The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-31
MANY kNOIIY GASES
Decided By the Oklahoma Su-
preme Court.
STATUS OF RESERVATIONS
School Insurance Law Upheld
--0ther Noted Cases.
STATUS OF RESERVATIONS

Guthrie. o. T, July so.-(speciaI-)- The
supreme court Of Oklahoma met today
and handed down seventy-four opinions.
q number Of which are interesting be-
cause of the precedents established.
Anon gthese Is the JemIma Goodsen case
which establishes the jurisdiction Of the
federal and territorial courts respectively
in the Indian reserva tons attached to
Oklahoma for judicial purposes. The
opinion was written by Chief Justice Bur-
ford, and In the syllabus he says;
Tho district courts Of the territory Of
Oklahoma when sitting with and exercis-
ing the powers and jurisdiction Of a Unit
ed States court, have exclusive jurisdic-
ton Of all crimes punishable by the laws
Of the United States when committed by
persons other than Indians upon an In
dian reservation occupied by Indian tribes
and 30 which reservation the Indian title
has not been extinguished; also Of all
such crimes when committed by an In
dian On such reservation except the spe-
cif1o crimes of murder, manslaughter
rape. assault with intent to kill. arson.
burglary and larceny.
The sheriff and county attorney of
Pawnee county are the proper executive
officers Of the Pawhuska court and should
attend its sittings and perform the duties
required of them by law"
The court also holds in this case that
the residents of hte Usage Indian reserva-
ton are not legally qualified for jury ser
81 Do 10
court must be drawn from the Pawnee
county jury list.
SCHOOL INSURANCE LAW.
The supreme court also uprolds the ter
ritorial school insurance law;
1.-The legislature Of this territory has
complete authority over the territorial
school fund. provided it be used for pur-
poses advancing the interests Of the
schools and school system, and this au-
thority includes the power to appropriate
such portion Of the territorial school fund
as the legislature may direct to the es-
Establishment of an insurance fund such as
Is provided in chapter II of the session
laws OF 1897.
Sections l and of chapter II of the |
session laws of 1897 are intended solely |
for the purpose of making an appraise- |
Iuent which shah furnish a basis to the |
assessment and constitute a general |
school insurance fund, and the fact that |
such a method has been provided for and |
such appraisement and assessment made, /
does not reflect nor throw any doubt upon |
the provisions of section 3, which are ex- /
clusively intended to provide a method |
by which losses by fire or storms shall |
be proven and adjusted in cases Of fire. |
The jurisdiction of the probate judge to |
hear and determine the same and the |
manner described is not affected or limit
ed IN any way by the amount of appraise-
ment ascertained under the provisions of
sections l and 2
One of the very important opinions
handed down by the supreme court Is in a
case brought up from Greer county In
which the court holds that a county is
not liable for witness fees in criminal
prosecutions.
The suits brought by the cattlemen, rep
resented by Chester L Long, to test the
transient tax laws, are decided adversely
TO the plaintiffs and the validity OF the
tax law is upheld.
In the case of Renfrow VS.. Webb and
Jones thi court holds that when property
has been assessed above its actual cash
value such assessment void and the
owner thereof can obtain relief by proper
howing in a court of equity.
In an action on an official bond of a
county treasurer the court holds that the
fact that the moneys were deposited IN
a solvent banking institution which there
after failed. resulting in a loss OF the
funds without any negligence upon the
part Of the treasurer. constitutes no de-
Tense to said action.
The list Of decisions rendered today is
as follows:
BY JUSTICE BURFORD.
Herring vs.. Virgins Co., Treas, dis
missed.
Mitchell VS.. The Territory. reversed.
Cullins vs.. Overton. affirmed.
Mcdonald VS.. stiles, reversed.
Sproat VS. Durland, dismissed.