OSAGE COUNTY EXCISE BOARD, Plaintiff in Error,
v.
MISSOURI-KANSAS-TEXAS RAILROAD CO., a Corporation, Defendant in Error.
Supreme Court of Oklahoma.https://leagle.com/images/logo.png
June 2, 1959.
June 2, 1959.
Attorney(s) appearing for the Case
R.E. Havens, County Atty., Pawhuska, Patrick A. Williams, Asst. County Atty., Pawhuska, Mac Q. Williamson, Atty. Gen., James C. Harkin, Asst. Atty. Gen., for plaintiff in error.
Ben Franklin, of Satterfield, Franklin & Harmon, Oklahoma City, Dan Welch, of Rainey, Flynn, Anderson & Welch, Oklahoma City, for defendant in error.
Harry Johnson, Oklahoma City, for Oklahoma Education Ass'n.
C.H. Rosenstein, Tulsa, for Independent School Dist. No. 1 of Tulsa County, Okl.
Charles B. Duffy, Ponca City, for Independent School Dist. No. 71 of Kay County, Okl.
W.A. Lybrand, Oklahoma City, for Independent School Dist. No. 89 of Oklahoma County, Okl.
Richard Kane, Bartlesville, for Independent School Dist. No. 30 of Washington County, Okl.
Denver Meacham, Clinton, for Independent School Dist. No. 99 of Custer County, Okl.
A. Camp Bonds, Muskogee, for Independent School Dist. No. 20 of Muskogee County, Okl.
Martin E. Dyer, Ardmore, for Independent School Dist. No. 19 of Carter County, Okl.
Loeffler & Allen, Sapulpa, for Independent School Dist. No. 33 of Creek County, Okl.
H.I. Aston, McAlester, for Independent School Dist. No. 80 of Pittsburg County, Okl.
F.A. Petrik, Broken Arrow, for Independent School Dist. No. 3 of Tulsa County, Okl.
James M. Wilson, Enid, for Independent School Dist. No. 57 of Garfield County, Okl.
Hoel & Horton, Stillwater, for Independent School Dist. No. 16 of Payne County, Okl.
Supreme Court of Oklahoma.
JACKSON, Justice.
Two school districts in Osage County made emergency tax levies of five mills. The Court of Tax Review sustained the protest of Missouri-Kansas-Texas Railroad Company to a portion of each such levy. The Osage County Excise Board appeals.
Subsection (d) of Section 9, Art. 10, of the Constitution provides that school districts may make an emergency levy "not to exceed five (5) mills" when approved by...
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