The commonwealth of Kentucky brought its several actions against the railroad companies above named as plaintiffs in error, respectively, to recover the amounts of certain taxes levied against each of them, under the provisions of 'An act to prescribe the mode of ascertaining the value of the property of railroad companies for taxation, and for taxing the same,' approved April 3, 1878. Bullitt & F. Gen. St. Ky. 1881, p. 1019. As the validity of this statute is drawn in question in these actions, it is here set out in full, as follows:
'Section 1. Be it enacted by the general assembly of the commonwealth of Kentucky, that the president or chief officer of each railroad company, or other corporation owning a railroad lying in this state, shall, in the month of July in each year, return to the auditor of public accounts of the state, under oath, the total length of such railroad, including the length thereof beyond the limits of the state, and designating its length within this state, and in each county, city, and incorporate town therein, together with the average value per mile thereof, for the purpose of being operated as a carrier of freight and passengers, including engines and cars and a list of the depot grounds and improvements and other real estate of the said company, and the value thereof, and the respective counties, cities, and incorporated towns in which the same are located; that if any of said railroad companies owns or operates a railroad or railroads out of this state, but in connection with its road in this state, the president or chief officer of such company shall only be required to return such proportion of the entire value of all its rolling stock as the number of miles of its railroad in this state bears to the whole number of miles operated by said company in and out of this state.
'Sec. 2. That should any railroad, or part of a line of railroad, in this state be in the hands or under the control of a receiver or other person, by order or decree of any court in this or any other state, it shall be the duty of such receiver or other person to make, under his oath, the returns and valuations required by the first section of this act; and should such president or chief officer of any railroad company, or such receiver, fail to make said returns and valuations on or before the first day of August in each and every year, the said auditor shall proceed and ascertain the facts and values required by this act to be returned, and in such manner and by such means as he may deem best, and at the cost of the company failing to make the returns and values.
'Sec. 3. That the governor of the state, on or before the first day of August, 1878, shall appoint three disinterested freeholders, citizens of this state, who shall constitute a board of equalization, who shall meet annually at the office of the auditor in Frankfort, on the first day of September in each year, a majority present constituting a quorum, for the transaction of business; and at the said meetings the auditor shall lay before them the returns made to him under this act, and any schedules and valuations as he may have made under the second section hereof; and should the valuations, or any of them, in the judgment of said board, be either too high or too low, they shall correct and equalize the same by a proper increase or decrease thereof. Said board shall keep a record of their proceedings, to be signed by each member present at any meeting; and the said board is hereby authorized to examine the books and property of any railroad company to ascertain the value of its property, or to have them examined by any suitable disinterested person, to be appointed by them for that purpose. The members of said board shall hold their office for the term of four years, and shall receive for their services ten dollars per day, and all traveling and other necessary expenses while in actual service provided, that said service shall not be for a longer period of time than twenty days in any one year; and before proceeding to act under their appointment, they shall take an oath before the governor of the state that they will faithfully and impartially perform their duties as members of said board of equalization; and in the case of the death, resignation of either, or failure to act, the governor shall fill the vacancy by another appointment.