Albuquerque morning journal., 1922-11-29
COMMISSIONER
SAYS TAX LEVY
WAS NOT LEGAL
City Commissioner Hughes
"ResentS Manager Ex-
Ceeding Authority; Pump
Motor Bid Is Accepted


Il think this levy, as it now
stands, is illegal. We commission
ers are the governing body and that
levy has been certified without our
Authorization and l believe it is IL
legal"
This was the statement of City
Commissioner Hughes last night.
The meeting was a stormy one on
the whole and it required all the
diplomacy Of Mayor Walton to
bring about peace in several wordy
passages at arms.
I'VE have never legally acted
upon it and even if the city man
ager sent up twenty notices we did
not pass upon it and in certifying
it the manager exceeded his au-
thority. We might have either
raised or lowered the tax levy and
would probably have lowered it,"
Mayor Walton then began his act
Of pouring oil upon the troubled
waters" He said:
81 agree with you that probably
the budget should have been sub
mitted to US. But We were getting
in a position where it was becom-
d l.
l believe Mr.. Calkins not only acted
in good faith but also acted in the
best interests OF the city of Albu-
querque."
After further discussion pro and
con City Attorney Jamison express
ed the opinion that Mr.. Hughes
was probably correct in his stand.
He expressed the doubt. however,
that taxpayers could raise this
point as a reason for refusal of
payment Of taxes.
Exceeded His Authority
After other discussion Mr..
Hughes said: II do not mean that
would not have approved the
raise of half mill for the paving
taxes. Probably / would have done
so, though reduction of other items
might have brought the levy back
to the old basis. But the stand |
take is that the city manager ex-
ceeded his authority in certifying
to the budget and l resent It, We
city commissioners are responsible
10 the people of Albuquerque for
the tax levy. not he"
Commissioner Swope then stated
that the levy could not be stopped
now because If the county com
mlssloners do not certify to the
levy today it will mean the city will
receive no payments until March.
tie said 1t would mean the city
would have to go out Of business
and that the schools would have
to close.
Commissioner Hughes said he
dld not propose to be an obstruc-
zionist and that there is nothing
which can now be done. But he
reiterated that the city manager
had exceeded his authority and
that he resented it.
The city commissioners them
selves are to blame for anv
delinquency, because they have
not taken the proper Interest
an the city sity's business re-
sponded Mayor Walton, "There
nave been many times when we
nave not had a sufficient number
or commissioners present to trans.
act business"
After the tax levy question had
been more or less satisfactoriIv Id cd
Justed Mr.. Hughes said:
While we are enjoying this sit
uation | would like TO ask a nnas
eioi' Lhere is a persistent rumor
soIns ABOUT the city to the effect
that The city has purchased two
carloads of sewer pipe which is Of
Ine wrong size and cannot be used.
costing the city $1,000.
Manager Calkins denied this
Iuinor and stated that the two car
loads OF pipe purchased are Of
proper size. He explained that the
pipe is OF a different size than thar
Whlch has been used but that a re-
Queer is required with the size now
IN use He said that it will mean
economy by using the exact size 9
~ VIII eliminate the cost of the
reducers. 'He
Meat Selling Ordinance
Another question which was
taken up brought about a wordv
passage at arms between Commits,
sloHer SWope and Attorney Iaur.
ence Lee. This was the pronosad |
meat selling ordinance. Again tba
taetIu! mayor was required to stem
INTO the breach. The motion was
upon the motion of Commission
er SWope 1t was voted unaninnousi,,
mat the city manager be instructnS
that before making any exnandi-
ture OF more than 5000 he first |
submit the matter to the CITY com
missioners. '' 'oil-
Mr.. Swope also moved that Tho
city manager be instructed to dis.
continue the practice Of seerega-
tlon or paving liens. This motion
was also carried unanimously
Accept Bid for Motors
commissioner Hughes moved |
lnat tne bid of the Midwest Motor
company for four motors to bo
used with sewer pumps, be accent
ca. RMS company presented tha
lowest bid and agreed to furnish
tne motors called for in the sneci
ilcauons-The Lincoln motor Tbo
DIu on the four motors was ST 75e
me motion was carried by unani.
nous vote on roll call.
City Attorney Jamison AZ
nounced that he had filed demur.
rerS In two cases in connection
Witn paving and the ininnctio,
Ilied by the City Electric RaiIwsv
company. He said the cases baue
neen set for hearing next Mbndav
IN the district court. ''aS
--4
INVENTOR DIES