CHAPTER XXVII
CONSTITUTION MAKING AND ADMISSION AS A STATE

    The election of delegates to the constitutional convention was held at the general elections on November 6, 1906. The results of the election were a matter of some surprise to the country outside of Oklahoma, where it was generally considered that Oklahoma was safely Republican. The inclusion of Indian Territory within the field of a national election introduced an unknown element, but even so the election of an overwhelming majority of Democratic delegates to the constitution was unlooked for. Out of the 112 delegates, only thirteen were Republican. By many it was considered that the Democratic landslide was a rebuke to what was often called the "carpet-bag government," and the long-range administration of affairs in the territory by the central government at Washington. Though it was though in advance that the Indian Territory might poll a large Democratic vote, as it turned out, there were more Republican delegates in the convention from the Indian Territory side than from Oklahoma.¹
   According to section 3 of the enabling

[Footnotes]
    ¹The 112 delegates to the constitutional convention, chosen in the general election of November 6, with the number of the district from which chosen, the political party represented, and the address of the delegates, follow in tabular form below:

Delegates to the Constitutional Convention.

District

1	T. O. James,	26	W. D. Jenkins, R., Guthrie
2	F. C. Tracy, D., Beaver	27	W.T.S. Hunte, D., Oklahoma City
3	Edward R. Williams	28	W. C. Hughes, D., Oklahoma City
4	H. P. Covey, R., Fargo	29	J. L. Mitch, D., Oklahoma City
5	O. E. McCance, D., Mutual	30	S. M. Ramsey, D., Tecumseh
6	Dr. G. N. Bilby, D., Alva	31	J. H. Maxey, D., Shawnee
7	J. C. Majors, D., Granton	32	I. B. Littleton, D., Earlsboro
8	George Wood, D., Cherokee	33	T. C. Wyatt, D., Annette
9	D. G. Harned, D., Ringwood	34	J. S. Buchanan, D., Norman
10	W. F. Hendricks, D, Wakita	35	J. K. Norton, D., Piedmont
11	C. H. Pitman, D., Enid	36	J. J. Carney, D., El Reno
12	J. A. Anderson, D., Pond Creek	37	M. T. Kane, D., Kingfisher
13	Charles L. Moore, D., Enid	38	T. D. Rice, D., HItchcock
14	A. H. Ellis, D., Orlando	39	C. C. Fisher, D., Hinton
15	D. S. Rose, D., Blackwell	40	H. Kelly, D., Minco
16	J. F. King, D. Newkirk	41	C. H. Bowers, D., Cement
17	H. S. Johnson, D., Perry	42	H. O. Tenor, D., Taloga
18	G. M. Berry, D., Pawnee	43	David Hogg, D., Grand
19	E. J. Newell, D., Yale	44	W. S. Deering, D., Clinton
20	J. E. Sater, R., Stillwater	45	J. B. Harrison, D., Sayre
21	R. E. Houston R., Ogra	46	F. E. Herring, D., Elk City
22	J. M. Sandlin, D., Prague	47	B. E. Bryant, D., Granite
23	H. L. Cloud, R., Wellston	48	J. J. Savage, D., McKnight
24	W. L. Helton, D., Marahall	49	Luke Roberts, D., Olustee
25	H. E. Asp, R., Guthrie	50	W. J. Caudill, D., Granite
		51	W. E. Banks, D., Hess
		52	J. B. Task, D., Hobart

 

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act, the delegates were to meet at the seat of government of Oklahoma territory on the second Tuesday following their election, form permanent organization, declare their adoption of the constitution of the United States, and then proceed to the formation of a state constitution. The Democrats being in full control, the election of the convention president was decided by caucus before the convention assembled. The factional skirmishing that preceded the election of the presiding officer was an incident of the politics of the time that can have no proper discussion here. The three principal candidates for the office were William H. Murray, of Tishomingo; W. C. Hughes, of Oklahoma City, and Pete Hanraty, of South McAlester, the last named being president of the twin-territory labor federation. At the caucus on Monday before the opening of the convention, Murray was chosen by 61 votes against 26 cast for Hanraty, and the latter was then given the vote by acclamation for vice-president.
    Brooks opera house in the city of Guthrie was the scene of the first day's proceedings of the convention, which was called to order at 2:30 o'clock on November 20, by Delegate Henry S. Johnston, of Perry. After the invocation by Rev. Frank Naylor, of Shawnee, J. S. King was chosen temporary chairman, and John M. Young, of Lawton, temporary secretary. Justice Burford, of the territorial supreme court, who as president of the Oklahoma City Commercial Club in 1890 had signed the call for the first statehood convention held in Oklahoma, administered the oath to the delegates.²
    For the election of a president of the

[Footnotes]

53	W. H. Edley, D. Fletcher	83	Wm. Cl. Leidkter, D., Eufaula
54	John M. Carr D., Frederick	84	D. M. Faulkner, D., Gans
55	G. M. Tucker, D., Comanche (I. T.)	85	S. O. Hays, D., Chickasha
56	T. J. Leahy, D., Pawhuska	86	Charles McClain, D., Purcell
57	J. J. Curl, D., Bartlesville	87	Carlton Weaver, D., Ada
58	W. D. Humphrey, D., Nowata	88	B. F. Harriosn, D., Newburg
59	W. H. Kornegay, D., Vinita	89	J. I. Wood, D., Scipio
60	D. P. Willis, D., Chelsea	90	Pete Hanraty, D., South McAlester
61	J. W. Swarts, D., Chelsea	91	N. P. Gardener, D., Styler
62	Riley Copeland, D., Fairland	92	E. T. Sorrells, D., Helton
63	J. K. Hill, D., Catoosa	93	R. J. Allen, D., Chickasha
64	C. V. Rogers, D., Claremore	94	Miles Lancaster, D., Pauls Valley
65	J. H. Langley, D., Pryor Creek	95	F. J. Stowe, Ind., Wynnewood
66	J. T. Edmondson, D., Mayesville	96	C. S. Leeper, D., Sapulpa
67	J.H.N. Cobb, R., Sapulpa	97	Boone Willialms, D., Lehigh
68	Nelson, Flowers, D., Tulsa	98	A. G. Cochran, D., Harshorne
69	W. T. Dalton, D., Broken Arrow	99	J. L. Lattimer, D., Wilburton
70	A. L. Husan, D., Coweta	100	C. C. Mathis, D., Monroe
71	J. A. Harris, R., Wagoner	101	Charn. JOnes, D., Ryan
72	A. S. Wiley, D., Tahlequah	102	L. J. Akers, D., Woodford
73	C. W. Board, Okmulgee	103	W. A. Ledbetter, D., Ardmore
74	W. A. Cain, R., Oktaha	104	W. H. Murray, D., Tishomingo
75	P. B. Hopkins, R., Muskogee	105	J. H. Chambers, D., Atoka
76	C. N. Haskell, D., Muskogee	106	J. C. Graham, D., Marietta
77	O.H.P. Brewer, D., Webber FAlls	107	G. A. Henshaw, D., Madill
78	W. N. Littlejohn, D., Bushy	108	R. L. Williams, D., Durant
79	W. B. Hudson, R., Henryetta	109	G. E. Parker, D., Bokoshe
80	N. G. Turk, R., Checotah	110	B. F. Lee, D., Hugo
81	M. H. Tate, R., Wewoka	111	S. J. Herndon, D., Idabel
82	Elf Nessenger, D., Holdenville

   ^{2"I do solemnly swear that I will support and}

 

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convention a rising vote was taken on the two candidates, 97 votes being cast for Murray, the caucus nominee of the Democrats, and 11 voters for Phillip B. Hopkins, of Muskogee, the Republican candidate. The other permanent officers chosen were Pete Hanraty, vice-president; W. A. Durant, sergeant-at-arms, and John M. Young, secretary.
    The constitutional convention, instead of completing its work in sixty days, as outlined in the enabling act, remained in session until March 5, 1907, and then took a recess until April 16th, at which time the members assembled and signed the document. Even then, no adjournment sine die was taken, but only till July 5, the day before the date fixed for the election at which the people were to vote on the constitution and for state officers.
    Probably no body of delegates gathered for the purpose of drafting the fundamental laws of the state was ever subjected to more criticism and abuse than the Oklahoma constitutional convention. Several reasons may be assigned for this—first, the convention was overwhelmingly Democratic, and the party hitherto in control of the territorial government was completely shut out from any participation in the making of the constitution; a natural bitterness consequently existed among the defeated, and was manifested in a persistent hostility to all the acts of the majority; secondly, the majority of those chosen for the task of constitution making were frankly progressive, if not radical, in their views on the powers and limitations of government. The entire nation at this time was undergoing a civic regeneration, as it were, and revising its opinions and seeking to make the powers of government keep pace with the rapid progress of modern industrialism and social conditions. The spirit of change was in the air, and the constitutional delegates, no less affected by it than people in other states, saw in their present task an opportunity to profit by the ideals of the new era and incorporate its fundamental principles in the constitution. As a matter of course, the efforts to do this were regarded with apprehension by the conservative element, and the provisions of the constitution that, on one side, were believed to be progressive and in keeping with modern conditions, were denounced; on the other side, as experimental and dangerously radical. And, finally, the eyes of the entire country were upon the convention, its actions were scrutinized and analyzed by critics in the east and west, north and south, and the reflex of public opinion was felt to a greater degree by this convention than any body of law makers has ever experienced.
    After the first draft of the constitution had been prepared and the constitution had taken a recess, the constitution was subjected to most merciless criticism, and every possible means employed to discredit it in the eyes of the people. During the spring and summer of 1907 it was almost impossible for a disinterested observer to discover what was the actual sentiment of the whole people, or how the constitution would be received when it came to a vote for ratification. The public press was, as a rule, thoroughly partisan, either defending the work of the convention as a whole, or bitterly hostile, and a calm and dis-[criminating]

[Footnotes]
defend the constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any natural reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God."

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[dis]criminating discussion of the constitution on its merits could not be found in the public print.
    A thorough review of the details of the campaign for and against the constitution cannot be attempted. One of the incidents, however, must be noticed because of the prominence it received in the newspaper accounts. By the terms of the enabling act, the constitution, after being drawn by the convention, was to be delivered to the territorial secretary, and, being thus officially sanctioned as the convention's work, the proclamation of the governor should issue calling an election to vote on the constitution. When the convention adjourned to another day, in April, President Murray retained the original constitution and refused to deliver it to the territorial secretary.³ This gave rise to numerous stories that went the rounds of the newspapers, and it was claimed that inasmuch as the constitution had never been officially filed, there was no constitution before the people for consideration and that the work of the convention was null and void.⁴

[Footnotes]
    ³For the reasons assigned for this action, see sketch of William H. Murray, volume II. [Page 470, Volume I contains Mr. Murray's biographical sketch, not Volume II.]
    ⁴May 2, 1907, at what was called a "Republican love feast," held in Oklahoma City and attended by the Republicans of all parts of the new state, the party expressed its disapproval of the withholding of the constitution by the chairman of the convention in the following resolutions, introduced by D. T. Flynn.
    "WHEREAS, First, pursuant to an enabling act passed by Congress, a constitutional convention for Oklahoma and Indian Territory has assembled and adjourned, giving out the general information that it has adopted a constitution for the admission of said territories into the Union as one state, and from rumor it is stated that said constitutional convention has fixed the 6th day of August, 1907, as the day upon which a vote of the people will be had to ratify or reject such constitution."
    Continuing, it was asserted that the election of officers for the new state had no official announcement beyond rumor, and that it was impossible to determine the exact provisions of the constitution.
    "Fourth, it is rumored and generally understood, that the result of the action of said constitutional convention has by order of such convention been turned over to the custody of one William Murray, who has taken the same from the seat of government and the seat of such convention to his home in Tishomingo, and is now in his private custody.
    "Fifth, in the enabling act assembling such convention it is by fair inference provided that the constitution adopted by such convention shall be filed with the secretary of Oklahoma Territory in a provision which requires him to deliver the original draft of such constitution to the state authorities when the same has been ratified by a vote of the people and the state admitted into the Union; and said convention has adjourned to the 5th of August, 1907, without providing for the filing of such draft of the constitution with the secretary of Oklahoma or in any public archive where the same may be verified and its contents made public by the proclamation calling an election for its ratification, and there being now, during the adjournment of said convention, no power to file the same, except the will of its custodian, and the governor of Oklahoma is powerless to issue a proclamation setting forth the terms and tenor of said constitution, calling an election of the people to vote upon the adoption or rejection of the same without the filing of such constitution in the archives of the territory.
    "Sixth, the withholding of the draft of the constitution from public inspection in the archives of the territory of Oklahoma or Indian Territory and placing the same in the exclusive possession of a member of the convention is substantially retaining the same possession of the convention for its further action if so desires. Such an instrument is now a completed document submitted to the consideration of the people.
    "Therefore, be it resolved: First, that there is no question or proposition pending before the public for their consideration and no offices provided for to be filled by an election and a call cannot now be made for the nomination of officers whose office has not been provided for.
    "Second, that the action of said convention in secretly withholding this draft of a constitution from public inspection is cowardly and violative of every principle of honest action in the interest of the public." The resolutions close with a recommendation that the Republican party take action to meet the peculiar conditions resulting from the alleged irregularities of the convention.

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    One of the most serious attacks made on the work of the constitutional convention was the injunction suit brought by Woods county against the constitutional convention. Under the provisions of the constitution, Woods county as it had existed under the territory was divided, and from its territory two new counties, Alfalfa and Major, were created. In the district court Woods county asked a restraining order preventing this division of the county, holding that the constitution had no right to form new counties. On May 13, 1907, Judge Pancoast, of the district court, granted this plea. The effect of the injunction was to upset the plans for statehood during the six weeks following the injunction. It delayed the proclamation for an election to ratify the constitution, and added to the general confusion attending the issues involved. It created much uncertainty among the people of Oklahoma, and the nation as well, as to whether Oklahoma had a constitution at all, whether the work of the convention was valid or might have to be done all over again.
    June 25, 1907, the injunction was dissolved by the territorial supreme court, in a majority opinion delivered by Justice B. T. Hainer. The court held that the constitutional convention did not exceed its authority in subdividing the counties, and that the enabling act also delegated to the convention power to create state officers and provide for their election, including state, county, township, legislative, judicial and senatorial, and in providing election machinery for the unorganized counties.
    The injunction order, having been dissolved on June 25, a call was then issued for the convention to reassemble on July 10. After the convention reconvened it adopted forty-three amendments to the original draft of the constitution.⁵ A new election ordinance was provided, and on

[Footnotes]
    ⁵One of the incidents connected with the making of the constitution was the writing of a letter by Mr. Murray to the president, in which he asks the opinion of the latter on the constitution as first formulated in the convention and requests an expression from the president which will serve to guide the convention in its revision of the constitution when the convention should reassemble. This letter, dated June 26, began as follows: "In view of the numerous criticisms through the Republican press of the constitution for the proposed state of Oklahoma, and the claim that certain provisions must be eliminated as the price of statehood, I address you," etc. Continuing Mr. Murray stated that the enabling act contained more restrictions on the constitutional convention than had ever been true of any previous convention engaged in similar labors, but, he said, notwithstanding the fact that the convention has accepted these restrictions in good faith, "the daily Republican press is filled with numerous criticisms to the effect that the legislative apportionment is an outrageous 'gerrymander,' and that other unnamed provisions of the constitution are repugnant to your idea of statecraft and that their elimination is the price of statehood. While we do not yield the point that a state, in the exercise of its police powers or in the adoption of its economic policies, is either expected or required to frame a constitution to suit either the executive or legislative branch of the United States, yet in view of the fact that the uncertainties of statehood have wrought injuries to the business interests of this state . . . . and believing . . . . that you would not purposely further delay the blessing of self-government, I respectfully request and solicit from you an expression upon the constitution. . . . Your expression of disapproval at this time would enable the convention to eliminate the objectionable provision, if any . . . "
    As to the "gerrymander," Mr. Murray said: "The charge 'gerrymander' is easily made, but never in framing the legislative districts (which in a measure was a guess, because of the rapid growth and increase in population of the different sections of the territory) did the minority of the convention make a request upon us."
    President Roosevelt's reply to this letter was brief, stating merely that the communication had been referred to the attorney general.

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July 22 a complete copy of the constitution and the election ordinance was filed with the secretary of the territory in accordance with the provisions of the enabling act.
    July 24, 1907, Governor Frantz issued his proclamation ⁶ calling an election on September 17 for the people of Oklahoma and Indian Territory to vote on the adoption of the constitution, on the adoption of

[Footnotes]
    ⁶Governor Frantz at 4 o'clock July 24, 1907, issued the election proclamation, which follows:
To the Public, Greetings:
    WHEREAS, pursuant to an act of Congress entitled "An act to enable the people of Oklahoma and of 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 of Arizona to form a constitution and state government and be admitted into the union on an equal footing with the original states," approved June 16, 1906, and hereinafter referred to as the enabling act, delegates were duly elected, and
    WHEREAS, said delegates so elected did on the second Tuesday after their said election, meet at the city of Guthrie, the seat of government of said Oklahoma Territory, and organize as a convention, and
    WHEREAS, after such organization said delegates, in convention assembled, did declare that they adopted the constitution of the United States on behalf of the people of the proposed state of Oklahoma, and
    WHEREAS, said constitutional convention did, by ordinance irrevocable, accept the terms and conditions of said enabling act, and
    WHEREAS, sad convention did thereupon form a constitution and state government for said proposed state of Oklahoma, and
    WHEREAS, in pursuance of a resolution of said convention, the said constitution of said proposed state of Oklahoma engrossed and enrolled upon parchment, signed by the officers of said convention and certain members thereof and attested by the secretary of the territory of Oklahoma under the great seal of said territory of Oklahoma, was on the 22d day of July, A. D. 1907, filed in the office of said secretary and is now on file in said office, and
    WHEREAS, said convention did, after said constitution and state government for said proposed state of Oklahoma had been so formed as aforesaid, provide by ordinance, as amended on the 15th day of July, A. D. 1907, 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 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 election of members of the legislature of said proposed state of Oklahoma and five representatives to Congress," for submitting said proposed constitution to the people of said proposed state and for its ratification or rejection at an election to be held at a time fixed in said amended ordinance, to-wit, on the 17th day of September, 1907, at which election the qualified voters for said proposed state shall vote directly for or against said proposed constitution and for or against any provision separately submitted, and
    WHEREAS, by said amended ordinance it is provided that, at said election, a separate provision adopted by said convention, that is to say, a proposition as to whether or not the manufacture, sale, barter, giving away or otherwise furnishing intoxicating liquors shall be prohibited in said proposed state for a period of twenty-one years from the date of its admission into the union, and thereafter until the people of the state shall otherwise provide by amendment of said constitution and proper state legislation, the said proposition being: "Shall the provisions for state-wide prohibition be adopted?" and
    WHEREAS, said amended ordinance, certified by the president and secretary of said convention, was on the 22nd day of July, A. D. 1907, filed in the office of the secretary of said territory of Oklahoma and is now on file in said office, and
    WHEREAS, section twenty-one (21) of said amended ordinance makes it the duty of the governor of the territory of Oklahoma to issue proclamation giving the public notice of the time and place of holding said election:
    Now, therefore, I, Frank Frantz, governor of the territory of Oklahoma by authority of said amended ordinance, do hereby make proclamation giving notice that the elections hereinbefore men-[tioned]

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prohibition as a separate provision, and for the election of officers. The Republican and Democratic parties put full tickets in the field, and the Socialist party had a partial ticket. The vote as finally canvassed and certified to the president of the United States by the canvassing board on October 8 was as follows:

CONSTITUTION

For.......................................................180,333
Against..................................................73,059

PROHIBITION

For........................................................130,361
Against..................................................112,258

GOVERNOR

Democratic...........................................134,162
Republican............................................106,507
Socialist......................................................9,740

    The results of the election of September 17th were certified to the president in October, and in the same month it was decided that the new state should be received into the union on November 16th following.
    The ceremonies of statehood day began in Washington, in the cabinet room of the president. Little formality attended the act. A number of Oklahoma citizens, several senators from other states, and newspaper correspondents were in the room when, at 10:16 o'clock, Secretary Loeb threw open the double doors leading from the president's private office. The secretary had the proclamation⁷ in his hand and laid it on the large square blotter at the

[Footnote]
[men]tioned and provided for will be held in each and all election and voting precincts in each and every county and district in and throughout the said proposed state of Oklahoma on Tuesday, the 17th day of September, A. D. 1907, at and between the hours of said day fixed by law, at which election the qualified electors for said proposed state of Oklahoma shall vote directly for or against the said proposed constitution, and for or against the separate provision, separately submitted as aforesaid, and for any and all of the elective officers for a full state government, state, district, county and township, and members of the legislature and representatives to Congress hereinbefore mentioned.
    In witness whereof, I have hereunto set my hand and caused the great seal of the territory of Oklahoma to be affixed thereto, at the city of Guthrie, county of Logan, territory of Oklahoma, this 24th day of July, A. D. 1907.

(Seal)

FRANK FRANTZ,
Governor of the Territory of Oklahoma.

          Attest:
       CHAS. H. FILSON,
          Secretary of Oklahoma Territory

    ⁷Following is the full text of the proclamation:
"By the President of the United States of America—A Proclamation:
      "WHEREAS, the Congress of the United States did by an act approved on the 16th day of June, one thousand nine hundred and six, provide that the inhabitants of the territory of Oklahoma and Indian Territory might, under and upon the conditions prescribed in said act, adopt a constitution and become the state of Oklahoma, and
     "WHEREAS, it appears from the information laid before me that such convention was duly elected and such constitution and state government were thereby duly formed, and
    "WHEREAS, by the said act the said convention was further authorized and empowered to provide by ordinance for submitting the said constitution to the people of the said state for ratification or rejection, and likewise for the ratification or rejection of any provisions thereof to be by the said convention separately submitted, and
    "WHEREAS, it has been certified to me, as required by the said act, by the governor of the territory of Oklahoma and by the judge senior in service of the United States court of appeals in the Indian Territory that a majority of the legal votes cast at an election duly provided for by ordinance, as required by said act, have been cast for adoption of said constitution, and
    "WHEREAS, a copy of the said constitution has been certified to me, as required by said act, together with the articles, propositions and ordinance pertaining thereto, including a separate proposition for state-wide prohibition which has been certified to me as having been adopted by a majority of the electors at the election aforesaid, and
    "WHEREAS, it appears from the information laid before me that the convention aforesaid after its organization and before the formation

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head of the table. The president entered, greeted those assembled, and took his seat at once. He was handed a long eagle quill pen⁸ and himself lifting the lid from the inkstand, dipped the pen and wrote his name in large letters, the pen making an audible scratch with each movement. When he had finished his signature the president picked up a small blotter, with which he blotted his name, and then, looking up, exclaimed, "Oklahoma is a state." The act of signing took just one minute, and the president then retired from the room, while the others hastened to communicate the news to the waiting crowds at the Oklahoma capital.
    The scenes and incidents of this memorable day at Guthrie can best be described from the columns of the Oklahoma State Capitol:
    "With solemn grandeur the youngest member of the Union was brought into being, at 9 o'clock yesterday morning, when the proclamation admitting Oklahoma and Indian Territory into the Union came hurtling over the wire from the national capital. Three hours later the new state officers had been sworn in and the new regime was fairly launched on its voyage.
    "The news of the signing of the constitution and issuing the presidential proclamation was received by a great demonstration of enthusiasm. Bells rang, whistles blew and people took occasion to show the feeling that imbued the great crowd.
    "The ceremony incident to administering the oath of Governor-elect Charles N. Haskell and the remaining state officers was carried out at the Carnegie Library on a wooden platform constructed over the steps at the south entrance.
    "For an hour before noon the street in front of the building was packed. Men, women and children stood patiently on the brick pavement waiting for the arrival of the governor's party. The steps, which are high above the sidewalk and street, were

[Footnotes]
of the said constitution duly declared on behalf of the people of the said proposed state that they adopted the constitution of the United States, and
    "WHEREAS, it appears that the said constitution and government of the proposed state of Oklahoma are republican in form and that the said constitution makes no distinction in civil or political rights on account of race or color, and is not repugnant to the constitution of the United States or to the principles of the declaration of independence, and that it contains all of the six provisions expressly required by section 3 of the said act to be therein contained; and
    "WHEREAS, it further appears from the information laid before me that the convention above mentioned did by ordinance irrevocable accept the terms and conditions of the said act, as required by section 22 thereof, and that all the provisions of the said act approved on the 16th day of June, one thousand nine hundred and six, have been duly complied with,
    "Now, therefore, I, Theodore Roosevelt, president of the United States of America, do, in accordance with the provisions of the said act of Congress of June 16, 1906, declare and announce that the result of the said election, wherein the constitution formed as aforesaid was submitted to the people of the proposed state of Oklahoma for ratification or rejection, was that the said constitution was ratified together with a provision for state-wide prohibition, separately submitted at the said election; and the state of Oklahoma is to be deemed admitted by Congress into the Union under and by virtue of the said act on an equal footing with the original states.
    "In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 16th day of November in the year of our Lord one thousand nine hundred and seven, and of the independence of the United States of America the one hundred and thirty-second.

"THEODORE ROOSEVELT.

"By the president: ELIHU ROOT, secretary of state."

    ^{8Taken from a large eagle killed in Oklahoma. Both the pen and the mounted eagle are now property of the Oklahoma Historical Society.}

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decorated with flags and on the platform rested two huge bouquets of chrysanthemums.
    "Mr. Haskell and escort and the other members of the administration to be reached the library a few minutes before twelve. They were escorted in the side entrance on the west. The crowd saw them come and let out a noisy welcome.
    "When Mr. Haskell appeared through the big doors on the platform a great shout went up from the thousand of throats below him. Coming from the darkened interior of the building the sunlight for a moment dazzled the governor-elect. He quickly lowered his head and as he blinked his eyes to shut out the sudden light he smiled at the moving mass of faces that stretched for a block below him. He bowed right and left, apparently delighted with the reception. After a few moments he stepped back into the crowd and Judge Frank Dale, chairman of the executive committee of the inaugural celebration, walked to the front of the stage.
    "In a few words he introduced Charles Filson, secretary of the territory of Oklahoma, who read the presidential proclamation. The crowd received the formal announcement of the creation of the state with the utmost good will.
    "When the applause had died down Judge Dale introduced C. G. Jones, of Oklahoma City, who, he explained, would propose marriage on behalf of Oklahoma to Miss Indian Territory.
    "The 'bridegroom,' not one whit abashed, took his place in the center of the platform and began his abbreviated wooing with a knowing nod in the direction of the spectators.
    "'I have been asked,' he said, ' to perform the agreeable duty of proposing the marriage of Oklahoma to Indian Territory. Permit me to say that nothing gives me greater pleasure, as the President advises us in his proclamation that the marriage will be strictly legal, without regard to age, condition or previous servitude. The bridegroom is only eighteen years old, but is capable of assuming all the matrimonial responsibilities of a stalwart youth. Though he was born in trouble, in tribulation, in the city of Washington in 1889, his life of eighteen years on the plains has been one of tremendous activity, and he has grown to the size of a giant. Like ever well-regulated masculine individual he has grown tired of being alone, though he was fairly capable of taking care of himself. Strange to say, on account of his youth and inexperience, he is possessed of an unconquerable modesty and he has asked me to propose marriage with the Indian Territory.
    ""Out of the sympathy for the young bachelor, I now propose to the Indian Territory, who I am assured is matrimonially inclined, that the proposal be accepted, and that the union be consummated here and now. It should be understood, however, that nothing should be said about the age of the bride. It is a case when youth and age are to be blended together in harmonious union, and that under the constitution and laws of divorce can ever be granted. This is not exactly a case of love at first sight. A lady be the name of Sequoyah at one time interfered with the courtship and at first tried to break up the match. But having failed to do so, and tired of the loneliness of single blessedness, she gracefully surrendered to the inevitable and has ever since been in favor of the marriage.
    "By authority vested in me by the high

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contracting parties, and in obedience to their request, I now call upon Rev. W. H. Dodson, of the first Baptist Church of Guthrie, to perform the marriage ceremony.'
    "The response for the blushing bride was made by W. A. Durant, of Durant, Indian Territory, a fullblood Indian. His formal acceptance was as follows:

    "To you Mr. Jones, as the representative of Mr. Oklahoma, I present the hand and the fortune of Miss Indian Territory, convinced by his eighteen years of persistent wooing that his love is genuine, his suit sincere and his purposes most honorable. With pride and pleasure I present to him Miss Indian Territory, who was reared as a politician orphan, tutored by federal office holders and controlled by an indifferent guardian residing a thousand miles from her habitation.
    "Despite these unhappy circumstances of her youth, which have cast a shade of sorrow over a face by nature intended to give back only the warm smiles of God's pure sunshine, this beauteous maiden comes to him as the last descendant of the proudest race that ever trod on American soil; a race whose sons have never bowed their necks to the heel of the oppressor; the original occupants of the American continent.
    "Although an orphan, Miss Indian Territory brings to her spouse a dower that, in fertile fields, productive mines and sterling and upright citizenship, equals the fortune of her wooer. To Oklahoma, into whose identity Indian Territory is about to be merged forever, must be entrusted the care of this princely estate. We resign it to yu freely in the confident hope that it will be cared for, developed and conserved to the unending glory of ournew state and the untold benefit of her people.
    "Oklahoma, your wooing has been long and persistent. For eighteen weary years you have sought the hand of our fair maiden in wedlock. If the object of your suit has at times seemed indifferent, believe it to have been but evidence of a maiden's proper modesty and not a shrinking from the union.
    "In winning the hand, you take with it the heart. Your bride comes to you without coercion or persuasion, as the loving maiden confidently places her hand in that of her husband of her choice. The love she bears for you, as the love you feel for her, arises from kindred interests, mutual aspirations and an unbounded admiration, one for the other.'

    "Until she stepped to the front to accept the hand of her finance the identity of the bride was known to but few. She was Mrs. Leo Bennett, of Muskogee, a bewilderingly handsome matron, whose Creek lineage is evidenced in a dark complesion, heightened by the bloom of perfect health.
    "As she came slowly forward to the front of the platform the crowd gallantly shouted an acknowledgement. With a huge chrysanthemum the young woman shaded her eyes as she looked out over the crowd. She smiled and bowed again and again as the applause continued.
    "Then the Rev. Mr. Dodson offered a fervent prayer on the union and the formal marriage of 'twin territories' was consummated.
    "Following the picturesque feature, Judge Dale raised his hand for silence as Mr. Haskell and Leslie G. Niblack, a Guthrie newspaper man, stepped forward

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simultaneously. Facing Mr. Haskell, with one hand uplifted, and open bible held in the other, Mr. Niblack, recently commissioned a notary public, administered the oath and immediately afterwards Governor Haskell signed the official papers.
    "Mr. Haskell then delivered his address, taking about forty-five minutes to read it in his characteristic slow and distinct manner. The delivery was punctuated by bursts of applause as the sentiment in the words struck home.
    "The first official act of Governor Haskell was the appointment of Robert L. Owen, of Muskogee, and Thomas P. Gore, of Lawton, United States senators from Oklahoma. This ceremony was performed so that the new state would not be without representation during the period before the meeting of the first legislature which will elect the two men, chosen at the recent state primaries.

    " 'I take great pleasure in conferring on these two gentlemen the honor of representing the new state in the upper house of the national Congress,' said the governor, as he turned to where the gentlemen were standing.
    "Cries of 'Owen,' 'Gore,' 'Owen,' went up from the enthusiastic crowd. Mr. Gore stepped forward and bowed his head. Suddenly a great silence fell on the spectators. There was something grand, yet pathetically human, in the sightless eyes that swept over the panorama below with the slow grace of the born orator.
    " 'My friends,' he said, 'I cannot express to you the pleasure I have. I extend to you the most sincere congratulations that you are now full fledged citizens. Mr. Owen and my self are proud to be your servants. We are proud to do your will and we will endeavor to do it always and well.'
    "The conclusion of the brief talk was met with a demonstration of enthusiasm. Then Mr. Owen stepped forward.
    " 'I rejoice as an Indian from the Indian Territory that our restrictions are about to be removed,' he said. 'I rejoice I will have the opportunity to represent you. I will try to be a good and faithful servant (cries of "good," "we know it"). I want to say that I will represent Republicans as well as Democrats (cries of "you'll do"). I want to thank you for your vote of confidence and when my term ends I want nothing better than to hear your approbation.'

    "In behalf of Oklahoma City formal congratulations were tendered Mr. Haskell by H. Y. Thompson, who in a short speech presented the governor with a bouquet of chrysanthemums.
    "Immediately following, C. H. Pittman, delegate to the constitutional convention, in behalf of the women of Enid, in the name of Mrs. R. W. Johnson, presented Mr. Haskell with a similar cluster of chrysanthemums.
    " 'I give the twentieth century flower to the twentieth century governor of a twentieth century state,' he said. And the crowd yelled.
   "The oaths were administered by Mr. Niblack to Lieutenant-Governor George W. Bellamy, the members of the supreme court, John B. Turner, R. L. Williams, Jesse J. Dunn, S. W. Hayes and M. J. Kane, and two of the three members of the corporation commission, Jack Love and A. P. Watson. The remaining officers, Auditor Ed. Trapp, Treasurer James A. Menefee,

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Examiner, C. A. Taylor, Mine Inspector Peter Hanraty, Insurance Commissioner T. J. McComb, Labor Commissioner C. A. Daugherty, Charities Commissioner Kate Barnard, Superintendent Cameron and Supreme Clerk W. H. L. Campbell, were sworn in by J. D. Burke, a notary public, a former president of the Logan county commissioners.
    "The last thing before the parade began to form the march to the barbecue grounds, Sidney Clarke, of Oklahoma City, presented to the state a picture of Captain Payne, the noted pioneer. Mr. Clarke is one of the original statehood boomers of Oklahoma."
    The Oklahoms state constitution is published in the appendix to this volume.