The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-06-03
MANY IuPoaTANT CASES
To bs Considered by the Terri
t0rial Supreme Court


pending on petitions and motions, and
the others are civil cases
The most important case will be that
OF Wallace VS.. Bullen, involving the
question Of the tax raise The last de-
cision OF the supreme court, in the case
Of Gray VS.. stiles, from Logan county,
held that the territorial board OF equal
ization had no right TO raise the total
Of the assessed valuations returned by
the different counties; that the duty
Of the board was simply to equalize
the valuations The supreme court had
formerly held, in the same case, that
the board had the right TO increase the
total, the reversal being made upon a
reheariug.
The Wallace VS. Bullen case came up
from Noble county, where Judge Bierer
had decided that the raise was illegal
A rehearing was asked, but it was not
granted until after the final decision
in the case OF Gray VS.. stiles. There
is much conjecture as to what the pres
ent supreme court will do. or the old
court, Judges Dale and Tarsney held
the raise to be legal Judges McAtee,
Bierer and Keaton, a majority, took
the opposite view, 1t is believed, how
ever, that the sentiment OF the court is
divided as follows Against the raise,
Judges Burford, McAtee and Burwelli
for the raise, Judge Tarsney and pos
sibly Judge Hainer.
The case OF Veder B. Paine against
the townste board OF Guthrie, in which
he seeks 20 get possession OF 100 acres
Of land, comprising the most valuable
residence Of the town, will be argued
upon a rehearinr. Paine claims TO
have acquired this land by homestead
entry before it was made part Of the
town site Henry IL RockGnger, who
claims the south half Of West Guthrie
for the same reason, will begin original
proceedings at this term Of court to get
possession OF the disputed land.
S. N Hopkins, territorial auditor
and superintendent Of education, has
been ordered by Judge Bufford, chief
justice, to appear and show why writ
Of mandamus should not issue, upon
the petition Of school district No. OF
Oklahoma county, compelling him TO
draw warrant for S2ss upon the ter
ritorial school insurance fund TO re
place school building burned in Okla
homa county on the 25th of October
This suit will probably test the dis
puted validity Of the school insurance
law passed by the last legislature.
This law required that county superin-
tendents should list and place valua-
tion upon school houses and school
! furniture in their respective counties.
| Upon tins valuation the auditor was
authorized TO levy Rn assessment OF
| per cent for an insurance fund for the
provided that when losses should Occur
proof should be made TO the probat,
judge, who should hear evidence an,
hX the value and the amount OF tn
loss. The law, however, failed 70 sal
that the probate judge should be gov
erned by the valu ,tion fixed by Tn
county superintendent. II is upon thi
point that the mandamus proceeding
were brought The probate Judge Gxe
the three-fourths value OF the buildin
aud contents at s3ss, based upon test
nony taken in court. The auditor
however, drew warrant for onl
sl7125, which was three fourths Of IN
valuation fixed by the county superb
tendent. Auditor Hopkins, withor
discussing the point in question, a
tackled the school insurance law in
general way in the following letter [
II. H. Bernard, OF Yukon
y 81 am in receipt Of the findings
Probate Judge w. r. Brown, Of you
I county, in the case OF the destructio
D Of school property in your district, n,
D o., by fire. In reply / desire to say
e you and to all concerned in your di
y trict, and 10 the citizens Of all district
r. in the territory as well, that. in vie
d Of the fact that we are unable TO full
}. interpret or understand the insuran,
law passed by the last legislature,
understand just what IL means in ful
! have decided not to Issue warran
s based upon findings made by the pre-
u bate courts until the whole matter
o brought before the next legislator
The law seems TO oe a kind OF mix
, every body, including this administr
tion, attorney general and all So
c desire TO state TO you and to the publ
j. that the findings sent 10 this office Z,
the destruction OF school property I
a fire or storm win be placed on hle an
j. win be laid before the next Legislature
There is but one hardship that occu
. to me in this matter, and that is deIa
OF the districts to receive the iaone
:, due them, but OF the evils cont.ngeI
in the matter we have chosen the less
, BieHHiGi Meeting Federation WomeH
Clubs Dcnrer, Colo, juno sf-*g.
p For the above occasion the Santa i