# Executive Committee of the American Legion, Department of Oklahoma v. Hardy

> Supreme Court of Oklahoma · July 31, 1956 · 300 P.2d 663

URL: https://www.frixlaw.com/law-library/cases/9624738

## Case

- **Full name:** The EXECUTIVE COMMITTEE OF the AMERICAN LEGION, DEPARTMENT OF OKLAHOMA, an Unincorporated Association, Composed of Charles W. Hoshall, Department Commander, Raymond A. Trapp, Junior Department Commander, Preston J. Moore, National Executive Committeeman, H. G. Brundidge, First District, W. W. “Red” Hunter, Second District, W. H. Oliver, Third District, Bonnie B. Long, Fourth District, Henry L. Bowman, Fifth District, James Morris, Sixth District, John B. Wilson, Jr., Seventh District, Dr. Floyd Sheets, Eighth District, as Individuals and as Members of the Executive Committee, and A. R. Tyner, Adjutant, Individually, and as Secretary of the Executive Committee, Plaintiffs in Error, v. Woodrow W. HARDY, Individually, and as Pretending Member of the War Veterans Commission, a Department of the State of Oklahoma, Defendant in Error
- **Court:** Supreme Court of Oklahoma
- **Decided:** July 31, 1956
- **Citations:** 300 P.2d 663; 1956 OK 238; 1956 Okla. LEXIS 541
- **Precedential status:** Published
- **Opinion:** Dissent by Halley
- **Judges:** Blackbird, Johnson, Williams, Corn, Davison, Jackson, Hunt, Halley
- **Cited by:** 4 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/9624738

## Opinion text

HALLEY, Justice
(dissenting).
In my judgment the majority opinion misconstrues Title 72 O.S.1951 § 63.2. That section provides that the Governor shall name two members of the Veterans Commission from the list submitted by the largest veterans’ organization. In this instance it was the American Legion. The Governor is not authorized to select but two from the submitted list but he later on selected a third person from that list.
The Governor created a vacancy on the properly constituted Commission by the re *666 moval of Fred Frey. When-a vacancy occurred on the Commission the Governor was authorized to fill the vacancy ■ for ■ the remainder of the term “on the same basis by which the member being replaced was appointed.” I submit that such provision required the Governor to select the new man from a list of ten persons qualified to serve as members of the War Veterans Commission. The list he did select from had only eight names on it as two had been previously appointed to the . Commission. It was contemplated that the selection would be from a list made up after the removal of the member because the situation could arise wherein the new member would, come from another organization by virtue of change in size of membership. No other reasonable interpretation can be made of that statute than the Governor' should call upon the largest organization for a new list when 'he got ready to fill the vacancy and because of his failure to do so. I think the judgment of the trial court should be reversed. I dissent..

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624738. Public record. Not legal advice.