The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-02-09
ATTEMPTED TO
LOOT THE CITY
BUT FAILED

Late yesterday afternoon, Judge
Thos. l.. Brown, special judge in the
matter of the application of the city
of Vinita, Okla, for authority to fund
S29,0OO0O Indebtedness, was taken up
and further argument of counsel for
the city and for the demonstrating tax
PAYERS was heard. After full consider
alton of all the testimony and the law,
the court rendered his decision, hold
ing the warrants absolutely void, and
in rendering this decision the court
said in substance that the entire in
debtednes7 illegally incurred by the
city of Vinita; That the receiving of
value for Iae warrants by the city, and
the entering into the obligations in
good faith, could not help the situa-
ton; that the limit of the Oklahoma
constitutional provision to the effect
that mo county, city, town, township,
school district, or other political cor
poration, or subdivision of the state,
shall be allowed to become indebted,
in any manner, for any purpose, to an
amount exceeding in any year, the in
come and revenue for such year ."
meant just what it said, and that the
evidence in this case was all to
the effect that this Indebtedness was
incurred in excess of the income for
the years in which it was incurred,
was void.
The people of Oklahoma when they
adopted this constitution are certainly
presumed to have intended the every
day acceptation of the words used, and
certainly no palmer words could have
been employed to prevent the taxpay-
ers of this state for waking up some
day to an enormous Indebtedness con-
tracted by the improvidence of the
officers and servants of the state and
municipal governments, and without
which protection the property of the
taxpaying public would certainly not
be protected
The court in passing ON this matter
further took occasion to say that the
attempted act of legislation passed by
the Oklahoma legislature in the year
1910 by which they attempted to vail
date all Indebtedness of municipalities
for which they had received actual
value" was void and in derogation of
the constitution providing that such
Indebtedness shall not be incurred
1t would appear from the authori-
ties presented to the court by counsel
in this case that the decision here rem
dered is backed by authorities from the
supreme court of the United States,
and from the supreme courts of Illi-
nois, Iowa, California, Kentucky, all
of which states have constitutional pro-
visions similar to the Oklahoma one,
in quetsion.
The court 1urther held the warrants
void on their face for not being issued
in the form required by law, in that the
warrants do not show the amount of
the levy for the particular fund on
which they are drawn, nor the amount
Of such fund paid out, nor the amount
Of such fund on hand at the time of
the issuance of the warrant, all of
which is required by law of this state.
Jan. 81, 1912.-Cause coming on be-
tore Court Remonstrance filed, testi-
mony taken.
Feb. 8, 1912.-Court having heard all
The testimony and the argument of
finds that the warrants are
Illegal having been issued in excess
Of the appropriations for the fiscal
years in which said warrants were
irawn and are therefore void and can
not under the law be refunded and /
lenies the prayer of the petitioner and +
finds said Indebtedness cannot be re-
unded