Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-09-01
JUDGE McFlE ALLOWS APPEAL.
To Territorial Supreme Court in Man.
damus Proceedings Instituted BY
Coler and Chapman.

In chambers last evening at $50
O'Clock, Judge John r. McFie heard
arguments upon the motion for an al
lowance of an appeal to the Territorial
Supreme Court from the judgment
granting a mandamus directing the
county commissioners of Santa Fe
County to levy tax of twenty mills
on the dollar Of taxable property for
the satisfaction of the Judgment for
delinquent coupons on Santa Fe
County bonds held by Bird S. Coler
and Elverton T. Chapman which man
damus was granted by the court Au.
gust 22d last The appeal was al
lowed and the case will go to the
January, 1906, meeting of the Terrific
rial Supreme Court. The appeal acts
as writ of supersedeas and there
fore the county commissioners will not
make the levy directed by the man
damus In the cases at issue. This will
give the county commissioners time
in their endeavor to effect a settle.
ment with the bond and Judgment
holders of the county. 1t will be re-
membered that for two years past
strenuous efforts have been made in
that direction and that Chairman Ar
thur Seligman of the board has twice
visited New York for the purpose;
however, without success. Another
strenuous effort for compromise will
doubtlessly be made in the near future
District Attorney E. G. Abbott and A.
B. Renehan, ESQ., appeared for the
county and the tax payers and deserve
great credit for their services in the
case. The order of the court reads as
follows:
"ln the District Court of the First
judicial District of the Territory of
New Mexico, sitting within and for
the County of Santa Fe.
The Territory of New Mexico on the
relation of Bird S. Coler and Elver-
ton T. Chapman, Petitioners, VS.. the
Board of County Commissioners of
the County of Santa Fe, and the
members thereof, to-wit: Arthur
Seligman, A. l.. Kendall and Jose
Inez Roybal, respondents.
Order Following Appeal.
Now on the 31st day of August, 1905,
this said cause coming on to be
heard on the motion of the respond
ents heretofore filed herein for the
allowance of an appeal to the Supreme
Court OF the Territory of New Mexico,
the REALTORS being represented by S.
b. Davis, Jr., Esq, and the respond
ents being represented by E., G. Alb
bott, district attorney, and A. B.
Renehan, Esq, and the court having
heard the arguments of counsel and
being now fully advised in the premis-
es finds that the said respondents are
entitled to an appeal to the Supreme
Court of the Territory of New. Mexi.
co and that said appeal shall operate
as supersedeas to stay the execution
of judgment requiring the respond
ents to make levy as required by
said judgment in said cause and that
no bond be required of respondents,
the judgment being against the coun-
ty of Santa Fe.
ut is therefore ordered, considered
and adjudged by the court that an ap-
peal be had and the same is hereby
allowed from the judgment of this
court herein to the Supreme Court of
the Territory of New Mexico by the
respondents herein and that said ap
peal shall operate as supersedeas to
stay the execution of the said judg-
ment requiring levy by the respond
ents as specified in the said judgment
and that no supersedeas bond be re-
quired herein.
JOHN R. M'FIE, Judge, Etc"