New York Paper - Principles of Mining Taxation (with Discussion)

The object of taxation is the raising of a revenue. Unless a tax accomplishes this, it is a failure. The right to take for public purposes a part of the moneys obtained from the carrying on of private enterprises is an attribute possessed only by a lawful government, and may indeed be called the supreme attribute of government. In free, democratic communities this power must of necessity rest upon the consent of the governed. Power implies obligation, hence it is obviously the duty of a government, in framing a system of taxation, to provide one which, while effective in producing a revenue, is also just and impartial. • It will be conceded that mines and mining property ought to bear a fair share of the public expenditure. The question is, upon what basis taxation should proceed. Two separate taxing principles are usually contended for: Taxation should be proportionate to the benefits received by the person or property taxed; taxation should be based on ability to pay. A third is sometimes added, taxation should have reference to the extent and value of the natural resources enjoyed. As applied to mining taxation, it is pointed out by those who support the fist mentioned basis that, mines being usually situated in rocky and hence sparsely peopled regions, mining companies are frequently obliged to construct roads, railways, telegraph and telephone lines, schools, water and sewerage systems, and many other amenities and conveniencea of civilization the cost of which in regions better suited for agriculture, and consequently more thickly populated, has either been defrayed locally, or can be spread over a sufficiently large taxable group of people to materially lighten the financial burden on the mine. The mining company, it is argued, having made these outlays, should receive credit for them and be relieved of taxation to a corresponding extent. There may be some force in this contention, but the situation is capable of relief without attempting to place taxation upon so unworkable a basis as the value of benefits received. Who is to be the judge of these benefits, and how are they to be valued? The very existence of a mining company and its ability to carry on business in peace and security depeind on the prevalence of law and order, which is a result of good government. The state provides protection against violence, and courts of law for