The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-03-12


commIttee Of the convention has de-
cfded that the convention Is without
authority to provide a mandatory prl-
mary election law for the FIRST election.
They report that the present primary
election laws OF Oklahoma govern the
first election both in Oklahoma and
Indian Territory by virtue OF the en-
abling act
The question has been much mooted
and the language and intent of the
act was differently construed by differ
ent lawyers. Should the convention
follow the advice of The legal com
mittee, they would be doing SO not so
much from choice as out of abundant
caution. All persons recognize that
no provision, however desirable in and
of itself should be permitted to en-
danger the legality of the statehood
election.
The convention has on a number of
occasions been compelled ;o t,rego
the passage OF desirable ordinances
lest it cucumber the paramount sue
cess of statehood The enabling act
IS heavy laden with inhibitions and en-
cumbrances and Il has proven no
small task to observe its intricate
restrictions. many Of them far from
beng clear.
IL is the intention of the conven-
tion to 20 just as far as legally they
may In providing a strong primary
! election law In all cases. This was
one of the issues of the election last
fall and the big Democratic vote
meaut that the people wanted among
other things a primary election law
| for the new state. The convention
will go to the full limit Of its power
along this line, as along all others,
where the will of the people has been
expressed
It will be noted that the legal COM
mittee are of the opinion that the
convention has the power to provide
for the entire election machinery in
the Indian Territory, for the reason
that no election machinery now exists
there, and that such power is granted
by the enabling act"
II will also be noted that "a the
opinion of that committee "the con-
vention has power to provide for cleo
tion machinery in the territory of
Oklahoma and to provide for state
canvassing board to canvass the re-
turns of the election for state dis
trict and county officers. In this con-
nection however. they recommend
that. in providing for the election on
the Oklahoma territory side, the CON
kvention conform to and use, as far as
lapplcable the election machinery now
in existence in the territory of Okla
homa'
AS to the phase of the election re-
lating to the adoption or rejection of
the constitution, as distinguished from
the state officers. the committee re-
port that ''It is our opinion that the
convention is without power to create
canyassing board to canvass the
votes cast at the election for the rati-
fcation or rejection of the constitu-
tion, for the reason that such can
vassing board is provided for in the
enabling act"
This distinction between the ratifi-
cation of the constitution and the
election OF state officers grows out of
the peculiar wording of the enabling
act which provides THAT in case a
constitution and state government
shall be formed IN compliance with
the provisions OF this act the conven-
tion forming the same shall provide
by ordinance for submitting said con
stitution to the people of said proposed
state for its ratification or rejection
at an election TO be held at time
axed I'm said ordinance, at which cleo
| tion the qualified voters for said pro,
posed state shall vote directly for or
against the proposed constitution, and
for or against any provisions separate
Ily submitted The returns of said
Ielection shall be made to the secre-
tary of the territory of Oklahoma, who,
with the chief justice thereof and the
senior Judge of the United States
court of appeals for the Indian Terri
tory. shall canvass the same; and, If
a majority of the legal votes cast ON
that question shall be for the consti-
tuition the governor of Oklahoma ter
ritory and the Judge senior in service
of the United States coart of appeals
for the Indian Territory shall certify
she result to the President of the Uni
ted States, together with the state
Iment of votes cast thereon, and upon
the separate articles or propositions
and a copy OF said constitution, arti-
cles, propositions and ordinances
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