OKLAHOMA 889 



capital. It passed a law giving to the state supreme court exclusive original jurisdiction 

 in regard to the removal of the state capital or any state institution and declared 

 Oklahoma City the permanent seat of government and created a state capitol commis- 

 sion. On May 29, 1911 in Coyle v. Smith (221 U.S. 559) the Supreme Court of the 

 United States decided that after it has come into the Union a sovereign state cannot be 

 limited by conditions in the act " under which the new state came into the Union, which 

 would not be valid and effectual if the subject of Congressional legislation after admis- 

 sion " in other words that the state had the right to change its capital in spite of the 

 provision in the enabling act. An initiative petition for moving the capital back to 

 Guthrie was defeated in November 1912 by 103,106 to 86,549. 



The regular session of the third legislature was held from January 3 to March n, 1911. 

 It asked for a Federal Constitutional Convention to propose an amendment prohibiting 

 polygamy, and urged Congress to permit the sale of segregated coal and asphalt lands of the 

 Choctaw and Chickasaw Nations and to distribute among the Osage Indians the tribe's 

 mineral holdings. 



A revised code compiled by a commission appointed in 1909 was adopted in 1911. A 

 commission was appointed to promote uniform legislation in the different states and to 

 investigate especially laws in regard to marriage and divorce, insolvency, descent and 

 distribution of property, etc. A supreme court commission of six was appointed for two 

 years to relieve and assist the supreme court. 



A state flag was adopted with a red field and a white five pointed star with blue edges and 

 with "46" in the centre of the star to show that the state was the forty-sixth to be admitted 

 to the Union. The legislature appropriated $5,000 for a statue of Sequoyah (see E. B. 

 xiv, 482c) to represent Oklahoma in the statuary hall in the capitol at Washington, D. C.; 

 Mrs. Vinnie Ream Hoxie has been chosen as the sculptor. The I2th of October was made 

 a legal holiday as Columbus Day. The state department of labour was divided into four 

 bureaus: of statistics, of arbitration and conciliation, of free employment, and of factory 

 inspection. An act for the sanitation of bakeries and food stuff factories and the venti- 

 lation of all factories gives the factory inspector police powers and permits him to order 

 the repair of unsafe buildings. The office of state fire marshal was created. 



The state law l for enforcing the constitutional provision for the prohibition of the 

 sale of intoxicating liquors (adopted when the state came into the Union) was made more 

 strict, but the governor is authorised to regulate the sale of pure grain alcohol and of 

 denatured alcohol for medical and industrial purposes and to apothecaries who give a bond 

 of $i ,000 or more that none is to be used except for compounding prescriptions and medicines, 

 such as may be sold without paying a federal tax. The governor was authorised to establish 

 warehouses to handle orders for industrial alcohol. The possession in a place of business, 

 amusement or resort of more than one quart of intoxicating liquor with one half of I % 

 (or more) of alcohol, by volume, was made unlawful by this act, except for bonded apoth- 

 ecaries, druggists, etc.; and it was made unlawful to keep more than one gallon of intoxica- 

 ting liquor in one's residence. But these provisions were declared unconstitutional (119 

 Pacific Rep. 1019) by a court which pointed out that such possession might be made, by 

 statute, presumptive evidence of intent to violate the law. Transportation companies are 

 required to keep record of shipments of liquors and an original package containing intoxicat- 

 ing liquor may not be opened on the premises of the transportation company. 



Finance. The state banking law was amended in 1911 mostly in details in regard to the 

 depositors' guarantee fund. Provision was made for the issuing of $3,000,000 worth of 5% 

 public building fund bonds in 28 series. The United States Supreme Court on May 13, 

 1912 decided that the state could not tax lands belonging to Indians of less than half-blood. 

 It held the bank guarantee law (see E. B. xx, 6oc) constitutional (219 U. S. 104), and on 

 February 19, 1912, declared that the state law requiring a report of gross receipts of cor- 

 porations and taxing them was valid only for receipts from intra-state commerce. 



On December I, 1910, there was a balance in the treasury of $653,710. The total receipts 

 for the two years ending November 30, 1912 were $7,688,435 and the expenditures, $7,218,- 

 321, leaving a balance of $1,123,824. There is no bonded debt. 



Education. The state board of education was newly organised in 1911, to take over not 

 merely the work of the old board of education, but also that of the state text book commis- 

 sion, of the board of regents, of the industrial state boards, of the preparatory schools at 

 Tonkawa and Claremore and the boards controlling the state normal schools, the Oklahoma 

 industrial school for girls at Chickasha, the school of mines, the school for the deaf, the school 

 for the blind, the boys' training school, the orphans' home, the institution for the feeble- 

 minded, the deaf, blind and orphans' home for negroes, and the agricultural and normal 

 university for negroes, so that its work will be in the field of charity as well as education. 



1 On April 3, 1911, the U. S. Supreme Court declared that it was not called upon to enforce 

 the state prohibitory law. 



