Territory of Oklahoma Ex Rel. Taylor v. School District No. 83
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before Jno. E. Burford, District Judge. STATEMENT OF THE C,4lSE. . This was an action brought in the district court of Oklahoma county, to set aside the “pretended” incorporation of the defendant school district, and to declare that incorporation null and void, as being in violation of the act of congress of July 30, 1886, “to prohibit the passage of local and special laws in the territories of the United States,” etc.
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Error from the District Court of Oklahoma County; before Jno. E. Burford, District Judge. STATEMENT OF THE C,4lSE. . This was an action brought in the district court of Oklahoma county, to set aside the “pretended” incorporation of the defendant school district, and to declare that incorporation null and void, as being in violation of the act of congress of July 30, 1886, “to prohibit the passage of local and special laws in the territories of the United States,” etc. The petition averred the incorporation for the previous period of four years in Oklahoma county of school district No. 5; that…
1Opinion of the Court
Opinion of the court by
McAtek, J.:
Since the acts of the territorial legislature are subject to such revision and restraint as may be imposed by congress, the preliminary question which arises here is whether the territorial legislation complained of is, in fact, “local” or “special” in the sense comprehended in the federal statute.
It was said in Dwarris- on the Statutes, 384, that:
“Statutes whose operation is intended to be restricted within certain limits, are ‘local’ statutes in the sense of the constitutional prohibition.”
The definition given to the word, as a word o.f constitutional…
2Cases cited4 opinions
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
- The People v. . O'BrienNew York Court of Appeals · 1868
- The People v. . AllenNew York Court of Appeals · 1870
- People Ex Rel. Burroughs v. . BrinkerhoffNew York Court of Appeals · 1877
3Cited by10 opinions
- Harmon v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1941
- Bradford v. ColeSupreme Court of Oklahoma · 1923
- Sauls v. WhitmanSupreme Court of Oklahoma · 1935
- City of Enid v. Public Employees Relations BoardSupreme Court of Oklahoma · 2006
- City of Enid v. Public Employees Relations BoardSupreme Court of Oklahoma · 2006
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