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Brough v. Excise Board of Muskogee County

Supreme Court of Oklahoma
Dec 1, 1931
5 P.2d 744 (Okla. 1931)

Opinion

No 22557

Opinion Filed December 1, 1931.

(Syllabus.)

Statutes — Title to Act Authorizing Special Tax Levies for Municipal Libraries Held Sufficient.

"That part of the title to House Bill No. 33, ch. 49, S. L. 1929, which reads, 'relating to public libraries of cities and towns and special tax levies thorefor' is sufficient under section 57, art. 5, of the Constitution to express the subject of the act."

Appeal from Court of Tax Review; Harve L. Melton, Hal Johnson, and Tom G. Chambers, Judges.

In the matter of protest by Eva Brough and others against certain tax levies made by the Excise Board of Muskogee County. From adverse judgment, protestants appeal. Affirmed.

Stone, Moon Stewart, for plaintiffs in error.

P.K. Oldham and W.B. Moore, for defendant in error.


Under stipulations of the parties to this appeal, all the questions involved have heretofore been disposed of except the one raised as to the sufficiency of the title to chapter 7, S. L. 1927, wherein it is contended that said act is unconstitutional for the reasons stated, that the title makes no mention of a tax levy for library funds in cities and towns in excess of the six-mill levy allowed by law for current expenses.

The parties also stipulate that the latter question being raised in cause No. 21343, Protest of Taxpayers of Muskogee County. Brooks v. State et al., decided Oct. 6, 1931, 152 Okla. 119, 3 P.2d 814, the decision herein is to follow the decision in that case.

The question raised having been determined adversely to protestants, the judgment and order of the Court of Tax Review is affirmed, and paragraph 3 of the syllabus in cause No. 21343, supra, is adopted as the syllabus herein.

LESTER, C. J., and HEFNER, CULLISON, SWINDALL, ANDREWS, and KORNEGAY, JJ., concur. CLARK, V. C. J., and McNEILL, J., absent.


Summaries of

Brough v. Excise Board of Muskogee County

Supreme Court of Oklahoma
Dec 1, 1931
5 P.2d 744 (Okla. 1931)
Case details for

Brough v. Excise Board of Muskogee County

Case Details

Full title:BROUGH et al. v. EXCISE BOARD OF MUSKOGEE COUNTY

Court:Supreme Court of Oklahoma

Date published: Dec 1, 1931

Citations

5 P.2d 744 (Okla. 1931)
5 P.2d 744