Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-01-05

enough TO unu luulctmeubS. Inc result
has been that no civil litigation has been
transacted. Men become discouraged
from attempting to collect their debts,
feeling that when their cases are once in
court they will be continued from term
to term for such length of time without
the possibility of trial that the ex-
penses often exceed the amount in litiga-
ton.
In many of the counties large num-
Der of criminals have been indicted, or
have been arrested and sent to Jail in de-
fault of giving bail, where they have re-
NAMED from term to term at great eY-
pense to the counties and great injustice
to the accused, as no trial could be had
owing to a want of sufficient funds to run
the courts. In some instances this ex-
pense has been SO large as to seriously
cripple the financial condition of the
counties and greatly depreciate their
credit.
By report from the county commits
sioners and sheriffs which accompanies
this, it will be seen that during the last
two years the expense of feeding the pris-
oners was, in the county of Dona Ana,
$S,73l.5O; county of Eddy, $4,000; county
of Grant, $9,S32.50; county of Bernalillo,
$9,5O6.75; Santa Fe county, $4,OG551; San
Miguel county, $7,200.75;a total of $43,-
537 oil in seven counties for the support
of prisoners In Jail, many of whom are
still in confinement awaiting trial, with
no prospects of an early trial unless the
legislature will provide the adequate
means for holding court. | believe that
it is the imperative duty of the legisla-
ture to at once repeal that provision of
the law which prevents the holding of
court when there are no funds to pay the
expenses. Such a provision only delays
administration of justice, adds to the cost
and expense of the counties, prevents
civil litigation and in fact stops the
wheels of justice. Not only should this
legislature at once repeal this law and
provide the necessary means for holding
the courts by the transferring of any sur
plus funds now in the territorial treasury
to the court fund, but it should further
make it the duty of the district judges to
business either civil or criminal needing
their attention. 1t is better that the wit
nesses and the court officials should wait
for their pay, than that the civil litigants
should be deprived of justice, and parties
accused of crimes confined in the county
ja,ls without the opportunity of trial.
The question as to the proper distribu-
tion of the burden of court costs is one
upon which there is diversity of opin-
ion. Many think that the entire costs
should be paid by the territory, while
others believe that they should be borne
by the counties, as their payment by the
counties would induce the county officials
to keep strict watch upon the accounts
people. In my opinion neither course is
correct; an intermediate course should be
pursued, placing the expense of the jurors
and of summoning the witnesses in cases
where the defendant is charged with n
felony, upon the territory, and the ex-
pense of caring for the prisoners upon
the counties. In either event, INN ediate
action should be taken to provide the
means for running the courts and clear
ing the docket of the immense business
now pending.
II is to be hoped that you will give this
very important subject your immediate
attention, as we'll as your careful con.
sideration. A good financial system is
absolutely necessary to the prosperity,
not only of the territory but of the coun-
ties, and just so long as the counties con-
tinue to run year by year further and
further into debt, just so long will county
scrip lessen In value, and the burden of
taxation increase. Some OF the counties
have been unable to pay for the feeding
of their prisoners for the entire past year
while others have paid this liability to
the injury of other interests of the coun-
| ty. The result is that IN some instances
the county's credit has become impaired
to such an extent that it can only obtain
material and supplies needed, by the pay
ment of from 40 to 60 per cent more than
the same articles would cost when paid
for in cash. In time, these obligations
all have to be met and paid in full by the
tax payers. Every effort should be made
to lessen expense wherever it can be done
without injury to the efficiency of the ad
ministration. The Office of the county
collector and county treasurer should be
consolidated-to take effect two years
hence. The office of county treasurer
could be administered by the collector
who could perform all the duties of both
offices for the salary which he receives al
collector, and thus save to the counties
the expense now paid to the county treas
urer. A provision might be made pro
viding that the county treasurer SHOULD
collect all taxes up to the time they be
come delinquent, when they Should b,
turned over to the sheriff for collection
Publication of Delinquent Tax Lists
The law with reference to the publica
tion of delinquent tax lists provides
for its publication con or before the frs
Monday of each year."
When this law was passed, al taxes be
came delinquent and payable on January
the 1st of each year. At the last session
of the legislature, the law was changed
making the taxes payable zone half il
January and the other half IN july" &C
that as it now stands, it becomes the dut.
of the collector to have the Delinquent
tax list published at time when onl!
one-half of the taxes are due and delin
quent. The date of advertisements should
be changed to some time after the la
of July of each year.
l also desire to call your attention te
that provision of the law passed at thu
last session of the legislature providing
that sin counties of the frst-class the Of
fees of collector and sheriff shall b.
separated" The section making this
division is exceedingly indefinite. II
simply provides that the Office of col
lector shall, in counties of the first-class
be separate from the Office of sheriff, and
shall be held by different person. This
law to go into effect upon January l
1896. Nothing whatever is said witt
reference to the taxes assessed and placed
in the hands of the sheriff during the
year 1894, or any delinquent taxes in hit
possession. 1t was evidently the inten.
ton that the sheriff's authority to act as
collector should cease upon the first day
of January. 1895; and yet no provision
was made for his turning over to the col
lector the tax book in his hands, and tax.