The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-30
HEARING
ARGUMENTS
ON WRIT
ATT ORN GENERAL
WEST ASKED PROHIBI-
TIVE WRIT
Chief JUSTICE DUNN
ON DISQUALIFICATION
Citation for Writ Shows State
Affairs are Not Well Con-
Quoted From Two Points

Early settlement Of the capital To-
cation contention is foreshadowed by
proceedings In the supreme court this
afternoon. At 8 O'Clock Attorney Gen
eral West began his argument on his
petition for writ OF prohibition
against Judge A. H. Huston and Coun-
ty Attorney James Hepburn, the OBJ
jcct being to supersede the injunction
issued In district court to prevent the
removal Of state records from Guthrie
to Oklahoma City. The supreme court
has issued no order suspending the
writ Of Injunction, but district court
proceedings are stayed by common
consent.
Commenced Last Evening
A quick turn In affairs was brought
about by the application at $50
o'clock yesterday of the attorney gen
erai and B. F. Burwell for writ of
prohibition. Chief Justice Dunn inn
mediately provided. for a presenta-
tion of the matter to the supreme
court at 9 o'clock this morning The
hearing in district court on further
petitions and demurrers filed subse-
Quently to the temporary injunction
had heen set for 10 o'clock. Having
no official notice, the attorneys for
Guthrie did not attend the supreme
court session, but Frank n. Burfofd.
when the chief justice asked for the
Guthrie attorneys, said he did not ap-
pear as attorney in the case but
would assume to answer such ques-
tlons as the court might wish to ask.
The petition had been filed at $50
Wednesday evening and no offlcla'
action had been taken. Attorney Cen
eral West wished this morning to go
ahead with the case, but Chief Justice
Dunn refused to proceed, saying the
defendants should have time to all
swer. The chief justice assumed, how
ever. that there could be hearing In
the afternoon because all the attorneys
were undoubtedly familiar with all
the matters involved. Mr.. West said
he would probably be away tomo,r
row and it was agreed that he shonld
speak today and that Judge ]. Fl. Bur.
ford, who is not in the city should
have chance tomorrow. Judge Bur
we'll will remain to represent the
state officials
In District Court :
The attorneys for Guthrie-C. q
Honor and Frank Dale appeared IL
the district court. When attorneys
for the other side arrived the distr'cl
court proceedings were tacitly lei'
in statu quo. A crowd had gathered
in the court. room.
Dunn Asked Question
Chief Justice Dunn this mofnlne
brought up the subject of disquallii
cation. He said that at the outset ne
wished to clear that subject On'
Justice, he said, owns property i
Guthrie and he desired to ascertain
IL there is objection to his sitting Az
torney General West replied that n
was himself appearing In semijudl
cal capacity and that he owned prop
ertv in Guthrie. He did not consid
or himself disqualified and could se
no reasos for disqualifying the Jus
tice
The Justice referred to Is under
stood to be the, chief Justice himseil
\ There had been reports that ne woui
\he disoualified, but apparently ther
4 tn he no such effort. The ful
clurt is hearing the vital case.
VIII present All Points
Practically all the points inyoive
IN lthe case will be presented to en-
supreme court. The arguments WI
necessarily be on a wide range 'as
iue In the jurisdiction of courts owe
the governor, the political power
tho governor, the validity OF the ei
abl,np act and, possibly. the validit
~ the special election. The case, SUI
denly coming before the court,
treated as an emergency AFFAIR an
doubtless great saving of time W
be effected
Attorney General West had a
nounced his intention OF fighting U
matter out in the lower courts.
telegram from Governor Haskell. SC
ting out the urgent necessity for quiz
action on account of taxation and u
crrrent affairssof the state, was MAJ
part OF the record.
Where Il May Go
From the supreme court u Is
sumed that the case will be appeal'
to the supreme court of the Unit
states The case is an epoch-makil
rpe which willtsettle vast question
pertaining to statehood.
what Is Stated :.
The application sass out yaa !.
as to the issuance OF the distfl
o,urf injunction, the operations Of !