The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-14
The Norman hond case.

The Norman Bond Case.
Stale OF oklahoma, ex rel. .Ronert
j. ElwaFus VS. John E Miller. as
mayor, and a. r. Clement, as city
clerk of the city OF Norman, Okla.
syllabus.
/ l. The purpose of that part Of sec.
tion 296S Wilson's Statues, which
provides that the election officials.
whenever a question Is to be voted
on by the electors Of city or town.
shall cause brief statement Of the
same to be prinled on the ballot and
the words yes and mo" under the
same. is to prevent tne use OF any 9th.
er than official ballots, and not to
condemn as invalid official ballots
which have been furnished to the cleo
tors By election ofncers charged with
that duty COR some oversight or err
ror on their part
2. An election held for the purpose
Of submitting to the qualified electors
OF municipality the question of in
curing indebtedness for the purpose
OF constructing public utilities Is not
invalid for the reason alone that tne
election OF nfficers who prepared the
ballots had printed thereon TO the
left Of the question TO be voted on ana
under the squares the words yes
and "no. instead of placing the
squares under the questions with the
words yes and no" to the left of
them as provided by section 1868, viii
sons Statutes.
/ 2 Tho fot.t,, sf,,. ~. ,,,,,.t ,.,,,tto,, 1. e
waterworks IN said city. to be owned
and operated by said city printed on
the ballots used al an election held for
the purpose OF submitting to the quail
fled electors OF municipality the
question OF incurrlng Indebtedness for
the construction Of public utilities un.
Ter section 81. article 10, OF the CON
stitution. IS sufficiently comprchen-
sive to include such work as fe.equip-
ping and making extensions 10 IN
existing waterworts system.
! 4. The construction of constitu.
tional provision must not be SO strict
or technical as to defeat the evident
object and purpose Of its adoption.
! 5. City ordinances providing that
continuing annual tax sufficient 10
pay the Interest when the same shall
fan due. and FOR tho purpose OF pro-
yiding a sinking fund Mith whica 10
pay the principal of said bonds. shall
be levied upon all the taxable proper
ty within said city, substantially com
ply with the requirements OF section
27, article 10, of the constitution, in
respect OF providing funds for pay
ing the interest and principal on
bonds issued for the purpose OF con
structing public utilities.
s. Section %, article 10. OF the con.
stitution, Is q self-executing grant of
power to the qualified property tax
paying voters Of city or town vot-
ing at an election held for that pur-
pose, by majority vote. to become
Indebted in 'arger amount than that
specified In section 26, article 10, con-
stitution, for the purpose OF purchas-
Ing or constructing public utilities, or
for repairing tne same, 10 be owned
exclusively by such city
T. Sewers are public utilities
within the meaning Of the term as us
ed in section 27, article 10, Of the con.
stitution
g. Ihat part OF section 81, article
10, Of the constitution which provides
that a sinking fund shall be created
sufficient to pay the principal in
twenty-five years OF bonds issued to
purchase construct or repair public
such bonds shall run for a period of
twenty-five years
! Original proceeding in mandamus.
Writ allowed. Opinion by Justice
Kane.