The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-04-09
CONVENTION is UPHELD
Continued from page y


q
ire required under our law to be GER
tihed to the governor That, under
the proposed constitution will include
all of the state officers. the judges of
the district courts, the attorneys for
the district codrts, If they provide for
district attorneys, don't remember
whether they do or not
Mr.. Asp--They do not
The Court-All of the legislative Of
iigers of both houses OF the legisa-
ture, and any other officers that are
elected by more than one county.
All officers who are nominated and
lected by counties. or less than
county, are under our law, certified
to the clerk OF the county, who to-
eether with two persons selected In
the same manner constitute the
county election board.
Dutiet of the Board
The state election board, as we
might term 1t now. being for the state
proposed, must provide the ballots
and distribute them. There is no
reason that that board can not do that
for the Indian Territory and think
~ ~ nitaN NhHNlNnc iAlNtiAntu Milttl ~
put those laws in force, was to carry
with 1t all the machinery that was
created by the. law.
Now the county election boards in
Oklahoma can not be Invested of their
power and authority by any act of
the constitutional convention in so far
s the counties which are not disor-
gan'zed are concerned, nor in the
counties which are equipped with an
existing county government. In the
counties which are newly created, the
power given to the constitutional con-
vention to provide by ordinance rules
and regulations for the election must
necessarily be construed with the pro
yision-the Oklahoma election laws in
force, and evidently Congress intend
ed, that In SO far as the laws were
to be supplemented in order to make
them fit conditions that might exist
and that might be necessary to meet
conditions, that the constitutional con
wention itself should adopt, would
have 10 be put in force by an ordin-
ance by the constitutional convention,
and they We're so Authorized. and they
would have to provide for the certify
ing of the vote from the townships in
the counties OF Oklahoma and in the
pre,incts in the counties of Oklaho-
ma when they could not go to the
board of county commissioners of the
existing connties. They would have
TO provide for certain legislation. but
supplying the omission Il Is not neces-
sary that they should abolish the en-
tire system. Il is only where the To-
cality Is cut in my Judgment that the
convention is Authorized TO act, and
the law of Oklahoma desienates the
governor, the secretary OF the terri
tory, the attorney general, the audi
tor OF the territory, As a canyassing
board to canvass the election returns
in which a person is voted for by
more than one ccnnty and delegate to
congress-. Those provisions are all
applicable, and they are applicable in
the Indian Territory just as we'll
Under our election law. there Is pro-
vision who shall certify and where he
shall certify the returns; the eonven-
tion win have to supply the Officers
who will act as a board OF county
commissioners, and as this act prob
ably does IN the Indian Territory,
supply the oHicefs VINO VIII ACT as IN
spectors and judges and clerks In the
Indian Territory; there being none
OF those officers existing there the
constitutional convention would have
10 make provision for them, But | |
am unable 10 see any reason under |
this law why the election boards !
,reated by the election laws OF Okla \
homa territory. and those laws Pat In |
force In the Indian Territory we vote
as joint territories Tor state Officers
anc on the constitution. and Congress