OPINION — AG — ** TRANSCRIPT — RIGHT — COSTS ** ANY IDEA THAT A DEFENDANT COULD REFUSE TO PAY FOR THE TAKING AND TRANSCRIBING OF THE TESTIMONY AND AT THE SAME TIME REFUSE "TO PROCEED OR PERMIT THE COURT TO PROCEED WITH THE EXAMINATION" SEEMS NOVEL INDEED. THE AUTHORITY OF A COURT TO PROCEED WITH AN EXAMINATION AND TAKING OF TESTIMONY IS NOT DEPENDENT UPON THE PERMISSION AND CONSENT OF THE DEFENDANT, AND WE AGREE THAT UNDER SUCH CIRCUMSTANCES THE COURT HAS FULL AUTHORITY TO PROCEED WITHOUT...
OPINION — AG — ** APPROPRIATIONS — STATE LEGISLATURE ** CITES EARLIER OPINION DATED MARCH 28, 1947 — WELCH DEALING WITH "THE LEGISLATURE HAD AUTHORITY TO MAKE AN APPROPRIATION TO PAY CLAIM FOR AN OBLIGATION THAT WAS CONTRACTED OR INCURRED BY THE STATE AGAINST A THEN UNENCUMBERED BALANCE OF A PERTINENT APPROPRIATION ALLOCATION". CLAIM ENDING IN JULY 1, 1945 CITE: 74 Ohio St. 6 [ 74-6 ] ARTICLE X, SECTION 1, ARTICLE X, SECTION 23, ARTICLE V, SECTION 55 (FRED HANSEN)
** OKLAHOMA TAX COMMISSION — VEHICLE TAGS — LICENSE PLATE — REGISTRATION ** WHERE AN AUDIT OF THE BOOKS AND ACCOUNTS OF THE MOTOR VEHICLE DIVISION OF THE OKLAHOMA TAX COMMISSION, BY THE STATE AUDITOR AND INSPECTOR, DISCLOSES THAT A MOTOR LICENSE AGENT (TAG AGENT) HAS NEITHER REPORTED A PARTICULAR MOTOR VEHICLE LICENSE PLATE OR TAG WHICH WAS AMONG THOSE INVENTORIED TO HIM AS HAVING BEEN ISSUED BY HIM (WITH SUCH REPORT ACCOMPANIED BY A CORRESPONDING REGISTRATION CERTIFICATE AND REMITTANCE) NOR...
** CANCELLATION OF TAXES — COURT — JUDGMENT — ERRONEOUS ASSESSMENT — AD VALOREM ** UNDER A 1916 STATUTE AUTHORIZING BOARDS OF COUNTY COMMISSIONERS TO CORRECT ERRONEOUS ASSESSMENTS, WHICH STATUTE APPEARED IN THE OKLAHOMA STATUTES 1931 AS SECTION 12642, NUMEROUS PROPERTY OWNERS MADE APPLICATION TO HAVE ASSESSMENTS OF THEIR PROPERTY REDUCED AS BEING EXCESSIVE; THAT, IN MOST INSTANCES, SUCH APPLICATIONS WERE ALLOWED AND CERTIFICATES OF ERROR WERE ISSUED, UNDER WHICH THE PROPERTY OWNERS PAID THE...
** CONSTITUTIONALITY OF BILL — INTOXICATING LIQUOR — TRANSPORTATION ** IS HOUSE BILL NO. 12 (1949) CONSTITUTIONAL (BILL: AN ACT RELATING TO THE DISPOSITION OF LIQUORS FORFEITED FOR VIOLATION OF LAW PROHIBITING INTOXICATING LIQUOR WITHIN THE STATE; PROVIDING FOR DELIVERY OF LIQUOR OF COMMERCIAL VALUE TO THE OKLAHOMA TAX COMMISSION AND FOR ITS SALE BY SUCH COMMISSION; PROVIDING FOR DEPOSITION OF PROCEEDS THEREOF; PROVIDING FOR DESTRUCTION OF NON-COMMERCIAL LIQUOR; AND REPEALING ALL LAWS IN...
OPINION — AG — ** PUBLIC RECORD — INSPECTION — MILITARY DEPARTMENT ** QUESTION: ARE THE FILES IN THE OKLAHOMA MILITARY DEPARTMENT ASSEMBLED IN CONNECTION WITH AN ACCIDENT CAUSED BY A MILITARY VEHICLE BELONGING TO THE NATIONAL GUARD BE CONSIDERED A PUBLIC RECORD — NEGATIVE (SUMMONS, ACCIDENTS, INVESTIGATION, RECORDS) CITE: 51 Ohio St. 24 [ 51-24 ] (OWEN J. WATTS)
OPINION — AG — ** SOVEREIGN IMMUNITY — MILITARY DEPARTMENT — DAMAGES — LIABILITY ** NEITHER THE OKLAHOMA NATIONAL GUARD NOR THE STATE OF OKLAHOMA WOULD BE LIABLE TO A CIVILIAN WHO IS INJURED UNDER THE CIRCUMSTANCES OUTLINED. (PRIVATE PROPERTY DAMAGED — ACCIDENT — VEHICLE) CITE: 44 Ohio St. 207 [ 44-207 ] (OWEN J. WATTS)
OPINION — AG — ** DUAL OFFICE — MUNICIPAL ATTORNEY — COUNTY ATTORNEY ** IF THE POSITION OF CITY ATTORNEY (CONTINUOUS EMPLOYMENT AS GENERAL ATTORNEY FOR THE CITY, AS DISTINGUISHED FROM SPECIAL EMPLOYMENT IN A PARTICULAR MATTER) EXISTS, EITHER UNDER 11 Ohio St. 632 [11-632], OR UNDER AN ORDINANCE OF THE CITY IN QUESTION, UNDER AUTHORITY OF 11 Ohio St. 631 [11-631] SUCH POSITION IS AN "OFFICE" UNDER THE THE LAWS OF THIS STATE, WITHIN THE CONTEMPLATION OF 51 Ohio St. 6 [ 51-6 ] SO THAT A PERSON...
OPINION — AG — ** TRADEMARK — SEED ** MR. DANNE HAS DEVELOPED A VARIETY OF WHEAT SEED PARTICULARLY WELL ADAPTED TO CULTIVATION IN THE STATE OF OKLAHOMA WHICH HE HAS NAMED DANNE'S IMPROVED EARLY TRIUMPH WHEAT SEED. MR. DANNE ALLEGES THAT HE HAS TRADE MARKED THIS SEED UNDER THAT NAME. THIS VARIETY IS KNOWN GENERALLY AS TRIUMPH AND IS DESIGNATED BY THE NAME ' TRIUMPH ' IN EXPERIMENTAL TESTS CONDUCTED BY EXPERIMENT STATIONS THROUGHOUT THE WHEAT BELT. — IS THE OTHER PRODUCER ENTITLED TO...
** FORCE ACCOUNT — SCHOOLS ** QUESTION: IS IT LEGAL FOR A SCHOOL DISTRICT BOARD OF A CONSOLIDATED SCHOOL DISTRICT TO PROCEED UNDER THE FORCE ACCOUNT PLAN TO CONSTRUCT A SCHOOL BUILDING THE SCHOOL DISTRICT OF A CONSOLIDATED SCHOOL DISTRICT MAY ERECT A BUILDING UPON THE FORCE ACCOUNT PLAN, THAT IS, THAT IT MAY ITSELF PURCHASE THE MATERIALS TO BE USED IN THE CONSTRUCTION OF THE BUILDING AND EMPLOY THE NECESSARY LABOR. IN THIS CONNECTION, HOWEVER, IT IS DEEMED PROPER TO POINT OUT THAT IN...
** BUDGET DIRECTOR — TRANSFER OF FUNDS ** WITH THE WRITTEN APPROVAL OF THE BUDGET DIRECTOR, THE UNENCUMBERED BALANCE OF THE CURRENT APPROPRIATION MADE BY SENATE BILL NO. 268 TO THE SOLDIERS RELIEF COMMISSION FOR THE PURPOSE OF PROVIDING HOSPITALIZATION, IN THE VETERANS WARD OF UNIVERSITY HOSPITAL, FOR DESTITUTE EMERGENCY DISABLED VETERANS, OR ANY PART THEREOF, MAY BE TRANSFERRED TO THE ITEM OF CURRENT APPROPRIATION TO THE SOLDIERS RELIEF COMMISSION. CITE: 62 Ohio St. 41 .12 [ 62-41.12 ], 72...
** WEST PUBLISHING COMPANY — SUPPLEMENTAL STATUTE BOOKS — PRICE INCREASE ** (1) THAT SENATE BILL NO. 174, WHICH PROVIDES FOR THE PURCHASE OF A CUMULATIVE SUPPLEMENT CONTAINING DATA NOT CONTEMPLATED BY SECTION 10 (OF BILL), WILL NOT, IF ENACTED, REPEAL SAID SECTION, BUT WILL, IF CARRIED OUT, MEAN THAT THE PURCHASE OF THE 2000 SUPPLEMENTS AUTHORIZED THEREBY WILL BE MADE UNDER THE PROVISIONS OF SAID BILL AND NOT UNDER THE PROVISIONS OF SECTION 10, AND (2) THAT IN THE EVENT OF A COURT DECISION...
** SEE: FILE-PACK DATED NOVEMBER 1949 (OFFICE MEMO) ** "DOES THE COURT CLERK OF A COUNTY HAVE THE AUTHORITY TO OPEN THE ENVELOPE DELIVERED TO HIM BY THE DISTRICT JUDGE CONTAINING THE JURY LIST FOR A DESIGNATED TWO WEEKS JURY TERM OF COURT, IN ORDER TO BE ABLE TO SUMMONS THE JURORS NAMED THEREIN TO ATTEND SAID COURT, AND IF SO, WHEN SHOULD HE OPEN SAID ENVELOPE" THERE IS NO LAW WHICH SPECIFICALLY PRESCRIBES THE TIME SAID ENVELOPE IS TO BE OPENED BY THE COURT CLERK. HOWEVER, SECTION 6 OF THE ACT...
** REGENTS OF HIGHER EDUCATION — BOND ISSUE ** (1) THE A.G. IS OF THE OPINION, THAT THE LEGISLATURE OF OKLAHOMA IS WITHOUT CONSTITUTIONAL AUTHORITY "TO ALLOCATE FUNDS SECURED THOUGH THE PROCEEDS OF THE SALE OF THE BOND ISSUE PURSUANT TO ARTICLE X , SECTION 31 OF THE OKLAHOMA CONSTITUTION DIRECTLY TO STATE INSTITUTIONS OF HIGHER EDUCATION". (2) THE A.G. IS OF THE OPINION THAT THE LEGISLATURE IS WITHOUT CONSTITUTIONAL AUTHORITY "TO ALLOCATE SUCH FUNDS TO THE STATE REGENTS OF HIGHER EDUCATION WITH...
WHAT IS THE STATUS OF THE SHERIFF OF MUSKOGEE, WHOSE CONVICTION BY THE FEDERAL DISTRICT COURT OF MUSKOGEE WAS LATER AFFIRMED BY THE UNITED STATES COURT OF APPEALS AND HAS NOW BECOME FINAL THROUGH THE ACTION OF THE SUPREME COURT OF THE UNITED STATES, WE REFER TO THAT PORTION OF YOUR LETTER IN WHICH YOU EXPRESS YOUR OPINION THAT THE OFFENSE OF WHICH SHERIFF BRIGGS HAD BEEN CONVICTED WAS ONE "INVOLVING A VIOLATION OF HIS OFFICIAL OATH" AND ASK THE ATTORNEY GENERAL OPINION UPON SUCH INQUIRY....
OPINION — AG — ** ELECTION — SCHOOL BOARD — CANDIDANCY ** QUESTION(1): DO CANDIDATES FOR MEMBER OF THE BOARD OF EDUCATION FILE FOR DESIGNATED POSTS, AND IF SO, WHO DESIGNATES THE POST NUMBER — SEE: 70 Ohio St. 866 [ 70-866 ], QUESTION(2): WHERE DO THE CANDIDATES FILE — APPLY TO BOARDS OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT, SEE: 70 Ohio St. 865 [ 70-865 ], 70 Ohio St. 870 [ 70-870 ], 11 Ohio St. 48 [11-48] AND THE SECRETARY OF THE COUNTY ELECTION BOARD. CITE: 70 Ohio St. 865 [ 70-865 ],...
OPINION — AG — ** PASSENGER VEHICLES — PURCHASE — STATE BOARD OF PUBLIC AFFAIRS ** WHAT IS THE EFFECT OF SENATE BILL NO. 246 (1949) UPON THE BOARD OF PUBLIC AFFAIRS AUTHORITY TO PURCHASE AND MAINTAIN PASSENGER AUTOMOBILES AND TRUCKS TO BE USED IN CONNECTION WITH THE DISTRIBUTION OF FEDERAL COMMODITIES, FROM MONEYS IN YOUR "SALVAGE CONTAINER FUND" DERIVED FROM THE SALE OF CONTAINERS IN WHICH FEDERAL COMMODITIES ARE SHIPPED TO YOUR BOARD — SEE OPINION (FEDERAL FUNDS) CITE: 47 Ohio St. 151 [ 47-...
OPINION — AG — ** BEER LICENSE — ALCOHOLIC BEVERAGES — PACKAGE STORE ** CAN AN INDIVIDUAL WHO HAS A BEER LICENSE CAN HAVE A PERMIT TO SELL BEER BY THE PACKAGE ARE THERE ANY REGULATIONS DIFFERENT FROM A PACKAGE STORE THAN THERE ARE UNDER THE LICENSE LAW OF THE STATE TO SELL BEER ARE MINORS ALLOWED TO BUY BEER FROM PACKAGE STORES WILL THE CLOSING HOUR AFFECT THE PACKAGE STORES AS IT DOES THE REGULAT BEER TAVERNS — SEE OPINION (BEER, HOURS, SALOONS, SELLING, JUVENILES, MINORS, INTOXICATING...
OPINION — AG — ** HONORARY DEGREES — CITIZENS OF OKLAHOMA — COLLEGES ** QUESTION: IS THERE ANY LAW WHICH WOULD PROHIBIT THE BOARD OF REGENTS OF AGRICULTURE AND MECHANICAL COLLEGES FROM CONFERRING IN THE NAME OF SAID COLLEGE, "HONORARY DEGREES" ON "WORTHY CITIZENS" — NEGATIVE (HONOR, DEGREE, CERTIFICATION, UNIVERSITY, COURSES) CITE: ARTICLE XIIIA, 70 Ohio St. 1323 [ 70-1323 ], 70 Ohio St. 1921 [ 70-1921 ], OPINION NO. DECEMBER 12, 1941 — OLIVER, 70 Ohio St. 1325 [ 70-1325 ] (FRED HANSEN) **...
OPINION — AG — ** BONDED INDEBTEDNESS — SCHOOL — ANNEXATION ** THE PROVISIONS OF HOUSE BILL NO. 120 (1949) LEGIS., CONCERNING THE ASSUMPTION OF BONDED INDEBTEDNESS EXISTING AT THE TIME THE BOUNDARIES OF SCHOOL DISTRICTS ARE CHANGED BY ANNEXATION APPLY ONLY IN THE CASES WHERE SCHOOL DISTRICT BOUNDARIES ARE CHANGED BY ANNEXATION MADE PURSUANT TO BY HOUSE BILL NO. 120 ON OR AFTER JULY 1, 1949, THE EFFECTIVE DATE OF SAID ACT, AND ARE NOT APPLICABLE TO SHIFT THE LIABILITY OR RESPONSIBILITY FOR...
