The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-12-06
.CRUCE DECLARES
MEASURE ADOPTED
Board of Agriculture Recall Bill Now
Part of the Statutes-Leeality
Undecided

/ Oklahoma City, Nov. 80. - Holding
that an action to prevent the state
election board from certifying the Off
cial returns on the Campbell Russell
bill recalling the state board of agri-
Iculture could not be properly started
or maintained by a taxpayer, or by a
member of the board, Judge Edward D.
Oldfield in the superior court Friday
refused to grant the injunction against
the election board and the secretary of
state. Immediately afterwards the
returns were transmitted to Governor
Cruce and he issued a proclamation
declaring the amendment adopted.
1t is alleged by the plaintiffs in the
case that the bill was unconstitutional
for the reason that it would deprive a
portion of the electors of the state of
the privilege of voting for members of
the board of agriculture and for that
reason it seeks to put the present mem
bers of that board out of Office before
their terms expire and would make it
necessary for the present members
of the board to again become candi-
dates if they wish to hold an office to
which they already have been elected
| Therefore, the claim was advanced
that the election board should be en-
joined from certifying the returns on
the bill because the work would go
for naught and would be an extra ex-
lpense on the taxpayers.
The questio nof the constitutionality
of the bill did not enter into the de-
cision made by Judge Oldfleld, who
held that an action to prevent unnec.
essary expenditures of money by state
or other officials should be brought
by county attorney or the attorney
general of the state.
| The plaintiffs in the case were
granted time by the court in which to
make an appeal to higher courts if
they wish to do so; but it is not known
whether the case will be appealed.
Majority of $1,000.
AS the last counties reported the
official returns on the bill Thursday
as soon as the courts decision was
handed down and the temporary re-
straining order dissolved, Secretary
Ben w. Riley of the state election
board took the totals down to Cover
nor Cruce and the latter issued his
proclamation as the constitution re-
Iquires, declaring the measure to hGVs
Icarried. The vote for the bill, accord,
| ing to the proclamation was 164,530
for, 1886 against The total consti-
tutional vote taking the highest pres
idential electors of the four parties,
was 254, ,352, thus leaving the measure
constitutional majority of more than
81 900 votes.
There are two decidedly different
opinions as to the immediate effect of
the new constitutional amendment
Senator Campbell Russell Of Warner,
author of the measure, asserts that
it abolished the present board of agri-
culture the night of election day and
| he has written both the attorney gen
eral and the state auditor protesting
the payment of per diem and expenses
iof members of the board after Novem-
ber 5.
Other constitutional experts deny
this recall virtue in the bill, ami say
that the present board of agriculture
Iremains in existence until successors
Iare elected and qualified, which can
mot be within less than seven weeks
hence, as the constitutional amend
Iment provides that within three weeks
latter the governor has issued his proc
lamation, county delegates shall be
Ielected at county institutes, who shah
meet at Saltwater four weeks later
and there elect ten members of the
board of agriculture, The amendment
certainly saays nothing about recall
ling or abolishing the present board.
This question already has been for
mally presented to the state authori-
ties.
West Advises Delay.
George w. Vincent, the same mem
ber of the board who brought the ac-
ton for injunction, several days ago
filed with State Auditor Leo Meyer
an account of expenses since Novem-
ber 5, to see whether it would be paid.
The auditor addressed a letter to the
attorney general, asking whether or
not a warrant should be issued to Vim
cent for the account Friday Attorney
General West wrote the following an
Iswer:
Until the vote on the initiative
state question No %, (Which is the
bill in question:, is canyassed, I adj
wise against disposition of the Vim
cent claim either way" While this
answer appears non-committal on the
fooo oe ~ Il ,,oxy ho thaf tbo attOrno,r