Guthrie, Okla., Nov. 15—Oklahoma City lost in the state capital fight today, when the supreme court decided that the seat of the government must remain in Guthrie.
The court held that the election on the amendment to remove the capital to Oklahoma City was void, because of defects in the title of the ballot.
The point turns on an appeal from an injunction to prevent the transfer from Guthrie to Oklahoma City.
By a provision of the enabling act, Guthrie was to remain the capital until 1913, when, if desired, the state government could be removed to another city by an amendment to the state constitution. An amendment submitted to a popular vote early this year providing for the removal to Oklahoma City carried.
Governor Haskell and other state officers immediately established the state government at Oklahoma City. A temporary injunction was soon secured, however, preventing the officials from transacting business at Oklahoma City. Then the Oklahoma City adherents appealed to the state supreme court and meantime the state offices were re-established in Guthrie, pending a final decision.
The court decided that the provision of the enabling act locating the capital at Guthrie until 1913 has only the force of a law that can be repealed by the votes of the people of the state.
Upset Well Laid Plans
The decision upset the plans of the state capital commission now engaged in laying out a state capital site at Oklahoma City.
The law regulating the submission of questions requires that an essential question in the ballot title shall be "shall it be adopted?" meaning the entire measure. This questin was omitted from the ballot title in the capital removal election.—Beacon.
Woodward News Bulletin—November 18, 1910