** SCHOOL BOARD — BUILDING FUND LEVY ** A SCHOOL BUILDING FUND LEVY MADE UNDER THE PROVISIONS OF ARTICLE X, SECTION 10 'MAY' BE USED TO CONSTRUCT BLEACHERS FOR A FOOTBALL FIELD, AND TO PURCHASE A SITE FOR SUCH BLEACHERS, BUT 'CANNOT' BE USED, IN ADDITION, THERETO, TO CONSTRUCT A "FOOTBALL FIELD, TRACK AND EQUIP THE SAME". (PUBLIC BUILDINGS, PROPERTY, CONSTRUCTION, BOARD OF EDUCATION, ERECT, PUBLIC BUILDING, MILL LEVY, FENCE, PURCHASE, EXPENDITURE) CITE: OPINION NO. APRIL 12, 1939 — GILLUM,...
OPINION — AG — ** VACANCY — DISTRICT JUDGE — APPOINTMENT ** STATEMENT OF FACTS: "ON JULY 27, 1951, THE COUNTY COMMISSIONERS OF HASKELL COUNTY, APPOINTED, R. WOOD, COUNTY JUDGE OF HASKELL COUNTY, OKLAHOMA (TO FILL A VACANCY IN SAID OFFICE) AND A COPY OF THE RESOLUTION INCLUDED. IT MAY BE NOTED THAT THE RESOLUTION MENTIONED APPOINTING JUDGE WOOD FAILED TO STATE THE TERM OF TIME OF APPOINTMENT AS PROVIDED IN 51 Ohio St. 10 [ 51-10 ] . ON SATURDAY, SEPTEMBER 8, 1951, THE BOARD OF COUNTY...
OPINION — AG — ** SCHOOL — MILITARY LEAVE — EMPLOYMENT ** THE PERSON WHO WAS " ORDERED AND CALLED TO SERVICE " IN THE ARMY AS RESERVE OFFICER WHILE UNDER CONTRACT AS SUPERINTENDENT OF SCHOOLS OF SAID SCHOOL DISTRICT IS " ENTITLED TO CLAIM SUCH EMPLOYMENT UPON HIS RETURN FROM SERVICE " AND IT IS THE DUTY OF THE SCHOOL BOARD TO " GIVE HIM BACK THE POSITION, IN CASE HE RETURNS AND CLAIMS THE SAME AS PROVIDED IN 51 Ohio St. 25 .5 [ 51-25.5 ] . (MILITARY SERVICE, DRAFT, CONTRACT) CITE: 51 Ohio St....
OPINION — AG — ** FRANCHISE ELECTION — MUNICIPALITY ** (1) NEWLY QUALIFIED ELECTORS REGISTERING FOR THE PURPOSE OF CASTING THEIR VOTES AT A CITY ELECTION ARE REGISTERED NOT ONLY FOR THE CITY ELECTION, BUT FOR A COUNTY OR GENERAL ELECTION AS WELL. (2) THE " REGISTRATION BOOKS " SHALL BE OPENED PRIOR TO A " FRANCHISE ELECTION ". (MUNICIPAL FUNDS, EXPENSE, EXPENDITURES, COST OF ELECTION) CITE: 11 Ohio St. 28 [11-28], 26 Ohio St. 73 [26-73] (J. H. JOHNSON)
OPINION — AG — ** MILK — MACHINES — STATUTES ** ONE MILK PROCESSOR MAY LAWFULLY PROCESS MILK FOR A DISTRIBUTOR WHO PROCESSES ITS OWN MILK AND SELLS THE SAME IN A DIFFERENT SIZE OF CONTAINER, BUT THAT, IF THE MILK SO PROCESSED IS SOLD UNDER THE TRADE NAME OF THE OTHER DISTRIBUTOR WHO DID NOT POSSESS THIS PARTICULAR MILK, THERE IS A "MISBRANDING" WHICH IS UNLAWFUL AND PROHIBITED BY 63 Ohio St. 295 .3 [ 63-295.3 ] (CONTAINERS) CITE: 63 Ohio St. 295 .3 [ 63-295.3 ] (J. H. JOHNSON)
OPINION — AG — ** AIRPORTS — COUNTY COMMISSIONERS — APPROVAL ** INSOFAR AS A COUNTY OR COUNTY COMMISSIONERS IS CONCERNED, THERE IS `NO' REQUIREMENT THAT A RESOLUTION CREATING A JOINT AIRPORT ZONING AIRPORT ZONING BOARD, AS PROVIDED FOR IN 3 Ohio St. 101 [ 3-101 ] — 3 Ohio St. 115 [ 3-115 ], BE FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK AND BE INDEXED THEREIN AS AN INSTRUMENT RELATING TO REAL ESTATE, AND THAT THERE IS NO AUTHORITY FOR THE RECORDING AND INDEXING OF SUCH AN INSTRUMENT, AS...
OPINION — AG — ** SCHOOL DISTRICT — ANNEXATION ** (1) A PART OF A SCHOOL DISTRICT CANNOT LEGALLY BE ANNEXED TO ANOTHER SCHOOL DISTRICT IF THE RESULT IS TO LEAVE THE TERRITORY REMAINING IN THE DISTRICT (FROM WHICH TERRITORY IS TAKEN) WITHOUT A SCHOOLHOUSE. (2) A PART OF A SCHOOL DISTRICT CANNOT LEGALLY BE ANNEXED TO AN ADJOINING SCHOOL DISTRICT IF THE RESULT THEREOF WOULD BE TO MAKE THE REMAINING PARTS OF THE FORMER DISTRICT NON ADJACENT. (3) THE COUNTY SCHOOL SUPERINTENDENT OF SCHOOLS IS...
OPINION — AG — ** TAX WARRANT — LEGAL ACTION ** (1) WHERE A TAX WARRANT FOR THE PERSONAL PROPERTY TAXES WHICH HAVE BEEN ASSESSED IN THE NAME OF "B" FOR THE YEAR 1949, ISSUED IN 1950, IS NOT LEVIED AGAINST THE PERSONAL PROPERTY PRIOR TO THE SALE OF SUCH PROPERTY TO ANOTHER, IN 1950, EVEN THOUGH ISSUED PRIOR TO SUCH SALE, SUCH TAXES DO NOT BECOME A LIEN UPON SUCH PERSONAL PROPERTY, AND, AFTER SUCH SALE, NEITHER SUCH TAX WARRANT NOR ANY OTHER TAX WARRANT FOR THE COLLECTION OF SUCH 1949 TAXES...
OPINION — AG — ** STUDENT — TRANSFERS — TUITION ** (1) " AN UNDERAGE PUPIL " CANNOT " BE LEGALLY TRANSFERRED " FROM ONE SCHOOL DISTRICT TO ANOTHER SCHOOL DISTRICT; (2) " AN UNDERAGE NONRESIDENT NONTRANSFERRED PUPIL " CANNOT " LEGALLY ATTEND SCHOOL WITHOUT PAYMENT OF TUITION "; (3) IT IS " REQUIRED BY LAW THAT TUITION FOR UNDERAGE OR OVERAGE NON RESIDENT NONTRANSFERRED STUDENTS BE USED AS A PART OF MINIMUM PROGRAM INCOME IN THE CALCULATION OF STATE AID FOR SCHOOL DISTRICTS ". (AVERAGE DAILY...
OPINION — AG — ** SCHOOL — TRUANCY — RACIAL ** HOUSE BILL NO. 232 'IS' UNCONSTITUTIONAL AS SPECIAL LEGISLATION, AND SHOULD NOT BE FOLLOWED OR OBSERVED BY AN INTEREST PUBLIC OFFICIAL. (APPOINTMENT OF A SPECIAL NEGRO TRUANCY OFFICER IN AN INDEPENDENT SCHOOLS) CITE: ARTICLE V, SECTION 46, ARTICLE V, SECTION 59, 70 Ohio St. 5-15 [70-5-15] (J. H. JOHNSON)
OPINION — AG — ** OLD AGE ASSISTANCE — GUARDIAN ** PAYMENT OF ASSISTANCE GRANTS FOR ANY " NEEDY PERSON EIGHTEEN(18) YEARS OF AGE OR OLDER WHO IS PERMANENTLY AND TOTAL DISABLED " AND WHO MEETS THE REQUIREMENTS SPECIFIED IN 56 Ohio St. 164 [ 56-164 ] MAY BE MADE TO A GENERAL GUARDIAN OR GUARDIAN OF ESTATE OF ANY SUCH PERSON WHO IS A MINOR OR WHO, ALTHOUGH NOT A MINOR, HAS BEEN DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE INCOMPETENT TO HANDLE HIS OR HER OWN AFFAIRS, AND IS OF THE FURTHER...
OPINION — AG — ** CENTRAL PURCHASING — BIDS ** IS THE OKLAHOMA PLANNING AND RESOURCES BOARD REQUIRED BY LAW TO PURCHASE NECESSARY SUPPLIES, MATERIALS, ETC., INCLUDING PRINTING, THROUGH THE STATE BOARD OF PUBLIC AFFAIRS — AFFIRMATIVE (BIDS, COMPETITIVE BIDDING) CITE: 74 Ohio St. 64 [ 74-64 ], 74 Ohio St. 64 [ 74-64 ](A), 74 Ohio St. 344 .12 [74-344.12] [74-344.12] (FRED HANSEN)
OPINION — AG — ** SCHOOL CONSTRUCTION — WAGES — CONTRACTOR ** (1) THAT THE BOARD OF EDUCATION (SCHOOL BOARD) REFERRED TO IN YOUR INQUIRY MAY LEGALLY REQUIRE BIDDERS FOR THE CONSTRUCTION OF SAID SCHOOL BUILDING TO AGREE THAT " ALL CONTRACTORS AND SUB CONTRACTORS SHALL PAY AT LEAST THE PREVAILING WAGES IN EFFECT IN THE CITY OF MCALESTER ON AUGUST 21, 1951, FOR ALL WORK DONE UNDER THIS CONTRACT ". (2) THAT SAID BOARD OF EDUCATION CAN LEGALLY SPECIFY " A DEFINITE MINIMUM PREVAILING WAGE SCALE " FOR...
OPINION — AG — ** MUNICIPAL JUDGE — SEARCH WARRANT — ISSUANCE ** QUESTION: DOES THE POLICE JUDGE OF THE CITY OF PURCELL HAVE THE AUTHORITY TO ISSUE A SEARCH WARRANT DIRECTING A SEARCH FOR INTOXICATING LIQUOR — NEGATIVE (DISTRICT COURT, CITY ORDINANCE, ISSUANCE) CITE: 12 Ohio St. 1221 [ 12-1221 ], 12 Ohio St. 1224 [ 12-1224 ], 37 Ohio St. 84 [ 37-84 ] [ 37-84 ] (LEWIS A. WALLACE)
OPINION — AG — ** ELECTION — HEARING ON A PETITION ** WHEN PROPERLY REQUESTED, THE BOARD OF COUNTY COMMISSIONERS HAVE THE MANDATORY DUTY TO HOLD A HEARING, AND, IF INDICATED THE THAT THE PROVISIONS AND INTENDMENTS OF THE LAW HAVE BEEN SUFFICIENTLY COMPLIED WITH, TO CALL AN ELECTION MEETING FOR INCORPORATION OF A PROPOSED TOWN. (INCORPORATION, MUNICIPALITY, POPULATION) CITE: 11 Ohio St. 972 [11-972], 11 Ohio St. 975 [11-975] (JAMES P. GARRETT)
OPINION — AG — ** COUNTY AUDIT BUDGET — EXPENDITURES — PURPOSE ** (1) A COUNTY'S HAVING THE BIENNIAL AUDITS REQUIRED BY 19 Ohio St. 171 [ 19-171 ] AND FOLLOWING MADE BY THE STATE EXAMINER AND INSPECTOR'S OFFICE IS A " MANDATORY GOVERNMENTAL FUNCTION — ON WHICH IS 'MANDATORY' OR 'REQUIRED' BY LEGISLATIVE MANDATE " WITHIN THE MEANING OF THOSE TERMS AS USED IN 68 Ohio St. 289 [68-289] ( 68 Ohio St. 2486 [ 68-2486 ] — 68 Ohio St. 2491 [ 68-2491 ]); AND THAT IT IS THE MANDATORY DUTY OF THE COUNTY...
OPINION — AG — ** UNLOAD TRUCKS — COUNTY FUNDS — COMMODITIES ** IT IS NOT " LEGAL FOR THE BOARD OF COUNTY COMMISSIONERS TO FURNISH COUNTY FUNDS TO PAY THE EXPENSES OF UNLOADING WELFARE TRUCKS AND STACKING COMMODITIES FOR THE PUBLIC SCHOOLS OF POTTAWATOMIE ". (EXPENSES, SALARIES, APPROPRIATION OF THESE FUNDS) CITE: 19 Ohio St. 339 [ 19-339 ], 56 Ohio St. 21 [ 56-21 ], OPINION NO. MAY 5, 1951 (J. H. JOHNSON)
OPINION — AG — ** OPERATION OF STATE VEHICLES — TYPE OF DRIVER'S LICENSE ** EMPLOYEES OF THE STATE HIGHWAY DEPARTMENT (STATE DEPARTMENT OF TRANSPORTATION) ARE 'NOT' REQUIRED TO OBTAIN CHAUFFEUR'S LICENSES IN ORDER TO OPERATE STATE OWNED TRUCKS USED IN PERFORMING MAINTENANCE (AND OTHER) OPERATIONS OF THE STATE HIGHWAY DEPARTMENT; THAT IS, UNLESS THEY ARE EMPLOYED FOR THE " PRINCIPAL PURPOSE OF OPERATING A MOTOR VEHICLE. (STATE VEHICLE, DRIVE, OPERATE, USE OF, DRIVER LICENSE, TYPE, STATE...
OPINION — AG — ** INDIGENT — COURT APPOINTED ATTORNEY — FEES ** WE DULY RECEIVED YOUR LETTER . . . LEGISLATURE AMENDING 22 Ohio St. 1271 [ 22-1271 ] BY INCREASING THE MAXIMUM AMOUNT WHICH MAY BE ALLOWED TO AN ATTORNEY APPOINTED TO REPRESENT A PAUPER DEFENDANT FROM $25.00 TO $100.00. YOU STATE THAT A QUESTION HAS ARISEN AS TO WHETHER SUCH COMPENSATION SHOULD BE PAID FROM THE COURT FUND OR FROM THE GENERAL FUND OF THE COUNTY — COURT FUND (COUNTY COMMISSIONERS) CITE: 62 Ohio St. 323 [ 62-323 ],...
OPINION — AG -** BUDGET ACCOUNT — AUTHORIZATION ** (1) SUCH STATUTES WHICH AUTHORIZE ITEMS OF APPROPRIATIONS OF THE COUNTY IN A SUM WHICH DOES NOT EXCEED AN AMOUNT EQUAL TO 90 PERCENT OF THE MISCELLANEOUS REVENUE FROM SOURCES OTHER THAN AD VALOREM TAXATION COLLECTED AND CREDITABLE TO THE SIMILAR ACCOUNT DURING THE PROCEEDING FISCAL YEAR. (2) THE SPECIAL BUDGET ACCOUNTS WITHIN THE GENERAL FUND APPROPRIATION OF THE COUNTY, REQUIRED FOR "CRIPPLED CHILDREN" AND FOR "COUNTY AUDIT", AND AUTHORIZED...
