Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-05-20
THE MARTIN RELIEF LAW
The DEFENDANTS BRIEF AND
ARGUMENT HAVE nEEN GIVEN
TO JUDGE m'FlE AND TO AT.
roRNEVs FoR PLAINTIFF.

IOhNtNS FOR PLAlNIiFF.
The dofendants'hrief and argu.
mcni 10 the case Of Thomas n. Cat.
ron versus William q. Sargent as an.
dlior of public accounts. and John n.
I vaughn, az treasurer of the territory
being a petition for a permanent In
junction 20 restrain said auditor and
treasurer from carrying into effect
the provisions OF the Martin Flood
Sufferers Relief law, az passed by
The Thirty legislative assembly
and approved by the governor has
been given TO Judge John r. McFio,
before Whnm the case was heard and
who vii render his decision after al
evidence and argument 10 brought 10
a close, and 10 the attorneys for the
plaintiff.
Il Sc the theory OF the defendants
that the said Martin relief law can
De- sustained a. falling property
within the power OF the Legislature to
! authorize a debt 90 be- contracted on
behalf OF The territory TO meet
cnsunl deficit In the revenue This.
The plaintiff said. was not legal The
defendants refer the court 10 the de-
cislons rendered by The supreme
courts in several states IN the union.
which decisions upheld The stand
taken by said defendants. conton-
lion Ia the plaintiffs argument was
that the Martin relief law was Oh
noNious 20 section OF the Springer
act. In that q provided for the crea.
ton Of debt against the territory
not authorized by that section. A
part Of the section referred 10 reads
a. follows. That no law % any ter.
ritorlai legislator shall authorize any
dchi 10 be- contracted by, or on he-
half Of. said territory except In t.s.a
following eases 70 meet casual
dehclt IN the revenues; 10 pay the
interest upon the teri ltOrinl debt: 10
provide Tor ;he public defense, or TO
suppress Instructions" The defend
ants claim that the clause. 80 meet
a casual deficit In the revenues con
talnR the necessary grant of power
20 create the contested debt Tho
specific meaning OF The word "dcncit"
is, a deficiency In taxes or revenues.
"Cacnal" means occasionally. or com.
ing at uncertain tlmea "a casual
deficit IN the revenues. o.. therefore.
a deficiency Iu the revenues. caused
by an unforeseen and an unavoidable
/ NNA NNAA|ANAAANNH MNM ~ MNM vi NlNM
provision of The Springer act. the
debt can DO created against the ter.
rltory to meet tho eXigencics a.
called for In the Martin Flood snffer.
ers' Relief law.
Section 1 OF the Springer act pro.
vides that no legislature shall pass
local. or special laws for the assess-
ment and collection " taxes for ter.
ritorial, county township or road pur.
poses The plainun claims that the
Martin Flood sufferers Relief law Ii
ia violation Oi this section The dc.
PENDANTS say that the law was enact.
cd Tor the relief OF the food suiforeYs
OF the fall of 1904. without regard 60
where they might be located In the
Territory. Therefore. the conclusion
arrived at hy the arguments OF the
defendants ls that the Martin Flood
! Sufferers Relief law IL constitutional
and valid and that the mrds asked
for should be- given.
| =--.--=sss==as=
Walden Fawcett the representative
Of newspaper syndicate, ~ at Las We.
gas from Washington. y. g.. 20 write
up the fraterpHl city The young
man viii go fully into the question, 80.
curing Illustrations Of The town and
sanitaFlum location and al the infor.
nation available reeardine the cli.
mate, industries and resourcoss
I
Il has iust become generally known
among the friends and ardent support.
ers Of the Sisters OF Loretto. AZ Las
Vegas that the room Of one OF the
sisters was burglarized the other day.
In broad Daylight. OF several hundred
dollars. The money had Just hocn re-
coivod In payment OF back iution and
was much needed, as the sisters have
been making some expensive improve.
ments on their premises
Il
The Pennington Hustler says, Judge
| McFie has notified the attorneys In
the case that he has oyerruled the
demurrer of the town In the water
suit brought by G. A. McHcnry, and
has given the town thirty days In
which 10 fle an answer The case
viii now have to go TO trial on is
merits, unless Il d settled by arbltra.
ton, which would be the proper thing
Ia fln