Imagini ale paginilor
PDF
ePub

cases where the offense charged is within the jurisdiction of the county court or any other court or tribunal inferior to said court.

When the county judge is disqualified in any case pending in the county court, a judge pro tempore may be selected in the manner provided for the selection of judges protempore in the district court.

Sec. 13. The county court shall have the general jurisdiction of a probate court. It shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards; grant letters testamentary and of administration, settle accounts of executors, administrators, and guardians; transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkard, including the sale, settlement, partition, and distribution of the estates thereof. The county court shall be held at the county seat, but the legislature may provide for holding sessions of the county court at not more than two additional places in the county: Provided, That alternate sessions of county court in Le Flore County shall be held at Talihina.

Sec. 14. Until otherwise provided by law, the county court shall have jurisdiction of all cases on appeals from judgments of the justices of the peace in civil and criminal cases; and in all cases. civil and criminal, appealed from justices of the peace to such county court, there shall be a trial de novo on questions of both law and fact.

Sec. 15. Appeals and proceedings in error shall be taken from the judgments of county courts direct to the supreme court, in all cases appealed from justices of the peace, and in all criminal cases of which the county court is vested with jurisdiction, and in all civil cases originally brought in the county court, in the same manner and by like proceedings as appeals are taken to the supreme court from the judgments of the district court.

Sec. 16. Until otherwise provided by law, in all cases arising under the probate jurisdiction of the county court, appeals may be taken from the judgments of the county court to the district court of the county in the same manner as is now provided by the laws of the Territory of Oklahoma for appeals from probate court to the district court, and in all cases, appealed from the county court to the district court, the cause shall be tried de novo in the district court upon questions of both law and fact.

Sec. 17. County courts shall also have and exercise the jurisdiction of examining and committing magistrates in all criminal cases.

Sec. 18. The office of justice of the peace is hereby created, and, until otherwise provided by law, courts of justices of the peace shall have, co-extensive with the county, jurisdiction as examining and committing magistrates in all felony cases, and shall have jurisdiction, concurrent with the county court, in civil cases where the amount involved does not exceed two hundred dollars, exclusive of interest and costs, and concurrent jurisdiction with the county court in all misdemeanor cases in which the punishment does not exceed a fine of two hundred dollars or imprisonment in the county jail for not exceeding thirty days, or both such fine and imprisonment; but justices of the peace shall in no event have jurisdiction in actions for libel and slander. Until otherwise provided by law, appeals shall be allowed from judgments of the court of justices of the peace in all civil and criminal cases to the county court to the manner now provided by the laws of the Territory of Oklahoma governing appeals from the courts of justices of the peace to the district court. In cities of more than two thousand and five hundred inhabitants. two justices of the peace shall be elected.

Sec. 19. All judges of courts of this state, and justices of the peace. shall, by virtue of their office, be conservators of the peace throughout the State.

The style of all writs and processes shall be "The State of Oklahoma." All prosecutions shall be carried on in the name and by the authority of

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][subsumed][subsumed]

the State of Oklahoma.

All indictments, informations, and complaints

snall conclude, "Against the peace and dignity of the State."

Sec. 20. In all issues of fact joined in any court, all parties may waive the right to have the same determined by jury; in which case the finding of the judge, upon the facts, shall have the force and effect of a verdict by jury.

Sec. 21. In all jury trials, the jury shall return a general verdict, and no law in force, nor any law hereafter enacted, shall require the court to direct the jury to make findings on particular questions of fact; but the court may, in its discretion, direct such special findings.

[blocks in formation]

Sec. 22. The State is hereby divided into five supreme court judicial districts, numbered respectively, One to Five, inclusive, and is sub-divided into twenty-one district court judicial districts, numbered respectively, One to Twenty-one, inclusive; and all such judicial districts shall be and Demain until changed as provided in this constitution.

Sec. 23. Of the supreme court judicial districts, number One shall embrace the First, Second, Third, and Fourth District Court judicial districts; number Two shall embrace the Fifth, Sixth, Seventh, and Eighth district court judicial districts; number Three shall embrace the Ninth, Tenth, Eleventh, Twelfth, and Twenty-first district court judicial districts; number Four shall embrance the Thirteenth, Fourteenth, Fifteenth, and Sixteenth district court districts, and number Five shall em-brace the Seventeenth, Eighteenth, Nineteenth, and Twentieth district court judicial districts.

Sec. 24. Of the district court judicial districts, number One shall comprise the counties of Adair, Cherokee, Delaware, and Sequoyah; number Two, the counties of Craig, Mayes, Nowata, Ottawa, Rogers, and Washington; number Three, the counties of Muskogee and Wagoner; number Four, the counties of McIntosh and Pittsburg; number Five, the counties of Haskell, Latimer, Le Flore, and Pushmataha; number Six, the counties of Bryan, Choctaw, Marshall, and McCurtain; number Seven, the counties of Atoka, Coal, Johnston, Pontotoc, and Seminole; number Eight, the counties of Carter and Love; number Nine, the counties of Hughes, Creek, Okfuskee, and Okmulgee; number Ten, the counties of Lincoln and Pottawatomie; number Eleven, the counties of Kingfisher and Logan; number Twelve, the counties of Grant, Kay and Noble; number Thirteen, the counties of Canadian and Oklahoma, with two judges; number Fourteen, the counties of Cleveland, Garvin, McClain and Murray; number Fifteen, the counties of Caddo, Grady, Jefferson, and Stephens; number Sixteen, the counties of Comanche, Jackson, and Tillman; number Seventeen, the counties of Blaine, Custer, Kiowa, and Washita; number Eighteen, the counties of Beckham, Dewey, Ellis, Greer, and Roger Mills; number Nineteen, the counties of Beaver, Cimarron, Harper, Texas, Woods, and Woodward; number Twenty, the counties of Alfalfa, Garfield, and Major; number Twenty-one, the counties of Osage, Payne, Pawnee, and Tulsa.

Sec. 25: The terms of the district court shall be held at the county seat of the respective counties.

ARTICLE VIII.

IMPEACHMENT AND

REMOVAL FROM OFFICE

Section 1. The governor and other elective State officers, including the justices of the supreme court, shall be liable and subject to impeach

ment for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office.

Sec. 2. All elective officers, not liable to impeachment, shall be subject to removal from office in such manner and for such causes as may be provided by law.

Sec. 3. When sitting as a court of impeachment, the senate shall be presided over by the chief justice, or if he be absent or disqualified, then one of the associate justices of the supreme court, to be selected by it, except in cases where all the members of said court are absent or disqualified, or in cases of impeachment of any justice of the supreme court, then the senate shall elect one of its own members as a presiding officer all for such purpose. The house of representatives shall present all impeachments.

Sec. 4. When the senate is sitting as a court of impeachment, the senators shall be on oath, or affirmation, impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the senators present.

Sec. 5. Judgment of impeachment shall not extend beyond removal from office, but this shall not prevent punishment of any such officer on charges growing out of the same matter by the courts of the State. Sec. 6. The legislature shall pass such laws as are necessary carrying into effect the provisions of this article.

for

ARTICLE IX.

CORPORATIONS.

DEFINITION.

Section 1. As used in this article, the term "corporation" or" company" shall include all associations and joint stock companies having any power or privileges not possessed by individuals, and exclude all municipal corporations and public institutions owned or controlled by the State; the term "charter" shall mean the charter of incorporation, by or under which any corporation is formed. The term "license" shall mean the authority under which all foreign corporations are permitted to transact business in this State.

RAILROAD AND PUBLIC SERVICE CORPORATIONS.

Sec. 2. Every railroad, oil-pipe, car, express, telephone or telegraph corporation or association organized or authorized to do a transportation or transmission business under the laws of this State for such purpose, shall, each respectively, have the right to construct and operate its line between any points in this State, and as such to connect at the State line with like lines; and every such company shall have the right with its road or line, to intersect, connect with, or cross any railroad or

such line.

Sec. 3. Every railroad, car, or express company, shall each respectively receive and transport without delay or discrimination each other's cars, loaded or empty, tonnage, and passengers, under such rules and regulations as may be prescribed by law or any commission created by this constitution or by act of the legislature, for that purpose.

Sec. 4. All oil pipe companies shall be subject to the reasonable control and regulation of the corporation commission, and shall receive and transport each other's tonnage or oils, or commodities, under such rules and regulations as shall be prescribed by law, or such commission.

« ÎnapoiContinuă »