The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1910-07-29

Guthrie, Okla, July 2s. = A dog
fail" ID 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 capi-
tai removal case and dissolying 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-
rie, until a determination Of the
merits OF the entire case Is given by
process Of appeal from the lower
courts.
Attorney General West has brought
the case into the supreme court at the
direction Of Governor Haskell asking
writ of prohibition taking the case
out Of the hands OF the district court
of Logan county. which. on 5he night
of June II, issued an injunction against
the removal of the state records from
Guthrie by Governor Haskell and the
other state officers. Arguments on
the attorney generals application
were completed July 8.
In the opinion of Justice Williams,
no attempt is made to touch on the
merits of the capital controversy,
three questions alone being treated
THE power Of the county attorney TO
bring the injunction suit in the dis.
Itrict court of Logan county in the
name of the state; the jurisdiction
of the district court over the person
of the governor and other state ON
cials, and whether the petition filed
Iby Guthrie IN the district court in
Junction suit stated an action oyel
which Judge Huston's court had iurls
dlction
The Guthrie petition alleged an Il
legal dictate election and the bindlnl
effect Of the enabling act.
While the court does not attemp
TO dictate to the governor as TO his
duty, some pointed references are con
tanned in the closing pare aphs Q
the syllabus Of the findings
"The duty Of the officers Of the ex
ecutive department Of the state Is e
! keep their office at the seat OF gov
ernment in mandatory and involves
t no question Of discretion.
"The determination of where th'
seat OF government is. IS a judicia
; question"
/, BY yesterdays decision the stat
officers, other than the governor,
! VINO have already removed their Office
to Oklahoma City, must return 7
!. Guthrie and stay here until the higt
est courts have passed upon the cues
4 ton, where is the capital Of oklt
e homa?'
{ Besides Governor Haskell. Secretar
+ OF state Bill Cross. Secretary "
e Stone. OF the state banking board, th
q state election board and state examlI
4 er and Inspector Taylor have move
d their Offices to Oklahoma City, th
r last named maintaining headquartel
/ az both places.
G When Governor Haskell was fri
Informed by newspaper man ths
the court had granted the writ Of pr
hibition as to himself alone, he sail
d according to the scribe, many thinl
y that the unfit TO print and adde
y that he would take no further actio
3 until he had consulted his attorney
n The court room was crowded wit
lawyers and citizens Of Guthrie ar