Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-10-05
CRUCE' 5 CUSTER
implied By West
ATTORNEY-CENERAL WRITES As
Much 10 GOVERNOR.
BREAK ON SCHOOL FUNDS
state Prosecutor Thinks His Opinion
Shold BE Followed as 10
Who COntrO ;.

! Oklahoma City, Okla, oct A.
IN letter that Governor Cruce re-
coyed today Attorney General West
strongly implied that the governor
and the membcrs of the school land
commission should be removed from
office If they persisted in disregard
ing Vests opinion that the several
millions Of state school funds legal
49, should be controlled and managed
by the state treasurer rather than
the school land commission.
The letter comes as the latest de-
velopment in the controversy between
the state treasurer and the school land
commission involving the power 10
designate the banks in which the state
sohool funds should be deposited At
torney- General West gave it as his
opinion on August -, that the treas
urer Robert Dunlop is the legal au-
thority to control and dispose Of the
funds.
Governor Cruce left the city shortly
thereafter and the matter was not
taken up by the commission until his
return a fortnight ago. AT meeting
then, 1t was decided on the advice Of
the commissions paid attorney that
the commission would continue to
control the funds. The governor wrote
Attorney General West and Treasurer
Dunlop, suggesting that a friendly
suit be brought to test the question
in the courts, and Vests letter comes
ps reply to that communication.
Treasurer Dunlop has solved two
notices on the commission, demanding
that the funds be turned over to him,
and refused to honor land commission
checks for the last semi-annual ap-
portionment. In other respects, the
money is being disbursed as in the
past.
The attorney-general, In his COM
munication, acknowledged receipt OF
the governors letter stating that he
had determined not to comply with
Vests legal advice on the disposition
of the school funds.
The president recently, under sim
ilar circumstances, says West, sta
ted that an officer who knowingly
and Intentionally persisted in a course
of conduct held by the attorney-gen-
eral to be illegal, ought to be re-
moved from office"
There is no provision by law for APP
peal from his opinion to the courts,
West says, and this means that his
advice should be followed by the state
officers. The states attorney takes
up the governors statement that the
school land commission was acting on
the advice Of it's paid attorney" and
observes that ii is the duty of his Of
flee and no one else to determine what
should be the legal action of the state
Officers. He added that on December
20, 1908, he informed the board that
1t was not authorized to employ an at
torney, and, Of course, had no power
to pay one. When he was convinced
that the board did not intend to fol-
low his advice, West asserted, he
would take the necessary steps to
protect the public funds from illeg-
al expenditure" 1t had already been
decided by the courts that 1t was IL
legal to withhold the school funds
from the treasurer, he added.
"Of course, the proper distribution
of the funds, and the discharge of the
paid attorney, can be made by the
board at once" concluded West.
Copies of the letter, and Vests OPP
inion of August 12 1911, and Decem-
Der 1908, We're sent to each member of
the school land commission, Governor
Cruce, Secretary Harrison. Treasurer
Dunlop, Auditor Meyer, President G.
T. Bryan of the state board of agri-
culture, and State Superintendent r.
ii. Wilson.