The Darrow Press (Darrow, Okla.), Vol. 3, No. 11, Ed. 1 Thursday, January 17, 1907 Page: 2 of 8
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PREVENTS CORPORATION
IMMUNITY BATHS HERE
Constitutional Convention is Getting Down to the
Meat of Organic Law—Compsomise Agreement
Reached on County Seats in Which Bristow
Loses to Sapulpa—Alfalfa Proposed as the Of-
ficial Emblem of the New State.
GUTHRIE: That the officers and em-
ployes of a corporation should be com-
pelled under penalty of fine and Impris-
onment to give testimony and produce
the books and records when such tes-
timony would tend to Incriminate the
witness, and that at the same time no
Immunity should be granted to the wit-
ness for the crime thus revealed are pro-
visions of an amendment to the bill of
rights, offered by Judge J. F. King of
Newkirk, in the constitutional conven-
tion Friday morning.
The amendment was offered as a sub-
stitute for an amendment proposed In
the committee of the whole by Henry
8. Johnston of Perry to be known as
section 33 of the bill of rights, and be-
ing designed to prevent corporations or
artificial persons from claiming the bene-
fits guaranteed to the natural person un-
der the bill of rights.
After disposition of several routine
matters the convention went into the
committee of the whole and resumed the
consideration of the Johnston amend-
ment.
Delegate Kornegay resumed his speech
In opposition to the entire amendment,
charging that the ntlre convention was
being givon over to "corporation bait-
ing."
In support of his proposed amendment
Judge King declared that the changed
conditions coming with the advance of
civilization make It necessary now ■ and
then to throw down a cherished idol or
two.
He admitted that at the time of tne
writing of the Magna Charta there was
wisdom and Justice in the provision
that no man should be required to give
testimony that would incriminate him-
self, but he maintained that changed
conditions make it necessary that we get
away from what has become a fetich.
"In an age when men were drjyvn and
quartered or burned at the stake for petty
crimes," said Judge King, "there was a
necessity for tilia provision, protecting
a witness from the visitation of unusual
punishment when he refused to give tes-
timony against himself, but in tiiis en-
lightened age, this clause acts more as
a shield for crime than as a defense for
the Innocent."
After Judg-a King had been interro-
gated by a number of the delegates in
regard to the meaning and purpose of
his amendment, T.~J. Leahy suggested
that, as the proposed amendment would
be In direct conflict with section 20 as
reported by the committee, should the
same be adopted by the convention, it
would be wise to defer further consid-
eration of the King amendment until
after the committee had reported again
on section 29, which had been re-re-
ferred to them.
Section 29 provides that the right to
refuse to testify because their evidence
might incriminate themselves be denied
to witnesses, but that when they have
so testified, witnesses shall be granted
immunity from prosecution.
Leahy's suggestion prevailed unani-
mously and the roport of the committee
an preamble and bill of rights on several
sections re-referred to the committee was
taken up.
Section 15 was recommended as fol-
lows and adopted without discussion:
"Imprisonment for deut is prohibited,
ecept for non-payment o ffines and pen-
alties Imposed for the violation of the
law."
Section 21, relating to the ury system,
provoked some discussion, and President
Murray offered an amendment changing
the number required to find a verdict in
civil cases from three-fourths to two-
thirds. hut the amendment was promptly
As a present on his sixty-eighth birth-
day, the convention, by unanimous con-
sent, made Delegate Rogers godfather of
the county he represents by changing its
name from Cooweescoowee to Rogers.
The motion asking that the change be
made was made by Schwartz of Chelsea,
and seconded by Frye, republican, of
Sallisaw, who stated that, while he knew
that the Indians desired to see the name
Coowecscoowee perpetuated, yet he
would be pleased to vote to confer the
honor on his venerable friend, Clem Rog-
ers, with whom he 'had served six years
in the Cherokee senate.
Delegate George W. Wood of Alfalfa
county Introduced a resolution in the
convention providing "That we hereby
adopt as the floral emblem for the state
of Oklahoma the alfalfa plant and blos-
som as a fit emblem for her perpetual In-
stitutions and righteous laws."
The school land committee will prob-
ably report In favor of the sale of the
lands.
GUTHRIE: After a struggle lasting
three days the committeo on county
boundaries of the constitutional conven-
tion reached a compromise on the coun-
ty seat question Friday night and pre-
pared a report which was to be consid-
>y a caucus of the democratic mem-
ber.
In the compromise agreed on the ma-
jority of the committee is said to have
consented to the holding of an election
In any county where it is desired with-
in six months after the ratification of
the constitution, and that in such elec-
tion a majority vote shall be sufficient
to decide the contest except where the
seat of government is sought to b moved
to a town farther from the geographical
center of the county than Is the county
seat temporarily named in the report.
In addition to these concessions, the
majority was forced to rescind the ac-
tion making Bristow the county seat of
Moman county, and that portion of the
report, as submitted to the democratic
caucus, Is left blank.
Sapulpa is the opponent of Britsow
and it is said to be duo to the strenuous
fight put up by its champion that the
committee was forced to make the con-
cessions granted.
It is undecided whether the question
of locating the county seat of Mom\,
county will be taken up in the demo-
cratic caucus, or be allowed to go to
the floor of the convention and be fought
out there.
It is believed, however, that as the
delegate from Sapulpa is a republican,
and not admitted to the caucus, the mat-
ter will be passed up to the conven-
tion.
There is some talk of leaving the coun-
ty seat of Moman county unnamed and
allowing the voters of the county to
choose between the two towns, but It is
not deemed probable that this will be
done.
WEDNESDAY'S SESSION
GUTHRIE: The county boundaries
committee Wednesday completed the
work of locating county seats in the
new state. The fight was very warm be-
tween Sapulpa and Bristow In Moman
county, Wagoner and Coweta In Wagoner
county and Checotah and Eufaula In Mc-
Intosh county.
Additional temporary county seats
were located as follows:
Indian Territory counties—Okmulgee
county. Okmulgee; Moman, Bristow;
Hughes. Holdenvile; Seminole, Wewoka:
Haskell, Stigler; Lattimer, Wilburton;
Leflore, Poteau: McCurtain, Idabel;
Scott, Wetumka; Melrtosh, Checotah;
A new $30,000 Baptist church Is under
tabled and the section adopted as read. ; Wagoner, Wagoner; Pushmataha, Ant- ' consideration by the Baptists of Shawnee.
BATTLE OF WORDS
MONDAY'S SESSION
GUTHRIE: Sparkling wit and stinging
sarcasm were the order of the day in
a mental tourney which lasted throughout
the afternoon session of the constitution-
al convention. The joust of intellect oc-
curred while the convention was in the
committee of the whole, discussing the
supplemental report of the committee on
preamble and bill of rights.
Mr. Henshaw of Madill opened the fire-
works by rising to a question of personal
privilege and paying his respects to iu.r.
Haskell of Muskogee, who had declared
near the close of the morning session
that Henshaw wanted to defend the in-
terests of the common people but did not
know how.
"I can understand why Mr. Haskell
says I don't know how to defend the
™..„ m„.ululloual „ | ne°?le'' 8aid Mr- n*nshaw" "!
a federal or territorial officer so that in j ' ,.>s talked th*t way about people who
[ don t agree with me. Of course, if I had
j to disagree with Mr. Haskell, I don't know
, what I am talking about."
j He then took up the discussion of Sec-
tion 26 of the bill of rights as amended
at the morning session, which provides
that private property may be condemned
for right-of-way purposes.
Williams of Durant asked leave to re-
write his amendment, adopted before din-
ner, changing the wording so as to require
that the jury or commissioners which
assessess the damages be drawn from the
jury list of the county instead of the jury
box and including a suggestion from Mr.
Henshaw allowing the property owner to
appeal to the district court without giv-
ing a bond for cost.
The section was adopted as amended.
The real war of words followed when
the consideration of Section 27 was be-
gun. As finally adopted, Section 27 reads:
"The legislature shall pass laws de-
fining contempt and regulating the pro-
ceedings and punishments in matters of
contempt; provided that any person ac-
cused of A'lolating or disobeying an order
of injunction or restraint made or ren-
dered by any court or judgo of this state
shall, before penalty or punishment is im-
posed, be entitled to a trial by a jury as
to the guilt or innocence of the accused.
In no case shall a penalty or punishment
be imposed fo> contempt until an oppor-
tunity to be heard is given."
In the section as originally reported
the words "in case purely for injunction
or restraint" followed the words "court or
judge of this state."
Haskell of Muskogee moved to strike
out the word "purely".
Schwartz of Chelsea spoke earnestly
against the entiro clause, saying it would
prevent the writ of injunction being ex-
ercised in one hundred cases where it
was just to one where unjust. He moved
to amend by striking out a greater part
of the section and leaving the matter in
the hands of the legislature.
Buker of Wewoka warmly seconded
Schwartz's motion and made an im-
passioned plea for the preservation of the
courts. During Baker's address Haskell,
Williams and others sought to "grill'
him. and their stinging questions brought
cutting replies which were amusin . to
galleries, spectators and delegates alike.
Baiter declared that Haskell was full
of sophistry and buncombe and was de-
sirous of destroying all courts because he
happened to have come In contact with
one arbitrary federal judge.
"You may talk about wild-eyed popu-
lists from Kansas," said Judge Baker,
"who want to destroy all the courts. Why
I will put my friend Haskell up against
the entire state of Kansas on that ques-
tion."
R. L. Williams made a notable address
in which he declared himself as one
democrat who proposed to do all in his
power to redeem all the pledges made by
the party to the people.
"If a mistake has been made, It is too
late now to back down," declared Mr.
Williams. "We have pledged the people
to prevent government by injunction,
and I, for one want to carry out that
pledge to the letter.'
Mr. Haskell then vigorously defended
the section as reported. Judge Baker
took up the goad and another trial of wit
occurred.
A vote was taken on the Schwartz
amendment and it was declared lost.
Kornegay of Vinita then moved as a sub-
stitute for Haskell's motion that the en-
tire clause, "in a case brought purely for
injunction or restraint," bo stricken out.
The substitute prevailed.
lers; Bryan. Durant; Coal, Lehigh; Ato-
ka, Atoka; Pontotoe, Ada; Johnston,
Tishomingo; Marshall, Madill; Love, Ma-
rietta; Murray, Sulphur; Jefferson, Ryan;
Stephens, Duncan; Grady, Chickasha;
McClain, Purcell; Garvin, Pauls Valley;
Ottawa, Miami; Carter, Ardmore; Pitts-
burg, McAlester; Choctaw, Hugo; Adair,
Westville.
Oklahoma counties—Beaver, Beaver
City; Texas, Guymon; Cimarron, "at-
tached;" Harper, Buffalo; Ellis, Grand;
Woods, Alva; Roger Mills, Sayre; Greer,
Mangum; Jackson, Altus; Tillman, Fred-
erick; Majors, Fairview; Alfalfa, Chero-
kee; Woodward, Woodward; Beckham,
Cheyenne.
It was learned that the convention Is
figuring on compromising the negro qnes-
tlon by inserting a provision that noth-
ing in this constitution may be con-
strued so as to prevent the leglsature
from enacting a "Jim Crow" law. Dele-
gate Sam Harrison says that an agree-
ment has been reached to this effect.
An Investigation is now being made as
to whether a constitutional delegate is
case o^ a grand ury investigation of al-
leged graft It may be determined whether
a federal or a territorial grand Jury has
jurisdiction.
The convention in committee of the
whole adopted section 31 of the bill of
rights, as follows:
No person or corporation shall import
into the state any person or persons for
the purpose of preserving the peace or
suppressing domestic violence; nor shall
any person or corporation engaged in
the business of common carrier or min-
ing, Independent of the civil authorities
of the state employ within the state any
person or persons for the purpose of pre-
serving the peace or suppressing domes-
tic violence, provided that nothing in
this section shall prevent railroads, ex-
pross and river transportation companies
from keeping armed guards on board of
their trains, steamboats and barges to
protect property Intrusted to them for
safe cariage and the well being of pas-
sengers, under such regultalons as may
be prescribed by law.
When the question of the report of
the committee on segregated coal lands
was brought up and a statement was
made that the report Is not ready, Pres-
ident Murray said:
"My information is that Secretary
Hitchcock desires to control all legisla-
tion on this matter, but I have been
assured that the senate committee has
agreed to withhold any action on the
coal lands until this convention is ready
to pass on a memorial on that subject."
THURSDAY'S SESSION.
GUTHRIE: The morning session of
the convention was consumed in discus-
sion of the section of the bill of rights
relating to the withholding from cor-
porations the immunity delegated to pri-
vate parties from giving evidence that
would tend to self incrimination. The
matter was proposed as an amendment
by Mr. Johnston. It precipitated con-
siderable debate.
The following telegram was received
from the New Mexico constitutional con-
vention:
"Thanks for greeting Congratulations
on your success. We hope to follow
you. L. BRADFORD PINCE,
"President."
Delegate James introduced a petition
from the citizens of the proposed Cimar-
ron county asking that they be allowed
to organize at the same time they vote
on the ratification of the constitution.
Delegate Sater Introduced a proposi-
tion providing for pensions for disabled
firemen who have met with misfortune
in the performance of their duties.
Delegate Gabe Parker introduced the
following congrssional memorial which
was referred to the committee on segre-
gated mineral lands of the Indian Ter-
ritory:
"We, the representatives and deelgates
of the people of Oklahoma In constitu-
tional convention assembled, respectfully
request that the order of the honorable
secretary of tho interior setting aside a
forest reserve in the eastern portion of
the proposed state of Oklahoma should
be set aside and not confirmed. Such re-
serve would be Injurious to the welfare
of this state and would be harmful to
those citizens of the United States who
are the owners of the entire property."
The report of the committee on coun-
ty and county boundaries was not made
as was expected, but was to be submitted
some time this week. There will be some
opposition to the report on the floor of
the" convention.
ASP FINDS LITTLE JOKER
GUTHRIE: Is there a joker in the
provision of the bill of rights relating
to the importation of troops into the state
of Oklahoma? That is a question raised
by Henry Asp of Guthrie in the consti-
tutional convention. The section has
caused a prolonged debate and follows:
"No private person or corporation shall
Import into the Btate of Oklahoma or em-
ploy any person or body of men for the
purpose ef preserving the peace or sup-
pressing domestic violence."
The provision Is Intended to prohibit
the policing of properties during times
3f strikes, and is demanded by the labor
leaders In the convention. It was con-
sidered until this morning that the sec-
tion above would answer the purpose, but
Henry Asp raised a doubt, when he said:
"You are about to hand the labor union
people & gold brick. If you want to
prohibit a person from employing men
to guard his property, you will have to
change the wording considerably. You j
cite two things for which corporations
cannot employ guards, 'preserv ing the J
peace ami suppressing domestic violence ' '
There is nothing to prohibit a man |
from employing men to guard his prop- I
erty. You should not band the labo- peo- j
p'e a gold brick. You should not lie to j
them. If you want to do what they ask. ,
change the wording and prohibt* r per- J
their propert* **
ANARCHY CHARGED
The convention resolved itself Into a
committee of the whole with Delegate
Hays in the chair. The Johnston amend-
ment was called up. It Is as follows:
"The rights secured or reserved to the
inhabitants, the persona, the people, the
electorate, or any particular portion of
either of them shall In no case be ex-
tended to Include corporations, public or
private, and the personal rights secured
to inhabitants and citizens of the state
of Oklahoma shall not confer immunity
upon any officer, director, manager,
"lerk, agent, or employee of any cor-
poration In bis relations as such from
full operation of the vlsltorial and in-
quisitorial powers of the state."
Delegate Kornegay characterized the
amendment as "anarchistic."
Delegates Asp. King, Rose and Kor-
necay made speche*. on the proposition
An effort was made to recommit the sec-
tion but the motion was voted down.
The debate continued until the hour for 1
adjournment and was reported by the
onrunittoe of the whole as unfinished an j ,
permission was asked to consider It fur-
UNIVERSAL SUNDAY LAW
Missouri Congressman Wants One En-
forced Throughout the Country
WASHNIGTON: Representative A. P.
Murphy of the Sixteenth Missouri district
has introduced a bill the enactment of
which would close up every "whisky
shop" and every "whisky drug store" In
the country on Sunday.
"There is so much agitation In favor
of the Sunday "lid,'" said Mr. Murphy,
"that we ought to put It on right If
at all.
"Seven out of eleven counties In my
district voted to exclude liquor altogether
under the local option law. A majority
of my people, therefore, not only are
against the sale of liquor on Sunday, but
want the lid on all the time. And it Is
not enough to put the ltd on saloons on
Sunday.
"Everybody knows that many drug
stores sell whisky freely on that day. as
of error and supersedeas bonds should
lie In this, the same as any ordinary
case was referred to the committeo on
judiciary.
The amended section was then adopt-
ed, after which the committee of tho
whole arose. The convention immediate-
ly adjourned and the democratic mem-
bers went into an executive caucus to
consider , the report of the committeo
on county boundaries.
Three more sections of the constitu-
tion were favorably reported by R. L.
Williams, chairman of the committee on
railroads and public service corporations.
They follow:
Any provision of a contract, express
or Implied, made by any person, by
which any of the benefits of this consti-
tution, or of any law made in accord-
ance therewith, is sought to be waived,
shall be null and void.
Any provision of any contract or agree-
ment, express or implied, stipulating for
notice or demand other than such as may
be provided by law, as a condition prece-
dent to establish any claim, demand or
liability, shall be absolutely null and void.
In all actions to recover damages foi
personal injuries, or where such Injuries
have resulted in death, the fact that the
injured person may have been guilty of
contributory negligence shall not bar a
recovery, but the damages may be di-
minished in proportion to the amount of
negligence attributable to such injured
person.
The term "transportation company"
shall include any person, firm, corpora-
tion, trustee or receiver owning, leas-
ing or operating for hire a railway, street
railway, traction line, canal, steamboat,
pipe line other than those piping gas,
car line, car association, express line, or
any person, corporation, trustee or re-
ceiver In any way engaged In-such busi-
ness over a route acquired In whole or
In part under the right of eminent do-
main.
The term "transportation company"
shall include any person, firm, corpora-
tion, trustee or receiver owning, leas-
ing or operating for hire any telegraph
or telephone line.
The term "common carrier" shall in-
clude all transportation and transmis-
sion companies.
The question whether a corporation
seeking to seize private property through
the right of eminent domain shall be
forced to take the initiative in carrying
such cases into the district court where
the award of the jury or commissioners
shall be unsatisfactory to either party,
or whether the burden of such proceed-
ings shall be imposed on the land owner,
occupied the entire time of the convention
in the committee of the whole Monday
morning.
The question arose in the continued
discussion of section 26 of the bill of
rights as reported out by the committeg
anil was precipitated by an amendment
offered by Johnston of Perry, who sought
to strike out the provision for a board of
commissioners to appraise the damages,
and leave the question always to a Jury
to be provided for by law.
Amendments and substitutes followed
each other in rapid succession and the
debate was participated in by many of
the ablest men of the convention.
Just before the committee arose for
the noon adjornment an amendment of-
fered by R. L. Williams as a substitute
for all pending motions, providing that
that appointment of jury or commission-
ers should never be made except after
due notice had been given to both parties
concerned, and that the names of such
Juries or commissioners should be drawn
from the jury panel of the county, was
accepted by the committee.
A memorial to congress asking for a
survey of the Arkansas river from Fort
Smith to Muskogee was Introduced by
Dearlng of Thomas, and a report was
received from the committee on railroads.
W. H. Harvey of Monte Ne, Ark.,
spoke by invitation at a night session
of the convention, his subject being tho
proper fundamental education for tho
boys of the future commonwealth.
Mr. Harvey declared that there wero
ten basic propositions essential to tho
proper education of a boy into a future
useful citizen and enumerated them as
follows:
The common good, the force and effect
of habit, the effect of prejudice, the ef-
fect of vanity, the effect of selfishness,
a cheerful disposition, honesty, industry,
self-erellance, home ownership.
Talcing each quality up separately Mr.
Harvey eplalned its bearing on the child's
An amendment by Johnston of Perry development and showed Its sesentlal fea-
providing that the right of appeal, writs tures.
REGULATE LAND OWNERSHIP
Alien
Under
Realty Rights Removed
Murray's Provision
GUTHRIE: Allen ownership of land
In Oklahoma is prohibited, excessive
ownership and charters to land compa-
nies ape to be denied, under the terms of
the constitutional provision Introduced
by President Murray of the constitutional
convention under a suspension of the
rules Saturday afternoon.
After denying to foreigners the right
to own land In Oklahoma, the proposition
requires the legislature to provide laws
whereby foreigners, their heirs, and
those who may inherit land In Oklahoma,
shall relinquish title within a reasonable
time.
Corporations desiring to buy, sell or
dltlonal tax on the excess: Above 2,00ft
aores, two per cent; above 3,000 acres,
five per cent; above 4,000 acres, eight
per cent; above 6,000 acres, fifteen per
cent; above 10,000 acres, twenty-five per
cent; above 20,000 acres, fifty per cent,
and above 30,000 acres, one hundred per
cent.
Another section of the proposition pro-
vides that banks and loan companies ac-
coutring lands by foreclosure ef mort-
gages, shall be exempt from this excess
taxation for a p«rlod not to exceed five
years after the foreclosure^
The legislatureauthorized to provide
for a graduated tax upon persons leasing
more than 2.000 acres of land. The leg-
islature Is also given power " to enact
laws for the registration of land titles t.
guarantee the same and to determine the
rightful owners of real estate and to
speculate in lands, or act as the agents
of other corporations or persons, shall be I empower the state or legal subdivisions
denied a charter under the terms of tho j to keep records of land titles and shall
well
i on others .and that even minors
irpose to make a hard fight for
provision.
In
hf form
The mam pursuit in Oklahoma, accord-
ing to the report or Governor Frantr. is
agriculture, there being 143,750 farms In
Oklahoma, with a cash value of $232,-
681.776, averaging $1,613 each.
te
ited St
?cial
Revised Statutes of
which relates to sp
I taxes. The measure would penalize of-
j ferises by a fine not lees than $1,000 or
more than «. ,004 and imprisonment of |
I not less than six months or more than
i two years.
be t
rate
•nslve ownership of lands by Am-
lt>s is discouraged by sections of the
osition which provido for the levy-
jf additional taxes on persona ha-.!ng
above a certain amount. Those
sns having no more laud than U
ed at 2.000 acres of average land will
txed in acoordance with the uniform
Those having more than 2,000 acres
have the power t«
court or court*
agencies thereof."
create the necessary
and department] or
Interurban Mall !
SHAWNEE: Mall
llshed on the line
;erv
Ice In Oklahoma
between Te-
has been eft tab-
nnectlng the two
cities. The first mail was carried on the
evening of the 14th Inst, and constated
will be required to pay the following ad- ] of eleven pouches.
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Daeschner, Gideon. The Darrow Press (Darrow, Okla.), Vol. 3, No. 11, Ed. 1 Thursday, January 17, 1907, newspaper, January 17, 1907; Darrow, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc179985/m1/2/: accessed March 28, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.