The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-05-26

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a slight effort to prove that a
( compact between two states Is not a
case within the meaning of the CON
sitution, which speaks of contracts.
vas made by counsel, but was not
much pressed II we attend to rne
definition OF compact, which IL the
agreement of two or more parties to
do or not TO do certain acts, 1t must
be obvious that the proposition offer
I'd and agreed to by Virginia, being
accepted and ratified to by Kentucky
Is contract. In Fletcher VS.. Peck, s
Cianch. 81, the Chief Justice defines a
contract to be a compact between two
or more parties. The principle laid
down in that case is that the consti-
tuition of the United States embraces
all contracts, executed or eXeeutory,
whether between individuals, or be-
.ween state and an individual and
pair an obligation into which she her
self has entered than she can the con-
tracts of individuals
Bennett Versus Boges
To the same effect is Bennett VS..
Eoggs. Fed Case No. 1913:
Hancock VS.. Walsh, Fed. Case No.
c012.
Gray VS.. Davis, Fed. Case No 57l5.I
United States VS.. Partello, 4S Fed.
$50; and The Kansas Indians. Wall,I
s37.
And the same principle is maintain
I'd in the recent case of United States
ys. Sutton. Advance Sheets, Supreme
court decisions, February /. 1910. 116.
Nume ous other cases might be cit
I'd which deal With the question un-
2er consideration. and we assert that
there is no case in the books whlcn
ran be found holding to the contrary
view. The other proposition announ-
ced by the attorneys OF Oklahoma
lty that O great state can enter in
To one OF the most solemn compaets
known 10 all sovereignty and then to
Wantonly violate such contract is aO-l
horrent TO all sense of justice. A state.
town. a city, a school district or
an individual Is not permitted, under
tire laws on this government. to yio-
iate It's contract. And the same rule
ol law Is applied TO a state when 1t
comes TO the question OF the violation
Cf its contracts or compacts. Ana
there is no more authority In the law
fsi claiming that great state may
lepudiate lis compacts, than there Is
Tor claiming that an individual, a city
on a school district may so repudiate.
II is a contract. an agreement voiun-
talily entered into. and is as binding
ahen made by the state as II Is when
made by an individual
The proposition advanced. while we
doubt the sincerity Of the parties max
,rg II. 20 ihe effect. that because IN
the language of the constitution wo ds
we're not used which. In express
terms. state that the capital OF the
state shall remain AZ Guthrie unili
.at2. aud. therefore, thacthe Enabling
Act and the acceptance thereon py
eur constitutional convention, is not
binding upon the people CT the state
il hardly worth consideration. 1t IS
on par with the act Of q hungry per
son going into n hotel. and ascertain.
inp that The price of a meal is my
cents. sits down to The table aud eats
II and then refuses TO pay because
le did not. In express terms, speclt'
fallv ag ee 10 pay for the meal The
f,au who would eat the meal oi VIC
tsals and ,hen refuse to pay for u
would probably find himself. IN the
cves OF the law. in the attitude OF
ae-son attempting to steal meal,
a farmer going 10 his neiHhhor anu
lnquirlng the price Of 4 cow aseee'
teins that il Is being held at s'o,
leads the COW home and then refuses
10 nav for her. because he did not, u
express language. agree 10 pay any
thing for the COW.
conuress Named Conditions
Congress said TO the people oi Oh'
ieh, IA sYou can have statehood up.
ON srtain couditions,-o The people o.
oklahoma became state under tnese
conditions, and some few Of the ell. +
lens now desire te repudiase the con
tiaet nndp, which they became
state. That Is all there Is In this case
when boiled down 10 a common uhdef-
standing.
We refrain from discussing the
questions involved In the value OF
town lots in aud about Oklahoma cNs
and that matter is presented with con
.iderable force in the article when
we are answering. II Is said thai
there is school section Just three