The Searchlight (Cushing, Okla.), Vol. 1, No. 51, Ed. 1 Wednesday, November 16, 1910 Page: 1 of 8
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THE
SEARCHLIGHT
Vulume 1
NOV. 16, 1910
Number 51
GUTHRIE THE CAPITAL
Supreme Court Sustains Trial Court and Capital Remains at
Guthrie.
RESTRAINING INJUNCTION LIES
As the Initiated Bill Failed of Adoption Because it was not Submitted, All
Questions Voted on Fell, Therefor an Injuction
will Lie to Restrain.
Guthrie is still the capital of
Oklahoma. The supreme court o j
Tuesday morning handed dow*
its decision in the capital ease,
holding that while the people of
the state had a right to locate
the eapital, and while the enabl-
ing act was not binding on that
proposition, yet the bill voted on
at the election held June 11,1910,
was fatally defective and the el-
ection void. Justice Turner irtft
the opinion and while all member
of the eourt concurred in the eon-
elusion reached, Justice Hayes
and Justice Kane each wrote a
separate opinion, stating their
reasons for deciding as they did,
Cttiief Justice Dunn and Justice
Willams concurring with Justice
Hayes. . .
Justice Kane based his opinion
ou the broad —ounds that the
enabling act was binding aad
that the contract thus entered in-
to between the United States and
t he new State of Oklahoma could j
-not be broken without the conser#
of both parties.
Justice Hayes concurs in the
opinion a* to reasons for holding
the enabling act void if property
repealed, but differs in his reas-
oning in holding v#id the iaitiat-
bill vsted op** i* tfce *1
election heid on June 11. 1910.
A remarkable feature was that
tfc.jre was not a dissenting vote
as to the conclusion reached by
the court, for while all the just-
ices did not agree as to the reas-
oning, yet they were ft ttnit in
holding that there tuU tee* no
i
for removal of the canital invalid.
The supreme court room was
filled to overflowing as the hour
grew near for the decision to be
rendered and the corridors were
filled with anxious looking men
and woman. As soon as Justiss
Turner had read the svHabus, the
word was telephoned down town
and pandemonium broke loose.
The Oklahoma City contingent
went awav looking disa- minted.
Attorney Ledbetter said Governor
Haskell would probably call an
extra session of the legislaturo
and that another bill would be
initiated and submitted, but the
■ fact remains that Guhtrie is still
the eapital and that the state
officers now in Oklahoma city
will have to come baek to hts
seat of government.
The attorneys for Oklahoma
j City have not filed any motion
for a hehearinp- or new trtal so
• far but have fiftene da s to do
so. But there is no question but
what the decision is final. The
i court has gone over thf saee
, , . _.. i thoroughly and has held that the
election and that Oklahoma City bm wag bad Md hencft that theP#
had not been selected as the capi- j had been no election.
tal. Many times, on decisions of
the magnitude of this one, the' oGvernor Haskell announced
oo«n i. dm «£
baaed on majority rule, but *V t ~e, Member 2nd, to «*ee»&, up
thiB ease the court was unaniat- on permanent location of the caji-
•us so far as holding the election itfli.
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Green, E. M. The Searchlight (Cushing, Okla.), Vol. 1, No. 51, Ed. 1 Wednesday, November 16, 1910, newspaper, November 16, 1910; Cushing, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc285277/m1/1/: accessed April 17, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.