El Paso daily herald. (El Paso, Tex.) 1881-1901, 1896-12-14
THE CITY SOLONS.
THEY MET SATURDAY NIGHT FOR
BUSINESS.
The Tax Suit Committee Report but no
Action was Taken, Owing to
Disagreement.

S Disagreement.
- The city council met last Saturda
= night pursuant to adjournment, to dis
- cuss delinquent taxes, principally
: Mr.. Stewart for the finance committe
n =, set to rights the O'Brien Coal company
Z matter by explaining that it was tn,
fault of the city scales which had beeI
= partly disabled by a rock being caught
between the frame and the platform
Mr. Stewart was authorized tt
publicly explain the matter over
: the signature of the finance committee.
Judge Coldwell of the ordinance
committee then presented the follow
ing report on the ways and means OF
collecting back taxes, although the
plan was not endorsed by the other
members OF the committee:
To the Hon. Mayer and city council
of the city of El Paso:
Your committee specially cousti =
tuted and directed to ascertain and re-
port as to the best methods of collect
ing the back taxes due the city beg
leave to report.
First, That since 1879 limi tatiou does
not run against the city so far as taxes
due it is concerned: there is therefore,
no necessity of any radical and hurried
action that might involve the usual
consequences of precipitancy.
| Second That the decision of the
| district court in the case of the city of
Ell PasO VS.. j. 2. Dieter does not go to
| the extent of asserting that the city
has no remedy to collect taxes by writ,
| but merely atfirms that the suits for
taxes heretofore brought are not in
proper form.
Third-We are OF the opinion that
the city attorney should at once file
such anne dments in one or more of
! the pending suits as will properly
present all of the questions involved
and forthwith press the same to trial.
| However decided, these cases will
probably be appealed to the superior
courts and when decision is had on
the appeal, if it is in the city's favor
the taxpayers will to a great extent at
! once discharge their obligations to the
city, and in any event it will furnish
light for our guidance. Associate
counsel should be employed to assist
! in these test cases. 1t is believed that
the expense of such counsel will not
exceed two hundred and fifty dollars.
The majority of the committee not
agreeing to the above, l submit the
same as minority report.
| The report, after discussion, was laid
over for further consideration on next
| Thursday night.
Judge Coidwell then offered this
report relative to the ordinance for the
1897 tax levy:
1st. That when the city water works
bonds were authorized in 1898, then
the city council enacted an ordinance
directing the levy and collection of a
specific sum to provide sinking fund
and pay interest thereon and to raise
that sum directed that an annual tag of
fifty cents on the hundred dollars or so
much thereof as might be necessary be
levied and collected.
End. That by the charter the city can
only levy taxes to the amount of two
dollars on the hundred.
3rd. That by the proposed ordinance
taxes to the amount of one dollar and
lars are to be levied.
4th. That the proposed ordinance
does not include any levy to provide
for the interest and sinking fund of the
city water works bonds.
9TH. That the levy to raise the above
mentioned sinking fund and interest
should amount to about thirty-hve cts.
on the hundred dollars which added to
the one dollar and seventy-seveu cents
proposed to be levied would amount to
two dollars and twelve cents on the
hundred dollars.
9th. 1t would thus appear that if
the levy of 1893 above spoken of is a
solid and subsisting levy, as to which
no opinion is expressed, the city has
exceeded its charter power OF taxation
and thereby imperilled the entire levy
for 1896.
eth. It is very doubtful if a city
without the express permission of the
legisla' can buy its own bonds. The
artesian we'll bonds have in effect been
attempted to be sold to the city. If it
is illegal to tax the citizen to provide
interest on and a sinking fund for said
bonds until sold to a person authorized
to purchase it would appear that the
proposed levy of five cents on the
hundred dollars for that purpose is
invalid.
Sth. Some objections can be raised
to the proposed ordinance so far as it
relates to occupation taxes but it is
suggested by the city attorney that
equal, perhaps, greater ones would pro-
badly be met with if drawn up in a diff
| ferent form. Your committee therefore
does not feel warranted in advising any
change in that respect.
9Th. 1t appears to your committee
| that the only way to put the validity of
| the proposed levy beyond all doubt is
either to repeal the ordinance author
! izing the issuance of the water works
bonds or to reduce the municipal
expenditure and to prune down the
! taxes to the scale of the expenditure.
| Any attempt to reduce taxation with
out corresponding decrease OF eX-
| penses would be but Il moci1ery ard
would entail greatly increased burd-
en- on the tax payers which would
| have to be met during the succeeding
! years.
The water bonds levy was the matter
which appeared to engross the attention
of the council most, and as no final
ending was reached, it was continued
until next Thursday night. Adjourn,