Appeal from Third District. four justices joining in this opinion, Mr. Justice WEBER being disqualified for the reason that he was of counsel in the court below. For the reasons stated the judgment should be, and it accordingly is, reversed; and the cause is remanded to the district court of Salt Lake county, with directions to grant the plaintiffs a new trial, costs on the appeal to be paid by defendant. CORFMAN, C. J., and GIDEON and THURMAN, JJ., concur. WEBER, J., being disqualified, did not participate. CONTINENTAL NAT. BANK OF SALT LAKE CITY v. NAYLOR, County Treasurer. 1. 2. 3. 4. No. 3199. Decided February 19, 1919. (179 Pac., 67.) TAXATION-UNIFORMITY. Under Const. art. 13, sections 2, 3, and Comp. Laws 1907, sections 2507, 2508, 2509, 2511, 2505, subd. 5, taxation should be uniform upon all property within the jurisdiction of the authority levying the tax. (Page 57.) TAXATION INJUNCTION-ADOPTION OF WRONG PRINCIPLES OF TAXATION. The intentional and willful adoption of wrong principles, standards, or methods in assessing property for taxes, resulting in inequality, nonuniformity, and discrimination to the injury of the taxpayer, entitles him to injunctive relief unless he otherwise has a plain, speedy, and adequate remedy. (Page 58.) EVIDENCE-HEARSAY-REPORT OF COMMISSIONERS. In action to enjoin collection of a tax on bank stock, a report prepared by "Commissioners of Revenue and Taxation," appointed in pursuance of an act of Legislature, which report purported to contain a summary of information collected by the board as to the values at which property had been assessed in various counties in previous years, was properly excluded as hearsay; the act not providing that the report should be accepted as evidence, and the commissioners not being called as witnesses to verify the report. (Page 59.) TAXATION-BANK STOCK-DEDUCTIONS. Under Comp. Laws 1907, section 2509, as to deductions, in assessing bank stock, on account of real estate, there should be deducted from the value 5. 6. 7. 8. 9. Continental Nat. Bank of Salt Lake City v. Naylor, 54 Utah 49. of the stock such a sum as is in the same proportion to the value as the assessed value of the real estate bears to the combined amount of the capital stock, surplus, reserve, and undivided profits of the bank. (Page 60.) TAXATION-BANK STOCK-DEDUCTIONS. Under Comp. Laws 1907, sections 2507, 2508, 2509, 2511, 2505, subd. 5, deduction of percentage from value of bank stock to equalize assessment thereof with assessment of other property is to be made after deduction for assessed value of real estate. (Page 61.) TAXATION-BANK STOCK-BASIS OF VALUATION. Under Comp. TAXATION INJUNCTION-BURDEN OF PROVING DISCRIMINATION. In INJUNCTION-DISCRIMINATION by bank to enjoin collection of tax on its shares, evidence held 10. TAXATION-DETERMINATION OF BOARD OF EQUALIZATION. Under Comp. Laws 1907, section 2683, action of board of equalization in determining the assessed valuation of bank stock, after hearing, held final, and not reviewable in action by the bank to restrain collection of the tax based on such assessment.2 (Page 70.) 11. TAXATION-ENJOINING COLLECTION-GROUNDS. While Comp. Laws 1907, section 2683, recognizes the right to injunction when the tax or any part thereof sought to be enjoined is illegal, or is not authorized by law, the remedy should not be invoked except in clear cases, based upon unquestioned facts, coming within the clear terms, letter, and spirit of the statute.3 (Page 70.) 1 Bank v. Christensen, 39 Utah, 568, 118 Pac. 778. 2 Mercur Gold Mining & M. Co. v. Spry, 16 Utah, 222, 52 Pac. 382; Bank v. Christensen, 39 Utah, 568, 118 Pac. 778; Home Fire Insurance Co. v. Lynch, 19 Utah, 189, 56 Pac. 681. 3 Mercur Gold Mining & M. Co. v. Spry, 16 Utah, 222, 52 Pac. 382. Appeal from Third District. Appeal from the District Court of Salt Lake County, Third District; Hon. P. C. Evans, Judge. Action by Continental National Bank of Salt Lake City against R. C. Naylor, county treasurer of Salt Lake County, Utah. Judgment for defendant. Plaintiff appeals. AFFIRMED. Howat, Marshall, Macmillan & Nebeker, of Salt Lake City, for appellant. Richard Hartley, Co. Atty., and H. L. Mulliner, of Salt Lake City, for respondent. THURMAN, J. This is an action to enjoin the collection of a tax. Plaintiff is a national bank doing business in Salt Lake City. Defendant is the county treasurer of Salt Lake county. The complaint, in additions to these facts, alleges the capital stock of plaintiff on January 1, 1915, was the sum of $250,000, divided into 2,500 shares of the par value of $100 each; that said shares were outstanding in the hands of plaintiff's stockholders; that the surplus on said date amounted to $50,000; that the total of capital and surplus was $300,000, and each share of said stock on said date was of the value of $120; that the proper officers of Salt Lake county, in making assessments for that year on all property in said county except that of the shares of stockholders in plaintiff's and other banks, systematically, designedly, and intentionally assessed and valued the same at not to exceed 33 per cent. of the true money value thereof; that such assessment and valuation constitute the basis upon which property owners other than the owners of bank shares were assessed in said county; that in assessing and valuing the shares in plaintiff's bank said offi Continental Nat. Bank of Salt Lake City v. Naylor, 54 Utah 49. 1 cers wrongfully, unlawfully, systematically, and intentionally assessed and valued said shares at 91.32 per cent. of the true value thereof in money, and the taxes levied on said shares were based on said disproportionate, excessive, unequal, and nonuniform valuation and assessments; that in assessing and valuing said bank shares said officers arbitrarily, systematically, and wrongfully included as part of the value a large sum for and on account of good will of the business of plaintiff, but intentionally and systematically failed and refused to assess, value, or consider in any manner whatever,, or tax the good will of the business of any person, firm, or corporation in said county except the supposed good will of the plaintiff's business and that of other banking institutions; that, if said bank shares had been assessed and valued the same as other property in said county, the taxes on the shares of plaintiff's stockholders would not have exceeded the sum of $2,794.91 which sum plaintiff paid to the defendant, and stands ready to do whatever in equity ought to be done in the premises, but plaintiff alleges defendant wrongfully and unlawfully demands payment by plaintiff of the further sum of $4,517.19; that unless such further sum is paid defendant threatens to sell the real estate of plaintiff upon which taxes for said year have been paid, and the shares of plaintiff's stockholders, and if not restrained he will execute said threat, and thereby cloud the title of said property, and cause plaintiff and its stockholders irreparable injury for which there is no plain, speedy, or adequate remedy at law; that said shares of stock were originally assessed by the assessor of said county for said year at 102.98 per cent. of the true value thereof in money; that within the time allowed by law plaintiff filed an application with the board of equalization of said county, duly verified, for a reduction of the assessed valuation of said shares so that the same would be assessed equally and uniformly with the assessment on other classes of property in said county, and afterwards at a duly convened session of said board appeared before it and showed facts upon which it claimed that such reduction should be made; that said board wrongfully arbitrarily, and capriciously refused to reduce said valuation, so that the same would Appeal from Third District. be equal and uniform with the valuation of other classes of property in said county, but on the contrary, only reduced the same to 91.32 per cent. of the true value of the same in money, thereby causing the tax on said shares, to the extent of $4,517.19, to be unequal, nonuniform, excessive, and discriminative, as previously alleged. Plaintiff further alleges that said assessor and board of equalization in assessing and valuing property in said county for said year for taxation purposes knowingly, systematically, and intentionally discriminated generally against the holders of shares in banking institutions as a class for the purpose of compelling them and said banks to pay an unequal, unjust, and excessive portion of the public revenues. Plaintiff prays that the excess valuation complained of be adjudged invalid; that defendant be perpetually enjoined from selling, or attempting to sell, said property, and temporarily restrained during the pendency of the action from further proceeding to enforce collection. The restraining order was issued. Plaintiff afterwards by amendment to its complaint alleged, in substance, that the action of the assessor and board of equalization complained of, and the statute under which the assessment was made, were and are in violation of the Constitution and statutes of Utah, and a denial to plaintiff and its shareholders of the equal protection of the laws, a right secured by the Fourteenth Amendment to the Constitution of the United States, which right is claimed under said amendment. Defendant by his answer admits that plaintiff is a national bank in Salt Lake City; that defendant is treasurer of Salt Lake county; that plaintiff paid defendant the sum of $2,794.91 as alleged; that plaintiff filed its verified application with the board of equalization for the reduction of the valuation of said shares; that plaintiff appeared before said board upon the hearing of said application, and said board did, upon said hearing, reduce the valuation of said shares from $210,950 to $175,814. Defendant, for want of information, denies the allegations of the complaint as to the capital |