*1 re No. 138 285 ing Yearger, thereof. regularity in the matter of notice or waiver decreed void because no notice whatever had prayer courts sued to him held for until set annulled tor. No tiff order purpose, R. report, and the order of the court notice. The a or waived. As such a Yeanger simply collateral attack even on the facts, to collateral attack. Nygaard, decrees does not conclusively presumed ings. mine shown on collateral attack. doctrine that courts of 23 presumption would follow nothing but not The heirs hall 110. Without notice the heirs are not tate given by waived the notice. tion. As quasi jurisdictional The matter of judgment In some Yearger Strong, Boeing Green, acted judgment in error on quasi given. courts (Cal.) such (S. D.) appointing Yearger sphere, and the where the court Howell v. having incorrectly Curtis granting being bound, finding reasonable and we observe from the record that naught, as to 528. view aside, service of jurisdictional be treated as valid until it was facts and ordered might .as et the court 52 Pac. appointed good faith, jurisdictions, This statement appointment administrator, apparently is affirmed. Minn. 30. 104 W. v. al., though notice, allowed these contrary granted was valid and page Cal. proceedings brought letters of administration are and all his acts thereunder on the face of the notice, all Budd, Underwood have record, N. court. found the generally Yearger to file 815; revoked, made, disbursements, 663; what was 3 of summons erroneously Had and not in the intents and Fed. fact; may revoking Green as administra- to be valid as See, also, fact, appeared is entitled to credits had seems fact could not have been TER, HUNT, In re Griffith probate jurisdiction want jurisdiction 250; and the Blackman Mul pursuant Cal. 51. had been no ir- that notice it is not power stated ground Towmbley’s set disbursements, Yearger (Cal.) order clear that Garrett et binding their record shown case from this. in a jurisdictional the order of appointment a waiver of 342; jurisdiction determined aside, Hanson v. letters purposes, by plain- his be cured that the appoint- findings for that proceed that the remedy? civil ac v. 36 thereby against subject Matter James bound, (Cal.) must, deter hav- final Pac. Es is- al. written natures to such person, 3. Same—Verification purport or sworn ment whatever. tition, pared sound since or citizens proposition of signed by of 2. Same — pliance providing desire dorsement: State office of sell, City,” proposed MILBURN et al. v. STATE In re STATE Caulk Fraud and think the conclusions j £? The NICHOLSON. C. We are not 05 mO'" "§i lator. sons’ Own V2 P Immaterial. — ciency of * Statutes O /a y.Z Rehearing HARRISON, MASON, £C0 and cannot be Secretary. Bristol all v. with section copy of the therein predicated Secretary of electors, law Lowe, that “When appear in the circulate TIVE PETITION Necessity for before shall, it is shown -“Prepared void bv signatures Opinion x i-*.-0O oí persons Filing QUESTION No. Handwriting. unmindful of the (cid:127) Denied ASS’N al. n I—* 10 ccc"* GO >—l [25] * 74 (Syllabus.) alleged i-l CD CO the same file a nature, O'** CLARK, JX, ^ upon allegations Okla. X, —Indorsement w considered oo? ^ initiated, .to Filed of Petition et . BE a citizen March dd§ require true and handwriting Signatures in Per- distinguished bear 191, O * * * Cl ANSON, is circulated n ' Jan. “O reached PHELPS, LES- bearing Campbell No. 89. c¿ S o TAXPAYERS in strict is filed containing 178 . CO S m 138, any indorse- <N ^ filed 1 ^ initiating a concur. w CO exact Q, 1926. by Circu- ^ ... Pac. V. C. of fraud. INITIA by the State,’ 1926. citizen therein Suffi- Fa copy Copy Rus- sig- 101, So X, *2 average taining of rate ad tax valorem comply substantially petition, said with section said requiring gross pro- in this and state 1921, Comp. and 6629, Stats. pro- duction tax shall and rates conform be disregarded. petition must be portionate thereto.” Ad- 4. Post Office Same Omission August And in 26th was dresses. petition Secretary the office of of State petition pamphlets cer- purporting contains an initiative contain the signatures post officeaddresses tain with the legal 45,436 Ok- therefrom, are not omitted ordering lahoma, proposed law 6625, compliance with section in shall be voters of submitted disregarded. 1921, and must be rejection approval at the state for their throughout next election held (Same 5. Ad- Street Statute —Intent legality state. sufli- Protest as and Indispensable. dresses not filed, up- ciency duly petition was requiring The aim of correct statute hearing on the overruled Secretary of State pe- addresses of initiative petition legal and protest and found the protestant tition tois enable a finding sufficient, ruling from which signer tion to for trace prosecuted. appeal determining qualification reasonably and and if can this requirements be objections pre-> petition are fairly done, will to such although met, protestants’ in several sented have been street brief living- petitioner, divisions, house number of the separate heads distinct incorporated city, may in an given. not have been unusually opinion making at the risk of up protestants' shall voluminous assignments take objections of error or Validity 6. Petition Circulated Same — present- are- tition in ed ed order in Minor. which rais- questions therein and one govern- Since the Constitution and statutes proced- one, hope the initiative and referendum do operation qualifications eligible refer- initiative and of our define the ure and. those circulate a ers, or thus for the of vot- Constitution law as found endum statutes terpretation any claim, allegation, the absence of easy in- plain and made be proof irregularity, not the names fraud application by procured be will excluded privileges and themselves of its seek to avail ground was circulated proceeding, benefits. Before discussion by a age who had not reached the specific questions raised majority. clarity, interest Validity 7. Unaffected Fact Same — might first to refer it lights by be well to Compensated. Circulator was travel pathway we any-allegation the absence of in this reach arriving at the conclusions corruption, of fraud or the names of voters amplifying the opinion is illuminated. on an initiative will not be exclud- providing Constitution of our ground ed therefrom alone Legislature referendum the procure the circulator of the chapter 50, has names was a fair and reasonable com- application 1921, complete code pensation his services and referen- operation rtion, provision the Constit dum Appeal from Order State. said; thereof has . section 6652 Question In the matter of State No. prescribed procedure herein ruling Initiative No. Prom “The will substantially followed mandatory, but if Secretary overruling of State aimed the end sufficient. If protest of L. J. Milburn et al. to fil- sustained, procedure shall be attained and ed State shall, be errors clerical and mere protestants appeal. Affirmed. ” disregarded. Hayes, Richardson, S. W. D. A. and A. No. Initiative Petition And W. Gilliland, appellants. Question No. 127 Pac. Okla. Campbell court, Russell, respondents former Dunn, Chief Justice has titioners. questions raised PI-IELPS, 28, 1925, May On J. disposed of. the' case bar filed in the office of of State sufficiency In that case the of a certain initiative entitled: attacked, order Question “State Peti- No. whether ascertain 89; providing No. the ascer- act re State writing the.petitions purported best distinctly, legibly, materials to permanently attach places were residents ibe their names of tbe to. All things proper addresses, as tlieir letters noted and taken in consideration in the -±,- signer were mailed to thereof each administration of this law. It can made n undelivered; letters were returned effective or defeated charged officers 9,120 names neither in the with its administration, county given nor affidavit it, destroy, sustain rather than if it can resident, was a accomplished law. The *3 required by sumption the names were petitions not verified is that which are circu- lated, signed, objections People overrul- all and filed are statute. These ed, were opinion valid. peti- interested tions, the circulators of body in these the the the of sign them, the others who are following language: used the acting legislators. in capacity the of face, petitions, “The on their show that largest legislative body are members of the they very cir- great have been a extent state, to and, in acting, the where in so so do peo- generally among all classes of public culated a quasi public capacity, ator a least them, signed by ple, evidently had been acting presumes and when the the farm, shop, street, the validity the at acts, legality their of even writing materials and as well as where though it should be claimed that were until pam- Nearly acting the venience all coincided. simply private capacity, in a signed phlets ordinary lead acts, with have proof, been involving overcome their the that, and, pencils, performance be conceded while o:' ministerial or administrative counsel, party duties, in circulating instances cited performed such in as these the cir- legibly copy filing railed lo petitions, culation and of these are presumed within this, name his affidavit legal to be and not fraudulent. * * * in of any other absence of judg- disqualification signers, in our of ru'esumption “The ment, noted is further for us sufficient to hold strengthened by pro- stringency state of not a ol’ voter * * * People presumí visions this of act. are not Oklahoma. conjecture, ed on mere with semblance dealing “In we have of, above with pr< felony of to have committed whole- objections urged sale, this have especially denouncing with the act petition, carrying out we are believe that staring right them in the face. These spirit policy very this in of the law the tions, to, therefore, there- adopt- people in tended of the state presumed valid, are right legislation ing it. in The direct of sumption filing of State objections obtains on the of people by the officers administered Secretary in the office charged duty in * * * manner as with that signed who We affidavit can them have are voters. operative. restric- If make mean to that the circulator’s hold placed constructions tive are laws with, dispensed but governing the initiation and submission destroy technical defects therein will not measures, purpose policy * * * these peoifie establishing in will the same be entire- ly defeated, becoming “Therefore, an ef- fact, standing alone, and instead evils, parties fective measure for relief under letters addressed of- suffered, greater have heretofore there will fices returned num- empty naught shown, shell and a ber than continua- here that more than conditions for which'relief was named as residence sought. people petitioners, transcribing manner has been The who these petitions a circulate for the consid- names to submit failed circulators citizens, legibly same, eration write constitution- fall fellow statutory category provisions al frr most the by clerical technical er- part, unquestionably pur- prevent rors and from the animated a do not end aimed attained, signers thereof, errors, pose them statute, least, appears good. at the the mandate Those circulate our disregard.” necessarily will drawn from who, ranks of or those a volunteers very various consideration, rules this case small call attention approval propos- have since been cited with fellow citizens to the measure ed, and their interest therein. Neces- solicit followed a of instances safeguards sarily, even with California, best court as well as the courts thrown around circulation number Washington, may, Mexico, New titions, large such a names well- have become the said to required, and technical de- are parture inaccuracies governing established law in matters prescribed forms certain Then, rules considered. with these circulated, every occur guide proceed us, will mind to often, people The not appeal. questions presented by generally, both convenience lack Oklahoma Re Initiative Petition 1921, provides Section legal presumption inis favor that: genuineness per citizens, citizen, “When cir- desire to purport sons whose evidence was petition initiating- proposition culate a a' at bar the case- introduced any nature, whether become statute law sufficient, our to overcome Constitution, or an amendment or for presumption establish invoking a referendum invalidity legislative contention as names. enactments, such citizen citi- shall, zens prepared, when the Section and before same prohibits any signing any is circulated or name other by electors, copy file a true and exact than his own to Secretary the officeof of State.” 35, 78 Okla. Referendum Petition No. it was of- disregard appearing fice of instant following Therefore, case bears the that as ed. conclusion indorsement: sub not been a 848 names there has to these “Prepared Taxpay- and filed the State stantial ers Association, Campbell Russell, Secretary, statute, de mus-t be and these names City” Bristol *4 ducted from the number. urged by protestants —and is that pam- complain Taxpayers further State Protestants being not phlet petitions Laura Miss contemplation a circulated citizen within the of the names, Daugherty, containing oi 616 quoted, a total has no author- ity put of the that machinery op- initiative into appear thereon did purpose whose sign presenting eration for the Again presence. petition in her consideration regu- presumption is in favor of the state. Daugherty signatures, Miss larity but support of this contention counsel admitted stand and the witness took herself protestants cite a number of de- authorities circulating the she was while fining “citizen,” the meaning of word conjunction her worked titions she sister, holding providing that a statute she petition certain a citizens li- others, her sister titions liquors might cense granted, sell intoxicating completed cer- she thus when tified qr may peti- that certain citizens sign- having been -as them all change tion for a of the boundaries of Upon admission presence. her own in her ed districts, may, school or that citizens certain signatures are portion clearly those a byi petition, election, pur- call for school they were invalid for'the intended. She tain pose levying tax, or that definitely cer- testified may sign only but, petition; a referendum names, were containing 139 pamphlets, it, ap- as we view these authorities her, entirely by admits but plicable case at bar and facts of the a number procured quite her sister do not sustain made here. contention being iden- able remaining names, applicable to sustain the con- her procured and she tify the ones except tention that no a a has one citizen Referendum procured. Re sister right petition citizen —a paragraph 35, supra, in the third distinguished firm, organization, as society, from a syllabus, said: this court clearly partnership; but is petition for referendum “A petition filed with the cir- person who signed and sworn State, showing upon face that its substantially petition does said with culated comply prepared and filed the State Laws Rev. section Association, Campbell Russell, Secretary, 6629, Comp. Stats. (which section is our City,” a substan- disregard- is Bristol petition 1921), tial de- with section ed.” fining necessary what to set Graves, St. 90 Ohio And in State machinery motion, since and under case .similar N. E. a required surplusage and not indorsement court said: similar by law. signa- knew that a “But if circulator is next contended part appearing ture pe pamphlet upon the 848 names signature genuine; that such if he knew not was not written per pres- not written titions which' were petition in his on the * * * notwithstanding they purport ence, yet, his knowl- sons whose willfully, corruptly, edge, intention- rule by another. Under were written re No. 138 ally perjured makes a post false and names with affidavit to ap- office addresses contrary, tile and the tlien affidavit pearing- worthless opposite signers, the names part to which contention, Which under the it is requirement attached fill the 35, supra, Referendum Petition No. Constitution, genuine signa- must be sustained and names elimi- thereon counted, tures cannot be ior the rea- nated.- son lacks the required by affidavit the Constitution.” eighth assignment er- It, therefore, ror, to the 477 follows great- far direct must be portion the total er and argument number. in their probably important which is their most Protestants further elaimHhat assignment error, contended a total of 53 appear names which failed to 5,045 signers names of o: the either on face of the in gave eliminated for the reason that affidavit these circulator, object various cities as their office addresses wholly counted. The evidence giving without the street- and fails, house however, to many disclose how thereof-. It will be that the statute observed 53 tion appear failed to on the face requires nowhere the street and house appear and how failed to number be resi- affidavit of the very clear, circulator. It is city, 6625, Comp. dent of appear name fails to 1921, lays down the form of the initiative on the although face “substantially” which shall fol- affidavit, the circulator’s can- - lowed, which form as follows: closes counted, not be that no reason names' can been be counted where the has not “Name_Residence__ name Office_, city Post inif street However, thereon. in the third and number.” paragraph syllabus in Re Initiative very earnestly urged by protestants It is 23, supra, Petition No. held that a *5 requirement this that must be followed legibly typewrite failure to write or the (cid:127) that unless names followed must be signers of the names the the many authorities, eliminated. cite back thereof will not be held sufficient which, however, entirely uphold none of the absence of other the to overcome contention, the presumption and under signers the that were at Re time citizens and protestants agree with cannot we voters of the state. our ultimate view of that. the street under all conditions however, herein, conclusion sary not is neces- signer house number of the question. for us to of this uphold Re Refer order to is It next contended there are four that 147, 172 endum Petition No. 68 Okla. completed pamphlet petitions containing a 639, this said: court notary public total' of 80 names where the requiring correct the statute “The aim of taking acknowledgment the circula- signers is to enable addresses seal, tor 'failed to his notarial attach sign- protestant er fication trace pamphlet petitions that there are other quali- determining purpose of taining a total of 200 names to which .the petition, and when the on notary attached his seal after i>ublic done, procedure of the cannot account titi<n had the office Secre- here, adopted substantial- tary with, none presumption is insisted that that ly complied quali- legally counted; and in names were those these should be destroyed.” prima facie fied electors assignment error sixth containing complain petitions pamphlet that authority, that how examination of from total of names a the total notary should be ever, house discloses the street and that that number the reason there, number was not under consideration public appears ac- have taken appears great that number January knowledgment of the circulator signers give failed to of the prior which was petitions post office address at these was filed. parts sent various were fair- come are with out-merit contentions City, these inH. filled to post Oklahoma contingencies ly within the guess addresses, apparently by offiee as work, that method wholly errors. or clerical petitions completing not a sub We, complain in the statute. further stantial Protestants with petitions pamnhlet anther cannot conclude 114-10 complain ity, although Protestants further that in quoted from, some ap by, cited instances minors parently protestants, supports relied signatures, obtain the contention. We under would a total procured, of 607 names holding and in- thus stood that under all conditions petitions. sist that because the were circu- valid with the street by persons age majority, iated omitted, house particularly number post these names should be No. au- larger addresses eliminated. were the .office cited, cities, thorities are to sustain this City, Tulsa, etc., such as Oklahoma contention, nor have been able find difficulty locating any, and hesitation we at tire without arrive wiihout his street and house would number conclusion great,-in that *th-is contention without case, legally even if not merit, particularly obliged so, view fact certainly it would be the allegation there is or claim of wisdom include street and properly were titions circulat- otherwise post giving house number in office ad ed, any allegations, and in absence complained' dress. But in prac the case proof, suggestion petitions even tically petitioners the whole fail give irregular, were otherwise know the street address are from the logic, why reason should Fairview, cities, Atoka, smaller merely be excluded presented Geary, Clinton, Hugo, Weatherford, Madill, signers by Purcell, one who had' Cordell, Mangum¡ Wynnewood, yet etc., majority. Sayre, attained and the record discloses that inquiry made (cid:127)- by protestants further It contended location petitions in these that a total should ex difficulty cities smaller in had no whatever petitions reason and from the cluded sign locating almost all instances developed in the er, and, indeed, from the record names were evidence procured number of many the houses instances are. petitions re circulators of great numbered and in a instances petitions. pay ceived giving such addresses found to that a circula- admitted number of received living country, be eral sev them compensation tors (cid:127) city. miles from the that a To hold work, for their that their it is insisted prohibited and voter citizen signing depended upon pay in the success no sense enterprise. Using hold that expression of counsel his name should not counted petitioner, em thus signer, merely in because he lives within an merely ployed furnish “hired to
corporated city where the houses are' not ” legs bring There the voter. named, numbered or the or that streets claim, slightest hint, not the is1 even incorporated his city officeis one1 *6 used, any corruption and in the fraud or was limits, and he city lives outside the any good reason- of see absence making would our a mock why procured should names of voters thus ery comply with a order to pro solely be excluded therefore, technicality. We, mere conclude by persons reasonable received cured who showing the evidence introduced compensation in circulat for. their services large the street and house num number of a ing the signers question ber of the of not sufficient given, was not overcome Finally, to at record discloses legal presumption the said of in this state the election last highest were at candi- number of votes received of and that of Presi- dates for office was for duty 528,420 Electors, totaling state. We conceive to votes. denial public duty, officers, charged to with that peti- necessary for the law it Under enforce, interpret, cent, apply, eight and administer per (8%) contain tion to fairly laws highest east, which number of votes impartially, subter without evasion or 42,273. and petitions filed instance would be exerting fuge find to per- and without effort 45,436, herein contained the so, refusing as the voters; and to excuse purporting from that sons and names- referendum deduct number which by per- Constitution substantial of our written to have been statutes, duty, as the be, said other than our sons .they purport did 23, supra, 477 who sus “to to No. Initiative Petition presence the circulator petition destroy, be ac if than tain rather gave affidavit, 27 who made the complished within the law.” Osage County County Weight Treasurer sustaining prop- trial court in all, this, demurrer address at erly plain- the act from which names, construed we should protestants the 53 add authority tiff asserted maintain the his .object upon suit, the demurrer such names either from emitted properly sustained. face from circulator’s County; Court, Osage from Error District 1,405 names, affidavit, we have a Worten, Judge. J. Jesse 45,436, num- the total from 44,- petitioners, remaining ber of we. have George Wright, Superin- Action J. required num- than more Agency, etc., against Osage tendent of Indian petitioners necessary ber of to submit County County Commis- Treasurer and question people. involved a vote dismissed, County. 10.sage sioners Action plaintiff brings is, conclusion, finding, error. Affirmed. It therefore, judgment the referendum Joseph T. Wood- W. Howell and Arthur and in substantial is valid ward, plaintiff in error. is, pliance state. with laws of this Roff, A. Preston L. and Charles Shinn the clerk ordered defendants in error. papers docu- shall transmit all relating ments petithn his office on file BRANSON, presents This cause Y. C. J. .Osage error ty. coun- the district court requirements of directed to conform to parties appear posi- in the relative opinion. the law accordance with they occupied the district court. J. tions NICHOLSON; HARRISON, J., George Wright county C. treasurer sued RILEY, LESTER, county. CLARK, Osage Okla., county JJ., concur. board of and the county. commissioners said The suit J., BRANSON, from the law Y. I C. dissent brought by Superintendent him as paragraphs 1 and 5 of announced Osage Agency, Indian trustee syllabus. Arkahme, Osage and next 811, allottee friend MASON, paragraphs 5 J. I dissent Osage restricted numerous other reasoning syllabus, alleges Indians. he support thereof. authority in him reason of the vested Interior, under section HUNT, syllabus, parag. J. I dissent from Congress 4 of the Act March reasoning opinion in No. (41 1249), Stat. L. support thereof. pay belonging taxes on ithe lands to certain p. Cyc. (Anno). Note: —See 36 Osage Indians. That taxes year 1923-24, lands the fiscal money, amounting large sum taxes, paying said notice was time of provided by the that within the time WRIGHT v. TREASURER OF COUNTY bring against law of the state he would suit et OSAGE COUNTY al. county money treasurer recover money sought April paid, Opinion Filed accepted treas- recovered was (Syllabus.) brought urer the time and notice that suit manner as Capacity Lack Parties Indians brought. suit' was so by Superintendent instant Osage Sue—Action money Agency to Recover Taxes Paid Indian to recover said Ms seeks He *7 Protest —Petition mostly Lands Under Demur- grounds, tion, going to on numerous n allegations rable. levy he contends make 'by plaintiff year ac- mentioned made the ex- seeks maintain an for cise capacity representative county Osage void. It board of person, pleads trustee for another subjected lands taxation tended on authority legis- act is derived from a property which the taxes (an lative enactment act of the national Indians, exempted owned burdens Congress), interposed to a demurrer is and! allegations taxation, others, ground, among on the show that it based the alleged plaintiff capacity has no the board of sue, failure of capacity depends upon to sue perform, legislative board missioners the excise construction to be relies, preliminary steps enactment which he purely fore law. a determination is as to reached before raised; of taxes the rate case, amount In the instant think that