The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1913-09-05
SUBSCRIPTION $I.Oo A YEAR

ci 600 allow the Legislature to consider
tue ,uuu'y salary question and other
pressing matters ia the event Oi an
extraordinary SESSION is worrying tho
- silent 600 .ur subject aud 1t - more
t.au I.....l. 'ua ar will await tue
decision oi 'Ir Supreme court before
,uhmg any action 'oward calling the
lawmakers together.
Inc cnec, OF Judge Medler s decision
II o. D., sustained Dy tue supreme court
u.g lt the Legislature FANS to alter tne
Jaw, 90 .- sand, VIII bee . place the tax
collector ,u so, position Of private
creditor puu tine assumption that
axes iuc are q legal obligation the rep
rcscuiujI>rs ui the state or cVuuty Or
o,urr taNiug authority may file ludivid.
uoI suns JgHu-. dcluqueuts, get Judg'
mru,, aud collect as ordinary Iudg.
mrut, ave collected, but this means, 1t
j., SAID, tna' aII penalties aud cos.s mere
toforc rNartcd from Delinquent taxPay.
cts mas, b, douc away with, the AK
valpt. 300 inr event vt judgment against
um. being ouly liable tor thc amount
found due together with interest mere
ou %; the legal rate tor the period Of
lu, delinquency Evening Herald
Iuc ubu,c s,,u, 20 be- 4 subtcrfuge
excuse ton au extra session of the leg
,eiutUrr and another sham battle over
a salary bu. 81 ,nc people 5 eI.
pcu,r. Wine url the supreme court viii
hold win uugc Mcdlcr remains TO be
sr"u.
Thu, that section of the 1913 act re-
peal, chap. - OF the session laws Of
1899. commonly nnDwu as the Duncan
TaN Law aud also Chap. l3i Of the 80 h
Legislative Assembly, but there are
certain l,yruu, laws contained in the
compilation OF .s9, which nave not
been repealed TO- Az! subsequent act
and are, therefore, ~ force. IL IS ab.
solutcly certain that there are laws II
ls95, respecting the disrain; aud sale
Of personal property 90 the matter Of
forced collection oi taxes. still IN force
aud lha there can be nothing but
puibnhug political tcchnralitics re.
~l,,r,iug the forced collection Of taxes
on real estate under he statutes of
lN"5 For instance the Duncan act re.
pcalrd certain sections of the compiled
! iaw> Of lS91 respecting the advertise.
mrut aud sale ot real estate 20 enforce
collections. uud enacted slightly lif.
fer"ui method OF procedure, Now the
l"l" zee. rrpraIs the whole of the Dun.
can see. which also rcpcals the repeal
OF the statutes OF 1877 10y said ~. aud
/ rciu>tatcs such laws aud parts OF laws
/ therein NOT ~ CONFLICT with the
1r. of l"li, which also provides for
| forced collection of taxes upon real ~.
+ tate IN "a manncr similar to the pro.
/ visions of the statutes Of Sg7 aud the
+ Duncan act OF 1899
The argument THAT the act mus,
| specifically provide that il was TO be
/ retrospective or the legal presumption
would br tina, :, was not 50 intended
/, D" tcrhnicalitv us childish a. would
bee The argument 4" hat the act must
! specifically provide that !, was 10 be
present and future active or the legal
presumption would be- tha, il was not
=" intended simply because IL does
lor specifically mention the years 1918,
l9l4, 1913, 1910 and 80 indefinitely The
truth ts that he operation of law can
developed facts or conditions and that
All is operations must be- with facts or
conditions that have developed taken
form or come into existence hence il
j. not that an act shall hc retroactive
in order that it may take hold Of de.
Ncloprd and formed facts and coudi.
tions against which i's operations are
directed.
II will he an easy matter for the su.
preme court 10 halt his latest attempt
10 further cmbarasS the state financial.
" in the interes, of petty politics, an.
other salary bin fiasco aud the ex-
penditure Of thousands of dollars ot
the people : hard earned money to cor.
rect a so-called error in the revenue
ac's OF 1919, hatched up by bunch Of
politicians whose sole aim is To swamp
the state financially and discrrdit the
present democratic state administration
True democracy will take cogni2ancc Of
thos~ things What the supreme court
will do in this ease remains 20 he seen.
Clayton Exchange,
A WARNING TO BOGUS CoLoNRLs