Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-07-31
TERRITORY
VS.. THE CITY
Custodian Board Refuses to
Take Out Building Per.
NIT for Garage
POLICE REGULATION OPPOSED
Final Hearing of Case Has Been
Set for August 10 Before
Judge McFie.

IN the district court for Santa Fa
the Territory Of New Mexico this fore
I noon secured a preliminary iniunc.
ton against the city of Santa Fe to
restrain the city from collecting a fee
OF fifty cents for building permit for
the construction OF a garage at the
executive mansion. The hearing to
determine whether the Injunction is
10 be made permanent has been set
for August 10.
| The suit is as follows:
Inc Territory of New Mexico on
the relation of its Capitol Custodian
Committee to-wit: H. S. Kaune. A. B.
Renehan and r. P. Ervien VS. The City
OF santa Fe, municipal corporation,
and Arthur Seligman, mayor and
Nicholas Sena, marshall of the city of
| Santa Fe.
The plaintiff for its cause of action
says:
l. That through its said Capitol
Custodian Committee 1t is proceeding
about the erection of a garage upon
the executive mansion grounds, that
is to say, the grounds surrounding
the official residence of the governor
of the Territory of New Mexico in
the city and county of Santa Fe.
2. That the said garage is being
constructed of stone, in a substantial
harmonious and fireproof manner, un.
der the supervision of competent
architect and stands at a distance
! from any structure of any kind and in
no way will be or constitute nuis.
ance to the public generally or to
any individual.
3. That the officials of the city Of
Santa Fe, particularly the said mayor
and marshal, represent that pursuant
to an ordinance of the said city they
are authorized, directed and required
ito demand the payment of a license
! fee as preliminary to a permit for
the erection of the said structure.
| 4. That the said Capitol Custodian
Committee has been requested by the
said mayor and marshal to pay such
license fee which amounts to 50 or
rs cents, which the said Capitol Gus
todian Committee as a body empow.
cred by law to maintain and equip
the Capitol building, the Capitol
grounds and the grounds surrounding
/ the executive mansion, have refused
to pay, and pursuant to such refusal,
the said officers have threatened, and
give out and declare that unless the
said fee is promptly paid, it will put
a stop to the work of the erection Of
the said structure and will arrest and
imprison the workmen engaged on
the erection of the said building.
5. That the Territory of New Mex.
!co is exempt and removed from the
taxing power of the city of Santa Fe
and the tax so demanded is in the
nature of tax upon the sovereignty.
if its exaction be permitted, which is
contrary to law and public policy.
6. That the Territory of New Mex.
leo does not refuse to pay, such tax
as a matter of niggardliness but as
matter of principle and for the DUR.
pose of maintaining the dignity of the
territory against unlawful encroach-
ments OF this kind, and the molesta.
ton and annoyance of its officials in
and about the conduct of their Offices
Particularly to-wit: the said Capitol
Custodian Committee.
Wherefore, the territory prays that
the defendants, their agents, serv.
ants, officers, employees, and privies.
be restrained and enjoined until tha
further order Of the court, from in
anywise interfering with the erection
OF said garage on the executive man
sion grounds or molesting or in any
way impeding the workmen engaged
In or about the construction of the
said building. ~
HARRY s. CLANCY.
Assistant Attorney General