The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-06-12
THE CONVENTION CASE
IN SUPREME COURT.

Governor Frantz ana president Mur"
ray. Is thus stated.
'sThe Constitutional convention had
the authority to submit TO the people
Of Oklahoma the provisions therein
with reference TO the creation of new
counties out OF the old counties I'm
Oklahoma and to create counties and
define boundaries thereof in the
Indian Territory, and for the election
OF officers and the organization of
these counties as n part of its au-
thority TO form a constitution and
state government for said proposed
state
"Tbe right OF the constitutional con-
vention TO create and define bound
aries Of counties is the main question
of merit in this case. and unless the
plaintiff Autry Is able to deny the
power OF the constitutional conven-
tion to submit its propositions for the
defining OF county lines and the organ
ization OF counties in Oklahoma and
Indian Territories which are the do
main upon which the state OF Okla
homa is to be builded. then this case
must fail, and the denial OF the right
OF the constitutional convention to
provide In the constitution. which is
to be submitted to the electors Of the
new state for their ratification and ap-
proval, for the defining of the bound
aries of counties is the only termina-
tion of this case which can be OF any
value to Autry, who wishes to defeat
the establishment and organization OF
Alfalfa and Major counties. But the
governor of Oklahoma, the president
of the constitutional convention, with
the other defendants In this case, as
sert that the constitutional convention
has right to submit its provisions
for county boundaries and county or
ganization and election of officers
| thereof TO the electors for their ap-
proval under the authority granted
ito form a constitution and state
government for said proposed state,
as is contained in the enabling act
~The claim of the affirmative and
negative OF the principle upon which
this question is to be determined was
stated by the learned Judge In the
court below in the premise upon which
his decision is based in the following
language:
lit is contended by the plaintiff
that the power and authority of con
! stitutional convention is derived
| solely from the powers granted in the
enabling act and that every power
granted to the convention must be
found and expressed therein. except
such implied powers as may be neces.
sary to carry into effect the express
grant of power; that the power
granted by the enabling act embraces
no legislative grant, but confers only
the power of a committee to adopt and
propose fundamental propositions
which upon ratification may become
the fundamental law of the state
while. on the other hand, It is con
tended by the defendants that the
power expressed In the enabling act
granting to the convention the power
to form state government is gen
eral and includes everything per
tanning TO a state government. includ
ing the formation OF new counties and
the government of county and munici
pal organizations contained within tbs
boundaries OF the state, subject only
to such specific limitations ON tha
power as are expressed mn the enab
ling act.
And after thus stating the two
, sides OF the controversy, the learne,
judge adopted the first position. ans
thus fell into his error which wouls
, wipe out. II carried to its legitimat,
extent, absolutely the constitutional
} convention. for there are SO few mat
ters OF its action specified In term
and expressed In the enabling ac
that II would have no power TO form
/ a constitution and state government
If such doctrine is to prevail
Congress made no limitations upol
the kind or the form OF such stat
government excepting those which ar
contained in the enabling act. the can
dinal one OF which is that the cor
stitution and government shall b
+ republican in form. Congress &
this enabling act, had no intention G
specifying the details of the formatio
Of that state government, or eve
directing or suggesting the matter
wEich should or should not be en-
braced therein, except insofar as IN
limitations upon the power OF the COZ
: yention are embraced in the act.
i THE convention was by the enal
ling act hereby authorized TO form
constitution and state government fc
l. said proposed state and congres
y left 20 the convention the form of sal
constitution and government
This word form Is used severi
; times in the c6 stitution Under Sc
d tion the authority is; Hereby al
thorized to vote for and choose del
gates to form a constitutional conye
, tion for said proposed state
e ''ln Section 3: II is hereby autho
/ ized to form constitution and stat
government for said proposed state
And In Section / That In cas-
e a constitution and state governm'
n shall be formed in compliance vii
T. the provisions OF this act And agai
In the same section: And II the co
stitution and government OF said pr
n posed state shall be republican
d form And when congress h,
a granted to body which has impose
d upon II the high duty OF framing. Il
y submission TO the people. constit
tion, authorities in 50 broad and con
prehensiye terms as these which Z
i rect ssch body TO proceed TO form
II constitution and state goyernmei
e FOR said uronnaa1 ofafa ~ ~ oarfa A.,