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In Re Lee

Citations

  • 168 P. 53
  • 64 Okla. 310
  • 1917 OK 458
  • 1917 Okla. LEXIS 654

Syllabus

<p>(Syllabus by the Court.)</p> <p>1.Constitutional Law — Denial of Justice— Docket Fees — Statute—“Sale or Denial of Justice and Bight.”</p> <p>Section 5, ch. 87, Session Laws 1915, imposing a docket fee of $25 in each cause filed in the Supreme Court, to be collected and recoverable as other costs, and providing for an advance payment to the clerk of $40, is not a sale or denial of justice and right within the meaning of section 6, art. 2, of the Constitution (Williams’, sec. 14).</p> <p>2. Staitates —■ Subject and Title — Constitutional Provisions.</p> <p>Chapter 87, Session Laws 1916, does not embrace more than one subject within the meaning of section 57, art. 5, of the Constitution (Williams’, sec 147).</p> <p>3. Statutes — Amendment — Constitutional Provisions.</p> <p>Section 5, ch. 87, Session Laws 1915, is not in conflict with that portion of section 57, art. 5, of the Constitution (Williams’, sec. 147), which declares that: “No law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revived, amended, extended or conferred shall be reenacted and published at length.”</p> <p>4. Statutes —1 House of Representatives — Revenue Bill — Constitutional Provisions -v-“Bill for Raising Revenue.”</p> <p>■Chapter 87, Session Laws 1915, is not a bill for raising revenue, which, under section 33, art. 5, of the Constitution (Williams’, sec. 95), must originate in the House of Representatives.</p> <p>Sharp, C. J., and Brett, J., dissenting.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • distinguishing a fee from a tax on the basis that a fee is designed to compensate the government whereas a tax is designed to raise revenue
  • distinguishing a fee from a tax on the basis that a fee is designed to compensate the government whereas a tax is designed to raise revenue
  • distinguishing a fee from a tax on the basis that a fee is designed to compensate the government whereas a tax is designed to raise revenue

Source: CourtListener parenthetical corpus (CC0).

Judges: Miley, Sharp, Brett

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