Albuquerque morning journal., 1922-12-25
Supreme Court Decisions

Jake Floersheim, citizen and tax
payer of Harding county, New
Mexico, for himself and others
similarly interested,
Appellees and cross-appellants,
v.
Board of County Commissioners
of Harding county, New Mex
leo, Eufracio Gallegos, Rey-
mundo Arguello and J. IT.
Crane, individual members
thereof,
Appellants and cross-appellees.
No. 2810, Harding County.
One Manuel Martinez being a
resident and taxpayer of Harding
county, on behalf of himself and
all other residents and taxpayers
similarly situated, brought suit
in the district court to enjoir the
board of county commissioners of
that county from issuing court
house and Jail bonds under the pro-
visions of section Is OF Chapter Al
Laws 1921, which was the act estah-
fishing Harding county. Various OBJ
iections to the action OF the
board of county commissioners
were urged, and among the fol-
lowing: (a) That said section was
in violation of section 10 Of ar
ticle TX of the state constitution
in that the act authorized the is
suance of such bonds without first
submitting the question to the
qualified electors of the county;
(c) that said section violated sec
ton 81 of article " Of the con-
stitNion in that It was q local and
special law regulating county af-
fairs: (e) that said bonds would
be Illegal and void for the reason
that there was no provision in the
constitution or the laws of the
state regulating the manner of
the issuance of the same; 90 that
said bonds when issued, would be
Illegal and void because no provi-
sion of law had been made for
the raising of the revenue for the
payment of the interest and prin-
cipal thereof. A demurrer and
answer were interposed by the de-
PENDANTS in that suit and a stip-
ulation of facts was filed by the
parties. Upon the issues framed
and stipulated the case was heard
by the court and the demurrer
was sustained and the complaint
dismissed. Thereupon an appeal
was taken to this court and upon
September 29. 1922, in an opinion
handed down on that date, this
| court held that section 1S OF
chapter AS, Laws of 1921, did mot
violate section 10 of article IN OF
1.-THE state constitution or section
ia Of article Nv of the ,constitu-
tion and the judgment of the dis
trict court was accordingly al
firmed.
/ Thereafter. on the eleventh da!
| of November, 1922, one Jake Flper
sheim, as a: resident and taxpaye,
of said county, on behalf of him.
self and all others similarly situa
ated, brought a suit for an injunc
ton against the same board o
1 county commissioners. seeking t.
enjoin them from issuing the sam
courthouse and Jail bonds. A frs
dIHclQeu CUIlbidllll was IliSu ~
1.-THE cause on November II. 1922
In the amended complaint, anon
other things, it was alleged that tl
said bonds would be Illegal an,
! void because the establishment !.
of Harding county failed to proyid
for levying sufficient tax to pa
the interest and provide a sinkin
fund for said bonds as commando
by Section 20 of Article ~ of tn
constitution. 1t was further al
legged that the said statute an
; action of the board of county com
missloners Hereunder were vol
under the provisions of Section l
of Article TX OF the constitution
etc, There we're some further al
legations. The plaintiff praye
for perpetual injunction enioin
: ing the defendants from issuing tn
above named bonds. An answe
was filed in behalf OF the board o
. lcounty commissioners setting Ii
The proceedings in the case G
Menuel Martinez against the sal
defendants and pleading the sam