The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-14
STATE CAPITAL REMOVAL
SCHEME WILL Be AIRED
Judge Huston Refuses Defend
ants Permission TO File
Amended Answer

District Judge A. II Huston this
morning issued a peremplory writ Of
mandamus against Secretary of state
Bill Cross and Acting Secretary OF
State Leo Meyer requiring them 20
give hearing to the Guthrie protest.
ants who filed objections TO initiative
petitions Nos. and Z, filed on July
21st last, by A b. NeNbem, ol
Oklahoma City, asking that an elec
tiOn be called 10 submit an amend
memt to the constitution permitting
the removal OF the state capital 6e
fore 1873 and TO initiate a bill pro
yiding for the permanent location OF
the capital.
This action WIS taken bJ judge
Huston after continuing the matter
over until today TO give Judge w. A.
Lodbottcr who yesterday was denied
tho right TO appear for the Oklahoma
City petitioners i'm the case by Judge
Huston, an opportunity to secure a
writ OF prohibition fIOm the supreme
court to est0p The proceedings, as
the Oklahoma CITY attDrncf had ques
tioned the iuri 3diClion cf judge Illus.
toms court in The matter in his argu
ment Yesterday
Quorum Not Present.
Judge Lclbcttcr, however did no.
aprly to the supreme court for 2
writ Of prohibition owing To he fact
that there are al the present Time
but two members Of the court here
ana that dhe law reauircs the entire
court 10 take action In such mattcrs
As there will not be q quorum OF the
ccurl brescnt until September 6
judge Iedbcwer this morning se-
cured pormi-sion from Acting Score
tary Leo Meyer and his attorney W
c. Reeves assistant 1tt)rno3 gcner
a. TO frame an amended answer IN
lieu of the answer filed by Attorney
Gene al West for Secretary Gross
and Acting Secretary Never last
week. answering the alternative writ
Of mandamus granted by judge lius-
ten nB Monday evening This an
swer sets up the issues MIR. Ledbel
ter wished f. inject into the case
Yesterday and as in the original an
NMtl UHH aNAtiNhig - ~ Nf't''.t' 81 wa
ingncgs te give the Guthrie oblectois
hearing i'm the case as matter OF
courtesy. but insisting that they had
uo legal grounds for hearing
Judge Burford and c. G. IiornOr
rcrfesenting dhe Guthrie obiect0ra.
protested against the amended ana
swer being filed. claiming That the
defendants now sought o Tie up the
record in such a manner that the
Gl hrie Cbiect0rs would have me- legal
rieht fer hearing and to get them
ont cf court
Judge Huston promptly denied the
motion t7 llmt the amended answer
and as he amended answer like the
original did mot deny the allegations
made by the petitioners to the effect
that notice of the filing Of the peii-
tions was withheld from the public
~ II the time had elapsed nor filing
objections. the court sustained the
m itrn of JUDGE BurfoId that iudg
ment he rendered on the pleadings
fad that the peremptory writ be IT,
sued
Judge Huston in rendering his de
ciaicp reviewed ne proceedings : '
I'D been taken in the case, stating
thst Acting Secretary Never ~
neither his original or amended an
ever. had denied the alterations OF
tho plaintiffs that notice of the nj
ing of the petitions had been with
held from the public and that the
ONLY thing ne had denied was thar
a conspiracy h1d been formed by
himself and Oklahoma Cily parties TO
rrrosc'y upprees the ncws ci inc
fl-ng cf the petitions. lie further
Stated that ne thought il was imma-
terill whether the objection filed by
tie Guthrie cbicctors were Med III
time or not Ho declared iha the
secretary fad omingl put mp lit
Ne 4 fcnee in he case and mt thll
rarl rf his amended answer aV'gihg
that he did not give ont the news
II the fling of the petitions because
no was never asked whether the pc
titIcng hod Eccn filed or not until
1ulv 27 was a poor defense. as II
va n9t the usual or customary why
of such impcrtnut ncwS items gei
ting into the press. and that u should
have been given Ort t'e daN ol IilIHs
f. ,be newspaper correspondents, as
II was his custom Of doing or els,
~, in with the other documents ol
roc ri fled that day. or entered upon
tho receiving record, which Is sub
tort daily to the inspection OF thC
nriiia qrl uresg representatives.
Iudge Huston also held that Inc
1,roeI,pte did not even answer The
arcrations Of the plaintiffs that the
rot,ticns we're not legally filed ans
dil net cot IN in their answer th'
evact time Of filing
"Tho main issue in this case as
500 IT," continued Judge Huston y
whether or not the petitions Were
leoarv fled ana whether nctice q
he flng was withheld from the pu'
IL nv a ccnsniracv. compact or D.
negligence Of recording, or otherwise