Oklahoma Turnpike Authority, Application of, 34736

• Decision Date: 21 July 1950
• Docket Number: No. 34736,34736
• Citation: 221 P.2d 795,203 Okla. 335
• Parties: Application of OKLAHOMA TURNPIKE AUTHORITY.
• Court: Oklahoma Supreme Court

Page 795

221 P.2d 795

203 Okla. 335

Application of OKLAHOMA TURNPIKE AUTHORITY.

No. 34736.

Supreme Court of Oklahoma.

July 21, 1950.

Rehearing Denied July 27, 1950.

Syllabus by the Court

1. The building of public highways, including the building of such toll roads as may be constructed by the Oklahoma Turnpike Authority pursuant to statutory provisions of the Oklahoma Turnpike Act Title 69, Ch. 6, S.L.1947, pages 478-491, as amended in part by Title 69, ch. 6. S.L.1949, pages 513-517, 69 O.S.Supp.1949, §§ 651-673; is not a matter affecting merely a particular locality or the inhabitants thereof; and laws pertaining to the same are not local or special laws, since such public roads affect and serve the public at large, and such laws pertain to questions or subjects in which the entire state is interested.

2. The provisions of Sec. 5, and Sec. 11 of the Turnpike Act, 69 O.S.Supp. §§ 655, 661, above cited authorizing the Authority to fix, revise, charge and collect tolls for the use of the turnpike project do not violate the provisions of the Constitution, Art. IX, Sec. 18, vesting power and Authority in the Corporation Commission to supervise, regulate and control transportation and transmission companies. And since the statutes confer valid power on the Authority to so fix and collect tolls, the promise to do so in the trust agreement executed in connection with the sale of the bond issue, constitutes no violation of such constitutional provision.

3. The provisions of the Turnpike Act above cited exempting the Oklahoma Turnpike Authority from the payment of taxes or assessments upon any turnpike project or property acquired or used by it, and exempting the bonds from taxation, do not violate the provisions of Art. V, Sec. 50 of the Constitution.

4. Turnpike revenue bonds issued by the Oklahoma Turnpike Authority under authority granted by the Turnpike Act above cited, which bonds expressly provide that they are payable solely from revenue to be derived from operation of the turnpike or toll road for the construction of which they are issued, and that they are not an indebtedness of the State of Oklahoma, do not constitute an indebtedness of the State of Oklahoma in violation of Sec. 23, Art. X of the Constitution, as amended March 11, 1941, or of Secs. 24 and 25, Art. X of the Constitution. Oklahoma Planning and Resources Board, 201 Okl. 178, 203 P.2d 415.

5. Turnpike Revenue Bonds issued by the Oklahoma Turnpike Authority are not such bonds as require the endorsement thereon of a certificate signed by the Auditor and the Attorney General of the State in accordance with Sec. 29, Art. X of the Constitution.

6. Section 57, Art. V of the Oklahoma State Constitution, Okla.St.Ann.Const. Art. V, § 57, is not to be construed in such a manner as to hamper or unreasonably restrict the legislature in the performance of its duty. The title limits the scope of an act but it is not essential that every detail in the body of the act be specifically mentioned therein. Musick v. State, 185 Okl. 140, 90 P.2d 631.

6-A. Title of The Oklahoma Turnpike Act above cited examined and held sufficient to warrant all provisions in the body of the act dealing with membership of the Board, liabilities referred to, laborers and employees, location construction and operation of toll roads, rights of condemnation, exemption from taxation, issuance sale and retirement of bonds, payments for property damage and the making of reports.

7. The Oklahoma Turnpike Act above cited does not violate the Constitution in the powers therein delegated to the Turnpike Authority or to the State Highway Commission.

8. The maturities of the Turnpike Revenue Bonds here involved, as fixed by resolution of the Authority, are not in violation of Sec. 9 of the Oklahoma Turnpike Act, 69 O.S.Supp. § 659, above cited, nor of Art. X, Sec. 25 of the Constitution. That constitutional provision has no application to bonds of this character.

9. The authority and power granted to the Turnpike Authority by the Oklahoma Turnpike Act above cited is not a grant of the sovereign powers of the state, but on the contrary it is a valid delegation of proper authority and power.

10. The Oklahoma Turnpike Act above cited does not violate the constitutional provisions against surrendering the power of taxation or against the granting of exclusive rights, privileges or immunities.

11. The provisions in section 4(c) of the Oklahoma Turnpike Act, 69 O.S.Supp. § 654(c), for the authority to reimburse for preliminary expense of stated engineering service does not render the act invalid.

12. The proposed plan of construction of the toll road involved does not disclose any violation of the Oklahoma Turnpike Act above cited, nor indicate any proposed illegal use of trust funds.

13. The provision in the Constitution, Art. XVI, Sec. 1, that the Legislature shall establish a department of highways with general road construction powers does not constitute any bar to the passage by the Legislature of this Oklahoma Turnpike Act above cited.

14. The Oklahoma Turnpike Authority in constructing and operating a toll road under the Oklahoma Turnpike Act above cited is not transacting business for the benefit of private investors so as to be ineligible to have and exercise the power of eminent domain.

15. The closing of side roads or section line roads in the construction of this toll road involves no violation of the Constitution or the exercise of any unlawful power.

16. The provisions of the Oklahoma Turnpike Act authorizing this proceedings in this court do not constitute violation of any constitutional provision as to due process of law.

17. The Oklahoma Turnpike Act does not constitute nor contemplate nor authorize the violation of any implied or express contract between the State of Oklahoma and Lincoln County of the State of Oklahoma.

18. Notice of sale of the bonds here involved is not invalid because it limits bids to 1/4th of one percent as to interest rates upon separate maturities and requires each bid to cover the entire bond issue.

19. Record examined, and held, that the named secretary-treasurer of the Turnpike Authority was properly selected and has valid authority to act in such capacity.

20. Record examined, and held, that the offer of protestants to prove numerous stated details of fact should be denied and no consideration should be given to such items of fact, except such fact items mentioned in the offer of proof as are mentioned, discussed and considered in this opinion.

21. Record examined, and held, that protestants have been accorded ample opportunity to present their objections to this bond issue by written pleadings and by written briefs and by argument in open court.

22. Upon full hearing, and due consideration, it is determined and held that legal and valid notice of this application was given, that the applicant and all protestants were fully heard and their grounds of protest considered, that the court is satisfied that the Turnpike Revenue Bonds of the Oklahoma Turnpike Authority in the sum of $31,000,000 have been properly authorized in accordance with the Oklahoma Turnpike Act, Title 69, ch. 6, S.L.1947, pages 478-491, as amended in part by Title 69, ch. 6, S.L.1949, pages 513-517, 69 O.S.Supp.1949, Secs. 651-673 and that when issued such bonds will constitute valid obligations in accordance with their terms and that such bonds should be and are approved by this court.

Mitchell and Pershing, New York City, Robinson, Shipp and Robertson, of Oklahoma City, for applicant, Oklahoma Turnpike Authority.

M. A. Cox, P. D. Erwin, Donald Powers, County Attorney, Chandler, Lawrence Jones, Bristow, Glasser & Glasser, Enid, Dan Moody, Austin, Tex., for protestants.

WELCH, Justice.

The applicant, hereinafter referred to as the Authority, pursuant to statutory provisions of The Oklahoma Turnpike Act, Title 69, ch. 6, S.L.1947, page 485, Sec. 9, as amended by Title 69, ch. 6, S.L.1949, page 515, Sec. 2, Title 69 O.S.Supp.1949 § 659, provided by resolution for the issuance of Turnpike Revenue Bonds in the sum of $31,000,000. This application for the approval of such bonds is authorized in the discretion of the Authority by statutory provisions of the Act S.L.1947, page 490, Sec. 18, Title 69 O.S.Supp.1949 § 668.

Notice of the hearing on such application was given in the manner provided by the last cited section, and in due time appearance was made and protests against the issuance of the bonds were filed and presented by the Board of County Commissioners of Lincoln County, Oklahoma, Board of Education of the City of Chandler, Oklahoma, otherwise known as Independent School District No. 1 of Lincoln County, Oklahoma, Jesse Berry, Roy Dawson, Chas. T. Wright, Ed Marshall, Wayne Rozell J. W. Turner, Glen R. Key, Victor D. Hellman, A. J. Betreumix, Luther Seaborn, E. C. Love, Blanche Gleckler, Albert C. Kelly, Al Clarke, John L. Collins, Ray O. Kelly, P. M. Moore, L. S. Thompson, L. B. Sneed, Joe Wheeler Etals, J. H. Dumas, H. W. Peden, Nora Peden, D. L. Kuykendall, Ted Herman, Sidney M. Groom, Viola E. Groom, Dick Cahill, Roy Clayton, W. C. Granam and Amil Strella.

Thereupon this court gave precedence to the cause and heard and considered the matters and contentions presented by the applicant and all protestants in order to properly determine all questions presented and to reach the decision contemplated by that statute.

We have considered the written application filed June 21, 1950, written protest filed July 6th, protestants' offer of proof filed July 10th, amendment to offer of proof filed July 13th, applicant's response to offer of proof filed July 13th, offer of proof filed July 17th, amendment to protest and offer of proof filed July 17th, oral discussion and argument of counsel for both sides presented July 3d, July 6th, July 10th, and July 17th, all oral requests to present proof and all documents and exhibits submitted and referred to, and...