Braithwaite v. Cameron Auditor.
Supreme Court of Oklahoma
Original Proceeding in Mandamus. The plaintiff was employed as a stenographer in the service, and under authority of, the last legislature of the territory. He presented bis account and voucher for services to the territorial auditor for allowance and payment from the treasury of the territory.
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Original Proceeding in Mandamus. The plaintiff was employed as a stenographer in the service, and under authority of, the last legislature of the territory. He presented bis account and voucher for services to the territorial auditor for allowance and payment from the treasury of the territory. The audit of the account was declined upon the ground that the legislature was forbidden, under the laws of the United States, to exjjend funds of the territory for any kind of legislative expenses. Whereupon the plaintiff applied for a peremptory writ of mandamus commanding the auditor to audit the…
1Opinion of the Court
The opinion of the court was delivered by
McAtee, J.:
It is provided by § 6 of the Organic Act- — ■
“That the legislative power of the terrritory shall extend to all rightful subjects of legislation, not inconsistent with the constitution and law's of the United States, but no law shall be passed interfering with the primary disposal of tbe soil; no tax shall be imposed on the property of the United States, nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents, nor shall any law be passed impairing the right to private property, nor…
2Cases cited15 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
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3Cited by3 opinions
- Wickersham v. SmithDistrict Court, D. Alaska · 1927
- Baca v. PerezNew Mexico Supreme Court · 1895
- State Ex Rel. Thompson v. DavisSupreme Court of Florida · 1936