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PUBLISHED IN THE GREATEST MIMIBIG EEGIOM IW TOE WOELD;
THE -PIOCIHIE RECORD ' VOL. LIX PIOCHE, NEVADA SATURDAY, MAY 15, 1909. No. 33 Repo rt of Jais t Haley ml as to HI lire Doing. In the future It will be possible to ascertain with a reasonable de gree of certainty, what the state of Nevada does each yesr in ths wa; of mineral production, through the cf fice of the state license and bullion tax collector. A step in that direction has been taken by James F. Haley, the pres ent incubnt of that office, as lo cated by the fololwing interesting report and in which it is shown that the wealth of the worU was increased by Nevada mines m 1903 by over $14,000,000. Mr. Haley's com munication, which was recently sub mitted to Governor Dickerson, con tains the following: "I have the honor to herewith sub mit my report , as State License and Bullion Tax Agent, showing the con dition of tl;e - license fcouices for the quarter ending March 31, 1909, to gether with a statement showing the condition of the bullion tax sources for the quarter ending December, 31, 1908. The report also contains a detailed statement showing the out put of the mines of Nevada togeth er with the amount of bullion tax collected during the year 1908. "Because the manner of collecting the bullion tax, prescribed by law returns for each quarter are not re ceived until the quarter following that upon which the bullion tax becames due. For this reason the records of both the counties and state are threeJ months behind and the full report for the last year, for this 'reason, could not becompleted before now. "Conditions as to the license sources were found in good condition as far as examined by this office. 4 . VISITED VARIOUS COUNTIES. "During the last quarter the prin cipal county seats of the state were visited, and the records personally ex amined. Reports were secured from every county. This office instituted one investigation as to the bulion tax in Humboldt county, which is still in progress and has made preliminary , plans for a series of investigations, which, it is to be' hoped, will result in an increased amount of revenue for the state during the present year. ."It is to be regretted that the-state has not made a better showing for the closing quarter cf last year in the amount of bullion tax collected. However, only a few. instaucea vox's there any evidence of lack of interest on the part of the officials in 'secur ing returns from every person or company subject .to the bullion tax. "In Churchill county Assessor Wlght- man has taken this work-in earnest and is making every effort to secure reports from operators who have been negligent in this matter, and with some success; . ' NO RECORD IN1 ELKO. "Elko county during the last quarter of 1908 showed no record of mining properties being operated. The min-J eral output of that county last year was $92,834. Against this an expense account of more than $118,00,0 was sworn in, with the result that Elko did not pay any bullion tax during the last year. The matter was not looked upon as of much importance in Elko county. This is probably the rea son for this unpromising showing. "Your attention is respectfully called to the report of the bullion tax source of Esmeralda county for the year ending December 31, 1908. The coun ty ranked second in the amount of amount of bullion tax collected. The second quarter of 1908 showed more than twice the amount of bullion pro duced and bullion tax collected as that of the first three months of 1908. The following quarter again doubled in th? amount of ore produced and the amount of bullion tax collected. The collection of bullion tax for the final quarter of 1908, as stated, was not made until during the first three months of the present year. The figures for the quarter ending Sep tember 30, 1908, showed the amount vi bu lion tax collected as $31,321.04. For the quarter ending "December 31, 1908, the figure dropped to the start-, lingly low amount of $7,155.73. In vestigation shows that the final quar ter cf last -year was as active, if not more so, in a mining way, than any of the previous quarters of last year in Esmeralda county. From first place as a bullion tax payer, Esmer alda county dropped to second place. The attention of officers of Esmer alda county has been called to this un satisfactory showing, with the result, it is to be hoped that the first quar ter of tFie present year will again see Esmeralda county collecting a much greater amount of bullion tax. EUREKA MAKES GAINS. "In Eureka county the reports show a steady Increase for each of the four quarters of last year. The im mense tonnage of ore in that coun ty is offset by Che low grade quality. With a bullion production of approxi mately $750,000, , the bullion tax amountd to about $600. This- is. ex plained by the heavy cost attached to handling this output. It is the be lief of this office that-tne-TrfflfMIs of Eureka county are using every ef fort to see that the revenue sources of both the state and county are be. ing cared for as regards the bullion tax, as well as the license sources. "Humboldt county, I regret to report has been to say the least, very negli gent in the matter of collecting the bullion tax during the year ending De cember 31; 1908. Heralded to the world as one of the greatest mining sections in Nevada, with mining prop erties in full operation in many sec tions of that county the total amount of bullion tax collected there during the entire year was $133.65. This amount, I would emphasize upon you, was collected only after this office had officially called attention in two reports to the neglect and then made a special visit to Humboldt county to begin proceedings against offending companies. This decision was altered upon the promise of the officials to take summary action and begin prose cutions if necessary. The result was in a total tax of $133.65. In the case of this company 'arbitrarily assessed, this office presented evidence and still has this evidence in its possess ion showing an output for the year of more than ,.$90,000. The officials (Continued On Page Seven.) PIOCHE METALS GOING , TO SHIP SOME ORE. The Piocbe Metal Mining company is makin? splendicT progress towards making a big mine out, of tha Point property. Developments of a most, encourag ing character have been made recent ly and from Superintendent Thomas G. Hooper, it has been learned, prep arations are being made to ship a car of high grade silver-lead ore, which was encountered during the regular progress of development. The ship ment will probably go out sometime next week John A. Kirby and Joseph S. Free visited the Point a few days ago and both expressed satisfartion over con ditions The management has ordered a Fair banks, Morse & Co., gaso ine hoisting engine, which has been shipped, and plans have been made for a more vig orous campaign than even ATfORNEY GENERAL'S of State's Legal De partment Issues Circu lar on New Min ing Law. . In order to'set the ' public clear as to certain features o the new mining law enacted by the late legislature, Attorney General Stoddard ha3 ad- dressed a circular letter to the var . 911! ious district attorneys in the state.' RE-ISSUE OF STOCK. It has been the opinion of some tha The next querry: ' stock issued prior to the date when ; ia it necessary that stock issued the law became effective would not prior to April 15, 1909, be stamped or have to be designated as "treasury" designated 'treasury' or 'promotes' or "promotion" stock when presented stock when the certificates are Bubs for transfer. The attorney general, ' quently surrendered for transfer or to however, does not taka this view and be 'cut up' into smaller blocks? gives his reasons. He also touches The language of Section "6 of the on the matter of issuing semi-annual act is as follows: reports by mining . companies. The circular contains the following: To the District Attorneys cf the sev eral counties of the State of Nev- a a. j . .4, ,.Gentlfcnien; an inquiries regard l.ing the construction of certain por- tions of what is properly known as stock upon which certificate is the "wildcat" bill passed by the leg- not stamped or printed the words islature of 1909 (Statutes, page 62) 'Treasury Stock,' etc. are being received by this office,! The act pronlbit3 the issuance of therefore in order that you may be certificates unless such certificates adv teed as to the views entertained are stamped or otherwise designat by this office regarding the construe- ed as therein required. To "issue" tion of those portions of this act as defined by lexicographers, signi which seem to be ambiguous, I beg fies to send out; t0 put lat0 circu. leave to submit the following con- lation. elusions': . . - ! Instead of the word "certificate" The purpose of the act is to re- f the word .snares" or "stock" had qmre hiining corporations' owing, been used then this section womd working and developing mining prop- Tiot require certificates . representing erty within the state, and selling cr stock theretofore "issued" when pre offering for sa.e any of its shares of , 8ented for transfer to be so marked stock, to furnish certain information , w the legislature ha - -'inintrii as to its affairs and general eondi- used the word "certificate" and tion for the use of the public, and al- j has not recognized the inconvenience so to classify, so far as possible, j or hardship that may be incurred by the kinds of stock , usually issued , the character erf the early issues of by-such corporations and to require stock in ordtr that when such cer the saine to be designated' as "treas- tificates are surrendered for trans ury" or "promotion" stock, as such fer after Aorll K, 1M9 hr ow stock , is therein defmed, in order , ones are "issued" they may be prop to prevent and discourage the issue erly marked; however, I am of the and sale of shares of stock in alleged opinion that such isahe case, as the 'mining corporations" formed and statute in direct terms prhibits the is promoted solely for stock selling pur- issuance of certificates representing poses, and not owning or possessing one or more shares of stock in min actual or prospective- mineral rights ! lng corporations "owning, leasing or property, sufficient, to warrant the j working or drtveiopin" mining prop innocent purchaser of stock to invest e,-ty within this state and selling or his good money with the expecta- offering for sale acy of its stock or tion of acquiring anything of value. shares therein, unless such certificate A STRIDE FORWARD. ; designate the c'.ass of stock they rep- Legis'ation upon any new subject' resmt as defined ly said act. is invariably- defective ir some res-; Yours truly, port and this statute is no exception, but, it is al.nost universally conced- ed that this act is a giant'stride to-! ward the protection of the mining company operating and selling stock ! in good faith as well as- the stock j investing public, and that with few i miner amendments it will accomplish the goo l . purpose for which it was intended. TO BE PUBLISHED IN 1910. Section one of the act requires j and who is one of the largest, share certain statements to be filed with 'holders in the property, thought it the county recorder and attorney gen-1 best to let the mine lie idle awhile eral. There is a diversity of opin-j under the circumstanf-es. , ion a3' to whether these statements The California has certainly had a are required to be filed this year, j bad streak of luck. Its neighbor, the J909, or next year 1910, that portion Pioche Pacific, is considerably deep of the section relating to the time of er with its shaft, yet the mine is per illing being as follows: ' fectly dry. "Every corporation owning ! and selling or offering for sale : any of its shares of capital stock shall, during the months of June 4nd November of each calendar year : hereafter.file," etc. j If the word "hereafter" were omit . ted, this question would, of course, j not arise, but it being an elementary i rule of statutory construction that I every word in a statute means some thing and must be given effect, the j word "hereafter" having for its ante- cedpnts the words "calendar year" it cannot be said that the legislature meant June and November hereafter, (that is June and November, 1909) else it would have omitted the word "calendar" or used other approprate language in expressing such an in- , tent. The word "calendar" used in j the above sense is defined by the ' authoraties as meaning j "the established order of the divis- : in of time into years, months, weeks ' and days." ! Words and Phrases Judicially De fined. j E ack's Law Dictionary, etc. The act became effective March 5, 1909. It says that certain statements shall be filed, etc., during the months of June and November of each "calen- dar" year hereafter. . From and after April 15, 1909, it shall be unlawful for any corporation, or any officer .agent or director there of, owning or developing any min ing property in this state, to issue - .vany wnlt-wi or. ,j;Jjuad--cttk'ic&U rep-4 resenting one or more shares of its It. C. STODDARD, Attorney Gent ra1. WATER GETQ BST OF CALIFORNIA PIOCHE. The management of Uie California Pioche has closed down its mine on j account of water running the men out 1 of the shaft. H. W. Rand of Portland, i Ore., who was here a few days ago HOI I PIOCHE KING SHAFT Strike Creates fch !a Camp-Mine Is Ccr tainlf Proving to Be inner. The talk of the camp t'ais week was the striking of ore in the big double compartment shaft at the oche King mine. While President Kirby, in his us ual conservative way, declared that the new development is noth ing to get overly excited about; at the same time, he could not conceal the fact that he looks upon the late development with a good deal of significance." "It is a good indication," and that is about all he would say. Nevertheles, the strike at the Pi oche King has stirred up Pioche as nothing else has done in a long time. Pioche King is unquestionably one of the future big producers of this camp and development has already begua - to -ehow-Jt The- ore was encountered at a depth of 184 feet in the shaft; it consists of a body of manganese, shot full of lead. The ore appears to lie in a bedded fissure probably a shoot from the main body of mineral. The domains of the Pioche King almost completely surround the Prince Consolidated and it is diffi cult to understand how it can escape developing into a big proposition. Mr. Kirby has let another contract to Mr. Frederick which will carry the shaft to 300 feet depth. WILD SECURES OPTION ON NEVADA HILLS George Wingfield and eastern asso ciates have taken an option on 600,. 000 shares of the stock of the Nev ada Hills Mining company at Fair view, Nevada, at $1.25 a share; says the Goldfield News. This is the pro motion stock which had been pooled and deposited in Salt Lake at the time the company was organized. The deal involves $750,000. The mine'. will be consolidated with the Fairview Ea gle, Its neighbor, and a large mill erected. Mr. Wingfield has for sometime had experts at work making an ex amination of the Nevada-Hills prop erty, and their preliminary report was so- satisfactory that the option was ne gotiated. The stock under option was held by W. V. Rice of Salt Lake, presi dent of the Nevada Hills Mining com pany; James R. Davis, ice presi dent; W. II. Clark of Salt Lake, secretary and treasurer; and James Farrell, John A. Kirby, J. T. Hod son and W. II. Webber, directors. There are about 746,000 shares out standing, with about 254,000 shares in the treasury. This option contin ues until June 9. Salt Lake Man Here. N. W. Clayton, prominent business man and capitalist of Salt Lake, is iti camp. He is intreested in the Ohio Kentucky and Prince Consolidated mines.