The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-01-09
COUNTY RECORDS
!. REMAIN At OLD JAY
For The Present, However. The Mat,
ter Will Remain in statu Quo
Might Be Called Clash.

Oklahoma City, Jan. 8. = Adjutant
General Frank Canton is en- route to
Oklahoma City, the books and records
rsf Delaware county are stored in the
temporary court house located in old"
Jay, and Assistant Chief Justice Hayes
of the state supreme court has filed a
dissenting opinion on the order of the
court Friday restraining Canton from
moving the records of New" Jay as
ordered by Governor Cruce. These
constitute the developments in the Del
aware county controversy which reach
ed an acute stage last Friday after
noon.
Governor Cruce ordered Canton to
remove the records from the court
house built by the townsite promoters
of New Jay to the building in the
original townsite, designated as the
county seat by the governors procla-
nation of January 3. The supreme
court Friday forenoon enjoined Can
ton, but the transfer was affected be
fore the order could be served on the
officer. The governor advised Chief
Justice Turner Friday night that the
entire state militia would be called
out to back up Canton if necessary.
Is in Statu Quo.
THE matter remains in statu quo
said Chief Justice Turner of the SUI
preme court today. Il understand that
General Canton had about completed
moving the records when the courts
order was served on him"
Didn't the court order require Can
ton to replace the records if he had
already moved them?" Justice Turner
was asked.
= "The order stated that if he had
begun to move them, he should stoE
and put back what he had transfer
red"
in view of the attitude Of Cover
nor Cruce, does the court contemplate
taking further action, or will any othel
steps be taken along the line of the
injunction?"
Whatever action this court might
take would not be influenced by the
governors attitude. Each represents
a separate branch of government"
"You would not characterize thi'
affair as clash between the execu
tive and the Judiciary, then?"
Il would not care to express al
opinion on that point" replied thu
chief justice.
Adiutant General Canton called Gov
ernor Cruce by telephone Friday nigh
and told his chief that he had beef
served with the order of the supreme
court.
well" said the governor "Yol
have moved the books haven't you?
,Yes," replied the general.
And you're ready to come back
aren't your
"Yes."
sWelI, come on back, and the cor
yersation closed.
The proceedings in the suprem
court were filed by attorneys repre-
senting Ed o. Cassidy former secrf
tarv of the state school land commits
sion and now agent for w. J. Creef
more of Tulsa, and others, who owl
the new portion of Jay townsite, wher
the court house ordered by the count
commissioners, was erected. The goN
ernor decided that the people had Yo'
ed to have the court house in te
acre tract-the original townsite 9
Jay.
At an election in Delaware count!
Jay. then uninhabited, was designate
as the county seat, instead OF Grove
Creekmore and his associates had pu
chased tract Of land adjoining tn
townsite. Recently this tract wa
taken into Jay as an addition.
The Wycliff boys, famous desper'
does, we're released on bonds furnisl
ed by the Creekmores and to sho'
their appreciation, worked hard an
long among the residents Of the coui
tv in the campaign preceding the coul
ty seat election. To their enorts
mainly ascribed the victory for ia.
which meant much to Greek more an
his associates.