The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-24
TIL EFIGHT HAS
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" iAAtN tii UAbE AlC tiVA4Vi tAtih IA01 ~
also touch upon such points pertain
ing to the injunction as they might
desire, as a result OF which the ar
gament has assumed q very wide
range and consumed consideraDie
time.
AS suggested during the argument
the question OF the Jurisdiction OF
the court to entertain this action pre-
sents itself at the very threshold Of
the case.
1t is with fun regard to these prin
cfples and the Importance OF this case
that | approach its consideration.
This court Is given jurisdiction re-
gardless OF citizenship OF cases aris-
ing under the constitution. laws, or
treaties OF the United States where
the amount in controversy, exclusive
0f interest and costs. exceeds the
sum OF two thousand dollars. A case
arises under the constitution or law
0 fthe United States whenever its cor
rect decision depends on the construc-
tion OF either, or, as the rule is some
times expressed, whenever the rights
set UP by a party may be defeated
by one construction of the eonstitu-
ton or laws or sustained by another.
AS To Enabling Act.
1t is claimed that this is m action
under law OF the United States. to-
wit. that portion Of section 2 Of the
enabling act heretofore quoted from
the bill relating to the temporary lo-
cation Of the capital.
1t Is alleged that the defendants be-
Ing all the officers OF the state, except,
possibly, the Judges of the Supreme
Court, are without right violating this
portion OF the act, because before the
year 1919 they are threatening and are
iabout to attempt to remove Inc seat OF
government OF the State OF Oklahoma
to the city OF Oklahoma City and away
from the city OF Guthrie. causing to
complainant the damage heretofore re-
ferred to, which they will do unless
they are restrained from. so doing by
this court.
The foregoing provision as to the
Temporary location OF the state capital
was one OF a number OF conditions con
Itained In the enabling act, upon the
acceptance Of which either by ordln-
ance irrevocable or by the incorpOra-
ton in Its constitution the state was
to be admitted into the Union
The enabling act also provided the
imethod for the election of delegates 10
a constitutional convention by the peo-
| pie of the two territories, TO be held
Fat Guthrie. the then capital of Okla
homa Territory BY section % the con-
Guiding clause OF that portion OF the
act relating TO Oklahoma and Indian
Territory, 1t was provided that the
constitutional convention should be or
dinance irrevocable accept the terms
an dconditions of the act One OF the
acts OF the constitutional convention
was the adoption of the ordinance
above quoted.
The act also provided that II upon
submission of the constitution TO hte
people of the proposed state, majori-
| ty of the legal votes cast on that ques-
tion should be for the constitution, the
result result should then be certified
to the President OF the United States
together with a statement Of the votes
cast thereon and upon the separate
articles or provisions. and u copy oi
the constitution, articles. provisions
and ordinances. II the constitution
and government Of the proposed state
should be found to be republican In
form, I'D il the provisions of The Ell
abling act should be found to be com
piled with In the formation thereof
then II became the duty of the Presi-
dent. within twenty days thereafter
to issue his proclamation announcing
the result OF such election, whereupon
the state should be deemed admitted
by Congress into the Union under and
by virtue OF the enabling act. IN an
equal footing with the original statcs.
Can individual rights such as plain
tiff seeks to assert In this case be said
10 have been In contemplation of the
parties to this capital location contract
or compact. the people of the proposed
state on the one side and the govern
metn Of the United States on the
other when it was entered into? Was
it a contract made in any degree for
his individual benefit? What was its
purpose? Primarily, it was for the
purpose OF effectlng the admission oi
Oklahoma to statehood. Who were the
contracting parties? What was their
status and what relation did they bear
to each other?
It Is true that in the admission OF
the several states since the original
union Congress has imposed various
conditions. such as relating to navig.
able waters, providing that lands of
the United States shall not be taxed,
providing against slavery, retaining
the right to legislaie regarding Indian
matters. etc. Each one of these when
analyzed viii, think, be found TO be
based upon some sound reason OF ma.
tional public policy, having for It's Oh
ject the protection aud preservation OF
rights or conditions or obligations in
their very nature attaching or belong
ing TO all the people OF ali the states
alike.
My attention is called to no pro.
vision OF any enabling act prior to
that under consideration In this case
wherein the Congress has sought to
impose any condition from which might
How rights or obligations TO one or
more of the citizens of the proposed
state not attaching alike to all the
citizens OF the United States or in
a a. a - Al. ~.