Luther Register. (Luther, Okla.), Vol. 8, No. 35, Ed. 1 Friday, March 29, 1907 Page: 2 of 8
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Full Text of
Constitution
ORGANIC LAW OF NEW STATE AS
SUBMITTED TO EDITING COIU-
MITTEE BEFORE CON-
VENTION ADJOURNED
FOR RECESS
(Continued from last wool:.)
ftoada, Highway® and Internal Improve-
mtntt
Baction 1. The lu*lalu.turo la directed
to eetu-hllah a department of highways,
and shall havo the power to create im-
provement districts iuid provide for build-
ing and maintaining public roada, and
may provido for the utilisation of con-
vict and punitive labor thoreon,
Hac. 2. The stale of Oklahoma here-
by accepts All reservations and 1 a "da
for public highways mode under any
tfTaut. agreement, treaty or act of con-
gr* : provided, thla section PK M not be
construed to prejudice the Vested rights
Of any tribe, aflutter or other to any
such hind.
School Linda
Section 1. The at ate hereby aeewpts all
grants of land and donations of money
niadu by thA United Htp.tos under the
provisions of the enabling act and any
Othur ucta of congroN* for the uses and
purpose* and upon the conditions, and
under the limitations for which the same
are granted or donated, and the fat til
of the atato In hereby pledged to hold
auoh landa a sacred trust, and to
keep the same for the use# and purposes
for whioh they were granted or donated.
Hoc, 2. All procoeds of the sale of* pub-
lic lunda that havo heretofore been or
may be hereafter given by the United
RtntSH for the use and benflt of the
common schools of thla state, all such
Per centum us may be granted by the
United Ntntes on the sales of l ubl1o
land*, the sum of five million dollars
appropriated to the stato for the use
and benefit of the common schools In
lieu of sections sixteen and thirty-six,
and other lands of the Indian Territory,
the proceeds of all property, that shall
fsll to tho state by escheat, the proceeds
of all gifts or donations to the state for
common schoola not otherwise appro-
priated by the terms of the gift's. and
touch other appropriations, glfta or dona-
tlona as shall be made by the legislature
r r the benefit of the common schools,
shall oonstltnto the permanent school
fund, the Income from which shall be
Used for the maintenanoo of the com-
mon schools In the state. The principal
shall be deemed a trust fund held by the
state, and ahall forever remain Inviolate
!VR.V Increased, but ahnll never be
diminished. Tho atate ahall reimburse
said permanent -school fund for all Iohhps
thereof which mav In sny manner oc-
cur. and no portion of said fund shall
be diverted for any other use or purpose
flee. 3. The interest and Income of the
permanent School fund, the net Income
from the lenalng of pnbllc lands which
nave been or may be granted by the
United Htates to the state for the use
and benefit of the common schools to-
rether with nnv revenue* derived from
tnxea authorised to be levied for such
nurpoies and nur other sum* which mav
be added thereto bv law. shill be used
and npplled each year for the benefit
of the public schools of the state, and
*h* ll be. for this purpose, apportioned
among and between all the 'several com-
mon school district a of the state in pro-
portion the school population of the
several district*, and no part of the fund
shall ever be diverted, even temporarily
from this purpose, or used for nnv other
purpose than the support and mainte-
nance of public schools fo- the equal
benefit of all the people of the state.
See. 4. All public landa set apart to
the " t n t e bv congress for charitable
pcnil. educational and public building
Purposes, and nil lands taken In lieu
thereof mav be sold bv the stnte un-
der unpf! niip„ Rn(1 regulations as the
legislature mav prescribe ln conformity
w'tti the regulations of the enabling act
Sec. r,. Section In every portion of the
state, which ha* been granted to the
atate. shall be held for the use and bene-
fit of the University of Oklahoma and the
TTn!ve?v1ty Preparatory school one-third;
of the normal school* now established or
hereafter to bo estableshd. one-third; and
of the Agricultural and Mechanical col-
lege nxid Colored Agricultural and Normal
University, one-third. The said landa or
the proceeds thereof as alcove appor-
ttoned to be divided between the Institu-
tions as the legislature may prescribe;
provided, that the said lands so reserved.
slot? and shall receive and transport each
other s tonnage or oils, or commodities,
lender «uch rules and regulations aa ahall
do prescribed by law, or such commis-
sion.
Hec. 4. All telephone or telegraph lilies
operated for hire, shall, each respective-
ly, receive and transmit each other's
messages without delay or discrimina-
tion and make physical connections with
each other's lines, under such rulea and
regulations aa ahall be prescribed by
IwT* or any commission created by
thi« constitution, or any act of the leg-
islature for that purpose.
Sec. 6. Railroads heretofore construct-
ed. or which may hereafter be construct-
ed in this state, are hereby declared public
highways. Every railroad or other pub-
lice service corj oration organized or do-
ing businesa in this state, under the laws
or authority thereof, shall have and
maintain a public office or place in this
state for the tranamlaalon of its business
where transfers of stock shall be made,
and where shall be kept, for Inspection
ny the stockholders of such corporation,
books, in which shall be recorded the
amount of capital stork subscribed, the
names of the owners of stock, the
amounts owned by them, respectively;
the amount of stock paid, and by whom;
the transfer of said stock, with the
oate of transfer; the amount of its as-
sets and liabilities and the names and
a dlstanee oi four miles of any county
seat without passing through the same
and establishing and maintaining a depot
therein, unless prevented by natural ob-
stacles such as streams, hills or moun-
tains; provided, such town, or Its citl-
*ens, shaJl grant the right-of-way
through its limits and sufficient ground
for ordinary depot purposes.
flee. 14 a corporation commission Is
hereby created, to be composed of three
persons, who shall be elected by the p^o
pie at a general election for state oifi-
cers. and their terms of office shall be
six years, provided, corporation commis-
sioners first elected under this constitu-
tion rhall hold office as follows: One
•hall serve until the first Monday In Jan-
ary. nineteen hundred and nine; or.e
until the first Monday in January, nine-
• h*'n *iundred and eleven; and one urtil
tne first Monday in January, nineteen
hundred and thirteen; their terms to Pe
abided by lot immediately after they
shall have qualified. In case of vacancy
v. ?i rn? * the K°vernor of the stsvs
snail fin said vacancy by appointment
until the next general election, when a
slicensor shall be elected to fill out any
unexpired term.
Sec. is. The qualifications of such
commissioners shall be as follows: To
be resident citizens of this state for
over two years next preceding the eleo-
■ qualified voters under the ron-
nlnre. V*# 1".,^' na me names and ana qualified voters under the con-
,\Vh residence of its officers, and "titutlon and laws, and not less than
# "IS rs re<lu,red by law or, thirty years of age; nor shall such com-
th« p # eorporatlln commission, missloners, or either of them be direct
Jr ^hL7®i0?i.0f every raiIroad company, ly or indirectly. intei ested in any rail-
l ' '1: '"'' *ervl<f corporation, shall road. street railway. tractionlinecanal
itale nubflc nftt w* annually In Ihls ' *tea,n boat, pipe line, car line, sleeping
Jit . . notice of which shall he ! car line association, express line trie
given thirty days previously, and the Phone or telegraph line ooar"ted for
rZf "r 8uI'erlnten0®nt of every rail-| I Ire. In this state! or out of it or uv
cnr.L.rut'!npany a"t other public service stock bond, mortgage security or earn
InXih Btnt.organized or doing business Ings of any such railroad street railway
n this state under the laws of this state traction line, compress or elevator mm'
nuallv under o- ^h,'re°/' ^ r""°rt """ 'T'"*1 commoner shal
rem w. . a"J "lakt' "ut'h other voluntarily become Interested his offiio
reports as mav be reo,.ir«H i... i. hull 13 """ '
. „ :• nuv.ii wnifi ■"".■•uiiiij uciome interested hi«i off
P as may be required by law or ' become vacant; 'imi if a'nv corpora-
atlon commissioner, commissioner rliall become to In-
their acts nml dn. tcrested otlifru-lc.i ti..... ...ii .
. • uini mo muu mrujH so rPRervHi.
r r the nroceods of the sale thereof, or of
sny indemnity lands granted ln lieu of
section thirteen ahall l>e safely kept or
Inwyted nnd held by tho atate its a
trust, which shall never bo diminished,
but may be added to. and the Income
theroof. Interest, rentals, or otherwise,
only shall be used exclusively for the
benefit of said educational Institutions.
Such oducatlonal institutions whall re-
main under the excluslvo control of the
state and no part of the proceeds arls-
,g from the sale or disposal of any
lands grtinted for educational purposes, or
the in<*ome or rentals thereof. 9hall be
Ufced for the support of any religious or
sectarian school, college or university,
SJid no portlen of the funds arising from
the sale of sections thirteen or any in-
demnity lands selected in lieu thereof,
either principal or interest, shall ever be
diverted, either temporarily or perma-
nently. from the purpose for which said
lands were granted to the state.
Sec. 6. The permanent common school
and other educational funds shall be In-
vested In first mortgages upon good and !
Improved farm lands within the state j
(and no cash shall be more than fifty
per centum of the reasonable valuation '
of the lands without improvemnts be I
loaned on aaiy tract), Oklahom astate '
bonds, county t>onds of the counties of j
Oklahoma school district bonds of the
school districts of Oklahoma. United
States t>onAi. preference being given to
the securities in the order named.
The legislature shall provide the man-
ner of selecting $he securities aforesaid,
name the officer to make such invest-
ment prescribe the rules, regulations, re-
etrlctlons. and conditions upon which
the fundfo aforesaid shall be loaned or
Invested, and do all things necessary for
tne safety of the funds and permanency
of the investment.
Railroad and Public Service Corporation
Section 1. Every railroad, oil pipe, car,
cxprcSis, telephone or telegraph corpora-
i 12 or ,lS8°clation organised or author-
ised to do a transportation or transmis-
sion business under the law of this state
mr such purpose, shall, each respectively,
aV^« the right to instruct and operate
Jlne and operate the same between
any points in this state, and as such to
connect at the state line with like lines:
and every such company shall have the
right with its road or line, to Intersect,
connect with or cross any railroad or
such line.
Sec. 2. Every railroad, car line, or ex-
press line company, shall, each respect-
ively, receive and transport each other's
cars, loaded or empty tonnage and pas-
sengers, without delay or discrimination
under such rule* and regulations as may
^ ,aw or commission
constitution or by act
of the legislature for that purpose.
. Bec- 3 -A-'1 oil pipe companies shall
be subject to the reasonable control and
^regulation of the corporation ccnnmis-
the ^fPoration commissioner, | commissioner rhall become so in-
L lrh™:!""!' "rW tcte do-' 'jested otherwise than vohTtarlV he
tSntten reiuti^P'ti n 11nclu,,,' |uch "hall, within a reasonable time, divest
m i!ti^ - K railroads and other . himself of such interest; and failing to
pu He ser\ ice corporations as may be (,° this, his office shall become vacant
pass nil* n shall Nor shall any sue, cLmi°™ ner hold
Pass all necessary laws enforcing, by I any other office under the government
thii s'ection 8' U" ,he "rovl«lona SJ ^lt#d.Stntw' or ^ Tat"'
movable rThe T'"?*, stlrk nn(1 a" "'her | "ot, whi'le 'such"'conisooner' ei>iffaRe>*n
sat « Mssr'
rther Public service corporation in this 8(,c. 16. Before entering upon the do-
?iaandh?i b« Personal Proper- j ties of his office, each of said eommts-
t>, .md its real and personal property or 8'°ners shall take and subscriho
any par. thereof, shall be liable to exe- oath of office af prescribed In ^he con
cut'on and sale In the same manner aa '""'tlon and shall, m addition tberet"'
th< property of Individuals; and the leK- "wear that ho is not directly or 'niif et'
lslature sha" pass no laws exempting1 'v. Interested in any raUroad streira!"
any such property from execution and | . traction line; cana° steam hoat
7: Nn Public service corporation association, express ' Une"B tefephdife 'or
thereof iv"'^08, pu^c,hn!'"'t or managers telegraph line, nor ln the bonds stocks
IS i ^ consolidate the stock, prop- mortgages, securities, contract or earr
wlth nr /ranchl*e of Such corporation lng of any railroad, street railway
franchlseJ of or purchase the works or ™rtlon line, steam boat, pipe line ar
Other , any way controi, any Iline. -b'f ping car line, car associate**,
or having .mSi V 7. corP°ration, owning , exPr*« line, telephone or telegraph line
or comiefinl n control a parallel 1 and that he will, t() tho best of his ablU'■
Lnv Hlh ' °.r sha" ar|y officer of | t>'. faithfully and Justlv execute and on
hriMlno n ^corporation owning or con- the provisions of?this "onsfit tlmi
trolling^ a Parallel or, competing line. I a"d all the laws of this state concernin -
mmv t' ther shall any railroad com- railroads, street railways, traction roes'
mTssiV transportatlon company or trans- I canal*, steam boat, pipe lines car lines'
bn ,h?mP.an/' organl"d "nder tho keeping car lines, car asocial ions Tx-
or « L consolidate by private Press lines, telephone and telegraph'lines
' • or otherwise, with any | comprc-ss and elevator companies and
n'mv ,r .lr pa?y'. transportation com- 4" °ther corporations over which said
under h„transmission company organized ' omm sslon has jurisdiction, which oath
the I'nil? 1 S," ,° y other sta'*'. or of -ball be filed with tho secretary of state
the United States. Sec. 17a. The corporation commission
\J m ♦ law shall be passed by the .shall organize by electing one <>f its
granting the right to con- I momoers chairman and appointing a sec
n Iv 1," f " Stre,>t railroaJ with- I 'Otary whoso salary shall be fixed jv
inv Ln M ?" or vllla«,•■ not upon Ith® legislature. A majority of said com-
' „ Pu,b'i° highway, without first ac- i mieslou shall constitute a quorum rnd
(loll I co""'n,t of the local author!- i tr>e con. nrrence of the majority of said
wav ! ™nl.r01 ,of ,he ",reet high- commission shall be necessary to .lecPo
way proposed to be occupied by such! an>' cluestion.
street railroad. ' Sec. 17b. As used in this article, the
l • No railroad transportation, terjm company" shall Include al asso-
roiritf^i' inno r ,other P"b"c service cor-1 ciations and joint stock companies hav-
'.rtontiin f at thl> ,ln"' nf the '"S a">' power or privileges not pos-
th.' hin.fi'i , ' constitution, shall have messed by Individuals, and include all
tlu benefit of any future legislation, ex- I 'orporatlonr except municipal corpcra-
i?" condition of complete acceptance tlcns anJ public institutions owned o-
of all the provisions of this constitu- ' ' C.nHtlled by the state. " °'
ti'aPPl'raJ''e to railroads, transporta- ! ,t,pc. 18. The commission shall have
Ion companies transmission companies the lower and authority and he eh-inn-1
nrovM>„, "'r1,,)l'bl,<' Ji,"rvU'e ™rporatlons- the duty of supervising, reguln[*
■ onl ri i no ,h'nK herein shall lie f" 1 controlling all transportation y\A
which mnv h yalidatlng any charter I transmiission companies doing business in
^i.r Invalid, or waiving any this state, in al] matters relating to the
of the conditions contained In any char- performance of their public dufies a d
I *1 charges thereof correcting abui'< s
Sec. 11. No railroad company shall ar? Preventing unjust discrimination an 1
transport, within this state, any article extortion by such companies- and to
or commodity* manufacture tnat end the commission shall
i° I ti!'ie to time, prescribe <md enfor e
- ,, v <iii y Itri
or commodity manufactured, mined, or .. nllall- Ir01_
produced by it, or under Its authority I !l1? to time, prescribe and enfor -e
or which it may own, in whole or in part'i SKairst such companies, in the mariner
or in which it may have any InteVest' I hereinafter authorized, such
direct or indirect, except such articles charges, classifications of traffic and
or commodities as may be necessary and 1 .aml regulations, and shall renuire
intended for its use in the conduct of ,7? establish and maintain all such
s a common carrier I public
' Sec. 12. No
, : , ; — .■ ">'i-m.iiv <tnti .%. . """"i ti«iu .Mian renuire
Intended for Its use In the conduct of 17! establish and maintain all such
Its business as a common carrier. public service, lacllities and convenience"
•Sec. 12. No .railroad corporation or ,ma5; be reasonable and just, which
transportation company, or transmission L ., f8' charges, classifications, rules
company shall, directly or Indirectly 1«- reguatlols aud requirements, the corn-
sue or give any free frank or free ticket i mlas'on may. from time to time, alter or
free pass or other free transportation! I J£Jf rates- charges, alassifica-
for any use within this state, except to i .n®,- ru,es and regulations adopted or
Its employes and their families, its off.- ac,ed upon, hy any such company 'in
cers. agents, surgeons, physician* and at- consistent with those prescribed hv'
torneys at law, to ministers of religion ; ™mn,ls!'lon. within the scope of its *„
eltng secretaries for rallmnrt 1 tho, ity, shall be unlawful and void The
; consistent with those prescribed by iRo
traveling secretaries"fo'r "rklirokd'"^Young ^,ho,lty. shall be unlawful'"and "Jold" The
Men s Christian associations, inmates ot commission shall also nave the right at
hospitals and charitable- and oleemosy- times, to Inspect the books and 'oa-
nary Institutions and persons exclusive- p.Pr8 0 transportation and transmit,
ly engaged ln charitable and eieemosy- s'°" companies doing business In" this
nary work; to indigent, destitute anl state, and to require from such com-
homeless persons, and to such persons Pan'os- from time to time, special renorts
when transported by charitable societies 'Y"1, statements under oath, concerning
hospitals, and the necessary agent-t , f business. It shall keep itself fullv
employed In such transportatl in; to in- ; Informed of the physical condition of ail
mates of the national homes, or stat<* railroads of the state, as to the man-
homea for disabled volunteer soldiers, nPr ln which they arc operated, with refl
and of soldiers' and sailors' homes, in-: erence to the security and accommodation
eluding those about to enter and those the Public, and shall from time ,"
returning home after dlschaj-ge, and time, make and enforce such reouire-
boards of managers of such homes, to mpnts. rules and regulations as mav he
™!n,'!,r' volunteer fire department nfLce«s«xj to prevent unjust or tinrea
and their equipage, while traveling .is sonable discrimination and extort!-- -
such to necessary caretakers of live any transporatlon or transmission
stock poultry and fruit; to employes " '
t ,f P g cars, of expre-ss cars.
...... . ,MI,s i-ais. oi express cars
and to linemen of telegraph and tele
phone companies; to railway mall serv-
ice employes, postoffice Inspectors, cus-
toms inspectors, and immigration In-
spectors: to newsboys on trains, bag-
gage agents witnesses attending any
sonable discrimination and "extortion^
any transporatlon or transmission com-
pany in favor of, or against any per-
son locality community, connecting hne
or kind of traffic in the matter of "a^
service, train or boat schedule, efflcien-
cy of transportation or otherwise. In con
nectlon with the public duties of s,"?h
company. Before the commission shall
prescribe or fix any rate, charge or
^Vn f^'?.!'?n. of traffic, and before It
legal invcstigation h, which the niliroad sta"'m^'e" an"' ^ before It
company or transportation company is m Ll l, ™',,° J nilc- regulation
Interested, persons Injured ln wrecks I or directed against any one
and physicians and nurses attending I nanv comPan'cs oy name, the com-
such p.rsons; provided, that this provl*. such r?.DiPan *8 f° be affected by
thi ,*hft,l.not conatrued to prohibit rule c>!as®lfioat,on' order,
the Interchange of passes for the officers 1 'Irst r ,. , .?r requirement, shall be
agents and employes of common car- ten ,iflV- .0 the commission, at least
Hers and their families; nor to prohibit when ""J;.'® ?.f thfi time and place.
Qr% : ui common car-
alfv coil, families; nor to prohibit
«,L.T i^on carriers from carrying pas-
InS ren rT h the ohJect of provld-
r st^nei in eases of general epidemic,
f.'.' ,'1 e- or other calamitous visitation;
free of u Pnt them from transporting
rlent rmnn! L"!"* of employ-
11.K.„ , "7,lc iue nine ana place,
in tht> t where the contemplated action
V]} be e°n "ered and
sonnhie and shall be afforde.1 a rea-„
K lTr Jnlty Introduce evidence
Wic2 !i, heard thereof; to the end that
ie.i ? T. be done antl shall have pro-
cess to enforce the attendance of wit-
mem. persons entering the service and the attendance of wit-
the interchange of passes to that end-! make ' or nr«e 8ald oommisslon shall
and any railroad, transportation or P.,escrlbe any general order,
transmission company ..r any tai-son I i ecte(< on .?„ ^n or requirement, not cii-
other than the persons excepted In lhi's;comranf i aIly 'Peclflc company or
provision, who grants or A^es any such'' L Y name. the contemplated
free frank, free ticket free mL order, rule, regulation or re-
free transportation w ithin this state shall'«tincrf no "iha" u® Publlahed ln suli-
be deemed guilty of a crime f '? ' not Iesa than once a week for
legislature shall provide proper penalties' of the0^^" ' weok« ' one «r more
for the -lolatton of any ,Uvision of thU DubUahJSi °f ^neral circulation
section hy the railroad or trw^Hatlon ™ , JD, ,he county in which the
or transmission company or bv Mv ln t'efhlr l ,l ?k s ,e may bp located, to-
dlvldual; provided, that nothlnK he-ehi , ,he n°tlce of the time and
shall prevent the legislature from extend i wll^'hen. a"1 w,,ere the commission
In,- these provisions so lis to etdude! uri J hi a"y 0l,Pections which may be
n^^Mn^h.. 1 ^Urp,^ant1oroVyr^|!ernr mX
in mm state shall pass within by the ccmmissdon, shall be published
fit length, for th# time and ln the man-
ner ubovo specified, before it 830,11 go
Into «f:cct. and shall also, as long u<* it
remains in force, be publlshod In eacn
subsequent annual report of the com-
r Isslon. The authority of the coraiiM-
slon (subject to review on appeal as
hereinafter provided) to prescribe rates,
charges and classifications of traffic, for
transportation and transmission ,com-
! anles, shall, subject to regulation by
law. be paramount; but Its authority
of the legislature to legislate thereon by
general laws, provided however, that
nothing in this section shall impair the
rights which ha* hertofore been, or may
hereafter be conferred by law upon t'ie
authorities of any city, town or county
to prescribe rules, regulations or ratea
of charges to be observed by any public
service corporation in connection with
toy services performed by it under a
municipal or county franchise granted by
such city, town or county, so far a4 such
services may be wholly within the lln
If # c,ty- town or county granting
the franchise. Upon #he request of the
parties interested, it shall be the duty
of the commission, as far as possible, to
effect, by mediation, the adjustrnf-nt of
c.aims, and the settlement of controver-
sies, between transportation or trans-
mission companies and their patrons or
employes
Sec- 19 In all matters pertaining to
the public visitation, regulation or con-
trol of corporations, and within the jur-
isdiction of the commission, it shall have
the powers and authority of a court of
record, to administer oaths, to compel the
attendance of witnesses, and the produc-
tion of papers, to punish for contempt
Jiny person guilty of disrespectful or dis-
orderly conduct in the presence of the
commission while ln session, and to en-
force compliance with any of its lawful
crder or requirements by adjudging, and
b* eniorcing 1 t*s own appropriate pro-
cess, against the delinquent or offending
party or company (after it shall have
been first duly cited, proceeded against
y due process of law before the com-
mission sitting as a court, and afforded
opportunity to Introduce evidence and to
be neard, a« well against the validity,
Justness, or reasonableness of the order
or requirenint alleged to have heen vio-
lation, as against the liability of the com-
pany for the alleged violation) such
fines or other penalties as may be pre-
scribed or authorized by this constitu-
tion or by law. The commission may
■e \ ested with such additional powers
and charged with such other duties (not
Incons.tent with this constitution) as may
be prescribed by law, in connection with
the visitation, regulvaion, or control of
corporations, or with the prescribing and
enforcing of rates and charges to be ob-
}u U\e t0nduct of any business
?crfl^ M 8tate l,as the right to pre-
*, r'be_ thc tates and charges in eonnec-
t'on. therewith, or with the assessment
of the property of corporations, or the
appraisement of their franchises, for tax-
h£'f°r, *\ilh fhe Inv(^tigation of the
stibjeet of taxation generally. Any cor-
port on ailing or reusing to obey any
.Of re<|uiremcnt of the com-
mission, within such reasonable time-
not less than ten days, as shall be fixed
" V?® cider, may be fined by the com-
mission 'proceeding by due process of Ian-
as aforesaid) such sum, not exceeding
five hundred dollars, as'the commission
ria> deem proper, or such sum. in excess
iilVS hundred dollars, as may be pre-
scribed or authorized by law; and eic'i
lays continuance of such failure or rc-
r.isal, after due service upon such oor-
poiatlon of the order nr requirement
of the commission, shall be a separate
offense; provided, that should the ope,-1-
tion of such order or re<iulremnt be sus-
pended, pending any appeal therefrom,
ihe per.od of such suspension shall not
he computed against the company In the
matter cf iu liability to fines or pea".
Sec. 20. From any acton of the coiA-
■V!S3?r Prescribing rates, charges, or
ilassificatloas of traffic, or affecting the
train schedule of any transportation com-
pany, or requiring additional facilities
conveniences, or public service of any
transportaton or transmission compan,-
or refusing to approve a suspending bond
or requiring additional security thereon
Lvt,liTreaSe thereof, as hereinafter
provided for an appeal 'subject to such
reasonable limitations to time reg-
ulations as to procedure and provisions
m.v hf*!,i.a4 '?iiy be Prescribed bv law)
rnto. h ken by the corporation whose
rates, charges, or classifications of traf-
ic. schedule, facilities, conveniences or
service, are affected, or by anv person
tilt nr nf'Tne'f grieved by such ac-
ti^Ji l.ll a',owed by law) by the state
Until otherwise provided by law sucli
which nS,hn ibe takevn in the manner In
which appeals may be taken to the su-
r,reme court from the district courts, ex-
rlJht Sch an "PPeal shall be of
v d« hv i f Bupren'" court may pro-
\lde b> rule for proc edings in the mat-
thL iv!'^P<'a P any Particular ln which
the existing rules of law are inapplica-
ble. If -such appeal fie taken by the
corporation whose rates, charges, or clas-
sifications of traffic, schedules, facilities
™",ven'enc®?- or service are affected, the
state shall be made the appellee; but in
the other cases mentioned, the corpora-
tion so affected shal be made the an-
pellee. The legislature mav also by
general laws, provide for appeals fr.ni
any other action of the commission by
the respective of the amount Involved
' appeals from the commission shall be
to the supreme court only and in all
appeals to which the state is a party It
shall De represented by the attorney gen-
0rKT legally appointed representa-
tive. No court of this state (except the
supreme court, by way of appeals Is
herein authorized) shall have Jurisdic-
tion to review, reverse, correct, or annul
any action of the commission within the
scope of its authority, or to siism nH ~
or"1^ 'J"", TXC"'tion or operation thereof
or to enjoin, restrain, or Interfere with
or- .'i«T"? ,?'0n ln ,he Performance o7 Its
nf'.clal duties; provided, however that
sh^Mle froLnthedar"US and Prohibition
snau lie from the supreme court to the
commission in all cases where such
wr ts, respectively, would lie to any in
ferlor court or officer.
Sec. 21. Upon the granting of an an
r",of supersedeas mav ha
awarded by the supreme court suspend
ing the operation of the action applied
from until the final disposition of ,b
appeal but prior to the flnal r "versa
thereof by the supreme court no actfon
of the commission prescribing or affect
Ing the rates, charges or clM.m^f.?
of traffic of any transportation^ or irans"
mission company shall be delayed or 5™
pended. In Its operation bv reiml, >
appeal by such operation or hv r'l any
| of any proceeding resulting from such
j appeal, until a suspending bond fufS
first have b«in executed and filed i u
I and approved by. the commission /
'court) payable to the
, dent ln amount and security o if,
! syssr
; O:
j'Ppenl. The commission. ..pon the
execution of such Ixind. shall forthwith
require the appealing company, under
penalty of the Immediate enforcement
(pending the appeal and notwithstanding
an> supersedeas), of the order or re^
qulrement appealed from, to keep such
fromUtlm.°nto V? *nake to the commissions
bv^!«fh 8U reports, verified
y oath, as may In the Judgment of the
Im'in™ 1 • eufflc0 to show the amount
being c harged or received by the com-
pany. pending the appeal, In Mce., ™f
thft charge allowed by th« action or the
i commission. appealed from. together
with the names and addresses of th*>
persons to whom su.*h over charges wiit
be refunded ln case the ciiargos made by
tm company, pendins the appeal, be not
sustained on iuch L j>peal; and the com-
, mission shall also, from tiir.e to time ,
require such company under like penalty,
to give additional security on, or to In-
crease the said pern:rug bond whenever^
in the opinion of tho commission, tho
same may be necessary to lr.aure tlio
prompt refunding cf the overcharge-
aforesaid. Upon the final decision or
such appeal, all amounts which the ap-
pealing company may have collected,
pending the appeal, In excess of that au-
thorised by auch final decision, shall
be promptly refunded by the company to
the parties entitled thereto. In such man-
ner and through Fuch methods of dis-
tribution as may be prescribed by the
commission or by law. All such appeals,
affecting rates, charges, or classification
of traffic, shall have precedence upon
the docket of the supreme court, and
shall be heard and disposed of promptly
by the court, Irrespective of its place of
session, next after the habeas corpus,
and -Hate cases already on the docket of
the court.
Sec. 22. In no case or appeal from the:
commission, shall an« new or ad Ut'.onal
evidence be introduced In the supreme
court, but the chalrin in of the commis-
sion. under the seal of the commission,
shall certify to the supreme court all of
the facts upon which the action appealed
from was based and which may be es-
sentlal for the proper decision of the-
appeal, together with such of the evi-
dence introduced before, or consider^
by. the commission as may be selected,
specified, and required to be certified,
by any party in interest, as well as such
other evidence, so introduced or consid-
ered as the commission may deem prop-
er to certify. The commission shall,
whenever an appeal Is taken therefrom,
file with the record of the case, and as;
a part thereof, a written statement of
the reasons upon which the action ap-
pealed from was based, and such state-
ment shall be read and considered by*
the supreme court, upon disposing of
the appeal. The supreme court shall havee
Jurisdiction, on such appeal, to consider
and determine the reasonableness and
justness of the action of the commission
appealed from, as well as any other mat-
ter arising under such appeal; provided,
however, that the action of the com-
mislon appealed from shall be regarded
as prima fade just, reasonable and cor-
rect; but the court may, when it deems
necessary, in the interest of Justice, re-
f.and to the commission any case pend-
ing on appeal and require the same to
be further invesigated by the commis-
sion, and reported upon to the court (to-
gether with a certificate of such addi-
tional evidence as may be tendered be-
fore the commission t y any party in in-
terest) before the appeal is finally de-
cided.
•Sec. 23. Whenever the court, upon ap-
peal. shall reverse an order of the com-
mission affecting the rates, charges, or
the classification or traffic of any trans-
portation or commission company, it
shall, at the same time, substitute there-
jor, such orders, in its opinion, the com-
mission should have made at the time
of entering the order appealed from;
otherwise the reversal order shall be
valid. Such substitute order shall have
the same force and effect (and none
other) as if it had been entered by the
commission at the time the original or-
der appealed from v.'as entered. The
right of the commission to prescribe and
enfor** rates, charges. classifications,
rules and regulations affecting any or alt
actions of the commission theretofore
entered by it and anpealed from, but
based upon circumstances or conditions
different from those existing at the time /
the order appealed from was made, shall
ue susPemle<l or Impaired by reason
of the pendency of such appeal, but no
order of the commission, prescribing or
altering such rates, charges, classifi-
cations, rulec, Or regulations shall be
retroactive.
Sec, 24. The right of any person to in-
stitute and prosecute in the ordinary
courts of justice, any action, suit of
mot ten against any transportation or
transmission company, for any claim or
cause of action against such company,
shall not be extinguished or impaired
u«rfa60ri anv or other penalty
which the commission may impose or "be
authorized to Impose upon such company
because of Its breach of any public duty
or because of Its failure to comply with
any order or requirement of the com-
mission; but If no such proceeding by
any person, o^ any such corporation, nor
In a«y 'collateral proceeding shall be
reasonableness. Justness or validity of
any rate, charge, classification of traf-
fic, rule, regulation or retirement, there-
I.ul* pre"'r'l"'d b>' the commission,
^''l"" t.he sc°Pe of Its authority, and
then in force, be question: provided, how-
ever. that no case based upon or in-
volvlng any order of the commission
shall be heard or disposed of. against
the objection of either party, so long as.
hv^ftn^Hpr suspended in tts operation
P/."16 "upronie court as au-
Nw J by this constitution or hy any
law passed in pursuance thereof
Sec. 25. The commission shall make an-
nual reports to the governor of its pro-
ceedlngs. In which reports it shall recom-
frpm time to time, such new or
additional legislation in reference to its
powers or duties, or the creation, super-
vision, regulation or control of corpora-
tions, or the subject of taxation as It
may deem wise or expedient, or as mav
be required by law.
Sec. 26. It shall be the duty of eacfr
the every rn^lway company, subject to
the provisions herein, to provide and
maintain adequate, comfortable and
clean depots and depot buildings, at Its
sever?! stations, for the accommodation
o, passengers, „nd said depot buildm-a
f,™ ,i, p,' lve" 1'gbted and warm?*
for tliM comfort and accommodation -il
Ih u il public; and all such roads
«!j?t m V I0?3 n'a'n'aln adequate and
suitable freight depots and building's for
the receiving, handling, storing and de*
llverlng of all freight handle!' by" su^
shalT' 1 "clae^Teer a7'™
with its track, the track or tracks "of
another railroad, the railroad seeking to
*1 nl? h grade, within a reasonable time
shall he compe led to Interlock or protect
such crossings by safety devices, to
designated by the commission and all
costs of appliance, together with the
expense of putting them In, shall be,
borne equally by each company pro
vlded, that this act shall noV apply
crossings of sidetracks y
Sec. 28. The commissioners, ar either-
<>f them, or such persons as they mav-
employ therefor, shall have the right
at such times as they may deem neces-
sary, to inspect the book* and papers;
of any railroad company or other public
service corporation, and to examine un-
der oath, any officer, agent or employe-
of such railroad In relation to the husi-
ness and affairs of the snme. If an"
railroad company or other public service
corporation shall refuse to permit then
commissioner", or either of them or
any person authorized thereto, to exam-
ine Its books and papers, su^-ii railroad
cumpany or other public service corpora.
tior. shall, until otherwise provide 1 b--
lft* ',°rv. each offense, pay to the .tati
o' Oklahoma not less than one hundred
aui twenty-five dollars, nor mor> thl,
i i hun#d™(1 dollars, for each day if
shall so fall or refuse, and ths officer of '
?.hJX f"""'on ,ao refus.ng shall oe pun-
ished aa the law shall prescribe.
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Sarjent, E. Luther Register. (Luther, Okla.), Vol. 8, No. 35, Ed. 1 Friday, March 29, 1907, newspaper, March 29, 1907; (https://gateway.okhistory.org/ark:/67531/metadc140466/m1/2/: accessed March 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.