The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-09

Attorney General Charles j. West,
n his letter TO the assistant secretary
Vt state relative to the proce ure Of
he secretary Of ates office and the
Oklahoma City state capital removal
'cheme. says:
TO the Acting Secretary Of State
"ln answer to your communication
81 even date, with reference to the
ne itions to amend the constitution
md provide fg' the permanent loca-
lon Of the state, allow me to say:
That you have not stated sufficien
facts 70. me to be able to determine
whether or not the objection named
vas filed in or out OF time, but that
n my opinion TINT question is imma-
tc;ial to the consideration of what you
Should do in he premises, and that it
will be necessary for you to pass upon
the question as to whether it was filed
in or our of time. and | advise you
TO refuse to pass upon such a ques
tion unless the court shall order you
so to do.
"ln my opinion section of the act
approved April 6, 1908, cnti led an
Act to provide for The carrying into
effect tha initiative end referendum
providing, as it does, that when a peti-
tion is filed, the secretary OF state
shall al once proceed TO examine into
it's sufficiency anG that if any one de-
sires to appear for or against it. shall
receive testimony and arguments,
gives to your office the duty and
power of examining into the suffi-
cheney of such petition of your own
notion whether or not any objections
were filed, and therefore, you can take
mp such petitions and inquire into
their suflic!ency yourself, and for that
purpose il would be compliance
with the statutes and proper thing
for you 10 10 10 hear the testimony
of any one that may have anything
Ito Sly for or against the same Have
said testimony reduced to writing by
IA stenogrepher and file with it your
findings as to the sufficiency o. in
sufficiency of the petition. And |
lSoud suggest that you notify the
court as an answer of the situation
that you are ready and willing to set
time fOl the hearing as to The sui
ficency OF said petition, and tht you
desire TO hear the petitioners and OBJ
iectors. and any other person who
may be interested; and are ready and
willing to dO anything yourself thai
the court may order you to do in the
premises.
when you pass upon the sulli
cheney Of the petition ! advise You to
find either that the petitions. one or
both. are sufficient, or insufficient
Il thinB the question of when the
objection WIS filed is immaterial I'M
der the facts Of this case, unless you
desire not to examine into the suffi.
cheney of the petitions upon evidence
If. for any reason appearing good tc
Yourself. you desire not to hear any
testimony. and you understand that
my advice is that YOU hear anyone
who wishes to testify to matters per
jnent - the issues-but If You de
sire not to hear any testimony. thel
first would the question arise whether
the objection was filed in time ans
whether as a matter of fact Hon
Frank Dale and others have a righ
under the law to be heard IF yot
desire TO hear them upon your owl
motion, then surely it is immateria
whether they have a right to be hea-C
or not
~ is my opinion that the Officers
Of he government in passing upon
such questions should be entirely i'm
partial ard impersonal, and that an!