The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-21

This Is the second day of argument
before Judge Ralph Campbell. Two
propositions are considered together.
FIRST, a motion to dismiss the W. II
Coyle petition for Injunction on the
ground that jurisdiction is lacking
over, the governor and that this is q
si.it against the state; and, second
that the pretended removal of the
capital from Guthrie to Oklahoma
City is in direct violation of the Ell
aDling act. The court has so far
given no indication indicating the
rtnd Of the decision This is uuth
rie's day In argument, the opposite =
having opened the discussion. Tl
sreater part of the day was taken
By Frank Dale, j. H Burford and G
G. Horner, all OF whom directed ,hl
greater part of their attention to .le
contract feature Of the enabling act
as between the people of Oklahoma
and the congress OF the United States
Attorney General West and others
representing the reputation view will
conclude the argubents, beginning
late this afternoon.
Positions Of Respective sides
The positions Of the sides may be
stated at this time to be:
Claims on behalf of state officials
That location of capital is a pollii
cal matter for the state, hence not
subject to coercion from any o,h"r
source: that the governor to large
extent determines the location OF the
capital by his habitual place of do
lug public business; that enabljns
arts are temporary, for the purpose
q assisting territories to statehood
tnd not for governing them after
s'atehood; that all stSHs are adnit
ted on equal terms that the enabling
act has been complied with.
Claims on behalf of petitioner: That
acceptance of the enabling act forms
binding agreement on the part Ct
both sides, and that it was adopted
by ordinance irrevOcable, hence mol
subject to caprice or repeal; that the
contention of the other side that OF
lchoma was forced to agree to tnf
clause is not a permissible plea; tna'
the governor or any other official !:
subject to the law OF the land and
that the fedetal statutes in tleii
scope are supreme; that the intention
OF congress was that the capita
should remain at Guthrie until 1915
that there is no precedent wnatosel
for reputation Of an enabling act
that the state loses none OF its sov
erignty by living up to a sacred agree
rent.
Further Argument To Be heard
Several arguments are yet TO o.
made. The citations are formidaDl'
and the attorneys are finding o.hAr'
as the hearing progresses. Little dis
< usion has appeared In the hearins
although every attorney is extreniel'
y,sjIant and full OF interest in nj
case Judge Campbell constantl'
shows disposition TO get at the cot
,tmA of the matter and all his qlei
t,ena are suggestions are directed e
ward discussion Of the main Issue
This is an equity case, and is really Z
hearing at chambers, rather tnan
formal session OF court. For ina
reason there is considerable moro. i
formality than usual to such lars,l
attended hearings.
Most conspicuous Of all features u
oisent 10 the heating is the proforn.
ehiding interest Of the people IN
Tearing Is devoid OF sensational caal
acteristics, except so far as vast pc'
he interests appear and lacks opp
tunity for any sort Of diversion. TIL
great array Of authorities. almo,
meaningless to the average aud''o
and the subtle reasonings OF 70
leavy decisions are not gene all
such as to attract. but In this cas-
ali precedents fail. Probably no fe'
cal court session in Oklahoma !
another state has been attended VII
such devoted regularity.
Interest 10 Unabsted !.
From the time originally set Tor U
Gearing, Monday at a. m, there d
hten 4 crowd at the court room a.
about the building. Hall the aua'
oss AT least have hsel women TIN
are ir their seats an hour or more .
fore each session and they remain