The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1910-11-18
SYLLABUS Of DECISION IN
CAPITAL LOCATION CASE

The following is the syllabus of the
state court decision in the capital To-
cation case handed down Tuesday aft
ernoon:
"Q) Oklahoma's enabling act June
16, 1906) in part provides: The eapi-
tai of said state shall temporarily be
at the city of Guthrie in the present
territory of Oklahoma and shall not be
changed thereform previous to ammo
domini Nineteen Hundred Thirteen"
"The terms and conditions OF said
act were adopted by ordinance ire
vocable by the delegates elected pur-
suant thereto in constitutional con-
vention assembled. Held in a suit to
restrain state officers from in effect
removing the capital from Guthrie
prior to that time pursuant to the pro-
visions of an initiated bill proclaimed
by the governor to have been adopted
by the electors of the state at the polls
that said provision so adopted had the
force and effect of law and is binding
on the state unless repealed by said in
itiated bill.
Since congress has no power to
admit a state into the Union except
on equal footing with the original state
in accordance with the rights, powers
and duties defined by the constitution.
the admission of Oklahoma fixed her
status and that of her people as that
acquired by the other states of the fed
eral union under the constitution any
thing in the enabling act to the con-
trary Notwithstanding and conferred on
such state the exclusive power to en-
act and repeal it's own laws, provided
the same enacted be not repugnant to
the constitution of the state or of the
United States
CD Where in suit OF restrain
certain state officers from removing
any property pertaining to their sew
.eral offices from the city of Guthrie
and from doing any official act at any
other place, on the ground that the
initiated bill under which they were
attempting to act had never been ad-
opted by the people at the polls, 1t
seemed to be within the contempla-
tion of said bill, which, in effect pro-
vided, Q) for the permanent location
of the capital of the state by election,
.(2) makes the place receiving a ma
jority of the votes cast at that or a
final election the permanent capital
of the state, (3) declare three certain
cities candidates for the permanent
location of said capital and provides
the form of ballot (4) authorizes any
other city, town or place to become a
candidate upon petition, ETC., (5) pre-
scribes the procedure for a second
election in the event no candidate re-
ceives majority of the votes cast at
the first election, (6) creates a state
capital commission to be appointed by
the governor, (7 prescribes their ten
ure of office, salaries, etc, (S) makes
said commission body corporate with
powers to sue and be sued CO.. en-
powers said commission to purchase
land for the capital site and locate
the state buildings, (10) authorizes the
commission to exercise the power of
eminent domain, GD empowers said
commission to select land belonging to
the state for capital purposes and to
cause the same to be appraised and
paid for by the state, Q2) authorizes !
said commission to plat and sell the |
lands thus acquired and create a build |
ing fund, (13) empowers said commits