The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-07
REGARDING ALLEGED
SUPPRESSION OF PETITION
Alternative Writ is Made Re-
tuTnabIe Wednesday,
August Eleventh

Early this morning Acting Secre-
tary of State Leo Meyer, returning
from business visit to Oklahoma
City. was served with an alternative
writ of mandamus ISSUED by District
Judge Huston, directing him TO come
into court and show whether or not
he had complied with the constiIu-
ton in the filing of the initiative pc
tition filed by one Newbern OF OK
lahoma CITY. July 2l and against
which Judge Dale and other citlzens
of Guthrie had filed a protest.
Late Friday afternoon the protest
ors against the Newbern petition ap-
peared in the court Of Judge Huston,
who issued an alternative writ re-
turnabe August II at o'clock. The
writ prevents the secretary OF state
from passing upon the papers now
filed, hence Assistant Meyer viii
make his answer in court to Judge
Huston, instead Of Monday to The pc
titioners. as formerly expected.
The petition for the alternative
writ is sensational charging conspir-
acy 10 preven the objections being
filed within the five da5 limit the
orators declaring that diligent and
faithful efforts to ascertain the tlme
of filing were unayailng until after
the time limit had expired.
Secretary Cross, VINO Is ILL., aek-
nowledged service yesterday viii e
Assistant Secretary Meyer was sery-
ed with the writ when he returned on
the Santa Fe this morning.
Secretary Meyer today stated ihat
the writ orders all the papers in the
case. filing notices, etc, brought be-
fore the court, and the latters deci-
sion would be the commencement OF
legal proceeding which viii. accord
ing to the Newbern petitioners and
those from Guthrie, go to the high
est courts for final decision.
What the Papers Show.
The papers in the mandamus ac-
tion show that judge Frank Dale
represented b9 G. G. Hornor ap-
pears as ilaintiff, and are accompa-
MED by exhibit "a which is a copy
Of exception filed with Secretary of
Snte Bin Cross, and which set forth
the objections to the sullicieney oI
the petitions.
The plaintiff, in appearing before
the court, alleges that for a consider
able period of time prior TO July 2l,
1909 certain persons residing at OK.
lahoma City were desirous OF having
the constitution of said state amend
ed by adding to Article XNl of the
constitution a provision authorizing
the location of the state capital;
that being so oosiOus of having the
constitution amended as aforesaid
said persons caused to be circulated
I'm said state petition herein refer
red TO as initiative petition No, g.
being an act proposing an amendment
10 the constitution of the state as
hereinbefore set out; that after
causing said petition to be circulated
in the state said persons on the 2lsl
of .mly. 1909. caused said petition to
be taken TO The office Of the secre
tar, of state in the city OF Guthrie
ana there deposited and lodged WIN
the defendant Leo Meyer, assistant
secretary Of state.
nv the provisions Of section 5lil
of the general statutes of Oklahoma
of 1908. it Is provided that whenever
a petition OF The kind mentioned shall
he filed with the secretary ot state
he SHALL al once proceed 10 examine
into its suiliiciency. 1t is further pro
vided that II anyone desires to appear
for or against said petition the secle
tary of state shall receive testimony
and hear arguments. 1t IS turlhe
nroyided in said section that no oh
iections TO the sufiicienci Of any sucl
nattion shall be considered unless
the same shall have been made il
writing and filed within five day
after tle filing OF the peution.
Continuing it is alleged that th'
persons who circulated the petitions
filed them with the secretary Of stat
and the fact of filing was kept secre
and not known until after the eXpira
tion of five days. II is further recitei
tbat Governor Haskell was called int
the office of the secretary TO witnes
that the petition had been filed.
II is alleged that a request wa
made to keep the matter 0t the filin
secret until after the expiration O
five days and that ~ the time tn
secretary CT state was not present
ana that he has not been presen
since then being IN fact confined t
his rooms with sickness and bein
unabIe TO be al his office. and tina
the petition has never been hied q
delivered to the said Bill Cross, a