The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-04-04

those voting ON the question. by
baiiui Deposited In n -eIiaustc bal
bot buN. shah have voted In favor
OF creating such debt
There can be- no possible mlsundor-
standing of the words OF The above
constitutional paragraph. and its
meaning canine be misconstrued
Again.
Section n. chapter 81. Of Inc Laws
OF 1903 provides among other things
~ follows.
That after the passage Of this
law. no franchise FOR = public
utility shah be granted by any
city council ct other EoverninR
body Of any city or town In the
territory of New Mexico. until the
proposition OF granting said fran
chise has been submitted To- The
qualified electors ~ said city or
town and approved by q majority
OF said electors"
Just ms the constitutional para
graph quoted Ia clear hat our cisy
cannot 90 into debt without a vote 81
the taxpayers. 90 10 The last quoted
law absolutely clear that no fran
chisc can De granted or extended
without "a similar vote ~ not only the
taxpayers. but the qualified voters Of
This city.
Section ~ Of Chapter 81 Of the
Laws OF 1909 has been questioned by
some lawyers. we are told. as apply
ing only TO cities having the commits
sion form OF government. mat chap
ter being devoted to the establishment
Of the commission form. We are adj
viaed by the recognized leyal author
tiles Of this city that II cannot be
questioned-but II It could be we
have. again:
Section 2f02 OF the Compiled Laws
OF New Mexico Of 1897. regularly IN
force. snumeratlEg the powers Of
cities. The 65th subdivision OF this
section says;
ANY Incorporated city. town
or village in this territory having
q population of nc least one
thousand, shall have power to
erect ana operate water works,
gas works or electric light works,
or TO authorize the erection OF the
same by others"
Then follows the authority to
issue bonds and the provisions for
this purpose and the provision
that no bond shall be issued.
UNLESS TWo.THIRDs Of all the
legal vote cast sllall he In favor
of issuing such bonds.'
Subdivision 6s of that section is
10 the enec thai the council
shall have the power to erect
water works or gus works or to
authorize the erection OF the
same BY others. but 40 such
works shall be erected or author
lied until a majority OF the vOt-
ers OF the city or town, voting
on the question at a general OF
special election. by vote approve
the same"
In the light OF the above laws and
constitutional safeguard It must be
absolutely clear that any danger Of "a
bond issue or a franchise extension
of any kind, not first submitted TO a
vote OF the people Is impossible and
absurd. and thai statement to the
contrary being made In this election
are simply TO mislead the voters.
The laws and the constitution are
open TO every voter. and every man
who Is at ali in doubt has plenty OF
time 10 get the books and read the
citations given above between now
and Tuesday.
We believe this statement should
be made In simple fairness to Mr..
sellers and IN simple honesty To the
readers OF the Evening Herald; for In
conducting this newspaper 1t Is and
will continue 10 be our one foremost
object TO give you the truth In our
news and In our editorial columns. as
nearly as We can hnd II.
our investigation into this water
question has shown Us another thing
The rates charged for water here
are SO exorbitant as to be an outrage.
THE franchise itself Is an outrage and
an imposition. We fognd "a feeling
against the water company that SUR
prised Ms until We had seen the water
rates and read the franchise. Then
we understood.
That feeling Is go strong that any
man OF council who would seek "a
extend his franchise. or TO buy this
plant without first submitting same
10 "a vote Of the people, would De
used with violence.
The time Is soon coming when We
VIII be called upon TO solve the water
works question But IL has absolutely
nothing 10 do with this election, And
when the time does come 10 solve the
water works problem. the hrst and
%initintory steps will be taken by ths
- - a.. al H..H.H- - LII