The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-07-28

Guthrie, Okla, July 2s. - A dog
fall'' is the decision of the Oklahoma
supreme court in the state capital
case.
In an opinion by Justice Robert l..
Williams, the court, with Justice Tur-
ner alone dissenting, denied as to all
state officers, except the governor
the writ of prohibition preventing the
district court of Logan county from
exercising jurisdiction over the CAPT
tai removal case and dissolving the
pending injunctions.
The court holds that the district
courts of Oklahoma have no juris-
diction to control the action of the
governor even in his ministerial acts.
However, the court holds that other
state officers are subject to the pro-
cess of the district courts, as is the
subject matter of the proceedings.
The effect OF the decision is to per-
NIT Governor Haskell to retain his
office in Oklahoma City, the other
state officers, as well as the records
and books of state, to remain in Guth-
Irie, until a determination Of the
merits Of the entire case is given by
process Of appeal from the lower
lcourts.
Attorney General West has brought
the case into the supreme court at the
direction of Governor Haskell, asking
a writ of prohibition taking the case
out of the hands of the district court
of Logan county, which, on the nigh
lof June IL, issued an injunction against
the removal of the state records from
Guthrie by Governor Haskell and thu
lother state officers. Arguments OF
1.-THE attorney generals application
were completed July 5.
| In the opinion Of Justice Williams
no attempt is made to touch on th'
merits of the capital controversy
three questions alone being treated
THE power Of the county attorney t
'lbring the injunction suit in the dis
trict court Of Logan county in tn
name of the state; the jurisdiction
of the district court over the persol
of the governor and other state off
ciaIs. and whether the petition file
by Guthrie in the district court II
: junction suit stated All action owe
which Judge Huston's court had juri'
diction.
The Guthrie petition alleged an /
Illegal dictate election and the bindin
effect of the enabling act.
While the court does not attemr
to dictate to the governor as to hi
duty, some pointed references are COZ
tanned in the closing paragraphs
the syllabus Of the findings;
sThe duty Of the officers Of the q
! ecutive department of the state is
keep their office at the seat Of go
ernment in mandatory and involve
no question Of discretion.
'sThe determination of where til
seat of government is, is a judici'
question
By yesterdays decision the stat
officers, "other than the governor
who have already removed their Office
d to Oklahoma City. must return
y Guthrie and stay here until the hig
y est courts have passed upon the que
S tion, where is the capital Of Okl
Il homa?"
Besides Governor Haskell, Secretal
of State Bill Cross, Secretary y
: Stone, OF the state banking board, Il
# state election board and state exami
er and Inspector Taylor have mov'
their offices to Oklahoma City, t
Hast named, maintaining headquartc
at both places.
& When Governor I1askell was fiji
& Informed by a newspaper man tn
the court had granted the writ of pl
Inhibition as to himself alone, he sal
according to the scribe. many thin
that the unfit to print" and add
that he would take no further acti
until he had consulted his attorne!
The court room was crowded wi
lawyers and citizens Of Guthrie a
Oklahoma City when the court fl
Y IN at 4 o'clock yesterday. The COY