The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-10-25

Service Corporations, an Annual InN
for the Maintenance of the Common
Schools of this state, Providing for
tho Collection and hpportionmcni
Thereof, as Provided In section i2n-
Article 10. Of the Sintc Constitution"
be IL Enacted by the People of thc
State Of Oklahoma:
scction l. For tho purpose OF
maintaining tho common schools oi
this State for tho fiscal year begin
ming July fgt next following tho
adoption Of this Act, and for each
fiscal year thereafter an annual tax
In hereby lcHed upon the properly
uf every railroad company. pipe limo
company, telegraph company and
upon the Opcrty OF ovory public
service coronation which operates
In more than one county TN this
NtRtc; auch tax 10 be equal tas near
As may boz TO the average ratio OF
tax levied upon other properly iu
this state for like purposes.
For the purpose of determining
the rate uf levy TO he applied to
tho properly coming under the pro-
visions of this Act for maintaining
common schools for any tax year, 1t
r. hereby made the duty OF tho
County ClTi; o. each county In this
State 30 furnish tho state Auditor.
in writing, over his signature aHd
tcat not later than OetoOcr tst, each
year statement showing tho
maintenance cor general purpose
tax levy for each school district IN
hts counjy FOR such year, aud :ho
STATE auditor shan ndd together tho
amount uf such maintenance tor
general purpoSe") levy f)r each
AId every school district In this
state. and shiii divide the result
hy tho total nImber ~ school dis
frtc's In this state, ana the quotcnt
shJIl hr held aud construed 10 ho
the average tax rate FOR this state
for mSinla ininE common schools FOR
such year: aud tho state Auditor
pilail. In u book kent for that pur-
pose. extend the said average tax
rate against all property coming un-
der the provisions Of this Act. and
such tax Is hereby made payable 40
TIN State Auditor In like time as
taxes upon other property for sim
liar purposes are payable throughout
;lis s;:ato: and upon failure to pay,
the owner or owners OF such prop
erty shall be subject TO like penalties
as are now. or may hereafter be pro-
Nded oy law for failure TO pay ah
Nnlorcm taxes regularly levied In
this state.
Section .. All taxes collected under
the provision OF this Act shalt ~
collected. he paid into tho state
Treasury TO the credit OF tho COM
mon school fund OF the state. and
the same shall be apportioncd and
distributed IN like time and manner
as othor common school funds OF
the State.
Section 3. Property coming un-
der tho orov'Bicns of this Act shall
not he liable for tho maintenance
or general purpose tax lovy made
by any school district but such
property shall be subject to taxation
for all other purposes, Including 'he
school district levy for Interest and
sinking fund" the same as before
the adoption OF this Act.
No one has even advanced claim
that The above measure In not prop
erly drawn 10 make effective the
Will OF the people OF oklahoma ns
Expressed IN Section i2a. Article 10
OF the State Constitution. ratified
by the people OF Oklahoma August
8, 1918.
The enemies OF Section 1ea will
fight this measure upon The ground
that Sectien l2a should not he vital
lied. To advance such an argu-
ment IN TO claim that the minority
and NOT the majority should rule.
Section l2a has been before tho
people in three elections. In tho
general election in 1919 this prupo-
sition was cpartlv) before tho peo-
pie. The legislature had ordered Il
submitted 20 tho people for their
approval or rejection.
Ny leaving 'hls question Off Of 'ho
regular state Question ballot and
placing -ame under the names OF
candidates upon the State ticket
more than 100000 voters failed TO
find this question or TO cast their
votes thereon Tho proposition re-
celved l01,636 yes" votes and
4s,iaa mo" votes. Failing to receive
majority OF all the votes cast in
the election II lost.
The measure vas submitted at a
special election in August, 1919, ro-
ccivtng 81, $50 yes" votes TO 30,29i
mo- vo' ~ wher"upon the Same be-
came part OF the Constitution OF
Oklahoma.
The supreme Court held that the
sectio, was not selr executing. but
required vitalialnE legislation.
Section 45, Article g OF the State
Constitution reads.
ine ifslSathrc SHALL PASS
such laws as ara necessary to
make effective tho provisions OF
this Constitution"
Not only was this plain mnndato
or the Constitution ignored by the
Leg S';tu"c hut In 1916 the pooplc
OF the state were asked to repeal
Section ia, 7G,0Q3 votes were east
IN favor Of such repeal and lGT.525
Notcs wer" cast against the pro-
posed repenl.
The LEGISLATURE still refusing to
obey Section ~ OF Article 9 OF tho
c"io;t;nttur, the measure above
sh"wi was initiated and ~ now SUBJ
Iu!ti"d to tho pcople of Oklahoma
~ that ~ the power Of our own
frnncliSc We n'ay enact the lcgisln %
t!"n r"rcSStry 20 make effective tho
coR'i;iit!ouaI provision heretofore
ratified.
DTri',g the sqvcu years that have
elapsed since Section pa became "a
pO;t OF our state Constitution. ap-
proN.Ina;cly -Four Million Dollars
have been diverted from school dis-
tricts which were Justly and cquit-
ANY and Coustituiiunally entitled TO
;he E'lmr; and approximately three
Ffss- 4