Attorney General’s Opinions

Volume 04

Page Held Date
04- 2 The County Commissioners of Lincoln County are entitled to receive six dollars per day for actual sessions, not exceeding $250.00 per year, and fifteen cents per mile for the distance necessarily traveled in going to and returning from the county seat and place of residence; also five dollars a day for inspection of bridges and highways. July 20, 1910
04- 3 The Clerk of the District Court is not entitled to any fee for making, acknowledging or procuring the signature of the Judge to such deed in cases where a referee is appointed to take proofs of claimants under the provisions of Section 3541, Revised Codes of Montana, nor is the Clerk required to make, acknowledge or procure the signature of the judge to such deed, but this service must be performed by the referee appointed by the judge. December 2, 1910
04- 4 A person cannot hold the office of county treasurer for more than two consecutive terms. He cannot, therefore, be appointed to serve for a longer period. Women not being electors are not eligible to serve in the capacity of deputy assessor. Under the statutes of Montana, deputies are clothed with the same power as their principals. They must therefore have the same qualifications. December 10, 1910
04- 7 A county is not liable for damages resulting from defective highway or bridge. A county is not generally liable in tort unless made so by statute. A moving picture show does not come within the provision of the statute making it unlawful to open or carry on a theatre on Sunday. December 13, 1910
04- 9 A lodge incorporated under Chapter 34, of Fifth Division of the Laws of 1887, and conducting its affairs entirely within the limits of one county, was required to file its articles of incorporation with the county clerk only--but any such corporation desiring to avail itself of provisions of Section 3815 of the Revised Codes--should file its certificate extending corporate existence with secretary of state as well as county clerk and it is the duty of the secretary of state to receive and file such certificate. December 14, 1910
04- 10 An Act authorizing an indebtedness in excess of the constitutional limit for one purpose cannot, after approval by majority vote at a general election, be subsequently used by legislative authority for the raising of funds for a different purpose. Such a law would have to be again submitted to and approved by a majority of the electors at a general election. Chapter 145, Laws of 1909, is unconstitutional. December 14, 1910
04- 11 Under the statutes of Montana, insurance companies must designate agents to accept service of process, which designation continues in force so long as any liability exists against the company. December 15, 1910
04- 12 Policies of reinsurance may be written by companies authorized to do business in this state, but policies of reinsurance may not be written by companies not authorized to do business in this state. Companies doing business in Montana must maintain a resident agent in Montana who approves risks and who pays the taxes of the Company on a basis of premiums collected in excess of losses and ordinary expenses in this state. December 15, 1910
04- 14 In recording deeds to which there is attached a plat, it is the duty of the county clerk to cause such plat to be recorded with said deed. The county clerk and recorder should cause the plat attached to the instrument filed for record to be recorded in the deed record books, and for that purpose may reduce the scale of such plat to such proportions as will permit of its recording in such record books. The county clerk and recorder has no authority to detach plats from deeds and file same in his office separately from instrument itself. December 16, 1910
04- 15 In counties of fifth class the board of county commissioners are not authorized to adjourn a regular meeting to the end of the month for purpose of paying bills. The payment of bills is not such "business of the county" as will require a special meeting of the commissioners in a fifth class county.  
04- 16 The limitation of $2,000 per annum fixed by Section 1967, Revised Codes, for the expenses of the Game Warden's Office, and the limitation of $300.00 per annum, fixed by Section 1968, Revised Codes for traveling expenses of deputy game warden are not to be considered as appropriation bills, but merely as a limitation upon the amount of money to be expended in the office of the state game warden and by his deputies for traveling expenses. December 17, 1910
04- 17 Section 3826, Revised Codes of 1907, relating to term of existence of corporations, does not apply to foreign corporations. In the absence of a foreign corporation is that specified in its charter or articles of incorporation. December 29, 1910
04- 20 Where an election for clerk of court results in a tie vote, a vacancy exists in the office. The appointment by the board of county commissioners to fill such vacancy is effective only until the next general election. Where the election is then had it is to fill the unexpired term and a re-classification of the county changing the salary of the present incumbent cannot be effective until after the expiration of his term. December 31, 1910
04- 22 It is the duty of the proper officers of the State Reform School to receive an individual committed to that institution by a court of competent jurisdiction, when accompanied by a copy of the order of commitment under the seal of the court, together with a certificate of health of the individual committed and the age of the individual committed is determined so far as the officers of the reform school are concerned, by such order of commitment. January 3, 1911
04- 23 A state official or state board cannot be vested with legal authority to order county officers to levy taxes upon property in their county, for the reason that the legislature cannot grant the power of local taxation to persons over whom the population to be taxed could exercise no control. January 4, 1911
04- 24 Boards of county commissioners have no authority with reference to issuance of retail liquor license in cities, towns or villages having more than one hundred inhabitants. January 5, 1911
04- 25 The board of county commissioners has authority in its sound judgment and discretion to determine the number of deputies to be allowed the respective county officers within the maximum limits prescribed by law. January 6, 1911
04- 27 If during a recess of the senate a vacancy occurs in any office which the governor has authority to fill by nomination to be confirmed by the senate, it is the duty of the governor to appoint some fit person to discharge the duties of such office until the next meeting of the senate, when he shall nominate some person to fill such office. Such appointee is required to qualify by filing his oath of office and bond, and holds office until the next meeting of the senate when the governor nominates some person to fill the office. Upon the nomination being confirmed by the senate the individual appointed during the recess of the senate ceases to hold office and the individual nominated and confirmed is entitled to the office upon filing his oath of office and bond as required by law. January 7, 1911
04- 29 It is the duty of the state bank examiner to retain jurisdiction over state banks, even though such banks are in the hands of a receiver appointed by the court. An impaired or insolvent bank is subject to examination by the state examiner and for the payment of the examination fee provided by law, even though a receiver has been appointed for such bank. January 7, 1911
04- 30 There is no statutory requirement for the enrollment of legislative bills at length by hand. The legislature may make such rules requiring the enrollment of bills as it sees fit. January 9, 1911
04- 31 Although the person from whom property is stolen is not the true owner thereof, if he was in possession and entitled to the possession thereof at the time it was stolen, the person unlawfully taking the property with intent to steal it may be convicted of larceny. If the information alleges that the person from whom the property was stolen was the owner thereof at the time it was stolen, and the proof shown that he was in possession and entitled to the possession thereof at the time it was stolen, this would be sufficient proof of ownership to meet the requirement of the statute with reference to ownership. January 10, 1911
04- 32 In the absence of an express provision of the constitution or statutes prohibiting a person from holding two offices at the same time, they may do so, provided, that the duties to be performed by the incumbent are not inconsistent or incompatible but no county officer can be appointed or act as the deputy of another officer of the same county, except in cases where the pay of the officer of the same county, except in cases where the pay of the officer so appointed amounts to a sum less than $75.00 per month. January 15, 1911
04- 33 Chap. 92, Laws of 1909, simply limits the time of race meetings to 30 days and does not prohibit the holding of more than one such meeting in any of the counties of the state. Persons making, reporting, recording or registering bets or wagers upon the result of any contest of speed, etc., act at their peril and are liable under the provisions of Chap. 92, Laws of 1909, and are bound to know when the period of time specified in the law has expired. January 16, 1911
04- 34 A minor may hold stock of a corporation in this state including banking corporations. His liability is the same as that of other stock holders, the liability, however, might be avoided on the ground of minority. January 17, 1911
04- 35 Section 7, Article XV, of the Constitution of the State of Montana extends only to the carriage of freight or passengers being transported in the same direction. January 17, 1911
04- 36 The statute provides for the inspection of horses shipped from the state of Montana to points outside the state, such inspection to be conducted by the stock inspector or sheriff or deputy acting in his stead. This provision applies to shipment of horses from an Indian Reservation included within the county. January 17, 1911
04- 37 Senate Bill No. 24 providing for payment of expenses of District Judges incurred on account of holding court in counties other than the counties where they reside is not repugnant to the state constitution. January 18, 1911
04- 39 When vacancies occur in either house, the governor, or the person exercising the functions of the governor, shall at once issue a writ of election to fill the same. Whenever the governor orders a special election for such purpose, at least ten days before such special election, the governor must issue an election proclamation under his hand and the great seal of the state of Montana, and transmit a copy thereof to the board of county commissioners of the county in which such election is to be held. January 18, 1911
04- 40 Under the provisions of Section 35, Article V, of the constitution of the state of Montana, no county in the state can be authorized to issue bonds or warrants for charitable purposes. House Bill No. 98 is therefore unconstitutional. January 18, 1911
04- 42-20-1 A foreign corporation should file its annual statement with the county clerk in accordance with the provisions of Section 4413, Revised Codes of 1907, and not in accordance with Section 3850, Revised Codes. Section 3850, Revised Codes is applicable to domestic corporations only. January 20, 1911
04- 42-20-2 A sheriff is not entitled to charge a fee for copies where such copies are furnished by the party to the action or his attorney. January 20, 1911
04- 43 Under Section 4042 it is the duty of the attorney general to examine the articles of incorporation of fire insurance companies. The articles of the Montana Fire Insurance Company transmitted January 18th, 1911, are in due form. January 21, 1911
04- 44 If the office is created by or provided for in the constitution itself, the salary or emoluments of the officer cannot be increased or diminished during his term of offices; but if the office is created by the legislative assembly, the legislature has the right to abolish the office or the increase or diminish the salary of the officer, or increase or diminish the services required of him. The salary of a clerk in an office may be increased or diminished at the will of the legislature. The clerk is not employed for any definite term, and the superior officer appointing him has the right to remove him at pleasure. The section of the constitution providing that no law shall extend the term of any public officer, or increase or diminish his salary after his election or appointment, only embraces within its provisions officers who are elected or appointed for some specific or definite term and has no application to an officer who simply holds at the will of the appointing power. January 23, 1911
04- 46 The board of county commissioners has no authority to allow compensation for extra or additional work in the office of the clerk of the district court, but if the officer and his deputy are not able to transact the business of the office with dispatch, the county commissioners should allow an additional deputy at a fixed salary. January 24, 1911
04- 47 The $1500 bond given by Robert Jones to secure his performance of a contract with the Carey Board should be collected by giving notice to the surety company of the default and making demand for payment. In the event of non-payment suit should be commenced. The bond given to the Carey Board to secure the settlers having contracts with the contractor should be collected only when the amount of damage sustained by the settlers is ascertained. January 26, 1911
04- 48 An officer of the federal government may be subpoenaed as a witness and may be compelled to testify as to facts within his personal knowledge as an individual, but cannot be compelled to testify concerning information obtained by him in his official capacity, or as to communications and official documents passing between him and his superior officer or heads of department. January 27, 1911
04- 51 Chapter 147, Laws of 1909 are not applicable to contracts of purchase made prior to enactment of such law. In case of default of principal, bondsmen upon making payments do not acquire any interest that the state is bound to recognize under laws in force prior to 1909. If state exercises its right to cancel contract of purchase, with cancellation of contract the bond is cancelled and the bondsmen released from further liability. January 28, 1911
04- 53 The reading of the Bible in public schools is not prohibited by the constitution, provided no comment is made thereon, and provided, further, that the pupils are not required to attend during the exercises. January 31, 1911
04- 55 Section 4114 provides that companies organized under its provisions must have a capital stock of not less than $100,000 which must all be subscribed in good faith. If the capital stock is in excess of $100,000 the requirement of bona fide subscription still remains. February 2, 1911
04- 57-3-1 The title to timber cut from public domain must come from the United States Government. Timber bought from a trespasser on the public domain and placed in a public building must be paid for by the municipality owning the building. February 3, 1911
04- 57-3-2 The act creating accident insurance for coal miners makes no provision for the payment of the service of the county physician. He should therefore make a reasonable charge for such examinations as are provided for by the act, which charge should be paid by the individual. February 3, 1911
04- 58 Sec. 3118 Revised Codes as amended, controlling only as to compensation of deputies. Missoula county does not come within the provisions of Section 3119 of the Revised Codes as amended by the Laws of 1909, the intent of the statute being that when the number of deputy clerks of the court shall reach four there shall be more than one judge in the county. The maximum number of deputies allowed clerk of court in Missoula county is two, unless by reason of the volume of business the board of county commissioners see fit to allow extra deputies. Chapter 85, laws of 1909 deals exclusively with salary and compensation of deputies. Chapter 93 and 119, laws of 1909, deal exclusively with the number of deputies to be appointed. Sec. 3119 as amended does not contemplate that there shall be a chief deputy in county of the third class. February 3, 1911
04- 61 Ownership of such lands is an inherent right of sovereignty. Removal of sand or gravel from such lands may be permitted by the state. February 3, 1911
04- 62 By the provisions of Section 840 of the Revised Codes an appeal will lie by the residents of the proposed new district from the decision of the county superintendent to the board of county commissioners. Section 849, Revised Codes, applies exclusively to the creation of a new district, whereas Section 841 applies exclusively to changing boundaries of old districts. Upon the creation of a new district the county superintendent or the board of county commissioners are bound by the boundaries described in the petition as originally presented. February 6, 1911
04- 64 When Lincoln's Birthday, February 12th, or Columbus Day, October 12th, falls upon a Sunday, the following Monday is not a legal holiday in this state. February 7, 1911
04- 65 Senate Bill, No. 138, providing for the establishment of districts in which the running of live stock at large is prohibited is a constitutional measure. February 9, 1911
04- 66 Under House Bill No. 78, as amended, any person holding professional, first grade, second grade or third grade certificates under the law existing prior to passage of such bill may teach thereafter during the life of the certificate. Any person holding a professional or first grade certificate may have the same renewed by the county superintendent; and any person holding an unexpired first grade, second grade, or third grade certificate, who makes application for examination for a higher grade certificate is entitled to be credited with the percentages on his last examination; provided such percentage is at least eighty per cent. February 9, 1911
04- 67 The money raised for bounty purposes by the special tax levy authorized by the constitutional amendment of 1910 cannot be used for payment of old bounty claims which accrued prior to enactment of said constitutional amendment. February 9, 1911
04- 68 Election supplies including poll books, tally sheets, check lists, though bound in book form are printed blanks and should be paid for as such and are not considered as books. February 14, 1911
04- 69 Local or county boards of health have authority to make and enforce orders preventing the distribution of impure ice and may condemn an ice pond as a source of filth or cause of sickness. February 14, 1911
04- 70 A justice of the peace in a criminal action is not restricted by the statute limiting the clerk of the district court to the issuance of subpoenas for six witnesses, only. February 16, 1911
04- 71 The notice of election required to be published by the board of county commissioners prior to an election to authorize the board to issue bonds must contain the amount to be raised, the object of the loan and the time of election. If upon these matters the proclamation is sufficient the other matters therein contained may be treated as surplussage. Ballots must be in form provided by section 2938 of the Revised Codes, and if same contain the amount of issue, the rate of interest, time of payment, time of redemption and object for the issue, the same is sufficient. Before advertising for bids for sale of bonds, county commissioners must fix and determine the amount of each coupon bond. Interest on county bonds must be payable semi-annually on the first days of January and July of each year. County commissioners should date their issues so as to conform to these requirements. February 18, 1911
04- 75 All railroads which form a part of a railroad operating in more than one county of this state are assessed by the state board of equalization. February 21, 1911
04- 76 Senate Bill, No. 44, surety companies transacting business in this state are prohibited from exacting indemnity bonds or other security from public officers for whom they are surety. Officers who took office the first Monday in January, 1911, prior to the passage of Senate Bill No. 44, should present their claim to the proper officers for the premium paid by them running from the time of the approval of the act until the expiration of the bond. February 21, 1911
04- 78 An appropriation to pay for services after they have been rendered and performed at a salary prescribed by law is unconstitutional. February 23, 1911
04- 79 It is the duty of the clerk of the district court to prepare summons for publication and notice in probate proceedings when the same are not prepared and furnished by the party to the action, or his attorney. February 24, 1911
04- 80 Under the provisions of Sec. 4092 of the Revised Codes, county commissioners are authorized to appoint a county health officer, and under the provisions of Sec. 2056 it is made the duty of the board of county commissioners to contract with some resident physician for medical attention upon the sick, poor and infirm of the county. Such contract is mandatory upon the board, but it is not required to advertise for bids for such attendance. A contract as county physician may be made with the physician appointed as county health officer, as the two positions are not incompatible. February 24, 1911
04- 81 It is proper to pay the expenses incident to a contest before the committee on privileges and elections of the state senate from the appropriation for contingent expenses of the legislative assembly. Such expenses are authorized by law and are proper to be paid from the appropriation for contingent legislative expenses. February 24, 1911
04- 82 If funds available to a board of trustees of a county free high school are sufficient to erect buildings or addition thereto which said board deem necessary for such school, and so long as the expenditure remains within the limit prescribed by Sec. 926 of the Revised Codes, such board has authority to use such surplus funds in such building ; provided, however, that if the amount contemplated to be expended is in excess of ten thousand dollars the question must be submitted to a vote of the electors of the county. February 24, 1911
04- 84 The bank has authority under the direction of the State Examiner to levy assessments upon stock to make good the impairment of capital, but in the event that such assessments are not paid, the stock cannot be sold under the general corporation law. February 25, 1911
04- 85 When there is no purchaser in good faith for property sold for delinquent taxes and the county becomes the purchaser, no charge must be made for duplicate certificate, and, as the county was not, and could not, be charged with the fifty cents fee provided for by Sec. 2638, the redemptioner would not be required to pay this fee. February 25, 1911
04- 86 Until the county of Musselshell is actually organized by the appointment and the qualification of officers, the territory remains subject to the jurisdiction of the old county and a justice of the peace of the old county has jurisdiction to hold preliminary hearings until the new county is organized. Section II of the Act creating Musselshell county provides that the county commissioners are required to contract for transcribing the records of property lying within the limits of Musselshell county, and, under the wording of this section, the county commissioners cannot have the records photographed instead of transcribed. February 27, 1911
04- 88 Under the provisions of Section L, Chapter 147, Laws of 1909, it is the duty of the assessor to pro-rate the interest of the purchaser of state lands with the entire value of such tract as fixed by the assessor, and the consideration named in the certificate of purchase between the state and the purchaser is not binding upon an assessor as to valuation. February 27, 1911
04- 89 An indictment should be in the same form and carry the same recitations as an information, except that the endorsements thereon must be made by the foreman of the grand jury and the county attorney and no verification need be attached. February 28, 1911
04- 90 It is doubtful as to whether under section 4882 the Railroad Commission has authority to order a railroad company to install stock yards at any station. February 28, 1911
04- 91 The constitutional prohibition against the increase of salary of public officers generally applies to the term of office and not to the individual officer. However, in the case of state senator, the senate itself is the final arbiter of its membership and in the event that the state senate to convene in 1913 should seat W.H. Dunnigan under the election of November 1910, then his compensation should be $10 per day during the present session. If on the other hand the senate holds the election of Senator Dunnigan to be only for the unexpired term of Senator Patrick Daly, deceased, then his compensation should be only $6.00 per day. February 28, 1911
04- 93 School trustees are elected to hold office for a term of three years and until their successors are elected and qualified, or appointed by the county superintendent of schools and qualified. In districts of the first class no person shall be elected trustee unless nominated at a public meeting held in the least twenty qualified electors were present, a chairman and secretary elected, and certificate setting forth the place of meeting and names of candidates in full filed with the county clerk at least eight days before election. March 2, 1911
04- 96 House Bill No. 432 would have effect of repealing Section 3176 and Section 3177 of the Revised Codes, and Substituting therefor the provision contained in House Bill No. 432; that the total amount of fees must not exceed one thousand dollars in any one year, and would repeal the law upon which the fees of justices and constables generally are determined. March 6, 1911
04- 98-6 A deputy treasurer, and other officers, are prohibited from making purchase or receive assignments of bounty claims, and such an assignment is void. March 6, 1911
04- 98-7 Sec. 2100, Revised Codes of 1907, required assessors to collect certain statistics, and is repealed by implication by the act establishing the board of agriculture, labor and industry, and this board now performs service formerly required of assessor under Sec. 2100. March 7, 1911
04- 99 Senate Bill, No. 10 is unconstitutional as being a violation of Section I, Art. XII, of the Constitution of the State of Montana for the reason that the rate of assessment and taxation therein provided for is not uniform and that said bill does not provide for equal application of the laws, and for the further reason that said bill is retroactive. March 7, 1911
04- 100 Under the provisions of Section 2897, Revised Codes, the board of county commissioners is not required to advertise for bids but may let the contract to that newspaper within the county which in their judgment is best qualified to furnish the articles enumerated under said section. Upon organization of new county it is the duty of the county clerk to procure books for records with the consent of the board of county commissioners and said clerk may go into the open market and purchase such books. March 7, 1911
04- 101 Upon the creation of a new county the records of the old county will show the condition of the property on the date of the creation of the new county. Instruments dated prior to the creation of the new county but filed for record subsequent thereto would be filed for record in the new county. Instruments dated after the creation of the new county should not be filed in the old county. March 7, 1911
04- 102 The legislative assembly has power and authority to appropriate money to pay deficiency claims and in proper cases has authority to order the transfer of moneys in order to avoid deficiencies. The transfer amounts to a deficiency appropriation. March 7, 1911
04- 103 Where a public administrator proceeds in the administration of an estate by virtue of the provisions of Chapter 134, Laws of 1909, no fee need be paid to the clerk of the district court for the filing of the final act provided for in said act. March 7, 1911
04- 104 A railroad company may carry free or at reduced rates the property of destitute families, who on account of misfortune are unable to compete with others of their class. March 8, 1911
04- 105 Under Section 1995, Revised Codes, the failure to record marriages by those persons authorized to solemnize marriages is made a misdemeanor. March 8, 1911
04- 106 Where the boundary lines of counties are inadequately marked by natural objects or lines or definite legal surveys, they may be definitely established by joint survey of the respective county surveyors. March 8, 1911
04- 108 The provisions of House Bill No. 12 relative to the establishment of permanent county seats are not in any manner in conflict with the provisions of substitute for Senate Bill, No. 35, relative to the establishment of new counties. The provisions of substitute for Senate Bill, No. 35, do not and could not deprive the legislature of its authority under the constitution to create new counties by legislative enactment. March 9, 1911
04- 109 In order for Indians to sever tribal relations it is necessary that the government of the United States relinquish all control and supervision over the individual by removing the Indian agent and releasing control of trust funds. March 10, 1911
04- 110 Under the provisions of Senate Bill No. 33, any person, company or corporation regularly licensed at the time of the passage and approval of this bill to conduct a saloon may have his license renewed in the same manner as before the passage of the bill without making the application and posting notices provided for in the bill. March 11, 1911
04- 111 There is no direct provision of law requiring the school trustees to be elected for a shorter term than three years, but under the provisions of Sec. 858, R.C., giving the form of ballot for long and short term and also providing that in districts of the first class the ballot shall show the names of the candidates and "length of time for which they are to be elected." It was evidently the intention of the Legislature to provide that at the first election of school trustees they should be elected for different terms so that there will be a larger majority of the old members remaining on the board. March 14, 1911
04- 112 Under the provisions of Sec. 8634, R.C., a person who obtains or attempts to obtain from another, money or property by a false or worthless check, knowing the same to be false or worthless is guilty of a felony. March 14, 1911
04- 113 Unless the mortgage is satisfied of record, it is the duty of the assessor to assess the amount of debt secured thereby. Should the mortgage debt have been paid before the first Monday in March, mortgagee upon appearing before the board of equalization and satisfying the board that the mortgage has been paid, to be entitled to have the assessment cancelled. March 16, 1911
04- 114 Under the provisions of the bill changing the boundaries of Madison and Beaverhead Counties, school districts embraced within the territory annexed to Beaverhead county are entitled to all moneys to the credit of such school district at the time of the taking of effect of the bill, and the treasurer of Madison county should transfer to the treasurer of Beaverhead county all moneys which those school districts would be entitled to at the time the bill changing the boundaries of the county took effect. March 16, 1911
04- 116-18-1 School district formed as provided by law are by statute declared to be a body corporate. The mere fact that the district has been transformed from one county to another by change of the boundary of the counties would not effect the legal status of the district; and the board of trustees of the district so long as they reside within the district and within the county of which the district is a part are entitled to hold their office until the expiration of the term. March 18, 1911
04- 116-18-2 Under provisions of Section 2759 every person who engages in the business of retail liquor dealer to sell liquors in quantities of less than one quart in towns or camps where the population is less than one hundred must obtain a license from the county treasurer. If the person did not sell in less quantities than one quart in such towns he would be guilty of the violation of Section 2760, but he would never the less be required to obtain a license under the provisions of Section 2759 to sell liquors. March 18, 1911
04- 118 The state coal mine inspector has power to grant permits to persons to perform the duties of mine foreman, fire boss and mine examiner who may be employed by any one engaged in the operation of coal mines in the state of Montana, until such time as the person so employed has had an opportunity to be examined as to his competency by the board of examiners appointed for that purpose. March 20, 1911
04- 119 The Carey Land Act board may enter into a supplemental contract or change the provisions of an existing contract but where the contracting company is in the hands of a receiver the supplemental contract should run to the receiver and should embody the order of the court appointing the receiver and also the order authorizing the receiver to enter into the proposed contract. Where it is proposed to have a new company take over the property of the defaulting company the Carey Land Act Board cannot contract with such a new company until it is properly organized and in existence. March 21, 1911
04- 120 Under provisions of Section 2763 no license is required where cigarette papers are given away with tobacco when no extra charge is made therefor. March 21, 1911
04- 122 The trustee of a school district is precluded by Section 882 of Revised Codes from being interested, either directly or indirectly, in contracts with his district. March 21, 1911
04- 123 The state of Montana cannot tax land under contract of purchase from the United States Government until such time as the purchaser has obtained a patent therefor or has fully complied with his contract of purchase and has a complete equitable title thereto, and nothing remains to be done except to make the transfer from the government to him. March 22, 1911
04- 124 There is no statutory authority whereby a sheriff may be paid for services rendered wholly without the state boundaries except in cases of extradition, and in such cases the sheriff is acting as the agent of the governor of the state and should present his bill as a charge against the state. As a matter of administration the board of county commissioners should, in cases which appear reasonable and just, pay the amount of the sheriff's expenses actually incurred while across the state boundary line. March 25, 1911
04- 126 The authority of school boards or other officers to bind the district by contract relative to school matters is controlled by statute and is such as is only conferred either expressly or by necessary implication by such statute. The trustees or by necessary implication by such statute. The trustees can only act as such at a meeting properly called and held and have no authority to act individually. Under the provisions of Sec. 875 the board might have authority to let a contract for the sinking of a well upon land owned by the district to procure water for the use of the school provided it was necessary, but would have no authority to let such contract to sink a well upon land not owned by the district and under such circumstances the district could not be held liable for the contract. March 27, 1911
04- 127 Section 1924 of Chapter 121, Laws of 1911 does not apply to fruit, simply to nursery stock. Section 1938 applies to all shipments of nursery stock. March 27, 1911
04- 128 As a general principle of law public bridges are a part of the public highway and would not be considered in adjusting indebtedness of the county; but under the wording of the act creating Musselshell county the legislature intended to include the existing bonded indebtedness incurred for the purpose of erecting public bridges the same as any other indebtedness, and this indebtedness should be considered in the apportionment. March 28, 1911
04- 130 When by an order of the board of county commissioners one of its members is directed to inspect some bridge or highway, such member for that service is entitled to receive $5.00 per day. No additional allowance is made for expenses. March 30, 1911
04- 131 A deed given to secure an obligation for payment of money, is in reality a mortgage and should be assessed as such. It is a contract by which a debt is secured within meaning of Section 2578, Revised Codes. April 1, 1911
04- 132 A bank acting as a state depositary is not to be considered a state official and hence does not come within the provisions of Senate Bill No. 44 of the Twelfth Legislative Assembly, which provides that public officials may furnish surety bond, the premium on such bond being a proper charge against the general fund of the state. April 6, 1911
04- 133 The county treasurer is required to hold all school moneys and all other trust moneys for the purpose for which the fund was created. April 6, 1911
04- 134 The governor having disapproved House Bill 121 and filed the same with his objections with the secretary of state, such action was final and conclusive and said bill could not thereafter be withdrawn by the governor and approved and become a valid enactment of the twelfth legislative assembly. April 8, 1911
04- 137 Under the provisions of Sec. 55, Chap. 120, Session Laws of 1911, it is required that a cage be provided in coal mines where the escapement shaft exceeds 100 feet in vertical depth. Overruled by opinion on same subject May 19th, 1911. April 11, 1911
04- 138 If the owner of livestock killed by a railway company does not present his claim for the value of the animal killed within six months, the secretary of the board of stock commissioners may demand and receive from such railway company payment in damages for such stock, and the board is authorized to prosecute, in the name of the State, actions against the railway company to recover such damage. The money is required to be held by the state for two years, and if the owner does not present and prove his claim to the net proceeds within such time, the money is to be placed to the credit of the stock indemnity fund. April 11, 1911
04- 139 The secretary of state is charged with the custody of all books, records, deeds, etc., keep on deposit in his office pursuant to law; and it is the duty of the secretary of state to record any mortgage or deed of trust when presented for that purpose referred to in Sec. 4294 of the Revised Codes; and likewise his duty to record any satisfaction of such mortgage. When an instrument which is, by law, entitled to be recorded is presented for record, the person presenting it for record is entitled to have the original instrument returned to him after it has been properly recorded, but where the instrument is presented for filing and which is not by law entitled to be recorded, the instrument so filed is a permanent file of the office and cannot be returned to the person presenting it. April 11, 1911
04- 140 By the provisions of Chapter 67, Laws of 1911, Section 4073 Revised Codes of 1907 was repealed, said chapter having been approved and having become a law on March 2, 1911 and the first Monday of March 1911 being four days subsequent thereto the net premiums collected by insurance companies during the calendar year 1911 are not subject to taxation on first Monday of March 1911. April 11, 1911
04- 141 The bureau of child and animal protection cannot anticipate the violation of any of the penal statutes relative to cruelty to animals and until a violation of one of its provisions has been had no action can be taken by that department. April 14, 1911
04- 143 In the distribution of delinquent taxes collected by the county treasurer, the county treasurer should remit to the state the amount of the original state tax plus its proportionate share of accrued interest and the balance of the collection should be retained by the county. April 15, 1911
04- 144 The board of stock commissioners may appoint such stock inspectors as are necessary for the protection of the livestock interests of the state, and, when regularly appointed, stock inspectors are permitted to inspect cattle shipments. If a sheriff, as such, inspects cattle shipments without having been appointed stock inspector, he has no right to make the inspection, and, therefore, cannot present a bill for services performed in that respect. If the amount claimed from the sale of an estray has not been in the hands of the board of stock commissioners for the period of two years after publication required by law, and the board is satisfied of the ownership of the animal as determined by the board of stock commissioners, then the owner is entitled to the proceeds from the sale of such estray. The board of stock commissioners is by law empowered to employ counsel to assist in the prosecution of persons offending against the stock interests of the state, and when such board has authorized and approved the claim of such special counsel for his services, it is a proper charge against the stock fund. April 17, 1911
04- 145 Under the provisions of Sec. 2, Chap. 3, Session Laws of 1911, the property or assets required by this section must not be exempt from execution, and be actually owned within the state of Montana, and such assets must be approved by the state examiner. The assets may be either real or personal property, subject to approval of the state examiner. April 20, 1911
04- 147 The local registrar of any city or town of which he is health officer, or the local registrar appointed for the city or town, is the person who is required to see that the cause of death is determined, if possible, before burial permit is issued by him, and is the person who is required to report to the state registrar the births and deaths in his district and it is the duty of the secretary of the state bureau of vital statistics to look to the local registrar and not to the coroner, for obtaining information upon matters pertaining to such board. April 20, 1911
04- 149 There being no express provision in the laws of this state providing for or requiring any fee to be paid to the clerk of the district court, or to the county clerk, for issuing a marriage license, no fee for that purpose can be collected or charged. Under the laws of this state it is the duty of the clerk of the district court to issue a marriage license without any charge for issuing or recording the same. April 22, 1911
04- 150 Estates of deceased persons are subject to the inheritance tax upon the increase of the estate between the date of death and the date of the decree of distribution upon the clear market value, on the basis provided by Section 7724 of the Revised Codes. April 25, 1911
04- 151 The town of Hardin, being located upon land which has been deeded in fee by the United States Government, is not Indian country within the meaning of the federal statutes prohibiting the sale or introduction of liquor into Indian country, and the jurisdiction of the United States Government over the tract of land upon which said town of Hardin is located has ceased, and the same is now an integral part of Yellowstone county and subject to the laws of the state of Montana with reference to the issuance of liquor licenses therein. April 28, 1911
04- 154 Chap. 61, Laws of 1911, does not impose a license tax upon telegraph instruments used in interstate business. The burden of proof, however, in case of contest is upon the telegraph company to show that the instrument taxed was used in interstate business. June 23, 1911
04- 156 If the judgment is for fine only, the defendant is entitled to be discharged from custody as soon as the judgment is given, but if the judgment is for fine and imprisonment until paid, the defendant may be detained in custody until such fine is paid or until he shall have served one day for every two dollars of such fine; but where a judgment of imprisonment has been imposed and also a judgment of fine, there can be no additional imprisonment by reason of the fine. The location of school houses must be determined by a vote of the district and the school trustees have no authority to select a site without first submitting the question to the voters of the district. May 4, 1911
04- 158 The license contemplated by Sec. 2774, Revised Codes of Montana is a state license, and the entire proceeds thereof must be deposited with the state treasurer, irrespective of whether collected by the state treasurer or county treasurer. May 4, 1911
04- 159 Where an Indian allotment is made under a statute or treaty which provides that the United States shall hold title in trust for a certain period, the provisions of the Act of March 3, 1901 govern, and such right must be obtained under such requirements as may be prescribed by the secretary of the interior and such right of way could not be procured through a condemnation proceeding. May 4, 1911
04- 161 A board of school trustees has no authority to expend moneys obtained by a tax levied for building purposes without first being authorized so to do by a vote of the district. May 4, 1911
04- 162 School trustees hold office for the term of three years, and until their successors are elected and qualified or appointed by the county superintendent of schools and qualified. When a vacancy occurs in the office of trustee of a school district by a failure to elect at the proper time, the fact of such vacancy shall be certified to the county superintendent of schools by the clerk of the district, and the county superintendent shall immediately appoint, in writing, some competent person who shall qualify and serve until the next annual election. May 5, 1911
04- 163 By the provisions of Chap. 113, Laws of 1911, voters in all elections, including school district elections, must register; this includes women. The county clerk must furnish copies of official precinct register to the judges of election in each precinct. The great register must contain the names of women who register for school elections. May 6, 1911
04- 166 The owner of a tuberculosis animal supplying milk to the public has the right to either retain the animal in quarantine, under such restriction, rules and regulations as the state live stock board may direct, or he may, if he so desires, have the animal shipped within the boundaries of the state to an abbatoir where meat inspection is maintained; and in the event the latter course is impossible or impracticable, then the animal may be slaughtered by order of the board, unless the owner desires to keep the animal in quarantine under the rules and regulations of the board. May 10, 1911
04- 168 Where no lesion is found which affects the value of meat for human consumption, or if the tuberculosis is not extensive or generalized and its presence does not affect the value of the meat for human consumption, the same may be sold for food without violating any provisions of the laws of this state, and a rule or regulation to that effect issued by the state sanitary board is a proper rule. May 10, 1911
04- 170 When the court committing children to the Orphans' Home on account of abuse of parental authority orders the parent to pay such sum of money as, under their circumstances, shall be just for the maintenance of the child, they may be required to do so or be punished for contempt; but where a child is otherwise committed to the home as an orphan, foundling or destitute child, the home cannot compel the parents to pay for its support, but, in the event they fail to contribute such amounts as they may be able to, the child may, after the expiration of one year be given in adoption by the home. Where the parents of children maintained in the orphans' home have wilfully abandoned the child, or caused it to be maintained in the orphans' home for one year without contributing to its support, or if the child is a half orphan and is kept and maintained in the home for one year or over and the parent has not paid towards the expense of maintaining the child at least sixty per cent of the cost of keeping it, if able to do so, the child may be given in adoption without the consent of the parents. May 11, 1911
04- 172 Stock companies organized under the laws of this state shall have not less than $100,000.00 capital subscribed, 50 per cent of which shall be paid up and invested in the character of securities provided by the statute, which securities shall be deposited with the state auditor and upon such deposit and evidence satisfactory to the auditor that at least $100,000.00 of capital is subscribed in good faith, and the company is the owner of the securities representing the paid up capital, the auditor shall issue to such company a certificate permitting it to do business. The remainder of the capital stock shall be paid within such time as the directors of the company may order, or as the state auditor may direct, and not later than two years from the date of issuance of auditor's certificate, and until paid shall be secured by the notes of the stockholders. Foreign insurance companies before transacting business in this state shall be possessed of not less than $100,000.00 of capital actually subscribed and paid for in good faith and invested as provided by statute, which securities shall be deposited with the superintendent of insurance of the state by whose laws the company is incorporated, or of some other state and a certificate furnished the auditor of this state by such officer, that he holds in trust and on deposit for the benefit of all policy holders, such securities, which certificate shall embrace the items of security so held and show that such officer is satisfied the securities are worth $100,000.00. May 12, 1911
04- 175 Under the provisions of Chap. 146, Laws of 1911, the veterinarian making tests for tuberculosis in dairy herds may use the number of tests which in his judgment are necessary, but, when tuberculosis is actually discovered, before any animal may be condemned, the veterinarian must take the number of tests provided in Sec. 6 of said act. May 12, 1911
04- 176 Under the provisions of Sec. 79, Chap. 145, Laws of 1911, any commissioned officer of the national guard of Montana who has served one year as such and has supplied himself with the necessary uniform and equipment is entitled to receive the sum of forty dollars (mounted officers fifty dollars), and thereafter, annually, such officer, after performing the duties therein prescribed, is entitled to receive the amount actually expended in each year, not to exceed twenty-five dollars, (mounted officers ten dollars additional) in any one year. May 12, 1911
04- 177 There is no legal reason to prevent a newspaper publishing the advertisement of a school board for bids, even though one member of the board of trustees of such school may be the owner of capital stock in such newspaper. Boards of school trustees may publish call for bids in as many newspapers as they see fit and proper. May 15, 1911
04- 178 When a health officer is called in by a physician in charge of any given case to ascertain the communicable nature of such disease, such officer acts in his official capacity and could not charge the individual for his services. May 16, 1911
04- 179 At a special election, the registration list as used at the preceding general election must be used, and no persons are entitled to vote whose names do not appear on such registration list. Upon the changing of the boundary lines of any county, persons residing within the added territory are not entitled to vote at any special election held in such county prior to the next general registration, there being no provisions of law whereby their names may be entered upon the registration list. May 15, 1911
04- 180 Under the terms of Section 55, Chapter 120, Laws of1911, it is required that all coal mines shall be equipped with either a stairway or a cage in the escapement shaft. Where the escapement shaft exceeds 100 ft. in vertical depth, a cage for hoisting the men may be installed in place and stead of a stairway. Overruling opinion of April 11th, 1911. May 19, 1911
04- 181 The balance of the unused portion of an appropriation for a specific purpose for the first of two appropriation years may be transferred and added to the appropriation for the second year. May 19, 1911
04- 182 Under Section 1682, Revised Codes, it is the duty of the coal mine inspector to examine coal mines in the state, etc., for the health and safety of persons therein employed and to see that the laws are complied with and he is entitled to expenses incurred in such investigation and in investigating the cause of accidents in coal mines, such expenses for stenography hire and otherwise to be reasonable. May 20, 1911
04- 184 Under the provisions of Sec. 19, Chap. 37, Session Laws of 1907, the board of railroad commissioners has power to compel railroads to provided, maintain and operate sufficient train service for the proper and reasonable accomodation of the public, and under the provisions of this section it is within the power of the board to require a railroad company to maintain a station or stopping place at such points along its line as will reasonably accomodate the public,--the reasonableness thereof to be determined from the facts in each particular case. May 23, 1911
04- 185 Under the provisions of Sec. 2, Chap. 113, Session Laws of 1911, the board of county commissioners in establishing election precincts in incorporated cities or towns must do so in conformity with the boundaries of ward lines, but if the city or town does not contain more than 300 electors the board may include additional contiguous outlying territory within the boundaries of such precinct in addition to the boundaries of the ward. May 23, 1911
04- 186 By the provisions of Sec. 1935, Chap. 121, Laws of 1911, a license cannot be required of a nursery in a foreign state who supplies his stock upon mail orders and directly to the consignee. However, such stock may be inspected by the inspectors and if objectionable because of disease or pests may be quarantined or destroyed in the same manner as that supplied by a local nursery. May 24, 1911
04- 188 Oils used for illuminating purposes in coal mines other than those specified in Sub-division A, Sec. 94, Chap. 118, Laws of 1911, must be free from smoke and bad odor and of equal merit as an illuminant to a purely animal or vegetable oil. May 29, 1911
04- 189 The board of trustees of a school district has no authority to expend any funds of said district for the purpose of paying the salary or expenses of a scoutmaster of the boy scouts in the district. The trustees of a school district may, under certain circumstances use the school funds of the district for the purpose of creating and maintaining a playground for the children of the district. May 31, 1911
04- 191 Reports of railroad companies filed with the railroad commission, which reports are used as basis for official action, or required to be made by law or of such nature as to be placed on file as a part of the official records of the commission, are public reports and are subject to examination by the public. June 1, 1911
04- 192 The board of county commissioners acting as a canvassing board of a special election cannot refuse to canvass votes of precincts on the ground of alleged illegal votes. The board acts ministerially and has no right to pass upon the legality of an election. June 1, 1911
04- 193 Where an administrator has been appointed in an estate and by reason of his death or removal another administrator has been appointed, the clerk of court is not entitled to charge an additional fee of five dollars for filing the second petition. Where letters of administration have been issued and the fee paid, and a will is discovered and filed, together with petition for probate of the will, the clerk should charge a fee for filing the petition for probate of the will. June 2, 1911
04- 195 When horses are purchased by the United States Government and are taken from the government reservation, the state loses jurisdiction, the property having become the property of the United States, and for that reason, the provisions of Sec. 1804 to 1811, Revised Codes of 1907, would not apply. June 2, 1911
04- 196-2 Under the provisions of Chap. 121, Laws of 1911, the inspectors of horticulture must account for and turn into the state treasury all fees and fines collected in pursuance to their duties. June 2, 1911
04- 196-13 Trustees of county free high school have no authority under present statute to construct and maintain a dormitory. June 13, 1911
04- 198 Sheriff is not entitled to mileage for travel in attempting to serve a subpoena, unless service is actually had, but may recover his actual expenses. June 3, 1911
04- 199 In the issuance of the necessary papers, documents and commissions relative to the return to this state of a fugitive from justice, no fee shall be charged. June 3, 1911
04- 200 Under Sec. 3, Chap. 61, Laws of 1911, each complete telegraph instrument is subject to a license tax. Where a set of instruments is composed of two or more instruments, each instrument is subject to the tax, but if by the use of a set only one message may be received and transmitted at a time, the entire set constitutes but one instrument. Telegraph instruments in country places are usually the property of railway companies, special inquiry, however, is necessary to determine ownership of any particular instrument. June 13, 1911
04- 201 Railroad company not compelled to fence right-of-way. Has option to fence or to become liable for stock killed. Owner of crop required to construct his own fence to prevent stock from getting on his ground. June 5, 1911
04- 202 Question as to taxibility of lands patented to members of Indian tribe considered and discussed. See opinion. June 8, 1911
04- 203 It is not necessary that an elector be registered under the provisions of Chapter 113, Session Laws of 1911 in order to qualify him to vote at the special county election to be held on July 10th, 1911. June 13, 1911
04- 204 The county of residence of a person applying for relief is the county required by law to furnish assistance. It is the duty of the authorities at the state reform school upon the discharge of an inmate thereof, to return such inmate to the county from which he was originally committed. June 8, 1911
04- 206 The provisions of Chap. 58, Laws of 1911, apply only within the limits of incorporated cities or towns. June 8, 1911
04- 207 Where bonds have been voted and funds raised from the sale thereof for a specific purpose, the trustees of such district are not authorized to use said funds, for any other purpose. June 9, 1911
04- 208 If from the petition for a road, as originally filed, and the report of the viewers appointed to view and lay out the road, it can be determined what the course, termini, length, etc., of the road would be and such road follows its entire length on a section line, it is not necessary that the board of county commissioners have said road surveyed. June 13, 1911
04- 209 Sec. 2, Chapt. 61, Laws of 1911, has not any application to towns or municipalities, except cities. Sec. 3202 and 3206, Revised Codes, defines "city," also a "town" and the rule is there given and distinguished between the two. June 23, 1911
04- 211 Law relating to mandamus proceedings and appeal and of the duty of the county treasurer to issue liquor license considered and discussed. See opinion. June 24, 1911
04- 212 Under the provisions of Sec. 16, Chap. 108, Session Laws of 1909, railway transportation companies and common carriers are prohibited from transporting into the state any stallion or jack unless accompanies by a state or federal veterinarian certificate. Violation of this section is punishable as provided in Sec. 12, of the act instead of Sec. 13 therein referred to. Where the language of the statute is ambiguous and its meaning can be ascertained by resorting to the history of its passage through the legislature, its history can be looked to to determine its meaning. June 24, 1911
04- 214 Persons who have signed a petition for the calling of a special election to vote for the creation of a new county may withdraw their names from such petition if their action in so doing is timely and taken before final action by the county commissioners. In determining whether or not the petition has the required number of signers it must contain a majority of the names on the registration list, as used at the last general election, and the commissioners have no authority to remove from such petition or registration list the names of electors who may have died or left the state or county. The commissioners may set the dates for the election under said petition at any time within the limits prescribed by the act, and two elections may be held upon the same date. June 24, 1911
04- 217 Under provisions of Sec. 2, Chap. 105, Session Laws of 1911 the inspector is required and has authority only to inspect every steamboat propelled by machinery or sailing boat or ferry boat carrying passengers or freight for hire, but boats not carrying freight or passengers for hire do not come within the provisions of this section. Under the provisions of Section 9 of the Act, the master owner, pilot or other person in charge of a steam-boat or other boat propelled by machinery, or sailing craft when navigating any of the waters of this state, shall between sunset and sunrise cause said boats to carry the lights prescribed by the section. There is not limitation contained in this section, and it applies to all boats, whether propelled by machinery or sail, and whether carrying passengers or freight for hire or not. June 28, 1911
04- 218 The board of county commissioners in considering a petition for the establishment of a new county has no power to cancel from the registration list the name of any elector who has either died or permanently removed from the county. The only person authorized by law to cancel names from the registration list the Registry Agent. June 29, 1911
04- 219 A health officer has no authority to order the creation of an improvement district for the construction of a sewer. A number of cases relating to discharge of sewage in running streams cited. July 7, 1911
04- 220 The owner of cattle may test or have same tested by others than officials of live stock sanitary board, but if any owner or other person hinders, resists, or obstructs any official or employee of the live stock sanitary board in the discharge of his duties he is guilty of a misdemeanor. It is the duty of every owner or person in charge of cattle to immediately notify the state veterinary surgeon of the existence of communicable disease in cattle. Persons testing dairy herds for the purpose of obstructing or preventing the state veterinarian from obtaining proper tests of animals would be guilty of a violation of Sec. 1898, Revised Codes. July 5, 1911
04- 222 1. Sec. 2 Chap. 92, Laws of 1911, has application to the entire Chapter and is not limited in its provisions to section one of the act. 2. It is not necessary that salary warrants be signed by the chairman of the board of county commissioners. July 12, 1911
04- 223-14 Sureties on an indemnity bond given to a surety company prior to February 3rd, 1911, are not relieved from liability by the provisions of Chapter 6, Laws of 1911, approved February 3rd, 1911. July 14, 1911
04- 223-15 The only provision of law relative to the sale of stray horses or the manner of dealing with the same, are Sections 1817 et seq. and Section 1996 et seq., of the Revised Codes. Where stock has been stolen the ownership is with the party from whom it was stolen and he alone has authority to dispose of it. July 15, 1911
04- 225 Sheep ranging in two or more school district in the same county should be assessed for taxation in the district where the home ranch is located. There is no law of this State authorizing the County Treasurer to issue a wholesale liquor license for the conduct of a saloon. July 20, 1911
04- 226 Petition filed with board of county commissioners for retention of territory in old county must show upon its face that signers are residents of the territory proposed to be retained within the old county The filing of a sufficient petition is a jurisdiction matter and the board has no right to make order based on void petition. July 22, 1911
04- 227 Under the provisions of Chap. 111, Session Laws of 1911, which took effect July 1st, 1911, every private bank, copartnership or association conducting a banking business within the State of Montana is subject to examination by the state examiner. July 24, 1911
04- 228 Under the provisions of Section 2, Chapter 111, Session Laws of 1911, every individual, co-partnership or association conducting a private bank in this state must actually own and possess within the state of Montana, approved property or assets not exempt from execution, of the minimum value as specified in the section, which financial condition must appear and be actually on the books of the bank, and which amount must at all times be over and above the liabilities of the bank other than those to the individual members, co-partnership or association. July 24, 1911
04- 229 A railroad company may make a classification of keepers of section houses along its line and transport to such section houses freight free of charge, or at reduced rates. If no classification is made the railroad company would have no right to transport goods free of charge or at reduced rates in such cases. July 25, 1911
04- 231 Under the provisions of Section 875, Revised Codes, the trustees of a school district when authorized by a vote of the district so to do, may purchase a lot and build a school house thereon, and under this section they may also purchase a lot and building already constructed thereon for school purposes, when authorized by the district so to do. July 26, 1911
04- 233 There is not any law making it the specific duty of the secretary of the state board of health to deliver lectures before teachers institutes, etc., relative to sanitary measures, conditions, etc. State board of health has power to require the secretary to disseminate knowledge by means of lectures, but unless the board has made such order there is not such duty resting upon the secretary. August 1, 1911
04- 234 In case of vacancy in the office of Secretary of State the deputy secretary of state has authority to perform the duties of the office of secretary of state. August 7, 1911
04- 235 A store selling candies in original packages, would not be classed as a confectionery store within the meaning of Chapter 130, Laws of 1911. A private boarding or rooming house is not a hotel or restaurant within the meaning of Chapter 130, Laws of 1911. A bakery is a place of manufacture, and Chapter 130, Laws of 1911, does not apply to a place simply handling the manufactured products. August 7, 1911
04- 236 Where orders for merchandise are taken by a regularly established firm in a foreign state, and such orders are filled in such foreign state and delivered directly to the purchaser, such transaction would not constitute the person soliciting such orders an itinerant vendor within the meaning of Chapter 110, Laws of 1911. Where orders are taken by a representative to be filled and the goods are then given to the representative and by him delivered from house to house to the purchasers and collections made by such representative for the goods so delivered, such representative would come within the provisions of Chapter 110, Laws of 1911, and would be classed as an itinerant vendor. August 9, 1911
04- 238 The provisions of Chapter 92, Laws of 1911, limit the number of licenses to be issued within the corporate limits of a city or town. The issuance of licenses outside the corporate limits of a city or town is entirely within the discretion of the board of county commissioners. August 12, 1911
04- 239 Chap. 105, Session Laws of 1911, applies to all boats and vessels plying the navigable waters of this state carrying passengers and freight for hire, or towing for hire. The state, in so far as the navigable waters are within its territorial limits, without regard to whether they do or do not connect with waters outside these limits, has exclusive jurisdiction subject to the paramount right of congress to regulate commerce and to legislate concerning the use thereof. August 14, 1911
04- 241 There is no provision in the statutes prohibiting a dairy man from adding cattle to his herd which have not been tested prior to January 1st, 1913, but the state veterinarian has power to test such cows. August 14, 1911
04- 242 Brewers or manufacturers of malt liquors are required to pay the license provided for by Section 2770, Revised Codes, which license must be procured immediately before the commencement of business. A separate license must be obtained for each branch establishment or separate house of business in the same county. August 17, 1911
04- 243 No person is permitted to sell liquor without first having obtained a license therefor. The so called wholesale license relates only to the sale of malt liquors in quantities of more than four gallons and has no relation to the sale of other liquors or to the sale of any liquors in quantities of less than four gallons. August 17, 1911
04- 244 Whatever question may arise relative to the constitutionality of Chapter 111, Session Laws of 1911, said Chapter must by this office be held constitutional until the same has been passed upon by a court of competentcy jurisdiction. August 19, 1911
04- 245 Trustees of school districts shall send special tax levy to county board prior to time of county levy but slight delay will not invalidate tax if commissioners subsequently make the levy. August 24, 1911
04- 248 The provisions of Section 5335, Revised Codes, providing that a common carrier must always give a preference in time and may give a preference in price to the United States or to this state do not apply to municipal corporations, and a railroad cannot therefore absorb switching charges on freight consigned to a municipal corporation, or extend such corporation any greater rights or privileges in the transportation of freight than it extends the general public. August 25, 1911
04- 250 Neither person to whom a saloon license is issued, nor his assignee, can transact business under such license at any place than the place for which it was issued. The license only authorizes the party obtaining the same to transact business in that particular town, city or locality for which the license was issued. August 25, 1911
04- 252 Under the provisions of Section 3032 Revised Codes, the county clerk is required to record documents in a well bound book and in a fair hand, and under the particular wording of this statute the photographic method of recording instruments cannot be used in this state. August 23, 1911
04- 254 An elector who resides within a radius of ten miles from the county court house must appear personally before the county clerk to be registered. August 26, 1911
04- 255 Patrons of card games who have no other connection therewith except as players are not accessories with those who operate, conduct, or run the game then being played. Patrons who take part in carrying on, opening, or causing to be opened the prohibited game may be prosecuted for a violation of the anti-gambling law. August 26, 1911
04- 256 The statute of limitations has no application to a tax deed void on its face. The board of county commissioners has the authority to compromise a disputed claim for taxes. A tax deed void on its face will not prohibit the county board from compromising a disputed claim for taxes for the non-payment of which the deed was issued to the county. September 6, 1911
04- 261 Where a plea of guilty is entered in an action in which a justice of the peace has final jurisdiction, his total fees are $2.50. Where a justice of the peace acts is a committing magistrate and the accused waives examination, the justice is entitled to fees of $2.50. Fees of justice of the peace are enumerated in Section 3176, Revised Codes. September 6, 1911
04- 262 Under the provisions of Chap. 112, Laws of 1911, at the election provided for in said act, those electors whose names appear on the official registration list at last general election or who may register under existing registration laws, are entitled to vote. Said act contemplates two registration lists. September 6, 1911
04- 264 A deputy county clerk has the authority to act for and on behalf and in the name of his principal in the discharge of the duties required of county clerks as deputy sealers of weights and measures. The duty enjoined on county clerks as deputy sealers of weights and measures is a duty which attaches to the office of county clerk rather than to the individual who holds such office. September 9, 1911
04- 265 A retail liquor dealer strictly speaking is one who sells liquor in less quantities than one quart. The only wholesale liquor license provided for in our law is that of a dealer in malt liquors and who sells in quantities of more than four gallons. Any person selling liquor must first obtain the liquor license therefor and the license for selling in quantities of one quart is the same as the licenses for selling in quantities of less than one quart. September 11, 1911
04- 267 Prior to the taking effect of Chap. 92, Session Laws of 1911, an application for a liquor license for a town containing a population of less than 100 should have been made under the provisions of Section 2760 of the Revised Codes. A license issued by the county treasurer to conduct a saloon in a town containing less than 100 is void unless authorized by the board of county commissioners. Subsequent to the taking effect of Chap. 92; Session Laws of 1911, applications for liquor license outside incorporated cities or towns must be made to the board of county commissioners, and the board is invested with a sound discretion as to whether or not they will grant such license. September 12, 1911
04- 270 The state has no control or power of government over Indians as long as they maintain their tribal relations; they are wards of the government, and as long as they are under the supervision and direction of the United States, the laws of the state do not extend to them, and while this relation exists the state boiler inspector has no power to inspect traction engines belonging to Indians, or to require them to obtain a license for operating a boiler. September 14, 1911
04- 271 The title of Chapter 6, Laws of 1911, is sufficiently definite to sustain the provisions of the act and in that respect, the act is valid. September 18, 1911
04- 272 There is a conflict between the provisions of Section 7 and Section 18, Chapter 113, Laws of 1911, relating to the time when registration books must be closed prior to an election. The provisions of Sec. 18 should be followed where they are in conflict with the provisions of Section 7. The registration laws apply to the regular or annual school district elections in all school districts without regard to the class of the district. September 18, 1911
04- 273 Under a given statement of facts the right of the state board of health to prohibit the use of a stream within the city as a sewer is considered. See Opinion. September 21, 1911
04- 274 The board of county commissioners should publish the proclamation issued by the governor announcing a referendum election immediately upon receipt of such proclamation four times for four consecutive weeks in one daily or weekly newspaper in the county. September 30, 1911
04- 275 Persons operating automobiles or stage lines who hold themselves out to the public as ready to engage in the transportation of passengers or goods for hire as a public employment and not as an occasional occupation are common carriers and should be licensed as such. October 3, 1911
04- 276 A convict escaping from a road camp may be charged with having escaped from the state prison but the information should be filed in the county where the prisoner made his escape. October 6, 1911
04- 278 A hunter's license may be issued to an Indian. October 7, 1911
04- 279 Authority of county deputy sealer of weights and measures is not extinguished by appointment of city deputy. Counties are required to keep standards of weights and measures. The fee required by Sec. 26, Chap. 34, Laws of 1911, may be charged for each inspection. Where the chart on which is indicated the price of the article sold is attached to a scale so as to operate automatically by the weight on the scale and such chart indicates the wrong price, the inspector may withhold approval from the scale. Action may be maintained against firms or corporations or their resident agents who violate the weights and measures law. October 10, 1911
04- 281 Under Chapter 63, Laws of 1911, an appropriation of $2500 is available to the game warden for additional deputies for the year ending March 2, 1912. The word "year" used in said act means one year of 365 days from date the act becomes effective. October 13, 1911
04- 282-14 Where a county treasurer deposits money with the bank he is required to take a bond in double the amount of the deposit. October 14, 1911
04- 282-16 Where a bank through error or mistake over pays the amount required of it for state examiner's fee in any one year, it cannot subtract such over payment from the fee of the succeeding year but such subsequent fee must be paid in full and claims may then be presented for the prior over payment. October 16, 1911
04- 283 The general recorder of marks and brands is not required at his own expense to illustrate and distribute pamphlet containing marks and brands. October 18, 1911
04- 284 A private bank is prohibited from being the holder or purchaser of any portion of its own stock or of the capital stock of any incorporated company, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith. October 24, 1911
04- 285 Under the provisions of Chapter 117, Session Laws of 1909, the county is responsible for all expenses incurred by it in preventing the spread of communicable diseases, except as to residents of cities or towns who are not paupers, which expense shall be paid from the general fund of the county upon itemized and certified account duly presented. October 24, 1911
04- 286 Whether a person is residing within a certain school district is a question of fact and intention. Children are presumed to reside with their parents and should be enumerated where they reside. This must also be determined from the facts. Rules for determining residence reviewed. October 24, 1911
04- 287 Common schools in this state are maintained at the public expense and are free and open to the admission of all children residing in the district between the ages of six and twenty-one years, and there is no authority of law for either the teacher or the school board to prevent children from attending unless they start at the beginning of the term Children may commence their attendance at anytime. October 24, 1911
04- 288 The board of county commissioners has no jurisdiction over the issuance of liquor licenses in incorporated cities and towns. Any person desiring to renew his liquor license to engage in business in any place not within the corporate limits of any city or town must file his petition with the board of county commissioners and if objections are filed thereto, a hearing may be had and the board may determine whether or not the license shall issue, from which decision an appeal may be taken to the district court. October 26, 1911
04- 290 A school board has no authority to institute and maintain from the school fund a free public night common school. October 30, 1911
04- 291 Chapter 113, Laws of 1911, does not apply to special elections nor does it apply to special city sewer elections. October 31, 1911
04- 292 If the discharge of sewage into a river so pollutes the waters thereof as to be dangerous to public health, the city, town or individual responsible therefor may be required to purify the sewage or discontinue discharging the same into the river. October 30, 1911
04- 293 Whether or not a telephone company is conducting its business within the corporate limits of a city in such manner as to render it liable for the payment of a license tax is a question of fact which must be determined from the circumstances. Mere matter of accommodation or courtesy extended by one line to another is not of itself sufficient to render the company liable for the tax but must be a substantial part of the business for which the corporation was organized. October 31, 1911
04- 295 The county commissioners have authority to purchase property for county fair purposes to an amount not exceeding $10,000 but before an expenditure in excess of this amount can be made by the board they must be given authority to do so by the electors of the county. November 2, 1911
04- 297 School children residing in one district may attend school in any district in the county, providing, there is sufficient room in such district to accommodate them; and the transfer of school moneys due to such pupils by the trustees of the district of their residence is discretionary with such trustees. November 3, 1911
04- 298 Where a railroad company have simply an easement for a right-of-way and abandons such right-of-way over a school section, the land embraced within such right-of-way reverts to the state as the owner of the servient estate. November 3, 1911
04- 300 The state of Montana has clear title to its property and the claim of Paul Albertson as successor in interest of Samuel Wallin is without foundation. November 10, 1911
04- 301 Before women have the right to vote at elections named in Chapter 113, Laws of 1911, they must be registered in the same manner as men are required to register. November 11, 1911
04- 302 A board of school trustees has no authority to expend the money of the district for the construction of a dwelling house for the use of the janitor. November 11, 1911
04- 303 The term "doing business" has been construed to mean any transaction with persons or any transaction concerning property situated in the state through the agency acting for it within the state; but Sec. 4413 et seq. Rev. Codes provides certain requirements of foreign corporations before they may legally transact business in this state. If a foreign corporation has not complied with these requirements it is not legally doing business in the state of Montana and the state examiner has no authority to make examination of the same. November 11, 1911
04- 304 Time earned by a prisoner while in the state prison whether under regulations of the prison or under statutes of the state should be credited to a prisoner when paroled by the board. November 14, 1911
04- 305 The appointment of a deputy to a county auditor in a county of the third class lies within the discretion of the county commissioners. The county commissioners have control of the number of deputies to the various county officers within the limits prescribed by statute. November 14, 1911
04- 306 By the provisions of Chapter 6, Laws of 19111, a surety company is not prohibited, (1) from requiring a public officer who appoints deputies to require such deputies to furnish a bond to the public officer, (2) to insist that city and county treasurers and the state treasurer shall require depository bonds of banks in which public funds are deposited. But a surety company is prohibited by said Act from requiring an indemnity bond from the public official himself. November 15, 1911
04- 308 Where a county officer is called upon to perform service having no connection either in character or by law with services required of him in his official capacity, the county commissioners of such county may lawfully allow such county officer a reasonable compensation for such services. November 15, 1911
04- 309 Children with physical deformities should not be admitted to the home but should be returned to the county from whence they were admitted. November 15, 1911
04- 310 Where a traveling salesman takes orders for groceries and provisions for a foreign firm and such orders are filled by the foreign form who sends the goods to the purchaser, such salesman and firm are protected by the interstate commerce laws and the state law relating to itinerant vendors does not apply. November 20, 1911
04- 311 Sections 3923 et seq, Revised Codes relate to domestic corporations. A foreign trust company operating in this state is to be governed by the provisions of Sec. 4413 et seq., of the Revised Codes. November 21, 1911
04- 312 Registration is required of electors who vote at the first election of an incorporated city or town. November 21, 1911
04- 313 As a general rule appropriations in this state are made available from March 1st of each year to the end of February following, but in the appropriation herein referred to the same was made for the calendar year of 1911 and the calendar year of 1912, therefore, the entire appropriation will lapse on January 1, 1913. November 23, 1911
04- 314 There is no provision contained in Chapter 146, Laws of 1911, for the payment by the state of dairy cattle slaughtered by the state veterinarian. The special prosecutor appointed by provisions of Chapter 17, Laws of 1911, is entitled to recover his actual and necessary expenses incurred in the performance of his duty within the limit of the appropriation made by the legislative assembly for that purpose. The special accountant is not entitled to extra compensation beyond the amount of his appropriation unless his services were performed necessarily for the special prosecutor and the payment is made out of the appropriation to such special prosecutor. November 24, 1911
04- 316-25-1 Telephone companies doing business in municipalities of less than one thousand population are not subject to the payment of a license under Section 1, Chapter 61, Laws of 1911. November 25, 1911
04- 316-25-2 Sealer of weights and measures may examine and inspect packages to determine quantity or count, or measure, thereof when such measure, weight or count constitutes the unit of computing the price but not where a package is sold as a whole. It is the duty of the inspector and deputy sealer to make occasional investigations to determine whether or not the law is being evaded. November 25, 1911
04- 317 Chap. 39, Laws of 1909, relating to certified pubic accountants is not operative until the state board of education have acted thereon in the appointment of a "Board of Examiners." Said board of education has the authority by rules to prescribe what recognition shall be accorded to diplomas held by persons from foreign schools. Illinois law examined and construed. November 27, 1911
04- 320 A person finding lost property has no right to advertise it for sale or dispose of it to defray the cost of caring for it, but he may by proceeding under provisions of Sec. 1996 to 2002, inclusive, Revised Codes, recover a reasonable charge for costs or acquire title to the property. December 4, 1911
04- 322 Where the school board has directed the county commissioners to make a general levy for school purposes and there is sufficient funds to conduct the school the board of trustees may use so much of the general fund received from the tax levy as may be necessary for installing a heating plant and it is not necessary in such a case to first submit the matter to a vote of the district. December 7, 1911
04- 324 When the county treasurer deposits money belonging to the county with any bank he must require from such bank a good and sufficient bond in double the amount deposited signed by three or more sureties which must be approved by the county commissioners. A surety company bond must be in the same amount. The county treasurer is not permitted to take any other security than the bond provided by law. December 7, 1911
04- 325 The capital stock of a national bank should be assessed at its true value to the respective stockholders. In ascertaining the value of such stock the assessor may take into consideration all of the property of the bank less the real estate which is assessed to the bank as such. December 8, 1911
04- 327 Under the provisions of Chapter 113, Laws of 1911 the registry agent is not authorized to demand as a condition precedent to registering an applicant that he shall exhibit to him documentary evidence of his right as an elector. Sec. 22, Chap. 113, Laws of 1911, contemplates the exhibition of naturalization papers to registry agents providing they are in the possession of the applicant at the time he applies for registration. December 8, 1911
04- 329   December 16, 1911
04- 330 The salary of the state examiner for all services rendered by him in any capacity shall be $3000 per year and in addition thereto the state shall pay the necessary office and traveling expenses of himself and assistants. All other fees received by him should be paid into the state examiner's fund. December 14, 1911
04- 331 Upon a change of the boundaries of a district the special taxes levied by the district before the change of boundaries belong to the district making such levy but the general school funds are apportioned in accordance with the per capita in the respective districts. December 15, 1911
04- 332 Upon the formation of a new county the commissioners of any of the counties from which the new county is formed who reside within the limit s of the new county cease to be commissioners of the old county unless they remove within the latter. There should be nominated for the office of county commissioner for the new county, one commissioner for the term of six years, one commissioner for the term of four years, and one commissioner for the term of two years, from and after the first Monday after the first day of January 1911, and for the purpose of determining the terms of office, the years said officers are to hold office are to be computed respectively from and including the first Monday of the January following the last preceding general election. December 18, 1911
04- 334 A homesteader prior to the time of completing his required residence upon his claim is not a freeholder within the meaning of Chapter 92, Laws of 1911. A township within the meaning of Chap. 92, Laws of 1911, is a political sub-division and not a surveyor's subdivision of a county. Under the provisions of Chap. 92, Laws of 1911, a petition for the issuance of a retail liquor dealer's license must be signed by freeholders within the particular political subdivision of the county in which the applicant proposes to engage in business. December 19, 1911
04- 336 Where the owner of personal property owns no real estate there is no lien upon the personal property for taxes but the same should be collected by the county treasurer in accordance with the provisions of Sec. 2683 et seq., Revised Codes. December 23, 1911
04- 337 There is no authority of law for the shipment of stray cattle to a market other than one at which the state board of stock commissioners maintain an inspector. Upon inspection of cattle for shipment to a point outside of the state where no state inspector is maintained, the local inspector has authority to pass upon shipment if in his opinion the person about to ship the stock is the owner of or entitled to ship such cattle. December 23, 1911
04- 339 The general school elections being the only elections at which women are entitled to vote it would serve no useful purpose for the register to enter their name upon precinct or municipal register. As between Sec., 7 and 18, Chap. 113, Laws of 1911, in so far as they conflict, the provisions of Sec. 18 control. Provisions of Chap. 113, Laws of 1911, do not apply to party caucus election. Provisions of Chap. 113, Laws of 1911, do not apply to school district bonding elections. The county clerk has authority to correct mere clerical errors made by him in entering names upon precinct register. December 28, 1911
04- 341 A sheriff or his deputy in extradition matters acts as the agent of the governor and is not authorized to incur any expenses without the permission first being given by the governor. December 28, 1911
04- 342 The provisions of Sec. 33, Chap. 113, Laws of 1911, are doubtful as to their validity and that at a special election held in a county it is advisable that opportunity be given to all qualified electors to register and vote at such election. January 2, 1912
04- 343-3 Under the provisions of Chap. 113, Laws of 1911, women to be eligible to vote must have been registered. No registration is required except for the annual school district election. January 3, 1912
04- 343-6 Under provisions of Sec. 15, Chap. 113, Laws of 1911, the witness signing affidavit must be the owner of an estate of inheritance or for life. A homesteader who has complied with the acts required by the Acts of Congress to entitled him to patent is a free holder within the meaning of this section. January 6, 1912
04- 344 The provisions of the Revised Codes limiting the amount of expenses to be incurred by the state game and fish warden, or his deputies, is not an appropriation but is merely a limitation as to the amount that may be expended within any one year. The expenditures incurred by a deputy game warden at the direction of the state game warden outside of the district of such deputy is limited only by the amount of the fish and game fund. There is not limitation of law as to the time within which a claim against the state must be presented. January 6, 1912
04- 346 Pure drug law considered and construed. January 6, 1912
04- 348-9-1 County authorities have the power to renumber school districts in case of the formation of new counties so that the numbers thereof shall not conflict or be duplicated. January 9, 1912
04- 348-9-2 A county is liable in the sum of ten dollars per month for the support of inmates committed from such county to reformatory institutions. January 9, 1912
04- 349 In an action upon a promissory note providing for a reasonable attorney's fee, in case of default of the defendant, the clerk of the district court is not authorized to enter judgment, under subdivision 1, Sec. 6719 of the Revised Codes, but must proceed under sub-division 2 of said section. January 10, 1912
04- 352 The provisions of Chap. 141, Laws of 1911, apply only to sleeping cars used in purely local or intrastate business. January 11, 1912
04- 353 There is no duty devolving upon the county clerk to list as such the tax payers of a municipality upon his registration book. January 11, 1912
04- 354 The board of county commissioners in fixing the salary of the county health officer is not limited by the provisions of Sec. 1485. The appointment of county health officer and the selection of physician to furnish medical attendance etc., are separate and distinct and the appointment and contract should be kept separate. The county board is under no obligation to let the contract for furnishing medical attendance, etc., to the county health officer. January 16, 1912
04- 355 The provisions of Sections 1871, 1872 and 1877, Revised Codes, require that persons shipping sheep into this state shall give notice to the state veterinary surgeon who shall proceed to inspect and dip the same and any one "who violates or disregards any of the provisions of this act" may be punished. January 16, 1912
04- 356 The secretary of state has the authority to use the loose leaf book in keeping the records required to be kept by provisions of Section 154, Revised Codes. January 16, 1912
04- 357 When a convict in the state prison escapes and is recaptured and sentenced for such escape, under the provisions of Sec. 8222 Revised Codes, the second term of imprisonment will commence at the time the convict's first term would have expired had he not escaped. The good time allowed such convict under the provisions of Sec. 9737 must be allowed. January 17, 1912
04- 358 Bounty inspectors are appointed by stock commissioners selected by the District Judge and must take oath of office but are not required to give bond and the board of stock commissioners should furnish books, wires and seals. January 18, 1912
04- 359 Under decision of supreme court a board of county commissioners may reject all bids for the care of the county poor and readvertise. The contract for the care of the poor should be let for a period of one year only. Under the laws if the board sees fit, it may reject all bids and appoint a county superintendent to care for the poor and take charge of the poor farm. January 19, 1912
04- 360 It is unlawful for any person to conduct a slaughter house or meat market in this state without having a license issued by the state board of health; but the words meat market and slaughter house within the meaning of the statute does not include a farmer or person who occasionally slaughters meat on his own premises and disposes of the same for food purposes, but such persons are subject to the general supervision and should conform to the rules and regulations of the sanitary board for the purposes of sanitation. January 19, 1912
04- 362 A person finding a lost or strayed animal or saving it from starvation should proceed under the provisions of Secs. 1996 to 2002, Revised Codes. The herd law makes it a penal offense for any person to drive or cause to be driven his live stock upon the land of another, but the live stock must be in charge of a herder and the land must be so marked as to give notice that it is not public domain. Under the fence law a person's premises must be fenced as required by statute to enable him to maintain an action for damages for trespass by live stock of another, unless, (1) the trespassing animal is prohibited by statute from running at large, or (2) the trespassing animal has been placed or caused to be placed thereon by the owner of the animal with knowledge that the land is not public domain,--in any of which events the animal may be retained as security for the damage done. January 20, 1912
04- 365 The state veterinarian and his deputies may charge for services rendered by him which they are not required to perform by statute but the performance of such services must not interfere with the efficiency of the officer in performing the duties required of him by law. January 23, 1912
04- 366 Where butter fat containing any milk is sold by pound, the provisions of Sec. 19, Chap. 34, Laws 1911, that milk, etc., shall be sold by standard wine measures, do not apply. January 23, 1912
04- 367 The board of county commissioners have no authority to appoint additional health officers under name of inspectors, as inspection of articles of food under the pure food law is the duty of the state board of health, and the county and local health officer. The county board cannot create additional offices. January 23, 1912
04- 369 A steam boiler cannot be placed in use by purchaser without first being inspected by the boiler inspector; and no person has a right to sell within this state a boiler which has been in use and is out of service without first having the same inspected. January 25, 1912
04- 370 Mine operators and miners are given an option and authority to determine what oils substituted for the 16-84 composition named in the statute are in compliance with the law, and if this option is exercised and conclusions reached the seller does not violate the law by selling the composition so agreed upon. January 29, 1912
04- 372 If butter is sold by the pound, such pound must contain 16 oz., without regard to the label that may be printed thereon. Butter may be sold by the package without regard to the weight which such package may contain. January 30, 1912
04- 373 Where land is leased and lessee on his own initiative and without action on the part of the state board procures water for use thereon, such water right does not attach to the land, but is the property of lessee. February 2, 1912
04- 374 Neither the state auditor nor the state treasurer has any primary duty to perform in the division of money received for delinquent taxes. If division thereof is not properly made the state examiner should act. February 2, 1912
04- 375 Upon the consolidation of two or more school districts the districts thus consolidated lose their identity as such and a new district is created. Upon consolidation of two or more districts the term of office of the trustees of the old district cease and the county superintendent should appoint trustees as in case of the establishment of a new district. February 5, 1912
04- 376 Sec. 899, Revised Codes, as amended by Laws of 1911, requires the clerk of the school district to take census between Sept. 1st, and Oct., 15th each year. This does not limit the clerk to the taking of the census as of date of Aug. 31st each year. Upon the changing of territory from one district to another the children residing within the territory transferred should appear upon the census of the district to which they are transferred. February 5, 1912
04- 377 Where a women is the owner of a brand and afterwards married, the recorder of marks and brands has no authority to require her to transfer the brand from her maiden name to her married name as a condition precedent to the re-recording of the brand under Chapter 27, Laws of 1911. February 5, 1912
04- 378 By the provisions of Chap. 103, Laws of 1909, the duty of approving of the official bonds of notaries public devolves upon the secretary of state, and said chapter repeals Sec. 324 of the Revised Codes of 1907. February 8, 1912
04- 379 A notary resident of a county other than the residence of the elector may take the affidavit of such elector provided the affidavit is taken within the county of the residence of the elector. A notary public should keep a separate record of each county for which he registers electors. February 8, 1912
04- 380 The proviso at the end of Sec. 4062, Revised Codes, as amended by Chapter 25, Laws of 1909, applies to foreign and domestic insurance companies engaged in plate glass, health, accident, live stock, steam boiler or credit insurance; and if such company is possessed of an actual paid up cash capital of not less than $100,000.00 may be authorized to do business in this state. February 10, 1912
04- 382 Where delinquent taxes have been collected by the county treasurer neither the city nor the state are entitled to any share or part of the 10% penalty or the 50c collected as publication fee. February 14, 1912
04- 383   February 14, 1912
04- 392 In municipal elections and in school district elections in districts of the second and third class the judges of elections should make return to the respective board of trustees or municipal councils and not to the county clerk as such boards are charged with the duty of canvassing returns. February 1912
04- 393 A citizen of the United States convicted of a crime may be restored to citizenship under provisions of Sec. 9572, of Revised Codes. An alien convict cannot be restored to citizenship nor claim the benefit of said Sec. 9572. February 20, 1912
04- 394 The sheriff has authority to inspect horses intended to be shipped out of the state and this duty may be performed by a regular deputy sheriff but not by a constable. February 20, 1912
04- 395 Boundaries of school districts cannot be changed between the first day of March and the first day of September following. Boundaries of school districts which are indefinite or uncertain may be made definite at anytime. February 28, 1912
04- 396 The board of county commissioners has authority to grant the use of the public highway under such terms and conditions as they may deem for the best interest of the county for the use of a railroad. The railroad company having the right to take the public highway by condemnation the board has this authority to grant such right without condemnation proceedings. Justice courts have no jurisdiction to try juvenile delinquents for any public offense but sit only as committing magistrates. Chapter 122, Session Laws of 1911 provides an exclusive remedy for the trial of juvenile delinquents. February 28,1912
04- 398 By the provisions of Section 791 to 804 inclusive the state text book commission is created, membership upon this commission is a public office and women are ineligible to membership of said commission. February 29, 1912
04- 399 A railway company may make classification permitting sheriffs and their deputies to ride on freight trains in this state upon procuring proper transportation, without extending this privilege to other classes of passengers. March 1, 1912
04- 400 Where the deceased was under the care and treatment of a physician at the time of his death it is the duty of such physician to sign the death certificate, even though a coroner's inquest may be held. Where the person died without medical attendance the undertaker must notify the registrar and the registrar notifies the health officer or the coroner, and whichever one of these officers is so notified, shall immediately make the necessary investigation and sign the certificate. The registrar has the liberty to notify either the health officer or the coroner. March 5, 1912
04- 401 The warrants of a school district should be signed by the chairman of the board and countersigned by the clerk of the district. March 7, 1912
04- 402 Under the provisions of Sec. 1787, Revised Codes, should the state board of stock commissioners deem it necessary for the protection of the rights and interest of stock owners, they may assist by the employment of special counsel in the prosecution of crimes growing out of a violation of the stock law. March 7, 1912
04- 403 The state board of stock commissioners is without authority to require a stock commission firm resident of a foreign state to comply with its directions as to the disposition of funds received from sale of cattle. March 8, 1912
04- 404 All criminal actions pending in an old county at the time of the division thereof may be tried in such old county unless motion for the transfer thereof is seasonably made. March 13, 1912
04- 405 The issuance of bonds for the purpose of redeeming outstanding warrants is simply a change in the form of an existing liability and not the creation of a new indebtedness, and is therefore, not within the inhibition of subdivision 5, Art. XIII of the Constitution, which provides that no county shall incur any indebtedness or liability for any single purpose in an amount exceeding $10,000.00 without the approval of a majortiy of the electors of the county. March 13, 1912
04- 406 The county assessor is authorized to subpoena and examine any person owning real estate or personal property, or who has such property under his control in order to determine the value and amount of the property for the purpose of taxation. The assessor also has power to require such person to produce his books or other means of determining the property in his possession or under his control subject to assessment. The process for such purposes is issued and served by the assessor. March 13, 1912
04- 408 Chapter 113, Laws of 1911, being the general registration law does not apply to special city elections nor to elections submitting to the electors question of adopting commission form of government. March 15, 1912
04- 409-15-1 Under the provisions of Sec. 2, Chapter 113, Laws of 1911, the board of trustees have authority to establish at any time before the closing of the Great Register, two or more polling places within their district. March 15, 1912
04- 409-15-2 Sec. 3, Chap. 113, Laws of 1911, does not prohibit the creation of school district between the first of January and the first of March in any year in which a general election may be held. March 15, 1912
04- 410 The salary of each health officer whether he be employed by the day or month is payable by the city, town, or county for which he is such health officer. All necessary expenses incurred by a local board of health or by any county board of health are to be paid by the respective city, town, or county for which the person incurring the expense is an official. Expenses incurred for the purchase and necessary transportation of sample food, purchased at the direction of the State Board of Health are to be paid by the State of Montana. March 15, 1912
04- 412 Under the provisions of Sec. 12, Chapter 112, Laws of 1911, any party to an action mentioned in the section may have the action transferred from the old county to the district court to which the new county is attached for judicial purposes and the clerk of the old county is to charge and collect 20c per folio for copies of minutes made by him and 50c for certificate fee, and the clerk of the new county shall not be entitled to any fee for the filing of such transfer of records, but for the filing of any papers that may be filed thereafter in connection with such action or proceeding he shall be entitled to charge the same fees as are prescribed by law. March 20, 1912
04- 414 The fees for inspecting nursery stock shipped into the state cannot be collected in the manner provided in Sec. 1943, Chap. 121, Laws of 1911. The fees provided for inspecting nursery stock of Montana nurseries are provided for in Sec. 1940, Chap. 121, Laws of 1911. March 21, 1912
04- 415 Sec. 11, Chap. 112, Session Laws of 1911, is incomplete as to duty of commissioners relative to transcribing records for new county and it is their duty to have records transcribed by contract in accordance with provisions of Sec. 2861 to Sec. 2866, Revised Codes. Upon the division of a county delinquent taxes should be collected by the officers of the old county. March 22, 1912
04- 417 A health officer is only entitled to recover his actual traveling expenses incurred by him when his official duties require him to travel a greater distance than two miles from the county seat, which items of expense must be separately stated and verified and must be reasonable. March 22, 1912
04- 418 Upon the creation of a new county under the provision of Chapter 112, Laws of 1911, the commission in ascertaining the value of property belonging to the old county must include as property cash in the county treasury belonging to the county. March 23, 1912
04- 419 Every tax due upon personal property is a lien upon the real property of the owner thereof from and after 12 o'clock M., on the first Monday in March of each year. A delinquent personal tax does not constitute a lien upon after acquired real property but the lien attaches only as against the real property owned by the person against whom the personal tax is assessed on the first Monday in March of each year. March 23, 1912
04- 420 By the provisions of Chapter 27, Laws of 1911, it is the duty of the secretary of the state board of stock commissioners to mail by registered mail a notice to the owner of any recorded brand of the expiration of the time within which such brand may be re-recorded and it is not sufficient for such notice to be given by regular two cent letter. March 28, 1912
04- 421-29-1 When a person has executed the required affidavit for registration before a notary public prior to the time of closing of the registration book for any given election, the county clerk may enter such name upon the Great Register even though not received by him until after the Great Register has been closed. March 29, 1912
04- 421-29-2 The fact that the owner of stock ranging in different counties fails to furnish the assessor with the statement provided for by Chap. 145, Session Laws of 1909, will not defeat the county in which the stock was permitted to range and graze from collecting from the home county its just proportion of the taxes paid by the owner of the stock. March 29, 1912
04- 422 Where the board of trustees of the county free high school selects, as the site for said school, land owned by the county and the county gives its consent thereto, the board of county commissioners may by appropriate resolution authorize the use of said land as the site for the erection of the county free high school building. April 4, 1912
04- 424 Railway companies cannot transfer property at free or reduced rates to a municipal corporation without extending the same privilege to all municipal corporations. Property may be transported to public fairs for exhibition purposes at free or reduced rates so long as the tariff is open to the general public. Railway companies may authorize a tariff and file the same with the board of railroad commissioners for the purpose of transporting at free or reduced rates property for charitable purposes. April 5, 1912
04- 426 No authority is vested in the board of county commissioners on its own motion to submit to the electors of Teton county the question of locating a permanent county seat, for the reason that Chapter 145, Laws of 1911, does not apply in cases where the permanent county seat has been established three years prior to the enactment of said law. Where the board of county commissioners desire to issue coupon bonds in the sum of $100,000.00 it is necessary to submit the proposition to the electors of the county at an election held for that purpose. The constitutionality of Sec. 4, Chapter 135, not considered. April 6, 1912
04- 428 The center of a given section within a pubic survey is a point equidistant from the four corners of the section as established by the United State Survey and the quarter section line is a straight line from a point equidistant from the section corners on a given side of a section to a similar point on the opposite side of such section. April 6, 1912
04- 429 The Quo Warranto proceedings as contained in the statute will not lie except there is a legally existing office. Such proceedings only apply where there are two or more claimants to the same office or position. Where a new county is created out of an old county an officer of the old county may maintain Quo Warranto proceedings against a corresponding officer of the new county, and thus test the constitutionality of the Act creating the new county. Common Law Quo Warranto still exists in this state. Chapter 112, Session Laws of 1911, held to be constitutional. April 9, 1912
04- 432 Shares of stock in a Montana corporation owned by a non-resident at the time of his death are not subject to the Montana Inheritance Tax. April 10, 1912
04- 433 A common carrier of passengers who operates only within the boundaries of a city or town is not liable for the payment of the license fee provided in Section 2774, Revised Codes. April 10, 1912
04- 434-11 The provisions of Sec. 3101, Revised Codes, is in direct conflict with the provisions of Sec. 6, Art. XVI, State Constitution. The term of office of a county auditor is for a period of two years. April 11, 1912
04- 434-13 Where a county board reuses to re-imburse a county health officer for moneys necessarily expended by him in the conduct of his business, his remedy is to appeal from the action of the board, in rejecting the account, to the district court. April 13, 1912
04- 435 The word "butcher" as used in Sec. 1795, Revised Codes, includes only such persons who slaughter cattle purchased or obtained from others for the purpose of slaughter, and which are then disposed of to the general public for food, and does not include a rancher or person who slaughters his own cattle whether they are sold to the general public for food or not. April 13, 1912
04- 436 Any person 21 years of age, a citizen of the United States and who has resided in the State of Montana for one year and in the school district for 30 days next preceding the day of election and who has received a majority of the votes cast at such election, is entitled to hold the office of school trustee, notwithstanding the fact that she has not registered. Statutory provisions requiring registration does not add to the qualifications required of an elector but are only reasonable regulations for the purpose of ascertaining who are qualified electors and to prevent persons who are not such electors from voting. April 13, 1912
04- 437 Life insurance companies may deduct from the gross amount of the premium collected the amount of "dividends" or "excess payments" credited to policy holders in reduction of premiums under the provisions of Sec. 4017, Revised Codes. April 26, 1912
04- 440 Fines collected for violations of the stallion registration law should be paid to the county treasurer of the county wherein the offense was committed and after payment of the costs of the prosecution the balance of the fine should be credited to the school fund. April 27, 1912
04- 441 In order to comply with Chapter 18, Session Laws of 1909, it is necessary for every person, company, or corporation, operating a railroad in this state to equip all locomotive engines used in the transportation of trains over its road with electric or other headlights of not less than 1500 candle power, measured without the aid of a reflector, which light must be displayed in the direction in which the engine is moving. April 30, 1912
04- 442 The state board of osteopathic examiners is authorized to grant certificates to all applicants having a diploma from a legalized, recognized and regularly conducted school of osteopathy; to those who pass the examination required by the statutes of this state; and to every graduate of a reputable school of osteopathy who has been strictly examined and thereafter licensed to practise in other states, upon the production of his diploma and the license obtained from such other state. April 30, 1912
04- 443 A citizen of the United States convicted of a crime may be restored to citizenship under provisions of Sec. 9572, of Revised Codes. An alien convict cannot be restored to citizenship nor claim the benefit of said Sec. 9572. February 20, 1912
04- 444 The State of Montana cannot tax land under contract of purchase from the United States Government until such time as the purchaser has obtained a patent therefor or has fully complied with his contract of purchase and has a complete equitable title thereto, and nothing remains to be done except to make the transfer from the government to him. March 22, 1911
04- 446 In ascertaining the lines of subdivisions of land the surveyor is to be governed by monuments placed in the field by the United States surveyor provided the original location of such monuments can be established by clear proof. Is case such monuments cannot be located resort may be had to the field notes and plats. In the event the surveyor is unable to locate the quarter section monument in a given section of land he shall ascertain the location of such monument by referring to the field notes. The center of a section is the point at which straight lines drawn from the quarter section monuments as established on the boundaries of the section would intersect. May 17, 1912
04- 451 Persons removing cattle from the state to a point where a stock inspector is not maintained must have the same inspected by a stock inspector before shipment. A sheriff of a county, as such, has no authority to make the inspection. Persons removing horses from the state must cause the same to be inspected by a stock inspector or sheriff of the county from which said stock is removed. There is no preference given by statute to a stock inspector over a sheriff, and either may make the inspection. May 20, 1912
04- 452 Where an elector registers in a county where he does not reside, his registration is void and may be cancelled upon application being made therefor. May 21, 1912
04- 453 Where the county authorities had complied with the rules and regulations relative to the establishment of highways in the Indian Reservation and such action had been approved by the Interior Department prior to the opening of the reservation the right of the county to open and maintain such highways is established, and subsequent occupation of the land by settlers would not divest the county of that right. May 21, 1912
04- 456 The county of Flathead has no jurisdiction to lay out or establish public highways within the boundaries of the Glacier National Park. May 21, 1912
04- 457 When two or more polling places are established by the county commissioners pursuant to Sec. 2, Chap. 113, Laws of 1911, it is the duty of the clerk in furnishing copies to the Judges of election to include only the names of those voters who reside within the boundaries of the particular polling place. Additional polling places may be established by the county commissioners at any time prior to the closing of the Great Register. May 22, 1912
04- 459 Under the provisions of Chap. 130, Session Laws of 1911, it is made unlawful for any person to sell or offer for sale in this state, any article of food which is adulterated or misbranded, within the meaning of the act. The act specifically provides what constitutes misbranded or adulterated food. The sale of oleomargarine is not prohibited, but it must be plainly marked "Oleomargarine." Hotels and restaurants using it must expose a proper sign showing this fact. May 25, 1912
04- 460 Milk which conforms to the National Pure Food Act, but which does not meet the requirements of our law, may be shipped into this state from other states, but cannot be disposed of in this state except in the original unbroken packages. Butter, cheese, or other milk products cannot be sold or offered for sale in this state unless made from milk, the sale of which is not prohibited by the Pure Food Act. May 25, 1912
04- 462 Under the provisions of the law as it now exists, an unincorporated town or village cannot properly become a candidate for the location of the county seat of a new county. May 25, 1912
04- 464 Where a person has been sentenced for one offense before conviction for a second offense, and judgment entered in both cases, such judgments are concurrent, unless specially stated in the second judgment that it shall be cumulative to the former judgment. May 27, 1912
04- 465 By the provisions of Chap. 57, Laws of 1911, the duties theretofore devolving upon park commissioners are to be performed by the members of the city council, and the Park Commissioners appointed by the Governor are without authority. June 4, 1912
04- 466 The State has no right to impose a tax upon lands the titled to which is in the government of the United States, unless the Act of Congress vests such power in the state. June 4, 1912
04- 467 Where, through error of a county official, taxes are erroneously collected, it is the duty of the county commissioners to refund such taxes upon presentation of a proper claim therefor. June 5, 1912
04- 468 Where a prisoner is out on parole his time is counted in the same manner as though he were confined within the prison walls, for, in contemplation of law, he is still in legal custody. June 5, 1912
04- 469 By the provisions of Chap. 112, Laws of 1911, the commissioners elected at the first election in a newly created county hold office for the terms of two, four and six years, respectively, from the first Monday in January following the general election preceding the creation of such new county. June 5, 1912
04- 471 Road Supervisors and Justices of the Peace are not county officers within the meaning of Chap. 6, Laws of 1911, and the premium upon the official bonds of such officer is not a legal charge against the county within which they are appointed or elected. June 12, 1912
04- 472 Under the law of this state a board of trustees has the authority to add the industrial and domestic courses to the usual courses of study. June 13, 1912
04- 473 The Federal Government having set aside the territory included within the Glacier National Park, as a park, and the State of Montana having ceded to the Federal Government exclusive jurisdiction over such territory, the state has no authority to make inspection of boats upon the waters within the boundaries of this park. June 15, 1912
04- 474 School trustees cannot expend a sum in excess of $10,000.00 for the purchase of a building site without submitting the question to a vote of the electors. June 21, 1912
04- 475 The State of Montana does not print nor control the printing of text books. The policy of the law is to recognize Union Labor where conditions are equal, but Sec. 254 does not either enumerate or refer to test books, and, therefore, the text book commission should use its sound discretion in contracting for such books. June 24, 1912
04- 476 The county clerk on or before the first Monday in October must furnish a duplicate of the corrected assessment book for each city in the county, the treasurer of which is required by ordinance of such city to collect its taxes, so far as the same pertains to city property. Where the city has not provided for the collection of its taxes this duty falls upon the county treasurer and he is required in this instance to make the extensions in the assessment book. June 25, 1912
04- 478 The railroad commission has authority to require railroads to furnish adequate facilities to reasonably accommodate the public and in the event such services are not rendered by the local train the Commission has authority to require interstate trains to stop at particular stations in this state in order to furnish such reasonable accommodation and service to the public. June 28, 1912
04- 479 Unless the laws of the United States, or the rules and regulations of the United States governing water users associations require the contracts and agreements to be recorded in separate books, they may be recorded in the same volume. July 2, 1912
04- 480 The laws of this state prohibit any person from selling or offering for sale within this state any article of food which is adulterated or mis-branded within the meaning of Chapters 130 and 138, Laws of 1911. These acts apply to the entire public. July 12, 1912
04- 482 Claims incurred against the state in examining into question of the breach of a parole, and claims originating against the state because of the prosecution of a prisoner because of offences committed by them while in custody of the state are proper charges against the state. July 13, 1912
04- 483 Petitions for the creation of a new county under the provisions of Chap. 112, Laws of 1911, must contain the names of 50 per cent of the electors whose names appear upon the registration book used at the last preceding general election exclusive of those who have permanently removed or died. An elector desiring to have his name withdrawn from a petition for a new county must do so before said petition is considered by the board of county commissioners. A counter or withdrawal petition must be signed by 50 per cent of the electors without reference to the prior registration list. July 13, 1912
04- 486 The constitutional provision requiring contracts to be approved by the governor and state treasurer apply only to the contracts specified in Sec. 30, Art. V, of the constitution, and does not apply to contracts entered into by the state textbook commission. July 16, 1912
04- 487 The duties of state superintendent of public instruction and member of state textbook commission are not incompatible offices and one person may hold both offices and is entitled to recover the compensation allowed by law for each. A person paying a fee to the secretary of state for the issuance of a commission is not entitled to a return of that fee as an expense incident to his office. July 20, 1912
04- 488 Appropriation of moneys from the state game and fish fund cannot be used to pay expenses of the state game and fish warden's department over and above the appropriation made from such fund by law. July 22, 1912
04- 489 Children confined in the state orphans home are maintained at the expense of the state. There is no legal obligation on the part of the parents of such child to contribute to its support. July 22, 1912
04- 491 By the provisions of Chapter 18, Laws of 1911, the state fish commission have authority to construct a hatchery in such manner and form as they deem best and there is no requirement of law that they should advertise for bids for such construction any given length of time. July 22, 1912
04- 492 Upon the creation of a new county the great register should be transcribed in the same manner as other records of the county and the county clerk of the old county has no authority to extract from the great register sheets containing names of electors within the new county. July 26, 1912
04- 493 Reservation of coal and mineral rights beneath the surface are property within the provisions of law relative to taxation of property. July 29, 1912
04- 494 It is not necessary for a notice of election called for the purpose of voting an issue of bonds of a school district to contain the statement of the redeemable period of such bonds. August 3, 1912
04- 495 In ascertaining the center of a given section irregular in shape, the center should be established at a point as nearly equidistant as possible from the section corners as established and the inner lines should be as nearly parallel as possible with the exterior lines of the section. August 5, 1912
04- 496 In the event a motion picture show is not held in a theatre building for which the annual license fee of $100 is collected, such show should be required to pay a license fee of $5.00 per performance. August 5, 1912
04- 497 Reservations of coal and mineral rights beneath the surface are exempt from taxation except as provided by Sec. 3, Article XII, of the Constitution and the statutes enacted in pursuance thereof. August 8, 1912
04- 499 In view of the injunction order of the federal court the proportional rate on shipments of coal over M.W. & S. Co., between October 3rd and 20th, 1909, was 45c per ton. August 9, 1912
04- 502 A foreign railroad company ought not to be permitted to do business in this state, except by compliance with the law relating to foreign corporations. No duty rests upon the secretary of state to file the certificate provided for in Sec. 4291 of the Revised Codes until a duly authenticated copy of the charter or articles of incorporation of the company have been filed in accordance with the provisions of the law relating to foreign corporations transacting business in this state. August 14, 1912
04- 504 A corporation or individual may purchase only the amount of state lands prescribed by Sec. 37, Chap. 147, Session Laws of 1909. The fact that an individual is a stockholder in a corporation which owns the maximum amount of state lands prescribed by law may still purchase state lands to the extent prescribed by the above section. The work "company" as used in this section is synonymous with "corporation." The members of a partnership may purchase state lands but cannot acquire more land from the state than each member of the partnership could acquire individually. August 14, 1912
04- 506 The registration law is made applicable to general elections and it is to be inferred that it applies to county elections held for the purpose of getting an expression of the electors relative to the issuance of bonds. Reasonableness of law questioned. August 17, 1912
04- 507 Railroad companies doing an interstate business are exempt from the payment of the inspection fee required by the weights and measures law. August 21, 1912
04- 509 Chapter 129 of the Laws of 1911, providing for the firemens' disability fund is unconstitutional. The state auditor cannot comply with the provisions of Sec. 3 of such act by making payment to city treasurers, as therein required, there having been no special appropriation made with which to meet such payment. August 23, 1912
04- 510 The killing of beaver for profit is prohibited. August 23, 1912
04- 511 Prior to the opening of an Indian reservation, the public has no right upon lands embraced therein, except by license or permission from the Indian department, and therefore a prescriptive right to a public road cannot be obtained. The public cannot date a prescriptive right under such circumstances at any time prior to the opening of such reservation. September 7, 1912
04- 512 A Minnesota corporation engaged in soliciting consignments of grains in this state is not required to comply with the laws of Montana regulating foreign corporations doing business in this state. Under such state of facts, the corporation is engaged in interstate commerce. September 11, 1912
04- 513 It is not the duty of the state examiner to make examination of the books of boards of school trustees of school districts. September 14, 1912
04- 514 In case of division of a school district, each district shall thereafter own and hold all permanent property, such as sites, school houses and furniture, situated within its boundaries. Upon division of a school district, the new district is liable, and should pay its part of outstanding building obligations, after the subtraction of the sinking fund, where the debt was incurred for the erection of buildings or improvements located in the confines of the new district. September 17, 1912
04- 516 The railroad commission may make and enforce reasonable rules and regulations to be observed by boats carrying passengers and freight for hire, but this does not confer upon the commission authority to clear the channel, or erect and maintain lighthouses. September 25, 1912
04- 517 Petitions for a retail liquor dealer's license, as well as remonstrances against the granting of the same, should be considered in full force and effect for a period of six months from the date of filing the originial petition. Accordingly, upon filing new petitions for a license within the six months period, a new remonstrance petition need not be filed. October 1, 1912
04- 519 An appropriation made for the purpose of paying the traveling expenses of the deputy veterinarian is not properly available for use in paying general office expenses. October 2, 1912
04- 520 It is the duty of the board of county commissioners to submit the question of the location of the permanent county seat of Musselshell county under the provisions of the general law, rather than the special provisions contained in the law creating the county. October 4, 1912
04- 521-4 Banks should not be permitted to impair or diminish their surplus or reserve fund by charging off bad paper against the same. October 4, 1912
04- 521-8 When the State Text-Book Commission has adopted both basal and supplementary text-books for use in the public schools, such books shall be used to the exclusion of all others for a period of five years from and after the first day of September of the year in which they are adopted, provided that any person or district may purchase other books for reference. October 8, 1912
04- 522 Manner of voting for a county seat heretofore decided. School District Trustees should make levy and report the same as required by Sec. 995, Revised Codes, but a slight delay therein will not vitiate the tax. October 9, 1912
04- 524 In the absence of legislation by Congress, a state may protect itself against disease and may enact legislation for the inspection of animals coming from other states for the purpose of excluding those which are diseased and admitting those which are healthy, but where Congress has enacted inspection laws, there laws supercede those enacted by the state, and if animals destined for shipment into this state are accompanied by a Federal certificate of inspection they cannot be excluded by the state. October 10, 1912
04- 525 The special measures submitted to the people, such as the Initiative and Referendum, and for the purchase of the insane asylum should be submitted to the electors on separate ballots. October 10, 1912
04- 526 There is no constitutional objection to the enactment of a law whereby various fruit growing counties may by local option provide a fund to be raised from taxation to be expended in aid of horticulture. Common Carriers should not receive fruit for shipment without the state where the same is not accompanied by an inspector's certificate as required by law. October 17, 1912
04- 527 A person whose name does not appear upon the Great Register is not entitled to a vote where he failed to register with the county clerk and his registration affidavit was not delivered on time to the county clerk. For the purpose of voting an elector who has registered as a resident of one precinct in the county does not lose his right to vote in such precinct even though he may have moved his residence from one precinct to another in the county. October 28, 1912
04- 528 Under the provisions of Sec. 4044, Revised Codes, a stock fire insurance company may be incorporated with a capital of not less than $200,000 nor more than $1,000,000, all of which stock must be fully subscribed before said company is entitled to transact business. November 12, 1912
04- 529 Pursuant to the provisions of Sec. 1585 et seq., Revised Codes, it is the duty of the State Board of Medical Examiners to ascertain whether or not a medical school from which an applicant for a license is a graduate is a legally organized medical school and one in good standing. In ascertaining this fact the Board may take into consideration the classification of Medical Colleges made by the American Medical Association. November 12, 1912
04- 530 At an election held for the purpose of creating a new county under the provisions of Chap. 112, Laws of 1911, those electors resident within the proposed new county whose names appear on the official registration list used at the last general election and those who may be registered subsequent to the last general election are entitled to vote. November 25, 1912
04- 532 Betting on a pool game is not gambling within the meaning of the anti-gambling laws of this state, although it is possible that it might be done with reference to some phases of the game that would be violative of the anti-gambling statute. November 26, 1912
04- 533 A person elected to fill a vacancy in the office of County Commissioner takes office immediately upon filing his bond and oath of office. November 27, 1912
04- 537   December 26, 1911
04- 539   December 30, 1911
  • 19 October 2018
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