The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-03-12
THE INITIATIVE
~ AND REFERENDUM
Confident That Federal
Court viii Uphold Ok.
IahOma'S Action

Speaking OF the initiative aud ref
crendum, President W. H. Murray
said:
II want TO say, gentlemen. | am go
ing to coGfne myself strictly to the
issue raised by Mr. Kornegay. In con
struiug q constitution or law, we must
construe all parts Of thai constitution
Or law together. and that which will
stand may stand and that which must
fali may fall.
Mr.. Kornegay bases his objection
upon article six Of the constitution ol
tho United States relative 10 the nee
Assify Of every state and federal OIL
Ger taking an oath Now iet me reaG
article ten of amendments pf the Uni
ted States cons tuition. which is a
iater provision Of the federal constitn
ion land, Mr. Kornegay is well asare
II the rule OF construction that sub
sequent ac. passed by the legislative
body OF bv the states must control as
against former Article trn--i mean
reads as follows:
The powers not delegated TO the
United States by the constitution, nor
prohibited by it to the states, are re.
leryed to the states respectively, or
70 The Deonle.
''Thns reservation OF pnwer--thai
subsequent ACT in the form OF that
amendment, reserved TO tho people ol
he resnectiye STATES every power moi
EXPRESSLY delegated by the constitn
ion 10 the federal government, or pro
iibited TO the states d the reserva
ion OF that power, he distinction 4
hat the federal government has M
lower except that given by express
declaration, or such as are impliedll
lecessary TO carry It's express power
nio effect; on the 0ther hand. thf
tate Is limited by the power and tht
)erpie are he FIRST power that mus
delegate to the state its authority.
THE peOple in the state OF Okla
ioma. in framing the constitution o
oklahoma Gan first delegate what
lfer power they wan. 10 the represen
atiges of the people, the officers anf
| he legislature, and reserve unto them
| elves az provided by that tent
| amendment 10 the United States con
| ititution such power as they do Nd
hoase To delegate 10 the state authori
| ueo.
In ihe exercise of that power, "
ave delegated TO the legislative, Tbs
Executive and the judicial branches
ertain powers ana by the putting l.
| orce OF this provision haYe reserve
he power 20 enact laws for them
| selves.
Il want TO cali the attention of tn
entleman TO the fact tina IA ever,
tate of this Union, perhaps taere ar
rovisiOns whereby counties may vot
,onds, and counties may vote indeb
adness. If there be one thing in TN
ederal constitution above another
; that provision tina prohibits th
aking OF property without due pre-
ess Of the law OF the land Yet, 4
his instance, they creale within tn
1 tate, the power whereby counties o
| municipalities may levy taxation an
AXE property away from the peopl,
1 md that is done by vote OF the peS
| lie. and not by legislative brancl
1 hose voters are no. required TO TAX
1 N oath as a precedent to that y0t
/ hat they viii obey the constitution {
he United States. The only purpOs
/ requiring an oath is thai the represel
/ atiyes OF the pe0pe, in creating a rel
esentatiye government, and In exc
/ isiDg the power which inc people CIV
hem. sbal obey the organic law q
he federal government and of "a
4 tate. II is not REQUIRED of the y0 4
4 ghO votes that tax, or who votes IA
constitutional amendmen S, that h
/ ball sqbscrihe-to an oath and yet y
ouft in this land would say for q ms
1 nent that Il was unoonsii utiQnal
n Whom we created the power wiiai
1 itjes 10 adopt their own charter W
L lsO gave ihe power TO them whereof
hey can do Il without sHbsonbing {
l n oath, apd the construction OF arr
4 le six read bg the gentleman Is oye
| gled in It's applicaii ion. And YET, thef
ias no objection raiseg az that tim
/ " amy body that thai power Of VOC,
qFepment, reserved be- the people ;
rea'e their local government was NJ
constitutional.
= admit thar many times the eos
4 irnctlnn of statutes as 10 fheiF COT
1 titntionalily depends upon The persoI
l 81 Of ihe fedora Judges Who havebee
l elected from that list of LAWYERS VIII
/ 3presenf lhe corporations 0f qhi
i Ountry. that many decisinna. frOI
/ hat long line laid down hy that grea
l urist. John Marshall have been n
sersed | know that even the incom
/ AK. after aye successive decisions
j he great iurisis Of this country ha
l anheld II. ane tlSn declared By ml
1 ority vote. one of which was change
1 fter thirty days. 10 he unconstitutlol
Ill
4 y am aware that IA she early spyei
1 les Nhfn the Grange moFhnlol
l ought 10 foeplate felghl faios. Il ha
\ lenn held from The beeinn|ne ~ hi