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STATE v. DISTRICT COURT OF MAYES COUNTY

Nos. 40844, 40865.

440 P.2d 700 (1967)

The STATE of Oklahoma ex rel. Charles NESBITT, Attorney General of Oklahoma, Plaintiff, v. The DISTRICT COURT OF MAYES COUNTY, State of Oklahoma and John Q. Adams, Judge of the District Court of Mayes County, State of Oklahoma, Defendants. Marguerite BILLINGTON, Court Clerk of Mayes County, State of Oklahoma, Plaintiff in Error, v. L.L. WEAVER, Sheriff of Mayes County, Thos. E. Landrum, County Attorney of Mayes County, and Creekmore Wallace, County Judge of Mayes County, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected May 14, 1968.

Rehearing Denied May 14, 1968.

Attorney(s) appearing for the Case

Charles Nesbitt, Atty. Gen., and Fred Hansen, Asst. Atty. Gen., for plaintiff and plaintiff in error.

Thomas A. Wallace, Sapulpa, for defendants and defendants in error.

McINERNEY Justice.

The principal question for decision in this consolidated cause is the constitutionality of H.B. 953 of the Twenty-Sixth Legislature, S.L. 1957, p. 109. This act, which bears an emergency clause, became law on May 21, 1957. It provides in substance that the county attorney, county judge and sheriff of each county of the state having a population of not less than 20,000 nor more than 20,400 as shown by the...

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