Smith v. City of Raton

Citations

• 18 N.M. 613
• 140 P. 109

Syllabus

<p>SYLLABUS' (BY THE COURT)</p> <p>1. Sub-sections 6 and 67, section 2402, C. L. 1897, examined; Held, that the first paragraph of sub-section 6, authorizing the issuance of municipal bonds for certain purposes, and providing the procedure therefor, which portion of said sub-section was enacted as a part of sec. 14, chap. 39, S. L. 1884, was not repealed, modified or amended by sub-section 67, enacted as see. 1 of chap. 70, S. L. 1897.\\</p> <p>P. 620</p> <p>2. The first paragraph of sub-section 6 of section 2402, C. L. 1897, is not inconsistent with any provisions of the State Constitution and was therefore continued as a law of the State by virtue of section 4 of article XXII of our Constitution.</p> <p>P. 622</p> <p>3. Under the power granted to eities and towns by subsection 5, sec. 2402, C. L. 1897, to erect all needful buildings for the use of the city or town, such municipalities are limited to the erection of such needful buildings as may be required for public uses, or for municipal uses and purposes and contradistinguished from private or quasi-public uses, and, if the primary object of a building to be constructed is a municipal purpose, the fact that it may be incidentally used for theatrical purposes, may not have the effect of rendering the action in erecting it invalid; but where the paramount purpose and object is for other than strictly municipal purposes, legislative authority is lacking in this State, for the erection of such buildings by cities and towns.</p> <p>P. 623</p>