Duchess Corner

While our yellow, pink roses, peonies and other flowers were blooming this week, we were feeling a June 2007 freeze during mid-week -- after the Wednesday Winds blew in gustily at 60 to 70 mph here in the southwest valley of Colorado.

It cooled down considerably in the valley and left a "little" snow in the mountains. AND... another freeze followed Thursday evening, but I got the garden covered with a plastic covering Thursday night -- Not on Wednesday, though!

After that first freeze Wednesday evening, we found ourselves having to snip the tops of our tomato plants. We expect that will set back our tomatoes. AND... we had some green tomatoes along with lots of blooms. Oh, well! Que Sera Sera!

The zucchini and cucumbers did not fair to well, though. They were welted beyond any help! On the good side... NW Okie's herb garden looks pretty good, though, with the two kinds of basil, parsley, cilantro, orange mint, peppermint, thyme and rosemary.

As to our SW Colorado Gas Prices... I checked this morning in Bayfield, Colorado and regular was $3.459, down 8-cents from a couple days ago, with 10-cents difference between premium to premium plus. Diesel is still lowest at the pumps coming in at $3.039. Those 25-cent gas prices we baby-boomers experienced long gone in the mid-1960s are gone forever. Remember when we cruised the streets with friends and our quarters we saved for the gallons of gas we used? NOW... this NW Okie has lots of quarters, but a quarter won't buy a gallon of gas anymore, will it?! ... LOL

100 years Ago Today

This Day in History 100 years ago, where were your grandparents on June 9, 1907?

Our grandpa Wm. J. McGill was playing baseball in the minor leagues around 1906 as a lefthanded, fast pitcher for the Austin Senators in the Texas League. It was later on in the Fall of 1907 (September 16, 1907) that grandpa McGill was traded up to the Major league when the St. Louis Browns were trying grandpa out for their 1907 season. The score of that St. Louis Browns vs. Cleveland was 2-2. I have always wondered if June, 1907 found grandpa McGill in St. Louis, Mssouri while thousands of Oklahoma, Kansas citizens were flocking to Oklahoma City by excursion trains to see the second game of the series between Oklahoma City and Wichita Western Association baseball teams play, June 9, 1907. OR... was grandpa one of those making the excursion train trek to Oklahoma City?

Anyway! Here's The Daily Oklahoman, article, dated June 9, 1907, Sunday, that made me think of my grandpa's baseball career of the early 1900's. It had the following headlines on the front page of The Daily Oklahoman read: "Five Thousand Visitors To See Ball Game Here Today."

"With favorable weather today, one of the largest crowds ever seen in Oklahoma City will be brought to this city on nine excursion trains over the four railroads entering here. The railroad officials say that 5,000 is a conservative estimate of the number of persons who will be brought here, and if it is an exceptionally fine day, the number may easily go to 8,000.

"The second game of the series between the Oklahoma City and and the Wichita Western association base ball teams, is the attraction that is bringing most of the visitors, and the baseball management is figuring on having one of the largest crowds ever seen on the local grounds.

"It is expected that the loyal fans of Wichita, to the number of at least 1,000 will attend the game, and the Rock Island is planning, if necessary, to run its excursion train from that point in two sections.

"One of the Santa Fe excursion trains comes all the way from Winfield, Kansas and the other from Harper. These trains, and all of the others, will pick up passengers at all intermediate points and by the time they reach Oklahoma City, it is expeced that they will be loaded.

"The Katy will bring four trains to the city; two from the north and east and two from the south and west. These trains are scheduled to reach Oklahoma City at noon, and will leave on the return trip at 7 o'clock in the evening.

"The Santa Fe will run a special from Harper, Kan., reaching here at 11:45 a.m. and leaving at 10:15 p.m. The other Santa Fe special will run from Winfield, Kan., arriving in Oklahoma City at 11:50 a.m. and also leaving at 10:15 p.m.

"The Frisco will run one special in from Tulsa, reaching here at noon and leaving at 7:00 p.m. The other Frisco train will come from Lawton, arriving here at 9:20 in the morning and leaving at 8:10 p.m.

"The Rock Island's train will probably be in two sections. The first will arrive at 10:40 a.m. and leave at 9 p.m. and the second section will run a half hour behind the first, both ways."

OkieLegacy Centennial Moment

On March 29, 1907 northwest Oklahoma Territory citizens were reading in The Alva Pioneer, Alva, O.T., Woods County, newspaper, the full text of the Oklahoma constitution that was submitted to the editing committee before the convention adjourned for recess.

This is what the April 27, 1907 edition of the Alva Pioneer ran to keep the northwest citizens updated on the constitutional convention as the delegates were re-assembling to complete their labor and sign the constitution.

Guthrie, O. T., April 15, 1907 -- "The constitutional convention will draft a new election ordinance and appoint the election officers in the new counties of Indian Territory and Oklahoma. This was decided upon by the convention at the opening session. On motion of R. I. Williams of Durant, a committee of lawyers was appointed to prepare the new election ordinance as follows:

The article goes on to say, "The committee will obey the order of the court and frame the ordinance to comply with its mandates. The new ordinance will abolish the supreme election board. Each member of the committee has been assigned a number of counties for which he is to suggest the names of the election officers. Acting on these suggestions the convention will subdivide the new counties of Oklahoma and Indian Territory into commissioners' districts and municipal townships. It will then appoint three commissioners in old counties and will appoint a county clerk in each county. These will perform the same duties as the present county commissioners and county clerks under the Oklahoam election laws. In divided Oklahoma counties the present county boards and clerks will act as election officers in the portion of the old county containing the original name and county seat."

"C. N. Haskell stated that he understood that the mandatory primary provision, which was to become a permanent part of the constitution, had not been finally passed. The clerk of the convention informed him that the provision had never been presented to the engrossing committee for engrossment. On motion of Haskell the engrossing committee was instructed to bring it in ready for third reading and final passage tomorrow.

"Several attempts were made to reopen the county boundaries fight but met with ill success. Ottawa county presented a petition asking to have its boundaries extended south to conform with the Sequoyah map. A petition from Beckham county asked that the reported change taking some territory out of that county and adding it to Roger Mills be not made. President Murray referred it to the committee on rules.

That the convention will make few changes in the text of the constitution except to correct erros was made evident this afternoon when the convention tabled by a overwhelming vote a motion to increase the levy for school purposes from 5 to 20 mills to conform with the present Oklahoma law. Sandlin, who made the motion, declared that there is universal dissatisfaction in Western Oklahoma with the low school tax levy that may be raised under the constitution. Rose and other delegates pointed out that by the provision assessing property at its full value the 5 per cent will be equal to at least 18 per cent, as property under the Oklahoma law is now assessed at only about one-fourth its real value."

Guthrie, O.T., April 18, 1907 -- The convention today repealed the old election ordinance creating a supreme election board to canvass returns and adopted an ordinance which complies with Judge Burford's decision and adopts the Oklahoma election law making the territorial governor and one member from each of the two prinicpal political parties, named by the state chairman, a board of election commissioners to pass on certificates of nomination, print and distribute ballots.

In Osage county and new counties of Indian Territory and Oklahoma not bearing the old name, provisions are made for the appointment of a county clerk to perform the duties of a like officer under the Oklahoma laws. This county clerk and one member from each of the two prinicpal political parties, nominated by the county chairmen, constitute a county board of election commissioners to perform the duties in the new counties of election commissioner under the territorial law.

Provision is also made in all the new counties for the appointment by the convention of a board of county commissioners to establish voting places and election precincts and appoint inspectors of election in each precinct.

The territorial election board is continued in force for the purpose of canvassing the returns for state and district officers, members of the legislature and representatives to congress. The board to canvass returns of the constitutional election is prescribed in the enabling act. The Governor issues a proclamation calling the election. In all old counties the regular county clerk and county commissioners perform the election duties.

The report of the committee voers approximately 350 typewritten pages and is almost as long as the constitution.
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Remembering When

Do you remember when in May, 1907, your grandparents could buy a suit of men clothes at Share Bros. Mercantile Co., on the West side of the square, in Alva, Oklahoma Territory.

AND... The prices ranged between $10, $15 and $20. It was advertised that you could get something out of the ordinary -- something cut from the newest fabrics -- something tailored in the most approved style -- something that would give you entire satisfaction.

Did you know that Anton Shafer was manufacturer of and dealer in Harness made of the best selected stock; handmade a specialty saddles of styles, selected especially for stockmen, large or small; satisfaction guaranteed. Harness, Saddles, Horse Collars, Racine Vehicles and other items could be found at Anton Shafer's store on the South side of the Square, in Alva, Oklahoma Territory during April, 1907.

We learn that in April, 1907 that Geo. A. Harbaugh was president; M. M. Fulkerson, Cashier; J. H. Schaefer, Vice-president; and E. C. Rumsey, Assistant cashier of the Alva National Bank? The Directors were: Geo. A. Harbagh (sic), Geo. D. Carter, J. D. Share, T. F. Fennessey, Louis Miller, J. W. Perry, M. M. Fulkerson, John H. Schaefer. The solidity of the bank depended upon ample capital, competent officers and directors,and responsible stockholders. Their capital was $40,000; with Double liability of stockholders at $40,000; for a Total of $80,000. The combined wealth of their stockholders was over two million dollars. They offered their patrons every courtesy, accommodations, and assistant with safe banking.

It was also about this time, middle of May, 1907 that the Alva Pioneer ran a little ad to their subscribers that read: "Those who owe us for the Pioneer are respectfully urged to remit their dues to us as quickly as possible. We are compelled to buy a new and larger press, and need every cent due us. Please don't forget this."
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Alfalfa County Historical Books

"Alfalfa County Historical Society has 2 books available. A reprint of the 1976 edition "Our Alfalfa County Heritage" family history book. A new 2006 edition "Our Alfalfa County Heritage" family history book." -- Marty - Email: martymyers@sbcglobal.net
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Texas Gas Prices

May 5, 2007 -- "Hey, East side of Denton, Texas and 50 miles North of Denton, Texas at Pilot Point, Texas gas was $2.89!"
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Frank "Pistol pete" Eaton Info

"I'm hoping you can help me. I'm related to the family of Pistol Pete and would like to go to the reunion in Perkins, Oklahoma. I'm trying to locate someone who knows when it is and who to contact to get details.

I'm also hoping for a little genealogy about him. My mother's maiden name was EATON and I grew up hearing stories of Pistol Pete. I have letters from him he wrote to his nephew, Harold. I thought I knew the link but when I joined the Eaton Genealogy Society, I found the link was not correct, so now I'm searching again. If you can forward my e-mail to anyone who could help me, I would certainly be happy. Thank you so much." -- Judy - Email: JForth@polytainersinc.com

[Editor's Note: Through Oklahombres.org forum we found some information about Pistol Pete (Frank Eaton). We also found a place to contact for more information about the reunion. This is what we found: "Try the Payne County Historical Society at P. O. Box 2262, Stillwater, OK. 74076 or try their E-mail address at: Echowell@ft.newyorklife.com."]
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Old Burbank Oil Fields - Osage County

"I was wondering if you might have any pictures of the old Burbank oil fields in Osage County? I am doing some research and happened to end up on the "Okie Legacy" site. Any help is very much appreciated." -- Bob S.
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Back To the Sixties

"This one still brings back fond memories. You must have on your SOUND. Click Here Take Me Back To The Sixties." -- Homer
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Old Ranger Albums

If there are some newcomers out there looking for old Ranger yearbooks concerning Northwestern State Normal School, in Alva, Oklahoma, the "OkieLegacy" has a collection of "Old Ranger Albums" from 1917, 1926, 1937 and 1938 - Old Ranger Albums. The albums have been scanned to PDF files, which are on the large size and may take some time to download.

The Northwestern Oklahoma Castle On The Hill was built in the late nineteenth century and burned to a shell of itself March, 1935. It was rebuilt, but not in the castle form it once was.

We love this poem we found in the 1926 Ranger album that reads, "A silent message thru the ages - Is delivered to the races passing by, - And the wisdom of the sages - Flashes futily from the sturdy eye, - Watching Life's laughter, song and tears - Thru the eager march of onward years; - With quiet, unperturbed, mobile face - Inspires us to live with equal grace." -- NW Okie
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Perry, OK Gas Prices

"Conoco-Phillips has posted the price of regular unleaded at $2.81.9 today. I'm still looking for that 35-cent gas like I sold about 30 years ago. And unleaded (white gas) sold for about the same as kerosene at less than 25 cents a gallon." -- Roy K. View/Write Comments (count 1)   |   Receive updates (0 subscribers)  |   Unsubscribe

1905 - School Land Matter Settled

This 1905 article was taken from The Alva Pioneer, Alva, O.T., Woods County, Friday, October 13, 1905. The Alva Pioneer was successor to The Alva Star, Alva Chronicle and The Alva Republican. The headlines read: "School Land Matter Settled"

The territorial school land office, the secretary of interior and the lessees, it is given out, have adjusted their differences to the satisfaction of everybody. It was found that no strict rule of preference right of only 160 acres could be observed in the grazing district west of range 13, lessees in the three new counties, whose leases were to be renewed the first of last January, but were held up pending the discussion of the new rule of cutting down holdings to a preference right of only 160, and to whom afterwards a temporary lease of one year was given, will be given two years at the expiration of the one year to all such as are entitled to it by compliance with the general equity of tennants. This will give them their original renewal of three years.

The lessees, take it all around have done better this year than any other year. They have raised good crops and have made money. There is hardly any complaints at the school land office. The renewal of leases in the balance of the territory is now going on the old basis, with such adjustments as individual conditions demand. In conformity with this order Secretary Fred L. Wenner is sending out the following circular letter.

"While there is a strong sentiment looking toward the cutting down of large school land leases held in western Oklahoma and the board feels that in many instances it would be best to reduce the holdings of the lessees both for the school fund and the community in which the land is located, they do not feel like confiscating the rights of any lessee or causing himany loss.

"Preference right leases will be issued to any lessees west of range 13 to as much as one half section. Any lessee can relinquish out any part or all of the school land under lease to him to other parties, and preference right leases will be issued to each person to whom he relinquishes, provided they do not hold more than a half section.

"In the case of lessees holding a section or more, whose circumstances are such that they can not divide up or relinquish at this time without loss or great inconvenience, the board will generally allow them to renew their leases on their full holding for another term of three years, but beyonnd one-half section will grant them grazing leases only, with no preference right in them reserving the right to cut down their holdings at any time they may deem best.

"In the case of any lessees having very large holdings of purely agricultural lands on grazing leases, if the board should deem it best to have them divided up or cut down their leases they will be given ample notice so as to have an opportunity to do so without causing them any loss. Of course, no lessee will be disturbed in any of this holdings during the term of his lease and the board will endeavor in every case to be as liberal as possible with every lessee and to administer the rules on the principals of equity and justice to every person concerned. -- State Registrer."
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1905 - Barnes, O.T. Items

This next article appeared in The Alva Pioneer, Alva, O.T., Woods County, Friday, October 13, 1905. The Alva Pioneer was successor to The Alva Star, Alva Chronicle and The Alva Republican.

Barnes Items - 50 miles southwest, Alva, O.T. -- Seeding of broomcorn is in progress: the crop is above an average.

More hay and fodder is being cut this fall than usual, the serious winter of last year has promoted the farmers to prepare plenty.

Upton Ward, of Pittsburg, Pa. after a month's visit with relatives and friends, went back home well pleased with Oklahoma.

Clifford Noble is a new papa; its a boy; mother and child all right.

Mr. Stone, of Kansas, is a visitor at his father-in-law's Judge Scofield.

Mrs. William Condreay has got home from Denver; reports having had a pleasant visit, and well pleased with Oklahoma after seeing the farming of Colorado, and other parts he passed through.

We are better off in this part of Oklahoma, than most of the world; here we have a Silas and a Paul, but we don't know as Paul has to tell Silas to take a little wine for his stomach's sake; he don't need advice.

Lake Side School has started, but we have not learned the young lady's name as teacher.

Will Condreay seeded and baled 77 of broomcorn in less than 1 1/2 days; the bails will weigh 340 lbs; a part of the brush was green and some was very wet; this the best ever done in this part.

Upton Ward said he was surprised to find so nice a county paper as the Pioneer so far out west.

Nearly every boy in this part is looking around to find a good bird dog, but they won't shoot quails, as the law forbids it and they are law abiding; Joe Ward has 2 dogs, Marion Hunen 1, Noble 3, Archer 2, Sturdiven 1, Woodring 1 and a grayhound and more wanted.

John Mills bas got home from California; say's Oklahoma is good enough for him.

Mrs. Bolster is still very low and but little hopes of her recovery.

Several of our farmers have sold their broomcorn, the price is from $50 to 70 per ton.

More wheat is being sown this fall than any previous year.
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1905 - Interesting Divorce Case

The Oklahoman, dated Oct. 12, 1905, pg 2, left Oklahoma Territory citizens catching up on court cases in Guthrie, O. T.

The headlines read: "Oklahoma Court-- Litigants and Their Troubles In Various Parts of the Territory - Interesting Divorce Case - Bride of Two Months Asks To Have Marriage Cancelled Because Hhe Is Ccharged With Murdering Her Predecessor."

Guthrie, Okla., Oct. 11, 1905 -- In the district court at Kingfisher yesterday, Mrs. Fannie Fuxsa began proceedings against her husband, Frank Fuxsa, Jr., and his father, Frank Fuxsa, Sr., asking for temporary and permanent alimony. She was married to Fuxsa in Omaha, Neb., about two months ago, within a few days after the sudden and mysterious death of his first wife, to whom he was married on February 27, last. The story of the case is an interesting and unusual one.

Following his second marriage in Omaha, Fuxsa was arrested at his home near Hennessey, in Kingfisher county, by Deputy Sheriff Mon Tate on a charge of wife murder. His preliminary hearing was held early in September and he was held to the grand jury under $3,000 bond, which he afterward gave.

It is charged against Fuxsa that he murdered his first wife on July 25, last. She was but sixteen years old when she married Fuxsa last February, and Fuxsa himself is but nineteen years of age.

A great many witnesses were examined at the time, many of them being Bohemian neighbors of the accused. His wife died from strychnine poisoning, and it was announced to be a case of suicide. This decision was believed at the time, but Fuxsa's hurried second marriage aroused suspicion and an investigation was started, which resulted in his arrest. The witnesses testified that the cause of the woman's taking strychnine, if it was self-administered was on account of continual upbraidings and abuse from her husband.

His first wife was Miss Fannie Reisart, the daughter of a farmer living near Bison.
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1905 - Alleged Murderer Discharged

The Oklahoman, dated Oct. 12, 1905, pg 2, headlines and story is as follows:

"Fred Voils, an Osage Indian squaw man, was released from custody yesterday at Newkirk, where he has been held in jail since September 11, on a charge of murdering Roy Shaver, president of the Newkirk Dry Goods company, on April 20, last. Shaver went to the depot with some friends and when returning home he was shot from ambush, dying several days afterward in a hospital at Winfield, Kans. A total of $1,500 in rewards was offered for the arrest and conviction of Shaver's murderer, $500 of which was offered by Gov. Ferguson on the part of the territory.

The release of Voils, because of insufficient evidence against him, eliminates the only clue the authorities have been able to secure in connection with the Shaver murder. Voils is about 35 years old and a member of a highly respectable family of Cowley county, Kansas. Several years ago he married an Osage Indian squaw. Several days ago C. T. Atkinson of Arkansas City, as attorney for Voils' family, began proceedings for Voils' release and made application on a writ of habeas corpus. The Kay county attorney, A. F. Moss, immediately submitted the case to the grand jury and his discharge was ordered, no evidence being found to convict. Voils now threatens to sue the officers of Kay county for false imprisonment, asking big damages.
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1905 - Supreme Court Cases

Another story appearing in The Oklahoman, dated Oct. 12, 1905, pg 2, was about three Supreme Court cases.

In Supreme Court -- These cases were appealed to the Oklahoma Supreme court in January, 1906:

1. The first being that of L. Puls vs. Robert Casey, from Kingfisher county, wherein Casey secured a judgment against Puls for $200 because of a violation of the contract whereby he sold Puls a saloon at Dover. Casey sued for $1,500 damages, but the jury cut it to $200. From this judgment Puls appeals.

2. From the district court of Kay county is appealed the case of J. T. Lafferty vs. Ellas and Maggie Evans, involving the possession of some town lots in Ponca City. Lafferty sued for the lots, but Judge Hainer gave the defendants judgment against Lafferty for costs, amounting to $225 and gave them the possession of the lots as well. Lafferty charges that Hainer admitted evidence prejudicial to him.

3. A new trial is asked by William Moore and John W. Rose, in their suit against George Z. Allen and J. A. Fowers, involving the ownership of certain property in Mangum, in Greer county. Moore and Rose sued for the possession and $300 back rents.

4. Alleged Rapist Discharged -- In the district court at Tecumseh, is the result of the trial of Sam Miller, the boy charged with assault to commit rape on a three-year-old girl, the prisoner was acquitted by the jury and released from custody. He had waived all objections to the jury and asked for a trial.

5. Divorced at Chandler -- In the district court at Chandler, Judge Burford has granted a divorce to Mrs. Della Smith-Burton, who was married to Jack Burton, a Chandler cobbler while she was convalescing from wounds, received when her mother, Mrs. Agnes Ames, and the hired man, Ben Jackson, were murdered by Tom Woods near Stroud, three years ago. Woods is now serving a life sentence for the murders. Mrs. Burton allowed her husband alimony in the sum of $500 and a span of horses.
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NW Oklahoma News of 1906

The Alva Pioneer, Alva, O.T., Woods County, dated January 26, 1906 Oklahoma News - Bills Affecting Oklahoma Introduced -- A bill ratifying and approving an act to appropriate money for the purpose of building additional buildings for the Northwestern Normal school, of Alva, O. T., passed by the legislative assembly of Oklahoma Territory and approved March 15, 1905, has been introduced by Delegate McGuire. Also a bill to provide for seven district judges for Oklahoma, or one additional judge for each of the seven judicial districts, at a salary of $3,000 per year; neither shall be a member of the supreme court of the territory, but shall hear such cases as may be directed by the justice of the supreme court resident in the district. They are to have no ower of appointing clerks of United States courts, United States commissioners or referees in bankruptcy, but may appoint a stenographer. Also a bill creating and establishing a territorial park in Woods county, to be paid for by the governnment at the rate of $2.50 per acre.
(Is this the downtown square where the courthouse, post office and city hall stand today? government park? Territorial park?)

City Marshal Assassinated -- T. J. Radford, city marshal of Enid, was shot by John Cannon, dying within an hour. Radford had just gone into a saloon to warm himself, when Cannon walked up behind him and it is alleged, without a word of warning, shot him in the back. The wounded man turned and received a shot in the left breast, just above the heart. He ran out of the saloon and Cannon again shot, the ball entering the head just above the ear. Radford fell in the street dying, and never regained consciousness.
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Constitutional Convention Updates - 1907

The Alva Pioneer, dated March 8, 1907, Alva, O.T., Woods County, gave weekly reviews of the work accomplished by the framers of the constitution of the New State.

Guthrie, O. T., Feb. 26, 1907 -- The convention today, acting upon the advice of the probing committee, confirmed the Buffalo location and exonerated Williams and Minute Clock Harper from the charges of graft.

Affidavits have been received by convention that Williams and Harper had an interest in the townsite of Buffalo, and the investigations began. After several weeks the probing committee concluded its investigation and reported today that the evidence fails to establish any proof of graft on the part of Williams or Harper.

The convention in committee of the whole, this afternoon, adopted a provision that the legislature shall provide that all state and congressional officers, including United States senators, shall be nominated by a mandatory primary, also provide for a state election board, no more than a majority of which shall belong to any party. Provision shall be made for election of United States senators by direct vote of the people as soon as the federal law will permit. The portions of the report of the election committee which deal with the regulations for the first state election was referred to the legal committee for an opinion as to whether they contain any illegal features.

R. Sorrels, a merchant of McAlester, I.T., sent a telegram to the convention today saying he would be one of fifty persons to give $1,000 to make up a fund of $50,000 to meet the deficiency in the convention's expenses. This telegram was read to the convention and received with applause.

The municipal corporations committee filed its report today, providing that all cities of more than 3,500 inhabitants may frame their own charters under the limitations of statute law and the constitution, and an elective board of freeholders must prepare the charter, which, if adopted by vote of the people, must be approved by the governor before going into effect. The power of initiative and referendum is reserved to all cities, special elections on franchises to be called within sixty days, the vote on other matters to be taken at the general election. The granting of a franchise for the construction, purchase, sale or lease of any public work must always be approved by vote of the people and no franchise can be granted for a longer period than twenty years.

The municipal corporation within this state shall have the right to engage in any business or enterprise which may be engaged in by an person, firm or corporation, by virtue of a franchise or privilege from said corporation.

Several additional sections of the report on taxation and revenues were adopted today in committee of the whole. Any officer of the state or county township or municipality, who shall receive any interest or profits from the use or loan of public funds in his hands or funds raised through his agency from taxation, shall be guilty of a felony.

The legislature is given power to provide for levying of license, franchise, gross revenue, excise, income, collateral and direct inheritance, legacy and succession taxes, also graduated tax on these classes of subjects, stamp, registration, production and other specific taxes. The state shall not assume the debt of any county or municipal subdivision, unless contracted in times of war or invasion. The credit of the state shall not be given or loaned to any individual or corporatin, and the state shall not be the owner or stockholder in or make any donation to any company, corporation or political sub-division. The legislature may provide for a poll tax on all electors under 60 years old of $2 per annum.

After the legal advisory committee had reported that there are no legal objections against the incorporation of a section giving the legislature the right to revoke, amend or repeal any charter or franchise now existing or granted in the future. If it was injurious to the citizens of the state, such a section was incorporated in the constitution.

Guthrie, O. T., Feb. 27, 1907 -- The report of the committee on legislative apportionment was submitted to the convention this afternoon. There are very few differences between it and the one agreed upon by the committee some time ago, published at that time.

In the representive apportionment the most important change is the giving of three representatives to Oklahoma county which had but two before. Pottawatomie county also gets three, those being the only ones so honored. Caddo, which had one and a half before, is raised to two and a half. Lincoln, given but one before, now gets two, while Roger Mills is cut from two to one. The distribution territorially gives fifty-two representatives to Oklahoma and fifty-one to Indian Territory, with two overlapping in which Indian Territory has rather the advantage.

In the senate, each territory gets eighteen members, with five chosen from overlapping territory. In one of those districts, however, McClain and Garvin counties are united with Cleveland for the election of two senators, which would make it possible for the Indian Territory end to elect both. In the district composed of Caddo and Grady it would be about a standoff, while in the Payne-Moman district the Indian Territory district would probably have rather the best of it. Greer, Garfield, Logan, Comanche and Pittsburg counties get one senator each. Oklahoma and Canadian together elect two. So do Lincoln and Pottawatomie and Caddo and Grady.

In several other cases three or more counties are joined to elect two senators. These combinations include: Beekham, Dewey, Ellis and Roger Mills; Custer, Kiowa and Washita; Carter, Love and Murray; Haskell, Mcintosh and Muskogee.

The combination districts which have but one senator are Beaver, Cimarron, Harper and Texas; Woodward, Woods, Alfalfa; Blaine, Kingfisher and Major; Grant and Kay; Osage, Noble and Pawnee; Moman and Payne; Jefferson and Stevens; Johnston and Marshall; Hughes and Okfuskee; Pontotoc and Seminole; Choctaw. McCurtain and Pushmataha; Latimer and Leflore; Adair, Delaware and Sequoyah; Cherokee, Hayes and Rogers; Craig, Ottawa and Nowata; Tulsa and Washington; Okmulgee and Wagoner.

The apparent intention of the committee is to make twenty-five districts that will be certainly Democratic and thirteen Republican with three doubtful.

The "Jim Crow" section providing for separate coaches and waiting rooms for negroes and whites in Oklahoma went to its final doom today. C. N. Haskell, of Muskogee, buried the provision so deep that it can never be revived, by moving to table the section. The motion carried by a vote of 34 to 32.

The committee of nine lawyers appointed by President Murray last week did the expected thing by reporting that a "Jim Crow" clause in the constitution would be a race distinction, which is prohibited in the enabling act.

A department of labor is created by action taken today in the convention. It will be in charge of a labor commissioner to be elected by the people. The legislature shall create a board of arbitration and cancellation in the labor department, of which the labor commissioner is ex-officio chairman. An eight-hour law shall be in effect in all state work wherever performed whithin the state.

A provision was adopted creating an elective board of agriculture of eleven members, nine to be practical farmers and two graduates of the State Agricultural and Mechanical college. The convention turned down a proposed provision to give the legislature power to adopt the Torrens land registration system. Sections were adopted prohibiting alien ownership of land, and prohibiting any corporation from being created or licensed for the purpose of dealing in lands outside of cities, except for land necessary for additions to cities.

An innovation is found in a section of the report on municipal corporations adopted today, giving cities of 2,000 inhabitants the right to make their own charters. Cities and towns now existing are given the right to retain all their present rights until otherwise provided by law and additional rights conferred by the constitution.

Washington, D. C., Feb. 27, 1907 -- The sub-committee of the house appropriations committee today rejected the propostion to appropriate $132,000 to meet the deficiency of the Oklahoma constitutional convention. Colonel Owens will take it before the full committee. The Republican leaders, including McGuire, of Oklahoma, will insist that if the appropriation is made, it shall have a string to it that the convention shall construct a constitution to meet the approval of President Roosevelt. The Democratic leaders claim Oklahoma is not yet ready to let Roosevelt or any other outsider write a constitution for them. They will depend upon the Democratic senators to figure a way out to get the appropriation without dishonor to Oklahoma Democrats.

Guthrie, O.T., Feb. 28, 1907 -- The report of the legislative apportionment committee was adopted this afternoon. The portion fixing the senatorial districts so that twenty-five of them would be surely Democratic and thirteen Republican, according to the idea of the committee, was adopted without a single change. There was considerable opposition to some of the districts, but the organization labled every proposed amendment without giving a chance for full debate.

A proposition prohibiting bucketshops, which was declared to belong in a statute regarding crimes and punishments was turned down today. Other sections similarly treated were those requiring the passage of laws for the regulation of architecture and prohibiting peddling of foods, medicines, etc.

Favorable action was taken on the section providing that the salary of a public officer shall not be changed during his term except by the operation of a law previously enacted.

An enforcement commissioner, with full power to enforce the liquor laws of the state is provided for in a supplemental report of the liquor traffic committee filed this afternoon. He is to command the assistance of the attorney general, county attorneys, sheriffs, etc., but the grant of authority to him does not relieve them from responsibility for the performance of their official duty.

Section 116 of the report on revenues and taxation referred to the legal advisory committee, was reported back and adopted with an amendment allowing that taxes be levied for carrying on any business enterprise in which the state may engage. The committee reported that the original section which permitted levying taxes for public purposes only would make the provision of the bill of rights, permitting the state to engage in Business, ineffective.

Guthrie, O.T., March 1, 1907 -- A normal annual salary list of state officers aggregating $131,200 has been recommended by the committee on salaries and compensations in office.

The salaries are distributed as follows:

Governor, $5,000; five justices of supreme court, $4,000 each; Twenty district judges, $3,000 each; attorney general, $4,000; secretary of state, $3,000; state treasurer, $3,000; three corporation commissioners, $3,000 each; labor commissioner, $2,500; insurance commissioner, $2,500; examiner and inspector of accounts, $2,500; state auditor, $2,500; superintendent of pulic instruction, $2,500; chief mine inspector, $1,500; commissioner of charities, $1,500; lieutenant governor, $1,000; members of the legislature, $6 per day; seventy-four county judges, $2,500 each.

A section was adopted providing that the school funds of the state shall be invested in first mortgages on improved farm lands., to 50 per cent of their value without improvements, Oklahoma state bonds, county bonds of Oklahoma, school district bonds of Oklahoma school districts and United States bonds, preference being given in the order named.

A supplemental report of the revenues and taxation committee, submitted tonight, provides that the maximum limit of taxation for all purposed shall be 30 1-2 mills and the maximum state debt $400,000 and limits the indebtedness of cities to 5 per cent of the full valuation of their property. They may incur an additional 5 per cent debt for the purchase or construction of public utilities.

Local optionists made a last fight today for a constitutional provision allowing a local vote on the liquor question in affected communities, but were defeated by the prohibitionists by a vote of 56 to 26.

The section which the local optionists wanted adopted reads:

"Whenever an amendment is proposed to any article or section of the constitution which applies only to a definite portion of the state, said amendment shall be subject to the constitution, proposed to be amended, and when a majority of all the votes cast in such portion of the state to which such proposed amendment is submitted shall be for the adoption of such amendment the same shall become a part of this constitution."

The section was defeated by a vote on a motion to strike out by Delegate Herring, a prohibitionist.

The champions of the section stated that it was framed so as to allow Indian Territory to vote alone for or against prohibition in case the state-wide prohibition clause fails to carry in the coming election and the Oklahoma side remains wet.

The sections adopted provide that by a majority vote of the members of both branches of the legislature a proposed constitutional amendment may be submitted at the next general election. The legislature by two-thirds vote of each house may submit it at a special election. A proposed amendment is adopted upon a majority vote of the people. No constitutional convention can be called except on a referendum vote and the question of calling a convention shall be submitted to the people at least once every twenty years. The constitution may also be amended by vote on an initiative petition.
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04/21/1907 - Constitution Adopted

After Being In Session Five Months the Oklahoma Convention Ends Its Work - (headlines in the April 27, 1907 edition of the Alva Pioneer, Alva, O.T., Woods County.)

Guthrie, O.T., April 21, 1907 -- "Without a dissenting vote, but with 27 of the 85 delegates present not voting, the constitution for the proposed state of Oklahoma, framed by the convention which has been in session nearly the last five months, was adopted at 2:30 Friday afternoon.

"Prolonged applause from the floor and galleries greeted President Murray's announcement that the work of the convention had been consummated. Only one of the twelve republican members, Delegate Cloud, an Indian clergyman, saw the finish.

"At 2:45 o'clock President Murray signed the sheepskin copy of the constitution with an alfalfa pen. The attending district number and the other details were affixed with a pen, presented by W. J. Bryan.

"The election committee will report Saturday when a definite time for adjournment sine die probably will be announced."

[Editor's Note: We are still looking for the reason why 27 of the 85 delegates present did not vote! If someone runs across the "Rest of the Story," please email NW Okie or leave it in the "Comments" section below this article. Thanks!]
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Oklahoma's Constitution & Bill of Rights

Doing a search online we found the following links to Oklahoma's Constitution and Bill of Rights. CONSTITUTION OF THE STATE OF OKLAHOMA. Adopted in Convention at Guthrie, July 16, 1907. Ratified Sept. 17, 1907. In force Nov. 16, 1907. With Amendments to January 1,1975

Oklahoma's Constitution
Oklahoma's Bill of Rights
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May, 1907 - Titles Are Involved

This next article came from the Alva Pioneer, dated May 3, 1907, Alva, O.T., Woods County. It was entitled: "Titles Are Involved."

As the story goes back in 1907, there was a "United States Suit Brought Against Muskogeeites - Petition States That Creek Nation Has Been Defrauded by Speculators - Suit Is Result of Foulk Investigation Recently."

Muskogee -- The united States, acting for the Creek Nation, has commenced suits against alleged lot grabbers in several towns in the nation charging that many lots were illegally secured for half their value. The suit is brought by M. L. Mott, attorney for the Creek nation, and is the result of the investigation of William Dudley Foulk, the special representative of the president.

The president in the cases filed are prominent. P. Porter, chief of the Creek nation, is made a defendant in most of the cases. The Muskogee Title and Trust company is a defendant in two cases and D. H. Middleton, president of the City National bank, is defendant in another and Marion B. Sawyer, a stenographer, who has been in the employ of the Indian inspector for several years, is a defendant in two cases, while C. W. Turner and Frederick B. Severs, an adopted citizen of the nation, are mentioned as defendants in nearly all the suits. Other defendants are A. Z. English, Julius M. Miller, R. L. Baugh, H. C. Jacobs, the Creek Realty company, corporation.

There are five separate suits and the same defendants are mentioned in nearly every one, except that Pleasant Porter and C. W. Turner alone are named as defendants in one suit. In the suits filed it appears that the contention centers around the lots that were scheduled to F. B. Severs, C. W. Turner, Chief Porter and A. Z. English, they being charged with holding more lots than the others.

Special interest will attach to the holdings of Marion B. Sawyer. Several lots were scheduled to her originally. Others she had purchased since. She was in the employment of the government at the time as a stenographer.

By the Creek treaty under which the towns of over 200 population were segregated from allotable land, it was provided that persons who were in possession of lots by virtue of improvements were entitled to have the lots scheduled to them by the government and they were to pay to the Creek nation one-half of the appraised value. Lots not so scheduled were to be sold at auction. No person was allowed to hold more than four acres, and that much only under certain circumstances.

The Creek nation claimed that it has been defrauded out of vast amounts of money because the defendants had hundreds of lots scheduled in the names of persons who did not own them in fact, and that the defendants paid the one-half appraisement and after the deeds were issued to the persons on the schedule, these persons made quit claim deeds to the defendants.

The relief that the Creek nation prays is that the deeds to the lots in question be cancelled and that the lots revert to the Creek nation. This will affect hundreds of lots in every town in the Creek nation if the nation can win the case. In the suits filed several hundred lots were specifically described.

In cases where the lots were still in possession of the defendants the petition asks that the lots be turned back to the Creek nation, and in cases where the lots have been sold to innocent purchasers, it asks that the original holders of the lots be required to pay to the Creek nation a proper value of lots. No claim is made against present holders who are innocent purchasers nor is it intended that the lots shall be held to force a settlement.

The deeds to all these lots are government patents. They were signed by Chief Porter for the Creek nation, and were approved and signed by the secretary of interior.
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