The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-09-22
cMillen Refutes the
Charges Made About
High Water Prices

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ssrfpi 3" Hil"mpt D" bslae thr issue
Nr Fox in MS editorial ui last Mohda,
EGG 4 hasr hlrntd past ODE, cnunrtla iur
Iaiiarr 10 raitis ttf trsss and flower. w
ahnnianee Witch nf coutsr vs. prohibited
~ the prize Of ritN .wHirr dfd not ert
isse tho ettf oouucil a. al nor IA Whar Mt
fpN says In rugsri 10 the prire 81 city VA
tyr true Under The franchise helh by the
water Company The rity has never paid a
dollar for water for sprinkiiRg STREETS o. fof
~ PARIS. city hail ~ any other city use IL
has III. water Tor such, purposes absolutely
that fact hut whether true or not IL " not
material IN any respect on he question 81 the
cts charter.
b.. senator barth which Mr. .Fes heads a.
"A Severe jolt 80 A ~ McMillen The
severe Jolt referred to was q statement
of Mr. narth. referring 10 me. that "iLe
man who can sell tho city a 5000. 600. TWEEN.
~ ave yeaf.utd water system for 44uO, 600 Is
a statesman tut even Mr. foS apoiagiEsd
er The water plant i worth ssoo'oGo or
SA0O. 900 Is Tor q committee ~ experts to de
eide and We have no thought that Mr. McMii
tho form of the city's government or from
new men who might be elected commission
srs
Mr.. narih knew as we'll as Mr. Fox that a
contract had been entered into between the
city and the water company. not TO sell IL
for saO0. 600 or sA0u, 600. hut Tor such sum
~ an impartial committee Of experts should
d~termiue was is value the city not being
bound to purchase for a value In excess ~
sIOO. 900. Mt Barih knew this when he
made the false statement
Mr. Fox. in nj, next editorial. attacks me
and also George Roslington. | am not sure
whether The attack upon me Is because | am
q capitalist or q socialist; he seems to have
dennis Mr.. Washington because he ~ my
friend. and ! am proud TO say that Mr. RIOS.
lingtnn u my friend. bat | do not Sec what
tina, has 20 do with the adoption or rejection
Roslingtan has not expressed his views on
thai question.
Bo,h Mr. Fox aud Mr. Barth attack the
Rotary club because all o. it, members rx
Rotary club Is surely representative Of the
leading business men Of the city. and many
u them arr the largest advertiser in The
eity. who have supported the Journal by al
,erttsemenis which have made IL prosperous
and furnished MIR Fox p job.
Mr. barth wAS g guest of the Rotary clrh
ment was under consideration. and was very
positive IN his advice that the proper thihs
10 do was % urEAni4r under the special act
which Mr.. bAfth then had pending Zoo tht
I legislature. The Rotary club voted 20 tax,
active measures to hello put Mr. harths act
through the legislature Nov Mr. Barth op.
| poses the act because IL has not A. Wany see
tions in IL as The charter ~ the city u Dial
las Texas We recall that Mr. Barih was
4 ANNMNHAANNNAAANN tN = W HNNNNNNNhNh To
/ the vote ~ the people a constitutional Hmrnd
ment for prohibition before be- wah elected To-
the last Legislature When The matter came
I up for passage through the Legislature Mr.
Barth made a determined and bitter hEht
against the resolution and his reason WAS
very much TIE SAME a. IN regard 90 Oh" city
| charter he fought 10. 50 he said. because "a
| was NOT = bone dTy amendment Verify "
\ Mr. Batth were dying ~ thirst he you'd r.
fuse 60 accept a glass Of water because he
| MAs not Offered q buvactful The rrN faci is
that has actions do not square with hs prom.
Mr Harth states In his communication
There il contained boz the proposed charter
not one single word which limits the power
Of the commissioners or Of the city manager
mat the commissioners shall DO and perform
| those duties and hove thps" pow rrs now "a
ercised under the law hy tho rty council
This is another evidence that Mr. Barth has
not read The proposed CTS charter mr. q he
has read H. DOES NOT understand 10 Section
/ article 4 ~ the charter. is 49, follows
An legal powers o. the corporation hail
b. vested 10 = commission " three members
| elected at large IN the manner specified in
article q Aud article ! " the city charter
provide
The municipal corporation now existing
and known A. the city u Albuquerque, with
it, present boundaries. shall remain and con
tinue to be- a body corporate and shall uus
ssss All powers granite under The municipal
corporation acts and Euch other povurs as are
consistent with the constitution 81 the state
The powers conferred on municipal cor
porAtions are found in chapter - section
1854 TO section 3faj. New Mexico statutrs
Codihcation 1915. Two hundred. and SIXTY i've
sections. Co LAY nothing 81 section l'"i
~hieh contains ninety-ihrre suh.sectious
These beigs provisions which she legislature
has passed. aud which could not De- changed
lby the cts Of Albuquerque. 10 would have
been foolish for it 10 have attempted Go leg.
islate upon those subjects 30 even from
Mr. Barth'. standpoint ~ q valuable charter
! this charter covers an abundance % sections
Mr. hartn fails to state In his article that
these charters Of Dallas aud other cities
were special charters passed hg the leeiNlA'
ture. and perform just exactly the same tuuv'
tons As our municipal acts referred 10.
Every competent attorney ~bo has taken
the frunhlc TO hook up the q@uestiuu know
1 that the pnwers 81 the city whether under
the present form % government or under The
form o. commission and manager ere hNrd
by the constitution 0f the state and ty STAT
uiory enactment aud that the commission
has nn power which - IN any WaY incanslst.
ent with such constitution and s%iatutes The
charter stated exactly What Ii should have
stated That al legal powers % the cor.
porHuuu shall hr vested in a ~commiaAiun pi
three members and That the corporation shall
possess all powers granted under tho munich
/ palcorpnraiion act. and should have such
| other powers a. were tuuAistenl with the
J cons,itufion ~ the state II New McNica
What CO.. advocates - lhls charter ore
trying o. .ct b. NOT nov powers for the tty
| Of Albuquerque hui Il business method ~ at.
miuisteriufs - affair other words 90
subsutuir o. commission ui three and a man.
ngrr fur iAp present uNurkhhle system II
lis this fADf that they have refused Co discuss
say without hesi'afian a. IS lawyer that the
city ~ Albuquerque sill have exactly iht
same power, uudvr thf proposed charter thai
IL has under the HId system nU more uu Joss
and she fah that ihe commission could ae'
lArhtfrarif 1r 90 defiance 90 law l~ either tht
I result uf ignorance ur q deliberate Intention
So misiCud These are fhy issues. and flt
I only issues before the people The sHb.,g'
s too important to De- made q matter ~ prr
suuAItir. tNtrN person has "a Tshi tu 90
press h's opinion nl'u ihr pH''Nun ana l'