Carter v. State Ex Rel. Taylor

Citations

• 186 P. 464
• 77 Okla. 31
• 1919 OK 369
• 1919 Okla. LEXIS 238

Syllabus

<p>(Syllabus by the Court)</p> <p>Officers — Change of Salary During Term— Constitutional Law.</p> <p>Section 10, art. 23, Constitution of Oklahoma, provides: “Except wherein otherwise provided in this Constitution, 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, unless by operation of law enacted prior to such election or appointment; nor shall the term of any public official be extended beyond the period for which he was elected or appointed; Provided, that all officers within this state shall continue to perform the duties of their offices until their successors shall be duly qualified.” Held, where a person is appointed to fill an unexpired term or fractional term of a public office, “his term of office” begins with his appointment and qualification, and he is entitled to receive the salary provided by law at the time of such appointment,' although such law is enacted subsequent to the date of the election or appointment of his predecessor.</p>