The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-09-15
STATE CAPITAL CASE
ARGUMENT FINISHED
ATTORNEYS FOR BOTH SIDES
CONCLUDE THEIR SPEECHES.
ASSAllS ENABLING ACT.

Guthrie, Sept. 1i.-Final presenta-
tions. so far as the courts OF Oklaho-
ma are accessible, were made to the
supreme court this afternoon in the
capital location case. The contentious
of Guthrie and Oklahoma City, based
on the standings of the enabling act
and the initiated bill for selection of
location, were submitted at o'clock.
There is nothing on which to base a
prediction of the probable time the
court will hold the matter under adj
visement or of the time of decision.
The case Is a vast one in all respects.
Judge c. b. Stuart, of McAlester,
one of the most powerful lawyers In
Oklahoma, closed for the plaintiff in
error this afternoon. The title of the
case il peculiar from the standpoint
of a layman regarding the facts,
Thomas p. Smith, secretary of state,
being the plaintiff against C. n. Has
kell. ct al, defendants in error. Orig
inal appearances on behalf of the gov
ernor were in support Of the conten-
tions assumed by Smith on behalf of
the entire state administration, teen
nically, and the governor, actually.
Judge J. H. Burford, former chief
Justice of the territory of oklahoma,
closed for Guthrie, ending his argu-
ment at o'clock. c. G. Hornor, for
Guthrie. spoke from 2 to 3. w. A. Led
better spoke for Oklahoma City from
II to -, Frank Dale for Guthrie, COM
mencing Tuesday, finished at II to-
day B. f. BurweH, of Oklahoma
opened yesterday in an argument of
two hours.
The issues have been shifted some
what from former courses. The cul-
minating argument for Guthrie was
based largely on the alleged invalid
ity of the inflated bill, under which
the governor claimed authority TO
move the capitol to Oklahoma City.
Judge Burford contended the bill was
illegal for the reason that the en-
acting clause, under the referendum
law, was missing The other side
contended this was technical omis-
sion.
Oklahoma City violently attacked
the enabling act. w. A. Ledbetter
went lengths beyond any former
s and, claiming that the enabling act
was purely temporary for the pur-
poses of incipient statehood, dying
Immediately on erection of the state
and having no possible effect after
its preliminary mission of enabling a
constitutional convention TO act.
Justices Williams and Hays ques-
toned all the attorneys, particularly
Messrs Dale and Ledbetter. The
Questions of Justice Williams were di
rected to the binding force Of an act
of congress on a sovereign state.
The crowds at the supreme court
room have not been as large as those
a. the district, federal and supreme
court hearings following removal Of
the governors office to Oklahoma City
on the purported result of the special
election of June IL.
That the initiated bill providing for
locating the capital was based on an
Illegal appropriation or attempted In
deotedness is one of the contentious
Of Guthrie. The fact that the state
is indebted in the sum OF 100000, the
constitutional limit, IS cited, with the
claim that at the time of the presenta-
ton of the bill there were no funds
available for the purposes of the bill.
The initiated bill appropriated $500,
600. but no levy was made for paying
the interest or the principal within
twenty-five years. The payments en-
tailed largely exceeded the amounts
the state mad any authority to pay.
1t is claimed that such an expendi-
nire as the one proposed in the intiat-
ed bill constitutes a public indebted
ness, which should be authorized at
general election. The attorneys say:
1T would also appear that It was
the intention OF the farmers of the
constitution to require a bill by the