The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1921-01-04
STATUE OF CIVIL CASES or
GRADY TOLD ny STACEY

} States District court. II has already
been tried ana ! am expecting de-
cision from Judge Williams at any
time. About sG.00OoO Is involved.
Christie has purchased tax certlfi.
Gates at annual tax sales where OK.
empt Indian lands were sod for
taxes. When he found his certificates
were worthless ,he brought suit to
recover his money. II IL my conten.
tion that there Is no law making tho
county liable In such cases; that tn,
county only sold It's interest In tho
lnrf by virtue OF the tax lien and
that II was up to the purchaser to
find ont what that interest was be-
Fure buying further contend that
the action IL barred by the Statuts
OF Limitations. Holders OF such car-
tificates logrolled an act through tho
1919 legislature which purports u
give them tho right OF recovery in
such cases. but am satisfied that
that oct is unconstitutional so far
as any retroactive effect IL con-
ccrned. II Judge Williams should
render Judgment against the county
In this case an appeal should bo
taken to higher court.
"1le case OF Young VS.. Grady
county pending in the district court
IL of the sama character as the
Christie case. II involves about S.
10000. This case has been allowed
to remain untried in the district
court pending decision in the
Christie case. There are about s3o..
c00.00 In similar certificates out
standing for which suIts will un
doubtedly be brought, should Christie
aud >onng recover.
The case OF Young and Broadwell
ct al VS.. Grady county Is an old case
filed In the district court of Grady
county In the year 1914. 1t was
brought to recover taxes paid by
Indian @llottees on exempt land dur.
Ing the period between 1908 and
1914. The nllottees assigned their
claims for the purpose of suit to tho
plaintiffs. The amount involved az.
gregates about $CO,0O0.OO. Judgment
was given against the county In
November, 1914, during the first
term of Oscar Simpson as county
attorney. His successor, John Ven
able appealed the case to the Su-
preme Court, which court reversed
the Judgment ca the district court.
This was about one year ago, since
which time the case has lain dorm
ant in the district court of Grady
county. The Judgment of the stats
supreme court destroyed all hope for
lhe plaintiffs to recover in that
court, but few months. ago. the
supreme court of the United States
handed down an opinion in a similar
case against Love county which over.
ruled the holdings OF the stats SUI
preme court. Since that decision the
PLAINTIFFS have revived their c,se
against Grady county and have had
it put on the docket for the January
1921 term. This is tie first time II
has been on the docket of this court
since 1914. | am confident the case
can still be won for the county but
i will require new answer I'll ed to
meet the points decided by tn.
United States Supreme court. Not
Wishing to embarrass my successor.
Who will have to try the case. I have
allowed the pleadings to stand as
hey were In 1911 so that he NAV
lave free hand to defend the case
Iccording to his own theory.
Minor Cases, Also.
There are two other cases
gainst the County in the Supreme
'ourt These cases also relate to the
axation OF property. but involve n
cry small amount of money. have
led briefs in each case and thare
nothing more to do except await
le decisions of the court.
There hre also a few other
nall cases pending in the district
ourt Of Grady county, which | have
doubt my successor win take caro-
When reached on the docket.
In addition to the suits actually
sgun the railroads and MANY ether
'rporations ara paying the 1920
ate taxes under protest and will no
'ubt bring suits against the county
easurer to recover them. They ~
ge as a ground, errors and irregu.
rites OF the State Board in levy