Legal Opinion · Dissent

State Ex Rel. City of Okmulgee v. Moroney

Supreme Court of Oklahoma

Decided April 12, 1932No. 22969Published

1DissentKornegay, J.

I cannot assent to the doctrine of the majority. Its effect is too disastrous, as I view it, to the general welfare of the state. Its example to propagandists and self-servers elsewhere is alluring. The opinion is founded on the sands of the “Bodine Case,” rather than upon the rock of the Constitution. It is but a step, though rather a long one, in “judicial legislation” that appears at times to obsess the minds of courts of last resort. This might aptly be termed an “ego complex,” with a parting gesture, were it not, in fact, an usurpation, the ultimate effect, if not cheeked, being…

2Cases cited17 opinions

  1. Metropolis Theater Company, Plffs. In Err. v. City of Chicago and Ernest J. MagerstadtSupreme Court of the United States · 1913
  2. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  3. City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
  4. Oklahoma News Co. v. RyanSupreme Court of Oklahoma · 1924
  5. Owen v. City of TulsaSupreme Court of Oklahoma · 1910

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