Attorney General’s Opinions

Volume 05

Page Held Date
05- 2 An increase of assessment without notice to the taxpayer is void. December 2, 1912
05- 3 The board of county commissioners in issuing bonds for the purpose of redeeming outstanding bonds is limited to outstanding bonds, warrants, or orders theretofore issued for the purpose of necessary building sites, construction of necessary public buildings, public highways and bridges. December 12, 1912
05- 4 Where a witness is confined in the county jail in default of giving security for his appearance in court, after a period of three days has elapsed such confinement should be by agreement with such witness. Such witness should file his claim for fees against the count, and if found correct the same should be allowed. December 12, 1912
05- 6 The railroad commission being familiar with all the facts and circumstances may authorize a reduction in tariffs to become effective at a date prior to its promulgation with the consent of all carriers affected. The board of railroad commissioners has authority, when all the facts are presented to it, to authorize a compromise between the carrier and shipper and permit the carrier to refund a portion of a freight charge, when it is apparent that neither the carrier or shipper are attempting to violate the provisions of the statute prohibiting rebating and discrimination. December 13, 1912
05- 7 The provisions of Chapter 110, Laws of 1911, do not apply to the grower or producer of fruits, but the vending must be done by the grower in person or by his servant, and not by agent. December 14, 1912
05- 8 As regulating amount of official bonds, the provisions of the Initiative Measure, No. 302, the primary law, applies to the election of officers upon the creation of a new county within the provisions of Chapter 112, Laws of 1911. Upon division of a county, a county commissioner who resides within the new county ceases to be a commissioner of the old county unless he removes within the limits of the old county. A county commissioner who has qualified is not required to file additional bond upon a county becoming one of a higher class unless required so to do by the district judge. December 14, 1912
05- 10 Serving as a juror in examination fo a person accused of being insane is not practising medicine, hence not a violation of the law requiring a license. December 21, 1912
05- 11 Persons living within a city are liable for the payment of road tax unless the city has enacted an ordinance conformable to Sec. 1344. December 21, 1912
05- 14 Comparing of records for new county is a part of the official duty of the county clerk of the old county, and the per diem allowed for such comparing should be collected and accounted for to the county in the same manner as are the fees prescribed in Sec. 3168. January 23, 1913
05- 15 It is not constitutional for the legislature to make an appropriation of the state's money to a corporation organized for charitable or benevolent purposes, unless such corporation is under the absolute control of the state. January 27, 1913
05- 16 At the time of the passage of Sec. 4373 of the Revised Codes, Street Railways were being operated in many of the cities of the state, but the legislature omitted to expressly include them within the jurisdiction of the railroad commission. The terms of the statute are not broad enough to include them unless expressly mentioned, therefore, the commission has no jurisdiction over street railway lines operated within the limits of a city or town. December 28, 1912
05- 17 There being no authority of law compelling the attendance of or prescribing the duties of county officers at a meeting to be held at some point within the state and at a time to be mutually agreed upon, there is not law providing for the payment of their expenses. Under the provisions of Sec. 2894 and 3199 of the Revised Codes, if the actual interests of the county demand such attendance, the presumption is there would be no objection raised to the payment of the expenses. January 13, 1913
05- 18 The funds of a volunteer fire company raised by taxation is paid into the county treasury and can only be disbursed by order of the board of county commissioners. January 13, 1913
05- 19 Effect of creation of new county by election, and incorporation of same territory in county created by special law, considered. January 17, 1913
05- 22 There is no provision of law imposing upon the secretary of state the duty of furnishing the senate with suitable rooms. The provisions of Subdivision 1 of Sec. 154, Revised Codes, does not warrant the senate in demanding by resolution that the secretary of state furnish suitable rooms for committee or other purposes. January 20, 1913
05- 23 The sheriff-elect of a new county may appoint as his undersherriff a person living in the territory which heretofore had embraced the new county, and is not confined to the new county proper. There is nothing in the law compelling the Board of county commissioners to employ more deputies than necessary for the proper conduct of the business of the county. January 22, 1913
05- 25 Where a defendant has once appeared and paid his appearance fee he cannot be again charged for making a subsequent appearance. Where two or more defendants combine in the same appearance but one fee can be charged. January 22, 1913
05- 26 Under a single license the licensee is permitted to maintain separate places of business, provided that the business at these separate places is not carried on through an agent or agents having authority to sell. If the business is transacted through such agents, each agent must have an individual license. January 22, 1913
05- 27 The legislature having determined, by the enactment of Chapter 112, Laws of 1911, that the creation of new counties was a matter to which a general law could be made applicable, and the fact that three counties have been created under the provisions of the Act, the creation of new counties cannot now be regarded as a proper subject for special legislation. A special act attempting to create a new county would be unconstitutional. January 28, 1913
05- 35 The legislature is the judge of the election of its own members, hence the poll books should be so prepared, that a record may be kept of the number of votes cast for candidates for the legislature, though no previous nominations had been made. January 20, 1913
05- 37 Under the provisions of Sec. 3194, Revised Codes, the mileage allowed to members of the board of county commissioners in traveling to and from the sessions of the board, is ten cents per mile. Under the provisions of Sec. 2893 of the Revised Codes, the per diem allowed members of the board of county commissioners is eight dollars per day, and such per diem is to be computed from the time such member appear "on the session of the Board." January 30, 1913
05- 38 Sec. 2864, Revised Codes, provides that a fee of six dollars per day shall be allowed the county clerk for comparing the transcribed records for a newly created county. Such fees, however, are due from the new county to the old county, and not to the county clerk thereof. January 30, 1913
05- 39 The law relating to the renewal of professional or first grade certificates is not unconstitutional. January 31, 1913
05- 40 Mileage and actual expenses of travel cannot both be allowed. Where actual expenses are allowed the county board must determine the necessity and reasonableness of the charge made. January 31, 1913
05- 42 Costs incurred on preliminary examination in a suspected arson case are not paid out of the state fire marshal fund, but are paid in the same manner as is other criminal cases. Members of fire departments, when appearing as witnesses in court not of record, are entitled to be paid witness fees. January 31, 1913
05- 43 Section 8546 fixes the quantity of explosives which may be stored in a mine at three thousand pounds. February 1, 1913
05- 44 The man employed as foreman in charge of the underground work of a coal mine must possess the qualifications required by the Mining Code, and have authority to hire and discharge men in emergency cases where the safety of the workmen require it. He should have absolute authority to determine all questions of prosecuting the work where the immediate safety of the miners is involved. February 1, 1913
05- 46 An appropriation to support the Forestry School provided for in House Bill No. 3 is germane to the establishment of the school. House Bill No. 3, in its present form, is constitutional. February 4, 1913
05- 47 State Arid Land Grant Warrants draw interest at the rate of six per cent from the date of registration. Bond Accounts do not draw interest until warrant has been issued thereon and registered for lack of funds to pay the same. Salary accounts should be audited and paid in the same manner that other accounts are paid. February 4, 1913
05- 49 The issuance of one warrant by the state auditor to the head of each state institution or department in payment of salaries of its employees would be a payment of same in a manner not authorized by law. Employees of the state are entitled to receive their pay direct from the state. February 5, 1913
05- 50 It being the duty of the state examiner, under the provisions of Subdivision 2 of Section 209, Revised Codes, to provide for the method of accounting for warrants and the kind of Register that can be used, and he having directed the class of book to be used, the state auditor may not introduce loose leaf register of warrants. February 5, 1913
05- 51 A resolution passed by the House of Representatives purporting to raise the salaries of certain employees of the House above the compensation prescribed by law cannot affect such salaries, and the state auditor should draw his warrant only for such claims as are authorized by law. February 7, 1913
05- 52 It is the plain direction of the statute that claims of justices and notaries for registration of voters should be paid after each general election. February 7, 1913
05- 53 Under the provisions of Sec. 10 of Chapter 125, Laws of 1911, only such persons as have been residents of the state for one year are eligible for admission as patients to the State Tuberculosis Sanitarium. It is within the province of the state board of examiners to make such rules with respect to the admission of private patients as it may deem proper. February 10, 1913
05- 54 It is the duty of the sheriff to discharge all duties required to be performed by an executive officer is district courts, and this duty should be discharged either by the sheriff or one of his deputies. No authority exists for the district judge to appoint the bailiff independent of the deputy sheriffs except in emergency cases. February 10, 1913
05- 56 The law requires the licensed agent of an insurance company to be a legal resident of the State of Montana. The auditor should determine, as a matter of fact, whether the person applying for license meets this requirement. Certain rules for determining residence stated. February 10, 1913
05- 57 Where the two offices are not inconsistent or incompatible, in the absence of any prohibition in the constitution or statutes, they may be held by one person. February 11, 1913
05- 58 We have no hesitancy in saying that the provisions of Sec. 33, Chapter 113, Laws of the Twelfth Legislative Assembly, should not be relied upon in any case whatever, as similar laws have been many times held unconstitutional and void. If any registration is required at such special elections, the official register and check list referred to in Sec. 34 of the Act would consist of the names appearing on the new Great Register, and in addition thereto, the names of those who have registered since that time and up to the time the official register and check list named in said Sec. 34 are supplied to the judges of election. February 13, 1913
05- 60 A county refunding bond must name a redeemable period which must be substantially different from the period when the bond becomes due. February 13, 1913
05- 61 The property of corporations is subject to assessment and taxation in the same manner as property of individuals, but the capital stock of a corporation, as such is not regarded as property for the purposes of taxation. February 15, 1913
05- 62 The district court of the county which includes the locality where the offense is alleged to have been committed has jurisdiction of such actions. February 15, 1913
05- 63 The provisions of Sub-division 8, Sec. 2894, Revised Codes relating to the appraisement of lands purchased by the county for any purposes, should be obeyed. February 16, 1913
05- 64-19-1 Fifteen days must intervene between the giving of the notice and the day on which the election is held, counting election day as one of the days. February 19, 1913
05- 64-19-1 Stock must be inspected prior to shipment by someone authorized to make such inspection. Whether the party signing as inspector was, in fact, at the date of such inspection an inspector is a question of fact which must be determined from the records and the evidence as to when the inspection was actually made. A person assuming to be an inspector who is not such in fact, is guilty of a violation of the law. February 19, 1913
05- 66 Under the provisions of Sec. 2774 of the Revised Codes, but one license is required of a common carrier, which said license must be procured from the state treasurer, or from the county treasurer of the county within which its principal office is located. If the county treasurer of the county wherein the principal office of the carrier is located has knowledge of violation of this law, he should make complaint to the county attorney of his county, who should prosecute the offender. February 20, 1913
05- 67 Until the final determination of an election contest, the salary incident to the office should not be paid to the present incumbent. February 20, 1913
05- 68 Where a notice of proclamation of election is required to be published for a certain period of time, it must appear in each regular issue of the paper in which it is published for that entire period. February 21, 1913
05- 69 Although Sec. 33, Chapter 113, Laws of 1911, is unconstitutional, the result of the election cannot now be challenged unless the party challenging can show that a different result would have been reached but for the fact that qualified electors were prevented from voting. February 24, 1913
05- 70 The board of county commissioners is vested with authority to make corrections of any errors in the assessment and collection of taxes, but in the exercise of this authority, the board, in its discretion, may refuse to order a refund unless the evidence is positive, direct, and certain, that a satisfaction of the mortgage has been actually filed for record in the office of the county recorder prior to the time the order for refund is made. February 26, 1913
05- 72 House Bill No. 113, making an appropriation of $2,000 to defray expenses of commission to participate in the celebration of the Fiftieth Anniversary of the Battle of Gettysburg, is constitutional. February 27, 1913
05- 73 The provisions of House Bill No. 181 are in violation of the provision of the constitution which prohibits the enactment of local or special laws granting "special or exclusive privileges, immunity or franchises," and the classification made in said house bill is not warranted by the provisions of our State constitution. March 3, 1913
05- 75 Where more than three sureties sign a bond required by Sec. 3003, Revised Codes, each may justify in an amount less than the penal sum of the bond, but the total amount to which they justify must equal three times the penal sum of the bond. March 11, 1913
05- 76 A chief probation officer is a public officer of a county and his bond is regarded as "an official bond." Under the provisions of Sec. 3, Chapter 6, Laws 1911, any county officer may furnish an official bond signed by a surety company as surety and in such case the premium due therefor is a proper charge against the general fund of the county. March 11, 1913
05- 77 The game warden has no control over the fish and game within the Glacier National Park. March 12, 1913
05- 78 After taxes have been levied, the change of boundary lines of a school district will not have the effect of transferring the tax from one district to another. March 14, 1913
05- 79-14 The corporations enumerated do not come within the interstate commerce clause, depriving the state of the authority to fix the filing fee. March 14, 1913
05- 79-15 It is the duty of the county clerk of the old county to compare the transcribed records for the new county with the original records. The fee for such comparing is six dollars per day per man, if more than one man is engaged in such comparing. As this fee goes to the county and not to the clerk, the county commissioners of the old county are authorized to employ extra assistance, if necessary. March 15, 1913
05- 80 Alfalfa is not a grain within the meaning of the law authorizing mutual hail and fire insurance companies. March 15, 1913
05- 81 The board of county commissioners has no authority to issue a wholesale liquor license or to order issued a wholesale liquor license. March 19, 1913
05- 82 Under strict construction of the law, the person elected to the office of state senator in a newly created county would hold office only until the first Monday in January, succeeding the next general election, but the Senate is the judge of the election and qualification of its own members and such case must therefore, be finally determined by the Senate itself. March 20, 1913
05- 85 The official stenographer should present to the board of county commissioners of the counties of his district his charges for mileage of the same, which should be audited and allowed the same as other county charges. March 20, 1913
05- 87 The school district library fund must be definitely determined before the county treasurer can be required to keep the same separate from other moneys belonging to the district. Methods suggested for determining amount. March 21, 1913
05- 88 A new county may be formed which contains an assessed valuation of not less than three millions. Under the Act, as amended, only fifty-one percent of the votes cast is necessary to form such county. Petitions heretofore presented to the county commissioners may be acted upon in the same manner as before the approval of the new act, the board being guided by the amendments. A counter-petition must be in conformity with the requirements laid down. Whether or not a portion of the territory to be withdrawn under the counter-petition is an Indian Reservation is entirely immaterial. March 22, 1913
05- 90 The county treasurer has no authority to transfer a liquor license from one place within the county to another place in the county, without the sanction of the Board of County Commissioners. March 22, 1913
05- 93 A person who has resided for more than two years upon territory annexed to a city, if qualified in other respects, is qualified for the office of mayor or alderman of such city. March 24, 1913
05- 94 There is no provision in the law for shipments of cattle to be inspected by a sheriff. The sheriff has no authority to inspect same. Such cattle should be inspected by a stock inspector of the state, subject to certain exceptions. Horses before being removed from the state must be inspected by either a stock inspector or a sheriff, under the provisions of Sec. 1804, et seq. Revised Codes. March 25, 1913
05- 96-26-1 The Yellowstone river is navigable. March 26, 1913
05- 96-26-2 The clerk of the district court cannot properly charge for making copies where the same have been furnished by the parties. His fee for certifying however, remains the same. March 26, 1913
05- 98 1. Where animals are slaughtered by order of the veterinary surgeon for any of the diseases named in the law providing therefor, the owner is entitled to receive compensation from the state and the county. 2. Where an animal is slaughtered, it should be described so as to identify it, but it is not necessary to make a separate certificate for each animal, although that is the better way. 3. House Bill No. 119, Laws of 1913, does not conflict with Chapter 146, Laws of 1911. 4. Form of order directing the slaughter of animals submitted. March 26, 1913
05- 99 A new county cannot be lawfully created when it leaves an old county with less than five million assessed valuation. March 26, 1913
05- 101-27 The salary of a district judge elected at the general election November, 1912, begins on the first Monday of January, 1913, and not on the first day of January. March 27, 1913
05- 101-28 Facts of this case examined, and held that the county rather than the clerk should pay the costs of the mandamus proceeding. March 28, 1913
05- 103 Registration is necessary for an election for the first officers of a newly created town. Candidates for such position may be nominated in the manner provided by Section 524 R.C. March 28, 1913
05- 104 The trustees of school district of the second class may levy special tax for the erection of a school house. March 28, 1913
05- 105 In the erection of public buildings for the county, the board of county commissioners is vested with discretionary power and are governed by that which is for the best interests of the county, keeping in mind the fact that no more than ten thousand dollars may be expended tor any single purpose without the consent of the electors. April 2, 1913
05- 106 Under the provisions of Chapter 147, Laws of 1911, the management, control and administration of the Montana State Fair is vested in a board of directors and advisory board which boards may prescribe rules and regulations for such management, etc. The matter of advertising for bids is in the hands of the boards above referred to, and if the rules and regulations governing the Fair requires such advertising they should be complied with, but the boards have discretionary power to adopt and pursue such course as they deem advisable. April 2, 1913
05- 107 It is not the duty of the secretary of the bureau of child and animal protection to certify to accounts filed by various institutions where women are admitted or committed under the provisions of Chapter 131, Laws of 1909, except that as to case which have been committed through his own department he should certify the accounts. April 2, 1913
05- 108 A person or company employing a crew of men and moving them from place to place within the State of Montana, is liable for the care, maintenance and quarantine of all persons in such crew who may be afflicted with any contagious disease. Neither a county nor a city is required to extend its charity work to persons amply able to supply themselves. April 2, 1913
05- 110-2 The term of a trustee appointed by the county superintendent expires at the next annual election. The word "regularly" applies to trustees who have been appointed, as well as to those elected and whose terms expire by reason of having served a full term. April 2, 1913
05- 110-4 After the certificate provided for in Sec. 5 of Senate Bill No. 57 has been made by the clerk of the court, nothing further is required of either the clerk of the court or the county attorney. A prisoner, after being sentenced and discharged under the provisions of this law, is under the control of the state board of prison commissioners. April 4, 1913
05- 111 The funds of the University cannot be used to refund to students attending the summer session at the University, railroad fare paid in excess of five dollars. April 8, 1913
05- 112 A lady is not qualified to hold a deputyship to any officer in this state, for the reason that the deputy must have the same qualifications as the principal. The county commissioners are authorized to allow the clerk to appoint a lady as clerk or stenographer, and to fix her salary in such sum as to the board seems just. April 8, 1913
05- 113 Section 26 of H.B. No. 325 refers only to domestic corporations organized or in process of organization, and the provisions of the law apply to all foreign corporations doing business in this state at the time the law took effect, or those to begin doing business subsequent thereto. April 8, 1913
05- 114 Under the provisions of Sec. 7, Article V of the State Constitution, members of state boards who, during their terms of office as such members, have been elected to the Legislature, are no longer members of said boards, and have no right or title to places or seats thereon, for the reason that their election to the legislature created, Ipso Facto, vacancies upon said boards. April 12, 1913
05- 116 Section 2102 of Chapter 76, Laws of 1913, provides the form of ballot to be used at a special election for and against a county free high school. The ballots shall have printed thereon the matters set forth in the section, and nothing more. Ballots upon the question of issuance of bridge bonds should be separate. April 12, 1913
05- 117 Under the provisions of Chapter 44, Laws of 1909, the total sum allowed for traveling expenses of the county assessor and his deputies in any one month must not exceed the sum of fifty dollars. April 12, 1913
05- 118 A bank incorporated under the laws of Montana may charge its bad debts to its surplus fund after all other earnings of the bank have been employed for that purpose. This may be done without getting permission from the state bank examiner. April 18, 1913
05- 120 Under the provisions of Sections 2065 and 2067, it is the duty of the Board of County Commissioners to designate some proper person in the county to decently inter the body of any honorably discharged soldier, sailor or marine who shall have served in the army or navy of the United States, who may hereafter die. April 18, 1913
05- 121 The notice required to be given under the provisions of Sub-division B, Sec. 17, Laws of 1913, should be by service and not by publication. Section 7145 to 7152 provides how the notice shall be served. April 18, 1913
05- 122-23-1 Under the provisions of Senate Bill No. 115 the secretary to, and chief clerk of the state veterinarian are entitled to receive passes from railroads. April 23, 1913
05- 122-23-2 Senate Bill No. 117, being a bill for raising revenue for state purposes, having originated in the Senate, is unconstitutional and void. Senate Bill No. 135, although in part a revenue measure, is not unconstitutional as the Act does not raise revenue for state purposes; nor does it directly impose a tax. April 23, 1913
05- 124 The board of county commissioners is not authorized to proceed by resolution regarding the purchase of a certain bridge. Such purchase can be made only after appraisement by seven appraisers under the terms of Sec. 1452, Revised Codes. April 24, 1913
05- 125 It is not discretionary, but a matter of duty with the local authorities to request admission to the State Tuberculosis Sanitarium for poor patients, and to pay for their care and treatment while at the Sanitarium. The charges for patients who are able to pay for their care and treatment in the Sanitarium are to be fixed by the executive board of such institution. April 24, 1913
05- 127 The use of a seine for the taking of fish is permitted by Sec. 2, Chapter 79, Laws of 1913, the word "seine" being specifically used therein. The definition of the word "seine" is found in the opinion, as is also the definition of the words "Gill Net." The use of gill nets is not authorized under Sec. 2, Chapter 79, Session Laws of the 13th Legislative Assembly. April 25, 1913
05- 128 A railroad grade constructed upon a right of way, but upon which a railroad is not yet being operated, and which is entirely within one county, is to be considered a part of the land itself and should be assessed by county assessor at its full cash value, assessing the whole thereof as land. April 25, 1913
05- 129 After the questions upon which applicants for license to practice medicine are to be examined have been prepared by the state board of medical examiners, they may be given and the examination conducted by the secretary of said board and without the presence of the whole board at the examination; provided, that the whole board meets to decide upon the qualifications of the applicants after the examination of their answers to the questions. April 29, 1913
05- 130 There has been no change in the law since the passage of the Act of 1907, and a foreign building and loan association cannot now enter the State of Montana and transact business therein. April 30, 1913
05- 131 A county health officer is a county officer and must maintain an office at the county seat. A county physician is not a county officer, but must reside within the county. Officers are entitled to mileage for the distance actually traveled, which must be computed upon the shortest feasible route, weather conditions and conditions of the road at different times of the year being taken into consideration. May 1, 1913
05- 133 Where a person has presented coyote skins to a bounty inspector under the provisions of Sec. 1906 of the Revised Codes, in the middle of March, he was not entitled to a bounty, the law requiring this to be done within the first three days of the month. Not having followed the law, as it existed at the time, he is not affected by an amendment therein, making it the duty of the sheriff to examine skins presented for bounty, and is not entitled to have a certificate from the sheriff. May 1, 1913
05- 134 A person presenting a skin or skins would be entitled to bounty upon them provided the requirements of the law had been fulfilled. Under the present law the skins presented for bounty, must be inspected by the sheriff or his deputy at the county seat. Skins taken from animals in one county may be presented to the sheriff at the county seat nearest to the locality where the animals were killed. Sheriff not authorized to appoint special deputy exclusively for examining skins under bounty law. May 1, 1913
05- 137 Property outside of state, basis upon which shares in state banks are taxed. May 7, 1913
05- 138 The fee to be paid to and collected by a clerk of the court upon the filing of a petition for administration is five dollars. The amounts due as inheritance taxes are as shown in this opinion. May 7, 1913
05- 139 The required percentage of votes cast in order to create a new county is fifty-one per cent and this must be fifty-one per cent of the votes cast in the territory taken from each county, as an independent unit. May 8, 1913
05- 140 It is the duty of the board of county commissioners to inquire into the soundness and financial condition of the various banks in their county; and it is the duty of the county treasurer to equitably prorate all deposits among the banks in his county which have been approved by the board of county commissioners. Under the provisions of Sec. 4, Chapter 88, Laws of 1913, it is encumbent upon the county treasurer to deposit all public moneys in his possession and under his control (except such as may be required for current business), in the various banks upon the date when this law becomes effective. May 13, 1913
05- 142 Section 1889, Revised Codes, provides the classes of animals which must be slaughtered, and which class may be slaughtered only after notice to the owner thereof. Section 1890, Revised Codes, provides the procedure to be followed by the veterinary surgeon in slaughtering animals of either class. In determining whether he should quarantine diseased animals, or slaughter same forthwith, the state veterinarian should be governed by the rules and regulations of the state sanitary board. May 14, 1913
05- 144 The amount of bond required of a bank before deposit of county moneys therein is within the discretion of the board of county commissioners. The bond may be either a surety bond or personal bond within the discretion of the commissioners. The form of such bond must be the same as official bonds. In case of a personal bond, the sureties thereon must justify. May 14, 1913
05- 146 Upon the sale of a duly registered motor vehicle, the purchaser thereof must cause the vehicle to be again registered and take out a new license. There is not provision of the statute as to what shall be done with the identification number issued to the former owner of motor vehicle which has been sold, but as the number is entirely useless to the former owner of the motor vehicle, it would be a matter of prudence upon his part to surrender same to secretary of state, and this relieve himself of responsibility as owner thereof. May 15, 1913
05- 147 Bonds cannot be issued by a board of school trustees for the purpose of raising money to be spent in repairing the front of a school house which has been previously built. May 15, 1913
05- 148 The construction of Sections 2503-4-5 is very materially limited by Sections 7 and 17 of Article XII of the constitution. Such sections must be construed in conformity with the mandates of the constitution, and any provisions in them contrary to the constitution are of no effect. The only assessment which can be made upon the stock of any corporation is upon any excess there may be in the aggregate market value of the shares over the value found for all property belonging to the corporation in this state and assessed thereto. May 16, 1913
05- 151 The provisions of Chapter 114, Laws of 1913, do not apply to osteopathic physicians, but only to regularly licensed physicians and surgeons. May 19, 1913
05- 152 Under the provisions of Chapter 81, Laws of 1912, he annual compensation to be paid the stenographer of the secretary of the Bureau of Child and Animal Protection, is $900.00 per annum. The same Act provides an additional salary or compensation of $300.00 per annum to be paid him for services performed by him in the office of the adjutant general. Though the Thirteenth Legislative Assembly appropriated $1,000 to be paid him as stenographer in the office of the secretary of the Bureau of Child and Animal Protection, he is not entitled to receive more than the salary fixed by law for his services in that office. The appropriation for the current year for his services in the office of the adjutant general is $200. As his salary is fixed by law as above set forth, the auditor is authorized to draw his warrant only for the sums appropriated for his services in the office of the adjutant general, namely, $200 per annum, and therefore, the remedy for salary earned but not paid, must come through a deficiency bill. May 19, 1913
05- 154 It is a sufficient compliance with the requirements of the statute if the license number of any motor vehicle be painted upon said vehicle in black, upon a white background. May 21, 1913
05- 155 In the particular case referred to, written contract of employment not having been entered into between the board and the teacher, no rights accrue to the latter. Under the provisions of Chapter 76, Laws of 1913, contracts of employment of teachers should, in the future, be evidenced by writing, and executed in duplicate by the chairman and clerk of the board of the district, and by the teacher. May 23, 1913
05- 157 Under the provisions of Sec. 1804, Revised Codes of Montana, it is the duty of the sheriff of any county, when called upon, to inspect any horse, mule, mare, colt, foal or filly immediately before shipment or removal of the same from points within this state to points without the state. Sheriffs have nothing to do with the inspection of cattle. Under the provisions of Sec. 1885, Revised Codes of 1907, a special deputy veterinarian receives a salary of $1500 per annum, together with actual and necessary traveling expenses; while deputy veterinary surgeons when performing actual service under the direction of the state veterinary surgeon or sanitary board, receive the sum of six dollars per diem, together with actual traveling expenses. May 23, 1913
05- 159-23 Under the provisions of Sec. 1, Chapter 2 of Chapter 72, Laws of 1913, the road tax therein referred to falls only upon those who are residents within the county on the first day of March. May 23, 1913
05- 159-27 Music being one of the branches in the course of study prescribed by the state superintendent of public instruction, a board of school trustees is authorized to purchase a piano for use in the public schools; the matter resting in the sound discretion of the board of trustees. May 27, 1913
05- 161 Taxes levied against the improvements upon homestead claims to which patent has not been issued do not become a lien upon such land after final proof and issuance of patent if the taxes are allowed to become delinquent. Personal property when once lawfully assessed to the owner or claimant or person lawfully in possession of the same on the first day of March in each year, at 12 o'clock, noon, can not, upon the transfer of such property thereafter being made, be reassessed to the new owner or claimant or person in possession. May 28, 1913
05- 164 The State has no jurisdiction, except for the serving of process, over land acquired by the United States for the purpose of erecting thereon a postoffice or other federal building. The boiler inspector has no authority to compel a person operating a steam engine upon such federal ground to take out a license. May 28, 1913
05- 166 Under the provisions of Section 4402, Revised Codes, telegraph or telephone companies are not permitted to consolidate with or hold controlling interests in the stocks or bonds of a competing line. There is no objection to two or more companies connecting their lines for the convenience of patrons. The railroad and public service commission has no authority to compel a connection, but if a connection should be made, the commission would have authority to establish a joint rate. May 29, 1913
05- 167 Sec. 2684, Revised Codes, having to do with the assessment of personal property applies to all cases wherein in the judgment of the assessor, the taxes levied thereon are not a lien upon real estate. Tax sales are to be conducted by the county treasurer with respect to personal property by summary proceeding, as provided in the Codes, and no action at law is necessary as a condition precedent to vest the treasurer with jurisdiction. May 29, 1913
05- 169 The committee appointed by the Twelfth Legislative Assembly to investigate the affairs of the state board of stock commissioners by H.J.R. No. 8, submitted its final report to the Governor on February 6, 1913, and was thereby, ipso facto, discharged. It is now without further authority. The property recovered and now held in trust by W.C. Rae, state treasurer, as trustee for certain creditors, may be by him, upon direction of the state board of stock commissioners, duly expressed by resolution, converted into cash, and the proceeds applied according to the terms of the trust. May 29, 1913
05- 171 Honorably discharged soldier, sailors, or marines, who served in the Army or Navy of the United States during the late Civil War, the Mexican War, the late war with Spain, the Sioux War of 1876, or the Nez Perce War of 1877, who are invalids by reason of disease, wounds, or other disability contracted in the service, are eligible for admission to the Montana Soldiers Home. Volunteer citizens who served in either the Sioux or Nez Perce campaigns under command of a military officer are eligible for admission. The board of managers is clothed with inherent powers under the law to determine who shall be eligible for admission to the Home. May 31, 1913
05- 173 Sheriffs in Montana are entitled to actual expenses when transporting prisoners to State institutions, but in the service of process, both civil and criminal, they are entitled to mileage only, as provided in Sec. 3137, Revised Codes. Sec. 3137, Revised Codes, expressly provides that the mileage named in the section is in full for all such traveling expenses and it makes unlawful any charges for team or horse hire. Held, That the phrase "team or horse hire" includes motor vehicles. This office will not undertake to audit claims filed by county officers as charges against the county; it being the duty of the county officials to audit all claims presented as charges against the county. June 2, 1913
05- 178 The employment of a hoisting engineer at a coal mine for a period of nine hours a day, he being engaged in the actual running or operating of a hoisting engine only seven hours out of that period, although his shift consists of nine hours, is not violative of any law in force in this State regulating the hours of labor for such engineers. June 3, 1913
05- 179 The proper manner of assessing domestic insurance companies is to assess the mortgage loans, deposits in banks, county warrants, loans to policy holders on policies, and on furniture, fixtures, etc. June 3, 1913
05- 182 Under the provisions of Sec. 3, Chap. 118, of the Laws of the Eleventh Legislative Assembly, a county having within its boundaries a portion of some U.S. forest reserve is entitled to such portion of moneys paid to the State by the Treasurer of the U.S., as the area in such county bears to the total area of the U.S. forest reserve situated within the State. And a county having no portion of a forest reserve within its boundaries would not be entitled to any of the moneys paid by the Treasurer of the United States to the State of Montana out of forest reserve income. June 5, 1913
05- 183 Under the provisions of Chap. 72, Session Laws of 1913, police courts and their officers have concurrent jurisdiction with justice courts in cases of misdemeanor. A violation of the above act being a violation of a State law, the duty of prosecuting devolves upon the county attorney. Under the provisions of the above act the power of cities and towns to pass ordinances regulating the use and control of motor vehicles is annulled, the Legislature having taken from the cities and towns the power to legislate in regard to motor vehicles upon their streets, therefore they can pass no ordinance or rule regulating the speed of motor vehicles within their corporate limits. June 5, 1913
05- 185 If the possessor of the stray cow has complied with the provisions of Secs. 1906 to 2002 inclusive, the titled to it has vested in him and no procedure could be had to force him to turn the cow upon the range to be shipped as a stray. June 5, 1913
05- 186 The county surveyor not being one of the officers required to keep his office open for the transaction of business every day, and there being nothing in the law making it mandatory upon the county commissioners to furnish him an office, it is descretionary with the board of county commissioners whether they do or do not furnish such office. June 5, 1913
05- 187 County commissioners are constitutional officers, and those holding office when Chap. 72, Laws of 1913, was passed, shall be paid the sum of five dollars per day, and no more, when inspecting any highway or bridge in the county, and the work done thereon. In such cases Sec. 1388, Revised Codes, governs, but in addition to the above sum of five dollars per day they may now claim actual traveling expenses as provided for in Sec. 13 of the new law. June 6, 1913
05- 191 The valuation of all animals condemned and slaughtered by the state veterinarian shall be actual assessed valuation thereof as shown on the last preceding assessment roll of the county; provided, however, that the owner thereof shall not be entitled to compensation therefor unless the same appears as having been assessed for taxation on the assessment roll for the last preceding year. June 7, 1913
05- 193 The provisions of Chap. 90, Laws of 1913, have only to do with livestock confined upon the premises of the person in possession or control of said livestock Under the provisions of Sec. 1888, Revised Codes, the state veterinary surgeon has ample power and authority to compel the dipping of range stock. Certain subdivisions of said section outlines the duty of the livestock sanitary board. June 7, 1913
05- 194 A person desiring to exercise the elective franchise must register at the precinct where he resides, and on election day must exercise his right to vote by voting at such place to the exclusion of any other place. The issuance of the certificate of registration provided for in Sec. 7, Chap. 74, Laws of 1913, not being by law made mandatory upon the county clerk, nor specified in any particular who may be entitled thereto, nor upon what grounds it may be issued, it is the duty of the county clerk to refuse such certificate. June 19, 1913
05- 200 The ownership of land by a county fair association, or the county, for county fair purposes, is not a prerequisite to the levy of a tax, or its use, for county fair purposes. Such tax may be levied as provided for in Chap. 124, Laws 1913, and expended in accordance with the provisions of Secs. 2927 to 2932 inclusive, Revised Codes of Montana, and the act amendatory thereof. June 9, 1913
05- 201 A creamery company may lawfully engage in the business of purchasing cream by establishing cream stations in different towns, provided that in so handling its business it does not enhance the price of cream in one locality so that more will be paid there than in any other locality, less the cost of transportation. The price must be the same at every station it operates, less the actual cost of transportation. "Cost of Transporation" defined. June 9, 1913
05- 203 The purpose of the stallion registration law is to keep unsound stallions out of the State. Affidavits should be taken from persons shipping unsound stallions, giving description of the particular unsoundness. Railroad companies should be notified that they will be held liable if they transport any such unsound animal without the certificate required by Sec. 16, Chap. 108, Laws Eleventh Legislative Assembly. June 9, 1913
05- 204 The provisions of Chap. 88, Laws of 1913, apply as well to school moneys in the hands of the county treasurer as to other funds. June 10, 1913
05- 205 Coal and other mineral rights reserved by the Northern Pacific Railway Company underlying lands deeded by it to purchasers are taxable and should be assessed and taxed to the Railway Company at the full cash value of the property reserved. June 12, 1913
05- 207 The sheriff has jurisdiction in the matter of boarding and housing federal prisoners. The United States should make settlement for the service directly to the county. The sheriff shall be reimbursed for the board of all prisoners (except those confined under civil process) from the county treasury, at the legal rate of fifty cents per day. The difference between said sum and that received from the government belongs to the county. June 14, 1913
05- 210 Public lands acquired by the use of scrip and for which government patent has not been issued, provided such lands have been surveyed and the survey approved by the federal authorities, are taxable by the state. In such cases the grantee or purchaser has done everything required of him to be done and nothing remains save the formal issuance of patent. June 16, 1913
05- 212 It was the intention of the legislature to cause all public moneys deposited so that the same could bear interest excepting such as might be necessary for immediate working purposes, and that no more public money should be kept on hand than enough to meet current expenses for a longer period than three months. All other moneys belonging to the county shall be deposited as provided in the law. June 17, 1913
05- 214 It was the intention of the law passed by the Eleventh Legislative Assembly that the purchaser of state lands which had heretofore been occupied by a lessee should pay the reasonable price of such improvements to said lessee, and this must be done for the further reason that the purchaser bought the land subject to the right of the lessee and the conditions of his lease, and the conditions set forth in the advertisement of the sale. June 17, 1913
05- 216-17 It was not the intention of the legislature that the provisions of Sec. 403, Chap. 76, Laws of 1913, should apply to the consolidation of school districts, but only to the formation of new districts. June 17, 1913
05- 216-18 Wild animals become the subject of private ownership only so far as the people may elect to make them so. The killing of game lawfully does not vest absolute title to it in the killer. The only property right which a person may have in game or fish is such only as is conferred by the legislative enactment; therefore, the sale of deer hides, either in or out of season, is unlawful, and selling of or trafficking in deer hides is unlawful. June 18, 1913
05- 218 When the state board of entomology, by virtue of its powers, decides upon the necessity of quarantine, it is immaterial whether such quarantine is established directly by it or through the instrumentality of another board acting as its agent. Acquiesence in, or non-action by the state board of health in the matter of the rules and regulations prescribed by the state board of entomology is equivalent to approval. June 19, 1913
05- 219 Range stock, as well as other stock, if found running at large in an incorporated city or town contrary to ordinance, may be impounded. It is within the power of an incorporated city or town to make and pass ordinances prohibiting the running at large of horses, etc., and range animals, if found running at large contrary to such ordinance, may be impounded. June 18, 1913
05- 220 Under the provisions of Sec. 9, Chap. 120, Laws of 1913, any person violating the rules and regulations prescribed by the state board of Entomology is deemed guilty of a misdemeanor. The rules and regulations adopted by the board for the eradication and control of Rocky mountain tick fever must be printed and published. The failure or refusal of the owner of a domestic animal to permit its dipping as provided for, may result in a close quarantine thereof, and the said board has power to compel the dipping of all domestic livestock in tick infected districts. June 19, 1913
05- 222 If the proposed change in the boundaries of the new county would be such as to leave a portion of the old county projected into the new county by a narrow strip of territory in such manner as to cause confusion in regard to the boundary lines or jurisdiction, such change would be unreasonable and not within the meaning and intent of the legislature. June 20, 1913
05- 224 As a general rule bonds are not required of deputy assessors. There is a general law relating to the furnishing of bonds by deputies. If such bond is required by the assessor it should be in the form of an official bond, the amount of which may be fixed by the assessor, and should be made payable to the State of Montana. If the bond is a surety bond the charge therefor would be a proper charge against the county. June 20, 1913
05- 225 The state auditor is the superintendent of the fiscal concerns of the state. It is his duty to procure and have printed all state licenses; to sign and furnish same to the state treasurer, charging him therewith. Therefore, the licenses issued by the board of railroad commissioners to boats, pilots and captains of same should be procured through the state treasurer, and such licenses should bear the signature of the state auditor. June 20, 1913
05- 227 When two acts were passed by the legislature, one relating generally to highways and containing among other things a provision regulating the speed of motor vehicles, and the other and later one deals specifically with the subject of motor vehicles and fixes different penalties for certain acts, the latter must be held to govern, especially as the latter act shows that it was intended to be the whole law upon the subject. In view of this it is held that Chapter 73, Laws Thirteenth Session, relating entirely to motor vehicles, repeals that portion of Chapter 72, Laws Thirteenth Session, relating to the same subject.  
05- 228 Conviction of a person for a violation of the law in relation to gambling is not an automatic revocation of the liquor license of such person. June 23, 1913
05- 230 There is no prohibition in the Carey Land Act, or in the spirit thereof, preventing an entryman under the act from assigning his entry for the amount actually expended by him upon his entry, and without any intention to make a profit from his entry. Nor would such an assignment preclude him from making another entry upon the same project. June 25, 1913
05- 231 Chap. 118, Session Laws, Eleventh Legislative Assembly, is "An Act to provide for the distribution to and among the various counties entitled thereto of the money derived from Forest Reserves in the State of Montana under an Act of Congress approved June 30, 1906." The Act of 1906 being a part of the Federal Agricultural Appropriation Bill, and being for a specific purpose: Held, that moneys received by the state under similar later acts of congress, cannot lawfully be distributed under the third section of Chap. 118 of the Session Laws of the Eleventh Legislative Assembly, since that act undertakes to provide a rule for the distribution only of the moneys received by the state under the Act of Congress of 1906. June 26, 1913
05- 235 The state sealer of weights and measures has authority to divide the state into districts and to appoint an inspector whose salary is prorated equally between the counties comprising the district. June 26, 1913
05- 236 A county, acting through its board of commissioners, is not authorized to enter into a contract for the purchase of an existing privately owned bridge conditional upon the bridge being repaired by the owner at a cost approximating $2,200, with the understanding that when so repaired the county will purchase the bridge at a price to be fixed by a board of appraisers appointed in conformity with the provisions of Sec. 1452, Revised Codes, since all contracts for the construction or repair of bridges exceeding $400 must be let to the lowest responsible bidder under Sec. 1, Chap. 9, Eleventh Session Laws. June 28, 1913
05- 240 An Indian of the Crow Tribe who takes part in the transaction of the business of his tribe, and who receives money from the tribal funds, may not vote at general or school elections, and may not hold a notarial commission in this state. June 30, 1913
05- 241 In emergency cases the state board of horticulture may, during the year 1913, use appropriation made for 1914, as a basis for expenditure until same is collected under the tax law, in accordance with Sec. 1943 of the Revised Codes. July 2, 1913
05- 243 An employee engaged by the month must work for the master as is usual and customary in his line of work, not exceeding nine hours a day. Extra compensation for labor performed on a holiday cannot be recovered. July 10, 1913
05- 244 Two or more school districts may be consolidated by annexation between the first day of March and the first day of September following of the same year, notwithstanding that Sec. 403 of the said law prohibits the formation of new districts within the said period. July 14, 1913
05- 245 The law does not authorize the register of state lands to offer for sale state lands in tracts containing less than a quarter section, without first having offered the whole quarter section. July 15, 1913
05- 246 A board of county commissioners cannot lawfully subdivide expenses for general improvements and expend $10,000 for each subdivision. Where the aggregate exceeds $10,000 the question must be submitted to the electors. July 13, 1913
05- 247 The purchaser of an unperfected bounty claim takes nothing by the transfer, and the state is under no obligation to recognize such alleged claim. July 17, 1913
05- 249 The state cannot require the registration of government owned and government operated motor vehicles in the discharge of government business. The state cannot require parties operating vehicles in the government employ to pass examination required by the state. July 22, 1913
05- 250 Under certain conditions electors of district may authorize the issuance of bonds for repair of school house. Authority to expend money in erection of new building does not authorize the use of money for repair of old building. A board of school trustees may issue bonds to redeem outstanding interest bearing warrants for indebtedness to old district. July 23, 1913
05- 253 For general rule, see Opinion to Board of County Commissioners, Thompson Falls, Montana, March 2, 1910. July 25, 1913
05- 254 Chap. 75, Laws 1913, not being essentially a revenue measure, but a general highway law, and the taxes therein authorized being wholly for county purposes, it is not unconstitutional, as being in contravention of Art. V, Sec. 32, Constitution of Montana. The board of county commissioners, therefore, is authorized to levy a tax under it. July 25, 1913
05- 255 The salary of an under sheriff is fixed at $1,500 per annum. A board of county commissioners has no latitude or discretion to increase or diminish such salary. July 26, 1913
05- 256-26 Where final receipts have been issued to entrymen, and the title, except for formal issuance of patent, has passed from the government to the individual, such lands are subject to assessment and taxation. July 26, 1913
05- 256-28 Under provisions of the state constitution, and authority directly given to the board of prison commissioners, the employment of prisoners in the construction of buildings at the state tuberculosis sanitarium is not in violation of any law of this state, but is within the letter and spirit of the laws of the state. July 28, 1913
05- 258 "Clear Lists" or "Certificates" from the commissioner of the general land office, conveying title to the state, have the force and effect of patents, and being the evidence of title in the state, are entitled to record in the office of the clerk and recorder of the county in which the land is situate. July 29, 1913
05- 260 The prosecution of a person who removed mortgaged property prior to March 14, 1913, is not barred by the provisions of Chap. 86, Laws 1913. August 1, 1913
05- 262 Boards of county commissioners have authority to employ additional deputies when under certain circumstances, and may employ the same person as assistant or deputy in various offices for such time as the business of the county may require. August 2, 1913
05- 263 In computing the distance which parents or guardians of census school children petitioning for formation of new school district live, the school house must be regarded as one point and the residence of such parent or guardian the other point. The school house is the center of a circle whose radius is two miles. August 2, 1913
05- 264-4-1 But one registration of motor vehicles by dealers or owners is necessary. Chauffeurs need register but once, and as the law now exists such registration is good for all time. August 4, 1913
05- 264-4-2 The law of 1913 does not repeal, abrogate or limit the authority granted the commission by the law of 1909. August 4, 1913
05- 266 The matter of providing ventilation for a school building is not altogether within the discretion of the school board, but must be conducted in conformity with the state board of health. August 9, 1913
05- 267 A mining company cannot by its method of procedure render itself immune from taxation, as the net proceeds remain the same as though the company pursued the ordinary method. The net proceeds of a mine are subject to taxation. August 9, 1913
05- 268 County commissioners have no authority to construct a bridge within the corporate limits of a city or town. August 11, 1913
05- 270-13 Affidavit of renewal of real estate mortgages must be filed and index record thereof kept in miscellaneous indexes. August 13, 1913
05- 270-15 Under the provisions of Sec. 2205, Chap. 76, Laws of 1913, a teacher connected with any public school is absolutely prohibited from acting as agent or solicitor for the sale of any school books, etc. August 15, 1913
05- 271 Under the provisions of law the text book commission was required to select "basal text books" and "supplementary text books." If a school board use either of such class of books, it is complying with the law. August 15, 1913
05- 272 It is fundamental that in the construction of the statute the true meaning should be ascertained and followed. See Opinion. August 15, 1913
05- 273 If the interstate commerce commission had previously made any ruling on the subject, the railroad commission of Montana would have no authority to order coopering put in cars used for interstate transportation of grain. Otherwise, the ruling of the railroad commission of Montana would be binding until superseded by an order of the interstate commerce commission. August 16, 1913
05- 274 The jurisdiction or power of the state horticultauralist over fruit shipments is limited to making complaint before the proper magistrate. August 19, 1913
05- 275 There is no authority of law whereby a county attorney may employ, upon his own initiative, a stenographer. The expense of a stenographer for doing necessary work is a proper charge against the county, but the hiring is a matter of discretion with the board of commissioners. August 19, 1913
05- 276 The law limiting the number of saloon licenses to one to five hundred inhabitants does not prohibit the issuance of such license to a single person, firm or corporation. August 20, 1913
05- 277-21-1 There is no provision of the statute requiring bounty claims to be presented within any specified time. There is no statute providing for suit under such claim, therefore the question of the statute of limitations would not arise. August 21, 1913
05- 277-21-2 County commissioners have no authority to construct a bridge within the corporate limits of a city or town. August 21, 1913
05- 278 The county commissioners may levy such tax at a special meeting and place it upon the tax books. The provisions of Subdiv. 2 of Sect. 508 of Chap. 72, Session Laws 1913, are mandatory, and no writing having been made, as therein required, no enforceable contract was entered into by the act of a board of school trustees notifying a teacher that she had been employed by them for the ensuing year. August 22, 1913
05- 280 It is not lawful for a city or county treasurer to demand or accept, or a depositary bank to pay more than two and one-half per cent interest on public moneys of the cities or counties deposited in such banks. August 25, 1913
05- 281 The expenses of district judge from January 1, 1913, incurred while upon official business within their districts, and outside of the counties where they reside, are proper charges against the appropriation made by the legislature March, 1913. August 25, 1913
05- 283 The statute not being specific in defining the period of time to be taken into account by the treasurer in estimating the amount of money to withhold from deposit, for current business, the treasurer is generally within his rights in withholding a sufficient amount to pay current expenses of the county for one quarter. And since he may keep the amount estimated by him as necessary for current expenses in any place he sees fit, he cannot be made to account for interest upon it. This privilege, however, cannot be made use of to the profit of the county treasurer. August 25, 1913
05- 285 Par. 13, Sec. 2894, R.C., imposes a duty upon boards of county commissioners to levy annually such taxes as may be necessary to defray the current expenses of counties, including salaries otherwise unprovided for, not exceeding sixteen mills on the dollar of the assessed valuation in any one year, and to levy such taxes as are required to be levied by special or local statutes. Held, that the limitation of sixteen mills applies only to current expenses for county purposes, and that a general levy in excess of sixteen mills for other purposes is lawful. August 26, 1913
05- 287 Under 9709, Revised Codes, an officer who is appointed by the governor to execute process in extradition proceedings is entitled to his expenses, as determined by the state board of examiners, which must be paid by the state. August 27, 1913
05- 288 An inmate of the state orphans' home, under the age of sixteen years, discharged into the custody of a person but not fully and regularly discharged from the institution, became sick and was treated at the Murray hospital: Held, that the charge would be an obligation against the home, and payable as any other medical or hospital bill incurred for the benefit of an inmate. August 28, 1913
05- 290-29-1 The only qualifications necessary to qualify one to sign a petition for a road within a given district are that petitioner be a freeholder of the district, and that his real estate be taxable therein for road purposes. August 29, 1913
05- 290-29-2 The railroad and public service commission has the power to order cars out of service, or changed in such manner as will give adequate service, if upon a hearing it is found that cars now in use are inadequate or dangerous to the traveling public. August 29, 1913
05- 291 County fairs are county institutions and county fair commissioners may properly be considered county officers. In actions against the county fair commission for breach of contract in hiring a band, it would be the duty of the county attorney to defend the commissioners. September 4, 1913
05- 293 Under the provisions of Chap. 68, Session Laws Thirteenth Legislative Assembly, an appropriation of $8,000 for the year ending March 1, 1914, and an appropriation of $6,000 for the year ending March 1, 1915, for the purpose of paying to owners of diseased animals, slaughtered by the state, that portion of liability assumed by the state; the separate appropriations for both years are to be considered as one appropriation for a term and claims for animals slaughtered by the state are to be paid in the order in which they are filed until the entire appropriation is exhausted. September 4, 1913
05- 295 A school district is not intended to be included within the term "state, county or municipal government," therefore the provisions of Sec. 1739, Revised Codes of 1907, do not apply to school districts in the employment of janitors. September 5, 1913
05- 296 A license to a water company is issued for the term of one year and the consideration to be paid therefor is $200: Held, that the term is indivisible and a company doing business for a lesser term must nevertheless secure an annual license and pay therefor the full consideration. September 6, 1913
05- 298 It is the duty of common carriers to notify the state veterinarian of shipments of sheep into this state. Sec. 1 of Chap. 123, Session Laws, Thirteenth Legislative Assembly, makes it the duty of the state veterinarian to inspect all sheep imported into this state, when held for a longer time than necessary to feed them in transit: Held, that it is the duty of the carrier to hold shipments of sheep consigned to points within the state until opportunity is given state veterinarian to inspect same. September 8, 1913
05- 300 Unless there is express statutory provision therefor, teachers cannot be required to pay certificate or diploma registration fees. Under the provisions of Secs. 202 and 905, Chap. 76, Laws of 1913, provision is made for registration of temporary state certificates, and special certificate and fees fixed therefor, and no registration fee is required for any other certificate. September 11. 1913
05- 301 By the provisions of Par. 3, Sec. 800, Chap. 8 of Chap. 76, Laws of 1913, all certificates or diplomas enumerated, before they shall be valid in any county must be registered in the office of the county superintendent. September 12, 1913
05- 302 See Opinion to J.E. Kelly, June 26, 1913. There is not law in force classifying auctioneers license, or requiring fee therefor. Therefore, auctioneers may do business within the state without taking out license therefor. September 12, 1913
05- 303 The owner of trees growing on or near a highway must use reasonable care to prevent the trees becoming dangerous to travelers. Such trees may be cut down by the owner, but such owner is not compelled to remove the stumps. They should be removed at the expense of the county. September 16, 1913
05- 305 See Opinion to Dr. Butler, June 7, 1913. The amount to be paid for horses slaughtered is the full cash value of same as it appears on the 1913 assessment roll, in absence of fraud. September 16, 1913
05- 306 Before the council of an incorporated city or town can levy a tax for street and alley purposes, the collection of such tax levy, the city treasurer not having been authorized, they must determine by resolution the amount of taxes to be levied for the current fiscal year, and certify same to the town treasurer. September 18, 1913
05- 308 By the provisions of Sec. 1805, Revised Codes, 1907, an express company is required to notify stock inspector and obtain duplicate certificate of inspection as required by the act before shipping race horses. Otherwise it is guilty of a misdemeanor. September 18, 1913
05- 309 If a defendant in custody charged with crime desires bail, the justice of the peace is entitled to charge and collect from the defendant one dollar for the services performed by the justice. The rule of law governing in such cases appears to be that the county is not liable for costs made by a defendant. September 22, 1913
05- 311 Where county high schools have been established in any county and a district high school is maintained within such territory, and which has not become fully established as an accredited high school, such district is entitled to a refund of taxes levied and collected therein for high school purposes for the support of county high schools. But when such district high school becomes fully established as an accredited high school, taxes are no longer levied thereon for county high school purposes, hence the source of revenue theretofore available for the support of such district high school is abolished and such district high school must hereafter rely for its support solely upon the general school levy. September 25, 1913
05- 313 The public utilities commission has no power to order a physical connection of two competing telephone companies. September 29, 1913
05- 314 A city or town which has placed itself under a county board of health is not in position to dictate, but is subordinate to that body, and the county health officer has the same authority within the city as he has in the county. The county board, however, should, as far as it can, recognize existing regulations within the city. October 1, 1913
05- 315 When two licenses have been issued in a town or village under the provisions of Sec. 1, Chap. 35, Laws of 1913, and same are still in force, the county commissioners are prohibited from issuing any other licenses. October 3, 1913
05- 316 Clerks of district courts are not required by any law of this state to perform, ex officio, the services of a U.S. commissioner, and therefore any money by them earned in that way belongs to them and not to the county. October 6, 1913
05- 317 The bounty of fifteen dollars for slaughtered wolves should be allowed and paid by the state only where it happens that the wolf has attained the dimensions contained in the opinion, or has reached the age of puberty. October 8, 1913
05- 319 The railroad commission has no authority to make an order requiring railroads to maintain more than one crossing in incorporated cities, villages, or towns of more than three hundred inhabitants. October 11, 1913
05- 320-14 The provisions of Sec. 905, Chap. 76, Laws 1913, apply to second grade certificates issued prior to March 12th, 1913, as well as to those issued subsequent to that date. October 14, 1913
05- 320-16 The selling or giving of liquors to a minor is a violation of the provisions of the statute, whether such minor is acting as agent or principal. October 16, 1913
05- 322 The method of examination mentioned in Sec. 9, Chap. 125, Laws of 1911, are not conclusive as to the sanitarium, nor intended in all cases to be exclusive as to the county. While it is desirable that the certificate of a designated physician be obtained, a failure to procure such certificate will not deprive the sanitarium of authority to receive, examine and treat patients sent by local authorities. October 17, 1913
05- 324 Counties comprising a district are liable for payment of the salary of the inspector of weights and measures, but the expenses of such inspector must be allowed and paid by the state. October 17, 1913
05- 326-23 Before a charge can be made for making a copy of a subpoena, there must be actual service of the subpoena. October 23, 1913
05- 326-24 Under the provisions of Sec. 13, Chap. 72, Laws of 1913, the actual traveling expenses of the county surveyor when in the discharge of his duties is a valid charge against the county. October 24, 1913
05- 328 Sec. 11 of the Enabling Act fixes a limitation upon the quantity of land which may be sold or leased to one person at not to exceed 640 acres; therefore, no person, company or corporation may acquire or hold by assignment more land than the original lease. October 25, 1913
05- 329 Under the provisions of an act of congress giving persons in the forest reserve and national park service authority to make arrests, it follows that such persons are authorized to carry arms. There is no provision conferring upon officers and employees of the reclamation service the power to make arrests, and they are therefore not entitled to carry arms. Superintendents and guardians of military parks, by virtue of their authority to arrest, are entitled to carry arms. October 27, 1913
05- 331 In districts of the third class, where only one member of the board remains in office, the county superintendent may appoint two trustees to fill out the unexpired term without confirmation by the remaining member of the board. October 27, 1913
05- 332 The money received by the old school district from the new school district should be distributed and accedited to the funds chargeable with the payment of such indebtedness, if in the form of outstanding bonds, to the sinking fund created for payment of such bonded indebtedness; if outstanding warrants, into the fund of the old district out of which such warrants are paid. October 29, 1913
05- 334 County's necessity of obtaining examining physician's certificate. The fee of an examining physician must be paid by the person or party employing him, whether the patient or the county. Where the county at its expense sends a patient to the tuberculosis sanitarium, it is not necessary that such patient be examined by "an examining physician," but he may be examined by the regular county physician. October 29, 1913
05- 336 Where a commodity or article of merchandise in a package or container is sold or offered for sale in this state, and same bears a label showing in plain words and figures a correct statement of the net weight, measure or numerical account of its contents, such statement must be deemed to be correct, provided the variation between the statement on the label and the actual contents is no greater than provided for in the act. November 5, 1913
05- 337 The state fire marshal's account is not liable for the fees of witnesses, who testify in investigations held by state fire marshal. November 8, 1913
05- 338 The person for custodian of the G.A.R. records is the party selected therefor, as provided in Chap. 32, Laws 1913. November 10, 1913
05- 342 Facts examined and held that board of equalization did not exceed its jurisdiction in ordering the decrease of the assessment. November 10, 1913
05- 344 Oral contract to convey land is void, but facts do not disclose whether the contract is oral or in writing. The contract and the records relating thereto must determine the liability. Form of action to contest the county suggested. November 11, 1913
05- 345 As a proposition of law, strictly speaking, a woman is not eligible to hold the office of Deputy County Clerk. November 13, 1913
05- 346 Sisters of charity in a hospital, though nurses and engaged in that calling, but making no pretense of being registered nurses, may lawfully pursue their calling without complying with the provisions of Chap. 50, Laws 1913. A hospital which maintains a training school for nurses, having a number of sisters, nurses in such hospital, assisting in teaching in such school, must, in order to be recognized as an accredited school, comply with Rule 10, adopted by the Montana State Board of Examination and Registration for Nurses. November 14, 1913
05- 348 There being an apparent error in the act amending Secs. 2054 and 2055, Revised Codes, the board of county commissioners should authorize the publication of notice at the September meeting, and before adjournment continue the consideration of the letting of contract to a special meeting, or notice it for hearing at the December meeting. November 15, 1913
05- 349 The place which a person selects or designates as his home, or where he votes or exercises the duty of a citizen, will be deemed his domicile or home. The residence of the parents is the residence of the child. If a temporary residence be maintained in a school district, solely for the purpose of securing to the children superior advantages, such children should not be enumerated as residents of that school district. If the residence be maintained for other purposes, the children are to be deemed residents and should be enumerated in the school census. November 15, 1913
05- 352 School trustees can act only when there is express authority for the proposed action, and a school district has no authority to borrow money. School district warrants properly drawn and not paid for want of funds, should be registered by the county treasurer as other warrants are registered. November 21, 1913
05- 353 The words, "Independently operating brakes," can mean but one thing, that is that each of them, where there are two, shall be so effective as to entirely control the car by itself. November 22, 1913
05- 354 It is no part of the duty of a board of county commissioners, nor within the jurisdiction of such boards, to expend public money in the construction or maintenance of a bridge within the incorporated limits of a city or town. November 25, 1913
05- 357 A county free high school cannot spend more than $10,000 for a single purpose without the permission of the electors of the county. Trustees of county free high school can make an order relative to taxation binding upon the succeeding boards, but such board cannot in any one year legally determine the rate of taxation for any succeeding year. November 25, 1913
05- 358 Under the provisions of Chap. 116, Laws of 1913, a liquor license must not be issued to any person not a citizen of the United States. Where a license has been issued by a county treasurer to an alien through mistake he should be formally notified that he is not qualified to hold the license and requested to return it, and should he fail so to do, the license should be revoked. December 3, 1913
05- 359 When all things necessary to be done by the homesteader, as a condition precedent to obtaining title, have been completed, such lands are taxable, otherwise his title is not complete and the land not subject to taxation. December 4, 1913
05- 361 Where property has escaped taxation, the owners should be notified, and if the taxes are not paid within a reasonable time, then the method pointed out by statute for collection should be resorted to, or action instituted, and in such case the penalty added. December 4, 1913
05- 363 There is no way by which a county treasurer may issue a license to sell liquors in quantities of one quart or more. Brewers and manufacturers of malt liquors must pay a license according to the amount of his sales. The only license which can be issued for the sale of spirituous liquors in any quantity, whether of one quart or more, is the regular retail liquor license. December 5, 1913
05- 364 There is no reference made in Chap. 133, Laws 1913, as to the disposition to be made of funds paid by one county to another. In case a part of the indebtedness is because of debts contracted or expenditures made on account of a county high school, then the proportionate share of the moneys paid should be credited to the high school fund. December 5, 1913
05- 366 Where a county is divided and the residence of one of the county commissioners is in the new county, such commissioner cannot hold his office in the new county, unless he has been elected or appointed. December 6, 1913
05- 367 The statute provides for the establishing of a public highway by petition. Boards of county commissioners are absolutely prohibited from incurring any indebtedness or liability for a single purpose in excess of $10,000.00, without the approval of a majority of the electors. Such boards are not authorized by any provision of law to pay for work on roads in advance of its being done. December 8, 1913
05- 370 There is nothing in the law requiring the boundaries of a new school district to be distant tow miles or more from an established school house. December 13, 1913
05- 371 The full period of forty days must elapse before a criminal prosecution may be commenced. Before the offender can be charged with criminal responsibility the wire must be down for thirty days and any notice given before that period had elapsed would not be effective. December 13, 1913
05- 372 The provisions of Sec. 2017, Chap. 76, Laws of 1913, forbid the selling of bonds for less than their par value. It is the duty of the school district to cause to be printed or lithographed, when necessary, the bonds issued by the district. December 13, 1913
05- 373-15-1 There is no statute or act in this state dealing with this subject or prescribing any distance for clearance in the cases mentioned. December 15, 1913
05- 373-15-2 The filing of a copy of contract with the railroad and public service commission, to which such commission is not a party, in no way binds it. December 15, 1913
05- 374 The state board of pardons has no authority to grant commutations of punishment, or pardons, but such power is vested in the governor, the board having only the authority to approve or disapprove of the action taken on such matter by the governor. December 15, 1913
05- 376 It is the duty of the county superintendent to notify the county treasurer of the proper division to make of the funds between an old and new school district. December 16 ,1913
05- 377 The expenses necessarily incurred by the county attorney in the investigation of crime is a proper charge against the county. December 20, 1913
05- 378 The Board of County Commissioners have no authority to appoint one of its members as a member of the board of trustees of a County Free High School. December 20, 1913
05- 379 The county commissioners appointed to fill the vacancy since the enactment of Chapter 3, Session Laws of 1913, is entitled to the increased pay allowed by that act. December 18, 1913
05- 382 Under the provisions of Section 2, Chapter 84, Laws of 1913, the state examiner has power and authority to designate the manner of keeping accounts by county officers, and he may enforce his rules under the provisions of Section 212, Revised Codes of Montana of 1907. December 19, 1913
05- 383 Any person presenting proper credentials and evidence of having pursued nursing as a vocation for five years previous to March 3, 1913, is eligible to take the examination. A person graduating between January 1, 1890, and July 1, 1917, from a training school, connected with a general hospital giving a course of at least two years training, is entitled to registration without examination. January 3, 1914
05- 384 Contract of physician with county construed, and held that the term "medical attendance" includes necessary surgical operations and medicines. Held, further, that mileage or expenses could not be claimed under the contract. January 5, 1914
05- 386 Under a judgment of conviction, sentence was pronounced upon the convict for a term of seven years with a proviso that three years be spent in the Montana state prison and the remainder of the term of four years be by parole under the authority of the state board of prison commissioners. Held, to be a sentence for seven years, and that part which attempted to parole the prisoner after service of three years of the sentence was surplussage, or at most a recommendation for executive clemency. January 5, 1914
05- 390 It is lawful to sell Montana white fish, if legally caught, and lawful to sell game fish of any kind taken from private ponds and lakes artificially created in private lands. January 6, 1913
05- 391 A school district let a contract for the erection of a school building to cost $18,000. Bonds were issued in the sum of $12,000, and warrants for the balance were provided for. Held, that since the district might incur an indebtedness of only $12,332.77, without exceeding the constitutional limitation, warrants could be drawn only against building fund on hand. January 6, 1914
05- 392 It is not lawful for a school district to issue bonds for current expenses, establishing a sinking fund and paying interest on school house bonds. January 6, 1914
05- 393 An agent, not an attorney or deputy, was appointed to the office of the county attorney of Silver Bow County at a salary of $150.00 a month, and after performing service under the appointment filed his claim therefor with the county auditor. Held that the appointment was without the authority of law, and the claim should be disapproved; that if services were necessarily incurred by county attorney in connection with criminal business, arising in the county, the same might be paid for as expenses incidental to the office of the county attorney. January 6, 1914
05- 394 There is nothing in the provisions of Section 1944, as amended by Chapter 113, Laws of 1913, which sanctions the sale of fruit from infested or infected orchards where such sales or shipments have been forbidden by the state board of horticulture. January 6, 1914
05- 395 Under the terms of Chapter 91 Session Laws of the Thirteenth Legislative Assembly, a bounty claimant fulfills the requirements of the law if he presents a written statement from a resident taxpayer in addition to the other proof required in the act, and his is not required to furnish an affidavit by a resident taxpayer. January 6, 1914
05- 396 When a public highway crosses a railroad, the railroad is under the duty of making and maintaining suitable approaches and crossing; and this whether the highway was constructed at a time subsequent to the building of the railroad or not. January 7, 1914
05- 398 A sale of beer as quarts in bottles containing less than a quart, viz. one-fifth gallon, is an unlawful sale in the absence of a label showing the net weight or measure of the contents. January 8, 1914
05- 399 1. Every person who slaughters animals must preserve the hides for inspection as required by law. 2. A butcher who buys only the animal with the hide removed, is not required to keep any record. 3. A butcher who buys a slaughtered animal with the hide thereof, must keep the record in the same manner as if he had himself killed the animal. January 8, 1914
05- 400 Expenses incurred in the examination of private banks should be allowed and paid in the same manner as expenses incurred in other examination. January 8, 1914
05- 401 Where a petition is filed for the creation of a new school district, neither the county superintendent nor the county board has authority to change the boundaries as named in the petition. January 8, 1914
05- 402 An engineer who has been granted a first class license may renew same by accepting a third class license, but upon the expiration of such third class license, he cannot be again granted a first class license without a re-examination satisfactory to the inspector. January 8, 1914
05- 403 It is unlawful for county officers or school trustees to write insurance on county or school district property. January 8, 1914
05- 404 It was the intent of the legislature to limit the transaction of business to the community or particular locality for which the liquor license was issued. January 8, 1914
05- 407 1. Taxes delinquent on property situate in new county should be collected by such new county. 2. In the division of property between an old and new county, public bridges should not be considered as property. January 9, 1914
05- 412-10 The state examiner has no authority to compel a county treasurer to forward money to New York in payment of interest on county bonds. January 10, 1914
05- 412-12 A state bank, orgainzed under the provisions of the laws of this state is prohibited from owning or loaning money upon its own stock, or owning or loaning money upon the stock of other incorporated companies. January 12, 1914
05- 413 There is nothing in Chapter 52, Laws of the Thirteenth Legislative Assembly, which either directly or impliedly, repeals or modifies Section 4340, Revised Codes of Montana, 1907. January 12, 1914
05- 414-12 There is no time provided by the laws of Montana within which claims must be filed against a common carrier, other than that of the statute of limitations. January 12, 1914
05- 414-16 Public highways over state lands should be opened pursuant to Section 32, Chapter 147, Session Laws 1909. Timber on rights of way over state lands belongs to the state. January 16, 1914
05- 415 Free county high school trustees are county officers. County officers must not be interested in any contracts let by them in their official capacity or by any body or board of which they are members. January 16, 1914
05- 417 The comparison of signatures provided for by the law concerning initiative petitions means a comparison with the original registration books, and not with a copy thereof. January 19, 1914
05- 418 It is essential to the formation of a new school district that the petition for its creation contain the names of the parents or guardians of at least ten "census children." "Census children" are only such as have been enumerated and registered. January 22, 1914
05- 419 Where taxes and municipal improvements assessments chargeable against the same property both become delinquent, it is the duty of a county treasurer to segregate the amounts and expose the property for sale for both in a single sale. The county treasurer is ex officio collector of municipal improvement assessments. The county treasurer is not liable to the municipality for improvement assessments until collected by the county treasurer. There is but a single sale contemplated by law for the collection of delinquent taxes. January 25, 1914
05- 422 It is unlawful in this state to own or possess any slot machine built for gaming. January 23, 1914
05- 423-23 The possession of dice by any one is lawful, because not a gambling device, under the provisions of Section 8417, Revised Codes. January 23, 1914
05- 423-24 It is not larceny, under the definitions of that term by the laws of Montana, for a person to issue a check in payment of a past obligation, knowing at the time he issues it that he has no funds to meet it when presented. January 24, 1914
05- 424-26-1 A right of way for ditches over state lands may be granted upon such terms as may be agreed upon. January 26, 1914
05- 424-26-2 But one fee is required for one examination of stallion, and the owner is not liable for the payment of another fee until his horse has been examined. January 26, 1914
05- 425 The holder of a liquor license granted under authority of county board must renew the same at the expiration of the original license, if renewed at all. January 27, 1914
05- 426 The board of county commissioners is not warranted by law in incurring expense by the employment of counsel to advise them respecting official powers, duties or acts; county commissioners may employ counsel in civil cases to which the county is a party; but not in criminal matters. Attorneys employed by commissioners in proper cases should be paid out of the general fund, the amount of such compensation being a matter within the discretion of the board of county commissioners,--the bondsmen of the county attorney are not liable for funds so paid out by the county commissioners. The poor, sick and infirm are defined by Sections 2050, 2060, Revised Codes, Montana, and prescribes that the county commissioners have control thereof. Expenses incurred by a county attorney in transporting prisoners from one jurisdiction to another are not proper charges against the county. January 27, 1914
05- 429 1. When property subject to special improvement tax is sold to the county treasurer and stricken off to the county, the county does not account to the district for the special tax, the county acting only as agent, and pays money over only when it receives it. 2. Where special tax fails in amount, additional tax is necessary. 3. City cannot pay out of general funds, debts of special improvement district. February 3, 1914
05- 432 The county commissioners have authority to send patients to the tuberculosis sanitorium, but county cannot act as a mere agent for the purpose of securing free treatment to patients who are able to pay for the same, but count may reimburse itself from the property of those who are under its care, if it subsequently finds that they have special property. February 3, 1914
05- 433-3 Law makes it the duty of state boiler inspector to inspect boilers of traction engines propelled by gas or oil, but if special apparatus is necessary to such inspection, and no means provided for obtaining same, then inspection cannot be made. Cost of such apparatus is a proper charge against expense account of the offices if funds are sufficient to permit their use for that purpose. February 3, 1914
05- 433-6 A district maintaining high school work, in accordance with Section 2112 of Chapter 76, Laws of 1913, is entitled to its portion of the levy made by the county commissioners for maintenance purposes only; any portion of the levy made by the officials for purposes other than maintenance are not intended to be divided between the county free high school and district maintaining the high school work. February 6, 1914
05- 435 Second paragraph, Sub. C, Sec. 12, Chap. 83, Laws of 1913, wrongly punctuated. Should be comma after word "cream," and law applies to articles of merchandise sold at greater price than ten cents, except milk and cream, and as to those, it applies without regard to price. Labels should not contain words "approximately," but should contain the supposed true contents of the package or container. The law reads into labels the variations it permits. February 7, 1914
05- 436 Physicians in the employ of the federal reclamation service engaged upon projects in this state may treat employees engaged in construction work without a state license to practice medicine. February 9, 1914
05- 437 The law does not confer jurisdiction to arrest and punish Indians for using estray horses on and within the Indian reservation. February 9, 1914
05- 438 The public service law, Chapter 52, Laws of 1913, is applicable only to contracts which were actually in existence at the time of the passage and approval of the act. February 9, 1914
05- 439 The legislature may impose the same restriction upon the manner of carrying on the business of a municipal water works or the rates charged for the services rendered, as fully as it may in the case of purely private corporations engaged in public services. An ordinance passed and adopted without the concurrence of the commission as provided by Chapter 52 of the Session Laws of the Thirteenth Legislative Assembly is void. February 9, 1914
05- 441 The word "general election," as used in Chapter 128 of the Session Laws of the Thirteenth Legislative Assembly, means the general municipal election held in April of each year. February 9, 1914
05- 442 Under the provisions of Chapter 52 of the Session Laws of the Thirteenth Legislative Assembly, and Chapter 136, Session Laws of the Twelfth Legislative Assembly, baggage agents may be carried at reduced rates by railroad companies, without violating the law. Hotel runners are not among those mentioned to whom reduced rates may be made, and therefore cannot be carried at less than the regular rate. February 10, 1914
05- 443 A new county was organized and embraced territory included in a school district which had created a sinking fund to liquidate a bonded indebtedness. Held, the money in such fund should be transferred to the county treasury of the new county. February 11, 1914
05- 444 For marginal release of chattel mortgage or lien, the legal fee is twenty-five cents. For release by separate instrument in writing the legal fee is fifty cents. February 11, 1914
05- 445 The county commissioners have authority to change the course of a stream by altering its course if the purpose be to protect public roads and adjacent taxable property. Whether a contract for the changing of a channel coupled with the repair of a public bridge is a single purpose contract depends upon the test as to whether the one is dependent upon the other. Facts analyzed and held to embrace two independent matters of contract, hence though the total contemplated expenditures may exceed $10,000, the commissioners may let contracts therefor without calling special election. February 13, 1914
05- 447 The qualifications of an elector for an election upon the question of consolidation of school districts are the same as those laid down by Subdiv. 10, Par. D, Sec. 502, Chap. 76, of the Laws of the Thirteenth Legislative Assembly. February 13, 1914
05- 448 Where bonds are outstanding against a school district, and the district is subsequently divided, the bonds are no longer a charge against the new district as such, and such new district may issue bonds not exceeding three per cent of its taxable property. February 13, 1914
05- 449 A father is liable for the support of his minor child after a divorce has been obtained at the suit of the wife, and the custody of the child awarded to her, though no provision was made in the decree for its maintenance. Brazeley v. Forder, 3 Queens Bench, 559. February 13, 1914
05- 450 Fallon County was created December 9, 1913. As the fiscal year begins December 1st and ends November 30th of each year, it is held there was no assessment roll in such county, for the current year, which could be certified by the old county to the new county of Fallon, but that the commissioners of such new county might supply the assessor of the new county with information contained in the assessment books of the old county, at the expense of the new county of Fallon. February 14, 1914
05- 451 Where a commercial company holds a license for the sale of liquor as provided in Section 2759, Revised Codes of Montana, it is not under the necessity of obtaining the $75 license mentioned in Section 2770, Revised Codes of Montana, 1907. Brewing companies dealing in beer not manufactured by themselves, but imported from another state, in quantities of four gallons or more, must pay the $75 license provided for by Section 2770, R.C. February 14, 1914
05- 452 Under the provisions of Section 2921, Revised Codes, the county board may transfer surplus money from one fund to another fund when the interest of the county demand such transfer. February 14, 1914
05- 454-27 Under the provisions of Section 2921, Revised Codes, the county board may transfer surplus moneys from one fund to another fund when the interest of the county demand such transfer. February 27, 1914
05- 454-16 In this state salaries and mileage of county officers are fixed by law and none can be claimed except as authorized by statute. County officers may claim salary only as of the date they qualify and assume the duties of office. February 16, 1914
05- 456 Under the provisions of Section 1490, R.C. of Montana, 1907, it is not the duty of the sheriff to make investigations as to the presence or absence of contagious diseases, this being the duty of the county health officer. The question of the terms of county officers was covered in an opinion found at page 469, Vol. 4, Reports and Official Opinion of the Attorney General, except as to clerks of district courts, which subject is touched upon by this opinion. February 19, 1914
05- 457 There is no exact time provided by the new county act and the school law within which school trustees must requalify, this question being within the discretion of the superintendent of schools of the new county. The mere failure to requalify before notice of a requirement to do so would not of itself work a forfeiture of the office, but a refusal after notice would constitute a forfeiture of the office. February 20, 1914
05- 460 No Indian child of school age is entitled to admission to the public schools of this state unless living under the guardianship of white persons, or unless the parents thereof are citizens of the United States or have taken land in severalty, and severed tribal relations. February 21, 1914
05- 462 A game played upon a pool table, by means of a board containing numbered holes, is not a gambling game, for the reason that the result depends upon the skill of the individual players, and not upon mere chance. February 24, 1914
05- 463 The board of county commissioners is authorized by Chapter 124, Session Laws of the Thirteenth Legislative Assembly, to levy a tax of one mill or less for county fair purposes; the money so raised is exclusively for county fair purposes, and no part thereof may be used for making exhibits at the state fair, other provisions being made by the code for this object. February 25, 1914
05- 465 Boards of county commissioners are clothed with power to purchase necessary real property for the use of the county, but are limited by the provisions of Par. 8, Sec. 2894, R.C. and the procedure there outlined must be followed strictly. February 25, 1914
05- 467 District school funds may not be appropriated by authority of boards of trustees in aid of a building for educational purposes on the state fair grounds. February 25, 1914
05- 468 Banks of deposit and discount, organized under the laws of Montana, are forbidden by Section 3910 to hold stock in any other incorporated company; this bars them from becoming members of federal reserve banks. Trust deposit and security companies, not being directly forbidden by law from owning stock in other corporations, are not debarred from becoming members of federal reserve banks. February 26, 1914
05- 471 If vacancy occurs in office of school trustee of third class district, county superintendent appoints until next annual election, and the successor is then elected for the unexpired term, but if the next annual election is the close of the term of office, then the appointee may hold over when necessary, under Sub. 9, Sec. 502, Chap. 76, Laws of 1913. The term in such cased "regularly" expires. February 27, 1914
05- 472 Sec. 403, Chap. 76, Thirteenth Session Laws, applies only to the time within which new districts may be created and has no reference to the consolidation of existing districts, to joint districts or changing the boundaries of established districts. Where new districts are created, or the boundaries of existing districts are changed, there must remain in the old district at least $15,000.00 of assessable property. February 28, 1914
05- 473 A corporation created and organized under the provisions of Section 3956 et seq. may lawfully transact all business authorized by that chapter. February 28, 1914
05- 474 The State of Montana has never been divested of authority to enforce obedience to its laws in the Glacier National Park, and a license to sell liquor therein must be obtained from the county treasurer prior to the commencement of such business. February 28, 1914
05- 475 The state examiner is vested with authority to examine the affairs of county free high school, in so far as it relates to the finances. February 28, 1914
05- 476 An appeal from an order of the county superintendent creating a new district prior to March 1st may be entertained and passed upon by the county board, after March 1st. March 3, 1914
05- 477 The provisions of Sec. 502, Chap. 76, Laws of 1913, providing that no persons except those nominated at a bona fide public meeting, held ten days previous to the day of election, can be voted for or elected as trustees, in districts of the first class, is unconstitutional as a derogation of the provisions of Sec. 5, Art. III of the Constitution of Montana, guaranteeing that elections shall be free and open. March 2, 1914
05- 479 Meats wrapped for cleaner and more sanitary handling, such as hams and bacon, not being packages in the ordinary sense of the term, and the weight thereof not being under the control of the producer, were not intended to be within the provisions of Chapter 83, Session Laws of 1913. March 3, 1914
05- 481 The provisions of Sec. 1, Chap. 35, Laws of 1913, is a limitation upon the number of liquor licenses which may be issued, and it is immaterial whether they are all issued to one person or to more than one person. The limitation is to the number of licenses, not to the number of dealers. March 6, 1914
05- 482 Stock inspectors are entitled to a fee of $3 for each separate inspection made of horses destined to points out of the state. March 6, 1914
05- 483 Sec. 3052, Revised Codes of Montana, 1907, makes it the duty of the county attorney to appear on behalf of the state in all matters concerning the state arising within his county. March 6, 1914
05- 484 A person drawing a check upon a bank in which he has no funds, in payment for labor performed, cannot be convicted of forgery under Sec. 8632, Revised Codes of Montana, 1907. March 9, 1914
05- 485 Where the new school district does not get any of the school property theretofore owned by the old and new districts, it is not liable for any indebtedness outstanding at the time of its creation. March 10, 1914
05- 486 It is not within the power of the state board of health to destroy or order destroyed property which is not infected, or which is not known to be unsanitary or infected with the germs of disease, nor can such board prohibit the sale of such articles. The board may, however, require reasonable inspection and disinfection of such articles. March 11, 1914
05- 488 Where it appears that mortgages are assigned for the purpose of escaping taxation, the assessor should adopt the procedure outlined by the statute, and upon the fact being made to appear, should assess such mortgages at ten times their value as a penalty. County attorneys in third class counties are entitled to only one deputy as a matter of right, but the number may be increased by the board of county commissioners, if the faithful and prompt discharge of the duties of the office so require. March 13, 1914
05- 490 Roads and highways, no matter how laid out, and irrespective of width, if used by the public generally, may become public highways either by dedication, abandonment to the public or by prescription, in any of which events it would become the duty of the county commissioners to assume and exercise jurisdiction thereover in all respects as they do over highways generally. March 14, 1914
05- 492 Section 1815 of the Revised Codes of Montana requires an inspection and keeping of records at horse sales conducted by any person or corporation or association of persons, and provides a penalty for a violation of the act, and is therefore enforceable. March 16, 1914
05- 493 Real property is taxable in the county where it lies and tangible property is likewise taxable in the county where situated. Intangible property, such as debts owing to the estate, is taxable in the county in which is situated the court in which the probate proceedings relative to the estate are being carried on. March 16, 1914
05- 494 Examination by the state examiner is not a condition precedent to the payment by counties, cities, towns, school districts of the first and second class, banks and loan companies, of the fees provided by law to be paid by them into the state examiner's fund. March 16, 1914
05- 495 Chapter 108, Session Laws of the Thirteenth Legislative Assembly, is inapplicable to women employed as telegraph operators in the offices of railroads engaged in interstate commence, because congress by the act of March 4th, 2907, (34 Stats. At Large, 1415) made a regulation concerning this matter. March 16, 1914
05- 496 A board of county commissioners cannot adjourn regular meetings from time to time to give them an opportunity to examine, settle and allow accounts against the county monthly instead of quarterly, but must consider and examine such accounts at the quarterly meetings, as provided by Sub. 12 of Sec. 2894, R.C. March 18, 1914
05- 499 Under the laws of this state, a female under the age of sixteen years is not capable of consenting to marriage and the consent of parent or guardian is of no avail to make such a marriage valid. March 19, 1914
05- 500 A board of county commissioners of a new county would have no authority to act upon a petition for a highway which had been filed with the board of county commissioners of the old county, and merely transferred to the board of the new county. A new petition must be presented to the board of county commissioners of the new county for a highway. March 19, 1914
05- 502 The day upon which the result of an election for the division of counties is declared, is the date provided for by law on which an accounting shall be had upon the settlement between the old and the new county. March 19, 1914
05- 503 The residence of an unmarried minor child is the residence of the father if living, or of the mother if the father is dead and the mother unmarried. Residence being a matter of the union of act and intenet, the residence of dependent minor children cannot be ascertained until the intent of the parent in whose charge they are, as to her residence, is known. March 20, 1914
05- 504 A road supervisor must be a resident of the road district for which he is appointed, and since no part of a highway within the incorporated limits of a city or town is a county road, or any part of a road district, a person residing within a city or town is not eligible for road supervisor in another and different district. March 23, 1914
05- 505 An elector who changes his residence after registering may not have his name transferred to his new residence unless he makes application therefor to the county clerk within thirty days or more before the election at which he desires to vote is held. March 24, 1914
05- 506 Primary nominating elections are generally elections as contemplated by Sec. 6 of the Act of Congress (Naturalization) of June 29th, 1906, hence no alien should be naturalized within the period of thirty days prior to the holding of such election. March 25, 1914
05- 508 The constitutional provision forbidding the increase or decrease of the salary of an officer during his term does not apply to deputies. Under the provisions of Section 1390, Revised Codes, the board of county commissioners is authorized to establish a road thirty feet wide if petitioned so to do by those interested. March 27, 1914
05- 509 A bank organized under the laws of this state may increase its capital stock without the thirty days notice required by law, if the unanimous consent of all the stockholders is had therefor in writing. March 27, 1914
05- 510 A board of school trustees cannot elect a school house upon land to which the district has no title. There is no provision made in the federal law under which a board of school trustees may get title to a portion of the public domain for the purpose of erecting a school house thereon. March 28, 1914
05- 511 The printing of register lists for city or town elections under the provisions of Sec. 24, Chap. 74, Session Laws of the Thirteenth Legislative Assembly, is not within the term "county printing," as that term is defined by Sec. 2897, Revised Codes. March 28, 1914
05- 512 Common carriers are not required to file with the railroad commission schedules of free or reduced rates for the carrier of exhibits or property of the United States, state or municipal governments mentioned under Chapter 53 of the Session Laws of the Thirteenth Legislative Assembly. March 28, 1914
05- 514 There is nothing in the laws of Montana prohibiting a telephone company from removing its telephone instruments from railway depots upon the refusal of the railway company to pay for the same. March 30, 1914
05- 515 Promotions from the elementary grades to high school grades in district schools are subject to the rules of the state board of education. Boards of trustees of county high schools have exclusive jurisdiction over the entrance requirements of county high schools. Trustees of county high schools may require additional attainments to those required by the state board of education for promotion from the elementary grades to the high school. Boards of trustees of county high schools are not compelled to accept certificates issued in accordance with Sec. 106, Subdiv. 4 of Chap. 76, Session Laws of the Thirteenth Legislative Assembly. March 30, 1914
05- 517 Under the provisions of Section 1936, Revised Codes of Montana, 1907, the power to revoke licenses of nurserymen upon a violation of the provisions of the law concerning the horticulture business in this state, is delegated to the state board of horticulture. March 30, 1914
05- 518 Oil lands upon the public domain are subject to the same rules as entry and patent as placer claims are, under the federal law. They are, therefore, subject to the same laws in regard to taxation, and since a placer claim is taxable only after patent is issued from the government at the price paid therefor to the government, mere oil locations are not taxable even though made previous to the first Monday of March of any year. March 30, 1914
05- 519 The rights of private persons who come into the possession of estrays are defined by Sections 2091 and 5805, Revised Codes. The provisions of Section 1820, Revised Codes, referring to shipments of estray cattle does not confer upon stock inspectors the authority to ship stray cattle being held by private persons under the provisions of Sections 2091 and 5805. April 2, 1914
05- 520 A board of county high school trustees cannot fix the tax levy for their district for a term of successive ears. Other opinions referred to. Any expenditure by a board of high school trustees for buildings amounting to more than $10,000 must be submitted to the electors, whether bonds are necessary or not. The limitation expressed by Section 2111 of Chapter 76, Laws of 1913, goes only to the extent of prohibiting a tax to raise money for purposes for which bonds have been issued. April 2, 1914
05- 522 County clerks may appoint such deputies as are allowed by law; if extra help is needed, the county commissioners have exclusive authority to determine the question, and if the orderly dispatch of business requires it, they may allow additional deputies. April 3, 1914
05- 523 A board of trustees of a district of the third class cannot use funds in their hands for the erection of a school house, unless directed to do so by a majority of the electors of the district, by an election upon the question. April 9, 1914
05- 524 A manufacturer may dispose of his entire product to a single jobber or distribute his output to a number of jobbers of his own choice, so long as he does not discriminate between them. The fact that a retailer is required to purchase from a jobber, and is denied the privilege of purchasing from the manufacturer is not an act of unfair discrimination. April 15, 1914
05- 525 The inheritance tax law imposes a condition upon the right or privilege of taking property by will or by the intestate laws; until the tax is paid, the rights of the heir, devise or legatee are inchoate. Non-residents are subject to the tax. Mortgages have situs at domicile of decedent. April 15, 1914
05- 527 Where a prisoner convicted of crime, and serving sentence, escapes and fleas to a foreign jurisdiction, he should be charged with the commission of crime under Sec. 8222, R.C., and after instituting criminal proceedings pursuant thereto, application for requisition should be made in the usual manner. April 17, 1914
05- 530 A conviction cannot be had under Section 34 of the Corrupt Practice Act, when it appears that the acts complained of were in connection with the candidacy of a person running for the office of mayor in a municipality where no salary is attached to the office. April 23, 1914
05- 531 Under the provisions of Chapter 76 of the Session Laws of 1913, school houses cannot be removed, nor school sites be purchased, sold or located except by a direction of a majority of the electors of a district, in districts of the third class. April 25, 1914
05- 532 Road poll tax is to be paid for by county warrant and not by receipt for road work. Counties are liable for necessary expenses incurred by county attorney in the prosecution of criminal business. County boards of equalization have such powers only as are conferred by statute. A county treasurer was appointed to fill a vacancy and afterwards elected to fill the same office for another term. Held: ineligible for re-election. April 27, 1914
05- 534 Fire insurance companies doing business in this state may not engage in the business of writing insurance on livestock. April 28, 1914
05- 536 Under the provisions of Section 10 of Chapter 50, Session Laws of the Thirteenth Legislative Assembly, any person of the required age, who presents the credentials therein required is entitled to take the examination for a certificate. April 29, 1914
05- 537-29 Under the provisions of Section 2501, Revised Codes,1907, a person is entitled to deduct from his list of credits obligations secured by chattel mortgages executed by him. April 29, 1914
05- 537-4 Before or at the time of beginning to circulate a petition for nomination, a person intending to be a candidate for public office should prepare, sign and file with the proper officer a petition in form as outlined. After filing it is necessary to procure the signatures of at least two per cent of the party vote cast for representative in congress at last preceding general election in at least one-fifth of the voting precincts of the county, for county office, and for each precinct a duplicate petition must be signed by the candidate, following which electors sign. Duplicate petitions may be circulated in different precincts at the same time for the nomination of the person for office, but all must be joined into one petition before being filed. May 4, 1914
05- 540 Under the provisions of Chapter 91, Laws 1913, a person may employ a trapper or wolfer at a fixed salary, and make the affidavit required by the law. But persons not instrumental in having the animals killed cannot make the affidavit and are not entitled to claim bounty. May 7, 1914
05- 542-12 In counties of the seventh class the whole number of deputies allowed the county clerk is one. The board of county commissioners is vested with authority to allow additional deputies when, in its judgment, additional deputies are needed for the faithful and prompt discharge of the duties of an office. May 12, 1914
05- 542-13 A shipment of freight having its initial and terminal points within the state of Montana is interstate commerce if any portion of the route over which it passes lies without the boundaries of this state, and the railroad commission would have no authority to make rates concerning it. May 13, 1914
05- 544 Under the provisions of the statute, the county board has the authority to require that prisoners confined in the county jail be required to labor upon the public roads, and the sheriff being the custodian of the prisoners is liable for escapes. May 13, 1914
05- 545 After an applicant has made application for a lease of state lands in due form, and tendered the first installment of rent and all fees connected with the issuance of such lease, and the same have been accepted by the register of state lands, with the understanding that the lease will issue as soon as it can be made out, the register or board cannot thereafter rescind the agreement or refuse to issue the lease. May 14, 1914
05- 549 No appropriation of public moneys can be made for a longer period than two years. At the expiration of two years the appropriation lapses and there is no longer any appropriation against which a warrant may be drawn. May 15, 1914
05- 550 The money raised by taxation under Chapter 124, Laws 1913, should be paid out of the county treasury only on warrants ordered drawn by the county commissioners. May 18, 1914
05- 551 Notice of election for the issuance of school district bonds examined and held sufficient. May 21, 1914
05- 553 Refunding bonds may be issued by the county commissioners only for certain purposes. No fees are required for filing primary county petitions of candidates. Where a description in the assessment roll is so defective as to render it impossible to identify the property sought to be taxed, and no lien for taxes is created, valid tax deed may not issue. May 27, 1914
05- 555 Signatures of petitions must be procured from precincts as they existed at the last general election, without regard to changes since made, and at least two per cent of the party vote for Congress in the county at the preceding general election is necessary. In each precinct in which signatures are obtained, a separate leaf or sheet is necessary, to be circulated, signed and verified according to law. A candidate must sign his petition, but need not verify same. There must be a separate page for each political party. May 27, 1914
05- 557-2 There is no law in this state prohibiting a Japanese from holding real property, and as this is a matter of statutory regulation, such alien may hold real property until forbidden by express statute. June 2, 1914
05- 557-6 The provisions of Section 1739, Revised Codes relating to hours of labor does not apply to public offices, or public departments, nor to janitors, nor those in charge of the heating plant of school and city buildings. June 6, 1914
05- 558 A person who is not a citizen of the United States but who has a legal residence within the state of Montana may be authorized to act as agent of an insurance company. June 7, 1914
05- 559 A vacancy in the office of state senator exists on the creation of a new county, and such vacancy can be filled only after the issuance of a writ of election by the governor. No authority in law exists for electing a state senator at the special election for the creation of a new county. June 8, 1914
05- 561 Any elector who is a citizen of the United States, and has resided one year in the state and thirty days in the county, is entitled to be registered although he may not have resided six months within the city where he is living at the time of registration. June 9, 1914
05- 562 It is immaterial how or under what circumstances tuberculous animals are shipped into the state, for under existing laws, the authority of the Livestock Sanitary Board in uniform as to native and imported animals. Two classes of animals may be slaughtered: 1. Animals determined to be affected with disease requiring slaughter, and, 2. Animals so exposed to disease as to require their slaughter as a sanitary safeguard. The authority to slaughter is absolute, but in the interests of economy the "Bang System" may be employed in an effort to preserve the offspring of diseased animals. June 9, 1914
05- 564 Under Chapter 57, Laws 1909, no club in any unincorporated place having a population of less than three hundred, has the right to sell or dispense intoxicating liquors, without first obtaining a license therefor. June 10, 1914
05- 565 Unless the service performed in a doctor's office is in the nature of aid to the sick, it cannot be termed following the vocation of nursing as a business, as provided for in Sec. 10, Chap. 50, Laws 1913. June 17, 1914
05- 566 A new party cannot be created by merely nominating candidates designating them as belonging to some party not then existing. June 19, 1914
05- 567 The word "discrimination," as used in the Constitution, is defined by the statute, and the stautory definition governs. Sections 7 and 20, Article XV of the State Constitution are not self-executing, but require action on the part of the legislature in the definition of terms and the fixing of penalties. Freight rates are not illegal, or unreasonable, because the charge for carriage between the same points in opposite directions is not the same. June 24, 1914
05- 570 Under the provisions of Chap. 52, Session Laws of the 13th Legislative Assembly, the Public Service Commission may order a telegraph company to furnish service and open an office in towns through which their lines pass. June 26, 1914
05- 571 Where two or more propositions are submitted to the electors, they should be so stated that votes for or against either proposition may be received. Bonds for general school buildings, and bonds for dormitories, are two propositions. June 27, 1914
05- 572 Public bridges are under the management and control of the Board of County Commissioners. Where it is sought to abandon or remove a public bridge the jurisdiction of the Board is limited and may be exercised only in the method pointed out by Chap. 4, Chap. 72, Laws of the 13th Legislative Assembly for discontinuing highways. June 27, 1914
05- 573 In counties which have been reduced in size by county division, and which therefore contain fewer precincts than formerly, the number of precincts from which signers are obtained upon nomination petitions must be taken and the statutory proportion of the number in the county or district at the date when the petition is circulated. June 30, 1914
05- 574 Persons making verbal representations and application for employment as veterinary surgeons, or veterinary dentists, are practicing veterinary medicine within the meaning of Chap. 83, Session Laws, 1913, and are subject to prosecution thereunder. June 30, 1914
05- 575 It is not necessary for the state to prove or allege the exception named in the law, unless the same is a substantial part of the law, and named in the title. If alienage of defendant is shown to have existed at any time, the burden is on him to prove that he was not an alien at the time of the offense. Chapter 38, Laws of 1913, Known as "Alien Gun Law," is constitutional. July 1, 1914
05- 577 It is within the power and is the duty of the Livestock Sanitary Board, and the Veterinary Surgeon to employ the most efficient and practical means to eradicate and prevent dangerous, contagious, etc., diseases among the livestock of this state. In determining the condition of an animal, it is not necessary to trace the history of the animal as to how or when or by what means it came within the state of Montana, but only to determine its then condition. Attention directed to Chap. 146, Laws 1911, relating to dairy stock. July 3, 1914
05- 579 The law relating to the Initiative and Referendum requires that the signatures upon such petition shall be compared with the Registration books and blanks, for the last preceding election. Therefore, a comparison with a certified typewritten copy would not be a sufficient comparison, nor would a comparison with a new registration list, be sufficient, provided it was possible to make up such a new list. July 7, 1914
05- 580-7 Since Congress has exclusive jurisdiction over navigation whenever it chooses to legislate in relation thereto, the State Railroad Commission has no authority to require inspection or licenses of ferries operating upon navigable streams in this state if such ferries are subject to federal inspection. July 7, 1914
05- 580-9 A person establishing a residence in a county, and who will have been admitted to practice law one year previous to the general election, is qualified to hold the office of county attorney, and to have his name placed upon the primary nominating ballot, by petition. Such a person is not entitled to vote at the primary election. July 9, 1914
05- 582 The provisions of law relating to duties of county assessors are mandatory. The County Assessor must prepare an assessment book, complete it and deliver it to the County Clerk on or before the 2nd Monday in July of each year. Where a new county is created and the assessor has not the full time allotted to assessors in established counties within which to perform his duties and his failure to deliver the assessment roll is unavoidable, the Board of Equalization may make use of the original files and record of the assessr, but the assessor must deliver the assessment book before the 2nd Monday of August, on which day the Board of Equalization must adjourn. July 11, 1914
05- 584 There is no provision of law granting a vacation to any state officer, or for granting him pay while on vacation, or granting him extra pay by his principal or by the Board. It is not within the province of any board to increase or diminish salaries where same have been fixed by law. Where extra duty is placed upon an officer, the law so fixing the duty may grant him extra pay therefor. Whether deputy superintendent is entitled to pay from the state for teaching during the time he is absent from his office, is a matter for the State Board of Examiners to determine from the circumstances of the case. July 14, 1914
05- 585 It is not within the duty or province of the Governor to make appointment of custodian of Grand Army records, under Chap. 32, Laws of 1913. July 15, 1914
05- 586 Supplementary to an opinion rendered by this department under date of April 28th, 1914, it is held that , where livestock is included in the "contents" clause of a fire insurance policy, Fire Insurance Companies may insure the contents of a building so as to cover all things therein which may be the subject of insurance, irrespective of the general prohibition against insuring livestock. July 22, 1914
05- 587 The provisions of Section 26, Chapter 74, Laws of 1913, apply to Primary Nominating Election. July 27, 1914
05- 588 Sheriffs are entitled to mileage only where mileage is allowed them by law; viz: in serving writs, process, orders, notice, or other papers which they are required by law to serve. July 29, 1914
05- 589-5 A vacancy exists in the office of state senator when a new county is created. It is filled by special election. The Constitution provides that the Governor shall issue a writ of election when a vacancy exists. No writ was issued. The Senate however, seated a member elected at a special election: Held, he was elected to office for the term of four years. August 5, 1914
05- 589-31 Upon the state of facts presented, the brewing company, under the provisions of Sec. 2770, Revised Codes of Montana of 1907, is liable for a license tax of $75 per annum. See also opinion of Hon. C.E. Kumpe, August 17, 1911. July 31, 1914
05- 591 The property of Fraternal Societies is subject to taxation, and is not exempt. August 6, 1914
05- 592 The allowance of mileage to county commissioners is for the term of meeting of the Board. A county commissioner is entitled to receive mileage once each way from and to his residence for each session which he attends and no more. August 6, 1914
05- 593 Eight hours constitutes a day's labor on all works or undertakings carried on or aided by the State, County or Municipality; held to include school districts. August 10, 1914
05- 595 In a town having a population of ten people the county commissioners have jurisdiction to entertain an application for a liquor dealer's license, but may not issue it if within territory prohibited by Sec. 8555, Rev. Codes. August 11, 1914
05- 596 The petition for removal of a county seat must be signed by a majority of the ad valorem taxpayers of the county, the current assessment roll being used as a check, lest also it must be ascertained whether the signers of the petition voted as the last general election. August 11, 1914
05- 597 Any person occupying the position of authority over the employee and exercises control over him is the "employer" and comes within the provisions of Section 1739, 1740 R.C. 1907. August 15, 1914
05- 598 A Mortgage is a collateral security depending on outside obligations to secure which it is given. It has situs at the domicile of the owner, and is taxable as solvent credits. August 18, 1914
05- 599 There is no provision in the law requiring open bidding upon the leasing of state lands, such matters being left to the discretion of the court. August 19, 1914
05- 600 A request from a Board of Trustees that a teacher resign is not a sufficient notice to the teacher that his services are not required for the ensuing year, under the terms of Chapter 76, Session Laws of 1913. August 21, 1914
05- 601 It is within the discretion of the Board of School Trustees to close one or more schools in a consolidated district when it appears to them to be for the best interests of the district. August 21, 1914
05- 602 An elector may write in upon his ballot the name of a person for any office. August 22, 1914
05- 603 For the purposes of Chapter 74 of the Session Laws of 1913, the term "general election" means the regular biennial election held in November, according to Sec. 450, Revised Codes of 1907, and persons failing to vote at a primary nominating election are not required to re-register in order to vote at a general election. August 29, 1914
05- 606 A city may sell water to consumers without the city limits if such sales will not interfere with the supply of the inhabitants of the town. September 4, 1914
05- 607-5-1 Chapter 124, Session Laws of the 13th Legislative Assembly, provides for a quarter mill levy for securing, quipping and maintaining a county fair, and the purchase of land for such purpose. Under this section a Board of County Commissioners may raise money for the erection of buildings for county fair purposes. September 5, 1914
05- 607-5-2 When the prizes which may be given by a gum vending machine are unequal, or when it cannot be told at the time a coin is placed therein whether or not any prize will be forthcoming, same is a lottery. September 5, 1914
05- 609 The provision of the state and federal constitution, prohibiting the legislature from passing laws impairing the obligation of contracts, is binding upon the Public Service Commission, and they cannot alter contracts between power companies, or consumers which provided for a continuance for a further period upon the same terms. September 11, 1914
05- 611 Where a candidate for nomination under the primary law is nominated on more than one ticket, his name may be printed on the official general election ballot only once as provided by Sec. 545, R.C. September 16, 1914
05- 612 By party usage and custom political conventions and committees are the sole and exclusive judges of the qualifications of their members and may refuse to seat a person as a delegate who does not possess the necessary qualifications. September 19, 1914
05- 613 The Corrupt Practice Act forbids any person to pay another for the expense of transporting voters to and from the polls. There is also a prohibition against inducing or persuading any voter on election day to vote or refrain from voting for any candidate or the candidates or ticket of any political party or any measure submitted to the people. Facts are considered and it is held that the gratuitous use of automobiles on election day by voters is not unlawful. September 19, 1914
05- 614 It is the duty of the County Clerk to certify the names of each of the persons having the highest number of votes at a primary nominating election, and to notify by mail each person so nominated. The Clerk's duties are purely ministerial. He performs only the functions prescribed by law. He may not refuse to certify and notify a person who has been elected precinct committeeman because such a person may not possess the necessary qualifications September 19, 1914
05- 615 It is the duty of the county clerk to issue a notice of nomination to a person whose name has been written upon the primary nominating ballot by the elector, and who receives the highest number of votes. It is the duty of the county clerk to have such name printed on the official ballot for use at the general election. Vacancies occurring on offices which were in existence at the time of the primary election can be filled by political party or committees, only when cause by removal or death of the nominee. September 19, 1914
05- 617 The County Treasurer has not any authority to receive county warrants or anything but money in payment of either taxes or licenses. September 21, 1914
05- 618 An unsuccessful partisan candidate for nomination may afterwards be nominated by petition as an independent candidate. It is legal for persons who have signed nominating petitions for the primary election to afterwards sign petitions of independent candidates for the same office. September 21, 1914
05- 619 Since there is no means of ascertaining what instruments relating to personal property, would have to be transferred from an old county to a new county, and also because the law makes no provision for the removal of such records, chattel mortgages and articles of incorporation must be transcribed as ordinary records upon the division of a county. September 28, 1914
05- 621 Under the laws of this state officers of banks are prohibited from declaring dividends from any source except from the surplus profits arising from the business. September 20, 1914
05- 623 A railroad commission is without jurisdiction to order warehouses to be built by railway companies for the storage and accumulation of fruit for future shipments. October 2, 1914
05- 625 Whenever the provisions of the primary law relating to nominations for public office cannot be made to apply by reason of extraordinary conditions arising after the time for filing nominating petitions for the regular biennial primary nominating election, and before the ensuing general election, that always in such cases, the provisions of Section 521, 522, 523, 524 and 525, R.C. must be held to govern, also that political committees may fill vacancies as stated in the opinion. October 2, 1914
05- 629 Only one saloon license may be issued for each 500 of population of a town, but two licenses may issue for any town. Where two licenses are in force the County Commissioners are without further jurisdiction. October 2, 1914
05- 630 Where a railroad company has not sufficient traffic to pay operating expenses, keep the road in a safe condition and return a reasonable interest upon the investment, the Railroad Commission has no power to compel operation. October 5, 1914
05- 632 In Primary Election Law, the term "official ballot" is used both as applying to all of the party tickets when combined, and to each party ticket regarded separately. The term "official ballot" without qualifying words means an aggregate of all of the party tickets. In contract for printing "official ballots," the facts must determine whether each party ticket was regarded as a ballot or whether the term "official ballot" was taken to mean the aggregate of all the party tickets. October 6, 1914
05- 634 The powers of investigation granted to the Public Service Commission by the terms of the law creating it, are wholly limited to the purposes of that act, and do not include investigations to determine the value of such companies for the purpose of purchase. October 7, 1914
05- 635 When land leased by the state is taken over by the bondsmen of the lessee, the question as to the ownership of the improvements placed thereon by the lessee, is a question entirely between him and his bondsmen. October 8, 1914
05- 636 There is no provisions of law whereby the county treasurer can insist that special improvement taxes or assessments shall be certified up to him in book form. October 8, 1914
05- 638 Upon the division of a county, the cost of the assessment books certified to by the officers of the old county, is not chargeable to the new county, no authority for such charge being found in the law. October 8, 1914
05- 639 It is the duty of the clerk to declare the candidate who receives the highest number of votes to be the nominee of the party, and to print his name on the official ballot. Where the same person has been nominated by two or more parties, he may elect under which party designation he wished his name to be placed on the ballot, or if he fails so to do, the clerk may elect for him. The same candidate's name cannot be placed on the ballot under more than one party designation. October 8, 1914
05- 640 Fees for filing assignment of chattel mortgage and satisfaction of chattel mortgage, as indicated herein. October 9, 1914
05- 641 There is not any authority of law for charging fee for filing a transcript of judgment entered in one District Court in another District Court. Where a case is transferred, the fee of $5, named in Section 3169, may be charged. October 15, 1914
05- 642 A lien of personal property tax attaches to the real estate owned by the owners of the personal property, and it continues so to attach until the owner of the real estate has been divested of title to the real property. In case of mortgage foreclosure and sale of real estate, title of the mortgagor is divested at the time of the sale of the real estate, and no lien for taxes on the personalty of the mortgagor attaches to the real estate after that time unless there is redemption, but the lien already attached continues until the taxes are paid, or the land sold. October 15, 1914
05- 644 Electors who register before Notary Publics or Justices of the Peace, previous to the day when registration for the next general election is required to be closed, are entitled to have their names entered upon the registers and printed upon the precinct lists. October 15, 1914
05- 645 Corrupt Practice Act, Section 32, prohibits pay for personal services on election day, except to challenge voters and watch official counts, and Section 34 prohibits electioneering on election day, but whether automobiles or other means of conveyance used on election day, are so used as to violate the terms of the act, are questions of fact, rather than of law. The use of any means or convenience by candidates to transport electors to and from the polls is advised against. October 17, 1914
05- 646 Boards of County Commissioners are not authorized by law to dispense with the Board of Viewers provided for by Chap. 72, Laws of 1913; nor are they authorized to perform this work themselves; hence, they are not entitled to fees therefor. October 20, 1914
05- 648 Boards of County Commissioners are dependent upon the terms of the petition when laying out, altering or abandoning roads, and cannot abandon an established road upon a petition for a new one, no part of the old road being within the limits made by the termini of the new road. October 22, 1914
05- 651 It is within the power of the county commissioners to contract for the burial of the poor who die in the county, and such contract may be made with the person who at the time is the county coroner of such county. October 27, 1914
05- 652 Section 2174, Revised Codes of Montana, is not repealed by the provisions of Chapter 147, Session Laws of 1909, and a prior lessee of state lands has a preference right to lease the lands held by him. November 6, 1914
05- 654 Sec. 2864 makes it the duty of the County Clerk of the parent county to certify under oath to the correctness of transcribed records for the use of the new county "and said county clerk shall be entitled to six dollars per day for his time actually spent in comparing the said records to be paid out of the general fund of the county requiring such comparison and certificate." Held: the compensation provided for belongs to the county and not to the clerk, Where additional deputies are necessary then are allowed by the Board of Commissioners and their salaries are fixed by the commissioners. November 18, 1914
05- 656 The clerk of the District Court in a third class county is entitled to one deputy as a matter of right, whose salary is fixed by the Board of County Commissioners at not to exceed the maximum provided for by law. November 18, 1914
05- 657 Where the same person has received the highest number of votes as a candidate for more than one office, it is the duty of the county clerk to issue a certificate of election to him for each of said offices, unless the candidate declines one of the offices prior to the issuance of the certificates. November 18, 1914
05- 658-20-1 The County Clerk and Recorder must register electors during the period between the last general election and the first day of January following. November 20, 1914
05- 658-20-2 Applications made for insurance in a Mutual Fire Insurance Company can not be used as applications for insurance in another company without a formal transfer or endorsement therefor by the applicant. November 20, 1914
05- 659 Where animals are found in this state afflicted with foot and mouth disease, the Veterinary Surgeon may order same destroyed. Interstate shipments that are stopped in transit may be dealt with by state authorities unless federal authorities act. November 21, 1914
05- 661 School trustees are no part of the taxing power. Where the Board County Commissioners exceeds its jurisdiction in making a levy for school purposes, the levy is void and payment under protest need not be made, but injunction may be resorted to whenever the taxing power seeks to enforce collection. November 23, 1914
05- 662 A political agent is one who receives and disburses money in behalf of a candidate upon request or under agreement, and the question of whether one be a political agent is to be determined in the light of the definition given. The only statement required to be given by a candidate is the one required by Sec. II of the Act. There is nothing in the Corrupt Practices Act indicating that a candidate may be held responsible for the Acts of his friends, in aiding his election, unless he knows, counsels, aids or abets acts in violation of the law. November 25, 1914
05- 664 Section 7 of Art. XII of the constitution requires that corporations shall be taxed upon all property owned or used by them, and Section 17 of the same Article forbids the taxation of stocks when the property represented by such stocks is within the state and has been taxed. The taxation of bank stock must therefore, be made upon the difference between the market value of stock and the value thereof due to property in this state, taxed to the corporation. April 24, 1913
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