The Globe-republican., 1907-04-11
SUPREME ELECTION
BOARD ENJOINED
JUDGE BuRFoRD RENDERS De,
cIsloN IN CASES
BY GREER AND WOODS COUNTIES

Guthrie, Okla, April 9.-That the
constitutional convention has inher-
ent power to divide counties In the
formation OF state government but
that 1t cannot provide a supreme
election board before displacing the
Oklahoma election board, were the
chief points in the decision Of Judge
Burford In the Greer and Woods
county taxpayers injunction suits,
handed down today. Y
This decision is blow to the old
counties which are fighting the d.
vision. and the attorneys will file an
appeal as soon as Judge Burford Is
sues his orders Saturday.
Judge Burford was compelled to
stop in the middle Of his explaia-
tion, and there is some doubt as to
how far reaching 1t is on certain
points. He left for Saltwater.
The decision Is a bomshell for the
constitutional convention, as 1t will
be necessary to draft practically a
new election ordinance or possibly
doing away entirely with the SUI
preme election board. Ballots will
now be printed under the direction
Of the Oklahoma election board
The constitutional convention has
intended this work should go to
democratic papers. Judge Burf0rd
held that congress had extended the
Oklahoma election laws over the en-
tire state wherever republicans and
the constitutional convention could
only fill in omissions in the Oklaho-
ma laws.
Under the decision the convention
may name election officers only In
Indian Territory, and 1t provides for
making returns. in new Oklahoma
The township trustees will con-
tinue as inspectors in the new Okla |
homa counties. No power of the
Oklahoma election and canvassing
boards may be usurped.
Attorneys who represented the
convention, while deeply disappoint-
ed have not determined whether 1t |
Is best to appeal, The sentiment is |
to accept the result with as good |
grace as possible.
The convention leaders were de- |
sirous of gaining control Of the cleo
ton board for the democratic party |
and thus displace the regular board,
but fear further litigation. Mem
bers Of the supreme election board |
created by the constitutional con-
vention are d. N. Robb, Atoka;
Cyke Ballinger, Anadarko; Jos. Nc
Clelland, Pond Creek; John Young,
and Wyands of Muskogee.
The opinion was summarized as
follows
Chief Justice Burford held that |
the constitutional convention had
to create new counties
and divide old counties, and to pro-
vide machinery for elections In new
counties and In the Indian Terri
tory. He" held that the convention
had no authority to create su.
preme election board; that the
board Of election commissioners
provided by the laws Of Oklahoma
consisting Of the governor and
to be appointed by each
political party. shall constitute the
board of election commissioners for
the purpose of this election. to pass
On certificates Of nomination for
state and district officers, except
county officers, and print and dis
tribute the tickets and distribute
supplies; that the board Of canvass
ers provided by the election laws
must be the board of canyassers for
the election for state officers, which
IS the governor, the attorney gener-
n. the secretary. the territorial audi
tor and the territorial treasurer,
who must canvass the returns on
he election for state officers That
IN the old counties the board of
county commissioners and the coun-
~ clerks perform the duties; In the
new counties the convention mus.
provide the machinery.
The complalnants, who are seek
ing to prevent the division of old
Counties in Oklahoma were defeated
IN their efforts.