VOL. V.
SUMPTER, OREGON, OCTOBER afi, 1905.
NO. 7.
ATTORNEY TALKS
ABOUT EDDY LAW
Mr. Breen, of Omaha, Says
. It is Unconstitu
tional. -
John P. Breen, a prominent
attorney of Omaha, and treasurer of
tho Psycho company, who in now in
tho city on mlniug matters, takes a
decided stand against the con
stitutionality of the Eddy Corpora
tion Ihw. Ho says:
"It seems to mo that tho method
provided by the so-called Eddy bill
passed by your last legislature fo? the
taxation of tho capital stock of
mining aud other corporations is
unconstitutional. Like most of tho
states, your stato constitution
provides in Son. 1, Article 0. that
your legislature shall by law provide
for uniform und equal ratos of of
assessment and taxation aud ahull
presoribo such regulations as shall
secure a just valuation for taxation
of all proporty.
"Manifestly a just valuation of tho
stock of corporations, particularly
of mining corporation companies,
is not obtaiuod by fixing au arbitrary
amount per thousand on the par or
face value of tho stock. 1 apprehend
that iustauoes may bo cited in this
district whore tho isused capital
stock of a mining company, capital.
ized for 8100,000 is not worth as a
fair cash or real value above ton
cents on tho dollar, aud yot this law
llxos tho assesssahle value of that
stook at 8100,000, or par value. Ou
tho other hand casos may be found,
no doubt here whore tho stook of a
company, capltilized for 8100,000.
is worth at its fair market or real
value, much above its face or par
value, yet uuder this law for taxa
tion purposes Its assessable valuo is
just 8100,000.
"As between these two corpora
tions of tho same class or kind the
law does not attain that uniform'
aud equal taxation or assessment,
wbioh tho constitution of your stato
cninniHuds. It may bo that uuder
this constitutional provision your
legislature has tho right to classify
property for the purposo of taxa
tion. Hut even so witblu the class
specified regard must be given to
just, equal aud uniform values.
This poiut was expressly decided
in your state iu Kills vs. Frazier,
118 Oregon 402, where an act of of
your legislatuie imposing a tax of
81.25 on all bicycles regardless of
valuo was held to be iubibitlve by
this constitutional provision aud j
void.
"Then as compared with other
species of property taxed it seems
to me that the capital stook of a
corporation, mining or otherwise,
must be adjusted and equalized; that
is, both kinds must bo assessed
according to their real values. It
does not matter, I think, that this
law denominates this assessment on
the stook a license; for there is
really a titx pure and simple upon
the capital stock of the corporation
for revenue.
"It cannot be unstained on the
ground that it falls within tho
police power of the stato laws and
it cannot, I think, be upheld upon
tho thoory that it is a condition
upon which special privileges
tho exercise of fraucbise rights are
granted by tho state. Clearly it
cannot bo Imposed on the lust ground
as to corporations formed before
tho euaotmont of tho law.
"Equal protection of its laws to
every person real or artificial within
ita jurisdiction it commaudod from
every stato by tho Federal constitu
tion and when it comes to taxing
property, a corporation has tho sumo
rights us individuals huvo.
BLUE BIRD MILL
NOW UNDER WAY.
O. C. Wright, prosidont and
gouornl mauager of tho liluo Bird
company, camo iu last night from the
proporty, where he was looking after
work portaiuing to tho installation
of the 100-ton concentrating plant.
Tho ooucroto foundation. Mr. Wright
states, has beou oompletod and tho
framing for the buildings is under
way. Practically ull tho lumber aud
other raw material aro on tho ground,
aud tho present intention is to huvo
tho buildings up within tho next
thirty days. Tho greater portion of
the machinery has been sont out to
the niiuo aud tho rout will follow
within the next few days.
Millwright Potter, of Maker City,
has chargo of tho construction of tho
plant and the Installation of tho
machinery. With tho rompletiun
of tho llluo liird mill another first
class rod net I on plant will huvo beou
added to tho district.
A SHIPMENT FROM CHLORIDE.
A good shipment of oro for tho
Sumpter Sampling aud Testing Works
camo iu yesterday from tho Chloride
Iu tho Ureeuboru district. This
proportyVwill ship hero right along,
but the instructions aro not to treat
tho ore uutil a. considerable supply
is on band.
. The Sampling Works Is proving
a great benefit to many operators of
the district, who have embraced this
means of securing funds for continu
ing development at their properties.
The business of the new cnuceru is
rapidly increasing, and tne indica
tions are that a trade will soon be
established which will glvo it all the
ores It can handle.
HIGH VALUES CONTINUE
AT TABOR FRACTION.
Albert (ielser and Captain Thatcher,
of Colorado, came iu last night from
the Tabor fraoion brlulgng with
them somo samples of the rich ore
now being taken from tho shaft. Tho
rook Is simply shot full of tho yellow
aud from its appoarauce doubtlss
carries pheuomonolly high values.
Whilo on au average, Mr. Uolsor
states fifty tons of this rich stuff aro
bolng sacked, yesterday 100 tons
woro handled. Preparations aro
being made to sond another
shipment to the Tacoma smelter. The
shaft is now down sovouty feet and
tho pay shoot had within tho last
twenty-five feet strengthened from
about tweuty iuchos to threo foot
Throe feet of tho kind of oro
now belug taken out Is within itsolf
u mighty big proposition.
A 600D PROPERTY.
Manager Mailman of the California,
Is In receipt of information from tho
Dixie Extension which is controlled
by hlniHolf and Charles Thomas, tho
Fairbanks Mortto man, to tho effect
that tho ledge has been broken into
from tho hanging wall aud crosscut
u distance of nine foot In 810 ore.
This property abuts ou tho end
Hues of tho Dixie Meadows, and
the work being dono is ou tho sumo
lead which shows u width of llfty
fcot, carrying excel lent values on tho
latter property, aud there is every
rouson to believe that tho sumo vein
width and tho same high valuos will
bo shown. A short distance above
ou the foot wall of tho Dixie Madows
vein, oro currying average vulucs of
81100 wore uucouuteied, aud Messrs.
Ilollinau and Thomas believe that
thoy will strike it equally rich.
Mr. Hellnian will leave for the
property tomorrow to look after de
velopment work.
CAPTAIN THATCHER VISITS
BEAR GULCH PROPERTY.
Captain (J. W. Thatcher, tho Colo
rado mining man and commissioner-in-chief
of the St. Louis expoHltlou
commission for Colorado, went out
today with W. Wade, one of the
owners of tho Hear (iulch, to huvo a
look at that property.
Cuptuiu Thatcher Is here to inves
tigate tho mining situation and what
ho has soon loads him to conclude
that the possibilities are grout. Yes
terday with Al Ciefler ho wont up to
see the Tabor Fraction, and ho
thinks this mine somothlug immense.
He brought buck a lot of the rich'
ore as specimeus.
OWNED FIRST
PATENTED CLAIM.
Story of Horace Worcester,
Who Suicided in
Portland.
Horace Worcester, the aged minor
who committed suicide iu a Portland
ulmshouvo a few days ago was well
known among tho older mining mon
of this district. At tho time of bin
death ho had in his possession tho
first quartz claim ever patented In
tho state of Oregon. This claim la
located on (Irunlto creek, not far
from tho Magnolia aud was worked
by Mr. Worcester, employing an
arustra, uBfar backus the early '70'h.
Lufo Farmer, the well known min
ing man, was Intimately acquainted
with Worcester. Jlo sayH.'
"I know Horace Worcester well.
Ho whs it man of quiet and reserved
habits, anil was well liked among
his acquaintances. Why ho should
commit suicide, is a strungo
circumstance. Ho worked IiIh claim
years ago, and I was under tho
impression that ho had accumulated
somo money. Ills brother Julius)
Worcester, camo from tho east several
years ago. Ho was employed at tho
Oolcoudu last winter."
A prominent mine operator horn
desiring to secure Mr. Worcester's
claim wrote to him hint winter
asking him on what terms it could bo
acquired. Ills reply was unique.
Ho said that his price whs 85,000
but. ho realized (lie fact Hint it was
not worth that much, that It was
more than ho himself would bo
willing to give. From tho trend of
his letter It was inferred that ho
really did not want to part with tho
property. Ho Mild that ho was then
enjoying tho best homo he had over
known, during his long yeais of toll
and weary prospecting; Unit if ho
sold, and received the money ho
would have to leave the poor houso
and again tuku up his buttle with tho
world. Thin at his time of life ho
did not feel like doing, hence ho
discouraged the sale.
The property iu question is said to
poHHCHH merit, hut owing to its long
period of idleness, the workings have
tumbled In and It is in 11 sad statu
of repair.
REVERBERATORY FURNACE.
.Manager llellinan states that tint
repairing of the California tramway
has been completed and that tho
reverberating fnnace is well under
way. Tho framing for the build
ing Is up aud work is being hur
ried right along.