The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-18

Senator ROddIe Questions Power
Of Supreme Court to Set Aside
ACis Of Legislature
Special to Daily Leader.

Oklahoma City. Okla. Feb IT,
Declarations that the supreme court
Of the state had no right TO decareI
unconstitutional law passed by the
Legislature. were made on the floor
G. the senate Thursday afternoon,
but did not seem 70 meet with the APP
proval Of that body, only five !en-
ators voting in favor Of the PROPOSE
tion which was intended to bring the
legislature into conflict with the an
nounced opinions of the highest
court OF the state
The matter came ND In connection
with the appropriation bill for new
buildings at the Oklahoma Agricul-
tural and Mechanical college at Still
water, on a proposed amendment to
place the expenditure OF the money
in the hands of the state board OF
affairs, instead of the board of agri-
culture. as provided in the bill 1t
was explained by Senators Jones
and Kendrick. authors of the bill.
that the supreme court had already
held that the bill creating the board
Of affairs was void insofar as it at
tempted 10 take away any Of the iur-
isdiction conferred upon the board
Of agriculture by the constitution.
It was then that Senator Rodde
declared that it was mot within the
prerogatiye of the supreme court to
walk over the legislature any more
than it is in ours to walk over it.
Senator Thomas came to the defense
OF the recognized powers of the
court and was asked if he thought
that the supreme court is greater
than the legislature
The supreme court Is not greater
than the legislature, he replied, but
the constitution is greater than
either the supreme court or the leg
isature
Another further declaration by the
mover of the amendment as to the
independence of the legislature and
the usurpatiOn of powers by the
court. the amendment was defeated
by an Overwhelming vote.
The bill, as advanced to third read
ing, carries an appropriation of $10G,-
600 for 1911-12, including an engi-
d.tion to creamery building, and de-
/ ficiency for completion or dormltories
and $4,000 for 1928, covering the
chapel and library building, remodel
ing old chapel for class rooms, and
remodeling shop and foundry build
ing, The item for an engineering
building was included in the appro
/ priation made two years ago. but was
vetoed at that time by the governor
The senate killed, by an indefinite
postponement, the Goulding bill, yar
idating certain instruments of writ
ing in which there had been tech
nical Irregularities Of execution
The Thomas bill for the protection
of the water supply of the cities O
the state was passed finally, but VIII
the Eggerman amendment exemptlne
all city sewer systems now construct
ed which discharge into the streams
OF the state, which virtually defe ted
the original purpose of the bill.
The conference report on the conn
ty division bill was submitted to thC
senate, but final action on il was &c
ferred. The senate passed bill re
pealng the county division law en-
tirely. The house substituted anoth
er. making extensive amendments tC
the present law The conference re
port is based in the main on the
house bill but purposes still further
amendments.