10 The Commoner. LESS Than DEALERS PAY Our Price' to You is 5p & m ;t.iw! tJS Order No, O20&P. Price, $7.35 ?r 0" plush preferred. Sf .? This is a sample of our Furniture prices. Here is a Couch which the factory sells to your deal er at about $8.00. Your dealer will charge you not less than $10.00 or $12.00 for a couch of equal grade. mnnno An unusually large, luxurious couch, made of selected oak, or, if preferred, In mahogany linisn, handsomely carved throughout and supported by massive carved claw feet. It has six rows of deep hand-made tufts, fastened with the celebrated steel tufting buttons which cannot pull off or pull through the cover It is well filled nnd contains the best grade of steel springs turned from special high-carbon Tflre, over which is placed heavy duck canvas instead of the burlap commonly used, tho best grado of figured vclour plush. in nil the staple colors being used for.upholstering. rom a sa5!tay PJnt 91 view the open bottom presents a special feature. It allows good "- - - -. ..-.. uM ui uii, nuivii 10 uiauouuua iu uiuius ituu urins. The frame is massive and substantial, the workmanship first class, the appearance neat and artistic a good, serviceable couch at the lowest price ever offered. Sizo SO inches wide. 78 inches long. Weight 100 pounds. We do not caro to ship goods unless freight charges are guaranteed. If you do not wish to send the full amount, $7.25, send us $1.00 to show good faith, and wc will do the rest. If you rpaliy think that you ought not to take even this risk, write us and say that you prefer to have the couch shipped C.O.D. and that you will pay the full amount upon arrival and examination. We want to be reasonable from every point of view. It may bo returned at our expense if w unviatit wvuu ug jrwu uiuui auw, uu UUl Vfttll -UUCT IYO, J200jJT Montgomery Ward &. Co., Michigan Ave. a Madison st.. Chicago We sell 70,000 articles at wholesale prices, as we do this. They include everything you wear or use, and about everything vou eat. Our new catalofrnpNn fiO ? incf iMd and it describes them all. It contains over 1,000 pages, 17,000 pictures and 70,000 of the lowest prices ever quoted. It weighs almost four pounds, and the postage alone costs 30 cehts. We will send you this catalogue by mail or express prepaid on receipt of 15 cents. It will save any ordinary family at least $100 per year, and may save that on one purchase. If you are not satisfied when you get it we will send your 15 cents back. This is the largest mail order house in the world. Established 1872. We have 25 acres of floor space.covered with merchandise; 2,000 employes, and two million customers. We quote lower prices, for values given, than any other house in existence. f?llfr fflte dirt Aflt nnrl rrA il ...!ll. HK 1- 1 -.1 Srt- - A w" " '"."" bvuu n wiiii iiiius in stamps 'xouay. Montgomery Ward & Co., Mlchlaan Ave. and Madison St., Chicago -. ,5nc,!?sci1 ?ndr ?enti r partial postage on your Buyers' Guide Noi 6g for Spnns and Summer, go. . ' Name (Be sure to write very plainly.) Posojffice County. State. Montgomery Ward (El Company Chicago 1 Be sure to enclose this slin in an onvelnn. 4, This slip was clipped from Commoner. Y V Mandamus. ) The Ieoplk Ex. Rel. vs. The State Board of Equalization. Opinion of the Court. This is a suit wherein the people of the stato of Illinois, at the relation of Catherine E. Goggin and Robort C. Steele, have filed a petition in this court by which they seek to obtain a peremptory writ of mandamus against the state board of equalization, to compel said board to value and assess the capital stock, Including the fran chises, of twenty-three corporations named therein. The petition was filed in this court on November 16, 1900, at the time when the board was holding Its annual session. In substance tho petition alleges that tho relator, Cath erine E. Goggin, is a resident, property owner and taxpayer of Cook county, Illinois, and that Robert C. Steele is a resident, property owned and taxpayer of Sangamon county, Illinois.- That the respondents' place of business is in Sangamon county, and states tho names and addresses of the members of said board. That on April 1, 1900, the companies named i . said petition were corpora tions organized under and by virtue of the laws of Illinois: one of which was a gas company, one a telephone" com pany, ono an electric light company, and each of the others was a street railroad company, and that each of said- companies was located in and had tangible and intangible property in Cook county, Illinois. That the said stato board of equali zation and the members thereof have hitherto neglected, failed and refused to value and assess- the capital stock of said companies as provided by law and still do refuse so to do. "That said board and members intend this year, as last, not to value and assess the cap ital stock of said companies, including tho franchises, upon tho basis of a fair cash value thereof, but intend to value and assess the. same in such manner as to cause them to pay no capital stock tax, and tho intangible property of said company (their franchises, etc.) will escape payment of their propor tion of tho taxes." That by such refusal the property of said companies which will escape tax ation is of. the value of $235,000,000, and that the taxes of relators and other taxpayers of Cook county and the state -would thereby be Increased. The petition concludes by making tho state board of equalization and each member thereof parties defendant and. praying for the writ of mandamus to compel the board to value and as sess tho capital stock, including fran chises, of said companies. The respondents, tho board of equal ization, and each member thereof, with tho exception of Solomon Simon, filed their answer to tho petition in which they admit the existence and location of the companies as set forth in the petition, but object and except to tho averment that all said companies had tangible and intangible property in Cook county on the 1st day of April, 1900, as impertinent, incompetent and immaterial for the reason that under the law the board of equalization and none other is vested with jurisdiction and power to value and assess the cap ital stock of said companies. Said re spondents deny refusal to assess said companies, as charged, and aver that the board was in session and had not completed its work when the petition herein was filed. Further answering, they deny substantially all other ma terial allegations of the petition. Tho sole and separate answer of the respondent Solomon Simon admits ev ery material averment in the petition and states that by resolutions pre sented to tho board and personal solic itation he has sought to have said com panies assessed according to law, but tho board ignored his requests. The averment in tho petition that tho board and the members thereof neglected, failed and refused and still do refuse to value and assess the capi tal stock of said companies, etc., is an essential averment, and must bo sup ported by the proofs. Before relators would bo entitled to the relief prayed for it must appear "that they have a clear, legal right to have tho thing sought by them, done, and in the man ner asked." It must also appear from tho evidence that the board was in de fault. In tho performance of some act which tho law especially enjoins upon it as a duty, or the peremptory writ of mandamus must be refused. Keeping in view, then, this essential averment, and the abovo propositions of law as to the proof required, when mandamus is the remedy invoked, consideration will first be given to some of the facts established by the evidence. The state board of equalization con vened on September 11, 1900, and" had been in session from that date to No-" vember 16 following, with the excep tion of occasional recesses taken for the purpose of committee work. On October 17, at a meeting of tho board, there was read before the board a communication which it had thereto fore received, relating to the capital stock valuations of certain corpora tions in Cook county, and which was as follows: "Oct. 8, 1900. To tho Honorable Mombers of the State Board of Equalization of the State of Illinois, Gentlemen: The undersigned, the tax investigating committee of the Chicago teachers' federation, herewith present to you a memorandum of information, compiled by said committee. We be lieve the information to be correct, and are ready to produce before your! honorable body, or its proper commit tee, evidence to support the statements made. "The twenty-three companies named paid no capital stock tax for last year; we trust they may this year be com pelled to pay what is just. Their cap ital slock and bonds are valued at $268,108,312. The tangible property bt fourteen of theso companies has an assessed value of $5,676,032. The as sessed valuation of the tangible prop erty of the remaining nine- companies