The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-02-17
Embryo Stale Expects to
Have Constitution That
Will Be Model One.
Railroads, Standard Oil, and
Other Corporate Interests
Failed of Influence.
Provision Made for Direct
Vote for u. S. Senators and
Municipal Ownership.

oklahoma is going to have the most
modern constitution in the world" said
Joseph J. Shea. lawyer Of Bartle. l. T.
who is here on business. THE story
OF progress in constitution making is a
romance to one really interested In Il.
The Australians had said the last word,
down to their time, in the instrument
which forms the basic law of their fed
Grafton; but oklahoma hopes to make
some improvements that will still fur
Their safeguard the essentials Of democ-
racy.
THE railroads and some other inter
ests made determined effort to get
hearing in the constitutional convention.
and they are getting fair play: but con-
troll has been denied them. The Stan
dard Oil interests likewise made early
efforts to get in their work, but ap-
parently they have failed. At least the
work done thus far-and II is nearing
its end-certainly justIhes no suspicion
that any Interior interest has had undue
influence
I'VE will have. by the constitution, the
initiative and referendum, with a pro-
vision that 10 per cent Of the voters at
the last preceding general election may
Initiate or refer legislation. This refers
10 both the State and municipal acts.
The people of n city can repeal the acts
OF their council. or may pass acts that
the councils refuse TO pass. Likewise
those Of the State may repeal legisla-
ton passed by the Legislature, or pass
that which the Legislature neglects.
Elect Senators Direct.
"a Statewide simultaneous primary
of all parties is provided. to nominate
all officers from United States Senators
down. In addition to this we will vote
for the Senatorial candidates direct. at
the polls. IL comes as close 10 direct
election Of Senators as It possibly could.
though of course under the Federal
Constitution II is still necessary that
the Legislature do the legal elecung.
"A 2-Cent railroad fare is fixed as the
maximum that may ever be charged in
the State. but it IS Of course provided
that the Legislature, in its discretion.
may reduce this
The Legislature is prohibited from
ever placing. by law. a limitation on
the amount Of damages that may be
recovered in personal injury cases. In
many States the corporations have sue
ceeded in getting such limitations into
the statutes. They will not do 1t in
Oklahoma More than this, we adopt
Allt uOIAAAilt u Ntlil lcAi eAlNt AtEll EtAlNt
lat is, when injury results from negli-
gence of both the injured person and the
employer, the person injured is not to
be denied recovery. except in the event
that his negligence. compared to that
OF the employer, shall be held respon-
sible for the accident: and the jury is 20
be the sole judge on this point.
Separate schools coaches. and wait
ings are provided for the two races.
Has Defed President.
cit is provided that all civil power
must be exhausted before there shall
ever be recourse to the militia or appeal
to the Federal Government for protec-
ton in cases of industrial disturbances
Of any kind. II was in connection with
this provision that the convention
adopted the rule that private armies
Plnkertons. etc.-should not be given
powers of peace officers II they are used
I'm the State. This offended The Presi-
dent. and he sent his famous ultimatum
that unless II was changed he
would not issue the proclamation
admitting the State. Well, the conven-
ton hasn't changed 1t, and I don't think
there IS any possibility that It will The
President, when he fully understands
the matter. we are confident will not
withhold his proclamation.
There IS an anti-pass provision that
not only bars the taker Of n pass from
public office, but makes him thereafter
ineligible within the State In the mat
ter Of municipal ownership the most
liberal provision OF power for cities is
granted There Is a debt limitation as
other States have; but II Is provided
that this shall not apply to debts in
CURED for the provision Of public facil-
Ity plants. whose income shall pay the
interest on debts incurred in their pur-
chase or construction. There shall be
no exclusive franchises, and none shall
be given free: they must be sold at pub
lie bidding to the highest bidder.
Railroad Rate Law.
.--Then we will have the best railroad
rate law in the country-all written into
the constitution. The railroad commits
sion IS given plenary power. The rate
It fixes as just and reasonable shall go
into effect at once. and may not be
suspended pending appeal = must re-
main I'm force till an adverse Judgment
is secured in the supreme court
Asked about the probable Senators
from the new State. Mr.. Shea said they
would be Democrats. and that only one
Congressman of the five would be a
Republican. He thought likely NJ. l..
Turner, Of Oklahoma city. would he
the Senator selected for Oklahoma He
is the banker who a few years ago gave
the Eastern financiers something to
think about. by buying an issue OF sew
eral millions Of dollars of Philippine
bonds. and making a fortune out Of
them. Indian Territory will get one Sen
ator also. Henry Furman. Of Ada,
lawyer; Robert owen. one-fourth Cher
okee Indian, and attorney for that
tribe: Martin Rutherford Of Muskogee.
who was United States marshal in the
carly days and a terror TO eviIdoers;
Pleasant Porter. chief of the Greeks.
and rhTee-fOurths Indian blood; Dr.
Fste, Of MuskoEee, and G. y. Haskell,
OF MuskoEee, are all strong POSSIBLE
ities in the Indian Territory section.
HHaskell. by the way" said Mr.. Shea.
''is an ex-Ohioan, and IS often referred
TO as the boss of the constitutional con-
vention. He is a brilliant man and
fully in sympathy with the idea Of Civ