Opinion

Excise Board of Oklahoma County v. Continental Oil

  • 173 Okla. 577
  • 49 P.2d 540
  • 1935 OK 854
  • 1935 Okla. LEXIS 490
Court
Supreme Court of Oklahoma
Filed
Sep 25, 1935
Status
Published
Author
Gibson
On the bench
Welch, McNeill, Osborn, Bayless, Corn, Gibson, Riley, Busby, Phelps
Cited by
3 cases
Authority
More cited than 0.4%

The opinion

GIBSON, J.

(dissenting in part). I concur in the rules of law announced in syllabi 1 to 7, inclusive. I dissent as to the syllabus 8. I concur as to syllabus 9, and agree that the record in this case does not show that the proceeds of the sale of the school building sold by the board of education was placed to the credit of the general fund, and for

*582

that reason the protest was erroneously sustained by the Court of Tax Review. Such proceeds should have been placed to the credit of the sinking fund. Protest of Reid et al., 160 Okla. 3 , 15 P, (2d) 995. The money derived from the sale of the school was not accounted for in the budget of the school district; it was not placed to the credit of either the general or sinking fund, but was spent, without being appropriated. In my opinion this constituted an unlawful expenditure of public funds. A public officer may not disregard the statutory requirements relating to the expenditure oí public funds. Neither the good faith of the public officer nor the financial advantage to the school district can excuse the conduct of the public official in! this transaction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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