In re State Question No. 137, Referendum Petition No. 49
| Decision Date | 09 March 1926 |
| Docket Number | 16704. |
| Citation | 244 P. 806,114 Okla. 132,1926 OK 222 |
| Parties | In re STATE QUESTION NO. 137, REFERENDUM PETITION NO. 49. v. SIMPSON et al. DAVIS et al. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
The copy of a referendum petition, delivered to the secretary of state with a letter transmitting such petition, signed "John A. Simpson, Z. H. Lawter, by Campbell Russell," such petition bearing the indorsement "Submitted by John A. Simpson and Z. H. Lawter, Oil Exchange Building, Oklahoma City, Oklahoma," is not void because not in strict compliance with section 6631, Comp Stats. 1921, providing that, "When a citizen, or citizens, desire to circulate a petition * * * for the purpose of invoking a referendum upon legislative enactments such citizen or citizens shall * * * file a true and exact copy of same in the office of the secretary of state," since section 6652, Comp. Stats. 1921, provides that the procedure therein prescribed is not mandatory but is sufficient if substantially followed.
Presidential electors are state officers within the contemplation of section 2, article 5 of the Constitution of Oklahoma, providing that the ratio and per centum of legal voters whose signatures are necessary to referendum petitions shall be based upon the total number of votes cast at the last general election for the state office receiving the highest number of votes at such election.
While the law requires that the signer of an initiative or referendum petition must personally sign his own name thereto, and that such petition must show his residence and post office correctly written after his name, in the absence of any allegation or proof of fraud or corruption, such petition will not be stricken down merely because a limited number of the signers permitted some other person to write his residence and post office thereon, after he had personally attached his signature thereto.
In circulating, signing, and filing of initiative and referendum petitions, as provided for by the Constitution of Oklahoma, supplemented by chapter 50, Comp. Stats. 1921, the procedure therein prescribed is not mandatory, but if substantially followed will be sufficient. If the end aimed at can be attained, the procedure will be sustained, and clerical and mere technical errors shall be disregarded.
Appeal from order of Secretary of State.
In the matter of State Question No. 137, Referendum Petition No. 49, to refer to a vote of the people whether the free text-book law (Sess. Laws 1923, c. 175), should remain in force or be repealed by Sess. Laws 1925, c. 10. From a ruling of the Secretary of State, overruling the protest of Fred Davis and others to the petition filed by John A. Simpson and Z. H. Lawter, the protestants appeal. Affirmed.
Kirby Fitzpatrick, of Ardmore, and King L. Fitzpatrick and Campbell Russell, both of Oklahoma City, for respondents and petitioners.
The Ninth or 1923 Legislature of Oklahoma enacted House Bill No. 197, known as the free text-book law, which appears as chapter 175 of the Session Laws of 1923. The Tenth or 1925 Legislature enacted Senate Bill No. 54, repealing the free text-book law, which act was approved by the Governor on March 31, 1925, and appears as chapter 10 of the Session Laws of 1925. On April 17, 1925, there was filed in the office of secretary of state a copy of a referendum petition, designated Referendum Petition No. 49, State Question No. 137, the purpose of which was to refer to a vote of the people the question as to whether the free text-book law should remain in force and effect or be repealed by Senate Bill No. 54, as passed by said Tenth Legislature. Within the time provided by law those sponsoring the referendum petition caused to be circulated, signed, and filed with the secretary of state petitions containing the names of approximately 28,500 signers purporting to be qualified electors, and constituting more than 5 per cent. of the highest number of votes cast for any office at the last general election. Protest was filed with the secretary of state challenging the sufficiency of the petition, and, after hearing, the secretary of state found that the signatures of 1341 petitioners were not in conformity to law, and ordered them stricken from the list, and found that the petition was otherwise in substantial compliance with the Constitution and statutes of Oklahoma, and overruled the protest, to reverse which this appeal is prosecuted.
Section 6631, Comp. Stats. 1921, which was intended to amplify and provide the procedure for putting into force and effect the initiative and referendum provisions of our Constitution, provides that:
"When a citizen, or citizens, desire to circulate a petition * * * for the purpose of invoking a referendum upon legislative enactments, such citizen or citizens shall, when such petition is prepared, and before the same is circulated or signed by electors, file a true and exact copy of same in the office of the secretary of state."
The record discloses that when the copy of the petition in question was filed with the secretary of state it was accompanied by a letter reading as follows:
And the document bore the following indorsement:
"Submitted by John A. Simpson and Z. H. Lawter, Oil Exchange Building, Oklahoma City, Oklahoma."
And the secretary of state issued his receipt therefor, which read:
It developed at the hearing of the protest before the secretary of state that John A. Simpson was president and Z. H. Lawter secretary of the Farmers' Union of the state of Oklahoma and that after the copy of the referendum petition was filed with the secretary of state that the petitions were sent to the various local organizations of the Farmers' Union over the state, and by them circulated among their members to obtain signatures to the petition, and that the expense of circulating the petitions was borne largely by that organization. And the first objection to the petition urged in the...
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