Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-10
LEGACY LEFT BY sELF-CONSTITuT-
ED MUNICIPALITIES.
GUTHRIE is THE FIRST VICTIM
UNITED STATES SUPREME COURT
SAYS CITY MUST PAY.
A Reminder of the Days When "CIt-
les" Were Created without Au-
thority and When Munici-
pal Business Was Done
on Credit System.

GUTHRIE. o. T., April 9.-The case of
the Guthrie National bank against the city
of Guthrie. decided last week in favor of
the bank by the United States supreme
court, is one of great Importance to the
citizens who have been here since the OPEN
ing of the territory. Soon after the OPEN
ing the people in the different subdivisions
now comprising the city of Guthrie with
out warrant OF law organized city govern
ments which undertook to preserve order,
to police the city and to determine the
rights of claimants to the possession of
certain lots.
The financial affairs of these self-created
organizations were operated chiefly on
credit, no attempt being made to levy prop
erty taxes. and the revenues derived from
fines and licenses were inadequate for their
support. When a legally constituted mu-
nicipality was organized by the first legis-
lative assembly these self-constituted gov
eminent went out of existence, owing in
the aggregate sum approaching 5000
This assembly passed law requiring the
commission to audit the claims which de-
served payment and upon the approval
Of the commissions findings by the court
upon the several subdivisions for the
amounts formerly contracted by each
=. The liability of the city of Guthrie for
TIC usptS Contracted py the ulIIerent
provisional governments has been stubborn
~ contested ever since the commissioner
findings were reported. 1t was first held
by the supreme court Of the territory that
the act fixing the liability on the property
Of the city was valid. This decision was
the case Of the New Vienna bank against
the city Of Guthrie, that decision was over
ruled, and since that time the reports of
the supreme court TEEN with like decisions
rendered in the cases Of Guthrie and Okla
CUh Hxynu hot vSy iIor
One of the last decisions directed the
district court of Logan county to dismiss
the entire proceeding and all Of the claims
then pending, and this order was duly
tional bank. which holds between $500 and
$1,000 of claims allowed by the commits
sion, appealed to the territorial supreme
court, where the action of the lower court
was affirmed, and then taken to the United
states supreme court. There the action
versed, the law of the first legislative
assembly held valid and the claims sus-
tanned as valid claims against the city Of
Guthrie.
None of the other claimants except the
Guthrie National bank prosecuted any ap-
pellate proceedings from the actions of the
courts Of the territory. and whether the
effect of the decision Of the United States
supreme court is broad enough to REIN
state all claimants and settle the entire
on the city, or whether it will be con-
fined to the Indebtedness held by the
Guthrie National bank only, remains to
be seen.
In the settlement of this question very
great interest will be taken. not only by
Guthrie, but by other towns which
originally were controlled by similar UNI
authorized city governments.