The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-05-26

The states are equal, inasmucl
as each has. by its own voluntary will
established its own government.
Decisions Are Unanimous
The state Of Minnesota VS.. Bacheld
er, | Wall, 10e, opinion by Mr.. Jus
tice Nelson:
IL is NOT important to inquire as
10 the power of congress to pass this
law independently Of any application
nom the territorial legislature. ms the
assent Of The people through their
convention, by coming into the Union
as a state, upon the terms proposed
must be regarded as binding the
state"
How applicable this case Is 10 the
loatter under consideration: the peo.
lle Of the state OF Oklahoma having
come into the Union upon the TENS
proposed. are bound by such terms.
Virginia vs. West Virginia, ii Wall
29.-Supreme court Of the United
states, is case directly in point, and
holds that provisions in the compact
between Virginia and West Virginia
are binding alike upon both states un.
III rescinded by mutual consent.
Duke Us. Catawba Navigation Co.
10 Ala. 50, from the Supreme court Of
the state of Alabama. also holds Il
the rule that a compact between a
state and the General Government
nay not be set aside at the consent Of
he state alone.
Hoggs VS. GAINESVILLE Canal & Mfg.
Co., Ohio. 40:
This portion of the ordinance of
1877 is as much obligatory upon the
state Of Ohio as our own constitu.
tlon. In truth, ii is more: for the
constitution may be altered by the
people of the state. while this can
rot be altered without the assent OF
10th the people of this state and OF
tie United States. through their rep
resentatiyes. It is an article of com.
Iact. and until We assume the prin.
cirle that the sovereign power OF the
STATE is not bound by compact, this
clause must be considered obligatory =
White VS.. Hart. 13 wall, GAG. f.om
ire syllabus.
The constitution adopted by Geor.
eia A. d. 1868, by which it was pro-
Nded that no court or officer shall
have, nor shall the General Assembly
give, jurisdiction to try. or give judg-
ment on, or enforce any debt. the con-
sideration of which was a slave, or the
lire thereof. IS to be regarded by the
couIt as voluntarily adopted by the
state named, and not as adopted un-
der any dlctation and coercion of Con
eress Congress having received and
recognized the said constitution as
the voluntary and valid offering Of the
state Of Georgia. this court is conclpd-
I'd by such action of the political de-
! artment of the government"
4 Case From Georgia
Marsh Ns. Burroughs. Wood, 6i3,
Fed. Cases. No. 9,112, from the syla-
bus
The fact that when the state OF
Georgia applied for re-admissIon to
he Union under the constitution OF
1868, congress imposed certain con-
ditions, does not make the constitu-
ton an ac, of congress, or tanta-
rount to such an act.
"A state can no mare pass a law
violating a contract by means of a
convention, than It can by means of
Q legislature. and a constitution adopt
ed by the state. with a view to its adj
mission into the Union. must be re-
corded as law of the state and
amenable to thep rohibitory clauses
OF the constitution of the United
States
Romaine VS.. state, "a Pae.. 924,
from the Supreme court of the state
Of Washington:
AN act Of congress enabling a ter
litory to become a state has no bind
ing force or the people of the te IT.
tory until they have adopted con-
stitutlon and the territory has been
admitted irto the Union: and then, II
by their constitution. the people have
expressed no dissent from any prop
osition contained in the Enabling Act,
they are bourd bv It's provisions
Brittle rs. The People, ? Nebr.. laS.
{ ON the Supreme court OF the state
O' Nebraska
I'll may be innocent vanity TO ar o.
gate to ourselves great importance
rs the people aud talk of the unwar-
rsnted interference by congress in tins
a,tempi 10 thrust upon this people
institutions and laws against their
wishes: hut we should not forget
mat the very territory we are on was
purchased and owned by the people
Of the United States: that they have
directed cong ess, under the constitu-
Ton, to make all neediul rules and
regulations respecting the territory;
that. as long as we were on this terri
tory, we were subject TO. and had TO
fhide by such laws as they chose 20
make; and that not until we were
strong enough to defeat the United
states by arms could We hope for any
change from such territorial rule
without The permission of congress.
How Is such change 10 be affected
Some one or somebody. assuming to
act for the people. may make con
sitution. and may elect officers for
.he proposed state. Congress may re-
fuse 10 recognize such state govern
ment. II therefore amounts To naught
The people may assemble as often as
Trey see proper. and may make. from
time 10 time. a scO'e of proposed con-
solutions, and elect as many sets OF
u'fice-s. Each is as good as tue otn-
pr. and all are good for nothing un'