The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-28

Prohibition Is the ptaper rtiiis
Al. where ~ inferior ef,Hi's ~
sumes to eScfclsa ludiclal ps#Jt
nDt gfaniti li,i lawa0gais #sif'tips k
inp 10 make af cvctasian ana in
autae4izea application o. juAlci&
force IN N canSc olhsfwiec pfols
srly cogalzable BY II.
But In that ease. there MAS ~
6ceu1tc remedy bN apreal ~ reil x
by that means couiI not bc afforded
nth fsnel Judgment wss rendered y
lan case.
III .EYhns h. Wliip CtFtrtT Jrdgs
Nh 0.sia sl4, II Ndas bEli ily tal0
ecrrt
Upon Hn laforniation pufport-
Ing y have been uraseplA,l by
agriiyate persen. neither tlh pfoss-
ecuting attorney for ths connty
nor an@ etter officer tferefo ail-
thorl1cl hlving cSli'hied same
the lowc,' cnrii havlug, No inris.
dietlon 10 hear OF determiDc sncn
oagc "a sa'A Information, and
there beihg a1 othef Nlain. greedy
and adequate remedy q Inv cnr
the relator his fcnedr II ~ writ
OF prohibition to restrain action
thereon.
In Morrison v. Brown. Judge, e. al
jag (Oil.l l,ac. %, this court held
Prohibition. 'brins an eNtran-
binary writ canaot ba r2s9rled 10
whcn ordinary and usual rem ainS
propidcd hy law are available.
Independent of c7ycrnor's contrcl
llndor to- constitution. or 0klafo
Ga which nroyides for the election
of stnte. county and tnw7shlp exc
outiye officers alike by the peop's
he state executive officers below t'is
governor, with few exceptions, arr
as independent OF his control IL tlie
performance of their duties IS aFe
the officers Of the colinlleg or OF tiis
townships.
Ser. j, art. 6 OF the Constitution
Provides
The cxccutivc authority ofasllc
state shall be vested n Gov,
crnor. Lieutenant Governor, Sec
retaly OF State. state Auditor,
Attorney General STATE Treas
urcr, Superintendent Of Pub.;e III
sfruction. Stale Exainlneg and Ia
spcctor chlef Nina, Inspector.
Commissioner or Labor. Commits
sloner Of Charities and cci4ec-
tic vs.. Commissioner Of Insuranrn,
and other officers provided BY law
and this Constitution. such Of
whom shall keep his office an6
public reccrdi, books. AMI paper,
at the scat OF government. and
shall perform such dutie. IS H.ay
be designated in this Consultation
Or prescribed .by law. (
!. Sec. . also nrosidcs se
The supreme executive sFower
shall be vested IN a chief mae:s-
Z tratc who shall be styled Tbs
Governor OF the Stale OF Oklaho.
MAJ
Where the Seat Of Government Is.
None OF these officers In eafrylA,
ltnt the mandate OF the constliuti ii
10 keen his office and public, res
Ecrds books, and papers at the scN
lnf government acts as the agent G
t.fe governor. This mandate Ito eaa
inf such officers separately in fyo'
liseveroisnty Itself. and the detcrpr
uation of where the capital Is. is
judicial question.
"A political right Is a right eSe
c:sable in the adninistratiph oIsgo'
| ernment.' t,ss ~.
| Political rights consist In the .pov
Ter to participate directly or iudircc
~ in the establishment or inanag'
ment OF. government"
Tho question as to where the sc:
of government Is. may be a MIKE
lquestion OF law and fact or purely
question Of law. The seat of goycrl
rent is fixed by either organic :
lsiatutUry law. and the Judiciary co.
Istrucs aud nltcrprets the same.
| In Maberiy u. Madison, l. Crane
| 49, the Supreme Court or the Unite
States, speaking through Chief Ju
! ice Marshall, seid:
| 1t is emphatically the province
/ end duty Of the judicial depart
! ment to say what the law is.
4 Those who apply the rule TO par
| ticular cases. must of necessity
i expound and interpret that rule.
i If the laws conflict with each
4 other, the courts must decide on
fhQ unpraiioI uf each
So, If d law be iu opposition to
he constitution. If both tue law
and the constitution apply TO a
particular case, SO that tho court
must either decide that case con-