The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-02-19
SUPREME COURT
tHds DosrH Opinions in Number y
Important Cases Sercrat TaS
Cases Settled.

The OklhhOmh supreme court thici
stlce Dale and Associates McAtee,
erer, Keaton and Tarsney on the
nch. convened at II o'clock yester-
morning and handed down oatch
Important decisions.
In the noted equalization cases the
otions to renew the former petition
Er reheariDg we're ordered stricken
ON the files, and mandates directed
the lower courts.
In the matter Of Harper 5. Cunning
IN, receiver of National Bank OF
ithrie against the United States Ia
onai bank, the renewal OF the motion
such receiver for petition for re-
airing was ordered stricken from the
es and he WAS given sixty days from
.nuary II. 1898, to perfect his appeal
the supreme court Of the unitt
ates.
Sweet ct al VS. Boyd ct al is an &C
On bv a. W. BOYD and othera, by in
nction. against the treasurer and
,ard OF county commissioners OF Greer
unity to restrain the collection OF
rritorial and county taxes for the
ar 1896 on cattle aud other personal
roperty situated 10 the county OF
-eer, on the 1st dav OF February, 1896,
4 Chuht hHttE tOMuAl Woc ~ NhHN Nft'N
4 organized county OF the State Of
axas The court holds that the pass
2 OF territory from the United States
state is a legislative and not a
diciAl funcii IN and can only be eXer-
sed bv congress, and that, therefore,
e decision giving Greer county TO
slahoma relates back TO May 2, 1890,
ia that property in said county on
. ~ Hf la n q
taxation under the laws OF okla
ma Territory The decision also
Ids that "where party invokes the
,er of q, court Of equity TO roiisve
M from the payment OF tax, he
4 ust not only show that there has
4 zen a departure In manner or time
n ON the proceedin, s provided for the
sessment, lsvy or cole "tion of the
x, or an omission In the procedure,
/ he must show tha. such erparture
omission affects the grouud work
II I'D substance OF the procedure and
y fleets the justice or merits OF the
aim on the part of the public, and in
4 iriousiy affects his su bstRnlial rights.
court OF equity will not lend its aid,
i Injunction, TO restrain the collec-
on OF taxes because OF mere irregu-
.
d not iniure the substantial rights OF
4 q plaintiff
Ia the case OF the Topeka CONNER
al Security company sgAinst the
bard OF County Com missioners OF
4 klahoma, the supreme court feverses
i,aecision OF the lower court and
q Ids that "the law Of this territory,
mich provides for the taxation of lots
- tal l. - 4 fsva 70
at species OF property which an oc-
4 ipant OF lot upon a government
4 )wnsite in this territory has in the
4 Il and ITS Improvements, after the
4 ltrv Of the land at the government
4 ,ud Office, and Its segregation from
4 ne public domain. is not in violation
those parts OF the organic act of
ais territory which provide that no
tw OF the territory shall be passed
terferipg with the primary dis
4 osAl OF the soil and mo tax shall be
| nposed on fhe property Of the United
tAtes, and such property Is subject
taxation under the territory law,
J nd the holder OF valid deed, trans
,rring TO him the property, In pay
,ent OF delinquent taxes levied upon
4 Ich lot holds title paramount to that
3rRse property has been sold and CON
ed for tsxes Tarsbey dissenting
= in Maud Brook rs. Bayless ct I'll
om Kay county, an action II recover
srsonal property and damages, IN
\ 'hich Judgment wai given I ir PLAN
Il II, the Judgment in court below wa
Il fiirmed
Moses J. Belcher vs. Ridge whit
)ck. from Canadian county, action
pr slander, Ia which judgment was
btained by plaintiff ia the sum o.
. 100. the verdict vas affirmed
J. II. Winans vs. q A Bicdler au6
rhine Biedl,r, from Oklehoma cour
n ', action in injunction, Judgment ~
&he lower court affirmed. This dec'-
b on is TO the eff set that homestead
sttler who makes Improvements and
hose entry IS afterwards cancelled
4 lay remove his improvements. also
hat an injunction should not be
4 ranted where tina law affords an ade
uate remedy.
e. +. Black vs.. w Jackson. action
I injunction from Kay county, iudg-
lent OF the trial court affirmed, Kea
On and McAtee dissenting.
In School Land Leasing Board We
K. Grimes ct al. from Wood ward
ounty, the judgment OF the district
ourt was affirmed This opinion holds
nat the governor, secretary and audi
pr OF Oklahoma, as the board for
easiDg public lands Is not authorized
lease any OF said lands for longer
4 hriod than three years, consequently
4 lnnot accept an application TO lease
portion of said lands for a period Of
. 20 years and thereby compel the per.
,ns making such application to com
ly with the terms and conditions
hereof
III the case OF F NJ Jay VS. August
sissness, action Ia ejeetment from
iogan county, the judgment obtained
! Zeissness against Jaw and others In
: district court was affirmed
Agricultural and Mechanical College
= Charles H Willis aud William #.
bradford, from Payne county, is An
tion brought for work performed on
Dc college bulldog The opinion
'olds that the college Is strictly a
able or quasi corporation, and can
OF, In the absence OF express statu-
)ry authority thereof, be sued. aud
nat no such authority exists 10 the
irritory
. .-ip-5ames Friek VS.. j. N and Belle
.Yynolds. an action upon two promis-
{ry notes and 10 foreelose real estate
4 .ortgaRe, from Oklahoma county,
ldgment for piaiatff ia the court be-
" was reversed aud new tiill or
:red.
4 In the Grand Lodge ~ A O. u W.
>. Oleva FurmAn, from Payne county,
Awarded