Deming headlight., 1893-07-22
THAT LocKHARr SUIT.

which had arisen, 40 that th ore 1ht he
40 trouble Ia tho future on acrouut Of
illegal tax loylcs or excuses for future
collectors 70 hold indefinitely any part OF
The funds collected BY them. Silver
City Sentinel
This Is q boylsh attempt to
avoid the issue. From q com
mon scnse standpoint, II Il mp
parent that the county has gained
nothing by the suit against sher.
if' Lockhart, but has managod TO
get itself into the position where
the Board Of County Commission.
era Is absolutely prevented by
the ruling Of tho court from levy.
Ing more than two aud onb.half
mills for county purposes. This
is just about one quarter of the
cum required to carry Grant coun.
~ through the year, and as the
county is prohibited from running
In debt by that provision OF stat.
ute which prevents the Board
from drawing o warrant when the
funds are not in the treasury, we
ore indeed IA very sad state.
The Board by It's unwiae action has
preclpitated this issue aud brought
this ruling upon the county at q
time when We can lily afford TO
be held down to rigorous con.
struclion Of the law. Had the
Board waited, tho matter would
probably not have been passed
upon until sometime next year,
and then, with session OF the
legislature at hand, remedial leg.
islatlon would have been speedy.
Now, Grant county must limp
through tho next two years under
airaightened circumstances, un.
able to pay for what she absolute.
ly needs; and, IN fact, unable to
obtain nny credit upon which to
shore over the trying times.
Then, too, the county does not
gain anything In the suit, even II
II should he brought to the deter.
mutation which her attorneys
contend for. Judge Fall, In his
oral ruling, did not hesitate to
say, that Col. Lockhart upon tlnal
judgment IN thls case, would be
compelled to pay this money over.
Col. L0ekhart himself comedies
this and stands ready to make the
payment, the moment II can be
done with security to himself and
. his bondsmen; but Judge Fall
states In set terms that IL this
money were ordered to be paid
over, II would be with the expli.
cit direction that II should not go
to the county TO be covered into
the county treasury or distributed
among any Of tho county funds,
but that II would be held intact,
strictly In the nature os trust
fund, for repayment to the tax.
payers from whom Il had been IL.
legally collected.
This Is not all. This suit has
developed the fact that the county
now has In it's possession about
: $4,000 Of illegally collected taxes
that amount having been paid to
It principally by Sheriff Lockhart,
before ho discovered the charae.
ter Of the levles, and then by
! sheriff Laird, under the recent
order of the Board. Now, Grant
County, In the event OF the ruling
being made, as II undoubtedly
will be made In the end, must nj
so pay back this Sl0,1O0 TO the
taxpayers. So that really undel
the most favorable rulings which
the county can obtain, she Is sIO,
900 worse or than II she had nev
or brought this suit, and II Is 1
gracelcss thing to-day for the
Board Of County Commissioner
to ask 10 have another cent pu
into their hands until they have
! demonstrated their integrity b,
, paying back to the taxpayers thll
$4,000 which they already owe
IN this connection, we call the 81
tentlon Of the Board itself and o
I all taxpayers to Section 2sC5 o
! the Compiled Laws Of 1884.
The HEADLIGHT has taken Tia
position from tho outset tina
II this suit was ill.adyised and tha
the county was certain to get th
worst Of 1t. We have inslste
that the Board was bound by Ia
advice Of It's legally constitute
\ advlser-the Dlsirict Attorne1
\ That advice was against this sui
y We have insisted that as the la
furnished the Board with counse
that body had 40 right 70 spen
hundreds Of dollars Of the pet
Y ple's money In employing assla
ant counsel IN this partIcull