The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-12-28
RAILROAD ATTORNEY
FIGHTS FOR IDEA
Famous Petition for Amending
Constitution TO Get Into
Courts for a Heading

II. B. Spaulding. president of the
Federated Commercial clubs of the
state, ana H. f. ASP we'll known 10
cal attorney. representing the G3,oOO
petitioners who last week filed petit
tions with the secretary of state un-
der the initiate and referendum law,
asking for the calling uf an election
TO submit to the voters of the state
an initiate petition, proposing an
amendment to Section of Article =
OF the Oklahoma constitution, and the
addition of Section 40 to the same
section, this morning filed a petition
In the supreme court. appealing from
the action of the attorney general,
who, under the law. prepares the bal
lot title which states in brief what
the proposed amendment consists OIL
Attorney Asp. who is the general
attorney for the Oklahoma Central
railroad. which has been the most ac-
tive factor In getting un the petition
for the submission Of the question,
contends that the ballot title as pre-
pared by he attorney general does
not clearly state what the proposed
gmendment means.
The ballot title form as prepared
by the attorney general Is:
state Question No -. Proposing
an amendment 10 Article 8 Of the con.
stitutlon. Purpose of measure is 10
supercede section Nos. 2, 6, 8, g. H.
%, 81, ana portions Of Section Is Oh
Article 8 OF the state constitution;
adopting constitutional provisions au'
thOrizing any transmission or trans
portation company organized out ol
but having lines In this state, upon
conditions named, to extend, build
branches, additions, improvements
exercise right OF eminent domain;
consolidate with or dispose OF any OF
It's rights TO any like connecting cor
poration or one with Il forming parts
OF an entire business and exempt
ing such corporations flom reports
inspections, maintenance of public OF
flee and books. as provided by the
constitution in sections named.
Asp Takes Exceptions
Mr.. Asp, ~ his petition, argues
that the proposed amendment does
not effect Section ? and only modifies
Sections 6, g. 9, ana H.. He declares
that il does not effect Sections rs oi
lg and that Section 81 is not modi
fled. lie further contends that tht
ballot title does not explain Sector
40. which proposes 10 add CLAUSE
that companies shall keep records
Al ~ 81
exempt the state authorities includ
ing the corporation commission iron
regulating companies.
Asp Has A Ballot Title
Mr. Asp suggests 10 the court th'
following ballot title for submission
OF the question:
'State Question No. ~. II adopted
authorizes railroads and other trans
portation and transmission companies
wherever organized owning or 0peral
ing any line or lines In this state, up
on filing copy of articles Of incoIpora
ion with the secretary Of state, al
pointing and maintaining residen
agent upon whom process may b
served, to extend lines, bull
branches IN this state, exercises righ
OF eminent domain; authorizes suc
foreign and domestic companies {
lease or otherwise acquire and opel
.te other like lines: te dispose o
their property to like companies; es
empts foreign companies from main
tanning offices or holding corporal
peetings In this state; provisions no
to limit rights by state or corpora
ton commission
i4earin1 Was Postponed
The court continued the matter ~
~ Wednesday morning at 10 o'cloc
owing 10 the fact thar full benc
was not present this morning.
Under the referendum law the pet
TONERS have the right OF appeal !
the fixing OF the ballot title from tn
attorney generals ruling to the stat
supreme court.