The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-30
REMOVAL TO
THE SUPREME COURT
GOVERNOR HASKELL SEEKS TO
END MATTER-JUDGE DUNN
WANTS IMMEDIATE ACTION.

tai removal litigation, Attorney Zen
eral West and Judge b. f. Burwell
II Oklahoma City, attorneys Tor tn2
defendant state officers. filed w'th
IN. supreme court late today . peu-
Ton tor Il wlt OF prohibition against
District Judge \. II. Huston ana
County Attorney James HepDu j OF
Guthrie. LJ-au county asking ihaI
the Logan county fliclals be proh'1tt-
ed from proceeding lurthet with lne
action begun in the district coW, ner"
10 prevent the removal OF The state
capital to Oklahoma City.
The supreme court suit is brought
by direction Of Governor II sEell, as
shown by a telegram attached to the
petition, and at once superseded the
case in the district court, where the
temporary injunctions are now stand
ing against the governor and other
state officers, forbidding them 20 take
[ STATE lCNOlNS OI " u l"h"e'N' "''-'''
business at Oklahoma city
A radical change is thus given 20
the capital removal litigation, me.
question being taken out OF the dis
trict and into the supreme court Win
out any intervening steps.
| That Governor Haskell is RESPONSE
/ ole for the sudden change in tactics
is believed. as Attorney General West
had previously signified his intention
of fighting the case out in the lower
court and has demured pending
there which would have been argued
tomorrow.
! The supreme court is also asked TO
grant temporary suspension OF the
Huston Injunction pending permanent
action on the writ Of prohibition. ana
! Chief Justice Dunn set . o'clock to-
morrow for hearing on the tempo
rary order, stating that in such an
acti.n full court mus, be present.
All of the justices are in town, but
as the case was not filed until $3.50
this afternoon most of them had gone
home for the day.
The supreme court case, which !.
entitled state of Oklahoma eX rel
Charles west, Attorney General Us
A. H. Huston, Judge, etc sets up tha
the people lf the state OF Oklahom'
: in the exercise of their political pow
! recently initiated and voted upon {
bill to locate the state capital. Tha
Governor Haskell as required by law
: had proclaimed the results of the vote
, showing that Oklahoma City had beel
5 selected as the state capital. ina
$ Judge Huston, upon the relation o
r County Attorney Hepburn, had grant
g ed temporary injunctions against th
state officers, restraining them frou
conducting the states business at OK
| lahoma City, the capital. That tn
t lower court is entirely without powc
J. to maintain such action. That tn
+ governor. secretary of state and othe
: officers are only doing what th1
= duty under the law is to do, and whq
/ it is discretional with them to do il
1 such political matters, and that Ia,
t That the county attorney has no righ
S to bring such action. and is brlngr,
such in direct opposition to the gov
= tmOr and attorney general, who ~
the proper officers 10 institute suit
in matter affecting the state generally
That the Guthrie case is not in fac
in behalf of the whole state, but Il
behalf of certain property owners il
Guthrie. The petition then recites tina
in the ordinary course of procedure
to fight the case out in the lowe
courts on its merits would requir,
: considerable time before judgmer
could be secured. and that If the cas-,
i be decided against the defendants
they would have to appeal to the su
preme court, where it its ordinari.!
some months before a decision woulv
be handed down. That in the mcrn
while the temporary injunction woilC
still overhang the case. That the cap
ital site options offered by Oklahoug
City would expire July II by their oNl
terms. That the board of equalization
is prevented from meeting at Oklaho
ma City, the STATE capital. as requ.r
ed by law, and that the tax rolls cal
not be extended by that board, Lut
that as consequence unless some
Immediate relief is granted the sub
divisions of state taxes could not he
made in the proper time, and all taxes
state. county, municipal and township
would become null and void ard
could not be collected. That the bust
, ness of the state is being irreparaoiy
damaged. embarrassed and hindered
by the temporary injunctions granted