OPINION — AG — ** DEFINITIONS — ELIGIBILITY ** A JUDGE (UNDER THE AGE OF SIXTH FIVE) WHO WILL HAVE SERVED TWENTY(20) YEARS AS JUDGE WITHIN THE MEANING OF THE SO CALLED SUPERNUMERARY JUDGE LAW AT THE TERMINATION OF THE CURRENT TERM OF OFFICE, BUT WHO WILL NOT HAVE COMPLETED TWENTY(20) YEARS OF SUCH SERVICE AT A TIME TWELVE MONTHS PRIOR TO THE END OF SUCH TERM OF OFFICE WILL NOT BE ELIGIBLE TO BECOME A SUPERNUMERARY JUDGE. IN OTHER WORDS, THE FULL TWENTY(20) YEARS OF SERVICE OF A JUDGE UNDER THE...
OPINION — AG — ** CAPITAL IMPROVEMENTS ** OPINION DEALING WITH THE OKLAHOMA PLANNING AND RESOURCES BOARD MAY EXPEND THE ITME OF APPROPRIATION FOR CAPITAL IMPROVEMENTS "AT OLD BOGGY DEPOT" . . . CITE: 74 Ohio St. 351 [ 74-351 ](B) 74 Ohio St. 356 .2 [ 74-356.2 ] (JAMES C. HARKIN)
OPINION — AG — ** FREE FAIR BOARD — BUILDING — LEVY ** OPINION DEALING WITH THE QUESTION OF WHETHER OR NOT 2 Ohio St. 108 [2-108] IS APPLICABLE IN A SITUATION WHERE A COUNTY HAS ALREADY ACQUIRED A PERMANENT FREE FAIR SITE AND HAS CONSTRUCTED A BUILDING OR BUILDINGS THEREON FOR FREE FAIR PURPOSES, AND DESIRES TO PROVIDE A FUND FOR THE CONSTRUCTION, ON THE FREE FAIR GROUNDS, OF AN ADDITIONAL BUILDING OR ADDITIONAL BUILDINGS FOR FREE FAIR PURPOSES; AND, IF SO, WHETHER NOR NOT THE ANNUAL ' LEVY '...
OPINION — AG — ** TEACHERAGE — BUILDING ** A TEACHERAGE FOR A SCHOOL DISTRICT CAN BE ERECTED FROM THE PROCEEDS OF BUILDING LEVIES MADE UNDER THE PROVISIONS OF ARTICLE X , SECTION 10 OKLAHOMA CONSTITUTION. THE FOREGOING IS ON THE ASSUMPTION THAT THE BUILDING FUND LEVIES WERE VOTED ONLY FOR THE BUILDING FUND OF THE DISTRICT AND NOT FOR A RESTRICTED PURPOSE WHICH WOULD EXCLUDE THE USE THEREOF FOR THE ERECTION OF A TEACHERAGE. (CONSTRUCTION, SCHOOL BUILDING, VOTERS, ELECTION, PURCHASE, SCHOOLHOUSE)...
OPINION — AG — ** STATE HOSPITAL — SOVEREIGN IMMUNITY ** (1) OFFICERS AND EMPLOYEES OF THE STATE, CONNECTED WITH THE OPERATION OF THE OKLAHOMA GENERAL HOSPITAL AT CLINTON, OKLAHOMA, ARE 'NOT' EXEMPT FROM LAW SUITS, AND CAN BE REQUIRED TO RESPOND IN DAMAGES CAUSED BY THEIR NEGLIGENT OR WRONGFUL ACTS TO PATIENTS OF SUCH INSTITUTION, AND THAT HE FACT THAT IN SO DOING THEY MIGHT BE ACTING FOR SUCH INSTITUTION IS IMMATERIAL. OF COURSE, THE SUCCESS OF ANY SUCH LAW SUIT BROUGHT AGAINST SUCH OFFICERS...
OPINION — AG — ** REGISTERING COUNTY WARRANTS — CLAIMS ** FACTS OF OPINION: UNDER DATE OF NOVEMBER 22, 1957 — YOU (AG OFFICE) ISSUED ITS OFFICIAL OPINION AS TO THE DUTY OF A COUNTY CLERK AND A COUNTY TREASURER IN ATTESTING AND REGISTERING COUNTY WARRANTS WHICH HAVE BEEN ISSUED AFTER APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS, AND WHICH CLAIMS AROSE UNDER AN ACT OF THE LEG. WHICH THIS OFFICE HELD UNCONSTITUTIONAL IN AN OPINION NO. OCTOBER 21, 1957 — WILSON, AND AN OPINION NO. NOVEMBER 8, 1957...
OPINION — AG — ** REGISTERING WARRANTS — COUNTY OFFICERS ** QUESTION(1): MAY THE COUNTY CLERK, WITHOUT INCURRING LIABILITY, ISSUE AND ATTEST A WARRANT ORDERED DRAWN BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO A CLAIM BASED ON A LOCAL AND SPECIAL LAW HELD UNCONSTITUTIONAL IN THE OPINION NO. OCTOBER 21, 1957 AND OPINION NO. NOVEMBER 8, 1957, WHERE SAID COUNTY CLERK HAS KNOWLEDGE OF SAID OPINIONS QUESTION(2): MAY THE COUNTY TREASURER, WITHOUT INCURRING LIABILITY, REGISTER AND PAY A WARRANT...
OPINION — AG — ** CONTRACT — OKLAHOMA PLANNING AND RESOURCES BOARD ** THE OKLAHOMA PLANNING AND RESOURCES BOARD COULD NOT BIND THE STATE OF OKLAHOMA BY A PROVISION IN A CONTRACTOR SUCH AS THE ONE MENTIONED HEREINABOVE, TO THE EFFECT THAT THE STATE WOULD HOLD THE OTHER PARTIES TO SUCH CONTRACT HARMLESS FROM ANY DAMAGES THAT MIGHT RESULT TO OTHERS FROM NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE OR OPERATION OF THE WATER DIVERSION PROJECT CONTEMPLATED BY SUCH CONTRACT. (CHANNEL ON LANDS BELONGING...
OPINION — AG — ** APPOINTMENT — COUNTY ATTORNEY — QUALIFICATION ** UNDER 19 Ohio St. 179 .7 [ 19-179.7 ], A PERSON'S APPOINTMENT AS ASSISTANT COUNTY ATTORNEY (ASSISTANT DISTRICT ATTORNEY) WOULD BE VALID ONLY IF, BUT ONLY IF: (1) THE POSITION OF ASSISTANT COUNTY ATTORNEY TO WHICH HE HAS BEEN APPOINTED, AND THE COMPENSATION THEREOF (NOT EXCEEDING 90% OF THE SALARY OF THE COUNTY ATTORNEY) HAD BEEN PROPOSED, AND THE NEED THEREFOR ESTABLISHED, BY THE COUNTY ATTORNEY; AND THE BOARD OF COUNTY...
OPINION — AG — ** PUBLICATION — LEGAL NOTICES ** QUESTION: CAN A SHORT FORM, SUMMARY TYPE PUBLICATION OF CLAIMS AND EXPENDITURES IN THE PUBLICATION PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS COMPLY WITH THE REQUIREMENTS OF 19 Ohio St. 444 [ 19-444 ] (OFFICIAL PROCEEDINGS, PUBLICATION, NEWSPAPERS) — NEGATIVE CITE: OPINION NO. MARCH 2, 1955 — GARRISON OPINION NO. MARCH 7, 1951 — PICKERING, 19 Ohio St. 444 [ 19-444 ] (JAMES P. GARRETT)
OPINION — AG — ** THE OKLAHOMA PLANNING AND RESOURCES BOARD COULD NOT BIND THE STATE OF OKLAHOMA BY PROVISIONS OF A CONTRACT SUCH AS THE ONE MENTIONED HEREINABOVE, TO THE EFFECT THAT THE STATE WOULD HOLD THE OTHER PARTIES TO SUCH CONTRACT HARMLESS FROM ANY DAMAGES THAT MIGHT RESULT TO OTHERS FROM NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE OR OPERATION OF THE WATER DIVERSION PROJECT CONTEMPLATED BY SUCH CONTRACT. (SOVEREIGN IMMUNITY, STATE OFFICERS, TORT FEASOR) CITE: 74 Ohio St. 356 .2 [ 74-...
OPINION — AG — ** COUNTY EXCISE — COUNTY COMMISSIONERS — BUDGET ** QUESTIONS ASKED: (1) POWERS AND DUTIES OF THE EXCISE BOARD AND COUNTY COMMISSIONERS IN THE PREPARATION OF THE ANNUAL COUNTY BUDGET (2) CAN COUNTY OFFICIALS SO THAT THEY MAY MAINTAIN THEIR MEMBERSHIP IN THEIR RESPECTIVE STATE ASSOCIATIONS (3) THE MEDICAL FEES OF DOCTORS EMPLOYED TO EXAMINE JUVENILE DELINQUENTS UNDER AUTHORITY OF 10 Ohio St. 114 .2 [ 10-114.2 ] MAY BE PAID FROM THE COUNTY COURT FUND, . . . SEE OPINION (COUNTY...
OPINION — AG — ** ELECTION BOARD — EMPLOY CLERKS ** THE COUNTY ELECTION BOARD OF A COUNTY IN WHICH SENATE BILL NO. 260 IS APPLICABLE, IS AUTHORIZED BY SECT. 20 OF SAID ACT (WITHOUT APPROVAL BY, OR AUTHORITY FROM, THE BOARD OF COUNTY COMMISSIONERS) TO EMPLOY A CLERK OR CLERKS TO ASSIST THE SECRETARY OF SAID COUNTY ELECTION BOARD, AND TO FIX THE AMOUNT OF COMPENSATION PAYABLE TO ANY SUCH CLERK; AND THAT, IF THE COUNTY ELECTION BOARD INCLUDES IN ITS ESTIMATE OF NEEDS FOR ANY FISCAL YEAR, BEGINNING...
OPINION — AG — ** UNCONSTITUTIONAL — URBAN RENEWAL ACT ** THE SAID 1957 " URBAN RENEWAL ACT " IS VIOLATIVE OF ARTICLE V , SECTION 59 , OKLAHOMA CONSTITUTION IS NOT A VALID ENACTMENT. (SLUM AND BLIGHTED AREAS IN STATE, ONLY SEVENTEEN COUNTIES UNDER STATUTE) CITE: 11 Ohio St. 1502 [11-1502], ARTICLE V, SECTION 32, ARTICLE V, SECTION 46, ARTICLE V, SECTION 59 (J. H. JOHNSON)
OPINION — AG — ** PENSIONS — FIREMEN'S RELIEF AND PENSION FUND ** FROM AND AFTER THE EFFECTIVE DATE THEREOF (JUNE 4, 1957), SECT. 1 OF SENATE BILL NO. 430 ( 11 Ohio St. 345 [11-345]) AUTHORIZES RETIREMENT PENSIONS UP TO, BUT NOT IN EXCESS OF, $50.00 PER MONTH (IN THE CIRCUMSTANCES PRESCRIBED) FOR ALL RETIRED FIREMEN WHO ARE ELIGIBLE TO RECEIVE A RETIREMENT PENSION UNDER THE FIREMEN'S RELIEF AND PENSION FUND LAW, WHETHER THEY RETIRE ON, OR AFTER, OR PRIOR TO, THE EFFECTIVE DATE OF SAID 1957 ACT,...
OPINION — AG — ** SALARIES — JUDGES ** THE AG HAS RECENTLY EXPRESSED THE VIEW THAT SEVERAL BILLS ENACTED BY THE 26TH OKLAHOMA LEGISLATURE, WHICH ARE SIMILAR TO SENATE BILL NO. 63 IN THIS RESPECT, ARE UNCONSTITUTIONAL SPECIAL LAW, LOCAL LAWS. (ANNUAL SALARY, ADDITIONAL DUTIES, COURT FUND) CITE: 74 Ohio St. 250 .2 [ 74-250.2 ], ARTICLE V, SECTION 32, ARTICLE V, SECTION 46, ARTICLE V, SECTION 59 (RICHARD M. HUFF)
OPINION — AG — ** PRECINCT REGISTRAR — DUAL OFFICE HOLDING ** A PRECINCT REGISTRAR APPOINTED UNDER THE PROVISIONS OF 26 Ohio St. 93 .3 [ 26-93.3 ] MAY BE APPOINTED AS A COUNTER UNDER THE PROVISIONS OF 26 Ohio St. 361 [ 26-361 ] ; BUT THAT, UNDER THE PROVISIONS OF 51 Ohio St. 6 [ 51-6 ] IF SUCH REGISTRAR IS APPOINTED AS COUNTER, AND ACCEPTS AND ENTERS INTO SUCH LATTER OFFICE, HE WILL IPSO FACTO VACATE HIS OFFICE AS PRECINCT REGISTRAR. (DUAL OFFICE HOLDING, COUNTY, ELECTION BOARD) CITE: 51 Ohio...
OPINION — AG — ** COUNTY SCHOOL SUPERINTENDENT — SALARY — TAX ** THIS OPINION RECANTS OPINION NO. APRIL 26, 1957 — JENNER DEALING WITH THE QUESTION OF THE COUNTY SCHOOL SUPERINTENDENT TAX LIABILITY — IS IT A STATE LIABLITY OR A COUNTY LIABILITY — OPINION STATED: "ALL CONTRIBUTIONS FOR THE COUNTY SUPERINTENDENT OF A COUNTY UNDER THE FEDERAL INSURANCE CONTRIBUTIONS ACT SHOULD BE MADE FROM COUNTY FUNDS, AND THAT SUCH CONTRIBUTIONS ARE NOT PAYABLE FROM STATE FUNDS." (APPROPRIATION, COUNTY,...
OPINION — AG — ** INTERSTATE COMPACT — WATER RESOURCES BOARD ** UNDER THE PROVISIONS OF 82 Ohio St. 482 [ 82-482 ](5) AND 74 Ohio St. 3 [ 74-3 ] THE OKLAHOMA WATER RESOURCES BOARD IS AUTHORIZED ON ITS OWN MOTION TO ENTER INTO INTERSTATE WATER COMPACTS FOR THE STATE OF OKLAHOMA, SUBJECT TO FINAL APPROVAL AS ET FORTH IN 82 Ohio St. 482 [ 82-482 ](5); AND THAT SAID SECTION CONTEMPLATES THAT SUCH INTERSTATE COMPACTS OF SAID BOARD ACTING UNDER THE DIRECTIONS OF SAID BOARD. (AUTHORITY, AGREEMENTS,...
OPINION — AG — ** PRISONERS — MAINTENANCE — PAYMENTS ** UNDER THE PROVISIONS 19 Ohio St. 180 .43 [ 19-180.43 ], AS AMENDED, THE SHERIFF IS TO BE PAID BY THE COUNTY FOR KEEPING, FEEDING AND MAINTAINING PRISONERS, THE SUM OF ONE($1.00) DOLLAR FOR EACH DAY, OR PORTION OF DAY, DURING WHICH THE PRISONER IS IN HIS CUSTODY, REGARDLESS OF WHETHER OR NOT A MEAL OR MEALS IS ACTUALLY SERVED DURING SAID TIME. IT WOULD FOLLOW, UNDER THIS OPINION, THAT A PRISONER AT TEN O'CLOCK AT NIGHT AND RELEASED THE...
