The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-05-31

express provisions Of the Oklahoma |
constitution except in so far as limita- |
tions thereon are imposed by the con.
stitution of the United States or by |
the enabling act" The jurisdiction oi
the court is also challenged on vari.
ors grounds.
he whole case is summarized as
follows:
H. That the constitutional conven.
tion had the power and authority to
submit to the people Of Oklahoma the
provisions of the constitution for the
creation Of the counties uf Alfalfa and
tory of Woods county, and when the
constitution is adopted these counties
will be formed of the territory de
scribed in the constitution and there
for that the Injunction against the
defendants, Frantz. Murray and
Young. and each Of them. snould De
dissolved and the governor permitted
to issue his proclamation rur the sub
mission to the people Of the state OF
| the constitution as 1t Is now framed.
with the boundaries Of the various
counties Of Indian Territory and OF
Oklahoma Territory as defined there.
in, and upon which 1t is proposed to
establish the state government of the
state Of Oklahoma.
80. That II is the duty--at least. It
/ is the provincc-of the constitutional
| convention in its wisdom to provide at
| the same election as that upon which
/ the constitution will be submitted for
| the election of the various county of
| ficers wnich have been provided for In
the constitution ror the various coun.
ties Of Oklahoma.
1T must not be overlooked that this
election is not an election provided for
under any of the laws of the territory
Of Oklahoma and therefore the county
commissioners of Woods county are
not burdened with the duty that the
plaintiff seems so anxious to perform
under the provisions of the Oklahoma
statute.
The election is not one provided
for by congress. Neither the territori-
al nor federal officers are responsible
for It.; nor must their exchequer un-
der existing laws defray the expenses
thereof This is an election provided
for under the authority given by con
gress to the constitutional convention
and upon the power granted To that
convention to provide by ordinaceh
for submitting said constitution to the
people Of said proposed state for its
ratification or rejection at an elec.
tion to be held at time fixed in said
ordnance
THE constitutional convention has
so provided and it has fixed the time
for the election. That election must
be held under the terms of the Okla
homa statute In so far as that statute
arranged for the details of the cleo
tion; but that statute was not evident.
ly sufficient, or congress would not
have imposed upon the convention
the duty Of making provision for this
election. Manifestly the election
laws were not sufficient to provide
the officers TO conduct this election in
either the counties of Indian Terrific
ry or the new counties OF Oklahoma
Territory, and therefore congress saw
that 1t would be necessary for this
convention 10 meet this defect for this
occasion in the Oklahoma statutes.
1T was unnecessary for the trial
court to have suggested that II the de-
PENDANTS, as temporary officers of
the new counties, conduct the cleo
tion, the election will be held outside
the law. When those officers conduct
this election, they will conduct II
strictly In accordance with law, with
the provisions of the enabling act.
the provisions OF this election ordi.
nance made under the authority OF
the enabling act, and under the pro-
visions of the Oklahoma statute,
which is ample in directing the de-
tails of conducting the election on
election day, but is insufficient in
that 1t does not, as manifestly It could
not provide and name the officers who
would conduct the election in coun.
ties TO be formed where there were
no officers. II the decision OF the low
er court is tn law, then there can be
no election in the Indian Territory"