The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-28

and IN Sec. 10 Of the same an.
iicc that the district courts shall
have power 70 issue writs Of quo
waritanio, looked rather TO the
substance than 10 the form and
simply meant not 80 much 10 give
those courts power to issue writ
Of n prescribed form but to sol.
EMMY fix the ancient remedies
secured by that writ aud leave
II TO the legislature to prescribe
any new process or procedure 10
invoke those remedies In the
courts and to amplify and extend.
the remedies heretofore obtain
able IN the form OF the ancient
writ This was done by Wilson's
Rev. and Ann stat OF okla. art
20, under tho head OF Procedure
CiviI' which Ia effect provides
that the remedies heretofore OBJ
tainable IN that form might DO
had by civil action and extend
the remedy so as TO permit Il pri-
pate person to contest VIII an
other private person the right OF
title to a public office.
May Enjoin Public Func Expenditures
See also Russell, ct al, VI Tate, el
AL, supra. Y ice v. State Bank. ~
Ark so; Delloberts " Town Of Gross
2S Oh, 1888.
1t IS clear that an action Ia the
name of the state In rs sovereign
capacity may be brought by c0lln.
ty attorney In tho district court OF
bis county. he being the executive
law officer In said county and court,
70 enlLin inferior state Officers from
expending public funds contrary 10
law, without showing any special iil'
iu- 10 the stale The district court,
therefore has jurisdiction over. all
the parties defendant IN said action,
except the governor to restrain them
from expefaing public funds The
question further arises, has i juris'
dlctiOn TO restrain them from remoy-
ing thelr offices, papers. seals. files,
archives, furniture, pictures aud para.
plornalia OF their said Offices reaDcc.
lively. from Guthrie "a Oklahoma city
and from Withdrawing any money
iIUul ilt AtdHht y vi 'h' rhhit7s tNt h9'
in moving any Of the said offices,
o. ii locating. establishing or attempt
Ing 10 establish the seat Of govern.
mcnt At Oklahoma city, and also from
lncurriug any Indebtedness for any
Of said purposes. The matters here
10 be dealt With are publlci iuris and
the acts Of public officers IN the cx
pending public funds. matters affect
ing the whole people, or the state Al
large, State, ex rel \. Lord. supra
ln Hicknss. II al Y. Williams, 81
al, s Wash. 40. Il is said:
lli either event the action ot
tho board In submitting the gues-
ton of the removal of the eaun-
" seat from Colyillc TO Kettle
Fails was absolutely unauthoriz.
ed aud the election held ia pur-
snance thereof was necessarily
invalid for INA. reason. and tho
question Is presented as 10 wleth.
1 or. under Hnclt state OF facts. ~
/ Injunction AiH he 70 prevent q
threatened removal OF The evun
/ IS scat IN pursuance Of such yoid
\ ricflun.
4 II Is eenlended lirsl bs appel.
l;niA tli9i sHvh an action viii not
lie at HE egit IL q taxpayer Az
the question ol the removal o. 4
county gcat b d political question
IN which no person has any pop
cfty eight and many authorities
are presented In relation thereto
rs a number ef states have held
that suit 10 erlon the removal
/ at i county scat viii not lle 1T
The instance ~ iazphy,f m
Aitofueg ssenefal \. supervisors
| 28 Mich ~. Il il held that the
H removal ef 4 county seat IS a
| purely political question, and tipeS
/ uoi iu ans way LEGALLY Involve
n the lgiii< uf private paftlesl
There was no question of iucreas.
| "a expenses or the expenditure
Of public moneys involved IN
that case. Other cases have been
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