Jones v. Louthan

Supreme Court of Oklahoma

Jones v. Louthan

1913 OK 79, 130 P. 139, 35 Okla. 407, 1912 Okla. LEXIS 594

CourtSupreme Court of Oklahoma

DecidedFebruary 4, 1913

Docket3729

StatusPublished

Cited by4 cases

This text of 1913 OK 79 (Jones v. Louthan) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Louthan, 1913 OK 79, 130 P. 139, 35 Okla. 407, 1912 Okla. LEXIS 594 (Okla. 1913).

Pincite

Opinion

KANE, J.

The only question involved herein is whether the salary of the defendant in error, who was elected sheriff of Grady county in November, 1907, was affected by the fee and salary bill which became effective some time after his election and qualification, and prior to the expiration of his term. It is admitted that, if the statute which Was in force at the time of his election and qualification governs until the expiration of his term, he will be entitled to $275 more than he would be if the *408 later act applied. The court below took the view that, by virtue of that part of section 10, art. 23, of the Constitution, which provides that “in no case shall the salary or emoluments of any public official be changed after his election or appointment, or during his term of office,” the salary of the sheriff was governed by the act in force at the time of his election and qualification. This is correct. It was so held by this court in Board of County Com’rs v. Henry, 33 Okla. 210, 126 Pac. 761.

Upon the authority of that case, the judgment of the court below must be affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

KANE, J.

The only question involved herein is whether the salary of the defendant in error, who was elected sheriff of Grady county in November, 1907, was affected by the fee and salary bill which became effective some time after his election and qualification, and prior to the expiration of his term. It is admitted that, if the statute which Was in force at the time of his election and qualification governs until the expiration of his term, he will be entitled to $275 more than he would be if the *408 later act applied. The court below took the view that, by virtue of that part of section 10, art. 23, of the Constitution, which provides that “in no case shall the salary or emoluments of any public official be changed after his election or appointment, or during his term of office,” the salary of the sheriff was governed by the act in force at the time of his election and qualification. This is correct. It was so held by this court in Board of County Com’rs v. Henry, 33 Okla. 210, 126 Pac. 761.

Upon the authority of that case, the judgment of the court below must be affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

1913 OK 79, 130 P. 139, 35 Okla. 407, 1912 Okla. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-louthan-okla-1913.

Opinion

Related

Cite This Page — Counsel Stack