Oliver Wendell Holmes, Jr.

“ There are no such precise averments in the complaint as would warrant our assuming that no assessment could be made for a further amount, still less that none in any form could be made, when there is no valid one upon the books. We cannot tell, and much more positive averments of intent than those before us would not warrant a court in prejudging, what the assessing officer will do. It is not for a court to stop an officer of this kind from performing his statutory duty for fear he should perform it wrongly. The earliest moment for equity to interfere is when an assessment has been made. ”

“ This was affirmed by the territorial board of equalization on appeal. Afterwards the plaintiff the amount admitted by it to be due, and was sued for the residue; but the suit was dismissed, the district attorney giving out that a new assessment would be made. It is alleged that the assessor, in 1903, announced as his method of valuation that all property except bank property and bank shares would be assessed at one third of its real value, but that he would assess banks at 60 per cent of the capital stock and surplus in addition to their real estate ”

“ Rep. 324) , it may be argued consistently with the decisions that real estate taxed to the bank, and land out of the territory, which could not be taxed by it at all (Union Refrigerator Transit Co. v. Kentucky, 199 U.S. 194, 50 L. ed. 150, 26 Sup. Ct. Rep. 36) , are meant to be deducted by Rev. Stat. ”