The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-11-06
Is A FIGHT ON PENALTIES
AND EXTRA ASSESSMENTS
Court Asked TO Pass Upon
Legality Of Assessment for
Street Intersection Paving

Property owners lighting the penal.
Iies and extra assessments from the
paving of numerous streets in the
last four years effected a coup in dis
trict court this morning by securing
a restrainer against the sale of l,07o
lots listed for sale under the delin-
quency certfcation made by the
city Clerk to the county treasurer.
The restraining writ was issued by
Judge Huston at s o'clock this morn
ing and was Immediately served on
County Treasurer Ritterblisch who
had advertised for today the com
Eencement of the sale of lots on
tax executions. A great deal of val
liable property in Guthrie is involved
in the paving tax delinquent roll.
Attacks on the is per cent penalty
for non-payment, the / per cent con
tingent fund, the 5 per cent emer
gency fund and other special proyi-
sions are based on alleged violations
Of the constitutions of the United
States and Oklahoma and of statutes
OF oklahoma. The central purpose of !
the suits filed re ntly is to remove
the cloud upon the lots in question. !
The title of the action today Is j. f. |
Shultz against f. w. Ritterbusch, |
county treasurer, The City OF Guthrie |
and J. +. Hill. paving contractor. At |
torney Brown filed al the suits as at I
tOrney for the association OF property |
owners The restraining order holds |
good until the cases can be heard on
heir merits.
Without Due Process of Law"
1t is claimed the paving contracts
If the city constitute an abridgment
1f American rights in that they deny
he right OF private contract and en-
race the taking OF property without /,
ue process of law. 1t is claimed the Il
ill of rights in the Oklahoma consti-
ution is violated in several particu- I
ars, the city attempting to exercise
over foreign to its incorporation,
in extending to railway
the privileges of private
ontract, denied to citizens. 1t is
lrther charged the house bills under
hich tae city acted embraced more /.
nan one subject in title. 1t is claim |
d that the city council did not pub
sh the resolutions leading up to the
aving as required and that council
! dnOt pass any ordinance expressing
! it's title that a tax was to be levied
)r paving. 1t is claimed council
ad no right to pass paving ordi y
ances as emergency acts. .
aving of Street intersections
Paving Of intersections at the eX
anse OF property owners in the vi !,
nifty is the ground Of strong at
ck. 1t is claimed that the United =
.ates government ceded the land
wv used for intersections to tAe city, I
I'd that therefore it is an injustice
tax property owners on each side j
r paving territory they have never
yned, furnishing paving for the city "
large. 1t is claimed this tax is d
Il the city as a whole and :
at no claim can be established n
ainst the property owners who hap Il
n to be near the intersections. The y
lim is made that if any lien exists
account of the paving Of intersec- =
ms it is against the city and not .
ainst the property assumed by the Il
ty to be abutting.
Further attacks are on the ground n
at a variety of excesses were put
to the paving rolls, in that the city
ERIK in certifying to the rolls includ-
illegal and unwarranted charge OF
per cent above the contractor S rr
ice as a pretended contingent fund; n
per cent above cost of actual con- va
-uction for other pretended purpos ar
advertising and engineering) an he
cess of u per cent interest eharg
since Sept. 1; ; excess in intersec bo
ms: excess in mistaken measure ~
ents from curb to curb, causing the ~,
9TH of the pavement to appear "
eater than it really is. There is a =
rther charge that the city clerk in
commingled the charg 2
for paving in the eastern portion of /
e city. r
This commingling Is alleged to be
at on one side OF the street the =
les were made under an old terri
'ial law and that on the other side
2 levies were made under a state
cd Jaw. House bills 23l and 40l
? objects of attack. they being the
dutes under which council suppos
Is acted.
An accounting is asked. The claim
made for tne property owners that
is now impossible TO accurately de-
ibe the conditions of any OF these W
ids due to the commingling COM as
ined Of. 1t
Z is currently reported that the . III
; cent fund brought in about $780, tht
and that a large part Of il was las
erted TO payment OF salaries. I'm