The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-07-26

/ is the actual directing head of the
/ state government. and not merely the
states fiscal agent
The attorney generals ono" is
mentioned IN he constitution as one
of the oNecrtive family and with
/ the other officers. is directed to per
/ form such duties as may bc designat
! ed bv the constitution or prescribed
by law II seems to Dee otherwise ST.
lpnt ne 10 the attorney generals du-
ups wilson Annotated statutes OF
/ oklahoma Territory, however being
in effect whore not substituted 10y
subsequent acts reads. Where action
ie brought hv the attorney general of
hI- own motion. or when directed To
do go bv competent authorize II shall
lc prosecuted in tho name of th" ter
ntory now the stated.
/ The procedure tor injunction is also
outlined Another section defines how
. tho attorney general Is to proceed
when requested to do so hy th" gov.
ornor'
\ letter. written 90 IN" governor bN
/ The attorney general under date OF
, MAY n. regarding the appointment "i
a deputy sheriff indicates thct taii"r
rov general construction OF the con
.rmtiop in It's Limitation upon the au
'uorit, and powers of the several
state officers comprising the executive
! family
The governor had asked If hn had
authority. fo dpuO.Lt % deputy sh'IiU
| who's. desire. ass HNur.s-Dd iu .ur gov
erupr Nls to assist certain shcrIu
IN the capturc of a bandit Attorney
General Nt-f SAWS that 30 was not in.
tended by the constitution that any
part OF the executive authority Wtrusl
cd to the lieutenant governor state
treasurer secretary of state, at'or
ur, general or any other state officer
is meant to be- ntrustcd 10 the chief
magistrate with supervisory authority
over them Ihcy are constitutional OF.
ucoYs he holds, the executive power
being divided.
I'm the Injunction that the governor
shall see that the laws are faithfully
executed In view OF which the deputy
sheriff wished appointment as indicat
cd. the attorney general stated in
his letter that II simply meant IN
such a way as the constitution or
statutes direct incidentally, the attor-
ucy general ruled that the goNernor
could not appoint deputy sheriff. as
/ there was no expressed statutory au-
/ thority for &c.
In order to settle the authority 10
bring suits In the name of the STATE
of Oklahoma. that feature of the case
will probably be submitted To ~"
suprcma court before the suit prop'i
is heard upon its merits. In the mem
time. however. attorney for other cor
porations are already taking ad'''
tagc of the controversy as was so ''i
In the car cleaning suit brought n'
Attorney General West before iN'
same district Judge who Will try o..
suits against the Prairie OIL ana Ga
COMPANY The attorney general ask
ed am Injunction 10 prevent rai.'ta,
companies from sweeping cars i'
transit which the companies resis.o.
with the contention that the suit ha
not been ordered by the goyerno"
and that the attorney general had no
authority 10 do so iu the absence %
ill., lu dispOsiug OF the car c.eaniu'
suit. Judge Huston refused 10 l'S
upon the contention. which leaves h.n
free tu meet jhe issue when squa"'ll
, drawn
Tho Prairie OH and Gas COMPANY
enters the controversy only so IA
as IL obtains 10 crossing the hign
ways with It's proposed pipe lines. Tn,
first suit was filed hy the attorne!
general the day following Govetno
Haskcus departure tor the Denvh
convention .losr opposed 10 his po
sition criticised in that he waite.
until the governor was ont of tn
state before acting
For several days prior TO the gov
cnor's departure. the attorney gcneT
al had been iu communication Will
the oil section OF the state, hI' di'
not file the papers In the suit uLt
he received word that the Prair!' D'
and Gas company had actually cross
ed a highway lie says the governor
d departure had nothing 10 do wit! III
filing time. but that he acted onl
latter receiving positive infprmatio
that a highway had been utiHcl
While cu route to Denver, Govcrno
| Haskell trlegraphed to Guthrie TO IN
| s,ruCt the attorney general no to brin
| amy suits unless instructed to do 81
| hy him. and that he would reCOgniZ
| mo other procedure. The suits hayin
been filed caused another Telegram
| asking for continuance of the hearing
and hy agreement of the attorney
fhr case went over until July y,
n securing the continuance, the Pra
rife oil and Gas company agreed ina
lt should leave the suit In stam qur
Upon his return from Denver. Gov
| .ruYr Haskell announced that h