The opinion
McINERNEY, Justice
(dissenting in part):
I concur in that part of the opinion holding the joint resolution of the Legislature unconstitutional as violative of Article V, § 59 of the Oklahoma Constitution. Jack v. State, 183 Okl. 375 , 82 P.2d 1033 (1938). I dissent from that part of the opinion perpetuating the doctrine of sovereign immunity from tort liability. Oklahoma City v. Taylor, Okl., 470 P.2d 325, 329 (1970) (concurring specially) ; Newman v. State ex rel. Board of Regents, Okl., 490 P.2d 1079 , 1085 (1971) (dissenting).
The joint resolution in the present case, S.L.1969, p. 617, as in Newman, S.L.1967, p. 718, states the following as a predicate:
“WHEREAS, the judicial rule that there exists an immunity of the state from liability for tortious acts of its employees operates to exempt the state from satisfaction of rightful claims since no provision has been made in Oklahoma for adjudication thereof, as has been properly provided elsewhere; and
“WHEREAS, the additional immunity of the state from suit, unless specifically consented to by the state, and the legislative discretion in appropriation, insures ample control over such claims in respect to the fiscal affairs of the state; ”
and then proceeds to describe the person, the event, and the waiver of immunity.
In the recent case of Henry v. Oklahoma Turnpike Authority, Okl., 478 P.2d 898 (1970), the Supreme Court stated that the *828 doctrine of governmental immunity is the public policy of this state, and concluded that if the present policy is to be changed it should be done by the Legislature. The Legislature, on the other hand, deems the immunity to be a judicial rule, as stated in the joint resolution, indicating that the legislative branch of government is yielding to a judicial rule until it is changed by the Judiciary. It appears there will be no change in, or re-examination of, the doctrine so long as both branches of government seek to shift the responsibility for the existence of this harsh and outmoded rule to the other.
Public policy should be established by the Legislature. Judicial rules should be pronounced by the Judiciary. I agree with the statement contained in the joint resolution that the doctrine of sovereign immunity is a judicial rule, James v. Trustees of Wellston Tp., 18 Okl. 56 , 90 P. 100 (1907), and I believe that the rule should be changed by the Judiciary. Oklahoma City v. Taylor, supra, pages 329, 330.
I am authorized to state that HODGES, J., joins in the views expressed herein.