The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-08-15

/ CALF URhiA FIG SYRUP Gu
SAN FRANCISCO, CAL
LOUISVILLE. ZY. NEW YOEK. ". =.
Rorssle by all Druggists Pr ceEQc. ger bottls
of a second committee is without author
ity. and why, ignoring your action, the
Barnes committee" should proceed tc
make the location Of said Institution.
The establishment OF said institution
/ and the providing for its location was a
matter exclusively within the legislative
/ function. The legislature i'm the first in
/ stance, had the absolute and exclusive
right to have named and constituted such
/ committee. The only power it delegated
+ to the governor was the power: Within
/ ninety days. TO appoint "a committee con
+ sisting of five men" which committee,
upon being SO appointed. is hereby con-
stituted and appointed as a committee.
/ whose duty it shall be, etc" When the
I governor. within ninety days exercised
/ the power so delegated. his function
/ ceased. Delegated powers are strictly
1 construed, and nothing may be added by
iltendmeDt or implication. No power of
( removal or official supervision was given
/ the governor. either over the committee
or the erection of the institution. The
act does not even contemplate a report
1 by the committee to the governor. The
next official acc after the location Of the
site is 10y the board Of education of the
territory which is authorized to contract
for the material and construction of all
necessary buildings
Second-The ignoring by you Of the
Barnes committee and the arbitra1s
appointment Of another committee, con-
sisting entirely Of other persons. is an
attempt by you TO exercise the ORIGINAL
power OF appointment delegated under
said act Said act provides that such dele
gated power be exercised within ninety
days. Your appointment Of the second
committee was made more than five
months after said act became q law. ana
is. tehrefore. void.
And now. allow me to take up some Of
the reasons given to the public as ex-
planning your unusual action in this
matter.
First-The Guthrie Daily Leader Of [
August 10, contains the following, which /
it alleges was obtained from you in a /.
personal interviey:
IN an interview with a Leader repre- /
sentative this afternoon Governor Jenk- (
ms advanced his reasons for appointing /
another commission that the old COM
mission had not indicated any purpose of +
performing the duties imposed upon them.
and that the public policy required that
the normal school site be selected at
once"
The old commission had received,
answered ana considered the communica-
tions of every town which is a candidate
Every member of the last legislative as-
semblv had been communicated with. and
an attempt made to ascertain what. in
his opinion was the true intent and scope
of the lin. August 30 had been agreed
upon as the date of meeting
Quoting again from tho act. "Tho said
committee. when SO appointed shall. be-
tween the 10Th day of August. 1901. and
the Goth day of September. I'm the same
wear. visit said southwestern portion OF
Oklahoma territory and select n site for
the establishment Of said Southwestern
normal VIII you explain what You ex-
pected said committee to do prior 70 Aug
ust l12 1T is my individual judgment
that the lesisla a-ure had in uind when the
act YVES passed. that on August g. 1901. at
latest three large counties would he add
ca to "Southwestern Oklahoma and that
these counties should be considered q part
of the territorv within which such instit,i-
tion rirht be located Did You desire
that tho rights Of these counties t0 con-
siderotlon 90 be cut or by premature &C
ton Of The committee The committee
met for business on the first dav II hsd
n leeal richt u take official sction. II
met at Gathrie for the purpose of organfz-
fus. consulting rou and making the pre-