Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-09-01
~ soc,.,.

be obtained iron. '' lprcme court
This agreement reached the court in
an oNtraneOus manner, and the court
In order that this school muddlc
might be settled as quickly and as
amicably as possible, although not
binding on the court whatever and
solely for the purpose Of harmony,
ana that the parties might agree
among themselves as to what should
be done, IN the meantime this court
| has, on two or three different occas-
ions, heretofore postponed its docis-
/ ion"
The court then went into the heart
Of the case ana reviewed the couton-
tions SGT forth in the exceptions, and
the points brought out by the attor-
neys during the trial of the case. The
/ first question on which the court ruled
was that on motion by the defen-
| dants going in to the matter Of the
| jurisdiction Of the court After re-
/ viewing a number Of authorities on
/ this matter, the court OVerruled the
motion of the defense
1T become necessary" the opinion
reads, "to decide right at the outset
what 10 a do facto otecor and who oro
tbo do footo ,gioo.. rIon,,Iy his
matter Is not left to the court TO de-
eide, as matter Of first instance.
| Every court Of last resort has passed
A. u.ho rs ,n omoo nrdor onnorort
oolor 80 ,,ti, b,, NOV. - an nnnotrt
,,ort ar oIaotior n.bo hnlds snr q
d,Grito torn, 70 bo boIds o,,or oftor
tho o,,,irotio,, % tbot +o,,, as ,org
as he is In nossossi,n 90 tbn ofics and
Ievorcisirg ire furctiors and refuses to
gIve # I'M 10 tho nortios cIoi,,ino, Il
e. Of ioost tba a., e,o,o onoo,. -
r,bo CONT tbo, ro,,iou,od tho octs %
botI, hoords IN tbo 1roht Of What oc-
tions corstI,rto do focto hoord In
s,,,,,,,i,q, -, bo soid.
"T,bo old hoord tho rocords show
olv.,,,s rod civ r,ar,bore nrosort aud
,bo,, boId roo,,Ioy ,,eotipgs oe reouirad
l,v law, and enocioI n,aotirge or
nronor call and transacted tho busI-
moss Inv boyinp ouorrm The inter
modiarv hoard navor had ouor,r
and u,ouor,,., go, .r,,,,o,.od a,,,,
Ioufrl b,,siross on any, hrei,oss +bo+
u.as birding or 1ogol Tbor # tbe,,
thev didn't do any acts which would
/ constitute them de facto officers they
are not defacto officers. because the
very essence Of defacto tenure Of
otice-to constitute one So is the
possession Of the office and the trans
action of the business ard perform
ance Of the duties of the office"
Then the court took up the matter
OF the old board levying the taxes for
the coming year IN passing on ms
phase OF the matter tiie court sa'u:
II lhere were any ooupt III tne
NINA OF thlS court as 10 Whlch one OF
thes' noaruS was the ue iacto poaIu'
1t Woulo pe resolved IN favor Oh tne
oiu p"aru' ior tle reason t'at unless
'he court uIa say t'at the oId poaIu
was '''e "e '".'o no''u' ,''ic 'oU'u
We II" 'Oii'o.n .'I ''e e''s"i"s Ee"i 1t
n'aheS nv uiiereHce VINO "oit '''
uc Juie u""'u' " pe uv,ei ''''ie" "e'
I''Vi Vo"i, "o'iN ''''
uUup' II, lawn Vi '''e CONTINUATION u
~,
-, Nv ,'eN. ,"'''.',,'o'i '"NS" uP va.
.ne Coi'' 't"''ol oi '"e new poaru 'na'
MI N"S'e'S WIS ue iacto oIil'er'
even Il the ne" board was not de
lacto officer Ihe court held that
the admission OF Masters on the wit
ness stand that he held his Office by
virtue of an appointment of the new
board, which the court decided was
not the de facto board, was suffic-
lent alone to prove that he was not
q defacto officer.
After dealing with each point in
turn. the court ruled as follows:
"Now. | think that virtually dis
poses of the case so far as | have
ANYTHING to do with it. except it IS
important to decide whether or not
the new board elected on the 18TH
the list OF August are de tacto OIL