The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1919-04-21

mxseut charter aud the exercise
81 the pswcr. thereby granted 90
tile prtrprut commissioner cN-
tcta the state ~ n difxtt pIUcccds
Ina Tor that purro-c.
In The cHso Of ihe clts OF Aihuqucr-
que ". Water supply company. ~
rac 2i7-2iS. being % case IN which
the validity OF certain acts OF ne
preaont Officers OF Albuquerque was
ducationod on tho Eround that this
Law H. Unconstitutional our Supreme
court declined 10 pass upon ~ con-
stitutonailiy and said In its %HyllnhuHi
"A municipal corporation created
under unconstitutional charter "a "a
dcfupto corporation and It's onlccfa
nre defacto officers. The existence
of the corporation and ia right 20
make contracts and transact business
a. such corporation can not be raised
coiinfeTlly Tho existence Of sHch
municipality cah only be qusAilonen
hy the STATE In "a direct proceeding
Instituted BY attorney general for That
purpose and Until the question II nus
fuiHod and adjudication had ouEtinf
the corporation from crti % TIE
franchise. an acts done and contracts
made by the officers OF Huch a defucto
munlclrqity are nH valid and binding
upon n and tho property within ~
limits na though auch Officers wcrc
De- lurc officers Of n Dc iurc c0rpor-
flu For his reason u o. uuncCca-
nhry 10 determine ths constitutional
~ Of chapter Nc. laws % 1919, under
which the present charter Of the city
OF Albuquerque was frlmed
4, Tiorc ~ no siuubt in my
opinion TINT the present charter
can h. lcgnli, anicnicxi ~ n &C.
ptst,tlc tor tive commissioners
instead of thr'c, Nv the suhmis-
sion a. the totcf- ~ Afhuquct-
q,ir of -uci, M amendment pro-
PISSED sitlscr h. ti,e c"uuni--ivu-
a. tIcn-rl,rS or upun % pCution
-igitssi hy nftrtn Ia'rtrnt of uic
uumbsr of tscr~ voting nj the
last clcgtiun and ~ TIE cn-ung
of n maiofiiN of the ,otc- at thr
etsxtIon ta be- held for such
amendment. The INV OF 1911
provided;
Article VI. section a. amendment
10 this charter may be proposed By
mrmhota of the commission o. by y
petition signed by 70 percent OF IN
voters az the last p%rcccdinr election
Not less than thirty (au) not mor'
than forty tf0l days after The films
~ any proposed amendment with ths
commission. u shall be submitted q
the electorate fof adoption or rice.
ton"
W v fifNl lNNA " wv lHfilff ~
Albuquerque have u right "a
ADOPT a sstnunis-lou form ~ gov
rtunncnt and q charter ior that
uniIpo-c under this ava. u can.
under this ptoti~ton of the lHN
itarlf amend ~ charter at an,
timc in the manner laid down hp
hat law.
~ b. equally clear that ~ rurl
an amendment were adopted ana ui
election should De- held t~hcrcundr
Tor two additional commissioner thI
additional commissioner elected "a
that olortiou would hr nn integral par
Of the cltE commission, clothed Wit
The snWs rowDfa that thr three coui
m~lasinnsfH first elected AVE
Personally : am strongly OPP.
a. -trl Ia ths nduptiun ~ tie new
charter for Tie rra~on tint under
The provisions of the law of 1910
utrisf whisii " T. trained tile ucw
olaftrr it-rif ,sui,i not IT, amrnd-
81 u, thu p-oplr ~ A~ihuqurr-
qtW and there couid H. no aHtrnl-
mcnt thereof except T., the diu~t
n,tiun 80 the %gi~laturr.
N'r, tud' YOURS
tS,Enrii : BrnKHART