The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-08-02
STATE WILL APPEAL CAPITAL DECISION
STUART Of NJ M'ALESTER LEADS BATTLE

1T matters not what flying rumors
may convey or what the good but mis-
taken people of Guthrie may declare.
you can announce for me to the voters
Of oklahoma, who by the overwhelm-
ing decision of their suffrage, have
said that the capital of this state shat;
be in Oklahoma City that it will re-
main where they have placed It " Such
was the emphatic declaration Of Judge
/ c b. Stuart of McAlester, judge OF
the eastern territorial judicial district,
under the Cleveland administration
/ aLC recognized as on" Of the most
lc,Jned lawyers and srrale5J 1uris Is
D., lin the sta;
ludg Stuart, who has been re-
tanned to fight the capital battle in
! the courts in behalf Of the gOyernor
aud the people arrived in Oklahoma
/ city Friday After a long consultation
/ with Governor Haskell and prominent
( business men of the state, he announc-
ed tina. it was probable that demand
would be made for a rehearing before
the supreme court.
lie declared that the capital would
remain in Oklahoma City, that the gov
ernGr and all the other state officials
would have their headquarters here,
and the business OF the state would De
wholly transacted here, in conformity
with the result of the election when
the question was submitted to the peo-
PIE for decision.
When told that Judge Huston had
announced tha. he would take no ac-
tion against the state Officials who
were violating the injunction by re-
naming in Oklahoma City, Judge
Stuart expressed no surprise. 1T is
the only plausible attitude the court
could assume" declared the jurist.
"The court of this state which by jul
dicia! decision has declared the Off
cial acts of the chief executive to be
valid and not subject to the restrain
/ ing power of the state judiciary, would
be placing itself in a ridiculous posi-
tion If it sought to question the right
of the governor to remain in Oklaho-
ma City and to authorize his subordl-
mates to come here"
Regarding the capital situation and
| the purpose of the administration
Judge Stuart had the following to
/ say:
The capital of Oklahoma was legal
" changed and the governor and OF
officials we're entirely within their
rights when they acted upon the eN.
pressed will of the sovereign people.
| no officials will return to Guthrie and
no attention will be paid to the claims
of the dissruntled people Of that town.
"While the recent rulings Of the
court did not decide the great ques-
/ tion at issue, they upheld in every
particular the contentious of Governor
/ Haskell and recognized his supremacy
/ as the chief executive officer of the
state
/ 1T is probable that rehearing OF
/ the case before the supreme court in
the near future will be asked ror Ulr.
plans are not sufficiently matured for
publication. but an attempt will be
made to secure a decision on the legal
status of the removal question at the
earliest possible moment.
1T is the desire of the governor that
the matter be put at rest as soon as
possible for the present unceTahn
state of affairs is detrimental to the
best interests of the state in every
| way Business men are asking that an
/ immediate solution be forthcoming
since despite the fact that the capital
is located and permanently located
by law and there Is no possibility or =
removal to Guthrie, wrong impress
sion is likely to go abroad and injure
us in other states If the matter Is
not speedily set at rest
| Judge Stuart made public Cor the
/ first time Thursday an interesting con
versation with Ex-senator Joseph Colt
I Spooner OF Wisconsin, which throws
some light on the outcome of the pres
ent capital controversy. A few weeks
ago Senator Spooner, who is univer-
sally recognized as the greatest legal
authority in the United States TO-DAY.
was discussing his long service as a
republican senator with a coterie of
4 friends in the lobby OF the Willard
hotel in Washington.
Looking back upon my career in
the United States senate said Nj.
Spooner. Il recall but few decisions