El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-14
made by law. with interest at the
legal rate, charge upon his proper

made by law. with interest at the
legal rate, charge upon his proper
ty.
AS this court holds that Art. 5232b
of the Revised Statutes OF 1895 is up-
constitutional and void in so far as it
allows interest on delinquent taxes
| prior to 1895 Except as We understand
in case where valid tax sale may
have been made) the state can recover
no interest upon such delinquent taxes:
no city in the state can recover inter-
est: and Ell Paso will go down, in so far
as this question is concerned, with the
state, and every county and almost
every city in the state
We cannot understand why the leg
| islasure, having control Ove- the affairs
of the state. and over the affairs OF the
various scounties and CT les which
it's will, could not, during
all of the years we have ment Oned,
have declared that delinquent taxes,
with interest upon the same, should he
a charge upon q delir quent's property;
and. havi g absolute control over the
| legi- lature could rot say that the PEN
atty prescribed by the constitution
should be modified and reduced in the
tax oqyer's favor.
We claim that this act of 1895 simply
deals with the matter of the charge
established by law against the prop 'rty
prior to the enactment of 1895, and by
it provision is simply M ds for dispos-
ing of the matter finally and ultimate
ly: and instead of requiring the state
and the various counties and cities of
the state to still hold the inchoate and
defeasio Die title of property acquired ut
tax sales, method WAS prescribed by
which the matter might be brought TO
an end, and by which the state and any
city coming within the provisions OF
the act, may proceed to have it's charge
| tanned and established, and by which,
after a proceeding in court, the matter
between the state, county or city and
any delinquent taxpayer may be set
tied.
1t must be noticed, however, that by
the judgment of the court establishing
| this charge against the property, the
matter is still not absolutely and Fl nally
settled as against the delinquent tax
payer, for even after his property is
sold uoder the judgment OF the court,
he still has two years in which to re-
deem it, by paying double the amount
| for which it may have been sid.
| (See Chap. 81, Tit. la of the acts #
1882
CoNCLUsIoN-We still contend that
| the questions raised by the appellant
pSCUluS ihO eoAOo lSNiCo AOi y 2 SUI.
port of tire public free schools of Ell
Paso, aud to pay the interest and pro-
| vide sioking fund for the Ell Paso
public school bonds, and to pay the iu-
terest and provide a sinking fund for
the Ell Paso sewer bonds, cannot be
raised in this collateral proceeding. Ell
Paso is at least q de fscto independent
school strict, AID has been such ever
since the spring of 1882, and has b. en-
recognized as such by The legislature
in the special charter of 1889.
The record shows that the sewer
bonds and the school bonds have all
been sold and are now OUTSTANDING In
the ba DIS of innocent par les, None
of the boad-holders, that is, none of
the persons who have bought and now
hold he bonds mention ID, are parties
TO this proceeding and have not had an
opportunity in this case OF asserting
their rights.
The judgment of this honorable court
heretofore rendered, of which we now
complain, will. as the court must know,
if the same is adhered to, destro the
public free school system of the city Of
Ell Pase;y~ and will cripple the city
fuHncially for many years TO come:
We are confident that its Judgment is
enron GUS and we respectfully ask that
this motion, although t o voluminous
probably, may be given q very pa'ieHt
cons liberation, and that a re-hearing be
granted as herein at first prayed for.
Respectfully submitted..
WILLARD PATTERSON.
Attorney for the City of Ell Paso, APP
pellee.