New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-11
MR.. FIERO'S APPOINTMENT.
MADE COUNSEL FOR STATE TAX CON-
MIssIONERS-rO DETERMINE sYs-
TEN OF ESTIMATING FRAN
CHISE VALUES.

CHISE VALUES.
Albany. July 10 (SpeciaD.--It was announced
to-day by Attorney General Davies that al the
request OF the State Tax Commissioners he had
designated ]. Newton Fiero. Of Albany. TO pre-
pare a system OF determining the value OF pub
lie franchises owned by corporations. 1t was
only after a critical examination OF the
Franchise Tax act that the State Tax Commits
sioners solicited the Attorney Generals cooper
alton. The examination indicated possible con-
fct at once with corporations, and that neces-
sary the Attorney General would have 10 ap
pear and represent the State II was felt there
fore that 1t would be good policy to have the
Attorney General Office Immediately in posses
sion Of all the documents and information bear
ing upon the effort Of the Tax Commissioners 10
enforce the law.
Attorney General Davies Il was stated had
selected Mr. Fiero because Of his experience with
taxation laws For several years he has been
the counsel Of the Tax Commissioners in special
cases. and has. in fact, been their legal adviser
since 1895. when they made investigation OF
the methods pursued by local assessors in fixing
valuations. which resulted in such large in
crease in the total amount OF the valuations Of
real and personal property in the sixty counties
Of the State Mr.. Fiero was also the Attorney
Generals representative before the courts when
the Antitrust law OF 1897 was tested and found
to be unconstitutional.
HIS REPORT EXPECTED IN AUGUST.
Tax Commissioner Heermance said to-day;
We already know that when seek to en-
force the Franchise Tax act its constitutonalty
will he tested in the courts and that the Attor-
ney General will be called upon TO defend our
actions In order that We might work in unison
- tsv1or p rf11 he
Of franchises which he would approve We asked
him 10 designate counsel, and he selected MT
Fiero. Mr. Fiero will give this subject Of the
enforcement Of the Franchise Tax act his en-
tire attention FOR the next month. and he hopes
by the middle OF August to frame a report on
proper system Of estimating the value Of fran
chse which will receive our approval This re-
port we shall submit to Governor Roosevelt for
his consideration. Mr. Fiero is peculiarly fitted
by experience for this work and better quail
flied man I do not think could have been Sc
lected. not saying anything in relation TO what
method of estimating the value Of franchises
we shall adopt II would he premature to dis
cuss that subject I will say, however. that
believe we will be able TO formulate method
of liking the franchise valuations which VIII
stand every test before the courts
Mr.. Fiero said this afternoon: Il cannot
speak without reserve on the work before me
lust now since l have just been appointed as
counsel and, frankly. have not examined INTO
franchise tax questions sufficiently TO form any
oninions I have begun what I intend shall be
an exhaustive study OF the new law and OF the
laws of other States in which franchises are
in any way taxed, and Of the methods employeu
10 enforce them. This must be done before we
can safely form any plan for putting the new
law INTO action. II will take several weeks 70
dispose OF the matter. but think we Will nave
our report ready when Governor hooseVeit 10
at liberty 70 consider IT. -..-
The severe illness Of Senator stranahan Is
preventing the legislative Joint Committee on
TaxatIon which will consider the Franchise Tax
act and may amend II. from getting to work