# Smith, Secretary of State v. State Hepburn

> Supreme Court of Oklahoma · November 15, 1910 · 28 Okla. 235

URL: https://www.frixlaw.com/law-library/cases/3823234

## Case

- **Full name:** SMITH, Secretary of State, Et Al. v. STATE Ex Rel. HEPBURN
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 15, 1910
- **Citations:** 28 Okla. 235; 113 P. 932; 1910 OK 304; 1911 Okla. LEXIS 86
- **Precedential status:** Published
- **Opinion:** Concurrence by Kane
- **Judges:** Turnee, Hayes, Kane
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3823234

## Opinion text

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1913,” became a compact between the United States and the people of the proposed state which can only be rescinded by the common assent of those who-were parties thereto.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.”

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3823234. Public record. Not legal advice.