The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-02-22
SUPREME COURT DECISIONS
Others Besides the Tax Case. OF Am
portance to Oklahoma

Guthrie. o. T, Feb. 19.-(Special)- BE
low is given a brief synopsis of some Of
the most important cases decided by the
supreme court yesterday in addition 10 the
tax deed decision which appeared in to-
days Eagle:
sweet e.. al, vs.. Boyd ct. al, is an
action by G. ". Boyd and others, by IN
junction. against the treasurer ana ooard
of county commissioners OF Greer couh-
~ TO restrain the collection OF terrific
rial and county taxes for the year 1917
on cattle and other personal property SIT
uated in the county of Greer, on the Isl
dav of February, 1895, because Greer coun-
tv was at that time an organized county
of the state of Texas. The court holos
that the passing of territory from the
United States TO a state Is a legislative
and not a judicial function and can only
be exercised by congress, and that, there
fore. the decision giving Greer county TO
Oklahoma relates back TO May ?, 1890. ana
that property in said county on February
l. 1896, might be subjected 10 taxation IN
der the laws of Oklahoma Territory. The
decision also holds that where a party
invokes the power Of a court of equity
to relive him from the payment of tax.
he must not only show that there has
been q departure in manner or time from
the proceedings provided for the assess
ment. levy or collection of the tax, or an
omission in the procedure. but he must
show that such departure or omission az
fects the ground work and substance OF
the procedure and affects the justice or
merits of the claim on the part OF the
public, and injuriously affects his substan-
tial rights A court of equity VIII not
lend its aid by injunction, TO restrain
the collection of taxes because of mere
irregularities in the tax proceedings,
which did not injure the substantial rights
of the plaintiff.
J.F. Winans vs.. G.. A. Beidler and Ar
line Beidler, from Oklahoma county. &C
ticn in injunction. judgment Of the lower
court affirmed. This decision is TO the
effect that a homestead settler who makes
improvements and whose entry is after
wards cancelled may remove his improve
ments, also that an injunction should not
be granted where the law affords an ad-
equate remedy.
In School Land Leasing Board VS. B. r
Grimes et. al, from Woodward county.
the Judgment of the district court was
affirmed. This opinion holds that the gov
ernor, secretary and auditor of Oklahoma,
asthe board for leasing public lands, Is
not authorized to lease and of said lands
for longer period than three years. con-
sequently cannot accept an application TO
lease a portion of said lands for a period
of five years and thereby compel the per-
sons making such application to comply
with the terms and conditions thereof.
Agricultural and Mechanical College VS..
| Charles f. Willis and William F. Brad
| ford. from Payne county, is an action
brought for work performed on the college
building. The opinion holds that the col
lege is strictly a public or quasi corpora
ton, and can not, in the absence of ex-
press statutory authority thereof. be sued.
and that no such authority exists in the
territory.
In the Grand Lodge of a. o. L. w. VS..
Oleva Furman, from Payne county, in
which judgment was rendered for de-
PENDANT in the court below for 200 on
an insurance policy and interest, for the
death of her husband, the judgment Of the
lower court was affirmed. The case OF
Mary Edmonson against the same organ
i7ation was also affirmed.
In John Hutchinson VS.. ]. NJ Canon.
from Canadian county. contempt pro-
ceedings. held that although court can
not imprison TO exceed ten days an Of
fender who wilfully violates an order Of
court requiring him to pay a!imony. yet
such judge or court has the power TO
! imprison such party until he complies
with the order so made.
In the noted equalization cases the mo-
| tions to renew the former petition for re-
hearing were ordered stricken from the
| files. and mandates directed to the lower
/ courts