Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-04-19
THE ARGUMENTS CONCLUDED.
Judue McFie Allows Parties In the
Martin Flood Sufferers Relief
Law Suit Time to File Briefs.

Law Suit Time to File Briefs.
In the case of Thomas B. Catron vs.
william G. Sargent as auditor of pub
lie accounts, and ]. H. Vaughn al
treasurer of the Territory of New Mex
heard before Judge John R. Nc
tc. chambers at the Capitol yes
Fie in --noon, Mr.. Catron conclud
terday afte. -. by pointing out an
cd his areumen, Martin Flood Sui
other defect In the - he declared
ferers' Relief Law whic,. law pro
is fatal to It's legality. The ~aA1
vides that the territorial auditor
levy the tax provided under its pro-
visions. This is in contravention, Mr..
Catron declared, of the Organic Act
which prohibits all special methods OF
taxation. The only permissible way to
levy the tax in question, Mr.. Catron
averred, was for the territorial audi
tor to certify the amount necessary
to the different boards of county com
missioners, who alone are authorized
to levy taxes.
District Attorney p. G. Abbott, act
ing as assistant attorney general on
account of the absence of Attorney
General George w. Prichard, in his ar
gument showed that a comma follows
the clause in the Springer Act which
excepts Indebtedness incurred for
casual deficits in the revenues from
the general inhibition against incurr-
ing any indebtedness by territories,
and therefore asserted that 1t was an
independent clause on equal footing
with the exceptions referring to In
debtedness for paying interest on the
public debt, for suppressing insurrec.
ton and for providing for the public
defense, each of which clauses Is sep
arated by comma, too, and that no
method of construction could there
fore make it clear that the first clause
should be subsidiary to the one fol-
lowing. He also quoted at length from
| a recent North Dakota decision to
show that legislative provision for the
supplying Of seed grain to farmers
made needy by great calamity, was
for a public and not for private
purpose, and that 1t Is an established
rule of law that courts should construe
| acts of the legislature to be constitu-
tional, whenever that can at all be
done by any reasonable Interpretation.
The court cannot presume that the
legislature has acted In bad faith nor
can 1t assume that 1t acted without
due deliberation or that 1t did not pass
upon this question of relief for the
food sufferers upon the fullest attain
able information and for the common
good, or that the thirteen counties
specified do not within their boundar.
les contain all of those who suffered
from floods to such an extent that
public assistance In their behalf is a
necessity.
Judge Abbott then concluded the ar
gument In favor of the defendants by
again pointing out that to deprive the
territorial legislature of the power to
i provide for such public needs as are
sought to be provided for by the Mar.
tin Law, would deprive It OF provid'
ing for the very power Of existence OF
the commonwealth.
Mr.. Catron concluded in his own be-
half by showing that the Martin Law
provides for a distribution OF funds
pro rata In certain counties and not
according to the needs Of the individ'
ual food sufferers in those counties.
To permit the construction upon the
third section of the Springer Act that
the defense sought to place upon 1t
would open wide the very flood gates
which the act seeks to close; 1t would
permit the legislature to create cas-
ual deficit whenever 1t desired In very
contravention of the rest OF the
Springer Act, which Interpretation o.
course, Mr.. Catron averred would bt
n absurd, for It would defeat the very
end that Congress sought when i
passed the bill.
Il Judge McFie gave the parties to th'
suit leave to file briefs, to advance an!
additional arguments and to cite tn
i, authorities each side relied upon
III Judge McFHe intimated that while h
\ is in complete sympathy with tn
purposes of the Martin Flood Suffer
/ ers' Relief Law. yet his present I'm
| preston is that 1t is unconstitutional
This. however, he said does not indl
cate what his decision will be as h
intends to go into the case carefull'
! and thoroughly aad Will take all tn
time necessary to examine all the AZ
, thorities that have any bearing upo
: the case.