The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-02
.BURFORD
SPOKE TO
COURT
CONTENDS HUSTON WAS
ACTING WITHIN
RIGHT
s~-->.--~- ~~
SAYS INTERFERENCE
WAS NOT ATTEMPTED
he Relates Chief Executive Is
Only State Officer Making
Protest Of Injunction

More definitely than In any form.
.er proceedings In the state capital
location controversy. Governor Has
kell was today described In the SUI
preme court as being an aggressor
against the state and as appearing
to attempt 10 make the state respon-
sible for his act. The second day OF
argument in the supreme court was
commenced at 10 o'clock The en-
tire day was allotted to Guthrie at
torneys appearing for Judge Al. II, IIhs
ton and County Attorney James Hep
burn in proceedings for writ OF pro
hibiton against the district court, and
Tuesday morning was set aside for
reply by Oklahoma City attorneys.
AS in all other public hearings OF
the capital location matter, the inter-
est In the supreme court hearing Is
iistense. The court room was ciowd.
ed today and there was constant in
quiry from over the city about the
progress OF the case. Visitors to the
city evinced a lively interest. The very
foundations OF statehood are affect
ed and 1t is generally realized that
this case will set precedents for cen
tnrles.
Location of state capital Is a
matter OF concern not only TO tenn.
porariIy high officers of the state but
Z. the humblest citizen" said Judge
j. II. Burford in the opening argu
ment today. In this case no attempt
Is being made to interfere with the
prerogatives OF any executive Officer
There Is no contemplated interference
ith the political or any other power
of the state, but this is an action to
restrain one of the officers of the
state who seeks to do an unauthorized
act"
The right Of the county attorney
TO bring Injunction proceedings, which
gave use to the action for writ ol
prohibition, was defended at length
Judge Burford said the county at
torney appeared as relator on the
part Of the state against certain par
ties-not parties constituting the
state but alleged to be seeking to dis
obey It's laws and constitution.
This Is not an action In which the
attorney general is entitled to gel
en- the other side and assert that he
represents both Sides" said Judge
rurford Has the attorney genera
any right to complain? Has his Of
flee been interferred with. He should
appear here for the state. This
should be entitled an actiun against
the governor. He is the only Off
cial whom it is claimed has been in
terfered With. The other state OF
ficers are not complaining OF interrnp
ten OF business or of Inconvenience.
Judge Bufford then read the plead
lngs for the county attorney. The,
set out that no one except e. N. Has
kell has appeared In the actions aris
ing from his attempted removal o
the capital. No appeal has been tax
ZEN.
BY waving the question of jurisdie
ton In appearing by the attofne,
general In district court In demurr
CT instead of appealing the case, thu
| pleadings set out. the governor pu
himself out of position to claim ex
emption.
The brief sets out that the gov
ernor insofar, as he can, Is disre
sarding the injunction and Is attempt
ing TO remove the capital by person
ally conducting case against thl
state. The circumstances OF the vis
liz of Sheriff Mahoney TO the Cover
nor's alleged office In Oklahoma Cit
on the night OF June d1 In an effor
10 serve processes are detailed. an
the actions of the governor In treat
int the summons Of the district cour
With contempt are detailed. II
charged that Bill Cross. secretary Q
state, permitted the great seal TO b
arested from his custody.
The pIeadings set out that the ten
rorary Injunction does not seek I
restrain or in any way interfere wit
the orderly conduct OF the states a
fairs or with the officers who obe
tie constitution and the laws. Tn
governor and secretary OF state an
i described as acting arbitrarily an
seeking 10 compel the other officer
10 dlsobey the law.
For Judge Huston, Il is elaine
that he relies on the enabling ne
which he believed to have been II
volved In attempted removal OF th
state offices. The contention il mad
) that Attorney General West Is NOT III
proper relator on the part Of G.
haskell In claiming restfaint. Count
Attorney Hepbmn's action Ii dsfen'
1 I'd on the rrouud that he was actin