The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-27

evidence of this is the telegram from Mr..
Hitchcock in which he says that state
ment of that kind is an absolute false
anybody else
TO resume then Mr.. Hitchcock, and
later Mr.. Garfield, in allowing the ex-
tention of that line last April acted di-
recely in accordance with the law.
Governor Haskells action, however,
was on the face of it, at least. exactly
contrary as will be seen by noting the
following fact:
THE legislation of Oklahoma with the
formation of which Governor Haskell
had much to do, provided that certain
definite action must be taken by corpor-
atoms before they should have the right
of eminent domain among which re-
qurements was the Incorporation in the
state of Oklahoma and the filing of list
of stockholders officers and directors
of the corporation.
Suit Is Brought.
ATTORNEY General West of Oklahoma
found that the Prairie Oil and Gas COM
| pany was about TO build pipe line which
would cross public highways and private
/ land involving the exercise of the power
| of eminent domain, he brought suit in
| equity to restrain the company by in
junction from doing this unless it COM
piled with the clear mandates of the state
constitution
1.-The question at issue, is not should
the pipe line be built, but should the
company comply with the requirement of
the state law and this was all that At
torney General West tried to bring about.
He did not pretend that he would pre-
vent the building of the line if the COM
pany complied with the state law.
Governor Haskell, l am told, under
good authority attempted to have At
torney General West withdraw the suit
and thus allow the pipe line building
without compliance with the state law.
He refused to do so.
'Thereupon, as L am informed and
have not seen 1t denied, Governor Has
kel obtained from the supreme court of
the state writ of prohibition against
the attorney general and the lower court
to prevent the carrying out of the in
junction obtained.
THUS you will see the President s
claim against Governor Haskell is that he
acted sincerely against the laws of Ok
! lahoma to help out this company, whereas
/ the truth concerning the department OF
! the interior is that it acted directly under
! and in accordance with the laws of the
| United States, which the secretary is
| bound to effectuate, and merely required
| any applicant for the privilege to qualify
| under that law which this particular COM
! pany did very well.
HaskeI's Steps.
"Then to resume, the difference is sim.
ply that the secretaries of the interior
administered the law in good faith to the
best of their ability, while Governor Has
kell took extraordinary steps to prevent
| the effectuating the law of the state OF
| Oklahoma.
zone more matter, namely the claim
that Governor Haskell protested against
any action of Secretary Garfield last
April or any other time The only cor
respondence which can be found in the
records is a telegram from the governor
to the secretary and a reply. They are
as follows
" Guthrie, Okla, April %, 1908
Hon James r. Garfield, Secretary OF
the Interior, Washington:
I'VE want to harmonic with your Of
fetal acts and therefore ask you to adj
wise us if you claim power to grant fran
chise to pipe lines involving right of emf
nent domain in our state. Kindly advise
me. C. N. HASKELL,
Governor of Oklahoma
Department of Interior, April %, 1908.
-" Hon. c. N. Haskell, Guthrie, Okla:
I grant pipe lines nothing whatever,
! but permits to cross or restricted al
| lotments and tribal property. / heartily
| concur with your desire for complete har-
| mony between federal and state official
! acts. GARFIELD, Secretary
There is no appearance of a protest in
the governors telegram. 1t was no so re-
! garded by the secretary at the time and
it was believed that the telegram was a
mere request for information and a prom
Use of cooperation by state officials as
Tar as possible with the department,
which it will be seen the secretary heart
lily responds to in his telegram"