The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-08-20
TO ATTACK
VALIDITY
OF BALLOT
NEW FEATURE OF STATE
CAPITAL LOCATION
HEARING
ALlEeEO FATAL DEFECTS
URGED BY ATTORNEYS
Every Question In Case Now
Before the Highest Court
N Oklahoma

Attack on the validity OF the ballot
submitting the initiated bill In the spe-
cial election on June IL will be the
new and exciting feature of the cap
ital location hearing in the supreme
court September 13 and IA. Direct as
saults on the pretended ground of re-
moval of state Offices from Guthrie
TO Oklahoma City will be made by at
torneys for Guthrie.
Omission of the controlling propo-
sitoh Is charged. The ballot as used
In that election did not contain the
question Shall 1t be adopted?" This
Il Is claimed, makes the bill ineffective
as to capital location because the
bill itself was not voted upon. The
statutes require that when an initial.
ed bill is presented It shall contain
first the question "Shall 1t be adopt.
ed?" II is claimed this bill bore no
sort Of an equivalent. Instead, the
entire proposition, embracing eight
or ten subjects, was narrowed to
those OF capital location, the ques-
tons being Shall the capital be lo-
cated?" and. Where
Claim People Were MisIed
II will be remembered that In this
way many people were misled into the
conviction that there was no question
before the people except an issue be
tween three cities. The bill, under
this view. was not adopted and the
capital location questions. singled
out from bunch, were impotcnt.
This is the one phase of the CAP
ilal location question that has not
been argued" said c. G. Horner to-
day. I'VE have every confidence In
the merit of the contention that the
initiated measure was not properly
passed."
Mr.. Hornor said he did not know
whether or not there would be oral
arguments. Oklahoma City attorneys
have said they are willing to go up
on briefs entirely. The ballot ques-
tion may open up new fight.
Whole Question Now At Issue
Asked as to the scope Of the case
now In the high court Mr. Hornor
said. Every question is at issue: the
whole thing is up for determination.
Il could have been up long ago.
Sudden desire for quick action was
expressed by Burwell and Stuart, ol
counsel for Oklahoma City, when the
entire case was appealed few days
ago. They wanted an agreement by
counsel and an order by the court for
hearing right away--wlthin three
or four days. This humorous haste
was met In a u.snified and formal
manner by Mr.. Hornor, who filed
showing on behalf Of the Guthrie at
torneys.
II was shown that the litigation
started on June II. and that the Guth-
rle attorneys had been willing and
ready at all times to go into the mer-
It's of the case: that the other side
has done everything except bring up
the main point, having tried various
technicalites OH various courts, never
once attacking the real position OF
Guthrie: that Judges Burford and
Dale of counsel for Guthrie have gone
away on vacations, leaving only one
Of the attorneys here. Thereupon
the court set September 10. for the
opening.
State officers In Default
"The state officers here under In
junction have been in default for
nearly a month"; said Mr.. Hornor.
we could have pushed them at any
time lately Tie governor claimed
exemption and we dropped him from
the suit. The defendants passed into
the stage OF default, but Guthrie has
not harrassed them The case Is now
Iup, after all the technicalities have
failed. We have been ready ell the
time for the main fight Heretofore
the question has been was So-and-So
entitled to serve,