The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-10-18
SPIRIT OF LAW
SAYS THE COURT
Opinion Of Justice Dunn Given in
campbeII-RusseII Case.

Oklahoma City, Oct. 1l.-In uphold
ing the right of the people to invoke
the law for direct legislation through
the initiative and referendum, in
which the supreme court sustained the
petitions filed by Campbell Russell and
the Peoples Power League, Justice
Dunn said in his opinion:
In dealing as we have with the OBJ
iections urged to this petition we be-
|lieve that we are carrying out the
policy of this state in adopting it. The
right of direct legislation in the peo-
pie must be administered by the Off
Icers charged with that duty in such a
manner as to make it operative. IL
technical restrictiove constructions
are placed upon the laws governing
the initiation and submission of these
measures tine purpose and policy of
the people in establishing the same
will be entirely defeated and instead
| of becoming an effective measure for
lrelief from evils under which they
have heretofore suffered therelwill be
naught but an empty shell and a con-
tinuation of the conditions for which
relief in this manner has been sought.
The people who circulate a petition
ito submit to the consideration of their
Ifellow-citizens constitutional and statu-
tory provisions for the most part are
unquestionably animated by a purpose
which to them and the signers thereof,
at least, appears good. Those who cir.
lculate the petition will necessarily be
drawn fro mthe ranks of volunteers OF
those who for very small considera'
ton call attention to their fellow-citi
zens to the measure proposed, and
solicit their interest therein.
Inaccuracies Certain to Occur.
Necessarily even with the best safe
guards that can be thrown around the
circulation of petitions where such
{ large number of names are required
/ inaccuracies and technical departures
from prescribed forms are certain t
, occur every time petition is ciculat
! led The people who sign the peti
tions often, if not generally, lack botl
convenience and the best writing ma
terials to distinctly. legibly and pei
4 manently attach their names thereto
3 "All of these things are proper t
& he noted and taken into considerable
y lin the administration of this law.
can be made effective or defective b
f the officer charged with its admin;
n tration and it is our duty to sustain
4 rather than destroy, if it can be az
9 complished within the law The pr
sumption is that petitions which ar
k circulated, signed and filed, are valit
}. People interested as the circulatol
II of these petitions and the others VII
/. sign them are acting in the capaclt
< of legislators. They are members {
d the largest legislative body in th
p state, and where so acting do so in
e public or at least quasi public c
a. pacity and when so acting the law pr
If sumes the validity and legality
their acts. and even though it shou
n be claimed that they were actir
Il. simply in ire private capacity unit
Il. overcome by proof, their acts invol
Sc ing the performance of ministerial
IN administrative duties such as tho
IN performed in the circulation and sig
in ing of these petitions, are presum
re to be legal and not fraudulent"