State ex rel. Doyle v. Koontz

248 P.2d 412, 69 Nev. 247, 1952 Nev. LEXIS 82
CourtNevada Supreme Court
DecidedSeptember 19, 1952
DocketNo. 3723
StatusPublished

This text of 248 P.2d 412 (State ex rel. Doyle v. Koontz) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Doyle v. Koontz, 248 P.2d 412, 69 Nev. 247, 1952 Nev. LEXIS 82 (Neb. 1952).

Opinion

OPINION

Per Curiam:

This proceeding presents the sole question as to whether an initiative petition, when submitted to the electors by the secretary of state after the legislature fails to take action thereon, must be printed in full upon the ballots or may be submitted by title accompanied with a brief statement of the purport thereof.

[249]*249There was submitted to the 1951 session of the state legislature an initiative petition proposing the enactment of an act popularly referred to as the “Right to Work Act.” The legislature having failed to act upon the said initiative petition within the time provided by constitutional and statutory provisions hereinafter referred to, the respondent secretary of state ádvised petitioners that he intended to have ballots printed for the submission of the said initiative petition to the qualified electors for approval or rejection at the next ensuing general election by printing upon the ballot the title of the said proposed act, together with a brief explanation thereof. Relators thereupon made demand in writing upon the secretary of state that he print the petition in full upon the ballot, which written demand the secretary of state again rejected upon advice of the attorney general. It is conceded that unless commanded to do so by this court the secretary of state will not print the entire petition on the ballot. No question is raised as to the propriety of the remedy sought.

What is known as the initiative amendment to the state constitution was proposed to and passed by the 1909 legislature, agreed to and passed by the 1911 legislature, and approved and ratified by the people at the general election of 1912. It now appears as section 3 of article 19 of the state constitution, N.C.L.1929, sec. 207. Among other things, it reserves to the people the power to propose and enact laws independent of the legislature, and provides methods for the submission to the legislature of such proposed legislation. It further provides: “If said initiative measure be rejected by the legislature, or if no action be taken thereon within said forty (40) days, the secretary of state shall submit the same to the qualified electors for approval or rejection at the next ensuing general election.” The last sentence of the section reads as follows: “The provision[s] of this section shall be self-executing, but legislation may be especially enacted to facilitate its operation.”

The legislature of 1921, Stats. 1921, 108, passed “An [250]*250act prescribing the procedure to be followed in the presentation and adoption of acts initiated by the people.”, now secs. 2570-2580, N.C.L.1929. Section 2575 repeats the provision above quoted, when no action is taken upon the petition by the legislature within forty days. So far as the same affects the present situation, the legislative act, secs. 2570-2580 N.C.L., appears to do no more than codify the provisions of the constitutional amendment. The language of the constitution is maintained virtually intact.

The general election law of 1917, Stats. 1917, 358, N.C.L.1929, secs. 2438-2539, bears directly upon the question. Section 2471, being sec. 34 of said election law, requires the secretary of state to certify to each county clerk any proposed constitutional amendment “or other question * * * to be submitted to the popular vote,” sending to the county clerks copies of such questions to supply to each inspector of election, to post three copies in each precinct and to publish the same three times in a newspaper. Section 2473, being sec. 36. of the election law, provides in part: “Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote upon the question in the manner hereinafter provided, with a brief statement of the purport of such question.”

Relators, maintaining that sec. 3 of article 19 of the constitution is self-executing, but conceding the right of the legislature to enact legislation “to facilitate its operation,” insist first that the clear wording of the constitution providing that if said initiative measure is not acted upon by the legislature, the secretary of state shall submit the same to the qualified electors at the next ensuing general election, leaves no doubt as to the requirement that the entire initiative petition must be printed on the ballot; and that the provisions of sec. 36 of the election law above quoted as to how the question shall be printed upon the ballot have reference [251]*251only to ensuing provisions as to manner of printing, size of type, etc.

We must reject these contentions. The secretary of state, if not otherwise ordered by this court, will place the matter on the ballot as follows:

“Question No. 1
“Initiative Petition
“SHALL — An act relating to employment; prohibiting the denial of employment because of nonmembership in a labor organization; prohibiting agreements excluding any person from employment because of nonmembership in a labor organization; prohibiting strikes or picketing to induce violation of this Act; making illegal compelling or attempting to compel a person to join a labor organization or leave his employment against his will; prohibiting conspiracies to cause the discharge of any persons because of nonmembership in a labor organization ; and prescribing penalties for the violation thereof. —be approved ?
“Yes......................
“No........................
“(EXPLANATION OF QUESTION No. 1)
“The initiative measure, if adopted, will make it unlawful to deny any person the opportunity to obtain or retain employment because of nonmembership in a labor organization, and will prohibit any written or oral agreement whereby any person is excluded from employment because of nonmembership in a labor organization, or the compelling by any person, labor organization or officer or agent thereof, the joining by any person of an organization or to engage in a strike against his will. Prohibits a conspiracy by two or more persons to cause the discharge of any person or cause him to be denied employment because he is not a member of a labor organization.”

It is not claimed that the “brief statement of the purport of such question” is deficient. It is not contended, [252]*252that if so placed upon the ballot it would not be “in such manner as to enable the electors to vote upon the question.” It is not contended that the question as to the approval or rejection of the initiative petition would not in such case be submitted to the voters. It is most seriously contended however that the constitutional provision through the language hereinabove quoted requires that said initiative measure be submitted to the electors and that compliance with this requirement can only be had by placing the entire measure upon the ballot.

Such authorities as have considered the question support us in rejecting- this theory.

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Related

State ex rel. Thompson v. Winnett
110 N.W. 1113 (Nebraska Supreme Court, 1907)

Cite This Page — Counsel Stack

Bluebook (online)
248 P.2d 412, 69 Nev. 247, 1952 Nev. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-doyle-v-koontz-nev-1952.