Pauls Valley Democrat. (Pauls Valley, Okla.), Vol. 7, No. 35, Ed. 1 Thursday, November 17, 1910 Page: 1 of 8
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AULS VALLEY DEMOCRAT.
VOL. VII.
PAULS VALLEY, GARVIN COUNTY, OKLA., NOV. 17, 1910.
NO. 35
For Health. Wealth. Happiness and for the Liver Take a Robinson's High Ball. For Sale by All First Class Drug Stores.
GUTHRIE WINS
CAPITAL
Ljecision from Supreme
Court Tuesday
the 1913 clause of the foTmer"Became
a compact between the United States
md the people of the proposed state
which can only be rescinded by the
; common assent of those who were par-
; t,cs thereto. That this compact should
be protected by that sacred regard for
plighted faith which should be cherish-
ed alike by individuals and organized
communities"
Thu enacting portion of the Court's
decision is as follows.
BILL FAILS.
Where, in a suit to retain certain
state officers from removing any prop
eity pertaining to their several offices
Guthrie. Okh„ Nov. IS.—Guthrie
wins the capital. Such is the result of
the supreme court decision here today.
The test case decided was that of Thom-
as P. Smith, secretary of state, vs the
state of Oklahoma, ex rel. James Hep-
burn, county attorney of Logan couDty. from the city- of Guthrie, and from do-
The secretary of state appealed from ' jng any official act at any other place,
tempcrary injunction issued bv District | on the ground that the initiated bill un-
Judge A. H. Huston of Guthrie, re i der which they were attempting to act
straining him from moving the records: —
of his state office down to Oklahoma!
City The supreme court denies the ; J
appeal and sustains the injunction I
The court field that the Enabling Act | ■
was merely a law, subject to repeal as I
anyother law and that the ordinance B
locating the capital till 1913 was NOT I jg
' I
irrevocable.
But the court holds that the ballot i
used at the capital location election j
June 11 was not legal, since it omitted
the caption, "Shall the capital be lo-
cated," and "Where," and afforded
him no opportunity to exp ess his will
as to the other contents of the bill
such as the creation of a capital com-
mission. appropriation of $600,000,
etc., and further holds that the bill it-
sell,'it being a single measure contain-
ing several alternative propositions,
cou'd not be submitted under the
procedure t,ow prescribed by th? leg
islature for holding elections under the
initiative and jeferendum.
THREE OPINIONS.
The decision consists of three opin-
ions by different judges, all concurring
in the
11 was void, but differing on some of
the interior reasonings.
Associate Justice John Turner wrote
the chief opinion; Associate Justice S.
W. Hays wrote a concurring opinion in
which Chief Justice Jesse J. Dunn and
Associate Justice Robert L. Williams
said commission a body corporate with
powers to sue and be sued, (9) em-
powerseaid commission to purchase
laud for the capitol site and locate the
state buildings, (10) authoriies the
commission to exercise the powtr of
eminent domain, (11) empowers said
commissions to select land belonging
to the state for capitol purpo«e and to
cause the same to be appraised aod
payed for by the state, (12) authorises
said commifsion to plat and sell the
lands thus acquired and creatd a build
ing fund, (13) empowers said cornmis-
son to employ engineers, architects and
clerical at the expense of the state and
fix their compensation, (14) empowers
said commission to enter into a con
tract for the construction of a capitol
building, subject to the approval of the
were attempting to act without authoity whether the legislature will vote to lo-
ot law which, if pernitted, would in- cate the capital at Oklahoma City,
volve an unlawful expenditure of the | Such a bill could be adopted by a bare
moneys of the state, it was not error | majority vote, but it would be subject
far the trial court to grant the tempora- j to referendum unless adopted by a two-
tv injunction complained of. , thirds vote of both honses and it is
We are ttoerefore of tbe opinion that considered doubtful whether Oklahoma
when the initiated bill failed of adop j City could mustes enough strength to
tlon for the reason that the same was j accomplish this. The field will be open
not aabmitted to the electors at the j in the legislature for all aspirants (or
polls for their adoption, that all the capital honors to enter the race, and
questions voted on fell with it leaving I several that were shut out under the
no law on the statute books providing provision of the Oklahoma City bill will
for the removal or furnishing procedure
for holding an election for the submis-
sion to the electors of the state he
question of the removal and pennaneat
location of the capital of the state and
that as defendants were attempting,
without atthority of law, to change the
Our Fall Wall Paper Clearance Begins November 3rd
WE sell wall paper every month in the year and carry a complete assortment the year
round but during tho winter months reduce the quantity of each grade as much as
possible to sava space and in order to have room for all new good.** in the spring. In or<
to make our fall clearance effective we offer real bargains. We make
Prices that must appeal to anybody needing wall paper
On our very latest and best paper we give a discount of one third off. Nothing is ithhcid.
You get your choice of any paper in stock at this marked reduction. Papers that nave
been here for some time or remnants and broken lines we sell regardless of cost. You get.
these papers at
Less than wholesale cost
If vou have now or will have later any need of any wall paper you should tak^ prompt < '
qantuL • of this salo. Tho reduction are large, the assortment is large and t.ho i > siii*
Sale starts Nov. 3rd. It stops when our stock is sufficiently reduced
Us Rexall Remedies C. P. BRUCE, "The Live Druggist"
Use S.W.P.
doubtless get into the game.
This makes practically certain that
if the capital is located by the legis-
lature this actiou will be referred to a
vote of the people and it is possible
that a number of candidates in the leg
islature would confuse the opposition
to Guthrie to nuch an extent that no
removal bill could pass
It is possible for the governor to
I'OLvoke lejctslnture at Oklahoma
Ci*v or at any other place than the
capital under the provision of the con-
stitution that permits such action when
! he considers that the public health or
safety demands so Under the con
titution it requires a two thirds vote to
remove the legislature from the place
of convening so that if it is convened
"-'ther at Guthrie or Oklahoma City it
will not be an easy matter to adjourn
to another place
Notice
| W. L. Dtlland Dentist office
over postoffice, all work guaran
teed to give satisfaction. Sea
me about your work.
Pauls Valley, Okla.,
had never been adopted by the people
general conclusion that the June at the polls, it seemed to be within the
contemplation of said bill, which, in
effect, provided: (I) For the pernna-
' nent location of .he capital of the state
I by election, (2) makes the place re-
ceiving a majority of the votes cast at
, that or a final election the permanent
I capital of the state, (3) declares three
agreed, emphasizing Justice Turner,s j certain cities candidates for the perma-
chief conclusion and adding the point nent location of said capital and pro
that the capital bill, containing as it did j vides the form of ballot, (4) authorizes
several alternative measures covfld not I any other city, town or place tobe-
be submitted under ihe present It ws;; come a candidate upon petition, etc ,
Associate Justice M.J. Kane dissented j (S) prescribes the procedure forasec-
voidance of the enabling act ond election in the event no canaidate
from the
and constitutional
convention ordi
nance.
Justice Kane holds that upon the ac-
ceptance of the enabling act by the
constitutional convention ordinance,
receives a majority of the votes cast at
the first election, (6) creates a state
capital commission to be appointed by
the governor, (7) prescribes their ten-
ure office, salaries, etc., (8) makes
legislature, (IS) makes an appropria-
tion of 8600,000 for the use of said
commision; to submit to the electors
of the state for their adoption or re
jection at the polls three questions, to
wit: "Shall it (the bill) be adopted,"
"Shall the capital be located," ant
"Shall the capital of the state of Okla-
homa be permanently located at: (one
fo three cities naming them); that said
questionf "Shall it be adopted," pre-
scribed by the act of April 16th, 1908,
S>;c. 10 was omitted from the ballot;
H eld that said bill was not adopted and
hence failed to come a law; Held
further, that an affirmative vote on
the question submitted, "Shall the cap-
ital be located" did not include an al-
E.-raative vote upon the implied ques-
tion not submitted "Shall it be adopt-
ed"; Held also, that as said officers
capital of the state from Guthrie, by
removing therefore to anothei place
their offices and paraphernalia thereof,
which said change would involve an
expenditure of public moneys, that an
injunction will lie to restrain such un-
authorized conduct, and finding no er-
ror in the judgment of the trial court
granting said injunction, the action of
that court in so doing is affirmed
RESULTS.
The decision of the supreme court
leaves the quistion the same as it was
before the Oklahoma City bill was vo
ted upon except that the court has de-
cided that the people may at any time
by popular vote or through the legis.
lature, locate the permanent capital of
the state. Guthrie is held to be the le-
gal capital until this if done.
There is much speculation here as to
Mr. M. M. Gubin of (Jubin
Dry Goods Co. is in Saint
Louis this week attending the
million dollar Lowonstein sale
at Rice Stix Dry Goods Co. Mr
Gubin expects to pick up some
great bargains at this sale and
will be in position to offer them
to the buying public at prices
greatly l>elow the market.
W.M. Cole of Whitebead a
reader of the Democrat call'd in
at the office Saturcay.
W. A. Davis of Whitebead
a reader of the .Democrat came
in and renewed his Hultcription.
W. C- Van Iioozer is in St. Louis
this week where he purchased several
thousand dollars worth of the million
dollar Lowenateiu Diy Goods Co. stock
sold at sacrifice prices through Rict
Stix Dry Goods Co.
He will give his customers a chance
to share in the benefit of his bargains.
Fay Stockings for Women and Children
heel,
and soles re-enfored; this
the
wear
Fay Stockings are made of six thread black cotton;
of extra heavy stockings; while the stockings are the medium weight they are the wear resisting kind, the best
school stockings made at the price of inferior qualities, the price . J25C
AMERICAN BEAUTY CORSET
In our extensive line of this excellent make will be found models of every type of figure, made of good cou-
til* and nicely trimmed with two pair of hose supporters and guaranteed rust proof boning. This is a very
special corset at — — "< $1.00
NEW LINE OF FURS JUST IN
The FREEMAN-SI PES CO.,
Tlit- t iirce to Buy
Good Goods Cheap.
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Lasater, Wayne H. Pauls Valley Democrat. (Pauls Valley, Okla.), Vol. 7, No. 35, Ed. 1 Thursday, November 17, 1910, newspaper, November 17, 1910; Pauls Valley, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc118341/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.