The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-05-10
MINISTERIAL OFFICERS
MUST REMAIN SUCH
But Court Could Not Rule on
Right 10 Resubmit Liquor
Question Under Petition

Holding that the duties Of the see.
retary of state IN regard to initiative
petitions are purely ministerial, the
supreme court today directed the is
suance of writ of mandamus against
Secretary of State Bill Cross, as per
prayer of pr. John Threadgill, Henry
Braun, and others, who filed papers
submitting TO the electorate "A propos-
ed amendment to the constitution
with reference to the prohibition OF
the liquor traffic.
Reciting the history Of the filing OF
the petition ami the refusal of the sec.
retary to prepare 1t for submission,
the court says
Respondent Will not be permitted
as part of bis defense, to question
the validity Of such proposed amend.
ment upon the ground that 1t Ia viola
tion of an act OF congress, the terms
and conditions Of which have been 40
cepted by the state, aud for that reas.
on Will be void"
The opinion is by Associate jus.
tee Hayes and concurred In BY all
the justices.
The award OF the writ Is in effect
TO the Sons OF Washington, an organi-
cation of the ''resuDmlssioniNsr peO
pie who want to amend the eonstitus
ton so as to open the way for local
option or some other way OF ovofcom-
ing the twenty-one year prohibitory
clause inserted on account of the In
dian Territory, which was admitted
to statehood with Oklahoma Terri.
tory with proviso for twenty.one
years prohibition.
The court holds that II is not now
necessary to pass upon the question
as to whether the proposed amend
mcnt would be void If if3fatlfied
The duty Of the secretary Df state
IS declared to be TO file same as asls-
ed for; his duties are purely minis.
terlal, and compliance with the peti-
ton is mandatory.
The court says that legislation Is
clothed with the presumption that II
Is valid. and courts do not lightly
set aside enactments. Legislation
under the constitution OF Oklahoma
Is held 10 be- binding, whether the leg
slature passes an act or whether the
act is passed by means OF intiatofy
petition and referendum.
In regard to the separation of du-
ties the court holds that 1t is neces-
sary In amendment matters TO call
into service certain officers and says.
"If the placing Of such duties OF
such ministerial officers gives In turn
to them the right and power to ques
ton tho validity OF any or all the
amendments proposed, and they arc
free to act when they decide that any
such proposed measure will be invalid
then the most subordinate ministerial
officer Of the state. having any du
Ties to perform In connection will
such AN election, may himself do in
directly that which he could no
have, nor any other citizen OF th'
state have, the courts do by pro
ceeding instituted for that purpose
to pass upon the validity Of the pro
posed measure and stay by iudicia
/
| decree"
The court in effect holds that 'h'
people of the state are responsible
for the issue OF the contention, say
ing:
"If In the exercise OF their legisla
tive discretion they conclude that tn
proposed amendment violates an
valid compact with the Federal gov
ernment or any provision of the Fed
eral constitution they will, no doubt
In the observance OF their duties q
good citizenship, for that reason alon
reject the measure
The court refraius from espressin
an opinion as TO the validity OF th
proposed measure, saying II may com
before the court In due process .
time.