Shaw v. Grumbine

95 the fering plaintiff’s agent, claim that HERR, of- BENNETT, TEEHEE, REID, and falsely him, rep- the sale of leases to Commissioners, concur. up- resented property was situated n Bythe Court: It is ordered. gas dome, development en with would “Appeal Error,” result satisfactory .gas production Note. — See 4 J. J. C. p. “Contracts,” . defendant, §2893, n. 75 that he thereon C. relied 13 n damage, p. §991, “Damages,” J.C. n. 66. 17 34, and was induced to enter into upon plaintiff. p. 859, “Judgments,” J. §173, contract sued n. 65. Th'e n court Minerals,” opinion body referring 869, p. 567, in the n. 67. “Mines Cyc. “Trial,” §763,p. to such 40 n. defense 35. 38 C. J. stated: p. 1547, n. 20. enough passing question, “In on this it is say record discloses plaintiff’s agent possessed and defendant equal knowledge concerning about the sub- ject-matter contract, stood and both Auditor, SHAW, v. GRUMBINE. State on, equal ground pass judgment -on 12, 1929. Opinion March Filed gas property tvlalue 20156. for oil or Therefore, representations so duction. 11, 1929. Rehearing Denied June agent .plaintiff’s made consti- would not suit, tute actionable fraud refusing court not commit error did jury. Long v. this defense to submit the/ Woodman, Holt, 49;Me. v. 58 Williamson 384; 147 N. C. 61 S. E. Warner v. Benjamin (Wis.) 179; N. W. First Na 62 tional (Wyo.) Bank v. 743.” Swan holding A somewhat similar be found Myers Chamness, case v. Okla. 879; 2145Pac. Davie et v. Godwin- ux. Co., Barclay 1042; 120 Okla. 251 Pac. Fisher, Rock v. 115 Okla. 241 Pac. “A cause will not btereversed because trial dence, evi court sustained to the reasonably demurrer when there is evidence tending support case, defendant’s apparent justice entirely where it ruling.” Easley has been done v. Rosedale, American State Bank Pac. 926. “A will not be. reversed appeal tain defense, give cer- failure of trial court requested upon theory instructions appears where th'e evidence thereon

insufficient, law, to raise a matter of issue or to sustain such defense had it been Navajo jury.” submitted to the Haubert Refining Co., Pac. 151. From a consideration of evi- defendant’s light dence, record, are of we opinion insufficient same was to constitute and show fraud actionable as an inducement

.the contract, enter into th'e the trial justified refusing correct jury to submit to alleged pleaded.- set-off counterclaim prej- failWe to find substantial against rights

udicial error as de- warranting reversal, fendant and we con- judgment! clude and hold that hereby trial court should affirmed. be and the House of and the State of the duties virtue draw, required prepare, of his officehe is audit such warrants vouchers legally

for such and law- as are fully employed amounts, and for salaries as emoluments law allowed authorized. alleges Plaintiff further that on the 8th day January, of duly regu- of in state Oklahoma assembled session, lar and now such session, in and that members Representatives House of of the State and the. members wrongfully and Senate have (cid:127) Atty. Gen., Dabney, Edwin and Wm. D. unlawfully and in violation of section Atty. Murphy, counsel, special Gen., Hill, Asst. P.E. article of the state Constitution plaintiff in error. Oklahoma, attempted of increase num- Morgan, Porter H. for defendant in error. employees ber of and have of each House attempted increase emoluments SWINDALL, J. comes to This action this employees House, of each and that by duly transcript court certified from the Representatives members of the House of county, district court Oklahoma' wherein Senate have and the members of the State plaintiff B. Grumbine and Grant was S.A. placed upon to be roll vari- caused Shaw, Auditor, defendant, J. and the as State was sundry persons, prepare agreeing and ous and parties ap- in for convenience this certify persons in for such per vouchers plaintiff peal will be referred and to as day high exceeding amounts and as $6 defendant. per day. 49 of article $20 as 5 That section questions The in for determination Constitution reads: Legislature, during a are: case Can the “The not increase the shall session, joint emergency or resolution employees, or number or emoluments of its employ law, employees capacity, Constitution, authorize the and House, except by employees of either to serve at session such law, general which take not effect dur- shall under section ing the term at which was such increase Legis- which declares made.” or number lature increase the plaintiff alleges Leg- The further that the emolument or the passed which islature in 1915 an act be- law, except general by a of either which shall 22, 1915, came effective on act which June and during take the term effect was a now the sole law and is made, which and can such increase is at and or for the number by joint Legislature employ employees, officers, positions, clerical and emergency law' resolution enacted stenographic, employed sitting purpose, to assist act either House of the appearing said during Impeachment, and Court O. S. as section session at which the Senate sits as such plaintiff then sets out court? employed and authorized to be the said act propositions presented paid These to this authorized each ease, judgment employees. court consisting the of the roll of said answer, reply, petition, mo- plaintiff alleges á that he then pleadings, and tion on the taxpayer, county, paid of Oklahoma' resident and citizen judgment and decree of the court. Oklahoma, and that he has plaintiff against support action his cause of paying now taxes alleged stated, the defendant government. sub- the defendant the state That now, drawn, : audited, allowed, stance since the That the defendant and certified has day January, Oklahoma, th has Treasurer the state been, duly elected, qualified, acting payment warrants and vouchers issued Oklahoma, Auditor of per- the state of claims sons in emoluments and salaries position under and the claiming positions virtue of tbe official to hold offices occupies defendant holds and it is his the House of duty prepare, audit, and draw vouchers defendant will that the said certify prepare, audit, warrants continue to vouchers and such (cid:127) employees employed by persons emoluments to all said un- warrants to pose restraining presenting charges, an order issue less this and paring, drawing, specifically pre- such committee enjoining was defendant said to hire certifying,, all such and as- Audi- State forwarding sistance it deemed tor, the same such vouchers work; copy being payment, at- of said resolution to alleging Treasurer the State plain, tached to exhibit marked plaintiff defendant’s answer and law, remedy “I” for identification and made adequate speedy, fully pleaded of said if there- injunction. answer as praying powers in. That exercise pre duly petition verified temporarily employed the committee has court of Oklahoma to the district sented county, sundry persons, process various such as February, day on the 1st reporters, servers, investigators, attorneys, temporary granted the district court stenographic and that and clerical assistance and order, restraining restraining defendant absolutely neces- paying de from partment sary, things legal in all valid and is except government, under the laws the state Oklahoma. designated S. 1921. C. O. If it is the intention of February, 1929, day until date 5th inquire the court ployment info and control the hearing court for was fixed specific employees, these upon said order. respectfully suggests this defendant February 1929, 5, jurisdiction premises filed the defendant in On court the is without answer, ground the in admitted that his which he on the and for the reason that such alleged, by part taxpayer, plaintiff and has been committee as done the was a elected, duly qualified impeachment investigation and defendant is the of the ceedings Oklahoma, by acting and Auditor of the state of authorized the Constitution and and subject employment regard and of various admitted the its action judicial is not in described, sundry persons petition inas review. Attached said answer by employment adopted copy specifically is denies that said of House Resolution but, Representatives contrary law, illegal of the House of state is and on January, employ- day contrary, alleges 10th of and that such Oklahoma on the states of salaries therefor 1929. and ment specially by Reso- House Joint deny- filed, reply To answer a No, Resolution lution No. 7 and Senate Joint allegations answer, ing fur- and Oklahoma, being the state laws of same alleging of the. Twelfth ther Legislature the act authorizing specifically each House and various resolutions help temporary employ and by up pleaded and and relied set Leg- for the Twelfth Session assistance and all unconstitu- each said defendant are says islature. Defendant further are, therefore, as the insufficient tional and persons made of such plaintiff’s action set cause of defense to the by and virtue such acts strict under and petition. out his employ- conformity and that therewith plaintiff February filed 12.- valid, On legal things and and all ment defendant, pleadings. judgment on the motion for alleges and that the further states exercising transcript evidence tak- certain now shows House of its by impeach- court inquisitorial, legislative, he considered en which cannot and transcript duly by anpeal provided, certified powers on this the Constitution ment. that, acting of case-made. instead Senate now and the regard mat- judgment vacat- trial court rendered Impeach- sitting a Court of and also ters ing restraining far as the order committee of the ment, as authorized applied House same executive, and and investigation manifold duties judicial, legis- because of such on help temporary work the departments state all and lative necessity with- and holding absolute Legislature, assistance com- said ’Twelfth perform or authority House could out neither power to hire and has full mittee and provided. function as employ and assist- all neces- duties alleges deem of answering, committee ance that and said defendant Further sary proper in the exercise No. 5. states that Resolution the state and laws of- tinder the Constitution of “The Committee House authorized Oklahoma, investi- said and that as to Investigation Ju- Executive. House on plain- dicial, gating Departments the relief asked committee Legislative all expressly court further investigate denied. The inquire tiff state into and State” to Repre- House of departments that the and decreed in- found and different officers pur- Twelfth Session government, sentatives for the stitutions employ power White, ancl has full the court clerk. Mitchell v. necessary temporary help all and as- 106 hire 233 Pac. 746. aiding as- of exercise of its sistance judgment A pleadings motion for sisting the House in general demurrer, is in effect a under sec quisitorial impeachment powers, Comp. Bldg. tion Laws Cardin 1909. doing thereto, and 'the of all work incidental Smith, Co. v. 125 Okla. 258 P. 910. Twelfth that the the Senate of Session County Board of Commissioners Robert any regularly appointed son, 35 Okla. committee, authority power has full defective, necessary temporary On demurrer to an and hire all answer as aiding in that it does not state facts sufficient assistance defense, pleading assisting constitute a must be the Senate such com- liberally construed, allegations powers and all its mittee the exercise its or their purposes regard investigations, and duties im- demurrer taken as peachments, impeachment trials, Smith-Wogan Implement true. Hardware & thereto, Co., Buggy Co. v. work incidental Jos. W. that the author- Moon ity hiring for such contained in House Pac. 1103. Resolution No. 5. House Resolution Joint issue us to determine in this case 7, Senate Joint Resolution No. is: Does answer state a defense to the Senate Bill No. 5 of the Twelfth Session plaintiff’s petition? so, If the motion for findings To which presented pleadings on the court, plaintiff duly decree ex- allegations admits the material cepted exception, and saved an which was answer, and the order of trial court allowed. modifying order, restraining as to the The court further ordered and decreed Legis- additional extra that because of section 49. article investigation, inquisitorial, lature for Constitution, neither the House nor impeachment purposes Legis- the Twelfth Session of the Irial, should affrmed. power lature has the to em- ploy any arriving temporary help In at a or correct solution assistance question aid we must that no one remember assist either House in the exercise purely legislative powers, of ployees clause of the Constitution be con its should as by provided strued other all itself and exclusion are to the portions instrument, in of the S. 1921. O. portions relating of the Constitution The court therefore ordered that the de- the same gether and, should be construed to fendant, Auditor, Shaw, A. S. J. as State possible, far as harmonized as be, by court, enjoined he was the trial State, with each other. Leach v. 17 Okla. approving passing any from claims 322, 188 Pac. 118. Cr. issuing any temporary warrants considering provision In employed a of a Consti- assistance tution, primary requirement is to House or the ascer- Senate aid and assist either and of purely in tain the framers House lative intention legis- exercise its same, people adopted power, and in such who findings, to which of the order, construction determination technical decree of trial court the de- and, duly disregarded rule, excepted be rules should as a fendant and saved ex- ceptions. a a a mean between strict liberal con- followed. struction v. State ex rel. Caldwell presented ease to this court Hooker, County Judge, Okla. 98 22 petition the cross-petition in error of defendant and the Pac. 964. plaintiff, in error of which in provision A alleged by parties constitutional should receive it is each of said that a portions findings more liberal broader and construction than the verse to of the ad- decree applied contrary statutes. them are law. may Among things being brought be con which action to this court transcript determining record, of the law sidered in the intent of the will this court designed only ro evil which appearing makers is the consider it the errors in the remedy, judgment properly petition, process, and therefore roll. this court contemporaneous events, return, orders, subsequent pleadings, the and at the situa looks exists, pressed upon judgment judgment tion it as it was constitute roll. Hasque appear judgment of the De the attention lawmakers. which Errors roll A., Ry. Co., may transcript brought by v. T. F. 173 & S. be this court review 68 properly .of the record certified 73. receive, presumed are entitled to that a was court It is not to be the district Constitution, county modifying stat of the Oklahoma authorized in inserted was temporary injunction reason, was ute, a result or that with the as to exclude without operation from its extra intended inconsistent men of legislative department employed by guided reason. sense, investi- common gating exercising E. 566. 123 N. committees v. Lowden (Ill.) Mitchell investigating, inquisitorial, acts, where it is toAs impeachment powers,- and was dis- palpably, clearly, Legislature is act of the and county trict court of Oklahoma correct terms plainly with inconsistent ruling prohib- courts Constitution ited stitution section 49 of article Con- invalid act and declare will interfere employing from McNeill, 122 Okla. v. Munroe and void. purposes Legislature conducting business 150. 255 Pac. mainly body, lawmaking of unless acts is that rule universal other than such as were invalid held not be prior will law enacted to the term at con clearly with some they conflict they employed? are were so doubt, provision, and that stitutional proper We do feel it is to refer doubt, resolved there is of the where employees employed under House constitutionality act. favor Joint Resolution No. Resolution No. Joint Pol v. Examiners Dental Board State lock, 10, passed by the Twelfth Pac. 927. temporary Session of the indulged in Every presumption will be strictly speaking, as, such em- constitutionality a statute. ployees temporary employees, favor of This that that strong where especially presumption usually used, word for the reason in, acquiesced long been employed might statute the or under the injury result would great long, longer period where of time than (Okla. v. State Reeves declaring void. Cr.) appears 253 Pac. the intent of the to us that was people Constitution, framers opinion out have set we While adopting same, the inhibition jurists rela- expressions learned numerous relate of section 49 of article 5 should construc- statutory constitutional tive to employed opinion clearest tion, that the we are volition, they were its own or and not such as found authorities is announced rule required in order to County Commissioners of Lake the case carry in force other section some Ed. L. Rollins, U. S. Constitution. says: wherein strong hold- reason for There is also applied construction, object, “The ing not intended to section was give intent effect to to apply vestigating Legislature acting in- in adopt- the its to people framers, in and of the its capacity, inquisitorial the the or ing instrument in be found is to it. This intent itself; Impeachment, a sitting text and when the as a Court of ambiguous, not presumes constitutional law the that the reason thereto, courts, giving are in construction the validity regularity the official acts meaning liberty be- for its at to search not public line of their within the officers yond the instrument. duties, of the Con- official and the framers n meaning people it, stitution, adopting thought get ex- in evi- the or “To pressed statute, a Con- a or dently thought a contract in in with the mind that did so cases, stitution, resort, all tois the first in public elected them would the officers words, signification the natural duties, so, discharge if then their official arrangement grammatical in which order of necessary Legis- become it would not lature to placed have instrument the framers of the provide investigate im- or funds to convey a mean- If definite them. the words employ necessary peach help officers, or to such any absurdity ing, nor which involves inquisi- to serve the in its parts of other the instru- contradiction investigating capacity, torial and or the Sen- meaning, apparent ment, on the that then Impeachment. sitting accepted, ate a Court of instrument, as be face of the and neither the courts must nor the opinion Legis- (cid:127)We that the it.” add it or take from have the to inquisitorial acting lature, in an and investi- perform- capacity, gating or either House in These fundamental rules constitutional duties, sitting ing opinion, a statutory construction, or the Senate as in such our Impeachment, au- vested with questioned, giving Court them the will not be weight clerks, stenographers, employ thority such we feel and consideration that necessary may only be or discharge O. S. the force as law duties, authorizing Representatives inhibi- the such and that House of employ clerks, stenographers, Con- em- tion of or section ployees framers, carrying on the stitution was intended business people House, acting adopting that in- the Legislature a or its as apply vestigating capacity, inquisitorial a law- as it should prohibit making body, Legislature, agree only the' we not cannot law ánd does that is the inquisitorial relating sitting Senate, sitting force to the aas investigating Impeachment. capacity, employing ad- Court of of ar- Section 156 properly chapter 2, provides ticle ditional function and to enable it C. O. S. discharge its in such that when be duties articles of shall capacities. presented shall the Senate days organize within ten thereafter a We therefore that hold such additional or Impeachment, may, Court of help extra not come within inhibi- does conducting business tion section 49 of article 5 of the Consti- court, appoint clerk, may who be the tution. Secretary of the Senate. The clerk shall legis- We further hold that it is for the process keep all issxxe record judicial department lative and not the of proceedings of such court. The said government the state clare whether by and de- to determine appoint marshal, shall also as- emergency not exists marshal, sistant who shall be execu- its employ reason whereof it is may tive officers. It sten- also clex’ks,stenographers, process additional ser- may clerical, ographic, axxd other vers, employees necessary and other to serve required. be section authorizes functioning while help, of certain does vestigating inqxxisitorial capacity, provide stenographers, number of sitting for the Senate as a Court Im- clerks, may required, and other that peachment. Legis- and leaves to future action of stenographers, lature fix the number of Having arrived at the conclusion help may required clerical and other by peachment, as as inhibition of section 49 of article 5 of the Senate, sitting Im- Court apply Legis- Constitution does compensation fix and also to inquisitorial acting lature while in its appro- and to make an investigating capacity, and sit- the Senate priation ployees. of such ting as a Impeachment, Court of does the answer in this case state suffi- facts plain- cient to tiff’s constitute defense to the provides S. C. O. Section petition? process or executed served shall be assistant, petition . alleges marshal or his time of at the deputy coxxnties ixx several action, sheriff commencement 1921, passed by state. C. O. S. sole witnesses And section officers, for the number of cleri- attending have court shall before said stenographic, employed cal and attendance, travel and either House of the exemptions going, remain- and the same answer avers and states returning, in the dis- ing, as witnesses legis- exercising now proc- executing court; and officers tinct lative, inqxxisitorial impeachment powers, sitting Senate, when and orders ess provided, Constitution Impeachment, a Court of acting the Senate is now like for allowed sheriffs fees as are Legislature matters, regard in to will be court. So the it in district services sitting Impeachment, and also as authorized a Court of as was, the time there seen by Constitution, the be- and action, a law in force commencement work, cause of such manifold and duties compen- fees, providing for and the witness employment temporary help the of and as- of Im- of the Court of the marshal sation absolutely necessary. sistance is then process assistant, peachment, for and or his pleads alleges House Resolution No. and process, serving the in the in or sheriffs servers that under said resolution the Hoxxse has allowed witnesses fees are same district as employed process servers and other as- proc- serving for court and sheriffs the district sistance. also in court. There is ess employees employees As far as the the certain made for Impeach- concerned, agree Senate, sitting we as Court the ment, with counsel for the that section 109 after holds its sessions when it employees employed by fixing Legislature, adjourned, the the act- Legislature and has ing inquisitorial investigating an compensation, in ca- the but amount their House, performing fixing pacity, or in in force law But there is no number. duties, Senate, sitting compensation such or as or amount of number the employees Impeachment, gen- employees House, Court but such than its employed authority by be must law employees, provided under section for eral C. O. by Legislature, enacted the can and the emolu- the Auditor before S. salary employees, employees, ments or o£ legally pay such said extra employees, the number of be necessary such enacted must law to be for be by some by Askew, fixing fixed Legislature the Menefee v. number compensa- 25 employees 107 Pac. 159. and their said extra appropriation tion, for make also to that, We further hold under section 6 of employees, payment extra of such power, lias the separate provided must be the same appropriate duty, it is its funds such subject, bills, embracing until but one special appropriation be nec- bills no done, would have Auditor that authority is essary carry provisions of into effect the employees. pay such (lie Constitution, 8 of under article section 56 Constitution, Legis- by plaintiff article 5 claimed It is legally higher employed before the Auditor audit and at a can extra lature has wage payment provided draw vouchers or warrants than is employees Legis- Legislature, supra, salaries to or law where the find no we Representatives, compensation the House of or the Sen- or emolu- fixed lature has ate, any legal employees, committee of the House or and there- extra ments of said fore the Senate, sitting a Court of warrants Auditor cannot issue Impeachment, any employees compensation of their there be in force some amount must until authorizing Legislature, law of this state fixed fixing of such number and number determined thereof, fixing appro- appropriation passed emol- the amouut of their bill a valid and priating money salary, appropriation, employees. pay uments or either such special, general or authorized power If the Constitution, pay employees, such Legislature, extra to serve lull, such if it affects other than inquisitorial acting capacity, investigating and in its general appropriation those included in the Senate, sitting aas Court Constitution, bills em- must Impeachment, may prop- order that but, subject, clearly brace one be must erly mentioned, then function in the manners expressed supra. Askew, therein. Menefee v. it becomes provide compensation employees, for such We therefore in force bold that there is payment providing a law of article 5 that embrace marshal section 56 general appropriation bills shall and assistant Sen- marshal of the expenses appropriations nothing deputy and for ate. sheriffs and sheriffs executive, legislative, judicial serving de- the several counties of the iu state, process partments attending interest on and for and for witnesses be- debt, salary public Impeachment, fore the Court of state, employee fixing there officer subdivision no law in force the number thereof, compensation or for ing be increased shall amount of of extra bill, any appropriation investigat- acting be such made therein for ployee nor the House shall while inquisitorial capacity, officer or such and no law fixing his unless the number or amount of salary already stenographers have shall clerks and amount and other provided ap- Senate, sitting All law. as a Court bills, by separate propriations Impeachment,, be made and until en- embracing subject. each acted. but one the defendant would author- ized that, such extra extra em- we hold before said So paid appropriation cannot be until an ployees paid, a mentioned can be above appro- appropriation, valid under the priation passed by-the Legislature, bill des- distinctly specify the the sum and applied, must ignating the amount and the subject to which it appropriation may expended. which such public officers expressed, For the reasons herein conferred them law. and or either court of Oklahoma district affirmed, county delegate hereby far to a committee thereof the in so cannot applies power to extra to fix number or act- emoluments

103 ing purely legislative capacity, judgment injunc- in “Third. a That such by tion of the pro court is not sustained sufficient to extra evidence, contrary and is to the evidence.” by law, vided for and reversed and remanded county, to the district with of Oklahoma court clearly judg- This record shows that this a directions to enter further deCre»en ment by was rendered after a trial the trial joining restraining the defendant from court and on the evidence. preparing, auditing, drawing vouchers all, If this case is here at here on it is or warrants in of salaries and transcript by and not case-made. The emoluments of all extra thorized au certified, evidence is not there no bill may law until such a law time as exceptions, upon no service was had ad- Legislature appropriating be enacted party, signed by verse it was not settled or help, funds to such additional judge, the trial and it was not filed in the may take such other action as be consistent presented trial court. Unless it is here aa opinion. (cid:127)with this transcript, appeal must be dismissed J., KEENER, LESTER, CLARK, Y. O. for the reason that there is no record before OTTLLISON,JJ., concur. the court. HUNT, J., in concurs in conclusion so far case, Since the if all, here at is here on judgment as same court affirms district transcript, apply we must the rule with . n ofOklahoma county injunction, denying transcripts reference to thereto. portion opin- dissents repeatedly only This court has held that affirming granting ion the district court in petition, answer, reply, demurrers, proc- injunction employees. as to certain ess, orders, judgments are ANDREWS, JJ., RILEY and dissent. judgment roll, motions, and in order that evidence, instructions, affidavits, and other ¡MASON, J., participat- absent and not preliminary proceedings may presented, ing. brought the same must be into the record exceptions a bill of or case-made. Men ANDREWS, J. I dis- must Cdissenting). Shuttee, 478; ton v. Okla. 67 Pac. sent. McHenry Spears, 28, 105, v. 84 Okla. 202 Pac. Pac. petition Attached to the error of the 779; Hoopes, Shinn v. -plaintiff error, who was the defendant 470. below, page is a record which on the title alleged Where the are over errors “case-made.” is denominated It consists ruling motion for new trial and not ren answer, index, petition, restraining order, plaintiff dering judgment for error reply, judgment pleadings, motion for on the pleadings, court will not consider on testimony, proceedings statement transcript the and in of the record trial, journal entry judgment, had at the of a case-made. Col absence plaintiff trial, for new motion of motion of 330; Garvey, Pac. v. lins McHenry ley, 67 Okla. journal entry trial, over- defendant for new Spears, supra; v. Mark Miller ruling new each of the motions for trial certifying the certificate the court clerk foregoing full, true, ought “that correct consider that we But it is said complete transcript of nature, the record public and above entitled cause pears case, with- because ap- now as the same regard of the record. condition out my It office.” on file and of record agree. court The records I do appeals no order with reference to contains involv- where full of instances are pleadings. motion for property substantially owned ing by for failure dismissed citizens journal entry that, “after due recites comply with law reference with consideration, hearing court it is right may appeals. * *”* of. ordered, adjudged and decreed. importance employee of more trial, The motion of for new state, citizens of other than the among things, out: sets agree. be that I do not but established “(1) decision, findings, practice That with reference rules judgment sufficient evidence.” are disregarded court not sustained appeals should may determine that the court in order “(3) occurring employee of law Errors at the trial or not whether excepted plaintiff.” his collect entitled to opinion rights my And salary, the motion the defendant for new trial, among litigants things, greater rights sets out: of other than the consistent- This court has this court. before ly occurring “First. Errors of appeals trial, excepted were because hear refused to defendant.” which, transcript presented rather ishes neither a when it reason nor an excuse form of calls, party the law home.’ It is finds ‘at abe I cannot a case-made. than establishing outlaw, sense, in the it is outside deter- rule different law, except sanction of the law in that the public rights officialthan

mination guilty its zeal to save without loss less rights applied in the determination is liability personally makes a entering on the officers of Oklahoma. citizen humblest agreement.” into such said, But, func- must it is granted public question But that the is of nothing is, before tion. True but there is importance sufficient to warrant this court any dan- that there is this court to show disregarding clearly that established functioning. ger True long requirement appeal, followed as to an alleges that certain answer it is that employees by what we then? necessary, but that is denied reply. not before brought The evidence is This action is one appeal. here shows only, court on The record the no and one that to en- necessity. join allowing, pre- the State Auditor “from paring, drawing, certifying any claim for rel. in State ex As was said this court Auditor, Sigler Childers, emolument other than those v. 90 Okla. State provided by alleged pe- law.” It is 215 Pac. 773: present Legislature, tition in viola- “It is intimated if the members tion of section 49 of article 5 Con- compen- the committee are unable to receive stitution, attempting to increase the num- services, work sation their necessar- House, ber of of each and is at- ily ceases, and Governor tempting to deprived increase the emolument of the will infor- certain valuable province judicial mation. The branch of each and has caused government placed ad- is to construe £o be roll various laws, minister the This authorizing not to make them. sundry persons agreed prepare and has power law to make a has certify persons vouchers for such payment plaintiff’s claim: per day exceeding high $6. amounts and as Legislature.” that must be left to the $20 only employees day, Kellogg And in v. School District No. specified authorized the law are those under Co., Comanche 13 Okla. 74 Pac. being Law of the same wherein is said: alleged S. It O. is further capacity distinguished associate, the defendant in his official “Our Mr. Justice Municipal Plainer,' audited, allowed, work in his valuable drawn and certified Securities, 480, correctly rule sec. states the to the Treasurer of the State Oklahoma thus: warrants vouchers issued in “ of claims for such emoluments ‘But rule is that resident taxpayer, special pri- persons although he unauthorized unau- shows no interest, may interposition amounts, vate invoke the thorized and will continue to do equity prevent illegal of a court of enjoined. so unless disposition ity, moneys municipal- illegal allegations, creation of a debt which answer denies these owners, property with persons he. in common admits the of various compelled pay.’ otherwise be authority alleges therefor to inbe House Joint Resolution No. 7 and Senate Joint Res- foregoing appears “From the authorities it olution No. 10 of this there are two roads for us to choose from; one, few, trail, a dim traveled alleged: It further many other, difficulties; and beset with broad, well-paved thoroughfare, numer- “That the House of ously traveled, leading satisfactory exercising legislative, inquisitorial, re- now powers” impeachment Should sults. think not. there be We hesitation? duty charged It of those —and that establishing prin- with the ciples acting which shall “The now underlie and Senate is furnish regard jurisprudence, adopt basis for our matters sitting which, applied a court of also when to actual condi- rules tions, community bring about the best results to large.” because such lawful and work duties stenographers, help, the assistance is Threadgill Peterson, In necessity, absolute and with- 219 Pac. court said: perform out same neither House could nor pretend “To to excuse its violation on provided.” function necessity ground merely in another alleged is further that House Resolu- punishment plea mitigation form the committee larceny.’ tion No. 5 authorized its ‘necessity prompted furn- officers, investigate quire de- going into it, “I am not to I am strike going pass partments, enjoining to and institutions on this tem- these porary being officers from under that res- impeach- purpose presenting “for the olution, bringing and the officers em- spe- charges, committee was and such ment ployees resolution; under that I will hold employ they cifically hire and to that resolution unconstitutional” deem that and assistance objection testimony —and to overrule an to work” for such taken, saying: employed var- committee has —and that such letting “Overruled for the investigat- persons “process servers, ious as Supreme Court have the benefit of tes- this ors, attorneys, reporters, stenographers and timony, they if want to consider it.” employ- assistants, that clerical “and judge AVhilethese statements of the trial necessary.” ment is during the trial cannot under be considered reply general denial, and further The is unconstitutionality appeal brought the rules of this court on an alleges acts by transcript, consider court must pleaded hy the defendant. resolutions construing them for the the is- presented by pleadings sue case. in this judgment only can which the The on basis pleadings, The trial court so construed the pleadings, trans- be considered is the as judgment and rendered on evidence. The cript bring up the does not evidence. plaintiff so construed them. The defendant petition discloses examination, An attempt did the same. Will the court now nothing that which it can inferred transcript to determine cause with- performing any Legislature function is so, out the If evidence? it should it does ordinary regular, legislative other than its disregard judgment render pleads Joint answer House function. The proper judgment. Resolu- and Senate Joint Resolution No. 7 plead- What are the facts shown employ “tem- to tion No. 10 as ings? Legislature attempting to in- The attempts porary help and assistance.” crease number of of each justify pleading now it is action House and to increase the emoluments inquisitorial, exercising' “legislative, its caused each and has impeachment powers” under Resolu- House upon placed roll various tion No. 5. prepare sundry persons agreed and has denial, reply, certify persons denies The its vouchers for such specifically allegations per' exceeding day high $6 amounts except only reply, put day, per in issue intends $20 and the State Auditor adoption No. of House Joint Resolution warrants said issue ployees No. and House Resolution con- Senate Joint This at increased salaries. inferentially admitted Resolution No. 5 is by reason to be authorized duct is said House Resolution 5. unconstitutionality allegations Joint Joint Resolution No. insufficiency of those resolutions. No. Resolution Repre- allegation that the “House The pleadings nothing show There in the legislative, exercising now sentatives is investigating im- that peaching impeachment powers” inquisitorial, judicial court will take unless this allegation denied, “Senate every Legislature knowledge investi- part Legislature in acting is now regard impeach. Certainly attempts gates and and also sit- matters done. this cannot be ting impeachment, as author- as a court attempt show no records because employ- ized by any previous Legislature employ per- work the of such lawful duties and by law to sons unauthorized assist stenographers, help, and assistance ment of is impeachment. vestigation true that It is necessity, and without same absolute many investigations and there have been perform could nor function neither House impeachments history some of records provided,” is denied. state, heretofore, far as the judgment on these based rendered is show, this court those functions have record, questions of fact. This contested performed by regularly constituted of- transcript, not disclose that does viewed as ficers and impeachment prog- investigation or is in Undoubtedly direct the al- Investigation conflict ress. thing legations pleadings made in the is the brought into this record judge pass trial proceedings to fail to ceedings caused the trial. The judgment plead- part the motion for on the roll trial are ings, transcript and when asked to strike and without before this court on are not say: testimony, exceptions. bill of appeal thing “temporary help treated as all other should be than and as- appeals. should be dismissed sistance.” here- has been filed reason no case-made House Joint Resolution No. 7 Sen- refiling stat- in. within the clearly ate Joint Resolution No. 10 are utory period is not in here. conflict with Constitution, reading as follows: Resolution No. with House Joint part omitted, provides: formal 49, Employees “Sec. —num- ber and emolument. The Representatives of “That House of not increase the number or emolument hereby authorized the Twelfth or the empowered to hire House, except by general law, which shall temporary and assistance during not take effect which term at necessary proper its such increase was made” of and efficient administration business. —if the intent thereof is to increase appropriated hereby out there is “That employees the number or emolument of the treasury, not of the funds the state of either $50,- or if appropriated, the intent is to amount of otherwise 000 porary purpose during paying present tem- take of such effect help Legislature. and assistance.” term of the 49, supra, plain, any impeach- clear, Section Nothing un- and as to said therein ambiguous. simply provides investigation. It It needs no construction. It ment or for speaks “temporary help for itself. á It is limitation oñ power Legislature. only appropriation not limits assistance.” The right employ “except help law,” purpose temporary general paying to “said but it not limits the could to make effective The trial court assistance.” any “general during law” term at have investigation resolution that found passed. prog- impeachment inwas attempt to This not ress. resolution does power 36, The contained section article “temporary help and .differentiate between right- “to extend to legislative purposes “tem- assistance” subjects legislation,” thereby ful lim- porary help impeachment and assistance” for ited to make increases the number purposes. purport This does resolution not employees emolument after effective provide anything appropriation to an the term at which the increase is made help “temporary other than assistance.” general law. with the Joint Resolution argues in error that section parts omitted, provides: formal 49, supra, apply help “temporary does not to assistance,” help Legisla- “temporary “That Senate of Twelfth hereby empowered ture and assistance” is not embraced within the help temporary to hire and “employees,” word as used in section judgment and assistance as in its supra. capable This section is proper ad- and efficient construction. To so construe it would be ministration business. people plac- defeat ing permit employed (cid:127) that limitation in- hereby appropriated the Constitution. To “That there -is out Legislature say treasury, a man the wise that- the term funds the state not other- thirty- reading appropriated, amount clerk for ($35,000) pur- employee Leg- five pose dollars for the thousand was an paying temporary help islature, employed and that a man assistance.” reading during reg- clerk absence reading employee ular clerk not an was Nothing is said in this resolution as the restriction would be throw down the simply .any impeachment. provides for the Constitution. Under such ,the employment “temporary help as- theory of construction a could appropriation sistance.” This is for begin employees performing with serv- help paying temporary “such up “temporary help ices and wind assistance” der with not assistance.” trial court could performing services, un- have found from this resolution that strained “tem- construction the prog- investigation or was in help porary compensation and assistance” could draw more attempt ress. differentiate resolution does This employees than the themselves. “temporary help between purposes 49, supra, “tem- assistance” for If section is not a limitation impeach- porary power and assistance” for to increase number of purposes. ployees, power ment This resolution does not a it is limitation on the purport provide any- appropriation employees. ro to increase the emoluments of the o£ “general might that salaries it be said As well the law” and it made cannot be temporarily joint employees increased could be resolution. say number as could The contention that temporarily. can Neither be increased to exceed the limitations fixed “temporarily” or in be increased perform duty Constitution order law,” except by way “general enjoined by the Constitution was answered at which the term take effect at cannot crease Childers, supra. in State v. There the mat- made. the increase is ter under consideration awas House reso- with lution, in conflict are not These resolutions and a House is under Resolution supra, in their limited here, if section consideration That House No. 5. Resolution and Senate Speaker of the House effect as to resolution authorized the provided appoint S. C. O. section a committee of five members investigation character make after chapter adjourned O. S. for in article C. session of the per salary fixed a diem different from that recognizing the Legislature, no doubt (cid:127) prescribed by the Here Constitution. 49, supra, validity after soon of section by resolution authorized to make the committee Constitution, provided adoption investigation temporary and salaries law the was That resolution assistance. S. L. 1907- 5 of the in violation passed. act ch. 66. In new Constitution. resolution is violation was: The title of that act of section In 49 of article 5. both cases creating em- of the “An act the offices the tigation inves- resolution was the ployees fixing of the Oklahoma it of In that case state officers. employees.” of such the salaries portion all was held that of the reso- that p. 515, 1915.) (Chapter 264, Sess. Laws fixing salary the different from that lution employees By were the the offices of it void, fixed the and the Constitution was for, employees provided created, were the pass of court declined to the effect salary employee of each was fixed. providing portion of the for that resolution carried force and is That act remains adjournment investigation of an the after the appears 1 as sec- thereof forward and section reasoning The in these two O. S. tion C. If, for cases must be the same. the change investigation, supra, provides cannot maximum of the House Section members, employees. act its but is 2 that of of Section of number pur- Constitution, then for the as follows: hibited reads pose investigation the House cannot of the House Senate or “Section 2. The number or emoluments of increase the full to fail refuse elect either number prohibited by employees Constitution. permitted employees under mat- conclusive as to this provisions House act the House that because time, The contention any of ter. may, reduce the number function, inquisitorial employees performing it whenever in the body appears full num- that that to violate the is authorized completely necessary.” employees ber of are not in State the decision answered Childers, supra. T'nder the section of all of section provided by required. 1 is not Act of A construction 1907-8, joint provisions to Act of resolutions TTnderthe these two whole shows they appearing author- as section carried forward far as in so be constitutional appropriate having IOS, been funds O. the same S. ize the Legis- repealed by all the Act of future salaries prohibited 109, supra. reducing designated In far sal- latures are not aries sum therefor. Thus in section provide refusing appropriate attempt or from resolutions as these two provided designated it was that than those for by failing might, supra, Legislatures future to make increase salaries in section 109, supra, employ- appropriations provided number of for section above that by reducing ees, and void. remove those unconstitutional are appropriations, of em- reduce argues section in error ployees. apply supra, nec- does not pre- essary investigation House An examination of our statutes discloses impeachment liminary for increase either the to the return impeach- employees pro- presentation charges, number or emolument or the supra. urges also section The Con- Senate. He vided ments requires apply nee- the increase to be made stitution does not essary impeachment thereof, managers trials Senate. a board of tents presentment organ- thereof, He Resolution contends that under House House to make investigate, Court, appointment ization of Senate Court, employment if dis- sufficient evidence misconduct is officers of the Senate evidence, impeach- itself, closed to return for the Senate Court the court changes present impeachments accused, hearing, witnesses,' ment ev- summons to process, orders, judgments, fees, the Senate. idence, oath, voting judgment, costs, form trial on provides Article 8 of the Constitution adjournment impeachment Legislature, gen- after officers, removal procedure, pay- eral impeachment, presiding and a method for those not liable to expenses appro- ment of sitting officer from which Senate as Court priation paid. Impeachment, the same shall be shall be Senators oath, conviction, under vote for two-thirds provides: Section impeachment, a limitation on the effect may employ “It stenographic, clerical “The shall House of help may required.” present impeachments,” all “The .provisions This article un- and its make it pass nec- shall such laws as are necessary pass this court to essary carrying provis- into effect Impeachment of the Senate Court of ions of article.” “temporary ploy help and assistance.” duty article, being Under required pass Constitution present impeachments, the House to there necessary carrying such acts as are into implied power necessary to make the effect the stitution. Such an act Con- investigation preliminary presentment passed. Under was impeachments. is, How that act the Court Senate stenographic, clerical, authorized to was investigation an- be made? The and other swer contained in section 6 article 8. might required. Provision That section process by pass made for service of marshal shall carrying such laws by any of the court or sheriff. There seems into effect nothing vestigations, lacking passed. impeachment charges, For to be this the act return of presentment impeachments necessary help trials of reason assist- impeachments. ance for Court has prior law enacted this term. to Under 6 section article first the the duty Legislature “pass is to such employs help, The its own Senate Court necessary.” 8 laws are as Article is indef- procedure payment provided for the is requires legislation. inite' and uncertain. It authority help. of that The Senate has no to plainly The 6 inclusion of section therein designated employ help other than that the indicates intent of the makers that the the of 1915. act supplemented by legislation. will article be employees For these reasons the Senate instance, charged anAs how is the one to designated paid the act should be -brought be before the Senate Court Im- designated the salaries therein the State peachment?- question That is to sufficient enjoined any paying Auditor should be necessity legislation show the -of make to Senate. the provisions the of the article effective. Nothing as herein be considered should Applying question House, appear the same to holding payment that required how ais witness to be to Impeachment be Senate Court should before the House for examination? The an- enjoined. . Legislature must'provide swer that by .legislation procedure investiga- for a “law.” 5 is House Resolution No. tions the House. procedure provide a of to Its evident requirtement A similar is contained impeach- investigation for and the return pro- section 45 of article wherein it is authority charges. gets The House its ment vided that: investigate Consti- to from article 8 of the tution, provision requiring through pass “The shall laws such provides impeachments. present Article 8 necessary to carrying are into effect pass laws such this Constitution.* carrying necessary its effect as are into evidently recognized The provisions. Legislature recognized this The pro- provisions, these in 1915 code of authority Legislature The Act of 1915. impeachments and enacted the adopted. cedure for That 2, “pass fit such never seen to chapter 2, has code is contained in article necessary” giving House laws are provision O. S. 1921. It makes defi- authority impeachment, The sec. nition under article 8. of articles of con- -have, “1. committee shall pass Said law. such a resolution cannot House authority complete to hereby given, full law, can the House absence In ceed in its help employ assistance all such hire and only investigation through such investigation as prosecution of in the it deems such adopt for own conduct rules it cares to expenses necessary proper, the authority has own members. It and under the Act in appropriation paid be out of of such to employ those there- of 1915 to Represen- expenses House designated such the Twelfth tatives of designated. board Oklahoma, Its therein salaries same State of after managers properly approved tee. under the Act auditor is authorized house audited commit- impeachments present chairman 1915 to * ** provided for there- their necessary present- committee, “5. members of while in. to The said The witnesses engaged during work the session of impeachment, in such their fees ment of the shall receive additional fully pro- thereof, subpoena are the fees compensation therefor, except they may be for in the Act of 1915. vided necessary traveling expense- paid actual and Legis- of a valid act of in the absence prosecution work, incurred help employ to lature, has no help may be assistance also prescribed in investigation than necessary expenses. paid traveling Act of 1915. “6. Such committee is further authorized right House' as to compel to essary attendance of and all nec- employ help in addition to the confines witnesses witnesses found within question, by general law, Oklahoma, abstract mileage right fees, be allowed now and other have that can be decided. It by not when appearing Legis- allowed witnesses an act ihe district courts of fees the state. Such It No has been enacted. lature. such act expenses paid be out of the funds acquire right res- cannot House appropriated expenses of the House olution. Legisla- of the Twelfth ture, paid be members same to man- expenses provided ner necessary as other for herein.” of “actual and the committee particular expenses” portion traveling with We call conflict is in direct attention reading in Dixon section No. article as defined follows: of. Auditor, Shaw, State paid “Except they may nec- actual and essary prosecution expenses traveling incurred in the work, of such and such It cannot be said that paid and assistance also for investi- inherent gation. expenses.” traveling precluded by That This resolution authorized the committee carry requires which out. act investigate speedily completely. to attempts delegate “full committee reasons, the House For these complete authority employ.” hire and paid designated the Act of 1915 should in ‘ expenses inves that the of such designated, therein the State Auditor should paid appro tigation are “to be out of the enjoined, pay- be expenses priation for for the House ing any employee of the House. Representatives.” provides that the mem Tt brought question before is another There paid necessary and trav bers shall be actual record, to whether and that is as us on this expenses eling and as and that appropriation for has been made or an not necéssary' may paid1 employed be sistance 1he of these salaries. expenses. provides traveling wit It that, be- Oklahoma fundamental mileage fees nesses are be allowed and may a warrant Auditor draw fore the- State courts, as allowed witnesses in the district same, .pay may Treasurer or the State expenses are be these fees and the warrant drawn the must for paid appropriated of. for out the funds ap- and an statute be authorized expenses of the House. propriation made for have been must adoption of the Constitu- Soon after the payment thereof. Supreme had tion of Oklahoma the Court Menefee, omitting the No. under consideration in the case House Resolution Treasurer, Askew, provides part, com- and the House State Game State formal mittee on investigate investigation Warden, should Fish desirable; salary expenses” necessary question it and nec- and and “actual as it deems delay, prosecute begin essary traveling Should of the State Game work without early salary and “actual as Warden final determination Fish ihe same necessary expenses” possible, exceed not ns and: eight deputy Game and Kish Af- Wardens. necessary as expense, an actual a office case, ter appropriation? consideration of 6, pro- valid art. Section opinion covering pages vides ten State Re- that the State Game and Warden Kish ports, shall be Mr. Justice reimbursed for ex- Williams concluded his office actual penses, including expenses passage catching question the act shipping game propagating purposes, for performance debt, of the services created a paid monthly be in the same manner as his but the court concluded that that debt could salary expenses. traveling ap- A valid not be realized on in the absence propriation provisions under the of our Con- specific appropriation designating sum distinctly specify stitution must the sum and object as well as the for which object applied. to which is to appropriation was made. The first and object appropriated distinctly specified, .is sum paragraphs syllabus fourth were as necessary for actual of- follows: expenses fice distinctly is not set out specified provisions of the act ‘appropriation’ “1. An this state is attention, respect called to our and in that authority Legislature, given provisions the act falls. Under the proper legal proper time and in form to the act, it seems that for such sum or as sums officers, apply distinctly specified sum, expended by game and fish com- designated treasury from a fund out of the necessary missioner for actual and ex- office given year, specified object in a for a or de- penses against created, debt such fund is against mand the state.” appropriation can be realized on provision “4. pro- only, specifically of section art. 6. designating sum, viding that n wellas the the Game and Kish Warden object purposes for which the shall be appropriation reimbursed for his actual is made.” necessary expenses, expenses including Applying this rule to the resolution before catching shipping game propagating and in the for us, we find House Joint Resolution No. purposes, paid monthly- to be inoperative. direct conflict therewith and salary traveling manner as his ex- penses, appropri- Senate Joint does not Resolution No. 10 inis direct constitute valid ation, appropriated inoperative. conflict the sum certain therewith and distinctly specified.” not House Resolution No. far question This is before this court. The provides “help and assis- passage of these resolutions and their effect tance,” necessary traveling “actual and ex- is identical with the under matter consider- penses” members, necessary “actual and adopted ation in that case. There was an act expenses” traveling assistance,” “of providing protection fish, game, “mileage witnesses, and other fees” birds, prescribing penalties for viola- is in direct conflict therewith and is providing tion and there- for the enforcement operative. Among of. was one brings That tous ah examination of the Warden, State Game and and another Kish appropri- proper as to whether eight deputies. to exceed Section ation was made. salary thereof is contended that we cannot consider of the warden and that Senate Bill No. 5 that it the reason “he shall also reimbursed for his actual pleadings. not mentioned in the That expenses, including ex- office true, the trial rendered penses catching game shipping gives denying court propagating purposes, paid monthly to be prayer No. House Joint Resolution salary and in the same manner as traveling expenses.” Resolution No. House Joint Bill No. Joint Resolution and Senate a similar There was as to 5. The bill attached resolution deputy matter, considering the wardens. In pleadings Resolution No. is House applied Mr. Williams section 55 of Justice judicial notice of Sen- take au- article 5 of Constitution cited 5. The court’s attention ate Bill No. been Omitting that when the officeis thorities creeded the effect entry. journal by directed the by salary the the the out of the statute and and provides: parts, formal that bill the payment by statute, fixed 1imo of the appropriation hereby appropriated act treasury constituted “Section 1. There is Treasury, any money not payment out of otherwise or the State for thereof as the same the $50,000, appropriated, of sum in the follow- becomes due. He concluded may necessary, to be so much thereof as ing language: pay per mileage of and diem the mem- Legisla- here arises: Is further “But the of the Senate of the Twelfth bers by stenographer employed salary of a ture, and em- and salaries of the officers Warden, com- ployees Senate, contingent Game and Kish State of and such therefrom, being paid stenographer may expenses paid pensation to said ordered separate appropriation required, and publication of is preparation including and appropriation journals Senate. the inclusion of an of the for calendars and making appropriation in a bill hereby appropriated 2. There is “Section employees for the salaries of officers and Treasury, noc any money State of in the out otherwise provided by theretofore for law and whose $100,000, appropriated, the of sum by necessary, may been fixed salaries had theretofore much thereof so per pay mileage the mem- of is in violation of of and diem the last sec- supra, House bers tion of- salaries Twelfth and appropriations made “All other shall be Rep- employees ficers and by bills, embracing separate one each expenses contingent therefrom, resentatives, and subject.” including paid may be ordered jour- preparation publication and the nals Bill not contended that Senate Repre- the House of and calendars of general appropriation No. is a Since bill. sentatives” general appropri- Bill No. is Senate not emergency bill, clause. be construed with refer- —and contained an ation ence to that last it must 56, supra, portion bill, As- rule in Menefee v. That under the construed, inoperative. appro- quoted, being kew, supra, priated and it must The sum so attempted ap- employees fail to make an and because it salaries of officers for propriation contingent payment appropriated ex- of salaries for and the sum employees pro- specified penses distinctly not theretofore officers and not out or set by for law and be- vided whose salaries had No is made therein therein. distinction “temporary employees law in the and theretofore been fixed tween and appropriations pay- bill with assistance.” employees ment. of salaries of officers and 5 of the Constitution Section 56 of article provided who for law and whose had been appropriation general bill what defines by law. had been fixed theretofore salaries pro- shall embrace and limits that bill separate appropriations the two : vision provisions one bill. be made in cannot any appropriation be made “Nor shall reasons, For Bill 5 is these Senate employee, un- therein for such officer 56, supra, and there violation of section amount of less his already provided appropriation against salary, which the State have been may law.” warrants and draw Auditor pay may pay funds Treasurer State here considered None of the resolutions employees of salaries of officers ment salary provides officer provided for under than those provides supra, ployee. further Section in O. S. forward 1915 as carried Laws appropriations shall be made that all employing separate bills, one sub- ject. conflict in direct appropriation Bill No. Senate made Nor has there been an fees, of that section. witnesses, with the vides for payment, witness for the or pay appropriation the mile- mileage rule House. Under per age Askew, supra, members of diem in Menefee announced pay appropriation designate specifically and another appropriation failed to per mileage object members diem as the as well the sum Representatives. of those Each appropriation the House of made. Under for,which general appropriation appropriation included in a could be bill construction an that required anpropriated out, salary separately But it also the amount bill. to set officers, employees the Senate the officers salaries employees of the officers salaries House of salaries of the amount Representatives. mileage, Those could witness fees and amounts for that ignate appropria- specifically appropriation ain des- included bill must have been appropriated officers far as those each of bill in so tion the sum appropri- objects their salaries the amount which the bill makes provided appropriation law. In so far as made Sen- ation. The had been $50,000, their sala- much-thereof or so officers and Bill No 5. ate law, mileage provided may not been bo had a.- ries gen- per included of the Senate of the members diem could not eral bill, appropriation salaries under section th» Twelfth supra. Bill No. 5 the Senate and seeks In far as Senate 'he officers expenses money contingent appropriate be ordered therefrom, including preparation paid there- of officers journals publication and calendars sal- law and whose tofore arie'; apnropriation specifi- by law. of it not an been fixed theretofore had not 112 officers and cally designating ject ob- well the sum as Senate, for than or appropriation which 1915, trial -and the sufficiently made, in the Session Laws definite. and is not applica- denying the attempted error in appropriation court was in When made in the same bill with vision for the appropriations injunction. pro- tion of the similar each of the when reversed, with direc- cause should be attempted be made order court to enter tions to the trial attempts appropriation restraining one bill to make an injunction grant Stale and Auditor payment of- for ficers and of the salaries paying approving and from already provided employees not payment issuing any warrants claims or of salaries of the the House or other except only al- law and whose salaries not officers or by law, ready entire been fixed in then the fees the Senate witness supra, 56, bill of section violation expenses House or the and void. is unconstitutional those authorized under the visions of the Laws 1915. was raised this case 49, upon supra, the effect of section Rehearing. On necessary help rights of the Senate to rehearing PER CURIAM. On our atten impeachment purposes in addition to Bryan tion is called to the Mene cases v. regular employees, employ- and to have that fee, 1, 21 Okla. 471, 95 Pac. Butler v. Car- ment take at the same term at effect ter, 70, 965, 87 Pac. McClelland v. 209 passed impeach- providing the act ment, Lewis, 551, 990, 40 Okla. and Ed 139 Repre- House of Childers, 158, wards v. 228 Pac. employ help sentatives investigation 472, 8665,inclusive, and sections 8648 to presentment impeach- 9250, sections 9228 and O. S. 1921. C. regular employees, ments addition to the employment opinion We are to have take act is these at bar effect cases passed applicable the same term at which the not to the case employment. providing for the are in no manner overruled the decision distinguishable eleakly this case questions and are Neither of these is before this ease, They court raised in the ployment, and were therefore dis- determination. were petition. They original opinion, cussed were here but are raised alleged answer. The answer mentioned for the plaintiff reason counsel for allegations but those might were denied in error that there insists reply, .the denial in the so that confusion in construing the district courts in those issues are not before this court holdings case, in those cases and court, determination. If the because of the and for that reason an- decided to we halve “public question,” nature of the is deter- regard nounce the view of court in questions mined to consider these even the Rehearing same. denied. though pleadings there is a conflict in the HUNT. X. dissents. court, and the evidence is not before the holding majority opinion then the Error,” ppeal Note.—See “A J C. 49, supra, §1786, p. that section n 22. J. is not “Contracts.” 13 limitation C. 177. §489, Law,” p. 531, n. 70. “Constitutional §41, p. p. 68; §43, C. J. n. n. 74: 'provide 700. legislation, enactment of 1; p. 703, p. 704, p. 97; §152, §47. n. n. of either House §390, 887, “Judgments,” 7411, 58; 34 C. 94. p. n. 38. n. required purpose making who are an for the “Officers,” §226, p. J. n. 57. investigation necessary present- §290, p. p. 71; §287, 1033, n. n. J. impeachment by ment of an the House “States,” p. p. Cyc. 32; n. of trial of the “Statutes,” Cyc. 77; p. 1017, n. n. 16. 15. charges by However, correct. p. 1020, p. 87; n. n. 96. done, before that can a valid act providing must be enacted for the sistance. That of such additional as- provide must act et the number WOODMANSEE WOODMANSEE al. and to be Opinion Filed March 1929. No. 18404. paid to each. No such act has been shown Rehearing Denied June to this court other than the the Laws of 1915. The senate bill and the

resolutions before this court are not suffi- cient. The record in this case valid shows no appropriation of salaries

Case Details

Case Name: Shaw v. Grumbine

Court Name: Supreme Court of Oklahoma

Date Published: Mar 12, 1929

Citation: 278 P. 311

Docket Number: 20156

Court Abbreviation: Okla.