The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1920-07-13
Judge Eddleman Submits Opinion
Relative to Mooted Right Of the
Mayor to decline" the Calling Of
Special Election to Decide Matter Of
Change in Charter Of City Of Ardmore
To the Editor of The Ardmoreite:

In compliance with your request
that I submit my views as to the
authority Of the mayor to submit the
proposed amendment to the city
charter to a vote at an election to be
called by him for that purpose. in
reply to the opinion Of Judge Mason,
beg to say:
Section Of Article VI of the city
charter reads as follows: THE powers
Of the initiative and referendum, re-
served by the constitution of this
state to the people thereof, and the
respective counties and districts there
in. are hereby reserved to the people
OF this city, and the same shall be
held to apply to all legislative au-
thority, which the said board may ex
ercise and TO amendments 10 this
charter
Article Of the constitution of the
state reserves the power to the people
10 propose laws and amendments to
the constitution. and 10 enact or reject
the same at the polls independent Of
the legislature, and also reserve power
at their own option to approve or
reject at the polls any act of the leg.
islature."
Section = Of Article V, Of the con
stitution of the state provides that
"all elections on measures referred
10 the people Of the state shall be had
at the next election held throughout
the state, except when the legisla.
ture or the governor shall order a
special election for the express pur.
pose OF making such reference"
Under this provision, laws or amend
ments to laws, or to the constitution
OF the state, may be submitted to the
neople of the state at a special cleo
lion called for that purpose, either
by the legislature or the governor.
Section . Of Article VI, Of the city
charter quoted above reserves this
same right to the people of the city
of Ardmore. Section of Article W.
Of the city charter reads as follows:
w hen such petition demands an
amendment to this charter the mayor
shall submit such amendment to the
qualified electors Ct said city at the
next election of any officers. of said
city, and if ut said election, a ma
jority of said electors voting thereon
shall vote for such amendment, the
same thereupon become an amend
ment 10 and part Of this charter,
when approved by the governor and
filed in the same manner and form
rs an original charter is required by
The provisions of the constitution Of
the state when filed
This section Of the charter is a
substantial copy Of Section a (e) OF
Article XVIII. of the constitution of
the state; and Section 2 of Article
VII. OF the city charter, is a substan-
lial copy Of Section (a) Of Article
XVIII Of the constitution Of the state
It viii be noticed that Section Of
article VII OF the city charter and
section (e) Of Article XVIII Of the
constitution of the state make IT
mandatory upon the mayor to sub
nit such an amendment as that pro-
posed to the electorate Of the city
ut the next election of officers Of said
city. Section (a) Of Article XVIII
of the constitution Of the state reads
IN part as IODOWS'
"The charter SO ratified may be
amended by proposals therefor, sub
rnitted by the legislative authority Of
the city to the qualified electors there
for, Tor by petition as hereinafter
NrovideD, at general or special
election and ratified by majority Of
the qualified electors voting thereon,
and approved by the governor, rs
nercin provided for the approval Of
the charter"
The first session of the Legislature,
after the adoption of the constitution,
enacted Section $50 Of the statutes.
This section of the statute is in the
exact language Of that part of Section
(a) of Article XVIII of the const-
tuition quoted above. Thus it will be
seen that both the constitution and
the statutes provide for submitting
amendments to a city charter at Il
special election called for that pur-
pose.
In 1919 the legislature amended
said Section 536 so as TO make the
saLie read as follows:
THE charter 50 ratified may be
amended, revoked or abolished by
proposals therefor submitted by the
legislative authority OF said city TO
the qualified electors thereof 10 be
voted for at any general or special
election or said proposals to amend,
revoke or abolish such charter, may
re submitted by a petition signed
by a number of qualified electors re-
siding within the corporate limits
Of such city, equal to twenty-five per
centum, Of the total number Of votes
ut the last general or special elec-
ton held in such municipality, and
the proceedings shall be construed
literally in favor Of the petitioners.
Upon the filing of a petition, signed
by the required Humber OF electors,
qualified TO vote in the proposed cleo
lion, as the same appears on the
face of the petition, with a copy OF
the proposed amendment, substitution
(sic). revocation or repeal Of the
charter, said executive authority must
issue a. proclamation calling u special
election to ratify or reject such
amendments, substitution, revocation
or repeal and such special election
shall be held not later than twenty
five days after said petition has been
filed: provided that said amendments,
substitution, revocation or repeal, may
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