** LEGALITY — PAYING CONSTRUCTION — SEWAGE ** THE SUPREME COURT HAS HELD THAT PROCEEDS OF SAID ' FIVE MILL BUILDING FUND LEVY "MAY BE USED TO CONSTRUCT SAID SEWAGE DISPOSAL UNIT CONSISTING OF A PUMP HOUSE AND A NEW PIT WITH EXTENDING PIPE LINES. (CONSTRUCTION, EXPENDITURES, PUBLIC BUILDINGS, ERECT, TAXABLE PROPERTY) CITE: 70 Ohio St. 1-20 [70-1-20], ARTICLE X, SECTION 10 (VOTE, ELECTION) (J. H. JOHNSON)
** AD VALOREM TAXES — COMMERCIAL BUSINESS — PRO RATA ** ON JANUARY 1, 1050, THE PROPERTY WHICH WAS OWNED BY A PUBLIC SERVICE CORPORATION DOING BUSINESS IN THE STATE OF OKLAHOMA, AND WHICH WAS NOT BEING USED FOR ANY OF THE SPECIAL PURPOSES SET FORTH IN ARTICLE X , SECTION 6 , OKLAHOMA CONSTITUTION, WAS SUBJECT TO AD VALOREM TAXATION FOR THE YEAR 1950, EVEN THOUGH SUCH PROPERTY WAS, DURING 1950, SOLD AND CONVEYED TO A COUNTY OR MUNICIPALITY OF THIS STATE; THAT, WHERE A COUNTY OR MUNICIPALITY OF...
OPINION — AG — ** JURORS — FEE SCHEDULES ** IN THOSE CASES WHERE THE AMOUNT PRAYED FOR IN THE PETITION, EXCLUSIVE OF INTEREST AND COST, DOES NOT EXCEED $200 THE JURORS' FEES MUST BE ADVANCED AND TAXED AS PROVIDED IN THE STATUTORY LANGUAGE AT THE RATE OF 50 CENTS PER DAY PER JUROR. CITE: 12 Ohio St. 932 [ 12-932 ], 20 Ohio St. 660 [ 20-660 ], 28 Ohio St. 31 [ 28-31 ] [ 28-31 ], 28 Ohio St. 51 [ 28-51 ], 28 Ohio St. 86 [ 28-86 ] [ 28-86 ] (SAM H. LATTIMORE)
OPINION — AG — ** JUSTICE OF PEACE — TAX — CONVICTION ** IN THE COURT OF COMMON PLEAS OF TULSA COUNTY THE CLERK SHOULD TAX AND COLLECT FOR EACH CONVICTION FOR GAMBLING, CARRYING CONCEALED WEAPONS, DISTURBING RELIGIOUS WORSHIP AND FOR VIOLATION OF THE ENFORCEMENT ACT A FEE OF $15.00 AND FOR A CONVICTION IN ALL MISDEMEANOR CASES OTHER THAN THOSE MENTIONED THE SUM OF $10.00 CITE: 20 Ohio St. 651 [ 20-651 ], 20 Ohio St. 660 [ 20-660 ], 20 Ohio St. 662 [ 20-662 ], 28 Ohio St. 38 [ 28-38 ] [ 28-38 ] (...
OPINION — AG — ** BOARD OF ACCOUNTANCY — CERTIFICATE — REVOKED ** THE OKLAHOMA STATE BOARD OF ACCOUNTANCY IS WITHOUT AUTHORITY TO REINSTATE A CERTIFIED PUBLIC ACCOUNTANT CERTIFICATE WHICH IT HAS THERETOFORE REVOKED AND CANCELLED. HOWEVER, IF THE FORMER HOLDER OF SAID CERTIFICATE IS NOW OTHERWISE QUALIFIED TO TAKE AN EXAMINATION BEFORE YOUR BOARD, WE ARE OF THE OPINION THAT IF HE DULY APPLIES FOR AND PASSES SAID EXAMINATION, HE MAY AGAIN BE LICENSED BY YOUR BOARD TO PRACTICE AS A CERTIFIED...
OPINION — AG — ** TRADE NAME — SECRETARY OF STATE — NAMES ** SUBJECT: REGISTERED NAME OF A CORPORATION WITH THE NAME 'STANDARD OIL COMPANY' AND ANOTHER 'STANDARD OIL' CITE: 18 Ohio St. 1 .11 [ 18-1.11 ] (FRED HANSEN)
OPINION — AG — ** EASEMENT — STATE PROPERTY — GRANTING ** (1) SUCH INSTRUMENT (GRANT OF EASEMENT OF 20 YEARS — STATE DEPARTMENT OF MENTAL HOSPITAL — PUBLIC SERVICE — UTILITY), INSOFAR AS IT WOULD GRANT TO THE GRANTEE " THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID SYSTEM ACROSS ADJOINING OR OBSTRUCTION WHICH MAY AT ANY TIME INTERFERE WITH OR ENDANGER SAID SYSTEM OR ITS MAINTENANCE OR OPERATION ", AND INSOFAR AS THE GRANTOR THEREIN WOULD COVENT AND AGREE THAT " NO BUILDING OR OTHER STRUCTURE...
OPINION — AG — ** LICENSED ARCHITECTS — RESIDENCY ** (1) UNDER THE FACTS DETAILED IN YOUR LETTER, YOUR APPLICANT IS A "LEGAL RESIDENT OF THE STATE OF OKLAHOMA" AS IS CONTEMPLATED BY 59 Ohio St. 45 .11 [ 59-45.11 ] (2) IF AN APPLICATION IS FILED IN CONFORMITY WITH THE RULES AND REGULATIONS OF THE BOARD, AND THE APPLICANT POSSESSES THE STATUTORY QUALIFICATIONS IS NOT FILED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE BOARD, OR IF THE APPLICANT DOES 'NOT' POSSESS THE STATUTORY...
OPINION — AG — ** REVOLVING FUND — UNIVERSITY OF OKLAHOMA ** THE OKLAHOMA GEOLOGICAL SURVEY, SAME BEING " UNDER THE DIRECTION AND SUPERVISION OF THE BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA " IS AUTHORIZED TO OPERATE A REVOLVING FUND, AND TO DEPOSIT SAID FUND IN THE STATE TREASURER. (COLLEGES, UNIVERSITIES, DEPARTMENT, SALE, PUBLIC FUNDS) CITE: 62 Ohio St. 165 [ 62-165 ], 62 Ohio St. 166 [ 62-166 ], 74 Ohio St. 232 [ 74-232 ] (FRED HANSEN)
OPINION — AG — ** SALES TAX — COUNTY TREASURER ** THE 5% COMMISSION IN 68 Ohio St. 216 [ 68-216 ] MAY BE RETAINED BY THE PERSON IN CHARGE OF THE SALES THEREIN REFERRED TO FROM THE AMOUNT OF TAXES ASSESSED AND DUE UNDER 68 Ohio St. 215 [ 68-215 ] ; AND THAT SAID SECTION SHOULD BE TREATED AS 'NOT' BEING IN VIOLATION OF ARTICLE X , SECTION 19 OKLAHOMA CONSTITUTION UNLESS AND UNTIL DECLARE INVALID BY A COURT OF COMPETENT JURISDICTION. (COLLECTION OF TAXES, PROPERTY SOLD) CITE: 68 Ohio St. 215 [ 68-...
OPINION — AG — ** PROCEEDS FROM SALE — REVOLVING FUNDS ** PROCEEDS DERIVED FROM THE SALE OF STATE PARK PROPERTY UNDER AUTHORITY OF 74 Ohio St. 351 [ 74-351 ](N) MAY 'NOT' PROPERLY BE DEPOSITED TO THE CREDIT OF THE REVOLVING FUND KNOWN AS THE STATE PARK FUND CREATED IN 74 Ohio St. 351 [ 74-351 ](K) (SALE OF PROPERTY, RELEASE, SALE OF PERMITS, FUND FOR CONTRIBUTIONS — GIFTS — ETC) CITE: 62 Ohio St. 203 [ 62-203 ], 74 Ohio St. 351 [ 74-351 ] (JAMES C. HARKIN)
OPINION — AG — ** ABSENTEE BALLOTS — AFFIDAVIT ** OPINION NO. JUNE 8, 1946 — ELECTION BOARD WHEREIN REFERENCE IS MADE TO A SUGGESTED AFFIDAVIT TO BE FILED WITH A PRECINCT ELECTION BOARDS BY VETERANS WHO HAD VOTED AN ABSENTEE BALLOT AT ONE OR MORE OF THE THREE PRECEDING ELECTION REVEALING THAT THEY HAD SO VOTED, SAID AFFIDAVITS BEING SO FILED TO PREVENT THEIR CERTIFICATE OF REGISTRATION BEING CANCELLED FOR FAILURE TO VOTE AT THREE SUCCESSIVE ELECTION, AS PROVIDED FOR IN 26 Ohio St. 87 [26-87]...
OPINION — AG — ** BUDGET OFFICE — FORMS — AUTHORITY ** THE STATE BUDGET DIRECTOR 'MAY' REQUIRE ANY AND ALL OF THE DEPARTMENTS, INSTITUTIONS, BOARDS, COMMISSIONS AND AGENCIES OF THE STATE TO FURNISH HIM SUCH INFORMATION AS MAY BE NECESSARY TO SATISFY HIM THAT ANY AND ALL INDIVIDUALS WHO ARE AUTHORIZED BY, OR UNDER, THE PROVISIONS OF 62 Ohio St. 41 .26 [ 62-41.26 ] TO APPROVE CLAIMS AND/OR PAYROLLS FROM ANY FUND IN THE STATE TREASURY, ARE UNDER BOND FOR THE FAITHFUL PERFORMANCE OF THEIR DUTIES (...
OPINION — AG — ** REIMBURSEMENT — TRAVEL — SHERIFF ** THE EXPENSES OF A SHERIFF IN CONNECTION WITH ATTENDING THE MEETING AT OKLAHOMA CITY ON SEPTEMBER 22, 1952 CALLED BY THE STATE EXAMINER AND INSPECTOR UNDER AUTHORITY OF 19 Ohio St. 180 .47 [ 19-180.47 ] MAY 'NOT' LAWFULLY BE REIMBURSED OR PAID FROM COUNTY FUNDS. (DUTIES, COORDINATE BUSINESS) CITE: 19 Ohio St. 180 .47 [ 19-180.47 ], 19 Ohio St. 180 .43 [ 19-180.43 ], 28 Ohio St. 39 [ 28-39 ] (JAMES C. HARKIN)
OPINION — AG — ** RECEIPTS — TRAVEL EXPENSES — COUNTY ** TRAVEL CLAIMS BY COUNTY OFFICIALS IN 19 Ohio St. 180 .47 [ 19-180.47 ] MUST SET FORTH EACH ITEM COVERED THEREBY EXCEPT AS TO ANY ITEM FOR EXPENSE OF A CAR FURNISHED BY SUCH OFFICER (WHICH IS TO BE CALCULATED ON THE BASIS OF SIX CENTS EACH MILE) EACH ITEM OF EXPENSE MUST BE SUPPORTED BY A ' RECEIPT ' FOR THE MONEY FOR WHICH REIMBURSEMENT IS CLAIMED. (PER DIEM, TRAVEL, LODGING, EXPENDITURES) CITE: 19 Ohio St. 180 .47 [ 19-180.47 ], 62 Ohio...
OPINION — AG — ** CLAIM — SHERIFF — RELEASE OF CHATTEL ** IN ACTION AGAINST A RESIDENT OF ANOTHER STATE, THE SHERIFF OF YOUR COUNTY ATTACHED SEVERAL COMBINES AND TRUCKS, AND, UPON RECEIVING A DEPOSIT OF CASH SUFFICIENT TO COVER THE AMOUNT SUED FOR, RELEASED THE ATTACHED CHATTELS; THAT LATER, THE ACTION WAS DISMISSED BY THE PLAINTIFF AND THE CASH SO DEPOSITED WITH THE SHERIFF WAS RETURNED TO THE DEFENDANT; AND THAT THE SHERIFF IS CLAIMING A COMMISSION, AS FOR COLLECTION WITHOUT SALE, OF ONE HALF...
OPINION — AG — ** ELECTION BOARD — EQUIPMENT — NEAR POLLING PLACES ** THIS OPINION DEALS WITH THE THE REPRODUCTION OF AMERICAN FLAG THAT IS WORN WITH " I HAVE VOTED — HAVE YOUR " . . . MAY THIS BE WORN 300 FT NEAR POLLING PLACES — NEGATIVE (THIS IS NOT ELECTION BOARD MATERIAL) CITE: 26 Ohio St. 436 [ 26-436 ] (BALLOT BOX, BOOTH, ELECTION, MATERIAL, CAMPAIGN) (JAMES C. HARKIN)
OPINION — AG — ** AUDIT — RECORDS — FUNDS — SEWER IMPROVEMENT DISTRICTS ** (1) FUNDS OF A SEWER IMPROVEMENT DISTRICT ESTABLISHED AND ORGANIZED UNDER 19 Ohio St. 871 [ 19-871 ] — 19 Ohio St. 896 [ 19-896 ] ARE NOT "FUNDS OF THE COUNTY" AND THAT THE BOARD OF DIRECTORS OF SUCH A DISTRICT IS `NOT' A "COUNTY BOARD" OR "COUNTY OFFICER (PUBLIC OFFICER)" OR THE CLERK THEREOF A "COUNTY OFFICER" OR "OFFICER OF THE COUNTY" OR A "CUSTODIAN OF FUNDS OF THE COUNTY" WITHIN MEANING OF THOSE TERMS AS USED IN 74...
OPINION — AG — ** RECORDING FEES — COURT CLERKS ** (1) IN MUCH THE SAME WAY THAT A PLEADING, MOTION, NOTICE, JUDGMENT, ETC., OR OTHER COURT PAPER, AND EXHIBITS ATTACHED AND REFERRED TO THEREIN, CONSTITUTES ONE " INSTRUMENT ", ANY SUCH COURT PAPER AND AN AFFIDAVIT OR CERTIFICATE ANNEXED OR ATTACHED THERETO, WHICH RECITES, IN EFFECT, THAT THE " WITHIN " OR THE " FOREGOING " OR THE " ANNEXED " OR THE " ATTACHED " OR THE " ABOVE ", PLEADING, MOTION, NOTICE, JUDGMENT ETC. OR OTHER COURT PAPERS WAS...
OPINION — AG — ** AUDIT — RECORDS — JUSTICE OF THE PEACE ** THERE IS `NO' AUTHORITY FOR THE JUSTICE OF THE PEACE, IN AN ACTION BROUGHT UPON COMPLAINT BY A GAME AND FISH RANGER FOR VIOLATION OF THE LAWS FOR THE PROTECTION OF GAME, BIRDS, OR FISH, TO TAX AS PART OF THE COSTS OF THE CASES, OR OTHERWISE, ANY MILEAGE OR OTHER FEES FOR THE SERVICES OF THE RANGER, OR TO PAY TO THE RANGER ANY PART OF THE FINE OR COSTS COLLECTED IN SUCH CASE. (WILDLIFE CONSERVATION DEPARTMENT, FINES, COMPENSATION) CITE:...
