CONSTITUTION OF OKLAHOMA—1907.*

PREAMBLE.

oking 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.

ARTICLE I.

FEDERAL RELATIONS.

SECTION 1 The State of Oklahoma is an inseparable part of the Federal on, 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 aages 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 be 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 after until the people of the State shall otherwise provide by amendment his constitution and proper State legislation. Any person, individual or orate, 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 Constitution 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 wa shall ship or in any way convey such liquors from other parts of the State in the portions hereinbefore described, shall be punished, on conviction thereof, in fine not less than $50 and by imprisonment not less than thirty days for ed offense: Provided, That the legislature may provide by law for one aga under the supervision of the State in each incorporated town of not less tha 2,000 population in the portions of the State hereinbefore described; and there be no incorporated town of 2,000 population in any county in said portion of the State, such county shall be entitled to have one such agency for the of such liquors for medicinal purposes; and for the sale, for industrial purpo of alcohol which shall have been denaturized by some process approved by United States Commissioner of Internal Revenue; and for the sale of aloha for scientific purposes to such scientific institutions, universities, and colleg as are authorized to procure the same free of tax under the laws of the Un States; and for the sale of such liquors to any apothecary who shall have cuted an approved bond, in a sum not less than $1,000, conditioned that of such liquors shall be used or disposed of for any purpose other than in compounding of prescriptions or other medicines, the sale of which would n subject him to the payment of the special tax required of liquor dealers by United States, and the payment of such special tax by any person withis parts of the State hereinabove defined shall constitute prima facie evid of his intention to violate the provisions of this section. No sale shall be except upon the sworn statement of the applicant in writing setting fort purpose for which the liquor is used, and no sale shall be made for me purposes except sales to apothecaries as hereinabove provided unless such ment shall be accompanied by a bona fide prescription signed by a regular qu ticing physician, which prescription shall not be filled more than once. sale shall be duly registered and the register thereof, together with the aff and prescriptions pertaining thereto, shall be open to inspection by any offer citizen of the State at all times during business hours. Any person who knowingly make a false affidavit for the purpose aforesaid shall be deemed zu of perjury. Any physician who shall prescribe any such liquor, except for treatment of disease which, after his own personal diagnosis, he shall dev require such treatment, shall, upon conviction thereof, be punished for offense by fine or not less than $200, or by imprisonment for not less than the days, or by both such fine and imprisonment; and any person connected any such agency who shall be convicted of making any sale or other dispe of liquor contrary to these provisions, shall be punished by imprisonment for less than one year and one day. Upon the admission of the State int Union these provisions shall be immediately enforcible in the courts of the

ARTICLE II.

BILL OF RIGHTS.

SECTION 1. All political power is inherent in the people; and govern 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 when the public good may require it: Provided, Such change be not repugnant to Constitution of the United States.

SEC. 2. All persons have the inherent right to life, liberty, the pursu happiness, and the enjoyment of the gains of their own industry.

SEC. 3. The people have the right peaceably to assemble for their own 3 and to apply to those invested with the powers of government for redress 4 grievances by petition, address, or remonstrance.

SEC. 4. No power, civil or military, shall ever interfere to prevent the fm exercise of the right of suffrage by those entitled to such right.

SEC. 5. No public money or property shall ever be appropriated, applied 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 4

y priest, preacher, minister, or other religious teacher or dignitary, or secrian institution as such.

SEO. 6. The courts of justice of the State shall be open to every person, and eedy and certain remedy afforded for every wrong and for every injury to rson, property, or reputation; and right and justice shall be administered thout sale, denial, delay, or prejudice.

SEC. 7. No person shall be deprived of life, liberty, or property, without e process of law.

SEC. 8. All persons shall be bailable by sufficient sureties, except for capioffenses when the proof of guilt is evident, or the presumption thereof is great. SEC. 9. Excessive bail shall not be required, nor excessive fines imposed, r cruel or unusual punishments inflicted.

SEC. 10. The privilege of the writ of habeas corpus shall never be susnded by the authorities of this State.

SEC. 11. Every person elected or appointed to any office or employment of ist or profit under the laws of the state, or under any ordinance of any municility thereof, shall give personal attention to the duties of the office to which is elected or appointed. Drunkenness and the excessive use of intoxicating uors while in office shall constitute sufficient cause for impeachment or removal erefrom.1

SEC. 12. No member of Congress from this State, or person holding any ice of trust or profit under the laws of any other State, or of the United States, all hold any office of trust or profit under the laws of this State.

SEC. 13. Imprisonment for debt is prohibited, except for the non-payment of es and penalties imposed for the violation of law.

SEC. 14. The military shall be held in strict subordination to the civil thorities. No soldier shall be quartered in any house, in time of peace, witht the consent of the owner, nor in time of war, except in a manner to be escribed by law.

SEC. 15. No bill of attainder, ex post facto law, nor any law impairing the ligation of contracts, shall ever be passed. No conviction shall work a corrupu of blood or forfeiture of estate: Provided, That this provision shall not ›hibit the imposition of pecuniary penalties.

SEC. 16. Treason against the State shall consist only in levying war against or in adhering to its enemies, giving them aid and comfort. No person shall convicted of treason, unless on the testimony of two witnesses to the same ert act, or on confession in open court.

SEC. 17. No person shall be prosecuted criminally in courts of record for lony or misdemeanor otherwise than by presentment or indictment or by formation. No person shall be prosecuted for a felony by information without aving had a preliminary examination before an examining magistrate, or havg waived such preliminary examination. Prosecutions may be instituted in urts not of record upon a duly verified complaint.

SEC. 18. A grand jury shall be composed of 12 men, any 9 of whom conrring may find an indictment or true bill. A grand jury shall be convened on the order of a judge of a court having the power to try and determine lonies, upon his own motion; or such grand jury shall be ordered by such dge upon the filing of a,petition., therefor signed by 100, resident taxpayers of e county; when so assembled such grand jury shall have power to investigate ad return indictments for all character and grades of crime, and such other wers as the legislature may prescribe: Provided, That the legislature may ake the calling of a grand jury compulsory.

SEC. 19. The right of trial by jury shall be and remain inviolate, and a jury or the trial of civil and criminal cases in courts of record, other than county ourts, shall consist of 12 men; but in county courts and courts not of record a ry shall consist of 6 men. This section shall not be so construed as to prevent mitations being fixed by law upon the right of appeal from judgments of courts ot of record in civil cases concerning causes of action involving less than $20.

1 Amendment proposed by the initiative and ratified on Aug. 4, 1914. The amendent added 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 a other cases the entire number of jurors must concur to render a verdict. In 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 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 counsi; and in capital cases, at least two days before the case is called for trial, an shall be furnished with a list of the witnesses that will be called in chief. u prove the allegations of the indictment or information, together with their pot office 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 shall any person, after having been once acquitted by a jury, be again put in jeopard of life or liberty for that of which he has been acquitted. Nor shall any pers 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 all subjects, being responsible for the abuse of that right; and no law sha!! passed to restrain or abridge the liberty of speech or of the press. In all crimi prosecutions for libel, the truth of the matter alleged to be libelous may given in evidence to the jury, and if it shall appear to the jury that the mater charged as libelous be true, and was written or published with good motives an for justifiable ends, the party shall be acquitted.

SEC. 23. No private property shall be taken or damaged for private re with or without compensation, unless by consent of the owner, except for privat ways of necessity, or for drains and ditches across lands of others for agri tural, mining, or sanitary purposes, in such manner as may be prescribed by hu SEC. 24. Private property shall not be taken or damaged for public without just compensation. Such compensation, irrespective of any benefit fre any improvements proposed, shall be ascertained by a board of commissione of not less than three free-holders, in such manner as may be prescribed by The commissioners shall not be appointed by any judge or court without reast able notice having been served upon all parties in interest. The commissioner shall be selected from the regular jury list of names prepared and made as legislature shall provide. Any party aggrieved shall have the right of appel without bond, and trial by jury in a court of record. Until the compensation s be paid to the owner, or into court for the owner, the property shall not disturbed, or the proprietary rights of the owner divested. When possession taken of property condemned for any public use the owner shall be entitled the immediate receipt of the compensation awarded, without prejudice to the right of either party to prosecute further proceedings for the judicial determi tion of the sufficiency or insufficiency of such compensation. The fee of la 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 d cases of condemnation of private property for public or private use the deter nation of the character of the use shall be a judicial question.

SEC. 25. The legislature shall pass laws defining contempts and regulatin the proceedings and punishment in matters of contempt: Provided, That person accused of violating or disobeying, when not in the presence or hearin of the court, or judge sitting as such, any order of injunction, or restraint. mak 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 th accused. In no case shall a penalty or punishment be imposed for content until an opportunity to be heard is given,

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 eured 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.

ARTICLE III.
SUFFRAGE.

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 tive 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.