Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-08-23
IT is UP TO THE TAX PAYERS.
Judge McFe Grants Mandamus Di
recting Levy of Ten Mills on the
Dollar to Pay Judgments.

Spiess and Davis, Las Vegas att1r
neys, yesterday filed a petition in
the First Judicial District Court for
Santa Fe County, praying that a per,
emptory mandamus issue on the re:.l.
ton of Bird S. Coler and Elverton r.
chapman, holders of judgments for
delinquent coupons against Santa Fe
County obtained by them on Septem-
Der "a, 1900, in the sum OF $74,o5S,
ana In the sum of S60,926,
directing the said board of county
commissioners to levy a tax of ten
mills on the dollar of taxable proper
ty in the County of Santa Fe for the
payment of said judgments and interest
! thereon from date thereof the total
amounting to $92,724 and to
$75,794 respectively these amounts
including interest at five per
cent per annum to date Associate Jus.
tiee John R. McFie yesterday issued
Il peremptory mandamus commanding
the board OF county commissioners of
Santa Fe County to meet between this
date and August 31st, and make the
tax levy as prayed for by the petition
ers. The mandamus was served on
Chairman Arthur Seligman of the
board, yesterday. 1t is understood |
that the board will have an early
meeting to take this matter into con-
slderation, and to make the tax levy
Ihe examination of the records |
shows that the attorneys for Coler and
Chapman included in their petition for
the mandamus only the property of
the present county of Santa Fe, while |
1t is contended by attorneys that the
property In the precincts of Espanola
and Moriarty, which was cut from
Santa Fe County by the 35th and Both
Legislative Assemblies, should have
been included in their petition. Notice
is also called to the fact that on Feb |
ruary Z, 1901, the board of County |
commissioners made a levy of 80 |
mills or 1-5 cents on each dollar of all
assessed valuation in the county mt
mat time, for the purpose of paying
Lhe judgment above referred to, and
which judgments were made the basis
Tor the petition in the mandamus
granted yesterday by the court. The
payment of this levy made by the
BOARD, at that time, has been refused
oy the taxpayers, and has never been
paid. 1t Is held by lawyers that the
TACT OF the existence of the first levy
should be taken into consideration,
and If the levy ordered made by the
mandamus of yesterday is to be paid,
the levy made in accordance with the |
Judgment in October, 1900, should be |
vacated and stricken from the tax |
rolls. AS it now stands, this levy of |
1-5 cents on the dollar is valid and |
stands on the tax rolls against the
axable property of the county located
within its limits then and there.
On the other hand, it is claimed by
'ther attorneys that the levy made
" the court yesterday vacated the :
avy made by the County Commission 4,
rs on February 7th, 1901, and is vir- :
lally stricken from the tax rolls for
hat year. 1t Is said that 1t was the :,
ltention of the lawyers for complain
nts in this case to abandon the 1901
IVY and that no objection will be
lade by them, should this be done
nd ordered by the County Commits -
oners.
1t is proposed by the County Com. :" ',
issioners to lay these points before -
Ie court, and to ask for relief accord -
gly. le