Say v. Baker, 18566

• Decision Date: 28 February 1958
• Docket Number: No. 18566,18566
• Citation: 322 P.2d 317,137 Colo. 155
• Parties: , 34 Lab.Cas. P 71,336 Arthur R. SAY, Lyman G. Linger, and Emily G. Bogert, Petitioners, v. The Honorable George J. BAKER, Secretary of State, The Honorable Duke W. Dunbar, Attorney General, and The Honorable Floyd F. Miles, Reporter of the Supreme Court, Respondents.
• Court: Colorado Supreme Court

Page 317

322 P.2d 317

137 Colo. 155, 34 Lab.Cas. P 71,336

Arthur R. SAY, Lyman G. Linger, and Emily G. Bogert, Petitioners, v. The Honorable George J. BAKER, Secretary of State, The

Honorable Duke W. Dunbar, Attorney General, and

The Honorable Floyd F. Miles, Reporter

of the Supreme Court, Respondents.

No. 18566.

Supreme Court of Colorado, En Banc.

Feb. 28, 1958.

Bozeman & Longway, Denver, for petitioners.

Charles A. Graham, Wayne D. Williams, Robert F. May, Denver, amici curiae.

MOORE, Justice.

In this original proceeding petitioners seek review of the action of the secretary of state, the attorney general and the reporter of the Supreme Court in fixing the ballot title and submission clause to a proposed initiative amendment to the Constitution of Colorado.

The amendment which petitioners propose to submit to the people by way of initiated petition is as follows:

'Be It Enacted by the People of the State of Colorado:

'Article II of the Constitution of the State of Colorado is hereby amended by adding thereto a new section reading:

'Section 29. No person shall be denied the freedom to obtain or retain employment because of membership or non-membership in any labor union or labor organization; nor shall the State of Colorado or any subdivision thereof, or any individual, corporation, agent, employee representation committee, or any kind of association enter into or extend any contract, agreement, or understanding, written or oral, which excludes any person from employment or continuation of employment because of membership or non-membership in any labor union or labor organization.'

Pursuant to the pertinent statute the secretary of state, the attorney general and the reporter of the Supreme Court prepared a ballot title and submission clause, to which petitioners made objection. Upon hearing the objection the ballot title and submission clause was duly amended to read as follows:

'An Act to Amend Article 2 of the State Constitution, by Adding a New Section Thereto Providing That Membership or Non-Membership in Any Labor Union or Labor Organization Shall Not Be Cause for Denying Employment to Any Person; and Providing That No Agreement Shall Be Entered Into Requiring Such Membership or Non-Membership as a Condition of Employment.'

Petitioners assert in this court that:

'The Ballot title and submission clause are unfair and do not fairly express the true meaning and intent of the proposed constitutional amendment. They are not clearly stated in language identifiable with or expressive of the proposed amendment. They should further contain the words 'Freedom to Work' consistent with similar expressions of protection of liberty and individual dignity found in the Bill of Rights. * * *'

They urge the assignment of a ballot title and submission clause as follows:

'An Act to Amend Article II of the State Constitution to Guarantee Freedom to Work Regardless of Membership or Non-Membership in Any Labor Organization, and to Prohibit Contracts Denying Such Freedom.'

Pertinent parts of the statute relating to the question are to be found in C.R.S.1953, 70-1-1, as follows:

'Within three days after such submission, the secretary of state shall call to his assistance the attorney general and the reporter of the supreme court, the three of whom, a majority controlling, shall designate and fix a proper fair title for said proposed law or constitutional amendment within five days thereafter, also its ballot title and submission clause, which shall correctly and fairly express the true intent and meaning of the law or constitutional amendment, and immediately thereafter he shall deliver the same with the original to the parties presenting it, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief and shall not conflict with those previously selected for any petition previously filed for the same election.

'If any persons presenting such initiative petition are not satisfied with the titles and submission clause thus provided and claim them to be unfair or that they do not fairly express the true meaning and intent of the proposed law or constitutional amendment, within forty-eight hours after its return they may file a motion with the secretary of state for a rehearing, which shall be passed upon by said board within forty-eight hours thereafter, and if overruled, upon request, a certified copy of said petition with...