The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1899-05-25
xsvrss .rErr oorsrr .EArz


LerE- De bo55s ttEs tts Ees q -.
territorial lszlslstE-e provlsi-E fs-
coazty s-at sl.eiaszs - q s51szsi -5;k
n. al q roz rress Nzt11Firz-E ths
louEt55r q uCucty sss1s - ;1e Cts-o-
zee Ouilst- Ezs b. th.-.t7re. rosG A.
tS-1sy Esssoz q Pea Creek. WIZ A.
5~s-e5 a. cs-.se fsr "a. pss ;i51srs-
gav. uoiis. Q, a. tpp@Al froz tas g.
slsis1 g .as et e s1si e. 4.1 -ll A.
&c ias zoilou ltto-s its f1lI b--ats.
r-otz e. t1s -ssEs-r Serz TIE
% Es5E q q. - g-sl6ee B-rt5r-- is o.
g. ~
I. -. z8its- q t-. 1so-5e4.5oz %
seo--. ~ E-sn :. f5- Hr-I q
ERErE=us
Nur o. NAyDANrs
Il ihi. a. Gsys-gs " All.u ,rc -
otEsrs p-s-eri tssir app aaziloE for e
-r.t q -Az6azEs against TIE bos-5 ot
sle-tlo- cam ussslyzers q Grant eoro-
- 70 ec-p@l tH.z % pace ihs name
% -C@rtsrrills- q The oEsizl tzllot
. = rots5 tor a. 15ea;5on tor TIE
co-1ty ss1i, a; a specls. .ls-.85z 20 ..
BED Mar g. lsps
Is appears .roz the app eaton CT
Pe,itlou iAEt TIE board % couuiy con-
z A. 9a.rs % Grant ecuuty Ia. Or
csre- special election "a be held il
ssic oouuty o. Toe Is.h Of Nzy. isqS
% oeter-- lie sns change of tas loez-
iior of the cO1stE sssi ot said oo1utv;
ihEi board .: election eonuission-
en- Has beeu appointed To- sad .l.e-
i1on sud are proceeding 10 receive ard
pass on poninkiions Of places 20 be
voted for. snd prepare al ose.al bal
los 70 X voted =. such election.
Is further appears thss OF IL. asth
car q April, lsSs, q petition Wa fled
IL tie o1hee of the county clerk Of
said eouuiy. signea By ss resident and
.sgEi voters Of said county. desiEuai-
i8g the northwest quarter Of section
D., township . north, Of range west.
/ Y u Grant county, and naming
sUch location "Centeryill., a. one Of
the places TO be voted for, for the To-
cation Of The eouhiy seat OF said Grant
county, and requested that the szid
CentsrViils be placed upon the Official
ballot a. candidate 20 5e voted for
for szio county seat location.
IL further appears that the board Of
election commissioners refused apd do
siIll refuse TO recOgBiL. said petition,
or TO give the said location 20 desig-
naeed q Place Of said Official ballot
The petitioners pray that an order is-
sue from the chief justice Of the su-
Prene court Of The territory, com
nanding the board of election COM
nissiOaers 20 place Centervi!le on the
oraclal ballot a. place 10 De- voted for
81 which 20 relocate said county seat.
This is an eK psrte hearing, and the
writ should not issue unless the right
Is clear and unqus.tiOssS. The su-
Prsme court Of Kansas, in the case Of
Couley We Fleming et a., "a Kan. ssl.
szid. In the selection Of q county seat
the electors are not limited TO The ex-
lsting cities and towns, but may choose
site for new town and locate the
county seat thereon"
There may be some Question as 10
whether = board Of election comnis-
siouers are authorized 10 sc. in an
election OF this kind. but in any event,
II acting, they cannot disregard any
place petitiOued for by the required
N q ~ her ~ aIa.f.rl rTE.s- = L..
particular are not quasi-judieial, nor
are they required 10 use discretion.
The act OF placing the names on the
ballot is ministerial OF course. il
controversy should arise a. 10 the right
Of cOntesting candidates for the same
place 10 court would attempt 70 con-
trol the dec!s on OF the election com
missioners as TO which was the right
iul claimant Their decision in such
matters Is conclusive. But back Of
the action Of the election commission
srs, and back D; the action of the
board Of county commissioners in or
dering the election TO determine the
relocation OF he county seat. lies the
question Of lhe power Of the IegisIa-
ture 70 authorize such proceedings. Is
the removal Of county seats, located
within the boundaries o. tue original
Cherokee Outlet, a righiful subject OF
legislatiou2 II it is not, then the act
Of the legislature providing for such
election and removal is void.
The act OF congress providing for the
opening Of original Oklahoma contain
ed no provision for counties or the To-
cation Of county seats. Section Of
the organic act established seven
counties and located several county
seats, but also contained this proyis-
Ion: Provided, that the county seats
located by this act may De changed ia
such manner a. the territorial legisla.
tdre shall provide "
Here was clear expression Of the
congressional purpose only 10 deal
temporarily with the location Of these
county seats. and giving express au-
thority TO the legislature 20 provide
for changing them. The same act,
Section siK, contains this provision:
That the legislative power Of the ter
ritory shall extend To all rightful sub
iects Of legislation not Inconsistent
with the laws OF tde United States. r
In my Judgment, unless some federal
statute is eoutrovened, the location or
relocation Of county seats is a right