The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-03-30
ATTORNEY Gen. WEST
READY FOR HEARING

Guthrie, Okla, March 29.-Presen
indications are that Senator Bailey
Of Texas will be associated with At
torney General West in opposing in
the United States supreme court the
petition of the citizens of Guthrie in
appealing from the state supreme
courts majority opinion, holding the
location of the state capital at Okla
homa City. The Oklahoma court S
majority opinion was that the enabl
ing act is not binding. The case will
be argued in the United States su.
preme court on April 3.
Governor Lee Cruce and Mr.. West
are in communication at the present
time, relative to Bailey's employment
in the case. 1t developed that citi-
zens of Oklahoma City desire Senator
Bailey employed in the case and so
petitioned Governor Cruce, who loon
the matter up with West. The latter
demurred on the ground that Bailey's
employment would be discourtesy
to United States Senator Robert l..
Owen of Oklahoma, because of the
recent political tilt between the two
senators.
Brief Completed.
Mr.. West completed his brief We'd
nesday night for filing with the Unit
ed States supreme court sustaining
the location Of the capital at Oklaho-
ma, and against the binding of the
enabling act. He asks that Guthries
appeal be dismissed or the decision
OF the Oklahoma state supreme court
be affirmed.
In his brief Mr.. West makes the
point that there is no federal ques
ton involved in the Oklahoma state
capital removal case and therefore
1t is unnecessary for the United
States supreme court to determine
whether the Oklahoma supreme court
was right or wrong in its conclusions.
He declared that federal laws dealing
with local affairs We're suspended by
statehood and after statehood the en-
abling act can have no force and ef-
feet as to local state matters in its
character as a law of congress. and
such enabling act provisions have no
effect as a compact.
This last assertion he bases. he
says, on former decisions of the Unit
ed States supreme court. He main
tains that if there has been a breach
of the enabling act provisions in mov-
ing the capital, that only the United
States can complain and consequently
there is no case" or Controversy.
in which William H. Coyle of Guthrie
Tin whose name capital removal is
being opposed) can appeal, or of
which the federal court can take cog
nizance; that Coyle has no right that
court of justice may hear and de-
termine in this case.
Congress Exceeded Power.
Mr.. West contends that the loca.
tlon Of the state capital even tempo
rarily, was not within the power of
congress, and he adds that congress
cannot, proceeding from its own au-
thority, enact the law for the state
of Oklahoma, except the federal law
in that state, which likewise is in
force in other states.
Taking into consideration past de-
cisions of the United States supreme
court, Mr.. West says:
1T would appear that all of the pro-
visions of the enabling act are but
commands to the people of the state
and its provisions that in order for
them to have the force and effect of
law, the commands must be obeyed.
For if it is disobeyed, congress had
the authority to reject the state. If
1t is obeyed, still congress would
have authority to reject the state.
But when the state is once admitted,
the force of the law proceeds, not from
the act of congress, but from the state
law enforcing it. Therefore, the COM
pact is without force. The federal en-
abling act is in this matter without
force and all that is in force is the
state law presenting a matter of state
cognizance, not renewable in this
court"
1T will appear to be almost an Of
Tense against common sense to say
that the location OF state capital
was not purely and simply a state
affair" says Mr. West in his capital
brief
State Question Only.
THE location of the state capital"
continued Mr.. West, being so purely