Okla. City v. Shields
Decision Date | 16 September 1908 |
Docket Number | Case Number: 308 |
Citation | 1908 OK 195,22 Okla. 265,100 P. 559 |
Parties | OKLAHOMA CITY v. SHIELDS. |
Court | Oklahoma Supreme Court |
¶0 1. MUNICIPAL CORPORATIONS--Paving Streets. Act April 17, A. D. 1908 (Acts 1908, p. 166, c. 10), entitled "An act to provide for the improvement of streets and other public places within cities of the first class, by grading, paving, macadamizing, curbing, guttering and draining the same, and declaring an emergency," is valid.
2. SAME--Pavement by Street Railway. The cost and expenses of making such improvements along such street, where the street railway has two tracks laid, shall be taxed against such railway as provided by said act, two feet on each side of said tracks and the paving in between said tracks.
3. SAME--Liability of Abutting Property. The costs and expenses of instituting and laying drainage pipes for the purpose of macadamizing, curbing, guttering, and draining, including the cost of all manholes, catch-basins, etc., can be taxed against the property fronting and abutting on said street along which such paving is made and pipes laid.
4. SAME--Liability of Railroad. An assessment can be made against a steam railroad company to pay for that portion of its right of way including that portion between the rails and two feet on each side thereof, and the assessment therefor shall be the same as against individuals or natural proprietors.
5. SAME--Question Not Decided. The same rule applies equally to street railways who own any portion of their right of way and abutting lands, unless section 3, art. 4, c. 9, p. 141, Sess. Laws Okla. T. 1903, which provides that "all licenses or franchises heretofore granted to any street railway company authorizing the construction and operation of an electric street railroad in any city of the first class in the territory of Oklahoma, and which have not become forfeited or lapsed by their terms, are hereby ratified, legalized and confirmed," operates to exempt such railway companies as had a license or franchise granted for such purpose by a city of the first class, and had not become forfeited or lapsed by its terms prior to the passage of said act. (a) Quaere: As to whether or not said section 3, art. 4, operated to exempt such railway companies, except as stipulated in the franchise, the question is reserved and not determined in this case.
6. SAME--Pavement--Designation of Material. It is the duty of the mayor and council to designate under one resolution and under one contract one particular kind of material for such paving or other improvements.
7. SAME--Street Intersections--Authority to Make General Levy. The city can make a general levy for the payment of the cost and expenses of the improvements of street intersections against all of the property owners of said city.
8. STATUTES--Time of Taking Effect--Emergency--Review by Courts. The declaring of an emergency by the Legislature, when it is expressed in the act that such measure is immediately necessary for the preservation of the public peace, health, or safety, when such act is not for the purpose of carrying into effect provisions relating to the initiative and referendum, or a general appropriation bill, or does not include the granting of a franchise or license to a corporation or individual to extend longer than one year, nor provision for the purchase or sale of real estate, nor the renting or incumbering of real property for a longer term than one year, is conclusive on the courts.
9. SAME--Paving Act--Creation of Lien on Realty. Act April 17. A. D. 1908 (Laws 1908, p. 172, c. 10, sec. 5), relating to paving, providing that creates an incumbrance upon said realty for a longer term than one year, and said act did not take effect until 90 days after the adjournment of the session of the Legislature at which it was passed.
Error from District Court, Oklahoma County; J. G. Lowe, Judge.
Action by John W. Shields against the city of Oklahoma City. Judgment for plaintiff, and defendant brings error. Reversed.
On the 20th day of July, A.D., 1908, the plaintiff in error, as defendant, and the defendant in error, as plaintiff, filed in the district court of Oklahoma county an agreed case, in words and figures as follows:
To continue reading
Request your trial-
Idaho State AFL-CIO v. Leroy
... ... and Allied Trades, Local 764; Oil, Chemical and Atomic Workers Union Local 2632; Boise City Typographical Union Local 271; Idaho American Postal Workers Union; H. Fred Liebenau, ... 551 S.W.2d at 790. Similarly, the Oklahoma Supreme Court, in Oklahoma City v. Shields, 22 Okl. 265, 100 P. 559 (1908), relies on Kadderly for its ruling. 100 P. at 574-76. The ... Shields, 22 Okla. 265, 100 P. 559 (1908). The Michigan Supreme Court rejected the rule of no review, even though ... ...
-
State ex rel. Smith v. Brown
... 1909 OK 199 103 P. 762 24 Okla. 433 STATE ex rel. SMITH v. BROWN, Judge. Case Number: 741 Supreme Court of Oklahoma Decided: ... of said county; that due service of notice was had upon the defendant to appear at Elk City on the 26th day of March, A. D. 1909, to show cause why he should not be suspended from office ... 486; State v. New Madrid County, 51 Mo. 82; Hall v. Bray, 51 Mo. 288; St. Louis v. Shields, 62 Mo. 247; Ensworth v. Curd, 68 Mo. 282; State v. Aubuchon, 8 Mo. App. 325: 13 In the case of ... ...
-
Coyle v. Smith
... 1911 OK 64 113 P. 944 28 Okla. 121 COYLE v. SMITH et al. * Case Number: 2225 Supreme Court of Oklahoma Decided: February 9, ... requiring by irrevocable ordinance that the capital of the state shall temporarily be at the city of Guthrie, and not be changed therefrom previous to A. D. 1913, after which time it shall be ... Oklahoma City v. Shields, 22 Okla. 265, 100 P. 559; State ex rel. v. Brown, Judge, 24 Okla. 433, 103 P. 762; Martin v. Mott, ... ...
-
City of El Reno v. Cleveland-Trinidad Paving Co.
... 1910 OK 49 107 P. 163 25 Okla. 648 CITY OF EL RENO et al. v. CLEVELAND-TRINIDAD PAVING CO. Case Number: 1130 Supreme Court of Oklahoma Decided: February 8, 1910 Syllabus ... Singleton, 41 F. 725; Kellogg v. School Dist., 13 Okla. 285; Denison v. Kansas City, 95 Mo. 416; Crampton v. Zabriskie, 104 U.S. 601; Shields v. Oklahoma City, 22 Okla. 265; Dillon on Munic. Corp., sec. 915; Harmon v. Auditor, 123 Ill. 122; Sabin v. Sherman, 28 Kan. 289; 22 Cyc. 890, 891; ... ...