The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-09-17
CORPORATE LIMITS.
TOWNSHIP APPRAISERS CAN NOT
CHANGE BOUNDARIES.
It Requires ehe Vote OF the People st an
Election for That Purpose--A Hearing
of Petition Before United States
Court, judgment Therefrom,

w. T. Gardner, Mayor of Ardmore:
Dear Sir-In response to your
request for my opinion as to wheth-
er or not the boundaries of the town
of Ardmore, as fixed by the town
site appraisers, appointed under the
Atoka treaty, would limit, or in
any manner affect tie territorial
jurisdiction of the council, for mu-
nicipal purposes, | beg to say, that
chapter %. of Mansfeld's Digest of
the Arkansas statutes, regulating
the incorporation OF towns and
cities, was put in force in the In
dian Territory on May 2nd, 1890.
Section 7S5, of that chapter, pro-
vides that the petition for the in
corporation shall, describe the
territory proposed to be embraced
in such incorporated town, and
have annexed thereto an accurate
map thereof. F"
Section 7S7 provides that if the
court shall be satisfied that said
limits have been accurately des-
cribed and an accurate map and
plat thereof made and filed * x = x
and it shall moreover be deemed
right and proper. in the judgment
and discretion of the court, that
said petition shall be granted, then
it shall make and endorse on said
petition an order, to the effect that
the incorporated town, as named
described in the petition, may be
organized, etc.
In the case of Ardmore, as in all
other cases of the kind, the court
exercised its discretion and rem
dered its judgment and decree in
cooperating the town of Ardmore,
within certain we'll defined limits.
Section IA, of the Curtis bill,
recognized the fact that chapter %
of Mansfeld's Digest was in force
in the Indian Territory, but in or
der to remove all doubt about the
authority Of the court to incorpor-
ate towns, it provides, That the
inhabitants of any city or town, in
said Territory, having 200 or more
residents therein. may proceed, by
petition to the United States court,
iE the district in which such city
or town is located, to have the same
incorporated, as provided in chap
ter 2S, of Mansfeld's Digest of the
statutes of Arkansas, if not al
ready incorporated Hereunder x x
x and such city or town govern
ment, when so authorized and Or
ganized, shall possess all the pow
ers and exercise all the rights of
similar municipalities IN said state
of Arkansas.
All the provisions of the law,
comforting jurisdiction Oh the court
and regulating the incorporation of
towns, were complied with; and
the limits of the town, for muni-
cipal purposes, clearly and def
nitely defined.
The authority of the city govern
ment, for all municipal purposes,
is co-eXtensive with those limits.
Its authority is no greater, nor
less, in one part Of the territory
covered, than it is in any other.
In chapter %. of Mansfeld's Di-
gest, there are provisions regHlat-
ing the throwing out of any por-
ton of the territory lying within
the corporate limits of the town.
These provisions require that the
matter be voted on by the qualified
electors of the town, at an election
to be held for that purpose, and if
majority of the votes cast be in
foyo, of +brou;1O Dor+c of the for