A history of the state of Oklahoma, Volume I, Part 56

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645

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" WHEREAS, First, pursuant to an enabling act passed by Congress, a constitutional conven- tion for Oklahoma and Indian Territory has as- sembled and adjourned, giving out the general information that it has adopted a constitution for the admission of said territories into the Union as one state, and from rumor it is stated that said constitutional convention has fixed the 6th day of August, 1907, as the day upon which a vote of the people will be had to ratify or reject such constitution."

Continuing, it was asserted that the election of officers for the new state had no official an- nouncement beyond rumor, and that it was im- possible to determine the exact provisions of the constitution.

"Fourth, it is rumored and generally under- stood, that the result of the action of said con- stitutional convention has by order of such con- rention been turned over to the custody of one William Murray, who has taken the same from the seat of government and the seat of such con- vention to his home in Tishomingo, and is now in his private custody.

"Fifth, in the enabling act assembling such convention it is by fair inference provided that the constitution adopted by such convention shall be filed with the secretary of Oklahoma Territory in a provision which requires him to deliver the original draft of such constitution to the state authorities when the same has been ratified by

proclamation of the governor should issue calling an election to vote on the constitu- tion. When the convention adjourned to another day, in April, President Murray retained the original constitution and re- fused to deliver it to the territorial secre- tary.8 This gave rise to numerous stories that went the rounds of the newspapers, and it was claimed that inasmuch as the constitution had never been officially filed, there was no constitution before the people for consideration and that the work of the convention was null and void.‘

a vote of the people and the state admitted into the Union; and said convention has adjourned to the 5th of August, 1907, without providing for the filing of such draft of the constitution with the secretary of Oklahoma or in any public archive where the same may be verified and its contents made public by the proclamation calling an election for its ratification, and there being now, during the adjournment of said convention, no power to file the same, except the will of its custodian, and the governor of Oklahoma is powerless to issue a proclamation setting forth the terms and tenor of said constitution, calling an election of the people to vote upon the adop- tion or rejection of the same without the filing of such constitution in the archives of the ter- ritory.

"Sixth, the withholding of the draft of the constitution from public inspection in the archives of the territory of Oklahoma or Indian Territory and placing the same in the exclusive possession of a member of the convention is substantially retaining the same in the possession of the con- vention for its further action if it so desires. Such an instrument is now a completed document submitted to the consideration of the people.

"Therefore, be it resolved: First, that there is no question or proposition pending before the public for their consideration and no offices pro- vided for to be filled by an election and a call cannot now be made for the nomination of officers whose office has not been provided for.

"Second, that the action of said convention in secretly withholding this draft of a constitution from public inspection is cowardly and violative of every principle of honest action in the interest of the public.'' The resolutions close with a recommendation that the Republican party take action to meet the peculiar conditions resulting from the alleged irregularities of the convention.

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One of the most serious attacks made on the work of the constitutional conven- tion was the injunction suit brought by Woods county against the constitutional convention. Under the provisions of the constitution, Woods county as it had existed under the territory was divided, and from its territory two new counties, Alfalfa and Major, were created. In the district court Woods county asked a re- straining order preventing this division of the county, holding that the convention had no right to form new counties. On May 13, 1907, Judge Pancoast, of the district court, granted this plea. The effect of the injunction was to upset the plans for state- hood during the six weeks following the granting of the injunction. It delayed the proclamation for an election to ratify the constitution, and added to the general con- fusion attending the issues involved. It created much uncertainty among the people of Oklahoma, and the nation as well, as

"One of the incidents connected with the mak- ing of the constitution was the writing of a letter by Mr. Murray to the president, in which he asks the opinion of the latter on the constitution as first formulated in the convention and requests an expression from the president which will serve to guide the convention in its revision of the constitution when the convention should re- assemble. This letter, dated June 26, began as follows: "In view of the numerous criticisms through the Republican press of the constitution for the proposed state of Oklahoma, and the claim that certain provisions must be eliminated as the price of statehood, I address you, " etc. Continuing Mr. Murray stated that the enabling act contained more restrictions on the constitu- tional convention than had ever been true of any previous convention engaged in similar labors, but, he said, notwithstanding the fact that the convention has accepted these restrictions in good faith, "the daily Republican press is filled with numerous criticisms to the effect that the legis- lative apportionment is an outrageous 'gerry- mander,' and that other unnamed provisions of the constitution are repugnant to your idea of statecraft and that their elimination is the price

to whether Oklahoma had a constitution at all, whether the work of the convention was valid or might have to be done all over again.

June 25, 1907, the injunction was dis- solved by the territorial supreme court, in a majority opinion delivered by Justice B. T. Hainer. The court held that the con- stitutional convention did not exceed its authority in subdividing the counties, and that the enabling act also delegated to the convention power to create state officers and provide for their election, including state, county, township, legislative, judicial and senatorial, and in providing election machinery for the unorganized counties.

The injunction order, having been dis- solved on June 25, a call was then issued for the convention to reassemble on July IO. After the convention reconvened it adopted forty-three amendments to the original draft of the constitution." A new election ordinance was provided, and on

of statehood. While we do not yield the point that a state, in the exercise of its police powers or in the adoption of its economic policies, is either expected or required to frame a constitu- tion to suit either the executive or legislative branch of the United States, yet in view of the fact that the uncertainties of statehood have wrought injuries to the business interests of this state . . and believing that you would not purposely further delay the blessing of self-government, I respectfully request and solicit from you an expression upon the constitu- tion. . . . Your expression of disapproval at this time would enable the convention to eliminate the objectionable provisions, if any .

As to the "gerrymander," Mr. Murray said: "The charge 'gerrymander' is easily made, but never in framing the legislative districts (which in a measure was a guess, because of the rapid growth and increase in population of the different sections of the territory) did the minority of the convention make a request upon us."

President Roosevelt's reply to this letter was brief, stating merely that the communication had been referred to the attorney general.

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July 22 a completed copy of the constitu- tion and the election ordinance was filed with the secretary of the territory in ac- cordance with the provisions of the en- abling act.

'Governor Frantz at 4 o'clock July 24, 1907, issued the election proclamation, which follows: To the Public, Greetings:

WHEREAS, pursuant to an act of Congress en- titled "An act to enable the people of Okla- homa and of Indian Territory to form a consti- tution 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, and hereinafter referred to as the enabling act, delegates were duly elected, and

WHEREAS, said delegates so elected did on the sec. nd Tuesday after their said election, meet at the city of Guthrie, the seat of government of said Oklahoma Territory, and organize as a con- vention, and

WHEREAS, after such organization said dele- gates, in convention assembled, did declare that they adopted the constitution of the United States on behalf of the people of the proposed state of Oklahoma, and

WHEREAS, said constitutional convention did, by ordinance irrevocable, accept the terms and conditions of said enabling act, and

WHEREAS, said convention did thereupon form a constitution and state government for said pro- posed state of Oklahoma, and

WHEREAS, in pursuance of a resolution of said convention, the said constitution of said proposed state of Oklahoma engrossed and enrolled upon parchment, signed by the officers of said con- vention and certain members thereof and attested by the secretary of the territory of Oklahoma under the great seal of said territory of Okla- homa, was on the 22d day of July, A. D. 1907, filed in the office of said secretary and is now on file in said office, and

WHEREAS, said convention did, after said con- stitution and state government for said proposed state of Oklahoma had been so formed as afore- said, provide by ordinance, as amended on the 15th day of July, A. D. 1907, entitled

"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 pro- posed state of Oklahoma the proposed prohibi- tion article making substantially the terms of

July 24, 1907, Governor Frantz issued his proclamation" calling an election on September 17 for the people of Oklahoma and Indian Territory to vote on the adop- tion of the constitution, on the adoption of

the enabling act uniformly applicable to the en- tire state for ratification or rejection, and for the election of certain state, district, county, and township officers provided for by said pro- posed constitution, and for election of members of the legislature of said proposed state of Okla- homa and five representatives to Congress,"

for submitting said proposed constitution to the people of said proposed state and for its ratifi- cation or rejection at an election to be held at a time fixed in said amended ordinance, to-wit, on the 17th day of September, A. D. 1907, at which election the qualified voters for said proposed state shall vote directly for or against said proposed constitution and for or against any provision sepa- rately submitted, and

WHEREAS, by said amended ordinance it is provided that, at said election, a separate pro- vision adopted by said convention, that is to say, a proposition as to whether or not the manufac- ture, sale, barter, giving away or otherwise fur- nishing intoxicating liquors shall be prohibited in said proposed state for a period of twenty-one years from the date of its admission into the union, and thereafter until the people of the state shall otherwise provide by amendment of said constitution and proper state legislation, the said proposition being: "Shall the provisions for state-wide prohibition be adopted!" and

WHEREAS, it is provided by said amended ordi- nance, that, at the time and place of said elec- tion for the ratification or rejection of said pro- posed constitution, there shall be held an election for officers for a full state government, including all of the elective state, district, county and town- ship officers, provided for by the provisions of said constitution, members of the legislature and five representatives to Congress, and

WHEREAS, said amended ordinance, certified by the president and secretary of said convention, was on the 22nd day of July, A. D. 1907, filed in the office of the secretary of said territory of Oklahoma and is now on file in said office, and

WHEREAS, section twenty-one (21) of said amended ordinance makes it the duty of the gov- ernor of the territory of Oklahoma to issue proc- lamation giving the public notice of the time and place of holding said election:

Now, therefore, I, Frank Frantz, governor of the territory of Oklahoma, by authority of said amended ordinance, do hereby make proclamation giving notice that the elections hereinbefore men-

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prohibition as a separate provision, and for the election of officers. The Republican and Democratic parties put full tickets in the field, and the Socialist party had a par- tial ticket. The vote as finally canvassed and certified to the president of the United States by the canvassing board on October 8 was as follows :

CONSTITUTION.

For

180,333

Against 73,059

PROHIBITION.

For

130,361

Against 112,258

GOVERNOR.

Democratic

134,162

Republican

106,507

Socialist

9,740

tioned and provided for will be held in each and all election and voting precincts in each and every county and district in and throughout the said proposed state of Oklahoma on Tuesday, the 17th day of September, A. D. 1907, at and between the hours of said day fixed by law, at which elec- tion the qualified electors for said proposed state of Oklahoma shall vote directly for or against the said proposed constitution, and for or against the separate provision, separately submitted as afore- said, and for any and all of the elective officers for a full state government, state, district, county and township, and members of the legislature and representatives to Congress hereinbefore men- tioned.

In witness whereof, I have hereunto set my hand and caused the great seal of the territory of Oklahoma to be affixed thereto, at the city of Guthrie, county of Logan, territory of Oklahoma, this 24th day of July, A. D. 1907.

(Seal) FRANK FRANTZ,

Governor of the Territory of Oklahoma. Attest :

CHAS. H. FILSON, Secretary of Oklahoma Territory.

" Following is the full text of the proclamation: . been certified to me, as required by said act, to-

"By the President of the United States of Amer- ica-A Proclamation :

"WHEREAS, the Congress of the United States did by an act approved on the 16th day of June, one thousand nine hundred and six, provide that the inhabitants of the territory of Oklahoma and of the Indian Territory might, under and upon the conditions prescribed in said act, adopt a con- stitution and become the state of Oklahoma, and

The results of the election of September 17th were certified to the president in October, and in the same month it was decided that the new state should be re- ceived into the union on November 16th following.

The ceremonies of statehood day began in Washington, in the cabinet room of the president. Little formality attended the act. A number of Oklahoma citizens, sev- eral senators from other states, and news- paper correspondents were in the room when, at 10:16 o'clock, Secretary Loeb threw open the double doors leading from the president's private office. The secre- tary had the proclamation' in his hand and laid it on the large square blotter at the

"WHEREAS, by the said act provision was duly made for the election of a constitutional conven- tion to form a constitution and state government for the said proposed state; and

"WHEREAS, it appears from the information laid before me that such convention was duly elected and such constitution and state govern- ment were thereby duly formed, and

"WHEREAS, by the said act the said conven- tion was further authorized and empowered to provide by ordinance for submitting the said constitution to the people of the said state for ratification or rejection, and likewise for the rati- fication or rejection of any provisions thereof to be by the said convention separately submitted, and

"WHEREAS, it has been certified to me, as re- quired by the said act, by the governor of the territory of Oklahoma and by the judge senior in service of the United States court of appeals in the Indian Territory that a majority of the legal votes cast at an election duly provided for by ordinance, as required by said act, have been cast for the adoption of said constitution, and

"WHEREAS, a copy of the said constitution has

gether with the articles, propositions and ordi- nances pertaining thereto, including a separate proposition for state-wide prohibition which has been certified to me as having been adopted by a majority of . the electors at the election afore- said, and

"WHEREAS, it appears from the information laid before me that the convention aforesaid after its organization and before the formation

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head of the table. The president entered, greeted those assembled, and took his seat at once. He was handed a long eagle quill pen8 and himself lifting the lid from the inkstand, dipped the pen and wrote his name in large letters, the pen making an audible scratch with each movement. When he had finished his signature the president picked up a small blotter, with which he blotted his name, and then, looking up, exclaimed, "Oklahoma is a state." The act of signing took just one minute, and the president then retired from the room, while the others hastened to communicate the news to the waiting crowds at the Oklahoma capital.

The scenes and incidents of this memora- ble day at Guthrie can best be described from the columns of the Oklahoma State Capitol:

"With solemn grandeur the youngest member of the Union was brought into being, at 9 o'clock yesterday morning, when the proclamation admitting Okla-

of the said constitution duly declared on behalf of the people of the said proposed state that they adopted the constitution of the United States, and "WHEREAS, it appears that the said constitu- tion and government of the proposed state of Oklahoma are republican in form and that the said constitution makes no distinction in civil or political rights on account of race or color, and is not repugnant to the constitution of the United States or to the principles of the declaration of independence, and that it contains all of the six provisions expressly required by section 3 of the said act to be therein contained; and

"WHEREAS, it further appears from the infor- mation laid before me that the convention above mentioned did by ordinance irrevocable accept the terms and conditions of the said act, as required by section 22 thereof, and that all the provisions of the said.act approved on the 16th day of June, one thousand nine hundred and six, have been duly complied with,

"Now, therefore, I, Theodore Roosevelt, presi- dent of the United States of America, do, in accordance with the provisions of the said act

homa and Indian Territory into the Union came hurtling over the wire from the na- tional capital. Three hours later the new state officers had been sworn in and the new regime was fairly launched on its voyage.

"The news of the signing of the consti- tution and issuing the presidential proc- lamation was received by a great demon- stration of enthusiasm. Bells rang, whistles blew and people took occasion to show the feeling that imbued the great crowd.

"The ceremony incident to administer- ing the oath to Governor-elect Charles N. Haskell and the remaining state officers was carried out at the Carnegie Library on a wooden platform constructed over the steps at the south entrance.

"For an hour before noon the street in front of the building was packed. Men, women and children stood patiently on the brick pavement waiting for the arrival of the governor's party. The steps, which are high above the sidewalk and street, were

of Congress of June 16, 1906, declare and an- nounce that the result of the said election, where- in the constitution formed as aforesaid was sub- mitted to the people of the proposed state of Oklahoma for ratification or rejection, was that the said constitution was ratified together with a provision for state-wide prohibition, separately submitted at the said election; and the state of Oklahoma is to be deemed admitted by Congress into the Union under and by virtue of the said act on an equal footing with the original states.

"In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 16th day of November in the year of our Lord one thousand nine hundred and seven, and of the independence of the United States of America the one hundred and thirty-second.

"THEODORE ROOSEVELT.

"By the president: ELIHU ROOT, secretary of state."

' Taken from a large eagle killed in Oklahoma. Both the pen and the mounted eagle are now property of the Oklahoma Historical Society.

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decorated with flags and on the platform rested two huge bouquets of chrysanthe- mums.

"Mr. Haskell and escort and the other members of the administration to be reached the library a few minutes before twelve. They were escorted in the side entrance on the west. The crowd saw them come and let out a noisy welcome.

"When Mr. Haskell appeared through the big doors on the platform a great shout went up from the thousand of throats below him. Coming from the darkened in- terior of the building the sunlight for a moment dazzled the governor-elect. He quickly lowered his head and as he blinked his eyes to shut out the sudden light he smiled at the moving mass of faces that stretched for a block below him. He bowed right and left, apparently delighted with the reception. After a few moments he stepped back into the crowd and Judge Frank Dale, chairman of the executive committee of the inaugural celebration, walked to the front of the stage.

"In a few words he introduced Charles Filson, secretary of the territory of Okla- homa, who read the presidential proclama- tion. The crowd received the formal an- nouncement of the creation of the state with the utmost good will.

"When the applause had died down Judge Dale introduced C. G. Jones, of Oklahoma City, who, he explained, would propose marriage on behalf of Oklahoma to Miss Indian Territory.

"The 'bridegroom,' not one whit abashed, took his place in the center of the plat- form and began his abbreviated wooing with a knowing nod in the direction of the spectators.

"'I have been asked,' he said, 'to per- form the agreeable duty of proposing the

marriage of Oklahoma to the Indian Ter- ritory. Permit me to say that nothing gives me greater pleasure, as the President ad- vises us in his proclamation that the mar- riage will be strictly legal, without regard to age, condition or previous servitude. The bridegroom is only eighteen years old, but is capable of assuming all the matrimonial responsibilities of a stalwart youth. Though he was born in trouble, in tribulation, in the city of Washington in 1889, his life of eighteen years on the plains has been one of tremendous activity, and he has grown to the size of a giant. Like every well- regulated masculine individual he has grown tired of being alone, though he was fairly capable of taking care of himself. Strange to say, on account of his youth and inexperience, he is possessed of an un- conquerable modesty and he has asked me to propose marriage with the Indian Territory.

"'Out of sympathy for the young bach- elor, I now propose to the Indian Terri- tory, who I am assured is matrimonially inclined, that the proposal be accepted, and that the union be consummated here and now. It should be understood, however, that nothing should be said about the age of the bride. It is a case when youth and age are to be blended together in har- monious union, and that under the consti- tution and laws of divorce can ever be granted. This is not exactly a case of love at first sight. A lady by the name of Sequoyah at one time interfered with the courtship and at first tried to break up the match. But having failed to do so, and tired of the loneliness of single blessedness, she gracefully surrendered to the inevitable and has ever since been in favor of the marriage.

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A history of the state of Oklahoma, Volume I, Part 56

Author: Hill, L. B. (Luther B.) Publication date: 1908 Publisher: Chicago : Lewis Pubishing Company Number of Pages: 645

Author: Hill, L. B. (Luther B.)
Publication date: 1908
Publisher: Chicago : Lewis Pubishing Company
Number of Pages: 645