WILLIAMS, Chief Justice.
Mr. Jenkin Lloyd Jones, a citizen of Tulsa, Oklahoma, hereinafter referred to as petitioner, has filed herein an application praying that this Court assume jurisdiction in this original proceeding. In his petition attached to such application, he alleges that the Twenty-eighth Oklahoma [359]*359Legislature passed Senate Bill 179; that such bill reapportioned the area of the state into forty-four Senatorial Districts and increased the number of members of the State Senate from forty-four to fifty-two; that under said Bill one Senator would be elected from each of five certain named Senatorial Districts with respective population figures of from 13,125 to 16,598; that, on the other hand, another certain District with a population of 61,866 would have only one Senator; that “going to the opposite extreme of congested population, No. 39, consisting of Tulsa County, has a population of 346,038, with 3 Senators proposed, being an average of 115,346 per Senator; and No. 18, consisting of Oklahoma County, has a population of 439,506, with 3 Senators proposed, or an average ratio of 146,502 per Senator.” He contends the bill is invalid, unconstitutional, disproportionate and unjust but that nevertheless the State Election Board and its members are contemplating accepting and acting under said Senate Bill as if it were a valid and lawful act and are about to execute and carry out such allegedly illegal and unconstitutional reapportionment “unless restrained, prohibited, stopped or properly commanded to do their just, legal, valid and constitutional duties.”
Attached to his petition is a brief in support of Petitioner’s proposition (that such Senate Bill 179 is unconstitutional, invalid and void, etc.).
Respondents have filed their response and supporting brief. Their first proposition is that said Senate Bill 179 was vetoed by the Governor and not thereafter validly passed by the legislature over such veto.
In considering the proposition we are mindful of the facts hereinafter recited. First the Senate and then the House of Representatives of the regular session of the Twenty-eighth Legislature of the State of Oklahoma passed Senate Bill 179. By its provisions there were created forty-four Senatorial Districts, as required by Constitution of the State of Oklahoma, Article V, Section 9(a), the counties comprising the respective districts were designated and the number of Senators to be elected from each of such respective districts fixed. Included as section 8 of such bill was what is familiarly called the emergency clause.
Governor Edmondson promptly vetoed such bill upon the asserted ground it was in direct conflict, in his opinion, with such Article 5, Section 9(a) of such Constitution.
The Senate then, ’upon a reconsideration of such bill, by a vote of 33 ayes to 6 nays, voted to pass it notwithstanding such veto and by the same vote purported to again' pass the emergency claúse contained therein as section 8 thereof notwithstanding such veto. The Senate then had forty-four mem- ■ bers.
The House of Representatives'then upon a reconsideration of such bill, voted by a vote of 82 ayes to 32 nays to pass such bill notwithstanding such veto and thereafter purported to pass the emergency clause of said bill, notwithstanding such veto '-by a-vote of 93 ayes to 21 nays. Such House then had one hundred and twenty-one members.
The message from Secretary Winters of the Oklahoma State Senate' to -Secretary of State Christian accompanying said Senate Bill 179 recites as follows:
“By order of the Senate of the State of Oklahoma this message is sent advising that on this date the Senate passed Senate Bill 179 by a vote'of-33 Ayes, 6 nays on the Bill and a vote of 33 ayes and 6 nays on the Emergency notwithstanding the veto of the Governor of the State of Oklahoma and that thereafter on this date the Oklahoma House of Representatives passed Senate Bill 179 by a vote of 82 aye? and 32 nays on the bill and a vote of 93 ayes and 21 nays on the Emergency notwithstanding the veto of the Governor of the State of Oklahoma. I am now directed by the Senate of the State of Oklahoma to transmit the above named Bill directly to you.”
The Attorney General, for respondents, argue that Senate Bill 179 was passed by [360]*360each of the Houses of the Legislature and had the emergency clause attached before the bill was sent to the Governor for his consideration; that it had then become an emergency measure and that after it was vetoed a three-fourths vote by all of the members of each House was required .to pass said bill over the Governor’s veto; that the House of Representatives passed the bill after the veto by a vote of less than three-fourths of such members; that there could be only the one vote and that the purported three-fourths vote for the emergency clause was mere surplusage and but a nullity. Not involved herein is the question of the effect had a vote been taken upon a technical legislative motion to reconsider. Such a motion was not lodged nor was such a vote taken.
Petitioner argued only the unconstitutionality of the Senate Bill. His counsel expressed no opinion as to whether it was validly passed over the Governor’s veto.
It is elementary that a court should, prior to delving into the intricacies of a suit before it, first determine whether it has jurisdiction, i. e.,. jurisdiction of the parties to the suit, jurisdiction of the subject matter involved in the suit and jurisdiction to render the particular judgment sought or that it is determined should be rendered in the case (if the court does have jurisdiction).
See State ex rel. State Highway Commission v. Asendorf, 203 Okl. 263, 220 P.2d 272; and Hutchins v. Sperling, Okl., 316 P.2d 589; Roth v. Union National Bank of Bartlesville, 58 Okl. 604, 160 P. 505.
Our Constitution provides as follows:
“The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.” (Article IV, Section 1).
It further provides as follows:
“The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.” (Article II, Sec. 6)
Such Constitution also provides that:
“ * * * An apportionment by the Legislature shall be subject to review by the Supreme Court at the suit of any citizen, under such rules and regulations as the Legislature may prescribe. And such court shall give all cases involving apportionment precedence over all other cases and proceedings; and if said court be not in session, it shall convene promptly for the disposal of the same.” (Article V, Sec. 10(j).
Same further provides that:
“The election shall be free and equal * * *” (Article III, Sec. 7). Our Constitution .further provides:
“ * * * The original jurisdiction of the Supreme Court shall extend to a general superintending control over all inferior courts and all commissions and boards created by law. The Supreme Court shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition, and such other remedial writs, as may be provided by law, and to hear and determine the same; and the Supreme Court may exercise such other and further jurisdiction as may be conferred upon it by law * * * ” (Article VII, Section 2.)
In the case of Jones v. Freeman, et al., 193 Okl. 544, 146 P. 2d 564, 566, (syllabus paragraph 11) we said:
“Any citizen of the state is entitled to maintain an original action in the Supreme Court, under authority of Art. VII, Sec. 2 of the Constitution, to test the constitutionality of legislative ap[361]*361portionment acts and to enforce the judgment in such case by the proper writ.”
As said by the Supreme Court of Iowa in Carlton v. Grimes, Treasurer, 237 Iowa 912, 23 N.W.2d 883, 892, “The power to determine the regularity of the passage of a legislative enactment is vested in the courts.”
As said by the Supreme Court of Montana in Vaughn & Ragsdale Co., Inc. v. State Board of Equalization et al., 109 Mont. 52, 96 P.2d 420, 422, “This court has the power to declare a legislative Act invalid * * * ”
In Jones v. Cordell, 197 Okl. 61, 168 P.2d 130, we said:
“The Supreme Court may, in its discretion, restrain election officials from conducting an election under an unconstitutional law.”
If we may restrain the conducting of an election under an unconstitutional law, certainly we may restrain the conducting of an election under a purported law not actually passed.
We have reviewed the pertinent provisions of the Constitution relative to our duties in the premises. We find from the foregoing facts and provisions of law and the files in the case that petitioner is entitled to file his petition herein, that this Court should and it has accepted jurisdiction in the case and that we have jurisdiction in the several respects to which reference was hereinabove made.
We now move to a consideration of the matter of whether Senate Bill 179 of the legislative session just recently ended was lawfully passed notwithstanding the veto thereof by the Chief Executive.
Article V, Section 34, of our State Constitution provides in part as follows:
“* * * (N)o law shall be passed unless upon a vote of a majority of all the members elected to each House in favor of such law; * * * ”
In part pertinent to this discussion, Article VI, Section 11, of such Constitution is of provision as follows:
“Every bill which shall have passed the Senate and House of Representatives, and every resolution requiring the assent of both branches of the Legislature, shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it; if not, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large in the Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill or joint resolution, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and, if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the Governor. In all such cases, the vote in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the Journal of each house respectively * * *»
Article V, Section 58, of such Constitution provides in pertinent part, as follows:
“No act shall take effect until ninety days after the adjournment of the session at which it was passed, except enactments for carrying into effect provisions relating to the initiative and referendum, or a general appropriation bill, unless, in case of emergency, to be expressed in the act, the Legislature, by a vote of two-thirds of all members elected to each House, so directs. An emergency measure shall include only such measures as are immediately necessary for the preservation of the public peace, health, or safety, * * * Emergency measures may be vetoed by the Governor, but such measures so vetoed may be passed by a three-fourths vote of each House, to be duly entered on the journal.”
Thus, to recapitulate, we see that a majority of all the members elected to each [362]*362House must vote for an ordinary (non-emergency) bill in order for it to pass (Const. Art. V, § 34) ; that excepting certain acts relating to the initiative and referendum and general appropriation bills, two-thirds of all members elected to each House must vote for the emergency portion of a bill-in order for it to pass (Const. Art. V, § 58) ; that, upon reconsideration of an ordinary (non-emergency) bill after veto, two-thirds of the members elected to each of the respective houses must approve it to pass it notwithstanding the objections of the Governor (Const. Art. VI, § 11) ; upon reconsideration of an emergency measure after veto, a three-fourths vote of each House is required to pass it notwithstanding the objections of the Governor (Const. Art. V, § 58).
It was noted hereinabove that the certificate of the Senate Secretary showed plainly and clearly that the vote on the bill in question in the House was “82 ayes and 32 nays on the bill and a vote of 93 ayes and '21 nays on the Emergency notwithstanding the veto of the Governor of the State of Oklahoma.” In that certificate, it is not recited that the second vote in the House (after veto) was upon a motion to reconsider. Rather it clearly appears that such was a vote on the “Emergency”.
In 50 Am.Jur., page 110, Statutes § 111, it is stated:
“ * * * The bill becomes a law, notwithstanding the executive veto, if, after reconsideration, it is again passed by both houses in the mode prescribed.”
In 82 C.J.S. Statutes § 58, Passage over Veto, at page 91, it is stated:
“The power of the legislature to re-pass a bill that has been vetoed by the executive, after its return to the legislature, is derived from the constitution, and a bill may become law where passed over the governor’s veto in accordance with constitutional provisions. ⅜ * * ’>
In said Am.Jur., at page 103, Statutes § 96, it is stated,
“ * * * After independence of the Colonies, the veto power was adopted with various limitations by American Constitutions, state and national. Originally intended merely as a means of self-protection by the executive against the encroachments of the legislative body it has since been used as a check on hasty and inconsiderate, as well as unconstitutional legislation.”
From the facts above related, it would appear that the House of Representatives was of the view that it could and should take separate votes on the bill and on the emergency section thereof as is done in passing a bill with emergency clause prior to submission to the Governor.
Apparently the House of Representatives thought it was incumbent upon it to pass the Senate Bill in question, after veto, by the vote provided for a non-emergency bill, that is to say, by a two-thirds vote, as indicated by Constitution, Article VI, Section 11, and then by a separate vote to pass the emergency section thereof by a three-fourths vote as provided by Constitution, Article V, Section 58.
Therein it erred. Clearly the House considered that it had passed the bill by a two-thirds vote and a sufficiently large majority to comply with all constitutional and legal requirements, and moved as it thought to a consideration of the next proper order of business, to-wit: whether the emergency section should be attached.
In Norris v. Cross, 25 Okl. 287, 105 P. 1000, 1007, referring to Constitution, Article V, Section 58, this Court said:
“The word ‘enactment,’ as used in the saving clause, is synonymous with the word ‘act.’ It is to be noted that the language of this clause excepts only ‘enactments,’ and not ‘enactments or parts of enactments,’ putting in force the initiative and referendum provisions of the Constitution. The word ‘act,’ as used in the general enacting clause of section 58, means a bill passed by the Legislature, as to which all of the formalities required to make [363]*363it a law have been performed, and refers to the entire statute enacted, * * *»
It is our view that Senate Bill 179 was first passed by the respective Houses of the Legislature, with emergency section included, and that, prior to veto, it had become an enactment, an integrated whole, an act, an emergency measure, within the meaning of Article V, Section 58. No provision is made in that section or elsewhere in the Constitution for “piecemeal” balloting upon reconsideration of an emergency measure that has been vetoed.
Our conclusion is that the House of Representatives, upon reconsideration of the bill in question after veto, simply did not pass it by the three-fourths vote required by the Constitution in such case. We further conclude that the purported or attempted vote, separate and apart and distinct, upon the emergency section was a nullity and entirely without any force and effect.
Amicus Curiae has favored this Court with a brief presenting arguments to the effect that, (1) Senate Bill 179 was passed over the Governor’s veto; (2), that “Article 5, Sec. 9(a) and 9(b) Oklahoma Constitution does not confine the Legislature to sole consideration of population in apportionment of Senate; The Provision, ‘Or In Such Manner As The Legislature May Direct,’ Gives A Choice Or Alternative Enlarging The Conditions Or Methods Which May Be Considered By It.” And, (3), that “There is a Presumption that an Act Enacted by the Legislature, is Constitutional and Where One Interpretation Will Render The Act Unconstitutional While Another Will Not, It Is The Courts Duty To Interpret The Act As To Render It Constitutional.”
In argument under his first proposition amicus curiae states as follows:
“In the first place the contention that the bill had to pass as an emergency matter is extremely doubtful. The emergency clause has nothing to do with the law except as to the time of its taking effect.
“Article 5, Sec. 58, does not say that the law could not pass without the emergency clause. It only says that a three-fourths vote is required to pass it as an emergency measure over- the veto of the Governor.”
We have. hereinabove determined that Senate Bill 179 was an integrated, emergency measure.
The Court’s friend argues that Article VI, Section 11, does, not state that bills other than emergency bills but “says, ‘Every bill which shall have passed the Senate and the House * * * ’ and which has been vetoed by the Governor shall be reconsidered, and after consideration if two-thirds members of both houses approve the bill, ‘It shall become a law notwithstanding the objections of the Governor.’ ”
In the case of Latting v. Cordell, 197 Okl. 369, 172 P.2d 397, 399, this Court said:
“It is a universally recognized rule of construction that, in ascertaining both the intent and general purpose, as well as the meaning, of a constitution or a part thereof, it should be construed as a whole. As far as possible, each provision should be construed so as to harmonize with all the others, yet with a view to giving effect to each and every provision in so far as it shall be consistent with a construction of the instrument as a whole. 16 C.J.S., Constitutional Law, § 23, page 62, citing cases from practically every state in the Union, including Finerty v. First Nat. Bank, 92 Okl. 102, 218 P. 859, 32 A.L.R. 1326.”
Our discussion hereinabove demonstrates it to be our conclusion that under Article V, Section 58, Const., a different rule applies to an emergency measure than the rule under Article 6, Section 11, applicable to bills other than emergency measures, despite failure of either of such sections to specifically refer to the other. This conclusion we believe to be justified by a [364]*364consideration of such sections together and under the rule of para materia.
Amicus curiae argues further that the procedure followed in the House of Representatives was valid in that the House first overrode the Governor’s veto by a two-thirds vote (Art. VI, Sec. 11), and then by another roll call passed Senate Bill 179 as an emergency measure by a three-fourths vote (Art. V, Sec. 58) and also in conformity to House Rule 33. He argues that it would make no difference if the House considered the Bill again and again, if it finally passed the same as an emergency measure, and that the “Journals of both House and Senate show three-fourths of the members of both houses approved the emergency character of Senate Bill 179 * * * ” He refers to a ruling of the Chair in the House in 1953, contrary to that of the Attorney General in a letter to a House Member. He quotes House Journal of Twenty-Fourth Legislature, page 794, as follows:
“Mr. Stevens moved that the House adhere to the Ruling of the Chair given yesterday concerning vetoes. The Chair will hold that a two-thirds majority of all members elected to and constituting the House is required to override disapproval of the Governor on any Bill passed by the House and returned by the Governor and a three-fourths vote of all members elected to and constituting the House is required to over-ride a Veto of the Bill as an emergency measure. Upon motion of Mr. McCarty, the Stevens motion was adopted and the above Ruling of the Chair stands.”
He says, “These references to the Journal reflect that the House placed its own interpretation on its rules which had existed for 46 years, now for 54 years.” He cites in support of argument the case of State ex rel. Coleman v. Lewis, 181 S.C. 10, 186 S.E. 625.
It is noted that Rule 33 of the House, as quoted in brief of amicus curiae, makes no reference to an emergency measure.
That a House (Branch of the Legislature) may make its own rules is beyond dispute. As stated in State v. Lewis, supra, referred to by amicus curiae, (at page 22 of the South Carolina Report, at page 630 of 186 S.E.) :
“The .Constitution empowers each House to determine its rules and proceedings. Neither House may by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of procedure established by the rule and the result which is sought to be obtained, but within these limitations all matters of method are open to the determination of the House, and it is no impeachment of the rule to say that some other way would be better, more accurate, and even more just.”
We observe, however, that the South Carolina case related not to the passage of an emergency measure as is true here, but to the matter of a bill, upon consideration after veto, “picking up” more yeas upon a motion to reconsider upon a subsequent legislative day. We have determined herein-above that the second consideration in the House of Senate Bill 179 with which we are here concerned was not upon a technical legislative motion to reconsider after failure of the Bill to pass after veto, but was upon what the House conceived to be a vote upon the emergency phase of the measure. This occurred after the Bill itself as an integrated emergency measure upon a constitutional reconsideration after veto had failed to pass by a three-fourths vote in the House, although the House apparently thought it had passed.
Amicus curiae says, “If the Senate wants to have one roll call and the House wants to have two roll calls there is nothing in the Constitution to prohibit it so long as three-fourths of the members of each House say on the Journal they vote for it as an emergency matter.”
We agree that had the second vote in the House upon constitutional reconsideration after veto occurred upon technical legislative motion to reconsider as in the cited South Carolina case and the bill then re[365]*365ceived a three-fourths vote as required by Constitution, Art. V, Section 58, the veto would have been lawfully overridden in the House. Such, however, was not the case.
Amicus curiae says that the message from Secretary of Senate to Secretary of State transmitting the enrolled bill shows that the bill passed under the provisions of either or both Article V, Section 58, or Article VI, Section 11, of the Constitution. He adds that, “Oklahoma has long subscribed to the rule that the Enrolled Bill is conclusive and the courts will not look behind it.” (Citing authorities).
We refer again to our foregoing discussion as to the effect of Article V, Section 58. To pass an emergency measure over Governor’s veto, a three-fourths vote of each House is required. It is true that the message from Secretary of Senate to Secretary of State recites that “on this date the Oklahoma House of Representatives passed Senate Bill 179”. But the Secretary continued, “by a vote of 82 ayes and 32 nays on the bill * * * ” The vote thereby reported (required by Article V, Section 58, to be entered on the Journal) demonstrated its own inefficacy.
Our disposition of respondents’ first proposition and of the first proposition of amicus curiae renders consideration of propositions second and third advanced by amicus curiae unnecessary and improper.
Respondents, in their second proposition, seek to distinguish petitioner’s authorities submitted upon the question of the alleged unconstitutionality of said Senate Bill 179.
As such bill was not lawfully passed over the Governor’s veto, any discussion as to its constitutionality or want thereof is deemed inappropriate.
It is accordingly ordered that respondents, and the successors in office of the latter two of them under recent executive appointment, take no action whatsoever to carry into effect the provisions of said purported Senate Bill 179 of the Twenty-eighth Oklahoma Legislature as same is but a nullity.
We direct that any petition for rehearing be filed within five days of the date of promulgation of opinion herein.
Writ ordered issued.
BLACKBIRD, V. C. J., and WELCH, DAVISON, HALLEY, JOHNSON, JACKSON and IRWIN, JJ., concur.
BERRY, J., concurs specially.