The Oklahoma State Capital. (Guthrie, Okla.), Vol. 13, No. 309, Ed. 1 Tuesday, April 22, 1902 Page: 2 of 8
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' HE OKLAHOMA STATE CAPITAL.TUESDAY MORNING, APRIL 22,
I902.
1 Don't Wait I the Opinion
Come at Once.
Bid bargains waiting for you—our entire stock must
be closed out regardless of cost, and you'll have a
chance to buy
Millinery,
Shoes,
Ladles* Ready-to-Wear Garment.?,
Ladies' Furnishings
at actual cost price—time and space too limited to
enumerate the many bargains — come and see for
yourself.
?The GLOBE
114 W. OKLAHOMA AVLNUE.
Of Judge Burwell in Nor-
mal Case.
I
THE LAW IS QUOTED!
pvinwH ('riicri'dliiKii of Two <'niitnil* l<>tis 1
Mini FIimIh mi Order lo MhU.mk Per-
petual Injunction Xgnliint
ilenklnn Hoard.
I Fhc following in part the opinion of j
1 Judge burwell in the Suthwc.tcrn nor
nial cast. Some quotation* from an I
■ thorities have been omitted from this
' article:
j Territory of Oklahoma, Oklahoma '
i County. s>:
In the district court in and for sai l
county.
No. ,107.1.
i 'I lie Tcritorv. ex rel, 1'aylor, I'lain-
I tiff,
SUPPLKM ENT A L TR EATY.
Special Dispatch t« the Stale Capital.
Dcnison. Tex.. April ji. Judge (no.
M. Harrison oi Lehigh, a prominent .
Choctaw was in the city today. Speak- i
Ing of the supplementai treaty recent- :
ly agreed to between the Choctaw- I
Chick asaw commissioners and the I
Dawes commission at Washington. I
never be ratified by the Indian citizens ' ^ranite ,M' 'K ,t
of the two nations. There are provi-
flic, \i^LL.
Granite. April 10. Promptly at mid-
night Sunday night the big bit on the
Granite Lubercatine < Fuel Oil Com
pany lease on tne Joe Armstrong place-
struck the first blow on the bore which
1- t<> tap Nature's reservois of hidden
oil- wjiit h even the iptitnooic prodding
<>i the past two years lias sufficiently
demonstrated to exist in the great
This powerful
Judge Harrison said: "Th
uranue on hcit. This powerful com
pany. back as it is by some of the most
ion, in ,1 that will prevent its Kettin,- j ".".'i.'j'N "I'1 Prospect,„
1,1 1 he United States, wul undoubtedly
.wl ! !lirovt' ;,M important factor in the de
I velopnient of what is admittedly one of
most remarkably promising oil
'I he Ro dofra etaoinetaoinnt
The oRard of Education, ct al, De-
fendants.
DECISION RV JUDGE BUR-
WELL.
j This action was commenced by the
territory of Oklahoma on the relation
I of w. E. Taylor. as county attorney
I of Oklahoma county, in the district
court of that county, against the board
of education of the territory of Okla ~
| homa, to enjoin it front building the me. or with my administration, I felt
ol, at the that it was my duty to appoint mem-
Jap Rose
(thaoi mar*)
Soap
one-sixth pure glycerin, is
pure and perfect.
Cleanliness in manufacture,
pure materials and delicate
odor of the natural flower,
make it fit for my lady's toilet.
She likes it for a shampoo.
Baby finds it soothing tc
irritated skin.
wm.of thecountjr forw^.he, >
"ch office™' U were contempt J !•> public o^icer. Im-identallv tin- court
nri-t 1 impelled determine as to whet li-
the constitution of the
B JAMES S. KIRK & COMPANY
RAIN WATER MAKER—SOFTRNS THE HARDEST WATEfl
SEND TEN CENTS FOR SAMPLE
therefore be remembered that the
terms "officer" or "office" sho-.ud . i-
v. ays be defined in the light oi the ,,r
game law and statutes « t the navicu-
lar 1ate; but conceding the commit
tee were not officers, they con! I not
be removed for the reasons state I.
With this conception of the . at
bar. the next question is. would tV
defendants be in any better mosimou
it these commissioners arc held to be
public officers, and in this con lectio i
it may be said. I think, that they were,
111 a sense, officer*: but as to wh-ther
they were such officers as are c< itcm-
platcd in the organic act. for the- pur-
poses of this case, it is not nee ssary
to decide, because the act creating the
committee conferred upon the yov.-r-
tior the right to select whomsoev
chose and it took frni him no p
conferred by that act of congress: and
in express words it appointed the per-
sons whom the governor should ap-
point. which might be said to be the
giving of the consent and appr n il of
that body.
rocivet.e.dhtoqactferorcdietaoin**ta >in
But it is contended b\ the d.n •• !
ants that the right to appoint an of-
ficer carries with ii the inherent right
to remove hinia.nd. while it mu.-t be
conceded that some court- have \irtu-
ally declared this doctrine, it must be
remembered that this is not the ride 111
most of the states: and although it is
virtually true as to federal appoin'c-s.
! er certui officers have been legally
j removed, and as to whether those
claiming to be appointed as their suc-
j ce- -ors were lawfully appointed. But
' the real question in issue here is as to
whether the territoial board of educa-
tion shall be permitted to divert
000.00 of tlK public funds from the pur-
po for which it was raised under a
I law duly enacted b> the legislature.
Courts oi equit \ will never interfere
j with the due exercise ot the proper
functions of executive officers; but
'even the chief executive of the .terri-
tory may be enjoined from misapprop-
riating the public moneys or diverting
' them from their lawful use. and may be
11 ipelled in a proper proceeding to
perform a ministerial act: and the con-
tention that the territorial board of ed-
t ! ucation cannot be sued is without mer-
it. The converes wa- held in the case
of the Leader Printing company v.t,
I.owry. deeded by the supreme court
of this terrtio
judgment fot^plainti
THE SCHOOL LANDS OF OKLA-
HOMA.
A fifty page address outlining a
permanent polley for tholr manage-
ment. Tho biggest question before
the people of Oklahoma. At all news-
stands or by mail 15 cents. Address
F. S. Elder. Norman, Oklahoma
respectable following of the
7ensliip of tin* nations. The propor-
tions to seli the colt lanus inside of aix
months to two years is one < i the
worst features "f the agreement, and
would deprive the people oT much fu-
ture revenue. The coal lands are now-
leased for a period of thirtv years, ami
to ell them as provided for in the sup-
plemental treaty would be to sell them
to the lessors at their own price, for
no outside capitalist would tie up their
money for a period of thirty years,
and have no protection for the income
from the investment.
f think the Chickasawi and Choc-
taws made a mistake m leasing the cbal
lands for a period of thirty vcar-. They
should have leased them for the term
of years constituting the liie of the
tribal governments of the Chick , aw
and Choctaw people, and when the
government goes out of existence the
lands should be disposed of to compe-
titive bidders. This would have been
the be t way out of the trouble.
"The political situation n tfie Choc-
taw nation in somewhat complex. I am
in favor of Hon. T. W. Hunter, pres-
ent townsite comniissoncr for the
• outhwestern nomral sell
town of (.ranite in t.reer county, out j hers of this committee who, 111 my
of the funds of the territory raised by 'judgment, would be absolutely free
the levy provided for by the act of the from any bias in the matter. I do not
legislature, known as article 10 of chap- wish to intimate that 'he old commit-
28 of the session laws "i Okla [tee was biased* or t! S ,t would nave
fields in the world. A well on an ad
joining lease at a depth of 165 feel is
in a stratum of oil sand which yielded
when last pumped at the rate of 10 bar
homa for iqoi.
I lie facts in tins c.tso are pretty gen-
erally known by the people of'okla-
homa, but brilly stated, tluy arc as fol-
lows:
The legislature in iqoi. by article to
hapter «jH of the session laws of that
done other than carry out the intcn
ti on of the legislature as nearly as they
were able to know what that was. but
1 know that the people interested felt |
insiderable uneasiness and I feared
except those holding life tenure- , the ; „
president is unrest sifted. Therefor-.
the most that can be said of the con* j SANTA FE TO PUT ON
tention is that such is the rule in • ; , A NEW DENVER TRAIN.
Stat,-,, where "... re-tri.tr,I h, slat,,- T k Kao.. April 21.- Tho Santa
torv or constitutional uihimtions. But .
even in the absence of statues author- ,V has announced that on Juno 1 it
izing removals for cause only, u can. will put on a now 19-hour train be-
1 think, now be said that the general j t ween Kansas City and Denver, run-
on this question perhaps it would be
well to notice the contentions relied
upon by the respective parties and to
harmonize, if possible, the apparently
inflicting authorities.
The first difference between *'ic
plaintiff and the defendant i -; that
plaintiff contend that the commit -■
are public officers, while the def-nd-
aits claim that they are only emplov. ,
or at any rate, whatever their exact
that whatever location might be made | the'dfgnity"'"?'offWr^V''--
! rule is the other \
r
nlng daily. The train
ho com-
r^ds per uay oi the finest cruue oil ever vear- prvided for the establishment and
•vered in any field. A chemical rre£,i°n of ■' normal school in the
analysis of this old shows it to be tjq.j I suthwestern portion of Oklahoma, to
per cent pure and worth 15 times as 1 ')C known ■>'• "The Southwestern Nor-
inueli as the Texas oils for fuel, and j ma' School," and section 3 of the act
containing as it ,oes onlv eight tenths P^vides for the appointment of a com
of one per cent of sulpimr. the only of five t-i select a site for the
foreign matter disclosed by anatj sis", 1 establishment of this institution. W'e
almost pure grease it can readily he W'H here quote it:
-.-.-i. why the product commands the • "A committee consisting ol live men
H I '7 r" !'■ ' H"1'' "'K '• 'I" governor of he
i In Lubercating Conipanv is tuian territ< r\ - h-rehv . . . 1
ed bv 1 iiiec iL-o . -n.ii .i, - ■ —■ 1 1 1 , , 11 1 eby constituted and ap
i'r.'z.V"vr; Tu,'0^0,,d& <
under .he d,rcct_ control of the com- I auth,"^dT,d empLered ,o%Wect a !
site for the establishment of said nor
1 ma school, as provided l r in tlii
and within ninety days after 1
'■age and approval of this act. it shall
.... , _ ''lc ('l,tv °f governor of said
\ inita, 1. T.. April ^1 -Tho reports territory to appoint said committee,
oming in from tho four Cherokee en a,ll! ,Ir' *;ml committee, when
would not be satisfactory and result
as fortunatclv as though the person-
nel of the committee were changed.
"If 1 have omitted any duty in show-
ing due courtesy to the members of
the committee appointed bv Governor
Barnes. 1 hpe that you will excuse
the oversight, a- there was no dis-
courtesy intended, and the motives
prompting my action were as herein
stated and not of a personal char
tcr at all.
1 prohibit 1
rac- I and constitute the committee
•w; 5, 1 1 • 1 r 1 also designate the
Witu best wishes for your pcsonal ! should compo
pany s \
ager, C
ice president and general man !
II. Myer .
act.
FULL BLOODS.
Special Dispatch to the stato Capital
r. „ v I rolling parties aent out by the Dawes
gov.-rnor.""M';" l'l",nt«-'r wMh | «> ""roll fnllblood ('hero-
a good record before the people. The show that the lullbloods are be-
Y,8kahoniA party, that party whicli has j i 8 enrolled rapldy and tho parties
elected the principal chief for several are having no trouble whatever,
years, is ,p|„ th, treaty propositon. sa|ina r.uv I
and thg^oppositon. the union party, is
lned up with one wing of the 'ln hka
homa party. The winy, of the Tuskhii-
homas that i oponsed t< the treaty
could unite with te union party and
. welfare, 1
"Yours very truly,
"WM. .^i. JENKINS.
"Governor."
I Each of these committees visited the
after the uas ' southwestern portion of the territory
.- .: I between August 10th and September
joth. 1901. and each committee select-
ed a site for the institution between
so an ''lcse date-, the Barnes committee se
hall, between the "icntl. dav lri-U',(l ,hc ,0 " of Weath-
• - "rlrd and the Jenkins committee select-
At
' pointer
j of Atignsi. i<)ot. and the twentieth dav
ot September of «aid year., visit said
southwestern portion oi' Oklahoma ter-
ruory and select a .site for the c<tab-
lisnnient of said oSuthwestern normal,
v ucll site to be selected within one mile
elect the governor B- !v
favorable to Mr. Hunter.
"The convention
meets 011 Alav 7. t
dates for
if thesi
'
, , I TO hold primaries.
.If Atoka county Special to The Slate Capital.
cari.ii- | Arapahoe, Okla. April ji -The
CilSsK" -inVVi, ?r" ^!'"W «™;in;;";uj:;™„i,;:;
ffll-'Jf"14*"" •""l !.h«. 11 here ye.terday and adopted the prim-
thing the convention will instruct the
delegates to vote for M. Hunter
governor at the nominating: conven-
tion to be held on June 14. The Choc-
taw election takes place on the tirst
Wednesdav in August, at wine time
Representatives, senators and the gov-
ernor willbe elected, as well as county
officers, and at which election the sn^i
elemental agreement will b
# T , submit led I dates have been grcatlv handicanned
for approval or d, approval. I think."'by the action of the committee
fol.h, I'nftod Steles I of the crporate of an incorporated
revenue inspector, paid from $:• to 915 ' fu :l ai,d to contain not less than forty
to each family according to the mini- ,u rt's . °' laud. Provided that said
inYe' fami'ly "8 °her°k"" """""""
family. age as the board of education for .lie
! tcntory is pari and in like manner."
I-ursuant to the provisions of this
tatute. li'-n. M. Barnes, then gov-
ernor of Oklahoma, duly appointed aiul
coiiiinis,io:ied. on or about May 6th.
1001. the following persns as such com-
nnt.ee K. W. Southard. C. B. Ames.
Robert A. Lowrv. J. H. Stnie. and
M. Lade. Immediately after these
persons were commissioned fliev each
accepted the appointment and took the
oath and file.I the same with their ac-
ceptance. with the governo. On \ •
,otb. njoi. the committee met and
organized by electing a chairman and
■secretary, but on August Nth. two days
prior to .eli meeting. Hop. \\. m.
Jenkins, having sometime prior there;
been appointed
without makini
11 y election system for making
for | inations and fixed the date for holding
primaries September iRtli. This 1. not
altogether satisfactory to prospective
republican candidates, as the demo-
crats will put their ticket in the tie'd
May 31 si, nearly four months in ad-
vance of the republicans. It is said
by many republicans that their candi-
That New
overnor of Oklahoma
ig any formal order >
memoranda removing the committci
appointed b> C.overr.or Barnc>. ap
pointed a second committee, consist
George S. t'.reen, W. t.'. Teti
Wheeler. Luther Martin
bach of these gen
eepted tile appointnieni
>aih. and fiied the same
issued conunis
committee al
Need not be so high priced, but should be styl-
^ell made and well fitting. All the style kno'u-
^and all the tailoring knowledge we are possesed
|ve used in selecting theie suits. We hold
d, $12.00 and $15.00 suits up as models.
1 them are in the new Cheviot and Worsted
the leading fabrics of this season and the
fusible in a decade. Suits of other stuff at
' prices—some higher and some lower.
O.ir New Manhattan Shirts are exclusive
Pith us and have no equals at 51.50. Our Eacrle
'Shirt at $1.00 is the best 011 earth.
New Spring Stetson Mats in soft and stiff at
?3-50.
it <\oiiid Please us to Sne You in our Store.
Levy's Bee Hive I
CLOTHING 1,0 jsfc;
•>2*' €• t1 ###
rick. J. R
and ojhn Ivmbry
j tletnen al
and took
w ith the go. ernor. wh
! sions to ihem. This
,M ••'■nn/t •! 1 . ele cting ., chairman and
secretary On the same dav. August
i-Jtli. ,M've.rnor Jenkins addressed the
following letter to each of the com-
' V' *,l'i : Governor Barnes:
Mv Dear Si; I have understood that
V'UI bave made some expressions that
ndn ated that you telt you have not
been treated exactly right in regard
1 0 'appointment of your successor
as a member of the board to locate the
I 5 outhwe>t school.
It might have been better to hove
. (dressed you and tht other Mttnbei s
|o! the committee and requested vour
resignations, but m the press of busi-
i ness this was overloked. but I assure
you that I had no desire to hurt your
feeling■« in the matter. Mv ac, ,Ua
'jased 011 what seemed tn me a public
duty, and was purely a business mat
" I thought that the personal rela-
tions between us. and between nivsclf
and each of the members of the old
committee, had been such that no one
of them could infer thai I had a per-
sonal motive in changing the cinmiN
•ee. as our relations had alwa\s been
most triemlK I have been receiving
a number of letters of protest from the
parties interested directly in the loca-
tion of this school, expressing fears,
etc.. and I supposed that the circum-
■ an - - 1 the committee having been
appointed after the .late of my com
nii.s-.ion v.a prubably the cause of
some distruct oil the part of some of
1 these people, anil as the re ponsibilitv .
of the location will eventually rest with
ed a site near the town of Granite and
each committee made its report as prt>-
1 ided in th< act. K ich of these V«c*s
are such as to meet the requirements
of the law. and each place complied
with all the provisions of the lav. as
to ground, He. Governor Jenkins nev-
er communicated with any of the mem-
i bers of the oarnes committee verbally
or in writing except a -hovvn by the
above letter. There was :;ever made
by him any order cmoving the mem-
bers «f the tir t committee, nr was
nnj memorandum of any such actio i
'iC ' 111 ,l,r governor's oqTce except as
shown by the language oi the commis-
sions issued to the second committee,
which, except the names, is the same ir.
each, and is a follows;
Know ve. that reposing special
trust and confidence in the ability aii.I
integrity of George S. Green, of
Guthrie. O. T . instead of Dr. R \\\
Southard of Perry. O. T.. retired. I
have appointed and do hereby commis-
sion him a member of committee whit.li
is authorized ami empowered to select
a site for establishment
normal school, etc."
1 he members of the fir-t committee
had no notice t!:& fh^rrifPr Jenkins
proposed taking the action .vlucii was
'■ ' *n by him. except afterw irds, ^s
•1 b; the letter quoted, and tiv
:i taken by liim was stim vary. ix
parte aiul without a hearing accord-
ed to the members of the rest named
committee or eithc of them.
It also admitted in the record
that the Barnes commute
and have not been guilty
feasance in their position md have,
never resigned.
It 1- also admitted that the territor-
ial boat 1 of education had re. is. | to
recognize the location made bv the
Barnes committee, or to pro-ecd wth
the erection oi the said Southwestcin
normal .it the site selected tl.em.
but had recogu./ed the location in.ole
by the second committee and were, ; t
the commencement of this action, ,-ro
feeding with the erection oi ii - South-
western normal building on ihe •oci-
non selected In the Jenkins connuit
t°e; wen having plans and spec-fi a-
, tions made and were about to in ie
bitls for the construction of the bui'd-
j 111 g on the (i.amte site, and tint tiic
board of education had full kmv.vVdgc
I of the location of this instituu >.i .iy
the first committee near Weatherford.
I lie estimated costs of the buildings
about to be erected n the site at
Granite is $.55.01x100, which amount !
was raised by theflevy provided Cor tn J
the act. All oi the act and proceed- 1
ings looked toward the erection of the ,
school at Granite transpired at regit- :
lar meetings the territorial board
"f education at Kdmond in thi> couu- -
ty-
was exhausted by th
made hv Governor I
appointments having
other persons co;tld
pointed under any th
until 4 a vacancy occ
resignation of removal.
...... press order or by imp
'fig for the sake of argument that th y theory i, i:pp.-r ■ ! 1
are not officers, then what woultl be fact it is the univt
the governor's power? Wuld he have where t lie
the power to change them' I think
not. If they are not officers huts lim-
ply a legislative committee then, tinder
the organic act. it would be neccss n v
for the governor to make the appoint-
ment at all. but the legislature, in the
t^rst instance, could not nly creata
but it
persons who
it. If not officers, the 1
j the governor's pow ers are only such as
j are confercd by the act ifsel't. an 1 it
I cannot be contended that the language
jot the act expressly authorizes th. r
J removal. The statute provide that
I "a committee of five men. to he „p-
pointed bv the governor oi the terri-
tory. is hereby constituted and ap-
pointed, etc. From t • language it
will be seen that the legislature itscb'
constituted the committee an 1 p<v\i-
ot'sly appointed or ratified the sel-ction
to be made bv the governor. Takim*
the defendants' view of the -• .... !
where the ofTic
is appointed for a fixed term. As
which should be the law. in the ab-ence l'080'1 of new Pullmann throughout
of statutory or constitutional restric and will he in addition to the othor
tions « express no opinion. ( tra|ns now run on un0<
111 tills case, the power to appoint
eorv of tlu
mthority.
that.
on .-i removals
without cause,
be tri- tly foi
tates hold thaf
necessary; but
' to the effect
it may be ex-
ution
thorizing removals for
it amounts to
for any ther
and such statutes mus
owed; and most of the
notice and a hearing 1
there is some authori
that if the cause exi t
sreised without notice.
*ne organic act "i Oklahoma makes
no provision for the removal of ter-
ritorial officer--- by the governor, but
the legislature has taken up the matter
and spoken in unequivocal terms, and
w.iere a constitution is silent upon such
matters, the legislature has the un-
doubted right and p .wer to a\ whit
shall be cause for removing
officer. Let us notice the la
"Statutes of 1893. Section :^74. Tin
governor shall nominate, and by am
with the advice and consent of tin
a pub!
guage «
only be said that the legis|a ... ......
j ferred on the governor the poyer i 1
name the personnel of a legi-.-live
j committee, and I find no decisions
which hold that the governor of a state
or territory has the right to remove
or change the persons who constitute
a legislative committee, in the ah
sence of express statutory authori.y so
to do. To hold otherwise woul I be
permit the executive branch oi tin-
territory to usurp the functiris md
powers expressly conferred upon the
legislative department. Th-. -e n: .1 a e
not merely employes under the execu-
tive department but are either officers
of the territory or constitute a leym-
lative committee. It the latter, then
the governor's powers were exliau- « «|
and Ins entire duly pcriorined wlien he
appointed and commissioned the firm
committee, b.it if he made a misti1.,-
lie could not change it. The act ,vi-
Ilion-ing the selection of the comtn t-
let by the ROvernot wts regularly in-..-
est ed l>> the legislature and receiver! Ii-s
approval, and the languaRt authori .
ed linn to appoint a committee, a,id
then further in the act bv express la-.
Kuagc. constituted and appointed tile
j same persons as a committee for he
purposes named, ami it did not. -.-en
; by implication, authorize hint to ciian-e
their. The act
March Sih, n i. and
! it the duty (if the
••uncillors elected,
appoint and c
ed by a majority of all
•ot'iug by
... nimission
all territorial officers."
Section 5975 provides for the filling
of vacancies by the govern*
vacations of the legislature.
Section 5976:
"'ine governorshall hai
remove any offic
TO CURE A COLD IN ONE DAY
Tnko I-axatlvo Bromo Quinine Tab-
lets. All druggists renind th- rconay
If it falls to cure. E. W. Grove's sig-
nature on every box. Price 25c.
| INQUIRE INIO SUGAR TRUST#
I Washington, April 21.—Mr. 'teller of
Colorado, today introduced in the sen
at-* the following:
Whereas, t has been currently re-
prted that nearly the enlre crao «f
t ul-an • .jar has ben purchased and is
now lield I" what 1 generally known
as the sugar trust, which is the princi-
pal consumer ol raw sugar in the Uni*
ted States, and that any concession giv-
en to the riis<r of cane sugar in the
• -land ' : < il.a or any measure intend-
ed for their relief by admitting t heir
sugar at reduced rates of duty into the
' nited States will only benefit the su-
gar tust. and that the Cubans will rc-
ceive no real benefit from such ences*
sions, and,
Whereas, It is alleged that a number
Me citi/en- ,,f t|u. I'nited tSalcs
ve acquired I, • ;e holdings of cane
producing lands „i Cuba and are now
pi ally urging the reduction of dutv
"ii sugar, under the claim that such
rennet ion will benfu the people of Cuba
Re
be
during
chargi
pow
appoint)
eteni
' I bat the 1 ommitte on re-
th Cuba 1 e directed to make
,VAthe truth of such
an ! to report to the senate.
" t report, in addition thereto, what
,. ,""mii-'! cost of mtking sugar in
'and of Cuba; and also, if anv
be made in th
du(
of duty, or malfeasance in office: ,
may then fiil the same as pi ,
ca I of vacancv."
B> this last section the governor 1
only remove an officer for incompet.
mi shall
tion of th.
n Cuba n
a redm
: ing fro
what c
1 the government
established 1 n t
I'nited States at
lith
not
approved on
Hon j makes
, governr to appoint
® e committee within ninety days which
was done, the commissions of the 'irst
•"imnittee being dated May 8th. :ch)-,
tatutes authoribed the peri >r-
1 mance of a specific act. and having
I made the appointments pursuant :o the
| power conferred, the governor had ne
turther discretion m the matter, e •; e
j ciallv after the ninety days had elans-
ed. unless it can be said that th. c are
territorial officers and subpect t • re
i moval at the will of the apporrmg
power, wducli contention we will notice
later. Under some of the auth-rities
tiie commissioners in question would
not be public officers. The ca-,- of
the Teritory vs. Scott fDak.i 20 .\ \V.
ti.s. is squarely in point.
Many authorities niav be decided on
both sides of this particular quest ,.-,,
rherefore I shall review them po hir-
ther. But the difference in the autliot-
ities is more imagined than real The
courts do ,,ot differ so widely as to
what is necessary to constitute
he officer. The apparent differe... ...
curs when the different courts deter
nunc as to whether the statutes cr. ir
ing the respective position- arc ir
conflict with the provisions oi ,| , or
game law of the state, and m.no . 1
the courts, in commenting upo
matter, .say that they are not -in h
The
pub
the
•ffic-
con-
1' 1 1 , r , ■ is ns are contemplated bv th"
l I.dcr this stale of face the fempor- stitmion. Been Ihe suoreme eo n ,.
>• injunction -,ued l.v the probate ( Hie I'nited Siaiv., fe coniinenl.n,- np.
lige to be mad, perpetual. ,he ^ .
But. before cxpessing an opinion up- • sioners to issue bonds were off .1 .
This BifTitr nr® t i on evory hrr of the grnaine
Laxative Bromy-QuiuineTahk-
th® rcuiedy that enrea a coia In on®
oliice. Were the members ..t the tir-t
committee guiltv of any of tliest It
is expressly stipulate] and agreed bv
the parties to this action that ti ■
were not. And. further, the governor
-•a>s 111 his letter to them: "I d> not
wish to intmate that the ->ld c<nnnin-
tee was biased, or that t would have
"°ne other than carry out the int'en
"°n of the legislature as nearly a< thrv
jvere able to know what tha
Ibis language concedes goo<l j
the part of the old committee m!
admitted that the- were hi.„es'.|v
cargmg the duties of their off,, , K ,
der such conditons ,!„• governor h.,,1
110 power to emove them. It 1 ,,,i
by the law writers that: "An officer ''
not trbitrarily removable
pointing power, connot be
moved bv ih recisioit or r
his appointment after it
and acceptance. The pow,
tor cause, when confcrre
ficer or board must be
strued and confirmed withi
prescribed by it."
But jt is unnecessary to
ities. The territorial statut
and positive. A public offi.
he removed for one .-r -
causes stated therein and at
movable for cause only is 1
ble at wiii. The legislature
and on this matter its will
1 outisel for defendant have en, l" , :
number of authoritie which held th ,t !
the appointing power has the rich: • , i
remove, but in none of the r , ,
does it appear that the state m winch '
the decision was rendered ha :
"te to the effect that ofti,-,., i ,
removed for certain specled , ,
It will not be denied that e'erk . 1 t1
: Cnited Str.le, district cm,. - '
other officer, who ,impl) hold al ,n !
can be removed at the pleasure ,1
appointing power. This. h.,'urve, "
not that kind of a case. 'Ili< ,v,
1 could not remove ihe committee i,,,,/
the facts presented: and hen,c th ' .
waa no vieamj and the second V' I
j tnittee had absolutely no P,,w. r ti,"|,",
j cate a site for the institution i" I
I tion. The case of Cameron ~ '
er. Jtld ( >k.. .77. goes no .. I
• to hold that an o,.ice
' tor cause named in
I "'•"• and hearing.
I doctrine Chief Jut sic
i One other point n
It is contended by ti
'procal and equ
orts to Cu
mt<
trom to the
The result!
suggest ion ot Mi
chairman of that
wav of
i n sugar com-
1 I'nited State*,
'.'''hi be made by
'I Cuba about to be
icles produced in the
exporter! into -lie
exported into the is-
"•l'r to make a re-
'b c arangement as
"• imports there-
d States.
' is referred to the
I'1- with Cuba at the
• t f Conncctict:
ommittee.
utt.
"ERK FROM PAW vFF
Pawneel A-U°Tey /obn C. Hughe, of
looking up'in'n'ier'"-' '",r ' ftW ^
llhrarv. lie ha, „,i"l cj ,cr",n''ial
the matter ol . ^onhdence that .
■ill be
:c Die
pension front ofti. e
He has retained
' >ty as his attor-
TIPvED AND
WORN OUT.
can be
L)a
i'l Bu
I'" eomplitntpfl female organism l«
K'' ' ' !i< 0'• Ij- :i'ijnstcd as to bu easily
thrown oul < f balance. Am reault
health and strength afe affected by divert
' ' ■ ' wuiii- n's peeuiinr iuherjtatiee.
Notnirbood, family, society, nil levy euch
( : ' a h- r strength that moRt wo-
ni '!i ere.'ilt iiiider tho nervous tensioo.
la" <!. iimnii-. upon her nervous strength
r'f' : ' uoviter than similar demands
< : "PI 0 1.< sex. Hem e (ihe inuut bo
h"l ' 1 i'i niea ur« with the -1®-
-1. that given strength. Th®
'* •' • • • 1 fed tired and worn out
",:i; !: ! 'da« he. pains in the
' K "d 11 Mil.-. ct . |h he .1 u«o they h'o ®
"''I their s upply of iron. Menstrua-
' " tM-il.le is I n (-'ly enured by lack of
iron. I)r. Ilnrters Irnu Tonic iQDpllfl
•'•cm. h eiirlehcs tho blood and •
tores \vlmt strain Iiiih used up.
t Ai ic.nti.. Ark.. Muv 10, 1001.
Alter having sold Dr. Karter'f reins*
'lidny years 1 can cheerfully
recommend them. I might add that 1
1 1 favor Dr. Darter's Iron
1 ' ould recommend it as tie
• m l"..t preparation of iron I am an-
?,,!'! " wp«ki worn-out wo-
and i|. ,s,. troubled with nervotts-
''' 1.. and pale, thin blood*
be a punueea."
1 1 Wilkorson, Druggist
IS5.00I laiuuiec tl.li .b« c imiBoulal la g:nala«^
this 1
dii
I believe it i
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Greer, Frank H. The Oklahoma State Capital. (Guthrie, Okla.), Vol. 13, No. 309, Ed. 1 Tuesday, April 22, 1902, newspaper, April 22, 1902; Guthrie, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc124696/m1/2/: accessed April 18, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.