The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-08-03
SAYS ORDER
OF COURT
SUSPENDED
-Rorick & Co.. Purchaser Of
Paving Bonds. Write City Clerk
that Supersedeas Bond Sets
Aside Injunction

Relative to the publication of the
notice to paving tax payers City Clerk
Reynolds has received the following
letter from the purchaser of the paw
ing bonds;
Toledo. O., July 20, 1915.
T. g. Reynolds, City Clerk,
Chickasha. Okla.
Dear Sir:
Referring to the publication in ac-
cordance with the requirements of law
OF the notice to Chickasha property
owners that installments OF special
paving assessments levied under the
paving law of 1908 must be paid on or
before September /, 1915, in order to
avoid penalty for non-payment, our at
tention has been called to news item
published in the July 26th Chickasha
Daily Express relating to publication
Of this notice
According to this news item, you
have discontinued publication of such
notice by reason Of your attention
having been called to the fact that the
district court of Grady county had en-
joined the city from taking any steps
toward the collection of these paving
assessments pending the final settle
ment Of the case, which is now pend
ing before the Oklahoma supreme
court.
We do not know who called your at
tention to this fact, but whoever did
so apparently was very careful not TO
give you all of the facts.
The statute requiring the city clerk
to publish the preliminary notice re-
ferred to also provides that failure o.
the city clerk to publish said notice OF
the maturity Of any installment Of said
assessment and interest shall in no
wise affect the validity of the assess
ment and interest.'N
You will see from this provision that
the notice is given merely for the con-
venience and information of the own
ers of property which is assessed and
that with or without such notice the
assessment and interest thereon must
be paid
While it is true that the district
court at Chickasha did enjoin the city
from collecting paving assessments in
certain of the paving districts of that
city, by its order entered May 8, 1917,
and also provided that the city offic-
ials might receive voluntary payments
of such assessments, this order also
provided further that upon the CIV
ing of an undertaking in the sum of
$4,000 by the defendant the Adrian
State Savings bank, to the plaintiffs
in said action with surety to be ap
proved by the clerk of said court, con-
ditioned fer the prosecution of appeal,
without unnecessary delay and for the
payment to the plaintiffs of all dam
ages they or either of them may sus-
tain by reason of the staying and sup
erceding Of said judgment. and all
costs in the supreme court, If said
judgment be affirmed in whole or in
part, the said Judgment be suspended,
stayed and superseded thereafter un-
til final determination of such ap-8
peal in the supreme court"
This appears to be a part of the
courts order in the paving case to
which your attention has not been.
called.
You can ascertain for yourself If you
desire from the court records that such
supersedeas bond has been filed by
the defendant and approved by the
court and the case appealed to the SUI
preme court, and by reason thereof the
order enjoining the city from collect
ing paving assessments has been sus-
peaded, STAYED and superseded until
a final determination of the case by
the supreme court
AS the case now stands the city Of
ficials are free to perform their full
statutory duties in relation to collec-
tion OF paving assesmentse and if they
fail to do so viii render themselves and
thcir bondsmen liable to any owner of
street improvements bonds who may
suffer loss by reason of their wilful or
negligent failure to perform their full
duties as required by law
Pending final determination OF the
paving case by the supresae court. it
is, therefore. quite important that you
proceed with the publication Of your
notice to property owners as to pay
ment of paving assessments and if a
decision is rot rendered in this case
prior to September 10, 1915, on that
date you should be prepared to certify
all delinquent installments of paving |
assessments in the city of Chickasba |
to the treasurer Of Grady county for
collection as required by law.
For your information we enclose |