The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-08-04
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When Is ! city oovernmral7

Eait0r Leader Let me suggest i0
Mr. BurfOrd and Judge Huston fhat
their contention III regard % the ga-
lidity of the present soeailed charter
government Is wholly untenable
III tine first place, il the election Tor
the adoption of the charter was in
valid, then there are no offices Great
ed Dy it 10 fill. and no detacto officers
couhi possibly exist 10 claim non.ex
isting office
In the second place, suppose iile su-
pfeme court should hold that the ehaie
Ter WAS legally adopted, but that the
election for commissioners was void
because it was not held under and in
pursuance of the state laws govern
( ing all elections in cities Of the first
( class--what then2 Would the com.
misW0ncrs now acting and claiming
to have been elected be de4acto off
( GERS until another election could be
held for commissioners?
/ The answer Is no, most enphatical-
/ 81 no.
! Article "A. 0f the charter provides
I THAT ihe foregoing charter and the
| municipal government hereby created
| shan remain in allegiance after its
| doDtion and approval as provided ~
| the constitution ard laws oi thls state
until after the FIRST election aud qlali'
icati0n 0g ffe officers. which bE gAe
provisions u III caartel are required
to be elected. and the present mayor
ana clt, council oi said city az Gnih.
| rie shall, until after said first election
| continue To possess and exercise the
powers and duties imposed On them bg
lawp
The language q the foregoing pro
visions OF The charter is too plain aud
| easily understood for argument The
language constructs AseE 10 me aver.
age mind
Notice the language quoted from the
charter "The foregoing charter ana
municipal government hereby created
shan remain ln abeyance after its
| adoption and approval etc, pntll at-
| Ter lhe first election and qualification
4 p the Officers Which by the provisions
0f said charter are required ~ ~
elected
So. 10 fact. there are no legal aiiie
IS 20 fll. nnder the charter nos do the
offices become existent until coma.
missiuners are elected aud qualified
The moment the commissioners are
guly and legally elected ard duly and
/ legally auaiifY. then iHe Offices ln
| altimg. or n abeyanee spring lbta
| being. snd then and not uuili tAeH
/ does the office % commissioners
/ have a legal and valid existence or
| creation
Suppose the charter ls held 20 te
I legally adopted. yet no office is there
by created until AFTER ihe election
and qualification ~ the commission
ar The charter itself provides ihat
it shall remain in abeyanee un1l
/ adopted and approved ass provides hF
/ fhe constitution ard laws 81 tHls
state Was ihe election for the
/ adoption Of the charter held under Tie
aWa and constitution of she state
/ Nasf certainly uot Was ihe election
for comm.ss toner's held under fbe Ha
| and constitution of thla stlfet Sol
| Nor was slca election held under aaf
/ law. 81 was he.1 .de tae laT. aul
/ ufe.endediy under TIE provisions ol
| The charter which nas n1t ln etlst
/ nee. and fhe provisions Qf iha char
fer providing for holding election.
never Fere ~ could De- law until tae
| constitution and tae ilEs ~ ere State
are rsi.csl.Y changed
/ In mF opinion iae only EiEe eulrz rze
would have been to leave alone ths
admittedly valid ci-F government an
lfu fhe rene court passes upon lle
| questions involving fhe validity u taf
| adoption lf tie charter and Ore e.ee
tlon ~ ffe comm 7flcner- There 81
eraFe danger ttaf al t1e acis Pr fnt
/ .1mn 'sslancfs are tn.i. aigtel
/ 0id lr n8 sieW of the case ean fhel
- teid 60 y tt-' $50 ufiicFr. n ta
l-urra8e co1rt follows fhe ilst alI
ri,ltan 0f tae state .l tte .n.4r
| m p handed doau
$50 one Questions Hr doubts Iaat f'
court al ularld She Constitution aa.
lass ul ile state
Whr .s resgonslle lor fl.s td
se ttaf aas la-at al-llf aH
nefrtairfr lri toriasl-r iu orr t.r
erreuuan au strictly 'n f1Ee
af commission form flr fte eFer
nenl az our ers aF 'ar preferable e
the corrupt Nard lcelers socai "a