Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1896-01-07

lNoutfialoui toI Do entertained ny tno
last assessment of territorial and coun-
" taxop provlo b 70 the inousdng q
such indebtsdhs and ~ bcuds or Oh.
legations IN e1cc Of such mount given
By snch cOrpolh1 lon shall Be void"
ullnoio, Iowa dinnn and other states
have OCnstiiuiiq b~fosiaons similar "a
tho foregoing p un, and q form 9 nat.
iafactory COnolu % as 70 ne legal con.
stfuction b b. ven ire section under
consideration We must necessarily have
recourse 70 The adiudichtions Of tho
courts Of those states, upon their pro
via,ona OF limitation. and availing my
eelf Of their Judicial wisdom, I shall
endeavor 70 udyise you ~ to what I con-
ceive TO b ihelarapplicablo 70 political
and municipal Corporate indebtedness 10
this territory, aud the statutory limita.
tion thereof - abpliod 70 counties.
In 1.-THE first pltc6 what's the definition
OF -indebtedndsqp Webster defines
indebtedness" be placed in debt;
being under obh tion; held 70 payment
or requittaln Worcester defines Il as
"The state 81 Sing IN debt; indebt-
ment," and says g. q modern word, ro-
pated Of Ame6tAh origin, and not often
used BY Eualish writer's, yet Il 10 found
In the dlctionf Is Of Knowles and
Smart. Bougiort efnes a debt to be q
sum Of monoyads BY . certain and o.
press agrosuaR PONY Law Dict. 496,
while 9 NOR lsziOographef tells
ua that debA 1tV1ly5BHs
CATION Of the dSbtor 10 pay, but also the
sight Of the orSasiorto receive and en-
horOs paynsnt; Raby&L Law Dict
s5s. Other isgsl ~spthoritiss hold in
debtsdnots 70 be ; word 81 large mean
ing, and denotina almost every kind Of
poCuniary obligation originating in con-
tract; Norman !. Social Hanf. To-, u
II r. 1 t7b II includes liabilities Of
every sort, present and 10 accrue, Am. a
Eng. mo. Of Law, Vol. 10, ,. sea. Il is
an ugrssment to pay. money when no
suitable provision has been made for
the prompt discharge Of the obligation.
It covers orders on q city treasury, eve
for current expenses, when there are no
funds applicable for their payment,
Sackst '. New Albany, 80 Ind. d73, Val
pafaiso v. 'Gardper, 81 Ind. 1. It. in
cludss not only debts voluntarily con-
tracted, but every character, however
arising Allen v Clark, IN. Y II Cent.
Rep. az. IL embricos not only debts OF
record or judgments and debts by spec
ialty, but also all obligations arising IN
der simple contract to q very wide ex-
TENT ahd in it's popular sense includes
all thasl s due to q man under any form
Of obligation or promise. Gray Va. Ben
nett, 3Met0. sos In view of these Of
tationS It can not be doubted but that
the wod"lndebtedness has a well settled
meaning in law, and, in constituting it
with reference to the words "shall not
become indebted" contained in section
4, Of the congressional act, now under
confederation, we have only to apply the
principles laid down IN the several au
thorities hereinafter cited from the
United States supreme court and the
courts OF Illinois and Indiana.
A debt payable In the future, or pay
/, able upon contingency or the happening
Of sOne event, suth as the rendering o
service or the delsery Of property, a
well " q debt paya5le presently and ab
solutely, lie within The constitutional pro
/ hibition; and Il makes no diferencI
/ whether the dsbsbsfor current expense
or for something else. City Of Spring
field Vi. Edwards, 81 Ill, 626. Certif
Gates issued BY a city on which TO pro
cure temporary loans, stating that tn
city owes the holder a specified sum 0
r money, and promising or directing tn
{ treasurer to pay a, a specified time, o
otherwise, are evidences Of indebtedness
owing by the city, and it lie not essentia
) TO the existence OF a debt that it shaI
. be due at the timet is created. Law e
al vs.. The People, 81 Ill, ss5. When
I municipality shall have reached tn
!, limit prescribed by the constitution,
is prohibited from making any contrac
q whereby an Indebtedness is crsated,eve
9 for the necessary current expenses i
, the administration Of the affairs Of til
il~Rovernment Of the corporation, Prize
We. City OF Quincy, 103 Ill, 1873. Nj
Justice Mulkey, i9his opinion delivere
= in the last mentioned case, says;
= awhile the provision OF the c~onstitt
ton jpst cited declares in emphati
terms, that acity y other munioipalit
whose existing indebtedness already Of
ceeds the constitutional limit as was th
, case here, shall not become further il
debted il any manner or for an
I, purpose T. is ssdously eontended b
counsel for appellant that
municipality thus circumstance
may become indebted for supplies {
reet it's ordinary wants and necessities
To 90 oonstrue IhdconstitutIon would b
to add 8 provision, in the nature OF a
exception, to thekfcOnstitution, Whic.
the trainers OF tbst insttument did No
see proper to insert. This, e. Is we
settled by an unbroken current Of 81
thority, Is not Pormis1bls where ID
o language Of the laws clear and ambi,
uous, &c is the Oses horo, except whel
to give effect to The language used d
oording 70 its literal tormaRWould lea
10 TO q gross absurdity or manifest wron
t. or inconsistency, which courts will NJ