The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-03-12
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performing the duties thereof shall
continue to serve in their respective
offices and perform all the duties
thereof, with all the power and au-
tbority conferred upon them by the
laws of said territory until such Of
ficas are terminated by the laws of the
state OF Oklahoma or until the officers
provided for under the constitution of
said state are duly elected and quail
fed
Provided. That In case no consti-
tuition Is adopted and ratified in ac-
cordance with the provisions of an
act for the admission of Oklahoma and
Indian Territory into the Union as
state, approved June 16, 1906, then
said territorial Officers OF Oklahoma
shall continue to discharge the duties
Of their respective offices until their
Successors are duly elected and quali-
fed.
Provided, That the governor and
ether appropriate territorial officers
of said territory, are hereby authorized
and directed to carry out all contracts
with the Territory of Oklahoma for
the care and maintenance of chRrit-
able and penal Institutions, and TO
make payments therefor out of the
general fund of said territory, and to
properly maintain the various terri
torial institutions until such time as
the constitution and laws of the State
Of Oklahoma shall provide therefor.
Approved June 30 1906"
.ta1. 4 4
judicial bill above referred to con-
tanning the appropriation for okla
homa legislature was approved June
p, 1906.
The enabling act approved June 16.
1906, uses the following language in
thia connection:
And the said representatives, to-
gether with the governor and other
Officers provided for IN said constitu-
tlon, shall be elected on the same day
of the election for the ratification or
rejection of the constitutions; and un-
til said officers are elected and quail
fed under the provisions of such con
stitution and the said state admitted
into the Union, the territorial officers
Of Oklahoma territory shall continue
I W hAhNhAA 81 iti0 uuNitN vi Aiill itc-
poctiye offices in said territory"
This then is the whole of the statu-
tory law bearing on the question
Every citizen can read Il and try his
own hand at Judging its meaning
4 Without questioning the correctness
OF Judge Burford's decision, yet some
points of these acts seem very clear
The first one is that il was inspired
by Mr. Mcclure, who unquestionably
Intended to hold his job. This he has
decided 10 do and the department has
held sIat he Is authorized so to do and
has announced that his salary viii be
paid The Office of delegate Is men
toned In the same category with
other offices.
The next point is that "no election
for members of the legislature or
"5ny other officers" authorized by the
law of said territory shall be held in
1906. II Is clear that city Officers are
included in the term amy other Off
GERS and that they could not be elect
ed in 1906. That leaves 1907 open TO
question, were It not for the next co
ordinate provision relating TO the ten
ure OF the old officers.
act is very explicit and says that "all
! persons" heretofore elected to any OF
said offices" shall continue TO serve
until tho happening OF ohe of two con
tingencies, which are, first, until such
Offices are terminated by the laws
of the estate of Oklahoma" or, sec
ond, until the Officers" provided for
under the constitution OF said state
are dgly elected and qualified. Ger
tain Il is that neither of these two con
tingencies which are TO terminate the
tenure OF Office or the office itseli
have happened. "All persons" nov
serving are TO continue until one o
those events do happen.
The next lause deals with the stu
alton simply in case no constitution
Is adopted under the terms of the en-
ahling act, and can have no bearinl
until after the adoption or rejection o
the enabling act, when il viii apply.
The enabling act enfoWes the sam
conclusion for II Includes all officer
under the terms governor and othe
offseers provided for IN said consti
tuition" and specifically states that uu
til said Officers that Is all "othe
onscers" are elected the territorial OF
ficers OF Oklahoma shall continue.
would seem as II nruniC,lM officer
were included in the sweeping tern
"Other officers"
Attention is called TO the fact tina
'all persons" serving on the seth da
OF June. 1906. are within the purvie'
OF the act.
OF course much learning might dil
cover divers and sundry meaning
but 10 the wayfaring man, fool thong
he be. the language seems reas0nabl
clear and al Officers, municipal an
otherwise, seem authorized to hol
their OFFICES. There is no disposition
20 do this however II legal successor
can be elected