Hiram F. Lively v. Missouri, Kansas & Texas Railway Company of Texas

Summary

The Texas Supreme Court held that the 1907 Act authorizing the State tax board to assess intangible assets of railroads does not violate the Texas Constitution’s situs and uniformity provisions, and that the county board of equalization lacks authority to alter those assessments. The Court affirmed the lower court’s injunction preventing collection of taxes on the railway’s intangible assets beyond the uniform 66⅔% rate applied to other property, finding the disparity violated both state and federal equal protection guarantees.