Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-07-30
MIDDLE JUST A
bITIl5 THINNER
HAVE NIGHT or APPEAL


I''..'". ''"t the county nomwi7-
siouua o.d han The raal to appeal
from f.. d.r..., .f .r.. r...i..
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''' '..'' "''
'.''.'' .' perfect sH.E appeal uI.-
'rirt du0Ho D.. Me- Poe Zoo lua.hv.
logical .uuu.. Yesterday u.orr.n..
dismissed r.. ..,,...., .t......,
....... ...
" ' '''''''.. ''"''H I'
'""".. NON WIN their REFUSAL 90 obey
tho mandate ot tno District Court ID
pay tar sllgrIn. of s.r.rI.r Undo. At
A .r.......r,..... .... ......,. ..,..,.
,, r ,.
''' ''' ''.' '"' inc 'i'O N"'i'ei ol
'ar present year.
Iudge Poo has been prgnarlpr t1I,
opinion since July 25th. when tho
county commissioners appeared in
court m answer to citation order
for them to show why they had not
paid the salaries %. ordered by tna
court. The opinion is based almost
entirely ON Judge pocs own construc-
ton ot the law, as there are practical
ly mo- procodcnts I'm law cf a case of
this kind
The court held that under the ok
lahoma Constitution provisions creat-
Ing the board Of county commissions
ors, give the board the right to sue
ana be sued" and gives such power
to no other officer Of the county. Tho
court held that II a party has a rlpht
to sue, thoy have the right to push
u suit to Il final determination. or in
other words, to carry It to the highest
court In the land. This the commis-
sloners were endoavoring to do when
they passed n resolution ordering tho
county attorney to appeal from tho
decision Of Judge Poe in ordering the
salaries paid.
"That being my copcluslon.o said
Judge Poo then It follows that the
board Of county commissioners aro
not now, nor were thcy In contempt
OF court at the time of the issuing or
this citation, for the reason that under
the law as l have construed #. they
had taken tho necessary steps TO per-
feet this appeal"
After concluding his opinion. Judge
Poo jooularly said,
~ thing now we should have Cow
ernor Cruce appoint another super-
Tor Judge as understand there Is
talk Of eecting another school board
By reason OF this decision. Judge
breckenridge and his employees will
have to work without compensation
until tho appeal from the decision
Of Judge Poe IN ordering the commits
sloncrs to pay their salaries has been
decided by the state Supreme Court.
This case came before tho court IN
tho following manner:
At the end Of the first tbree months
Of this year, Superior judge Rrocten-
ridge appointed by Ex-Governor Has
koll. filed a claim sor tho salaries Of
himself and clerk. The county COM
misslonors refused TO pay this salary.
holding that Judge League. their an
Dointoo to the office, was the only
legal superior iudge. An onnooI was
taken 20 tho District Court from tbfs
order Of the county commissioners
and District Tpdgo poo ha,1 r,at
Judge procloprr5go yos ra a,.,,. a.',
colo Ioe,I eun.r,,,. ca,,., t,.,g' '",
NO srcL t. o,m,,,,, yuu9'' ''''''
I'LL C'''''''i'Sioi'e''
,rt I'S ..'' 9''''S uue'
,'""'y 'o''iu'Ss'ohtrs ud not
U"vy '''' oru'r' ana passed resolu-
"u" requesting tho county attorney 20
tahe an appeal TO tho Supreme Court.
This tho county attorney, basing his
opinion, with somo authority, on the
idea that he alone had the solo right
10 decide such matters, refused 10 do
so, stating that I'm his opinion the
ruling OF tho District Court was cor.
rect.
Thus tbo nottor stood r,u r,d,o
Poo lsgrod a cito,io, oraar s,r ~
count. co,,,,,,,s,,,rar, -, -. T..
go, o.. .l'', .'.,,. "I',I'' 80
IN 'u.' WY l''' ''"u1u
NV ,' "''. J" "u'e"'P' iol Hot opeE-
"s ''' "'''' "' ',l' COURT
IN passing upon 'he case Judge Poe