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Schedule, Oklahoma Constitution

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Oklahoma Constitution
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Articles
PreambleIIIIIIIVVVIVIIVIIAVIIBVIIIIXXXIXIIXIIAXIIIXIIIAXIIIBXIVXVXVIXVIIXVIIIXIXXXXXIXXIIXXIIIXXIVXXVXXVIXXVIIIXXIXSchedule
Schedule of the Oklahoma Constitution consists of a preamble followed by 43 sections.

Preamble

Text of Preamble:

In order that no inconveniences may arise by reason of a change from the forms of government now existing in Indian Territory and in the Territory of Oklahoma, it is hereby declared as follows:

Section 1

Text of Section 1:

Existing Rights, Actions, Proceedings, Contracts, Claims, and Processes

No existing rights, actions, suits, proceedings, contracts, or claims shall be affected by the change in the forms of government, but all shall continue as if no change in the forms of government had taken place. And all processes which may have been issued previous to the admission of the State into the Union under the authority of the Territory of Oklahoma or under the authority of the laws in force in the Indian Territory shall be as valid as if issued in the name of the State.

Section 2

Text of Section 2:

Laws of the Territory of Oklahoma – Extended and to Remain in Force

All laws in force in the Territory of Oklahoma at the time of the admission of the State into the Union, which are not repugnant to this Constitution, and which are not locally inapplicable, shall be extended to and remain in force in the State of Oklahoma until they expire by their own limitation or are altered or repealed by law.

Section 3

Text of Section 3:

Debts, Fines, Penalties and Forfeitures Accruing to the Territory of Oklahoma

All debts, fines, penalties, and forfeitures which have accrued or may hereafter accrue to the Territory of Oklahoma shall inure to the State of Oklahoma, and may be sued for and recovered by the State.

Section 4

Text of Section 4:

Constitution Takes Effect and Force - When

This Constitution shall take effect and be in full force immediately upon the admission of the State into the Union.

Section 5

Text of Section 5:

Notaries Public - Continuation of Duties of Office

Until otherwise provided by law, notaries public appointed under the laws of the Territory of Oklahoma, or under the authority of the laws heretofore in force in the Indian Territory, may continue to exercise and perform the duties of the office of notary public until the expiration of their commissions: Provided, That any notary public appointed in the Indian Territory for any district, or in the Territory of Oklahoma for any county, shall, after this Constitution takes effect, exercise the powers, privileges, and rights of a notary public only of the county formed in whole or in part out of the district or county for which such person is a notary public, and in which such person resides at the time the State is admitted into the Union; but before any such notary public, except notaries public for those counties in the Territory of Oklahoma, the boundaries of which have not been changed by the Constitution, shall exercise the powers, privileges, and rights of a notary public of such county, he shall have filed in the office of the county clerk of the county in which he resides his commission as notary public and an affidavit stating that he is a resident of such county, whereupon he shall become a notary public for such county.

Section 6

Text of Section 6:

Female Persons as Notaries - Females Eligible to Office of County Superintendent of Public Instruction

The appointments of female persons as notaries public, heretofore made by the Governor of Oklahoma, and by the United States courts for the Indian Territory, and by the judges of said courts, are hereby confirmed and made valid, and all official acts of such notaries public heretofore performed are hereby validated, in so far as the acts of such notaries public may be affected by any ineligibility of such persons to appointment as notaries public. Female persons possessing the other qualifications prescribed by law shall be eligible to the office of notary public and of County Superintendent of Public Instruction.

Section 7

Text of Section 7:

Property, Credits, Claims, and Choses in Action Belonging to Territory of Oklahoma

All property, real and personal, credits, claims, and choses in action, belonging to the Territory of Oklahoma at the time the State is admitted into the Union, shall be vested in and become the property of the State of Oklahoma.

Section 8

Text of Section 8:

Judgments and Property Records in Indian Territory and Osage Reservation Effectual to Impart Notice

All judgments and records of deeds, mortgages, liens, and other instruments, filed or recorded, affecting the title to real and personal property in the Indian Territory and Osage Indian Reservation, are hereby made as effectual to impart notice and for all other purposes under the laws of the Territory of Oklahoma extended in force in the State, as they were under the laws heretofore in force in the Indian Territory and Osage Indian Reservation.

Section 9

Text of Section 9:

Judgments and Property Records of Oklahoma Territory Effectual to Impart Notice

All judgments and records of deeds, mortgages, liens, and other instruments, filed or recorded, affecting title to real and personal property in new counties that have been created out of the territory of any county or counties of the Territory of Oklahoma or out of the territory of any county or counties of the Territory of Oklahoma and of any recording district or districts of the Indian Territory, are hereby made as effectual to impart notice and for all other purposes under the laws of the Territory of Oklahoma, extended in force in the State, as the same would have been if no changes had been made by the provisions of this Constitution in the boundaries of the counties as they existed in the Territory of Oklahoma, or of the boundaries of the recording districts as they existed in the Indian Territory.

Section 10

Text of Section 10:

Continued Corporate Existence of Cities and Towns - Officers - Ordinances

Until otherwise provided by law, incorporated cities and towns, heretofore incorporated under the laws in force in the Territory of Oklahoma or in the Indian Territory, shall continue their corporate existence under the laws extended in force in the State, and all officers of such municipal corporations at the time of the admission of the State into the Union shall perform the duties of their respective offices under the laws extended in force in the State, until their successors are elected and qualified in the manner that is or may be provided by law: Provided, That all valid ordinances now in force in such incorporated cities and towns shall continue in force until altered, amended, or repealed.

Section 11

Text of Section 11:

Taxes Assessed or Due in Incorporated Cities and Towns

All taxes assessed or due to incorporated cities and towns in the Indian Territory, and all taxes levied by such incorporated cities and towns for the year nineteen hundred and seven shall, until otherwise provided by law, be levied and collected in the same manner as now provided by law in force in the Indian Territory, and under the laws and ordinances now in force in such municipal corporations.

Section 12

Text of Section 12:

Local Improvements and Public Buildings Being Made or Constructed in Indian Territory

In all incorporated cities and towns in the Indian Territory, all local improvements or public buildings in process of being made or constructed under the laws in force in the Indian Territory, or for which proceedings having been commenced under such laws at the time of the admission of the State into the Union, shall be completed under said laws, and said laws are hereby extended in force as to such improvements or public buildings until such local improvements or public buildings are completed and paid for, as by such laws provided.

Section 13

Text of Section 13:

Congressional Acts Concerning Mining - Chief Mine Inspector to Perform Duties of Oil Inspector

The Act of Congress entitled "An Act for the protection of the Lives of Miners in the Territories," approved March 3, 1891, and the Act of Congress entitled "An Act to Amend an Act Entitled 'An Act for the Protection of the Lives of Miners in the Territories,' " approved July 1, 1902, are hereby extended to and over the State of Oklahoma until otherwise provided by law: Provided, That the words, Governor of the State are hereby substituted for the words, "Governor of such organized territory," and for the words "Secretary of Interior," wherever the same appear in said Acts, and the words, Chief Mine Inspector, for the words, "Mine Inspector," wherever the same appear in said Acts. The Chief Mine Inspector shall also perform the duties required by laws of the Territory of Oklahoma of the Territorial Oil Inspector until otherwise provided by law.

Section 14

Text of Section 14:

Licensure of Dental Surgeons

Until otherwise provided by law, all dental surgeons licensed to practice in the Territory of Oklahoma and all dental surgeons who were residents of the Indian Territory on the sixteenth day of June, nineteen hundred and six, and also all graduates of some reputable school or college of dental surgery, shall be eligible and be licensed to practice in the State without examination.

Section 15

Text of Section 15:

Compensation of Certain State Officers

Until otherwise provided by law, the officers of the State shall receive annually as compensation for their services, the following sums:

The Governor, four thousand, five hundred dollars; Lieutenant Governor, one thousand dollars; Secretary of State, two thousand, five hundred dollars; Attorney General, four thousand dollars; State Treasurer, three thousand dollars; State Auditor, two thousand, five hundred dollars; State Examiner and Inspector, three thousand dollars; Chief Mine Inspector, three thousand dollars; Labor Commissioner, two thousand dollars; Commissioner of Charities and Corrections, one thousand, five hundred dollars; Corporation Commissioners, four thousand dollars each; Superintendent of Public Instruction, two thousand, five hundred dollars; the Insurance Commissioner, two thousand, five hundred dollars.

Section 16

Text of Section 16:

Salaries of Supreme Court Justices and Judges of District Court

The salary of the Justices of the Supreme Court of the State shall be four thousand dollars per annum, each, and that of the judges of the District Court, three thousand dollars per annum, each, until changed by the Legislature.

Section 17

Text of Section 17:

Compensation of Other State Officers

The members of the Board of Agriculture, Bank Commissioner, Clerk of the Supreme Court, and all other State officers, except as herein provided, or such as may be created, and all clerks and assistants, shall receive such compensation for their services as may be provided by law.

Section 18

Text of Section 18:

Terms, Duties, Powers, Qualifications, and Compensation of County and Township Officers

Until otherwise provided by law, the terms, duties, powers, qualifications, and salary and compensation of all county and township officers, not otherwise provided by this Constitution, shall be as now provided by the laws of the Territory of Oklahoma for like named officers, and the duties and compensation of the probate judge under such laws shall devolve upon and belong to the judge of the county court: Provided, That the term of office of those elected at the time of the adoption of this Constitution, or first appointed under the provisions of the laws extended in force in the State, shall expire on the second Monday of January in the year nineteen hundred and eleven: And Provided Further, That county attorneys and judges of the county court of the several counties of the State, having a population of more than twenty thousand shall be paid a salary of two thousand dollars per annum; and of counties having a population of more than thirty thousand, a salary of twenty-five hundred dollars per annum; and of counties having a population of more than forty thousand, a salary of three thousand dollars per annum; such salaries to be paid in the same manner as is provided by law in force in the Territory of Oklahoma for the payment of salaries to county attorneys.

Section 19

Text of Section 19:

Boards of Regents of Certain Colleges, Schools, and Universities

Until otherwise provided by law, the boards of regents of the University of Oklahoma, of the Agricultural and Mechanical College, of the Normal schools now established, of the University Preparatory School, and of the Colored Agricultural and Normal University, shall continue to hold their offices and exercise the functions thereof until their successors are elected or appointed and qualified.

Section 20

Text of Section 20:

Division of Property, Assets and Liabilities Among Existing and New Counties

The Legislature shall provide by general, special, or local law for the equitable division of the property, assets, and liabilities of any county existing in the Territory of Oklahoma between such county and any new county or counties created in whole or in part out of the territory of such county.

Section 21

Text of Section 21:

Property, Credits, Claims, Choses in Action, and Liabilities of Day County

All property, real and personal, and credits, claims, and choses in action, belonging to the county of Day at the time of the admission of the State into the Union, shall be vested in and become the property of the County of Ellis: Provided, The Legislature shall provide, by general, special, or local law, for the equitable division of the assets of Day County, thus transferred to Ellis County, and of the liabilities of Day County, between the Counties of Roger Mills and Ellis.

Section 22

Text of Section 22:

Procurement, Sufficiency, and Necessity of Official Seals

The Clerk of the Supreme Court shall procure a seal and cause such inscription to be placed thereon as may be prescribed by the Supreme Court. Each clerk of the District Court shall procure a seal, and, under the direction of the Judge of the District Court, cause to be inscribed thereon the style of his office and the name of his County. Each County Clerk, County Treasurer, Register of Deeds, County Surveyor, and County Superintendent of Public Instruction, shall procure a seal, and, under the direction of the County Judge, cause to be inscribed thereon the style of his office and the name of his county. Said seals shall be sufficient and used for all lawful purposes until otherwise provided by law: Provided, That, until any of such officers shall have procured a seal, the signature of any such officer shall be sufficient for all purposes without a seal.

Section 23

Text of Section 23:

Transfer of Books, Records, Papers of County Probate Courts

When this Constitution shall go into effect, the books, records, papers, and proceedings of the probate court in each county, and all causes and matters of administration and guardianship, and other matters pending therein, shall be transferred to the county court of such county, except of Day County, which shall be transferred to the county court of Ellis County, and the county courts of the respective counties shall proceed to final decree or judgment, order, or other termination in the said several matters and causes as the said probate court might have done if this Constitution had not been adopted. The District Court of any county, the successor of the United States Court for the Indian Territory, in each of the counties formed in whole or in part in the Indian Territory, shall transfer to the county court of such county all matters, proceedings, records, books, papers, and documents appertaining to all causes or proceedings relating to estates: Provided, That the Legislature may provide for the transfer of any of said matters and causes to another county than herein prescribed.

Section 24

Text of Section 24:

Seal of Probate Courts and County Courts

Until otherwise provided by law, the seal of the probate courts in the counties of the Territory of Oklahoma shall be the seal of the county courts, and in that part of the State heretofore comprising the Indian Territory and Osage Indian Reservation, and in the new counties created in the Territory of Oklahoma, until the county court shall have procured a proper seal, the signature of the county judge shall be sufficient for all purposes without a seal.

Section 25

Text of Section 25:

Indebtedness of County, City, or Other Municipality

Any county, city, incorporated town, township, board of education, school district, or other municipality, either in the Territory of Oklahoma or the Indian Territory, that shall owe, at the time of the admission of the State into the Union, any indebtedness, evidenced by warrants, script, or other evidence of indebtedness, is authorized, through the proper officers thereof, to make provision for the payment of, and to pay, such indebtedness, either by tax levy or by issuing bonds in lieu thereof, in accordance with and under the provision of the laws extended in force in the State: Provided, That the limitation upon the amount of indebtedness that may be created by any county, city, incorporated town, township, board of education, school district, or other municipality, and upon the amount of taxes that may be levied by any county, city, incorporated town, township, board of education, school district, or other municipality, under the provisions of this Constitution, or of law, shall not apply to the indebtedness, the levying of taxes, and the issuing of bonds provided for herein.

Section 26

Text of Section 26:

Transfer of Papers, Records, Proceedings, and Seal to Supreme Court of State

All cases, civil and criminal, pending, upon the admission of the State into the Union, in the Supreme Court of the Territory of Oklahoma, on appeal or writ of error from the district or probate courts of any county or subdivision within the limits of the State, and the papers, records, proceedings, and seal of said court shall be transferred to the Supreme Court of the State, except as is otherwise provided in the Enabling Act of Congress. And all cases, civil and criminal, pending, on the admission of the State into the Union, in the United States Court of Appeals, for the Indian Territory, and the papers, records, and proceedings of said court, shall be transferred to the Supreme Court of the State, except as is otherwise provided by the Enabling Act of Congress and the amendments thereto.

Section 27

Text of Section 27:

Transfer of Cases from District Court of the Territory to District Courts of the State

All cases, civil and criminal, pending, at the time of the admission of the State into the Union, in the District Courts of the Territory of Oklahoma, in any county within the district, and the records, papers, and proceedings of said District Court, and the seal and other property appertaining thereto, shall be transferred into the District Court of the State for such county, except as is provided in the Enabling Act of Congress, and all cases, civil and criminal, pending, at the time of the admission of the State into the Union, in the United States Court for the Indian Territory, within the limits of any county created in whole or in part within the limits of what was heretofore the Indian Territory, and all records, papers, and proceedings of said United States Courts for the Indian Territory, and the seal and other property appertaining thereto, shall be transferred to the District Court of the State for such county, except as is provided in the Enabling Act of Congress and the amendments thereto: Provided, That the Legislature may provide for the transfer of any such cases from one county to another county.

Section 28

Text of Section 28:

Amendment of Enabling Act Accepted

The terms and provisions of an Act of Congress, entitled "An Act to Amend Section Sixteen, Seventeen and Twenty, of an Act Entitled 'An Act to Enable the People of Oklahoma and Indian Territory to form a Constitution and State government and be admitted into the Union on an equal footing with the original states; and to enable the people of New Mexico and Arizona to form a Constitution and State government and be admitted into the Union on an equal footing with the original states,' " are hereby accepted, and the jurisdiction of the cases enumerated therein is hereby assumed by the Courts of the State.

Section 29

Text of Section 29:

Eligibility to Be Elected Judge of District Court

Any person who shall be a qualified elector of any county of a judicial district at the time of the election held to ratify this Constitution, and who shall, in all other respects, be eligible under the provisions of the Constitution, to be elected judge of the District Court of such district, shall be eligible to be elected judge of the District Court of such district at the first election held for the election of State officers.

Section 30

Text of Section 30:

Eligibility to Be Elected to State Office

Any person who shall have been a resident of the territory within the limits of the State for a period of one year next preceding the date on which the election for the ratification of the Constitution is held, and who shall otherwise be eligible, under the provisions of this Constitution, to be elected to any State office, shall be eligible to be elected to any such State office at the first election held for the election of State officers.

Section 31

Text of Section 31:

Osage County – Taxation – Assessments, Tax Books, Records, Collections

The assessment of property in the Osage Indian Reservation for the year nineteen hundred and seven, by the authorities of Pawnee County, shall be the assessment of Osage County for the year nineteen hundred and seven, and the proper authorities of Pawnee County shall levy a tax on the property of the Osage Indian Reservation for the year nineteen hundred and seven, as now provided by law, and immediately upon the admission of the State into the Union, the county treasurer of Pawnee County shall turn over to the county treasurer of Osage County the tax books and records of taxes in the Osage Indian Reservation, so made for the year nineteen hundred and seven, and the treasurer of Osage County shall proceed and have the authority to receive all such taxes in the Osage Indian Reservation for the year nineteen hundred and seven, and such taxes shall be collected and enforced in the manner provided by law. And there shall also be collected, in addition to the tax so levied by the authorities of Pawnee County, a county school tax of ten mills on the dollar of the assessed valuation, and the same shall be and become the property of said Osage County: Provided, That out of the funds so collected, the county treasurer of Osage County shall pay to the county treasurer of Pawnee County the cost and expenses of making such assessment and the levying of such taxes.

Section 32

Text of Section 32:

New and Existing School Districts - Equitable Division of Property, Assets and Liabilities

The Legislature shall provide by general, special, or local law for the equitable division of the property, assets, and liabilities of any school district existing in the Territory of Oklahoma between such school district and any new school district created in whole or in part of the territory of any such school district, as may be affected by a change in the county boundaries under this Constitution.

Section 33

Text of Section 33:

Licensed Attorneys - Eligibility to Practice without Examination

All attorneys-at-law licensed to practice in any court of record of the Territory of Oklahoma, or in any of the United States Courts for the Indian Territory, or any court of record of any of the Five Civilized Tribes, shall be eligible to practice in any court of the State without examination.

Section 34

Text of Section 34:

Newspapers Entitled to Publish Legal Notices, Advertisements, Etc.

Until otherwise provided by law, any newspaper, published at the time of the admission of the State into the Union, in any new county, created in whole or in part out of the territory of any county of Oklahoma Territory, or in any county, created in whole or in part, out of territory within the limits of the Indian Territory or Osage Indian Reservation, shall, under the laws extended in force in the State, be considered, in law, to have been published continuously for fifty-two weeks in said county and shall be a newspaper entitled to publish all legal notices, advertisements, or publications of any kind required or provided by any law of the State.

Section 35

Text of Section 35:

Debts of Constitutional Convention - Expenses of Holding Ratification Election

All debts and indebtedness, authorized to be incurred by the Constitutional Convention of the proposed State of Oklahoma, and all expenses of holding the election for the ratification or rejection of this Constitution and for the election of officers of a full state government, which shall remain unpaid after the appropriation made by the Congress of the United States has been exhausted, are hereby assumed by the State; and it is hereby made the duty of the Legislature, at its first session, to provide for the payment of same: Provided, That the debts and indebtedness, the payment of which is hereby assumed by the State, shall not include any debt or expense as a salary or compensation of the delegates of the Constitutional Convention.

Section 36

Text of Section 36:

Ordinance of Constitutional Convention – Ratification and Validity

The Ordinance adopted by the Constitutional Convention, entitled, "An Ordinance, providing for an election, at which the proposed Constitution for the proposed State of Oklahoma, shall be submitted to the people thereof for ratification or rejection, and submitting separately to the people of the proposed State of Oklahoma the proposed prohibition article, making substantially the terms of the Enabling Act uniformly applicable to the entire State, for ratification or rejection, and for the election of certain State, district, county and township officers provided for by said proposed Constitution, and for the election of members of the Legislature of said proposed State of Oklahoma and for five Representatives to Congress," is hereby ratified and shall be valid for all the purposes thereof.

Section 37

Text of Section 37:

Illegal or Invalid Indebtedness Not Legalized or Made Valid

Nothing in this Constitution contained shall legalize or make valid any illegal or invalid indebtedness of any county, city, incorporated town, township, board of education, school district, or other municipality, either in the Territory of Oklahoma or the Indian Territory, or impair any defense against the payment of the same.

Section 38

Text of Section 38:

Jurisdiction to Make Equitable Division of County Property, Assets, and Liabilities

Should the first session of the Legislature, provided by this Constitution, fail to provide for the division of the property, assets and liabilities of any county existing in the Territory of Oklahoma between such county and any county or counties created in whole or in part out of such county, original jurisdiction is hereby conferred upon the Supreme Court to make equitable division of such property, assets and liabilities, and for the purpose of hearing and receiving evidence and reporting findings of law and fact may appoint a special Master in Chancery in any such case.

Section 39

Text of Section 39:

Superintendents of Public Instruction in Indian Territory and Osage Reservation

The qualifications prescribed by the laws of Oklahoma shall not apply to Superintendents of Public Instruction, elected at the time of the ratification of this Constitution, in the Indian Territory, and Osage Indian Reservation.

Section 40

Text of Section 40:

Terms of Officers of State Government

The terms of all officers of the State government elected at the time of the adoption of this Constitution shall begin upon the admission of the State into the Union.

Section 41

Text of Section 41:

Qualification of Constitutional Officers – Oath and Bond

All persons elected at the time of the adoption of this Constitution to any of the offices provided under the Constitution shall be deemed to have duly qualified upon their taking the oath of office before any officer authorized by law to administer oaths, and executing such bond as may be required by law.

Section 42

Text of Section 42:

Officers Elected at Time of Adoption of Constitution - Official Bonds

All officers elected at the time of the adoption of the Constitution shall execute such official bond as may then be required by law or thereafter required by act of the Legislature; and such bonds shall inure to the benefit of the State or other beneficiary, for whose protection or security the same shall be required.

Section 43

Text of Section 43:

Filing and Preservation of Constitution - Secretary of State

When this Constitution shall have been ratified by the people of the State of Oklahoma and the State admitted into the Federal Union, under the same, as engrossed on parchment and signed by the officers and members of this Constitutional Convention, it shall be filed in the office of the Secretary of State and sacredly preserved by him, as the fundamental law of the State of Oklahoma.

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