The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-02-16
Attorney Cruce Believes that 4
Remedy for the Complaints
Can Be Foundin the
Courts
HANDS STATE SUPREME
COURT A BOUQUET
Gilbert Called Upon for Talk
Many Members are Added
to the Roll Of Tax
Payers League

Introduced in a very complimentary
speech BY Mr.. Reford Bond Of this
city, Mr. A. c. Cruoe Of the well
known legal firm Of Stuart, Gilbert &
cruce. Oklahoma City began his ad-
dress before the tax payers Of chlcka
sha at the Star Theatre last night by
explaining that he was called to the
city unexpectedly to fit the engage
ment Of Judge Stuart because the
latter had been suddenly seized BY an
attack of grip
Mr.. Cruce stated that he had not
given any attention to the law and
the facts relative to paxinG tax mat
tiers here and he could only speak in
abstract terms relative to the Ques'
tions to be discussed 1It Is the first
time ! have ever been called upon to
try a law suit before a public audi
eneer said he.
In his opening remarks Mr. Cruce
observed that paving tax complaints
were not confined to chickasha but
were common in Oklahoma. He said
1t seemed to he taken for granted ay
paving companies that they had the
power to do any kind Of work that
suited them regardless Or their con
tracts. Again protesting that he knew
nothing 1t al OF conditions here *.
cept what he hRd been told since
arriving on the evening train, the
speaker took up / number Of the leg
al points involved IN the complaints
Of the tax payers and concerning
these he said, no lawyer vas able to
give an authoritative opinion but the
final word must Be spoken By the su-
| preme court His conclusion was that
| there we're ample grounds on which to
make a fight and that those citizens
here who were pushing the matter
were performing a valuable public ser
vice since it was highly important
that the issues involved be settled by
high court in order that the people
might know what tax charges we're
legal and how much was illegal.
AS to the Is per cent penalty on
taxes provided BY The state laws. 81.
cruce said it was a serious question
whether this was applicable TO special
taxes which were not levied for the
support Of government. but 10 enforce
a private contract between the prop.
erty owner and the owners Of the paw
ing bonds. This question must be
decided by the supreme court
4 am tcid that inferior material
was used BY he paving contractors
here. said the speaker 1T would
seem that the courts should afford
some relief in such a case. Whether
the fact that the bends sre now in
the hands of innocent purchasers
would preclude action for the resef
Of citizens who have been swiadled
; Is question for the court to decide.
The decisions in other gtates are con-
flicting and our court has never pass.
ed upon it. believe I have right
TO SAY, however, In passing that our
state supreme court has been e1cep-
iionally free from sIayishly following
the decisions Of other courts when
such decisions are in conflict with
s right. A decision Of 100 years, II NOT
9 supported by reason. Is not to bn fol
Z lowed today and our court has taken
thar view
+ As to the paving Of intersections
Nlr Cruce said the statute provided
that the cost might be assessed
against property owners. but It wa'
q questionable whether The leglsiatur.
had authority to enact such g Law
2 This also. was for TIE court 70 deter
e mine aIf Judgment Is that such as
e sessments are not legal
e Dir. Cruee said that his impression
. from the conversation be had witl
4 Judge Stewart was that tie latter be
2. lieved that the cause Of the Chiekashl
property owners was 4 just one anl
: that the fight could be won. fher
= should be some re.iei from TIE evil
= Of which you complain here and
the court doesn't furnish It. Il viii 5
Continued on Page Vhree