The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-16
GOVERNOR HASKELL'S
POSITION IS CORRECT
EVIDENT THAT CAPITAL WAS
RIoHTFULLY CHANGED BY
PROVISION OF CONSTITUTION

There are so many different opia-
ions expressed relative TO Governor
Haskells unexpected and drastic
action in moving the state office
from Guthrie to Oklahoma City im'
mediately on the announcement Of
the preference OF the people on the
state az expressed by large major
fly last Saturday, that some Of the
best attorneys OF the city have
been looking mp the authorities and
!. gal status Of the case which just
now is the principle topic of dis
cussion
In the first place, the constitu
zion Of the state as adopted by the
people, approved by congress and
the president, gives to the state OF
Oklahoma sovereign powers TO con
,f0l It's own affairs without the In
teryeution Of the federal authort-
ties.
This constitution Ia entirely Ia
dependen, Of the enabling act, which
WAS simply the permission OF con
RYe-ss and the federal government To
Oklahoma to go ahead and form
state government, adopt a oonstt-
tuition and make provision for the
control Of It's internal affairs.
Whatever that enabling act may
have said relative to the location
~ the capital was merely temporary
IN form and incidental to the will
of the people Of the state In the
sUbsequent formation Of the cOnsti-
sutton AMI the state government
consequent thereon.
By the adoption and ratification
Of that constitution by the people,
by congress, by the approval OF the
president, the reference TO the loca-
tion Of the capital was abrogated
/ and annulled and the state had the
right 10 establish its seat Of gov
ernment at any place at any time,
That this doctrine has been upheld
by the supreme court Of the United
States IL uBdOubted by those who
have made close study Of the
question and there have been sever
al cases in which the principles in
vOlyei are directly In point and
have been sustained by the Opin
ions OF the court
Oklahoma was admitted to the
union N an equal footing with all
the rest of the states and unless
/ the provisions OF the enabling act
were embodied In the constitution
they were entirely abrogatet and
/ repealed by the constitution itself
Ak adopted by the people, approved
| by congress and the president.
| The constitution became thus the
supreme law by which the state
was 10 be guided in its future ac-
tions and is today the only power
that must control the state in its
legislative and executive functions.
With this point solved, the only
remaining questions are what are
the rights Of the people and what
are the rights OF the governor un-
der that constitution
The referendum ia a right guar
antced to the people Of the state
by It's constitution.
The people can amend the consti-
tuition by referendum submitted
under an initiative petition.
The constitution places no re-
strictions on the right OF the pco
pie to choose a seat OF government
at any time or to any place
BY legislative act the question
Of this removal and location was
submitted To the people under the
provision uf the constitution reqnir
ing a referendum vote.
1t was the regular process pre-
scrfhob hy the terms II the cons;i.
tuition and was legally submitted
This submission resulted IN the
peoples voting for the change aud |
the new location by an overwhclm- .
ing majority and according Ia the I.
terms Of ihe constitution became I
Immediately operative on the cast
ing uf the vote. according to its .
Interpretation by some Uf the bes' .
authorities on legal questions in
this city
The section which applies to this
matter is section 81. article 5. and
thc concluding words of the act ap-
ply @trectly 20 the case l.
point as follows. Any measure ge.
terred TO the people by the initiative
shall take ef3ec, and hc in force when
It shall have been approved by ma
iori.y of the votes cast I'm such clec-