The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-01-07
ARGUMENTS OF ATTORNEYS
CONCLUDED LAST EVENING
Closes a Great and Lengthy
Legal Flight in The State
Courts

Every phase of the capital location
que stion Is now squarely before the
supreme court The arguments Of
Guthrie and Oklahoma City counsel
yesteryad closed a great and lengthy
legal fight in the state courts. The
court is to 90 into its regu ar esssion
next week aad will hardly be able to
sCtDe down to a determination OF the
While matter for over week
Guthrie position Is largely embrac-
ed in these propositions:
Guthries Position Defined.
/. The legislature and the capital
location bill were neither oI them
vail because the legislature was not
ca led in the manner prescribed by
law
p The legislators who took part IN
tha session at Oklahoma City did not
cone into office until the first of
.IarherH aud hence had no power TO
act at the time Of the speria! session..
3 Every other state but Oklahoma
has provided for a capital or seat OF
government in It's constitution; there
Is not a word about it in the Okla
homa constitution, and BY inference
the constitutional ordinance accept
lg Z the enabling act should be given
/ the same force and dignity OF the con-
stitution itself.
e. The location bill was special
act and no notice was given as Il a
4 ways required for special legislation.
s. he law was not Of uniform OPP
4 era Il over the state as II settled
/ the seat Of government and the state
capital upon one particular tract OF
land
g. The title Of the bill and the
/ bill itself embraced two subjects, one
/ the erection Of a capitol building aud
4 appointing commission to see TO It
and the other to change the states
seat eff government.
T. The bill as passed was not read
on three different days in both houses
as Is required by law.
s. Governor Haskell recognized
that the capital was in Guthrie by
coming here to sign the removal bills
Oklahoma Ctys Position.
/ The oklahoma City position Is that
the governor has a right toconyene
the legislature anywhere the public
/ safety demands. so that in time OF pes
! thence or disorder the body can meet
/ In quiet that the law regarding the
/ terms had been changed by Inference
! O that members succeed Immediately
i their predecessors on qualification,
/ that 0cati0n oil capital is Il mat
1 ter for the people and may be made
at any time the same as in roads
and county seats, that the public wei
! rare clause of the constitution Is in
4 the discretion OF the governor that
/ granting the dignity OF the enabling
act, it still comes under the power ol
! legislative repeale. If 1t is part ol
4 our law at ALL that the location act
! affected all the people and therefore
4 became a general and not a special
/ act
4 Arguments Of Attorneys.
c. G. Horn0r started for Guthrie,
attacking the revolutionary tactics OF
the governor and contending for the
integrity of the epaOllng act b. r.
Burwell followed for Oklahoma City,
4 i.Bhcldng the constitutionality Of the
roceedings taken by the sgyernor.
/ Frank Dale, for Guthrie spoke OF the
direct obligation Of 100000 imposed
upon the people by the act. ]. II
/ Burford summed mp the Guthrie side
CT the case, going over all the points
on both sides. w A. Ledbetter clos
ell fsr Oklahoma City, dwell ing CT thf
power lf the governor.
Five dags will be allowed each side
for filing additional bfiNfs.