The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-26
FEDERAL INTERVENTION WILL
BE SOUGHT TO PERVENT RE
MOVAL OF STATE CAPITAL.
FIGHT IS GROWING BITTER
And Guthrie is Apparently Willing
TO Go to Any Extreme to Retain
the Seat of Government Until 1918
-Burford to Washington.

cure federal interpositiOn in the cap
| ital removal fight in Oklahoma will
be made by Guthrie attorneys if
! Attorney General Wickersham does
| tempting to enforce the terms OF
the enabling act, which makes Guth-
rie the location of the capital of
| the state until 1913. Judge j. II.
Burford left today for Washington
Immediately following the decision
of Judge Campbell throwing the
Guthrie application for temporary
injunction against removal out of
the federal court on jurisdictional
grounds. He will enlist the assist.
ance of Congressman Bird S. Nc
Guire in trying to induce the attor-
ney general of the United States to
instruct United States District AT.
torney John Embry of Oklahoma to
bring suit in behalf of the United
States in the federal court to en-
force compliance with the terms of
the enabling act. 1t is understood Nc
Guire has consented to lend what
aid he can in this direction.
The sudden transference of the
scene of activity to Washington in
the capital location fight has re-
suited from the failure of Guthrie to
secure relief in the federal court
upon the relation OF one Cf her
citizens and the holding of Judge
, Campbell in his decision yesterday
that as long as the federal govern
ment, which is one of the parties
to the 1913 clause, compact or
agreement with Oklahoma, acquesces
in the violation of the contract. no
third person not one of the original
contracting parties can maintain an
action in the federal court to EN-.
join an alleged violation of the
enabling act.
United States Attorney Embry has
, declined to bring a suit in the name
Of the United States in so important
matter except at the direction of
Attorney General Wickersham. The
latter indicated some time ago in
letter to a Guthrie citizen that
f the federal government would not
intervene at that time, but suggest
, ed that local parties interested
4 should exhaust their resources in the
, courts before appealing to the fed
eral government. If Attorney Gen.
eral Wickersham should still refuse
TO take any action in the matter
] Guthrie attorneys will ask President
Taft to direct him to order tha;
t such suit be brought
, Many Guthrie citizens have sen.
, kilograms to the president ard 70
. Attorney General Wickersham urging
, such acticn, while kilograms have
( also been sent from Oklahoma City
asking that the federal government
, remain inactive pending a decision
of the validity of the removal OF
the capital by the state courts.
Guthrie people are encouraged to
some extent to believe that Presi-
dent Taft will take a hand in the
game, if necessary, by reason Of
the fact that he made a speech in
Oklahoma City before the election
on the Oklahoma constitution, in
which he strongly condemned many
o. the provisions of that document
, and advised the people Of the state
to reject it at the polls The recent
capital removal election which Guth'
rie claims was in violation of the
enabling act. was held under the
iniative as provided in the Oklahoma
constitution. notwithstanding the ex-
press provision in the enabling ac'
that the capital election he provided
for after 1918 by an act of the leg
islature OF the state.
: There were no new developments
today in the litigation started in
the state courts by Guthrie to re-
strain the removal. but this litigation
will be pushed by Guthrie attor
neys independently Of the attempt
TO secure federal intervention. Mean
while all the state officers are main
b tanning their departments at Guth.
rie with the exception OF Governor
! Haskell and Secretary Of State
Cross. the latter conducting official
business al both places.
Lots of pe~ople expect applause ev-