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a '781;
Honorable Bascom Giles, Commissioner, Page 4 paid by the smelter. A computation or ascertainment of royalty due the State based on net smelter returns which vould include therein transportation cost referred to herein, would be erroneous in one other respect; that is, the resultant amount vould be an allovanoe to the State of a royalty larger in amount than 6+% of the value of the production of the minerals upon said claim as provided for in the said statute. We, therefore answer the second submitted question in the negative. Yours very truly ATTORNEY GENERAL OF TEXAS By Chester E. 0llison Assistant