Ralls v. Wyand
Supreme Court of Oklahoma
Joseph G. Ralls filed a protest against Referendum Petition No. 28, State Question No. 65. The protest was denied by Benjamin F. Harrison, Secretary of State, and protestant appeals. Protest sustained. The Legislature of the state of Oklahoma passed “An act providing for the permanent location of the seat of government and capítol of the state of Oklahoma, and creating a Board of Capitol Commissioners, and defining its powers and duties,” etc., etc.
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Joseph G. Ralls filed a protest against Referendum Petition No. 28, State Question No. 65. The protest was denied by Benjamin F. Harrison, Secretary of State, and protestant appeals. Protest sustained. The Legislature of the state of Oklahoma passed “An act providing for the permanent location of the seat of government and capítol of the state of Oklahoma, and creating a Board of Capitol Commissioners, and defining its powers and duties,” etc., etc. Section J of the act provides that: “The seat of government and capítol of the state of Oklahoma shall be and is hereby established at Oklahoma…
1Opinion of the Court
RUSSELL, Special Justice
(after stating the facts as above). In the consideration of the questions presented in this record, we are not unmindful of their importance and the gravity of the consequences to follow whatever conclusion is reached.
The powers of the initiative and the referendum reserved to the people occupy a prominent place in the Constitution and laws of this state, and their act, when invoking such powers, should be guarded by the courts, to the end that whatever is their due is kept inviolate. In the exercise of such powers, it is necessary that the provisions of the…
2Cases cited5 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
- Wight v. WallbaumIllinois Supreme Court · 1864
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- John V. Farwell Co. v. MatheisU.S. Circuit Court for the District of Minnesota · 1891
3Cited by14 opinions
- In Re Initiative Petition No. 349, State Question No. 642Supreme Court of Oklahoma · 1992
- In Re Initiative Petition No. 382Supreme Court of Oklahoma · 2006
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- In Re Initiative Petition No. 379Supreme Court of Oklahoma · 2006
- Routh v. WeaverCourt of Appeals of North Carolina · 1984
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