Attorney General’s Opinions

Volume 02

Page Held Date
02- 2 The law contemplates that coroners' juries should have the benefit of the expert testimony of mine inspectors as to the cause of deaths in mines. The coroner should give the mine inspector reasonable notice so that he may investigate and testify before the coroners jury. After having the jury inspect the body, the coroner may adjourn the inquest to some future date to enable the inspector to make the proper investigation. December 1, 1906
02- 3 Sec. 4433 of the Political Code does not require the commissioners to ask for bids for the county printing, and gives the board authority to enter into contracts with any paper in their county which, in their judgment, is most suitable for performing the work. Such contracts not being required to be let on competitive bidding and no necessity existing for the entering into contracts for long periods of time, it is against public policy for the board of county commissioners whose term of office is about to expire to let such a contract which will bind the newly elected board. December 10, 1906
02- 5 Expenses necessarily incurred by the county attorney in criminal cases within the county are proper charges against the county and should be allowed by the board of county commissioners upon presentation of claims therefor duly signed and sworn to. December 15, 1906
02- 6 The proceedings of the board of county canvassers in canvassing election returns are not proceedings of the board of county commissioners within the meaning of division 21 of section 4230 of the Political Code. The publication of election returns by the official paper does not constitute a valid claim against the county in the absence of an express contract or agreement to that effect. December 15, 1906
02- 8 Under Sec. 1072, Civil Codes, elk and other animals, wild by nature, are the subject of private ownership when so tamed, taken, or held in possession as to subject them to private ownership. Such ownership is not lost by their escaping from possession so long as then have animum revertendi, but if, upon escaping they return to their wild state and do not follow the custom of returning to their place of confinement, private ownership in them ceases and they become subject to the game laws of the state. December 18, 1906
02- 11 1. The county assessor is not allowed his traveling expenses in the performance of the duties of his office. 2. Under section 4681, the law expressly provides that expenses necessarily incurred by the county attorney in criminal proceedings are proper charges against the county. If the employment of detectives is necessary in procuring evidence in such cases, the expenses of such employment properly come within the provisions of said section. December 20, 1906
02- 12 There is no incompatibility between the office of county coroner and the position as county physician, and the same person, if otherwise qualified, may hold both. December 22, 1906
02- 13 There is no incompatibility between the duties in the office of sheriff and that of school trustee, and as the law does not expressly prohibit the same person from holding these two offices, both offices may be held by the same person. December 20, 1906
02- 14 The state has authority to transfer its water right in the Big Ditch Company's ditch for an equal right in the ditch of the Billings Land and Irrigation Company's ditch for the purpose of irrigating the land embraced in the said experimental station near Billings. December 22, 1906
02- 15 The law does not authorize boards of school trustees to allow teachers salary when attending a meeting of the State Teachers' Association held during a state vacation in the public schools. Sections 1843 and 1903, as amended by the Political Code, designate the only days for which teachers may be paid salary when not actually teaching school. December 24, 1906
02- 16 A person who has procured a butchers' license under section 4064 as amended, is not entitled under such license to sell groceries, which is a separate branch of business and requires a separate license. January 7, 1907
02- 17 Section 1840 of the Political Code, is supplemented but not amended by sections 1911 and 1912 of the Political Code. Citizens of the United States over the age of 18 years, possessing the requisite qualifications, may be granted special certificates named in section 1840. Holders of such special certificate can teach only the branches named therein. January 11, 1907
02- 18 The number of deputies allowed the sheriff is as stated in Chapters 75 and 94, laws of 1905. Section 4318 of the Political Code is not in effect. January 21, 1907
02- 19 In the absence of proceedings to test the right to office, the salary shall be paid to the persons acting as such official until the institution of such proceedings. January 21, 1907
02- 20 It is within the province of the legislative assembly to enact a constitutional law providing for the qualifications of candidates for election to the office of Inspector of Quartz Mines, and prescribing the method of determining such qualification. January 31, 1907
02- 21-1 A county official whose term of office begins on the first Monday in January is not entitled to any compensation for any part of the month prior to that time. February 1, 1907
02- 21-2 Under the provisions of Chapter 39, Laws of 1905, it is unlawful to issue a saloon license for the conduct of a retail liquor dealers' business in any town or city on the line of a railroad in course of construction unless such town or city is unincorporated. February 2, 1907
02- 23 1. Proceedings to collect personal property tax are barred after two years. Lien for taxes does not attach to after acquired property. 2. Whatever interest a person has in land, whether of title or right of possession, may be taxed. 3. The Board of County Commissioners has the power to sell the County Poor Farm and to invest the proceeds in the erection of a hospital for the care of the poor. February 2, 1907
02- 26-4-1 The State Auditor should draw a warrant at the end of each quarter for payments of State's portion of county attorney's salary. February 4, 1907
02- 26-4-2 Section 4560 of the Pol. Code is repealed by Sec. 4512 of the same Code, and the only counties now entitled to auditors are counties of the first, second and third class. February 4, 1907
02- 27 1. A law which authorizes the deduction of the amount of mortgage on land from the value of the land for purposes of taxation, is unconstitutional. 2. The legislature may provide for taxation of mortgages on real estate in a manner different from the taxation of mortgages on personal property and unsecured credits. February 7, 1907
02- 30 1. The County Commissioners have no authority to allow to Treasurer extra compensation for doing that which the constitution prescribes as his duty to do. 2. County Commissioners have no authority to pay a corporation or clerks or agents for furnishing the names of employees liable for special road and poor taxes, but the Board may furnish the County Treasurer sufficient help at the expense of the county to enable him to collect special road tax. February 16, 1907
02- 32-20 A law exempting old soldiers from property assessment and taxation is unconstitutional. February 20, 1907
02- 32-23 It is not within the power or authority of a board of county commissioners to allow or pay to a deputy clerk of a court a greater salary than the maximum fixed by law. February 23, 1907
02- 33 There is no constitutional objection to the legislative assembly passing a law for the payment of moneys due sheriffs under Section 4604 of the Political Code for transporting prisoners, and the fact that the Ninth Legislative Assembly has made appropriation for the payment of a part of the claims does not liquidate the obligation nor affect its legality. February 23, 1907
02- 34 A printing contract entered into by a retiring board of county commissioners is merely voidable, and may be ratified by the new board or disregarded and a new contract intered into. A contract entered into with a newspaper which has not been published continuously for six months in the county immediately preceding the awarding of the contract is void. February 23, 1907
02- 36 1. The Legislature has no power to levy a tax except for State purposes, and cannot exceed the limit named in Section 9, Art. XII, State Constitution. 2. Taxes levied for Bounty Fund, Stock Inspection, Indemnity, etc., are a part of the two and one-half mill limit named in said Section 9 of the State Constitution. February 26, 1907
02- 37 Under the laws of 1903, page 136, County Commissioners have authority to appropriate one thousand dollars for the purpose of paying the expenses of the county agricultural fair. It is a public purpose for which an appropriation of public money may be made. The Fair Commissioners appointed may be members of an incorporated county fair association. February 27, 1907
02- 39 A person appoint to the position of county attorney will hold his office until his successor is elected and qualified. Overruling opinion to H.C. Shultz, November 20th, 1906. (Opinions of Attorney General, p. 406.) March 2, 1907
02- 41 A Board of County Commissioners have not authority to divide the county printing and contract with more than one newspaper for such work. March 2, 1907
02- 42 1. The situs of live stock for purposes of assessment and taxation is the county where the property belongs. 2. It is not within the power of a board of county commissioners to revoke saloon licenses issued for the conduct of retail saloon dealer's business in a town, city or camp having a population of more than one hundred. March 2, 1907
02- 43 Bonds given as security for deposits of county funds should run to the State of Montana. Where special deposits are made, no bond at all is necessary as an indemnity. March 6, 1907
02- 44 Under the provisions of the Constitution a member of the legislature cannot be appointed to any other public office during the time for which he shall have been elected, and this disability does not cease until the expiration of the full period of time for which he was elected. March 13, 1907
02- 45 The question of issuing county and high school bonds must be submitted to the qualified electors, not to the taxpayers. Women cannot vote at such elections. Only such electors as were duly registered at the registration for the last general election can vote, as copies of such registration books are the ones to be used at special elections. March 18, 1907
02- 47 All persons engaged in an occupation or profession for which a license is required, must procure a license before the commencement thereof; and must at that time pay a quarterly license, as no smaller amount can be accepted by the treasurer. A person who neglects to pay such license when due cannot after a repeal of the law settle such license for a lesser amount than that due for a quarter. March 21, 1907
02- 49 A Board of County Commissioners has authority to issue bonds for the purpose of redeeming outstanding warrants in excess of the sum of Ten Thousand Dollars, without first submitting the proposition to a vote of the electors of the county. March 22, 1907
02- 50 A Notary Public is a public officer. Under Sections 2 and 11 of Article IX of the Constitution, women are ineligible to the office of Notary Public. The Librarian of the Historical Library is a public officer and women are not eligible to such office under the above section of the Constitution. Assistant Librarians are not public officers within the meaning of the above provisions of the Constitution, but are merely clerks, and women are eligible to hold such positions. March 22, 1907
02- 56-1 It is not within the power of a Board of County Commissioners to allow or pay a deputy sheriff a greater salary than the maximum prescribed by law. March 30, 1907
02- 56-30 A deputy county clerk is a public officer. "Office under the State" includes county officers and their regular deputies, and under Sec. 7 Art. V of the Constitution, a representative cannot take an appointment as such deputy during the term for which he was elected representative. April 1, 1907
02- 58 As a general rule the County Commissioners have the authority to sell "The County Poor Farm," or any part thereof or any easement therein. March 22, 1907
02- 59 A county free high school regularly established in a county cannot be discontinued or abolished by the action of the Board of Trustees in failing or neglecting to certify to the Board of County Commissioners an estimate of the amount of taxes necessary to run such school; nor is there any provision whereby the question of the abolishment of such high school can be submitted to the electors of the county. It is a mandatory duty of the trustees to certify such estimate of taxation to the County Commissioners, and they may be liable for failure so to do for damages, or could be mandamused and would be guilty of a misdemeanor for wilfull omission to perform their duty. March 23, 1907
02- 61 In the absence of a constitutional provision limiting its authority, the legislature can alter at pleasure the term, mode of appointment, or compensation of any office created by it. Section 31, Article V, Constitution, relates only to offices the tenure, mode of appointment or compensation of which is established by the Constitution, and does not apply to other offices of the State created by legislative action. Deputy officers who hold office during the pleasure of their principal have no fixed or definite term within the meaning of the above constitutional provision, and are not subject to the provisions thereof. March 29, 1907
02- 63 The publication of the State Treasurer's Quarterly Report by the Governor, in a newspaper to be by him designated, is not such printing as is contemplated by the Laws of 1897, page 58, requiring the Union Label to be attached to all printing for which the State of Montana is chargeable. March 29, 1907
02- 65 It is not within the province of the Governor to change the date set apart for the observance of "Arbor Day," as the same is fixed by law. April 5, 1907
02- 66 The item of $1000.00 mentioned in Section 8 of the Railway Commission Law, does not constitute an appropriation but is rather a limitation on the amount to be expended for the purposes therein named. Said amount to be paid for the purposes therein named. Said amount to be paid from the moneys appropriated by Section 36 of the Act. April 6, 1907
02- 67 1. A Board of Railroad Commissioners have power to make personal investigation at the scene of the accident, or they may hold an investigation at their office or some other place in the State within a reasonable time after the accident; and said Board has power and authority to compel the attendance of witnesses at such subsequent investigation by subpoena. April 11, 1907
02- 68 1. The Board may regulate the stoppage of trains at stations when after an investigation they find that it is to the best interests of the traveling public to pass such a rule or regulation. 2. It is not in violation of the commerce clause of the Federal Constitution, and the Board of Railway Commissioners has power, under certain conditions, to cause inter-state trains to make regular stoppages at specified stations on railroad lines in the State of Montana. 3. Where stations have adequate and sufficient train service it is not in the power of a Railroad Commission to arbitrarily cause all passenger trains to stop at such stations. April 11, 1907
02- 69 Foreign Surety Companies, after filing copy of articles of incorporation with the Secretary of State, and appointing agents and depositing securities, as provided by Chap. 109, Laws 1903, must make proof thereof the State Auditor. And thereafter such companies are under the jurisdiction of the State Auditor and must file statements with him as required of foreign insurance companies, but need not file annual statements with the Secretary of State as required of foreign corporations other than foreign insurance companies. April 10, 1907
02- 72 In school districts of the second and third class having fifty or more children of school age the names of candidates must be filed and posted five days before the election and votes cast for persons not so nominated should not be considered by the trustees in canvassing the election returns. April 13, 1907
02- 74 1. The law relative to election districts of a county provided for in Section 61, of the Penal Code, is also applicable to an election district where a municipal election is held. And the penalties provided in Section 61, apply to one who registers or votes at such election. 2. When an elector has resided ten days in one ward and removes to another ward twenty days before an election, he thereby loses the right to vote in either ward. April 12, 1907
02- 76-15-1 Chapter 5, Laws of 1907, known as the Sixteen Hour Law, regulating the hours of labor of railroad employees, is not beyond the legislative power of the State and should be enforced. April 15, 1907
02- 76-15-2 The third Tuesday of April being fixed by law for the observance of Arbor Day and the Governor having proclaimed the same to be a legal holiday it is a non-judicial day and the District Court or Judge cannot act except as provided in the exceptions to Section 121 of the Code of Civil Procedure. April 15, 1907
02- 77 Under Section 3671 of the Political Code, property used exclusively for educational purposes is exempt from taxation. Under the same Section Hospitals, when not used or held for private or corporate profits, are exempt from taxation. The payment of fees by patients which are merely used for paying the running expenses or for increasing the facilities of the institution and similar purposes, are not private or corporate profits within the meaning of the law. Chairmen of the Board of County Commissioners need not sign warrants for officers salaries. Individual members of the board are entitled to per diem for work performed pursuant to authority delegated to them by the board. April 18, 1907
02- 80 Section 62 of the Penal Code does not apply to school elections and the only way to punish one who unlawfully votes in a district of the third class is to punish by an action charging perjury where the illegal voter has been challenged before voting. April 18, 1907
02- 81 Chapter 65, Laws of 1907, prohibits the selling of liquor only on railroad grades under course of construction or on which track is being laid, and does not apply to the roadbed of a railroad which has been completed and in actual use. April 19, 1907
02- 82 Where public highways are to be constructed across railroads it is the duty of the railroad companies to construct crossings at their own expense, and maintain suitable cattle guards and fences at such crossings. When such crossings are deemed necessary, it is the duty of the County Commissioners to make an order requiring railroad companies to construct the same; and if the order is not obeyed it then becomes the duty of the county attorney to institute proceedings in the district court to compel the railroad companies to construct the crossings. April 19, 1907
02- 83 Where a temporary state certificate is granted to a teacher and he is prevented from registering the same by reason of delay in the office of the state superintendent but continues teaching, the district is liable for the payment of his salary. April 19, 1907
02- 85 The word "inhabitant", as used in Section 3960 of the Political Codes, means resident. Persons who are not residents of this State, as that term is defined in Section 72 of the Political Code, are not liable for a poll tax. April 20, 1907
02- 87-20-1 It is not within the power of the board of county commissioners to allow wages to persons working on county roads in excess of the maximum amount prescribed by law. April 20, 1907
02- 87-20-2 The expense authorized to be incurred by the County Commissioners under Sections 4721 and 4722 of the Political Code for the purpose of voting on the question of incorporating a town are proper charges against the county and are not chargeable to the inhabitants of the territory proposed to be incorporated. April 20, 1907
02- 89 1. In the matter submitted the Board of County Commissioners are concerned only with the sufficiency of the petition filed, and as to what lands should be considered in the creation of the district. 2. Sections 1 and 2 of the Act state what must be included in the petition. 3. The boundaries of the district are limited only by the lands which are susceptible of irrigation from the source of water supply and system of irrigation works, which will belong to the association when the district is created. 4. Only the tracts of land which are susceptible of irrigation should be included in the district, though these tracts are noncontiguous. 5. The district when created has the same right as an individual to change the point of diversion so long as such change does not interfere with other appropriators of the waters. April 20, 1907
02- 91 Principal, agent or employee who carries on, etc., for money etc., is liable. Playing for treats, etc., when it is expressly or impliedly understood that the loser must pay is gambling; if no such express or implied understanding it would be merely amusement and not gambling. Certain enumerated games are prohibited absolutely, even for amusement in certain places of business. Social clubs exclusively for members and not for profit are not such places of business. April 23, 1907
02- 95 Under the facts stated, the court would probably uphold the election, provided all other things were regular and no element of fraud entered into the matter. April 23, 1907
02- 96 A taxpayer who pays his taxes under protest wherein the facts do not come within the provisions of Section 4024-A, Chap. 108, p. 304, Laws 1905, has two years from the date of said payment within which to commence an action under the provisions of Section 4024, Political Code. It is the duty of the County Treasurer to hold the taxes so paid until the determination of any action brought for the recovery thereof, and if no suit is commenced within the two years it is then the duty of the County Treasurer to pay the State's portion of the same over to the State Treasurer. April 23, 1907
02- 97 Money placed in the State Treasury to the credit of the Stock Inspection and Detective Fund, under Chap. 194 Laws 1907, may be used in the same manner as if placed in said fund by direct appropriation of the Legislature. April 25, 1907
02- 98 1. Local and County Boards of Health organized before the passage of Chap. 110, Laws 1907, must be reorganized under the new law, except where the new law is a mere continuation of the old law. 2. Where either a county or city have entered into a contract with a physician for a definite time at a definite compensation, Chap. 110, Laws 1907, would not have the effect of nullifying that contract. April 25, 1907
02- 99 Merchandise Slot machines, which pay only in merchandise, and deliver for each nickle deposted the ordinary amount of merchandise which would be delivered if sold over the counter, are not prohibited by the gambling law. Cane Racks may be so conducted as to make them gambling devices. Raffles are one class of Lottery, and are covered by Section 580 Penal Code. April 29, 1907
02- 100 Bonds given as security for deposits of county funds should run to the State of Montana. Where special deposits are made, no bond at all is necessary as an indemnity. April 29, 1907
02- 102 1. A health officer cannot create the office of assistant, but may employ persons to aid him in the discharge of his duties. 2. A person exposed to contagious disease on a railway car may be detained in such car until the same has reached a point where clothing, car, etc., may be fumigated and disinfected. 3. A person afflicted with scarlet fever, diphtheria, etc., may be removed from a railway car when in transit. 4. Employer, foreman, etc., in charge of a camp employing a large number of men may be compelled, in certain cases, to furnish accomodation for quarantine when required by Board of Health. 5. Money received by Board of Health from undertakers who apply for licenses may be, with certain limitations, used by the Board in defraying expenses of examination of undertakers, and in defraying incidental expenses connected therewith. April 30, 1907
02- 105 Under the law of this State a person receiving a commission as Stock Commissioner is required to pay to the Secretary of State the statutory fee of Five Dollars. April 30, 1907
02- 106 The eight hour law applies to work at coal mines in connection with the washing and reducing of coal. May 2, 1907
02- 107-2 Neither the State Examiner nor his assistants are required to furnish an official bond unless the same is required and the amount thereof fixed by the State Board of Examiners. May 2, 1907
02- 107-3 It is legal for the State University to have its printing done outside of the establishment having the contract for public printing, such work not being included therein. May 3, 1907
02- 108 It is not within the province or power of the Board of County Commissioners to allow a salary to deputy county officers in excess of the maximum prescribed by law. May 7, 1907
02- 110 No specific time is required wherein a man shall reside in the State before he is liable for a special road tax in the county in which he is then residing. The burden of proof is on a resident to show that he has a fixed place of residence to which he intends to return. If a man from whom it is sought to collect the tax has no fixed place of residence in any other state, or county within Montana, then he must pay road tax in the county in which he is temporarily residing. May 7, 1907
02- 112 1. The State Live Stock Sanitary Board may quarantine against Rabies, and may prohibit the removal of animals affected therewith, except under restrictions. 2. The Governor may establish quarantine against states where Rabies are known to exist, and make rules for the importation of animals into the State of Montana from affected localities. 3. The Board may slaughter animals affected with Rabies, or slaughter animals exposed thereto, when necessary as a sanitary safeguard. May 20, 1907
02- 114 A projected line of railroad or one in process of building is not taxable by the State Board of Equalization until it is completed so as to come within the meaning of the term "railroad." May 22, 1907
02- 116 Chap. 92, Laws of 1907, does not conflict with prior laws relating to the admission of children to the State Orphans' Home. Children in the State Orphans' Home, whose parents, or either of them, reside in the State , must be kept there one year before the Trustees can consent to their adoption. May 23 ,1907
02- 117 Lands are assessable when the right to patent is complete in the entrymen, even though patent has not issued. Personal property in the possession of the owner on the first Monday in March is assessable to and in the name of such owner. May 25, 1907
02- 118-27 Section 4078 of the Political Code, prescribing the license to be collected of Toll Ferries, repeals subdivision 2 of Section 2824 of the Political Code by implication, but the remainder of said latter section is not affected. May 27, 1907
02- 118-28 1. A sheriff is not entitled to a commission where he has neither sold property, nor received money or property to be applies in satisfaction of an execution or order of sale. 2. The election provided for by Sections 1960, 1961 and 1962 of the Political Code should be conducted in the manner of conducting elections for school trustees. 3. District courts, alone, have jurisdiction to try a criminal action against a corporation. May 28, 1907
02- 120 Real estate owned by a bank should be assessed and taxed to the corporation. All other property of the bank should be assessed by considering the same in estimating the value of the shares of stock which are assessed to the shareholders. May 27, 1907
02- 121 Under Section 1772, Political Code, as amended, the failure of the clerk of a school district to post the name of a candidate for school trustee at least five days before the election, where such candidate has presented a certificate duly signed by the required number of electors, does not invalidate the election of such candidate where he receives the highest number of votes cast. The facts in this case are clearly distinguishable from the facts in the opinion given to County Attorney Lentz on April 12, 1907, to which reference is hereby made. June 1, 1907
02- 123 The law relative to the time in which rates and tariffs shall go into effect, as declared by Chap. 37, Laws 1907, is not in conflict with the Federal Statute, to-wit, the Interstate Commerce Act, as amended June 29, 1906, as the apparent conflict may be reconciled on the theory that one refers to tariffs and rates fixed by common carriers, and the other refers to such rates and tariffs when fixed by the Board of Railroad Commissioners. June 3, 1907
02- 124 The repeal of Chap. 99, Laws 1905, by Chap. 55, Laws 1907, does not affect the provisions of Section 1260, Political Code. The Board of County Commissioners in a county where the Primary Election Law was never put in operation, may appoint election judges as they always did. Statutes copied without change are not to be considered as repealed and again enacted. June 7, 1907
02- 125 The deputy register of the State Land Office can legally act only in the name of his principal, the Register. June 6, 1907
02- 126 The Act of 1907 prohibits any foreign building and loan association from entering this State to do business, after its passage, but does not prohibit a foreign association then authorized to do business in the State from continuing its business upon compliance with the law. June 7, 1907
02- 128 An Instructor in Stenography and Typewriting in public schools is not required to have a certificate of his qualifications, which are passed on by the School Board. June 10, 1907
02- 129 The State Veterinary Surgeon and the Live Stock Sanitary Board have the authority to engage employees when necessary in the operation of dipping and spraying plants necessarily used by the said Board in preventing the spreading, etc., of disease among live stock. June 12, 1907
02- 130 The State of Montana has no enforceable right to school lands under the grant from Congress, as against the United States Government, before the same are officially surveyed. June 17, 1907
02- 133 Deputy Game Wardens should be allowed their actual expenses incurred in traveling in the performance of duty outside their districts at the direction of the State Game Warden. June 19, 1907
02- 134-1-1 The State has no right to lease or collect rent for unsurveyed school lands. July 1, 1907
02- 134-1-2 Under Section 3971, Political Code, it is the duty of the Assessor to ascertain the number of employees employed by any person, corporation, etc., and to turn the same over to the Treasurer, whose duty it is to collect such taxes. July 1, 1907
02- 135 1. The county may deposit money with a bank and receive from the bank interest on the daily balances, for the reason that there is no law preventing the same, and it is the duty of the County Treasurer whenever he can deposit with a bank that furnished good and sufficient bond to so deposit the county funds. The interest on said deposits belongs to the county and should be apportioned among the several funds according to the amount of each fund so deposited. 2. When two candidates for school trustee, neither of whom has complied with the law relative to their nomination, receive an equal number of votes, the old member of the school board does not hold over but it is the duty of the County Superintendent to name a school trustee to fill the vacancy. July 1, 1907
02- 137-2 Section 21 of Chap. 21 of the Laws of 1907, does not conflict with nor amend Sections 19 and 20 of said Chapter. July 2, 1907
02- 137-6 The United States Government cannot be held liable for a special road tax of persons employed by it, under the law requiring employers to furnish lists of the men in their employ. This, however, would not relieve persons working for the government, who are bona fide residents of a county, of their liability to pay such special road tax, but the same must be collected in some other manner than that of demanding lists of employees from the employer. July 6, 1907
02- 138 The law does notr expressly provide that employers must determine which of their employees are residents of the State and liable for special road and poll tax. They should, however, furnish a list of all employees to the public officials whose duty it is to collect such taxes, and assist the official in determining which of such persons are liable for the tax. And upon receiving the amended list, containing only the names of those liable for the tax, it would be their duty to see that such tax is paid. July 9, 1907
02- 140 In Section 3498 the term "permanent school funds" includes all permanent funds of State institutions of learning, and prohibits the investment of such funds in school district bonds which are not the first or only issue of the district. July 13, 1907
02- 142 Under Section 3695, as amended by Chapter 25, Laws 1905, for the purpose of determining the surplus and undivided profits of a private banker, all solvent credits, after deducting all solvent debts, should be added thereto, as the excess of solvent credits over solvent debts constitute a part of the surplus and undivided profits. July 16, 1907
02- 143 Chap. 22, Laws 1907, which repealed merchants' professional and occupation licenses imposed by counties, does not affect the power of cities and towns to impose similar licenses. May 29, 1907
02- 144 Under Section 3703, Political Code, the Assessor must furnish copies of the assessment list to each person assessed, and in addition thereto must give a special notice as required by Section 4024-A of Chap. 108, Laws 1905, wherever the estimated value is increased or other property added to the list. July 22, 1907
02- 146 Local or county boards of health should not allow differences to occur respecting small items of expense upon questions of the primary duty to act, respecting matters involving public health within three miles of the limits of an incorporated city. July 23, 1907
02- 147 The State Board of Land Commissioners has authority to invest the money received from the sale of lands granted to the State for a public building at the Capital in bonds of the State, county, school district, etc. Such bonds need not be the first issue of the school district. July 20, 1907
02- 148 It is not within the power of the Board of Directors of the Montana State Fair to make expenditure of the appropriation made for permanent improvements for the purchase of an additional tract of ground, the intention of the language used in the Act being that the money appropriated thereby shall be used only for permanent improvements upon the ground already owned by the State for State Fair purposes. July 23, 1907
02- 149 All men and women who are citizens of the United States over 21 years of age, and who have resided in the State of Montana one year and in the school district thirty days, are entitled to vote at a school district election for the purpose of issuing school bonds, and they need not be registered in order to vote at such an election. July 25, 1907
02- 150 A prisoner serving a jail sentence is entitled to witness fees in a criminal case. July 31, 1907
02- 151 The inheritance tax is based on the value of the property received by each heir, etc., and not upon the total value of the estate of the deceased. August 1, 1907
02- 155 Under Chapter 15, Laws of 1907, the freeholders petitioning for a saloon license need only be residents of the political township, but are not required to reside within a mile of the location of the saloon. Chapter 115, Laws of 1907, prohibiting gambling in this State, does not include wagers made by persons respecting their ability to hit the bulls-eye in a shooting gallery. August 1, 1907
02- 156 A prisoner serving a jail sentence is not entitled to witness fees in a criminal case, except for the day or days that he actually appears in court and gives testimony. At other times he is in attendance at the jail and not at the court. August 7, 1907
02- 157 The Board of Railroad Commissioners may by supplemental order alter or amend rates or classifications by it established without notice; provided, the company affected waives such notice. August 14, 1907
02- 158 Section 1000, Civil Code, as amended, gives authority to corporations and persons to construct telephone lines along public highways. The County Commissioners have no authority in such matter except to provide reasonable regulations as to the manner of constructing same. Query as to right of an indivindual to construct a private line for exclusive use. August 24, 1907
02- 160 Under Subdivision 21, Sec. 4230, Political Code, it is the duty of the Board of County Commissioners to cause a fair statement of its proceedings to be published. The county clerk should furnish such fair satement to the printer, and the same need not be a full copy of the commissioners' minutes. Under Section 4215, Political Code, two members of the Board of County Commissioners can call a meeting by signing a written order and having the same recorded. They need not formally meet in order to make the signing of such order valid. August 17, 1907
02- 161 Where defendants make separate appearances in a civil action they must pay $2.50 for each appearance. Where all the defendants make appearance in the same demurrer or answer one fee $2.50 covers the appearance of all. September 9, 1907
02- 163 Under Chap. 104, Laws of 1907, all building and loan associations, whether incorporated prior to 1897 or not, are subject to examination by the State Examiner, as the exemptions contained in the law of 1897 are removed by the amendments to such law in 1907. September 17, 1907
02- 164-17-1 An incorporated city or town which places itself under the jurisdiction of the county board of health is liable for expenses incurred in enforcing the sanitary laws within its corporate limits. September 17, 1907
02- 164-17-2 Section 146 of the Civil Code was repealed by House Bill 142 of the Laws of 1895, though such section was not mentioned in the title of the bill. September 17, 1907
02- 166 A white person residing on an Indian reservation is entitled to the same care and protection from the county authorities as if he resided at some point in the county not on the reservation. State and county boards of health have jurisdiction over white persons residing on Indian reservations. September 27, 1907
02- 167 An incorporated city or town is liable for the expenses incurred in enforcing sanitary law within its corporate limits. September 12, 1907
02- 168 1. A party who files a complaint in intervention is liable for the payment of a fee as for the commencement of an action. 2. The Clerk of the Court should charge a fee of one dollar for issuing order of sale on foreclosure of mortgage. October 9, 1907
02- 169 Chapter 159, Laws 1907, prohibits the use of the words "Trust," "Trust Company," "Savings" or "Savings Bank" in any corporation not incorporated under Sections 590 to 611 of the Civil Code. And the fact that the corporation using such words in its title was incorporated before the passage of said Chapter 159 does not exempt it from the operation of said law. October 9, 1907
02- 171 Section 4063, as amended by Chapter 82, Laws 1905, does not repeal by implication the license provided for in Section 4068, as amended by the Laws of 1897. The population upon which the amount of the licnese is based can only be determined by the United States census, or by census taken by the city or town in accordance with law. October 9, 1907
02- 172 Patrons of card games who have no other connection therewith except as players are not accessories with those who operate, conduct, or run, etc., the game then being played. October 10, 1907
02- 173 1. The Board of Trustees of a County Free High School cannot expend more than ten thousand dollars for a single purpose without first securing the approval of the electors of the county therefor. 2. The Board of Trustees of a County Free High School cannot contract any indebtedness or liability in excess of the funds then on hand or available from taxes of the current year or from the sale of bonds. 3. Propositions for the expenditure of county money may be submitted to the electors thereof at a special election. October 22, 1907
02- 175-2 Applicants for license to practice medicine must use the English language in writing out their answers to the questions submitted. October 22, 1907
02- 175-22 It is not within the power of the Board of County Commissioners to pay the County Clerk compensation in excess of that prescribed by law. November 2, 1907
02- 176 1. Where a railroad fails to comply with rule of Board of Health actions should be instituted under Section 15, Chap. 110, Laws of 1907. 2. Where persons appointed as local Board of Health are absent from the city for ten days, or do not qualify or act as such, a vacancy is thereby created. 3. The secretary of a local Board of Health need not be a physician when the duties required of him are only such as may be performed by persons other than physicians. October 29, 1907
02- 179 Chapter 65, Laws 1907, makes it a misdemeanor to sell or give away any liquors, regardless of quantity, at the points and places mentioned in such law. The County Treasurer is therefore justified in refusing to issue liquor licenses at such places. November 2, 1907
02- 180 It is not within the power or province of the Railway Commission to compel a railroad to furnish cars or others equipment to an independent line of road for the purpose of facilitating the conduct of business over such independent road. November 8, 1907
02- 181 A sheriff when upon extradition for a fugitive acts as an agent of the State, within Section 2862, Penal Codes, and is not entitled to sheriff's mileage. November 6, 1907
02- 182 1. The rule of a railway company requiring excess fare in excess of that allowed by Chapter 87 of the Laws of 1905, is in violation of that law and subjects it to the penalty thereof. 2. A railway company can make rules and regulations for the operation of its road when same are reasonable and are not in violation of law. November 8, 1907
02- 184 A license must be issued by the State Auditor to every person, form or corporation acting as an agent, solicitor or representative of any insurance company, and such license is not transferable. November 13, 1907
02- 185 It is within the power and authority of the Board of Directors of the State Fair to appoint a custodian of the State Fair grounds and property, and to fix his compensation. November 14, 1907
02- 186 1. A person who attempts to treat, cure, relieve or alleviate, human ailment, receiving, or with the intent to receive, any form of compensation therefor, without having first obtained a physician's license, is guilty of a violation of Chap. 101, Laws 1907. 2. A person who advertises or publicly professes to treat, cure, relieve or alleviate human ailment, either by way of newspaper advertisement or hand bill, is guilty of a violation of Chap. 101, Laws 1907. The better rule, however, in cases of this nature, is to submit proof as to all the violations referred to and not rest on one alone. 3. Dentistry and Optometry being provided for in special laws, are not within Chap. 101, Laws 1907. A person practicing either one is subject to the laws of that one alone. November 25, 1907
02- 188 The fact that the individual members of a banking co-partnership, or others in interest, execute as sureties an indemnifying bond of a deposit of public funds as provided by Section 4367 of the Political Codes, as amended by Chap. 5, Laws of 1903, does not of itself effect the sufficiency of the security. November 25, 1907
02- 189 !. A city or town is a subdivision of the State, and as such is entitled to its exemptions from the payment of fees and court costs as provided in Sections 4612 of the Political Code and 1874 of the Code of Civil Procedure. 2. A city or town, as such, is not exempt from the payment of such costs as it may incur in the prosecution of an action, but should not be required to pay same in advance. November 29, 1907
02- 191 Persons who are non-residents of the State and temporarily employed in different counties in the State do not thereby acquire residence in any of said counties, and are properly cared for in the county in which they become destitute, unless the county authorities of some other county have sent them into that county for the express purpose of avoiding the expense of caring for them. November 30, 1907
02- 192-5 The Board of County Commissioners has no authority to pay the public weigher a salary for his services different from that prescribed by law. December 9, 1907
02- 192-9 The county authorities have no authority to authorize the bonding of a county or any portion thereof for the purchase and improvement of lands for a public park. December 5, 1907
02- 193 The Board of County Commissioners have no authority to compromise a judgment rendered on a forfeited bail bond. December 9, 1907
02- 195 The opinion deals with questions relating to recapture of escaped inmates, paroles, pardons, criminal actions aganst inmates, and sale of the Reform School farm products. December 12, 1907
02- 197 The Legislature having appropriated money for the erection and equipment of a metalurgical plant, and also money for a boiler plant at the School of Mines; and it appearing that the appropriation for the boiler plant has been fully exhausted and money still due thereon, and that the boiler plant is a necessary portion fo the equipment of the metalurgical plant, there is no objection to paying the balance due on such boiler plant from the appropriation made for the erection and equipment of the metalurgical plant. December 18, 1907
02- 198 An appropriation made for the "maintenance of the state prison" is sufficiently comprehensive in language to permit of the use of same for the making of necessary improvements and repairs. December 18, 1907
02- 199 Personal property brought into a county for use on a railroad grade by a resident of another county in the State is subject to taxation in the county of such person's residence. If brought into a county by a non-resident of the State, with intention of taking it out again when through, it would be subject to taxation in whatsoever county it was being used, or was found, on the first Monday of March. December 19, 1907
02- 200 The Coroner should hold an inquest only when he has reasonable ground to suspect that death was caused by suicide, or the result of the act of another by criminal means. December 19, 1907
02- 201 County Commissioners should contract with some practicing physician residing within the county to furnish medical attendance to sick, poor and infirm, etc., of the county. December 19, 1907
02- 202 It is not violative of the provisions of the Constitution to permit the use in schools of songs or literature, even though based upon the fundamental teachings of the Bible, provided they are used only for secular instruction or entertainment. December 21, 1907
02- 205 A billiard table used only for playing for drinks in a saloon is subject to license under Section 4062, Pol. Codes, as amended. December 24, 1907
02- 206 Initials, abbreviations and figures are sufficient to designate township, range and section, in describing property liable for delinquent taxes, and the name of the delinquent taxpayer need not appear but once in the published list. December 24, 1907
02- 207-7-1 Boards of School Trustees, under Subdivision 2, Section 1797 of the Political Code, have authority to determine rates of tuition for non-resident pupils. January 7, 1908
02- 207-7-2 The income derived from the permanent fund for the State School for the Deaf and Blind is available for use for the maintenance and support of the institution. January 7, 1908
02- 208 Filing of certificate of extension of corporate existence is not a compliance with the act of 1897. Building and Loan Societies organized and existing by virtue of the passage of the Act of March 4, 1897, are not amenable to the provisions thereof, nor entitled to any of the privileges or powers conferred by the Act, unless they voluntarily come under the Act. January 8, 1908
02- 209 An insanity hearing is a civil proceeding. County officers receiving fixed salaries are not entitled to witness fees when testifying in such a case. County and township officers not receiving fixed salaries are entitled to witness fees. January 10, 1908
02- 211-10-1 Under the provisions of Section 1967, Political Code, a Board of School Trustees have the power and authority to direct the County Treasurer to invest the moneys on hand to the credit of a sinking fund, or any part thereof, in state or county bonds or warrants. January 10, 1908
02- 211-10-2 It is within the power of the Board of County Commissioners to fix the number of deputies sheriffs should be allowed in their counties. Where a sheriff is entitled to mileage he can collect same although he may travel on a pass. He is entitled to retain the mileage so collected, as no part of it belongs to the county. January 10, 1908
02- 213 Until the County Commissioners have otherwise designated the fees for filing certificates of births and deaths may be paid either from the General Fund or Contingent Fund of the county. January 13, 1908
02- 214 1. The county board of health has authority to make reasonable rules for restricting the expenses incurred and made by the county health officer. 2. Any member of the county board of health may make inspection of probable unsanitary conditions for the information of the board. January 13, 1908
02- 216 The plat of an unincorporated townsite, situated on private lands, must be made, certified to, and filed, in accordance with the provisions of Section 5007 to 5013, Political Code, except in so far as where such sections refer to plats of additional townsites of an incorporated town or city. January 16, 1908
02- 217 1. A boarding house keeper or a hotel keeper who furnishes venison to his boarders or guests, as a part of the meal, for which they pay, is guilty of violating the law prohibiting the sale of the animal "or any part thereof." 2. A person is not an accessory to the crime of killing deer out of season for merely aiding to bring in a deer which someone else has killed. January 17, 1908
02- 219 The duty of caring for the sick, poor and infirm rests with the county and the expense thereof is a proper charge against the county. The municipal authorities of cities and towns, without regard to population, are charged with the duty of enforcing sanitary laws, and the expense thereof is a proper charge against the municipality, as is also the cost of establishing and maintaining quarantines, and caring for all persons afflicted with contagious or infectious diseases who are placed in an isolation hospital for such quarantine. January 17, 1908
02- 220 1. County warrants issued for a single purpose in excess of ten thousand dollars, unless authorized by a vote of the electors, are void. 2. County warrants cannot legally be issued to pay interest on warrants previously issued. 3. Money received from sale of bonds for the construction of a certain bridge cannot legally be expended for any other purpose. 4. County warrants must be paid in the order of their registration. 5. An indebtedness in excess of ten thousand dollars for a single purpose incurred by a board of county commissioners may be validated by a vote of the electors. January 21, 1908
02- 223 Teachers in a free county high school are not entitled to salary for attending Montana State Convention of teachers during a vacation. The Board of Trustees have no authority to pay for prizes for debating contests out of public funds of the school. The board has power to fix the amount of a contractor's bond and pass upon the sufficiency of the same when furnished. January 22, 1908
02- 224 A board of county commissioners has the power and authority to declare a road traveled by the public for a long number of years to be a public highway. Section 2600, Political Code, is construed as a remedial statute, and does not of itself establish traveled roads used by the public as highways. Roads may become public highways through use by the public during the period required by the statute of limitations. January 28, 1908
02- 225 A town which does not contain a population of thirty or more persons who have resided therein for six months does not come within the exception stated in the second paragraph of Section 717 of the Penal Code, and no person can be legally licensed to engage in the liquor traffic in such town. January 30, 1908
02- 227 Where an election held for the purpose of incorporating a town results in a tie vote the board of county commissioners has no authority to call another election except upon the filing of a new petition. January 30, 1908
02- 228 A suit club in which there are weekly drawings at which the person drawing a lucky number may get a suit of clothes for less than its actual value is a lottery within the meaning of Section 580, Penal Code. February 4, 1908
02- 229 1. County warrants drawn in payment of salary during a contest to determine rightful incumbent of office, when drawn in favor of claimant finally ousted, are issued without authority of law. 2. It is the duty of the county treasurer to refuse to pay such warrants, they being illegally drawn, even in the absence of a restraining order. 3. It is the duty of the county attorney to commence an action to restrain the payment of county warrants illegally drawn when he has notice that such warrants have been issued. February 7, 1908
02- 231 1. The county treasurer should pay county money out only upon the presentation to him of a warrant. 2. No duty rests upon the county coroner to hold inquests on an Indian reservation when he is informed that an Indian has died under such circumstances as to justify the belief that a crime has been committed. February 8, 1908
02- 233 Where a person or corporation ship sheep in this state without giving the notice required by law, and the same are transferred through or into more than one county of the state, the venue of the offense thus committed may lie in any county through or into which such sheep are shipped. February 15, 1908
02- 234 The proceeds received from the sale of lands acquired for the abandoned Eastern State Prison and abandoned sub-experimental station near Billings should be deposited with the State Treasurer to the credit of the General Fund. February 17, 1908
02- 236-19 Section 2790, Penal Code, is not amended by Chaper XCVIII, Laws 1903, and the powers and duties of a county coroner are not enlarged by the provisiosn of said chapter, but the same relates only to duties of mine inspector. February 19, 1908
02- 236-20 A state bank should make the annual report provided in Section 451, Civil Code, as amended. February 20, 1908
02- 237 Where children in the orphans' home are adopted the trustees may consent to such adoption in writing duly acknowledged without the presence of such trustees before the judge of the district in which the adoption is made. March 5, 1908
02- 239 Duty of coroner to hold inquest under Section 2790, Penal Code, is limited to cases where he has reason to believe that death was caused by criminal means, and an autopsy should not be ordered except when necessary to obtain evidence for the purpose of determining whether death had been caused by some criminal means. March 11, 1908
02- 240 1. Any land owner is entitled to recover from the county such damages as he may sustain by reason of the opening of a road through his land, whether the same is upon section or subdivision lines or extends diagonally across his land. 2. Where a desert entryman claims damages by reason of the opening of a road through his claim, the county cannot refuse to pay damages on the ground that the entryman has not complied with the law of the United States with reference to his claim. 3. A person to be entitled to damages by reason of the opening of a road through land claimed by him must have either legal or equitable title or right to the land. March 11, 1908
02- 241 Chapter 5 of the second extraordinary session of the Eighth legislative assembly, enumerates what charges the county in which a civil action is tried may legally make against the county from which the action was removed, and this, in effect, includes all costs and expenses incurred by reason of such change of place of trial, but does not include the cost of summoning the jurors of a regular panel, unless same was occasioned by reason of the removal of such case. March 12, 1908
02- 243 Where a car conveying a bridge crew is sidetracked at its destination, and used a place of abode, and a case of smallpox is found therein, such car should be treated as a camp and the car placed in quarantine where found. March 12, 1908
02- 244 A juror on a regular panel cannot collect witness fees in criminal cases for the same days. A justice of the peace is only entitled to five dollars for all services rendered as committing magistrate. If testimony is taken down the county attorney may employ a stenographer and agree upon a reasonable compensation. A sheriff has no authority as sheriff to serve subpoenas beyond the limits of his county except upon persons confined in the state prison. A sheriff is not entitled to mileage for distance traveled in pursuit of a prisoner whom he fails to arrest, but may collect his actual and necessary traveling expenses. March 13, 1908
02- 247 1. Chapter LVI, Laws 1903, relating to licenses, is unconstitutional. 2. The refunding of licenses collected under such law, where judgment has not been obtained, rests in the discretion of the county authorities. 3. The portion of said license paid to the state treasurer can only be refunded after auditing by the state board of examiners by appropriation made by the legislature. March 17, 1908
02- 248 The eight hour law has no application to public officials except as is specifically named in the law; that is, state prison guards. March 18, 1908
02- 249 The state board of land commissioners has the power to and is required to grant right of way over state lands for canals and ditches projected by the national government. No compensation is necessary or required in return for the grant of such right of way. March 20, 1908
02- 250 Where a trustee fails to qualify there is a vacancy and the superintendent must appoint until the next annual election. At the next annual election the trustees must be elected for the balance of the term for which the person was elected who failed to qualify. A public meeting of electors who name more than one candidate for the same office, is invalid. Another public meeting may be held provided it is ten days before the election for the purpose of correcting prior nomination, or of making new nominations in accordance with the law. A defective notice of election may be amended and reposted provided the reposting is at least 15 days before the election. March 21, 1908
02- 252 A mutual life insurance company which votes to discontinue and the directors thereof incorporate a stock company and reissue the policies held by the mutual company, does not authorize the stock company to enter the state under the fees and licenses paid by the mutual company, as the latter company is a separate and distinct corporation in law. April 8, 1908
02- 253 Candidates for the office of school trustees in districts of the second and third class, with more than fifty children of school age, must be nominated as provided by law, in order to have votes cast for them counted. Trustees cannot be compelled to vote in favor of submitting to the electors the question of moving a school house. April 10, 1908
02- 254 Deputies in excess of the number allowed by law may be permitted by the board of county commissioners when in their judgment the duties of the office require it. The salary of each deputy may be fixed by the board of county commissioners at any sum not in excess of the maximum allowed by law. April 14, 1908
02- 256 The purpose of the prohibition contained in Section 571, Civil Code, is to prevent an individual or unincorporated association from conducting a banking business under a name indicating or creating the impression that it is a corporation operating under state authority, supervision and examination. April 16, 1908
02- 257 Under Chap. 29, Laws 1907, taxes may be levied for the purpose of building a county free high school, and when the funds raised from such levy are in the hands of the treasurer, the trustees may use the same for building purposes; provided they do not exceed the amount on hand, nor enter into any contract for a single purpose in excess of ten thousand dollars. April 16, 1908
02- 258 Under Chap. 110, Laws 1907, a local health officer has jurisdiction over sanitary affairs when within the corporate limits of his town or city. The county health officer has jurisdiction of sanitary matters over all parts of the county outside the corporate limits, and also inside of corporate limits where a town of less than five thousand inhabitants places itself under his jurisdiction. April 20, 1908
02- 260 Where a sheriff receives subpoenas to be served on witnesses in another county in a criminal case his mileage is a proper charge against the county in which the action is pending. April 22, 1908
02- 261 1. Anyone who counsels and aids another to commit a misdemeanor in violation of the law for the protection of livestock may be prosecuted as for the commission of a misdemeanor under Section 1225, Penal Code. April 22, 1908
02- 262-25 The situs of taxation of a steamboat is in the county where the property is usually kept. April 25, 1908
02- 262-27 The county must bear the expense of the construction and maintenance of highways crossing railroads. It is the duty of the railroad companies to prepare the track at the point of crossing so that no delay or damage will result to the constructing of the highway. Where a highway is already in existence it is the duty of the railway company, at its own expense, to install and maintain the crossing in as good condition as the highway was previously at that point. April 27, 1908
02- 264 The infamous crime against nature may be committed by insertion in any opening of the body except sexual parts. April 29, 1908
02- 266 Under the provisions of Sec. 226 of the Penal Code, the expense of the trial of prisoners confined in the state prison, for crimes by them committed subsequent to their commitment, must be paid by the state from the money appropriated for the support of the state prison, and where a claim is presented to the state accruing prior to the time of the passage of the law providing for the existing appropriations for the maintenance of the penitentiary, same must be referred to the legislative assembly by the board of examiners for a special appropriation. May 1, 1908
02- 267 Under Subdivision 2 of Section 4062, Political Code, as amended by Chapter CXVII, Laws 1903, a theatre fitted up and used for exhibiting moving pictures is liable for a license at the rate of one hundred dollars per annum. May 2, 1908
02- 270 There is no provisions of the statute specifically stating how an unincorporated fire department may convey real estate. Method suggested is that foreman and secretary make conveyance on authority of resolution unanimously adopted by the department, deed to be ratified by the county commissioners before taking effect. May 6, 1908
02- 271 Under Chapter 168, Laws 1907, the boards of county commissioners in first class counties have authority to rent voting machines upon a stipulated amount per annum. Such expenditure does not come under the provisions of the constitutional limit of ten thousand dollars for any single purpose. May 11, 1908
02- 274 Under Section 4722, Political Code, all qualified electors of the State who have resided in the town six months and in the ward thirty days are entitled to vote at the first election for officers of the newly incorporated town. May 12, 1908
02- 275 Payment for publishing advertised lists of Estrays in an expense which should be borne by the fund received from sale of estrays and should be paid from the fund collected from sale of estrays during year for which such list is published, before making payment of same and accounting to state treasurer. May 13, 1908
02- 276 Taxes erroneously collected should be refunded by the board of county commissioners upon application made therefor. Claims against county free high schools for services rendered or material furnished should be itemized and verified the same as other claims against the county funds. May 13, 1908
02- 278-18 The costs in a habeas corpus proceeding such as mileage and witness fees should be paid by the county in which the proceedings originated. May 18, 1908
02- 278-27 The opening or running of a house fitted up with a stage and seats, where general admission is charged, is a violation of Sectoin 530, Penal Code, prohibiting the running of theatres on Sunday. May 27, 1908
02- 279 Under Chapter CIII, Laws 1903, the owner or person driving livestock, held in herd, upon the lands of another is subject to fine for so doing. May 28, 1908
02- 281 The state examiner under Chapter 110, Laws 1907, has no authority to designate a National bank as a reserve bank, as he only has jurisdiction over banks incorporated under the laws of this state or doing business under its laws. May 29, 1908
02- 282 In order to constitute an acceptance of a contract it is necessary that there be a meeting of the minds of the contracting parties, and that both parties agree to the terms and conditions of the award of the contract. A variance of the terms or conditions of the award by either party is not a compliance therewith, nor can a counter-offer or requested modification of conditions be considered an acceptance. June 4, 1908
02- 284 Under the provisions of Sections 2950 to 2998, inclusive, Penal Code, the board of state prison commissioners had the power, in their discretion, to resort to the contract system when it was thought best in the interest of the state. Sections 2950 to 2981, inclusive, deal with the conduct of the prison by the state, and the appointment of a warden therefor. June 8, 1908
02- 285 Where a prisoner in the custody of a sheriff of one county makes an application to the supreme court for a writ of Habeas Corpus, and the judge of another district is designated by the supreme court to hear the return on such writ, the clerk of the district court where the return is made should issue warrants in payment of witness fees, and the district judge should certify the amount of the same to the county where the case originated for the purpose of being remunerated by the said county. June 9, 1908
02- 289 The state board of education may, under conditions fixed by it, issue life certificates and state diplomas to teachers having had ten years successful experience, they being graduates of no higher institution of learning than a high school. Such certificates should not be issued by the board in the absence of conditions fixed by said board. June 10, 1908
02- 290 The electors of a school district have authority to determine where schools shall be held, and under the provisions of Section 1757, Political Code, as amended, may, in the cases therein stated, cause the school to be held in places other than school houses. June 12, 1908
02- 291 The board of county commissioenrs have authority, without petition, to create new, or change boundaries of established election precincts at the regular meeting next preceding the general or special election. If changed subsequent to that time petition should be filed therefor. June 17, 1908
02- 292 Children paroled from the reform school should be returned to the residence of their parents or guardian, when such residence is in Montana and the expense of returning them is a proper charge against the county from which the child was committed to the school. June 17, 1908
02- 294 The per diem and mileage of witnesses subpoenaed in a contempt proceeding arising out of a civil action are properly chargeable to the unsuccessful party therein. June 19, 1908
02- 296 An obstruction placed upon a public highway constitutes a continuing nuisance and the statute of limitations does not run in favor of such obstructor and against the public. June 27, 1908
02- 298 The anti-gambling law prohibits certain enumerated games and any game of chance. Pool games are not specially prohibited, nor are they games of chance. June 27, 1908
02- 299 The railroad commission of Montana has no authority to prohibit tearing up of a railroad track which had been abandoned prior to the time the commission was created. July 6, 1908
02- 302 1. The state board of health has authority to act on its own initiative in making rules or prohibitions relative to a sewer system in a city or town. 2. In dealing with a sewer system established at the time of the enactment of Chapter 110, Laws 1907, the board should proceed under the provisions of Chapter 177, Session Laws 1907. July 6, 1908
02- 303 1. Special election authorizing expenditure for erection of county free high school building must be conducted as a general election and proclamation must be issued. 2. New registration is not required for such special election. 3. Women are not qualified "electors" and cannot vote at such special election. 4. The form of ballot is suggested. July 7, 1908
02- 305 Chapter 51, Laws 1903, is unconstitutional. The provisions of Section 4066, Political Code, as amended by Chapter 84, Laws 1905, apply to one who peddles goods for another on a salary. The phrase "manufactured by himself" does not apply to articles manufactured by a corporation, nor, generally, to articles made by hired employees. July 8, 1908
02- 307 The authority of the chief of the bureau of child and animal protection will not be used to adjust differences arising from contracts made by private individuals. And said state officer should not interfere until the failure of the parties to agree causes actual suffering to animals. July 9, 1908
02- 308 In order to entitle a water users' association to file its articles for the fee named in Chapter 66, Laws 1905, it is necessary that the powers and authority exercised by the association be strictly confined to those included in said Chapter 66, Laws 1905. July 11, 1908
02- 310-16 The governor has no power or authority to appoint stock inspectors under the law, such authority being conferred exclusively upon the state board of stock commissioners. July 16, 1908
02- 310-18 Section 567, Penal Code, providing a penalty for the letting of a house for the purposes of prostitution and assignation is not broad enough to warrant the prosecution of a person selling real estate with the knowledge that the same is to be used for such purposes. July 18, 1908
02- 312 The expense of prosecuting a prisoner for an offense committed in the state prison must be audited by the state board of examiners and paid by the state, and the expense of a coroner's inquest which was held principally for the purpose of securing evidence to be used at the trial of the cause should be included in the costs to be paid by the state. July 23, 1908
02- 313 Under Section 4640, Political Code, the coroner is not entitled to a fee for issuing subpoena. He is entitled to thirty cents in all cases where he personally serves the subpoena. July 28, 1908
02- 314 Under Section 3870, as amended by Laws 1907, page 38, it is the duty of the county treasurer to collect taxes levied by towns in his county and entered on the tax rolls. July 28, 1908
02- 315 Shareholders in national or state banks are entitled to no reduction on the valuation of their shares of stock for government bonds owned by the bank. August 1, 1908
02- 318 Any person procuring or conniving at the escape of any inmate of the Reform School is guilty of a felony under Section 3095 of the Penal Code. (Sec. 9812, Revised Codes.) August 4, 1908
02- 319 Voting precincts must not be established at a greater distance than ten miles from the office of the registry agent or the county commissioners may designate more than one place in a voting precinct in which the registry agent may register voters so as to give each voter an opportunity to register without traveling more than ten miles. August 7, 1908
02- 320 Section 15 of Chapter 85, Laws 1907, in so far as to give to members of the legislature of that year copies of the Revised Codes of Montana to be held by such members as their personal property, is in violation of the constitution and void. August 11, 1908
02- 323 Where money has been erroneously paid by a wrong school district the only officers who have authority to transfer such money to the rightful districts are the trustees of the district erroneously receiving same. If the transfer of such money is refused the district entitled to the money may institute a civil suit to collect the same. It is the duty of the county commissioners to apportion railroad mileage to the various school districts of the county. August 12, 1908
02- 325 Chapter 53, Laws 1905, is a valid enactment of the legislative assembly, and under such law the state board of land commissioners are required to convey lands to the United States government at a price of $10 per acre for use in carrying on the reclamation work. August 13, 1908
02- 327 On a proper showing of facts land may be taken under the eminent domain law to be held and used by a county for the purpose of carrying on a county fair. August 17, 1908
02- 328 The income funds of the various educational institutions of the state accumulating up to February 28, 1909, may be used to reimburse the general fund for moneys appropriated out of the general fund to pay the current expenses of said educational institutions in order that the same may be used by the board of examiners to redeem outstanding bonds of such institutions. April 17, 1908
02- 331 Electors who registered in 1906 in counties adopting the primary election law do not have to register again for eight years unless they reside in districts included in a corporate town or city containing at least 1,000 registered voters of the last preceding election. School districts cannot use the library fund for current expenses except in districts where a free public library is maintained and there is a population of two thousand or more. August 18, 1908
02- 333 The state board of prison commissioners have authority to take charge of the prison and appoint a warden. When this has been done, the salary of the warden and all claims incurred in the management of the state prison, under his direction, when allowed by the board of examiners, are proper charges against the appropriation for the maintenance of the state prison, and should be paid by the auditor. When the board authorizes the aggregate of such claims to be paid directly to the warden, to be by him disbursed to the several claimants, the auditor has authority to make the warrant for the whole amount to him, as warden. August 20, 1908
02- 335-22 Indian children living on a reservation are wards of the government and are not citizens of this state and their parents to not pay taxes, therefore they should pay their tuition and board if admitted to the school the same as non-resident children. August 22, 1908
02- 335-25 No license is required under the game law to hunt exclusively for bears, mountain lions and coyotes. Where a non-resident has procured a hunting license, the female members of the family, and the male members under twenty-one years of age, need not procure a license. August 25, 1908
02- 337 The county treasurer and his bondsmen are liable for violations of official duties by a deputy treasurer. Actions against the treasurer and his bondsmen for such violations must be commenced within two years from the commission of the act. August 31, 1908
02- 339 An appropriation cannot be made for a longer period than two years, and at the expiration of the second fiscal year, the unexpended portion of any appropriation reverts to the general treasury. September 3, 1908
02- 340 Where the board of county commissioners at its September meeting make an order designating the county as being of the first, second and third class, an auditor should be elected at the next succeeding election. September 4, 1908
02- 341-4 The clerk of the district court is not entitled to make any charge for posting notices of hearing on petition for letters of administration. September 4, 1908
02- 341-22 Section 545, Revised Codes, provides form of ballot and stub attached thereto. Separate ballots containing constitutional amendments or other questions must contain perforated stub as provided in said section. September 22, 1908
02- 343-22 The money derived from rental of dredging privileges should be deposited in the general fund. September 22, 1908
02- 343-25 Assignment of certificate of purchase of land held by one Lane examined and held to convey only a one-half interest in such certificate. September 25, 1908
02- 344 A person appointed to the office of county commissioner by the district judge holds for the unexpired term of his predecessor. September 26, 1908
02- 345 The law does not contain any requirements as to the size of the ballots for voting on constitutional questions or other propositions submitted, except as contained in Section 545, Revised Codes. Such ballots may be printed as soon as certificate from secretary of state, provided for in Section 531, Revised Codes, is received by the county clerk. September 29, 1908
02- 346 The expense of the veterinary surgeon in attending a meeting held by the department of agriculture to investigate remedies for preventing the spread of contagious diseases among animals is a proper expense to be paid out of the expense account of the livestock sanitary board. September 30, 1908
02- 347 The conversion of a state bank into a national bank under federal law does not have the effect of dissolving the state bank under said law. Said bank still remains a state corporation subject to the rights and liabilities of such a corporation. October 6, 1908
02- 348 Appropriation for work at State Fish Hatchery for year 1907, may be used for work done in 1908. October 12, 1908
02- 349 1. The legislature may delegate authority to state board of health to require pupils in public schools to be vaccinated. 2. To justify order of vaccination smallpox must exist or be threatened and board must determine as question of fact whether such condition exists. October13, 1908
02- 350 Under Section 542, Revised Codes, it is the duty of the county clerk to provide for the printing of the ballots, and it is in his discretion to arrange the order of the political parties on such ballot. October 20, 1908
02- 351 Constitutional amendments or questions of submitting bond issues must be on separate ballots and must have perforated stubs and otherwise comply with Section 545, Revised Statutes. October 19, 1908
02- 352 Conviction of an offense under the United States law which subjects the offender to a punishment as for a felony under the state disqualifies such person from voting until he has been pardoned. October 30, 1908
02- 354 The income fund of the agricultural college having been used in the past to pay running expenses of the college, in accordance with the act of Congress of 1862 cound not legally be used for the purpose of paying of invalid bonds of such college. Ten thousand dollars of said fund having been so used the state board of examiners have authority to transfer said amount from the general fund to the credit of the income fund. November 4, 1908
02- 355 There is now in the State of Montana no lieutenant governor or president pro tem of the senate, hence there is no one who can legally discharge the duties of the office of governor in the absence from the state or disability of the governor. November 12, 1908
02- 356 Fraternal societies not having a capital stock, and not being organized for the purpose of profit, must pay a fee of $20.00 to the secretary of state for filing articles of incorporation; section 166 Rev. Codes having been repealed by implication in so far as it relates to fees of fraternal societies. November 13, 1908
02- 358 It is the duty of the county clerk to prepare and distribute the ballots to be used at every election within the county as to properly place thereon the names of the candidates for the various offices. Where the county clerk fails to do this and thereby entails additional expense in the printing and distributing of pasters the county should not bear the added cost. November 14, 1908
02- 359 It is the duty of every registry agent to publish a notice in some newspaper designating his home precinct, and also designating what places in which he will sit for registration in each election precinct not less than one day during the period of registration. Every registry agent is charged with the duty of being present in such designated places at the times mentioned in the publication of notice and a failure to perform such duty is punishable under section 8124 Revised Codes. November 28, 1908
02- 361 Under the provisions of the constitution on appropriation can be made for a period longer than two years, but the appropriation made for the sheep indemnity and inspection fund does not lapse because a greater amount than that which was appropriated is shown to have been expended. November 28, 1908
02- 362 The Railroad Commission has no jurisdiction over the strictly operating department of railways. An order affecting the operating department of a railroad company is beyond the jurisdiction of the board of railway commissioners there being no express jurisdiction conferred upon said board by the Act creating the establishing said board. May 8, 1908
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