Free press., 1907-05-25
|OKLA,AT washington.
LEDsETTER, MOORE AND HAYES
WOULD SEE ROOSEVELT.
Mr.. BONAPARTE VERY RETICENT

Washington, May 21. Three of
the four democratic members OF the
Oklahoma constitutional convention,
Messrs. Ledbetter, Moore and Hayes,
appointed a committee by the presi-
dent of the convention, w H. Muir
ray, to come TO Washington and con-
fer with the legal officers OF the gov
ernment respecting certain develop
ments affecting the election to ratify
the constitution, arrived in Washing
ton today. This afternoon they had
talk with Attorney General Bona
parte, calling his attention to the in
functions which have been issued re-
straining the governor from issuing
his election proclamation and the
election officers of the territory from
performing certain duties, and ask
ing that the attorney general take
steps TO have the legality of this ac-
ton looked into.
Incidentally they took up the re-
cent decision of Judge Pancoast,
which in effect defers until late in
1908 the election for the ratification
recently adopted. Speaking subse-
Quently of the committees visit, Mr.
Bonaparte admitted that the gentle
men from Oklahoma had asked him
to appoint government counsel to de-
fend certain suits growing out of the
action of the constitutional conven-
ton. The attorney general replied
that this course would seem to iden-
tify the department of justice with
one side of the controversy. to the
exclusion of the other, to which he
thought there was very serious OBJ
lection. To the statement that the
people of Oklahoma desired to act
in strict observance of the law In
framing their constitution. and that
that end asked for any suggestions
the department might see fit to
make. the attorney general said that
the situation was peculiar and in
part at least as far as he knew, en-
| tirely unprecedented.
He thought it would involve
serious question of policy whether
any such suggestion could properly
be made in advance Of the final adop-
ton of the constitution and its sub
mission to the president and that in
any event the law and the practice
of the department forbade the attor-
nev general to give any legal opinion
unless requested TO do so by the
president of the head Of one of the
executive departments
In an interview here t0dav Mr..
Ledbetter said he had received salts
factory assurance that the president
had not said he would refuse to is
sue a statehood proclamation. On
the contrary. he felt satisfied that
the president. when convinced. as
he would be, that the constitution is
republican in form. as required by
the enabling act. The delegation. in
cluding Governor Frantz. will remain
in Washington until the presidents
return.
Tonight the committee made pub
lie a statement detailing the facts
they presented to the attorney gen
eral. Judge Burford. the Justice of
the supreme court of Oklahoma, they
said. had declared the election ordi-
nance originally adopted by the con-
vention in cinAict with the enabling
act and invalid, The convention
then repealed this ordinance and
passed one in accordance with Judge
Burford's opinion. but an iuiuncu III
suit was filed before Judge Pancoast.
who. the committee said held. in III
rect opposition to judge Burford,
that the second ordinance was CON
trary to the enabling act and in
valid. The committee say they ex-
rIained to the attorney general that
the convention desired to follow the
law in submitting constitution IN
the voters of the p-onosed state. and
would like 70 have from the depart
rner+ of Justice construction on the
~nabIino act as 70 just what mowers
+ho convention ho1 under it in pro-
| viding for an election.