The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-06-25

Opinion by Justice Hainer i'm the
Supreme court of the Territory of
Oklahoma.
Frank Frantz, w H. Murray. ct al,
Plaintiff in Error.
G. e. Autry, Defendant in Error.
/. A constitution is the written in
strument by which the fundamental
&powers of the government are estab-
llshed, limited, and defined. and by
which those powers are distributed
among the several departments for
their safe and useful exercise for the
benefit Of the body polite.
2. The constitutional convention is
vested with the power, and charged
with the duty and responsibility of
forming a constitution and state gov
gnment; and in the Performance Of
such duties 1t exercises legislative
powers and functions
3. Th convention has, and can ex-
ercise plenary powers. subject to the
limitations and restrictions that the
constitution shall be Republican in
form, and shall not be repuenant to
the Constitution of the United States
and the principles of the Declaration
of Independence, that no distinction
shall be made on account of race
or color, and that the convention shell
by ordinance irrevocable accept all
the terms and conditions Of the
enabling act.
4. The power vested in the con
yention to for ma state government
clearly impliesthe power TO create and
define all the counties within the
limits Of the proposed state the only
limitation upon the convention in this
respect being that the Usage Indian
Reservation shall remain separate
county antil the lands therein are al
lotted in seyeralty and until changed
by the legislature of the state.
5. A county is one of the terri.
torial divisions of the state created for
public and political purposes connec.
ted with the administration of the
state government.
g. Officers for a full state govern
ment, under the terms OF the enabling
act, includes not only state officers
whose powers and duties are cock
tensive with the limits o fthe state.
but includes all the officers provided
for in the constitution. from the high.
est TO the lowest, whose duties are in
any manner connected with the ad.
ministration OF the state government.
Congress, by the express terms OF
the enabling act. conferred the power
and authority upon the convention to
pass appropriate Ordinances for sub
mitting the constitution to the people
for ratification or rejection at an
election to be held az a time fixed in
said ordinance.
8. An ordinance. as used in this
act, means law which Is essential to
carrying into effect the objects for
which the convention was created.
Such an ordinance. when once adopt
ed by the convention, has the force
and effect of law
y. A court of equity has no mower
or jurisdiction TO restrain or enjoin
the constitutional convention. it's OIL
GERS or delegates, from exercising any
OF the rights, powers. and obligations
conflded TO 1t by congress or the peo.
pie; nor can the powers of the court
be invoked TO restrain or enjoin the
the submission of the constitution or
any proposition contained therein to
a vote OF the people in advance of its
"Noph'h anu idlllcdtlOl ny Inc ptD-
pie and It's approval by the President
OF the United Stats, on th ground that
IN Droposd constitution or any OF its
provisions is unconstitutional, or that
the convention acted in excess Of its
lawful powers.
10. The constitution of the United
States guarantees TO every state a
republican form of government. and
the power TO determine whether the
constitution Is republican in form is
primarily a legislative power and re.
sides in congress Bur this power
was relegated by congress TO the
President of the United States. and
such question is not subject TO Judi
cial cognizance.
Election August 9th.
The convention will no; reassem-
bic" phones President Murray state
and county elections will be held Ans