The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-03-01
NEW COURTS FIRST ACT
To Deny the Motion to Reopen Tax
Equalization Case.

|
| Guthrie, o. T., Feb. 8.-(Special)-The
first judicial act of the newly organized
supreme court was to deny the motion of
Attorney General Cunningham for the re-
| instatement of former motion for a re-
| hearing and review of the case of Gray
VS. Stiles, which involves the power of the
! territory to equalize taxes. The nature of
the case is embodied in the petition, which
was as follows:
| Comes now Harper S: Cunningham and
shows to the court that he is the attorney
| general duly qualified and acting of the
| territory of Oklahoma.
THAT during certain past terms of this
court there was filed in said court the case
| of Wallace VS.. Bullen and four or five
other cases involving the same or similar
| questions. That the case of Wallace vs.
Bullen was duly argued and tried. That
the other cases were not argued and tried
and that an agreement and stipulation
was entered into and by and with the ap-
prevail of this court that all of said cases
including the case above named. should
| follow and abide by the decision of the
said court in the case of Wallace VS.. Bull
len.
That after the decision of said case of
Wallace VS.. Bullen, and while the same
was pending on a motion for review, a
majority Of this court set aside and grant
ed review in all of the other tax cases.
including the above entitled case of Gray
VS. Stiles, and decided the same, an
nouncing a doctrine exactly opposite to
that announced in the case of Wallace VS..
Bullen, and while the case of Wallace VS..
Bullen was still pending and standing on
review unreversed. and this notwithstand-
ing the agreement that all of the above
cases should follow and abide by the de-
cision in the case of Wallace vs. Bullen.
That since the judgment of this court
in the above entitled case of Gray vs.
Stiles your relator has made various mo-
tions for re-hearing and looking to the
enforcement of the agreement made, that
said cases should all follow and abide by
the decision in the case Of Wallace VS.
Bullen as aforesaid, and that said motions
have not been considered by the court
and he has never been permitted to intro
duce proof before the court of said agree
ment, and that his last motion therefor
was stricken from the files of this court. |
and that unless this court shall intervene
at this time that mandate will go forth |
and a decision in the case of Gray VS. |
Stiles will go down - me lower court for |
enforcement
"As an additional reason why this court |
should withhold the mandate your relator /
says that the precise question was pend /
ing in the supreme court OF the United 4
States in the case of Thomas ct al vs.. d /
P. Gay and A. S. Reed. and that decis- |
ion was rendered during the past week in 4
said case. That your relator is not able |
TO state the exact terms of the opinion. |
but that he knows that the precise ques- /
tons involved in this case of Wallace vs.. /
Bullen and Gray VS.. Stiles were submit |
ted TO the supreme court Of the United 4
States, and submitted by counsel chiefly I
on the one side with reference 10 the ar
sument contained in Judge McAtee's
opinion in case Of Gray vs. Stiles and on
the other side with reference TO Judge
Tarnseys opinion In Wallace vs.. Bulien.
This information has been received
that all of the tax Ievies have been sus-
tanned. and your relato- is unable TO see
how a decision could be in favor Of the
territory and the county Of Kay unless
the power of the equalization board 70
equaIize taxes was upheld by the supreme
court OF the United States.
''Wherefor your relator asks that his
motion FOR re-hearinE and review be rein
stated: that this court hear proof upon
the question OF the agreement that said
decision should follow and abide by the
decision in the case Of Wallace vs. Bull
len. and that in the final decision Of this
case that this court be governed and con-
trolled by the decision in the Kay county
cases"
The record Is now being prepared pre-
Eninary 10 an appeal 20 the supreme
- Il 4