The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-16
CROSS REVENUE TAX LAW
ANO AMENDMENT UPHELD
Decision viii Affect Corpora.
tIons, Several Of Which Have
Cases Pending

Sixty-five opinions were handed
down by the supreme court this morn
ing, among them being a number Of
considerable interest ard importance,
IN the case of ] Ii j Huiconlb v.
the c. r. I. g. P. Railway company
the supreme court decided that coun-
ty courts mad exclusive jurisdiction
of appeals from justices of the peace
and that where a motion was made IN
the district court to have case
brought there directly from the jus
tice court either dismissed or trans
ferred to the county court. II should
be granted
The court also held in the case Of
Mary b. Herbert v s. r. Wagg ct al
thai II was within the discretion 0l
l..e trial court to allow separate trials
IN civil matters TO several defendants
or refuse came. also that where the
law grants several kinds of rellef
ard the party elects ostand on one,
he Is then barred from seeking anoth-
er
The application of the city Of Ok.
lahoma City for writ of mandamus
against Governor Haskell to compel
him to appoint a board of park com
missioners to appraise land in Okla
homa City that 1t could be taken and
erected into boulevard. was denied
on the grounds that the supreme
court has no authority TO mandamus
the governor
Paid for Jurors Dinners.
A peculiar case was that of Ben r.
Gafvin v. S. A. Harrell, appealed from
the county court OF Seqnoyahcounty'
where the plaintiff in the original
action took three OF the inrymen sell
ected to Try the case into restaur-
ant owned BY fourth juror and paid
for their dinners. He won his case
i'm the lower court, but the supreme
court reversed the decision and order
ed the case tried over,
The city marshal OF Ada impounded
and sold a horse under an ordinance
OF that city, which also required him
to keep a record of the animals inn
pounded and the owner objected be-
cause the record was not kept, but IN
the case Of Joe Daniels V. Albert
Franklin, from Pontotoc county, the
conrt held that ii the imponnding and
sale were in the name prescribed by
1Gs ordinance, the sale was good any
way
In the case OF the Tulsa Street Rail-
way V. the Oklahoma Traction COM
pany the court held that city had
the right to grant a franchise to a
street railway company in Indian ter
ritory DAYS and that its rights were
exclusive, unless equal rights were
granted to other parties By legislative
authority and that others might be
restrained from encroaching on such
rights
Gross Revenue Tax Law Upheld.
Probably one of the most import
AMI cases decided was NJ. G Bnion,
Sheriff. V. The Oklahoma Gas and
Electric company from the district
court Of Oklahoma county. upholding
tie gross revenue tax law of May 26.
1865. ard the amendment In the ACT
of March ~ 1909 Several foreign
cornorations now have appeals from
the operation of this law filed in the
federal courts. Other opinion were
handed down In the following cases;
BY Justice Hayes.
Tulsa Street hallway company "
Olllahoma Union Traction company.
appealed from the disvict court OF
Tulsa county; reversed and remand
ed.
5. A. Simmons. ct al, v w. r. Whit
tIngton. error from district court Of
Carter county; reversed and remand
ed
Henry Welchi V. ]. Coody Johnson
error from county court of Seminole
county: reversed and remanded.
sam Hassell V. G. w. Morgan and
II. r Douglas. error from eouny court
of Greer county; reversed and re-
manded.
A. J. Seay V. Board OF County com
mlssioners OF Ellis county and board
ef county commissioners OF Roger
Mills county, original action In su
Isreme court dismissed.
j. M. Arnold v NJ. f. Moss. error
from district court of Garter coun
ty. reversed.
Joe Daniels V. Albert Franklin. er
70 fom county court of pontotoc cnuI
ty, reversed and remanded.
J. NJ. IathIm " G. d. Setback. er
rcr from district court of piitsburl
court, dismissed.
- IN. a3iKulinit TlEW' Poole. errol
I , from district court Of Craig county
reversed and remanded-
H. ] Iantzen v. The Emmanue
German Baptist church. error iron
county court OF Blain county, affirm
Thomas c. Harrill v James Parkin
son. error from district court of Wac
.ffg,.,,taI