The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-04-22
OPINION In
SOUTHWEST NORMAL
Judge BurweIl States Law
81 in the Premises

of w. n. Taylor, as county attorney
Si Oklahoma county, in the district
court OF that county, against the boar
OF education cf the territory OF Okla
homa, to enjoin il from building the
outhwestern nomral school, al the
town OF Granite in Greer county, out
OF the funds OF the territory raised by
the levy provided for By the act OF the
legislature. known as article 10 OF chap
ter % Of the session laws OF Okla
homa for 1901
The facts in this case are pretty gen
orally known by the people OF Okla
homa. but bray stated. they are as fol-
lows
The legislature in 1901 by article 10
OF chapter q OF the session laws Of that
year. prvided for the establishment and
erection OF a normal school in the
southwestern portion OF Oklahoma, TO
be known as "The Southwestern Nor
nal School" and section OF the act
provides for the appointment 81 a ccin-
niftce OF FIVE to select site for the
establishment Of this institution We
viii here quote il;
"A committee consisting Of five men
70 be appointed b. the governog-ot the
territory, IS hereby constituted and ap-
pointed r. a committee whose duty It
ii hereby made, and which is hereby
authorized and empowered TO select a
site for the establishment Of said nor
NAL school, as provided br in this act,
and within ninety days after the pas
sage aud approval OF this act. II shall
be the duty Of the governor OF said
territory TO appoint said committee,
and the said committee. when so ap
pointed, shall between the tenth day
OF August, 1901. and the twentieth day
of September Of said year. visit said
southeastern portion OF Oklahoma ter
ritory and select a site for the estab
iishmcnl Of said oSuthwestcrn normal
ouch site to be selected within one mile
of the crporatc limits OF an incorporated
twn. aud TO contain not less than forty
acres of land Provided that said
committee shall be paid, for such SER
vices the same per diem and mile
age as the board Of education Tor the
territory Is paid and in like manner
Pursuant to the provisions Of this
statute. Hon. c. NJ. Barnes, then gov
crnor of Oklahoma duly appointed and
commissioned on or about May 9th,
Iooi the following pcrsns as such COM
mittee r. w Soufhard. c. B. Ames,
Robert A. Lowry J. n. Slime, and
&C. NJ, Cade. Immediately after these
persons wefe- fe-csmmissioned they each
accepted the appointment and took the
oath and filed the same with their ac-
ceptance, with the governo On Au-
gust 10th. 1901 the committee met and
organized by electlng a chairman and
secretary, but on August 9Th, two days
prior Go such meeting. Hon. W. M.
Jenkins. having sometime prior thereto
been appointed governor OF Oklahoma.
without making any formal order or
memoranda removing the committee
appoiRted by Governor Barnes. ap-
pointed second committee. consist
ING 0i George s Green, w. c. Teti-
rick. r. Wheeler, Luther Martin,
and OHM Embry Eacli OF these gen
tlemen also accepted the appointment
aud took the oath, ana filed the same
with the governor, who issued commits
sions 20 them. This committee also
organlzed BY electing a chairman and
secretary. On the same day. August
i2th. Governor jenkins addressed the
following letter TO each OF the com
mittec appointed by Governor Barnes
My dear 81. l have understood thai
you have made some expressions tha
Indicated that you felt you have no
been treated exactly right in regarS
10 the appointment VI your successor
as a member OF the board to locate th'
Southwest school.
IT might have been better to hoy,
addressed you and the other member
OF the committee and requested you
resignatiOns but in the press OF busi
ness this was overlooked, but ! assur,
you tilat | had no desire TO hurt you
feelings ia the matter My action wa
based on what seemed TO me a publi
duty, apd was purely a business mat
ter. I thought that the personal reia
tions between us. and between mysel
and each OF the members OF the OF,
committee had been such that no on
oi them could infer that / had a per
sOual motive IN changing the cmmit
tee. as our relations had always bee
most friendly. | have been receiving
a number of letters of protest from tn
parties interested directly in the loca
ton OF this school, expressing fears
etc. and supposed that the circum
stances ot the committee having bee
appointed after the date OF my com
mission was probably the cause Q
some distruct on the part OF some @
these people, and as the responsibilit
Of the location will eventually rest wit
nae. or with my administration, fel
that Il Was my duty 20 appoint mem
berS of this committee who. IN m
judgment. would be absolutely ire
from any bias in the matter do no
visit 10 intimate that the old commit
tee was biased, or that il would hav
done other than carry out the inteu
ton oi the legislature as nearly as the
we're able to know what that was, bu
! know that the people interested ie
considerable uneasiness and ! feare
that whatever location might be mad
would not be satisfactory and resu
as fortunately as though the persor