The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-23
AWAITING
CANPBELL'S s.
DECISION
------~ gn
CAPITAL LOCATION QUEs-
TIoN ovERSHADoWS
ALL ELSE
-~ exss aaE
SPECULATION is RIFE
AS TO COURTS OPINION
N. --l- -.--.-,.. 4AN4I
May Throw OutCOyIa qebHoh
and still Take Up Question
Of Enabling Act

There was entire suspension Oh
proceedings In tho capital location
matter today on account OF the exs
pected opinion OF Judge Campbell.
who conducted this week hearing
OF unexampled interest. Not only
are all court matters stayed. but both
sides are resting on their oars In all
respect. On the streets there is hard.
" another subject OF conversation.
Speculation as to what Judge Cam.
pbell may or may not do Is plentiful,
but there are SO many questions In
v0lyed and 80 many ways In which
an action In equity W bo viewed
that q forecast Is futile. The judge
has wide latitude In such cases. a
There has, however. been an Inn
preston among people who attended
the court that Judge Campbell may
throw out the Coyle petition for In.
junction aud still take up the ques-
ti0n OF the enabling act. He heard
arguments on all tho questions COM
bIned. No attempt WAS made by the
counsel to make any restrictions. All
the attorneys argued at will on tho
constitutional phases and on the pro.
perty rights.
coyle,s Right to Bring Suit.
The right OF w. II. Coyle. to bring
suit as has been up this week Is.
In the popular conception. the first
question at issue. II was strongly
contended by the defense that he had
no such right After all, the enab-
ling act was the main point. for the
attorneys for Coyle stawed their case
on the proposition that II was by rea-
son OF the enabling act and the we'll
grounded faith IN It's force that had
caused Coyle to make heavy invest
ments here Apparently the question
Is: VIII Coyle suffer special and di-
rect damages by reason OF the abb
rogation OF the enabling act locat.
Ing the capital until 1913. or VIII he
suffer only Incidental damages. dif-
ferlng only In degree from losses pos.
slble to other citizens?
Question OF Taxes Enter.
The question Of taxes enters. Coyle
contended that he would be compell-
ed to pay added taxes by reason OF
the proposed removal Of the capital
and would therefore he damaged to
the extent OF more than $1,000. The
court refuses TO take cognlzanee Oh
figures submitted, but his object IN
so doing Is not known
II Judge Campbell should sustain
the petition for Injunction there would
remain the necessity for formal
hearing on the enabling act, argu.
ments on which have already been
: made. Should he dismiss the peti.
ton he could still consider the enab-
ling act, II is believed. The enabling
act has been questioned In this casei
It Is not improbable that Judge
} Campbell will give an opinion on TIE
} enabling act, In case he sustains the
petition. Presiding In an equity case
be may take occasion to review every
! thing brought before him, but un-
} doubtedly further proceedings in the
, circuit court will follow any finding
; on the main question.
; Temporary Injunction May Issue.
2 An affirmative decision, that Is,
sustaining the enabling act. may Gauss
the issuance of a temporary lnjunc.
tIon asked for, even II the Coyle sub
jects should not be taken under con
slderation in their entirety. they
: allege violation OF the enabling act.
In the event OF the Coyle motions
being lost Guthrio could doubtless
| find another way OF getting back in.
10 court.
Meanwhile there is pending Ia the
state court An injunction matter. the
state officers having already been en-.
4jolned BY Judge Huston from moving
the state records.