The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-02-10
limony Of o. r. smith. attorney to

timony OF o. r. smith, attorney to
the governor. that while he. o. r
Smith, was In ONO and Michigan. os
tcnsibly doing state work in come.
ton with a suit In Usage county
against the Indian Territory lllumin1t
ing Oil and Gas company. b. worked
for several days in taking deposition,
In the private case Of Governor Has.
koll and others. including Smith him.
scf, against Scott McRc"r Ids. tht
Hearst secret dgcnt Sr Wns nd
mttlng he did work for Governor Has.
Hell personally cOntended that most o.
his time was devoted 90 certain IL
yertigations of the state But he
produced no evidence showing that
he did work for the state. He testi.
fled that he had obtained information
to assist the state in gas case. but
refused to say what the information
was on the ground that he rad OBJ
tanned it under confidence ard hat
the suits in which II Is to be- rs.d
are still pending The principal O. r.
Smith charge is that he drew a war.
rant Of $3.50 for advance xprnscs.
March 20, 1909. on Governor HpSkcu's
order for the purpose of ma - al ~
vestigation for the state. D,' nmt ii.
atc.y afterwards went t. Ohio ana
Michigan TO take deposition IN tIc
governors private 'lsr
Governor Haskell himself intcrposed
no objections 10 questions asked by
the republicans nor to the lengthy
questions on immaterial points, and
only said at the conclusion of the
] hearing today that it was costing the
state about $l.j0O per day aud tha.
for that reason he would like for IL
To be over as soon as it was possible.
w T. Hutrhins was the first wit.
ness called this morning The testi.
mony as brought out by examination
by both the republican attorney and
Governor Haskell was as follows
About January 10, 1909, Governor
Haskell telegraphed Mr.. Hutchins "a
come to Guthrie on state business
Hutchins came over. He conferred
with the eoEc"uor. varIo.' H. Sllhto~:
and committees relative to the elec
tion laws then pending in the 1905
legislature and the question of tn,
state capitol removal. The governor
and committees wanted the advice o
an expert attorney on these questions
They did rot select a Guthrie or Okla
homa City man because Il resident o
either of these towns would have bee:
an Interested party Muskogee wa.
not a candidate for the state capitol
January ~. 1909, the governor reGues.
, I'd him in writing, TO brief exhaustive
p ly III" election law QueS ton, an + Tia
, removal e. the state apitC' urrstiua
. This LEGAL opinion Wy Hltcmius pr,
! pared at N.tskogeo a "a trln.mitt,d d I
{. Governor Ia. skell Ja"ni.y -
, iiutchins rendered To the committe
!. copies OF the request from the govern
: or Cor ~ - ~ and tla epiGiuh
' themselves The opinions were rea,
, at length by Attorney Clark Their
| are probably from 10000 to 2O,O0
| words in the two opinions. The read
, ing OF them developed that Hutchin
, thinks tic 'gr"ndiaih,r clause an
T. educational clause and the poll Ia,
qualifications for voters are all consti
tutional and that the state of Oklahc
ma is not bound at ali by the enablini
= act to keep the state capitol AZ Guthri
- until 1913. He quotes various decision
: to the effect that congressional =,
strictions on territories are binding
on states only SO far as the state vc