El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-12-14
CORRECT THE JUDGMENT.
The Citys Argument in the Motion to
Rehear the Tax Cases.

| III I'LL
The City Argument in the Motion tC
Retear the Tax Cases.
| TContinued from HERALD Of Dec. 10.
SECOND.-This homo aba court err-
TT d in hold ng that the taxes levied to
paw tn intert st %, and prOvloe a sin k
| ing fund fer, the E PasO sewer bonds.
wese illegal upon the grouud that the
lie, les W. re excessive in pr 'v1d,n for
the collection of a tax of mere tRan
two per cent upon the principal repre-
nted by the bonds. No such point
was made in The appellants pleadings
in he tri IL court and no such poi 1T
is raised by any Assignment of error.
A | IF the provisi >n5 of the charter of
1873 IRE necessarily abrogat-d by the
arter of 1889, and in the i'm position
If taxes the city of Ell Paso is n now
controlled by the charter of 1873 but is
control ed by The constitution OF 1876
a. d tt, e charter Of 1889
STATEMENT.-It vas admitted that
the Ell .Pa,O city sewer bonds were
ana tn At said bonds wee shown to be
va id end legal, if valid bonds could be
issut a accordance with and based
up IN tie ordinances, elections and re-
solutions introduced in evidence.
Trans. p. 59). These sew bon Is
we issued under the PROVISIONS of the
charter of 1873 acd the laws IN force in
1889, acd were issued not long prior to
the adoption of the new charte r of the
city of Ell Paso, in 1889 Trans. p. 59).
Twenty tho Island dollars of the sewe-
bonds are issued. for the purpose OF
constructing, laying and main tanning
sewers. etc. (Traus. p. 64). And 1t
was ordered that each bond should
sp city the purpose for which 1t was
Issued. Grams p. 81. The form of tie
bond ordered by the city council
shows that every bold stated that toe
purpose for which it was issued was
that of co astructing and laying sewers,
and estab ishing system of sewerage
in the city of Ell Paso, and recites all
that is necessary 20 make it legal and
va id in the ha' DIS of an out -ide party
Trans. DID 66 67) The order sof the
city council of March %, 1887, provides
that the bonds shall bear interest at
the rate of seven per cent from the
first day of April, 1887, payable semi
annually. (Trans. p. 6o). The bonds
were to run for twenty years and were
by The terms redeemaole at the OPP
ton OF the city at any time alter the
expiration of ten years from the first
day of April, 1887. Trans. p. 6S.) To
provide per manent sinking fund for
the paymeLt If the interest and at least
five per ceat of the principal of the
bonds al annual al valorem tax of a
suffi ci+nt sum on the 500 worth of
property was provided for. Trans. p,
65)
MARKS.-In the appellants ninth
! assignment of error be oily makes
the point that tie e. PasO sewer bonds
W, re void BECAUSE the city had no au-
thority to issue tse same, and this
uOins is d cided against b III by the
judsm Mt of this cour-
La hi, 10th assignment of error he
ONLY mek the point that he sewe
b, nds were void because the question
of the issuance Of said bonds was never
submitted 20 the qualified voters of the
city of Ell Paso and this point was de-
cid, against him by the judgment OF
| tt is court.
In his 18th asst gnment of error he
only makes the point that the sewer
bonds were void because the evidence
shows that at the time of the creation
of the debt evidenced by said bonds no
provision was mad to assess and COL
iect annually sum suhicl- mt to pay
the interest thereon ana-te-efeate q
sinking fund 10 redeem the same. And
he says thai the only provision made
fund at the time of the issuance OF
said bonds was for the collection
of an annual tax therefor sufficient to
pay said interest and to raise five pc T
ceat Annually of the principal OF said
bonds as sinking fund, and the city OF
Ell Paso under it's charter then in force
had power to prov de for the collec ION
of two per cent annually rs a sinking
fund, mel sher more nor less. Ard he
urges that the bonds are void mot tn at
any tax levied by the city council is
exec ssive) because the city council in
1886 in attempting to provide sink
lug nd of five per cent, violated the
law.
In bis 18th assignment Of error he
only rail- es the point that at the cleo
ton held to author ize the making Of
the loan evidenced by the sewer boads
che purpose of said loan was not
point is decided against him by this
court.
There is no other assignment OF err
ror bearing upon the leg Atty of the
tax levied to pay the interest and pro
| vide sinking fund for the Ell Paso
sewer bonds The appellant, in the
court below, and in his brief, at
tempts only to sustain the position
tina. the Ell Paso sewer bonds are
void.
But we say, with all due respect,
| UUdb tuSI 10 uO SlOoho III Vhio SouA c
holding that the taxes levied by the
city council for the years mentioned in
the ppsllee'S petition to pay the
intere st and provide a sinking fund for
the sewer bonds, were excessive:
The courts argument based upon
TIE provisions of sectiQ u ~ of the old
charter of the city of - Paso. passed
in 1873. i. falacious. Section ~ OF
the Old charter simply declares, that
when any Dor DIS are issued By the
city fund shall be provided to pay the
interest and two per cent per annum
upon the principal as a sinking fund tC
| redeem the bonds
We maintain, in the first place, thai
this doc not me ID that sinking funG
of exact v two per cent per annum or
the principal shall be provided ANY
hiking fund over two p cent would
b a sinking fund of two per cent
This section % of the old charter
dos not declare that the bonds sha'
run for fifty years, and if the posi- ior
that the sinking fund could be only
two per cent is the GORE ct one. it would
be impossible to redeem the Dor DIS II