of said Session Laws to the public shall not exceed $3.00 per volume. Adopted by the Senate March 31, 1923. Adopted by the House of Representatives March 31, 1923. CHAPTER 286. HOUSE CONCURRENT RESOLUTION NO. 3. Building Material. A CONCURRENT resolution appointing a joint committee of the House and Senate to investigate into the prices of lumber, cement and other building material in this state, and report its findings to their respective bodies. Building Material-Prices. Section 1. WHEREAS, United States Senator Robert L. Owen, in his address to the joint Assembly on January 10th, stated that the prices of cement and other building material were exhorbitant and a wholly unjust, and unreasonable profit was being made on sale of same; and, WHEREAS, the cost of all building material, including cement, is very closely related to the building of homes of the people of this State and affects almost every industry and avocation in the State; and, WHEREAS, a high and exhorbitant price for lumber, building material, and cement, tends to and prevents the building of homes and the general prosperity of the people; NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that a committee of three (3) be appointed by the House of Representatives, and a committee of three (3) by the Senate, to be known as a Joint Committee on investigation of prices of building material, and this Joint Committee shall have full authority to summon witnesses from any portion of the State it deems advisable, administer oaths, and take such testimony as it may desire, and to do all things necessary to be done to carry out the purpose of this Resolution and make full report of its findings to their respective bodies. Emergency. Section 2. It being immediately necessary for the public peace, health and safety, an emergency is declared to exist by reason of this Act, and shall take effect and shall be in full force as soon as it is passed and approved. Passed by the House of Representatives January 12, 1923. Passed by the Senate January 16, 1923. CHAPTER 287. HOUSE CONCURRENT RESOLUTION NO. 15. Esch-Cummings Bill. MEMORALIZING Congress as to the Repeal of the Esch-Cummings Act. WHEREAS, The Esch-Cummings Act to regulate the railroads by permitting railway managers to fix their salaries and employ an unlimited number of expensive attorneys, and assistants at fabulous salaries with no restriction whatsoever upon extravagant and reckless management, and, WHEREAS, The law provides a specific guarantee of profit to the stockholders and owners upon all its watered and highly inflated stock whether such railway profits are misrepresented or not, and, WHEREAS, The effect of the law has been primarily to set aside any state law or regulation governing railways and centralizing the power at Washington and practically nullifying the splendid progressive laws in the State of Oklahoma and other States, thereby tending to largely increase freight and passenger rates to the detriment of the public, NOW, THEREFORE BE IT RESOLVED, By the Oklahoma House of Representatives, of the State of Oklahoma, the Senate concurring, that we petition Congress to repeal the Esch-Cummings Act especially that part known as Section 15 A, which among other things takes away and nullifies the Acts of our State Corporation Commission and sets aside our laws, and, BE IT FURTHER RESOLVED, That a duly certified copy of these resolutions be sent to all members of Congress from the State of Oklahoma and to the Speaker of the House of Representatives and the President of the Senate. Adopted by the House of Representatives March 12, 1923. Approved March 23, 1923. CHAPTER 288. HOUSE CONCURRENT RESOLUTION NO. 18. Amendment to Constitution. A RESOLUTION authorizing the submission of a proposed amendment to the constitution to the people for their approval or rejection, for the purpose of amending Section 9 of Article 10, providing for a special state levy for public schools. BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE NINTH LEGISLATURE OF THE STATE OF OKLAHOMA IN REGULAR SESSION ASSEMBLED : That the State Election Board is hereby instructed to prepare and submit to the voters of this State for their adoption or rejection at the next general or special election the following proposed amendment to Section 9, Article 10, of the Constitution of the State of Oklahoma to read as follows: Amendment. Section 9. Except as herein otherwise provided, the total taxes, on an ad valorem basis, for all purposes, State, County, Township, City or Town, and the School District Taxes, shall not exceed in any one year thirty-one and one-half (31 1-2) mills on the dollar, to be divided as follows: State levy, not more than three and one-half mills; County levy, not more than eight mills; provided, that any county may levy not exceeding two mills additional for aid to the common schools of the county, and the aid to said common schools shall be apportioned as provided by law; township levy, not more than five mills; city or town levy, not more than ten mills; school district levy not more than five (5) mills on the dollar for school district purposes, for support of common schools. Provided that the aforesaid annual rate for school purposes may be increased by any school district by an amount not to exceed ten mills on the dollar valuation, on condition that a majority of the voters thereof voting at an election vote for said increase. Provided further, that a State levy, on an ad valorem basis, sufficient to provide for a fund equal to at least Fifteen Dollars $15.00) per child per annum in average daily attendance shall be made by the State Board of Equalization, and the total taxes for all purposes and maximum State levy of three and one-half (3 1-2) mills may be exceeded for this purpose only. From the fund there shall be annually apportioned by the State Treasurer to the various counties upon recommendation of the State Superintendent as to attendance, a sum equal to Fifteen Dollars ($15.00) per child in average daily attendance during the preceding fiscal year and the County Treasurer shall apportion this fund to the several districts on the same basis. No money shall ever be appropriated out of this fund for any other purpose. Adopted by the House of Representatives March 31, 1923. Approved April 6, 1923. CHAPTER 289. SENATE RESOLUTION NO. 1. Memorial for M. M. Ryan. WHEREAS, on Friday, January 5th, 1923, at Ft. Smith, Arkansas, Ex-Senator M. M. Ryan, of Spiro, Le Flore County, departed this life; and WHEREAS, he had served his county in various capacities as an educator and as a County Official; and, WHEREAS, he had been for a term a distinguished and honorable member of this Body, reflecting honor and credit to his constitutents; and, WHEREAS, his life and citizenship in this State is worthy of emulation; THEREFORE, BE IT RESOLVED, that this Senate profoundly regrets the loss of Ex-Senator M. M. Ryan, and expresses its appreciation of the honorable and active public service he rendered this State in the years when he was a member of this Body; BE IT FURTHER RESOLVED, that a copy of these resolutions be printed in the Senate Journal, and a copy sent to the bereaved wife and children. Passed by the Senate January 11, 1923. CHAPTER 290. SENATE RESOLUTION NO. 2. A Tribute to Senator S. Morton Rutherford, Deceased. No man has ever written anything of another, either in prose or in verse, under stress of emotions of joy or sorrow, who has not written himself into every line. To do otherwise is to destroy the very heart of a tribute-to take the soul out of an eulogy. Our lips are poor ministers of our hearts on this occasion; a deep emotion is circuited by a meager scope when tethered to the spoken word. The pool of sorrow stored in the heart's deep well is not reached by the buckets we lower of human speech. It were a profanation of the sweetest flower the soul can bloom, could we coin into language and give to common gaze that which only sorrow may see. The death of Senator S. M. Rutherford appalled his friends. The little child, who has looked on life as an infinite and wondrous variety of beauty, change and emotion, cannot understand why the dead mother does not yield it her caress, nor can we, grim with the experience of life, reason why this splendid man, foremost citizen, brilliant lawyer, eloquent advocate, loyal friend and welcome companion in the social life of men and affairs, is dumb to speech, cold to heartaches, unstirring to the outcry and marble to our tears. His life was a continual warfare, but his victorious arms brought to camp only captive friends and trophies of affection. Wholly without malice, revenge, envy or hate, his anger like a lightning stroke came through an April shower. He sent forgiveness with his anathema and hurled his threat from an open and velveted hand. The sting and bitterness of death is in the sudden and awful separation; in the reach of hand to find it closed upon an empty palm; to imagine the foot fall along these halls, within this Senate Chamber, when all echo has deserted them, and Silence with finger on its mute lips, stands warder, guarding his old and favorite haunts. The pitted forces, in this Senatorial arena, in expectancy may listen, but no more the lion like gladiator shall fling his challenging gauntlet down. His versatility was remarkable; his powers of description graphic, his opinions just. In his bearing, there was an urbanity of manner which charmed his companions; in his discourse, a poetry of expression which almost glowed into verse. President, "Noscitur a sociis" is a maxim as true in ethics as in law. Judged by this maxim, this mature and splendid statesman was only unfortunate in his untimely death. He had "won golden opinions from all sorts of men". His associates in this Senate Chamber with one accord. honor his memory and grieve for his loss. With Mr. affectionate zeal they stamp his character and his ability with the seal of their love and respect. To his political promises he was constant as the polar star. By his friends, through calm and storm, he stood like the granite hills. He knew his people; the people knew him. And now he sleeps in the breast of the State he loved and served so well. And here there was love for the citizen and praise for the Senator, and here the memory of his worth will long outlive the generation which cherishes it. Adopted by the Senate January 11, 1923. CHAPTER 291. SENATE RESOLUTION NO. 3. Acoustical Defects of Senate Chamber. TO THE PRESIDENT OF THE SENATE AND MEMBERS OF THE NINTH LEGISLATURE: WHEREAS, We, your Committee, appointed and directed to investigate and report to the Senate Body the result of our investigations concerning the correction of the acoustical defects in the Senate Chamber, do hereby certify and report that we have carefully and considerately investigated the acoustical defects and conditions, and have conferred with competent and experienced engineers who have submitted formal proposal for the correction of these acoustical defents; and, whereas, the Johns-Manville Company, by its engineers, do propose to correct said defects within a reasonable time for the sum of Seven Thousand Four Hundred Twenty ($7,420.00) Dollars, which your said Committee considers to be a reasonable charge for such work and correction; and, we therefore recommend that the Senate accept this proposal at once, and have the acoustical defects corrected at the earliest possible moment; BE IT THEREFORE RESOLVED, by the Senate of the State of Oklahoma, that an Emergency exists whereby it is necessary for the acoustical defects of the Senate Chamber to be corrected at once for the best interests of the Senators, and in conducting the business of the State; and BE IT FURTHER RESOLVED, that the bid of the Johns-Manville Company is a reasonable and equitable charge for the correction contemplated; and BE IT FURTHER RESOLVED, that the Committee on State and Legislative Affairs be and they are hereby authorized and directed to accept and approve the said bid of the said Johns-Manville Company for the sum of Seven Thousand Four Hundred Twenty ($7,420.00) Dollars and the said Johns-Manville Company are hereby authorized and directed to immediately begin work to correct the acoustical defects of the Senate Chamber; and on completion of the said work by the said Johns-Manville Company and the acceptance thereof by the said Committee, that said Company file with the Secretary of the Senate their claim in the amount herein stipulated and agreed upon for the work so performed. Adopted by the Senate January 25, 1923. |