Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-08-02
DISTRICT COURT NOTES
Decioions in Several Important Gases We're
Handed Down in District Court Today
by Judge John R. McPie.
A SUIT INVOLVING WATER RIGHTS

In the case of DR.. David Knapp VS..
A. r. Gibson ct al, Judge McFie sus-
tanned the motion of B. M. Read, attor-
ney for the defendants, to quash writ
of attachment that had been served for
debt of $100, but ruled that the de-
PENDANTS, having failed to answer the
complaint as to the debt issue, default
and judgment shall be rendered against
them. A motion by the attorney for the
defendants to set aside the default and
judgment was overruled, but by con-
sent of counsel of the plaintiff the de-
fault may be set aside and the case
stand for trial.
A WATER RIGHTS SUIT.
In the case of Jose A. Rivera ct al. VS..
The Pueblo of Nambe, a suit involving
the distribution of water between the
Indians and others to whom Indian
lands had been conveyed, and as to
whether the present law declaring COM
munity acequias corporations and pro-
viding for the election Of mayordomos,
ETC., had any application to the Indians,
and whether the Indian acequias are
governed by the territorial law, Referee
w. H. Pope filed his report, to which
exceptions were taken by the attorney
for the defendants. Judge McFie over
ruled the exceptions and ordered a de-
cree entered in accordance with the
findings of the referee, who found that
the Indian bitches are subject to the
law, and had to be governed by the
law, and also indicated a method for
the distribution Of their water. This is
an important case, as the Pueblo In
dians have always maintained that
they are not subject to the territorial
acequia law.
EXEMPTION OF TAXES.
In the case of the Las Animas, La
Plata and San Juan Irrigating Canal
Company VS.. The Board of County
Commissioners of San Juan county. an
action to rebate taxes, Judge McFie to-
day decided in favor Of the defendants.
The ditch of the plaintiff was con-
structed under an act of the legislature
of 1898, which exempted all such bitches
and canals from the payment of taxes
for six years. The plaintiffs repaired
and enlarged the capacity OF their ditch
after the six years had expired, and
claimed further exemption from taxes
under the provision of the act of the
legislature which provided that bitches
heretofore constructed might be exempt
from taxes the same as new bitches
thereafter constructed, where their ca
pacity was enlarged. The court held
that a ditch to secure an exemption
from taxation by the enlargement Of Its
capacity was limited to bitches In ex-
istence prior to the passage of the act
Of 1893, as indicated by the word "here-
tofore." and had no application to
bitches which were constructed after
| the passage of the act. Therefore, the
plaintiffs are liable to taxation upon
their ditch which was constructed after
the passage of the act.
COUNTY RAILROAD BOND SUIT.
The suit of Bird s. Coler and Elverton
r. Chapman ct al. against the board OF
county commissioners of Santa Fe
county was before District Judge Nc
Fie yesterday afternoon on questions
raised by District Attorney r. c. Gort-
ner, and to which demurrer had been
filed by Judge N. B. Laughlin, repre-
senting the plaintiffs in the case. After
mature deliberation Of the numerous
points of law, technical and otherwise
raised by the countys legal representa-
tive, Judge McFie ruled that they were
res adjudicata, and sustained Judge
Laughlin's demurrer. This action clears
the way for bringing to trial on its mer-
its, probably at the September term OF
court, the case of much Importance te
the county 1t is q suit for judgment
against the county for some $115,000 de.
faulted interest on county bonds ISSUED
in aid Of the construction of the Texas
Santa Fe & Northern, and the New
Mexico & Southern Pacific railroads
now the Santa Fe Southern and Sants
Fe-Lamy branch Of the Atchison, To
peka & Santa Fe system. The bond'
bear date of 1891 and 1892. The recort
in the case Is the most voluminous evel
filed here, comprising 1900 pages O
printed matter. Suit Is brought on eacl
one of the interest coupons in default
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