Legal Opinion · Dissent

Board of Education of Oklahoma City v. Cloudman

Supreme Court of Oklahoma

Decided July 11, 1939No. 26736Published

1Dissent

WELCH, V. C. J.

(dissenting). I agree with much of the legal philosophy of the majority opinion as to discretionary powers of the board of education in operating the schools, but cannot agree that in their discretion they have the power to spend public funds for unauthorized and illegal purposes, and I think as a whole the majority opinion is not justified by the facts shown by the petition which are admitted by the demurrer, and that as a whole it is clearly contrary to the statutes, and to our former decisions.

The majority opinion overlooks the fact that expenditures sued upon here were made…

2Cases cited16 opinions

  1. State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
  2. State Ex Rel. Morrison v. City of MuskogeeSupreme Court of Oklahoma · 1918
  3. Dowler v. State Ex Rel. PruntySupreme Court of Oklahoma · 1937
  4. State Ex Rel. Hatfield v. MorelandSupreme Court of Oklahoma · 1931
  5. State Ex Rel. Sheel v. IngramSupreme Court of Oklahoma · 1933

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