The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-07-22
OF TDERAS
AVENUE IS HELD
TO BE LEGAL
State Supreme Court
Overrules Appeal of
Property Owners


Tiieraa avenue properly holders
are not entitled TO l~njuhStive RELIEF
connection with improvemet or
that street rtW.se the Santa ~.
tracks and Fourteenth street. ac-
cordinR to the opinion handed down
by The supreme ,soart In santa ~
yesterday.
The decision affirmed the former
decision 81 The district tour nege
rm the casc Of A. Flelscher and
George = E1lis, ,et al. PLAINTIFFS.
the New Mexlco Concentration COM
pany.
The Utilization started on October
"a 1890, soon after the New Men
leo Construction company started
work on Titerns nvenue In COM
pliance with contracts with the city
OF Albuquerque. The complaint
charged that the contract was IN
valid. and that The city had no
Authority 70 make ".
The plalntirts also challenged the
right or the city To asscss paving
certificates, which because OF the al.
legged hlcHalty OF the contract with
n CONSTRUCTION did not
create q legal lien against the abut
tins property. ON the same grounds
IL also challenged the right Of the
city to issue bonds In iieu OF tbs
certificates,
The hearing before the suprcms
court IN the ease was on July g.
after the case had been advanced
ON the docket because OF the need
for dispatch In the decision. Thc
decision Of the supreme court wa
written by Judge Raymond X. Ryan
OF silver city. and concurred la b,
"A fun bench.
The decision is OF great impor.
tance throughout the State, as ctheI
cities such aa Patton. L<s Vegas.
Clovis and Gallup have undertaken
similar projects. In spite OF the ,lav
suit, he construction company wen
ahead with the Improvement o
TiJeras avenue. u completed tn
job within sixty days. az had beei
specified In the contract.
The city commissioners stated tina
they a voted FOR this improvement
because only 10 per cent OF the res
idents along the street had protested
and the street Is one OF the mai
arteries OF east and west traffic from
abe highlands To the lowiands
The syllabus In the paving cas-
! follows;
/. Section sss2, rode 1915, beinI
chapter 80. laws 1854. was repeale'
by implication. by chapter AZ. law
Z 1908.
2. There are In New Mexico I
distinct and independent laws on IN
subject OF paving In municipalitie
and procedure followed by n munic
ipaiity under either OF them Is valid
these laws being provisional orde
law Of the act OF 1903, sections 3d6
10 3671. Inclusive, code 1915. an,
ihe petition law. being sections 367
60 3ts3, inclusive. cod 1913.
3. Where n municipality adopt
n charter pursuant to chapter sG d
the session laws or 1917 and sue
, charter is silent on the subject O
! paving city streets n levying sp,
: Fetal assessmeufs therefor. the stat
law on municipalities governs.
4. The purpose 81 the notice r.
! quired under the provisional bride
> tchapter 1b2. laws 1870 is To affor
the property Owher opportunity I
' urge objection as to paving or IN
= extent or character Of paving. an
= the cost thereof: but his IL q rlgi
merely TO be- heard. anu the coin
OF the work, the character and IN
extent thereof, rests entirely In III
g discretion OF the governing body q
the municipality.
Q. In the absence OF u charge ,
fraud or collision between the cit
and the successful bidder. or OF
d showing OF injury to the ubuttin
e property owner because or the q,
ceptance Of the hid. complaint "a
"a to the terms set forth in the I'D
o vertisemeut FOR bids. In that they OF
r. crate to exclude all but the SUGGEST
" bidder viii not he considered by m
u court. IL being presumed that the 81
Ia performed is duty ana accepted IN
lowest bid, the manner OF perform
. ing such duty not being subject {
inquiry by courts.