Lanigan v. Town of Gallup

Citations

• 17 N.M. 627
• 131 P. 997

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Sections 12 and 13 of Article IX of the State Constitution do not confer the power upon municipalities to contract indebtedness, independent of legislative authorization. In this regard such sections are not self-executing.</p> <p>2. A constitutional provision is self-executing, when it takes immediate effect and ancillary legislation is not neces■sary to the enjoyment of the right given, or the enforcement of the duty imposed.</p> <p>3. Where the board of trustees of a town proceeding under Sections 12 and 13 of article IX of the Constitution held an election to determine the question as to the issuance of bonds for the construction of a system of water works and sewers, and did not follow the procedure required by sub-sec. 67, C. L. 1897, the bonds authorized at such election are invalid.</p> <p>4. The twelve mill levy limitation, fixed by section 12 of article IX, does not apply to debts contracted for the purchase or construction of a system for supplying water, or for a sewer system, for cities, towns or villages.</p> <p>5. Cities, towns and villages are not authorized to submit to the voters of such municipality the joint proposition •of issuing bonds for the double purpose of constructing a water works system and building a system of sewers, without providing for a separate vote upon each question.</p>