The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-01
WARRAN is FOR
SCHOOL HOUSES
ARE ALL RIGHT
Attorney General Roberts
Gives Important Opinion.
THREE NEW COUNTIES
involved in the Interest of Mr..
Roberts Ruling.

Guthrie, o. T, Dec. 3l.-A question in
volving the legality OF 100000 OF school
warrants in Comanche, Kiowa and Caddo
counties has just been decided by Attor-
ney General J. c. Roberts The opinion
was asked Ly Leo 4. McBrisn. county
superintendent of Comanehe county, and
the attorney. general holds that the war
RI nts are legal. thus sustaining the legal
ity of some $4,000 of warrants in the
three counties. OF course. the amount Is
only approximately determined. but the
estimate is very nearly correct.
The question came up in this way.
School houses had to be built in the new
counties. and all this work had TO he
completed before tax levy, under the
act of congress. could be made. For the
building of these school houses. warrants
have been issued. and il is these that
the attorney general has sustained.
The opinion is in the nature of letter
TO Superintendent McBrian and is In full
as follows;
You ask whether warrants issued by
a school district, prior 10 the first levy
and assessment in this county. are legal
I must assume from your letter. In the
absence Of direct statement to the con-
trary therein contained. that these war
rants were issued by school districts hav
ing a proper legal organization. for a
legal purpose contemplated by statutes.
issued in a legal manner. and were not in
excess of any limitations imposed by
statutes or in excess of the four per cent
limitation fixed by act OF congress. De
f1ri saf has v--bf
might ir any instance arise, l find that
the question for decision here has been
passed upon by the supreme court of the
territory in the case of Hall Lithogrsph-
ing Company VS.. Board Of Commissioners
of Roger Mills County. reported ir the
Eighth Oklahoma 37s That II IL a SINH
lar question decided there TO the one be
fore us. 1 quote a few lines from the
opinion, page 3s4:
:" The only question to be considered
and determined in this case upon the
agreed statement of facts is whether the
plaintiff In error Rodger Mills County.
had the power to create valid indebted
ness and issue warrants as an evidence
thereof. prior TO the making of an assess
ment for territorial and county taxes
within the purview of section of the
act OF congress approved July 30. 1856.
THE court in this case. opinion rem
dered by Judge Hainer. goes exhaust
lively into the question and comes 10 the
conclusion as indicated below:
I'VE therefore hold that the plaintiff
in error, the board of county commits
sioners of Roger Mills county. had the
power to incur a valid indebtedness and
issue warrants as an evidence thereof,
prior TO the making OF an assessment
of the taxable property within said
county for the purpose of territorial and
county taxation. to meet the ordinary and
necessary expenses of carrying on aud
conducting the functions of county gov
ernment: and the incurring Of such an in
debtedness is not in violation Of section
of the act Of congress of July 20, lsSs.
which prescribes among other things. that
no county shall ever become indebted in
excess of four per centum Of the value OF
the taxable property therein TO be ascer-
tanned by the last assessment for terrific
rial and county taxes previous 10 the In
curing OF such Indebtedness
so far as the question PRESENTED BY
YOU is concerned. the decision IS equally
applicable to school districts as IL IS
counties. because the prohibition upon
the incurring OF Indebtedness contained
in the act OF congress referred TO. IS
made by its term. 10 apply 70 school dis
tricts in the same connection that II is
made TO apply to counties.
Il have no inclination to differ or ex-
press a different opinion from that laid
down by the highest court in the terri
tory"