Glass. J Kn \2. s Book_ Mi- Copyright N°_ • V COPYRIGHT DEPOSIT - f ■ ♦ I A STUDY OF CIVIL GOVERNMENT /y INCLUDING CONSTITUTION AND ENABLING ACT OF THE STATE OF OKLAHOMA ANNOTATED AND INDEXED ‘ WITH NUMEROUS QUESTIONS AND SUGGESTIONS BY CHARLES EVANS. B S. >1 SUPERINTENDENT CITY SCHOOLS ARDMORE. OKLA AND CLINTON O BUNN > OF THE ARDMORE. OKLAHOMA BAR COMPILER CONSTITUTION AND ENABLING ACT OF THE STATE OF OKLAHOMA ANNOTATEDAND INDEXED' BUNN BROTHERS. PUBLISHERS ARDMORE, OKLAHOMA tuBRARY of OCN&KESa] 1 wo Copies Htcau- APR 2 1 1908 <&&* mi ‘JJV. 7 COPYRIGHT 1908 BY CLINTON O. BUNN 3 PREFACE. We believe this book has many strong features which will commend it to the schools of Oklahoma and the union. First, it is Oklahoman, yet American. The conviction that our new state constitution is the best in the union is fast becoming settled, and in the consideration of state government it has been given a prominent place and ex¬ haustively treated. The national government, however, has been elevated in the pupil’s view as the supreme law of the land. Second, it is adapted to every factor of the school: the pupil, the teacher and the home. To the pupil it is inductive, outlined, clearly indexed and annotated. In style it is simple and explanatory. Too often in building a text we fail to clothe the skele¬ ton of dry fact with the flesh and blood of human inter¬ est. We have earnestly striven to avoid that mistake here, and if we have done so we have especial claim to consideration at the hands of those who are seeking to build well for the public-school child. It follows that to the teacher it extends the same vir¬ tues afforded to the pupil. To the home it pays especial tribute. The family, school and all phases of local government have been deeply stressed, in order that boys and girls may have a proper conception of the home and its environment. Fur¬ ther, it should be a valuable addition to the family library, for while it has many other features of historical and governmental value, it contains in comprehensive form the only authenticated compilation of the state con¬ stitution, it being certified to by the secretary of state. Third, it has sought by quotations, illustrations, songs and earnest language, to incite patriotic fervor. It is well to know of our government, state and national, but it is infinitely better to be proud of them and love them. Fourth, and perhaps the strongest bid for favor, it embraces history never before recorded in a book. For an understanding of our state government, children should be told of the deeds and lives of men who led and are leading this twentieth century state into the ways which make for power and progress. This has been done by story, quotation and narrative. Fifth, it is brief yet complete, thereby adapting itself to a study of four months or a year. A discerning teacher will find it sufficiently elastic to meet the simple require¬ ments of a class in the seventh or eighth grade or the broader demands of a class in the senior year of high school. For example, in the study of state government, in the grammar school grades, the class might be con¬ fined to the introductory chapters on the state, while in the high school in a whole year’s work the student may take up the state constitution by sections. Few Civil Governments make the text replete and progresive by presenting the latest governmental growth of the nation, Our Insular Possessions. The importance of this feature will, we hope, be understood and appre¬ ciated by teacher and pupil. With this brief outline of the scope of the work, we cherish the hope that it will lessen the labors of the teacher and stimulate and inspire in the pupil those exalted ideals so essential to civic righteousness and good citizenship. The Authors. Ardmore, Oklahoma, April 21, 1908. TABLE OF CONTENTS PAGE Instruction. , 7 Chapter I. Introductory.n Chapter II. The Family. 17 Chapter III. The School. 20 Chapter IV. The Civil District.28 Chapter V. The Town or Township. 31 Chapter VI. Voters and Voting...36 Chapter VII. Party Machinery.40 Chapter VIII. The County. 44 Chapter IX. The Village and City.48 Chapter X. The State.52 • Oklahoma Territory. 53 Indian Territory.55 Chapter XI. State Government (continued).60 The Constitutional Convention .60 Chapter XII. The Constitution of Oklahoma .65 Chapter XIII. The Nation.81 Chapter XIV. The Nation (continued).84 The Territories.100 District of Columbia.101 Chapter XV. Our Insular Possessions.102 Addenda.106 United States Officials and Their Salaries .... 106 State Officials and Their Salaries.106 Divisions and Bureaus of Executive Departments . 106 Constitution of United States.108 Questions upon the Constitution of Oklahoma . . I A STUDY OF CIVIL GOVERNMENT INSTRUCTION. THE STUDY. Curriculum or Course of Study. —-The curriculum of the schools of any land is what the. experiences of a people have taught them to secure in early life, in order to escape suffering and to acquire success. Natural Tendencies. —There are six great instincts for good, sociologists says, lying within every normal brain, and education can best and should proceed along these grooves. These are Health, Wealth, Knowledge, Sociability, Beauty and Righteousness. And it is encour- ing to note how well the curricula of the schools have turiled in the centuries their tendrils about these natural powers. Each Study Feeding Certain Instincts. —Not reading, but knowledge, and the great means of obtaining knowl¬ edge, should we teach. Not spelling or getting words for mere time-consuming, but for making.a formidable chain of the child’s language, which makes for social strength. Not arithmetic for pestiferous reasons unknown, but to create the sense of estimates, that he may compute the value of a farm and library and note that wealth puts them both together. Grammar for parsing or tripping children by its entangling rules, no; but a study where speech is used and loved, because it is a passport to the society of success. Civics Merges Into Righteousness. —And thus geog¬ raphy becomes righteousness; physiology, health; and Civil Government, what? Undoubtedly with history, it forms a compendium of civic righteousness, as well as contributing liberally to sociability and knowledge. 8 A STUDY OF CIVIL GOVERNMENT Teach Civics of Active Men and Deeds. —This gives at once a viewpoint toward which all facts should be con¬ stantly led. Machinery of government should be taught. That is knowledge. But, by all means, the social influ¬ ences working out the plan of government, and by greater means still, bring living, breathing responsible man to light at every turn. Spice With Variety. —Is the home discussed? Then link emotions with intellect, by introducing great men like Gladstone, Roosevelt and Bryan, as homemakers and home lovers. If you care and know how to do it, sing John Howard Payne’s 4 ‘Home, Sweet Home,” and if done with tender care, more home government would be taught thereby than can be estimated. Civil Government a Thing of Life. —If the state is the theme, yet how and why men rule, but at the same time be sure you introduce the legislators, the executive and judges as vividly as possible. Would it not be excellent teaching, if every pupil of civics could be taken to the capital and there see some men and things as they are? This may not be done, and yet a fresh newspaper, breath¬ ing all the life of government of the last few hours, can and should be upon the desk of the teacher of Civil Gov¬ ernment every morning. Teacher Responsible. — Is Civics as a study dull? Then letTis place the blame where it belongs, and never upon the pupil or the subject. THE TEACHER. First Requisite. —If it were our privilege to give to a teacher the first requisite, after a general competency had been proved, to teach Civil Government we should unhesitatingly give a nature that leaps and glows when the name of home, state or nation is uttered. The Other Extreme Avoided. —Patriotism can be sus¬ tained by undemonstrative, formal minds, but it cannot be imparted to the young by them. Understand that equally as important as irradiation is overradiation. Too INSTRUCTION 9 often patriotism in some schools is turned by the efferves¬ cent teacher into “Pat-Riotism,” but the idea is— “Breathes there a man with soul so dead Who never to himself hath said, This is my own. my native land." Current Events .—To this requisite we would add an¬ other: the habit of keeping informed daily about the events of the locality, the county, the state, the nation and the earth on which the teacher lives. There is no teaching of living Civics done by any other kind of soul. The atmosphere should fairly blaze with current events, bulletin boards, clippings and portraits of representative men and women. Civil Government .—Third requisite: to have the teach¬ er link the past with the present, by observing special occasions, which the world of feeling and life is observ¬ ing. The best Civics lesson that could be taught was taught a whole school of five hundred, besides the repre¬ sentatives of many homes and the entire community, by stopping the round of routine and coming together in one great room to pay tribute to the murdered McKinley. Evils of anarchy, blessings of citizenship, reverence for home, state, nation, all, were sent to the center of half a thousand hearts. Not by speech-making citizens and teachers, but by well-prepared remarks of pupils. THE PUPIE. Keep the pupil active and receptive, by giving him things to' write, to report, to outline, to debate. Have him connect the old with the new, and vice versa. Let him connect Civil Government with his his¬ tory, geography and everything. What can be said of Oklahoma geography and history which does not recall its struggle for government ? Then why not do that? Have we no time? All the time in the world is at the disposal of the person who takes it. Have him make Civics a thing of deeds and men; not facts and dates. When a constitution is studied, let us take time, by all means, to study the great leaders of men who fashioned it. 10 A STUDY of civil government These suggestions arise not from theory, but from active teaching of Civics for several years, and superin¬ tendence of its teaching for many more. They are said in faith in the alert, aggressive American teacher; the active, receptive American child; and in the great nation of America. CHAPTER I. INTRODUCTORY. Society Instinctive. —Those who closely observe ani¬ mal life will discover that some are gregarious, or soci¬ ety-forming, while others are not. The ant, the gorilla and man are examples of the former, while the butterfly, the bear and tiger exemplify the latter. Man, then, by nature is a social being. lie cannot exist apart from his fellows, any more than can the branch without the trunk. Definition of Society. —Society, then, is inter-depend¬ ent. Where men come together in any place, district or nation, this mutual relation makes society. Sociare, the Latin verb, means-“to meet together,” “to form associations; and societas , from which “society” is de¬ rived, means a “union” or “communion.” Thus we see that the United States is a vast society, because it was ordained and established, “to form a more perfect union” or communion. Society Values. —This social instinct, like all other great common impulses, pushes man to greater excel¬ lence. For, upon looking closer, we And that only society¬ forming animals form governments. Each family finds need for an instructor for his children. Many families grouped together find it convenient and economical to concentrate their children in one building and have an instructor in common. For a while, the teacher is left to the control and support of all the families. But, in a little while, trouble ensues because it is discovered “that what is everybody’s business is nobody’s busi¬ ness.” The interested parties meet and organize in order that certain persons may control certain things about the school. Thus the blessings of organized soci¬ ety demand government. Rights and Duties. —Our forefathers held that men possessed three inalienable rights: “life, liberty and the 12 A STUDY OF CIVIL GOVERNMENT pursuit of happiness. ’’ They call attention to these, be¬ cause a selfish nation was trying to destroy some if not all of these rights. They had rights and it was plain duty to protect them from injustice. In the face of giant selfishness, the colonies banded together in order “to establish justice.’’ This is the first duty of society. Functions of Government— If we have discovered the first duty of organized society to be to establish jus¬ tice, and its second to create schools, roads and such factors of progress, and these duties are to be discharged only through government, then we are ready to define government. Government is the organization of soci¬ ety to secure these ends: justice and progress. Believ¬ ing this, we see that society without government could not exist. Anarchy would reign supreme, every man a law unto himself, and then would come chaos. Man in most primitive states may not have had legislatures, governors and judges as we have them, but they exist in some fashion. Let us remember that “govern” springs from the Latin word gubenare, which means to steer a ship. Government Supreme. —Thus we see that in its very nature government arises because of the need of the few to regard the needs of the many. It took the ratification of only nine colonies to make the government made by thirteen effective. Governmental mandates must be su¬ preme. Society has no defense if its government is not obeyed. Political Science. —If it were permitted in discussing government to classify its principles and in turn expose their virtues and vices, we should develop a political science, or a treatise on politics. Politics relates to the principles of government. In the abstract, such matters have no place in a work of this kind. But a few terms, of political science are upon our lips every day, and it is our duty here to determine their meaning. The State. —A great political writer says that “a state is a particular portion of mankind, viewed as an organized unit.” In America the state has grown out INTRODUCTORY 13 of historical, geographical and educative reasons. His¬ torical, because certain migrations brought particular peoples to particular spots. Under different religious, political and material influences governments were estab¬ lished. Each became an independent colony, and after separating from England each became an independent state. Geographically, because different climatic con¬ ditions produce different products, these in turn giving- rise to corresponding industries, demanding, in the end, different laws. Educational reasons, because the train¬ ing of the Saxon mind has been toward one general end in government, to keep power in the people’s hands. 4 ‘Decentralization of government” has been the Eng¬ lishman’s political war cry. He makes the nation, but permits it to do nothing which the state can do for him. He makes the state, but creates the county, to bring the rights and duties of a citizen closer about his hearth¬ stone. The Nation .—Perhaps no prettier term is known to patriotism than the word “nation.” It springs from the Latin word nascor, “to be born.” Thus a nation is a people having a common ancestry, birthplace, language, traditions, customs, manners and civilization. The Jews, though scattered through the earth, in this sense are a nation. State and nation, in this sense, are in many cases synonymous; for England, Austria and Prussia, as states, each comprise a number of nations. Common interests seem to be the nuclei about which we group the idea of nation at times. The American colonies before the Revo¬ lution were called a nation, but never a state, while in this same sense, Canada is often styled a nation. Kinds of Government. — Philosophers of ancient Greece divided governments intd three classes; the mon¬ archy, the democracy and the aristocracy. Whatever deductions may have been drawn from these forms since, they rest today as the best basis for division of govern¬ ments. Monarchy. — A monarchy is a government whose functions are chiefly vested in one person. This person 14 A STUDY OF CIVIL GOVERNMENT wears the name of king, queen, emperor, empress or prince. Monarchies are more numerous than all other governments put together. These are limited or abso¬ lute, according to limitations placed about the ruler. Absolute Monarchy. —In an absolute monarchy there is no limit to kingly power. Life, liberty and property are at the command of the czar, shah and sultan. The last decade is showing a beginning of the end in this form of government. Limited Monarchy. —In this form of government the people have placed about their ruler certain restrictions, as in England and Germany. The monarchy is usually restricted in the measure of the people’s intelligence. Hereditary Monarchy. —This is where the sovereign receives his right to rule from heirship, usually from his father. Elective Monarchy. —Roumania, Greece and certain other countries have rulers elected by certain electoral princes or monarchs. A Patriarchy. —This, as the name suggests, is that form of monarchy which rests the rule in a father of a family, at the head of a tribe. Theocracy. —A theocracy is a government finding its existence in the mandates of a god. The Hebrews of old gave the world the truest form of this government. Democracy. —A democracy is a government by the people. A pure democracy is a government conducted bv the people in person. Athens of ancient day, and the New England town meeting of modern day, are ex¬ amples of this. A republic, or representative democracy, governs it¬ self by representatives, chosen by the people. The United States is a democratic republic. Mexico, France and Brazil claim to be. This form of government is the product of modern times, the ancients knowing nothing of it. To the Saxon, or German mind, its development is largely due. INTRODUCTORY 15 Aristocracy .—This word, which springs from a Greek word meaning “best” or “select,” is applied to a gov¬ ernment where the reins of power are held by a particu¬ lar few. These few usually secure their power by tram¬ pling on the people’s rights. Rome just before the em¬ pire, Greece just before the republic, and Venice of the Middle Ages are types of this government. The aris¬ tocracy adjusted by a certain ten was called an oligarchy. However, this term became corrupted and was used for the word aristocracy. Mixed Governments. — Some governments combine many elements. England, in its ruler, has a hereditary king; in its house of lords, it has the remnant of an ancient aristocracy; while, in its commons, its most po¬ tent factor, it has a republican body. Dual Government .—There are two conspicuous forms of this sort of government: confederate and federal. A confederate government arises from laws set forth by states in league. It represents these states, and not the people. If supplies are needed, it asks the states for them, and each can furnish in its own way or refuse. A federal government is the creation of a nation “of the people, by the people and for the people.” “We, the people of the United States, do ordain and establish this constitution.” It acts directly upon the people. CIVIL GOVERNMENT. It can be well asked here, What is Civil Government? “Civil” is derived from the Latin civia, meaning “citi¬ zen,” which is closely related to ci vitas, meaning “state.” Therefore, Civil Government is the government of the state, and is marked by a state of civil society. In the best sense, it is a system of laws resting upon intelligence and moral force. It is to be distinguished from military government, or government by the army, and from savage tribes. Constitutions .—All civil governments are based upon a constitution. A constitution is the supreme law of the A STUDY OF CIVIl, GOVERNMENT 16 whole land. Some are written, as in America, while others rest upon precedents, customs and powers of cer¬ tain authorities, as in England. These are called un¬ written constitutions. Each has its virtues and likewise its weaknesses. Governmental Growth; Evolution .—Political govern¬ ments are like civilizations; not things of a day, but ot growth. In brief time, growth is insensible. But, as slow as governmental wisdom and justice may be, they imply the use of means. Some of these are: universal education, patriotic interests, newspapers and maga¬ zines, agitation of public questions, political parties and a free ballot. This process is the sure and slow process of evolution, but it has never failed to give glorious re¬ sults. Revolution .—“When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another,” if they are not enabled to do it by petition and remonstrance they must resort to arms. Thus our first fathers said and did, and so says all history. It is a violent means to better conditions, and is never excusable, save when¬ ever all peaceable and just means have been employed without avail. SFGGEXTI YE OFESTIOXS. 1. Where does society have its origin ? 2. Define society and show how the i'nited States is a society. 3. Flow is it shown that the blessings of society demand government? 4. What are some inalienable rights, and why so called? 5. What are the two great functions of government, and define the govern¬ ment upon that view. 0. Why must all government he supreme? 7. What is “politics,” and why not discussed here? s. Define a state and show some reasons for so many in the land. 0. Distinguish between a state and a nation. 10. What are the great kinds of government? State worth of each. 11 . Why are there so many monarchies? Name five of the greatest. 12. Why is Russia an absolute monarchy and England a limited monarchy? 13. Why was the patriarchy adapted to' the Hebrew people in Abraham's time? 14. What is an aristocracy, and what traces of that in our country? 15. What are some mixed forms of government used by certain nations, and how came this? 10. What are confederacies and federal unions? Give examples. 17. What is “civil government”? IS. What is a constitution and name some kinds? 1 l>. Tell how governments grow. 20 . What is a revolution? CHAPTER II. THE FAMILY. “But where to find that happiest spot below Who can direct, when all pretend to know? The shuddering tenant ot' the frigid zone Boldly proclaims that happiest spot his own : Extols the treasures of his stormy seas. And his long nights of revelry and ease : The naked negro, panting at the line, Boasts of his golden sands and palmy wine. Basks in the glare, or stems the tepid wave. And thanks his gods for all the good they gave. Such is the patriot's boast, where'er we roam. Ills first, best country ever is at home. And yet. perhaps, if countries we compare. And estimate the blessings which they share. Though patriots flatter, still shall wisdom find An equal portion dealt to all mankind ; As different good, by art or nature given. To different nations makes their blessings even.” —Goltitan itli 's “ Tra vclcr.’’ TIIE DEAREST SLOT. The dearest spot of earth to me. Is home, sweet home: The fairy land I've longed to see Is home, sweet home. There how charmed the sense of hearing. There where hearts are so endearing. All the word is not so cheering As home, sweet home. Cham*. The dearest spot of earth to me Is home, sweet home : The fairy land I've longed to see Is home, sweet home. I've taught my heart the way to prize My home, sweet home: I've longed to look with lover's eyes On home, sweet home. There where vows are truly plighted. There where hearts are so united. All the world besides I've slighted. For home, sweet home. — IF. T. Wrighton. Family the Basis .—The family is the primal govern¬ ment of man. Nature has made tins so through the law of self-preservation. True, the way lias been long, from the cave man, with his savage instincts, rude home and wild affection for mate and offspring, to the modern gentleman, with liis education, his refined home and true love for wife and child. But the same elements ever appear. 18 A STUDY OF CIVIL GOVERNMENT The Father. —There is the father, whose position lias been to defend from all trespass and wrong; to support with raiment, food and shelter; to give to the child all the training that may be needed to develop it into a being- stronger than himself. To this end, the primitive nature of man shapes all things. The Mother. —The mother, whose mission has been to nurse, to instruct and supply all those elements of love and self-sacrifice, appears and makes home the one spot on earth. The Child. —But the center of the home, and the rea¬ son for its existence, is the child. The plan, the toil and hope of the father; the love, the nourishment and self- sacrifice of the mother—all find their force in the child. Out of these happy conditions nature demands, at all times, one flower to grow, and that, love and gratitude of children for father and mother. Children's Love of Father. —If the duty of the father is to defend, to support, it is his right to expect respect for his life, obedience to his commands and other assist¬ ance from his child. Let it be understood that every son and daughter owes a debt of love and gratitude to a good father, that a lifetime is too short to repay. If it be the duty of the father to educate, certainly a deeper, corre¬ sponding duty rests upon the child to take the education offered. What woe and misery attend children who wan¬ tonly turn away from parents offering them an education. Children's Devotion to Mother. —If it be the privi¬ lege of a mother to sacrifice for the child, what child would deny her the right of respect, love and implicit obedience? If it is the duty of the mother to nourish a child in its dependence, then it is the child’s imperative duty to be her staff in her declining strength. Importance of Home. —Of all the factors which go to make a nation, the home is the greatest by far. Give homes of sober, industrious fathers, building with firm hands and loving hearts their children’s characters, place THE FAMILY 19 about this the grace of earnest, religious motherhood, and we shall have a country equal to every trial. Grady’s View. —Here is a picture of the true home ot America by that master patriot, Henry W. Grady. Read and preserve: “A few Sundays ago I stood on a hill in Washington. My heart thrilled as 1 looked on the towering marble of my country's capitoi, and a mist gath¬ ered in my eyes as, standing there. I thought of its tremendous significance and the powers there assembled, and the responsibilities there centered—its presidents, its congress, its courts, its gathered treasure, its army, its navy, and its 60,000.000 of citizens. It seemed to me the best and mightiest sight that the sun could find in its wheeling course—this majestic home of a republic that has taught the world its best lessons of liberty—and 1 felt that if wisdom, and justice, and honor abided therein, the world would stand indebted to tins temple on which my eyes rested, and in which the ark of my covenant was lodged for its final uplifting and regeneration. "A few days later 1 visited a country home. A modest, quiet house shel¬ tered by great trees and set in a circle of field and meadow, gracious with the promise of harvest—barns and cribs well filled and the old smokehouse odorous with treasure—the fragrance of pink and hollyhock mingling with the aroma of garden and orchard, and resonant with the hum of bees and poultry's busy clucking—inside the house, thrift, comfort and that cleanliness that is next to godliness—the restful beds, the open fireplace, the books and papers, and the old clock that had held its steadfast pace amid the frolic of weddings, that had welcomed in steady measure the newborn babes of the family, and kept company with the watchers of the sick bed. and had ticked the solemn requiem of the dead : and the well-worn Bible that, thumbed by fingers long since stilled, and blurred with tears of eyes long since closed, held the simple annals of the family, and the heart and the conscience of the home. Outside stood the master, strong and wholesome and upright : wearing no man’s collar: with no mortgage on his roof and no lien on his ripening harvest: pitching his crops in his own wisdom; and selling them in his own time in his chosen market : master of ins lands and master of himself. Near by stood his aged father, happy in the heart and home of his son. And as they started to the house the old man's hands rested on the young man's shoulder, touching it with the knighthood of the fourth commandment, and laying there the unspeakable blessing of an honored and grateful father. As they drew near the door the old mother appeared: the sunset falling on her face, softening its wrinkles and its tenderness, lighting up her patient eyes, and the rich music of her heart trembling on her lips, as. in simple phrase, she welcomed her husband and son to their home. Beyond was the good wife true of touch and tender, happy amid her household cares, clean of heart and conscience, the helpmate and the buckler of her husband. And the children, strong and sturdy, trooping down the lane with the lowing herd, or weary of simple sport, seeking, as truant birds do. the quiet of the old home nest. And I saw the night descend on that home, falling gently as from the wings of the unseeen dove. And the stars swarmed in the bending skies—the trees thrilled with the cricket’s cry—the restless bird called from the neighboring wood—and the father, a s mple man of Hod. gathering the family about him. read from the Bible the old. old story of love and faith, and then went down in prayer the baby hidden amid the folds of its mother's dress, and closed the record of that simple day by calling down the benediction of God on the family and the home! •‘And as 1 gazed the memory of the great capitoi faded from my brain. For¬ gotten its treasure and its snlendor. And I said. •Sure.’y here—here in the homes of the people is lodged the ark of the covenant of my country. Here is its majesty and its strength. Here the beginning of its power and the end or its responsibility.’ The homes of the people: let us keep them pure and ind >- pendent, and al'l will be well with the republic:' SFOOESTI VL (>1 ESTIO.V t. What are some mutual duties of father, mother and children? •>' How may a child show a parent gratitude? ,’t. What is‘the duty of the child to parents in poverty and old age? 4. Outline the family. What do the great religions t**ach about respect for parents? OFESTION FOB DEBATE. q'li,it age is more respectful of children than children are of age CHAPTER III. THE SCHOOL. THE S<'HOOLHOUSE STANDS BY THE FLAG. ✓ Ye who love the republic remember the claim Ye owe to her fortunes, ye owe to her name. To her years of prosperity, past and in store, A hundred behind you. a thousand before. ’Tis the schoolhouse stands by the flag. Let the nation stand by the school : ’Tis the school bell that rings for our liberty old. ’Tis the schoolboy whose ballot shall rule. The blue arch above us In liberty’s dome : The green fields above us equality’s home; But the schoolroom today is humanity's friend. Let the people, the flag and the schoolhouse defend. ’Tis the schoolhouse stands by the flag. Let the nation stand by the school : ’Tis the school bell that rings for our liberty old. 'Tis the schoolboy whose ballot shall rule. —Hezekiah Bwtterworth. Governments Met. —The American child, in taking his way into citizenship, meets these governments: The home, the school, the district, the country, the state and the nation. If he lives in a town or city he must add a seventh to the sixth. School Defined .—At about the age of 6 the child is pointed to the schoolroom, and upon entering there be¬ gins life under school government. A school is an insti¬ tution created by man for systematic self-improvement. Tt is as old as history; for “that control should be intelli¬ gent” is older than Plato and is denied by no people. Th ree Kinds .—There are many sorts of schools; but, taking their name from their management, the private, the parochial and public schools are the most promi¬ nent. A private school is one under the control of one or several individuals, whose personal support gives it existence and direction. Many fine acadamies and col¬ leges are of this class. The parochial school, as its name implies, is ruled by some church. Many of the great institutions of the land come under this class. THE SCHOOL 21 The Public School a State Institution. — But the pub¬ lic school, with which our country has most to do, is as suggested by its name, a school created and controlled by the people. The people, supporting and maintaining the public schools in America, have always been the state. The United States has never taken tlie public-school business upon its hands. It has made some large and generous grants to state colleges and other institutions of higher learning for public purposes; but, further than that, it has not gone. The Need of Public Schools. — Public education is insisted upon because it is the foundation of the com¬ monwealth. Over a thousand years ago Charlemagne required that the children of all persons taking part in the government should be educated, in order that intelli¬ gence might rule the empire. That belief prevails today in every American state. The School District. —A school district is a defined portion of a town, city or county laid off for school pur¬ poses. It is the unit of educational work. Within it a school is maintained, partly by funds from the state and the county or district. The state demands of every citi¬ zen assistance in giving its children means of acquiring a plain English education, and, in turn, makes an effort to so district the county as to place a school within rehch of every child. The Basis for District Making, Past and Present .— The old-time cry was, “Take your school building to the chi Id.” This made the school district in town and city of convenient size, perhaps. In the country it often stretched the district many miles, and then, not embrac¬ ing sufficient property, the children came to barren rooms and poor teachers. The late cry of progress is, “Take the children to the school”; so, using wagons and teams, they have thrown several of the “pauper” dis¬ tricts together, and, with increased taxes, a modern building is erected, presided over by well-trained teach¬ ers, good equipment is had, enthusiasm grows out of numbers and life everywhere abounds. A STUDY OF CIVIL GOVERNMENT 90 School Officers. —The officers of a public school are the trustees, or directors, and teacher, and, back of these, the county superintendent, state superintendent, the board of education, etc. School Trustees. —The trustees, or directors as they are often called, are most often elected by the qualified voters of the school district, but sometimes are appointed by the county superintendent. In many states there are three, chosen for the rural school, while the cities have a larger board. Their terms of office vary in the several states. Some states have the “county unit” system, where the township furnishes the candidate for director, but the whole county elects. Trustee’s Duties. —The duties of a trustee or director are to fix school boundaries, to make rules and regula¬ tions which they may think best, to elect the teacher, to regulate his salary, to define the course of study, if it be not fixed, to maintain the school property, to visit the school, to purchase equipment, to hold school elections, to take the school census and similar duties. The Teacher. — The teacher is the most important official of the school system, because the old maxim, “As is the teacher so is the school,” marks her place pre¬ cisely. After the teacher enters the schoolroom almost all authority is given her. In loco parentis, “in place of the parent,” expresses the force and dignity with which her station is clothed. And it is a great tribute to the common sense of the American people in choosing teachers, as it is to the teachers themselves, to know that only in the rarest instances is this authority of the teacher abused. Legal Duties of a Teacher. —Some of the duties of a teacher are: to furnish a legal certificate of efficiency in certain school branches. In Oklahoma and many pro¬ gressive states of every section, this standard is high, embracing, for first-class certificates, reading, writing, spelling, grammar, arithmetic, geography, history, civics, physiology, composition, agriculture, literature and book¬ keeping. She must make a contract with the board of THE SCHOOL 23 directors; she must submit to legal restrictions of school work as to length of day and nature of curriculum; she must keep a register and make a monthly report of her work; she must maintain discipline and give competent instruction. The worthy teachers of this country—and there are scarcely any others—do not pause at these posts of duty, but go on, taking the children into fields of happy toil where real character is found. They read, they think and sacrifice—if it may be called that—to give their pupils better than they were given. As citizenship is the purpose of this study, and believing that the public school is the next great factor after the home in shaping it, it will not be amiss here to place before the pupil a clear- cut set of principles which actuates every teacher worthy of a name in this land. Let the teachers and pupils read it, memorize and keep it, because it will redouble the energies of the one and inspire the gratitude of the other; traits which enter always into the making of an Amer¬ ican : THE SCHOOL TEACHER’S CREED. “I believe in boys and girls, the men and women of a great tomorrow : that whatsoever the boy soweth the man shall reap. I believe in the curse of igno¬ rance. in the efficacy of schools, in the dignity of teaching, and in the joy of serving others. I believe in wisdom as revealed in human lives as well as in the pages of a printed book, in lessons taught, not so much by precept as by example, in ability to work with the hands as well as to think with the head, in everything that makes life large and lovely. I believe in beauty in the school room, in the home, in daily life and in out of doors. I believe in laughter, in love, in faith, in all ideals and distant hopes that lure us on. I believe that icvery hour of every day we receive a just reward for all we are and all we do. I believe in the present and its opportunities, in the future and its promises and in the divine joy of living. Amen. "—Edwin Oxsjootl Orober. The Pupil .—If the teacher has duties and rights of supreme moment in the school, what should be said of those of the pupils for which the school is made! Pupil's Duties .—The law makes it imperative that the pupil shall obey the teacher; that the pupil is respon¬ sible to the school and teacher for all actions on passing to and from school. The most progressive states are taking the position that the state may not only educate, but that it must educate. Therefore, in order to have ♦he pupil in school, compulsory attendance is enforced. The people of the new state of Oklahoma believe in edu- 24 A STUDY OF CIVIL GOVERNMENT cation to that extent and they sent men to the constitu¬ tional assembly, who wrote this into their constitution. Tt will be a tribute to Oklahoma as long as history is read. Rich Legacy to Oklahoma Child. —If these restric¬ tions are placed about the children of Oklahoma, it is only after their interests are radically protected. Mil¬ lions of acres of public domain' are set aside for their education; the most progressive features of modern edu¬ cation are encouraged and supported, foremost among these, the right and necessity of local taxation for sup¬ port of schools; the consolidated district and county high school. These rights and privileges are given by Okla¬ homa’s lawmakers, and in time this state is destined to lead all others in education. Moral Obligations of Patrons. —The home is to sup¬ port the school by taxing itself for building schoolliouses, hiring teachers and purchasing apparatus. But this is not all. The parents have moral obligations greater than any of material sort. Schoolrooms may be ever so well equipped and teachers therein ever so competent, yet it avails nothing if the parents are not impressed that it is nothing short of crime to create in their sons and daughters weakening school habits. Some of these are excuses for absenteeism, tardiness, disobedience and lack of respect for teacher. Let it be understood that when these things disclose their malignant heads, some parent has been negligent in duty. The County Superintendent. — The county superin¬ tendent is an officer that most states use to supervise all public schools of the county. The demand is usually made that one holding this position must h&ve a certain teaching experience, pass a required examination or hold a diploma from some reputable normal, college or uni¬ versity. They are elected by the qualified voters of the county, and in many states the electors are choosing women to hold this office. In Kentucky, Minnesota and Oklahoma a large percentage of county superintendents are women. THK SCHOOL 25 Women in Education. —This is a deserved tribute to the general interest women have ever taken in educa¬ tion, and the peculiar power and aptitude they have dis¬ played in the schoolroom. In Colorado, Kansas, Okla¬ homa and other states, school suffrage is granted women, and it is splendid to note that while never extensively used, yet it has never been abused. Duties of County Superintendent. —The county super¬ intendent, elected for two years, lias obligations to visit the schools, advise as to methods and course of study, decide school boundaries, condemn school buildings,* re¬ ceive school money from the state and pay it out, hold examinations for county teachers, keep all records of certificates, school taught, money expended, etc., and make reports of all this to the people and state superin¬ tendent of public instruction annually. True County Superintendent. — The work of the county superintendent is constructive. He should be not merely an adviser or office-keeper, but a leader of edu¬ cational thought, an inspirer of the teacher, a wielder of a trenchant pen, an informer through the press, and a person of great integrity—one whose educational cry is, “Nothing too good for the children of the people.” The Educational Head. —At the head of the public education in the state and, in these active times, a direct factor in the life of every school, is the superintendent of public instruction of the state. He is one of the execu¬ tive cabinet of the state, elected by the voters thereof usually, though sometimes appointed. His length of term is the same as that of other state officers, and his duties are manifold. Some Duties of State Superintendent. — He is the guardian of all the financial interests of the state schools. The auditor and treasurer, guided by his warrants, pay out through him all school money. He advises the state legislature of educational needs of the state, and his words are weighty with them concerning needed school legislation. He is ex officio chairman of the state board of education and state board of examiners. The first, in 26 A STUDY OF CIVIL GOVERNMENT Oklahoma, consists of the governor, secretary of state, attorney-general and superintendent of public instruc¬ tion; while the second is made up of progressive teach¬ ers appointed by the board of education. He is the final arbiter of all school disputation in the state, having the power to call upon the attorney-general for a construc¬ tion of the law upon all school points. What He Should Be and Is .—He should be and, with rare exception, is a man of established prestige as a leader, an educator and a godly man. The mighty per¬ sonality of the state superintendents in America is the greatest tribute to the status of civilization in this land that can be found. Details Not Here .—There is no chance here to develop details of the state school system. The cities in them¬ selves have systems of public schools that cost the people thousands of dollars. Then there is at the command of the teachers, state normal schools, erected and main¬ tained by the state for the chief purpose of training- teachers for life work in school room. Oklahoma has three, with grounds and equipment, costing a half mil¬ lion dollars. Not content with this, three more are to be established. The State University .—At the head of the public- school system of the state stands the state university, with its departments of liberal arts, science, electrical and mechanical engineering, medicine, law, etc. It beck¬ ons the children to come, after completing a high-school course, and make themselves truly capable. Tuition is free and living is made inexpensive to every pupil of the state deserving to enter. Not a boy or girl but that may and should cling to the aspiration of entering and com¬ pleting a university course. SUGGESTIVE QUESTIONS. 1. What is a school ? 2. Name some great private and parochial schools. 3. Why should the state rather than the nation educate? 4. What are some qualifications for school trustee? 5. What steps must a person take to secure a school ? 6. Why is a teacher gran 7. What are some moral o 8. What is your school ci ed great power? digations of patrons? rrictdum and how adopted? THE SC’HOOT 27 b. What permits women to be more active in tins government than in some others V to. What composes the school funds of Oklaho'ma? 11. Make comparisons with other states in school funds, length of term, salary of teacher, etc. 12. (live requisites of county superintendent. 13. Who are some high school officialsV give duties of each. 14. Who is the man in charge of the department of education, and what has he done for education in the state? 1 a. What and where are the state normals? 1(5. What are some inducements offered by the state university to pupils of the state V (H’ESTIONS fok dekate. 1. Rt'fiolretl, That compulsory education is not practical and not l>est. 2. Reno!red. That trustees should be paid a salary, and then impose a penalty for lack of duty. 3. Resolved, That no school should exist without two teachers, and it Is best to merge districts until three or more teachers are demanded. \ CHAPTER IV. THE CIVIL DISTRICT. Civil District. —Continuing the study of government from simpler to the complex forms, the civil district should be next considered. The civil district arose in those portions of the south where the population was sparse or, at least, marked by an absence of towns. Here the people must have some medium for applying state law, so the county was divided into convenient districts. Due to the fact that the people could not collect together so easily as in the town of New England, the machinery of government was far simpler than the town government there. The civil district of Virginia, Kentucky and other states of the south had but two important officials: the magistrate and constable. Now, the township of the west is a growth from either the civil district of the south or the town of New Eng¬ land, or from a union of both. Met at Twenty-One Actually. —In the school govern¬ ment is adjusted to its members without consent, but when the school boy reaches the age of 21 he for the first time becomes a real citizen—one who can exercise the right of suffrage and in doing so becomes an integral part of the nation. Five to Twelve Make a County. —In looking about him this new citizen will note that the county has been divided into districts, from five to twelve, the number depending upon population, size of county and features of conven¬ ience. Laws Made Elsewhere Applied Here— Here voting boundaries are set and laws of the state and county are brought to the doors of the people. That was the* idea in ancient Greece, where the people boasted that where the law was applied, the law was made. That could take THK CIVIL DISTRICT 29 place in Greece or in Rhode Island, but in commonwealths as large as the greatest European empires, this is for¬ bidden; so our lawmakers sit in capitals far removed from the people and make laws that must be applied through the district, township and county. Sacred Regard for District or Township Ballot.— Here we should stop to take solemn regard for duty. If the American citizen cannot be on guard at capitals, where the laws are made, it is a matter as profound as liberty and love for country that he go to the ballot box in the district and determine his representative law¬ maker. All other duties of American citizenship pale into insignificance beside the intelligent and free use of the ballot. It is becoming a fixed belief, and every Amer¬ ican youth should subscribe to it, that the only man in this country who should be deprived of his ballot is the one who for false reasons fails to use it. Election days may or may not be school holidays, but no school in the land is worthy of respect which does not devote all means in its power on that day to impress its pupils with the privilege and power of the freeman’s ballot. Law Close to People. —As has been said, the civil dis¬ trict brings the distribution of the law, and hence jus¬ tice, closer to the doors of the people. Local courts are held and speedy trials for minor suits and offenses are secured. The superior courts are relieved of small de¬ tails. Executive and Judicial Only. —The functions of the district are strictly executive and judicial. No legisla¬ tive power is given it. All laws come from without. The simple yet important application of law is made through the magistrate and his court. The magistrate is elected by the legal voters of his district, though in some states appointed for a specified term, usually from two to four years. He is required to give bond for performance of duty and subscribe to a constitutional oath. Magistrate's Work. —His court may be held upon his calling it, but sessions every quarter year must be held. He may issue warrants for arrest upon sworn state- 30 A STUDY OF CIVIL GOVERNMENT ments; lie may try, with aid of juries, persons guilty of breaches of the peace; he may try civil suits where the amount involved does not exceed one hundred dollars— in some states more, in others less; he may issue bond for lawless characters to keep the peace. Justices often preside at inquests instead of coroners, and in some states assume all the duties of a coroner. Sitting as a court, magistrates may weigh evidence in murder cases. This is called an examining trial, and jurisdiction ex¬ tends no further than a verdict of guilty or innocent and a remand of the cause to the higher court. Important Office .—From this list of duties it will be readily seen that a magistrate should be honest, brave and a reasonably well-educated man. He is the closest guardian of our homes and rights. His power is best displayed perhaps in times of riot or mob violence, when at his word every citizen can be drafted to secure peace, even at the expense of life and limb. The Constable .—There is a constable to wait upon the magistrate’s court. He serves subpoenas, writs, makes arrests and often is used by the district as collector of fines, taxes, etc. His services are not always limited to the magistrate’s court. Rights and Duties Mutual .—Eights and duties are mutual. If the citizens of the district have a right to all the protection and aid which the magistrate and exec¬ utive officers can offer, then it is their duty to cheerfully sustain and support those officers in every way. This may be best done by obeying the law and extending to all the same rights and privileges as may be claimed for themselves. S FOGESTI V E o l EST IONS. 1. What is the need of the civil district? 2. What is the sacred privilege awaiting the school boy at the point where he becomes a participant in district government?" 3. What ancient government used magistrates, and what were their duties then and now T ? 4. What do you think of the qualifications for magistrate in your district? QUESTION FOK DEBATE. Resolved, That a magistrate should obtain a lawyer’s license before he holds office of magistrate. CHAPTER V. THE TOWN OR TOWNSHIP. In government, as in other matters, confusion is cre¬ ated by careless use of terms. District, Township and Town Distinguished. —“Dis¬ trict” is often used synonymously with “township” or “town,” but not always is this correct. For, while in the south the district frequently takes the place of town¬ ship, yet in the east and west the township plays an en¬ tirely different part in government. In the east it is a more important division than the county, while in the west it is inferior to the county, but superior in its func¬ tions to the district of the south. Purpose of Township .—It has been said that “eter¬ nal vigilance is the price of liberty.” This is but one way of saying that a sensible people will keep the mak¬ ing, the interpreting and execution of their laws as close in their hands as possible. This is the purpose of the township. The township permits the people to adjust their own local affairs, to develop their property, high¬ ways and schools, and suppress all evils as they choose. The Township’s Shape and Size .—In the eastern por¬ tion of the United States the town or township existed before the county, and in placing several together to make a county, irregularity in shape and size arose. But in the west the United States, surveying the territories before they were admitted as states, made the townships conform to parallel and meridian lines. The township here is six miles square, containing thirty-six sections of 640 acres each. Oklahoma Townships of Mixed Origin .—In Oklahoma there are two classes of townships: One is the township according to the governmental survey, being six miles square, while the other is called a municipal township. 32 A STUDY OF CIVIL GOVERNMENT This municipal township in many respects resembles the civil district, while in others it conforms to the township of the west, north and east. A Complete Government. — Complete governments have three great functions: Legislative, or law-making, executive, or law-enforcing, and judicial, or law-inter¬ preting, powers. The growth of civilized government is gauged by the even balance, distribution and separation of these functions. The township has all three. In the east, they are evenly balanced, while in the west the exec¬ utive is strongest. The New England Town .—The legislative power of the township or town in New England is vested in the people themselves. Upon specified days all the people come together, determine their public expenses, levy taxes, make appropriations, elect officers, fix salaries, dis¬ cuss questions of common concern and decide upon a course of procedure for the ensuing year. True Democracy. —Surely this is a pure republican form of government. The blessings of such a system are that it places responsibility where it belongs, and thereby develops a courage and ability that can only come from actual participation. It was the town meeting which aired England’s injustice, raised minute men and “fired the shot heard round the world.” Town and Township Legislature. —In many township governments, the legislative department is vested in trus¬ tees, or selectmen, or town council. The number differs in different parts of the union. They are elected by the qualified voters of the township for a term of one, two or three years. They make laws or ordinances, some¬ times called by-laws, trying therein to meet the demands of the community. Duties of Selectmen or Trustees in East. —In many parts of the east the principal duties of selectmen are to sit as judges of election, to appointd road supervisors, to have charge of the paupers not supported by the coun¬ ty, to purchase and maintain cemeteries, to divide the Til K TOWN Oil TOWNSHIP 33 township into road districts, to open roads upon petition, and to right wrongs which may arise in the township. In truth, their work is more executive than legislative. The Township Executive Officers. —The executive offi¬ cers of a township are the clerk, assessor, supervisor, treasurer, school directors and the constable. Clerk’s Duties in a Town. —The clerk keeps the record of the business transacted by the selectmen. He keeps the poll sheets of the election and often acts as clerk of the school board. At the town meeting he calls to order and then keeps record of all business done. The Town Assessor. —The assessor records all prop¬ erty values of the township, takes the number of polls, makes a tax list and delivers it to the auditor in many states, til most states there is a valuation of property each year, while in others this is done only in every ten years. The Town Treasurer. —The treasurer, as his name suggests, is custodian of the funds of the township. All fines and license fees come into his hands. He must give good bond for a faithful performance of his duty, and pays out money only upon written order of the trustees, attested by the clerk. Town School Directors. —The school directors attend the schools, calling for elections to vote bonds for school purposes, erecting schoolhouses, employing teachers, levying taxes, adopting text-books, fixing salaries, length of terms and making reports to higher officers. The constables, of'which there are two or three for a township, have the same duties to perform as in the civil district. Supervisor Chief Officer in Some Parts. — In some parts of the country the chief portion of all executive duties of the town or township falls to the lot of a super¬ visor. Other Stations in Town and Township. —There are some minor but important stations in the township, such 34 A STUDY OF CIVIL GOVERNMENT as collectors, poundkeeper, fence viewer, lumber makers, sealers and weighers. These officers are holders of their positions through appointment, usually of the selectmen. Judicial Power. —The judicial department is vested in justices or magistrates, varying from one to three in each township. Their duties are largely identical with those of the magistrate of the civil districts. The Township Ancient, Yet Modern .—The township, the oldest form of democratic government, instituted in Greece and appropriated by England, is now used ex¬ tensively by the American people. The new state of Oklahoma, embodying in its constitution the most prac¬ tical and progressive ideas of government of all time, makes the township the local unit of citizenship. Reverence Due. —Let the student search with care the Oklahoma constitution, as found in succeeding chapters, and noting what efforts have been made to sacredly pre¬ serve all those rights which grew out of freemen exer¬ cising the rights of freemen for centuries, let him ear¬ nestly vow to exercise his township duties on coming to manhood without respect to any obstacle. America Suffers — How. —America, as a nation, today is suffering and bleeding in many parts because the plain people have slept upon their local rights. Out in town¬ ship voting booths, ballots have been cast for men who went up to certain centers of influence and wealth, and in an evil hour sold the people’s birthright to corporate greed. Often reports came, which should have alarmed, but the stress of daily toil and the sophistry of the dema¬ gogue, coupled with a widespread faith among Ameri¬ cans, that powers at Washington are to bear the respon¬ sibilities of government, gave false ease. But at last the crisis came; the nation grew sick in every pore. Homes of toil, economy and thrift saw clouds of debt and fail¬ ure shut out the light of prosperity. Doubt and dismay drove money into the secret corners and banished confi¬ dence. And, after a period of intense suffering and dis¬ aster to millions of innocent women and children, what was found to be the cause of it all? THE TOWN OR TOWNSHIP 35 America Suffers — Why ?—Was it because of the tricks and knavery of Wall street ? Was it because insurance companies, railroads and corporations had bought char¬ ters from corrupt legislators and congressmen which per¬ mitted millions to be stolen from the farmer, the artisan, the widow and the orphan? The Answer. —No; but it was because the responsible citizen of the civil district and township had given a fool¬ ish excuse, instead of his active presence at the ballot box, and suffrage, thus weakened, sent sordid represen¬ tatives to the county convention. Then this county con¬ vention of ring rule and self-seeking men chose like rep¬ resentatives to legislative and congressional assemblies, until sitting at the state and national capitals were cor¬ rupt legislators, who sold votes for corporate charters and greedy United States senatorships at so much per market price. Thus Wall street thieved, insurance com¬ panies robbed, trusts oppressed, banks closed and misery stalked through the land, because the township voter did not exercise with great pride and care the priceless power of an American citizen. An Appeal .—Youth of America, upon reaching the age of 21, in the name of the home that shelters you; in the name of the commonwealth builded for you by your sainted fathers; in the name of the nation that has been baptized in blood to give you all that you possess; in the name of liberty and its God, go into every local political meeting, and there, by voice and ballot, proclaim your patriotic views! SrOOESTI VE QUESTIONS. 1. Where are civil or magisterial districts used? l\ Where are townships used and why? .‘5. What made the New England town? 4. Where are the county divisions called ••hundred." "parish." "heat." etc. r>. Why cannot town governments be applied to west and south as well as New England? «. What is the legislative body of a township? 7. What is the judge of the township? M. Who is a keeper of tin* peace in the township? *>. Trace the history of the town through England. New England and on to the west. CHAPTER VI. VOTERS A«ND VOTING. Importance .—Much has been said about the sacred nature of the ballot, and it is well to dwell there, because the power and perpetuity of the American republic de¬ pend upon the voter. State Control .—To every state is given the right to fix and regulate the qualifications of its own voters, ex¬ cept that the fifteenth amendment of the national consti¬ tution provides that no discrimination shall be made “on account of race, color or previous condition of servitude. ’ ’ The General Rule .—The usual qualifications demand¬ ed in all the states are that the voter shall be a male citizen, 21 years of age and of sound mind. However, this is modified in many ways by the several states. Citizenship. —Not always does the state demand citi¬ zenship. Some give suffrage to every male person of foreign birth, 21 years of age, who takes oath that he intends to become a citizen. This oath of intent must be taken from thirty days to one year before voting. Other Qualifications: Residence. — On approaching the polls, each state usually asks these questions: Do you reside in the state, county and voting precinct! How long in each! The voter must answer “Yes” to the first, and show that he has resided in the state from three months to two years, and in the county six months to one year and from thirty to ninety days in the precinct, before he is permitted to vote. Still others demand that a poll-tax receipt for last year be shown, and many states require ability to read and write. Some demand that the voter be able to read a section of the constitution and explain it. Registration. —To protect the ballot from hidden at¬ tack and sudden onslaught, a large number of the states VOTERS AND VOTING 37 demand that offices of registration he opened, convenient to voters, for a period of time preceding election. Here a voter must secure a certificate of registration and pre¬ sent it at the polls, or he is not allowed to vote. This is especially adapted to congested centers ,of population. Disqualifications. —Certain classes of persons are usu¬ ally debarred from the ballot. Idiots, the insane, per¬ sons convicted of a crime (unless rights are restored), paupers, duelists and bribers are usually disfranchised. Citizen Not a Voter. —Citizenship and the right to vote are not the same. A citizen is one who is born or naturalized in this country. Thus women and children may be citizens, but may not be voters. It has been ob¬ served before that one may be an alien and yet be per¬ mitted to vote. Woman Suffrage. —Woman is given the ballot on the same terms as man in Wyoming, Utah, Colorado and Idaho. Oklahoma, Kansas, New York and many other states give women the right to vote and hold office in edu¬ cational affairs. Election Day. —In most states elections for various offices are held on the first Tuesday after the first Mon¬ day in November. This brings the election of all offi¬ cers every four years upon presidential election day, but this varies widely. Secret Ballot. —The secret ballot prevails now in over two-thirds of the states. The old viva voce method, where the voter spoke his choice to the clerk of election and had his vote recorded, is giving way to the Austra- lian-ballot system. This is a system arising out of the demand for clean voting in early days of Australia, when ruffianism, bribery, intimidation and fraud surrounded the polls. Hoiv We Vote. —On election day the voter proceeds to the advertised election place, between specified hours of the day. Instead of the old-time crowd about the bal¬ lot box, lie sees the line of voters reach a certain stake or place, where a printed placard states the law on elec- 38 A STUDY OF CIVIL GOVERNMENT tions. It says that no voter without notice from officers of election shall approach closer than thirty to ninety feet of voting booths; that at a word from the sheriff of the election one to three voters may come forward and receive unmarked ballots, after having his name re¬ corded thereon and on the poll-book. The voter is asked to pass into a secret place, called a booth, and there use a marker or stencil in certain prescribed ways upon the ballot, thereby making his choice. Folding his ballot within the booth, he returns and gives his ballot to a judge of election (usually three of these, representing the leading political parties), and the ballot is deposited, without further mark, in the sealed and locked ballot box. The law usually demands that all this be done in five minutes or less. If a voter cannot read his ballot, many states permit a judge of election to enter the booth to instruct him. Liberty .—Thus we see what time, money and care are expended upon giving a free ballot to the American voter. All this is done to preserve that liberty so dear to the average boy and girl, man and woman. There is more government in this state and nation, by the people, than in other lands. There are more voters here accord¬ ing to the population, with the exception of New Zea¬ land, Switzerland and parts of Australia, than anywhere else among men. Here we vote for everything and every¬ body. School trustee, magistrate, county judge, senator, governor, congressman and president are all beneath our ballot. Truly, such individual right and privilege will be kept inviolate by coming citizens of this federal union, if to do so they need again to “pledge their lives, their fortunes and their sacred honor.” SUGGESTIVE QUESTIONS. 1. What are some things said before this as to the importance of votingV 2. Why does the state control the ballot? 3. What is the general requirement made of voters? 4. Is citizenship always required, and why is this? 5. What are special qualifications arising in many states? (5. What is demanded of the voter in state, county, township and city elections in Oklahoma? 7. What is registration, and where is it demanded? 8. What in Oklahoma will disqualify a. person for voting? 9. Explain how one may be a citizen and yet not be allowed to vote. 10. Why are not women given suffrage in every state? 11. Why is the secret ballot so popular in the country? VOTERS AND VOTING 39 12. Tell what steps are taken to get a ballot Into the ballot box by a legal Oklahoma voter when voting for president? 13. Is It true that we are the freest people of the earth? Explain. QFESTIOXS FOR DERATE. 1. Resolved, That women should have equal suffrage with men. 2. Resolved, That no one should vote unless by birth or naturalization he is a citizen of the T'nited States. CHAPTER VII. PARTY MACHINERY. Parties, Conventions and Primaries. —We called at¬ tention in a preceding* paragraph to the presence of the two great political parties about the ballot box. It would be well at this time to introduce the pupil to those great political machines known as parties, conventions and pri¬ maries. How Parties Are Formed. —In any social gathering, if a question be proposed it is likely to meet the appro¬ val of some, the disapproval of others, while a few may take no sides. Great questions of policy arise in all nations, and in one like ours, where the people are to make choice and decide, these questions divide the peo¬ ple. These divisions, when closely unified, are called political parties. Political Party Defined. —In the beginning days of our republic there was one feeling dominating all, and that was: “Stand silent while we give the noble and beloved Washington a chance to prove the ship of state a good invention.” There being little or no departure from this feeling, there were no political parties. But scarcely had the venture been made when differences growing out of interpretation of the constitution arose and like magic those believing, like Hamilton, in con¬ centration of power, fell into one rank, and found facing them a zealous host under such as Jefferson, who took for their cry of political faith a distribution of power among the people. Thus sprang into existence national political parties, whose power and organizations have controlled this country ever since, under the names fed¬ eralist, anti-federalist, republican and democratic. So a political party is a body of citizens who have a common political faith. PARTY MACHINERY 41 Conventions .—Under influence of newspapers, public speakers and other factors, of agitation, the people of common views are urged to meet at some central point and there set forth their principles. At the time and place appointed hundreds and often thousands assemble in some great hall. A temporary chairman and secre¬ tary are chosen, and with these to direct, committees of permanent organization are appointed. Some of these committees are: permanent organization, committee on credentials of delegates, and resolutions committee. When this last committee brings in a written declaration as to the assembly’s views of national policy, after dis¬ cussion and adoption, this makes the “party platform.” Thus, in great conventions, are parties usually organized and perpetuated. Because while here committees are appointed in each state and congressional district, which in turn organize the county and township for the future progress of the party. Nominations .—The election of county, state and na¬ tional officers approaches. The township or precinct com¬ mittee of each party meets and issues a call for a pre¬ cinct or township mass convention or primary. On that day they meet and choose their candidates by one of these two methods. They may also at this time in such a man¬ ner as they choose obey the call of the county committee of each party for each township to elect delegates to a county convention. This county convention or primary may, on coming together or casting its vote/ make nomi¬ nations for county officers and also obey the call of the congressional district committee for the county to send delegates to a congressional district convention at a certain specified place and time. This is done and here the parties nominate leaders or candidates for congress. This last convention must here or at some time select delegates to a state convention, who nominate state offi¬ cers. and who may at this time—but this is not usual— select delegates to a national convention. This last con¬ vention nominates paity men for national offices, as the presidency, and thus the round is made. This discloses 42 A STUDY OF CIVIL GOVERNMENT the township or precinct convention to be the source of power in our political system. Primaries Demanded. —In this extensive chain of con¬ ventions, reaching from the few citizens in the township meeting to the acres of anxious delegates in a national convention there must be some weak, because unwatched, links. Remove delegates from their creators, the people, but a little distance, and they many times forget all instructions and throw honor to the winds. There has grown a feeling among the people that the humblest citi¬ zen has as much right to select the candidate of his party as he has to vote for a candidate selected by some one else. So for years the parties have used “primaries,” wherein polls are opened under party control, at cer¬ tain times and places, and all qualified voters showing that they are party men may vote for candidates who, if chosen, are nominees. Let it be understood that in voting for such candidates the voter is not restricted in his choice. If the name of one for whom he wishes to cast his vote is not upon the ticket or poll sheet he has the right to write it there and cast his vote therefor. Primaries Adopted by State Law. —All this party machinery thus far lies without state control. But cer¬ tain states, Oklahoma being a late and splendid exam¬ ple, have incorporated in the laws of the state a demand that candidates for certain or all offices must submit their claim to a primary. Parties in Other Nations. —The party system is not so vast or complete in any other country as in America. England, with its liberal and conservative parties, is very much on the same order. Austria and Italy, without the stiff hand of the monarch, could not maintain a perma¬ nent form of government at any length. If the word “party” be used pertaining to such governments as Rus¬ sia or Turkey, let us remember another use of the term is meant. Party there usually means a group of revolu¬ tionists or plotters against the government. PARTY MACHINERY 43 si’<;< ;kstiye ( iv ES'ri<> ns. 1. \Yhat are three important portions of party machinery? 2. Show how parties naturally arise in a government like ours. 3. What has brought about the democratic and republican parties? 4. Explain how conventions arise and their use. 5. What is a party “platform"? 0. How is a candidate for president or governor brought out as nominee? 7. What is a primary and why" is it used? 8. What does the state constitution say of primaries? 9. What can be said of parties in other nations? QUESTION FOR DEBATE. . Revolved, That conventions are better for nominations than primaries. CHAPTER VIII. THE COUNTY. The County Introduced. —The township, county, town and city governments have no authority over each other. Each is fashioned for carrying out the mandates of the state; this in its appointed way, that in another. In the south and west the county is the political unit. The county does the governing; the county is supplied with a complete corps of officials and the county seat is the center of political life. Legislative Body of County. —The principal organ of county government is its legislative body, called the board of county commissioners, or board of supervisors. Where the county commissioners compose the legisla¬ tive body, the people of the whole county choose them, three in number, for periods of from one to four years. In a few states a board of supervisors, made up of the township supervisors, constitute this body. In some, the district magistrates, sitting with the county judge as presiding officer, he having no vote except in cases where a tie ensues, compose the county legislature or fiscal court. Duties of Board of Supervisors or Fiscal Court. —Its principal duties are: making and caring for roads and bridges, building and repairing public buildings, passing upon all claims and bills against the county, deciding annually upon necessary expenditures and fixing a tax rate. In many states they elect the superintendent of county schools, and if an official of the county dies or resigns, they elect a successor until a legal election oc¬ curs. Their duties are important and truly broad-gauged men should be voted into such places of usefulness. The very appearance of the county proclaims whether the people have put capable, progressive men in this office. THE COUNTY 45 Executive Officer. —There is a sheriff in most states, who is the chief executive officer of the county. His duties are: to wait upon the county and district courts; to serve summons, writs and subpoenas; to make arrests and keep the peace; to collect taxes, delivering them to the county and state treasurer; to make levies; to exe¬ cute judgments upon property and persons; to deliver prisoners to the jailer and to act as executioner, if courts condemn to death. In some states he also acts as coroner. He is given power usually to appoint deputies to assist him in all duties. It is an important office, and when a man comes to vote for sheriff, he should remember it takes a man of splendid honor, courage and lofty stand¬ ards. to be the guardian of the peace and dignity of every home in the county. County Judiciary. — The judicial authority of the county is vested in a county judge, assisted in his domain by such other courts as may be given authority in the county by the constitution; such as magisterial and dis¬ trict courts County Judge, Hi,s Importance .— In Oklahoma and many states the county judge, or probate judge, is per¬ haps the chief officer of the county. His is the tribunal where justice is chiefly dispensed, and if he be not the soul of integrity, the county suffers in every nook and corner. In many states this important office goes beg¬ ging for power to fill it, because of its poor remunera¬ tion, but the wisdom of Oklahoma’s constitution-makers is again made manifest, when they departed from prece¬ dent and singled out this office as one to offer special tribute and salary. ‘Duties of County Judge. —This court has jurisdiction of wills and estates, appoints administrators and guar¬ dians and settles accounts. In many states it grants li¬ censes, presides over the board of commissioners, super¬ intends roads, by appointing road overseers and creat- |ro- new roads, acts as bridge commissioner and guar¬ dian of the county poor, appoints officers of election, holds examining trials, sits as a county court to try minor 46 A STUDY OF CIVIL GOVERNMENT offenses and civil suits. In some states it acts as super¬ intendent of county schools, while in some others it is relieved of probate powers by a probate judge or judge of estates of deceased persons and minors. The County Clerk —Other assistance toward the good government of a county is the county clerk, whose chief business is to keep the record of the county court. He issues writs, preserves papers and records judgments. In Oklahoma and many states he issues marriage and other licenses and preserves election returns. Register of Deeds. —In some states the county has a recorder or register of deeds instead of a clerk, and some have both, as in Oklahoma. The register of deeds, as his name implies, makes record of wills, deeds, mort¬ gages, plats and all powers of attorney. The law makes it necessary that many of these instruments be recorded in order that they may be legal. The County Attorney. —The county attorney is an officer, one of whose requisites is to be a lawyer of a cer¬ tain experience. The law demands that he stand as attor¬ ney for the county in all prosecutions of violators of the law; that he give the officers of the county legal ad¬ vice in their respective spheres; in truth, he is the coun¬ ty’s lawyer in all cases where it is involved, and there¬ fore lie should be a good one. No man has a wider range of influence for good than the county attorney. The County School Superintendent , or commissioner, as sometimes called, is chief school officer of the county. This office was treated with close consideration under School Government. County Treasurer. —The county treasurer, an impor¬ tant office in some states, receives all money belonging to the county and pays it out only when he receives a warrant from the proper authority. Some states make him the collector of taxes. Surveyor Needed. —There should be a competent sur¬ veyor to whom appeals for accurate surveys can be made. Locating lines, determining tracts of land and settling conflicting claims, are some of his duties. THE COUNTY 47 The Coroner .—The coroner makes investigation of peculiar deaths, as by violence, in prison, etc. He sum¬ mons a jury, has witnesses to testify, and the jury ren¬ ders a verdict as to cause and manner of death. This process is called an inquest. In some states the coroner takes the place of sheriff. District Court Clerk .—The citizens of the county elect a clerk of the district court. His duty, as his name im- plies, is to keep record of all proceedings of the district court, while sitting in the county. It is a very important office. STTGGESTIVE QUESTIONS. 1. What Is the legislative body of the county? Name the lawmakers in your county. 2. What are some things legislated about in the county? 3. Describe the impressions left on travelers through the county. 4. What is the chief executive officer of the county? Name his duties and salary. 5. Who is the county judge of your county? what are his duties? 6. Who keeps the records of the county? 7. What is a writ? a judgment? a marriage license? election returns? 8. Who is register of deeds of your county? Name his duties? 9. What makes the office of county attorney so important? 10. Why does the county need a county surveyor? 11. What is an inquest? 1 . o QUESTIONS FOR DEBATE. Resolved, That county roads should lie worked by taxation. Resolved, That there should he a county agricultural experiment station in each county. CHAPTER JX. THE VILLAGE AND CTTY. How They Arise. —For many reasons, many people come near together and form villages and cities. Need¬ ing stronger guardianship of property and seeing they can secure better advantages if they legally band to¬ gether, special charters of incorporation are asked for. Legislative Body and Duties. —In the village the leg¬ islative function rests in a body called trustees, or coun¬ cil, from five to seven in number. They are elected by the voters of the village, for terms of from two to four years. Their chief business consists in passing ordi¬ nances, governing streets, lights, waterworks, police, pub¬ lic health and public buildings. They appoint minor officers, such as clerks, policemen, wardens of cemetery and fire department. The Executive of the Town. —The marshal or police¬ man is an executive officer, largely ministerial in his duties, being clothed with the same power as the con¬ stable of the district. . The Town Judge. —The judicial officer of the village or town is a police judge, who tries minor offenses and holds examniing trials of higher crimes. Of City Officials. All Cities Have a Mayor and Council. —As population increases, cities with from five thousand to millions are the consequence, and of course government becomes more complex. We expect to find these differing in govern¬ mental functions and in numbers and nature of officials employed. All cities have a mayor and a council. The Mayor. —The mayor is the executive head and chief officer of the city. His duties vary. In some cities he appoints the heads of departments and removes them THE VILLAGE AND CITY 49 at pleasure, lie lias the right to veto acts of the city council, and it requires two-thirds majority to pass over his veto. He is often a member of important depart¬ ments, and in the main controls their action. He pre¬ sides at council meetings, and possesses the power of voting in case of a tie. Due to local conditions, or ab¬ sence of legislative restriction, no man in America ap¬ proaches nearer dictatorship in governmental affairs than the mayor in many of our cities. The City Council or Legislature. —The city council, or legislative body, of a city sometimes consists of two bodies: the common council and the board of aldermen; often of a single body called by one of these names. They legislate as to what paving is needed, streets to be lighted, street railways to be built, sewers to be placed, museums, libraries and parks to be built, all matters relating to police, public schools, care of poor, taxation to meet ex¬ penditures, public health, etc. Some Other Officials. —There is a City Treasurer, who receives money for the city and pays out on warrants from the auditor. The City Auditor stands guard over the treasury, not a cent going out without his signature. No wonder that this post is one which in large cities disaster often over¬ takes, because where one man controls millions at the stroke of a pen, great temptations lie in wait. The Police Department requires at its head a police commissioner, with its captains, sergeants and patrol¬ men. They are agents of execution of law. The Board of Education , consisting of five or more members, attends to the public-school interests. In a city like New York, they expend forty millions of dollars annually. What a chance for philanthropy or thievery! The Public Hospitals, Asylums, Poor Houses, etc., are under the control and management of a commissioner of public charities. Assessors and Collectors compose another department of city taxes. 50 A STUDY OF CIVIL GOVERNMENT The Water Department lias control of reservoirs, aqueducts, water mains and sewers. The Fire Commissioner lias an army of tire-fighters under his control. There is a Department of Public Health that sees that houses, districts and people are kept free from filth and disease. Men of medical skill and training make up this department. Who Elects. —The mayor and members of the city council are usually elected by the qualified voters of the city. The other officers are generally appointed by the mayor. Cities are Strange Growths. —From earliest antiquity to this good hour cities have been the pride and scourge of the earth. Into them commerce has poured its gold, agriculture has swept her products, mining has dumped her ores and manufacture has been a loyal slave; and yet, from ancient Babylon to greater New York, the cities have been such putrefying sores on the body politic that it is difficult to find an excuse for their existing at all. Sources of Weakness. — Concentrated wealth and power, with man’s propensity to yield to temptation, are the factors which bring cities to shame. New York’s mayor controls more patronage directly than the presi¬ dent of the United States. One councilman in Boston represents more people than any two congressmen of Oklahoma, and yet he can walk about his district in two hours. Hardened criminals, starving tenement dwellers, irresponsible foreigners, heartless politicians and the Satanic rich are massed together against the pure ballot, and corruption is the inevitable result. Present Conditions and Future Hope. —Within the last five years the world has been shaken to the center by revelations and exposures of diabolical city officials. Philadelphia, St. Louis, San Francisco and other cities have presented themselves as civic cesspools. But be¬ hind every revelation is a reformer. Back of every re¬ former is a body of people who love civic righteousness. THE VILLAGE AND CITY 51 Out of this phase of the municipal dilemma gleams the light of hope. Hope that some day a way will be opened by which the nation’s political fens—its cities—will be cleared by intelligent ballots of their liquor-bloated poli¬ ticians, their vote-selling thugs, their smug and danger¬ ous rich. Then the city will cease to be a menace to the state and nation, and the experiment of righteous gov¬ ernment will have won its final and grandest success. SUGGESTIVE QUESTIONS. 1. What brings towns and cities into being? 2. Tell how a village is governed. 3. What officers do all city governments have? 4. Give the duties of the mayor in a large city. 5. Why is he given so much power, and is this right? 6. What is the legislative body in such cities as New York, St. I.ouis ana Oklahoma City? 7. What are some other officers of the city and their main duties? 8. Tell the story of mismanagement and corruption in some cities of this country. 9. Why are cities so hard to govern well? 10. What will purify them at last? QUESTION FOR DEBATE. Resolved, That the commission form of city government is best. \ CHAPTER X. THE STATE. What constitutes a state? Not high-raised battlement or labored mound. Thick wall or moated gate : Not cities proud with spires and turrets crowned. Not bays and broad-armed ports Where, laughing at the storm, rich navies ride : Not starred or spangled courts. No! Men, high-minded men— Men who their duties know. And know their right and knowing, dare maintain—- Prevent the long-aimed blow And crush the tyrant while they rend the chain— These constitute a state: And sovereign law that with collected will On crowns and globes elate. Sits empress, crowning good, repressing ill. —»S' ir Will inm J onex . SO NO. “OKLAHOMA.” A Ton si. 1 give you a land of sun and flowers And summer, the whole year long : I give you a land where the golden hours Roll by to the mocking bird's song. Where the cotton blooms 'neath the southern sun : Where the vintage hangs thick on the vine. A land whose story is just begun. This wonderful land of mine. ('hurts : Oklahoma ! Oklahoma ! fairest daughter of the west ; Oklahoma ! Oklahoma ! 'tis the land I love the best. We have often sung her praises. But we have not told the half ; So I give you “Oklahoma." 'Tis a toast we all can quaff. A land where the fields of golden grain Like waves on a sunlit sea. As it bends to the breezes that sweep the plain. Waves a welcome to you and me. Where the corn grows high neath the smiling sky ; Where the quail whistles low in the grass And the fruit trees greet with a burden sweet And perfume the winds that pass. —Harriet Parker Camden. TERRITORIAL CONDITIONS. Introductory. Oklahoma Forty-Sixth State. — The state of Okla¬ homa is the forty-sixth in the galaxy of states. It is composed of what was formerly the territory of Okla¬ homa and the Indian Territory. THE STATE 53 Indian Territory Part of Louisiana Purchase. —Prior to 1890 the entire area constituting the state was known as the Indian Territory. It had been the home of nu¬ merous tribes of Indians since the Louisiana Purchase, of which it formed a part, in 1803. Upon the 30th of April of that year the Treaty of Paris was concluded between France and the United States, and in that treaty it is recited that the “French republic has an incontest¬ able title to the domain and to the possession of Louisi¬ ana. 99 In Article III is this significant language: •The inhabitants of the ceded territory shall hr incorporated in tin union of Ihr I nited Stales, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of tlie I’nited States : and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property and the religion which they profess.” States Carved out of Louisiana Purchase. —Since 1803 fourteen states have been wholly or partially carved out of the empire included in the Louisiana Purchase. But, to the people of Oklahoma, how long the realization of the guaranty contained in the Treaty of Paris—the priceless boon of statehood! Oklahoma and Indian 'Territory Separate and Dis¬ tinct. —Prior to statehood and subsequent to 1890 the ter¬ ritory of Oklahoma and Indian Territory had been sepa¬ rate and distinct territories. The vast area comprised reservations of the Five Civilized Tribes—Creek, Semi¬ nole, Cherokee, Choctaw and Chickasaw; also the Sac and Fox, Iowa, Kansas, Pottawatomie, Shawnee, Cheyenne, Arapahoe, Apache, Comanche, Wichita, Osage, Kiowa, Caddo, Wyandotte, Delaware, Pawnee, Tonkawa, Snake, Kickapoo, Otoe, Ponca, Seneca, Modoc, Quapaw and pos¬ sibly some others. By act of congress in 1890 the terri¬ tories of Oklahoma and Indian Territory as they existed up to the time of statehood, were created. A brief sum¬ mary, showing the transition from territorial to state government, will now be given. Oklahoma Territory. Its Creation and ( Int ernment. —The territory of Okla¬ homa was created May 2, 1890. I pon April 22, 1889, by 54 A STUDY OF CIVIL GOVERNMENT proclamation of the president, a tract of more than five million acres was thrown open to settlement. This was land purchased from the Creeks and Seminoles by the federal government. Fifty thousand people entered the reservation the first day, but for more than a year the people were without organized government, except the United States court, which sat at Muskogee. Subse¬ quently a strip of land 170 miles long and 35 miles wide, known as “No Man’s Land” (so called because not in¬ cluded in any state or organized territory), was organ¬ ized as a part of the territory. The latter strip now com¬ prises Cimarron, Texas and Beaver counties. In 1891 nearly 300,000 acres, formerly lands of the Sac and Fox, Iowa, Pottawatomie, Shawnee, Cheyenne and Arapahoe Indians, were opened to settlement; and in 1893 the Cher¬ okee Strip of 6,000,000 acres, comprising lands of the Cherokees, Tonkawas and Pawnees, were opened. After these openings, practically the only lands left occupied exclusively by Indians were those of the Osage Nation and Kickapoos, and those of the Kiowas, Wichitas, Co- manches, Caddos and Apaches in the squthwestern por¬ tion of the state, out of which have been organized the counties of Comanche, Tillman, Kiowa and Caddo. The lands of the latter tribes were allotted and opened to settlement in 1901. Oklahoma Given Territorial Government .—In 1890 the territory of Oklahoma was given full territorial gov¬ ernment. The executive power of the territory was vested in a governor and secretary, appointed by the president, and other subordinate officers provided by the territorial laws. The legislative power was vested in an assembly, elected by the people, consisting of a coun¬ cil and house of representatives, numbering thirteen and twenty-six members respectively. The judicial power was vested in a supreme court, district courts, probate courts and justices of the peace. The supreme court, under the organic act, consisted of three justices, ap¬ pointed by the president, but later the number was in¬ creased to seven. Each supreme justice held court in a district designated by the supreme court, and when THE STATE 55 sitting together, they constituted the supreme court of the territory. The probate courts and justices of the peace and all other county officers which we now have were elected by the people. The territory was divided by the organic act into seven counties, named, respect¬ ively, First to Seventh. The names of these counties were subsequently changed to the following, which names they held until changed by the state constitution: Grant, Kay, Garfield, Noble, Kingfisher, Logan, Payne, Lin¬ coln, Oklahoma, Canadian, Blaine, Caddo, Custer, Dewey, Day, Woods, Woodward, Beaver, Greer, Roger Mills, Kiowa, Washita, Comanche, Cleveland, Pottawatomie. Guthrie was created the seat of government. A dele¬ gate to congress, to be elected by the qualified voters of the territory, was provided for. He had a seat in con¬ gress, but no vote. Greer County. —There had been a dispute for a num¬ ber of years between the state of Texas and the United States over the ownership of Greer county, and provision was made in the organic act for a settlement of that con¬ troversy by the supreme court of the United States. The point in dispute was whether the north fork or south fork of Red River was the boundary between the Indian Territory and Texas, according to the treaty of 1819, entered into by Spain and the United States. The su¬ preme court in 1895 determined that the south fork was the true boundary and that Greer county was subject to the jurisdiction of the United States. sroOESTI VK QI’ESTIONS. 1. In the order of admission to the union what place does Oklahoma occupy/ 2. Of what large tract is Oklahoma a part? .'1. What provision was contained in the treaty of Carls? 4. Flow manv states have l>eou formed out of Louisiana Territory? o. What Indian nations comprised Oklahoma and Indian Territory prior to statehood ? »>. When was Oklahoma Territory created? 7. Describe the opening of the various tracts of Indian lands, s. When was Oklahoma Territory given territorial government? 0. Describe its territorial government. 10. What is said about (Jreer county? Indian Territory. Its Creation , Subdivisions and Government—Home of the Five Civilized Tribes. —By the same act which ere- A STUDY OF CIVIL GOVERNMENT 06 ated the territory of Oklahoma the Indian Territory as it existed prior to statehood was created. This territory comprised the home of the Five Civil¬ ized Tribes—the Cherokee, Creek, Seminole, Choctaw and Chickasaw. These tribes had been granted the lands included in the Indian Territory, as now defined, by treaties entered into between the tribes and the United States fifty or sixty years previously, under the terms of which the tribes accepted the lands granted in lieu of their lands in the Carolinas, Alabama, Georgia, Florida and Mississippi, and agreed to remove from those states to the Indian Territory. Under the terms of the grants some of these tribes were to have the ceded lands “as long as the grass grows and the water flows.” Government of the Five Civilized Tribes. —Prior to 1898 the Five Civilized Tribes exercised their functions of government, each having a complete set of officials. Each had a chief, or governor, tribal courts and legisla¬ tures or councils. Even since 1898, although the tribal courts were abolished, their governments have been con¬ tinued in a modified form for the purpose of winding up the tribal affairs. Civil Government in Indian Territory. —Under the act of 1890 the Indian Territory was divided into three judicial divisions, and the United States judge appointed under the act of 1889 was limited in his jurisdiction to the three divisions. In 1895 these divisions were changed to the Northern, Central and Southern districts, and at the time of the admission of the state another district had been added, namely, the Western. The Northern district comprised the Cherokee Nation; the Western dis¬ trict, the Creek and Seminole Nations; the Central dis¬ trict, the Choctaw Nation, and the Southern district, the Chickasaw Nation. At the time of the admission of the state there were two United States judges for each dis¬ trict, four of whom constituted the United States court of appeals of the Indian Territory, to which appeals could be taken from the respective districts. TH K STATE 57 Towns and Schools in Indian Territory. —Prior to 1898 there were no incorporated towns in the Indian Ter¬ ritory, and, aside from the jurisdiction exercised over cities by the United States courts, there was no govern¬ ment. True, each Indian tribe had a government, but the tribes had no power or authority over white people, and these governments at best were wholly unable to com¬ bat crime and stamp it out. In 1898, there were upward of 350,000 persons in the Indian Territory, and the coun¬ try was dotted with towns ranging in population from 100 to 5,000. Yet there was no organized town govern¬ ment in any of these. There were no schools except the Indian schools, to which only Indian children were eligi¬ ble, except upon payment of a tuition. True, there was occasionally a neighborhood school, supported by private subscription, but these were not many, and thousands of children were growing up in ignorance. Ardmore, Muskogee, South McAlester, Chickasha, Vinita, Pauls Valley and one or two other towns, each had a population of from 1,500 to 5,000, yet there was no police protection, no protection for the health of citizens, and no public schools. In truth, no town government. In 1898 con¬ gress passed a law known as the “Curtis bill,” which permitted towns to incorporate and form municipal gov¬ ernments, and the people within a few months organized modern, up-to-date municipalties. Unsightly frame pri¬ vate school buildings soon gave way to modern brick and stone structures, and thousands of poor children in the towns who were unable to pay tuition to attend private school were now enabled to secure the benefits of the public school. .Pauls Valley First Town to Have Public School .— Pauls Valley was the first town in the Indian Territory to establish a public school, and it is a fact worthy of mention that two men who took prominent part in shap¬ ing that event are in charge of the public-school system of Oklahoma. State Superintendent E. I). Cameron, then a resident of Pauls Valley, together with Hon. J. B. Thompson, was more instrumental than any other in molding sentiment in favor of the public school, and Mr. 58 A STUDY OF CIVIL GOVERNMENT J. W. Wilkinson, assistant state superintendent, was its first principal. Terms of Enabling Act; Status of Indians. —By the terms of the enabling act, admitting the state of Okla¬ homa into the union (Sec. 1), and the constitution of the state (Art. I, Sec. 3), the United States retains, and the state disclaims, all right and title in or to “all lands lying within the limits of the state, owned or held by any Indian, tribe or nation; and that until the title to any such public land shall have been extinguished by the United States, the same shall be and remain subject to the jurisdiction, disposal and control of the United States It therefore becomes exceedingly important for the future citizen of Oklahoma to know the status of the Indians residing in old Oklahoma Territory, and in that portion of the state formerly known as Indian Territory, inasmuch as those Indians have a dual responsibility and citizenship, which is not at first easily understood. They are amenable to the laws of the state in everything ex¬ cept their property rights, and in the latter, subject to the qualifications and limitations above quoted. Supervision of Department of Interior. —The depart¬ ment of the interior at Washington has from the first had and still has under the terms of the enabling act and the state constitution power and authority to allot the lands to the Indians. There is an Indian agency, called the Union agency, at Muskogee, which together with the commissioner to the Five Civilized Tribes (an officer appointed by the president), represents the department of the interior in winding up the affairs of the Five Civ¬ ilized Tribes. There are also Indian agencies at Ana- darko and Pawhuska. Allotment of Lands. —Each Indian has an allotment which consists of a tract of land varying in size from forty acres to several thousand. The acreage of the allot¬ ment is determined by its value. Indians and Slaves. —The Five Civilized Tribes owned slaves before the Civil War, and these slaves of Indians THE STATE 59 and their descendants are called freedmen. Each free¬ man has an allotment, which varies in size in the differ¬ ent nations. The land of freedmen and the homesteads of the Indians cannot be disposed of during the lifetime of the Indian, not exceeding twenty-one years. Leasing of Indian Lands; Minerals. —Each Indian can allot lands located only in the nation of which he is a member, except the Choctaws and Chickasaws, who may allot lands located in either the Choctaw or Chick¬ asaw Nations. The Indians are permitted to lease all their lands except homesteads, and under some circum¬ stances may lease the homestead. They receive a royalty upon the production of minerals, oil and gas, and in the Osage, Creek and Cherokee Nations these royalties in some instances amount to thousands of dollars per year. The department of the interior has supervision of leases made by Indians by blood. Indian Schools. — There is also a vast amount of money held in trust by the government for the Indians for support of Indian schools. Prior to statehood Indian children could attend these schools free. Tn the Indian Territory these schools were under the supervision of John I). Benedict, who, during a superintendency of ten years, developed the system to a high degree of efficiency. STTGGE ST IV K <} V E ST IONS. 1. When was Indian Territory created? 2. What tribes lived in this territory? 3. Describe the government of the Five Fivilized Tribes. 4. Give a brief summary of the government by the United States in Indian Territory prior to statehood. 5. What was the condition of towns and schools in Indian Territory prior to statehood ? 6. What is the legal status of Indians and Indian lands in the state? 7. What supervision has the department of the inetrior in the state? 8. Of what does an allotment consist? ft. What are freedmen and what provision is made relative to them? 10. What provision is made relative to leasing lands of Indians? 11. What is said about Indian school funds? QUESTIONS FOR DERATE. 1. Resolved, That Oklahoma and Indian Territory should l>e separate states. 2. Resolved, That territorial government was preferable to statehood. CHAPTER XI. STATE GOVERNMENT-CONTINUED. The Constitutional Convention. Struggle for Statehood. —For seventeen years Okla¬ homa and Indian Territory had been clamoring for state¬ hood. The territory o’f Oklahoma, having a delegate in congress, possessed an advantage over the Indian 'Ter¬ ritory. The latter had no voice in congress and no authorized representative who had local pride and inter¬ est in its development and progress, entitled to recogni¬ tion by the executive and legislative powers in' Wash¬ ington. For seventeen years Oklahoma and Indian 'Ter¬ ritory had been sending their patriotic volunteer dele¬ gations annually to the seat of government, knocking at the doors of congress for admission to the union, in a vain endeavor to secure the performance of the guar¬ anty contained in the Treaty of Paris. Who, among those who lived in the two territories, and particularly in the Indian Territory, for any con¬ siderable number of years, can ever forget the struggle for statehood? Meetings without number were held,* countless resolutions were passed, hundreds of citizens and delegations made the annual pilgrimage to Washing¬ ton, only to return home in gloom and disappointment. The repeated disappointments, however, only served to make the efforts of the people more determined and per¬ sistent, and on June 16, 1906, the enabling act was ap¬ proved by the president' Provisions of Enabling Act; Meeting of Convention. This act provided for the formation of one state out of the two territories, and that delegates to a constitutional convention should meet on the second Tuesday after their election. The election for delegates was held Nov. 6, 1906, and on the 20th the delegates met in convention at Guthrie. The proposed state of Oklahoma had com¬ menced to make history! STATE GOVERNMENT 61 ('on rent ion Composed of 112 Delegates .—The con¬ stitutional convention was composed of 112 delegates, 99 of whom were democrats, 12 were republicans and 1 was independent. To the democrats therefore necessa¬ rily belong the credit and honor of writing the constitu¬ tion of Oklahoma. Meeting of Convention .—Of the meeting and sessions of the convention no better pen picture has been drawn than that by the well-known writer, Frederic Upliam Adams, which we give: “The city hall of Guthrie will be known as the birthplace of the Oklahoma constitution, and we can look forward to a day when grandchildren ten genera¬ tions remote will stand with uncovered heads and gaze about the crumbling interior of the room in which their inspired forefathers penned the immortal document which bequeathed them all of their wonderful prosperity. Ooubtless there will be handed down to them tales of the ridicule and obloquy which was heaped on- these pioneers who dared build a ship of state with turbine engines instead of masts and sails, and doubtless they will believe that all of wisdom perished with the men who happened to draft' their constitution. . . . Let me contribute one picture for the future schoolbook historian. Scene, (iuthrie; time, the spring of 1907 ; location, the city hall, from the tower of which one can look out on a sea of undulating hills and prairies checker-boarded with fields of cotton and corn, and dotted to the horizon with herds of cattle. Within the hall are met the stalwart farmers who are framing the new constitution. Hovering about them are the lawyers and lobbyists who are there to represent the corporations and other ‘vested interests.' It is only a resetting of the world- old picture of the battle of the masses against fortified power, save that the latter has been stripped of the weapons of force. The delegates are gathering. It is the day when there shall be decided the question of whether the ‘initiative and referendum’ be incorporated in the constitution. There are rumors that money has been used to advantage with delegates pledged for this radical reform. Excited farmers discuss the possibility, and glare at the well-groomed attorneys who are arguing with the delegates. “('hairman Rill Murray mounts the platform and sweeps the hall with his piercing glance. Down comes his gavel with repeated crashes on his table. The tumult ceases. 'The convention will come to order!’ Murray shouts, with a final blow of the gavel. ‘Delegates will take their seats, loafers and lobbyists will get out! We will begin by singing that grand old hymn. “Nearer, my Cod to thee.'' and as every delegate arises to his feet the wonderful voice of the chairman rings out with words which all know and sing : “ ‘Nearer, my Cod, to thee. Nearer to thee. E'en though it be a cross That raiseth me : Still all my song shall be. Nearer, my Cod. to thee. Nearer to thee.' “If an attempt was made to use money to sway the votes of the men in Guthrie it had as little effect as it would on Cromwell's covenanters. . . . The lobbyist is out of his depth in a place where men open their proceedings with ‘Nearer, my God. to thee.' and scores of times when the Oklahoma delegates met lit that Guthrie hall its walls shook with the chorus of men who attempted to vote as they sang.” Constitution Completed .—The constitutional conven¬ tion was in session, barring a recess during the holidays and another during the spring of 1907, until July 16. 1907, at which time it presented to the people the com¬ pleted constitution. A STUDY OF CIVIL GOVERNMENT 62 Opposition to Adoption; Election on Constitution .— The division of old counties of Oklahoma, the creation of counties in Indian Territory (it had no counties), and the location of county seats, aroused vigorous opposition in the affected localities, while, added to this opposition was the unabated antagonism of federal officeholders and corporations. The convention was assailed with injunc¬ tions, and its membership charged with being corrupt and ignorant, but throughout the entire period until the signing of the president’s proclamation, the defenders of the constitution remained firm and pressed home to the citizenship of Oklahoma the merits of that document. Upon Sept. 17, 1907, the anniversary of the adoption of the constitution of the United States, the constitution was adopted by an overwhelming vote of the people and shortly thereafter was submitted to the president for his approval. It must he understood that under the terms of the enabling act the president had the power to ap¬ prove or disapprove the constitution, and determined efforts were made by the opponents of statehood to pre¬ vent his approval. A committee, composed of Messrs. Ledbetter, Hayes and Moore, together with Hon. J. B. Thompson, went to Washington to present the views of the convention and the advocates of statehood, and the president announced later that he would approve the con¬ stitution and issue his proclamation. Signing of President's Proclamation. —Upon Satur¬ day, Nov. 16, 1907, at 9:16 o’clock a. m. (10:16, Wash¬ ington time), the news was flashed over the wires from Washington that President Roosevelt had affixed his sig¬ nature to the proclamation granting statehood. Who, among those who favored statehood, will ever forget the sensation of joy and happiness which thrilled his soul when the news reached Oklahoma! Whistles blew, bells rang, guns were fired and strong men shouted and shed tears for joy. The Twentieth Century Constitution—a new declaration of independence, as it were—was to be placed on trial and the empire state of Oklahoma had taken its place in the sisterhood of states. ST A TE (1 <) V E R N M E N T 63 Inauguration of Governor Haskell .— It must he under¬ stood that as soon as the proclamation was signed the law which had previously been in force in the Indian Territory ceased to be the law there. In order that no hiatus might occur between the time the old government ceased and the new government commenced a special. wire was held open from Washington to Guthrie in order that there would be no delay in the transmission of the message. This precaution was taken at the request of the governor-elect, primarily because the Standard Oil company was building its oil pipe line across the line ot the Indian Territory into Kansas. At the time the proclamation was signed the pipe line was only a few feet from the Kansas line. Governor-elect Haskell was aware of this fact, and he was awaiting anxiously the news from Washington. At 9:20 a. m. (10:20, Wash¬ ington time), in his apartments at the Royal Hotel, the oath of office was administered to the governor-elect, and he immediately wired instructions stopping operations on the pipe line! Thus, by the prompt action of the new governor, the people of Oklahoma had preserved to them the right to control and regulate the production of a great public commodity which was about to be piped out of the state! Inaugural Ceremonies .—A vast throng had assembled in Guthrie to witness the inauguration, preparations for which had been made in advance. An allegorical mar¬ riage ceremony was performed between Mr. Oklahoma and Miss Indian Territory, and shortly after 12 o’clock noon Governor Haskell again took the oath of office in the presence of the vast multitude and delivered his ad¬ dress. That paper was a masterful document, and its patriotic passages should be an inspiration to every citi¬ zen and future citizen of the commonwealth: “We are here not so much for speech ns you are assembled to celebrate the day of Oklahoma's liberty, the day when we can raise the Hag of our united country and feel In our hearts the pride of American citizenship and let us remember now. fellow citizens, that when we gaze upon these beautiful stars and stripes, that it has for 11 s in Oklahoma every feeling of pride and sentiment that It has for the people of any other state in the union, and more. It means more to Oklahoma than it does to any other state. With us its colors are emblematic of other facts. It reminds us that the state of Oklahoma is the other state. With 11 s its colors are lirst of all the states of the union carved out of an area the property of the native American, without having driven 64 A STUDY OF CIVIL GOVERNMENT the original American owners from its borders or buried them beneath the sod. The right of conquest may he a legal right, but (tod knows it has seldom ever been an honest source of title. Oklahoma is the exception to the rule, ‘To the victors belong the spoils.' We are the hist state where the original American, the owners of the soil, remained in large numbers as free and equal citizens with their white neighbors and took part in the formation and control of the state government. These nations that upon the laws of congress have the distinction of being named as the ‘Civilized Tribes’ are uniting with their white neighbors on the grounds of legal equality. Therefore the added pride in the hag of our country. We hnd the white stripes emblematic of the white race ; we hnd the stripes of red emblematic of the red race, and uniting them beneath the held of azure we join heart and hand—the red and the white man—in saying. ‘Glory, glory, long live the state of Oklahoma !’ Let us have an administration of worthy deeds and not of empty words." Our Debt of Gratitude .—To those patriotic citizens who were members of the constitutional convention the future citizen of Oklahoma owes a debt of gratitude, for his personal and property rights have been safeguarded and protected to an extent not provided for in any other constitution. When the future historian writes the his¬ tory of Oklahoma he will, in justice, pay tribute to those distinguished men who composed the convention—Mur¬ ray, Ledbetter, Allen, Henshaw, Kornegay, Kane, Chief Justice Williams, Hayes, Pittman, Graham, Sandlin, Asp, Hopkins, Johnston, Lasater, Rose, Moore, Ellis and the others — patriots all — and to its guiding and moving spirit, C. N. Haskell, whom, as a reward for his able counsel and leadership in behalf of the people, a grateful citizenship elevated to the highest office in the state. i. 3. 4. 5 . 6 . 7. S. 1 ). SUGGEST! YE QUESTIONS. Describe briefly the conditions prior to statehood. When was the enabling act approved by the president, and what did it provide? When were delegates to the constitutional convention elected? When and where did they meet? What number composed the convention? When was the constitution presented to the people? When was the election upon the constitution held? When did we become a state?? Describe the conditions surrounding the inauguration of Governor Haskell. What is said about our debt of gratitude to the members of the constitu¬ tional convention? CHAPTER XII. THE CONSTITUTION OF OKLAHOMA. State Government Divided Into Three Departments. —We have already stated that the federal government and all state governments are divided into three depart¬ ments ; namely, legislative, executive and judicial. Our state constitution in Article IV makes this division. It will not be attempted in this chapter to treat in detail our state constitution, inasmuch as it is embodied in full in this volume, with appropriate questions following each article. Only a general outline of the state system will be given, with observations relative to the features wherein it differs from most constitutions. We will therefore look into the various provisions briefly, under app ropri a te headings. L eg is la tire D epa rtmcnt. Senate and House; Powers; Off icers. —The legislative authority is vested primarily in the people and in a leg¬ islature (Sec. 51). The legislature consists of two branches—the senate and house of representatives. The senate consists of not more than forty-four members and their term of office is four years (Sec. 63). The house consists of not more than 109 members, and their term of office is two years (Sec. 66). The state is divided until the next federal census into thirty-three senatorial districts. There is at least one representative in each county. Senators must be at least 25, and members of the house at least 21 years of age (Sec. 87). Members receive six dollars per day and ten cents per mile as com¬ pensation, but after sixty days have elapsed they receive two dollars per day (Sec. hi). The presiding officer of the senate is the lieutenant-governor, and he is desig¬ nated president of the senate (Secs. 98-148). The senate, however, elects a president pro tempore , who presides A STUDY OF CIVIL GOVERNMENT 66 in the absence of the lieutenant-governor (Sec. 98). The senate elects its standing committees (Sec. 98), while the speaker appoints the committee of the house, as a rule. No measure shall take effect until ninety days after its passage, except in case of emergency (Sec. 131). The salary of the lieutenant-governor is $1,000 per annum, while the speaker receives the regular compensation of other members. The succession to the governor-ship is lieutenant-governor, president pro tempore and speaker. Executive Department. State Officers .—The executive authority of the state is vested in the following, with their respective salaries attached: Governor, $4,500; lieutenant-governor, $1,000; secretary of state, $2,500; state auditor, $2,500; attor¬ ney-general, $4,000; state treasurer, $3,000; superintend¬ ent of public instruction, $2,500; state examiner and in¬ spector, $3,000; chief mine inspector, $3,000; commis¬ sioner of labor, $2,000; commissioner of charities and corrections, $1,500; commissioner of insurance, $2,500; corporation commissioners, $4,000; and such other offi¬ cers as may be provided by law or the constitution. The above officials are elected by the people and their term of office is four years. The first eight named must be at least 30 years of age. The governor, secretary of state, state auditor and state treasurer shall not be eligible im¬ mediately to succeed themselves. Other Boards .—In addition to the foregoing there are created a board of agriculture, composed of farmers (Sec. 164), who has jurisdiction over all matters affect¬ ing animal industry and regulations, and they are, in addition, the board of regents for the state agricultural and mechanical college; also the commissioners of the land office, who have charge of all matters affecting pub¬ lic and school lands (Sec. 165). Governor .—The governor is the supreme executive power of the state (Sec. 135), is commander-in-chief of the militia (Sec. 139), may convoke the legislature in special session (Sec. 140), and shall cause all laws to be executed (Sec. 141). He conducts the business of the THE CONSTITUTION OF OKLAHOMA 67 state with other states and with the United States (Sec. 141). He communicates by message with the legisla¬ ture, advising it of needed legislation and the condition of the state (Sec. 142). He has power to pardon con¬ victed persons (Sec. 143), and may veto any bill passed by the legislature (Sec. 144). He shall commission all officers not otherwise commissioned and shall appoint persons to fill all vacancies (Sec. 146). In case of dis¬ agreement between the two houses with respect to the time of adjournment he may adjourn them (Sec. 147). Lieutenant-Governor .—The lieutenant-governor shall possess the same qualifications as the governor and shall be president of the senate (Sec. 148). In case of the death, resignation or inability of the governor to act, he shall perform the duties of governor (Sec. 149). Secretary of State .—The secretary of state shall keep a register of all official acts of the governor and shall attest them when necessary. All original copies of laws and other state papers are deposited in his office. He is the custodian of the great seal of the state and authenti¬ cates all documents with it, when necessary, such as arti¬ cles of incorporation, certified copies of laws, pardons, etc. State Examiner and Inspector .—This is an office not found in most states. This officer must be an expert ac¬ countant and shall examine twice a year the books of every county treasurer. He shall also prescribe a uni¬ form system of bookkeeping for the county treasurers of the state. Coin mission er of Labor .—This office has charge of all matters relative to labor, and recommends needed legis¬ lation pertaining to that subject. Commissioner of Insurance .—This officer attends to all matters relative to all kinds of insurance. He deter¬ mines whether insurance companies have complied with the law, collects the fees and regulates all insurance mat¬ ters. Chief Mine Inspector .—This is an unusual office. The incumbent must have had at least eight years’ experi- A STUDY OF CIVIL GOVERNMENT 68 ence as a practical miner. He lias supervision of all matters pertaining* to mines, oil and gas. Commissioner of Charities and Corrections.— This is an unusual and very important office. The commissioner lias charge of the investigation and regulation of all pub¬ lic charities, jails, hospitals, asylums, etc., and may be of either sex. Bank Commissioner. —This officer is appointed by the governor for a term of four years. He has supervision of banks and banking in the state, examines the books of all banks in the state, except national banks, and makes needed regulations and recommendations (Sec. 315). The Clerk of the Supreme Court is another officer elected by the people of the entire state at the same time as the governor. He must be at least twenty-five years of age, and his term of office is four years (Sec. 176). He has charge of all papers in cases pending before the supreme court, keeps a journal of its proceedings and certifies to its official acts. The attorney-general, state auditor, state treasurer and state Superintendent of public instruction are not given specific duties by the constitution, except where they have been made members of boards or have unusual duties imposed upon them. The Attorney-General is the state’s lawyer. He ad¬ vises the governor and all departments upon law ques¬ tions and attends to all law suits in which the state is interested. The State Auditor audits all accounts against the state and issues warrants in payment of the state’s debts before they are presented to the treasurer. The State Treasurer is the custodian of the funds of the state and pays all warrants issued by the auditor. The State Superintendent of Public Instruction has supervision of all educational matters. He is president of the board of education. Every one should familiarize himself with the great seal of the state. It is the product of the mind of Dele- THE CONSTITUTION OF OKLAHOMA 69 gate Gabe E. Parker, and is replete with historical beauty (Sec. 168). Judicial Department . Courts .—The judicial power of the state is vested in the senate sitting as a court of impeachment, supreme court, district courts, county courts, courts of justice of the peace, municipal courts and such other courts as may hereafter be created. Impeachment .—All elective officers of the state may be impeached (Sec. 199) by the senate, sitting as a court of impeachment (Sec. 201). The Supreme Court is the highest court in the state. It is composed of five justices, who must be at least 30 years of age and practicing lawyers or judges for five years. Their term of office is six years. The state is divided into five supreme districts. Each supreme dis¬ trict nominates the justice for that district, but he is voted upon by the people of the entire state. The su¬ preme court renders opinions, which are printed in books, called “Oklahoma Reports.’’ Its decisions are the high¬ est in the state and must be followed by all other state courts and officers. The court appoints a marshal, who attends the sessions of the court and serves all writs or other process. The salary of supreme justices is $4,000 per annum. Of the first justices elected the term of two expires in 1909, two in 1911 and one in 1913. District Courts .—The state is divided into twenty-one judicial districts, and there is a district judge of each district, elected by the voters thereof. The district court has jurisdiction of all civil and criminal cases except such as is conferred upon some other court. The term of office of the judge is four years; he must be at least 25 years of age, a practicing lawyer or judge for four years, and is paid a salary of $3,000 per annum. Appeals may be taken from the district court to the supreme court. County Courts. — There is a county court in each county and a judge thereof called the county judge. The term of office of the county judge is two years. He re- 70 A STUDY OF CIVIL GOVERNMENT ceives a salary varying from $1,000 to $3,000 per an¬ num, according to tiie size of the county. The county court tries all matters pertaining to estates of deceased persons and children and may try any case not involving more than $1,000. It may also try misdemeanor cases and act as an examining magistrate. In the absence of the district judge the county judge may exercise all the powers of the district court or judge. Justices of the Peace may try all cases involving not more than $200, and may try misdemeanor cases where the punishment does not exceed a fine of $200 and im¬ prisonment in jail for thirty days. Justices of the peace also act as examining magistrates. Cities of more than twenty-five hundred inhabitants have two justices of the peace. There are two justices for each municipal town¬ ship. Federal Relations. Provisions of Enabling Act. —Article I relates to the federal relations. In it is contained those provisions which it was made necessary by the enabling act to em¬ body in the constitution in order to secure statehood. The provisions of the enabling act referred to can be found in section 3 of that act. Bill of Rights. Its Province. —The bill of rights is contained in Arti¬ cle II. It is an enumeration of rights guaranteed to every citizen of Oklahoma, and they are in addition to those guaranteed every citizen under the first eight amendments of the federal constitution. No law can be passed by the state legislature, nor any act committed by any person, which in any way infringes upon any of these rights. Prominent among them, wherein they differ materially from the federal constitution and other state constitutions, are the following: Personal Attention to Duties. —Every officer elected or appointed shall give personal attention to the duties of his office. THE CONSTITUTION OF OKLAHOMA 71 Information; Indictment; Grand Jury. — A person may be prosecuted by information; that is to say, when a person is charged with crime the county attorney may file a paper called an information, charging the person with an offense, and that person may be brought to trial upon it. A grand jury has nothing to do with an infor¬ mation. An indictment is always found by a grand jury, which in this state consists of twelve men, any nine of whom may find an indictment or “true bill.” The grand jury may meet upon order of the judge or upon petition of 100 resident taxpayers. Trial of Cases; Verdict .—In the trial of civil cases (which means all cases not criminal), and in criminal cases for the trial of misdemeanors, three-fourths of the jury may render a verdict. In most states, all the jurors are required to concur. Libel; Definition .—A person cannot be convicted of libel if what is written or published is true. Libel is the malicious writing or publishing of an untrue statement about another. Levees, Drains and Ditches.—A person may build a drain or ditch across the lands of another without his consent where the ditch or drain is to be used for agri¬ cultural. mining or sanitary purposes. In this connection attention is directed to section of Article XVI, which provides that the legislature shall regulate levees, drains, ditches and irrigation, and that a person who is benefited by them may he compelled to contribute toward their construction. These two provisions are exceedingly im¬ portant to farmers and are not, we believe, to be found in any other constitution. Contempt; Definition .—“In no case shall a penalty or punishment be imposed for contempt until an opportu¬ nity to be heard is given.” Contempt is where one wil¬ fully disobeys an order of a competent court. No per¬ son can be convicted of violating an order of injunction when not in the presence of the court, without a trial by jury. This provision is not to be frtund in any other constitution and is designed to safeguard the rights of 72 A STUDY OF CIVIL GOVERNMENT the individual. An injunction is an order of a competent court, commanding or prohibiting the commission of an act. Evidence Tending to Establish Guilt of Another .— A person may be compelled to give evidence tending to establish the guilt of any other person or corporation, even though that evidence may tend to incriminate him, but no person giving such evidence can be prosecuted on account thereof. In this connection it is well to consider the provisions of section 21 of the bill of rights and the fifth amendment to the federal constitution, which pro¬ vide that no person shall be compelled to be a witness against himself. Corporations; Open to Inspection. — The records, books and files of corporations shall be at all times sub¬ ject to inspection under authority of the state. See also subdivision, “Corporations,” in this chapter. No Person to Be Transported Out of State .—No per¬ son shall be transported out of the state for any purpose without his consent, except as is provided by law. 'Phis provision was enacted because of the kidnaping of Hay¬ wood in Colorado and his removal without his consent and without a requisition to Idaho. State May Engage in Business. —The state may en¬ gage in any occupation or business for public purposes, except it shall not engage in agriculture for any other than educational or scientific purposes. Initiative and Referendum. Definitions; Legislative Powers Primarily in People. —This provision in a state constitution is comparatively new, only one state, Oregon, having it. The legislative authority of a state is usually vested in a legislature, but in this state (Sec. 51), in addition to the power of the legislature, “the people reserve to themselves the power to propose laws and amendments to the constitu¬ tion and to enact or reject the same at the polls independ¬ ent of the legislature, and also reserve power at their own option to approve or reject at the polls any act of THE CONSTITUTION OF OKLAHOMA 73 the legislature . ” This is a wise provision. The initia¬ tive is the power given the people to propose (Sec. 52), and the referendum is the power given the people to reject (Sec. 53) any legislative measure. The veto power of the governor does not extend to measures voted on by the people (Sec. 53). The initiative and referendum is further reserved to every county, district and municipal¬ ity, and the voters thereof may exercise this power with respect to all local matters in accordance with the laws of the state (Sec. 57). This power is further reserved specially to municipalities (Sec. 415). The power of the initiative and referendum is the most advanced step to¬ ward a pure democracy which has been taken by any state in the union. Corporations. Two Ways of Regulating Them; Definition. —Okla¬ homa can justly claim to have gone further than any other state in the regulation and control of corporations in her constitution. There are two ways of controlling- corporations : one is by confiscation and the other is by regulation. Oklahoma has provided for the regulation of corporations. When we say “corporations,” we mean all corporations except municipal corporations and those owned or controlled by the state. A corporation in these days is just as necessary as an individual in the conduct of business. What man is there in your neighborhood who has money enough to build a railroad or a factory? Yet, by the association of several individuals, enough money can be raised to build a railroad or a factory, and when these individuals are so organized for purposes of profit, having a capital stock, officers and directors, and exercising certain powers given them by law and in their by-laws, they are called a corporation, and, as such, so long as they attend to their legitimate business in a law¬ ful manner, they are entitled to the protection of the laws—no more and no less. Corporation Commission; Doners and Duties. —Arti¬ cle IX creates the corporation commission and defines its duties. This commission has control over all trails- 74 A STUDY OF CIVIL GOVERNMENT portation and transmission, electric light, gas, heat and power companies, known as public-service corporations, and may regulate their rates and charges and correct abuses of which they may be guilty. Within the proper exercise of its jurisdiction it has all the powers of -the district court and may punish for contempt, its decision is supreme, except that an appeal may be taken to the supreme court, providing a sufficient bond is given by the appealing company. No court except the supreme court has power to in any way control its actions. The commission has full power to inspect books and.papers of any public-service corporation. The latter are not permitted to consolidate with any parallel line, nor can any railroad transport any article produced by it. All railroads must provide adequate and comfortable de¬ pots, must not pass within a distance of four miles of any county seat without passing through it, and must furnish cars for any one operating a mine, sawmill, grain elevator or other industry. The commission also has power to arbitrate, upon request, differences between cor¬ porations and employes. No transportation or trans¬ mission company is permitted to furnish any free pass to any one except those mentioned in section 217. No railroad shall charge more than 2 cents per mile for pas¬ senger fare, except upon order of the commission (Sec. 251). Corporations are not permitted to contribute to¬ ward elections. No corporation shall be created or li¬ censed for the purpose of dealing in real estate other than in incorporated towns. This is a very unusual provision, and is designed to prevent corporations from securing possession of large tracts of land (Sec. 434). Revenue and Taxation. Method of Raising Revenue; Taxes; Debts .—It costs something to keep up the establishment of government. The method adopted to create the necessary revenue is taxation of property. All property is divided into two classes, real and personal. The former includes real es- state and buildings thereon, and the latter includes all other property, such as personal effects. All taxes are THE CONSTITUTION OF OKLAHOMA 75 assessed upon an ad valorem basis, which means it is assessed at its fair cash value. Except as hereinafter mentioned, the total taxes in the state shall not exceed in any one year 31 mills on the dollar (Sec. 274). For the purpose of erecting public buildings the citizens of any locality may vote an addtional tax of five mills. Pro¬ vision is also made for the levy of a tax sufficient to pay the interest and principal of the state debt within twenty-five years (Sec. 267) and for the levy of special license, franchise and income taxes (Sec. 278). The leg¬ islature may authorize the levy of a poll tax on all elect¬ ors under the age of 60 years. A state board of equali¬ zation is created (Sec. 287), with power to equalize and adjust all property of the several counties and to assess all railroad and public-service corporations. The public debt of the state shall not at any time exceed $400,000 (Sec. 289), except in case of invasion, rebellion or insur¬ rection (Sec. 290), except that a majority of the voters of the state may authorize an additional indebtedness for some specified work or object (Sec. 291). Money bor¬ rowed bv the state, county or other political subdivisions of the state can be used only for the purpose for which * it is appropriated. Exemption . — All property used for religious and educational purposes, property belonging to the United States, state, county or municipality, household goods of heads of families not exceeding $100 in value, and all growing crops, are exempt from taxation. Personal property not exceeding $200 in value belonging to ex¬ union and ex-confederate soldiers is also exempt. For the purpose of inducing the establishment of manufac¬ turing enterprises, the people of any city or town are authorized to exempt them from taxation for a period of five years. Oath of Office. Should Be Memorized.—The oath of office provided in the constitution is very binding, and must be taken by all legislative, judicial, state and county officers. It should be memorized by every citizen and future citizen of Oklahoma, and is worthy of adoption by other states of the union. Education and Schools. Oklahoma Progressive; Free Schools. —The state of Oklahoma has taken a progressive stand upon the subject of education. We have provided for a system of free separate public schools and for the establishment of in¬ stitutions for care and education of the deaf, dumb and blind. Compulsory Attendance. —The constitution also pro¬ vides for the compulsory attendance at some public or other school of all children who are sound in mind and body and between the ages of 8 and 16 years, for at least three months in each year. A uniform system of text-hooks is provided for, and power is conferred upon the legislature to provide for teaching the elements of Agriculture , Horticulture, Stock-Feeding and Domes¬ tic Science in the common schools of the state. This last provision is both wise and unique, and is not, we believe, to be found in any constitution but ours. School Fund and Lands. —A splendid heritage will be left our children in the school funds and lands of the state. In lieu of any public lands in the Indian Terri¬ tory, congress granted $5,000,000 to the new state, to be invested for the benefit of the public schools, the interest thereon to be used exclusively for their support and maintenance. There was also granted to the state sev¬ eral thousand acres for the benefit of the common school fund and the higher educational institutions. The value of these lands has been estimated at from forty million to one hundred million dollars. Much of this school land contains valuable mineral deposits. The state derives a revenue from these lands by renting them. What It Amounts to.—Upon April 1, 1908, the state owned more than *2,000,000 acres, divided into nearly 8,000 tracts. From the rental of these tracts the state THE CONSTITUTION OF OKLAHOMA 77 received an average annual rental varying from $69 to $106 per quarter section. The total annual rental is more than one-half a million dollars. In addition, the state owns more than 1,000,000 acres granted under the enabling act for the benefit of the University of Okla¬ homa and other institutions of higher learning. How the Permanent School Fund is to Be Invested .— Under the constitution the permanent school fund is to be invested in first mortgages upon good and improved farm lands within the state, and bonds. Under this wise provision thousands of struggling farmers are enabled to borrow money from the state to the amount of 50 per cent of the reasonable value of their lands, with interest at the rate of 5 per cent per annum. Oklahoma to Lead in Education. —With this enormous school fund, with the revenues constantly increasing, Oklahoma is destined to equal, in the matter of educa¬ tion, any state in the union. Counties. General Provisions and Power. —There are seventy- five counties in this state (Art. XVII). Each county has a county seat, at which all the business of the county is carried on. The county boundaries and county seats are fixed by the constitution, and can only be changed by amendment to the constitution or by vote of 60 per cent of the voters of the locality affected (Sec. 326). No county boundary may be nearer than ten miles to the county seat; nor shall any county contain less than 400 square miles, 15,000 people, and taxable wealth not less than two and a half million dollars. The levy of taxes in each county shall not exceed eight mills, provided that two mills additional may be added for schools (Sec. 275), and a majority of the qualified voters may authorize an additional levy of five mills for the erection of public buildings (Sec. 276). No county or other subdivision of the state shall be allowed to become indebted for any purpose in any one year exceeding the income of that year (Sec. 292), without the assent of three-fifths of the voters, nor shall any indebtedness in the aggregate ex- 78 A STUDY OF CIVIL GOVERNMENT ceed 5 per cent of the valuation of taxable property of the county. No bond or evidence of debt of any county shall be valid unless there is indorsed thereon a certifi¬ cate showing- that it is within the debt limit (Sec. 295). County and Township Officers; Compensation. —Jus¬ tices of the peace and other township officers receive fees. The county officials and their compensation (which varies according to population) are as follows: Judge, $1,000 to $3,000; attorney, $1,000 to $3,000; sheriff. $1,600 to $2,800; clerk of the district court, fees; register of deeds, $800 to $2,000 and fees; clerk, $500 to $1,600; treasurer, $800 to $2,200; superintendent, $3 per day to $1,200 per annum; surveyor, fees; commissioners, $1,000. Municipal Corporations. Definition and Powers; New Charters. —A municipal corporation is an organized town or city, having a mayor or other executive officers provided by law. In this state municipal corporations have such powers as are usually conferred upon them and have additional powers, chief among which is the power given the people to make or amend their charters. Every city of over 2,000 inhabit¬ ants may frame a charter for its own government by electing a board of two persons from each ward. This board formulates a charter containing such local provi¬ sions as are desired, and if a majority of the voters of the city ratify it, it is submitted to the governor, and upon his approval becomes the charter of the city. By this procedure any city may have any form of govern¬ ment not inconsistent with the constitution which its citizens desire. It is under this provision that many cit¬ ies are agitating the Galveston plan, or “commission form of government.” The initiative and referendum is specially reserved to every municipal corporation by section 415. By this means ordinances may be initiated and repealed. No franchise can be granted, extended or renewed except by vote of the people, and no exclu¬ sive franchises shall be granted. A franchise is a right or license granted by the state, county or municipality to use the public highways, streets or a'llevs of a city, for THE CONSTITUTION OF OKLAHOMA 79 purposes of its business. Every municipality may en¬ gage in any business (Sec. 422) and may construct and operate any public utility (Sec. 293). It may also levy and collect assessments for local improvements upon property benefited thereby (Sec. 272). Under this pro¬ vision any neighborhood in the town may build sidewalks or otherwise improve its condition. Labor. Our constitution contains many provisions favorable to labor, chief among which are the following: Eight hours shall constitute a day’s work for the state, county or municipality (Sec. 435), and in all cases in mines underground (Sec. 438). The contracting of convict labor is prohibited (Sec. 436). The employment of children under the age of 15 years in any occupation injurious to health or morals or hazardous to life or limb is prohibited (Sec. 437). Boys under the age of 16 years and women and girls shall not be employed underground (Sec. 438). Provision for arbitration between employers and em¬ ployes, heretofore referred to (Secs. 226-257). The creation of a department of labor (Sec. 153) and provision for the creation of a board of arbitration and conciliation (Sec. 154). Prohibition . By the enabling act the manufacture or furnishing of liquor in that portion of the state formerly known as Indian Territory was prohibited for twenty-one years. This became the law regardless of any action on the part of the state. The constitutional convention, however, provided that this prohibition should extend to the en¬ tire state, and the prohibition article thus adopted was ratified by the people. The legislature is authorized to create an agency in each town of not less than 2,000 and at least one in each county, where liquor may be secured upon prescription by a physician for medicinal purposes. CHAPTER XIII. THE NATION. Government of the United States. PRELIMINARY OBSERVATIONS. “Youngster, let that show you what it is to be without a family, without a home and without a country. And if you are ever tempted to say a word or to do a thing that shall put a bar between you and your family, your home and your country, pray God in his mercy to take you that instant to his home in heaven. Stick by your family, boy ; forget you have a self while you do every¬ thing for' them. Think of your home, boy. write and send, and talk about it. Let it be nearer and nearer to your thoughts the farther you have to travel from it. And for your country, boy, and for that ting, never dream a dream but serving her as she bids you, though the service carry you through a thousand hells. No mat¬ ter what happens to you, no matter who flatters you or who abuses, never look at another flag, never let a night pass but you pray God to bless that flag. Remember, boy, behind all these men you have to do with, behind offices and government and people even. thex*e is the Country Herself, your Country, and that you belong to her as you belong to your own mother. Stand by her. boy, as you would stand by your mother .”—Edu ard Everett Hale, in “A Man Without a Country.” SONG, "AMERICA." My country, 'tis of thee. Sweet land of liberty. Of thee I sing: Land where my fathers died. Land of the pilgrim's pride. From every mountain side Let freedom ring. My native country, thee. Land of the noble free. Thy name I love: 1 love thy rocks and rills. Thy woods and templed hills : My heart with rapture thrills Like that above. Let music swell the breeze. And ring from all the trees Sweet freedom's song : Let mortal tongues awake; Let all that breathe partake: Let rocks their silence break. The sound prolong. » Our fathers’ God. to thee. Author of liberty. To thee we sing: Long may our land be bright With freedom's holy light : Protect us by thy might. Great God, our King. Rights Denied the Colonists .—The constitution of the United States was adopted by the convention of the states Sept. 17, 1787. It was the outgrowth of the eneroach- THE NATION 81 merit by the mother country upon certain inalienable rights of men, designated in the constitution as “life, lib¬ erty and property.’’ To be more specific, the inalienable rights alleged to be violated were according to an emi¬ nent authority (Cooley,* Const. Law, p. 8), included in four main points, to wit: •p. Imposing taxes without the consent of the people’s representatives. 2. Keeping up standing armies in time of peace to overawe the people. 3. l>eny- ing a right to trial by a jury of the vicinage in some cases, and providing for a transportation of persons accused of crimes in America for trial in Great Britain. 4. Exposing the premises of the people to searches, and their persons, papers and property to seizures on general warrants." All these rights were enjoyed by Englishmen, hut were denied to Americans. Articles of Confederation. —The articles of confedera¬ tion were proposed by congress in September, 177(i. 'They were ratified in 1778 by all but two states—Delaware and Maryland—the two latter giving their assent in 1779 and 1781, respectively, and in March, 1781, congress assem¬ bled under the confederation. War had been going on for several years and the common interest of the colonies had impelled them to act together in their common de¬ fense. It was believed, therefore, that the articles of confederation would tie more closely the mutual bonds of common interest and defense. The articles accom¬ plished this end but imperfectly. They were simply de¬ signed to create a “firm league of friendship,” and after being in force about six years, it was found advisable to form a constitution which would make the union of the states more complete and satisfactory. Superiority of the Constitution. —A careful reading of the articles of confederation and the constitution of the United States will disclose the wisdom of the latter document and the weakness of the former. The pream¬ ble of the constitution expresses this idea, for it pro¬ vides, “We, the people of the United States, in order to form a more perfect union,” etc. Defects of the Articles of Confederation. —The de¬ fects of the articles of confederation were many. There was no provision for a national judiciary nor an execu¬ tive head. It had no authority to compel obedience to 82 A STUDY OF CTVI1 v GOVERNMENT laws, and many of the states would not tax their people for its support. They sometimes refused to pay their allotted shares of interest on the national debt. Con¬ gress had no power to regulate trade and make treaties. These and many other defects made the failure of the confederation inevitable. It was, in short, merely “a hoard of advice without governmental efficacy,” and after the states had secured their independence, the confedera¬ tion was tottering on the threshold of dissolution. An early revision of the articles therefore became impera¬ tive, and a convention of the states was called by resolu¬ tion of congress adopted in February, 1787, to meet in May, 1787, to accomplish this purpose. Action of the Convention Revolutionary .—Regarding the procedure of the constitutional convention an eminent authority (Cooley, Const. Law, p. 15), says: "The convention when it met. after full consideration, determined that alter¬ ations and amendments to the articles would be inadequate to the purposes of government, and proceeded to recommend a new constitution, and to provide that ‘the ratification of the conventions of nine states would be sufficient for the establishment of this constitution between the states so ratifying the same. As this was in disregard of the provision in the articles of confederation, which required the assent of every state, it teas a revolutionary proceeding, and could be justified only by the circumstances which had brought the union to the brink of dissolution." Constitution Adopted. —The convention met behind closed doors upon May 25, 1787, and was in session until Sept. 17, 1787. Many of the more important proposi¬ tions embodied in the constitution were adopted after a close vote, and the entire document was the result of many compromises. Probably no single member was satisfied with all the provisions, but nearly all felt that it was the best document which could be secured. Only three members refused to attach their signatures to it. James Madison was a member of the convention. He was a shorthand reporter and made copious notes of the proceedings. These notes were not published until nearly half a century later, and they now furnish to the stu¬ dent the only detailed account of the actions of the dis¬ tinguished patriots composing the convention. Government Inaugurated. —March 4, 1789, was the time fixed for the organization of the government, but THE NATION 83 it was not in fact inaugurated until April 30, 1780. North Carolina and Rhode Island, did not become members of the union, however, until November, 1789, and May, 1790, respectively. Bill of Rights; Federal and State Sovereignty; Rule of Construction. —The constitution contains no enumera¬ tion of fundamental rights, generally termed “bill of rights.” The omission of this feature was made a ground of opposition to ratification on the part of several states, and the first eight amendments were subsequently adopted in deference to this sentiment. They are, in effect, a bill of rights. The purpose of these amend¬ ments and similar provisions in the constitution itself was to limit the power of the federal government, not of the states. This proposition should be kept clearly in mind in construing the constitution. The constitu¬ tion, except as provided in section 9, Article I, does not enumerate the limitations upon the power of the national government regarding individual liberty. The federal government is one of enumerated powers, and, as pro¬ vided in the tenth amendment, all “powers not delegated to the United States by the constitution nor prohibited by it to the states, are reserved to the states respectively or to the people.” Therefore the restrictions or limi¬ tations in the constitution are to be construed as restric¬ tions only upon the federal government, unless the word “state” is expressly used. When this rule of construc¬ tion is kept clearly in mind, it will not be difficult to see where federal sovereignty ceases and state sovereignty begins. “When a particular power is found to belong to the states, they are entitled to the same complete inde¬ pendence in its exercise as is the national government in wielding its own authority. Each within its sphere has sovereign powers .” (Cooley, Const. Law, p. 35.) sroOEST!VK QUESTIONS. 1 When was the constitution of the United States adopted? •_> what were four main points of difference between the colonies and the mother country? •{ When were the articles of confederation proposed and ratified' -I What is said about the defects of the articles of confederation? What is said about the powers of the constitutional convention? «! What Is said about the bill of rights? ... , , . 7 What Is the ruty* of construction in regard to federal and state rights? CHAPTER XIV. THE NATION (CONTINUED). Form of Government; Constitution Supreme. —We have a republican form of government. It is so called because it is a government by representatives of the people. Each state has a republican form of government. All the states in the union comprise the national or fed¬ eral government. The federal government has certain enumerated powers and those which arise from necessary implication (to carry these powers into effect) only. The states have all other powers not prohibited to them by the federal constitution. As heretofore stated, each within its sphere has sovereign powers. It is, however, expressly provided in Article VT that “This constitution and all laws of the l nited States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” All Off icers Must Take Oath. —It is further provided that senators and representatives, members of legisla¬ tures and all executive and judicial officers, national and state, shall take an oath to support the constitution of the United States. Similarity of National and State Governments— It will be seen, therefore, that we have two classes of gov¬ ernment in the United States: federal and state. The federal government is divided into three branches: leg¬ islative, executive and judicial. Each state makes the same division. The head of the nation is the president. The chief executive of a state is the governor. The exec¬ utive branch of the nation exercises its authority through the president and departments. The executive branch of a state exercises its authority through the governor and the heads of the several departments. There is a vice-president. The state has a lieutenant-governor. The THE NATION 85 nation has a congress composed of a senate and house of representatives. The state has a legislature composed of senate and house. There is a national judiciary com¬ posed of a supreme court and inferior courts. The state has a judicial system, including a supreme court and inferior courts. The student will see at once, therefore, that the federal and state governments are very similar. Legislative Department. Congress; Members. — All legislative powers are vested in congress, consisting of a senate and house of representatives. The members of the house are elected every two years, while senators hold their office for six years, one-third of the latter being elected every two years. Representatives must be at least 25, and senators at least 30, years of age. Representatives and direct taxes are to be apportioned among the several states, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. “Other persons” referred to were slaves. This provision was amended in so far as it related to the representatives, by section 2 of the fourteenth amendment, which provided that all persons should be counted, except Indians not taxed. The four¬ teenth amendment was passed after the war. The num¬ ber of representatives provided in the constitution was fixed at one for every 30,000, but this ratio has steadily increased until the ratio now is one for nearly 200,000. The number of representatives in the first house was 65. Now it is 391. The number of senators in the first senate was 26. Now it is 92. When vacancies occur in represen¬ tation from a state, they shall be filled by writs of elec¬ tion issued by the governor. The manner of filling a vacancy in the office of representative is provided by law in each state. The presiding officer of the house is the speaker. The house has the sole power of impeachment and of originating bills of revenue. The manner of elec¬ tion of president and vice-president, in which the house participates, is referred to in another place. (See Exec¬ utive Department.) 8 6 A STUDY OF CIVIL GOVERNMENT Senate; Election; Organization; Powers. —Under the constitution the first senators elected were divided into three classes, each class to serve for two years. There¬ after the term should be six years. The governor of a state appoints a person to fill any vacancy in the senate. A senator must have been nine years a citizen of the United States and an inhabitant of the state for which he shall be chosen. The presiding officer of the senate is the vice-president, but the latter has no vote unless the senate be equally divided. The senate shall choose its other officers, including a president pro tempore , who presides in the absence of the vice-president. The senate shall have the sole power to try all impeachments, and when sitting for that purpose the senators shall be under oath or affirmation. When the president of the United States is tried, the chief justice of the supreme court shall preside, and two-thirds of the members present must concur in order to convict. Judgment in cases of impeachment shall extend only to removal from office and disqualification to hold any other office, but the party convicted may also be subject to indictment and trial. Senate Continued; When Congress Meets. — Each state regulates the time and manner of holding election for senators and representatives, except that senators must be elected by the legislature. Congress may, how¬ ever, make or alter such regulations. Congress assem¬ bles once every year upon the first Monday in December. There is a long session and a short session every alter¬ nate year, the short session adjourning at noon on the fourth day of March, but the long session may continue for a year, or until the time for convening the next ses¬ sion. Senate and House; Rides of Proceedings. — Each house is the judge of the election and qualification of its own members. No other power can interfere with the exercise of this power. A majority of each constitutes a quorum. Each house determines the rules of its pro¬ ceedings, may punish members for misconduct and by a two-thirds vote may expel a member. Each house shall keep a journal of its proceedings, and the vote bv yea THE NATION 87 and nay, that is, the vote by individual members, may be entered on the journal upon request of one-fiftli of those present. Neither house during the session of congress may, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses are sitting. Members; Compensation , Privileged From Arrest .— The compensation of members is provided by act of con¬ gress. It is now fixed at $7,500 per year. Each member is privileged from arrest while attending congress, except for treason, felony or breach of the peace, and may not be questioned in any other place for anything said in congress. No senator or representative shall during his term hold any civil office under the authority of the United States. Passage of Bills. —All revenue bills must originate in the house. After passage there, they are sent to the senate. A bill, in order to become a law, must be passed by a majority vote of each house. It is then sent to the president and the latter may approve or disapprove it. If he disapproves the bill it is sent back to the house in which it originated, and if that house and the other house pass the bill by a two-thirds vote, it shall become a law. If any bill shall not be returned by the president to the house in which it originated within ten days it shall nevertheless become a law, unless congress, by its ad¬ journment, prevents its return, in which case it shall not be a law. Powers of Congress. —As heretofore stated, congress has only such powers as are expressly given it in the constitution, or arise by necessary implication. These express powers are as follows: To provide for the national revenues. To borrow and coin money, provide punishment for counterfeiting coins and fix the standard of weights and measures. To regulate commerce. To provide for naturalization of citizens and to pro¬ vide a uniform law on bankruptcy. To establish postoffices and post roads. 88 A STUDY OF CIVIL GOVERNMENT To provide for copyrights and patents for authors and inventors. To constitute tribunals inferior to the supreme court and to regulate the jurisdiction of the federal courts. To define and punish treason, piracies and felonies on the high seas and offenses against the law of nations. To declare war, raise and support armies and navy, and make all necessary rules for the government of the land and naval forces. To provide for calling forth the militia and for the organization of the state militia. To exercise exclusive legislation over the seat of gov¬ ernment and other places under the exclusive jurisdic¬ tion of the United States. To provide for choosing electors for president and vice-president. To prescribe the manner in which acts, records and proceedings of one state may be proved in another state. To admit new states into the union. To propose amendments to the constitution. To make all laws necessary and proper for carrying into execution the foregoing powers. To provide for the enforcement of the thirteenth, fourteenth and fifteenth amendments. Executive Department. President and Vice-President. —The executive power of the national government is vested in the president, who, together with the vice-president, holds office four years. Election of President and Vice-President. —As a mat¬ ter of fact, the people do not vote directly for president and vice-president, but they vote for electors, who in their turn vote for president and vice-president. Each state has the same number of electors as it has senators and congressmen. It frequently happens that the people cast more votes for certain candidates for president and vice-president, who, however, are not elected because the opposing candidates receive the majority of the electoral votes. THE NATION 89 Manner of Election .—Article II is now superseded provided that the person receiving the highest number by the twelfth amendment. The constitution originally of votes should be president and the person receiving the next highest should be vice-president. This naturally resulted in the president and vice-president sometimes being of opposite political views. At present the electors cast their ballots for president and vice-president and send them sealed to the president of the senate, who, in the presence of both houses, opens them. The persons receiving the greatest number of electoral votes, if it be a majority, are declared president and vice-president. If no person receives a majority, the house of represen¬ tatives elects the president and the senate elects the vice- president. Only once in the history of the nation has a dispute arisen over the proper procedure, and this oc¬ curred in the election of President Hayes in 1877. In that case a joint high commission was created to deter¬ mine the disputed election returns from some of the states. President and Vice-President; Qualifications; Suc¬ cession to Presidency .—The president and vice-president must be native citizens of the United States, and at least 35 years of age. In case of death or inability to act of the president the vice-president shall become president or perform the duties of president. After the vice-presi¬ dent the order of succession to the presidency is as fol¬ lows : Secretary of state. Secretary of the treasury. Secretary of war. Attorney-general. Postmaster-genera 1. Secretary of the navy. Secretary of the interior. Secretary of agriculture. Secretary of commerce and labor. The President; Powers and Duties .—The president is commander-in-chief of the army and navy; has the 90 A STUDY OF CIVIL GOVERNMENT power to grant reprieves and pardons for offenses against the United States except in cases of impeach¬ ment ; lias the power, by and with the advice and consent of the senate, to make treaties and to appoint ambassa¬ dors, judges of the United States courts, cabinet officers and all other appointive officers in the employ of the United States, unless their appointment is otherwise pro¬ vided for by act of congress or the constitution. The president has power to convene both houses or either of them in extraordinary session; shall communicate to them from time to time on the state of the union (the custom has been to do this by written message at least once a year at the opening of congress); shall have power to fill vacancies in appointive positions; may adjourn congress in case of its disagreement; shall receive am¬ bassadors and other public ministers; shall take care that all laws be faithfully executed; and shall commission all officers.of the United States. SUGGESTIVE QUESTIONS. 1. How are the legislative powers of government vested? 2. Of what does congress consist ? 3. Give the qualifications, powers, term and duties of senators. 4. Give the qualifications, powers, term and duties of representatives? 5. What provision was first made relative to slaves? 6. What is the ratio of representation in the house? 7. What is the membership of the senate and house? 8. How are vacancies in the senate and house filled? 9. Who is the presiding officer of the senate? Of the house? 10. W’hat house presents impeachments and which house tries them? 11. When the president is impeached how is he tried? 12. How are senators elected? 13. When does congress assemble? 14. What is the length of the long and short sessions? 15. What is said of the powers of each house? 10. What is the compensation of members? 17. Are members privileged from arrest? 18. What provision is made relative to revenue bills? 19. How may a bill become a law? 20. What are the express powers of congress? Executive Departments .—The business of the execu¬ tive branch of the government is carried on through departments. The head officer of each department is a member of the cabinet. The cabinet, according to custom, meets at the White House twice a week, and all matters of public import are discussed at such meetings. The head of each department is responsible for the con¬ duct of that department, and the president usually fol¬ lows the advice of his cabinet in all his official actions. THE NATION 91 Each head of a department makes an annual report to the president, setting forth the conduct and needs of his department. Congress has at different times in the his¬ tory of the nation created these various departments and placed a cabinet officer at the head of each. At present they are as follows: State, War, Navy, Justice, Treasury, Interior, Postoffice, Agriculture, Commerce and Labor. Heads of Deportments. —The head of each department is designated ‘ ‘ secretary, ’ ’ as secretary of state, ’ ’ etc.; except the department of justice and the postoffice de¬ partment, the heads of those departments being desig¬ nated “attorney-general” and “postmaster-general” re¬ spectively. Bureaus and Divisions. —Each department has a num¬ ber of bureaus or divisions, and these may be found in the Addenda. Intercourse With Foreign Nations. —The state de¬ partment carries on the business of the government witli the various states and with foreign nations. The presi¬ dent appoints an ambassador, minister or consul to each foreign country, and his duty is to look after American interests and report to the state department. The other departments have jurisdiction over the matters indi¬ cated by the various divisions and bureaus. Impeachment. —The president, vice-president and all civil officers of the United States may be removed from office on impeachment for and conviction of treason, bribery and other high crimes and misdemeanors. Salary of President and Vice-President. —The salary of the president is $50,000, and that of the vice-president, $12,000, per year. SrOUBSTIVK 01 EKVIONS. 1. In what officer is the executive power? 2. What is the term of the president and vice-president? T How art* the president and vice-president elected? 4. Wfiat are the qualifications for president and vice-president? What Is the order of succession to the presidency? tt. What are the powers of the president? 7. What is the cabinet? 5. What is the duty of the head of a department? P. Into what departments is the executive branch divided? A STUDY OF CIVIL GOVERNMENT 92 10. Enumerate the bureaus or divisions in each department : (at Department of state. i b) Department of the treasury. ( c) Department of war. (d) Department of justice. ie) Postoffice department. (f) Department of the navy. (gt Department of the interior, i In Department of agriculture. (it Department of commerce and labor. (yi Independent and miscellaneous. 11. What is said about ambassadors, ministers and consuls? 12. I low may I lie president, vice-president and ail civil officers be removed from office ? 13. What is the salary of the president and vice-president? Jiidieial Department . Supreme , Circuit and District Courts. —The judicial power of the ITiited States is vested in the supreme court and such other courts as may be created by congress. The number of supreme judges is now fixed by act of con gress at nine. Each state lias one or more federal dis¬ trict court districts. There are also nine circuit court districts or circuits. A judge of the supreme court is assigned to each circuit, and holds court therein once a year. There is a circuit court of appeals for each circuit. Jurisdiction. —The United States courts have juris¬ diction in all cases arising under the constitution, laws of the United States or treaties; affecting ambassadors and other public ministers and consuls; arising on the high seas or relating to admiralty; in all cases of con¬ troversy between different states; and in cases of diverse citizenship; that is, between citizens of different states.* It. will be seen, therefore, that unless a case comes within the provisions above mentioned, it is brought in the state courts and the state supreme court is the highest court in the state. But in all cases involving any of the ques¬ tions within the provisions above mentioned, suit must be brought in the United States district or circuit court and may be appealed to the supreme court of the United States. Wherever a suit involving a federal question (and by that is meant any question relating to the consti¬ tution or laws of the United States) is brought an ap¬ peal may be taken from the state courts in like manner to the supreme court of the United States. The supreme, circuit and district judges held office for life. THE NATION 93 SITJepot Office. Office of the Commissary-General. Office of the Surgeon-General. Army Medical Mueseum and Library. Office of Attending Surgeon. Office of the Paymaster-General. Office of Post Paymaster. Office of the Chief of Engineers. Office of the Chief of Ordnance. Office of the Chief Signal Officer. Office of the Chief of Artillery. Bureau of Insular Affairs. Office of Public Buildings and Grounds and Washington Monument. Office of Washington Aqueduct. Board of Ordnance and Fortification. Department of Justice. Solicitor-General. Assistant to the Attorney-General. Assistant Attorneys-General. Assistant Attorney-General for Interior Department. Solicitor for the Department of State. Solicitor of the Department of Commerce and Labor. Solicitor of Internal Revenue. Assistant Attorneys. Special Attorneys. Special Assistant Attorneys. Law Clerk and Examiner of Titles. Superintendent of Prisons and Prisoners. Attorney in Charge of Pardons. Chief Examiner. Office of the Solicitor of the Treasury. . Spanish Treaty Claims Commission. Postoffice Department. Office of the First Assistant Postmaster-General. Office of the Second Assistant Postmaster-General. Office of the Third Assistant Postmaster-General, office of the Fourth Assistant Postmaster-General. Department of the \arp. Office of the Admiral of the Navy. Bureau of Yards and Docks. Bureau of Equipment. Hydrographic Office. Naval Observatory. Bureau of Navigation. Office of Naval Intelligence. Bureau of Ordnance. Bureau of Construction and Repair. Bureau of Steam Engineering. Bureau of Supplies and Accounts. Bureau of Medicine and Surgery. < tffiee of the .1 udge-Advocate-General. Navy Yard and Station. Washington. D C. Navy Pay Office. Naval Hospital. Naval Medical School. Naval Medical School Hospital. Naval Dispensary. General Board. Board of Inspection ami Survey. Naval Examining Board. Naval Retiring Board. Board of Medical Examiners. / 108 A STUDY OT CIVIL GOVERNMENT Headquarters Marine Corps. Marine Barracks. Department of the Interior. General Land Office. Patent Office. Bureau of Pensions. i Pension Agency. office of Indian Affairs. Bureau of Education. Office of the Geological Survey. Reclamation Service. J department of Agriculture. Weather Bureau. Bureau of Animal Industry. Bureau of Plant Industry. Forest Service. Bureau of Chemistry. Bureau of Soils. Bureau of Statistics. Bureau of Entomology. Bureau of Biological Survey, office of Experiment Stations. Division of Accounts and Disbursements. Division of Publications. Library. Office of Public Roads. Department of Commerce and Labor. Bureau of Corporations. Bureau of Manufactures. Bureau of Labor. Light-House Board. Bureau of the Census. Coast and Geodetic Survey. Bureau of Statistics. Steamboat Inspection Service. Bureau of Fisheries. Bureau of Navigation. Bureau of Immigration and Naturalization. Bureau of Standards. Independent and Miseellaneous. Smithsonian Institution : National Museum. Bureau of American Ethnology. International Exchanges. National Zoological Park. Astrophysical Observatory. Regional Bureau for the l nited States. International Catalogue or Scientific Literature. International Bureau of the American Republics. Interstate Commerce Commission. Civil Service Commission. Government Printing Office. United States Geographic Board. National Botanic Garden. National Home for Disabled Volunteer Soldiers. Soldiers' Home. Isthmian Canal Commission. Commission to the Philippine Islands. International Waterways Commission. American National Red Cross. Columbia Institution for the Deaf and Dumb. Government Hospital for the Insane. Howard University. Washington City Postofflce. (Constitution of the United States to be inserted here) STATE OF OKLAHOMA I lAofe.—'1 he number of each question refers to the section numlier of tue constitution and enabling act.) ARTICLE I. Federal Relations. 1. What does the preamble provide? 2. What is the supreme law of the land? (See also section 495, **Resolution Adopting Constitution of the I nlted States.’) 3. What provision is made relative to religious sentiment? (This provision was adopted in conformity to section 3, subdivision nrst. of the enabling act. Section 50tJ.) 4. In whom is the title to unappropriated public lands? 5. What provision is made relative to taxation of residents and non-residents? (This provision and the one preceding were adopted in conformity to section 3. subdivision third, of the enabling act. Section bus.) (а) Is property of the United States taxable? e made? 76. How may tlie legislative apportionment l>e reviewed? 77. Into how many senatorial districts is the state divided? (This number shall be changed, however, after 11)10. See section 64. > 70. What counties elect two representatives? SO. IIow many representatives does Garfield county elect? (ol How many representatives does Greer county elect? 82. IIow many representatives does Lincoln county elect? 83. What counties elect three representatives? 84. IIow many representatives has Oklahoma county? 85. What pairs of counties elect an additional representative? 80. W7iat trio of counties elect one representative? 87. What are the qualifications of senators and representatives? 88. Who are ineligible to serve as members of the legislature? SI). I'uder what circumstances may a member be ineligible? (a i If one is punished for contempt or disorderly conduct before the legis¬ lature, may he be reindicted for the same offense? 90. How are vacancies in the legislature filled? 01. What is the compensation of members of the legislature? (‘> what provision is made relative to employes of the legislature? rv CONSTITUTION OF THE 123. What is said about exempting property from taxation? 124. May the legislature grant exclusive rights or privileges? 125. What provision is made relative to reviving or taking away rights or remedies ? 126. What limitation is there relative to indebtedness owing to state or county? 127. W,hat is the effect of the repeal of a statute? 128. Under what conditions may money he paid out of the state treasury? (а) When must such payments be made? (б) What must the appropriation bill specify? 129. What shall the general appropriation bill embrace? (a) May the salary of an officer or employe be provided for in such bill? If so. under what circumstances? (6) How must other appropriations be made? 130. How many subjects may an act embrace? («) Are there exceptions to this provision? If so. what are they? (b) How may laws be revived or amended? ( What exceptions are made in this section? (b) How may emergency measures be passed, and what shall they include? (e) May emergency measures be vetoed, and if they are, what action may be taken thereon? 132. What operation have general laws? 133. What provision is made relative to a system of checks and balances? ARTICLE VI. Executive Departmen t. 134. What officers constitute the executive authority of the state? (a) Where shall they keep their office, and what duties do they perform? 135. Who is the supreme executive power and what is his title? 137. What are the qualifications of the state executive officials? (a) What officers are not eligible immediately to succeed themselves? i b) When does the term of office begin and expire under this section? 138. How are the returns of state elections canvassed? in) What provision is made where two or more persons have an equal number of votes? 139. Who is the commander-in-chief of the militia, and when may he call out the same? 140. What is the power of the governor relative to special sessions of the legis¬ lature? (o) What subjects may be acted on at special sessions? 141. Whose duty is it to cause all laws to be executed? (a) How is the business of the state with other states and with the United States conducted? 142. What is the governor’s duty upon organization of the legislature? 143. What powers relating to pardon has the governor? 144. How may a bill become a law? (а) May bills be vetoed, and if so. how? (б) May bills be passed over the governor's veto, and if so. how? I See in connection with this provision section 53 relative to the veto power of the governor upon questions voted on by the people.) (c) How may bills become laws after final adjournment?' 145. What is the power of the governor relative to appropriation bills? 146. What is the power of the governor relative to the appointment of officers not otherwise commissioned? ( а ) How are vacancies in office to be filled? 147. What is the power of the governor when the two houses disagree as to adjournment ? («) Under what circumstances may the legislature he adjourned to another place? 148. What are the qualifications and duty of the lieutenant-governor? < a) Under what circumstances may the president pro tern, of the senate become governor ? (б) Under what circumstances may the speaker become governor? 149. Under what circumstances may tlie lieutenant-governor become governor? 150. What are the duties of the secretary of state? 151. Who is the custodian of the state seal? (a) How are the final acts of the governor authenticated? ( b) What exception is contained in this section? (c) What is the seal of the state called? 152. What are the qualifications and duties of state examiner and inspector? 153. What are the qualifications and duties of commissioner of labor? 154. What provision is made relative to a board of arbitration? STATE OF OKLAHOMA V l.»7. What are tlie duties. term mid qualifications of insurance com¬ missioner? are the duties, term and qualifications of chief mine Inspector? vM? a i P rov *si° n is made relative to mining districts and assistjint inspectors? n>o. What are the qualifications and term of commissioner of charities and cor¬ rections? additional powers has the commissioner of charities and corrections? * >~ ’', en does the commissioner of charities and corrections make report? . ''hat power is conferred upon the legislature relative to said commissioner? io4. Of what number does the hoard of agriculture consist, and what are its duties and jurisdiction? H»r*. W’hat officers constitute the commissioners of the land office? and what is the jurisdiction of said commissioners? H><5. IIow often do state officers make report, and to whom? (®l What is said about a state officer making a false report? 1U7. What is provided relative to the compensation of officers in this article named ? lot What is provided relative to fees and perquisites? (See in this connection sections 404. 405, 400. providing for compensation of state officials.) 108. Describe the great seal of the state of Oklahoma. AltTH'LK VII. •Jmlhial Itc/Hirtmciit. 109. In what courts is i he judicial power of the state vested? 170. What is the jurisdiction of the supreme court? 171. Of how many justices does the supreme court consist? on How are tlie justices nominated and elected? < b» What number constitutes a quorum and how many may decide a question ? (o What are tlie qualifications of members of the court? 172. W’hat is the term of office of supreme justices? 173. When does their term commence? 174. Where shall sessions of the supreme court be held, and when shall opinions be rendered? 175. What provision is made for the organization of the supreme court at its first session ? id) After the first election how are justices of the supreme court elected ? 170. What are the qualifications, term and duty of clerk of the supreme court? 177. What is the jurisdiction of supreme court under the constitution? 178. Into how many judicial districts is the state divided? Hi) What are the qualifications and term of office of a district judge? (b) When shall terms of the district court be held? 179. Under what circumstances may a temporary judge be selected? (d) W’hat provision is made for an additional district judge in a district? 180. W’hat is the jurisdiction of the district court? 181. W’hat court is established in each county? (a) What is the term of the county judge and what are his qualifications? 182. W’hat is the original jurisdiction of the county court? 183. W’hat is the appellate jurisdiction of the county court? (a) What is the jurisdiction of the county court over misdemeanors? (b) in the absence of the district judge what is the power of the county court? 184. When the county judge is disqualified how may a temporary judge be selected ? 185. W’hat is the probate jurisdiction of the county court? Have justices of the peace jurisdiction in libel and slander cases? i/>) IIow are appeals taken from justices of the peace? let How many justices of the peace in towns of over 2.501) inhabitants? 101 Who are conservators of the peace throughout the state? (See also section 141.) 192. What is the style of all writs and process? id» How shall prosecutions be carried on? of "rate." "charge" and “regulation"? ib) Of "transmission company"? i What is section 31 of the Hill of rights? in What is the provision of the enabling act referred to. 509.) 2x1. What provision is made relative to the credit of the state? ( See section VIII CONSTITUTION OF THE 282. What shall laws authorizing the borrowing of money specify? (a) For what purpose may the money he used? 283. What is said about a city or county becoming a stockholder in a cor¬ poration ? 284. What provision is made relative to poll tax? 285. What must every tax law specify? 286. How may local taxes be assessed and collected, and what limitation is placed upon the legislature? 287. What is the state board of equalization and what are its duties? 288. What is provided relative to classification of property for taxation? 280. For what purposes may the state contract debts and what limitation is there? 200. For what additional purpose and under what circumstances may the state contract debts? 201. Except the purposes mentioned in the last two sections, tinder what cir¬ cumstances may additional debts be contracted by the state? 292. What limitation is placed upon cities, counties, etc., relative to incurring debts ? («) Under what circumstances may the debts mentioned in this section be incurred? 293. Under what circumstances may a city or town acquire public utilities? 294. For what purposes shall an additional revenue be levied, and how shall the fund created be used? 295. How may a bond or other evidence of indebtedness be validated? 296. How shall money collected by state or county be accounted for? ARTICLE XI. /State and /School Land*. 297. What pledge is made by the state relative to lands and donations granted to the state? 298. Of what shall the permanent school fund consist? (a) What limitations are placed upon the state in regard to this fund.' 299. What revenues are applied each year for the use and benefit of the com¬ mon schools? (a) How shall this revenue be apportioned? 300. Wihat public lands may be sold by the state, and under what conditions may they be sold? (For the limitations and regulations prescribed by the enabling act. see sections 521 and 523-529. inclusive. ) 301. For what purposes and under what restrictions shall section 13 be used? 3<>2. How shall the permanent common school and other educational funds be invested ? 303. What is the power of the legislature in connection with the foregoing section ? ARTICLE XII. Homextead and Exemptionx. 3t>4. Of what shall the homestead of a family in the country consist? (a) Of what shall the homestead in a city, town or village consist? ( b ) What valuation is placed upon it? (c) What proviso is made for Indians? (d) What is said about the renting of the homestead? 305. What is provided relative to a forced sale of the homestead? (See also section 306.) (a) What restriction is placed upon the owner if married? (ft) Under what conditions may the homestead be mortgaged and sold? 306. What statutes shall be inoperative after the adoption of the constitution? (a) Under what circumstances is property not exempt? (&) What is said about mortgaging personal exemptions? 3<»7. What power is conferred upon the legislature relative to article XII? ARTICLE XIII. Ed neat ion. 308. What provision is made relative to a system of public schools? (See also section 7. This section and section 308 were adopted in con¬ formity to section 510.) 309. What provision is made for the deaf, dumb and blind? 310. Wbat provision is made for separate schools? (o) Define "colored children." “white children." (See also in this connec¬ tion section 445.) 311. What provision is made for attendance at school? STATE OF OKLAHOMA IX •ilJ. \Miat body Is created to supervise instruction in the public schools? ;'“ at officers constitute the board of education? («) ''ho is president of the board? What provision is made relative to text-books? «j 14. What is said about agriculture, horticulture, stock feeding and domestic science? (In this connection see sections 40 and 322.) ARTICLE XIV. Banka and Banking. 315. What department is created by this article, and what officer is at the head of it? J/fJ How is this officer appointed, for what term and what are his powers? 31 o. What is the legal rate of interest? 317. What is the penalty for receiving excessive interest? (a) What power has the legislature with respect to this section? ARTICLE XV. Oath of Office. 310. Repeat the oath of office. ( a ) Who shall administer said oath? (It\ Where shall the oath of state officers and judges of the supreme court be filed? to Where shall the oath of other judicial and county officers be tiled? (ers of the senate and house he administered ? ARTICLE XVI. 1‘ublic Hoads, II i 420. How may a franchise be granted, extended or renewed? 421. What is the procedure for granting, extending or renewing a franchise? 422. What provision is made relative to a municipality engaging in business? 423. What is said of the reservation of control by the state over public highways? (a) What provision is made relative to charges for public services? (ft) What provision is made relative to exclusive franchises? ARTICLE XIX. / nsnrance. 424. Under what circumstances may a foreign insurance company engage in business ? 425. What is said of the payment of fees by foreign insurance companies? 427. What tax shall foreign insurance and bond companies pay? 428. What classes of insurance companies are exempt from the revenue and tax provisions ? 429. To whom and how often shall the insurance commissioner pay the fees collected ? ARTICLE XX. Manufacture anil Commerce. 430. I’nder what circumstances may denaturized alcohol be sold? 431. What is the flash and specific-gravity test required? ARTICLE XXL I‘nb He I unfit lit ion n. 432. What provision is made relative to public institutions? (See also in this connection article XIII.» ARTICLE XXII. Alien anil Corporate Ownership of Lnmln. 433. What are the restrictions upon alien ownership of land? («) What exceptions are made in this section? 434. What are the restrictions upon corporate ownership of land? ( 437. What provision is made relative to the employment of child labor? 438. What provision is made with respect to the employment of women and girls underground? (a) How many hours constitute a day's work underground? 439. What is the power of the legislature in regard to health and safety of employes ? 440. What provision is made relative to contributory negligence? 441. What provision is made relative to personal injuries? 442. What provision is made in regard to waiver of rights guaranteed by the const itution ? 443. What contracts are declared void by this section? 444. Under what circumstances may the salary and term of office of a public official be changed? 445. Define the races. (See in this connection section 310.) ' ARTICLE XXIV. Constitutional A mendnients. 446. How may the constitution be amended? give the procedure governing the election. 447. What provision is made relative to a new convention? («) What is the proviso contained in this section? 448. What provision is made relative to amendment by initiative petition? STATE OF OKLAHOMA XI 449. 450. 451. 452. 453. 454. 455. 456. 457. 458. 459. 460. 461. 462. 4(53. 4(54. 465. 466. 4(57. 4(58. 4(59. 470. 471. 472. 473. 474. 475. 476 SCIIK1MLK. W hat is the object and purpose of the schedule? What provision is made relative to existing rights, process, etc., at the time of the admission of the state? What provision is made relative to laws of the territory of Oklahoma? (This provision is a re-enactment of the provisions of the enabling act, sections 530 and 538.) What provision is made relative to debts accruing to the territory of Oklahoma ? When shall the constitution take effect? What provision is made relative to notaries public prior to statehood? What offices may female persons hold under the constitution? (See in this connection section 45. permitting female citizens to vote at school-district elections and meetings.) What became of the property of the territory of Oklahoma under statehood? Wlhat provision is made relative to judgments and records in the Indian Territory and Osage Indian reservation? What is said about judgments and records in new counties? What provision is made relative to cities and towns in existence prior to statehood ? («) What provision is made relative to ordinances? What provision is made relative to taxes for the year 1997? What provision is made relative to public improvements in towns in Indian Territory prior to statehood? (live the title, and dates of approval, of the acts adopted by this section. DO What additional duties are conferred upon the chief mine inspector by this section? What provision is made relative to dental surgeons practicing before statehood ? (See also section 112. which authorizes physicians, dentists and pharma¬ cists to register without examination or cost.) What is the salary of the governor? (a » Of the lieutenant-governor? ib) Of the secretary of state? (c) Of the attorney-general? id) Of the state treasurer? (r) Of the state auditor? if) Of the state examiner and inspector? iff) Of the chief mine inspector? i h i Of the labor commissioner? li) Of the commissioner of charities and corrections? ( j ) Of the corporation commissioners? I k i Of the superintendent of public instruction? ( l ) Of the insurance commissioner? What is the salary of the supreme judges? I/O What is the salary of district judges? How is the salary of the officers not enumerated in the two preceding sections provided? What provision is made relative to county and township officers? <«> When does the term of the county and township officers first elected expire? < b ) What salary do county judges and attorneys receive? What provision is made relative to hoards of regents of state Institutions at the incoming of statehood? What provision is made concerning property, assets and liabilities of divided counties? What provision is made concerning the property of Day county? What provision is made relative to the seal of the courts? ui) What provision is made relative to the seals of county officers? To what courts are the records of probate courts transferred? (o) What provision is made for the transfer of matters appertaining to estates in the Indian Territory? What provision is made relative to the seal of county courts immediately after statehood? Do the provisions of the constitution relating to limitation of indebtedness, apply to debts of cities, counties, etc., incurred prior to statehood? What provision is contained relative to the transfer of cases pending in the supreme court of Oklahoma and the United States court of appeals for the Indian Territory? I This section is in conformity with the provisions of sections 534, 535. .*43 : enabling act. sections 17. 18. and amendments thereto, section -. > What provision is made for the transfer of cases pending In the district courts of Oklahoma and the United States courts of Indian Territory? I This section is in conformity with the provisions of sections 536. 537. XII CONSTITUTION OF THE ."*44. being enabling act. sections 19. 2 <», and amendments thereto, sec¬ tion 3.) 477. What provision is made in the constitution relative to the amendments to the enabling act? (The act referred to contains the amendments to the enabling act. sections 540-545, inclusive.) 478. What provision is contained relative to the qualifications for district judge at the first election? 471). What are the qualifications for state office at the first election? 480. What provision is contained relative to the taxes of Osage county for 1007? 481. What procedure shall be had where a school district has been divided by reason of statehood? 482. What provision is contained relative to attorneys-at-law prior to statehood? 483. What provision is contained relative to newspapers published at the time of the admission of the state? 484. How is the indebtedness authorized by the constitutional convention to be paid ? («) What is tlie proviso contained in this section? 485. What ordinance and article are ratified by this section? (The ordinance ratified by this section is the election ordinance, which provides for the appointment of a county clerk and county commis¬ sioners in each new county, and for the holding of the election to ratify or reject the constitution, and the proposed prohibition article. This ordinance was passed pursuant to the powers conferred upon the constitutional convention by virtue of sections 3 and 21 of the enabling act. sections 505 and 538. The prohibition article may be found at section 400.) 48(5. What provision is contained relative to invalid indebtedness in cities, etc., prior to statehood? 487. What jurisdiction where counties are divided is conferred upon the supreme court ? (The power, expressly conferred upon the legislature to provide for the equitable division of the property, assets and liabilities of counties. Is found in section 400.) 488. Did the laws of Oklahoma relative to qualifications of officers apply to county superintendents elected at the first election under the consti¬ tution? 480. When did the terms of officers elected at the first election commence? 400. What provision was made for the qualification of the first officers elected? 401. What provision was made for the bonds of the first officers elected? 402. What provision is made relative to filing the original constitution? 403. When was the constitution adopted by the convention? 404. When the constitution filed with the secretary of the territory of Oklahoma? 405. Why did the convention adopt the constitution of the United States? 407. Why did the convention accept the terms of the enabling act? (See in this connection section 530.) 400. Give a brief outline of the provisions of the prohibition article. ENABLING ACT. 501. What is the enabling act? 504. How was the election of delegates to the constitutional convention hold? 505. What was the convention required to do after it met? 500. What provision in the constitution was made necessary under this section? 507. What provision was made necessary under this section? 508. What provision was made necessary under this section? 500. What provision was made necessary under this section? 510. What provision was made necessary under this section? 511. What provision was made necessary under this section? 514. How many congressmen are we entitled to under the enabling act? 521. What sections of land are granted to the state, and for what purpose are they granted? 522. What money is granted to the state under this section, and for what pur¬ pose is it granted? 523. What lands are granted to the state under this section, and for what pur¬ pose are they granted? 524. How are sections 13 and 33 to be disposed of? (See also section 527.) 525. What may be done with school lands containing minerals? 526. What disposition may be made of sections 16 and 36? 529. What public lands are granted to the state, and for what purpose are l hey granted? 539. What condition was made a prerequisite to statehood? A STUDY OF CIVIL GOVERNMENT EVANS-BUNN