STATE ex rel. POPE Co. Atty. v. TILLOTSON.

STATE ex rel. POPE Co. Atty. v. TILLOTSON.
1914 OK 452
143 P. 200
43 Okla. 478
Case Number: 6056
Decided: 09/22/1914
Supreme Court of Oklahoma

STATE ex rel. POPE, Co. Atty.,
v.
TILLOTSON.

Syllabus

¶0 1. OFFICERS--Special Enforcement Officer--"Public Office." The office of special enforcement officer, provided for in section 15, c. 70, Sess. Laws 1910-11, comes within the definition of a public office.
2. STATUTES--Enactment--Submission to Special Session--Message of Governor. As a part of his message to the special session of the Legislature of 1913, the Governor said: "In my message submitted to you at the opening of this special session, I recommended the consolidation and elimination of certain local officials. Inasmuch as there has been expressed doubt on the part of some members of the Legislature as to whether or not this recommendation will permit the elimination of officers not specifically mentioned, I recommend to you that you pass such laws abolishing or consolidating offices and curtailing the number of appointees, assistants and deputies in local, county and state government as in your judgment may be in the interest of greater economy and more efficiency in government." Held, the subject of legislating relative to the office of special enforcement officer was sufficiently submitted to the Legislature (following Riley v. State ex rel. McDaniel, ante,

D. K. Pope, Co. Atty., and H. Y. Thompson, Asst. Co. Atty. (McAdams & Haskell, of counsel), for plaintiff in error
Tillotson & Elliott and A. C. Hough, for defendant in error

RIDDLE, J.

¶1 This proceeding is prosecuted from a judgment of the district court of Oklahoma county in a quo warranto proceeding, the purpose of which was to oust defendant in error as prohibition enforcement officer. The trial court, by its judgment, held that the office had not been abolished, and relator prosecutes error to this court. The cause was tried upon an agreed statement of facts. Among the points agreed upon and necessary to recite here are the following:

That at the special session of the Legislature, and on the 24th day of March, the Governor sent a message to the Legislature, under the caption of "Public Officers," and included in said message was the following:

"In my message submitted to you at the opening of this special session, I recommended the consolidation and elimination of certain local officials. Inasmuch as there has been expressed doubt on the part of some members of the Legislature as to whether or not this recommendation will permit the elimination of officers not specifically mentioned, I recommend to you that you pass such laws abolishing or consolidating offices and curtailing the number of appointees, assistants and deputies in local, county and state government as in your judgment may be in the interest of greater economy and more efficiency in government."

¶2 Pursuant to said message, the Legislature passed an act entitled "An act repealing section 15, chapter 70, of the Session Laws of Oklahoma 1910-1911," which section reads:

"The office of special enforcement officer is hereby established and created, for the purpose of enforcing the provisions of this act, where any peace officer of this state, whose duty it is to enforce the provisions hereof, neglects, fails or refuses to perform all the duties required by the provisions of this act. The Governor is hereby authorized and empowered to appoint and commission such special enforcement officer who shall have the power and authority of sheriffs, throughout the state of Oklahoma, for the enforcement of the prohibition laws of this state, and shall, under the direction of the Governor, perform all the duties herein conferred upon him. The salary of such special enforcement officer shall not exceed the sum of five dollars ($ 5.00) per day and necessary expenses while in the performance of such duties, to be paid upon vouchers submitted under oath and countersigned by the Governor."

¶3 It is further shown from the record that at the general session, prior to the special session of the Legislature, an act was passed, the purpose of which was to repeal section 15, c. 70, of the Sess. Laws of 1910-11, but was vetoed by the Governor. The law in question was passed over the Governor's veto at the special session of the Legislature. The section of the act which it is claimed abolished the office of enforcement officer is section 1, c. 133, Sess. Laws 1913, which reads as follows:

"That section fifteen (15) of chapter seventy (70) of the Session Laws of 1910-1911, be, and the same is hereby repealed."

¶4 Article 6, sec. 7, of the Constitution, provides:

"The Governor shall have power to convoke the Legislature, or the Senate only, on extraordinary occasions. At extraordinary session, no subject shall be acted upon, except such as the Governor may recommend for consideration."

¶5 The question arises upon this record: Was the subject of abolishing the state enforcement office submitted to the special session of the Legislature? If legislation relative to this office may fairly be held to be included in the Governor's message to the Legislature, then the Legislature was authorized and had the power to abolish said office. Riley v. State ex rel. McDaniel, ante,

¶6 All the Justices concur.