** SCHOOL BOARD — ANNEXATION — CONTRACT ** WHAT IS THE VALIDITY OF A CONTRACT MADE BY THE BOARD OF EDUCATION OF A DEPENDENT SCHOOL DISTRICT WITH A TEACHER ON JULY 11, 1950, WHERE A PETITION FOR THE ANNEXATION OF SAID DEPENDENT SCHOOL DISTRICT TO AN INDEPENDENT SCHOOL DISTRICT HAD BEEN PREVIOUSLY FILED WITH THE COUNTY SUPERINTENDENT OF SCHOOLS ON JUNE 28 OR JUNE 29, 1950, AND NOTICES OF AN ELECTION TO VOTE ON THE ANNEXATION ON JULY 14, 1050, HAD BEEN DULY POSTED, AND THE ANNEXATION WAS EFFECTED...
** AD VALOREM TAXATION — BUILDINGS — FREE FAIR BOARD ** REGARDING THE EXPENDITURE OF MONEY RAISED BY THE 5 MILL LEVY AD VALOREM TAXES AFTER FAVORABLE VOTE OF THE CITIZENS OF STEPHENS COUNTY, FOR THE PURPOSE OF ERECTION OF PERMANENT BUILDINGS UPON A PERMANENT SITE FOR THE COUNTY FREE FAIR AS AUTHORIZED BY ARTICLE X , SECTION 10 OKLAHOMA CONSTITUTION, THE QUESTION WHICH I WOULD LIKE AN OPINION FROM YOUR OFFICE (THE A.G.), WHETHER OR NOT SUCH FUNDS MAY BE USED FOR THE PURPOSE OF ENLARGEMENT OF...
OPINION — AG — ** POLICE RETIREMENT — MUNICIPAL ACTION ** UNDER 11 Ohio St. 541 [11-541] AND FOLLOWING, THE GOVERNING BOARD OF THE CITY OF EL RENO, BY ORDINANCE, ESTABLISHED A PENSION AND RETIREMENT SYSTEM FOR THE PURPOSE OF PROVIDING PENSION ALLOWANCE AND OTHER BENEFITS FOR ITS POLICEMEN AND THEIR WIVES, AND CHILDREN; THEY THEN REPEALED THIS SAME ORDINANCE. . . . DOES EL RENO HAVE A RETIREMENT SYSTEM NOW — IT DOES NOT HAVE A PENSION PLAN. CITE: 11 Ohio St. 541 [11-541], ARTICLE V, SECTION 61...
OPINION — AG — ** FORCED ACCOUNT — CONSTRUCTION ** THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY 'HAS' FULL AUTHORITY TO " ERRECT, REMODEL, IMPROVE OR REPAIR A COURTHOUSE AND/OR JAIL " BY FORCED ACCOUNT AS CONTRAD DISTINGUISHED FROM LETTING A CONTRACT AND THAT THE ACCOUNT OF COUNTY FUNDS INVOLVED IS IMMATERIAL. (BIDDING, BIDS, COUNTY) CITE: 19 Ohio St. 341 [ 19-341 ], 19 Ohio St. 339 [ 19-339 ], 19 Ohio St. 733 [ 19-733 ], 19 Ohio St. 734 [ 19-734 ] (AUTHORITY ORDER, AUTHORIZATION ORDER) (J. H....
OPINION — AG — ** PENALTIES — LIEN — REAL PROPERTY ** THE LAST CLAUSE OF PARAGRAPH `B' OF 18 Ohio St. 1 .24 [ 18-1.24 ] READING AS FOLLOWS: "* * * UNLESS THE REAL ESTATE WHICH IS ALLEGED TO HAVE BEEN UNLAWFULLY HELD, SHALL HAVE BEEN DISPOSED OF PRIOR TO THE COMMENCEMENT OF THE ACTION," MODIFIES AND LIMITS ONLY THE CLAUSE IMMEDIATELY PROCEEDING IT, READING AS FOLLOWS, "* * * AND FOR A FURTHER JUDGMENT ESTABLISHING AND FORECLOSING THE LIEN CREATED BY SECTION 23 HEREOF * * *" AND DOES `NOT' MODIFY...
OPINION — AG — ** DRIVING WHILE UNDER THE INFLUENCE — HIGHWAY — DEFINITIONS ** DEFENDANTS (1950) ARE CHARGED WITH OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR. YOU CALL ATTENTION TO THE FACT THAT 47 Ohio St. 93 [ 47-93 ], MAKES IT UNLAWFUL FOR ANY PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND/OR DRUGS TO OPERATE A MOTOR VEHICLE ON ANY "HIGHWAY" AS DEFINED IN 47 Ohio St. 91 [ 47-91 ]. THIS PROVISION WAS REPEALED BY UNIFORM TRAFFIC CODE AND NOW DEFENDANTS ARE...
OPINION — AG — ** GENERAL REVENUES — STATE AGENCY ** QUESTION: CAN THE OKLAHOMA RESOURCES AND PLANNING BOARD AUTHORIZED BY LAW TO EXPEND " THE APPROPRIATION FROM THE 'GENERAL REVENUES' OF THE STATE FOR THE DIVISION OF STATE PARKS AND PURCHASE FIRE INSURANCE ON STATE PROPERTY IN SAID PARKS — NEGATIVE (PROPERTY, FIRE INSURANCE, COVERAGE, BUDGET, ITEMIZATION) CITE: 74 Ohio St. 63 [ 74-63 ], 74 Ohio St. 356 .2 [ 74-356.2 ] (FRED HANSEN)
OPINION — AG — ** LEGAL NOTICES — PUBLICATION — NEWSPAPER ** BECAUSE OF FIRE ( 25 Ohio St. 106 [ 25-106 ]), ON REGULAR ISSUE, OR TWO CONSECUTIVE REGULAR ISSUES (BUT NO MORE THAN TWO CONSECUTIVE REGULAR ISSUES) OF A WEEKLY NEWSPAPER ARE PRINTED OUTSIDE THE COUNTY WHERE SUCH NEWSPAPER, UNDER ITS SECOND CLASS MAIL PERMIT, IS DELIVERED TO THE UNITED STATES MAILS, THE SITUATION, INSOFAR AS SAID STATUTE IS CONCERNED, IS EXACTLY THE SAME AS THOUGH, FOR THE SAME REASON, SUCH ISSUE OR ISSUES WERE NOT...
OPINION — AG — ** JURISDICTION — DEFENDANT CHARGED WITH RAPE — MINOR ** THE SAFE PROCEDURE WOULD BE TO HAVE AN ORDER OF DISMISSAL ENTERED IN THE DISTRICT COURT AND THEN PROCEED BY FILING OF NEW PRELIMINARY COMPLAINT, EITHER IN THE JUSTICE COURT OR IN THE COUNTY COURT, THEREBY GIVING THE DEFENDANT OPPORTUNITY TO HAVE PRELIMINARY HEARING OR HIS RIGHT TO WAIVE SAME. (WHO HAS JURISDICTION TO TRY A DEFENDANT CHARGED WITH RAPE ON A THIRTEEN YEAR OLD GIRL, WHERE DEFENDANT WAS UNDER THE AGE OF SIXTEEN (...
OPINION — AG — ** LICENSES — EXAMINATIONS — GRADUATE OF HIGH SCHOOL 8* UNDER THE FACTS, THE BOARD OF EXAMINERS IN THE BASIC SCIENCES, IF IT IS SATISFIED FROM SAID EVIDENCE THAT THE APPLICANT " POSSESSES EDUCATION QUALIFICATIONS EQUIVALENT THOSE REQUIRED FOR GRADUATION BY SUCH AN ACCREDITED HIGH SCHOOL " WOULD BE AUTHORIZED TO ACCEPT SAID APPLICANT (IF IT IS ALSO SATISFIED THAT HE POSSESSES THE OTHER QUALIFICATIONS REQUIRED BY LAW) FOR EXAMINATION IN THE BASIC SCIENCES, AND IF SAID APPLICANT...
OPINION — AG — ** SALARIES APPROPRIATION OUT OF THE DEPARTMENT APPROPRIATION ** QUESTION: WOULD A PRIOR LAW FIXING THE ANNUAL SALARY OF AN OFFICER OR EMPLOYEE OF THE STATE WITHIN A DEFINED MINIMUM AND MAXIMUM AMOUNT, THE ACTUAL SALARY TO BE DETERMINED BY THE APPOINTING POWER, BE A LAW WITHIN THE MEANING OF ARTICLE V, SECTION 56 AND THEREBY AUTHORIZE AN APPROPRIATION, NOT EXCEEDING SAID MAXIMUM SALARY, TO BE MADE IN THE GENERAL DEPARTMENT APPROPRIATION BILL FOR EACH OF THE TWO ENSUING FISCAL...
OPINION — AG — ** PAVING ASSESSMENT — STATE AGENCY — LIABILITY ** IN YOUR LETTER STATING THAT A CITY IN WHICH A STATE OWNED ARMORY IS LOCATED CONTEMPLATES PAVING ONE OF THE STREETS WHICH BOUNDS THE ARMORY PROPERTY, AND REQUESTING AN OPINION AS TO WHETHER OR NOT A PAVING ASSESSMENT AGAINST SUCH PROPERTY COULD LEGALLY BE PAID FROM FUNDS APPROPRIATED FROM THE 1949 LEGISLATURE FOR OPERATING EXPENSES OF THE ADJUTANT GENERAL DEPARTMENT — AFFIRMATIVE (STATE AGENCY, STATE PROPERTY, MUNICIPALITY STATE...
OPINION — AG — ** STATE BOARD OF COSMETOLOGY — LICENSE — RENEW ** IF THE PERIOD OF THREE YEARS HAD NOT ELAPSED FROM THE TIME A PERSON RETIRED FROM "THE PRACTICE OF COSMETIC ART" UNDER THE PROVISIONS OF SAID 59 Ohio St. 198 .16 [59-198.16], SAID PERSON IS NOT ELIGIBLE TO RENEW HER "CERTIFICATE OF REGISTRATION" OR LICENSE, UPON MAKING APPLICATION THEREFOR AND COMPLY WITH THE PROVISIONS OF 59 Ohio St. 198 .16 [59-198.16] (ACTIVE PRACTICE, REGISTRATION) CITE: 59 Ohio St. 199 .7 [ 59-199.7 ], 59...
OPINION — AG — ** GIFTS — TAXATION — STATE AGENCY ** IF THE PROPOSED GRANT OF $5,000 TO THE SOUTHWESTERN STATE COLLEGE, TO BE USED FOR THE PURCHASE OF EQUIPMENT FOR THE SCHOOL OF PHARMACY OF SAID COLLEGE, BE ACCEPTED BY THE BOARD OF REGENTS OF OKLAHOMA COLLEGES, UPON BEHALF OF THE STATE OF OKLAHOMA AND SAID COLLEGE, NEITHER THE GIFT ITSELF, NOR THE TRANSFER OF TITLE TO THE MONEY INVOLVED THEREIN, NOR THE PRIVILEGE OF MAKING OR RECEIVING THE GIFT, NOR ANY INCOME OR PROFITS DERIVED BY THE STATE...
OPINION — AG — ** REGISTERED NURSES — LICENSE — REGISTRATION ** A REGISTERED NURSE OR LICENSED NURSING ATTENDANT WHO HAS BEEN INACTIVE AND WHO APPLIES FOR A RENEWAL OF HER REGISTRATION IS REQUIRED TO PAY ON THE CURRENT FEE OF TWO DOLLARS OR ONE DOLLAR, AS CASE MAY BE, AND IS 'NOT' REQUIRED TO PAY FEES FOR PRIOR YEARS WHEN SHE WAS INACTIVE. (REINSTATEMENT, FEE, STATE BOARD OF NURSE EXAMINERS) CITE: 59 Ohio St. 559 [ 59-559 ], 59 Ohio St. 560 [ 59-560 ] (J. H. JOHNSON)
OPINION — AG — ** TEACHERS' RETIREMENT — PRIVATE SCHOOL TEACHER ** QUESTION: IS A TEACHER EMPLOYED AND PAID BY THE 'JANE BROOKS SCHOOL', WHICH IS PRIVATE SCHOOL NOT SUPPORTED IN WHOLE OR PART BY PUBLIC FUNDS, ELIGIBLE FOR MEMBERSHIP IN THE TEACHERS RETIREMENT SYSTEM FOR OKLAHOMA — NEGATIVE (PUBLIC FUNDS, STATE SUPPORTED SCHOOLS, EMPLOYED) CITE: OPINION NO. NOVEMBER 4, 1950, 70 Ohio St. 17-1 [70-17-1], ARTICLE V, SECTION 62 (RICHARD M. HUFF)
OPINION — AG — ** LEGISLATURE — ELECTION — SWORN IN ** PLEASE ADVISE HOW THE PAYROLL SHOULD BE FILED FOR THE MONTH OF NOVEMBER RELATIVE TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES — WHETHER OR NOT THE TERM OF THE MEMBERS GOING OUT OF OFFICE WILL EXPIRE ON THE 15TH DAY AFTER THE GENERAL ELECTION, WHICH WILL BE NOVEMBER 22ND, OR SHOULD IT INCLUDE NOVEMBER 23RD ALSO, WHETHER NOR NOT THERE IS ANY QUESTION ABOUT NEW MEMBERS BEING SWORN IN ON THE 23RD WHICH IS THANKSGIVING DAY OR WHETHER IT...
OPINION — AG — ** COURT CLERK — APPROPRIATION — DUAL POSITION — SALARY ** SO LONG AS THE 1943 GENERAL COUNTY SALARY ACT ( 19 Ohio St. 180 .1 [ 19-180.1 ] ET SEQ.) IS APPLICABLE TO THE OFFICE OF COUNTY JUDGE OF A COUNTY WITHIN ONE OF THE POPULATION VALUATION GROUPS OF COUNTIES COVERED BY SECT. 15 OF SAID 1943 ACT, THE COUNTY JUDGE OF SUCH COUNTY IS 'WITHOUT' AUTHORITY TO APPOINT A COURT STENOGRAPHER OR ANY OTHER EMPLOYEE; AND THAT, THEREFORE, WOULD BE NO AUTHORITY IN LAW FOR THE PAYMENT, FROM...
OPINION — AG — ** ABSENTEE VOTER — ARMED FORCES ** SAID ABSENTEE VOTERS ARE 'NOT' APPLICABLE TO SPECIAL CITY ELECTIONS. (APPLICABLE TO MUNICIPAL ELECTIONS WHERE THE ABSENTEE VOTER IS IN THE ARMED FORCES, MILITARY SERVICE) CITE: 11 Ohio St. 23 [11-23](A), 26 Ohio St. 325 [ 26-325 ] 26 Ohio St. 325 [ 26-325 ](A), 26 Ohio St. 345 .1 [ 26-345.1 ] (FRED HANSEN)
OPINION — AG — ** COUNTY COMMISSIONERS — STATE WORKMEN'S COMPENSATION — PAYMENT ** THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY CAN LEGALLY " DISCHARGE ITS OBLIGATIONS TO THE STATE INSURANCE FUND FOR PREMIUM ON POLICY FOR " WORKMEN'S COMPENSATION INSURANCE " FOR EMPLOYEES IN THE HAZARDOUS OCCUPATION OF MAINTAINING AND CONSTRUCTING COUNTY HIGHWAYS OUT OF THE COUNTY HIGHWAY CASH FUND NOT RESTRICTED TO RURAL MAIL AND SCHOOL BUS ROUTES OR TO ANY SPECIAL TYPE OF " BRIDGE AND SURFACING "...
