Legal Opinion

State Ex Rel. Reardon, Co. v. Scales

Supreme Court of Oklahoma

Decided August 10, 1908No. 300PublishedCited by 32 opinions

Application by the state, on the relation of Edward E. Rear-don, for writ of mandamus to Henry M. Scales, mayor of the city of Oklahoma City, and others.

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Application by the state, on the relation of Edward E. Rear-don, for writ of mandamus to Henry M. Scales, mayor of the city of Oklahoma City, and others. This action was instituted on the 21st day of July, A. D. 1908, on the part of the state of Oklahoma, on the relation of Edward E. Reardon, county attorney of Oklahoma county, of said slate, by a proper petition, wherein it was alleged that at all times therein mentioned the city of Oklahoma City was a city of the first class,, located and situated in the county of Oklahoma, in said state, containing a population in excess of 2,000…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above). 1. The first question to be determined is whether or not section 3 of article 18 of the Constitution (Bunn's Ed. §§ 413 and 414) is self-executing, or susceptible of execution without additional legislation to put it in force. The states of California, Colorado, Minnesota, Missouri, Oregon and Washington have similar provisions. Const. Cal. 1879, art. 11, § 8; Const. Colo, (as amended 1901) art. 20; Const. Mo. 1875, art. 9, § 16 (Ann. St. 1906, p. 265); Const. Minn, (as amended 1898) art. 4, § 36; Const. Or. (as .amended 1906) art. 11, § 2; Const. Wash.…

2Cases cited27 opinions

  1. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  2. In re ClohertyWashington Supreme Court · 1891
  3. State Ex Rel. Edwards v. MillarSupreme Court of Oklahoma · 1908
  4. Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
  5. Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896

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

3Cited by32 opinions

  1. City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
  2. Owen v. City of TulsaSupreme Court of Oklahoma · 1910
  3. Zachary v. City of WagonerSupreme Court of Oklahoma · 1930
  4. Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
  5. Thurston, County Treasurer v. CaldwellSupreme Court of Oklahoma · 1913

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

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