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SEC. 26. The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent he legislature from regulating the carrying of weapons.
SEC. 27. Any person having knowledge or possession of facts that tend to stablish the guilt of any other person or corporation charged with an offense gainst the laws of the State, shall not be excused from giving testimony or proucing evidence, when legally called upon so to do, on the ground that it may end to incriminate him under the laws of the State; but no person shall be rosecuted or subjected to any penalty or forfeiture for or on account of any ransaction, matter, or thing concerning which he may so testify or produce vidence.
SEC. 28. The records, books, and files of all corporations shall be, at all mes, liable and subject to the full visitorial and inquisitorial powers of the tate, notwithstanding the immunities and privileges in this bill of rights cured to the persons, inhabitants, and citizens thereof.
SEC. 29. No person shall be transported out of the State for any offense mmitted within the State, nor shall any person be transported out of the State r any purpose, without his consent, except by due process of law; but nothing this provision shall prevent the operation of extradition laws, or the transrting of persons sentenced for crime to other States for the purpose of incarration.
SEC. 30. The right of the people to be secure in their persons, houses, papers, d effects against unreasonable searches or seizures shall not be violated; and warrant shall issue but upon probable cause supported by oath or affirmation, scribing as particularly as may be the place to be searched and the person or ing to be seized.
SEC. 31. The right of the State to engage in any occupation or business for blic purposes shall not be denied nor prohibited, except that the State shall t engage in agriculture for any other than educational and scientific purposes d for the support of its penal, charitable, and educational institutions.
SEC. 32. Perpetuities and monopolies are contrary to the genius of a free vernment, and shall never be allowed, nor shall the law of primogeniture or tailments ever be in force in this State.
SEC. 33. The enumeration in this constitution of certain rights shall not be nstrued to deny, impair, or disparage others retained by the people.
SECTION 1. The qualified electors of the State shall be male citizens of the nited States, male citizens of the State, and male persons of Indian descent itive of the United States, who are over the age of 21 years, who have resided the State one year, in the county six months, and in the election precinct irty days, next preceding the election at which any such elector offers to vote: rovided, That no person adjudged guilty of a felony after the adoption of this nstitution. subject to such exceptions as the legislature may prescribe, unless s citizenship shall have been restored in the manner provided by law; nor y person, while kept in a poorhouse or other asylum at the public expense, cept Federal and confederate ex-soldiers; nor any person in a public prison, or any idiot or lunatic, shall be entitled to vote at any election under the laws this State.
SEC. 2. For the purpose of voting, no member of the Regular Army or avy of the United States shall gain a residence in this State by reason of eing stationed in this State, nor shall any such person lose a residence in the tate while absent from the State in the military or naval service of the nited States.
SEC. 3. Until otherwise provided by law, all female citizens of this State, ossessing like qualifications of male electors, shall be qualified to vote at school istrict elections or meetings.
SEC. 4. The legislature shall enact laws creating an election board (not more than a majority of whose members shall be selected from the same political party), and shall provide the time and manner of holding and conducting all elections; and, at any time the Federal Constitution may permit the election of United States Senators by direct vote of the people, the legislature shall provide for their election as for the election of governor and other elective officers.
[SEC. 4a. No person shall be registered as an elector of this State, or be allowed to vote in any election held herein, unless he be able to read and write any section of the Constitution of the State of Oklahoma; but no person who was, on January 1st, 1866, or at any time prior thereto, entitled to vote under any form of Government, or who at that time resided in some foreign nation, and no lineal descendant of such person shall be denied the right to register aud vote because of his inability to so read and write sections of such Constitution.
Precinct election inspectors having in charge the registration of electors shall enforce the provisions of this section at the time of registration, provided registration be required. Should registration be dispensed with the provisions of this section shall be enforced by the precinct election officers when electors apply for ballots to vote. ]2
SEC. 5. The legislature shall enact laws providing for a mandatory primary system, which shall provide for the nomination of all candidates in all elections for State, district, county, and municipal officers, for all political parties, inclul ing United States Senators: Provided, however, This provision shall not exclude the right of the people to place on the ballot by petition any nonpartisan candidate. SEC. 6. In all elections by the people the vote shall be by ballot and the legislature shall provide the kind of ticket or ballot to be used and make all such other regulations as may be necessary to detect and punish fraud, and preserve the purity of the ballot; and may, when necessary, provide by law for the regis tration of electors throughout the State or in any incorporated city or tows thereof, and, when it is so provided, no person shall vote at any election unless he shall have registered according to law.
SEC. 7. The election shall be free and equal. No power, civil or military. shall ever interfere to prevent the free exercise of the right of suffrage, as electors shall, in all cases, except for treason, felony, and breach of the peace. be privileged from arrest during their attendance on elections and while goies to and from the same.
DISTRIBUTION OF POWERS.
SECTION 1. The powers of the goverment of the State of Oklahoma sh be divided into three separate departments-the legislative, executive, and jul cial; and except as provided in this constitution, the legislative, executive, au judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.
INITIATIVE AND REFERENDUM.
SECTION 1. The legislative authority of the State shall be vested in a legilature, consisting of a senate and a house of representatives; but the peop reserve to themselves the power to propose laws and amendments to the constitu
2 Section 4a is a new section: it was proposed by the initiative, ratified on Al 2, 1910, and declared adopted on Oct. 6, 1910. In the case of Atwater v. Hassett, . Okl. 292, decided on Oct. 26, 1910, this section was upheld as not in violation of the Fifteenth Amendment of the Federal Constitution or the provision guaranteeing republican form of government to each state. On June 21, 1915, in Guinn and B v. United States, the supreme court of the United States held this section void as .. violation of the Fifteenth Amendment, and, as the provisions of the section are insearable, the whole amendment was held invalid. 238 U. S. 347.
to enact or reject the same at the polls independent of the legislature. o reserve power at their own option to approve or reject at the polls any he legislature.
2. The first power reserved by the people is the initiative, and 8 per of the legal voters shall have the right to propose any legislative measuré, per centum of the legal voters shall have the right to propose amendo the constitution by petition, and every such petition shall include the t of the measure so proposed. The second power is the referendum, and be ordered (except as to laws necessary for the immediate preservation ublic peace, health, or safety), either by petition signed by 5 per centum legal voters or by the legislature as other bills are enacted. The ratio centum of legal voters hereinbefore stated shall be based upon the total of votes cast at the last general election for the State office receiving est number of votes at such election.
3. Referendum petitions shall be filed with the secretary of state not an ninety days after the final adjournment of the session of the legis vhich passed the bill on which the referendum is demanded. The veto f the governor shall not extend to measures voted on by the people. All on measures referred to the people of the State shall be had at the next held throughout the State, except when the legislature or the governor der a special election for the express purpose of making such reference. asure referred to the people by the initiative shall take effect and be in hen it shall have been approved by a majority of the votes cast in such
Any measure referred to the people by the referendum shall take effect n force when it shall have been approved by a majority of the votes cast and not otherwise.
style of all bills shall be: "Be it enacted by the people of the State of a."
tions and orders for the initiative and for the referendum shall be filed secretary of state and addressed to the governor of the State, who shall the same to the people. The legislature shall make suitable provisions ving into effect the provisions of this article.
4. The referendum may be demanded by the people against one or more ections, or parts of any act of the legislature in the same manner in uch power may be exercised against a complete act. The filing of a um petition against one or more items, sections, or parts of an act shall y the remainder of such act from becoming operative.
5. The powers of the initiative and referendum reserved to the people constitution for the State at large are hereby further reserved to the ters of every county and district therein, as to all local legislation, n, in the administration of county and district government in and for spective counties and districts.
manner of exercising said powers shall be prescribed by general laws, hat boards of county commissioners may provide for the time of exercisinitiative and referendum powers as to local legislation in their respecties and districts.
requisite number of petitioners for the invocation of the initiative and um in counties and districts shall bear twice or double the ratio to the umber of legal voters in such county or district as herein provided e in the State at large.
58. Each County in the State of Oklahoma may by a majority of the ters of such county voting upon the proposition, abolish township organir government. The Board of County Commissioners of such county petition signed by sixteen per centum of the total number of votes cast 1st general election for the county office receiving the highest number of raying that the question of abolishing township organization or govern
submitted to a vote of the county, shall within thirty days after the meeting of such board next convening after the filing of such petition. pecial election for such purpose, or the board may in their discretion such question at the next general election held after the filing of such
petition. If such question shall be carried, township organization or government shall cease in such county, and all the duties theretofore performed by the township officers shall be cast upon and be performed by such county officers having like duties to perform in relation to the county at arge as such township officers performed in relation to the township at large. At any general election after the abolition of township organization or government the question of returning to township government may be submitted as provided for the sulmission of the question of abolishing such government, and if a majority of the votes cast upon such question be in favor of township government the same sha thereupon be established, and the Board of County Commissioners shall appoint the full quota of township officers, who shall hold their offices and perform the duties thereof until their successors shall have been elected at the next gener.. election and until they shall have been qualified. Except as otherwise specifcally provided by this section, the law relating to carrying into effect the initia-tive and referendum provisions of the Constitution shall govern.3
SEC. 6. Any measure rejected by the people, through the powers of the initiative and referendum, can not be again proposed by the initiative with three years thereafter by less than 25 per centum of the legal voters.
SEC. 7. The reservation of the powers of the initiative and referendum al this article shall not deprive the legislature of the right to repeal any law, pre, pose or pass any measure, which may be consistent with the constitution of ta State and the Constitution of the United States.
SEC. 8. Laws shall be provided to prevent corruption in making, procure! and submitting initiative and referendum petitions.
SEC. 9. The senate, except as hereinafter provided, shall consist of not new than 44 members, whose term of office shall be four years; Provided. That senator elected at the first election from each even numbered district sh hold office until the fifteenth day succeeding the regular State election in 1 and one elected from each odd numbered district at said first election shall b office until the fifteenth day succeeding the day of the regular State election ă! 1910: And provided further. That in districts electing two senators, the m elected at the first election shall cast lots in such manner as the legisl may prescribe to determine which shall hold the long and which the short term SEC. 9. (a) At the time each senatorial appointment is made after the yr 1910 the State shall be divided into 44 districts, to be called senatorial distri each of which shall elect one senator; and the senate shall always be compe. of 44 senators, except that in event any county shall be entitled to three more senators at the time of any appointment such additional senator or s tors shall be given such county in addition to the 44 senators and the wh* number to that extent. Said districts shall be numbered from 1 to 44, inclusite. and each of said districts shall contain as near as may be an equal number of inhabitants, such population to be ascertained by the next preceding Fed census, or in such manner as the legislature may direct, and shall be in compact form as practicable and shall remain unaltered until the next des nial period, and shall at all times consist of contiguous territory.
SEC. 9. (b) No county shall ever be divided in the formation of a s torial district except to make two or more senatorial districts wholly in * county. No town and no ward in a city when constituting only one vota precinct, shall be divided in the formation of a senatorial district, nor C any senatorial district contain a greater excess in population over an adjoitit. district in the same county than the population of a town, or ward in a *** constituting only one voting precinct therein, adjoining such district. TownS <! wards in cities constituting only one voting precinct, which may, from the location, be included in either of two senatorial districts, shall be so placed (81 make such districts most nearly equal in number of inhabitants.
Section 5A is a new section; it was proposed by the legislature of 1913 and r fied on Aug. 5, 1913.
HOUSE OF REPRESENTATIVES.
10. The house of representatives, until otherwise provided by law, nsist of not more than 109 members, who shall hold office for two years: d, That the representatives elected at the first election shall hold office e fifteenth day succeeding the day of the regular State election in 1908; ovided, That the day on which State elections shall be held shall be fixed legislature.
The first legislature shall meet at the seat of government upon proclaof the governor on the day named in said proclamation, which shall not than thirty days nor less than fifteen days after the admission of the to the Union.
The apportionment of this State for members of the legislature shall at the first session of the legislature after each decennial Federal census. The whole population of the State as ascertained by the Federal census, ch manner as the legislature may direct, shall be divided by the number the quotient shall be the ratio of representation in the house of reprees for the next ten years succeeding such appointment.
Every county having a population equal to one-half of said ratio shall led to 1 representative; every county containing said ratio and threeover shall be entitled to 2 representatives, and so on, requiring after the in entire ratio for each additional representative: Provided, That no hall ever take part in the election of more than 7 representatives
When any county shall have a fraction above the ratio so large that ultiplied by 5 the result will be equal to 1 or more ratios, additional tatives shall be apportioned for such ratio among the several sessions ecennial period. If there are 2 ratios, representatives shall be allotted urth and third sessions, respectively; if 3, the third, second, and first sesespectively; if 4, to the fourth, third, second, and first sessions, ely.
Any county forming with another county or counties a representative during one decennial period if it has acquired sufficient population, at a ennial period, shall be entitled to an additional representative, if there left in the district from which it shall have been separated a populacient for a representative. No such change shall be made except at the lecennial period for the apportionment of representatives.
If in fixing any decennial ratio, a county previously a separate repredistrict shall have less than the number required by the ratio for a tative, such county shall be attached to a county adjoining it and become f such representative district.
No county shall ever be divided in the formation of representative discept to make two or more representative districts in such county. No ward in a city, where it constitutes only one voting precinct, shall be in the formation of representative districts, nor shall any representarict contain a greater excess in population over an adjoining district me county than the population of a town or ward in a city, constituting voting precinct adjoining such district. Counties, towns, or wards in nstituting only one voting precinct, which, from location, may be ineither of two districts, shall be so placed as to make said districts rly equal in number of inhabitants.
Ascertaining the ratio of representation according to the Federal census, other enumeration as the legislature may provide, and attaching any previously having a separate representative but found to have less than ber required by the ratio, to an adjoining county; and determining per of representatives each county or district shall be entitled to, and for sions of the legislature within the next decennial period; and apporhe senators, shall be done by the legislature and be presented to the for his approval in the same manner as other bills which may be y the legislature.
An apportionment by the legislature shall be subject to review by the court at the suit of any citizen, under such rules and regulations as the