The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-10-17

dUu IfENldlOno as lHt itblaltlul' "
the state Of Oklahoma may prescribe,
What did congress mean when IL
used the term legislature iu the EnaO-
ling Act?
Did congress attempt TO specifically
define Of what the legislature Of the
state OF Oklahoma should consist?
Did congress. in any manner 81 said
Enabling Act place any limitation up
on the term Legislature? ! think not.
IFcnpei ia intefpretipg thislw wogd With
rcfcrcncc to The provisions Of me En-.
abling Act. il must be construed IN its
broadcst and most liberal sense with
reference 10 The subject matter
Standard authorities inform us that
the word legislature means the body
of men in the state or kingdom inves-
ted with the power to make and repeal
laws-the suprcRle lawmaking power
OF state:' hence IT necessarily fol.
lows that it was the intention Of con-
gress that the school lands should be
sold and disposed Of under such rules
and regulations as the legislature and
law making power Of the stale might
prescribe.
It Is provided IN the enabling Act
that there should be serctcd delegates,
should convene and prepare a cOusti-
tuition TO be submitted TO the people
If the proposed State OF Oklahoma for
or rejection az an election
70 be held for that purpose, and after
he holding Of such election the result
hereof. together with the constitution
ind ordinances should be submitted to
he President Of the United States,
md If il appeared to him that the con-
titution SO adopted by q majority Of
he people voting at said election was
republican form, he should, within
wenty-one days, issue his proclama-
Ion declaring the State OF Oklahoma
IN accordance with the several pro-
-isions OF the Enabling Act relating to
he procedure and manner OF adopting
he constitution and pr0clalming sta,c-
1ocd, the said constitution was sub
nitted to the President and was ap-
roVed by him and this approval in ef-
oct sanctioned cur method OF making
he laws and recognized our law max
ng powers, as provided for IN the con-
,itution Hence. ! take it for grantei
, discussing this subject that the pro-
i3ions Of the constitution in relation
MT any limitations; that said term as
ugnant and in conflict with the terms
+ the Enabling Act are effective and
n view Of The fact that the congress
Il the United States In using the term
legislature as contained Ia the said
nabling Act. used Il in it's broadcast
nd most significant sense, and with.
ut any limitation. that said term az
herein used means the law making.
over of the state, Hence If this reas.
ming be correct. the conclusion neces-
arily follows that If the people are
no law making power Of the state,
hen in the event Of the adoption OF
his proposed bill none OF the condl
lons or terms therein contained VIII
e in conflict with any Of the proyi-
ions OF the Enabling Act
Under our constitution wherein does
ne supreme power or the power TO
iake laws reside?
In section of article V of the con
titution II is provlded: THAT legis.
We authority OF the state shall be
ested I'm the legislature, consisting
the senate and house Of represcn
ltiyes, but the people reserve 10 them.
elves the power TO propose laws,
mendments to the constitution, and
nact or reject the same at the polls
dependent OF the legislature; ana al
, reserve power at their own option
approve or reject, at The polls, any
ct of the legislature"
IL is evident that the term "iegisla-
ne as used in this section Of the
onstiulion " used IA res5rc.el
anse, aud moi Ia THIS broad ana pnre-
-ricted sense IS ussd IN lhq @n.lblipg
-
As bsfore sia "a the lsga logtla-
are IN the enabling act eyidenil}
ieans the law making power Of snc
tate, and as used in me constitution
leans part and coordinate branch
the law making power Of the state.
he other branch being the people.
.ence the law making or legislative
over of the state being vested ~ TWO
odies, eo-ordinance and parallel IN
heir powers. the one the legislature
omposed Of the senate and house oi
representatives., and the other, the peo.l
ae constitution the laws made Dy ile
eople have the same force and effsc.
the laws made by the legislature
Now permit me TO ask what higher
over or authority can there be Ia
ne state than the express viii OF the
eople, given in due ana solemn form?
'nder our system OF government the
qpremc power resides within The poo
le. and the people have delegated ccr-
lin other powers TO coordinate bOlv
tyled the legislature. but such dele
alton Is not full and complete AMI
either does il prohibit the people
rom making laws. because there is eS-
lressly reserved the right TO the pc0-
,le themselves of the power 90 pro
'ose laws aud amendments 10 The con
tiluiim and To enact or reject The
'ame at the poll, independent of the
legislature. aud this reservation Of
lower hy the people Is coustitutlopal