USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 64
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people to place on the ballot by petition any non- partisan candidate.
SEC. 6. In all elections by the people the vote shall be by ballot and the legislature shall provide the kind of ticket or ballot to be used and make such other regulations as may be necessary to de- tect and punish fraud, and preserve the purity of the ballot; and may, when necessary, provide a law for the registration of electors throughout the state or in any incorporated city or town thereof, and, when it is so provided, no person shall vote at an election unless he shall have registered ac- cording to law.
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SEC. 7. The election shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suf- frage, and electors shall, in all cases, except for treason, felony, and breach of the peace, be privi- leged from arrest during their attendance on elections and while going to and from the same.
ARTICLE IV. Distribution of Powers.
SECTION 1. The powers of the government of the State of Oklahoma shall be divided into three separate departments: the Legislative, Executive, and Judicial; and except as provided in this Con- stitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.
ARTICLE V. Legislative Department.
SECTION 1. The legislative authority of the state shall be vested in a legislature, consisting of a senate and a house of representatives; but the people reserve to themselves the power to propose laws and amendments to the constitution and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option, to approve or reject at the polls any act of the legislature.
SEC. 2. The first power reserved by the people is the initiative, and eight per centum of the legal voters shall have the right to propose any legislative measure, and fifteen per centum of the legal voters shall have the right to propose amendments to the constitution by petition, and every such petition shall include the full text of the measure so proposed. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by petition signed by five per centum of the legal voters or by the legislature as other bills are en- acted. The ratio and per centum of legal voters hereinbefore stated shall be based upon the total
number of votes cast at the last general election for the state office receiving the highest number of votes at such election.
Src. 3. Referendum petitions shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the legislature which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures voted on by the people. All elections on measures re- ferred to the people of the State shall be had at the next election held throughout the state, except when the legislature or the Governor shall order & special election for the express purpose of making such reference. Any measure referred to the people by the initiative shall take effect and be in force when it shall have been approved by a majority of the votes cast in such election. Any measure referred to the people by the referendum shall take effect and be in force when it shall have been approved by a majority of the votes cast thereon and not otherwise.
The style of all bills shall be: "Be it Enacted By the People of the State of Oklahoma."
Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of the State and addressed to the Governor of the state, who shall submit the same to the people. The legislature shall make suitable provisions for carrying into effect the provisions of this article.
SEC. 4. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legislature in the same manner in which such power may be exercised against a complete act. The filing of a referen- dum petition against one or more items, sections, or parts of an act shall not delay the remainder of such act from becoming operative.
SEC. 5. The powers of the initiative and refer- endum reserved to the people by this constitution for the state at large, are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district govern- ment in and for their respective counties and dis- tricts.
The manner of exercising said powers shall be prescribed by general laws, except that the Boards of County Commissioners may provide for the time of exercising the initiative and referendum powers as to local legislation in their respective counties and districts.
The requisite number of petitioners for the in- vocation of the initiative and referendum in coun- ties and districts shall bear twice, or double, the ratio to the whole number of legal voters in such county or district, as herein provided therefor in the state at large.
SEC. 6. Any measure rejected by the people,
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through the powers of the initiative and referen- dum, cannot be again proposed by the initiative within three years thereafter by less than twenty- five (25) per centum of the legal voters.
SEC. 7. The reservation of the powers of the initiative and referendum in this article shall not deprive the legislature of the right to repeal any law, propose or pass any measure, which may be consistent with the Constitution of the state and the Constitution of the United States.
SEC. 8. Laws shall be provided to prevent cor- ruption in making, procuring, and submitting ini- tiative and referendum petitions.
SEC. 9. The senate, except as hereinafter pro- vided, shall consist of not more than forty-four members, whose term of office shall be four years: Provided, That one senator elected at the first election from each even numbered district shall hold office until the fifteenth day succeeding the regular state election in Nineteen Hundred and Eight, and one elected from each odd numbered district at said first election shall hold office until the fifteenth day succeeding the day of the regu- lar state election in Nineteen Hundred and Ten: And, Provided Further, That in districts electing two senators, the two elected at the first election shall cast lots in such manner as the legislature may prescribe to determine which shall hold the long and which the short term.
SEC. 9. (a) At the time each senatorial appor- tionment is made after the year Nineteen Hun- dred and Ten the state shall be divided into forty-four districts, to be called senatorial dis- tricts, each of which shall elect one senator; and the Senate shall always be composed of forty- four senators, except that in event any county shall be entitled to three or more senators at the time of any apportionment such additional sen- ator or senators shall be given such county in addition to the forty-four senators and the whole number to that extent. Said districts shall be numbered from One to Forty-four inclusive, and each of said districts shall contain as near as may be an equal number of inhabitants, such popula- tion to be ascertained by the next preceding Fed- eral census, or in such manner as the legislature may direct, and shall be in as compact form as practicable and shall remain unaltered until the next decennial period, and shall at all times consist of contiguous territory.
SEC. 9. (b) No county shall ever be divided in the formation of a Senatorial District except to make two or more senatorial districts wholly in such county. No town, and no ward in a city, when constituting only one voting precinct, shall be divided in the formation of a senatorial dis- trict, nor shall any senatorial district contain a greater excess in population over an adjoining district in the same county than the population of
a town, or ward in a city, constituting only one voting precinct therein, adjoining such district. Towns, and wards in cities, constituting only one voting precinct, which may, from their location, be included in either of two senatorial districts, shall be so placed as to make such districts most nearly equal in number of inhabitants.
SEC. 10. The house of representatives, until otherwise provided by law shall consist of not more than one hundred and nine members who shall hold office for two years: Provided, That the representatives elected at the first election shall hold office until the fifteenth day succeeding the day of the regular state election in Nineteen Hun- dred and Eight: And, Provided, That the day on which state elections shall be held shall be fixed by the legislature.
(a) The first legislature shall meet at the seat of government upon proclamation of the Gov- ernor on the day named in said proclamation, which shall not be more than thirty days nor less than fifteen days after the admission of the state into the union.
(b) The apportionment of this state for mem- bers of the legislature shall be made at the first session of the legislature after each decennial Federal census.
(c) The whole population of the state as as- certained by the Federal census, or in such man ner as the legislature may direct, shall be divided by the number one hundred and the quotient shall be the ratio of representation in the House of Representatives for the next ten years suc- ceeding such apportionment.
(d) Every county having a population equal to one-half of said ratio shall be entitled to one representative; every county containing said ratio and three-fourths over shall be entitled to two representatives, and so on, requiring after the first two an entire ratio for each additional representa- tive: PROVIDED, That no county shall ever take part in the election of more than seven repre- sentatives.
(e) When any county shall have a fraction above the ratio so large that being multiplied by five the result will be equal to one or more ratios, additional representatives shall be appor- tioned for such ratio among the several sessions of the decennial period. If there are two ratios, representatives shall be allotted to the fourth and third sessions, respectively; if three, the third, second and first sessions, respectively; if four, to the fourth, third, second, and first sessions, respectively.
(f) Any county forming with another county or counties a representative district during one decennial period, if it has acquired sufficient popu- lation, at a fixed decennial period, shall be en- titled to an additional representative, if there
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shall be left in the district from which it shall have been separated a population sufficient for a representative. No such change shall be made ex- cept at the regular decennial period for the ap- portionment of representatives.
(g) If in fixing any decennial ratio, a county previously a separate representative district shall have less than the number required by the ratio for a representative, such county shall be attached to a county adjoining it and become a part of such representative district.
(h) No county shall ever be divided in the formation of representative districts except to make two or more representative districts in such county. No town, or ward in a city, where it constitutes only one voting precinct, shall be di- vided in the formation of representative districts, nor shall any representative district contain a greater excess in population over an adjoining district in the same county than the population of a town or ward in a city, constituting only one voting precinct adjoining such district. Counties, town or wards in cities, constituting only one vot- ing precinct, which, from location may be in- cluded in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants.
(i) Ascertaining the ratio of representation according to the Federal census, or such other enumeration as the legislature may provide, and attaching any county, previously having a sepa- rate representative but found to have less than the number required by the ratio, to an adjoining county; and determining the number of repre- sentatives each county or district shall be en- titled to, and for what sessions of the legislature within the next decennial period; and apportion- ing the senators, shall be done by the legislature and be presented to the Governor for his approval in the same manner as other bills which may be passed by the legislature.
(j) An apportionment by the legislature shall be subject to review by the Supreme Court at the suit of any citizen, under such rules and regulations as the legislature may prescribe. And such court shall give all cases involving appor- tionment precedence over all other cases and pro- ceedings; and if said court be not in session, it shall convene promptly for the disposal of the same.
SEC. 11. Until the apportionment is made by the legislature after the next federal decen- nial census, the state, except as otherwise provid- ed, shall be divided into thirty-three senatorial districts, each of which shall be composed of the .counties as named, shall be numbered and elect senators as follows, namely:
First, Beaver, Cimarron, Harper, and Texas, one senator; Second, Beckham, Dewey, Ellis, and
Roger Mills, two senators; Third, Woods and Woodward, one senator; Fourth, Greer, one sena- tor; Fifth, Jackson and Tillman, one senator; Sixth, Custer, Kiowa, and Washita, two senators; Seventh, Alfalfa and Major, one senator; Eighth, Garfield, one senator; Ninth, Osage, Grant, and . Kay, two senators; Tenth, Noble and Pawnee, one senator; Eleventh, Creek and Payne, one senator; Twelfth, Logan, one senator; Thirteenth, Lincoln and Pottawatomie, two senators; Fourteenth, Canadian and Oklahoma, two senators; Fifteenth, Caddo and Grady, two senators; Sixteenth, Blaine and Kingfisher, one senator; Seventeenth, Coman- che, Jefferson, and Stephens, two senators; Eight- eenth, Carter, Love, and Murray, two senators; Nineteenth, Cleveland, Garvin, and McClain, two senators; Twentieth, Atoka, Bryan, and Coal, two senators; Twenty-first, Latimer and Le Flore, one senator; Twenty-second, Hughes and Okfuskee, one senator; Twenty-third, Pontotoc and Seminole, one senator; Twenty-fourth, Choctaw, McCurtain, and Pushmataha, one senator; Twenty-fifth, Pitts- burg, one senator; Twenty-sixth, Marshall and Johnston, one senator; Twenty-seventh, Haskell, McIntosh, and Muskogee, two senators; Twenty- eighth, Adair and Sequoyah, one senator; Twenty- ninth, Mayes and Craig, one senator; Thirtieth, Ottawa, Delaware, and Cherokee, one senator; Thirty-first, Tulsa and Washington, one senator; Thirty-second, Okmulgee and Wagoner, one sen- ator; Thirty-third, Nowata and Rogers, one sen- ator.
SEC. 12. The following counties shall each elect one member to the House of Representatives: Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine, Canadian, Cherokee, Choctaw, Cimarron, Cleve- land, Coal, Comanche, Craig, Creek, Custer, Dela- ware, Dewey, Ellis, Grant, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kingfisher, Latimer, Le Flore, Love, Major, Marshall, Mayes, Murray, McClain, McCurtain, McIntosh, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pontotoc, Pushmataha, Rogers, Roger Mills, Seminole, Sequoyah, Stephens, Teras, Tillman, Tulsa, Wagoner, Washington, Washita, Woods, and Woodward.
SEC. 13. The following counties shall elect two members of the house of representatives: Bryan, Caddo, Carter, Garvin, Grady, Kay, Kiowa, Mus- kogee, and Pittsburg.
(a) Garfield, one to be elected from each of the following districts: District One, the city of Enid, Enid Township, and the townships of North Enid, Banner, and Garland. District Two, all that part of Garfield county not contained in Dis- trict One.
(b) Greer, one to be elected from each of the following districts: District One, all that part of Greer county lying east of the line between ranges
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twenty-three and twenty-four. District Two, all that part of Greer county not contained in Dis- trict One.
(c.) Lincoln, one to be elected from each of the following districts: District One, the town- ships of Pawnee, Ponca, North Fox, South Fox, North Keokuk, South Keokuk, North Creek, South Creek, North Seminole, South Seminole, North Choctaw, and South Choctaw, with all towns and cities contained therein. District Two, all that part of Lincoln county not contained in District One.
SEC. 14. The following counties shall elect three members each: Pottawatomie and Logan.
Pottawatomie shall elect three members at large. Logan, with three members pro rated as follows: District One shall be composed of the townships of Marshall, Bismark, Orlando, Oak View, Rose Hill, Mulhall, Crescent, Woodland, Lowrie, Cedar, Iron Mound, Spring Creek, Antelope, and North Cimarron, and all towns and villages therein. Dis- trict Two shall consist of all that part of the city of Guthrie described as follows: That part of the first ward lying north of Harrison Avenue, the second ward, the third ward, the fourth ward, and all of the fifth ward except that part lying south of Cleveland Avenue and east of Fourteenth street. District Three shall consist of all that part of Logan county not included in Districts One and Two.
SEC. 15. Oklahoma County shall have represen- tatives to be elected as follows: to-wit: One from the county at large. The other three to be pro rated as follows: District One, Oklahoma City, and the townships of Oklahoma and Greely, with all towns and cities contained therein, two mem- bers. District Two, all that part of Oklahoma County not contained in District One, one mem- ber.
SEC. 16. (a.) The following pairs of counties shall compose additional legislative districts and each district shall elect one member to the House of Representatives: Johnston and Coal; Bryan and Atoka; Pontotoc and Seminole; Muskogee and Haskell; Pittsburg and Hughes; Comanche and Stephens; Washita and Custer; Pottawatomie and Lincoln; Sequoyah and Le Flore; Alfalfa and Grant; Craig and Rogers; Garfield and King- fisher; Payne and Pawnee; Creek and Tulsa.
(b.) The following trio of counties shall con- stitute one Legislative District with one member: Caddo, Canadian, and Cleveland.
SEC. 17. Members of the Senate shall be at least twenty-five years of age, and members of the House of Representatives twenty-one years of age at the time of their election. They shall be qualified electors in their respective counties or districts and shall reside in their respective counties or districts during their term of office.
SEC. 18. No person shall serve as a member of the Legislature who is, at the time of such ser- vice, an officer of the United States for State Government, or is receiving compensation as such; nor shall any person be eligible to election to the Legislature, who has been adjudged guilty of a felony.
SEC. 19. A member of the Legislature expelled for corruption shall not thereafter be eligible to membership in either House. Punishment for contempt or disorderly conduct, or for any other cause, shall not bar an indictment for the same offense. .
SEC. 20. The Governor shall issue writs of election to fill such vacancies as may occur in the Legislature.
SEC. 21. Members of the Legislature shall re- ceive six dollars per diem for their services during the session of the Legislature, and ten cents per mile for every mile of necessary travel in going to and returning from the place of meeting of the Legislature, on the most usual route, and shall receive no other compensation: Provided, That members of the Legislature, except during the first session thereof held under this Constitution, shall receive only two dollars per diem for their services after sixty days of such session have elapsed.
SEC. 22. Senators and Representatives shall, except for treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, and, for any speech or debate in either House shall not be questioned in any other place.
SEC. 23. . No member of the Legislature shall, during the term for which he was elected, be ap- pointed or elected to any office or commission in the State, which shall have been created, or the emoluments of which shall have been increased, during his term of office, nor shall any member receive any appointment from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected, nor shall any member, during the term for which he shall have been elected, or within two years thereafter, be interested, directly or in- directly, in any contract with the State, or any county or other subdivision thereof, authorized by law passed during the term for which he shall have been elected.
SEC. 24. A member of the Legislature, who has a personal or private interest in any measure or bill, proposed or pending before the Legisla- ture, shall disclose the fact to the House of which he is a member, and shall not vote thereon.
SEC. 25. The first session of the Legislature, held by virtue of this Constitution, shall not ex- ceed one hundred and sixty days.
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SEC. 26. The members of the Legislature shall meet at the seat of government on the first Tues- day after the first Monday in January at twelve o'clock, noon, in the year next succeeding their election, or upon such other day as may be pro- vided by law.
SEC. 27. The Legislature shall hold regular bi- enniel sessions as herein provided, but this shall not prevent the calling of a special session of the Legislature by the Governor.
SEC. 28. The Senate shall, at the beginning of each regular session and at such other times as may be necessary, elect one of its members Presi- dent pro tempore, who shall preside over its delib- erations in the absence or place of the Lieutenant Governor; and the senate shall provide for all its standing committees and, by a majority vote, elect the members thereof.
SEC. 29. The House of Representatives, shall at the beginning of each regular session, and at such other times as may be necessary, elect one of its members Speaker.
SEC. 30. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall con- stitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalty as each House may provide.
Each House may determine the rules of its pro- ceedings, punish its members for disorderly be- havior, and, with the concurrence of two-thirds, expel a member.
Each House shall keep a journal of its pro- ceedings, and from time to time publish the same. The yeas and nays of the members of either House on any question at the desire of one-fif- teenth of those present shall be entered upon its journal.
Neither House, during the session of the Legis- lature, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
SEC. 31. In all elections made by the Legisla- ture, except for officers and employees thereof, the members thereof shall vote yea or nay, and each vote shall be entered upon the journal.
SEC. 32. No special or local law shall be con- sidered by the Legislature until notice of the in- tended introduction of such bill or bills shall first have been published for four consecutive weeks in some weekly newspaper published or of general circulation in the city or county affected by such law, stating in substance the contents thereof, and verified proof of such publication filed with the Secretary of State.
SEC. 33. All bills for raising revenue shall
originate in the House of Representatives. The Senate may propose amendments to revenue bills. No revenue bill shall be passed during the last five days of the session.
SEC. 34. Every bill shall be read on three dif- ferent days in each House, and no bill shall be- come a law unless, on its final passage, it be read at length, and no law shall be passed unless upon a vote of a majority of all the members elected to each House in favor of such law; and the question, upon final passage, shall be taken upon its last reading, and the yeas and nays shall be entered upon the journal.
SEC. 35. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, immediately after the same shall have been publicly read at length, and the fact of reading and signing shall be entered upon the journal, but the reading at length may be dispensed with by a two-thirds vote of a quorum present, which vote, by yeas and nays, shall also be entered upon the journal.
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