Futrell v. Oldham
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division. Guy Fulh, Judge; The Constitution devolves the duties, powers and emoluments of the office of Governor upon the President of the Senate, and not the office itself. The office in case of vacancy devolves not upon the person of the President of the Senate, but upon that office, and therefore upon whatever individual holds it rightfully for the time bei ig.
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Appeal from Pulaski Circuit Court, Second Division. Guy Fulh, Judge; The Constitution devolves the duties, powers and emoluments of the office of Governor upon the President of the Senate, and not the office itself. The office in case of vacancy devolves not upon the person of the President of the Senate, but upon that office, and therefore upon whatever individual holds it rightfully for the time bei ig. When appellee’s term as President of the Senate, ended and appellant was elected to that office and qualified, he became entitled to exercise the powers and perform the duties of Governor…
1Opinion of the CourtMcCulloch, C. J.
The present litigation involves a construction of the following provisions of the Constitution of this State.
“Each house, at the beginning of every regular session of the General Assembly, and whenever a vacancy may occur, shall elect from its members a presiding officer to be styled, respectively, the President of the Senate, and the Speaker of the House of Representatives; and, whenever, at the close of any session, it may appear that the term of the member elected President of the Senate will expire before the next regular session, the Senate shall elect another president from those…
2Cases cited8 opinions
- State ex rel. Marr v. StearnsSupreme Court of Minnesota · 1898
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- People ex rel. Lynch v. BuddCalifornia Supreme Court · 1896
- Clifford v. HellerSupreme Court of New Jersey · 1899
- Chadwick v. EarhartOregon Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bryant v. EnglishSupreme Court of Arkansas · 1992
- State Ex Rel. Ayres v. GraySupreme Court of Florida · 1953
- State v. CaulkSuperior Court of Delaware · 1927
- State Ex Rel. Lamey v. MitchellMontana Supreme Court · 1934
- Olcott v. HoffOregon Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.