Legal Opinion · Dissent

Adams v. Fry

Supreme Court of Oklahoma

Decided May 1, 1951No. 35014Published

1DissentWelch, J.

I think it erroneous to consider the 1949 act, or any part thereof, as merely amenda-tory of the 1945 act, or of the 1947 act. It seems to me the clear intent of the 1949 act was to preserve from repeal a part of the benefits granted by the 1947 act by reference thereto in the 1949 act.

If.the legislative intent is clear then it is our duty to sustain the act unless it is apparent beyond a reasonable doubt that it violates a constitutional provision.

I think it was the purpose of the 1949 act not merely to amend any one or more prior salary acts, but to enact a comprehensive salary act fixing…

2Cases cited22 opinions

  1. Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
  2. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
  3. Associated Industries of Oklahoma v. Industrial Welfare CommissionSupreme Court of Oklahoma · 1939
  4. Grable v. BlackwoodSupreme Court of Arkansas · 1929
  5. Phelps v. ChildersSupreme Court of Oklahoma · 1939

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