Santa Fe daily New Mexican., 1896-10-17

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proved to have had knowledge of then, il
must be assumed that such purchasers
obtained these bonds knowing the com
missioners had no authority to ISSUE
them. Can there be any legal or mora
obligation to pay such debt, regardless
of the numerous alleged frauds in its crea
tion, such as the padding of the county
assessment rolls to give semblance OF
legality to the amount of such issue
from about $2,000,0OO to about $1,000.
600? Eliminate from the transaction the
distinctive elements arising from the
fact that this was the act OF an agent of a
municipal corporation, suppose that
the agent of an
ISDIvIDUAL WITHOUT AUTHORITY
to make promissory notes for his prin-
cipal, should make such note in favor
of third party who knew of the agents
want of authority, would any sane prin-
oipal pay such, s<note or regard it as re-
pudiation toifefuse to pay it? Would he
not rather regard resistance to such pay
ment as plain every day self-protection
and the receiver of such note who at
tempted, with such knowledge, to enforce
it's payment, as little if any better than a
highwaYman?
The success of our representative form
of government depends in no small degree
upon the moral and legal right of every
citizen to resist by all lawful means any
exercise of power by elective officers be-
yond the powers conferred upon them by
law. If they can be permitted to tax citi-
zens bv the unlawful issue of interest
bearing bonds there is no reason why
they should not be allowed uulawfully to
assess an unlawful tax directly against
property holders in such amount as they
think proper. If they can 60 beyond
their powers, ever for an honest purpose,
then why not do it in the shortest way
Why 60 to the trouble of issuing bonds
and why not make direct levy against
taxpayers? Either would be equally un.
lawful, and the prohibition of the law is
no more certain and forcible in the one
case than in the other. And the absurdity
of this situation is emphasized by the
fact that this kind of an agent is elected
for a given term of Office and can not be
removed for many acts void in them
selves, the ugh all the voters constituting
the ma ajority who elected him desire and
would if they had the power that an in
dividual has over his agents, promptly
discharge him. The
WANT OF ANY MORAL SUPPORT
for such an unlawful exercise of power by
such municipal agent is yet more evil
dent in the case of the minority voters.
In counties such as ours where political
parties are nearly equally divided 10 pop
ular elections, 1t is no unusual event for
county commissioners to be elected by
bare majority. The minority, nearly half
the voters of the county, are then forced
to accept these elective agents. Granting
then that, under representative form of
government and in support of the theory
on which all such forms of government
are based, it is the duty of such min
ority to abide as good citizens by the
result, what obligations moral or legal is
there upon this minority to recognize as
lawful any act of such elective agents ad
mitedly beyond their legal powers.
The situation in this respect is not
changed if an illegal public meeting be
called for the purpose Of issuing bonds as
obligations Of the county which the law
does not authorize the county to issue.
No voter need attempt by his vote to de-
feat an election for that purpose for it
can not lawfully injure him. The voter
may safely pursue his usual calling, un-
disturbed by the action of the few who
may vote in such an election. This is ex-
actly what the people of this county did
on the election called for the voting of
these bonds. Not one-tenth of the voters
cast any vote at either of those elections.
That the issue of these Brice .Coler
bonds was without authority of law, was
absolutely void, everybody but Mr.. Cat
ron seem to admit. Mr.. Catron, in his
now famous letter of the 3Oth of May
last, above mentioned, says: Gas mat
ter oflaw do not believe these Santa Fe
county bonds are invalid" but if he be-
lieved his own statement in that respect,
why did he abandon his constituents in
this county and strive 80 hard for con-
gressional action to validate these bonds!
But leaving Mr.. Catron to harm onize his
with his acts in this matter, it
is quite evident that everybody else,
from the holders of the bonds up to the
supreme court of the United States,
BELIEVES THE ISSUE ILLEGAL.
The decision of that court in Lewis vs..
Pima county, reported in 155 U. s.
81, is 80 clear on that question that any
Intelligent school boy can understand it.
Certainly no lawyer who can not under
stand that decision is mentally compe
tent to represent the wealth and intelli-
gence of New Mexico in the congress of
the United States. In that decision the
court does not stop with the declaration
that the municipal agents of county
have no power to issue such bonds for
such purpose, but it declares that the
territorial legislature has not the power
to authorize the county to issue such
bonde.
That Catron knew and willfully ignored
the sentiment of this county in urging
the passage Of these Brice. Coler amend
ments, and that he knew the law govern
ing the issue of such bonds is as certain
as 1t is that ne now knows it. Yet
he has not attempted an explanation of
his conduct. His present position on
that subject seems to be position not
for him to take. That is, "Yes, /
did it; what are you going to do about
itw Does any respecting voter in
this county with dollars worth of prop
erty want this kind of delegate in con-
gress to represent his interestss
II your children are subject to GROUP