The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-11
OPINION BY COUNTY
ATTORNEY HEPBURNE
Says Enforcement Would Close
Every Separate School in
Logan County


In an opinion rendered on response
10 an inaaire from Neil Humphrey
county superintendent Ok sehoas Of
Logan county County Attoraey James
a. Hepburne holds that IL section .
OF the amended committee substitute
fer House Bill No. 2i-74-3e5 were put
in force in this county it would result
in the closing OF every separate school
in the county. The opinion reads as
follows:
Hon. Neil Humphrey, County Superin-
tendent, Guthrie, Oklahoma
Dear Sir:
/ have your letter OF the Sth instant,
in which you make the following re-
quest for an opinion from this office;
as the enclosed law (amended Com
mittee Eobsdtute for House Bill Nos.
21-74-S65) IN your opinion constitution
al2 Notice 1t makes no provision tor
fixing tax levy or length of school
term. Under this law could the county
commissioners levy o tax for the sup-
port Of separate schools2 W0u'H treas
urer Of separate school district be al
lowed to handle money! III SO from
whom would they be allowed to re-
ceive IT."
Regarding your first question as TO
whether or not this law IN constitu-
tional I Will not give amy opinion for
the reason that this Is a matter that
should be left wholly TO the courts
10 pass upon the constitutlonality oi
laws, and | presume In this case that
viii shortly be done,
The bill with the exception OF Sec
ton 3 maaes no change ia existing
laws The law as it existed before the
passage Of this bill created and made
ample provision for the maintenance
OF separate schools. Section roads
as follows:
''That wherever there shall be es
tablished and maintained "a separate
school, a separate board of school of
ficers shall be elected and chosen fol
the management of such school as is
provided by law for the election 81
other school officers In districts hav
ing separate school boards the electors
0f each separate race shall meet az
now provided by law AT their respec
tive schools for which said directors
are TO be elected and the electors o
one race shall not participate in ans
election pertaining TO the schools q
the other race"
ibis section you win notice pro
yides for the election of separut'
school officers for separate schools
cannot see how this section can be pn
into operation II this section OF thi
law Is put into operation in Logan
county. you would Immediately haV
70 close every separate school IN th
county for the reason that no provls
l0n whatever Is made for the main
tenance az such separate schools. Tn
{nw as It now exists provides tina
the board OF county commissioner
shall issue warrants for the paymen
of teachers Of separate schools, shal
provide a separate building and tha
the board of directors of the schoc
district where any separate school
maintained shall provide for the maiI
tenance of such separate school Sec
finu provides for the election OF
separate board % school Officers IA
such separate school. bnt makes n
provision for the treasurer of sue
separate board 10 have control OF an
funds for thc maintenance of scnarat
schools No provision is made for th
board Of county commissioners 20 j.
sac warrants 10 the maintenance. "a
provision Is made for the reguia
school district board of such distriS
% ISSUE any warrants either for scr
plies furnished for the maintenance
81 such separate school or TO lurnis
funds for the treasurer Of such sepa
ale school board and IN fact Sectio
docs provide that the regular boar
ol siich district shall have nothin
whatever % 40 witl the separai
school hnt leaves the control and mail
tenance of such separate schools eI
cluslvely in ihe hands OF tko sena
ate board of school officers withot
any fnnds TO carry ont the prowsior
Of said section.
n ls the rinion of this office thi
Section 2 of ihc amended committe
lpbsNlnte ior Honse Bnl Nos. 2l-7i-3e
canno' be pu iu ircc for the reaso
thai me same IS imnracticaule, an
Tor the further reason that u Sectio
0es pui m force ia this county
would result in the closing of ever
separate school Ia the county.
H. pecIiullF submificd
JAMES HEPBURN,