or dispose of, or cause to be issued, negoti- | date of its maturity; a fac simile in blank of ated, or disposed of, any warrants, obliga- which instrument is herewith filed. tions, engagements, instruments, or evidences of debt, of the nature, terms, purport, or effect of the warrants or instruments described and specified in the said resolutions, or to delegate to the chairman of the said board of county commissioners the power or authority to negotiate and dispose of such warrants or instruments assumed by the said resolutions to be delegated to and vested in the said chair

the time when, as your orator believes, the and dispose of the same as obligations in the said purchase money was paid as aforesaid; nature of commercial paper; that although, that the said the Southern Trust Company, by the said proceedings and resolutions, the or some other person or persons, corporation said board of county commissioners and proor corporations, to your orator unknown, held bate judge intended to provide for the erecthe said sum of forty-two thousand nine hun- tion of a court-house, and every part thereof, dred and eighty-eight dollars and eighty-eight from the first and inceptive building thereof cents, proceeds, or part of the proceeds, of until the full completion thereof, yet the said the negotiation of the said instruments, to the Bernard Seligman, under color aforesaid, so credit of the said Bernard Seligman, as chair- contrived and framed the said instruments man of the said board of county commission- as though they were designed and intended ers, from the 15th day of August, A. D. 1886, to raise funds in behalf of the said county, until the 23d day of August, A. D. 1886, on not for the original construction of a courtwhich last-mentioned day the said the South- house, but only for the completion of the ern Trust Company, by L. M. Schwan, its erection of an incomplete court-house, whose secretary and treasurer, deposited the said construction had been commenced and subsum of forty-two thousand nine hundred and stantially continued before the issue or coneighty-eight dollars and eighty-eight cents trivance of the said instruments. with J. & W. Seligman & Company, bankers, of the city of New York, to the credit of Bernard Seligman, chairman of the board of county commissioners; that thereafter the said Bernard Seligman, acting under color of his said assumed power and authority in that behalf, transferred the said amount of the said deposit, or a great part thereof, from the said J. & W. Seligman & Company to some depository, to your orator unknown, in the state of California; and thereafter, or at some other time, he transferred a part of the same amount to the Second National Bank of New Mexico, at Santa Fe; and at all times, ever since the said 23d day of August, A. D. 1886, the said Bernard Seligman, under the color of the said assumed power and authority held and retained, dealt with and disbursed, according to his own pleasure, the said sum of forty-two thousand nine hundred and eighty-purpose whatever. eight dollars and eighty-eight cents, as chair- “And your orator further shows that, aftman aforesaid, without any further or other power or authority from any source derived or in him vested, and utterly refused and neglected to pay the said sum of money, or any part whatever thereof, to the treasurer of the said county, or into the treasury thereof.

"And your orator further shows that, according to the purport and apparent tenor and effect of the said so-called warrants,' and the said attached interest coupons, the first of the said coupons, for the payment of six months' interest from July 1, A. D. 1886, to January 1, 1887, became, by the terms of the said coupons and of the said so-called warrants,' due and payable on the 1st day of January, A. D. 1887; and the second of the said coupons for the payment of six months' interest on the said principal from January 1, 1887, to July 1, 1887, became due and payable on July 1, 1887; and the said item in the said tax levy of thirteen cents on each one hundred dollars of taxable property within the said county was so levied and intended to pay the said interest accrued up to July 1, 1887, or some part thereof, and for no other

er the said levy for territorial and county taxes so made as aforesaid by the said board of county commissioners in the month of July, A. D. 1887, a warrant for the collection of the amount of taxes so levied out of the taxable and assessed property within the said county was issued in apparent due form "And your orator further shows that the of law to the said defendant Francisco Chasaid board of county commissioners and the vez, sheriff of the said county, as ex officio said probate judge, or either thereof, had no collector of taxes therein, commanding him authority to issue or negotiate negotiable pa- to collect from the several tax-payers of the per of the said county, or to bind the said said county, and out of the taxable property county by negotiable instruments of any assessed within the said county, according to character or in any form not authorized by the respective assessments thereof made upon statute; that the so-called warrants' speci- and against the said tax-payers and their fied, described, and intended in and by the property severally and respectively, includsaid resolution were not negotiable instru- ing your orator, and his assessed property ments, nor were they even, as so specified, within the said county; and by virtue of the described, and intended, warrants of the nat- said warrant, and under color of the said tax ure, character, form, tenor, or purport law-levy, and of the several resolutions aforesaid fully authorized; that the said Bernard Selig- of the said board of county commissioners and man, under color of his assumed power and authority, but without the direction, command, knowledge, or consent of the said county of Santa Fe, or of the said board of county commissioners, and without any pretense of authority except the said resolutions, contrived and executed the said instruments in the form of negotiable securities or contracts, payable to bearer, with intent to sell

probate judge, the said defendant Francisco Chavez, as such collector, is now demanding from your orator and the other tax-payers of the said county payment of all and singular the said taxes, including the said item so levied, for the payment of the said interest on the said so-called warrants,' and he is threatening your orator and the said other tax-payers with distraint and seizure of their said taxa

6

ble property, and with a sale and conveyance of thirteen cents on every hundred dollars thereof under his authority as such collector, aforesaid. unless your orator and the said other taxpayers will pay to him, as such collector, the whole amount so assessed and levied against them, respectively, as taxes, including the said item so levied for payment of the said interest.

"And your orator further shows that the said item of thirteen cents on each one hundred dollars of the said taxable property within the said county is easily ascertainable by itself, and separable and distinguishable from the other items of the said tax levy.

"And your orator further shows upon his information and belief that the said defendant the board of county commissioners of the county of Santa Fe now threaten to cause to be made, executed, negotiated, issued, and sold, in open market, other like instruments or so-called warrants,' with attached interest coupons, in the amount of twenty-five thousand dollars principal, being the said seventy-five thousand dollars, less the said fifty thousand dollars; and this, under color of the said resolution purporting, as aforesaid, to authorize an indebtedness of seventy-five thousand dollars principal, against the said county for the erection and furnishing of a court-house.

"And your orator further shows that the said so-called warrants' and coupons already issued, and the said pretended indebtedness so assumed, to be created for the erection of a court-house, and the furnishing thereof, are fraudulent and void, and beyond the powers of the said board of county commissioners and probate judge, or either thereof, to create the same; that in fraud of the act of congress approved July 30, 1886, entitled An act to prohibit the passage of local or special laws in the territories of the United States, to limit territorial indebtedness, and for other purposes,' as well as in fraud of the laws of the said territory of New Mexico, the said board of county commissioners and probate judge, by the means aforesaid, attempted to create and contract an indebtedness of the said county after the 30th day of July, A. D. 1886, although, at the time of such attempt, and before the creation and contraction of any pretended indebtedness of the said county thereunder, the indebtedness of the said county existing, outstanding, far exceeded four per centum of the value of the taxable property within such county, as ascertained by the last assessment in the said county for territorial and county taxes, previous to the said attempt, and previous to the incurring of such pretended indebtedness thereunder; and, with like intent, the said board of county commissioners and probate judge fraudulently caused the said so-called warrants,' to the aggregate amount of fifty thousand dollars principal aforesaid, to be antedated so as to appear on their face to have been issued on the 1st day of July, 1886, prior to the passage of the said act of congress, and inserted, or caused to be inserted, in the said so-called

"And your orator further shows that the said defendant, the board of county commissioners of the county of Santa Fe, not only gives out and threatens that it will create the said additional pretended indebtedness of twenty-five thousand dollars principal, with interest at eight per cent. per annum, to be paid thereon semi-annually during the period of twenty years from the 1st day of July, A. D. 1886, but, also, that it will, every year, for the next twenty years aforesaid, cause to be levied upon and out of the taxable prop-warrants,' a recital or declaration that the erty within the said county enough money to cover and pay the said interest, apparently accruing, as aforesaid, semi-annually, on the said pretended indebtedness.

same were authorized and issued for the completion of the erection of a court-house, in order falsely and fraudulently thereby to make it appear that the said so-called warrants' were not authorized or issued in anticipation, and for the purpose, of providing funds for the commencement and original erection of a court-house, but for the mere completion of a court-house already begun.

"And your orator further shows that according to the last assessment made in the said county for the purpose of taxation, the taxable property of your orator situate therein was assessed in an amount exceeding sixty thousand dollars, of which the sum of fif- "And your orator further shows that there teen thousand dollars was so assessed on the is not, and there never has been, in existence tract of land and premises hereinbefore par- any special statute applicable to the said ticularly described; and, according to the said county of Santa Fe or other law of the said tax levy so made in the year 1887, the said territory or the said county of Santa Fe, or board of county commissioners has by means the said board of county commissioners and thereof created an apparent lien upon your probate judge, or either thereof, to issue or orator's said assessed property to the amount sell or dispose of, in the open market, or by of thirteen cents on every one hundred dol- private bargain, for money loaned or adlars of the value thereof so assessed; and the vanced, or at a discount, any instruments, said collector, by virtue of the said tax levy obligations, or contracts of the form or natand the said warrant, threatens to enforce ure of the said so-called 'warrants' and the said apparent lien as against your ora- coupons, or any other negotiable instruments tor's said property unless your orator shall whatsoever, either for the purpose of the pay to him, not only the lawful taxes levied erection of a court-house, or for the purpose upon your orator's said property, which law- of the completion of the erection of a courtful taxes your orator is able, ready, and will-house, or for the furnishing of a court-house; ing, and offers, to pay, but also the said item and that the only warrants or other like ob

v.21p.no.1-5

ligations which, prior to the said act of con- | is no adequate remedy at law in the premgress, the said county of Santa Fe, or any ises; that, unless this court will interpose official authority thereof, was authorized by therein by virtue of its equitable jurisdiction, law to execute or issue for any such or like a multiplicity of suits will arise, as your purpose, were non-negotiable instruments, orator is advised, between your orator and merely importing on their face an order on the said other tax-payers and the said collector the treasurer of the said county to pay to the and the said board of county commissioners, payee therein named the amount of an exist- and great expense and unnecessary annoying indebtedness of the said county to the ance and litigation will ensue, not only to said payee, and the same were merely of the your orator and other tax-payers concerned, nature of orders on the treasurer of the said but also to the said county, and to the officers county to pay such prior and existing indebt- engaged in the administration of its financial edness out of appropriate county funds; and affairs; whereas, if this honorable court, the such warrants, when authorized by law, have premises considered, shall declare the inva never been the lawful subject of negotiation | lidity of the said tax levy and warrant, and or sale by or under the authority of the said of the said resolutions, and other proceedings county, and have never been and are not antecedent thereto, so far as respects the said issuable at any discount whatever. pretended indebtedness and the said unlaw

"And your orator further shows that, un-ful item of the said tax levy, and shall elimiless restrained by the process of this court, the said collector, by virtue of the said tax levy and warrant, will proceed to advertise and offer for sale the taxable real estate within the said county belonging to your orator and the other tax-payers of the said county, upon their refusal to pay the said item of thirteen cents on each one hundred dollars so levied as aforesaid, and, pursuant to the provisions of the revenue law of the said territory, the said collector, after such advertisement, will proceed to sell, at public auction, the said real estate, including the aforesaid tract of land of your orator, and, in conformity with the said provisions, will execute and deliver to the purchaser or purchasers at such sale deeds of conveyance of such real estate, importing upon their face, by virtue of the said provisions, the presumption and prima facie evidence in all courts in the said territory in all controversies and suits in relation to the right of such purchasers, their heirs and assigns, to the land thereby conveyed, of the following facts, to-wit: (1) That the real estate conveyed was subject to taxation for the year or years stated in the deed; (2) that the taxes were not paid at any time before the sale; (3) that the real estate conveyed had not been redeemed from the sale at the date of the deed; (4) that the property had been listed and assessed at the time and in the manner required by law; (5) that the taxes were levied according to law; (6) that the property was advertised for sale in the manner and for the time required by law; (7) that the property was sold for taxes as stated in the deed; (8) that the grantee named in the deed was the purchaser, or the heir at law, or the assignee of the purchaser; and (9) that the sale was conducted in the manner provided by law.

nate the said unlawful item from the said tax levy and the said warrants, and shall prevent the inclusion by the said board of county commissioners in its future levy of taxes in the said county of all items intended for the payment of the said pretended indebtedness, or of any interest accrued or to accrue thereon, the collection of taxes in the said county will be relieved of the embarrassment and fraud herein complained of, and of the delay and litigation occasioned thereby, and the remainder and lawful part of the said taxes will be more readily paid to the public convenience. In tender consideration of the premises, and inasmuch as your orator is without remedy therein at and by the strict rules of the common law, he refers all these matters and grounds of complaint to your honor's court in chancery, wherein the same are properly cognizable and relievable, and prays that the said board of county commissioners of the county of Santa Fe, Francisco Chavez, sheriff and ex officio collector of the said county, and Nicolas Garcia, treasurer of the said county, be made defendants to this bill of complaint, with the proper process to bring them before the court; that they be required to answer all and singular the charges, allegations, and statements of this bill without oath, an answer under oath being hereby expressly waived; that, by the decree of the said court herein to be pronounced, it may be declared and decreed that the said fifty instruments or obligations, or so-called warrants,' and all coupons, or socalled interest warrants,' at any time thereto attached, and the pretended indebtedness of the said county thereby evidenced, and all the resolutions and proceedings of the said the board of county commissioners of the county of Santa Fe, and the said probate judge of the said county, or either thereof, "And your orator further avers that by purporting to create or authorize the said inmeans of the premises, and of such appre-debtedness, or any other indebtedness, for hended proceedings, sales, and conveyances the erection of a court-house in the said counon the part of said collector, a cloud will be created on the title of your orator's said tract of land, as well as on the title of other taxable real estate in the said county.

"And your orator further shows that there

ty, or for the furnishing thereof, are all and singular fraudulent, void, and of no effect, as against the said county or the tax-payers, thereof, or the taxable property within the said county; that the said tax levy so made

this suit, the said defendants, and each of them, may, by writ of injunction to be issued herein, under the seal of the said court, be restrained and enjoined in the several respects wherein a perpetual injunction is hereinbefore prayed. May it please your honor to grant unto your orator the writ of subpoena to be directed to the board of county commissioners of the county of Santa Fe, Francisco Chavez, sheriff and ex officio collector of the county of Santa Fe, and Nicolas Garcia, treasurer, of the county of Santa Fe, thereby commanding them, and every one of them, at a certain day, and under a certain penalty, therein to be specified, personally to be and appear before your honor in this honorable court; and then and there to answer all and singular the premises aforesaid, and to stand to perform and abide such order, direction, and decree therein as to your honor shall seem meet; and your orator will ever pray," etc.

On the 9th day of November, 1887, the defendants in error appeared and filed a demurrer to the bill, as follows: "The demurrer of the board of county commissioners of Santa Fe county, Francisco Chavez, sheriff of Santa Fe county, and Nicolas Garcia, treasurer of Santa Fe county, defendants, to the bill

in the year 1886 is void as to the said item | costs in this behalf; and also that, pending contained therein of thirteen cents for each one hundred dollars of said assessed property, purporting to be levied for the payment of interest evidenced by the said so-called 'warrants' and 'coupons;' that the said warrants, and all proceedings by the said collector for the enforcement and collection thereof, are void in respect of so much thereof as relates to the said item of tax; that the said tax of thirteen cents on every hundred dollars aforesaid is fraudulent and void, and a cloud on the taxable real estate within the said county, and specially is a cloud on the title of your orator's above-described tract of land, and, further, that, by the said decree, the said board of county commissioners may be perpetually restrained and enjoined from making, issuing, delivering negotiating, selling, or disposing of any further obligations, instruments, contracts, warrants, bonds, or other evidence of debt in the sum of twentyfive thousand dollars, or in any sum whatever, whereby the said county may be, or may be made to appear to be, chargeable or responsible for the payment of any sum of money for the erection of a court-house, or for the completion of the erection of a courthouse, or for the furnishing of a court-house, under the assumed authority or by virtue of any resolution or proceedings hereinbefore of complaint of Thomas B. Catron, commentioned or referred to, or by reason of any plainant. These defendants, by protestation, resolution or other proceedings whatever not confessing or acknowledging all or any which may be taken, adopted, or sanctioned of the matters and things in the said comby the said board of county commissioners or plainant's bill contained to be true in such probate judge, or either thereof, at any time manner and form as the same are therein set now or hereafter, when or while the lawful forth, do demur thereto, and for cause of deexisting indebtedness of the said county does murrer show that the said complainant has or shall exceed four per centum on the value not in and by his said bill stated or shown of the taxable property within such county, such a case as does or ought to entitle him to as ascertained by the last assessment for ter- any such discovery or relief as is thereby ritorial or county taxes next previous to any sought or prayed for against or from the said action, past or future, in the premises, by the defendants, or either of them. And for spesaid county authorities, or any thereof; and, cial cause of demurrer the defendants further further, that the said defendant Nicolas Gar- say and show (1) that said complainant has cia, as treasurer of the said county, may be a complete and adequate remedy at law; (2) perpetually restrained and enjoined in like that said bill does not disclose that said commanner from paying out of any funds in his plainant has paid or tendered the taxes adhands as such treasurer the said so-called mitted by said bill to be due from said com• warrants' and 'coupons,' or any part there- plainant to said county; (3) that said bill of, or any other like instruments or evidences does not disclose any facts upon which it apof debt; and, further, that the said defendant pears that said complainant will be irreparFrancisco Chavez, collector of the said coun- ably injured, or that his title will be clouded, ty, may be perpetually restrained and en- or that his remedy at law is not complete and joined in like manner from enforcing or col- adequate, or that the said bill and suit will lecting as against the tax-payers of the said prevent a multiplicity of suits; (4) that the county, and the taxable property therein sit- complainant has not by his said bill shown uate, and especially against your orator and such a case as entitles him to such relief as his property, so much of the said tax levy as is thereby prayed, inasmuch as it does not relates to and attempts to impose the said thereby appear that there is or would be any fraudulent and unlawful item, to-wit, the impediment to an action at law being brought said thirteen cents on every one hundred by the said complainant to ascertain the right dollars of the assessed value of his said prop- relative to the said tax in the said bill particerty; and, further, that your orator and such ularly mentioned, or that any trial or action, tax-payers as may come into this suit, and verdict or judgment, has been hitherto obcontribute to the expense thereof, may have, tained by the said complainant for that purnot only the relief above prayed, but such pose, or that there were previously to, or at further and other relief as may be just and the time the said bill was filed, or now is, equitable in the premises, together with their any authentic record of such right; (5) that