The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-07-11
GOV, HASKELL WILL
REMOVE THE CAPITAL
If COURT RULES ADVERSELY
SPECIAL SESSION OF LEGlsLA'
TURE WILL BE CALLED.

Guthrie. Okla, July lO-'Should
Govern r c. y. Haskell fail to win his
fight in the state courts to secure
the immediate removal OF he state
departments from Guthrie TO Okla
homa City. he may according TO re-
liable information. call a special ses-
sion OF the legislature as a means
of carrying out his capital removal
pr gram.
The great legal battle now being
waged in the state courts involves the
question Of whether the goyerno. as
such is supreme as head OF ths eX-
ecutiye department of state s3'e:n-
ment above the power Of the courts.
The governors attorneys contend mat
the vernon cannot be enjoincd by
the courts when engaged in the per.
Torrance Of his official functions,
even though he exceeds his ad-hor-
ity. and that the only remedy before
the people is impeachment.
The Guthrie attorneys hold tc The
theory that no man in free govern
ment is above the courts and that the
claim set up by the g-yernor's attor'
neys is a serious infringement upon
the power OF the judiciary.
If the governor decides to invoke
the legislative department Of the
state and should succeed in getting
a resolution through the legislature
confirming his action in removing 20
Oklahoma City and attempting 20 take
the capital with him with an iniunc-
tion pending AGAINST such removal,
the chief executive would succeed in
arraying the legislative and executive
branches OF the state government
against the judicial. which would ere
ate an ebarrassing and almost un-
precedented situation.
1t is suggested by attorneys that
IL the state courts can find no Law
at present which would justify the as
sumption that the executive officers
alone can determine where the capt
tai Of the state is free from p ssh
bility of restraint by the courts. the
governor, through his legisla tie
could make such a law which wOL.i
strip the courts Of all jurisdiction over
the present capital removal coaJro-
versy so far as their power TO re-
strain the governor or other state
officer from removing their offices
and records is concerned
II has been suggested by a well
/ known attorney that in case the state
supreme court should refuse to graui
/ the writ of prohibition thereby send
| ing the case back to the state courts
| the governor could order the state
officials to remove to Oklahoma c. y
Notwithstanding the district court Ia.
| junction, and in case they shouI be
| fined or imprisoned for contemp. of
/ court, he could pardon them. thus
accomplishing his purpose. Sucn a
| course, however, would be unlikely
/ for two reasons: State officers would
/ probably refuse to disregard a court
| injunction, and II they did it would
put them in the attitude of showlne
| disrespect for the courts bringing
about a direct clash between the
/ judicial and executive departments OF
state and producing a bad moral ef
/ feet.
/ ~~~~~0~~~~~0~~~0~~~o~~~
of our own financial affairs that must
eventually prove of vast benefit
/ Ii has long been apparent to those
who have been familiar with such "a.
/ fairs that certain interests which have
/ been restricted to legitimate opera
/ tions in this state have lef, no stone
untuned 20 embarrass the state in its
financial affairs, which fact is the
/ best testimony to the effect that the
business of the state is being con
Quoted in the interests of the people.
Whenever the friendship and favor
of such interests are secured it is a.
sreat cost to the people in the grant.
ing of special privileges at high
price which the people ultimately
nave to pay
/ These public building warrants. be
ing an attractive iuveS.ment and
well secured, should find ready sale
| in the state, and there should be no
hesitancy in taking this step toward
/ independence.
COMMERCIAL NOTES.