coyle
smith
argued
decided
may
frank
dale
horner
john
burford
bierer
frank
burford
benjamin
hegler
plaintiff
error
charles
west
burwell
joseph
bailey
ledbetter
stuart
defendants
error
justice
lurton
delivered
opinion
writ
error
oklahoma
review
judgment
upholding
legislative
act
state
providing
removal
capital
guthrie
oklahoma
city
making
appropriation
funds
state
purpose
carrying
act
erection
necessary
state
buildings
acts
oklahoma
december
opinion
oklahoma
may
found
pac
act
passed
december
state
gave
jurisdiction
entertain
proceeding
brought
resident
taxpayers
state
determined
legality
removal
location
attempt
remove
locate
state
capital
certain
state
institutions
act
passed
advance
removal
act
involved
express
purpose
providing
speedy
method
determination
constitutional
objections
might
urged
proposed
relocation
seat
state
government
removal
act
followed
proceeding
started
state
plaintiff
error
claimed
citizen
state
also
owner
large
property
interests
guthrie
adversely
affected
removal
seat
government
proposed
act
question
validity
law
locating
capital
oklahoma
city
attacked
many
reasons
involved
interpretation
application
constitution
state
decided
adversely
petitioner
shall
pass
matters
state
law
subject
reviewing
power
writ
error
state
question
reviewable
writ
error
arises
claim
set
petitioner
decided
oklahoma
act
december
providing
immediate
location
capital
state
oklahoma
city
void
repugnant
enabling
act
congress
june
state
admitted
union
stat
chap
act
referred
entitled
act
enable
people
oklahoma
indian
territory
form
constitution
state
government
admitted
union
equal
footing
original
etc
act
provides
admission
arizona
new
mexico
first
sections
relate
oklahoma
section
lengthy
deals
organization
constitutional
convention
concludes
words
capital
said
state
shall
temporarily
city
guthrie
shall
changed
therefrom
previous
anno
domini
nineteen
hundred
thirteen
said
capital
shall
said
year
located
electors
said
state
election
provided
legislature
provided
however
legislature
said
state
except
shall
necessary
convenient
transaction
public
business
said
state
said
capital
shall
appropriate
public
moneys
state
erection
buildings
capital
purposes
said
period
sections
act
require
constitution
proposed
new
state
shall
include
many
specific
provisions
concerning
framework
government
impose
limitations
upon
state
regards
indians
therein
reservations
respect
traffic
liquor
among
indians
upon
reservations
last
section
applicable
oklahoma
reads
thus
constitutional
convention
provided
herein
shall
ordinance
irrevocably
accept
terms
conditions
act
constitution
framed
contains
nothing
location
state
capital
convention
framed
adopted
separate
ordinance
words
enabling
act
accepted
ordinance
irrevocable
ordained
constitutional
convention
proposed
state
oklahoma
said
constitutional
convention
ordinance
irrevocable
accept
terms
conditions
act
congress
entitled
act
enable
people
oklahoma
indian
territory
form
constitution
state
government
admitted
union
equal
footing
original
enable
people
new
mexico
arizona
form
constitutional
state
government
admitted
union
equal
footing
original
approved
june
sixteenth
anno
domini
nineteen
hundred
six
submitted
along
constitution
separate
matter
ratified
constitution
proper
efficacy
ordinance
law
state
conflicting
removal
act
course
state
question
question
review
us
whether
provision
enabling
act
valid
limitation
upon
power
state
admission
overrides
subsequent
state
legislation
repugnant
thereto
power
locate
seat
government
determine
shall
changed
one
place
another
appropriate
public
funds
purpose
essentially
peculiarly
state
powers
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powers
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congress
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entertained
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state
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upon
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union
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constitution
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original
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constitution
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terms
employed
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acts
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june
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chaps
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substantially
followed
admission
acts
concluding
oklahoma
act
declares
oklahoma
shall
admitted
equal
footing
original
power
admit
union
union
union
equal
power
dignity
authority
competent
exert
residuum
sovereignty
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constitution
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legislation
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argument
congress
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state
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members
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merit
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government
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state
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state
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subject
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constitution
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case
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new
orleans
ed
point
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stat
chap
people
territory
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principles
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religious
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state
provided
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upon
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state
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union
stat
chap
claimed
certain
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ordinance
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union
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acts
respect
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constitution
adopted
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territory
seeking
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state
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justice
catron
said
congress
intended
declare
advance
people
territory
fundamental
principles
constitution
contain
every
way
proper
circumstances
instrument
duly
formed
presented
national
legislature
judge
whether
contained
proper
principles
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reject
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constitution
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state
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footing
original
respects
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terms
act
congress
concluded
assuming
instructions
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act
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principles
added
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constitution
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form
amendment
make
entire
conditions
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referred
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relate
stipulations
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opinion
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justice
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stat
chap
quite
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enabling
acts
new
state
disclaimed
title
public
lands
stipulated
lands
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sole
disposition
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taxation
navigable
waters
forever
remain
open
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stipulations
shall
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within
sphere
congressional
power
derive
force
consent
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like
stipulations
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respect
control
large
indian
reservations
indian
population
new
state
found
oklahoma
enabling
acts
whatever
force
provisions
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state
may
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power
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provisions
constitution
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affirmative
legislation
affecting
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power
constitutionally
possessed
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terms
acts
admitting
union
framed
case
pollard
hagan
ed
instructing
controlling
case
involved
title
submerged
lands
shores
navigable
waters
within
state
alabama
plaintiff
claimed
patent
defendant
grant
state
plaintiff
relied
upon
two
propositions
relevant
question
one
act
alabama
admitted
union
stat
chap
stipulation
people
alabama
forever
disclaimed
right
title
waste
unappropriated
lands
lying
within
state
remain
sole
disposal
second
navigable
waters
within
state
forever
remain
public
highways
free
citizens
state
without
tax
duty
impost
imposed
state
provisions
relied
upon
became
possessed
submerged
lands
shores
navigable
rivers
within
state
points
decided
first
following
martin
waddell
pet
ed
prior
adoption
constitution
people
original
absolute
right
navigable
waters
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constitution
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alabama
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sovereignty
jurisdiction
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extent
georgia
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alabama
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alabama
admitted
union
people
proposed
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unappropriated
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entire
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contract
parties
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law
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power
given
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make
needful
rules
regulations
respecting
territory
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laws
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rights
public
lands
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protect
taxation
constitutional
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binding
people
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examination
propositions
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people
alabama
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act
congress
authorizing
form
constitution
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government
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lands
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plaintiffs
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stipulation
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act
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state
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constitution
said
therefore
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sovereignty
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common
law
extent
georgia
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maintain
doctrine
deny
alabama
admitted
union
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footing
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constitution
laws
compact
contrary
notwithstanding
plain
deduction
case
new
state
admitted
union
admitted
powers
sovereignty
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pertain
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powers
may
constitutionally
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compacts
stipulations
embraced
act
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state
came
union
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effectual
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congressional
legislation
admission
deduction
finds
support
permoli
new
orleans
ed
heretofore
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excerpt
strader
graham
ed
withers
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escanaba
transp
chicago
ed
sup
van
brocklin
tennessee
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brocklin
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sup
sands
manistee
river
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sup
ward
race
horse
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sup
bolin
nebraska
ed
sup
power
congress
regulate
commerce
among
involves
control
navigable
waters
commerce
conducted
undeniable
equally
well
settled
control
state
internal
commerce
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right
control
regulate
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streams
within
state
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wilson
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bird
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marsh
pet
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philadelphia
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escanaba
transp
chicago
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sup
many
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cited
presented
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state
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legislation
intended
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commerce
among
indian
tribes
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within
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state
regulations
touching
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care
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public
lands
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might
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legislation
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therefore
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state
legislative
power
respect
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plainly
within
regulating
power
congress
willamette
iron
bridge
hatch
ed
sup
pollard
hagan
supra
question
presented
legislation
oklahoma
enabling
act
relating
location
capital
state
construed
forbidding
removal
state
admission
state
referable
power
granted
congress
subject
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must
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power
impose
restriction
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power
state
conceded
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power
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new
state
line
drawn
restrictions
imposed
upon
new
insistence
finds
support
decisions
withers
buckley
ed
contended
certain
legislation
state
mississippi
interfering
free
navigation
one
navigable
streams
state
flicted
one
stipulations
act
state
admitted
union
congress
otherwise
legislated
upon
subject
said
considering
act
congress
march
stat
chap
unnecessary
institute
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meaning
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state
necessary
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sovereign
government
inhibit
diminish
perfect
equality
members
confederacy
associated
conclusions
follow
nature
objects
confederacy
language
constitution
adopted
rule
interpretation
pronounced
case
pollard
hagan
ed
escanaba
transp
chicago
cited
contended
control
state
illinois
internal
waters
restricted
ordinance
reference
ordinance
act
congress
admitting
state
stat
chap
concerning
insistence
speaking
justice
field
said
limitation
upon
powers
government
whilst
territorial
condition
whether
ordinance
legislation
congress
ceased
operative
force
except
voluntarily
adopted
became
state
union
admission
became
entitled
possessed
rights
dominion
sovereignty
belonged
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admitted
footing
language
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admitting
equal
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respects
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equality
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power
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union
old
new
illinois
therefore
well
observed
counsel
afterwards
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power
rivers
within
limits
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black
bird
creek
pennsylvania
schuylkill
river
pollard
hagan
ed
permoli
new
orleans
ed
strader
graham
ed
ward
race
horse
ed
sup
necessary
equality
new
state
original
asserted
maintained
claim
police
power
state
wyoming
wild
game
restricted
indian
treaty
made
prior
admission
state
wyoming
bolln
nebraska
ed
sup
appeared
act
nebraska
admitted
stat
chap
among
things
required
convention
organized
form
constitution
proposed
state
adopt
people
state
constitution
done
claimed
result
power
state
authorize
prosecution
felony
information
restricted
one
amendments
constitution
prosecute
indictment
respect
claim
said
conceding
claimed
connection
state
nebraska
enter
union
condition
enabling
act
adopted
constitution
fundamental
law
meant
words
state
acknowledged
every
state
done
supremacy
federal
constitution
section
act
admitting
state
union
declared
hereby
admitted
union
upon
equal
footing
original
respects
whatsoever
impossible
suppose
indefinite
language
used
enabling
act
congress
intended
differentiate
nebraska
sister
even
power
attempt
impose
onerous
conditions
upon
upon
cases
arising
nebraska
different
construction
given
constitution
given
constitutions
held
many
cases
whatever
limitations
upon
power
territorial
government
cease
operative
force
except
voluntarily
adopted
territory
become
state
union
upon
admission
state
becomes
entitled
possesses
rights
dominion
sovereignty
belonged
original
language
act
admitting
state
nebraska
stands
equal
footing
original
respects
whatsoever
unable
find
decisions
cited
counsel
plaintiff
error
anything
contravenes
view
expressed
green
biddle
wheat
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involved
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whether
compact
two
assented
congress
private
land
titles
kentucky
derived
virginia
separation
kentucky
virginia
remain
valid
secure
laws
proposed
state
kentucky
determined
laws
existing
virginia
state
subsequent
legislation
state
kentucky
titles
adversely
affected
held
legislation
impaired
obligation
valid
contract
within
clause
constitution
forbidding
impairment
neither
virginia
west
virginia
wall
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bearing
question
one
compact
two
assented
congress
concerning
boundary
cases
last
referred
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compacts
authorized
constitution
assented
congress
therefore
compacts
agreements
sanctioned
constitution
one
sought
enforced
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sanction
instrument
beecher
wetherby
ed
involved
validity
grant
every
sixteenth
section
township
school
purposes
grant
made
act
providing
organization
state
government
territory
wisconsin
purported
upon
condition
proposed
state
never
interfere
primary
disposal
public
lands
subject
taxation
grant
held
operate
grant
taking
effect
soon
necessary
surveys
made
conditions
assented
state
obviously
obtained
force
assent
state
since
might
exacted
exertion
proper
power
congress
make
rules
regulations
disposition
public
lands
minnesota
batchelder
wall
ed
another
case
involved
nothing
exertion
congress
power
regulate
disposition
public
lands
case
kansas
indians
blue
jacket
johnson
county
wall
ed
involved
power
state
kansas
tax
lands
held
individual
indians
state
patents
act
providing
admission
kansas
union
provided
nothing
contained
constitution
state
construed
rights
person
property
pertaining
indians
said
territory
long
rights
shall
remain
unextinguished
treaty
indians
stat
chap
held
long
tribal
organization
indians
recognized
still
existing
lands
subject
taxation
state
result
might
well
upheld
either
exertion
power
congress
indian
tribes
treaty
relations
contract
state
agreed
forego
taxation
indian
lands
contract
quite
within
power
state
make
whether
made
benefit
indian
wards
private
corporation
supposed
advantages
resulting
certainly
case
bearing
upon
compact
general
legislative
power
state
impaired
reference
matter
pertaining
purely
internal
policy
state
see
stearns
minnesota
ed
sup
good
result
consideration
cases
cited
plaintiff
error
none
bear
closely
upon
question
involved
referred
anything
needed
complete
argument
assertion
oklahoma
admitted
union
upon
equality
power
dignity
sovereignty
massachusetts
virginia
afforded
express
provision
act
admission
declared
people
proposed
new
state
complied
terms
act
shall
duty
president
issue
proclamation
proposed
state
oklahoma
shall
deemed
admitted
congress
union
virtue
act
equal
footing
original
proclamation
issued
senators
representatives
state
admitted
seats
congress
oklahoma
admitted
upon
equal
footing
original
virtue
jurisdictional
sovereignty
state
may
determine
people
proper
location
local
seat
government
equal
power
texas
white
wall
ed
chief
justice
chase
said
strong
memorable
language
constitution
provisions
looks
indestructible
union
composed
indestructible
lane
county
oregon
wall
ed
said
people
constitute
one
nation
one
government
government
within
scope
powers
invested
hand
people
state
compose
state
government
endowed
functions
essential
separate
independent
existence
disunited
might
continue
exist
without
union
political
body
may
add
constitutional
equality
essential
harmonious
operation
scheme
upon
republic
organized
equality
disappears
may
remain
free
people
union
union
constitution
judgment
affirmed
justice
mckenna
justice
holmes
dissent