The Orlando Clipper. (Orlando, Okla.), Vol. 1, No. 15, Ed. 1 Friday, March 1, 1907 Page: 5 of 14
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1*
T
GREER IS TO
REMAIN SPLIT
COURT DECIDES IT HAS NO JURIS-
DICTION IN CASE
INJUNCTION IS REFUSED
DISSENTING OPINION RENDERED
BY JUDGE IRWIN
PIPE LINES CONSIDERED
Decision Is to the Effect that the
Convention is a Legislative Body
Commissioned by Congress
and Creation of Coun-
ties Is Necessary
GUTHRIE: The Oklahoma supremfc
court Saturday refused to grant a tem-
porary restraining order in the case
brought by Greer county to enjoin tho
constitutional convention from the divis-
ion of the county into three parts, on the
grounds that the court is without juris-
diction in the matter. A dissenting
opinion was rendered by Judge Irwin.
The constitutional convention was rep-
resented in the arguments by Delegates
Henry Asp of Guthrie and W. A. Led-
better of Ardmore. Horace Speed of
Guthrie made the argument for Greer
county. C. N. Haskell, who fathered the
division of Oklahoma counties, broke
the news of the decision to the conven-
tion, which brought forth applause from
the delegates.
Chief Justice Burford and Justice
Hainer delivered the oral opinions rep-
resenting the majority decision. Chief
Justice Uurford took the position that
the Oklahoma supreme court is primarily
a court of appeals, with appelate juris-
diction only, and has no original juris-
diction such as would be involved in
hearing an injunction suit begun in the
supreme court. Justice Hainer, concur-
ring with Chief Justice Burford, held
that the constitutional convention is a
legislative body, commissioned by con-
gross to make a constitution and state
government; that the creation of coun-
ties is incidental and necessary to the
formation of a state government, and
thHt the acts of the convention are sub-
ject only to the will of the people, the
constitution of the United States and
the enabling act, and to review .by the
president.
Justice Irwin in his dissenting opinion
states in substance that the organic act
creating the district and supreme courts
of Oklahoma conferred upon them com-
mon law and chancery jurisdiction, with-
out putting any limitation upon those
terms and gave the court necesary pow-
er in cases of this kind where there were
no constitutional or statutory limita-
tions, and the mere fact that the exer-
cise of such power was difficult and in-
convenient did not in any way militate
against the possession of the power. He
also held that tho convention could only
create counties necessary to the forma-
tion of a state government, and that it
Is not justified in dividing counties where
there Is no necessity for the action.
Constitutional Provision Would Bar All
Aliens From New State
GUTHRIE: The question of prevent-
ing the piping of gas from the state by
refusing charters to any companies or-
ganized for that purpose and forfeiting
the charters of any already organized
which should engage in that business,
came up before the convention Friday
morning, but such strong representa-
tions were made by some of the lawyers,
and especially by Hayes and Baker, that
the provision proposed might interfere
with interstate commerce that the whole
matter was referred to (the judiciary
committee to discuss the legality of the
proposition.
In the debate on that subject Led-
better of Ardmore stated that he thought
there was much more danger of the con-
stitution receiving the disapproval of the
president if it interfered with interstate
commerce than on account of the "Jim
Crow" provision.
"I don't think so," said "Bob" Wil-
liams, who was defending the pending
proposition . "He thinks a heap more
of the nigger than he does of protect-
ing the corporations."
The matter was referred, however, In
spite of Williams' protests.
A constitutional proposition was intro-
duced by President Murray requiring the
legislature to pass suitable laws for the
regulation of architecture and another
by Caudill imposing certain restrictions
on- the legislature.
Exceedingly stringent provisions re
garding land ownership, intended to pro-
hibit entirely anything in the way of
speculation in lands, were reported by
the special committee composed of the
chairman of the most important stand-
ing committees of the convention, to
which several provisions on that sub-
ject were recently referred.
Alien ownership on land is absolutely
prohibited. Exceptions are made in case
of aliens who are bona fide residents
of the state and on lands now owned by
■liens of this state.
The legislature is requrled to pass laws
providing regulations under which any
alien who shall come into ownership of
land in the state shall dispose of it
within five years. No corporation is to
be chartered or licensed for the purpose
of buying, acquiring, trading or dealing
in real estate other than city property.
Corporations dealing in real estate in
satisfaction of indebtedness are not to
hold the same for more than five years.
The legislature is given power to enact
laws for the registration on land titles
and guarantee of the same.
All of the debate was on the recon-
sideration of the section forbidding cor-
porations to own stock In other compan-
ies. The section was reconsidered be-
cause it was considered by some of the
members of the committee that the orig-
inal report was too stringent. Ledbetter
presented a substitute providing that no
corporation should own stock in another
corporation in the same or competing
business, which was still under dis-
cusion at adjournment.
The convention adjourned early in re-
spect to the memory of General George
Washingotn.
JIM CROW IS
SIDETRACKED
MONDAY'S PROCEEDINGS
REFERRED TO A COMMITTEE OF
LAWYERS FOR LEGAL OPINION
ONE RESULT FORECAST
LAWYERS WHO COMPOSE COM-
MITTEE ARE AGAINST IT
M'GUIRE TO PANAMA
4
A constitutional provision regulating
Insurance companies was adopted pro-
viding for the creation of an Insurance
department under the supervision of an
Insurance commissioner, appointed by
the governor with the consent of the
senate, to serve four years. The legis-
lature shall require such deposit of col-
lateral or Indemnity for the protection
of the policy holders as it deems proper.
Until otherwise provided by law, all in-
surance companies operating in tho state
except fraternal companies, shall pay
annual entrance fees, as follows:
reserve life Insurance compan-
ies, $200; foreign fire inr.urai ce compan-
ies, $100; foreign accident atiil health in-
surance comtanles, $100; surety and bond
companies. $150; plate glass insurance
companies, not ntcident. $-5.
Until the legislature shall provide oth-
erwise, each insurance, surety and bond-
ing company, except domestic companies,
shall pay an annual tax of two per cent
on all premiums collected, and a tax ot
$3 on each local agent.
One of the Congressional Committee to
Inspect the Progress of Work
WASHINGTON: Delegate B. S. Mc-
Guire will be a member of a congres-
sional committee that will go to Panama
arnd inspect the progress of work on the
canal. The committee will leave Wash-
ington a few days after adjournment,
March 4. It will take a steamship at
New York for Panama. The party ex-
pects to spend two weeks on the trip.
Chairman Shonts of the Isthmian canal
commission, who has charge of the par-
ty, said that every member of the house
should visit the isthmus and .Inspect
the canal work. He believes they should
do this in order to properly fit them-
selves to pass upon canal legislation. The
committee that will leave here in March
is composed of friends of President
Roosevelt, who have cfcne their utmost
to support the administration's policy
regarding the construction of the canal.
Delegate McGuire is deeply interested in
the canal project and has discussed it
with Mr. Roosevelt. It was owing to the
fact that he is close to the president
that he was asked to be a member of
the committee. Mr. McGuire is honored
by selection as a member of the com-
mittee as it seldom happens that a ter-
ritorial delegate is made a member of
a congressional body of the clittracter
Indicated.
Argument that Ninety Per Cent of
Constitutional Delegates Had
Pledged Themselves to Adopt
a Jim Crow Section is
of No Consequence
GUTHRIE: The supporters of the
•Jim Crow law met defeat in the con-
vention Thursday when a resolution by
Haskell to refer the question to the rec-
ommendation of a committee of nine at-
torneys was adopted by a vote of 04 to
27 Most of the delegates took it for
granted that the Haskell resolution was
merely a polite method of burying "Jim
Crow" so deep that it can never be res-
urrected and the opponents of the meas-
ure strengthened this conclusion by con-
fining their remarks to arguments why
"Jim Crow" should not go into the con-
stitution.
The champions of "Jim Crow, wish
ing to force the final issue at an early
iate, secured the adoption of a motion
instructing the special committee to re-
port Monday morning at 10 o'clock. It
is considered certain that the committee
will report that a "Jim Crow" provis-
ion in the constitution will be in con-
flict with the enabling act. The com-
mittee is instructed to report on wheth-
er a future legislature will have the. au-
thority to adopt a "Jim Crow" law if
the constitution is silent on the ques-
tion.
This action is interpreted to mean
that the opponents propose to keep any
reference to the question out of the
•onstitution, even barring a provision
authorizing the legislature to pass such
I,edbetter, Graham and R. L. ^ illiams
were among the strong champions of the
law on the floor. Williams gave notice
that when the question comes up for
final disposition he will move to have a
"Jim Crow" provision in tho constitu-
tion, submitted separately to a vote of
the people.
The opponents revived all their ol«l
arguments, that more than twenty dem-
ocratic representatives and senators in
congress had written letters to dele-
gates stating that such a provision in
the constitution would be dangerous,
that the people want statehood tirst
and would rather delegates would disre-
gard their pledges than to do anything
to cause President Roosevelt to tturn
down the consittution.
Delegate Graham of Marietta, the lead-
ing "Jim Crow" champion, answered
these arguments by declaring that its
opponents had not advanced a single le-
gal argument why its incorporation
would endanger statehood or produced
a single statement authorized by Pres-
ident Roosevelt to that effect, and con-
tinued:
" 'Jim Crow' today for Oklahoma or
'Jim Crow' never, gentlemen; that is the
question. You break faith with your
people and there will be more political
graves in Oklahoma than 'n the nation-
al cemetery and they will not contain
republicans, either."
He pointed out that fully 90 per cent
of the delegates in the convention were
elected on pledges to put a "Jim Crow
section in the constitution.
President Murray Fy-iday announced
the committee of lawyers to prepare a
legal opinion and submit it to the con-
stitutional convention on the question of
the legality of the proposed "Jim Crow"
elause.
The original list contained the namea
of W. A. Ledbetter, T. J. Leahy and J.
C. Graham, but each of these gentlemen
declined to serve on the committee. The
list as finally approved -jy tba i^onveu-
♦lan U taUowt'
Convention Considers Exemptions and
Legislative Department
GUTHRIE: After spending the entire
forenoon of Monday in the discussion
of tho adoption of the rules of pro-
cedure for the guidance of the legisla-
ture, the convention in the afternoon
railroaded the report of the committee
on revenue and taxation, without * e-
gard to possible "sleepers," adopting
many important sections without dis-
cussion. What discussion there was
came up on minor points and the big
features w*erc passed without comment.
A large part of tho report was adopted
with practically no changes, except in
the section regarding exemption. That
Entire Beetion, as reported by the com-
mittee was ditched, and a substitute
adopted, exempting household goods of
heads of families, not exceeding $100 in
value, all growing crops, tools, imple-
ments or livestock, used in supporting
the family, to the extent of $100. Ex-
union and ex-confederate soldiers and
their widows are exempted to the amount
sf $200, cutting in two the exemption re-
fo-'.ed by the committee.
To the exemption of the Murrow and
Whltaker orphans' homes were added
all fraternal and other orphans' horn 't
and their charitable funds. The pro-
vision for the taxation of all property
ic Its actual cash value Is retained and
llso the one giving the legislature paw- r
to authorize any municipality to exempt
manufacturing plants from munio.i ni
taxation for not more than five years.
The consideration of the report of the,
committee on 1' gislalive department Ma-
concluded, but two lines of the report,
constituting the first two sections, be-
ing retained. Two sections were tabled
and substitutes adopted for two others.
In addition for the provision that the
senate shall name its own committees,
the report as adopted provides that the
senate shall consist of not more than
forty members and the house of not
more than one hundred and Ave.
Terms end fifteen days after the elec-
tion at which their successors are
chosen. Senators serve four years and
representatives two. For the first elec-
tion senators from even numbered dis-
tricts serve until 1908 and from odd
numbered districts until 1910. The leg-
islature Is to be called together by proc-
lamation of the governor not less than
fifteen nor more than thirty days afte'
the admission of the state.
HEAVY LOSS TO MUSKOGEE
Total Damage Is Estimated at No Less
Than $95,000
MUSKOGEE: At an early hour Sun-
day morning the Culbertson bu'.ldinfi. < >-
gether with its entire contents, was de-
stroyed bv fire. The ground floor was
occupied by the Fair Mercantile com-
pany, one of the largest department
stores in the city. The upper floors were
occupied by real estate and professional
men.
Electric light wires were melted and
the exposed wires threatened the entire
block, necessitating the shutting down
of the power plant, putting the city in
total darkness. The suddenness with
which the fire broke out caused several
narrow escapes of persons sleeping in
the building.
Aside from the enormous loss finan-
cially, the most distressing feature is
the entire loss of the records of the local
and grand Masonic lodges of the In-
fllan Territory. These records were
kept In the office of Major Walrond, sec-
retary of the chapter and commandery.
The loss is estimated at $39,000. with
$5(1,000 insurance as folows: Building
$P,0 000, insurance, $20,000; Fair Met an-
tiie company stock, $40,000, insurance.
%?,0,000; Walrond and Cramer, 103S, $■>,-
000, Insurance. $200; J. C. Fast, capita
1st loss $500, Insurance, $100; Howell,
Parks "& Toomer, loss, V.000. insurance,
$1 000; J. C. McShea, loss, loss, $1,00,
no insurance;Oklahoma Land Company,
loss, $1,000, no insurance;Vollcntie, loss
$1 000 no insurance Ohio Real I.state
I Company, loss, $500, no Insurance; Geo.
Powell loss. $1,000, no Insurance .1.
Warren Reed, loss, $5,000, no Insurance;
I j C Taylor, loss, $500, no Insurance;
Donavan & Grisell, loss, $1,000, no in-
surance.; John Blackford, loss $250, no
insurance; Werder, loss, $o00, no In-
surance. „
The cause of tho _flreMs a mystery.
The Fay State Bank of Fay was au-
thorized by H. H. Smook, terrioria
bank commissioner, to begin buslnes
with «■ capita Block o£ '
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The Orlando Clipper. (Orlando, Okla.), Vol. 1, No. 15, Ed. 1 Friday, March 1, 1907, newspaper, March 1, 1907; Orlando, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc305496/m1/5/: accessed July 16, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.