Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1916-01-21
MESSAGE TO THE
STATES SOLONS
Seven Subjects Covered in Message.
Highway Legislation Included in
the Matters That May be Handled
BY the Extra Session.


BY the Extra Session.
Seven general subjects are handled
in the message by Governor Williams
submitted Monday morning to the
extraordinary session of the Legisla-
ture, which convened on that day.
Only those subjects which the Gov
ernor has recommended may be dealt
with at the extra session.
The first subject handled is that
of repassing the gambling laws made
unconstitutional recently by a decis-
ion of the Supreme Court. The Gov
ernor wants the re-enactm ent of the
gambling laws with the emergency
clause attached.
Following a discussion of the gross
production tax law, the Governor rec
ommends the passage of a changed
bill that may result in diverting into
the State revenue fund some $780,
900 now held up pending the settle
ment of suits in the courts under the
lew as it now stands.
The discussion of the usury matter
| is voluminous, and recon nends the
passage of a law providing for a
maximum legal rate of interest of six
| per cent, and the maximum contract
rate of ten per cent. In addition,
that a graduated principal incidental
fee TO be charged on chattel loans
amounting to 500 exclusive of in
| terest. the minimum incidental fee
to be soc. This graduated incident.
al fee, however, to be safeguarded in
such a way as to prevent abuse and
the avoiding of the interest laws by
means of subterfuge.
BY way of penalty for violation of
the usury law, the Governor recon-
mends that chattel loans securing
amounts up to $500, exclusive of in
| terest, wherever a rate of interest
and incidental fee is charged or con-
tracted for in excess of the amount
permitted by the internal statute, the
filing of the mortgage shall not op-
crate to create a lien in a civil or a
criminal proceeding; that in addition,
that the party paying the excessive
| interest, or his legal representative
may recover from the party collecting
same twice the amount of interest so
paid, and that it shall be the duty of
the County Attorney to bring such ac-
tion in the name of the State for the
use and benefit of the party paying
such excessive interest, in each ac-
tion to be taxed as part of the costs
fee equal to 10 per cent of the
amount recovered, provided in no
case shall fee be less than SO, one
half of said fee to be paid into the
road fund, and the other half to be
retained by the County Attorney as
his compensation; that where this act
is wilfully violated with the consent
and knowledge and ecquiescence of
the board of directors of a State bank
the Governor of the State may re-
Quire the Attorney General to bring
an action in the District Court of the
county in which the State capitol is
located to have the charter of said
bank cancelled and the bank liqui-
dated through the Banking Depart
lment as in the cases of insolvent
hauks; that in all actions brought to
foreclose chattel mortgages or for the
possession of chattels, by virtue of
a chattel mortgage, where the origin
al debt secured by such chattel mort
gage, exclusive of interest, does not
exceed $500, the plaintiff be requir-
ed to allege and prove that he has
not violated this interest act, and
where the proof shows a violation OF
this act that the lien be forfeited.
u The situation in the Highway De-
! ipartment is dealt with, and some OF
the shortcomings of the highway laws
lare requested to be remedied. OF es-
pecial interest is the recommendation
!. that County Commissioners of the
, counties may, instead of employing q
county engineer, as provided in the
existing law, secure the engineering
to be done by the State Engineers
office, the county to pay the actual
cost of such work.
The message then recommends Z
, law whereby the Stae Board of AT
, fairs may take coal leases and pu
convicts from the State penitentiarl
to work mining coal whereby to fur
nish fuel for State institutions, anC
sell what surplus is mined in the opel
; markets. There is much opposition
!. to this proposed legislation, especial
. ly on the part of the miners organi
cations.
The recommendation for an appro
priation to install twine plant a
- the penitentiary is also included, t
9 be operated by convict labor.
a The final recommendation is tina
9 Of taking steps to supply representa-
n tives and senators for vacancies t
- lcok toward the earliest adjournmen
C possible.