Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-12-23
CITY WINS FIRST
ROUND ALBRIGHT
INJUNCTION SUIT.

The city of Albuquerque won the
first round of the j. G. Albright
injunction suit in the district court
yesterday when Judge Ramona r.
Ryan Of silver City, sitting on the
bench at the request of Judge NJ. E,
Hickey, sustained a demurrer that
had been interposed jointly BY the city
and the paving company TO suit filed
some ten days ago by ]. g Albright
of this city. in which Albright had OBJ
tanned an order requiring the defend
ants to show cause why an Injunction
should not be issued by the court, pre-
venting the CITY from issuing and the
paving company from accepting paw
ing bonds contracted TO be issued by
the city in lieu of paving certificates
for the paving work now being done in
Albuquerque.
The decision of Judge Ryan was a
victory for the city on the legal point
presented in the demurrer and was
argument by City Attorney w A.
Keleher, representing the city and
the members of the city commission,
Judge r. H. Hanna appearing for the
I'll PasO Bitulithic company, and IT.
b. Jnmison, attorney for Albright. The
principal point urged by the city was
that Albright had no rights in a court
of equity unless he appeared in the
role of taxpayer who had been dam
aged either directly or indirectly by
some unlawful act which had been
taken or was to be taken by the gov
erning body.
1t was contended by counsel for Al
bright that the city had contracted to
issue paving bonds in lieu of certifi-.
cafes for which il had no authority in
law; that the city obligated itself un-
derthe conditions stated in the bond
to pay face value and interest due
thereon at all events, which would Ill
timately require the payment of mon
les out of the general funds of the
city, and result in an increase in gem
eral taxation,
The defendants undertook to show
that even admitting all Of the allega
lions of the cOmplair+ to he true, the
city had ample authority to issue
bonds in lieu of certificates: that the
certificates, issued in odd lots, were
of less market value than bonds of
multiples of one thousand dollars: that
the CITY by entering into TRANSACTION
whereby the paving comnany has It's
assigns would be relieved of the coli
lection of the principal and interest
on the bonds could save the taxpayers
the difference between 6 per cent in1|
terest and 8 per cent interest, or APP
pToximately thirty thousand dollars in
ten years--the lifetime of the bonds
WlleD, IL WAS pOlultu Ouli Duit Oii
their face a declaration that they we're
payable out of a special paving FUND
and no other. - .
Judge Ryan in announcing his dect-
sion. said that Albright had not plead
ed facts sufficient 10 cause a court Of
equity to grant the relief asked for,
and that it was apparent from theI
pleadings that the taxpayers inter-
ests were not jeopardiZed
Immediately after Judge Ryan rem
dered his decision Attorney II. Il.
Jafnison gave notice of an appeal TOT
the supreme court. While it could not
be learned yesterday whether an ap-I
peal would be taken, if they decide tol
take this step, the plaintiffs will have
six months in which to make the APP
peal and ninety days more in which
10 perfect it. This time, together with
other formalities of law, would make
1t possible to hold the case up for
more than a, year. However, at the
conclusion of the case yesterday Judge
Hanna, on behalf of the Bitulithicl
company, asked that Albright be re-
qtired to put IN substantial bond
to-, guarantee the company against
damage in the event of further liii-,
cation. stating that the companysI
overhead expenses were $500, q dayl
while operating in Albuquerque, and
that a tieup of the work here would
cause great loss and damage, which
should be made good by Albright in
the event he had acted unwisely in
bringing the injunction suit.