The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-09-22

SO much IN being aid by those who
favor and those who Oppose the adop-
ton OF the new city charter or city
ma commission form OF govern
ment. that l have taken the trouble
To- look into the matter somewhat. ]
am here setting forth some Of tho
conclusions ! have arrived at. so
that our people nay understand the
history Of municipal governments IN
New Mexico. II may well to state:
That say for some special legisla-
tive charters. there was practically NJ.
Law for the general organization OF
municipalities In New Mexico previous
to 1854. In that yea an elaborate
municipal law was enacted b. the ter
ritorinl legislature. That act has
been carried down through all tho
years since, with various amendments
and e%liminations. and is 90 a large ex.
tent stu on our statute books. It
will not be necessary TO mention all
OF ilie municipal enactments put upon
our statute hooks and amended or
,epealed throughout all those years.
However, In 1909 our Legislature pass
ed "A sort Of a double barreied city gov
eminent Law CCh. 81 laws OF 1903 -.
sou ~ NffisN Nv AAANA NfI EfNAANtAN VI
u provide for a modification OF the
old aldermanic system with n super
intendent Of city affairs." The eiev-
enth section provides for n commits
sion plan with n mayor and two TO four
commissioners receiving salaries OF
~&lS00.0O and 5000. 90 each respective
liy.
Some mrseeing legislator when the
section last referred 10 was enacted.
put q proyiso on 4, that thereafter no
franchise for a puolio utility should
De granted by any city council or any
other governing body Of any city or
town In the territory. without submit
ting the same to "a vote of the people.
! am unable to find that any law
of New Mexico, previous to that pro-
yiso obliged the governing bodies of
cities or towns In New Mexico 10 sub
init the matter OF granting franchises
to a vote Of the people.
The legislature Of 1913 CCh. 20 j.
aSl enacted a new commission form
OF government law for cities and At
tempted TO repeal TO repeal the law
Of 1903. but IL probably failed To- do so.
through lack 81 referring 20 the re-
peal loo the title Of the act ms provid-
ed by the state constitution II is
Therefore probable that no franchise
can he granted by our city, unless the
granting OF IL IL submitted 10 a vote
Of the people. But be this as 4 may.
II We adopt the new charter. the pen
pie will be in possession through the
referendum. of a pretty etfectunl
weapon against mistake. fraud or
treachery as Ia franchises. As stated.
previous To 1909 there was no law IN
the territory obliRing the granting OF
a franchise to be submitted To- n vote
Of the people. save as 10 water works
land gas works; that is the reason why
our electric light system. our street
railroad. our telephone and other pub
lie utilities were given to private con
Germs. The only limitation which tho
constitution OF the state of New Mex
leo places upon the granting Of fran
chises is that by section 20 OF article
". it Is provided that mo exclusive
right, franchise. privilege or immunity
shall be granted bv the legislature or
any municipality ~ this state" OF
course there are constitutional limita,
tions as to the amount of debt thai
can 10 created by city authorities.
Now let us come To the matter IN
,a"u, '"' l"sl ''S's'''ure on MHr'u
-, 1917, enacted a commission form
of government law och. So Is. 1917 H.
24l ct seq which Is the law we ar,
~" "nss'N NunVe'he" WIN II con
S'D1',s, l"' '"S' svol'ui
"S " ''i'""Hs 'i'"se as l" an "'''
or parts Of acts In conflict with Il
"rp''s =" y N'ns "'"lS '"ai
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p''N '"'S t""' we p'oI'c o. SUN Guy
M, uu, :, 'N'
,''' ~ nay p'"NIue i"r any
~ ho.''nn"' nv
4" .,"'eI snal, not o'
"'n 'ho CONSTITUTION %
~, wv. uutnol'Hc we ~
L. - 'r's "u',.Vt
- ~ ~ So, anu snI
H. 80 .NP.uu'uiS "a puY
% ~ u.n'i 'noh pubic pu'
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