Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1909-06-18
COMMISSIONERS
SHOULD HEED
Cannot Change or
Abate Levy or
Assessment
IMPORTANT TO MINERS
Ruling Just Made by the
Department of the
Interior.

Attorney General Frank W. Clancy
handed down an important opinion to-
day that every county commissioner
should take notice Of, for there are
frequent violations of the law in
question. The following is the let
ter embodying the opinion:
Hon. J. E. Clark, Territorial Superin-
tendent Public Instruction, Santa
Fe, New Mexico.
Dear Sir-I have received from
your office a letter and accompanying
statement from County Superintend-
ent J. P. Barker of Sierra county,
which letter and statement return
herewith for your files. 1t seems that
Mr.. Parker desires specific informa-
ton as to whether county commits
sioners of Sierra county have lawful
authority to order a change or abate-
ment of taxes levied in 1908 for school
district purposes, regularly spread
upon the tax lists of the county.
1t is unnecessary to go into any
consideration of the merits OF the
claim that there should be reduc-
ton in the amount of such school tax
es because portion of the territory
embraced in one district, has since
the levy of the tax, been transferred
to another district, because 1t is
specifically provided by section 5 OF
chapter % of the Laws OF 1888, that
under no circumstances shall the as
sessed value, or levy, or amount be
paid as taxes when once fixed by the
county board of equalization or by
the territorial board of equalization
''be altered, reduced, abated, rebated,
or in any other manner or by any
person or device, be changed by any
board, officer or person, except by di-
rection of a competent court in a
proper proceeding; and any person
or member of any such board violat-
ing the provisions of this section shall
be deemed guilty of a misdemeanor
and upon conviction thereof shall be
fined in a sum not exceeding $780,
It is clear that the county commits
sioners have no lawful power to make
any order of the kind which Mr.
Parker says that the railroad com.
pany has asked If the company has
any right to the reduction it must
apply to the district court to obtain
it. Yours truly,
FRANK w. CLANCY,
Attorney General
Incorporation.
The Osborne-Davis Sheep Company
filed incorporation papers today in
the office of Territorial Secretary
Nathan Jaffa. The capitalization is
100000. The following are the in
corporators and the amount they have
subscribed to the capital stock:
James M. Davis of Roswell, $12,500;
Hugh L. Davis, Of Roswell, $12,500;
Dallas J. Osborne of Denver, $4,000;
Glen M. Weyand of Denver, $4,000
The headquarters are at Roswell, Cha
yes county.
Carey Act Board.
The Carey Act Board consisting Of
Governor Curry, Land Commissioner
Erwin and Territorial Engineer Sulli
van, met this forenoon in the office
sof Governor Curry and considered g
number Of applications under the Ca
lrey act, especially, the application Of
the Charette Lake and Reservoir
Company of Coifax county, for about
5000 acres to be reclaimed on the
Colfax-Mora county lines from the
sOcate river.
Important to Mining Men.
Register Of the Land Office M. r
%Otero and Receiver Fred Muller of the
federal land Office in this city, have re
~ceived the following important ruling
from the department of the interior:
Washington, D. c., June II, 1909.
Registers and Receivers.
Y. .. Land OmceS.
Sirs: The attention of the depart
ment has been called to the last clause
of paragraph Al Of the mining regula
tions, approved March 29, 1909. which
provides as follows:
"The vein or lode must be fully de
scribed, the description to include 8
statement as to the kind and character
of mineral, the extent thereof, whether
ore has been extracted and of what
amount and value and such other facts
-as will support the applicants allega
tion that the claim contains valuable
mineral deposit"
It seems that the expression. "the
extent thereof is being construed as
meaning that the applicant must af
sfirmatively show by proof of explora
stion that the vein exists in fact