State ex rel. Morgan v. Real-Estate Bldg. & Loan Fund Ass'n

• Decision Date: 29 November 1898
• Parties: STATE ex rel. MORGAN, County Assessor, v. REAL-ESTATE BUILDING & LOAN FUND ASS'N et al.
• Court: Indiana Supreme Court

151 Ind. 502

51 N.E. 1061

STATE ex rel.MORGAN, County Assessor,

v.REAL-ESTATE BUILDING & LOAN FUND ASS'N et al.

Supreme Court of Indiana.

Nov. 29, 1898.

Appeal from circuit court, Monroe county; W. H. Martin, Judge.

Action by the state, on relation of John D. Morgan, as county assessor, against the Real-Estate Building & Loan Fund Association and others, for a writ of mandamus. From a judgment sustaining a demurrer to the alternative writ, relator appeals. Reversed.

Henley & Wilson, for appellant. Louden & Louden, for appellees.

MONKS, C. J.

This action was brought by the relator, as county assessor, to compel appellee said building association and its officers to permit him, as such assessor, to examine the books of said building association for the purpose of determining whether any of the stock of said association had been omitted from taxation. An alternative writ of mandamus was issued, and appellees' demurrer thereto was sustained. Appellant refusing to plead further, judgment was rendered in favor of appellees.

The only errors assigned call in question the action of the court in sustaining said demurrer. It is settled law in this state that the stock in building and loan associations, whether paid up, prepaid, running, or otherwise, is taxable at its true cash value. Harn v. Woodard (Ind. Sup.) 50 N. E. 33;Deniston v. Terry, 141 Ind. 677, 41 N. E. 143. The tax laws of this state make it the duty of county assessors to assess all property which has been omitted from taxation, and for that purpose he not only has the power expressly given him by statute, but also the power given to township assessors, county auditors, and treasurers. Sections 8526, 8531, 8560, 8600, Burns' Rev. St. 1894 (sections 6371, 6380, 6409, 6449, Horner's Rev. St. 1897), being sections 108, 113, 142, 182, “Tax Law,” Acts 1891, pp. 241, 245, 257, 268. Ample powers are conferred by statute upon the taxing officers in this state to perform their duties in discovering and assessing property. It is provided by section 8444, Burns' Rev. St. 1894 (section 6302, Horner's Rev. St. 1897), that “for the purpose of properly listing and assessing property for taxation, and equalizing and collecting taxes the township assessor, county assessor, county auditor, auditor of state, boards of review and board of tax commissioners, shall each have the right to inspect and examine the records of all public offices, and the books and papers of all corporations and taxpayers of this state, without charges; and they shall have also the power to administer all necessary oaths or affirmations in the discharge of their duties.” The foregoing section is substantially the same as section 6317, Rev. St. 1881, except that the last-named section did not mention township and county assessors.

It was held by this court in Satterwhite v. State, 142 Ind. 1, 40 N. E. 654, 1087, that under said section 6317, Rev. St. 1881 (section 8444, Burns' Rev. St. 1894), a board of equalization had the power to inspect and examine the books and papers of corporations, and require a witness to testify in making a preliminary examination to determine whether any property had been omitted from taxation, before giving any notice to any taxpayer that said board was about to assess omitted property to him, and, further, that mandamus was the proper remedy in such investigation. It is clear from what was said in Satterwhite v. State, supra, that the relator was entitled to a writ of mandamus to compel said appellees, the building association and its officers, to permit him to examine its books and papers in his preliminary investigation to discover property omitted from taxation, not only for the year 1897, but for previous years. Sections 8526, 8531, 8560, 8600, Burns' Rev. St. 1894 (sections 6371, 6380, 6409, 6449, Horner's Rev. St. 1897), not only make it the duty of the county assessor and other taxing...