The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-12-07
TAYLOR ELECTION LAW
is MATTER INVOLVED
Supreme Court Rules That
Petitioners Must Bs GTanied
a Hearing

The supreme court in an opinion By
Justice S w Hayes today granted
the peremptory writ OF mandamus ap-
piled for by Joe II. Norris. II. c.
House, VIII H. Chappell and other Re
publican petitioners directing Secre.
iary Of State Bill Cross to receive and
file the referendum petitions filed in
his office several montas ago asking
Tor the submission Of the Taylor cleo
ton law enacted by the Second Ok.
lahoma legislature TO a vote Of the
people and to grant the petitioners a
hearing as TO the sufficiency OF the
petitions
Justice Hayes holds against the con
tentions OF the secretary OF state that
he bill itself put into effect the ma
chinery for carrying into effect por-
tions Of the initiative and referendum
Jaw, the court holding that under See.
lion So OF Article Of the constitu.
ZION The law Is subject 10 a referen'
dun vote.
The opinion also holds against the
secretary of state III his refusal 70
recognize the petitions as legally filed
for The reason that the letter Of the
Jaw had moi been complied with by
Tho petitioners.
The syllabus Of the opinion which
Indicates the ruling of the court upon
the legal questions involved Is as fol-
lows.
Syllabus OF The Opinion
/. When referendum petitions are
offered under the provisions OF the
act OF the legislature approved April
10th, 1908, q ,ss Laws i907OS, ,
440) to the secretary of state for I'll
ng and are received BY said officer
'or such purpose and retained IN his
custody among the records Of his Of
lice. the same will be deemed TO have
been filed, although no endorsement
OF filing Is made thereon by said Of
iicer ana although he failed 70 detach
me sheets containing the signatures
and affidayits and caused them at 70
be attached 70 one or more priced
comics OF the measure in the presence
Of the governor and of the person Of
.esing the same for filing. as directed
rs Section OF said act.
.. The provisions Of Section 3 81
said act requiring the secretary ol
state. when any referendum petition
shall be offered for filing, 10 detaeh,
In the presence OF the governor aud
The person offering the same for filing
the sheets containing the signatures
and afidaylts and cause them all to be
attached 10 one or more printed cop
les Of the measure proposed by the
referendum petition, are mandatory
AZ to the Sc cretary Of state, Dut a.
reotofy as to the public, and the fall
ure OF the secretary Of state 70 per
form such duty does not lnYalidare
TIE petition.
3. The provision Of section J., AT
ticle 8. OF the constitution reserying
to the people the power at their own
option to approve or reject al the polls
any act Of the legislature" Is modified
ana limited By Sections 2. 3. ana ~
nf said article so as 20 apply only 20
acts which have moi become opera
i've
4. Section 5S, Article 5. Of the con.
sfllution provides: "No act shall take
effect until ninety days after the ad
;ournment Of the session az which u
was passed except enactmenis for car
rving into effect provisions relating
IN lie initiative and referendum, or o
general appropriation bill, unless, IN
case Of emergency, TO be expressed IN
ihe act the legislature. By q vote
Of twO-thirds Of all membefs elected
"a each house. SO directs
HELD: That the clause Of excep.
iion, reading except enactmcnis car
rying into effect provisions relating
10 the initiative and referendum,
should be strictly construed, and IN
ciudes only acts whose sole purpose
"a to carry into effect provisions re-
la.ing 10 The initiative and referen-
s. writ Of mandamns may law
folly issue, from n court having ur.
Isalctiou, 10 compel ah Executive Of
ficer 10 perform a ministerial act
which does not call for the exercise
Of his judgment or discretion, but
which the Law gives him the power
and imposes upon him the duty to do
&. A wri. Of mandamus may issue
to require an executive officer to act
and decide even though his act and
decision involve an exercise OF bis
Judgment and discretion. but u may
mol direct IN what particular way he
shall act or decide
I. fBe aHsiea "a Aae s@easssE N
etafe 10 file referendum petitions
when presented to him. and 10 delach
IN the presence Of the governor and