USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 70
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SEC. 2. The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of State officers and judges of the supreme court, shall be filed in the office of the secretary of state, and in case of other judicial and county offices, in the office of the clerk of the county in which the same is taken; any person refusing to take said oath or affirmation, shall forfeit his office, and any person who shall have been convicted of having sworn or affirmed falsely, or having violated said oath or affirmation, shall be guilty of perjury, and shall be disqualified from holding any office of trust or profit within the State. The oath to members of the senate and the house of representatives shall be admin- istered in the hall of the house to which the members shall have been elected, by one of the judges of the supreme court, or in case no such judge is present, then by any person authorized to administer oaths.
ARTICLE XVI. Public Roads, Highways and Internal Improve- ments.
SECTION 1. The legislature is directed to estab- lish a department of highways, and shall have the power to create improvement districts and provide for building and maintaining public roads, and may provide for the utilization of convict and punitive labor thereon.
SEc. 2. The State of Oklahoma hereby accepts all reservations and lands for public highways made under any grant, agreement, treaty or act of congress; provided, this section shall not be construed to prejudice the vested rights of any tribe, allottee or other person to any such land.
SEC. 3. The legislature shall have power and shall provide for a system of levees, drains, and ditches and of irrigation in this State when deemed expedient, and provide for a system of taxation on the lands affected or benefitted by such levees, drains and ditches and irrigation, or on crops pro- duced on such land, to discharge such bonded in- debtedness or expenses necessarily incurred in the establishment of such improvements; and to pro- vide for the compulsory issuance of bonds by the
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owners or leesees of the lands benefitted or affected by such levees, drains, and ditches or irrigation.
ARTICLE XVII. Counties.
SEOTION 1. Each county in this State, now or hereafter organized, shall be a body politie and corporate.
Szo. 2. There are hereby created, subject to change by the legislature, in and for each organ- ized county of this State, the offices of Judge of the County Court, County Attorney, Clerk of the District Court, County Clerk, Sheriff, County Treasurer, Register of Deeds, County Surveyor, Superintendent of Public Instruction, three County Commissioners, and such municipal township officers as are now provided for under the laws of the Territory of Oklahoma, except as in this con- stitution otherwise provided.
Szo. 3. The several counties of the State shall provide, as may be prescribed by law, for those inhabitants who, by reason of age, infirmity, or misfortune, may have claims upon the sympathy and aid of the county.
Szc. 4. The Legislature shall provide by gen- eral laws for the creation of new counties or alter- ing or changing lines and the equitable division of assets and of liabilities, and the original location of county seats in such new counties: Provided, That every such question shall be submitted to the . vote of the qualified electors residing in the terri- tory to be formed into such new county or trans- ferred to another county, and shall be approved by sixty per centum of the votes cast in said election: Provided, That no new county shall be formed of less than four hundred square miles taxable area, nor with a population of less than fifteen thousand people, nor with taxable wealth less than two and one-half million dollars, as shown by the current tax rolls. Nor shall any territory be taken from an existing county for any purpose bringing the newly created line of such existing county nearer than ten miles to the county seat thereof. Nor shall the taxable area, popula- tion, or taxable wealth of said existing county be reduced below that required for a new county. Nor shall any territory, in any case, be transferred from one county to an existing county, if, by such transfer of territory, the county from which the territory be taken will then be smaller in area than the county to which the addition is made: Provided, That when territory is to be transferred from an existing county to either a new or an existing county, there must be sixty per centum of the vote cast in such particular territory in favor of the transfer, and, in case the transfer be to an existing county, the acceptance of such territory must first be approved by a majority vote of the electors of said county, at an election
to be called and held therefor, as may be pro- vided by law. The limitation as to area, valna- tion, and population shall not be increased by the Legislature.
Szo. 5. When, at any time hereafter, the aggre- gate value of all taxable property in any one county be a sum total less than two and one-half million dollars, upon petition of one-fourth or more of the qualified electors of such county, as shown by the last general election, signed, verified, and filled with the county commissioners thereof, not less than sixty days before the date of any general election, such county commissioners shall submit, upon the ballot at such next ensuing gen- eral election, to the qualified electors of the county, the questions: "Shall the county be an unorgan- ized county !" " "Yes," or "No." If a majority of the votes cast on this question at such election shall be in the affirmative, such county shall there- after be unorganized and be attached to and be a part of the adjoining county having the lowest valuation of taxable property, and shall so remain as a district in such county until such time as the qualified electors of such unorganized county shall, by similar petition and vote, declare in favor of separate organized county existence: Provided, however, That at all times during such unorgan- ized existence, such county shall have four terms of county court at the county seat therein each year, and the judge of the county court shall appoint a clerk of the county court of said dis- trict, from among the qualified electors thereof, who shall keep and maintain his office at such county seat: Provided, further, That while so unorganized, such county shall, in all respects, bo part and parcel of the county with which it is united.
SEC. 6. The towns herein named as county seats shall be and remain the county seats of their respective counties until changed by vote of the qualified electors of such county, in the following manner :
(a) Upon a petition or petitions in writing, signed by twenty-five per centum of the qualified electors of the county, such per centum to be deter- mined by the total vote cast in such county for the head of the State ticket in the next preceding general election, said petition or petitions being verified by an affidavit showing that the petitioners are qualified electors of said county, and such peti- tion or petitions having been filed with the gov- ernor at any time after four months after the admission of the State into the union, the gov- ernor shall, within thirty days, issue his proclama- tion calling an election, to be held in such county not less than sixty nor more than seventy days from the date of his proclamation.
Such election shall be held under the provisions of the election laws of the State, and upon such
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public notice of such election as the governor in his proclamation may direct; and the governor shall cause to be placed upon the tickets to be voted at such election, only the names of such towns as may, more than twenty days prior to such election, file with the governor verified peti- tions therefor, as above mentioned, signed by not less than three hundred qualified electors of said county.
(The word "town" as herein used, shall be con- strued to mean town, city or place.)
(b) Upon the holding of any such election, the board of canvassers shall certify and return said vote to the governor, who shall thereupon at once declare the result and cause the will of the electors to be carried into effect; provided, that in all elections for the removal of any of the county seats named in this constitution, the following rules shall govern, until the county seat is once located by a vote of the people, but not later than the first day of April, nineteen hundred and nine: Provided further, In case the necessary and proper petition for the holding of an election for the removal of a county seat shall be filled with the Governor, for over six months prior to the first day of April, provisions, and if such election or elections are delayed or postponed on account of any injunction or legal proceedings, then the time limit provided in the subdivision of this section, shall be extended the length of time that such election or elections are delayed or postponed by such injunction or legal proceedings.
If a majority of all the votes cast in the county at such county seat election shall be in favor of any town such town shall thereafter be the county seat; provided, however, that where the county seat named in this constitution is within six miles of the geographical center of the county (said geographical center to be determined by certificate from the secretary of state, and said distance to be determined by measurement from said geo- graphical center to the nearest corporate limits of such county seat, as they existed on January twenty-first, nineteen hundred and seven) it shall require sixty per centum of the total vote cast at such election by the competing towns to effect the removal of such county seat, unless such competing town be more than one mile nearer the geograph- ical center of said county, in which event a ma- jority vote shall suffice; but, if more than two towns are voted for, and no town receives the requisite proportion of all the votes cast, then all names of towns voted for on said ballot, except the two receiving the greatest number of votes, shall be dropped; and the governor shall, in like time and manner, cause to be called and held a second election, at which only the two towns which received the greatest number of the votes cast at the second election shall be voted for; and the
town receiving the requisite proportion of the votes cast at this second election shall be the county seat; provided, that after April the first, nineteen hundred and nine, all county seats shall be subject to removal under the above named pro- visions; but the town to which removal is sought must receive two-thirds of all votes cast in such county at the election held therefor, and such elections shall not occur at intervals of less than ten years; provided, further, that until after April the first, nineteen hundred and nine, no public money shall be expended for a court house or jail construction unless a vote of the people of such county shall have been taken on the relocation of the county seat.
Szc. 7. Any person or corporation offering money or other thing of value, either directly or indirectly, for the purpose of influencing any voter for or against any competing town in such election shall be deemed guilty of bribery.
Counties and County Seats.
SECTION 1. The State of Oklahoma is hereby divided into counties named and described as fol- lows (all descriptions are referred to the Indian Meridian and base line established by the United States Geological Survey, 1895-1899; unless other- wise specifically mentioned) :
Adair County :- Beginning on the township line between townships nineteen (19) and twenty (20) North, at its intersection with the range line be- tween ranges twenty-three (23) and twenty-four (24) East; thence east along said township line to its intersection with the Arkansas State line; thence southward along said Arkansas State line to its intersection with the township line between townships thirteen (13) and fourteen (14) North; thence west along said township line to its inter- section with the range line between ranges twenty- three (23) and twenty-four (24) East; thence north along said range line to the point of begin- ning. Westville is hereby designated the County Seat of Adair county.
Alfalfa County :- Beginning on the Kansas and Oklahoma State line at its intersection with the range line between ranges twelve (12) and thirteen (13) West; thence eastward along said State line to its intersection with the range line between ranges eight (8) and nine (9) West; thence south along said range line to its intersection with the east and west center section line of township twenty-three (23) North; thence west along said center section line to its intersection with the range line between ranges twelve (12) and thirteen (13) West; thence north along said range line to the point of beginning. Cherokee is hereby desig- nated the County Seat of Alfalfa county.
Atoka County :- Beginning at the northwest corner of township two (2) North, range twelve
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(12) East; thence east along the township line between townships two (2) and three (3) North, to its intersection with the range line between ranges thirteen (13) and fourteen (14) East; thence south along said range line to its intersec- tion with the township line between townships one (1) and two (2) North; thence east along said township line to its intersection with the range line between ranges fifteen (15) and sixteen (16) East; thence south along said range line to its intersection with the base line; thence west along said base line to its intersection with the range line between ranges fourteen (14) and fifteen (15) East; thence south along said range line to its intersection with the township line between townships four (4) and five (5) South; thence west along said township line to its intersection with the range line between ranges eight (8) and nine (9) East; thence north along said range line between townships one (1) and two (2) South; thence east along said township line to its inter- section with the north and south center section line across range eleven (11) East; thence north along said center section line to its intersection with the base line; thence east along said base line to its intersection with the range line between ranges eleven (11) and twelve (12) East; thence north to the point of beginning. Atoka is hereby designated the County Seat of Atoka county.
Beaver County :- Beginning at the point where the one hundredth (100th) meridian intersects the south line of the State of Kansas; thence west- ward along the south line of the State of Kansas to its intersection with the range line between ranges nineteen (19) and twenty (20) East of Cimarron meridian; thence south along said range line to its intersection with the north boundary line of the State of Texas; thence eastward along the boundary line between Texas and Oklahoma to its intersection with the one hundredth (100th) meridian; thence north along said one hundredth (100th) meridian to the point of beginning. Beaver is hereby designated the County Seat of Beaver county.
Beckham County :- Beginning on the State line between Texas and Oklahoma at its intersection with the east and west center section line across township eleven (11) North; thence east along said section line to its intersection with the range line between ranges twenty-two (22) and twenty- three (23) West; thence north along the said range line to its intersection with the east and west center section line across. township twelve (12) North; thence east along said section line to its intersection with the range line between ranges twenty (20) and twenty-one (21) West; thence south along said range line to its inter- section with the township line between townships seven (7) and eight (8) North; thence west along
said township line to its intersection with the center line of the North Fork or Red River; thence up along the center line of said river to its most westerly intersection with the township line between townships seven (7) and eight (8) North; thence west along said township line to its inter- section with the range line between ranges twenty- three (23) and twenty-four (24) West; thence south along said range line to its intersection with the township line between townships six (6) and seven (7) North; thence west along said township line to its intersection with the State line between Texas and Oklahoma; thence north along said State line to the point of beginning. Sayre is hereby designated the County Seat of Beckham county.
Blaine County :- Said county shall be and re- main as it now exists under the Territory of Oklahoma, until hereafter changed by the pro- visions of this constitution. Watonga is hereby designated the County Seat of Blaine county.
Bryan County :- Beginning on the township line between townships four (4) and five (5) South, at its intersection with the boundary line between the Chickasaw and the Choctaw Nations; thence east along said township line to its intersection with the center line of Clear Boggy Creek; thence down along the center line of said Clear Boggy Creek to its intersection with the north and south center section line across range thirteen (13) East; thence south along said center section line to its intersection with the center line of White- grass Creek; thence down along the center line of said Whitegrass Creek to its intersection with the State line between Texas and Oklahoma; thence westward along said State line to the center line of the mouth of the Washita River; thence up along the center line of the said Washita River to its intersection with the east and west center sec- tion line of township five (5) South; thence along said center section line to its intersection with the boundary line between the Chickasaw and Choctaw Nations; thence north along said boun- dary line to the point of beginning. Durant is hereby designated the County Seat of Bryan county.
Caddo County :- Beginning on the range line between ranges thirteen (13) and fourteen (14) West, at its intersection with the township line between townships twelve (12) and thirteen (13) North; thence east along said township line to its intersection with the range line between ranges ten (10) and eleven (11) West; thence south along said range line to its intersection with the town- ship line between townships ten (10) and eleven (11) North; thence east along said township line to its intersection with the center line of the Canadian River; thence down along the center line of said Canadian River to its intersection
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with the ninety-eighth (98th) meridian; thence south along said ninety-eighth (98th) meridian to its intersection with the east and west center sec- tion line across township eight (8) North; thence west along said center section line to its intersec- tion with the range line between ranges eight (8) and nine (9) West; thence south along said range line to its intersection with the township line be- tween townships four (4) and five (5) North; thence west along said township line to its inter- section with the range line between ranges thirteen (13) and fourteen (14) West; thence north along said range line to the point of beginning. Ana- darko is hereby designated the County Seat of Caddo county.
Canadian County :- Said county shall be and remain as it now exists under the Territory of Oklahoma, until hereafter changed by the pro- visions of this constitution. El Reno is hereby designated the County Seat of Canadian county.
Carter County :- Beginning on the base line at its intersection with the range line between ranges three (3) and four (4) West; thence east along said base line to its intersection with the range line between ranges one (1) and two (2) West; thence south along said range line to its intersec- tion with the east and west center section line of township two (2) South; thence east along said center section line to its intersection with the center line of the Washita River; thence south- wardly along the center line of said Washita River to its intersection with the township line between townships two (2) and three (3) South; thence east along the said township line to its intersection with the range line between ranges three (3) and four (4) East; thence south along said range line to the northeast corner of section thirty-six (36), township four (4) South, range three (3) East; thence west to the northwest cor- ner of section thirty-five (35) in said township and range; thence south along the section line to its intersection with the township line between town- ships five (5) and six (6) South; thence west along said township line to its intersection with the range line between ranges three (3) and four (4) West; thence north along said range line to the point of beginning. Ardmore is hereby desig- nated the County Seat of Carter county.
Cherokee County :- Beginning at the northwest corner of township nineteen (19) North, range twenty-one (21) East; thence east along the town- ship line to its intersection with the range line between ranges twenty-three (23) and twenty-four (24) East; thence south along said range line to its intersection with the township line between townships thirteen (13) and fourteen (14) North; thence west along said township line to its inter- section with the range between ranges twenty (20) and twenty-one (21) East; thence north
along said range line to its intersection with the township line between townships fifteen (15) and sixteen (16) North; thence west along said town. ship line to its intersection with the center line of the Grand River; thence up along the center line of said Grand River to its intersection with the township line between townships eighteen (18) and nineteen (19) North; thence east along said township line to its intersection with the range line between ranges twenty (20) and twenty-one (21) East; thence north along the said range line to the point of beginning. Tahlequah is hereby designated the County Seat of Cherokee county.
Choctaw County :- Beginning on the center line of Clear Boggy Creek at the intersection with the township line between townships four (4) and five (5) South; thence east along said township line to its intersection with the range line be- tween ranges twenty (20) and twenty-one (21) East; thence south along said range line to its intersection with the State line between Texas and Oklahoma; thence westwardly along said State line to the center line of the fourth of Whitegrass Creek; thence up along the center line of said Whitegrass Creek to its intersection with the north and south center section line across range thirteen (13) East; thence north along said cen- ter section line to its intersection with the center line of Clear Boggy Creek; thence up along the center line of said Clear Boggy Creek to the point of beginning. Hugo is hereby designated the County Seat of Choctaw county.
Cimarron County :- Beginning on the State line between Kansas and Oklahoma at its intersection with the range line between ranges nine (9) and ten (10) East of the Cimarron Meridian; thence westward along the State line of Kansas and of Colorado to its intersection with the Cimarron Meridian; thence south along the Cimarron Me- ridian to its intersection with the north boundary line of the State of Texas; thence eastward along the Texas State line to its intersection with the range line between ranges nine (9) and ten (10) East of the Cimarron Meridian; thence north along said range line to the point of beginning. Kenton is hereby designated the County Seat of Cimarron county.
Cleveland County :- Said county shall be and remain as it now exists under the Territory of Oklahoma, until hereafter changed under the pro- visions of this constitution. Norman is hereby designated the County Seat of Cleveland county.
Coal County :- Beginning at the northwest cor- ner of township three (3) North, range nine (9) East; thence east along the township line be- tween townships three (3) and four (4) North, to its intersection with the range line between ranges eleven (11) and twelve (12) East; thence south along said range line to its intersection with
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the base line; thence west along said base line to its intersection with the north and south center section line across range eleven (11) East; thence south along said center section line to its inter- section with the township line between townships one (1) and two (2) South; thence west along said township line to its intersection with the range line between ranges seven (7) and eight (8) East; thence north along said range line to its intersection with the township line between town- ships two (2) and three (3) North; thence east along said township line to its intersection with the range line between ranges eight (8) and nine (9) East; thence along said range line to the point of beginning. Lehigh is hereby designated the County Seat of Coal county. .
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