# City of Okmulgee v. Okmulgee Gas Co.

> Supreme Court of Oklahoma · November 5, 1929 · 140 Okla. 88

URL: https://www.frixlaw.com/law-library/cases/3820098

## Case

- **Full name:** City of Okmulgee v. Okmulgee Gas Co. (Oklahoma Natural Gas Corp. Substituted)
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 5, 1929
- **Citations:** 140 Okla. 88; 282 P. 640; 1929 OK 472; 1929 Okla. LEXIS 327
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** Andrews, Clark, Hefner, Hunt, Lesteii, Lester, Mason, Oullison, Riley, Swindall
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by PUBLIC SERVICE CO. OF OK. v. Caddo Electric Coop., 479 P.2d 572 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3820098

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3820098. Public record. Not legal advice.