The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-15

NO - NV NAit1 Wv iGNNt ifNA 10 III
keeping with the eject OF the holding
IN State vs. School District No 1
| (Alont) supra, and with what seems
tO be the general doctrine that where
one Of several material propositions
required TO be submitted fails for any
reason TO be adopted the intent Of the
reference fails and with II the refer.
once
Gail ct al VS.. Smith ct al. supra. wa
petition for Injunction. The ia Is
alleged were that on December md
1902, an act was approved providing
for new charter for the town ol
Edgewood. The first action Of the act
repealed an act Incorporating IN,
town. The second declared the same
To be incorporated as a city under the
name OF the city OF Edgewood, The
third defined the corporate limits OF
the city which embraced more terri
tory tnan within the corporate limits
OF the town The next thirteen Sc
tions conferred upon the city authori
ties certain powers and provided for
formal government etc. The l7tl
and 18th sections related to the estab
lishment OF system Of public instruc.
tion in the city The 18th section
authorized the city to issue bonds not
TO exceed $4,000, the proceeds TO be
used for the purpose of erectinl
school buildings and sites for the
same The Goth section extended the
corporate limits of a certain terrltor.
for police purposes. The 21st Sc tion
In effect. provided that the act should
go into eject upon its adoption By a
2-9 vote OF the qualified voters OF the
city OF Edgewood at a special election
10 be held for that purpose at Ger.
tain time and In certain manner an,
under the same rules as elections 70
mayor and aldermen under said act:
provided the notice and intention &c
hold the same had been given as re
CURED BY certain section OF th,
code; "and in said special election
those voting for the adoption OF the
ratification OF this at shall have upo,
their ballots the words, For bonds and
,doption. and those voting against the
adoption or ratification OF this ac
shall have the words Against bonds
and adoption.
Had Other Provisions.
1t also provided that should the BIZ
TAIL OF adoption at the first election |
might be again submitted to a vote a
another election etc; that an election
was held at the time fixed by law ant
that 2-S OF the qualified voters em
oraced within the territory described
in the act as the city of Edgewoof
voted For bonds and adoption The
suit was brought by certain person.
who resided within the limits Of sal
territory and would be taxpayers and
citizens of said city If the act were
adopted, who prayed that the persons
claiming to have been enjoined from
carrying the act into effect. The in
junction was refused and they appeal
ed. The court after commenting Of
the constitution. said:
ut will thus be seen that the Gen
eral Assembly has power to authorize
municipal corporation to have al
election on the question OF the estah
lishment Of public schools, and to have
an election on the subject of incur.
ring a debt; and also to authorize the
lersons to be affected by the creation
Of the municipal corporation to deter
mine whether the corporation shall
come into existence. The controlling
question in the present case is
whether the General Assembly has
authority to provide. that the qualified
voters within given territory shall
ass upon all of these questions at one
ime Has the General Assembly all.
hority to provide for an election
which may result in the creation of
municipal corporation. in the establish.
nent OF system of public schools
nd in the incurring OF debt for this
purpose. the voters being required to
iote at the same time either for OF
lgainst al OF the propositions sub
nitted?'
And, after holding that the consti.
ution did not permit a municipal cor
oration to incur debts such as the
one proposed, except with the assent
Of 2.3 OF the qualified voters thereon
It a separate election for that purpose
to be held as may be prescribed by
law; and that the question of issuing
bonds was not properly submitted at
that election. and for that reason the
bill must fall; the court in passing
said:
"As stated above the General As.
sealbly had the right to incorporate
The City of Edgewood, and prescribe,
rs a condition precedent to incorrora
lion, that the people to be affected by
/ should consent thereto. Consider
ing the act as whole, It IS apparent
hat the General Assembly intended
hat the City OF Edgewood should
ONE into existence as a municipal
corporation only in the event the cleo
ion provided for in the 2ist section
Of the at should result For bonds
and adoption that Is, il was intended
that this new municipality should not |
take its place among the mnnicipali-
ties of the State unless two-thirds of
he qualified voters in the territory to
ne affected assented to three PROPOSE |
creation of the municipal
lty. the establishment of schools, and
he ncurring OF debt OF $4,000 to
provide for the same. The question
was submitted by the general assembly
in this way, and II Is therefore to be