USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 66
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SEC. 31. A Board of Agriculture is hereby cre- ated, to be composed of eleven members, all of whom shall be farmers, and shall be selected in the manner prescribed by law.
Said board shall be maintained as a part of the state government and shall have jurisdiction over all matters affecting animal industry and animal quarantine regulations, and shall be the board of regents of all state agricultural and mechanical colleges, and shall discharge such other duties and receive such compensation as may be provided by law.
SEC. 32. The Governor, Secretary of State, State Auditor, Superintendent of Public Instruc-
tion, and the President of the Board of Agri- culture, shall constitute the Commissioners of the Land Office, who shall have charge of the sale, rental, disposal, and managing of the school lands, and other public lands of the State, and of the funds and proceeds derived therefrom, under rules and regulations prescribed by the Legislature.
SEC. 33. An account shall be kept by the offi- cers and commissioners of the State of all moneys and choses in action disbursed or otherwise dis- posed of severally by them, from all sources, and for every service performed: and a report thereof shall be made semi-annually and as often as may be required by law, to the Governor under oath. The Governor may, at any time, require informa- tion in writing, under oath, from all officers and commissioners of the State, and all officers of State institutions, penal, eleemosynary, education- al, and industrial, on any subject relating to their respective offices and institutions; which informa- tion, when so required, shall be furnished by such officers and managers; and any officer or manager who, at any time, shall make a false re- port, shall be punished as by law provided.
SEC. 34. Each of the officers in this article named shall, at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use, any fees, costs, or perquisites of office or other compensation.
SEC. 35. 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 Cherokee Nation, namely: A seven pointed star partially surrounded by a wreath of oak leaves. The ray directed upward shall con- tain the symbol of the ancient seal of the Chicka. saw 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 tomahawk, 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 cen- tral star and grouped between its rays shall be forty-five small stars, divided into 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
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. whole device shall be inscribed, GREAT SEAL OF THE STATE OF OKLAHOMA 1907.
ARTICLE VII. Judicial Department.
SECTION 1. The judicial power of this state shall be vested in the senate, sitting as a court of im- peachment, a supreme court, district courts, 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.
SEC. 2. The appellate jurisdiction of the su- preme court shall be co-extensive with the state, and shall extend to all civil cases at law and in equity, and to all criminal cases until a criminal court of appeals with exclusive appellate juris- diction in criminal cases shall be established by law. The original jurisdiction of the supreme court shall extend to a general superintending control over all inferior courts and all commis- sions and boards created by law. The supreme court shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, pro- hibition, and such other remedial writs as may be provided by law, and to hear and determine the same; and the supreme court may exercise such other and further jurisdiction as may be conferred upon it by law. Each of the justices shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or before the supreme court, or before any district court, or judge thereof, in the state.
SEC. 3. The supreme court shall consist of five justices until the number shall be changed by law. The state shall be divided into five supreme court judicial districts until the legislature shall change the number of members of the court, at which time the legislature shall redistrict the state to conform to the number of justices of the su- preme court. From each of said districts candi- dates for justices of the supreme court shall be nominated by political parties, or by petitioners of the respective district, in the manner provided by law, and such candidates shall be voted for by the qualified voters of the state at large, and no elector at such election shall vote for more than one candidate from each district. The candidate from each district receiving the highest number of votes cast in the state at said election shall be declared the justice elect in said district. A majority of the members of the supreme .court shall constitute a quorum, and the concurrence of the majority of said court shall be necessary to decide any question. No person shall be eligible to the office of justice of the supreme court un
less he shall be at the time of his election a citizen of the United States and shall have been a resident of the territory embraced within the state for a period of two years, and of the ter- ritory comprising the district from which he is elected for a period of one year; and unless he shall have attained the age of thirty years and shall have been a lawyer licensed by some court of record, or shall have been a judge of some court of record, or such judge or lawyer together at least five years.
The terms of office of the Justices of the Su- preme Court shall be six years, except as herein provided. Each member of such court shall be a conservator of the peace throughout the state; and in case of a vacancy in the membership of said court, the Governor shall, by appointment from the district, fill such vacancy until the next general election for state officers, and at such general election the vacancy for the unexpired term shall be filled by election by the qualified voters of the state.
SEC. 4. The term of office of the Justices of the Supreme Court shall commence on the second Monday of January following their election: Pro- vided, however, That the term of office of the justices elected at the first election under this constitution shall commence upon the admission of the state into the union, and shall continue as hereinafter provided. Those appointed or elected to fill vacancies shall enter upon the dis- charge of their duties as soon as they qualify.
SEC. 5. The sessions of the supreme court shall be held at the seat of government, and the ses- sions and duration thereof shall be fixed by rule of said court, until fixed by the legislature; but the first term of the supreme court shall be held within ninety days after the admission of the state. The Supreme Court shall render a writ- ten opinion in each case within six months after said case shall have been submitted for decision.
SEC. 6. At the first session of the Supreme Court the justices thereof shall elect one of their number Chief Justice, who shall serve as Chief Justice, until the expiration of his term of office; thereafter the Chief Justice shall be elected in the manner provided by law. Of the justices elected at the first election, the term of two of them shall expire at the close of the day next preceding the second Monday in January, nine- teen hundred and nine; and the term of two of the others shall expire at the close of the day next preceding the second Monday in January, nineteen hundred and eleven; and the term of the other justice shall expire at the close of the day next preceding the second Monday in January, nineteen hundred and thirteen. The supreme court shall, by order duly entered in its minutes,
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provide means of determining by lot the expira- tion of the terms of each of the justices as here- inbefore provided, and shall determine in accord- ance therewith, and enter in the minutes of the court its order showing, the duration of the term of such justices. After the first election Justices of the Supreme Court shall be elected at the general biennial election next preceding the beginning of their respective terms.
SEC. 7. There shall be elected by the . qualified electors of the state at each election for governor, a clerk of the supreme court, who shall be at least twenty-five years of age and a qualified elector of the state, and whose term shall be the same as that of the Governor, and he shall give bond for faithful performance of his duty as may be prescribed by law.
SEC. 8. The appellate and the original jurisdio. tion . of the Supreme Court shall be invoked in the manner now prescribed by the laws of the Territory of Oklahoma until the legislature shall otherwise provide.
SEC. 9. Until otherwise provided by law, the state shall be divided into twenty-one judicial districts, and the qualified electors in each of the said districts shall elect a judge of the District Court as provided herein, except in the Thirteenth Judicial District, two judges shall be elected. Such judge shall be a citizen of the United States, and shall have been a resident of the territory embraced within the state for two years and of the territory comprising his district at least one year, prior to his election; and he shall have been a lawyer licensed by some court of record, or shall have been a judge of some court of record, or both such lawyer and judge, for four years next preceding his election and shall reside in his district during his term of office. The term of office of district judge shall be four years, and at the time of his election he shall have reached the age of twenty-five years. Regular terms of the district court shall be held in each organized county of this state at least twice in each year. The time of convening the district court in each county in this state, until the legislature shall otherwise provide and the duration of the term shall be fixed by the supreme court of the state. The term of the district judges elected at the first election shall expire on the last day next preceding the second Monday in January, nineteen hundred and eleven, and the judges of the district court thereafter shall be elected at the general election next preceding the commencement of their terms of office.
In case of the illness of the judge elected in any district, or if for any other cause he shall be unable to preside in the district in which he was elected, the chief justice may designate any
district judge in the state to hold any term of court in said district in lieu of the judge elected to hold the courts of said district. Whenever the public business shall require it, the chief jus- tice may appoint any district judge of the state to hold court in any district, and two or more district judges may sit in any district separately at the same time. In the event any judge shall be dis- qualified for any reason from trying any case in his district, the parties to such case may agree upon a judge pro tempore to try the same, and, if such parties cannot agree, at the request of either party, a judge pro tempore may be elected by the members of the bar of the district, pres- ent at such term. If no election for judge pro tempore shall be had, the chief justice of the state shall designate some other district judge to try such cases.
SEC. 10. The District Courts shall have original jurisdiction in all cases, civil and criminal, ex- cept where exclusive jurisdiction is by this con- stitution, or by law, conferred on some other court, and such appellate jurisdiction as may be provided in this constitution, or by law. The district courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and other writs, remedial or otherwise, necessary or proper to carry into effect their orders, judg- ments, or decrees. The district courts shall also have the power of naturalization in accordance with the laws of the United States.
SEC. 11. There is hereby established in each county in this state a county court, which shall be a court of record; and, at the election to ratify this constitution, there shall be elected in each county a county judge, who shall hold his office until the close of the day next preceding the sec- ond Monday in January, nineteen hundred and eleven; and thereafter the term of office of the county judge shall be two years, and he shall be elected at each biennial general election. The county judge shall be a qualified voter and a resident of the county at the time of his elec- tion, and a lawyer licensed to practice in the courts of record of the state. The County Judge shall be judge of the County Court.
SEC. 12. The county court, co-extensive with the county, shall have original jurisdiction in all pro- bate matters, and until otherwise provided by law, shall have concurrent jurisdiction with the district court in civil cases in any amount not exceeding one thousand dollars, exclusive of in- terest: Provided, That the county court shall not have jurisdiction in any action for malicious prose- cution, or in any action for divorce or alimony, or in any action against officers for misconduct in office, or in actions for slander or libel, or in
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actions for the specific performance of contracts for the sale of real estate, or in any. matter wherein the titles or boundaries of land may be in dispute or called in question; nor to order or decree the partition or sale of real estate, not arising under its probate jurisdiction.
It shall have such appellate jurisdiction of the judgments of justices of the peace in civil and criminal cases as may be provided by law, or in this constitution. The county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction. In the absence of the judge of the district court from the county, or in case of his disqualification for any reason, the county court, or judge thereof, shall have power to issue writs of injunction in matters about to be brought or pending in the district court; and to issue writs of injunction, mandamus and all writs necessary to enforce the jurisdiction of the county courts; and issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the county court of any other court or tribunal inferior to said court.
When the county judge is disqualified in any case pending in the county court, a judge pro tempore may be selected in the manner provided for the selection of judges pro tempore in the district court.
SEC. 13. The County Court shall have the gen- eral jurisdiction of a Probate Court. It shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and com- mon drunkards; grant letters testamentary and of administration, settle accounts of executors, ad- ministrators, and guardians; transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the sale, settle- ment, partition, and distribution of the estates thereof. The County Court shall be held at the county seat, but the Legislature may provide for holding sessions of the County Court at not more than two additional places in the county: Pro- vided, That alternate sessions of County Court in LeFlore County shall be held at Talihina.
SEC. 14. Until otherwise provided by law, the county court shall have jurisdiction of all cases on appeals from judgments of the justices of the peace in civil and criminal cases; and in all cases, civil and criminal, appealed from justices of the peace to such county court, there shall be a trial de novo on questions of both law and fact.
SEC. 15. Appeals and proceedings in error shall be taken from the judgments of county courts direct to the Supreme Court, in all cases appealed from justices of the peace, and in all criminal cases of which the County Court is vested with
jurisdiction, and in all civil cases originally brought in the County Court, in the same man- ner and by like proceedings as appeals are taken to the Supreme Court from the judgments of the District Court.
SEc. 16. Until otherwise provided by law, in all cases arising under the probate jurisdiction of the county court, appeals may be taken from the judgment of the county court to the district court of the county in the same manner as is now pro- vided by the laws of the territory of Oklahoma for appeals from the probate court to the dis- triet court, and in all cases appeals from the county court to the district court, the cause shall be tried de novo in the district court upon ques- tions of both law and fact.
SEC. 17. County courts shall also have and ex- ercise the jurisdiction of examining and commit- ting magistrates in all criminal cases.
SEC. 18. The office of justice of the peace is hereby created, and, until otherwise provided by law, courts of justice of the peace shall have, co- extensive with the county, jurisdiction as examin- ing and committing magistrates in all felony cases, and shall have jurisdiction, concurrent with the county court, in civil cases where the amount involved does not exceed two hundred dollars, ex- clusive of interest and costs, and concurrent juris- diction with the county court in all misdemeanor cases in which the punishment does not exceed a fine of $200 or imprisonment in the county jail for not exceeding thirty days, or both such fine and imprisonment; but justices of the peace shall in no event have jurisdiction in actions for libel and slander. Until otherwise provided by law, appeals shall be allowed from judgments of the court of justices of the peace in all civil and criminal cases to the county court in the manner now provided by the laws of the Territory of Oklahoma governing appeals from the courts of justices of the peace to the district court. In cities of more than two thousand and five hun- dred inhabitants, two justices of the peace shall be elected.
SEC. 19. All judges of courts of this state, and justices of the peace, shall by virtue of their office, be conservators of the peace throughout the state.
The style of all writs and processes shall be "The State of Oklahoma." All prosecutions shall be carried on in the name and by the authority of the State of Oklahoma. All indictments, infor- mations and complaints shall conclude, "Against the peace and dignity of the state."
SEC. 20. In all issues of fact, joined in any court, all parties may waive the right to have the same determined by jury; in which case the find- ing of the judge, upon the facts, shall have the force and effect of a verdict by jury.
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SEC. 21. In all jury trials, the jury shall return a general verdict, and no law in force, nor any law hereafter enacted, shall require the court to direct the jury to make findings on particular questions of fact; but the court may, in its dis- cretion, direct such special findings.
SEC. 22. The state is hereby divided into five Supreme Court judicial districts, numbered re- spectively, one to five, inclusive, and is sub-di- vided into twenty-one district court judicial dis- tricts, numbered, respectively, one to twenty-one, inclusive; and all such judicial districts shall be and remain until changed as provided in this con- stitution.
SEC. 23. Of the supreme court judicial districts, No. 1 shall embrace the 1st, 2d, 3d, and 4th dis- trict court judicial districts; No. 2 shall embrace the 5th, 6th, 7th, and 8th district court judicial districts; No. 3 shall embrace the 9th, 10th, 11th, 12th, and 21st district court judicial districts; No. 4 shall embrace the 13th, 14th, 15th, and 16th district court judicial districts, and No. 5 shall embrace the 17th, 18th, 19th, and 20th district court judicial districts.
SEC. 24. Of the district court judicial districts, number One shall comprise the counties of Adair, Cherokee, Delaware, and Sequoyah; number Two, the counties of Craig, Mayes, Nowata, Ottawa, Rogers, and Washington; number Three, the counties of Muskogee and Wagoner; number Four, the counties of McIntosh and Pittsburg; number Five, the counties of Haskell, Latimer, LeFlore, and Pushmataha; number Six, the counties of Bryan, Choctaw, Marshall, and McCurtain; num- ber Seven, the counties of Atoka, Coal, Johnston, Pontotoc, and Seminole; number Eight, the coun- ties of Carter and Love; number Nine, the coun- ties of Hughes, Creek, Okfuskee, and Okmulgee; number Ten, the counties of Lincoln and Potta- watomie; number Eleven, the counties of King- fisher and Logan; number Twelve, the counties of Grant, Kay, and Noble; number Thirteen, the counties of Canadian and Oklahoma, with two judges; number Fourteen, the counties of Cleve- land, Garvin, McClain, and Murray; number Fif- teen, the counties of Caddo, Grady, Jefferson, and Stephens; number Sixteen, the counties of Comanche, Jackson, and Tillman; number Seven- teen, the counties of Blaine, Custer, Kiowa, and Washita; number Eighteen, the counties of Beck. ham, Dewey, Ellis, Greer, and Roger Mills; number Nineteen, the counties of Beaver, Cimarron, Har- per, Texas, Woods, and Woodward; number Twen- ty, the counties of Alfalfa, Garfield, and Major; number Twenty-one, the counties of Osage, Payne, Pawnee, and Tulsa.
SEC. 25. The terms of district court shall be held at the county seats of the respective counties.
ARTICLE VIII.
Impeachment and Removal from Office.
SECTION 1. The Governor and other elective State officers, including the justices of the Su- preme Court, shall be liable and subject to im- peachment for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office.
SEC. 2. All elective officers not liable to im- peachment shall be subject to removal from office in such manner and for such causes as may be provided by law.
SEC. 3. When sitting as a court of impeach- ment, the Senate shall be presided over by the Chief Justice, or if he is absent or disqualified, then one of the Associate Justices of the Supreme Court, to be selected by it, except in cases where all the members of said court are absent or dis- qualified, or in cases of impeachment of any Justice of the Supreme Court, then the Senate shall elect one of its own members as a presiding officer for such purpose. The House of Repre- sentatives shall present all impeachments.
SEC. 4. When the Senate is sitting as a court of Impeachment, the Senators shall be on oath, or affirmation, impartially to try the party im- peached, and no person shall be convicted without the concurrence of two-thirds of the Senators present.
SEC. 5. Judgment of impeachment shall not ex- tend beyond removal from office, but this shall not prevent punishment of any such officer on charges growing out of the same matter by the courts of the State.
SEC. 6. The Legislature shall pass such laws as are necessary for carrying into effect the pro- visions of this article.
ARTICLE IX. Corporations.
SECTION 1. As used in this article, the term "corporation" or "company" shall include all asso- ciations and joint stock companies having any power or privileges, not possessed by individuals, and exclude all municipal corporations and public institutions owned or controlled by the state; the term "charter" shall mean the charter of incorpo- ration, by or under which any corporation is formed. The term "license" shall mean the an- thority under which all foreign corporations are permitted to transact business in this state.
SEC. 2. Every railroad, oil pipe, car, express, telephone or telegraph corporation or association organized or authorized to do a transportation or transmission business under the laws of this state for such purpose, shall, each respectively,
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