Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-22

FOR the OF specified amounts
of money to certain organized fire
companies throughout the territory.
Up TO the time of the passage OF
this act, these Insurance monies he
been distributed among the various
fire companies in proportion TO the
mount of insurance premiums paid
BY the property owners in cities and
villages. either Incorporated or unin-
~eornorated. and the passage of hts
act did not affect those fire companies
not especially provided for or men
toned IN the bill and many of the
fire companies throughout the terri
tory were omitted from this appro-
priation and were still under the old
act which based the amount of money
they should receive upon the basis
fixed by the distribution Of 1904.
while IN santa Fe u short time
after my attention was called to this
matter, | made some investigation and
found thai as the bill was originally
introduced. il provided for the appro-
priation by the Legislature Of five hun
bred dollars to the American Lumber
company fire company; that this hii
was referred to the finance committee
of the upper house OF the legislature,
OF which | believe Mr.. Hanley was
chairman. This bill WAS later referred
back to the legislative council and
passed. by that body, but as it was
finally passed, the American Lumber
company fire company was eliminated
theretrom. leaving II in the same cate
CORY with the fire company of Por-
tales, and several other towns in tn
eastern part of the territory having
regularly organized and we'll equipped
fire companies.
Il then set about to find some FEM
edy for the American Lumber com :
pany fire company, by which they
could secure the amount Of money due
them from the Insurance fund The
commissioner of insurance informed
me that the attorney general had rec
commended to other fire companies
who were not provided for. that they
proceed under the old law by bringing
mandamus action against the terri
torial treasurer and that In order TO
save expense, L these fire companies,
the attorney general. ! was informed,
offered to look after the matter for
them without additional expense.
II reported his matter to e. w.
Dobson. attorney for the American
Lumber company, on the same day
hat 1t was suggested to me. / later
recommended this action TO John II
Mitchell and another member of the
American Lumber company fire COM
pany and suggested to them that II
ME-. lJIDSl MtE loo Ol9N ~ aitAflAa ~
this matter for them, with Mr.. Doh
sons consent, / would prepare all nee
essary papers and do everything nee
essary TO get this matter properly be-
fore the court without any expense to
the fire company.
Il was called upon to do this matter
at a time when | was busily engaged
in court and asked them 10 see Mr..
Dohson again or il they would wait
.,NF{I I uTac ar 1nicnrq xynlil1 AtttnI
TO the matter. l heard nothing more
from the representatives of the
American Lumber company fire COM
pany for some little time and | again
called their attention to 1t and sug-
gcsted TO them that / was willing 10
take the matter up, but did not Zee
like doing so until requested by some
person authorized to represent the fire
company.
Il am Informed that the regular at
torney for the American Lumber COM
pany had never filed this suit to Sc
cure the money due them.
ION the night of March T. 1910,
after the petition above referred to
had been presented to the city coun-
ell, | discussed the matter at some
length with Mr.. Mitchell and Bernard
Jacobson, acting secretary of the fire
company, at which time | explained
the position Of the city in this matter.
| again rendered my services for the
preparation of the necessary papers
10 secure the money due them from
the territorial treasurer.
Il was then directed TO proceed
with the preparation of the papers
upon the promise that they would APP
pear at my office on Wednesday att
ernoon At . o'clock, March .. TO sign
the papers and authorize the filing of
the same. ] was to considerable labor
and expense in the preparation OF
these papers. but prepared them on
Tuesday ready for the signatures o.
the proper officers of the American
Lumber company fire company. The
representatives Of the fire company
failed t. appear n the papers are
still in my possession unsigned.
Il called the attention of Mr.. Mitch
ell and various other members of
the fire company to this fact, but up
to the present time they have not APP
peared to carry out their part of the
agreement. / feel that the mayor and
city council have done everything
possible to protect the interests Of the
fire company of the American Lum-
Der company.
Upon the question of the legal
right of the city council to grant his
petition, / would say in he first
place, the bill passed by the legisla-
ture was q bill for the special appro-
priation of these insurance moneys.
They appropriated twenty-five hum
dred and fifty dollars to the Albu-
querlue fire department. This APP
preparation had no more reference TO
the American Lumber company fire
department than did the %appropria-
ton made to the Las Vegas fire de-
partmsnt ana effected the legal rights
of the American Lumber company fire
company just as little.
THE American Lumber company
fire company is an organization out
side of the corporate limits of the
city Of Albuquerque and h CITY
council has no right and is absolutely
prohibited from the appropriation of
m to be expended outside of the
city, except for sanitary purposes and
the construction OF highways. and
therefore have no right to appropriate
any part of this money turned over to
them By the act OF the legislature
more than they would have the right
to appropriate any other funds of the
city ioY any outside enterprise.
The contention hat five hundred
dollars ut the money appropriated to
the Albuquerque fire department was
intended for the American Lumber
company tire company could receive
no recognition from the city council
OF Albuquerque because the legisla-
ture is to have foreseen the result OF
acts. and IL they made this mis-
take ir the appropriation OF funds,
the city council has no power TO cor