Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-20
CITY WILL ASK
MANDAMUS WRIT
AGAINST HEYN
Would Compel County Asses
Sor TO Notify Persons Who
Failed 10 Pay Occupation
Tax Of Delinquency,

The council last night directed City
Attorney Wilkerson 20 begin man
damus proceeding against county
Assessor Heyn to compel him To no
tlfy deltnquents in the payment 81 oe-
CupatiOH tax
This WINS done at the suggestion oil
city Clerk Hughes and on the mVtioh
Of Councilman schecr Hughes told
the council he had TO get action on
the occupation tax or quit coiiec,ins
Good citizens paid the tax whlie oih-
ers told him point-blank to go 70
HIDES. he said lie emphasized the
unfairness Of accepting the tax from
some and letting others escape.
According 10 Hughes. the city can
not collect the tax through the courts
as long as the assessor fails to per-
form the Technically Of notifying de-
linquents
Hughes said he was holding up the
warrants Of persons who mad not pald
tie tax.
Franchise Meeting Monday.
The council will hold an executive
meeting Iext Monday night to exam
Inc the proposed franchise Of the Wat
or supply company At that time "A
committee OF Councilman scheer, the
mayor and city attorney Is expected
10 report what The water company IN
tends to do about the refunds under
stood by Mr. SChccr TO be due the
consumers az the result Of the decision
handed down by the state supreme
court In a suit brought against the
company By the city Mr. Scheer
suggested that the council get a dec
larati0n from g. r. McMillen. presi-
dent 0f the COMPANY. before consider
ing the franchise The committee was
named by Councilman Hammond.
city ATTORNEY Wilkersun announced
that judges Reynolds Of the district
court yesterday had sustained the city
In the two Kunz liquor cases which
were appealed from the police court
hy Kunz.
The notice committee found Captain
O'Grady Of the police department not
guilty Of charges preferred several
months ago hy Minnie Carroll The
report was approved by the council.
Motion Carries: Then Doesn't.
On motion made by DR.. Hust that
the council declare former Street
Commissioner Martin Tierney owner
OF a horse bought by the eityebecause
of the fact that the sewer department
used Tierneys horse until II died. the
vote stood 4 To- ? In favor Of the mo-
ton Mayor Boatright turned 10 the
city attorney 20 learn whether TO de-
clare the motion passed. Mr. Wilker-
son was inclined 10 think il did Mir.
Hammond sai1 five votes for the az
firmatlYe We're needed The mayor
finally announced that the motion
had carried
Then Mr.. Willerson after looking
lup the ordinance said II didn't The
mayor said il didn't. The clerk want
ed to know how to straighton il out IN
the minutes. SO motion TO correct
the record was passed
Following this motion made by
{ Mr. Hammond lnstructing the city at
tcrney to take steps to decide the
rightful ownership of the horse car
ried. five voting eye. Dr. Hust OPP
posed the motion.
Would Build Heating PIaut.
A franchise for central steam
heating plant was applied for The
plant would furnish steam heat lust
as the electric company does light,
/ by piping steam from its boiler house
! TO dwellings and stores. The appli-
cation was referred To committee.
Chairman Gilbert of the street com
/ mlttcc recommended ihat John Baron
! Burg be allowed to maintain irriga-
ton bitches across the street If he
made application to the council IN
writing, describing the bitches. bridg-
ed them and kept them IN repair. aud
| with the understanding that he obtain
cd no water rights that the city would
7 be forced 20 recognize