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they shall issue certificates of election to all persons elected to such convention from the various districts of the Indian Territory, and their certificates of election shall be prima facie evidence as to the election of delegates: Provided further, That in said Indian Territory and Osage Indian reservation, nominations for delegate to said constitutional convention may be made by convention, by the Republican, Democratic, and Peoples Party, or by petition in the manner provided by the laws of the Territory of Oklahoma; and certificates and peti tions of nomination in said Indian Territory shall be filed with the districting and canvassing board who shall perform the duties of election commissioner under said law and shall prepare, print, and distribute all ballots, poll books, and election supplies necessary for the holding of said election under said laws. The capital of said state shall temporarily be in the city of Guthrie, in the present Territory of Oklahoma and shall not be changed therefrom previous to anno domini nineteen hundred and thirteen, but said capital shall after said year, be located by the electors of said state at an election to be provided for by the legislature; Provided, however that the legislature of said state, except as shall be necessary for the convenient transaction of the public business of said state at said capital, shall not appropriate any public moneys of the state for the erection of buildings for capital purposes during such period.
Sec. 3. That the delegates to the convention thus elected shall meet at the seat of government of said Oklahoma Territory on the second Tuesday after their election, excluding the day of election in case such day shall be Tuesday, but they shall not receive compensation for more than sixty days of service, and, after organization, shall declare, on behalf of the people of said proposed state that they adopt the Constitution of the United States, whereupon the said convention shall, and is hereby authorized to form a constitution and state government for said state. The constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Derlaration of Independence. And said convention shall provide in Sald constitution
First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of said state shall ever he molested in person or property on account of his or her mode of religious worship, and that polygamous or plural marriages are forever prohibited.
Second. That the manufacture, sale, barter, giving away, or otherwise furnishing, except as hereinafter provided, of intoxicating liquors within those parts of said state now known as the Indian Territory and the Osage Indian reservation and within any other parts of said state which existed as Indian reservations on the first day of January, nineteen hundred and six, is prohibited for i period of twenty-one years from the date of the admission of said state into the union, and thereafter until the people of said state shall otherwise provide by amendment of constitution and proper state legislation, Any person, individual or corporation, who shall manufacture, sell, barter, give away, or otherwise furnish any intoxicating liquor of any kind, including beer, ale, and wine, contrary to the provisions of this section, or who shall, within the above described portions of said state, advertise for sale or solicit the purchase of any such liquors, or who shall ship or in any way convey such liquors from other parts of said state into the other parts of said state into the portions herein before described, shall be punished, on conviction thereof, by fine not less than fifty dollars and hy imprisonment not less than thiriy days for each offense: Provided that the legislature may provide by law for one agency under the supervision of said state in each incorporated town of not less than two thousand population in the portions of said state hereinbefore described; and if there be no incorporated town of two thousand population in any county in said portions of said state, such county shall be entitled to have one such agency, for the sale of such liquors for medical purposes; and for sale, for industrial purposes, of alcohol which shall have been denaturized by some process approved by the United States Commissioner of Internal Revenue; and for the sale of alcohol for scientific purposes, universities, and colleges as are authorized to procure the same free of tax under the laws of the United States; and for the sale of such liquors to any apothecary who shall have executed an approved bond, in a sum not less than one thousand dollars, conditioned that none of such liquors shall be used or disposed of for any purpose other than in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers by the United States, and the payment of such special tax by any person within the parts of said state hereinabove defined shall constitute prima facie evidence of his intention to violate the provisions of this section. No sale shall be made except upon the sworn statement of the applicant in writing setting forth the purpose for which the liquor is to be used, and no sale shall be made for medicinal purposes except sales to apothecaries as hereinabove provided unless such statement shall be accompanied by a bona fide prescription signed by a regular practicing physician, which prescription shall not be filled more than once. Each sale shall be duly registered, and the register thereof, together with the affidavits and prescriptions pertaining thereto, shall be open to inspection by any officer or citizen of said state at all times during business hours. Any person who shall knowingly make a false affidavit for the purpose aforesaid shall be deemed guilty of perjury. Any physician who shall prescribe any such liquor, except for treatment of disease which after his own personal diagnosis he shall deem to require such treatment, shall upon conviction thereof, be punished for each offense by fine of not less than two hundred dollars or by imprisonment for not less than thirty days, or by both such fine and imprisonment; and any person connected with any such agency who shall be convicted of making any sale or other disposition of liquor contrary to these provisions shall be punished by imprisonment for not less than one year and one day. Upon the admission of said state into the Union these provisions shall be immediately enforceable in the courts of said state.
Third. That the people inhabiting said proposed state do agree and declare that they forever disclaim all right and title in or to any unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian, tribe or nation; and that until the title to any such public land shall have been extinguished by the United States, the same shall be and remain subject to the jurisdiction, disposal, and control of the United States. That land belonging to citizens of the United States residing without the limits of said state shall never be taxed at a higher rate than the land belonging to residents thereof; that no taxes shall be imposed by the State on lands or property belonging to or which may hereafter be purchased by the United States or reserved for its use. Fourth.
That the debts and liabilities of said Territory of Oklahoma shall be assumed and paid by said state.
Fifth. That provisions shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of said State and free from sectarian control; and said schools shall always be conducted in English: Provided. That nothing herein shall preclude the teaching of other languages in said public schools: And provided further, that this shall not be construed to prevent the establishment and maintenance of separate schools for white and colored children,
Sixth. That said State shall never enact any law restricting or abridging the right of suftrage on account of race, color, or previous condition of servitude.
Sec. 4. That in case a constitution and State government shall be formed in compliance with the provisions of this Act the convention forming the same shall provide by or linance for submitting to the people of said proposed State for its ratification or rejection at an election to be held at a time fixed in said ordinance, at which election the qualified voters for said proposed state shall vote directly for or against the proposed constitution, and for or against any provisions separately submitted. 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 is a majority of the legal votes cast on that question shall be for the constitution the governor of Oklahoma Territory and the julge senior in service of the United States court of appeals for the Indian Territory shall certify 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, articles, propositions, and ordinances. And if the constitution and government of said proposed State are republican in form, and if the provisions in this Act have been complied with in the formation thereof, it shall be the duty of the President of the United States within twenty days from the receipt of the certificate of the result of said election and the statement of votes cast thereon and a copy of said constitution, articles,