The people's voice., 1947-01-17
A Real Tax Source

passed initiative No. 2S which suppanted the cens
the of meaerous popular
lily known by the title of "Meta Mines Tax Under this
the metaferous mine operators gros
proceeds OF their ne with the values of the ores based
the quotations of of such metals prod
ucts the City of New York evidenced established
authority market report the market reports during
the calendar Immediately preceding One of these
market reports considered authoritative in quotations of price
the Engineering and Mining Journal of New York.
1t expected that the passage of this by popular
vote would eliminate for all controversies which
stanty arose over the proper items of expense which the oper
ators should be allowed deductions the proceeds
tax However this found to be over-optmsc
sion and did not take into consideration the influence of the
Anaconda Copper Mining Company the State Board of
Equalization and finally on majority of the Montana SUI
preme Court.
The State Board of Equalization found have been
granting the Anaconda Copper Mining Company other
dfferenta the market quotations.
the grounds that nequab fix the price of the
ceeo OF ne mines montana on the oasis OF the market quota
tions New York. for taxation purposes SO April 2
of taxpayers applied to the State Supreme
write OF mandate to compel the State Board of Equalization to
review the reports of the metal mine operators the filed
during the 1925 to 1881 and the mine
products
The brought found that the State
Board OF Equalization had assumed authority grant certain
ferentas fixing the value for taxation purposes though
the law appeared be clearly prohbtve assump
ton of authority the English language could make it. The
Act provided that the returns dollars shall
be without deductions for of smeng
otherwise, emphas ous) based upon the
age quotations OF the price OF such metals mineral products
in the City of New York..
majority Of the July T. 1882, in effect
the value of the metals The majority
Equalization had nebuous authority which superseded
the provisions of the act passed by the people and
raned allowing dfferenia despite the wording
ed above AS presumably the people of the and
perhaps relief to their consciences the majority of
the directed the State Board Equalization accept
crude and refined oxide taxable which
the Board had previously generously refused do.
In strong dissenting opinion written by Associate
tce Angsman and concurred by Governor Ford then
socate justice of the court attention called
officially to the law already quoted above and that
the Act whole simply recognizes but market price
viz the New York price regardless of the place Of SALE
The dissenting opinion calls attention to the crcun
prova dsapprova the members of the Board of Equaza
on at that time well the Anaconda Copper Mining
Company construed the Act allowing deductions whatso
from the New York price,.
We recommend that Governor Ford take steps, that
the legislature in session. with strong majority of his
political party control to get whatever amendments may
needed the Act to make it the of
the extent that he asserted should when he
member Of the To the ayman who reads the
law appears to be example of clarity it's provisions
Perhaps the Governor suggest to the legislature
of compelling the State Board of Equalization to follow
the law enacted and interpreted by him in the dissenting
opinion.
estimated at the time the action against the State
Board of Equalization started 1892 that the state board
that tme through generosity and without authority
the law governing the assessments which had made
saved the poor Anaconda Copper Mining Company
half million dollars. The law had only been operation then
about IA have elapsed then
the annual savings provided for the ACM by