The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-06-29

s''''' - ~N''''f 'A'4AN -" NbuA
decisions are not always the law" i.
maxim laid down by Attorney
Thomas c. whitley of Guthrie in
his petition TO the United States su
preme court asking a rehearing in
the case of W. II. Coyle VS.. Thomas
p. Smith et al, or far better known
as the Oklahoma capital removal
case. whereby She states official
headquarters were transferred from
Guthrie to Oklahoma City The SUI
preme court recently upheld the
transfer.
After laying down the above max
i'm. Mr. Whiteley continues: Man
no more makes law than the molders
of brick who form them from the
materials placed at their disposal by
nature. Constitutions and statutes
are framed from principles eternal
and courts by the square of reason
and the compass of truth ascertain
and apply law for mans benefit And
for errors committed Justice demands
correction for the good OF the courts
and the happiness of man"
Mr.. Whiteley shows the diversity
of conception of constitutional an
thority in the nations growth from
the foundation OF the republic down
10 1861. In the first period it was
conceded its powers were derived
from the states From 1861 down 10
April 81, 1898. the beginning of war
with Spain, all power was regarded
as derived from the people, and by
the acquisition OF the Philippines the
states became no longer confined to
American territory, but embraced
the possible conquest of the entire
civilized world. He contends that this
construction of the constitution was
q national growth almost universally
shared and that these changes were
effective without the dotting of an
81" or the crossing of a "t,' not
by pursuing the manner of making
amendments, as that instrument re-
quires. and that such universal ac-
Quiescence in the construction of that
instrument iustifies the method with
out pursuing its formal demands
therefor.
1t is pointed out that by the con
veyances from the states Of Virginia
and Georgia to the United States,
congress was created rs trustee to
execute an express trust-resuicting
its authority to a temporary eXer-
else of federal power over the terri
tory out of which the proposed states
We're to be erected on the territory
conveyed as fast as 10000 people
could be settled upon any of the
given territory of not less than 100
miles and not more than 80 miles
square, prescribing terms and condi-
tons, and all this the courts held
was done and authorized by Sec.
3. Art. ", of the federal constitu-
ton
1t is shown that territorial limita
tions and sovereign powers are CO.
equal and coeyisting at the one and
the same time as between govern
ments: that the REIMBURSEMENT OF
the former is the eXtinguishment of
The latter, and that if they may re-
linuuish to each other these, then
the lesser power or suspension is
necessarily included.
cites State of Texas.
Mr. Whiteley shows that Texas in
its admission into the union enjoys
a distinction that no other state pos
sesses. That Texas fixed her own
boundaries, retained her public do
main and reserved the right to carve
four additional states out of her ter
ritory. If Texas may share more than
another state, may not some other
state be shorn? Does not the power