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secretary of state and one to the auditor of state at Columbus. Within five days thereafter such abstracts shall be opened and canvassed by the secretary of state and auditor of state in the presence of the governor who shall forthwith, by proclamation, declare the results of said election. Each amendment on which the number of affirmative votes shall exceed the number of negative votes shall become a part of the constitution.
HERBERT S. BIGELOW, President.
C. B. GALBREATH, Secretary. Columbus, Ohio, June 1, 1912.
CONSTITUTION OF OKLAHOMA-1907.*
voking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this constitution.
SECTION 1 The State of Oklahoma is an inseparable part of the Federal ion, and the Constitution of the United States is the supreme law of the land. SEC. 2. Perfect toleration of religious sentiment shall be secured, and no abitant of the state shall ever be molested in person or property on account his or her mode of religious worship; and no religious test shall be required the exercise of civil or political rights. Polygamous or plural marriages are ver prohibited.
SEC. 3. The people inhabiting the State do agree and declare that they ver disclaim all right and title in or to any unappropriated public lands g within the boundaries thereof, and to all lands lying within said limits ed or held by any, Indian, tribe, or nation; and that until the title to any public land shall have been extinguished by the United States, the same I be and remain subject to the jurisdiction, disposal, and control of the ed States. Land belonging to citizens of the United States residing without limits of the State shall never be taxed at a higher rate than the land aging to residents thereof. No taxes shall be imposed by the State on lands roperty belonging to or which may hereafter be purchased by the United es or reserved for its use.
SEC. 4. The debts and liabilities of the Territory of Oklahoma are hereby med, and shall be paid by the State.
SEC. 5. Provisions shall be made for the establishment and maintenance of stem of public schools, which shall be open to all the children of the State free from sectarian control; and said schools shall always be conducted in ish: Provided, That nothing herein shall preclude the teaching of other uages in said public schools: And provided further, That this shall not be trued to prevent the establishment and maintenance of separate schools for e and colored children.
SEC. 6. The State shall never enact any law restricting or abridging the : of suffrage on account of race, color, or previous condition of servitude. SEC. 7. The manufacture, sale, barter, giving away, or otherwise furnishexcept as hereinafter provided, of intoxicating liquors within those parts he State heretofore known as the Indian Territory and the Osage Indian rvation, and within any other parts of the State which existed as Indian vations on the 1st day of January, 1906, is prohibited for a period of ty-one years from the date of the admission of the State into the Union, and eafter until the people of the State shall otherwise provide by amendment his constitution and proper State legislation. Any person, individual or prate, who shall manufacture, sell, barter, give away, or otherwise furnish intoxicating liquor of any kind, including beer, ale, and wine, contrary to
The convention which framed the constitution of Oklahoma met at Guthrie on 20, 1906, and adjourned on July 16, 1907. The constitution was submitted to the e for ratification on Sept. 17, 1907. The vote on the adoption or rejection of onstitution was 180,333 in favor of adoption and 73,059 opposed; the vote on the bition amendment was 130,361 in favor and 112,258 opposed. The state was add to the Union on Nov. 16, 1907, and the constitution became effective on that
provisions of this section, or who shall, within the above-described portions of the State, advertise for sale or solicit the purchase of any such liquors, or who shall ship or in any way convey such liquors from other parts of the State into the portions hereinbefore described, shall be punished, on conviction thereof, by fine not less than $50 and by imprisonment not less than thirty days for each offense: Provided, That the legislature may provide by law for one agency under the supervision of the State in each incorporated town of not less than 2,000 population in the portions of the State hereinbefore described; and if there be no incorporated town of 2,000 population in any county in said portions of the State, such county shall be entitled to have one such agency for the sale of such liquors for medicinal purposes; and for the sale, for industrial purposes. of alcohol which shall have been denaturized by some process approved by the United States Commissioner of Internal Revenue; and for the sale of alcohol for scientific purposes to such scientific institutions, universities, and colleges as are authorized to procure the same free of tax under the laws of the United States; and for the sale of such liquors to any apothecary who shall have exe cuted an approved bond, in a sum not less than $1,000, conditioned that none of such liquors shall be used or disposed of for any purpose other than in the compounding of prescriptions or other medicines, the sale of which would ne subject him to the payment of the special tax required of liquor dealers by the United States, and the payment of such special tax by any person within the parts of the State hereinabove defined shall constitute prima facie evidence of his intention to violate the provisions of this section. No sale shall be de except upon the sworn statement of the applicant in writing setting forth the purpose for which the liquor is used, and no sale shall be made for medicin purposes except sales to apothecaries as hereinabove provided unless such state ment shall be accompanied by a bona fide prescription signed by a regular prac ticing physician, which prescription shall not be filled more than once. Each sale shall be duly registered and the register thereof, together with the affidavits and prescriptions pertaining thereto, shall be open to inspection by any officer of citizen of the State at all times during business hours. Any person who shall knowingly make a false affidavit for the purpose aforesaid shall be deemed guilty of perjury. Any physician who shall prescribe any such liquor, except for th treatment of disease which, after his own personal diagnosis, he shall deem t require such treatment, shall, upon conviction thereof, be punished for each offense by fine or not less than $200, or by imprisonment for not less than thirty days, or by both such fine and imprisonment; and any person connected with any such agency who shall be convicted of making any sale or other dispositi a of liquor contrary to these provisions, shall be punished by imprisonment for st less than one year and one day. Upon the admission of the State into Union these provisions shall be immediately enforcible in the courts of the State,
BILL OF RIGHTS.'
SECTION 1. All political power is inherent in the people; and governme is instituted for their protection, security, and benefit, and to promote the general welfare; and they have the right to alter or reform the same whene the public good may require it: Provided, Such change be not repugnant to tiConstitution of the United States.
SEC. 2. All persons have the inherent right to life, liberty, the pursuit happiness, and the enjoyment of the gains of their own industry.
SEC. 3. The people have the right peaceably to assemble for their own 2-s and to apply to those invested with the powers of government for redress grievances by petition, address, or remonstrance.
SEC. 4. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage by those entitled to such right.
SEC. 5. No public money or property shall ever be appropriated, apply donated, or used, directly or indirectly, for the use, benefit, or support of any set church, denomination, or system of religion, or for the use, benefit, or support
iest, preacher, minister, or other religious teacher or dignitary, or secinstitution as such.
c. 6. The courts of justice of the State shall be open to every person, and and certain remedy afforded for every wrong and for every injury to property, or reputation; and right and justice shall be administered t sale, denial, delay, or prejudice.
c. 7. No person shall be deprived of life, liberty, or property, without ocess of law.
c. 8. All persons shall be bailable by sufficient sureties, except for capienses when the proof of guilt is evident, or the presumption thereof is great. c. 9. Excessive bail shall not be required, nor excessive fines imposed, el or unusual punishments inflicted.
c. 10. The privilege of the writ of habeas corpus shall never be susby the authorities of this State.
Every person elected or appointed to any office or employment of r profit under the laws of the state, or under any ordinance of any munici thereof, shall give personal attention to the duties of the office to which lected or appointed. Drunkenness and the excessive use of intoxicating while in office shall constitute sufficient cause for impeachment or removal om.1
c. 12. No member of Congress from this State, or person holding any f trust or profit under the laws of any other State, or of the United States, old any office of trust or profit under the laws of this State.
c. 13. Imprisonment for debt is prohibited, except for the non-payment of nd penalties imposed for the violation of law.
c. 14. The military shall be held in strict subordination to the civil ities. No soldier shall be quartered in any house, in time of peace, withe consent of the owner, nor in time of war, except in a manner to be bed by law.
c. 15. No bill of attainder, ex post facto law, nor any law impairing the ion of contracts, shall ever be passed. No conviction shall work a corrupblood or forfeiture of estate: Provided, That this provision shall not it the imposition of pecuniary penalties.
c. 16. Treason against the State shall consist only in levying war against adhering to its enemies, giving them aid and comfort. No person shall victed of treason, unless on the testimony of two witnesses to the same ct, or on confession in open court.
c. 17. No person shall be prosecuted criminally in courts of record for or misdemeanor otherwise than by presentment or indictment or by ation. No person shall be prosecuted for a felony by information without had a preliminary examination before an examining magistrate, or havived such preliminary examination. Prosecutions may be instituted in not of record upon a duly verified complaint.
A grand jury shall be composed of 12 men, any 9 of whom congmay find an indictment or true bill. A grand jury shall be convened he order of a judge of a court having the power to try and determine s, upon his own motion; or such grand jury shall be ordered by such upon the filing of a petition. therefor signed by 100 resident taxpayers of unty; when so assembled such grand jury shall have power to investigate turn indictments for all character and grades of crime, and such other as the legislature may prescribe: Provided, That the legislature may the calling of a grand jury compulsory.
c. 19. The right of trial by jury shall be and remain inviolate, and a jury e trial of civil and criminal cases in courts of record, other than county shall consist of 12 men; but in county courts and courts not of record a hall consist of 6 men. This section shall not be so construed as to prevent tions being fixed by law upon the right of appeal from judgments of courts record in civil cases concerning causes of action involving less than $20.
Amendment proposed by the initiative and ratified on Aug. 4, 1914. The amenddded the last sentence.
In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have power to render a verdict. In all other cases the entire number of jurors must concur to render a verdict. Io case a verdict is rendered by less than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein.
SEC. 20. In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed: Provided, That the venue may be changed to some other county of the State, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him and have a copy thereof, and be confronted with the witnesses against him, and have compulsory process for obtaining wit nesses in his behalf. He shall have the right to be heard by himself and counsel: and in capital cases, at least two days before the case is called for trial, be shall be furnished with a list of the witnesses that will be called in chief, to prove the allegations of the indictment or information, together with their postoffice addresses.
SEC. 21. No person shall be compelled to give evidence which will tend to incriminate him, except as in this constitution specifically provided; nor shal. any person, after having been once acquitted by a jury, be again put in jeopardy of life or liberty for that of which he has been acquitted. Nor shall any person be twice put in jeopardy of life or liberty for the same offense.
SEC. 22. Every person may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all crimin. ! prosecutions for libel, the truth of the matter alleged to be libelous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous be true, and was written or published with good motives and for justifiable ends, the party shall be acquitted.
SEC. 23. No private property shall be taken or damaged for private us. with or without compensation, unless by consent of the owner, except for private ways of necessity, or for drains and ditches across lands of others for agricu tural, mining, or sanitary purposes, in such manner as may be prescribed by law SEC. 24. Private property shall not be taken or damaged for public use without just compensation. Such compensation, irrespective of any benefit from any improvements proposed, shall be ascertained by a board of commissioners of not less than three free-holders, in such manner as may be prescribed by law The commissioners shall not be appointed by any judge or court without reaso able notice having been served upon all parties in interest. The commissioners shall be selected from the regular jury list of names prepared and made as the legislature shall provide. Any party aggrieved shall have the right of appea... without bond, and trial by jury in a court of record. Until the compensation shi be paid to the owner, or into court for the owner, the property shall not be disturbed, or the proprietary rights of the owner divested. When possession is taken of property condemned for any public use the owner shall be entitled t the immediate receipt of the compensation awarded, without prejudice to the right of either party to prosecute further proceedings for the judicial determination of the sufficiency or insufficiency of such compensation. The fee of lami taken by common carriers for right of way, without the consent of the owner. shall remain in such owner subject only to the use for which it is taken. In a cases of condemnation of private property for public or private use the deterní nation of the character of the use shall be a judicial question.
SEC. 25. The legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt: Provided, That any person accused of violating or disobeying, when not in the presence or hearing of the court, or judge sitting as such, any order of injunction, or restraint, mad or entered by any court or judge of the State shall, before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt. until an opportunity to be heard is given.