The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-04

noting honest government, but ha,
\ its birth and inspiration in desir,
to cripple, hinder and destroy homes
government. Respectfully submitted,
G. N. HASKELL, Governor.
Why District Judge Is Not Appointed
To the Honorable House of Repre-
sentatives, State of Oklahoma:
I ! just have before me the following
House Resolution No 3, by Cook:
Whereas, the Second state legis
lature Of the state OF Oklahoma enact
ed law prescribing, That hereafter
until otherwise provided by law
there shall be two judges of the dis
trict court in and for the Third Ju
dicial district; and that the additional
judge hereby created shall be ap
pointed by the governor, and
Whereas, it Is prescribed by said
law, That an emergency is hereby de
clared by reason whereof it is nee
essary for the immediate preserya
ton of the public peace and safety
that this act take effect from and af
ter its passage and approval and
Whereas, said act was approved
by the governor on the 10Th day OF
March, 1909; and
"Wheras, the governor has failed
and refused to appoint said additional
judge for period of more than ten
months; now, therefore, be 1t
ikesolyed by the house of represen
tatVes. ihat his excellency, G. N
Haskell, governor of the state Of Okla
homa, be and is hereby requested to
inform this house of representatives
why he has failed and refused to obey
the provisions of said law
"BIEN. f. WILSON,
Speaker of House of Representative,
adopted February 2, 1910"
In response to the above resolution
beg to advise you that have not yet
selected man to fill the position oi
district Judge Of the Third district
and that It may require sometime yet
before am able to decide upon q
person that I feel satisfied should be
appointed to The place.
propounded in the resolution.
might futtber present some views up
on this law and its provisions.
Am | right in my understanding
that this law is directory and not man
datory? The word "shall'' as used in
this act, as | construe it, desgnates
where the appointing power lies, and
,, 4 Of ,p nff m hon
the power to appoint shall be exer
cised. The law itself does not say
when the appointment shall be made
and the fact that the emergency
clause is on the law simply creates
an earlier permission, but does not
as ! const,ue the law, indicate that
the legislature had in mind at the
time that this additional Judge should
be appointed until the governor had
had ample time TO make a selection
in which he had confidence.
There are additional questions thai
! might submit here for the consid
GRAFTON of your honorable body.
Every office, as soon as .ac ap
pointment Is made, carries with ii l
salary, and usually some incidental
expenses, helpers, etc, every doilai
OF which is an added burden to the
taxpayers of the state or community
and should not be imposed in any cas-,
except where the service OF such new
officer is indispensable to the publ,
good
| have the pleasure of neighborl1
association with the distinguished al
thor of this resolution,--a man IL
whose high sense of propriety | have
the greatest confidence, and methinki
I recall that in his opinion the part.
in power in this state has far too
many officers upon the pay roll. A
least, If | mistake as to his opinion
upon that subject. | have certainl,
\ heard that criticism from others whit
1--we not the banner under which on
state Is peacefully sailing; and in pur
suance of inquiry made desirable b.
this criticism of too many public OF
ficers. | am pleased to advise yol
that although the state Of 0klahom
has only slightly more than one-hal
as, many officers on its pay roll as ha
our sister state TO the north, yet
is our duty to ,preserve that recor
Of economy, and never TO add an az
ditional officer unless investigation
discloses the necessity therefor.
Just a few days before | approve
the law authorizing this additions
jrdgship, had approved another la
creating superior courts in certai
counties, which on comparison foun
} included Muskogee county, the pril
cipal county Of this judicial distsic
AT the same time | ascertained tbes
, facts, this bill now In question, adj
ing second district Judge TO II
Muskogee district. came before n
Z for approval. and with 1t came Sc
/ eral OF the prominent lawyers of Mu
} lSogee urging me 10 approve this bi
notwithstanding provision had iu
: then been made for a superior cou
) with jurisdiction concurrent with Il
= district court.
5 expressed the belief to these 10