Ex Parte Wagner
Supreme Court of Oklahoma
Application of C. L. Wagner for a writ of habeas corpus. On December 5, 1907, the mayor and council of the city of Kingfisher, Okla., passed an ordinance, No. 118, entitled “An ordinance providing for a levy and collection of a license tax on certain trades, occupations, callings, businesses and avocations, and regulating the same and providing penalties for violations thereof.”
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Application of C. L. Wagner for a writ of habeas corpus. On December 5, 1907, the mayor and council of the city of Kingfisher, Okla., passed an ordinance, No. 118, entitled “An ordinance providing for a levy and collection of a license tax on certain trades, occupations, callings, businesses and avocations, and regulating the same and providing penalties for violations thereof.” The ordinance provided for the punishment of persons engaged in business- without having paid a license tax as prescribed by said ordinance. On December 12, 1907, the ordinance was published in the official organ of…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The question raised in this case is whether or not a petition demand ing a referendum vote upon an ordinance duly passed by a city of the first class after the same had taken effect and was in force, such demand having been presented to and filed with the chief executive officer of such city after such ordinance had been published, suspends the force and effect of said ordinance until the next municipal election. Of course, the question necessarily arises as to whether or not the different sections in the Constitution providing for the initiative and…
2Cases cited7 opinions
- Caseday v. LindstromOregon Supreme Court · 1904
- Willis v. MabonSupreme Court of Minnesota · 1892
- Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
- Stevens v. BensonOregon Supreme Court · 1907
- ACME Dairy Co. v. AstoriaOregon Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In Re Initiative Petition No. 2 of CushingSupreme Court of Oklahoma · 1932
- Thompson v. Secretary of StateMichigan Supreme Court · 1916
- City of Ardmore v. State Ex Rel. BestSupreme Court of Oklahoma · 1909
- Latting v. CordellSupreme Court of Oklahoma · 1946
- State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
31 more not listed; retrieve them via the Exa API.