Evening star., 1923-10-03
WALTON NULLlF|ES
DEFEAT BY VOTERS
BY COURT VICTORY
Decision of Bench Keeps Re-
suit of Referendum From
= Being Made Legal.
STATE CAPITOL PLACED
UNDER MILITARY, GUARD
Spectacular Election, With Little
Opposition, Shows Governors
Grip Weak.

by the Associated Press.

by the Associated Press.
OKLAHOMA CITY. Okla, October
5.-A temporary restraining order
preventing the state election board
from certifying the returns from yes
terday's special election was issued
in state district court here today upon
application or counsel for Gov. ]. C.
Walton. -.
The order was granted Immediately
after the executives petition was filed
before Judge Tom G. Chambers. jr.
1t enioins w. C. McAlister, secretary;
John p. Logan, deposed chairman;
Ira Mitchell. newly appointed chair
man, and Claude Baker, member,
from certifying the returns of "the
pretended election" to the secretary
of state. The action was brought by
Mr.. Walton as governor.
Fights Walton in Court.
At the same time, it was announced
by Campbell Russell, former chair
man of the state corporation and a
leader in the opposition to Gov. Wal
ton, that he would file imme diately
petition for grand jury in district
court to investigate official acts of the
executive. Mr.. Russell circulated the
petition on the streets early today.
The petition, Mr. Russell said. would
seek an investigation of alleged mis-
use of public funds by Gov. Walton
and also would direct an inquiry into
the governors action in commission
ing thousands of special state police.
A FORMER grand jury. called upon
petition circulated by Mr. Russell to
investigate the executives use of pub
lie moneys, was stopped by the mill
tary authorities. who trained a ma
chlne gun on the grand jury room.
The state capitol was again. under
Carter, chairman of the state corpo-
ration commission. declared 1t was his
understanding that the guards. were
% under orders to prevent eertitication
from yesterdays election. No ex-
planation of the guards reappear-
ance could be obtained from the
Opponents of Gov. Walton scored
sweeping victory yesterday in the
most spectacular election ever held In
Oklahoma. .ls- 's'-sps..
A constitutional amendment em-
powering the state legislature to
meet on it's own call to consider i'm
peachment charges against the gov
ernor was passed by decisive ma
Jority. -
No Opposition to Vote.
Despite the executives proclamation
postponing the election and his
threat to block 1t by armed force.
opposition was negligible and the
balloting proceeded peaceably except
for minor instances, throughout the
state.
Indications early today were that
the heaviest vote for a referendum
election in the history of the state
had been polled.
1t was estimated that if the ratio
~ t1t0 49,
reach more than 100000.
Complete returns from 1893 out of
1887 precincts in the state. as tabu-
lated by four oklahoma newspapers,
proposal: For. 147.269; against, 37,404.
The overwhelming success of the
measure, however. Is believed to have
been responsible. in, part for the
amendments including a soldiers
bonus These questions required a
majority of all votes cast and many
voters cast ballots only on the legis-
On the face of latest returns today
the vote on these measures stood:
BonusZ1,o22 precincts; for. 53,6s7;
against, 1888.
For Psfpndgg daposlt9Fs in 9or failed
79S: against, 6s.4s2.
cincts: for. 62.504; against. 55,301.
EStd DllSnlnS ellSlDllity Oh women
as elective Office holders-s7o pre-
cincts; for. 1882; against, 37,431. -
Compensation for death in indus
trial accidents 945 precincts; for,
57,349; against. $1,000
No Vote In Three Counties.
In only three counties. according to
reports, was the election wholly pre-
vented. These were Cimarron and
Harper. where the non-arrival Of sup
plies made ballot!ng impossible. and
Delaware. where the civil authorities
barred the election in compliance
with Gov. Walton's orders
The sheriff's seizure of supplies in
Bryan county did not interfere with
the voting there. Led by Federal
nor of Oklahoma, citizens set up i'm
provised election machinery by using
makeshift ballots and depositing them
in homemade" receptacles. ..
Many citizens of Johnson county
mailed their votes to state election
board headquarters when election Of
ficials there refused to open the polls.
In all other counties the election
proceeded smoothly under the watch
full eyes of hundreds of special depu-
ties commissioned to protect the
voters. II
There was no instance of interfer-
ence>' by members OF the governors
state police force. Two, however,
We're arrested at Tulsa charged with
carrying concealed weapons.
The military forces did not appear.
Replying to the statement of Rep
resentative w. d. McBee that his "des-
potic administration" no longer can
be representative of a small part of
the people. because such an over
whelming. majority repudiated II In
the election. Gov. Walton declared last
night:
II am still governor eef the state.
The fight on the Invisible Empire has
Just started in Oklahoma"
The executive has charged that
members OF the legislature who draft
cd impeachment charges against him
and attempted to convene, only to be
dispersed by national guardsmer un-
der orders from the governor, are Ku
Klux Kiansmen seeking to halt his-
war on the secret organization.
The Legislative amendment to the
constitution, under the law. becomes
effective as soon as returns from the
election are certified to..the secretary
of state by the state election board.
This usually requires at least week.
q While the futdrei intentions OF the
governor have not been made known,
it is considered probable that he will
seek, through the courts, to bar an
immediate assembly of the legisla-
ture Under provisions of the amend
nenE and thereby test the validity Of
xhe eiectiops -----------------
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