Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-11-27
THE COUNTY BONDS.
A U. S. Supreme Court Opinion Which
Attracts Widespread Local
Attention,
The Railroad Aid Debt lllegal--A Mo
mentous Decision~-Treasure
Cartwright's Position.

v Cartwright's Position.
On several occasions within the pas
month the New MEXICAN has referred to
decision of the sureme court of the
Q United States affecting the validity OF
r railroad aid bonds issued by counties in
, territories, and which, judging from its
general tenor as set forth briefly in press
( dispatches from Washington, appeared to
have an important bearing upon Santa
Fe county's bonded debt. Much local
. interest in the case was thereby developed
and the full text of the decision has been
awaited with eagerness. The Supreme
Court Reporter, containing the decision
came to hand to-day and the New MExI-
CAN is enabled to copy therefrom the full
text of the courts opinion. 1t is append
ed, and will repay perusal.
IT'S LOCAL EFFECT.
Copies of this opinion were in eager
demand to-day at the hands of attorneys
|
momentous import as affecting the well
fare of Santa Fe county was discussed in
all it's bearings. The attorneys generally
! agree that under this construction of the
,, law by the highest court in the land, Sauta
Fe county, which has so long been stag
gering under an enormous railroad bond
ed debt, contracted by official and politl-
Gal methods not the cleanest, to say the
least, may now begin to see daylight
ahead, and tightening of the burdens of
taxation will follow that can not but
prove of very material and immediate
benefit to the citizens of this long suffer-
ing community.
| SANTA FE's RAILROAD DEBT.
| 1t is needless to go now into the Off
cial history, and the political trickery in
oident thereto, which resulted in saddling
upon Santa Fe county her present bond
ed railroad debt; nor how it happens that
Santa Fe failed to secure the main line of
the A., 4. & 5. F., but was juggled into
accepting an eighteen branch line,
the original cost of which the taxpayers
have paid for many times over and yet
find themselves becoming each year more
hopelessly involved in debt.
The records show that on September |
Is, 1879, a proclamation of election was
issued by the Santa Fe county board
composed of A. Staab, Antonio Ortiz y |
Salazar and W. a. Manderfeld- calling |
for an election to vote Santa Fe county |
bonds in the sum of $15O,00O to aid in |
the construction of railroads. The |
proclamation was
80 CAREFULLY woRDED
as to create a very delicate distinction
between the beneficiary lines. The name |
of the corporation was the New. Mexico |
& Southern Pacific mpany-then and
now part of the A., T. & s. F. system
and by the terms of the proclamation the
voters we're called upon to vote $4,000 in
nnnus " ala In tile construction of |
and at the same time to vote s s1Sss Ff a
bonds to another slime" of the same cor
Isleta. The 'nigger in the wood pile"
consisted in the additional attractiveness |
that the distant points named would have |
for the voters; it was thought that such
proposition would carry more readily |
than if the call simply stated that the
road was to run through Santa Fe county |
and there are other tricks than this |
also back of this carefully wOrded proc
lamation.
THE ELECTION
occurred October 4, 1879, and the "two
lines" wore vctas,a 'one necessary bonds.
Now this original debt of $15O,O00
with past due interest, judgments secured
/ in the district and territorial supreme
courts growing out of inattention and
trickery on the part of county boards,
political wire pulling, ETC., amounts to
about $350,00O. The Coler Judgment alone
for past due interest coupons was over
100000, while their total judgment
against the county was for something
like $685., 000-and why the special attor-
neys employed at great expense of the
Taxpayers failed to find the law points in
their favor as readily as did the Arizona
attorneys IN the case now under con-
sideratiou, simply surpasseth all under
standing.
Again in 1885 came the narrow gauge,
the Texas, Santa Fe g. Northern line, and
to this corporation Santa Fe county also
81
this debt has also, by reason of failure to |
meet interest, grown to considerable |
proportions over the original debt 80 |
that the total railroad bonded debt of
this county now amounts to fully half
million dollars.
TREASURER CARTWRIGHT ALERT.
After reading the appended opinion by
the supreme court Mr.. Il. B. Cartwright,
county treasurer, consulted with some of |
his lawyer friends and at once announced
that he would henceforth decline to pay
any more interest on the railroad bonded
debt of the county. He said:
81 have carefully gone over the facts in
this Arizona case and compared them
with our own bonded debt affairs, and
several of the best attorneys in town agree
that this Arizona decision practically
renders void the Santa Fe county railroad
aid debt.
II take this decision by the U. 8. su-
preme court as ample notice to me in my
official capacity that the law does not
authorize counties in territories to issue
bonds for any but internal improve
ments tina. railroad construction is
not an internal Improvements, and
that the supreme courts sanction of
the act of congress of June 8, 1873
some years prior to the creation of this
debt in Santa Fe county-which limits
the powers of territorial legislative as
semblies as regards the authorization of
counties to extend such aid, fully justi.
fies me in declining to pay out public
funds to redeem any more interest cou
pons. |,
II take this stand advisedly," con-
tinued Treasurer Cartwright, "and if the |
bondholders want the interest they must
On In the Conrta and m ka ont THAR m 30 - F.,