The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-11-30
CRUCE DECLARES
MEASURE ADOPTED
Board of Agriculture Recall Bill Now
Part of the statutes-Legatity
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-
culture could not be properly started
or maintained by 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 proclamation
declaring the amendment adopted.
1t is alleged by the plaintiffs in the
case chat 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-
pense on the taxpayers.
The questio nof the constitutionality
of the bill did not enter into the de-
cision made by Judge Oldfeld, who
held that an action to prevent unnec-
essary expenditures of money by state
or other officials should be brought
by a 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 II
they wish to do so; but it is not known
whether the case will be appealed.
Majority of $4,000
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
hoard took the totals down to Cover
nor Cruce and the latter issued MS
nroclamation as the constitution re-
ouires declaring the measure to ha's
carried. The vote for the bill, accorc'
ing 10 the proclamation was lO4'99o
for Ga 636 against. The total consu'
tutional vote taking the highest pres
idential electors of the four parties,
was 254. 352, thus leaving the measure
constitutional majority of more thah
$4,000 votes.
There are two decidedly different
oninions as to the immediate effect oi
the new constitutional amehdnieA''
Senator Campbell Russell of Warner
author of the measure, asserts tAat
If abolished the present board oil ayr.
cuIture the night of election day anu
Ne has written both the attorney gen
eral and the state auditor protesting
the payment of per diem and expenses
Ior members of the board after NoTem-
Der 5. ,
other constitutional experts deny
this recall virtue in the bill AMI say
That the present board of agriculture
remains in existence until successors
are elected and qualified which can
not be within less than seven weeks
,eaoa os the constitutional amend