The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-10-26
OPINION BY ASSOCIATE
JUSTICE R. |. WILLIAMS
Goes Fully Into Election Quail
tlGdiion precedents Set
By Other States

The supreme court of Oklahoma
this morning handed own decision
in the case of Joseph Atwater vs. w.
T. Hansett, ct al, an appeal from Ok
lahoma county, In which the court sus-
tanned the grandfather clause
amendment to the state constitution,
Justi,e Williams writing the opinion,
Dunn, Cg j., Hayes and Turner, JJ.,
concurring in toto and Kane, j., con-
curing in the conclusion reached, but
disseting from that part OF the opin-
ion as to the enabling act.
The decision covers twenty-three
typewriter pages and goes fully Into
the election qualification precedenta
set by the laws of the various states,
quoting at length from a number OF
the different state supreme courts
Initiative and Referendum Provisions.
The court hold that the initiative
an referendum provisions of the con
stitutlon are not self-executing, and
tnat the spe ial form of ballot required
for amendments suggested by concur
rent resolutions of the legislature Is
moi necessary in an initiated measure.
In the case OF May & Thomas Hard
ware Co. VS.. Mayor etc. of Birming
ham, 123 Alabama 3O5 an amendment
to the Alamaba constitution had been
voted on as in our election by either
leaving the words For the amend
ment" or striking out, and the SUI
preme court held this to be proper
form.
Suffrage Limitations.
In the discussion OF limitations to
rights of suffrage throughout the Unit
ed States. the court calls attention to
the fact that on January l., 1866, prac-
tically every state in the Union had
dsqualications prohibiting various
classes of people from voting, persons
convicted oil infamous crimes. and who
had not been pardoned and aliens. As
to the educational qualifications, the
court says: can alien residing in the
United States on January |, 1866,
neither being entitled to vote in the
place of his residence nor under any
organized government where he had
previously resided or been citizen OF,
and his descendants, would also be
subject to this educational Qualifica
tion, coming within the excluded class
as of the date of January /, 1866
Further, the blanket Indians on Jamr
AIRY /, 1866, had no organized form Of
government under which they might
exercise the right of suffrage. The
Chcrokees, Chickasaws. Choctaws.
Creeks, 0sages and Seminoles had
such a government
Does Not Violate Constitution.
The court further holds that this
provision, known as the grandfather
clause, does not violate the constltu-
ton when 1t provides that the state
shall make no distinction in civil Of
political rights on account oil race or
color, as this law applies to aliens,
the same as negroes, and that an alien
coming from land where there was
no right of suffrage, must submit to
the educational test, the same as the
descendants of slaves. The court also
calls attention to the fact that negroes
who were freedmen of the descend
ants of freedmen before 1866 do not
come within this clause.
AS 10 the Enabling Act.
The court says as to the enabling
1: 1T has time and again been held
that Ii the constitution of a state con
tains any notifications of the provis
ions of the enabling act whereby the
state has been formerly admitted by
the president and congress into the
Union, that the modification contained
a the constitution controls" quoting
from a number of state and United
States decisions
y sphei court also quotes from the bill
OF rights, where its SAYS: All noliti-
cal power is inherent in the people
and they have the power to al
ter or reform the same whenever the
public good may require It, provided
such change be not repugnant to the
) constitution of the United .StatesSal
= The court also says Eyefy elesr
+ tion officer is. sworn, not only to OBJ
serve, but also to obey the law, which
includes this amendment And the
presumption Is that they will fairly
carry the law into effect.
The syllabus Is as follows:
Syllabus by the Court.
/. ta) An act entitled. An Act
carrying into effect provisions relating
to the initiative and referendum; pre-
scribing the method Of procedure for
submitting and voting for proposed
amendments 60 the constitution anu
other propositions. and prescribing the
method Of appeal from retitions filed
or from the ballot title: repeating sec
tions 8, and is Of article i. chapter