OPINION — AG — ** STATE TREASURY, DEBENTURES ** IN CONSIDERATION OF THE PRINCIPLES OF LAW ANNOUNCED BY OUR STATE CONSTITUTION PROVISIONS CITED THEREIN PREVENT STATE OF OKLAHOMA FROM APPROPRIATING MONEY IN THE STATE TREASURY TO BE USED PURCHASING UP TO $1,000,000 OF DEBENTURES OF THE OKLAHOMA INDUSTRIAL DEVELOPMENT CREDIT CORPORATION (A PRIVATE DOMESTIC CORPORATION), SAID MONEY TO BE USED BY SAID CORPORATION, ALONG WITH OTHER FUNDS, IN MAKING LOANS SUCH AS REFERRED. (LEGISLATURE APPROPRIATION OF...
OPINION — AG — ** PUBLIC FUNDS — WORKMEN'S COMPENSATION ** (1) THE OKLAHOMA MILITARY ACADEMY IS AN EDUCATIONAL INSTITUTION ESTABLISHING UNDER AUTHORITY OF ARTICLE XXI , SECTION 1 OKLAHOMA CONSTITUTION, AND THAT AS CREATED AND CONDUCTED PURSUANT TO 70 Ohio St. 1551 [ 70-1551 ], IT CONSTITUTES A GOVERNMENTAL FUNCTION OF THE STATE OF OKLAHOMA. THE OPERATION OR CONDUCTING OF A SCHOOL IS NOT LISTED AS ONE OF THE HAZARDOUS OCCUPATIONS COVERED BY THE WORKMEN'S COMPENSATION ACT UNDER 85 Ohio St. 2 [ 85-...
OPINION — AG — ** QUESTION(1): ARE THE RECEIVING (ANNEXING) DISTRICTS LIABLE UNDER THE TERMS OF THE SAID CONTRACT FOR THE MONTHLY SALARY PROVIDED FOR THEREIN — THE ANNEXING DISTRICTS REFERRED TO IN YOUR LETTER WOULD BE OBLIGATED TO PERFORM AND LIABLE FOR THEIR FAILURE TO PERFORM THE TERMS OF THE CONTRACT REFERRED TO IN YOUR LETTER. QUESTION(2): IF SO, WHAT PORTION OF SUCH LIABILITY SHOULD BE BORNE AND PAID BY EACH OF THE RECEIVING DISTRICTS — 70 Ohio St. 7-4 [70-7-4](B) PROVIDES THAT THE...
OPINION — AG — ** SPECIAL ELECTION — LEGISLATIVE DISTRICT ** " AN OPINION ON THE LEGALITY OF SPECIAL ELECTION FOR THIS SENATORIAL DISTRICT RECENTLY CALLED BY GOVERNOR GARY. SINCE OKMULGEE COUNTY FUNDS WOULD BE EXPENDED I HAVE BEEN CALLED UPON A LEGAL ADVISOR FOR THE COUNTY ELECTION BOARD TO RENDER AN OPINION UPON THE NECESSITY OF AND THE LEGALITY OF SAID ELECTION. CITE: ARTICLE VI, SECTION 5, ARTICLE V, SECTION 30, ARTICLE V, SECTION 20, 26 Ohio St. 541 [ 26-541 ], 26 Ohio St. 113 [ 26-113 ] (...
OPINION — AG — ** 26 Ohio St. 392 [ 26-392 ] DEALING WITH " NO CERTIFICATE OF ELECTION SHALL BE ISSUED BY THE COUNTY ELECTION BOARD WITHIN A PERIOD OF SIXTEEN DAYS FOLLOWING ANY GENERAL ELECTION, WITHIN AND FOR SUCH COUNTY * * * (CANVASS THE RETURNS OPINION DEALING WITH SUBJECT MATTER: RECOUNT, SECRETARY OF ELECTION BOARD, RESULT, FILE, ISSUE CERTIFICATES, CITE: 25 Ohio St. 82 .1, 26 Ohio St. 113 [ 26-113 ], 26 Ohio St. 392 [ 26-392 ] (FRED HANSEN)
** REAPPORTIONMENT — CONGRESSIONAL DISTRICTS — LEGISLATIVE DISTRICTS ** ** MEMORANDUM IN CONGRESSIONAL REDISTRICTING CASE ** MEMORANDUM DEALS WITH INITIATIVE PETITIONS AND SPECIAL ELECTIONS GRANTED BY THE GOVERNOR. CITE: ARTICLE V, SECTION 2, ARTICLE V, SECTION 3, ARTICLE XXIV, SECTION 1, 34 Ohio St. 12 [ 34-12 ], 34 Ohio St. 25 [ 34-25 ] (FRED HANSEN)
OPINION — AG — ** CONTRACTS — STATUTE OF LIMITATIONS ** THE FIVE YEAR STATUTE OF LIMITATIONS ON ACTIONS ON ANY CONTRACT, AGREEMENT OR PROMISE IN WRITING, PRESCRIBED IN 12 Ohio St. 95 [ 12-95 ], AND THE FIRST SUBDIVISION THEREOF, IS APPLICABLE TO AN ACTION UPON INTEREST COUPONS ATTACHED TO GENERAL OBLIGATION BONDS OF A COUNTY, SUCH A COUNTY ROAD BONDS ISSUED UNDER THE AUTHORITY OF THE STATUTES WHICH NOW APPEAR AS 69 Ohio St. 161 [69-161] THRU 69 Ohio St. 170 [69-170], AND THAT SAID STATUTE OF...
OPINION — AG — ** COUNTY BONDS — COURTHOUSE ** THE MATTER OF THE ISSUANCE OF COUNTY BONDS FOR THE CONSTRUCTION OF A NEW COURTHOUSE (AS PROVIDED FOR IN 19 Ohio St. 734 [ 19-734 ], 19 Ohio St. 738 [ 19-738 ] [ 19-738 ]) AND THE MATTER OF THE ISSUANCE OF COUNTY BONDS FOR THE CONSTRUCTION OF COUNTY HIGHWAYS OR BRIDGES (AS PROVIDED FOR IN 69 Ohio St. 161 [69-161], 69 Ohio St. 170 [69-170]) MAY NOT BE SUBMITTED TO THE VOTERS OF A COUNTY AS A SINGLE PROPOSITION, EITHER AT A GENERAL ELECTION OR AT A...
OPINION — AG — ** DUAL REGISTRAR ** QUESTION(1): CAN THE COUNTY ELECTION REGISTRAR APPOINT SEVERAL CITY REGISTRAR (MUNICIPAL) UNDER STATUTE TO CARRY OUT REGISTRATION AT SEVERAL POINT SIMULTANEOUSLY — NEGATIVE, QUESTION(2): MAY THE SINGLE CITY OR TOWN REGISTRAR EMPLOY AGENTS TO CARRY OUT HIS DUTIES SIMULTANEOUSLY AT DIFFERENT POINTS — NEGATIVE (ASSIST IN REGISTERING ELECTORS) CITE: 26 Ohio St. 77 [26-77], 26 Ohio St. 96 .1 [ 26-96.1 ] (FRED HANSEN)
OPINION — AG — ** TEACHER'S RETIREMENT SYSTEM — ALLOWANCE ** THE BOARD OF TRUSTEES OF THE TEACHER'S RETIREMENT SYSTEM SHOULD CONTINUE TO FOLLOW ITS (STATUTE) CONSTRUCTION OF THE PERTINENT STATUTES, UNTIL THE LEGISLATURE DECREE OTHERWISE OR A COURT OF COMPETENT JURISDICTION PROVIDES OR DECREE OTHERWISE; AND, IN THE SITUATION SET FORTH, SHOULD `NOT' PAY ANY MORE THAN $100.00 REGULAR MONTHLY INSTALLMENT OF THE SERVICE RETIREMENT ALLOWANCE THAT WAS PAID ON THE FIRST DAY OF THE MONTH FOLLOWING THE...
OPINION — AG — ** POLITICAL AFFILIATION — CHANGE OF POLITICAL STATUS ** QUESTION: IF AN ELECTOR IS VALIDLY REGISTERED AS A MEMBER OF PARTY 'A' AND RE REGISTERS CHANGING HIS AFFILIATION TO PARTY 'B' LESS THAN NINETY DAYS BEFORE THE REGULAR PRIMARY, AND AN UNIFORMED REGISTRAR ALLOWS TO HIM TO CHANGE HIS PARTY, WHAT WILL BE THE PRESENT STATUS OF THIS ELECTOR — ANSWER: SAID ELECTOR IS NO LONGER REGISTERED AS A MEMBER OF PARTY 'A' AND IS ILLEGALLY REGISTERED AS A MEMBER OF PARTY 'B'. (CHANGING...
OPINION — AG — ** DEPARTMENT OF PUBLIC SAFETY — DAMAGES — JUDGMENT ** WHERE THE REGISTRATION OR REGISTRATIONS, AND OPERATING LICENSE, (DRIVERS LICENSE) OF A RESIDENT OF THIS STATE HAS BEEN SUSPENDED BY THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY, AS PROVIDED FOR IN 47 Ohio St. 513 [ 47-513 ], FOR FAILURE TO SATISFY A JUDGMENT AGAINST SUCH PERSON FOR DAMAGES GROWING OUT OF A MOTOR VEHICLE ACCIDENT INVOLVING A MOTOR VEHICLE OWNED AND OPERATED BY SUCH PERSON, AND, BEFORE SUCH JUDGMENT HAS...
OPINION — AG — ** OUSTER CHARGES — INVALID CLAIMS ** THE AUTHORITY OR JURISDICTION TO COMMENCE A OUSTER CHARGE RESTS WITH SQUARELY UPON THE DESIGNATED COUNTY OFFICERS AND THEY ARE EMPOWERED TO CONSIDER AND TAKE ACTION NOW OR AT ANY TIME IN THE NEAR FUTURE, AS TO ANY AUDIT IRREGULARITIES. (COUNTY COMMISSIONER AS A PARTY CHARGED, ATTORNEY GENERAL DOES NOT UNDER 19 Ohio St. 177 .8 [ 19-177.8 ] TO START ACTION FOR THE OUSTER OF A COUNTY OFFICER UNTIL SIX MONTHS AFTER RECEIPT OF A COPY OF REPORT)...
OPINION — AG — ** HOURS — TIME — SALE OF NON INTOXICATING LIQUOR ** WE REQUIRE AN INTERPRETATION OF 37 Ohio St. 213 [ 37-213 ] . (LICENSE, ALCOHOLIC BEVERAGES, OPINION NO. NOVEMBER 7, 1951 — GRISBY, SERVING) (FRED HANSEN)
OPINION — AG — ** ELECTION BOARD — CONFLICT OF INTEREST ** QUESTION(1): WHERE THE COUNTY CLERK HAS BEEN RE NOMINATED BY HIS POLITICAL PARTY FOR THE SAME OFFICE, IS HIS BROTHER'S WIFE DISQUALIFIED FROM SERVING ON THE COUNTY ELECTION BOARD — AFFIRMATIVE, QUESTION(2): WHERE ALL COUNTY COMMISSIONERS OF THE COUNTY HAVE BEEN RE NOMINATED BY THEIR POLITICAL PARTY OF THE BOARD OF COUNTY COMMISSIONERS (ONE WHO WORKS TO MAINTAIN THE COUNTY ROADS) DISQUALIFIED TO SERVE ON THE COUNTY ELECTION BOARD —...
OPINION — AG — ** EXAMINATION OF COUNTY TREASURER BOOKS, RECORDS ** OPINION DEALING WITH THE STATE EXAMINER AND INSPECTOR EXAMINATION OF COUNTY TREASURER BOOKS AND ACCOUNTS AND QUESTION ARISING IN CONNECTION WITH THE SAFEKEEPING, BY COUNTY TREASURER, OF SECURITIES PURCHASED WITH SINKING FUND MONEY IN THEIR CUSTODY. (PUBLIC FUNDS, CUSTODY, RECORDS, PUBLIC INSPECTION, INVESTING PUBLIC MONEY) CITE: 19 Ohio St. 111 [ 19-111 ], 19 Ohio St. 622 [ 19-622 ] [ 19-622 ], 62 Ohio St. 435 [ 62-435 ], 62...
OPINION — AG — ** ELECTION — PRIMARY ** QUESTION(1): SHOULD (COUNTY) CANDIDATES WHO WERE UNOPPOSED AT THE FIRST PRIMARY AND WHOSE NAMES DID NOT APPEAR ON A BALLOT, BE PROSECUTED UNDER THE 26 Ohio St. 402 [ 26-402 ] (EXPENDITURE REPORTS, REPORT CAMPAIGN CONTRIBUTIONS — REPEALED — FAILURE TO FILE) — NEGATIVE, QUESTION(2): DO YOU THINK THAT A FILING OF THE EXPENSE ACCOUNT REQUIRED BY 26 Ohio St. 402 [ 26-402 ] WOULD BE IN SUBSTANTIAL COMPLIANCE WITH THE LAW IF FILED WITHIN TEN (10) DAYS AFTER THE...
OPINION — AG — ** FUNDS — LEASE LAKE ** QUESTION: OUR GAME AND FISH COMMISSION (WILDLIFE CONSERVATION COMMISSION) WOULD LIKE TO HAVE AN OPINION AS TO WHETHER OR NOT IT WOULD BE LEGAL FOR THE GAME AND FISH DEPARTMENT TO USE THEIR FUNDS IN LEASING LAKES BUILT FOR INDIVIDUALS BY THE SOIL CONSERVATION SERVICE, IN ORDER TO USE THESE LAKES FOR PUBLIC FISHING AND RECREATION. (PUBLIC LANDS, WATERS, JURISDICTION, AUTHORITY) CITE: 29 Ohio St. 106 [29-106] (RICHARD M. HUFF)
OPINION — AG — ** JUSTICE OF THE PEACE — SHERIFF — FEES ** WARRANTS ISSUED BY THE JUSTICE OF THE PEACE (ARREST WARRANTS) SHOULD BE EITHER DIRECTED TO THE SHERIFF OR CONSTABLE OF THE COUNTY. CITE: 28 Ohio St. 39 [ 28-39 ], 39 Ohio St. 495 [ 39-495 ], 39 Ohio St. 611 [ 39-611 ] (OWEN J. WATTS)
OPINION — AG — ** BOARD OF CONTROL — PATIENTS — ADMITTED ** IN A COUNTY IN WHICH A COUNTY HOSPITAL HAS BEEN ESTABLISHED UNDER THE PROVISIONS OF 19 Ohio St. 781 [ 19-781 ] THRU 19 Ohio St. 793 [ 19-793 ], THE BOARD OF CONTROL OF SAID HOSPITAL HAS THE DUTY AND AUTHORITY TO DETERMINE AND CERTIFY WHO SHALL BE ADMITTED TO SUCH COUNTY HOSPITAL AND CARED FOR FROM THE '1/2 MILL APPROPRIATION ( 19 Ohio St. 786 [ 19-786 ] AND 62 Ohio St. 331 [ 62-331 ]) TO THE COUNTY HOSPITAL FUND ( 19 Ohio St. 790 [ 19-...
