Legal Opinion · Concurrence

Davis v. McCarty

Supreme Court of Oklahoma

Decided January 10, 1964No. 40496Published

1Concurrence

HALLEY, Vice Chief Justice

(specially-concurring) .

It is my opinion that Art. 5, § 10(d) of the Constitution of the State of Oklahoma, which provides that no county shall ever take part in the election of more than seven representatives is unconstitutional under the provisions of the Constitution of the United States which is the supreme law of the land. Therefore, so far as the apportionment Act retains such limitation in the House of Representatives for Oklahoma and Tulsa Counties it is unconstitutional.

I realize that the declaring of a portion of our State Constitution to be…

2Cases cited10 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Romine v. StateWashington Supreme Court · 1893
  3. People v. Western Union Telegraph Co.Supreme Court of Colorado · 1921
  4. Appeal of National Bank of TulsaSupreme Court of Oklahoma · 1957
  5. In re the Appeal of the National Bank of Commerce of TulsaSupreme Court of Oklahoma · 1957

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