The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-22
Judge B. F. Burwell Makes Leading Speech
on Behalf Of Capital Re-
moval Contenders
CONGRESSIONAL Restrictions
Counsel Argues Enabling Act is Not Bind
ing; That Federal Government By Its
Silence Acquiesces in Abro-
CATION Of the Act.

Argument in the state capital re-
moval case in the Federal court closed
at $3.50 o'clock this afternoon, Judge
Campbell announcing that he would
endeaver to have his decision ready
by 4 o'clock Thursday afternoon,
Pre-eminent interest sustained for
three days and until the last minute
marked the capital location hearing
commenced in Federal court Monday
and halted late this afternoon A
case of tremendous import, without
direct precedent, it Is attracting not
only intense interest at the capital
and in Oklahoma, but everywhere. and
jurists, lawyers, Legislators and news
paper men and other closely associ-
ted with public affairs are watching
devotedly every phase Of It's unfold
ment. This case Is the nearest reviv-
al of recent years of the vital ques-
tlons of National and state sovereign
ties. Centered in the controversy is
the power OF congress TO impose re-
strictions on a state and to project its
influence into domestic affairs. There
Is also directly involved the right OF
citizen of state TO bring suit
against the state on account OF condl-
tons growing out OF Federal rela-
tions. ,gfst
Judge Campbell whose patience and
Powerful summing up OF the argu-
ments advanced by each side OF the
unique and far-reaching matter OF
summary removal of the capital IN
apparent violation of the Oklahoma
enabling act held the attention OF t9e
court, attorneys and auditors today
The hearing went far beyond the or
dlnaey length of equity hearings and
the deciding OF the questions deyel-
oDed puts burden OF great size on
Judge Campbell, whose patience and
capacity are admirable. He left Mus
kogee during a term Of court, with
Jury, to hear this cause. Attorneys
and the people generally have unre-
mittingly attended every movement
through the oppressive wea,ner
The attorneys for w, H. Coyle,re-
nsesenting the opposition TO capital
removal, made their final pleas this
afternoon, succeeding complete pro
sentation of the other side by an at
torney for the state. The formidable
list of authorities was greatly ex-
tended.
The matter now rests with Judge
Campbell.
Matte Now Rests With Court.
Reliance is placed by Coyle and
Guthrie in the contention that the
plaintiff is damaged by violation OF
the enabling act through the summary
action of the governor in ordering
removal OF the capital. 1t Is claimed
further that the property interests
of the plaintiff are affected by inn
pending increase in taxation due to
proposed illegal expenditures. ISe
sanctity of contract and the honor OF
the state are claimed TO be involved.
On behalf of the governor and others
ii is claimed that Coyle Is attempting
10 assume the powers of the Federal
government in undertaking to enforce
contract; that the Federal govern
ment has no power oyer the state
not given In the Federal and state
sNconstitution; that the enabling act
rs not binding force; that the Fed
e.Sal government by silence acQuiesc
e. In abrogation OF the act