Opinion

Smith, Secretary of State v. State Hepburn

  • 28 Okla. 235
  • 113 P. 932
  • 1910 OK 304
  • 1911 Okla. LEXIS 86
Court
Supreme Court of Oklahoma
Filed
Nov 15, 1910
Status
Published
Author
Kane
On the bench
Turnee, Hayes, Kane
Cited by
9 cases

STATE VOTERS HAVE RIGHT TO AUTHORIZE MOVING STATE CAPITOL FROM GUTHRIE TO OKLAHOMA CITY, DESPITE CONTRARY PROVISION IN ENABLING ACT

How later courts described this case

  • STATE VOTERS HAVE RIGHT TO AUTHORIZE MOVING STATE CAPITOL FROM GUTHRIE TO OKLAHOMA CITY, DESPITE CONTRARY PROVISION IN ENABLING ACT

Written by the judges who cited it.

The opinion

KANE, J.

(concurring). I believe that upon the acceptance of the terms and conditions of the Enabling Act by the Constitutional Convention by ordinance irrevocable as by section 22 of said act it was required to do, the part thereof which provides that "the capital of said state shall temporarily be at the city of Guth

*266

rie in the present territory of Oklahoma, and shall not be changed therefrom previous to

Anno Domini

1913,” became a compact between the United States and the people of the proposed state which can only be rescinded by the common assent of those who-were parties thereto. That this compact should be protected by that sacred regard for plighted faith which should be cherished alike by individuals and organized communities. In my judgment, the opinion of the court ought to be based on the principle that, “Compacts are as obligatory upon states as upon individuals, and the fact that they enter into compacts that bind them shows that they aie free.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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