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Thereupon, on application of the defend- | proposed Constitution, and for or against any ants, and each of them, for good cause shown, provisions separately submitted. Said elec the court extends the time for making and tion shall, in all respects, be held and conserving case-made herein, and the defend- ducted in the manner required by the laws ants are given ten days from this date in of the territory of Oklahoma for elections which to make and serve case-made for the therein, when not in conflict with the enaSupreme Court, and the plaintiff is given bling act, and as supplemented by this ordithree days after service of said case-made nance, and the returns of said election shall in which to suggest amendments thereto; be made to the Secretary of the territory of said case-made to be settled on two days' no- Oklahoma, who, with the Chief Justice there. tice in writing." And the defendants bring of, and the senior judge of the United States the case to this court for review of the said Court of Appeals for the Indian Territory, judgment.
shall canvass the same, and if a majority A certified copy of the election ordinance, of the legal rotes cast on that question shall as incorporated in the record, is hereby made be for the Constitution, the Governor of a part of this statement of facts, and is as Oklahoma Territory and the judge senior in follows, to wit;
service of the United States Court of Ap
peals for the Indian Territory shall certify Election Ordinance.
the result to the President of the United "An ordinance providing for an election at States, together with the statement of the
which the proposed Constitution for the votes cast thereon, and upon separate arproposed state of Oklahoma shall be sub- ticles or propositions, and a copy of said mitted to the people thereof for ratifica- Constitution, article, propositions, and ortion or rejection, and submitting sepa- dinances, and in all respects comply with rately to the people of the proposed state the provisions of said enabling act. of Oklahoma the proposed prohibition ar- “Sec. 2. On the same day of the election ticle making substantially the terms of for the ratification or rejection of said Conthe enabling act uniformly applicable stitution, there shall be held by the qualified to the entire state for ratification or re
voters for the proposed state, in accordance jection, and for the election of certain
with the election laws of the territory of state, district, district, county and township
Oklahoma when not in conflict with the officers provided for by said proposed | enabling act and as supplemented by this constitution, and for the election of mem
ordinance, an election for officers for a full bers of the Legislature of said proposed state government, including all the elective state of Oklahoma, and five representa
state, district, county and township officers, tives to Congress.
provided for by the provisions of said Con"Be it ordained, by the convention assem- stitution, members of the Legislature and bled to form a Constitution and state govern- | five representatives to Congress, and an elecment for the proposed state of Oklahoma: tion is hereby called for said day and for
“Section 1. That in compliance with an such purposes. The ballots used in voting act of the Congress of the United States of for said officers shall be prepared, printed, America, entitled, 'An act to enable the peo- furnished aud distributed as required by the ple of Oklahoma and of the Indian Territory laws of the territory of Oklahoma for electo form a Constitution and state government tions therein. The returns of said election
. and be admitted into the Union on an equal shall be made as in this ordinance provided. footing with the original states;
"In the counties of Beaver, Blaine, Caddo, enable the people of New Mexico and of Canadian, Cleveland, Comanche, Custer, Arizona to form a Constitution and state Dewey, Garfield, Grant, Greer, Kay, Kinggovernment and be admitted into the Union fisher, Kiowa, Lincoln, Logan, Noble, Oklaon an equal footing with the original states, homa, Pawnee, Payne, Pottawatomie, Roger approved June 16, 1906 [Act June 16, 1906, Mills, Washita, Woods and Woodward, as deC. 3335, 34 Stat. 267], hereinafter mentioned fined and described in said Constitution, said and referred to as the enabling act, and by elections shall be held and conducted by the virtue thereof, an election is hereby called local authorities in their respective counties and shall be held on the sixth day of Au- and voting precincts in the same manner as gust, in the year of our Lord, one thousand now required by the laws of the territory nine hundred and seven, in all of the voting of Oklahoma for elections therein. precincts at said tiine, in the proposed state "In the counties of Beaver, Caddo, Coof Oklahoma, for the purpose of submitting manche, Greer, Payne,
manche, Greer, Payne, Roger Mills, and to the people thereof the question of the Woodward, the local authorities in said reratification or rejection of the Constitution spective counties, and the voting precincts framed and audopted by this convention for therein, shall exercise their functions and said proposed state of Oklahoma, and for perform their duties as such election officers the adoption or rejection of all questions i only within the limits of said counties as therewith separately submitted, and at which defined and described in the Constitution. election the qualified voters of said proposed “In the county of Noble, the local authori. state shall vote directly for or against the ties, in the exercise of their functions and the performance of their duties as election Murray, as president of this convention, shall officers, shall exercise and extend the same within five days thereafter, appoint three to the limits of said county as defined by the qualified electors in each of such counties Constitution.
not more than two of whom shall belong to "Sec. 3. In the counties of Adair, Alfalfa, any one political party to divide such county Atoka, Beckham, Bryan, Carter, Cherokee, or counties into commissioner's districts and Choctaw, Cimarron, Coal, Craig, Creek, Del- townships, and fix election precincts, and aware, Ellis, Garvin, Grady, Harper, Has- designate polling places for such purposes. kell, Hughes, Jackson, Jefferson, Johnston, "Sec. 7. Said county commissioners shall Latimer, Le Flore, Love, Major, Marshall, on or before the eighth day of June, A. D. Mayes, Murray, Muskogee, McClain, McCur- | 1907, divide or designate the townships of tain, McIntosh, Nowata, Okfuskee, Okmulgee, their respective counties into election preOsage, Ottawa, Pittsburg, Pontotoc, Puslima- cincts and establish the boundaries of the taha, Rogers, Seminole, Sequayah, Stephens, same, and shall designate a polling place in Texas, Tillman, Tulsa. Wagouer, and Wash- each precinct, and appoint all necessary inington, the local officers and authorities pro-spectors of election in the several precincts, vided for in this ordinance, shall exercise all whose duties shall be the same as inspectors the functions and perform all the duties of election under the laws of the territory within the limits of such counties, townships of Oklahoma, and shall also perform all and voting precincts in the same manner as other duties required to be done or performed is now required by the laws of the territory by the boards of county commissioners perof Oklahoma for elections therein.
taining to elections under the laws of the "Sec. 4. That the
the counties hereinafter territory of Oklahoma for elections therein, named be and they are hereby divided into and shall perform all other duties or acts the following described and numbered com- necessary to the conduct of said election. missioner's districts and the following de- "Sec. 8. That the election laws of the terscribed and numbered or named municipal ritory of Oklahoma now in force, as far as townships:
applicable and not in conflict with the ena"Sec. 5. Any board of county commission- bling act, including the penal laws of said ers or a majority of such board, shall have territory relating to election and illegal votthe power at any time prior to the first day ing, are hereby extended and put in force of June, Anno Domini nineteen hundred and throughout the proposed state of Oklahoma seven, to change the boundaries of any mu- until the Legislature of said proposed state nicipal township or commissioner's district, shall otherwise provide, and until all perfixed by this ordinance, and it is especially sons offending against said laws in the elecprovided that the boundaries of such town- tions aforesaid, shall have been dealt with ship and commissioner's district, after Au- in the manner therein provided, and the gust 6th, nineteen hundred and seven, may courts of said state shall have power to enbe changed in the manner as provided by the force said laws in the same manner as other laws of the territory of Oklahoma for the criminal laws of said state. changing of such boundaries; provided, such “Sec. 9. On the Friday following the elecchanges of boundary lines as to municipal | tion provided for in this ordinance, the countownships and commissioner's districts, if ty clerk and the commissioners of each counmade prior to June 1st, A. D. nineteen hun- ty of said proposed state, or a majority of dred and seven (and no change as to bound- said commissioners, shall meet at the office aries whatever shall be made during the of said clerk at ten o'clock a. m., of said day, time intervening between the first day of and shall proceed to canvass the several reJune, A. D, nineteen hundred and seren and turns which have been made to that office the 6th day of August, A. D. nineteen hun- and determine the persons who have redred and seven) shall not operate to change ceived the greatest number of votes in the any polling places or to destroy any voting county for the several county, township, disprecinct.
trict and state officers, members of the “Sec. 6. In each of the counties of Greer, Legislature and representatives to Congress, Beaver, Woods, Woodward, and Comanche and such findings shall be reduced to writ. (and any other county in the proposed state ing and signed by said commissioners and similarly situated), as defined and described attested by the clerk and shall be annexed in this Constitution, on or before the sixth to the abstract given for such officers. If day of June, A. D. nineteen hundred and any two or more persons have an equal numseven, the acting board of county commis- ber of votes for the same office and a higher sioners therein or a majority thereof, shall number than any other person, the commissubdivide such county or counties into com- sioners aforesaid shall proceed to determine missioner's districts and townships, and fix by lot which of the two candidates shall be election precincts, designate polling places, elected. As soon as the commissioners have necessary for the purpose of the election determined the person who has received the herein provided for. And should such com- highest number of votes for any office, the missioners fail to comply with the provi- county clerk shall make out abstracts of the sions of this section by said date, Wm. H. votes in the following manner: First, the
m- eral districts and counties in which they
abstract of votes for state and district of. dispatch a special messenger to obtain a ficers and members of the Legislature on one copy of the same from the county clerk of sheet; second, the abstract of votes for rep- such county, and such clerk shall immediateresentative to Congress, on one sheet, and ly on demand of said messenger make out third, the abstract of votes for county and and deliver to him the copy required, which township officers on one sheet, and fourth, an copy of the abstract of votes aforesaid, the abstract of the votes cast for or against the messenger shall deliver to the Secretary of proposed constitution and for or against ar- the territory of Oklahoma without delay; ticles separately submitted, which abstracts the expense of said messenger to be paid by being certified and signed by the county the county clerk failing to make such return. clerk shall be deposited in his office and cer- "For the purpose of canvassing the result tified copies of abstracts for state and dis- of the election the state board of canvasstrict officers, members of the Legislature and ers for the proposed state of Oklahoma representatives to Congress, shall be placed shall meet at the office of the Secretary of in separate envelopes, endorsed and directed the territory of Oklahoma, within thirty to the Secretary of the territory of Oklahoma days after said election, where they sball and forwarded immediately by mail. The open the certified abstracts on file in the failure of the clerk to affix his seal to any office of the Secretary of the territory of such certificate shall not invalidate the re- Oklahoma and proceed to examine and make turns. And said commissioners of each coun. statements of the whole number of votes ty in said proposed state or a majority there- given or cast at said election for state and of shall, at said time and place, also proceed district officers and members of the Legislato canvass the returns which have been ture and representatives to Congress, which made to the office of the county clerk of the statement shall show the names of the perelection held to ratify or reject the Constitu- sons to whom such votes shall have been givtion or any provision separately submitted, en for each of the said officers and the whole and reduce the result of said canvass to number given to each, distinguishing the sevwriting, which shall be signed by said commissioners and attested by the clerk, and were given. They shall certify said statethe clerk shall make an abstract of the ments to be correct and shall subscribe their votes cast for or against the ratification of names thereto and shall determine what persaid proposed Constitution, on one sheet and sons shall have been by the greatest number for or against any provision separately sub- of votes duly elected to such offices, and mitted, on one sheet which abstract being shall endorse and subscribe on such statesigned and certified by the county clerk ment a certificate of election and determinashall be deposited in his office and certified tion and deliver the same to the Secretary copies thereof, under his official seal, shall of the territory of Oklahoma, be placed in a separate envelope, endorsed "If any two or more persons have an equal and directed to the Secretary of Oklahoma, number of votes for members of the Legislaand forwarded immediately by mail.
ture or representatives to Congress or for “The said county clerk shall immediately any state or district office the said canvassmake out in pursuance of the determination ing board shall proceed to determine by of said county commissioners, a certificate lot, in the presence of the candidates, which of election for any person receiving the high- of the two candidates shall be elected. Reaest number of votes for any office or in case sonable notice shall be given to said candiof a tie who have been decided by lot, to
dates of the time when such elections shall have been elected and deliver the same to be determined, and if such candidates, or the person entitled thereto upon his making either of them, fail to appear, in accordance application therefor.
with such notice, then the board of canvass"The Governor of the territory of Oklaho- ers shall proceed to determine such election ma, the Secretary, the Auditor, Treasurer in the absence of the candidates. and Attorney General of said territory, or "The Secretary of the territory of Oklaany three of them shall constitute the state homa shall record in his office in a book canvassing board for the proposed state of to be kept by him for that purpose, each cerOklahoma. The Secretary of the territory
tified statement of determination as made of Oklahoma upon the receipt of the certified by such board of canvassers, and shall withabstracts of the votes given in the several out delay make out and transmit to each counties, directed to be sent to him, shall of the persons thereby declared to be electproceed to open the same and shall record ed, a certificate of his election certified by the same in a suitable book to be kept for him under his seal of office, and he shall that purpose, and shall file and carefully also forthwith cause a copy of such certified preserve them in his office together with the statement of determination to be published original envelopes in which they were en- in a newspaper published at the capital. closed. If from any county no such abstract “Sec. 10. The Secretary and Chief Jusof votes shall have been received within ten tice of the territory of Oklahoma, and the days after the election aforesaid by the Sec- senior judge of the United States Court of retary of the territory of Oklahoma, he shall Appeals for the Indian Territory shall, with
in thirty days after the election herein pro- vided for. Such appointments shall be rided for, canvass the returns of said elec- made at least thirty days previous to said tion to ratify or reject the Constitution or elections, and if prior to that time the chairany provision separately submitted.
man of the central committee of the pro"Sec. 11. The canvass and returns for said posed state, of either of such parties, shall election for the ratification or rejection of nominate in writing a inember of his own the Constitution, and propositions separate- party for said appointment, the Governor of ly submitted, and for all officers authorized the territory shall appoint such nominee. by the Constitution, except as otherwise pro- In case of the death, disability or refusal to vided in the enabling act and the supple- serve of either appointee, the Governor of mentary provisions of this ordinance shall the territory shall notify the chairman of the be made in accordance with the election central committee of such appointee's politlaws of the erritory of Oklahoma.
ical party, and such chairman may, within “Sec. 12. Whenever a vacancy occurs in three days thereafter, recommend a succesthe office o. county commissioner provided sor, who shall thereupon be appointed: Profor by this ordinance such vacancy shall be vided, that if such chairman shall fail to tilled by appointment liy the Governor of the make recommendations of appointment withterritory of Oklahoma within three days in the time specitied, the Governor of the from the date that he is notified of such territory of Oklahoma shall make such apvacancy, such notice to be given by the coun- pointments of his own selection from such ty clerk, and where the Governor fails to political party. till such racancy within said time. said ra- "It shall be the duty of said board to precancy shall be filled hy appointment by Wm. pare and distribute the ballots, stamps and II. Murray as president of the constitutional election supplies for the election of all ofliconvention; provided, however, that if the cers for whom the qualified electors of the vacancy is caused by death or resignation, proposed state are entitled to vote, for repthe person appointed to fill the vacancy shall resentatives to Congress, and all members of be appointed from the same political party the Legislature, and all officers provided by to which such officer belonged, and he shall the Constitution for whom the voters of serve as if he had been originally named by more than one county are entitled to vote, in this ordinance.
compliance with the provisions of said Con"Sec. 13. Wherever a vacancy occurs in stitution and of the election laws of the terthe office of county clerk, provided for in ritory of Oklahoma. Said board shall also this ordinarce, such vacancy shall be filled prepare and distribute ballots, stamps and by appointment by the board of county com- election supplies for the election for the ratimissioners, and where such board of com- fication or rejection of the proposed Constitumissioners fail or refuse for three days, to tion and for or against any provisions sepfill such vacancy, the same shall be filled by arately submitted. The said board shall perappointment by Wm. H. Murray as president form and exercise such other duties as may of the constitutional convention; provided, be prescribed by the election laws of the terhowever, if the vacancy is caused by death ritory of Oklahoma and by this ordinance. or resignation, the person appointed to fill "In the event that the Governor of the terthe vacancy shall be appointed from the ritory of Oklahoma shall fail or refuse to same political party to which such officer act or perform the duties aforesaid, such dubelonged, and he shall serve as if he had ties shall be exercised and performed by Wm. been originally named by this ordinance. H. Murray as president of the convention.
"Sec. 14. All officers appointed and pro- "Sec. 16. In each county in the proposed vided for in this ordinance shall, before en- state, the county clerk and two persons by tering upon the discharge of their duties, him appointed, one from each of the two potake an oath or affirmation to support the litical parties that cast the largest number Constitution and the laws of the United of votes in said proposed state at the election States, the terms of the enabling act, and of of delegates to the constitutional convention, this ordinar.ce, and to well and faithfully shall constitute county board of election comdischarge tl:e duties of their respective of- missioners. Said appointments shall be made fices, and all inspectors, judges and clerks of in all respects as the appointments for the said election shall take an oath or affirma- board of election commissioners hereinbefore tion in conformity with and as required by provided for or required to be made by the the election laws of the territory of Okla- Governor of the territory of Oklahoma, exhoma.
cept that the privilege of nomination shall "Sec. 15. The Governor of the territory of belong to the chairman of the county central Oklahoma and two qualified elector's lip him committee of the two parties aforesaid. appointed, one from each of the two political "It shall be the duty of such board to preparties that cast the largest number of votes pare and distribute the ballots and election in said proposed state in the election of del- supplies for all officers to be voted for in egates to the constitutional convention, shul such counties or who are to be voted for constitute a board of election commissioners other than those who are to be voted for by for the purpose of the election herein pro- all the electors of the proposed state, and members of the Legislature and district offi- homa, and the separate provision, to the peocers as hereinbefore provided in compliance ple of said proposed state, for ratification or with the provisions of this ordinance, and rejection, shall be upon the same ballot in said board shall perform such other duties the following form: as provided for by the election laws of the "Shall the Constitution for the proposed territory of Oklahoma, and by this ordinance. state of Oklahoma be ratified?
"In the event any county clerk shall fail or refuse to perform or discharge any of the
Yes. duties aforesaid, or be disqualified, the coun
No. ty commissioners shall appoint some one to act as county clerk in the performance of such duties.
“Shall the provision for state-wide prohibi. "Sec. 17. In the event any of the county
tion be adopted? commissioners in any county of the proposed
Yes. state shall fail or refuse or be disqualified to perform any of the duties required by this
No. ordinance or the election laws of the territory of Oklahoma, the Governor of the terri- "And ballots used in voting for or against tory shall appoint some one in his stead: the proposed Constitution, and for or against l'rovided that such appointment shall be any provision separately submitted shall conmade from the same political party as that tain no other matters to be voted on at such to which such commissioner belonged.
election and shall be prepared, printed, fur"In the event the Governor of the terri- nished and distributed by the board of electory of Oklahoma shall fail or refuse to take tion commissioners for the proposed state as clue action thereon, and to make such ap- required by the laws of the territory of Oklapointment within three days after he shall homa for elections therein, not in conflict be notified of such failure or refusal or dis- with the provisions of the enabling act and qualification or disability, on the piirt of as supplemented by this ordinance and shall such commissioner, such appointment shall when voted be deposited in ballot boxes sepbe made by Wm. H. Murray as president of arate froin any others used at said election. this convention.
Said election shall in all respects be held “Sec. 18. Nominations for all state, dis- and conducted in the manner required by the trict, county and township offices may be laws of the territory of Oklahoma for elecmade as provided for under the primary elec- tions therein when not in conflict with the tion laws of the territory of Oklahoma, and provisions of the enabling act, and as supplesaid election laws, in connection with elec- mented by the provisions of this ordinance, tion laws of the territory of Oklahoma, be and the returns thereof shall be made as proand are as aforesaid hereby put in forre and vided by said enabling act as hereinbefore effect throughout the proposed state of Okla- set out. homa: Provided, that in cities and towns of “Sec. 20. There shall be submitted sepathe Indian Territory and the Osage Indian rately and in the manner herein provided, the reservation having a population of twesty- | separate provision adopted by this convenfive hundred inhabitants or more as shown tion and referred to as a separate provision by any official census taken either under the for state-wide prohibition, at the same time
ices of the United States government or and on the same ballot, at which said propossuch municipal corporations, the qualified ed Constitution is to be submitted for ratielectors therein shall register up to the 18th fication or rejection, said proposition being day of May, A. D. 1907, in order to be enti- as to whether or not the manufacture, sale, tled to vote therein at any primary election barter, giving away or otherwise furnishing held on or after the 230 day of May, A. D. intoxicating liquors shall be prohibited in 1907, and prior to August sixth, A. D. 1907; the proposed state for a period of twenty-one and provided further, that any person having years from the date of its admission into the registered at the election of delegates to the Union, and thereafter until the people of the constitutional convention, or any municipal state shall otherwise provide by amendment election during 1907, shall not be required of said Constitution and proper state legislato further register in order to vote at such tion, said provision being in words and figprimary election or elections; and provided ures as follows, to wit: further, that any person who shall be pre- “ The manufacture, sale, barter, giving vented from registering by reason of sick- away, or otherwise furnishing, except as ness or necessary absence from such city or hereinafter provided, of intoxicating liquors town, which fact may be shown as provided within this state, or any part thereof, is by the laws of Oklanoma Territory, or shall prohibited for a period of twenty-one years be prevented by the clerk or recorder of such from the date of the admission of this state city or town failing or refusing to register, into the Union, and thereafter until the peothen such elector shall be allowed to vote at ple of the state shall otherwise provide by such election.
amendment of this Constitution and proper Sec. 19. The submission of the proposed state legislation. Any person, individual or constitution for the proposed state of Okla- corporate, who shall manufacture, sell, bar