The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1907-11-29
CONSTITUTION OF
THE NEWEST STATE
the Outlook.

The people of Oklahoma and lndl;tl Ter
ritory for the new state of oklahoma
is :, document illustrating the changing
political order. quite irrespective OF us
merits, it reflects admirably many
characteristic tendencies of the day.
The common suspicion OF corporation
management and fear OF corporate
wealth, the more OF less prevalent dis
trust of representative government ana
ever of the judiciary. the growing be
lief in the effectiveness of pure deinoc-
racE, the resentment aSainSt the sal
loon element and its political activities,
are all embodied in it's provisions. In
deed the constitution rs originally
t!r~wn WAS regarded by the convention
leaders as providing n" nearly a pure
democracy that trey feared it might be
rejected by President Roosevelt on the
ground that it cLItraNeHed the federal
constitutions guarantee TO each state
of IL republican form OF government.
Accordingly. by amendment they re-
stored To the legislature some of the
power OF which originally they had de-
prived il. but as it stands today the
constitution is undoubtedly The most
radical organic law ever adopted in the
union. some OF its provisions We're suS-
yested by MIR. ". j. Bryan in u letter to
tie constitutional convention and its
general tenor may perhaps be inferred
from Mr.. Rryan's assertion later. in =
speech at Oklahoma City, That 1t was
the best state constitution ever written
The disclosures of recent years Regard
ing the illegitimate methods of man
ayers Of great corporations evidently
had deeply impressed the members of
the convention. They deliberately set
out to curb what they called the In
cursions of predatory wealth. espec-
tally those of stock watering n mo-
nopolistic oppression. The most string
ent measures We're adopted to guard
against these evils. a corporation COM
mission was created, to be composed of
three elective members. To his CONF
mission was granted large powers to
compel the fullest publicity in corpora
ton affairs, and to regulate the charges
of public service corporations. Over
capitalization was forbidden, and IL sec
ticn was framed to prohibit the con-
s%olidation of Incorporated concerns.
Even should one corporation come into
it must divest itself of the own
ership within a specified period.
An Observation-Disclosures provision was
adopted intended TO prevent a corpora
ton from clubbing Il competitor out
OF business by Il temporary reduction
in prices in ~ restricted field. 1t directs
that no concern shall. FOR the purpose
of creating a monopoly or destroying
competition in trade" discriminate be-
tween persons or communities by SELL
ing at different prices, after making al
lowance for the cost of transportation.
The state is expressly empowered to
engage In amy industry. This was in
tended to overcome the difficulty which
Kansas encountered when it attempted
TO operate an oil refinery i'll It's fight
with the Standard Oil The
common law relieving the employer
from liability to employees through the
carelessness of a fellow servant is
a~brogated. and the first legislature is
directed to enact laws protecting EN-
ployes. In various states the amount
of damages recoverable from q corpora
ton in the event of injury or death is
limited by law. The oklahoma legis-
latGre is forbidden TO establish any
such limitation.
Toward the commonly accepted the
Dry of representative government he
conventions attitude was profoundly
%distrustful It's suspicion of legislat-
lures appears in the enormous mass OF
assemblies with which ii encumbered
the organic law. on the positive side
1t expressed its belief i'm the people by
establishing the initiative and referen-
dum throughout the state. Including
municipalities and other subdivisions
A petition of s per cent. of the voters
may submit u proposed law to the peo-
pie. and one of Is per cent. n proposed
constitutional amendment. a law en-
acted by the legislature may be referred
TO the people by that body. or by a
petition of 5 per cent. of the voters.
OR the result Of 8: vote by the people
the governor may not exercise the veto.
Similar provisions. as has been said,
are extended to the minor political di-
visions of the state. and in cities fran
chise grants nus be submitted to pop
nral vote. Lest these provisions make
the constitution unrepublican. the con-
vention inserted an authorization to the
legislature TO repeal amy law. on he
assumption that it never would venture
to tamper with a measure enacted by
the people. To carry out further the
democratic idea. the legislature is in
StTucted to enact laws for a mandatory
primary system for all officers. includ-
ing United States senators. What is
perhaps mother Instance of this same
distrnst of the peoples agents mani
tested itself, too. In the provision that,
I'm orders of Injunction and restraint,
persons charged With contempt for an
act not committed in the presence of
the court should be punished only on
n verdict by a jury. Such n procedure
has long been generally, favored by or
ganized labor. The congressional en-
abling act required that the liquor
traftic be prohibited for twenty-one
years in that part OF the new state
comprised within the old indian Terri
tory. Because of this requirement. the
voters of the Indian Territory united
with the Oklahoma prohibitionists to
tho new state for the twenty-one year
period. Statewide prohibition was sub
mitted apart from the constitution, and
While the returns We're slow in coming
in. the provision seems to have carried.
OF the other multitudinous provisions
of the constitution 1t may be noted as
odd that so radical an Instrument
should have restricted woman's suf-
frage to school elections. Two-cent
railway fare is established unless the
rate should prove c~onfiscatory on any
line. The governor is elected for four
! years. and is ineligible to immediate re-
election. To guard against Interference
In politics. corporations are forbidden
to contribute to c~anTpaign funds.