MR. JUSTICE McREYNOLDS delivered the opinion of the court.
Petitioner is a national bank located at Gulfport, Harrison County, Mississippi. The State Revenue Agent instructed the Tax Collector for that County as follows:
"The following described property, in said County, to-wit: Capital Stock, surplus, undivided profits, and any and all other property properly assessable to banks, amounting to $75,150, belonging to and owned by First National Bank of Gulfport has escaped taxation during each of the years 1902, 1903, 1904, 1905, 1906 and 1907, by reason of not being assessed.
"You are by virtue of the Annotated Code of Mississippi of 1906, Chapter 131, Sec. 4740, now notified and required to, within ten days hereafter, make the proper assessment of said property by way of an additional assessment, on the roll or tax list in your hands, and to give ten days' notice in writing to said First National Bank whose property is so assessed, and also notify in writing the Board of Supervisors of said County, of said assessment."
In obedience to this instruction, the Collector entered upon the rolls of his office an assessment to the Bank in these words — "Amount of all other personal property not otherwise mentioned, $174,000.00."
Objection was duly offered upon the ground that the corporation was assessed and not the stockholders as required by § 5219, Revised Statutes of the United States. The Harrison County Circuit Court overruled this and directed the Board of Supervisors:
The Supreme Court of the State approved this judgment. See State Revenue Agent v. Bank, 108 Miss. 346; Adams v. First National Bank of Gulfport, 116 Miss. 450; First National Bank of Gulfport v. Adams, 123 Miss. 279.
Where the validity of an assessment by officers of the State is properly challenged, and the matter comes here, this court must determine the effect of the thing actually done. What might have been done under the local statute is not controlling. We think it clear that the assessment in the present case was against the corporation and beyond the power of the State definitely delimited by § 5219.
The judgment of the court below must be reversed and the cause remanded for further proceedings not inconsistent with this opinion.
MR. JUSTICE CLARKE took no part in the consideration or decision of this cause.