** BUILDING FUND LEVY — JURISDICTIONAL — SCHOOL BOARD ** QUESTION: CAN AN INDEPENDENT SCHOOL DISTRICT IN A CITY OF THE FIRST CLASS, BE AUTHORIZED TO EXPEND MONEYS DERIVED FROM A "BUILDING LEVY OR FROM A CONSTRUCTION BOND ISSUE" TO BUILD A "FOOTBALL STADIUM" TO BE "SITUATED WITHOUT THE LIMITS OF SAID SCHOOL DISTRICT" — NEGATIVE (PUBLIC BUILDING, MUNICIPAL LIMITS, CORPORATE LIMITS, BOUNDARIES, RECREATIONAL FACILITIES, BLEACHERS, FOOTBALL FIELD, IMPROVEMENTS) CITE: 68 Ohio St. 281 [ 68-281 ](B),...
UNUSED COST IN ONE CASE MAY NOT BE TRANSFERRED TO ANOTHER IN WHICH COST DEPOSIT HAS BEEN OVERDRAWN, FOR PAYMENT OF PUBLICATION FEES OR OTHER PURPOSE; UNEARNED COST DEPOSIT MUST BE HELD IN TRUST FOR PERSON ENTITLED THERETO. 12 O.S.H. 921, 19 O.S.H. 681, 28 O.S.H. 31, 62 O.S.H. 323.1, 62 O.S.H. 372
OPINION — AG — ** FORFEITURE BOND — ABATE WITH LIQUOR NUISANCE ** YOU, AS COUNTY ATTORNEY, BROUGHT A SUIT FOR AN INJUNCTION AND THAT A RESTRAINING ORDER WAS ISSUED AND THE PREMISES LOCKED UP, BUT THAT LATER, ON MOTION OF THE DEFENDANT HE WAS ALLOWED TO OPEN THE PLACE (TAVERN, SALOON) FOR THE PURPOSE OF OPERATING A LAWFUL BUSINESS AND UPON HIS POSTING A BOND IN THE SUM OF $500.00 PENDING HEARING UPON THE APPLICATION FOR A TEMPORARY INJUNCTION. IN THE MEANTIME, THE DEFENDANT VIOLATED THE...
OPINION — AG — ** RULES AND REGULATION — ANNUAL LEAVE — EMPLOYEES ** ONE OF THE EMPLOYEES OF THIS DEPARTMENT (DEPARTMENT OF WELFARE) WAS TAKEN ILL ON OR ABOUT JUNE 5, 1948 AND PASSED AWAY JUNE 8, 1948. THE PAYROLL FOR THIS DEPARTMENT HAS BEEN MADE UP AND APPROVED FOR THE MONTH OF JUNE, 1948. NOW, WILL THE HEIRS OF THIS DECEASED EMPLOYEE BE ENTITLED TO HIS WARRANT AS APPROVED FOR THIS MONTH ON JUNE, 1948 TAKING INTO CONSIDERATION HIS UNUSED ANNUAL LEAVE AND SICK TIME — ONLY FOR DAYS WORKED. (...
OPINION — AG — ** WILL ROGERS COMMISSION — PURCHASE — PUBLICATIONS ** CAN THE WILL ROGERS MEMORIAL COMMISSION AUTHORIZE TO PURCHASE 50,000 BOOKLETS, CONTAINING PICTURES AND WRITTEN MATTER RELATING TO THE WILL ROGERS MEMORIAL AT A COST OF $3,125.00 AND TO SELL SAID BOOKLETS TO THE PUBLIC AT COST — NEGATIVE (OPERATING EXPENSES, CLASSIFICATION, STATE AGENCY) CITE: 53 Ohio St. 42 [ 53-42 ], 53 Ohio St. 44 [ 53-44 ] (GEORGE T. MONTGOMERY)
OPINION — AG — ** FREE FAIR BOARD — CONSTRUCTION OF BUILDING — ELECTION ** THE QUESTION OF WHETHER THE COUNTY WILL CONSTRUCT FREE FAIR BUILDINGS AND MAKE A BUILDING FUND LEVY, UNDER THE PROVISIONS OF ARTICLE X , SECTION 10 OF THE OKLAHOMA CONSTITUTION, FOR THAT PURPOSE, MAY BE SUBMITTED TO THE PEOPLE OF THE COUNTY AT ANY REGULAR PRIMARY, RUN OFF PRIMARY, OR GENERAL ELECTION, USING REGULAR ELECTION OFFICIALS IN CHARGES OF SUCH REGULAR PRIMARY, OR GENERAL ELECTION; AND THAT, IF THE ESTIMATES FOR...
OPINION — AG — ** MAXIMUM SALARIES — COUNTY OFFICERS — PERCENTAGE ** 19 Ohio St. 180 .55 [ 19-180.55 ] PROVIDES FOR A 10 PERCENT INCREASE OF MAXIMUM SALARIES OF AUTHORIZED DEPUTIES, CLERKS AND OTHER EMPLOYEES OF OFFICES OF THE COUNTY. PRIOR TO THE ENACTMENT OF THIS SECTION THE DEPUTIES AND CLERKS IN WOOKWARD COUNTY RECEIVED $125.00 PER MONTH. ALLOWING THEM THE MAXIMUM INCREASE, THEIR SALARIES WERE INCREASED TO $137.50 UNDER THIS SECTION. IT IS MY OPINION THAT THIS TWENTY PERCENT INCREASE SHOULD...
OPINION — AG — ** PART TIME — LAW ENFORCEMENT — WITHOUT COMPENSATION ** QUESTION: IT IS LAWFUL FOR OFFICERS, SUCH AS FEE DEPUTY SHERIFFS OR CONSTABLES, WHO DRAW 'NO' SALARY AS SUCH FROM ANY GOVERNMENTAL AGENCY, TO ACCEPT EMPLOYMENT FROM PRIVATE INDIVIDUALS AND BUSINESS ESTABLISHMENTS TO ACT AS LAW ENFORCEMENT OFFICERS AT AND AROUND BUSINESS, SUCH BUSINESSES INCLUDING PLACES WHICH SELL 3.2 BEER, DANCE HALLS, ETC. . . — NEGATIVE (PUBLIC OFFICER, PRIVATE SECURITY GUARD, COUNTY EMPLOYEE, CONFLICT...
OPINION — AG — ** COMMISSIONERS OF THE LAND OFFICE — IMPROVEMENTS — NURSERY ** QUESTION: CAN SMALL SHRUBS AND TREES PLANTED OR SET OUT BY A PREFERENCE RIGHT LEASEE OF ORIGINAL GRANT LANDS BELONGING TO THE PERMANENT SCHOOL FUND IN CONNECTION WITH THE OPERATION OF A NURSERY BUSINESS THEREON, ARE " IMPROVEMENTS " WITHIN THE MEANING OF THE WORD USED IN 64 Ohio St. 225 .1 [ 64-225.1 ] ; AND, IF SO, AS TO HOW THEY SHOULD BE APPRAISED IN CONNECTION WITH THE SALE OF THE LAND COVERED BY THE PREFERENCE...
OPINION — AG — ** NOTICE TO LICENSES — STATE RULES AND REGULATION ** EACH RULE AND REGULATION WHICH THE STATE FIRE MARSHALL IS AUTHORIZED TO ADOPT OR PROMULGATE BY THE PROVISIONS OF 52 Ohio St. 436 [ 52-436 ], WHICH RULE OR REGULATION MAY BE VALIDLY ADOPTED OR PROMULGATED BY HIM UNDER THE PRINCIPLES OF LAW ANNOUNCED IN THE DECISIONS OF OUR STATE SUPREME COURT, MUST BE ADOPTED OR PROMULGATED IN SUBSTANTIAL CONFORMITY WITH THE PROCEDURE SET FORTH IN SECT. 5, THE PROVISIONS OF WHICH ARE SELF...
OPINION — AG — ** STATE BOARD OF BARBERS EXAMINERS — SALARY FOR MEMBERS ** THE SECRETARY OF SAID BOARD IS ENTITLED TO RECEIVE $7.00 PER DAY FOR EACH DAY HE IS ACTUALLY ENGAGED IN THE DISCHARGE OF HIS OFFICIAL DUTIES, NOT TO EXCEED, HOWEVER, SUM OF $1,800.00 IN ANY ONE FISCAL YEAR. (SALARY COMPENSATION, TRAVEL, PER DIEM, STATE AGENCY) CITE: 59 Ohio St. 82 [ 59-82 ] (FRED HANSEN)
OPINION — AG — ** MILL LEVY — CONSTRUCTION — SCHOOL BUILDINGS ** QUESTION(1): THE MEANING OF THE TERM " GOVERNING BOARD " IN THE PROVISIONS OF ARTICLE X , SECTION 9 OKLAHOMA CONSTITUTION, AUTHORIZING AN ADDITIONAL LEVY OF NOT TO EXCEED ONE(1) MILL " FOR THE ACQUISITION OF SITES AND ERECTION OF BUILDING FOR SEPARATE SCHOOLS FOR WHITE AND NEGRO CHILDREN " UPON CERTIFICATION OF THE NEED THEREFOR BY THE " GOVERNING BOARD, AND WHETHER OR NOT " THE PROCEEDS FROM A ONE MILL BUILDING FUND LEVY MAY BE...
OPINION — AG — ** APPROPRIATE WATERS — WATERS AND STREAMS ** AN APPLICANT INTENDS TO APPROPRIATE THE WATERS OF DELAWARE CREEK IN OSAGE COUNTY. THE APPLICANT DOES 'NOT' PROPOSE TO DEVELOP WATER POWER AND THAT, ALTHOUGH A HYDROGRAPHIC SURVEY OF SAID STREAM HAS BEEN COMPLETED, AS PROVIDED FOR IN 82 Ohio St. 11 [ 82-11 ], THERE HAS BEEN NO COURT TO ADJUDICATE ALL RIGHTS TO USE OF SAID WATER OF SAID STREAM AS PROVIDED FOR IN 82 Ohio St. 12 [ 82-12 ] — 82 Ohio St. 14 [ 82-14 ] . . . WHAT RIGHT, IF...
OPINION — AG — ** STATE TREASURER — SAFEKEEPING — SECURITIES ** THE STATE INDUSTRIAL COMMISSION MAY, BY APPROPRIATE RESOLUTION DIRECT THEIR SECRETARY TO DEPOSIT OR LEAVE FOR SAFEKEEPING WITH THE STATE TREASURER, ANY OR ALL OF SUCH INDEMNITIES OR SECURITIES AS THEY MAY HAVE REQUIRED TO BE PLEADED BY EMPLOYERS, UNDER THE PROVISIONS OF 85 Ohio St. 61 [ 85-61 ] ; AND THAT THEREUPON, THE STATE TREASURER SHOULD RECEIPT FOR AND SAFETY KEEP SAME; AND HE SHOULD SURRENDER SAME TO, AND UPON REQUEST OF THE...
OPINION — AG — ** FIRE INSURANCE — GROSS FIRE PREMIUMS — TAX ** (1) IN VIEW OF THE FACT THAT THE STATE INSURANCE DEPARTMENT HAS HERETOFORE CONSTRUED 68 Ohio St. 32 .7 [68-32.7] AS NOT LEVYING A TAX ON PREMIUMS COLLECTED BY CASUALTY COMPANIES FOR SUCH AUTOMOBILES INSURANCE NOR THAT OF SAID PREMIUMS THAT IS COLLECTED TO COVER LOSS BY FIRE, " AND SINCE THE LEGISLATURE OF OKLAHOMA BY " LEGISLATIVE SILENCE " IN REGARD TO SAID CONSTRUCTION HAS APPARENTLY ACQUIESCED IN OR APPROVED THE SAME, THAT THE...
OPINION — AG — ** INSPECTION — CATTLE — MEAT — CONSUMPTION ** ANIMALS TO BE SLAUGHTERED FOR HUMAN CONSUMPTION ARE NOW INSPECTED BY INSPECTORS APPOINTED BY THE STATE BOARD OF AGRICULTURE, BUT THERE IS NO LEGAL REQUIREMENT FOR INSPECTION AFTER SLAUGHTER, ALTHOUGH, IN MANY CASES, DISEASES CANNOT BE DETECTED UNTIL AFTER AN ANIMAL HAS BEEN SLAUGHTERED. SEVERAL PACKING COMPANIES HAVE EXPRESSED A WILLINGNESS TO HAVE POST MORTEN AS WELL AS ANTE-MORTEN INSPECTION FOR ANIMAL DISEASES AND ARE AGREEABLE TO...
OPINION — AG — ** EMPLOYMENT SECURITY COMMISSION — PAYMENT — LEGALITY OF INSTRUMENT ** ON OR ABOUT JANUARY 17, 1948 THE COMMISSION ISSUED ITS "CHECK" OR WARRANT, PAYABLE TO THE ORDER OF ONE 'A. S. GOINS' FOR BENEFITS DUE UNDER THE OKLAHOMA EMPLOYMENT SECURITY ACT; THAT SHORTLY THEREAFTER, ONE 'WILLIS TENNANCE' INFORMED THE COMMISSION THAT HE HAD CASHED THE INSTRUMENT UPON THE ENDORSEMENT THEREOF BY THE PAYEE, BUT THAT THE INSTRUMENT, WITH NO FURTHER ENDORSEMENT HAD BEEN LOST OR STOLEN FROM HIM;...
OPINION — AG — ** ENGINEERING FEES — PROJECT — PAY SAID CLAIM ** WE HAVE A CLAIM FROM THE COUNTY COMMISSIONERS OF LOVE COUNTY FOR ENGINEERING FEES ON A PROJECT. THE CLAIM IS BASED ON AN ENGINEERING CONTRACT BETWEEN THE DEPARTMENT OF HIGHWAYS AND THE COUNTY COMMISSIONERS OF LOVE COUNTY IN CONNECTION WITH THE CONSTRUCTION OF A FARM TO MARKET ROAD UNDER THE PROVISIONS OF HOUSE BILL NO. 253, 68 Ohio St. 660 [68-660](B). SAID CONTRACT PROVIDES THAT THE COUNTY SHALL FURNISH " ALL TOOLS, EQUIPMENT,...
OPINION — AG — ** COUNTY SEPARATE SCHOOL IMPROVEMENT BONDS — PURCHASING SCHOOL LAND ** QUESTION: CAN MONEYS DERIVED BY A COUNTY FROM THE SALE OF " COUNTY SEPARATE SCHOOL IMPROVEMENT BONDS ", SUCH AS AUTHORIZED UNDER 70 Ohio St. 907 .1 [70-907.1] TO 70 Ohio St. 907 .7 [70-907.7], VOTED FOR THE FOLLOWING USES, TO WIT: " PURCHASING SCHOOL SITES, ERECTING SCHOOL BUILDINGS, PURCHASING SCHOOL FURNITURE AND FIXTURES, MAKING SCHOOL BUILDING REPAIRS, MAKING SCHOOL SITE IMPROVEMENTS " MAY BE EXPENDED BY...
OPINION — AG — ** TRANSFERRED STUDENTS — SCHOOL — APPORTIONED FUNDS ** (1) WHERE A SCHOOL DISTRICT TRANSFERS PUPILS TO ANOTHER SCHOOL DISTRICT OR DISTRICTS, THE COUNTY TREASURER SHOULD 'CEASE' APPORTIONING THE MONEYS OF THE TRANSFERRING DISTRICT TO THE DISTRICT OR DISTRICTS TO WHICH THE PUPILS WERE TRANSFERRED (AS PROVIDED IN 70 Ohio St. 1037 .13 [70-1037.13], AS AMENDED) WHEN THE AMOUNT SO APPORTIONED EQUALS THE AMOUNT APPROPRIATED IN THE BUDGET OF SAID TRANSFERRING DISTRICT FOR TRANSFER FEES....
