** CONFLICT OF INTEREST — BOARD OF COUNTY COMMISSIONERS ** QUESTION: IF A COUNTY BOARD ADVERTISES A COUNTY ROAD PROJECT TO BE LET THE LOWEST AND BEST BIDDER, AND A BROTHER OF ONE OF THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS IS THE LOWEST AND BEST BIDDER, WILL IT BE UNLAWFUL FOR THE BOARD TO AWARD SAID PROJECT TO THE SAID BROTHER AND, UPON COMPLETION OF SAID PROJECT, PAY HIM THE AMOUNT OF SAID BID OUT OF AVAILABLE COUNTY FUNDS — NEGATIVE (NEPOTISM) (FRED HANSEN)
** PER DIEM EXPENSES — TRAVELING — SCHOOL ADMINISTRATORS ** TRAVEL EXPENSES (INCLUDING MILEAGE, PER DIEM AND SUBSISTENCE) WHICH IS REIMBURSABLE PURSUANT TO 74 Ohio St. 500 .1 [ 74-500.1 ] ET SEQ., INCLUDES ANY TRAVEL WHICH IS "ESSENTIAL TO THE TRANSACTION OF OFFICIAL STATE BUSINESS", AND WHICH IS "APPROVED FOR PAYMENT" BY THE APPROPRIATE STATE OFFICER OR BOARD AUTHORIZED BY STATUTE TO APPROVE TRAVEL CLAIMS. FOR EMPLOYEES STATIONED AT THE SEAT OF GOVERNMENT IN OKLAHOMA, TRAVEL NORMALLY WILL...
** WRIT OF HABEAS CORPUS — COSTS — FEES ** ARE WE OBLIGATED BY THE STATUTES TO PAY COURT COSTS OF CASES WHEN A WRIT HAS BEEN FILED BY PRISONERS, AS THIS CASE OF COLTHORP (THIS CASE THE PRISONER WAS SUCCESSFUL IN HIS WRIT OF HABEAS CORPUS) CITE: 22 Ohio St. 1277 [ 22-1277 ] (JACK A. SWIDENSKY)
OPINION — AG — THE COUNTY TREASURER OF PAWNEE COUNTY SHOULD ISSUE A DUPLICATE WARRANT AND THE DEPARTMENT OF PUBLIC WELFARE NEED NOT ISSUE AN INDEMNIFYING BOND OF THE TYPE PRESCRIBED BY 62 Ohio St. 1961 555 [ 62-555 ] CITE: 51 Ohio St. 1961 121 [ 51-121 ] (JOSEPH MUSKRAT) VOUCHER, SURETY BOND, STATE AGENCY 62 Ohio St. 555 [ 62-555 ]
OPINION — AG — A SKI BELT DOES NOT MEET THE REQUIREMENTS OF 63 Ohio St. 1961 805 [ 63-805 ](F) UNLESS IT MEETS THE OBJECTIVE STANDARDS FOR BUOYANT LIVE PRESERVER DEVICES AS ESTABLISHED BY THE UNITED STATES COAST GUARD AND ADOPTED BY THE OKLAHOMA PLANNING AND RESOURCES BOARD. (HARVEY CODY)
OPINION — AG — ALL VOTERS POSSESSING THE QUALIFICATIONS PROSCRIBED IN ARTICLE III, SECTION 1, ARTICLE III , SECTION 4(A) OF THE OKLAHOMA CONSTITUTION, MAY VOTE IN A CITY ELECTION CALLED ON THE QUESTION OF AIDING IN THE PLANNING, UNDERTAKING OR CARRYING OUT OF A URBAN RENEWAL PROJECT, ASSUMING THAT THE DEBT TO BE CREATED IS NOT IN EXCESS OF THE 5 PERCENT LIMITATIONS CONTAINED IN ARTICLE X, SECTION 26 OF THE CONSTITUTION. CITE: 11 Ohio St. 1961 1601-1620 [11-1601] — [11-1620], 11 Ohio St. 1961...
OPINION — AG — THE OPERATOR'S OR CHAUFFEUR'S LICENSE REFERRED TO IN 47 Ohio St. 1961 6-204 [ 47-6-204 ](A) INCLUDE SUCH LICENSE ISSUED BY ANOTHER STATE. CITE: 47 Ohio St. 1961 6-294 [47-6-294](A) (HUGH COLLUM)
OPINION — AG — SHOULD THE BOARD OF COUNTY COMMISSIONERS OF OKMULGEE COUNTY DETERMINE THAT IT IS NO LONGER NECESSARY TO CONSTRUCT A BRIDGE ACROSS GREASY CREEK TO PROVIDE A WAY OF ACCESS FROM THE BEELINE TO THE PHILLIPS REFINERY, THEY MAY USE ROAD AND BRIDGE BOND PROCEEDS WHICH WOULD OTHERWISE BE SPENT ON SUCH BRIDGE TO BUILD A ROAD FROM THE BEELINE TO THE PHILLIPS REFINERY. CITE: 69 Ohio St. 1961 164 [69-164] 69 Ohio St. 1961 161 [69-161], ARTICLE X, SECTION 26 (JAMES FUNSON)
OPINION — AG — THE TIME SPENT BY AN INMATE OF A PENAL INSTITUTION AS DESCRIBED BY YOU IN A MENTAL INSTITUTION FOR OBSERVATION WHILE HE WAS IN THE CUSTODY OF A COUNTY SHERIFF SHOULD BE COUNTED AS PART OF THE "JAIL TERM, IF ANY, SERVED PRIOR TO BEING RECEIVED AT THAT PENAL INSTITUTION" WHEN DURING THE INMATE'S STAY IN THE MENTAL INSTITUTION HE REMAINED IN THE ACTUAL OR CONSTRUCTIVE CUSTODY OF THE SHERIFF. CITE: 57 Ohio St. 1961 138 [ 57-138 ] (HUGH COLLUM)
OPINION — AG — (1) DO THE WORDS, `SUCCESSIVE FOUR YEAR PERIOD BEGINNING JANUARY 1, 1957' MEAN ONLY PERIODS THAT COMMENCE EVERY FOUR YEARS, SUCH AS JANUARY 1, 1961, ETC., OR DO THESE WORDS INDICATE THAT A NEW FOUR YEAR PERIOD COMMENCES ON JANUARY 1 OF EACH YEAR FROM 1957 THEREAFTER ** SEE 26 Ohio St. 1961 103.10 [ 26-103.10 ] (2)IT WILL BE NOTED THAT THE LEGISLATURE FAILED TO STATE IN EITHER 26 Ohio St. 1961 103.10 [ 26-103.10 ] OR IN ANY PROVISIONS OF 26 Ohio St. 1961 103.1-103.22 [ 26-103.1 ]...
OPINION — AG — (DEPLETION MANAGEMENT AND SALE FUND) THE COMMISSIONERS OF THE LAND OFFICE MAY, IN THE EXERCISE OF THEIR DISCRETION, INVEST IDLE FUNDS CREDITED TO THE DEPLETION, MANAGEMENT, AND SALE FUND IN A 90 DAY UNITED STATES TREASURY BILLS. CITE: 64 Ohio St. 1961 87 [ 64-87 ](A), ARTICLE VI, SECTION 32 (BURCK BAILEY)
OPINION — AG — THE OFFICERS CHARGED WITH THE DUTY OF FILLING THE JURY WHEEL SHOULD PLACE THEREIN THE NAMES OF ALL PERSONS SHOWN ON THE ASSESSMENT LISTS IN THE TAX ASSESSOR'S OFFICE, EXCEPT THOSE KNOWN BY SAID OFFICERS TO BE DISQUALIFIED FOR JURY SERVICE. DEFINING "QUALIFIED JUROR". CITE: ARTICLE III, SECTION 1, 38 Ohio St. 1961 28 [ 38-28 ] 38 Ohio St. 1961 18 [ 38-18 ], 38 Ohio St. 1961 19 [ 38-19 ] (W. J. MONROE)
OPINION — AG — A MEMBER OF THE STATE LEGISLATURE (SENATOR OR REPRESENTATIVE) CANNOT ACCEPT APPOINTMENT TO AND ENTER UPON THE DUTIES OF THE OFFICE OF CITY OR TOWN ATTORNEY (LAWYER, COUNSEL) WITHOUT VACATING HIS OFFICE AS LEGISLATOR. (DUAL OFFICE HOLDING) CITE: 11 Ohio St. 1961 1002 [11-1002], 62 Ohio St. 1961 541 [ 62-541 ], 34 Ohio St. 1961 51 [ 34-51 ] 11 Ohio St. 1961 962.20 [11-962.20], 11 Ohio St. 1961 961.19 [11-961.19], 11 Ohio St. 1961 541 [11-541](G), 51 Ohio St. 1961 6 [ 51-6 ] (JAMES...
OPINION — AG — IF A SCHOOL DISTRICT, BY A MAJORITY VOTE, ELECTS TO BE SUPERVISED BY A COUNTY SUPERINTENDENT OF A COUNTY IN WHICH PART OF THE TERRITORY OF THE SCHOOL DISTRICT IS LOCATED, SUCH SCHOOL DISTRICT WOULD BECOME A FISCAL PART OF SAID COUNTY AND WOULD PARTICIPATE IN ITS COUNTY APPORTIONMENTS. CITE: 68 Ohio St. 1961 827 [68-827], 47 Ohio St. 1961 866 [47-866], 68 Ohio St. 1961 1181 [68-1181], 70 Ohio St. 1961 4-5 [70-4-5], 70 Ohio St. 1961 4-41 [70-4-41], 70 Ohio St. 1961 4-42 [70-4-42], (...
OPINION — AG — ANY MONIES IN THE 1961 BOND SINKING FUND IN EXCESS OF THE ABOVE STATED AMOUNT MAY, BY APPROPRIATE RESOLUTION OF THE OKLAHOMA BUILDING BONDS COMMISSION, BE TRANSFERRED TO THE GENERAL REVENUE FUND IN THE STATE TREASURY. CITE: 68 Ohio St. 1951 586 [68-586](A), 62 Ohio St. 1961 57.33 [ 62-57.33 ] (JAMES FUSON)
OPINION — AG — SAID COUNTY MAY ELECT NOT TO USE ANY PORTION OF ITS FISCAL YEAR BALANCE OF SAID "20 PERCENT MONIES" IN EXCESS OF ITS SINKING FUND REQUIREMENTS ON SAID MONEYS, AND ELECT TO FORFEIT SUCH PORTION TO THE HIGHWAY COMMISSION BEFORE THE EXPIRATION OF THE 12 MONTH PERIOD. CITE: OPINION NO. 63-313, 47 Ohio St. 1961 22.2 [ 47-22.2 ](E), 47 Ohio St. 1963 Supp., 22.2 [ 47-22.2 ](E) (COST FOR RIGHT OF WAY ERRONEOUSLY PAID FROM THE STATE HIGHWAY CONSTRUCTION AND MAINTENANCE FUND RATHER THAN...
OPINION — AG — THE OKLAHOMA BOARD OF ACCOUNTANCY IS WITHOUT AUTHORITY TO REVOKE THE LICENSE OF A LICENSEE FOR THE SOLE REASON THAT HE HAS VIOLATED A RULE OR REGULATION OF THE BOARD. THIS BEING TRUE IT IS NOT NECESSARY TO DETERMINE HERE WHETHER OR NOT THE RULES AND REGULATIONS REFERRED TO BY YOU, ARE VALID AND ENFORCEABLE UNDER THE PROVISIONS OF 75 Ohio St. 1961 251-257 [ 75-251 ] — [ 75-257 ]AND/OR 75 Ohio St. 1963 Supp., 301-325 [ 75-301 ] — [ 75-325 ], THE ATTORNEY GENERAL IS OF THE OPINION...
OPINION — AG — QUESTION: "IT IS LAWFUL FOR A COUNTY TO EMPLOY A JAILER WHOSE SISTER IS THE WIFE OF THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF SAID COUNTY " — AFFIRMATIVE CITE: 21 Ohio St. 1961 481 [ 21-481 ], 21 Ohio St. 1961 483 [ 21-483 ], 19 Ohio St. 1961 180.61 [ 19-180.61 ], 19 Ohio St. 1961 180.65 [ 19-180.65 ] (W. J. MONROE)
OPINION — AG — THE EXPENSES OF CONDUCTING THE ELECTION OF JUNE 30, 1964 TO FILL SAID VACANCY IN THE OFFICE OF COUNTY COMMISSIONER OF OKLAHOMA COUNTY, SHOULD BE BORNE BY OKLAHOMA COUNTY. (STATE ELECTION BOARD, ELECTION TO FILL VACANCY) CITE: 19 Ohio St. 1961 361 [ 19-361 ], 19 Ohio St. 1961 362 [ 19-362 ], 19 Ohio St. 1961 363 [ 19-363 ], 19 Ohio St. 1961 364 [ 19-364 ] 26 Ohio St. 1961 551 [ 26-551 ], 26 Ohio St. 1961 555 [ 26-555 ] (FRED HANSEN)
OPINION — AG — FIRST COUSINS ARE NOT RELATED WITHIN THE THIRD DEGREE WITHIN THE PROHIBITION SET FORTH IN THE" NEPOTISM" LAWS OF OKLAHOMA, SAME BEING 21 Ohio St. 1961 , 481-487 [ 21-481 — [ 21-487 ] CITE: 84 Ohio St. 1961 221 [ 84-221 ] /OPINION NO. 1930 (NOVEMBER 19, 1930) (FRED HANSEN)
