The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-07
PAGE FIVE.

thereon, vote against the measure. II
stlll remains In force as an emergency
Legislative enactment. That Is Il re-
mains IN force as a legislative enact
ment but not as part of the constitu-
ton II Il carries by majority Of the
votes cast on the question but not BY
majority of all the electors voting
at the election. II 1t Is voted for BY
majority Of all the electors voting
ut the election then II Is adopted as
amendment and the
.cesimy OF tljs mehaurc viii be deter
mined under this rnle 4a
Second. The Torrens LAM system.
Observing the rule above given. this
provision must be supported by "a ma.
Iority of al the electors voting a such
Int resolution number three submit
ting this proposition provided:
That the following proposed amend
ment to the constitution Of the state
Of Oklahoma shall be referred to the
people for their ratification or rejec-
tion,' etc etc
This provision therefore, before It
can have any operation. must be adopt
ed as an amendment to the state
constitution and In order to be sc
| must be supported By "a majority OF
1
ton"
Tnird--Location of the capital.
| This provision manifestly, If adopt
ei at ALL must be carried as an
amendment TO the state constitution.
for the state constitution, Section 497.
by ordinance irrevocablc, accepted the
terms and conditions of the enabling
act OF congress permitting the form
ing of a state government in Oklsho-
ma, and tnat enabling act. IN Section
thereof. provided;
The capital Of said state shall
empora-ily be vt the city OF Guthrie
N the present Territory of Oklahoma
md shall not be changed therefrcm
,reviau So Ammo Domlnl 1919"
SO. without discussing the question
" to whether this provision can. un-
Ter It's terms of lrrevocablIity, be
,mended at all. It IS patent that the
'nendment proposed Is and must he
proposet as an amendment to the
constitution, which It's own language.
vs. follows. states:
THAT the following amendment to
nc constitution " the state of Oh
ahoma he and the same IS hereby
proposed"
AMI under the constitution. In order
y be carried must be supported by
a majority of all the electors voting
{ such election"
Therefore. In order that this amend
lent may be carrieh u must have
otlng for Il a majority Of all the
lectors who voted at the electioi
lsi Tuesday and il will not be car
ed art cannot be declared carried
non its appearing that majority of
hcse woo voted on the question
ntcsl yes" but II must also appear
hat majority Of all who voted at
rresday's election voted for the pro
lsion.
Fourti-"Now Jerusalem
This Is question submitiei nm.
ar the roferenium powers given IN
re state constitution. II Is neither
set OF tho legislature nor an
Nendment to tho constitution, and
F.lcpfion oy the people Is mereis
test Of public sentiment on this
uhiecs
The joint resolution providing fol
ne submission Of this question simn
provided that the question sun
nitted should be. not the approval o.
4 ny particular act OF the legislature
lut the following propositions
"Do You favor the state Of Okla
/ omas selecting AMI securing q alt,
or the location Of capital city saic
5 die to be owned and controlled b!
, ma the lots therein sold FOR the ben
fit OF the state?'
This rs proposed merely as ques
ion Of state policy, AMI not as al
, amendment to the state contribution
!, md therefore 70 be adopted (whai
Il 'ver Us binling force thereafter ma
, )e) nee1s only to be carried 10 re
Give a majority OF the votes on thi
, question.
Five-Sale Of school lands.
This question Is an initiative ioRis
& atiye act proposed by tae people o
II he state, and not proposed by th
ii legislature II adopted It becomes
aw, but not a part OF the state cor
titnticn II Is submitted under Sec
, ion SO Of the state constitution. an
\ 'he vote which Il will require to adop
!, depends upon a construction OF th
ast two sentences OF tnat section
which are:
ANY measure referred to the peC
!, 'lo by the Initiative shall take effec
, md be in force when Il shall hay
n neen approved by n majority OF III
i 'otes cast in such election An
> Measure referred 20 the people by III
4 oforenlum shall take effect and b
!, n force when It shall nave been 81
~ 'royed by q majority Of the votes csu
n 'hereon, ard not otherwise"
. II Is contended by very able Law
"a yers that this constitutional Drovisio
means that where measure Is r,
terrod 10 the people b. their initi,
4 tive power, in 0-der TO take effect.
IN must be approved by majority {
y The votes cast In the election. that I,
ofl 4 majority OF all those wno voted 8
the election while II the measure !
sd referred to the people Of the state b
ov the state legislature, il neei only b
es approyi by majority OF all the vote
ID cast on that question.
"a For the present / conteus myssl
is to pass this matter up without e.
l8 pressing an opinion as to which
rs right on the construction of thos
. a. / two cpufonpaa oF tha ufat. g,t-fgg,