Legal Opinion · Dissent

Kirk v. Board of County Commissioners

Supreme Court of Oklahoma

Decided June 5, 1979No. 53103Published

1DissentWilliams, Justice

What is involved in this case is simply that the five officers named in the caption hereof obtained a writ of mandamus requiring the Board of County Commissioners of Muskogee County to give them a pay raise in the middle of the terms of office to which they, respectively, had been elected and Board appeals. I would reverse.

Our Oklahoma Constitution, Art. XXIII, Section 10 in pertinent part reads as follows, to-wit:

Except wherein otherwise provided in this Constitution, in no case shall the salary or emoluments of any public official be changed after his election or appointment, or during his…

2Cases cited22 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Crowell v. BensonSupreme Court of the United States · 1932
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  5. Love v. BaehrCalifornia Supreme Court · 1874

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