QUESTION(1): WOULD THE PROPOSED DEED WHEREIN THE GRANTOR RESERVES ALL THE OIL, GAS AND MINERAL RIGHT CONVEY TO THE COUNTY A FULL, COMPLETE AND INDEFEASIBLE TITLE — NEGATIVE, QUESTION(2): WOULD THE PROPOSED DEED WHEREIN IT IS PROVIDED THAT UPON THE EVENT THAT THE COUNTY SHOULD ABANDON THE USE TO THE PREMISES CONVEYED FOR FREE FAIR BOARD PURPOSES, THAT THE TITLE WOULD REVERT TO THE GRANTEE, CITY OF PAWNEE, CONVEY THE COUNTY A FULL, COMPLETE AND INDEFEASIBLE TITLE — NEGATIVE (ERECTING A PUBLIC...
OPINION — AG — AN OPINION DEALING WITH A PURCHASE ORDER SECURING MACHINES ISSUED AND WAS NUMBERED. THE MACHINES WERE DELIVERED BY THE VENDOR. THE FACE OF THE CLAIM BORE THE CORRECT TOTAL OF THE TWO BILLS ENCLOSED, AND BOTH BILLS WERE LISTED IN THE APPROPRIATE PLACE ON THE FACE OF THE BILL (INVOICE). HOWEVER, A CLERICAL ERROR OCCURRED WHEN THE REVERSE OF THE CLAIM WAS COMPLETE. . . . . THE APPROPRIATION YEAR LAPSED. DO WE PAY — SEE OPINION CITE: 62 O.S.H. 9.1, 62 O.S.H. 41.15, 62 O.S.H. 41.21,...
OPINION — AG — THE NECESSARY BONDS FOR SCHOOL DISTRICT EMPLOYEES MAY BE IN THE FORM OF A "BLANKET BOND"; AND THAT STATUTORY BOND FOR CUSTODIAN OF ACTIVITY FUNDS MAY BE INCLUDED IN SUCH "BLANKET BOND", BUT THAT THE COST OF INCLUDING SAME IN SUCH "BLANKET BOND" MUST BE PAID FROM ACTIVITY FUNDS. (SURETY BOND, FIDUCIARY BOND) CITE: 70 O.S.H. 4-22, 70 O.S.H. 4-33 (J. H. JOHNSON)
OPINION — AG — QUESTION: " CAN THE GRAND RIVER DAM AUTHORITY BY ADMINISTRATIVE ORDER OR CAN THE OKLAHOMA LEGISLATURE BY AMENDMENT TO THE GRAND RIVER DAM AUTHORITY ACT, LEGALLY ESTABLISH A MINIMUM DRAWNDOWN IN THE PENSACOLA RESERVOIR IN AID OF RECREATION IF SUCH PREVENTS THE AUTHORITY FROM UTILIZING ANY OF THE WATER NECESSARY, DESIRABLE OR CONVENIENT TO THE EFFICIENT AND ECONOMICAL OPERATION OF THE PROJECT FOR POWER PRODUCTION — NEGATIVE CITE: 82 O.S.H. 861, 82 O.S.H. 875 (FRED HANSEN)
OPINION — AG — ** COURT FUND ** IT WOULD NOT BE LAWFUL (UNLAWFUL) TO USE THE COURT FUND FOR THE PURCHASE OF INTOXIMETER (BREATHALYZER) TO BE USED IN INVESTIGATIONS AND FOR GATHERING EVIDENCE WHICH MAY OR MAY NOT BE USED AT LATER TRIAL OF A CRIMINAL CASE. (UNLAWFUL EXPENDITURE OF COURT FUNDS) CITE: 62 O.S.H. 323 (JAMES C. HARKIN)
OPINION — AG — CAN OR CANNOT A MEMBER OF A EXCISE BOARD MIGHT BE APPOINTED BY THE COUNTY COURT TO SERVE ON A SANITY COMMISSION UNDER THE MENTAL HEALTH LAW OF 1953 — WE CANNOT GIVE YOU AN OPINION UNDER 74 O.S.H. 18(B) . . . HOWEVER, SEE OPINION NO. JANUARY 13, 1954 — WARD — WHICH STATED: AN ASSISTANT COUNTY ATTORNEY WHO IS ELIGIBLE TO ENGAGE IN THE PRIVATE PRACTICE OF LAW AND WHO DOES ENGAGE IN THE PRIVATE PRACTICE OF LAW, COULD BE APPOINTED AS A MEMBER OF SUCH SANITY COMMISSION, UNLESS...
OPINION — AG — A RULE OR REGULATION REQUIRING A PUPIL TO PAY FOR DAMAGES TO SCHOOL PROPERTY IS INVALID AND UNENFORCEABLE, WHETHER ADOPTED BY THE DISTRICT SUPERINTENDENT OF SCHOOLS OR BY THE BOARD OF EDUCATION, AND THAT A PUPIL'S GRADE CARD (REPORT CARD) CANNOT LEGALLY BE WITHHELD FOR A FAILURE OR REFUSAL TO PAY FOR SUCH DAMAGE. IF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN QUESTION BELIEVES THAT, UNDER ALL THE CIRCUMSTANCES, THE PUPIL IS LIABLE FOR SAID DAMAGES, AND THE PUPIL REFUSES TO...
OPINION — AG — A CRIMINAL CASE IN A JUSTICE OF THE PEACE COURT WHERE THE DEFENDANT HAS DEPOSITED A SUM OF MONEY IN LIEU OF BAIL AND FOR SOME LAWFUL REASON THE COURT HAS ORDERED A FORFEITURE OF SAID SUM OF MONEY AND THE FEES AND COSTS HAVE NOT BEEN PAID BY THE DEFENDANT OR BY THE COMPLAINING WITNESS, THE JUSTICE OF THE PEACE IS REQUIRED BY LAW TO PAY ALL OF SAID MONEY OVER TO THE COUNTY TREASURER, AND MAY NOT RETAIN FROM SAID MONEY AN AMOUNT EQUAL TO THE UNPAID FEES AND COSTS IN THE CASE. CITE:...
(1) THAT SAID LEVY FUNDS "CAN LEGALLY BE USED TO CONSTRUCT THE SIDEWALKS (EXTENDING FROM ENTRANCES AND ON TWO SIDES OF THE NEW BUILDING) THAT WERE INCLUDED IN THE PLANS FOR THE BUILDING. (2) THAT SAID "BUILDING LEVY FUNDS" CANNOT LEGALLY BE USED TO CONSTRUCT THE SCHOOL BUS LOADING ZONE AND CAR PARKING AREA (AN INDEPENDENT PROJECT NOT CONNECTED WITH THE ERECTION OF A PUBLIC BUILDING) CITE: ARTICLE X, SECTION 10, 70 Ohio St. 1-20 [70-1-20], OPINION NO. JUNE 11, 1938 — CROW, OPINION NO. APRIL 21,...
** CHIROPRACTIC — HEALING ARTS — TAKING BLOOD ** A PERSON LICENSED TO PRACTICE CHIROPRACTIC IN THE STATE OF OKLAHOMA IS "A DULY LICENSED PHYSICIAN, LICENSED TO PRACTICE WITHIN THE STATE OF OKLAHOMA" WITHIN THE MEANING OF 43 Ohio St. 31 [ 43-31 ], 43 Ohio St. 33 [43-33]. (THAT LICENSED CHIROPRACTORS IN THIS STATE AMY LAWFULLY WITHDRAW BLOOD HYPODERMICALLY FROM THE ARM OR OTHER PART OF THE HUMAN BODY FOR WASSERMANN AND SIMILAR TEST, MARRIAGE LICENSE) CITE: OPINION NO. APRIL 17, 1941, 43 Ohio St....
OPINION — AG — THE STATE EXAMINER AND INSPECTOR IS REQUIRED, UPON REQUEST OF THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY OR UPON ORDER OF THE GOVERNOR, AS PROVIDED FOR IN 74 O.S.H. 212, TO MAKE AN AUDIT OF THE COUNTY HOSPITAL FUND OF A COUNTY PROVIDED FOR IN 19 O.S.H. 786, AS AMENDED, AND IS REQUIRED BY 19 O.S.H. 171, TO MAKE AN AUDIT OF SUCH COUNTY HOSPITAL FUND EVERY TWO YEARS; AND 62 O.S.H. 331, 19 O.S.H. 177.2), NOT ONLY DOES NOT PRECLUDE THE MAKING OF SUCH AUDITS, BUT, ON THE OTHER HAND,...
OPINION — AG ** CONFLICT OF INTEREST ** A MEMBER OF A SCHOOL BOARD (BOARD OF EDUCATION) " WHO, UNDER CONTRACT, OPERATES THE LOCAL BOOK DEPOSITORY " CANNOT " LEGALLY SELL TEXTBOOKS, SUCH AS WORKBOOKS, ETC., TO THE SCHOOL DISTRICT " WHICH HE SERVES AS A MEMBER OF THE BOARD OF EDUCATION. CITE: 62 O.S.H. 371, 70 O.S.H. 4-29, 70 O.S.H. 16-14 (J. H. JOHNSON)
OPINION — AG — ** REIMBURSEMENT, COUNTY OFFICERS, PER DIEM MILEAGE ** AFTER CALLING ATTENTION TO 68 O.S.H. 15.19, RELATING TO TRAVELING EXPENSES ETC., OF COUNTY ASSESSORS AND THEIR DEPUTIES, AND TO 19 O.S.H. 180.47, RELATING TO TRAVELING EXPENSES, ETC., OF COUNTY TREASURERS, COUNTY CLERKS, COURT CLERKS, COUNTY JUDGES, COUNTY ATTORNEYS ETC., YOU ASK IN EFFECT IF SUCH A COUNTY OFFICER WHILE TRAVELING IN HIS OWN AUTOMOBILE ON AUTHORIZED BUSINESS PARKS HIS AUTOMOBILE IN A PARKING LOT AND PAYS A...
** COUNTY FREE FAIR BOARD, ELECTORS ** (1) THE LEVY REFERRED TO BY YOU (SAME NOT BEING A STATEWIDE LEVY, LOCAL) WILL CARRY IF A MAJORITY OF VOTERS OF TILLMAN COUNTY "VOTING UPON SAID PROPOSITION", VOTE IN FAVOR THEREOF. (ERECTING PUBLIC BUILDINGS FOR THE FREE FAIR — FIVE MILL LEVY) (2) ABSENTEE BALLOTS CANNOT BE VOTED FOR OR AGAINST THE FIVE MILL LEVY MENTIONED BY YOU CITE: 2 Ohio St. 104 [2-104](H), 19 Ohio St. 731 [ 19-731 ] [ 19-731 ], 26 Ohio St. 325 [ 26-325 ], 26 Ohio St. 345 .1 [ 26-345....
OPINION — AG — THE $5.00 FEE SHOULD BE COLLECTED BY A JUSTICE OF THE PEACE AS "COUNTY FEES" IN ALL CASES WHEREIN THE DEFENDANT ENTER A PLEA OF GUILTY IN JUSTICE OF THE PEACE COURT, AND THAT THIS IS TRUE WHETHER OR NOT THE OFFENSE IS A TRAFFIC VIOLATION OR THE ARREST MADE BY A STATE HIGHWAY PATROLMAN. CITE: OPINION NO. OCTOBER 5, 1950 — EDMONSON, 28 O.S.H. 38 (FRED HANSEN)
OPINION — AG — UNDER THE PROVISIONS OF 2 O.S.H. 802, A SOIL CONSERVATION DISTRICT OF THE STATE OF OKLAHOMA MAY QUALIFY AS A " LOCAL ORGANIZATION " TO CARRY OUT, MAINTAIN AND OPERATE WORKS OF IMPROVEMENT AS DEFINED BY SECT. 2 PUBLIC LAWS 566, 83RD CONGRESS, IF SUCH WORKS OF IMPROVEMENT ARE DESIGNED FOR THE CONSERVATION OF THE SOIL AND SOIL RESOURCES OF THIS STATE, AND FOR THE CONTROL AND PREVENTION OF SOIL EROSION, THEREBY PRESERVING NATURAL RESOURCES, CONTROLLING FLOODS, PREVENTING IMPAIRMENT...
OPINION — AG — ** COUNTY ELECTION — FILING ** THE CREEK COUNTY ELECTION BOARD HAS HANDED ME THE ENCLOSED COPY OF A NOTIFICATION AND DECLARATION FILED BY J. W. DODSON, FOR THE OFFICE OF COUNTY COMMISSIONER, WITH THE REQUEST THAT I OBTAIN AN OPINION FROM YOU AS TO WHETHER HIS CANDIDACY SHOULD BE ON THE COUNTY BALLOT THIS FALL. ALTHOUGH THE DATES SHOWN IN THE APPLICATION MENTION MAY 30, IT WAS ACTUALLY FILED ON APRIL 30, AND THERE IS NOT QUESTION AS TO THAT MATTER . . . . 26 O.S.H. 162(A), 26 O.S....
OPINION — AG — ** TWO QUESTIONS ** (1) CAN A COUNTY LEGALLY ENTER INTO AN AGREEMENT WITH THE HIGHWAY DEPARTMENT (DEPARTMENT OF TRANSPORTATION) TO PERFORM WORK OR FURNISH MATERIALS ON STATE HIGHWAYS WITHIN THE COUNTY (2) CAN THE DEPARTMENT OF HIGHWAYS PROPERLY PAY THE COUNTY EITHER IN WHOLE OR IN PART FOR THE PERFORMANCE OF SUCH WORK OR FOR THE MATERIALS FURNISHED — THE DEPARTMENT OF HIGHWAYS HAS THE AUTHORITY TO ENTER INTO CONTRACTS FOR THE CONSTRUCTION AND MAINTENANCE OF THE STATE HIGHWAY...
OPINION — AG — THE STIPULATION IS INVALID WHEN IT PROVIDES THAT A TEACHER WILL " AUTOMATICALLY LOSE " TEN PERCENT OF HIS ENTIRE ANNUAL SALARY IF HE " DOES NOT FINISH TEACHING A FULL CONTRACTED YEAR " (TEACHER, SALARY, CONTRACT, STIPULATION, COMPENSATION, DAMAGES) CITE: 15 O.S.H. 213 70 O.S.H. 6-1, 70 O.S.H. 6-2 (NON PREFORMANCE, CONTRACT) (J. H. JOHNSON)
OPINION — AG — ** ABSENTEE BALLOTS ** THE SECRETARY OF THE COUNTY ELECTION BOARD OF HARPER COUNTY SHOULD WITHIN TEN DAYS AFTER EACH ELECTION ADVISE IN WRITING THE PRECINCT REGISTRAR OF EACH ABSENTEE VOTER'S PRECINCT OF THE COUNTY OF EACH ELECTOR OF SAID PRECINCT WHO TIMELY VOTED A LEGAL ABSENTEE BALLOT, BUT THAT SAME WOULD NOT INCLUDE AN ABSENTEE BALLOT THAT WAS RECEIVED BY THE COUNTY ELECTION BOARD " AFTER 7:00 PM ON THE ELECTION DAY " NOR AN ABSENTEE BALLOT THAT WAS NOT SUBSCRIBED AND SWORN...
