The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-12-26
Mayor Receives Copy Of the
Supreme Courts Opinion
in Grading Case Of
Weaver and Others
HOLDS ASSESSMENT
OF PROPERTY VALID
Case Originated in l 1907 Court
Discusses Law Applicable
to it Syllabus OF the
Decision Given

Mayor Burton has received a copy
Of the decision Of the state supreme
court in the case Of NJ Weaver ct al
versus the city Of chickasha, wherein
the decision Of f. b. Riddle, before
whom the case was originally tried, as
special judge Of the district, is affirm
ed no error being found
This suit was filed By Weaver and
other property owners Of Chickasha
October Z 1905, and it sought to set
aside assessments levied against the
property q the plaintiffs for grading
purposes. 1t came to trial November
8, 1910, and at the close Of the testi-
mony the court sustained the defend.
ants demurrer 10 the evide,lce, A
motion for a new trial was oyerruled
By the court on November 4, 1910 and
the plaintiffs then appealed to the su.
preme court Under the latters de.
cision the assessments are held valid
Following is the syllabus Of the su.
preme courts decision
!. Where street improvements have
been decided npon under chapter a.
article 8, Comp, L. 1903, and the work
has proceeded Under resolutions and
proceedings has III conformity there.
TO and theappraisers appointed there
under have appraised and apportioned
the cost Of the improvements and re-.
turned and filed their report and the
council has fixed and given notice Of
the time and place for hearing com.
plants or objections concerning the
appraisement and apportionment as to-
any Of such lots. etc; the complaints
and objections contemplated are such
as concern the equitable and just dis
hibution OF the total cost Of the inn
proyement according to benefits re-
ceiyed upon the various lots or tracts
Of land effected. At such session OF
the council any individual owning a
lot affected can appear before The
council and contend and, if possible,
convince the council that the apprais-
ers have placed more Of the total cost
to be distributed upon his lot than is
its just and equitable share thereof
according to benefits received.
And the council after hearing al
complaints as TO such appointments
reviews and if need be corrects such
report by raising or lowering The
amount the appraisers have charged 70
any lot as to the council may appear
just In doing this the individual lots
only are affected; the total cost TO be
distributed and which has been prev
iously asoertained is not changed If
one lot is lowered another must be
correspondingly raised and the protest
I filed by lot owner at such hearing
which makes no complaint as TO the
distributions of costN Nbut objects to
aany assessments or taxes whatever
because I'VE deem same injurious to
said streets and OF no use or benefit
whatever and thaes ye will resist any
and all payment Of any kind Or ma
ture. is not complaint or objection
within the contemplation Of the statut,
and presents nothing for the counci
to pass upon.
?. Where a contract for street i'm
provemenis has been let. under chap
ter ii, article 3, Comp. L. 1903, BY th'
mayor and council to the lowest anl
best bidder aud is within the engineer
estimate and jurisdiction OF the sui
ject matter has been obtained by tn
council and all the resolutions and prt
ceedings required by law have bee
regular and bids have been receive
and the contract let under the motto
required such action Of the mayor an
l. council is final ais to the coatract prlc
v of the work in the absente Of frau'
4 colIusion or mistake
n 8. Property owners in a stceet in
l. proyement district with knowlede
that the streets are being graded an
e otherwise being improved by 3 col
e. tractor with the intention that SIP
'f cial tax be levied againat their pro
;e erty for payment Of same, who perm
Il such improvements to be done al
q stand BY and see It proceeded VIII
without objection ia the council Al