The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-03-25
the Cherokee outlet as to the other parts
of the territory of Oklahoma.
HAlNER TO THE CONTRARY
Dissenting View Taken of the County
seat Renewal Question.

4
Guthrie, O. r., March A.-In an opin-
ion settling a question of practice, JUS
! tice Hainer, of the supreme court, takes
occasion to argue the question Of county
seat removals in the Cherokee Strip, in
which he apparently holds Numerically
opposite to the opinion submitted by JUS
l"tice Irwin in another case which is print
ed in another column. In the syllabus of
his opinion Justice Hainer lays down the
following doctrine:
section of the organic act confers
| jurisdiction upon the supreme and dis
trict courts Of this territory, and the re-
| spective judges thereof. to grant writs
Of mandamus in all cases authorized by
law. But these is no provision in our
statute that authorizes an appeal or re-
view from the action of the chief justice
or one OF the associate justices of the
supreme court at chambers in refusing 10
grant the writ.
IAN order refusing to grant an aIterna-
'tiy% writ Of mandamus by the chief JUS
tice is not a bar to subsequent appli-
cation to be made to the supreme court,
and where a motion for review has been
taken by the REALTORS, from the refusal
Of such writ, it viii be treated and con-
sidered in the nature of an original pro-
ceeding.
Section of chapter % of the statutes
of 1893, relating to the changing of coun-
ty seats. among other things provides
that AT the election there shall be writ
ten or printed on the ballots to be voted
for in that county the words For coun-
TV ing Il 70 F1a
voted for.
And hence when it appears from the
petition filed in the Office Of the county
clerk that it is proposed TO change or re-
move the county seat to place and not
to a town, the board of election commits
sioners rightfully refused to recognize
such petition or to give said location,
50 designated, a place on the official bal
lots.
1.-THE congress has placed plenary legis-
latiYe power over the people of the terri
tories and Of the departments of the ter
ritorial government Subject to the limi-
tations expressly or by implication inn
posed by the constitution, the congress
has full and complete authority over
territory and may directly legislate for
power to declare valid law Of the terri
torial legislature void, and a void law
valid, regardless of the fact that no such
power is expressly or implicitly reserved
in the organic act.
THE location and changing of county
seats is a legislative function and is a
rightful subject of territorial legislation
within the provisions of the organic act
Of this territory in the absence of any
federal law upon the subject.
But when congress legislates directly
upon any subject for the government Of
the people Of a territory then it ceases
to be rightful subject of territorial leg
islation and any law enacted by the leg
islature upon the same subject is void.
Chapter % Of the statutes of 1893, re-
lating to the changing of the county seats
in this territory is inconsistent with the
letter and spirit of sections 10 and Il of
the act Of congress of March 8, 1888. pro
viding for the opening of the Cherokee
Outlet to settlement, inconsistent with
the nature and purpose of said act au-
thorizing the secretary of the interior to
reserve certain lands for county seat pur-
poses and to locate the county seats
thereon, inconsistent with the proclama |
ton Of the president declaring said lands |
open TO settlement and designating the |
seats Of county government in the re- |
spective counties therein, and is, there |
fore, void