# Cox v. Dawson

> Supreme Court of Oklahoma · February 6, 1996 · 67 O.B.A.J. 542

URL: https://www.frixlaw.com/law-library/cases/9527649

## Case

- **Full name:** Bennie COX, Petitioner, v. Ralph DAWSON, Respondent
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 6, 1996
- **Citations:** 67 O.B.A.J. 542; 911 P.2d 272; 1996 OK 11; 1996 Okla. LEXIS 16; 1996 WL 44989
- **Precedential status:** Published
- **Opinion:** Dissent by Simms
- **Judges:** Kauger, Ala, Wilson, Hargrave, Summers, Chapel, Hodges, Lavender, Simms, Opala
- **Cited by:** 64 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/9527649

## How later opinions describe it (automated extraction)

- concluding that a statute was "ambiguous because of what it does not say" and then supplying the statutory provision that the Court thought was needed
- noting that "[u]nder our case law, we hesitate to construe any statute that appears clear and unambiguous”

## Opinion text

SIMMS, Justice,
dissenting:
I agree that original jurisdiction should be assumed, however, I would grant the requested relief in the nature of quo warranto. The statute in question, 45 O.S.1991, § 1, is plain and unambiguous on its face. The majority seems to find it ambiguous, not because of what it says, but because of what it doesn’t say. In effect, the majority indulges in judicial legislation by supplying language to the statute which just isn’t there.
A plain reading of § 1 gives State Mining Commissioner, Bennie Cox, a two year term of office. Because his appointment was effective January 1, 1994, his term expired January 1, 1996, at which time the vacancy became subject to being filled by gubernatorial appointment with the advice and consent of the Senate. See 45 O.S.1991, § 1(B). If the Legislature intends otherwise, it is free to amend § 1.
By reason of Okla. Const., Art 23, § 10, Petitioner Cox should be permitted to continue to perform the duties of his office until his successor is duly qualified.
I must respectfully dissent.
I am authorized to state that Justice Lavender joins with me in the views expressed herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9527649. Public record. Not legal advice.