Sterling Gas Co. v. Higby

Citations

• 134 Ill. 557
• 25 N.E. 660

Syllabus

<p>1. Taxation—as to corporations—classifying corporations—rule of uniformity—constitutional limitation. The constitution does not prohibit the legislature from placing certain specified corporations in one class, and providing a uniform method of assessment for that class, and placing certain other specified corporations in another class, and pro.viding a uniform mode of assessment for that class, different from the first class. The rule of uniformity in the constitution applies to the class, and not to all corporations alike.</p> <p>2. The fourth clause of section 3 of the Bevenue act,_as amended in 1879, which provides for the assessment of the capital stock and fran- • ehise of a certain class of corporations by the State Board of Equalization, and of other corporations by the local assessors, is not in conflict with section 1, article 9, of the constitution, in its requirement of uniformity.</p> <p>3. Same—former decisions. In this case, the rulings in Coal Run Coal Co. v. Finlen, 124 Ill. 666, and Ottawa Cas Light and Coke Co. v. Downey, 127 id. 201, are brought in review, and adhered to.</p> <p>4. Same—capital stock and franchise — as corporate property—for •purposes of taxation. Both the capital stock of a private corporation and its franchise are corporate property, for the purposes of assessment and taxation.</p> <p>5. The power to impose a tax upon the capital stock and franchise ■ of corporations formed for pecuniary profit is not confined to the first clause of section 1, article 9. of the constitution of 1870. The second clause is not'confined to occupations, but also applies to property rights.</p> <p>6. Same—State Board of Equalization—basis of its action in fixing valuations. The State Board of Equalization is not concluded by the valuation placed upon the property of a corporation by its officers, nolis it essential that it should first hear evidence in fixing the taxable value of property or in changing the valuation returned by the corporation. T