Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-12-15
SUSTAINED THE LADIES
Judge Parker Renders Decision ID
Library Case,
MERITS or CASE BEING HEARD.

Ia the cas- Of the Albuquerque pub
lie Library association awsinsi the city
% Albuquerque and o. n. Marr0n. the
demurrer Of the defendants TO plaintiffs
complaint was ovcrruled by Judge Par
ker this morning. The defendants OF.
ferred 10 show further cause by filing
their answer showing the facts OF this
case but the Judge refused 70 permit
the same 10 be- done. holding THAI the
defendants had elected by filing their
drmurrer 60 stand upon the law of the
case and would not b. permitted %
show the facts. and thcreupon. Issued a
mandatory inlur ytlon commanding the
city TO return ihc books 20 said Library
association until the case could finally
be- heard upon IL merits. The defend
ants thcivupon hlrd their answer
which contains some interesting facts.
Il appears from Use answer among
other things, that by resolution ~ this
association on the 2nd day Of October.
1891, Il applied To the city council for
aid 10 support said library. A. orii-
nance for that purpose was introduced
In the city council aud wa lost twice.
because O. the opinion OF the city at
torncy that q tax In aid OF q private
corporation was invalid when Mayor
Saint left his chair and addressed the
council Ia favor of the ordinance PROM
lslng that the Library association
would obvlate the legal objection 10
said tax by conveying or turning the
library over to the city Thereupon a
motion 30 reconsider was entertained
as a aIa..N 81
adopted.
There WIS great opposition then 60
he ordinance from beth the pr,ss and
people upon the grounds that a tax IN
support OF private corporation was
Illegal. that thcreupon on the 18TH dsy
o. March. 1892, and before the vote was
taken upon the proposition by the poo
pie the Library association voted 20
turn the books over TO the ci;y, ~ ap-
pcar from the following resolution IN
their minutes
The proposition was then discussed
o. turning the library over 10 the city
council Motion % that effect was made
by Mrs Folsom. seconded by Mrs.
whitcman and was carried"
The Library association caused no.
ANif VI ANAH AiAAOn ~ " lNHfAAINtAA ~
the public press. and thereafter the OPP
position ceased. and the question Of
voting a tax for the support % the
Public library. which had become the
city's property. carried NJ the ensuing
April election.
Il appears from the foregoing that
the people OF the city OF Albuquerque
were not wrong IN their superstition
that In voting taxes for a public o.
brary. they we're voting them 10 an tn
stitution owned by the city. whatever
may be the technical legal status Of the
controversy.
T'he following taken from a report %
the Library association printed IN The
Daily Citizen. March &c. iss2. Il inter-
esssng.
The Library n doing a good work
and while the library aasociatlo has
given 70 % the city, the ladies viii
keep up their association, and viii
contribute funds for books and am
pr0vementa, the city not just al pres.
ens 70 take the entire expense Of man
aging &C. The one fourth mill asked "a
h. voted win pay the rent AMI some
thing towards lncidentah. Albuquer-
cue Ia bound 20 have hne library"
This merits of the case arc being ar
gucd before judge Parker this after
noon, and mist be concluded - 'hs
Judge can render his decision thi'
evening. a. he will leave tonight fo'
sturgis. Mich, on a visit 20 his mother
and his little daughter lie VIII be alb
sent from the territory until after ths
/ nrsl OF the New Year.