BROADWELL v. CARTER COUNTY , 253 U.S. 25 (1920)

United States Supreme Court

BROADWELL v. CARTER COUNTY(1920)

No. 289

Decided: April 26, 1920

Submitted March 25, 1920.

Messrs. George P. Glaze and Charles L. Moore, both of Oklahoma City, Okl., for petitioner.

Messrs. George B. Rittenhouse, of Oklahoma City, Okl., Clinton A. Galbraith, of Ada, Okl., P. T. McVay, of Oklahoma City, Okl., and J. A. Bass, of Ardmore, Okl., for respondent.

Mr. Justice VAN DEVANTER delivered the opinion of the Court.

This is a proceeding to recover moneys charged to have been paid under compulsion by a number of Choctaw and [253 U.S. 25, 26]   Chickasaw Indians to Carter county, Oklahoma, as taxes on allotted lands which were nontaxable. The county commissioners disallowed the claim; the district court of the county to which the claimants appealed sustained a demurrer to their petition and rendered judgment against them, and the Supreme Court affirmed the judgment. 175 Pac. 828. The total amount claimed is $22,455.99, aside from interest.

The case as presented here is in all material respects like Ward v. Love County, 253 U.S. 17 , 40 Sup. Ct. 419, 64 L. Ed. --, just decided, and its decision properly may be rested on the opinion in that case.

Motion to dismiss denied.

Judgment reversed.