Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-01

continual ,rj Two ooid rountv in cor
fnr,nii," ,,,tL tha suiI n.t and v;th fh
terms nnd nrnvi.;,ns ~ +hn sal
hands Ia,iaI t,vns from vso
IN way for the no,r,er
.of +ha intoros. orcru;p,, an a.ia hnuj. an
Avi,Innrad hv thn aniI ronnnns md iror
vn.r ~ yoor ,'nGp Ta,ront. NJ sn,i, j.,
forno+ ,.,IIo,tnJ I,,! ,;rtro nf ,rrh ,.yn
ZION to ,.nr;o,,. i,nocant hoIIor. f,r vni,
If an,,h rnnnons nnI unnn surh n.,rent
tnok ~, oni can,niat ~ thnsnii ,ounnn
an nmGnnt email 70 tha amomnt of ru'.,
novments IN VII S31 0,I or tharenbouta
Ih1t about savan veur. 400 the s.iI rol,
for on the fith NJ thn snid re,.if.ls in th,
sail hnnda and of the acknowledgment
uf thn said houds Inv the administrative
tnxiny collecting and djsbursiny a,ithnr
! itip. 0( tho suiI county and of tho M,
meuts Of interests therefore 80 made there
ON and in tot,l Ignorance Of any levs
yround, of objection III any surh existl +,
! tbe said ho1,da and commons or either i,
Their incention or otherwise. nurrhnse
nil and sinpllnr the said bonds and out
standing r5nn0ns for value and in 900,
lalth. and thereupon DISPOSED of the
same for value and in good faith to di
verse and sundrv innorent purchasers
who i'm good fifth and for vulue an az.
ulred the same OH the faith of the said
recitals and without notice or knowledge
of any defect or irreyularity III AMY ut.
tending the INCEPTION of the said bonds, or
any proceedings preliminary to the issue
thereof, and in the full belief Of the truth
and integrity OF the said recitals that
thereafter said relator advanced TO the
several holders who had so purchased
from him the said bonds and coupons the
amount of interest on the said bonds un
to July l, A. ID. 1889. end therenpon. in
consideration of such advances received
and ACQUIRED in good faith and for par
value and in total ignorance A. aforesai,i
OF any facts if any such exist contrary
to the tenor and effect of the said re,itals
all and singular, the said coupons evidenc.
ing the said interest up to july /. 1889
except such of the said commons "a Lad
already been paid and taken I'D bv the
said county as aforesaid and the said re-.
lator is now the lawful holder and owner
for value and in good faitb of all and sin
gular the said in,e,e.t commons. exrent IA
aforesaid. the amount thereof being SEQ &.
90. with interest on each thereof ,rnn,
its maturity.
That the said relator has reouested the
board of county commissioners of the
county of Santa Fe 10 refund the said
COUPONS now outstanding. under and in
conformity with the act Of the Legislative
assembly OF the territory of New Nexiro
anproyed February ~. A D 1870 on.
titled "An Act TO authorize the fundin a,
county Indebtedness. and for other mr..
poses',n but the said hoard refnses a,rh
request on the ground that the ss;d 70.
funding act merely grants a dis.retjonarv
power which the said board mavexerci,enr
not. according 10 its own will or ,anricp
and on the further ground alleged by the
said board that nj the election nv Which
the snii bonds WAS authorized on tho 4th
dav OF October, 1879. some pretended If.
or proceelure occurred
That the said relator does not know and
was never informed ar in INV resne,,t
notified. until after his saj,l nur,,h,sr in
GOOD faith andfor value as aforesnid NJ
any such preteuded irrepulnrities md
while he believes that all the proceednys
to tho IL .up nj said honds urd
coupons, as well AS the suid issue Itself
we're in all resperts repular and local h.
submits to the court here that as an in
nocent nrrrhaspr in yood faith and H.,
value, relying in his purchase on the soiI
recitas, he Is not concerned with the truth
or fal>ity Of the said stale Suggestions Of
irregularities occurring antecedent to the
said issue.
And he therefore prays the writ n,
uandamus dire, ted to the said board md
itsclerk. commaudin the said hoard forth
With to refund all the said COUPONS and
bonds which NAV he offered for ref,ndiny
under the art last a(oresaid Inv the said
re,ator or auv other holder thereof
And whereas. upon the ssid netiton and
relation and due notice to the said boar,i
If county commissioners of the county NJ
santa Fe. the said re!ator ,luly moved our
,md district court on the 9utb Jav q,
March, 4. b. 1889, before Hon Elisha V
Long, chief Justice etc, and distri,t iudye
,f the 4th judicial district, sitting at bis
chambers in the town of Lax Vegas in tho
county of San Miguel. md exercisiny tho
functions of the district indie of he Ist
iudicjal district, no district iudye holm.
in the said lat judicial distri,.t for
he issuance Of out writ of mandsmus con.
formally 10 the said praver If tl,e said
netjtion. and ,hereupon the said relator
appeared by John ii. Knaebel esn bis
counsel, and the said board of county
appeared by John p. Vic.
tory esq, and Ralph Il. Twitchell esq. its
and our said district court, after
hearing the said counsel for the said
reator in support OF the said motion, and
the said counsel for the said board OF
county commissioners in opposition there.
to, and being sufficiently advised in the
having considered and deter.
mined and adjudged that the said relator
ia untitled to the relief nv him an Draved