The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-03-31


THE MORO StTo A,
siN6o RsEs3 TINE EsoslTl ION OF \.
\ GEORGE g. d SER ON
TtiE ION OF
ID IL N
taEoR GE g. IlR, ESQ
Dear sic: IN ref ference 10 Your posIt
sitien$ on the tax questi Ion desire gtol| |
say that an my opinion there Is much
.tofbe gained abYs the 8ta SpayersS ~ the|
county officials shall adopt your;
valuable sugge ION mad iii the pub
lie prints. The assessors sof5 the
counties in which ] oil and gas have
been found are certainly remiss, and
many thousands y Of dollars have not
been assessed with taxes which!
might have been assessed under the
law as it now. Is, IL
81 Our Supreme Court has decided
that where ID party holds ID lease on
land assfor oil 5and gas purposes upon
| the usual terms and conditions pay
one;eighth Of the \ oil produced sas.
| in&sltu must be regarded las really
| and as remaining the properly Of tile
lessor until brought 10 i the surface
AS u understand 1t An such case the
| oilSand gas can on be assessed ito
| The oWner8of the Zee and cannot be
assessed TO tile owners gofSi the Lease
Also u is decided that the prospSesss
tive production Of $oil from such;
vol cannot he properly charged to|
the lessee, on the personal property;
4 booksSofS The county that Isl the ;o!lll!i
and gas cannot be charged 3 on tho
property books against the lessee.
n ltSllass also been deck elStllatE "a lease,
4 for the purpose Of operating forgoll
and gas for a period and as Smuch
/ long as OIL and gas are din,
lIpayins quantities, vests no present
/ little HI the lessee except only d right
Ito EXPLORE but the title thereto re!
mains mediate VI and contingent on
the finding. But, |. think our tax IS;
SCISSORS have been misled BY these
I decisions. | sdo5not see Why the title
4 to the oil cannot remain vested in
y the owner Of the fee and be assessed
! to the owner Of thessland and still
whatever the value might I be. HeSis
possessed SIof 3Ea right that y yalla
y ble.E 35
Il ii Sec. SO sof the tax law requires Thu
I assessor TO begin annually on the frs
Il day of April and proceed without de
Il layst ascertain all the persons an,
II property, real and personal, on thu
i day subject Ito taxation. And sth
State constitution provides that al
propertysboth real and personal sha]
be taxed In proportion to Its Syalu,
Il Now what is property? Bowl r's La,
Dictionary defines property thus
q sThes right and Sinterest which q ma
81 has sinslands and chattels y And wiit
"A is$an3oil and gas lease but q right an
81 interest which ITS Owner has In land
N and chattel And what SIS mn .
Ss and gas leasesb but d highland si1terel
(which Its owner has in lands an
"A chattelsg ~ IS; the efore real Oh IRE
sonal property, let the title to theso
and gas yestSwhenS q will d sleas
81 be for a period Of years or as mus
longer as oil and gas Is found sin pa
ing quantities; the oil $and gas a
siE} realty,5While Stns stu and the prospe
~ tive production cannot be charge
nd against the lessee on the person
I, property books, but ! am OF esopi
!, lon that $still the leasehold Great,
81 blythe lease lin the language OFF, 4
"a \ law,Sis right and interest in Ian
and ,chattels, and as such It as "a
able.$ Is not a9 leasehold thus Great
VI just as much property as a clalm$f
~ unpaid purchase money reserved
y lien aon land Such claim thou
s the legal title Us retained as seclrl
~ Is mot real estate, nevertheless A
"a. claimSis property. 1t isSa nrlghtsa
interest In lands and chattels,s and;
eoi therefore assessed rs property
60 The statute eqtiires that "eall il
sonal property belonging to- perst
F7 residing In this State; whetherSsu
W property 70 he In or out OF the sta
and all personal propertYin the Sta
shall ,beIent tered In the perso nal Fpr
w 522 Iertys book and subject TO equal5a
uniform taxation, ,lnles expres
exempted by Law. q I md such lea
III holds are not! expressly exempted
sis Laws 81 ss
3s$ IL Isl true that IA u lease for tho b
pose 81 operating for oil and gas;
a period of Ave years, and so mi