Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-06-27
THE FUNDING PROBLEM.


CAao Grauted By Judge Whitemsn.
The following was filed i'll he Office Q.
the clerk Of the district court to-day,
Territory ex rel. Vim. n. Coler vs.. The
Board of County Commissioners OF Santa
Fe county.
Application for rehearing.
This is an application of the relator for
a rehearing Of his application for writ OF
mandamus against the county commits
sioners of Santa Fe county to compel
them to refund certain coupons held by
the relator
The principal ground argued by tho re-
lator to entitle him to 4 rehearing is that
the court disregarded the argument made
between counsel Tor relator and respond
ents, which, the counsel for the relator
contends, was that the argument should
be confined to the question as to "wheth-
or the act Of the legislative assembly was
mandatory or permissiye in its character,
the counsel for the defendants having
conceded that for the purpose OF argument
the bonds from which the coupons held
by reator were taken had been duly is
sued"
| did not so understand the agreement
between counsel. The agreement was
that the argument should proceed upon
the effect OF the statute regardless of the
question as to whether the bonds were or
we're not duly issued,
decided the question adversely to re-
latOr upon two grounds.
First that the coupons held by relator
did not constitute such an Indebtedness
against the county as would entitle him
10 demand as matter OF right that his
coupons should be refunded, or that
coupled the power conferred upon the
commissioners with n duty so rs to rem
der mandatory q statute which is permits
slve in form,
Second, That the county commission
ers were authorized and empowered to
issue coupon bonds in exchange for their
outstanding Indebtedness as evidenced by
the warrants or bonds OF the county duly
issued; that "duly issued" meant war
rants or bonds that had been properly,
regularly, legally issued, and that under
the statute the commissioners were EN-
powered with the discretion to determine
IN the first instance whether bonds and
warrants presented to them had been so
issued; that if they were of the opinion
that such bonds had not been properly,
regularly, legally issued they could not be
compelled to issue coupon bonds in ex-
change until the legality OF sucli bonds or
va rants should lie established in prop
er forum.
Ii the court was wrong in its conclu'
sion first stated, and the REALTORS coupons
do constitute such claim as entities him
to demand their exchange for coupon
bonds, and couples the power confer. ed
upon the commissioners with q duty to
issue such coupon bonds in exchange, and
the contention of the relator is correct
that the defendants admitted that the
bonds had been duly issued, the admis-
sion of such fact might take away from
the commissioners the discretion with
which they were vested and make it man
datory upon them to issue the coupon
bonds in exchange Tor the coupons held
by relat0r
In view OF the fact that the relator may
have been prejudiced by this nlisunder-
standing as to the scope Of the agreement
between counsel the rehearing applied for
will be granted,
". II. WHITEMAN, Judge.
10 date for the rehearing has yet been
Fixed. In the matter Of the mandamus
proceedings by which it is sought to COM
pei the county board to recognize DR..
Sloan as chairman, another feature OF this
bond funding contest, no argument was
had to-day for the reason that Col, Smith
had gone east and Mr.. Laughlin was sick.
Mr.. Fiske appeared before the judge at
MIR, Laughlin's request and asked that
argument i'll this case be postponed till
Saturday, which was granted.