Legal Opinion · Dissent

Wells v. Childers

Supreme Court of Oklahoma

Decided October 4, 1945No. 32272Published

1Dissent

RILEY J.

(dissenting). This is an original proceeding attacking the constitutionality of H. B. 518 enacted by the 20th Legislature, creating the Governor’s Contingency Fund, and seeking to restrain expenditures from the fund.

The appropriation is assailed on the ground that the act delegates legislative power to the Governor, in violation of article 4 of the Constitution, which reads:

“The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in the Constitution, the Legislative,…

2Cases cited20 opinions

  1. Fergus v. RusselIllinois Supreme Court · 1915
  2. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  3. State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
  4. Edwards v. ChildersSupreme Court of Oklahoma · 1924
  5. Menefee, State Treas. v. AskewSupreme Court of Oklahoma · 1910

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