Supreme Court of Oklahoma, 1935

Ex Parte Lee

Supreme Court of Oklahoma · Decided November 26, 1935 · Riley, McNeill, Osborn, Bayless, Busby, Welch, Corn, Gibson, Phelps

52 P.2d 1039; 175 Okla. 426 (Pacific Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Yellow Cab Co. v. Wills (Okla. 1947)
Sartin v. State Industrial Commission (Okla. 1938)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

RILEY, J.

The petitioner, W. D. Lee, was convicted of the violation of ordinance Nov 4524, city of Oklahoma City (commonly-known as the segregation ordinance). In default of the payment of a fine of $10, assessed against him, he was, by order of the municipal court, remanded to the custody of Honorable John Watt, chief of police, and by said officer imprisoned.

On September 5, 1935, the petitioner sought relief by petition for writ of habeas corpus presented to the Honorable R. P. Hill, district judge, but the petition was denied. Thereupon an original action was filed in the Supreme Court, and the same relief was sought. On September 5, 1935, this court issued its writ of habeas corpus and ordered petitioner released on bail. A bond for this purpose was executed and approved. The chief of police has filed his return.

The sole issue presented is the constitutionality of the segregation ordinance, ’and that issue is decided by the opinion in Allen v. Oklahoma City et al., 175 Okla. 421, 52 P. (2d) 1054, this day promulgated. The bond is exonerated and petitioner is discharged.

McNEILL, C. J., OSBORN, Y. C. J., and BAYLESS, BUSBY, WELCH, CORN, and GIBSON, J J., concur. PHELPS, J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.