The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-10-10
RECALL AMENDMENT.
IS NOW HELD VALID
DECISION OF SUPREME COURT
MAY MEAN OuSTlNG OF STATE
BOARD OF AGRICULTURE.

Oklahoma City. Oct. 9.-Campoel
Russell's initiated anendmcnt TO the
I constitution OF the state changing the
method of electing the state board ol
/ agriculture, which if adopted would
act as a recall OF the present board
/ will be voted upon by the people OF
| the state at the general election IN
November, under a decision handed
down Tuesday by the supreme court
The court reyerses the holding OF the
secretary of state that the petitions
were insufficient.
The opinion is by Justice Dunn.
The court takes up in succession
the three arguments advanced by the
protestants against the petition. 1t
is held that the $500 undeliyered let
ters addressed 10 signers OF the petit
tions which were returned TO the send
ers are not to be considered as any
evidence. The court says that they
might be used to supplement other
evidence if charges We're made OF
forgery and other frauds, but that
in the absence of such charges they
will not be considered.
The claim that 9,12O signers did
not show in what county they resided
and the further contention that $3.50
signatures are not properly verified
are dismissed by the court as mere
technicalities. 1t is held that the sign
ers of initiative petitions are pre-
sumed to be legal and qualified cleo
tors and that protestants must pro-
duce affirmative evidence sufficient
to overcome this presumption.
In deciding this way the court holds
that it is carrying ou the policy oil
this law in the very spirit intended
by the people of the state in adopt
ing it" If technical restrictions are
imposed, says the opinion, the pur-
pose and policy of the law will be
defeated and instead Of becoming an
effective measure for relief from
evils under which they have hereto
fore suffered there be nought but an
empty shell and continuance OF the
conditions for which relief in this
manner has been sought
1t is held that the circulators of
initiative petitions are for the most
part animated by a purpose which to
them and to the signers at least ap-
pear good and that as they are usu-
ally drawn from the ranks it is very
easy for technical errors TO occur.
1t is pointed out further that the
petitions bear evidence of having
been circulated on the street, in the
shop or farm, most of tnem signed
with lead pencils and that the failure
to copy the names legibly does not
show that they are not legal voters.
An order was made directing the
return of the papers to the secretary
of state so that steps might be taken
at once to get the proposition on the
ballot. The attorney for the board
of agriculture made an effort for fur
ther delay so that he might have op-
portunity to file a motion for rehear-
ing could be considered just as well
while the preparations for putting
the question on the ballot were going
on.
The opinion also covers the matter
OF the jurisdiction OF the court in such
cases, laying down the rule previous
ly announced orally in the Akin case,
but not included in any opinion that
appeals from the secretary OF state
would be considered as a transfer
of the case which would be heard.