OPINION — AG — ** MUNICIPALITY — CONTRACT — BOND ISSUE ** QUESTION(1): CAN A CITY COUNCIL OPERATING UNDER THE STATUTES OF OKLAHOMA IN CONDUCTING THEIR BUSINESS, MAKE AND EXECUTE A VALID AND BINDING CONTRACT FOR THE PURCHASE OF REAL ESTATE UPON FIXED TERMS, CONDITIONED UPON THE PASSAGE OF A BOND ISSUE TO RAISE THE FUNDS; IF THE BOND ISSUE SUCCEEDS THE CITY IS BOUND; IF THE BOND FAILS, THE CONTRACT TO BE NULL AND VOID — THE AG CANNOT ANSWER THIS QUESTION, QUESTION(2): WOULD YOU ADVISE ME...
OPINION — AG — YOU ASK: CAN OR CANNOT THE EMPLOYMENT SECURITY COMMISSION IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, WHICH WOULD AMEND AN AGREEMENT ENTERED INTO BETWEEN THE COMMISSION AND THE SECRETARY OF LABOR (TITLE XV, EX SERVICEMEN UNEMPLOYMENT COMPENSATION ACT) CITE: 40 O.S.H. 233, 62 O.S.H. 74, 74 O.S.H. 361 (JAMES C. HARKIN)
OPINION — AG — ** ALCOHOLIC BEVERAGE — STAMP TAX — CONSTITUTIONALITY ** QUESTION: IF HOUSE BILL NO. 605 WHICH IN PART PROVIDES FOR, "FROM AND AFTER THE EFFECTIVE DAY OF THIS ACT IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION, WITHIN THIS STATE TO PROCURE FROM THE UNITED STATES GOVERNMENT ANY STAMP EVIDENCING PAYMENT OF THE UNITED STATES GOVERNMENT SPECIAL TAX ON RETAIL AND/OR WHOLESALE DEALERS IN DISTILLED SPIRITS" . . . IS IT CONSTITUTIONAL — NEGATIVE (LIQUOR, TAX) CITE: 37 Ohio St....
OPINION — AG — THE STATE BOARD OF EDUCATION CAN REPLACE, FOR A SCHOOL DISTRICT SHIPPING TEXTBOOKS FOR REPAIR OR REBINDING TO THE STATE BINDERY MAINTAINED BY THE STATE BOARD OF EDUCATION AT MCALESTER, OKLAHOMA, TEXTBOOKS SHIPPED THERETO AND NOT RETURNED OR ACCOUNTED FOR TO THE SCHOOL DISTRICT, SUBJECT TO THE STATUTORY LIMITATIONS AS TO AMOUNT THAT CAN BE USED FOR SUCH PURPOSE. CITE: 70 O.S.H. 16-13 (LIABLE FOR LOSS) (J. H. JOHNSON)
OPINION — AG — QUESTION: ' WOULD YOU KINDLL GIVE ME A FORMAL OPINION AS TO THE PROCEDURE TO BE FOLLOWED IN CHANGING THE NAME OF COAL COUNTY TO ANOTHER NAME. THERE WOULD BE NO OTHER CHANGES IN THE COUNTY WITH REGARDS TO BOUNDARIES AND OFFICIAL APPEARANCE — THE NAME OF COAL COUNTY MAY NOT BE CHANGED " TO ANOTHER NAME " EXCEPT BY VIRTUE OF A CONSTITUTIONAL AMENDMENT EITHER BY INITIATIVE PETITION OR BY THE LEGISLATURE, WHICH AMENDMENT IS APPROVED BY VOTE OF THE PEOPLE. CITE: ARTICLE XVII, SECTION...
OPINION — AG — SINCE THE JUSTICE OF THE PEACE DISTRICT OF ATOKA COUNTY, WHICH COMPRISED OF THE CITY OF ATOKA IS ENTITLED TO TWO JUSTICES OF THE PEACE AND TWO CONSTABLES, AND SINCE SAID DISTRICT NOW HAS ONLY ONE JUSTICE OF THE PEACE AND ONE CONSTABLE, THE BOARD OF COUNTY COMMISSIONERS OF ATOKA COUNTY IS NOT AUTHORIZED TO APPOINT A SECOND JUSTICE OF THE PEACE AND CONSTABLE, IN OUR OPINION, SHOULD BE NOMINATED AND ELECTED IN THE MANNER SET FORTH IN THE WINTER'S OPINION. CITE: OPINION NO. MARCH 15,...
OPINION — AG — A MARRIED CHILD OF SCHOOL AGE IS ENTITLED TO ATTEND SCHOOL IN HIS OR HER DISTRICT AND IS ENTITLED TO THE SAME (EXTRA CURRICULAR AND OTHER) PRIVILEGES OTHER PUPILS OF THE SCHOOL HAVE; AND THAT A BOARD OF EDUCATION CANNOT LEGALLY ADOPT A POLICY WHICH WOULD " PROHIBIT A MARRIED STUDENT FROM PARTICIPATING IN EXTRA CURRICULAR ACTIVITIES SUCH AS; BAND, VOCAL MUSIC, ATHLETICS, CLASS PARTIES, CLASS PLAYS, CLASS OFFICERS, JUNIOR AND SENIOR PROM AND CLASS BANQUET " CITE: 70 O.S.H. 4-22,...
OPINION — AG — *** MEMORANDUM *** ON THE QUESTION AS TO WHETHER OR NOT THE CONSTITUTION OF OKLAHOMA REQUIRES THAT THE VOTE OF MEMBERS OF THE HOUSE OR SENATE OF THE OKLAHOMA LEGISLATURE ON AN EMERGENCY CLAUSE OF A LEGISLATIVE MEASURE BE SET FORTH IN THE JOURNALS THEREOF, ARTICLE V, SECTION 30, ARTICLE V, SECTION 31, ARTICLE V, SECTION 34 (FRED HANSEN)
OPINION — AG — QUESTION: MAY A COUNTY OFFICER LAWFULLY ENTER INTO A CONTRACT OF LEASE RENTAL OF BOOKKEEPING OR ACCOUNTING MACHINES PROVIDING FOR PAYMENT OF RENTALS ON A MONTHLY BASIS, WITH THE FURTHER PROVISION THAT WHEN RENTALS ARE PAID IN AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH MACHINE, TITLE THERETO WILL VEST IN THE COUNTY AT THE OPTION OF THE CONTRACTING OFFICER — MAY NOT BE LAWFULLY ENTERED INTO. CITE: 19 O.S.H. 1, 62 O.S.H. 310.1, ARTICLE X, SECTION 23, 62 O.S.H. 430.1 (FRED HANSEN)
OPINION — AG — QUESTION: IF INDEPENDENT CANDIDATES ARE ENTITLED UNDER THE LAWS OF THIS STATE " TO HAVE WATCHERS OF THEIR CHOICE IN THE PRECINCTS DURING THE NOVEMBER 4, GENERAL ELECTION — NEGATIVE CITE: 26 O.S.H. 256 (CHALLENGER, APPOINTED), 26 O.S.H. 369 (FRED HANSEN)
OPINION — AG — THE STATE ELECTION BOARD SHOULD NOT " ORDER A RECOUNT OF THE BALLOTS OF THE COUNTY INVOLVED " BUT SHOULD DISMISS THE PETITION REFERRED TO (PETITION SEEKING A RECOUNT) IN YOUR LETTER. WE ARE OF THE FURTHER OPINION THAT THE STATE ELECTION BOARD SHOULD CERTIFY THE RESULTS OF THE ELECTION INVOLVED TO THE HOUSE OF REPRESENTATIVES, THE SAME AS IF NO PETITION FOR A RECOUNT HAS BEEN FILED. WHETHER OR NOT SAID PETITIONER WILL ASK THE HOUSE FOR A RECOUNT OR FOR SOME OTHER FORM OF RELIEF IS...
OPINION — AG — QUESTION: CAN THE STATE INDUSTRIAL COMMISSION MAKE A NOMINAL CHARGE FOR COPIES FURNISHED, SUCH CHARGES TO COVER THE COST OF SUPPLIES AND MACHINE MAINTENANCE; AND IF SUCH CHARGES (FOR COPIES OF PERTINENT RECORDS OF THE COMMISSION) CAN BE MADE, CAN THE MONEY RECEIVED THEREFROM BE PLACED IN A PETTY CASH FUND UNDER THE CONTROL OF THE COMMISSION AND USED SPECIFICALLY FOR THE REPLACEMENT OF MATERIAL AND SUPPLIES USED IN MAKING SUCH COPIES AND MACHINE MAINTENANCE — NEGATIVE CITE: 85 O....
OPINION — AG — THE AG DOES NOT MEAN TO HOLD A LEASE PURCHASE CONTRACT CANNOT BE LAWFULLY ENTERED INTO IF THE MONTHLY INSTALLMENTS DUE THEREUNDER ARE ALL PAYABLE DURING THE FISCAL YEAR THE CONTRACTS IS ENTERED INTO AND THERE WAS THEN SUFFICIENT FUNDS APPROPRIATED OR AVAILABLE TO PAY THE SAME. CITE: 74 O.S.H. 64, ARTICLE X, SECTION 23 (FRED HANSEN)
OPINION — AG — IN THE FACT SITUATION HEREINABOVE OUTLINED, INDEPENDENT SCHOOL DISTRICT NO. 14 OF JEFFERSON COUNTY, OKLAHOMA, IS NOT ENTITLED TO RECEIVE ANY PART OF THE PROCEEDS OF THE SALE, BY THE BOARD OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT 5 OF LOVE COUNTY, OKLAHOMA, OF BUILDINGS ACQUIRED BY SAID DISTRICT I-5 UPON THE ANNEXATION OF ALL OF THE TERRITORY COMPRISING INDEPENDENT SCHOOL DISTRICT 2 OF LOVE COUNTY, TO SAID DISTRICT I-5; AND THAT, SINCE SUCH BUILDING WERE NOT ACQUIRED BY SAID...
OPINION — AG — AS TO SALARIES DUE UNDER SAID 1949 UNIFORM COUNTY SALARY ACT AS AMENDED, IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN 19 O.S.H. 179.12(B) AND THE OPINION EXPRESSED AS TO SALARIES DUE UNDER SAID 1957 ACT IS SUBJECT ONLY TO SAID TERMS AND CONDITIONS BUT TO THE TERMS AND CONDITIONS SET FORTH IN 19 O.S.H. 180.42(I) CITE: OPINION NO. JULY 28, 1958 — JENNER, ARTICLE X, SECTION 23 (FRED HANSEN)
OPINION — AG — CHANGE IN CITY WARD LINES RESULTING IN TWO MEMBERS OF SCHOOL BOARD (IN WHICH CITY IS LOCATED) LIVING IN SAME WARD DOES NOT OPERATE TO VACATE OFFICE OF MOVING FORM WARD BECOMES DISQUALIFIED AS BOARD MEMBER. 70 O.S.H. 4-7
OPINION — AG — THE $50,000 BOND REQUIRED BY 62 O.S.H. 74, OF THE STATE TREASURER, AS THE " OFFICIAL DEPOSITORY " FOR ALL MONEYS AND FUNDS THAT MAY BE RECEIVED BY ANY STATE OFFICER, BOARD OR COMMISSION, OR ANY EMPLOYEE OF ANY SUCH OFFICER, BOARD OR COMMISSION, " BY VIRTUE OR UNDER COLOR OF OFFICE " APPLIES TO ALL OF THE MONEYS PAID BY THE UNITED STATES TO THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION UNDER THE AGREEMENTS INVOLVED IN THE MENTIONED OPINIONS OF THE AG OFFICE (OPINION NO. SEPTEMBER 27,...
OPINION — AG — A CLAIM MAY NOT BE LAWFULLY BE ALLOWED WHICH WOULD REIMBURSE A DEPUTY COUNTY ASSESSOR FOR ATTENDING A MEETING OF THE NATIONAL ASSOCIATION OF ASSESSING OFFICERS (EITHER WITHIN OR WITHOUT THE STATE) CITE: 68 O.S.H. 15, 68 O.S.H. 16, 68 O.S.H. 17, 68 O.S.H. 18, 68 O.S.H. 19, OPINION NO. JULY 19, 1957 — EXAMINER AND INSPECTOR (JAMES GARRETT)
OPINION — AG — LEGISLATION REQUIRING A TELEPHONE COMPANY OPERATING A DIAL SERVICE TO EMPLOY UNNEEDED PERSONNEL IN CONNECTION THEREWITH WOULD BE INVALID (MUST HIRE MINIMUM NUMBER OF PERSONS TO OPERATE THE TELEPHONE SYSTEM) CITE: 17 O.S.H. 131, ARTICLE IX, SECTION 2 (J. H. JOHNSON)
OPINION — AG — MR. MARVIN GUINN, APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE . . . . . TERM EXPIRED . . . . . MR. HOWARD TO SUCCEED R. GUINN . . . . OUSTED MR. GUNNING OF SAID BOARD . . . SUPREME COURT DECISION . . . IS MR. QUINN STILL A MEMBER OF SOIL CONSERVATION BOARD — NEGATIVE CITE: 2 O.S.H. 804 (FRED HANSEN)