Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-03-09

WdS against lte dlleIHdllNe pIbNl9
lens embodied in the committee
substitute to house bill 100. We
told the governor that we would
prepare such amendments to sec
ton sos of the committee substi-
tute bill as would, in our opinion,
; embody this point of view and be
, adequate to meet the situation.
Sections and 10 of the commit
tee substitute as drafted in the
, printed law read as follows:
900 The commission may, IN
, any particular year, determine the
ad valorem value of the mineral
in all productive mineral proper
ties falling in any one of the two
classes enumerated in subsection
(2) hereof, with their respected al
located reserves, by appraisal
thereof. In such case, the commits
sion shall use all factors and ele-
ments which reasonably enter In
and are necessary to determine
such value, and the commission
Ishall make specific findings of facts
in writing, setting out in detail the
factors, elements and methods of
calculation used in determining
; the value of each specific produce
tive mineral property, Such find
ings shall be preserved in the Off
cial records of the commission and
certified copies thereof shall be
furnished to the taxpayers on re-
quest.
"G0) The commission may in
any particular year, determine such
average annual output value, being
; the market value of such average
annual output, less the deductions
provided for in subsection here
of, to be the ad Valorem value OF
the mineral in all productive min
! eral properties, and the respective
oserves allocated thereto, falling
in any one of the two classes
enumerated in subsection here
of for the purpose of taxation for
such year,
Proposed Redraft.
Accordingly, we redrafted these
, two section and our proposal was
that they read as follows:
900 The commission. shall, be-
ginning with the year 1922, deter
. mine the ad valorem value of the
! mineral in all productive proper
ties except gas and oil wells with
their respective allocated reserves,
by appraisal thereof. In such case
1 the commission shall use all fac
tors and elements which, in the
judgment of the commission, rea-
1 sonably enter in and are necessary
to determine such value, and the
commission SHALL" etc.
The rest of the paragraph re-
2 mains the same as in the original
l draft. Personally l am very
2 strongly in favor of eliminating all
! the rest of the paragraph-that is,
l all of the paragraph after the
1 words 'to determine such value. -.
I 1t seems to me that the specifica-
4 tons provided for in the latter part
- of section as now written would,
d in view of the Bond-Dillon case,
n recently decided by the supreme
a court, place mining property in a
e distinctly advantageous position as
! compared with other classes of
1 property. Sub section 10 is amend
: ed according to our proposal so as
I to read as follows;
, THE commission shall, for the
= !year 1921, determine such average
annual output value, -"
And so on, the rest of the para
graph remaining as in the original
draft. 1t is understood that the
average annual output for the year
1921 as 50 determined, is to be the
average annual output over the
years 1916, 1917, 1918, 1919 and
1920, as already provided for in
Ianother section of the law.
Further Amendment.
In order to complete the matter,
section IL of the committee sub
stitute at line 16 should be amend
ed by inserting after the words
"for such year of" the words "all
gas and oil wells and so that the
first sentence of subsection Il
shall read as follows:
"G2) The commission shall in
each year determine such average
annual output value, being the
market value of such average an
nual output less the deduction pro-
vided for in subsection hereof,
to be the taxable value for such
year of all gas and oil wells and
all properties falling in classes
and enumerated in such Sec
ton 2 hereof"
Subsection of section sos
should also be amended by elimi-
mating the words "in commercial
workable quantities" on line 20 of
! the printed bill.
A Test of Good Faith.
After these proposed changes in
the draft were presented to you,
we understood that you would be
Favorable to them, provided that
there should, be added to these
lnrnnnCad oh
sion that after 1922, the alterna-
tive methods as specified in the
present draft should prevail and
be applicable for years subsequent
Ito 1922. Your opinion was, as
: understand it, general meeting
of minds might be reached, provid-
ing all these changes were agreed
to. However, it now appears to
me certain that the mining in
! terests are absolutely against any
1 concession which will concede the
principal of the ad valorem
= method unqualifiedly even for one
, lyear. There is no, reason why, if
! they are acting in good faith, they
! should not accede to the arrange
! ment proposed by us in our confer
ence with the governor on Sunday
, morning. This arrangement there
! proposed was. of course, absolutely
!, contingent upon a sufficient ap-
:, preparation being included in the
!, appropriation bill to insure a
proper appraisement by the Tax
a Commission. / understand that an
! appropriation of $4,000 year for
two years has been included in
the appropriation bill for that pur-
pose.
/ In view of the fact that if the
ad valorem system, after being
C fully triedIout for the year 1922,
5 should not prove satisfactory to