The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-15

corporation or one Or more Of Is
clauses, is a contract Within The mean
Inc Of the National Constitution
The Dartmouth Coll Case a
Wheat 51SG was the pioneerWin THIS
field of our Jurisprudence.
The principle there laid down and
since maintained Ia the cases which
have followed and been controlled by
Ill has no application where tne stat
ute III question is a public law rela.
ton to a public subject wlthins 1ne
domain OF the general legiSlatyepbw
en- ofthe state. and lnvolNhg the4pib-
lie fights and public welfare ofNAie
entire community aftectediby IT, the
two CLASSES OF cases are separated by
broad line Of demarcation The dis
tinction was forced upon the attion
Of the court by the argument in the
Dart, Coll, Case, Mr.. Chief Justice
Marshall said
THAT, antorior 70 the formation
OF the constitution a course of leg
islation had prevailed in many, II
not all, Of the states, which weakened
the confidence Of man In man, anu
embarrassed all transactions between
individuals, by dispensing with
faithful performance OF engage
ments. no correct this mischief
| Wy restraining the power which
produced 1t, the state legislatures
were forbidden to pass any law inn
pairing the obligations OF contracts;
that is, Of contracts respecting prop
erty, under which some individual
could claim a right to something ben
eficial to himself; and that since the
clause In the constitution must in
construction receive some limitation,
II may be confined, aud ought to be
confined, TO cases Of this description;
to cases within the mischief 1t was
| intended to remedy.
The general correctness of these
observations cannot be controyerted.
That the trainers OF the constitution
did not intend TO restrain the states
| In the regulation OF their civil instl-
tutions, adopted for internal govern
metn and that the instrument they
have given us is not to be 80 con-
strued, may be admitted. The proyi.
sion of the constitution never has
been understood TO embrace other
contracts than those when respect
property, or scme object of value, and
confer rights which may be asserted
in a court Of Justice. 1t never has
been understood to restrict the gen-
eral right OF the legislature to legis.
late on the subject of divorces = .
II the act of incorporation be q grant
OF political power; II IL creates civil
institution TO be employed In the ad-
ministratlon Of the government; or
If the funds of the college by public
property; or If the State of New
Hampshire, as government, be alone
interested in its transaction, the sub
ject is one in which the legislature of
the State may act according TO It's
own judgment, unrestrained by any
limitation OF its power imposed by
the constitution of the United States.'
| tFor an able and interesting arti-
Gle covering this entire field of dis
cussion see November, 1910, issue of
| Columbia Law Review, page ~
Enabling Act Subject to Repeal.
We are therefore of opinion that
the initiated bill repeals that part of
the Enabling Act relied on which was
by said ordinance adopted and put in
force as law throughout this state
and must stand, that is, if submitted
according to law to vote or the peo-
pie and by the people adopted at the
polls.
AS prior to the initiated bill there
was no law providing for the removal
or furnishing procedure for holding
an election for the submission TO the
electors OF the state the question of
the removal and permanent location
OF the seat of government; for that
purpose there was, on July 2lst.
1909, filed In the office OF the secre-
tary OF state Initiative Petition No. z.
addressed by the requisite number of
electors of the state to the governor.
IN which they ordered that the pro.
posed law thereto attached be sub-
mitted to the legal voters of the state
for their approval or rejection by n
certain time.
Without attempting to construe the
bill, speaking generally, it provides.
| ~ for the permanent location of the
capital Of the state by election. (2)
makes the place receiving majority
OF the votes cast at that or final
election the permanent capital
Of the State. CD declares three GER
tain cities candidates for the perma.
nent location Of said capital and that,
The ballots and ballot title TO be
used and voted at such election shalll
he prepared. certified and printed MS
provided by the act of the Legislature
approved Aprll 10th. 1908. entitled.
but shall read in substance
as follows Shall the Capital of the
State OF Oklahoma be permanently 10.
Gated as provided in State Question.
Initiative Petition No. II (lnsert here
humber petition submitting this bin
! Will bear).
|