The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1894-09-07

hNl Ddibon anu tht toec - N- 'i"'" -"
her favor.
Zack Mulhail vs Levi McNay. from
Logan county; case reversed.
Clyde Gardenhire and Jacob Gar
denhire VS. Nellie Gardenhire; appeal
dismissed
uv Judge hartford.
ST Butner VS. Western Union tele-
graph company; decision OF lower
court affirmed; appeal dismissed.
RM Collier VS. Territory OF Oklaho-
ma; from probate court Of Pottawato-
mie county; reversed
VIM bradford VS. Territory OF Okla
homn: from Oklahoma county; appeal
dismissed.
Abraham Brown VS. Abraham Par
ker; from Lincoln county; appeal dis
missed.
An Important Decision.
The supreme court yesterday hand
ed down its decision in the case Of the
New Vienna Qll) bank against the
City Of Guthrie.
This is one of the most important
and famous cases ever brought before
the supreme court of this territory.
While this particular case under
consideration cnly involves few
thousand dollars, it decides questions
OF law that effect the validity of SOS,
600 to $50, 900 of the Indebtedness OF
the City of Guthrie, and large amounts
of Indebtedness against Logan county.
( 1t therefore becomes OF the utmost
| Importance and of general interest to
property owners and taxpayers Dur
| ing the existence of the provisional
government of Guthrie, West Guthrie
aud Capital Hill, which was before the
passage of the Organic act giving us a
territorial form of government, the
| provisional municipal authorities
of Guthrie, together with the provi.
sioual school board contracted large
debt for school furniture aRgregating
over IS, 900, part Of which was paid
in cash, and two warrants were issued
to the corporation or firm which fur
nished this furniture for something
over 81, 600 each. These two warrants
were sold by said firm or corporation
to the New Vienna bank of New vi
emma, ILL.,
After these villages had been incor
porated and after the consolidation
of these villages into the City of Guth
rie, the legislature of the territory
passed an act for the purpose Of 'pro
viding for the allowance and paymen
of the Indebtedness before that tim
incurred by the villages of East Guth
rie, Capitol Hill, West Guthrie ant
Guthrie.
The provisional debts were audits
and allowed by a. commission pro
vided for in said act and reported T.
the district court of Logan county 70
its approval. The Hon. T. B. Green
Judge OF this court, over and agains
the objections and protests of the cit
of Guthrie, approved the report of thi
commission and ordered the city {
Guthrie to pay said claims, followin
the law as declared by the ruling {
the former supreme judges of this te
ritory in the case of Losey.
The city of Guthrie appealed froI
this decision OF Judge Green by tn
then acting city attorney, J. A. Baker
to the supreme court. Mr.. Baker ile
an elaborate brief and made an eX
tended oral argument before thi
court, and to his energy and zeal /
behalf of the Taxpayers aud his client
the city of Guthrie, and TO his eminen
ability is due this decision of TIA
supreme court overruling the decisio
Of Judge Green and of the Losey casC
and annulling and setting aside tn
act of the legislature before referre
10, thereby settling the law and sayin
the city of Guthrie more than S30,0OC
and reducing the taxes of our peopl
very perceptibly. This decision el
tends still further and construes an
applies the provisions of law forbi,
ding cities to incur an indebtedness
exceeding 4 per cent of the assesse
value of its property, and in this pa
ticular, affects the validity of niue
of the Indebtedness of Logan count.