Atchison, Topeka & Santa Fe Railroad v. Haynes
Supreme Court of Oklahoma
Error from the District Court of Kay Countyj before B. T. Hamer, District Judge. Action by the Atchison, Topeka & Santa Fe Railroad company and the Southern Kansas Railway company, plaintiffs', against J. M. Haynes, county treasurer, and the board of county commissioners of Kay county, defendants, to enjoin the collection of certain taxes levied for the year 1897 for school purposes.
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Error from the District Court of Kay Countyj before B. T. Hamer, District Judge. Action by the Atchison, Topeka & Santa Fe Railroad company and the Southern Kansas Railway company, plaintiffs', against J. M. Haynes, county treasurer, and the board of county commissioners of Kay county, defendants, to enjoin the collection of certain taxes levied for the year 1897 for school purposes. From a decree dissolving a temporary injunction and dismissing the petition, plaintiff® bring error. ,
1Opinion of the Court
Opinion of the court by
Bukeord, O. J.:
The one question involved for consideration isi, ha® the board of county commissioners authority to levy a tax upon all the taxable property within the county for the support of public schools? The proposition presents for inquiry no question of legislative power, but a question of legislative purpose only, to be determined by the interpretation that must be given to various legislative enactments relating to the subject. The authority for the levy of the tax in quesion was based upon section 5791, Statutes 1893, which section is as follows:
''Sec. 5791.…
2Cases cited13 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Hoey v. . GilroyNew York Court of Appeals · 1891
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- Wormser v. . BrownNew York Court of Appeals · 1896
- President of Ottawa v. County of La SalleIllinois Supreme Court · 1851
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3Cited by10 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Gardner v. School Dist. No. 87, Kay CountySupreme Court of Oklahoma · 1912
- State Ex Rel. Murray v. CarterSupreme Court of Oklahoma · 1934
- State Ex Rel. King v. WhiteSupreme Court of Oklahoma · 1934
- Beaty v. State Ex Rel. LeeSupreme Court of Oklahoma · 1913
5 more not listed; retrieve them via the Exa API.