The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-31
DEPOSITORY
FOR SCHOOL
LAND FUNDS
1t Shall Be Deposited in Terri
toriaI Depository.
SHALL BE UNDER BOND
Strang Hands Down Opinion
TO Gov ferguson.
SHALL BE UNDER BOND

Guthrie. O T.. Dec. 8o.-Attorusy Cen
eral J. {. strang has handed down an
opinion 70 the Board for Leasing School
authorizing the to instruct the s.c.e.ary
of the board, NJ J. J. Houston. IL turn
over the schooI land funds IN his pos
session 10 the territorial treasurer. c. W.
Rambo, 20 that they may be deposited in
the territorial depositary under bond
The i>2ney is now kept in the Capital
National Bank as q common account. The
secretary of the intsr.1r recently asked
FOR information regarding this matter and
instructed the school iaud board to ask
d bond from the bank holding the school
land fund. This action 9n The part of
lie board solves the Difficulty and mikes
The school land furd safe and held under
bond. The opinion OF Judge Strang IS as
follows:
Guthrie. 0. T., Dec. 90, 1901.
Hon. Thompson B. Ferguson. Governor
Of the Territory OF Oklahoma:
Dear Sir: In compliance with your re-
quest for the opinion Of this office as TO
whether the Board for Leasing School
Lands may turn the money received by
said board out Of the leasing Of said lands
TO the territorial treasurer. 1 have TO say
that by act Of Congress approved May 4,
1894. the leasing Of all school lands ard of
sections 13 and 80 in each township being
respectfully for the university. agricul-
tural colleges and normal schools, and for
public buildings, was placed IN the hands
of board consisting OF the governor,
secretary and public instruction Of tho
Territory of Oklahoma, that in my judg-
ment this power to lease carries with it
the control Of the funds derived from the
leasing of said lands. subject at all times,
a matter of course, until we get state
hood. to the ultimate action of the sec
retary of the interior. which is provided
for by certain rules and regulations pre-
scribed by him.
have examined these rules and regula-
tions and I find nothing Inconsistent with
the power Of the hoard to turn such mon
eys over to the treasury of the territory
except and unless it be found in the last
paragraph Of rule four. which is as fol-
lows
All funds received from the leasing %
any public lands shall be deposited in
some bank or banks designated by the
board IN the names of the board and all
disbursements shall be checks drawn on
said account signed by the secretary and
countersigned by the chairman of the
board" The first part of the last half
of rule four is as follows: 1.-THE separ-
ate accounts for all moneys received from
lands reserved for common schools, col /
ieges and public buildings or other pur-
poses respectfully shall be kept and all
moneys accruing 10 the fund for colleges
and public buildings shall be turned over
TO the treasurer as provided by law and
the money for common schools shall be
turned over TO the said treasurer on the
first day Of each month"
Taking this rule. together and consider
ing it in connection with the authority of
the board and also considering the fact
that the money arising from the several
sources mentioned therein. viii be better
safeguard by being turned over TO the
and by him placed IN the terri
toriaI depository so that it may be covered I
hy q bond, I am satisfied that such action
on the part Of the board would not be
such an infraction of rule four as that (
it would be held 70 be breach Of the in +
structions Of the secretary of the interior. I.
This whole subject matter being under +
the control of the secretary of the inter- '
ior and it being we'll known that he is
anxious that these moneys should be prop
erly safeguarded, ard il being my 5udg- +
ment that such action on the part Of the {
board furnishes the best and surest meth /
Oh for the protection Of said moneys. am +
Of the opinion that the secretary vii i
promptly and gladly approve Of the ac- f
ton of the board in turuin gthis money
over to the treasurer Of the territory. It
must be understood that rul four IS not /
an act Of congress. but is merely IAN in /
struction formulated hy the interior de-
oartment for the leasing Of the school 1
lands and the disposition Of the proceeds 4
arising therefrom and that any modifca-
ion by the board for leasing school lands
which better protects the funds arising
from the leasing OF such lands fail 10 re-
receive the approval and ratification OF
The interior department. These funds
when turned over 70 the treasurer viii
be deposited by him in the territorial
depository a special fgud 20 he held hy
him subject 20 the order Of the board for
easing OF school lands and whenever such
funds are to be distributed. the secretary +
# the board can draw orders which shall
be signed hy himself and cauntersigned ty
.he chairman Ct tae hoard. ou she terri-
-orisl Treasurer for tie disbursement of
SID fund in accordance with the Gistri-
button made hy said board The funds
arising from the leasing ~ lands VIII chen
be- held practically at disposition ~ the
board Ter the leasing " school lands and
st the sans time VIII he protested by be-
ng placed in the hands Of the treasurer
,ud iy him deposited IL the territorial de-
'ository and hy such depository covered