Opinion

Lowden v. Excise Board of Texas County

  • 185 Okla. 143
  • 90 P.2d 923
  • 1939 OK 260
  • 1939 Okla. LEXIS 274
Court
Supreme Court of Oklahoma
Filed
May 23, 1939
Status
Published
Author
Davison
On the bench
Gibson, Davison, Bayless, Welch, Riley, Osborn, Corn, Danner, Hurst, Dayison
Cited by
2 cases

The opinion

DAVISON, J.

(specially concurring). I am inclined to agree with the result announced in the majority opinion and with the declaration that the portion of the legislative act complained of is unconstitutional. However, I cannot agree with that part of the opinion holding, in effect, that the Legislature, itself, by reason of constitutional inhibitions, could not have done that which was in this case attempted by the administrative official.

The administrative official, in effect, attempted to preserve the identity of the old or former school district for the purpose of paying, by two levies for sinking fund purposes, its pre-existing bonded indebtedness. In my judgment, this could be accomplished by a properly framed legislative act without offense to constitutional inhibitions.

I, therefore, concur in the conclusion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.