Mendenhall v. Harrison

Citations

• 85 Okla. 117

Syllabus

<p>('Syllabus.)</p> <p>Muidcipial Corporations — Referendum on Ordinance — Petition —■ Substantial Compliance With Law.</p> <p>Petition was filed in the office of the mayor of Claremore, Obla, purporting to contain the signature of 483 legal voters of the city, the object of which was to invoke a referendum on ordinance No. 144, amending ordinance No. 24, of - said city, pursuant to article 5 of the Constitution, chapter 37, Rev. Laws 1910. The petition so to do required the signature of 275 legal voters of the city, together with the post-office address, residence, and street number opposite each signature. These requirements were complied with by the 483 petitioners, except the street number in each instance was omitted. However, following the names of 290 of such signers, was a designation of the ward of the city in which they resided. A protest was filed to said petition, alleging that the same was not in form-as required -by law in that .(a) the purported signatures of the same were not followed by the residence, street number, or proper post-office address of the purported signers thereon; (b) that said purported referendum petition did not set forth and contain a full and complete copy of the ordinance; (c) that the said petition did not ask for the submission of the question to be voted upon in the manner and form required by law — which protest was sustained by. the mayor. Held, that the petition substantially complied with the provisions of the Constitution and statute, supra, and that the mayor erred in sustaining the protest.</p>