The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-11-14
WATER WORKS QUESTION.
Mayor HinkIe Offers a Lucid Explana-
ton CT the Delay in the Matter.

ton CT the Delay in the Matter.
Editor Record:-In view of the fact
that a.r. G.. A. Richardson has pub
lished one or two articles advocating
municipal ownership of waterwerks,
in which he say Oh at least leaves
the. impression, that the city can is
sue bonds to the amount of one hun
dred thousand dollars or more for
this and since you have ad-
vocated the same editorially, and ma
ny have the impression hat the am
cunt of bonds the city can issue for
this purpose is unlimited, I deem it
pest to offer the following opinion of
City Attorney Scott and ask you to
publish h same in full.
l wish to add that l am, and have
always been, in favor of municipal
ownership for w~aterworks, and have
advocated the same-but if it is a
financial impossibiity, as it seems
to be in this case, under the present
laws and at the present time, then L
am in my official capacity willing to
do the next best thing that offers.
While there has been nothing like
a complete survey or estimate made,
enough has beer shown to run the
amount necessary for complete water
works away beyond fifty thousand
dollars.
No proposition or franchise has
been submitted to the present council
-royili-- Co. x,ota.u,0rl-c o5oo,o+a
to the needs of the>eity, and our bond
issue being too small for the amount
necessary is the cause of the delay
in this matter. Yours very truly.
J. F. HINKLE, Mayor.
Roswell, N. M, May 81, 1905.
J.. F. Hinkle, Mayor of Roswell,
Roswell, New Mexico.
My Dear Sir:-Replying to your
request of recent date asking my
opinion ON the question whether the
City of Roswell could issue bonds for
the construction of a waterworks sys-
tenn in excess of her present bonded
indebtedness, and if so, in what
amount, l beg to advise you as fol-
Section 4 of l. Sapp Revised Stat
utes U. S. p. SOB, being Chap. 81S
July 30th. 1886, provides that no mu-
nicipal corporation in any territory
Of the United States shall ever in any
manner become indebted for any
purpose exceeding four per centum
of the value of the taxable property
within such corporation, to be ascer-
tanned by the last assessment for ter
ritorial n county purposes
This special limitation by congress
legislative powers is called in New
Mexico the Springer Law" and also
as the Harrison Act"
By an act Of Congress dated March
4th, 1898, the Springer Law was amer
ded 80 as to permit, authorize and
legalize the issuance Of bonds, in mu-
nicipal corporations in the territories
having a bona fide population of not
than one thousand persons, for
SANITARY and HEALTH purposes,
the CONSTRUCTION of SEWERS,
WATER WORKS, and STREET I'M
PROVEMENTS. This act removed
the debt limitation in so far as the
Act of Congress known as the Spring
Law applied to the issuance of
bonds by such municipal rpo
for the purposes mentioned.
Roswell was incorporated under
2476 to 2492 Compiled Laws,
1897. In 1899 the legislature of New
Mexico passed an "Act to provide for
the issuance of bonds in towns or
villages which have been, or may
hereafter be incorporated under Sec
tons 2476 to 2492 inclusive, Compiled
Laws of 1897" the same being Chap.
Laws 1899, which act was amend
ed by Chap. SO, Laws of 1901, and
and empowered cities, towns and vii
incorporated under the sections
above mentioned, to issue their bonds
n a sum not to exceed fifty thousand