Attorney General’s Opinions

Volume 06

Page Held Date
06- 2 The provisions of this law requires an engineer to be in attendance at his engine at all times when any workmen are underground. Signal men or top and bottom men are required to be kept at the top and bottom of the shaft at such times as men are being hoisted. December 4, 1914
06- 4 The law relating to the stocking of natural and artificial lakes with fish by private individuals and the right to use a natural lake as a private fish pond construed. December 9, 1914
06- 5 If the act performed by an official is in the discharge of his official duties, no revenue stamp is required. If the act performed by the official is not any part of his official duties necessary in operating the general machinery of the government, the stamp must be affixed. December 9, 1914
06- 6 The State Fire Marshal has no authority to punish for contempt in the course of his investigations, in as much as this is a judicial function, and that portion of Chapter 148 of the Session Laws of 1913, attempting to give the State Fire Marshal such power is void. December 10, 1914
06- 8 If a sheriff requires a bond of the under-sheriff, it comes within the provisions of Section 3 of Chapter 6, Laws of 1911 and the payment of the premium thereon, is a proper charge against the county. December 16, 1914
06- 9 Initiatory Measure No. 8, commonly known as the Farm Loan Bill, is not operative by reason of conflicting with provisions of the state constitution. December 18, 1914
06- 12 Counties are involuntary quasi municipal corporations or civil divisions of the State for the expedient administration of law. Their liabilities are fixed by law, and where the Statute makes no liability, there is none. Officers of the County engaged in enforcing the laws share the county's immunity from suit. December 23, 1914
06- 14 Authority of the Board of County Commissioners to rescind an order made by it, declaring the county to be one of a higher class, considered and discussed. See opinion. December 23, 1914
06- 15 The expenses incurred by the sheriff in enforcing quarantine regulations under orders of the State Veterinarian are a proper charge against the county. December 23, 1914
06- 16 The determination of this question is left to those having more definite knowledge of the subject. December 23, 1914
06- 18 Where tribal relations are not severed, the customs of the tribe regarding marriage and divorce hold good. Where the tribal relation has been severed, or where the marriage of Indians are under the state laws, and such facts are made to appear, the said courts would have jurisdiction to grant divorce upon statutory grounds to Indians. December 29, 1914
06- 19 A member of a Board attending as witness is entitled to witness fees and mileage the same as any other witness. No direct authority of law exists for allowing per diem or expenses to a nurse attending a convention, but conditions may justify such payment. A non-graduate nurse is not entitled as such to take examination after the expiration of two years from the enactment of Chapter 10, Laws 1913. December 30, 1914
06- 20 Since the loan of county credit or funds for the purchase of seed grain would not be for a public purpose, and would if carried to its logical conclusion, amount to a confiscation of property, legislation attempting to give this power to counties, would be unconstitutional. January 4, 1915
06- 23 A joint school district can only be divided by the joint action of the authorities of both counties in which it lies. The division of the school funds in case a joint school district is divided, must be apportioned and divided in accordance with the provisions of the laws outlining the method of procedure of such division. Sections 404 and 405, Chapter 76, Laws of 1913. January 4, 1915
06- 24 Unless the rules or proceedings of the Legislature Decree otherwise, there is no prohibition against the submission of bills to the Governor in typewritten form. January 4, 1915
06- 25 The State Tax Commission has the power and authority to fix the valuation of all property, and the rights of the Assessor are subordinate thereto. The powers of the State Tax Commission may be extended by legislative enactment and no constitutional amendment is necessary. January 7, 1915
06- 27 The clause "as many committee clerks and pages as the Senate (the House) may from time to time, require," contained in Sections 65 and 66, Revised Codes, is repugnant to the provisions of Article V, Section 28, constitution, and void, in that they do not fix the number of officers and employees. January 12, 1915
06- 28 The legislature does not have authority under the Constitution to make an appropriation for animals already slaughtered, unless there was some authority of law at the time for the payment for such animals. January 13, 1915
06- 29 A prisoner who escapes from state prison is entitled to have counsel defend him. If he be without means the court shall appoint counsel. The costs of trial incurred by the county is a proper charge against the state, and should be presented to the Board of Prison Commissioners for approval and settlement. January 14, 1915
06- 31 The County Treasurer when acting as tax collector for cities or towns, has no discretion as to what amount he shall collect, he being bound by the certificate of the city clerk in this matter. January 15, 1915
06- 32 Held that it is within the discretion of the Board of County Commissioners as to whether the expenses of a county superintendent in attending certain teacher's meetings and conventions are a proper charge against the county. January 15, 1915
06- 33 Since the Act of March 2, 1893, was carried forward in our Code, county officers are entitled to receive their pay monthly. January 19, 1915
06- 34 Under the provisions of the Constitution, the State has a right to establish manufacturing plants as part of the penitentiary scheme. If the cost of such plant be not over $100,000.00, it is not necessary to submit the question to a vote of the people. January 21, 1915
06- 35 The County Commissioners have no authority to expend more than ten thousand dollars for any single purpose without first securing the approval of the electors of the county. January 23, 1915
06- 36 The Board of County Commissioners in a proper case may sell lands owned by the county and pay the money into the treasury. The location of the courthouse is a matter within the discretion of the Board of County Commissioners, and they may sell lands previously bought for a courthouse site in cases where they are not bound by some reason to locate the courthouse in a certain place. January 25, 1915
06- 37 A pension system for teachers may be established by law but the provisions of the Constitution are an absolute bar to any state aid to such system. Teachers already employed could not be compelled to submit to such system, nor to support it by payment of assessments. It could be made a condition precedent to employment of teachers in future that they become members. January 26, 1915
06- 39 The division of a county after the levy of a tax for county free high school purposes in the old county is not abrogated by the fact of the county division, and it is the duty of the county treasurer who collects such taxes to pay over to the district high school entitled thereto a proportional share of the moneys collected thereunder in accordance with Chapter 76, Session Laws of 1913. January 28, 1915
06- 42 Under the statutes of this State, the Railroad Commission is without authority to order railroad companies, express companies or telegraph companies to maintain at their expense, telephones in their offices. January 26, 1915
06- 43 The only ways provided by law by which a board of trustees may obtain money are by taxation and the sale of bonds. They can bind the district in no other way, and a note given by them as trustees of the District, is not binding upon the district, and could only be a personal obligation of the trustees. Chap. 76 of the Session Laws of 1913, gives power to boards of trustees to pay back money borrowed by trustees out of the general fund of the district. January 29, 1915
06- 44 The errors shown in the petition for creation of a new county, are such as may be corrected by a minute order of the Board of County Commissioners. The Board is clothed with quasi-judicial powers, and in acting upon petition for creation of new county, has jurisdiction beyond its own county. January 30, 1915
06- 45 Method of Procedure for Withdrawal of Security From Official Bond Considered, and Law Relating Thereto Construed. See Opinion. February 2, 1915
06- 47 The Board of County Commissioners is not disqualified from designating a bank as a depository of county funds by reason of the fact that one of their members is a stockholder and officer in such bank. February 3, 1915
06- 50-3 No officer or state department has any right or authority to waive the payment of any tax. February 3, 1915
06- 50-4 The Railroad Commission of this State has no judicial powers; in cases where it is called upon to act,--it can only determine the question fo the reasonableness of the complain, and if the facts warrant an order, make such order as is provided for in the statute. February 4, 1915
06- 51 The provisions of Sections 8785, Revised Codes, as amended, apply to the sale of beaver skins manufactured into garments. February 4, 1915
06- 52 The State Board of Dental Examiners may exercise its discretion as to the granting of license to those presenting certificates from another state. February 6, 1915
06- 53 The provisions of the State Constitution prohibit the payment of extra compensation to any public officer, servant or employee, agent or contractor, after service shall have been rendered or contract made. Neither can any claim be paid which was contracted for without previous authority of law. February 9, 1915
06- 54 The Governor has the authority to revoke the commission of any Notary Public for any cause he may deem sufficient. February 10, 1915
06- 55 The public statement of the conditions of a state bank must contain a full abstract of the general accounts, resources, liabilities, etc. of the bank. The form of the report may be prescribed by the State Examiner. February 16, 1915
06- 56-17-1 There is not any law requiring a deficiency claim to be filed with the State Auditor prior to the issuance of a warrant in payment of the claim where an appropriation has been made therefor. February 17, 1915
06- 56-17-2 State laws respecting the leasing of state lands must harmonize with the provisions of the Enabling Act, hence, the State Board of Land Commissioners may not lease lands for gas or oil purposes for a term exceeding five years or in greater amount than 640 acres. February 17, 1915
06- 57 The qualification of counties is determined by the Board of County Commissioners at the time provided for by Section 2975, Revised Codes of 1907, and a county once receiving a certain qualification retains it until it is legally and officially ascertained to have changed. February 18, 1915
06- 59 The mere fact that a newspaper has been published in a county for six months prior to the awarding of contract does not of itself entitle the newspaper to the contract. The Board of Commissioners is clothed with discretionary powers and may let the contract to some other newspaper in the county. February 18, 1915
06- 60 The State Examiner has not the legal right of access to the cash or bank accounts of county officers for the purpose of counting the same. N.B. Since the foregoing opinion was rendered the power has been conferred by Chapter 84, Laws of 1915. February 19, 1915
06- 62 The Railroad Commission has power under Chapter 65 of the Session Laws of the Thirteenth Legislative Assembly to order highway crossings over railroads only in unincorporated communities, whether such communities have more or less than three hundred inhabitants. February 19, 1915
06- 64 Legal status of the different state educational institutions in case of repeal of Chapter 92, Session Laws of 1913, and the failure to enact other legislation, considered and determined. February 25, 1915
06- 67 A law which has been repealed cannot be amended or revived except by specific enactment. No purpose could be served by the approval of a Bill attempting to amend a law which had been previously repealed. Where the Enabling Act grants lands for the establishment of a State Reform School, the right of such institution to share in the income from the ground is not jeopardized by a mere change in name. March 9, 1915
06- 68 The number of deputies allowed to the sheriff or other officers within the maximum number named by law is within the discretion of the Board of County Commissioners. March 10, 1915
06- 71 Law relating to State Board of Examiners for nurses considered and construed. No distinction is made between residence and non-residence, but the party to whom a certificate is issued must record the same in the county of his residence within the time required by law. The board has authority to make rules respecting return to the applicant of the registration fee in case of failure of applicant to pass examination. March 11, 1915
06- 72 House Bill No. 6, Fourteenth Legislative Assembly, et seq. with reference to payment of State Arid Land Grant Warrants. March 12, 1915
06- 74 Moneys voluntarily paid for liquor licenses which were beyond the authority of the county commissioners to issue, cannot be refunded. March 12, 1915
06- 76 The lease of a building for any purpose except dwelling house, does not carry with it a warranty that the property is suitable for the purposes for which leased. The rule of caveat emptor applies. By the lease of a building, everything which belongs to it, and which is reasonably essential to its enjoyment, passes as incidental to the principle thing. March 13, 1915
06- 77 The expenditure of money for the purchase of seed grain to supply needy persons under the provisions of House Bill No. 107 of the Fourteenth Legislative Assembly is a single purpose within the limitation of Section 5, Article XIII of the Constitution. March 13, 1915
06- 78 A person appointed to fill a vacancy in the office of school trustee holds only until the next general election, and cannot legally hold over except by tolerance of the electors. Where a district is raised from third to second class, the electors may elect to fill all vacancies occurring in the office of school trustee whether such vacancies are occasioned by expiration of the regular term or of the term of one appointed to fill a vacancy. March 15, 1915
06- 80 The maximum levy for common school purposes is, four mills general, and ten mills special; for county high school purposes, ten mills. Necessary levies may be made to pay interest upon and to redeem bonds. March 15, 1915
06- 81 The purpose of H.B. 153, (Chap. 26, Laws 1915), relating to the distribution of Forest Reserve moneys is to provide a method of distribution to and among the several counties entitled thereto of the moneys received from the Federal Government in conformity with the Federal laws on the subject, and to correct errors made in former distributions made by the State. March 15, 1915
06- 82 Indemnity selections or lieu lands made by railroads are not subject to taxation until the selection made by the railroad company has been approved by the United States Land Office. March 16, 1915
06- 84 Under the provisions of Sec. 2063, Revised Codes, and decisions in cases cited in opinion, the board of county commissioners has power to purchase, improve and keep in repair a tract of land, not exceeding 160 acres, to be known as a poor farm, and the right to issue bonds for such purpose. March 16, 1915
06- 86 The authority of the Governor to veto an item, or part of an item in an appropriation bill considered and discussed. March 17, 1915
06- 89 The various laws of the State relating to the term of sentence of a convict in the State Prison, and the method of ascertaining the term, right to parole, construed. See opinion. March 20, 1915
06- 92 Under the law it is necessary for women when applying to be registered to state their correct ages. March 20, 1915
06- 94 Under the facts herein stated A having surrendered his liquor license, and thereafter again applied for a license, which was granted by the Board of County Commissioners, the action of the Board was void for want of jurisdiction. The persons to whom A transferred said licenses have no greater or better right therein than A, therefore, actions should be instituted to revoke said licenses and to prevent the conduct of an unlawful business. March 20, 1915
06- 96 A person appointed to fill a vacancy in the office of school district trustee holds only until the next general election. If he is permitted to hold over, the electors may at the succeeding election elect someone to fill the vacancy for the unexpired term. A school trustee appointed to fill a vacancy who is permitted to hold over after a general election is an officer de facto. March 22, 1915
06- 97 Under existing laws it is competent for the State Board of Health to co-operate with the State Dairy Commissioner in carrying out the provisions of existing laws relating to both. It is unlawful to carry on a dairy business in this state without a license from the State Board of Health. March 23, 1915
06- 99 Moneys in the general school fund may not be expended for purposes other than that for which the tax was levied. Ample means are provided for raising money for building and furnishing school houses. Action of Trustees may be ratified, and general fund made whole. March 25, 1915
06- 100 The provisions of Senate Bill 45, Chapter 139, Laws of 1915, relating to the transcribing of records from the old to the new county do not apply where the election for the creation of the new county was held prior to the passage of said bill. March 26, 1915
06- 102 Under the provisions of Section 2622, after taxes become delinquent, the county treasurer must collect for the use of the county an additional ten per cent; after publication of delinquent list and before sale, an additional fifty cents on each parcel assessed, and after sale, in addition to the above sums, one per cent per month from date of sale until property is redeemed. Except on person property, a redemptioner is not required to pay interest on taxes between the time of delinquency and date of sale. March 26, 1915
06- 103 Under the provisions of Senate Bill No. 63, passed by the Fourteenth Legislative Assembly, saloons are required to close in all places in Montana at ten o'clock P.M. on Saturday, except within one mile of the corporate limits of cities of the first class, and remain closed until one o'clock P.M. of the Sunday following. Within the excepted area, saloons need not close until twelve P.M. March 27, 1915
06- 104 A State Bank may increase its capital stock by complying with the provisions of Section 3894, Revised Codes, although the special banking law makes no mention of increase of capital stock of a bank. March 30, 1915
06- 106 The public service commission has power to determine the reasonableness of any rule of a water company requiring service or meter charges in addition to the regular water rate charged consumers, unless specific authority for such charge is given to such utilities by express provision of law or franchise. March 31, 1915
06- 109 It is the duty of the Clerks of the District Court to account to the county for moneys received by them in naturalization proceedings. April 1, 1915
06- 112 Where territory including a school district is attached to another county, the school moneys in the county treasury belonging to the district should be transferred to the treasury to which the territory is attached and placed to the credit of such school district. April 3, 1915
06- 113 Under the provisions of Chapter 18 of the Session Laws of the Thirteenth Legislative Assembly, it is the duty of railroad companies to put in and maintain crossings where public highways established by boards of county commissioners cross such railroads. April 3, 1915
06- 114 The issuing of temporary licenses to veterinary surgeons who have not passed a successful examination is a matter within the discretion of the Board of Veterinary Examiners. April 3, 1915
06- 115 House Bill 287 (Laws 1915, Chap. 122) is an Act entitled "An Act to amend Chapter 113 of the laws of 1911, relating to the registration of electors in counties, cities, towns and school district." The chapter referred to was amended by Chapter 74, Laws of 1913, which chapter is not mentioned in the new law. Held: The new law may be sustained as an original enactment, or as an amendatory statute. April 9, 1915
06- 118 Under the laws relating to the Railroad and Public Service commission, the State Examiner, the Bureau of Child and Animal Protection, the Auditor is authorized to draw warrants for the salaries of accountants, engineers and clerks. The State Dairy and State Parole Commission are not allowed clerks and stenographers, except upon authorization of the State Board of Examiners. April 9, 1915
06- 120 It is not necessary that a bank acquiring real estate prior to the enactment of March 6, 1915, to dispose of the amount it holds in excess of what it might acquire under the latter Act. Strict construction of banking act requires money capital to be paid in cash, but the payment of the capital and the acquisition of the real estate may be simultaneous where reports made to examiner show that capital has been fully paid, and deed shows that consideration for real estate has been paid, examiner is not required to go beyond the reports to ascertain whether money was actually deposited and then immediately withdrawn to pay for the real estate. April 10, 1915
06- 121 Under the closing laws now in force, every room or place where intoxicating liquors are dispensed must be closed during the hours prescribed by law, irrespective of the fact that such rooms or places are used for restaurant or other purposes. April 10, 1915
06- 123 It is not necessary to the validity of a school district bond that the same be printed or lithographed, but the same may be typewritten or written with a pen. April 12, 1915
06- 124 A city may be classified by either the federal or state census, or by a census taken under authority of an order of the city council. April 12, 1915
06- 125 The Clerk of District Court has a right to retain fees received by him in transacting land business under the laws of the United States. April 12, 1915
06- 126 The expenses of the State Grain Inspection Department are to be paid from the Grain Inspection Fund created by Senate Bill No. 89 of the Fourteenth Legislative Assembly, so far as the same are sufficient. April 14, 1915
06- 128 The class of a county is determined by the Board of County Commissioners, and their determination is presumed correct. The State Auditor has no authority to receive other evidence than the certificate made by the chairman of the Board of County Commissioners. April 14, 1915
06- 129 Where an unincorporated town has its full quotia of saloons under House Bill No. 291, of the Fourteenth Legislative Assembly, hotels having more than twenty rooms are not entitled to a license. April 15, 1915
06- 130 To criminally prosecute the owner of a mare served by a stallion, the owner of the stallion must have a separate lien on record for each mare served. April 15, 1915
06- 131 Since Senate Bill No. 63 is a special enactment applying to a specified period during the week, the terms of that law must be held to amend Senate Bill No. 62, wherever inconsistent, and Senate Bill No. 63 is not bad because its title does not prescribe the exact time when saloons shall be closed. April 17, 1915
06- 132 The statute relating to the inspection of stock used by the United States in government business, examined and construed. April 20, 1915
06- 133 Under the terms of Chapter 120, Session Laws of the Thirteenth Legislative Assembly, the State Board of Entomology is authorized to spend $2,000 of the appropriation for their work in employing a chemist to examine city water. April 20, 1915
06- 134 A married woman applying for registration may give her own Christian name, or may use the initial of her husband's name, prefixing the title "Mrs." or "Mistress." April 29, 1915
06- 136 Sufficiency of petition under Section 2041, Revised Codes, relating to local option, construed. April 29, 1915
06- 137 The Board of School Trustees when the same is necessary for the welfare of the children, has authority to erect sheds for the care of animals necessarily used by the children in attendance upon the school. April 30, 1915
06- 138-30 Children of citizens of the United States who are residents and taxpayers of the district, and not wards of the government of the United States, have the right as a matter of law to attend the public schools of their district. April 30, 1915
06- 138-1 Where an insurance company has made overpayments, it is within the power of the auditor to allow the company credit for such overpayment, provided the same does not violate rules established by the department, or conflict with examinations made by the State Examiner. May 1, 1915
06- 140 The indeterminate sentence law does not change existing laws respecting punishment for crime; its object being only to provide for the parole of a convict after he has served a part of his sentence. The term is the maximum time fixed in the verdict or judgment. May 3, 1915
06- 141 Registration of electors is necessary for the first election of officers after the incorporation of a city or town, but special registration therefor is not necessary, notwithstanding the precinct boundaries do not conform to the exterior boundaries of the new municipality. May 4, 1915
06- 142 Social clubs are required to comply with the law relating to opening and closing. May 4, 1915
06- 143 In case of division of a county, the records are transcribed under contract. Section 11, Chapter 133, Laws of 1913, as to Prairie county, must govern. May 4, 1915
06- 144 Where a school board has failed to give the teacher notice within the meaning of Section 801, Chapter 76, Laws of 1913, the old contract continues in its entirety. Where a sinking fund has been accumulated for the payment of outstanding bonds in a school district, and the district is subsequently divided, the sinking fund remains to the credit of the old district, and is not subject to division. May 5, 1915
06- 145-5 Where a by-law conflicts with the statute, the by-law is void. Where the statute specifically provides how and when an act shall be done, a by-law is unnecessary. May 5, 1915
06- 145-7 The liability of the county, under Chapter 86, Laws of 1915, must be determined by the question of fact as to whether the applicant is a bona fide resident of the county within the meaning of the Act. May 7, 1915
06- 146 A social club is not required to procure a license to operate billiard, pool or bagatelle tables. May 8, 1915
06- 147 The law relating to boundaries of election precincts, and conformation thereof to ward and city lines, considered and construed. May 10, 1915
06- 148 Necessary office furniture, stationery and other supplies, including rental of necessary temporary quarters for purpose of holding sessions of the Industrial Accident Board, must be paid for from the Industrial Administration Fund upon claims properly audited, allowed and approved. May 10, 1915
06- 149-11 Taxes may not be levied upon lands settled on under the Carey Land Act until such time as the State is entitled to patent therefor. May 11, 1915
06- 149-14 The trustees of county free high school and trustees of school district have authority to contract for the use of building for county free high school. May 14, 1915
06- 150 When meat is sold not at a fixed place of business, the seller should carry the hide with him to expose to the purchaser of the meat. May 15, 1915
06- 151 The penalties prescribed in Chapter 68. Laws of 1915, for violating the closing law of saloons, are exclusive, and Section 2757, Revised Codes is to the extent amended. May 15, 1915
06- 152 For the reason that the language "during his term of office" refers to the incumbent, rather than to the term for which he was elected, a person appointed to fill a vacancy in the office of Attorney General at this time is entitled to the salary of $4,500 per year, as prescribed by the Act of the last legislature. May 15, 1915
06- 154 The question as to whether a laborer would have any right to compensation, if while working, he should contract blood poisoning from causes received while actually engaged in work presents a moot question, and will not be decided in the absence of a statement of the facts. May 19, 1915
06- 155 Under the provisions of the Workman's Compensation Act, payment of compensation to an injured employee begins at the expiration of two weeks from the time the injury occurred, but in the meantime the injured employee is entitled to Hospital and Medical services. Any Employer of labor engaged in hazardous pursuits may become subject to the Act irrespective of the number of employees. School Districts are not subject to the provisions of this Act. May 19, 1915
06- 158 The Board of School Trustees does not have authority, under their own supervision, to construct a school house, but must let the same by contract. May 19, 1915
06- 159-24-1 Where school has been closed and notice given for the purpose of enabling teacher to attend institute, and she fails to attend the institute, she is not entitled to salary during such time. May 24, 1915
06- 159-24-2 Upon the failure of licensed members of the dental profession to pay annual dues within the time provided by law after due notice, the Board should revoke the license of delinquent members. May 24, 1915
06- 160 Where the money raised by taxation and otherwise as authorized by law, is insufficient to enable the school district to maintain its school and furnish supplies, etc., the law requiring these things to be done becomes of necessity inoperative. May 25, 1915
06- 161 Under the provisions of Chapter 91, Laws of 1914, any person having an interest in real estate whether as owner or lienor, may relieve the separate parcels of such real estate from the tax levy by paying the real property tax thereon, together with a computed and apportioned part of any personal property tax which may be a lien on all the property of the owner. May 25, 1915
06- 162 Section 2112, Chapter 76, Laws of 1913, relating to refund of taxes to school districts maintaining a high school, considered and construed. May 28, 1915
06- 164 The form of ballot used at an election in a school district of the third class is immaterial, provided, that the intention of the elector may be gathered therefrom. It is error to reject a ballot because the designation of the term is written after the name of the candidate thereon. May 29, 1915
06- 168-2-1 The wolf referred to in the Bounty Law is the "Canis Lupus." The "Brush Wolf", so called, belongs to the "Canis Latrans," or Coyote family. Unless such animals are classified as coyotes, the State is not liable for the payment of bounty claims upon certificates issued for the killing of such animals. June 2, 1915
06- 168-2-2 The fund created by the Teachers' Retirement Act may be drawn upon for the payment of expenses to give full operation to the Act. June 2, 1915
06- 170 The only method of determining the number of inhabitants residing within a certain area is by actual count. Section 8576, Revised Codes, prohibits boxing, wrestling, slugging matches, etc., and such action has not been repealed nor amended. June 3, 1915
06- 171 The first payment made into the Industrial Accident Fund must be made upon actual pay-rolls for the months of April, May and June of 1915. June 2, 1915
06- 172 The county commissioners do not have authority to materially change plans and specifications for public buildings after bids have been received therefor, without resubmitting same to the bidder, or giving opportunity for bids to be received thereon. June 5, 1915
06- 174 A Board of County Commissioners is prohibited from employing one of their number as a road builder for the county. June 9, 1915
06- 175 The State Board of Stock Commissioners is not vested with authority to grant pensions or make donations out of any public money. June 10, 1915
06- 176 In view of the silence of the law upon the subject of ascertaining the average daily wages of employees who work at piece work, tonnage or means other than a fixed daily stipend, arbitrary rules for determining the question must be adopted. Subject considered and rules of guidance in such cases laid down and recommended for adoption by the Board. June 11, 1915
06- 178 The word "employee" is defined in Section 6 (j) of the Compensation Act, and is shown in the opinion. June 16, 1915
06- 179 Where a contractor is engaged in public work, the terms, conditions and provisions of Compensation Plan No. 3 are exclusive, compulsory and obligatory upon both the contractor and employees. By entering upon public work he automatically becomes bound by the provisions of Plan No. 3 by operation of law. The law makes no distinction between sub-contractors and principal contractors. June 16, 1915
06- 180 The assessed value of the real property is the value to be deducted by insurance companies organized under the laws of the state in computing the taxable property of such companies. June 17, 1915
06- 181 The facts of the case presented. Held: to constitute a legal meeting of the Board. June 17, 1915
06- 182 An insane person domiciled in a foreign state may not be received for treatment in this state unless he became insane within this state. June 18, 1915
06- 183 The provisions of Chapter 117 of the Session Laws of 1911, contain a list of fees which properly may be charged by a county clerk and recorder and theses fees apply indiscriminately to all counties without regard to classification thereof. June 18, 1915
06- 184 Indian reservations are not within the jurisdiction of state stock inspectors, and estrays found thereon are exclusively within the jurisdiction of the Indian agent or inspector, in charge of the reservation. June 23, 1915
06- 185 A Justice of the Peace has no right to draw any papers by which an action or proceeding in court may be set in motion. June 23, 1915
06- 186 Refunding bonds may be issued by counties only for the purpose of redeeming valid, legal, outstanding, unredeemed and unpaid bonds, warrants and orders of the county, and not for the purpose of providing for a contingent liability. June 25, 1915
06- 187 Photographs may be taken of persons accused of crime for the purpose of identification, provided no force is used in obtaining them, and provided, further, that they are not published to the injury of accused previous to his actual conviction of crime. June 25, 1915
06- 190 Where a penalty is collected under the provisions of Section 2780 for doing business without a license, the same should be accounted for and disposed of as a part of the money received for the license. June 26, 1915
06- 191 The law intends that but one deputy registrar shall be appointed in districts having no Justice of the Peace or Notary Public resident therein. June 28, 1915
06- 193 The workmen's compensation law is distinctively an elective measure. Public corporations may elect to become bound by its terms in which event they must submit to the provisions of plan No. 3. June 29, 1915
06- 194 A petition for local option is only required to contain the names of one-third of the taxpaying voters of the county. June 29, 1915
06- 196 Counties in this state have no authority to become bound by the provisions of the Workmen's Compensation Act. June 30, 1915
06- 198 Employers, whose laborers are not engaged in undertakings, as defined in the compensation laws, are not estopped to plead the common law defenses in actions brought for the purpose of recovering damages by workmen injured while engaged in such non-hazardous pursuits. June 30, 1915
06- 199 All bridges upon the public highway of the state are to be maintained by the county at large, and no distinction can be made between those put in previous to 1903, and those of later date. June 30, 1915
06- 201 County Clerks are not authorized to keep their records in loose leaf books, the law requiring that such records be made in a well bound book. June 30, 1915
06- 202 Under the terms of Chapter 148, Session Laws of 1915, the monthly meeting of the Board of County Commissioners is discretionary with them, except in the cases required by law to meet for specific purposes. July 6, 1915
06- 203 Held: That where a portion of Powell County was transferred to Missoula County, the taxes for the year 1915 upon the property transferred from Powell County to Missoula County should be collected and belong to Missoula County. July 8, 1915
06- 205 Where a school district has floated a bond issue and no sinking fund is provided to retire the issue, the County Treasurer is without authority to set aside, from a special tax levied in the district, any thereof to redeem the bonds. July 12, 1915
06- 206 Such of the employments enumerated in Section 4(b), 4(c), 4(d) and 4(e) of the Compensation Act are hazardous as a matter of law. The legislature by the enactment of Section 5 recognized that occupations other than those mentioned specifically are, or may become hazardous. When, therefore, an application is made by an employer to become bound by the provisions of plan No 1 or plan No. 2, and the works or occupation in which he employs labor are not such as are hazardous as a matter of law, the Board has the inherent power to determine the facts. July 12, 1915
06- 208 Under the law of this state fourth class land, as described in the Constitution, must be actually platted prior to sale. July 14, 1915
06- 209-15-1 In remonstrance against the issuance of a retail liquor license, the term "freeholder" is construed as applied to one who has filed upon government lands. One holding the fee to lands encumbered by liens and mortgages is a "freeholder" and qualified to sign a remonstrance petition. July 15, 1915
06- 209-15-2 Under the provisions of Section 8346, the question as to whether a parent has deserted the child, is wholly one of fact. The mere leaving of the family is not necessarily desertion; nor does the fact that after leaving, the parent made a payment necessarily deprive the act of being a desertion. July 15, 1915
06- 211 The State Board of Pharmacy is vested with authority to hold adjourned meetings. July 15, 1915
06- 212 Under the laws of this state two primary elections must be held in presidential years; one for state and county officers on the seventieth day preceding the general election; and one for president, vice-president, delegates to presidential conventions and presidential electors on the forty-fifth day before the first Monday in June of such presidential year. July 20, 1915
06- 214 Chapter 86 of the Session Laws of the Fourteenth Legislative Assembly construed herein. July 21, 1915
06- 216 Where a bank was incorporated prior to the enactment of Chapter 89, Laws of 1915, but had not been authorized to do banking business prior to that time, the issuance of certificate of authority is within the discretion of the Superintendent of Banks. July 28, 1915
06- 219 Chapter 31, Laws of 1915, authorizes the assessor to deduct from the value of shares of stock in a banking corporation the assessed value of real estate owned by the bank. This is mandatory, and the assessor must make the deduction of the assessed valuation without regard to the amount which the bank paid for the real estate. July 29, 1915
06- 220 Under the provisions of Section 209, Revised Codes, the State Examiner has authority to examine the dockets of Justices of the Peace. July 30, 1915
06- 221 Whenever it is found necessary to hold an extra session of the Board of County Commissioners, five days notice thereof must be given. July 30, 1915
06- 222 1. Rule announced for computing the compensation to be allowed to injured workmen; 2. The period of compensation begins after the expiration of the second week, or on the fifteenth day following an injury. 3. Members of a volunteer fire brigade are not subject to the provisions of the law; 4. "Hoboes" serving sentence who are forced to work on municipal streets are not subject to the law; 5. Policemen are not subject to the law; 6. Merchants dealing in dry goods are not subject to the law, but in concert with their employees may become bound under classification 27. 7. The jurisdiction of the Industrial Accident Board does not extend over Glacier National Park; 8. Contractors on public work may only become bound under plan No. 3. August 3, 1915
06- 225 A special election to change a school house site may be held at any time and as often as a proper petition is presented therefor. A telephone company doing business in a town of more than one thousand and less than five thousand population is subject to pay an annual license fee of $100. August 6, 1915
06- 227 It is within the power of the state to regulate ferries even though they be upon navigable streams, and the railroad commission has the power to impose regulations on the captains or masters of such boats. August 7, 1915
06- 229 Where a county was organized after all proceedings for the assessment and collection of the current taxes was completed, the jury commission was held to be justified in choosing the panel from the assessment list made up by the county assessor of the new county for the year in which the jury was chosen. August 10, 1915
06- 231 The boundaries of joint school districts may not be changed except by the concurrent action of the authorities of both counties. The boundaries of any school district may not be changed so as to leave less than ten school census children therein. August 11, 1915
06- 232 Under the terms of Chapter 50, Session Laws of the Thirteenth Legislative Assembly, persons not coming within the classification named in Section 10, must take an examination before being registered. The authority given the governor to issue certificates to persons registered under the law, of other states will expire July 1, 1917. After July 1, 1917, all applicants will be required to conform to the requirements of Section 9. The enforcement of the provisions of this law are left in the hands of the ordinary prosecuting officers. August 11, 1915
06- 234 Under the law of this state, it is not within the power of city authorities to invest moneys in a sinking fund in the improvement district warrants drawing a higher rate of interest than that provided for by Chapter 88, Laws of 1913. August 28, 1915
06- 235 A widow employed by school trustees as janitress, receiving a salary of $65 per month, is not entitled to a pension under the provisions of Chapter 86, Laws of 1915. August 28, 1915
06- 236-30 Persons, companies and corporations furnishing municipalities with water, electric current, blank books, printed matter and advertising matter, may elect to be bound by any plan of the Compensation act. August 30, 1915
06- 236-4 The law of Montana prohibiting the sale of liquor to Indians does not define the term "Indian," and no rule can be laid down. September 4, 1915
06- 237 All corporations to which the banking act applies, not doing business in Montana on March 6, 1915, are subject to the provisions of Chapter 89, Session Laws of 1915. A foreign corporation seeking to do business in Montana, must comply with the provisions of law forbidding two corporations having the same or similar names. September 15, 1915
06- 239 A county clerk in certifying to the names on a referendum petition should be guided by the provisions of Section 108 of the Revised Codes. September 16, 1915
06- 240 The legislature is authorized by Act of Congress to purchase lands for sites or experimental farms to the extent of ten per cent of the money received from the sale of lands granted by Section 16 of the Enabling Act. September 18, 1915
06- 241 Where a county was created prior to the passage of Chapter 139, Session Laws of 1915, the records in the officer of the clerk of the parent county must be transcribed as provided for in the law under which the new county was created. September 29, 1915
06- 243 The Board of County Commissioners is authorized to refund taxes in proper cases without suit having first been institute, under the provisions of Section 2742, Revised Codes of 1907. Sections 2669 and 2742, Revised Codes of Montana, give current remedies for the recovery of taxes erroneously collected. September 29, 1915
06- 245 Section 2770, Revised Codes, provides for a brewer or manufacturer's license, and a separate license must be obtained for each branch office maintained at which liquor is sold. In new counties composed of two or more old counties, the county clerk may renumber the registration cards of electors coming from portions of the old county, so as to comply with the provisions requiring consecutive registration. October 6, 1915
06- 247 The right of the county to seize personal property for taxes is superior to the right obtained by an attachment or execution sale. October 6, 1915
06- 248 A stock inspector at an auction sale of an estray animal has a right to refuse a bid where the same is less than the value of the animal. October 6, 1915
06- 249 In determining the tenure of an appointee to fill a vacancy in the office of school trustee of district of the third class, Subdivision 5, Chapter 76, appearing on page 227, Session Laws of 1913, should be construed with Subdivision 5, appearing on page 228 thereof. October 5, 1915
06- 250 County Commissioners may charge the per diem and traveling expenses provided for by Sections 12 and 13 of Chapter 3 of Chapter 141, Laws of 1915, only when inspecting the condition of any contract construction work on highways or bridges. October 9, 1915
06- 252 Under the provisions of Chapter 87, Laws of 1915, it is necessary for a city or town to have one thousand inhabitants before two licenses may be issued. Sections 4 and 5 of this Act, must be construed with the remainder thereof; therefore, Section 4 is effective up until the time where the prohibition named in Section 2 becomes effective. October 9, 1915
06- 254 The County Treasurer is chargeable with, and must collect taxes as extended on the assessment rolls, and is without authority to make alterations therein at the request of a municipality whose levy was not certified as required by law. October 14, 1915
06- 256 Loss of time by injured employee is not essential to permit recovery for medical service and attention. October 15, 1915
06- 257-15 Desertion is not included within the meaning of the provisions of Section 1, Chapter 86, Session Laws of 1915. October 15, 1915
06- 257-19 The children of parents residing in a district where the father is a citizen and qualified voter, and the mother an Indian, are entitled to have their names placed on the census roll, and to attend the public schools, and the school district is entitled to draw public moneys on such children. October 19, 1915
06- 259 The bonds issued under the provisions of Chapter 28, Laws of 1915, Farm Loan Act, when owned by parties residing in the State of Montana are subject to taxation. October 20, 1915
06- 260 Companies desiring to engage in the insurance of depositors in banking institutions, are not covered by Chapter 139, Laws of 1909. They may, however, by complying with Chapter 114, Session Laws of 1911, engage in this sort of business. October 21, 1915
06- 262 Amended, altered or new classification of rates may be put into effect by the Railroad Commission by a publication of notice for two successive weeks, as provided for in Section 4376, Revised Codes of 1907, without notice and formal hearing. October 22, 1915
06- 264 The State does not have any authority either to sell or to lease unsurveyed school sections 16 and 36. October 28, 1915
06- 265 All corporations organized since the enactment of Chapter 89, Session Laws of 1915, and coming within the provisions of that Act are subject to its conditions. October 28, 1915
06- 266 While the statute declares that state lands are subject to drain tax, such tax cannot be enforced by the sale of the lands, nor can they be paid until an appropriation is made therefor by the legislature. October 28, 1915
06- 268 Where the electors of a school district authorize the issuance of bonds in a sum exceeding the statutory limit, the school board may issue bonds upto such limit. Where the bonds are authorized to be issued in a certain amount, the board may issue them in a lesser amount if the interests of the district are best subserved thereby. November 3, 1915
06- 270 Liabilities of warehousemen under provisions of Sec. 37 Chap. 93, Laws of 1915, are covered by his bond provided for in Sec. 26, 27, of said Chapter. Duration and limitation of a warehouseman's bond, unless otherwise specified therein, is coexistent with the duration of his license. November 4, 1915
06- 271 Law relating to vacancy caused by permanent removal of county officers from the county considered and construed. November 15, 1915
06- 272 The costs in criminal prosecutions begun without probable cause, may be assessed against the complainant, by following Section 9612, Revised Codes of 1907. November 16, 1915
06- 274 Bonds issued by the county commissioners under the provisions of Chapter 32, Laws of 1915, must be advertised for sale under the provisions of Section 2 of that Act, unless an exchange is affected with warrant holders, etc., as provided in the Act. November 17, 1915
06- 275 The receipt given for money received for a definite purpose under the facts submitted, is sufficient as a token or "note or memorandum, " under the provisions of Section 9289, Revised Codes. November 17, 1915
06- 277 A fire insurance company may invest its surplus in the stock of a corporation organized under the laws of Montana, if such corporation is solvent, and pays dividends on its stock. The investment commissioner must determine the propriety and safety of any such investment. November 17, 1915
06- 278 The state has no jurisdiction over Indians or business pertaining to Indians on Indian Reservations whether this business is financial or otherwise. A private bank operated on an Indian Reservation is not subject to state jurisdiction where the only business transacted is with the Indians or the officers of the government in the discharge of their official duty; but where a banking business is done with other persons, such private banks are subject to examination. November 30, 1915
06- 279 Under the provisions of Chapter 61, Laws of 1909, the Board of County Commissioners have authority to employ special counsel to aid in the prosecution of criminal actions where the welfare of the county actually requires such employment. November 30, 1915
06- 281 An investment company not accepting, receiving or holding money on deposit, is excluded from the provisions of Chapter 89, Laws of 1915. November 30, 1915
06- 282 Portions of Y.M.C.A. Building actually used by the association in carrying on its work, including rooms rented to members for living quarters, are exempt from taxation. Portions of such building rented for foreign purposes, are subject to taxation. November 29, 1915
06- 284 Chapter 87, Laws of 1915, became a law March 5th, 1915. Different sections of a law may become actively operative at different times. Section 2 of the Act becomes operative December 31, 1915. Retail liquor dealers' licenses may not be issued after said date in any place having a population of less than fifty inhabitants residing for six months within a radius of one quarter mile of the location of the saloon. This prohibition does not apply to hotels then regularly operated as such, where such hotels have twenty or more sleeping rooms. December 1, 1915
06- 286 The question as to the right and power of the Board of County Commissioners to return to the holder of a liquor license the unearned or unused portion thereof, examined and construed. December 2, 1915
06- 289 The privileges granted by Chapter 91, Session Laws of 1915, allowing them to have taxes segregated and prorated, applies to the owners of real estate and to the holders of mortgages, or other liens against the same. It is the duty of the county treasurer under this Act to compute and apportion the tax due upon real estate upon various tracts as though each tract were being assessed separately. Likewise any personal tax which may be a lien must be also segregated and distributed. December 2, 1915
06- 290 The law relating to retirement of public school teachers is not broad enough to include presidents, superintendents and members of the faculty of state educational institutions, but may under certain conditions include teachers in such institutions. December 8, 1915
06- 291 Fees and compensation received by county clerk for comparing records of new county should be accounted for to county treasury. December 8, 1915
06- 293 In this state, if a husband die intestate, leaving as survivors children or descendents of children, the widow may take her dower and may also claim a share in the residue of the estate as heir. If the husband die testate, the widow may take under the will in lieu of dower, or may renounce her rights under the will and take dower. December 15, 1915
06- 294 The sheriff is given authority to appoint a deputy who acts as jailor, and the Board may not deprive him of that right. The Board of County Commissioners may not increase, but may decrease salary of a deputy sheriff who acts as jailor. December 15, 1915
06- 295 Under Chapter 118, Laws of 1909, Flathead County was awarded a fixed sum of money as its proportion of forest reserve revenues. Thereafter Lincoln County was created out of territory theretofore belonging to Flathead County. Held, it is to be assumed the property rights of the two counties were properly adjusted, and that therefore, the state auditor should not attempt any adjustment of such fund. December 16, 1915
06- 296 In a school district having seven or eight schools the trustees created subdistricts, and by order assigned the pupils to the school located within the particular subdistrict where such pupils resided. A parent desired to send his children to a different school of the same grade than that assigned for his children. Held: The orders of the trustees should not be arbitrary, but reasonably necessary to promote the interests of the district. Held, further: the trustees should consider the instant case on the merits and if good and reasonable grounds exist therefor, the children of this parent should be permitted to attend the school of their parent's choosing. December 16, 1915
06- 298 The salary and expenses of a district deputy sealer of weights and measures is paid equally by the counties composing his district. December 16, 1915
06- 299 The laws of Montana do not prohibit a Montana insurance company from transacting business in another state, and such matter must rest with the laws of such other state. An insurance company not authorized to transact business in the State of Montana, cannot legally be recognized as "a good and reliable company," so far as to give effective and safe insurance within the meaning of Section 4050, Revised Codes, as amended. December 17, 1915
06- 300 The board of school trustees have no authority to issue bonds for taking up outstanding current indebtedness other than that specified in the statute. Proceeds of a bond issue may not be transferred to the general fund and used for the purpose of taking up obligations for borrowed money for school maintenance. December 18, 1915
06- 301 The county is liable for expenses incurred by officers of the Bureau of Child and Animal Protection in apprehending and transporting dependent children, for such officer acts only for the benefit of the county, and no duty rests upon him to act at all, except the county pays him such expense. December 18, 1915
06- 302 Under the provisions of Chapter 89, Session Laws of 1915, all other legislation upon the subject of banks is superseded, and provision is made for the annual election of directors in such institutions, and their terms are made one year. December 21, 1915
06- 304 The county is not liable for the payment of taxes on lands taken by it for failure of owner to pay taxes. Where owner does not pay taxes, additional money must be raised by increasing the rate at the next levy. December 21, 1915
06- 305 No authority exists for a school district to issue bonds to take up warrants for debts incurred for current expenses. December 23, 1915
06- 306 The law relating to authority of county board to create fire limits, and Levy Special Tax Therefor, Considered and Construed. December 23, 1915
06- 307 The question as to the disposition of diseased fruit, and the powers of Horticultural Inspectors in regard thereto, answer by Colvill v. Tox, 149 Pac. 496. Under the provisions of the law, such inspectors have statutory authority to enter premises in enforcing the rules of the state board. December 28, 1915
06- 308 It is beyond the power of the Railroad Commission to make orders relative to train service and station facilities by railroads without first giving notice and holding hearing upon the question. January 4, 1916
06- 310 1. There is not any duty resting upon the clerk of the court to approve attachment bond executed by surety unless the authority of the agent of the company who executes the bond is shown. 2. It is not the duty of the clerk to approve attachment bond of a foreign insurance company unless such company exhibits to him its authority to do business in this state. January 4, 1916
06- 311 The word "maim", as used in the statute, is practically synonymous with the word "cripple", but the meaning may be extended by the facts existing, and such facts must be considered to determine whether or not the animal is "maimed". January 5, 1916
06- 313 The County Attorney must advise Boards of Trustees of School Districts within his county upon matters pertaining to their duties, and is not entitled to any fee or compensation other than his regular salary. January 11, 1916
06- 314 The only power conferred upon a county surveyor to appoint a deputy is that found in Section 2963. The County Surveyor has no authority to appoint a deputy at a fixed salary, and charge the county at a per diem rate. If the county hires an extra surveyor, it is liable for the regular compensation unless agreement is made for some other compensation. January 13, 1916
06- 316 Association of persons providing for the burial and funeral expenses of deceased members through assessments, are insurance associations within the laws of this state and subject thereto. January 17, 1916
06- 318 The state board of examiners for nurses is not vested with authority to determine who shall or shall not attend a school for the training of nurses, nor to settle disputes between the school and the student. January 18, 1916
06- 320 Section 5177, is not repealed by Section 8098. January 25, 1916
06- 321 In all cases where cattle are slaughtered the hides must be preserved for ten days and exhibited for inspection on demand. A person is regarded as a butcher if he purchases stock and slaughters it for market. If animals slaughtered are sold with the hides, the purchaser must make the statement required of butchers. January 26, 1916
06- 322 Laws of 1915, Chapter 87, providing that the county treasurer shall refund the unexpired portion of saloon licenses revoked by operation of law, applies only to the portion of the license retained by the county. County treasurers must account to the state at the times required by law and whenever called upon to do so, and may not deduct from his remittance any sum due the state. January 26, 1916
06- 323 Remuneration for livestock killed under order of the Veterinary Surgeon or the Livestock Sanitary Board, should be paid for upon the assessment value shown upon the assessment roll next preceding the discovery of the disease. January 26, 1916
06- 324 Rates for service of public utility companies fixed by franchise from municipality previous to the passage of Chapter 52 of the Laws of 1913, are not subject to revision by the Public Service Commission. February 2, 1916
06- 326 The statute of limitations for all misdemeanors is one year. February 3, 1916
06- 327 Teachers employed when Chapter 95, Laws of 1915 was enacted, may elect to take advantage of its provisions within such reasonable time as may be fixed by the board. February 4, 1916
06- 328 The fifty per cent referred to in Section 4017, R.C. as amended, relates only to the capitol stock of the company, and does not include the surplus, unless the law where the company is incorporated makes such surplus a part of the capitol stock. February 5, 1916
06- 330 Married women under the age of twenty-one years are not to be considered as census children under the guardianship of their husbands in the formation of school districts. A county superintendent has no authority to create a school district with boundaries different than those described in the petition. February 9, 1916
06- 331 The sheriff has authority to charge the county at the rate of fifty cents per day for boarding prisoners only when food of such value has actually been furnished. February 14, 1916
06- 332 The Presidential Primary Election Law must be read and construed in connection with the State Primary Election Law as to the method of procedure to be followed in the conduct of such election. An elector has the right to vote for one candidate for every office to be filled, notwithstanding the statement that the elector may vote for only one of the delegates. February 14, 1916
06- 334 The statute does not express any direct authority for the holding of election to discontinue a county free high school once established. If such power exists, it is by implication. February 14, 1916
06- 335 It is not within the power of a Building and Loan Association to exempt stock from the assessment provided for in Section 4197, Revised Codes. It is not within the power of a Building and Loan Association to place additional burdens upon one character of stock for the benefit of some other kind or character of stock. Voluntary submission to extra burdens is a matter resting with the stockholder, and he may by his own acts bar himself from contesting the legality of the contract. February 18, 1916
06- 338 Persons or corporations engaged in loaning money who are not under the supervision of the State Superintendent of Banks are not entitled to use the words prohibited to them under Section 24 of Chapter 89, Session Laws of 1915. February 19, 1916
06- 339 A witness attending a criminal trial is entitled to $3.00 per day for each day he attends as such, and to ten cents for each mile, each way, traveled by him. Section 9489, R.C. may be considered as being applicable in certain instances to modify the effect of the foregoing rule. February 21, 1916
06- 340-23-1 Since the legislature has treated co-operative associations as corporations, they are entitled to amend their articles of associations. February 23, 1916
06- 340-23-2 Where two or more persons agree together to play a game of cards for money or other evidence of value, it is a joint enterprise, and all are guilty as principals, under Section 8416, Revised Codes of 1907. February 23, 1916
06- 342 The county commissioners are entitled to per diem and actual traveling expenses when examining the condition of county roads and bridges, and are without authority to purchase an automobile with public funds for such purpose. February 24, 1916
06- 343 For above definitions, see opinion. The law does not require any check list other than the copy of precinct register. February 25, 1916
06- 344 The law authorizing the establishment of school district libraries, does not deprive the school board of right to buy reference books. School Board may use moneys raised by special tax for purchase of reference books when necessary to course of study required by law. February 26, 1916
06- 347 The term of office of a justice of the peace is two years, after which the office becomes vacant unless again filled by election or appointment. February 28, 1916
06- 348 The form of bonds heretofore approved by this department fully conform with the law, and are fair alike to the mortgagor and the bond holder. February 29, 1916
06- 352 Attention called to statutory provisions relating to the term of office of county commissioners. March 1, 1916
06- 353 Women who have registered in their maiden names are not required to register again upon marriage, but are advised to do so as a matter of policy. March 2, 1916
06- 355 The law relating to creation of new counties and the manner of collecting taxes by the old and the new county, and the term "current year" examined and construed. March 4, 1916
06- 356 Cattle are properly inspected only by regularly appointed stock inspectors, the law making no provision for such inspection by other officers. The law provides for no fees for such inspections, and none are collectible. March 7, 1916
06- 357 Since Chapter 65, Laws of 1915, is a special law relating to licensing and numbering of automobiles, it is to be given effect when inconsistent with the provisions of the general highway law, Chapter 141, Laws of 1915. March 13, 1916
06- 358 When a city or town maintains a board of health, expenses incurred thereby are charges against the city, and not against the county. March 14, 1916
06- 360 A person becomes a candidate for office when he has signed the petition required by law, and filed the same with the proper officer or has transmitted the same for filing, but candidate cannot withhold filing his certificate as a subterfuge for the purpose of making expenditures in the meantime in furtherance of his candidacy after the certificate is filed. March 14, 1916
06- 362 Registry lists for city elections are part of the public printing, and should be printed by the printer with whom the county has a contract, the county being reimbursed by the city. March 14, 1916
06- 363 The law relating to salary of deputy sheriff and his right to contract for a lesser salary, and also his right to make demand against the county for a balance claimed due him, examined and construed. March 15, 1916
06- 365-16 School districts maintaining high schools have power to issue bonds for the purpose of building gymnasiums. March 16, 1916
06- 365-28 The question of whether the board of county commissioners should purchase an automobile or motor truck as a part of their road machinery, is a matter within the discretion of the commissioners. A county cannot make a contract with an unincorporated town since such a town has no power to contract. March 28, 1916
06- 367 Conditions under which a road becomes a public highway determined herein. March 28, 1916
06- 368-28-1 Where a public officer who is also an officer of a corporation with whom it is proposed to contract, has no power, duty or authority in the making of the contract, the company of which he is an officer is not disqualified from contract with the county. March 28, 1916
06- 368-28-2 Livestock brought into this state from another state subsequent to the first Monday in March, should be assessed under the provisions of Section 2533, inclusive. Other property brought into the state unless of such character that its situs is determined by the residence of the owner, is not taxable herein if arriving subsequent to the first Monday of March. March 28, 1916
06- 369 Public officers, and employees in public offices, who perform the same duties as those devolved by law upon the official, are not within the meaning of the Workmen's Compensation Act. Mere designation of a certain position as a public office is not sufficient to deprive the workman or employee of the rights given by the Act, provided the duties performed by such employee are hazardous within the meaning of the Act. April 1, 1916
06- 373 Chapter 126, Laws of 1909, creates two offenses. The first portion of said law applies to animals on the range only, or animals upon the property of another which is not legally fenced. The second applies to animals either on the range or on private property. April 3, 1916
06- 374 Statute relating to establishment of highways by use and by prescription, examined and construed. See opinion. April 6, 1916
06- 376-11 The Presidential Preference Primary law requiring that election be held in every precinct in the State it is an election throughout the State and, therefore, is a legal holiday. April 11, 1916
06- 376-12 Where it is proposed to hold a county bond election, and the county clerk fails to give the statutory notice of the closing of the registration books, such election may nevertheless be legally held, but is discountenanced. April 12, 1916
06- 378 The public service commission has no authority to regulate rates charged by a domestic public utility corporation for service furnished to the United States Government on a military reservation. April 13, 1916
06- 380 It is expressly provided by Sec. 4376, Revised Codes, that the Railroad Commission shall publish notice of hearings to be held by it. The State Board of Examiners is not charged with any duty in connection with the publication of notice of hearings to be held by the Railroad Commission. April 18, 1916
06- 381-18 Under the provisions of Sec. 388, Revised Codes, official bonds of City and Town Officers must be made payable to the State of Montana. April 18, 1916
06- 381-24 Land held by an unincorporated town by virtue of a law and for the purpose of furnishing a water supply for the use of the town, is not exempt from taxation. April 24, 1916
06- 382 Under the provisions of Chapter 43, Laws of 1915, abstractors of title to real estate are required to furnish a bond in the sum of $5,000, which shall be renewed annually. Held: That a renewal which is conditioned that the liability of the surety shall not exceed in all the sum of $5,000, is unlawful. April 24, 1916
06- 383 The school laws of this state provide that no certificate to teach in the public schools of Montana shall be granted to any person who is not a citizen of the United States, or who has not declared his intention to become a citizen. Held: That where a woman who, being a citizen of the United States, and having taught school in this state for two years, marries an alien, she loses her citizenship and forfeits her right to teach in the public schools of this state. April 26, 1916
06- 385 Where satisfaction is made of a chattel mortgage by instrument in writing it need not be acknowledged. Where two chattel mortgages are released in one instrument, it should be executed in duplicate so as to permit of complying with Section 15, Chapter 86, Laws of 1913. May 5, 1916
06- 386 A grandmother who has legally adopted grandchildren whose natural parents are both dead, when otherwise qualified is entitled to an allowance under Chapter 86, Laws of 1915. May 5, 1916
06- 387 Under Chapter 125, Laws of 1909, the situs for taxation of livestock is in the county in which they are found on the first Monday in March. May 5, 1916
06- 388 The county commissioners have no authority to establish more than one polling place in a precinct. May 5, 1916
06- 389 Compensation for slaughtered cattle is based upon their actual value at the time last assessed, irrespective of the assessment, except that compensation cannot be for a greater sum than the assessed value. The state auditor should reject claims for compensation where found not to be correct. May 11, 1916
06- 391 Power of the Montana Railroad Commission to make intrastate rates in matters affecting Interstate Commerce considered herein. May 12, 1916
06- 394 Law relating to disposition and sale of estray animals examined and construed. May 13, 1916
06- 395 Where it is sought to select, purchase or sell a school house site in a third class district, a majority of the voters present and voting for the proposition at an election held for the purpose, is sufficient, and the board of trustees should carry out the will of the voters this expressed. May 15, 1916
06- 397 The State Board of Stock Commissioners are not vested with authority to cancel a brand once issued, at least without notice and hearing. Inspection of stock before shipment is required, unless shipped out of the state under the provisions of Section 1812, Revised Codes. May 25, 1916
06- 398 Trustees of district schools are vested with authority in certain cases to purchase, lease or rent athletic apparatus used by the school. June 7, 1916
06- 400 In order to change a school house site, a concurrence of a majority of a vote of the district must be obtained. The duty of county attorney to institute action at instance of private party considered. June 10, 1916
06- 401 The State Board of Dental Examiners is vested with discretionary power to use the money coming into its treasury for the enforcement of the provisions of the law creating the Board and order certain charges for investigating alleged violations of the law, or attending educational meetings. June 10, 1916
06- 403 When a petition for the incorporation of a town was filed at a special meeting, the Board of County Commissioners could appoint a census-taker at their next regular meeting. When a saloon license is legally issued, it cannot be cancelled previous to its expiration merely because the population decreases below that named in Chapter 87, Laws of 1915. June 15, 1916
06- 404 The inspection of training schools for nurses is within the discretion of the State Board of Examiners for Nurses. Likewise the compensation of the person making the inspection is discretionary with such Board. Certificates may be issued to nurses who have trained in this state regardless of residence. June 15, 1916
06- 405 The method of taxing lands held under contract of sale from the state is prescribed by Section 50, Chapter 147, Laws of 1909. June 15, 1916
06- 406 Law relating to appointment and confirmation to fill vacancy in the office of school trustee, construed. June 17, 1916
06- 408 The Board of School trustees is not vested with authority under any circumstances, to issue warrants or, other indebtedness in excess of three percentum of the taxable property therein. June 27, 1916
06- 409 The lien of a chattel mortgage is not lost where a new note is given to secure the payment of the debt. June 29, 1916
06- 410 The law relating to registration of school district warrants, examined and construed. July 3, 1916
06- 412 Ordinarily before a commissioner may charge for work, he must be vested with authority from the Board. The procedure to be followed in actions against a commissioner for illegal fees are dependent upon the facts of the particular case. The action of the District Judge in approving bills is of no avail, unless he is authorized by statute so to do. July 6, 1916
06- 414 A county commissioner is not entitled to compensation for supervising or inspecting road work being done by road supervisors or road crews, or employees hired to work on the roads of the county by the month or day. County Commissioners are not entitled to traveling expenses while supervising or inspecting work done by road supervisors or road crews, or employees hired to work on the roads of the county by the month or day. Where the Board of County Commissioners employs a competent road builder to supervise county roads at not to exceed seven dollars per day, such road builder is not entitled to receive any additional sum to reimburse him for expenses incurred in the discharge of his duty. July 14, 1916
06- 416-21 The legislature by Chapter 107, Laws of 1911, and by Chapter 142, Laws of 1915, seem to have had in mind the organization of fire districts in unincorporated communities. No procedure for doing so is laid down. July 21, 1916
06- 416-24 Canals, flumes and ditches of an irrigation system, and the franchises, and rights of way therefor, should be assessed as real property. Section 2622 to 2655, inclusive, provide for a sale of such property. Section 2738 to 2739, provide a cumulative remedy by way of action for the collection of such taxes. July 24, 1916
06- 417 Where county bonds are sold, the sale thereof must be advertised. Not necessary to advertise where exchange is made for county warrants. July 24, 1916
06- 418 Constables may act as collection agents if they do not, under color of official authority, make use of oppression or extortion. July 27, 1916
06- 419 Opinion of October 9th, 1915, to County Attorney Bollinger, examined and affirmed herein. July 27, 1916
06- 420 Members of the organized National Guard of Montana are exempt from the payment of poll tax. July 29, 1916
06- 421 A presidential elector is an officer, and as such, after receiving a nomination therefor, may not withdraw or decline the nomination, or resign, and cannot thereafter at the regular primary nominating election be legally nominated for another office. August 2, 1916
06- 423 The prohibition against the use of the words "bank," "banker", "trust company" or "investment company", found in Section 24 of Chapter 89 of the Session Laws of 1915, do not apply to persons who are engaged exclusively in loaning money. August 3, 1916
06- 425 Held: That a hotel keeper whose place of business was located in a place where there were not fifty bona fide residents within a quarter of a mile, was not entitled to have a liquor license renewed without filing a petition signed by twenty freeholders residing within a radius of five miles. August 3, 1916
06- 426 Under the law of this state, the creation of a new county creates a vacancy in the office of state senator which can only be legally filled by an election after proclamation as authorized by existing law. August 4, 1916
06- 427 In the consolidation of school districts, though lying in different counties, the provisions of Section 407 of the codified school laws apply. Joint action of the officers of both counties being necessary to carry same into effect. School districts are not liable in tort, but their officers may be answerable for negligence. August 7, 1916
06- 429 Chautauquas are not subject to a license tax in this state. August 16, 1916
06- 430 Where a county purchases property from a school district, such property is not liable for bonds then outstanding against the district, but property within the district subject to taxation at the time bonds were issued is liable. August 17, 1916
06- 431 The Clerk of the Court is entitled to collect as fees the sum of ten dollars in a proceeding instituted to secure judgment of confession. August 18, 1916
06- 432 The matter of granting temporary certificates to teachers is discretionary with the County Superintendent to whom application is made. Such a certificate cannot be of higher grade than that previously held by the applicant. August 31, 1916
06- 433 Whether parents of mixed races may adopt a child also of mixed races is a question for the court in which the Petition is filed. September 8, 1916
06- 434-11 Section 2 and 4, Chapter 87, Laws of 1915, relating to liquor license, construed. September 11, 1916
06- 434-12 It is a violation of law for a person to drive or place unquarantined sheep within the quarantine limits established under the provisions of Section 1872, R.C. September 12, 1916
06- 435 1. Central Committee of a political party cannot fill a vacancy, except where the same is caused by death or removal. 2. A person receiving the highest number of votes at the primary election must be recognized as the nominee although his name may have appeared on the printed ballot of some other party. September 13, 1916
06- 436 An appointee to fill a vacancy in the office of the County Commissioner, holds only until the next general election, and the electors at the primary election may write in the name of their choice as candidate and may also designate the office although the office is not designated on the official ballot at the primary election. September 14, 1916
06- 437 It is the duty of the county board to publish the election proclamation issued by the Governor. September 21, 1916
06- 438 Lakes formed by the building of dam upon private property, which dam may be removed at the pleasure of the owner, are not navigable waters within the meaning of the provisions of Chapter 63, Session Laws of 1913, and the Railroad Commission has no authority to inspect boats upon such waters. September 21, 1916
06- 440 The various measures to be submitted at the general election for 1916 should be submitted on separate Ballots. September 25, 1916
06- 441 Where a county asks and receives bids for county printing with reference to the charges enumerated in the statute, the rules of measurement and computation provided in the statute must govern in the absence of a special contract. September 27, 1916
06- 442 The Corrupt Practices Act, with reference to expenditures by Lieutenant Governor, examined and construed. September 30, 1916
06- 444 Interest charges for borrowed money invested, and charges for depreciation, may not be deducted from the gross income of a mine to determine the taxable net proceeds. October 3, 1916
06- 445 Vacancy exists in the office of school trustees ipso facto upon change of residence, or without change of residence, by absence for a period of sixty days from the district. October 13, 1916
06- 446 The procedure to be followed by voters under Chapter 110, Laws of 1915, Absent Voters' Law, explained. October 13, 1916
06- 447 Absent voters' ballots are endorsed by the Judge of Election in the same manner that ordinary ballots are. October 23, 1916
06- 448 Names written in upon ballots must be counted by the Judge of Election no matter in what column appearing, and regardless of whether they are printed elsewhere on the ballot or not, toward the election of the person to the office in connection with which his name is written. October 27, 1916
06- 451-22 The State Text Book Commission is not precluded from readopting text books theretofore used. November 22, 1916
06- 451-25 Where a drainage or sewer system is necessary to make effective the building as a school house, and no other means provided, the district may issue bonds for the establishment of a sewer system. November 25, 1916
06- 453 Funds of old district illegally expended just prior to creation of new district, should be accounted for to the new district. November 27, 1916
06- 454 The county commissioners may furnish aid to poor and indigent otherwise than by sending them to county poor house. November 27, 1916
06- 456 Persons slaughtering stock must preserve the hide and make exhibition thereof. Butchers must keep a record of stock slaughtered, and make reports thereof. November 29, 1916
06- 457 Neither the city council, not the Public Service Commission has power to order the connection of water pipes to a water main constructed by a special improvement district to five service to persons outside of such district. November 29, 1916
  • 18 October 2018
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