Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-12-30

Douh ANA .,,......... o,Izo
Grant, ...,.,.......,.. GI2
Lincoln ......-.... 2,l3l
Mora, ............... l,23O
Rio Arriba ......... Az
San Juan go. -..-.. ~
San Miguel .,....... 2,7ll
Santa te.,............ 34l ,...... ,loS
Sierra .............. LA ,...... liza
Socorro. ..,.......... 1876. 80. 1880
laos ...........,,... "5I
Valencia. ................. ................. oOI
These figures represent far more than
the value OF the services. That is con-
ceded by all, and, as in the case OF the
assessor, is the reason that such ire
mendous efforts are made to obtain the
Office. In fixing fair compensation,
the fact that large bonds have to be given
should net be overlooked; but on the
other hand the amount paid by private
institutions for similar services should be
considered. There is no reason that the
public should pay more than bank. A
glance again at the territorial salaries be-
fore enumerated will show that no great
extravaganza is needed. THIS is sub
jeCt for your careful consideration. l
wish to suggest, however, the system
Which exists in New York, and which
during more than half a century has
worked 80 satisfactorily that no change
has ever been suggested. The collector
there receives no compensation from tho
state or county, but his fees are added
to the tax. They are small, l per cent
during the first month, and increase, a.
the tax payer delays payment until they
reach per cent. Thus they act as an
ind tD Sim
pose for example, in our case, where the
taxes are ready for payment on August
/, that per cent commission be charged
on all paid during that month, 2 per cent
in September and October, 3 per cent
in November and December and per
cent thereafter. This would afford an
ample remuneration to the collector,
would he IN proportion to his work as
| there is more trouble in collecting from
/ dllatory tax payers, and it would be
strong incentive to early payments.
1t would also bnng the whole amount
levied into the Treasury without deduc-
! ton. ! see no reason why system
which has continued unchanged in the
East for great length Of time should not
as we'll succeed here. hope, at any rate,
that legislative wisdom will devise some
satisfactory plan for reforming the present
system.
snERIFF's RESPONSIBILITY.
Before leaving this subject Of the colIee-
ton Of taxes, | should fail in my duty il
[ did not draw your attention TO the fire.
quent defalcstions of our Sheriffs and their
constant violations of the plain provisions
of the law. Nothing can be more distinct
than the requirement that every sheriff
on or before the tenth day of each month
shall pay over all moneys in his hands ut
the beginning of the month. Yet this 10
violated more often than it is observed.
The law allows ample tlme-ten days-in
+ which to pay over the money. There can
be no excuse for noncompliance. And
yet in some cases six or more r~onths
pass without a pa, ment being made by q
sheriff. No where else in the country
could such state Of things exist. We
read OF defacations elsewhere, but the
defauter flies from the wrath Of the peo-
pie and the penalty of the law, to some
unknown land where he can hide himself
with his ill-gotten gains. Here he con-
tlnues in his place, with a serene indifer-
ence that is simply amazing. He does
not even abandon his office, and if he is
prosecuted he interposes some technical
objection, and in year or two his posi-
ton in the community appears unchanged.
That which is most needed in such cases
is stern public sentiment, but the legis-
lature can at all events see that penalties
are imposed, that the offender has no
chance 10 repeat his crime, and that the
rnopou ~ poasikla il racovayad Thu
present law seems to be sufficiently strin-
gent. 1t provides Chap, 62 of 1882 that
whenever any collector shall be in default
for thirty days, she shall in addition to
other penalties, forfeit his office and b.
deemed public deiauter; and the couR-
ty commissioners Immediately upon re-
sceipt OF certificate OF such default under
the hand and seal OF the clerk or terri.
torial auditor, shall declare such office
vacant and fill such vacancy by appoint
ment, and such officer shall not again BE-
: eligible to that Office"
The difficulty appears to be that the
county commissioners do not make the de-
claration and no doubt political reasons
often cause this. | would suggest thst
the law be made self.acting; that II
collector fails for sixty days to make
his return to the territorial or county
, treasurer, the filing OF certificate to that
effect by either officer shall vacate the
, collectors office. At all events some
, thing should be done to prevent the re-
currence Of these defaults.
CODE REFORM.
, The last legislature by the passage oil
, "An act relating to forms Of pleadiRgs,"
/ Chapter 20, Laws OF 1857, commenced q
reform OF what was one OF the most obvi-
GUS evils IN the judicial system OF our
territory. There was no country in the
, world, Christian or pagan, in which the
, court practice was 80 antiquated, cumber-
some and complicated as in New Mexico.
, BY single brief statute the ancient forms
of the English common law had been In
, troduced, not as thew existed at the time
IN any part Of the world, but as they wore
century ago, before any modern reforms
, in procedure had taken place. This in
PRODUCTION here of the most artificial OF
systems was made years after the entire
) common law procedure had been discard
ed IN progressive states, and the simple
| modern system of code practice substi-
, tuted. New Mexico has struggled under
this incubus for years, the simplest legal
proceeding being full Of verbisge,
wearisome to the lawyer and confusing to
the client. The passage Of the act referred
, to by the last legislature was step In the
/ right direction, and substitutes q brief,
plain statement of facts in complaints and
, answers, instead of the redundant forms
OF words heretofore required. But beg
] to suggest that when a reform was to be
made, it would have been far better to
have adopted at once complete modern
) system, than to introduce Improvements