Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-12-10
SUSTAINED THE LADIES.
Judge Parker Renders Decision in
Library Case.
MERITS or CASE BEING HEARD.

In b cas- OF the Albuquerque Pub
lie Library association against the city
% albuquerque and o. N. NJ trron, the
demurrer OF the defendants to plaintiffs
complaint Vas overrulcd by Judge Par
ker this morning. The defendants Of
fcrred TO show further caus by filing
their answer showing the facts OF This
case but the Judge refused TO permit
the same to be done. holding that the
defendants had elected by filing their
demurrer to stand upon the law OF the
case and would not be permitted to
show the facts, and t%hcrcupon, issued q
mandatory injunction commanding the
city TO return the books to said Library
association until the case could finally
b. heard upon Its merits. The defend
ants t~hereupon filed their answer
which contains some interesting facts.
IL appears from the answer, among
other things. that by resolution OF this
association on the End day OF October,
1891, II applied TO the city council for
aid TO support said library. Ar orii-
for hat purpose was introduced
In the city council and was lost twice.
because of the opinion OF the city at
torney that a tax in aid OF q private
corporation was invalid. when Mayor
Saint left his chair and addressed the
council in favor of the ordinance prom
lslng that the Library association
would obviate the legal objection to
aid tax by conveying or turning the
library over to the city. Thereupon a
motion 10 reconsider was entertained
and carried and the ordinance was
adopted.
There was great opposition then to
the ordinance from both the press and
people upon the grounds that a tax In
support Of private corporation was
illegal; that thereupon on the 18th day
Of March. 1892. and before the vote was
taken upon the proposition by the poo
pie the Library association voted to
turn the books over to the city. as ap-
praIs from the following resolution In
their minutes
The proposition was then discussed
~ turning the library over to the city
council. Motion TO that effect was made
oy Mrs. Folsom, seconded by Mrs.
Whiteman and was carried"
The Library association caused no.
ticc of this action to be- published In
the public press, and thereafter the OPP
position ceased. n the question OF
voting a a for the support Of the
Public library, which had become h
clty's property. carried at the ensuing
April election.
Il appears from the foregoing that
The people OF the city OF Albuquerque
were not wrong In their ~supposition
that In Vptlnu "a gaa IN. N n.slIl, n
brary, they were voting them to an in.
stitution owned by the city. whatever
may be the technical legal status OF the
controversy.
The following taken from a report OF
the Library association printed In The
Daily Citizen, March 26. 1892. Is inter
esting.
'"The Library Is doing a good work
and while the Library association has
given IL to the city. the ladies will
keep up their association. and will
contribute funds for books and Inn
provementH, the city not JUS, at pres
ent to take the entire expense Of man
aging IT, The n fourth mill asked to
be voted VIII pay the REM and some
thing towards incidentals. Albuquer-
que Is bound to have "A hne library"
This merits Of the case are being ar
gued before Judge Parker this after
noon. n must be concluded 50 the
Judge can render his decision this
evening. as ne win leave tonight for
Sturgis, Mich, on a visit 10 his mother
and his little daughter. He will be alb
sent from the territory until after the
first OF the New Year.