The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-09-12
The Governors Statement.

views OF the matter.
The Governors Statement.
The question of voting on the pro-
posed amendment to the constitution
repeating the prohibition provision
and substituting provision yr open
saloons as designated in said amend
ment, viii be voted on at the next
general election The people are EN-.
titled to know the history of this pro
vision and the law under which it
must be treated.
May Amend Constitution.
TO begin with the constitution Of
Oklahoma provides for the initiative
and referendum. and among things
which the people may do in the eX-
ercise OF the initiative and referendum
provision, Is amend their state consti-
tuition, and for so doing a petition is
required to be filed, signed by a num-
Der OF petitioners equal to not less
than Is per cent of the qualified yot-
ers of the state as indicated by the
vote cast at the last general election;
and such petition was filed. signed by
fifty odd thousand voters tmore than
the required numberD during the last
month Of March
The constitution says. When a
question: is presented BY sues PEI
tition, the secretary OF state shall re-
ceive the same. the attorney general
shall prepare ballot title. and the
governor shall fix date for the ell
ection The governor may call a
special election. but If he does not
call a special election the time shalt
be the next general election, same
being due a specified time after the
filing Of the petition.
"At the time this petition was at
tempted TO be filed. refused to wit
ness the filing, and the secretary OF
state refused to receive and file the
same. for the reason that we constru-
ed the term question to mean a prop
er question; this is, one that would
be valid II an election was held, aud
the question approved by majority
of the voters Upon our taking the
stand that this was not valid ques-
ton, the petitioners brought an ac-
lion against the secretary OF state for
an order commanding him 10 receive
and file the petition. and perform all
his official acts IN relation thereto.
The case was argued, submitted to the
court and later the court issued the
order requiring the secretary OF state
to receive. file the petition, and per-
form all his official acts in relation
thereto.
Courts Must Say.
AS understand the duties and
privileges Of the governor OF this
state, there are many instances in
which in the application OF the proyi-
sions OF our constitution and laws OF
the state. where judicial construction
has not already been placed upon the
same and that It often becomes the
duty OF the governor TO place for the
time being executive construction up
on such provisions and laws; and that
the governor may properly follow his
executive construction thereof until
such time as the courts. In the dis
charge OF their judicial duties, shall
have construed such constitutional pro
visions or laws of this state. There.
fore, In all laws OF this character. II
is the duty OF the governor. II his
construction has not been sustained
by the court, 10 adopt and follow the
Judicial construction. hence since the
secretary Of state has been. by the
court. commanded 70 receive and file
this petition and the attorney genera
has prepared the ballot title, We have
carefully considered the question, aid
ed and advised by the attorney gen
eral Of the sfate. and our conclusions
/ First. That the rights OF the peo
Pile under the initiative and referen
\ dun whenever properly invoked, mus
1 be respected aud carried out BY Al
! public officials that the indiyidua
opinions Of public officers can no