Opinion

In Re Initiative Petition No. 2 of Cushing

157 Okla. 54
10 P.2d 271
1932 OK 124
1932 Okla. LEXIS 786

Court: Supreme Court of Oklahoma
Filed: Feb 16, 1932
Status: Published
Author: Andrews
On the bench: Andrews, Swindall, Lester, Clark, Riley, Hefner, Oullison, McNeill, Kornegay
Cited by: 50 cases

holding the procedure is not mandatory, but, if substantially followed, will be sufficient

How later courts described this case

holding the procedure is not mandatory, but, if substantially followed, will be sufficient

Written by the judges who cited it.

The opinion

ANDREWS, J.

I concur in the conclusion, but I do not concur in the law announced. In my opinion sections 4 (a) to 4 (e) of article 18 of the Constitution relates to the initiative and referendum and Sections 5 (a), 5 (b) of that article relate to franchises. I think that different things are considered and different procedure provided by the two sections. In my opinion the procedure for the initiative and referendum is not applicable to franchises.

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