Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-12-19
COUNCIL RESC|NDS.
CEMETERY ACTION
after HEARING
City Fathers Play Odd and
Even With Plan Of Local
People to Establish Burial
Place South Of Town.

Needing the prayer OF a number Of
residents OF the south highlands, the
city council Of Albuquerque last niEht
refused to ratlfy Ia former action in
granting permission TO promoters.
necessary 10 establish n new cemetery.
The promoters OF the proposed bury
ing ground asked authority 20 eatab-
llsh city Of the dead some few blocks
south OF the city limits. This permis-
sion was granted By the council some
weeks ago. Objections being made BY
near residents. the council last night
resclnded its former action. This
means that the cemetery will not be
established as proposed. When tho
petition OF the cemetery promoters
was first presented 10 tho council. q
was referred 10 the board of heaitn.
which approved Il.
There was n large number OF res
idsnts from the southern portion Of
The Highlands. She section most anect-
cd aid which made the protest. presn
ent last nlEht. and added their moral
support to a speech made In their
behalf by Attorney ~. u. Cornell.
Mr.. Cornell made lengthy address,
hasing his opposition 20 the establish.
ment Of tho cemetery an the ground
that Il would depreclate the value Of
tho surrounding land. and would be a
menace 10 the health OF near rcsi-
dents. He aiso said the water from
accompanying bodies would contaminate
the wells Of people lower down the
hill.
A report from the nrc committee
was made. saying that the new alarm
system had been Installed and waa
working well, and recommending that
tho contract price. te7ss be paid to
the representative Of tho company IN
town.
Tho recommendation was accepted,
the IRE alarm system was formally &C.
ceptcd by the city. and warrant for
that sum ordered drawn.
Mayor J. w. Elder entered, as re-
quested az previous meeting. his rea-
sons for not signing the paving cons
tract. by general consent. u wns
agreed that these should be read the
council at the next meeting.
The mayors statement follows.
Gentlemen Of the council;
some reasons for refusing to sign
the paving contract are as follows;
The right OF the mayor TO have an
attorney has been ignored since
have been In ofiice. Consequently
have been without advice ~ to the Lee
suiity OF the various steps taken In
the legislation on paving. ! have also
boon without advice on a number OF
questions which arise In connection
with such a contract. For instancei
LIST. As to the validity Of the law
OF 1903.
gnd. A. 10 the c0ntrnc, itself. I,
ia lengthy document aud involves .
numoer Of points.
srd. As 60 the bonds offered--to
know Just What security II given. ana
Just what II guaranteed.
4th. As 10 the company receiving
| the bid II would be desirable 20
know n number OF things. among
them 10 know whore and upon whom
service. which would be effective.
could be made.
whether the mayor II signing con-
tract. thereby making II effective and
putting II into force. ASSUMES a full
HHtFt VI Wv 10 lfhA"Atthfhl W
In signing the contract. he does 10
with absolutely no responsibility. and
whether this duty can be delegated TO
another. and whether n contract sign
ed by another so delegated. Ia legal
binding document To the terms OF
which the party OF the other part can
he held to strict observance. are
| questions which cannot answer, and
l viii not spend money 90 have them
answered by the courts.
So not knowing whether the law
under which the work Il being under
taken has been repealed by the law Of
1909 or not. not knowing what the con-
tract contains. not knowing what se-
curity IL given the city for the proper
fuldllment Of the contract. and not
knowing what responsibility the mayor
ASSUMES In signing q contract, 7 have
refused TO aisn the contract betweer
the city Of Albuquerque and the Texas
nitulithic company.
J. W. ELDER.
Mayor.