CHAPTER 21.

HOUSE RESOLUTION NO. 3.

Appointment of Investigation Committee.

WHEREAS, it has been rumored that certain members of the Legislature have been guilty of irregular practices since their elec tion by the people of Oklahoma to serve as representatives of the people, in that some of the members of the House of Representatives have been instrumental in securing pardons and paroles for persons convicted of crime and sentenced to serve terms in the penitentiaries, of the State of Oklahoma, and

WHEREAS, certain members of the Legislature are reported to have made contracts with the State of Oklahoma, and

WHEREAS, certain members of the Legislature are reported to have been appointed and are now serving in the employ of the State of Oklahoma, other than as Representatives of the people elected to serve the Legislature, and

WHEREAS, it is reported that members of the family of certain members of the House of Representatives, are now and have been in the employ of the State of Oklahoma, and

WHEREAS, in justice to the members of the Legislature who are not guilty of these purported misdeeds, and the further fact that like "charity" house cleaning should begin at home;

NOW THEREFORE, BE IT RESOLVED by the House of Representatives of the Ninth Legislature, in special session assembled, that a committee of five (5) be appointed to make investigation of the rumors and reports, and that this committee of five be empowered to summon witnesses and compel their attendance, take testimony and act as an investigating committee for the purpose of either proving or disapproving (sic) the rumors and reports heretofore made.

BE IT FURTHER RESOLVED, that this committee be instructed to extend the investigation to cover all activities in connection with pardons and paroles, insurance, printing, road contracts, nepotism, employment and all other kindred subjects of any member of this House, whether in this or the previous administration.

Adopted by the House of Representatives October 15, 1923.

CHAPTER 22.

HOUSE RESOLUTION NO. 5.

Resolution Confirming Calls of Legislature.

A RESOLUTION confirming House Investigating and other Committees heretofore appointed at this Special Extraordinary Session.

WHEREAS, on the 20th day of September, 1923, a majority of the duly elected, authorized and acting members of the House of Representatives, issued a call for an extraordinary session of the House of Representatives to meet and act in its judicial or inquisitorial capacity, said call asking for said body to meet at the hall of Representatives in the Capitol Building in Oklahoma City at 12:00 noon on September 26th, 1923,

AND, WHEREAS, a majority of said House, about seventy in number, did convene pursuant to said call, and were denied admittance to said hall of representatives by an armed guard stationed at the front door of the hall of representatives, with orders from Governor J. C. Walton to prevent at all hazards, the entering into said hall of representatives by the members thereof,

AND, WHEREUPON, The said members proceeded to convene in the rotunda on the fourth floor of the Capitol Building, after which Colonel William S. Key interrupted the proceedings and stated that he had orders-military orders from the Governor, J. C. Walton, directing him as the officer in charge of the military forces of the State of Oklahoma, to disperse said Legislators, which order he read to those assembled, and he thereupon ordered the said Legislature to disperse,

AND, WHEREAS, the House of Representatives continued to meet and adjourn from day to day at the Skirvin Hotel in Oklahoma City until the 10th day of October, and then adjourned to meet at 9: o'clock October 11th at the Capitol Building in the House of Representatives.

AND, WHEREAS, on the second day of October, 1923 a general statewide election was held and the voters of Oklahoma enacted into law an initiative bill authorizing and empowering a majority of the members of the House of Representatives to issue a call convening the House of Representatives in special or extraordinary session in its inquisitorial or judicial capacity and convene the Senate at the same time, as a court of impeachment, both for the purpose of investigating the commission of impeachable offences by the officials of the State, subject to impeachment and of preferring impeachments against such as may be found to have committed impeachable offences, and to try the same before the Senate sitting as a court of impeachment, as provided in Article 8 of the Constitution of the State of Oklahoma, said call having been made by W. D. McBee, a member of the House of Representatives, after he had had the written request of a majority of the members of said House of Representatives, and setting the date for such convening at 12 noon on Wednesday, October 17th, 1923, all documentary evidence of such call being filed with the Secretary of State as a permanent record AND, WHEREAS, Governor J. C. Walton, having on the 6th day of October, 1923, issued his call convening the Legislature, recommending that certain subjects of legislation be taken up and considered, said call being set for 9 o'clock, Thursday, October 11th, 1923.

NOW THEREFORE BE IT RESOLVED, by the House of Representatives that this extraordinary session, which was convened as an inquisitorial and judicial body on the 26th day of September, 1923, merged into a legislative session at 9:00 o'clock A. M. on October 11th, 1923 and remains in session, is now convened under the call of the people in compliance with initiative bill heretofore referred to, and the call issued thereunder, and that this House considers itself in session under each and every one of the three calls heretofore made.

BE IT FURTHER RESOLVED, that the committees heretofore appointed by the Speaker be, and the same are hereby ratified, appointed and approved.

AND BE IT FURTHER RESOLVED that each and every act heretofore taken at this special or extraordinary session be, and the same is hereby ratified and approved.

Adopted by the House of Representatives October 17, 1923.

CHAPTER 23.

HOUSE RESOLUTION NO. 6.

Challenging Right of Members to Sit.

A RESOLUTION challenging the right of certain members to a seat in the House of Representatives.

WHEREAS, Article 5, Section 17 of the Constitution of the State of Oklahoma provides that:

"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."

AND WHEREAS, it appears that Representative H. L. Cloud elected from Kingfisher County; Representative W. E. Disney elected from Muskogee County; Representative Ira M. Finley elected from Beckham County; Representative L. E. Goodrich elected from Comanche County; Representative W. Perry Miller elected from Muskogee County; Representative L. E. Salter elected from Alfalfa County; Representative M. L. Smith elected from Osage County; Representative J. L. Watson elected from Sequoyah County; Representative L. E. Watkins elected from Grant County are not entitled to sit in the House in accordance with said Resolution;

BE IT RESOLVED, that the Speaker be authorized to appoint a committee to investigate and report to the House as to the eligibility of the above members to a seat in the house of Representatives of the Extraordinary Session of the Ninth Legislature, and

BE IT FURTHER RESOLVED that all further action of the House in investigation proceedings be withheld pending report to the House by this committee and final action thereon by the House of Representatives.

Adopted by the House of Representatives October 17, 1923.

CHAPTER 24.

HOUSE RESOLUTION NO. 10.

Attorney General-To Defend in Certain Cases.

A RESOLUTION requesting the Attorney General of the State of Oklahoma to appear and defend in the case of State of Oklahoma ex rel. J. C. Walton, Governor of the State of Oklahoma, et al., versus Ira Mitchell, Chairman of the State Election Board, et al., now pending in the District Court of Oklahoma County, State of Oklahoma.

WHEREAS, on the 3rd day of October, 1923, there was filed in the District Court of Oklahoma County, State of Oklahoma, by J. C. Walton, et al, against the State Election Board, a petition praying for a permanent injunction against said Election Board enjoining it as a board and the members thereof as individuals from certifying or attempting to certify, from canvassing or attempting to canvass and from making public declaration or return of the result of the special election of October 2nd, 1923, and,

WHEREAS, said District Court of Oklahoma County, State of Oklahoma, did on said date, October 3rd, 1923, grant a temporary restraining order against said State Election Board in accordance with the prayer of the petition above mentioned and did order a hearing upon the same for October 22nd, 1923, and

WHEREAS, said Court did on said October 22nd, 1923, for good cause shown, continue said hearing upon said petition for a permanent injunction to 9:00 o'clock in the forenoon of Monday, October 29th, 1923, and

WHEREAS, the result of said election and the legality thereof is a matter of grave and serious import to this House of Representatives and to the people of the State of Oklahoma, and

WHEREAS, it is a matter of the gravest importance that said

election should be declared in all things legal and effective;

BE IT THEREFORE RESOLVED, that the House of Representatives hereby requests the Attorney General of the State of Oklahoma to immediately appear on behalf of the defendants in said case and to make thorough preparation of the same and to use every effort to secure a final decision by a court of last resort sustaining the legality of said election.

Adopted by the House of Representatives October 24, 1923.

CHAPTER 25.

HOUSE RESOLUTION NO. 11.

Secretary of State Election Board-Returns of Special Election.

A RESOLUTION requesting the Secretary of the State Election Board to furnish to the House of Representatives certified copies of the certificates of returns of the Special Election held throughout the State on October 2nd, 1923, and providing for the making of such certified copies a part of the permanent record of the proceedings of the House of Representatives.

Section 1. WHEREAS, on the 2nd day of October, 1923, there was had and held a special election throughout the State of Oklahoma, at which election five (5) separate referendum measures and one initiative measure were voted upon by the electors of the State; and

WHEREAS, the House of Representatives has no record of the certificates of such election;

NOW THEREFORE, Be It Resolved By The House of Representatives, In Extraordinary Session Assembled, that the Secretary of the State Election Board be requested and directed to furnish and file with the Clerk of the House of Representatives a duly certified copy of the certificates of election returns, from the several county election boards of the several counties of the State, of the special election had and held thoughout the State of Oklahoma on the 2nd day of October, 1923, and that, upon the filing of the same with the Clerk of the said House of Representatives, the same be spread of record and printed at length in the Journal of the proceedings of the said House, and the said certified copy of the said election certificates of the various county election boards be retained as permanent records of the House of Representatives of Oklahoma.

Adopted by the House of Representatives October 24, 1923.

CHAPTER 26.

HOUSE RESOLUTION NO. 13.

Board of Managers-Amendment of Impeachment Charges Against J. C. Walton.

A RESOLUTION authorizing the Board of Managers to amend the Articles of Impeachment against J. C. Walton, and to take suck. action therewith as the Board may deem necessary.

WHEREAS, Articles of Impeachment against J. C. Walton have been voted by the House of Representatives of the State of Oklahoma, and have been presented to the Senate of the State of Oklahoma sitting as a Court of Impeachment, and a Board of Managers has been appointed by the House of Representatives to present and prosecute these articles of impeachment before the Senate sitting as a Court of Impeachment.

AND WHEREAS, it may be necessary to amend these articles of impeachment or to take other action therewith.

Therefore Be It Resolved, by the House of Representatives of the State of Oklahoma, that the Board of Managers appointed by the House of Representatives to present and prosecute the articles of impeachment against J. C. Walton before the Senate sitting as a Court of Impeachment, be and they hereby are authorized to amend said articles of impeachment and to take such action therewith as said Board of Managers may deem necessary and efficiently and effectively prosecute these articles of impeachment and to properly present them before the Senate of the State of Oklahoma, sitting as a Court of Impeachment.

Adopted by the House of Representatives October 31, 1923.

CHAPTER 27.

HOUSE RESOLUTION NO. 15.

Resolution Citing Murray F. Gibbons for Trial.

A RESOLUTION citing the Honorable Murray F. Gibbons, Representative from McClain County, for trial; setting forth grounds for his expulsion from membership in the House and declaring his seat vacant.

WHEREAS, a Committee composed of J. N. Voorhees, Jess Pullen, Price Thompson, W. J. Otjen, A. K. Berry, L. A. Eberhart (sic) and C. D. Lewis, were appointed by the Honorable Speaker of the House of Representatives pursuant to House Resolution No. 3, for