Legal Opinion

Frantz v. Autry

Supreme Court of Oklahoma

Decided June 25, 1907PublishedCited by 29 opinions

Error from Live Dstrict Court of Woods County; before John Tj. Pancoasi, Trial Judge. STATEMENT OF FACTS. On June 16, 1906, the congress of the United States passed an act entitled “An Act to Enable the People of Oklahoma and of the Indian 'Territory to Form a Constitution and State Government and be Admitted into the Union on an equal footing with the Original States,” U. S. Stats.

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Error from Live Dstrict Court of Woods County; before John Tj. Pancoasi, Trial Judge. STATEMENT OF FACTS. On June 16, 1906, the congress of the United States passed an act entitled “An Act to Enable the People of Oklahoma and of the Indian 'Territory to Form a Constitution and State Government and be Admitted into the Union on an equal footing with the Original States,” U. S. Stats. L. 59th Congress, chap. 3335. Under and in conformity with the provisions of this act, members of the constitutional convention were elected, and the convention was duly organized, W. H. Murray being elected its…

1Opinion of the Court

Opinion of the court by

Hainer, J.:

In compliance with the power granted in the enabling act, the people of Oklahoma and Indian Territory elected one hundred and twelve delegates, fifty-seven of whom were elected from the Territory of Oklahoma, and fifty-five of whom were elected from the Indian Territory. These delegates were invested with the power and charged with the duty and responsibility of forming a constitution and state government for the proposed state of Oklahoma.

THE FUNDAMENTAL RIGHTS AND POWERS OF THE CONVENTION.

The first question for our consideration is: What is a constitutional…

2Cases cited28 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  3. Mississippi v. JohnsonSupreme Court of the United States · 1867
  4. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  5. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876

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3Cited by29 opinions

  1. Threadgill v. Cross, Secretary of StateSupreme Court of Oklahoma · 1910
  2. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
  3. Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
  4. Coyle v. SmithSupreme Court of Oklahoma · 1911
  5. Board of Supervisors of Elections v. Attorney GeneralCourt of Appeals of Maryland · 1967

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