The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-15
URGENCY OF QUESTI6<%
PRESENTED TO TRIDC. :;
Matter Taken Under Advise
ment and Decision VIII Be
Given Monday
(By Associated Press)

by ASSOtldltu 4 lGpnJ
Washington, d. c., Mar. Al. II,
Bulford, counsel for Guthrie to-day
formally applied TO the supreme court
of the United States to advance Tor
argument ard submission the Guth-
rie-Oklahoma City state capital case
now pending in the count on a writ
of error. The court probably VIII
announce its decision Monday 10
fail to advance this case says Judge
Burford means that the case will not
be disposed Of prior to 1918, the date
when the congressional Limitation as
to the location Of the STATE capital
will expire, and the CONFUSION and
uncertainty now attending all pubic
acts Iii the state during a further per-
iod Of two years will continue TO
exist
The case should be advanced, cons
tinues counsel, for che further rea-
son that If the act OF congress is
birding then the executive, legisla-
tive and judicial departments Of tne
state government are now conduct
ing the governmental functions and
trarNactirg the public business at
a place which is not the seat OF gov
ernment. If our legislative acts, judg
ments and DEGREES 0 fthe courts and
acts of the executive officers and de-
partments are yo.d, or even cloud
ed. the results are 50 appalling and
widespread as to affect the general
public throughout the entire United
States ,he asserts
Split Is Feared.
Great interest attaches to the liti2a-
ton because of the states rights fea-
lure which is calculated 10 draw
sharp division between the northern
and southern members Of the su-
preme count just as was the case in
the supreme court of Oklahoma when
three justices wit hsouthern ante
cedents sustained Ohe state in it's
transfere of the capital from Guthrie
to Oklahoma Citg before 1913, the
date fixed by congress. The two
northern justices held the converse
of the proposition to be true.
The supreme court is composed OF
nine members, five of chem are from
the north and four from the south.
Ii there should be the same division
in this court as that Which character
lied the rding Of the supreme court
of Oklahoma, ii would then seem that
the capital will go back to Guthrie
and stay there until 1918, as provided
for by the enabling act.
Judge Burford in his brief declares
that II the decision OF the supreme
court of Oklahoma should stand, it
would overturn the practice Of com
gress in dealing with every state adj
mi ted in the past century. This de-
cision, he says, not only declares the
capital provision Of the Oklahoma en-
abing act which prohibits the state
from making any appropriation OF
tle states revenues for the constrnc-
ton Of a permanent capitol build
ing until after 1913, which prohibits
polygamous or plural marriages, that
requires the state t oprohlbit the sale
manufacture of and traffic In intoXl-
eating liquors in that portion of the
state known as lndlar Ierr,ory for
a period Of tWenty-one years, that no
taxes shall be levied upon the prop
ertyseof the United States that the
public school shall be free from sec
tartan control and conducted in the
English languages, that the state
shall never enact auy law restricting
or abri1ging the right Of suffrage on
account Of race color, previous con-
dltlOns Of servitude
III the desic.on in this case is the
law" he asserts, then the provisions
ir the enabling act admitting Utah
as a state which requires perfect toll
GRAFTON Of religious sentiment, and