The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-09-04
INTEREST ATTACHES TO DATA
OF NEW STATES STATUS.
MUST Be REPRESENTATION
Does State Existence Date From Time
The Constitution is Ratified by the
People or From the Date the
President so Proeiaims ~

/ state being admitted to the Union
| Is much like trying to draw the distin.
/ gushing line between two sessions
{ of congress when one dies and an.
| other begins as the result of a legal
requirement II would seem proper
/ from wording of the oklahoma enab-
I ling a,, ,uit the new State would
/ bee a fun nedged member Of the Union
only when tn Presidents proclama-
. Ton is issued. which. under terms
/ of The act, may not bc prolonged long
/ yr than twenty days from the re-
coipt OF the vote, etc, at the executive
office. There e. an opinion, however.
/ that the States existence dates from
/ the time It's Constitution is ratified
I by the people The Constitution pre-
scribCs that the terms Of offices M.
ed by election at the time the Con
stitution is adopted begin the day the
state Is so proclaimed by the Prcsi-
dent It is contendrd. nevertheless,
that Oklahoma will have no entity in
the Federal Union until Congress re-
ccives its Senators and Representa-
tives and grants them seats.
While in no way probable
should congress fail by reason
of constitutional objection
to grant recognition to the
new SGnators and Representatives
after the President had issued his
proclamation, 1t is freely admitted de-
tcrmming how long Ann had been on
earth would be an easy task compar-
ed with establishing the new States
legal status.
Expounders OF Constitutional theor-
les and writer's OF constitutional his
tory explain that without representa-
tion in Congress statehood is mis-
nomer. Such a condition. however,
has never come to pass. and the In
frequent instances where Congress
has refused seats to Representatives
and Senators are usually based on
the Illegal action of the so.called
State to begin with. II not that then
because the new commonwealth un-
exp, ctedly encounters the executive
veto Such was the case OF both
Colorado and Nebraska when Presi-
dent Johnson refused to sign the first
bills admitting these States. New
Mexico made an attempt to break in
to the Federal Union, but was refused
on the ground of not being ready.
Scquoyah, the traditional name ap-
piled To Indian Territory, was simil-
arly treated. because, Its people had
no other warrant for acting than a
| treaty agreement made century
ago" Au additional reason was its
unrcndiness.
Wien State applies for admission
II has been the rule to do so through
the executive office. II the power to
admi, lies with the executive officer
/ he may or may not comporting with
| his public proclamation, accept the
cred ntials Of Senators and Represen-
tatvcs, but in any event following
the precedent notifies congress by mes
sage. II power is not lodged with
the President by the enabling act, the
credentials, together with copy OF
the now states organic law. are
transmitted TO Congress for accept.
anoc or rejection. Where n state
asks admission without any prior
authority from Congress, the latter
has always been the procedure.
Stree 1860 twelve new States have
been received into the Union and In
seven Of these the President has been
arbitnr. Abraham Lincoln brought IN |
Nevada and West Nireiua. IN the !
Nevada proclamation ne announced |
at The Constitution was Republican |
i'm form, which is, perhaps, the first
case Of record where, the executive |
was clothed with such determining |
power. For West Virginia, whero |
there had been no enabling act. he |
merely published shat the State had
complied with the provisions about
the boundaries imposed by Congress,
saying nothing about the Constitution
It had adopted.
President Grant in proc'aimius
Colorado state I'm 1876 had nothing
to say about the organic law other
than il had been accepted by the peo-
al. ,f "a, st,t., ,HtI,,..I ,..,,4t,,., at
the enabling act was construed as
recognizing him as the judge.
In ths case OF North Dakota, South
Dakota, Montana and Washington.
brought in under the omnibus bin"
President Harrison accepted full au.
thorty under the terms of the act to