Watson's weekly Jeffersonian. (Atlanta, Ga.) 1907-1907, October 10, 1907, Page PAGE ELEVEN, Image 11

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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 I HIGH CLASS SECURITIES I S Among others, we mention a small block of stock in cne of the largest and most conserve ft tive banking institutions in the South, which will increase 150.00 per share in the next year. B / This is of interest to large or small investors and will be on the market but a short time. Yon K will find this a genuine bargain. Call or write CHAS. E. THOMPSON, Stocks and Bonds, 204 Equitable Bldg., Atlanta, Ga. £ SPECIFIC THE GREATEST BURN CURE ON EARTH. I Cures Burns, Scalds, Spasmodic Creup, Erysipelas, Chilblains, Polson Oak, Sore Feet, Old Sores and all Skin Eruptions. Wragl Atlanta, Ga., Feby. 6, 1899. Mrs. W. H. Bush, Winder, Ga. Kt Dear Madam:—l have used your medicine tn my family In two cases of *® v ® re burns-—and relief was afforded Instantaneously. We always ' keep it In our house. It Is a valuable remedy. PHILLIP COOK, Secy, of State of Georgia. * Mrs. Bush's Specific has relieved more suffering than any ether ■Mg? known remedy. It Is worth Its weight In gold to any family and should be kept in the Home at all times. Price 25 and 50 cents per bottle. 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