Missouri, K. & T. Ry. Co. v. Long

1926 OK 976, 251 P. 486, 122 Okla. 86, 1926 Okla. LEXIS 205

• Court: Supreme Court of Oklahoma
• Decided: December 7, 1926
• Docket: 17923
• Status: Published

Opinion

PHELPS, J.

In this action the Missouri, Kansas & Texas Railway Company filed suit in the district court of Lincoln county against Ora Long, county assessor, and Paul Prince, county treasurer, of Lincoln county, for in-junctive relief as provided in State Question No. 141, Initiative Petition No. 92, adopted by a vote of the people at the regular primary election on August 3, 1926, which action was,, upon the motion of the defendants, dismissed by the district court upon the grounds that said measure was unconstitutional, from which judgment dismissing, the plaintiff appeals to this court.

The questions involved in this case are identical with the question involved in cause No. 17907, Atchison, Topeka & Santa Fe Railway Co. v. Ora Long, County Assessor, et al., opinion in which was this day filed, 122 Okla. 86, 251 Pac. 486, and upon the authorities cited in cause No. 17907, we reach the same conclusion in this case as we reached 'in that, and the opinion, conclusion, and syllabus in that case are hereby adopted and applied to this case, and the judgment of the district court is affirmed.

BRANSON. V. C. J., MASON, HARRISION and CLARK, J.T., concur, NICHOLSON, O. J., and LESTER, .T„ concur in conclusion. HUNT and RILEY, JJ., dissent.