Gay v. Thomas
Supreme Court of Oklahoma
Error from the District Court of Kay County. STATEMENT OE EACTS. The plaintiffs in error are non-residents of the Territory of Oklahoma and owners of large herds of cattle that were kept and grazed, during a portion of the year 1895, in parts of the Osage Indian reservation in this territory. The defendants in error are the board of county commissioners, treasurer and sheriff of Kay county, Oklahoma Territory.
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Error from the District Court of Kay County. STATEMENT OE EACTS. The plaintiffs in error are non-residents of the Territory of Oklahoma and owners of large herds of cattle that were kept and grazed, during a portion of the year 1895, in parts of the Osage Indian reservation in this territory. The defendants in error are the board of county commissioners, treasurer and sheriff of Kay county, Oklahoma Territory. On the third Monday in February, 1894, the supreme court of the Territory of Oklahoma, by an order entered on the journals of said court, attached to said county of Kay, for judicial…
1Opinion of the Court
The opinion of the court was delivered by
Tarsney, J.:
The questions involved are of great public and private interest and have received from us that very careful consideration and attention which their importance demands.
By § 6 of the Organic Act of the territory, it is provided:
“That the legislative power of the territory shall extend to all rightful subjects of legislation, not inconsistent with the constitution and' laws of the United States, but no law shall be passed interfering with the primary disposal of the soil; no tax shall'be imposed on the property of the United States nor shall…
2Cases cited22 opinions
- Ex Parte VirginiaSupreme Court of the United States · 1880
- United States v. KagamaSupreme Court of the United States · 1886
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Virginia v. RivesSupreme Court of the United States · 1880
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
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