Carter v. Rathburn
Supreme Court of Oklahoma
Hence, for the sole reason that this appropriation is not made in strict compliance with the law, this court is of the view that it is an invalid appropriation. Not because the Governor has disapproved this item after the adjournment of the Legislature, but simply because it has not become a law as •required by the provisions of the Constitution. Eliing and Kennamer, JJ., dissenting. Error from District Court, Oklahoma County; Cham Jones, Assigned Judge.
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Hence, for the sole reason that this appropriation is not made in strict compliance with the law, this court is of the view that it is an invalid appropriation. Not because the Governor has disapproved this item after the adjournment of the Legislature, but simply because it has not become a law as •required by the provisions of the Constitution. Eliing and Kennamer, JJ., dissenting. Error from District Court, Oklahoma County; Cham Jones, Assigned Judge. Mandamus by Norma Rathburn against F. O. 'Carter, State Auditor, to compel auditing of claim for salary as state employe. Judgment for…
1DissentElting, J.
The writer of this opinion feels impelled to make this formal dissent from the opinion of the majority of the court for the reason of the importance of the question involved, and, secondly, by reason of our sincere and radical differences with the majority opinion.
We are called upon in this case for the first time to decide the particular question involved herein, and it is a very important constitutional question. A written Constitution is the highest expression of the sovereign will of the people. The very life and spirit of our government centers around the written Constitutions o.f the…
2Cases cited17 opinions
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- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Crocket v. StateIndiana Supreme Court · 1870
- Fulmore v. LaneTexas Supreme Court · 1911
- May v. ToppingWest Virginia Supreme Court · 1909
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