# Lowden v. Excise Board of Texas County

> Supreme Court of Oklahoma · May 23, 1939 · 185 Okla. 143

URL: https://www.frixlaw.com/law-library/cases/3801540

## Case

- **Full name:** LOWDEN Et Al. v. EXCISE BOARD OF TEXAS COUNTY
- **Court:** Supreme Court of Oklahoma
- **Decided:** May 23, 1939
- **Citations:** 185 Okla. 143; 90 P.2d 923; 1939 OK 260; 1939 Okla. LEXIS 274
- **Precedential status:** Published
- **Opinion:** Concurrence by Davison
- **Judges:** Gibson, Davison, Bayless, Welch, Riley, Osborn, Corn, Danner, Hurst, Dayison
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3801540

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3801540. Public record. Not legal advice.