The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-24

homa that the various state officers
shall keep their offices and public
records, books, papers. and files at the
seat of government and shall there per
form such duties as may be designated
by the constitution or prescribed by
law that by reason of the aforesaid
requirement, the defendants, and all
other persons and departments of the
state government. have kept their Of
fices and transacted their official
duties at Guthrie continuously since
the admission of the state until now.
1t then recites the passage of the en-
ahllng act under which this became a
state. entitled. An Act to enable the
people Of Oklahoma and OF Indian Ter
ritory to frame constitution and state
government and be admitted into the
Union on an equal footing with the
original states" That by the terms
of said act II was provided that:
"The capital of said state shall tenn.
porarlly be at the city of Guthrie and
shall not be changed therefrom previ-
ous to Ammo Domini nineteen hundred
and thirteen, but said capital shall,
after said year. be located by the cleo
tors of said state at an election to be
provided for by the legislature: Pro
vided, however, That the legislature Of
said state, except as shall be necessary
for the convenient transaction OF the
public business OF said state at said
capital shall not appropriate any pub.
lie moneys OF the state for the erection
of buildings for capital purposes dur
Ing such period"
1t then recites the following ordin
|ance of the constitutional convention
adopting the terms and conditions OF
the enabling act.
''Be II ordained by the Constitutional
Convention for the proposed State OF
Oklahoma that said constitutional con
yention do, by this ordinance lrrevoc-
able, accept the terms and conditions
of An Act OF Congress OF the United
States, entitled An Act 10 enable the
people OF Oklahoma and the Indian
Territory to form q constitution and
state government and be admitted into
The Union on an equal footing with the
original states; And to enable the peo.
pie OF New Mexico and Arizona to form
d constitution and state government
and be admitted into the Union on an
equal footing with the original states,
approved June the sixteenth, Ammo
Domini Nineteen Hundred and Six"
II then reoites the sending OF the
constitution and the ordinances to the
Presidet Of the United States and the
admission OF the state pursuant to the
act OF Congress. That relying upon
the binding effect and good faith OF
the provisions of the enabling act and
of the resolutions accepting the terms
and conditions thereof. and especially
the clause of the enabling act temper
arily locating the capital at Guthrie
until 1918, the complainant purchased
real estate and proceeded at great ex'
pense TO build hotel for the accom-
mediation, among others. Of the various
persons who should. from time TO
time, cme TO the capital for any pnr.
pose. The bin then states TINT II prior
| to 1913 the capital Is removed to some
other part OF the state, the expenses
incident to such removal win impose
upon the people of the state q large
additional burden OF taxation, and
that he being large property owner
would have to bear his proportion
thereof, which would exceed the sum
OF two thougand dollars.
The bill then proceeds:
"Your Orator further states that u
| the seat of government of the state
OF Oklahoma be removed from Guth
rie TO Oklahoma City at this time
that all OF the evils intended to be
avoided and obyiated by the Enabl
Ing Act OF said state. herelnbefor'
referred to would be brought dowr
and visited upon the people OF sale
State, including your crater. THAI
confusion will result In tho public az
fairs OF said Etate. including. amonl
other things. uncertainty as TO th'
legality OF Official acts done by th'
officers OF said state, away from th'
city OF Guthrie. That as residon
and tax payer OF said State. your OF
ator has direct and personal inter
est In the provisions OF said Enabin
Act, and In their observance and tina
your orator. II said Enabling Act D.
not observed and the seat of govern
ment be removed from Guthrie I
Oklahoma. City at this time, wi
thereby suffer a personal loss In @,
cess OF Two Thousand Dollars (s2
000.00) exclusive OF interest aud cost
both on account OF the depreclatlo
In the value of his property locate
, In the City of Guthrie, oceasioned b
such removal, ard also en- account
: taxes which he will be called updE-l
pay In connection with such remoya
Your Orator further states that /
Is citizen OF the State OF Oklahon
and bound by the provisions of sa
:, Enabling Act. both legally and mora
!. Iy, as are all the other citizens
said state, and that your orator,
a citizen of said State, Is entitled
have said enabling Act upheld al
respected In accordance with its Il
y ter and spirit, and is entitled to reso
to the Courts for that purpose.
The bill then alleges that the q
: PENDANTS In violation OF the terms
= !. the enabling act and the said orr
2 nance. and without authority Of la
s. are threatening and are about to
g tempt to remove the seat of COVER
!, = ment to the irreparable injury OF 4
. eomplaipant In the sum OF twenty-fi