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A REPORT
ON THE
TAXATION & REVENUE SYSTEM
of ILLINOIS
PREPARED FOR THE
SPECIAL TAX COMMISSION of
the STATE of ILLINOIS
BY
JOHN A. FAIRLIE, Ph. D.
Associate Professor of Political Science
University of Illinois
CHIEF CLERK OP THE COMMISSION
■■V"'
SPECIAL TAX COMMISSION
JOHN P. WILSON, President
EDMUND J. JAMES, Secretary
BEN F. CALDWELL
A. M. CRAIG
A. P. GROUT
H. B. RILEY
B. L. WINCHELL
1910
K'^sr\o\
^
ILLINOIS PRINTING COMPANY
DANVILLEt ILLINOIS
NOTE.
This report on the Taxation and Revenue System of Illinois has
been based mainly on a study of the laws and the data in the pub-
lished reports of the Auditor of Public Accounts, the State Board
of Equalization and other State officials. In the statistical tables
wiU be found somewhat comprehensive and systematic statements
showing for a considerable period of time, the data published in
the regular reports of the State officials for single years or biennial
periods. Some information and suggestions have been received
in letters, submitting complaints of the tax laws and proposing
changes, which have been sent to the Special Tax Commission from
State and local officials, and from various associations, corporations
and individuals. But no opportunity has been offered to tmder-
take an intensive examination of the methods and practices of
township, county or state officers. f^
In connection with some topics, a brief comparison has been
made of methods of taxation in other states and cotmtries ; while the
last two chapters contain a general discussion of state taxation
officials and the taxation of corporations in the United States.
Urbana, Illinois, November 15, 1910.
TABLE OF CONTENTS.
CHAPTER I.— INTRODUCTION.
Historical Sketch of Tax Legislation 1-9
Tax Laws Under the First State Constitution 1
Legislation Under the Second Constitution 3
Constitution of 1870 4
Revenue Law of 1872 7
Revenue Commission of 1 886 8
Recent Legislation 9
Outline of Property Tax Administration 9-17
Local Assessment 10
County Review and Equalization 12
The State Board of Equalization 13
Comparison of Assessed and True Valuations 14
Levy and Extension of Taxes 15
Collection of Taxes 16
Taxation of Corporations 1 7-19
Public Service Corporations 18
Business Corporations 18
Financial Corporations 18
Summary of State Revenues 19
CHAPTER II.— REAL PROPERTY VALUATIONS.
Assessment Methods 20
Assessed Valuations 21
Undervaluations and Inequalities 25
Suggested Changes 27
Taxation of Increased Land Values 29-33
Increment Tax in Germany 30
New Land Taxes in Great Britain 33
CHAPTER III.— PERSONAL PROPERTY ASSESSMENTS.
What is Taxable 34
Where Listed and Assessed 35
How Listed and Assessed 36
Personal Property Assessments 37
Tangible Personal Property 41
Intangible Personal Property 42-5 1
Mortgages and Credits 45
Money and Bank Deposits 48
Bonds and Stocks and Bank Shares 50
Taxation of Mortgages in other States 51-58
Double Taxation of Mortgages and Mortgaged Property 51
Taxation of Mortgages as an interest in Real Estate 53
Special Taxation of Mortgages, etc., 55
(VII)
VIII TABLE OF CONTENTS
CHAPTER IV.— STATE EQUALIZATION OF LOCAL ASSESSMENTS.
From 1867 to 1872 59
Since 1872 60-67
Organization and Methods of the State Board of Equalization 60
Equalization of Local Assessments 62
Analysis and Criticism 63
CHAPTER v.— ASSESSMENT AND TAXATION OF RAILROADS.
Local Assessments 68
State Assessments 68
Illinois Central Railroad 76
Railroad Taxes 77
CHAPTER VI.— ASSESSMENT OF CORPORATIONS BY STATE BOARD
OP EQUALIZATION.
Revenue Law of 1872 84
First Assessments ) 84
Decline in Assessed Valuations 85
Amendments to the Revenue Law 86
The Teachers' Federation Case 87
Assessments since 1900 88
Rules of the State Board of Equalization for determining the value of
capital stock of corporations, 1873, 1900, 1901 and 1909 90
CHAPTER VII.— TAX RATES AND REVENUES.
Aggregate Valuation 97
Tax Rates 98
Amount of Taxes Levied 101
State Revenue 104
State Expenditures 105
CHAPTER VIII.— SPECIAL TAXES, LICENSES AND FEES.
Before 1870 106
Constitution of 1870 108
Insurance Fees and Taxes 109
Corporation Fees 112
Inheritance Tax 113
Canal Tolls and other Canal Revenues 118-128
Loans and Land Sales 119
Canal Tolls 120
Leases and Rentals 123
Examination, Inspection and Minor License Fees 128-141
Sundry Fees Paid to the Secretary of State 129
Auditor's Fees 131
Grain Inspection 131
State Board of Health 134
State Board of Dental Examiners 135
State Board of Pharmacy 136
Commercial Fertilizers 136
Mining License and Inspection Fees 137
TABLE OF CONTENTS IX
State Board of Examiners of Architects 137
State Board of Examiners of Horseshoers 138
State Board of Live Stock Commissioners. 138
Employment Agencies 138
Public Accoiintants 139
Registered Nurses 139
Motor Vehicles 139
Stallion Registration Board 139
Board of Examiners of Barbers 140
Special Funds 141-144
Commission Merchants' License Fvmd 142
. State Game Protection Fund 142
State Fish Protection Fund 143
State Food Commissioner's Fund 143
CHAPTER IX.— STATE BOARDS OF EQUALIZATION AND TAXATION.
Summary 145-147
State Boards of Equalization 14S
State Assessing Officials 146
Tax Commissions 146
New England States 147
Middle Atlantic States 148
Southern States ISO
North Central States 154
Western States 161
CHAPTER X.— TAXATION OF CORPORATIONS IN THE UNITED STATES.
General Property Tax 167-170
Capital Stock 167
Franchises 168
State Assessment 170
Corporation Taxes 170-173
General Corporation Taxes 172
Special Corporation Taxes 173
Business Taxes and Licenses 173
Conclusions 174
Massachusetts 175-180
General Property Tax 175
General Corporation Tax — Capital Stock 176
Public Service Corporations 176
Banks 176
Business Corporations 177
Foreign Corporations 179
Shareholders and Bondholders 179
New York 180-183
General Property Tax — Special Franchises 180
Corporation Taxes 181-183
Organization and License Fees 181
Annual Franchise Tax 181
Additional Franchise Tax 181
X TABLE OP CONTENTS
Other Franchise Taxes 182
Stock Transfer Tax 183
Foreign Corporations 183
Stockholders and Bondholders 183
New Jersey 183-187
Railroad and Canal Companies 183
Other Public Service Corporations 184
Banks and Trust Companies 18S
Insurance Companies 186
Miscellaneous Corporations 186
Organization and License Fees 187
Pennsylvania 187-193
Local Taxation of Corporations 188
State Corporation Taxes 188-191
Bonus on Charters 188
Capital Stock Tax 188
Corporate Loans ■ 189
Taxes on Receipts 190
License Taxes 191
Revenue from Corporations 191
Ohio 193-194
State Assessment 193
State Taxes 193
Wisconsin 194—196
Financial Corporations 194
Public Service Corporations 19S
Minnesota 196-199
Public Service Corporations 197
Banks 198
Business Corporations 198
Ore Land Assessments 199
CHAPTER XL— CONCLUSIONS.
GENERAL TABLES 202-249
BIBLIOGRAPHY 250
INDEX 2S1-2.'5.S
TABLES IN TEXT.
1. Estimated True Value and Assessed Valuation of Property in Illinois,
1850, 1860, 1870, 1880, 1890 and 1904 14
2. Summary of Revenues of the State of Illinois, 1906-1908 19
3. Assessed Valuation of Real Property Locally Assessed in Illinois, 1909. . 23
4. Comparison of Estimated True Value and Assessed Valuation of Real
Estate and Improvements in Illinois, 1890, 1900 and 1904 25
5. Increment Tax in German Cities 32
6. Comparison of Estimated True Value and Assessed Taxable Valuation
of Specified Classes of Property in Illinois, 1900 and 1904 40
7. Estimate of Outstanding Mortgages in Illinois, Cook County, and all
other counties, 1870, 1880 and 1887 46
8. Estimate of Mortgages Legally Subject to Assessment compared with
assessed credits of other than banker, etc., 1880 and 1887, Illinois
and Cook County 47
9. Comparison of Bank Deposits and Assessed Value of Moneys of other
than banker, etc., Illinois and Cook County 49
10. Mortgage Tax Revenue in New York State, 1906-1909 56
11. Changes in Local Assessments by the State Board of Equalization,
1869-1909 67
12. Comparison of Railroad Assessments and Assessments of General Prop-
erty in Illinois, Wisconsin and Michigan 74
13. Railroad Earnings and Taxes in Illinois, 1885-1909 80
14. Railroad Taxes, etc., in Illinois, 1900-1908 81
15. Assessments by Illinois State Board of Equalization, 1873, 1880, 1890,
1902, 1908 and 1909 94-95
16. Rates of Property Taxation in Illinois, 1840, 1850, 1860, 1870, 1873, 1880
-1909 99
17. Property Values and Taxes in Illinois, 1850-1904 100
SPECIAL TAXES, LICENSES AND FEES.
18. Insurance License Fees 110
19. Fees and Taxes Collected by the Insurance Department, 1893-1908 .... Ill
20. Expenditure for Construction Illinois and Michigan Canal, etc 119
21. Proceeds of Sales of Canal Lands 120
22. Rates of Toll and Lockage, Illinois and Michigan Canal, 1848, 1867,
1875, 1880, 1888 122
23. General Account of the Board of Trustees of the Illinois and Michigan
Canal from June 26, 1845, to April 30, 1871. Supplementary State-
ment to September 30, 1871 124
24. Annual Receipts of the Board of Trustees of the Illinois and Michigan
Canal, 1845-1871 125
25. Annual Disbursements of the Board of Trustees of the Illinois and Mich-
igan Canal, 1845-1871 126
{Xn
XII TABLES IN TEXT
26. Annual Receipts and Disbursements o£ the Canal Commissioners, 1870-
1908 127
27. Fees Collected by the Secretary of State and Paid to the State
Treasurer, 1872-1908 130
28. Grain Inspection Charges at Chicago 132
29. Collections and Disbursements for Grain Inspection, 1871-1908 133
30. Examination and License Fees for Physicians and Midwives 13S
31. Examination and License Fees for Pharamacists 136
32. Receipts of the General Revenue Fund from Sundry Fees 140
33. Examination and License Fees Collected by Various State Boards 141
34. License Pees and Fines Received for Special State Funds 144
STATE BOARDS OF EQUALIZATION AND TAXING OFFICIALS.
35. Permanent State Tax Commissions 147
36. Assessed Valuation of Property in New Jersey, 1904-1909 149
37. Assessed Valuation of Property in Michigan, 189^-1907 156
38. State and Local Valuation of Property in Wisconsin, 1898-1908 157
39. Assessed Valuation of Property in Kansas, 1907-1909 161
40. State Boards of Equalization and Taxation Officials 164-166
TAXATION OF CORPORATIONS IN THE UNITED STATES.
41. Assessment of Corporation Property by State Officials 169
42. Taxation of Corporations, other than by the General Property Tax 171
43. State Revenue from Corporation Taxes in Massachusetts, New York
and Pennsylvania 172
44. Massachusetts State Revenue, year ended November 30, 1907 178
45. New York State Revenue, year ended September 30, 1909 182
46. Gross Receipts and Franchise Taxes on Public Service Corporations in
New Jersey, 1909 185
47. Taxes on Miscellaneous Corporations in New Jersey, 1884-1909 187
48. New Jersey State Revenue, 1905 and 1909 187
49. Pennsylvania State Revenue, year ended November 30, 1909 192
50. State Assessment and Taxation of Public Service Corporations in Wis-
consin, 1905 and 1908 195
51. Wisconsin State Revenues, year ended June 30, 1908 196
52. Taxes paid by Public Service Corporations in Minnesota 197
53. Minnesota State Revenue, year ended July 31, 1908 199
GENERAL TABLES.
I.
II.
in.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
Local Assessments, State of Illinois, 1839-1910 202-203
Local Assessments, Cook County, 1839-1909 204-205
Local Assessment of Real Estate, 1867-1909, Lands 206-207
Local Assessment of Real Estate, 1867-1909, Town and City
Lots 208-209
Personal Property Assessed for the Years 1861, 1873, 1888, 1898,
1899 and 1909 210-211
Assessed Valuation of Credits and of Moneys of Other than Bankers,
etc., 1873-1909,— Illinois and Cook Cotmty 212-213
Assessed Valuation by Local Assessors of Bonds and Stocks and
Bank Shares, 1873-1909,— Illinois and Cook County 214-215
Equalization of Local Assessments by State Board of Equalization,
1867-1910, State of Illinois 216
Equalization of Local Assessments by State Board of Equalization,
1867-1909, Cook County 217
Railroad Assessments in Illinois, 1856-1910 218
Gross Receipts of the Illinois Central Railroad and Amounts paid
into the State Treasury, 1855-1910 219
Taxation of Railways in the United States, year ending June 30,
1908 220-221
Mileage, Earnings, Operating Expenses and Taxes paid by Specified
Railroads in Illinois, year ending June 30, 1908 222
Equalized Assessed Valuation, Gross Earnings and Taxes Charged
to Steam Railroads in Illinois, for the year ending, June 30, 1909 223
Capital Stock Assessments of Illinois corporations other than railroad
companies by Illinois State Board of Equalization, 1873-1910 . . 224
Equalized Assessed Valuation of Taxable Property in Illinois,
1873-1910 225
Equalized Assessed Valuation of Taxable Property in Cook County,
111., 1873-1909 226
Percentages of Total Equalized Assessments of Taxable Property
Assessed on Real and Personal Property, 1873-1909 227
Percentage paid by each county of State Tax collected for the
years 1860, 1865, 1870-1908 228-237
State, County, City, Town, School and other Local Taxes levied
in Illinois, 1860, 1870, 1872-1909 238
State, County, City, Town, School and other Local Taxes levied
in Cook County, Illinois, 1872-1909 239
Aggregate amount of State Taxes charged, the amount of abate-
ments, commissions, etc., deducted, the net amount, the amount
paid to the State Treasurer and the amount impaid, 1839-1908 . 240-242
(XIII)
XIV GENERAL TABLES AND DIAGRAMS
XXIII. General Revenue, State of Illinois, 1818-1908 243-244
XXIV. Total Receipts of the State Treasury — Revenue and Special
Funds, 1818-1908 245-247
XXV. State Expenditures of Illinois — Warrants Drawn on the State
Treasury, classified — 1870-1908 248-249
DIAGRAMS.
A. Percentage of Equalized Assessment on Real Property, 1873-1909 . . 24
B. Assessed Valuation of Railroad Property in Illinois, 1873 — 1909 73
C. Percentage of Railroad Taxes in Illinois to Gross Earnings, Net Earn-
ings and Total Net Revenue, 1885-1908 79
D. Capital Stock Assessments in Illinois, 1873-1909 89
E. Total Equalized Assessed Valuation of Property in Illinois, 1873-1909 . . 96
F. State and Local Taxes in Illinois, 1872-1909 103
TABLE OF CASES
Anderson v. C. B. & Q. R. R. Co., 117 111. 26 (1886) 70
Billings V. Illinois, 188 U. S. 97 (1903) ir6
Burke v. Sniveley, at. el., 208 111. 328 (1904) 124
C. & A. R. R. Co. V. The People, ex rel., 98 111. 350 (1881) 59
Chicago & Northwestern Railway v. State, 128 Wis., 553-108 N. W. 557 196
C. R. I. & P. R. R. Co. V. The People, 4 111. App. 468 (1879) 69
Chicago Union Traction Co. v. State Board of Equalization, 114 Fed. Rep.
557 (1902) 88
Commonwealth v. N. Y. P. & O. R. R. Co., 188 Pa. 169 (Nypano Case), (1898) 189
Consolidated Coal Co. v. Miller, et al. 236 111. 149 (Oct. 26, 1908) 86
Cook County v. C. B. & Q. R. R. Co., 35 111. 460 (1864) 70
Huck, et al V. C. & A. R. R. Co., 86 111. 352 (1877) 70
Kennedy v. St. L., V. & T. H. R. R. Co., 62 111. 395 (1902) 70
Knopf V. People, 185 111. 21 (1900) 9
Knopf V. Lake St. El. R. R. Co., 197 111. 212 (1902) 70
Kochersperger v. Drake, 167 111. 122 (1897) 1 1 5
Lasher v. People, 183 111. 226 (1899) 142
Lehigh Coal and Navigation Co. v. Northampton County, 8 Watts & Serg.
344 (1845) 188
Loan and Homestead Association v. Keith, 153 111. 609 (1894) 87
Magotm V. Illinois Bank, 170 U. S. 283 (1897) 115
People ex rel Chicago v. State Board of Equalization, 205 111. 296 (1903) .... 75
People V. Harper, 91 111., 357 (1897) 134
People V. Thurber, 13 111. 354 (1852) 107
Porter V. Rockford, R. I. & S. L. R. R. Co., 76 111. 563 (1873) 84
Price V. People, 193 111. 114 (1901) 138
State Board of Equalization v. People, 191 111. 529 (1901) 87, 92
State of Illinois v. Illinois Central R. R. Co. (Oct. 28th, 1910) 77
State Tax on Foreign Held Bonds, 15 Wallace, 300 (1872) 190
(XV)
CHAPTER I
• INTRODUCTION
The principal basis of taxation in Illinois, for state, county and
municipal purposes, is a general property tax. This is prescribed
by the state constitution, which also authorizes the taxation of
certain corporations, franchises and privileges. A striking charac-
teristic of the general property tax in jlllinois is the legal recognition
of undervaluations of property for assessment, — ^the " taxable value"
has been defined as one-fifth, and now as one-third of the "fair
cash value." This has a marked effect on the significance of tax
rates and debt limitations.
Corporations in general are subject to taxation in the same man-
ner as individuals; but railroad property is assessed by the State
Board of Equalization; and Illinois corporations (with important
exceptions) are also taxed on an assessment, by the same board,
of their capital stock on the excess value above the assessed value
of their tangible property.
In addition to the general property tax, the state receives
considerable revenue from a percentage of the gross earnings of the
Illinois Central Railroad. There is also a tax on gross premiums
of life insurance companies, an inheritance tax, and some revenue
from fees and miscellaneous sources.
Local districts have also some sources of revenue besides the
general property tax. In cotmties there are fees and some licenses.
In cities there are various business licenses, notably the liquor
license; also special assessments for local improvements and some
commercial revenue from water works, etc. There is also a poll tax
for road district purposes only.
The present situation has developed in a desultory way, with
little effort at any correlated. system of taxation and revenue.
HISTORICAL SKETCH OF TAX LEGISLATION.
Tax Laws under the First State Constitution.
Passing over the early history of taxation in Illinois, it may be
noted that as part of the Northwest Territory and the territory of
Indiana, the TUinois settlements were subject to the tax laws of
I INTRODUCTION
these territories; and that the tax laws of the territory of Illinois
naturally followed the methods employed in the earlier settled
regions to the eastward.
The first State Constitution of Illinois, adopted in 1818, definitely
provided for a general property tax. Section 20, of the Bill of
Rights (Article VIII) reads:
That the mode of levying a tax shall be by valuation, so
that every person shall pay a tax in proportion to the value of the
property he or she has in his or her possession.
During the period of the first constitution, the most important
financial legislation in Illinois had to do with the State Bank and
loans for the construction of internal improvements, to be paid from
land grants. But a number of statutes were also passed relating to
the ordinary revenue, which mark the early stages in the develop-
ment of the system of assessment and collection. The most impor-
tant of these laws appear to be an Act of March 1, 1827 and Chapter
89 of the Revised Statutes of 1845.
The Act of 1827 provided for the classification of lands into three
classes, to be valued and taxed at rates named in the Act, the tax
rate being one-half of one per cent of the assumed value of the land.
The county commissioners' court was also authorized to levy a tax,
not exceeding one-half per cent, upon the following descriptions of
property, viz. on town lots (if not taxed by trustees of the town),
on slaves and indentured servants of color, on pleasure carriages,
on distilleries, on stock in trade, on horses, mares, mules, asses and
neat cattle, above three years of age, on watches, and such other
property as they shall order and direct.
Chapter 89, of the Revised Statutes of 1845, gives more detailed
provisions for the assessment and collection of taxes. This chapter
contains 113 sections, covering 18 printed pages. Property is
classified into the two main divisions of "real property" and
"personal property." Real property is to include all lands and
lots and buildings thereon; personal property is to include
household furniture, goods and chattels, ships and vessels, moneys
on hand and moneys loaned, public stocks, stocks in turnpikes,
■ bridges, insurance companies and moneyed corporations, also all
commissions and every species of property not included in the
description of real estate. Provisions are made for listing and
assessing the various items of property by the county treasurer,
acting ex-officio as assessor, the county commissioners' court having
power to reduce assessments on application. Further sections
provide for the collection of taxes, and the sale of property for taxes.
INTRODUCTION ^
Legislation under the Second State Constitution.
In the second state constitution, adopted in 1848, there is a
separate article of six sections on the subject of the Revenue The
principal provisions are as f ollo^A•s :
Section 1. The general assembly may, whenever they shall
deem it necessary, cause to be collected from all able-bodied free
white male inhabitants of this State, over the age of twenty-one
years and under the age of sixty years, who are entitled to the
right of sufJErage, a capitation tax of not less than Mty cents nor
more than one dollar each.
Sec. 2. The general assembly shall provide for levying a tax
by valuation, so that every person and corporation shall pay a tax
in proportion to the yalue of his or her property ; such value to be
ascertained by some person or persons to be elected or appointed
in such manner as the general assembly shall direct, and not
otherwise; but the general assembly shall have power to tax
pedlers, auctioneers, brokers, hawkers, merchants, commission
merchants, show-raen, jugglers, inn-keepers, grocery-keepers, toll
bridges and ferries, and persons using and exercising franchises
and privileges in such manner as they shall from time to time
direct.
Sec. 3. The property of the State and counties, both real and
personal, and such other property as the general assembly may
deem necessary for school, religious and charitable purposes, may
be exempted from taxation.
Sec. 4. [Prescribed the conditions for a deed to the purchaser
of land or town lots at any sale for taxes.]
Sec. 5. The corporate authorities of counties, townships,
school districts, cities, towns and villages may be vested with
power to assess and collect taxes for corporate purposes; such
taxes to be uniform in respect to persons and property within the
jurisdiction of the body imposing the same. And the general
assembly shall require that all the property within the limits of
municipal corporations belonging to individuals shall be taxed
for the payment of debts contracted under authority of law.
Sec. 6. The specification of the objects and subjects of taxa-
tion shall not deprive the general assembly of the power to require
other objects or subjects to be taxed in such manner as may be
consistent with the principles of taxation fixed in this constitution.
Thus far, local assessments of property in Illinois had been made
by county officials. But, following the adoption of the Constitution
of 1848, the Act of 1851, to provide for township organization,
authorized a more decentralized system, by creating the office of
town assessor and establishing the system of township assess-
ment of property for taxation in all counties which established the
4 INTRODUCTION
township system of local government. This was followed in 1853
by an Act for the assessment of property, and in 1855 by an Act
to amend the assessment and revenue laws. These Acts prescribed
in further detail the rules for valuing property and the method of
listing various classes of property . Personal property was to be listed
under fourteen separate items; and railroad property was to be
separately scheduled, and to be returned to the county clerk,
instead of to the township assessor, in counties under township
organization.
In 185 1 , there was also passed the Act providing for the construc-
tion of the Illinois Central Railroad, and for the payment of a per-
centage of its gross earnings for its grants and privileges and in lieu
of taxation.
An important change, marking the first step towards any state
administrative supervision of local assessments, was made in 1867
by the act establishing a state board for the equalization of assess-
ments as between counties. This board consisted of one member
from each senatorial district, the first members being appointed
by the Governor. After the first year, the members were to be
elected once in four years.
The Constitution of 1870.
In the Constitution of 1870 a number of changes were made in
the Article on Revenue, both by addition and omission; and the
Article contained twelve sections and was considerably longer than
that in the Constitution of 1848. The principal changes were:
(a) the omission of the section authorizing a capitation tax; (b)
the addition to the list of objects and subjects of special taxation,
of liquor dealers, insurance, telegraph and express interests or
business, venders of patents and corporations owning or using
franchises or privileges, with the restriction that all such special
taxes should be imposed by general law, uniform as to the class
upon which it operates ; (c) some additions to the classes of property
subject to exemption, with the prpviso that exemptions shall be
only by general law; (d) the substitution of general regulations in
regard to the sale of real estate for non-payment of taxes and the
right of redemption, in place of the detailed provisions in the former
constitution; (e) authorizing special assessments for local im-
provements in cities, towns and villages; and (/) establishing limits
to the rate of county taxation and local indebtedness. Provisions
in other articles imposed restrictions on state debt and appropria-
tions for the state capitol.
INTRODUCTION 5
An amendment to this article of the constitution, adopted in
1890, authorized the City of Chicago to issue $5,000,000 in bonds
on account of the World's Columbian Exposition.
Article IX of the State Constitution, on Revenue, now reads
as follows :
Section 1. The general assembly shall pro\-ide such revenue
as may be needful by levying a tax, by valuation, so that every
person and corporation shall pay a tax in proportion to the value
of his, her or its property — such value to be ascertained by some
person or persons to be elected or appointed in such manner as the
general assembly shall direct, and not otherwise; but the general
assembly shall have power to tax peddlers, auctioneers, brokers,
hawkers, merchants, commission merchants, showmen, jugglers,
inn-keepers, grocery-keepers, liquor dealers, toll-bridges, ferries,
insurance, telegraph and express interests or business, venders of
patents and persons or corporations owning or using franchises
and privileges, in such manner as it shall from time to time direct
by general law, uniform as to the class upon which it operates.
Sec. 2. The specification of the objects and subjects^ of taxa-
tion shall not deprive the general assembly of the power to require
other subjects or objects to be taxed, in such manner as may be
consistent with the principles of taxation fixed in this constitution.
Sec. 3. The property of the State, counties, and other muni-
cipal corporations, both real and personal, and such other property
as may be used exclusively for agricultural and horticultural
societies, for school, religious, cemeten- and charitable purposes,
may be exempted from taxation; but such exemption shall be
onl)r by general law. In the assessment of real estate incumbered
by public easement, any depreciation occasioned by such easement
may be deducted in the valuation of such property.
Sec. 4. The general assembly shall provide, in all cases where
it may be necessary to sell real estate for the non-payment of
taxes or special assessments, for State, county, municipal or other
purposes, that a return of such unpaid taxes or assessments shall
be made to some general officer of the county having authorit}- to
receive State and county taxes ; and there shall be no sale of said
property for any of said taxes or assessments but by said officer,
upon the order or judgment of some court of record.
Sec. 5 . The right of redemption from all' sales of real . estate
for the non-payment of taxes or special assessments of any charac-
ter whatever, shall exist in favor of owners and persons interested
in such real estate for a period of not less than two years from such
sales thereof. And the general assembly shall provide, by law,
for reasonable notice to be given to the owners or parties interes-
ted, by publication or otherwise, of the fact of the sale of the
property for such taxes or assessments, and when the time of
INTRODUCTION
redemption shall expire: Provided, that occupants shall in all
cases be served with personal notice before the time of redemption
expires.
Sec. 6. The general assembly have no power to release or
discharge any county, city, township, town or district whatever,
or the inhabitants thereof, or the property therein, from their or
its proportionate share of taxes to be levied for State purpo.ses,
nor shall commutation for such taxes be authorized in any form
whatsoever.
Sec. 7. All taxes levied for State purposes shall be paid into
the State treasury.
Sec. 8. County authorities shall never assess taxes the aggre-
gate of which shall exceed seventy-five cents per one hundred
dollars valuation except for the payment of indebtedness existing
at the adoption of this constitution, unless authorized by a vote
of the people of the county.
Sec. 9. The general assembly may vest the corporate
authorities of cities, towns and villages with power to make local
improvements by special assessment or by special taxation of
contiguous property or otherwise. For all other corporate pur-
poses, all municipal corporations may be vested with authority
to assess and collect taxes;, but such taxes shall be uniform in
respect to persons and property within the jurisdiction of the
bod}' imposing the same.
Sec. 10. The general assembly shall not impose taxes upon
m.unicipal corporations, or the inhabitants or property thereof,
for corporate purposes, but shall require that all the taxable pro-
perty within the limits of municipal corporations shall be taxed
for the payment of debts contracted under authority of law, such
taxes to be uniform in respect to persons and property within
the jurisdiction of the body imposing the same. Private property
shall not be liable to be taken or sold for the payment of the cor-
porate debts of a municipal corporation.
Sec. 11. No person who is in default, as collector or custodian
of money or property belonging to a municipal corporation, shall
be eligible to any office in or under such corporation. The fees,
salarjf or compensation of no municipal officer who is elected or
appointed for a definite term of office shall be increased or dimin-
ished during such term.
Sec. 12. No county, city, township, school district or other
municipal corporation shall be allowed to become indebted in any
manner or for any purpose to an amount, including existing
indebtedness, in the aggregate exceeding five per centum on the
value of the taxable property therein, to be ascertained by the
last assessment for State and county taxes previous to the
incurring of such indebtedness. Any county, city, school district
or other municipal corporation incurring any indebtedness as
INTRODUCTION 7
aforesaid, shall before, or at the time of doing so, provide for the
collection of a direct annual tax sufficient to pay the interest on
such debt as it falls due, and also to pay and discharge the principal
thereof within twenty years from the time of contracting the same.
This section shall not be construed to prevent any county, city,
township, school district or other municipal corporation, from
issuing their bonds in compliance with any vote of the people
which may have been had prior to the adoption of this constitution
in pursuance of any law providing therefor.
Sec. 13. The corporate authorities of the city of Chicago are
hereby authorized to issue interest-bearing bonds of said city
to an amount not exceeding five million dollars, at a rate of interest
not to exceed five per centum per annum, the principal payable
within thirty years from the date of their issue, and the proceeds
thereof shall be paid to the treasurer of the World's Columbian
Exposition, and used and disbursed by him under the direction
and control of the directors, in aid of the World's Columbian
Exposition, to be held in the city of Chicago, in pursuance of an
Act of Congress of the United States.
Provided, that if at an election for the adoption of this amend-
ment to the constitution a majority of the votes cast within the
limits of the city of Chicago shall be against its adoption, then no
bonds shall be issued under this amendment.
And said corporate authorities shall be repaid as large a
proportionate amount of the aid given by them as is repaid to the
stockholders on the sums subscribed and paid by them, and the
money so received shall be used in the redemption of the bonds
issued as aforesaid, provided that said authorities may take in
whole or in part of the sum coming to them any permanent im-
provements placed on land held or controlled by them.
And, provided further, that no such indebtedness so created
shall in any part thereof be paid by the State, or from any State
revenue, tax or fund, but the same shall be paid by the said city
of Chicago alone. '^
Revenue Law of 1872.
After the adoption of the Constitution of 1870, a new revenue
law was enacted in 1872, which still forms the basis of the present
system of assessment and collection. This Act further elaborated
the rules for listing and valuing property, increasing the number
of items of personal property required to be scheduled; it provided
for the review and equalization of original assessments by the
county board; and it reorganized the State Board of Equalization,
and added to its authority that of assessing railroad property and
the capital stock of Illinois corporations.
o Fifth Amendment to the Constitution of 1870, proposed and ratified in 1890.
INTRODUCTION
Revenue Commission of 1886.
In 1885 a commission was appointed by Governor R. J. Oglesby,
under joint resolution of the 34th General Assembly, "to amend and
revise the revenue law of the State of Illinois, and to propose and
frame a revenue code, which shall be just to all classes of property
and in keeping with our complicated system of business and indi-
vidual and corporate avocations." This commission reported
(March 1, 1886) the following as the principal defects in the opera-
tion of the revenue system:
First — The gross inequality in the assessments of different
pieces of property of the same kind owned by different individuals,
and of different kinds of property.
Secondly — The arbitrary and unjust operation upon individual
assessments of the system of equalization between co\mties by the
State Board.
Thirdly — The low rate of assessments.
Fourthly — The high rate of taxation permitted by law.
Fifthly — The inadequacy of existing methods to discover and
estimate valuable interests which have grown out of the refine-
ments of modem commerce.
Sixthly — The want of a central and efficient supervision of
the administration of the revenue laws throughout the state.
This Commission submitted the draft of a new revenue law in-
cluding the following changes recommended :
That the office of township assessor be abolished, and a county
assessor substituted, to be elected for a term of four years, with a
board of review in each county.
That the capital stock tax be limited to corporations of a
quasi public character, and to be assessed by the county assessor.
To do away with the requirement of an oath in connection
with personal property schedules and substitute a substantial
penalty for a false schedule.
The divorcement of State revenue from local taxation. Taxes
on railroads, telegraph, telephone, express and insurance com-
panies to be paid directly to the State Treasury and applied to
State purposes.
The appointment by the Governor, of a State Board of Tax
Commissioners, to consist of six persons, not more than three from
any one political party, and the Auditor of State as an ex officio
member.
No action appears to have been taken to accept the report and
recommendations of this Commission. In 1902 the report was
reprinted.
INTRODUCTION 9
Recent Legislation.
Within the past fifteen years, however, a number of Acts have
been passed by the general assembly affecting the revenue laws.
These have made changes of some importance ; but have been in the
nature of detached amendments rather than as the result of any
effort at a systematic revision of the revenue legislation of the state.
In 1895 there was passed an Act to tax gifts, legacies and inherit-
ances in certain cases, known as the inheritance tax. This
act was amended in 1909.
An Act of 1898 made important changes in the assessment of
property, especially in Cook County. It did away with the town
assessors in the city of Chicago; and provided a board of asses-
sors and a board of review for Cook County, each to be elected. It
recognized the practice of undervaluation in the assessment of
property by providing that the taxable value should be one-fifth
of the "full- value." It gave the supervisor of assessments of the
county the same authority as the town assessor to assess, and to
make changes or alterations in the assessment of property. It
provided for the publication of assessments. It reorganized and
increased the powers of the county boards of review.
The Act of 1898 also provided for a limitation on the aggregate
debt and tax rates in any county over 125,000 population; but this
was held to be unconstitutional.'^ An Act of 1901 established a
general limitation on tax rates and provided that when the aggre-
gate tax rate exceeded five per cent the county clerk should reduce
the rates of the various taxing districts.
Lastly, an Act of 1909 provides that the taxable value of prop-
erty shall be increased from one-fifth to one-third of the ' 'full-value ;"
and also provides for a corresponding reduction in the aggregate tax
rates, reductions to be made when the aggregate exceeds three per
cent.
OUTLINE OF PROPERTY TAX ADMINISTRATION.
In the administration of the general property tax there are three
principal steps : First there must be an assessment or valuation of
the property subject to taxation ; secondly, the tax rates ordered by
various taxing authorities must be calculated and levied against
each property owner, and thirdly, the taxes so levied are collected.
Of these steps, the assessment or valuation of property is at once
the most difficult, subject to the most detailed regulations, and also
the most criticised as inequitable and unjust. There are now two
a Knapp vs. People, 185 111., 21.
10 INTRODUCTION
main methods of assessment, that by local assessors and that by the
State Board of Equalization; while the local assessments are subject
to review and equalization by county officials, and the county
valuations in turn are subject to equalization by the state board.
Local Assessment.
The work of assessment by local assessors is affected by the dif-
ferent systems of local administration in Illinois. In counties under
township organization, except Cook County, the original assessment
is made by town officers, subject to review by county officials.
In counties not under township organization, the local assessment
is made by county officials. In Cook County, under the law of
1898, there are special arrangements.
In counties under township organization, an assessor is elected
in each town who receives a salary, determined by the town
board of auditors, within limits named in the law; and who has the
power to appoint deputy assessors when necessary. Under the act
of 1898, the county treasurer, in counties under 125,000 population,
acts as supervisor of assessments. It is his duty to assemble the
assessors and deputy assessors in each county, before the" first of
April, for consultation and to give them such instructions as shall
tend to make the assessment uniform in the county. Any assessor
who wilfully refuses or neglects to follow the directions of the
supervisor of assessments (which are in accordance with law) is,
upon conviction, subject to fine or imprisonment.
In counties not tmder township organization, the county
treasurer acts ex o-fficio as county assessor; and is authorized to
appoint deputy assessors.
Until 1898 the original assessment of property in Cook County
was made by town assessors, the city of Chicago forming seven
towns. By the act of 1898 the town assessors in Chicago were
abolished; and there was established a board of five assessors, to
be elected for terms of six years, one or two members being elected
every second year. This board appoints deputy assessors; and for
each town not lying wholly within a city, a special deputy as-
sessor is elected by the town.
By the revenue law before 1898, assessors were required to take
the general oath required of all public officers by the state constitu-
tion. The Act of 1898 prescribed a special and more specific oath
for all assessors, deputy assessors and supervisors of assessment as
follows :
INTRODUCTION 11
I do solemnly swear (or affirm) that I will support the Consti-
tution of the United States and the Constitution of the State of
Illinois, and that I will faithfully discharge all the duties of the
office of assessor, deputy assessor, or supervisor of assessments
(as the case may be), to the best of my ability ; that I will without
fear or favor appraise all the property in said county at its fair
cash value, said value to be ascertained at what the property
would bring at a voluntary sale in the due course of business and
trade; and that I will assess said property when so appraised at
one-fifth [since 1909 one-third] of its said cash value; that I will
cause every person, company or corporation assessed to sign, his,
her or its assessment schedule, and I will administer to each and
every person so signing said assessment schedule the oath thereon,
and return said schedule so signed and file the same with the
county clerk.
The assessor is also required to give a bond to diligently, faith-
fully and impartially perform the duties enjoined by law. Any
assessor who shall refuse or knowingly neglect to perform any duty
required by law, or who connives at any evasion of the provisions
of the Act, is, upon conviction, subject to fine or imprisonment.
Assessments are made as of the first day of April in each year ;
and the original local assessments are required to be made between
that date and the first day of June.
Considerable criticism has been presented to the Special Tax Com-
mission of the local assessing officials, especially under the township
system. Objection is made to the election of the town assessor
so long (about a year) before he makes an assessment; and to the
custom (in some parts of the state at least) of electing a new assessor
just before the quadrennial revaluation of real estate. There is
also criticism of the system of electing assessors by towns,
which places these officials tinder the pressure of local influences to
make low valuations. One suggestion is made that no assessor
should assess the town in which he lives ; while the appointment of
the local assessors by the county supervisor of assessments is also
proposed. The Revenue Commission of 1886 recommended that
township assessors be abolished and that the work of local assess-
ment be placed in charge of a county assessor.
In Cook County, the present plan of a county board of assessors
appears to secure -better results than the former system of town
assessment. It is urged, however, that in counties of this size
assessing officials should not be permitted to engage in any other
business or occupation.
The provision of the law whereby the county treasurer acts as
supen/isor of assessments appears to have brought some improve-
12 INTRODUCTION
ment; and suggestions are made for a more active supervision of
town assessors by the county supervisor, as well as the more
radical proposal to have all the local assessors appointed by the
county supervisor.
County Review and Equalization.
Previous to 1898 town assessments were subject to review b}^
a town board of review, consisting of the town supervisor,
assessor and clerk. But by the Act of 1898, this town board
was abolished; and increased powers over assessments given to
county officials.
In each county there is provided a coiuity board of review. In
counties not under township organization, this consists of the board
of county commissioners. In counties under township organiza-
tion of less than 125,000 inhabitants, it consists of the chairman of
the county board and two citizens appointed each year by the county
judge, one from each of the two principal political parties. In Cook
County a board of review of three members is elected, one member
each second year for a terin of six years.
The powers and duties of the county boards of review are as
follows :
First: To assess all property subject to assessment which has not
been assessed by the assessors.
Second : On complaint in writing that any property described in
such complaint is incorrectly assessed, to review the
assessment and correct the same as shall appear to be just.
Third: To increase or reduce the entire assessment of either real
or personal property, or of any class included therein,
if in their opinion the assessment has not been made
upon the proper basis, or equalize the assessment of real
or personal property by increasing or reducing the am-
ount thereof in any township, on notice to property
owners and the board of assessors.
Fourth : To hear and determine the application of any person who is
assessed on property claimed to be exempt from taxation.
The county board of review meets on the third Monday in June
of each year; and the final adjournment is to be on or before the 7th
day of September.
When the board of review has completed its work, the assess-
ment books of personal property and one set of assessment books
of real property are delivered to the county clerk, who makes out
and transmits to the Auditor of State an abstract of the assessment.
Criticism is made of the organization of the county board of
review, in counties under township organization, on the ground that
INTRODUCTION 13
the yearly appointments promote frequent changes in membership
and prevent the board from becoming to any important degree an
expert body. Terms of three and five years have been suggested;
and another suggestion is made that two members should be non-
residents of the county.
It may further be noted that there is an unnecessary opportunity
for conflict in the county supervision of local assessments between
the county treasurer, as supervisor of assessments, the county clerk,
and the county board of review. If the county treasurer should be
made a member of the county board of review (except in Cook
County) the administrative machinery would be somewhat simpli-
fied, and the original assessment would be more likely to be made in
accordance with the views of the board of review.
The State Board of Equalization.
The last step in determining the taxable valuation of property
assessed by local assessors is the equalization of county valuations
by the State Board of Equalization, which board also makes the
original and final valuation of railroad track and rolling stock of
railroads and the capital stock of Illinois corporations.
As now organized, this board, is composed of the Auditor of
Public Accounts and one member elected from each of the twenty-
five congressional districts for a term of four years. The board meets
in August of each year and continues in session about three months.
Equalization of county valuations is based on the abstracts of the
assessments filed by the county clerk with the Auditor of Public
Accounts. The total assessment of any county may be increased
or decreased under each of the four main classes of lands, town and
city lots, personal property and railroad and telegraph property;
but the total assessed value of all the property in the state may not
be increased or decreased more than ten per cent.
In determining the value of railroad property, the state Board of
Equalization assesses separately the main track (including right of
way and improvements thereon) , second main track, side or turnout
track, and rolling stock ; and the value so determined is then appor-
tioned to the various counties and taxing districts. The assessment
of capital stock is based on the excess of the assessed value of the
stock and bonds over the equalized value of the property of such
corporations otherwise assessed.
The efficiency and success of the State Board of Equalization
will be considered later.
14
INTRODUCTION
Comparisons of Assessed and True Valuations.
It has long been recognized that in Illinois the valuation placed
upon property for taxation has "been only a fraction of its actual
market value, and indeed a diminishing fraction and a smaller frac-
tion of true value than in almost any other state. This long con-
tinued practice was finally given legal recognition in the act of 1898,
which provided that the taxable value should be one-fifth of the fair
cash value; and this legal recognition of undervaluation is con-
tinued in the present law, which provides that the taxable value
shall be one-third of the fair cash value. In practice, however, it
appears that the assessed valuations are much below the proportion
recognized in the law.
In later chapters of this report, some analysis will be made of the
extent of the undervaluation in the assessment of certain classes of
property. At this point, it will be sufficient to call attention to the
figures for the aggregate of property in the State. The Special Tax
Commission has made no detailed investigation for this purpose ; but
the estimates of the true value of property made by the United
States census are probably sufficient for a rough comparison with
the assessed valuations. It should be noted that the census esti-
mates are based only on tangible property; and include nothing
additional for stocks, bonds or credits.
Table 1.
ESTIMATED TRUE VALUE AND ASSESSED VALUATION OF PROPERTY
IN ILLINOIS, 1850, 1860, 1870, 1880, 1890, 1900 AND 1904.
[U. S. Census Reports on Wealth, Debt and Taxation.]
Year
Estimated True Value
Assessed
Valuation of
Total
Exempt
Taxable
Property"
1850
.? 156,265,006
871,860,282
2,121,680,579
$ 119 868 336
1860
367'227'742
1870
480 664 058
1880
$3,210,000,000
5,066,751,719
6,976.476,400
8,816,556,191
786 616 394
1890
1900
1904
186,001,480
256,860,760
282,546,844
4,880,750,239
6,719,615,640
8,534,009,347
808,892,782
809,733,405
1,080,471,992 b
a Reports of Auditor of Public Accounts.
b Corrected figures.
From the above figures, it appears that in 1860, the assessed
valuation of taxable property in Illinois was about three-eights of
the census estimate of the true value of tangible property. By 1870,
INTRODUCTION 15
the assessed valuation was less than a fourth of the census estimates
of true value, and in 1880, the ratio was about the same. In 1890
the assessed valuation had further dropped to a sixth of the esti-
mated true value; and by 1900 the taxable value (now supposed to
be one-fifth of the fair cash value) was less than an eighth of the
estimated true value. In 1904 the ratio was about the same as in
1900.
It is sometimes urged that it makes little difference whether
property is assessed at full value or at a precentage of that value.
But when once a departure is made from the standard of full value,
it appears to be impossible for assessors to adhere to any definite
standard; and the inevitable result of undervaluations is not only
an unnecessary increase in the nominal tax rate, but also marked
variations in the standards of valuation between different classes of
property, different classes of persons, different pieces of property
and different individuals ; and a pronounced violation of the consti-
tutional requirement that taxation shall be in proportion to the
value of property.
Levy and Extension of Taxes.
The rates of taxes to be levied and collected on the basis of the
valuation as finally assessed and equalized are determined by various
authorities. For state taxes, the rate required to meet the amount
voted by the general assembly is annually determined by the
Governor, Auditor and Treasurer, on the completion of the assess-
ment and equalization of property. A state school tax is also pro-
vided for by the school laws. The Auditor computes and certifies
to the county clerks the separate rates per cent to produce the net
amount of State taxes authorized to be levied. The several county
boards are required to determine the amounts of taxes to be raised
for county purposes, annually, at the September meeting; but the
aggregate amount must not exceed 75 cents on the one hundred
dollars valuation of property, except for payment of indebtedness
existing at the adoption of the present State Constitution, unless
authorized by a vote of the people of the county. The proper
authorities of towns, townships, districts and incorporated cities,
towns and villages are required to certify to th6 county clerk, an-
nually before the second Tuesday in August the amounts to be
raised by taxation; and the county clerk estimates and determines
the tax rates that will produce the amounts as authorized by law.
On the basis of equalized and assessed valuations as determined
by the State Board of Equalization, and the tax rates as determined
16 INTRODUCTION
by the various taxing authorities, it is the duty of the county clerk
to prepare the collector's books, extending the valuations and the
various kinds of taxes against each person and each piece of land.
But under the present law the county clerk has to do more than ac-
cept and apply the rates and amounts presented to him by the
several taxing authorities. If the aggregate of the taxes called for
will require a tax rate, in any taxing district, above the maximum
fixed by law, the county clerk must reduce the rates proportionately
so as to bring the highest rate within the maximum limits. The
process of calculating these reductions is distinctly complicated,
since taxes for certain purposes are permitted above the ordinary
maximum, and in making reductions various complex rules, laid
down in the statute, must be observed by the county clerk.
Before 1909 the ordinary maximum tax rate was five per cent;
but the county average rate generally ranged from a minimum of
about three per cent to over seven per cent; while in 1905, the
average rate in Hamilton County was 9.92 per cent on the assessed
valuation. The State average tax rate from 1900 to 1908 ranged
from 4.94 per cent to 6.20 per cent, on a taxable value supposed
to be one-fifth of the full value.
In 1909, with the increase in the legal basis of assessments to
one-third of the full value, the ordinary maximurri tax rate was re-
duced to three per cent ; and the State average rate was 3.85 per cent.
The law regulating the maximum aggregate of tax rates and pro-
viding for reducing rates when necessary is highly complicated ; and
there has been considerable criticism of this law. Owing to its com-
plexity, it appears that invalid tax levies are at times extended on
the books, and the collection of these taxes restrained by judicial
proceedings. It has been suggested that each county should be
authorized to employ a competent attorney as tax commissioner
to see that the tax levies are made as provided by law. Another
proposal is that all taxes should be levied on an order from the
county judge on application from the taxing authorities and after
a hearing, or that there should be a county board of taxation to pass
on the total levy.
Collection of Taxes.
The method of collecting taxes and for recovering delinquent
taxes, and the settlements between the collectors and taxing author-
ities are regulated in detail by statute. In counties under township
organization, taxes are collected by town collectors, the county
treasurer being county collector. In counties not under township
INTRODUCTION 17
organization, the sheriff is both county collector and district col-
lector. Collections are made by the town or district collector; and
the proper amounts paid over to the authorities of incorporated
towns, cities and villages, road and school districts, and (for county
and state taxes) to the county collector, every thirty days. The
county clerk is required to turn over the collector's books on or
before the 21st day of December; and the town and district collec-
tors are required to return the tax books and make final settlement
for the amount of taxes placed in their hands for collection, on or
before the 10th day of March (or some day within twenty days
thereafter fixed by the county collector) . The county collector is to
make settlement with the county board on the third Monday in
June ; and final settlement of his accounts for State taxes with the
Auditor on the first day of July, — ^fifteen months after the work of
assessment is begun.
Some criticism has been made to the Special Tax Commission of
the system of township collection of taxes ; and it has been proposed
that the office of town collector be abolished, and that the county
treasurer shall act as collector.
TAXATION OF CORPORATIONS.
Corporations in Illinois are for the most part taxed under the
general property tax; but with some differences in the method of
assessment. Foreign insurance companies, and the Illinois Central
Railroad are, however, subject to peculiar provisions, under which
they pay a percentage on gross earnings.
With important exceptions, corporations organized under the
laws of the state, are assessed as follows: First, by the local
assessors on their tangible real and personal property ; second, by the
State Board of Equalization on the excess in value of the capital
stock, including the franchise, over that of their tangible property,
and the excess so assessed is certified to the local assessors where the
company is located.
Exceptions to these methods of assessment include railroads,
banks and insurance companies (assessed as described below).
The revenue act also excepts from the capital stock assessment
various classes of corporations (for manufacturing and mercantile
purposes, for the mining and sale of coal, for printing or publishing
newspapers, or for improving and breeding of stock) ; and while the
Attorney General has held- (Report 1906, p. 395), and also the
Supreme Court, that such exceptions are unconstitutional, in prac-
tice no capital stock assessments are made on such corporations.
(2)
18 INTRODUCTION
Shares of stock in foreign corporations are assessable to the
shareholder at his residence.
Public Service Corporations.
The Illinois Central Railroad pays to the state seven per cent
of the gross earnings on its charter lines, as a return for special grants
and privileges and in lieu of taxation.
Other railroads are assessed mainly by the State Board of
Equalization. Local assessors assess all real estate not included in
right of way or "railroad track," and personal property not included
in "rolling stock." The State Board assesses "railroad track" and
"rolling stock," and is supposed to assess the excess value of capital
stock (if any) over the value of tangible property as assessed. The
assessed value of the "main track" and "rolling stock" is apportioned
among the counties on a mileage basis; while the "side track" is
assessed by the State Board where it is located. On these assess-
ments the usual state and local taxes are levied.
Other public service corporations are assessed locally on their
real and personal property ; and by the State Board of Equaliza-
tion on the excess value of their capital stock above the local assess-
ments on their property.
Business Corporations
These are assessable in the same way as public service corpora-
tions other than railroads, locally on their real and personal proper-
ty, and by the State Board of Equalization on- their capital stock,
with the exceptions previously noted. In practice, as noted more
fully later, the capital stock assessments on business corporations
are relatively small.
Financial Corporations.
Foreign insurance companies, other than life, are required
to pay two per cent on the gross amount of premiums received for
business done in the state. This is in lieu of all taxes, state and
local, except on real estate, and except reciprocal taxes. All burg-
lary and casualty insurance companies, domestic and foreign, doing
business in the state, on the mutual plan, are required to pay two
per cent on cash collected as premiums from policy holders residing
in Illinois, in lieu of other municipal or state taxes. These insurance
taxes are collected by the Superintendent of Insurance.
Banks, other than State and National Banks, are taxed on their
moneys, personal property, credits, bonds and stocks, less deposits
and other accounts payable.
INTRODUCTION
19
Shares in State and National Banks are assessed to the share-
holders where the bank is located, on the basis of the book value of
the shares, less deductions for real estate and allowances for un-
collectible accounts.
Mutual building and loan association stock is nominally assessed
to the stockholders, after deducting the value of the real estate.
Table 2.
SUMMARY OF REVENUES OF THE STATE OF ILLINOIS.
Biennial Period, October 1, 1906, to September 30, 1908.
Funds.
General
Property
Tax.
Special
Taxes, Fees,
Etc.
State Treasury Funds —
General Revenue Fund —
Direct State Tax .
$ 9,011,955
09
Illinois Central R. R
Insurance Department
Secretary of State, Fees
Inheritance Tax
United States Government
Interest on Public Funds
Dep't. Fees and Miscellaneous
$2,371,981.56
907,884.45
960,934.88
782,743.49
368,547.89
163,774.71
129,255.66
Total
$ 9,011,955
$ 1,991,563
09
55
$5,685,122.64
State School Fund
$ 293,152.03
State Fish Protection Fund
State Food Commissioner's Fund
12,487.96
3,350.00
Total General Property Tax
$11,003,518
5,994,112
64
63
Total Special Taxes Fees etc
$5,994,112.63
Total State Funds
$16,997,631
2,591,210
27
79
Total State Treasury Funds
$19,588,842
06
Accounts not included in Reports of the State
Treasurer and Auditor of Public Accounts —
Grain Inspection Fees
State Board of Health
State Board of Pharmacy
Board of Dental Examiners
$317,166.35
36,002.50
33,088.35
9,490.59
11 ,538.58
Board of Agriculture
Canal Commissioners
Supreme Court Fees
Prison Industries
State Institutions (Miscellaneous Re-
venue)
75",'492'.'52"
CHAPTER II.
REAL PROPERTY VALUATIONS.
Much the largest share of the general property tax in Illinois falls
on the property classed as real property, including lands and town
and city lots and the improvements thereon. More than three-
fourths of the assessed value "of property assessed by local assessors
is for real property, which is valued at about three and a half times
the personal property. Including the assessment of railroad prop-
erty and capital stock of corporations in the total, real property
assessed by local assessors is still more than 70 per cent of the
aggregate assessed valuation of property in Illinois; and pays a
corresponding proportion of the taxes levied on general property.
Assessment Methods.
The method of assessing real estate is substantially the same as
prescribed in the revenue law of 1872, except for the change made
in 1898, introducing the quadrennial revaluation of real estate.
Under this method less attention is given to the listing of real prop-
erty by the owners than in the case of personal property; and
assessments are made by the joint action of the county clerk and
the local assessors, so as to include every piece of such property in
every taxing district.
Before April 1st of every fourth year (1907, 1911, etc.) the
county clerk is required to prepare for the local assessors a list of
lands and lots to be assessed for taxes, with the names of the owners
as far as possible ; and annually he prepares a list of lands and lots
not previously listed, or which have been subdivided and are not
listed by the proper description. Each assessor is required before
June 1st, in every fourth year, either himself or by deputy, actually
to view and determine as nearly as practicable the value of each tract
or lot of land listed for taxation. In each intervening year the
assessor is required to list and assess all real property not on the
general assessment, to add the value of new buildings or other im-
provements, and to make deductions for any destruction or injury
to any tract or lot.
Under the present law it is provided that real property shall be
valued at its fair cash value, estimated at the price it would bring
(20)
REAL PROPERTY VALUATIONS, 21
at a fair voluntary sale in the due course of trade, which should be
set down in one column, to he headed "full value," and one third
(formerly one-fifth) part of this shall be set down in another, as the
"assessed value." Provision is also made for assessing leasehold
estates and leasehold interests in exempted lands; buildings on the
right of way of any railroad or other company, leased or granted for
a term of years ; and real property on which there is a coal or other
mine, or stone or other quarry; and also defining when lands granted
by the government become taxable.
The original assessments of real property by local assessors are
subject to review and equalization by the county boards of review;
and the aggregate valuations for each county may also be equalized
by the State Board of Equalization.
Assessed Valuations.
The distinction between real and personal property appears in
the reports of assessed valuations for the first time in 1846, follow-
ing the new assessment law of the previous year. But for most
of the next twelve years (until 1858) some counties reported only
the aggregate assessment for all classes of property, and the totals
shown for particular classes are incomplete. In 1850, however, it
appears that the assessed value of real estate ($86, 512,537) was more
than two and a half times that of personal property ($33,335,798).
In 1854, real estate assessments are reported under two headings
as "town lots" and as "lands," about four-fifths of the total of the
real property valuations being for lands. But, until after 1866, the
reports from some counties are often incomplete ; and in particular,
the Cook County figures frequently include town lots in the re-
ported value of lands.
Beginning in 1867, when the State Board of Equalization was
established, the assessed valuations of real estate are reported in
further detail, under the following six heads: improved lands, un-
improved lands, total lands, improved town and city lots, unim-
proved town and city lots, total town and city lots. The assessed
valuation of town and city lots for 1867 was about two-sevenths of
the total assessment for real estate. About two-thirds of the total
acreage of lands was reported as improved, at an average assess-
ment of $6.48 per acre, and of $9.50 including improvements; and
the remainder as unimproved at an average valuation of $4.32 per
acre. The assessed valuation of town and city lots continued to in-
crease somewhat more rapidly than that of lands; and in 1872,
more than one-third of the real property assessments was for lots.
22 REAL PROPERTY VALUATIONS
Under the revenue law of 1872, assessed valuations of all kinds
for 1873, were more than doubled; but town and city lots were in-
creased somewhat less in proportion than either lands or personal
property. Improved lands were assessed at an average of $22.89
per acre, unimproved lands at $8.47; improved town and city lots
at an average of $650.00 each, and unimproved lots at an average
of $124.61 each. From the maximum figures of this year, assessed
valuations of all kinds were steadily reduced in the following years.
The assessment of town and city lots reached a minimum in 1880;
after which the assessed valuation of this class of property increased
both absolutely and in comparison with the valuation of lands.
In 1899, the aggregate valuation of town and city lots exceeded that
for lands; and since 1901, this relative position has been maintained.
Since 1900, the assessment of lands has been increased; and with the
change to the one-third basis in 1909, the assessed valuation of
lands for that year was for the first time as large as that of 1873.
During the past three years the assessed value of improvements
has been reported separately for lands and for lots. A striking con-
trast is shown between the assessed valuation of improvements on
lands and on town and city lots. The assessments for improvements
to lands in 1909 were less than 10 per cent of the assessed value of
improved lands; while the assessments for improvements to town
and city lots were more than 80 per cent of the assessed value of
improved town and city lots. Including the valuation for improve-
ments, the total assessment for town and city lots for 1909 was about
$200,000,000 more than for all lands and improvements; but, ex-
cluding the valuation for improvements, the assessment for lands
was $100,000,000 more than for town and city lots.
These facts indicate strongly that, under present methods of
determining valuations, a tax on land values alone would distinctly
increase the proportion of assessments and taxes on farm lands in
comparison with town and city lots. On the basis of the valuations
of 1909, farm lands have 43.4 per cent of the assessed value of real
property in Illinois locally assessed; while excluding the value for
improvements, farm lands would have about 54 per cent of the
assessed valuation of real property locally assessed.
It should be noted, however, that the improvements separately
assessed appear to include only buildings and other visible and
tangible structures; and that the assessed value of lands and lots,
excluding the assessment for improvements, includes a considerable
value due to other kinds of improvements. Thus, in the case of
farm lands, part of their present value has resulted from expendi-
REAL PROPERTY VALUATIONS
23
ture for roads, clearing, draining and cultivation, for which there is
now no visible structure which can be separately assessed. In the
case of town and city lots, a considerable part of their value is due
to street and other public improvements, paid by special assess-
ments or general taxation. The strictly location value of either
rural or urban land would be only a part of the value now assessed
separateh' from improvements.
Table 3.
ASSESSED VALUATION OF REAL PROPERTY LOCALLY ASSESSED IN
ILLINOIS, 1909.
Unimproved
Improved
Improvem'ts
Total
Lands
$ 43,364,813
$558,036,892
$52,792,417
$654,194,122
R R Lands
796,897
Town and City Lots ....
R. R Lots
89,635,696
416,349,749
343,352,671
849,337,516
4,655,985
$133,000,509
$974,386,641
$396,144,488
$1,508,984,520
The assessed valuation of real property as a whole, in comparison
with that of personal property for the entire State of Illinois, has
shown a comparatively small variation since 1873. (See Table
XVIII, p. 227.) In that year, real property constituted 70.21 per
cent of the total equalized valuation of property in Illinois. In 1874,
this increased to 74.22 per cent; and since then the percentage has
tended to increase slowly to a maximum of 80.96 per cent in 1897.
Since 1900, real property has formed from 79.41 per cent (in 1908)
to 76 per cent (in 1906) of the total assessed valuation of property.
On the other hand, a comparison of the proportionate assess-
ments of real and personal property in the different counties shows
much more marked variations. Thus in 1877, real property formed
86.65 per cent of the total assessment in St. Clair County, but only
52.21 per cent in Jefferson County; in 1896, real property was 88.9
per cent of the total in Lake County and only 59.98 per cent in
Pope County; in 1909, real property was 88.52 per cent of the total
in Putnam County and 57.46 per cent in Lawrence County.
The counties with the lowest percentage of real property assess-
ments are distinctly rural counties, such as Gallatin, Calhoim, Pope
and JoDaviess. On the other hand, the counties with the highest
percentage of real property are usually counties with a considerable
urban or suburban population, as DuPage, St. Clair, and Kane;
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REAL PROPERTY VALUATIONS
25
but in most cases are not the counties with the largest cities and
in some cases are rural counties.
In only one year (1888) has Cook County had the highest per-
centage of real property valuations; although its percentage, until
the past few years, has usually been several points above the state
average.
Undervaluations and Inequalities.
An examination of the assessed valuations from year to year
shows in itself clear indications of large undervaluations, in the
marked decline in the assessment of all classes of property after
1873. In the face of rapid advances in actual valuations, the as-
sessed valuation of lands was steadily reduced, until in 1890 it was
less than half of that for 1873 ; while the stupendous increase in the
actual valuation of city property is but faintly indicated by the
assessment of lots in 1892, becoming equal to that for 1873. Since
1898, the undervaluation of assessments has been to some extent
recognized by the provision that the taxable value shall be only a
fraction of the "full value." But the undervaluation has been
much greater than that provided for by law, as shown by the follow-
ing comparison of the assessed valuation of real estate and improve-
ments with the census estimates of true value for 1890, 1900 and
1904.
Table 4.
COMPARISON OF ESTIMATED TRUE VALUE AND ASSESSED VALUA-
TION OF REAL ESTATE AND IMPROVEMENTS IN
ILLINOIS, 1890, 1900 AND 1904.o
1890
1900
1904
Estimated True Value of Real
Estate and Improvements
Exempt
Estimated True Value of Real
Estate Taxed
$3^294, 042. 440
3,108,040,960
587,442,289
$4,265,537,126
256,860,760
4,008,676,366
568,368,309
$5,468,592,926
282,546.844
5,185,946,082
Assessed Valuation of Real Estate
Taxed
761,039,328
Value of Acre Property Assessed
for Taxation
Assessed Value of Lands (equali-
zed),^
1,821,224,434
265,372,228
2,320,637,707
341,045,854
a Compiled from U. S. Census Report on Wealth, Debt and Taxation, 1907.
6 From Proceedings of the State Board of Equalization, 1900, p. 26 ; 1904, p. 37.
26 REAL PROPERTY VALUATIONS
It appears from the above statistics that in 1890, the assessed
valuation of real estate and improvements was a little less than a
fifth (19 per cent) of the census estimates of the true value of tax-
able real property; in 1900, when the law provided that the taxable
value should be one-fifth of the "full value," the assessed valuation
was only one-seventh (14 per cent) of the census estimate of true
value ; and in 1904, the assessed valuation was only a slightly larger
proportion (14.7 per cent) of the census estimate of true value. That
is the supposed "full value" stated by the assessors was not on the
average as much as 75 per cent of the true value of real estate as
estimated by the census.
As between rural and urban real property the census reports do
not indicate any large variation in the relative degree of under-
valuation. In 1900, the assessed value of "lands" in Illinois was
14.6 per cent of the census estimate for the value of acre property,
while the assessed value of "lots" was 13.8 per cent of the balance
of the census estimate for real estate and improvements. In 1904,
the percentages were much closer — 14.7 and 14.6 per cent — indi-
cating, for the state as a whole, that urban and rural real estate were
assessed on about the same basis.
But a closer examination of the detailed census figures by count-
ies shows that the undervaluation indicated is not distributed pro-
portionately with respect to different counties in the state. The
assessed valuation of real property in Hardin County in 1900 was
19 per cent of the estimated value of such property, and in Franklin
County, 17 J per cent; while in Champaign County the ratio of as-
sessed to estimated true value of real property was 12 J per cent, in
Kankakee County, 11.8 per cent, and in Massac County, only 10.6
per cent. In 1904, the range of variations was somewhat less; but
the assessed valuation of real property in Hardin County was nearly
20 per cent of the estimated true value, while in Will County, it
was but little more than 13 per cent."
These particular illustrations should not be taken as showing the
relative proportion of assessed to true value for these counties at the
present time. But they are evidence that the undervaluations in
assessments are by no means made on the same basis, even on real
property; and that the disproportion in the actual relation of as-
sessed to true valuation in different counties varies to a large extent.
As indicated above, the extremes represented a variation of more
than SO, 'per cent in the basis of assessment in different counties.
a Cf. U. S. Census Report on Wealth, Debt and Taxation (1907) pp. 52, 94.
REAL PROPERTY VALUATIONS 27
The indications of undervaluations and variations in the real
estate assessments shown by the census data, are further evidenced
by complaints made to the Special Tax Commission. These com-
plaints, from various parts of the state, state that the supposed "full
value" placed on real estate by assessors is only from 50 to 75 per
cent of the actual value of property assessed ; and that the fraction
of this "full value" taken for the taxable value is a correspondingly
smaller part of the true value.
Emphasis is laid on the undervaluation and disproportionate
assessment of real property just because this class of property forms
so large a part of the total valuation that these inequalities have a
large effect on the total assessments, and are considerations which
must be taken into account in comparing assessments and true
value in the case of other classes of property. It is shown in other
parts of this discussion that some classes of personal property are
assessed relatively lower than real property; but it is important to
understand that it is only the relatively lower ratio, in comparison
with real estate assessments, and not the absolute ratio between
assessed and true value, which determined the extent of the dis-
crimination in such cases.
Suggested Changes.
Among the suggestions made to the Special Tax Commission
for changes in the tax laws, has been that to substitute a "single tax"
on land values for all other taxes. Another less radical suggestion,
derived to some extent from the ' 'single tax' ' theory, is for a separa-
tion (in real property assessments) of the land values from improve-
ment values, with an adjustment of the taxes on improvement values
with reference to the annual returns. Complaint is also made that
coal, oil and other mineral lands, held for speculative purposes, are
not taxed on their full value.
Independent, however, of any changes that may be proposed in
the principles of the assessment and taxation of real property, large
improvements can be made in the administration of the assessment
system. In view of the large share of the tax burden now borne
by real property, and likely to be continued under any system of
taxation, the importance of securing the most efficient and equitable
system for the assessment of such property can hardly be over
estimated. What is needed is more responsible and more expert
assessing officers, with a knowledge of values, who will make their
assessments on a luiiform and systematic basis. To secure the
largest results, it would seem to be necessary to change radically
28 REAL PROPERTY VALUATIONS
the method of selecting local assessors, so as to eliminate political
and local influences, by making such officers appointive, for longer
terms and for larger districts; while it should not be impossible lo
secure competent officials by selecting them under the merit system
on the basis of competitive tests of the qualifications needed. There
is also need for better trained and more expert supervision over the
local assessors.
In a paper read before the International Tax Conference of 1909,
on Uniform Listing of Real Estate, Mr. L. G. Powers, Chief Statisti-
cian of the Census, urged that there should be prepared a cadaster
of all real estate, under the following classification :
(1) Under cultivation or being used for meadows ; (2) not under
cultivation, but capable of being plowed; (3) covered with a heavy
growth of timber ; or (4) with orchards ; (5 ) acres properly classed as
waste land because incapable of cultivation or of growing timber;
(6) mineral land; (7) quarry lands; (8) land containing oil, gas or
other deposits ; and (9) city and town lots. "
Mr. Powers also favored the separate valuation of lands and of
improvements apart from the lands, or still better, as is provided in
the charter of New York City, showing separately the value of the
land if wholly unimproved, and its value with the improvements, if
any, thereon. It may be shown that, while under some circum-
stances the value of land and improvements is equal to the value of
land plus that of the improvements, under certain conditions,
buildings and other improvements do not add as much as their cost
to the selling value of the land.
In New York City an excellent system of real estate maps and
methods for determining values — on the basis of unit land values
based on recent sales and factors of values for buildings — has been
developed by means of a competent staff with a secure tenure.
Some of the deputy tax commissioners in that city have served the
city for ten to twenty-five years; and Mr. Lawson Purdy, President
of the Department of Taxes and Assessments, states that no such
results could be accomplished as have been, if the tenure of office
were short and uncertain.''
The unit plan for the valuation of real estate appears to have
been first used in St. Paul, Minn., in 1896; and has since been
adopted in New York City and in a number of Ohio cities. For each
city block, the land value is determined for each unit of area (cover-
ing a fixed frontage and the normal depth of city lots) ; and the
o International Tax Conference, 1909, p. 326.
6 Report of the Dept. of Taxes and Assessments, 1909, p. 79
REAL PROPERTY VALUATIONS 29
value of each lot is determined with reference to the unit values,
with scales of computation for comer lots and those of irregular size-
aiid shape. The valuation of improvements is likewise determined
on the basis of unit values for different classes of structures.
In a number of States where State Tax Commissions have been
recently created, an important part of their work has been in bring-
ing about an improvement in the methods and results of the local
assessment of real estate. An important purpose in the establish-
ment of these Tax Commissions has been to secure the assessment
at full value of the property of railroads and other public service
corporations. But it has been felt that this could only be done
justly on the basis of a similar assessment of other property at full
value; and thus these Commissions have usually been given im-
portant powers of supervision over local assessors, with authority
to see that all taxable property is placed on the rolls at its true cash
value.
Under this authority, the State Tax Commissions, especially in
Wisconsin, Michigan and Kansas, have applied systematic and
expert methods, which were probably beyond the ability and
capacity of most of the local assessors. Investigations were made
of the recorded prices of the actual sales of land, with examinations
by special agents as to whether the recorded price represented the
true value of the property ; while for determining the value of mineral
and timber lands special appraisers were employed. By such
methods these State Tax Commissions have secured a series of cor-
rected valuations of property actually sold, as a basis for determin-
ing the value of lands within each assessment district, and the ratio
between the local assessed valuation and the true value.
These methods of state supervision have secured an undoubted
improvement in the local assessments in these states. Yet the
State Commissions report that the local assessors still fall con-
siderably short of the standards established by statute; and the
Wisconsin Commission has asked the question whether a just
assessment can be secured so long as this work is in the hands of
officials chosen by and chiefly responsible to the local district in
which their duties are to be performed."
TAXATION OF INCREASED LAND VALUES.
Without attempting to discuss the arguments for and against the
extreme proposal t'o substitute the taxation of land values as the
a Report Wisconsin Tax Commission, 1907, p. 170.
30 REAL PROPERTY VALUATIONS
single method of taxation in place of all other taxes, attention may
' be called to more moderate plans for securing public revenue from the
increase in land values, some of which have been put into operation.
Professor H. J. Davenport, now of the University of Missouri,
urges that despite serious faults of method, there is a great and
important truth at the heart of the single tax doctrine; and that,
limited strictly to location or position rents, and excluding fertility
or other removable values, society should assert the claim to all
future increments in agricultural lands, urban property and public
utilities. He holds, however, that this appropriation must be worked
out, not by a tax on the capitalized present worth of the rental in-
come ; but by direct process against the rental income itself ."
On the other hand, both in Germany and in England, the taxa-
tion of the increase in the capitalized value of land has now been
definitely established; and in a number of German cities such an
increment tax has been in force for several years .
Increment Tax in Germany.
The taxation of the increment of land values was first attempted
in a practical way in Germany. A tentative step was taken in 1898
in the German Colony of Kiautschou in China; but this attracted
little attention. More general interest was aroused when, in 1904
and 1905, the two important cities of Frankfort and Cologne enacted
ordinances for the taxation of the increase in land values. These
have been followed by a considerable number of municipalities, in-
cluding both large and smaller cities. Dortmund and Essen adopted
the new tax in 1906; Breslau and Kiel in 1907; and Hamburg in
1908. Among the smaller places may be mentioned Liegnitz,
Mulheim a. Rhein, Malstadt Burbach, Marburg, Jena, Osnabruck
and half a dozen of the smaller suburbs of Berlin, (including Weis-
sensee, Gross-Litcherfelde, Pankow and Reinickendorf ) . In Berlin
itself, the Board of Magistrates in 1907 proposed the introduction of
the tax; but the project was defeated through the influence of the
House and Land Owners Association in the Municipal Council.
In July, 1909, the increment tax was in force in fifteen of the
forty-one German cities of more than 100,000 population, and in at
least forty smaller places .^ In all the more important states of
the Empire, the higher administrative officials have given attention
to improving the details of the tax.
a First Conference on State and Local Taxation, p. 294.
b A, N. Holcombe, in Quarterly Journal of Economics, Vol. 24, p. 194, (Nov.
1909).
REAL PROPERTY VALUATIONS . 31
The several local tax ordinances vary not a little in details ; but
certain main features appear in all of them. The object upon which
the tax is levied is the unearned increase of value of real estate.
From the total increase in value, as measured by the differences be-
tween the price at a transfer and the price or value at a previous
change of ownership, deductions are allowed for the expense of
permanent improvements, street building and sewer connections,
transfer charges, and sometimes for other expenses. There are
certain exemptions, both for some kinds of transfer (as inheritances
or judiciary sales) and for small increases in value. The tendency
is to tax increases in value of vacant land more highly than those of
land which is built upon. Special provisions are often made for a
lower tax or for exemption, where the preceding transfer oc-
curred a good many years ago. The increment tax is always levied
on the principle of progression — at a higher rate for the higher
proportionate increase in value. Minimum rates are from 3 to 10
per cent; maximiun rates are from IS to 3-0 per cent."
The rapid adoption of the increment tax in the German cities in-
dicates that this form of taxation has appealed to the conservative
officials and members of councils in that county, in spite of the
opposition of real estate owners, a class which exercises a strong in-
fluence in municipal government. The tax has, however, been in
force for too brief a period to demonstrate very clearly what the
effective results will be. From the table below, showing the pro-
ceeds of the tax in half a dozen of the larger cities, it will be seen that
the revenue shows wide fluctuations ; and it forms as yet but a small
fraction of the income of any city. The largest amounts are for
Frankfort on the Main (1,104,997 marks in 1906) and Hamburg
(1,500,000 marks for 1908).
The Imperial Government of Germany has incorporated the
increment tax in the new finance legislation of 1909. One of the
financial measures passed on July ISth of that year provides that
the Empire shall receive twenty million marks from such a tax by
1912. Cities in which the increment tax was in operation before
April 1, 1909, will be compensated for five years after the Imperial
Act, goes into effect by an amount equal to the average annual
yield of the municipal tax prior to April 1, 1909. But these com-
pensating payments will be made only from surplus to be realized
over and above the twenty millions to be collected for the Imperial
Treasury.*
a R. Brunhuber, in Quarterly Journal of Economics, Vol. 22, p. 83, (Nov. 1907).
b A, N. Holcombe, in Q. J. E., Vol. 24, p. 197.
32
REAL PROPERTY VALUATIONS
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REAL PROPERTY VALUATIONS 33
New Land Taxes in Great Britain.''
The British Budget for 1909-10 (which finally became law April
29, 1910), provides for new taxes on the increment of land values, on
the site value of undeveloped land and on mineral rights.
A valuation of all real property in the United Kingdom is to be
made, as from the 30th of April, 1909; and on any increment value
accruing after that date a tax or duty of one-fifth (20 per cent) of
that value will be taken on the occasion of a transfer, or a lease of
more than fourteen years, and when on account of death the land
passes to a new owner, or every fifteen years in the case of land
owned by incorporated or unincorporated associations. The in-
crement value is the increase in value by any other cause than the
landowner's own labor or capital; but the first ten per cent of this
"unearned increment" is not to be taxed, nor will the increment
duty be charged "in respect of agricultural land while that land has
no higher value than its value for agricultural purposes." This tax
is expected to fall mainly on urban building land and mining lands.
Another tax, called a reversion duty, of ten per cent, will be
charged on the benefit accruing to a lessor on the determination of a
lease of over 21 years.
A third provision imposes an annual duty of one-half penny in
the pound (about two mills on the dollar) on the capital site value of
imdeveloped land exceeding in appraisement $50.00 an acre.
The mineral rights duty is imposed at the rate of five per cent on
the rental value of all rights to work minerals and of all mineral way
leaves.
a Parliamentary Debates, 1910, Fifth Series, Vol. 16, 1903 £f.
(3)
CHAPTER III.
PERSONAL PROPERTY ASSESSMENTS.
What is Taxable.
The revenue laws of Illinois provide for the assessment and tax-
ation, subject to certain exemptions, of
All personal property in this State.
All moneys, credits, bonds or stocks and other investments, the
shares of stock of incorporated companies and associations, and
all other personal property ; including property in transitu to and
from this State, used, held, owned or controlled by persons
residing in this State.
The shares of capital stocks of banks and banking companies
doing business in -this State.
No general definition of personal property is given in the Illinois
statutes ; but the revenue law provides for the listing of schedules of
such property under a long catalogue of items. The statement of
assessed valuations for 1860 published in the Report of the Auditor
of Public Accounts shows fourteen different items; but the number
was more than doubled in the revenue law of 1872, a few items have
since been added, and the law now calls for a schedule of thirty-six
items or distinct classes of personal property. The list of items as
given in the statutes and schedules is not well classified; and a clearer
idea of what is covered may be gained by grouping them as follows:
(a) Tangible, productive property: — including various classes
of live stock (horses, cattle, mules and asses, sheep and hogs) ; agri-
cultural tools, implements and machinery; manufacturers' tools,
implements and machinery; material and mantifactured articles,
merchandise, grain, carriages and wagons, steam engines and boilers,
fire and burglar proof safes, billiard tables, steam boats and other
water craft, pawn brokers' property, property of corporations not
enumerated, bridge property, property of saloons and eating
houses.
(b) Tangible property, not ordinarily productive: — including
household furniture in general, and also specific enumeration of
pianos, melodeons and organs, sewing and knitting machines, gold
and silver plate and plated ware, diamonds and jewelry, and watches
and clocks.
(34)
PERSONAL PROPERTY ASSESSMENTS 35
(c) Intangible property :^ — including moneys of bank, banker,
broker or stock jobber; credits of bank, banker, broker or stock
jobber; moneys other than bank, banker, etc.; credits other than
bank, banker, etc. ; bonds and stocks, shares of stock of companies
and associations not incorporated by the laws of this State, invest-
ments in real estate and improvements thereon, shares of state and
national banks, franchises, annuities and royalties, patent rights and
all other personal property. Certain deductions for debts are
allowed from credits.
In addition to the regular schedule of personal property, the
revenue law also provides specifically that certain articles and in-
terests shall be listed and assessed as personal property, as follows :
the sum paid on contract for the purchase of real estate, exempt in
the hands of the holder of the fee, until the fee is conveyed; money
secured by a deed for real estate; the stock of nurseries, to be listed
and assessed as merchandise; gas mains and pipes laid in roads,
streets or alleys; and the track, road or bridge of street railroad,
plank road, gravel road, turnpike or bridge companies.
Where Listed and Assessed.
Except as otherwise provided, personal property is listed and
assessed in the cotmty, town, city, -village or district where the
owner resides. But there are a large number of exceptions provided
in the statute, covering most of the tangible productive property.
The capital stock and franchises of corporations and individuals,
except as otherwise provided, are listed and taxed where the princi-
pal office or place of business is located in the State. Live stock
and other farm property is listed and assessed where the farm is
situated, although the owner does not reside there. The property
of manufacturers and others in the hands of agents is listed and
assessed at the place where the business of the agent is carried on.
Property in transitu is listed and assessed where the owner resides;
but if intended for a business, is required to be listed where such
business is. The personal property of gas and coke companies,
except pipes laid down, and the personal property of street railroad,
turnpike and bridge companies, is to be listed and assessed where the
principal works, or place of business, are located; but gas mains and
pipes laid in roads, streets and alleys, and tracks, roads or bridges,
are to be listed and assessed in the district where laid. Horses,
stages, and other personal property of stage, express and transporta-
tion companies, are listed where they are usually kept. The amount
paid on a contract for the purchase of lands, exempt in the hands of
36 PERSONAL PROPERTY ASSESSMENTS
the holder of the fee, is to be hsted and assessed where the land is
situated.
The personal property of banks, bankers, brokers, stock jobbers,
insurance companies (excepting, since 1905, life insurance companies
incorporated in this state), hotels, livery stables, saloons, eating
houses, merchants and manufacturers, ferries, mining companies,
and companies not specially provided for, is to be listed and assessed
in the county, town, city, village or district where their business is
carried on, except property liable to assessment elsewhere in the
hands of agents. Steamboats or other water craft are to be listed
for assessment and taxation where they belong, or are enrolled,
registered or licensed, or where kept, when not enrolled registered
or licensed. ,
These provisions leave mainly household and personal effects
and intangible property owned by individuals subject to assessment
where the owner resides.
If an owner of personal property moves from one taxing district
to another during the time of the assessment, he shall be assessed in
the district where he is first called on by the assessor. If he moves
into this state from another state during this period, he must list
his property, unless he can make it appear to the assessor that he is
held for tax of the current year on the property in another district.
Where any question arises as to the proper place to list personal
property, if between several places in the same county, the place
shall be determined by the county board; when between different
counties, by the Auditor of Public Accounts.
How Listed and Assessed.
The revenue law provides that every person of full age and
sound mind, being a resident of this state shall list all his moneys,
credits, etc., and other personal property, and also all personal
property controlled by him as agent or attorney, or on account of
any other person. Provision is also made for listing the property
of minor children, idiots or lunatics, wives, trust estates, corpora-
tions, firms and so forth.
It is further provided that persons required to list personal
property shall make out, under oath, and deliver to the assessor a
schedule of the numbers, amounts, quantity and quality of all per-
sonal property in their possession or under their control, required
to be listed for taxation by them. Any person so required to list
personal property, who shall refuse, neglect or fail, when requested
by the proper assessor, so to do, shall be deemed guilty of a mis-
PERSONAL PROPERTY ASSESSMENTS 37
demeanor, and on conviction thereof, shall be fined in a sum not
exceeding two hundred dollars.
Assessors are to call at the office, place of doing business or resi-
dence of each person required to list property, and require such
person to make a correct statement of his taxable property, in the
form prescribed, to be signed and sworn to. If any person is sick
or absent when the assessor calls, he is to leave a notice calling for
the schedule required by law.
Whenever the assessor fails to obtain a statement of personal
property from any cause, it is his duty to ascertain the amount and
value of such property and assess the same as he believes to be the
fair amount and value thereof. If any person refuses to make the
schedule under oath, then the assessor shall list the property of
such person according to his best judgment and information, and
shall add to the valuation of such list an amount equal to fifty per
cent of such valuation.
The original assessments of personal property are subject to
review by the county board of review, and the total county as-
sessment is subject to alteration by the State Board of Equaliza-
tion.
There are no reports to the state officers showing the total num-
ber of persons with personal property assessed for taxation, or the
number of assessments based on schedules in comparison with the
number made by the assessors. A published list of personalty
assessments for the town of Urbana for 1910, contains about
2,000 names, in a population of 10,000, and the assessments range as
low as $8.00 in one instance. It would appear that in this case the
assessor had been reasonably diligent in making some assessment
against every one subject to taxation.
Personal Property Assessments.
The aggregate assessed valuation of personal property in Illinois
has followed in the main the general tendencies in the assessments
for the general property tax, with few striking features. It seems
clear here, as in other states, that there is a large proportion of such
property legally taxable which escapes assessment ; but at the same
time the proportion of personalty assessments in Illinois sho^^•s no
such marked decline as in other highly developed industrial states.
In 1860, the aggregate personalty assessments in Illinois were
$88,884,115, or 24% of the total assessed valuation of real and
personal property. In 1909, the assessed taxable value of personal
property locally assessed was $433,207,831, or 22% of the -taxable
38 PERSONAL PROPERTY ASSESSMENTS
value of real and personal property assessed by local assessors.
But the increase in the aggregate valuation has not taken place at a
uniform rate, and there has been some variation in the percentage
of personalty assessments to the total. In 1873, when the powers
of the State Board of Equalization were increased, local personalty
assessments increased from ^112,213,357 to $304,518,340 (which
was a somewhat greater relative increase than that in real estate
valuations). After this, personalty assessments, (like those of
other property) gradually declined to a minimum of $114,215,007,
in 1898, which was only 16% of the total local assessments for that
year. In 1899, there was a sharp increase to $183,526,986, and to
20% of the total local valuations, with the introduction of the law
providing that the taxable value should be one-fifth of the assessed
full value. And in 1909, with the change in the basis of assess-
ments from one-fifth to one-third, the personalty valuations were
increased from $243,583,621 to $433,207,831, in about the same
ratio as the increase in other local assessments.
Further information as to the distribution of personal property
assessments between the various classes and items of such property
is shown in table v (pages 210-211), Personal Property Assessed for
the years 1861, 1873, 1888, 1898, 1899 and 1909.
In 1861, four-fifths of the entire assessment of personal property
was on tangible property, practically all of this on productive prop-
ert}' and two-thirds of it on live stock. Only one-fifth was on
intangible property. The distribution of personalty valuations
remained in about the same relative position, until the sudden in-
crease of assessments in 1873, under the new revenue law of the
previous year. All classes of personal property showed a much
greater assessment ; but the most striking changes were in the ad-
ditions to tangible unproductive property. Intangible property
was now about one-fourth of the total personal property assess-
ment.
The three main groups or classes of personal property retained
about the same relative proportions until in 1899, under the law
providing that one-fifth of the assessed full value should be taken
as the taxable value. Most of the aggregate increase in personalty
assessments that year were in the items of intangible property, the
assessed valuation of which was more than doubled, bringing the
valuation of intangible property from one-fourth to one-third of the
aggregate personalty assessments.
Since 1899, the proportion of personalty assessed directly under
the items classed as intangible property has remained about the
PERSONAL PROPERTY ASSESSMENTS 39
same. But the assessed valuation of tangible property has beconw^
relatively less; and in 1909, was only about one-third of the aggre-
gate personalty assessments. This is due to the marked increase
both in amount and relative proportion of the assessments under the
vague phrase of "other property." This item, formerly a small
fraction of the total, has increased to $130,057,874 in 1909, or about
30% of the total. About 85% of this amount ($112,888,473) is in
Cook County. This item is evidently used for lump sum assess-
ments made against persons for whom no schedules have been filed ;
and there seems no way of indicating at all accurately how much
should be assigned even to each of the three main groups or classes
of personal property. A considerable part of it, however, may
represent intangible property; and such property must now repre-
sent more than a third of the total personalty assessments, as com-
pared with one-fifth in 1861, and one-fourth in 1873.
In the accompanying table (No. 6) a comparison is made, so
far as possible, of the assessed valuation of various classes of proper-
ty with the census estimates of the true values for the years 1900
and 1904. These statistics indicate that personal property as a
whole, is undervalued for taxation more than real estate — the
assessed'valuation of real estate being between 13 and 14 per cent
of the estimated true value, while the assessed valuation of personal
and other property is only from 9 to 10 per cent of the estimated
true value of tangible personalty.
Examining the particular classes of property, the assessed valu-
ation of live stock appears to be nearly the same proportion of esti-
mated true value as in the case of real estate. But the assessed
value of farm implements and machinery is much smaller (about
five per cent of the estimated true value) ; while the assessed valua-
tions of the miscellaneous group which includes several classes of
public service properties, various classes of merchandise and
furniture, clothing and personal adornments, is also little more
than five per cent of the estimated true value. The assessed valua-
tion of manufacturing machinery, tools, etc., is only about one and
a half per cent of the census estimates of the value of such property.
40
PERSONAL PROPERTY ASSESSMENTS
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PERSONAL PROPERTY ASSESSMENTS 41
Tangible Personal Property.
As already indicated, the assessment of tangible personal prop-
erty in Illinois has declined in proportion to the assessment of other
personal property, and also in proportion to the assessment of real
estate. In 1873 and before, the assessment of tangible personal
property was about two-thirds of the total personalty assessments,
and about one-sixth of the total assessed valuation of property by
the local assessors. In 1909, the assessment of separate items of
tangible personalty was but little more than one-third of the total
personalty assessments and hardly one-twelfth of the total valua-
tion by local assessors.
A comparison of ratios, as given above, indicates more clearly
the relative changes in the assessments of tangible personalty than
the statistics showing the valuations. But it may also be noted
that, while the recent increase in the basis of valuations from one-
fifth to one-third has increased the taxable valuation of tangible
personal property, the total taxable valuation of such property for
1909 was considerably less than the assessed valuation for 1873.
The lower valuations' for 1909 are especially noticeable in the case
of live stock and carriages and wagons, where the taxable valuations
are less than half those for 1873.
An examination of the detailed tables showing the valuations by
counties, as printed in the reports of the Auditor of Public Accounts,
confirms complaints made to the Special Tax Commission of the
general practice of undervaluation and the wide range of variations
in the valuation of particular items as between different taxing dis-
tricts. The statement published in the Proceedings of the State Board
of Equalization for 1909, shows that the average county valuation of
horses varies from $14.55 in Clinton County, to $31.31 in Johnson
County; that of cattle from $5.78 in Alexander Coimty, to $11.12
in Cass County; watches and clocks from 97 cents in Clinton County,
to $5.65 in Cook County; and pianos from $19.91 in Rock Island
County, to $41.80 in Hardin County. Similar variations are re-
ported in the average valuations by townships in the same county;"
while even where the assessors within a county use about the same
average rate, there are important differences between the assess-
ments for similar articles in neighboring townships which lie in
o Thus in 1910, the average assessment on horses in Shelby County was $107.00
in Richland Township, and $59.00 in Dry Point. In Whiteside County, the
average assessment on carriages and wagons was $56.09 in Mt. Pleasant Town-
ship, and $8.73 in Erie Township; on sewing machines the average assessment
varied from $10.43 in Fulton to S3. 08 in Prophetstown ; and on pianos from
$45.44 in Montmorency to $93.97 in Genessee.
42 PERSONAL PROPERTY ASSESSMENTS
different counties. It is reported, too, that some assessors cut down
the number of horses, cattle, etc., assessed, so as to show a higher
average rate for each animal.
Various suggestions have been made to the Special Tax Com-
mission for changes in the listing schedule; and an examination of
the assessed valuations by items indicates also where some changes
could be made, for the' most part in the direction of simplification.
The small amounts assessed in the aggregate for such items as fire
and burglar proof safes, billiard tables, melodeons and organs, and
sewing and knitting machines, show that their separate enumeration
adds no appreciable amount of taxable property; and such items
might well be consolidated with others. So too, gold and silver
plate, diamonds and jewelry and watches and clocks might well be
combined in one item.
On the other hand, if the listing system is to be continued,
some additional items might be inserted, as more important than a
number of those now scheduled. Thus, some additional taxable
property would, perhaps, be assessed if automobiles, dogs and poul-
try were enumerated as distinct items, and if "household and office
furniture" were divided into "household furniture" and "office and
store furniture and fixtures," the latter to include safes and billiard
tables.
It may also be noted that in about a third of the states (including
Wisconsin, Michigan andKentucky),household furniture, to amounts
ranging from $150 to $1 ,000, are exempt from taxation. The assess-
ed valuation of less than $20,000,000 for such property in Illinois in-
dicates that the assessments are so small a fraction of the actual
value as to give a large exemption in practice.
INTANGIBLE PERSONAL PROPERTY.
In contrast with the relative decline in the taxable value of tan-
gible personalty, the assessment of intangible personal property
in Illinois has shown a notable increase both in aggregate amount
and in relation to the assessed valuation of other property. Except-
ing the rather vague item of "other property," the taxable valua-
tion of moneys, credits, bonds and stocks and other items classed
as intangible property has increased from a fourth of the total per-
sonalty assessments in 1873, to one-third in 1909; and the aggre-
gate taxable valuation of such property was in 1909 about double
that in 1873.
At the same time, the most numerous complaints made to the
Special Tax Commission have been in regard to the assessment of
PERSONAL PROPERTY ASSESSMENTS 43
moneys and credits, and more especially of mortgages. On the one
hand, many complaints have been made of the failure to assess such
property ; and on the other hand, are complaints — sometimes by the
same persons — of double taxation involved in the taxation of mort-
gaged property and of notes secured by such property. Various
suggestions have been made of methods intended (a) to secure a
more complete assessment of moneys in bank and of loans secured
by mortgage or trust deed, (b) for the reduction of assessments on
mortgaged property and (c) for special taxes on mortgages such
as are in force in a number of states.
These varying and conflicting views make necessary an examina-
tion of the situation in regard to the assessment and taxation of
mortgages, credits and other intangible property; and also of the
methods employed in other states in regard to the taxation of such
property.
In beginning such an examination it is important to understand
the opposing views, expressed on the one hand in the statutes and
judicial decisions, and represented on the other hand by those who
consider the taxation of mortgages, credits, etc., under the gen-
eral property tax, as double and inequitable taxation.
As noted above in the general discussion of personal property
assessments, the revenue law of Illinois distinctly specifies credits
as a class of property to be assessed and taxed in the same way as
tangible property. Each person is asked to assess himself by listing
his credits for taxation, with certain deductions allowed for debts,
and to swear to the truth of the list ; while the assessors are also re-
quired to take oaths as to the performance of their duty in making
&,ssessments. Moreover, the courts have sustained the statutes by
holding mortgages and other credits to be property, subject to taxa-
tion apart from and in addition to the tangible property given as
security for the debt. It has even been held that an unsecured
promise to pay for goods not yet delivered constitutes property.
In direct conflict with the legal theory, it is urged by many that
in a correct economic sense, shares of stock, bonds, promissory notes,
and obligations of other kinds, are not in themselves property, but
are simply a series of claims, either on some definite physical proper-
ty or for a definite value out of the general mass of physical property.
It can be readily shown that every credit due is equalled by a corres-
ponding debt; and the aggregate of credits and debts must balance.
And for this reason estimates of the aggregate wealth of the commun-
ity, such as those made by the United States Census, never attempt
to include credits over and above the value of physical property.
44 PERSONAL PROPERTY ASSESSMENTS
What is true of credits, it may also be urged, is true also to a large
extent of what is included in the term "moneys." Money deposited
in bank is in one sense a credit due by the banker to the depositor;
and in turn these deposits are loaned out to others ; while practically
all banking transactions are accomplished by checks and accounting
entries, with the actual use of but a small fraction of tangible cur-
rency. Even currency for the most part consists of paper promises
to pay, or certificates representing coin or bullion; and the amount
and proportion of tangible specie actually handled in the financial
transactions of today, is but an infinitesimal part of the amounts
indicated in the accounts and reports.
According to such arguments, the taxation of mortgages and
credits involves "double taxation" of the same property, or perhaps
its taxation three or more times. It must also be admitted that this
reasoning has much cogency; although its acceptance would still
leave many difficulties in attempting to adjust taxation between
creditors and debtors, and between the rival claims of different tax-
ing districts.
Nevertheless, the view of the courts that credits are property
subject to taxation cannot be ignored. It must also be admitted
that, to the ordinary man and to the popular mind, securities such as
stocks, bonds and mortgages, and even simple credit, constitute a
purchasing power and source of income, which should bear its share
of the tax burdens of the community.
Besides the radical objections to the whole theory on which the
taxation of credits and intangible property is based, there are other
serious difficulties found in the actual administration of the laws
for the assessment and taxation of such property, which must be'
recognized and considered. From the point of view of the owner
of bonds and mortgages, it is urged that interest rates on such secur-
ities are low, just because they have seldom in practice been taxed
to any large extent ; and that to tax them at their full value at the
rates now imposed (especially in cities) will take from one-third to
one-half of the income; while rentals on real estate are adjusted with
reference to the rate of taxation, so as to yield a fair return after
deducting the taxes. These conditions, in connection ^\'ith the
general arguments noted above, explain why the holders of such
securities consider themselves justified in avoiding the assessment
and taxation of their holdings. At the same time assessing officials
have no means of determining the amount of notes, mortgages and
securities held by any individual, except his own statement; and
if they undertake to make assessments at anything like what is
PERSONAL PROPERTY ASSESSMENTS 45
supposed to be the full extent of such holdings, it is only to learn a I
the next assessment that the owner has changed his investments
into securities (such as United States bonds, Illinois Central stock,
etc.) \^^hich are exempt from taxation, or that he has changed his
residence to some other district or perhaps to another state. Under
these conditions, the results in all parts of the country have been
that hot more than a small fraction of the value of stocks, bonds and
mortgages are ever assessed for taxation under the general property
tax.
Mortgages and Credits.
In examining table vi (pages 2 1 2-2 1 3 ) showing the assessed valu-
ation in Illinois of credits and of moneys of other than banker, broker,
etc., by years, from 1873 to 1909, the decline in valuations from 1873
to 1897, should be considered in connection with the general decline
in all assessed valuations (including real estate and tangible per-
sonalty) during these years; and the marked increases in 1899 and
1909 are likewise due in considerable part to changes in the bases of
assessments applying to all classes of property. These factors
explain to some extent, the wide fluctuations; but even after making
allowances, the assessed valuations in this table are affected by
special variations in the assessment of credits and moneys.
The term "credits of bank, banker, broker, etc." as defined by
law, means the result, if any, obtained by subtracting all deposits
and all accounts payable from all loans and discounts and over-
drafts. This balance is not a large one, and is subject to consider-
able variations from day to day, which make it difficult to compare
accurately the assessed valuations with the published bank reports.
A comparison of conditions at two dates (one in 1893 and one in
1900) indicated, however, that there was little or no evasion under
this heading."
The term "credits of other than bank, banker, broker, etc." in-
cludes all claims or demands for anything of value (except money on
deposit), not counterbalanced by debts, which are owned by persons
not included under the definition of "bank, banker, broker or stock
jobber." It therefore should include all notes secured by mort-
gages, as well as other credits, of residents of Illinois, subject to
deductions for debts.
a R. M. Haig: Taxation of Mortgages and Credits in Illinois since 1870, pp.
39-53. Mr. Haig estimated that the assessed valuations for 1893 were only about
two-fifths of the net taxable credits as calculated from the bank reports; but
this was probably at least as high a valuation as any other class of property at
that time.
46
PERSONAL PROPERTY ASSESSMENTS
Assessed valuations under this heading for the State of Illinois
fluctuate in about the same ratio as those for tangible personal
property, increasing, however, rather more rapidly than tangible
personaltv during the past ten years. At the same time, a detailed
investigation of mortgage statistics made by the Bureau of Labor
Statistics in 1888 indicated that such mortgages were many times
the total assessments for credits of other than banker, etc.
The table below shows the Bureau of Labor estimate of the
mortgage indebtedness in force in Illinois for the years 1870, 1880
and 1887. These estimates were based on the statistics of mort-
gages recorded for these years, multiplied by the average length of
term.
Table 7.
ESTIMATE OF OUTSTANDING MORTGAGES IN ILLINOIS, COOK COUNTY
AND ALL OTHER COUNTIES, 1870, 1880,1887.
[Compiled from Report of Bureau of Labor Statistics, 1
1870
1880
1887
State of Illinois —
$119,690,312
170,980,907
13,762,541
$108,247,959
76,599,928
11,808,187
$142,400,300
Lots
238 922 039
Personal Property
20,730,779
Total
$304,433,760
$196,65.6,074
$402 053 118
Cook Coiinty —
Lands
$ 23,969,309a
148,748,059a
6,384,932a
$ 4,722,722
55,315,340
4,118,692
$ 18 667 202
191 496 506
Personal Property
10,439,522
Total
$179, 102, 300a
$ 64,156,754
$220 603 330
All other counties —
Lands
$ 95,721,003
22,232,848
7,377,609
$103,525,237
21,284,588
7,689,495
$123 733 098
47 425 533
Personal Property
10,291,257
Total
$125,331,460
$132,499,320
$181,449,888
The total amount of outstanding mortgages is, however, larger
than the amount subject to taxation. Mortgages for deferred pay-
ments are subject to deductions for debt before assessments;
mortgages to non-residents of Illinois are not assessable in this state ;
a 1875; Records of 1870 destroyed by fire.
PERSONAL PROPERTY ASSESSMENTS
47
and mortgages to banks, brokers, etc., are not included in the tax
schedule item of "credits of other than banker, broker, etc." Mak-
ing allowances for these classes of mortgages, the following com-
parison has been made of the estimated amount of mortgages sub-
ject to taxation and the assessed credits of other than banker,
broker, etc., for the years 1880 and 1887. *
Table 8.
ESTIMATE OF MORTGAGES LEGALLY SUBJECT TO ASSESSMENT
COMPARED WITH ASSESSED CREDITS OF OTHER THAN
BANKER, ETC., 1880 AND 1887, ILLINOIS AND
COOK COUNTY.
Mortgages
Liable to
Assessment.
Assessed Credits
OF other than
Banker, etc.
State of Illinois-
1880
1887
Cook County —
1880
1887
$139,112,423
242,265,746
48,007,350
135,533,762
117,680,302
12,160,825
211,815
117,170
In considering the foregoing statistics, it must be borne in mind
that the assessed valuation of other property was only a fraction of
cash value — probably not more than a third in 1880 and not more
than a fifth in 1887. But even on this basis, the assessed valuation
of credits was only from one-third to one-fourth of what would have
been a proportionate assessment for the amount of mortgages indi-
cated.
The statistics for Cook County indicate (what is also suggested
by the low figures for that county in the previous table) that
mortgages have been assessed in that county to a much smaller
degree than in the rest of the State.
Since the detailed investigation of the Bureau of Labor Statis-
tics, there have been many changes. The assessed valuation of
credits has shown a very noticeable increase, both in the state as a
whole and even in Cook County. What the tendency has been in
regard to the amount of mortgages and their relation to the aggre-
gate value of property cannot be shown in the absence of any de-
b R. M. Haig: Taxation of Mortgages and Credits in Illinois — since 1870, p.
68.
48 PERSONAL PROPERTY ASSESSMENTS
tailed study of the present situation. It . is, therefore impossible
to state with accuracy the recent situation. But it may be assumed
that even the recent increase in the assessed valuation of credits
includes but a small part of all the mortgages and other credits
that are legally subject to taxation.
In an intensive study of Mortgage Taxation in Wisconsin and
neighboring states, by Professor T. S. Adams for the Wisconsin
Tax Commission in 1907, a comparison was made between Lafayette
County, Wisconsin, and JoDaviess County, Illinois. Mr. Adams
estimated that, excluding non-taxable mortgages, the mortgage
indebtedness upon real estate of JoDaviess County averaged about
$2,948,580 for the period from 1900 to 1906 ; while the assessment of
credits for the same period averaged $172,750, which should be
multiplied by five in order to indicate the proportion of mortgages
actually assessed. On the assumption that residents of the county
loan about as much outside the county as is borrowed from lenders
outside the county, and that about 80 per cent of the assessment of
credits represents mortgages, then about 23.4 per cent of the
mortgages were actually assessed and taxed. "
If the situation in JoDaviess County may be taken as typical of
the rural counties in Illinois, it appears that even in such counties
not more than a fourth of the mortgages legally taxable are assessed.
It is probable that in counties containing large cities the proportion
is less ; and the continued low assessments for credits in Cook County
indicate that but a very small proportion of mortgages held in that
county are assessed.
Money and Bank Deposits.
Bank deposits might well be considered as credits due to de-
positors by the banks, and if so considered would add enormously
to the amount of credits not listed and assessed for taxation. But
bank deposits are considered, instead, as moneys belonging to the
depositor, and as such are legally subject to assessment and taxa-
tion under the heading of "moneys of other than banker, etc."
It is however very clear from the table below that the assessed valu-
ation of "moneys of other than banker, etc." forms but a very
small proportion of bank deposits in the state.
Report on Mortgage Taxation in Third Report of Wisconsin Tax Commission
1907, p. 399.
personal property assessments
Table 9.
49
COMPARISON OF BANK DEPOSITS AND ASSESSED VALUE OF MONEYS
OF OTHER THAN BANKER, ETC., ILLINOIS AND COOK
COUNTY.
State of
OF
Illinois
Deposits of State
AND National
Banks.
Savings Deposits
OF State
Banks.
Assessed Value of
Moneys of other
than Banker, etc.
1889
1898
1899
1908
$124,374,251.02
242,048,067.72
296,785,238.84
674,353,841.47
$ 10,398,043.31
35,128,016.21
50,898,654.69
171,412,856.96
$ 9,516,138
7,951,202
17,742,210
18,728,241
Cook County
1889
1898
1899
1908
$ 80,551,332.95
167,209,534.79
211,032,906.16
440,822,737.16
$ 9,380,927.42
28,284,838.08
41,731,272.62
147.403,902.07
$ 1,221,899
839,566
4,203,385
963,907
Making due allowances for the londervaluations in the assess-
ments of other property, the bank deposits would appear to be from
three to six times the amount accounted for by the assessed value of
"moneys of other than banker, etc." for the entire state, and the
deposits in Cook County appear to be from sixteen to ninety times
what would be expected from the assessed value of "moneys of
other than banker, etc." in that county. At the same time, the
assessed value of money is a somewhat higher proportion of the
census estimate of the tangible gold and silver coin and bullion than
the assessed valuation of any other class of property in comparison
with the census estimate of its true value. (See table 6.)
It would seem evident that the attempt to assess and tax moneys
and credits in Illinois is very far from successful. The assessments
made under these heads is but a fraction of what would be expected
for the two items of bank deposits and mortgages, without con-
sidering other forms in which moneys and credits are held. In so
far, too, as moneys and credits are reached, the assessments in
different coimties are by no means proportioned to the relative
amotmt of such holdings; and especially in Cook County a much
smaller proportion of moneys and credits is assessed than in the rest
of the State. This is the result imder a law making special pro-
visions for the assessment of such holdings, which has been upheld
by the courts; and after a decade of special efforts on the part of the
assessing officials to increase the assessments under these headings.
W
50 PERSONAL PROPERTY ASSESSMENTS
Even if the law will not recognize that notes, accounts and other
credits are not property in the same sense as tangible objects, it
should at least appear that they cannot be assessed and taxed in
proportion to their value under the general property assessment.
Bonds and Stocks and Bank Shares.
The assessment of bonds and stocks and of shares of capital
stock of companies not of this state shows absurdly small totals,
which are subject to very irregular variations. (See table vii
pages 214-215). In the case of "bonds and stocks," it appears that
only such are taxable when the capital stock of the corporation is
not assessed in this state ; but the valuations since 1905 show no con-
siderable increase in the assessments under this head since the capi-
tal stock of mercantile and manufacturing corporations has ceased
to be assessed by the State Board of Equalization. No information
has been secured on which to base a comparison of the assessed valu-
ations with the amount of such holdings. But it seems clear that
an aggregate assessment of less than $7 ,000, 000 for bonds and stocks,
and less than $1,500,000 for shares of capital stock of companies not
of this state is but a mere trifle of the total amount of such holdings
in Illinois.
In comparison with the assessments of other bonds and stocks,
the assessment of shares of stock in State and national banks ap-
pears to be relatively high, and shows a noticeable increase during
the past ten years. Special provisions of the law apply to the assess-
ment of banks.- Before 1901, all State and private banks were re-
quired to submit detailed statements of their moneys, bills receivable
deposits, etc., while the shares of national banks were assessable
under the general provisions of the revenue law. Under legislation
of 1901 and 1903, however, shares of incorporated State and
national banks are now assessed where the bank is located, and
collected by the banks from dividends due the stockholders. The
value of the shares is determined by deducting from the value of all
the shares of capital stock the assessed value of real estate owned by
the bank in the county where the bank is located.
The assessment of bank shares shows a marked decline from
1873 to 1898; and a notable increase in 1899 at the time the rule for
one-fifth valuations went into effect. In 1901, under the new law
for the assessment of shares of state banks, the assessed valuation
increased about five times that for 1900; but in 1902, this dropped
to about the figures for 1900. Since then there has been a consider-
PERSONAL PROPERTY ASSESSMENTS 5l
able increase, and, with the change to the rule of one-third valua-
tions, in 1909, .another marked increase to $44,216,278.
Complaints have been made to the Special Tax Commission that
bank shares are assessed higher in proportion to their value than real
estate or other property. On the other hand, the Illinois Tax Re-
form Association has claimed that the assessment of bank shares in
Cook County is inequitable and discriminates in favor of certain
banks.
TAXATION OF MORTGAGES IN OTHER STATES. °
The problem of the taxation of securities and credits, especially
those in the forai of mortgages on real estate, has been actively dis-
cussed in many states during recent years. In about two-thirds
of the states^ mortgages are still legally taxable as personal property
to the holder at his place of residence, and the real estate given as
security is also taxable to the owner at the situs of the property.
In a number of states, however, mortgages are now taxable only as
an interest in the real estate ; and in several other states mortgages
are subject to a moderate special tax, in addition to the usual tax-
ation on the real property. These include several of the largest and
most important states in the Union.
Double Taxation of Mortgages and Mortgaged Property.
Under what is still the prevailing system in most of the states,
as in Illinois, the mortgagor is taxable on the full value of his prop-
erty without deduction ; while the holder of the mortgage is also
taxable on the amount due him, as personal property. In practice,
however, the assessment of mortgages as personal property is never
fully enforced; and only in rare instances and for short periods has
any considerable percentage of mortgages been listed and assessed
for taxation. Ordinarily the mortgages assessed are those where
both parties are residents of the same taxing district, those disclosed
during the settlement of estates, and a fractional part of large hold-
ings on which the owners are willing to pay taxes. In Ohio, Michi-
gan and Iowa special efforts have been made to assess mortgages.
In Ohio a tax inquisitor law gave large rewards in return for the
discovery of property upon which back taxes could be collected.
a Robert Argyle Campbell: Mortgage Taxation; Wisconsin Legislative Refer-
ence Department, Bulletin No. 17.
b All except Massachusetts, Connecticut, New York, New Jersey, Pennsylvania.
Delaware, Virginia, Alabama, Indiana, Wisconsin, Minnesota, Colorado,
Arizona, Utah, Idaho, Washington, California, Alaska and Hawaii.
52 PERSONAL PROPERTY ASSESSMENTS
The result has been that many owners of personal property have
moved their residence out of the state, and the amount of intangible
personal property on the tax rolls has been reduced rather than in-
creased. "The grand total of all moneys, credits, mortgages, stocks,
bonds -and other intangible property returned for taxation for the
year 1906 was less than $150,000,000, although the bank deposits
alone, were about $500,000,000 * * * *. xhe value of all
credits returned was $34,000,000 less in 1906 than it was in 1890,
and $16,000,000 less than it was in 1870. The value of all stocks
and bonds was $2,575,000 less in 1906 than it was in 1880; and the
value of all intangible property * * * * returned for taxation
was nearly $8,000,000 less in 1908 than it was in 1890."°
During the past ten years there has been a marked increase in
personal property assessments in Michigan from $142,330,376 in
1899 to $364,207,665 in 1907. This has been due to more vigorous
administration, and among other things to detailed investigations
of the recorded mortgages not only in Michigan, but also of mort-
gages held by Michigan residents in other states. It should be noted,
however, that while the total assessment of credits in Michigan is
nearly double that in Illinois, the total personalty assessments is
even now only about the same proportion (22% in 1907) of the total
assessed valuation of property as in Illinois. There has also been
some decline in mortgage assessments, from $55,000,000 in 1901,
to $46,000,000 in 1907; and the tax commission reports that such
credits are often assigned to non-residents so as to avoid assessment
for taxation.*"
Professor T. S. Adams, in connection with his investigation of
mortgage taxation in Wisconsin, made a comparison of conditions
in Menominee County, Mich., with those in the neighboring Wis-
consin county of Marinette. He judged that probably about 60
per cent of the mortgages in Menominee County were assessed, with
a marked effect on interest rates, which were higher and rising in
Menominee County, Mich., and lower and falling in Marinette
County, Wisconsin dtiring the period from 1900 to 1906. Moreover
in Menominee County half the loans secured by mortgages were
borrowed from creditors living outside of Michigan, and this ten-
dency was increasing; while in the neighboring Wisconsin county
(where mortgages were exempt from taxation) less than ten per
cent were borrowed outside the state, and this percentage was
a Report of the Ohio Tax Commission, 1908, pp. 23, 24.
b Fifth Report of the Board of State Tax Commissioners (1907-08) pp. 14-30,
63, 65.
PERSONAL PROPERTY ASSESSMENTS S3
diminishing. Further, more than half the mortgages recorded in
Menominee County contained provisions by which the mortgagors
undertook to pay all taxes that might be levied on the mortgage
iteself , and the proportion of mortgages containing such covenants
was increasing."
Iowa has also had a "tax ferret" law, somewhat similar to that
of Ohio, by means of which in certain counties a large majority of the
taxable mortgages appear to be assessed. Professor Adams' in-
vestigations in Clayton County, Iowa, indicated that probably 85
per cent of the taxable mortgages were assessed and taxed in that
county. In contrast with conditions in Menominee County, Mich.,
the interest rate in Clayton County, Iowa, was lower than in the
neighboring county of Grant, Wisconsin. On the other hand, the
number of mortgages in Cla3rton County was diminishing steadily,
and a larger and larger proportion were placed outside the State of
Iowa.'' The absence of any apparent influence on interest rates
may be due to the low rate of taxation (less than one per cent) in
Clayton County ; while even under these conditions the large assess-
ment of mortgages appears to be forcing borrowers to go outside the
state to borrow money.
It thus appears that the most vigorous efforts to assess and tax
mortgages on their full value in addition to the taxation of the
mortgaged property has at best had but partial success as a means of
increasing revenue ; and that such efforts usually result in an increase
in interest rates to borrowers, and even more commonly tend to
transfer mortgage investments to residents of other states.
Taxation of Mortgages as an Interest in Real Estate.
When the objections to the attempt at double taxation of
mortgages and mortgaged property have been pressed, an obvious
solution proposed has been to tax mortgages as an interest in
real estate. This method has been adopted in some states. It
meets the difficulties by undertaking to tax the holder of the
mortgage and to relieve the owner of the mortgaged property.
Under this system, however, an important question is whether
or not parties to a mortgage may make a contract concerning the
payment of taxes. If such contracts are permitted, the mortgagor
usually agrees to pay all taxes on the encumbered property, on the
the assumed ground of a lower rate of interest, and the mortgagee
a In Report of Wisconsin Tax Commission 1907, pp. 314, 409, 414.
h In Report of Wisconsin Tax Commission 1907, pp. 313, 403-406.
54 PERSONAL PROPERTY ASSESSMENTS
makes no direct payment of taxes. If such contracts are not per-
mitted, each party must pay taxes on his respective interest.
At present, mortgages in Massachusetts, Connecticut, New
Jersey, Wisconsin and California are taxable only as an interest in
real estate, and parties to a mortgage are permitted to enter into a
contract concerning the payment of taxes. Michigan and Oregon
have had similar laws, which were construed by the courts to permit
such agreements; but in both states these laws have been repealed.
In Colorado mortgages and property mortgaged are assessed as a
unit, with no separate assessment on mortgages.
In Indiana a peculiar modification of this system prevails. A
mortgagor may have the amount of mortgage indebtedness, not
exceeding $700, deducted from the assessed value of the mortgaged
premises; but in no case can the deduction be more than half the
assessed value of the real estate. If the deduction is claimed and
allowed, the mortgage debt or that portion of it which is taxable is
assessed as personal property to the mortgagee at his place of
residence.
California formerly had a law providing for the taxation of
mortgages as an interest in real estate and not permitting contracts
in regard to taxes. This prevailed from 1879 to 1898 ; but under the
present law such contracts are permitted.
Delaware, Utah, Idaho and Washington exempt mortgages from
taxation.
In regard to the operation of such methods, the Massachusetts
Tax Commission of 1897 reported that the change, made in that
State in 1881, had "tended to bring about a decline in the rate of
interest on mortgages, security being the same;" they considered
that the method worked, if not perfectly, at least smoothly and
certainly, and concluded that it was inexpedient to make further
changes in the legislation as to the taxation of mortgages in that
state."
During the period in which the California law prohibited con-
tracts by which the borrower might agree to pay taxes on mort-
gages, the rate of interest on taxed mortgages in that state was
higher than the interest rate on untaxed credits by -more than the
tax rate. Thus it appeared that the borrower did in fact pay the
tax in a higher rate of interest, and moreover had to pay something
more on account of the indirect process of shifting the burden.^
a Report of the Massachusetts Tax Commission, 1897, pp. 37, 39.
b Report of the Wisconsin Tax Commission, 1903, pp. 127, 130.
PERSONAL PROPERTY ASSESSMENTS 55
In Wisconsin a detailed investigation of the results of the exemp-
tion of mortgages from taxation (established in 1903) disclosed
surprisingly slight changes in the effect on interest rates ; and while
in some counties the interest rate was lowered, it increased in
others. The reduction in interest rates was mostly in counties con-
taining a city of some size, with higher tax rates than in strictly
rural counties. On the other hand, it appeared that under the
present law the proportion of home loans (by residents of the state)
was noticeably higher than it was when mortgages were even nomi-
nally taxed, and that the proportion of money borrowed outside the
state has been noticeably lower since 1903."
The complete exemption of mortgages from taxation, except
as an interest in the mortgaged property, appears then in most cases,
and especially in cities, to bring about some reduction in the rate
of interest paid by borrowers, and more clearly to encourage mort-
gage investments by residents of the state. At the same time, this
method necessarily reduces the total of the assessed valuation of
property by the amount which has been or might be assessed for
mortgages; and thus either reduces the public revenue or causes a
higher rate of taxation to be levied on the property assessed for
taxation. In itself too, this method provides no means for even
attempting to collect from those who have large investments in
mortgages and similar investments something like an adequate part
of the expenses of the government.
Special Taxation of Mortgages, Etc.
Between the two extreme views of attempting to tax mortgages
at full value in addition to the taxation of the encumbered property
and entirely exempting mortgages except as an interest in the
mortgaged property, a third and intermediate position has now
been adopted in several states. This method is practically a com-
promise, and would appear to have practical advantages and to be
distinctly successful in operation. It consists in placing a moderate
special tax on mortgages (or in some states also on credits and other
intangible personalty) in addition to the regular taxes on tangible
property. Pennsylvania and Maryland have such special taxes on
intangible personalty ; while special mortgage taxes are now imposed
in New York, Virginia, Alabama and Minnesota.
In Peimsylvania personal property (excepting horses and cattle)
is exempt from local taxation; and a special tax of four mills on the
a Report on Mortgage Taxation in Report of Wisconsin Tax Commission, (pp.
308, 310, 311.)
56 PERSONAL PROPERTY ASSESSMENTS
dollar is levied on intangible personalty and vehicles for hire. In-
tangible personalty includes mortgages, money at interest, judg-
ments, bonds, notes, stocks, etc., except shares of stock in com-
panies subject to the capital stock tax. While the tax is considered
a state tax, it is assessed and collected by local officers, and only
one-fourth of the proceeds are net revenue to the State treasury.
The assessed valuation of personal property (not including cor-
poration loans, which are taxed in another way) was, in 1909, over
$1,140,000,000, or about eight times the assessment for intangible
property in Illinois ; and on this amount the tax of four mills yielded
a revenue of $4,315,411.
In Maryland mortgages are exempt from taxation, except in
eight counties, where a tax is levied of eight per cent on the interest
charged. In Baltimore, corporation bonds and stock in foreign
corporations are subject to the full state tax and to a special tax of
3-lOths of one per cent for local purposes, making a total of about
4-J mills on the dollar. Since this special tax was established the
assessment of such securities has been increased, in 12 years, from
$6,000,000 to $150,000,000."
New York State taxed mortgages as personal property until
1905 . In that year an annual tax of five mills was imposed on each
dollar of the debt or obligation secured by mortgage; but in 1906,
this was again changed to a recording tax of the same amount (50
cents on the hundred dollars) to be paid once on the recording of each
mortgage. The net revenue from this tax is divided equally be-
tween the county and the state.
The revenue to the state treasury from these mortgage taxes is
shown in the following table. ^
Table 10.
MORTGAGE TAX REVENUE IN NEW YORK STATE, 1906-1909.
State Revenue
Annual Tax, Jvily 1, 1905 to June 30, 1906. .' $ 431,323.17
Recording Tax, July 1, 1906 to June 30, 1907 2,442,249.73
Recording Tax, July 1, 1907 to June 30, 1908 1,666,527.51
Recording Tax, July 1, 1908 to June 30, 1909 1,844,821.45
A striking fact is the much larger receipts under the recording tax
than under the annual tax. As the state revenue is only one-half
of the net income, after paying the expense of collection, the re-
ceipts for the three years under the recording tax represent from
a First Conference on State and Local Taxation, pp. 406 ff.
b Annual Reports of the Comptroller of .the State of New York, 1907-1910.
PERSONAL PROPERTY ASSESSMENTS 57
$650,000,000, to $750,000,000 of new mortgages recorded each year,
from twelve to fifteen times the total amount of credits assessed in
Illinois for 1909, or from four to five times the supposed value under
the rule that the taxable value is one-third of the full value. More-
over nearly 80 per cent of the mortgage tax revenue in New York
State comes from New York City, which contrasts sharply with the
small proportion of credits assessed in Cook County, Illinois.
Minnesota, in 1907, imposed a registration tax on mortgages of
fifty cents on the hundred dollars, similar to that in New York,
and exempting all mortgages and the debts and obligations secured
by them from other taxes (except taxes on inheritances and on
banks) if the registration tax is paid. The tax is paid to the county
treasurer, and the revenue is apportioned in the same manner as
taxes paid upon the real estate described in the mortgage.
The Minnesota Tax Commission reports the registration tax on
mortgages in that state as a distinct success in securing both greater
revenue and also greater equality in the taxation of such securities.
During the first year the revenue amotmted to $305,990.60, repre-
senting mortgages covering about $60,000,000 of obligations, and
this with some hesitation on the part of mortgagees to register their
mortgages, owing to uncertainty as to the constitutionality of the
law. The exemption from the property tax of mortgages on which
the registration fee had been paid caused some reduction in the
amount of credits assessed; but this reduction was only about
$2,000,000 below the average for the preceding three years, repre-
senting a decline of $60,000 in tax receipts, or only one-fifth of the
revenue gained under the registration tax. "
In Virginia, mortgages appear to be subject to several small
taxes on bonds, notes, and contracts relating to real estate, which
aggregate forty-five cents on the himdred dollars. In Alabama,
since 1903, a privilege tax of fifteen cents on the hundred dollars
is imposed on mortgages at the time of recording.
The special recording tax on mortgages thus seems distinctly
the most successful method of securing revenue from such invest-
ments. While in some cases this tax may be shifted to the borrower,
this appears less likely under the small recording tax than if mort-
gages were subject to the full rate of the general property tax, of
more than one per cent and sometimes nearly two per cent on the
full value of property. To those who hold that any taxation of
mortgages in addition to the usual tax on the encumbered property
is double taxation, it may be said that the security given to the
a Report of the Minnesota Tax Commission, 1908, pp. 162-168.
58 PERSONAL PROPERTY ASSESSMENTS
mortgagee in the public record of his claim is a valuable privilege
which justifies the rate charged for the recording tax.
It may, however, be tirged that there should be no discrimination
between mortgage credits and other credits ; and that all should be
placed on the same basis. A partial basis for differentiation may
be suggested in the fact that a recording tax on mortgages can be
strictly and thoroughly enforced, while other credits are much more
elusive. But the experience of Pennsylvania with a moderate special
tax on intangible personal property indicates that the simple
device of keeping the tax rate on such property within a reasonable
limit will secure a larger return than the attempt to collect the higher
rates such as are levied on real estate and tangible property. A
small tax on moneys and credits (other than mortgages and cor-
poration shares taxed in other ways), similar to the Pennsylvania
personal property tax has been recently proposed by tax com-
missions in Massachusetts and Minnesota.
Other methods of taxing intangible property in the form of
corporate investments are discussed in chapter X.
CHAPTER IV.
STATE EQUALIZATION OF LOCAL ASSESSMENTS.
1867-1872.
Complaints of imdervaluations and marked inequalities in local
assessments of property, urged by the Governor and Auditor, led to
the passage in 1867 of "An Act to amend the Revenue laws and to
establish a State Board for the Equalization of Assessments." As
originally constituted, this board consisted of the Auditor and one
member from each of the (25) senatorial districts, the first members
being appointed by the Governor, for a term of two years, and their
successors to be elected, one from each senatorial district, for a term
of four years. The board was to meet on the first Tuesday in Octo-
ber, and could continue in session for fifteen days (extended to 30
days in 1869) . Each member received $8.00 per diem, with an allow-
ance for mileage, stationery, etc.
This board was authorized to add to or deduct from the assess-
ment of any county, as seemed just and equitable, so as to equalize
the total valuations in each county. The act provided for a separate
equalization of real property and personal property, and for combin-
ing the results in a uniform rate per cent, to be added to or deducted
from the local assessments.
At the first session of the State Board of Equalization, rules were
adopted and certain customs were inaugurated which have been,
for the most part, followed in subsequent years. The board divided
itself into committees, — on equalization of personal property, on
equalization of real estate, and on general equalization. In equali-
zing real estate, the counties in the state were grouped into classes,
for each of which a certain average value per acre for lands was
determined; and this was taken as the basis for adjusting the real
property assessments. In equalizing personal property assessments,
a series of average values was determined for various enumerated
articles; and this was taken as the basis for adjusting all personal
property assessments. On the adoption of the reports of the com-
mittees on real property and personal property, these were referred
to the committee on general equalization, whose report combining
the results of the previous reports was also adopted.
(59)
60 STATE EQUALIZATION OF LOCAL ASSESSMENTS
In the equalization made at the first session, changes were made
in the assessments of every county in the state. These ranged from
an addition of 70 per cent to the local assessments of Lee County, to a
deduction of 5 5 per cent from the local assessments of Kane County.
Fourteen counties were increased more than 30 per cent, and 9
counties were decreased more than 30 per cent. A protest was made
to the addition of 24 per cent to the Cook County assessments. The
net result of the equalization on the aggregate assessment of the state
was a slight increase.
As a result of its first two years experience, the State Board of
Equalization recommended some changes in the law ; and these were
enacted by the general assembly in 1869. This act provided that
the state board in making equalizations should consider each of the
following classes of property separately : — lands, town and city lots,
railroad property and personal property; and should determine the
rate of addition or deduction to each class, and these rates should be
extended against the assessed valuation of each class.
From 1869 to 1872, the equalizations by the state board were
made under this act. Changes were regularly made in the local
assessments of practically all the counties; but the amount and
percentage of additions or deductions tended to become smaller.
In 1872 the aggregate net additions were $31,614,870, and the aggre-
gate net deductions were $29,604,034, in a total assessment of
$508,875,848.° It would appear that the board made some effort to
readjust therelativebases of valuations as between the various coun-
ties, but the reports of the proceedings do not show that any investiga-
tion was made as to the basis of assessments or actual values of the
different classes of property in various parts of the state. It is also
c'lear that during this first period of the State Board of Equalization
no active efforts were made to bring the assessed valuation toward the
true value. From 1867 to 1872 the aggregate assessed valuation of
property in Illinois shows practically no increase.
SINCE 1872.
Organization and Methods of the State Board of Equalization.
Important changes were made in 1872 in the constitution and
powers of the State Board of Equalization. The election law of
April 3, 1872 provided for the election of one member of the board
from each congressional district, in place of the senatorial district.
This reduced the number of members from 26 to 20 (including the
a cf Table VIII, p. 216 .
STATE EQUALIZATION OF LOCAL ASSESSMENTS 61
Auditor of Public Accounts) . But changes in the number of Illinois
members in Congress have increased the number, to 21 after 1884, to
23 after 1896, and to 26 since 1904. The time of meeting of the
board was advanced in 1872 to the second Tuesday in August; and
the compensation of the members was reduced to $5.00 per diem,
with mileage and an allowance for stationery. Beginning with the
board elected in 1908, each member receives $1,000 per annum, with
mileage and stationery allowances. The board is also authorized
to appoint a secretary and clerks.
In regard to the equalization of county assessments, no important
changes in the powers of the state board were made in 1872. The
method of equalization remained as under the law of 1869, based on
the separate equalization of each of the four classes of property;
but the state board was not to reduce the aggregate assessed valuation
in any amount, nor to add to it more than one per cent. In 1898 it
was provided that the increase or decrease in the aggregate assessed
valuation of the State should not exceed ten per cent.
In other respects, however, the powers of the State Board of
Equalization were much enlarged in 1872. It was made a board of
original assessment, to value for taxation the railroad track and roll-
ing stock of railroads and the capital stock of corporations organ-
ized under the laws of Illinois.
The first State Board of Equalization under the new organization
was elected in 1872, and was organized for active work in August
1873. A new set of rules was adopted; and provision was made for
the following committees: On equalization of personal property,
on equalization of lands, on equalization of town and city lots, on
assessment of railroad property, on assessment of capital stock of
corporations, and on general equalization. Except for some changes
in the rules relating to capital stock assessments, and a few minor
modifications in the rules of procedure, the rules and methods of the
board have remained as established in 1 8 7 3 . Th e various matters are
first referred to the several committees ; and when the reports of the
first three committees are submitted they are open to amendment
and are referred to the committee on general equalization, whose
duty it is to equalize the different classes of property with each
other, and to report. The reports of the other two committees are
acted on by the board as a. whole without being referred to the com-
mittee on general equahzation.
The published proceedings of the board show that the reports of
the committees have been regularly adopted, usually by a unani-
mous vote. In the early years, a protest was occasionally entered
62 STATE EQUALIZATION OF LOCAL ASSESSMENTS
by a few members. But under the established practice the actual
work is done by the committees, whose reports show only the
changes proposed, with little indication of the methods followed or
the basis on which the results are actually determined.
Equalization of Local Assessments.
It has already been noted that in the local assessments for 1873
there was a very marked increase in the valuation of all classes of
property throughout the state — the aggregate showing an increase
of about 240 per cent over that of 1872. These local assessments
were in turn subjected to a more vigorous revision by the State
Board of Equalization than in any previous year. The valuation
of every county in the State was altered. In 38 counties the local
assessments were increased, and in 64 counties they were decreased.
The largest percentages of increases were in Bureau County (152%),
Green County (134%), Macoupin County (121%) and Cook County
(100%). The largest percentages of reductions were in Adams County
(55%), Wabash County (42%) and Menard County (41%). Al-
together $200,900,715 were added to the local valuations, and
$198,799,381 deducted, averaging more than 16% of the total local
assessments.
From this year, however, along with a decrease in local valua-
tions, the activity of the state board in equalizing these valuations
also declined; and this decline of activity in equalizations has be-
come even more marked since the increase in assessments by local
assessors during the past decade. Already in 1875, no change
was made in the personalty assessment of 10 counties; and in
1887, no change was made in the personalty assessment of 24 coun-
ties or in the assessment of town and city lots in 30 counties. By
1877, the net total of additions and deductions was each below
$83,000,000, less than a tenth of the local valuations; by 1885 the
total additions and deductions were each less than $40,000,000.
The range of changes also declined. Up to 1879 the maximum
addition was always over 100 per cent; but in 1880, the maximum
was 74 per cent; and this tended as a rule to become steadily less.
Up to 1898, however, large additions were regularly made to the
valuations for Cook County, ranging from 100 per cent of the local
valuations in 1873 to a minimum of 16%, in 1885, and rising again
to about 30%, in 1898.
Since 1898, changes by the state board in the equalization of
county valuations, have been even smaller in number, and for the
most part, have been deductions of slight importance. In 1900,
STATE EQUALIZATION OF LOCAL ASSESSMENTS 63
the personalty assessments for Cook County were increased 10 per
cent, and for all the other counties except eight there was a uniform
decrease of 1 5 per cent ; the valuation of lots was decreased uniformly
15 per cent in all except four counties. Since 1900, the state board
has made no changes in the local assessments for personal property
(except in one county in 1907); and in 1907, 1908 and 1909 no
changes in the local valuations for lots. In 1907, changes were
made in the local assessments for lands in only ten counties, and in
1908, in but six counties, the total changes for these years being
about 1-lOth per cent and l-20th per cent of the total local valua-
tions. Finally, in 1909 and 1910, the state board has not made a
single change in the local assessments of any class of property."
Analysis and Criticism.
This marked tendency on the part of the State Board to leave
unchanged the local assessments as determined by the county
boards of review might, conceivably, be due to the fact that the
local valuations have been approaching a common basis, and that
there is now little occasion for a state equalization. This possibility
can, however, hardly be seriously considered, in face of the evidence
of marked inequalities in the assessment of both real and personal
property. It seems clear that, if state taxes are to be levied on any-
thing like a uniform basis, there is still need for some revision of the
local valuations.
While the tendency on the part of the State Board of Equaliza-
tion to allow the local valuations to stand unchanged, does not
mean that the local valuations are satisfactory, it may be due to one
or more of several other causes. It may be due to simple negligence
on the part of the state board ; it may be because the organization
and methods of the state board are not adapted to this work; and
it may be that no satisfactory method of equalization or revision of
local valuations has been devised.
In regard to the first of these, the official records of the state
board give little information. There is nothing in the published
proceedings to show what efEorts may be made by the committees
or the individual members of the board to inform themselves of local
assessment conditions. In the absence of any evidence, it is probab-
ly not unfair to judge that neither the individual members, nor the
committees, make any close study of local assessments, and that the
equalization changes, when made, have been based at best on the
haphazard guesses of the various members.
~^7f Tables VIII and IX, pp. 216-217.
64 STATE EQUALIZATION OF LOCAL ASSESSMENTS
Even if some improvement could be secured by a more active
membership, it seems more clear that the constitution of the board
is by no means adapted to an effective investigation of local assess-
ments. The purpose of the present organization seems to have
been to secure a board, the various members of which would be ac-
quainted with assessment conditions in different parts of the state.
But there is no basis for the assumption that the several members
have a thorough knowledge of conditions over a whole congressional
district, or even over a single county; and the practical operation
of the board indicates that whatever has been done in the way of
equalization has been based on vague suppositions, and the
disposition of each member to secure as low a valuation for his dis-
trict as possible.
For illustration, it may be shown that the marked cases of in-
equalities in assessed valuations indicated by comparisons with the
census estimates of true value have been accentuated rather than
decreased by the action of the state board. Thus the apparently
excessive assessment of real estate in Hardin County in 1900 was
increased by an addition by the State Board of Equalization of 25
per cent to the local assessed valuation of lands and 50 per cent to
the local assessment of town and city lots; while at the same time
the counties with the lowest proportionate assessment had the bene-
fit of important deductions by the state board. Again, in 1904,
when, according to the census estimates, real estate in Hardin
County was assessed on a basis of about 50 per cent above that in
Will County, the disproportionate valuation was by no means ad-
justed by the action of the state board in adding 6 per cent to the
local assessment for lands in Hardin County and 10 per cent in Will
County, with no changes in the local assessment of lots in either
county.
Moreover, during the past ten years, at least, the state board
has failed to equalize assessed valuations in accordance with the
changes suggested by their own methods. Thus in 1900, the tables,
submitted by the committee on the equalization of personal property
showed, that in order to bring the assessed value of enumerated
personal property to the state average, additions were required in
56 counties, ranging as high as 40 per cent and over in several cases;
and deductions in 42 counties, ranging as high as 24 per cent in one
case. While this table was nominally the basis for the changes made
in the personal property assessments, in fact the local assessment was
increased only in the case of Cook County (where the table of aver-
ages indicated a deduction of 1 6 per cent) ; and in all the other
STATE EQUALIZATION OF LOCAL ASSESSMENTS 65
cotinties but eight there was a uniform deduction of 15 per cent.
Since 1900, the committee on personal property has regularly sub-
mitted each year a table showing additions and deductions needed
in most counties in order to bring the assessment of enumerated
property to the state averages ; yet no changes whatever have been
made in personal property assessments.
Similarly the additions and deductions made to the local assess-
ment of lands vary to a considerable degree from those indicated by
the classified value of lands determined by the committee on lands.
Thus, in 1900, on the basis of classified values, additions should
have been made to the valuation of land in 49 counties and deduc-
tions in 43 coimties; in fact, additions were made in only 13 counties,
and deductions were made in 83 counties, the deductions being usu-
ally larger than those indicated by the comparison of assessed and
classified values. In 1909, the committee submitted the usual
table showing the percentage of addition or deduction needed, in
almost every county, to make the assessed value equal to the classi-
fied value of lands — amounting in one case to a deduction of 25
per cent. Yet not a single change, either by addition or deduction,
was made in the local assessment of lands for that year.
An examination of the equalization changes made indicates
further a distinct tendency on the part of the members of the State
Board of Equalization to secure a low assessment for their own dis-
trict or county. Of the large changes made in 1873, the principal
additions were to the local assessments of Cook County and the
18th and 19th congressional districts; and the members from these
districts voted against the committee report and entered a protest.
In other districts where additions were made to the local assessment
of some counties, it is significant that in most instances these were
not the counties in which the member of the state board resided,
and that the assessment of such counties was generally reduced. In
subsequent years, it is also noticeable that additions have been con-
centrated in a few congressional districts; and have seldom been
made in the case of cotmties where the members of the State Board
of Equalization reside.
There seems little doubt that the Illinois State Board of Equaliza-
tion, as now constituted, is a clumsy and inffective body. A board
of twenty-five members is much too large for either the work of
equalization or the valuation of railroad property and capital stock;
and the practice of delegating the work to committees helps further
to weaken the responsibility of the members. Moreover, being
(5)
66 STATE EQUALIZATION OF LOCAL ASSESSMENTS
nominated and elected during the excitement of a presidential cam-
paign, little or no public attention is given to the candidates for
this board.
To be in any degree effective, the equalization, or supervision in
other ways, of local valuations should be based on a detailed and
intensive examination of local assessment methods and results.
Such investigations can be more thoroughly made by a small number
of expert state officials, devoting their whole time to problems of
taxation, and free from local bias, than by large number of officials
elected for local districts and giving but a small part of their time
to this work. In other words, the work of assessing and supervis-
ing the assessment of property for taxation is an administrative
function, calling for expert, technical skill; it is not in any sense a
political function, where the results should in any degree be affected
by political views ; and the only principles to be followed are those
of honesty, equity and efficiency.
The Revenue Commission of 1886, recommended, nearly twenty-
five years ago, the substitution for the State Board of Equalization of
a small board of TaxCommisioners, to be appointed by the Governor.
The experience of other states, such as Indiana, Wisconsin and Min-
nesota, shows that a small tax commission, paid enough to secure
men of ability, is much more efficient in supervising local assessments
than such a body as the present State Board of Equalization in Illi-
nois. The only state with a body of somewhat similar organization
has been Ohio; where the duties imposed were much less than in
Illinois ; and even in that state the large state board of equalization
has just been abolished, and in its place a small tax commission has
been established. There can be no question that a board of three
to five members would be much more efficient than is the present
bodv.
STATE EQUALIZATION OP LOCAL ASSESSMENTS
Table 11.
67
CHANGES IN LOCAL ASSESSMENTS BY THE STATE BOARD OF EQUALI-
ZATION, 1869-1909.
[From Proceedings of the State Board of Equalization.]
Number of Counties
Number of
Highest Average
Unchanged
Counties
Percentage
Year.
personal
in-
de-
DE-
property
lands
lots
creased
creased
ADDED
DUCTED
1869
1
5
10
13
2
4
10
17
41
1
11
33
1
1870
1871
* 1872
1873
38
64
152
55
1874
2
1
29
72
129
43
187S
10
1
38
63
122
38
1876
4
6
4
40
62
116
41
1877
1
1
5
43
58
141
39
1878
9
8
9
44
53
104
37
1879
3
4
7
42
55
102
26
1880
5
10
4
40
58
74
33
1881
2
3
7
42
59
74
23
1882
16
5
7
42
55
79
23
1883
12
4
18
39
57
79
22
1884
16
4
21
33
65
74
25
1885
23
12
34
33
61
51
42
1886
13
5
21
29
70
49
31
1887
24
8
30
27
68
42
28
1888
7
4
12
33
66
63
36
1889
16
3
12
32
67
45
40
1890
19
8
20
31
68
49
35
1891
18
7
21
17
82
52
35
1892
16
10
29
26
72
48
31
1893
13
9
21
41
55
53
34
1894
24
9
36
28
68
46
31
1895
21
18
42
31
56
63
31
1896
23
10
43
30
64
58
35
1897
49
38
14
29
64
73
25
1898
39
19
42
20
71
45
27
1899
All
7
56
51
45
28
14
1900
8
6
1
7
93
16
30
1901
All
26
99
43
34
32
28
1902
All
17
98
45
38
24
17
1903
All
35
79
19
51
20
32
1904
All
35
77
20
51
20
31
1905
101
52
83
8
48
18
17
1906
All
56
83
6
47
11
IS
1907
All
92
All
4
6
6
4
1908
All
96
All
2
4
5
3
1909
All
All
All
CHAPTER V.
ASSESSMENT AND TAXATION OF RAILROADS.
Local Assessments.
Before 1873, railroad property in Illinois, with the exception of
that of the Illinois Central Railroad, was assessed and taxed by
local assessors in much the same manner as real estate and personal
property owned by individuals." From 1856, the assessed valua-
tion of railroad property is reported separately. In 1856 railroad
property in Illinois was assessed for $6,639,220, out of a total
assessed valuation of property in the State of $349,951,372.
The valuation of railroad property was increased by steps
to $14,707,097 in 1866, out of a total assessed valuation
in the state of $410,894,093. The proportion of railroad property
to the total had increased during the ten years from 1.9 per cent to
3.8 per cent.
In 1867, the State Board of Equalization was established, with
power to equalize the assessed valuations as between counties ; and
the equalizations of this board affected the valuations of railroad
property as well as other property. The local assessments for 1867
had shown an increase over those for 1866 ; but these valuations were
further increased by the equalizations by the State Board to
$16,854, 640. In 1868, valuations both of railroad and other prop-
erty were somewhat reduced; but in the years following, were in-
creased; and in 1871, there was a marked increase of railroad
valuations (as equalized) to $25,516,042, or about 5 per cent of the
total assessed valuation of property in Illinois.
State Assessments.
' The revenue law of 1872 provided that "railroad track" and
' 'rolling stock' ' of railroads should be assessed by the State Board of
Equalization, and also provided for the assessment of the capital
stock of all corporations. Since then, the valuations made by the
a An Act of 1849 required railroad property to be listed with the Auditor of
State, to be taxed at the same rate as similar property owned by individuals, the
revenue to be paid into the State Treasury and applied to the payment of the
State Debt. In 1851, however, another method of assessment was provided.
(Laws of 1851, pp. 54-5; Revised Statutes of 1864, p. 947.)
(68)
ASSESSMENT AND TAXATION OF RAILROADS 69
State Board of Equalization for ' 'railroad track' ' and ' 'rolling stock, ' '
and in some years an additional assessment on capital stock, has
formed much the greater part of the assessed valuation of railroad
property; although some railroad property is still assessed by the
local assessors.
For purposes of taxation railroad property is classified under
five heads :
(1) The right of way, including superstructures of main, side
or second tracks and turnouts, and the stations and improvements
of the railroad company on such right of way, held to be real estate
for purposes of taxation and denominated "railroad track."
(2) Movable property (locomotives and all manner of cars)
belonging to the railroad company, held to be personal property
for purposes of taxation, and denominated "rolling stock."
(3) Real estate, including stations and other structures, other
than that denominated "railroad track," listed as lands or lots in
the local taxing district.
(4) Personal property other than that denominated "rolling
stock." This includes tools, and materials for repairs, office furni-
ture and the like.
(5) The capital stock, or rather the excess value of the capital
stock (if any) , over the valuation of the several classes of tangible
property.
The first, second and fifth classes are valued by the State Board
of Equalization; and the third and fourth classes by the local
assesors.
Some questions have arisen in determining just what is included
in the term "railroad track," and so subject to assessment by the
state board. It was a mooted point whether shops, round houses,
etc., located on land adjoining the main track should be considered
as "railroad track." The courts have given the term a broad inter-
pretation — holding in one. case that a strip of land 500 feet in width,
on which were located round houses, shops, etc., is properly included
in "railroad track;" and in another that the land held and in actual
use for side tracks, switches and turnouts, must be regarded as part
of the right of way of a company, notwithstanding it may have
machine shops, depots, round houses and other superstructures
thereon, necessary for the use of the road." The courts have also
held that a bridge over a navigable stream forming a boundary line
between this state and another, owned and constructed by a railroad
a C. R. I. & P. R. R. Co. V. The People, 4 111. App. 468, (1879).
C. & A. R. R. Co. V. The People, ex rel.. 98 111. 350, (1881).
70 ASSESSMENT AND TAXATION OF RAILROADS
company and used as a part of its line, should also be regarded as
railroad track as defined by the revenue law.''
It has also been held by the Supreme Court of Illinois that a
leased railroad becomes the property of the lessee for purposes of
taxation;* but that the running of trains over the road of
another railroad company under a mere easement or license, does
not make such company an occupant with any vested interest in the
road within the tax laws;'^ that elevated railroads, organized under
the general law for the incorporation of railroad companies, are
railroads and not street railways for purposes of taxation, and are
subject to assessment by the State Board of Equalization;'^ and
that a railroad is liable for taxes on Pullman cars used on its road as
sleeping cars, though the cars are owned by the Pullman Company/
Every person, company or corporation, owning, constructing or
operating a railroad in the state, is required to make out and file
with the county clerks a statement or schedule showing the property
held for right of way and the value of improvements ; and annually
in the month of April (before 1898 in May) to report the value
of such property, and a detailed inventory of all the rolling stock
belonging to such company. Personalty and real estate other than
railroad track and rolling stock, must also be listed and assessed
in the local taxing districts.
At the same time, sworn statements or schedules must be re-
turned to the Auditor of Public Accounts :
First — Of the property denominated "railroad track," giving
the length of the main and side or second tracks and turnouts, and
showing the proportions in each county and the total in the State.
Second — The "rolling stock," giving the length of the main
track in each county, the total in this state and the entire length
of the road.
Third — Showing the number of ties in track per mile, the
weights of iron or steel per yard, used in main and side tracks ; what
joints or chairs are used in track; the ballasting of road, whether
gravel or dirt ; the number and quality of buildings or other struc-
tures on railroad track;" the length of time iron in track has been
used, and the length of time the road has been built.
Fourth — A statement or schedule showing the amount of
capital stock authorized, and the number of shares into which it is
divided; the amount of capital stock paid up; the market value, or
if no market value, then the actual value of the shares of stock ; the
a Anderson v. C. B. & Q. R. R. Co. 117, 111. 26, (1886).
b Huck, et al, v. C. & A. R. R. Co. 86, 111. 352, (1877).
c Cook County v. C. B. & Q. R. R. Co. 35, 111. 460, (1864).
d Knopf V. Lake St. El. R. R. Co. 197, 111. 212, (1902).
e Kennedys. St. L., V. & T. H. R. R. Co, 62, 111. 395, (1872).
ASSESSMENT AND TAXATION OF RAILROADS 71
total amount .of indebtedness, except for current expenses for
operating the road ; and the total listed valuation of all its tan-
gible property in the State.
In case of failure to make returns to the Auditor, this officer is
required to ascertain the necessary facts and lay them before the
State Board of EquaHzation. Any company or persons failing to
make the required statements shall forfeit not less than $1,000 nor
more than $10,000 for each offence, to be recovered in any proper
form of action.
The Auditor lays before the State Board of Equalization the
statements and schedules returned to him ; and this board determines
the valuation to be placed on the "railroad track" and "rolling
stock' ' of each railroad, and the capital stock of each railroad com-
pany. In making its valuation, the State Board of Equalization is
not bound by the valuation placed upon the property by the rail-
road ; but uses the statements as it does other information to arrive
at the value of the property. The board is given power and
authority, by committee or otherwise, to examine persons and
papers ; but according to an opinion of the Attorney General, it has
not power to compel the attendance of a witness or the production
of papers as evidence.
It is not clear what are the exact methods followed by the State
Board of Equalization in determining the valuation of railroad
property. Apparently the assessment for second and side tracks,
rolling stock and improvements on the right of way are separately
estimated ; and the assessment for the main track and right of way
is arrived at by deducting the assessment of the items separately
estimated from what is determined as the valuation of the whole
property.
The valuations made by the State Board of Equalization are
apportioned to the various counties and certified to the county
clerks ; and the county clerks in like manner distribute the value to
the several towns, districts, villages and cities in their respective
counties. The value of "railroad track" is listed and taxed in the
several counties and local districts, in the proportion that the length
of the main track in such county or district bears to the whole
length of the road in the state, except the value of the side or second
tracks, and all turnouts, and all station houses, depots, machine
shops or other buildings, which are taxed in the county, or
district in which they are located. The valuations of "rolling
stock" and of capital stock are also apportioned in the same way as
"railroad track" — on the basis of the mileage of main track.
72 ASSESSMENT AND TAXATION OF RAILROADS
For the year 1873 (the first under this system of assessment) the
total assessed valuation of railroad property was $133,520,633, more
than five times that for 1872, and nearly ten per cent of the total
assessed valuation of property iri the state. The State Board of
Equalization valued the "railroad track" and "rolling stock" at
$59, 317,408, and the capital stock of railroads at $64,611,071 ; while
the railroad property assessed by local assessors had an equalized
valuation of $9 , 5 92 , 1 54. The railroad valuations for this year seem
to have been disproportionately heavy, in comparison with other
property. This was due mainly to two factors. The railroads had
exaggerated the amount of their outstanding debts, supposing that
these would be deducted in determining the value of their capital
stock ; while in fact the debts were added to the value of the capital
stock. At the same time the State Board of Equalization assessed
the railroads at the full value of their property, while other property
locally assessed was placed at less than its full value.
In 1874, there was a marked reduction from the assessed valua-
tions of 1873 ; and this was followed by further reductions for several
years. The State Board of Equalization made a reduction of 40%
to equalize railroad assessments with that of other property; and
with other changes this reduced the valuation for 1874 of "railroad
track" and "rolling stock" to $43,529,716, and capital stock to
$31,314,175 (less than half the valuation for 1873), and property
locally assessed to $6,863,707. The total valuation of railroad
property in the state was $81,707,598, about 6.8% of the total
valuation of all property in Illinois.
In 1875, railroad valuations were reduced by 50% for purposes of
equalization, and the total valuation of railroad property was
decreased to $60,486,343. By 1876, the capital stock assessments
of railroads were reduced to $10,106,258. In 1877, the capital
stock assessments for railroads disappears entirely; but there ^\'as
an increase in the valuation of "railroad track" and "rolling stock.""
In 1878, the total railroad valuation reached a minimum of
$40,461,865, less than five per cent of the total assessed valuation of
all property in the state, a smaller proportion than in 1872, before
the new method of assessment was introduced.
After 1878, the assessed valuation of railroad property increased
steadily, and at a rate greater than the increase in the total assessed
valuation of property in Illinois. In 1890, although railroad valu-
ations were reduced 75% for equalization, the total was $75,310,524,
a The State Board of Equalization elected in 1876, had only two members who
were klso on the board elected in 1872.
: J> U U U TTtlrg " '^ ? ^.i g s-2 s;? S"S S ? J S X
/9i>j'-rTOC[ ao /h/Oi-T-Tiv
(73)
74
ASSESSMENT AND TAXATION OF RAILROADS
or 9.4 per cent of the total valuation for all property. For the next
decade, railroad valuations, like other valuations, were almost
stationary. In 1900, the total assessed valuation of railroad prop-
erty was $80,627,321, almost ten per cent of the total assessed
valuation of all property in the state.
Table 12.
COMPARISON OF RAILROAD ASSESSMENTS AND ASSESSMENTS OP
GENERAL PROPERTY IN ILLINOIS, WISCONSIN AND MICHIGAN.
Taxable Value.
Per Cent
R. R.
Year.
Property
Railroad
General
OF General
Property.
ILLINOIS,
Property.
Property.
1898-1909.
1898
$ 78,624,036
$ 699,486,640
11.2
1899
79,072,674
874,839,223
09.0
1900
80,627,321
727,046,103
11.1
1901
89,103,268
891,448,546
10.0
1902
92,156,263
919,316,704
10.0
1901
94,303,821
977,214,968
09.6
1904
95,033,412
976,584,939
09.7
1905
97,728,276
989,104,340
09.9
1906
102,721,035
1,015,653,662
10.1
1907
107,497,141
1,138,622,398
09.4
1908
110,397,824
1,139,299,589
09.7
1909
186,514,540
1,944,595,135
09.6
WISCONSIN,
1904-1908.
1904
$218,024,900
$1,804,187,000
12.1
1905
228,810,000
1,890,841,000
12.0
1906
237,239,500
1,997,342,822
11.9
1907
255,850,000
2,124,800,000
12.0
1908
267,861,500
2,291,638,529
11.7
MICHIGAN,
1902-1907.
1902
.«S198,641,000
$1,418,251,858
14.0
1903
222,106,000
1,537,355,738
14.4
1904
196,795,000
1,529,969,350
12. .9
1905
202,651,000
1,574,422,770
12.8
1906
207,068,000
1,598,935,606
12.9
1907
207,130,500
1,654,371,892
12.5
In 1898, the statutory rule that the taxable value should be
one-fifth of the market value of property was applied to railroad
ASSESSMENT AND TAXATION OF RAILROADS 75
property; and beginning with 1901, capital stock assessments
have been made for a few companies, mainly the elevated
railroads in Chicago; but these assessments have been but a
small factor, reaching a maximum of $3,215,978 in 1906.
In 1908, the assessed valuation of all railroad property in Illi-
nois was $110,397,824 — an increase of 37^ per cent since 1900;
but this was less than the increase in the assessment of other prop-
erty, and the proportion of the total assessed valuation of all prop-
erty in the state had decreased to less than 9 per cent.
In 1909, railroad property, like other property, was assessed
under the new rule at one-third of the market value ; and the total
taxable valuation showed a marked increase to$186, 514,5 40. Other
property, however, was increased at the same ratio; and railroad
property was assessed relatively to other property, practically
the same as in 1908."
Complaint is made that the present method of apportioning the
valuation of railroad property is unfair to Chicago and Cook County.
The valuation of main line and right of way is apportioned to the
various counties on the basis of main-line mileage, assigning to
Chicago and Cook County for the valuable terminal lines only the
the amount based on the few miles of main track within the county
although the value of the terminal in a large city, whether measured
by its purchase price or its service value, is much higher than the
same amount of land in a rural district. Some years ago the city
brought suit in the courts, claiming that the terminal property of
the railroads should be assessed by the local assessors as real estate ;
but the Supreme Court of the State decided in favor of the present
system.*
There are important advantages in assessing railroad property
as a unit, rather than by numerous local assessors; but the ad-
vantage of central state assessment could be retained with a
more equitable apportionment of the valuation to local districts.
Professor B. H. Meyer, the transportation expert of the census
bureau, has stated that the main line mileage basis for apportion-
ing valuation is the least satisfactory of the various methods now
considered. An apportionment on the basis of gross earnings, or a
combination of gross earnings and total mileage, would secure a
more equitable distribution of value as between Chicago and other
cities on the one hand and the rural districts on the other. ^
a cf Table X, p. 218.
b People ex rel Chicago v. State Board of Equalization, 205 111. 206.
c C. E. Merriam: Municipal Revenues of Chicago, pp. 80-82.
76 ASSESSMENT AND TAXATION OF RAILROADS
Another solution of this and other difficulties, would be to hav6
railroad taxes (at the average rate for the state) paid into the state
treasury for state purposes, and in return to abandon the state tax
on locally assessed property.
Illinois Central Railroad.
By Act of 1851, in consideration of the grants, privileges and
franchises conferred on the Illinois Central Railroad Company, the
company was to pay into the State treasury five per cent of the
gross or total proceeds, receipts or income, beginning after four years.
It was also provided that the stock, property and assets of the com-
pany should be exempt from taxation for six years; after which it
should be subject to a state tax, not to exceed three-fourths of one
per centum per annum, in addition to the five per cent of gross in-
come. Further, if the five per cent of gross income and the state
taxes do not amount to seven per cent of the gross or total proceeds,
the company is to pay the difference up to seven per cent of the
gross receipts of the corporation.
Under these provisions, the company made its first payments, for
the period from March 24, 1855 to April 30, 1856, of $61,280.59,
or five per cent of the gross receipts. In the following year pay-
ments were made partly at five per cent and partly at seven per
cent; and since then the company has paid into the state treasury
seven per cent of the reported gross receipts.
The payments increased steadily until the year ending April
30, 1865, when $476,012.80 was paid in. After that the amounts
fluctuated; and after 1873, decreased to a minimum of $318,837.59
in 1879. In the following years the payments gradually increased;
but not until 1890, when $478,377.42 was paid in, did the amount
reach as high as 1865. Since then the payments have continued to
increase rapidly. The year ending April 30, 1894, was a maximum,
when gross receipts of $10,390,838.40 were reported, and
$727,358.69 was paid into the State treasury. These amounts
were not surpassed until 1900. During the last decade there have
been further increases, the highest amounts being for the year
ending April 30, 1910, when payments of $1,197,280.02 were made
as seven per cent of the gross receipts of $17,104,000.28."
These payments are made only for the charter lines of the Illi-
nois Central Railroad; and a number of more recently added divi-
sions are assessed by the State Board of Equalization and are sub-
ject to the usual state and local taxes.
a cf Table XI, p. 219.
ASSESSMENT AND TAXATION OF RAILROADS 77
The amount paid by the other railroads in Illinois as taxes during
the past ten years has been from $3,500,000 to $4,500,000 annually.
The payments by the Illinois Central Railroad on its charter lines,
have during these years ranged from $809,438.83 to $1,197,280.02,
or about one-fourth of the amount paid" in taxes by the other rail-
roads . It has been estimated that the payments by the Illinois Central
Railroad since 1900, have been about four times as much per mile
of main track as the average of taxes paid by other railroads. But
it should be remembered that the payments of the Illinois Central
Railroad are not merely in lieu of taxes, but also represent a return
for the lands granted and other special privileges of that road.
In 1907, Governor Deneen, in a special message to the General
Assembly, urged that the payments made by the Illinois Central
Railroad have been less than is due the state. Attention was called
to important items of income not included in the reported gross
receipts, and also to the method of apportioning receipts between
the charter lines and more recently acquired lines, which seem to
favor the latter and thus reduce the amount of the receipts reported
for the charter lines on which the seven per cent payments to the
State are calculated."
In a suit brought by the Attorney General the Supreme Court
has recently decided that the railroad company must give an ac-
counting (beginning with the year 1905) in accordance with
methods described in the opinion of the court.''
Railroad Taxes.
Comparing the amount paid by the railroads for taxes and other
purposes in Illinois with the taxes paid other states, on the basis of
miles of line, the average mileage payment in Illinois for all railroads
($441 in 1908) is somewhat over the average for the United States
($382) ; but Illinois is surpassed by a considerable number of other
states. In several of the small and densely settled eastern states,
such as Massachusetts, Connecticut, Rhode Island and New Jersey,
railroad taxes per mile of line, range from $1,000 to nearly $2,000.
In New York, railroad taxes for 1908 amoimted to $672 per mile;
in Peimsylvania to $554, and in Maryland to $675 ; in Ohio to $576,
in Indiana to $490, and in Washington to $549.
The average for Illinois is, however, increased by including the
payments by the Illinois Central Railroad, which cover more than
a Governor's Special Message, January 10, 1907.
h State of Illinois v. Illinois Central R. R. Co. (Opinion filed Oct. 28th, 1910.)
78 ASSESSMENT AND TAXATION OF RAILROADS
taxes. The taxes proper paid by railroads, excluding the gross
earnings payments by the Illinois Central, amounted to less than
$400 per mile ; which is less per mile than is paid in Michigan, Wis-
consin and Minnesota, as well as the other states named above.
Comparisons on other bases also indicate that the railroads pay
relatively less taxes in proportion to their business in Illinois than
in other states; and that in recent years railroad taxes in Illinois
have increased at less than the general rate and much less than the
increase in their earnings would justify. The table below shows the
gross and net earnings and taxes paid by the railroads in Illinois
from 1885 to 1908. In 1895, the taxes (including gross earnings
payments by the Illinois Central Railroad) were $3,855,761, which
was 5.5% of the gross earnings in Illinois; and in 1897 they were
equal to 5.8% of the gross earnings in Illinois. In 1908, the taxes,
etc., (as reported to the State Railroad and Warehouse Commis-
sion) had increased to $5,833,225 ; but this was now only 3.3% of the
gross earnings. From 1889 to 1899, the taxes amounted to over
4.8% of the gross earnings for each year but two; while since 1902,
they have been less than 4% of the gross earnings, the percentage
tending to decline, and in 1907, taxes were barely 3% of the gross
earnings. It thus appears that the total taxes paid by the railroads
in Illinois are a distinctly smaller share of the gross earnings than in
Minnesota, where a tax of 4 per cent of the gross receipts is levied,
while the Tax Commission of that state believes that this rate
should be increased. It should also be remembered that the aver-
age percentage of gross earnings is increased by the payments at
the rate of 7 % of gross earnings made by the Illinois Central Rail-
road. Excluding these, the taxes proper paid by other railroads
in Illinois in 1908 were little more than 3% of the gross earnings.
On the basis of net earnings, or of total net revenue, a similar
relative decline is shown. In 1889, railroad taxes were 14.53%
of the net earnings in Illinois; in 1895, they were 17.76% and in 1897,
were 17.17%; while in 1907, they were only 9.7%, and in 1908, but
11.17%. While net earnings increased 84% (from $28,364,072
in 1896, to $52,178,858 in 1908) taxes increased only 38%, (from
$4,212,389 to $5,833,225). Deducting the Illinois Central Railroad
payments, the increase in other railroad taxes from 1896 to 1908
was barely 30%.
During the same period, the total of state and local property
taxes levied in Illinois increased 6 1 % ; so that the increase in railroad
taxes has been only about half of the general rate of increase in tax-
ation on property.
Diagram C. Pbrcbhtagb of Railroad Taxes in Illinois to Gross Earnings, Net
Earnings and Total Net revenue, 188S-1909.
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ASSESSMENT AND TAXATION OF RAILROADS
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82 ASSESSMENT AND TAXATION OF RAILROADS
Tables xiii and xiv (pages 222 and 223) give data as to the
assessed valuation and the operating earnings and expenses and
taxes paid by a number of the principal railroads in Illinois. These
show wide variations between the different railroads. Assessed
valuations range from less than $6,000 to $217,023 per mile. The
latter figure (for the Pittsburg, Fort Wayne & Chicago) and the
other valuations over $100,000 per mile are for roads which have
little more than terminal property in Illinois; and illustrate the
higher value of such property as compared with the value per mile
of other roads. This tends to confirm the claim that Cook County
should be apportioned a larger portion of the total valuation of
other roads than is represented by the main line mileage, on account
of the terminal property in that county.
Of the roads running west from Chicago, the highest assessed
valuation per mile is $30,339, for the Chicago, Rock Island & Pacific.
Taxes paid per mile of line vary in the main with the variations
in assessed valuations per mile of line, — much the largest average
being paid by the Lake Shore & Michigan Southern and the Penn-
sylvania lines. Next to these are the taxes and other payments
by the Illinois Central Railroad (averaging $706 per mile in 1908)
and the taxes of the Chicago, Rock Island & Pacific (averaging
$625 per mile) . The minimum shown in the table is for the St. Louis,
Iron Mountain & Southern Railway Company, whose taxes amotm-
ted to $177 per mile. Large variations in the taxes per mile of road
are to be expected, whether the valuation and taxes are based on
cost of construction or on earnings ; and the variations on this basis
in general simply indicate, as would be expected, that the most
important roads, with the largest business and the best roadbed and
equipment pay more per mile than the weaker and more cheaply
equipped lines. But whether these differences are adjusted with
anything like fairness between the different roads is not indicated
by such figures. Some light on this point may, however, be indica-
ted by the figures in the column showing 'the percentage of taxes
paid to the net earnings reported.
An examination of the relation between taxes and net earnings
for the different roads shows here too some very wide variations,
which indicate that the present method of assessment and taxation
bears relatively more lightly on some roads and more heavily on
others. A few roads report no net earnings assignable to Illinois;
but in at least some of these cases it would appear that the basis of
apportioning earnings and expenses is at fault. There is evidently
something wrong in the apportionment which shows that the
ASSESSMENT AND TAXATION OF RAILROADS 83
Pennsylvania lines do not earn sufficient to pay operating expenses
in Illinois. Defective methods of apportionment may also be used
in the case of other roads; but they are not so self-evident.
A comparison of the ratio of taxes to net earnings on the most
important railroad systems is of especial interest (see Table xiii.)
This shows that the total payments of the Illinois Central Railroad
to the State and local authorities in 1908 were 14% of the net earn-
ings; the taxes of the C.B.& Q.R.R.Co., paid in Illinois were 10.3%
of the net earnings in Illinois; while the Illinois taxes of the C. M.
& St. P R'y. were only 7.1% of the net earnings, those of the
A. T. & S. F. R'y. Co., 7%, those of the C. & N. W. R'y. Co., 6%,
and those of the C. R. I. & P. R'y. Co., 7.3%.
Such variations are considerably greater than should be ex-
pected if earnings were to any large extent considered as a
factor in determining the valuation of the railroad property.
Similar variations appear if the taxes paid are compared with gross
earnings, and such a comparison shows that a number of the most
important railroads in Illinois, (such as the C. & N. W., the C. M.
& St. P., and the C. R. I. & P.) paid in 1908 considerably less taxes
than three per cent of their gross earnings in Illinois.
Similar results are indicated by the data compiled by the Audi-
tor of Public Accounts for the year ending Jione 30, 1909 (see Table
XIV, page 223). The total taxes on railroads charged in Illinois
show an increase to 3.58 per cent of the gross earnings in Illinois.
But considerable variations are shown as between different railroads ;
and the taxes for some important systems were less than 3 per cent
of the gross earnings in Illinois, — for the Chicago and Northwestern
system 2.54 per cent and for the Chicago, Milwaukee and St. Paul
lines only 2.01 per cent of gross earnings.
CHAPTER VI.
ASSESSMENT OF CORPORATIONS BY THE STATE BOARD
OF EQUALIZATION.
Revenue Law of 1872.
The Illinois State Board of Equalization, as established in 1867,
had only power to equalize local valuations. But the revenue act
of 1872, the result largely of the work of the state board, extended
its powers to include the assessment of "railroad track " and "rol-
ling stock " of railroads and the capital stock of corporations or-
ganized tuider the laws of Illinois. The revenue law required cor-
porations subject to assessment by the state board to make sworn
statements as to the amount and value of capital stock, the amount
of indebtedness (except for current expenses) and the assessed
valuation of its tangible property. The law also authorized the
state board to adopt rules and regulations for ascertaining the fair
cash value of such capital stock; and the state board adopted rules
in Sept. 1873, providing that the value of the capital stock should
be determined by adding to the market value of stock the market
value of the debt (excluding that for current expenses) and deduct-
ing therefrom the equalized assessed valuation of the tangible
property of each company. The authority of the board to adopt its
rules, and the fairness of the rules first adopted, were sustained by
the courts."
From the begirming, however, many corporations have failed to
make the required returns ; and many of those made have been de-
fective. Efforts by the state board to secure information have also
failed ; and, according to the Attorney General, the revenue law pro-
vides no penalty for any person or corporation which fails or refuses
to furnish the lists and statements required in the law.
First Assessments.
Nevertheless, the first assessments by the state board in 1873,
made large additions to the total assessed value of property, and at
the same time local property assessments were also largely increased.
But the following year showed a notable reduction, especially in
a Porter v. Rockford, R I. & S. L. R. R. Co., 76 Ills. 563 (1873).
(84)
ASSESSMENT OF CORPORATIONS 85
assessments by the state board; and this was followed by further
reductions, and then by an almost stationary aggregate valuation
until after 1900.
At the assessment of 1873, the state board found the equalized
value of railroad track and rolling stock to be $59,317,408. The
excess value of capital stock of railroads was assessed at $64,6 1 1 ,07 1 ;
and the capital stock assessments of corporations other than rail-
roads was $21,898,451. The latter amount was assessed on 212
corporations, including 34 public service corporations assessed at
$6,325,216, and 178 other corporations assessed at $15,573,235.
Local assessments of real and personal property had been in-
creased about three fold, from$508,875,848 in 1872, to$l, 210, 237, 130
in 1873 ; and the total assessed valuation of the state was increased
from $510,886,683 to $1,355,401,317 "
Decline in Assessed Valuations.
While the litigation against the methods and valuations of the
state board resulted in its favor on most points,*" some changes were
made in 1874 in the manner of equalizing assessments, and there
was a large reduction in all valuations, especially those made by
the state board. The valuation of railroad property was reduced
to $43,529,716; railroad capital stock to $31,314,175 .(less than half
of that for the year before) ; and capital stock assessments of other
corporations were only $11,719,216," although a larger number of
corporations were assessed than in 1873. In 1875 there were fur-
ther reductions in the assessments by the state board, especially in
the capital stock of corporations other than railroads, of which only
100 were assessed, at a total valuation of $4,802,112. In 1876,
the capital stock assessments for corporations other than railroads
was only $3,373,351. In 1877, the capital stock assessments on
railroads disappeared; and the capital stock of other corporations
was assessed on but 34 corporations, aggregating $1,605,783. The
total assessments by the state board for this year were $38,746,963,
compared with $146,847,298 in 1873. In 1880, capital stock assess-
ments reached the minimum of 29 corporations, assessed for a total
of $2,191,488."
cf. Tables I, p. 202, VIII, p. 216 and XVI, p. 225
The assessment of the Western Union Telegraph Co. was held to be invalid,
as this was not an Illinois corporation,
cf. Table XV, p. 224
86 ASSESSMENT OP CORPORATIONS
Amendments to the Revenue Law.
To some extent the reduction in capital stock assessments was
aided by changes in the law. In 1875, the revenue lawwas amended
to provide that companies for manufacturing purposes, for printing
or for publishing newspapers or for improving and breeding of
stock, should only be assessed in the same manner as individuals.
Some corporations in these classes appear, however, to be assessed
by the State Board of Equalization; until in 1879 a further amend-
ment distinctly provided that such corporations should be assessed
by the local assessors in the same manner as individuals. In 1893,
companies for mining and selling coal were also excepted from
assessment by the State Board of Equalization.
In 1905, another amendment to the revenue law added corpora-
tions for mercantile purposes to those excepted from assessment by
the state board ; and, further, provided that the capital stock of the
various classes of corporations excepted from assessment by the
state board should be exempted from any capital stock assessment
whatever. This amendment was enacted without the approval
of the governor.
In connection with the amendment of 1879, Attorney General
Edsall rendered an opinion to the State Board of Equalization that
the exemption of certain corporations from assessment by the state
board left their capital stock subject to assessment by the local
assessors."
Following the amending act of 1905, the Attorney General held
that the amendment to Section 1, exempting the capital stock of
certain corporations from any assessment, to be unconstitutional.
The Supreme Court has expressed the same view, holding that the
legislature has no power to exempt such property from taxation;
and that where the legislature has exempted certain classes of
corporations from the jurisdiction of the State Board of Equaliza-
tion, it is the duty of the local assessor to assess the capital stock
and franchise value of such corporations.''
It seems clear, however, that the assessment of capital stock by
local assessors does not and will not result in any large assessments
under this head ; and the classes of corporations excepted from assess-
ment by the State Board of Equalization are practically exempted
from any assessment on their capital stock.
a Proceedings St. Bd. of Equalization, 1879, p. 6.
b Consolidated Coal Co. v. Miller, et al, 236 111. 149 (Oct. 26, 1908).
ASSESSMENT OF CORPORATIONS 87
Various efforts have also been made to exempt the capital stock
of building and loan associations. An act for this purpose was
passed in 1887, and the provisions of this act were again incorporated
in an act of 1891. These exemptions were declared invalid by the
Supreme Court in 1894;" but by an act of 1895 the capital stock
of such associations was excepted from assessment by the state
board. In 1901, another act provided that the stock of such
associations, while loaned upon by and pledged as security to the
association issuing it, to an amount equal to the par value of such
stock, should not be subject to taxation; but this also has been de-
clared by the Supreme Court to be imconstitutional.
After 1880, the railroad assessments of the State Board of Equal-
ization show a slight increase. The number of corporations assessed
for capital stock also increased, and the aggregate assessed valua-
tions rose slowly to a maximum of $6,956,909 in 1890. In 1899,
railroad property was assessed for $75,912,042, and the capital
stock of 395 corporations for only $2,348,203.
The Teachers^ Federation Case.
In 1900, mandamus proceedings were brought against the
State Board of Equalization, which resulted in a marked increase
of capital stock assessments for a small niimber of public service
corporations in Chicago; and this has been followed by a ftirther
increase in the number and amount of capital stock assessments,
especially for public service corporations, principally in Cook County.
These proceedings were begun by the Teachers' Federation of
Chicago, to compel the State Board of Equalization to assess the
capital stock of 23 corporations in Cook County (street railway,
gas, telephone and electric light companies) as required by law.
After the legal proceedings had begun, the state board adopted a
new set of rules for assessing capital stock; and assessed seven of the
companies for small amounts. The Circuit Court held (May 1, 1901)
that the new rules were invalid and the assessments fraudulent, and
granted the mandamus to compel the re-assessment of 20 corpora-
tions under the former rules of the board.
On appeal to the Supreme Court of Illinois, the judgment of the
lower court was affirmed (Oct. 21, 1901), and mandamus directed
to be issued.^ The Supreme Court held that since the power of the
state board in assessing the capital stock of corporations was that
a 153 Ills. 609.
h State Board of Equalization v. People, 191 Ills. 529.
88 ASSESSMENT OF CORPORATIONS
of an original assessor, the performance of the duty might be en-
forced by mandamus; that the assessments made were fraudulent;
and that the valuations must be the result of honest judgment and
not mere will.
The collection of the tax on the supplementary assessment was,
however, in a large part enjoined by the U. S. Circuit Court;"
which held that it had been made under duress and not on a proper
basis ; and held that the assessment should be based on the capitali-
zation of net earnings. On this basis the companies eventually
paid on an additional assessment aggregating $7,190,000, and,
including the valuation previously made by the state board, on a
total valuation of $21,034,000. On appeal by the state to the
Supreme Court of the United States, it was finally decided (Oct. 21,
1907) that the injunction of the U. S. Circuit Court was valid, on
the ground that the corporations involved had been assessed on
the basis of the full value of their capital stock, while other cor-
porations had been assessed on the basis of 65% of their value;
and that this discrimination was a denial of the equal protection
of the law.
Assessments since 1900.
In 1901, the capital stock assessments by the state board show
a sudden increase over the original assessments for 1900, — ^from
assessing 334 corporations for an aggregate of $4,808,630 to 749
corporations for an aggregate of $21,477,943. In 1902, the number
of corporations assessed was 1988, and the aggregate capital stock
assessments were somewhat larger than in 1901, — $22,705,627. For
the next five years there was a decrease, until in 1907 capital stock
assessments were made on but 1302 corporations aggregating
$10,608,000, or less than half of the assessed valuations for 1901 and
1902 .*"
In 1908, capital stock assessments amounted to $18,683,448;
and for 1909, under the rule providing that the taxable value should
be one-third of the market value, instead of one-fifth, as formerly,
the aggregate of capital stock assessments (other than railroads) by
the State Board of Equalization was $35,394,441.''
The state board's assessment of railroads has also increased in
recent years; and capital stock assessments have been made (in
addition to the assessment of railroad track and rolling stock) in
a Chicago Union Traction Co. v. State Board of Equalization, 112 Fed. Rep. 557.
b cf. Table XV, p. 224
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(89)
90 ASSESSMENT OF CORPORATIONS
the case of a few railroad companies. In 1908, the state board's
assessed valuation of railroads was $105,5 17,450, of which $2,096,306
was for capital stock. In 1908, the state board's assessment of
railroads (tinder the new rtile of one-third of the market value) was
$178,595,135, of which $2,975,285 was for capital stock.
Practically all of the capital stock assessments are made on
corporations in Cook County, and more than three-fourths of the
total valuation is for a small number of public service corporations
in that cotinty. Thus, in 1909, the capital stock assessments in
Cook County on other than railroad corporations were $34,443,841,
out of a total of $35,404,441; the capital stock assessments on local
public service corporations in that county were $30,903,341; and
for other corporations in Cook County $3,540,500. In all the other
cotmties the total capital stock assessments for corporations other
than railroads were $950,600, of which $733,900 was for local public
service corporations.
Of the 1168 corporations assessed for capital stock in 1909, only
15 were assessed for as much as $100,000, and only 95 for as much
as $10,000. The others were assessed for a few thousand or a few
hundred dollars each.
RULES OF THE STATE BOARD OF EQUALIZATION FOR DETERMINING
THE VALUE OP CAPITAL STOCK OP CORPORATIONS, 1873, 1900,
1901 AND 1909.
On September 12, 1873, the following resolution was adopted by
the State Board of Equalization for determining the value of
capital stock of corporations : —
Resolved, That for the purpose of [ascertaining the fair
cash value of the capital stock, including the franchise, of all
companies and associations now or hereafter created under the
laws of this State, and for the assessment of the same, or so much
thereof as may be found to be in excess of the assessed or equalized
value of the tangible property of such companies and associations
respectively, we, the State Board of Equalization, hereby adopt
the following rules and principles, viz :
First. — The market or fair cash value of the shares of capital
stock, and the market or fair cash value of the debt (excluding
from such debt the indebtedness for current expenses), shall be
combined or added together; and the aggregate amount so ascer-
tained shall be taken and held to be the fair cash value of the
capital stock, including the franchise, respectively, of such com-
panies and associations.
ASSESSMENT OF CORPORATIONS 91
_ Second — From the aggregate amount ascertained as afore-
said, there shall be deducted the aggregate amount of the equali-
zed or assessed valuation of all the tangible property, respectively,
of such companies and associations, (such equalized or assessed
valuation being taken, in each case, as the same may be determin-
ed by the equalization or assessment of property by this Board)
and the amount remaining, in each case, if any, shall be taken
and held to be the amount and fair cash value of the capital
stock, including the franchise, which this Board is required by
law to assess, respectively, against companies and associations
now or hereafter created under the laws of this State."
On November 22, 1900, the following resolution was adopted
making radical changes in the method of determining the value of
the capital stock of corporations : —
Resolved, That for the purpose of ascertaining the fair
cash value of the capital stock, including the franchise, of all com-
panies and associations now or hereafter created under the laws
of this state, and for the assessment of the same, or so much
thereof as may be found to be in excess of the assessed or equalized
value of the tangible property of such companies and associations
respectively, we, the State Board of Equalization, hereby adopt
the following rules and principles, viz:
First. — The capital stock of each said company or association
shall be valued as an entirety, due consideration being given to
the following propositions :
a. To the character and duration of the franchise of said
company or association.
b. To the amount of the contribution (if any) demanded of
and paid by said company or association under the provisions
of any contract or ordinance, to any municipality, as compensa-
tion for the use of its franchise privileges in said municipality.
c. The highest and lowest quotations of the shares of stock of
said company or association during the twelve months immediate-
ly preceding the dates of assessment, and the number of shares of
stock sold at such quotations.
d. Any other fact or condition or circumstance that will
assist in arriving at a just and equitable fair cash value of said
capital stock.
Second. — From the aggregate amount ascertained as afore-
said, there shall be deducted the aggregate amount of the equalized
or assessed valuation of all tangible property, respectively, of
such companies and associations, wherever the same may be
located, (such equalized or assessed valuation of its Illinois proper-
ty, being taken in each case, as the same may be determined by
the equalization or assessment of property by this Board,) and
the amount remaining, in each case, if any, shall be taken and
held to be the amount and fair cash value of the capital stock,
a Report St. Bd. Equalization, 1873, p. 20-21.
92 ASSESSMENT OF CORPORATIONS
including the franchise, which this Board is required by law to
assess, respectively, against companies and associations now or
hereafter created under the laws of this State.
Third. — The above and foregoing, are declared to be the only
existing rules and principles adopted by this Board for its govern-
ment in the assessment of the capital stock of companies or asso-
ciations."
These rules were, however, held by the Supreme Court of the
State, to be in conflict with the intent of the law providing for the
assessment of capital stock by the State Board of Equalization.*
On Dec. 21, 1901, the Board adopted a new set of rules, in the fol-
lowing resolution :
Resolved, That for the purpose of ascertaining the fair
cash value of the capital stock, including the franchise, of all
companies or associations now or hereafter created under the laws
of this State, and for the assessment of the same or so much thereof
as may be found to be in excess of the equalized valuation of the
tangible property of such companies and associations, respective-
ly, we, the State Board of Equalization, hereby adopt the follow-
ing rules and principles, viz :
First. — The fair cash value of the shares of capital stock (con-
sideration being given among other things, to the value of the
shares of stock and the quotations of such shares in the market
over such a period of time as may be reasonable, also the books of
said corporations and the returns made to the Auditor of PabUc
Accounts, or such other information as the Board may have or may
be able to obtain) and the amount of the indebtedness (except
indebtedness for current expenses, excluding from such expenses
the amount paid for the purchase or improvement of property)
shall be combined or added together.
Said State Board of Equalization shall then equalize said
amount so obtained, so that said companies or associations shall
be assessed as near as practicable upon a uniform basis with other
property throughout the State.
Second. — From the aggregate amount so determined and
equalized as aforesaid, there shall be deducted the aggregate
equalized valuation of all tangible property of such corporation
or association, respectively, and one-fifth of the remainder, if any,
shall be taken and held to be the assessed value of the capital
stock of such corporation or association, including the franchise,
over and above the tangible property thereof.
Third. — All heretofore existing rules of this board for the
assessment of capital stoqk, including the franchise, of corpora-
tions, are hereby repealed."^
a Report St. Bd. Equalization, 1900, p. 16.
6 191 111. 529.
c Report St. Bd. Equalization, 1901, p. 28.
ASSESSMENT OF CORPORATIONS 93
These rules were, with one exception, similar to the rules adopted
in 1873. The only important change was incorporating into the
resolution a ruUng of the Supreme Court that the Board might
equalize its own assessments so as to correspond with the valuations
of property made by local assessors.
On September 28, 1909, a resolution was adopted for the assess-
ment of capital stock, which provided that the taxable value should
be one-third of the full value, instead of one-fifth, as formerly, — in
accordance with the change made in that year for the valuation of
other property. This resolution, which shows the present rules of
the Board, follows:
Resolved, That for the purpose of ascertaining the fair
cash value of the capital stock, including the franchise, of all com-
panies or associations now or hereafter created under the laws of
this State, and for the assessment of the same, or so much thereof
as ma}^ be found to be in excess of the equalized valuation of the
tangible property of such companies and associations, respective-
ly, we, the State Board of Equalization, hereby adopt the following
rules and principles, viz:
First. — The fair cash values of the shares of capital stock (con-
sideration being given amongother things, to the value of the shares
of stock and the quotations of such shares in the market over such a
period of time as may be reasonable, also the books of said cor-
porations and the returns made to the Auditor of Public Accounts,
or such other information as the Board may have or may be able
to obtain) and the amount of the indebtedness (except indebted-
ness for current expenses, excluding from such expenses the am-
ount paid for the purchase or improvement of property) shall be
combined or added together.
Said State Board of Equalization shall then equalize said
amount so obtained, so that said companies or associations shall
be assessed as near as practicable upon a uniform basis with other
property throughout the State.
Second. — From the aggregate amount so determined and
equalized as aforesaid, there shall be deducted the aggregate
equalized valuation of all tangible property of such corporation
or association, respectively, and one-third of the remainder, if
any, shall be taken and held to be the assessed value of the capital
stock of such corporation or association, including the franchise,
over and above the tangible property thereof. "^
a Report St. Bd. Equalization, 1909, p. 9.
94
ASSESSMENT OF CORPORATIONS
Table IS.
ASSESSMENTS BY ILLINOIS STATE BOARD OF EQUALIZATION, 1873,
1880, 1890, 1902, 1908, 1909.
1873.
Cook County
Other Counties
Total
Equalized Value of Rail-
road Track and Rolling
Stock
.$3,611,282
$55,706,126
$59,317,408
Capital Stock—
Railroads
(11) 2,510,982
(1) 73,253
(9) 5,052,077
(35) 6,583,527
(48)62,100,089
(1) 1.095,141
(27) 1,273,139
(143) 7,821,314
(51)64,611,071
W. U. Telegraph Co
Other Public Service
(1) 1,168,394
(36) 6,325,216
Other Corporations
(178) 14,404,841
Total Capital Stock
(56) 14,219,839
(219)72,289,683
(266)86,509,522
Total by State Board of
Equalization . . .
$17,831,121
$127,995,809
$145,826,930
1880.
Railroad Track and Rol-
lins Stock
$4,314,124
$40,287,691
$44,601,815
Capital Stock—
'ublic Service Corpora-
tions
Other Corporations
(6) 514,000
(3) 1,245,297
(14) 255,789
(6) 164,374
(20) 769,789
(9) 1,409,671
Total Capital Stock.. . . .
(9) 1,759,297
(20) 420,163
(29) 2,179,460
Total by State Board of
EQualization
$ 6,073,421
$40,707,854
$46,781,275
1890.
Railroad Track and Rol-
$12,075,785
$60,718,611
$72,794,396
Capital Stock—
'. 'ublic Service Corp'ns . .
Other Corporations
(26) 3,726,335
(66) 1,277,860
(112) 1,094,915
(110) 857,799
(138) -1,821,250
(176) 2,135,659
Total Capital Stook
(85) 5,004,195
(223) 1,952,714
(314) 6,956,909
Total by State Board of
Equalization
$17,082,880
$62,668,425
$79,751,305
ASSESSMENT OF CORPORATIONS
Table 15. — (continued)
1902.
95
Cook County
Other Counties
Total
Railroad Track and Rol-
ling Stock
$20,628,933
$64,990,109
$85,619,042
Capital Stock-
Railroads
(6) 2,649,410
(23) 15,794,471
(1449) 5,395,595
(2) 1,642
(194) 1,103,621
(322) 411,940
(8) 2,651,062
(217) 16,898,092
(1771) 5,807,535
Other Public Service
Corporations
Other Corporations
Total Capital Stock
23,839,476
1,517,213
25,356,689
Total by State Board of
Equalization
$44,468,409
$66,507,322
$110,975,731
1908.
Railroad Track and Rol-
ling Stock —
Steam Roads
$19,081,386
5,824,501
$75,786,127
2,733,130
$Q4,867,513
8,557,631
Electric Roads .
Total.
$24,905,887
$78,519,257
$103,425,144
Capital Stock —
. Railroads
Public Service Corp'ns. .
Other Corporations
(6) 1,159,542
(11) 16,863,000
(872) 1,261,298
(4) 932,674
(30) 360,000
(204) 209,150
(8) 4,092,306
(41) 17,213,000
(1076) 1,470,448
Total Capital Stock
(889) 19,273,840
( 238) 1,501,914
(1125) 20,775,744
Total by State Board of
Equalization
$44,179,727
$80,021,171
$124,200,888
1909.
Railroad Track and Rol-
ling Stock —
Steam Roads
$32,309,833
9,409,919
$129,121,743
4,842,098
$161 431 576
14,252,017
Total
$41,719,752
$133,963,831
$175,683,693
Capital Stock —
Railroads
(8) 1,629,766
(44) 30,903,341
(920) 3,540,500
(10) 1,345,515
(102) 733,900
(102) 216,700
(15) 2,975,281
Public Service Corp'ns. .
Other Corporations
(146) 31,637,241
(1022) 3,767,200
Total Capital Stock
(972) 36,073,607
(214) 2,296,115
(1183) 38,379,722
Total by State Board of
$77,793,359
$136,259,946
$214,063,413
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(96)
CHAPTER VII.
TAX RATES AND REVENUES.
Aggregate Valuation.
General property taxes in Illinois are levied by the various
taxing authorities on the aggregate assessed valuation of property,
determined as described in the preceding chapters of this report. Up
to 1866 the aggregate valuation of the State was determined entirely
by the valuations made by the local assessors. From 1867 to 1872
these local valuations were subject to equalization by the State
Board of Equalization. From 1873, in addition to the State
equalization of local assessments, there is also the assessment by
the state board, of railroad track and rolling stock and the capital
stock of Illinois corporations.
The total valuations show, in the main, a steady increase, from
$58,889,525 in 1839 to $510,886,683 in 1873, with no very marked
changes when State equalization was first introduced in 1867. In
1873, however, there is a very notable increase in total assessed
valuations to $1,355,401,317, more than two and a half times that
for the previous year. This increase was due mainly to an increase
in local valuations ; but in part also to the assessments on railroads
and capital stock made by the State Board of Equalization. From
this high water mark of 1873, assessed valuatons were reduced
from year to year, to a minimum aggregate of $778,474,910 in
1898. Since then the valuations both by local assessors and the
state board have been increased, rising to $1,263,500,487 in 1908.
In the next year, with the introduction of the new basis of assess-
ment at one-third of the stated true value, there was a marked
further increase, to an aggregate of $2,158,648,450;- bringing the
total valuation for the first time above the figures for 1873."
The relative distribution of property values as between the
various counties of the State is best indicated by Table xix
(pages 228-237), showing the percentage of the state tax collected
in each county. The most striking change shown in this table is in
the proportion paid by Cook County, which has increased from
11.13 per cent in 1860, and 19.56 per cent in 1873 to a maximum of
41.83 per cent in 1902, and standing over 40 per cent for every
a cf. Table XVI, p. 225.
(7) (")
98
TAX RATES AND REVENUES
year but one since 1900. In fifty years, this county's proportion of
the total assessed valuation of property has increased from a little
more than a tenth to more than two-fifths of the total for the entire
State.
Only fifteen counties besides Cook show any increase in the
percentage of state tax paid in 1907 as compared with 1860, and
most of these show a declining percentage as compared with some
years before 1880. Coimties which show an increasing percentage
during the past decade are Ford, Kankakee, Lake and Williamson.
Most of the counties show a distinct decline in the percentage
of state tax paid; and eight counties, shown below, have lagged
behind so that their percentage is now less than half of that in 1873.
County.
Percentage op State
Tax
1860
1873
1907
2.90
.49
.42
.70
.17
.68
1.4S
.38
2.56
.47
.39
.53
.08
.67
1.18
.29
1.06
Bond
.22
.17
Clinton
.25
Hardin .
04
.21
Pike
45
.14
Tax Rates.
With the wide fluctuations in the bases of assessed valuations
and the large^variations from the standard of true value, the official
rates of taxation in Illinois do not, in themselves, serve to indicate
clearly changes in the actual burden of taxation. But by noting
the more striking changes in the bases of assessment, it is possible
to trace some of the most general tendencies in regard to taxation.
The State tax rate was 20 cents on the $100 of assessed valuation
in 1840; and, with some variations, the rate increased to a maxi-
mum of $1.30 in 1869, and was 75 cents in 1872. The increase in
the rate may be ascribed in considerable part to the declining basis
of assessed valuations ; and, with the marked increase in valuations
in 1873, the State tax rate was reduced by more than half, to 36
cents. From this time the rate shows minor variations, rising to
53 cents in 1887, to 55 cents in 1896, and to 66 cents in 1897. With
the increase in assessed valuations in 1899, the rate was reduced to
42 cents; and for the next nine years ranged from 40 to 55 cents,
TAX RATES AND REVENUES
99
being 50 cents in six of the nine years. In 1909, with the increase
in the basis of assessed valuations, the State tax rate was reduced
to 35 cents."
From an early period, however, the State tax has formed the
smaller part of the taxes on general property ; and the taxes levied
by counties, towns, cities and villages and other local districts
constitute an increasingly larger portion of the total property tax.
Table 16.
RATES OP PROPERTY TAXATION IN ILLINOIS, 1840, 1850, 1860, 1870,
1873, 1880-1909.
[Compiled and Computed from data in Reports of the
AutiiTOR OF Public Accounts.]
State
Total Taxes on General Property.
Year.
Tax.
State
Minimum
Maximum
Cook
Average 6
County Average.
County Average.
County
Average
1840
$ .20
.58
.67
.65
.36
.36
1850
1860
■"■$i".'66
4.55
1.59
3.12
1870
1873
1880
"$i".12
Boone Co.
■■$22Vi32'
Pulaski Co.
■■$5V38""
1881
.48
3.12
1.37
Boone Co.
10.49
Pulaski Co.
4.91
1882
.36
3.18
1.43
Boone Co.
10.34
Pulaski Co.
5.11
1883
.32
3.43
1.73
Boone Co.
6.33
Pulaski Co.
5.29
1884
.35
3.46
1.75
Boone Co.
7.36
Johnson Co.
5.47
1885
.42
3.69
1.91
Boone Co.
6.32
Gallatin Co.
5.57
1886
.35
3.52
1.91
Boone Co.
6.76
Alexander Co.
5.17
1887
.53
3,88
2.01
Boone Co.
6.58
Gallatin Co.
5.47
1888
.44
3.88
1.98
Boone Co.
6.30
Mason Co.
5.54
1889
.38
3.88
2.23
Clinton Co.
6.91
Mason Co.
5.60>
1890
.36
4.20
1.93
Bond Co.
7.02
Mason Co.
6.30
1891
.33
4.50
2.30
Calhoun Co.
7.69
Mason Co.
5.93
1892
.31
4.70
2.13
Edwards Co.
8.03
Mason Co.
6.95
1893
.31
4.73
2.18
Calhoun Co.
7.98
Mason Co.
6.92
1894
.31
4.94
2.36
Calhoun Co.
6.99
Cook Co.
6.99
1895
.52
5.39
2.64
Calhoun Co.
9.01
Cook Co.
9.01
1896
.55
5.61
2.37
Calhoun Co.
8.36
Cook Co.
8.36
1897
.66
5.89
2.56
Calhoun Co.
9.04
Cook Co.
9.04
1898
.56
5.90
2.59
Calhoun Co.
8.96
Cook Co.
8.96
1899
.42
5.16
2.76
Henderson Co.
6.78
Alexander Co.
6.52
1900
.50
6.20
3.00
Henderson Co.
8.45
Cook Co.
8.45
1901
.50
5.30
3.06
Calhoun Co.
7.12
Alexander Co.
6.54
1902
.40
4.94
3.00
Calhoun Co.
6.83
Adams Co.
5.59
1903
.52
5.23
3.09
Calhoun Co.
6.81
Rock Island Co.
6.19
1904
.55
5. SO
3.07
Clinton Co.
7.14
Rock Island Co.
6.69
1905
.50
5.73
3.41
Woodford Co.
9.92
Hamilton Co.
7.01
1906
.50
5.84
3.15
Calhoun Co.
7.36
Cook Co.
7.36
1907
.50
5.90
3.08
Livingston Co.
7.67
Cook Co.
7.67
1908 '
.50
6.06c
3.05
Alexander Co.
Calhoun Co.
7.98
Cook Co.
7.98
1909
.35
3.85d
2.03.
Iroguois Co.
LivmRston Co.
5.20
Gallatin Co.
4.88
a cf. Table 16.
6 Computed from statistics of taxes levied and assessed valuations. The state
averages printed in the reports of the Auditor do not agree with the above figures
for a number of years.
c Excluding Cook Comity $4.73
d .Excluding Cook County $3.12.
100
TAX RATES AND REVENUES
Thus, in 1860, when the State tax was 67 cents on the $100 of
assessed valuation, the total of property taxes levied by all taxing
bodies in the State averaged a rate of $1.66 on the $100. In 1870,
when the State tax was 65 cents, the State average of all property
taxes was $4.55. With the increase in assessed valuations in
1873, the State average of all property taxes was at the rate of only
$1.59 for each $100, which called for almost the same amount as
the rate of $4.55 three years before.
With the reduction in assessed valuations after 1873, the average
total tax rate increased to $3.12 in 1880, to $4.20 in 1890 and to
$5.90 in 1898. The increased valuations in 1899 are indicated in
the lower average rate of $5.16 for that year; and the reduced
valuations for 1900 are reflected in the new maximum average rate
of $6.20. With the firmer establishment of the new basis of valua-
tions, there was a reduction in the average tax rate to $4.94 in
1902, followed by a gradual increase to $6.06 in 1908. On the new
basis of assessment at one-third of the supposed true value in
1909, the State average tax was again reduced to $3.85 on the $100
of assessed valuation. °
On the basis of assessed valuations, the nominal state average
tax rate shows a steady and marked increase until 1909. But if
the census estimates of the true value of tangible property are
approximately correct, the total amoiuit of general property taxes
levied in Illinois has not increased at a much greater rate, if any, than
the increase in the total true value of property from 1860 to 1904. As
shown in the following table, the total property taxes levied in census
years have ranged from 1.02% in 1870, to .69% in 1890 and 1904 of
the estimated true value of tangible taxable property in Illinois.
Table 17.
PROPERTY VALUES AND TAXES IN ILLINOIS, 1850-1904.
Year.
Census Estimates
OF True Value of
Tangible Taxable
Property.
Total
Property Taxes
Levied.
Per Cent
Taxes of
Estimated
Value of
Property.
1850
$ 156,265,006
871,860,282
2,121,680,579
3,210,000,0006
4,880,750,239
6,719,615,640
8,534,009,347
I860
$ 6,121,766
21,825,008
24,533,326
33,991,708
50,240,931
59,452,426
70
1870
1 02
1880
76
1890
69
1900
74
1904
69
a cf. Table 16.
b Estimated total value of Property.
TAX RATES AND REVENUES 101
At the same time, it is probable that property taxes have
increased proportionately, so far as some kinds of property are
concerned and for some taxing districts. It should also be borne
in mind that the above statement does not include special assess-
ments for local improvements.
As between the various counties in Illinois, the average rates of
taxation show large variations below and above the state averages.
Thus, in 1880, the minimum county average rate was $1.12 for
each $100 of assessed valuation for Boone County, and the maxi-
mum county average rate was $22.62 for Pulaski County. In
1907, the minimum county average rate was $3.08 for Livingston
County, and the maximum county average rate was $7.67 for Cook
County. The minimum county average rate has regularly been in
a distinctly rural county, such as Boone or Calhoun County. The
maximum county average rate has sometimes been for a rural and
sometimes for an urban county; but since 1894, Cook County has
had the maximum county average rate for about half of the number
of years.
The minimum county average rate shows a marked increase
from 1880 to 1908, much above the nominal increase in the State
average rate; and it appears that taxes in the counties with the
minimum rates have distinctly increased in proportion to the true
value of property. On the other hand, the maximum county
average rate has not increased to any marked degree; and it
appears that, in proportion to estimated true value, property taxes
in counties with the highest rates are less than in the 80's.
Amount of Taxes Levied.
Table xx (page 238), showing the "State, County, City, Town,
School and other local taxes levied in Illinois, 1872-1909," makes
possible some comparison in the relative growth of taxation for the
different classes of taxing districts.
In 1860, the State tax levy called for $2,523,536; and by 1873,
the state tax levy amounted to $5,023,609, an amount not sur-
passed until 1897. Meantime, the state tax levy was as low as
$2,615,747 in 1894, while since 1900 it has increased to $7,690,861
in 1909. Compared with the state levy in the early 90's, the state
tax levy in recent years, shows a large increase; but in comparison
with the levies made in the decade from 1870 to 1880, the state
levy during the past few years is a smaller proportion of the true
value of property in the state.
102 TAX RATES AND REVENUES
The aggregate of county taxes shows a smaller actual rate of
increase than the state levies; and is now a distinctly smaller
proportion of the true value of property in the state than for the
twenty years before 1890. The total amount of coimty taxes levied
in Illinois remained nearly stationary from 1872 to 1898; and was
higher in 1875 ($6,438,787) than for any year tmtil 1901. During
the past ten years county taxes have been increased from $6,414,367
in 1899 to $10,890,738 in 1909; but the total for 1909 was only
about twice that for 1870, while the estimated true value of property
in Illinois has increased more than fourfold during that period.
In contrast with the stationary or declining proportion of state
and county taxation, in relation to the estimated true value of
property, taxation for city, school and other local purposes, has
been rapidly increasing, not only in actual amount, but apparently
also in proportion to the true value of taxable property.
In 1872, the total of city and other local taxes levied on general
property in Illinois was about $10,800,000, a little more than half
of the grand total of $19,800,000 of property taxes for all purposes
in the state. In 1890, city and other local property taxes levied
amounted to almost $25,000,000, more than two-thirds of the total
property taxes levied of $34,000,000. In 1909, city, school and
other local property taxes levied amounted to about $64,000,000,
out of a total of property taxes of $83 ,200,000. From 1872 to 1909,
these local property taxes multiplied about six times; while the
true value of property for the state is estimated to have multiplied
about four fold. It is probable, however, that much the larger
part of this increase in local taxation has been in the cities ; and if
the statistics of city taxation and the true value of city property
could be segregated, it is possible that the rate of increase in taxa-
tion, even in cities, would not prove to be any greater than the rate
of increase in the total of actual values for all classes of tangible
property in cities.
Table xxi (page 239), showing the amoimt of taxes levied in
Cook County, illustrates further the greater amount of taxes and
rate of increase in urban as compared with rural districts. In 1875,
when Cook County paid 19.76 per cent of the state tax, the total
propertytaxes in that county ($9,597,041) amount to 33 per cent of
the total property taxes in the state ($29,007,461). And in 1907,
when Cook County paid 40.22 per cent of the state tax, the total
propertytaxes in the county ($39,469,361) had increased to 53.5 per
cent of the total property taxes in the state ($73,706,048). From
1875 to 1907, property taxes in Cook Coimty multiplied more than
o
CO
o
in
o '-o ^ i2 "^
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C^y7 70(7 VO/77/A^
(103)
9 lO
tJ —
[in
s
104 TAX RATES AND REVENUES
four fold; while for the state as a whole they have not trebled; and for
the state outside of Cook County, the total taxes have increased
only about 60 per cent.
State Revenue.
Tables xxii to xxiv (pages 240-247) present data in regard
to the revenue of the State Treasury of Illinois. The first of
these deals with the state property tax, showing for each year,
from 1839 to 1908, the amount of state tax charged, the amount of
abatements, commissions, etc., deducted, the net amount, the
amount paid to the State Treasurer and the amounts unpaid. It
will be seen that considerable amounts of the tax levied are not
collected; and that in some years the amount withheld be-
cause of abatements, commissions and injunctions is an important
part of the total. In 1873, the ordinary abatements were more
than 25 per cent of the total state tax levied; and for several years
after that the collection of more than 10 per cent of the state tax
was enjoined by railroads and other corporations. More recently,
from 1902 to 1905, the collection of considerable amounts has been
enjoined, while in 1907, the ordinary abatements were more than
a sixth of the state tax levied.
The two tables which follow the above show the state revenue
for biennial periods since the organization of the state government
in 1818, according to the reports of the State Treasurer and Auditor
of Public Accounts. Table xxiii deals with the ordinary or
general revenue, corresponding for the later years to the general
revenue fund. Table xxiv shows the total receipts of the State
treasury, including special funds in addition to the general revenue
accounts. These tables show a number of other sources of state
revenue, besides the general property tax, — such as revenue from
the sale of state lands, from the Illinois Central railroad, from
insurance taxes and fees, and in recent years from the inheritance
tax. The revenue from the Illinois Central railroad has been
considered in the chapter on the Taxation of Railroads (page 76).
Other special taxes, license fees, etc., are examined in the chapter
immediately following this, — including some revenue accounts not
reported to the State Treasurer or Auditor.
The total receipts of the State treasury have risen from $53,362
for the first biennial period from 1818 to 1820, to $19,588,842 for
the two years from 1906 to 1908. On a population basis, the
increase has been from about $1.30 per capita for the first period to
TAX RATES AND REVENUES 105
about $3.00 for the last two years. The tendency towards an
increase in state revenues has been in the main continuous ; but at
certain dates there has been a much more marked rise than is
usually to be found. Thus after 1850, there were large additions
made in each biennial period until 1858, which multiplied the state
revenue more than fourfold. Again from 1860 to 1862 there was a
noticeable increase, due to the civil war; another marked increase
was in the period from 1868 to 1870. The period from 1872 to
1874, with a total revenue of $11,840,072, was a maximum until
1896-98, when there was another notable increase.
The total revenue of the State of Illinois is, however, much below
that of other states of the same rank in population, wealth and in-
dustrial development. As shown in the tables in Chapter X, the
total revenue of the State of New York in 1909, was $52,285,239,
and that of Pennsylvania was $29,101,183, compared with an
annual average of less than $10,000,000 for Illinois.
State Expenditures.
Table xxv (pages 248-249) shows the State expenditures of
Illinois from 1870 to 1908, as classified in the biennial reports of the
Auditor of Public Accounts. No detailed analysis of these expendi-
tures will be made ; but it may be noted that the largest increases
are for the purposes classed as executive, judicial, charitable and
penal and reformatory ; and that the expenditures for educational
purposes have risen at a slower rate than for any of the other
important classes.
CHAPTER VIII.
SPECIAL TAXES.lLICENSES AND FEES."
'i'
In addition to the taxes on general property, some public revenue
is also received in Illinois, by the state and its various civil divisions,
from special forms of taxation, from licenses and from inspection and
other fees. No one of these additional sources of revenue can com-
pare in importance with the general property tax; but in the
aggregate they furnish a considerable revenue for public purposes.
In most cases, such fees, or part of the proceeds, when collected
by State officials, are paid in to the State treasury. But several
classes of state fees are assigned to pay the expenses of certain
boards or officials, and are not reported to the Treasurer at all, nor
are they included in the accounts and reports of the Treasurer or
Auditor.
From the point of view of revenue, the most important of these
special taxes for state purposes, are those levied on and collected
from insurance companies, the organization fees on corporations,
and the inheritance tax.
Before 1870.
The first Constitution of Illinois had no provision for taxes other
than those levied on the value of property. Nevertheless, the
General Assembly provided for some other taxes or license fees, on
state banks, on insurance agents, on hawkers and peddlers and on
stock brokers, as well as local license fees on taverns, and various
other businesses and occupations. Such charges seem to have
been recognized as within the general powers of the legislature.
In the Constitution of 1848, definite provision was made for
other taxes than those on general property. In the section pro-
viding for taxes by valuation, it was also provided that, —
the general assembly shall have power to tax peddlers, auc-
tioneers, brokers, hawkers, merchants, commission merchants,
showmen, jugglers, inn-keepers, grocery-keepers, toll bridges and
ferries, and persons using and exercising franchises and privileges
in such manner as they shall from time to time direct.
a Thos. Erwin Latimer: Special Taxes in the State of Illinois, (Mss. Essay in
the University of Illinois.)
(106)
SPECIAL TAXES, LICENSES AND FEES 107
The Specifications of the objects and subjects of taxation shall
not deprive the general assemlDly of the power to require other
subjects or objects to be taxed, in such manner as may be consis-
tent with the principles of taxation fixed in this Constitution.
This provision distinctly specified most of the special taxes and licen-
ses established up to the adoption of this Constitution; and under
this clause similar taxes were continued and some others added.
In 1819, a tax of one-half of one per cent was levied upon money
actually paid in on bank stock; and in 1835, the act to incorporate
the State Bank of Illinois provided that the bank should pay into
the State treasury, annually, "one-half per cent on the amount of
capital stock actually paid in by individuals, in lieu of all taxes and
impositions whatsoever,"" Under the second of these acts a
revenue of from $7,000 to $15,000 a year was received, until the
bank was placed in liquidation in 1843.
Special taxes on insurance began as early as 1841, when a semi-
annual license fee of $100 was imposed on the agents of foreign
insurance companies. Two years later this was changed to three
per cent of the premiums on policies issued. In 1852, this charge
was sustained by the .Supreme Court, as a sum paid for the privilege
of doing an insurance business in the State.* A year later, however,
the gross receipts of insurance companies were required to be listed
as personal property ;" and the regular tax on this apparently took
the place of the license fees on agents. Beginning in 1857, other
fees were imposed, to be paid to the State Auditor, of five dollars
for examining and filing the annual report and one dollar for
each certification of authority to agents.
In 1845, a license fee of $100 was imposed on stock and exchange
brokers; but this does not appear to have yielded much revenue.
Receipts into the State treasury from brokers' licenses are reported
at $400 in 1846, and $100 in 1848.
Peddlers and hawkers have generally been subject to special
license fees. At first the revenue from such fees went to the coun-
ties; but by act of 1845, a state license fee of $50.00 was imposed in
addition to the county fee. This yielded a revenue of $2 100 in 1846 ;
but the income steadily declined to $50 in 1869, when the local
authorities again received the exclusive power to license peddlers.
In 1865, an annual fee of $100 was imposed on "substitute
brokers " (who furnished substitutes for enlistment in the army) as a
a Laws of 1835, pp. 7, 14.
b People V. Thurber, 13 111. 554, (1852).
c Laws of 1853, pp. 14, 46.
108 SPECIAL TAXES, LICENSES AND FEES
license fee to secure substitutes for citizens of states other than
IlHnois. There is no report, however, of any licenses being issued
or any revenue being received from this source.
Local license fees were authorized by the first general assembly
of the State on peddlers and taverns, and on toll bridges and toll
roads, to be paid to the counties. Later general legislation extended
the list of occupations subject to license, including ferries (1829),
merchants and auctioneers (1831), and shows and jugglers (1^45).
Beginning in 1833, the special charters of cities authorized the issue
of licenses to a long and varying list of occupations and businesses, —
including taverns, groceries, theatricals, shows, and merchants;
peddlers, hawkers and auctioneers; brokers, money changers, pawn-
brokers, drays, carts, hackney coaches, wagons and porters; and
butchers, innkeepers, runners for stages, boats and hotels, and
insurance brokers and agents. The later charters, especially those
passed after 1848, contain the longer lists.
Constitution of 1870.
The revised Constitution of 1870 added to the enumerated list
of objects and subjects of special taxation liquor dealers, insurance,
telegraph and express interests or business, venders of patents, and
corporations owning or using franchises or privileges; and further
provided that all such special taxes shall be imposed by general law,
tmiform as to the class upon which it operates. Liquor dealers and
insurance interests had already been subject to special taxation,
although not in the enumerated list ; and the mention of these con-
firmed the power of the general assembly. In the other cases, the
changes in the Constitution opened the way for new taxes ; and the
additional power has been used to some extent.
Another clause in the Constitution provided that fees payable to
certain officers should be paid into the State treasury. Before 1870,
the Secretary of State, Auditor and Attorney General, had received
fees collected in their respective offices, but the new Constitution
provided that : —
The oiificers named in this article [Governor, Lieutenant Gover-
nor, Secretary of State, Auditor of Public Accounts, Treasurer,
Superintendent of Public Instruction and Attorney General] shall
receive for their services a salary, to be established by law, which
shall not be increased or diminished during their official terms;
and they shall not after the expiration of the terms of those in
office at the adoption of this Constitution, receive to their own
SPECIAL TAXES, LICENSES AND FEES 109
use any fees, costs, perquiisites of of&ce, or other compensation.
And all fees that may hereafter be payable by law for any services
performed by any ofi&cer provided for in this article of the Con-
stitution shall be paid in advance into the State treasury."
Insurance Fees and Taxes.
In 1869, before the adoption of the new Constitution, the in-
si^ance laws had been revised, and a rather complicated scheme of
license fees imposed. Life insurance companies were distinguished
from fire, marine and inland navigation insurance companies; and
different rates were imposed on domestic and foreign companies.
Notably, the so-called reciprocal clause provided that when the
home state of a foreign insurance company charged foreign com-
panies higher rates for licenses or taxes than did the State of Illinois,
the same rates should be charged such a company. For twelve
years no company was taxed under this clause; but when resorted
to it was upheld by the Supreme Court, and since then the revenues
rmder this provision have been large. Some subsequent legislation
has been declared unconstitutional; and the "reciprocal clause"
of the Act of 1869 has remained the basis for the taxation of foreign
fire insurance companies.
Since 1870, there has been passed a good deal of additional
legislation imposing license fees, at varying rates, on various classes
of insurance companies, — such as local and mutual companies (1872,
1877 and 1887), beneficial and fraternal societies (1883 and 1893),
tornado companies (1889) and accident, surety and casualty com-
panies (1899 and 1905). By act of 1909, fire insurance companies
are required to pay, in addition to taxes previously required, not
exceeding one-fourth of one per cent of the gross premium receipts,
as a fund for the maintenance of the office of fire marshal.
These numerous acts impose a confusing variety of charges on
the different classes of insurance companies. The most usual fee
is for filing a declaration or copy of charter, which ranges from $10.00
to $100.00. Most classes of insurance companies must also pay a
fee of from $1.00 to $10.00 for filing their annual report. Some
classes pay a small fee for annual renewal ; and several pay an annual
fee for their agent's certificate.
The various fees for different classes of insurance companies are
shown in the following table : —
a Constitution Article V. Sec. 2.^.
no
special taxes, licenses and fees
Table 18.
INSURANCE LICENSE FEES
<
n
Class of
Company.
Filing
Declara-
tion OR
Charter.
Filing
Annual
Report.
Agent's
Annual
Certificate.
Special
Provisions.
1841
Foreign Companies.
Foreign Companies.
Foreign Companies.
Foreign Fire
Home Fire
Life (H. & F.)
Township Mutual
Fire
$200.00
1843
3% Gross Receipts.
18S3
Gross Receipts as
1869
$ 30.00
30.00
10.00
10.00
2'57oo""
10.00
10.00
10.00
20.00
30.00
30.00
30.00
30.00
""iooTo'o""
$10.00
10.00
10.00
5.00
1.00
5.00
10.00
2.00
.50
2.00
Personal Property,
r Reciprocal C ause.
■ Net Receipts as
[ Personal Property.
1872
$1.00
f Reciprocal Clause.
\ Exam'n Fee, $30.00
1877
j County Fire
Beneficial Societies;
Home
^
1901
1883
1887
Farmers County
Mutual Live Stock
Mutual Tornado. . . .
Fraternal Secret,
1903
1.00
1.00
5.. 00
1889
1893
Vault & Reg. Fee.
2Sc per $1,000.
Examination Fee.
1893
Life & Accident. . . .
10.00
10.00
10.00
10.00
1899
2.00
2.00
2.00
Reciprocal Clause.
Examination Fee.
Surety
Casualty
Mutual Casualty
and Burglary
Mutual Casualty,
Home
Foreign
Fire Insurance Co's
Fire Mar'l's Fund.
2% Gross Receipts
Reciprocal Clause.
1905
10.00
1909
i of 1 % of Gross
Receipts.
The revenue from insirrance fees for the biennial period 1870-2
was $21,972.65. This increased slowly to $46,074.95 for 1880-82.
With the enforcement of the reciprocal clause against foreign com-
panies, there was a marked increase in the next biennium to
$168,131.39.
During this time and up to 1893, the insurance fees were collec-
ted by the Auditor of State. By act of June 20, 1893, in force July
1st, of the same year, a separate Insurance Department was estab-
lished, under the direction of the Superintendent of Insurance.
SPECIAL TAXES, LICENSES AND FEES
111
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112 SPECIAL TAXES, LICENSES AND PEES
The amount of fees and taxes collected continued to increase rapidly.
During the calendar year 1896, the collections were $181,502.88,
not including fees for advertising and for the examinations of com-
panies; in 1900 the collections were $344,967.75 (a maximum for
some years) ; and in 1907, there was a further increase to $585,986.81.
Up to 1904 the amounts paid to the State Treasurer during each
fiscal biennium ending Sept. 30th, corresponded with the collections
reported by the Insurance Department for the two calendar years
ending the preceding December. In the biennial period ending
Sept. 30, 1906, the treasury receipts appear to include the collections
for the three calendar years 1904, 1905 and 1906, as well as some
refunds by a former Superintendent of Insurance. During 1906-08
the treasury receipts include some further refunds from the same
source.
Corporation Fees.
Before 1870, such registration and incorporation fees as were
collected from corporations went to the Secretary of State or (after
1848) to the Auditor of State. The Constitution of 1870, however,
provided that all such fees should go to the State treasury ; and the
revenue law of 1872 authorized the Secretary of State to make the
following charges: — granting license, one dollar; filing articles of
association, incorporation or consolidation, one dollar; issuing cer-
tificate, one dollar. With these small fees, the revenue was not im-
portant, reaching a maximum of $33,587.68 for the period 1890-92.
In 1893, a general incorporation fee of $25 was imposed; and
the revenue from corporation fees during the next biennial period
was more than doubled (to $74,054.02). In his report for 1894,
the Secretary of State recommended that the incorporation fee
should vary with the amount of capital stock; and the general
assembly of 1895 passed an act establishing a sliding scale of fees,
from $30.00 for corporations with a capital stock of $2,500 or less,
$50.00 for capital stock between $2,500 and $5,000, and $1.00 for
each $1,000 of capital stock over $5,000. For an increase in capital
stock a fee of $1.00 per $1,000 was charged.
Further changes have been made by later legislation. By an Act
of 1897, foreign corporations are required to pay the same fees as
Illinois corporations, upon such a proportion of their capital stock
as is represented by their property in this state. Corporations not
organized for profit pay $10.00 for a certificate of incorporation, and
$1.00 for filing their annual report. In 1899 the fee for an increase
in capital stock was changed to $50.00 for $5,000 or less.
SPECIAL TAXES, LICENSES AND PEES 113
Some classes of corporations are subject to certain special fees.
State banks are required to pay the bank examiner $10.00 per day
and 25 cents mileage, and also $5.00 for filing the quarterly report.
Savings banks pay an organization fee of $5.00; and, if their funds
exceed $100,000, their proportionate assessment to sustain the state
banking department. Building and loan and homestead associa-
tions incorporated in Illinois are required to pay an annual fee of
only $2.00; while those coming from another state pay $50.00 for a
certificate of authority, and $25.00 for its annual renewal. By act
of 1901, corporations for guaranteeing titles to real estate are re-
quired to pay $30.00 upon filing their application for a certificate of
authority, $2.00 for the certificate, and $10.00 when filing their
annual statement.
The increased corporation fees imposed in 1895 brought a con-
siderable revenue ; and at the same time are said to have acted to
prevent the incorporation of fraudulent concerns. For 1894-96
the collections were $178,464.62, considerably more than twice that
for the preceding biennial period; for 1896-98, the collections were
again more than doubled, to $388,529.26; and for 1898-1900 in-
creased to $625,452.79. During the past ten years the changes
have been more gradual; and for the biennial period 1906-08 the
collections from corporation fees were $815,425.89." This amount
compares favorably with the revenue from organization fees from
corporations in other states. But it is small in comparison with the
revenue of a number of the eastern states from special taxes or
fees levied annually on corporations, and based on capital stock,
earnings or dividends.'' Moreover, as already noted, the assessment
of capital stock of Illinois corporations by the State Board of Equal-
ization is not of sufficient amount to produce any large revenue
either for the state or the local authorities.
Inheritance Tax.
In his biennial message to the general assembly in 1895, Gover-
nor Altgeld urged the adoption of an inheritance tax. During this
year, there was passed "An Act to tax gifts, legacies and inherit-
ances in certain cases, and to provide for the collection of the same."
All property, real, personal, and mixed, passing by will, descent or
transfer, taking eft'ect after death, from residents of the state, and
property of non-resident decedents which is within the state was
a Cf. Table 27, p. 130.
b Cf. Chapter X.
C8)
114 SPECIAL TAXES, LICENSES AND FEES
made subject to the tax. Three classes of heirs or legatees were
recognized, each subject to a different rate of taxation, — direct or
lineal, collateral relatives and others. For all classes, transfers or
estates below a certain value were exempted ; and for the third class
the tax rate was progressive, increasing with the amount of the estate.
The rates and exemptions for the several classes were as follows :
Direct or Lineal Heirs. When the property passed to a father,
mother, husband, wife, child, brother, sister, wife or widow of the
son, or husband of the daughter or any adopted child or any lineal
descendant bom in lawful wedlock, the tax rate was one dollar
on each hundred dollars upon the excess over $20,000 received
by each person.
Other near relatives. When the property passed to any uncle,
aunt, niece, nephew or any lineal descendant of such, the tax rate
was two dollars on each one hundred dollars, on the excess over
$2,000 received by each person.
In all other cases, on all estates valued at over $500, the tax
rates were:
three dollars on each hundred, for estates of $10,000 and less,
four dollars on each hundred, for estates of $10,000 to $20,000,
five dollars on each hundred, for estates of $20,000 to $50,000,
six dollars on each hundred, for estates of over $50,000.
Estates for life or for a term of years with a remainder to colla-
teral relatives or strangers, are not subject to the tax; but the tax on
the remainder (after deducting the value of the life or term estate)
is immediately payable, imless those interested give a bond to secure
the payment when they come into the possession or enjoyment of
the property.
By an Act of 1901, property passing for the use of any hospital,
religious, educational, scientific, benevolent or charitable purpose is
not subject to the duty or tax.
Property subject to the inheritance tax is valued by an appraiser
appointed by the county judge, subject to an appeal to the County
Court ; and the tax is payable to the county treasurer, and paid over
by him to the State Treasurer for the benefit of the State. The
coimty treasurer is allowed two per cent on all taxes paid and ac-
counted for; and certain fees are also paid to the county clerk in
connection with inheritance tax matters.
By Act of 1909, the rates of the inheritance tax were increased
in the case of large estates, and the rates were made progressive
for transfers to direct and near relatives as well as to those more
distant. The rates are now as follows; —
SPECIAL TAXES, LICENSES AND FEES llS
Direct Heirs (father, mother, husband, wife, child, brother,
sister, wife or widow of son, or husband of a daughter or adopted
child),
one dollar on each hundred for transfers of $20,000 to $100,000,
two dollars on each hundred for transfers of over $100,000.
Other Near Relatives (uncles, aunts, nieces, nephews, or their
lineal descendants),
two dollars on each hundred for transfers of $2,000 to $20,000,
four dollars on each hundred for transfers of over $20,000.
In all other cases,
three dollars on each hundred on all estates of $500 to $10,000,
four dollars on each hundred on all estates of $10,000 to $20,000,
five dollars on each hundred on all estates of $20,000 to $50,000,
six dollars on each hundred on all estates of $50,000 to $100,000,
ten dollars on each hundred on all estates of over $100,000.
The inheritance tax law of Illinois has been upheld as constitu-
tional by the Supreme Court of Illinois and the Supreme Court of the
United States. In Kochersperger v. Drake (167 111. 122,-1897) the
Supreme Court of Illinois held it to be a tax, not upon property but
upon the right of succession thereto.
A tax which affects the property within a specific class is
uniform as to that class, and there is no provision of the Consti-
tution which precludes legislative action from assessing a tax on
that particular class. By this act of the legislature, six classes
of property are created heretofore absolutely unknown. It is
those classes of property depending upon the estate owned by
one dying possessed thereof which the state may regulate as to
its descent and the right to devise. The tax assessed on classes
thus created is absolutely uniform on the classes upon which it
operates, and under the provisions of the statute is to be deter-
mined by valuation, so that every person and corporation shall
pay a tax in proportion to the value of his, her or its property
inherited ; and it is not inconsistent with the principle of taxation
fixed by the Constitution, and it is clearly within the sections of
the Constitution quoted. No want of uniformity with one living
who owns property can be urged as a reason why the statute
makes an inconsistent rule. No person inherits property or can
take by devise except by the statute ; and the state laaving power
to regulate this question may create classes and provide for
uniformity with reference to classes which were before unknown.
The Supreme Court of the United States, in the case of Magoun
V. Illinois Bank (170 U. S. 283,-1897), referring to cases upholding
the constitutionality of state inheritance taxes, said:
They are based on two principles: 1. An inheritance tax
is not one on property, but one on the succession. 2. The right
to take property by devise or descent is the creature of the law,
116 SPECIAL TAXES, LICENSES AND FEES
and not a natural right — a privilege, and therefore the authority
which confers it may impose conditions upon it. From these
principles it is deduced that the States may tax the privilege, dis-
criminate between relatives and between these and strangers,
and grant exemptions ; and are not precluded from this power by
the provisions of the respective State Constitutions requiring
uniformity and equality of taxation.
More particularly, the Court held that the Illinois law did not
conflict with the provision of the fourteenth amendment to the
Constitution of the United States, which declares that no State
shall deny to any person within its jurisdiction " the equal protection
of the laws."
The rule * * * only prescribes that that law have the
attribute of equality of operation, and equality of operation does
not mean indiscriminate operation on persons merely as such, but
on persons according to their relations * * * * . The State
may distinguish, select, and classify objects of legislation, and
necessarily this power must have a wide range of discretion. * *
If the constituents of each class are affected alike, the rule
of equality prescribed by the cases is satisfied. In other words,
the law operates equally and uniformly upon all persons in similar
circumstances .°-
The revenue from the inheritance tax amounted to $39,179.98,
for the biennial period 1896-98, to $958,785.75 for 1898-1900,
increased to a maximum of $1,376,113.91 for 1904-06, and was
$782,743.49 for 1906-08. The annual average since 1898 has been
about $500,000. This is a larger revenue than is received from
inheritance taxes in most of the states; but it is considerably less
than in California, Massachusetts and Pennsylvania, and only a
small fraction of that received in New York. The receipts from
inheritance taxes in these states for the last fiscal year were as fol-
lows:
New York, (year ending September 30, 1909) $6,962,615
Pennsylvania, (year ending November 30, 1909) 1 , 739 . 852 ■
Massachusetts, (year ending November 30, 1909) 908, 134
California, (1907) 740,940
The larger revenue received in these states is due, in part at
least, to higher rates of taxation on inheritances, and to lower ex-
emption limits than in Illinois.
In New York the rate in the case of direct heirs has been the
same as Illinois (one per cent), but the exemption was only $10,000
for the whole estate, instead of $20,000 for each person; while the
rate in the case of all collateral heirs has been five per cent, with an
a cf. Billings v. Illinois, 188 U. S. 97 (1903).
SPECIAL TAXES, LICENSES AND PEES 117
exemption of only $500. In 1910, a series of graded and progres-
sive rates was established, rising for large estates to five per cent for
direct heirs, and to 25 per cent for bequests to strangers in blood.
Pennsylvania imposes no [inheritance tax in the case of direct heirs,
but the tax on collateral inheritances is five per cent, with an ex-
emption of only $250. In Massachusetts, the rate in case of direct
heirs is from one to two per cent, with an exemption of $10,000; and
in the case of collateral heirs, from three to five per cent, with an
exemption of $1,000. In Wisconsin and California the rate on
direct inheritances is from one to three per cent, and on collateral
inheritances from 1^ to 15 per cent.
In European countries inheritance taxes have also been imposed
at progressive rates, which rise even higher than in the United
States, and have become very important sources of revenue. In
Great Britian (under the budget of 1909-10) any portion of an
estate exceeding $750,000 (£150,000) will pay at least 10 percent;
and any part of an estate of over $5,000,000 (;£1, 000,000) passing to
a very distant relative or by will to a stranger in blood pays about
23 per cent. In France, on so much of any inheritance as exceeds
1,000,000 francs, the rates are from 3 to 18^ per cent, and on the
portion over 50,000,000 francs ($10,000,000) very distant relatives
are required to pay 20^ per cent, and direct heirs 5 per cent. In
Germany the rates are still more sharply progressive; and inheri-
tances exceeding 1,000,000 marks ($250,000) going to distant
relatives are taxed 25 per cent .2 Nine of the Canadian provinces
have inheritance taxes, all graded and progressive. The lineal
rates are from one to ten per cent, with exemptions from $5,000 to
$50,000; the collateral rates are progressive, from 2^ to 15 per cent,
on amounts in excess of $2,000 to $80Q,000.'
The International Tax Conference on State and Local Taxation
has endorsed a bill for an inheritance tax at rates from 1 to 4 per
cent on transfers to near relatives and from 2 to 1 5 per cent on
collateral inheritances. It thus appears that the rates of taxation
on inheritances in Illinois have been low, and even the increased
rates of 1909 are moderate, in comparison with other American
states and with foreign countries. An increase in rates to those of
New York, Wisconsin or California, would bring in much larger
revenue than at present.
It is also probable that the administration of the inheritance
tax could be made more efficient, by further supervision over the
a Dept. of Commerce and Labor: Digest of Inheritance Tax Laws (1907),
b Second National Conference on State and Local Taxation (1908) p. 173.
118 SPECIAL TAXES, LICENSES AND FEES
local officials directly charged with the assessment and collection
of the tax. In Massachusetts, the State Tax Commissioner has
important powers in connection with the inheritance tax, and his
office is a "clearing house for all the probate courts of the Common-
wealth."" In New York, the State Comptroller appoints ap-
praisers in fifteen counties, and attorneys in every county, in
connection with transfer tax cases, and he may appeal from the
original appraisal in any case.*"
Canal Tolls and Other Canal Revenues.
The financial transactions connected with the construction and
operation of the Illinois and Michigan Canal have formed an im-
portant part of the financial history of the state. Yet the canal
finances are only partially reported in the accounts of the State
treasury; and the ordinary receipts from tolls and rentals are
published only in the reports of the canal trustees and the board of
canal commissioners.
As early as 1822, Congress authorized the vState of Illinois to
open a canal to connect the Illinois River with Lake Michigan ; and
in 1827 made a grant of land to aid in its construction. After
various preliminary surveys and abortive efforts at construction,
active work was begun in 1836 and continued until the failure of
the State Bank and the breakdown of state credit in 1842. In
1845, an additional loan of $1,600,000 was secured by turning over
the canal and the canal lands to a board of trustees for the benefit
of the creditors, the canal and canal property to revert to the state
on the completion of the trust. The trustees completed the canal,
which was opened in 1 848 ; and continued in charge of its operation
and finances until 1871, when it was turned over to the state.
Meanwhile, the City of Chicago had lowered the summit level
of the canal, the cost of which was later repaid by the state; and
in the 70's, navigation on the Illinois River was improved by the
construction of locks at Henry and Copperas Creek.
The expenditure for construction of the canal and river im-
provements was about $10,300,000. In addition, interest pay-
ments on loans, which have not been fully computed, amounted to
several millions; so that the outlay (exclusive of operation, main-
tenance and repairs) has been more than $13,000,000.
a Report of the Tax Commissioner, 1909, p. 35.
b Report of the State Comptroller, 1910, pp. xvi fi.
SPECIAL TAXES, LICENSES AND FEES 119
Table 20.
EXPENDITURES FOR CONSTRUCTION, ILLINOIS AND MICHIGAN
CANAL.
By the State, up to 1845 $ 5, 133,062.21
By the Board of Trustees, 1845-1871 1,429,606.21
By City of Chicago — deep cut 2,955, 340 . 00
Illinois River Improvements, — 1878 795,284.82
Total $10,313,293.24
Interest and Premiums on Loans
BY Board or Trustees.
1845-1871.
On Loan of $1,600,000 $ 553,771.31
Arrears on Registered Bonds 2, 155, 622. 35
Premiums on Gold for payments in
London 370,864.42 3,080,258.18
$13,393,551.42
Loans and Land Sales.
Until the Canal was opened, the principal source of revenue was
loans. The bonded canal debt in 1845 was $5,383,000; and the
new loan of $1,600,000 made at that time made $7,000,000 borrowed
capital. The work done by the City of Chicago in lowering the
summit level was also equivalent to a loan by the city to the State,
so that the total loans amounted to about $10,000,000. These
loans, with interest, were later repaid to a considerable extent
from the sale of canal lands, tolls and other canal revenues. But
the payments from these sources appear to account for only about
$8,500,000; and the remainder was paid from general taxation, the
Illinois Central Railroad Fund, and perhaps from other sources of
state revenue.
The 480,000 acres of land granted by the United States Govern-
ment were expected to pay a large part of the cost of the Illinois
and Michigan Canal. Up to 1842, about half of this seems to have
been sold for upwards of a million dollars.
In 1845, there was turned over to the Board of Trustees 224,965
acres of canal lands, and 5927 town lots in various towns along the
canal from Chicago to LaSalle. Most of these lands and lots were
sold by the trustees ; and they formed the largest source of revenue
during the period from 1845 to 1871. The maximum revenue in
one year from lands was $628,812.35 in 1855; and the aggregate
from 1845 to 1871 was $4,706,482.68.
The canal trustees turned back to the state in 1871 about 300
acres of unsold land and about 400 lots, valued at $78,498.88. Since
then sales have been gradually made, amounting usually to only a
120 SPECIAL TAXES, LICENSES AND FEES
few thousand dollars a year, but in 1907 to $42,071.78. The
receipts from land sales from 1871 to 1908 have been $121,942.83.
The total receipts from the land grants have been about $6,000,000,
as follows : —
Table 21.
PROCEEDS OF SALES OF CANAL LANDS.
1830— 10,580 acres $ 14,204.87
135 acres in Chicago and Ottawa 4,594.00
1836— Sales in Chicago and Ottawa 544,074.97
1836-42-40,295 acres 302,248.40
189 lots 77,793.00
Stone and Timber 9 , 659 . 00
1842— Due Canal Fund, a /c Sales 207 , 682 . 53
Total $1,160,256.77
1845— Total Receipts from Sales.b 1 , 152 ,064. 79
1845-1871— By Board of Trustees 4,706,482.68
1871-1908— By Canal Commissioners 121,942.83
Total $5 , 980 , 490 . 30
The canal lands still owned are nearly all lots in the cities along
the canal ; and with the increase in the value of this urban property,
especially in Chicago and Lockport, the present holdings have been
valued (Nov. 30, 1907) at $168,878.59, or more than twice the
valuation placed on the lands and lots held in 1871.
Canal Tolls.
When the canal was opened in 1848 a tariff of tolls was estab-
lished by the Board of Trustees. This included boat tolls, tolls on
passengers and tolls at specific rates on about 150 different com-
modities. There were 13 different rates of freight tolls on goods
charged by weight, ranging from one mill per 1,000 pounds per
mile, on ice and coal, to 25 mills on spirits (except whiskey) and
furs. Tolls on lumber were based on measurement, and on brick
on number.
Toll rates were changed from time to time, and tended down-
wards. The toll sheet of 1867 shows ten sets of toll rates per 1,000
pounds, ranging from one mill on coal, clay and sand, to 8 mills on
household furniture. A comparison of the tolls in 1848 and 1867
shows a number of interesting changes in the toll rates on various
commodities, The tolls on general merchandise (not otherwise
specified) had been reduced from 15 mills to 4 mills; and on raw
cotton from 10 mills to one mill per 1,000 pounds per mile. On
a Message of Gov. Ford, Dec. 8, 1842.
b Report of Chief of Engineers, U. S. A., 1887, pp. 2147, 2148
SPECIAL TAXES, LICENSES AND FEES 121
other articles, such as hides, molasses, and potatoes, the reduction
had been much less ; and on some goods the tolls had been increased,
as on com and oats from 3 to 4 mills per 1,000 poimds per mile.
In 1872, the tolls on com, oats and lumber were reduced; and
the toll sheet of 1875 shows marked changes, both in rates and in
the kind of goods shipped by canal. The list of commodities on
which rates were announced was reduced from 150 to 50, most of
the more highly finished articles no longer appearing. Rates were
also lowered, ranging from ^ mill per 1,000 lbs., on coal, to a maxi-
mum of 3 mills, on household furniture. On some articles the toll
on through freight was lower than on local freight.
Further reductions were made in toll rates in 1880 and 1888;
but almost no change has been made since the latter date.
The revenue from canal tolls amounted to $87,883 in 1848;
increased to $118,375 in 1849, and continued to increase to a maxi-
mum of $302,958 in 1866, this year showing the largest number of
boat clearances on the canal. After that date, although traffic
held its own , the receipts from the lower toll rates decreased to$149,635
for 1870, the last full year under the board of trustees. During
this period the receipts from tolls aggregated $4,405,658.27; ex-
penses for administration, maintenance and repairs for the same
period were about $2,500,000, leaving a considerable balance which
went towards paying the interest and principal of the canal debt.
After 1870, the receipts from tolls continued to decline, although
the tonnage moved showed no marked falling off. In 1878, the
receipts from tolls were less than $100,000; and in 1882, when the
traffic reached the maximum of 1,011,287 tons, the receipts from
tolls were only $85,947. Since 1879 the receipts from tolls have
been less than the current expenses for maintenance and repairs;
but with the other revenues from rentals and sales of land, they
were sufficient to meet these expenses for twenty years more. After
1892, and more notably after 1899, the tonnage of traffic on the
canal rapidly decreased, to a minimum of 35,480 tons in 1906. In
1899 receipts from tolls and lockage fees from the Illinois River
locks were only $34,022; in 1900, they had decreased to $16,440;
and by 1907, to $2,176.87.
122
SPECIAL TAXES, LICENSES AND FEES
Table 22.
RATES OF TOLL AND LOCKAGE, ILLINOIS AND MICHIGAN CANAL,
1848, 1867, 1875, 1880 and 1888.
[Compiled from Reports of the Board op Trustees and Canal Commissioners]
1848
1867
1875
1880
1888
Freight Boats, cts.
per mile
CoalBoats, per mile
Passenger Boats,
per mile
Lockage at Henry,
cents per ton
measurement. . .
Lockage at Cop-
peras Creek, cts.
per ton msm't. .
Passengers, each . .
3.5
3.0
6.0
.4
3.5
3.0
"".2
3.5
1.5
3.0
1.0
1.0
3.0
1.0
1.0
Mills, Per 1000 Lbs.
Per Mile.
K «
it
u M
O «
a
<
8
11
8g
is
is
U w
o «
g
u
Spirits (except
whiskey) & Purs
Househ'dFurnit're
Household Furni-
ture, (with emi-
grant families) . .
Baggage
Merchandise
25
20
15
20
15
15
15
12
12
12. .
10
10
10
10
10
8
8
7i
7
6
6
3
3
3
3
2i
2
2
1
1
1
6
8
5
4
5
3
6
5
3
3
3
50
2
2
30
2
2
30
2
2
50
2
2
30
1
1
30
Tobacco, Mfd, ....
Molasses
Sugar
Coffee
i
Hides, Wagons,
Eggs
6
S
4
3
1
4
3
2i
4
4
3
4
4
4
3
2 ■
1
1
li
1
Butter, Fish
Wool
Whiskey, Soap . . .
Cotton raw
1
1
30
Beef
Pork Bacon. . -.
Flour
2
2i
2i
3
30
50
2
14
2
14
30
30
1
1
J
^0
Wheat
15
Salt
1
24
24
14
3
3
50
50
48
1
14
14
14
14
14
20
30
30
1
J
i
70
Oats
15
Com ....
124
Stone, cut & sawed
Lime, common. . . .
Coke
2
1
1
4
1
4
2
2
1
4
14
4
50
30
30
30
30
15
1
i
4
4
14
1
4
4
4
2
4
20
30
30
10
15
15
1
i
i
4
14
i
1
i
2
i
20
SO
Clay
SO
Sand
10
Ice
15
Coal
15
Limiber,perlOOOft
Dressed Flooring,
1,000 ft
Siding, per 1 ,000>ft
Lath, per 1,000. . .
Shingles, per 1 ,000
Brick, per 1,000, .
10
24
10
12i
"is"
2
2
10
64
5
4
1
1
5
74
6
5
1
1
S
100
100
100
30
30
100
4J
3
14
i
f
2
5
4
2
1
4
3
50
50
25
124
10
50
"i'
5
4
2
1
4
3
50
SO
25
124
10
50
SPECIAL TAXES, LICENSES AND FEES 123
Leases and Rentals.
In addition to the canal tolls, there are some other sources of
income in connection with the management of the canal property.
Formerly these were of very minor importance ; but in recent years,
with the decline in receipts from tolls, they are relatively of more
significance. The more permanent sources are from leases and
rentals of the 90-ft. strip of land on either side of the canal and for
the use of water power; while more fluctuating sources of income
are from interest, the sale of stone, timber, old materials and other
miscellaneous items. During the trustee period (1845-1871), the
revenue from these sources generally ranged from $3,000 to $10,000
a year; but occasionally was larger, with the maximum of $30,000
in 1866. After 1871, the ordinary revenue from these sources in-
creased; and after 1881 it was regularly over $20,000 a year. Since
1900, the revenue from these sources has decreased; and was
$15,858.81 in 1908. The larger part is now received from water
power rentals, which yielded $9,288.43 in 1908. The receipts from
rentals, leases and miscellaneous items are now several times the
receipts from canal tolls and lockage fees. From 1900 to 1908, the
income from the former sources was about $140,000; and from the
latter $36,000.
For some years after 1870 the ordinary canal revenues were
considerably larger than the ordinary expenses; and, as provided
by act of 1872, payments were made to the State treasury. In
1872, these included the balance of $92,545.79 turned over by the
board of trustees, and $136,000 from the new canal commissioners
to the Illinois River improvement f\uid, and $36,080.33 to the
general revenue fund. In the next two years, $183,000 was paid
into the Illinois River fund; and in the following four years $96,000
to the same fund. Altogether about $500,000 was paid to the
treasury, but onl}' $36,080 to the general revenue fund. Since
1877, there has been no payment to the treasury, except in 1895,
when $50,000 was turned over. In 1879, and afterwards from
time to time, the general assembly made contingent appropria-
tions to meet canal expenses if needed; but these were not used,
except $25,000 in 1891 and 1892. Two years after the canal com-
missioners made the last deposit (of $50,000) in the treasury, their
balance was so reduced that the general assembly appropriated
the same amount ($50,000) toward canal expenses; and from 1899
on, legislative appropriations were made to supplement the canal
revenues. In 1903, the Supreme Court held that appropriations
124
SPECIAL TAXES, LICENSES AND FEES
for the canal were in violation of the provision in the Constitution
of 1870 that "the general assembly shall never loan the credit of
the state, or make appropriations from the treasury thereof, in aid
of railroads or canals."" Since then, however, appropriations
have been made for the Illinois River, the locks and improvements
in which are practically an extension of the canal; and these
appropriations have been an addition to the revenues of the canal
commissioners. During the past ten years, about $300,000 have
been received from such appropriations.
Table 23.
GENERAL ACCOUNT OF THE BOARD OF TRUSTEES OF THE ILLINOIS
AND MICHIGAN CANAL, FROM JUNE 26, 1845 TO APRIL 30, 1871.
Receipts.
Payments.
Loan of $1,600,000, principal and interest. .
Construction of Canal Feeders, etc
Canal lands, sales, protection, etc
Arrears of interest on registered bonds
Principal of registered bonds
Maintenance and Repairs of Canal and Feeders
Tolls, Collections, Inspection and Salaries
Canal damages, flowage, etc
General expenses and contingencies
Premium on gold for dividends on bonds pay-
able in London
Interest and Exchange
Losses on "wild cat" currency, counterfeit
bills, broken banks, etc
Balance April 30, 1871
1,601,891.90
2,132.25
4,706,482.68
111,003.97
4,405,658.27
3.00
923.27
181,412.07
2,153,771.31
1,429,606.21
115,523.32
2,155,622.38
2,195,463.67
1,853,049.61
160,462.71
22,163.32
421,600.82
370,864.42
21,073.80
14,563.52
95,742.41
Totals .
$11,009,507.41
$11,009,507.41
SUPPLEMENTARY STATEMENT, TO SEPTEMBER 30, 1871.
1871
April 30 . .
Aug. 16.. ,
Sept. 30 . .
Balance due State of Illinois
Interest
$95,742.41
1 264 95
Interest
446 18
General Expenses and Contingencies
Exchange on New York
$4889.77
17.98
Aug. 16.. .
$97,453.54
4 907 75
Balance paid to State Treasury
Oct. 7 . . . .
$92 545 79
a Burke v. Snively, et. al., 208 111. 328. (1904).
SPECIAL TAXES, LICENSES AND FEES
125
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128
SPECIAL TAXES, LICENSES AND FEES
Table 26 — Continued.
RECEIPTS AND DISBURSEMENTS ON ACCOUNT OF THE CONSTRUCTION OF LOCKS AND
DAMS AT HENRY AND COPPERAS CREEK, IN THE ILLINOIS RIVER.
Period.
Appropriations
Disbursements
To Dec. 1, 1870. . .
$400,000
$172,303.58
227,696.42
1 Lock and Dam
J at Henry.
To Jan. 15, 1872
$400 , 000 . 00
XJ. S. Government
By State-1875
-1877
$ 62,359.80
190,303.32
157,444.19-
■j Lock and Dam
|- at Copperas
J Creek.
$410,107.31
receipts and disbursements op the canal commissioners, on account op
the little WABASH RIVER IMPROVEMENTS.
Year.
Appro-
priations.
Tolls, Wa-
ter Power,
ETC.
Total
Receipts.
Disburse-
ments.
Balances
1870
$35,000
$2,108.71
3,139.65
636.96
1,930.25
433.36
350.84
330.00
330.00
$37,108.71
$36,124.13
1,312.53
2,500.00a
295.41
2,945.98
360.69
78.81
234.28
31.85
$984 58
1871-2
1873
311.70
653 25
1874
1875
1876
362.736
290.066
18 03 6
1877
77 69
1878
375 84-
a To State Treasury.
h Deficit.
EXAMINATION, INSPECTION AND MINOR LICENSE FEES.
In addition to the fees and special taxes on corporations, insur-
ance companies and inheritances, which bring in a considerable
revenue, there is a large number of minor examination, inspection
and license fees imposed by the state and collected by various
of&cials and boards. In some cases, small amounts are paid into
the State treasury from these sources; but none of them produce
any important revenue, and in a number of cases there have been
no payments into the treasury, and the receipts can only be learned
by examining the reports of the various boards and offices.
SPECIAL TAXES, LICENSES AND FEES 129
Sundry Fees Paid to Secretary of State.
In addition to the corporation fees, various other fees are paid
to the Secretary of State: for notarial, justices', and miscellaneous
commissions, for anti-trust affidavits, and other items. For several
years fees for hunters' licenses and employment agents were also
paid to this official; and since 1907 license fees for motor vehicles
and chauffeurs are paid to him. Taken together, the collections
for these minor fees amounted to $11,094 for 1880-82; and have
increased to $105,435 for 1906-08. Of this latter amount $39,884
was for automobile fees.
Combining the corporation fees with these other items, the total
net collections of fees by the Secretary of State amoimted to $14,125
for 1872-74; to $97,786 for 1892-94, and to $898,857 for 1906-08."
Up to 1892, the fees collected by the Secretary of State appear
to have been turned over to the State Treasurer every six months ;
and the amounts received by the Treasurer for each fiscal period of
two years corresponds, in most cases exactly, with collections report-
ed by the Secretary of State. In 1894, the Secretary of State paid over
to the Treasurer the collections for the six months ending September
30th on October 1st, after the Treasurer's books were closed; and
the treasury receipts thus appear about $28,000 less than the
collections by the Secretary of State. A similar situation appeared
at the end of the next two-year period, in 1896.
After the latter date, the vSecretary of State ceased to report
collections semi-annually, as had been done before; and simply
reported the total collections for each two-year period, with no
statement as to the amovints paid over to the State Treasurer.
From this time, treasury receipts from the Secretary of State, as
shown by the reports of the Treasurer and Auditor, fall consider-
ably below the collections of the Secretary of State, in one year by
nearly $150,000; and by the end of 1904 the aggregate of collections
reported was more than $450,000 larger than the sums paid over to
the Treasurer.
During 1904-06 a large part of this difference was paid into the
treasury, — ^the treasury receipts for this period being $224,000 more
than the collections by the Secretary of State. In the next two
years (1906-08), the treasury receipts were again larger than the
collections ; and most of the collections appear to have been turned
over to the treasury. The Secretary of State's report, however,
continues to state simply the amount of collections, and does not
state (as up to 1896) the amounts paid to the Treasurer.
a cf. Table 27, p. 130
(9)
130
SPECIAL TAXEvS, LICENSES AND FEES
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CHAPTER X.
TAXATION OF CORPORATIONS IN THE UNITED STATES.
The general property tax is still a more common basis for the
taxation of corporations than any other system of taxation. But in
most of the states there are variations in the methods of assessment or
in the application of the general property tax, for all or certain classes
of corporations, — such as a central state assessment, or the assess-
ment of capital stock or franchises. In a number of states distinct
methods for the taxation of corporations, differing from the general
property tax, have been established, such as state taxes on capital
stock or on gross or net earnings. To a large extent these variations
in methods of assessment and the distinct corporation taxes are
different ways of endeavoring to secure the same result, — ^the assess-
ment and taxation of the property of corporations at its full value,
as distinguished from the stun of the values of the detached items
of physical property.
GENERAL PROPERTY TAX.
In all the states, corporations are generally assessed and taxable
upon at least a part of their property for local purposes ; and in many
states the state constitution prevents the exemption of corporate
property from taxation under the general property tax, or the
substitution for it of any other kind of tax upon corporations. But
even where the taxation of corporations is based on the general
property tax, there are in every state some differences in the admin-
istration of the tax system with reference to at least some classes
of corporations. In most states some corporate property is assessed
by a state board ; in a considerable number of states capital stock of
corporations is distinctly assessable for taxation; and in others the
valuation of corporate franchises is required to be included in the
property assessment.
Capital Stock.
A number of states specifically provide for the assessment of the
capital stock of corporations, — or more exactly, for levying taxes
on the amount by which the value of the capital stock exceeds
(167)
168 TAXATION OF CORPORATIONS IN THE UNITED STATES
the value of tangible and other property assessed to the cor-
porations. This "corporate excess " is taxable to the corporation
in Illinois, Indiana, Minnesota, Nebraska, North Dakota, South
Dakota, Tennessee, Mississippi and North Carolina. The assess-
ment of capital stock is usually made by the local assessors ; but in
Illinois is made by the State Board of Equalization.
Contrary to the general theory of the general property tax,
shares of stock are usually not taxable to the holder; but there are
some exceptions. In fotir states (Delaware, Georgia, Louisiana and
Washington) stockholders appear to be taxable on their stock,
without reference to any taxes paid by the corporations; and in
three others (Maryland, Alabama, and — ^for some corporations —
Iowa) stockholders are expressly taxable on that portion of their
holdings which represents corporate excess.
In many other states, capital stock of corporations is subject to
corporation taxes distinct from the general property tax. Thus in
Massachusetts, the "corporate excess" is subject to state taxation;
and in New York and Pennsylvania there are state taxes on capital
stock in lieu of other taxes. These and other instances of distinct
corporation taxes are noted further below.
'"The capital stock of mercantile and manufacturing corporations
was taxed in one form and another in 1903 in the following (22)
states and territories : Alabama, California, Colorado, District of
Columbia, Illinois, Indiana, Kansas, Louisiana, Massachusetts,
Maryland, Minnesota, Mississippi, Nebraska, North Carolina, North
Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Vermont
and Virginia.""
Bank stock is in most states (as in Illinois) assessed at the bank
in the name of the shareholders, at market or book value of shares,
at the same rate as other personal property, with allowance for
any property assessed and taxed to the bank. In some states, bank
stock is assessed to the shareholder where he resides, unless out of
the state. In several states, banks are subject to a special corpora-
tion tax.
Franchises.
Another method of assessing corporations so as to tax the excess
value of their capital stock is by including corporate franchises in
the valuation of their property. Frequently corporate and special
franchises are taxed under the general property tax by coming
a Third International Conference on State and Local Taxation, p. 314.
TAXATION OF CORPORATIONS IN THE UNITED STATES
169
Table 41.
ASSESSMENT OF CORPORATION PROPERTY BY STATE OFFICIALS.^
State or
Territory
Rail-
roads
Tele-
graph
Co.'s
Tele-
phone
Co.'s
Sleeping
Car Co.'s
Etc.
Express
Co.'s
Frt. Line
& Eq'p't
Co.'s
Street
Rail-
roads
Pipe
Lines
Maine (*)
New Hampshire .
Vermont (o)
Massachusetts {b)
Connecticut (^)
Yes
Some
Yes
Yes
Some
Some
Rhode Island. . . .
New York (b) . . .
New Jersey {>>) .
Pennsylvania (6) .
Some
Yes
Some
Maryland
Virginia {b)
W. Virginia (*) . .
N. Carolina (b)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Florida
Yes
Yes
Yes
Yes
Yes
Yes
Mississippi
Yes
Yes
Yes i
Yes '
Yes 1
Yes 1 Yes
Yes
Texas (*)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Kentucky
Ohio {b)
Yes
Yes
Yes
Yes
Yes
■■■■-■-■■
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes Yes
Yes Yes
Yes
Yes
Yes
Michigan
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes ! Yes
Minnesota (*) ...
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Missouri
Kansas
Yes 1 Yes
Yes 1 Yes
Yes
Yes
"Yes"
Nebraska
""Yes"
Yes
South Dakota. . .
North l3akota. . .
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Wyoming
Colorado
New Mexico
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Utah
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
ij
Yes
b
Yes
Yes
Washington
a Compiled from U. S. Census Report on Wealth, Debt. & Taxation (1902), and
N. Y. State Library Legislation Bulletins.
b Distinct State Taxes on Corporations.
170 TAXATION OF CORPORATIONS IN THE UNITED STATES
under the definition of personal property. In other states franchises
are^specifically mentioned as taxable property, as follows : —
Massachusetts, Vermont, New York, Michigan, Minnesota,
Wisconsin, Wyoming, North Carolina, Tennessee and Texas.
[^Certain classes of corporations in Louisiana, North Dakota,
Utah and Washington.
Railroads in Kentucky, Indiana, Illinois, Colorado, Arizona
and California.
In New York special franchises are defined as real estate, in
order to prevent the deduction of debts from the valuations, as is
allowed in the case of personal property assessments.
State Assessment.
In practically all the states railroad property, or certain classes
of railroad property is assessed by state officials ; and in many states
property of other public service corporations is similarly assessed, —
such as telegraph and telephone companies; sleeping, dining and
parlor car companies, freight line equipment companies, express
companies and (in a few states) street railroads. In Illinois only
railroad'property is thus assessed by the State Board of Equalization;
and the value of railroad property is determined by valuing separ-
ately the main track, second and side tracks and rolling stock. In
a number of other states, such as Indiana, Michigan and Wisconsin,
the valuation of the property of each of such corporations is deter-
mined as a whole, on the basis of earnings; and in such cases the
system of state assessment of the property as a unit may accom-
plish the same result as the separate assessment of capital stock or
franchises.
CORPORATION TAXES.
In addition to the variations shown above in the application of
the general property tax to corporations, most of the states have
particular methods of taxing corporations, either in general or
on certain special classes of corporations. In many states these dis-
tinct corporation taxes are applied only to a few cases ; as in Illinois,
where the distinctive corporation taxes are those on foreign insur-
surance companies, other than life, and the seven per cent of the
gross receipts of the Illinois Central Railroad Company. But the
following seventeen states have an extensive system of distinct
corporation taxes, some general and some special:—
Maine, Massachusetts, Vermont, Connecticut, New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Vir-
ginia, North Carolina, Ohio, Michigan, Wisconsin, Minnesota and
Texas.
TAXATION OF CORPORATIONS IN THE UNITED STATES
171
Table 42.
TAXATION OF CORPORATIONS OTHER /THAN /BY GENERAL
PROPERTY TAX. a
i. a
H >•
M to
W
Si
SPECIAL CORPORATION TAXES
State or Territory
1— I
Q
Pi
1^
ft o
M
1 9 .
[£| o, n
H8
Yes
"Yes"
Yes
Yes
Yes
"Yes"'
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Hew Hampshire
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Massachusetts
Yes
Yes
Yes
Rhode Island
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
New Jersey
Yes
Pennsylvania
Yes
Yes
Yes
Yes
Delaware ....
Yes
Yes
District of Columbia ....
Yes
Yes
Yes
Yes
"Yes"
Yes
Yes
Yes
"Yes"
"Yes"
Yes
'"Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
F'rgn
Yes
Yes
West Virginia
Yes
Yes
South Carolina
Yes
Yes
Yes
Yes
Yes
Georgia
Florida
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Mississippi
Texas
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Kentucky
Yes
Ohio
Yes
"Yes"
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Indiana
I.C.R.R
Yes
Yes
Yes
Michigan
Yes
Yes
Yes
Yes
Yes
Yes
Minnesota
Yes
South Dakota
North Dakota.
Yes
Yes
"Yes"
"Yes"'
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
"Yes "
Yes
Yes
Wyoming
Yes
Yes
Utah
Nevada
Oregon
Washington
Yes
Yes
a Compiled from U. S. Census Report on Wealth, Debt & Taxation, and Naw
York State Library Legislation Bulletins.
172
TAXATION OF CORPORATIONS IN THE UNITED STATES
General Corporation Taxes.
In seventeen states (including twelve of the above list and five
others) there is levied a general corporation tax, on all corporations,
in a form different from the taxes applied to natural persons. These
are as follows : —
Maine, Vermont, Massachusetts, New York, New Jersey,
Pennsylvania, Delaware, Virginia, West Virginia, North Carolina,
Alabama, Texas, Ohio, Colorado, CaHfornia, Oregon and Washing-
ton.
These "general corporation taxes " are levied in different forms.
In New York and Pennsylvaina there is an annual state franchise
tax on capital stock, at comparatively high rates, and in lieu of
other taxes (except in some instances local taxes or taxes on real
estate). Jn Massachusetts, there is an annual state franchise tax on
"corporate excess," in lieu of all taxes, state and local, except on
real estate. In the other states, the general corporation tax is an
annual franchise tax at comparatively low rates, based on authori-
zed capital and not carrying exemption from other taxes; and is
often combined with other taxes on special classes of corporations.
A large part of the revenue from such general corporation taxes
is collected from public service corporations and from banks, in-
surance companies and other financial institutions. In many states
most of the revenue comes from such sources. In Massachusetts,
New York and Pennsylvania, however, a large revenue comes from
business and miscellaneous corporations, as shown below:
Table 43.
STATE REVENUE PROM CORPORATION TAXES IN MASSACHUSETTS,
NEW YORK AND PENNSYLVANIA.
Massa-
chusetts
1907
New York
1909
Pennsyl-
vania
1909
Public Service Corporations
Banks and Insurance Companies
Business Corporations
Miscellaneous
$3,234,676
4,286,607
2,356,552
86,199
$3,106,890
4,393,592
$ 9,556,965
4,025,971
3 673 396
1,251,436
Total
$9,964,036
$8,671,920
$17,256,332
Incorporation and license fees are required in all of the states
for the organization of new corporations, for an increase in the
capital stock or for the admission of foreign corporations. These
are not, strictly speaking, taxes; although in a few states a
considerable revenue is derived from this source.
TAXATION OF CORPORATIONS IN THE UNITED STATES 173
Special Corporation Taxes.
Distinct corporation taxes on special classes of corporations are
levied on insurance companies, banks, railroads and other transporta-
tion companies (such as sleeping car and express companies) and on
telegraph and telephone companies.
Insurance companies are more often subjected to special corpor-
ation taxes than any other class of corporations ; and in every state
except Nevada, there are special state taxes on one or more classes
of insurance companies. These taxes are usually levied on gross
premiums or net receipts.
Banks are, for the most part, taxed under the general property
tax, by special licenses or under the general corporation tax (if one
exists). Special corporation taxes on banks are in force in Maine,
Pennsylvania and Delaware; and savings banks are subject to
special taxation in a number of eastern states (all of New England,
New York, Pennsylvania, Delaware and Maryland).
Railroads are subject to special corporation taxes in about
twelve states, — mostly on the Atlantic seaboard and in Michigan,
Wisconsin and Minnesota. The most usual form of such special
taxation is a tax for state purposes on the gross or net earnings, at
rates varying -from one half of one per cent (minimum in Maine) to
ten per cent of net earnings (in Delaware). In about six states
railroads are taxed for state purposes, on the value of their capital
stock. In Michigan and Wisconsin, they are taxed by the state on a
state assessment of their property, at the average rate of taxation
on general property throughout the state. In North Carolina and
Mississippi, railroads pay a license tax, analagous to the general
licenses on other lines of business.
Special taxation on other transportation and transmission com-
panies is most often based on gross receipts in the state, as in New
York and Pennsylvania; but is sometimes based on mileage (tele-
graph and telephone companies in Connecticut and Alabama),
or capital stock employed in the state, and in some cases a lipense
tax is imposed (as on express companies in Alabama and Florida).
BUSINESS TAXES AND LICENCES.
Corporations are subject to the extensive systems of business
license taxes, in vogue in the Southern States and also in Pennsyl-
vania and Missouri, supplementing the general property tax and in
part taking its place. In other states such business licenses are
left almost entirely to the municipalities. The character of these
license taxes is so varied as to defy classification, and the pur-
174 TAXATION OF CORPORATIONS IN THE UNITED STATES
poses for which they are levied are extremely complicated. Fur-
thermore, there is no data to determine to what extent such license
fees are paid by corporations and by natural persons. In Vermont,
Alabama and Colorado, however, there are license fees required of all
corporations. License fees are levied on railroad companies in
Tennessee and Mississippi. In various states license fees are levied
on gas works or companies, transportation lines, water works and
also on all manufacturers and merchants.
In Pennsylvania the total state revenue from business licenses in
1908 was $3,178,131, of which $1,094,312 was from wholesale and
retail mercantile establishments.
CONCLUSIONS.
Professor E. R. A. Seligman, of Columbia University, summarizes
his conclusions in regard to the taxation of corporations in these
words : —
"The tendency of legislation and of judicial interpretation in
the most progressive states is toward the following plan, which,
although not yet completely realized in all its features in any one
state, is in accord with sound economic principles :
1. Corporations should be taxed separately and on different
principles from individuals.
2. Corporations should be taxed locally on their real estate
only.
3. Corporations should be taxed for state purposes on their
earnings, or on their capital and loans.
4. Only so much of total earnings or capital should be taxed
as is actually received or employed within the state. In the case
of transportation companies, a convenient and fairly accurate test
is mileage.
5. Where the capital and loans are taxed, the residence of
the shareholder or bondholder should be immaterial.
6. There should be no distinction between domestic and for-
eign corporations. Each should be taxed for its business done
or capital employed within the state.
7. If corporations are taxed on their property, property
beyond the state should be exempt.
8. If corporations are taxed on their capital stock, they
should not be taxed again on their property.
9. Where the corporate stock or property is taxed, the
shareholder should be exempt. If corporate loans are taxed, the
bondholder should be exempt.
TAXATION OF CORPORATIONS IN THE UNITED STATES 175
10. Where the corporation and the shareholder or bondholder
are residents of different states, the tax should be divided between
the states by interstate agreements.
1 1 . An additional tax should be levied on corporations which
have through natural, legal or economic forces become monopolis-
tic enterprises.""
The United States Commissioner of Corporations gives the
following general results of a study of corporate taxation in New
England and the Middle Atlantic states:
1. Each state has a system of its own, and as yet there is
no marked tendency toward uniformity.
2. No state at present treats all corporations in exactly
the same way, and as between the several sorts of corporations
the tendency still seems to be toward further differentiation.
3 . In most of the states changes are so frequent as to indi-
cate that as yet a satisfactory and ultimate method has not been
discovered.
4. The income from corporate taxation is almost invariably
increasing, partly because of increase in the number and size of
corporations and partly because of changes in methods of taxa-
tion.
5. There is a tendency toward separating sources of local
revenue from sources of state revenue, and the taxation of corpor-
ations tends to become a source of state revenue only, with the
exception that corporation lands, other than rights of way, are
still usually taxed like the lands of individuals.
6. The taxation of corporations is chiefly administered by
state officials.
From these results, it is safe to infer that each state would
probably gain something by studying the systems of other states.*
MASSACHUSETTS.
General Property Tax.
Domestic corporations are taxed by town and city authorities,
upon their real estate and machinery; and foreign corporations are
taxed in the same manner, and also upon their merchandise. Thus
corporations are assessed locally on their real estate under the gen-
eral property tax; but are assessed and taxed locally only upon
specific classes of personal property, while the personalty of domes-
tic corporations is reached mainly by the state tax on capital stock.
a Seligman's Essays in Taxation, p. 262.
b Report of the Commissioner of Corporations on Taxation of Corporations,
Part II, p. 2. (1910).
176 TAXATION OF CORPORATIONS IN THE UNITED STATES
General Corporation Tax — Capital Stock.
There is a general provision for the taxation of corporations upon
the "corporate excess," described below; but this is modified by
subsequent legislation, applying to different classes of corporations.
In ascertaining the corporate excess, the general requirements pro-
vide for an annual return by the corporation to the Tax Commission-
er, showing the amount and market value of its capital stock and
assets and also the names of the stockholders with their holdings and
addresses. The Tax Commissioner estimates the entire value of the
capital stock from this return. Deduction is made for the value of
real estate and machinery locally assessed; and the remainder,
called the "corporate excess," is taxed at the average rate of taxa-
tion for the whole state diiring the preceding three years.
Such proportion of the tax collected by the state is returned to
the towns and cities in which the stockholders reside, in proportion
to the number of shares there owned. The portion of the tax which
represents the tax on shares of stock held outside the state goes to
the state. Under this arrangement it is estimated that about
twenty per cent of the tax accrues to the state.
The Tax Commissioner may request a corporation to appeal
from the local valuation of its real estate and machinery.
Public Service Corporations
Railroads and other public service corporations are taxed upon
the excess value of their capital stock over the value of property
locally assessed, as described under the general corporation tax, but
with special provisions for the division of the valuation of companies
operating partly within and partly outside the state. In the case of
railroads and telegraph companies, the division is based on mileage;
in the case of express companies, on gross earnings; in the case of
telephone companies, on the number of instruments.
There are some other special provisions applying to particular
classes of public service corporations. Besides the tax on "corpor-
ate excess," street railways are subject to certain special taxes. In
the case of express companies, stockholders are subject to taxation
on their shares, as well as bondholders.
Banks.
Savings Banks in Massachusetts are required to pay a tax, in
addition to the real estate tax, of one half of one per cent
per annum upon the average amount of deposits for the six
TAXATION OF CORPORATIONS IN THE UNITED STATES 177
months preceding the first days of May and November. Deduc-
tions are made from the amount of the deposits for real estate,
United States Bonds, and the shares of banks already taxed held
by savings banks.
Business Corporations.
By an Act of 1903, certain limitations are placed on the assess-
ment of the corporate excess of domestic business corporations, —
except banks, insurance companies and transportation and trans-
mission companies carrying on business within the state, but inclu-
ding such companies organized in the state for carrying on business
outside it. Deductions from the total value of the capital stock
include the value of property located and subject to taxation in
another state or country, as well as real estate and machinery locally
assessed in Massachusetts.
The Tax Commissioner in determining the value of the capital
stock of a business corporation may not take into consideration any
debts of the corporation, unless the returns contain a sworn state-
ment that no part of such debt was incurred for the piu-pose of
reducing the amount of taxes.
The tax levied on the corporate excess of business corporations
is not to exceed a tax on an amount 20 per cent in excess of the
value of the real estate, machinery and merchandise and taxable
securities ; nor is it to be less than one-tenth of one per cent of the
market value of the capital stock.
Beginning with 1909, the tax apportioned to resident stockhol-
ders is distributed one-half to the cities and towns where the tangible
property of the corporation is located and the other half to the
cities and towns where the stockholders live.
In the year ending November 30th, 1908, the assessed " corporate
excess " value of mercantile and manufactiiring corporations in
Massachusetts was about $145,000,000, on which the state tax (of
$1 .70 per $100) yielded $2,466,000. At the same time, and with the
stringent Massachusetts regulations as to the organization, powers
and liabilities of corporations, that state has a larger number of
active corporations in proportion to population, and a larger
proportionate number of new corporations than many other
states, and stands fourth in the Union in capital employed in
manufacturing."
a W. H. Corbin, Tax Cominissioner of Connecticut, in 3rd International Con-
ference on State and Local Taxation, p. 314.
(12)
178 TAXATION OF CORPORATIONS IN THE UNITED STATES
Table 44.
MASSACHUSETTS STATE REVENUE, YEAR ENDED
NOVEMBER 30, 1907.o
Corporation Taxes,
Fees, Corporation Certificates, etc $ 86, 199.91
Public Service Corporations,
Railroad Companies $1 , 434 ,159.28
Street Railway Companies 1 ,014,434. 73
Telephone and Telegraph Co's 448 , 323 . 04
Electric Light Companies 189 , 776 . 81
Gas Companies 112,038.51
Gas and Electric Companies 30,302 . 36
Water Companies 5 , 641 . 69
3,234,676.42
Banks, Trust Co.'s and Insurance Companies,
National Bank Tax 913,544.69
Savings Bank Tax 1 ,953 ,406 . 11
Trust Companies 512,764.04
Insurance Tax and Licenses 562 , 522 . 94
Excise Tax on Life Ins. Companies. . . . 344,369.72
Business Corporations, etc..
Business Corporations .- 2 , 1 33 , 086 . 26
Miscellaneous 94,217.59
Siuidry Corporations 66 , 601 . 67
Cities and towns in readjustment 5 , 903 . 20
Excise Tax on foreign corporations 56, 7 44. 03
4,286,607.50
2,356,552.75
Total State Receipts from Corporations $9 , 964 , 036 . 58
Less Portion distributed to Cities and
Towns,
From Street Railwav Tax 1,014,434.73
From National Bank Tax 540 , 984 . 1 7
From other Corporation Taxes 3 , 701 ,874. 52
5,257,293.42
State's Share of Corporation Taxes $4 , 706 , 743 . 16
Other Special Taxes and Receipts:
Liquor Licenses $ 839 ,367.25
Collateral Inheritance Tax 772 , 499 .25
From United States (for Colleges, Soldiers'
Home, etc.) 98,244.39
Transfers from Ftmds 439,544.56
Interest on deposit of Funds 41 , 429 . 39
Accrued interest on lands sold, etc 66 , 706 . 96
Temporary Loans 2 , 100 , 000 . 00
Sundry fees, licenses, income from institu-
tions, etc 348 , 576 . 41
4,706,368.74
General Property Tax 4 , 000 , 000 . 00
Total State Revenue for State Purposes $13 ,413 , HI .90
Per cent of total state receipts from corporations 53. 37
Per cent of state revenue for state purposes from corporations . 35.09
Per cent of state revenue for state purposes from all special
taxes and receipts 70.18
a Compiled from Report of U. S. Commissioner of Corporations on Taxation
of Corporations, Pt. I, pp. 98-99.
TAXATION OP CORPORATIONS IN THE UNITED STATES 179
Foreign Corporations.
Foreign public service corporations are taxed upon "corporate
excess " in the same manner as similar domestic companies. This
includes railroad, street railway, electric railroad, telegraph, tele-
phone and express companies.
Foreign corporations, corresponding to domestic business corpor-
ations, are required to pay to the state an excise tax of 1-SOth of one
per cent of their authorized capital stock, the total tax not to
exceed $2,000. For local purposes, foreign corporations of this
class are taxed upon real estate, machinery and merchandise.
Foreign corporations failing to pay taxes in Massachusetts may
be enjoined from doing business.
Shareholders and Bondholders.
The shares of stock of domestic corporations, and of those foreign
corporations doing business within the state and paying the state
' tax on corporate excess, are not taxed in the hands of holders as
personalty. Shares of foreign corporations generally are taxed, and
no deduction is permitted for property taxed within the state ; but
shares in foreign transportation and transmission companies (which
are subject to the state tax on corporate excess) are not taxed to
the stockholder.
Bonds and other evidences of corporate indebtedness of both
foreign and domestic corporations are taxable to the holders as is
other personal property.
The Massachusetts system of taxing corporations has been en-
dorsed by various special tax commissions. The Massachusetts
Commission of 1875 said:
This system, of corporate taxation had its origin here, and may
be claimed as a Massachussetts specialty. We regard it as a most
valuable contribution to fiscal science."
The Massachusetts Commission of 1897 said:
This tax is designed to bring about the taxation of such cor-
porations fully and fairly, in such manner as to reach all their
property, and to reach it once and once only. *****
The corporation tax is particularly simple and is assessed with
tmerring exactness, in the case of large and well known corpora-
tions whose shares are regularly dealt in, and consequently have
a publicly recorded value. Railways, banks, the larger manufac-
turing corporations, and others whose stocks are frequently
a Quoted in Report of U. S. Comm'r of Corporations on Taxation of Corpor-
ations. Pt. I, p. 101.
180 TAXATION OF CORPORATIONS IN THE UNITED STATES
quoted, are taxed without a word of inquiry and without a possi-
bility of escape. A very large number of miscellaneous corpora-
tions are in a somewhat dififerent position. *******
There is reason to believe that sometimes the taxes on corporate
excess are partially evaded * * * * ; but the evasions are
insignificant in comparison with those as to taxable securities.
* * * * A^s a whole this part of our tax system is an excel-
lent example of the method of taxing corporations at the source,
and of refraining from any dealings with the individual holder of
corporate securities, — a method admitted on all hands to be the
simplest, most efficient, and most equitable in the taxation of
corporate property."
NEW YORK.
Corporations in New York are taxed locally on their real and
personal property tinder the general property tax, the value of
"special franchises " (mainly for the use of the public streets) being
assessed as real estate by the State Board of Tax Commissioners.
There is also an elaborate and complicated system of state cor-
poration taxes, which has gradually developed, supplementing the
general property tax. There is first, the "organization tax" on
domestic corporations, with a corresponding "license tax" for
foreign corporations; second, an annual franchise tax, based upon
the capital stock, at rates which vary somewhat with the dividends ;
and third, a series of "additional" and other franchise taxes on
different classes of corporations.
Almost 32 per cent of the total state tax receipts are from cor-
porations. The other important items of state revenue are the
liquor tax, inheritance tax and stock transfer tax. The separation
of state and local taxation is nearly complete.
General Property Tax — Special Franchises.
All corporations, domestic and foreign, pay the general property
tax, practically like individuals, but for local purposes only. In the
assessed value of real estate, subject to the general property tax,
is included (since 1899) the value of so-called "special franchises "
of public service corporations. Formerly the value of "special
franchises " was nominally included in the personalty assessments;
but these were offset by the debts of the corporations. The change in
the form of assessment so as to class special franchises as real estate,
was made so that the provision in regard to the deduction of debts
would not apply. At the same time, to secure a more expert and
more equitable assessment, it was provided that the valuation of
a Report pp. 14, 69-70.
TAXATION OF CORPORATIONS IN THE UNITED STATES 181
these "special franchises " should be made by the State Board of
Tax Commissioners; and certified by them to the local taxing au-
thorities.
The assessment of " special franchises " in this form has added a
good deal to the total assessed valuation of property. In 1900, the
aggregate special franchise valuations for the entire state amounted
to $266,000,000. In 1908, this had increased to $601,072,557, or
about one-fifteenth of the total assessed valuation of real estate.
Of this latter amoimt, $492,492,970, was in the City of New York.
The collection of taxes on these special franchise valuations has,
however, been much delayed by litigation, — at first as to the validity
of this method of assessment ; and later, when the method of assess-
ment had been upheld, by proceedings to contest the valuations
made by the State Tax Commissioners.
Corporation Taxes.
Organization and License Fees. Every stock company when
incorporated pays a so-called organization tax of one-twentieth of
one per cent of authorized capital stock, which is collected by the
State Treasurer. The same rate applies to every increase in capit-
alization.
Every foreign company entering the state pays a "license fee "
of one-eighth of one per cent of the capital stock employed by it in
the state.
Banks and Insurance Companies pay special fees to meet the
expenses of the banking and insurance departments.
Annual Franchise Tax. This is a tax for the privilege of doing
business, based on the amoiuit of capital stock employed in the
state, and varies with the dividends of the corporation. Where
dividends are more than six per cent, the tax is at the rate of one-
quarter of one mill for each one per cent of dividends declared on
the capital stock during the year. If dividends are less than six per
cent, the tax rate is three-quarters of one mill on the capital stock,
or one and one-half mills on the valuation of the capital stock.
Financial and certain manufacturing and public utility corpora-
tions are exempt from this tax; but financial and public utility
companies are subject to other special state taxes.
An '' additional franchise tax" is levied upon steam railroads,
express, telegraph, telephone and other transportation companies,
at the rate of 5-lOths of one per cent of the gross earnings from
intra-state business, in addition to the capital stock tax
182 TAXATION OF CORPORATIONS IN THE UNITED STATES
Other Franchise Taxes. Corporations exempted from the
general franchise tax on dividends or capital stock are subject to
varying rates, based on earnings and dividends.
Elevated railroads, or siirface railroads not operated by steam,
pay one per cent of gross earnings, and three per cent on dividends
in excess of foiir per cent upon the actual amount of the paid up
capital. Waterworks, gas, electric, or steam heat, light and power
Table 45.
NEW YORK STATE REVENUE, YEAR ENDED SEPTEMBER 30th, 1909."
General Fund.
Direct Taxes $ 330,436.87
Indirect Taxes
Excise (Liquor Tax) 5 , 140 , 524. 21
Corporations,
Transportation— Capital Stock $ 903 , 3 50 . 62
^ Transportation — Earnings 1,339,352.52
Telegraph and Telephone, Capital Stock . 184,732.59
Telegraph and Telephone, Earnings 1 9 1 , 492 . 1 3
Gas, Water, Electric Light, etc., Earn-
ings 487 , 963 . 04
Total PubUc Service Corporations . $3 , 106 , 890. 90
Trust Companies 2 , 141 , 508 . 56
Insurance Premiums 1 ,237 , 173 . 55
Savings Banks 890 , 160 . 76
Foreign Banks 44 , 749 . 83
Miscellaneous — Capital Stock 1,226,306.76
License Fees 25,129.84
$ 8,671,920.20
Organization of Corporations 343 ,938.99
Transfers (Inheritance Tax) 6 , 962 , 615 . 23
Stock Transfers (Stamp Tax) 5 , 355 , 546 . 16
Mortgages 1,844,821.45
Racing Associations 65 , 166 . 74
Non-resident Taxes 24,018. 12
Public Lands— Sales 43 ,671 . 75
Fees and other receipts ot State Officers and
Departments 535 , 702 . 68
Fines, Fees, Duties, etc 146,241 .56
State Institutions 575 , 399 . 69
Other Receipts 1 , 171 ,765.23
Total General Fund Receipts $31,211,768.88
Canal Fund 13,254,411.94
Highway Improvement Funds 6,955, 489 . 25
Common School Fund 474,369.77
U. S. Deposit Fund 280,854.92
Literature Fund 31 ,315 .00
Forest Preserve Fund and Military Record Fund . 2,029.53
Cornell University Fund 75,000.00
Total Receipts, all sources $52,285,239.29
Transfers between funds 8,028,954.68
Total Receipts, including Transfers $60 , 314. 193 . 97
a Annual Report of the Comptroller, 1910, pp. 3, 6-9.
TAXATION OF CORPORATIONS IN THE UNITED STATES 183
companies pay S-lOths of one per cent of gross earnings and three
per cent of dividends in excess of four per cent.
Insurance companies generally pay one per cent on the gross
premiums; but fire and marine companies incorporated in other
states are excepted, and if incorporated in a foreign country, the
rate is 5-lOths of one per cent ; and life, health and casualty compan-
ies incorporated under the laws of foreign countries are excepted.
Trust companies, incorporated in New York, pay one per cent on
their capital stock, surplus and undivided profits.
Savings banks incorporated in New York, pay one per cent on
the surplus and tmdivided earnings.
Foreign bankers pay five per^cent on the interest earned on money
loaned in the state.
Stock Transfer Tax. There is imposed upon all sales or
transfers of shares of stock, domestic or foreign in the state, a tax
payable by the vendor, of two cents on each share of the face value
of $100 or less.
Foreign Corporations are taxed practically like domestic
corporations, for both state and local purposes.
Stockholders- and Bondholders.
Shares of stock in domestic and foreign corporations are exempt
from taxation in the hands of holders. Bonds of domestic and
foreign corporations are taxable, for local purposes only, in the
hands of holders, except that bonds secured by real estate mortgage
5
upon which the recording tax is paid are exempt. '
'NEW JERSEY.
There has been no state tax on real and personal property in
general since 1884. The property of railroad and canal companies
is assessed by a State Board of Assessors ; and the state obtains its
revenue from a tax on such property, from franchise taxes on the
gross receipts of other public service corporations and on the
capital stock of other corporations, and from a collateral inheritance
tax, a poll tax and leases of riparian lands. Corporations pay over
ninety per cent of the state taxes for state purposes.
Railroad and Canal Companies.
Every Railroad and Canal Company is assessed by a State
Board of Assessors on property used in the operation of the line.
The franchise is considered an element of such property; and the
courts have held that the valuation may be based on the aggregate
184 TAXATION OF CORPORATIONS IN THE UNITED STATES
market value of stocks and bonds, less debts due creditors within the
state. Stocks and bonds in the hands of the holders are not taxed.
Since 1906, a state tax at the average rate of taxation throughout
the state ($1,808 per $100 in 1909) is levied on the value of the main
stem and franchise and tangible personal property used in State
commerce ; but the revenue in excess of one-half of one per centiun
is apportioned to the maintenance of free public schools. Real
estate used for railroad purposes, other than the main stem, is taxed
at full local rates; and all of the tax upon this " second class " rail-
road property is collected and remitted by the State Comptroller to
the taxing authorities of each municipality where such property is
located.
The assessed valuation and taxation on the property of railroad
and canal companies for 1909 is shown below: —
Assessed Valuation —
Main Stem and Franchise $ 176 ,044, 200
Tangible Personal Property used in State commerce . . . 29,990,265
Total assessable for State uses 206 ,034,465
Real Estate used for railroad purposes, other than
.main stem 73,025,146
Aggregate $ 279,059,611
Valuation of general property 1 , 949 , 687 , 287
Taxation —
State Tax at average rate of $1 .808 per $100 $3 , 725 , 103 , 14
Taxes on real estate other than main stem 1,324, 992 . 01
Total 5,050,095.15
AUoted to municipalities 4,019,922.82
For State Uses $1,030,172.33
Other Public Service Corporations.
Real estate and personal property of public service corporations,
other than railroads and canals are taxed by local assessors for local
purposes. The valuation of the corporate franchise cannot be
included in the valuation of personal property for taxation; and
debts due creditors residing within the state may be deducted.
Corporations, domestic or foreign, can only be taxed on personal
property actually within the State.
All public service corporations (except street railways, railroads
and canals) using streets, highways or public places, are required to
pay an annual franchise tax of two per cent on gross receipts. The
tax is apportioned to the taxing districts in proportion to the asses-
sed value of property therein in streets, highways and public places,
and is then assessed and collected by local authorities and devoted
to local purposes.
TAXATION OF CORPORATIONS IN THE UNITED STATES
185
Express companies and palace and sleeping car companies pay a
State tax of two per cent on gross receipts from business done in
the state.
Formerly street railways paid the same gross receipts tax as
other public service corporations. But by act of 1906, the rate is
a,miually increased one-half of one per cent, until in the year 1911
it will reach a maximum of five per cent.
Table 46.
GROSS RECEIPTS AND FRANCHISE TAXES ON PUBLIC SERVICE COR-
PORATIONS IN NEW JERSEY, 1909.
Gross
Receipts.
Franchise
Tax.
Street Railway Companies
Gas and Electric Light or Power Companies
Water Companies
Telegraph and Telephone Conipanies
District Telegraph Messenger Companies . .
"Sewer Companies
Oil or Pipe Line Companies
Total
Apportioned to Taxing Districts
1 Electric Light Company
1 Parlor, Palace or Sleeping Car Company .
5 Express Companies
State Revenue
$11,759,073.26
13,9S6,341.S6
2,633,850.39
3,832,454.81
47,982.54
143,148.11
21,516.35
$411
279
567.55
126.77
52,676.96
76,649,08
959.64
2,862.96
430.33
$32,394,367.02
$824,273.29
824,273.29
8,810.95
194,279.50
66,148.04
44.05
3,885.59
1,322.96
$ 5,252.60
Banks and Trust Companies.
Real estate of state and national banks and trust companies is
assessed where situated for local and school purposes. Shareholders
of banks are taxable for local and school purposes in the tax district
where they reside, on the actual value of their shares less a propor-
tionate deduction for real estate of the bank separately assessed.
The tax on shares of non-residents is assessed where the bank is
located, is paid by the bank and charged to the holders. In asses-
sing shares of stock the same deductions and exemptions are granted
as in the case of other taxable property owned by individuals.
Trust companies are assessed in the taxing district where the
office is situated on the full amount of capital stock paid in and the
accumulated surplus, less.the assessed value of real estate separately
taxed. Mortgages and other exempt securities held by a trust
company may also be deducted.
186 TAXATION OF CORPORATIONS IN THE UNITED STATES
Savings banks in New Jersey are without capital stock. They
are assessed locally on their real estate and other assets except mort-
gages and exempt securities; but most of their assets are of the
exempt class. Deposits are subject to assessment to the depositors
in the same manner as other personal property.
Insurance Companies.
Real estate of insurance companies is taxed where situated for
local and school purposes. Domestic insurance companies pay
local taxes in the taxing district where the principal office is located.
Domestic life insurance companies also pay state taxes of one percent
on their surplus and 3S-100ths of one per cent on gross premiums
in all the states. Foreign life insurance companies are taxed only
under a retaliatory law. Foreign fire insurance companies are
subject to a state tax of two per cent on premiums received in the
state ; but companies of states imposing a greater tax on New Jersey
companies are subject to an equal retaliatory tax.
Taxes on life insurance companies in 1909 were as follows: —
4 Life Insurance Companies —
Surplus $30, 914, 493. 97, Tax $309,144.93
Gross Premiums 70,299 , 747 . 19, Tax 246,049.11
Total $555,194.04
Less rebate 115,924.35
Net Total $439,269.69
Miscellaneous Corporations.
Real estate and tangible personal property of business corpora-
tions are taxed where situated by local assessors for local and school
purposes. Intangible personal property of domestic corporations
is taxed where the chief office is located.
In addition, all domestic business corporations (except manufac-
turing or mining corporations, fifty per cent of whose capital stock is
invested in manufacturing or mining within the state) are subject
to an annual state license fee or franchise tax on the par value of
capital stock issued and outstanding, at 1-lOth of one per cent on
amounts not over $3,000,000, at l-20th of one per cent on amounts
over $3,000,000 and not over $5,000,000, and $30.00 per million on
capital stock over $5,000,000.
The capital stock tax was assessed in 1909 on over 11,000 cor-
porations with an aggregate capital stock of $7,943,297,667, on
which the tax assessed amounted to $2,793,561.17.
The table below shows the growth of taxes on miscellaneous
corporations from 1884 to 1909, including the capital stock tax
and the taxes on life insurance companies:
TAXATION OF CORPORATIONS IN THE UNITED STATES 187
Table 47.
TAXES ON MISCELLANEOUS CORPORATIONS IN NEW JERSEY,
1884-1909 .a
Year.
No. OF Corp'
Assessed
NS
Amt. of Tax
Assessed.
1884
619
2,103
6,602
11,022
$ 195,273.51
1890
574,048.16
1900
2,048,008.03
1909
3,238,083.46
Organization and License Fees.
A tax of 1-SOth of one per cent is levied on the authorized capital
stock of domestic corporations, and the same on every subsequent
increase, and on every increase of aggregate capitalization through
consolidation. But the tax for incorporation may not be less than
$25.00, nor for an increase less than $20.00. A fee of $10.00 is
charged for filing a copy of the charter of a foreign corporation, and
issuing a certificate of authority to transact business, — but higher
fees are charged in retaliation from corporations of a state charging
higher fees to New Jersey corporations.
Table 48.
NEW JERSEY STATE REVENUE, 1905 AND 1909.
1905
1909
$2,423,846.04
942,272.23
295,437.42
176,569.65
202,667.87
558,282.94
$2,621,937.74
Railroads . .
3,756,021.44
183,954.25
218,623.32
Collateral Inheritance Tax
569,449.67
Miscellaneous
1,287,235.15
$4,598,075.75
$8,637,221.57
TAXES
ON CORPORATIONS, 1909.
Total Tax
Assessed.
To Local
Districts.
For State
Purposes.
Railroads
$5,050,095.15
824,273.29
5,252.60
439,269.69
2,793,561.17
$4,019,922.82
824,273.29
$1,030,172.33
Public Service Corporations . . .
Public Service Corportaions . . .
Life Insurance Companies
Miscellaneous Corporations ....
5,252.60
439,269.69
2,793,561.17
PENNSYLVANIA.
Pennsylvania is the only state in the Union in which the general
property tax has never existed. Real estate pays county and local
a Twenty-Sixth Annual Report of the State Board of Assessors, Pt. II, p. 6.
188 TAXATION OF CORPORATIONS IN THE UNITED STATES
taxes, as do also certain specified classes of personal property. Mort-
gages, bonds and certain other classes of personal property also pay
a state tax of four mills on the dollar, of which three-fourths is
returned to the counties.
The burden of taxation for state purposes is placed very largely
on corporations, which are subject to a number of special taxes; and
the revenues from corporate taxation in Pennsylvania are much
greater than in any other state in the Union.
There is also a state tax on collateral inheritances, and an estab-
lished system of business taxes and licenses ; and special state taxes
are levied on writs, wills, deeds and certain emoluments of public
office.
Local Taxation of Corporations.
Corporations are subject to local taxation on their tangible
property, in the same way as individuals. Railroads and other
public service corporations are, however, (by judicial decision)"
exempt from local taxation on such property as is essential to their
business, except in Philadelphia and Pittsburg, where (by statute)
the real estate of railroads is subject to local taxation.
State Corporation Taxes.
Besides a bonus on charters, there is a series of State corporation
taxes, levied on capital stock, on loans and on gross earnings. The
taxes on capital stock and on loans are imposed on corporations in
general, with some exemptions. Taxes on gross earnings are impos-
ed on public service corporations and insurance companies, in addi-
tion to the taxes on capital stock and loans.
Bonus on Charters. Every domestic corporation — except
building and loan associations and corporations of the first class —
pays for the privilege conferred in its charter, at the time of begin-
ning business or increasing stock, a bonus of one-third of one per
cent upon the authorized amount of capital stock.
Capital Stock Tax. This was the first imposed in 1840, and
has ever since been the largest source of state revenue. It is im-
posed on all corporations, joint stock associations and limited part-
nerships, with the following exemptions: (a) banks, savings in-
stitutions and foreign insurance companies, which are otherwise
taxed; and (b) capital stock invested and employed in manufac-
a Lehigh Coal and Navigation Co. v. Northampton County, 8 Watts & Serg,
344 (1845).
TAXATION OF CORPORATIONS IN THE UNITED STATES 189
turing, except brewing and distilling companies and such manu-
facturing companies as exercise the right of eminent domain.
The tax is levied annually at the rate of five mills upon each
dollar of the actual value of its capital stock. Fire and marine
insurance companies pay at the rate of three mills on the dollar;
and wholesale distilling companies pay ten mills on the dollar.
It has been held that the tax on the capital stock of a corporation
is in fact a tax on its " property and assets, including its franchises.""
The value is held to be a question of fact, to be determined by con-
sidering, not only tangible property, but assets of every kind, in-
cluding bonds and mortgages, franchises and privileges, and good
will; and that earnings, dividends and prices of stock are factors to
be considered. Officers of each corporation are required to submit
an annual report showing the authorized capital stock, par value,
amount paid in, highest and average prices of sales of stock, gross
and net earnings, rate and amount of dividends, surplus and profits
added to sinking ftand.
The proportion of capital stock represented by tangible property
in another state is not subject to this tax; while foreign corporations
are taxed on that portion of their capital stock represented by pro-
perty within the state. In the case of transportation companies,
the value is determined on the basis of mileage.
Shares of stock liable to the 'capital stock tax are not subject to
the personal property tax in the hands of the holder.
Shares of stock of banks and savings institutions are subject to
a tax of four mills upon each dollar "of the actual value " of their
capital- stock, ascertained by adding together the amount of capital
stock paid in, the surplus and undivided profits. The option is al-
lowed of paying a tax of ten mills on the dollar upon the par value
of the shares, in lieu of local taxation except on real estate.
"Full-paid, prepaid or fully matured" stock in building and
loan associations, upon which cash dividends are paid, are also
required to pay a state tax of four mills on the dollar, to be deducted
from the dividends or interest.
Corporate Loans. As a means of collecting the state tax on
personal property in respect to corporate loans, the treasurer of
each corporation is required to assess the tax on its bondholders, to
deduct the amount from the interest due and return the same to
the State Treasurer.
a Commonwealth v. N. Y. P. & O. R. R. Co., 188 Pa. 169. (Nypano Case.)
190 TAXATION OF CORPORATIONS IN THE UNITED STATES
The tax is laid on the bonds of all corporations, public and
private, except banks, savings institutions and foreign insurance
companies, but including county and municipal bonds. If no in-
terest is paid, no tax is paid.
The tax is not on the corporation or its property; but on the
individual bondholders; and the corporation acts as collector.
Early efforts were made to collect the tax from all bondholders,
whether resident of Pennsylvania or not; but the attempt to tax
non-resident bondholders was held to be unconstitutional." The
act also provides that the tax should be imposed on foreign corpor-
ations doing business in Pennsylvania ; but the U. S. Supreme Court
has held that Pennsylvania could not require the officials of a foreign
corporation paying the interest by check outside of Pennsylvania to
deduct the tax.
While the tax is supposed to be on the bondholder, it is estimated
that seventy -five per cent of the mortgages made to secure cor-
porate bonds provide that the interest shall be paid "free and
clear of all state taxes ;' ' and the tax is thus in practice paid mainly
by the corporations.
Taxes on Receipts. A large revenue is also derived from
taxes on the gross receipts from intra-state business of transporta-
tion and transmission companies, and on the gross premiums of
insurance companies. The tax on the receipts of transportation
companies was first levied in 1866, at the rate of three-fourths of
one per cent upon the gross receipts of every railroad, canal and
transportation company. The tax is now eight mills on the dollar of
gross receipts from business in the state ; and is levied on every rail-
road, pipe line, steamboat, canal, street car, telephone telegraph,
express, electric light and car company, including foreign as well
as domestic companies. The tax does not apply to receipts from
interstate business, nor to receipts for the transportation of the
mails. This tax is in addition to the taxes on capital stock and
corporate loans.
Domestic insurance companies pay a tax of eight mills upon the
gross premiums and assessments from business within the state,
except companies doing business on the mutual plan, without capi-
tal stock or reserve. The tax is in addition to the capital stock and
personal property taxes; but bonds, mortgages and other securities
held by these corporations in their own right do not have to be
returned as personal property, as they have been included iii the
tax on capital stock.
a State Tax on Foreign Held Bonds, IS Wallace, 300.
TAXATION OF CORPORATIONS IN THE UNITED STATES 191
Foreign insurance companies pay an annual tax of two per cent
on gross premixuns received from business within the state. This is
paid to the State Insurance Commissioner. These companies are
not subject to the capital stock tax; but are subject to the state
personal property tax.
Corporations and limited partnerships not subject to the state
tax on capital stock nor to the tax on gross premiums are required
to pay a tax of three per cent on their net earnings or income. This
applies to unincorporated banks and savings institutions; but
yields little revenue.
Brokers and private bankers are subject to a tax of one per cent
on gross receipts.
License Taxes.
A distinctive feature of the Pennsylvania system of state taxa-
tion, in contrast with other Northern states ; is the series of license
taxes levied on various businesses, which in the aggregate yield an
income of over $3,000,000 a year. The most important of these are
levied on merchants and liquor dealers. Retail dealers and vendors
pay one mill on each dollar of the gross business transacted annually ;
wholesale dealers pay one-half mill on the volxime of their business.
Wholesale and retail liquor dealers pay license fees to the state in
addition to local licenses ; and state license fees are also imposed on
brewers, distillers, brokers, auctioneers, peddlers, theatres and eat-
ing houses. Corporations engaged in these businesses are subject
to these license taxes in the same manner as individuals.
Revenue from Corporations.
About sixty percent of the state revenue is derived from corpora-
tion taxes ; and the receipts from such taxes are almost equal to the
total state revenue for state purposes. By far the most important
form of corporate taxation is the tax on capital stock, which amoun-
ted to $9,916,840.41 in 1909, or more than one-third of the state
receipts for that year. The tax on corporate loans yielded $2,497,
480.81, the gross receipts tax $1,520,973.84 and the tax on premiums
of insurance companies $1,553,894.07.
About a third of the total state revenue comes from the taxes
on public service corporations. Banks, trust companies and in-
surance companies pay together about half as much as the public
service corporations. There is also a large revenue ($3,673,369 in
1909) received from business corporations, including mining, manu-
facturing, brewing and distilling and miscellaneous companies.
192 TAXATION O^ CORPORATIONS IN THE UNITED STATES
Table 49.
PENNSYLVANIA STATE REVENUE, YEAR ENDED NOVEMBER 30, 1909.o
From Corporations:
Public Service Corporations :
Steam Railroads
. . $5
,195
,216
.25
. . 2
,016
,019
.94
Telegraph and Telephone Companies . .
473
,523
.38
Transportation, Miscellaneous
483
,154
.91
Light, Heat and Power Comp
anies
462
,496
.88
Gas Companies
621
,677
.19
Water Companies
253
,193
.13
Bridge and Turnpike Companies .
47
,265
.25
Ferry Companies
4
,418
.04
$ 9
556
964
O"?
Financial Corporations and Associations:
■ . $
889
110
46
,557
,825
,561
.24
.54
.29
State Banks
Savings Institutions
Trust Companies
1
,199
,350
.44
Building and Loan Companies
14
,842
.05
Interest on Deposits
210
,940
,63
$ 2
,472
,077
.19
Insiirance Companies ;
Foreign
. . $1
,340,
,215.
64
Domestic
213,
678.
43
$ 1,
,553,
,894,
,07
Business Corporations:
Coal, Coke and Mining
. . $1
,321,
.675.
,50
Manufacturing
988,
,460,
,83
Brewing and Distilling
334,
,716.
04
'■'67,
yos
20
Oil and Minins* ....
90,
086
30
S8,
588
10
Market
13,
199.
85
Miscellaneous
s
598,
674.
20
$13,
$17
,673,
,396,
332
,02
Total from Corporation
From and through Counties :
^5
Tax on Personal Prooertv ....
$4,315,411 85
Tax on Writs, Wills, Deeds, etc . . .
204,933.61
Tax on Collateral Inheritance.
1,739,852.73
Tax on County Loans
230,735.51
Tax on Municipal Loans
129,930.39
Pamphlet Laws
179.09
47,875.10
Receipts from Licenses:
$6,668,918.18
Retail Mercantile $758
,277
.44
Wholesale Mercantile . .
277,
,600,
,13
Retail Liquor
641,
,152
.35
Wholesale Liquor
747,
,539
,03
Brewers
305
,382
.00
Distillers
47,
,056
,75
Bottlers
62
,370
.38
Billiards
112,
,750
.45
Brokers
60
,254
.52
Auctioneers
13,
,896,
,73
Peddlers
6,
,034,
,35
Theatre
26,
,924.
.18
Eating Houses
23,
,161,
,02
3,082,399.33
$9,
751,
317.
51
o Auditor General's Report, 1909, pp. 1-2, 347.
TAXATION OF CORPORATIONS IN THE UNITED STATES 193
Table 49 — Continued.
From Other Sources:
Fees of State Officers 401 , 864 . 49
Allegheny Valley R. R. Co 102 , 500.00
Highway Department 1 , 172,518.63
Insurance of State Property 98 , 629 . 06
United States Government SO , 847 . 92
Miscellaneous 289,560.10 2,115,920.20
Grand Total $29,101,183,70
Returned to Counties (three-fourths of
Personal Property Tax) 3 , 272 , 63 1 . 97
Paid to Cities and Boroughs (one-half of
tax on Premiums of foreign insur-
ance corporations) 127, 684 , 39
Paid to townships which have abolished
the work tax 290 , 996 . 46
Paid to Counties, Normal Schools, High
Schools, etc 7,677,881.79 11,369,194.61
Revenue for State Purposes $17 , 731 , 989 . 09
OHIO.
Under the Act of May 24th, 1910, far reaching changes are made
in the methods of assessing and taxing corporations in Ohio. The
valuation of the property of pubHc service corporations for local
taxation is centralized in the newly created Tax Commission ; while
a number of state taxes on gross earnings (from intra-state business)
and on capital stock are imposed, at varying rates, on different
classes of public service corporations and also on other corporations.
State Assessment.
Provision is made for assessing the value of the property of
public service corporations by the State Tax Commission, and for
apportioning such valuations to the local taxing districts. In the
case of express, telegraph and telephone companies, the value of
their property is to be determined by the value of their capital stock
with other evidences and rules ; and from the value so determined is
to be deducted the value of real estate in Ohio as assessed for taxa-
tion. In the case of other public utilities the property assessed by
the Tax Commission shall be "all the personal property thereof,
which shall include all real estate necessary to the daily operations
of the public utility and money and credits within the state ; ' ' and
detailed statements must be made of the various kinds of tangible
property.
State Corporation Taxes.
On the gross receipts of public service corporations from intra-
state business, excise taxes are levied by the state for the privilege
(13)
194. TAXATION OF CORPORATIONS IN THE UNITED STATES
of carrying on its intra-state business, as follows : — From each street,
suburban and electric railroad company, electric light, gas, natural
gas, water works, telephone, messenger or signal, union depot,
heating, cooling and water transportation company, one and two-
tenths per cent on intra-state gross earnings or receipts; from
each express and telegraph company two per cent of all such
gross receipts ; from each railroad company and from each pipe line
company four per cent of all such gross receipts. The companies
charged at the lower rates (1.2% and 2%) are also subject to the
assessment and taxation of their property in the usual manner.
Each sleeping car, freight line and equipment company is taxed
one and two tenths per cent of the amount fixed by the Commission
as the value of the portion of the capital stock representing the
capital and property of each company owned and used in Ohio, after
deducting the value of any real estate of the company in Ohio
assessed and taxed locally.
Each corporation for profit organized under the laws of Ohio is
required to make an annual report, and is subject to a fee of three-
twentieths of one per cent upon its subscribed or issued and out-
standing capital stock. Each foreign corporation for profit doing
business in Ohio must make similar annual reports; and is subject to
a paj^ment of one- tenth of one per cent for 1910 and three-twentieths
of one per cent for each year thereafter upon the proportion of the
authorized capital stock represented by property and business in the
state. Public utility, insurance and building and loan companies
required to make other reports and subject to other taxes are not
subject to these provisions.
WISCONSIN.
Unless otherwise provided, corporations are assessed and taxed
in the same manner as individuals; but stock in corporations so
taxed is not assessed.
Public service corporations, and trust, guarantee and insurance
companies are subject to distinct taxes or to special methods of
assessment, as noted below.
Financial Corporations.
Trust, guarantee and insurance companies pay license fees to the
state, in some cases at a fixed amount, and in others on a percentage
of gross premiums received. Bank stock of state and national
banks is assessable where the bank is located.
TAXATION OF CORPORATIONS IN THE UNITED STATES
195
Public Service Corporations.
Up to 1899, the general method of taxing public service corpora-
tions in Wisconsin was on the basis of gross receipts. This system
had its origin in 18 54, with a fiat rate on railroads; later, gross earn-
ings taxes on railroads were levied at graduated and progressive
rates, and also on other public service corporations.
In 1899, the taxation of express companies was placed on an ad
valorem basis, at the average rate on general property in the state;
and practically the same method was applied to freight line and
equipment companies, dining, parlor and sleeping car companies.
In 1903 the ad valorem system was extended to railroads ; and in 1905
a statute was passed providing for its further extension within three
years to all other public service corporations except telephone
companies.
Table 50.
STATE ASSESSMENT AND TAXATION OF PUBLIC SERVICE CORPOR-
ATIONS IN WISCONSIN, 1905 AND 1908.
1905 rate .0112726
1908 rate .0115124
Valuation.
Tax.
Valuation.
Tax
Railroads
Express Co.'s. . .
Sl'p'ng Car Go's.
Freight Line &
Equipment
Co.'s
Telegraph Co.'s.
$228,810,000
808,453
370,352
250,581
$2,579,290.66
9,113.39
4,174,85
2,824.70
8267,861,500
813,156
460,546
313,660
1,950,000
33,932,000
$3,083,720.63
9,361.34
5,301.97
3,610.93
22 449 12
390,637.75a
The assessment of public service corporations is made by the
State Tax Commission, which also determines the value of general
property in the state so as to determine the average rate of taxation.
In applying this system to railroads, the tax commission in 1904
had made a detailed investigation of the cost of reproduction of the
physical property of railroads; and also received reports from the
railroads as to the amount and market price of capital stock,
dividends, funded debt, gross earnings, operating expenses and in-
come. But in assessing the value of the property of railroads and
other public service corporations, the Tax Commission does not assess
separate items of property, but values for taxation the whole
property of each company as a unit, the franchise elements and
tangible elements being regarded as inseparable parts of one thing.
This method of making assessments has been upheld by the Wiscon-
u Of this amount 85% (or $332,042.12) is distributed to towns, cities and villages,
and the remaining 15% ($58,595.63) is retained by the state.
196 TAXATION OF CORPORATIONS IN THE UNITED STATES
sin Supreme Court," the court holding that it did not conflict
with the constitutional requirement of uniformity, which was
held to refer to uniformity of burden, and not necessarily to
uniformity of methods of imposing burdens. As to separating the
value of the franchise and the physical property, the court said:
" One might as well try to value the life blood of a horse or his capa-
city to breathe, as try to place a value upon the visible part of rail-
road property separate from its rights, franchises and privileges."
Table SI.
WISCONSIN STATE REVENUE, YEAR ENDED JUNE 30TH, 1908.6
State Tax from Counties :
General Fund $ S38,473.87
School Fund $1 , 488 , 869 . 00
University Fund 652 , 427 . 00
Agricultural College Fund 4 , 242 . 00
Normal School Fund 266,099,00
Total 2,411,637.00
License Fees and Taxes: •
Railroad Companies $3 , 265 ,676 . 73
Street Railway and Electric Light Co.'s 22 , 207 . 31
Express Companies 9 , 344 . 39
Sleeping Car Companies 5 , 343 . 28
Freight Line and Equipment Companies. . . 3,315,54
Telegraph and Telephone Companies 81,836,34
Boom and Improvement Companies 252,85
Plank Road Companies 173 . 39
Total Public Service Corporations S3 , 388 , 149 , 83
Insurance Companies 594,464.86
Loan & Trust Companies 9,915.38 $3,992,530.07
Inheritance Tax 245,653.32
Charitable & Penal Institutions 148 , 068 . 85
Department Fees and Miscellaneous
Incorporation Fees 65 , 770 , 84
Insurance Commissioner 67 , 696 ,04
Miscellaneous— General Fund 285 , 01 5 . 84 418 , 482 , 72
Total General Fund $5 , 343 , 208 . 83
Miscellaneous — Special Funds :
School Fund Income 84, 789 , 78
University Fund Income 317, 202 . 28
Agricultural College Fund Income 8,822.52
Normal School Fund Income 96 , 862 . 57
State Marshall Fund 37,459,84 545,136.99
State Tax (Special Funds, as above) 2,411,637.00
Grand Total . $8 , 299 , 982 . 82
MINNESOTA.
" The Minnesota law provides two general methods of taxing cor-
porations and their property. One is by the taxation of gross
earnings at given rates and the other by an ad valorem assessment
a Chicago & Northwestern Railway v. State, 128 Wis., 553, — 108 N. W. 557.
b Compiled from Report of the Wisconsin Tax Commission, 1909, pp. 114-115.
TAXATION OF CORPORATIONS IN THE UNITED STATES
197
of the properties of the companies. Nearly all the state wide
public utility companies now pay the state on the basis of their
gross earnings, but the domestic corporations engaged in manufac-
ture and business enterprises, together with the municipal public
utility companies — ^telephone companies excepted — are taxed under
the general property tax.""
Public Service Corporations.
The taxation of railroads in Minnesota on the basis of gross earn-
ings has been in force since the charters granted by the territorial
legislature ; and this method has been recognized by provisions in the
state constitutions, extended by statute, and accepted as constitu-
tional by the courts.
The gross earnings tax has been extended from time to time,
until at present the taxes on telephone, express, freight line and
insurance companies are based on their gross earnings. A^essel
owning companies are taxed on the net tOnnage of their vessels.
Between 1887 and 1891, the telegraph companies paid a two per
cent tax on gross earnings; and in 1897 the sleeping car companies
were given the option of paying a three per cent gross earnings tax
or being assessed on their property holdings.
The table below shows the methods of taxing various public
service corporations in Minnesota:
Table 52.
TAXES PAID BY PUBLIC SERVICE CORPORATIONS IN MINNESOTA.
Corporations.
Date
OF Laws
Kind op Tax.
Rate.
Amount
Paid 1908.
Railroads
Telegraph Companies .
Telephone Companies .
Express Companies .
Freight Lines
Sleeping Car Lines. , . .
Vessels
Insurance Companies .
1873
1887-
1891
1887-
1891-
1897
1897
1907
1907
1897
1895
1872
Gross Earnings.
Gross Earnings.
Ad Valorem . . .
Gross Earnings.
Ad Valorem . . . .
Gross Earnings.
Gross Earnings.
Ad Valorem . . . .
Gross Earnings.
Optional
Net Tonnage. . . .
Gross Premiums
4%
2%
Avge.
,425,305.26
21,609.93
3%
6%
103,053.87
31,090.42
4%
3 cts. per ton
2%
2,261.71
6,056.57
16,320.47
365,294.41
The Minnesota Tax Commission has recommended the further
extension of the gross earnings tax to telegraph and sleeping car
companies, and also to municipal utilities, such as street railways,
gas and electric light and power companies.
a Minnesota Tax Commission Report, 1908, p. 81. ., .
198 TAXATION OF CORPORATIONS IN THE UNITED STATES
Banks.
The Minnesota law providing for the taxation of banks and trust
companies is said to have been, next to the gross earnings tax, the
most satisfactory part of the tax code. The real estate possessions
of a bank are listed and assessed just as other real estate, but the
law requires the cashier, or other officer, to list the shares of capital
stock, the amount of the surplus or reserve fund, including undivided
profits and the amount of its legally authorized investments in real
estate. The assessor is then required to deduct the amount of the
real estate from the aggregate amount of the capital and surplus
funds ; and the remainder is taken as the valuation of the shares held
by the owners of the stock. As in the corporation law, the banks
pay the tax for the stock holder, and are required to deduct the
amount of the tax before dividends are paid. The State Board of
Equalization has equalized the assessment of banks, both national
and state, at fifty per cent of their book value.
Savings banks are assessed in a somewhat different manner.
Real estate is assessed as other real estate ; and from the aggregate
of the assets the liabilities are deducted, and the remainder is listed
as credits.
Business Corporations.
The method of assessing corporations and stock companies under
the general property tax is ''to list and assess all their tangible
property, real and personal, the same as the like property of other
persons, and to list and assess their capital stock at its actual value
less the value of tangible real and personal property otherwise
specifically listed and assessed."
In fact, however, very few corporations make any returns, as
required by Section 838 of the Revised'Laws of 1906; and the law as
it now stands is practically obsolete. The Minnesota Commission
considers that, with the method now in vogue of financing large
corporations by issuing bonds as well as stocks, what is known under
the Massachusetts law as the "corporate excess" would seldom
exist under the returns required by the Minnesota law.
The owners of shares of domestic corporations, as well as those
holding the shares of foreign corporations certified to do business in
Minnesota are not required to list the property when the property
of the company is assessed and taxed. But bonds are supposed to
be assessed to the holders the same as other personal property.
The taxation of foreign corporations is carried on in the same way
and under the same provisions of law as that of domestic corporations.
TAXATION OF CORPORATIONS IN THE UNITED STATES 199
Ore Land Assessments.
The assessment of iron ore lands in Minnesota forms a special
feature of the taxation problem in that state . Before 1907, the State
Board of Equalization determined the amount of the assessment
against the iron ore properties as a whole ; and representatives of the
operators and owners met and distributed the assessment on the
basis of output of the mines. Under this method small mines put-
ting out large tonnages were assessed out of proportion to their value,
and lands containing valuable iron deposits were allowed to stand
at a nominal assessment as wild lands.
During the summer of 1907, the State Tax Commission visited
the iron lands, and made a detailed investigation to determine the
valuation of the ore lands ; and this valuation was accepted without
change by the State Board of Equalization. In the following year
further work was done in perfecting the records and ascertaining
values more carefully. The total valuation of ore lands, which was
$64,486,409 in 1906, was increased to $190,094,438 in 1907, and
somewhat reduced in 1908 to $176,340,749.
The Tax Commission in 1908 considered it desirable that a tonnage
tax on iron ore, reasonable in amount, be substituted for the state tax.
Table S3.
MINNESOTA STATE REVENUE, FISCAL YEAR ENDED JULY 31, 1908.
I g
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GENERAL TABLES
207
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Table IV.
MENTS OF REAL ESTATE, 1867-1909— TOWN AND CITY
D FROM THE REPORTS OF THE AUDITOR OF PuBLIC ACCOUNTS.]
B H
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Average
Value
Per Lot.
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215
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216
GENERAL TABLES
Table VIII.
EQUALIZATION OF LOCAL ASSESSMENTS— STATE OF ILLINOIS— BY
STATE BOARD OF EQUALIZATION, 1867-1910.
[Compiled prom Proceedings op the State Board op Equalization.]
Total
Valuation
Net Amounts
Net Amounts
Equalized
Year
BY Local
Assessors.
Added.
Deducted.
Valuation.
1867
$ 501,340 3 5n
$504,683,553
1868
471
488
480
531
195
031
518
932
703
471
489
480
550,966
1869
098,133
1870
664,058
1871
499
636
900
$ 30,045,042
$ 24,005,631
505
676,311
1872
508
875
848
31
614
870
29
604
035
510
886,683
18730
1,194
687
281
200
900
705
198
799
881
1,196
788,105
1874
1,105
658
176
179
678
489
176
902
864
1,107
893,344
1875
1,025
428
289
116
510
133
116
013
544
1,025
924,878
1876
958
405
803
104
834
528
104
417
062
958
823,269
1877
892
380
972
82
862
324
82
790
951
892
452,345
1878
818
987
409
55
768
390
55
768
109
818
987,690
1879
744
742
846
49
303
583
49
290
919
744
755,510
1880
739
462
515
46
198
329
45
825
725
739
835,119
1881
746
034
852
48
610
342
48
401
048
746
244,146
1882
750
635
758
42
746
795
42
543
628
750
838,925
1883
756
422
291
41
582
923
41
481
025
756
524,189
1884
746
547
501
40
985
448
40
718
234
746
814,715
1885'
733
533
951
38
914
314
38
744
382
733
703,883
1886
726
178
132
52
915
868
52
259
180
726
834,820
1887
726
078
638
47
536
656
46
669
790
726
945,504
1888
709
304
506
47
489
586
45
592
168
711
201,924
1889
711
SIS
026
52
607
461
48
134
943
715
987,544
1890
727
549
707
47
136
432
45
439
662
729
246,477
1891
738
504
791
73
218
940
70
514
548
741
209,183
1892
745
754
172
54
936
378
53
037
836
747
652,714
1893
760
837
855
50
464
088
49
006
144
762
295,799
1894
737
989
016
55
070
104
52
679
093
740
380,027
189S
743
840
153
48
257
939
43
on
519
749
086,573
1896
731
215
488
S3
568
912
51
131
488
733
652,912
1897
713
736
999
48
422
435
45
097
200
717
062,234
1898
693
443
706
55
668
294
49
625
360
699
486,640
1899
895
869
090
8
775
694
29
805
561
874
839,223
1900
779
513
078
26
584
298
79
051
273
727
046,103
1901
891
936
529
8
595
652
9
083
635
891
448 , 546
1902
921
817
117
8
246
087
10
746
500
919
316,704
1903
994
300
650
3
678
763
20
764
441
977
214,968
1904
993
487
940
3
889
753
20
792
754
976
584,939
1905
1,008
138
674
1
730
966
20
765
300
989
104,340
1906
1,033
441
227
1
328
911
19
116
476
1,015
653,662
1907
1,138
724
046
1
248
930
1
350
578
1,138
622,398
1908
1,139
292
406
675
997
688
814
1,139
299,589
1909
1,944
1,990
595
107
135
626
1,944
1,990
595,135
1910
107 626
a Not including City of Quincy.
GENERAL TABLES
217
Table IX.
EQUALIZATION OF LOCAL ASSESSMENTS— COOK COUNTY— BY STATE
BOARD OF EQUALIZATION, 1867-1^09.
[Compiled from Proceedings op the State Board of Equalization.]
Year
Total
Valuation
BY Local
Assessors.
AvERAGF Per
Cent of Ad
dition or
Deduction.
Net
Amount
Added.
Net
Amount
Deducted.
Equalized
Valuation.
1867
1868
1869
1870
$ 69
73
94
90
818
093
445
148
312
856
243
528
Plus 24
" 17
$ 16,756,394
12,207,564
$ 37,862
4,428,137
$ 86
85
94
85
574
519
407
720
706
810
361
391
1871
18711
1872
1873
1874
1875
1876
1877
1878
1879
1880
100
93
94
144
157
145
136
128
132
119
117
133
936
642
155
444
191
801
356
924
355
918
663
040
219
665
570
749
OSS
752
966
572
979
5,461,069
799,420
Plus 100
" 94
" 60
" 54
" 41
" 21
" 19
" 21
144,231,874
148,600,621
77,144,731
74,089,147
52,964,817
27,363,750
22,898,505
24,989,993
100
88
93
288
306
222
210
181
160
142
142
233
474
842
377
045
336
890
321
288
254
908
663
971
799
539
191
480
202
569
716
077
972
1881
1882
1883
1884
1885
1886
1887
1888
1889
1890
120
130
138
141
145
152
159
162
166
188
783
547
639
296
309
044
598
804
697
172
431
041
806
890
147
779
338
782
893
558
25
18
18
18
17
26
23
21
23
19
29,209,995
23,247,838
24,297,702
25,289,237
24,295,864
39,802,325
37,314,869
33,413,098
38,881,960
35,340,512
149
153
162
166
169
191
196
196
205
223
993
794
937
586
.605
847
913
217
579
513
426
879
508
127
Oil
104
207
880
853
070
1891
1892
1893
1894
1895
1896
1897
1898
1899
1900
196
203
211
207
212
207
197
180
378
260
146
798
573
928
479
530
665
041
828
564
343
728
137
853
886
692
108
162
291
522
" 35
" 23
" 19
" 23
" 17
" 22
" 22
" 29
Minus 4
Plus 10
69,098,412
47,636,294
39,992,987
47,421,029
37,095,777
45,213,929
43,227,899
52,214,763
26,056,453
14,680,556
265
251
251
255
249
252
240
232
364
286
244
435
566
349
575
744
893
255
147
620
755
022
124
882
663
621
007
925
735
975
1901
1902
1903
1904
1905
1906
1907
1908
1909
365
389
406
401
405
424
478
470
817
191
021
777
330
865
376
710
551
498
329
412
868
581
754
898
830
305
383
365
389
406
401
405
424
478
470
817
191
021
777
330
865
376
710
551
498
329
412
868
581
754
898
830
305
383
a Reassessment and equalization made in June, 1872, to replace records destroy-
ed bv fire.
218
GENERAL TABLES
Table X.
RAILROAD ASSESSMENTS IN ILLINOIS, 1856-1910.
[Compiled from Proceedings op the State Board op Equalization.]
Year
Local
Equalized
Local
Assess-
ments.
By State Board of
Equalization.
Total
Equalized
Assess-
ments.
R. R. Track
AND Rolling
Stock.
Capital
Stock.
Assess-
ment.
1856
$ 6,639.220
1857
7
9
11
12
11
11
11
12
13
14
15
14
15
19
529
131
758
085
243
326
525
285
911
707
451
189
847
242
703
475
695
472
722
595
555
640
303
097
500
931
726
141
1858
1859
1860
1861
1862
1863
1864
1865
1866
1867
$16,854,640
14,914,397
16,280,960
19,242,141
1868
1869
1870
1871
22
24
8
6
5
5
4
4
3
2
556
384
103
292
498
062
468
198
337
771
126
428
595
640
659
106
202
423
507
109
25,516,042 .
25,568,784
9,592,154
6,863,707
5,673,477
5,403,399
4,496,063
4,051,349
3,352,891
2,763,444
1872
1873
1874
1875
1876
1877
$ 59,317,408
43,529,716
32,163,644
28,819,832
37,141,180
36,410,516
37,649,670
44,601,815
$64,611,071
31,314,175
22,649,222
10,106,258
$133,520,633
81,707,598
60,486,343
44,329,489
41,637,243
1878
40 461 865
1879
41,002,561
1880
47,365,259
1881
2
1
2
2
1
2
2
1
1
2
068
981
065
028
971
403
243
917
851
164
365
657
007
374
515
596
157
354
214
357
2,182,548
2,061,162
2,142,703
2,138,514
2,065,419
2,638,132
2,383,926
2,057,989
1,991,641
2,336,128
51,377,932
56,758,984
51,162,102
60,267,186
60,987,317
62,972,101
66,517,478
68,620,719
71,352,453
72,974,396
53,560,480
1882
58 820 146
1883
61,304,805
1884
62 405 700
1885
63,052,736
1886
65,610,233
1887
68,901,404
1888
70 678 708
1889
73,349,094
1890
75,310,524
1891
2
2
2
2
2
2
2
1
3
2
209
502
608
290
101
005
167
857
115
662
337
329
425
720
779
268
558
015
878
087
2,476,794
2,737,803
2,738,343
2,524,625
2,245,913
2,141,126
2,364,722
2,069,191
3,060,632
2,746,649
74,626,553
77,108,390
79,531,738
79,231,164
79,310,385
78,996,324
78,582,786
76,554,845
76,012,042
77,878,672
77 103 347
1892
79,846,193
1893
1894
82,270,091
81,755,789
1895
81 565 298
1896
81,137,450
1897
80,947,008
1898
78 624 036
1899
79,072,674
1900
80,627,321
1901
1902
1903
1904
1905
1906
1907
1908
1909
1910
2
3
3
4
4
4
4
4
7
807
881
642
185
101
407
753
884
855
988
081
850
674
214
882
772
376
666
2,817,928
3,886,159
3,633,914
4,178,771
4,094,029
4,373,641
4,753,233
4,880,374
7,855,666
83,181,778
85,619,042
88,321,224
88,947,961
91,748,866
95,131,416
100,203,968
103,425,144
175,683,593
177,217,518
3,103,562
2,651,062
2,348,683
1,906,680
1,885,381
3,215,978
2,539,940
2,092,306
2,975,281
2,111,684
89,103,268
92,156,263
94,303,821
95,033,412
97,728,276
102,721,035
107,497,141
110,397,824
186,514,540
GEXERAL TABLES
219
Table XI.
GROSS RECEIPTS OF THE ILLINOIS CENTRAL RAILROAD
AMOUNTS PAID INTO STATE TREASURY,
MARCH 24, 1855 TO APRIL 30, 1910.
AND
Time.
Gross Receipts.
Per Am
Cent. Sta
T. Paid into
TE Treas'y.
March 24, 1855 to April 30, 1856
$ 1,225,611.88
5 $
61,280.59
Year ending " " 1857
1,847,439.99
5 and 7
105,299.48
" 1858
2,095,782.56
146,704.78
" 1859
1,855,535.20
129,887.45
■' 1860
2,208,276.35
154,579.34
• 1861
2,598,271.67
181,879.02
" 1862
2,382,697.08
166,788.79
" 1863
3,776,344.15
264,344.09
" 1864
4,911,640.35
343,814.83
" 1685
6,800,182.86
476,012.80
■■ 1866
6,591,967.11
461,437.70
" 1867
6,124,910.62
428,743.75
., jggg
6,163,443.62
431,441.05
., jggg
6,339,117.31
443,738.22
.. ^g7Q
6,711,558.87
469,809.12
.. jg^j
6,594,143.58
461,590.05
.. jgy2
6,754,137.94
472,789.65
" 1873
6,100,577.62
427,040.43
" 1874
5,724,929.06
400,741.53
.. jgyj
5,673,893.95
397,172.58
" 1876
5,312,395.27
371,867.66
" 1877
4,562,710.66
319,389.74
" 1878
4,683,375.82
327,836.31
" 1879
4,554,822.69
318,837.59
" 1880
4,880,423.54
341,629.64
■• 1881
5,411,074.49
378,775.22
" 1882
5,658,152.90
396,070.70
" 1883
5,577,692.73
390,438.49
" 1884
5,410,125.93
378,708.81
" 1885'
5,129,160.57
359,041.23
" 1886
5,230,952.87
366,166.70
" 1887
5,661,643.79
396,315.07
■' 1888
6,016,365.88
421,145.60
" 1889
6,267,193.02
438,703.51
" 1890
6,833,963.08
478,377.42
" 1891
7,321,658.47
512,516.09
" 1892
8,006,242.46
560,436.97
" 1893
8,780,697.99
614,648.81
" 1894
10,390,838.40
727,358.69
" 1895
8,192,184.54
573,452.92
" 1896
9,107,202.85
635,865.300
" 1897
8,641,499.58
604,904.97
.. ig98
9,272,621.40
649,083.49
" 1899
9,494,644.20
664,625.09
.. 1900
10,670,739.43
746.951.75
" 1901
11,563,411.83
809,438.83
" 1902
12,661,928.96
886,335.02
" 1903
14,222,572.69
995,580.09
" 1904
15,506,164.82
085,431.53
" 1905
15,547,432.51
088,320.27
" 1906
16,329,963.77
143,097.46
" 1907
17,090,183.29
196,312.83
" 1908
16,795,267.57
175,668.73
■' 1909
16,044,015.21
123,081.07
■' 1910
17,104,000.28
197.280.02
a Net amount received alter deducting $1,638.89 mt
erest on advai
ice payments
to the State of $450,000.
220
GENERAL TABLES
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BIBLIOGRAPl I Y
ON TAXATION IN ILLINOIS.
Revenue Law, Auditor's Edition, 1908.
Reports of Auditor of Public Accounts, 1820-1908.
Reports of State Treasurer, 1820-1908.
State Board of Equalization, Annual Reports, 1867-1909.
Report of Revenue Commission appointed under joint resolution of the 34th
General Assembly, to propose and frame a Revenue Code, Springfield, 1902.
Bureau of Labor Statistics: Biennial Report, 1888;
Biennial Report, 1894, on Taxation.
Anthony, Elliott: Report on the Revenue System of Illinois, 1879,
Bemis, E. W. : Problem of Taxation in Chicago, Bibliotheca Sacra vol. 54; 746.
Chandler, Frank Randolph: Assessor's Land Valuations, City of Chicago, from
the quadrennial assessment of 1907, Chicago, Donnelly, 1908.
Cook County Board of Review: Taxes in Cook County (Duties of Board of Review
and Board of Assessors).
CuUerton, E. F.: The Taxpayer, 1901-04.
Davenport, Eugene: Development of the National Resources of the State. Ad-
dress at Peoria, Feb. 12, 1908.
Gunton's Magazine, Vol. 10, 197: Illinois Labor Report on Taxation.
Handbook of Reliable Information Concerning Taxation, Licenses, etc., Chicago,
Hancock & Stone, 1897.
Kurd, H. B.: Some History of the Struggle in Illinois to secure Equality in Taxa-
tion. Mich. Pol. Sci. Assn. Publications, Vol. 4, No. 4, 1901.
Illinois Tax Reform Association, Annual Reports, 1908, 1909.
Kales, A. M. and Liessmann, E. M. : Compilation of Tax Laws and Judicial
Decisions of the State of Illinois, 1910.
Merriam, C. E.: Report on the Municipal Revenues of Chicago, 1906.
Olcott, Geo. C. & F. J. : Olcott's Land Value Maps (of Chicago) 1909.
University of Illinois: Essays on Taxation in Illinois.
Brown, E. J.: Taxation for Special Purposes by Independent Boards in Illi-
nois.
Haig, R. M. : Taxation of Mortgages and Credits in Illinois and other States
since 1870.
Moore, J. R. : Taxation of Corporations in Illinois other than Railroads.
Latimer, T. E.: Special Taxes in Illinois.
Swanson, A. E.: History of the General Property Tax in Illinois, 1870-1909.
Burton, S. L. : Taxation of Railroads in Illinois.
Whitten, R. H. : Assessment of Taxes in Chicago, Journal of Political Economy,
Vol. 5, 175, 1897.
(250)
INDEX
Abatements, etc., deducted from taxes: 104, 240-
242.
Accountants, examination fees: 139.
Adams County: 62, 98, 99, 228.
Agricultural implements and machinery: 39, 40,
210.
Alabama: 147, 152, 165, 169, 171, 220.
Alexander County: 41, 99, 227, 228.
Architects, examination fees: 137-138.
Arizona; 162, 166, 169, 171. 221.
Arkansas: 153, 165, 169, 174, 220.
Assessed and estimated true value: 14, 25, 40.
Assessed Valuations:
of real property, 21-25, 202-209;
of personal property, 37-58, 210-215;
of railroad property, 68, 218;
equalized valuations, 96-98, 225-226;
in other states, 149, 156, 157, 161.
Assessment Methods:
real property, 20-21;
personal property, 34-37;
railroad property, 68-71;
corporations, 84-95.
Assessors: 10, 20, 37.
See also County Assessors and Town Assessors.
Atchison, Topeka & Santa Fe Ry. Co.: 83, 222,
223.
Attorney-General: opinions of, 86.
Auditor of Public Accounts: 13, 36, 70, 110-112,
131, 140.
Automobile fees: 130, 139.
Banks, taxation of:
in Illinois, 18, 107, 113, 211-213;
in other states, 172, 176-177, 183, 189, 198.
Bank Deposits, taxation of:
in Illinois, 48-50.
Bank Shares, assessment of: 19, 50-51,
211, 214-215.
Barbers, examination fees, 140.
Bibliography: 250
Bond County: 98, 99, 228.
Bonds and Stocks, taxation of:
in Illinois, 50;
assessed value, 211, 214-215.
See also Stocks and Bonds.
Boone County: 99, 101, 228.
Brown County: 98, 228.
Building and Loan Associations, taxation of:
in Illinois, 19, 87, 113;
in Pennsylvania, 189.
Bureau County: 62, 228.
Bureau of Labor:
investigation of mortgage taxation, 46;
fees, 139.
(2
Business Corporations, taxa.tion of:
in Illinois, 18, 90, 94-95;
in other states, 168, 172. 177, 186, 192, 194, 198
Business Taxes, 173-174.
California :
taxation of mortgages, 54;
inheritance tax , 116;
State board of equalization, 163, 171;
taxation of corporations 169, 171;
railway taxes, 221.
Calhoun County: 23, 99, 227, 228.
Canada, Inheritance tax in: 117.
Canal finances: 118-128, 246, 248.
Capital Stock, taxation of;
in Illinois, 8, 13, 84-95, 218-224;
in other states, 167-168, 172, 176, 186, 188, 194;
of railroads in U. S., 220-221.
Carroll County: 228.
Cass County: 41, 228.
Census estimates of true value of property: 10
20, 37, 100.
Champaign County: 26, 228.
Chicago :
Columbian exposition bonds, 7;
Illinois and Michigan canal, 118, 120;
grain inspection fees, 131-134.
See also Cook County.
Chicago & Northwestern Ry.: 83, 222, 223.
Chicago, Burlington &QuincyR. R.:83, 222,223
Chicago. Milwaukee & St. Paul Ry.: 83, 222, 223.
Chicago, Rock Island & Pacific Ry. 82, 83, 22 2
223.
City Lots : See Town and City Lots.
City Taxes: 102, 238, 239.
Clark County: 227, 228.
Classification of real property: 28.
Clay County, 227, 229.
Clinton County: 41, 98, 99, 228, 229.
Coles County: 229.
Collection of Taxes: 16, 17, 104, 240, 242.
Colorado: 162, 166, 169, 171, 221.
Commercial Fertilizers, license fees: 136-1.37, 140.
Commission Merchants' License Fund: 142.
Commissioner of Corporations, on the taxation of
corporations: 175.
Commutation of taxes prohibited: 6.
Complaints and criticisms:
of local officials, 11, 12;
of undervaluations, 27 ;
of intangible property assessments, 43, 45, 51;
of State board of equalization, 63-66.
Conclusions: 174, 175, 200-201.
Connecticut: 54, 147, 148, 164, 169, 171, 220
Constitutional Provisions: 2,3, 5-7.
51)
252
INDEX
Constitutionality of inheritance taxes: 115-116.
Cook County:
assessment methods, 9, 10;
real property assessments, 25, 204-205, 227;
personal property assessments. 39, 41, 46, 47,
49,204-205, 212-215;
equalization, 60, 62, 65, 217, 227;
railroad property, 75;
capital stock assessments, 87, 90, 94-95 ;
proportion of state tax, 97, 229;
taxes levied, 99, 102, 239.
Corporate excess, taxation of: 168, 176-177, 198.
Corporate loans, taxation of ■
in Pennsylvania, 18.
Corporations, taxation of:
Illinois, 5, 17-19, 84-95, 112, 113, 130, 210, 224;
"United States, 167-175;
Massachusetts, 175-180;
New York, 180-183;
New Jersey, 183-187;
Pennsylvania, 187-193;
Ohio, 193-194;
Wisconsin, 194-196;
Minnesota, 196-199.
See also Business Corporations, Financial Cor-
porations, Public Service Corporations, and
Railroads.
Corporation Commissions: 151.
Counties :
Average tax rates, 99;
Percentages of real and personal property, 227;
Percentages of State tax paid by, 228-237;
See also names of counties.
County Assessors: 8, 10, 156, 160, 162, 163.
County boards of review: 12, 21, 37.
County Clerk: 15. 16, 20, 70.
County Judge: 16, 114.
County taxes: 2, 6, 15,99, 101, 102, 238,239.
County Treasurer, 10, 16, 114.
Crawford County: 229.
Credits, taxation of:
in Illinois, 45-48;
in other states, 51-58;
assessed valuation, 211, 212-213.
Cumberland County, 229.
Debts :
constitutional limitations, 6-7;
State expenditures for, 248.
Decatur, 132.
Decline in Assessed Valuations: 22, 38, 72, 85.
DeKalb County: 229.
Delaware: 54, 150, 164, 171, 220.
Dentists, examination and license fees, 135, 141.
DeWitt County: 229.
Double Taxation : 44, 51-53.
Douglas County: 229.
Du Page County: 23, 227, 229.
East St. Louis: 132-134.
Edgar County: 230.
Edsall, James K.: Attorney-General:
opinion of, 86.
Edwards County: 99, 230.
Effingham County: 230.
Embalmers, fees: 135.
Employment agencies fees; 130 138-139. 140.
England: See Great Britain.
Equalization of Local Assessments: 8, 59-67,
216-217.
Equalized Valuations: 97, 225-226.
Examination and License Fees: 128-144.
Exemptions from taxation; 3. 5, 42, 86, 114.
Expenditures, of Illinois: 105, 248-249.
Fayette County: 230.
Fees:
in Illinois, 106-144, 244;
in other states, 181, 187, 188.
Financial Corporations, taxation of:
in Illinois, 18;
in other states, 183, 185-186, 194.
See also Banks and Insurance Companies.
Fire Insurance Companies:
See Insurance Companies.
Fishing Licenses: 143, 144, 246.
Florida: 152, 165, 169, 171, 220.
Food Commissioner's Fund: 143-144, 246.
Ford County: 98, 230.
Foreign Corporations, taxation of:
in Illinois, 211, 214-215;
in other states, 179, 183, 189, 198.
France: inheritance tax, 117.
Franchises -of Corporations, taxation of:
in Illinois, 211;
in other states, 168-169, 1-80-182.
Franklin County: 26, 230.
Fulton County: 230.
Furniture, household and office: 42, 210.
Gallatin County: 23, 99. 227, 230.
Game Licenses; 142-143, 144, 246.
General Property Tax, taxation of corpoiation
under:
in general, 167-170;
in Massachusetts. 175-176;
in New York, 180.
Georgia; 152, 165, 169, 171, 220
Germany :
increment tax, 30-32;
inheritance tax, 117.
Governor;
appoints first State board of equalization, 59;
Altgeld, 113.
Grain Inspection Fees: 131-134.
Great Britain:
inheritance tax, 117;
new land taxes, 33.
Greene County, 62, 230.
Gross earnings taxes:
Illinois Central Railroad, 76, 219;
other states, 153, 190-191, 194, 197. 220-221.
Grundy Cotmty: 230.
Hamilton County: 16, 99, 231.
Hancock County: 231.
Hardin County: 26, 41, 64, 98, 231.
Henderson County: 99, 231.
Henry County: 231.
Horseshoers, fees; 138.
Household furniture: 42, 210.
INDEX
!S3
Hunters' Licenses: 130, 142-143, 144.
Idaho: 54, 162, 166, 169, 171, 220.
Illinois & Michigan Canal: 118-128, 246, 248.
Illinois Central Railroad: 4, 76-77, 219, 222, 223,
244. 245-246.
Illinois River improvements: 118, 124, 128, 246.
Improvements, assessed valuation of: 22-23, 207,
209.
Increment Tax in Germany, 30-32.
Inequalities: 8, 25-27, 41, 82-83, 90, 95-96.
Inheritance Taxes;
in Illinois, 113-118, 244;
in other states, 116-117;
in other countries, 117.
Injunctions, restraining collection of taxes: 240-
242.
Insurance companies, taxation of:
in Illinois, 18, 107, 109-112, 244;
in other states. 172, 183, 186, 190-191.
Intangible personal property, assessment of:
35. 39, 42-58, 211-215.
International Conference on State and Local Tax-
ation :
inheritance tax bill, 117.
Iowa: 53, 159, 166, 169, 171, 221.
Indiana :
taxation of mortgages, 54;
State tax commission, 66, 147, 155, 165;
railroad taxes, 77. 221 ;
taxation of corporations, 169, 171.
Iroquois County: 99, 231.
Jackson County: 231.
Jasper County: 231.
Jefferson County: 23, 227, 231.
Jersey County: 98, 227, 231.
Jo Daviess County: 23, 48, 227, 232.
Johnson County: 41, 99, 227, 232.
Joliet: 132.
Kane County: 23, 60, 232.
Kankakee: 132.
Kansas :
State tax officials, 29. 147, 160-161, 166;
taxation of corporations, 169, 171;
railway taxes, 221.
Kankakee County: 26, 98, 227, 232.
Kendall County: 232.
Kentucky: 42, 154, 165, 169, 171, 220.
Knox County: 232.
Lake County: 23, 98, 227, 232.
Lake Shore and Michigan Southern Ry.: 82, 222.
223.
Lands, assessed valuation: 21, 25, 202—207.
See also Real property.
Land Sales: 119-120, 243, 245.
Land Values: taxation of increased: 29-33.
LaSalle: 119.
LaSalle County: 232.
Lawrence County: 23, 227, 232.
Leases of canal lands and water power: 123.
Lee County: 60. 232.
Levy of taxes, how made: 15.
License Fees; 106-113, 128-144.
License Taxes, in Pennsylvania: 191.
Life Insurance Companies:
See Insurance Companies.
Limitations:
on local debts , 6-7 ;
on tax rates, 9, 16.
Listing: 20, 34, 70.
Live Stock, valuation: 39, 40 41, 210.
Live Stock Commission: 138, 249.
Livingston County: 99, 101, 227, 233.
Loans for Illinois and Michigan Canal: 119.
Local Assessments:
general methods, 10-12;
railroad property, 68, 218.
statistics, 208-215.
Local Bond Funds: 247, 249.
See also Registered Bond Fund Tax.
Local license fees: 108.
Local taxation: 3, 6, 238, 239.
See also City taxes and County taxes.
Local Taxation of Corporations:
in other states, 175, 180, 184, 188.
Lockport, 120.
Logan County: 227, 233.
Louisiana: 152, 165, 169, 171, 220.
McDonough County: 233.
McHenry County: 234.
McLean County; 234.
Macon County: 233.
Macoupin County: 62. 233.
Madison County: 233.
Maine; 147. 164, 169, 171, 220.
Manufacturing and Mercantile corporations;
exempted from capital stock assessment, 86;
taxation of, in United States, 168, 177.
Manufacturing implements and machinery, 39,
210.
Marion County: 233.
Marshall County: 233.
Maryland :
taxation of intangible property, 56;
railroad taxes, 77, 220;
State tax commissioner, 147, 150, 164;
taxation of corporations, 171.
Mason County: 99, 227, 233.
Massac County: 26, 233.
Massachusetts :
taxation of mortgages, 54;
inheritance tax, 116, 117, 118;
tax commissioner, 118, 148. 164;
taxation of corporations, 169, 171, 175-180;
railway taxes, 178,220.
Menard County: 62, 234.
Mercer County: 234.
Meyer, B. H.:
on apportionment of railroad valuation ,75.
Michigan :
tax officials, 29, 147, 156, 165;
personal property taxation, 42, 52;
railroad taxation, 74, 221;
taxation of corporations, 169, 171,
Mining license and inspection fees; 137, 140.
254
INDEX
Minnesota :
special mortgage tax, 57;
State tax officials, 66, 147, 158-159. 166;
railroad taxes. 78, 197,199,221;
taxation of corporations, 169, 171, 196-199.
Miscellaneous Corporations, taxation of:
in New Jersey, 186-187.
Mississippi: 152, 165, 169, 171, 220.
Missouri: 145, 160, 166, 169, 171, 221.
Moneys, assessed value: 48, 50, 211, 212-213.
Monroe County: 234.
Montana: 161, 166, 169, 171, 221.
Montgomery County: 234.
Morgan County: 227, 234.
Mortgages, taxation of:
in Illinois, 45-48.
in other states, 51-58.
Motor vehicles, fees for; 139.
Moultrie County: 227, 234.
Nebraska; 161, 166, 169, 171, 221.
Nevada: 163, 166, 169, 221.
New Hampshire: 148, 164. 169. 171. 220.
New Jersey:
taxation of mortgages, 54;
State tax officials, 147, 149, 164;
taxation of corporations, 169. 171, 183-187;
railway taxes, 183-184,220.
New Mexico: 162, 166, 169. 171, 221.
New York :
special mortgage tax, 56;
railroad taxes, 77, 181,220;
inheritance tax, 116, 118;
State tax officials, 147, 148, 149, 164;
taxation of corporations, 169,171,172, 180, 183.
New York City:
assessment of real property in, 28.
North Carolina: 147, 151, 164, 169, 171, 220.
North Dakota: 161, 166, 169, 171, 221.
Nurses, registered: registration fees, 139.
Oath for assessing officers : 1 1 .
Ogle County: 234.
Ohio:
unit plan of assessing real property, 28;
tax inquisitor law, 51-52;
railroad taxes, 77, 194,221;
State tax officials, 145, 147, 154, 165;
taxation of corporations, 169, 171, 193-194.
Oklahoma: 153, 165, 169, 171, 220.
Ore Land Assessments, in Minnesota: 199.
Oregon: 147, 163, 166, 169, 171, 221.
Organization Fees of Corporations:
in Illinois, 112;
in other states, 181, 187, 188.
Peddlers and Hawkers:
license fees. 107, 243.
Pennsylvania:
taxation of personal property, 55-56;
railroad'taxes, 77, 190, 192,220;
inheritance tax, 116, 117;
State equalization and assessment, 150, 164;
taxation of corporations, 117, 172, 187-193.
Pennsylvania railroad lines: 82, 222, 223.
Peoria County: 234.
Percentages of real and personal property assess-
ments: 23, 38, 227.
Percentages of State tax paid by each county:
97-98, 228-237.
Perry County: 235.
Personal Property Assessments:
in Illinois, 2, 34-58, 202-205, 210-215;
in other states, 156, 161.
Piatt County: 235.
Pike County: 98, 235.
Pope County: 23, 227, 235.
Powers, L. G.: proposed classification of real
property, 28.
Public Service Corporations, taxation of:
in Illinois, 8, 18, 87, 90, 94-95;
in other states, 153, 155, 156, 158, 161, 163,
172, 176, 181, 184, 190, 193, 195, 197.
Pulaski County: 99, 101, 235.
Purdy, Lawson: 28.
Putnam County: 23, 98, 227, 235.
Railroad and Warehouse Commission :
grain inspection fees, 131-134.
Railroad Commissioners: 152, 153.
Railroads, taxation of;
in Illinois, 13, 40, 68-83, 202-205, 218, 223;
in other states, 172, 183-184, 220-221;
See also Public Service Corporations.
Randolph County: 235,
Real Property:
assessed valuation of, 20-29, 202-209;
undervaluations . 2 5-2 7 ;
improved methods of assessment, 28;
assessed valuation in other states, 156, 157, 161;
percentage of total valuation, 227.
Recording Tax on Mortgages; 56-57.
Redemptions from tax sales: 5, 243, 245.
Registered Bond Fund Tax: 238. 239.
See also Local Bond Funds
Rentals, of canal lands and water power: 123.
Revenue Commission of 1886: 8.
Revenue Laws: 2, 4, 7.9,38, 68,84,86, 113, 114.
Revenues of Illinois:
summary, 19, 104-105, 240-247;
insurance fees and taxes, 110-112;
inheritance tax, 116;
Illinois and Michigan Canal, 127;
examination and license fees, 134-144;
Illinois Central railroad, 76, 219.
Richland County: 235.
Rhode Island; 148, 164, 171. 220.
Road and Bridge Tax: 238, 239.
Rock Island County: 41. 99, 235.
Rules for valuing capital stock: 90-93.
St. Clair County: 23, 227, 236.
St. Louis, Iron Mountain & Southern Ry.; 82,
222, 223.
St. Paul, Minn.: 28.
Saline County: 235.
Sangamon County: 236. 243n.
Savings banks: See Banks.
Schedules:
of personal property, 34;
of railroad property, 7l.
INDEX
2SS
School Fund; 240, 245-246.
School Taxes: 15, 238-239.
S?huyler County: 227, 236.
Scott County: 227, 236.
Secretary of State :
Fees, 112-113, 129-130, 139, 244.
Seligman, E. R. A., on the taxation of corpora-
tions: 174.
Separation of State and local revenues: 8.
Shareholders and Bondholders, taxation of:
in Massachusetts, 179;
in New York, 183.
Shelby county: 41n, 236.
Sheriff: county collector, 17.
South Carolina: 151, 164, 169, 171, 220.
South Dakota: 161, 166, 169, 171, 220.
Special assessments: 6, 101.
Special Franchises, taxation of ; in NewYork, 180.
Special Funds: 141-144, 245-247.
Special Taxes: 3, 4, S, 106-118.
See also Inheritance Taxes and Insurance Cos.
Springfield: 122.
Stallion Registration Board, fees: 139-140.
Stark County: 236.
State Assessments:
in Illinois, 68-75, 84-95;
in other states, 170, 193. 195.
State Assessors: 146-166.
State Banks of Illinois: 2, 107, 243.
State Board of Agriculture: 136-137, 141.
State Board of Dental Examiners: 135, 141.
State Board of Equalization:
in Illinois: 4, 7, 13, 59-75, 84-95, 218, 224;
in other states, 145-166.
State Boards of Examiners:
architects, 137-138;
barbers, 140;
horseshoers , 138;
nurses, 139;
public accountants, 139.
State Board of Health:
examination and license fees, 134-135, 141.
expenditures, 249.
State Board of Live Stock commissioners: 138.
State Board of Mine Examiners: 137.
State Board of Pharmacy: 136, 141.
State Equalization:
in Minnesota, 158-159;
in Illinois, 59-66, 216-217.
State Expenditures: 105, 248-249.
State Fish Protection Fund: 143, 144.
State Food Commissioner's Fund: 143-144; 246.
State Game Protection Fund: 142-143, 144, 246.
State Revenue Agent: Mississippi, 152.
State Revenues:
in other states, 172, 178, 182, 187, 192, 196, 199.
See also Revenues of Illinois.
State Tax Commissions: 8, 29, 66. 146-147, 149,
154-161.
State Tax rate: 15, 98-99.
State Taxation Officials: 145-166.
State Taxes:
amounts, 101-104, 238-244.
percentages paid by each county 97, 228-237.
State Treasurer: 114, 131, 240-242.
Stephenson County: 236.
Stock Transfer Tax: in New York, 183.
Stocks and Bonds, taxation of:
in Illinois, SO, 211, 214-215;
on railway, in U. S., 220-221.
See also Bonds and Stocks.
TangiblePersonalProperty : 34, 38, 41-42, 210, 2 11.
Tax Commissions:
See State Tax Commissions.
Tax Rates: 15, 16, 98-101, 114, 115.
Tazewell County: 236.
Teachers' Federation Case: 87.
Tennessee: 154, 165, 169, 171,220.
Texas: 153, 165, 169, 171, 220.
Title guarantee companies, fees: 113.
Tolls: on Illinois and Michigan Canal, 120-122.
Town and City Lots, Assessment of: 21, 202, 205,
208-209.
Town Assessors: 2, 8, 11.
Town Collectors; 17.
True Valuation of Property: 14, 25, 40, 100.
Trust Companies, taxation of:
in New York, 183.
See Financial Corporations.
Unconstitutional laws: 86. 124, 138, 142, 190.
Undervaluations: 1, 9, 14, 25-27, 40, 46-49.
Uniformity of Taxation :
constitutional requirements. 2,3,5.
Union County: 236.
Unit plan of real property assessments: 28.
United States Government :
state revenue from, 243-244, 245.
Urban and Rural Property:
assessments of real property, compared, 26.
Utah: 54, 162, 166, 169, 171, 221.
Vermilion County: 236.
Vermont: 147, 148, 164, 169, 171, 220.
Veterinary practitioners, fees: 138.
Virginia: 57, 151, 164, 169, 171, 220.
Wabash County: 62, 237.
Wabash River improvements: 128.
Warren County: 237.
Washington County: 227, 237.
Washington: (State)
54, 77, 147, 163, 166, 169, 171, 221.
Water Power:
on Illinois and Michigan canal, 123.
Wayne County: 237.
West Virginia: 147, 151, 164, 169, 220.
White County: 237.
Whiteside County: 41n, 237.
Will County: 26, 64, 237.
Williamson County: 98, 237.
Winnebago County: 237.
Wisconsin:
State tax commission, 29, 66, 147, 158, 166;
exemptions, 42, 55;
railroad taxation, 74, 195,221;
inheritance tax, 117;
taxation of corporations, 169, 171, 194-196.
Woodford County: 99, -237.
Wyoming: 146, 147,, 162, 166, 169 171, 221