The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1920-07-11

toward the public welfare. if it is
! legal ana right for you to do so.
Knowing your wishes in the mat.
! ter l have carefully noted each and
every phase of the questions as pre-
scnted by the petition and am sorry
that | can not find way TO uphold
the petition and permit it to go to
a vote OF the people as contemplated
by you at the August primary, for
the following reasons.
First let me say that there is sign
ers enough to the petitions. and Of
good citizens too, that would in every
way justify you in calling for an
election, if same could legally be
done under our charter at this time
I find, however that the state con.
sutution, our organic law, covers the
matter Of amendments TO charters
of cities which have adopted a charter
form of government, the language
Of the constitution being as follows:
Sec. 4 (e) Art. IS. When such pc
tition demands an amendment to a
charter the chief executive officer
shsll submit such amendment to the
qualified electors OF said municipal
corporation at the next election of
any officers of said corporation and
if, at said election. a majority of
said electors voting thereon shall vote
for such amendment the same shall
thereupon become an amendment to
and a part Of said charter, when APP
proved by the governor and filed in
the same manner and form as an
original charter is required by the
provisions Of this article TO be APP
proved and filed.
Now the trainers Of our present
charter must have had this constitu-
tional provision in mind when they
compiled and presented our present
charter for 1 find they copied same
into our present charter almost YER
batim and in the following lang
rase:
Section 5, Initiative and Referen-
dunn Amendments to charter, how
submitted. When such petition de-
Inands an amendment to this char
ter the mayor shall submit such
amendment to the qualified electors
of said city ~ the next election Of
any officers Of said city and if, at
said election, a majority Of said
electors voting thereon shall vote for
such amendment the same shall there
upon become an amendment to and
part Of said charter, when approved
by the governor and filed in the
same manner and form as an original
charter is required by the provisions
Of this article to be approved and
filed.
The trainers Of our constitution
must have had in mind the very fact
of avoiding special elections, and the
expense thereof, when they made il
the organic law that amendments
must be submitted at the next cleo
zion of any officers of said city, and
the trainers of our present charter
could well have had the same mat
ter in mind.
The trainers of the present amend /
overlooked this charter and consti- |
tutional provisions. and L am fully |
persuaded by talking TO some of
hem, that they have depended upon
and followed the provisions of House
Bill 154, shown in the acts of the
legislature session of 1919 under chap
.er 161 and at page 232 of Harlows
edition of such session laws, but in
my Judgment that chapter is not
applicable to this city. and I am
ed to this conclusion because of the
opinion Of our supreme court as held
n the case of Lackey ct al VS.. state
* rel Grant ct al as shown in the
18th Oklahoma page 255 and in which
said opinion as rendered by Judge
Hayes we find at the bottom Of page
,G5 the following language, which
am sure is applicable to the mat
ers as now submitted in this initia- .
i've petition for amending our char
er:
It is clear that the foregoing statute
intends to provide that wherever a
charter has been adopted
lnder the provisions of the constitu-
ion. and conflicts with any law of
he state relating to municipal mat
ers of cities of the first class the
provisions Of such charter shall pre-
all; and, il the contention of respond
.nts be correct, then this statute
would have to be struck down as in
'iolation of the constitution, for. if
aid section "a requires any charter
ramed hereunder TO be consistent
With every law of the state whether
he same pertains to municipal mat
ers or not, then clearly the legisla-
ure could not by its act free such
charter from such limitation, etc.
I commend to you the reading of
he entire opinion as it certainly COW
RS the law very fully and makes it
lear that the provisions Of charter
when once adopted and approved
upercedes the statutes in such mat
ers.
Therefore, l am compelled to adj
Use you, and it is my opinion that
inder the constitution, the charter
+ the city. which is the paramount
lw Of this city, and the decisions