Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-12-19
TEST CASE BEING
MADE OF CITY
ORDINANCES
Legality Of Council Acts Win
Be shown in Courts and al
dermen Then Propose to
Enforce Their Orders.


The city counciI means business.
They propose 60 enforce their ordl-
nanccs regarding the sewer compui-
sorry connections and the collection
OF the occupation tan. Test cases
have been brought In each Instance
and will be pushed 10 final deter
imitation In order to ascertain wheth-
or or not the ordinance under which
the -cnses .haSs been brought are
legal and valid -
About two weeks ago suit was
commenced -ngafhF Judge n. cum
ninsham for having failed 10 connect
his premises With the sewer. The
case was brought before Justice OF
the Peace Walker ana on account OF
the apsnnce u tho fudge from the
city the case was continued until last
Saturday. nj which time II again
came on 10 be heard The defend
ant asked for an extension Of time
until the coming spring. giving as HIS
reason that he intended making
some improvements 20 his house and
n was impracticable 10 make The
improvements at this tie. as Il would
ncccssitase unroofing part of the
present structure und taking out one
end OF the bplidlng. and he did not
deem Il advisable 10 DO such work
white the weather remained ~ un-
settled and 60 make the connection ei
this time would involve the double
expense later on. The city argued
that he Ind the past two years IN
which to make the contemplated
changes and as this was test ease
they asked for d decision IN the mat
ter 80 that other de'ipqucnis could
be duly notified and connections
made. The court gave the defend
ant two weeks IN which 10 commence
ahe work Of connecting with the
city's sewer sysfsm Judge Canning
hum was seen BY representative os
the Argus this week and stated that
he would com ply with the court or
der That u has been his intention
of making she connection NIL OF the
time. but for reasons above glven he
had delayed TIE wnttv, awaiting fav-
orable weather conditions,
In regard 60 the collection Of the
occupation tax test case has been
filed against DE. A, X. Smith. About
q year ago the council took up the
matter Of assessing tax against each
Of the various hnetnees Interests In
the city ana alter a careful study OF
the pcal Conditions they arranged
what they co fsIisrcd lust. eqa,i-
able and eatiHfaciory schedule for all
Of the merchants aud the various
branches Of business. A - always
thu case IN sueh matters. there has
been ONE Objection raised 10 The
schedule and On some Instances some
few have refused absolutely 10 pay
the tax assesscd against them, TINS
haeod the lzatie and the city WAS
placed Ia The position nf being con-
PEELED 10 test TIE validity 81 the or
ainance. The defendant In this case
II one OF the towns well-io-do mer-
chants and II able 10 fight hls side
OF the case II he sees ~. The conu-
ca has played fair In the matter
and as one Of them stated, I'VE waEil-
"a 10 test the case fair and square
aud did not pfopose "a take advan-
tase OF anyone by nrinaing a suit
against any ~ the widows or orphans
n the ordinance viii hold water We
want 70 know u and the sooner u -
tried the bettes u viii be for the
town and an. We hope 20 reach an
enrgy decision IN she matter"