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…
1Opinion of the CourtHarrison, C. J.
This proceeding was begun in the court below by Norma Rath-burn, a clerk in the State Examiner’s office, to compel the State Auditor to audit a claim for $125 as salary for the month of July, 1921; and to compel the auditor to carry upon his records an item of $1,500, alleged to have been appropriated by the Legislature as a yearly salary for said clerk for each of the years 1922 and 1923. The district court granted a peremptory writ of mandamus, directing the State Auditor to carry such item of appropriation upon his records. The State Auditor has appealed from such judgment to this court.
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2Cases cited3 opinions
- Woodall v. DarstWest Virginia Supreme Court · 1912
- May v. ToppingWest Virginia Supreme Court · 1909
- Regents of the State University v. Trapp, AuditorSupreme Court of Oklahoma · 1911
3Cited by26 opinions
- State Ex Rel. Hudson v. CarterSupreme Court of Oklahoma · 1933
- In Re the Assessment of Personal Property Taxes Against Missouri Gas EnergySupreme Court of Oklahoma · 2008
- Cameron Coal Co. v. CollopySupreme Court of Oklahoma · 1924
- Peebly v. ChildersSupreme Court of Oklahoma · 1923
- State Ex Rel. Martin v. ZimmermanWisconsin Supreme Court · 1939
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