Okeene Eagle. (Okeene, Okla.), Vol. 13, No. 26, Ed. 2 Friday, April 12, 1907 Page: 3 of 8
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Text of TKe
Constitution
e. .. O AN IC LAW OF NEW STATE A«
SUBMITTED TO EDITING COM-
MITTEE BEFORE CON-
VENTION ADJOURNED
FOR RECESS
(Continued from last wee::.)
The Legislature—Number of Member*
Sec. 9. The Senate shall consist of not
more than forty-one members, whoso
term of office shall he four years: Pro-
vided. That senators elected at the first
election from the even numbered *i*s-
tricta shall hold office until the fifteenth
day succeeding the day of the regular
State election In nineteen hundred and
eight, and those elected from the odd
numbered districts at said first election
shall hold office until the fifteenth day
succedlng the day of the regular State
election In nineteen hundred and ten.
Sec 10 The House of Representatives
ur.til otherwise provided by law, shall
consist of not more than one hundred
and five members, who shall irohl office
for two years; Provided, That represen-
tatives eloteil at the first election shall
hold office until the fifteenth day suc-
ceeding the day of the regular State
election In nineteen hundred and eight:
Provided. Further. That the membership “ "
of the House of Representatives shall elected
flee. 10. The Governor shall Issue writs
of election to fill such vacancies as may
occur in the Leglslavire.
Sec. 21. Members of the Legislature
shall receive si* dollars per diem for
their services during the session of the
legislature, and ten cents per mile for
every mile of necessary travel in going
to and returning from the place of meet-
ing ot the legislature, on the most usual
route, and shall receive no other com-
pensation : Provided. That members of
the Legislature, except durthg the first
session thereof held under this Consti-
tution. shall receive only two dollars per
diem for their services after sixty days
of such session hare elapsed.
See. 22. Senators and Representatives
shall, except for treason, felony, or
breach of tho peace, be privileged from
arrest during tiie session of the legis-
lature. and in going to and returning
from the same. and. for any speech or
debate In either House shall not he ques-
tioned In any other place.
Sh,:. 23. No member of the legislature
shall, during the term for which he was
elected, he appointed or e'erted to any
office or commission in the State, which
shall have been created, or the emolu-
imcrts <rf which shall have been in-
creased. during his term of office, nor
shall any member rerelve any appoint-
ment from the Governor, the Governor
and Senate, or from the Legislature, dur-
ing the term for which he shall have
been elected, nor shall any member, dur-
ing the term for which lie shall have
been elected, or within two years there-
after. be Interested, directly or Indirect-
ly. f» any contract with the State, er
any county or ether subdivision thereof,
authorized by law passed during the
wliicb he shall have been
the names of persons or
never exceed one hundred and twenty-
three members.
The first Legislature shall meet at the
seat of government upon proclamation of
the Governor on a day named in said
proclamation, which shall not lie more
than thirty nor less than fifteen days
after the admission of the State Into the
Union.
Legislative Apportionment
Sec. 1J. The State JU hereby divided
Into thirty-two Senatorial District*, each
of which shall lie composed of the coun-
ties as named, shall he numbered and
elect Senators as follows, namely: *
First: Beaver. Cimarron. Harper, and
Texas—One Senator. Second: Woods
and Woodward—One Senator. Third:
Beckham. Dewey. Kills, and Roger Mills
—Two Senators. Fourth: Greer—One
Senator. Fifth: Jackson and Tillman—■
One Senator. Sixth: Custer, Kiowa, and
Washita Two Sealers. Seventh: Alfal-
fa. Blaine, and Major -One Senator.
Klghth Garfield One Senator. Ninth:
Grant and Kay—-One Senator. Tenth:
Osage. Noble, and Pawnee One Senator.
Eleven M^ Mottian and Payne—One Sen-
ator. Twelfth: Kingfisher and Isigtui—
One Senator Thirteenth: Lincoln and
Pottawatomie—Two Senators. Four-
teenth: Canadian and OklalioraA—'Two
Senators Fifteenth: Caddo and Grady
—Two Senator*. Sixteenth: Comanche
—One Sen-.tor. Seventeenth: Jefferson
*nd Stephens—One S.-nator. Klgliteenth:
Curler. Live, and Murray—Two Sena-
tors Nineteenth. Cleveland. Garvin,
and McClain—Two Senators. Twentieth:
Aioka. Bryan, and Coal—Two Senators.
Twenty-first: Johnston and Marshall—
One Senator. Twenty-second: Hughes
and Okfuskee—One Senator. Two:fty-
third; Pontotoc and Seminole -One Sen-
ator. Twenty-fourth; Choctaw. Mo-
Curtain, and Pushmataha—1One Senator.
Twenty-fifth: Plf tsburg—One Senator.
Twenty-sixth: Latimer and I Flore-
One Senator. Twenty-seventh: Has-
kell. McIntosh, and Muskogee—Two Sen-
ators. Twenty-eighth: A'dair, Delaware
Sec. 24. A member ef the legislature,
who lias a personal «r private interest
In any measure or bit), proposed er pend-
ing before the Legislature, shall disclose
the fact to the Meuse of which he Is a
member, anil shall not vote thereon.
eglslature
Sec. 25. The first srefnnn of the Legis-
lature. held by virtue of this Constitu-
tion. shall not exceed «no hundred and
sixty days.
Sec. 2d. The members of the legisla-
ture shall meet at the sent of government
on the first Tuesday after the first Mon-
day In January at twelve o’clock, noon,
in the year next succeeding their election,
or upon sucli other day an may be pro-
vided by law.
Sec. 27. Tlio legislature shall hold reg-
ular biennial sessions as herein provid-
ed. but this shall not prevent the calling
of a special session of the legislature
by the Governor.
Organization and Rules
Sec. 23. The Senate shall, at the be-
ginning of each regular session and at
iruch other times as may he necessary,
elect ou«* of its members President pro
tempore, who shall preside over Its de-
liberations In the absence or p'p-re of the
Lieutenant Governor; the Senate shall
provide for all its standing committees
and. by a majority vote, elect the mem-
bers thereof.
Sec. 29. The House of Representatives,
at the beginning of each regular session
and at such other times as may be neces-
I s.ary. elect one of l{x members Speaker.
Sec. 30. Each House shall tie The Judge
of tiie eleetio:n, returns, and qualifica-
tions of Its own members, and a major-
ity of each shall constitute a quorum to
do business; hilt a smaller number may
adourn from day to day, and may be au-
thorized to compel the attendance of ab-
sent members. In such manner and under
such penalty as each House may pro-
vide.
Kach House may determine the rules
of its proceed', igs punish i?s members
for disorderly behavior, and. with the
and Sequoyah—One Senator. Iwenty- I concurrence of two-thirds, expel a mexn-
nlnth: t’herokee. Mayes, and Rug*
One Senator. Thirtieth: Craig. Ottawa,
and Nowata—One Senator. Thirty-first:
Tulsa and Washington—One Senator
Thirty-second Okmulgee and Wagoner
- -One Senator. .
Sec. 12. The following counties shall
each elect one member to the House of
Representatives: Adair. Alfalfa. At.dca,
Beaver. Blaine. Canadian. Cherokee,
FTioctaw. Cleveland. Coal. Craig, Custer,
Kach House 'hall keep a Journal *f it*
proceedings, ai 1 from time to time pub-
lish the same. The yeas and nays of
the members of either House on any
question at the don.io of one-fifth of
ltus»e present shall be entered upon Its
Journal.
Neither House, during the session of
the Legislature, shall, without the con-
sent of the other, adjourn tor ■tore than
' .... — - - —...... sent oi me ouier, aujourn lor snore ituui
Delaware, Dewey. Kill*. Grant, Harper, three days, nor to any other place than
llaskell. Hughes Jackson. Jefferson.
Johnston. Kay, Kingfisher. Latimer, I ex-
plore. Live. Major, Marshall. Mayes. Mo-
man. Murray, McClain. MvCurtaln. McIn-
tosh. Noble. Nowata. Okfuskee. Okmulgee.
Osage. Ottawa, fawner. Payne, Ponto-
toc. Pushmataha. Rogers, Roger Mills,
8etnlnole. Sequoyah, otephens. Tillman.
Tu>aa. Wagoner. Washington, Woods,
Woodward, and Cimarron and Texas
Jointly one.
Sec. 13. The following counties shall
each elect two members to the House
of Representatives: Beckham. Bryan.
Caddo. Carter, Comanche, Garvin, Grady.
Kiowa. Muskogee. Pittsburg, and Wash-
ita
Garfield with two members pro rated
as follows: I district One Tile town-
ships of McKinley. Kremlin. Keowee
North Enid, Banner, Hobart. Logan,
Garland. City of Knld. and Knld. includ-
ing all towns anti cities therein
District Two: All that part of Garfield
County not contained in District One
Greer with two members pro rated as
follows District One—All that part of
rVeer County lying east of the line be-
tween Ranges 23 and 24
District Two All that part of Greer
County not contained in District Otne.
Lincoln with two member* pro rated
• s follows: District One—The townshllAt
ef Pawnee, Ponca. North Fox. South Fox,
North Keokuk, South Keokuk. North
Creek. South Creek. Nortli Seminole.
South Seminole. North Choctaw. South
Choctaw, and South Wichita, with all
towns and cities contained therein. ■
District Two: All that part of Lincoln
County not contained in District One.
Ijogan with two members pm rated as
follows District One—Tire township*
of Orlando. Blsmurk, Marshall, Oak View,
Rose Hill. Mulhall. Ixiwrte, Woodland.
Crescent. Cedar. Iron Mound. Spring
Creek. Seward, and Springer, with all
towns and cities contained therein.
District Two: All tiiat part of Isigan
County not contained in District One. ■
Sec 14. The following counties shaU
elect three members each: Oklahoma ;uid
Pottawatomie.
Oklahoma with three members pro
rated as follows: Distrlrt One—The
nil ■ c lias* Of IIIIJ ui»iv:'l PMW-v
that hi which the two Houses shall be
sitting.
Sec. 31. In all elections made by the
legislature, except for officers and em-
ployee* thereof, the memtier* thereof
shall vote yen or nay. and each vole
shall be entered upon the Journal.
Sec. 32. No special or local law shall
be considered by the Legislature until
notice of the Intended Introduction of
such bill or hills shall first have been
published for four consecutive weeks jn
some weekly newspaper published or of
general circulation In the city or county
affected by such law. stating In eub-
stance the contents thereof, and verified
proof of such publication filed with the
•Secretary of State.
Sec. 33. All bills for raising revenue
shall originate In the House of Represen-
tatives. The Senate may propose amend-
ments to revenue hills. No revenue hill
shall be passed during the last five days
of the session.
Sec. 3t. Every hill shall be rend on
three different days In each House, and
no bill shall become a law unless, on its
final passage, it he read at length, and
no law shall be passed unless upon a
vote of a majority of all the members
elected to each House In favor of such
law; and the question, upon final pas-
sage, shall he taken upon Its last read-
ing. and tiie yeas and nays shall be en-
tered upon tiie Journal.
Sec. 35. The |>rcsld!ng officer of cneh
House shat!. In the presence of the House
over which he presides, sign all bills
and Joint resolutions passed by tho leg-
islature, Immediately after the same shall
have been publicly read at length, und
the fact of reading and signing shall lie
entered upon tiie journal, but the read-
ing at length may be dispensed with by
a two-thlrdu vote of a quorum present,
which vole, hy yens and nav*. shal! also
lie entered upon the Journal.
Power* and Duties
Sec. 36. The authority of the legisla-
ture shall extend to utt rightful subject*
of legtsaltlon. and any specific grant of
clithorlty In this Constitution, upon any
subject whatsoever, shall not work a re-
striction, limitation, or exclusion of such
authority upon tiie same or uny other
town-hip- of Oklultonm, Grcely, and Ok- I subject or subject* whatsoever,
lahoma I’lty, with ail towns and rltle* Sec. 37. The Legislature shall have the
contained therein, two members power lo establish a state printing plant.
District Two: All that part of Okla- | and to provide for the election or ap-
honia County not contained in District
One. one member
See If. The following pairs of coun
ties shall compose additional legislative
districts and each district shall elect one
member of tiie House of Representatives
Johnston and Foal. Bryan and Atoka.
Pontotoc and Seminole; Muskogee and
Haskell. Pittsburg and, Hughes: Com
anrhe and Stephens; Roger Mills and
Custer; Cleveland and Canadian; Kay
•nd Osage. Payne arid Pawnee, Tillman
and Jackson; and the counties of Craig,
Roger* and Tulsa, one
See IS. The Legislature shall have
| pointment of a State Printer.
Bee. 33. The Legislature shall provide
for tiie establishment of a State Gee-
| logical ami Kconomlc survey.
Sec. 39. Tiie Legislature shall create a
Board of Health, Hoard of Dentistry,
Hoard of Pharmacy, and Pure Food Com-
| mission, and preserlhe the duties of ggu I
All physicians, deqtlata, and pharmacists
now legally registered and practicing in
Gklahoiim und Indian Territory shall be
eligible to registration In the stale of
| Oklahoma without examination or cost.
■ Sec. 40. Tim Legislature shall provide
for organizing. disciplining, arming.
power at Its flrjt regular session, after I maintaining, and "quipping the Militia of
each fedrral census, to re-apportlon tiie tho State.
several counties of tor Slate Into Rep- I gee. 41. The legislature may enact
rescntaltve and Senatorial Districts. I laws authorizing cities to prltslon merl-
Whrn any Senatorial District shall em-
brace more (hurt one county, tiie ioun-
tie* shall lie contiguous, and the Dis-
trict* shall he as nearly equal In popu-
lation as may be. Provided. That each
organised county shall always have oil"
rspreaentntIve and that no county shall
ever lake part In tin- election of more
than four Representative* and two Sena-
tors.
Qualificationz and Rights or Members
Bee 17 Members of the Senate shall
be nt incut twcutyaflve vegrs of a amt
memtier* of the House of Representa-
tives twenty on* ye*ra of age at tic
time of t hdi election. They shall be
qualified elci line til their I cwpci-tlli
counties or districts Slid shall realde In
their respe live conn!lea nr dlstrlctM dur-
ing their term of efftrr
Bee it No person ahull serve a* a
member of the Legislature who I*. at tho
time of *uch »ervl"o. an officer of the
tWilled Slate* or State Government, or I*
receiving (otupeeeattoi ;>* such, nor
•h*ll unv |..... on h- e|ig l.,e lo election to
the lexis I mure, who ha: been ptlju iged
guilty nf n rlonv
Be-- 19 A member of the f.egtslnl lire
expelled for corrupt ion shall not there-
after lie eligible tn nienilieralitp In either
Jfouse Pimialunent for i ontempt or ills*
orderly etidn t *r for any other cbum*.
shall not bar an Htdictmen* fur the *am»
*ff**H
torlous and disabled firemen.
Bsc. 42. In any legislative Investigation,
either House of the Legislature or any
committee thereof duly authorized by
the House creating tiie same, shall liavo
power to punish as for contempt, disobe-
dience of process, or contumacious or
disorderly conduct, a id Mu* provision
( all also ripply tn Joint sessions ef the
I.eglidnture, and also to Joint commit-
tees thereof, when authorised hy Joint
resolution of both House*.
Sec. 43. 'Die L-glshi'ure nhsll. In the
wear nineteen hundred and nine arid
each ten years thereafter, make provision
by law for rev let ig. digest lug. and pro-
mulgating I lie sonnies of tile hlillr.
Sec tt The I .eglslallire shall define
wliat la an "unlnwful combination, mo-
no paly, trust, act or agreement. In re-
straint of trade," unit enact lows lo pun-
ish person* engaged In unv "unlawful
t'omhlnullnti. ttinuopolv, trust, net. or
agreement. In restraint of trade." or
composing any such monopoly, trust. nr
coiniiliot'Ion.
Limitation*
See. 44 The l^glskiliir*' shall not. sl-
eep! ns otherwise provided In this On*
stitutlon. pass any local or spvi tul law
authorising
The creation, etlenaion or Impairing of
lien*;
Regulating the affair* ef coitiitle*.
towns, wa'ii*, or -school district*.
Changing
pi ices;
Au'.horlzi lg the laying out. opening,
iVring or maintaining of roads, high-
ways. street*, or alley*;
Relating to ferries or bridge*, or Incor-
porating ferry or bridge companies, ex-
cept for tiie erection of bridge* crossing
streams which form boundart** between
this and any other state;
Vacating roads, town plats, streets, or
alleys:
Relating to cemeteries, graveyards, or
public grounds not owned hy Uie State;
Autborin'n- the adoption or legitima-
tion of children;
1-ocaiing or cuunging county seats;
Incorporating towns, or villages, or
changing their charter;
For the opening and conducting of elec-
tion, or fixing or changing tiie places of
voting:
Granting divorces;
Crc-utlng offices, or prescribing the
flowers and duties of officers, In coun-
ties. cities, towns, election or school dis-
tricts;
Changing the law of descent er suc-
cession ;
Regulating the practice er Jurisdiction
ef. or changing the rules *f evidence In
Judicial proceedings or Inquiry hefore the
counts. Justiees of tho peace, sheriffs,
eomriiltwions. arbitrators er other tribu-
nals. er providing or changing the meth-
ods for the collection of debt*, or the
enfsreemetit of judgments, or prescribing
the effects #f judicial sales ef real es-
tate;
Regulating the fees, er extending the
powers and duties ef aldermen, justices
ef the peace, or constables;
Regulating the management *f public
schools, the building or repairing of
school houses, and the raising of money
for such purposes;
Fixing the rate of Interest;
Affecting tiie estate of minors, *r per-
ilous under disability;
Remitting fines, penalties and forfeit-
ures, and refunding moneys legally paid
into the treasury;
Exempting property from taxation;
Declaring u:iy named fierson of age.
Extending Hie time for Uie neseseniont
or coRecttim of taxes, or otherwise re-
lieving any assessor or collector of taxes
from due performance ef his official du-
ties. or his securities from liability;
Giving effect lo informal or Invalid
Wills or deeds;
Summoning er impaneling grand or
petit Jurips;
For limitation ef civil er criminal ac-
tions;
For incorporating railroad* er other
works ef Infernal Improvement*;
iToviding ior changes of venue In civil
and criminal cases.
Sec. 47. The Legislature shall n*t re-
tire any officer on pay or part pay, «r
make any grunt to such retiring officer.
Sec. 43. The Legislature shall have no
power to appropriate any of the public
money for the establishment arid mainte-
nance of a Bureau of Immigration In this
Stale.
Sec. 49. The Legislature shall not in-
crease tiie number of emoluments of its
employees, or the employees of either
House, except by general law. which
shall not take effect during the term at
which such increase was made.
Sec. Ml. The Ilegislature shall ptsss no
law exempting any property within i-.*a
State from taxation, except as otherwise
provided bn this Constitution.
See. 61. The L'gislatiire shall pass no
law granting to any association, corpor-
ation. or individual any exclusive nights,
privlegcs, or immunities within this
State.
Sec. (2. The legislature shall have no
power to revive any right *r remedy
which may have become burred by lapse
of time, or hy any statute of this State.
After suit *mn been commenced on any
cause of action, the Jjegishiture ahull
have no power to take away such (fuiw
of actkvi, or destroy any existing defense
to such milt.
Sec 63. Tiie Legislature shall have
no power tn release or extinguish, or to
authorise the releasing or extinguishing,
in whole «r in part, the Indebtedness, lla-
t hill ties, or obligations of any corporation
or Indtyduul to this State, or any county
or other municipal corporation thereof.
Miscellaneous Provision*
See. 64. The repeal of a statute shall
•not revive u statute previously repealed
tiy Ktich statute, nor sliuli such repeal
affect any accrued right, or penalty In-
curred, nor proceeding* begun by virtue
of such repealed statute.
Sec 65. No money shall ever be paid
out of the Treasury of this State, nor
any of Its funds, nor any nf the funds
under Its management, except in pursu-
ance ef am appropriation by law, nor un-
ices sucli payments be made within two
and one,half years after the passage of
such appropriation act, and every such
law making a new appropriation, or con-
tinuing or reviving itn appropriation,
shall distinctly si»oclfy the sum appro-
priated and the object to which it is to
be applied, and It slu^l not be sufficient
for Much law to refer to any other law
to fix Aich sum.
Sec. 66. The general appropriation bill
shall embrace nothing but appropriations
for the expense* of the executive, legisla-
tive, and Judicial departments of the
State, amt for interest on the public debt.
The salary of no officer or employee of
the State, or any subdivision thereof,
shall be Increased in such bill, nor shall
any appropriation tie made therein for
any mirh officer o^ employee, unless Ills
employment and the amount of his sal-
ary. shall have been already provided for
hy law All other appropriations shall
be made by separate bills, each embrac-
ing but one subject.
Sec. 07 Every act of the legislature
shall embrace but one subject, which
shal! be clearly expressed In its title,
except general appropriation bills, gen-
eral revenue blite, mid bills adopting a
code, digest, or revision of statutes; and
no Paw shall he revived, amended, or the
Provisions thereof extended or conferred,
ny reference to Its title only; but ho much
thereof as is revived, amended, extended,
or conferred shall be re-enacted Anil
published ut length: Provided, That If
miy subject be embraced in uny act con-
tray to the provisions of this section,
sucli act shaU be void onlv as to so much
of the law as may not be expressed In
the title thereof.
Bee. 6k. No act shall take effect until
ninety days after the adjournment of tho
session at which It wus passed, except a
general appropriation bill, or unless. In
i-use of emergency to tie expressed in the
act. the- Legislature, ey a vote of two-
tblrds of afl member* elected to each
House, so direct. An emergency measure
sUafl include only such measures as are
Immediately necessary for the preserva-
tion of tlx- public peace, health, or safe-
ty, ami shall not Include the granting of
franch! ses or license to a corporation #r
Individual, tn extend longer than one
year nor provision for the purchase or
sale of real estate nor the renting or en-
I'Uinbrsnce of re*l property for a longer
term than one year. Emergency meas-
ures rimy he vetoed by the Governor, but
such measures so vetoed may be passed
liy b three-fourths vote of each House to
lie duly entered «n the Journal.
Bee. 69. Istw* ot a general nature olmll
have a imJR»rin operation throughout the
State, nmt where- a general law can be
made applicable, no special law shall be
enacted.
Bee. 60. The legislature shall ptovlde
by law for the establishment and mainte-
nance of an efficient system of chinks
and balances between the officers of the
Kxocilttve 1 H'pbrltnrnt. and ail rummM-
stoncre anil superintendents, and board*
of eontrid of Hint* Institution*, and all
other officers entrusted with Hie collec-
tion, receipt, custody, or dlMhurseiiH'iit
of the revenue or money* of the Htate
whatsoever
Commission ot Labor
Rec ?0 A Depn.rtm**>t of lathor 1*
hei*-b> created to be Ulidi r the coulrol
of u Unmmiealunrr of I sc lie r to lie elected
hy the people, whose term of office shall
be four years, ntul whose duties shall be
pn scrll cd by lax*
Bee. 21 Tb" 1 <cgl*l»turn slinll crrqte n
Hoard of Arbitration und i'run Illation in
lb- |*4l*ir Iie|rartmcnl. and tile 4'oltihtla-
stnner of laliis ahull he ex-offlcto chair-
man.
The fnauranc* Commissioner
Rec. 22. There la hereby established an
Insuranci 1 >• partment. which shall t"
sharped with the execution of all Isw*
how in force, or which shut! hereafter
tie pa-*ed, tn relation to Insurance an I
Insurance companies doing business in
the State
***< 12 Thct shall b* elected by the
quatifed electors of the State, at the first
general election, a chief officer of »ant
department, who *h»ll be styled "The
Insurance Commissioner," whose term of
office shall be four year*: Provided, That
the first term of the Insurance Commis-
sioner so elected, ahull expire at ttie time
of the expiration of the term of office of
the first Uovernor elected. Bald insur-
ance Commissioner shall be at least
twenty-five years of age and well versed
in Insurance matters.
Bee. 24. The Insurance Commissioner
shall give bond, perforin such duties, and
Improvements upon property benefited
thereby, homestead* Included without
rugard to a cast) valuation.
Sec. 2. All property which may be
taxed advalorem shall he assessed for
taxation at Its first cash value, ustimaled
at tiie price R would bring at a fair vol-
untary sale; and any officer, or other
person authorized to assess values, or
subject*, for taxation, who shall commit
any wilful error In the performance of
his duty, shall lie deemed guilty of mal-
feasance. and upon conviction thereof
shall forfeit his office, and be otherwise
punished as may be provided by law.
See. 9 Except as herein otherwise pro-
vided, the total taxes, on an ad valorem
basis, for all purposes. State, county,
township, city or town, and school dis-
trict taxes, shall not exceed in any one
year thirty-one and one-half mills on
the dollar, to l>n-,dl\liii-d follows;
State levy, no! more than three and
one-half mills, county levy, not more
than eight mills: 1’iovlded, That any
county may levy not exceeding two mills
additional for county high school und aid
to the common schools of the county, not
over one mill of wlucn shall he for sucli
high school, ang the aid to said common
schools shall be apportioned as provided
by law . township levy, not more than
live mills; city or town levy, not more
Hum ten mills; school district levy, not
more than five mills on the dollar for
school district purposes, for support ot
common schools: Provided, That the
aforesaid annual rate for school purposes
may be Increased by any school district
by an amount not to exceed five mills
o:i the dollar valuation, on conillton that
thive-fiftlw of the voters thereof voting
at an election, vote for said increase
See. 10. For tiie purpose of erecting
public buildings In counties, cities or
school districts, the rutes nf taxution
herein limited, may be increased, when
I lie rate of such increase aidd the pur-
Isiso for which it Is Intended shall have
been submitted to a vote of Hie people,
and a majority of the qualified voters of
such county, city, or school district, vot-
ing at such election, shall votu therefor:
Provided, That such Increase shall not
exceed five mills on the dollar of the
assessed value of the tuxable property
In such county, city, or school district.
Bee. 11. The receiving, directly or In-
directly. by any officer of the State, or
of any county, city or town, or member
or officer of the legislature, of aay in-
terest, profit, or perquisites, arising frjm
the use or loan of public funds in his
hands, or inoneyk to ho raised through
his agency for Htate. city, town, dlstrjyt,
or county pur|>ose« shall he deemed a
felony. Bald offense shall bo punished as
may Im* prescribed hy law. a part of
r 1 lob punishment shall he dlsquullflca-
BJn to bold office,
See. 12. The Legislature shall hrrvT-
power to provide lor the levy and col-
lection of license, franchise, gross reve-
nue, excise. Income, collateral nnd direct
inheritance, legacy, and succession taxes;
also graduated Income taxes, graduated
ollatcral and direct Inheritance taxes,
graduated legacy and succession taxes;
also stump, registration, production or
oilier specific taxes.
Sec. 13. The Htate may select Its ob-
jects of taxation, and levy and collect its
revenues Independent of the counties,
cities, or other municipal sulHllvIsiunM.
Sec. 14. Taxes shall he levied and col-
lected by general laws, and for public
purposes only, except that taxes may he
levied when necessary to carry Into ef-
fect Hectlon thirty-one of the Bill of
Rights. Kxcept as required by tiie En-
abling Act. the State shall not assume
the debt of any count
possess such further qualifications
may he prescribed by law.
Commissioners of Land Offlc*
Sec. 32. The Governor, Secretary of
State. State Auditor. Superintendent of
lhibllc instruction, amt the President of
the Board of Agriculture, shall consti-
tute the Commissioners of the Lund
Office, who shall have charge of tiie sale,
rental, disposal, ami managing of tiie
school lands and other public lands of
the State, and of the funds and proceed*
derived therefrom, under rules und regu-
lations prescribed by the l^glslatuie
Sec. 33. An uccount shall be kept hy
the officers and commissioners of tins
State of all moneys, and chose* In ac-
tion disbursed or otherwfse disposed of
severally by them, from all sources, and
for every service performed; und a re-
port thereof shall be made seinl-anuually
and as often as may be required hy law.
fo tiie Governor under oath. The Gover-
nor may, at any time, require Informa-
tion in writing, under oath, from all of-
ficers und commissioners of the State,
anil all officers of State Institution*, pen-
al. eleemosynary, educational, and tnilus-
trlnl on any subject relating lo their re-
spective offices and Institutions; which
information, when so required, shall lx'
furnished by such offlcors and manag-
ers; nnd any officer or manager who. at
any time, shall make a false report, shall
be punished as hy law provided.
Sec. 34. Kach of tile officers In this ar-
ticle named shall, at stated time*, dur-
ing his continuance in office, receive tor
his services a compensation, which shall
not be Increased or dinilnlwheil during tiie
term for which lie shall have been elect-
ed; nor shall ho receive to his use. any
fees. cost*, or perquisites of office or
other compensation.
Seal of the State
Sec. 36* In the center shall he a five
pointed star, with one point directed up-
ward. Tiie center of the seal shall con-
tain the central device of tiie seal of the
Territory of Oklahoma, Including tho
words, "Labor Omnia Vinclt." The up-
per left hand ray shall contain tiie sym-
bol of the anciunt seal of tiie Fherokos
Nation, namely: A seven pointed star
partially surrounded by a wreath of oak
leaves. The point directed upward shall
contain tho symbol of the ancient seal
of the Chickasaw Nation, namely: An In-
dian warrior standing upright with 1k>w
and shield. The lower left hand point
shall contain he symbol of the ancient
weal of the Creek Nation, namely: A
sheaf of wheat and a plow. Tiie upper
right hand point shall contain tiie sym-
bol of tiie ancient seal of the Choctaw
Nation, namely; A tomahawk, t»ow, and
three arrows crossed. The lower right
hand paint shall contain Uie symbol of
the ancient seal Of tiie Seminole Nation,
namely; A village with houses and a
factory beside a lake upon which an In-
dian is paddling a canoe. Surrounding
the central star and grouped lietween
its •mints shall be forty-five small stars,
divided into five cluster* of nine stars
each, representing tho forty-five states of
the Union, to which the forty-sixth is
now added. In a circular band surround-
ing the wiiole device shall be inscribed,
GREAT SEAL OF THE STATE OF OK-
LAHOMA 1907.
IMPEACHMENT AND REMOVAL
Section L The Governor and other
elective State officers, including the Jus-
tices of the Supremo Court, shall be lia-
ble or subject to Impeachment far wilful
neglect of duty, corruption in office, hab-
itual drunkenness, inconipcteney, or any
offense Involving moral turpitude com-
mitted while In office.
Bee. 2. All elective officers not liable
to impeachment shall be subject to re-
moval from office in such manner and
for *uub cause* as may be provided by
Sec. *3. When sitting as a court of Im-
peachment. the Senate shall be presided
over by the Chief Justice, or if lie is
absent or disqualified, then one »of tho
Associate Justices of the Supreme Court,
to be selected by it, except In cases
where all the members of Aald court are
absent or disqualified, or in cases of im-
peachment of any Justice of the Supreme
court, then tiie Senate shal! elect one of
it* own members as a presiding officer
for such purpose. The House of Repre-
sentatives shall present all impeach
tnents.
Sec. 4. When the Senate kt sitting as a
count of Impeachment, the Senators shall
be on oath, or affirmation, impartially
to try the party Impeached, and no per-
son shall be convicted without the con-
currence of two-thirds of the Senators
present.
Sec. 5. Judgment of Impeachment shall
not extend beyond removal from office,
hut this shall not prevent punishment of
any such officer on charges growing out
of the same matter by the courts of the
State.
Sec. 6. The Legislature shall pits* such
laws as are netessary for carrying into
effect the provisions of this chapter.
REVENUE AND TAXATION
Section 1. The flsral year shall com-
mence on the first day of July In each
year, utiles* otherwise provided by law.
Sec. 2. The Legislature shall provide
hy law for an annual tax sufficient, with
other resources, to defray the estimated
ordinary expenses of the State for euch
fiscal year. •
Sec. 3. Whenever tiie expenses of any
fiscal year shall exceed Uie income, the
legislature may provide for levying a tax
for the ensuing fiscal year, which, with
other resources, shall he sufficient to
pay the deficiency, as well as the esti-
mated ordinary expenses of the State for
tiie ensuing year.
Sec. 4. For the purpose of paying the
State debt, if any. the Legislature shall
provide for levying a tax. annually, suffi-
cient to pay tho annual Interest and prin-
cipal of such debt within twenty-five
years from tho final passage of tiie law
creating tho debt.
Sec. S. The power of taxation shall
never be surrendered, suspended, or con-
tracted away. Taxes shall lie uniform
upon the nutne class of subject*.
Hec. 6. All property used for free pub-
lic libraries, free museums, public ceme-
teries, property used exclusively for
school*, college*, and all property used
exclusively for religious and charitable
purpose*, and all property of the United
Stair*, and of till* State, and of counties
arid of municipalities of this State; all
household goods of the head* of families,
tool*. Implement*, anil live stock em-
ployed l.i the support of the family, not
exceeding one hundred dollar* in value,
nnd *11 growing crop*, alinll lie exempt
from taxation: Provided. That all prop-
erty not heroin specified now exempt
from taxation under the laws of the Ter-
ritory of Oklahoma, shall lie exempt from
taxation until otherwise provided by law
And J*rovldod Further. Tliul there shall
# exempt from taxation to all ex-L'nlon
and ex-Confederate soldiers, bona fide
resident* of tills State, und to all widow*
of ex-l'iilon and ex-Con fed crate soli Hers,
wlio are head* of families and bona
fide residents of till* Stale, personal
property not exceeding two hundred dol-
lars In value.
AH property owned hy the Morrow In-
dian Orphan Home, located In '*»ml Coun-
ty, nnd ail properly owned by the Whit-
taker Orphan Home, iix-ateil In Mayes ■
County, so lung a* the same shall he uanl |shall take effect until It ahall, nt
j exclusively a* free home* or aehoola for
I orpknn children, ami for imor and In-
] dlgent persons, and all fraternal orphan
| lullin'*, end olliel olpliuli holm s, logl til
I er with all their charitable funds, ahall
| lie exempt from taxation, and such prop-
erty us may tie exempt by reason of
1 treaty stipulation, exluiing lietween the
Indians and the United Stales govern-
| Blent, or tjy Federal law*, during Uie
1 force and effect of such tretttle* or Fc 1
oral Its* The Legislature may author-
I *«" any Incorporated rliy or town, hv a
I majollly Vole of It* elector* Voting Ml re
on. to exempt manufacturing establl.-di
mefitx and public utlllti1** front niunhi-
1 pal taxutlnn. for a period not exceeding
j five years, as an Inducement lo their
location.
Sec. 7 The legislature may authorise
I county and murtlclpal cBporatlona pi
' levy and isdleci aaaessinuiii* for local
amount including existing iadeixednesa,
tn the aggregate exccenmg live per can
turn of the valuation of tho taxable prop-
erty therein, to be ascertained from tiie
last assessment for State and county
purposes previous to the Incurring of
tiuch Indebtedness ' Provided, That any
county, city. town, township, school dis-
trict, or other political corporation or
ntibillvision of tho State, hiuurr!:;g any
inilchtitdiiesa, requiring the assent of th«
voters aa aforesaid, shall, bet ore or at
th* time of doing no, provide for the col-
lection of an annual lax HiifficleDt lo pay
the Interest on such IndebtednilM a?, it
fulls due, and also, to constitute a sink-
ing fund for the payment of tb* princi-
pal thereof within twenty-live y«ar»
from tho time of contracting same
he.', 27 Any lncoriM,rated city #r town
in till* State may, by a majority of the
qualified property tax paying voter* ot
*ucU city or town, voting ai aa election
in lie held for that purpose, be allowed
to become Indebted in a larger amount
than that specified in aectlon twenty-
six. for the purpose of purubaulag or
constructing public utilities, er for re-
pairing tiie same, to be owned exclusive-
ly hy sucli city: Provided. Tiiat any
sucli city or town incurring any such ln-
dehtednea* requiring the assent of th*
voter* ics aforesaid, shall have the power
to provide for, und. before or at the time
of incurring such indehlod-'lesa, shall
provide for the collectiou of an annual
tax 111 uddttion to the other taxes pro-
vided for liy this Constitution, sufficient
to pay tiie interest on such iudelitednes*
a* It fall* due. und also to uuimtliute a
*tnkl:ig fund for tiie payment of the prin-
cipal thereof within twenty-five year*
from Uie time of contracting the min*.
Sec. 28 Counties, townships, school
dint rict*. cities and town* may levy suf-
ficient additional revenue to tirealn
sinking fund to be used, first, luc tho
payment of interest coupon* a* they fall
due; Hi'i'ond. for tiie puymtsnt of benda
as they fall due: third, for the payment of
sucli part* of Judgments n* sucli munici-
pality may, liy law. be required to pay.
Sec 29. No bond or evidence qf in-
debtedness of this Htate shall be valid
unless tiie same shall have endorsed
thereon a certificate, signed hy the Aud-
itor and Attorney General of the State,
showing thut tiie bond or evidence of
debt Is issued pursuant to law and la
within tiie debt limit. No bond or evi-
dence of debt of any county, or bund ut
any towiMliip or uny other political sub-
division of any county, shall be valid
unless the name have endorsed thereon
a certificate signed by the County Clerk,
or ottier officer authorised by law to
sign sucli certificate, and the County At-
torney of tiie county, stutlng that said
bond, or evidence of debt, is Issued pur-
suant to law, und that said Issue la with-
in tiie debt limit.
Sec. 30. The Legislature shall require
nil money collected by luxation, or by
fee*, fines, and public charges of every
kind, to be accounted for by a system of
accounting that *lmll be uuifortn for each
cluss of accounts, State and local, which
shall be prescribed and audited by au-
Aiorlty of the State.
EDUCATION *
Section 1. The Legislature shall eatab-
j llsli und maintain a system of free pub-
| lie schools wherein all Uie children of
I the State may be educated.
Sec. 2. The legislature shall provide
i for the kslabllalunent and support of
| Institutions for the care und education
' of the deaf, duuth, anil blind of the State.
Sec. 3. Separate «chi>ols for white and
| colored children with like arcotiMnoda-
tloi|i tdiall be provided by'the laiglaiature
The term
v, municipal cor- i * id impartially maintained. Tin
ubdlvision* of tiie ; 'colored children" ha used in thl*
pci-utlon. or political subdivisions of the colored children" ha used tn thl* section
Htie. unless such debt shall have been shall be construed to mean children of
contracted to defend in time of war. to African descent. The term "whit* cbll-
repel Invasion, or to suppress Insurrei— dren shall include all other children,
tjon Sec t. The Legislature shall provide
Sec. 15. The credit of the State *1 ill | for the compulsory* attendance at worn*
not tie given, pledged, or loaned to a ly | public or other school, unless other
individual, company, corporation, or a*- “
*-iciatlon. municipality, or political sub-
division of thn State; nor ahall the (jtate
become on owner or stockholder lit nor
make donation by gift, subscription to
stork, by tax, or otherwise, to any com-
pany, association, or corporation.
Bee. 16. All law* authorizing the bor-
rowing of money by and on behalf of Uie
Htate, county, or other political sub-
division of the Htate, shall specify the
purpose for which th# money I* to t*e
used, and the money so borrowed shall
be used for no other purpose.
Sec. 17. The Legislature shall not au-
thorize any county or subdivision there-
of. city, town, or incorporated district,
to become a stockholder In any company,
iMsoclation. or corporation, or to obtain
or appropriate money for. or levy any
tax for. or to loan It* credit to any cor-
poration, association, or Individual.
the levy and collection of a poll tax on all
electors of this Htate. under sixty years
of age, not exceeding two dollar* pet-
capita, per annum, and may provide a
penalty for the non-payment thereof.
Sec. 19. Every act enacted by the Leg-
islature, and every ordinance nnd reso-
lution passed ' y any county, city, town
iiichii* of education are provided, of all
liio children tn the Htate who are sound
In mind and body, between the age* of
eight and sixteen years, for at least three
month* In each year.
Bee. 6. The supervision of inatrnctlon
In tho public schools ahall be vested In a
Hoard of Education, whose powers and
duties all all be prescribed by law. The
Superintendent of Public Instruction.
' shall he President of th* Board. Until
! otherwise provided by law. the Governor.
1 Secretary of Bate, and Attorney General
shall lie ex-officio members, and with the
Superintendent, compose said Board Of
Tolui atlon.
Sec. The legislature shall provide
for a uniform system of text-books for
the common schools of the Btste.
Bee 7. The Legislature shall provide
for the teaching of the elements of Sgrl-
iiilture, horticulture, stock feeding, and
ViTheN^^iaruvo'm^ya'utiiorixe 111 the
CREATING AND ALTERING COUN-
TIES
Section 1. The legislature shall pro-
vide by general laws lor the creation of
new counties or altering or changing
Unes anil the equitable division of aabets
ami of liabilities, and the original iuoa-
or municipal board or local leg'l.latlv" ln ,uci "ew
body, levying a tax, shall specify ill*- lTovldod, that every such question
tinctlv the mirrMuw- for which mil.I lax ] elrJxli tie submitted to tiie vote ot tit*
quulifiud electors residing ln the terri-
tlnetly the purpose for which sal.I tax
1* levied, and no tax levied aid collect-
ed for one purpose shall e^r be devoted
to another purpose.,
Sec. 20. The Legiaiatnre shall not Im-
pose taxes for the purpose of any coun-
ty. city, town, or other municipal ior-
piratlon, but may, by general laws, con-
fer on the proper authorities thereof, re-
spectively, tiie power to assess and col-
lect such taxes.
Bee. 21. There shall be a State Roard
of Equalisation consisting of the Gover-
nor. Htate Auditor. Htate Treasurer, Sec-
retary of Htate. Attorney General, State
Inspector and Examiner, and President I
of the Board of Agriculture. The duly |
of said Roard shall he to adjust und |
equalize tiie valuation of real and per- |
zonal property of the several countie* j
in the Stale, nnd It *hall perform other [
(lutlek a* may be prescribed by law. and |
they sliuli assess all railroad and public ,
service corporation property.
Sec. 22. Nothing In this Fonslltiitiim I
shall lie held, or constructed, to pro- I
vent the classification of property for
tory to be formed into such new county
or trauaferred to unulher county, and
shell lie approved by sixty per centum of
the votes Cast ln said election: Provided,
That no new county shall be formed of
less Gum four hundred square mile* tax-
able area, nor with a population of leas
than fifteen thousand people, nor with
taxable wealth ie*a than two end one-
half million dollar*, a* shown by the cur-
rent tax roll*. Nor shall any territory be
taken from an existing county for any
purpose bringing the newly created line
of such existing county nearer than tun
mile* to tb* county seat /thereof. Nor
•hail thn taxable area, population, or tax-
able wealth of said existing county be
reduced below tiiat required foi a new
county. Nor ahull any territory, ln any
case, be transferred from one county to
an existing county, if by such transfer
of territory, the county from which the
territory be taken wlli then be smaller
In area Ilian tiie county to which Ate ad-
purpoee. of I
qp meVl'mda * rUs,"'s ',tff,,t'nt means J |(||[ cou|lty thore iuu*t be sixty per cen-
1turn of the vote cast In such particular
a mi inaeoteane** . territory In favor of-the transfer, and. In
B«e. .3. Tiie Htate may. to muut^euuumi I tti«, transfer lie. l" an existing coun-
ty, tiie acceptance of such territory must
first bn approved by a majority vote of
the electors of »•.)<! county, at un elec-
tion lo tie called unq odd therefor, as
Public
The State may,
deficit* or failure in revenue, or for «'X
penaes not provided for, contract debts,
j>ut such debts, direct and contingent,
fcingly or In the aggregate, shall not. ut
any time, exceed four hundred thousand b? iw Th. U^t.uin
toMa^'creaUng .lTh d!t>?* shall he" up- I - “> »r«“' v‘Uu*Uon' Mid.Population •»“*'
nut be Inireuaod by the Legislature.
Sec. 2. Unorganised Counties. When,
plied to the purpnan for which they were
obtained or to repay the debUi*oj.OR- ( Uluo hnr..afler. the aggregate val-
tracted. and lo no other purpose what- I of» ^ llutltble property In any one
ever.
S*»«' ?4. In addition to >' 1 t lim-
ited power lo contract dobti, the
may contract dehtu to repel Invasion,
imp press Insurrection or to defend the
Stale In war: hut the money arising from
the contra* ting of «urh debts alinll b«
applied to the purimne for which It was
raided, or to repay auch debt, and to no
other purpose whatever.
Mw. 2ft Kxcept the debts specified In
sections fwsnty-three and twenty four of
this article, no debts shall be hereafter
contracted hy or on behalf of this Htate.
UhIsm such debt shall he authorised hy
law for woroe work or object, to t»e ills*
tlnrtly specified therein; such law
•hall Impose and provide for the collec-
tion of a direct annual tax to pay. and
i tn he Ml
debt as It falls due. and also to pay and
discharge the principal of such debt
within twenty-Hve years from the time
of the contracting thereof. No such law
11, at a *en-
era! election, have been submitted to
the people and have rerived a majority
of all the vote* cast at such Weetion
On Itiu final pa»«rise of -uch bit! tn
• fcther House of the Isn'.sluturn, the
i^neatlo hi i • % \ m !
nays, to tie duly entered on the Journals
thereof, and ahull be; “HI all tills bill
p.iMS. and ought the same to receive the
•unction of the people?*
Mec. it No county, city, town, town-
ship. school district, or other political
' °rporatlcin, or hiiIhIIvImIops nf the State.
• » V
unv manner, or for any purpose, to mi
amount exceeding in uny year, the In-
come and revenue provided for such >ear
without the ssMciit of three.four*\e of the
voters thereof \ • 11 tiff at an elect ii* '
he held for that purpose, nor In t uses
re<9iilrliiK such *s»cnt, uhall any Itvlohl
tfdnes* be allowed to be Incurred lo an
property
county be u sum total loss than two and
one-half million dolin’*, upon petition of
one-fourth or more of the uualltted elec-
tors of such county, as shown by the
last general election, signed, verified, urtd
filed with tho county commissioners
thereof, nut loss than sixty da>V» before
the date of uny general election, such
county commissioners shall submit, upon
the ballot at »‘jeh next ensuing general
election, to the qualified electors of the
county, the questions; 'Shull tiie county
be oji unorganised county?" "le*." or
"No." If a majority of the votes oast on
thin question at auch election sliuli be
In the affirmative, such county shall
thereafter »>«■ unorganised ami be attach-
ed to and bo a part of the adjoining
In twist on’such |lognlf having the ajwest valuation of
taxable prop* rty. and shall to remain a#
a Ulalrlut In xjvii county until sucli time
a* Mu: quulU'id elector* uf such unur-
gvlili-1 county sliuli, hy similar petition
.uni vote, dec Lire III favor of separate or-
Kiiulsi.il county existence: I’rovldnd. Huw-
e- or. That at ail times (luring (such un
••t-gsulKod exlatelii'o, sucli county shall
have four terms of county court at the
county *«ai therein each year and th*
Judge uf the county court ahall np|M>lnk
a i lerk of tha* county court of *ald dla-
trli t. fium among the qualified elector*
Iherruf, wlio sliuli keep uud maintain, hi*
office at sucli county sie.t: Pnivldni
Further. That while to unorganised,
sucli county ahull, in all riupccta, is* tsart
m l parcel of Mie county with which II
Is united
MISCELLANKOU2
Labor
He. lion I Eight lours shall constitute
i dux'* work In all coxia uf einpio, uieni
hy ale* on behalf of the Htate or uny
'•ounty or municipality._
• To be cofifflu loti next wcok t
I
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Outhier, C. C. Okeene Eagle. (Okeene, Okla.), Vol. 13, No. 26, Ed. 2 Friday, April 12, 1907, newspaper, April 12, 1907; Okeene, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc1173702/m1/3/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.