The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-01-01
LARK RULING
ON ACC|E BOAR.
ISEATs THE GOVERNORS A
2olNTEEs, DECLARES PERsr
GER- R-ELLIOTT FACTION LEGAL

in conformity with the mandate
uirements, district judge Geol
Clark Wednesday mseated
te board of agriculture compos
five members appointed by GOV,
Cruce and declared the Pers.
r-ElliOtt board to be the lega
isttuted state board Of aEr.cultu
Oklahoma.
Judge Clark, Immediately a.
stnS te Ramsey Da by boaId
,inted by Governor Cruce, granted
lpersedeas order staying the efle
the judgment until his decision
lssed upon by the state sumen
)urt. Attorney General Charles Wos
epresenting the board appointed l.
Governor Cruce, stated to the cCur
hat he thought b. could perfect hi
ppeal within ten days.
Attorney Freeman Miller of still
water, representing the Ewcrs- White
board, was not in court Wednesday,.
and Judge Clark said that Attorney
Miller would be notified that if tie
board he represents desires to con-
tinue the contest with the PersIuspr-
Elliott board in district court. he
would have to institute separate
suit against the Persinger- Elliott
board, which was declared by the
court to be the regning board.
Who's Who.
As the matter now stands the stat,
board of agriculture is composed OF j
II. Persinger, Roscoe Thomas. i. G.
Elliott, l.. G. Griffin, Robert Scivally.
George w. Vincent, George II. Kinds.
J W. T. Leahy and J. y. Roach. The
board appointed by Governor Lee Cru
| ce is their only contestant in the su-
| preme court, the board of five an
| pointed by Governor Lee Cruce will be
eliminated as claimant and the on
| ly board that can question the legal !
existence of the Persinger- Elliott !
board will be the Ewers White board. |
represented by Attorney Freeman
Miller and which was elected by one
Of the two factions at the saltwater |
convention last January at the same |
time the Persnger- Elliott board was
elected by the other faction
Election Void
In Ousting the board of five appoint
ed by Governor Lee Cruce following
the election held last August, Judge
Clark held that the mandatory pro-
visions of the constitution providing
for the holding Of an election on ques-
tions which proposed to amend the
state constitution referred to specify
that proposed amendments to the
state constitution shall be printed in
pamphlets which shall contain argu-
ments for and against the proposed
amendment and that the pamphlets
shall be circulated among the voters
The mandatory provisions also pro
vide that forty full days shall elapse
after the submission of the proposed
before an election shall be
held and that when the measure is
submitted by the legislature to the
people for ratification that the legis
lature itself must have first indorsed
the measure by passing it on a yes
and no vote.
Both the Persinger and the Ewers-
White board based their arguments
on the allegation that when the le-
gislature last winter proposed to sub
nit to the people the proposition to .
amend the constitution by reducing
he number of members of the state
board of agriculture, it passed the
resolution submitting the matter to
4 vote of the people without having
irst enacted the measure itself. The
wO boards cOntended that the resolu-
ion standing alone was rogationary
only until vitalized by the legisla-
ure itself going on record by yes
md no votes as favoring the meas
ire. The two boards cited the fact
hat when the Legislature submitted
o the people the question of repeal
ng section 8 of article six which was
lone by the last Legislature and vot-
ID upon last August, the Legislature
tself after having passed the roga-
ionary resolution, supplemented it by
,oing on record by yes and no votes
IS fayoring the proposed constitution
Il amendment.
Judge Clark stated when granting
he supersedeas, staying effect of his
'uster judgment, that the restraining
rider recently secured by J. II. Con-
lell, B. c. Pittucl and C. | Bray
would remain intact and that the Dar-
y-Ramsey board would refra a from
ttempting to remove the three from
he faculty of the A. and VI. col