Oklahoma and the nation; a civil government for schools

Front matter

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Chapter I

The Relation of the Federal Government to the Government of a State. The first step in studying the form and mode of government in a State of the Union may well be the discover¬ ing of the relation borne by it to the Federal Government.

When you come, later-on, to study the story of the forming of the Union, the adoption of the Constitution of the United States, and the decisions of the Supreme Court under Chief Justice John Marshall, you will learn that, very early in our history, this question of the relation between the Federal Government and the various States gave birth to two great political parties (the Federalists and the Republicans) which differed widely in opinion. One party, the Federalists, held that, by the Constitution, the General Government was given supreme authority and that the States were little better than provinces in a nation governed by the President and Congress. In other words, they believed in a strong central¬ ized government at Washington. The other party, the Demo¬ cratic-Republican, insisted that the Constitution of the United States was intended to be a compact, or agreement, between sovereign States, whereby the Federal Government was organized for certain specified purposes, with certain powers granted to it, while all others were reserved to the States.

This controversy continues even today in one form or

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X another. Probably, this is the reason why the Convention that framed the Oklahoma Constitution devoted the first Article to the subject of Federal Relations.

Every citizen of Oklahoma ought to read that Article with great care, because, since the Constitution was adopted by a large majority, it represents the opinion of the people of the State. For the present, before discussing the Article fully, we will limit our study to the statement of a few general prin¬ ciples upon which all citizens agree and concerning which there is no debate.

Those principles, briefly stated, are as follows: Citizens of a State, whether born in this country or naturalized, are also citizens of the United States, subject to the Constitution and governed by the statutes passed by Congress and ap¬ proved by the President. Therefore, they are entitled to protection by the General Government when lawfully exer¬ cising their rights as such citizens whether at home or in foreign countries.

Since, however, each State has its own Constitution, legislature, and laws, we are also, if citizens, subjects of some one State, bound by its laws, and entitled to protection through the various courts and by the officers elected or appointed.

Another point to note carefully is, that the laws of a State must be in accordance with the principles of the Constitution of the United States. If not, upon proper presentation by the person aggrieved to a court having jurisdiction, they will be pronounced unconstitutional—that is, contrary to the Constitution, and therefore, null and void.

Let us note, also, that the statutes of Congress relate only to those matters which are of interest to the people of every State; such as coinage, weights and measures, the army and the navy, the mails, and other things bearing upon their xi welfare as citizens of the United States. This occurs under the clause of the Constitution granting certain powers— either expressed or implied—to the Federal Government.

The acts of a legislature, on the other hand, affect us only as citizens of some one State, having no force beyond its borders; while Federal laws are applicable to us as citizens of the United States. For instance, a man can be tried for treason against the United States only in a Court of the United States, because the act is a crime against the General Government; but murder and burglary are offences against State laws, and the offenders must be tried in State Courts.

Laws differ, also, in the various States. For example, Oklahoma recognizes the right of divorce; South Carolina does not. Again, in some States, hanging is the punishment prescribed for murder in the first degree; in others, as Kansas, life imprisonment in the penitentiary. But offences against the United States, in whatever State committed, are punish¬ able to the same degree and in the same way.

State Constitutions and the Constitution of the United States. By the Constitution of the United States, the form of govern¬ ment in a State must be republican. Hence we find that governors, legislators, and many other officers are always elected by the people.

In Oklahoma, the Legislature consists of two bodies—the Senate and the House of Representatives.

The head of the executive department is the Governor, whose duty it is to see that all State laws are properly en¬ forced, just as it is the President’s to see that the Statutes of the United States are executed.

Congress, consisting of two bodies, a Senate and a House of Representatives, is the legislative department of the Federal Government.

Like the United States, again, Oklahoma has a Supreme

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Court and other inferior courts, presided over by judges who interpret and apply the State laws.

But the Constitution and laws of a State may differ in many respects from those of the United States. To illus¬ trate: All Federal judges are appointed by the President, subject to confirmation by the Senate; in Oklahoma the judges are elected by the people.

Such differences, however, are not important if the great principle of republican government—that is, government with the consent of the governed—be not violated. Reason for these unimportant differences is found in the fact that great changes have taken place in political conditions since the adoption of the Constitution of the United States. Many new States have come into the Union since that time; and, in the light of later events, it has been thought wise to omit some things, to add others. So, no two States have the same Constitution, and their laws differ in many respects, though the general underlying principles are the same. The Con¬ stitution of Oklahoma is the latest, and many men think the best, in its adaptation to the rights and needs of a free people.

Certainly, it is the patriotic duty of every boy and girl within her borders to study it, to know it, and to aid in carrying out its principles.

The First Form of Government in Oklahoma. Oklahoma was originally a portion of the Louisiana Purchase—a large territory lying west of the Mississippi, once claimed by Spain, then, later, by France, from which country it was bought for about $15,000,000, in the administration of President Jeffer¬ son, when Napoleon Bonaparte was Emperor of the French. That momentous event occurred in 1803; but not until 1834, when Jackson was President, was any attempt made to organ¬ ize even the most primitive form of government within

XI11 the bounds of what is now the great State of Oklahoma. In that year the Cherokees were moved westward and our present State was organized as Indian Territory and set apart for the exclusive use of several tribes of red men.

Such it remained until, on March 27, 1889, President Ben¬ jamin Harrison issued his proclamation granting permission to white men to enter, on the 22d of April following, and take up lands west of the 97th meridian. A narrow strip on the northern edge, just south of the Kansas line, extending from Indian Territory to the border of New Mexico, was reserved, however, and not made a part of Oklahoma till 1892. This became known as the “Cherokee Strip,” and today is one of the fairest and most fertile portions of the State.

Numerous cities and towns—chief among them Guthrie, Edmund, and Oklahoma City—sprang up immediately after the opening, and thousands of “claims,” or farms, containing each one hundred and sixty acres, were “staked off” and, later, “preempted” by settlers.

Within a very short time these people organized govern¬ ments—the cities electing Mayors and other officers. This action showed conclusively that they were law-abiding men, and that, from the outset, they looked forward to the building up of a great State.

No better evidence of the character of the first settlers can be stated than the fact that they immediately made provision for the erection of churches and schools.

A Governor and other officers were appointed by the Presi¬ dent, provision made for the election of a Legislature and the organization of county and territorial government. Thus, under the Statute of Congress known as the “Organic Act,” Oklahoma became a full-fledged territory.

In 190G Congress passed the “Enabling Act,” which ad-

XIV mitted Oklahoma as the forty-sixth State of the Union. You may like to know, also, that the flag of the Union bearing Oklahoma’s star for the first time floated from the dome of the Capitol in Washington on March 4, 1908. Subse¬ quently, it was presented by the Speaker of the House of Representatives, Hon. Joseph Cannon, of Illinois, to Hon. Bird S. McGuire, a Congressman from Oklahoma.

Government in the Territory. While a territory the govern¬ ment of Oklahoma was tripartite. The Presidents, from 1889 till 1907, with the consent of the Senate, appointed, for terms of four years, the Governor, the Judges of the Courts, the Secretary of the Territory, the United States Marshal, and the District Attorney. The qualified electors of the various council and representative districts elected the Territorial Legislature—consisting of two houses, the Council and the House of Representatives.

Under the “Organic Act,” the legislature was empowered to make laws for the government of the Territory; but those laws had to be approved by Congress before they could be¬ come operative. The various officers of the counties, cities, and districts were elected or appointed in accordance with the provisions of territorial law. The people could not vote for Presidential electors nor United States Senators. They could, however, elect one Delegate to Congress, who was given the right to debate matters pertaining to the Territory, but not to vote.

The Territory was divided into judicial districts, and given a Supreme Court and three district Judges. All processes issued from the Territorial courts were executed by the United State Marshal, who was in effect High Sheriff of the Territory. The Attorney for the Territory was an officer of the United States, and his duties were very similar to those of a State’s Attorney. The salaries of all Territorial officers xv appointed by the President were paid from the treasury of the United States, and Congress annually made an appropria¬ tion to pay the expenses of the Territorial Legislature.

From the preceding, you will see that people in a Territory are denied many of the rights possessed by the citizens of a State, and understand why Oklahoma was so anxious to be¬ come a self-governing State.

How Oklahoma Became a State. The Territorial delegate presented to Congress a petition for statehood which had been drawn up by the Legislature. That petition was re¬ ferred to the committee upon Territories. That committee drew up and presented a bill to Congress, which, when passed and approved, became the Enabling Act providing for the admission of the Territory as a State. This Enabling Act defined the boundaries of the proposed State, determined the name, and required the qualified voters to elect delegates to a Convention which should prepare a Constitution. It also specified that the Constitution should be republican in form, in harmony with the Constitution of the United States and with the Declaration of Independence, and contained some other provisions deemed necessary by Congress. In accordance therewith, delegates were elected to meet in Guthrie in 1907, in order to prepare this Constitution. After the Constitution was completed, it was submitted to the voters for ratification on September 17, 1907. Having been approved by a large majority, a statement to that effect, together with a copy of the Constitution, was sent by the Governor to the President, who, finding that the provisions of the Enabling Act had been complied with, issued a proclamation declaring the State admitted to the Union on November 16, 1907.

On that day, the first Governor of the State, Hon. Charles N. Haskell, of Muscogee, was inaugurated in Guthrie. He

XVI and other State officers, together with the Legislature, had been elected on September 17, the day the Constitution was ratified. The first Legislature met in Guthrie, January, 1908, and proceeded immediately to frame laws for the government of the new State.

In the following chapters we will study the Constitution in detail—taking up in order the various Articles, of which there are twenty-four, not counting the Resolution of Adop¬ tion and the Article submitting the question of Prohibition to a separate vote of the people.

Chapter II The Constitution Of The State Of Oklahoma

The Preamble. The preamble is an important part of the Constitution. It gives briefly the reasons for establishing the Constitution, aids in arriving at a clear understanding of the various Articles, and guides courts to proper decisions as to the meaning and application of its provisions. In one short paragraph, after invoking the guidance of Almighty God, the preamble ordains and establishes the Constitution in the name of the People, and states that its purposes are to secure and perpetuate liberty, to secure just and rightful government, and to promote mutual welfare and happiness.

ARTICLE I.—FEDERAL RELATIONS.

This Article declares the State an inseparable part of the Union, the Constitution of the United States the supreme law, provides for perfect toleration of religious sentiment and freedom of worship, and forever prohibits polygamy. All title is disclaimed to any unappropriated lands in the State, and to those held by Indians. Equal taxation with citizens of Oklahoma is guaranteed upon real estate to citizens of other States, no tax can ever be imposed by the State upon lands or property of the United States, and the debts of the Territory are assumed.

Provision is made for the establishment and maintenance

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of non-sectarian free public schools, and the State is pledged never to restrict or abridge the right of suffrage on account of race, color, or previous condition of servitude.

The last section prohibits the manufacture, sale, barter, or giving away of intoxicating liquors for twenty-one years from November 16, 1907. Under certain conditions, the Legislature may establish agencies for the sale of liquor and denatured alcohol, to be used for medicinal, industrial, and scientific purposes.

ARTICLE II.—BILL OF RIGHTS.

By this Article all political power is declared inherent in the people, and government instituted for their protection and benefit. They have the right to alter or reform the govern¬ ment whenever required by the public good, provided the change be not repugnant to the Constitution of the United States.

The right of peaceable assembly by the people and that of petition or remonstrance is guaranteed. No power can ever prevent the exercise of the right of suffrage by qualified voters, and no public money can be appropriated for sectarian use.

The courts must be open to all, remedy afforded for every wrong or injury, and justice administered honestly and promptly. No one may be unlawfully deprived of life, liberty, or property; and the right to reasonable bail, except in certain cases, is guaranteed. Excessive fines may not be imposed, unusual punishments inflicted, nor the writ of habeas corpus ever suspended.

All officers must give personal attention to the duties of their offices; no member of Congress or person holding an

THE CONSTITUTION OF STATE OF OKLAHOMA x ix

office of trust or profit in another State or of the United States may hold an office of trust or profit in Oklahoma.

Imprisonment for debt is prohibited, except for fines and penalties in violation of law.

The military must be held subordinate to civil authority; and no soldier may be quartered in any house, in time of peace, without the owner’s consent, nor even in time of war except as prescribed by law.

Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts can never be passed by the Legis¬ lature, nor any one made to suffer in any way for the treason of a parent. To convict of treason requires the testimony of two witnesses or confession in open court.

Cases of felony or misdemeanor before courts of record may not be prosecuted until after presentment, indictment, or information. When information has been laid, the accused is entitled to a preliminary examination before a Magistrate. In courts not of record, prosecutions may be instituted upon a complaint which has been properly sworn to.

Grand juries, consisting of twelve men, may be called by the Judge of a court or demanded through a petition of one hundred taxpayers. Their duty is to investigate all cases of crime, and return indictments if deemed necessary. At least nine of the twelve members must concur in the indict¬ ment.

Trial by jury is guaranteed. In county courts and courts not of record the jury must consist of six men; in others, of twelve. In civil cases, and criminal cases less than felonies, a verdict may be rendered upon the vote of three-fourths of the jury; in others, the jury must be unanimous. In criminal prosecutions, the jury is drawn from the county in which the crime was committed; but, under certain conditions, the trial may be moved to another county. The rights of the

XX accused are carefully guarded. He must have a copy of the accusation, be confronted with the witnesses, and have com¬ pulsory process for obtaining witnesses. He also has the right to be heard in defence either in person or through his counsel. In a trial, one may refuse to give evidence that would incriminate himself except under certain conditions. After acquittal by a jury, no one may be tried again for the same offence.

The right of free speech, either orally, in writing, or in print, is guaranteed; but everyone is responsible before the law for its proper exercise.

Private property may never be taken or damaged except for purposes of necessity, and then only with compensation to be ascertained by a Board of Commissioners after notice to the parties interested. Any party aggrieved has the right of appeal to a court and to trial by jury. Land taken by common carriers (such as railways) for right of way is subject only to the use for which it is taken.

Contempt of court is made a matter of definition by statute, and trial by jury must be granted if the person accused was not within the hearing of the court. In all cases opportunity to be heard must be given before penalty or punishment can be imposed.

The right of a citizen to keep or bear arms, under proper conditions, can never be prohibited; but the Legislature may regulate the carrying of weapons.

No witness may be excused on the ground that his evidence might incriminate himself, but he is free from prosecution or penalty for the matter concerning which he has testified.

The records, books, and files of all corporations are subject at all times to inspection if demanded by the State.

No person may ever be transported out of the State without his consent except by due process of law. This, however,

THE CONSTITUTION OF STATE OF OKLAHOMA X xi

does not effect the operation of extradition laws nor the transportation of criminals to other States for incarceration.

The right of search upon suspicion is carefully restricted. Such right can be exercised only upon warrant for probable cause, supported by oath or affirmation.

The State may engage in any occupation or business for public purposes except agriculture; and in that for educational and scientific purposes or for the support of penal, charitable, and educational institutions.

Perpetuities and monopolies are declared contrary to the public welfare, and shall never be allowed. Nor may the law of primogeniture or entailment ever be enforced in the State.

The last section wisely declares that the enumeration in this Constitution of certain rights shall not be construed to deny or impair others retained by the people.

ARTICLE III.—SUFFRAGE.

Qualified electors in Oklahoma must be male citizens of the United States and of the State, or males of Indian descent born in the United States, over twenty-one, after a residence of one year in the State, six months in the county, and in the election precinct thirty days next preceding the election.

Felons, unless citizenship has been restored; persons living in poor-houses or other asylums at public expense, except Federal or Confederate ex-soldiers; persons confined in public prisons; idiots, and lunatics are not permitted to vote. Members of the regular army or navy of the United States may not vote unless citizens of the State.

Female citizens, possessing qualifications similar to those of male electors, may vote at school elections or meetings.

Election boards,with only a majority from the same political

XXII party, must be created by the Legislature; and it shall provide also for the time and manner of holding and conducting all elections.

A mandatory primary system must be provided for by the Legislature, at which candidates for all offices of all parties including United States Senators, must be nominated. Any non-partisan candidate may be placed on the ballot by peti¬ tion.

Voting at all elections must be by ballot, under rules and regulations prescribed by the Legislature. The Legislature may also prescribe for registration of voters when necessary, and then no one be permitted to vote unless registered.

All elections shall be free, without interference by civil or military power. Electors may, however, be arrested at the polls or while going to or from the same for treason, felony, or breach of the peace.

ARTICLE IV.—DISTRIBUTION OF POWERS.

All governments must have three distinct powers: 1st, to make laws; 2d, to carry out laws; 3d, to interpret laws and apply them to individual cases. In constitutional government they are given to different persons. Therefore, in Oklahoma, we find three separate departments of govern¬ ment: the Legislative; the Executive; the Judicial.

The Different Departments not Always Separable. The three powers of government are entirely distinct and, in theory, in the hands of entirely different persons. In practise, however, it has been thought convenient and wise for some officials to be connected with more than one department. To illustrate: Granting to the Governor the right to approve or to veto laws clothes him with some manner of legislative

THE CONSTITUTION OF STATE OF OKLAHOMA

XXlll power; the Senate, having the power to confirm or reject appointments, has executive as well as legislative power; the Legislature exercises judicial power in cases of impeach¬ ment; and when the judges of the courts direct the execution of laws they partake somewhat of the executive department.

Chapter III. Article V.—the Legislative Department

Initiative and Referendum. In Oklahoma, as in the other

States, the power to make laws is vested in two houses, the Senate and the House of Representatives. But, unlike nearly every other State of the Union, the right to propose laws and, also, amendments to the Constitution, and to enact or reject the same at the polls, independent of the Legislature, is reserved to the people themselves.

This is a great safeguard against unwise or hasty lesislation, and an admirable means for preserving the rights and liberties of the people, as well as for giving expression to their wishes.

The right to propose legislation is known as the Initiative', the right to enact or reject is known as the Referendum.

Under the Initiative, eight per cent, of the qualified electors may propose any legislative measure; fifteen per cent, may propose amendments to the Constitution.

The Referendum may be ordered (except as to laws neces¬ sary for the immediate preservation of the public peace, health, or safety) by five per cent, of the legal voters or by the Legislature itself. This per cent, in each case is to be calculated upon the total vote cast at the last general election for the State officer receiving the highest number of votes. These rights are exercised through petitions filed with the Secretary of State and addressed to the Governor, who must

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THE LEGISLATIVE DEPARTMENT xxv submit them to the people. If approved by the people, the measures asked for become laws, and can not be vetoed by the Governor.

The Referendum may be demanded not only against complete acts, but also against one or more items, sections, or parts.

The power of Initiative and Referendum may be demanded by the people of a county or district with respect to all local Legislation, as well as by the voters of the State at large with respect to general laws.

If the Initiative or Referendum be invoked upon Legisla¬ tion affecting only a county or a district, the necessary number of petitioners shall equal twice the ratio prescribed in the case of general laws, and the Boards of County Com¬ missioners may set the date.

No rejected measure can be proposed again within three years, except upon petition of twenty-five per cent, of the legal voters.

The right of the Legislature to pass or repeal laws is, how¬ ever, in no wise affected.

The Senate. This body shall consist of not more than forty-four members, holding office for four years. But one Senator from each even-numbered district shall hold office only until the fifteenth day after the regular State election in 1908; and one from each odd-numbered district until the same time after a similar election in 1910.

If a district elect two Senators, they must cast lots to de¬ termine which shall hold the long term and which the short term. Each Senatorial district must contain as near as may be an equal number of inhabitants, be in a form as compact as possible, and consist of contiguous territory.

A county or a city may have more than one Senator, since the districts are apportioned according to population.

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The House of Representatives. The House of Representa¬ tives shall consist of not more than one hundred and nine members, until otherwise provided by law, who shall hold office for two years. The members chosen at the first elec¬ tion, however, hold office only until the fifteenth day after the regular State election in 1908.

Senators and Legislators at large may be elected under certain conditions, and the apportionment for members of each house shall be made at the first session of the Legislature after each decennial Federal census. No county may have more than seven representatives, the number of inhabitants in each district shall be as nearly equal as possible, and an apportionment by the Legislature shall be subject to review by the Supreme Court at the suit of any citizen.

Legislative Apportionment. Careful provision is made in sections eleventh to sixteenth, inclusive, for division of the State into Senatorial and Legislative districts, to stand until apportionment is made by the Legislature after the next Federal decennial census (1910).

Qualifications and Rights of Members. Members of the Senate shall be at least twenty-five years of age at the time of election; of the House of Representatives, twenty-one. They must be qualified electors in their respective counties or districts, and must reside in them during their term of office.

No officer of the United States or of the State, receiving pay as such, may serve as a member of the Legislature, nor shall anyone who has been adjudged guilty of a felony be eligible to election.

No member expelled for corruption may ever again be eligible, and punishment of a member by the Legislature does not bar indictment before the courts.

In case of vacancies, the Governor shall issue writs of election. The compensation of members is six dollars a

THE LEGISLATIVE DEPARTMENT X xvii

day during the session; and, for expenses in going to and returning from the place of meeting, they are allowed ten cents for every mile of necessary travel over the most usual route. After the first session held under this Constitution, the pay is reduced to two dollars a day should the sitting be prolonged beyond sixty days.

No member of either house may be arrested, except for treason, felony, or breach of the peace, during the session or while going to or returning from the same, nor may he be questioned in any other place for anything said in speech or debate.

The Constitution also provides that no member of the Legislature may take another office during the term for which he was elected. Nor may a member hold any office created in his term or one the emoluments of which have been increased during his term. Members are also debarred from interest in State contracts authorized during their terms.

Members personally or privately interested in any measures before the Legislature must disclose the fact, and must not vote on such measures.

Sessions of the Legislature. The Legislature of Oklahoma has a regular session but once in two years. This session begins on the first Tuesday after the first Monday in January next succeeding their election, or upon such other day as may be provided by law. The first session under the Constitution was limited to one hundred and sixty days. The Governor may call special sessions.

Organization and Rules. The Lieutenant-Governor is the presiding officer in the Senate, but another member may be elected President pro tempore, whose duty it is to preside in the absence of the Lieutenant-Governor. The Senate also elects its standing committees.

The House of Representatives elects some member speaker.

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Each house is the judge of the election and qualifications of its members, and, by a two-thirds’ vote, may expel.

Each house must keep a journal of its proceedings, and neither can adjourn for more than three days without consent of the other, nor may they meet in different places.

No special or local laws may be considered unless notice of intended introduction has been published for five consecutive weeks in a weekly newspaper circulating in the city or county to be affected by such law.