The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-08-31
GOVERNOR s
consent IS
:. : NECESSARY.
BEFORE SUITS CAN BE
BROUGHT IN NAME
OF STATE
SUPREME COURT
OPINION UNANIMOUS
Attorney General Has Not Even
The Powers Of County
Attorney

Governor c. n. Haskell's appIicd.
ton for a writ of prohibition against
A. II. Huston, Judge OF the Eleventh
judicial district. and Attorney Gen
eral Charles West preventing further
hearing in the suit instituted by A.
torney General Charles Wcst against
the Prairie Oil 4 Gas Co., alleging
/ violation of the laws OF the state was
sustained unanimously by the supreme
court IN an opinion handed down late
| Saturday afternoon by Justice Tur-
ner in which all the justices concur.
Judgment was entered for q per-
emptory writ aginst the lower court,
which ends proceedings there.
Governor's Consent Necessary
The case covered By the decision
involved the righi Of the attorney
general TO initiate suits in the name
of the state. and without the gover-
nors sanction. II arose over suit
! filed by Attorney General West
against the Prairie OIL & Gas company
30 prevent It from building an ell
pipe line from the shallow field in
Washington county, through that
county and through Nowata county
over the public highways, until the
company has secured charter as a
domestic corporation. The case also
involved the right of eminent domain
Old producers of the Northern Okla
homa fields represented to Governor
Haskell that the commercial life o.
their sections depended upon the i'm
provement contemplated The COM
pany announced its intention TO pro
ceed without violating the law and
Governor Haskell, claiming that suits
IN the states name could only be in
stituted upon the governors authority.
submitted a motion in the district
court to dismiss the case for this
reason. The district court held adj
ver5ely 10 the governor. and an APP
peal was taken by The governor TO the
supreme court for a writ Of prohiNh
don, which Il granted Saturday
Powers Of Governor.
The court holds that The express
sion when requesied' has the same
meaning as IF requested" which
would clearly exclude The attorney
generals power 70 bring suits unless
requested by the governor
The decision also hol,ss that the gov
ernor had the right TO file his motion
der the discretionary powers given by
the constitution TO the chief executive
and that the fact that the governor
had such discretionary power bars
the attorney general from exercising
Il in such cases.
The opinion holds thar the moment
Governor Haskell filed his petition in
the district court asking for a dis.
missal Of the case. then the district
Judge exceeded his authority in at
tempting to proceed further with the
trial Of the case, and that the weight
OF prohibition was the only remedy
viii Build Pipe Line.
Judge John J. Shea. of BartlesYille
who conducted the negotiations be
tween Tie oil producers and Governor
Haskell, said that the Prairie Oil q
Gas company would resume work this
4 morning, and that the line would be-
4 completed during forty DAYS.
II was the courts holding Sahir
4 day thar the powers Of the governor
are defined by the constitution; bS
that part of Article 6, Section s, which
4 provides that he shall cause all the
laws to be faithfully executed, he 4
empowered TO institute a suit for ant
I ih the name OF the state. Under VIII
4 sons statutes Of Oklahoma, Section
4 bo6l. the attorney general has no DOW
err 10 bring a suit IN the name of tht
STATE or prosecute, or defend the
4 same IN the district courts OF the sta II
IN any civil or criminal cause IN whici
4 the state may be a party, or inter
4 ested, except when requested to "a
4 so by the governor, or by either
q branch OF the legislature, Prohibition
q Is the proper remedy whore an infe
4 rior court assumes 80 exercise ndi
4 cial power not granted by law. or Il
n attempting 10 make an excessive an,
i authorized application Of iudicia
4 force in a cause otherwise cognizabl,
" by H. q :
Has Not Even Powers Of County Al
torney.
The decision goes so far as 20 hoi,
i that The attorney general under Sec
Il tior 1850 OF Wilson's statutes has no
q oven the power 10 Institute or main
A tain an action in me courts 10 abat,
a nuisance without first having thl
Il consent Of the governor The decision
a further holds that the aiiornes genor
q al has noi The powers TO prosecute
"a criminal action in The courts wiihou
q the consent OF the chief executive
n which. a county attorney has
a Mississippi Case Examined.
81 The court announced chat. In Il.
a wide range OF investigation, II failo,
q ~ find bur one case n which thi
y right OF the governor 10 sue IN tn