The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-19
CONCERNING
OFFICES IN
OKLAHOMA
Mr.. Jenkins WIFI Have Many
Places TO Give Out.
TO BE HIS OWN JUDGE
Whether a Man Shall Remain
in the Public Service.
TO BE HIS OWN JUDGE

Guthrie. 0. T. April 1s.--Since TIE ap,
pointment Of Secretary jenkins to sue,
coed c. NJ Barnes as governor Of Okla,
bona, there las ben much speculation
as to what viii be done in the matter
o. appointments for lie next four years.
The argument is already being advanced
that Secretary Jenkins was appointed IN
the interests of harmony. that it would
not result in harmony # all Of the Re-
publicans now holding Office were turned
down by the governor If it were Demo-
Gratis instead Of Republicans, all would
be changed. but such Is not the case.
II is taken as an accepted fact that as
governor Mr.. Jenkins viii have power TO
appoint territorial officers at any time
that be may wish. The statute in regard
10 the matter says: The governor shah
have power 10 remove any officer so ap,
pointed by him, in case of incompetency,
neglect OF duty OF malfeasance in Office,
and then may fiji the same as provided
in cases of vacancy"
A test case was made up of this in thu
mandamUs proceedings brought by Evan
tendent Observation-Disclosures
.. Cameron TO secure the Office OF sup
erintendent of public instruction and ex-
ohcio auditor. which was held by J.
H. Parker It was held that mandamus
viii not lie to try the title to a public
Office, and that in q case where an OH,
Ger is relieved by a governor the courts
have now power to review his action.
so long as the governors action in re-
moving an officer is within the limits
Of the power conferred upon him by
statute the courts cannot interfere to ar
rest his action or review the proceedings
before him He Is the exclusive judge,
60 far as the courts are concerned, of the
suf8ciency Of the proof Of the charges
and his findings are not answerabls
by any court.
In regard to the constitutional right.
the supreme court also found: THAT
clause Of the bill Of rights that no per
son shall be deprived OF life. liberty. OF
property without due process Of law is
not infringed by statute giving a gov,
ernor power TO remove a superintendent
Of public instruction from office for IN,
competency, neglect Of duty or NAL
feasance in Office without a trial in a
court Of law. there being no such thing
within the meaning Of that section.
On the 2Srd of February, 1894. Evan D. /
Cameron as the newly appointed super, /
intendent and auditor fled mandamus !
proceedings against J. II Parker in the !
supreme court, asking for the records /
and equipment of the Office. Parker was
appointed by Governor Seay, and when
Governor Renfrow took charge OF the /
Office Cameron was appointed by Rem, (
frow. tand charges preferred agains 1
Parker. The matter was finally made 1
a test case and the decision of the court /
as stated above has been observed since |
that time.
Considering that the new governor win /
have power to remove the present off,
GERS If he so desires, ne VIII have the
following appointments to make IN,
less he desires that some Of the present I
territorial officers hold over: Attorney
general, treasurer, auditor, private sec
rotary school land board. assistant sec
rotary school land board, oil inspector,
bank commissioner. deputy auditor. adju-
tant general. grain inspector. superinten-
dent public health, regents territorial uni
versity. regents a. and NJ. college, live
stock territorial commission. board o>
education Of normal schools. board or
regents of colored agricultural and nor,
nal university territorial board of edu-
cation. board Of health obard OF phar-
macy board Of dental examiners. Besides
these officers there win be appointments
to make in the new country.
Jnst what the plans of the new COVER