In re Bank of Marion

• Decision Date: 27 November 1894
• Citation: 39 N.E. 118,153 Ill. 516
• Parties: In re BANK OF MARION et al.
• Court: Illinois Supreme Court

153 Ill. 516

39 N.E. 118

In re BANK OF MARION et al.¹

Supreme Court of Illinois.

Nov. 27, 1894.

Certified by auditor of public accounts.

Application of Charles H. Dennison and John H. Burnett, as owners of the Bank of Marion and the Bank of Carterville, to the board of county commissioners of Williamson county for relief from tax assessment. The application was denied, and this decision was affirmed by the auditor of public accounts. Applicants appeal. Affirmed.

Clemens & Warder, for appellants.

M. T. Moloney, Atty. Gen., for appellee.

BAILEY, J.

This case comes to this court on certificate of the auditor of public accounts. Charles H. Dennison and John H. Burnett, the appellants, own and manage two banks in

Williamson county, one known as the Bank of Carterville, and the other as the Bank of Marion. In May, 1894, the Bank of Carterville, by its cashier, made out and filed with the local assessor a list of its personal property, properly sworn to, in which was listed, under item of ‘Money on hand or in transit,’ the sum of $9,470.68; under item of ‘Funds in the hands of other banks, bankers, brokers, and others, subject to draft,’ the sum of $5,553.07; and under item of ‘The amount of checks or other cash items, the amount thereof not being included in either of the preceding items,’ the sum of $1,176.50. The assessor who, as it seems, undertook to assess the property of his district at 40 per cent. of its cash value, valued and assessed these three items at $6,480. In like manner, the Bank of Marion, by its bookkeeper, made out and filed with the local assessor a list of its personalproperty,properly sworn to, in which was listed, under the item of ‘Money on hand or in transit,’ the sum of $11,673.20; and under the item of ‘Funds in hands of other banks, bankers, brokers, or others, subject to draft,’ the sum of $13,869.59. These two items the assessor valued and assessed at $10,217. These assessments being returned to the county board, the appellants appeared before the board at its session in July, 1894, and made application to have the assessments reduced; and, in support of their application, offered evidence tending to show that the item of $9,470.68, ‘Money on hand or in transit,’ scheduled by the Carterville Bank, in fact included the sum of $4,625 in United States treasury notes; that the item of $13,869.59, ‘Funds in hands of other banks, bankers, brokers, and others, subject to draft,’ contained the sum of $9,923.31 on deposit in the St. Louis National Bank in St. Louis, in the state of Missouri. It is claimed that these United States treasury notes and the money deposited in bank in another state are exempt from taxation, and that the appellants are therefore entitled to have the items listed by them reduced by...