The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-03-13
BROUGHT BY CITIZENS AGAINST
TIE CITY OFFICIALS. ..
TO TEST ELECTION LAWS
Division Of Opinion Exists Whethe-
Elections Snail BE Held Under
Arkansas Laws as Formerly
or Ureer Oklahoma Law

suit mas UC % N.DlruI uF several
Of the lcadilg citizens of this city
mandamusing Mayor h. W Dick.
Clerk Geo. II. Bruce and the mem.
uers of the city council to open books
OF registration go thar voters may be-
registered under the election laws Of
Oklahoma, and 20 hold the municipal
election for officers of this city under
those laws. The .u.t has been brouzl.
20 test whether the electIon laws
OF Arkansas or oklahoma are iu
force.
j. VI. jameson, b. 7. Frensley and
j. ". Banks, qualified electors and
citizens Of this city, applied ye-ter-
day morning 10 clerk Of the city. Geo
a Bruce. for registration and could
not secure same. After having Deea
refused thos, citizens proceeded 20 an
attorney and brought suit Of man
dauus against the mayor, city clerk
and the board OF aldermen. seeking
10 manIamus aud enioin them TO hold
tie election for city officers In April
under the laws governing the election
in Oklahoma. The petition alleges
that Ardmore IS "a city Of the first
class and municipal corporation eN.
listing and organized Under an act OF
congress Of the United States Great
ing cities in the Indian Territory
That by virtue or an act Of con.
gr,s5 the election laws of Oklahoma
nave been and are now In force in In
dian Territory, as applied to cities of
the first class, which said laws re-
quirr the city clerk TO keep in his of
ice regular books for the registration
in said city of Ardmcre, in which
name. age. residence. by ward or pre-
cinct uf all voters who may apply 20
him In person Tor such purpose, and
70 ssue a certificate to sucn pc"son
OF uch registration.
aid election laws further require
ce ain duties 20 be exercised by the
,yor and aldermen of said cltF
be-. re any city election can be ie-
ga'9 held FOR the election Of cTccrs
the .in.
The petitioners further alleges thar
eacl of them has applied TO the clert
Of he aforesaid city within the time
rec Ircd By law, and possessing all
the qualifications of legal voters for
reg ,tratlon certificates. which was
ret' ser.
/ .ior to the election of delegates
10 the constitutional convention the
Ar ansas statutes were in force, but
WHOM the election for delegates was
held under the enabling act the Okla
ho.. q statute was put In force and the
cor 'ntion OF the petitioners is that
tho Oklahoma election statute is still
in roe, haying supplantei the AT.
kaI rs statute. while the contention
of 20 city CnLur'i Is that the Okla
rs "a statut, "as I'm force only tor
the 1u.pose OF holding the election
OF ,lcgatcs 10 the constitutional CON
yer on.
TIE contention Of the petitioners Is
tha' the following section Of the en-
abH act governing the elections
to Q held throughout the territory is
ununning the election laws of tn,
stat, Of Arkansas under which for
NOR elections we're held:
hat te election laws OF the terri
| tory Of Oklahoma now In force. as
far = applicable anr not in conflict
wi, this Act, include the penal laws
Of I'D Territory of Oklahoma, relat
ing elections and illegal voting are
ncr ~ extended TO and put In force
In id Indian Territory until the leg
lsla re OF said proposed state shall
IOtl wise provide, and until all per
sons Offending against said laws In
the election aforesaid shall have been
deal. with in the manner therein pro.
vld,.'
7 construction placed on TINS
sec on by the attorneys for the peti-
| tic. rs, Attorneys W. h. Johnson, l..
s. Gilman. c. o. Bum and j. W, Har-
reid Is that the above section yitiates
tho Arkansas statute in every election
tina. Is to he held until oklahoma leg
.s.e ure meets. ;. r. Rlcdsoe. the at
uorrcv for the CITY takes the position
the the Arkansas statute is in force
ana that the Oklahoma laws applied
ou'r to holding the election for dele
gates to the constitutional convention
TIE atOrnevs left hcre last night
for Tishomingo where a date will be
set for argument in the case, the out
cor ~ which will be watched with
mu h interest as a number of towns
in the Indian Territory are to hold
elo ions for city officers this spring