Tillman v. Christian

1963 OK 285, 388 P.2d 290, 1963 Okla. LEXIS 559, 48 Lab. Cas. (CCH) 50,980
CourtSupreme Court of Oklahoma
DecidedDecember 17, 1963
DocketNo. 40421
StatusPublished
Cited by7 cases

This text of 1963 OK 285 (Tillman v. Christian) 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.

Bluebook
Tillman v. Christian, 1963 OK 285, 388 P.2d 290, 1963 Okla. LEXIS 559, 48 Lab. Cas. (CCH) 50,980 (Okla. 1963).

Opinion

DAVISON, Justice.

In this proceeding, brought here by appeal from an order of the Secretary of State, the court is called upon to determine whether Initiative Petition No. 272 is sufficient, both numerically and legally, for submission to a vote of the people as State Question No. 409. The measure under challenge seeks to amend the Oklahoma Constitution by adding thereto, as Section 12, Article 23, a provision forbidding execution and application of union-management agreements which require as a condition of employment either membership in, or payment of charges to, a labor organization. The federal law, Sec. 14(b) of the National Labor Relations Act of 1947 (commonly known as the Taft-Hartley Law), 29 U.S.C. § 164(b), places within the reach of state prohibition such contractual arrangements between an employer and the exclusive bargaining agent. Retail Clerks International Association, Local 1625, AFL-CIO v. Schermerhorn, 373 U.S. 746, 83 S.Ct. 1461, 1464, 10 L.Ed.2d 678, 683. Appellants, who seek our declaration of the petition’s invalidity, will be designated as “protestants” ; the appellee will be called “proponents”.

In conformity with the principles enunciated by this court in the case of In re Initiative Petition No. 23, State Question No. 38, 35 Okl. 49, 127 P. 862, 864, and In re Initiative Petition No. 249, 203 Okl. 438, 222 P.2d 1052, this cause was assigned to one of the referees with directions to accord protestants full relief by trial de novo and to report his findings of fact and conclusions of law. The many extended hearings before the referee terminated at the conclusion of protestants’ evidence when proponents moved to find the proof insufficient, prima facie, to establish that the petition lacks the necessary number of valid signatures. The referee’s report does find protestants’ evidence insufficient to invalidate the petition.

The petition consists of 12,701 pamphlets containing a total of 212,700 signatures. According to the stipulation of the parties, the petition, which initiates a constitutional amendment, is required to bear that number of signatures thereon which equals 15 per centum of the highest number of votes cast for a state office at the last general election. Art. 5, Sec. 2, Oklahoma Constitution. Therefore, the present petition, to be numerically sufficient, must contain a minimum of 135,472 valid signatures. This number is admitted to equal the percentage of votes required by Art. 5, Sec. 2, supra, and the figure is correctly predicated upon the returns of the general election held in 1960 — the general election next preceding the circulation and filing of this petition. The referee ' found that the petition bears 77,228 signatures in excess of the minimum number required by Art. 5, Sec. 2, supra. (212,700 minus 135,472). The burden devolved upon protestants to overcome, by competent evidence, the presumption that all signatures on the petition are genuine and the signers thereof qualified. In re Initiative Petition No. 253, State Question No. 357, Okl., 268 P.2d 844; In re Referendum Petition No. 130, State Question No. 395, Okl., 354 P.2d 400, 402.

At the hearings before the referee, protestants presented 104,835 challenges which were directed, on miscellaneous grounds, to 99,212 individual signatures upon the petition. After deducting challenges found to be prima facie untenable, the referee concluded that the total challenges presented fell below the minimum number of signatures protestants had to invalidate in order to show the petition numerically insufficient.

In their exceptions to his report protestants complain that the referee rejected their challenge to 211 signatures shown to have been placed on the affidavit page rather than on the signature page of the pamphlet. There was no evidence that any of the signatures which fell in this category were either false or the signers disqualified under the law. Nor did it appear that any of the signers failed or omitted to place opposite their name the data required by 34 O.S.1961 § 2.

[293]*293We find no error in the referee’s conclusion on the above point. The challenged signatures were free from invalidity. The law does not require strict observance of the provisions governing the initiative procedures. Substantial compliance therewith is deemed sufficient. 34 O.S. 1961 § 24; In re Referendum Petition No. 130, State Question No. 395, Okl., 354 P.2d 400, 402.

The defect advanced by protestants is in the nature of a technical error which does not operate to render the signatures invalid. While in the case of In re Initiative Petition No. 176, State Question No. 253, 187 Okl. 331, 102 P.2d 609, 610, 611, signatures on the affidavit page were stricken by the referee, the court did not make therein a pronouncement upon the specific point raised here, but merely “accepted,” pro forma, the unchallenged conclusions and findings of the referee. The cited case thus affords no authority and basis for protestants’ contention that the referee’s conclusion herein is in conflict therewith.

The referee concluded that the verity of a circulator’s affidavit does not stand destroyed by the proof showing one or more signatures on a pamphlet to be false or forged. According to protestants’ argument, the circulators are required by law to be present when signatures are placed on the petition, 34 O.S.1961 § 6, and, therefore, they must, as a matter of law, be charged with knowledge of the fact that a person has placed on the petition a name or names other than his own. Protestants urge that when a circulator falsely verifies that each of the signers has signed his own name, none of the names on such petition should be counted unless affirmatively proven by proponents to be genuine.

If the circulator’s affidavit is “wil-fully, corruptly and intentionally” false and is impeached for fraud in its execution, the probative value of such affidavit is destroyed and none of the signatures on the sheet will be counted unless affirmatively shown to be genuine. However, in order to invalidate all signatures upon a pamphlet, more proof is required than the presence of a single false signature or of some false signatures on the sheet. Protestants must go further and establish intentional fraud, wilful misconduct or guilty knowledge on the part of those who circulated the questioned pamphlets. The element of conscious and deliberate fraud must be present. Mere falsity of a single signature, or some signatures, on a pamphlet, does not of itself render the circulator’s affidavit thereon fraudulent nor does it operate to taint such affidavit by guilty knowledge. The phrase “guilty knowledge” is synonymous with the term scienter. It means culpable ignorance of the truth or conscious awareness of falsity. Fraud or guilty knowledge will not be imputed to the circulator, but must be affirmatively established. In re State Question No. 138, Initiative Petition No. 89, 114 Okl. 285, 244 P. 801, 804. In re Initiative Petition No. 224, 197 Okl. 432, 172 P.2d 324, 326; see also Sturdy v. Hall, 204 Ark. 785, 164 S.W.2d 884, 887; Pafford v. Hull, 217 Ark. 734, 233 S.W.2d 72, 74.

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Oklahoma Attorney General Reports, 1969
In Re Initiative Petition No. 272, State Question No. 409
388 P.2d 290 (Supreme Court of Oklahoma, 1964)

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Bluebook (online)
1963 OK 285, 388 P.2d 290, 1963 Okla. LEXIS 559, 48 Lab. Cas. (CCH) 50,980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillman-v-christian-okla-1963.