Kay County, Excise Board v. Atchison, T. & S. F. Ry. Co.

WELCH, V. C. J.

The excise board approved the annual budget of this independent school district, including an item appropriated to buy band uniforms. The protest here involved questions the legality of that appropriation, urging that such item of appropriation is for an unauthorized and therefore illegal purpose. The only question presented is whether such an appropriation within the general fund may be legally made for such purposes.

Section 1, article 2, chapter 34, S. L. 1936-37, amendatory of section 6867, O. S. 1931, 70 Okla. St. Ann. see. 189, provides in material part as follows:

“Section…