OPINION — AG — ** COUNTY HIGHWAY FUNDS — ROAD MAINTENANCE — DIVIDING THE FUNDS ** THERE IS NO AUTHORITY FOR DIVIDING FUNDS AVAILABLE FOR ROAD PURPOSES BETWEEN MEMBERS OF A BOARD OF COUNTY COMMISSIONERS OR BETWEEN THE DISTRICTS FROM WHICH SAID COUNTY COMMISSIONERS WERE ELECTED. (DIVIDED ROAD, HIGHWAY FUNDS, SPLIT) CITE: 19 Ohio St. 339 [ 19-339 ], 69 Ohio St. 262 [69-262], OPINION NO. FEBRUARY 25, 1937 — MALCOMM, OPINION NO. AUGUST 4, 1943 — BIGGERS (JAMES P. GARRETT)
OPINION — AG — ** MOTOR VEHICLE — LEASE — COUNTY COMMISSIONERS ** (1) UNDER THE PROVISIONS OF 62 Ohio St. 430 .1 [ 62-430.1 ] (MACHINERY, RENTAL) AND ON THE BASIS OF THE FACTS MENTIONED, THE BOARD OF COUNTY COMMISSIONERS WOULD HAVE THE AUTHORITY TO PASS A RESOLUTION TERMINATING THE LEASE AGREEMENT (FOR A MOTOR VEHICLE) IN QUESTION, AND TO DISCONTINUE THE PAYMENT OF THE UNEARNED RENTALS, SAID RESOLUTION TO BE ENTERED INTO THE COMMISSIONER'S MINUTES, CERTIFYING "THAT THE CONTINUANCE OF SUCH...
OPINION — AG — QUESTION: ARE THE GRAND RIVER DAM AUTHORITY BONDS APPROVED SECURITY TO SECURE DEPOSITS OF PUBLIC FUNDS. WE (STATE TREASURER) HAVE AT THIS TIME SOME OF THESE BONDS, WHICH HAVE BEEN PRESENTED TO THE STATE TREASURER BY A BANK IN MUSKOGEE TO SECURE COUNTY TREASURER'S DEPOSIT AT SAID BANK. WE ARE HOLDING UP THE TRANSACTION PENDING YOUR REPLY — NEGATIVE CITE: 19 Ohio St. 111 [ 19-111 ], 62 Ohio St. 516 .3 [62-516.3], 82 Ohio St. 869 [ 82-869 ], 70 Ohio St. 1510 .8 [ 70-1510.8 ], 11...
OPINION — AG — A BOARD OF EDUCATION OF SAID SCHOOL DISTRICT CAN PROPERLY USE A PART OF THE PROCEEDS OF SAID BUILDING FUND LEVY TO PURCHASE THE LOT (LAND) WHICH THERE IS A HOUSE, IF SAID LOT IS FOUND TO BE NECESSARY AS A SITE FOR THE BUILDING WHICH IS TO BE ERECTED FROM THE PROCEEDS OF SAID BUILDING FUND LEVY. (LEVY, SCHOOL DISTRICT) CITE: ARTICLE X, SECTION 10, 70 Ohio St. 1-20 [70-1-20], OPINION NO. JANUARY 21, 1937 — EDUCATION (J. H. JOHNSON)
OPINION — AG — ** ELECTION BOARD — RE REGISTRATION — FEES ** WHILE PERSONS REFERRED TO BY YOU ARE NOT ENTITLED TO BE PAID WITNESS FEES FOR ATTENDING A HEARING SUCH AS IS MENTIONED BY YOU (REGISTRATION RECORDS — REQUEST FOR), THEY ARE ENTITLED TO BE PAID FOR THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES (PER DIEM, MILEAGE) IN ATTENDING SAID HEARING, AND THAT SAID EXPENSES SHOULD BE PAID FROM AVAILABLE FUNDS IN THE APPROPRIATION OF THE COUNTY FOR " ELECTION EXPENSES " FOR THE FISCAL YEAR ENDING...
OPINION — AG — ** CONSERVANCY DISTRICT — BONDS — VOTERS — ELECTORS ** IN AN ELECTION HELD UNDER THE PROVISIONS OF 82 Ohio St. 636 [ 82-636 ], UPON THE QUESTION OF ISSUING THE BONDS REFERRED TO THEREIN, ANY PERSON WHO IS A DULY QUALIFIED VOTER OF THE CONSERVANCY DISTRICT UNDER THE LAWS OF THE STATE OF OKLAHOMA MAY VOTE ; THAT IT IS NOT NECESSARY THAT SUCH A VOTER BE THE OWNER OF LANDS AGAINST WHICH BENEFIT HAVE BEEN ASSESSED UNDER THE OKLAHOMA CONSERVANCY ACT OR EVEN BE A PROPERTY OWNER (...
OPINION — AG — (1) THE FIFTEEN PERCENT LIMITATION REFERRED TO IN 70 Ohio St. 13-8 [70-13-8] (SCHOOL DISTRICTS WITH PHYSICALLY HANDICAPPED, SPEECH DEFECTIVE AND SLOW LEARNING DISABILITIES, PROGRAMS) SHOULD BE CALCULATED BY TAKING FIFTEEN PERCENT OF THE TOTAL APPROPRIATION MADE BY THE LEGISLATURE FOR THE FISCAL YEAR IN QUESTION FOR THE PURPOSE OF SAID SECTION, WITHOUT FIRST DEDUCTING FROM SAID TOTAL APPROPRIATION ANY ADMINISTRATIVE OR OTHER COSTS. (2) FUNDS PAID BY THE STATE BOARD OF EDUCATION TO...
MONEYS DERIVED FROM THE SALE OF BONDS OR DERIVED FROM TAX LEVIES FOR THE PUBLIC BUILDING FUND OF A POLITICAL SUBDIVISION OF THE STATE MAY NOT BE INVESTED IN REDEEMABLE UNITED STATES BONDS UNDER THE PROVISIONS OF 62 Ohio St. 348 .1 [ 62-348.1 ] (INVEST ANY FUNDS IN THE CUSTODY THE COUNTY TREASURER) CITE: 62 Ohio St. 348 .1 [ 62-348.1 ] (JAMES C. HARKIN)
OPINION — AG — HOUSE BILL NO. 1139 PROVIDES FOR THE ISSUANCE OF A MEDAL TO BE KNOWN AS "THE OKLAHOMA CROSS OF VALOR" TO PERSONS LISTED AS BEING HELD CAPTIVE BY THE ENEMY DURING WORLD WAR II AND/OR KOREAN CONFLICT. SAID BILL ALSO PROVIDES THAT THE GOVERNOR SHALL PROVIDE A METHOD FOR THE ISSUING OF SAID MEDAL. SECT. 3 OF SAID BILL PROVIDES "* * * GOVERNOR IS HEREBY AUTHORIZED TO EXPEND FROM THE GOVERNOR'S CONTINGENCY FUND, ANY MONEYS FOR THE COST OF SAID MEDALS OR BADGES" . . YOU ASK: IS THIS...
OPINION — AG — ** COUNTY LAW LIBRARY — COSTS ** UNDER 19 Ohio St. 178 .1 [ 19-178.1 ], WHICH REQUIRES AN INVENTORY TO BE TAKEN, AND THEREAFTER MAINTAINED, OF ALL EQUIPMENT BELONGING TO THE COUNTY OR LEASED OR OTHERWISE LET TO THE COUNTY AS TO EACH " COMPLETE WORKING UNIT THEREOF " WHICH COST MORE THAN $50.00 — NEED AN OPINION DEALING TO WHETHER EACH LAW BOOK IN THE COUNTY LAW LIBRARY, THE COUNTY JUDGE'S OFFICE AND THE COUNTY ATTORNEY'S OFFICE SHOULD BE CONSIDERED AS A " WORKING UNIT ", OR...
OPINION — AG — ** TRAINING SCHOOL — EXAMINATION — PHYSICIANS ** THE DOCTORS APPOINTED BY THE COURT TO MAKE AN EXAMINATION (PHYSICIAN EXAMINATION OF CHILDREN OR JUVENILES) REQUIRED BY 10 Ohio St. 114 .2 [ 10-114.2 ] SHOULD BE PAID A REASONABLE FEE, AS FIXED BY THE COURT IN THE CASE, AND THAT THE SAME MAY BE PAID FROM THE COURT FUND OF THE COUNTY, OR FROM ANY APPROPRIATION AVAILABLE FOR PAYING THE EXPENSES OF THE JUVENILE COURT. (CLAIMS AGAINST THE COUNTY, MENTALLY ILL, COURT APPOINTED DOCTOR)...
OPINION — AG — ** INTOXICATING LIQUOR — DEFINITION — FELONIOUS ** IS IT NECESSARY THAT THE WORDS " WILFULLY, UNLAWFULLY AND FELONIOUSLY " BE INCORPORATED IN AN INFORMATION CHARGING THE OFFENSE OF OPERATING AN AUTOMOBILE UPON A PUBLIC STREET (HIGHWAY) UNDER THE INFLUENCE OF INTOXICATING LIQUOR UNDER 47 Ohio St. 93 [ 47-93 ] — THE QUESTION IS APPARENTLY MERELY ACADEMIC. SEE: DOOLIN V. STATE, 101 P.2d 271 (DRIVING, OPERATING A MOTOR VEHICLE ALCOHOLIC BEVERAGE) CITE: 22 Ohio St. 401 [ 22-401 ] (...
OPINION — AG — ** INDEBTEDNESS — VALIDITY OF CLAIMS ** TRAVELING EXPENSES FOR COUNTY OFFICERS, DEPUTIES, ETC.; REIMBURSEMENT INFORMATION. CITE: 19 Ohio St. 180 .47 [ 19-180.47 ], 19 Ohio St. 431 [ 19-431 ], 62 Ohio St. 310 .4 [ 62-310.4 ] (FRED HANSEN)
OPINION — AG — ** SCHOOL DISTRICT — UPKEEP OF INSURANCE — ANNEXED DISTRICT ** WHERE A SCHOOL DISTRICT HAVING A SCHOOL BUILDING HAS BEEN ANNEXED TO ANOTHER, THE BOARD OF EDUCATION OF THE ANNEXING DISTRICT MAY REQUIRE ANY NON SCHOOL OR UNOFFICIAL GROUP DESIRING TO USE THE BUILDING TO "PAY THE UPKEEP AND INSURANCE" ON THE BUILDING, AND THAT SAID BOARD OF EDUCATION MAY LEGALLY REFUSE TO PERMIT ANY GROUP OR ORGANIZATION TO USE SUCH BUILDING, IF THE UPKEEP AND INSURANCE IS NOT PAID THEREFOR. (PUBLIC...
OPINION — AG — ** PRISON LABOR — BRICK FREE ** THERE IS NO STATUTORY AUTHORITY FOR THE USE OF CONVICT LABOR, OR FOR THE FURNISHING OF BRICKS " FREE OF CHARGE ", BY THE OKLAHOMA STATE PENITENTIARY (PRISON), FOR THE PURPOSE OF CONSTRUCTING ANY FACILITIES IN STATE PARKS. (CONSTRUCTION — MATERIAL) CITE: 57 Ohio St. 132 [57-132], 57 Ohio St. 161 [ 57-161 ] (J. H. JOHNSON)
OPINION — AG — ** NEPOTISM — COUNTY FREE FAIR BOARD — INTOXICATING LIQUOR ON PREMISES ** (1) THE MEMBERS OF THE BOARD OF DIRECTORS OF A COUNTY FREE FAIR ASSOCIATION ESTABLISHED UNDER THE PROVISIONS OF 2 Ohio St. 104 [2-104](A) — 2 Ohio St. 104 [2-104](M) OR 2 Ohio St. 131 .1 [ 2-131.1 ] THRU 2 Ohio St. 131 .18 [ 2-131.18 ] ARE COUNTY OFFICERS OF THE COUNTY, AND SUCH ARE SUBJECT TO THE PROHIBITIONS CONTAINED IN 21 Ohio St. 481 [ 21-481 ] AGAINST EMPLOYMENT OR APPOINTMENT OF PERSONS BY THIRD...
OPINION — AG — ** MOTOR VEHICLES — IMPOUNDED — CRIMINAL PROSECUTION ** QUESTION: IS IT NECESSARY FOR THE GARAGE, TRIALER PARK OR LOT OWNERS TO REPORT THESE IMPOUNDED (VEHICLE IN HIS POSSESSION OVER THIRTY DAYS) VEHICLES WITH OTHER VEHICLES LEFT ON THEIR LOST FOR MORE THAN THIRTY(30) DAYS, AND FURTHER IF THEIR FAILURE TO DO SO WOULD SUBMIT THEM TO CRIMINAL PROSECUTION UNDER THE PENALTY PROVIDED IN HOUSE BILL NO. 1201 — AFFIRMATIVE (CUSTODY OF IMPOUNDED VEHICLES) CITE: 47 Ohio St. 23 [ 47-23 ](...
OPINION — AG — ** IMPROVEMENTS — STREETS AND ALLEYS ** MONEYS (FUNDS) OUT OF THE STREET AND ALLEY FUND REFERRED IN 11 Ohio St. 75 [11-75] MAY BE EXPENDED FOR THE PURPOSE OF OBTAINING RIGHT OF WAY NECESSARILY INCIDENT TO THE IMPROVEMENT OF A CITY STREET BY THE WIDENING THEREOF. (MUNICIPALITY, HIGHWAY, MOTOR FUEL EXCISE TAX, APPROPRIATE) CITE: 11 Ohio St. 75 [11-75] (RICHARD M. HUFF)
OPINION — AG — ** INCREASE IN SALARY — UNEXPIRED TERM OF OFFICE ** AN OPINION DEALING WITH UNEXPIRED TERMS OF OFFICE OF A COUNTY WITH THE COUNTY COMMISSIONERS FILLING AN VACANCY WHEN A COUNTY OFFICER LEFT FOR MILITARY SERVICE. CITE: ARTICLE XXIII, SECTION 10, 51 Ohio St. 3 [ 51-3 ] (DUTIES OF OFFICE, APPOINTMENT) (JAMES W. BOUNDS)
OPINION — AG — QUESTION: "SHOULD A HIGH SCHOOL BOY (JUVENILE) WHO RESIDES IN A RURAL SCHOOL DISTRICT AND IS TRANSFERRED TO A HIGH SCHOOL DISTRICT REQUIRE THE RURAL DISTRICT TO PAY TRANSPORTATION PER CAPITA COSTS OF A TRANSFER FEE TO THE HIGH SCHOOL DISTRICT WHEN SAID BOY IS PAID TO DRIVE THE BUS FROM THE DEPENDENT SCHOOL DISTRICT TO THE HIGH SCHOOL " — AFFIRMATIVE (EDUCATION PER CAPITA COST IN COMPUTING THE AMOUNT TO BE APPROPRIATED FOR TRANSFER, EMPLOYED) CITE: 70 Ohio St. 8-8 [70-8-8] (J. H....
