The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-11-01
ATTORNEY GENERALS
DECISION In FULL
Relating TO Proposed ln-
yestment Of Building
Fund

Strang had rendered an opinion inae
the public building fund can not be
Invested in general fund warrants OF
the territ1ry first, because the iegis-
Iature has no authority for snch
aiwslon Of that fund; and second, that
If the legislature had such authority
II has created no practical way by
which such funds can b. invested
below Is given the attorney gen
erals opinion in fun
Your reausst for the opinion Of this
ofice In relation 10 the Investment OF
the pubic building fand Of tns terri .
rstory. in territorial Eve and six per
cent interest bearing warrants and
drawn aeainut the general funa o. The
territory as provided by chapter p Of
the laws Of 1901. is now before me
sBy Act Of Congress. approved
March 3. 1898, raufying the treaty with
the cherokee Indians, the President q
me United states was authorized to
make such reservations Of lands for
public puipes's as he should deem
wise and des rable.
"Bv proclamation made on the 18th
day Of August 1898. opening the che
oltee outlet TO settlement the Presi-
dent OF the United states reserved, in
addition to the reservation Of sections
iG and sc for common school purposes
section 13 IN each township for uni
v6rsity. Agricultural college. and nor
nal school purposes, and section 3S IN
each townsh for public Buildings SUB
iect TO the future action OF Congress.
''By Act Of Congrfss, approved May
4. 1894, the reservations Of sections IL
and 80 as provided for the Presidents
/, proclamation as above staed, was ret
fled This Act provides that the leg
isIature OF tine territory may prescribe
regulations for leasing said lands. to-
gether with sections 10 and &c. II also
provides that unt such legislative ac-
ton. The Governor. Secretary of the
Territory. and superintendent OF Pub
lie Instruction shall constitute a Board
for the Leasing Of said lands under
the rules and regulations heretofore
prescribed by the Secretary of the In
terror for the respective purposes for
which the said reservations were made
"As the result of the above legisa-
ton including the proclamation named
section 80 OF zach township IN the lands
opened by i,Sid proclamation, as well
as In the lands opened under and Dur-
suant to Act OF Congress approved
June 6th. 1900 and a supplement there
70 approved March B. 1901. Is reservel
for public buildings Of the territory
Of Oklahoma ana the future state
thereof.
1T viii be seen that the Board fo
Leasing school Lands was given auth
ority hy Act OF May 18th. 1894 TO le1sI
sections 33 reserved for public bu lding
for The purpose for which said reser
yations We're made. The School Boar,
was therefore authorized 60 lease sall
sections 33 and the money derive,
therefrom, under the law. Constitute
a fund to be held for building pur
poses that IS for the erect on OF publ
buildings ia the territory or futur
state OF Oklahoma. The eg stature o
the territory by chapter 25 Of the Law
OF 1901, proposes to divert this none
10 the payment of the general lndebt
edness OF the territory OF OlSlahomp
While the Act of Congress approve
May 4, 1894 gave the Legislature au
thonty 20 enact regulations for n
leasing OF said lands, 1t did not In n
judgment. authorize the legislature Z
divert the money IN the public buildin
fund to the payment of the general IN
debtedness OF the territory Of Okla
homa If the Legislature had possesse
the power 20 divert said funds and
authorize its investment IN warrant
drawn against the general fund of IN
territory, the Act known as Chapte
20 OF the Laws Of 1901, failed TO pre-
vide a law under and pursuant to whic
the said building fund could be pract
cai,y invested In general fund warrant
OF the territory The Act provides th'
the Treasurer shall purchase the on
standing, general fund warrants of II
territory in the order OF their preset
tation and registration as shown by q
Official records, or as may
shown By such records II the owne
OF any such outstanding warrants sh'
present them Tor registration In Z
future.
''The late Governor, the Honorab
c. M Barnes, the then Territori
Treasurer. r. NJ Thompson. and m
self took this subject up immediate
after the adjournment OF the legislstu
last winter. The said Governor al
Treasurer were anxious TO comply wi
the intent Of said chapter 2b but. "a
er an examination OF the law
reached the conclusion that co
piiance herewith. was wholly imprt
iicable The Act provides as abe
stated. that ;he warrants shah be "a
chased in tae order OF their present
ton and registration. such warral
are out In the hands OF Durchas
scattered an over the country. a p
son owing OF such warrant VIII
10 surrender Il on payment. could p
sent Il 10 the Treasurer but that Ire
urer would not be able 10 purchase /
there were any OF said oussiand
warrants not presented that had b
registered Ia advance OF the warn
prsented and which could be pureha'
There is no method provided In
act for calling IN said Warrants for
chase pursuant thereto and no DO
eixts under said law, 20 secure
1870. ~ aald warrants for