The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-09-13
SUPREME COURT
DECISIONS

| OklanOma CITY, sept, 15.-ReNefSlng
| itself along the lines laid down in the
three tax cases recently decided by
the United States supreme court, the
state supreme court Wednesday, held,
in the Whitmire case, in which sew
eral hundred Cherokees were plain
tiffs, that the members of that tribe
were exempt from state taxation,
while their lands remained in the
hands of the allottees.
Justice Kane, who incidentally dis
sented from the former opinion of the
court and was sustained by the fed
eral supreme court, wrote the opinion,
In the syllabus he says:
Cherokee allottees by virtue of the
Cherokee agreement, under which in
consideration of their REIMBURSEMENT
of all claim to the tribal property, they
were to receive allotments of the lands
in severalty, which were to be non
taxable for a specified period while
the title remained in the original al
lottees, acquired vested rights of ex-
emption from state taxation, protect
ed by the United States constitution,
| 5th amendment, from abrogation dur
ing that period, as was attempted by
the act of May 27, 1908, removing the
restrictions upon alien alton, and pro-
viding that lands from which such re-
strictions had been removed should
be subject to taxation"
This case, involving the rights of a
large number of Cherokees, was
brought in the name of Walter S,
Whitmire, before District Judge John
M. Pitchford, in the form of an ap-
plication for an injunction against the
state board of equalization, to prevent
the certification of the taxes against
the plaintiffs for the years of 1908 and
1909
Other opinions by Judge Kane were:
w. l.. Curtis, ct al VS.. Commission
ers of Sequoyah county, affirmed; C.
| /. Pumroy, sheriff of Pawnee coun. y
and Ed LouthaD, deputy sheriff VS.. j
w. Buck, Pawnee. affirmed; Henry
Shaffer and H. c. Paulsen VS.. E. c.
Remmers, L. F. Lee ct al, Canadian,
dismissed
Canadian Trading company VS.. j. q
Rails, ct al, Pittsburg, dismissed
Mike Cunyan vs.. John Clemons, Kay
dismissed; f. w. Turner, ct al. VS.
Mary Hufftetler Creek, dismissed; A
L. Jones & Co. VS. c. c. Cochran, Pitts
burg, affirmed; st. Louis and San
Francisco Railway company VS.. w. e
Hickey, Washita, dismissed; Cosmo
politan Fire Insurance company OF
New York VS.. ]. W. Moon, Bryan, re
versed and remanded; Town of JEFF
Iferson VS.. w. j. Hicks, Grant, motion
to yacate judgment denied; Des
Moines Insurance company VS.. w. J
Moon, Bryan, reversed and remanded
Other decisions: Citizens Nationa
Bank VS.. Warner and Jackson, Atoks
county, affirmed; Missouri, Kansas &
Texas VS.. Ed G. Snyder ct al Usage
affirmed; Elizabeth Clemens VS.. st
Louis & San Fransico, Oklahoma, re
versed and remanded
In the Washington county case oi
Robert l.. Henry. ct al. VS.. The Bart
lesville Gas and Oil company, Chic
Justice Turner affirmed the lower
court, holding that city has no power
to grant a franchise to supply natura
gas, to an individual
"This business" said the court, 20
a public nature, has been provided fol
by the state and by it entrusted tc
domestic corporations only
Both parties to the controversy OBJ
tanned franchises to pipe gas to the
city of Bartlesville and the question
for the court to determine was as II
which should stick.
Incorporated cities and towns il
Oklahoma are without power to FL
telephone rates in such manner az
to preclude the state corporation com
mission from exercising its complete
Jurisdiction over that subject, and thu
ordinance of the city of Oklahom;
City authorizing the Pioneer Tele
phone and Telegraph company to in
crease its rates, with every addition
of 1000 telephones to the exchange
was void for that reason.
The state supreme court, in al
opinion by Chief Justice John :
Turner made this decision Wednes