The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-12

properly deny the proper number Of
petitioners OF this state the right to
nave any proper question voted upon,
and while II was my opinion as gov.
ernor prior TO the decision OF the
court in the case Of 'rreadgiil vs.. Sec
rotary OF state, tha this per<,ng ques-
ton Is not a proper question because
Of my bcliei that 1t would be uncon-
stitutional Il adopted yet even though
retain that opinion as private cit
zen have no right TO be controlled
by ii ais public officer. This sub.
sequent decision OF the judiciary de,
partment Of our government must be
accepted by me as the law of he cas>
and particularly Is this decision inn
pressed upon me when compare the
several decisions Of our supreme court
las IS proper in harmonlzing these
decisions for the purpose Of ascertain
ing the the full meaning al dintent
Of each decision) | find in the later
decision on the amendment to the
suffrage clause of our constitution
that when IT was sought By mandamus
10 compel the secretary of state TO
receive and file referendum petit
ton when he had refused, for the rea-
son that the referendum petition did
not present a lawful question, and our
supreme court having sustained the
secretary Of state in this connection,
! therefore draw form the opinion OF
the supreme court in the Threadgill
case that although probably not to be
taken as a final conclusion but yet OF
sufficient probability to warrant its
submission to vote OF the people.
was the view taken OF this amendment
now before me- And II further clear
to my mind that our supreme court
would not in the Tbreadgill case have
ordered the secretary Of state TO file
this petition In his Office unless they
had believed that under the law
people were entitled to vote thereon
Must Perform Duties.
Il further understand that from the
laws and the court decisions, under
the same ruling by which the secre-
tary OF state was commanded TO re-
ceiye and file this petition, Rn order
from the court wouidlfssne eesfAsasssls
ing the governor to issue the election
day proclamation excepting solely for
the fact that under our constitution
the governor can neither be enioined
nor mandamnsed By the courts, and
therefore II is even more incumbent
upon the governor, OF his own motion
to perform all duties which the con-
stitution and the law impose upon
him without hesitation and being free
from the compulsory process OF the
courts than would be the case If the
courts might command him to act.
"lt is not the privilege of the chief
executive TO deprive any element OF
our citizenship OF any right or prlyll-
ege they may have under the consti-
tuition or laws OF this state His per-
sona views on public questions are
for himself alone he has no right to
withhold the privileges due TO any
other citizen, and the greatest enemy
of good government is he who lntrust-
ed with public office. would ignore his
duty under The law or substitute his
private opinion for the plain letter OF
the law. and the constitution OF this
state and its laws are what our flnai
judicial tribunal declare them 10 mean
As private citizen OF Oklahoma I
shall contend In due time that this
petition does rot present a valid qnes-
ton | shall contend that Oklahoma
should take no backward step in its
beginning OF moral laws, but should
press forward. to strengenthen and en-
force them. and to aid In securing
congressional legislation that will
withhold from the yi0lators Of our law
the aid support and protection Of the
Federal government All these are
my pedonal privileges but as an
officer | bow 10 the aw and grant 10
those who have right to entertain
different views the privileges that
the law as construed by the courts
gives them.
&C. y. HASKELL. Governor.
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