The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-10-13
0. 7. SMITH
EXPLAINS
AGENCY
PROPOSAL

NnaWcfihE q pUcSilon lNbpnUUdfu iiA
ono Interested Oyine = Smith has
this to say rolatiye 90 the dispcnsary
pr position now Dee fore the electorate:
You have verbally requested me to
reply 10 the questions asked YOU by
Mr.. Henry A White. of Hinton Okla.
homa. ia bis iettcr ut September 2Gth
which questions are aa follows
'ls il not truc hat an act of the lcE
islaturo % which the emergency clause
is attached can not be- made the sub
icct f referendum votc2 Article I
.cr tho Bllups Booze Bin was passed
with he balance OF the act under the
emergency provision Is it not true
therefore that ne act can not be re-
pealcd by the vote against the constitu-
tional amendment
Under Section OF Article V Of oW
constitution. the referendum may be
ordered tcNccpt as. TO- emergency
measWos.J either by petition signed
by five per cent # the legal voters or
by HE legislature as other bills are
passed
The proposal of the legislature that
the provisions of Senate Bill No 6l
establishing a state agency and local
agencies shall stand repealed in the
event . majority of the votes cast on
The constitutional provision submitted
by Joint Resolution No. 3. are against
the proposition is not n referendum
within the meaning OF Section > Ar
ticle " of t1e constitution The leg
islature passed the Billups bill with an
emergency clause with provision
that a part OF IL, namely that part of
II providing for the state and local
agencies should stand repealed c0ndi-
tionally The condition under which
the repeal becomes effective is that
majority of the votes cast on be ques-
ton submitted by Joint Resolution No.
9 should be against tle prop sition.
The Legislature has the undOubted
power 20 pass laws which may go into
effect tor a limited period of time, as
was done in tde case of he bill Great
| ing the Criminal Court OF Appeals
where II was provided that the court
should go at OF existence IN the first
| day OF January lgl1 unless tie legisla-
ture othera ise provided They could
have provided il they had seen fit, that
| the agency system Sin uld go out of
existence on the first day OF January,
/ 1910 or al any other time their power
llring limited only by the r. g,t of the
people 10 initiate aud adopt .,dferent
/ law. on by tlc action ot some future
/ legislature.
Section Z. of Article Y provides chat
I the reservation of powers OF the IN
uatiyo and Referendum shall not de-
priye the legislature of the riglt 10
repeal any law proposed or pass any
measure etc.. and Independent OF any
provision for q legislative referendum.
| they have under This section of thc
constitution unduuhtcd power 20 enact
| laws. emergency er uthcrWisc snd pro-
Vide for thcir continuance iu force 60
| be- dependent upon the viii ot tho pcO
! plc expressed ai thc polls II ihis Wore
ln { true The language of Section
| ihat they may propose ur pass any
| measure WCild hc meaningless Pro
pose" as used in lia section means i0
| submit for consideration and in this
particular instance they have proposed
90 The qualified electors 3f me state
that the provisions of Senate Bill 81.
IGl creating the state and local agcn-
cirs shall Dee repealed in the event that
| q majority of such electors Noins nu
the question shan 20 declare.
Ms conclusions are therefore:
That the proposal Cor The repeal of
the agency system hy a majority he
! electors voting an the question is nct
la legislative referendum witau tnc
meaning of Section .. Article V of the
| constitution
That in the event "a majority of he
votes east in the election ON the ques-
| tlon submitted 10 a vote ot the people
are agaiustF the proposition, that the
provisions OF Senate bin Ne. Gl, Great
ing q state and local agencies viii
stand repealed and:
That the action OF the legislature in
so providing was valid exercise T
their constitutional powers.
Sincerely yours
ORNlLLE T SMITH
Executive Attorney