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THE OKLAHOMA CONSTITU
TION.
Some of Its Salient Features.
Every new constitution framed in
<the United States is oh interest. For
one thing, because it reveals the ten
dency of the times.*
, Heretofore,/ constitutional conven
tions, keeping Over in mind the con
servatism of those to whom their Work
ittiist be submitted, have been Wont
to perpetuate Indefensible provi
sions and to reject desirable innova
tions.
This was true, no doubt, of the
Oklahoma convention, but in less de
gree than of any of its predecessors.
The instrument it submitted to pop
ular vote, and which the people have
now adopted, contains a number of
features that are novel and to an ex
tent experimental. Hence exception
al interest attaches to it.
Modern constitutions have grown in
length over the earlier instruments,
and chiefly because of an increasing
distrust of that branch of the State
government which is to supplement
the organic law by statutory enact
ments.
This development is shown in a re
markable manner in the Oklahoma
constitution. It is extremely long
and enters into details heretofore left
to legislation. But it must be con
ceded that in so doing the specifi
cations are wonderfully well con
ceived —vastly superior to the work
of an average State legislature.
In the more modern constitutions,
distrust of the legislature has been
shown particularly in the prohibi
tion of special legislation' and in the
dictation of legislative procedure.
This the Oklahoma constitution has
done but it has gone much further.
It has embodied many matters hith
erto dealt with almost exclusively by
•statutory law.
Os this Bill of Rights it may be
said that in the main it is couched in
those recognized phrases, protective
of the individual, which have come
down to us as an Anglo-Saxon and
American inheritance.
In addition, it forbids the suspen
sion of the writ of habeas corpus;
it prohibits appropriations for reli
gious or sectarian purposes; it de
clares that perpetuities and monopo
lies shall never be allowed; it admits
of verdicts “in civil cases, and in
criminal cases less than felonies, ’’ by
three-fourths of the jury; it allows
one hundred tax-payers of a county
by petition to convene a grand jury;
and, in case of injunction, it assures
to the accused trial by jury ‘ before
penalty or punishment is imposed.’'
Turning to corporations, it deals
with their “rights” in a very differ
ent manner:
“Sec. 28. The records, books and
files of all corporations shall be, at
all times, liable and subject to the
full visitorial and inquisitorial powers
of the State.”
Furthermore, every industry, ex
cept agriculture, is put upon its good
behavior as follows:
“Sec. 31. The right of the State
to engage in any‘occupat ion or busi
ness for public purposes shall not
be denied nor prohibited.”
The prohibition of the liquor traf
fic in the Indian Territory, part of
the State, is continued for twenty
one years, and the question of apply
ing the san\e to the entire State waa
WATSON'S WEEKLY JEFFERSONIAN.
submitted separately from the body
of the constitution and carried by a
large majority (pp. 585, 611).
Turning from the Bill of Kights,
the body of the Constitution is found
to contain not a few innovations,
most of them admirable.
The oath of office required of all
State and county officials is a case in
point. In addition to the usual for
mula each must swear or affirm that
he has not used money improperly to
secure his election; has not violated
any election law; Mill accept no com
pensation or fee except as provided
by law; nor any free pass. The offi
cial who is convicted of swearing
falselj •is disqualified from holding
that or any other office.
Such an oath must be deterrent, in
a measure at least, of corrupt prac
tices in elections and of malfeasance
in office.
An advanced position is taken in
the limitation of public service and
of work in mines to eight hours per
day. Also in direct primaries for all
officers, including United States Sen
ators.
By Article xviii complete home rule
is given to municipal corporations.
The voters of each city frame and
amend their own charter, subject only
to the governor’s decision as to its
constitutionality. A number of elec
tors equal to one-fourth of those vot
ing at the next preceding election
can call a special election for choos
ing a board of freeholders to draft
a new city charter. A like number
may initiate an amendment to the
charter and have it submitted at a
special election. In the same way,
the voters may ask for a specific or
dinance, and, if their petition is not
granted, the mayor submits it at the
next election to a vote of the people.
So also, the voters are given a veto
upon any ordinance passed by the city
council.
Besides these forms of optional in
itiative and referendum, a compul
sory referendum is provided upon
the grant or renewal of franchises,
none of which can exceed twenty
vears.
Then occurs the following wise and
unique proviso:
“Nor shall the power to regulate
the charges for public services be
surrendered; and no exclusive fran
chises shall ever be granted.”
A special indebtedness may be in
curred by popular vote for the pur
pose of putting in force the follow
ing clause:
‘ ‘ Sec. 6. Every municipal corpor
ation within the State shall have the
right to engage in any ousir.ess or
enterprise which may be encaged in
by a person, firm or corporation by
virtue of a franchise from said cor
poration.”
And why not? Is there any better
way to settle the mooted question of
municipal ownership and operation
than to leave it to the option of the
electorate most interested, to the peo
ple who must pay the bills in an>
event ?
Article ix, a very long one. deals
with corporations. The p ‘rnmnent
restrictions are of the first impor
tance and seemingly wise.
A corporation commission, elected
by the people—one every two years
to serve for six years —is endowed
with plenary powers of enforcement,
The commissioners can have no pe
cuniary interest in any public util
ity.
The commission may fix rates and
charges, may inspect all books and
papers of the corporation.
Railroads are declared to be public
highways; they must allow connec
tions and crossings with other rail
roads; they are commanded to re
ceive and transport each other’s cars
without discrimination.
No railroad shall control any other
public service corporation having
a competing line; none chartered
by the State shall consoli
date with any company chartered
elsewhere. No railroad shall trans
port anything in which it has an in
terest, except articles and commodi
ties intended for its own use; no rail
road shall give “frank, free ticket,
free pass or other free transporta
tion.” With certain enumerated ex
ceptions, every person is forbidden to
use a free pass.
Like restrictions apply to other
transportation and to transmission
companies, such as “oil-pipe, car, ex
press, telephone or telegraph corpora
tions. ’ ’
Corporations are fordibden to wa
ter stock or issue fictitious bonds;
“to influence elections or official du
ty by contributions of money or any
thing of value.” They are prohib
ited from investing in other corpora
tions. They must file a list of stock
holders; they must agree to -übmit
any difference with employes tv arbi
tration. No corporation nor person
is permitted to discriminata in sales
between different sections or individ
uals.
Other limitations upon corpora
tions are set forth at length, includ
ing liability for the injury or death
of employes, and two cent a mile
fares upon railroads, but, being left
open to change by the legislature,
they may be temporary.
. Phinizy & Co.
COTTON FACTORS
Augusta, Georgia
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Wragl Atlanta, Ga., Feby. 6, 1899.
Mrs. W. H. Bush, Winder, Ga.
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PHILLIP COOK, Secy, of State of Georgia.
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Send for literature.
—I BUSH'S SPECIFIC CO., Winder, Ga.
W. H. SHEATS. Secretary and Treasurer.
Please mention this paper.
The constitution provides for 3
bank commissioner, appointed by ’.he
governor with the advice and consent
of the senate.
Legal rate of interest shall not ex
ceed six per cent, and no contract
shall be valid which exceeds ten per
cent.
No bank shall have an interest in
another bank.
Non-resident aliens are forbidden
to own land in the State. Public ser
vice corporations are prohibited from
owning any land whatsoever in the
State, “except as the same shall be
necessary for the transaction and op
eration of its business as such.”
No corporation shall be licensed to
trade in real estate outside of incor
porated cities and towns.
The legislature is authorized to tax
anything, provided it is done by gen
eral laws for State purposes. It can
impose a poll tax of not exceeding two
dollars. The legislature may by gen
eral laws confer upon counties and
municipal corporations the power to
assess and collect taxes up to $31.50
per SI,OOO.
Any municipality, by majority
vote of its electors, may exempt new
manufacturing establishments from
taxation for a period of five years.
All public debts incurred shall be
for specific purposes, and be accom
panied by a sinking fund which shall
extinguish the debt in twenty-five
years.
•The State debt shall not exceed
$400,000.
Os the above provisions it may be
said that, with few exceptions, they
seem to be warranted under condi
tions as they exist today.
Some of the provisions not yet con
sidered are bad, but as a rule they
have been taken bodily from other
State constitutions framed without
the experience of the present day.
(Continued on Page Thirteen.)
PAGE ELEVEN