The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-31


secretary and draw salary for the
same, without violating either the
spirit or the letter OF the law, and
heartily approve this opinion. The
constitution prevents a legislator ac-
cepting any public Office created dur
ing his term OF office, to express the
matter simply, but the governors pri-
vate secretaryship does not come
within the definition OF public Of
fee He is, in reality, merely scribe
to The governor. There Is no more
wrong in Representative Anthony
holding the place and drawing sal
airy, in the interim between legisla-
lures, than there would be wrong fol
him to practice law, cultivate cotton
or go out of the state.
Now as to the charge. that the
governor paid w. T. Hutchins OF
Muskogee $500 out of the fund fol
county seat, county and city of the
first class elections. and that Mr.
Hutchins never did any legal work In
connection with these elections, the
Republican accusers again proved
themselves poor lawyers and very
superficial in their examinations
The appropriation is not for such
election purposes only, but is as fol
lows For extra help in the COVER
nor's office, including county seat
elections, etc" The Republicans
overlooked the general purpose OF ths
appropriation, and saw only The ex
ception
The Payments to Lawier.
The Republicans for the fifth time
prove themselves very hasty and er
roneous in their conclusions, in the
charge that G. A.. Lawlor, Oklahoma
City detective, was wrongfully paid
$1,000. or thereabouts, out of the fund
for investigating committees, dele
gates to conventions, etc. The Re
publicans say that Lawler is a de
tectlve and never was delegate
which may be true, don't know.
do know, however that he may have
done detective work solely, and yet
the governor kept absolutely within
the limit of the intention of the ap
preparation, for the appropriation
reads, for investigating committees
expenses of delegates to national
conventions, etc, and other emer
gency cases. Notice that, "and 70!
other emergency cases. The Re
pubicans overlooked that. jumped 10
n conclusion that G detective could
NOT be hired out of the fund. and
sworn charges of "misappropriation
an error very easily detected and
evidencing either very small knowl
edge of the laws creating the various
funds, or a plain intention OF mislaad
ing.
The Republicans further charge
that Lpwler was paid about $4,000
from another fund, that John w.
; Flenner is drawing $100 per month as
statistical clerk and that he does nc
sucn work; that Judge Jean p Day
OF Poteau was wrongfully paid $3Ot
from the governors extra Office as
sistance fund and that o. T. Smith
the gubernatoi ial attorney, drew
$3.50 per month for several months
and drew $3.50 advance expenses al
''AN tihiS- fpSy obbihlls llO pfUVl ina
Lawler was not working on old ter
ritorial frauds committed by Repub
licans, submit no proof that Mr.. Flen
ner is not earning his 800 pe'
month. and certainly make a grave
mistake in denomnating as 'misap
preparation the $500 paid Judge Day
out OF the governors office expense
fund, for prosecuting the sheriff il
choetaw county and removing hin
from office, and for legal work II
connection with offenses against th,
bank guaranty law.
The Governors Authority.
The constitution OF Oklahoma pro
vides. Section 5, Article 6, that 9TH,
governor shall cause the laws of tn,
state 10 be faithfully executed y !
and shall be conseryator of tb,
peace throughout the state"
Should the governor be cloihe,
win such grave responsibility an,
all means of assuming the same b,
taken from him? think not. TIL,
laws of no state so assume. II In,
governor chose to. "in an emergenc
| case engage Mr.. Hutchins of Mus
kogee for some delicate legal work
such for instance. Of adjusting som
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