In Re County Com'rs of Counties Comprising Seventh Judicial Dist.

Citations

• 98 P. 557
• 22 Okla. 435
• 1908 OK 207
• 1908 Okla. LEXIS 41

Syllabus

<p>1. STATUTES — Expression of Subject in Title — Constitutional Requirements — Construction. Section 57, art. 5 (Bunn’s Ed. p. 130), of the Constitution of this state, ordaining that “every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title,” is mandatory; but its requirements are not to be exactingly enforced, or in such a technical manner as to cripple legislation.</p> <p>2. SAME — Act Relating to Appointment of District Judges. The title of the act entitled “An act to provide for the appointment of additional judges of the district courts of the state where same are found necessary; making an appropriation and declaring an emergency,” embraces but one subject, namely, “the appointment of additional judges of the district courts of the state where same are found necessary,” the subsequent clause being referable, and so correlated, to the subject expressed in the first clause in the title as a natural and legitimate complement to the subject therein expressed.</p> <p>3. CONSTITUTIONAL LAW — Distribution of Governmental Powers — Judicial Powers — “Delegation of Legislative Power.” That portion of section 1 of said act (Act May 29, 1908, CSess. Laws 1907-08, p. 453, c. 46]) which provides that upon the recommendation of the Supreme Court “the Governor shall appoint an additional judge for such district for the time recommended by the court,” at least as to the fixing of the time or term of office of such additional judge, delegates to or lodges such legislative power with the Supreme Court as conflicts with section 1, art. 4, (Bunn’s Ed. sec. 50), of the Constitution.</p> <p>4. JUDGES — Additional Judges — Statutory Provisions — Validity. That portion of section 2 of said act (Act May 29, 1908, Sess. Laws 1907-08, p. 454, c. 46), which provides that no appointment thereunder by tlie Governor of such additional judge “shall expend bes’ond January 1st, 1911,” is in conflict with that portion of section 9, art. 7 (Bunn’s