The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-01-10
WARRANTS FOR SCHOOL
HOUSE ARE PROPER
Which is the Late Ruling
Of Attorney General
Roberts

A question involving the legality Of
100000 OF school warrants in Co
nanche. Kiowa and Caddo counties
has Just been decided by Attorney
General ]. c. Roberts. The opinion
was asked by Leo A McBrian. coun
q superintendent of Comanche county
and the attorney general holds tha'
the warraAts are legal thus sustainins
The legality Of some $500 600 OF w,-r-
rants in the three counties or course
she amount is only app oximately de
eermined but the estimate is very
nearly correct.
The que,tioa came up in this way
School houses had TO be built in tho
new counties. and all this work had to
&e completed before a tax levy, ua1-
NJ the act Of congress. could be mada
Eor the building Of these school
Aouses. warrants have been issued
and 81 Is these thaa the attorney gen
'Srai has sustained
The opinion Is in the nature Of a
epties to supe lntendent NJ M,3rian a.
IS in full as follows
"You ask whether warrants Issued
o. a school district, prior to the ars
spvy AID az tessment in this county
ere legal must assume from your
1ettnn III the absence of a direct
statement 10 the contrary therein con
sained. that these warrants were u.s.
sued By chool districts having prop
er legal organization, for a legal pur
noss con emplated by sta;n.es. issued
~ a cgal manner. and were not IN
, .lxreus Of any limitations imposed by
statutes or In excess OF the four per
cent. limitation fixed bgl act of con
Eress. Deprived OF these collatera
pusstions which might In any instance
arise. End that the question for de-
Cision here has been pass upon by
The supreme court OF the territory in
The case ot Hall Lithographing com
lpany VS.. Board Of Commissioners OF
Roger Mills county reported In m
eighth Oklahoma. 3fS That it is
fmiiar qaeaiion decided there to he
ssne before us. quote few lines from
ihc opinion. page SSi:
-a'The only question to be consid r
ed and deie miled n this Gaze upon
the agreed statement of fac.s is
whether he plaintiff IN error Roget
Mile county, had tho power TO or5a'e
q valid indebiedne S, AMI Issue war
'ran's as m evidence hereof prior o
tho making Of an assessment for ter
lriiot1l and county taxe within N
pnnsiew Of section 4 OF the act Of
eoniTsss approved Julo 30 1856
f'rho court in ihi case opinion
rendered by Judge aalner goes ex
anus ,vely into the question and
eones to the conclusion a. Indicated
below.
we therefore hold thas the plain
IN Ia error. the board OF couny com
mltsloners Of Roger Mills county. had
ahe p0wcr to incur a valid indebted |
ness and issue warrants as an evi- !
saence thereof. prior to the making of
an assessment of the taxable prop
erty within said county for the pur-
pose of territorial and county taxa
zion. 70 meet the ordinary and neces-
sassl expenses OF carrying on and con /
slucting the functions of county gov
arnment and the iAcurring of such a.
indebtedness Is not IN violation Of sec
uon Z of th4 act Of congress Of July 1
3e. 1886. which prescribes among 9th |
er things, ,bat no oounty shall ever
become mdaacd in excess OF four
psr ost,um Of the yalue Of the tax
able property therein 20 be ascer ain /
I'd by the last assessment TO- terri
toTisl and county taxes previous 20 /
she incurrine Of such Indebtedness
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