The Sapulpa Light. (Sapulpa, Indian Terr.), Vol. 11, No. 5, Ed. 1 Friday, March 22, 1907 Page: 4 of 12
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Full Text of
Constitution
(ORGANIC LAW OF NEW STATE AS
SUBMITTED TO EDITING COM-
MITTEE BEFORE CON-
VENTION ADJOURNED
FOR RECESS
An Ordinance accepting the term® and
conditions of the Enabling Act.
Bo It ordained by the constitutional
convention of the proposed state of Ok-
lahoma, that said constitutional con-
vention, do by this ordinance irrevoca-
ble, accept the terms and conditions of
an act of the congress of the United
States, entitled, "An Act to enable the
people of Oklahoma and Indian Territory
to form a constitution and state govern-
ment and be admitted Into the union
an an equal footing with the original
■tates; and to enable the people of New
Mexico and Arizona to form a constitu-
tion and state government and bo ad-
mitted into the union on an equal footling
with the original states," approved on
June the sixteenth, Anno Domini, Nine-
teen Hundred and Six.
Federal Relations
Section 1. Perfect toleration of relig-
ious sentiment shall be secured, and no
Inhabitant of the state shall ever be mo-
lested in person or property on account
of his or her mode of religious worship;
but the toleration of religious sentiment
hereby secured shall not bo so construed
as to excuse acts of licentiousness or in-
decency, or to Justify practices inconsist-
ent with the good morals, good order,
peace or safety of the state; or with the
rights of others, and no religious test
■hall be required for the exercise of civil
or political rights. Polygamous or plural
marriages are forever prohibited.
Sec. 2. The manufacture, sale, barter,
giving away, or otherwise furnishing, ex-
cept as hereinafter provided, of intoxicat-
ing liquors within those parts of the state
heretofore known as Indian Territory
and the Osage Indian reservation, and
within ajny other parts of the •state which
existed as Indian reservations on the
Tlrst day of January, nineteen hundred
and six, Is prohibited for a period of
twenty-one years from the date of the
admission of the state into the union,
and thereafter until the people of the
state shall otherwise provide by amend-
ment to this constitution and proper state
legislation. Any person, Individual or
corporate, who shall manufacture, sell,
barter, give away or otherwise furnish
any intoxicating liquor of any kind, in-
cluding beer, ale or wine, contrary to
the provisions of this section, or who
shall, within the above described por-
tion of the state advertise for sale or
solicit the purchase of any such liquors,
or who shall ship In any liquor from other
parts of the state Into the portions here-
inbefore described, shall be punished, on
conviction thereof, by fine not less than
fifty dollars and by Imprisonment not
less than thirty days for each offonse;
provided, that the legislature may pro-
vide by law for one agency under the
supervision of the state in each incor-
porated town of not le3s than two thou-
sand population, In the portions of the
state hereinbefore described; and if there
be no incorporated town of two thou
sand population in any county in sai'c
portion of the state, such county shall
be entitled to have one such agency,
for the sale of such liquors for medicinal
purposes, and for sale, for Industrial pur-
poses. of alcohol, which shall have been
denatured by some process approved
by the United States commissioner of
Internal revenue; and for the sale of al-
cohol for scientific institution^, universi-
ties and colleges as are authorized to
procure the same free of tax under the
laws of the United States; and for the
sale of such liquors to any apothecary
who shall have executed an approved
bond in the sum of not less than
thousand dollars, conditioned that
of such liquors shall be used or disposed
of for any purpose other than in the
compounding of prescriptions or other
medicines, the sale of which would not
subject him to the payment of the spe-
cial tax required of liquor dealers by
the United States, and the payment of
touch special tax by any person within
the parts of the state hereinbefore de-
fined shall constitute prima facia evi-
dence of his intention to violate the pro-
visions of this section. No sale shall
be made except upon the sworn state-
ment of the applicant In writing,
ting forth the purpose for which the
liquor is to be \9sed, and no sale shall
be made for medicinal purposes except
•ales to apothecaries as hereinbefore pro-
vided unless such statemnt shall bo ac-
companied by a bona fide prescription
signed by a regularly practicing phy-
sician, which prescription shall not be
filled more than once. Each sale shall
bed uly registered, and the register there-
of. together with the affidavits and pre-
scriptions pertaining therto, shall be
open to Inspection by any officer or citi-
zen of the state at all times during bus-
iness hours. Any person who shall know-
ingly make a false affidavit for the pur-
pose aforesaid shall be deemed guilty of
perjury. Any physician who shall pre-
scribe any such liquor, except for treat-
ment of disease which, after his own
personal diagnosis he shall deem to re-
quire such treatment, shall, upon convic-
tion thereof, be punished for each offense
by fine of not less than two hundred
plness and the enjoyment of the gains
of their owtn Industry.
Sec. 4. The people have the right
peaceably to assemble for their own
good, and to apply to thdae invested
with the powers of government for re-
dress of grievances by petition, address
remonstrance.
=?ec. 5. No power, civil or military,
shall ever Interfere to prevent the free
„ rclse of the right of suffrage by those
entitled to such right.
Sec. 6. No public money or property
shall ever be appropriated, applied, do-
lated or used, directly or fndlrectly, for
he use, benefit or support of any sect,
hurch, denomination or system of re-
ligion, or for the use, benefit or support
of any priest, preacher, minister or other
religious teacher or dignitary, or sec-
tarian Institution as such.
Sec. 7. The courts of Justice of the
state shall be open to every person, and
speedy and certain remedy afforded for
etfery wrong, and for evory Injury to
person, property or reputation, and right
and Justice shall be administered with-
it sale, denial, delay or prejudice.
Sec. 8. No person shall be deprived of
life, liberty or property, without due pro-
;ss of law.
See. 9. All persons shall be bailable by
sufficient sureties, except for capital of-
hen the proof of guilt i's evi-
dent, or the presumption thereof 1b
grMi
Sec. 10. Excessive ball shall not be re-
quired, nor excessive fines imposed nor
cruel or unusual punishments inflicted.
Sec. 11. The privilege' of the writ of
habeas corpus shall never be suspended.
Sec. 12. Every person elected or ap-
pointed to any office or employment of
truat or profit under the laws of the
state, or under any ordinance of any
municipality thereof, shall give personal
attention to the duties of the office to
which he is elected or appointed.
Sec. 13. No member of congress from
thin state, or person holding any office
of trust or profit under the laws of any
other state, or of the United States,
shall bo eligible to any office of trust
or profit under the laws of this state.
Sec. 14. Imprisonment for debt is pro-
hibited, except for the non-payment of
fines and penalties imposed for the vio-
lation of law.
Sec. 15. The military shall be held in
strict subordination to the civil authori-
ties. No soldier shall be quartered In
any house In time of peace, without the
consent of the owner, nor in time of
war, except in a manner to be prescribed
by law.
Sec. 16. No bill of attalner, ex post
facto law, nor any law impairing the
obligation of contracts, shall
passed. No conviction shall w<
ruptlon of blood or forfeiture of estate;
provided, that this provision -shall not be
construed to prohibit the imposition of
pecuniary penalties.
Sec. 17.Treason against the state shall
consist only In levying war against It or
in adhering to its enemies, giving them
aid and comfort. No person shall be
convicted of treason, unless on the tes-
timony of two witnesses to the same
overt act, or on confession in open court.
Sec. 18. No person shall be prosecuted
criminally in courts of record for felony
or misdemeanor otherwise than by pre-
sentment or indictment or by informa-
tion. No person shall be prosecuted for
a felony by information without having
had a preliminary examination before an
examining magistrate, or having waived
such preliminary examination. Prosecu-
tions may be Instituted in courts not
of record, upon a duly verified complaint.
Sec. 19. A grand Jury shall be composed
of twelve men, any nine of whom con-
curring may find an indictment or true
bill. A grand Jury shall be convened
upon the order of a Judge of a court
fiUvlng the power to try and determine
felonies, upon his own motion; or such
grand Jury shall be ordered by such Judge
upon the filing of a petition therefor,
signed by one hundred resident taxpay-
ers of the county; when so assembled,
such grand Jury shall have pow«
Investigate and return indictments for
all character and grades of crime, and
such other powers as the legislature may
prescribe; provided, that the legislature
may make the calling \Of a grand Jury
compulsory.
Sod. 20. The right of trial by Jury
shall be and remain Inviolate and Jury
for the trial of civil and criminal canes
in courts of record, other than county
court, shall consist of twelve men; but.
In oounty courts and courts not of i
ord, a Jury shall consist of ten n
This section shall not be construed
to prevent limitations being fixed by law
upon the right of appeal from Judgments
of courts not of record in civil cases
concerning causes of action involving
less than twenty dollars. In civil cases,
and in criminal cases less than felonies,
three-fourths of the whole number of
Jurors concurring shall have power to
render a verdict. In all other case;
entire numuer of Jurors must conci
render a verdict. In case a verdk. _
rendered by less than the whole number
of Jurors, the verdict shall be In writing
and signed by each Juror concurring
therein.
Sec. 21. In all criminal prosecutions
the accused shall have the right to a
speedy and public trial by an Impartial
jury of the county In which the crime
shall have been coi mltted; provided,
that the venue may be changed to some
other county of the state, on the appli-
cation of the accused, In such manner
im may be prescribed by law. He shall
be informed of the nature and cause of
the accusation against him and have a
copy thereof, and be confronted with the
witnesses against him. and have compul-
sory process for obtaining witnesses in
hlb behalf. He shall have the right to be
heard by himself, and his counsel, and
in capital cases, at least two days before
oy ime ox -noi less Ulan nvo Hundred , t ho r,,i f<ir trial ha ' shall be
dollars, or by imprisonment for not less IJJJLSX. Lith a list of the witnesses
than thirty days, or by both such f(„e' rurnished w,th * nst or "jj w'tnefjes
•nd Imprisonment; and any person
that will be called, In chief,
the alienations of the Indict
formation, together with their postofflce
address.
nected with any wuch aRency, who shall
be convicted of making any sale or other
disposition of liquor contrary to these
provisions shall be punished by Impris-
onment for not less than one year and
one day. Upon admission of the state
Into the union, those provisions shall be
Immediately enforclblo In the courts of
the state.
Sec. 3. The people Inhabiting the state
do agree aind declare that they forever
disclaim all right and title In or to any
unappropriated public lands lying with-
in the boundaries thereof, and to all
lands lying within said limits owned or
held by any Indian, tribe or nation; an,l
that until the title to any such public
land shall have been extinguished by the
United State*, the same shall he and re-
main subject to the Jurisdiction, dis-
posal and control of the United States.
l.and belonging to eitlicns of the United
States residing without the limits of the
etate shall never lie taxed at a higher
rate than the lands belonging to resi-
dents thereof. No taxe* shall be Im-
posed by the state on lands or property
belonging to or which may hereafter
■be purchased by the United States or ,i|,..h
reserved for Its use. I
Sec. 4. The debts and liabilities of I' '
the Territory of Oklahoma are hereby,, .
assumed, and .hall be paid by the state. S)V. Prlvnte property „haM not be
. I revisions shall be made Jor | tnkl,n nr damaged for public use without
" | Just compensation. Such compensation,
22. No person shall be compelled
to give evidence which will tend to In-
criminate him, except as in this consti-
tution specifically provided; nor shall
any person, after being once acquitted by
a Jury, be again put in Jeopardy of lifo
or liberty for the same offense.
Sec. 23. Every person may freely speak,
write or publish his sentiments on all
subjects, being responsible for the abifso
of that right; and no law shall be passed
to restrain or abridge the liberty of
speech or of the press. In all criminal
prosecutions for libel, the truth of the
tnatter alleged to be libelous may
given In evidence to the Jury, and If it
shall appear to the jury that the matter
charged as libelous be true, and
written or published with good motives
and for justifiable ends, the party shall
be acquitted. #
Sec. 24. No private property shall be
taken or damaged for private use, i
or without compensation, unless by <
sent of the owner, excopt for private
ways of necessity, or for drains and
ditches across lands of others for agri
lining or sanitary purposes, In
may bs prescribed by
Jeot only to the UWe for which it Is
taken. In all cases of condemnation of
private property for public or private
use, the determination of tho character
of the use shall be a Judicial question.
Sec. 26. JThe legislature shall pas3 laws
defining contempts and reguating the
proceedings and punishment tn matter's
of contempt; provided, that any person
accused of violating or disobeying any
order or injunction or restraint, made or
rendered by any court or judge of the
state shall, before penalty or punish-
ment is Imposed, be entitled to a trial
by Jury as to the guilt or innocence of
• i accused. In no case shall a penalty
punishment be imposed for contempt,
until an opportunity to be heard is given.
Sec. 27. The right of a citizen to keep
and bear arms in defense of Ill's home,
person or property, or in aid of the civil
power, when thereunto legally summon-
ed, shall never bo prohibited; but noth-
ing herein contained shall be so construed
as to prevent the legislature from regu-
lating the carrying of weapons.
Sec. 28. Any person having knowledge
• possession of facts that tend to estab-
sh tho guilt of any other person or cor-
poration, charged wltn an offense against
the laws of the fctate, shall not be ex-
cused from giving testimony or produc-
ing evidence, when legally called upon
to do so, on the ground that it may tend
to Incriminate him under the laws of the
state; but rio person shall be prosecuted
or subjected to any penalty or forfeiture
for or on account of any transaction,
matter or thing concerning which, he
may so testify or produce evidence.
Sec. 29. The records, book's and .files of
all corporations shall be, at all times,
liable and subject to the full visltorial
a-nd inquisitorial powers of the state,
notwithstanding the immunities and priv-
ileges of this Bill of Right's, secured to
the persons, inhabitants and citizens
thereof.
Sec. 30. No person shall be transport-
ed out of tho state for any offense com-
mitted within the state, nor shall any
person be transported out of the state
for a-ny purpose, without his consent,
except by due procesi of law; but noth-
ing in this provision shall prevent the
operation of extradition laws, ojr 41 "
transporting of persons sentenced
crime, to other states for the purpose of
incarceration.
Sec. 31. The right of people to be se-
cure in their persons, houses, papers,
and effects against unreasonable searches
or seizures, shall not be violated; and no
warrant shall Issue but upon probable
cause, supported by oath or affirmation,
describing as particularly as may be the
place to be searched and the person
thing to be seized.
Sec. 32. The right of the state to
gage in any occupation or business for
public purposes 'shall not be denied
prohibited, except that the state shall not
engage in agriculture for any other than
educational and scientific purposes and
for the support of its penal, charitable
and educational institutions.
Sec. 33. The enumeration in this
stitutlon of certain rights shall not be
construed to deny, impair or disparage
others retained by the people.
Initiative and Referendum
Section 1. The legislative authority of
the state shall be vested in a legislature,
consisting of a senate and a house of
representatives; but the people
to themselves the power to propose laws
and amendments to the constitution and
to enact or reject the same at the polls
independent of the legislature, and also
reserve power, at their own option, to
approve or reject at the polls any
of the legislature.
Sec. 2. The first power by the people
is the initiative, and eight (8) per centum
of the legal voters shall have the right
to propose any legislative measure, and
fi'fteen (15) per 'centum of the legal
voters shall have the right to propose a
constitutional amendment by petition, and
every such petition shall Include the full
text of the measure so proposed. The
second power is the referendum, and it
may be ordered (except as to laws neces-
sary for the immediate preservation of
the public peace, health or safety, either
-by petition, signed by five (5) per centum
of the legal voters or by the legislature,
as other bills are enacted. The ratio
and per centum of legal voters herein-
before stated shall be upon the total
number of votefe cast at the last general
election for the state office receiving
the highest number of votes at such elec-
tion.
Sec. 8. Referendum petitions shall be
filed with the secretary of state not
more than ninety (90) days after the
final adjournment of the session of the
legislature which patased the bill on which
the referendum is demanded. The veto
imwer of the governor shall not extend
to measures voted on by the people. All
elections on measures referred to the
people of the state shall be had at the
next general election throughout the state,
except when the legislature or the gover-
nor shall order a special election for the
express purpose of making such refer-
ence. Any measure referred to the peo-
ple shall take effect and be In force
when It shal have been approved by a
majority of the votes cast thereon, and
not otherwise.
The style of all bills shall be. "Be It
Enacted by the People of the State of
Oklahoma." *
Petitions and orders for the initiative
and for the referendum shall be filed
with the secretary of state and addressed
to the governor of the state, who shall
submit the same to the people. The leg-
islature shall make suitable provisions
for carrying Into effect the provisions
of this article and if the legislature shall
fail to make touch provisions, or shall
make Inadequate provisions, then the
governor of the state shall, by executive
order, make such rules as may be neces-
. to carry these provisions into effect,
filing of a referendum petition against
manded by the people against one or
more items, section!* or parts of any
act of the legislature in the same man-
ner in which such power may be ex-
e,rolsed agavinst a complete act. The
filing of a referndum petition against
r more items, sections or parts
act shall not delay the remainder
of such act from becoming operative,
. 6. The powers of the Initiative
and referendum, reserved to the people
by this constitution for the state at
large, are hereby further reserved for
the legal voters of every county and dis-
trict therein, as to all local and special
legislation In the administration of con i-
ty and district government In and for
their respective counties and districts.
accordance therewith, Is sought to be
waived, shall be null and void.
Committee report No. 18, adapted Jan-
YVy 22, 1907.
Sec. 4. Any provision of any contract
or agreement, express or Implied, stipu-
lating for notice or demand other than
such as may be provided by law, as a
condition precedent to establish any
demand or liability, shall be abso-
lutely null and void.
Committee report No. 17, adopted Jan-
uary 22, 1907.
Sec. 5. Any person, company or cor-
poration, receiver or other agency, op-
erating a railroad, otller than street rail-
r electric railroad, in whole or in
part, within this state, shall demand or
receive for flrat class transportation for
\ach passenger, between points within
Ills state on the portion of its road
jperated within this state, more than
wo cents per mile, until otherwise pro-
dded by law; provided, however, the cor-
poration commission shall have the pow-
er to exempt any railroad from the oper-
ation of this soction upon satisfactory
proof that it cannot earn a just com-
pensation for the services rendered by it
the public, if not permitted <to charge
...jre than two cents per mile for the
transportation of passengers within this
state.
Sec. f>. The common law doctrine of
the fellow-servant, so far as it affects
tho liability of the master for Injuries
to his servant, resulting from the acts
omission's of any other servant or
vants of the common master, is ab-
rogated as to every employe of every
railroad company and every street rail-
way and of every person, firm or cor-
poration engaged in mining in this state;
and every such employe shall have the
same right to recover for every injury
suffered by him for the act's or omissions
of any other employe or employes of
the common master that a servant would
have If such acts or omissions were
those of the master himself in the per-
formance of a non-assignable duty; and
when death, whether instantaneous or
not, results to such employe from any
Injury for which he could have recov-
ered under the above provlsdons, had
not death occurred, then his legal or
personal representative, surviving con-
sort or relative, or any trustee, curator,
committee or guardian of such consort
or relatives, shall hsure the same rights
and remedies with respect thereto as
If death had been caused by the negli-
gence of the master. And every railroad
company, street railway company and
in/terurban railway company and every
person, firm or corporation engaged in
underground mining In this state shall
be liable under the above provisions, for
the acts of lfls trustees or receivers.
Nothing contained in this section shall
restrict the power of the legislature to
extend to the employes of any person,
firm or corporation, the rights and reme-
dies herein provided for.
Immigration
The legislature shall have no power
to appropriate any of the public money
for the establishment and maintenance
of a bureau of Immigration in this atate.
State Militia
Section 1. The legislature shall pro-
vide for organizing, disciplining, arm-
ing, maintaining and equipping the mili-
tia of this state.
Impeachment
Seotlon 1. The following persons are
disqualified to hold and enjoy any of-
fice of honor, trust or profit, either civil
or military, under the authority of the
state of Oklahoma:
Persons against whom Judgment of Im-
peachment shall have been rendered In
the United State's or any state or terri-
tory thereof.
Mines and Mining, Oil and Gas
Section 1. The offh-e or chief Inspec-
tor of mines, oil and gas, Is hereby cre-
ated, and the incumbent of said office,
shall be known as the chief mine lnspec- I the sum of $5,000.
tor. The term of said office shall be | the homestead Y
for four years, and no person shall be
elected (or appointed) to 'said office un-
less he shall have had eight years* actual
experience as a practical miner, and such
other qualifications as may be prescribed
by the legislature. The chief mine In-
spector shall perform the duties, take
the oath and execute -the bond pre-
scribed by the legislature.
Sec. 2. The legislature shall create
mining districts and provide for the
appointment
port of said Investigation, including the
testimony, shall be promptly made to the
governor, and shall be transmitted by
him to the next legislature with any
fuggejjtions which be may |to
""sec! 3. On the first day of October of
each year, and at any time, on request
of th4 governor, the said commissioner
shall make a full and complete report
of the operations and administiation of
said office, with such suggest'—
commissioner may weei
pertinent.
Sec. 4. The legislature bhall have
power to alter, amend or add to
duties of, or grant such additional
thorlty to such commissione-
suitable and
Roads, Highways and Internal Improve-
ments
Section 1. The legislature Is directed
to establish a department of highways,
and shall have the power to create im-
provement districts and provide for build-
ing and maintaining public roads, and
may provide for the utilization of con-
vict and punitive labor thereon.
Sec. 2. The iftate of Oklahoma here-
bv accepts mil reservations and ln|l*is
for public highways made under any
grant, agreement, treaty or act of con-
gress; provided, this section shall not be
construed to prejudice the vested rights
of any tribe, allottee or other to """
such land.
Suffrage
Section 1. The qualified electors of the
state shall be male citizens of the United
States, citizens of the state, and male
persons of Indian descent, native to the
United States, who are over the age of
twenty-one years, who have resided in
the state one year, in the county six
monttts. and in the eleotion precinct
thirty days next precdlng the election
at which any such eleator offers to
vote; provided, that no person adjudged
eruilty of a felony, after the adoption of
this constitution, subject to such excep-
tions as the legislature may prescribe,
unless his citizenship shall have been
restored In the manner provided by law
nor any person, while kent In a poor
house or other asylum at the public ex-
pense. except confederate and federal
ex-soldiers; nor any person in. a public
prison, nor any lunatic, shall be en-
titled to vote at any election under the
laws of this state.
Sec. 2. The legislature mav make ad
d tional limitations on the right of suf
f'age and may add additional disabiii-
t es thereto, but in no event shall the
legislature change the disqualifications or
disabilities, herein mentioned; provided,
that the legislature shall never enact an>
law retraining or abridging this right
of suffrage on account of race, color,
previous condition of servitude.
See. 3. No officer, soldier o
of the regular army or nav\
United States shall be entitled to
at any election in fh/s state; provided,
that this section shall not be construed
to Include members and officers of the
state militia.
Public Health and Sanitation
The legislature shall create a board
of health, board of dentistry, board of
pharmacy, and pure food commission,
and prescribe the duties of each. All
physicians. dentists and pharmacists
now legally registered and practicing in
Oklahoma and Indian Territory shall be
eligible to registration in the state of
Oklahoma without examination or coat.
Homesteads and Exemptions
Section 1. The homestead of any fam-
ily In this state, not within any city,
town or village, shall consist of not more
than 160 acres of land, which may be
In one or more parcels, to be selected
by the owner. The homestead within
any oltv, town or village, owned and
occupied ns a residence only, shall con-
sist of not exceeding one acre of land,
to be selected bv the owmer; provided,
hat the same shall not exceed In valu
d In no evei
duced to lei___
j-quarter of an acre, without regard
to value: and provided, further, that In
case said homestead used for both
residence and business purposes, the
homestead Interests therein shall not ex-
ceed In value the sum of $5,000; pro-
vided. that nothing in the laws of the
United States or any treaties with the
Indian tribes in the state shall deprive
any Indian or other allottee of the bene-
provided for under the laws of the Ter-
ritory of Oklahoma, except as la thl
constitution otherwise provided.
Committee Report No. 18
County Seats
Section 1. The oounty seats of the
counties herein named shall be as fol-
lows' \dair county. Westville; Alfalfa.
Cherokee; Atoka, Atoka; Beaver, Beaver;
Beckham Cavre: Blaine, Watonga; Bry-
ant Durant; Caddo. Anadarko; Canadian,
K1 'Reno* Custer, Ardmore; Chea-okee,
Tahlequah: Choctaw, Hugo; Cimarron,
Ki-iton* Cleveland, Norman; Coal. Le-
high; Comanche, Lawton; Craig, Vinita;
Custer, Arapaho; Delaware, Grove; Dew-
ey Taloga; Ellis, Grand; Garfield, Enid;
Garvin Pauls Valley; Grady, Chickasha;
Grant ' Pond Creek; Greer, Mangum:
Harper, Buffalo; Haskell, Stigler;
Hughes, Holdenville; Jackson, Altus;
Jefferson, Ryan; Johnston, Tishomingo;
Kay, Newkirk; Kingfisher. Kingfisher;
Kiowa. Hobart; Latimer, Wilburton; L®
Flore, Poteau; Lincoln, Chandler; Logan,
iuthrie;. Love, Marietta; Major, Fair-
view: Marshall, Madill; Mayes, Pryor
Creek; Moman, Sapulpa; Murray, Sul-
phur; Muskogee, Muskogee; McClain,
Purcell; McCurtain, Idabel; McIntosh,
Eufaula; Noble, Perry; Nowata. Nowata;
Okfuskee, Okemah; Oklahoma, Oklaho-
ma City; Okmulgee, Okmulgee; Ottawa,
Miami; Osage. Pawhuska; Pawnee, Paw-
nee; Payne. Stillwater; Pittsburg, McAl-
ester: Pontotoc. Ada; Pottawat-imfe, Te-
cumseh; Pushmataha, Antlers; Rogee-
Mills. Cheyenne; Rogers. Claremore^
Seminole. Wewoka; Sequoyah, Sallisaw;
Stephens, Duncan; Texas. Guymon; Till-
man, Frederick: Tulsa, Tulsa: Wagoner,
Wagoner; Washington, BartleavlHle;
Washita, Cordell; Woods, Alva; Wood-
ward, Woodward.
Sec. 2. The towns herein named a*
county seats shall be and remain the
county seats of their respective counties
until changed by vote of the qualified
electors of such county, In the followlni
(a> Upom a petitilon tor petition* in
writing, signed by twenty-five per cent-
um of the qualified electors of the coun
tv. such per centum to be determined b>
tiie total vote cast In such county for
the heart of the state ticket In the next
preceding general election, said petition
or petitions being verified by an afflda-
vlt showing that the petitioners are quali-
fied electors of said county, and such
petition or petitions having been filed
with the governor at any time after fou,
months after statehood is proclaimed by
the president of the United States, the
governor shnll. within thirty days. ls u«
his proclamation calling an eleotion. to
be held in such county not less han
sixty nor more than seventy days from
marine the date of his proclamation.
of ithe Such election shall tie held under th«
provisions of the election laws of the
state, and upon such public notice of
such election as the governor In his
proclamation may direct; and the gov-
ernor shall cause to be placed upon the
tickets to be voted at such eloctlani
onlv the names of such townta as may,
more than twenty days prior to such
election. Wile with the governor veri-
fied petitions therefor, as above men-
tioned. signed bv not less than three
hundred qualified eleerors of said county.
(The word "town" as he-eln used, fchnl)
construed to mean town, city of
place.)
. ...... fits of the homestead and exemption
election of assistant in- laws of this state; and provided, fur-
spectors therein, who shall be und<
the general control of the chief mine
Inspector, and the legislature shall de-
fine their qualifications and duties and
fix their compensation.
Sec. 3. Boys under the age of 16
yeai\ , and women and girls shall not
be employed underground, In the op-
eration of mines; and, except in cases
of emergency, eight hours shall consti-
tute a day's work under ground in all
mines in the state.
Oath of Office
Section 1. Sena/tors and representatives
d all judicial, state and county officer)
(bV Unon the holding of such election,
the board of canvassers shall certify an4
return said vote to the governor, who
shall thereupon at once declare th* result
and cause the will of the electors tc
he carried Into effert; provided, /that
in all eleetlons for the removal of any
of the county -seats nam^d In thU con-
stitution. the following rules shall gov-
ern until the eountv seat Is onee lo-
r-ated bv a vote of the pinole, hut not
later than January the first, nineteen
t shall I hundred and nhne.
s than I A majority of all votes n«t in the
eountv at such eountv seat election In
favor of anv town shsll eleot sueh town
eountv seat; provided, however, that
n-'-A-n the coimtv seit named In this cqn-
MitMion ]q v'thln «ix miles of the geo-
rra-phieal center of the eountv (said geo-
f-anhleal center to be determined by cer-
tificate from the secretary of state, and
«aaid distance to he determined bv meas-
urement from said geographical center
to the nearest corporate limits of such
eountv seat, as they existed on January
wentv-first. nineteen hundred and sev-
n1 It shall require sixty per centum of
the total vote cast at sueh election by
the compe.tlng towns to effect the
the establishment and malntena
system of public schools, which shall'bo
open to all the children of the state
and free from sectarian control; and said
Schools ehnll always be conducted In
English; provided, that nothing herein
shall preclude the teaching of other lan-
guages in said public schools; and pro-
vided further, that this shall not be con-
strued to prevent the establishment and
maintenance of separate schools for
^vhlte and colored children.
Sec. 6. The state shall never enact anv
law ri«dtrlctlng or abridging the right of
suffrage on account of race, color or
previous condition of servitude.
□ Ill of Rights
8ectIon 1. All political j ower Is In-
herent in the people; and government
Is Instituted for their protection, secur-
ity and benefit, and to promote their
general welfare; and they have the right
to alter or reform the same whenever
the public good may require It; pro-
vided. sueh change be not repugnant to
the Constitution of the United States.
Sec. 2. The state of Oklahoma Is an
Inseparable part of the federal union,
and the Constitution of tho United States
Is the supreme law of the land.
. ,?^r,?n, 'mve thB ln>w*nt Ul „llIluul i„„
right to life, liberty, the pursuit of hup- owner, shall remain In such ow
Irrespective of any benefit from
lmprovemnts proposed, shall be
tained by a Jury, or board of commis-
sioners of not less than three free-
holders, in such manner as may be pre-
scribed by law. The Jury, or commis-
sioners, shall not be appointed by any
judge or court without reasonable notice
having been served upon all part leu In
interest. The commissioners shall ibe
selected from tho regular Jury list of
names prepared and made as the legis-
lature shall provide. Any party ag-
grieved shall have the right of appeal.
without bond, and trial by Jury In a
court of record. Until the compensation
shall be paid to the owner, or Into
court for the owner, the proporty
not be disturbed, or the proprietary
rights of the owner divested. When pos
•session Is taken of property condemned
for any public use, the owner shall b
entitled to the Immediate receipt of the
compensation awarded, without prejudice
to the right of either party to prosecute
further proceedings for the judicial de-
termination of the sufficiency or Insuf-
ficiency of such compensation. The fe<
of "land taken by common carriers for
right of way, without the consent of the
mb- this constitution,
ther, that any tempofrtry renting of the i
homestead shall not change the character «
of the same, when other homestead i
has been acquired. i
Sec. 2. The homestead of the family i
shall be. and Ps hereby proteoted from ,
forced sale, for the payments of debts,
except for the purchase money there- ,
for or a part of such purchase
the taxes due thereon, or for work and i
material used In constructing Improve- ,
ments thereon; nor shall the owner, if -
married, sell the homestead without the \
consent of hlfc or her spouse, given in
such manner as may be prescribed by
shall, before entering ipon the duties of law: provided, nothing In this chapter
their respective offices, take and sub- shall prohibit any person from mortgag-
serlbe#to the following oath or afflrma- j ing his homestead, the spouse, If any,
tlon: joining therein.
'#1 do solemnly swear (or affirm) that Sec. 3. After the adoption of this <
I will support, obey and defend the con- stltutlon, paragraph 3 of section 4 . .... , v
Itutlon of the United States, and the section 5 of chapter 34. Statute* of Okla- th* first, nineteen hundred and nine,
institution of the state of Oklahoma, homa, of 1893, shall *e Inoperative; pro- county seats shall be subject to removal
nd will discharge the duties of my of- vided, that no property shall %be ex- under the above named provisions; nut
. e with fidelity; that I have not paid empt for any part or the purchase price town to which removal 1* sought
r contributed, either dlrecly or In'di- while the same, or any part thereof, re--| must receive two-thirds of all votes cast
The
of
mall be prescribed by general ...
except that board of county comtnil-<-
doners may provide for the time of ex-
ercising the initiative and referendum
.lowers as to local legislation in their
respective counties and districts.
The requisite number of ^petitioners
for the Invocation of the initiative and
referendum In counties and districts shall
bear twice, or double, the ratio t
whole number of legal voters In
county or district, as herein provided
therefor in the state at large.
Sec. 6. A measure rejected by the peo-
ple. through the powers of the Initiative
and referendum, cannot be again pro-
posed by the Initiative within three years
thereafter by less than twenty-five (-5)
per centum of «the legal voters.
Sec. 7. The reservation of the po
of the Initiative and referendum In this
article shall not deprive the leglslatun
of the right to propose or pass any meas
ure, which may be consistent with th.
constitution of the state and the consti-
tution of the United States.
Sec. S. Laws shall be provided to pre-
vent corruption In the making, procur-
ing and submitting Initiative and refer
endum petitions.
Geological Survey
Section 1. The legislature shall pro-
vide by law for 'the establishment of
a state geological and economic survey.
Public Service Corporations
Section 1. Tho defense of contributory
negligence or of assumption of risk shall
in all cases whatsoever, he a question of
fact, and shall, at all times, be left to
tho Jury.
Sec. 2. The right of action to recover
damages for Injuries resulting In death
shall nevfcr be abrogated, and the amount
recoverable shall not be subjeot to any
statutory limitations, llayo* would pre-
fer affirmation of commltteo report No.
13. adopted January 22, 1!>07.
and
ral of such county seat, unless such
ipetlng town be more than one mile
rer the geographical center of said
eountv. 1n which event a majority vote
ihall suffice; hut. if more than twx*
towns are voted for. and no town re-
elves the requisite proportion of all the
•otes cast, that all name« of towns votM
or on said ballot, except the two re-
eeMnff the greatest number of votes,
«ha!l he dropped: and the governor shOU,
in like time and manner, cause to be
illed and held a second election, nt
*hloh only the towns which receive the
requisite proportion of the votes cast
at the Hoeond election shall he the eoun-
t; provided, that, after January
purchn
.... _ . part thereof. - —
rectlv. any money or other valuable thing! mains in the possession of the original tn such eountv at the election held there-
to procure my nomination or election (or vendee, or in possession of any pur-j for. and wuch elections shsll not
appintment), except for necessary and chaser from such vendee, with notice; at Intervals of less than ten
nroper expenses expressly authorised by j and provided, further, that nothing in vided. further, that until aft>
r; that I have not, knowingly, violated ! this constitution shall prevent or pro- the first. nlnet<
v elctlon law of the state, or pro- hlhit anv person from mortgaging or en-1 public
•ed it to he done bv others in mv be- cumbering his personal exemption.
half: that I will not, knowingly, receive. The legislature may change or amend
directly or indirectly, any money or other
thing of value for the performance or
non-performance of any act or duty per-
taining to my office other than the com-
pensation allowed by law, and I further
swear (or affirm) that I will not re-
•elve, use or travel ur>on any free pass
>r on free transportation during my
erm of office."
Sec. 2. The foregoing oath shall he
administered by some person authorised
to administer oaths, and in -the ca* e of
jfate officers and Judges of the supreme
court, shall be filed In the office of the
secretary of state, and In case of other
Indicia! and county offices. In the office
of the clerk of the county In which the
*ame Is taken. Any person refusing to
talce said oath or affirmation, shall for-
feit, and any person who shall have been
convicted of having sworn or affirmed
falsely, or having violated said oath or
affirmation, ehall be guilty of perjury,
and shall be disqualified from hoiding
iniv office of trust or profit within the
state. The oath to members of the sen-
ate and the houue of representatives shall
he administered In the hall of the house
to which the members shall have been
elected, by one of the Judges of the su
preme court, or In cose no such Judge
is present, then any person authorized
to administer oaths.
State Commissioner of Charities and
Corrections
Section 1. A commissioner of charities
and corrections, shall be, elected In the
jame manner at the same time, and for
"<e i^ame term as ahall the governor.
Said officer ahall be of either sex. and i
•hall he twenty-five (JB) years of age
or over; In all other respects said officer
shall have the qualifications which shall
he required of the governor.
Sec. 2. The commissioner of charities
and corrections shall have the power,
and it ih hereby made his or her dutv.
to Investigate the entire system of pub-
lic charities and corrections, to examine
into the condition and management of all
prisons, Jails, almshouses, reformatories,
-eform Industrial schools, hospitals, in-
firmaries, dispensaries, orphanages and*
PliMIe and private retreats and asylums,
which derive their support wholly or In
part from the state, or from any eoun-
tv or municipality within the state; and
the officers of the varloiM Institutions
named herein shall promptly, upon de-
mand. furnish the said commissioner with
such Information, relating to their re-
spective institutions, as shall be de-
manded by snld commissioner, in writ-
ing. The said commissioner shall have
the power to summon any person to
appear and produce such books
shall be designated In the sum-
is, and to give testlmonv. under oath
cernlnar the matte* and Institution un-
investlgatlon. The said comm'ssion-
. . .. , shall have the power to administer
Bee. a. Any provision of a contract. ! oath to sueh persona as may be sum-
■xpress or implied, made by any per- moned, and -to enforce all such powers
by which sny of the benefits ofin? are given to notaries public when
of any law mads In they are taking depositions. A full re- municipal township orfb
he terms of this chapter.
Salaries and Compensation of Public
Officers
Section 1. The salary of the Justice*
of the supreme court of the state shall
be four thousand dollars ($4,000) pe>r
annum each, and that of the Judges of
the district court three thousand dollars
($3,000) per annum each, until chainged
by the legislature.
Prlntlra n.irt
Section 1. The le"'-' ' re shall have
the power to e*' date printing
plant and to pre* '-e election or
appointment of a rer.
Banks anr* BarV . nir. Trust and
Quararty Companies
Section 1. Gene-ii laws shall be en-
acted by the legislature providing for
the creating of a banking department,
to he under the control of n bank com-
missioned. who shall he appointed fcv
the govenior for a term of four years,
by and with the consent of the senate,
with sufficient power and authority to
Vegulate and control all *«tnto hanks,
loan, trust and guaranty companies, un-
der laws which shall provide for the
protection of depositors and Individual
stockholders.
Sec. 2. The leiral rate of Interest shall
not exceed six (6) per centum per annum
in the absence of any contract as tn
the rale of interest, and. by contract,
parties may afrree upon anv rate not to
exceed ten M0) per centum per annum,
and. until reduced bv the legislature, said,
rates of six (f>) and ten (10) per centum
shall he. respectively, the iee-al and the
maximum contract rates of interest.
Sec. 3. The taklne, receiving, reserv-
ing or charg'nsr a rate of interest great-
er than is allowed by the preceding see-
i tlon (when knowlnglv done), shall he
deemed a forfeiture of the entire interest
which the <note. hill or other evidence of
debt carries with it. or which has been
agreed to be paid thereon. Tn case n
greater rate of interest has been paid,
the person by whom it has been paid,
or his legal representatives, mav recover
from the person, firm or corporation tak-
ing or receiving the same, Vn an action
in the nature of nn action of debt twice
the amount of the Interest «o paid: prn-
v'ded. that such act'on shall be brought
within two years nfter the maturity of
such usurious contract; provided, how-
ever. that thta section mav he suhlect
to such changes as the legislature mav
prescribe.
County Government
Section 1 TCnch eountv in this state.
non or hereafter organized, shall he a
hodv politic and corporate.
Sec. 2. There nre hereby creited. sub-
let to change bv the leHsloh,-^ In and
for e«eh organised eountv of this state,
the offices of Judge of the eountv court!
cniTty attorney, clerk of the dl^MM
court, county clerk, sheriff, eountv treas.
urer. register of deeds, eountv surveyor
superintendent of pubHe Instruction!
three eountv commissioners, and fcuch
V
_ January
hundred and nine, no
shall he cxpehded for court
>r 1nM construction unless a vote
of the peonle of such eountv shall first
h«ve been taken on the relocation of their
county seat.
Sec. 3. Anv person or corporation of-
fering money or other thing of value,
either directly or indirectly, for the pur-
pose of Influencing any Voter for or
ajmlnst any competing town In such elec-
tion shall he deemed guilty of bribery.
Board of Agriculture
Section 1. There Is hereby created a
board of agriculture, to be composed of
eleven membera. all of whom shall he
practical farmers, and shall be elected In
manner prescribed bv law.
Said board shall be maintained as a
part of the state government and "hall
have Jurisdiction over all matters affect-
ing animal Industry and animal ouar-
sntlne regulations, and shall be the hoard
of regents of all state agricultural and
mechanical colleges and shall discharge
such other duties nnd receive such com-
pensation as may he provided by law.
(To be continued next week.)
MURRAY NAMES NEW COMMITTEE
The Constitution Is to be Edited by New
Members
GUTHRIE: The convention Wednesday
authorised the president to appoint an
editing committee of seven to work with
the committee on revision and compil-
ation and on enrollment and engrossing
to get the constitution in shape for sig-
nature during the proponed recess; also
directing the revision committee to re-
port all propositions to the convention In
engrossed form, Instead of having extra
reports printed except In matters already
acted upon In committee of the whole,
practically the only thing affected by that
provision will be the report of the sched-
ule committee, which has not yet been
submitted to tho convention. Haskell's
orig/nal resolution also set the time for
reconvening after tho recoss for April 15,
but on Hayes' motion all reference to the
date was eliminated on the ground that
the convention could tell better when it
got ready to adjourn, to what date It de-
slreu to adjourn. Williams of Durant
wanted tho committee elected Instead of
appointed. Murray had just ruled against
Williams on a point of order, stating
that the rules were as ho stated, but
that ho was In a hurry to get through
and didn't care about the rules.
The henS of Oklahoma and Kansas
produce In the neighborhood of 12,000.•
000 eggs a month.
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Irelan, O. M. The Sapulpa Light. (Sapulpa, Indian Terr.), Vol. 11, No. 5, Ed. 1 Friday, March 22, 1907, newspaper, March 22, 1907; Sapulpa, Indian Territory. (https://gateway.okhistory.org/ark:/67531/metadc147482/m1/4/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.