251 P. 486 | Okla. | 1926
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 injunctive 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,
BRANSON, V. C. J., MASON, HARRISON and CLARK, JJ., concur. NICHOLSON, C. J., and LESTER, J., concur in conclusion, HUNT and RILEY. JJ., dissent.