Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-07-07
MAY GET OKLAHOMA
DECISION MONDAY
Attorneys May Fill Briefs Until
Thursday
GOV. HASKELL'S CONTENTION
His Attorney Told Supreme Court
That Governor Was Superior to
Courts In Interpreting Laws
For Himself.

Guthrie, Ok, July CATER Judge B.
F. Burwell of Oklahoma City had
presented a lengthy argument to the
supreme court in closing the capital
removal case, to the effect that under
the distribution of powers the gov
ernor had the same right to interpret
the law for himself that the courts
had and could not be interfered with
by them, the court adjourned until
next Monday. 1t is expected that an
effort will be made to hand down a
decision in the case at that time.
Each side was given until tonight to
file its main briefs and until Thursday
night for reply by briefs.
Judge Burwell' view Of the respec-
tive powers of the governor and the
courts did not seem to take well with
the supreme court, indicating a
strong disposition to maintain its own
dignity and authority. They gave con-
siderable ground for the belief that
the writ Of prohibition will be de-
MED. Judge Burwell was the only at
torney heard.
Even II the act Is wrongful one"
declared Mr. Burwell, "this court has
no power to interfere. The judiciary
has no authority to invade the dis
cretionary power or political power OF
the executive department, the courts
cannot interfere with injunction or
mandamus unless the case involves
personal or property rights"
After he had cited cases from a
number Of states bearing on the sup
posed immunity of the governor from
the control Of the courts, Justice
Hayes asked If, In his opinion, the
governor was supreme in the ! n
depreciation of law,
HE is supreme in the Interpretation
OF the law as to all political duties
pertaining to his Office" replied Bur
we'll
Justice Kane then suggested that
the supreme court must sit at the seat
of government.
1.-THE governor says that it is a Ok
lahoma City," he said. Suppose we
decide to sit here, what effect would
that have?"
you could hold your session here
or anywhere else you saw fit" replied
Mr.. Burwell There would be no one
to prevent it."
Justice Hayes referred to the fact
hat the court already had manda-
nussed the secretary Of state on
political question in the Taylor cleo
ion law case. Burwell replied that
was a question Of personal right, in
1olving the right of the signers of the
referendum petition to secure vote
IN the act
what is the difffference?" asked
Justice Hayes, between the right to
rote on a measure and the right to
lave official business done at the state
,apital?"
Burwell explained that all political
Icts affected person Of property to
ONE degree, but that when all per-
ons were affected alike that feature 1
vas not to be considered.
Then l understand you to con-
end" said Justice Williams, that 1t
you'd have been possible to force
ote on the location Of the capital, but
hat after the vote is taken neither 4
n individual nor the state can force c
he location" .
THAT absolutely is correct" replied
'urwell, who went on to say that each '
apartment of government must in a
srpret the law for itself. Justice Il
.ane then inquired whether under the 8
arious oflcers part Of the executive n
apartment the labor commissioner
light decide that the capital was at Il
l Reno, the corporation commission c.
! Shawnee, and so on. p