Porter v. Rockford, Rock Island & St. Louis Railroad

Citations

• 76 Ill. 561

Syllabus

<p>1. Taxation—legislative power over, in general. The right to tax, which, from necessity, is inherent in every government, with us is vested in the legislature, which possesses plenary power over the subject, except so far as it is restricted by the constitution of the State or that of the United States.</p> <p>2. Same—constitutionality of the law of 1872 for taxing railroad corporations. The third section of the consolidated revenue act of 1872, requiring that the capital stock of all companies and associations then or thereafter created under the laws of this State, shall be so valued by the State Board of Equalization as to ascertain and determine, respectively, the fair cash value of such capital stock, including the franchise, over and above the assessed value of the tangible property of such company or association, being a general law, and uniform as to the class upon which it operates,, is not in violation of any constitutional provision.</p> <p>8. Constitutional law—taxation of corporations. Section 1, article 9, of the new constitution, does not require that the legislature, in providing for the taxation of corporations, to designate the precise amount which each corporation shall pay, and that this shall be the same on each corporation, without regard to the value of the franchise or the privileges enjoyed, nor that such taxation shall be of like character with that which may be imposed on inn-keepers, and others pursuing the particular vocations named.</p> <p>4. This part of the constitution only requires that corporations shall be taxed in such manner as the General Assembly shall, from time to time, direct by general law, and the only uniformity required is as to the class upon which such general law shall operate. Its design was, to enable the legislature to make the burthen of taxation proportionate, by applying a different rule to corporations and the vocations named from that applied to individuals.</p> <p>5. Same—mode of taxing corporations discr