USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 69
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96
Digitized by Google
441
HISTORY OF THE STATE OF OKLAHOMA
taxation, to all ex-Union and ex-Confederate sol- diers, bona fide residents of this State, and to all widows of ex-Union and ex-Confederate soldiers, who are heads of families and bona fide residents of this States, personal property not exceeding two hundred dollars in value.
All property owned by the Murrow Indian Or- phan Home, located in Coal County, and all prop- erty owned by the Whittaker Orphan Home, lo- cated in Mayes County, so long as the same shall be used exclusively as free homes or schools for orphan children, and for poor and indigent per- sons, and all fraternal orphan homes, and other orphan homes, together with all their charitable funds, shall be exempt from taxation, and such property as may be exempt by reason of treaty stipulation, existing between the Indians and the United States government, or by Federal laws, during the force and effect of such treaties or Federal laws. The Legislature may authorize any incorporated city or town, by a majority vote of its electors voting thereon, to exempt manufac- turing establishments and public utilities from municipal taxation, for a period not exceeding five years, as an inducement to their location.
SEC. 7. The Legislature may authorize county and municipal corporations to levy and collect assessments for local improvements upon property benefited thereby, homesteads included, without re- gard to a cash valuation.
SEC. 8. All property which may be taxed ad- valorem shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale; and any officer, or other person authorized to assess values, or subjects, for taxation, who shall commit any willful error in the performance of his duty, shall be deemed guilty of malfeasance, and upon conviction thereof shall forfeit his office, and be otherwise punished as may be provided by law.
SEC. 9. Except as herein otherwise provided, the total taxes on an advalorem basis for all purposes, state, county, township, city, or town and school district taxes, shall not exceed in any one year, thirty-one and one-half mills on the dollar, to be divided as follows:
State levy, not more than three and one-half mills; county levy, not more than eight mills: Provided, That any county may levy not exceed- ing two mills additional for county high school and aid to the common schools of the county, not over one mill of which shall be for such high school, and the aid to said common schools shall be apportioned as provided by law; township levy, not more than five mills; city or town levy, not more than ten mills; school district levy, not more than five mills on the dollar for school district purposes, for support of common schools: Pro- vided, That the aforesaid annual rate for school
purposes may be increased by any school district by an amount not to exceed ten mills on the dollar valuation, on condition that a majority of the voters thereof voting at an election, vote for said increase.
SEC. 10. For the purpose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited, may be increased, when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and a majority of the qualified voters of such county, city, or school district, voting at such election, shall vote there for: Provided, That such increase shall not exceed five mills on the dollar of the assessed value of the taxable property in such county, city, or school district.
SEC. 11. The receiving, directly or indirectly, by any officer of the State, or of any county, city or town, or member or officer of the Legislature, of any interest, profit, or perquisites, arising from the use or loan of public funds in his hands, or moneys to be raised through his agency for State, city, town, district, or county purposes shall be deemed a felony. Said offense shall be punished as may be prescribed by law, a part of which punishment shall be disqualification to hold office.
SEC. 12. The Legislature shall have power to provide for the levy and collection of license, franchise, gross revenne, excise, income, collateral and direct inheritance, legacy, and succession taxes; also graduated income taxes, graduated col- lateral and direct inheritance taxes, graduated legacy and succession taxes; also stamp, registra tion, production or other specific taxes.
SEO. 13. The State may select its subjects of taxation, and levy and collect its revenues inde- pendent of the counties, cities, or other municipal subdivisions.
SEC. 14. Taxes shall be levied and collected by general laws, and for public purposes only, except that taxes may be levied when necessary to carry into effect Section thirty-one of the Bill of Rights. Except as required by the Enabling Act, the State shall not assume the debt of any county, municipal corporation, or political subdivisions of the State, unless such debt shall have been contracted to defend itself in time of war, to repel invasion, or to suppress insurrection.
SEC. 15. The credit of the State shall not be given, pledged, or loaned to any individual, com- pany, corporation, or association, municipality, or political subdivision of the State; nor shall the State become an owner or stockholder in nor make donation by gift, subscription to stock, by tax, or otherwise, to any company, association, or corpora tion.
SEC. 16. All laws authorizing the borrowing of money by and on behalf of the State, county, or
Digitized by Google
442
HISTORY OF THE STATE OF OKLAHOMA
other political subdivision of the State, shall spec- ify the purpose for which the money is to be used, and the money so borrowed shall be used for no other purpose.
Szo. 17. The Legislature shall not authorize any county or subdivision thereof, city, town, or incorporated district, to become a stockholder in any company, association, or corporation, or to obtain or appropriate money for, or levy any tax for, or to loan its credit to any corporation, association, or individual.
Src. 18. The Legislature may authorize the levy and collection of a poll tax on all electors of this State, under sixty years of age, not exceeding two dollars per capita, per annum, and may provide a penalty for the non-payment thereof.
.
SEC. 19. Every act enacted by the Legislature, and every ordinance and resolution passed by any county, city, town, or municipal board or local legislative body, levying a tax, shall specify dis- tinctly the purpose for which said tax is levied, and no tax levied and collected for one purpose shall ever be devoted to another purpose.
Szo. 20. The Legislature shall not impose taxes for the purpose of any county, city, town, or other municipal corporation, but may, by general laws, confer on the proper authorities thereof, respec- tively, the power to assess and collect such taxes.
SEC. 21. There shall be a State Board of Equal- ization consisting of the Governor, State Auditor, State Treasurer, Secretary of State, Attorney Gen- eral, State Inspector and Examiner, and President of the Board of Agriculture. The duty of said Board shall be to adjust and equalize the valua- tion of real and personal property of the several counties in the State, and it shall perform such other duties as may be prescribed by law, and they assess all railroad and public service corpora- tion property.
SEC. 22. Nothing in this Constitution shall be held, or construed, to prevent the classification of property for purposes of taxation; and the valua- tion of different classes by different means or methods.
SEc. 23. The State may, to meet casual deficits or failure in revenue or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not, at any time, exceed four hundred thousand dol- lars, and the moneys arising from the loans cre- ating such debts shall be applied to the purpose for which they were obtained or to repay the debts so contracted, and to no other purpose what- ever.
SEc. 24. In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection or to defend the State in war; but the money arising from the contracting of such debts shall be applied to the
purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
Szc. 25. Except the debts specified in sections twenty-three and twenty-four of this article, no debts shall be hereafter contracted by or on behalf of this State, unless such debt shall be authorized by law for some work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within twenty-five years from the time of the contracting thereof. No such law shall take effect until it shall, at a gen- eral election, have been submitted to the people and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either House of the Legis- lature, the question shall be taken by yeas and nays, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people!"
Szc. 26. No county, city, town, township, school district, or other political corporation, or subdi- vision of the State, shall be allowed to become indebted, in any manner, or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year without the assent of three-fifths of the voters thereof, voting at an election, to be held for that purpose, nor in cases requiring such assent, shall any indebtedness be allowed to be incurred to an amount including existing indebtedness, in the aggregate exceeding five per centum of the valuation of the taxable property therein, to be ascertained from the last assessment for State and county purposes previous to the incurring of such indebtedness: Provided, That any county, city, town, township, school dis- trict, or other political corporation, or subdivision of the State, incurring any indebtedness, requir- ing the assent of the voters as aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty-five years from the time of contracting the same.
Sro. 27. Any incorporated city or town in this State may, by a majority of the qualified property tax paying voters of such city or town, voting at an election to be held for that purpose, be allowed to become indebted in a larger amount than that specified in section twenty-six, for the purpose of purchasing or constructing public utilities, or for repairing the same, to be owned exclusively by such city: Provided, That any such city or town incurring any such indebtedness requiring the assent of the voters as aforesaid, shall have the power to provide for, and, before or at the time
Digitized by Google
443
HISTORY OF THE STATE OF OKLAHOMA
of incurring such indebtedness, shall provide for the collection of an annual tax in addition to the other taxes provided for by this Constitution, suf- ficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty-five years from the time of contracting the same.
Szo. 28. Counties, townships, school districts, cities and towns shall levy sufficient additional revenue to create a sinking fund to be used, first, for the payment of interest coupons as they fall due; second, for the payment of bonds as they fall due; third, for the payment of such parts of judgments as such municipality may, by law, be required to pay.
SEC. 29. No bond or evidence of indebtedness of this State shall be valid unless the same shall have endorsed thereon a certificate, signed by the Auditor and Attorney General of the State, show- ing that the bond or evidence of debt is issued pursuant to law and is within the debt limit. No bond or evidence of debt of any county, or bond of any township or any other political subdivision of any county, shall be valid unless the same have endorsed thereon a certificate signed by the County Clerk, or other officer authorized by law to sign such certificate, and the County Attorney of the county, stating that said bond, or evidence of debt, is issued pursuant to law, and that said issue is within the debt limit.
Szc. 30. The Legislature shall require all money collected by taxation, or by fees, fines, and public charges of every kind, to be accounted for by a system of accounting that shall be uniform for each class of accounts, State and local, which shall be prescribed and audited by authority of the State.
ARTICLE XI. State and School Lands.
. SECTION 1. The State hereby accepts all grants of land and donations of money made by the United States under the provisions of the enabling act and any other acts of congress for the uses and purposes and upon the conditions, and under the limitations for which the same are granted or donated. And the faith of the State is hereby pledged to preserve such lands and moneys derived from the sale of any 'of said lands as a sacred trust, and to keep the same for the uses and pur- poses for which they were donated.
Szc. 2. All proceeds of the sale of public lands that have heretofore been or may be hereafter given by the United States for the use and benefit of the common schools of this State, all such per centum as may be granted by the United States on the sales of public lands, the sum of five mil- lion dollars appropriated to the State for the use
and benefit of the common schools in lieu of sec- tions sixteen and thirty-six, and other lands of the Indian Territory, the proceeds of all property, that shall fall to the State by escheat, the pro- ceeds of all gifts or donations to the State for common schools not otherwise appropriated by the terms of the gifts, and such other appropriations, gifts or donations as shall be made by the legisla- ture for the benefit of the common schools, shall constitute the permanent school fund, the income from which shall be used for the maintenance of the common schools in the State. The principal shall be deemed a trust fund held by the State, and shall forever remain inviolate. It may be increased, but shall never be diminished. The State shall reimburse said permanent school fund for all losses thereof which may in any manner occur, and no portion of said fund shall be di- verted for any other use or purpose.
SEO. 3. The interest and income of the perma- nent school fund, the net income from the leasing of public lands which have been or may be granted by the United States to the State for the use and benefit of the common schools, together with any revenues derived from taxes authorized to be levied for such purposes, and any other sums which may be added thereto by law, shall be used and applied each year for the benefit of the common schools of the State, and shall be, for this purpose, apportioned among and between all the several common school districts of the State in proportion to the school population of the several districts, and no part of the fund shall ever be diverted, from' this purpose, or used for any other purpose than the support and maintenance of public schools for the equal benefit of all the people of the State.
Szc. 4. All public lands set apart to the State by congress for charitable, penal, educational and public building purposes, and all lands taken in lieu thereof, may be sold by the State, under such rules and regulations as the legislature may pre- scribe, in conformity with the regulations of the enabling act.
SEO. 5. Section thirteen in every portion of the State, which has been granted to the State, shall be preserved for the use and benefit of the Uni- versity of Oklahoma and the University Prepara- tory School, one-third; of the normal schools now established, or hereafter to be established, one- third; and of the Agricultural and Mechanical College and Colored Agricultural and Normal Uni- versity, one-third. The said lands or the proceeds thereof as above apportioned to be divided be- tween the institutions as the legislature may pre- scribe: Provided, That the said lands so reserved, or the proceeds of the sale thereof, or of any indemnity lands granted in lieu of section thirteen shall be safely kept or invested and preserved by the State as a trust, which shall never be dimin-
Digitized by Google
444
HISTORY OF THE STATE OF OKLAHOMA
ished, but may be added to, and the income thereof, interest, rentals, or otherwise, only shall be used exclusively for the benefit of said educa- tional institutions. Such educational institutions shall remain under the exclusive control of the State and no part of the proceeds arising from the sale or disposal of any lands granted for edu- cational purposes, or the income or rentals thereof, shall be used for the support of any religious or sectarian school, college, or university, and no portion of the funds arising from the sale of sec- tions thirteen or any indemnity lands selected in lieu thereof, either principal or interest, shall ever be diverted, either temporarily or permanently, from the purpose for which said lands were granted to the State.
Szo. 6. The permanent common school and other educational funds shall be invested in first mortgages upon good and improved farm lands within the State (and in no case shall more than fifty per centum of the reasonable valuation of the lands without improvements be loaned on any tract), Oklahoma State bonds, county bonds of the counties of Oklahoma, school district bonds of the school districts of Oklahoma, United States bonds; preference to be given to the securities in the order named.
The legislature shall provide the manner of selecting the securities aforesaid, prescribe the rules, regulations, restrictions and conditions upon which the funds aforesaid shall be loaned or in- vested, and do all things necessary for the safety of the funds and permanency of the investment.
ARTICLE XII. Homesteads and Exemptions.
SECTION 1. The homestead of any family in this State, not within any city, town or village, shall consist of not more than 160 acres of land, which may be in one or more parcels, to be selected by the owner. The homestead within any city, town or village, owned and occupied as a residence only, shall consist of not exceeding one acre of land, to be selected by the owner; provided, that the same shall not exceed in value the sum of $5,000, and in no event shall the homestead be reduced to less than one-quarter of an acre, without regard to value; and provided, further, that in case said homestead is used for both residence and business purposes, the homestead interests therein shall not exceed in value the sum of $5,000; provided, that nothing in the laws of the United States or any treaties with the Indian tribes in the State shall deprive any Indian or other allottee of the benefits of the homestead and exemption laws of this State; and provided, further, that any temporary renting of the homestead shall not change the character of the same, when no other homestead has been acquired.
Szc. 2. The homestead of the family shall be, and is hereby protected from forced sale, for the payment of debts, except for the purchase money therefor or a part of such purchase money, the taxes due thereon, or for work and material used in constructing improvements thereon; nor shall the owner, if married, sell the homestead without the consent of his or her spouse, given in such manner as may be prescribed by law: Provided, Nothing in this article shall prohibit any person from mortgaging his homestead, the spouse, if any, joining therein; nor prevent the sale thereof on foreclosure to satisfy any such mortgage.
Sro. 3. After the adoption of this constitution, paragraph 3 of section 4, and section 5 of chapter 34, Statutes of Oklahoma, of 1893, shall be in- operative; provided, that no property shall be exempt for any part of the purchase price while the same, or any part thereof, remains in the possession of the original vendee, or in possession of any purchaser from such vendee, with notice; and provided, further, nothing in this constitution shall prevent or prohibit any person from mortgag- ing or encumbering his personal exemption.
The legislature may change or amend the terms of this article.
ARTICLE XIII. Education.
SECTION 1. The Legislature shall establish and maintain a system of free public schools wherein all the children of the State may be educated.
Sro. 2. The Legislature shall provide for the establishment and support of institutions for the care and education of the deaf, dumb, and blind of the State.
Szc. 3. Separate schools for white and colored children with like accommodations shall be pro- vided by the Legislature and impartially main- tained. The term "colored children" as used in this section shall be construed to mean children of African descent. The term "white children" shall include all other children.
SEC. 4. The Legislature shall provide for the compulsory attendance at some public or other school, unless other means of education are pro- vided, of all the children in the State who are sound in mind and body, between the ages of eight and sixteen years, for at least three months in each year.
SEC. 5. The supervision of instruction in the public schools shall be vested in a Board of Edu- cation, whose powers and duties shall be prescribed by law. The Superintendent of Public Instruction shall be President of the Board. Until otherwise provided by law, the Governor, Secretary of State, and Attorney General shall be ex-officio members, and with the Superintendent, compose said Board of Education.
Digitized by
- ---
7
445
HISTORY OF THE STATE OF OKLAHOMA
SEC. 6. The Legislature shall provide for a uni- form system of text-books for the common schools of the State.
SEC. 7. The Legislature shall provide for the teaching of the elements of agriculture, horticul- ture, stock feeding, and domestic science in the common schools of the State.
ARTICLE XIV. Banks and Banking.
SECTION 1. General laws shall be enacted by the legislature providing for the creation of a banking department, to be under the control of a bank commissioner, who shall be appointed by the governor for a term of four years, by and with the consent of the senate, with sufficient power and authority to regulate and control all state banks, loan, trust, and guaranty companies, under laws which shall provide for the protection of depositors and individual stockholders.
Szc. 2. The legal rate of interest shall not ex- ceed six (6) per centum per annum in the absence of any contract as to the rate of interest, and, by contract, parties may agree upon any rate not to exceed ten (10) per centum per annum, and, until reduced by the legislature, said rates of six (6) and ten (10) per centum shall be, respectively, the legal and the maximum contract rates of interest.
SEC. 3. The taking, receiving, reserving or charg- ing a rate of interest greater than is allowed by the preceding section when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case a greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover from the person, firm or corporation taking or receiving the same, in an action in the nature of an action of debt, twice the amount of the interest so paid; provided, that such action shall be brought within two years after the maturity of such usurious contract; provided, however, that this section may be subject to such changes as the legislature may prescribe.
ARTICLE XV. Oath of Office.
SECTION 1. Senators and representatives and all judicial, State and county officers shall, before entering upon the duties of their respective offices, take and subscribe to the following oath or affirma- tion :
"I-do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of the State of Oklahoma, and will discharge the duties of my office with fidelity; that I have not paid or con- tributed, either directly or indirectly, any money
or other valuable thing to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law; that I have not, knowingly, violated any election law of the State, or procured it to be done by others in my behalf; that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing for the performance or non-per- formance of any act or duty pertaining to my office other than the compensation allowed by law, and I further swear (or affirm) that I will not receive, use or travel upon any free pass or on free transportation during my term of office."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.