El Paso herald. (El Paso, Tex.) 1901-1931, 1910-03-23
LINCOLN COUNTY'S
FIGHT OVER THE
COURTHOUSE
Considerable Feeling Has
Been Engendered Over
Effort at Removal.

The fight between Lincoln and Car
rizozo for the county seat OF Lincoln
county New Mexico, Is in no wise dl-
minishing. but on the contrary. appears
TO be getting hotter. The people OF
Lincoln have filed suit in court to test
the validity of the act under which the
removal was voted and have even taken
steps to have congress repeal or dis
prove the bill. The people of Carrizozo,
however. are confident of the validity
of the measure and also have the back
ing OF the attorney general OF the ter
ritory in their fight, he having declared
that every move has been legal the
Carrizozo people point to the large ma
jority in favor of the removal of the
county seat to CarrizoZo as an illustra-
ton of the sentiment of the voters OF
the county in favor of removing the
county seat and courthouse to rail-
road; at present, with the county seat
at Lincoln, many voters claim that IT Is
so far removed from railroad transpor-
tation that it is a great Inconvenience
and burden to transact business or at
tend court there
The Lincoln and Captain people have
sent The Herald a statement of their
side of the case, which follows:
Lincoln. n. NJ, March z.
Editor FL Paso Herald:
Two of the county commissioners for
Lincoln county (the third one dissent
ing), have submitted TO the attorney
general of the territory, statement
based on their point of view, as to the
legality of their actings and doings to
issue bonds for $500 to build a court
house and jail at the extreme west end
of the county, at the town of Carrizozo-
The opinion rendered by the attorney
general has been published in full in
the Carrizozo News, for the purpose of
creating public opinion in favor of Car
rizozo. and in aid Of those in Carrizozo
who have townsites TO sell TO the public
The people of the town of Lincoln
and those residing on the east side OF
| the White mountains. have suits pend
ing in the courts that will finally de-
| termine the legality OF the proposed
bond issue, and all moves in an effort
to move the county seat away from
| the historic town Of Lincoln.
1t seems somewhat strange to the
| people here that the attorney general
| of this territory, knowing that such
suits are pending in court will in ad-
! vance of court decision, render an
| opinion on these cases
The attorney general even says in
| his opinion that council bill No. Sc, I'M
! der which the attempted county seat
! removal is being made, is a lawful en-
| actment and he cites Pennsylvania
court decision TO sustain his contention.
If the honorable attorney general will
| take time to read and study the decision
of the supreme court of the United
| States, Field V Clark, 143 L. s.. re-
| quiring an enactment to be signed by
! presiding officers, he may change his
/ opinion as to the legality of council bill
! No. Sc, and if he will further study
| state court decisions he will find that
| in all the states where as in this ter
| ritory, the common law is the rule of
practice and decision, that the journals
! of the council and house cannot be
| looked upon to determine the means
used to pass an act through the legis-
| lature. but instead, in a judicial in
| quiry TO determine the validity of an
act. the original bill on file in the sec
retary's office. is the sole exposition or
| it's contents, and any evidence other
| than the original bill. as to the method
! of its passage, is not admissible. Peo-
! pie V. Devlin. 33 y. Y. 2S9; IS Am. Dec.
/ 81 People V. Chenango County. N
Y. 327. Rumsey V. New York. ETC. r.
! Co. $50 n. Y. 80. Sherman v Story,
| 80 Cal. 253, 275; SO Am. Dec. 80; Peo-
| pie V. Burt, 43 Cal. $50; Pacific r. Co.
V Governor. % Mo-, 500; Sc Am. Dec.
673- State ". Young. 80 n j. L 20; Will
liams V. Taylor. 81 Tex. SCI.
There has been introduced in the
T, lower house of congress and referred
| TO the proper committee. a resolution to
| annul and disprove the enactment
! council bill No. Sc. which the attorney
general in his opinion, pronounces to
! be a fair and wise law
| If 1t is fair and wise law we wish
to ask why did the people of Sierra and
other counties in this territory, ask
| congress to set it aside as vicious leg
| islation enacted at the instance of town
site boomers for their personal aggran-
| diZement?
Captain and Lincoln Committee.
By J. ]. Aragon. President