The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-28


considered ln tne abstract. Il
mUst be admitted thai such qaes-
tim Il a political ancst.on, but
when X appears that such chang
y pdslocniiOn Involves the expendi-
/ g1ira x.f a large sum OF public
moneN which would otherwise be
\ Unnecessary. no good reason II
apparent Why the renloya) saereua
/, may not be eriolned Ia case the
election wns void Numc Gus
iri8tances have been presented
wherein Tie right Of taxpayer
10 cnjoln the Illegal expenditure
Ut public moneys and the uniaW-
Ynl lcyyilg Or d tax has been slNs-
NAMED. ana There Is no good rea
Kcn why such 4 SUIT will not lie
lii Iall such cases. regardless OF
I. tho use TO which the money Is 10
bcdevoted. and although ;ae val
jdity of All election to determine
the relocation OF a county seat ~
involved.
This was followed and approved i
krieschel y. County Commissioners
IL Mich. 426.
IN Eife V. Smith, , Ia. $40, it !
SAID
objection made 10 the com
potency Of tie rorsplainants 10
i present this bill In the State,
OK rel, Rice Y. Smith, County
Jud1e Of Marshall county ID, 1876.
we held that complaiaants who
!, are. and are avesrea TO se, citi-
1 xenh. voters and property holders
and saxpayers. had such an ir-
terest and, held such relations that
they might file an Information for
u writ OF mandamus to the county
Judge to enforce a public duty
Iii which they and other citizens
had All interest: and the same.
reason holds good fer their being
permitted to pray an injunction
TO prevent the doing sople act
detrimental 20 their into csi ard
those of other ciizms el the
county, No re;pcH Is perceived
why thcy should not be permitted
TO slsstnin such 4 bil! either Tor
themselves III for them and al
other Ii llkr mannev Interested.
These petitioner represent them
selves as citizens, voters, y opefty
)loldefs and tax pa. ers IN the
county. and il orc Of the .owns
affected by these proceedings, 50
il,d, MS ciiizens of the county
.il,s :Iie interested Ia the question
0f eSpsnding twentyslx thpus-
and d0llurs and more in building
a court house; and In the pace
where It shall be built. as citizens
ana property holders in one o.
these towns.
n Besides. this there Is no officer
uron whom It devolyes TO en-
1oscc the performance Of duty
upon The county iuuge, or TO re-
strain him il he is about TO do an
act at the same time Illegal and
detrimental to Il rights and in
serests OF the p,alic and If indi-
! >isinals. II he should undertake
build court house az a pace
\ Nief is not the county seat
there il no Sfficer whose duty
1t Is 10 cause him to be restrained
whilst the right 10 do il wouN
neeAi to belong 10 many.
fhe petition is addressed to
The Hon. ]. r., Judge Of the Elev-
! cuth judicial District .cf the state
and was filed in the office OF
the clerk of the district coust ia
Marshall county This IS suffi-
cieht III form IS q bill in equity
IN that couil.
The authority OF the county
judge - provide the public builu-
sIngs. is not questioned IN the Dill,
but vas authority to place q court
house in town which is alleged
not to be the county scat. This
Is the gist of the bill
We think the conplainants
sl,ow enough 10 SUSTAIN their bill
! for an injunction For this we
need not determine. at rrcscnt,
which of the Two canyasses of the
returns OF the April election, is
author itatiye.
II Is sufficient that the bill
shoHs that the location Of the
county seat is in controversy,
and the proceedings, in reference
TO ii. and the state of the qles.
fion. are SET forth so far as TO
show that it Is manifestly inn
proper for the Judge, in the pres
Ell posiuon OF Inc matter, To cx-
uan3 more than thirty i.fOnHand
dollars in the erection of pub
Tic building which must be at
the county seat; and especially
when it appea: S TO the court, mat
when its mandates shall DC obey
Cd. Marshall win be declared the
county scat.
IN Sweat \. Fayille. 20 ~ s2i y
case of Rice '. Smith, SUPRA VI
followed aud approved
III People. Is rel. AIiicilcsi, Y, w;
field. ~ III l5s. il il said.
Tjie sase before as shows that
a lsli IN equity was flied IN due
form. aud b. proper parties, IN
lie. rasciiit court Of Saline foun-
Is. fof the purp0xe Of settiag
tllis vary question. which IS oow
i.,.ngjnS ard undetermined, and
in xlljeli tempo airy Injunction
Kau3 been issued, restraining the
present defendant from Keeping
Ills office 1T Harrisburg, TO which
Il i insisted By the srelatcr, that
he cqAtltys seat of Saline count
was removed al The election re.