** CHILDREN — JAIL WITH PARENTS ** (1) WHERE A PARENT OF MINOR CHILDREN HAS BEEN ARRESTED AND IMPRISONED IN THE COUNTY JAIL UNDER SUCH CIRCUMSTANCES THAT THERE ARE NO NEARBY FRIENDS OR RELATIVES INTO WHOSE CUSTODY SAID CHILDREN MAY BE ENTRUSTED WITH, MAY SAID CHILDREN BE KEPT IN THE JAIL WITH THEIR PARENT, OR IN THE CARE OF THE JAILER (2) IF SO, FROM WHAT FUNDS COULD A MATRON OR OTHER FEMALE ASSISTANCE — IF REQUIRED IN AN APPROPRIATE CASE — BE PAID TO TAKE CARE OF THESE CHILDREN ON THE JAIL...
** COUNTY COMMISSIONERS — STREETS AND ROAD — CITY LIMITS — MAINTENANCE ** IF THE TOWN WHICH YOU DESCRIBE HAS A POPULATION OF LESS THAN 5,000, THE COUNTY COMMISSIONERS ARE AUTHORIZED TO SURFACE AND RESURFACE ROADS DESIGNATED AS SCHOOL BUS ROUTES AND/OR MAIL ROUTES WHICH LIE WITHIN THE LIMITS OF SAID TOWN, AND THIS IS THE CASE WHETHER OR NOT THE CITIZENS OF SAID TOWN FURNISH THE MATERIALS FOR THE DESCRIBED WORK. FURTHER, THE COUNTY COMMISSIONERS ARE AUTHORIZED, UNDER THE DIRECTION OF THE STATE...
** INDUSTRIAL DEVELOPMENT AUTHORITY — EXPENSES — MEALS ** WHEREIN THE ASSOCIATE DIRECTOR LIVES IN WASHINGTON, D.C., AND HAS EXPENSES IN CONNECTION WITH HIS JOB WHICH MIGHT NOT BE TRAVEL. FOR EXAMPLE, IF, IN THE COURSE OF HIS WORK IN WASHINGTON, IT BECAME NECESSARY TO MEET WITH GROUPS OF PEOPLE, PERHAPS BE RESPONSIBLE FOR THEIR LUNCHES AND HAVE EXPENSES OF THAT NATURE, CAN BE RECEIVE UP TO $25.00 A DAY FOR EXPENSES OF THIS TYPE TRAVEL EXPENSES CAN ONLY BE USED FOR TRAVEL EXPENSES ONLY . . . NO...
** BREATHALYZER — PROSECUTIONS ** CAN A BREATHALYZER BE PURCHASED OUT OF THE COURT FUND — NEGATIVE (COURTS, OPERATIONS OF, LAW ENFORCEMENT) CITE: 62 Ohio St. 323 .1 [62-323.1] (HUGH COLLUM)
** VACANCY — HOUSE OF REPRESENTATIVES — LEGISLATURE ** THIS OPINION DEALS WITH THE PROCLAMATION ANNOUNCING THE SPECIAL ELECTION TO FILL THE VACANCY. THIS PROCLAMATION WAS DECLARED VALID. SEE OPINION. CITE: 26 Ohio St. 163 [ 26-163 ], 26 Ohio St. 113 [ 26-113 ], 26 Ohio St. 541 [ 26-541 ] (CHARLES NESBITT)
OPINION — AG — THE PURCHASE OF A BREATHALYZER WITH PAYMENT FROM THE COURT FUND IS NOT AUTHORIZED. CITE: 62 Ohio St. 1961 323.1 [62-323.1], 62 Ohio St. 1961 338 [ 62-338 ] (HUGH COLLUM)
OPINION — AG — THE AERONAUTICS COMMISSION IS AUTHORIZED TO CONSTRUCT THE FOUNTAINHEAD LODGE AIR STRIP WHEN THE MONIES BECOME AVAILABLE, AND THAT SUCH WOULD BE THE CONSTRUCTION OF AN AIRPORT ON BEHALF OF AND IN THE NAME OF THE STATE WITHIN THE PURVIEW OF 3 Ohio St. 1965 Supp., 85 [ 3-85 ](H). HENCE, THE OKLAHOMA AERONAUTICS COMMISSION IS AN ELIGIBLE SPONSOR FOR RECEIVING MATCHING FUNDS FROM THE FEDERAL GOVERNMENT FOR SUCH PURPOSE. (HARVEY H. CODY)
OPINION — AG — THE OKLAHOMA INDUSTRIAL DEVELOPMENT AND PARKS COMMISSION IS NOT AUTHORIZED TO EXPEND ANY PART OF THE FUNDS APPROPRIATED TO IT BY SECTION 7, HOUSE BILL NO. 515, 30TH LEGISLATURE, TO PURCHASE GOVERNOR SEAY'S MANSION AT KINGFISHER, OKLAHOMA, BUT THAT SUCH FUNDS MAY ONLY BE EXPENDED FOR THE RESTORATION OF THE MANSION AND MUSEUM. IT IS THE FURTHER OPINION OF THE ATTORNEY GENERAL THAT THE EXPENDITURE OF ANY STATE FUNDS FOR THE RESTORATION OF NON STATE OWNED PROPERTY IS PROHIBITED BY...
OPINION — AG — QUESTION: "IS THE STATE TREASURER AUTHORIZED BY LAW, TO INVEST FUNDS FROM A SPECIFIC DEPOSITORY ACCOUNT OF ANY STATE AGENCY, BOARD, COMMISSION OR INSTITUTION, ON THEIR REQUEST, IN BONDS OR OTHER SECURITIES OF THE UNITED STATES ", ANSWER: ANSWERED IN THE NEGATIVE. (BURCK BAILEY)
OPINION — AG — THE DIRECTOR OF STATE FINANCE IS A PUBLIC OFFICER WITHIN THE PURVIEW OF ARTICLE V , SECTION 23 OF THE OKLAHOMA CONSTITUTION, AND, ALTHOUGH SAID PROVISION RENDERS MEMBER OF THE OKLAHOMA LEGISLATURE INELIGIBLE FOR APPOINTMENT TO SAID OFFICE DURING THE LEGISLATIVE TERM FOR WHICH THEY WERE ELECTED, SUCH INELIGIBILITY EXPIRES WITH SUCH LEGISLATIVE TERM; AND YOU ARE AUTHORIZED TO APPROVE THE PAYMENT OF SALARY TO MR. CARL WILLIAMS, THE PRESENT DIRECTOR OF STATE FINANCE, NOTWITHSTANDING...
OPINION — AG — (1) THE FILING OF A JOURNAL ENTRY OF JUDGEMENT IN A COUNTY OTHER THAN THE ONE IN WHICH IT WAS RENDERED IS BUT A CONTINUANCE OF THE CAUSE OF ACTION ORIGINATING IN THE FIRST COUNTY AND IS NOT A "PROCEEDING" WITHIN THE TERMS OF 19 Ohio St. 1961 813 [ 19-813 ] OR 62 Ohio St. 1961 337.2 [62-337.2] AND THE COSTS IMPOSED THEREBY CANNOT BE COLLECTED. (2) YOU INQUIRE AS TO THE APPLICABILITY OF THE FEES SET FORTH IN 20 Ohio St. 1961 110 [ 20-110 ], 20 Ohio St. 1961 111 [ 20-111 ], 20 Ohio...
KEY WORDS: JUNK AND/OR SALVAGE YARDS/SCREENED FROM VIEW/PLANTING OF SCREENING TYPE SHRUBBERY OF EQUAL HEIGHT APPROVED BY THE STATE HIGHWAY COMMISSION/GUILTY OF A MISDEMEANOR ANSWER: HOUSE BILL NO. 654 OF THE 30TH OF THE OKLAHOMA LEGISLATURE, AS SAME APPLIES TO EXISTING JUNK OR SALVAGE YARDS, IS UNCONSTITUTIONAL.
OPINION — AG — QUESTION 1: ARE THESE ENACTMENTS CONSTITUTIONAL, WITH SPECIFIC REGARD TO THE AUTHORITY OF THE LEGISLATURE TO LOAN THE MONEY OF THE VARIOUS COURT FUNDS TO A STATE REVOLVING FUND — YES, IT IS CONSTITUTIONAL. QUESTION 2: WOULD A COURT CLERK WHO FOLLOWS THE DIRECTIONS OF THESE ACTS AND MAKES SUCH PAYMENTS FROM THE COURT FUND BE PERSONALLY LIABLE FOR AN UNLAWFUL EXPENDITURE OF PUBLIC FUNDS — A COURT CLERK WHO COMPLIES WITH THE PROVISIONS OF SAID ACTS WOULD NOT BE MAKING AN UNLAWFUL...
OPINION — AG — HOUSE BILL NO. 1001 AND ASK IN EFFECT IF SECTIONS 2 AND 3 OF SAID BILL RENDER SAME UNCONSTITUTIONAL ANSWER: * * * NO PERSON, CO PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL OWNED OR OPERATE A PHARMACY BEFORE FIRST OBTAINING A LICENSE FOR SUCH PURPOSE. THE * * * BOARD * * * SHALL ISSUE NO LICENSE FOR THE OPERATION OF A PHARMACY EXCEPT UNDER THE FOLLOWING CONDITIONS. ANSWER: IF THE BILL IS AMENDED SO AS TO HAVE SUCH EFFECT THAT THE SAME WOULD BE UNCONSTITUTIONAL IF ENACTED. CITE:...
OPINION — AG — MONEY RECEIVED AND PAID OUT BY THE COURT CLERK AS A RESULT OF PARTITION PROCEEDINGS CONDUCTED IN ACCORDANCE WITH STATUTE IS SUBJECT TO THE 1% POUNDAGE FEE. CITE: 28 Ohio St. 1961 31 [ 28-31 ], 58 Ohio St. 1961 648 [58-648], 12 Ohio St. 1961 1501-1516 [ 12-1501 ] — [ 12-1516 ] (BRUCK BAILEY)
OPINION — AG — THE REPEAL OF 74 Ohio St. 1961 351 [ 74-351 ] DID NOT HAVE THE EFFECT OF REPEALING ANY OTHER SECTION OR SECTIONS OF THE STATUTES, SUCH AS 74 Ohio St. 1961 351 [ 74-351 ](C), 74 Ohio St. 1961 351 [ 74-351 ](H), 74 Ohio St. 1971 351 [ 74-351 ](B) CITE: 74 Ohio St. 1961 344.22 [ 74-344.22 ], 74 Ohio St. 1961 344.24 [ 74-344.24 ] ETC. (HARVEY CODY)
OPINION — AG — (1) A COUNTY ATTORNEY MAY HAVE SUCH INVESTIGATORS AND/OR EVIDENCE MEN AS HE MAY PROPOSE AND ESTABLISH THE NEED OF AND THE COUNTY COMMISSIONERS WILL APPROVE. (2) THE INVESTIGATOR MAY PERFORM ANY DUTIES DIRECTED TO BE PERFORMED BY THE DISTRICT ATTORNEY, SUBJECT ONLY TO THE LIMITATIONS THAT THEY BE GERMANE TO THE DUTIES OF THE DISTRICT ATTORNEY AND NOT OTHERWISE PROHIBITED BY LAW. (3) THE TERM "PEACE OFFICER" IS DEFINED IN 21 Ohio St. 1961 99 [ 21-99 ] AS INCLUDING "ANY SHERIFF,...
OPINION — AG — (1) IF A BILL CONTAINING THE EMERGENCY CLAUSE IS VETOED BY THE GOVERNOR, A THREE FOURTH VOTE OF EACH HOUSE IS REQUIRED TO PASS SAME NOTWITHSTANDING THE VETO. (2) WHEN THE RESPECTIVE HOUSES OF THE LEGISLATURE PASS A BILL WHICH INCLUDES THE EMERGENCY CLAUSE IT BECOMES AN INTEGRATED WHOLE, AN EMERGENCY MEASURE WITHIN THE MEANING OF ARTICLE V, SECTION 58. UPON RECONSIDERATION OF SUCH BILL AFTER VETO BY THE GOVERNOR IT MUST BE VOTED ON AS A WHOLE, NOT "PIECEMEAL"; ANY PURPORTED...
OPINION — AG — (1) ANY DAY THE SENATE SITS SOLEY AS A COURT OF IMPEACHMENT MAY NOT BE CONSIDERED A "LEGISLATIVE DAY" AS FAR AS MEMBERS OF THE SENATE ARE CONCERNED. HOWEVER, IF DURING ANY DAY THAT THE SENATE IS SITTING IN ITS JUDICIAL CAPACITY, IT RECONVENES AS A SENATE FOR THE PURPOSE OF CONDUCTING LEGISLATIVE BUSINESS, SUCH DAY MUST BE CONSIDERED A "LEGISLATIVE DAY" REGARDLESS OF THE LENGTH OF TIME SPENT AS A LEGISLATIVE BODY DURING SAID DAY. (2) THE FACT THAT THE HOUSE OF REPRESENTATIVES...
OPINION — AG — THE INSTALLATION OF TELEVISION CAMERAS IN A COUNTY JAIL WOULD NOT VIOLATE ARTICLE II , SECTION 9 OF THE OKLAHOMA CONSTITUTION. WHETHER OR NOT 57 Ohio St. 1961 9 [ 57-9 ] WOULD BE VIOLATED BY THE INSTALLATION OF TELEVISION CAMERAS IN COUNTY JAILS WOULD DEPEND UPON THE FACTS IN EACH CASE. VERY BRIGHT LIGHTS IN A COUNTY JAIL COULD, UNDER SOME CIRCUMSTANCES, CONSTITUTE CRUEL AND INHUMAN TREATMENT. SINCE THERE ARE NO STATUTES IN OKLAHOMA ON THIS SUBJECT, APPROPRIATE RULES COULD BE...
