ..
/ IN support Of its contention that 1t