132 Iowa 624 | Iowa | 1906
Tbe plaintiff is tbe owner of an electric light plant in tbe city of Lake City, Iowa. Tbe assessed valuation of this property, as listed and returned by tbe assessor of said city for tbe year 1900, was $8,000; for tbe year 1902, $1,500, and for tbe years 1903 and 1904, $12,-
The demand for this release from liability is based on the claim that the assessment of the property and levy of taxes thereon are void because the assessor, in fixing said valuation, included therein the value of the plaintiff’s franchise as well as the value • of the tangible property constituting the electric light plant. The evidence, relied upon to sustain this allegation, is found in a paragraph of an agreed statement of facts which reads as follows: “ That when said assessments were made all the property, including franchises and every holding and asset of said institution, was taken and included in fixing the said assessments, and that the value fixed was the value of all of said holdings. That the value of all property embraced in the buildings, machinery, mains, poles, wires belonging to said corporation was, and is ‘eight thousand dollars, and that with said franchises the total value is $12,000, the assessed value for said years.” It is said in argument that, under the laws of this State, the franchise of a public service corporation is not taxable, and that the agreed statement of facts clearly shows that the taxes in controversy were levied upon the plaintiff’s franchise, and are therefore void and uncollectible. Of the statute governing the assessment of such property (Code, section 1343) this court has said that it “ was apparently drawn with care to exclude the idea of making the franchise a distinct item of valuation in the assessment of such property for taxation” (Marion v. Railroad Co., 120 Iowa, 263); and if we had here an assessment of a franchise and levy of taxes thereon we should feel impelled, under the authority of this precedent, to sustain the decree entered by the trial court. But we find no such state of facts. The only property listed and assessed was the electric light plant. The fact, if it be
It is true that the tangible property of the plaintiff was of the agreed value of $8,000 and that, with- its franchises, the total value was $12,000, a sum equal to the value fixed by the assessor, but this is by no means an agreement that the franchise was assessed for taxation; and, even if it were so agreed, it would be contradicted by the^other agreed fact that -the assessment listed and returned by the assessor was the single sum of $12,000 on the property of plaintiff. Ilad the assessor listed and returned the franchise as a subject of taxation upon a valuation of $4,000 and the present action had been brought to enjoin the tax levied upon that valuation, then the question which plaintiff seeks to raise would be pertinent. The stipulated fact is not that the franchise was assessed, but it is in substance that the fact of the existence of a valuable franchise was one of the facts which the assessor took into consideration in placing a value upon the electric light plant. Even if this were a wrong basis of estimating the value, it is an error which does not go to the jurisdiction of the assessor, nor render void the assessment made by him. Indeed, we think that the existence of the franchise and the fact that the light plant was a going concern instead of a mere aggregation of dead material were matters which the assessor was entitled to
The objection urged by the appellee cannot be sustained. Por the reasons hereinbefore stated, the judgment of the district court is reversed.