Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-08-01
WAY To FINISH
HALL IS SOUGHT
BY COMMITTEE
Supreme Courts Decision ADJ
verse 10 AIbuQuerQue'S In
tereSts Presents Problem to
Mayor and Council,

Mayor and Council,
Hope that the state supreme court
might point out way for the city
to obtain money 90 complete The city
nan, was expressed last night hy
Mayor u. II. Boatrght. This state
ment followed meeting of the city
han building committee yesterday
evening az the council room after
which the announcement @as made
that the committee had no plan IN
sight for arising enough money to
put the incomPleted building In
shape for occupancy
The ctys chances for getting a
loan appear TO have diminished with
the decision handed down yesterday
Afternoon by the supreme court at
Santa re. holding the councils con-
tract with the American Trust a.
Savings bank ILLEGAL The announce
mcnt following the committee meet
ing In the face Of the report that a
public-spirited citizen. whose Identity
was not disclosed would lend the
city money at least, indicated that
Wants Public Bencfactor
III the decision had been favor
able we would have experienced no
trouble in getting the money" said
Mayor Boatrieht However. It rs
hardly business proposition for
anybody to lend money with practic-
ally no legal security | am not
throwing cold water on the matter.
understand II there is any citizen
Of that Kind we want TO catch him
The mayor said that another meet
ing Of the city hall building commit
tee would be held when he received
a copy Of the supreme courts opin-
ION. He expects to be able to an
nounce definite plans for the com
plction Of the city building after
that The meeting IS to be held with
in the next few days. The executive
said the proposition probably would
be discussed at the council meeting
Monday night
klock Gets Telegram.
George 5. klock. who was attorney
for J w. Palmer taxpayer in
the suit 10 enjoin the city against
out It's contract with the
bank, received a telegram at o'clock
Yesterday afternoon giving the SUI
preme courts decision Judge II. +.
Reynolds. pro forma decision over
ruling Mr. Klocks answer to de
murrer to his petition Tor the in /
Injunction was reversed by the state /
justices.
While Mr. Kloeks sympathies have
been opposed to his action in the /,
case. he even having gone so far as
TO note opinions against his conten- !
lions. he heretofore has expressed !
strong doubts as to the citv's right /
to become party TO the contract with (
The bank. The fact that the agree 4
ment would he creating a debt was
The basis Of Mr. Klock's belief
The opinion was handed down by |
Justice Richard A. Hanna, Chief JUS
tice G. J. Roberts and Justice Frank 7
Parker concurring. 1t follows.
Municipal corporations POSSESS the .
incidental nj implied right to alien A
ate or dispose of the property, real 1
Or personal. Of the corporation Of "a Z
private nature OF course. to dispose \
Of property Of public nature. is VII 4
)lation Of the trusts upon which il is
held
Property which has ceased TO be
used, or is not used, by the public, 1
may be sold or leased as the public |
welfare may demand.
Municipal property is not Impress
"a with public trust until it has
been given over. appropriated or de-
voted To- public use.
Practically IA Mortgage.
A deed of conveyance of land, abb
iolute and unconditional on its face
out intended and understood by the I
1urIIca ~ ~ lnnrnlN a ScclritN for