Legal Opinion

Atwater v. Hassett

Supreme Court of Oklahoma

Decided October 26, 1910No. 2061PublishedCited by 31 opinions

Error from District Court, Oldahoma County; John J. Carney, Judge. Action between Joseph Atwater and W. T. Hassett and others. From the judgment, Atwater brings error. Citing: Gook v. State of Tennessee, 13 L. R. A. 183; May & Thomas Hardware Go. v. Mayor, etc., of Birmingham, 123 Ala. 306; Minor v. Hdppersett, 21 Wall. 162; Williams v. Mississippi, 170 TJ.

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Error from District Court, Oldahoma County; John J. Carney, Judge. Action between Joseph Atwater and W. T. Hassett and others. From the judgment, Atwater brings error. Citing: Gook v. State of Tennessee, 13 L. R. A. 183; May & Thomas Hardware Go. v. Mayor, etc., of Birmingham, 123 Ala. 306; Minor v. Hdppersett, 21 Wall. 162; Williams v. Mississippi, 170 TJ. S. 220. —Contending, inter alia, that the amendment in question is in conflict with the fourteenth and fifteenth amendments of the Constitution of the United States: Wiley v. Sinkler, 179 U. S. 58; Swofford v. Templeton, 185 U. S. 487; Ex…

1Opinion of the CourtWilliams, J.

The following questions are raised: (1) Is section 4 (a) of article 3 of the 'Constitution, as adopted at the election on the first Tuesday in August, A. Í). 1910, invalid for the reason that said amendment was submitted at the primary, election, held “throughout the state” at said time, 'and not at the general election to be held “throughout the state,” for the election of state officers on the second Tuesday of November in said year, and was not submitted under any valid procedure for the amendment of said Constitution? (2) Is said provision in violation of the fourteenth or fifteenth…

2Cases cited38 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Ex Parte VirginiaSupreme Court of the United States · 1880
  3. Neal v. DelawareSupreme Court of the United States · 1881
  4. Soon Hing v. CrowleySupreme Court of the United States · 1885
  5. Minor v. HappersettSupreme Court of the United States · 1875

33 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In Re Initiative Petition No. 314Supreme Court of Oklahoma · 1980
  2. In Re Initiative Petition No. 2 of CushingSupreme Court of Oklahoma · 1932
  3. State Ex Rel. Short v. JohnsonSupreme Court of Oklahoma · 1923
  4. In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
  5. School Dist. No. 25 v. HodgeSupreme Court of Oklahoma · 1947

26 more not listed; retrieve them via the Exa API.

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