USA > Oklahoma > A history of Oklahoma > Part 10
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Religious Toleration .- As to the toleration of relig- ious sentiments, the constitution says: "Perfect tolera- tion of religious sentiment shall be secured, and no inhabi- tant of the state shall ever be molested in person or prop- erty on account of his or her mode of religious worship; and no religious test shall be required for the exercise of civil or political rights." This provision insures religious liberty to every one.
Public Schools. - The constitution provides that a system of free public schools, open to all children of the state and free from all sectarian control, shall be organized and maintained. It also contemplates the establishment and maintenance of separate schools for white and col- ored children. Indian children are recognized as white children, and children of African descent are termed colored.
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Prohibition in Indian Territory and Indian Reserva- tions .- Provisons of the constitution (made necessary by the federal relations with Indian tribes relative to the sale of intoxicating drinks) prohibit the introduction and sale of liquor in Indian Territory, Osage Nation, or any Indian Reservation for twenty-one years from the admis- sion of Oklahoma into the Union (1907).
The Bill of Rights .- Article II of the constitution is known as the Oklahoma bill of rights and is more com- plete in detail than such constitutional provisions usually are. Most of the provisions in the bill of rights are those usually found in state constitutions, but a few are charac- teristic of Oklahoma only. (This bill of rights is pub- lished in full in chapter XVII.)
Writ of Habeas Corpus .- A writ of habeas corpus is an order from a court to compel the authorities who have imprisoned any person to appear in court and prove that the prisoner is rightfully held. If it does not appear that the person is rightfully deprived of liberty he must be released. . Section 19 of Article II, relating to writ of habeas corpus, is a distinctive departure from the ordinary law. It provides that "the privilege of the writ of habeas corpus shall never be suspended by the anthorities of this state." The usual provision is that such suspension shall not be made in time of peace.
Fellow-servant Law .- The common law doctrine of fellow-servants, in so far as it affects the master's lia- bility for injuries of his servant resulting from the acts or omissions of any other servant or servants of the com- mon master, is abrogated by the constitution of Okla- homa. In this state any employee has a right to recover from his employer for any damages resulting from aets or omissions of a fellow servant.
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GOVERNMENT IN OKLAHOMA.
Corporations .- Corporations are prohibited from in- fluencing elections or official duty by contributing money or other valuables, and are compelled to submit differences with employees, in reference to labor, to arbitration as provided by law.
SUGGESTIVE QUESTIONS
When and where did the constitutional convention meet ?
Why is the Oklahoma constitution so lengthy a docu- ment ?
What is the relation of Oklahoma to the national government ?
What is religious toleration? What provisions are made in the state constitution for public schools ?
What is prohibition ? How long must it be enforced in that part of the state which formerly comprised Indian Territory ?
What possible wrong is a writ of habeas corpus in- tended to rectify ?
What is a bill of rights?
What is the fellow-servant law of Oklahoma ?
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STATE GOVERNMENT.
CHAPTER VIII. Executive Department
The executive power of the state is vested in a gover- nor, lieutenant-governor, secretary of state, state auditor, attorney-general, state treasurer, superintendent of pub- lic instruction, state examiner and inspector, chief mine inspector, commissioner of labor, commissioner of charities and corrections, commissioner of insurance, and other officers provided by law. These officers are cach elected for a term of four years.
Executive Officers .- No person shall be eligible to the office of governor, lieutenant-governor, secretary of state, state auditor, attorney-general, state treasurer, superin- tendent of public instruction, or state examiner and in- spector, except a male citizen of the United States, of the age of not less than thirty years. and who shall have been, three years next preceding his election, a qualified elector of this state.
Neither the governor, secretary of state, state audi- tor, or state treasurer is eligible to immediately succeed himself in office.
Governor .- The governor is, of course, the supreme executive officer, but since other state executive officers are also elected and not appointed as in the national government, his authority over them is quite limited. The governor is commander-in-chief of the militia (except when in the service of the United States) and he may call out the militia to execute the laws, proteet the public health, suppress insurrection, and repel invasion. The governor has power to convoke the legislature, or the senate only, in special session; to grant pardons; to veto acts of the legislature; to commission all officers not otherwise commissioned by law; and to adjourn the legis-
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lature when the two branches thereof cannot agree as to the time of adjournment.
Lieutenant-Governor. - The lieutenant-governor holds the right of succession in office to the governor and is the presiding officer of the senate.
Secretary of State .- The secretary of state keeps a. register of the official acts of the governor, issues arti- cles of incorporation under proper regulations to com- panies and firms organized under the law, receives in- itiative petitions, and is custodian of the state scal. The state seal of the state of Oklahoma is described as follows : "In the center shall be a five-pointed star, with one ray directed upward. The center of the star shall contain the central device of the seal of the Territory of Oklahoma, including the words,
'Labor Omnia Vincit. ' The upper left hand ray shall contain the symbol of the ancient seal of the Chero- kee Nation, namely: A seven-pointed star partially sur- rounded by a wreath of oak leaves. The ray directed upward shall contain the symbol of the ancient seal of the Chickasaw Nation, namely: An Indian warrior stand- ing upright with bow and shield. The lower left hand ray shall contain the symbol of the ancient seal of the Creek Nation, namely: A sheaf of wheat and a plow. The upper right hand ray shall contain the symbol of the ancient seal of the Choctaw Nation, namely: A toma- hawk, bow, and three crossed arrows. The lower right hand ray shall contain the symbol of the ancient seal of the Seminole Nation, namely : A village with houses and a factory beside a lake upon which an Indian is paddling a canoe. Surrounding the central star and grouped be- tween its rays shall be forty-five small stars, divided into
*Labor conquers all things.
speer
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five clusters of nine stars each, representing the forty-five states of the Union, to which the forty-sixth is now added. In a circular band surrounding the whole device shall be inscribed, 'GREAT SEAL OF THE STATE OF OKLAHOMA, 1907.'"
Examiner and Inspector .- The state examiner and inspector examines the books and accounts of state and county officers, and publishes his reports.
Ile also prescribes a uniform system of bookkeeping for all treasurers whose books are sub- ject to his inspection.
F THE
TATE
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EAT SEAL
AHOMAGO
1907
Commissioner of Labor .- The commissioner of labor is ex-officio chairman of the board of arbitration and conciliation in the labor department. He is, in a general way, in control of the whole department of labor.
Insurance Commissioner. - The insurance commis- sioner must be well versed in insurance matters. IIe has charge of the enforcement of insurance laws, especially as to authorizing insurance companies to transact business within the state.
Auditor .- The state auditor examines and adjusts all accounts and claims against the state. No money can be expended for state accounts except on warrants drawn by the auditor. The state auditor in Oklahoma is also one of the school land commissioners.
Attorney-General. - The attorney-general is the state's legal adviser. This duty is performed by rendering opinions on questions of law submitted to him by state officials. His duties also include the prosecution of cer- tain criminal acts. Hle represents the state in all lawsuits where the state is a party.
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GOVERNMENT IN OKLAHOMA.
State Superintendent .- The state superintendent of public instruction is ex officio chairman of the state board of education, has general supervision of educa- tional matters, and is the adviser in matters pedagogical and legal of county and city superintendents. In legal questions he has a right to the assistance of the attorney- general. IIe is also a member of the school land com- mission.
Treasurer .- The state treasurer receives all state money, receipts for the same, and pays it out upon war- rants issued by the state auditor.
Commissioner of Charities and Corrections. -- The commissioner of charities and corrections has power to investigate public institutions of charities and corrections, but the legislature has power to add to the duties of the office. Eligibility is not restricted by sex, but the officer must be twenty-five years of age and possess the essential qualifications of other executive officers.
Chief Mine Inspector .- No person who has not had at least eight years experience as a practical miner is eligible to the office of chief mine inspector. He has charge of all district mine inspectors and a general over- sight of all mining interests as to the enforcement of laws to safeguard human life.
Corporation Commissioners. - There are three cor- poration commissioners elected, each for a term of six years. This commission is clothed with the authority of a court. The commission is given the right to inspect the books of any railroad company or any other public- service corporation, at such time as the commission deems necessary, and to examine under oath any officer, agent, or employee of such corporation.
It is the duty of the corporation commissioners to regulate all transportation and transmission companies doing business in the state.
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STATE GOVERNMENT.
Decisions of the corporation commission prescribing rates, etc., may be appealed to the supreme court.
Commissioners of the Land Office .- The commission- ers of the land office-governor, secretary of state, state auditor, superintendent of public instruction, and president of the board of agriculture-have charge of the sale, rental, disposal and managing of the school lands and other lands of the state, and of the funds and pro- ceeds derived therefrom under rules and regulations pre- scribed by the legislature.
Board of Agriculture .- The state board of agricul- ture has jurisdiction over all matters affecting animal industries , and animal quarantine regulations, and also acts as a board of regents for all agricultural and mechani- cal colleges.
Board of Education .-- The state board of education is composed of the state superintendent, who is ex officio chairman, and six other members appointed by the governor, by and with the advice and consent of the senate, for six years. Two members of the board are appointed each biennium. The law (senate bill 132 of 1911) also requires that at least "two of them shall be practical school men who shall have had at least four years work, two years of which shall have been in the state of Oklahoma." The board members do not receive regular salaries, but their actual expenses and six dollars per day for each day in actual service of the state constitutes their remuneration. They are the board of regents of all state educational institutions, except the agricultural and mechanical college and the branch agricultural schools. They also serve as a state text-book commission, prescribe courses of study and rules for the issuance of teachers' certificates, and in a general way administer the educa- tional affairs of the state.
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GOVERNMENT IN OKLAHOMA.
Board of Affairs .- The state board of public affairs has charge of all expenditures and purchases made by the state, and of all construction, repair, maintenance and insurance of all public buildings. This board consists of three members appointed by the governor.
Banking Board .- A state banking board, appointive, has power to regulate and control state banks, and Joan, trust, and guaranty companies.
A law also prescribes the manner in which state banks may be operated and provides that the state bank- ing board shall collect a guaranty fund from state banks. This fund shall be used to guarantee all the deposits held in state banks.
The legal rate of interest is six per cent and the con- tract rate is ten per cent. A penalty is provided (for- feiture of twice the amount of interest) for collecting usurious interest.
State Game and Fish Warden .- The laws of Okla- homa protect all game and fish in the state from unrea- sonable destruction by providing regulations by which those seeking to catch fish or kill game must be gov- erned. To supervise the enforcement of these laws, the governor appoints a state game and fish warden. The state game and fish warden is authorized to issue, to any citizen of the state over fourteen years of age, an annual license to hunt or fish. For issuing a hunting license, a fee of one dollar and twenty-five cents is charged. All salaries and expenses of the office of the game warden are paid from funds derived from such fees.
Other Appointive State Officers. - The governor ap- points a state fire marshal to investigate incendiary fires, etc .; a state commissioner of health to investigate violations of pure food and drug laws and in a general way to seek to improve health conditions in the state; a
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state highway commissioner to encourage the building and improvement of public roads; and an adjutant-gen- eral through whom the affairs of the state militia are administered.
SUGGESTIVE QUESTIONS
Name the chief executive officers of the state. What are the chief powers and duties of the governor? Lieu- tenant-governor ? Secretary of state? Examiner and in- spector ? Commissioner of labor ? Insurance commissioner ? Auditor ? Attorney-general ? State superintendent ? Treasurer ? Commissioner of charities and corrections ? Chief mine inspector ?
Describe the state seal.
How many corporation commissioners are there ? For how long a term are they elected? What are the chief powers and duties of these commissioners ?
What state officials also serve as commissioners of the land office ?
What are the powers and duties of the state board of agriculture ?
What are the chief powers and duties of the state board of education ?
What are the duties of the state board of public affairs? State game and fish warden? State banking board ?
What is the legal rate of interest? Contract rate? Penalty for usury ?
What are the duties of the state fire marshal? Com- missioner of health? Highway commissioner? Adjutant- general ?
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GOVERNMENT IN OKLAHOMA.
CHAPTER IX.
Legislative Department
Initiative. - The constitution vests the legislative authority of the state in a legislature consisting of a senate and house of representatives, but the voters also have legislative powers reserved to themselves in pro- visions for the initiative and referendum. That is, the people may, by a petition of eight per cent of the legal voters of the state, initiate and cause a bill to be voted upon, and if a majority of the total vote is affirmative the bill is declared a law.
Referendum .- The referendum upon any measure passed by the legislature may be called for by a petition of five per cent of the legal voters. This must be done not more than ninety days after the final adjournment of the legislature. The petitions for the initiative and referendum are filed with the secretary of state, but ad- dressed to the governor. Any measure rejected by the people, through the powers of the initiative and referen- dum, cannot be again submitted through the initiative and referendum within three years thereafter by less than twenty-five per cent of the legal voters. It requires fifteen per cent of the legal voters to initiate an amend- ment to the state constitution.
The Senate .- A senator must be at least twenty-five years of age, must be an elector of his respective district, and must reside therein during his term of office. The state is divided into thirty-three districts, and there are in all forty-four senators. The lieutenant-governor is ex officio president of the senate, but the senators may elect one of their own members president pro tempore
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and he presides over the deliberations of the senate in the absence of the lieutenant-governor. The senate has some executive powers, chief of which is that of passing upon certain appointments made by the governor.
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House of Representatives .- The house of represen- tatives consists of ninety-nine members. This number may be increased as the population of counties increases. A representative must be twenty-one years of age at the time of his election, must be a qualified elector of his respective district, and must reside therein during his term of office. The house elects one of its own mem- bers as speaker. Regular sessions are held biennially, at the seat of government, beginning on the first Tuesday after the first Monday in January in the next year sue- ceeding their election. The legislature has power to change date of meeting. There are many limitations upon the power of the legislature to pass local or special laws. Bills for raising revenue must originate in the house, but the senate may propose amendments thereto. Emergency legislation is not subject to the referendum, but other laws than those to which an emergency clause is attached are in full force and effect only after ninety days have elapsed from the date of the adjournment of the legislature.
Amendments to the State Constitution .- The state constitution of Oklahoma may be amended by a majority of all the votes cast at an election called to adopt or reject such amendment. Amendments may be proposed by an initiated petition or by a two-thirds vote of the state legislature. The governor, upon receipt of an initiated petition, may call an election to vote upon amendments to the constitution. The question of calling a convention to revise the constitution must be submitted to the electorate every twenty years.
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GOVERNMENT IN OKLAHOMA.
SUGGESTIVE QUESTIONS
What is the initiative? What per cent of the legal . voters is necessary on a petition to initiate a law ? What . per cent to initiate an amendment to the constitution ?
What is the referendum? What per cent of the vot- ers is necessary on a petition to invoke the referendum against an act of the legislature ?
What are the qualifications of a state senator? Who presides over the senate? What executive power has the senate?
How many members compose the house of represen- tatives? Who presides over the house ? When are regu- lar sessions of the legislature held ? What is emergency legislation ?
How may the state constitution be amended? How often must the question of amendments to the constitu- tion be submitted ?
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CHAPTER X.
Judicial Department
Power Vested .- The judicial power of this state is vested in the senate sitting as a court of impeachment, a supreme court, district courts, criminal court of appeals, supreme court commissioners, county courts, courts of justices of the peace, municipal courts, and such other courts, commissions or boards, inferior to the supreme court, as may be established by law.
Impeachment .- A trial for misconduct in office is termed impeachment. The Oklahoma constitution pro- vides that elective state officers and supreme judges are subject to impeachment, and that all other elective officers not liable to impeachment are subject to removal from office by due process of law. When impeachment pro- ceedings are held, the senate sits as a court of impeach- ment and at such times cach senator is under special oath.
Supreme Court .- The supreme court consists of five justices, one from each of five supreme court judicial dis- triets, elected at large for a term of six years. Each jus- tice of the supreme court must be a citizen of the United States; resident of the state two years, and the supreme court judicial district from which he is elected, one year; thirty years of age; and a licensed lawyer or a judge of a court of record.
This court has original jurisdiction and control over all inferior courts and all commissions and boards created by law; and appellate jurisdiction, co-extensive with the state, in all civil cases at law and in equity.
Supreme Court Clerk .- The clerk of the supreme court is an cleetive officer. The duties of the clerk are
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to keep the records of the supreme court and of the crimi- nal court of appeals.
Criminal Court of Appeals .- The criminal court of appeals is composed of three justices, elective, and has appellate jurisdiction, co-extensive with the state, in all criminal cases coming from county, superior, or district courts. Term of office six years.
District Court .- The district court is of vast im- portance because of its great authority and direct con- tact with the people. This court has original jurisdiction in all cases civil or criminal, except when exclusive juris- diction is, by the constitution or by law, conferred on some other court. It has extensive appellate jurisdiction also.
A district judge must be an experienced qualified law- yer and a resident of the state.
' (County courts, courts of justices of the peace, superior courts and municipal courts have been discussed in previous chapters.)
SUGGESTIVE QUESTIONS
How is the judicial power of the state vested ?
Name the various courts.
How may elective state officers and judges of the supreme court be removed from office ?
How many judges constitute the supreme court ? What are their qualifications? Tenure of office? What original jurisdiction has the supreme court? Appellate jurisdiction ?
What are the duties of the clerk of the supreme court ? . Of how many judges is the criminal court of appeals composed? What jurisdiction has this court? What is the term of office for judges of the criminal court of appeals ?
Why is the district court of so much importance! What original jurisdiction has this court? Appellate juris- diction ?
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CHAPTER XI.
Revenue and Taxation
Assessments .--- Assessments are made by a county assessor, and the property must be assessed at a fair cash value. Property is assessed to the person who owned it on the first day of March. In June, beginning on the first Monday, the county equalization is made by the county board, and later the state equalization board passes upon all property assessments.
Tax Limits .- Except as provided for schools and public buildings, the total tax that may be levied on an ad valorem basis for all purposes-state, county, town- ship, city or town, and school district taxes-shall not exceed, in any one year, thirty-one and one-half mills on the dollar. Additional levy for schools may be made as follows: state levy, not more than three and one-half mills; county levy, not more than eight mills; township levy, not more than five mills; city or town levy, not more than ten mills; school district levy. not more than five mills (or an additional ten mill increase for schools by a majority vote).
Valuations of property are finally adjusted by the state board of equalization, which consists of the gover- nor, state auditor, state treasurer, secretary of state, at- torney-general, inspector and examiner, and president of the board of agriculture.
Provisions are also made for the enactment of laws prescribing levy of license, franchise, gross revenue. excise, income, collateral and direct inheritance, legacy, succession, and other specific taxes.
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The limit of public indebtedness is fixed at an aggre- gate of four hundred thousand dollars, which, may be increased to repel invasion.
SUGGESTIVE QUESTIONS
By whom is property assessed? To whom is prop- erty assessed ? What boards review assessments ?
What is the tax limit? What additional levies may be made ?
What officers are members of the state board of equalization ?
What taxes, other than ad valorem taxes, may be levied ?
What is the limit of public indebtedness ?
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CHAPTER XII.
Suffrage and Elections
Public Officials .- Public officials are either elected to office by the voters or appointed to office by some offi- cial who has been elected. In the earlier periods of our national life, all officials, except the chief executive and members of the legislature, were appointed. This is still the rule in national government, but not in state govern- ments. In Oklahoma (except in cities which have adopted the commission form of government) the chief officials, executive, judicial, and legislative, are elected.
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