The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-22

lit has power to define the county lines
and locate the courty seats.
"Once the power of congress is con-
ceded, there is no limit. 1t may then
take possession of affairs, set the elec-
tions, prescribe the offices, and do
anything else. If congress controls
the state by ordinance irrevocable
there can never be a case in which
it will be impossible to take into fed
eral courts any action said to involve
over $4,000. 1t would destroy local
government"
VAS to the Moral Question.
AS to the moral question at issue
Judge Burwell said: This law is
void because it is against the general
policy of the government. No other
state has ever been thus limited. II
this be binding force Oklahoma is
not equal to the other states. 1t Is
like contract in which a man agrees
not to vote for certain period of
years-void because he has not right
to do SO; it is against the public
policy. No man has a right to make a
contract that he will not be a candi-
date for office Tho federal govern
ment has no power to interfere with
the local affairs of state.
What possible benefit can possibly
flow to the United States government
by reason of the so-called contract
with the state? 1t merely affects the
lstate. Where there can be no benefits
from contract, violation OF the con-
tract Is not damage If such a party
to a contract has no direct interest ii
cannot complain in court; it has no
standing, no profits, no fruits. This
contract was either with the territory
or the state. The constitutional con-
vention contracted for the future state.
| II so ii must stand on the same foot
ling as contract with full-fledged
state.
THE government could not make
contract with a future state that it
could not make with a state already
admitted Can it contract with Kansas
or Texas for the location OF capital
at some given point for term of
year? A state cannot contract away
it's police or political powers
The Immediate Issue.
Turning to the immediate issue,
Judge Burwell said:
Mr. Coyle has no standing In this
case. He is not interested In the
government of the United States. Is
he the only one interested In enforcing
laws for the United States? The con.
tention does not show that he is en-.
titled to any affirmative relief. He
claims damage of $4,000 by reason
of increased taxation. He cannot re
cover taxes that might be levied. But
he must show to this court that the
taxes to accrue between this time and
1913 would exceed $4,000 Such show.
ling has not been made.
+ Recurring to sources of power the
attorney said that neither the consti.
ltutional convention nor the legislature
have any power to irrevocably bind the
state. The people of the state cannot
be enjoined from moving the capital.
4 Cases on county seats and capitals are
Iplenty and nowhere does 1t appear that
persons have acquired vested rights In
them. The power of location is neces-
sary to be reserved at all times TO the
state or county involved.
Court Asks a Question.
Judge Campbell here broke in with
"a question to this effect:
Suppose this is a contract between
the United States and the state, such
as between men, with all the people
standing by. There was proposition
by enabling act. Is that, though It be
between soyereignties, subject to the
desires of third party to take ad
vantage?
NO" was counsels answer. Judge
Burwell then commenced reading au
thorities and for an hour and hall
! he cited cases namely to show that
, parties incidentally affected have ne
!. standing In court.
: "Coyle Is not in position to take ad
5 vantage by default of the state" HI
4 said. If there be a contract between
/ the Nation and the state, OF which h,
1 lis subject, he is not in position 70
redress. He is merely subsidiary L
Q the state.
I III the government, the only othe
d party affected, chooses to stand by an,
e see abandonment of the contract, cal
+ a subject citizen OF the state take th'
l. place OF the government? Are Coyle'
a rights equal to those OF the Govern
It ment? BY its silence 1t fails to con
e plain aud thus si,clces the mouth Q
every other possible complainant. TIL
|. United States is not opposing thi
s breach OF contract. but. silent In az
II quiescence. II agrees. Removal OF tn
d capital Is by Legislative consent.
le the public bound 10 repair incidents