The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-09-28

with the formation of which Cover
nor Haskell had much to do, provided
that certain definite action must be
taken by corporations before they
could have the right of eminent
domain. among which requirements
was the incorporation in the state of
Oklahoma and the filing of a list OF
stockholders. officers and directors of
the corporation
when Attorney General West of
Oklahoma found that the Prairie Oil
and Gas company was about to build
a pipe line which would cross pub
lie highways and private land, in
volving 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
complied with the clear mandates of
the state constitution.
This question at issue is not.
should the pipe line be built. but
should the company comply with the
requirements of state law. and this was
all that Attorney General West tried
to bring about. He did not pretend
that he would prevent the building of
the line If they complied with the
Governor Haskell, 1 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 1 have been in
formed, and have not seen it denied,
Governor Haskell obtained from the
supreme court of the state a writ Of
general and the lower court to pre-
vent the carrying out of the injunc-
ton obtained.
Thus you will see the presidents claim
against Governor Haskell is that he acted
directly against the laws of Oklahoma to
help out this company, whereas. the truth
concerning the department of the interior
is that 1t acted directly under and in ac-
cordance with the laws of the United
States which the secretary is bound to
effectuate and merely require any appli-
cant for the privilege to qualify under that
law, which this particular company did
very well.
simply that the secretaries of the interior
administered the law in good faith to the
best of their ability. while Governor Has
kel took extraordinary steps to prevent
the effectuating of the %w of the state of
Oklahoma.
No Protest Recorded.
zone more matter. namely. the claim
that Governor Haskell protested against
any action of Secretary Garfield lasrApril,
or any other time. The only correspond
ence which can be found in the records
is telegram from the governor TO the
secretary and reply. They are as fol-
-ows:
James r. Garfield. Secretary of the In
terror. Washington: We want to har-
mOniZe with your official acts, and there
fore ask you to advise us if you claim
power to grant franchise to pipe lines
involving right of eminent domain in our
state. Kindly advise me.
C n. HASKELL
Governor of Oklahoma
Department of the Interior. April q.
190S.-TO Hon. C N Haskell Guthrie
Oklahoma: I grant to pipe lines nothing
whatever but permits TO cross or use re-
stricted alIotments and tribal property
heartily concur with your desire for COM
plete harmony between federal and state
official acts GARFIELD.
'SecretarEof the Interior
There is no appearance of a protest
in the governors telegram. 1t was not so
regarded by the secretary at the time,
and it was believed that the telegram
was a mere request for information and
a promise of cooperation by state off,
Gals as far as possible with the depart
ment. to which il will be seen the secre-
tary heartily responded in hiss telegram