The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-15
JURISDICTION or COURT
QUESTIONED BY WEST
Declares Act Of GOvernoT Was
Done In His Political
Capacity

Surprising in public interest any
civil action brought up in court in
Guthrie in many years, the hearing in
tie district court yesterday on the
matter of injunction against the gov
ernor and other state officials with
regard to capital removal, drew a
crowd distinguished for its representa-
tive character and general falertness
and intelligence. Women formed half
! the big audience, many of the lead
ing women of the city being present.
| The crowd remained steadfastly
through the heavy and lengthy legal
arguments.
! G. G.. Horner, who closed for Guth-
rie, gave a dramatic description of
.he scene when the governor and con.
ferees gathered at midnight, called to-
gether on account of the supposed
victory of Oklahoma City, and decid.
ed to remove the capital OF great
etate. They moved, he said, rot like
rublic officials, but like outlaws. The
removal OF the seal at midnight In an
automobile was related in graphic
manner
West opens Argument
Attorney General West opened inI
an elaborate argument, which is gen
eral described by lawyers and observ-
ant spectators as a mastery one.
presenting the governors side Of the
case in its best possible light and
going deeply into the statehood ques-
tons. He declared that the act Of
he governor in decreeing the capital
at Oklahoma City was done in his po-I
| litical capacity and not In his minis
terial capacity. He defined the vari-
Gus functions of the governors Of
fiee-political, executive and minis
;nrial. The attorney general declared
that the injunction action was not
ere that should be brought by the
county attorney. In state affair
of this sort the attorney general
lad been declared the proper pei-
son to bring action in case the state
seemed to be in jeopardy. These In
junction proceedings he claimed were
hased upon q guess.
Discusses Enabling Act
The enabling act was thoroughly
discussed. Mr.. West claimed that the
only restriction that congress can
lulace upon a state in such matters Is
to require that IL shall be Republican
in form, that its constitution shall not
oontrayene any provision Of the Fed
elal constitution and that the state
shall relinQuish any claim to public
lands of the United States. The en-
ahling act was described as temper
ary to enable the state TO organize.
and only binding until admission had
been accomplished. The history OF
THE northwest territory was gone in
to TO show that enabling acts were
Iiroperatiye after statehood.
A Binding Agreement
Judge Frank Dale took up the en-.
, ahllng act and the sudden action oil
! The governor. The enabling act was
: described as binding agreement,
! adopted along with irrevocable ordin'
ances. 1t was claimed that under this
: enabling act the state received $1,000
100 in money and great tracts OF
school lands and that abrogation OF
the act would endanger the holdings
OF the state.
The right OF the county attorney
TO bring an injunction In such a mat
ter was upheld by citing authorities
to show that the attorney has q righ
10 bring such actions In the name o
tie state when the interests OF th'
" state are involved. The Prairie Oh
kand Gas case was cited as case II
A,olnt. County attorneys acted In ths
. base and their actions were sustained
% The action In declaring removal u
Sdvance OF any authentic return
r. Rom the election was denounced.
q has claimed that he had Violated
/. State law in attempting to Iemoy
n a. q capital in advance of officia
" knowledge OF the results and In tn
q ;Absence OF any provision for autho
T. dew Point BY Burford
a. ] Judge J. II. Burford introduced
IS Iew point In the case In assertln
that by his action In entering a d.
CT rEurrer the attorney general had re-
m dsnized the jurisdiction OF the coul
al md entered fully into the procee'
te Inps. He explained the practice
70 Ibis state as amounting definitely
I. khat situation in the injunction cas-
C. Ign,lng the state was not entitled
r. sasestioA jurisdiction after hay'n
IS. tfiled demurrer.
nj Judge Burford also upheld the pC'
or of the county attorney, cIaimir
y that In original actions bis powe