Law Library Cornell Law School the gift of ^..eokiM.^... r!3!rH5fer.....IM^'iaa,ec-^., 2*«Aifc.... Date .£^e.„ ,„..„ Assessed Valuation Years Population valuation Per Capita 1856 517,875 $164,394,413 $317.44 1857 562,930 210,044,533 373.13 1859 641,628 197,823,350 308.31 1861 685,713 177,244,316 251.19 1863 701,093 167,108,974 238.35 1865 756,427 215,063,401 284.31 1867 902,317 256,517,184 284.28 1869 1,045,025 294,532,252 281.84 1871 1,217,900 348,642,728 286.26 1873 1,251,340 369,124,912 294.98 1875 1,350,553 395,423,140 293.52 1877 1,445,900 404,670,044 279.87 1879 1,541,000 405,541,397 262.14 1881 1,660,000 419,102,728 252.47 1883 1,700,000 463,824,466 272.83 1885 1,753,980 489,660,081 279.17 1890 1,911,896 523,861,858 273.47 1900 2,231,853 539,737,596 341.83 1910 2,224,771 693,211,177 311.59 With reference to this relation between the growth of popu- lation and increase of asessed valuation, the Auditor of State in 1885 made the following significant stateme];it: "The total equalized valuation of property is $489,660,081. That this figure very inadequately represents the wealth of the state needs no argu- ment to estaiblish. It is palpable. No observing person will contend that the state's growth in population until it now contains one and three- fourths millions of people within its borders, has not been accompanied with a much greater increase in wealth, both aggregate and productive. Yet the figures ,of the assessors would indicate far otherwise These figures show that, while the population of the state has increased in the last twenty-nine years, 238 per cent, the assessed valuation of property has been raised only 198 per cent."" 16. Report of Auditor of State 1885, p. X28. 28 TAX COMMISSION REPORT The obvious reason for this decrease in per capita assessed valu- ation in spite of the fact that the wealth of Iowa has increased more rapidly than the population is apparent. From a consider- ation of Table III, which gives the actual and assessed value of taxable property for the years 1850, 1860, 1870, 1880, 1890, 1900 and 1904, it appears that in 1850 the revenue system was fairly well adapted to the pioneer conditions of that time when practically all property was visible and consisted of real estate. The assessed value as given in the Report of the Auditor of State was nearly 100 per cent of the actual value as shown by the' Federal Census Report. It will be observed, however, that the assessed value has declined very rapidly. While the census figures of actual valu- ation for 1910 are not yet available, it is a matter of common knowledge, in fact, is generally admitted, that property on an average is now being listed at approximately one-half of its value and assessed at one-fourth of that sum. TABLE III." Actual and Assessed Value of Taxable Property 1850-1904. Date Actual Value "'^Value'^ Per Cent. 1850 $ 23,714,638 ? 22,623,334 95 1860 247,338,265 185,000,000 75 1870 574,115,800 294,532,252 51 1880 1,721,000,000 409,819,020 23 1890 2,226,117,151 523,862,858 23 1900 3,271,559,959 539,737,596 13 1904 3,943,314,927 642,445,336 16 Table IV gives statistics of average assessed value by coimties and has been compiled from data received from the county re- corders and county treasurers of the state. 17. Data compiled from the Federal Census Reports for actual valuation and from the Reports of the Auditor of State for assessed valuation. TAX COMMISSION REPORT 29 TABLE IV." A study of Assessment by Counties. Name of County ^^Naoi^^ Adair 47 Adams 34 Audubon 50 Black Hawk 26 Boone 37 Bremer 24 Carroll 32 Calhoun 42 Cass 17 Cerro Gordo 38 Cherokee 37 Clay 24 Clayton 27 Clinton 40 Crawford 22 Davis 36 Decatur 43 Dubuque 24 Emmet 48 Floyd 24 Fremont 23 Greene 44 Grundy 35 Hancock 48 Hardin 19 Harrison 24 Humboldt 49 Jefferson 25 Linn 5 Louisa 29 Lyon 28 Marion 40 Marshall 47 Mitchell 19 Jfontgomery .... 44 Muscatine 22 No. of Acres Sale Value Taxable Value Per Cent. of Taxable to Sale Value 5,753 $512,114 $56,952 11 3,400 306,131 36,065 11 5,808 706,981 74,525 11 3,546 341,276 35,537 10 3,535 352,085 43,305 12 154,308 20,240 13 3,110 381,100 37,661 10 486,983 55,515 11 1,797 191,954 22,195 11 4,984 391,773 53,371 11 .... 486,315 41,048 8 3,355 294,363 31,951 10 2,049 134,569 14,378 10 4,038 414,583 49,400 11 309,128 41,187 13 2,940 188,385 28,101 14 6,191 399,157 53,059 13 2,326 224,580 31,904 14 7,301 490,521 71,928 14 2,646 233,420 29,647 12 2,793 258,175 26,480 10 6,183 679,255 65,849 10 685,872 70,713 10 8,738 657,345 69,054 11 305,332 35,979 11 288,870 42,229 14 .... 436,333 79,491 11 2,891 331,446 36,617 11 365 44,200 7,050 15 213,087 23,421 10 4,713 369,526 50,267 13 3,632 346,184 47,593 11 .... 704,879 86,176 12 3,520 289,059 32,793 11 .... 708,376 78,398 11 2,082 217,280 31,790 10 18. It win be understood that the listed value and per cent of listed to sale value of farm lands is four times the taxable value and per cent of taxable to sale value as given in this Table, and also in Tables VIII-XII. In-other words, where the taxable value Is 13 per cent of the sale value as given in the last column of said tables, it means that said land is now being listed by the assessor at 52 per cent of what it would bring on the market in the ordinary course of trade. 30 TAX COMMISSION REPORT TABLE IV— Continued. Per Cent. No. of No. of Sale Taxable of Taxable Name of County transfers Acres Value Value to Sale Value O'Brien 49 7,361 795,507 88,028 11 Page 44 4,580 696,165 72,178 10 Palo Alto 39 5,638 475,761 53,052 11 Plymouth 48 6,014 693,404 68,326 10 Pocahontas 44 8,100 778,554 94,006 12 Polk 29 2,480 260,625 40,825 15 Pottawattamie .. 24 2,813 343,481 37,200 11 Poweshiek 44 5,420 743,675 75,632 10 Ringgold 43 4,077 292,385 42,200 15 Sac 43 582,893 62,745 11 Sioux 36 4,375 606,540 59,795 10 Story 42 .... 655,427 68,939 15 Taylor 48 .... 465,189 45,588 10 Van Buren 27 2,386 140,810 15 Washington .... 25 2,428 340,540 45,458 13 Wayne 34 3,372 226,160 31,348 13 Webster 39 4,446 379,962 51,180 13 Winnebago 22 .... 172,512 26,238 15 This Commission sent out blank forms, to the county recorder in order to ascertain the sale value of farm lands well distributed over the county. No tracts of less than forty acres were included and instructions were given that all sales should be omitted that were clearly based on a nominal or fictitious consideration. In this blank, nothing was said about taxable values; but when the sale value of said pieces of land was obtained, the descriptions of such tracts were placed on a separate blank and sent to the county treasurer, with a request that he place opposite the descrip- tion of each tract the taxable value thereof. In this way the Commission secured more reliable data than would have been obtained by asking for it all on one blank, for the obvious reason that many county ofScials might be anxious to make the best pos- sible showing for their own county. While we were obliged to secure data of assessed and sale value through the co-operation of county ofScials, it is believed for reasons above suggested that the results are reasonably accurate and sufficient for the purposes of the Commission. Other states like Wisconsin, Minnesota, and Kansas have made a much more comprehensive study of assessed and sale value but this has been done by permanent tax commissions, granted sufficient appropria- TAX COMMISSION REPORT 31 tions and possessing all tbe necessary time to do the work on a thorough, scientific basis. A glance at Table IV which gives the number of transfers, number of acres sold, sale value, taxable value, and per cent of taxable to sale value in more than one-half of the counties of the state, shows that the taxable value of Iowa lands is approximately 12 per cent of the sale value. This means that the listed value of farm lands is slightly less than half of the sale value according to the statistics returned by the county recorders and county treasurers. It also appears that the average assessed value ranges from about 10 per cent in Carroll, Plymouth and Sioux counties to 13 per cent in Crawford, Decatur, Lyon and "Washington, and 15 per cent in Polk, Einggold, Taylor and Winnebago. In other words. Table IV shows, a very decided under-assessment of farm lands, and also substantial inequalities in the average assessed value of this class of property as between the various counties of the state. While it is not contended that this data is absolutely correct, it should be stated that the results check up fairly well with other sources of information along similar liaes. In 1909, the Executive Council sent out blanks in order to as- certain the actual and assessed value of farm lands in the various counties of the state, said information to be used as a basis of review of equalization of aggregate county assessments, and at the same time to enable the Council to form a more accurate judg- ment as to the comparative assessed valuation of farm lands and railroad property. . Table V gives the information along this line which was secured by the Secretary of the Executive Council. In fact, this table gives the per cent of assessed to sale value both in 1903 and 1909, the same being the only dates when informa- tion of this character was secured. 32 TAX COMMISSION REPORT TABLE V. Abstract of Lands Valuations and Transfers, 1909. Counties .2 I '°S S I o ^^ a d3 ao.H aoag 3 n S ■SoS I u-i a o a P > oJ IB (> I Adair 1 $37.02 $36.84 Adams 2 42.51 38.13 Allamal^ee 3 23.42 Appanoose 4 32.06 Audubon .5 45.77 Benton 6 63.78 Black Hawk 7 49.96 Boone 8 48.07 Bremer 9 43.22 Buclianan lo 42.66 Buena Vista _. ii 45.76 Butler 12 4«.ei Calhoun 13 46.78 Carroll 14 60.92 Cass 15 46.89 Cedar 16 61.60 Oerro Gordo „ 17 42.37 Cherokee 18 44.84 Chickasaw 19 Clarke 20 32.92 Olay 21 ^.16 Olayton 22 32, Clinton 23 49.37 Crawford 24 43.03 Dallas 26 50.07 Davis 26 32.54 Decatur 27 32.30 Delaware 28 43.62 Des Moines 29 43.60 Dickinson 80 Dubuque 31 40.88 Emmet __ 32 Payette 33 38.27 noyd 34 43.50 PranMln 35 46.18 Fremont 36 42.48 Greene 37 4,7.29 Grundy 38 50.33 Guthrie 39 Hamilton 40 47.03 Hancock 41 34.85 Hardin 42 48.05 Harrison 43 37.; Henry 44 42.34 Howard 45 89.87 Humboldt 46 40.45 fda 4V 46.85 Iowa 48 40.66 .Taekson 49 33.11 Jasper 50 48.21 Jefferson 51 Johnson 52 49.93 Jones 53 45.62 Keokuk 54 42.64 Kossuth 56 34.95 Lee 56 3(5.58 L'hh 57 51.85 Louisa 68 4o.'56 Lucas 69 33.64 Lyon 60 39.40 Madison 61 38.85 Mahaska I 62' 43 88 53.34 31.83 44.33 es.ea 48.79 47.77 43.22 41.66 45.12 44.51 46.68 48.37 43.02 51.22 41.16 43.47 87.72 31.90 38.73 34.12 48.61 41.18 61.08 31.96 32.10 39.79 44.60 36.84 39.62 34.45 37.70 40.62 43.76 41.91 43.98 62.14 38.91 44.85 32.29 47.67 37.19 44.46 38.I5R 40.34 53.83 41. 7F 32.85 46.97 38.14 50.00 44.65 44.70 32.39 37.55 52.19 41.31 31.96 37.70 35.91 43.61 $37.68 37.51 24.45 33.13 44.32 54.23 50.67 43.41 42.73 47.02 43.80 45.77 49.14 42.87 53.04 44.66 44.44 37.96 32.46 38.35 34.73 48.75 42.87 49.07 32.24 32.25 40.17 45.15 36.70 41.32 34.96 41.78 41.02 44.22 40.84 44.63 52.12 39.67 47.65 32.3f 47.85 S7.71 48.04 36.46 40.60 45.28 32.98 51.31 44.28 65.15 47.31 45.06 32.04 39.64 65.30 43.62 31.91 39.66 35.64 43.88 474,738 490,902 213,823 248,335 334,287 297,348 486,442 360,380 295,506 408,216 511,080 471,670 406,117 618,641 600,600 494,775 357,886 849,177 232,820 85,723 386,495 283,732 i«9,70S 861,832 528,599 169,420 252,496 118,850 185,344 371,490 377,110 283,933 343,369 !'52,176 434,961 327,133 491,649 654,336 303,832 626,578 491,894 483,870 299,706 231,020 187,080 301,305 383,412 346,114 69,366 666,327 176,400 139,620 146,747 -%1,760 444,366 492', 03S 634,301 123,976 179,656 427,r" 387,318 164,940 i 275,135 911,044 275,332 157,862 474,355 429,706 258,338 432,820 249,528 211,860 612,313 296,342 451,368 742,196 382,481 583,208 693,942 628,136 269,762 437,382 447,893 966,497 288,272 301,882 261,366 279,655 323,549 26S,176 111,172 396,518 360,200 376,173 4ffr,195 484,283 374,181 4?6,6i75 290,939 405,280 166,315 351,737 401,228 242,642 359,663 212,997 747,287 439,749 668,967 463,465 269,181 412,851 370,976 230,307 176,680 1,066,686 613,960 314,639 1,012,388 409,362 271,175 484,280 463,495 512,869 248,388 254,272 140,238 187,893 160,192 167,420 265,061 200,800 199,191 242,406 285,752 270,084 248,997 330,964 284,289 265,008 237,108 398,736 139,236 .55,918 212,682 171,555 229,600 479,720 294,820 132,702 165,529 82,230 91,122 253,576 238,309 175,. 573 227,784 150,112 248,636 171,668 257,596 306,572 180,263 369,99'! 251,096 262,724 128,745 129,048 110,640 160,262 186,628 173,996 44,714 328,286 107,433 80,086 102,368 209,886 223,770 300,776 323,284 71,866 111,968 261,960 194,344 89,640 175,346 798,128 224,271 143,294 407,938 376,164 166,801 365,146 188,202 175,490 608,448 234,688 413,381 669,381 285,809 473,832 433,175 449,307 175,867 326,943 407,362 803,163 231,596 262,021 208,564 264,831 274,794 190,677 83,686 358,307 292,247 330,689 308,061 380,980 306,600 274,718 265,460 310,943 157,108 321,242 239,802 213,036 302,833 209,028 615,346 303,188 440,775 311,304 188,793 363,363 287,623 196,290 147,949 939,187 412,658 300.127 866,225 334,728 224,947 3.58,630 351,.332 396,649 49 67 95 86 82 83 74 76| 61 77' 62 1 2 3 4 6 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 40 41 42 43 44 45 46 47 48 49 6D 61 52 53 64 65 56 57 TAX COMMISSION REPORT TABLE V— Continued. 33 Counties V OJ OJ o. Q. a S 3 T32 TdrH sl S 0) »H 0} 3 y 3 o n" CT-d , o-rt w f>^ M 5Sp a! p. •a CD J a <3 > — ■« . O ojo ■aSs ■goS °S-2 s o OJM sg ss » 1 > 1 o a O o o! Ht> ?i.«i o ** II «i FM Pm'-' Marion Marshall Mills Mitchell Monona Monroe Montgomery .. Muscatine O'Brien Osceola Page Palo Alto Plymouth Pocahontas Polk Pottawattamie Poweshiek Ringgold Sao Scott Shelby Sioux ___' Story Tama Taylor Cnion Van Buren Wapello Warren Washington __. Wayne Webster Winnebago Winneshiek Woodbury Worth .._ Wright Totals and averages ._, sr 39.68 40.96 40.51 eo.i5 50.70 53.17 45.6E 45.30 46.94 39. 7« 39.00 39.40 29.76 31.47 30.25 33.23 84.47 35.30 46.96 47.71 48.60 50.26 61.17 61.77 42.27 39.82 39.96 37.36 37.07 S7.20 47.86 50.14 B2.90 34.62 31. 7S 80.75 40.15 39.67 39.48 44.03 38.67 40.47 57.96 62.89 60.00 47.90 60.83 62.48 45.40 45.se 46.14 34.82 32.40 33.24 47.36 45.69 46.12 69.60 58.89 59.84 41.22 38.89 42.21 43.82 43.37 43.41 4».71 48.56 49.16 48.58 45.68 49.36 40.63 37.52 88.03 37.44 36.84 36.25 33.25 32.67 35.20 33.18 37.87 36.02 41.80 43.58 44.31 44.38 44.75 46.69 34.20 33.20 34. 7S 44.29 41.03 42.53 34.21 31.43 80.83 37.46 37.83 37.86 S5.38 35.71 87.18 35.97 35.78 36.98 39.43 S9.17 39.83 $41.97 $41.35 $42.17 281,184 513,687 224,240 600,117 352,168 113,822 448,560 667,811 668,292 317,168 683,115 830,885 829,496 311,632 287,162 579,802 612,885 333,165 450,840 442,812 617,745 684,602 683,850 542,200 397,^5 265,249 208,024 168, 2E8 480,344 720,742 397,090 544,824 588,610 95,172 333,520 224,070 551,008 408,459 420,399 283,740 635,165 465,651 200,125 608,907 292,842 330,284 369,800 919,710 285,415 876,417 631,174 289,888 463,761 285,416 762,460 442,618 411,887 146,958 480,690 526,779 541,489 239,570 590,279 269,250 96,643 861,970 793,776 185,612 742,089 676,619 414,976 826,259 362,021 637,305 154,U3 249,230 117,143 282,468 186,841 79,443 200,448 357,501 278,468 171,877 295,913 173,398 389,380 158,286 169,672 314,492 802,908 192,824 233,340 235,940 291,883 362,296 250,688 284,336 231,864 143,919 141,821 83,384 329,964 354,960 128,669 2S8,0T8 301,212 63,374 169,488 121,716 302,423 $ 38,838,515 $ 42,393,579 $ 21,257,937 357,730 356,666 213,194 402,472 292,965 174,674 365,772 270,968 208,046 289,857 720,668 246,360 687,473 426,154 270,130 434,156 208,656 690,347 827,866 356,417 112,313 396,467 388,852 433,211 179,660 465,724 214.781 71,269 381,328 647,857 161,666 622,478 668,361 327,268 254,447 225,257 383,425 $ 33,974,6 65 eo ,68 64 66 67 70 71 72 78 74 75 7» 77 78 79 80 84 es 8S 87 90 91 92 93 94 95 es 97 98 99 On May 3, 1903, the Secretary of the Executive Council addressed the following letter to all county auditors : "The Executive Council having determined that it is desirable that data be gathered relative to the actual value of lands and other prop- erty in the several counties of the state. I am directed by the governor to request, under the authority of Section 544 of the Code, that you furnish during the current month a list of lands that have been con- veyed In your county between the dates May 1, 1908, and May 1, 1909, by deeds, representing the real sale value thereof, together with the actual values placed upon the same by the several assessors and as equalized by the township and county boards of equalization. 3 34 TAX COMMISSION REPORT In selecting the tracts, endeavor to select tracts from each township of the county, if possible. Select tracts of 160 acres or more in preference to smaller tracts, and in no case select tracts of less than 40 acres. Do not report more than six descriptions in the same township nor more than an average of three for all the townships of the county. Discard transfers based on contracts made prior to 1908, where you can determine the fact from the conveyance or from information in your possession. Discard quit claim deeds and all other deeds that for any reason do not represent the actual value or present value. With this letter will be sent a printed form for the land transfers." While the data thus collected may be incomplete the same as similar data collected by this Commission, it represents fairly well the actual conditions now prevailing in Iowa. In 1903, the ratio of assessed to sale value was as follows in selected counties : Adair, 63 per cent ; Adams, 87 per cent ; Appanoose, 91 per cent ; Monona, 65 per cent; Polk, 93 per cent; and Warren, 100 per cent. In the same list of counties the ratio of assessed to actual sale value was as follows in 1909: Adair, 52 per cent; Adams, .52 per cent; Appanoose, 75 per cent ; Monona, 57 per cent ; Polk, 57 per cent ; and Warren, 69 per cent. Two conclusions are apparent from a study of this table: first, that the assessed valuation . decreased viery materially, the general average being eighty per cent in 1903, as compared with fifty-five per cent in 1909 ; and second, gross in- equalities exist as between the aggregate assessed valuations of the various counties of the state. Information of this same general character has also been fur- nished by the representatives of the railroad companies, for the period January 1, 1910, to June, 1911, covering thirteen counties, including 3,912 transfers and 530,373 acres of farm land. As so presented, Table VI gives the number of sales, acres sold, average price per acre, average assessed value per acre under 1909 assessment of land sold, ratio of 1909 assessed value to sale price during period, estimated average true value per acre of entire county as of January 1, 1911, and ratio of 1909 assessed value to estimated true value of January 1, 1911. TAX COMMISSION REPORT 35 TABLE VI. Land Values in Iowa, January 1st, 1911. (Based on Land Sales Jan. 1, 1910, to May and June, 1911) (0 o ssed value der 1909 of lands rs V 0) S ssed value entire erl909 —Dollars eragetrue ere of en- asof Jan. ollars assessed bimated 3f Jan. er cent. County H o CO 1 ge asse acreun ssment -Dolla |S'5 ,«■** so o o a . verage asse per acre of county und assessment ge true of ent ng peri ars ated av e per a county 1911-D of 1909 e to es value 1911-P a 3 > 03 vera per asse sold atio valu duri cent vera acre duri Doll atim valu tire 1st, atio valu true 1st, !zi < jew Hampshire, New Jersey, New York, North Carolina, North Dakota,. Ohio, Pennsylvania, Rhode Island, Vermont and Wisconsin. TAX COMMISSION REPORT 51 power to appoint township list-takers, can influence and direct the work of local assessments in much the same manner that the county assessor is able to do in a state like Kansas. The plan of county assessment, howiever, has been carried to its logical conclusion in only a few states where it has been estab- lished. In order to be placed in a really efficient basis, it is neces- sary to establish state supervision also, which is rapidly being extended in the form of a state tax commissioner or state tax com- mission. Experience has proved that either the township or the county system of assessment requires a substantial measure of state supervision and control in order to bring about uni- formity of assessment and, therefore, equality in taxation. One of the first county assessor states to establish the office of state tax commissioner was West Virginia, where the revenue system has been completely revolutionized and placed on as scientific a basis as that of any state. In fact, it may be stated that with the possible exception of Kansas, property is now being listed in West Virginia at more nearly its actual value and on a more uni- form basis than in any other state which is the natural result of carrying the county assessor and tax commission system to its logical conclusion. Other county assessor states are following the example of West Virginia. Among this list should be mentioned Alabama, Kansas and Texas, where the work of assessment has been greatly im- proved. The same is true of California, Oregon and Washington where the county system of assessment has always prevailed but did not give satisfactory results until supplemented by rigid state supervision exercised through permanent tax commissions. The last county assessor states to establish commissioners were Colorado, Arkansas and Arizona, but the new system has not been in operation long enough to warrant any general conclusions. It is safe to assume, however, that the same satisfactory results will be secured as in West Virginia and Kansas. The method of election, term of office, salary and powers of the county assessors are not absolutely the same in any two states. For the most part, county assessors are elected by the people the same as other county officers for a term of two or four years.^ More than one-fourth the states elect county assessors for a term of four 2. The following states elect county assessors for a term of four years: Alabama, Arkansas, California, Indiana, Kansas. Kentucky, Lous- iana, Mississippi, Missouri, Nebraska, Oregon, Tennessee and West Virginia. 52 TAX COMMISSION EEPORT years in the same maimer as is recommended by the Commission in the proposed revenue bill. In Arizona, county assessors are appointed by the county boards of supervisors, and in "Virginia a unique system prevails where the appointment is made by the circuit courts for a term of five years. The system of election, however, is practically universal for the same reasons which pro- vide for the election of other county officials in the various states. The fact should be emphasized, however, that while the county assessor system has obvious advantages over the more decentralized township plan, it cannot be expected to insure satisfactory re- sults without being supplemented by some efficient method of state supervision and control. While the so-called tax commission movement has made greater progress in states having the township system of local government, for reasons already stated, the ex- perience of the last few years has proved conclusively the same necessity of state supervision where the county plan of local as- sessment prevails. The fact that eleven states of this class have created permanent tax commissions or the office of state tax com- missioner within the last decade, and the additional fact that in B[ansas and "West Virginia the listing or assessment of property is now on the most efficient basis of any of the states, emphasizes the necessity of state as well as county supervision of this important work.* In concluding our brief discussion of the county assessor system, we can do no better than quote the following statement of the Minnesota Tax Commission with reference to this important sub- ject : "A number of vital points in the plan may well be considered here. While some of the states provided for the appointment of the county as- sessor by the county commissioners, others have enacted laws which make the assessorship an elective office. Perhaps, all things considered, the latter method is the wisest. While it may be said that an assessor. If elected by popular vote, would truckle to public opinion, nevertheless, a long term of office, a fair salary and support in his office by a permanent tax commission, would go a long way toward remedying a defect of this kind. The term of office might well be placed at four years and the salary fixed by population and area of county. One further feature remains to be considered. Equality of assessment, as well as uniformity of assessment, must be considered from both the county and state point of view. The 3. The following county assessor states have established tax commis- sions or a state tax commissioner since 1902: Alabama, Arizona, Arkansas, California, Colorado, Kansas, Oregon, Texas, Washington, West Virginia and Wyoming. TAX COMMISSION REPORT 53 necessity of a state-wide body to supervise assessments and to secure uniformity of action may be accepted without furtlier argument. The need of control over county assessors in their work appears to be essen- tial to the success of the plan. Such failures of the county assessor system as have been recorded are due to the absence of a superior power to remove the assessor who failed to do his duty. That it would be successful under the direction of a state tax commission is clearly proved In the supervisor system in vogue in Wisconsin, which, while in advance over the system existent in Minnesota, has all the defects due to too many officers doing a piece of work in too short a time; but it possesses advantages in the uni- formity of assessment gained by the supervision of the assessors by the county supervisors of assessments. The state systems indicated in the schedule above do not provide for state meetings, with two or three exceptions, or for the specific removal of the county assessor, except in the instances of Arizona, Colorado, Georgia, Idaho, Illinois, Missouri, Nebraska, New Mexico and Virgiaia. In these states no uniformity of removal power exists, some of the states placing the power in the hands of the governor, others with the courts, others with the boards of equalization. None of the states have carried the county assessor plan to its logical conclusion. If such a system were created, the assessor would be elected for four years, paid a fair salary, required to meet with the tax commission, subject to their supervision in his work, and removable by the same body if he failed to perform his duties as pre- scribed by law. To continue the discussion, a county assessor system possesses, to put It briefly, the advantages that go with a permanent officer, who in time be- comes an expert, capable of making with his deputies an equitable, just and uniform assessment. Meeting in annual conference with the tax commis- sion, the county assessor will come to a clear and uniform understanding of the laws and work of listing property. Supervision and direction by the tax commission will put him under the necessity of performing his duties according to law, and his election by the people will give them the opportunity of placing their approval or disapproval upon his work. Such a system would mean a great reform in the assessing now in vogue in Minnesota." (4) "With reference to the very' important question of the review or equalization of assessments, it should be stated that the different commonwealths of the Union present a great variety of systems. In no two states is the plan exactly the same. The subject can best be considered from the standpoint of the power and authority along this line vested in the different units of government, town- ship, county and state. By the township we mean to include also the town and city. 4. First Biennial Report of the Minnesota Tax Commission, 1908. pp 26, 27. 54 ' TAX COMMISSION REPORT Beginning at the top, we find that some form of state review or equalization prevails in all but ten states. The states which do not have boards of this character -are located for the most part in the south, where the county is the, important unit of local gov- ernment and state supervision and control has not been developed to as great an extent as in some other sections of the country. Pri- or to 1900, the great majority of state boards of equalization were ex-offieio in character, consisting, as a rule, of some of the lead- ing state officers. In other words, the plan of state review which now prevails in Iowa was very general throughout the United States until the last few years and even at the present day a large group of states have systems of substantially the same char- acter. Two important tendencies, however, have been very apparent during the last decade: first, the enlargement of the powers of state boards of review; and second, the creation of state tax com- missions or a state tax commissioner, which have taken the place of the old ex-officio boards of equalization. At the present time, as already suggested, more than half the states have a permanent tax commission, a tax commissioner or a state board of assessors, as in Maine, with powers of similar character. These commissions have either taken the place of the former state boards of review or have become members of such boards and supply the data on which the equalization is based. In other words, the so-called tax commission movement has resulted in the rapid elimination of ex-offieio boards of state review, the substitution in lieu thereof of permanent officials giving all their time to the important work of assessment and equalization. This means that the recommendation in favor of a permanent state tax commission in Iowa to take the place of the Executive Council, both as an assessing board for the property of certain public service corporations and as a state board of review, rests upon the successful experience of a great many states and is in harmony with the tax reform movement which has become very general in every section of the country. The increasing number of tax commissions to take the place of ex-officio boards of review has also been accompanied by a marked increase in the powers and authority conferred upon such hoards or commissions. In other words, state supervision and control of local assessment has become more efficient for two important rea- TAX COMMISSION REPORT 55 sons: first, it has ceased to be a mere nominal ex-officio function, teing placed in the hands of officials who are required to give all their time to the work; and second, the authority vested in such boards has been greatly enlarged. For example, commissions like these in Wisconsin, Minnesota and Kansas not only have general supervision over the entire revenue system of their respective states, but are clothed with power to compel the re-assessment of an entire taxing district or ia cases where necessary they may send their own agents to do the work of re-assessment. In fact, the tendency of the last few years has been to provide ways and means for the more efficient administration of law in matters of assessment and taxation, and in order to bring about this result, it has been found that it is essential to clothe the state, through some permanent board or commission, with a very substantial measure of supervision and control over local officials. We have already noted the fact that the work of review or equal- ization of assessments may be a township, county or state function. Indeed, the county is a very important unit of local government for fiscal purposes in every section of the country. It appears that all but nine states have some form of county review or equali- zation. Outside of New England every state has some plan of county review or equalization except Delaware, Georgia and Vir- ginia. Of the long list of thirty-nine states which have county review of assessment, this power is vested in the county boards of super- visors in nine states, boards of county commissioners in twenty states, and the county court in Texas and West Virginia." The county boards of equalization in the remaining states present a great variety of organization. For example, in Arkansas, the county board consists of "three intelligent citizens, real estate owners, and qualified electors" appointed by the Governor for two years. In Louisiana, the police juries of the different parishes act as a county board of review. In New Jersey, the county board of review is appointed by the judge of common pleas for a term of two years. In Missouri, the county clerk, counfy. 6. The county board of supervisors acts as a county board of equal- ization in the following states: Arizona California, Kentucky, Nebraska, Michigan, Mississippi, Iowa, New York and "Wisconsin. The same work is placed in the hands of boards of county commissioners in the following states: Alabama, Colorado, Florida, Idano, Illinois, Kansas, Maryland, Minnesota. Montana, Nevada, New Mexico. North Carolinafl Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, Washington and Wyoming. S6 TAX COMMISSION REPORT surveyor, county assessor and judges of the county court make up the county toard of equalization. Finally, Tennessee presents a unique plan where the county board of review is composed of five freeholders elected by the quarterly court of each county or in some cases appointed by the city council. Perhaps the most significant thing, however, about the various county boards of review is the fact that they are almost univers- ally clothed with the power to equalize assessments as between in- dividual taxpayers, a power which existed in Iowa until 1870, when the local board of review as now constituted was created. Approximately two-thirds of the states clothe the county board of review with the important power of equalizing individual assessments, a power which ought to exist in this state and which the Commission recommends and incorporated in the proposed revenue bill, jloreover, it appears that the work of county re- view or equalization is placed in the hands of boards of county commissioners or county boards of supervisors in nearly thirty states. The recommendation, therefore, that the county board of supervisors should continue to perform the work of review or equalization of assessment, and that its power along this line should be enlarged so as to include the right to equalize in- dividual assessments on appeal is in harmony with the experience of a substantial majority of the states. In the third place, the subject of township review should be briefly considered. In a number of states where the township system of local government prevails, especially in New England, there is no local board of reviews, as that term is understood in Iowa. In lieu thereof local boards of relief have been organized. In states like Connecticut and New Hampshire, these local boards merely have the authority to grant abatements of taxes and do not increase or decrease the assessment of property as in this state. There are only six other states which have a system of local review which corresponds to the Iowa plan. In Kansas, town- ship review or equalization is made by a local board composed of the township trustee and two persons appointed by the county assessor. In Michigan, the township supervisors and two land- holders elected by the people for two years act as a local board of review between individuals. In Minnesota, the town board; the assessor, clerk and president of each village; and the assessor, TAX COMMISSION REPORT BT clerk and mayor of each city, act as a local board of review to correct individual assessments. Practically the same stystem pre- vails in North Dakota and South Dakota. Finally, in Wisconsin, the supervisors, clerk and assessor of each township; the mayor, clerk and assessors of cities ; and the president, clerk and assess- or of villages, act as a local board of review with powers quite similar to those prevailing in Iowa. It thus appears that forty-one states are able to get along with- out what is known as local or township review. This system of local review was more general throughout the country at an earlier date, but proved to be impracticable and has gradually been aban- doned. For example. New Jersey abolished its local board of re- view in 1906, Illinois in 1908, and Oklahoma and Nebraska in. 1911. Indeed, the township is too small a unit of local govern- ment for purposes of review or equalization if we are to obtain uniformity of assessment and, therefore, equality of taxation. In other words, there should be some definite and permanent county official whose business it is to see that assessments are uniform throughout the county. This cannot be done when a county is divided into from fifteen to thirty or more taxing districts with the work of assessment and review both in the hands of township officials and, therefore, each local taxing district a law unto itself. While the Commission recognizes that local boards of review,, as well as the present local system of assessment, have proved a failure, largely on account of the absence of efficient county and state supervision, the fact is also appreciated that some method of correcting errors in assessment should be provided which will make it possible for the average taxpayer to obtain relief without going to the county seat. This has been accomplished by clothing the coUnty assessor with the authority to correct individual assess- ments ; in other words, to do the work which is now in the hands of a great many local review boards. Furthermore, the proposed revenue bill authorizes him to hold meetings in different places of the county for the convenience of taxpayers, requiring that sufficient and proper notice be given of all such meetings. In conclusion, it may be stated that the recommendation in favor of a permanent state tax commission to take the place of the present Executive Council in the work of assessment and equalization, and the creation of the office of county assessor with 58 TAX COMMISSION REPORT power to list omitted property, collect data regarding assessed and sale value and correct individual assessments, as already ex- plained, is in harmony with the tax reform movement which now pervades almost every section of the country. It has heen ob- served that more than half the states now have permanent state boards in one form or another, while in 1900 only five states had boards or commissions of this character. However, approximate- ly two-thirds of the states clothe their county boards of equali- zation with the important power of reviewing individual assess- ments, a power which is granted to the county board of super- visors in the proposed revenue bill. Finally, the method or plan of township equalization has been gradually abandoned until only six other states have systems which correspond to that prevailing in this state. It seems logical and desirable to confer this author- ity upon a county assessor, giving all his time to the work and permitting him to hold meetings in various places of the county for the convenience of the taxpayers. CHAPTER IV. THE COUNTY ASSESSOR AND TAX COMMISSION SYSTEM. The necessity of providing some efficient plan of state and eovmty supervision of local assessment including the assessment of public service corporation, is based upon the following impor- tant considerations: LOW ASSESSMENT. By making a careful comparative study of actual valuations as given in the report of the Federal Census and assessed valuations to be found in the report of the Auditor of State, the Commission has discovered that in 1850 property was being listed for taxation at approximately its entire sale value. At the present time, it is being listed at about one-half of its sale value and assessed at one-fourth of that amount. In this connection, it should be stated that political economists and fax administrators almost universally agree that while it is theoretically possible, it is practically im.possibly to secure uni- formity of assessment, and, therefore, equality of taxation, except on the basis of actual value. The moment a fractional basis is introduced, tax rates will be increased in the same proportion and a different valuation will be given to each individual or class of property being listed for taxation. Indeed, the idea that all property subject to ad valorem taxation should be listed at its actual value is recognized by law in every state except Alabama, and may also be found in every revenue law that has been adopted by the General Assembly of Iowa. The fact that in forty-seven states, property is required by law to be listed at its actual value, shows that assessment at actual value is generally considered fundamentally sound and the only practicable means of securing 60 TAX COMMISSION REPORT equality ©f taxation, and the additional fact that in. this state the machinery of assessment and equalization has been absolutely un- able to realize this ideal, but has departed farther and farther from it, furnishes one of the strongest arguments in support of the proposal to create the office of county assessor and, at the same time, establish a permanent state tax commission. INEQUALITIES OF ASSESSMENT. Low assessment or under-valuation of property, however, is not the most important defect in the workng of the present revenue system in this state. As already stated, it is theoretically pos- sible to secure equality of taxation on the basis of fractional as- sessment. For example, if all property were listed at one-tenth of its value, the only effect would be to multiply tax rates in the same proportion, granting that the same amount of money wa^ raised for the support of schools, the building of roads and bridges and other legitimate functions of government. Uniformity, however, has been the exception and inequality the rule, wherever under assessment has prevailed. In this state, a study of assessed and actual values on the basis of the sale method shows that inequalities exist, even in the listing of farm lands. An investigation of more than sixty counties shows that some farms are now being listed for taxation at double, and even three times, the amoimt of other farms in the same county, al- though having in fact substantially the same value. In other words, some of the farmers of Iowa are bearing from two to three times their just burden of state and local taxation ia comparison with their immediate neighbors. When we come to town lots, and large corporate property, if it is especially of an intangible character, the inequalities are vastly greater, a fact which has been almost uni- versally proved by other tax commissions throughout the United States. The present Special Tax Commission has not been clothed with the necessary powers, nor has it had sufficient time, to make a complete valuation of the different forms of corporate property. We refer not only to the property of railroads, telephone and telegraph companies, or the so-called public service corporations, but also to industrial corporations and large property holdings in general, whether individual or corporate. TAX COMMISSION REPORT 61 In this connection, it should he stated that until a complete in- ventory of the property of public service corporations has been made, and until a more comprehensive investigation of tke actual value of rural and city property has likewise been carried on, by county assessors under the supervision of a tax commission or some like authority, any statement as to whether this class of property or that class of property is bearing more or less of its share of the public burden will be mere guess-work. At the present time, no reliable data exists which makes it possible to make any reasonably accurate comparison of the relative burden of taxation now being borne by. farm lands, town lots and the property of such corporations. In 1911, the Executive Ck)uncil increased the aggregate assess- ment of farm lands all the way from 7% to 22% per cent in the various counties of the state. In fact, the assessed value of farm lands was increased on an average of about 12% per cent. This was done on the theory that farm lands were being assessed relatively lower than other property. In this connection, the Commission desires to make only one ■additional suggestion. "We refer to the broad assumption in many quarters that farm lands are being assessed relatively lower than some other classes of property. In fact, an effort has been made, largely for political ends, to draw a line of cleavage between the city and the country. Statistics have been collected for the pur- pose of showing that town lots are being listed higher than rural property. It should be stated that the only trouble with prac- tically every investigation of this kind is the incompleteness of the same. Every one knows that it is possible to go to the court house records of Polk County or any other coufity of Iowa and prove that property in the city is being listed at 75 per cent or even 100 per cent of its value. It might also be proved that prop- erty is being listed at less than 50 per cent of its value. It all depends upon the property that is being compared. When all the facts are considered, there should be no point of cleavage between the property owners in the country and in the cities. The sooner the people of Iowa get these matters clear in their minds, the more rapid will be the progress in scientific tax reform legislation. The inequalities in the present revenue sys- tem are not confined to any community within the state or to any kind or class of property. The injustice extends to the small 62 TAX COMMISSION REPORT holder of property as well as to the large holder and is a matter of such common knowledge that many taxpayers, who are other- wise honest, perjure themselves annually in the matter of listing their property for the reason that they know full well that many other property owners are doing likewise. In a word, the present law in its operation tends to debase the public conscience. PRESENT EX OFFICIO ADMINISTRATION. The low valuation on the one hand and inequality of assess- ment on the other, already outlined, are the logical results of our present machinery of assessment and equalization, which is al- most entirely ex officio in its personnel and, therefore, wholly inefficient in its practical workings. Each local taxing district is a law unto itself. The County Board of Review meets only a short time in June, and the State Board of Review only a few days in July. In fact, important duties are performed in a perfunctory manner which ought to require intelligent and conscientious labor throughout the entire year. Until the office of county assessor is created there will be no one whose business it is to see that assessments are uniform throughout the county as between individuals, on the one hand, and local sub-divisions of government on the other. In like man- ner, until a permanent tax commission is created, there will be no state board giving sufficient time to the important task of equalizing values between counties, and at the same time listing the property of public service corporations. Reduced to its lowest terms, the chief defect of the present system is faulty administration, which in turn is due, as already suggested, to the planless and ex officio character of our present system of q,ssess- menf and equalization. There should be a central supervising officer in each county and a central state board giving their full time to this absolutely necessary function of government. PUBLIC SERVICE CORPORATIONS. As already stated, one of the important duties of a permanent tax commission is to make a thorough and complete valuation of the property of public service corporations. Until this is done, we will have no way of determining whether farm property or, in fact, any other class of property, is bearing more or less than TAX COMMISSION REPORT 63 its just share of the public burden. Practically all statements made along this line in the past are not based on any author- itative information. Under existing conditions, the Executive Council simply does not have the necessary time to make a care- ful and systematic valuation of this class of property, such as would be made by a permanent state tax board giving a very sub- stantial part of its time to this one problem. The property of railroads, telephone, telegraph and express companies is so vast in extent and so complex in its character that any hasty valuation made by an ex officio board on the basis of reports submitted by the companies must necessarily ' be very im- perfect and unsatisfactory. Property which amounts to hun- dreds of millions of dollars should not be listed for taxation in a mere perfunctory manner, such as must be the cage in any state where ex officio boards are required by law to do this work. This Commission believes that the magnitude of this task alone is sufficient to warrant the employment of a permanent state tax board. Until this is done any comparison of the relative burden of taxation as between farm lands and railroad property will be largely guess work. Under such a system, public service cor- porations may be required to pay more or less than their just share of taxation, depending often times upon political influences. The problem, however, of uniform and equitable taxation should never depend upon politics, but upon the honest and efficient ad- ministration of law. TAXATION OF MONEYS AND CREDITS. In the next place, it should be stated that one of the most im- portant reasons why the office of county assessor and a per- manent tax commission should be established is the necessity of providing adequate machinery for the administration of the mil- lage tax on moneys and credits. On the basis of the listing of moneys and credits for the present year, it has been estimated that the state alone will lose nearly $75,000.00, which means that the local units of government will lose about $1,000,000.00 for the same reason. One method of procedure would be to repeal the present law and go back to the former tax ferret system, which practically every authority on taxation, as well as the people, have condemned. The other, and, in the judgment of the Commission, 64 TAX COMMISSION REPORT the most satisfactory plan, is to provide machinery of assessment capable of listing moneys and credits as required by law. The fact that this can be done has been demonstrated by ex- perience in Maryland, Rhode Island and Minnesota. While the listing of moneys and credits under the new flat mill rate here in Iowa is substantially the same as under the old system, the amount listed in Minnesota, Ehode Island and Maryland, where tax commissions exist, has increased by leaps and bounds. Present local assessors are not in a position to compel anything approach- ing a complete listing of moneys and credits, and never will be until county supervision is provided. The taxpayer should bear in mind that the million dollars or more which will be lost by the small listing of moneys and credits under the flat mill law, must he made up by an additional levy on other property. If a county assessor system had been in oper- ation, the experience of other states shows that enough moneys and credits would have been listed to counter-balance the reduced rates. In other words, there ought not to have been any loss of revenue. The Commission believes that a county assessor and permanent tax commission system would secure more revenue under the flat mill rate than was obtained under the old law. Contrast for a moment the experience of Iowa with that of Minesota, Maryland and .Rhode Island. It appears that the listing of corporation stocks in Iowa wasas follows: $35,019,729 in 1910; $56,974,484 in 1911 and $67,589,369 in 1912. In like manner, the listing of moneys and credits was $194,198,620 in 1910 ; $170,- 131,195 in 1911 ; and $'188,733,772 in 1912, making a total listing of both corporation stocks and moneys and credits of $229,218,349 in 1910; $227,105,679 in 1911; and $256,363,141 in 1912. The total increase, therefore, of this class of property was only $29,- 257,462, which is very small, indeed, in comparison with the enor- mous increase of this same class of property in Minnesota, Rhode Island and Maryland, where a flat rate system similar to that in Iowa is being administered under the supervision of permanent state tax commission. Mr. J. C. Armson in his address, delivered before the recent National Tax Conference at Des Moines, outlined the experience of Minnesota with the three mill tax on moneys and credits which is being administered in that state under the supervision of its tax commission. When comparing our experience along this line TAX COMMISSION REPORT 65 with that of Minnesota, the difference in the scope of the two laws should be carefully considered. In Minnesota the flat rate law does not include notes and bonds secured by real estate mort- gages upon which the mortgage rigistry tax has been paid. This means that the total listing of moneys and credits in Minnesota should be relatively much less than in Iowa. A comparison should l^e made in each state of the listing under the old and new law. In striking contrast with the failure to list moneys and credits in Iowa, the following statements of Mr. Armson are significant : "In 1910 the assessed value of money and credits in the classes now included in the three mill tax law amounted to $13,919,806. In 1911, the first year under the new law, the amount returned taxation was $115,676,126, an increase of 731 per cent over the preceding year. With 3 of the 86 counties of the state estimated, the assessment of money and credits this year is $135,034,476, being an increase of 16.7 per cent over 1911, and 870 per cent over 1910. Based on the population of 1910, the per capita assessment of this class of property was $6.70 in 1910, $55.73 in 1911, and $65.06 in 1912. Compared with bank deposits, the assessment of 1910 represented only 4.2 per cent of such deposits, while in 1911, it equaled 33.8 per cent, and in 1912, 42.3 per cent of bank de- posits. That the assessment is much more widely and hence much more equitably distributed among the people is shown by the large in- crease in the number of people assessed under the new law. While no exact data is available for 1910, it is estimated that the ♦ number of people assessed for this class of property in that year did not exceed 6200. In 1911, the number assessed was 41,439, and in 1912, the present year, 49,949 assessments of such prop- erty have been reported. For convenience in comparing the different items for the three years, we give the following: 66 TAX COMMISSION REPORT RECAPITULATION. 1910 1911 1912 Number assessed 6,200 41,439 49,949 Total assessment 13,919,806 115,676,126 135,034,476 Per capita assessment |6.70 $55.73 $65.06 Per cent of bank deposits 4.2 33.8 42.3 Per cent increase over 1910 .... 731 870 Per cent increase over 1911 16.7 A brief comparative statement of the assessment of money and credits under the old and new system in the leading cities of the state may be of interest. The assessed value of such property in the tvi^enty-four cities of the state having a population in 1910 of 5,000 and over was $9,892,526 in 1910, the last year under the old law, while in 1911, the first year under the new law, it was $74,859,801, an increase of 657 per cent. The assessment in 1912 in the same cities amounts to $90,303,134, being an increase of 20.6 per cent over 1911, and 812.8 per cent over 1910. The average per capita assessment of this class of property in these cities was $12.85 in 1910 ; $97.23 in 1911, and $117.29 in 1912. Notwithstanding the low rate of taxation, the amount of revenue derived from the three mill tax on moneys and credits in 1911 was nearly as large as that of 1910 when the rate averaged over 28 mills. The total tax on this class of property in 1910 was $379,754.58; in 1911 it was $347,028.38, a decrease of $32,726.18 or 8.2 per cent compared with the preceding year. Excluding Minneapolis and St. Paul from the statement, the balance of the state made a net gain in revenue from this course of $71,505.85 in 1911 over 1910. Of the 86 counties of the state, 68 showed a gain* and 18 a loss in revenue compared with 1910. In the 64 cities and villages of the state having a population in 1910 of 2,000 and over, 53 gained and 11 lost in revenue." The state of Minnesota, therefore, where the rate on money and credits is only three mills, has been able, through the excel- lent work of its tax commission, to increase the listing of this class of property to a point where the revenue obtaioied is sub- stantially the same as under the old law imposing the full local general property tax rate. The Chairman of the Tax Commission of Rhode Island also stated at the National Tax Conference that the increased listing TAX COMMISSION REPORT 67 of moneys and credits under the flat mill tay in Rhode Island was more than sufficient to counteract the reduced rate. The revenue obtained from this class of property in Rhode Island will be increased as a result of the efficient administration of the recent flat mill law. Maryland has had the same experience with a flat rate or millage tax. In fact, the listing has been increased to such an extent that the revenue now obtained from this class of property in the city of Baltimore is vastly greater than it ever was under the old general property tax rate. This is the reason why. the Commission feels that the loss this year of more than a million dollars in Iowa in absolutely unnecessary and can be pre- vented in the future by providing efficient machinery of assessment. In conclusion, it should be stated that the experience of other states, especially during the last few years, constitutes one of the strongest arguments in favor of creating a tax commission. In 1900 such commissions existed in only five states, while at the present time more than half of the states have established a per- manent tax commission or the office of permanent state tax com- missioner. This list includes all of the states east of the Mississippi and north of the Ohio and Potomac rivers except Pennsylvania and Illinois. In the south, Alabama, North Carolina, Arkansas, Arizona and Texas have also established central state boards. In addition to this list of states should be mentioned Washington, Oregon, California, Minnesota, North Dakota, Colorado, Wyoming and Kansas. This shows that public sentim'ent throughout the Union is coming more and more to favor some efficient system of tax administration. Every state which has made a careful investigation of the tax question has reached the conclusion that more efficient administra- tion is the first essential of fiscal reform. In this connection, the following statement of the tax commissioner of West Virginia is significant. "The Tax Department was created by an act of the special session of the Legislature passed August 11, 1904. The official head of the department is the 'State Tax Commissioner' whose term of office is six years, and who is ineligible to succeed himself. The Department began its official existence December 1, 1904, and with the close of November, 1910, will have . completed one full term of six years. The creation of the department called forth a storm of criticism. It began its existence amid a stormy sea 68 TAX COMMISSION REPORT and with public sentiment divided as to the necessity for such a department of the State government. It was bitterly assailed from some sources as a useless, unnecessary department, created for the purpose of furnishing employment for politicians, and for the further purpose of building up a political machine. The de- partment now has behind it a record of six years, and during that time its work stands out prominently 'before the people of the State. Upon that record it is willing to go before the public. There is no longer talk of abolishing the department. On the other hand, there is a feeling that from the beginning of the state there should have been a head to the tax department. Had the tax department been created when the state was formed, many of the ills of taxation of which we have suffeted, and are now suffer- ing, would have been avoided."^ 1. Third Biennial Report of the State Tax Commissioner of West Vlr- R-iniai, 1910, p. 5. CHAPTER V. SPECIAL PROBLEMS IN TAXATION. In the four preceding chapters, the Commission has endeavored to point out: first, that the revenue system of Iowa has failed completely from the standpoint of practical administration; second, that the logical and necessary remedy for this condition is some efficient plan of county and state supervision of local assessment. The necessity and practical value of state and county supervision of the work of assessment and equalization was shown, first, by a brief historical analysis of the revenue system with special reference to the failure of the administrative machinery; second, by a series of statistical tables dealing with the gross in- equalities of assessment which now exist in every part of the Btate; and third, by. a comparative study of assessment and equali- zation, which investigation shows that more than one-half of the states now have some form of state tax commissions and more than three-fourths of the states some form of county assessment. Moreover, it has been discovered that in states like Kansas and West Virginia, where the work of county and state supervision has been given the fairest test, the greatest uniformity of assess- ment has been secured and therefore the most equitable distribu- tion of the public burdens. "While the Special Tax Commission is compelled to recognize the immediate and imperative necessity of some definite plan of state supervision and control of local assessment, it is apparent that numerous other defects exist in the revenue system which should be carefully investigated. In fact, the Commission desires to mention a number of other important tax problems which are worthy of further considei-ation by the General Assembly. 70 TAX COMMISSION REPORT SEPARATION OP REVENQE SOURCES. First of all is the question of a separation of the sources of state and local revenue, which, as commonly understood, means the raising of revenue for general state purposes largely from taxes on public service corporations or public utilities, thus re^ lieving the property of private persons from contributing to such fund, and in turn relieving the public service corporations from contributing to the support of local affairs. The failure of the general property tax, especially during the last quarter of a cen- tury, has resulted in three very distinct tax reform movements: first, the evolution of a more efScient system of county and state supervision of local assessment through the establishment of county machinery of assessment and equalization and permanent state tax boards; second, the separation or segregation of state and local revenue; and third, the introduction of special methods or plans of taxation like the gross earnings tax, net earnings tax, stock and bond tax, franchise tax, stock transfer -tax and a num- ber of others which might be mentioned, the obvious purpose of the same being to create a more equitable plan for taxing the property of large corporations, especially property of an intangible character. Some writers on taxation emphasize the importance of a separation of revenue sources, and others the benefits' which may be derived from special forms of taxation, as already defined. The primary advantages of separating the sources of state and local revenue are: first, the fact that it does away with the ten- dency to under valuation of property as between the different counties, an argument which possesses a great deal of merit; and second, the more equitable distribution of taxes received from state- wide public service corporations. Partial or complete segregation now exists in California, Minnesota, "Wisconsin, Pennsylvania, New York, New Jersey and Connecticut, and in all of said states these and numerous other advantages have been generally recog- nized. In fact, the conformity of a tax system to the natural divisions of government, greater equality of assessments, the elimination of conflicts between counties and between the city and country, lower tax rates, and the greater flexibility of the revenue systems, have all been advanced from time to time as arguments in favor of separate revenue sources.^ 1. Report of the Minnesota Tax Commission 1908, p. 204. TAX COMMISSION REPORT 71 The principle of segregation is now being tested in California where it was made possible by the adoption of a constitutional amendment. The Commission is informed by the State Tax Board of California that the success of the plan is very marked, in fact, that the law "has proved first-class in every respect and is endorsed by the corporations as well as the individual tax- payers." The principal advantage, which it is alleged is being realized, was outlined in an earlier Special Tax Commission Re- port in the following terms: "If there were no state tax to be apportioned among the counties, on the basis of the local assessed valuation, there would be no object or in- ducement to the assessor, or to the citizens of the county, to obtain a low valuation. In fact, there would be more inducements to assess the property as nearly as possible at its full market value in order to avoid inequalities between the citizens among his own constituents and to pro- tect himself against the charge of favoritism. The probability is, that in order to enjoy the advertising effect of a low tax rate the general Inclination would be for the assessor to raise the valuation rather than reduce it."' On the contrary, a number of arguments have been advanced from time to time against the principle of segregation or at least a complete separation of revenue sources. Along this line may be mentioned, first, the contention frequently urged by some authorities that every taxpayer should contribute something for the support of state, as well as local government, otherwise the people at large, through their chosen representatives, might be in- clined to make needless appropriations in case all state taxes were derived from public service corporations and from other special sources and not out of their own pockets; second, the claim that segregation is only a step toward "local option" in taxation which is quite generally recognized to be a dangerous policy; and third, the argument has been advanced that separate revenue sources frequently result in the exclusive state taxation of a large amount of property which has a definite local situs and should, therefore, bear its share of the local tax burdens. Before anything approaching a complete separation of revenue sources in this state is possible, however, it appears that a con- stitutional amendment must be adopted. Article VIII, Section 2, of the Constitution of Iowa, reads as follows: 2. Report of the Commission on Revenue and Taxation in the State of California, 1906, pp. -62-65. 72 TAX COMMISSION REPORT The property of all corporations for pecuniary profit, shall be subject to taxation, the same as that of individuals. The courts have held that this provision requires that the prop- erty of corporations shall not only be subject to the same burden of taxation but that the tax must be levied for all the various purposes, state, county and municipal, for which other property is taxed. While the question of a separation of revenue sources was un- der consideration in connection with the taxation of certain pub- lic service corporations, the Commission presented the following question to Attorney General Cosson : ' ' Would a statute, taxing railroads on their gross earnings in lieu of all other taxes, be in conflict with Article VIII, Section 2 of the Constitution of Iowa?" After reviewing a number of cases,^ the Attorney Gen- eral thus concluded: "Without going into or considering the earlier statutes of our state which have been held to violate this constitutional provision in the cases cited by the court in the two opinions quoted from, it would seem that those opinions are con- cltisive of the question, and that your inquiry should be answered in the affirmative." As already stated, however, the Commission with its present light on the subject is strongly impressed with the apparent ad- vantages of at least a partial separation of revenue sources which may be sufficiently great to warrant the adoption of a constitu- tional amendment and we would, therefore, recommend the fur- ther consideration of this question by the General Assembly or by a permanent Tax Commission, in case one is created. TAXATION OF STATEWIDE PUBLIC SERVICE CORPORA- TIONS. The Commission has considered the desirability of a change in the present system of taxing railroad, telegraph, telephone and express companies and certain other public service corpora- tions. The arguments of the advocates of some from of terminal taxation of railroad property are appreciated and it is admitted that certain inequalities along this line exist which ought to be remedied. In fact, it is recognized that the present railroad tax law, also the law taxing telephone, and telegraph and express 3. Hawkeye Insurance Company vs. French, 109 Iowa, 585; Layman vs. Iowa Telephone Company, 123 Iowa, 591. TAX COMMISSION REPORT 73 companies, are defective in some respects including the method or plan of tax distribution which is open to serious criticism from two important standpoints: first, a minority of the rural taxing districts where railroads are located, receive the bulk of the taxes, while a great many townships which contribute to support these corporations, receive no local tax at all ; and second, the distribution of values on mileage basis works some injustice to the cities. Should the law be changed, both of these defects should be remedied so as to require the distribution of such taxes on a fair and equitable basis. ■ As already suggested, however, a constitutional amendment must be adopted before any radical change in the present plan of taxing this class of corporations is possible. INCOME TAXATION. The Commission believes in the principles of the income tax and has watched with considerable interest the recent experience of Wisconsin with this particular form of taxation. Much may be said in favor of an income tax, especially when adequate and ef- ficient revenue machinery has been provided. The fact remains, however, that income taxes have been almost a complete failure in the different states where the same have been adopted, due in a large measure to faulty administration. Needless to say, an income tax could not be administered here in Iowa, with any- thing approaching real success without a radical change in our revenue machinery. In a word, the state of Iowa is at present not ready for the introduction of an income tax, but after the ma- chinery of assessment has been sufficiently improved, this form of taxation will, no doubt, receive thorough and careful considera- tion. INHERITANCE TAX. . A collateral inheritance tax law has been on our statute books since 1896, the rate being 5 per cent on estates inherited by collateral heirs or strangers to the blood. The 34th General Assem- bly completely redrafted the collateral inheritance tax law on the basis of suggestions made by the State Treasury Department, which has been charged with the duty of collecting this particular tax. This being true, we believe that the present collateral inheritance 74 TAX COMMISSION REPORT tax law should remain substantially as it is in order to give the new measure a chance to prove its efficiency. With reference to a direct inheritance tax, the commission recognizes that there is very little demand at the present time for such a law in this state. The inheritance of property by di- rect heirs, however, is generally regarded as being a legitimate and proper subject for taxation. Indeed, both direct and collateral in- heritance taxes exist in practically all of the older countries and some form of inheritance tax is now employed in every state except Alabama, Florida, Georgia, Indiana, Mississippi, Nevada and South Carolina. Approximately half of the states have in- troduced a, direct inheritance tax. At some future time, this form of taxation may likewise be considered a desirable and neces- sary source of state revenue in Iowa. MISCELLANEOUS. In conclusion, the Commission appreciates the fact that there are still other parts of the revenue code which might to advantage be changed, but it is believed that these changes should be brought about gradually and only after a careful investigation by a permanent State tax board. In fact, many suggestions might be made regarding possible changes in the revenue code, such as better pay for local assessors and a more systematic and equita- ble plan of taxing insurance companies. Taxation, however, at best is not an exact science and important changes should be made only on an evolutionary basis and after a thorough and inpartial study of all the facts, by a body of officials giving sufficient time to this important and necessary function of government. CHAPTER VI. PROPOSED LEGISLATION. The Tax Commission appreciates the fact that the bill recom- mended will be criticised both on account of its length and the material contained therein, and anticipation of such criticism and a fear that it may be too hastily administered, leads us to make as a part of our report an explanation of the bill recom- mended and the reasons leading up to its final preparation. The Commission had not spent a great deal of time consider- ing the laws of this and othej* states, and the efforts that had been made to effect an equitable distribution of the burden of taxation, until it very clearly reached the conclusion that the chief defect in our revenue law was its failure to provide adequate adminis- trative machinery. This is so very apparent that the only wonder is, that the sys- tem has been permitted to stand so long, and the people have borne such gross inequalities with childlike submission. Not only is there very little power or authority bestowed upon any of the officers having to do with taxation, but what little there is, is rather in favor of the lower or inferior officers, and that without any sort of provision whereby one inferior officer may know or be governed by what others of like grade are doing. These considerations led the Commission to determine that it would recommend administrative machinery such as would pro- vide for the state as a whole, a permanent tax commission, hav- ing general supervisory powers throughout the state, and an officer of each county to be known as county assessor, who would have general supervision of the work of taxation in the coun- ties, such officer, however, to be under the general control of the state commission. The Commission first applied itself to the preparation of two comparatively short bills, one providing for the creation of a 76 TAX COMMISSION REPORT state tax commission, and defining its powers and duties, the other creating the office of county assessor and defining the pow- ers and duties pertaining to such office. Such bills, the Com- mission at first believed, could be prepared independent of each other with comparative ease, and within a comparatively small compass. It was later realized, however, that to be of real value, the administrative machinery must be one complete, harmonious system, with power and authority permeating the whjle, from the highest or superior officer down^ through to the lowest officers participating in the work of taxation. In other words, it was found that the various parts were and must be so interdependent, that a bill providing the necessary administrative machinery must necessarily take in and cover the whole field of state, county and local operations. The Commission having reached such conclusion, spent some tinie in considering the construction of a bill that would embrace a complete system of procedure, by a state tax commission and county assessor, which might be applied to our present tax laws with slight changes. It persistently endeavored to formulate such a bill, because its members .all deprecated the idea of re- porting for the consideration of the Legislature a bill of volu- minous proportions and which involved much substantive law. However, after much deliberation and careful . examination of our present tax laws, the Commission reluctantly reached the conclusion that a bill simply providing for administrative ma- chinery could not be practicably applied to the present substan- tive laws, as now arranged in our statute books. This must become apparent to any one who will take our present law and eliminate that portion providing for the manner of procedure and undertake to substitute other means of proce- dure. Especially does the impracticability of such a plan become plain when it is proposed to introduce a method of procedure entirely different from that now provided. To add to the difficulty, the early tax code was not apparently constructed according to any plan or chronological order. Nu- merous amendments, xjhanges, omissions ahd additions have tend- ed still further to aggravate the disorder until it has reached ^almost a chaotic condition. Matters pertaining to the subject are ;to be. found widely scattered andin saiae' instances amendments TAX COMMISSION REPORT 77 have been inserted in such a manner as to break the connection intended to exist between the parts of earlier legislation. All these conditions led the Commission to abandon its early idea of brevity and to undertake the preparation of a bill involv- ing substantially a re-codification of the present revenue laws, introducting thereia the proposed new plan of administration. The Commission, however, has not to any great extent attempted to change the intent or meaning of the present law and its appli- cation to specific property, but has endeavored to so arrange the present sections and to introduce the new plan of supervision therewith in such manner that the whole may have the appear- ance of having been constructed according to some definite logical system. The Commission does not wish to be understood as claiming that the arrangement adopted by it is. the only arrangement that might be made, or that such arrangement is perfect, but after careful consideration and drafting the bill upon other theories, and by other arrangements, it believes the bill reported is drafted according to the most practicable plan. In changing the arrangement of the various sections of the present law, slight alterations were necessarily made to show their connection with each other, but such changes do not alter the meaning. Numerous minor changes were necessary in order that the acts now required to be done by the Executive Council would under the proposed law be done by the state tax com- mission. Also in transferring duties from the County auditor to the county assessor, it will be observed that all such changes per- tain to the officer performing the act, rather than to the act itself. Many of the changes in arrangement were made solely that matters of the same or similar kind might be brought to- gether, or that the provisions of law might be arranged in ac- cordance with the steps taken by the various officers in perform- ing their duties, as a part of the taxing machinery. A few important changes have been made, however, the wis- dom of which may be questioned. Perhaps the most radical change in the present law is the dispensing with the local board of review. The members of the Commission are frank to say that it was with great reluctance that they brought their minds to where they were willing to have a board so near to the peoplfe dispensed with. 78 TAX COMMISSION REPORT However, it became apparent that if the proposed county assess- or was to be of the greatest real service in the taxing scheme as a supervising officer, he must exercise more or less authority over the local assessors of the county, and that he would not be able to obtain uniformity, of valuations in his county, if his authority could be overridden by a score or more of local reviewing boards, each acting independently of the others. In lieu of such local reviewing boards, we believe the bill presents a plan of review by the county assessor with right of appeal to the county board that will amply protect the rights of every taxpayer and at the same time secure uniformity of valuation throughout the county, such as is hardly attainable in any other manner. In regard to the present manner of taxing moneys and credits, considered as an original proposition, the Commission has not been agreed. However, in view of the fact that it is a new law and has many able supporters who believe that it will prove of great benefit to the people of the state generally, and especially to borrowers of money, the Commission are unanimously of the opinion that the plan should be given a fair test, and have, therefore, embodied the present law in respect thereto in the pro- posed bill. With respect to the taxing of shares of stock of organized banks and loan and trust companies, some changes have been recommended which are in accord with the views of a majority of the Commission. Business men all agree that the ban^s are an important factor in the business life of every community. Their prosperity and stability is desirable. The accumulation of a surplus is desirable because it adds to the security of the interests doing business with such banks. With a slight excep- tion as to national banks, no surplus is required by law to be ac- cumulated or maintained. It is purely voluntary. It belongs to the stockholders and may be distributed at any time. Therefore, it is plain that, if moneys and credits are to be taxed on a flat rate basis, in aU fairness the surplus in banks should be taxed in the same way. We have, therefore, so provided in the bill recom- mended. It must be kept in mind also that if the plan recom- mended is adopted and all general property is listed at its full value, and taxed upon such value, to raise the same amount of revenue as now the rates of levy must be very materially re- duced, and when such proper reduction is made, it will be found TAX COMMISSION REPORT 79 in actual operation that the rate on such bank surplus and also on moneys and credits will be more nearly equal to the rate on general property than is now apparent. The reasons for some other changes will suggest themselves after a careful reading of the bill. These changes for the most part either concern the arrangement, the bringing together of matters pertaining to the same subject which are now widely scattered, or the separation of subjects where the same are im- _ properly joined. As an illustration of the latter condition, we call attention to section 1313 which purports to state where mon- eys and credits shall be assessed and ends with an exception of an entirely difEerent class of property. In the new bill the first statement is embodied in section 38, while the latter provision is found in section 104. The Commission realizes that objection may be made to the new arrangement of the sections of the present law on account of in- convenience of reference and difEicuity in preserving the iden- tity of the several sections, but we feel convinced that such a re- arrangement must come sooner or later, and now is as good' a time as can be selected to make such change. The identity of the sections as re-arranged may readily be preserved by a plan of notation such as has been in use in the state for many years. It will be observed that the bill by its provisions takes away from the county auditor certain duties and imposes, the same on the county assessor. The Commission has no reason for making such change, except that it will tend to more efficient work. The county assessor, if he is to be of value as a part of the taxing machinery, must be employed in the work throughout the year. If his business is only to supervise the listing and assessment of property, then his work would not extend over more than four months of the year. On the other hand, there is not a county in the state where the county auditor is not obliged to have one or more deputies or assistants. By relieving the county auditor of the work of making up the tax lists, his office will be relieved to that extent and a corresponding reduction of the help and ex- pense of the office can be made. It will thus be seen that a large portion of the extra expense to the counties in maintaining the office of county assessor will be offset by the saving in main- taining the office of county auditor. The arrangement will tend to a more efficient working out of the taxing laws and eff^ctuaie 80 TAX COMMISSION REPORT just and equitable distribution of the tax burdens which is of the greatest importance. The reader mut always keep in mind that the bill is not the prod- uct of one person ; that, in many instances, the substance and manner of expression is the product of a compromise between the mem- bers of the commission and which was frequently reached, after extended discussion and consideration, and, in some cases, with great reluctance on the part of members of the Commission. If the reader will use the same liberality of thought that was neces- sarily used by the members of the Commission in endeavoring to bring their minds together, many discrepancies will be passed over as not being of sufficient importance to note. For the convenience of the members of the Legislature and others who may read the bill, there has been placed, immediately after the number of each section, the number of the correspond- ing section in the code or supplement to the code, as the case may be, such numbers being in parentheses, thus ( ). Sections in the code are indicated with the figures only, but if in the sup- plement to the code, the figures are preceded by the letter "S." In preparing the bill, however, for introduction, it should be re-drafted with all parenthetical numbers omitted. In consideriug the bill, if the reader has reached the conclu- sion that a more systematic supervision should be had, and that such supervision can be obtained by providing a state tax com- mission and county assessor, then we feel confident that a patient study of the details of the bill and comparison of its provisions with the present law will show that the several parts of the new and the old provisions are in harmony with each other and that the whole presents a workable system. The following cross-reference shows consecutively the number of the sections of our present law as they appear in the Code or Supplement to the Code, 1907, and the corresponding sections of the proposed bill in which is found the identical or similar provisions of law. It also indicates what sections of the present law have no corresponding provision in the new bill and also the sections of the new bill containing provisions having no counterpart in the present law, Sections in the Code are indi- cated by the number only, those in the Supplement to the Code by the number preceded by the letter " S ; " those in the Session laws by the number of the session and chapter : TAX COMMISSION REPORT 81 Present Law Proposed Bill Present Law Proposed Bill Sec. S-1303 139 S-1334-a 63 S-1304 35 S-1334-b 64 S-1304-a 35 1335 68 S-1305 103 1336 76 S-1306-1) 141 S-1337 78 ■ S-1306-C 142 S-1337-a 65 S-1306-d 143 S-1337-b 66 S-1306-e 144 1338 79 S-1306-f 145 1339 80 1307 36 S-1340 67 1308 33 S-1340-a 69 1309 37 S-1340-b 70 1310 38 S-1340-C 71 1311 39 S-1340-d 72 1312 105 S-1340-e 73 ! 1313 104 S-1340-f 74 1314 106 1341 75 1315 41 1342 77 1316 107 S-1342-a 89 1317 108 S-1342-b 90 Sec. 1318 43 S-1342-c ■ 91 1319 44 S-1342-d 92 1320 109 S-1342-e 93 S-1321 45 S-1342-f 94 * 1323 47 S-1342-g 96 1324 4& Sec. 1343 51 1325 49 S-1346-a 81 1326 50 S-1346-b 82 1327 101 S-1346-C 83 S-1328 52 S-1346-d 84 S-1329 53 S-1346-e 85 S-1330 56 S-1346-f 86 .S-1330-a 57 S-1346-g 87 S-1330-b 58 S-1346-h 88 S-1330-C 59 S-1346-i 81 S-1330-d 60 S-1347-a 154 S-1330-e 61 S-1348 155 S-1330-f 52 1349 151 S-1330-g Sub. 11, 35 1350 102 1332 62 1351 42 Sec. S-1333 96 1352 113 S-1333-a 97 1353 111 S-1333-b 98 1354 114 S-1333-C 99 1355 116 S-1333-d 100 1357 118 S-1334 67 1358 117 82 TAX COMMISSION REPORT Present Law Proposed BiU Present Law Proposed BiU 1360 115 S-1400-b 155 1363 166 S-1400-C 157 1364 112 S-1400-d 158 1365 119 S-1400-e 159 1366 120 and 127 S-1400-f 160 1367 171 See. S-1400-g 161 S-1373 131 S-1400-h 162 1375 128 S-1400-i 163 1377 132 S-1400-i 164 S-1378-1379 133 S-1400-k 165 Sec. S-1380-C 134 S-1400-1 166 S-1380-d 135 S-1400-m 167 1381 136 S-1400-n 168 S-1382 137 S-1400-O 169 S-1383 149 S-1400-P 170 S-1384 146 Chap. 63, 34th G. A. 40 1386 150 Chap. 63, 34th G. A. 46 1387 151 Chap. 87, 33rd G. A. 120 1388 152-153 Chap. 87, 33rd G. A. 127 S-1400-a 154 Sections 1-34, 121-126, 129, 130, 138, 147, 148, 172, 173, 174, 175, 176, 177 and 178 in the proposed revenue bill are not con- tained in the Code or Code Supplement. On the other hand, S-1306-a, S-1330-h, S-1330-i, S-1331-a, S-1333-e, S-1334-e, 1345, 1346, 1346-j, 1347, 1356, 1361, 1362, 1368, 1369, 1370, 1371, 1372, S-1373-a, 1376, S-1380-b, S-1382-a, S-1385-a, S-1385-c, in the Code and Code Supplement are omitted from the revenue hill. TAX COMMISSION REPORT 83 A Bill for an Act providing for the raising of revenue for state, county, towns, cities and other sub-divisions by taxation, and providing by whom and in what manner assessments, equalizations and levies shall be made, and repealing sections one thousand three hundred and seven (1307), one thousand three hundred and eight (1308), one thou- sand three hundred and nine (1309), one thousand three hundred and ten (1310), one thousand three hundred and eleven (1311), one thousand three hundred and twelve (1312), one thousand three hun- dred and thirteen (1313), one thousand three hundred and fourteen (1314), one thousand three hundred and fifteen (1315), one thou- sand three hundred and sixteen (1316), one thousand three hun- dred and seventeen (1317), one thouasnd three hundred and eigh- teet (1318), one thousand three hundred and nineteen (1319), one thousand three hundred and twenty (1320), one thousand three hun- dred and twenty-three (1323), one thousand three hundred and twenty- four (1324), one thousand tb^ee hundred and twenty-five (1325), one thousand three hundred and twenty-six (1326), one thousand three hundred and twenty-seven (1327), one thousand three hun- dred and thirty-two (1332), one thousand three hundred and thirty- five (1335), one thousand three hundred and thirty-six (1336), one thousand three hundred and thirty-eight (1338), one thousand three hundred and thirty-nine (1339), one thousand three hundred and forty-one (1341), one thousand three hundred and forty-two (1432), one thousand three hundred and forty-three (1343), one thousand three hundred and forty-four (1344), one thousand three hundred and forty-five (1345), one thousand three hundred and forty-six (1346), one thousand three hundred and forty-seven (1347), one thousand three hundred and forty-nine (1349), one thousand three hundred and fifty (1350), one thousand three hundred and fifty-one (1351), one thousand three hundred and fifty-two (1352), one thou- sand three hundred and fifty-three (1353), one thousand three hun- dred and fifty-four (1354), one thousand three hundred and fifty-five (1355), one thousand three hundred and fifty-six (1356), one thou- sand three hundred and fifty-seven (1357), one thousand three hun- dred and fifty-eight (1358), one thousand three hundred and fifty- nine (1359), one thousand three hundred and sixty-two (1362), one thousand three hundred and sixty-four (1364), one thousand three hundred and sixty-five (1365), one thousand three hundred and sixty-seven (1367), one thousand three hundred and sixty-eight (1368), one thousand three hundred and sixty-nine (1369), one thousand three hundred and seventy (1370), one thousand three hundred and seventy-five (1375), one thousand three hundred and seventy-six (1376), one thousand three hundred and seventy-seven (1377), one thousand three hundred and seventy-nine (1379), one thousand three hundred and eighty-one (1381), one thousand three hundred and eighty-four (1384), one thousand three hundred and eighty-six (1386), one thousand three hundred and eighty-seven (1387), one tljousand three hundred and eighty-eight (1388), of the code as the same are 84 TAX COMMISSION REPORT amended by the acts of the thirty-third and thirty-fourth General As- semblies and sections one thousand three hundred and three (1303)", one thousand three hundred and four (1304), one thousand three hundred and four-a (1304-a), one thousand three hundred and, five (1305), one thousand three hundred and flve-a (1305-a), one thou- sand three hundred and six-b (1306-b), one thousand three hundred and six-c (1306-c), one thousand three hundred and six-d (1306-d), one thousand three hundred and six-e (1306-e), one thousand three hundred and slx-f (1306-f), one thousand three hundred and twenty- one (1321), one thousand three hundred and twenty-eight (1328), one thousand three hundred and twenty-nine (1329), one thousand three hundred and thirty (1330), one thousand three hundred and thirty-a (1330-a), one thousand three hundred and thlrty-b (1330-b), one thousand three hundred and thirty-c (1330-c), one thousand three hundred and thirty-d (1330-d), one thousand three hundred and thirty-e (1330-e), one thousand three hundred and thirty-f (1330-f), one thousand three hundred and thirty-gr (1330-g), one thousand three hundred and thirty-h (1330-h), one thousand three hundred and thirty-i (1330-1), one thousand three hundred and thlrty- one-a (133l-a), one thousand three hundred and thirty-three (1333), one thousand three hundred and thirty-three-a (1333-a), one thousand three hundred and thirty-three-b (1333-b), one thousand three hun- dred and thirty-three-c (1333-c), one thousand three hundred and thirty-three-d (1333-d), one thousand three hundred and thirty-three-e (1333-e), one thousand three hundred and thirty-four (1334), one thousand three hundred and thirty-four-a (1334-a), one thousand three hundred and thirty-four-b (1334-b), one thousand three hun- dred and thirty-four-c (1334-c), one thousand three hundred and thirty- seven (1337), one thousand three hundred and thirty-seven-a (1337-a), one thousand three hundred and thirty-seven-b (1337-b), one thousand three hundred and forty (1340), one thousand three hundred and forty-a (1340-a), one thousand three hundred and forty-b (1340-b), one thousand three hundred and forty-c (1340-c), one thousand three hundred and forty-d (1340-d), one thousand three hundred and forty-e (1340-e), one thousand three hundred and forty-f (1340-f), one thou- sand three hundred and forty-two-a (1342-a), one thousand three hundred and forty-two-b (1342)-b), one thousand three hundred and forty-two-c (1342-c), one thousand three hundred and fortw-two-d (1342-d), one thousand three hundred and forty-two-e (1342-e), one thousand three hundred and forty-two-f (1342-f), one thousand three hundred and forty-two-g (1342-g), one thousand three hundred and forty-six-a (1346-a), one thousand three hundred and forty-six-b (1346-b), one thousand three hundred and forty-six-c (1346-c), one thousand three hundred and forty-slx-d (1346-d), one thousand three hundred and forty-six-e (1346-e), one thousand three hundred and forty-six-f (1346-f), one thousand three hundred and forty-six-g (1346-g),' one thousand three hundred and forty-six-h (1346-h), one thousand three hundred and forty-six-i (1346-i), one thousand three TAX COMMISSION REPORT 86 ■ hundred and forty-six-j (1346-j), one thousand three hundred and forty-seven-a (1347-a), one thousand three hundred and forty-eight (1348), one thousand three hundred and sixty (1360), one thousand three hundred and sixty-one (1361), one thousand three hundred and seventy-one (1371), one thousand three hundred and seventy-two ' (1372), one thousand three hundred and seventy-three (1373), one thousand three hundred and seventy-three-a (1373-a), one thousand three hundred and seventy-eight (1378), one thousand three hundred and eighty-a (1380-a), one thousand three hundred and eighty-b (1380-h), one thousand three hundred and eighty-c (1380-c), one thousand three hundred and eighty-d (1380-d), one thousand three hundred and eighty-two (1382), one thousand three hundred and eighty-two-a (1382-a), one thousand three hundred and eighty-three (1383), one thousand three hundred and eighty-five-a (1385-a), one thousand three hundred and eighty-five-b (1385-b), one thousand three hundred and eighty-flve-c (1385-c), one thousand four hundred-a (1400-a), one thousand four hundred-b (1400-b), one thousand four hundred-c (1400-c), one thousand four hundred-d (1400-d), one thou- sand four hundred-e (1400-e), one thousand four hundred-f (1400-f), one thousand four hundred-g (1400-g), one thousand four hundred-h (l400-h), one thousand four hundred-i (1400-i), one thousand four hundred-j (1400-j), one thousand four hundred-k (1400-li), one thou- sand four hundred-1 (1400-1), one thousand four hundred-m (1400-m), one thousand four hundred-n (1400-n), one thousand four hundred-o (1400-O), one thousand four hundred-p (1400-p), of the supplement to the Code 1907 as the same are amended by the acts of the Thirty- third and Thirty-fourth General Assemblies, and repealing chapter eighty-seven (87) of the acts of the Thirty-third General Assembly and chapter sixty-three (63) of the acts of the Thirty-fourth General Assembly, and amending all other acst and parts of acts inconsistent with the provisions of this act so as to conform with the provisions of this act. Be it Enacted iy the General AssemhXy of the State of Iowa: Section 1. There is hereby created a commission to be designated and known as the Iowa tax commission to consi«t of three electors of the state to be kaiown as tax commissioners, who shall be appointed by the gover- nor by and with the advice and consent of the senate. Sec. 2; The three persons first to compose said commission shall -be appointed within ten days after this act becomes a law, and before the adjournment of the present legislature. Of such three persons, one shall be app9inted and designated to serve for a term ending on the first day of September, 1915, one for a term ending on the first day of September, 1917, and one for a term ending on the first day of September, 1919, each of said terms to begin on the first day of September, 1913. TTpon thfe expiration of the respective terms of the three commissioners first to be appointed as aforesaid, each succeeding commissioner shall be appointed and shall hold his office for the term of six years. 86 TAX COMMISSION REPORT Sec. 3. After the appointment of said first three commissioners, and except when appointed to fill a vacancy, each commissioner shall be appointed on or before the last Monday in February, during the biennial session of the legislature next preceding the commencement of the term for which he shall be appointed. In case of a vacancy it shall be filled by appointment by the governor for the unexpired portion of the term in which such vacancy shall occur, subject to confirmation by the senate. If such appointment be made when the legislature is not in regular session, the appointee shall hold his office until the first Monday in February, in the next biennial session of the legislature, when, if such appointment is not confirmed by the senate, the office shall become vacant, and on or before the last Monday in the same month the governor, by and with the advice and consent of the senate, shall appoint a suitable person to fill such vacancy for the remainder of such term. A person appointed to fill a vacancy shall take his office immediately upon qualifying. Sec. 4. The persons to be appointed as members of such commission shall be such as are known to possess knowledge of the subject of taxa- tion and skill in matters pertaining thereto. Said commission shall not be composed wholly of persons who are members of or affiliated with the same political party or organization. No person appointed as such com- missioner shall, while holding such office, hold any other office under the laws of this state, nor any office under the government of the United States or of any other state. Each such commissioner shall devote his entire time to the duties of his office, and shall not hold any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties, or serve on or under a committee of any political party or organization. Sec. 5. Each commissioner, before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the secretary of state, the oath of office prescribed by section eleven hundred and eighty (1180) of the code, and shall give bond in the amount of ten thousand dollars ($10,000.00) for the faithful performance of his duties. Sec. 6. Said commissioners shall each receive as compensation for services the sum of thirty-six hundred dollars ($3,600.00) per annum, to • be paid in the same manner as other state officers are paid.. Sec. 7. The commissioner whose term of office expires September 1, 1915, shall be chairman of said commissoin during his term of office, and thereafter the member who has remaining the shortest term of service shall be chairman during the rernainder of his term. Sec. 8. The commission first appointed under this act, after having duly qualified, shall meet at the capitol in Des Moines on the first secular day in September, 1913. A majority of said commission shall constitute a quorum for the transaction of the business and. the performance of the duties of said commission. The said commission shall be in continuous session and open for the transaction of business every day except Sunday and legal holidays, and the session of said commission shall stand and TAX COMMISSION REPORT 87 be deemed to be adjourned from day to day without formal entry thereof on its record. Provided, however, the commission may hold sessions in conducting investigations at any other place within the state than the Capitol when deemed necessary to facilitate and render more thorough the performance of its duties. Sec. 9. The commission may appoint a secretary at a salary not to exceed twenty-four hundred dollars ($2,400.00) per annum, and may employ such other experts, assistants and clerks as may be necessary and fix their compensations, which shall be paid as other state em- ployes are paid. The aggregate amount of compensation, however, for such experts and additional assistants shall not exceed five thousand dollars ($5,000.00) per annum without the approval of the executive council. The secretary shall keep full and correct minutes of all hearings, tran- sactions and proceedings of said commission, and shall perform such other duties as may be required by the commission. The commission shall have power to establish all needful rules, not inconsistent with law, for the orderly and methodical performance of its duties, and rectuire the observance of such rules by those having business with or appearing before said commission. The commission shall have an official seal, and orders or other papers executed by it may, under its direction, be attested, with its seal affixed, by the secretary. Sec. .10. The commission shall keep its office at the capitol and shall be provided, in the same manner as other state officers, with suitable rooms, necessary office furniture, supplies, stationery, postage, books, periodicals and maps, and all other articles necessary for the use of the commission, its secretary and other employes in the performance of their duties, and all necessary expenses shall be audited and paid as other state expenses are audited and paid. The commissioners, secretary, clerks, experts and assistants shall be entitled to receive from the state their actual necessary expenses while traveling on the business of the commission; such expenditures to be sworn to by the party who incurred the expense, and approved by the chairman or a majority of the members of the commission, and allowed by the executive council. Provided, however, that no such expense shall be allowed the members, the secretary, clerks or employes of the com- mission while in the city of Des Moines or traveling between their homes and the city of Des Moines. Sec. 11. The Iowa tax commission shall succeed and take the place of the present executive council in all matters pertaining to the valuation of property for taxation purposes, the assessment of property therefor, and as a state board of review; and said tax commission, when duly or- ganized, shall have all the powers now possessed by, and assume all the duties now imposed upon, the executive council in relation to the valuation of property, the assessment of taxes thereon and as a state board of review. "When said tax commission is duly organized, the powers and duties hereby transferred to it shall no longer be assumed by or imposed upon the said executive council. 88 TAX COMMISSION REPORT Sec. 12. At the time of the organization of said tax commission, the executive council shall transfer to the said commission all records, books, papers, documents and memoranda in the possession of said executive council, and pertaining to the assessment or equalization of property and taxation thereof, and all proceedings, hearings or other matters then pending before said executive council and pertaining to the assessment, equalization or taxation of property shall be continued, carried on and completed by and before said tax commission. Sec. 13. In addition to the powers and duties her,ein transferred from the executive council to the Iowa tax commission, said commission shall have and assume the following powers and duties: (1). To have and exercise general supervision over the administration of the essessment and tax laws of the state, over assessors, boards of review, boards of supervisors and all other officers or boards of assess- ment and levy in the performance of their official duties, to the end that all assessments of property and taxes levied thereon be made relatively just and uniform in substantial compliance with law. (2). To prepare forms and cause to be printed and bound at the cost of the state, suitable assessment rolls and assessors' books, and furnish to each county assessor, prior to the first day of December in each year, a sufficient supply thereof to make the assessment in his county for the succeeding year. It may also from time to time prepare and furnish, in like manner, any and all other blanks, memoranda or instructions which it deems necessary or expedient for the use or guidance of any of the officers over which it is authorized by law to exercise supervision; pro- vided, however, in the year 1913, such assessment rolls and assessors' books shall be furnished to the county auditor and by him delivered to the county assessor upon his qualifying. (3). To confer with, advise and direct assessors, boards of supervisors, boards of review, and others obligated by law to make levies and assess- ments, as to their duties under the laws of the state. (4). To direct proceedings, actions and prosecutions to be instituted to enforce the laws relating to the penalties, liabilities and punishment of public officers, persons and officers or agents of corporations for failure or neglect to comply with the provisions of the statutes governing the re- turn, assessment and taxation of property, and to cause complaints to be made against assessors, members of boards of review, boards of super- visors or other assessing, reviewing or taxing officers, in the courts of proper jurisdiction, for their removal from office for official misconduct or neglect of duty. (5). To require the attorney general or county attorneys in their respective counties, and it shall be the duty of such attorneys, to assist in the commencement and prosecution of actions and proceedings for penalties, forfeitures, removals, and punishments of violations of the laws of the state in respect to the assessment and taxation of property, or to represent the commission in any litigation in which it may become in- volved in the discharge of its duties. TAX COMMISSION REPORT 89 (6). To require city, town, township, county, state or other public officers to report information as to the assessment of property, collection of taxes, receipts from licenses, or other sources, the expenditure of public funds for all purposes and such other information as may be needful or desirable in the work of the commission in such form and upon such blanks as the commission may prescribe. (7). To summon and compel witnesses to appear and give testimony and to compel said witnesses to produce for examination, records, books, papers and documents relating to any matter which the commission shall have the authority to investigate or determine; provi^ied, however, that no bank, officer or employee thereof, shall be compelled to testify as to the contents of any of the records of such bank, or produce the same for the purpose of examination in any matter relating to assessment or taxation. (8). To cause the deposition of witnesses residing within or without the state or absent therefrom to be taken upon notice to interested parties, if any, in any like manner that depositions of witnesses are taken in civil actions pending in the district court, in any matter which the commission shall have authority to investigate or determine. (9). To investigate the work and methods of assessors, boards of review and boards of supervisors, in the assessment, equalization and taxation of all kinds of property, by visiting the counties or localities when deemed necessary so to do. (10). To consider the complaint made by a taxpayer of any county where it is claimed that the assessment in said county is higher than the assessment in other counties and make such change as the commission may deem just and equitable. (11). To require any county board of equalization at any time after its adjournment to reconvene and to make such orders as the tax com- mission shall determine are just and necessary, and to direct and order such county board of equalization to raise or lower the valuation of the property, real or personal, in any township or city, and to order and direct any county board of equalization to raise or lower the valuation of any class or classes of property, and generally to do and perform any act or to make any order or direction to any county board of equalization or any assessor as to the valuation of any property, or any class of property in any township, town, city or county, which in the judgment of the com- mission may seem just and necessary, to the end that all property shall be valued and assessed in the manner and according to the real intent of the law. (12). To carefully examine into all cases where evasion or violation of the law for assessment and taxation of property is alleged, complained of, or discovered, and to ascertain wherein existing laws are defective or are improperly or negligently administered. (13). To investigate the tax system of other states and countries and to formulate and recommend svch legislation as may be deemed expedient 90 TAX COMMISSION REPORT to prevent evasion of assessment and tax laws, and to secure just and equal taxation and Improvement in the system of taxation in this state. (14). To consult and confer with the governor of the state upon the subject of taxation, the administration of the laws in relation thereto, and the progress of the work of the commission, and to furnish the governor from time to time such information as he may require. (15). To transmit biennially to the governor and to each member of the legislature, thirty days before the meeting of the legislature, the report of the commission, covering the subject of assessment and tax- ation, the result o^ the investigation of the commission, its recommenda- tions for improvement in the system of taxation in the state, together with such measures as may be formulated for the consideration of the legislature. (16). To publish in pamphlet form the revenue laws of the state and distribute them to the county assessors, who shall in turn distribute the same to the local assessors and boards of review of their respective counties. (17). To exercise and perform such further powers and duties as may be granted to or imposed upon the commission by law. Sec. 14. At the general election In November, 1914, and every four years thereafter, there shall be elected in each county of this state, one county assessor who shall be a qualified elector and taxpayer of the county, and shall hold his office for a term of four years and until hfs successor is duly elected and qualified; provided, however, that for the purpose of filling said office until a general election is held, the board of supervisors, at or before its regular September meeting after this act becomes a law, shall appoint a qualified elector and taxpayer of the county, who shall hold his office from the second secular day in January, 1914, until the second secular day in January, 1915, and until his successor is duly elected and qualified. Sec. 15. Before entering upon the duties of his office, the county as- sessor shall give bond in such amount as the board of supervisors may fix, in no case, however, to be less than five thousand dollars ( $5,000.00) , and shall take and subscribe the oath of office in the manner provided by law. Sec. 16. In case a vacancy occurs in the office of county assessor, the board of supervisors shall appoint a qualified elector and taxpayer of the county to fill such vacancy at its first, regular, special or adjourned ses- sion thereafter. The person so appointed shall qualify in the manner herein provided for the county assessor and shall hold his office for the unexpired term and until his successor is duly elected and qualified. Sec. 17. The county assessor shall receive his actual and necessary expenses while traveling through his county in the discharge of his official duties, and shall receive an annual salary based upon the popula- tion of his county according to the last preceding federal or state cen- sus, to-wit: In counties having a population of fifteen thousand TAX COMMISSION REPORT 91 « or less, twelve hundred dollars ($1200.00); In counties hav- ing over fifteen thousand and not exceeding twenty thousand population, fifteen hundred dollars ($1500.00); in counties having over twenty thousand and not exceeding thirty thousand population, eighteen hundred dollars (1800.00) ; in counties having over thirty thousand and not exceeding fifty thousand population, two thousand dollars ($2,000.00) ; in counties having over fifty thousand and not exceeding one hundred thousand popul^ition, twenty-four hundred dollars (2,400.00); and in coun- ties having more than one hundred thousand population, three thousand dollars ($3,000.00). The salaries of county assessors shall he paid in the same manner that the salaries of other county ofiacia\s are paid, and all necessary traveling expenses shall be audited and paid the same as other county expenses are audited and paid. Sec. 18. Whenever any county assessor finds that, by devoting his en- tire time and attention to the duties of his office, he cannot perform all the services required under the provisions of this act, he is hereby au- thorized to appoint, with the consent and approval of the tax commission, one or more deputies who shall be subject to the supervision of the county assessor, and for whose malfeasance, misfeasance or nonfeasance in the performance of their duties the c6unty assessor shall be respon- sible. The deputy, in the absence or disability of his principal, may perform all the duties of the principal pertaining to the office. Deputy' county assessors shall receive such compensation as may be fixed by the county board of supervisors, not to exceed the sum of four dollars ($4.00) per day for the time actually employed. Sec. 19. It shall be the duty of the county assessor, as far as prac- ticable, to make a careful examination of all records and files in the offices of his county, and to co-operate with the tax commission, and through it with the county assessors of other counties, in order to ob- tain all available information which may assist him in listing and assess- ing at its true value, and to the proper persons, any and all taxable property which may have been omitted by the local assessor. In making such examination, particular attention shall be given to all intangible property such as tax certificates, mortgages, debts, judgments, claims, and allowances of courts, legacies, and property in the hands of ad- ministrators, executors, guardians, assignees, receivers, trustees and other fiduciaries. Sec. 20. For the purpose of discovering property subject to taxation which may have been omitted or Incorrectly listed or assessed by the local assessor, the county assessor may exercise all the rights given by law to local assessors for the examination of persons and property. Sec. 21. The county assessor shall assess against the proper persons and at its true value, any and all property which he may find has been omitted by the local assessor, and shall enter the same on the assess- ment roll of the proper township, town or city. The valuation made by the county assessor on any omitted property and also the valuation made by him in reviewing the assessments of the local assessor, shall be 92 TAX COMMISSION REPORT entered in a seperate column under the heading "Valuation by county assessor." Sec. 22. It shall be the duty of the county assessor to furnish, upon request, to the tax commission, or to the county assessor of any other county, any information pertaining to the discovery of taxable property which may be obtainable from the records of his county. Sec. 23'. The county assessor shall have and exercise generlal authority over the local assessors of his county in all matters pertaining to their duties as such local assessors. He shall make such rules for the guidance of the local assessors and give to them such advice, orders and directions, not inconsistent with law or the instructions to the tax commission, as will insure the listing and assessment of all property assessable within his county at its actual value and in strict compliance with all laws and regulations prescribing the duties of local assessors. Sec. 24. Between the first and second Mondays in January, the county assessor shall call an annual meeting of the township, town and city assessors in order to direct and instruct them in the duties of their office, furnishing the uniform assessment blanks as prepared and submitted by the tax commission. Each local assessor shall be required to attend said meeting' and for this purpose shall be allowed pay for one day's work together with the necessary traveling expenses. Sec. 25. The county assessors shall prepare and keep up to da);e a tabulated list of sales of farm and unplatted lands and town lots in and various townships, towns and cities of their respective counties, the same to be done according to rules and regulations formulated by the tax commission. At the annual meeting of the township, town and city assessors, just prior to the assessment of real estate, said list of sales as prepared and tabulated for the entire county during the pre- ceding biennial period shall be submitted to the assessors in each taxing district to serve as a guide in their work of assessment, and may also, as far as practicable, be made use of by the county assessor, county board of supervisors, and the tax commission, in their work of review, adjustment and equalization. The county assessor shall be required to submit a copy of said list of sales of real estate to the tax commission not less than thirty days prior to the time when said commission acts as a state board of review. Sec. 26. The county assessor shall report to the clerk of the district court all estates or property coming to his knowledge, which he believes to be chargeable with a collateral inheritance tax. Sec. 27. The county assessor shall file all certificates of levies and as- sessments made to him by the county auditor, and shall record in a book kept for that purpose all such levies. Sec. 28. Upon assuming the duties of his office In the year 1914, as provided in section fourteen (14) of this act, the county assessor shall procure from the county auditor all plats, maps, forms and other data relative to the assessment and equalization of property which may be •TAX COMMISSION REPORT 93 in the oiEce of the county auditor and necessary to the proper perform- ance of his duties as county assessor. Nothing herein contained shall be held to require the plat books, transfer books and Index thereto to be turned over to the county assessor. Sec. 29. When the county assessor has qualified and entered upon the duties of his office, and has received |rom the county auditor the plats, maps and memoranda as comtemplated and provided in the preceding section, the county auditor shall thereupon and thereafter be relieved from the performance of all acts now and heretofore required of him and which are by this act transferred to and required to be performed by the county assessor. Sec. 30. The county assessor shall be provided by the county board of supervisors with a suitable office at the county seat, which may be in conjunction with any other county officer If the said board deem It ex- pedient, together with the necessary furniture, fixtures and supplies, and all necessary expenses relative thereto shall be audited and paid as the expenses of other county officers are audited and paid. Sec. 31. The term "tax oomniission," as used in this act, shall be held to refer to and mean the "Iowa tax commission." Sec. 32. The term "local assessor", as used in this act, shall be held to refer to and mean the assessors elected or appointed to make assess- ments in townships, towns, cities or other assessment districts, including cities acting under special charters. Sec. 33. (1308) All property, real and personal, tangible and intang- ible, not specifically exempt, is subject to taxation in the manner pro- vided in this act; and such property embraces lands, tenaments, heredita- ments; horses, cattle, mules and asses over one year of age; sheep, goats and swine over six months of age; moneys in possession or on deposit, in- cluding gold and silver coin, circulating notes of national banking associa- tions. United States legal tender notes and other notes and certificates of the United States payable on demand, and circulating or intended to circulate as money; credits including accounts, property or labor due from solvent debtors on contracts or judgments, bonds not exempted, notes, mortgages, or other like securities; property situated in this state belonging to any bank or company, incorporated or otherwise, whether incorporated in this or any other state; household furniture, beds and bedding made use of in hotels and boarding houses, household furniture made use of in private families in excess of three hundred dollars ($300.00); private libraries, corporation shares or stocks, not otherwise taxed or excepted; gold and silver plate, precious stones, jewelry and musical instruments, vehicles, thrashing machines, corn shredders, corn shellers, traction engines and hay presses; grain and hay, coal, lumber and merchandise of every description; boats and vessels of every dis- scription, whether registered or licensed, and whether navigating the waters of the state or not, if owned either wholly or in part by inhabitants of this state, to the amount owned in this state; all other property or 94 TAX COMMISSION REPORT things of value of every nature and dlscription including franchises whether owned by an individual, company, partnership, association or corporation. Sec. 34. Except as otherwise provided, all taxes levied upon the prop- erty within an assessment district shall be uniform according to value, upon all the taxable property within such district for each of the purposes for which the levies are made. Sec. 35. (S. 1304) The following classes of property are not to be taxed : 1. The property of the United States and this state, including univer- sity, agricultural college and school lands, and all property leased to the state; the property of a county, township, city, town or school dis- trict or militia company, when devoted entirely to public use, and not held for pecuniary, profit; public grounds, including all places for the burial of the dead, crematoriums, the land on which they are built and appurtenant thereto, not exceeding one acre, so long as no dividends or profits are derived therefrom; fire engines and all implements for ex- tinguishing fires, with the grounds used exclusively for their buildings and meetings of the fire companies. 2. All grounds and buildings used for public libraries, including lib- raries owned and kept up by private individuals, associations or cor- porations for public use and not for pecuniary profit, and for literary, scientific, charitable, benevolent, agricultural and religious institutions, and societies devoted solely to the appropriate objects of these institu- tions, not exceeding one hundred and sixty (160) acres in extent, and not leased or otherwise used with a view to pecuniary profit, but all deeds or leases by which such property is held shall be filed for record before the property above described shall be omitted from the assess- ment; the books, papers and apparatus belonging to said institutions, used solely for the purposes above contemplated, and the like property of students in any such institution used for their education; moneys and credits belonging exclusively to such institutions, and devoted solely to sustaining them, but not exceeding in amount or income the amount previously specified by their charters or articles of incorporation; real estate to the extent of not to exceed one hundred sixty (160) acres in any civil township owned by any educational institution of this state, as a part of its endowment fund. 3. The real estate occupied as a public .road or highway, and the same shall not be taxed as a part of the adjacent land. 4. Government lands entered and located, or lands purchased from this state, for the year in which the entry, location or purchase is made. 5. The farm produce of the person assessed, harvested by him," and all wool shorn from his sheep, within one year previous to the listing; all poultry, ten stands of bees, all swine, goats and sheep under six months of age; and all other domestic animals under one year of age not hereinbefore exempt; obligations for rent not yet due, in the hands of the original payees, private libraries, professional libraries to the actual TAX COMMISSION HEPORT 95 value of three hundred dollars ($300.00); family pictures, household furniture to the value of three hundred dollars ($300.00), and kitchen furniture, beds and bedding requisite for each family; all wearing apparel in actual use; and all food provided for the family; but the exemptions allowed in this subdivision shall not be held to apply to hotels and boarding houses except so far as exempted classes of property shall be for the actual use of the family managing the same. 6. The farming utensils of any person who makes his livelihood by farming, the team, wagon and harness of the teamster or drayman who makes his living by their use in hauling for others, and the tools of any mechanic, not in any case to exceed three hundred dollars ($300.00) in actual value. 7. The accumulations and funds held or possessed by fraternal bene- ficiary associations for the purpose of paying the benefits contemplated by section one thousand eight hundred and twenty-two (1822) of the code, or for the payment of the expenses of such association. 8. United States bonds, municipal, school and drainage bonds or drain- age certificates issued In this state subsequent to July 4, 1909, and special assessment certificates issued in this state hereafter, provided, however, that no deduction from the assessment of the stock of any bank or trust company shall be permitted because of such bank or trust company holding such bonds and certificates. 9. . Motor vehicles, other than those of manufacturers and dealers, upon which the registration fee provided by law has been paid. 10. The pensions of the United States or of any state, and payments expected for services to be rendered. 11. The shares of capital stock of the following named corporations are exempt from taxation, to-wit: Telegraph and telephone companies, frieght lines and equipment com- panies, express companies, corporations engaged in merchandising; domestic , corporations engaged in manufacturing, and corporations not organized for pecuniary profit. 12. (S. 1304-a) The following named property is exempt from taxation until January 1, 1917, viz.: All mills, buildings, machinery, tools, ap- paratus and appliances for the manufacture of sugar, the land upon which said mill is situated not to exceed ten (10) acres; the capital invested in the business of the manufacture of sugar from beets raised in the state of Iowa, all personal property used in connection with said business, also the stock, shares and certificates of any company or corporation actually engaged in said business. 13. The polls or estates, or both, of persons who by reason of age or infirmity may in the opinion of the local assessor be unable to contribute to the public revenue, such opinion and the fact upon which it is based being in all cases entered on the assessment roll, and subject to reversal by the county board of review; provided, also, that if the cause for exemption ceases by reason of a sale of the property, or otherwise, the property shall be taxed for subsequent years. 96 TAX COMMISSION REPORT 14. The property not to exceed twelve hundred dollars in actual value of any honorably, discharged union soldier or sailor of the Mexican war or war of the rebellion, or of the widow remaining unmarried of such soldier or sailor. It shall be the duty of every local assessor, annually, to make a list of such soldiers, sailors and widows, and to return such list to the county assessor upon forms to be furnished by such assessor for that purpose, but the failure so to do shall not effect the validity of any such exemption. All soldiers, sailors or widows thereof, referred to herein, shall receive a reduction of twelve hundred dollars ($1,200.00) at the time such assessment is made by the assessor, unless waiver thereof is voluntarily made of such exemption at said time; provided, however, if the right of such exemption shall terminate by the sale of the property or otherwise, the property thus exempt shall be taxed for subsequent years. Sec. 36. (1307) The board of supervisors shall have power to remit in whole or in part the taxes of any person whose buildings, crops, stock or other property has been destroyed by fire, tornado or other unavoid- able casualty, it said property has not been sold for taxes, or if said taxes have not been delinquent for thirty days at the time of the destruction, but the loss for which such remission is allowed shall be such only as is not covered by insurance. Sec. 37. (1309) The term "credit", as used in this act, includes every claim or demand due or to become due for money, labor or other valuable thing; every annuity or sum of money receivable at stated periods, and all money or property of any kind secured by a deed, title bond, mort- gage or otherwise. Sec. 38. (1310) Except as otherwise provided, moneys, credits and corporation shares or stock shall be assessed and taxed upon the uniform basis throughout the state of five mills on the dollar, of actual valuation, same to be assessed and collected where the owner resides. The millage tax herein provided for shall be in lieu of all other taxes upon such moneys and credits and corporation shares or stocks, and shall be levied by the board of supervisors, placed upon the tax list, and collected by the county treasurer, and the amount collected in the various taxing districts of the state shall be divided between the various funds upon the same pro rata basis as other taxes collected in such taxing district are proportioned. Sec. 39. (1311) In making up the amount of money or credits which any person is required to list, or to have listed or assessed, including ■ actual value of any building and loan shares, he will be entitled to deduct from the actual value thereof the gross amount of all debts in good faith owing by him, but no acknowledgment of indebtedness not founded on actual consideration, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt within the intent of this section, and so much only of any liability of such person as security for another shall be deducted as he believes he will be com- pelled to pay on account of the inability of the principal debtor, and if TAX COMMISSION REPORT 97 there are other sureties able to contribute, then so much only as he In whose name the list Is made will be bound to contribute; but no person will be entitled, to any deduction on account of any deposit or security note given in aid of the organization of a mutual insurance company for the premiums of insurance, nor on account of any unpaid subscription to any institution, society, corporation or company; and no person shall be entitled to any deduction on account of any indebtedness contracted for the purchase of United States bonds or other non-taxable property. Sec. 40. (34th G. A., Ch. 63). All moneyed capital within the meaning of section five thousand two hundred and nineteen (5219) of the revised statutes of the United States used in competition with national, state and savings banks and loan and trust companies, shall be listed and assessed against the owner thereof at his place of business, and if a cori poration at its principal place of business, at the same rate as state, savings and national bank and loan and trust company stock is taxed, in the same taxing district and at the actual value of the moneyed capital so invested. All persons or corporations using moneyed capital in com- petition with bank capital shall furnish the assessor upon demand a full and complete itemized sworn statement, showing the amount of moneyed capital so used. Sec. 41. (1315) Each grain, ice or coal dealer shall be assessed upon the average amount of capital used by him in conducting his business. In estimating the amount of capital so used, there shall be taken into consideration the increase and decrease of the value of grain held in store, and upon the value of his warehouses, ice houses, granaries or cribs situated upon lands leased from railway companies or other persona, and upon the value, if any, of such leasehold interest. Sec. 42. (1351) In all cases where land belonging to any state institu- tion has been leased and the leases renewed, containing an option of pur- chase, the interest of the lessees therein shall be subject to assessment and taxation as real estate. The value of such interest shall be fixed by deducting, from the value of the Irfnds and improvements the amount required by the lease to acquire the title thereto, which leasehold interest so assessed and taxed may be sold for delinquent taxes, and deeds issued thereunder as in other cases of tax sales, and the same rights shall ac- crue to the grantee therein as were held and owned by the tenant. Sec. 43. (1318) Any person, firm or corporation, owning or having in his possession or under his control within the state, with authority to sell the same, any personal property purchased with a view of its being sold, or which has been consigned to him from any place out of this state to be sold within the same, or to be delivered or shipped by him within or without this state, shall be held to be a merchant for the pur- xioses of this act. In assessing such stocks of merchandise, the assessoi shall require the production of the last inventory taken, and in the assess- ment roll shall state the date thereof, and if in the judgment of the assessor such is not correct, or if such time has elapsed since the time 7 98 TAX COMMISSION REPORT the Inventory was taken that it shall have ceased to be reliable as to the value thereof, he shall appraise the same by personal examination. The assessment shall be made at the average value of the stock during the year next preceding the time of assessment, and, if the merchant has not been in business so long, then the average value during such time as he shall have been so engaged, and if commencing, then the value at the time for assessment, and the provisions of this section shall apply and constitute the method of taxation of a corporation whose business or principal business is of a like character, and shall be in lieu of any tax on the corporate shares. Sec. 44. (1319) Any person, firm or corporation who purchases, re- ceives or holds personal property of any description for the purpose of adding to the value thereof by any process of manufacturing, packing of meats, refining, purifying, or by the combination of different materials, with a view to making gain or profit by so doing, and selling the same, shall be held a manufacturer for the purposes of this act, and he shall list for taxation such property in his hands; but the average value therof to be ascertained as in the preceding section, whether manufactured or unmanufactured, shall be estimated upon those materials only which enter into its combination or manufacture. Machinery used in manu- facturing establishments shall for the purpose of taxation be regarded as real estate. Corporations organized under the laws of this state for pecuniary profit and engaged in manufacturing as defined by this sec- tion, and which have their capital represented by shares of stock, shall, through their principal accounting officers, list their real estate, personal property and moneys and credits in the same manner as is required of Individuals. Sec. 45. (S. 1321). Private banks or bankers, or any persons other than corporations, a part of whose business is tbe receiving of deposits subject to check, on certificates, receipts or otherwise, or tbe selling of exchange, shall prepare and furnish to the assessor a sworn statement, showing the assets, aside from real estate, and liabilities of such bank or banker on January first of the' current year, as follows : 1. The amount of moneys, specifying separately the amount of moneys on hand or in transit, the funds in the hands of other banks, bankers, brokers or other persons or corporations, and the amount of checks or other cash items not included in either of the preceding items. 2. The actual value of credits consisting of bills receivable owned by them, and other credits due or to become due. 3. The amount of all deposits made with them by others, and also the amount of bills payable. 4. The actual value of bonds and stocks of every kind, and shares of capital stock, or Joint stock of other corporations or companies held as an investment, or in any way representing assets, and the specific kinds and description thereof exempt from taxation. 5. All other property pertaining to said business, including real estate which shall be separately listed and valued by the usual description TAX CCPMISSION REPORT 99 thereof; the aggregate actual value of moneys and credits after deducting therefrom the amount of deposits, and the aggregate actual value of bonds and stocks after deducting the portion thereof otherwise taxed in this state, and also the other property pertaining to the business shall be assessed as provided by section one hundred and three (103) of this act. Sec. 46. (34th G. A., Ch. 63) The real estate owned by national banks and state and savings banks and loan and trust companies located in this state shall be assessed to the bank or loan and trust company own- ing the same at the place where such real estate is located, and on the same basis as other real estate is assessed. The shares of stock of national banks and state and savings banks and loan and trust com- panies located in this state shall be assessed to the individual stock- holders at the place where the bank or loan and trust company is located in the manner herein provided. At the time the assessment is made, the officers of national banks and state and savings banks and loan and trust companies shall furnish the assessor with lists of all the stockholders and the number of shares owned by each, and the assessor shall list to each stockholder under the head of corporation stock the number of shares owned by each. In determining the amount at which the said shares of capital stock shall be asesssed, the assessor shall deduct from the total capital stock the amount of the capital actually invested in real estate owned by such bank or loan and trust company, and in the shares of stock of corporations owning only the real estate (inclusive of leasehold in- terests, if any), on or in which the bank or trust company is located. The balance remaining shall be the taxable value of the total capital stock and the proper proportion thereof shall be assessed to the respective owners of the shares of stock, and shall be taxed at the same rate as the general property of individuals is taxed^ The surplus and undivided profits of such banks and loan and trust companies shall be assessed to the several stockholders at the place where such bank or loan and trust company is located, in proportion to the number of shares owned by each stockholder, and shall be taxed upon the uniform basis throughout the state of five (5) mills on the dollar; and the same shall be levied, collected and distributed the same as is provided for the taxation of moneys and credits of private individuals, excepting that there shall be no deduction allowed for debts. To aid the assessor in making the assessment, the said corporations shall furnish him a verified statement of all the matters provided in section forty-fiv4 (45) of this act, which shall also show separately thfe amount of the capital stock and the surplus and undivided earnings. The property of such banks and loan and trust companies and the shares of stock shall not be taxed in any other manner than as herein provided. Sec. 47. (1323). The shares of stock of any corporation organized under the laws of this state, except those which are not organized for pecuniary profit and except corporations otherwise provided for in thi6 act, shall be assessed to the owners thereof at the place where its prin- cipal business is transacted, the assessment to be on the value of sucii 100 TAX COMMISSION REPORT shares on the first day of January in each year, but in arriving at the total value of the shares of stock of such corporations, the amount of their capital actually Invested in real estate owned by them, either in this state or elsewhere, shall be deducted from the real value of such shares, and such real estate shall be assessed as other real estate; and the property of such corporation, except real estate situated within the state, shall not be otherwise assessed. Every such corporation, annually, on or before the twenty-fifth day of January, shall furnish to the as- sessor of the assessment district in which its principal place of business is located, a verified statement showing specially, with reference to the year next preceding the first day of January then last past: 1. Total authorized capital stock and the number of shares thereof; 2. Number of shares of stock Issued and par value of each; 3. Amount paid into the treasury on each share and the total capital paid in; 4. Description and value of each tract of real estate owned by said corporation; 5. Date, rater per cent and amount of each dividend declared, and the amount of capital on which each such dividend was declared; 6. Gross and net earnings respectively, during the year, and amount of surplus; 7. Amount of profit added to sinking fund; 8. Highest price of sales of stock betweeli the first and tenth days of January of the current year; 9. Highest price of sales of stock during the preceding year, and aver- age price of such sales. Sec. 48. (1324). If the assessor is not satisfied with the appraisement and valuation furnished, as provided in the preceding sections, he may make a valuation of the shares of stock based upon the facts contained In the statements above required, or upon any information within his possession or that shall come to him, and shall in each case assess to the owners the stock at the valuation made by him. If the officers of any corporation refuse or neglect to make the statement required, the assessor shall make a valuation of the capital stock of the defaulting corporation from the* best information obtainable. In deducting, under the provisions of the preceding section, the value of the real estate from the actual value of the properties, shares or capital stock of any person, firm, association or corporation, the actual value at which said real estate is valued by the assessor or other taxing officer or body where the same is assessed shall be the value thereof. Sec. 49. (1325) The corporations described in the preceding sections shall be liable for the payment of the taxes assessed to the stockholders of such corporations, and such tax shall be payable by the corporation in the same manner and under the same penalties as in case of taxes due from an individual taxpayer, and may be collected in the same manner as other taxes, or by action in the name of the county. Such corporations may recover from each stockholder his proportion of the taxes so paid, and shall have a lien on his stock and unpaid dividends TAX COMMISSION REPORT therefor. If the unpaid dividends are not sufficient to pay such t^^^e^^^^^ ■corporation may enforce such lien on the stock by public sale of the saS to be made by the sheriff, at the principal office of such corporation in this state, after giving the stockholders thirty days' notice of the amount of such tax, and the time and place of sale; such notices to be by registered letter addressed to the stockholder at his postoffice address as the same appears upon the books of the company or is known by its secretary. Sec. 50. (1326) The shares of stock of mutual building and loan, or savings and loan associations, exclusively engaged in such business shall be assessed and taxed to the individual holders thereof at their place of residence. When such association maintains a reserve, expense or other fund, or its equivalent, the total amount of such fund or funds shall be sub- ject to taxation at the principal place of business of the association and shall be assessed against the association as other personal property, the tax of the same to be paid by the association. It shall be the duty of such association to keep a correct list of the owners of the stock thereof with their postoffice addresses, and on or before the thirty-first day of January of each year the officers of all domestic and domestic local associations shall make the same verified statement as other corporations are required to make, and furnish the assessors, and in addition thereto shall state the total amount of their reserve, expense or other fund, or its equivalent, and the actual value of its shares of stock, and funish the same to the assessor of the assessment district in which its principal place of business is located, and on or before the fifteenth day of February of each year the secretary or president of such domestic or domestic local association shall make, by mailing to them, postage prepaid, a verified statement to the county as- sessor of the name and postoffice address of every stockholder of said as- sociation residing in their respective counties, together with the number of shares owned by each person, and the actual value of each share of said stock on the first day of January preceding. The tax commission shall, on or before the tenth day of February of each year, send to the county assessor of each county a statement of the name and postoffice address of each stockholder of a foreign building and loan or savings and loan association residing in their respective counties, together with the number of shares owned by each person on the first day of January preceding, and the actual value of each share of stock on said first day of January, which facts shall be as reported to the tax commission by such associations under the law governing building and loan or savings and loan associations. It shall be the duty of the county assessor to immediately furnish to each local assessor in his county the name of each stockholder in any such asso- ■ciation residing in such assessor's district, together with the number of shares held by each person, and the actual value of each share on the first day of January preceding. Sec. 51. (1343) The lands, buildings, machinery and mains belonging to individuals or corporations operating waterworks or gas works; the lands, buildings, machinery, tracks, poles and wires belonging to individ- uals or corporations furnishing electric light or power; the lands, build- 102 TAX COMMISSION REPORT ings, machinery, poles, wires, overhead construction, tracks, cables, con- duits and fixtures belonging to individuals or corporations operating rail- ways by cable or electricity or operating elevated street railways; and the lands, buildings, tracks and fixtures of street railways operated by ani- mal power, shall be listed and assessed in the assessment district where- the same are situated, but where any such property except the capital stock is situated partly within and partly without the limits of a city or town, such portions of the said plant shall be assessed separately, and the portion within the said city or town shall be assessed as above pro- vided, and the portion without the said city or town shall be assessed in the district or districts in which it is located. All the personal property of such individuals and corporations used or purchased by them for the purposes of such gas or water works, electric light plants, electric or cable railways, elevated street railways, or street railways operated by animal power, including the rolling stock of such railways and street railways, and the animals belonging to such street railways operated by animal power, shall be listed and assessed in the assessment district where usually housed or kept. The actual value of the capital stock over and above that of the above listed property shall be listed and assessed as provided in section forty-seven (47) of this act. Sec. 52. (S. 1328) (S. 1330-f) Every person, co-partnership, associa- tion, corporation or syndicate that shall own or operate or be engaged in operating any telegraph or telephone line whether formed or organized under the laws of this state or elsewhere, shall on or before the first day of May in each year furnish to the tax commission a statement veri- fied by the owner, or if a company or a corporation by its president or secretary, showing: 1. The total number of miles owned, operated or leased within the state, with a separate showing of the number leased; 2. The average number, size and kind of poles per mile, and the whole number of poles on their lines in this state; 3. The total number of miles in each separate line or division thereof, also the average number, size, kind and quality of separate wires thereon; 4. The whole number of stations on each line, and the value of the same, including furniture; 5. The whole number of Instruments on each separate line, and the gross rental charges per instrument, where the same are rented to pat- rons of the company making the return, together with the number of stations maintained other tkan railroad stations. 6. The gross receipts and operating expenses of said company for the year ending December thirty-first next preceding, on business origi- nating and terminating in this state. 7. The gross receipts and operating expenses of said company for the year ending December thirty-first next preceding, and not included in the statement made under sub-section six hereof. 8. The total capital stock of said company. 9. The number of shares of capital stock issued and outstanding, and the par or face value of each share. TAX COMMISSION REPORT 103 10. The market value of such shares of stock on the first day ol January next preceding, and If such shares have no market value, the actual value thereof. 11. All real estate and other property owned by such company, and the location thereof, subject to local taxation within this state. 12. The specific real estate, together with the permanent Improve- ments thereon, owned by such company and situated outside this state and taxed as other real estate in the state where located, with a specific de- scription of each piece, where located and the purpose for which the same is used, and the actual value thereof in the locality where situated. 13. All mortgages upon the whole or any part of its property, to- gether with the dates and amounts thereof. 14. (a) The total length of the lines of said company. (b) The total length of the lines of said company outside this state. Sec. 53. (S. 1329) Upon the receipt of said statements from the several companies, the tax commission shall examine said statements and if it shall deem the same insuflicient, and that further information Is requisite, it shall require the ofiBcer making same to make such other or further statement as it may desire. In case of failure or refusal of any company to make out or deliver to the tax commission the state- ments required in this act, such company shall forfeit and pay to the State of Iowa, one hundred dollars for each day such report Is delayed, beyond the first day of May, to be sued and recovered in any proper form of action in the name of the state, and on the relation of the tax commis- sion, and such penalty, when collected, shall be paid into the general fund of the state. Sec. 54. (S. 1400-a) That on or before the first day of August, 1914, each telephone or telegraph company owning or operating a telephone or telegraph line, any part of which lies within the state of Iowa, shall file with the several county auditors of the counties within which any part of its line is located, a map of all its lines within said county, ex- cept its line within any platted city or town, drawn to a scale of not less than one (1) inch to four (4) miles, on which the location of the line or lines of said company is correctly shown. The map of any line situated upon any highway or street which is the dividing line between taxing districts, shall show on which side of said street or highway said line is situated, and shall locate all points at which said line may cross said street or highway. A statement showing the length of pole line in each taxing district, of each company, shall be filed when no map of the pole lines of such company is required under the terms of this act. A telephone or telegraph company whose line is situated upon the right of way of a railway, may file in lieu of the map required to be filed by the provisions of this section, a certificate setting forth along what lines of railway said company's telephone or telegraph line ex- tends. On or before the first day of March, 1913, and annually there- after, like maps, statements or certificates shall be filed with the several county auditors of counties in which any part of said lines may have been extended, constructed, relocated or taken down entirely, during the 104 TAX COMMISSION REPORT preceding calendar year, showing the correct location of all such new or relocated lines, and the location of any part abandoned or taken down, as the same existed on the thirty-first day of December preceding. Pro- vided county auditors of the several counties shall, upon application of any company owning or operating a telephone or telegraph line in their respective counties, furnish a map or maps, accurately showing the boundaries of all taxing districts in said county, and the public high- ways located within such taxing district. Provided further that where any telegraph or telephone company has prior to the taking effect of this act filed such map, statement or certificate of its lines with the several county auditors as in this section provided, sucH company shall be required to file only map, statement or certificate as to the exten- sions, relocations or correction as herein provided, made subsequent ta such filing. Sec. 55 > (S. 1400-b) In the event of the failure or refusal of any telephone or telegraph company, owning or operating any telephone or telegraph line not situated upon the right of way of a railway, to file the map required under the provisions of section fifty-four (54) of this act, at the time and according to the conditions named, then the county auditor may cause the same to be prepared by a competent surveyor and the cost thereof shall, in the first place, be audited and paid by the board of supervisors of the county, out of the county fund, and the amount thereof shall be by said board levied as a special tax against said company and the property of said company, which shall be collected in the same manner as county taxes and become a part of the county fund. Sec. 56. (S. 1330) The tax commission shall, at its meeting on the second Monday in July in each year, proceed to find the actual value of the property of such telephone and telegraph companies in this state, taking into consideration the information obtained from the statements above required, and any further information it can obtain, using the same as a means for determining the actual cash value of the property of such companies within this state; also taking into consideration the valuation of all property of such companies including franchises and the use of the property in connection with lines outside the state, and making such deductions as may be necessary on account of extra value of prop- erty outside the state as compared with the value of property in the state in order that the actual cash value of the property of the company within this state may be ascertained. Said assessment shall include all property of every kind and character whatsoever, real, personal or mixed, used by said companies in the transaction of telegraph and telephone business; and the property so included in said assessment shall not be taxed in any other manner than as provided In this act. Sec. 57. (S. 1330-a) The tax commission shall ascertain the value per mile of the property of each of said companies within this state by dividing the total value, as above ascertained, by the number of miles of line of such company within the state, and the result shall be deemed TAX COMMISSION REPORT 105 and held to be the actual value per mile of line of the property of such company within this state. The value thus found shall be the taxable value. At such meeting In July any company interested shall have the right to appear by its oflacers or agents before the tax commission and be heard on the question of the valuation of its property for taxation. Sec. 58. (S. 1330-b) The tax commission shall, for the purpose of ■determining what amount shall be assessed to any one of said companies in each county of the state into which the line of said company extends, multiply the assessed or taxable value per mile of line of said company, as above ascertained, by the number of miles In each of said counties, and the result thereof shall, on or before the first Monday in August, be by said tax commission certified to the several county auditors of the respective counties into, over or through which said line extends. Sec. 59. (S. 1330-c) At the first meeting of the board of supervisors held after such statement is received by the county auditor, it shall cause such statement to be entered in Its minute book, and make and enter therein an order stating the length of the lines and the assessed value of the property of each of the said companies situated In each city, town, township or lesser taxing district In its county, as fixed by the tax commission, which shall constitute the taxable value of said prop- erty for taxing purposes, and the taxes of said property, when collected by the county treasurer, shall be disposed of as other taxes on real estate. The county auditor shall transmit a copy of said order to the county assessor and to the council or trustees of each city, town or township into which the lines of said company extend. Sec. 60. (S. 1330-d) All telegraph and telephone property shall be taxable upon said assessment at the same rates, by the same officers and for the same purposes as the property of Individuals within such counties, cities, towns, townships or lesser taxing districts, and the county treasurer shall collect such taxes at the same time and in the same manner as other taxes; and the same penalties for the non-payment shall be due and col- lectible as for the non-payment of individual taxes. Sec. 61. (S. 1330-e) Land, lots and other real estate and personal property belonging to any telegraph company or telephone company not used exclusively In Its telegraph or telephone business, shall be subject to assessment and taxation on the same basis as other property of Indi- viduals in the several counties where situated. Sec. 62. (S. 1332) No telegraph or telephone line shall be assessed which is owned or operated by any railroad company exclusively for the transaction of its business, and which has been duly reported as such In Its annual report under the laws providing for the taxation of railroad property. Sec. 63. (S. 1334-a) Each railway or other corporation or person owning or operating a railroad within this state shall, on or before the first day of April, 1914, make to the tax commission a detailed statement showing the amount of real estate owned or used by it on December 106 TAX COMMISSION REPORT thirty-first preceding, for railway purposes, In each county in the state in which said real estate is situated, including the right of way, road bed, bridges, culverts, depot grounds, station buildings, yards, section and tool houses, round houses, machine and repair shops, water tanks, turn- tables, gravel beds and stone quarries, and for all other purposes, with the estimated value thereof, in such manner as may be required by the tax commission. Only one such detailed statement by any corporation shall be necessary, and when received by the tax commission, it shall become the record of railway lands of such corporation and be deemed as an- nually thereafter reported for valuation and assessment by the tax com- mission. On or before the first day of April of each subsequent year, such corporation or person shall in like manner report all real estate or other property acquired for any of the railway purposes above named during the preceding calendar year; and also a list of any real estate or other property previously reported disposed of during the same period, which disposition shall be noted by the tax commission in an appropriate column opposite to the description of said tract in the original report of the same in the record of railway land. Provided, however, where- any such railway companies have, previous to the taking effect of this act, made to the executive council a report which the tax commission finds to be substantially as is required by the provisions of this section, such railway, corporation or person shall not be required to report the- property embraced in a previous report to the executive council. Sec. 64. (S. 1334-b) The tax commission shall, by some convenient method of binding, arrange the statements required to be made under the provisions of the preceding section, so as to form a consolidated list of all real estate reported to it, as being owned or used for railway pur- poses within the state of Iowa, which list shall be known as the record- of railway lands. Provided, however, that the record of such railwar lands made and kept by the executive council prior to the taking effect of this act shall be deemed the record of the tax commission as from time to time reported by the railway companies. Sec. 65. (S. 1337-a) Every railway company owning or operating a line of railroad in this state shall, on or before the first day of August, 1914, place on file in the office of the county auditor of each county in the state, in which any- part of the lines of said company lies, a plat of the lines of said companies within said county, showing the length of their said lines and the area of the land owned or occupied by said companies in each government subdivision of land not included within the platted portion of any town or city, within each of said counties, and the length of the said lines within the platted portion of cities and towns. Com- panies having on file such plats of part or all of their lands, in any of said counties, shall be required to file plats only of that part of their lines not fully shown as above required on the plats now on file. On the first day of January of each year, hereafter, like plats shall be filed of all new lines or extensions of existing lines, built or completed within the cal- endar year preceding. TAX COMMISSION REPORT 107 Sec. 66. (S. 1337-b) In the event of the failure or refusal of any railroad company to file the plats under the provisions of the preceding section, at the time or in accordance to the conditions named, then the county auditor may cause the same to be prepared by a competent en- gineer, and the cost thereof shall, in the first place, be audited and paid tj the board of supervisors out of the county fund, and the amount thereof shall be by said board levied as a special tax against said com- pany and the property of said company, which shall be collected as county taxes and when collected be paid into the county fund. Sec. 67. (S. 1334) (S. 1340) On the second Monday of July of each year, the tax commission shall assess all the property of each corpora- tion, company or person owning or operating a railroad in the state, except the lands, lots and other real estate belonging thereto not used in the operation of any railway, and excepting railway bridges across the Mississippi and Missouri rivers, and excepting grain elevators; and for the purpose of making such assessment, its president, vice president, general manager, general superintendent, receiver, or such other oflScer as the tax commission may designate, shall, on or before the first day of April in each year, furnish It a verified statement showing In detail for "the year ending December thirty-first next preceding: 1. The total number of miles of railway owned, operated or leased by «uch corporation, company or person within and without the state; 2. The total number of miles of railway owned, operated or leased within the state. Including double tracks and side tracks, the mileage of the main line and branch lines to be stated separately, and showing the number of miles of track in each county; 3. A full and complete statement of the cost and actual present value of all buildings of every description owned by said railway company within the state not otherwise assessed; 4. The total number of ties per mile used on all its tracks within the state; 5. The weight of rails per yard in main line, double tracks and side tracks ; 6. The number of miles of telegraph and telephone lines owned and used within the state; 7. The total number of engines and passenger, chair, dining, official, express, mall, baggage, freight and other cars. Including hand cars and boarding cars used in constructing and repairing such railway, in use on its whole line, and the sleeping cars owned by it, and the number of each class on its line within the state, each class to be valued separately; 8. Ahy and all other property owned by said railway within the state, classified and scheduled in such manner as may be required by such tax commission; 9. The gross earnings of the entire road, and the gross earnings in this state; 10. The operating expenses of the entire road, and the operating ex- penses within this state; 108 TAX COMMISSION REPORT 11. The net earnings of the entire road, and the net earnings within this state. Such statement shall also shew: 1. The number of sleeping and dining cars not owned by such cor- poration, but used by it in operating Its railway in this state during eacb month of the year for which the return is made. 2. The value of each car so used and also the number of miles each month said cars have been operated or run on such railway within the state. 3. The total number of miles said cars have been run or operated each month within and without the state. 4. The average daily sleeping car and dining car service or wheelage- operated on each part or division of the line or system within the state, designating the points on the line where variations occur, with the mileage- of that part having the same daily service or wheelage. Sec. 68. (1335) There shall not be included in said operating expenses^ any payments for interest or discount, or construction of new tracks ex- cept needed sidings, for raising or lowering tracks above or below cross- ings at grade in cities or towns, for new equipmept except replacements, for reducing any bonded or permanent debt, nor for any other item of operating expenses not fairly and reasonably chargeable as such In ralK way accounts. The tax commission may demand, in writing, detailed, ex- planatory and amended statements of any of the items deemed by it important to be furnished it by such railway corporation within thirty days from such demand, in such form as it may designate, which shall be verified as required for the original statement. The returns, both original and amended, shall show such other facts as the tax commission in writ- ing shall require. Sec. 69. (S. 1340-a) For the purpose of making reports to the tax com- mission, the gross earning of railway companies, owning or operating a line or lines of railway partly within this state, and partly within another state, or other states or territory, or territories, upon heir line or lines within this state, shall be ascertained and reported by said rail- way companies as follows: to-wit: The aggregate of the earnings upon business originating and terminating within this state, upon business orig- inating in this, state and terminating elsewhere, upon business originating elsewhere and terminating in this state; and upon business neither orig- inating or terminating in this state but carried on or done over the line or lines in this state or over some part thereof, shall be reported; and with respect to all such interstate business the earnings in this state for the purpose of report shall be actually computed upon the basis of the length of haul or carriage in this state as compared with the length of haul or carriage elsewhere. It being hereby declared that for the purpose of making reports looking -to the assessment of railway property for taxa- tion, the gross earnings or business done or carried partly within this state and partly in another state, or other states, or territories, shall be that pro- TAX COMMISSION REPORT 109 portion of the entire earnings of such business that the haul or carriage in this state bears to the entire haul or carriage. Sec. 70. (S. 1340-b) The tax commission shall have the power to prescribe such rules and regulations with respect to the keeping of ac- counts by the railway companies doing business in this state, as will insure the accurate division of earnings as aforesaid, and uniformity in reporting the same to the tax commission. Sec. 71. (S. 1340-c) The tax commission shall have the power to prescribe a method for all railway companies doing business in this state, together with the rules and regulations for the ascertainment of the net earnings of the railway lines in this state, to the end that all such rail- way companies in ascertaining and making report of net earnings shall proceed upon the same basis and in a uniform manner. Sec. 72. (S. 1340-d) The reports authorized and provided for in the two preceding sections shall be made at the same time and as a part of the report required by section sixty seven (67) of this act. Sec. 73. (S. 1340-e) The rules, regulations, method and requirements herein provided to be made by the tax commission, shall be made and communicated in writirlg or print to the said several railway companies,, and shall become binding upon said railway companies from the time they are so communicated; provided, however, that the tax commission shall have the power to prescribe supplemental or additional rules, regula- tions and requirements at any time, and communicate them to the several railway companies in the manner aforesaid, and with respect to such ad- ditional or supplemental rules, regulations and requirements, they shall be and become binding upon said railway companies within thirty days after they are so communicated. Sec. 74. (S. 1340-f ) If any railway company shall fail or refuse to obey or conform to the rules, regulations, method and requirements so made or prescribed by the tax commission under the provisions of this act, or to make the reports as herein provided for, the tax commission shall proceed and assess the property of such railway company so failing or refusing according to the best information obtainable, and shall then add to the taxable valuation of such railway company twenty five per centum thereof, as penalty, and together shall constitute the assessment for that year. Sec. 75. (1341) The tax commission shall, at the time of the assess- ment of other railway property for taxation, assess for taxation the average number of sleeping and dining cars now owned but used by such corpora- tion each month, and the assessed value of said cars shall bear the same proportion to the entire value thereof that the monthly average number of miles such cars have been run or operated within the state shall bear to the monthly average number of miles such cars have been used or operated within and without the state. Such valuation shall be added to the assessed valuation of the property of the railways so using such cars. HP TAX COMMISSION REPORT Sec. 76. (1336) All railway property subject to taxation under the preceding sections shall be valued at its actual value, and the asessments shall be made upon the actual value of the entire railway within the state, except as otherwise provided, and shall include the right of way, road bed, bridges, culverts, rolling stock, depots, station grounds, shops, build- ings, gravel beds, and all other property, real and personal, exclusively used in the operation of such railway. In assessing saiij railway and its equipments, said commission shall take into consi4eration the gross earn- ings per mile for the year ending January first preceding, and any and all other matters necessary to enable said commission to make a just and equitable assessment of said railway property. • If a part of any railway Is without this state, then in estimating the value of its rolling stock and movable property, it shall take into consideration the proportion which tie business of that part of the railway lying within this state bears to the business of the railway without this state. Sec. 77. (1342) Lands, lots and other real estate belonging to any railway company, not used exclusively in the operation of the same, and all railway bridges across the Mississippi and Missouri rivers, and grain elevators, shall be subject to assessment and taxation on the same basis as property of individuals in the different counties where the same is situated. « Sec. 78. (S. 1337) On or before the first Monday in August, the tax commission shall transmit to the county auditor of each county, through and into which any railway may extend, a statement showing the length of the main track within the county, and the assessed value per mile of the same, as fixed by a ratable distribution per mile of the assessed valua- tion of the whole property. Sec. 79. (1338) At the first meeting of the board of supervisors held after said statement is received by the county auditor, it shall cause the same to be entered on its minute book, and make and enter therein an order stating the length of the main track and the assessed value of each railway lying in each city, town, township or lesser taxing district in its county, through or into which said railway extends, as fixed by the tax commission, which shall constitute the taxable value of said property for taxing • purposes, and the taxes on said property, when collected by the county treasurer, shall be disposed of as other taxes. The county auditor shall transmit a copy of said order to the county assessor and to the council or trustees of the city, town or township. Sec. 80. (1339) All such railway property shall be taxable upon said assessment at the same rates, by the same officers and for the same pur- pose as the property of individuals within such counties, cities, towns, townships and lesser taxing districts. Sec. 81. (S. 134p-a) (S. 1346-i) Every person, co-partnership, asso- ciation, corporation or syndicate engaged in conveying to, from, through, in or across this state, or any part thereof, money, packages, gold, silver, plate, merchandise, or any other article, by express, under a contract, express or implied, with any railroad company, or the managers, lessees. TAX COMMISSION BBPORT 111 agents or receivers thereof, provided such company is not a railroad company, a freight line company nor an equipment company, shall be deemed and held to be an express company within the meaning of this act, and every such express company shall, on or before the first Mon- day in May, 1914, and annually thereafter, between the first day of Feb- ruary and the first day of March, make out and deliver to the tax com- mission a statement verified by the oath of an officer or agent of said com- pany making such statement, with reference to the first day of January preceding, showing: First. The name of the company, and whether a corporation, partner- ship or person, and under the laws of what state or county organized. Second. The principal place of business, and the location of its princi- pal office, and the name and postoffice address of its president, secretary and superintendent or general manager, and the name and postoffice address of its principal officers or managing agent in Iowa. Third. The total capital stock of said company; (a) authorized; (b) issued. Fourth. The number of shares of capital stock issued and outstanding, and the par face value of each share, and in case shares of stock are issued, in what manner the capital stock thereof is divided, and in what manner such holdings are evidenced. Fifth. The market value of said shares of stock on the first day of January next preceding, and if such shares have no market value, then the actual value thereof; and in case no shares of stock have been issued, state the market value, or the actual value in case there is no market value of the capital thereof, and the manner in which the same is di- vided. Sixth. The real estate, buildings, machinery, fixtures, appliances, and personal property owned by said company and subject to local taxation within the state of Iowa, and the location and actual value thereof. In the county, township or district where the same is assessed for local taxation. Seventh. The specific real estate, together with the improvements thereon, and all bonds, mortgages and other personal property owned by said company, situated outside of the state of Iowa, and used ex- clusively outside the conduct of the business, with a specific description of all bonds, mortgages and other personal property, and the cash value thereof, the purposes for which the same are used, and where the same are kept or deposited, and eash piece of real estate, where located, the purpose for which the same is used, and the actual value thereof in the locality where situated. Eighth. All mortgages upon the whole or any part of its property, to- gether with the dates and amounts thereof. 112 TAX COMMISSION REPORT Ninth, (a) The total length of lines or routes over which the company transports such merchandise, freight or express. (b) The total length of such lines or routes as are outside of the state of Iowa. (c) The length of such lines or routes within each of the counties, townships and assessment districts within the state of Iowa. Sec. 82. (S. 1346-b) Upon the filing of such statements, the tax com- mission shall examine each of them, and if it shall deem the same insuf- ficient, or in case it shall deem that other information is requisite, it shall require such officer or agent to make such other and further state- ments as the tax commission may call for. In the case of the failure or refusal of any company to make out and deliver to the tax commission any statement or statements required by this act, such company shall forfeit and pay to the state of Iowa one hundred dollars for each day such report is delayed beyond the first Monday in March of that year, to be sued and recovered in any proper form of action in the name of the state of Iowa, on the relation of the tax commission, and such penalty, when collected, shall be paid into the general fund of the state. Sec. 83. (S. 1346-c) The tax commission on the second Monday in July in each year, shall proceed to value and assess the property of such company, in the manner hereinafter set forth, after examining such state- ments, and after ascertaining the actual value of the property of such company therefrom, and from such other information as it may have or obtain. For that purpose the tax commission may require such com- pany, by its agents or officers, to appear before said tax commission with such books, papers or statements as the tax commission may require, or it may require additional statements to be made by such company and may compel the attendance of witnesses, in case said tax commission shall deem it necessary, to- enable it to ascertain the actual value of such prop- erty; any such company interested may, upon written application, appear before the tax commission and be heard in the matter of the valuation of the property of such company for taxation. Sec. 84. (S. 1346-d) The tax commission shall first ascertain the actual value of the entire property owned by said company, from said state- ments or otherwise, for that purpose taking the aggregate market value of all shares of capital stock, in case said shares have a market value; and in case they have none, taking the actual value thereof or of the capital of said company, in whatever manner the same is divided, in case no shares of capital stock have been issued; provided, however, that in case the whole or any portion of the property of said company shall be encumbered by a mortgage or mortgages, such tax commission shall ascertain the actual value of such property by adding to the market value or the aggregate shares of stock or to the value of the capital, in case there shall be no such shares, the aggregate amount of the market or cash value of such mortgage or mortgages, and the result shall be deemed and treated as the actual value of the property of such com- TAX COMMISSION REPORT 113 pany. The tax commission shall, for the purpose of ascertaining the actual value of the property within the state of Iowa, next ascertain from such statements or otherwise the actual value of the property, both real and personal, owned by the company, and which is used exclusively outside the general business of the company, and also the actual value of that part of its property, If any, without the state which cannot lawfully be consid- ered in determining the mileage value of its routes; and the aggregate of such values shall be deducted from the entire actual value of the prop- erty as above ascertained. The tax commission shall next ascertain qpd deduct the actual value of the sea or ocean routes of any such company and in ascertaining the same may take into consideration the earnings, both gross and net per mile, of such sea or ocean routes, as compared with the earnings, gross and net, of the land routes of such company, or may ascertain their value in any other practical manner, and may require that the reports heretofore provided for shall show such earn- ings. Thereupon the tax commission shall ascertain the actual value of the property of such company within the state of Iowa, and for that purpose may take into consideration the proportional value of the com- pany's property without and within the state, and shall take as a basis of valuation of the company's property in this state the proportion of the whole aggregate value of the property of said company as above ascer- tained, after making the deductions above provided for, which the length of the routes within the state of Iowa bears to the whole length of the routes of such company other than sea or ocean routes, and such amount so ascertained shall be considered and taken to be the entire actual value of the property of such company within the state of Iowa. Prom the entire actual value of the property within the state so ascertained, there shall be deducted by the said tax commission the actual value of all the real estate, buildings, machinery, appliances and personal property not used exclusively in the conduct of the business within the state that are subject 4.0 local taxation within the counties, townships, and other assessment districts, as hereinbefore described in the sixth item of section eighty one (81) of this act. Sec. 85. (S. 1346-e) The tax commission shall thereupon ascertain the value per mile of the property within the state by dividing the total value as above ascertained after deducting the specific properties locally assessed within the state, by the number of miles within the state, and the result shall be deemed and held to be the actual value per mile of the property of such company within the state of Iowa. Sec. 86. (S. 1346-f) The tax commission shall thereupon, for the purpose of determining what amount shall be assessed by it to said com- pany, in each county of the state, through, across, into or over which the route of said company extends, multiply the value per mile, as above ascertained, by the number of miles in each of said counties, as reported in said statements or as otherwise ascertained, and the result thereof, with the mileage and the rate of assessment per mile, shall, on or before the first Monday in August, be by said tax commission certified to the 8 114 TAX COMMISSION REPORT county auditors respectively of the several counties through, into, over and across which the routes of said company extend. Sec. 87. (S. 1346-g) At the first meeting of the board of supervisors held after such certificate is received by the county auditor, it shall cause the same to be entered in its minute book and make and enter therein an order stating the length of the routes and the assessed value of each in each city, town, township, or other taxing district in its coiinty, through or into which said routes extend, which shall consti- tute the taxable value of said property for taxing purposes, and the taxes on said property, when collected by the county treasurer, shall be disposed of as other taxes. The county auditor shall immediately there- after transmit a copy of said order to the county assessor and to the councils of cities, or towns, and to the trustees of each township, in the county. The county assessor shall add to the value so apportioned the assessed value of the real estate, buildings, machinery, fixtures, ap- pliances, and personal property not used exclusively in the conduct of the business situated in any township or taxing district as returned by the assessor thereof, and extend the taxes thereon upon the tax list as in other cases. All such property shall be taxable upon said assessment at the same rates, by the same officers and for the same purposes as the property of individuals within such counties, townships or taxing- dis- tricts. The property so included in said assessment and the shares of stock in such companies so assessed shall not be taxed In this state, except as provided in this act. Sec. 88. (S. 1346-h) In case any such company shall fall or refuse to pay any taxes assessed against it in any county, township or assess- ment district in the state, in addition to other remedies provided by law for the collection of taxes, an action may be prosecuted in the name of the state of Iowa by the county attorneys of the different counties of the state, on the relation of the treasurers of the different counties of the state, and judgment in such action shall include a penalty of fifty per cent of the amount of the taxes so assessed and unpaid, together with r-easonable attorney's fees for the prosecution of such action, which action may be prosecuted in any county into, through, over or across which the routes of any such company shall extend, or in any county where such company shall have an officer or agent for the transaction of business. Sec. 89. (S.1342-a) Every company engaged in the business of operat- ing cars, not otherwise listed for taxation in Iowa, for the transpor- tation of freight, whether such freight be owned by such company or any other person or company, over any railway line or lines, in whole or in part within this state, such line or lines, not being owned, leased or operated by such company, whether such cars be termed box, flat, coal, ore, tank, stock, gondola, furnitJre or refrigerator cars, or by some other name, shall be deemed to be a freight line company. Every eompany engaged in the business of furnishing or leasing cars of what- soever kind of description, to be used in the operation of any railway TAX COMMISSION REPORT 115 line or lines, wholly or partially within this state, such line or lines not Jjeing owned, leased or operated by such company, and such cars not being otherwise " listed for taxation in Iowa, shall be deemed to be an equipment company. Sec. 90. (S. 1342-b) Every freight line and every equipment company, as designated in the preceding section, doing business or owning cars which are operated in this state, shall annually, on or before the first Monday in June in each year, commencing with the year 1914, make out and deliver to the tax commission a statement, verified by oath of an officer or agent of such company making such statement, with refer- ence to the first day of January, next preceding, showing: First. The name of the company; Second. The nature of the company, whether a person or persons, an association, co-partnership, corporation or syndicate, and under the laws of what state or county organized. Third. The location of its principal office or place of business. Fourth. The name and postoffice address of the president, secretary, auditor, treasurer and superintendent or general manager. Fifth. The name and postoffice address of the chief officer or managing agent or the company in Iowa. Sixth. The aggregate number of miles traveled within the state of Iowa by its cars during the preceding calendar year. Seventh. The average number of miles traveled by the cars of each class of its cars during the preceding calendar year. The number of cars necessary for the mileage traveled within the state of Iowa, under the circumstances that ordinarily attend the use of such cars and where different classes of cars are used by said company, as to the matters embraced in this and the ■ preceding paragraph, it shall furnish the re- quired information as to each class of said cars, in the form prescribed by blanks to be furnished by the tax commission. Eighth. The actual cash value on the first day of January next pre- ceding of the said number of cars necessary to provide for the mileage, to be reported as required by paragraph six of this section. Ninth. The real estate, personal property, structure, machinery, fixtures and appliances,owned by said company, subject to local taxation within the state, and the location and the actual value thereof in the county, township or district where the same is assessed for local taxation. Sec. 91. (S. 1342-c) Upon the filing of such statements, the tax com- mission shall examine each of them, and if it shall deem the same insuf- ficient, or if they fail to fully set out the matters required to be re- ported, it shall require such officer or agent to make such other and fur- ther statements as to such matters as it may deem proper. In case of the failure or refusal of any company to make and deliver to the tax com- mission any statement or statements required by this act, such com- pany shall forfeit any pay to the state of Iowa, one hundred dollars for each day such report is delayed beyond the first Monday in June, to be 116 TAX COMMISSION REPORT sued and recovered In any proper form of action In the name of the state of Iowa, and such penalty when collected shall be paid into the general fund of the state. Sec. 92. (S. 1342-d) The tax commission, on the second Monday of July in each year, shall proceed to value and assess, as the property of said company within this state, the cars of the said company necessary under the circumstances ordinarily attending the use of such cars, for the mileage to be reported under paragraphs six and seven of section ninety (90) of this act, after examining such statements and after ascer- taining the actual value of said property of such company therefrom, and from such other information as it may have or obtain. For that purpose the tax commission may require such' company by Its agents or o£3cers to appear before said tax commission with such books, papers or additional statements as the tax commission may require, and may compel the attendance of witnesses in case said tax commission shall deem it necessary to enable it to ascertain the actual value of such property. From the entire actual value of the property within the state so ascertained, there shall be deducted by the said tax commission the actual value of all cars locally assessed, and the residue of such actual value so ascer- tained shall be by the tax commission assessed to said company. Sec. 93. (S. 1342-e) The tax commission shall also determine the rate of tax to be levied and collected upon said assessments, which shall be equal, as nearly as may be, to the average rate of taxes, state, county, municipal and local, levied throughout the state during the previous year, which rate shall be ascertained from the records and files in the tax com- mission's office, and said tax shall be in full of all taxes, except on real estate, personal property locally assessed and special assessments, and shall become due and payable at the state treasury on the first day of February following the levy thereof, and if not so paid, the state treas- urer shall collect the same by distress and sale of any property belong- ing to such company in the state in the same manner as is required of county treasurers in like cases, and the order of the tax commission in such cases shall be sufficient authority therefor. Sec. 94. (S. 1342-f) The word "company", as used In the five pre- ceding sections shall be deemed and construed to mean any person, co- partnership, association, corporation or syndicate that may own or operate, or be engaged in operating, furnishing or leasing cars, as defined and described in sectin eighty nine (89) of this act, whether formed or or- ganized under the laws of this state or any other state or territory or any foreign country. Sec. 95. (S. 1342-g) The individual stockholders or owners of interests of said companies shall not be required to list their shares or interests in such companies so long as the companies pay the taxes on their prop- erty as herein provided. Sec. 96. (S. 1333) Every insurance company or association organized or Incorporated under the laws of any state or nation other than the TAX COMMISSION EEPORT 117 United States, and every other insurance company whose charter may be owned, or a majority of whose stock may be controlled, or whose busi- ness shall be carried on In the interest or for the benefit of any insurance company or association incorporated under the laws of any state or nation other than the United States, shall at the time of making the annual statements as required by law, pay into the state treasury, as taxes, two and one-half per cent of the gross amount of premiums re- ceived by it or its agents in cash, promissory obligation or other form of settlement, for business done in this state, including all Insurance upon property situated in this state, and v«)on the lives of persons resi- dent in this state during the preceding year. Every Insurance company incorporated under the laws of any state of the United States other than the state of Iowa, not including associations operating under the provi- sions of chapter seven (7), title nine (IX), of the code, or fraternal beneficiary associations doing business in the United States, shall, at the time of making the annual statements as required by law, pay into the state treasury, as taxes, two and one-half per cent of the gross amount of premiums received by it for business done in this state, including all insurance upon property situated in this state, and upon the lives of persons resident in this state during the preceding year. At the time of paying said taxes, said companies and associations shall take dupli- cate receipts therefor, one of which shall be filed with the auditor of state, and upon filing of said receipt, and not until then, the auditor shall issue the annual certificate as provided by law. No deduction or exemp- tion from the taxes herein provided shall be allowed for or on account of any indebtedness owing by any such insurance company or association. Provided, however, that companies doing a fire insurance business may deduct from the gross amount of premiums received, the amount of premiums returned upon cancelled policies issued upon property situated in this state. Sec. 97. (S. 1333-a) The shares of stock of every insurance corpora- tion or association having capital stock, organized under the laws of this state, shall be assessed for taxation in the manner provided for the assess- ment of the shares of corporate stock in sections forty-seven (47), forty- eight (48) and forty-nine (49) of this act, and said shares of stock shall not be otherwise assessed. In addition to the statement required in sec- tion forty-seven (47) of this act, the corporation shall furnish to the local assessor a copy of its annual report made to the auditor of state. Sec. 98. (S. 1333-b) Every insurance corporation or association or- ganized under the laws of this state, not including corporations with capital stock, county mutuals and fraternal beneficiary associations, which county mutuals and fraternal beneficiary associations are not organized for pecuniary profit, shall, on or before the 26th day of January in each year, for the purpose of assessment of its property, furnish to the as- sessor of the assessment district in which its principal place of business is located, a statement verified by its president, showing specifically with reference to the year next preceding the first day of January then last past: 118 T4X COMMISSION REPORT 1. A duplicate of the statement required by Jaw to be made to the auditor of state for the said year last past. 2. A detailed statement of all its property and assets of every kind and nature whatsoever, and the value of each item thereof, including surplus, guaranty and reserve fund and the amount of each. It shall be the duty of the assessor, upon receipt of said statements and from other information acquired by him, to assess against every corporation or asso- ciation, referred to in this section, the value of all personal property owned by such corporation or association, together with the actual value of each parcel of real estate sitiuated in the assessment district of such assessor, and all the said property shall be assessed at the same rate and for the same purposes as the property of private individuals as provided in section one hundred and three (103) of this act. Sec. 99. (S. 1333-c) In assessing for taxation the moneys and credits of every insurance corporation, company or association organized under the laws of this state, except county mutuals and fraternal beneficiary associations, which county mutuals and fraternal beneficiary associations are not organized for pecuniary profit, the assessor shall ascertain the debts or liabilities, if any, of such corporation, company or association, to its shareholders or other persons, which debts and liabilities shall be deducted as provided in section thirty-nine (39) of this act, but in ascer- taining the indebtedness or liability of such corporation, company or association, a debt shall be deemed to exist on account of its liability on the policies, certificates or other contracts of insurance issued by it equal to the amount of the surplus or other funds accumulated by any such corporation or association, pursuant to the law, its contracts of insurance or its articles of incorporation for the purpose of fulfilling its policies, certificates or other contracts of insurance, and which can be used for no other purpose. Sec. 100. (S. 1333-d) Every insurance corporation or association of whatever kind or character, organized under the laws of the state ol Iowa, not including county mutuals or fraternal beneficiary associations, which county mutuals and fraternal beneficiary associations are not or- ganized for pecuniary profit, shall, on or before the first day of March of each year, pay to the treasurer of state a sum equivalent to one per centum of the gross receipts from premiums, assessments, fees and promissory obligations required by insurance contracts which are received during the next year preceding the first day of January last past, after deducting the amounts actually paid for losses, matured endowments, dividends to policyholders and the increase in the amount of the reserve as certified by the department actuary in his official statement to the auditor of state on the thirty-first day of December previous, based on the actuaries' table of mortality and four per cent, and the amounts returned to members upon concelled policies, certificates and rejected applications, during said year, and not until such payment shall the auditor of state Issue the annual certificate, as provided by law. Provided that fire insurance com- panies organized under the provisions of chapter four (4) of title nine TAX COMMISSION REPORT 119 (IX) of the code shall only be required to pay to the treasurer of state a sum equivalent to one per centum upon the gross receipts from prem- iums, assessments, fees and promissory obligations for business done within this state, including all insurance upon property situated in the state, after deducting the amount actually paid for losses on property located within the state and the amount returned upon cancelled policies and rejected applications covering property situated within this state. Sec. 101. (1337) All real estate owned by corporations, returned in their statements as part of their assets for purposes of taxation, shall be valued therein for such assessment as other real estate, except as otherwise provided, and shall not be otherwise assessed. Sec. 102. (1350) Property shall be taxed each year. Personal prop- erty shall be listed and assessed each year in the name of the owner thereof on the first day of January. Real estate shall be listed and valued in the year 1914, and each even numbered year thereafter, and in each year In which real estate Is not regularly assessed the assessor shall list and assess any real property not included in the previous assessment, and also any buildings erected since the previous assessment, with a minute of the tract or lot of land whereon the same are situated, and the county assessor shall thereupon enter the taxable value of such buildings on the tax list as a part of the real estate to be taxed, but if such buildings are owned by another than the owner of the real estate, they ghall be listed and assessed to the owner as personal property. Sec. 103. (S. 1305) All property subject to taxation, except as other- wise provided, shall be valued at its actual value, which shall be entered opposite each item, and the assessment shall be made on such valuation. In the assessment of real estate upon which there are buildings or other structural improvements, the valuation shall be stated in two items; one representing the ground and the other the improvements. Actual value of property as used in this act shall mean its value in the market in the ordinary course of trade. Sec. 104. (1313) Except as otherwise provided, all real estate 'shall be listed and assessed where situated, and personal property shall be listed and assessed where the owner resides, except that If personal property not consisting of moneys and credits, corporation or other shares of stock or bonds has been kept in another assessment district during the greater part of the year preceding the first day of January, or of the portion of that period during which it was owned by the person subject to taxation therefor, it shall be taxed where it has been so kept. Sec. 105. (1312) Every Inhabitant of this state, of full age and sound mind, shall list for the assessor all property subject to taxation In the state, of which he is the owner or has the control or management, in the manner herein directed: The property of one under disability, by the person having charge thereof; that of a married woman, by herself or husband that of a beneficiary for whom the property is held in trust, by the trustee, and the personal property of a decedent by the executor or administrator, or if there Is none, by any person interested therein; 120 TAX COMMISSION REPORT that of a body corporate, company, society or partnership, by its prin- cipal accountaEt, officer, agent or partner, as the assessor may demand. Property under mortgage or lease is to be listed by and taxed to the mortgagor or lessor, unless listed by the mortgagee or lessee. In listing moneys and credits as herein provided, any administrator, executor, trustee or agent shall be entitled to deductions, as prescribed in section thirty-nine (39) of this act, of debts owing by the legatee, devisee, bene- ficiary or principal to the same extent as such fund might be reduced if it were held by such legatee, devisee, beneficiary or principal who may be entitled to the income on such trust or fiduciary fund. Sec. 106. (1314) Commission merchants, and all persons trading and dealing on commission, and assignees authorized to sell, and persons having in their possession property belonging to another subject to taxa- tion in the assessment district where said property is found, when the owner of the goods does not reside in the county, are, for the purpose of taxation, to be deemed the owners of the property in their possession. Sec. 107. (1316) Any person required to list property belonging to another shall list it in the same county in which he would be required to list it. if it were his own, except as herein otherwise directed; but he shall list it separately from his own, giving the assessor the name of the person or estate to which it belongs. Sec. 108. (1317) When a person, firm or corporation is doing busi- ness in more than one assessment district, the property and credits exist- ing in any one of such districts, or arising from business done in such district, shall be listed and taxed in that district, and the credits not existing in or pertaining especially to the business in any district shall be listed and taxed in that district where the principal place of business may be. The personalty, moneys and credits connected with or growing out of all business transacted directly or indirectly by or through the servants, employes or agents of any person, firm or corporation engaged in the banking business, having an office or agency in more than one assessment district for the transaction of business, shall be taxable as provided in this act for the taxing of private banks and bankers, in the assessment district where said branch business is done. An assessment made in such district shall be considered and proper deduction made in determining the taxable property of such person or firm, or shares of stock of such corporation, at its principal place of business. The stipula- tion for the payment of obligations growing out of the business of such agency, in another district than the place where such agency is located, shall not determine where the property or credits of such parties shall be taxed. Any individual of a partnership is liable for the taxes due from the firm. Sec. 109. (1320) Any person acting as the agent of another, and having in his possession or under his control or management, any money, notes and credits, or personal property belonging to such other person, with a view to investing or loaning or in any other manner using or holding the same for pecuniary profit, for himself or the owner, shall be TAX COMMISSION REPORT 121 required to list the same at the real value, and such agent shall be per- sonally liable for the tax on the same; and If he refuse to render the list or to swear to the same, the amount of such money, property, notes or credits may be listed and valued according to the best knowledge and judgment of the assessor. Sec. 110. (1308) All lands in this state which are owned or held by any other county or counties claiming title under locations with swamp land indemnity scrip, or otherwise, shall be taxed the same as other real' estate within the limits of the county where situated. Sec. 111. (1353) When the name of the owner of any real estate Is unknown, it shall be assessed without connecting therewith any name, but inscribing opposite the description of the tract the words "owner unknown," and such property, whether lands or town lots, shall be listed as nearly as practicable in the order of the numbers thereof. No one description shall comprise more than one town lot, or more than the sixteenth part of a section or other smallest subdivision of the land according to the government surveys, except in cases where the boun- daries are so 'irregular that it cannot be described in the usual manner in accordance therewith. The real estate of persons deceased may be listed as belonging to his estate or his heirs without enumerating them. Sec. 112. (1364) The county assessor shall furnish each local asses- sor a plat book, or other data, in which shall be platted, or described, the lands and lots in his assessment district, showing on each subdivision or part thereof, written in ink or pencil, the name of the owner, the number of acres, or the boundary lines and distances in each, and show- ing as to each tract the number of acres after deducting railroad right of ways, roads, cemeteries, school property, or any property otherwise assessed or exempt. Sec. 113. (1352) Each local assessor shall enter upon the discharge of the duties of his office immediately after the second Monday in Janu- ary in each year, and shall, with the assistance of each person assessed, or who may be required by law to list property belonging to another, enter upon the assessment rolls furnished him for that purpose the several items of property required to be entered for assessment. He shall per- sonally affix values to all property assessed by him. Sec 114. (1354) The local assessor shall list every person in his as- sessment district, and assess all the property, personal and real, therein, except such as is heretofore exempted or otherwise assessed, and any person who shall refuse to assist in making out a list of his property, or of any property which he is by law required to assist in listing, or who shall refuse to make the oaths or affirmations required by section one hundred and fifteen (115) of this act, shall be guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum not to ex- ceed five hundred dollars. Sec. 115. (S. 1360) The county assessor shall procure and furnish to each local assessor a supply of blank assessment rolls as furnished by 122 TAX COMMISSION REPORT the tax commission, on which to enter, separately, the names of all per- sons, partnerships, corporations or associations assessed, which rolls shall be made in duplicate, except that the oath form, in the original, may be omitted and the following inserted in lieu thereof: "If you are not satisfied that the foregoing assessment is correct, you may apply in writing to the county assessor not later than the first Monday in April next, for a review of such assessment." The oath in the original shall be in the following form: .} STATE OF IOWA, COUNTY. I, , do solemnly swear, or affirm, that I am the person assessed above; that I have read the foregoing as- sessment roll of property listed or assessed to me; and that the same is a full, true and correct list of my taxable property, both real and personal property, subject to taxation within this district, and all property which should be listed on this assessment roll to me or by me. Subscribed and sworn to (or affirmed) this day of , A. D.. before me. ASSESSOR. Sec. 116. (1355) The local assessor shall administer the oath or affir- mation printed on the assessment roll to each person assessed, and re- quire the person taking such oath to subscribe the same; and in case anyone refuses so to do, he shall note the fact in the column of remarks opposite each person's name. Sec. 117. (1358) Any person making any verified statement or return, or taking any oath required by this act, who knowingly makes a false statement therein, shall be guilty of perjury. Sec. 118. (1357) If any corporation or person refuse to furnish the verified statements in this act required, or to list his property or to take or subscribe the oath in this act required, the tax commission, or asses- sor, as the case may be, shall proceed to list and assess such property according to the best information obtainable, and shall add to the taxable valuation one hundred per cent thereof, which valuation and penalty shall be separately shown, and shall constitute the assessment, and if the valuation of such property shall be changed by any officer or board of review or on appeal therefrom, a like penalty shall be added to the valuation thus fixed. Sec. 119 (1365) The assessment shall be completed by the first day of April, and the local assessor shall attach to the assessment rolls his oath in the following form: I, (A B .) local assessor of township (town or city), county of and state of Iowa, do solemnly swear (or affirm) ^hat the actual values of all property, money and credits, of TAX COMMISSION REPORT 123 which a statement has beea made and verified by the oath of the person required to list the same, is herein truly set forth in such statement; that in every case where I have been required to ascertain the amount or value of any property, I have diligently, and by the best means in my power, endeavored to ascertain the true amount and value, and as I verily believe the actual values thereof are set forth in the annexed return. In no case have I knowingly omitted to demand of any person of whom I was required to do so, a statement of the items of his property which he was required by law to list, nor to administer the oath to him unless he refused to take it, nor in any way connived at any violation or evasion of any of the requirements of the law In relation to the assessment of prop- erty for taxation. Subscribed and sworn (or affirmed) to this day of , A. D before me. Sec. 120. (33rd G. A., CH. 87) The local assessor shall, on or before the first Monday in April, return to the county assessor all assessment rolls, together with all plat books, blanks, instructions and other papers which have been furnished to him in connection with the assessment. Sec. 121. The county assessor shall review the assessments made by the local assessors in the several assessing districts of his county, as shown by the assessment rolls returned to him, and shall equalize the same in such manner that all items, classes and kinds of property shall be listed and assessed at their true and actual amounts and values. For the purpose of equalizing the valuation of the property as herein pro- vided, the couity assessor is authorized and required to raise or lower the assessment of any item, class or kind of property by him found to be incorrectly valued or assessed. He may also make such clerical or other corrections in the assessment rolls as may be found necessary to a just and equitable equalization of all property assessed. Sec. 122. In case the value of any specific property or the entire as- sessment of any person, corporation, partnership or association is raised, or new property is added by the county assessor, he shall give immediate notice thereof by mail to each owner at the postoffice address shown on the assesment rolls, or otherwise ascertained, which notice shall state the owner's name, the description of the property, the increase in the amount of the assessment, including the valuation of omitted property, if any, and shall inform such owner of his right to appear before him and show cause why his assessment should not be so made or increased, fixing the date and place for such hearing not sooner than ten days from the date of such notice; he shall also enter upon a record kept for that pur- pose a statement that such notice has been given and the date thereof, which entry shall be conclusive evidence of the giving of the notice re- quired. Sec. 123. Any owner who is dissatisfied with the assessment of his property or any part thereof, as made by the local assessor or as the sariie has been assessed or changed by the county assessor, may make complaint 124 TAX COMMISSION REPORT and apply to him in writing for a review of such assessment. Any of- ficer of the county or of any city, town, township or school district therein, or any interested taxpayer, may likewise make complaint in respect to the assessment of any property in such city, town, township or school district. If such application concerns the assessment made by a local assessor, it shall be presented to the county assessor on or before April first, and if made concerning the acts of the county assessor, it shall be presented within ten days after the county assessor has given notice of his action in the matter. Sec. 124. The county assessor shall, prior to the third Monday in May, hear and determine the complaint of any owner, his agent or attorney, concerning the assessment or valuation of any property of such owner, within his county, by a local assessor, or as changed or added by the. county assessor, and after due consideration of such complaint to make any change in such assessment or valuation that in his judgment the owner is entitled to. If the county assessor declines to make the change demanded by the owner, or any part thereof, he shall give to such owner, upon request, a written statement, describing the complaint made, the relief granted and the part thereof refused. He shall in like manner hear and determine the complaint of any officer of a county, city, town, town- ship or school district interested, or a taxpayer thereof, in respect to the assessment of any property in the township, city, town or school district. For the convenience of the public, the county assessor may, and shall when the other duties of his office will permit, grant hearings on com- plaints at suitable places other than the county seat, giving reasonable notice by publication or otherwise of the time and place of such hearing. Sec. 125. Any person or officer having made complaint to the county assessor in respect to the assessment of his property or the assessment of the property of others in any township, city or town within the county, and who is dissatisfied with the action of the county assessor in respect thereto, may appeal to the county board of review for a review of the action of the county assessor. The application for review shall be filed with the county auditor on or before the first Monday in June and shall be written upon or attached to the statement made by the county asses- sor as provided in section one hundred and twenty-four (124) of this act. Sec. 126. The county auditor shall file all applications for review pre- sented to him, and when the board of supervisors meets as a county board of review he shall deliver all such applications to the chairman of such board. Sec. 127. (33rd G. A., Ch. 87) When the assessment rolls have been corrected by the county assessor as in this act provided, he shall make up books from the assessment rolls of each assessment district, to be known as assessment books, in which shall be entered in some uniform regular order the names of the persons assessed and the amount of their assessment. He shall foot up each column of numbers and values on each page and enter such footings in recapitulation sheets for each assess- TAX COMMISSION REPORT 125 ment district. He shall make a duplicate of such books for each town- ship having two or more road districts and deliver such duplicate to the •clerk of such township. Sec. 128. (1375) The board of supervisors shall constitute a county board of review, and shall, at its regular June meeting, hear and determine all •complaints filed with the county auditor wherein interested persons or officers claim to be aggrieved by the action of the county assessor in respect to the assessment of any property in any assessment district as shown by the complaints filed, and shall order such changes with respect thereto in the assessment books as may be found necessary. It shall also adjust the assessments of the several townships, cities and towns of its county, and add to or deduct from the assessed value of the property substantially as the tax commission adjusts assessments of the several counties of the state. Sec. 129. The county assessor shall meet with the board of supervisors while sitting as a county board of review; and shall submit to said board of review the completed assessor's books, together with the assessment rolls returned by the local assessors. He shall also lay before such board of review the tabulated lists of sales of real estate as prepared by him, together with such other information he may possess, which will aid the board of review in performing its duties in equalizing and adjusting the assessments of the several townships, towns and cities, and determining the rights of individuals where appeals have been taken to said board of review. The county assessor shall make such changes in the assessor's books as may be ordered by said board of review. Sec. 130. When the county assessor has completed the assessment books and has made the changes ordered by the board of supervisors, he shall certify to the council of each city and town, and the trustees of each township, within the county, the total assessed valuation of the respective •city, town or township as shown in said assessment books. Sec. 131. (S. 1373) An appeal may be taken from the action of the county board of review to the district court of the county by the aggrieved party, upon decision rendered by said board, with reference to matters brought before it from the county assessor; such appeal shall be taken within twenty days after the final adjournment of the meeting of the board at which the action complained of was taken, and shall be taken by a, written notice to that effect to the chairman of the board of super- visors, and specifying the particular action or decision appealed from; such notice shall be signed by the party appealing or his attorney and served as an original notice. The court shall hear the appeal in equity and determine anew all questions arising before the board in matters covered by the appeal, and may increase, decrease or affirm the amount of the assessment appealed from. The decision of the court shall be certi- fied by its clerk to the county assessor, who shall correct the assessment books in his office accordingly, or if the tax list at the time of receiving such certificate has been delivered to the county treasurer, the county as- sessor shall make the corrections on such tax list and certify the amount 126 TAX COMMISSION REPORT thereof te the county auditor who shall charge or credit the county treas- urer, as the case may be, therefor, and report the same to the board of supervisors. In like manner appeals may be taken and disposed of fromi any action of the county board of review acting on its own initiative or otherwise in equalizing and adjusting the assessments of the several town- ships, cities and towns of their county. Any officer of a county, city, town, township or school district interested, or any taxpayer thereof, may take such appeal in the manner and within the time herein provided. Sec. 132. (1377) Each county assessor shall, on or before the first day of July, make and transriiit to the tax commission, and to the auditor of state a duplicate thereof, an abstract of the real and personal property in his county in which he shall set forth: (a) The number of acres of land and the true cash value of the same, exclusive of town lots, returned by the local assessors as corrected by the county board of review. (b) The true cash value of real estate, stating the value of the ground and the structural improvements thereon separately, in such township, town and city in the county returned by the assessors as corrected by the county board of review. (c) The number of each kind or class of personal property (except moneys and credits) with the actual value of each kind or class assessed as corrected by the county board of review, and such other facts as may be required by the tax commission. (d) The actual value of all moneys and credits returned by the local' assessors as corrected by the county board of review. Sec. 133. (S. 1378) (1379) The tax commission shall constitute the state board of review and on the second Monday of July in each year proceed to adjust the valuation of the property of the several counties, adding to or deducting from the valuation of each kind or class of prop- erty such percentage in each case as will bring the same to its true value as fixed in this act, and make all valuations relatively equal throughout the state. Sec. 134. (S. 1380-c) In the year 1914, and each subsequent year, the tax commission shall fix the rate per centum to be levied upon the valuation of the taxable property of the state, necessary to raise such amount for general state purposes, as shall be designated by the general assembly, either by statute or joint resolution. Sec. 135. (S. 1380-d) The tax commission shall certify the rate so fixed to the county auditor of each county. It shall also certify the rate to be levied for any millage or special tax levy which Is uniform through- out the state. Sec. 136. (1381) Whenever any municipal corporation, board or tribu- nal is charged with the duty of levying a tax to pay any bonds or interest thereon, and fails to make such levy, the holder thereof may after obtain- ing final judgment thereon, in addition to any other remedies he may have, file a transcript thereof with the auditor of state, taking his receipt TAX COMMISSION REPORT ;37 therefor, and the same shall be registered in his office, and the auditor of state shall transmit to the tax commission a certificate of the amount of such judgment and the tax commission shall levy upon the taxable prop- erty of the county, city, town or school district for which such bonds were issued, a sufficient rate of taxation to realize the amount of Interest, or principal and Interest, due or to become due on the bonds so filed, prior to the next levy, and the money arising from such levy shall be known as the bond fund and collected as a part of the state tax, paid into the state treasury and placed to the credit of such county, city, town or school dis- trict for the payment of said bonds and interest, and shall be paid out as the interest installments or the principal may mature, by warrants drawn by the auditor of state in favor of the holder of such bonds, as shown by the register in his office, until the same shall be paid, and when paid the bonds and coupons shall be cancelled and returned to the treasurer of the county, city, town or school district issuing the same, who shall receipt therefor. Sec. 137. (S. 1382) The tax commission shall keep a record of its proceedings, and finish its review and adjustment on or before the first Monday of August, and shall thereupon transmit to each county assessor a statement of the percentage to be added to or deducted from the valua- tion of each kind or class of property in his county. The county assessor shall thereupon add to or deduct from the valuation of each kind or class of property in his county the required percentage, rejecting all fractions of fifty cents or less in the result, and counting all over fifty cents as one dollar. Sec. 138. After the first Monday in August and before the first Monday in September, the county assessor shall certify to the board of supervisors the total equalised valuation of all property within each taxing district in the county. Sec. 139. (S. 1303) The board of supervisors of each county shall, an- nually, at its September session, levy the following taxes upon the assessed value of the taxable property in the county: 1. For state revenue, such rate of tax as shall be fixed by the tax com- mission as provided in this act. 2. For ordinary county revenue, not more than one and a half mills on a dollar in counties having a population of less than twenty thousand, and In counties having a population of twenty thousand or more, one mill, with a poll tax in either case of one dollar on each male resident over twenty-one years of age. But In any cquntyin which the levy Is limited to one mill, the board of supervisors may, at any general election, submit the question of increasing such levy to one and one-half mills or less, to a vote of the electors, and If such proposition is adopted, the board of super- visors may make the next general levy at the proposed rate. Provided, however, that in any county, where by reason of extraordinary or unusual litigation, the rates herein fixed for ordinary county revenue are found to be insufficient to pay the same, the board of supervisors may create an additional fund to be known as "court expense fund," and may 128 TAX COMMISSION REPORT levy for such fund such rate of taxes as shall be necessary to pay all court expenses chargeable to the county. Such fund shall be used for no other purpose, and the levy therefor shall be dispensed with when the authorized levy for the ordinary county revenue is sufficient to meet the necessary county expenditures including such court expenses. Provided, further, that the levy for the purpose of providing an additional fund shall not exceed three-fourths of a mill on a dollar. 3. For support of schools, not less than one-fourth nor more than three-fourths of a mill on the dollar. 4. For mak-ing and repairing bridges, not more than one and one-fourth mills on a dollar, but such tax shall not be levied upon any property as- sessable within the limits of any city of the first class, and none of such bridge tax shall be used in the construction or repair of bridges within the limits of such city. 5. For the grading and building of roads, not more than one-half mill on a dollar, to be known as the county road building fund, but such tax shall not be levied upon any property assessable within the limits of any city or incorporated town, and none of such road tax shall be used in the grading or building of any roads within the limits of such cities or in- corporated towns. 6. For such other general or special purposes as may be authorized by law. Sec. 140. (1306) Should ,the assessed valuation of the property of the state, or any county, township, city, town, district or other political or municipal corporation, for the year 1914 or subsequent years, ex- ceed the average assessed valuation for the years 1912 and 1913, the maximum rates of levy for the state, or for any county,- township, city, town, district or other political or municipal corporation, for each of the various purposes for which taxes are levied, shall, until otherwise provided by law, be so reduced that the amount of taxes raised for each of said purposes shall not exceed the amount which might have been raised on the average assessed valuation for the years 1912 and 1913 under the maximum rates of levy existing, and the percentage limita- tion of indebtedness of such corporation shall be so reduced that such indebtedness shall not exceed the amount which by law might have been incurred on the assessed valuation for the year 1913; the county auditor shall prepare an abstract of the average valuation for the years 1912 and 1913 for the entire county and for each township, city, town or district in the county for the use of the board of supervisors, city and town councils for the year 1914 and subsequent year«, and said board, city or town council shall, in making levies for county, city or town purposes, or other levies certified to them by the officers or boards of the several local districts, carefully examine and reduce any such levies or estimates of the required funds in such an amount as may be neces- sat-y to prevent a greater rate of levy than the maximum herein pro- vided for. Where boundaries shall be changed after the assessment in the year 1913, and before the assessment in the year 1914, the county TAX COMMISSION REPORT 130 auditor shall make up said valuation from the separate real estate em- braced in the assessment districts created by said change of boundaries, and from the personal property therein, so far as may be practicable. It shall be unlawful for any officers or boards charged with the duty of levying taxes or issuing bonds in any county, township, city, town, dis- trict or other political or municipal corporation, to levy a higher rate of taxes for any one year than the maximum rate provided for above, or to incur indebtedness in excess of the amount herein allowed. Sec. 141. (S. 1306-b) No county or other political or municipal cor- poration shall be allowed to become Indebted in any manner or for any purpose to an amount exceeding in the aggregate the amount of one and one-fourth per centum of the actual value of the taxable property within such county or corporation, except that cities and incorporated towns may, for the purpose of purchasing, erecting, extending or maintaining and operating waterworks, electric light and power plants, gas works and heating plants, or of building and constructing sewers, incur an In- debtedness not exceeding in the aggregate, added to all other indebted- ness, five per centum of the actual value of the taxable property within such city or incorporated town. The amount of such taxable property shall be ascertained by the last state and county tax list previous to the incurring of such indebtedness. Sec. 142. (S. 1306-c) Before such indebtedness can be contracted in excess of one and one-quarter per centum of the actual value of the taxable property ascertained as above provided in this act, a petition signed by a majority of the qualified electors of such city or town shall be filed with the council of such city or town, asking that an election shall be called, stating the purposes for which the money is to be used, and that the necessary waterworks, electric light and power plants, gas works, heating plants or sewers, cannot be purchased, erected, built or furnished within the limit of one and one-quarter per centum of the valuation. And provided that in cities having a population of more than ten thousand, the petition need not be signed by more than two hundred qualified electors. Sec. 143. (S. 1306-d) The council of such city or town, on the re- ceipt of such petition, shall, at the next regular meeting, call such elec- tion, fixing the time and place thereof, and give four weeks' notice thereof, by publication once each week, in some newspaper published in the said town or city, or if none be published there, then in the next nearest town or city in the county. At such election the ballots shall be prepared, and used in substantially the following form: For the issuance of bonds in the sum of ? for waterworks, electric light and power plants, gas works, heating plants, or sewer purposes. Against the issuance of bonds in the sum of ? for waterworks, electric light and power plants, gas works, heating plants, or sewer purposes. 130 TAX COMMISSION REPORT Sec. 144. (S. 1306-e) If a majority, in cities having more than ten thousand population, or, if, in cities and towns having a population of ten thousand or less, two-thirds or more, of all the electors voting at such election, vote in favor of the issuance of such bonds, the council of such city or town shall issue the same as provided by section seven hun- dred twenty-six (726) of the code and make provision for the payment of the bonds and interest thereon as provided by title five (V) of the code. This act shall be held to apply to any city or town whose qualified electors have heretofore authorized the issuance of such bonds by such election. Sec. 145. (S. 1306-f) Nothing in this act contained shall be con- strued to repeal the provisions of chapter one hundred and eighty-four (184) of the acts of the thirty-third general assembly as the same Is amended by chapter one hundred and forty-five (145) of the acts of the thirty-fourth general assembly, nor shall anything in this act contained be construed as being applicable to bonds issued under section seven hundred and forty-five (745) of the supplement to the code 1907. Sec. 146. (1384) The board of supervisors shall not in any one year levy a tax of more than three-fourths of one mill on the dollar for the payment of any bonded indebtedness or judgments rendered therefor, ex- cept as provided in chapter one (1) of title four (IV) of the code, unless the vote authorizing the issuance of the bonds fixes a higher rate. Sec. 147. Upon the levy of taxes being made by the board of super- visors, the county auditor shall forthwith certify to the county assessor 'the several items of tax levied by said board and the rate thereof. He shall also promptly certify to the county assessor any and all special levies or assessments made by the board of supervisors, or by him, or certified to him by the ofllcers of any city, town or township in the county. He shall also certify all credits for road tax worked out as certified to him by the township clerks. Provided, however, that when, on account of any irregularity or omission, a special assessment is required to be relevled by the board and placed on the tax list by the county treasurer, the certifying of such relevy may be made by the county auditor direct to the county treasurer. Sec. 148. When the county auditor has certified such levies and credits, or either of them, to the county assessor, as provided in the preceding section, his duties with respect thereto will cease, and it will be the duty of the county assessor to place such levies upon the tax list and to show thereon all credits for road work as certified to him. Sec. 149. (S. 1383) All taxes, except road taxes, which are uniform throughout any township or school district, shall be formed into a single tax, and entered upon the tax list in a single column to be known as a consolidated tax, and each receipt shall show the percentage levied for each separate fund. Before the first day of January in each year, the county assessor shall transcribe the assessments of the several townships. TAX COMMISSION REPORT 181 towns or cities into a book, to be provided at the expense of the county for that purpose, to be known as the tax list, properly ruled and headed, with distinct columns in which shall be entered the names of taxpayers, descriptions of lands, number of acres and value, number of town lots and value, value of personal property, and each description of tax, with a column for polls and one for payjnents, and shall complete the same by carrying out the totals and footings of columns. At the end of the list for each township, town or city, he shall make an abstract thereof and apportion the consolidated tax among the respective funds to which it belongs, according to the number of mills levied for each. . Sec. 150. (1386) The county assessor, when .making up the tax list, and before it is placed in the hands of the county treasurer, shall procure from the county auditor's office the necessary data and designate each piece or parcel of real estate sold for taxes and not redeemed, by writing opposite the same the year in which it was sold in a column made for that purpose and headed, "Sold in." Sec. 151. (1387) The county assessor shall make a certificate on the tax list, showing what it is, for what county and year, and deliver it to the county treasurer on or before the thirty-first day of December, tak- ing his receipt therefor; and such list shall be a sufficient authority for the treasurer to collect the taxes therein levied. But no informality therein and no delay in delivering the same after the time above speci- fied shall effect the validity of any taxes, sales or other proceedings for the collection of such taxes. Sec. 152. (1388) At the time of delivering the list to the treasurer, the county assessor shall file with the county auditor, a report setting forth the amount of tax carried out on the tax list furnished to the county treasurer in each fund levied as provided by law; and the county auditor shall charge said amounts as shown thereon to the county treasurer in the proper records in his office. Sec. 153. (1388) At the time of delivering the list to the treasurer, the county assessor shall furnish to the auditor of state a certified state- ment, showing separately the aggregate full and actual valuations of all real and personal property in the county, and also the aggregate amount of each separate tax as shown by the tax list. Sec. 154. (S. 1347-a) Peddlers plying their vocation in this state outside of a city or incorporated town, shall pay an annual county tax of twenty-five dollars for each pack peddler or hawker on foot, fifty dollars for each one-horse conveyance, and seventy-five dollars for each two-horse conveyance. Such tax shall be paid to the county treasurer, who shall issue to the person making such payment duplicate receipts therefor, and upon presentation of one of same to the county auditor, he shall issue to the person presenting such receipt a license which shall not be transferable, authorizing such person to ply the vocation of a peddler in such county for the term of one year from the date thereof. The word "peddlers," under the provisions of this act, wherever found in the code, shall be held to include and apply to all transient merchants 133 TAX COMMISSION REPORT and itinerant vendors selling by sample or by taking orders, whether for immediate or future delivery. The provisions of this act shall not be construed to apply to persons selling at wholesale to merchants, nor to transient vendors of drugs, nor to persons running a huckster wagon, or selling and distributing fresh meats, fish, fruit or vegetables, nor to persons selling their own work or. production either by themselves or employes. Sec. 155. (S. 1348) Any person peddling outside the limits of a city or town without such license, or after the expiration thereof, shall be guilty of a misdemeanor; whether he be the owner of the goods sold or carried by him or not, and on conviction thereof, shall forfeit and pay into the county treasury, in addition to the penalty imposed therefor, double the amount of the tax for one year as fixed in the preceding section. The license shall be good only in the county in which issued, and shall not authorize peddling in cities and towns. Sec. 156. (1349) No person shall exhibit any traveling show or cir- cus, nor show any natural or artificial curiosity, or exhibition of horse- manship in a circus or otherwise, for any price, gain or reward, in any county outside the limits of a city or town, unless he shall have obtained a license therefore from the county auditor, upon the payment to the county treasurer of such sum as may be fixed by the board of supervisors, not to exceed one hundred dollars for each place in the county at which such show or circus may exhibit, and any person exhibiting any such show without first having obtained such license shall be guilty of a mis- demeanor, and shall forfeit and pay to the county treasurer double the amount fixed for such license, for the benefit of the school fund. Sec. 157. (S. 1400-c) That on any tract of land in the state of Iowa, the owner or owners may select a permanent forest reservation not less than two acres in continuous area, or a fruit tree reservation not less than one nor more than five acres in area, or both, and that upon com- pliance with the provisions of this act, such owner or owners shall be entitled to the benefits hereinafter set forth. Sec. 158. (S. 1400-d) A forest reservation shall contain not less than two hundred growing forest trees on each acre. If the area selected is an original forest containing the required number of growing forest trees, it shall be accepted as a forest reservation under the provisions of this act. If the area selected is an original forest containing less than two hundred forest trees to the acre, or if it is an artificial grove, the owner or owners thereof shall have planted, cultivated and otherwise properly cared for the number of forest trees necessary to bring the total number of growing trees to not less than two hundred on each acre, during a period of not less than two years, before it can be accepted as a forest reservation within the meaning of this act, provided that no ground upon which any farm buildings stand shall be recognized as part of any such reservation. TAX COMMISSION REPORT 133 Sec. 159. (S. 1400-e) Not more than. one-fifth of the total number of trees in any forest reservation may be removed in any one year, except- ing in cases where the trees die naturally. • Seo. 160. (S. 1400-f) The ash, black cherry, black walnut, butternut, catalpa, coffee tree, the elms, hackberry,, the hickories, honey locust, "Norway and Carolina poplars," mulberry, the oaks, sugar maple, Euro- pean larch and other coniferous trees, and all other forest trees intro- duced into the state for experimental purposes, shall be considered forest trees within the meaning of this act. In forest reservations which are artificial groves, the willows, box-elder, soft maple, cottonwood and other poplars shall be included among the forest trees for the purposes of this act when they are used as protecting borders not exceeding two rows in width around a forest reservation, or when they are used as nurse- trees for forest trees in such forest reservation, the number of such nurse-trees not to exceed one hundred on each acre; provided that only box-elder and soft maple shall be used as nurse-trees. Sec. 161. (S. 1400-g) The trees of a forest reservation shall be in groves not less than four rods wide. Sec. 162. (S. 1400-h) A fruit-tree reservation shall contain not less than seventy fruit trees on each acre, growing under proper care, and may be claimed as such for a period of eight years after planting. Sec. 163. (S. 1400-1) The cultivated varieties of apples, crabs, plums, cherries, peaches and pears shall be considered fruit trees within the meaning of this act. Sec. 164. (S. 1400-j) Whenever any tree or trees on a fruit-tree or forest reservation shall be removed or die, the owner or owners of such reservation shall, within one year, plant and care for other fruit or forest trees, in order that the number of such trees may not fall below that required by this act. Sec. 165. (S. 1400-k) Cattle, horses, mules, sheep, goats and hogs shall not be permitted upon a fruit tree or forest reservation. Sec. 166. (S. 1400-1) Forest reservations fulfilling the conditions of this act shall be assessed on a taxable valuation of sixteen dollars per acre. Fruit-tree reservations shall be assessed on a taxable valuation of four dollars per acre for a period of eight years from the time of planting. In all other cases where trees are planted upon any tract of land, without regard to area, for forest, fruit, shade or ornamental pur- poses, or for windbreaks, the assessor shall not increase the valuation of such property because of such improvements. Sec. 167. (S. 1400-m) If the owner or owners of a fruit or forest reservation violate any provision of this act within the two years pre- ceding the making of an assessment, the assessor shall not list any tract belonging to such owner or owners as a reservation within the meaning of this act for the ensuing two years. iU TAX COMMISSION EEPOBT Sec. 168. (S. liOO-n) It sh%ll be the duty of the assessor to secure the facts relative to fruit aad forest reservations by ta^kig Oie sworn statement or affirmation of the owner or owners making application under this act, and to make special report to the county assessor of all reserva- tions made In the county under the provisions of this act. Sec. Ifi9. (S. 1400-o) It shall be the duty of the county assessor lo evjery county to keep a record of all forest and fruit-tree reservations within Ws ^M>^nty; and to make report of the same to the secretary ot the state borticiiltural society on or before November fifteenth of each Sec. 170. d tfi... . . r ,..,(.... , , 134 INDEX 141 Assessor, county work of, in Kansas— Continued Page penalty for failure of, to do duty 12* suit against 1^* Assessors, local, function of 8, 16 creation of office of. In Iowa 10 property listed by 19-21, 22 number of 22 work of 23, 24 system of, in various states *8, 49 proposed supervision over 78, 88, 89, 91 power of county assessor over 92 duty of 92, 96, 119, 120 statutory definition of 93 duty of, in case of corporation stock 100 duty owed to, by Insurance companies 117, 118 duty of, with regard to Insurance companies , 118 plat books to be furnished to 121 work of listing and assessment by 121, 122, 123 oath administered by 122 oath siubscribed by 123 returns made by 123 complaints against work of 123, 124 rolls returned by 125, 126 reservations listed and reported by 133, 134 penalty for failure of, to do duty 131 Associations, tax on property of i 101 duty of 101 names of 122 Attorney, county, proposed duty of 88 authority of 114 Attorney General, proposed duty of 88 Auditor, county, reports and tax lists of 23, 24 letter sent to 33, 34 proposed transfer of duties of 77, 79, 93 proposed reduction of expense of office of 79 blanks and rolls to be sent to 88 filing of certificates with 92 map to be filed with 103, 104 duty of 104, 105, 107, 110, 114, 128, 129, 130, 131 certificate to be made to 105, 114, 126 plat to be filed with 106, 107 statement to be made to IIP filing of application for review with 124, 125 tax rate to be certified to 126 report filed with 131 licenses issued by 131, 132 Auditor, state, county reports to 23 report of, in 1885 27 duty of 117 return of abstract to be made to 126 dtity of, in case of unpaid municipal bonds 127 certified statement furnished to 131 Baltimore, taxation of moneys and credits in 67 Banks, taxation of stock of 9, 14, 78, 97 assessment of 20, 21 tax on property of 93, 95, 99 duty of 98, 99 Bankers, private, duties of 98 Beds and bedding 93, 95 Bees 94 Beets, mamufacture of sugar from 95 142 INDEX Page Beneficiary •• 119 Bills, listing of 19 Binder, state, duty of 135 Blanks, supply of, to be furnished 121, 123 Boarding houses, tax on beds in 93. 95 Boards of assessors, state 49, 54 Boards of revie'w, systems of 53-58 state and county, in efficiency of (see Review) 62 Boats, tax on 93 Bond fund, provision for 127 Bonds, tax exemption of certain 18 listing of 19, 20 tax on 70, 93 United States 95, 97 municipal '. 95, 126, 127 school J 95 drainage 95 issuance of 129, 130 Boone County, taxable and sale values of realty in 39, 41, 42 Bridges, railway 107, 110 'tax levy for 128 Brindley, John B., appointment of, as secretary of Tax Commission 5 acknowledgements to 8 Building and loan associations, mutual, tax on property of 101 California, revenue system of 6, 51, 67 separation of revenue sources in 70, 71 Capital, moneyed, tax on 97 Carroll 35 Carroll, B. P., members of Tax Commission appointed by 5 Carroll County, assessed value in 31 Cattle, tax on 93 Cemeteries 94, 121 Census Board 11 Cerro Gordo, taxable and sale values of realty in 39, 42, 43 Certificates, exemption of 18 tax on 95 Circus, licensing of 132 Cities, special charter 12, 134 duty of councils of 23 ratio of assessed to sale values in 35, 36 assessment of property in 39, 46 assessors in 49 assessment rolls of 88, 91 sale of lots in 92 property of 94 adjustment of assessments of 125 assessed valuation of property of 128 tax levy and bond issue of 129 peddling in 132 Claims ■ 91 Clear Lake 35 Clerk, county 11 report to 92 Coal dealers 20, 93, 97 Code, tax, chaotic condition of 76 proposed re-arrangement of 77 Code of 1851, provision of, as to equalization 11 explanation of term "value" in 13 reference to 14 Code of 1873, term "value" explained in 13 reference to 14 INDEX 148 } ^ Page Code of 1897, property assessment required by : ' 13 provision of, as to taxation of corporations 1'4 references to taxation sections of, in proposed bill 80, 81, 82 proposed repeal of sections of 83, 84, 135, 136 proposed repeal of sections of Supplement to 84, 85, 136, 137 Cohen, M. H 3,5 Collection, 'tax, method of 7, 17 administrative machinery of 10, 11, 12, 16 information as to 39 Colorado, revenue system of 6, 51, 53, 67 Commission, Tax (see Tax Commission) Commission merchants, tax on property in hands of 20, 120 Commissioners, county, board of 10, 12, 49 review by 55, 56 Company, statutory definition of 1-16 Complaints, hearing of, concerning assessments 89, 124, 125 Connecticut, local boards of review in 56 separation of revenue sources in 70 Consolidated tax 130 apportionment of....^ ,.,131 Constitution, state, need of amendment of, to obtain separation of revenue sources in Iowa. 7, 71, 72, 73 Contracts, property or labor due on 93 Converse, A • 18 Corn shellers, tax on 93 Corn shredders, tax on 93 Corporations, taxation of 13-16, 70, 93 listing of shares of 19, 20, 21 industrial, assessment of property of 46, 120 inequality of assessment of .60, 61 listing of stocks of, in Iowa 64 exemption of 95 tax on shares of stock of 96 tax on moneyed capital of 97 tax on merchandise of 97, 98 manufacturing, taxi on property of 98 tax on property of and duty of 99 taxation of and duties of 99, 100 right of 101 names of 122 Corporations, piublic service, assessment of proporety of 9, 17, 21, 22, 25, 39, 46 taxation of 15, 16, 70, 72, 73 value of property of 62 Cosson, Attorney General, tax question answered by 72 Councils, town and city, adjustments of assessments by 23 reduction of levies by 128 election petitions filed with 129 notice of special election given by 129 issuance of bonds by 130 Counties, fiscal administration by, in Iowa 10, 11, 12, 16 administrative machinery of, in taxation 12 assessment of, by state 23 need of uniforhiity of assessment in 24 study of assessment by 29, 30, 31 actual and assessed value of farm lands in 31 abstract of land valuations and transfers in 32, 33 ratios of assessed to actual and sale values In 34 land values in certain, in 1911 34, 35 increase of assessments in 36-38 114 INDEX Counties, fiscal administrrtion by, in Iowa— Continued Page • taxable and sSile values of tracts of land in 39-46, 60 assessment rolls of 91 list of sales of realty in 92 property of 94 revenue of 127 assessed valuation of property of 128 tax levy and bond issue of 129 County assessor (See Assessor, county). County assessor bill 6 Court, county, review by 55 Court expense fund, provision for 127 Courts, allowance of 91 Crawford county, assessed value in 31 Credits, doubt as to nature of 14 listing of 18, 19; 20, 21, 120, 121 taxation of 63-67, 78, 79, 93, 96, 98 listing of, in Iowa and Minnesota 64, 65, 66 definition of 96 Insurance 118 actual value of 126 Crematoriums 94 Davenport, Iowa 5, 6 Debts, deduction of 14, 18, 21, 91, 96, 99, 118 definition of 96, 97 Decatur cojunty, assessed value In 31 Deductions, allowance of, for debts 14, 18, 21, 96, 120 Delaware, review of assessment In 55 Depositions, provision for 89 Deposits 99 Deputies, provision for, in office of county assessor 91 Des Moines, meetings of Tax Commission at 5 Dining cars 108, 109 Disability 119 District, taxing, assessed valuation of property of 128 'tax levy and bond issue of 129 District court, appeal from assessment to 125 Doon 35 Drainage bonds, exemption of 18, 94 Draymen 95 Drugs, vendors of 132 Election, general, county assessors to be chosen at 90 Elections, municipal, to vote bonds 129, 130 Electric light plants, assessment of 20, 101 erection of, by city.... 129 Elevators, grain 107, 110 Emmetsburg 35 Engines, traction, taxi on 93 equalization, machinery of, in Iowa 7, 8, 10-12, 16, 17, 21, 23, 24 history of problem of 9 basis of 31, 32-34 work of, by Executive Council 37 criticism of system of 38, 39 systems of, in various states ,. 47, 53-58 state boards of 53, 54, 58 county boards of 55, 56, 58 local or township board of 56, 67,. 58 proposed change in machinery of, in Iowa 60, 123, 124, 125 ex officio character of present system of, in Iowa 62 need of county and state supervision of 69, 70 documents pertaining to 88, 92 proposed supervision over 88, 90 INDEX 145 Page Equipment companies, assessment of 21, 22, 116 exemption of shares of 95 statutory definition of 115 duties of 115 Estates, exemption of 18, 95 Executive Council, power of, as board of review 11, 23, 24 assessment of property by 21, 22 blanlcs sent out by 31 letter sent out by secretary of 33, 34 table submitted to 35 Increase of county assessments by, in 1911 36, 37, 38, 61 criticism of equalization by 38, 39, 54, 67 assessment of public service corporations by 62 proposed abolition of tax powers of 77, 87 railroad reports to 106 Executors, taxation of property in hands of 91 duty of 119, 120 Exemptions, tax, in Iowa 17, 18, 19 recommendation as to law concerning 19 property subject to 94-96 Expenditures, public, need of more rigid economy in 7 increase of 25 Express companies, assessment and taxation of. .15, 16, 21, 22, 63, 72, 112-114 exemption of shares of 95 statutory definition of 110, 111 duties of Ill Farm animals, exiemption of 18 Farm lands, sale value of, by counties 29-31 actual and assessed value of, by counties 31 abstract of valuations and transfers of, by counties 32, 33 low assessment of 35, 36, 37 Farm produce, exemption of 18 Farmers 95 Farming utensils, exemption of 18, 95 Fiduciaries 91 Fire companies, property of 94 Fire engines 94 Fire insurance companies, deduction allowed to 117, 118 Firms, tax on merchandise of 97, 98, 120 Fish, sale of 132 Florida 74 Food 95 Forest reservation, nature of 132 assessment of 133 record of 134 Forestry Commissioner, state, duty of 134 Franchises, tax on 70, 94 Freight line companies, assessment and taxation of 21, 22, 24, 116 exemption of shares of 95 statutory definition of 114 duties of 115 Fraternal beneficiary associations, exemption of 95, 117, 118 Fruit, sale of : ' 132 Fruit tree reservation, nature of 132, 133 assessment of I33 record of I34 Funds, public, expenditure of gg Furniture, household, tax on 93 95 Gas works, assessment of 20 101 construction of, by city I29 10 146 INDEX Page General Assembly, Thirty-fourth, provision of, for special tax commission 5 General Assembly, tax commission reports to be sent to members of. ... 90 Georgia, assessment system of 53, 74 review of assessment in 55 Goats, tax on 93, 94 Gold coin, tax on - 93 Government, state and local, taxation for 17 amount of revenue for 25 Governor, Special Tax^ Commission appointed by 5 proposed appointment of tax commission by 85, 86 duty of proposed tax commission 90 Grain dealers 20, 93, 97 Gross earnings, tax on 70, 72, 108 Guardians 91 Hancock county, taxable and sale values of realty in 39, 43, 44 Hay, tax on 93 Hay presses, tax on 93 Hawkers, tax on 131 Heating plants, city 129 Hereditaments, tax on 93 Highway 94 Homestead exemption bills 18 Horses, tax on 93 Horticultural society, state, report to 134 duty of secretary of 134 Hospers '. 35 Hotels, taxi on beds In 93,95 Huckster wagon 132 Ice dealers 20, 97 Idaho, valuation in 19 assessment in 48, S3 Illinois, valuation in 19 abolition of local board in 57 assessment in 48, 49, 53, 67 Income tax, advisability of providing for, in Iowa 73 Indebtedness, municipal 128, 129 maximum amount of 129 Indiana, assessment in 48 reference to 74 Inheritance tax 24 collateral, redraft of, in Iowa 73 direct, advisability of providing for 74 collateral, report of property subject to 92 Institutions, certain, exemption of property of 18, 94 Instructions, local assessor furnished with 123 Insurance, property not covered by 96 Insurance companies, taxation of 9, 24, 117, 118 need of better plan of taxation of 74 duty of 116, 117, 118 fire, deduction allowed to 117 Insurance company, mutual 97 Iowa, territory of. taxation in 9 Iowa, revenue laws of 5 views of taxpayers in 6 demand for county supervision of assessment In 12 revenue history of 9-16 defects of revenue system of 17-25 valuation in 19 increase of population and wealth in 28 study of assessment of lands in 29-46 basis of property valuation in 47 INDEX J*" Iowa, revenne laws of— Continuea Page township assessor system In ^ *8, 49, 50 need of reform in 50, 5& state review of local assessment 54 local review in 56, 57, 58 taxation of moneys and credits in 63-67 failure of flat mill rate in 6'* property of state of < 9* Jewelry, tax on 9* Judge, county 10> 1^ abolition of office H Judgments -• . -91» 93 Kansas, revenue system of 5, 48, 49, 51, 5-2, 67 Tax commission of ^^ ©inctlons of Tax Commission in • • 55 local board of review in 5ft success of county and state supervision of assessment in ^.. 69 Labor, tax on ^... . 93 Land, amount of, exempt from taxiation 18 liands, farm, assessed and sale value of, by counties 29-31 actual and assessed value of, by counties 31 abstract of valuations and transfers of, by counties 32, 33^ low assessment of 34, 35, 36, 37 increase of assessed value of, in 1911 36, 37, 38, 61 assessment of 39 taxable and sale values of 39-46, 60, 61 share of taxation borne by 62 list of sales of 92 tax on ,. 93 government, exempt from taxation ^ 94 assessment of, "owner unknown" 121 Laws, revenue, code of, in Iowa 76- proposed recodification of „ 77 repeal of 134 Leases, tax on, 97, 120 Legacies ^^ 9t Legislation, proposed, on taxation T5-I37 Le Mars ■ 35 Lessor 120 Levy, tax, administrative machinery of 10, 12, 16 certificate of 92 provision for 127, 128 Libraries, private, tax on 93, 94 kinds of to be exemp't from taxation 94' License, peddlers 131 penalty for lack of 13,2, circus 13a Licenses, receipts from g9 Liens, provision for, on incorporation stock 100, loi Listing, basis of, in various states 47-49, 52 Loan and trust companies, taxation of stock of 14, 20, 21 proposed 'taxation of stock of 78, 97, 99 L&gan 35 Lots, town, assessed value of .35,, 36, 39, 121 inequality of assessment of gO^ 61 list of sale of , 9j Louisiana, county board of review in 55 Lumber, tax on 93 Lyon county, assessed value In _ 3I MoConlogue, J. H 3^ 5 148 INDEX Page Machinery, taxation of 20 manufacturing, tax on 98 Maine, board of assessors in 5i Manning 35 Manufacturer, statutory definition of 98 Manufacturing companies, exemption of stock of 19, 20, 21, 95 tax on property of 98 Married women 119 Maryland, assessment in 48 moneys and credits listed in 64, 67 Meat, fresh, sale of 132 Mercantile corporations, exemptions of 95 Merchandise, tax on 93, 97, 98 Merchant, statutory definition of 97 Merchants, commission, tax on property In hands of 20, 120 Mexican War 96 Michigan 12 local board of review In 56 Militia company, property of 94 Millage tax, levy, of 96 Minneapolis 66 Minnesota, revenue system of 6 tax commission of 30, 35 assessment In 48, 50, 67 county assessor system discussed by Tax Commission of 52, 53 local board of review^ in 56 moneys and credits listed in 64 three mill tax on moneys and credits in 64-66 good work of Tax Commission of 66 separation of revenue sources in 70 Misdemeanor 121, 132 Mississippi 74 Mississippi Elver 48, 50, 67, 107, 110 Missouri, assessment system of 53 county board of review^ 55 Missouri River 107, 110 Missouri Valley 35 Moneys, listing of 18, 19, 20, 21 taxation of 63-67, 78, 79, 93, 96, 98, 120, 121 listing of, in Iowa and Minnesota 64, 65, 66 Insurance 118 actual value of 126 Monona county 34 Mortgages, tax! on 91, 93, 103, 120 Mortgagor 120 Motor vehicles 95 Mules, tax on 93 Municipal bonds, exemption of 18 Issue of 95 failure of corporation to meet 126, 127 Municipal corporation, levy of tax by 126 assessed valuation of property of 128 tax levy and bond Issue of 129 Municipality, taxation of railroad by 15, 16 Musical instruments, tax on 93 Nebraska, valuation In 19 assessment in 48, 53 abolition of local board in 57 Net earnings, tax on 70, 108, 109 Nevada 74 INDEX 149 Page New England, assessment In 48 method of review in.... 55, 56 New Hampshire, tax commission in 49 local hoards of 56 New Jersey, county board of review in 55, 57 separation of revenue sources in 70 New Mexico, assessment system of 53 New York, boards of review in 11 reference to 12 valuation in 47 separation of revenue sources in 70 North Carolina, assessment in 48, 49, 60, 67 North Dakota, assessment In 48, 50, 67 local board of review in 57 Notes, listing of 19 United States, tax on 93 bank, tax on 93 tax on 120 Oath, administration of, by assessors 122 refusal to take or subscribe 122 of local assessor 122, 123 Oelwein 35 Officers, public and corporation, provision for procedure against 88 duty of 89 Ohio, revenue system of, in Iowa 9 reference to 12 tax commission in 49 assessment In 50 Ohio River 48, 50, 67 Oklahoma, abolition of local board in 57 Oregon, assessment system of 51, 67 Partnerships 20 tax on property of 120 names of 122 Peddlers, statutory definition of 131, 132 tax on 131 Pennsylvania, assessment in 49, 67 separation of revenue sources in 70 Pensions ^ 95 Perjury 122 Personal property, listing of 19, 21, 22 tax list of, by counties 23 tax on 97, gg, 120, 121 assessment and listing of ', 119 abstract of 126 Ptersons, names of 122 Pictures, family 95 Plat books, supply of, to be furnished 121 return of I23 local assessor furnished with 123 Plate, gold and silver, tax on 93 Plymouth County, assessed value in . . . -. : 31 Polk county assessed value in.. 3I 34 Polls, exemption of , "is' 95 Printer, state, duty of .'_ _ / '_\ _ _ _ _'l35 Procedure, system of, in regard to taxation in Iowa. ............. W^... 76 Produce, farm . . . .' ^ _ ' " g^ Profits, bank, tax on !.!!!! 99 Population, growth of, and increase of assessed valuation 26, 27' 28 Potomac Elver 48_ go, g^ Page P*ttltry 94 f roperty, rigid assessment of 1 personal, taxation of 7 ad valorem principle of listing 9 real and personal, assessment of 13 tiersonal, of banRs, taxation of ti, 16 classes of, exempt from taxation 17, 18, 19 general, administrative machinery of assessment and review for 17, 22, 23, 24 actual and assessed valnatlon of 28 taxafile, actual' and assessed valvle of, 1850-1944 2% 59, 61 toy counties 29-30, 31 .undervalnation of 29-46 inequalities between Individual holders of 39 basis of valuation of. In various states 47-49 general, faffure of tax on. In Iowa 70 general, actual Valuation of 78 Infomiatlon aa to assessment of 89 sttpervtsion- over valuation of 89 kinds of, to be- subject to- taxation' 93, d** kinds of, to be exeirapt fronv taxatloi* 94-96 anniiat listing and assessment of : ii9, 121 dissatiaf action with assessment of 123, 12'* Property tax, g<«nera!l, htstory and itature of 9-13, 14, 15-, 16- Rallroad compantes, taxation' of 15-, 16, 72, 73i 107, 109 assessment of 21, 22, 23", 60', 63, 110- vatliM- o« lan«» sold to. In 1911 34, 35, 36 assessed- value ot- property of 3?; S"©, 39, 46 exemivtion of property own-ed exclusively by 105 duties Of 10«; 106, 108, 109 Railways, Street, assessment of 20 tax on property of f ff2 Eate, tax ftxiitg of I2''6 Heal estate, corporation, taxation of 14 dedoictioi* of debts- from value of 18 Bstteg of 19, 2*, 21, 2^ tait list .0*, by eoiinttes 23 city and village; assessment of 3'5, Se, 37, 39, 4* assessment of S'Z, 11-9, 121 exempt fronr taxation « 9'4 tax o» 99; lOO' abstract of 126 sale of, for taxes 131 Recetvera 91 Kecordersi cownty 28 Ma:n'fc forms' sent to 30 data given- by SI Reforms, fiscal, need of, in Iowa 7 Registration fee 95- Reservations, forest and fruit tree, natu-re of 132, 133 assessment of 133 record of 134 Revenue; am.ount of, from- l-87'3 to- 19-11 25, 26 comparative amount of state and local 26- sepairaftioB of starte- and local; n-eeded- in Iowa fO^-tB advantages- and- disa-d'va'ntages' of separation of sources of 70, 7l state, fixing of tax rate for 12^ eonnty, amount of IST" Revenue blU, proposed, consideration of 6; 58 exemptions is 1'9' expl'aHatlon of 7?, 76" INDEX 101 Revenue bill— Continued Page arrangement of 77, 79 references to Code of 1S97 in 80, 81, 82 provisions of 83-137 title of 83-85 sections of, providingr for Iowa Tax Commission 85-90 sections of, providing for county assessor 90-93 code sections repealed by 136-137 Revenue bills, proposed 7 Revenue laws, demand for revision of, in Iowa 5 investigation of , 6 re-codiflcation of, proposed 77 proposed repeal of 134 Revenue system, history of, in Iowa 9-16 distinctive feature of 9 distinctive features of 9 Iowa, defects of 17, 25, 69-74 inequalities of, in Iowa 60, 61 Revision of 1860, term "value" explained in 13 reference to 14 Review, administrative machinery of 10-12, 16, 17, 21, 23, 24 basis of 31, 32-34 work of, by Bxecutive Council 37 criticism of system of 39 systems of, in various states 47, 53-58 local board of, proposed abolition of 77, 78 supervision over 88, 89 list of land sales to be used by 92 penalty for failure to make 134 proposed plan of 123, 124 complaints concerning work of 123, 124 Review, County Board of, proposed penalty for change by 122 appeal to 124 hearing and complaints by 125 appeal from 125 Review, State Board of ." 23, 24, 38 proposed 126 Rhode Island, Tax Commission in 49 moneys and credits listed In 64, 66, 67 Richmond, Virginia > 5 Ringgold County, assessed value in 31 Ripley, A. C 3, 5 Road building fund, county 128 Road tax, credits for 130 Road, public 94_ 12I Roads • 121 tax levy for 128 Rock Rapids 35 Ruthven \ 35 Sailors, property of gg St. Paul .'...." 66 Salaries, proposed In revenue bill , 86, 87, 91 Sales, land, list of '_ _ ' 93 Savings and loan associations, tax on property of 101 School bonds, exemption of , 18 95 School district, property of /_ _ " '94 School fund, forfeitures for benefit of !!!!!!.'! !l32 School lands !!!!!'. 94 School property _' _' -gi Schools, tax levy for support of 12g Secretary of State, filing of bond with .'.'.'.'.'.".'.'.".".'.'.'."."" gfi 152 INDEX Page Securities, tax on 9* Senate, State 85, 86 Se'vrers, construction of 129 ShareSj tax on 93 bank, tax on 99 corporation, tax on 100 Sheep, tax on 93, 94 Sheldon 35 Sheriff 11 Shows, traveling, licensing of 132 Sibley 35 Silver coin, tax on 93 Sioux City, Iowa 5, 6, 36 Sioux County, assessed value in 31 Sleeping cars 108, 109 Soldiers, property of 96 South Dakota, assessment in 48, 49 local board of review in 57 South Carolina 74 State, tax levy for support of 127, 128 assessed valuation of property of 128 State Center 36 Stock, corporation, taxation of 14, 15, 16, 70, 78, 93, 96, 120 exemption of shares of 19, 20, 21 listing of shares of 19, 20, 21 bank, assessment of 20, 21, 99 association, tax on '. 101 Stock transfers, tax on 70 Stockholders, liabilities of 100, 101 Stonebraker, B. B 3, 5 Stones, precious, tax on 93 Street railways, assessment of 20 tax on property of 102 Sugar, manufacture of, exemption of property used in 95 Supervisors, county board of 10, 11, 12 tax distribution by 22 review by 23, 24, 55, 66 criticism of work of review by 39 proposed power of 58, 90, 92, 93 proposed supervision over 88, 89 filing of bond with 90 proposed power of, to remit taxes 96 tax levied by 96, 127, 128, 130 applications for review delivered to 124 duties of, as board of review 125, 126 appeal from action of 125 valuation certified to 127 Supervisors, township, county board of 11, 12 Supreme Court, State, decisions of 15, 16 Surveyor, county 11 Swamp land indemnity scrip 121 Swine, tax on 93, 94 Tax, general property, origin of 9 nature of 9-13 general property, failure of, in Iowa 70 Tax Association, National, conference of 5 Tax certificates , 91 Tax Code, chaotic condition of 76 Tax Commission, Iowa, need of 6, 7, 24, 46, 50, 51, 54, 57 proposed function of , . . . 39 need of supervision of assessment by 69, 60, 61, 62, 63, 64, 67 INDEX 158 Tax Commissinn, Iowa— Continued . Page experience of other states cited in favor of ..'.67, 68 establishment of, recommended 76, 76 short bill providing- for creation of 75, 76 sections, of bill providing for creation, duties, and powers of 85-90, 91, 92 proposed transfer, of taxation powers of Executive Council to 87' duties of county assessor to 9^ meaning of term ^3 duty of 1*1 information to be furnished to 102, 105, 106 proposed powers and duties of, with reference to telegraph and telephone companies 103, 104, 105 proposed duties and powers of, with regard to railroads 106, 107, 108, 109, 110 proposed duties and powers of, with regard to express com- panies 112, 113 proposed duties and powers of, with regard to freight line and equipment companies 115 listing and assessment by 122 return of abstract to be made to 126 work of, as State board of review 126, 127 tax to be levied by, in payment of bonds 127 appropriation for payment of expense* of 134, 135 printing and binding for 135 Tax Commission, Special, report transmitted by members of 3 legislative provision for-. 5 members of 6 meetings of 5 State systems investigated by 5, 6 aims and work of 6 reforms proposed by ..6,7 recommendations of, 7, 12, 16, 24, 57, 58 acknowledgment of aid received by 8 general property tax criticised by. 10 railroad tax criticised by 15 recommendation of, as to exemptions 9 blank forms sent out by 30 data collected by 34 criticism by, of present system of equalization 38, 39 tables prepared by 45, 46 "actual value" basis for assessment recommended by 48 reform of assessment system recommended by 50 recommendation by, as to coun-ty assessor 52 power of county board of review recommended by 56 defects of revenue system of Iowa pointed out by 70-74 explanation of proposed revenue bill by 75-80 conclusions reached by 75, 76 proposed re-cbdiflcation of tax laws by 77 revenue bill proposed by 83-137 Tax commission bill 6 Tax Commissioners, State 49, 52 need of 51 power of review by 53 creation of office of 67 proposed appointment of 85, 86 term of office of 85 qualifications of 86 compensation of 86 meeting of 86, 87 164 INDEX Page Tax commissions, Stato <..... 30 permanent, movement for 49, 51, 62, 53, 64 need of < .61, 62, 53 functions of ^4 increase of number of ,... • ^"^ Tax Conference, National, meeting of 64, 66 Tax Conference, State, meetings of 6 Tax ferrets, system of 63 Tax laws, Iowa, demand for revision of 5 investigation of 6 present, proposed repeal of 134 Tax list, making of 23 entries on ....96, 130 correction of. 126 nature of 131 certificate upon 131 Tax aale 131 Taxation, primary defect of, in Iowa 6, 7 omplexity of 9 ad valorem, plan of .12, 13 exemptions from 14, 17, 18, 19, 94-96 application of principle of ad valorem. 16, 19, 21, 22 principles of, in revenue history of Iowa 16 administrative machinery of 17, 22-24 basis of equality of 25 ad valorem, meaning of> in various states 47 need of equality of, in Iowa 69, 60, 75 special problems in .....69-74 need of efficient administrative machinery of 76 system of procedure in regard to 76 proposed system of, for Iowa 83-137 documents pertaining to 88 evasion of law for 89 Taxes, collection and distribution of.... 7, 22 levy of 8, 129 system of collection of 12 corporation 13 railroad, distribution of 15, 16 corporation, distribution of 15, 16 levy and collection of 17 amount of, from 1873 to 1911 25, 26 corporation, inequality of distribution of 73 remission of 96 Taxing districts, collections in 96 Taxpayers, complaints of 89 Taylor County, assessed value in 31 Teamsters 95 Telegraph companies, assessment and taxation of.. 15, 16, 21, 22, 60, 63, 72 exemption of shares of 96 duffes of , 102, 103, 104 assessment of property of 104, 105 Telephone companies, assessment and taxation of 16, 21, 22, 60, 63, 72 exemption of shares of , 95 duties of 102, 103, 104 assessment of property of 104, 105 Tenements, tax on 93 Tennessee, county board of review in 56 Texas, assessment system of 61, 67 review of assessment in 56 Threshing machines, tax on 93 Tools, exemption of .• 18, 96 P«B« Top«l;a, Kansas ''.<>« Towns, duty of councils ot - ■••• *» assessors In - — - '••• ' assessment rolls of • •*■' ' saJe of lots In ^^ property of ... > • - ** adjustment of assessments of ^^^ peddling in 1*2 Township assessors, provision for ^ 1' system of, in various states • *8, 49 result of system of *9' 5" need of state supervision over (see Assessors, local) 51, f2 Township government, extension of, to Iowa. - 12 Townships, review by 10, 11, 12, 1* duties of trustees of 23 assessment rolls -of 88> ^^ list of sales of land in 92 property of • 94 assessment books for 125 assessed valuation ot property of 12S tax levy and bond issue of 1*9 assessment of 11> 28 Treasurer, county 11, 28 collection of taxes by 12, 24, 96, 105, 110, 114, 131 blank forms sent to 30 data given by 31 duty qf , as assessor in Illinois 49 court decision to be certified to 125, 126 relevy to be certified to 130 tax list given to 131 peddler's tax to be paid to 131 forfeiture to 132 Treasurer, State, payment of taxes to 15, 16, 118, 119 collection of tax by 22, 24 duty of 116 Trees, planting of 132, 133 assessment of groves of 133 Trust companies, tax on stock of 95 Trustees 91, 119 United States, land exempt from taxation in 18, 94 increase of number of tax commissions in 67 proposed investigation of tax systems of 89 University lands 94 Valuation, assessor's basis of, in low^a. 13 assessed, total and per capita, from 1856 to 1900 In Iowa 26, 27, 28 ratio of assessed to £ale, in selected counties 34 basis of, in various states 47-49, 52 assessed and actual in Iowa 59, 60 proposed plan to secure uniformity of 78-87 supervision over 89 duty of county assessor as to 91, 92 code provision as to 119 Vegetables, sale of 132 Vehicles, tax on 93 Vendors, tax on 132 Vessels, tax on 92 Villages, ratio of assessed to sale values in 35, 36 Virginia, assessment system of 52, 53 review of assessment In 55 Voss, Chas. N 3,5 158 INDEX Page "War of Rebellion 96 "Warren County 34 "Wa&hintgon, assessment system of 51, 67 Washington County, assessed value in 31 Waterworks, assessment of 20, 101 construction of, by city 129 Wayne County, taxable and sale values of realty in 39, 45 West Union 36 West Virginia, assessment system of 51, 52 review of assessment in 56 sketch of Tax Department of 67, 68 success of county and state supervision of assessment In 69 Widows, exemption of 95 Winn«bago County, assessed value in 31 Wisconsin, Tax Commission of 30 assessment system of 53 functions of State Tax Commission in 55 . local board on review in 57 separation of revenue sources in 70 Witnesses, provision for, in revenue cases 89 Wool 94 Wyoming, revenue system of 6, 67