In Re Ballot Title for Initiative Petition No. 43, State Question No. 28

Supreme Court of Oklahoma

In Re Ballot Title for Initiative Petition No. 43, State Question No. 28

1912 OK 804, 128 P. 681, 35 Okla. 188, 1912 Okla. LEXIS 541

CourtSupreme Court of Oklahoma

DecidedDecember 3, 1912

Docket4061

StatusPublished

This text of 1912 OK 804 (In Re Ballot Title for Initiative Petition No. 43, State Question No. 28) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Ballot Title for Initiative Petition No. 43, State Question No. 28, 1912 OK 804, 128 P. 681, 35 Okla. 188, 1912 Okla. LEXIS 541 (Okla. 1912).

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Opinion

KANE, J.

This is an appeal from the action of the Attorney General in the matter of preparing and filing a title to State *189 Question No. 28, Initiative Petition No. 43, proposed for the purpose of repealing our present laws in relation to state, county, and precinct election boards, and in lieu thereof providing for state, county, and precinct election boards. It appears that the initiative petition has never been completed in the manner prescribed by law, in that it has never been filed with the Secretary of State with the requisite number of signers. The questions involved in the appeal have therefore become hypothetical. It has been often held by this court that:

“The Supreme Court will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no practical relief can follow.” (Edwards et al., Board of Trustees, v. Welch, 29 Okla. 335, 116 Pac. 791; Cleveland-Trinidad Paving Co. v. Woods, 29 Okla. 684, 119 Pac. 123; Bryan v. Sullivan, 29 Okla. 686, 119 Pac. 124.)

The appeal is therefore dismissed.

All the Justices concur. .

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KANE, J.

This is an appeal from the action of the Attorney General in the matter of preparing and filing a title to State *189 Question No. 28, Initiative Petition No. 43, proposed for the purpose of repealing our present laws in relation to state, county, and precinct election boards, and in lieu thereof providing for state, county, and precinct election boards. It appears that the initiative petition has never been completed in the manner prescribed by law, in that it has never been filed with the Secretary of State with the requisite number of signers. The questions involved in the appeal have therefore become hypothetical. It has been often held by this court that:

“The Supreme Court will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination of which no practical relief can follow.” (Edwards et al., Board of Trustees, v. Welch, 29 Okla. 335, 116 Pac. 791; Cleveland-Trinidad Paving Co. v. Woods, 29 Okla. 684, 119 Pac. 123; Bryan v. Sullivan, 29 Okla. 686, 119 Pac. 124.)

The appeal is therefore dismissed.

All the Justices concur. .

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Bluebook (online)

1912 OK 804, 128 P. 681, 35 Okla. 188, 1912 Okla. LEXIS 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ballot-title-for-initiative-petition-no-43-state-question-no-28-okla-1912.

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