The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1911-09-09
yENABLE
RECEIVES
OPINION
OF the attorney General;
Important to Grady
Co. Districts.

That schoo. districts cannot become
indebted IN excess OF tisir income and
revenue in any year without vote o.
the people and that tae income and
revenue for one year cannot be used
10 pay indebtedness Of a prior year.
is the substance Of an opinion render.
ed by the attorney general In response
10 a request from County Attorney
Venable.
Replying to Mr. Venable's letter Of
August 81. the attorney general sends
a copy Of his opinion rendered TO the
state superintendent covering The
same point The opinion was receiy.
ed by Mr.. venable today. and is as
follows
To the State Superintendent Of Edu-
cation.
Sir:
Receipt is acknowledged OF your
letter OF August 3lst, in which you in
qu're how rural districts can meet
outstanding indebtedness"
You are perhaps in error in assum-
ing that certain pretended indebted
ness is in fact legal Indebtedness A
school district must use lis Income
and revenue for given year to pay
the expenses OF maintaining the.
common schools Of the district for
that year. The Law makes no provis.
Ion for making a tax levy TO pay a de-
ficlt that may occur In a school dis.
trict for the reason that under the law
a school district cannot create a d.
flcit. except In case the district has
made a valid tax levy and warrants
are drawn upon the fund which such
tax levy would be expected to produce.
owing 10 failure 70 colIect taxes. then
IN that event, the difference between
the income and revenue provided.
or authorized. and the income and
revenue as actually collected. repre-
sented by warrants drawn in excess Of
the income and revenue collected and
within the income and revenue autho-
rized, would constitute a valid oOllga.
ton again the district. and might be
termed a deficit Such warrants mlgat
then be funded into bonds under the
provisions Of Art Z. Of Chap OF the
Complied Laws Of Oklahoma. 1909.
Snyder. A school district can only
spend rs authorized income and reve.
nue. IN support OF the common schools
OF the district. when that is spent It
cannot make contracts which bind tho
district. A school district cannot be.
come indebted in any manner for any
purpose to an amount exceeding. IN
any year the income and revenue pro.
vided for such year, without the as
sent OF three-fifths Of the voters there.
OF. voting at an election to be held Tor
that purpose. Individuals are permit.
ted TO incur Indebtedness in excess
OF their income and revenue. but
school districts do not have that pow.
er. so when you speak Of "outstand.
ing indebtedness OF a school district
for a previous year. the statement Of
the case is It's own refutation as here.
inbefore noted. for school district
can only use It's income and revenue,
and when It is exhausted II has no
power to make purchases on credit,
without a vote OF the people.
You ask II such outstanding indebt.
edness can be converted into iudg-
ments. This expedient is resorted 10
in many cases. but if il we're called
to the attention Of the court that sucn
Indebtedness we're not authorized aud
was for that reason void. no Judgment
would be rendered.
Very respectfully,
THE ATTORNEY GENERAL.
BY REEVES