A certified copy of the election ordinance, as incorporated in the record, is hereby made a part of this statement of facts, and is as follows, to wit:

Election Ordinance.

"An ordinance providing for an election at which the proposed Constitution for the proposed state of Oklahoma shall be submitted to the people thereof for ratification or rejection, and submitting separately to the people of the proposed state of Oklahoma the proposed prohibition article making substantially the terms of the enabling act uniformly applicable to the entire state for ratification or rejection, and for the election of certain state, district, district, county and township officers provided for by said proposed constitution, and for the election of members of the Legislature of said proposed state of Oklahoma, and five representatives to Congress.

"Be it ordained, by the convention assembled to form a Constitution and state government for the proposed state of Oklahoma:

"Section 1. That in compliance with an act of the Congress of the United States of America, entitled, 'An act to enable the people of Oklahoma and of the Indian Territory to form a Constitution and state government and be admitted into the Union on an equal footing with the original states; and to enable the people of New Mexico and of Arizona to form a Constitution and state government and be admitted into the Union on an equal footing with the original states,' approved June 16, 1906 [Act June 16, 1906, c. 3335, 34 Stat. 267], hereinafter mentioned and referred to as the enabling act, and by virtue thereof, an election is hereby called and shall be held on the sixth day of August, in the year of our Lord, one thousand nine hundred and seven, in all of the voting precincts at said time, in the proposed state of Oklahoma, for the purpose of submitting to the people thereof the question of the ratification or rejection of the Constitution framed and adopted by this convention for said proposed state of Oklahoma, and for the adoption or rejection of all questions therewith separately submitted, and at which election the qualified voters of said proposed state shall vote directly for or against the

provisions separately submitted. Said election shall, in all respects, be held and conducted in the manner required by the laws of the territory of Oklahoma for elections therein, when not in conflict with the enabling act, and as supplemented by this ordinance, and the returns of said election shall be made to the Secretary of the territory of Oklahoma, who, with the Chief Justice thereof, and the senior judge of the United States Court of Appeals for the Indian Territory, shall canvass the same, and if a majority of the legal votes cast on that question shall be for the Constitution, the Governor of Oklahoma Territory and the judge senior in service of the United States Court of Appeals for the Indian Territory shall certify the result to the President of the United States, together with the statement of the votes cast thereon, and upon separate articles or propositions, and a copy of said Constitution, article, propositions, and ordinances, and in all respects comply with the provisions of said enabling act.

"Sec. 2. On the same day of the election for the ratification or rejection of said Constitution, there shall be held by the qualified voters for the proposed state, in accordance with the election laws of the territory of Oklahoma when not in conflict with the enabling act and as supplemented by this ordinance, an election for officers for a full state government, including all the elective state, district, county and township officers, provided for by the provisions of said Constitution, members of the Legislature and five representatives to Congress, and an election is hereby called for said day and for such purposes. The ballots used in voting for said officers shall be prepared, printed, furnished and distributed as required by the laws of the territory of Oklahoma for elec tions therein. tions therein. The returns of said election shall be made as in this ordinance provided. "In the counties of Beaver, Blaine, Caddo, Canadian, Cleveland, Comanche, Custer, Dewey, Garfield, Grant, Greer, Kay, Kingfisher, Kiowa, Lincoln, Logan, Noble, Oklahoma, Pawnee, Payne, Pottawatomie, Roger Mills, Washita, Woods and Woodward, as defined and described in said Constitution, said elections shall be held and conducted by the local authorities in their respective counties and voting precincts in the same manner as now required by the laws of the territory of Oklahoma for elections therein.

"In the counties of Beaver, Caddo, Comanche, Greer, Payne, Roger Mills, and Woodward, the local authorities in said respective counties, and the voting precincts therein, shall exercise their functions and perform their duties as such election officers only within the limits of said counties as defined and described in the Constitution.

"In the county of Noble, the local authorities, in the exercise of their functions and

the performance of their duties as election officers, shall exercise and extend the same to the limits of said county as defined by the Constitution.

"Sec. 3. In the counties of Adair, Alfalfa, Atoka, Beckham, Bryan, Carter, Cherokee, Choctaw. Cimarron, Coal, Craig, Creek, Delaware, Ellis, Garvin, Grady, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Latimer, Le Flore, Love, Major, Marshall, Mayes, Murray, Muskogee, McClain, McCurtain, McIntosh, Nowata, Okfuskee, Okmulgee, Osage, Ottawa. Pittsburg. Pontotoc, Pushmataha, Rogers, Seminole, Sequayah, Stephens, Texas, Tillman, Tulsa. Wagoner, and Washington, the local officers and authorities provided for in this ordinance, shall exercise all the functions and perform all the duties within the limits of such counties, townships and voting precincts in the same manner as is now required by the laws of the territory of Oklahoma for elections therein.

"Sec. 4. That the counties hereinafter named be and they are hereby divided into the following described and numbered commissioner's districts and the following described and numbered or named municipal townships:

"Sec. 5. Any board of county commissioners or a majority of such board, shall have the power at any time prior to the first day of June, Anno Domini nineteen hundred and seven, to change the boundaries of any municipal township or commissioner's district, fixed by this ordinance, and it is especially provided that the boundaries of such township and commissioner's district, after August 6th, nineteen hundred and seven, may be changed in the manner as provided by the laws of the territory of Oklahoma for the changing of such boundaries; provided, such changes of boundary lines as to municipal townships and commissioner's districts, if made prior to June 1st, A. D. nineteen hundred and seven (and no change as to boundaries whatever shall be made during the time intervening between the first day of June, A. D. nineteen hundred and seven and the 6th day of August, A. D. nineteen hundred and seven) shall not operate to change any polling places or to destroy any voting precinct.

“Sec. 6. In each of the counties of Greer, Beaver, Woods, Woodward, and Comanche (and any other county in the proposed state similarly situated), as defined and described in this Constitution, on or before the sixth day of June, A. D. nineteen hundred and seven, the acting board of county commissioners therein or a majority thereof, shall subdivide such county or counties into commissioner's districts and townships, and fix election precincts, designate polling places, necessary for the purpose of the election herein provided for. And should such commissioners fail to comply with the provisions of this section by said date, Wm. H.

Murray, as president of this convention, shall within five days thereafter, appoint three qualified electors in each of such counties not more than two of whom shall belong to any one political party to divide such county or counties into commissioner's districts and townships, and fix election precincts, and designate polling places for such purposes.

"Sec. 7. Said county commissioners shall on or before the eighth day of June. A. D. 1907, divide or designate the townships of their respective counties into election precincts and establish the boundaries of the same, and shall designate a polling place in each precinct, and appoint all necessary inspectors of election in the several precincts, whose duties shall be the same as inspectors of election under the laws of the territory of Oklahoma, and shall also perform all other duties required to be done or performed by the boards of county commissioners pertaining to elections under the laws of the territory of Oklahoma for elections therein, and shall perform all other duties or acts necessary to the conduct of said election.

"Sec. 8. That the election laws of the territory of Oklahoma now in force, as far as applicable and not in conflict with the enabling act, including the penal laws of said territory relating to election and illegal voting, are hereby extended and put in force throughout the proposed state of Oklahoma until the Legislature of said proposed state shall otherwise provide, and until all persons offending against said laws in the elections aforesaid, shall have been dealt with in the manner therein provided, and the courts of said state shall have power to enforce said laws in the same manner as other criminal laws of said state.

"Sec. 9. On the Friday following the election provided for in this ordinance, the county clerk and the commissioners of each county of said proposed state, or a majority of said commissioners, shall meet at the office of said clerk at ten o'clock a. m., of said day. and shall proceed to canvass the several returns, which have been made to that office and determine the persons who have received the greatest number of votes in the county for the several county, township, district and state officers, members of the Legislature and representatives to Congress, and such findings shall be reduced to writing and signed by said commissioners and attested by the clerk and shall be annexed to the abstract given for such officers. If any two or more persons have an equal number of votes for the same office and a higher number than any other person, the commissioners aforesaid shall proceed to determine by lot which of the two candidates shall be elected. As soon as the commissioners have determined the person who has received the highest number of votes for any office, the county clerk shall make out abstracts of the votes in the following manner: First, the

abstract of votes for state and district officers and members of the Legislature on one sheet; second, the abstract of votes for representative to Congress, on one sheet, and third, the abstract of votes for county and township officers on one sheet, and fourth, an abstract of the votes cast for or against the proposed constitution and for or against articles separately submitted, which abstracts being certified and signed by the county clerk shall be deposited in his office and certified copies of abstracts for state and district officers, members of the Legislature and representatives to Congress, shall be placed in separate envelopes, endorsed and directed to the Secretary of the territory of Oklahoma and forwarded immediately by mail. The failure of the clerk to affix his seal to any such certificate shall not invalidate the returns. And said commissioners of each county in said proposed state or a majority thereof shall, at said time and place, also proceed to canvass the returns which have been made to the office of the county clerk of the election held to ratify or reject the Constitution or any provision separately submitted, and reduce the result of said canvass to writing, which shall be signed by said commissioners and attested by the clerk, and the clerk shall make an abstract of the votes cast for or against the ratification of said proposed Constitution, on one sheet and for or against any provision separately submitted, on one sheet which abstract being signed and certified by the county clerk shall be deposited in his office and certified copies thereof, under his official seal, shall be placed in a separate envelope, endorsed and directed to the Secretary of Oklahoma, and forwarded immediately by mail.

"The said county clerk shall immediately make out in pursuance of the determination of said county commissioners, a certificate of election for any person receiving the highest number of votes for any office or in case of a tie who have been decided by lot, to have been elected and deliver the same to the person entitled thereto upon his making application therefor.

"The Governor of the territory of Oklahoma, the Secretary, the Auditor, Treasurer and Attorney General of said territory, or any three of them shall constitute the state canvassing board for the proposed state of Oklahoma. The Secretary of the territory of Oklahoma upon the receipt of the certified abstracts of the votes given in the several counties, directed to be sent to him, shall proceed to open the same and shall record the same in a suitable book to be kept for that purpose, and shall file and carefully preserve them in his office together with the original envelopes in which they were enclosed. If from any county no such abstract of votes shall have been received within ten days after the election aforesaid by the Secretary of the territory of Oklahoma, he shall

dispatch a special messenger to obtain a copy of the same from the county clerk of such county, and such clerk shall immediately on demand of said messenger make out and deliver to him the copy required, which copy of the abstract of votes aforesaid, the messenger shall deliver to the Secretary of the territory of Oklahoma without delay; the expense of said messenger to be paid by the county clerk failing to make such return.

"For the purpose of canvassing the result of the election the state board of canvassers for the proposed state of Oklahoma shall meet at the office of the Secretary of the territory of Oklahoma, within thirty days after said election, where they shall open the certified abstracts on file in the office of the Secretary of the territory of Oklahoma and proceed to examine and make statements of the whole number of votes given or cast at said election for state and district officers and members of the Legislature and representatives to Congress, which statement shall show the names of the persons to whom such votes shall have been given for each of the said officers and the whole number given to each, distinguishing the several districts and counties in which they were given. They shall certify said statements to be correct and shall subscribe their names thereto and shall determine what persons shall have been by the greatest number of votes duly elected to such offices, and shall endorse and subscribe on such statement a certificate of election and determination and deliver the same to the Secretary of the territory of Oklahoma.

"If any two or more persons have an equal number of votes for members of the Legislature or representatives to Congress or for any state or district office the said canvassing board shall proceed to determine by lot, in the presence of the candidates, which of the two candidates shall be elected. Reasonable notice shall be given to said candidates of the time when such elections shall be determined, and if such candidates, or either of them, fail to appear, in accordance with such notice, then the board of canvassers shall proceed to determine such election in the absence of the candidates.

"The Secretary of the territory of Oklahoma shall record in his office in a book to be kept by him for that purpose, each certified statement of determination as made by such board of canvassers, and shall without delay make out and transmit to each of the persons thereby declared to be elected, a certificate of his election certified by him under his seal of office, and he shall also forthwith cause a copy of such certified statement of determination to be published in a newspaper published at the capital.

"Sec. 10. The Secretary and Chief Justice of the territory of Oklahoma, and the senior judge of the United States Court of Appeals for the Indian Territory shall, with,

in thirty days after the election herein prorided for, canvass the returns of said election to ratify or reject the Constitution or any provision separately submitted.

"Sec. 11. The canvass and returns for said election for the ratification or rejection of the Constitution, and propositions separately submitted, and for all officers authorized by the Constitution, except as otherwise provided in the enabling act and the supplementary provisions of this ordinance shall be made in accordance with the election laws of the territory of Oklahoma.

"Sec. 12. Whenever a vacancy occurs in the office of county commissioner provided for by this ordinance such vacancy shall be filled by appointment by the Governor of the territory of Oklahoma within three days from the date that he is notified of such vacancy, such notice to be given by the county clerk, and where the Governor fails to fill such vacancy within said time. said vacancy shall be filled by appointment by Wm. H. Murray as president of the constitutional convention; provided, however, that if the vacancy is caused by death or resignation. the person appointed to fill the vacancy shall be appointed from the same political party to which such officer belonged, and he shall serve as if he had been originally named by this ordinance.

"Sec. 13. Wherever a vacancy occurs in the office of county clerk, provided for in this ordinance, such vacancy shall be filled by appointment by the board of county commissioners, and where such board of commissioners fail or refuse for three days, to fill such vacancy, the same shall be filled by appointment by Wm. H. Murray as president of the constitutional convention; provided, however, if the vacancy is caused by death or resignation, the person appointed to fill the vacancy shall be appointed from the same political party to which such officer belonged, and he shall serve as if he had been originally named by this ordinance.

"Sec. 14. All officers appointed and provided for in this ordinance shall, before entering upon the discharge of their duties, take an oath or affirmation to support the Constitution and the laws of the United States, the terms of the enabling act, and of this ordinance, and to well and faithfully discharge the duties of their respective offices, and all inspectors, judges and clerks of said election shall take an oath or affirmation in conformity with and as required by the election laws of the territory of Oklahoma.

"Sec. 15. The Governor of the territory of Oklahoma and two qualified electors by him appointed, one from each of the two political parties that cast the largest number of votes in said proposed state in the election of delegates to the constitutional convention, shall constitute a board of election commissioners for the purpose of the election herein pro

vided for. made at least thirty days previous to said elections, and if prior to that time the chairman of the central committee of the proposed state, of either of such parties, shall nominate in writing a member of his own party for said appointment, the Governor of the territory shall appoint such nominee. In case of the death, disability or refusal to serve of either appointee, the Governor of the territory shall notify the chairman of the central committee of such appointee's political party, and such chairman may, within three days thereafter, recommend a successor, who shall thereupon be appointed: Provided, that if such chairman shall fail to make recommendations of appointment within the time specified, the Governor of the territory of Oklahoma shall make such appointments of his own selection from such political party.

Such appointments shall be

"It shall be the duty of said board to prepare and distribute the ballots, stamps and election supplies for the election of all oflicers for whom the qualified electors of the proposed state are entitled to vote, for representatives to Congress, and all members of the Legislature, and all officers provided by the Constitution for whom the voters of more than one county are entitled to vote, in compliance with the provisions of said Constitution and of the election laws of the territory of Oklahoma. Said board shall also prepare and distribute ballots, stamps and election supplies for the election for the ratification or rejection of the proposed Constitution and for or against any provisions separately submitted. The said board shall perform and exercise such other duties as may be prescribed by the election laws of the territory of Oklahoma and by this ordinance.

"In the event that the Governor of the territory of Oklahoma shall fail or refuse to act or perform the duties aforesaid, such duties shall be exercised and performed by Wm. H. Murray as president of the convention.

"Sec. 16. In each county in the proposed state, the county clerk and two persons by him appointed, one from each of the two political parties that cast the largest number of votes in said proposed state at the election of delegates to the constitutional convention, shall constitute county board of election commissioners. Said appointments shall be made in all respects as the appointments for the board of election commissioners hereinbefore provided for or required to be made by the Governor of the territory of Oklahoma, except that the privilege of nomination shall belong to the chairman of the county central committee of the two parties aforesaid.

"It shall be the duty of such board to prepare and distribute the ballots and election supplies for all officers to be voted for in such counties or who are to be voted for other than those who are to be voted for by all the electors of the proposed state, and