Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-09-18
ON EDUCATION.
Full Text Of the Article on this Sub
jeot which Goes Into the State
Constitution,
Last Nights United Work for the People
The Article on Taxation
Adopted.


yesterday the afternoon session was con-
sumed in discussing the report of the
committee having in charge the article Oh
assessment and taxation.
In discussing section II Mr.. M. C.
de Baca, OF Bernalllo, spoke OF the un-
just methods of taxation now prevailing,
and instanced the fact that there WAS III
Santa Fe property owned by Archbishop
Salpointe, from which $500 to 81 800 per
year is derived, Which does not pay a
cent of taxation. Responding to this
gentlemen, Mr.. Jaramillo, of Rio Arrlba
said he would inform the convention that
the property did not belong to the arch
bishop, but was exempt from taxation be-
cause it belonged to the church.
MIR. Clancy, Of Santa Fe, offered the
following substitute for section ii, which
set forth that the state shall not incur
any debt ior any purpose whatever in
excess Of the amount OF 100000, etc.:
The state Shall incur no debt for any
purpose whatever, including existing
Indebtedness, in excess OF the amount
Of 5000, 900; but this shall not be
construed to impair or affect the liability
Of The state for debts OF the territory Of
New Mexico; and no municipal corpora
ton or quasi-municipal corporation
in the state shall incur any debt,
including Indebtedness for any purpose
Whatever III excess OF . per centum OF
the taxable property within the limits OF
such corporation as shown by the last
regular assessment for the purpose OF
taxation.
Subsequently this was further amend
ed so us not to affect or impair the in
debtedness OF any municipal corporation
US at present existing.
Mr.. Perea said the territory owed to-
day 1890, 900, but We have $45 900 in the
treasury, and SO the committee concluded
to limit the state debt to even $500 900.
he thought it would be dangerous to
change these figures, because in doing SO
the door might he left open for letting in
that class OF claims known as militia
warrants, which in his opinion do not
constitute legal claim against the terri.
tory. These militia claims might be
good as against the United States, bat
certainly the tax payers of New Mexico
should not be called upon to pay them.
Col. Heman said he had heard great
deal Of argument about militia warrants
and he held it was not within the power
of this convention to decide whether or
not they were legal. He thought their
legality however could easily enough lie
decided, and ii they should prove to be
legal he believed New Mexico should pay
the debt. He suggested the appointment
OF commission to investigate the militia
claims. He would not have New Mexico
pay cent by fraud, but ii a commission
for the purpose approved the
Claims and so reported to the state legis-
lature he would he among the first to urge
the payment OF the debt. He asked that
the militia claims matter be referred to
the legislature for the appointment OF
to examine into their legal |
ity.
Capt. Clancy, of San Miguel, did not
think this The place to discuss military
luarrels, that subject should DO left for
future action.
Mr.. Perea offered the following amend
ment in lieu OF Mr.. Clancy's substitute:
The state shall assume no debt for any |
purpose whatever in excess OF $9JU,OU0, |
nor shall the state OF any municipal or
corporation ever incur
any debt for any purpose whatever ex-
;ept to repel lnvasions or suppress insur-
'ectioDs.
Judge Bail said he was opposed to any
clause in the constitution That by any
ystem could be held to force the people
o pay the militia claims, or at least those
Which might be determined as illegal.
Mr.. Catron said the clause should sim
bly, provide that the territory should pay
Is legal Indebtedness that warrant
sas not all es Upper in the hands of an
purchaser, but that its condition,
manner OF issue, ETC., could be INQUIRED
INTO, and SO he held that the adoption OF ,
lr. Clancy's substitute would moi in the
east interfere With making inquiry into
he legality OF the militia warrants. He
aid it seemed to him that this is exactly
he clause the gentleman tMr. Perea)
wanted to protect his idol.
Mr.. Perea said the difficulty was that
he legality OF the militia claims would
lot he tested iu the courts, but would
menace future legislatures as it had those
q the past.
MIR. Clancy explained that the holders
/ these claims had no standing in court s
ecause all net OF the legislature was nee.
ssary Ill order to bring such test case in s
Nv. lie said the assumption of the debts
Ieaht nothing more than is legally anu ,
oAestly due. lie said the claim against
Iese Warrants is that they are not legally t
sued; that it is debt traudulenty and {
antonly issued, and that being the case, {
n investigation would determine whether :
: not they are illegal, and he said his :
Institute merely provided for meeting all q
st debts OF the state, whatever they e
light he he, without reference to any r
ass OF Indebtedness.
Mr.. Catron said the militia warrant O
lestion was one that had no business in d
'ls debate; that congress would require
le state to assume ii e debts OF the terri t.
Try, and that's what he wanted done;
III he said debts that are not legal are Il
D debts at all.
Mr.. Perea's amendment was lost. Mr.. t
lancy's substitute was adopted by vote {
10 TO i, many members declining to
)te. 6
Tie article was then approved in COM II
lttee OF the whole and reported to the $
invention. There section was amend i
on motion Of Mr.. Perea. |,
Gov. Slower moved to strike out section y
}, prohibiting the taxing of state lands. tt
dopted. (
Mr.. Perea moved to insert the original a
ause as reported by the committee in Il
eu OF the substitute for section II. Lost v
Y a vote OF 23 to II.
Alter other slight amendments the art o
lie as amended was finally adopted. u
ARrIC LE-- y
ASSESSMENT AND TAXATION. a
Section 1.-The rate OF assessment and e
xation shall be uniform, and taxes shall tt
, levied upon such property as the legls- a.