The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-15

"a constitutional convention Is al
legislative body OF the highest order
II proceeds by legislative methods
It's acts are legislative acts Its func-I
tons is not to execute or interpret
laws, but TO make them That the
consent Of the general body Of elect
ors may be necessarily 10 give effect
to the ordinances OF the convention
no more changes their legislative
character THAN the requirement of
the governors conse.t changes the
nature OF the action Of the senate and
assembly"
The result OF this ordinances irrevo-
able adopted by said convention,
which to make irreyocable did not
require he consent Of the body of
the electors, was to enact law,
binding upon the people Of the state
when admitted into the Union. in
terms that the capital Of the state
shall temporarily be al the city OF
Guthrie, In the Territory of Oklaho-
ma, and shall not be changed there
from previous 10 Ammo Domini Nine
teen Hundred and Thirteen
Florida Case cited
That such was the effect of an or
dinance similarly adopted was held
IN Benncr ct AL, v. Porter, 8 How. 235
In that case the people Of the Terri
tory of Florida claiming right to
admission into the Union met In con-
yention and adopted their constitu-
tion without referring the same to
the vote OF the general body of elect
Cra, January llth, 1889; but II was
not acted upon by congress until
March B, fs45 II was then accepted
and said Territory admitted. No con-
ditions we're imposed except that she
should not interfere with the disposal
OF the public lands nor levy any tax
on same while they remained the
property of the United States. In or
der TO avoid Inconvenience or delay
in the organization of the govern
ment. the convention adopted an or
dinance in part, That all laws and
parts of laws now tthen) In force or
which may hereafter be passed by
the governor and legislative council
of the territory of Florida not repug.
nant TO the provisions of this constl-
tuition, shall continue in force until
! by operation OF their provision or
Limitation, the same shall cease to be
in force or until the general Assem-.
bly, of this state shall alter or repeal
the same" The court said.
ut will be seen, therefore, under
| this ordinance of the convention
that, on the admission OF Florida as
state into the Union, the organlza.
tion Of t1e government under the new
constitution became complete; as ey
cry department became filled at once
by the adoption of the territorial laws
and appointments of the territorial
functionaries for the time being.
The convention being the fountain
OF all political power, from which
flowed that which was embodied in
the organic law, were, of course, COM
potent 10 prescribe the laws and ap
point the officers under the constitu
tion, by means whereof the govern
ment could be put into immediate
operation, and thus avoid an inter
regnum that must have interveis1. il
left to an organization according Ia
the provisions Of that instrument
This was accomplished by fsw iines
adopting the machinery OF the teri
t0rial government for the TIM being
and until superseded by the agency
and authority of the constit rol it.
self"
From which we learn ns' by an
ordinance adopted by tha is'slates
il institutional conventia1 as am
he'd. the laws of the feritOry ..
Florida then in force and thereafter
enacted, il any, were continued Il
force throughout the state, after ita
admission into the union. and oi
course, until they expirel by thelI
own limitation or were rrreaied
were binding upon the people OF the
state.
Ca,1 Of Frantz rs. Autry
To the same effect in Frant7 rs
Autry, supra, the court in Speaking
of the limitations of the convention in
the syllabus said:
"The convention has. and can ex
ercise plenary powers, subject to the
! Limitations and restrictions that the
constitution shall be republican, in
form, that il shall not be repugnant
to the constitution of the United
States and the principles of the Dec
laration OF Independence. that no dis
tinetion shall be made on account oi
race or color, and that the conyen-
lion shall by ordinance irrevocable
accept all the terms and conditions
in the enabling act"
And i'm defining an ordinance:
IAN ordinance, as used in this act
means law which is essential TO car
rying into effect merely the object
| for which the convention was created
Such an ordinance. when once adopt.
ed by the convention, has the force
and effect of law
In that ease, pursuant 10 authority
conferred in the enabling act, the
constitutional convention passed an
ordinance to submit the constitution
to the people for their adoption or
rejection al an election AZ a time
fixed therein. And since the decision
In that case has placed beyond doubt
the power Of said convention so TO do
and legislate therein, which II did,
among other things. See. 8:
That the election laws of the Ter.
ritory OF Oklahoma now in force, az
far as applicable and not in conflict
with the enabling act, including tn
penal laws of said territory relatias
to election and Illegal Voting, ATE