Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-07-16
BOARD OF EDUCATION.
Interesting Meeting Last Night
Status of Litigation to Recover
Money Looted by Mondragon-
Employment of Teachers
Deferred-Special Levy
for School Purposes.

The board of education met in regular
session at 8 O'Clock last night, with Msssr7.
Marcus Edodt, president; H. s. Lutz,
secretary; Richard German, j. r. Hud-
son, Miguel German, Fritz Muller and
Pablo Martinez present.
Secretary Lutz read for the informa-
tion of the board the following concise
statement, prepared by ex-City Attorney
A. B. Renehan, explanatory of the status
of the litigation Cor attempted litigation)
to collect from his bondsmen the money
looted from the city school fund by ex-
Treasurer Mondragon, now convict at
the penitentiary:
'On the 28th day of September, A. ID.
1894, l, as city attorney of the city OF
Santa Fe, under special instructions and
authorization, asked and received from
the mayor and city council of said city,
filed suit against Narciso Mondragon as
principal and Thos. B. Catron, Atanaclo
Romero and Edward l.. Bartlett, sureties,
in behalf of the board of the city of Santa
Fe, on the bond of said principal as ex-
of1icio treasurer of said board.
"The amount sued for is $4,000. The
shortage of the ex.treasurer appears to
be $3949.25. The summons in this case
was returned as served on the day the
declaration was fled I personally left a
copy OF it at Catron's office, with do not
remember whom. December 10 of the
same year, three months after the institu
ton of suit, Gen. Bartlett filed his special
appearance for the defendants, and twelve
DAYS later his motion to dismiss the case
was filed. The grounds OF tho motion
were especially that the board of educa
ton had not authorized anyone to bring
suit upon the bond of the defaulting
treasurer. To the motion an affidavit Of
j. r. Hudson, secretary of the board o
education, was attached deposing that TIT
records of his Office disclosed no grant o
authority to sue on said bond.
"On the same day the suit was stricken
from the docket in consonance with thu
motion of special counsel for the defend
ants. Two days later, on the Gath o
December, filed a motion to set aside
the Diminishing order, setting up that nj
written notification of Gen. Bartlett's ap
pearance in the case had been served
upon me, as the rules of court demand.
"My motion was supported by my aft
davit of service of a copy of the declara
ton upon Mr.. Catron, as also stating tina
/ had not been notified in person or b.
written information of the appearance
entered for the defendants in the case
The matter came on to be heard upon TIN
motions and af1idavits In support thereo
by agreement between the attorneys o
the respective litigants, and, on June IL
1895, on my calling the courts attention
to the standing of the suit on the docke
and record, the motion to set aside tn
order striking the cause from the docke
was granted. This left the matter stand
ing as in the beginning. 1t is now there
fore ready for prosecution"
The reading of the foregoing statemen
of Mr.. Renehan precipitated quite dis
cusslon.
Mr.. Lutz, Mr.. German and other mem
bers of the board insisted that promp
measures should be taken to force tn
restoration of the money looted from tn
school treasury.
Mr.. Spiess thought it would be wise t
|! consult with the bondsmen as to &
equitable compromise before taking fur
ther action and that he would support
motion to prosecute if they would 20
agree to reasonable adjustment b
compromise.
The subject was finally referred to tn
finance committee with instructions t.
ascertain if the board had authority t.
effect a compromise, and, if 80, upol
what terms the bondsmen would he will
ing to settle the matter without litiga
ton.
The matter of employing teachers ne x
came before the board, and, after som
discussion, action was postponed unit
the next regular meeting, on the evening
of August 8, the hope being expressed b.
several members that by that time tn
board would be in possession of NOR
light respecting the probable resource
and could then act more intelligent,
than at present.
A resolution was thereupon unanimo GUS
ly adopted making q special tax levy o
mills on the dollar on all taxable prop
erty in the city for school purposes mex
year, and the secretary was instructed tt
submit the resolution to the city council
for approval or disapproval.
In this connection, the interesting in
formation was brought out that the rea
son why certain prominent taxpayer
now decline to pay the amount of tn
special levy OF last year for school pur
poses is that they contend it was no
legally levied. 1t appears that the boart
of education last year made specia
levy of mills, submitted the same to thu
last city council as required by law, and
instead of simply approving or disap
proving, that body changed the levy to
mills. It Is now contended that this &C
tion on the part of the city council viii
ated the entire levy, as the law did no
clothe the body with the authority at
tempted to be exercised. This seemed
to be practically the unanimous opinion
of the board last night
The president of the board was author
lied to employ some suitable person t.
take the school census in the severa
wards of the city separately at an ex
pense of not more than 1926.
The board then adjourned until thu
first Monday in August.