USA > Oklahoma > A history of Oklahoma > Part 9
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Joint District .- A joint district is one formed from country lying in two or more counties. Officers of a joint district are the same as those of a common school district
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GOVERNMENT IN OKLAHOMA.
unless the joint district is formed by a city of the first class, in which case of course the school organization would conform to that in other city school districts.
Independent District .- A school in an independent district is under the supervision of its own superintend- ent rather than the county superintendent, as in common school districts.
Each city or town maintaining a four-years high school is an independent school district.
Officers of independent school districts, after the city election of 1915, shall consist of one board member from each ward and one from outlying territory, elected at large, for terms of two years each. In cities whose popu- lation exceeds fifty thousand there shall be two members elected from each ward and two from outlying territory. Independent districts elect their own treasurers, but the county treasurer is custodian of the funds of other school districts. Except the treasurer, who is elected by the voters at large, all the officers of an independent district are elected by the board of education. By a three-fourths vote, the board of education may elect a superintendent for a term not to exceed three years.
Treasurers may not deposit the funds of the district in any bank that will not pay at least three per cent. interest on average daily balances.
Boards organize at the regular meeting in May, elect superintendent and teachers after the first Monday in May, and meet regularly on the first Monday in each month.
School Taxes .- In common school districts the school board makes an estimate, annually. Taking this esti- mate as a basis the county excise board levies a tax, not to exceed five mills on the dollar valuation, for the sup- port of the schools. This rate of taxation may be in-
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LOCAL GOVERNMENT.
creased, not to exceed ten mills on the dollar valuation, by a majority vote of the qualified voters of the district.
School Term .- The school term must be not less than three months. The law provides that this term may be - fixed at a longer period.
Every child between the ages of eight and sixteen years must attend school for a period not less than sixty- six per cent of the whole term of school taught in the district.
Injury to School Property .- The law provides a pen- alty, not less than ten dollars nor more than fifty dollars, for each and every willful injury to school property in any school district.
Separate Schools .- Separate schools are maintained for white and colored children in all districts in our state, and the educational advantages provided are required by law to be equal. No white child may attend a colored school, and no colored child may attend a school for white children. Colored, as used in Oklahoma law, signifies per- sons of African descent.
SUGGESTIVE QUESTIONS
What are common school districts? Consolidated school districts? City or independent school districts ? How are revenues for schools derived ?
When are annual school meetings held? Who may vote at these meetings ?
How may two or more districts be united ? Under what conditions will the state pay for part of the cost of constructing a school-house in consolidated school dis- tricts ?
How many school officers in a common school dis- triet ? In a city or independent school district? How and when elected in each case ?
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GOVERNMENT IN OKLAHOMA.
CHAPTER IV.
Townships
In all states, except in the far west and in the south, each county is subdivided. The subdivisions are called towns or townships-towns in New England but town- ships in the Middle West. In Oklahoma they are termed townships and in turn are subdivided into road districts.
Congressional Townships .- A congressional township is not a division of local government. It has no officials, or political powers. The congressional township was ere- ated by Congress, soon after the Revolutionary War, when the western lands (west of the Allegheny Moun- tains) were to be surveyed. These lands were to be opened to settlement, but before this could be done some method had to be selected by which to fix and describe boundaries. The plan selected is illustrated on the following page.
Explanation of Plan .- First, a line, marked AB, was established rønning north and south. This line was called a principal meridian. Next, another line, marked CD in the plan, was established running east and west at right angles to the principal meridian. This was called the base line. North and south lines, called range lines, were run six miles apart on each side of the principal meridian. East and west lines. called township lines, were run six miles apart on each side of the base line. In this way all the land was divided into congressional townships cach six miles square.
The numbers on the principal meridian (AB) indi- cate the township lines, while those on the base line (CD) indicate the range lines. The location of a township is indicated by the position of its range and township lines.
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LOCAL GOVERNMENT.
NORTH A
10
-
9
8
7
6
5
4
3
2.
WEST C
109876543211234567890DEAST
@ 1
2
--
3
4
5
8
7
G
9
10
B SOUTH
Thus the township marked O is Township + South, Range 6 West. This means that it is a township 18 miles south of the base line and 30 miles west of the principal merid- ian. The township marked X is Township 5 North, Range 6 East.
Each township is divided into thirty-six parts called sections; cach section contains one square mile, or 640 acres. Each section is divided into four parts of 160 acres each, called quarter sections. Sections are numbered from one to thirty-six as indicated in the plan on the following page.
Explanation of Plan .- The quarter section marked O in plan is the north-east quarter of section thirteen. The one-fourth of a quarter section, or forty aeres, marked X
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GOVERNMENT IN OKLAHOMA.
NORTH
6
5
4
3
2
I
7
8
9
10
11
12
0
18
17
16
15
14
1/3
WEST
EAST
19
20
21
22
23
24
30
29
28
27
26
25
37
32
33
34
35
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SOUTH
in plan, is the south-east quarter of the north-west quarter of section twenty.
*Municipal Townships. -- Municipal townships are units of local government. The chief powers of a town- ship are vested in a township board consisting of three members (trustee, clerk and treasurer).
The trustee is chairman of the township board; the clerk keeps the records of the district, and the treasurer controls the township funds. These men seldom meet more than four times during the year, and as a rule only
*Counties may, by popular vote, abolish township government.
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LOCAL GOVERNMENT.
for a short session. A justice of the peace has jurisdiction, coextensive with the county, in examining and committing felony cases, and in civil action where the amount involved does not exceed $200.00. The justice of the peace never has jurisdiction in cases of libel or slander. The office of constable in the township is similar to that of sheriff in the county. He serves writs, and enforces the decisions of the justice of the peace. Counties are divided into six or more justice of the peace districts. A justice of the peace and a constable are elected for each district.
The township is subdivided into road districts. For each road district a road overseer is elected. This officer has the care of public roads.
SUGGESTIVE QUESTIONS
How many municipal townships in your county ?
Name them. What is the average size of these town- ships ?
State the difference between a municipal township and a congressional township. How may township govern- ment be abolished ?
Give the township, range and section numbers of the quarter section on which your home is located. Of the forty acres on which the school-house is located.
Name the officials of a municipal township and state the chief duties of each.
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GOVERNMENT IN OKLAHOMA.
CHAPTER V.
Towns and Cities.
There are no villages recognized in Oklahoma govern- ment. Densely populated communities are incorporated as towns and cities; those of fewer than two thousand inhabitants are called towns, and those of two thousand or more than two thousand inhabitants, when properly organ. ized, are called cities of the first class.
Towns .- No special population is required for the incorporation of towns. After the first preliminary steps in organization, the town is recognized by the county com- missioners to be a legal municipality.
The town is divided into at least three, but not more than seven, districts or wards. Each district elects one trustee, and these trustees elect one of their own number as president. The president of the board of trustees thus becomes the chief executive of the town. The board of trustees constitutes the town's legislative assembly.
The other principal officers of the town are clerk, treasurer, marshal, and justice of the peace. Eleetions are held on the first Tuesday in April of each year.
The powers of the initiative and the referendum are reserved to the people of each town.
Cities .- A center of population containing two thou- sand or more inhabitants, when properly organized, is declared by the governor to be a city.
Cities are divided into at least four wards for gov- ernmental purposes. These wards serve as election pre- einets and as the basis of representation in the city council. Each ward is entitled to two councilmen, cach elected for
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LOCAL GOVERNMENT.
a term of two years, one councilman from each ward at each annual election.
The city council has power to change the boundaries of wards.
The Mayor .- The chief executive officer of a city is called the mayor. The mayor has power to suspend other .city officials for incompetency or neglect of duty, until such time as the council may take action thereon; to appoint commissioners of park, water, sewers and light, city physician, police (except chief of police), and such other officers as are needed. He is the presiding officer of the city council and exercises the right of veto over its enactments. He is vested with the judicial authority to decide all cases of petty offenses against the peace and dignity of the municipality. With the consent of the council, he may grant reprieves and pardons for offenses against city ordinances. His salary, which is fixed by ordinance, is generally small, and in many cities through- out the state no compensation whatever is provided.
City Clerk .- The city clerk keeps the records of the proceedings of the council and of all moneys disbursed from the city funds. He must sign all orders to pay money out of the city treasury. He also collects dog taxes, occu- pation taxes, and other special taxes created by ordinance.
City Treasurer .- All funds belonging to the munici- pality are under the control of the treasurer. General taxes are collected by the county treasurer and paid over to the city treasurer, through whose office they are dis- bursed.
City Attorney .-- The city attorney, in regard to the legality of aets in the discharge of their official duties. is the legal adviser of all city officials. It is his duty to bring action in courts in the name of the city when neces- sary; to defend all lawsuits against the city, and to prose- cute offenders tried in the police court.
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GOVERNMENT IN OKLAHOMA.
City Marshal .- The city marshal is usually called chief of police. He has general oversight of the peace of the city, and he is subject to the orders of the mayor only.
Street Commissioner. -- The street commissioner has charge of the sidewalks and streets of the city. He has general supervision of all thoroughfares within the city limits and attends to all repairs and improvements thereon.
City Council .- The chief legislative authority of a city is vested in its council. In case of a tie the mayor has a right to vote.
The city council has power to levy taxes, audit ac- counts against the city, impose license taxes, erect public buildings, and direct or control public utilities. The pub- lic utilities most commonly under the control of the city are water, light and electric plants, street railways, pub- lic parks, drains and sewers. A city may, however, engage in any business or enterprise which may be engaged in by a private person, firm or corporation.
Justice of the Peace .- In cities of more than twenty- five hundred inhabitants, two justices of the peace are elected. Justices of the peace, however, are elected at the county elections instead of at the city elections. Their jurisdiction is coextensive with the county boundaries instead of with the city boundaries. Cities of less than twenty-five hundred population elect one justice of the peace. In larger cities, additional justices of the peace may be elected.
Constable .--- One constable is elected for each justice of the peace chosen. His duties, in the main, are to enforce the orders of the justice court and to preserve the peace of the district.
Initiative and Referendum .- Through the initiative, the voters of a city have power to enact or enforce the enactment of ordinances. By the referendum the voters
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LOCAL GOVERNMENT.
have power to reject ordinances passed by the council. Petitions for initiative or referendum in cities must con- tain the signatures of twenty-five per cent. of the total number of voters in the city.
·
Commission Form of Government .- The form of gov- ernment already described is called the aldermanic form of government. Cities containing two thousand or more inhabitants may adopt the commission form of govern- ment as follows: First, a committee of freeholders (men who own real estate) is elected to draw up a charter for the city; second, this charter is submitted to a vote of the people; third, after adoption by a majority vote of the people, the charter is submitted to the governor for his approval; and fourth, after the governor approves the charter one copy is filed with the secretary of state, one with the register of deeds of the county in which the city is located, and another in the archives of the city.
Commission government abolishes all ward represen- tation and substitutes a commission or committee of men (usually three or five in number) to direct the affairs of the city. "The members of this commission are paid regular salaries and devote their entire time to the city's interests.
Many cities in Oklahoma have adopted (1913) the commission form of government.
Under this form of government the commissioners are elected, but all subordinates are appointed by the heads of departments. The number of officers to be elected (commissioners, etc.) and the departments of city government to be established depend of course upon the provisions of the adopted charter.
Amendments to a city charter are usually offered by a petition signed by twenty-five per cent. of the voters
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GOVERNMENT IN OKLAHOMA.
and confirmed by a majority vote. However, the methods of proposing and adopting amendments vary in different cities.
SUGGESTIVE QUESTIONS
How many wards in a town?
Name the principal officers of a town.
When are annual town elections held ?
How many wards in a city of the first class ?
What are the duties of the mayor? City elerk ? City treasurer ? City attorney? City marshal ? Street com- missioner ?
How many councilmen elected from each ward ?
Name the chief powers of the city council.
What are the duties of the justice of the peace ? Con- stable ?
How and for what purposes may the initiative and referendum be used in cities ?
What is meant by commission form of government ?
Under the commission form of government what offi- cers are elected ? What officers are appointed ?
Under commission form of government, how are city charters usually amended ?
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LOCAL GOVERNMENT.
CHAPTER VI.
Counties
States are divided into counties* for convenience in local government. Counties in the same state are usually about the same size, but vary greatly in different states both as to area and population.
Oklahoma has 77 counties, and the state has a popu- lation (1910) of 1,657,155. The area is 70,470 square miles. . In other words, the land area of an average county in Oklahoma is a little less than a thousand square miles. The population of an average Oklahoma county is approxi- mately twenty thousand.
These counties, except Harmon and Cotton counties which were organized later, are designated and described in Article XVII of the state constitution. The city in which the county officials have their offices is called the county seat.
The principal officers of the county in Oklahoma are county judge, sheriff, attorney, county clerk, treasurer, (register of deeds), surveyor, assessor, superintendent of public instruction, weigher, board of commissioners (three members), and clerk of the district court.
County Judge .-- The judge of the county court must be a qualified voter, a resident of the county, and a li- censed lawyer. He is provided with a clerk whom he appoints. This court has original jurisdiction (cases brought to his court if he by law has original jurisdiction) in all probate matters and concurrent jurisdiction with the district court in civil cases in any amount not exceed-
*Counties exist in every state except Louisiana, where districts and parishes - prevail.
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GOVERNMENT IN OKLAHOMA.
ing one thousand dollars, exclusive of interest. The county judge also holds juvenile court. The county court has no jurisdiction in cases of action for alimony or di- vorce, slander or libel, or against any officer for miscon- duct in office.
Sheriff .- The sheriff is purely an executive officer. His duties are to arrest criminals, have charge of juries, witnesses and prisoners, and to attend court and serve writs of county, district, and justice courts.
Attorney .- The county attorney is the legal adviser . of all county officials, and represents the county in all lawsuits to which the county is a party. He prosecutes criminal cases (in the name of the state) which arise within his county.
Clerk,-The county clerk must attend sessions of the board of county commissioners; keep the seal, records and papers of the board; sign and attest their records of proceedings and their orders. He is bookkeeper for the county, and draws county warrants on the county treas- urer for all money paid by the county. After January 1, 1915, the county clerk will also perform the duties of register of deeds.
Treasurer .- The county treasurer collects all taxes, receives all money due the county, and pays out money for the county when properly authorized to do so.
Register of Deeds,-The register of deeds keeps a record of all deeds, mortgages, leases, and in fact of everything that in any way pertains to real estate titles or chattel mortgages. Ile also records charters of cities. etc. This office will be abolished January 1, 1915.
Surveyor .- The duties of the county surveyor are to survey public improvements, such as plans for roads; also townsites, etc., within his county.
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LOCAL GOVERNMENT.
Ile receives only a small salary from the county. As his full time is not required by the county his other remuneration comes from private employment.
Assessor .- The assessor makes or supervises all assess- ments of property in the county and receives a salary depending upon the total assessed valuation of the county.
Superintendent of Public Instruction .- The county superintendent has general supervision of all public school instruction in his county except in city or independent school districts.
HIe visits the schools of his county and supervises them; apportions school funds; has charge of county teachers' institutes; and keeps all the necessary records of the schools of the county. He decides disputes as to boundary lines of districts; is a member of the county excise board, and general adviser of school boards and teachers.
Weigher .- This office was created by the legislature in order to standardize weights and protect the farmers from possible fraud in selling cotton, grain, etc. The compensation of the county weigher is from fees.
Board of Commissioners .- There are three county commissioners constituting the board which has super- vision of roads, bridges, buildings, and other county property. All bills against the county must be allowed by the board of commissioners before being audited by the county clerk or paid by the county treasurer. A county commissioner is elected from each of the three commis- sioners' districts.
Clerk of the District Court .- The clerk of the dis- triet court is elected by the voters of the county. It is his duty to keep all records of the district court within
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GOVERNMENT IN OKLAHOMA.
his county ; to serve under the district judge during each term of district court held in his county; and, when the court is not in session, to make such records as are re- quired by law.
County Excise Board .- The county excise board is composed of the county clerk, county treasurer, county judge, county school superintendent, and county attorney.
This board meets at the county seat on the last Sat- urday in July of each year for the purpose of examining the estimates of expenses of the county and of each city, incorporated town, township and school district in the county. The excise board has power to revise and correct any estimates where the amount is in excess of just and reasonable need. Levies made by this board are certified to the county assessor who extends them upon the tax rolls.
County Health Officer .- The state commissioner of health appoints a physician in cach county to inspect cases of contagious and infectious diseases and establish quarantines when necessary.
Eleemosynary Institutions .-- In Oklahoma each county provides a county farm as a home for the poor and de- pendent, or in lieu thereof gives financial assistance. Assistance is issued by the county commissioners, for the care of such persons as are, by reason of age, infirmity, or misfortune, unable to earn a living.
Compensation .- All elective county officers, unless otherwise specified in the text, have fixed salaries. Pro- visions were at first, in most cases, made for fees, but the salary schedule was established for reasons of economy.
Term of Officers .- County officials are elected for a term of two years.
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LOCAL, GOVERNMENT.
SUGGESTIVE QUESTIONS
Ilow many counties in Oklahoma ?
Give the average area and population of counties in Oklahoma. What is the area and population of the county in which you live ?
What is the county seat of your county ?
Name the county officials in your county and give the chief duties of each.
How does your county care for the poor?
When does the county clerk assume the duties of the county register of decds?
For how long a term are county officers elected ?
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PART THREE
STATE GOVERNMENT
CHAPTER VII.
Oklahoma Constitution
Constitutional Convention. -- The delegates to the state constitutional convention, elected under the pro- visions of the Enabling Act (an Act of the national con- gress by which two territories, Indian Territory and Okla- homa Territory were permitted to form one state), met at Guthrie November 20, 1906. The convention, though not in session continuously, did not finally adjourn until July 16, 1907.
Great Length of the Constitution .-- Because of the peculiar relations of the two territories united in single statehood, much material which otherwise would not have been provided was inserted, making this constitution one of the longest documents of its kind ever submitted. However, the very nature of the document itself called for many particulars and therefore included much detail. These features, of course, have made it a document of great length.
Contents of the Oklahoma Constitution .-- The con- stitution of Oklahoma consists of twenty-four articles, a "Schedule," a prohibitory provision (submitted as a sepa- rate issue), and a resolution accepting the Enabling Aet. Some of these articles are necessarily complete in detail and therefore are of great length. This is especially true
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GOVERNMENT IN OKLAHOMA.
of the article on corporations and the. one on prohibi- tion. The several articles in their order are as follows:
I .- Federal relations; II .- Bill of rights; III .- Suf- frage; IV .- Distribution of powers; V .- Legislative de- partment; VI .- Executive department; VII .- Judicial department; VIII .- Impeachment and removal from of- fice; IX .- Corporations; X .- Revenue and taxation; XI. -State and school lands; XII .- Homesteads and ex- emptions; XIII .- Education; XIV .- Banks and banking; XV .- Oath of office; XVI .- Public roads, highways, and internal improvements; XVII .- Counties; XVIII .- Mu- nicipal corporations; XIX .- Insurance; XX .- Manufac- ture and commerce; XXI .- Public institutions; XXII .- Alien and corporate ownership of lands; XXIII .- Miscel- laneous; XXIV .- Constitutional amendments.
Federal Relations .- The constitution provides that Oklahoma is an inseparable part of the federal state and recognizes the constitution of the United States as the supreme law.
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