The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-07-28
Alone not Subject TO Injunction The
Chief Executive of State May go Where he
Pleases buf Capital Remains at Guthrie
Until Courts Decide Status of Question
Governor Will Take no Action Until
After Consultation WithAttorneys
Complete Syllabus of Findings

wasted no time but read the syllabus
and adjourned.
AS soon as the news was flashed
from convention han to the city. the
noise began. A chorus of siren whist
les, automobile horns and revolvers
LASTED continuously until well into the
evening.
Under the present status of the
case, District Judge Huston will con-
ltinue the trial OF the application Of
County Attorney Hepburn of Logan
county for permanent injunction
against the removal OF the state books
and records on the ground that the
election on June IL was illegal be-
Icause of the form Of ballots used, and
1.-THE provisions of the enabling act and
THAT removal would be attended by an
unlawful expenditure of public funds.
The decision of the supreme court
is most sweeping and touched on al
most every phase of the state capital
question. Among other points re-
ferred to is that in regard to the pow
er of the government The court holds
1.-THE matter determining the legal seat
of government Is a judicial and not
! administrative which finding en-
ltirely eliminates the contention Of
EGovernor Haskell that Oklahoma is
, 1.-THE capital of the state. The COVER
/, Inor may go where he pleases. but
illegally his official acts must appear as
Having been performed in Guthrie II
lis stated that all the state officials who
have gone to Oklahoma City under
, orders from the governor win return
: Ito this city at once.
II In summing up that question Jus
4 tice Williams says;
In this action the question of juris
!, ldiction is raised squarely by the coun
e sci for the governor, and we conclude
:, THAT the courts Of this state may no
/; control the actions Of the chief exc
0 Icutive of the state. But, In SO hold
sling, it does not follow that the COVER
q Inor of a state is above the law. H
d and his acts are as much subject to tn
n law as the humblest citizen of th
/ commonwealth, but tribunal othe
d than the courts must be resorted to 70
l. a correction of his official wrongs,
r any, to-wit, the legislature. So far a
s his official acts may be contrary t
law and void, that question may b
/ raised by private parties before tn
2 courts in determination as to privat
rights when the governor is not
It party"
x The syllabus in the case, which sun
J. marizes the holdings of the court
II as follows:
1. The county attorney may brin
< an action properly triable in the diI
d trict court Of his county in the nam
T. of the state to enjoin state officer
IS other than the governor from misal
plying public funds or applying thel
le to use or for purpose or at plaC
al prohibited by the constitution or b
law. Injunction will lie at the suit {
te the state brought by the county alto
. ney as an executive law officer to el
IS join the executive officers Of the stat
to other than the governor from reno
h. ing their offices. public records, booI
s and papers from the seat of COVER
A. ment and expending the funds of Il
state for such purpose.
~ 2. The district courts of this sta
n. have no jurisdiction to control the q
ne tion Of the governor even In ministe
III fal acts.
cd 8. District court OF Logan coun
he has the powev to enjoin said officer
rs other than the governor from using
applying public funds contrary to Ia
st or at place unauthorized by law
at has Authority to enjoin such state Of
ro- GERS, not only from misapplying
ID, distributing such funds Illegally, b
gs also in connection Herewith to !
ed strain them from removing their
on fees and public records, books al
vs.. papers from the seat Of governmei
th The pleading in the action in the d
nd trict court of Logan county, which
ed lators seek by this proceeding in pl
irt hfbition to arrest alleging that 4