The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-09

ants indicted along with Governor
Haskell in the Muskogee town-lot
cases?''
Chairman Smith ruled the question
out as unnecessary and irrelevant, be.
fore Hutchins had time to reply.
Governor Haskell stated that he
had no objection TO the question be-
ing answered, and added that Hutch
ins was not indicted jointly until May.
sometime after the $500 was paid He
stated to the committee that he de
sired the question allowed, as he
wished himself, later, to so into the
motives that prompted Representative
Maris to file the charges.
Clark replied that he also desired
TO go into the motives back of the
charges. and he and the governor
both loked grimly at each other, as
beth ready for that matter also.
Hutchins, in answer to the question
as to whether he was defendant,
along with Governor Haskell: "Yes. =
Clark: did YOU ever act as extra
help in the governors Officer
Hutchins: Il did. doing some spe-
cial work from January 10 TO Janu-
ary 49, 1909"
Clark. What was it?"
Hutchins then went into detail to
say, that while here last January,
1909 after several conferences with
various legislators and committees,
Governor Haskell had requested him
to render certain opinions relative to
the rights of suffrage, election laws,
that is, and removal of the state cap
ital, and that he had rendered
opinions on these two subjects and
had received the $500 for the same
In response to another question
from Clark. Hutchins said that the
work he did was in the opinion rem
dered the governor relative to the
election laws and removal of the
state capital
Hutchins rendered to the commit.
tee and Clark, copies of the request
from The governor for his legal
opinion, and The opinions themselves.
In reply as to why he had been
elected as attorney to render the gov.
ernor the opinions, Hutchins replied
that ii was because he was from q
town .Muskogee. not an aspirant for
The state capital, that Mr. Smith, CUB
ernatorial attorney, did not want 70
90 into the matter because he was a
resident of Guthrie. one Of the can
dldates for the state capital. and that
other attorneys of Guthrie and Okla
homa City had declined to render an
opinion, for the same reason. Il was
not an Interested party said Mr..
Hutchins.
Clark then read al length the gov
ernor's request for the opinion, and
the opinion itself.
The opinion is lengthy legal
brief on the validity Of certain pos
sible election law legislation. Mr..
Hutchins thinks that the "grandfath-
er's clause and an educational poll
tax are both constitutional, and cites
numerous decisions whose substance
is that the enabling act is binding on
The State of Oklahoma. only so much
as the state voluntarily accepts its
contents. He holds that the enabling
act was binding on the constitution
Eut that the restrictions put on Ok
lahoiua relative to the removal of the
state capital are the constitutional
provisions, and not because of act oil
congress. He holds finally that there
Is nothing to prohibit the New Jeru
salem" proposition to create dis
trict and state printing plant. q
don't think, however, that all the
lands in the proposed district could
be taken by eminent domain, but only
such lands as are necessary for the
public buildings" he concludes.
AT the conclusion of the reading o:
the opinion by Clark, Chairman Smith
said that in the future the reading o.
such long documents would be dis
pensed with. He thought it a waste
Of time, and leading to no results.
The examination of Hutchlns was
continued
Continued on Page Four)