The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-02
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ny a. ID. HumDargar.)
Guthrie. Okla, Aug. S1.--In an
unanimous opinion the Supreme court
OF the State OF Oklahoma, Saturday.
held that the Governor is the only
person empowered Under the Consii-
tuition to authorize suit IN the nnme
OF the Stale: that the Attorney Gems
ernl's powers are, defined BY statute
and thnt he has no power to bring
suit in the name OF the State, or
prosccute or defend the same except
when requested so to do by the Gov
enor Or either branch o. the Stare
Leglsiaiure. IN conifnrmity with this
opinion. u parempfory writ Of prohi-
bition issued against Attorney Gen.
eral West and liidge A. HI huston OF
the District court o. Logan county,
forbiding The Attorney General from
further prosecution of suit 10 re-
strain the Prairie OH and Gas Com-
pany from constructing an oil pipe
line In the Eastern part OF the State
and forbidding Judge Huston from
further entertaining such case against
the i-rairie Oil and Gas Company in
the court over which he presides. The
opinion was written by Associate Jus
uce Turner and concurrcd IN by the
Chief Justice and three other asso-
ciate Justices. II Is quite lengthy and
quotes numerous authorities and de-
cisions of other courts 10 sustain eacn
findings IN the syllabus.
Three questions were involved IN
lthe contention between The Governor
and The Attorney General WHEN is
finally settled by this opinion from
The highest court OF the State. The
first question on which the Governor
and the Attorney General differed.
was The power Of the Governor TO IN.
stituta suit In the name Of the
State, the Attorney General holding
that under The constitution OF Okla.
homa, he WAS The supreme law II.
ficer and alone vested with autho1
~ to file such suits
The second question at issue In.
volved the matter OF discretion as 10
when suits should or should not h,
filed in the name o. the State. Tne
Governor held. that as the one cbarg.
ca ny the constitution with the exc.
cution OF the laws. that this discre.
tionary power 10 determine when
suits should be filed in the name n
tne state must necessarily be one Il
the duties OF his office. The Attoe.
ney General held, that ,ie had rights
under the common law in excess OF
tnose rights given him under the
statutes, and because Of the fact that
ne mad heen elected by The people
as member of the executive branch
OF the government. that to him be.
lonsed the right OF determining when
suits in the name of the State should
be filed.
The third question at issue arose
out OF the application by the Governor
for a writ of prohibition, and was
raised by the Attorney General In his
pleadlngs when he set up the argu.
ment that even though the Governor
were right in his other contentious
that a writ of prohibition was not the
proper remedy in the case at bar
In the opinion. the Court holds the
Governor to lie right in each OF the
4 three contentious ut issue, as IL Ia
dieates in the syllabus of the case
which is as follows:
THE powers OF the Governor
! are defined by the constitution; by
that part OF article vi. section 3
which provides that he shall cause
the laws 10 be faithfully executed, h,
is empowered TO institute q suit 70,
and In the name of The State
2.-7-Under Wilson's Revised and An
notated Statutes Of Oklahoma. 1903
Section 6567. the Attorney Gener.
has no power to bring suit in The
name Of the State or prosecute or de
fend the name in the District Court.
Of the State in any civil or crimlna
cause in which the State may be
I party or Interested, except when re
ques,Ed by the Governor or cilnel
/ branch of the LEGISLATURE
3.-Prohibition is the proper reno
d. y here an lnfencr court aisuncs &,
exercise tadicial power not granite,
by law. or is attempting 10 mako m
excessive and unauthorized applica
ton of judicial force in a cause other
wise properly cogrizable by IT,"
After exhaustyely reviewing ia,
authorities on the first issue involv
ing the question OF the right OF th'
Governor 10 sue in the name OF tn,
State, the conr finds:
Thus IL viii be seen that ih'
right OF The Governor 90 bring suit a
the name os the State IN all natter
pubIicis juris IS placed upon .s..e higl
ground Of his duties under the con
siituiion OF the State 20 cause IA,
laws to DO faithfully executed, an
not upon any statutory ground. Tai
authorities here cited supporting ihi
propositions were based purely upoi
the constitutional provisions indope.
dent OF statutes.
In accordance with the grea
Veil OF authority. we conclude IA :
the Governors right to bring thi
suit rest upon that
stitulion Of the State OF Oklahomt
whore in IL is provided the Cove.
nor shall cause the laws OF the Stat
to he faithfully executed
on the second question involyinl
the power OF the Attorney General &
file a suit in the name OF the Stat
without the consent Of the Governor
the court holds that Il Is a slmDl
matter Of statutory construction. Tha
the powers and duties OF the Atforne