Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
--=-
Eonorrblo Bamom Oil.8
Comclrsioner, Geaeral Land Ofiiao
Awtln, Tmxar
Dear Mr. aUes1
pinion upon the sire to we In opolal fund aooru- Ootad in 1931 orrem SOT ed along the hth bee.ee east aide of tb Paahandlo the rest 8ldO or tlm sttste were adjudged to b looated final decree of the Supreme SO Stntcr eatered Marah lT, 1930, In tat0 of oklahom8 1. The state letions The Aot sete Sorth ooaditionr and re T whioh rhall govern the #ale of suoh land, n Seotlon es r0il0mt 2 provides dsaeral
-The Coxmni,rs:oner Land and the uovsrnor Attornr7 Ceaeral, Offloo, t& a Spcola i are herrby designated and ooastituted pemOn# l ltitled Lax16 Board to aaoorhin to pumAare said la&Ire Said Board 18 htreb- employ a6 many a8 three Qerron8, authorized *2 Hon. Besoom Oiler - Pa&r 2
ii deemed neoereery to l 88lst in asoertaln- iid8 o i almntr of 8aId fag the boas land8 a8 8hown the pub110 reoordr aad under the 1~8 or State or Oklahom, and make ruoh 8urve78 and l.ave8tlgatIon8 88 m87 b8 n80088ar7 out the provl8Ions of thlr Aot, to earn laid Board 18 hereby l uthorlsed to adopt l uoh rulon re,platlonr aad form8 a8 it may deem erped ent.’ I
Seotlon 5, in part, provide8 a *Any olaImaat to any portion of raid land8 who would havo had title to 8~ had It been looated la Oklahoma, may make applioatloa to the ConmLsIoner of the Oeaeral Land Offloe to pur- ohase be aooom?enIed land claimed. Suoh applloatlon 8ball * note8 of treat
by field claimed, together with a fIli* fee of One ( 1.00) Dollar, fee of Fifteen 6a examlar3tlon (.15$ 3 Cent8 per aore, and with suoh other Iafonmtloa a8 the Land Board may require to be given, Inoludlag oer-tlfled ooplea all munlmeat8 title under laws of Oklahoma.w
Seotloa 6 provides,
‘The exmiaatIoa fees provided for Ia SeotIon In a apeolel thlr Aot shall be deposited to the oredIt.of the Land Board oreeted in Saotlon 2 of thlr Aot, and 8eIa ftmd~ shall be wed to the expense8 lnoident to the enforcement derrajr of thlr Aot. ThIr had rhall be dlrbursed by the Board with vouohera drawn on th8 State Treasurer aad rlgaed Oovernor and oouaterslgaed by the Land Commll~loa8r. Aay 81~8 remaining la auoh fund after all xpea8es shave been pald rhall to the Pmmanent Sohool Fuad. be tramferred The amount of mon8y aoorulng for to the State of Texas rale of the land a8 provided for In Seotlon 3 hereof ehall be plaoed the credit of the Pemanent Sohool Fund.”
The method you desire ‘to apply in the hendlIag of the exminatloa fez8 provided Ia Seotlon 3 8tated in your letter a8 follows: . .lt Is our desire to plaoe oaoh
“. *3 ..“&a. “PO”“rn tiLLem - r3pe
spplIoaat~8 remlttanoe of exsmlnatlon recs to this OfriO to the oredlt Of th8 8ttOr7ie appolnt~d b7 tha Spealal Lama Board, w r th ati tha Stata Treasurer, la a 8u#pm#@ #OOPnt known as a ~Speolal Iand Board 8USpen8O Aocouat *.
Tbn upon I flat31 doterminatIoa or the amount duo l aoh attorney for th0 8erVloe8 p%rfOrnml we would dlrrot tho State Treasurer, a
rouohor duly #I&aed by the Gatornor end oounter- Sig~iOb b7 Land COI&S~~OYBT, to pay the r%- sunw due oaoh attomoy, 0ttd lllmvrlse apeotlvr Said ruad.” 4ny othor 8ooottnt8 dw agalmt Tha I.e ialature ha8 not, within the last two pears, 8peol?loa ly approprlatsd the epeolal fund or%at%d k fees to for wh1Oh they by suOh erambatlon the purpo8es em authoxlzed to b% used by iWSol% S330a.
TIKI question presented 18 wh%th%r or not th% imthod proposed for &:sbur#In~ the In questlcm IS th8 Texea Con- in vlolatlon or Artlole 8, Sootion 6 of whloh provide8 thatt StitUtiOa,
"No money shall be drmn from Treasury but la pursuanoe of spaoifio approprIntlons made by law! nor shell any appropriation of to:e;f bs " made for s loqq- term than tm years,
The QIWiOUS opIaIoas thIk~~d%partment ar% umnlmous In holding that speoial funds, 8ubstantially Slmiler in nature fund provided for by Artial% 8330a, are rubjeot to the rOViSiOa8 Of Artiola 8, Seotloa Comatltut s on, reason that SUOh fnw.ls ooxmtltut% Wmey drawn from Treasury* within the msning the oon8tItutIonel provlsIoa, that suah fund8 oau only be disbursed speoifio appropriation sffeotlve for a tern no lone.or than tvm yeara.
In Opinion No. o-700 of thI8 department, ad- dressed to Bonorsblr 2. H. Thornton, Jr., Chair-; Can- mittes on Appropriations, House of ~epresentatlves, dated May 5, 1939, this ruestlon was exhsustlvely rOVI%'2:ed with a greet respeot nwnbe.- of spuoial funds ox-sated b zany Of whioh SwdS am substantial 7 1 t&e b&iSl.3tUT%, rovlded la Artlal% to the Bxemlaetloa rlnilar Fee Fuad S330a. It was there held that B #pee ii0 s appropriation was neoO8sar for suoh Sp%OIal fWd8 before they 00ula lo&ally b% d %bWS%d. I
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Hon. Besoom Ollea - Page 4
In OpI.aIon No, O-320 0s this department, dated May 4, 1939, addrrssed to Honorable Jo% KunsohIk, oom- mI8sIon%r of Labor, It wa8 deoldod that a epeolal fund d%8i~aat%d by Legislature as the State BoIl%r In- without a speolf lo sp%otIon yuzkd oould not be disbursed oould not be appropriation and that ruoh appropriation ffeotlve for mare than two years ln the future. The 8-e holding was mad% in Opinion ~0.0-1176, apprOV%d Auguet 23, 1939, addressed to Honorable Walter C. Woodwsrd, Chelrman, Board of Insuraaoe Comm.l88Ioaer%, with reepeot to %xemlnetIon tses ooorulng fran Insuranae oompanles whloh had been examined the Board of tisur- aaoe ConunIsoIonera.
A oopy 0s Oplnloa NO. O-320 referred to above 18 herewith enoloaed. Copies of tha other opinions referred to will be mede avalleble to you, should you dealrs them. A repetition the argument and oltatlon of authorities Inoludsd In those oplnlons will not be made here. fn vlew of those opinions, whloh m believe to be oorroot, we muat advlse you that the examlnstlon fee fund in question is State m:ney wlthln the meaning of Article 8, Section 6 of the Constitution, end es there has been no apeolflo apgropriatlon of suoh fund within last two years, Its dlsburaezent In the manner you outline would be Illegal.
In Conferenos Opinion No. 3048, eddre.saed Honorable Tom C. King, State Auditor, It was, in etfeot, held that Artlolo 43e8, as amended Chapter
Aots of the 4206 Legislature, does not euthorlze pleolug In e suspense ln t&e State Treasury fees suoh a8 the eramlnstlon fees In question, the 8tatus Of suoh fees not being undetermined, and no dispute or protest having been made by the pertles who paid suoh fees. A oopy of Opinion No, 3048 Is elao enclosed herewith.
For the reasons stated, you are advised thst the method proposed In your letter the handling Of *5 Hon. Bacoom Oiler - Peee feea in qucrtlon doe8 not oora~ly with law.
Your8 very truly ATTORNEY WIXRAL OF TEXAS Robert E