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University Microfilms, Inc., Ann Arbor, Michigan Copyright by GEORGE JOSEPH MAUER 1964 the UNIVERSITY of OKLAHOMA This dissertation has been 64-13,331 microfilmed exactly as received MAUER, George Joseph, 1932- POLITICAL EQUALITY AND LEGISLATIVE APPORTIONMENT IN OKLAHOMA, 1907-1964. The University of Oklahoma, Ph.D., 1964 Political Science, general University Microfilms, Inc., Ann Arbor, Michigan Copyright by GEORGE JOSEPH MAUER 1964 THE UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE POLITICAL EQUALITY AND LEGISLATIVE APPORTIONMENT IN OKLAHOMA, 1907-1964 A DISSERTATION SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY BY GEORGE JOSEPH MAUER Norman, Oklahoma 1964 POLITICAL EQUALITY AND LEGISLATIVE APPORTIONMENT IN OKLAHOMA, 1907-19&4 r-vL^u& DISSERTATION COMMITM ACKNOWLEDGMENTS The first comprehensive treatment of "Apportionment in Oklahoma" for a given period appeared in Oklahoma Constitutional Studies (1950). Thereafter, in publications issued under title of Legislative Apportion­ ment in Oklahoma (1951), "The Legislative Branch" in ^ Outline of Oklahoma Government (1954), Legislative Apportionment in Oklahoma (1956), and The Apportionment Problem in Oklahoma (1959), slight modifications were made in each successive study, the substance of all of which concerned the nature of the problem during the decade, 1950-1959. These investigations were followed by Legislative Apportionment (i960), which examined a state question in view of the preliminary census report. Legislative Apportion­ ment in Oklahoma (1961), which focused 'On an application of an Attorney General's opinion based upon the last federal decennial census, and Appor­ tionment Acts of the Legislature (1961), which evaluated three legislative apportionment proposals. As noted in The New Perspective of Legislative Apportionment in Oklahoma (1962), the last study of the subject produced under the auspices of the University of Oklahoma Bureau of Government Research, one will never be able to study legislative apportionment in Oklahoma without being indebted to the author of all of the preceding works, the late Dr. H. V. Thornton. That view is reiterated here, for although minimal reference will be made to these efforts of Professor Thornton, a variety of insights deduced therefrom have guided the general framework of this study. iii To the director of this dissertation, Dr. Joseph C. Pray, the writer owes a like debt of gratitude, both for the benefit of his teach­ ing and constructive criticism of the manuscript. To the extent that Professor Pray had expected the first and last words on the subject, this work falls short of the mark. This is because his late colleague had long before paved the way and, for reasons set forth in the final chap­ ter, it is expected that more than a postscript will still need to be written. Meanwhile, if this research manages to partially fill the wide gap in knowledge and understanding of the problem, its purpose will have been served. iv t a b l e o f c o n t e n t s Page ACKNOWLEDGMENTS ......................................... iii LIST OF , TABLES............. viii LIST OF ILLUSTRATIONS............................... • • • Chapter I. INTRODUCTION.......... 1 Theories of Representation Alternative Forms of Apportionment The Problem and Its Measurement II. OKLAHOMA IN HISTORICAL CONTEXT..................... 23 Indian Territorial Government Oklahoma Territorial Government Sequoyah Constitutional Convention III. THE CONSTITUTIONAL CO N V E N T I O N ..................... 36 Oklahoma Enabling Act Election of Delegates Organization of the Convention Sessions of November 20, 1906, through March 15, 1907 Sessions of April 16 through April 22, 1907 Sessions of July 10 through July 16, 1907 Analysis of Convention's Plans of Apportionment IV. THE CONSTITUTION AND INITIAL LEGISLATIVE APPORTIONMENT . 88 Constitutional Principles Evaluations of the Oklahoma Constitution The Fundamentals of Legislative Apportionment Constitutional Legislative Apportionment Page V. REAPPORTIONMENT OF THE HOUSE OF REPRESENTATIVES; HALF-CENTURY OF VACILLATION.............. 115 Act of 1911 and the Oklahoma Constitution Act of 1921 and the Oklahoma Constitution Act of 1931 and the Oklahoma Constitution Act of 1941 and the Oklahoma Constitution Act of 1951 and the Oklahoma Constitution Act of 1.961 and the Oklahoma Constitution Recapitulation of Analyses VI. REAPPORTIONMENT OF THE SENATE: A.HALF-CENTURY OF DEFIANCE .............. 152 Sessions of 1913-1919 and the Oklahoma Constitution Session of 1921 and the Oklahoma Constitution Sessions of 1923-1931 and the Oklahoma Constitution Sessions of 1933-1937 and the Oklahoma Constitution Sessions of 1939-1941 and the Oklahoma Constitution Sessions of 1943-1951 and the Oklahoma Constitution Sessions of 1953-1961 and the Oklahoma Constitution Session of 1963 and the Oklahoma Constitution Recapitulation of Analyses VII. JUDICIAL CONSTRUCTION AND JUDICIAL REVIEW. 192 The Formulative Years, 1923-1943 Period of Optimum Litigation, 1944-1946 Era of the Political Thicket, 1947-1958 Prelude to a Reconstruction, 1959-1962 VIII. THE VOICE OF THE PEOPLE. 231 Constitutional Requirements for Initiative and Referendum State Question No. 77 (1914): Initiative Petition No. 50 State Question No. 243 (1938) Legislative Refer- endum No. 77 State Question No. 397 (I960) Initiative Petition No. 266 State Question No. 407 (1961) Legislative Refer- endum No. 136 State Question No. 408 (1962) Initiative Petition No. 271 Recapitulation and Conclusion vi Page IX. THE NEW PERSPECTIVE..................... 259 The Reconstruction: Baker v. Carr Prelude to a Guideline: Moss v. Burkhart The Guideline Legislative Reaction to the Guideline and its Aftermath Review to "Minimum Remedy:" Davis v, McCarty X. FUTURE PROBLEMS AND P R O S P E C T S ............... 327 Future Problems in Legislative Apportionment Moss V. Burkhart and Davis v. McCarty Legislative Districting in the State and County Districts and the Contiguity of Counties Future Prospects in Legislative Apportionment State Question No. 4.16: Legislative Referendum No. 142 (1964) A Return to the Federal Courts Conclusion POSTSCRIPT............................. 349 BIBLIOGRAPHY. '........................................... 357 APPENDIX ............................................... 363 vii LIST OF TABLES Table Page 1 . Report Number 56 of the Committee on Legislative Apportionment — Senate................. 48 2. Report Number 56 of the Committee on Legislative Apportionment — House .......... 49 3 Special Report of Delegates R. L. Williams and J. F;-King — Senate. ........... 72 4. Special Report of Delegates R. L. Williams and J. F. Ring — House................... 73 5. The King Amendment — Senate 77 6. The King Amendment — House. 78 7. Recapitulation of the Convention's Plans of Apportionment. ................. 82 8. Constitutional Legislative Apportionment — Senate 111 9. Constitutional Legislative Apportionment — House. 113 10 . Session of 1913 - House Reapportionment, 1913-1921 121 11 . Session of 1923 - House Reapportionment, 1923-1931 125 12 . Session of 1933 - House Reapportionment, 1933-1941 129 13. Session of 1943 - House Reapportionment, 1943-1951 133 14. Session of 1953 - House Reapportionment, 1953-1961 138 15. Session of 1963 - House Reapportionment, 1963-1971 143 viii LIST OF TABLES (Continued) Table ' Page 16. Comparative Analysis of House Apportionments — 1913-1963.................................. 17. House Sessions, Membership, Party Affiliation and Representative Districts, 1907-1963. ......... 147 18. Range of Representativeness by County, 1913-1963 ..... 148 19. Sessions of 1913-1919 — Senate........................ 156 20. Session of 1921 — Senate. ................ 161 21. Sessions of 1923-1931 — Senate........... 164 22. Sessions of 1933-1937 — Senate........................ 167 23. Sessions of 1939-1941 — Senate. .......... 170 24. Sessions of 1943-1951 — Senate. ....................173 25. Sessions of 1953-1961 — Senate............... 175 26. Act of 1961 — Senate. ............... 178 27. Session of 1963 — Senate. ........ 181 28. Senate Redistricting ....... ......... ...... 183 29. Comparative Analysis of Senate Apportionments, 1913-1963 . 185 30. Senate Sessions, Membership, Party Affiliation and Senate Districts, 1907-1963 ..................... 188 31. Range of Representativeness by District and County, 1913-1963........................................ 189 32. State Questions Submitted to the People: Initiatives and Référendums on Legislative Apportionment, 1907-1963........................................ 257 33. State Legislative Apportionment : Senate and House .... 260 ix LIST OP TABLES (Continued) Table Page 34.. Senate Model "B" - Revised................. 295 35. Senate Model ”B" - Revised.................. 296 36. Federal District Court Decree - HouseApportionment 304 37. Federal District Court Decree - Senate Apportionment 305 38. Oklahoma Supreme Court Order - Senate Apportionment 317 39. Oklahoma Supreme Court Order - Senate Apportionment 318 40. Oklahoma Supreme Court Order - House Apportionment, 319 41. Oklahoma Supreme Court Order - House Apportionment. 321 42. Membership in State Legislatures: Senate and House 333 43. Contiguous Oklahoma Counties. .................. 338 44. State Question No. 416 — House Apportionment . 342 LIST OF ILLUSTRATIONS Figure Page 1. Degrees of Equity and Inequity in County Representation in the House, 1913-1963............................ 150 2. Degrees of Equity and Inequity in County Representation in the Senate, 1913-1963 .......................... 191 xi POLITICAL EQUALITY AND
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