The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-01-02
NORMAL SCHOOL
RACKET IS OVER
AmeS and LOwery Say no
Further Litigation
Will EnSue

Ro6er Lowsry, ct Saltwater and
C. p. Ames Of Oklahoma City wer- in
the city yesterday The news hat
Granite has prepared %. bring iuju' C
tioa procedures has caused sdded
inseross IN tho Southwestern normal
mater and SO these two gentlemen
were asked what chances Granite had
for accomplish her purpose.
Mr. Ames al ored for bo'h He
said 1--WE hara. think Sc possible
chat any fuhea iesal proceedings
win be taken relative to the location
Of the Southwestern normal Every
rossibla phase Of the matter has
been fulllA considered by the courts.
First Judge Hainer passed on the
case on O motion to dissolve tn in
junction. Then Judge Lurwen tried
the case on The merits. Thea the
supreme g~r. considered st fully No
new facts can be brought forward
because the case was tried ca an
agreed statement of facts which in
cluded every important step from The
passage of the law by the las iseis
lature to the selection Of our COM
mittee by Governor Barnes, the seloc-
ion Of the other comittee by Gov
ernor jenkins. The action our COM
mittee in locating the school at
Weatherford the action Of the J-a-
kins committee in undertaking to 10
cate ~ at Granite and all pr ceed-
ings OF whatsoever character On
this complete statement of facts. TO
which all parties agreed, the rial
Ijudge1 and the supreme court nsld
that the Barnes committee was the
only legally constituted committee
and that the school would have 70 be
built at weatherford Judge Bur
ford, in the opinion of the supreme
court. says:
THE limit on the authority Of 'ha
governor having expired before the
second committee was appointed his
actions were functus officio, ana he
second committee was not even de
facto committee, unless the first CON
mittee were removed or had in same
inanuer vacated their positions II
li5 admitted in the stipulation thai
The first committee was neither re-
moved, nor had they resigned prior 10
tho appointment Of the second com
mittee.
These appointments were without
au'ho ity at the time they were made
and hence conferred no authority on
he a1pointees. The ap
polntmonts made by him (Jenkins)
being Of no force as appointments +
cannon be said that shey wero effec;-
i've as removals. And If it were CA
coded tha he had che power re
move the old board at the time hs
made the appointments OF the second
committee (Which we do not wish tc
be undsrs1ood as concedinel, ye he
did not exerciae such power in tho
name. to make Il effcctIva. and tn,
Barnes committee was never div atet
Of It's powers. and its acts were With
in It's authority
"All the other judge concurrcd il
this opiaion. Thi- being the case
wc do not think that any county a.
tofney OF the territory would afply
fer another injunction; nor DO VI
think it possible that eay probate
judge would grant the writ; certain
ly no. after reading the opinion O
the supreme court Il is, of course
certain that none Of the judges OF thu
supreme court would entertain sucl
an application. We, therefore. thinl
nat this whole matter is a CLOSED in
cident and that the boald Of eduoa
tion. viii at once establish the schoo
al weatherford"
It is stated on good authority tha
the no NAL board when It meets O
January ?. will begin advertismg 70
bids for the construction OF tn
weathsriord normal On March
he con -tuciioa will begin