Riley v. State ex rel. Mcdaniel
| Decision Date | 02 June 1914 |
| Docket Number | Case Number: 6192 |
| Citation | 43 Okla. 65,141 P. 264,1914 OK 251 |
| Parties | RILEY v. STATE ex rel. McDANIEL. |
| Court | Oklahoma Supreme Court |
¶0 1. STATES--Legislature--Officers and Employees. The legislative department of the state has authority to appoint or elect its own officers and employees.
2. SAME--Secretary of Senate. Section 8115, Rev. Laws 1910, provides for the appointment of a secretary of the Senate by the president of the Senate.
3. SAME--Secretary of State Election Board--Validity of Statute. That part of section 1 of chapter 157, Session Laws 1913, passed by the extraordinary session of the Fourth Legislature, which provides that "The secretary of the state Senate shall be the secretary of the State Election Board," is not repugnant to that part of section 13, article 6, of Williams' Ann. Const. Okla., which provides that "the Governor shall commission all officers not otherwise commissioned by law."
4. OFFICERS--Appointive Power. The power to select officers of the state is not an exclusive function of either the executive, legislative, or judicial branches. Primarily the power resides in the people, and they alone are authorized to say by what instrumentality the power may be exercised.
5. ELECTIONS--Election Officers--Statutes--Extraordinary Session of Legislature--Governor's Message. The subject acted upon by the extraordinary session of the Legislature was sufficiently recommended for consideration by the Governor, pursuant to section 7, article 6 Williams' Ann. Const. Okla., by his message, which reads as follows:
6. MANDAMUS--Surrender of Appurtenances of Office--Secretary of State Election Board--Prima Facie Case. To make a prima facie case entitling him to a writ of mandamus requiring the former secretary of the State Election Board to immediately surrender and deliver to him all books, records, papers, and office furniture belonging to the office of the State Election Board, the secretary of the state Senate, who alleged that he was also secretary of the State Election Board, by virtue of the enactment of section 1. c. 157, Sess. Laws 1913, relied upon his appointment as secretary of the state Senate by the president of the Senate, as shown by the journal of the Senate, and a commission as secretary of the State Election Board, issued to him by the president pro tempore of the Senate, who is authorized by section 1, supra, in case of a vacancy in the office of secretary of the State Election Board during such time as the Senate may not be in session, to appoint his successor. Held, sufficient.
Error from District Court, Oklahoma County; W. R. Taylor, Judge.
Mandamus by the State, on the relation of Ned McDaniel, against Ben W. Riley. Judgment for relator, and defendant brings error. Affirmed.
Fogg & Bennett, for plaintiff in error
McAdams & Haskell, for defendant in error
¶1 In the court below, the plaintiff, defendant in error here, filed his application for the issuance of a writ of mandamus against the defendant, plaintiff in error here, wherein he prayed that "a peremptory writ of mandamus may issue forthwith, commanding the said Ben W. Riley immediately to surrender and deliver to petitioner all books, records, papers, and office furniture and other paraphernalia of said office of the State Election Board." The proceeding thus commenced terminated in the issuance of the writ as prayed for, and it is to review this action of the trial court that this proceeding in error is commenced.
¶2 The plaintiff contends that he was appointed secretary of the state Senate by the president of the Senate of the Fourth Legislature, and that by virtue of that appointment he became secretary of the State Election Board, and entitled to the books, records, papers, and office furniture belonging to that office upon the enactment by the extraordinary session of the Fourth Legislature of section 1, c. 157, Sess. Laws 1913, which provides:
¶3 The contentions of counsel for the defendant, as presented in their brief, may be briefly stated as follows: (1) The Legislature cannot create an office, if it is said that an office is created by chapter 1, section 157, supra, and then fill the office or appoint the person who is to discharge the duties of the office created by the Legislature. This, they say, would be repugnant to section 13, article 6, Williams' Ann. Const. Okla., which provides:
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Wentz v. Thomas
...J. 836. And the Legislature, where not inhibited by the Constitution, may vest the power of appointment at its discretion. Riley v. State, 43 Okla. 65, 141 P. 264. ¶175 In the cited Oklahoma case it was held: "Generally the power to select officers of the state is not an exclusive function ......
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Phelps v. Childers
...City of Guthrie v. New Vienna Bank, 4 Okla. 194, 38 P. 4; Oklahoma Aid Ass'n v. Thomas, 125 Okla. 190, 256 P. 719; Riley v. 'State ex rel. McDaniel. 43 Okla. 65, 141 P. 264: Remer v. State, 3 Okla. Cr. 706, 109 P. 247. ¶32 The compiling and annotating of statutes is not an exclusive functio......
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IN RE APPLICATION OF OKL. DEPT. OF TRANSP.
...system of government, we have long recognized that the Governor's constitutional appointment power is limited in Oklahoma. Riley v. State ex rel. McDaniel, 1914 OK 251, 43 Okla. 65, 141 P. 264. Riley teaches that our state constitution does not vest the appointment power as an exclusive fun......