*1
thаt
by plaintiff, merely
defendant,
holds
cited
but
the source of the
knowledge
virtue of the
O.S.1951
plain-
is immaterial
since
attorney
acknowl-
authority
to
tiff
has
could
§
damaged
have been
de-
edge
in favor of
judgment
satisfaction of a
fendant’s failure to furnish with infor-
it
his client
has been
judgment
when such
mation
already
which it
had.
paid
full,
nothing
do with
and has
to
We are
opinion
of the
and
hold that
attorney
question
authority
of an
evidence as a whole does
not warrant
negotiable
to
endorse his
name
client’s
recovery against defendant. Under such
instrument.
circumstances the motion for a directed
verdict
sustained,
should have been
Mid-
suggested
that defendant should
Continent
Old.,
Petroleum Corp. Wilheit,
notify
v.
held liable
he
because
failed
plaintiff DAVISON, CARLILE, establish de- a contract with JOHNSON JJ., fendant, concur. a breach of such de- contract fendant, resulting damage plaintiff, HALLEY, BLACKBIRD and plaintiff before was entitled recover. JACK- SON, JJ., dissent. out, Even if the letter above set which plaintiff’s lawyer wrote con- defendant plaintiff
stituted a contract between
defendant, personally, could not
have, still, where is the breach thereof and
any resulting merely damage? The letter plaintiff
stated that would be notified if
any settlement was offеred with regard Angerman lawsuit between and Gra- In re INITIATIVE PETITION NUMBER ham Electro-Way, and Harber QUESTION 259, STATE 376. that no such settlement would be made No. 37305. approval. without its was not Such lawsuit Supreme Court of settled, however, but was tried judg- Oklahoma. July 1, 1957. apparent ment posi- rendered. Plaintiff’s tion the satisfaction judgment Rehearing Sept. 30, Denied after it had become final constituted a settlement of the within lawsuit the mean- clearly
ing of letter is untenable. The only plainly
letter not refers to settlement lawsuit, affirmatively points but out upon which date the lawsuit was to that further action
tried and must be taken plaintiff’s
after the trial if claim is to be protected. Furthermore,
thereafter un-
disputed plaintiff, evidence or at plaintiff’s manager, credit
least was noti- judgment was being
fied satisfied check forwarded to defendant. This came from one lawyers
notification Graham, Angerman and rather than
14J sale and distribution commonly what is known 3.2 beer. appeal
Since the was filed this court *3 protestant, appellant, hereinafter called has petition determined that the contains a sufficient number of legal signatures for its submission as a Constitutional Amendment and has appeal dismissed in his so far itas questions validity the number and signatures to petition. This leaves for questions consideration the general petition whether the in is sufficient form and substance.
Provision is made for the Initiative V, 1-8, Referendum Art. secs. Oklahoma V, Constitution. Under sec. Consti- Art. tution, Legislature make is directed to provisions “suitable for into ef- carrying fect of this Art. article.” V. provides, to the Governor part, as follows: “We, the undersigned citizens le- gal Oklahoma, votеrs of the State of respectfully order following proposed amendment' to the Constitu- tion State Oklahoma shall be legal submitted to the approval State of Oklahoma for their * * rejection *. ’ ' question “The we herewith submit to ' our fellow voters is : Shall the follow- proposed ing amendment to the 'Consti- tution State of Oklahoma be adopted.” complete copy Then follows a ti- proposed tle text measure re- as quired proposed O.S.1951 2. This § provides measure for elections in counties Wilson, Miller, Miller & George Jr., Jack permit prohibit or manúfacture, sale Wilson, Ewing City, Oklahoma for beverages containing other distribution of ponents. per (½ more than one-half one cent Johnson, Gordon, Cotter, Cook & Rowe alcohol 1%) of volume more Cook, City, appellant Oklahoma per than (3.2%) three two'-tenths cent protestant. by weight, proce- provides of alcohol holding county- dure for elections. JACKSON, Justice. appeal earnestly appellant
This case involves an from It is contended a deci- Secretary proposed sion measure upholding adopted of State cannot be sufficiency of Initiative Petition an amendment to the No. Constitution. is It Question proposed State No. 376. The first contended that the “title text of provides option proposed measure” is (1) drawn in the tution must fаct be an amendment (2) a statute and and form of language just temporary legis- It Constitution statutory matter. with “substance” deals proposed amendment lative measure. The language there is not contended rejected legisla- being statutory re- was statutes our Constitution tive in nature. amendments quires verbiage, form or any particular to be per- appears to be foregoing decision However, it particular substance. However, must suasive. decision cannot Constitution contended that our interpreted in the case. light of the facts measure, which initiated amended careful exami- will be observed *4 leg- is mere that it by its a shows contents proposed amend- nation that the case propo- by the act. It is admitted islative ment distin- temporary was in nature as to the form that as of the measure nent guished This, together permanent. from appear- has it “text” language objectionable therein with other features However, enactment. legislative a' ance of discussed, sufficient cause was considered meas- “substance” of he insists that the reject amendment. it as a ap- is ure, appearance, its notwithstanding proposed The temporary nature of Con- propriate amendment for an controlling amendment seems to stitution. in that case. feature been questions heretofore have nоt These 526, Bartlett, 1938, In v. 343 Mo. Marsh presented court. to this 737, 121 the Missouri Court eval- S.W.2d case, page supra, uating Halliburton length ex quotes at from State Appellant S.W.2d, said: of 121 Roach, 1910, 230 Mo. Halliburton v. rel. Therein it was 408, 130 S.W. ques- “In the Halliburton Case Mis- posed to amend the Constitution of petition tion was whether the initiative provide fixing for State senatorial souri propos- was under there review which peri- effective a that for districts would meth- ing change an amendment Federal years, until the ten next od of od dividing state into senatorial * * senatorial districts Thereafter the census. districts, valid. was *. by enacted a law fixed were gist holding majority “The petition), by the people (by initiative that proposed therein was amend- on adjusted the basis Legislature, valid, not ment was because in effect held in court substance census. That that organic temporary it law was but a petition allegations of an initiative that act, legislative and should not be sub- that character the fact determine its cognomen under the false an mitted proposed matter a calls the amendment. The Halliburton decision it is not determine that amendment does opinion disapproved by majority a was a act. instead amendment Case, supra rel. the Stokes ex [State held that an initiative court further The Roach, Mo.Sup., v. 190 S.W. Stokes fixing sen- in 1910 state petition initiated Graves, J., sepa- 277], dissenting a until continue districts atorial * * opinion filed. *.” rate 1920,when dis- these Federal census appears from language While people, enacted a law tricts case, that the decision Marsh Halliburton adjusted on the Legislature, disapproved, opinion has been we are of census, leg- a that is a basis of disapproved on in- grounds that it was charac- temporary a enactment islative volved herein. petition for a constitutional ter, not a amendment; is Marsh case in that being interesting "constitution” The fun- distinguished therein raised a tem- issues and determined law damental from many propositions act, instrument identical here implying an porary presented. In that case court concluded Marsh was arrest- nature. permanent charged large ed and with catching amendment the Consti- mouth * * * speaks today. And think we in violation season the closed during bass harmony, it is He was its nature and the statutes. certain sections opinion, was attributes considered in this pay, convicted, fined, refused Constitution, with Bartlett, sheriff. the remainder of the jail by committed to entirety even violated. the former in its effective, though had been statute, if * * legislative in its nature. *. had statute Marsh contended “ * * * repealed Amendment by Constitutional been In Rights (Sec. the Bill of sup- 4, had the statute and that No. Constitution, 2) art. as found in the the Con- Mo.St.Ann.Const, planted regulation certain by a 1, it de- art. § The amendment Commission. servation political power clared ‘That all is vested * * * all fish control of provided people; in and derived from the * * * the State life resources and wild government all originates and fur- in the Commission shall be vested people, their as founded will incon- laws provided existing that all ther only, solely for the and is instituted remain longer no sistent therewith good of In these the whole.’ view of *5 effect. force and of the sovereignty reservations among oth- right to exercise functions thereof position, was the Sheriff’s by the government, the State’s seems self- ers, when tested it the amendment that was itself evident that the exercise thereof of the Constitution touchstone particular provide constitutional instance of valid lacking in essentials law the extent amendment; organic not mode selected and to the it was ordinance, incongru- by pol- enduring effected an unrelated legislative but a act subject icy-forming creates matter and to its ous with the Constitution gov- separation rule-delegating regards adminis- the three-fold division duties, imposed trative powers, form of functions ernmental notwithstanding general the the most of States was valid common to government the amendment upholding way statutory In field for action en- Union. the of 121 S.W. court, 743 pages 742 and had entered actments theretofore been 2d, said: sоlely by That Legislatures. successive “ * * * condition, long existing, continued im- So, our follows that it * * * people merely because until late question is mediate attempt not to exercise their stated did regarding policy declares it broad * * Amendment, authority. reserved subject matter control, management, namely, ‘The Coming now to the Constitu- Oklahoma regulation
restoration, conservation tion, decisions on the sub- statutes court forestry fish, bird, game, of the powers peti- ject reserved and initiative the state life resources wild all tions, following find the : we * * portion policy-creating This “ * * * people reserve ac- object to be which determines power propose laws themselves necessarily within complished to the Constitution and amendments as a Amendment on the made attack ** V, 1, Art. Const. § character, legislative whole, it is thereof, power peo- violates first “The reserved by reason Constitution, initiative, ple eight per Mo. is the 4 of 1 Article * * St.Ann.Const, 4, legal 1. *. of the centum voters shall have art. § propose any right legislative directed to been have not “We measure, per and fifteen centum of the which ex- Constitution provision legal shall have the impliedly limits the content pressly * * pose amendments Constitution thereto *. amendment an * * * every petition, and does Amendment Hence the full include text measure so as it thе Constitution infringe on * * V, carefully the Con- proposed. We have searched Art.' § nothing stitution and find and statutes Const. rejects proposed therein that constitution- tt $ * * Legislature appear- al amendment has the because it carrying provisions for suitable make form, ance, a statute and substance of arti- provisions of this into effect within matter. While V, 3, cle.” Art. Const. § provide power Legislature to so provides: 34 O.S.1951 § power it has not to make done so. Since the prescribed procedure herein “The into ef- carrying suitable fol- mandatory, substantially but if specifically giv- fect the initiative has If end lowed will be sufficient. Legislature, en to the it was not intended procedure attained and aimed at can be power would be exercised sustained, mere clerical and shall be courts. disregarded.” shall be errors technical for, provision and the While the 147, Peshek, 5 P.2d 153 Okl. In Ruth v. regulation and control of the sale and dis 108, body opinion this in the tribution of 3.2 beer has been left
court said: legislative field we are of the since opinion people may their exercise themselves people “The reserved power, desire, pro they reserved if so power propose laws and amend- * * vide, in proposed, enduring the manner Constitution, *. ments to the ordinance form of an amendment to people power reserved tо This so *6 County op providing the Constitution avoided, crippled, or de- not be should tion in the sale and distribution of beer. by the construction nied technical statutory language We hold that the duty of courts to It is the the courts. proposed form appearing in the amendment right as in- preserve this construe and is not amend fatal to its submission as an adopting people in tended ment to the Constitution. Constitution, thereby reserve unto power.” people this proposition appellant In his second as- proposed serts that the of a text amend- government which rests “Ours is ment to the Constitution must refer upon governed. the will of the Constitution or to some section thereof. machin- referendum is the initiative and statutory provisions The Constitution and people may ery whereby self-governing provide. not do so opinion express in concrete form their upon public concern. If of matters Question 362, Legislative In State No. people self-governed, to be 108, Referendum No. a constitutional they have a is essential proposed. amendment was Neither the text questions public of in- vote measure, title, nor the ballot -refers public will.”' register any terest of section or article the Constitu- tion to be amended. That amendment was syllabus paragraph of the In second adopted by people part and is now a of 213, 411, Estes, 142 43 Okl. P. v. Cress our 1955 Directory Constitution. See of expressed its view initiative court Oklahoma, 193, page the State of for bal- (cid:127) follows: XI, 6, lot title and see Art. as amended § adopt propose power “The in 1954. any nature to amend proposition of proposed people in the If is vested amendment is their Constitution amendatory any state, of such of section the exercise of Constitu would, adopted, any tion it if they amend section constitute power and are of the Constitution conflict government therewith branch mentioned control whether or not. The substance subject interference or ’ (cid:127) (cid:127) purpose proposed amendment is judiciary.”
145 every sale and that em- County Option Legislature act of the provide 1, 7, brace subject, Okl. but one Art. which shall distribution “3.2 beer.” § clearly expressed Const., Prohibition Ordinance This is and the title. required 929, 2, Statutes See (Page Book Oklahoma initiated measures. part, provide, Ramsey Persinger, as follows: v. 141 P. Ann.Const.) 43 Okl. * * * * * * furnishing “The * * * Appellant liquors pro- im- intoxicating is contends that it will be possible years period twenty-one prepare is for a title. hibited * * * ballot peo- argued that and thereafter until the con- since title must ballot ple tain the words of the State shall otherwise “constitutional amendment” and the vide this Constitu- text of refer amendment of the measure does not proper to the legislation. tion and state Constitution be amend- or section to * * * * * * ed, Any person who shall ballot title cannot refer * * * proposition sell or otherwise furnish is Constitution. While this kind, liquor premature intoxicating (See 10) 34 O.S.1951 9§§ * * * pun- we including helpful dispose shall be think it beer if we * * ished the issue at this time. 9, provides While it has been determined that 3.2 O.S.1951 a ballot § beer is title which shall non-intoxicating (37 gist O.S.1951 contain the § Bliss, seq. et Springer proposition. ex proposition presented rel. v. —State appar- “proposed 199 Okl. 220), 185 P.2d it is amendment to proposed county op- ent if authorizing amendment Constitution” tion, amendatory question presented section of the Con- “Shall is: amendatory proposed stitution it the following would be of Art. amendment to the I, 7, supra. Sec. Constitution of the State Oklahoma be adopted.” Since the Constitution and stat opinion We are of the and hold utes requirement make no that a *7 part quotations the above that are the amendment refer to the Constitution or the “proposition” and should be in considered amended, pro section to be and since the title, although preparation the of the ballot posed would, adopted, amendment if amend quotations appear do text these any section of the Constitution in conflict of the measure. therewith, we conclude that it nec is not essary proposed for the text of the amend petition is further It contended that the ment to refer any to the Constitution or upon face, and circulated is a fraud section thereof. persons petition signed who peti- entitled be informed were It is proposed contended that the they signing whether were tion itself fatally amendment is defective for rea pro- petition seeking an election on a will, adopted, V, son that it if amend Art. posed measure constitutional 3, Okl.Const., holding as to the time of § amendment. elections and that nowhere in the title or body proposed people of Oklahoma are familiar measure is there Enabling fact that the the historical amending reference to this with section of the prohibition in required this State for recognize pro Constitution. that We twenty-one years after posed state- may, period adopted, amendment if kinds, “including all 5, amendatory V, Intoxicants of Art. hood. other sec § beer, ale, specifically were wine” men- tions apparent Constitution and it is I, (Art. 7, the Constitution body proposed that tioned § title proposed Const., supra).’ Various amend- measure makes no reference amending people to the been submitted have changing section of the ments Constitu prohibition clause in our V, 57, Okl.Const., repeal of the provides tion. Art. § 146 people parts “Section 23. All Acts
Constitution. think the We hereby Oklahoma, are petitioners, Acts herewith are including conflict repealed.” the difference generally well informed on to the proposed between a amendment have argued It is that these statutory Constitution and an initiated no place in a constitutional amendment measure, pro- field of especially in the sections, paragraphs, the reason that hibition. phrases uncon- sentences and cannot Con- they part stitutional if are herein sets petition The initiative all pointed stitution. It is out that also proposed clearly forth is measure parts with Acts of Acts in conflict We an amendment Constitution. amendment, repealed adopted, if will petitioners fail to how have see could provides, and whether amendment so petition. misled or misinformed 23) (22 two sections appellant is finally argued by pure to nor surplusage and neither add proposed amendment meaning subtract or effect from the contradictory contains misleading and proposed agree- full are in measure. We visions, hold and that this court should argument. with ment this petition such void. legally insufficient 34 Proponent invites our attention argument, argument We think this and the 8, part: provides S.1951 § heretofore advanced that “ * * * adjudge court shall If the amendment, adopted, will contradict if parties re- insufficient the other sections has been of the Constitution sponsible for same shall have in many answered decisions of this court. correct or amend their court, opinion conform to the early Threadgill In the v. case of provided change said amendment or Cross, page 109 P. Okl. * * days. *.” made within five Reporter, 563 of the Pacific court proponent’s supplemental said: brief he In court, in the event authorizes this certain * * “* express- We refrain from objectionable, are found to alter defects opinion ing whatever what petition by deleting and or amend the add be, the effect of such amendment will language as the court ing such deems adopted. question if That can and necessary proper, citing In re Initia only will determined when it 1, City Drumright, tive Petition No. presented court the course 409, 410, Okl., P.2d where third *8 litigation by litigant some whose Syllabus paragraph of the we held: rights hereby.” are involved petition propos- an initiative “When adhere to rule ex We the there repeal city of a ing the charter has pressed. found sufficient to meet the re- law, quirements petition and the attention is invited 22 and Our to Secs. proposals other proposed also contains which 23 amendment. These in with are conflict the laws of the provide: sections State, objec- this court strike the any section, para- “Section 22. If adjudge peti- matter tionable and the phrase or graph, sentence of this Act amended sufficient.” tion as shall be declared unconstitutional or any any signers reason that the void for case court of the In jurisdiction, proponents petition final Act shall as well as the author objectionable way affect the any sec- us to strike the remaining ized matter. tions, paragraphs, sentences, phrases' signers instant case the peti In the the Act, same of this but'the shall con- not authorized tion have deletions However, in full force and petition. tinue effect.. we from know the
147 option. only with may not strike are concerned why no this court We here reason proposed ini- from a Surplusage” “Pure proposal question the legal whether where do so would tiative measure and is, here terms stated involved in its and sub- change manner the nature properly sub- provisions, may be such as pre- signed stance of the as to be the State mitted sented. adopted Constitu- as an amendment num- Having that sections concluded tion of Oklahoma. surplusage, 22 are and nei- bered and 23 sponsor Protestant contends meaning ther add nor subtract from the petition, sponsors this initiative amendment, effect of person prepared it persons who 22 and 23 said sections numbered should undertaking to place, first effect be, are, hereby and the same stricken to be voted statutory enactment submit a petition. sections and 23 With amend- people on as stricken, petition is be sufficient held to protestant contends ment. The required by calling for the the statutes Leg- State Oklahoma Session of an thereon. election deal- H.B. 827 was introduced islature there filing It is ordered that of this beverages, de- ing alcoholic with certain mandate, clerk of providing for fining the same Secretary court transmit thereof, etc., which option the sale as to same, copy State a certified Legislature, adopted bill was not Secretary proceed of State sponsors thereafter and that provided by law, manner and not incon- petition mere- of this initiative circulation opinion. sistent with this only 827, omitting the final ly copied H.B. “Bill,” was the emer- section of the CORN, J., HALLEY, C. V. thereby original clause, gency WILLIAMS, BLACKBIRD and CAR- sponsor sponsors undertook to circulate LILE, JJ., concur. peti- and to have “Bill” incorporation voted on tioned to WELCH, J., and DAVISON C. an amendment there- our Constitution JOHNSON, JJ., dissent. to.
WELCH, (dissenting). Chief comparison “proposal” Justice From a to me con- case are not it seems that this deciding In we with H.B. 827 con- cerned, fairly sustained. I here judicially well we cannot be tention is con- par- quote “proposal” H.B. 827 against here with issue for cerned beer, against sale or for or allel local columns. Proposal: (1955 Legislature) Bill 827: House Rеlating Relating To Alcoholic An Act An Certain To Certain Bev- Alcoholic *9 Op- County Beverages: Authorizing erages: Option; Authorizing County tion; For Providing Providing Elections In Elections For In Counties Manufacture, Permit Man- To Prohibit Or Permit Prohibit Or Counties To Distribution; ufacture, Distribution; Or Other Sale Or Other Provid- Sale Procedure; Procedure; Fixing ing Fixing Penal- Providing Penalties. ties. By People Of Be Enacted The State By People Of The State It Enacted
Be Oklahoma; Of Oklahoma: Of may 1. Reference be may made to Reference be Section made to Act as this Act as the Option
“County “County Option Law.” Laws 1955.” of terms, following terms, As used in this Act the As used in this Act following indicates, indicates, unless the context otherwise unless the context otherwise following meanings: shall meanings: have the have the following (a) “Beverage” (a) “beverages” “Beverage” or “beverages” or containing any beverage mean and mean beverage containing include and include (i/ n per of more (½ more than one-half of one than per cent one-half of cent of one 1%) 1%) of not more alcohol volume and of alcohol more volume per (3.2%) than three and two-tenths than cent three and per (3.2%) two-tenths cent of weight. alcohol by weight. (cid:127)of alcohol (b) singular (b) includes “Person” “Person” singular includes the plural number, plural number, and shall mean and include and shall mean and include trust, a person, рerson, a natural associa- trust, estate or natural estate or associa- tion, corporation. tion, co-partnership co-partnership or corporation. or (c) (c) “Election” means an election held “Election” means election held purpose people purpose for the a of of vote of the people of vote of the of county prohibition permission county or prohibition as to permis- to the manufacture, sale, barter, furnish- of sion manufacturer, sale, barter, beverages in ing transporting such furnishing of or transporting of such bever- n county. ages said in said county. n Upon application Section 2. written Upon application Section 2. by written county any petition filed with the clerk of filed county with the clerk of county State, signed by number county State, in this á in this signed by a number legal county equal fif- of voters of legal county such equal voters in such fif- per (15%) per cent the total number teen of teen cent (15%) of the total number general votes at cast the last election of of votes cast at general the last election receiving highest for the office state state receiving office highest number of in such votes at such election of number votes 'at such election in such n county, duty Board county, shall be the duty it shall Board b.e county, County Commissioners said at County county, Commissioners of said board, regular meeting next said aft- regular board, the next meeting said aft- twenty days (20) filing er twenty er (20) days from the filing of petition, spe- directing to make an order petition, to spe- .make an order directing a county cial election to on a held said cial election to held in said county on (40) not less than nor than day forty more day forty not less than nor (40) more than days order, sixty making after the days order, such sixty after the of such making purpose submitting legal for the purpose submitting for the legal proposition county the voters of said wheth- proposition wheth- beverages er the described Section 1 er beverages described in Section of1 manufactured, sold, may bar- manufactured, sold, this Act bar- tered, furnished, given away tered, furnished, or otherwise given away or otherwise transported, received, county. transported, received, county. in such shall, substantially order be in Such Such order shall be in substantially the following form: following form:
Order Order *10 petition having sufficient petition A having filed A sufficient been filed by law, it is provided by law, ordered that provided on as it is ordered that on the-day of-, ,-, , -, day of-, , elec- an elec- 195— —r 195— held throughout- shall be tion Coun- be throughout-Coun- tion shall held legal ty, to the ty, purpose submitting purpose submitting le for the of county proposition gal county proposition voters of said said than containing beverages more whether beverages containing whether more than 1%) of per per (½ 1%) one cent one-half of one one-half of cent Q/¿ three than alcohol alcohol volume and not more three volume and not more than per alcohol (3.2%) per cent (3.2%) two-tenths two-tenths cent of alco sold, manufactured, sold, bar- hol weight may weight may manufactured, be furnished, tered, bartered, given away given away otherwise or fur otherwise county. nished, transported, transported, or received received in said proposition county. the bal- proposition The stated on will be will be stated on lot as: ballot as: adopted County Option County Option adopted
Shall the Law Shall the Law be (or effect”) (or longer “abandoned and no “abandoned and longer effect”) no - County? in-County ? This-day-, This-day-, 195—. 195—. County Board of County
Board of Commissioners, Commissioners,
Chairman Chairman Attest: Attest:
County County Clerk Clerk Such shall be sub- Section 3. Such sub- stantially following in the stantially form: following form:
Petition Petition To The To County
Board Of County Board Of Commissioners Of Commissioners Of - --— (cid:127) County, County, State Of Oklahoma: State Of Oklahoma:
We, undersigned legal We, citizens and undersigned legal citizens voters of the State of Oklahoma and of the voters of the State of Oklahoma and of County -, respectfully -, that County order respectfully order that proposition the hereinafter proposition described the hereinafter described legal be submitted to the legal voters of said be submitted to the voters of said county approval county approval state and for their state for their re- rejection special called jection special at a election to be election to called and provided, provided, and held as in this Act and each held this Act each of says: says: us himself for himself us personally I signed petition; personally have petition; I signed have I am a legal voter of the I legal State of Okla am a voter of the State of Okla- - - homa County County and of and am le homa and of and am a le- gal registered county voter and registered in the writ: gal voter and writ- name; my ten my name; after my my post residence and ten after residence and post correctly my correctly office are written my after written after office are name. question name. The we question herewith submit The we herewith submit to our ’ to our fellow manufacture, voters is: Shall the manu voters is: Shall fellow facture, sale, barter, sale, barter, giving away, away, fur giving furnishing, rev nishing, receiving transportation transportation ceiving. beverages of- *11 per containing than one-half of one one-half more containing more than
beverages and (½ 1%) cent of of alcohol of alcohol volume per 1%) of (½ of one cent per not more and two- than three and two-tenths than three not more volume and pro- weight (3.2%) cent be weight of alcohol of per alcohol (3.2%) tenths cent (or permitted, time hibited at that if at time prohibited permitted, if (or be - County. hibited) County. in- prohibited) - - Name Name - - County County - - Residence Residence Post Office- Post Office- (If city, street and city, number) number) and (If street sig- (Here sig- follow 20 numbered lines numbered lines for (Here follow 20 natures) natures) dupli- Section dupli- 4. petition be Each petition Each shall shall be
Section 4. cated for and securing signatures securing signatures of and cated each sheet attached for signatures be shall be attached signatures each sheet for shall copy sign- to a copy Any person petition. Any person petition. signing petition name other such with ing petition with name other such than his signing than own or signing his his name more name more than own his or duplicate petition there- than once to petition duplicate the same once the same thereof, petition of, petition signing he is not such he signing such when when felony. legal voter, is not a voter, guilty legal guilty of a felony. peti- any such Each sheet of Section 5. Section 5. peti- Each sheet of signatures be verified containing tion tion containing signatures shall verified substantially thereof on back on back substantially the fol- thereof cir- following form, by person who lowing form, person by the who circulated petitiоn by his or her culated sheet or petition said sheet or by his affidavit or her part and as thereof: affidavit thereon and part thereon as a thereof: Oklahoma, Oklahoma, State State ] _ ss. . County County of-. I of-. say: sworn, duly -, sworn, say: first
I, -, being I, duly being first typewrit- written legibly legibly typewrit- (here shall be shall be written (here sheet), signers signers sheet), the names of the names of ten ten petition, foregoing petition, foregoing this signed signed sheet sheet there- name signed his signed name there- each them and each of them his each has presence; I my presence; my believe each I believe that to in ad- county, post office name, name, county, post office his stated his stated has each correctly and correctly and that residence address residence dress of Okla- voter of State legal signer legal is a voter the State signer each County County of-. homa Oklahoma of-. post affiant) affiant) post office of office
(Signature (Signature sworn before me this and sworn before me Subscribed Subscribed - of-, of-, A.D. (cid:127)-day day 19—. A.D. 19—. of the officer be- officer title title of the before (Signature (Signature made, made, post post and his and his office whom the oath the oath is fore whom address) address) office with Each 6. Each filed when filed Section when with stamped stamped with county clerk shall be with clerk shall used filing and shall not and shall not be filing dаte of be used date of *12 any any a basis for calling after election after calling
a of election the of basis for the pursuant the first pursuant thereto. election called thereto. the called first election person per- petition per- No person petition be shall be signing No shall signing it mitted to it have withdraw name or have his name his mitted to withdraw or taken from same shall taken after same shall such after from such Provided, Provided, have been have filed as aforesaid. been filed as aforesaid. any proven signature name the proven signature not to be not to be name person person sign the same and purporting sign purporting the same to proven legal legal name to be that of proven not to be that not name voter county county counted of said be counted voter shall be shall not of said petitioner. as a petitioner. as a held Section shall not be The shall be Section 7. The election election primary gen- day primary held on the day on or same that a or same county county general nor eral in said in nor election is held election is held said thirty days days preceding or within or (30) preceding (30) within next next thirty primary general following primary general or election. election. following such such pursuant pursuant to this shall be held No election shall be held Nо election county county once Act in oftener than oftener than Act in same the same every years. every years. in once in (2) (2) two two made has
Section 8. When an order has been Section 8. When an order by County by County made the Board of Commissioners the Board of Commis- election, election, holding it be an it holding for the shall sioners for the county county duty duty clerk cause a shall be the clerk to copy published copy published be once a of said order to cause a order to be of said (3) week in (3) for three consecutive weeks once a consecutive week for three newspaper weekly daily published weekly daily newspaper some weeks some county, published general general circulation said circulation said and of publications county, being not less publications the first of said being first said days prior twenty (20) days prior than to the date of twenty (20) not less than newspa- no election. If there be no such such date of such If there be such election. per published county, proprie- published county, newspaper or the in the newspaper publish tor refuses proprietor newspaper of such refuses advertisement, by advertisement, said notice shall given publish notice be said shall copy order less posting a of such in not by copy of such order in not given posting a conspicuous places (5) places than in each conspicuous five (5) than less five twenty precinct county (20) at least twenty precinct county at least each days prior to the date of said election. days prior said (20) to the date of election. publication or shall posting posting Proof publication Proof of said filed with clerk. county clerk. be filed with the proposition proposition 9. The to be voted The Section 9. to be voted upon the ballot shall be stated on without upon be stated on ballot without spaces upon the spaces emblems and two left and two left emblems same, same, favoring right side one for votes favoring one votes side of designated proposition designated proposition to word, “yes,” opposing one for votes it word, opposing for votes “yes,” and one word, designated by the “no.” word, to be designated “no.” to be by a his vote designate designate vote cross his a cross elector elector shall yes placed opposite opposite the said placed yes the said mark' no. or no. mark the election the time of bev- the time of the election Whenever at Whenever at bever- legally county, erages being sold being legally county, sold ages are *13 proposition proposition the form of the shаll be thus the form of the shall be thus stated: stated : County adopted Shall Option County
Shall be the Option adopted the Law Law be in-County in-County ? ? Name Name
( ) ( ) Yes Yes ( ) ( ) No. No. Whenever at the time the election the the Whenever at the the time election County Option Law is in effect the coun- County Option the Law in effect ty, proposition the form of the shall be county, proposition form shall the of the thus stated:
be thus stated: County Option County Shall the Law be aban- Shall Option the Law be abandon- - ed doned longer longer in effect in no no in effect in-Coun- ty?, County? Name Name
( ) Yes ( ) Yes ( ) ( ) No. No. election, including election,
Section the 10. The including 10. The the ballots, counting canvass and shall and counting ballots, the. canvass shall provisions be held in be provisions accordance with the held in accordance with the State, general general State, election laws of the the election laws of the pertaining and the duties of all officers the duties of all officers pertaining upon thereto shall shall devolve shall thereto devolve and shall be performed performed by by each of them in relation each of them in relation to general said election the same elec- election the general as same as in elec- tions, tions, may by except except be modified by as same as same be modified inconsistent with the terms of Act. inconsistent with the terms of Act. by election cost shall borne cost of the election shall be borne county paid by county paid and allowed and in the and allowed and expenses same manner expenses as costs same manner as gen- costs and general eral elections. elections. Any Any
Section 11. act or deed denounced Section 11. act or deed denounced by general as an offense general laws as offense laws concerning general State general elections State concerning elections shall al- be an offense in also elections held under so be an offense elections held under provisions punish- this Act and shall be of this shall be punished provided provided the same manner as is ed in the same manner as is punishment punishment of similar gen- offenses of similar offenses general sixty laws. Not more than eral (60) sixty (60) laws. Not more than thirty (30) days prior thirty prior and not than (30) days less less than to an any group committee, to an election election group citizens or citizens or adyocates committee, good good opposes which in faith which in faith advocates opposes proposition proposition submitted, may to be sub- to be file mitted, may secretary secretary county file with the of the with the election county petition asking petitioners election board a board asking that such petitioners recognized recognized that such as the as the committee entitled to appoint appoint challengers challengers committee entitled and watchers to act places to act as such at polling and watchers the various as such as various places throughout county. polling county. throughout If If more than one group or right more than one committee claim claim group committee recognition repre- recognition representing respec- to such such by filing opponents opponents tivé respective filing petition, Senting the such hoard county election petition, promptly election board such de- promptly publicly publicly announce cide decide and announce which commit- to nominate tee is entitled committee is entitled challengers to nominate such Such de- challengers decision, however, and watchers. watchers. Such final, cision, however, *14 final, but shall not shall not he be any party aggrieved but proceedings may party may institute aggrieved county proceedings institute in the court, court, county upon hearing and and county hearing judge n county which of judge shall determine determine which of such committees recognized. such he be recognized. committeеs shall respective respective Section committees Section 12. The committees may advocating proposition advocating or opposing opposing proposition or appoint person appoint name a to as chal- name and person act act as chal- to lenger person lenger person watcher at to act as and a act watcher at to pre- any said said any precincts election at each or of election at each or of the county; challengers cincts in county; in said said said challengers said and watch- writing to be commissioned in ers watchers to commissioned in writing such committees, perform committees, such the duties perform and to and to the. duties powers governed powers and be exercise the exercise the governed and be by the relating challengers relating laws to the laws challengers to and watch- n at general general watchers at elections. ers elections. respective
Section groups 13. The or respective Section 13. groups preceding mentioned in sec- preceding committees committees mentioned in the may, may, tions within and in the the time sections within in the time and provided by provided manner with refer- statute manner by statute refer- with county gen- ence candidates for office in to ence to candidates in county gen- for office elections, eral elections contest the announced re- eral re- contest announced sults of said election. Such contest shall of sults said election. Such contest shall he heard and determined in the manner in heard determined the manner provided by provided by statute reference to such statute with reference to such with county contests for office. county contests office. for Upon day Upon day Section 14. each that an elec- Section 14. each that an elec- provisions tion is provisions held under the this of tion is held under the of this Act, sell, barter, Act, sell, barter, it shall be unlawful to shall be unlawful give away, away, or otherwise furnish such give furnish such otherwise bev- beverages county erages county within the in which such within the in such n (cid:127)election is held. election is held. majority majority
Section IS. Whenever a of the Section IS. Whenever a of the votes cast at an be in election shall favor cast at an election votes shall be in favor n adoption County Option adoption County Option Law Law county, county, in said in said law shall full said law shall in said full force and effect from an after the ex- force effect from and after the ex- piration thirty days (30) piration thirty days (30) from the date from the date (cid:127)of said election. of said еlection. majority majority
Section 16. Whenever a 16. Whenever Section votes cast at an election in favor of the dis- cast at an election in (cid:127)votes favor of the County Option County Option continuance Law discontinuance Law county, having pre- county, law having pre- such said been said law in such ’ therein, therein, viously viously said law effect in effect said law shall operate county operate county in said at the ex- cease to the ex- cease piration date days from the piration thirty (30) thirty days from the date- (30) of said of said election. election. provisions
Section 17. Whenever the 17. Whenever the have effective Act coun- become have become effective majority ty adoption through through by majority adoption vote duly registered voters legal legal duly registered vote of the of such any county, for county, person it shall be unlawful it shall be unlawful barter, manufacture, sell, give away, person barter, manufacture, sell, give procure for, procure furnish away, for, or otherwise to an- furnish otherwise barter, dis- other, another, keep sale, barter, for sale distri- keep directly furnishing, directly furnishing, or otherwise bution or tribution otherwise *15 any the of indirectly, county, in or such indirectly, any bev- county, in such It shall beverages in this Act described. erages fur- in It shall this Act described. to any person for furthеr be unlawful ther person trans- any to unlawful for beverages said transport any in of such port county, any beverages of such in said county, except of continuous in course except transporta- in continuous course of beyond the transportation point from point tion said beyond from a the limits of manu- county, the limits of said where county, sale of where the manufacture and may be beverages facture and sale of said point beverages may legal, said said legal, point beyond limits of to a the beyond county such the where limits said of may law- county also be such sale where sale license for may also No be lawful. or the manufacture No license for ful. beverages the of such manufacture or sale county shall of in beverages sale such such county in such be issued. shall be issued. unlawful’ Section 18. It further be shall unlawful Section 18. shall further be It any person representing for either representing either any person for distribute, buyer or re- solicit or or seller distribute, buyer solicit or seller to contracts, for proposals for ceive or orders contracts, proposals or orders receive purchase, delivery in coun- delivery or such in such sale purchase, or sale ty any beverages. of of such beverages. county any of of such any any for It unlawful for Section 19. shall be be unlawful 19. shall Section accept accept person county in such to receive or county or to receive person in such carrier, carrier, any common beverage such from a beverage common any from a such person trans- any trans- who has person has or from other who other county. county. ported beverage such into such beverage into such ported such in- Any person knowingly or knowingly 20. Any person Section lending, intentionally, renting, letting, lend- letting, hiring, renting, hiring, tentionally, using of or us- leasing permitting of or the use permitting ing, the use leasing or vehicle, vehicle, ing any motor motor other automobile other any automobile or same, purpose same, purpose hauling in used hauling used unlawfully manufacturing, selling, unlawfully manufacturing, of trans- selling, trans- of beverages beverages possessing viola- possessing porting viola- porting or Act, Act, guilty guilty main- of shall of maintain- shall be tion this tion and of a public ing public and of a viola- nuisance violation of nuisance taining a Any Any property property so Act. this Act. used shall be- of this so used tion Oklahoma, forfeited to the forfeited to the State come State become 'Okla- shall an action to declare such homa, an action declare such for- forfeiture may be instituted in the name of name be instituted State- feiture Oklahoma on relation relation of the of Oklahoma on county State attorney Attorney attorney Attorney or the Upon or the General. General. forfeiture, Upon forfeiture, judgment of the court court judgment of property. property. direct sheriff sheriff sell the Said sell direct Said sale manner sale shall be had the same manner as shall he had in the same sheriff sales under execution. as sales under The sheriff shall execution. sale, pay pay proceeds proceeds of said first out of the of said first out of the sale, sale, sale, any deducting after costs valid deducting after costs prop- property bona fide lien on so valid bona lien on the recorded fide recorded erty power, sold. The in its power, have Court shall have so sold. The Court shall discretion, subject subject discretion, to order a sale to said to order a sale prop- any property so lien or liens. No lien on lien on said lien liens. No paid prior erty paid sold shall he unless recorded unless recorded so sold shall nuisance, nuisance, except prior committing committing of said upon proof he lienor that he had no except proof by lienor knowledge illegal prop- such illegal had use of such use of knowledge no of such erty. property. prohibitory Section 21. Whenever prohibitory Section 21. Whenever the provisions adopted adopted Act been have of this have *16 county, pro- any provisions in any county, in liquor hibitory laws of the State of Okla- hibitory liquor Okla- of the State laws shall, penalties provided and therein homa penalties provided homa therein n shall, specific provision specific pro- in the absence of in the absence of Act, equally applicable in coun- Act, applicable in said equally this vision of this manufacture, barter, barter, ty sale, manufacture, sale, distribu- n distribution, tion, transporting of furnishing or furnishing trans- or other other Act beverages this described. in in de- porting beverages this Act scribed. any section, paragraph, 22. If Section section, any paragraph, If Section 22. phrase this Act shall be de- sentence or Act phrase of shall sentence or this any for rea- clared void unconstitutional any or void for declared unconstitutional jurisdiction, final court of son jurisdiction, by any court final reason any way not in affect remain- n suchAct way affect sections, sentences, or paragraphs, ing sentences, sections, remaining paragraphs, phrases Act, con- but the same shall n Act, phrases but same of this full tinue in force effect. effect. in full force and continue parts 23. All Acts and of Acts Section parts All of Acts Acts Section hereby repealed. are conflict herewith hereby repealed. conflict herewith are being immediately 25. It neces-
Section public preservation sary for the safety, peace, emergency is health and an exist, by hereby reason where- declared Act shall take effect and be in full of this ap- passage from and after force proval. question develops me that the real orig- demonstrates So for
This person merely copy May is: pre- did fact our determination sponsor inal “Proposal” copy writing pare which in “Bill” as a to be all it? Legislative popular truth verbiage vote. substance is in to a and in submitted act, the same shall continue in full force bill, or a en- fact a adop- and effect.” it voted actment and have The amendment? tion as a constitutional Act or And we observe that the so-called question af- majority answers Proposal provides in 23 as fol- it in the answer firmative, I would but : lows negative. parts “All Acts and of Acts in con- clearly apparent that hereby repealed.” it is
To me flict herewith are “Proposal” matter contains so-called proposal expressions These right to sponsors had no sponsor or wholly foreign anything that could be- incorporated the Consti- into have seek to properly in a constitutional amend- set out identical tution, course this though of ment, they directly contradict adop- matter have been could рroposal contention that this could be sub- legislation. an item of tion as mitted as a constitutional amendment. Petition Initiative proponents of the quite apparent Thus it is that this writ- anything people submit argue ing prepared or matter a “Pro- named like, they as an amendment either posal” sponsors purely leg- was adopted provi- as a Constitution, or to be islative Act in its form its- sion of the statute. proper proposed’ substance was to be as a constitutional amendment. contention, Generally, with agree we that, applica- that it has no but I am convinced majority opinion states “hav- that a satisfied here because I am tion ing that sections 22' concluded numbered has no sponsor an initiative measure surplusage, and 23 are neither add to' all material prepare that which in meaning nor from the subtract and effect *17 an amend- is in truth and in fact substance amendment, proposed said sections- it ini- ment and have to the Constitution be, numbered 22 and should and the- upon purported a statu- tiated and voted are, hereby peti- same stricken from the hand, provision. I am tory On the other tion.” sponsor a of an Ini- convinced that such If that conclusion is correct then it right prepare has no to tiative Petition striking would follow that the order these is which in all material substance matter help sections wоuld neither nor hurt the pure legislative a en- truth in fact and proposal. merely actment, naming his it a sections, However, I think these two amendment, statu- constitutional have such pro integral part an constituted upon adopt- tory perhaps matter voted posal it was drawn when and remained so- part a generally ed into or as Con- petitions signed when the were and when stitution of the State. approved by the overall was the- pro- line of It is shown first State, Secretary of and when the cause- posal proposal here involved refers to the presented court, was in this and that said proposal and that the as “An Act” refers sections further demonstrate the serious many act to itself as an instances impropriety, think illegality, and I many pro- throughout sections of proposal as and for a constitutional1 posal, pro- the act or the so-called amendment. posal provides in 22: deny This court reluctant to the peo- section, any paragraph, “If ple sentence of this State any to vote on phrase of this shall be proposal vote, or declared submitted their but no- or authority unconstitutional void rea- is shown which give would us. by any jurisdiction, final power change court of son an Initiative Petition- any way shall not in such Act people affect and submit to the vote of the sections, remaining paragraphs, posal to be voted on as a statute when the- - sentences, phrases Act, or of this but Initiative seeks Petition to have it voted Permanency aas amendment. “Sec. 4. and General- it, ity. would converse also be true. As I see outstanding char- —Two nothing whatever can be done acteristics of unless American Consti- except sponsors permanency that tution are generality. of Initiative Petitions proposal draw A their merely so each one will Constitution is intended not be in truth to meet existing conditions, fact either an amend- tO' but Constitution, govern ment or a future. has adoption statutory law, so that the term implies that the clear ‘constitution’ separation may preserved, permanent of the two instrument of a nature. people adopt may so that the freely “Since it recognized statutory vote, may items law their framers of a Constitution cannot an- adopt amendments to the Constitution ticipate may which arise conditions vote, their but may required either progress thereafter in the .of na- permitted commingle confuse tion or all establish the law which great two to the detriment or damage, may necessary time to time perhaps destruction, Constitution. changing conform to the conditions
In 11 page Sec. it is community, as a rule a Consti- A'm.Jur. stated: details, tution does not deal in but general princiрles enunciates the Generally; “3. Distinctions from general directions are intended Statutes.— apply to may all new come facts “A Constitution differs from a stat- being brought into and which
ute in that provide, statute must within general principles these degree, certain least details ** directions *.” subject treats, whereas which it usually general Constitution states proposal completely If this which is so principles substantial builds or a bill in an Act all of its form general foundation framework of bodily be set and substances could into the and government, the law Statutes are as a Constitution so-called constitutional govern- enactments and rules for the amendment, then so could one all conduct, promulgated civil *18 of ment many Legisla- of .our enactments of the authority the of a legislative state. ture, many or the “Bills” there- introduced important is characteristic such of in, passed. but not tentative, they that are occasion- laws many the of Of course of our al, temporary the of ex- and nature statutes, substance, could be voted into Constitutions, pedients. other on the our if the substance Constitution thereof expressions hand, sovereign are of the to be be drafted and constitute an actual the structure in relation to will section amendment or article some to and distribution government, extent or so as to the Constitution constitute a рrinci- powers, the modes and of its thereof, new section article but certain- operation, appara- and ples its ly say is legislative not to that that proper checks balances tus of and bill, original its and from substance as integrity and continued insure its ex- “Bill” be voted into Con- primary, Constitutions istence. stitution. sovereign being commands “ * * * duty support, tó establishing governmental obey, ma- Our ** * the general the most rules Constitution chine and for defend * * *” Oklahoma operations. Statutes are second- State set out in IS, 1, ary, being sovereign (Art. of office the oath Sec. commands Okla- requires Constitution) exigencies homa that we having reference to the place resulting from tect Constitution even time and the or- proposal this, of such a as dinary working machine.” chance lest un- 158 impair case, supra, In the Roach Missouri we “amendments”' guise of
der the pertinent language: of Court used this usefulness necessary efficiency and State. law of our this fundamental brings “This us consideration petitions presented accept- Consti- our be that must is and The rule Secretary filing ance and will at may be amended tution petitions State. While these are named only done State, it'must but ‘proposed and called amendment to do amend which can proposals Missouri,’ we yet the Constitution of legisla- Constitution, mere never allegations peti- take erroneously named tive bills upon tions cmd what is shown amendments. face as constitutional them finally must determine their 160,it is 14, p. Sec. Further, in 28 Am.Jur. character; is, nature and whether stated: or not isit in fact an amendment under initiative “Any action taken purely Constitution or is a legislative ” * * * they are contained provisions, 429, act. 230 130 Mo. S.W. statutes, must, of constitutions 693, Am.St.Rep. p. (Em- 139 course, comply Constitutions with such phasis supplied.) instance, Consti- For and Statutes. proposed constitutional “That initia- by an amended cannot tution purely legislative amendment is but a in its char- legislative which is act tive enactment, opinion, plain in our is too ” * * * supplied.) (Emphasis acter. require only argument, and will Roach, v. Halliburton moment’s consideration convince the ex rel. In State 689, Am.St.Rep. subject. 139 most credulous 408, 130 S.W. 230 Mo. ” * * * 693, 430, 230 Mo. 130 S.W. held: it was Am.St.Rep. 648. 139 Amendments “Constitutional “The line of demarcation between a Distinguished. Legislative —The purely constitutional amendment and a constitu- between a demarcation line [Citing legisla- act is well defined. purely amendment tional page 432, 130 Mo. at Constitutional authorities]” is defined. well act tive Am.St.Rep. page S.W. at relate amendments provisions and page 649. fixed certain law and fundamental “ government * * * upon which principles first petitions themselves as permanent, uni- founded; they are respondent presented clearly in- universal, amend- can bе form the so-called dicate that only according revised ed nothing amendment more nor less ” *19 139 Am. ** therein.” contained temporary legislative than a act. St.Rep. 640. (Emphasis supplied.) therefore, repeat peti- Referendum. —The “We And “Initiative pro- propose, Constitutional tions in this case do not within between Distinction clearly purview of the Constitution and acts is and visions state, by the initia- of this an amendment distinctly recognized laws and 435, 230 Mo. to the Constitution.” 130 amendment S.W. referendum tive Am.St.Rep. provi- 695, page separate at by express 139 constitution, adoption 139 of each.” for sions “Obviously determining the nature Am.St.Rep. 640'. character of measure petitions presented Constitution, like Missouri in the to the re- Our provision spondent, subject must separate we look to the Constitution, for makes they with which deal. The amendments matter mere initiating calling an amendment statutory it to the Consti- amend- legislative acts tution, subject-matter unless the veri- ments.
159
name,
the correctness
has been drawn
jurisdictions
in certain
fies
binding
upon
respondent or
either
changes
where
in the Constitution
(Emphasis supplied.)
court.”
statutory
may
law
made
referendum;
initiative and
the rule
phrases,
2, p.
seq.,
et
Words and
Vol.
9
has been
prop-
annoimced that matters
and oth-
cites numerous decisions from this
erly belonging
statutory
law can-
states, dealing
er
with the definition
not properly be
state
inserted in the
quote
word “Act.”
fol-
We
therefrom as
(Emphasis supplied.)
Constitution.”
lows:
ute.’
[*]
Cas.
“The
[*]
[pp.]
United
[*]
word ‘act’ is
1167,
States v.
1170 [No.
equivalent
Smith,
27 Fed.
16,338]
‘stat-
ther held and stated as follows:
pra (230
690,
In
139
State ex rel. Halliburton
Am.St.Rep.
Mo. at
page
421,
page
stitiition. sense, ordinary view. plain and used in their have and, petitions opinion, the in our respectfully dis- For the I reasons stated put the Con- no to undertake mаjority “pro- holding sent that this or- stitution, as regarded is posal” quoted proper is to be sub- above state, permanent
ganic and law of the adoption a mitted for providing for the legislative acts mere amendment. * * * powers. exercise certain say I am authorized to that DAVISON words, petitions “In other ** JOHNSON, JJ., concur herein. reason, sufficient, legally peti- subject with in the dealt consti- proposal tions are ” * ** (Em- tutional amendment.
phasis supplied.)
Another this initiative serious fault of
petition, sig- as drafted and circulated for
natures, peti- uncertainty lies in tion, very that it could well and the fact VALLEY, PAULS an Okla- CITY OF Municipal Corporation, misleading confusing to the homa been have Error, Plaintiff Many might be signers thereof. v. petition adopt “pro- willing sign a Pruitt, posal” R. E. PRUITT and Audie State, not will- law of the but Defendants in Error. adoption ing to as a constitu- No. 37042. for con- tional amendment. There room is signed fusion here because if a voter who Supreme Court of Oklahoma. request only read Sept. 17, 1957. Governor, voter it is clear such a requesting thought submission he was the other constitutional amendment. On
hand, equally read it if a voter is clear that body measure, he would language contained
conclude from the request “proposal” signing that was he proposed legislative act.
to submit a argument
In oral in this case is conced- proposal carefully pre- was not
ed that this
pared possible to be submitted as a constitu- grave I think that amendment.
tional Originally great care was
understatement. drafting section of each
exercised in our Constitution. of each sentence generally true of each
That has subsequently adopted, and that
amendment that should characterize
is the least to our fundamental
proposed amendment perpetuated in our Con- out and
law as set proposal I that this is not find
stitution. critically improper proper, that it
all *21 proposed constitu- to end as
beginning duty to is this court’s amendment.
tional