The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-01-06
SUGGESTS LEGISLATION.
ABLE PAPER on THE ADOPTION
OF A CONSTITUTIONS.

-
state Constitution"
Mf President and Gentlemen OF the
Oklahoma Bar Association:
At some future time with or with
out the India ,arritory. oklahoma is
expected to b come state. previous TO
which the formation of constitution
is necessary. Following the preced-
ents by most of the older states this
constitution viii contain certain limi-
tatious. guarantees. and formal bill
of rights 1t is nj reference to this
branch of the proposed constitution
that / am requested 10 write.
Most of the states have incorporated
i'm their organic laws formal bills Of
rights. but some Of them. as Michigan
have only the limitations and restric-
tions that are intersperced through
their constitutions In their main sum
and substance we find these declara-
tlons very much the same. Common
TO many of them we find the declara-
tions that,
All men are by nature free and in
dependent. and have a right to life
liberty and property. and to be happy
IL they can, none shall be deprived Of
life. liberty and property Iithout due
process OF law; all may be eve in and
practice such religion as thcy may
choose as long as under the guise OF
their religious worship they do not en-
gage in practices inconRlsterL Nth the
peace and safety of the sta, they may
freely speak. write and puOush on any
and all subjects, being responsible FOR
the abuse of the privileges; the right
Of trial by jury shall remain inviolate;
they shall be secure in their persons
property and houses against unreason-
a. IL
except for capital offenses where the
proof is evident OF the presumption
great the writ Of habeas corpus shall
not be suspended. unless when in cases
of rebellion or invasion the public
safety may require It; no person shall
BE- held to answer for a criminal Of
fense. except in cases OF smaller penal
ties. or in cases arising in the army or
MALTA. or in cases of Impeachment.
unless indicted by grand jury; and
the accused shall have the right toap-
pear and defend in person and by coun-
sell to demand the nature OF the charge
against him, to have a copy Of It. to
have process for witnesses, TO have
public trial by an impartial jury OF the
county, and meet the witnesses face
60 face; that no one shall be compell-
ed to give evidence in any criminal
in jeopardy for the same offense all
Npenalities shall be proportioned to the
nature IF <he offense, and no convic-
ton shall work corruption of blood or
forfeiture Of estate: private property
shall not be taken for public purposes
without just compensation; no ex post
facto law, or law impairing the obliga-
ton OF contracts, or making any ire
vocable grant of special privileges or
immunities shall be passed the mill
ltary shall be in strict subordination to
the civil power no soldier shall be
quartered in any house in time OF
peace without the consent Of the own
er nor in time of war except as pro-
vided By law; the people may peacea-
bly assemble to consult for the common
good and may make known their opin-
ions to their representativ es, and apply
for a redress Of grievances.
Some of the bills OF right contain
more than this. and some contain less.
AS to many OF these features there is
great unanimity of sentiment. There
are. however. some limitations and
declarations TO be found in some of
the state constitutions about which
tn fe has been much disagreement.
And II is not To be doubted that in our
case measures win be proposed and
their adoption urged about which there
viii be much controversy.
No HOPE FOR PERFECTION.
favor the adoption of nothing novel
do not mean by this, should oppose
any and every declaration andlimita-
tion that may not previously have
found it's way into an organic law; but
that / shrould deem It unwise to incor-
and limitations about which there has
at all times been controversy, and that
-, Tsta@S-,h BE- vegordgd as unsettled.
perhaps there rs sIiSf2-=Q thing as SUI
preme happiness. Sudden SUCCESS ano
great accomplishments by little effort
are not altogether unknown. Human
conduct may attain perfection, but not
here below All fraud, imposition
greed. want and suffering, may be OBJ
liberated but not among the inhabit-
ahts of this world by human laws.
Human conduct and institutions vii
.. remain imperfect, and there VIII b'
; work for the reformer while the worle
stands Consummate the human ar
rangement and the necessity for th'
further continuation OF this mundane
sphere will have disappeared. Ther'
are exceptions In favor of and agains
adividuals that are incapable of ad
distment by legislation provision %
constitutional declaration just now
The great object To be sought by oNerl
social and political arrangement at tn
present time is 10 secure the hishes
possible degree Of happiness and pros
perity to the greatest number And tn
first consideration after this is 10 de
wise a means by which this happines
and prosperity may be rendered a
permanent as possible.
Thesupreme happiness that attend
sudden success Is too often counterbal
anced by as sudden adversely. state
cannot look to exceptions 10 eithe
success or failure. These are for indI
viduals or individual communities
What was sought at the building
this nation was to secure TO the ind
vidual fair opportunity and the fulie'
freedom consistent with the security
our institutions and the rights or or
ers. IL was believed that this woul
bring the highest happiness and grea
est prosperity to the masses; ana .
one suspected that individual accom-
plishment by legitimate effort wou
ever come 10 be regarded as dangero'
TO the common arrangement, or that
would ever become necessary TO cul
genius. curtail endeavOr OF thrott
ambition as a measure Of security
ne public peace or social order ~
even now. v hen applied TO the indu
Mn