The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-05
ARGUMENT CLOSES
IN CAPITAL DISPUTE
Attorney Insists That Location
Is Not For the Courts
i0 TO Settle

Oral argument In tho capital loca-
tlon case was concluded In the su.
preme court at noon today. The at
torneys on each side are to file briefs
not later than Thursday.
Judge b. f. Burwell. for Oklahoma
City, made the closing speech, taking
two hours. He was asked many dues.
tlons by the justices and at times he
lost track Of authorities. However,
he made an able and finished address
The main questions the court IL
considering are the authority of Coun.
ty Attorney Hepburn to bring the In
junction proceeding which give rise
to the present application for writ
OF prohibition; the jurisdiction of the
district court over the governor, and
the further question OF the right OF
any court to take part in the capital
matter. and whether this Is D political
question.
Says Governor is Supreme.
The trend OF Judge Burwell's argu-
ment was that the governor In his
department Is supreme and that the
capital location affair, being a politl-
cal question, IL not one which the
courts can settle. The attorney was
several times reminded by the justic.
es that there must be a remedy some
where in case wrong has been done
and that the governor is not above
the law. Justice Hayes, who wrote
the noted opinion In the Threadgil-
Cross case, defining the powers OF
the several branches OF government
asked many questions.
Justice Kane said that no one pow
or had control In the capital matter.
The supreme court must sit at the
place nj government and the Justices
are OF opinion that the capital Is here.
while Governor Haskell says IL Is at
Oklahoma City. II. he said, tho gov.
ernor has the power to establish a
capital the state Is In danger OF hay.
Ing two capitals. He asked the at.
torney II 1t would not. under the Bur-
well theory, be possible for the gov.
ernor to force the supreme court to
move.
Questions Rattle Attorney.
The relative power and authority
OF state officers other than the gov
ernor was touched In a colloquy he
tween the court and counsel. Justice
Williams said there Ii a division OF
through the executive
and ministerial offices The question
of whether or not In this instance the
governor Is acting politically or min.
isterially was touched ON at several
times. The mandamus cases against
Secretary Cross were instanced by
some OF the justices as showing that
the ministerial officers are not 81.
preme; the court had compelled them
TO take certain actions.
"Are the governor and these other
officers immune from the law?"
asked Justice Williams.
Judge BirwelI contended that when
the executive and legislative depart
ments fixed the capital IL was not sub.
ject to removal by the courts. II is
an executive and legislative function.
A line of decisions were recalled to
show that the courts do not interfere
with it's Legislative affairs.
Remedy Is impeachment, Says Bur
we'll.
III Governor Haskell Is wrong in
his action the remedy Hes In impeach-
neEt,' said Judge Burwell "fhe
constitution provides the rer edy In
case there Is a WRONG
The interest In the great capital 10
cation case. already heard In district
and federal courts, continues TO be
intense. Every session of court has
been largely attended and apparently
no argument has been heavy or prosy
enough to tire the faithful auditors
Guthrie closed Its arguments Satur-
day, an hour ahead OF schedule time.