The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-01


Act as TO the indian Territory and. the
other Indian reservations was lf,ni-
"a ion upon the power Of tho Legislature
IN dealing with such traffic then. 80
iar as that portion Of the state not
comprised IN the indian Territory and
the other Indian reservations. would tho
legislature have been limited IN the way
view Of such provis.On, as long as the
same Vas IN force.
In section 1, article tBunn's Ed sec.
1i) supra, tue icgislo i've authority Of
the state is vested IN "a legislature. cons
sisilnR OF the senate ana mousse OF rep
reseutatiycg; but the people reserve 10
themselves the power TO propose laws
and amcndme fts 70 the constitution,
and TO enact or reject the same at the
polls Independent OF the legislature, and
also reserve power ct their own option
to approve or reject at the polls any act
Of he legislature.
section Z, article 8 Bunu's Ed. sec.
6ll. OF the constitution. provides that
the reservation Of the powers " the
Initiative and referendum In this article
ikall not deprive the legislature OF the
Ugh, to repeal any law, propose or pass
my measure. which may be consistent
with the constitution OF the state and
he cong i,ut on Of the United states. -
II the contention Of the respondent
be carrcct that the prohibition ordn-
inc6 CBunns isd sec 4pg y. 1881 IS "
limitation upon the power Of the leg
stature to enact any additional leglsla-
would be taltamo.at 10 also SAYING tliat
ID would be a limitation upon the pow
Pr Of the peo2l 10 initiate law relat-
ing thereto AID the only way to have
any additional iegislton dealing with
he liquor traffic would be by amend
ment 10 the constitution. either initiated
y the people or submitted by the leg
legislative measure ini lated by thu
1eOpie vii lnOt take effect ana be IN
1rcc until Il has been approved 10y a
majority OF al the votes cast ai such
General election tscciioa 8, article 5.
3unns Ed sec $50 Also amendments
proposed, either BY the legislature or
~ the inltla I've. when submitted at a
General election do not become part
{ tho constitution unless majority
Il the electors Votin. 90 such election
han vote IN favor of the sime tSec-
ion /, article -, Buln's Ed. sec. 4i6).
( the legisla i've act Ia initiated by 9eti-
ion, such petition must contain eighi
Der cent OF the legal voters, and II the
proposed dmendemnt Is initiated by peu-
tion. fifteen per cent OF he legal voters
S required the only differences In
idopting legislative act and "a consu-
utional amendment By the Initiative.
$ the number of the petitioners ie-
uired Yet II the construction contend
a FOR by the respondent - adopted,
tiurditles would follow. Whenever
proposition contended for under a lOgi-
n casec OF doubt or ambiguity. it Is not
% be presumed that such ! conslruc-
lion was ever contemplated by the
ramers. CoOley's Const Linn. 9th Ed
.. lC9; McMulen vs. Hodge. 3 TEX. 30.
The power be ng reserved 10 tile peo-
lie 20 propose laws ana amendments TO
nc constitution, and te enact or re-
ecf the same at the polls Independent
f the legislature. and all TO approve
,jcct any Of its acts 'it the same
line it being stipulated that the rcser-
alton Of such power should net deprive
ne leg stature OF the. right TO repeal any
uch law. or 10 propose or pass any
measure which otherwise might be con-
stent with The constitution of the state
and OF the United states. to avoid an
nose perplexing constitutional questions
which have arisen in other states rela-
cyc TO restrictions by implication Of leg
slative power, IS an addiuonal reason
or inducing The enEafiing of the pro-
vision contained In section 36, article
Bunn's ed. sec. 1O9), supra.
D.
Does said act violate the provisions Of
section 4, article iBunn's I'D. see. 1Bl
OF the constitution of Oklahoma, or OF
he 18th amendemnt 10 the constitution
II he United States, In tina. no pro-
vision Is mpde for any legal notice, con-
tructivc or otherwise, OF the time aud
lace, or the person or tribunal before
whom the hearing shall be had TO de-
lcrminc whether or not the property
taken under the search warrant shall
,e forfeited2
ic. aVes, a cour. With eTectual jur-
! ;dictioh In any case the thi1E IN con-
rpyCrsy. or the parties 10 snch act on
luft be subioctcd TO the process OF IN,
Juut. Certain cases may proceed
I'm. notice eing taken rather OF the
ming in controversy than Of the parts
oucerned. und the process - TO be
.erved upon that which Is the obiect
II the action, without special reference
" notice TO the parties Interested. In
such proceeding In rcin substituted
service may be provided by a.ute M
such casel In the form OF notice
published in the public journals, on
posted. as may DE directed by statute
The mcde being chosen with "a view a.
bring II home, II possible. 90 the kDowl-
edge OF the parties being enectcd, ana
20 give them an opportunity to appear
and defend, aud the power Of the lesis-
hture TO prescribe such notice ana giv'
e effect as process, rests upon the ne
rccugn zed aud acted upon Such no.
tice. however. is restricted so as TO en-
able the couli TO give effect 10 the pro
ceeding so far as Il is one In rem put
whenever the res Is disposed of the au.
thoyity OF the court ceasea. and such
lotice can not be made available foi
additional purposes Wnen the leg =
ature pTescribcs g kind Of notice hs
which Il is reasonably probable that the
party proceeded agains, viii be upprisec
II what Is going on against him, and az
opportunity Is Afforded him TO defend.
The courts win not exercise the power
10 pronounce the proceeding Illegal
cooleys Const. Linn (7th Ed pp. $50
lSl. $50. $685.; Borden vs.. State, Eng
.la; Rockwell vs.. Nearing, 35, N. Y. s02;
Happy vs.. Mosher. ct al, 4S n. y az
Miller w. Burlington. &c. r Co, 20 n
T. a31, B.kenherry vs.. Edwards. 81 Ia
is2; Gilchrist vs.. Schmidllng y kas.
.t-, PennoYer vs. Nem 80 Il. $. 54a,
Beard ct al, vs.. eBart, 81 Ind 32i; cup
Z al. VS. oCmmlss oncrs, cd al. 10 OhiC
81. Rep, lsi; Fisher vs.. McGrr. ! Cray
\ 81 Am, Dec 3Si.
Under section g. article B. OF the "En-
forcing Act under certain conditions
I Is the duty of the Judge or magistrate
o issue wara drec cd to any Of.
! icer OF the county whom the complain
lnt may designate having power O,
serve criminal process. commanding hin
20 search the promises described anc
( designated in such complaint and war
-ant, and 20 seize all such liquors there
/ 0und together with the vessels u
/ which they are contained and all i'm
dement's furniture aud nxtures used o.
/ Sept for such illegal manufacturing, sell
ng. hartcrng, giving away on utherwis'
/ furnishing of such liquors, and satcla
/ cen the same, aad 10 make return with
/ thrcc days OF such waimnt showing
| an acts and things DOM hereunder
! viih a particular stnfemcnt OF an pro
rty sciScd. OF the person or persons o
/ whose possession q was fo,nd. II any
md n no perspn be found in the posses
tlon OF said property. his roiurn sioul'
1 SO state.
Kew II sucn o warrant Is served up
I lu the oWncr or party IN possession
" such liQcurs indicating and uescrin
f.ssl.f., ltl..I slrfa. .,s