The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-08-14
BARNES LOCATERS
ISSUE Def
In Open Letter to Governor
Bob LOwery Cites the
Law; Will Locate

OF saltwater:
sTmLwATER O. IT, AUG. 13. -
Especial Hon. Robert a. Lowry has
written the following open letter 20
Governor jenkins, and asks your cor
respondent to forward It 20 the the
State Capital:
w. NJ. Jenkins, Governor Guthrie.
Oklahoma:
sir.-On March s. 1901. what is known
as the Southwestern Normal school
Act became q law by the approval Of
Governor G.. NJ Barnes Section
Of said act reads as follows.
Section s. A committee. consisting OF
five men. 90 be appointed by the COVER
nor Of the Territory, is hereby consti-
tpSed and appointed, as committee
whose duty Il Is hereby made and
which IL hereby authorized and em-
powered to select a site for the estab-
liahment Of said normal school as pro-
We'd for In this act. and within ninety
days after the passage and approval
OF this act Il shall be the duty Of the
governor OF said Territory 20 appoint
said committee. and said committee
when so appointed shall, between the
tenth day OF August. 1901, and the
twentieth day Of September In said
year. visit the said southwestern por-
tion of Oklahoma Territory and SEE
iect a site for the establishment Of
said Southwestern Normal.
On May 6. 1901, Governor Barnes in
compliance with the above provisions
appointed the following persons as said
committees
G. NJ Cade, Shawnee. O T.
r. w. Southard, Perry O. r.
r.. A. Lowry, saltwater, o. T.
G. b. Ames. Oklahoma city. O. r.
J. A. Stlne. Alva, O. T.
The members of said committee ac-
oepted said appointment and duly quail
flied.
You win note that the act provides
that "said committee, when so appoint
ed. shall, between the tenth day Of
August 1901. and the twentieth day of
September in the same year, visit the
said southern portion OF Oklahoma Ter
ritory. and select the site, etc"
on August 10, 1901, at the earliest
moment the committee was authorized
10 take any official action. said com
Inittee met pursuant TO a call, at
Guthrie for the purpose OF organizing
and determining on the method OF
carrying into execution the provisions
OF said section three.
On August Q, 1901 the following In
formation was given out from your Of
flee and published in the oklahoma
State Capital on the morning OF Aug
ust 10:
Governor W. NJ. Jenkins yesterday
named the five following gentlemen as
members of a commission TO locate the
Southwest Normal School:
James H. Wheeler Guthrie
w. G.. Teterick, Blackwell.
George S. Green. Guthrie
John Embry Chandler
Luther Martin, Alva.
No notice of removal either verbal
or written, had been given by YOU TO
any memebr OF the committee OF which
i am "A member and which you thus
sought to supercede. Neither had you
al any time requested the resignation
Of any member OF said committee or
IN any manner intimated 20 any OF
them that their resignation would be
acceptable.
After making the foregoing state
ments. which may be Classed as rec
ord evidence. ana before proceeding,
allow ma TO state that write this let
ter as an Individual, and without the
l1nowledge or suggestion of any of my
fellow members ON the Barnes com
mittee"
Waiving the ethical proposition Of
official courtesy, which wOuld at least
have suggested "a request for "a resig-
nation or n personal notice of your
intended action. and passing over the
personal injustice 20 every member OF
the Barnes committee" with which
your summary disposal of It Is preg.
nanf allow me 90 state the following
resons why in my judgment your
action In the appointment OF a second
committee ls without authority and
why ignoring your action the Barnes
committee" should proceed to make the
location of said institution.
The establishment OF said institu-
t.on and providing for It's oo2tion was
a meatter exclusively within the leg'sla-
tive function The legislature. in the
first instance, had the absolute and
exclusive right 70 have named and
constituted such committee The only
power Il delegated to the governor was
the power, within ninety days, to ap-
point "a committee consisting Of five
men" which committee, upon being so
appointed us hereby appointed ana
constituted as "a committee, whose
duty il shall be, etc" When the COVER
nor within ninety days exercised the
power 50 delegated, his function ceased
Delegated powers are strictly con-
strued, and nothing may be added by
intendment or Implication. No power
of removal or official supervision was
given the governor either over the COM
mittee on the erection OF the institu-
A..