Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-08-29
COUNTY ASKS HEARING.
In Matter of Mandamus Ordering 20
Mills Levy to Pay CoIer and
Chapman Judgments.

In the matter of the writs of man.
damus granted by Judge John R. Nc
Fie on August % on the relation of
Bird S. Coler and Elverton T. Chap
man, of New York, holders of judg-
ments for delinquent coupons on
bonds of the county of Santa Fe, and
in which the Board of County Commits
sioners was directed to levy a tax of
twenty mills on the dollar ON all tax
able property in this county for the
present year, and in liquidation of
the judgments, namely 4091-4092,
amounting respectively with interest
to $92,724 and $75,794, the county of
Santa Fe by It's district attorney, e.
c. Abbott, has filed a petition for a
hearing and for re-opening, citing the
following as reasons for the petition:
On February Z, 1901, a mandamus
was granted by the First Judicial Dis
trict Court for Santa Fe County In
cases Nos. 4091 and 1902, Bird S.
Coler and Elverton T. Chapman, COM
plainants, owners of delinquent cou-
pons of the county of Santa Fe, to |
levy tax of 80 mills or Is cents
on each dollar of taxable property in
Santa Fe County to liquidate the
amounts in the judgments, which man
damus was complied with by the coun-
ty com / 'ssioners and a levy made up-
on the tax rolls for the year 1900.
The said levy was certified by the
board of County Commissioners to the
collector OF Santa Fe County and he
was directed to place the said levy
upon the tax rolls of the county ard
to proceed Immediately thereafter to
collect the same in manner as pro-
vided by law.
The levy of February 7, 1901, was
made to cover all the property of
Santa Fe County then within its linn
is, including the property in the Es-
,anola and Moriarty precincts since {
'ut from Santa Fe county and added l
o the counties of Rio Arriba and Tor {
ance, respectively.
That the levies of twenty mills on :
he dollar ordered by the First Judi. II
ial Court of Santa Fe County to be e
made by the County Commissioners d
or the present year is already covered
" the levy OF s 1-5 cents made and n
arrila out on the tax rolls on Febru-
ry Z, 1901. a.
The County Commissioners have .
lone their duty in the p, emises and II
he collector is the proper official to 81
'nforce the directions in the mandam- q
IS granted in February, 1901
The additional levies of twenty mills l
IN the dollar directed by the writs Of
nandamus in the cases ordered on
august 23d, last, is unjust, unfair, op-
,ressive and ruinous to the business
interests of the county and that the
roper remedy for the complainants is
irst to exhaust their legal remedy,
which is the collection of the levy of !
1-5 cents on the dollar made Febru- =
ry Z, 1901.
district attorney Abbott in his Pc l,
tion recites that respondents are en- -
tied to be heard as to the amount of n
IVY necessary and whether any levy y
t all should be ordered, there existing &C
pom the tax rolls legal and ade- a.
uate levy to pay the said judgments =.
therefore respondents pray that the - -
order be suspended herein -,
nd that they be permitted to show 'e
iuse and be heard before the said
rder and writ is made permanent. al