The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-31
VERDICT IS
IN FAVOR OF
SALTWATER
Jenkins Ordered to Print an
Appropriation Bill
IN OKLAHOMA STATUTES
Governors Veto Was a Few
Days Too Late,
SENATOR MILLER HAPPY
Judge Burford Explains a Few
Law Points.
N OKLAHOMA STATUTES
SENATOR MILLER HAPPY

Guthrie, o. r., March so.-This morning
in Judge Burford's court, the alternative
writ of mandamus granted Friday to
compel Secretary jenkins to place Coun-
ell Bill No. 50 in the session laws Of L sol.
now in the hands of the codifying com
mittee. was made permanent. This bin
apDropriates $4,000 for the A. and NJ col
lege at Saltwater. and with the appro-
priation it now has it viii be total Of
! $4,000
Senator Freeman Miller Of Saltwater
was the original mover in the matter Of
the mandamus proceedings in order to Sc
cure the appropriation and he took the
matter before Attorney General J. c.
Strang in order that the matter could
come from the territorial side Judge
! Strang Immediately wired Governor
Barnes in Washington regarding the mat
ter and the Oklahoma executive replied
that the proceedings should be brought
as far as his consent was concerned. The
proceedings were then brought in the
name Of the territory, owing to the fact
that the public in general is interested
and not any one individual or set Of indi-
viduals. The law firm of Dale & Bierer
of this city were retained to prosecute
the matter after Judge Strang had con-
sented that he would be a party to the
action in the name Of the territory.
There was much interest in the action
owing to the Importance Of the measure.
The bill was originally introduced in
the council by Senator Miller and was
passed by both the council and house. It
was then sent to the governor for his sig
nature or veto and before he took action
on the matter the council sent over to
the governors Office asking that the bill
be returned to that body for considera-
ton. Several days had passed by since
the governor had first received the bill,
although the five days limit was up. The
council kept the bin for a few hours as
IS stated, and then sent it back to Gov
ernor Barnes. When the five days limit
was nearly up, figuring from the time
that Governor Barnes had received the
bill from the council the second time, he
vetoed it and it was thought that that
was the last Of the measure.
Senator AIiller's contention was that the
recalling Of the bin from the governors
hands did not in any measure effect the
five days limit and that the bill had be-
come a law Notwithstanding that Gov
ernor Barnes had vetoed it.
The matter was thoroughly argued this
morning before Judge Burford and there
seemed to be no question but what the
bill had become a law regardless of the
veto of Governor Barnes. Judge Burford
held that it did not make any difference
if the council had called for the bin from
that the council calling for the bill and
receiving it was a mere matter Of cour-
tesy on the part of Governor Barnes. Had
an individual called for it, it would not
have made any change in the five days
limit.
Judge Burford states also that there
are number Of cases on record similar
to this one and that it has been decided
that the bill could become a law regard
less of the governors veto after the five
days limit had passed from the time that
he first received the bill.
Had the council and house both called
for the bill It might have made some
difference, but owing to the fact that the
council called for the bin alone it did
not make the act an authentic one on this
part of the assembly. Judge Burford has
the opinion that this might have changed
the matter. but owing to the fact that
It was not done. the action Of the coun-
ell had no effect whatever.
Senator Miller is rejoicing today on &C
count of the success Of mis- measure, re-
gardIess Of the veto Of Governor Barnes, (
and that the college at Saltwater VIII re-
ceive the additional appropriation. The
BIN was fully outlined in regard to what
the money was 10 be expended for and
provided for some splendid buildings for
the use of the agricultural ard mechani- +
cal work Now that the college viii have
the appropriation originally intended. it [
VIII have q splendid barn in addition, /
owing to the appropriation of $500 which (
passed both houses and met the approval
Of the governor.
There is no question but what the hill
VIII be placed In the session laws by Sec +
rotary Jenkins and the decision az Judge +
Burford VIII not be appealed III might +
be possible. however that when the de-
nand is made Tor the appropriation that +
someone viii contest the legality of the .
proceedings in the courts. which might 4
-ra Ike II long drawn ont