OKLAHOMA

CONSTITUTION OF THE STATE OF OKLAHOMA

Section I-1: Supreme law of land.

     The State of Oklahoma is an inseparable part of the Federal

Union, and the Constitution of the United States is the supreme law

of the land.

Section I-2: Religious liberty - Polygamous or plural marriages.

    Perfect toleration of religious sentiment shall be secured, and

no inhabitant of the State shall ever be molested in person or

property on account of his or her mode of religious worship; and no

religious test shall be required for the exercise of civil or

political rights.  Polygamous or plural marriages are forever

prohibited.

Section I-3: Unappropriated public lands - Indian lands - Jurisdiction of United States.

  The people inhabiting the State do agree and declare that they

forever disclaim all right and title in or to any unappropriated

public lands lying within the boundaries thereof, and to all

lands lying within said limits 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.  Land belonging to citizens of the

United States residing without the limits of the State shall

never be taxed at a higher rate than the land belonging to

residents thereof.  No taxes shall be imposed by the State on

lands or property belonging to or which may hereafter be

purchased by the United States or reserved for its use.

Section I-4: Territorial debts and liabilities.

  The debts and liabilities of the Territory of Oklahoma are

hereby assumed, and shall be paid by the State.

Section I-5: Public schools - Separate schools.

  Provisions shall be made for the establishment and maintenance

of a system of public schools, which shall be open to all the

children of the state and free from sectarian control; and said

schools shall always be conducted in English: Provided, that

nothing herein shall preclude the teaching of other languages in

said public schools.

Section I-6: Right of suffrage.

  The State shall never enact any law restricting or abridging

the right of suffrage on account of race, color, or previous

condition of servitude.

Section II-1: Political power - Purpose of government - Alteration or reformation.

  All political power is inherent in the people; and government

is instituted for their protection, security, and benefit, and to

promote their general welfare; and they have the right to alter

or reform the same whenever the public good may require it:

Provided, such change be not repugnant to the Constitution of the

United States.

Section II-2: Inherent rights.

  All persons have the inherent right to life, liberty, the

pursuit of happiness, and the enjoyment of the gains of their own

industry.

Section II-3: Right of assembly and petition.

  The people have the right peaceably to assemble for their own

good, and to apply to those invested with the powers of

government for redress of grievances by petition, address, or

remonstrance.

Section II-4: Interference with right of suffrage.

  No power, civil or military, shall ever interfere to prevent

the free exercise of the right of suffrage by those entitled to

such right.

Section II-5: Public money or property - Use for sectarian purposes.

  No public money or property shall ever be appropriated,

applied, donated, or used, directly or indirectly, for the use,

benefit, or support of any sect, church, denomination, or system

of religion, or for the use, benefit, or support of any priest,

preacher, minister, or other religious teacher or dignitary, or

sectarian institution as such.

Section II-6: Courts of justice open - Remedies for wrongs - Sale, denial or delay.

  The courts of justice of the State shall be open to every

person, and speedy and certain remedy afforded for every wrong

and for every injury to person, property, or reputation; and

right and justice shall be administered without sale, denial,

delay, or prejudice.

Section II-7: Due process of law.

  No person shall be deprived of life, liberty, or property,

without due process of law.

Section II-8: Right to bail - Exceptions.

  A.  All persons shall be bailable by sufficient sureties,

except that bail may be denied for:

  1.  capital offenses when the proof of guilt is evident, or the

presumption thereof is great;

  2.  violent offenses;

  3.  offenses where the maximum sentence may be life

imprisonment or life imprisonment without parole;

  4.  felony offenses where the person charged with the offense

has been convicted of two or more felony offenses arising out of

different transactions; and

  5.  controlled dangerous substances offenses where the maximum

sentence may be at least ten (10) years imprisonment.

  On all offenses specified in paragraphs 2 through 5 of this

section, the proof of guilt must be evident, or the presumption

must be great, and it must be on the grounds that no condition of

release would assure the safety of the community or any person.

  B.  The provisions of this resolution shall become effective on

July 1, 1989.

Section II-9: Excessive bail or fines - Cruel or unusual punishment.

  Excessive bail shall not be required, nor excessive fines

imposed, nor cruel or unusual punishments inflicted.

Section II-10: Habeas corpus - Suspension.

  The privilege of the writ of habeas corpus shall never be

suspended by the authorities of this State.

Section II-11: Officers - Personal attention to duties - Intoxication.

  Every person elected or appointed to any office or employment

of trust or profit under the laws of the State, or under any

ordinance of any municipality thereof, shall give personal

attention to the duties of the office to which he is elected or

appointed. Drunkenness and the excessive use of intoxicating

liquors while in office shall constitute sufficient cause for

impeachment or removal therefrom.  

Section II-12: Officers of United States or other states - Ineligibility to office.

  No member of Congress from this State, or person holding any

office of trust or profit under the laws of any other State, or

of the United States, shall hold any office of trust or profit

under the laws of this State.

Section II-12A: Term limits for Congressman.

    Beginning January 1, 1995 persons wanting to become a candidate

for election to the United States Congress from this State for a term

beginning on or after January 1, 1995, shall be subject to the

following provisions:

    A.  Any person seeking to have his or her name placed on the

ballot for election to the United States House of Representatives

shall be ineligible if, by the end of the then current term of

office, that person has served in that office for three (3) two-year

terms.

    B. Any person seeking to have his or her name placed on the

ballot for election to the United States Senate shall be ineligible

if, by the end of the then current term of office, that person has

served in that office for two (2) six-year terms.

    C.  A person elected to serve as a member of the United States

Congress shall be eligible to serve as a Representative for a total

of six (6) years and as a Senator for a total of twelve (12) years

for a maximum total of eighteen (18) years as a member of Congress

from this State.

    D.  The provisions of this section shall not be applicable to or

include:

    1.  The years served by any person as a member of the United

States House of Representatives or as a member of the United States

Senate which began prior to the election at which this measure was

enacted.

    2.  The years served by a person who has been appointed to

complete the remainder of a vacated term.

    E.  The provisions of this Section shall not be construed so as

to prevent casting a ballot for any person regardless of the number

of years previously served in the United States Congress by writing

the name of that person on the ballot, or from having such ballot

counted or to prevent a person from campaigning by means of a "write-

in" campaign if that procedure is otherwise authorized in this

Constitution or by law.

Section II-13: Imprisonment for debt.

  Imprisonment for debt is prohibited, except for the non-payment

of fines and penalties imposed for the violation of law.

Section II-14: Military subordinate to civil authorities - Quartering without owner's consent.

  The military shall be held in strict subordination to the civil

authorities.  No soldier shall be quartered in any house, in time

of peace, without the consent of the owner, nor in time of war,

except in a manner to be prescribed by law.

Section II-15: Bills of attainder - Ex post facto laws - Obligation of contracts - No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed. No conviction shall work a corruption of blood or forfeiture of estate: Provided, that this provision shall not prohibit the imposition of pecuniary penalties.

Section II-16: Treason.

  Treason against the State shall consist only in levying war

against it or in adhering to its enemies, giving them aid and

comfort.  No person shall be convicted of treason, unless on the

testimony of two witnesses to the same overt act, or on

confession in open court.

Section II-17: Indictment or information - Preliminary examination - Prosecutions in courts not of record.

  No person shall be prosecuted criminally in courts of record

for felony or misdemeanor otherwise than by presentment or

indictment or by information.  No person shall be prosecuted for

a felony by information without having had a preliminary

examination before an examining magistrate, or having waived such

preliminary examination.  Prosecutions may be instituted in

courts not of record upon a duly verified complaint.

Section II-18: Grand jury.

    A grand jury shall be composed of twelve (12) persons, any nine

(9) of whom concurring may find an indictment or true bill.  A grand

jury shall be convened upon the order of a district judge upon his

own motion; or such grand jury shall be ordered by a district judge

upon the filing of a petition therefor signed by qualified electors

of the county equal to the number of signatures required to propose

legislation by a county by initiative petition as provided in Section

5 of Article V of the Oklahoma Constitution, with the minimum number

of required signatures being five hundred (500) and the maximum being

five thousand (5,000); and further providing that in any calendar

year in which a grand jury has been convened pursuant to a petition

therefor, then any subsequent petition filed during the same calendar

year shall require double the minimum number of signatures as were

required hereunder for the first petition; or such grand jury shall

be ordered convened upon the filing of a verified application by the

Attorney General of the State of Oklahoma who shall have authority to

conduct the grand jury in investigating crimes which are alleged to

have been committed in said county or involving multicounty criminal

activities; when so assembled such grand jury shall have power to

inquire into and return indictments for all character and grades of

crime.  All other provisions of the Constitution or the laws of this

state in conflict with the provisions of this constitutional

amendment are hereby expressly repealed.

    The Legislature shall enact laws to prevent corruption in making,

filing, circulating and submitting petitions calling for convening a

grand jury.

Section II-19: Trial by jury.

    The right of trial by jury shall be and remain inviolate, except

in civil cases wherein the amount in controversy does not exceed One

Thousand Five Hundred Dollars ($1,500.00), or in criminal cases

wherein punishment for the offense charged is by fine only, not

exceeding One Thousand Five Hundred Dollars ($1,500.00).  Provided,

however, that the Legislature may provide for jury trial in cases

involving lesser amounts.  Juries for the trial of civil cases,

involving more than Ten Thousand Dollars ($10,000.00), and felony

criminal cases shall consist of twelve (12) persons.  All other juries

shall consist of six (6) persons.  However, in all cases the parties

may agree on a lesser number of jurors than provided herein.

    In all criminal cases where imprisonment for more than six (6)

months is authorized the entire number of jurors must concur to render

a verdict.  In all other cases three-fourths (3/4) of the whole number

of jurors concurring shall have power to render a verdict.  When a

verdict is rendered by less than the whole number of jurors, the

verdict shall be signed by each juror concurring therein.

Section II-20: Rights of accused in criminal cases.

  In all criminal prosecutions the accused shall have the right

to a speedy and public trial by an impartial jury of the county

in which the crime shall have been committed or, where

uncertainty exists as to the county in which the crime was

committed, the accused may be tried in any county in which the

evidence indicates the crime might have been committed.

Provided, that the venue may be changed to some other county of

the state, on the application of the accused, in such manner as

may be prescribed by law.  He shall be informed of the nature and

cause of the accusation against him and have a copy thereof, and

be confronted with the witnesses against him, and have compulsory

process for obtaining witnesses in his behalf.  He shall have the

right to be heard by himself and counsel; and in capital cases,

at least two days before the case is called for trial, he shall

be furnished with a list of the witnesses that will be called in

chief, to prove the allegations of the indictment or information,

together with their postoffice addresses. 

Section II-21: Self-incrimination - Double jeopardy.

  No person shall be compelled to give evidence which will tend

to incriminate him, except as in this Constitution specifically

provided; nor shall any person, after having been once acquitted

by a jury, be again put in jeopardy of life or liberty for that

of which he has been acquitted.  Nor shall any person be twice

put in jeopardy of life or liberty for the same offense.

Section II-22: Liberty of speech and press - Truth as evidence in prosecution for libel.

  Every person may freely speak, write, or publish his sentiments

on all subjects, being responsible for the abuse of that right;

and no law shall be passed to restrain or abridge the liberty of

speech or of the press.  In all criminal prosecutions for libel,

the truth of the matter alleged to be libelous may be given in

evidence to the jury, and if it shall appear to the jury that the

matter charged as libelous be true, and was written or published

with good motives and for justifiable ends, the party shall be

acquitted.

Section II-23: Private property - Taking or damaging for private use.

  No private property shall be taken or damaged for private use,

with or without compensation, unless by consent of the owner,

except for private ways of necessity, or for drains and ditches

across lands of others for agricultural, mining, or sanitary

purposes, in such manner as may be prescribed by law.

Section II-24: Private property - Public use - Character of use a judicial question.

    Private property shall not be taken or damaged for public use

without just compensation.  Just compensation shall mean the value of

the property taken, and in addition, any injury to any part of the

property not taken.  Any special and direct benefits to the part of

the property not taken may be offset only against any injury to the

property not taken.  Such compensation shall be ascertained by a board

of commissioners of not less than three freeholders, in such manner as

may be prescribed by law.  Provided however, in no case shall the

owner be required to make any payments should the benefits be judged

to exceed damages.  The commissioners shall not be appointed by any

judge or court without reasonable notice having been served upon all

parties in interest.  The commissioners shall be selected from the

regular jury list of names prepared and made as the Legislature shall

provide.  Any party aggrieved shall have the right of appeal, without

bond, and trial by jury in a court of record.  Until the compensation

shall be paid to the owner, or into court for the owner, the property

shall not be disturbed, or the proprietary rights of the owner

divested.  When possession is taken of property condemned for any

public use, the owner shall be entitled to the immediate receipt of

the compensation awarded, without prejudice to the right of either

party to prosecute further proceedings for the judicial determination

of the sufficiency or insufficiency of such compensation.  The fee of

land taken by common carriers for right of way, without the consent of

the owner, shall remain in such owner subject only to the use for

which it is taken.  In all cases of condemnation of private property

for public or private use, the determination of the character of the

use shall be a judicial question.

Section II-25: Contempt - Definition - Jury trial - Hearing.

  The legislature shall pass laws defining contempts and

regulating the proceedings and punishment in matters of contempt:

Provided, that any person accused of violating or disobeying,

when not in the presence or hearing of the court, or judge

sitting as such, any order of injunction, or restraint, made or

entered by any court or judge of the State shall, before penalty

or punishment is imposed, be entitled to a trial by jury as to

the guilt or innocence of the accused.  In no case shall a

penalty or punishment be imposed for contempt, until an

opportunity to be heard is given.

Section II-26: Bearing arms - Carrying weapons.

  The right of a citizen to keep and bear arms in defense of his

home, person, or property, or in aid of the civil power, when

thereunto legally summoned, shall never be prohibited; but

nothing herein contained shall prevent the Legislature from

regulating the carrying of weapons.

Section II-27: Witnesses not excused from testifying - Immunity from prosecution.

  Any person having knowledge or possession of facts that tend to

establish the guilt of any other person or corporation under the

laws of the state shall not be excused from giving testimony or

producing evidence, when legally called upon so to do, on the

ground that it may tend to incriminate him under the laws of the

state; but no person shall be prosecuted or subjected to any

penalty or forfeiture for or on account of any transaction,

matter, or thing concerning which he may so testify or produce

evidence.  All other provisions of the Constitution or the laws

of this state in conflict with the provisions of this

constitutional amendment are hereby expressly repealed.

Section II-28: Corporate records, books and files.

  The records, books, and files of all corporations shall be, at

all times, liable and subject to the full visitorial and

inquisitorial powers of the State, notwithstanding the immunities

and privileges in this Bill of Rights secured to the persons,

inhabitants, and citizens thereof.

Section II-29: Transportation out of State.

  No person shall be transported out of the State for any offense

committed within the State, nor shall any person be transported

out of the State for any purpose, without his consent, except by

due process of law; but nothing in this provision shall prevent

the operation of extradition laws, or the transporting of persons

sentenced for crime, to other states for the purpose of

incarceration.

Section II-30: Unreasonable searches or seizures - Warrants, issuance of.

  The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches or seizures

shall not be violated; and no warrant shall issue but upon

probable cause supported by oath or affirmation, describing as

particularly as may be the place to be searched and the person or

thing to be seized.

Section II-31: State - Engagement in occupation or business.

  The right of the State to engage in any occupation or business

for public purposes shall not be denied nor prohibited, except

that the State shall not engage in agriculture for any other than

educational and scientific purposes and for the support of its

penal, charitable, and educational institutions.

Section II-32: Perpetuities - Monopolies - Primogeniture - Entailments.

  Perpetuities and monopolies are contrary to the genius of a

free government, and shall never be allowed, nor shall the law of

primogeniture or entailments ever be in force in this State.

Section II-33: Effect of enumeration of rights.

  The enumeration in this Constitution of certain rights shall

not be construed to deny, impair, or disparage others retained by

the people.

Section II-34: Rights of victims.

    A.  To preserve and protect the rights of victims to justice and

due process, and ensure that victims are treated with fairness,

respect and dignity, and are free from intimidation, harassment, or

abuse, throughout the criminal justice process, any victim or family

member of a victim of a crime has the right to know the status of the

investigation and prosecution of the criminal case, including all

proceedings wherein a disposition of a case is likely to occur, and

where plea negotiations may occur.  The victim or family member of a

victim of a crime has the right to know the location of the defendant

following an arrest, during a prosecution of the criminal case,

during a sentence to probation or confinement, and when there is any

release or escape of the defendant from confinement.  The victim or

family member of a victim of a crime has a right to be present at any

proceeding where the defendant has a right to be present, to be heard

at any sentencing or parole hearing, to be awarded restitution by the

convicted person for damages or losses as determined and ordered by

the court, and to be informed by the state of the constitutional

rights of the victim.

    B.  An exercise of any right by a victim or family member of a

victim or the failure to provide a victim or family member of a

victim any right granted by this section shall not be grounds for

dismissing any criminal proceeding or setting aside any conviction or

sentence.

    C.  The Legislature, or the people by initiative or referendum,

has the authority to enact substantive and procedural laws to define,

implement, preserve and protect the rights guaranteed to victims by

this section, including the authority to extend any of these rights

to juvenile proceedings and if enacted by the Legislature, youthful

offender proceedings.

    D.  The enumeration in the Constitution of certain rights for

victims shall not be construed to deny or disparage other rights

granted by the Legislature or retained by victims.

Section III-1: Qualifications of electors.

    Subject to such exceptions as the Legislature may prescribe, all

citizens of the United States, over the age of eighteen (18) years,

who are bona fide residents of this state, are qualified electors of

this state.

Section III-2: State Election Board - Creation - Membership.

    The Legislature shall create a State Election Board to be charged

with the supervision of such elections as the Legislature shall

direct.  Not more than a majority of the members of said Board shall

be selected from the same political party.

Section III-3: Mandatory primary system - Nomination of candidates.

    The Legislature may enact laws providing for a mandatory primary

system which shall provide for the nomination of all candidates in

all elections for federal, state, county and municipal offices, for

all political parties, except for the office of Presidential Elector,

the candidates for which shall be nominated by the recognized

political parties at their conventions.  The Legislature also shall

enact laws providing that citizens may, by petition, place on the

ballot the names of independent, nonpartisan candidates for office,

including the office of Presidential Elector

Section III-4: Manner of holding and conducting elections - Registration of electors.

    The Legislature shall prescribe the time and manner of holding

and conducting all elections, and enact such laws as may be necessary

to detect and punish fraud in such elections.  The Legislature may

provide by law for the registration of electors throughout the state

and, when it is so provided, no person shall vote at any election

unless he shall have registered according to law.

Section III-5: Free and equal elections - Interference by civil or military power - Privilege from arrest.

    All elections shall be free and equal.  No power, civil or

military, shall ever interfere to prevent the free exercise of the

right of suffrage, and electors shall, in all cases, except for

treason, felony, and breach of the peace, be privileged from arrest

during their attendance on elections and while going to and from the

same.

Section IV-1: Departments of government - Separation and distinction.

  The powers of the government of the State of Oklahoma shall be

divided into three separate departments:  The Legislative,

Executive, and Judicial; and except as provided in this

Constitution, the Legislative, Executive, and Judicial

departments of government shall be separate and distinct, and

neither shall exercise the powers properly belonging to either of

the others.

Section V-1: Legislature - Authority and composition - Powers reserved to people.

  The Legislative authority of the State shall be vested in a

Legislature, consisting of a Senate and a House of

Representatives; but the people reserve to themselves the power

to propose laws and amendments to the Constitution and to enact

or reject the same at the polls independent of the Legislature,

and also reserve power at their own option to approve or reject

at the polls any act of the Legislature.

Section V-2: Designation and definition of reserved powers - Determination of percentages.

  The first power reserved by the people is the initiative, and

eight per centum of the legal voters shall have the right to

propose any legislative measure, and fifteen per centum of the

legal voters shall have the right to propose amendments to the

Constitution by petition, and every such petition shall include

the full text of the measure so proposed.  The second power is

the referendum, and it may be ordered (except as to laws

necessary for the immediate preservation of the public peace,

health, or safety), either by petition signed by five per centum

of the legal voters or by the Legislature as other bills are

enacted.  The ratio and per centum of legal voters hereinbefore

stated shall be based upon the total number of votes cast at the

last general election for the State office receiving the highest

number of votes at such election.

Section V-3: Petitions - Veto power - Elections - Time of taking effect - Style of bills - Duty of legislature.

  Referendum petitions shall be filed with the Secretary of State

not more than ninety (90) days after the final adjournment of the

session of the Legislature which passed the bill on which the

referendum is demanded.  The veto power of the Governor shall not

extend to measures voted on by the people.  All elections on

measures referred to the people of the state shall be had at the

next election held throughout the state, except when the

Legislature or the Governor shall order a special election for

the express purpose of making such reference.  Any measure

referred to the people by the initiative or referendum shall take

effect and be in force when it shall have been approved by a

majority of the votes cast thereon and not otherwise.

  The style of all bills shall be:  "Be it Enacted By the People

of the State of Oklahoma."

  Petitions and orders for the initiative and for the referendum

shall be filed with the Secretary of State and addressed to the

Governor of the state, who shall submit the same to the people.

The Legislature shall make suitable provisions for carrying into

effect the provisions of this article.

Section V-4: Referendum against part of act.

  The referendum may be demanded by the people against one or

more items, sections, or parts of any act of the Legislature in

the same manner in which such power may be exercised against a

complete act.  The filing of a referendum petition against one or

more items, sections, or parts of an act shall not delay the

remainder of such act from becoming operative.

Section V-5: Reservation of powers to voters of counties and districts - Manner of exercising.

  The powers of the initiative and referendum reserved to the

people by this Constitution for the State at large, are hereby

further reserved to the legal voters of every county and district

therein, as to all local legislation, or action, in the

administration of county and district government in and for their

respective counties and districts.  The manner of exercising said

powers shall be prescribed by general laws, except that Boards of

County Commissioners may provide for the time of exercising the

initiative and referendum powers as to local legislation in their

respective counties and districts.

  The requisite number of petitioners for the invocation of the

initiative and referendum in counties and districts shall bear

twice, or double, the ratio to the whole number of legal voters

in such county or district, as herein provided therefor in the

State at large.

Section V-5a: Township organization or government - Abolition and restoration.

  Each county in the State of Oklahoma may by a majority of the

legal voters of such county voting upon the proposition, abolish

township organization or government.  The Board of County

Commissioners of such county, upon a petition signed by sixteen

per centum of the total number of votes cast at the last general

election for the county office receiving the highest number of

votes, praying that the question of abolishing township

organization or government be submitted to a vote of the county,

shall within thirty days after the regular meeting of such board

next convening after the filing of such petition, call a special

election for such purpose, or the board may in their discretion

submit such question at the next general election held after the

filing of such petition. If such question shall be carried,

township organization or government shall cease in such county,

and all the duties theretofore performed by the township officers

shall be cast upon and be performed by such county officers

having like duties to perform in relation to the county at large

as such township officers performed in relation to the township

at large.  At any general election after the abolition of

township organization or government the question of returning to

township government may be submitted as provided for the

submission of the question of abolishing such government, and if

a majority of the votes cast upon such question be in favor of

township government the same shall thereupon be established, and

the Board of County Commissioners shall appoint the full quota of

township officers, who shall hold their offices and perform the

duties thereof until their successors shall have been elected at

the next general election and until they have been qualified.

Except as otherwise specifically provided by this section, the

law relating to carrying into effect the initiative and

referendum provisions of the Constitution shall govern

Section V-6: Subsequent proposal of rejected measure.

  Any measure rejected by the people, through the powers of the

initiative and referendum, cannot be again proposed by the

initiative within three years thereafter by less than twenty-five

per centum of the legal voters.

Section V-7: Powers of Legislature not affected.

  The reservation of the powers of the initiative and referendum

in this article shall not deprive the Legislature of the right to

repeal any law, propose or pass any measure, which may be

consistent with the Constitution of the State and the

Constitution of the United States.

Section V-8: Prevention of corruption.

  Laws shall be provided to prevent corruption in making,

procuring, and submitting initiative and referendum petitions.

Section V-9A: Senatorial districts - Tenure.

  The state shall be apportioned into forty-eight senatorial

districts in the following manner:  the nineteen most populous

counties, as determined by the most recent Federal Decennial

Census, shall constitute nineteen senatorial districts with one

senator to be nominated and elected from each district; the

fifty-eight less populous counties shall be joined into

twenty-nine two-county districts with one senator to be nominated

and elected from each of the two-county districts.  In

apportioning the State Senate, consideration shall be given to

population, compactness, area, political units, historical

precedents, economic and political interests, contiguous

territory, and other major factors, to the extent feasible.

  Each senatorial district, whether single county or

multi-county, shall be entitled to one senator, who shall hold

office for four years; provided that any senator, serving at the

time of the adoption of this amendment, shall serve the full time

for which he was elected.  Vitalization of senatorial districts

shall provide for one-half of the senators to be elected at each

general election.  

Section V-10A: House of Representatives - Number of members - Formula - Tenure.

  The House of Representatives shall consist of the number of

Representatives as determined by the formula and procedure set

forth herein.  The number of members of the House of

Representatives to which each county shall be entitled shall be

determined according to the following formula:

  a.  The total population of the state as ascertained by the

most recent Federal Decennial Census shall be divided by the

number one hundred and the quotient shall be the ratio of

representation in the House of Representatives, except as

otherwise provided in this Article.

  b.  Every county having a population less than one full ratio

shall be assigned one Representative; every county containing an

entire ratio but less than two ratios shall be assigned two

Representatives; every county containing a population of two

entire ratios but less than three ratios shall be assigned three

Representatives; and every county containing a population of

three entire ratios but less than four ratios shall be assigned

four Representatives.

  After the first four Representatives, a county shall qualify

for additional representation on the basis of two whole ratios of

population for each additional Representative.

  Each Representative nominated and elected shall hold office for

two years.  

Section V-11A: Legislature to apportion Legislature - Failure to make apportionment - Apportionment Commission.

  The apportionment of the Legislature shall be accomplished by

the Legislature according to the provisions of this article,

within ninety (90) legislative days after the convening of the

first regular session of the Legislature following each Federal

Decennial Census.  If the Legislature shall fail or refuse to

make such apportionment within the time provided herein, then

such apportionment shall be accomplished by an Apportionment

Commission composed of the Attorney General, Superintendent of

Public Instruction and the State Treasurer of the State of

Oklahoma according to the provisions of this article.

Section V-11B: Order of apportionment rendered by Commission.

  Each order of apportionment rendered by the Apportionment

Commission shall be in writing and shall be filed with the

Secretary of State and shall be signed by at least two members of

the Commission.

Section V-11C: Review of apportionment orders - Failure to seek review.

  Any qualified elector may seek a review of any apportionment

order of the Commission, or apportionment law of the legislature,

within sixty days from the filing thereof, by filing in the

Supreme Court of Oklahoma a petition which must set forth a

proposed apportionment more nearly in accordance with this

Article.  Any apportionment of either the Senate or the House of

Representatives, as ordered by the Commission, or apportionment

law of the legislature, from which review is not sought within

such time, shall become final.  The court shall give all cases

involving apportionment precedence over all other cases and

proceedings; and if said court be not in session, it shall

convene promptly for the disposal of the same.  

Section V-11D: Determination by Supreme Court.

  Upon review, the Supreme Court shall determine whether or not

the apportionment order of the Commission or act of the

legislature is in compliance with the formula as set forth in

this Article and, if so, it shall require the same to be filed or

refiled as the case may be with the Secretary of State forthwith,

and such apportionment shall become final on the date of said

writ.  In the event the Supreme Court shall determine that the

apportionment order of said Commission or legislative act is not

in compliance with the formula for either the Senate or the House

of Representatives as set forth in this Article, it will remand

the matter to the Commission with directions to modify its order

to achieve conformity with the provisions of this Article.  

Section V-11E: Compelling Commission to act - Consolidation of proceedings.

  The Supreme Court, upon petition of any qualified elector

alleging failure of the Commission to timely act, is hereby

vested with original jurisdiction to compel, and shall compel,

the Commission to make the apportionment as herein provided.  It

shall also have exclusive jurisdiction of any review hereunder.

If more than one petition be filed, the court shall consolidate

such proceedings for hearing and disposition, and shall file its

opinion and issue its writ within sixty days from the timely

filing of such last petition.  In the event any action filed

hereunder shall be abandoned or dismissed, any other qualified

elector shall be allowed to intervene within ten days thereof.

Section V-17: Age - Qualified electors - Residents.

  Members of the Senate shall be at least twenty-five years of

age, and members of the House of Representatives twenty-one years

of age at the time of their election.  They shall be qualified

electors in their respective counties or districts and shall

reside in their respective counties or districts during their

term of office.

Section V-17A: Limitation of time served in the Legislature.

    Any member of the Legislature who is elected to office after the

effective date of this amendment shall be eligible to serve no more

than 12 years in the Oklahoma State Legislature.  Years in Legislative

office need not be consecutive and years of service in both the Senate

and the House of Representatives shall be added together and included

in determining the total number of Legislative years in office.  The

years served by any member elected or appointed to serve less than a

full Legislative term to fill a vacancy in office shall not be

included in the 12-year limitation set forth herein; but no member who

has completed 12 years in office shall thereafter be eligible to serve

a partial term.  Any member who is serving a Legislative term in

office or who has been elected or appointed to serve a term in office

on the effective date hereof shall be entitled to complete his or her

term and shall be eligible to serve an additional 12 years thereafter.

This amendment shall be effective on the 1st day of the year following

its adoption.

Section V-18: Ineligibility - Federal and state officers - Conviction of felony.

  No person shall serve as a member of the Legislature who is, at

the time of such service, an officer of the United States or

State government, or is receiving compensation as such; nor shall

any person be eligible to election to the Legislature, who has

been adjudged guilty of a felony.

Section V-19: Expelled member ineligible - Punishment not to bar indictment.

  A member of the Legislature expelled for corruption shall not

thereafter be eligible to membership in either House.  Punishment

for contempt or disorderly conduct, or for any other cause, shall

not bar an indictment for the same offense.

Section V-20: Vacancies.

  The Governor shall issue writs of election to fill such

vacancies as may occur in the Legislature.

Section V-21: Conflict of interests prohibited - Board on Legislative Compensation.

  The Legislature shall enact laws to prohibit members of the

Legislature from engaging in activities or having interests which

conflict with the proper discharge of their duties and

responsibilities.  The Board on Legislative Compensation is

hereby created.  Said Board shall be composed of five members

appointed by the Governor, two members appointed by the President

Pro Tempore of the Senate, and two members appointed by the

Speaker of the House of Representatives.  The members appointed

by the Governor shall be from religious organizations,

communications media, nonstate-supported educational

institutions, labor organizations, and retail business;  the

members appointed by the President Pro Tempore of the Senate

shall be from agricultural and civic organizations; and the

members appointed by the Speaker of the House of Representatives

shall be from manufacturing and from professional fields not

otherwise specified.  No member of the Legislature may be

appointed to or serve on the Board.  In addition to the members

above provided for, the Chairman of the Tax Commission and the

Director of State Finance shall serve as ex officio nonvoting

members of said Board.  The Chairman of said Board shall be

designated by the Governor.  Members of the Legislature shall

receive such compensation as shall be fixed by the Board on

Legislative Compensation.  Said Board shall each two years review

the compensation paid to the members of the Legislature and shall

be empowered to change such compensation; such change to become

effective on the fifteenth day following the succeeding general

election.  The members of the Board shall serve without

compensation, but shall be entitled to receive necessary travel

and subsistence expense as provided by law for other state

officers. 

Section V-22: Privileges - Arrest - Speeches or debates.

  Senators and Representatives shall, except for treason, felony,

or breach of the peace, be privileged from arrest during the

session of the Legislature, and in going to and returning from

the same, and, for any speech or debate in either House, shall

not be questioned in any other place.

Section V-23: Ineligibility to appointment to office - Interest in contracts.

  No member of the Legislature shall, during the term for which

he was elected, be appointed or elected to any office or

commission in the State, which shall have been created, or the

emoluments of which shall have been increased, during his term of

office, nor shall any member receive any appointment from the

Governor, the Governor and Senate, or from the Legislature,

during the term for which he shall have been elected, nor shall

any member, during the term for which he shall have been elected,

or within two years thereafter, be interested, directly or

indirectly, in any contract with the State, or any county or

other subdivision thereof, authorized by law passed during the

term for which he shall have been elected.

Section V-24: Disclosure of personal or private interest.

  A member of the Legislature, who has a personal or private

interest in any measure or bill, proposed or pending before the

Legislature, shall disclose the fact to the House of which he is

a member, and shall not vote thereon.

Section V-25: Duration of first session.

  The first session of the Legislature, held by virtue of this

Constitution, shall not exceed one hundred and sixty days.

Section V-26: Regular sessions.

    The Legislature shall meet in regular session at the seat of

government at twelve o'clock noon on the first Monday in February of

each year and the regular session shall be finally adjourned sine die

not later than five o'clock p.m. on the last Friday in May of each

year.

    The Legislature shall also meet in regular session at the seat of

government on the first Tuesday after the first Monday in January of

each odd numbered year, beginning at twelve o'clock noon for the

purposes only of performing the duties as required by Section 5 of

Article VI of the Constitution and organizing pursuant to the

provisions of this Article and shall recess not later than five

o'clock p.m. of that same day until the following first Monday in

February of the same year, beginning at twelve o'clock noon

Section V-27: Special sessions.

  The Legislature shall hold regular annual sessions as herein

provided, but this shall not prevent the calling of special

sessions of the Legislature by the Governor

Section V-27A: Special sessions.

  (1) The Legislature may be called into special session by a

written call for such purposes as may be specifically set out in

the call, signed by two-thirds (2/3) of the members of the Senate

and two-thirds (2/3) of the members of the House of

Representatives when it is filed with the President Pro Tempore

of the Senate and the Speaker of the House of Representatives who

shall issue jointly an order for the convening of the special

session.

  (2) Nothing in this section shall prevent the calling of a

special session of the Legislature by the Governor, as provided

by the Constitution of the State of Oklahoma.

Section V-28: Senate - President pro tempore - Standing committees.

  The Senate shall, at the beginning of each regular session and

at such other times as may be necessary, elect one of its members

President pro tempore, who shall preside over its deliberations

in the absence or place of the Lieutenant Governor; and the

Senate shall provide for all its standing committees and, by a

majority vote, elect the members thereof.

Section V-29: Speaker of House of Representatives.

  The House of Representatives shall, at the beginning of each

regular session and at such other times as may be necessary,

elect one of its members Speaker.

Section V-30: Judges of election of members - Quorum - Rules - Disorderly behavior - Journal.

  Each House shall be the judge of the elections, returns, and

qualifications of its own members, and a majority of each shall

constitute a quorum to do business; but a smaller number may

adjourn from day to day, and may be authorized to compel the

attendance of absent members, in such manner and under such

penalty as each House may provide.

  Each House may determine the rules of its proceedings, punish

its members for disorderly behavior, and, with the concurrence of

two-thirds, expel a member.

  Each House shall keep a journal of its proceedings, and from

time to time publish the same.  The yeas and nays of the members

of either House on any question, at the desire of one-fifteenth

of those present shall be entered upon its journal.

  Neither House, during the session of the Legislature, shall,

without the consent of the other, adjourn for more than three

days, nor to any other place than that in which the two Houses

shall be sitting.

Section V-31: Elections by Legislature - Voting and entry in journal.

  In all elections made by the Legislature, except for officers

and employees thereof, the members thereof shall vote yea or nay,

and each vote shall be entered upon the journal.

Section V-32: Special and local laws - Notice of intended introduction.

  No special or local law shall be considered by the Legislature

until notice of the intended introduction of such bill or bills

shall first have been published for four consecutive weeks in

some weekly newspaper published or of general circulation in the

city or county affected by such law, stating in substance the

contents thereof, and verified proof of such publication filed

with the Secretary of State.

Section V-33: Revenue bills - Origination - Amendment - Limitations on passage - Effective date - Submission to voters.

    A.  All bills for raising revenue shall originate in the House of

Representatives.  The Senate may propose amendments to revenue bills.

    B.  No revenue bill shall be passed during the five last days of

the session.

    C.  Any revenue bill originating in the House of Representatives

shall not become effective until it has been referred to the people

of the state at the next general election held throughout the state

and shall become effective and be in force when it has been approved

by a majority of the votes cast on the measure at such election and

not otherwise, except as otherwise provided in subsection D of this

section.

    D.  Any revenue bill originating in the House of Representatives

may become law without being submitted to a vote of the people of the

state if such bill receives the approval of three-fourths (3/4) of

the membership of the House of Representatives and three-fourths

(3/4) of the membership of the Senate and is submitted to the

Governor for appropriate action.  Any such revenue bill shall not be

subject to the emergency measure provision authorized in Section 58

of this Article and shall not become effective and be in force until

ninety days after it has been approved by the Legislature, and acted

on by the Governor.

Section V-34: Reading and passage of bills - Yeas and nays entered on journal.

  Every bill shall be read on three different days in each House,

and no bill shall become a law unless, on its final passage, it

be read at length, and no law shall be passed unless upon a vote

of a majority of all the members elected to each House in favor

of such law; and the question, upon final passage, shall be taken

upon its last reading, and the yeas and nays shall be entered

upon the journal.

Section V-35: Signing bills and resolutions - Entry on journal.

  The presiding officer of each House shall, in the presence of

the House over which he presides, sign all bills and joint

resolutions passed by the Legislature, immediately after the same

shall have been publicly read at length, and the fact of reading

and signing shall be entered upon the journal, but the reading at

length may be dispensed with by a two-thirds vote of a quorum

present, which vote, by yeas and nays, shall also be entered upon

the journal.

Section V-36: Extent of legislative authority - Specific grants not limitations.

  The authority of the Legislature shall extend to all rightful

subjects of legislation, and any specific grant of authority in

this Constitution, upon any subject whatsoever, shall not work a

restriction, limitation, or exclusion of such authority upon the

same or any other subject or subjects whatsoever.

Section V-37: Printing plant and state printer.

  The Legislature shall have the power to establish a state

printing plant, and to provide for the election or appointment of

a State Printer.

Section V-38: Geological and Economic Survey.

  The Legislature shall provide for the establishment of a State

Geological and Economic Survey.

Section V-39: Boards of Health, Dentistry and Pharmacy - Pure food commission - Present practitioners.

  The Legislature shall create a Board of Health, Board of

Dentistry, Board of Pharmacy, and Pure Food Commission, and

prescribe the duties of each.  All physicians, dentists and

pharmacists now legally registered and practicing in Oklahoma and

Indian Territory shall be eligible to registration in the State

of Oklahoma without examination or cost.

Section V-40: Militia.

  The Legislature shall provide for organizing, disciplining,

arming, maintaining, and equipping the Militia of the State.

Section V-41: Firemen's pensions.

  The Legislature may enact laws authorizing cities to pension

meritorious and disabled firemen.

Section V-42: Contempt, disobedience of process and disorderly conduct.

  In any legislative investigation, either House of the

Legislature, or any committee thereof, duly authorized by the

House creating the same, shall have power to punish as for

contempt, disobedience of process, or contumacious or disorderly

conduct, and this provision shall also apply to joint sessions of

the Legislature, and also to joint committees thereof, when

authorized by joint resolution of both Houses

Section V-43: Decennial revision of laws.

  The Legislature shall, in the year nineteen hundred and nine

and each ten years thereafter, make provision by law for

revising, digesting, and promulgating the statutes of the State.

Section V-44: Unlawful restraints of trade.

  The Legislature shall define what is an unlawful combination,

monopoly, trust, act, or agreement, in restraint of trade, and

enact laws to punish persons engaged in any unlawful combination,

monopoly, trust, act, or agreement, in restraint of trade, or

composing any such monopoly, trust, or combination.

Section V-45: Carrying constitution into effect.

  The Legislature shall pass such laws as are necessary for

carrying into effect the provisions of this Constitution.

Section V-46: Local and special laws on certain subjects prohibited.

  The Legislature shall not, except as otherwise provided in this

Constitution, pass any local or special law authorizing:

  The creation, extension, or impairing of liens;

  Regulating the affairs of counties, cities, towns, wards, or

school districts;

  Changing the names of persons or places;

  Authorizing the laying out, opening, altering, or maintaining

of roads, highways, streets, or alleys;

  Relating to ferries or bridges, or incorporating ferry or

bridge companies, except for the erection of bridges crossing

streams which form boundaries between this and any other state;

  Vacating roads, town plats, streets, or alleys;

  Relating to cemeteries, graveyards, or public grounds not owned

by the State;

  Authorizing the adoption or legitimation of children;

  Locating or changing county seats;

  Incorporating cities, towns, or villages, or changing their

charters;

  For the opening and conducting of elections, or fixing or

changing the places of voting;

  Granting divorces;

  Creating offices, or prescribing the powers and duties of

officers, in counties, cities, towns, election or school

districts;

  Changing the law of descent or succession;

  Regulating the practice or jurisdiction of, or changing the

rules of evidence in judicial proceedings or inquiry before the

courts, justices of the peace, sheriffs, commissioners,

arbitrators, or other tribunals, or providing or changing the

methods for the collection of debts, or the enforcement of

judgments or prescribing the effect of judicial sales of real

estate;

  Regulating the fees, or extending the powers and duties of

aldermen, justices of the peace, or constables;

  Regulating the management of public schools, the building or

repairing of school houses, and the raising of money for such

purposes;

  Fixing the rate of interest;

  Affecting the estates of minors, or persons under disability;

  Remitting fines, penalties and forfeitures, and refunding

moneys legally paid into the treasury;

  Exempting property from taxation;

  Declaring any named person of age;

  Extending the time for the assessment or collection of taxes,

or otherwise relieving any assessor or collector of taxes from

due performance of his official duties, or his securities from

liability;

  Giving effect to informal or invalid wills or deeds;

  Summoning or impaneling grand or petit juries;

  For limitation of civil or criminal actions;

  For incorporating railroads or other works of internal

improvements;

  Providing for change of venue in civil and criminal cases.

Section V-47: Retirement of officers.

  The Legislature shall not retire any officer on pay or part

pay, or make any grant to such retiring officer.

Section V-48: Bureau of immigration.

  The Legislature shall have no power to appropriate any of the

public money for the establishment and maintenance of a Bureau of

Immigration in this State.

Section V-49: Legislative employees - Number and emoluments.

  The Legislature shall not increase the number or emolument of

its employees, or the employees of either House, except by

general law, which shall not take effect during the term at which

such increase was made.

Section V-50: Exemption of property from taxation.

  The Legislature shall pass no law exempting any property withis

this State from taxation, except as otherwise provided in this

Constitution.

Section V-51: Exclusive rights, privileges or immunities.

  The Legislature shall pass no law granting to any association,

corporation, or individual any exclusive rights, privileges, or

immunities within this State.

Section V-52: Revival of rights or remedies - Taking away cause of action or defense.

  The Legislature shall have no power to revive any right or

remedy which may have become barred by lapse of time, or by any

statute of this State.  After suit has been commenced on any

cause of action, the Legislature shall have no power to take away

such cause of action, or destroy any existing defense to such

suit.

Section V-53: Release or extinguishment of debts or liabilities to state, county or municipality.

  Except as to tax and assessment charges against real property

remaining delinquent and unpaid for a period of time as long or

longer than that provided by law to authorize the taking title to

real property by prescription, the Legislature shall have no

power to release or extinguish, or to authorize the releasing or

extinguishing, in whole or in part, the indebtedness,

liabilities, or obligations of any corporation or individual, to

this State, or any county or other municipal corporation thereof.

Section V-54: Repeal of statute - Effect.

  The repeal of a statute shall not revive a statute previously

repealed by such statute, nor shall such repeal affect any

accrued right, or penalty incurred, or proceedings begun by

virtue of such repealed statute.

Section V-55: Appropriations - Necessity and requisites.

  No money shall ever be paid out of the treasury of this State,

nor any of its funds, nor any of the funds under its management,

except in pursuance of an appropriation by law, nor unless such

payments be made within two and one-half years after the passage

of such appropriation act, and every such law making a new

appropriation, or continuing or reviving an appropriation, shall

distinctly specify the sum appropriated and the object to which

it is to be applied, and it shall not be sufficient for such law

to refer to any other law to fix such sum.

Section V-56: General appropriation bills - Salaries - Separate appropriation bills.

  The general appropriation bill shall embrace nothing but

appropriations for the expenses of the executive, legislative,

and judicial departments of the State, and for interest on the

public debt.  The salary of no officer or employee of the State,

or any subdivision thereof, shall be increased in such bill, nor

shall any appropriation be made therein for any such officer or

employee, unless his employment and the amount of his salary,

shall have been already provided for by law.  All other

appropriations shall be made by separate bills, each embracing

Section V-57: Subjects and titles - Revival or amendment by reference - Extent of invalidity.

  Every act of the Legislature shall embrace but one subject,

which shall be clearly expressed in its title, except general

appropriation bills, general revenue bills, and bills adopting a

code, digest, or revision of statutes; and no law shall be

revived, amended, or the provisions thereof extended or

conferred, by reference to its title only; but so much thereof as

is revived, amended, extended, or conferred shall be re-enacted

and published at length:  Provided, That if any subject be

embraced in any act contrary to the provisions of this section,

such act shall be void only as to so much of the law as may not

be expressed in the title thereof.

Section V-58: Time of taking effect of statutes - Emergency measures.

    No act shall take effect until ninety days after the adjournment

of the session at which it was passed, except enactments for carrying

into effect provisions relating to the initiative and referendum, or

a general appropriation bill, unless, in case of emergency, to be

expressed in the act, the Legislature, by a vote of two-thirds of all

members elected to each House, so directs.  An emergency measure

shall include only such measures as are immediately necessary for the

preservation of the public peace, health, or safety, and shall not

include the granting of franchises or license to a corporation or

individual, to extend longer than one year, nor provision for the

purchase or sale of real estate, nor the renting or encumbrance of

real property for a longer term than one year.  Emergency measures

may be vetoed by the Governor, but such measures so vetoed may be

passed by a three-fourths vote of each House, to be duly entered on

the journal.

Section V-59: Uniform operation of general laws - Special laws when general law applicable.

  Laws of a general nature shall have a uniform operation

throughout the State, and where a general law can be made

applicable, no special law shall be enacted.

Section V-60: System of checks and balances.

  The Legislature shall provide by law for the establishment and

maintenace of an efficient system of checks and balances between

the officers of the Executive Department, and all commissioners

and superintendents, and boards of control of State institutions,

and all other officers entrusted with the collection, receipt,

custody, or disbursement of the revenue or moneys of the State

whatsoever.

Section V-61: Pensions to police officers.

  The legislature may enact laws authorizing cities to pension

meritorious and disabled police officers.  

Section V-62: Retirement benefits for teachers and school employees.

  The Legislature may enact laws to provide for the retirement

for meritorious service of teachers and other employees in the

public schools, colleges and universities in this State supported

wholly or in part by public funds, and may provide for payments

to be made and accumulated from public funds, either of the State

or of the several school districts.  Payments from public funds

shall be made in conformity to equality and uniformity within the

same classifications according to duration of service and

remuneration received during such service.  

Section V-63: Continuity of governmental operations in periods of emergency.

  The Legislature, in order to insure continuity of State and

local governmental operations in periods of emergency resulting

from disasters caused by enemy attack or in periods of emergency

resulting from the imminent threat of such disasters, shall have

the power and the immediate duty (1) to provide for prompt and

temporary succession to the powers and duties of public offices,

of whatever nature and whether filled by election or appointment,

the incumbents of which may become unavailable for carrying on

the powers and duties of such offices; and (2) to adopt such

other measures as may be necessary and proper for so insuring the

continuity of governmental operations.  In the exercise of the

powers hereby conferred, the Legislature shall in all respects

conform to the requirements of this Constitution.  

Section VI-1: Executive officers enumerated - Offices and records - Duties.

  A.  The Executive authority of the state shall be vested in a

Governor, Lieutenant Governor, Secretary of State, State Auditor

and Inspector, Attorney General, State Treasurer, Superintendent

of Public Instruction, Commissioner of Labor, Commissioner of

Insurance and other officers provided by law and this

Constitution, each of whom shall keep his office and public

records, books and papers at the seat of government, and shall

perform such duties as may be designated in this Constitution or

prescribed by law.

  B.  The Secretary of State shall be appointed by the Governor

by and with the consent of the Senate for a term of four (4)

years to run concurrently with the term of the Governor

Section VI-2: Supreme power vested in Governor.

  The Supreme Executive power shall be vested in a Chief

Magistrate, who shall be styled "The Governor of the State of

Oklahoma."

Section VI-3: Eligibility to certain state offices.

    No person shall be eligible to the office of Governor, Lieutenant

Governor, Secretary of State, State Auditor and Inspector, Attorney

General, State Treasurer or Superintendent of Public Instruction

except a citizen of the United States of the age of not less than

thirty-one (31) years and who shall have been ten (10) years next

preceding his or her election, or appointment, a qualified elector of

this state.

Section VI-4: Terms of office - Succession.

    The term of office of the Governor, Lieutenant Governor, State

Auditor and Inspector, Attorney General, State Treasurer,

Commissioner of Labor and Superintendent of Public Instruction shall

be four (4) years from the second Monday of January next after their

election.  The said officers shall be eligible to immediately succeed

themselves.  No person shall be elected Governor more than two times

in succession.

Section VI-5: Returns of election - Tie votes.

  The returns of every election for all elective state officers

shall be sealed up and transmitted by the returning officers to

the Secretary of State, directed to the Speaker of the House of

Representatives, who shall, immediately after the organization of

the House, and before proceeding to other business, open and

publish the same in the presence of a majority of each branch of

the Legislature, who shall for that purpose assemble in the hall

of the House of Representatives.  The persons respectively having

the highest number of votes for either of the said offices shall

be declared duly elected; but in case two or more shall have an

equal and the highest number of votes for either of said offices,

the Legislature shall, forthwith, by joint ballot, choose one of

the said persons so having an equal and the highest number of

votes for said office.

Section VI-6: Commander-in-Chief of militia - Calling out militia.

  The Governor shall be Commander-in-Chief of the militia of the

State, except when in service of the United States, and may call

out the same to execute the laws, protect the public health,

suppress insurrection, and repel invasion.

Section VI-7: Extraordinary sessions of Legislature.

  The Governor shall have power to convoke the Legislature, or

the Senate only, on extraordinary occasions.  At extraordinary

sessions, no subject shall be acted upon, except such as the

Governor may recommend for consideration.

Section VI-8: Execution of laws - Intercourse with other states and United States - Conservator of peace.

  The Governor shall cause the laws of the State to be faithfully

executed, and shall conduct in person or in such manner as may be

prescribed by law, all intercourse and business of the State with

other states and with the United States, and he shall be a

conservator of the peace throughout the State.

Section VI-9: Messages and communications to Legislature.

  At every session of the Legislature, and immediately upon its

organization, the Governor shall communicate by message,

delivered to a joint session of the two Houses, upon the

condition of the State;  and shall recommend such matters to the

Legislature as he shall judge expedient.  He shall also transmit

a copy, to each house, of the full report of each State officer

and State commission.  He shall communicate, from time to time,

such matters as he may elect or the Legislature may require.

Section VI-10: Reprieves, commutations, paroles and pardons.

    There is hereby created a Pardon and Parole Board to be composed

of five members; three to be appointed by the Governor; one by the

Chief Justice of the Supreme Court; one by the Presiding Judge of the

Criminal Court of Appeals or its successor.  An attorney member of

the Board shall be prohibited from representing in the courts of this

state persons charged with felony offenses.  The appointed members

shall hold their offices coterminous with that of the Governor and

shall be removable for cause only in the manner provided by law for

elective officers not liable to impeachment.  It shall be the duty of

the Board to make an impartial investigation and study of applicants

for commutations, pardons or paroles, and by a majority vote make its

recommendations to the Governor of all deemed worthy of clemency.

Provided, the Pardon and Parole Board shall have no authority to make

recommendations regarding parole for convicts sentenced to death or

sentenced to life imprisonment without parole.

    The Governor shall have the power to grant, after conviction and

after favorable recommendation by a majority vote of the said Board,

commutations, pardons and paroles for all offenses, except cases of

impeachment, upon such conditions and with such restrictions and

limitations as he may deem proper, subject to such regulations as may

be prescribed by law.  Provided, the Governor shall not have the

power to grant paroles if a convict has been sentenced to death or

sentenced to life imprisonment without parole.  The Legislature shall

have the authority to prescribe a minimum mandatory period of

confinement which must be served by a person prior to being eligible

to be considered for parole.  The Governor shall have power to grant

after conviction, reprieves, or leaves of absence not to exceed sixty

(60) days, without the action of said Board.

    He shall communicate to the Legislature, at each regular session,

each case of reprieve, commutation, parole or pardon, granted,

stating the name of the convict, the crime of which he was convicted,

the date and place of conviction, and the date of commutation,

pardon, parole and reprieve.

Section VI-11: Approval or veto of bills - Passage over veto - Failure to return bill.

  Every bill which shall have passed the Senate and House of

Representatives, and every resolution requiring the assent of

both branches of the Legislature, shall, before it becomes a law,

be presented to the Governor; if he approve, he shall sign it; if

not, he shall return it with his objections to the house in which

it shall have originated, who shall enter the objections at large

in the Journal and proceed to reconsider it.  If, after such

reconsideration, two-thirds of the members elected to that house

shall agree to pass the bill or joint resolution, it shall be

sent, together with the objections, to the other house, by which

it shall likewise be reconsidered; and, if approved by two-thirds

of the members elected to that house, it shall become a law,

notwithstanding the objections of the Governor.  In all such

cases, the vote in both houses shall be determined by yeas and

nays, and the names of the members voting shall be entered on the

Journal of each house respectively.  If any bill or resolution

shall not be returned by the Governor within five days (Sundays

excepted) after it shall have been presented to him, the same

shall be a law in like manner as if he had signed it, unless the

Legislature shall, by their adjournment, prevent its return, in

which case it shall not become a law without the approval of the

Governor.  No bill shall become a law after the final adjournment

of the Legislature, unless approved by the Governor within

fifteen days after such adjournment.

Section VI-12: Appropriation bills - Approval or disapproval - Emergency bills.

  Every bill passed by the Legislature, making appropriations of

money embracing distinct items, shall, before it becomes a law,

be presented to the Governor; if he disapproves the bill, or any

item, or appropriation therein contained, he shall communicate

such disapproval, with his reasons therefor, to the house in

which the bill shall have originated, but all items not

disapproved shall have the force and effect of law according to

the original provisions of the bill.  Any item or items so

disapproved shall be void, unless repassed by a two-thirds vote,

according to the rules and limitations prescribed in the

preceding section in reference to other bills:  Provided, That

this section shall not relieve emergency bills of the requirement

of the three-fourths vote.

Section VI-13: Officers' commissions - Vacancies.

  The Governor shall commission all officers not otherwise

commissioned by law.  All commissions shall run in the name and

by the authority of the "State of Oklahoma," be signed by the

Governor, sealed with the Great Seal of the State of Oklahoma,

and attested by the Secretary of State.  When any office shall

become vacant, he shall, unless otherwise provided by law,

appoint a person to fill such vacancy, who shall continue in

office until a successor shall have been duly elected or

appointed, and qualified according to law.

Section VI-14: Adjournment of Legislature - Changing place of meeting.

  In case of a disagreement between the two houses of the

Legislature, at a regular or special session, with respect to the

time of adjournment, the Governor may, if the facts be certified

to him, by the presiding officer of the house first moving the

adjournment, adjourn them to such time as he shall deem proper,

not beyond the day of the next stated meeting of the Legislature.

He may convoke the Legislature at or adjourn it to another place,

when, in his opinion, the public safety or welfare, or the safety

or health of the members require it:  Provided, however, That

such change or adjournment shall be concurred in by a two-thirds

vote of all the members elected to each branch of the

Legislature.

Section VI-15: Qualifications - President of Senate - Impeachment, etc., during vacancy in Governor's office.

  The Lieutenant Governor shall possess the same qualifications

of eligibility for office as the Governor.  He shall be president

of the Senate, but shall have only a casting vote therein, and

also in joint vote of both houses.  If, during a vacancy of the

office of Governor, the Lieutenant Governor shall be impeached,

displaced, resign, die or be absent from the State, or become

incapable of performing the duties of the office, the president,

pro tempore, of the Senate, shall act as Governor until the

vacancy be filled or the disability shall cease; and if the

president, pro tempore, of the Senate, for any of the above

enumerated causes, shall become incapable of performing the

duties pertaining to the office of Governor, the Speaker of the

House of Representatives shall act as Governor until the vacancy

be filled or the disability shall cease. Further provisions for

succession to the office of Governor shall be prescribed by law.

Section VI-16: Devolution of powers and duties of Governor upon Lieutenant Governor.

  In case of impeachment of the Governor, or of his death,

failure to qualify, resignation, removal from the State, or

inability to discharge the powers and duties of the office, the

said office, with its compensation, shall devolve upon the

Lieutenant Governor for the residue of the term or until the

disability shall be removed.

Section VI-17: Duties generally.

  The Secretary of State shall keep a register of the official

acts of the Governor, and when necessary, shall attest them, and

shall lay copies of the same, together with copies of all papers

relative thereto, before either house of the Legislature when

required to do so.  He shall also perform such other duties as

shall be prescribed by law.

Section VI-18: Custody and use of seal - Designation.

  The Secretary of State shall be the custodian of the Seal of

the State, and authenticate therewith all official acts of the

Governor except his approval of laws.  The said seal shall be

called "The Great Seal of the State of Oklahoma."

Section VI-19: Qualifications, powers and duties.

    The State Auditor and Inspector must have had at least three

years' experience as an expert accountant; his duties shall be,

without notice to such treasurer, to examine the state and all county

treasurers' books, accounts and cash on hand or in bank at least

twice each year, and publish his report as to every such treasurer

once each year.  For the purpose of such examination he shall take

complete possession of such treasurer's office.  He shall also

prescribe a uniform system of bookkeeping for the use of all

treasurers.  The State Auditor and Inspector shall perform such other

duties and have such other powers as may be prescribed by law.

Section VI-20: Department created - Duties.

    A Department of Labor is hereby created to be under the control

of a Commissioner of Labor whose duties shall be prescribed by law.

Section VI-21: Board of Arbitration and Conciliation.

  The Legislature shall create a Board of Arbitration and

Conciliation in the Department of Labor and the Commissioner of

Labor shall be ex-officio chairman.

Section VI-22: Insurance Department established - Function.

  There is hereby established an Insurance Department, which

shall be charged with the execution of all laws now in force, or

which shall hereafter be passed, in relation to insurance and

insurance companies doing business in the State.

Section VI-23: Commissioner - Election - Term of office - Qualifications.

  There shall be elected by the qualified electors of the State,

at the first general election, a chief officer of said

department, who shall be styled "The Insurance Commissioner,"

whose term of office shall be four years:  Provided, That the

first term of the Insurance Commissioner so elected, shall expire

at the time of the expiration of the term of office of the first

Governor elected. Said Insurance Commissioner shall be at least

twenty-five years of age and well versed in insurance matters.

Section VI-24: Bond of commissioner - Additional duties and qualifications.

  The Insurance Commissioner shall give bond, perform such

duties, and possess such further qualifications as may be

prescribed by law.

Section VI-25: Creation of office - Term and qualifications - Duties, oath and bond.

    There is hereby created a Department of Mines, which shall be

charged with the execution of all laws now in force or which shall

hereafter be passed in relation to mining activities and corporations

engaged in mining activities within the state.

Section VI-26: Mining districts - Assistant inspectors.

  The Legislature shall create mining districts and provide for

the appointment or election of Assistant Inspectors therein, who

shall be under the general control of the Chief Mine Inspector,

and the Legislature shall define their qualifications and duties

and fix their compensation.

Section VI-27: Election - Term - Qualifications.

  A Commissioner of Charities and Corrections shall be elected in

the same manner, at the same time, and for the same term as shall

the Governor.  Said officer may be of either sex, and shall be

twenty-five years of age or over; in all other respects said

officer shall have the qualifications which shall be required of

the Governor.

Section VI-28: Powers and duties - Report of investigations.

  The Commissioner of Charities and Corrections shall have the

power and it is hereby made his or her duty, to investigate the

entire system of public charities and corrections, to examine

into the condition and management of all prisons, jails,

alms-houses, reformatories, reform and industrial schools,

hospitals, infirmaries, dispensaries, orphanages, and all public

and private retreats and asylums, which derive their support

wholly or in part from the State, or from any county or

municipality within the State; and the officers of the various

institutions named herein shall promptly, upon demand, furnish

the said Commissioner with such information, relating to their

respective institutions, as shall be demanded by said

Commissioner, in writing.  The said Commissioner shall have the

power to summon any person to appear and produce such books and

papers as shall be designated in the summons, and to give

testimony under oath concerning the matter and institution under

investigation.  The said Commissioner shall have the power to

administer oaths to such persons as may be summoned, and to

enforce all such powers as are given to notaries public when they

are taking depositions.  A full report of said investigation,

including the testimony, shall be promptly made to the Governor

and shall be transmitted by him to the next Legislature with any

suggestions which he may desire to make.

Section VI-29: Report and suggestions.

  On the first day of October of each year, and at any time on

request of the Governor, the said Commissioner shall make a full

and complete report of the operations and administration of said

office, with such suggestions as said Commissioner may deem

suitable and pertinent.

Section VI-30: Power of Legislature.

  The Legislature shall have the power to alter, amend, or add to

the duties of, or grant additional authority to, such

Commissioner.

Section VI-31: Creation and membership - Status authority and duties.

  A Board of Agriculture is hereby created to be composed of five

members all of whom shall be farmers and shall be selected in the

manner prescribed by law.

  Said Board shall be maintained as a part of the State

government, and shall have jurisdiction over all matters

affecting animal industry and animal quarantine regulation, and

shall be the Board of Regents of all State Agricultural and

Mechanical Colleges, and shall discharge such other duties and

receive such compensation as now is, or may hereafter be,

provided by law.  

Section VI-31a: Board of Regents for agricultural and mechanical schools and colleges - Members - Vacancies - Removal - Terms.

  There is hereby created a Board of Regents for the Oklahoma

Agricultural and Mechanical College and all Agricultural and

Mechanical Schools and Colleges maintained in whole or in part by

the State.  The Board shall consist of nine (9) members, eight

(8) members to be appointed by the Governor by and with the

advice and consent of the Senate, a majority of whom shall be

farmers, and the ninth member shall be the President of the State

Board of Agriculture.  Any vacancy occurring among the appointed

members shall be filled by appointment of the Governor by and

with the advice and consent of the Senate.  The members of the

Board shall be removable only for cause as provided by law for

the removal of officers not subject to impeachment.  The members

shall be appointed for terms of eight (8) years each, with one

term expiring each year, provided that the members of the first

Board shall be appointed for terms of from one (1) to eight (8)

years respectively.  Provided that no State, National or County

officer shall ever be appointed as a member of said Board of

Regents until two years after his tenure as such officer has

ceased.  

Section VI-32: Membership and functions.

    A.  The Governor, Lieutenant Governor, State Auditor,

Superintendent of Public Instruction and the President of the Board

of Agriculture shall constitute the Commissioners of the Land Office,

who shall have charge of the sale, rental, disposal and managing of

the school lands and other public lands of the state, and of the

funds and proceeds derived therefrom, under rules and regulations

prescribed by the Legislature.

    B.  Should the offices of State Examiner and Inspector and State

Auditor be consolidated in the office of State Auditor and Inspector,

the State Auditor shall be replaced as a member of the Commissioners

of the Land Office by the State Auditor and Inspector.  Should the

offices not be so consolidated, the membership of the Board shall

remain as prescribed in subsection A of this section

Section VI-33: Accounts and reports of officers and commissioners.

  An account shall be kept by the officers and commissioners of

the State of all moneys and choses in action disbursed or

otherwise disposed of severally by them, from all sources, and

for every service performed; and a report thereof shall be made

semi-annually and as often as may be required by law, to the

Governor under oath. The Governor may, at any time, require

information in writing, under oath, from all officers and

commissioners of the State, and all officers of State

institutions, penal, eleemosynary, educational, and industrial on

any subject relating to their respective offices and

institutions; which information, when so required, shall be

furnished by such officers and managers; and any officer or

manager who, at any time, shall make a false report, shall be

punished as by law provided.

Section VI-34: Compensation of officers.

  Each of the officers in this article named shall, at stated

times, during his continuance in office, receive for his services

a compensation, which shall not be increased or diminished during

the term for which he shall have been elected; nor shall he

receive to his use, any fees, cost, or perquisites of office or

other compensation.

Section VI-35: Description of seal.

  In the center shall be a five pointed star, with one ray

directed upward.  The center of the star shall contain the

central device of the seal of the Territory of Oklahoma,

including the words, "Labor Omnia Vincit."  The upper left hand

ray shall contain the symbol of the ancient seal of the Cherokee

Nation, namely:  A seven pointed star partially surrounded by a

wreath of oak leaves. The ray directed upward shall contain the

symbol of the ancient seal of the Chickasaw Nation, namely:  An

Indian warrior standing upright with bow and shield.  The lower

left hand ray shall contain the symbol of the ancient seal of the

Creek Nation, namely:  A sheaf of wheat and a plow.  The upper

right hand ray shall contain the symbol of the ancient seal of

the Choctaw Nation, namely:  A tomahawk, bow, and three crossed

arrows.  The lower right hand ray shall contain the symbol of the

ancient seal of the Seminole Nation, namely:  A village with

houses and a factory beside a lake upon which an Indian is

paddling a canoe.  Surrounding the central star and grouped

between its rays shall be forty-five small stars, divided into

five clusters of nine stars each, representing the forty-five

states of the Union, to which the forty-sixth is now added.  In a

circular band surrounding the whole device shall be inscribed,

"GREAT SEAL OF THE STATE OF OKLAHOMA 1907."

Section VII-1: Courts in which judicial power vested.

    The judicial power of this State shall be vested in the Senate,

sitting as a Court of Impeachment, a Supreme Court, the Court of

Criminal Appeals, the Court on the Judiciary, the State Industrial

Court, the Court of Bank Review, the Court of Tax Review, and such

intermediate appellate courts as may be provided by statute District

Courts, and such Boards, Agencies and Commissions created by the

Constitution or established by statute as exercise adjudicative

authority or render decisions in individual proceedings.  Provided

that the Court of Criminal Appeals, the State Industrial Court, the

Court of Bank Review and the Court of Tax Review and such Boards,

Agencies and Commissions as have been established by statute shall

continue in effect, subject to the power of the Legislature to change

or abolish said Courts, Boards, Agencies, or Commissions.  Municipal

Courts in cities or incorporated towns shall continue in effect and

shall be subject to creation, abolition or alteration by the

Legislature by general laws, but shall be limited in jurisdiction to

criminal and traffic proceedings arising out of infractions of the

provisions of ordinances of cities and towns or of duly adopted

regulations authorized by such ordinances.

Section VII-2: Supreme Court Justices - Number - Terms - Vacancies - Qualifications - Chief Justice - Vice Chief Justice.

  The Supreme Court shall consist of nine Justices until the

number shall be changed by statute and each Justice shall be from

a separate district of the State.  Each district shall remain as

presently constituted until otherwise provided by Statute.  The

terms of office of the Justices of the Supreme Court shall be six

years and shall commence on the second Monday of January

following their election.  Those appointed or elected to fill

vacancies shall assume office immediately upon qualifying for the

office.  Each Justice, at the time of his election or

appointment, shall have attained the age of thirty years, shall

have been a qualified elector in the district for at least one

year immediately prior to the date of filing or appointment, and

shall have been a licensed practicing attorney or judge of a

court of record, or both, in Oklahoma for five years preceding

his election or appointment and shall continue to be a duly

licensed attorney while in office to be eligible to hold the

office.  The Justices shall choose from among their members a

Chief Justice and a Vice Chief Justice.  

Section VII-3: Election of Justices and Judges - Vacancies.

  From each of the Supreme Court districts and Court of Criminal

Appeals districts, the voters thereof shall elect a Justice of

the Supreme Court and a Judge of the Court of Criminal Appeals at

a non-partisan election, in a manner provided by statute.  In the

event intermediate appellate courts are created, the judges

thereof shall be elected at a non-partisan election, in a manner

provided by statute.  In the event of a vacancy the Governor

shall, by appointment from said district, fill such vacancy until

the next election for State Officers, and at such election the

vacancy for the unexpired term shall be filled by a non-partisan

election in a manner provided by statute.  

Section VII-4: Jurisdiction of Supreme Court - Writs.

  The appellate jurisdiction of the Supreme Court shall be

co-extensive with the State and shall extend to all cases at law

and in equity; except that the Court of Criminal Appeals shall

have exclusive appellate jurisdiction in criminal cases until

otherwise provided by statute and in the event there is any

conflict as to jurisdiction, the Supreme Court shall determine

which court has jurisdiction and such determination shall be

final.  The original jurisdiction of the Supreme Court shall

extend to a general superintendent control over all inferior

courts and all Agencies, Commissions and Boards created by law.

The Supreme Court, Court of Criminal Appeals, in criminal matters

and all other appellate courts shall have power to issue, hear

and determine writs of habeas corpus, mandamus, quo warranto,

certiorari, prohibition and such other remedial writs as may be

provided by law and may exercise such other and further

jurisdiction as may be conferred by statute.  Each of the

Justices or Judges shall have power to issue writs of habeas

corpus to any part of the State upon petition by or on behalf of

any person held in actual custody and make such writs returnable

before himself, or before the Supreme Court, other Appellate

Courts, or before any District Court, or judge thereof in the

State.  The appellate and the original jurisdiction of the

Supreme Court and all other appellate courts shall be invoked in

the manner provided by law.  

Section VII-5: Sessions - Quorum - Intermediate appellate courts - Form of decisions - Clerk of Supreme Court.

  The sessions of the Supreme Court shall be held at the seat of

government, and the sessions and duration thereof shall be fixed

by rule of said Court.  A majority of the members of the Supreme

Court shall constitute a quorum and the concurrence of the

majority of said Court shall be necessary to decide any question.

The jurisdiction, powers, duties and procedures of intermediate

appellate courts shall be as provided by rules of the Supreme

Court until otherwise provided by statute.  In the event of the

creation of intermediate appellate courts, all appeals shall be

made to the Supreme Court, which may, by rule, determine the

method of assignment to, and recall from, the intermediate

appellate courts until otherwise provided by statute.  When the

intermediate appellate courts acquire jurisdiction in any cause

and make final disposition of same, such disposition shall be

final and there shall be no further right of appeal except for

issuance of a writ of certiorari ordered by a majority of the

Supreme Court which may affirm, modify or make such other changes

in said decision as it deems proper.  The Supreme Court and

intermediate appellate court decisions shall be in such form as

the Supreme Court shall specify by rule and the Court of Criminal

Appeals decisions shall be in such form as it shall specify by

rule, until otherwise provided by statute.  The Supreme Court

shall appoint a Clerk of the Supreme Court, who shall serve at

the pleasure of the Supreme Court and who shall perform the

duties prescribed by law and rules of the Supreme Court.  The

Clerk of the Supreme Court in office on the effective date of

this Article shall continue in office for the duration of his

elective term.  

Section VII-6: Administrative authority - Director and staff.

  Except with reference to the Senate sitting as a Court of

Impeachment and the Court on the Judiciary, general

administrative authority over all courts in this State, including

the temporary assignment of any judge to a court other than that

for which he was selected, is hereby vested in the Supreme Court

and shall be exercised by the Chief Justice in accordance with

its rules.  The Supreme Court shall appoint an administrative

director and staff, who shall serve at its pleasure to assist the

Chief Justice in his administrative duties and to assist the

Court on the Judiciary. 

Section VII-7: District Courts - Jurisdiction - Courts abolished - Transfer of jurisdiction, files etc.

  (a)  The State shall be divided by the Legislature into

judicial districts, each consisting of an entire county or of

contiguous counties.  There shall be one District Court for each

judicial district, which shall have such number of District

Judges, Associate District Judges and Special Judges as may be

prescribed by statute.  The District Court shall have unlimited

original jurisdiction of all justiciable matters, except as

otherwise provided in this Article, and such powers of review of

administrative action as may be provided by statute.  Existing

electing districts for all who are or who become District Judges

and Associate District Judges under the terms of this Article

shall remain as they are constituted for the offices formerly

held by such persons on the effective date of this Article, until

changed by statute.  The Legislature may at any time delegate

authority to the Supreme Court to designate by court rule the

division of the State into districts and the number of judges.

  (b)  All Courts in the State of Oklahoma, except those

specifically provided for in this Article, are hereby abolished

at midnight on the day preceding the effective date of this

Article and their jurisdiction, functions, powers and duties are

transferred to the respective District Courts, and, until

otherwise provided by statute, all non-judicial functions vested

in such courts are transferred to the District Courts and Judges

thereof.  No person shall file a declaration of candidacy for any

such court abolished herein on or after July 1, 1968.

  (c)  Each court into which jurisdiction of other courts is

transferred shall succeed to and assume jurisdiction of all

causes, matters and proceedings then pending, with full power and

authority to dispose of them and to carry into execution or

otherwise to give effect to all orders, judgments and decrees

theretofore entered by the predecessor courts.

  (d)  The files, books, papers, records, documents, monies,

securities and other property in the possession, custody, or

control of the court hereby abolished, or in the possession,

custody or control of any officer thereof, are transferred to the

District Court; and thereafter all proceedings in all court shall

be matters of record.

  (e)  In the event a transfer or transition has not been

provided for by law, the Supreme Court shall by rule provide for

the orderly transfer or transition.  

Section VII-8: Classes of District Court Judges - Selection - Terms - Jurisdiction - Qualifications.

    (a)  The Judges of the District Court shall be District Judges,

Associate District Judges, and Special Judges.  Each District Judge,

each Associate District Judge, and each Special Judge shall be

selected according to the provisions of this Article.

    (b)  Superior Court Judges shall become District Court Judges on

the effective date of this Article.

    (c)  Common Pleas, County, Children's and Juvenile Court Judges

shall become Associate District Judges in the following manner: Those

Judges whose terms expire after the effective date of this Article

shall become Associate District Judges on the effective date of this

Article.  Those Judges whose terms expire on or before the effective

date of this Article, shall be subject to selection, in a manner

provided by law, as Associate District Judges for a term expiring the

day preceding the second Monday in January, 1971, and the selectees

shall become Associate District Judges on the effective date of this

Article.

    (d)  There shall be at least one Associate District Judge for

each County in the State.  The number of District Judges, including

Superior Court Judges who become District Judges, and Associate

District Judges shall continue at the number held over under this

Article until changed by statute.  The District Judges and Associate

District Judges shall exercise all jurisdiction in the District Court

except as otherwise provided by law.  The District Courts, or any

Judges thereof, shall have the power to issue any writs, remedial or

otherwise necessary or proper to carry into effect their orders,

judgments, or decrees.

    (e)  The appointment of any Judge to any Court abolished by this

Article made after its adoption shall be for a period ending on the

day preceding the effective day of this Article.

    (f)  The terms of District Judges and Associate District Judges

shall be for four years commencing on the second Monday of January in

1971 and vacancies shall be filled in the manner provided by law.

    (g)  Each District Judge shall have had prior to election or

appointment, a minimum of four years' experience as a licensed

practicing attorney, or as a judge of a court of record, or both,

within the State of Oklahoma; shall be a qualified elector of the

respective district; and shall have such additional qualifications as

may be prescribed by statute.  Each Associate District Judge shall be

an attorney licensed to practice in the State of Oklahoma and an

elector in the County at the time of filing; and they shall have such

additional qualifications as prescribed by statute.  Both District

Judges and Associate District Judges shall continue to be licensed

attorneys while in office.

    (h)  The District Judges in each judicial administrative district

shall appoint special judges to serve at their pleasure.  The

District Judges may appoint a nonlawyer as a special judge if no

qualified licensed attorney is available.  The jurisdiction of

Special Judges shall be limited as may be prescribed by statute.  The

formula used for the number of special judges to be allowed to each

judicial administrative district shall be set by the Legislature.

All judges of special sessions courts shall become Special Judges for

the remainder of their terms.

    (i)  District Judges, Associate District Judges and Special

Judges may hold court anywhere in this State authorized by rule of

the Supreme Court.

Section VII-9: Election of District Judges and Associate District Judges.

  District Judges and Associate District Judges shall be elected

by the voters of the several respective districts or counties at

a non-partisan election in the manner provided by statute.  

Section VII-10: Judicial Administrative Districts.

  (a)  The State shall be divided into Judicial Administrative

Districts, by statute, each consisting of one or more District

Court Judicial Districts.

  (b)  The District Judges and Associate District Judges in each

Judicial Administrative District shall select one of the District

Judges to serve at their pleasure as Presiding Judge of such

Judicial Administrative District.  Subject to the authority of

the Supreme Court, the Presiding Judge shall have general

administrative authority over the Judicial Administrative

District, including authority to provide for divisions, general

or specialized, and for appropriate times and places of holding

court subject to law.  

Section VII-11: Salaries and expenses - Retirement.

  (a)  Judges and Supreme Court Justices shall receive for their

services salaries provided by statute.  The salaries of Judges

and Justices shall not be diminished, but may be increased during

their respective terms of office.  Judicial officers may be paid

such actual and necessary expenses as may be provided by statute.

All basic salaries and expenses, or any portion thereof, of

judges of District Courts shall be paid by the State unless

otherwise provided by Statute with such additional salaries as

may be provided by statute to be paid by the respective districts

or counties.

  (b)  No Justices or Judges, except those of Municipal Courts,

shall engage in the practice of law nor hold any other office or

position of profit under the United States or this State or any

municipal corporation or political subdivision of this State, nor

shall hold office in any political party.  Provided that the

Judges of the Court on the Judiciary, the Court of Tax Review and

the Court of Bank Review and the Judges of any other such Special

Courts may serve in such capacities in addition to their other

judicial office. Compensation for service in the National Guard

or the armed forces of the United States for such periods of time

as may be determined by rules of the Supreme Court shall not be

deemed "profit".

  (c)  Notwithstanding the provisions of this Article relating to

terms of office, the Legislature may provide by statute for a

maximum age qualification for election or appointment to office

and for the retirement of Justices and Judges automatically at a

prescribed age or both.  The compensation, age of retirement and

after a certain number of years of service, or procedure for

retirement shall be prescribed by statute.  Any retired Justice

or Judge may, in the discretion of the Supreme Court, be assigned

to Judicial service.  The compensation for such service shall be

that to which the Justice or Judge is entitled in accordance with

benefits as provided by statute.  

Section VII-12: Continuing provisions.

  Except to the extent inconsistent with the provisions of this

Article, all provisions of law and rules of court in force on the

effective date of this Article shall continue in effect until

superseded in a manner authorized by law.  

Section VII-13: Savings clause.

  In the event the abolition of any court or office hereunder is

held by any court of competent jurisdiction to not take effect

upon the effective date of this Article, then such court or

office shall be abolished and terminated at the expiration of the

term of the officer holding such office with the same provisions

applying thereto, as if abolished on the effective date of this

Article. 

Section VII-14: Effective dates - Implementing acts.

  This Judicial Article shall become effective on January 13,

1969;  except those provisions expressly authorizing or directing

a different date; and except those provisions relating to the

Supreme Court, the Court of Criminal Appeals, intermediate

appellate courts and the Justices and Judges of such Courts,

which shall become effective immediately upon the adoption of

this Judicial Article. On or after the first Tuesday after the

first Monday in January, 1968, the Legislature shall enact the

necessary and appropriate laws to implement and place in

operation the provisions of this Article. 

Section VII-15: Jury trials - Verdicts.

  In all jury trials the jury shall return a general verdict, and

no law in force nor any law hereafter enacted, shall require the

court to direct the jury to make findings of particular questions

of fact, but the court may, in its discretion, direct such

special findings.  

Section VII-16: Repealer.

  Article VII of the Constitution of the State of Oklahoma is

hereby repealed.  

Section VII-A-1: Removal of judges from office - Compulsory retirement - Causes.

  (a)  In addition to other methods and causes prescribed by the

Constitution and laws, the judges of any court, exercising

judicial power under the provisions of Article VII, or under any

other provision, of the Constitution of Oklahoma, shall be

subject to removal from office, or to compulsory retirement from

office, for causes herein specified, by proceedings in the Court

on the Judiciary.

  (b)  Cause for removal from office shall be:  Gross neglect of

duty; corruption in office; habitual drunkenness; commission

while in office of any offense involving moral turpitude; gross

partiality in office; oppression in office; or other grounds as

may be specified hereafter by the legislature.

  (c)  Cause for compulsory retirement from office, with or

without compensation, shall be mental or physical disability

preventing the proper performance of official duty, or

incompetence to perform the duties of the office.  

Section VII-B-1: Governing provisions - Definitions.

  (a)  The provisions of this Article shall govern the selection

and tenure of all Justices of the Supreme Court and Judges of the

Court of Criminal Appeals of the State of Oklahoma, to which the

provisions hereof may be extended as hereinafter provided, other

provisions of the Constitution or statutes of the State of

Oklahoma to the contrary notwithstanding, and the provisions of

Article VII as proposed by House Joint Resolution No. 508 of the

First Session of the Thirty-first Oklahoma Legislature to the

contrary notwithstanding.

  (b)  As used in this Section, "Judicial Office" means the

offices of Justice of the Supreme Court and Judges of the Court

of Criminal Appeals and "Judicial Officer" means a Justice or

Judge of each such court, excluding retired or supernumerary

Justices or Judges.  

Section VII-A-2: Creation of Court on the Judiciary - Trial and Appellate Divisions - Jurisdiction - Membership.

  (a)  There is created a Court on the Judiciary, hereinafter

referred to as the Court, divided into a Trial Division and an

Appellate Division.  The Court is vested, subject to the

provisions of this Article, with sole and exclusive jurisdiction

to hear and determine causes arising thereunder.

  (b)  The Trial Division shall be composed of nine (9) members,

eight (8) of whom shall be the district judges senior in service,

but under sixty (60) years of age, with no two (2) from the same

Supreme Court Judicial District (in case of equal seniority, the

eldest in years to serve), and one (1) active member of the

Oklahoma Bar Association, chosen by its Executive Council or

other body exercising similar powers.

  (c)  The Appellate Division shall be composed of two (2)

members of the Supreme Court, chosen by that court; one (1)

member of the Court of Criminal Appeals, chosen by that court;

one (1) active member of the Oklahoma Bar Association, chosen by

its Executive Council or other body exercising similar powers;

and five (5) district judges, senior in service but under

sixty-five (65) years of age; except that no more than one (1)

district judge from any Supreme Court Judicial District shall

serve.  In the event of equal seniority, the eldest in years

shall serve.  If any district judge is qualified for both

divisions, he shall serve on the Appellate Division and the next

in qualification shall serve on the Trial Division.

  (d)  Within thirty (30) days after the adoption of this

amendment, and thereafter prior to the first day in February of

each odd-numbered year, the Chief Justice of the Supreme Court,

the Presiding Judge of the Court of Criminal Appeals and the

President of the Bar Association shall certify to the Secretary

of State the names of the judges who are chosen, respectively, by

the said courts and by the Oklahoma Bar Association.  The

Secretary of State shall determine the district judges who hold

membership on the Trial Division and the Appellate Division.

Promptly thereafter he shall notify the members of the respective

divisions to meet at the State Capitol on a day certain, within

thirty (30) days, for purposes of organization and of making or

amending rules of procedure.

  (e)  Members of the courts so designated shall serve until

March First of the odd-numbered year next after the year in which

they are named.  The attainment of the age limit specified shall

not terminate their service during the term. 

Section VII-B-2: Declaration of candidacy - Election.

  At the general election next before his term expires, any

Judicial Officer may seek retention in office by filing with the

Secretary of State, not less than sixty (60) days before the date

of such election, a declaration of candidacy to succeed himself.

Thereupon, at such election, there shall be submitted to the

qualified electors of the State, on a separate ballot, without

party designation, this question:

     "Shall (Here insert name of Justice or Judge) of (Here insert

     the title of the court) be retained in Office?

                                YES

                                NO

The question shall be decided by a majority of those voting thereon.

If the decision is "yes" the Judicial Officer shall be retained in

office for the next ensuing six (6) year term.  If the decision is

"no", or if no declaration of candidacy is filed, the office shall be

vacant upon expiration of the term then being served, and the former

Judicial Officer shall not be eligible for appointment to succeed

himself.  Retention in office may be sought for successive terms

without limit as to number, except for retirement as may be provided

by the Legislature for a maximum retirement age.  

Section VII-A-3: Presiding judge - Rules - Meetings - Clerk - Powers.

  (a)  Subject to the provisions of this Article, each division

of the Court shall select its presiding judge, and shall be judge

of the qualifications and the disqualification of its own members

and shall make and publish its own rules of procedure.  Each

division shall meet on call of its presiding judge or three (3)

of its members;  a majority of the authorized membership of

either division of the court shall constitute a quorum for the

exercise of any or all of the jurisdiction of that division,

regardless of whether or not vacancies exist in the membership of

that division.

  (b)  The Clerk of the Supreme Court shall be the clerk of the

court. He shall perform his duties under the direction of the

Court or of the presiding judges.

  (c)  In the exercise of its jurisdiction, the Court is vested

with full judicial power and authority, including the power to

summon witnesses to appear and testify under oath and to compel

the production of books, papers, documents, records and other

evidential objects; to issue all manner of judicial and remedial

process and writs, legal or equitable; to provide for discovery

procedures in advance of trial; to make rules governing

procedure; to grant full immunity from prosecution or punishment

when deemed necessary and proper in order to compel the giving of

testimony under oath or the production of books, papers,

documents, records or other evidential objects.  The specific

enumeration of powers herein shall not derogate from the

existence of other judicial power and authority in the Court, or

from the exercise thereof in aid of its jurisdiction. 

Section VII-B-3: Judicial Nominating Commission.

  (a)  There is established as a part of the Judicial Department

a Judicial Nominating Commission of thirteen (13) members, to

consist of:

  (1) six (6) members to be appointed by the Governor, one (1)

from each congressional district established by the Statutes of

Oklahoma and existing at the date of the adoption of this

Article, none of whom shall be admitted to practice law in the

State of Oklahoma;

  (2) six (6) members, one (1) from each congressional district

established by the Statutes of Oklahoma and existing at the date

of the adoption of this Article who are, however, members of the

Oklahoma Bar Association and who have been elected by the other

active members of their district under procedures adopted by the

Board of Governors of the Oklahoma Bar Association, until changed

by statute; and

  (3) one (1) member at large who shall not have been admitted to

the practice of law in the State of Oklahoma or any other State,

but who shall be a resident of the State of Oklahoma, to be

selected by not less than eight (8) members of the Nominating

Commission.  In the event eight (8) members of the Commission

cannot agree upon the member at large within thirty (30) days of

the initial organization of the Commission or within thirty (30)

days of a vacancy in the member at large position, the Governor

shall make the appointment of the member at large.

  The Commission shall elect one of its members to serve as

Chairman for a term of one (1) year.

  The six (6) lay members of the Commission who are appointed by

the Governor shall be appointed within ninety (90) days from the

date that this Article becomes effective.  Two (2) members shall

be appointed for a term of two (2) years, two (2) members for a

term of four (4) years, and two (2) members for a term of six (6)

years. The Oklahoma Bar Association shall hold its election and

certify to the Secretary of State its members within ninety (90)

days from the effective date of this Article, two (2) of whom

shall be elected for a term of two (2) years, two (2) for a term

of four (4) years, and two (2) for a term of six (6) years.

Thereafter all of the members of the Commission, whether elected

or appointed, shall serve for a term of six (6) years, except

that the member at large shall serve for a term of two (2) years.

  (b)  Vacancies arising during the term of any lay commissioner,

other than the member at large, shall be filled by appointment by

the Governor for the remainder of his term.  Vacancies of any

lawyer commissioner shall be filled by the Board of Governors of

the Oklahoma Bar Association for the remainder of his term.

  (c)  In the event of vacancy in the member at large position,

the said vacancy shall be filled in the same manner as the

original selection.

  (d)  Of those Commissioners named by the Governor, not more

than three (3) shall belong to any one political party.

  (e)  The concurrence of the majority of Commissioners in office

at the time shall be sufficient to decide any question, unless

otherwise provided herein.  The Commission shall have

jurisdiction to determine whether the qualifications of nominees

to hold Judicial Office have been met and to determine the

existence of vacancies on the Commission.

  (f)  No Commissioner, while a member of the Commission, shall

hold any other public office by election or appointment or any

official position in a political party and he shall not be

eligible, while a member of the Commission and for five (5) years

thereafter, for nomination as a Judicial Officer.

  (g)  Commissioners shall serve without compensation but the

Legislature shall provide funds to reimburse them for their

necessary travel and lodging expenses while performing their

duties as such Commissioners.

  (h)  No Commissioner shall be permitted to succeed himself.

  (i)  As used herein, the words "Oklahoma Bar Association" shall

include any successor thereof and any future form of the

organized Bar of this State.  

Section VII-A-4: Invoking jurisdiction by petition - Hearing.

  (a)  The jurisdiction of the Trial Division of the Court may be

invoked by a petition, filed either by the Supreme Court or the

Chief Justice thereof; by the Governor; by the Attorney General;

or by the Executive Secretary of the Oklahoma Bar Association

when directed so to do by a vote of a majority of all members of

its Executive Council; or by Resolution of the House of Delegates

or by Resolution of the House of Representatives of the State of

Oklahoma. The petition shall state the name of the respondent;

the grounds upon which his removal from office or compulsory

retirement from office is sought; and such other matters as may

be specified by the rules of the Trial Division.  It shall be

subject to amendment by order of either division of the Court.

  (b)  Immediately upon the filing of the petition, the Clerk

shall notify the presiding officer of the Trial Division, and the

respondent named therein, in accordance with the rules of the

Trial Division.  The presiding judge of the Trial Division shall

secure from the Executive Council of the Oklahoma Bar Association

a panel of five (5) active members of the Association from which

the presiding judge shall designate the prosecutor, and any

necessary assistant, to conduct the proceeding against the

respondent.

  (c)  The Trial Division or the presiding judge shall set the

matter for hearing, not less than sixty (60) days after notice of

the filing of the petition shall have been given the respondent.

In all procedural matters not covered by rule of the Trial

Division, the provisions of the Code of Civil Procedure, or of

the common law of Oklahoma, shall be followed, so far as they may

be applicable.

  (d)  Pending the determination of the proceedings, the Trial

Division in its discretion may suspend the respondent from the

exercise of his office.  After full hearing, the Trial Division

shall render such judgment as the facts may justify.  No judgment

shall extend further than:  (1)  to removal of the respondent

from office, with or without disqualification to hold any public

office of honor, trust, or profit under this State, or (2) to

compulsory retirement from office; but such a proceeding,

regardless of result, shall not bar or prejudice any other

proceeding, civil or criminal, authorized by law.  A judicial

officer who is a member of the retirement compensation system

prescribed by this Article and is compulsory retired shall

receive the retirement compensation to which his term of service

entitled him.  If he is not qualified for full retirement

compensation, he may receive such compensation as the Court may

decree, in proportion to time served and in accordance with

principles of justice and equity, alike as to amount,

commencement of payment, terms of payment, or other relevant

conditions or limitations.  

Section VII-B-4: Vacancy in Judicial Office - Filling.

  When a vacancy in any Judicial Office, however arising, occurs

or is certain to occur, the Judicial Nominating Commission shall

choose and submit to the Governor and the Chief Justice of the

Supreme Court three (3) nominees, each of whom has previously

notified the Commission in writing that he will serve as a

Judicial Officer if appointed.  The Governor shall appoint one

(1) of the nominees to fill the vacancy, but if he fails to do so

within sixty (60) days the Chief Justice of the Supreme Court

shall appoint one (1) of the nominees, the appointment to be

certified by the Secretary of State.  

Section VII-A-5: Appeal to Appellate Division.

  (a)  From any judgment of the Trial Division, the respondent or

the prosecutor may appeal to the Appellate Division, by filing a

notice of appeal with the Clerk of the Supreme Court, within ten

days after entry of the judgment.  The notice shall be served

upon the opposite party in the manner prescribed by the rules of

the Appellate Division.

  (b)  The preparation and certification of the record upon

appeal and all proceedings upon the appeal, not prescribed by

this action, shall be governed by the rules of the Appellate

Division.

  (c)  The review in the Appellate Division shall be an equity

appeal, as to both law and fact.  The Appellate Division may

affirm, modify or reverse the judgment of the Trial Division, or

enter a new judgment, as justice may require.

  (d)  If justice requires, the Appellate Division may hear

additional evidence upon the appeal, upon a showing to the

satisfaction of the Division that the additional evidence is

material and that there were good reasons for failure to present

it to the Trial Division.  

Section VII-B-5: Terms and election.

  Each Judicial Officer elected before or after the adoption of

this Article shall, unless removed for cause, serve out the term

for which he is elected and those Judicial Officers serving at

the date of the adoption of this Article, whose Judicial Office

comes under the provision of this Article on the date of the

expiration of said term, shall be deemed to have been appointed

as provided herein and eligible to file a declaration of

candidacy to succeed themselves as provided in this Article.  If

retained in office, the term of each such Judicial Officer shall

be six (6) years commencing the second Monday in January

following such election.

  The term and election of each Judicial Officer appointed to

fill a vacancy after the adoption of this Article shall be as

follows:  If such appointed officer has served or will have

served twelve (12) months on or before the next general election

following appointment, such officer may file for election for the

remainder of the term for which such officer was appointed, or

for a six (6) year term, whichever is applicable, within the time

and in the manner elected Judicial Officers file their candidacy

under this Article. If such appointed officer has not served or

will not have served twelve (12) months on or before the next

general election following appointment, such officer shall

continue in office until the second general election following

appointment and may file for selection for the remainder of the

term or for a six (6) year term, whichever is applicable, as

herein provided.  

Section VII-A-6: Established rules to apply - Judge pro tem - Compensation.

  (a)  In all proceedings before the Court the established rules

for disqualification of judges for interest, prejudice or

partiality shall apply.  No district judge shall sit in a matter

in which the respondent is a judge of a court within his district

court judicial district.  In the event of the disqualification or

failure to act of a member of the Court, a judge pro tem to sit

in his place shall be named by the authority appointing him, if

he is a district judge, the qualified district judge from his

Supreme Court judicial district, next in seniority, shall serve

as judge pro tem.

  (b)  Members of the Court shall serve without compensation, but

shall receive the allowance for expense permitted district judges

serving outside their districts.

  (c)  The prosecutors shall receive such fair and just

compensation as the respective division of the Court shall award

for service before that division.

  (d)  The Legislature shall appropriate such sums as may be

necessary to carry out the provisions of this Article.  

Section VII-B-6: Political activity prohibited.

  No Judicial Officer appointed or retained in office under the

provisions hereof shall make, directly or indirectly, any

contribution to or hold office in a political party or

organization. 

Section VII-A-7: Exclusive jurisdiction.

  No other court shall have jurisdiction to restrict or control

or review the orders of the Appellate Division of the Court on

the Judiciary and no court except the Appellate Division shall

have jurisdiction to restrict, control or review the orders of

the Trial Division.  District and Superior Courts shall, on

direction of the Division of the Court on the Judiciary, aid in

carrying out its procedure and mandates.  

Section VII-B-7: Effective date.

  This proposed amendment to the Constitution of the State of

Oklahoma as set forth herein shall be effective upon adoption and

shall become operative only and in the event the amendment of

Article VII of the Constitution proposed by House Joint

Resolution No. 508, of the First Session of the Thirty-first

Oklahoma Legislature, repealing the previously existing Article

VII of the Oklahoma Constitution and adopting in lieu thereof a

new Article VII of the Constitution is approved by the people.

Section VIII-1: Officers subject to impeachment - Grounds - Suspension from office upon felony conviction - Reinstatement - Temporary judges.

  The Governor and other elective state officers, including the

Justices of the Supreme Court, shall be liable and subject to

impeachment for wilful neglect of duty, corruption in office,

habitual drunkenness, incompetency, or any offense involving

moral turpitude committed while in office.  All elected state

officers, including Justices of the Supreme Court and Judges of

the Court of Criminal Appeals, shall be automatically suspended

from office upon their being declared guilty of a felony by a

court of competent jurisdiction and their pay and allowances,

otherwise payable to such official, shall be withheld during the

period of such suspension. In the event such verdict of guilty is

reversed by a court of competent jurisdiction on appeal, such

accumulated pay and allowances which have been withheld shall be

paid to such official and he shall be automatically reinstated in

office to serve the remaining part of the term for which he was

elected.  Such official shall not be entitled to any pay or

allowances for a period of time after the term of office would

otherwise have expired and he shall not be entitled to

reinstatement in office after the expiration of the term for

which he was elected.  Whenever any Justice of the Supreme Court

or Judge of the Court of Criminal Appeals is suspended by reasons

of this section, the Governor shall be authorized to appoint a

temporary Justice or Judge to serve during the period of such

suspension and such temporary Justice or Judge shall be paid for

his services the compensation allowed for such regular Justice or

Judge. 

Section VIII-2: Removal of officers not subject to impeachment.

  All elective officers, not liable to impeachment, shall be

subject to removal from office in such manner and for such causes

as may be provided by law.

Section VIII-3: Presiding officer in case of impeachment - Presentation of impeachment.

  When sitting as a Court of Impeachment, the Senate shall be

presided over by the Chief Justice, or if he is absent or

disqualified, then one of the Associate Justices of the Supreme

Court, to be selected by it, except in cases where all the

members of said court are absent or disqualified, or in cases of

impeachment of any Justice of the Supreme Court, then the Senate

shall elect one of its own members as a presiding officer for

such purpose.  The House of Representatives shall present all

impeachments.

Section VIII-4: Oath or affirmation - Number concurring.

  When the Senate is sitting as a Court of Impeachment, the

Senators shall be on oath, or affirmation, impartially to try the

party impeached, and no person shall be convicted without the

concurrence of two-thirds of the Senators present

Section VIII-5: Judgment of impeachment.

  Judgment of impeachment shall not extend beyond removal from

office, but this shall not prevent punishment of any such officer

on charges growing out of the same matter by the courts of the

State.

Section VIII-6: Necessary laws to be passed.

  The Legislature shall pass such laws as are necessary for

carrying into effect the provisions of this article.

Section IX-1: Corporation - Company - Charter - License.

  As used in this article, the term "corporation" or "company"

shall include all associations and joint stock companies having

any power or privileges, not possessed by individuals, and

exclude all municipal corporations and public institutions owned

or controlled by the State; the term "charter" shall mean the

charter of incorporation, by or under which any corporation is

formed.  The term "license" shall mean the authority under which

all foreign corporations are permitted to transact business in

this State.

Section IX-2: Rights as to construction of lines.

  Every railroad, oil pipe, car, express, telephone or telegraph

corporation or association organized or authorized to do a

transportation or transmission business under the laws of this

State for such purpose, shall, each respectively, have the right

to construct and operate its line between any points in this

State, and as such to connect at the State line with like lines;

and every such company shall have the right with its road or

line, to intersect, connect with, or cross any railroad or such

line.

Section IX-3: Receipt of cars, tonnage and passengers from other lines.

  Every railroad, car, or express company, shall each

respectively receive and transport without delay or

discrimination each other's cars, loaded or empty, tonnage, and

passengers, under such rules and regulations as may be prescribed

by law or any commission created by this Constitution or by act

of the Legislature, for that purpose.

Section IX-4: Oil pipe line companies - Regulation - Duties.

  All oil pipe companies shall be subject to the reasonable

control and regulation of the Corporation Commission, and shall

receive and transport each other's tonnage, or oils, or

commodities, under such rules and regulations as shall be

prescribed by law, or such commission.

Section IX-5: Telegraph and telephone companies - Exchange of messages - Physical All telephone and telegraph lines, operated for hire, shall each respectively, receive and transmit each other's messages without delay or discrimination, and make physical connections with each other's lines, under such rules and regulations as shall be prescribed by law, or by any commission created by this Constitution, or any act of the Legislature, for that purpose.

Section IX-6: Railroads as public highways - Offices - Meetings - Reports - Enforcement.

  Railroads heretofore constructed, or which may hereafter be

constructed in this State, are hereby declared public highways.

Every railroad or other public service corporation organized or

doing business in this State, under the laws or authority

thereof, shall have and maintain a public office or place in this

State, for the transaction of its business, where transfers of

stock shall be made, and where shall be kept, for inspection by

the stockholders of such corporation, books, in which shall be

recorded the amount of capital stock subscribed, the names of the

owners of stock, the amounts owned by them, respectively; the

amount of stock paid, and by whom; the transfer of said stock,

with the date of transfer; the amount of its assets and

liabilities, and the names and places of residence of its

officers, and such other matters required by law or by order of

the Corporation Commission.  The directors of every railroad

company, or other public service corporation, shall hold at least

one meeting annually in this State, public notice of which shall

be given thirty days previously, and the president or

superintendent of every railroad company and other public service

corporation organized or doing business in this State, under the

laws of this State, or the authority thereof, shall report

annually under oath, and make such other reports as may be

required by law or order of the Corporation Commission, to said

Commission, their acts and doings, which report shall include

such matters relating to railroads and other public service

corporations as may be prescribed by law.  The Legislature shall

pass all necessary laws enforcing, by suitable penalties, all the

provisions of this section.

Section IX-7: Movable property as personal property - Liability of property to execution.

  The rolling stock and all other movable property belonging to

any railroad, transportation, transmission, or other public

service corporation in this State, shall be considered personal

property, and its real and personal property, or any part

thereof, shall be liable to execution and sale in the same manner

as the property of individuals; and the Legislature shall pass no

laws exempting any such property from execution and sale.

Section IX-8: Consolidation of public service corporations - Common officer.

  No public service corporation, or the lessees, purchasers, or

managers thereof, shall consolidate the stock, property, or

franchises, of such corporation with, or lease or purchase the

works or franchises of, or in any way control, any other public

service corporation owning or having under its control a parallel

or competing line; except by enactment of the Legislature upon

the recommendation of the Corporation Commission:  Provided,

however, That the Legislature shall never enact any law

permitting any public service corporation, the lessees,

purchasers, or managers thereof when such public service

corporation is organized under the laws of any other State, or of

the United States, to consolidate the stock, property, or

franchises, of such corporation with, or lease, or purchase, the

works of, franchises of, or in any way control, any other public

service corporation, organized under the laws of any other State,

or of the United States, owning or having under its control in

this State a parallel or competing line; nor shall any officer of

such corporation act as an officer of any other corporation

owning or controlling a parallel or competing line.

Section IX-9: Sales and leases - Additional restrictions on consolidation.

  Upon the consent of the Corporation Commission in writing first

had and obtained, any foreign or domestic railroad transportation

or transmission company or corporation may lease, sell, or

otherwise dispose of its property and franchises to, or may

lease, buy, or otherwise acquire and operate the property and

franchises of any like Company or Corporation; provided, that the

Legislature may impose additional limitations or restrictions

upon the rights of any railroad company or transmission company

to consolidate.  

Section IX-10: Street railroads - Consent to construction and operation.

  No law shall be passed by the Legislature granting the right to

construct and operate a street railroad within any city, town, or

village, or upon any public highway, without first acquiring the

consent of the local authorities having control of the street or

highway proposed to be occupied by such street railroad

Section IX-11: Acceptance of provisions of Constitution.

  No railroad, transportation, transmission, or other public

service corporation in existence at the time of the adoption of

this Constitution, shall have the benefit of any future

legislation, except on condition of complete acceptance of all

the provisions of this Constitution, applicable to railroads,

transportation companies, transmission companies, and other

public service corporations:  Provided, That nothing herein shall

be construed as validating any charter which may be invalid, or

waiving any of the conditions contained in any charter.

Section IX-12: Transportation of railroad's own commodities.

  No railroad company shall transport, within this State, any

article or commodity manufactured, mined, or produced by it, or

under its authority, or which it may own, in whole or in part, or

in which it may have any interest, direct or indirect, except

such articles or commodities as may be necessary and intended for

its use in the conduct of its business as a common carrier.

Section IX-13: Free transportation of passengers.

  No railroad corporation or transportation company, or

transmission company shall, directly or indirectly, issue or give

any free frank or free ticket, free pass or other free

transportation, for any use, within this State, except to its

employees and their families, its officers, agents, surgeons,

physicians, and attorneys at law; to ministers of religion,

traveling secretaries for railroad Young Men's Christian

Associations, inmates of hospitals and charitable and

eleemosynary institutions and persons exclusively engaged in

charitable and eleemosynary work; to indigent, destitute and

homeless persons, and to such persons when transported by

charitable societies or hospitals, and the necessary agents

employed in such transportations; to inmates of the National

Homes, or State Homes for Disabled Volunteer Soldiers, and of

Soldiers' and Sailors' Homes, including those about to enter and

those returning home after discharge, and boards of managers of

such Homes; to members of volunteer fire departments and their

equipage, while traveling as such; to necessary caretakers of

live stock, poultry, and fruit; to employees of sleeping cars, of

express cars, and to linemen of telegraph and telephone

companies; to Railway Mail Service employees, postoffice

inspectors, customs inspectors, and immigration inspectors; to

newsboys on trains, baggage agents, witnesses attending any legal

investigation in which the railroad company or transportation

company is interested, persons injured in wrecks, and physicians

and nurses attending such persons:  Provided, That this provision

shall not be construed to prohibit the interchange of passes for

the officers, agents, and employees of common carriers and their

families; nor to prohibit any common carriers from carrying

passengers free with the object of providing relief in cases of

general epidemic, pestilence, or other calamitous visitation; nor

to prevent them from transporting, free of charge, to their

places of employment persons entering their service, and the

interchange of passes to that end; and any railroad,

transportation, or transmission company or any person, other than

the persons excepted in this provision, who grants or uses any

such free frank, free ticket, free pass, or free transportation

within this State, shall be deemed guilty of a crime, and the

Legislature shall provide proper penalties for the violation of

any provision of this section by the railroad or transportation

or transmission company, or by any individual:  Provided, That

nothing herein shall prevent the Legislature from extending these

provisions so as to exclude such free transportations or franks

from other persons.

Section IX-14: Repealed.

Section IX-15: Creation - Terms of office - Vacancies.

  A Corporation Commission is hereby created, to be composed of

three persons, who shall be elected by the people at a general

election for State officers, and their terms of office shall be

six years:  Provided, Corporation Commissioners first elected

under this Constitution shall hold office as follows:  One shall

serve until the second Monday in January, nineteen hundred and

nine; one until the second Monday in January, nineteen hundred

and eleven; and one until the second Monday in January nineteen

hundred and thirteen; their terms to be decided by lot

immediately after they shall have qualified.  In case of a

vacancy in said office, the Governor of the State shall fill such

vacancy by appointment until the next general election, when a

successor shall be elected to fill out any unexpired term.

Section IX-16: Qualifications of commissioners.

  The qualifications of such commissioners shall be as follows:

To be resident citizens of this State for over two years next

preceding the election, and qualified voters under the

Constitution and laws, and not less than thirty years of age; nor

shall such commissioners, or either of them, be, directly or

indirectly, interested in any railroad, street railway, traction

line, canal, steam boat, pipe line, car line, sleeping car line,

car association, express line, telephone or telegraph line,

operated for hire, in this State, or out of it, or any stock,

bond, mortgage, security, or earnings of any such railroad,

street railway, traction line, canal, steam boat, pipe line, car

line, sleeping car line, car association, express line, telephone

or telegraph line, compress or elevator companies; and if such

Commissioner shall voluntarily become so interested, his office

shall become vacant; and if any Corporation Commissioner shall

become so interested otherwise than voluntarily, he shall, within

a reasonable time, divest himself of such interest; and failing

to do this, his office shall become vacant.  Nor shall any such

commissioner hold any other office under the government of the

United States, or of this State, or any other state government,

and shall not, while such Commissioner, engage in any occupation

or business inconsistent with his duties as such commissioner.

Section IX-17: Oath of office - Additional oath.

  Before entering upon the duties of his office, each of said

commissioners shall take and subscribe to the oath of office as

prescribed in this Constitution and shall, in addition thereto,

swear that he is not, directly or indirectly, interested in any

railroad, street railway, traction line, canal, steam boat, pipe

line, car line, sleeping car line, car association, express line,

telephone or telegraph line, nor in the bonds, stocks, mortgages,

securities, contract or earnings of any railroad, street railway,

traction line, canal, steam boat, pipe line, car line, sleeping

car line, car association, express line, telephone or telegraph

line; and that he will, to the best of his ability, faithfully

and justly execute and enforce the provisions of this

Constitution, and all the laws of this State concerning

railroads, street railways, traction lines, canals, steam boats,

pipe lines, car lines, sleeping car lines, car associations,

express lines, telephone and telegraph lines, compress and

elevator companies, and all other corporations over which said

Commission has jurisdiction, which oath shall be filed with the

Secretary of State.

Section IX-18: Powers and duties - Notice before taking action - Process for witnesses - Authority of Legislature - Municipal powers.

    The Commission shall have the power and authority and be charged

with the duty of supervising, regulating and controlling all

transportation and transmission companies doing business in this

State, in all matters relating to the performance of their public

duties and their charges therefor, and of correcting abuses and

preventing unjust discrimination and extortion by such companies; and

to that end the Commission shall, from time to time, prescribe and

enforce against such companies, in the manner hereinafter authorized,

such rates, charges, classifications of traffic, and rules and

regulations, and shall require them to establish and maintain all

such public service, facilities, and conveniences as may be

reasonable and just, which said rates, charges, classifications,

rules, regulations, and requirements, the Commission may, from time

to time, alter or amend.  All rates, charges, classifications, rules

and regulations adopted, or acted upon, by any such company,

inconsistent with those prescribed by the commission, within the

scope of its authority, shall be unlawful and void.  The commission

shall also have the right, at all times, to inspect the books and

papers of all transportation and transmission companies doing

business in this State, and to require from such companies, from time

to time, special reports and statements, under oath, concerning their

business; it shall keep itself fully informed of the physical

condition of all the railroads of the State, as to the manner in

which they are operated, with reference to the security and

accommodation of the public, and shall, from time to time, make and

enforce such requirements, rules, and regulations as may be necessary

to prevent unjust or unreasonable discrimination and extortion by any

transportation or transmission company in favor of, or against any

person, locality, community, connecting line, or kind of traffic, in

the matter of car service, train or boat schedule, efficiency of

transportation, transmission, or otherwise, in connection with the

public duties of such company.  Before the Commission shall prescribe

or fix any rate, charge or classification of traffic, and before it

shall make any order, rule, regulation, or requirement directed

against any one or more companies by name, the company or companies

to be affected by such rate, charge, classification, order, rule,

regulation, or requirement, shall first be given, by the Commission,

at least ten days' notice of the time and place, when and where the

contemplated action in the premises will be considered and disposed

of, and shall be afforded a reasonable opportunity to introduce

evidence and to be heard thereon, to the end that justice may be

done, and shall have process to enforce the attendance of witnesses;

and before said Commission shall make or prescribe any general order,

rule, regulation, or requirement, not directed against any specific

company or companies by name, the contemplated general order, rule,

regulation, or requirement shall first be published one time in

substance in one or more of the newspapers of general circulation

published in the county in which the Capitol of this State may be

located, together with the notice of the time and place, when and

where the Commission will hear any objections which may be urged by

any person interested, against the proposed general order, rule,

regulation, or requirement; and every such general order, rule,

regulation, or requirement, made by the Commission, shall be

published at length, in the next annual report of the Commission.

The authority of the Commission (subject to review on appeal as

hereinafter provided) to prescribe rates, charges, and

classifications of traffic, for transportation and transmission

companies, shall, subject to regulation by law, be paramount; but its

authority to prescribe any other rules, regulations or requirements

for corporations or other persons shall be subject to the superior

authority of the Legislature to legislate thereon by general laws:

Provided, However, That nothing in this section shall impair the

rights which have heretofore been, or may hereafter be, conferred by

law upon the authorities of any city, town or county to prescribe

rules, regulations, or rates of charges to be observed by any public

service corporation in connection with any services performed by it

under a municipal or county franchise granted by such city, town, or

county, so far as such services may be wholly within the limits of

the city, town, or county granting the franchise.  Upon the request

of the parties interested, it shall be the duty of the Commission, as

far as possible, to effect, by mediation, the adjustment of claims,

and the settlement of controversies, between transportation or