The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-04-26
JOHN B. TURNER
ONLY O|SSENTER
Court Says IT Had No Jurisdiction in
Issuing Restraining Order Ex-
tended Syllabus.

Oklahoma City, April 25. = The
charges of contempt of court preferred
in the supreme court by T. c. Fluke ct
all against Adiutant General Frank NJ.
Canton. on the ground that General
Canton had disobeyed the provisions
of restraining order issued by the
court were dismissed Thursday in an
opinion handed down by Justice r. L.
Williams, all of the members of the
court coneurring with the exception
of Chief Justice John B. Turner, who
dissented on certain features only
The charges of contempt were filed
by persons interested in the new town
site at Jay. Delaware county. and the
order restrained Adjutant General Can
ton who was acting under the direc-
tion of Governor Cruce from removing
the Delaware county records from the
new townsite of Jay to the old townsite
which was designated as the county
seat in an election held four years
ago. The order was wired to Grove
and was received five hours after the
records had been removed, but there
was an additional clause directing Gen
eneral Canton to replace the records
in case they had been removed. Act
ing again on instructions from the gov
ernor General Canton refused to re-
place the records at New Jay
The Proper Method.
In the opinion the court held that
the proper method to have pursued un-
der the circumstances If the governor
was convinced that Old Jay was the
right place for the courthouse, would
have been to direct the county attor-
ney of Delaware county, or the attor-
ney general to bring suit in the name
of the state to compel the county Off
GERS to make the change
While holding that the civil authori-
ties have jurisdiction over the mill
tary, the court held also that It had
no jurisdiction in issuing the restrain
ing order which is void. The syllabus
of the opinion which covers twenty
two typewriter pages follows:
"1--Under section IA, article 2 (Bill
of Rights of the constitution of this
state, providing that the military shall
be held in strict subordination to the
civil authorities, the state militia in
active service and every emergency
which arises therein is subject to the
control of the civil authorities.
"2-The courts of this state having
Jurisdiction may at the instance of any
person who has been aggrieved or on
behalf of the state, inquire into the
acts of soldiers or officers of the
militia of this state and determine
whether they have been guilty of any
conduct that would subject them to
liability or punishment
"a member or officer of the state
militia as soldier in sctive service
is not relieved from civil liability for
his acts while so engaged. on the
ground that he acted in obedience to
an order received from the governor
las commander in chief through the
regular military channels.
Self Executing.
'4--A judgment of this court rem
dered under authority of sections l6
and II of the aet of April II. 1908 con-
ferring exclusive original jurisdiction
in this court over all controversies
arising under the provisions of said
act. wherein the county seat under a
certain election held to locate perma-
nently the same in Delaware county
was determined to be at the place OF
Jay was self executing.
"(a)-This court has not original
Jurisdiction to restrain the adjutant
general Of this state from interfering
with the county officers of said county
in the location of their Offices and the
paraphernalia of their Offices in any
Ipart or building in Jay.
"(b)-This court having no jurisdic-
ton TO issue the restraining order
such order having been issued with
out such jurisdiction is void and no
contempt could be committed in refus
| ing to obey such order"
The point on which Chief Justice
Turner dissented was that which held
that the court is without jurisdiction
to issue the restraining order, but be
concurred as to the balance Of the peti
tion.