The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1920-10-25
State Questions and Initiative
. Petitions to be Voted on Nov.
End, 1920.

OF State Question No. 99. Initiative Pc
,ition No g.. The full title and text .
n of the measure reads;
the Bill Entited: IAN Act LeVyne
,ha upon the Property of Certain Public .
Service Corporations, an Annual Tax
the for the Maintenance of the Common
grea Schools of this State, Providing for
me the Collection and Apportonr,ent
Hls' Thereof, as Provided in Section IA /
eric Article 10, of the State Constitution"
Mas Be 1t Enacted by she People of the
'Ne State of Oklahoma:
,;on Section l. For the purpose of main
f,,,. tanning the common schools of this
s,,s State for the fiscal year beginning
NJ July lst next following the adoption of
dire this Act, and for each fiscal year there
cha after an annual tax is hereby levied
. upon the proptrty OF every railroad
80 company pipe line company, telegraph
40 company and upon the property Of
~ every public service corporation which
Far tbis cto+. - 49, ,' -
'."' near as may be) TO the average rate
~,.. or tax levied upon other property in
w this state for like purposes
~. For the purpose Of determining the
@ rs. rate OF levy TO be applied to the prop
80 erty coming under the provisions Of
na, this Act for maintaining common
20 schools for any tax year, it is hereby
M ''' made the duty OF the County Clerk Cl
h each county in this State to furnis
the State Auditor, in writing over hi.
"rn signature and seal, not later than Oc-
"a. tober lst, each year, a statement show
us' ing the maintenance Cor general pur.
". pose tax levy for each school dis
" tilct in his county Tor such year; and
pe the State Auditor shall add together
u the amount Of such maintenance (or
ma general purpose'O levy for each and
yp every school district in this State and
IL shall divide the result by the total
hpi number of school districts in this
yea State, and the quotient shall be held
cry and construed TO be the average tax
OF rate for this State for maintaining
OF common schc Is for such year; and
sou the State Auditor shall, in book kept
So for that purpose. extend the said aver.
DE age tax rate against all property COM
yea ing under the provisions OF this Act;
and such tax is hereby made payable
sp' 10 the State Auditor in like time as
me taxes upon other property for similar
rof purposes are payable throughout this
lea State; and upon failure TO pay, the
ths owner or owners OF such property shall
hu be subject TO like penalties as are
me now, or may hereafter be, provided by
ma law for failure to pay ad valorem taxes
AS regularly levied in this State.
Section q All taxes collected under
I'm the provision of this Act shall as col
II lected be paid into the State Treasury
ito TO the credit of the common school
wa fund OF the State, and the same shall
tiy be apportioned and distributed in like
liv time and manner as other common
wi school funds Of the State
ye Section 3. Property coming under
the provisions OF this Act shall not be
10 for into
pc purpose tax ley made by any school
II district; but .uch property shall be
ST, subject TO taxation for all other pur
in poses. including the school district
wi levy Tor interest and sinking fund"
&c the same as before the adoption Of
st this Act.
ar No one has even advanced claim
wi that the above measure is not properly
ar drawn TO make effective the will of the
W, people OF Oklahoma as expressed in
Section Ia Article 10 of the State
ha Constitution, ratified by the people OF
st Oklahoma August 5, 1913
at The enemies OF Sectior la will fight
ar this measure upon the ground that
ca Section la should not be vitalized.
w To advance such an argument is to
10 claim that the minority and NOT the
al Majority should rule.
Section la has been before the
IN people in three elections In the gen.
II eral election in 1910 this propositiol
was tpartly) before the people The
W legislature had ordered il submitted
in 10 the people for their approval or re-
a lection.
st BY leaving this question off OF the
,c regular State Question ballot and plac-
l, ing same under the names Of candi.
h, dates upon the State ticket more than
-, 100000 voters failed TO find this ques.
,v tion or TO cast their votes thereon.
!, The proposition received 10l ,636 yes"
- votes and 43l33 no votes. Failing
TO receive majority of all the votes
T.. cast in the election" II lost
I, The measure was submitted at a
:, special election In August 1918, re-
y ceiying 1880 yes" votes to 3O2s4
h no 'otes, whereupon the same be-
,r came part Of the Constitution OF
Oklahoma.
o. The Supreme Court held that the
:, section was not selt-executlng. but re-
Qure,. vtalizing legislation
Section 10. Article ) of the State
= Constitution reads:
"The Legislature SHALL PASS
such laws as are necessary to
make effective the provisions OF
this Constitution"
Not only was this plain mandate OF
Nut NbuSNlANAlNA lAuOltu uN the Leg
isature. but In 1916 the people of tho
State were asked to repeal Section
la ,6.Os3 votes were cast In favor
OF such repeal and l21.525 votes were
cast against the proposed repeal
The Legislature SIN refusing 10
obey Section 45 OF Article vi the
Constitution. the measure above
shown was initiated and Is now Ssh.
mitted to the people of Oklahoma SO
that by the power Of our own franchise
We may enact the legislation necessary
TO make effective the constitutional
provision heretofore ratified
During the seven years that have
elapsed since Section la became a
part OF our State Constitution ap-
proximately Four Million Dollars have
been diverted from school districts
which were justly equitaby and con.
stitutionally entitled to the same: and
approximately three.quartcrs of mil
lion dollars annually is now diverted
from school districts 20 which the
same righttully belongs