The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-04-22
"With best wishes for your pesonal
welfare. ! am.
Yours very truly
"WM. NJ. JENKINS,

welfare. ! am.
Yours very truly,
"WM NJ JENKINS,
Governor.
Each OF these committees visited the
southwestern portion OF the territory
between August 10th and September
10Th. 1907, and each committee select
ed a site for the institution between
these dates, the Barnes committee Sc
lected a site near the town OF Wealth
erfrd and the Jenkins committee select
ed a site near the town OF Granite and
each committee made its report as pro-
vided in the act Each OF these places
are such as TO meet he requirements
OF the law, and each place complied
with all the provisions OF the law as
to ground, etc. Governor jenkins ncy-
er communicated with any OF the mem
bers OF the barnes committee verbally
or in writing except as shown by the
above letter. There was never made
by him any order emoying the mem-
bers OF the first committee, nr was
any memorandum OF any such action
Med in the governors oqice except as
shown by the language Of the commits
sions issued to the second committee,
which, except the names, is the same II
each, and is as follows;
Know We. that reposing special
trust and confidence in the ability ana
integrity OF George S. Green, Of
Guthrie, o. T., instead OF DR.. r. w.
Southard OF Perry, o. T., retired l
have appointed and do he-eby commis-
sion him a member OF committee which
is authorized and empowered to select
site for establishment OF Southwest
normal school, etc.
The members OF the first committee
had no notice that 0rvcrn0r Jenkins
proposed taking the action which was
taken by him, except afterwards, IS
shown by the letter quoted and Inc
action taken by him was sum 1,ary, ex
parte and without a hearing accord
ed to the members OF the rfist named
committee or eithe OF them.
1t is also admitted in the record
that the Barnes committee were not
and have not been guilty OF any mai
ieasance in their position aud hays
never resigned.
Ii is also admitted that the territor.
ial board CT education had eiiscl &c
recognize the location made by th,
Barnes committee, or 10 proceed wit
the erection of the said Southwestei q
normal at the site selected ov them
but had recognized the location mad,
by the second committee and were, al
the commencement Of this action, pro
ceeding with the erection OF fhe South
western normal building on the ioca
tion selected by the jenkins commit
tee; we're having plans and speciica
tons made and were about 10 IN L
bids for the construction OF the build
ing on the Granite site, and that tn
board of education had full knowledg
OF the location OF this institute jn ~,
the first committee near Weatherford
The estimated costs OF the building
about to be erected the site a
Granite is S3s,oOo,oo which amoui,
was raised by the levy provided for II
the act. All of the acts and proceed
ings looked toward the erection OF II
school at Granite transpired at regu
lar meetings of the territorial boar
OF education at Edmond in this coun
ty
Under this state OF facts the temper
|, airy injunction issued by the probat
Judge TO be made perpetual
But, before exposing an opinion up
on this question perhaps il would
well TO notice the contentious relic
upon by the respective parties and I
harmonic, II possible, the apparcntl
pnficting authorities.
The first difference between IA
: plaintiff and the defendant IS; tina
1 plaintiff contends that the commit.c
/ are public officers, while the defend
ants claim that they are only employs
: or at any rate, whatever their eN1,
, legal character may be, they do NJ
reach the dignity OF officers. Concet
ing for the sake OF argument that the
, are not officers, then what would D
p the governors powerl Wuld he hay
! the power to change them? thin
not. II they are not officers butts uir
/ ply a legislative committee then, unde
the organic act, Il would be necessar
{ for the governor TO make the appoint
{ ment at all, but the legislature, in III
first instance, could not My Great
and constitute the committee, but
: Guild also designate the persons VIII
I should compose il. II not officers, the
r the governors powers are only such 4
E are conferred by the act itself, ami
+ cannot be contended that the languae
S OF the act expressly authorizes the
D removal The statute provides IA,
r "a committee Of FIVE men. TO be sl
ipointed by the governor OF the. terr