The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-02-24

prosecute the petition of the
people of Ardmore before the
United States court for the in
corporation of the town feel
that a statement of their view
of the law authorizing such in
corporation and of the powers
and duties of the city govern
ment when organized would not
be inappropriate.
In 1890 congress extended
over the Indian Territory sub
division l of chapter % OF
Mansield's Digest of the Ar
kansas Statutes, relating TO the
incorporation of cities and
towns. Under the construction
given to this act of congress by
the United States court of ap-
peals, this section was extend
ed over the Indian Territory to
the same extent as though con-
gress had re-enacted it word for
word. 1t is a law of the United
States, and in our opinion the
United States courts of the In
dian Territory thereby become
vested with jurisdiction to in
corporate towns and cities.
The necessity for some form
of local government is appar-
ent. Without incorporation the
people of Ardmore could not
take advantage of the provis-
ions of the Curtis bill now pend
ing in congress, authorizing
the town to buy and the Indian
to sell the land within the town
site. Without incorporation we
are an unorganized community
without a head and without po-
litical life. After carefully con-
sidering the provisions of the
statute, We give it as our opin-
ion that there would be no au-
thority in the council to levy
an ad valorem tax upon lots or
the improvements upon lots or
upon merchandise or other
kind of personal property. The
provisions of the Arkansas
statute on the subject of incor-
lporation. which authorize the
levy and collection of such tax
upon the kinds of property
mentioned, are in our opinion
not applicable to the towns of
the Territory. and under exist
ing law cannot and will not be
enforced. Before such property
can 0e taxed to any extent ad-
ditiOnal legislation must be en-
acted by congress.
The Curtis bill provides that
the incorporation Of towns
which have already been organ
lied or which may hereafter be
organized under the provisions
of the Arkansas statute shall
be valid.
The general powers of cities
and towns incorporated under
, the Arkansas statutes are defin.
, ed in section Isl of Mansfeld's
r Digest, which reads as follows
Section 751. They shall have pow
er to prevent injury or annoyanc,
9 within the limits of the corporation
! from anything dangerous, offensiv,
Y or unhealthy, and to cause any nui
7 sance to be abated within the juris
: diction given to the boardsof heaItl
in section 1872; to regulate the trans
portation and keeping of gunpowder
dynamite and other combustibles
and to provide or license magazine
for the same; to prevent and punis
fast or immoderate riding of horses
or the driving or propelling of We
hicles through the streets; to estat
lish and regulate markets; to Pre-
/ vide for the measuring or weighin
I : of hay, wood, or any other articl
e for sale; to regulate the transport,
}. ton of articles throughout th
streets, and to prevent injury to tn
- streets from overloaded vehicles; I
prevent cruelty to animals; to pr,
vent any riots, noise, disturbance {
disorderly assemblages; to regulai
drumming or soliciting persons VIII
arrive on the trains, or otherwis
for hotels, boarding houses, bat