The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-24
CAPITAL REMOVAL
CASE DISMISSED
JUDGE CAMPBELL IN CIRCUIT
COURT HELD THAT HE HAD NO
JURISDICTION IN CoYLE CASE.

Guthrie, Okla, June 23.-That the
conditions imposed upon Oklahoma in
the enabling act were for the general
interest of all the cities OF the Unit.
ed States and not to subserve the in
dividual or private interests OF w. IL.
Coyle of Guthrie or any other one of
more citizens of Oklahoma or any To-
cality thereof, was held here today by
Judge Ralph f. Campbell of the United
States circuit court, and he dismissed
the case filed by Guthrie, asking tenn
porary injunctions against the removal
of state records
The United States government in
this case may decide to acquiesce in
the removal of the capital, said Judge
Campbell. 1T is conceded that plain
tiff has no vested right in its remain
ing at Guthrie, therefore there is 40
possible theory in my judgment on
W IlNll AllIo 'iot Ndll bt II
cannot therefore be said to be a case
arising under the constitution, laws, or
treaties of the United States, and the
jurisdiction of this court fails
The entire decision makes strong
the stand taken by b. +. Burwell in
his great argument for Oklahoma
City, that the enabling act is binding;
it is a contract between the United
States and Oklahoma, and only the
United States can complain should any
of its terms be violated.
Judge Campbell does not pass upon
the validity of the enabling act fixing
the state capital at Guthrie, and at
first glance it might appear that the
case was thrown out on a technicality
and that the question of enabling act
still oyershadowed the situation. A
careful reading of his opinion shows,
however that he has absolutely taken
from Guthrie any special or individual
rights in the state capital OF Oklahoma
or any right to contest regarding the
same.
Guthrie, through Judge Burford. at
once served notice of appeal to the su-
preme court of the United States and
the appeal was granted by Judge
Campbell. What else the Guthrie at
torneys may have in mind is uncer-
tain. The injunctions are still pend
ing in the state courts. Guthrie is
said to have another case preparing
Dy which it thinks ii can get the fed
eral courts to pass directly upon the
act. This is doubted, as it
is not seen how any case could be
framed except it We're originated by
the United States.
1t is said also that department of
justice at Washington will be appealed
to, and that Attorney General Wicker
sham has already been consulted rela
live TO requests that he instruct United
States Attorney John Embry of Guth /.
re TO institute suit against the State |
Of Oklahoma in the name of the Unit
ed States.
1t is regarded as more than possible /
hat all opposition to the removal OF the
'apital to Oklahoma City will now rap
dly dissolve. Long before o'clock
oday the federal court room was over
lowing with anxious, agitated Guth-
.ians and interested citizens of Okla
iona City, among whom were several,
c. G. Jones, who have been
II constant attendance on the case.
promptly at O'clock Judge Campbell
with his opinion in his hand
nd began reading it after a prelm-
nary statement that owing to the brief
ime he had had to compile it, it was
ot so condensed as he would have
,ished
The judge first stated the case, the
ature of the plaintiffs petition and
omplaint, the pleas filed by the attor-
ey general to dismiss, etc. and read
rom the record the hearing upon the
lotions, etc, specially filed The (
ourt conceiving that the argument
pom the motion and pleas would in
olive a number of considerations per
aiming to the temporary injunction.
ave counsel leave to touch upon what
hey might desire relative to the in
lnctions, with result that the argu-
lent has assumed very wide range
nd consumed considerable time" the
ourt said.
The question of jurisdiction. said the
pinion, appeared from the very first,
nd the limited jurisdiction of federal
Durts were considered at ltngth Then
Dmes the decision. the chief excerpts.
hich follow: Putting aside for the