Opinion

City of Okmulgee v. Okmulgee Gas Co.

  • 140 Okla. 88
  • 282 P. 640
  • 1929 OK 472
  • 1929 Okla. LEXIS 327
Court
Supreme Court of Oklahoma
Filed
Nov 5, 1929
Status
Published
On the bench
Andrews, Clark, Hefner, Hunt, Lesteii, Lester, Mason, Oullison, Riley, Swindall
Cited by
27 cases

Overruled on other grounds by PUBLIC SERVICE CO. OF OK. v. Caddo Electric Coop., 479 P.2d 572 (1971)

Later courts went against this

  • Overruled on other grounds by PUBLIC SERVICE CO. OF OK. v. Caddo Electric Coop., 479 P.2d 572 (1971)

    " City of Okmulgee v. Okmulgee Gas Co., 1929 OK 472, ¶ 45, 282 P. 640, overruled on other grounds in Pub. Serv. Co. of Okla. v. Caddo Elec. Coop., 1970 OK 219, 479 P.2d 572.7 See also Okla. Const. art. 5, § 44 (commanding the Legislature to "define what is an unlawful combination, monopoly, trust, act, or agreement, in restraint of trade, and enact laws to punish persons engaged in any unlawful combination, monopol…
    Supreme Court of OklahomaJan 18, 19714 citing opinionsother groundsRead it

The opinion

After a most thorough study of the questions involved herein and a careful review of numerous decisions of this court cited and relied on in the briefs filed herein, I am unable to agree with the opinion of the majority, that the act here in question is unconstitutional.

The sole responsibility for the enactment, of the law is the Legislature, and not ours, and under the oftannounced rule of this court and other courts of last resort, an act of the Legislature will not be declared unconstitutional unless we can say it is unconstitutional beyond all doubt, and I am unable to so say, as to this act, and therefore respectfully dissent.

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.

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