Page
|
Held
|
Date
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| 08- 2-2 |
By Paragraph 9, Sect. 302 of the School Law, Chap. 76 of 1913 Session Laws, trustees may issue warrants in anticipation of school moneys which have been levied, but such shall not be drawn in excess of sum already levied. |
December 2, 1918 |
| 08- 2-9 |
School trustees are not authorized to make an expenditure for medical treatment of school children, though they may provide such for indigent children. |
December 9, 1918 |
| 08- 3 |
It is not necessary to prove transfer of title to obtain a conviction for sale. Search and Seizure clause generally held valid. Keeping in possession is prima facie evidence of having some for unlawful purpose. Shipments cannot be made into this state for personal use. |
December 12, 1918 |
| 08- 5 |
Where property of other persons than Indians is upon the Indian Reservation it is subject to the proper exercise of the functions of the state government, and money derived from the sale of estrays found and sold upon a reservation belongs to the state . |
December 14, 1918 |
| 08- 8 |
Where redemption money is paid to the County Treasurer, the production of the tax certificate is not essential before this official can pay over the money, but he should require evidence to satisfy himself that the claimant is the proper person. |
December 17, 1918 |
| 08- 9 |
County Commissioners have no authority to surrender control of special improvement district within limits of city, subsequently incorporated, to municipal authorities. |
December 18, 1918 |
| 08- 10-19 |
Affidavits of non-forfeiture are filed, not recorded, and the fee therefor should be fifty cents regardless of the number of claims included. |
December 19, 1918 |
| 08- 10-20 |
Under the suffrage amendment to the Constitution in 1914, all women are eligible to hold all public offices, when possessing qualifications prescribed for all electors. |
December 20, 1918 |
| 08- 12 |
The State Highway Commission may demand a deposit for plans and specifications. The Commission may fix the amount of the deposit and the amount of the refund. |
December 21, 1918 |
| 08- 13 |
Where the purchaser at a tax sale fails to protect his title, the County Treasurer is authorized to issue tax deed to subsequent purchaser at expiration of period for redemption. |
December 21, 1918 |
| 08- 14 |
Under Chapter 129, Session Laws of 1911, it is not necessary that a fireman should have been disabled before being entitled to a pension. |
December 21, 1918 |
| 08- 15 |
Scalps of coyotes must be presented to the office of the sheriff, nearest which they were killed, who then makes out his report. |
December 21, 1918 |
| 08- 16 |
An improvement district created pursuant to Chapter 156 of the Session Laws of 1917 is wholly within the control of the Board of County Commissioners. |
December 21, 1918 |
| 08- 17 |
Where a bank is insolvent and there are not sufficient assets to pay all creditors, the Superintendent of Banks should not permit a transfer of the bank assets. |
December 24, 1918 |
| 08- 19 |
When flavoring extracts and essences, toilet and household preparations and medicines containing alcohol are classed as intoxicating liquors under the prohibitory and prohibitory enforcement law of the State. |
December 28, 1918 |
| 08- 28 |
Manufacture, introduction and sale of intoxicating liquors enumerated and defined in prohibitory and prohibitory enforcement laws are prohibited regardless of quantity or amount of alcohol contained therein. |
December 30, 1918 |
| 08- 32 |
A city or town has no authority to pass an ordinance prohibiting the sale or disposal of intoxicating liquors. |
December 31, 1918 |
| 08- 33 |
When physicians may write prescriptions for medicine containing alcohol; and sales of alcohol by druggists for scientific and manufacturing purposes. |
January 2, 1919 |
| 08- 38 |
Where a seed grain lien has been paid, the County Treasurer should satisfy and release the same as filed in the office of the County Clerk by making the proper endorsement thereon. |
January 6, 1919 |
| 08- 39 |
Where a contest has been instituted against certain persons as members of the House of Representatives, the Speaker should not sign a pay roll including such names, until the contest has been concluded and determined. |
January 11 1919 |
| 08- 41 |
It is the duty of County Commissioners to determine population of township to ascertain if Justice of Peace is entitled to salary provided for under Chapter 84 of the 1917 Session Laws. If open question Justice of Peace may institute action to have salary claim allowed. |
January 15, 1919 |
| 08- 42 |
Where person personally carries liquors into public place and drinks same, such place may be abated as a nuisance. A search warrant may be procured for rooming house where intoxicating liquors are kept. |
January 29, 1919 |
| 08- 43-3 |
Where the County Commissioners order the establishment of a highway, the petition of the freeholders within the road district is not jurisdictional, and warrants issued by the Commissioners in payment of work on such roads are valid obligations of the county. |
February 3, 1919 |
| 08- 43-30 |
County Commissioners are entitled to mileage only for each term of meeting of the Board. |
January 30, 1919 |
| 08- 46 |
Before a state bank is entitled to a charter, its capital stock must be paid up in full. A bank is subject to taxation from the time it comes into existence as a legal entity. |
February 4, 1919 |
| 08- 47 |
Three months' exemption privilege is computed from the date of election. In order to qualify for examination applicant must have practiced three months prior to passage of law and be graduate of legally chartered school of Chiropractic. |
February 8, 1919 |
| 08- 48-13-1 |
A county commissioner is entitled to mileage once each way to and from his residence for the session of the board, but is not allowed mileage for each day's attendance. |
February 13, 1919 |
| 08- 48-13-2 |
The county commissioners have no authority to construct a residence and out buildings for the use of the sheriff and his family. |
February 13, 1919 |
| 08- 49 |
Chapter 119 of Session Laws of 1917 construed, and held that owner who has land outside city limits platted is not required to dedicate one-ninth thereto to public for parks and playgrounds. |
February 22, 1919 |
| 08- 50 |
Under Chapter 93 of the 1913 Session Laws a widow, who was the common law wife of an eligible soldier, may be admitted to the Montana Soldiers' Home. |
February 22, 1919 |
| 08- 51 |
A sheriff is not entitled to a commission in executing a power of sale in a chattel mortgage, but must pay the same into the County Treasury. |
February 22, 1919 |
| 08- 52 |
Liquor laws prohibit the manufacture or sale of intoxicating liquor, except denatured alcohol, wines for sacramental purposes and alcohol for scientific and manufacturing purposes. |
February 22, 1919 |
| 08- 53 |
A foreign assessment life insurance company may make use of rider, providing for additional indemnity for accidental death. |
February 26, 1919 |
| 08- 54 |
Where the classification of a county is raised by operation of law, the Clerk of the District Court holding over is not entitled to the increase of salary incident thereto. |
March 1, 1919 |
| 08- 56 |
The law providing for the use of black capsules in drawing a jury is not retroactive and a jury drawn prior to the approval of the law is a legal jury. |
March 1, 1919 |
| 08- 57 |
No limitation upon time within which purchase of property at tax sale may apply for tax deed. Treasurer is authorized to issue a second or third certificate of sale to subsequent purchaser. |
March 3, 1919 |
| 08- 58 |
Under House Bill, Sixteenth Legislative Assembly, all evidences of indebtedness secured by mortgages, both real and personal, are exempt from taxation. |
March 3, 1919 |
| 08- 59 |
A bill of the Legislature designed to permit the manufacture and sale of liquor containing a certain percentage of alcohol would be unconstitutional. |
March 5, 1919 |
| 08- 63 |
A bill permitting the manufacture and sale of liquors when the alcoholic content does not exceed one-half of one per cent of alcohol would be unconstitutional. |
March 8, 1919 |
| 08- 67 |
Assessor is authorized to correct statement of taxpayer, but must give notice as required by Section 2743. Money loaned in this state for the purpose of loaning may be taxed if in county at noon of first Monday of March. |
March 8, 1919 |
| 08- 68 |
Where there is a vacancy in the office of County Attorney and such is filled by appointment and the County Commissioners fail to provide for the election to fill the vacancy at the next election, such appointee is entitled to the salary of such office until the person regularly elected assumes the office. |
March 13, 1919 |
| 08- 69 |
In computing and assessing a corporate license tax, the State Treasurer is controlled by Sections 2 and 3 of Chapter 79, Laws of 1917, as amended by House Bill No. 250 and Senate Bill No. 190. The total net income, after deducting the arbitrary amount, is the basis for the computation of the tax for a domestic company, and for computing the tax of a corporation doing business partly within and partly without the state, the total net income as shown by the report filed, without any deduction, is the basis upon which it is computed. |
March 17, 1919 |
| 08- 73 |
1. Where a county is created by a special Act, the adjustment of the indebtedness should take place as of the date provided in the Act. 2. A record book containing public records is not to be considered as property belonging to the original county. 3. Personal property belonging to the original county is to be considered the property of such county in adjusting the indebtedness of the new and old counties. 4. Where, by the formation of a new county, a division of a school district is effected, there is no question for the Adjustment Board to consider. 5. The Act creating Roosevelt county provides that delinquent shall not be considered in adjusting the indebtedness, but shall share in same as collected. 6. Where seed grain bonds are issued, the new county is entitled to receive its pro rata share of tax collected. |
March 25, 1919 |
| 08- 79 |
To waive the payment of interest of promissory notes to secure payment of insurance premium does not constitute a rebate within the meaning of Chapter 15 of the Session Laws of 1909. |
March 28, 1919 |
| 08- 80 |
County warrants are entitled to preference in payment according to the priority of time in which they are presented. Section defines conditions under which registered warrants are to be paid. Order contrary to law not to be followed. |
March 28, 1919 |
| 08- 81 |
Where a new county is created, the County Clerk of the old county should deliver to the new county all chattel mortgages he may be able to ascertain rightfully belong to such county. |
March 28, 1919 |
| 08- 82 |
In accordance with Chapter 96, Session Laws of 1917, the Board of County Commissioners may authorize a County Agent to dispose of gopher poison, and such may be done without infringing upon rights of registered pharmacists. |
March 28, 1919 |
| 08- 83 |
Where a school teacher receives compensation for twelve months, a deduction of $1.00 should be made for each month. Chapter 95 of the 1915 Session Laws is binding on all public school teachers. |
March 28, 1919 |
| 08- 84 |
Where a Board of Directors of a Road District has ceased to exist, it cannot fill a vacancy in membership. Where a Director never takes the oath of office and leaves the county he forfeits the office. Where a Director files his bond and takes the oath of office, he is lawfully entitled thereto. Where a vacancy in the Board exists the County Commissioners should make appointments to fill the same. |
March 29, 1919 |
| 08- 85 |
Not proper for County Attorney to conduct inquisition on Sunday. A search warrant may be issued on Sunday. When an officer arrests without a warrant, he should act with reasonable diligence in searching the same. |
March 31, 191 |
| 08- 87 |
Railroad Commission has no jurisdiction over railroad crossings within corporate limits of cities and towns. |
April 5, 1919 |
| 08- 88 |
The withdrawal fee is the only fee that can be charged by Building and Loan Associations. |
April 5, 1919 |
| 08- 89-7-1 |
Domestic insurance companies should be assessed in same manner as individuals, except that notes secured by mortgages and United States bonds should not be included. |
April 7, 1919 |
| 08- 89-7-2 |
Logging railroads should be assessed as such and placed in class seven. |
April 7, 1919 |
| 08- 90 |
In counties of third class, the County Clerk, Clerk of the District Court, Treasurer and Assessor may appoint a chief deputy, and such officer is entitled to compensation as provided by Chapter 222, Session Laws of 1919. |
April 8, 1919 |
| 08- 94 |
The bill creating Garfield county becoming a law prior to Chapter 221, Session Laws of 1919, which permits an increase in salaries of county officers, the officers thereof are not entitled to compensation under said Chapter 221. Deputies being statutory officers are entitled to the compensation as provided by Chapter 221. |
April 8, 1919 |
| 08- 96 |
Under Chapter 50, Session Laws of 1919, the County Surveyor is ex-officio Highway Engineer, having charge and supervision of highways. County Surveyor is required to keep all surveys and plats of every kind in his office, and he must be furnished with necessary books and equipment. County Surveyor is entitled to a per diem of $7.00 per day, while performing duties prescribed by this Act. County Commissioners must provide an office for County Surveyor, but are vested with discretion as to the equipment he may require. |
April 10, 1919 |
| 08- 99 |
Deputy county officers are statutory officers, and salaries can be increased or decreased at any time. Where there is a tie vote for school trustee, there would be no election. County Commissioners are compensated at the rate of $8.00 per diem while inspecting bridges and highways, plus their expenses, providing an order has been made therefor. |
April 11, 1919 |
| 08- 100 |
Section of Code relating to sale of oleomargarine and the license thereof cited. |
April 11, 1919 |
| 08- 101 |
If deputies are appointed in excess of the maximum fixed by order of the Commissioners, such deputies are to receive salaries as fixed by Substitute for Senate Bill No. 64. |
April 11, 1919 |
| 08- 102 |
Payments for animals destroyed by order of the Livestock Sanitary Board should be made by the assessed valuations of the preceding year, unless the assessment book for the year has been delivered by the county clerk to the county treasurer. |
April 14, 1919 |
| 08- 104 |
Articles of incorporation and by-laws for County Farm Bureau prepared and submitted. |
April 17, 1919 |
| 08- 106 |
The securities on one insurance company can be transferred to another only in pursuance with Section 4120, as amended by Chapter 30, Laws of 1919. |
April 18, 1919 |
| 08- 107 |
Under Section 3123 of the Revised Codes of 1907, in a fifth class county, the appointment of deputies for the county treasurer is left within the discretion of the County Commissioners, and when authorized, the County Treasurer may appoint without the approval of the Commissioners. |
April 18, 1919 |
| 08- 108 |
Under the decisions of the Supreme Court the Governor is without authority to appoint a park commission for cities. |
April 21, 1919 |
| 08- 109 |
A newspaper is published where first put in circulation, and claims under contract assigned to newspaper published out of county should be paid as valid. |
April 22, 1919 |
| 08- 110 |
Regardless of the alcoholic content, a malt beverage is prohibited. Attorney General will not specify any particular beverage as not falling within the prohibition, and dealers and manufacturers thereof must be responsible. |
April 23, 1919 |
| 08- 111 |
Where two road projects serve separate purposes, they do not constitute a single purpose so as to come within the constitutional provision prohibiting an expenditure of more than $10,000.00 on each project, without being submitted to a vote of the people. |
April 25, 1919 |
| 08- 112 |
A Justice of the Peace is not entitled to a fee upon a case being transferred to his Court. A County Surveyor should be furnished with equipment necessary to perform duties prescribed by House Bill 32. |
May 1, 1919 |
| 08- 113 |
By chapter 21 of Act Extraordinary Session of the Fifteenth Legislative Assembly, the State does not have a lien prior to that of Federal Government for loan for seed grain. A seed lien to a county is not a continuing one on crops so as to run from year to year, and such lien is superior to liens given to the United States under chattel mortgage on the crop. |
May 1, 1919 |
| 08- 116 |
A city is not liable for care of non-resident students of County High School at County Hospital. |
May 1, 1919 |
| 08- 117 |
Where one statute permits the sheriff to appoint two jailers, and another statute makes eight hours a day's work for a jailer, the sheriff may not appoint any more than two jailers, but the county commissioners may authorize the appointment of a third under Section 3123 of the Revised Codes, if they deem it expedient. |
May 2, 1919 |
| 08- 118 |
Compensation allowed county commissioners is $8.00 per day and mileage. The compensation allowed the two boards of county commissioners to apportion the indebtedness of respective counties should be reasonable per diem and expenses, and be apportioned equally between the two counties. If the county attorney is required to attend meeting of Board of Settlement, he should be allowed actual expenses only. |
May 2, 1919 |
| 08- 120 |
A sheriff is entitled to the fees authorized by House Bill No. 332, but he cannot make any profit therefrom. |
May 2, 1919 |
| 08- 121-2 |
County funds should be distributed ratably in proportion to the paid in capital stock of banks, disregarding the amount of surplus of any bank. |
May 2, 1919 |
| 08- 121-3 |
At municipal elections, electors are required to sign poll book. |
May 3, 1919 |
| 08- 122 |
Deputy Assessors are entitled to salaries as fixed by Section 1 of Chapter 222 of the Session Laws of 1919, whether appointed for a year or less, or under Section 3128 or Section 3123. |
May 3, 1919 |
| 08- 123 |
Fees derived from automobile registrations should be distributed between old and new counties in proportion to respective indebtedness. |
May 6, 1919 |
| 08- 124 |
If a tax levy for road purposes is made under Chapter 160, Session Laws of 1919, property within cities and towns is subject thereto, and electors residing within such city or town may vote at an election for the purpose of submitting the question of making such levy. |
May 8, 1919 |
| 08- 125-10-1 |
Osteopaths are required to pass a satisfactory examination before they may be permitted to practice optometry. |
May 10, 1919 |
| 08- 125-10-2 |
A schoolhouse site may be moved upon the advice of the County Superintendent and County Health Officer for good cause. |
May 10, 1919 |
| 08- 127 |
A fermented malt beverage containing less than one-half of one per cent of alcohol cannot be introduced into this state. |
May 12, 1919 |
| 08- 132 |
Where a word has been appropriated as a trade mark, the use of the same term for a different class of goods is not prohibited though confusion would result if the matter was left to the discretion of the Secretary of State. |
May 15, 1919 |
| 08- 133 |
House Bill No. 48 provides for the maintenance of a Vocational School for Girls, and money provided for by House Bill No. 437 may be used for the purchase of land and the erection of buildings. |
May 17, 1919 |
| 08- 135 |
School district cut by line of new county constitutes a joint district, which may be divided by joint action of authorities of each county. Subsection 3 of Section 408 of Chapter 196 of Laws of 1919 provides method for discontinuance of joint districts, and where portion has no resident freeholders, the same may be attached by order of County Superintendent to a contiguous district. Subdivision 3 of Section 405, Chapter 196 of Laws of 1919 provides for division of funds and should govern, in that it was enacted subsequent to the act creating Roosevelt County. |
May 17, 1919 |
| 08- 136 |
The provisions of the Teachers' Retirement Fund apply to all teachers employed during the term which embraced March 8th, 1915, but the act does not apply to any one who taught in the state prior to the passage and approval of the act. |
May 19, 1919 |
| 08- 137 |
Method of arriving at assessment of property of telegraph and telephone companies prescribed. |
May 19, 1919 |
| 08- 138 |
Fences along railroad rights of ways should not be assessed by the County Assessor, but will be included in assessments of State Board of Equalization. |
May 20, 1919 |
| 08- 140 |
Where a bank owns the stock of the company which owns the building in which the bank is located, the par value of this stock can not be deducted from the capital surplus and undivided profits of the bank in determining the value for taxation of the shares of stock of the bank. Where a bank owns certain stock in a Federal Reserve Bank the bank can not deduct the amount this invested for the purpose of ascertaining the taxable value of its stock. |
May 20, 1919 |
| 08- 141 |
Only a qualified elector of school district is eligible for the office of Clerk of School Board. |
May 20, 1919 |
| 08- 142 |
The words "not to exceed" as used in reference to interest in the form of ballot for school district bonds, is a statement of a definite certain amount. |
May 21, 1919 |
| 08- 143 |
There is no provision in the Public Utility Law prohibiting one of two competing utility companies from lowering its rate, providing such are reasonable, are not to embarrass competition, and are first submitted to the Commission. |
May 23, 1919 |
| 08- 145 |
An automobile dealer must register and pay license for a trouble car and cannot operate same under dealer's license. |
May 24, 1919 |
| 08- 146 |
All dairies must secure licenses, but only retailers are required to pay fees prescribed by Section 3-A of Chapter 199, Session Laws of 1919. Where one person is engaged in operating a creamery and milk plant, two fees must be paid. Where milk is sold from a milk station, a separate license must be procured therefor. A Babcock Tester's Certificate runs without limitation as to time. Stores and butcher shops selling milk and cream in the original package are not required to pay a license or fee. |
May 24, 1919 |
| 08- 149 |
Classification of stump and timber land heretofore made may be adopted. Contract for classification of work even if in excess of $10,000.00 does not violate constitutional provision. Classification work is not required to be done by contract. Lands not subject to taxation should not be classified. Warrants issued as provided in said Act should be registered and paid as taxes are collected. |
June 4, 1919 |
| 08- 154 |
Construing Section 17 of Article 12 of the Constitution relating to taxation, and providing a method for ascertaining the taxable value of stock of intrastate railroad companies. |
May 24, 1919 |
| 08- 156 |
The manner to determine the expense to be deducted from the gross income of a corporation doing an inter and intrastate business is to take from such gross income such a percentage of the total gross income received from business within and without the state, as to the total income from business within the state bears to the total gross income. |
June 2, 1919 |
| 08- 158-2-1 |
Under Chapter 183, Session Laws of 1919, the receipt of the mortgagor must be signed separate and apart from the mortgage and be attached thereto. |
June 2, 1919 |
| 08- 158-2-2 |
Under state law there are no special requirements in advertising call for bids for the construction of Federal Aid Projects. |
June 2, 1919 |
| 08- 160 |
Instructions to enable counties to enforce a seed grain lien, where prior mortgage has been paid off. |
June 2, 1919 |
| 08- 161 |
Under Section 4198 all property, real and personal, should be assessed to a Building and Loan Association and the Association should furnish to each county assessor in which its stockholders reside a list therefor, and such stock and actual money value thereof is assessed to such members, which is ascertained by deducting from net cash value the amount of loan obtained. |
June 3, 1919 |
| 08- 162 |
The charter of a bank incorporated under the laws in effect in 1899 could provide for a corporate existence of not to exceed forty years. |
June 3, 1919 |
| 08- 163 |
A precinct may not be created by the County Commissioners not in conformity to the wards of an incorporated city. |
June 4, 1919 |
| 08- 164 |
Meadow land, improved by manual industry, comes within the meaning of land under "actual cultivation" as used in Section 2 of Chapter 167, Laws of 1919. |
June 6, 1919 |
| 08- 165 |
Under Section 16 of Chapter 122, Session Laws of 1915, registration books for special election to be held on September 2, 1919, must be closed for the full period of forty-five days before such date. |
June 7, 1919 |
| 08- 166 |
A Notary Public may register electors residing more than ten miles from the county court house in any precinct of the county. |
June 9, 1919 |
| 08- 167 |
1. Roads traveled for ten years prior to July 1st, 1895, became public highways by prescription. 2. Roads cannot be established by prescription, without some act of the county commissioners recognizing the road as such. |
June 10, 1919 |
| 08- 168 |
Under Chapter 222, Session Laws of 1919, a certain definite salary is fixed for deputies, and the county commissioners have no authority to name the salary of a deputy above the minimum provided therein. |
June 10, 1919 |
| 08- 170 |
Method to be followed in assessing building sites leased from railroad companies. |
June 14, 1919 |
| 08- 171 |
Where the territory of a school district is transferred, it is dissolved for all practical purposes, and under the common law rule the property thereof would pass to the district to which it is attached. |
June 21, 1919 |
| 08- 172 |
Under Section 8 of Chapter 114, Session Laws of 1917, normal training may be given at any of the colleges of the University of Montana as well as at the Normal College. |
June 26, 1919 |
| 08- 173 |
By virtue of Section 3052, Revised Codes of 1907, a county attorney is authorized to employ detectives for the purposes of obtaining evidence upon which to prosecute and of apprehending persons violating the liquor laws. |
June 27, 1919 |
| 08- 176 |
Section 6 of Chapter 207, Session Laws of 1919, controls the State Treasurer and your office in the apportionment of registration fees of motor vehicles. |
June 28, 1919 |
| 08- 177 |
A county official or the county commissioners are allowed no discretion in determining the amount of salary paid to any deputy or assistant, or person performing the duties of such, whose office is created and salary fixed by law. By virtue of Chapter 147 of the Session Laws of 1919, women must be paid the same salaries as men, when performing like services. |
June 28, 1919 |
| 08- 178 |
Where the rights of taxpayers are not injuriously affected, the Board of County Commissioners may make a tax levy under Sec. 2598, Revised Codes of 1907, at an adjourned meeting. |
July 7, 1919 |
| 08- 181 |
The full case value at which property is assessed is to be the basis for determining the limit of indebtedness of a county. |
July 8, 1919 |
| 08- 184 |
A county auditor may compel the attendance of a witness before him, but Sec. 7980 authorizing him to punish the witness for contempt upon refusal to testify is unconstitutional in that it confers a judicial power upon a non-judicial officer; he cannot compel the witness to testify. |
July 9, 1919 |
| 08- 187 |
Method prescribed for determining the number of voters in new counties for the purpose of signing referendum petitions. |
July 9, 1919 |
| 08- 189 |
A justice of the peace under Sec. 2 of Chap. 84, Session Laws of 1917, is required to pay the fee collected for filing a complaint charging a violation of the Fish and Game Law into the county treasury. |
July 10, 1919 |
| 08- 190 |
Statutes do not prohibit the coupling of cars behind a caboose. Under statute creating Railroad Commission it has authority to make rules governing the placing of cabooses in trains. |
July 10, 1919 |
| 08- 191 |
Sections 2573, 2574, 2575 and 2581 of Revised Codes of 1907, relating to assessment of property and powers of state and county boards of equalization, construed. |
July 11, 1919 |
| 08- 195 |
Election precincts may be established on reservations, either partly or wholly thereon. Indians residing thereon who have received patents for allotments may register and vote, providing they are 21 years of age, have resided within state one year, and in county thirty days. All persons, other than Indians, residing on reservation, citizens of the United States, who have other qualifications may vote. Persons on reservation by reason of government employment are not entitled to vote. |
July 12, 1919 |
| 08- 198 |
Under the county unit system provided for by Chapter 211 of the 1919 Session Laws, joint school districts should be discontinued. |
July 12, 1919 |
| 08- 200 |
It is doubtful if a herd district can be created, where its boundaries include territory in more than one county. |
July 12, 1919 |
| 08- 201 |
Where there are not sufficient funds to complete a highway project by reason of federal aid being withdrawn on account of changes to be made, the County Commissioners are vested with discretion as to the expenditure of the funds raised for this purpose. The county commissioners may amend a resolution, where an entirely new project is not created or the original purpose changed. |
July 14, 1919 |
| 08- 202 |
The question of whether the bonds of a school district of a county which has adopted the County Unit System and voted prior to the creation of the rural district are undoubted validity is one for judicial determination. |
July 15, 1919 |
| 08- 203 |
In determining the amount of a license fee to be paid by an insurance company, the amounts received as premiums on policies and the amounts received in payment of annuities must be taken into consideration. |
July 21, 1919 |
| 08- 205 |
The Board of County Commissioners has no authority to allow and order paid a claim for a greater amount than is approved by the county auditor. |
July 22, 1919 |
| 08- 208 |
Laws relating to the open and closed seasons for the killing of elk construed. Requirements for the shipping of game out of the state by residents prescribed, subject to regulations of Game Warden. Requirements for shipment of game without state by non-residents. No requirements for shipment of game to points within the state by residents or non-residents. Requirements for the shipment of fish to points within and without the state by residents and non-residents. |
July 22, 1919 |
| 08- 211 |
It is the duty of the County Assessor to show by his books the school district in which each piece of property assessed is situated, when property created prior to the first of June of the year in which the assessment is made. |
July 25, 1919 |
| 08- 213 |
When laws are sought to be referred, petitions must be signed not only by five per cent of the whole number of legal voters in the state, but also that in each of two-fifths of the counties petitions must be signed by five per cent of the legal voters residing in each of said counties, or if it is desired to suspend the operation of a law sought to be referred, the petitions may be signed by fifteen per cent of the legal voters in each of a majority of the counties of the state. |
|
| 08- 214 |
Where a measure is passed by the legislature and on being referred to the people by a five per cent referendum petition, it does not repeal an existing law, and for that reason the Kiley Boxing Bill never repealed Sec. 8576 of Revised Codes of 1907. |
August 6, 1919 |
| 08- 217 |
The Legislature is without authority to increase the salary of a state officer whose salary is fixed by law, by an appropriation measure, and the State Auditor cannot issue a warrant in payment thereof in excess of the amount fixed by law. |
September 5, 1919 |
| 08- 222 |
An entire county may be taxed for county high school and funds therefrom may be used for the construction of a dormitory. |
September 25, 1919 |
| 08- 224 |
A vacancy in the office of a member of a school board is not ipso facto created by absence from meetings. Where there is a dispute to the office of membership on the school board, right to the office should be tested by quo warranto proceeding. A district judge cannot act in the capacity of school trustee. |
December 26, 1919 |
| 08- 227 |
Under Chap. 106, Session Laws 1919, County Commissioners have power upon recommendation from County Board of Health to provide for the purchase of a site, the construction and furnishing of a hospital for the treatment of venereal and contagious diseases. Under Sec. 5, Art. 13, of the Constitution, the County Commissioners cannot incur a liability exceeding $10,000 for the purchase of a site and construction and furnishing of a hospital without submitting the question to the people. When an expenditure for a particular purpose is authorized, the County Commissioners do not have to wait until the taxes therefor are collected before taking action. The County Commissioners have no authority to construct a hospital for the treatment of contagious and venereal diseases. |
August 9, 1919 |
| 08- 232 |
Donations to Red Cross organizations and other charitable institutions, are not proper deductions to be made in computing the taxable income of corporations. Dues and fees to commercial clubs are not proper deductions as part of necessary expense, though dues paid to credit associations rendering a service may be deducted. |
August 18, 1919 |
| 08- 234 |
A foreign insurance company can only be permitted to transact business in this state after it has complied with and is in a condition to comply with the laws of the state. |
August 20, 1919 |
| 08- 235 |
Method for assessing the monied capital of a bank prescribed. |
August 22, 1919 |
| 08- 236 |
Where a school board has entered into a three year contract with a superintendent, the same may be terminated after the expiration of one year and a new contract at an increased salary executed providing the transaction is in good faith. |
August 26, 1919 |
| 08- 238 |
Under Sec. 4 of Chap. 206, Laws of 1919, it is the duty of stock inspectors, and sheriffs when convenient, to make inspections of stock for slaughter, and the expense thereof should be paid out of the general fund of the county. |
August 28, 1919 |
| 08- 239 |
Where one is to receive a lump sum for the performance of some employment, he is not necessarily thereby rendered an independent contractor. |
August 30, 1919 |
| 08- 241 |
Where an employee, who has lost fingers, suffered the loss of two additional fingers by an accident, which would have severed the others had they been in place, is entitled to compensation for the whole hand, less the proportionate value of the remaining portion of the hand. |
September 2, 1919 |
| 08- 243 |
Public Service Commission has no authority to compel a railroad company to render a public service in the nature of light, which it has voluntarily assumed. |
September 8, 1919 |
| 08- 244 |
Petitioner who desires land to be joined to a herd district must be owner or possessor thereof, which should be contiguous to and adjoin the original district. |
September 9, 1919 |
| 08- 245 |
Upon submitting a petition for the creation of an irrigation district under Chapter 14, Laws of Extraordinary Session of 1919, it is not necessary to furnish a bond to cover preliminary cost. |
September 9, 1919 |
| 08- 246 |
|
September 17, 1919 |
| 08- 247 |
Registration of electors for election to locate permanent county seat is governed by provisions of Chapter 122, Laws of 1915. |
September 19, 1919 |
| 08- 250 |
Firemen who are excluded from the benefits of the Firemen's Association, should be included in the city pay roll for assessment purposes under the Workmen's Compensation Act. |
September 23, 1919 |
| 08- 252 |
Forms of insurance policies construed and held not to constitute a discrimination in rates. |
September 25, 1919 |
| 08- 253 |
Live stock may not be removed from one county to another by mortgagor on foreclosure of mortgage without having same inspected for brands, unless owned for three months. |
September 26, 1919 |
| 08- 254 |
Where matron of industrial school is performing an act, not in the exercise of a function of government, she should be treated as an employee. |
September 26, 1919 |
| 08- 256 |
Section 509 of the school laws with reference to the division of a contract for school supplies construed. |
September 26, 1919 |
| 08- 257 |
Plans for the construction of buildings by private capital for the University of Montana. |
September 26, 1919 |
| 08- 259 |
By Section 7 of Chapter 211 of the 1919 Session Laws, the Legislature did not intend to create a new classification so as to conflict with Section 401 of Chapter 76 of the Session Laws of 1913. |
October 1, 1919 |
| 08- 260 |
Where nine months' school has been provided for, a transfer of funds from the general to the building fund may be made upon order by vote of the district. High school is entitled to no part of assessment levied for building fund. |
October 4, 1919 |
| 08- 261 |
One operating his own car is not a chauffeur within the meaning of Chapter 75, Laws of 1917. |
October 8, 1919 |
| 08- 262 |
|
October 8, 1919 |
| 08- 264 |
Damage to persons is not an insurable risk under the laws of Montana. |
October 8, 1919 |
| 08- 265 |
The Railroad Commission of this state is without authority to compel a railroad company to install track scales. |
October 9, 1919 |
| 08- 266 |
Where there is a conflict in the duties of the county attorney in discharging the functions of his office with those he performs for a county drainage commissioner, special counsel should be appointed for the drainage commission. |
October 9, 1919 |
| 08- 268 |
It is within the discretion of the county commissioners as to whether they should require security for loans under Chapter 8, Session Laws of 1919, made to destitute farmers. |
October 10, 1919 |
| 08- 270 |
County Attorneys are authorized to employ detectives to obtain evidence in criminal prosecutions and claims for their services are proper charges against the county. |
October 14, 1919 |
| 08- 271 |
A building and loan association cannot under any pretext or guise exact from its members a premium which when taken with the rate of interest amounts to usury. |
October 14, 1919 |
| 08- 274 |
Where the lessees of land fail to comply with the provisions of Section 5 of Chapter 169, Laws of 1917, protection under act is waived and tax should not be levied against the land. |
October 15, 1919 |
| 08- 276 |
When an action is transferred to a new county, not affecting title to real estate therein, the clerk of the court may demand, under the provisions of 6508, Codes of 1907, a fee of $5.00 therefor. |
October 16, 1919 |
| 08- 277 |
The county commissioners are vested with a large amount of discretion in the administration of the seed grain law. |
October 22, 1919 |
| 08- 279 |
Funds derived from an increased levy under Chapter 160, Laws of 1919, may be expended in conjunction with Federal and State aid. Under Chapter 160, Laws of 1919, the county commissioners are not authorized to incur an indebtedness in excess of $10,000.00 for a single purpose. |
October 24, 1919 |
| 08- 280 |
Lands within the limits of a city or town intended for residence or business purposes are not to be classified but if used for agricultural purposes it may be classified. |
October 24, 1919 |
| 08- 281 |
Lands included within rights of way of railroads are not subject to land classification tax. |
October 24, 1919 |
| 08- 282 |
Where additional duties are imposed upon the county surveyor he is entitled to the increased salary provided for by law to compensate for such additional work. |
October 28, 1919 |
| 08- 284 |
A school board is vested with a certain amount of discretion in determining whether a school should be maintained in a remote part of a school district. |
November 4, 1919 |
| 08- 285 |
The lien of bonds of irrigation districts date from the time of their issuance and confirmation by the district court, and constitute a prior lien over farm loan mortgages executed subsequent to the creation of the district. The lien of warrants of irrigation district date from the time of the creation of the obligation and constitute a prior lien over farm loan mortgages to the creation of the district. |
November 8, 1919 |
| 08- 289 |
A railroad company cannot discontinue the operation of light and water utilities without obtaining the permission of the Public Service Commission. |
November 11, 1919 |
| 08- 292 |
The school trustees are without power to authorize the expenditure of the whole of the general school fund for building purposes, and the treasurer may be enjoined from the payment of warrants against the general fund, when it would be exhausted thereby. |
November 20, 1919 |
| 08- 293 |
Where the state treasurer requires the giving of a bond, it is not necessary that a corporate surety bond be approved by a district judge. |
November 20, 1919 |
| 08- 294 |
Where under the provisions of Chapter 8, Extraordinary Session Laws of 1919, the electors voted upon the single proposition of extending relief for seed grain, the county commissioners have the authority to grant relief for any of the purposes mentioned in the act. |
November 21, 1919 |
| 08- 295 |
It is not necessary for a foreign corporation to comply with the laws of this state relating to corporations doing business within the state merely for the purpose of selling stock, but in order to do so, it must comply with the so-called "Blue Sky Law." |
December 8, 1919 |
| 08- 297 |
Where the electors have authorized the issuance of bonds in excess of $10,000.00 for the construction of highways, it is within the power of the county commissioners to designate the portion of the highway upon which such expenditure shall be made without further authorization. |
December 13, 1919 |
| 08- 303 |
The Veterans' Welfare Bonds authorized by Chapter 105, Laws of 1919, are valid obligations on the part of the State of Montana. |
December 15, 1919 |
| 08- 305 |
Under the laws of Montana, a fraternal benefit insurance company cannot take its funds as such and apply them to the organization of a legal reserve company. |
December 20, 1919 |
| 08- 309 |
A person who sells stock of an investment company which he has acquired in payment of his services, comes within the purview of the investment act, and is subject to investment commissioner. |
December 27, 1919 |
| 08- 310 |
A deputy sheriff is a public officer and as such does not come within the provisions of the Workmen's Compensation Act. |
December 29, 1919 |
| 08- 311 |
Under Chapter 220, Laws of 1919, legal process includes writ of attachment garnishing funds in the hands of an insurance company. |
December 31, 1919 |
| 08- 312 |
When necessity requires, the county high school boards may provide a building for dormitory accommodations for students attending the high school, providing taxes are levied for that purpose. |
January 3, 1920 |
| 08- 313 |
Where a person receives an accident and fails to give notice to the Industrial Accident Board thereof, recovery of compensation is barred, though the board should exercise its discretion whether compensation should be allowed. |
January 5, 1920 |
| 08- 317 |
Where joint school districts are discontinued by virtue of the creation of a new county or counties, new districts may be created in accordance with the provisions of the school laws. |
January 6, 1920 |
| 08- 318 |
A district which is part of a county unit may be consolidated with a second class district. |
January 7, 1920 |
| 08- 320 |
Where an investment company is not required to secure a license under the Investment Act, an agent selling such stock is not required to procure a license. |
January 8, 1920 |
| 08- 321 |
Where a justice of the peace illegally assessed a fine, which was remitted to the State Treasurer, the State Auditor is without authority to draw a warrant for refunding the same without a specific appropriation therefor. |
January 8, 1920 |
| 08- 322 |
Although an insurance policy may have some of the features of a participating policy, but if in fact it is a non-participating policy, or has the effect of such, it cannot be written in this state. |
January 8, 1920 |
| 08- 323 |
Under statutory provisions a person who acts as agent for a surety company operating in this state, must obtain a license to act in that capacity. |
January 10, 1920 |
| 08- 325 |
A sub-agent cannot write insurance in the name of the agent without obtaining a license in accordance with the insurance laws. |
January 19, 1920 |
| 08- 327 |
Warrants issued in excess of funds, and where taxes collected for the current year are applied to warrants issued for such year, must await payment until the action of the board is approved by a special levy to provide for them. |
January 24, 1920 |
| 08- 329 |
One insurance company may reinsure the risks of another company, where the original policies remain in force and where provisions are made for the payment of the risks to the insuring company. |
January 28, 1920 |
| 08- 330 |
The claim for services by counsel employed by the State Efficiency and Trade Commission does not constitute valid charges against the state. |
January 31, 1920 |
| 08- 333 |
In view of the fact that the law creating the Montana Trade Commission has been declared unconstitutional, the members thereof are not entitled to the additional compensation provided for by Chapter 30, Laws of Extraordinary Session, 1919. |
February 3, 1920 |
| 08- 336 |
Where fees have been collected by the Montana Trade Commission and paid into the general fund, though the law creating the commission is unconstitutional, they cannot be refunded without appropriation by the legislature. Where fees remain in the hands of the commission, they should be returned to the persons paying the same, whether received before or after the law was declared unconstitutional. |
February 3, 1920 |
| 08- 338-9-1 |
A bank is not authorized to change its place of business to a place outside of the county in which its principal place of business is located. |
February 9, 1920 |
| 08- 338-9-2 |
Upon the creation of a new county, recorded records of the old county should be transcribed, and those required to be filed only should be transferred. |
February 9, 1920 |
| 08- 340 |
A county auditor not being a constitutional officer is entitled to the increased compensation provided for by Chapter 221, Session Laws of 1919. |
February 10, 1920 |
| 08- 342 |
Where lands are within the limits of a reclamation withdrawal, the land board has authority by virtue of Section 34 of Chapter 147, Laws of 1909, to exchange them for other lands, but if without such withdrawal, only legislative authority will sanction their exchange. |
February 11, 1920 |
| 08- 344 |
Right-of-way for highway may be acquired by condemnation. |
February 17, 1920 |
| 08- 345 |
A fraternal benefit insurance company cannot reorganize upon the basis of an old line insurance company, though for final action the question is one for judicial determination. |
February 18, 1920 |
| 08- 348 |
Where all the stockholders of a bank are present at a meeting for the purpose of decreasing or increasing the amount of the capital stock, notice of the meeting may be waived. |
February 25, 1920 |
| 08- 349 |
The investment commissioner has authority to make examinations of insurance companies whenever and wherever he desires. |
March 1, 1920 |
| 08- 350-2 |
It is the duty of the investment commissioner to see that insurance companies operating in this state comply with the law. |
March 1, 1920 |
| 08- 350-5 |
An insurance company organized upon the mutual plan cannot write a policy of an ordinary joint stock company. |
March 2, 1920 |
| 08- 356 |
The county commissioners have authority to fix the wages for labor and team hire upon the county roads. |
March 5, 1920 |
| 08- 357 |
Where a portion of a highway project is included within a territory of a new county, and desires to proceed with the project, it must make provision for the expense thereof from its own treasury, and cannot assume any of the obligations of the old county. |
March 5, 1920 |
| 08- 358 |
Form of proceeding and resolution to obtain benefit of federal aid for highway as a part of a special improvement district. |
March 5, 1920 |
| 08- 361 |
Procedure outlined when a federal aid project is a part of a special improvement district. |
March 5, 1920 |
| 08- 364 |
The Highway Commission may determine the amount of a surety bond to be furnished by a contractor. |
March 5, 1920 |
| 08- 365 |
A right of way can be acquired upon a railroad right of way by condemnation, subject to limitations. |
March 5, 1920 |
| 08- 366 |
General road funds cannot be expended upon road ways within the limits of an incorporated city of town. Proceeds from a bond issue cannot be expended upon road ways within the limits of an incorporated city or town. |
March 11, 1920 |
| 08- 370 |
Method prescribed for the presentation of claims for the payment of slaughtered stock. |
March 12, 1920 |
| 08- 372 |
An insurance company cannot deduct from its gross income any amount which it has set aside as "additions to reserves" in determining its net income. |
March 15, 1920 |
| 08- 374 |
A county auditor is entitled to the increased compensation provided for by Chapter 221, Laws of 1919. A county superintendent is a constitutional officer and therefore her salary cannot be increased during the term of office. |
March 17, 1920 |
| 08- 375 |
Children between 14 and 16 years of age must attend school, unless their absence is excused under conditions prescribed by law. |
March 17, 1920 |
| 08- 376 |
Where land has been dedicated by the owner to and is used by the public as a highway, the acreage thereof should be excluded from the amount assessed to such person. |
March 16, 1920 |
| 08- 378 |
Where an additional levy has been submitted to and approved by the electors, warrants may be issued in anticipation of taxes to be raised for the purpose of meeting current expenses. |
|
| 08- 381 |
The Highway Commissioners has authority to require a certified check to accompany each bid of a contractor, and a check may be made to cover two projects, after one on each of two projects has been submitted. |
March 19, 1920 |
| 08- 382 |
Where a railroad company refused to pay taxes because its mineral land was included within the wrong classification, and its taxes become delinquent, the penalties provided by law attach, in that they could have been paid under protest. The County Commissioners are without authority to remit penalties accrued for refusal to pay taxes, where assessment was in excess of that provided for by law. |
March 20, 1920 |
| 08- 383 |
The Investment Commissioner has no authority to investigate and license a company under the blue sky law two-thirds of whose assets are within the state. |
March 26, 1920 |
| 08- 384 |
Firemen who are injured while not in actual service and who receive full salary during the time of temporary disability are not entitled to pension or benefit from disability fund. |
March 30, 1920 |
| 08- 386 |
The records of the Department of Public Health are not open to inspection by the public, unless the purpose thereof is bona fide and not to aid in business and speculative enterprises. |
March 30, 1920 |
| 08- 390 |
A school district is without authority to issue bonds for the purpose of constructing a school dormitory. |
March 31, 1920 |
| 08- 391 |
Board of county commissioners may not submit a proposition to levy additional tax for one or more years at one election. Where a highway project in its entirety will cost more than $10,000, it cannot be segregated in units any one of which would cost less than $10,000, without holding a special election. |
April 6, 1920 |
| 08- 393 |
A member of the State Legislature of Montana is not eligible to hold the office of trustee of a county high school. |
April 7, 1920 |
| 08- 396 |
How claims to beneficiaries of residents of belligerent countries and those affected by the European war should be paid by the Industrial Accident Board. |
April 9, 1920 |
| 08- 400-10 |
The Board of County Commissioners has authority to issue bonds in installments in payment for work on highways. |
April 10, 1920 |
| 08- 400-12 |
Each voter is entitled to vote for as many candidates for delegates to the national convention as there are delegates to be elected, and for as many candidates for presidential electors as there are electors to be elected. |
April 12, 1920 |
| 08- 402 |
The offices of school trustee and county commissioner are incompatible and cannot be held by the same person. |
April 17, 1920 |
| 08- 403 |
Both the repeal and subsequent amendment to the primary election law should be voted upon at the election in November. |
April 23, 1920 |
| 08- 406 |
Absence of the county clerk and recorder from his seat of office constitutes grounds for his removal from office. |
April 24, 1920 |
| 08- 407 |
Sheriff has not the right to require an indemnity bond from judgment creditors for levy of execution against patented Indian allotments. |
April 24, 1920 |
| 08- 408 |
Where an employee of the Highway Commission is interested in a contract, he cannot claim compensation for services under such contract. |
April 26, 1920 |
| 08- 410 |
Method prescribed for determining bonded indebtedness of county when taking proceedings to bond county for road purposes. |
April 27, 1920 |
| 08- 412 |
A county superintendent of schools is a constitutional officer and therefore not entitled to an increase of salary during term of office. |
April 27, 1920 |
| 08- 413 |
The county clerk of court must collect a fee of $5.00 upon filing a petition for the creation of an irrigation district. |
April 30, 1920 |
| 08- 414 |
Rule prescribed for determining whether units on Flathead Indian reservation are assessable. |
April 30, 1920 |
| 08- 416 |
Jurisdiction of state courts over crimes committed on an Indian reservation. |
May 6, 1920 |
| 08- 417 |
Where school districts have no indebtedness to divide on the formation of a new district, each retains its property. |
May 10, 1920 |
| 08- 418 |
An Indian who receives an allotment and obtains final patent, thereupon becomes a citizen of the United States. |
May 10, 1920 |
| 08- 419 |
The allowance of a claim for expenses incurred by investigations for violations of criminal law is within the discretion of the board of county commissioners. |
May 11, 1920 |
| 08- 420 |
When time for redemption expires, county takes tax deed without redeeming from prior sale to individual. |
May 19, 1920 |
| 08- 421 |
Construction of statutes providing for assessment of migratory sheep. |
May 20, 1920 |
| 08- 424 |
A person who insures his property with a non-licensed company may not be prosecuted therefor. |
May 21, 1920 |
| 08- 425 |
The situs of money on deposit for the purpose of assessment depends upon the character of the deposit. |
May 22, 1920 |
| 08- 427 |
Where an insurance company reinsures with a non-licensed company contrary to the orders of the investment commissioner, the license may be revoked. |
May 24, 1920 |
| 08- 431 |
An irrigation company may come under the jurisdiction of the Public Utilities Commissioners for the purpose of filing an application for an increase in rates. |
May 25, 1920 |
| 08- 433 |
Form of contract for improvement of highway within incorporated city or town. |
May 27, 1920 |
| 08- 436 |
Articles of incorporation of foreign corporation with stock of no par value may be filed. |
May 27, 1920 |
| 08- 438 |
Where the petition for an election to submit the question of furnishing supplies to farmers specifies that the relief is to farmers only, such an election is not invalid. |
March 26, 1920 |
| 08- 442 |
The offspring of a white man and an Indian woman follows the mother and is an Indian. If a crime is committed by an Indian who has received his fee patent against an Indian on the reservation, he is subject ot the jurisdiction of the federal courts, and if he committed the crime against a white man he is subject to the jurisdiction of the state courts. |
May 6, 1920 |
| 08- 443 |
When the United States government issues a fee patent to an Indian, he becomes a citizen of the United States and entitled to all the privileges of such citizen. |
|
| 08- 445 |
A new county is subject to the jurisdiction of the old county until the lapse of ninety days after filing of petition with secretary of state, and therefore cannot hold primaries when such primaries come within that period. The county commissioners of a new county have no authority to employ counsel during the ninety day period. |
June 3, 1920 |
| 08- 446 |
Apportionment of school funds is not required where pupils attend a high school outside of the district or in another county in which they reside. |
June 8, 1920 |
| 08- 448 |
After an estate which has reached the hands of the state treasurer as an escheat cannot be withdrawn or claims therefor paid, except upon appropriation therefor by the legislature, whether the claimants are citizens or non-resident aliens. |
June 16, 1920 |
| 08- 459 |
Every person must return the full and true value of all solvent credits. |
June 17, 1920 |
| 08- 460 |
It is not the duty of the county assessor to furnish the county superintendent of schools with a statement of the assessed valuation of each school district. |
June 18, 1920 |
| 08- 465 |
When aliens are entitled to fishing licenses and to what class they belong. |
June 24, 1920 |
| 08- 467 |
A deputy county attorney is not a constitutional officer and therefore his salary can be increased or diminished during his term of office. The county commissioners cannot increase or diminish the salary fixed by the legislature for a deputy county attorney. |
June 28, 1920 |
| 08- 468 |
The county commissioners are without authority to expend county funds for the eradication of grasshoppers. |
July 1, 1920 |
| 08- 470 |
Where the period between the election for the creation of a new county and the time when the law prescribes that the creation of the county becomes effective, comes subsequent to an ensuing election, the electors residing within the new county continue as residents of the old county and as such are entitled to vote for the officers of the old county. |
July 9, 1920 |
| 08- 473 |
The Industrial Accident Board is without authority to increase the salary of its employees beyond that appropriated therefor by the legislature, but it may decrease the same. |
July 13, 1920 |
| 08- 477 |
Prescribing when a mutual company may transact business in this state. |
July 15, 1920 |
| 08- 478 |
The Investment Commissioner is without authority to investigate an investment company for the purpose of ascertaining of what property its holdings consist. |
July 15, 1920 |
| 08- 479 |
Where an oil promotion company sells deeds to tracts of land, instead of stocks, it is subject to the Blue Sky Law. |
July 15, 1920 |
| 08- 481 |
When an insurance company changes its plan of insurance from that of an assessment company to that of a legal reserve company, it must pay assessment required by Insurance Commissioner. |
July 17, 1920 |
| 08- 482 |
It is the duty of the county commissioners to let a contract for all county printing to one newspaper. |
July 29, 1920 |
| 08- 483 |
If an insurance company in changing its form of policy complies with the state law, a license may issue to it. |
August 11, 1920 |
| 08- 484 |
Where a school district is divided by the creation of a new county, the district does not become joint, but each division constitutes a separate and distinct district by itself, and entitled to an apportionment of funds. |
August 11, 1920 |
| 08- 487 |
The purchaser of land under contract providing that title does not vest until payments are completed, is a freeholder in the State of Montana. |
August 8, 1920 |
| 08- 488 |
Upon the creation of a new county, the county from which the territory was taken must be reclassified. |
August 20, 1920 |
| 08- 489 |
Upon the filing of a petition for the removal of a county seat, the county clerk must publish notice in each newspaper in the county to that effect and specify the date at which the hearing before the board of county commissioners will be had. |
August 21, 1920 |
| 08- 492 |
In order to be counted an absent voter's ballot must reach the judge of election so that it may be deposited before the closing of the polls. |
August 25, 1920 |
| 08- 494 |
Where a petition for the removal of a county seat follows the statute is sufficient. |
August 30, 1920 |
| 08- 495 |
Where live stock had not been within the state one hundred and twenty days prior to its slaughter on account of the mistaken belief that it had tuberculosis, the owner is not entitled to indemnity therefor. |
August 30, 1920 |
| 08- 496 |
The term "taxable year" construed. |
September 16, 1920 |
| 08- 497 |
The board of county commissioners are without authority to employ additional counsel, and continue the county attorney in office when he is unable to discharge the duties imposed upon him by law. A deputy may be employed, when in the opinion of the county commissioners such action on their part is deemed necessary. |
September 20, 1920 |
| 08- 499 |
Warrants may be drawn against the Hail Insurance Fund and registered for payment when there are no funds therein for their payment. |
September 25, 1920 |
| 08- 500 |
It is not within the power of the state of Montana to lease the bed of a lake, or that of a navigable stream. |
September 29, 1920 |
| 08- 504 |
When a person has been nominated for the same office, on two tickets he must file a declaration as to which he will accept. Where there is a tie vote between two persons for the same office, it is incumbent on the County Clerk to determine in the method provided by law who shall be the nominee. |
October 1, 1920 |
| 08- 506 |
The proper basis for payment of the publication of the registration lists is seven cents per name. |
October 2, 1920 |
| 08- 508 |
Defects in the presentation of claims for compensation under the Workman's Compensation act may be waived, and when so waived the claim should be considered on its merits. |
October 4, 1920 |
| 08- 511 |
Persons who act as a canvassing board in computing election returns are entitled actual expenses only. |
October 4, 1920 |
| 08- 513 |
The State Board of Land Commissioners are without authority to charge a county a fee of three dollars for a right of way for a highway over state lands. |
October 4, 1920 |
| 08- 515 |
A marriage should be solemnized in the county which issues the license, but if such is not the case, the legality of the marriage is not thereby affected. |
October 5, 1920 |
| 08- 516 |
A person registered by a deputy registrar and whose registration card does not reach the office of the county clerk until after the time for closing the books, is entitled to have his name entered upon the official register. |
October 6, 1920 |
| 08- 517 |
A woman or elector may not be required to state his or her exact age when registering. |
October 8, 1920 |
| 08- 519 |
The classification of a county is based upon the percentage of the full and true value of the taxible property of a county, and its classification is not changed without of resolution of the board of county commissioners to that effect. |
November 18, 1920 |
| 08- 521 |
The Secretary of State is without authority to charge state officers either elective or appointive, a fee for the issuance of their commission. |
November 19, 1920 |
| 08- 522 |
Since the adoption of Chapter 51, Laws 1919, the stock of banks in not taxed, but the moneyed capital of the bank is assessed to the bank as a corporation. |
November 22, 1920 |
| 08- 524 |
The sheriff of every county regardless of its classification is required to appoint an undersheriff. A sheriff of a sixth class county is not required to appoint a jailer and if such an appointment is made, he must obtain the approval of the county commissioners. |
November 22, 1920 |
| 08- 525 |
The term of office of county treasurer cannot be for a period longer than two years, and when Powder River county was created by sepcial act the county treasurer does not take office until the first Monday of March, 1921. |
November 23, 1920 |
| 08- 527 |
Lands under the Carey Land Act which have not been patented and which the state of Montana has not made proofs to the United States, are not subject to taxation as such. |
November 22, 1920 |
| 08- 529 |
The directors of special road district have power to contract for road work on highways. The Directors of a special road district have no authority to issue warrants for the payment of work in repairing highways. |
November 24, 1920 |
| 08- 532 |
A person holding a chattel mortgage subsequent to a seed grain lien may pay the amount due on such lien, after the same has been entered on the tax rolls, and may receive therefor a receipt from the county treasurer and have it attached to the original seed grain lien. |
November 24, 1920 |
| 08- 534 |
A board of school trustees has no authority to pay their own or the expenses of teachers in attendance at state conventions. |
November 26, 1920 |