Bd. of Ed. of Okla. City v. Woodworth

• Decision Date: 13 March 1923
• Docket Number: Case Number: 13952
• Citation: 214 P. 1077,89 Okla. 192,1923 OK 135
• Parties: BOARD OF ED. OF OKLAHOMA CITY et al. v. WOODWORTH et al.
• Court: Oklahoma Supreme Court

1923 OK 135

214 P. 1077

89 Okla. 192

BOARD OF ED. OF OKLAHOMA CITY et al. v. WOODWORTH et al.

Case Number: 13952

Supreme Court of Oklahoma

Decided: March 13, 1923

Syllabus

¶0 1. Elections--"Ballot" and "Vote."

"Ballot" and "vote," though sometimes used synonymously, are not synonymous; a "ballot" is the instrument by which a voter expresses his choice between candidates, or in respect to propositions, while his "vote" is the choice or election as expressed by his ballot.

2. Same--"Vote."

"Vote" is the formal expression of a will, preference, wish, or choice in regard to any measure proposed, in which the person voting has an interest in common with others, either in electing a person to fill a certain situation or office, or in passing laws, rules, regulations, etc.

3. Schools and School Districts--Bond Election-Number of "Voters."

In determining whether a bond issue has received the assent of the required number of voters, as required by section 26, art. 10, of the Constitution, which provides: "No county, city, town, township, school district * * * shall be allowed to become indebted * * * without the assent of three-fifths of the voters thereof, voting at an election to be held for that purpose," held, that no blank ballots, nor ballots marked both for and against the bond issue, nor ballots which were returned as mutilated because they were not voted either for or against the bond issue, but were cast for another proposition that was submitted at the same time on a separate ballot, nor the return of the officers which disclosed twelve more mutilated ballots than were found in the ballot boxes, can be counted in determining the aggregate number of voters thereof voting at an election to be held for that purpose, for the reason that none of said persons casting any of said ballots expressed any will, preference, or choice in regard to the measure voted upon.

4. Same.

Where a bond issue was submitted as provided in section 26, art. 10, of the Constitution, to determine whether a school district should issue bonds for the purpose of purchasing sites and erecting buildings, and said proposition received the necessary assent of three-fifths of the voters thereof voting on said proposition, held, the proposition carried, although it may not have received the majority of all the votes cast upon other questions submitted at the same election.

5. Statutes--Office of Proviso.

The natural and appropriate office of a proviso in a statute is to restrain or qualify some preceding matter, and it should be confined to what precedes it, unless it clearly appears to have been intended to apply to some other matter.

6. Same--Construction.

When the context requires it, a proviso to a section of the statute may be considered tantamount to an independent enactment.

7. Statutes--Reasonable Construction.

Every statute should have a reasonable, sensible construction, in preference to one which renders it or a substantial part of it useless or deleterious.

8. Same--Intent--Enactments Taken as a Whole.

To ascertain the intent of the framers of a statute, all the various portions of the legislative enactments upon the particular subject, including subsequent enactments, should be construed together and give effect as a whole.

9. Elections--Registration Law--Applicability to School Elections.

Under and by virtue of chapter 24, Session Laws 1916, (section 6252, Comp. Laws 1921), the proviso to section 4, which provides: "And provided, further, that the provisions of this act shall not apply to any school district election," under the proper rules of construction heretofore announced, should be construed as an independent enactment. Held, further, the registration law does not apply to school district elections.

10. Schools and School Districts--Building Bonds--Constitution and Statutes.

Section 10, art. 10, of the Constitution provided a method for erecting public buildings by a direct tax, but said method is not exclusive, and sections 19, 20, and 21, art. 6, ch. 219, Session Laws 1913 (sections 10423, 10424, 10425, Comp. Laws 1921), are not in conflict therewith nor have any application thereto, but said sections relate to the issuing of bonds provided for in section 26, art. 10, of the Constitution to be used for the purpose of erecting school buildings.

11. Same--Submission of Question--Matters Included.

In submitting to the people of a school district the proposition whether bonds shall be issued in the sum of $ 1,900,000 for the purpose of purchasing additional sites for school buildings, and play grounds, the erection of ward school buildings, and junior high school buildings, etc., embraces a question for school improvements in said district anti comprises a single proposition.

12. Same--Construction -- Doubtful Terms-"Play Grounds."

Where a proposition is submitted to the voters of a school district to issue bonds for the purchase of additional sites for school buildings and play grounds, although the meaning of the term "play grounds" may be ambiguous, and subject to two constructions, one which makes the bond issue legal, and the other illegal, the court, unless fairly convinced to the contrary, will place that construction upon the bond issue which makes the proposition legal instead of a construction holding the same illegal.

13. Same--"School Site."

The term "school site," in its common acceptation, and as commonly understood, refers to a parcel of ground sufficient in size upon which to erect a school building, and a yard surrounding the same to be used as a play ground for the children while at school.

Error from District Court, Oklahoma County; Hal Johnson, Assigned Judge.

Action by George O. Woodworth and others against the Board of Education of Oklahoma City and the members thereof to enjoin the issuance of school bonds. Judgment for plaintiffs, and defendants bring error. Reversed.

H. C. Thurman and A. J. McMahan, for plaintiffs in error.

E. E. Blake, B. D. Shear, and Keaton, Wells & Johnston, for defendants in error.

McNEILL, J.

¶1 This is an appeal from a judgment of the district court of Oklahoma county enjoining the Board of Education of Oklahoma City from issuing certain bonds, which question was submitted to the voters of the school district, and declared to have received the required number of votes. The trial court canvassed the ballots and returns, and the record discloses there were 5,636 votes cast in favor of the issuing of the bonds, 3,700 against the bonds, and the returns disclosed the following mutilated ballots; 26 ballots marked both for and against the bonds; 14 ballots not marked in any respect; four ballots marked in favor of the bonds with lead pencil and one ballot marked outside the square. Nine ballots which had been spoiled and canceled and four ballots in the boxes were not ballots on the bond issue, but were ballots cast for an excessive tax levy, which question was voted upon at the same time the bond issue was being voted upon, and the returns of the election officials disclosed 12 mutilated ballots more than were found in the boxes. The trial court made a general finding for the plaintiffs in the case, and enjoined the issuance of the bonds. The questions presented on appeal involve each proposition of law and fact presented to the trial court.

¶2 The first question briefed is whether the bonds received the assent of a sufficient number of the voters as required under section 26, art. 10, of the Constitution, which provides:

"No county, city, town, township, school district * * * shall be allowed to become indebted * * * without the assent of three-fifths of the voters thereof, voting at an election, to be held for that purpose."

¶3 It is conceded that the bonds received more than three-fifths of the votes that were counted for and against the bonds, but it is contended that if all the mutilated ballots be counted in determining the aggregate number of voters thereof voting, the bond Issue did not receive the necessary three-fifths assent. The above portion of the section of our Constitution has never been construed by this court. Other states have statutes or Constitutions very similar, although the language used in many of the statutes and Constitutions has altogether a different meaning There is an irreconcilable conflict in the opinions of the courts of the different states as to whether mutilated ballots shall be considered in determining the aggregate number of voters voting at an election held for that purpose.

¶4 The statutes and constitutional provisions of the various states are not identical, nor are the statutes or Constitutions of the same state identical regarding the submitting of various questions to the people. In some instances the provisions of the statute, refer to majority of ballots cast, others to the votes cast, and others to the number of voters thereof voting at an election held for that purpose. There are, however, several propositions that are necessary to consider in order to arrive at a proper conclusion.

¶5 In the case of Clary v,. Hurst (Tex.) 104 Tex. 423, 138 S.W. 566, it is stated:

"'Ballot' and 'vote,' though sometimes used synonymously, are not synonymous, and a 'ballot' is the instrument by which a voter expresses his choice between candidates, or in respect to propositions; while his 'vote' is the choice or election as expressed by his ballot."

¶6 In the case of State v. Blaisdell (N. D.) 18 N.D. 31, 119 N.W. 360, the court stated as follows:

"A ballot, as distinguished from a 'vote,' in the legal sense, and in a general way, is the piece of paper upon which the voter expresses his choice."

¶7 The Century Dictionary defines "vote" as follows:

"'Vote' is the formal expression of a will, preference, wish, or choice in regard to any measure proposed, in which the person voting has an interest in common with others, either in electing a person to fill a certain situation or office, or in passing laws, rules, regulations, etc."

¶8 See, also, ...