The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-04
ZONE PER CENT LIMIT CASE
Decided Unanimously That There 10 NC
Such Limit In the Law.

Such Limit In the Law.
Guthrie. 0. T., Sept. 3.-(Speciai.)-
By a unanimous concurrence OF all the
justices, the supreme court this morn
ing decided that the territory was not
limited to / per cent Indebtedness on
its assessed valuation.
The argument in the mandamus case
Instituted by the Leader Printing COM
pany TO procure a construction OF the
statute pertaining TO territorial inde5t-
edness was made yesterday afternoon by
Henry Asp for the plaintiff, Attorney
General Cunningham appearing Tor the
territory. 1t was the general belief the
decision of the court would uphold the
credit OF the territory but the unaninn-
tty Of the decision came in the nature or
a surprise The announcement OF fav-
orable decision was received with salts
faction, with the possible exception or
the professional warrant buyers, who
have been taking advantage OF the sit
uation to depress the value or territorial
warrants by circulating reports to the
effect that the Indebtedness Of the terri
tory was I'D to the limit, hoping thereby
to brighten warrant holders into dispos-
ing of their scrip at the price named by
the professional scalper.
The stand taken by Auditor Nichols to
procure a construction Of the statute and
today's decision has completely spoiled
the game of these professionals and the
value of territorial warrants will now
keep company with dollar wheat, in 9TH
sell RI
There was a large and expectant au-
dience in the court room this morning
when the justice fled in from the con-
sulta ton room and took their seats. No
time was wasted in preliminaries and
Chief Justice Dale called the case of the
Leader Printing company VS.. A. O..
Nichols, territorial auditor, announcing
the decision OF the court briefly in the
following words;
This is an original proceeding in
mandamus and is a matter Of public i'm
portance, ana of that character which
the court deems of sufficient Importance
TO justify the court in giving the judg-
ment at this time, although the poinion
OF the court Is not yet prepared, but will
be shortly. It is, without announcing
the reasons OF the conclusions OF the
court ,as they will better be announced
in the written opinion which VIII be
fled, the unanimous judgment Of the
court that the law under consideration
is not intended by congress 70 limit the
issuance Of warrants for territorial pur-
poses, where the warrants were issued
to meet casual deficit in the revenues
for running expenses OF the territory.
In other words, that the. per cent limit
has no application 10 the case under con-
side-atspsb ana the auditor Is airsesei TO
issaeI,fre warrant, fer the sum ,claimad .
The chic. justice further announced
that the written opinion in the case
would perhaps not be handed down un-
I'll the November term OF court.
As predicted by the Eagle. & majority
O. the court, consisting OF Justices Nc
Atee, Bierer and Keaton. concurred in
| the opinion which declares Illegal the &C
| ton Of the territorial board Of eQuaiiza-
! ton in raising the assessed valuation o.
/ the territory for the year 1895. Each Of
| the three justices named reached dill
! farent conclusion through a different
! process Of reasoning and each submitted
an opinion in support OF his views. The
announcement Of the decision was fol-
| lowed by an explanation from Justict
l Tarsnay which created a sensation and
/ for short time il looked as thought taC
/ dignified judges would forget their posi-
tion ana indulge in little personalities.
Justice Ta-sney's remarks remarks
were 20 the effect that he had refused <
! participate in ne deliberations q ;lt
court when the Gray-Stiles case CHE "a,
easel vas under consideration, hOldins
that Il vas farce upon justice - -en
der an opinion when there VAS an al
/ verse decision on record che aWllace
Rulien casel These remarks called %
| replies from the three justices concurr!ni
/ in the opinion and The remarks q JUS
! ice McAtee were particularly tar II
which he practically rebuked his as
sociste in not acting u2 . his duty
Here he incuien; closed and the 5osi
! ness % The court was resumed.
In view os previous statements MAJ
BY Justice iRsre- ana kezton i is
mater OF conjecture arnong ne nsnoes'
~ he aa- by wsat mental process ne!
changed about face sufficiently 10 eoFlca
/ with Judge McA,se IN the opinion hama
ed down today That bota justices Se-
opposed 20 The board ofeIuaiiz2ion j
me matter OF raising Assessments = Se'
known. Oh, IL wss only few weeks as