Attorney General’s Opinions

Volume 07

Page Held Date
07- 2 Indemnity or Lieu Lands taken by Railroad Company are not subject to taxation until passed on by the officer of the government designated for that purpose. December 5, 1916
07- 3 The repeal of Chap. 145, Session Laws of 1911, by Referendum, left Sections 1045 to 1110 inclusive, in full force and effect; therefore, it is the duty of the County Assessor to comply with the provisions of Section 1047 and to prepare the Military Roll as provided for in that section. December 7, 1916
07- 6 A contractor, agreeing to do all the work for constructing a certain roadway according to specifications, furnishing all tools and equipment, for a certain amount per yard in accordance with estimate of engineer, the work to be accepted by engineer on completion, is an Independent Contractor. January 4, 1917
07- 8 A new school district about to be formed largely from an old district and from portions of two others, should be organized in accordance with the provisions of Section 404 of the School Law by a petition to the County Superintendent, signed by the parents or guardians of ten census children. A rented school building is to be considered a school house within the meaning of the School Law. The boundary line of a new district may be within two miles of an established school. Unless controlled by other things distance shall be computed on a straight line. A new district will own all permanent property, such as sites, school houses and furniture within its boundaries. If a new district receives any property from the old district, it will have to bear its proportionate part of the bonded indebtedness, but will not be compelled to assume a contract with a teacher. January 5, 1917
07- 13 A mortgage on land already covered by an agreement with an irrigation company for water, giving to such company certain easements and a lien upon the lands "superior to any and every other encumbrance or lien" to secure the payment of the water charges, would not be a "first mortgage" within the contemplation of the Farm Loan Act. January 6, 1917
07- 16 State and county warrants remaining outstanding for more than eight years after they have been called for payment, and checks of State and County Treasurers eight years after issuance, are outlawed and are barred from collection. January 10, 1917
07- 20-3 Under Section 2047, Revised Codes, the giving or furnishing of intoxicating liquor gratuitously and without any evidence of evasion or subterfuge is a public offense. February 3, 1917
07- 20-10 A board of school trustees have the right to insure a district school in a mutual fire insurance company. January 10, 1917
07- 21 When a bond issue has been voted for the erection of a high school building and furnishing the same, the Trustees cannot make estimates for the high school tax levy to include plumbing, wiring, heating apparatus and other items necessary to furnish the building, the same being included in the bond issue. Nor can they use funds on hand for furnishing the high school buildings. Trustees can only issue warrants not in excess of funds on hand, or available through levy of taxes for current year or the issuance of bonds. January 11, 1917
07- 22 Trustees of a school district cannot issue bonds up to the amount of the constitutional limit of indebtedness, when the electors have voted favorably upon a bond issue in excess of such limit, the part within the limit not being separable from that without. January 20, 1917
07- 26 Where two petitions have been filed with the Board of County Commissioners for the incorporation of a town, the one first filed must be acted upon first, and unless a sufficient number of signers withdraw from the same so that it is without the required number of signatures, an election must be held on such petition. January 24, 1917
07- 27 Sections 3088 and 3144 of Political Code Construed. In case there are assets belonging to the estate of a deceased person of which the public administrator may take possession by virtue of his office, before filing his petition for letters, he must do so and on filing his petition pay the regular filing fee. January 24, 1917
07- 29 Trustees of school districts of second class may rebuild or remodel a school building and levy a special tax therefor without first submitting the question to a vote of the district. A sinking fund can only be used for the payment of principal and interest on bonds. Such sinking fund is an offset to bonded indebtedness in computing constitutional limit of indebtedness. General school fund may be used for building purposes, after providing for expense of school, only after electors have so voted. January 25, 1917
07- 32-3 A county clerk would be acting on his own responsibility in mailing out a county warrant to claimant without an order for the same. February 3, 1917
07- 32-8 A foreign corporation must pay the same fees for filing a certificate of increase of capital stock as a domestic corporation. February 8, 1917
07- 34 All gambling fines, after deduction of cost of prosecution, should be turned over to County Treasurer to be credited to common school fund. It is the duty of the County Commissioners to transfer to school fund all moneys which should have been credited thereto. February 9, 1917
07- 36 One in possession of an animal under Section 2091 of the Revised Codes, has right to retain possession thereof until any lien he may have against the animal for keeping and advertising the same has been paid. February 12, 1917
07- 37 The county commissioners have authority to allow the county treasurer to appoint an extra deputy, who would be authorized to do anything which the county treasurer might do in the collection of taxes, but such deputy must proceed in the manner provided by law for the collection of property taxes. February 19, 1917
07- 38 Sections 6824 and 6825 of Code construed. Only the property exemptions under section 6825 would be within the exception subjecting such property to an execution, issued upon a judgment recovered for the purchase price. February 19, 1917
07- 39 A child may enter school immediately upon becoming six years of age, regardless of the time of the year. February 20, 1917
07- 40 The notice of election for a bond issue must contain not only the time and place of election but also the following propositions: (1) The amount of bonds, (2) the rate of interest which they shall bear, (3) the time when payable, (4) the time when redeemable, and (5) the purpose for which the money is to be used. February 20, 1917
07- 42 A district high school upon being accredited is entitled to share in high school moneys levied and collected for maintenance for the school year during which such district high school is accredited and the apportionment is based upon the average daily attendance for the year preceding. February 22, 1917
07- 44 It is within the power of the Board of Railroad Commissioners to regulate and fix intrastate rates to be charged by transportation companies doing business on Flathead Lake. February 26, 1917
07- 45 An employee, injured about one mile from place of employment, while riding a motorcycle to work, is not entitled to compensation as it was not an injury "arising out of and in the course of his employment." March 3, 1917
07- 49 It is unlawful for two or more persons to shake dice or to play an ordinary game of cards to determine who is to buy the drinks or cigars. It is unlawful for two or more persons to play a game of pool or billiards, the loser of the game paying the regular price charged for the use of the table for such game. March 7, 1917
07- 53 A petition for consolidation of school districts should be acknowledged in the same manner as a deed. Trustees have the power to discontinue high school classes. March 8, 1917
07- 54 Under Section 9715 of the Revised Codes a Justice of the Peace must deposit with the County Treasurer after the conclusion of each case in which a fine or forfeiture is collected, all moneys so obtained after deducting costs incurred in that case only. March 12, 1917
07- 55 The Board of Trustees of a School District do not have powers to invest any portion of a sinking fund in bonds of other school districts. March 13, 1917
07- 56 It is not necessary for a school district warrant to be under seal. March 13, 1917
07- 57 A person can be elected to the office of school trustee without having been nominated as provided in Section 502 of the School Law. Trustees to fill unexpired terms should be elected at the next annual election, even though more than a majority of the board be chosen at such election. March 22, 1917
07- 60 An employee, who is assaulted by a striker while approaching the plant of his employer on his return from his meal for which he had been sent by his foreman on account of working an extra shift, is entitled to compensation, as it is an injury arising out of and in the course of his employment. March 27, 1917
07- 64 The deputies of the county officers appointed on the first day of January under the classification as the county of the second class continue in office until January 1st, 1919, and the new law does not ipso facto change the classification and remove such deputies from office or change their salaries. March 27, 1917
07- 65 A Board of County Commissioners has no authority to enter into a contract with any person to act as county librarian for any specified time, and a contract of such nature would be void. March 28, 1917
07- 67 An employee who is injured while traveling in a car furnished by his employer, who is transferring a camp from one place to another, although such transportation is without charge and the employee receives no pay during such time, is injured "in the course of his employment." March 28, 1917
07- 70 Section 404 and 405 of the School Law relating to the organization of new School Districts construed. March 29, 1917
07- 71 An attorney admitted by the Supreme Court of this state to practice his profession, and who is not now engaged as a practicing attorney, is not required to pay the annual license fee required under the provisions of House Bill No. 264 of the Fifteenth Legislative Assembly. March 29, 1917
07- 72 A regularly licensed dealer in motor vehicles may sell in any county in the state; the proportionate share of the fee for his license going into the road fund of the county wherein his principal place of business is. As far as a license is concerned no distinction is made between a dealer, sub-dealer or curb-stone broker. March 30, 1917
07- 74 Applicant for a renewal of saloon license may continue in business unless upon cause shown the County Commissioners order his place closed, and the Board of County Commissioners is without authority to issue license pending his appeal from the action of the Board. April 3, 1917
07- 75 If there is sufficient money in the general fund of a school district of the third class to provide for nine months school, the surplus may be used to build a school house provided the electors so direct. April 6, 1917
07- 77 A commercial bank now doing business with a paid in capital of one hundred thousand dollars may establish a trust department in their present business without reincorporating if this power is conferred upon them by their original articles of incorporation. April 6, 1917
07- 78 A County Commissioners is entitled to compensation for each day of actual attendance at the sessions of the board and ten cents a mile for each mile necessarily traveled in going to and coming from the county seat to his place of residence. April 7, 1917
07- 79 Section 16 (f), 16 (g) and 16 (c) of the Workmen's Compensation Act, Chapter 96 of 1915 Session Laws, construed. April 7, 1917
07- 83 An appeal from the decision of the Board of School Trustees to the County Superintendent should be taken in the manner provided in paragraph 1, Section 404 of the School Law. April 7, 1917
07- 84 It is not necessary for a county warrant to be signed by the chairman of the board of county commissioners. April 10, 1917
07- 86 A warehouse receipt duly assigned and placed as collateral is a sufficient transfer of the property described therein and the purchaser takes the same title that he would if he held the property itself. April 10, 1917
07- 87 A clerk of the district court is required to charge 15c a folio for making certified copies of any naturalization papers and the fee should be accounted for and turned over to the county. April 11, 1917
07- 88 When any tax has been erroneously collected by a county the board of county commissioners must refund such erroneous tax, and the state's portion of such tax must be refunded to the county, and that for such purpose the state auditor must draw his warrant for the same in favor of the county refunding the tax. April 14, 1917
07- 89 A chattel mortgage covering future advances will take precedence over a second mortgage when the future advances are a fixed sum and there is a binding agreement on the part of the mortgagee to advance the same. April 14, 1917
07- 91 Chapter 79 of 1917 Session Laws, providing a license tax on net income of corporations doing business in Montana, is inoperative as to National Banks. April 23, 1917
07- 94 On making the income returns for the purpose of determining the amount of license tax to be paid by a corporation under the provisions of House Bill No. 345, Chap. 79, Session Laws 1917, corporations are not entitled to deduct from their income the amount of any income represented by interest on bonds, warrants or other securities issued by the United States, state, counties, school districts, or municipal corporations, but all such interests must be included in their incomes. April 26, 1917
07- 96 Amendment to Section 502 (1) of the School Law requiring trustees must be elected from outlying portions of school district of the third class, held unconstitutional. May 4, 1917
07- 97 A farmer may come within the provisions of the act by filing with the Board the joint election of himself and his employees to be bound by and subject to the provisions of the Act. May 7, 1917
07- 100 A board of school trustees have authority to make reasonable rules compelling children to attend the school nearest their place of residence, if it is necessary for the successful management and discipline of the school in such district. May 11, 1917
07- 101 The warrants issued by a new school district in favor of the old district, from which it is organized, in the adjustment of indebtedness between the old and new district, cannot be added to the sinking fund of the old district and be deducted from an outstanding bond issue in computing the amount of indebtedness of the old district. May 24, 1917
07- 103 Foreign corporations doing business in this state need file a copy of its articles of incorporation and its annual statement only in the office of the County Clerk wherein its principal place of business is located. May 28, 1917
07- 104 A Board of County Commissioners would not have authority to allow a claim providing for more than $6.00 per day for a man and team. See Chapter 172, 1917 Session Laws, Chapter III, Section 6. June 16, 1917
07- 106 The State Live Stock Sanitary Board has no authority to permit a tubercular animal to be moved from one county to another county in the state for any purpose other than immediate slaughter. June 20, 1917
07- 107 A sheriff may appoint a deputy to serve without salary or compensation from the county, and if the appointment and oath of office of such deputy is filed in the office of the Clerk and Recorder, he has authority to act as a deputy sheriff in exactly the same manner as a salaried deputy, but that the fees collected by such deputy cannot be retained by him as compensation for his services, but that the same except mileage must be by the sheriff paid into the County Treasury. June 21, 1917
07- 109 The fee to be charged by the County Clerk and Recorder for a marginal satisfaction of a chattel mortgage is twenty-five cents and for filing a written release or satisfaction of mortgage a fee of fifty cents should be charged. June 27, 1917
07- 110 An invalid brother over the age of 16 years, if actually dependent on a deceased brother, is entitled to compensation, as a minor dependent. June 30, 1917
07- 113 The Forestry Department has no right to sell timber less than eight inches in diameter twenty feet from the ground. July 9, 1917
07- 115 A county treasurer would not be personally liable for paying interest coupons on funding county bonds where there are sufficient funds to pay same, and there is no question as to the genuineness of the bonds and coupons or of the title of the person presenting same for payment. July 16, 1917
07- 117 County Commissioners need not have special authority from electors before expending $10,000 for maintenance of highways. July 21, 1917
07- 119 What constitutes common school funds discussed. Restriction under Section 9 of Chapter 114 of 1917 Session Laws. July 24, 1917
07- 122 The method of apportionment of funds raised by a special tax levy in counties not maintaining a county high school under Chapter 105 of 1917 Session Laws is based on total attendance in high school classes. July 23, 1917
07- 124 Held that Chap. 172, Session Laws of 1917, repeals Chap. 106, Session Laws of 1917 and Sec. 13 of Chap. III of Chap. 172, Session Laws of 1917 construed. July 31, 1917
07- 126 Under Sec. 4 of Chap. IV of the above act not more than one member of the board of county commissioners and the county surveyor shall act as viewers while under Sections 3 and 4, Chap. IV the board may direct an inspection to be made by the County Surveyor, or by any member or members of the board. July 31, 1917
07- 128 County Commissioners have no authority to expend over $10,000.00 for land, buildings and improvements for the county poor farm without being so authorized by a special election. August 3, 1917
07- 130 In all cases of appeals from a police to a District Court which are of a civil nature the appellant should pay the filing fee of Five Dollars when the papers are presented for filing. August 7, 1917
07- 131 If the work in any county office so increases that it cannot be handled by regular deputies, county commissioners have authority to authorize the appointment of extra deputies. County officials and deputies cannot receive a greater compensation than that provided by law regardless of overtime work. August 9, 1917
07- 134 Chapter 98, Session Laws of 1917, relating to license fees of Insurance Companies is unconstitutional. August 23, 1917
07- 138 A city council may grant permission to residents residing inside the city limits but outside of a water or sewer improvement district to connect up with the same. August 29, 1917
07- 140 The county clerk and recorder of Custer County is entitled to six dollars a day for comparing Carter County Records and an additional six dollars a day for each deputy so employed. September 27, 1917
07- 141 A sheriff should receive ten cents per mile for each mile actually and necessarily traveled while in the discharge of his duties and should receive no other compensation for train or horse hire or any other expense incurred in travel of for subsistence when such mileage is allowed. October 3, 1917
07- 142 A Board of County Commissioners has the power to construct a bridge, costing under ten thousand dollars even though there is no money in the bridge fund provided bids are called for in the regular manner and the construction of the same is given to the lowest bidder. October 4, 1917
07- 144 County Auditors have the power, and it is their duty to examine all claims and determine the reasonableness of the amount charged. Should the charge be excessive he should audit the claim and allow it for such an amount as he may determine a reasonable charge. October 4, 1917
07- 145 The State Examiner has the power and it is his duty to examine property and assets of private banks and bankers and to either approve or disapprove the same. October 6, 1917
07- 149 State Auditor should issue warrant to City Treasurer under Section 3, Chapter 129, Session Laws of 1911 as amended, and not to Treasurer of Fire Department Relief Association. City Treasurer not held liable for report under Section 6 when no relief association has been organized. October 10, 1917
07- 150 Unless public highways existed across land of settler on July 1, 1895, there can be no highway there at present by adverse use or prescription. The strip of land along exterior section lines reserved for public highway does not become a public highway merely by such reservation, but must be so ordered by County Commissioner or requested by Water Company and approved by Carey Land Act Board. A settler may fence all of his land until a highway has been established. October 10, 1917
07- 153 The board of school trustees of a school district of the first class has authority to install a course in compulsory military drill in the district high school. October 13, 1917
07- 154 Trustees may provide for night schools, but gratuitous instructions from public school fund confined to persons between 6 and 21 years of age. October 20, 1917
07- 155 From the time of the adoption of the 1907 Codes, up to the 2nd day of March, 1911, when Sec. 4073 was repealed by Chap. 67, Session Laws 1911, Insurance Companies were required to pay taxes on real estate and personal property owned by such companies and also taxes on excess premiums collected at the same rate as on personal property but since March 17, 1911, under Chap. 148, Session Laws, 1911, such companies have been required to pay taxes on real estate and personal property owned by such companies and also one-quarter of one per cent on their gross premiums. October 23, 1917
07- 157 A Board of Trustees have the authority to employ a teacher, furnish books, and temporarily maintain a new school without a vote of the electors. This would not include the right to locate a permanent site for the school house. November 2, 1917
07- 158 An employer under Plan II of the Act is liable for the payment of compensation to an injured employee in case the insurance company becomes insolvent. Upon the cancellation of an insurance policy an employer may then come under Plan I or Plan III of the Act. November 5, 1917
07- 163-8-1 A defendant on making special appearance must pay the Clerk of the District Court a fee of $2.50 November 8, 1917
07- 163-8-2 A school district has no authority to expend school funds for the purpose of building a teacherage. November 8, 1917
07- 165 The fee for filing, recording and indexing an assignment of real estate mortgage and a United States patent is thirty cents for the first folio, fifteen cents for each subsequent folio, or fraction thereof, and ten cents for each entry in index. November 17, 1917
07- 167 The Sheriff of a County is limited by law to the sum of fifty cents per day for the board of a county prisoner notwithstanding the fact that it costs more than that sum per day to feed said prisoner. November 19, 1917
07- 171 Under Section 2065 of the Revised Codes of 1907 as amended by Chap. 109 of the Laws of the 12th Legislative Assembly in order that any county may be charged with the burial of any soldier, a sailor or marine, the said soldier, sailor or marine must have died and been buried in such county under the direction of some person designated by the County Commissioners. November 30, 1917
07- 173 When the proceedings of the Board of County Commissioners ordering a railroad crossing to be constructed by a railroad company in accordance with Chap. 65, Laws of 1913, has been certified to the Railroad Commission and demand is made upon the Commission for the enforcement of the order, the Railroad Commission has the authority to order a hearing for the purpose of determining whether or not such a crossing is necessary. December 12, 1917
07- 174 The various counties are liable for the actual traveling expenses of the Deputy Sealers of Weights and Measures in the performance of their official duties. December 12, 1917
07- 175 If an administrator withdraws from an estate having paid the fee of $5.00 for filing of his petition, the second administrator should not be required to pay a fee of $5.00 for filing his petition. December 13, 1917
07- 176 Compensation should be paid to resident enemies and allies of enemy until the issuance of a presidential proclamation to the contrary. As a compensation due individuals resident within territory of an enemy or ally of an enemy full report should be made to Alien Property Custodian. December 14, 1917
07- 180 The Board of Railroad Commissioners have the power and authority after notice and hearing to compel railroad companies to construct spurs, not exceeding two miles in length, at stations. December 14, 1917
07- 182 The Live Stock Commission is without authority to proceed against estray sheep in any manner. December 14, 1917
07- 183 1. Money may be transferred from the General Fund to the Poor Fund at the end of the year if there is a surplus in the general fund. 2. Where there is a surplus in the Bridge Fund the same may be used to pay outstanding registered warrants of the Road Fund. 3. Where the general fund has a surplus such surplus may be used to take up and pay off outstanding funding bonds. December 18, 1917
07- 184 Held that Chap. 17, Laws of the Fifteenth Legislative Assembly is constitutional; that the same does not apply to mail order houses and to so-called "drop shipments." January 11, 1918
07- 186 Compensation should be paid on account of death occurring six months after the happening of the accident, such accident being the proximate cause of the death. January 12, 1918
07- 187 Before any person shall be allowed to hunt for, trap, shoot or kill beaver in the state he shall first obtain a special license from the State Game Warden and thereafter report to said Game Warden as required by the game laws. December 12, 1918
07- 189 A Board of County Commissioners has no authority to purchase an automobile to be used for the purpose of viewing and inspecting road and bridge work. January 15, 1918
07- 190 Board of County Commissioners may appoint the Secretary of the Board to gather data and statistics and to have general supervision of the work of advertising the county's resources but the entire matter and general supervision must be directed and controlled by the Board and claims for work and material must be presented and allowed as other claims against the county. January 15, 1918
07- 191 All public moneys in possession of the County Treasurer should be deposited in bank except such as may be required for the ordinary transaction of the business of his office, and all sums so deposited shall bear interest at two and one-half per cent (2 1/2%). January 25, 1918
07- 193 Held that under statement of facts the deductions made by the bank were not proper and only such losses as were actually sustained and charged off within the year may be deducted. February 11, 1918
07- 194 The State of Montana is not liable for an injury received by a machinist while riding with his employer in an auto race at the State Fair. February 27, 1918
07- 195 Members of the House or Senate of the Fifteenth Legislative Assembly are not eligible to appointment under the Council of Defense Act. March 2, 1918
07- 197 1. It is mandatory on corporations and employers to collect poll-tax from their employees when demand is legally made upon them by the County Assessor. 2. A corporation or employer cannot be required to fill out the poll tax receipts when such tax has been deducted from the amount due an employee; upon such deduction being made it is the duty of the employer to transmit the amount collected with the name of the employee to the County Assessor whose duty it is to deliver to the employee a proper receipt for such amount. 3. A corporation or employer is entitled to no commission or compensation for the collection of such poll tax. March 2, 1918
07- 198 It is the duty of the Board of County Commissioners to require a bond in an equal amount to the money deposited by the County in such bank and conditions might arise where the Board should require a bond to a greater amount than the sum on deposit. March 2, 1918
07- 199 Chap. 65 of the Laws of the Fifteenth Legislative Assembly applies to range stock as well as live stock kept in a herd or in a pasture. March 4, 1918
07- 201 Construction of Sec. 2720, Rev. Codes of 1907 with reference to statement of facts submitted. March 8, 1918
07- 204 Different sections relating to escheated estates reviewed and conclusions given as to when the same may be transferred to the general fund. March 14, 1918
07- 206 Sections 1 and 2 of Chap. 172 of the Session Laws of 1917 construed. March 16, 1918
07- 209 Held that the provisions of Sec. 3, Chaper 145 of the Session Laws of 1917 must be followed in the election of directors of Road Districts created under the provisions of said Chapter 145. March 30, 1918
07- 210 A Board of County Commissioners have authority to allow a higher wage than provided for in Chapter 172 of the 1917 Session Laws for skilled labor on highways. April 18, 1918
07- 212 For the purpose of determining whether or not a County Superintendent is authorized to appoint a Clerk under Paragraph 19 of Section 302 of the School Law, a rural teacher would be considered as one teaching in the country as distinguished from one teaching in the city. The determination of this question will depend upon the special circumstances of each case. April 29, 1918
07- 214 Chapter 145 of the 1917 Session Laws construed. May 8, 1918
07- 218 The basis of the apportionment of high school funds in counties not having a county high school is the actual number of days attendance for the year preceding. If a scholar is not in attendance for any cause, he cannot be construed to be in attendance, altho absent on account of farm labor or an epidemic. May 16, 1918
07- 219 A surplus in the general school fund to the credit of a school district, after providing for the expenses of not less than nine months school, on a vote of the qualified electors of the district, may be used for the purpose of erecting new buildings. May 16, 1918
07- 220 A person holding land under a contract for purchase is a freeholder within the meaning of Chapter 93 of the 1917 Session Laws. July 2, 1918
07- 221 Section 10 (a) requiring a claim to be presented within six months, does not require that a formal written claim for compensation be presented to the Board. June 6, 1918
07- 226 Funding Bonds may be issued and exchanged for outstanding county warrants even though the same exceed $10,000 in amount, without submitting the proposition to the vote of the qualified electors of the county. June 10, 1918
07- 230 It is unlawful for Fraternal Benefit Associations to insure children under 16 years of age in this state. June 21, 1918
07- 233 Certain provisions of Chapter 79 of the 1917 Session Law construed. June 25, 1918
07- 237 An electric light company has the right to install, under reasonable regulations, its own meters, and if the consumer resists the installation of the same, the company may discontinue service to such consumer. June 29, 1918
07- 238 All employees of a public corporation engaged in a hazardous employment and, if such public corporation is conducting a business or is engaged in work classified as hazardous, all of the employees in that work or in that department are under the Act. In most cases the determination of the question of whether or not an employee is under the Act depends upon the facts. June 29, 1918
07- 245 When a vacancy exists in the office of Custodian of the Records of the Grand Army of the Republic, the Department Commander may recommend a suitable person for the position and it is the duty of the Governor to appoint the person so recommended but when no vacancy exists the Department Commander cannot recommend a person to be appointed custodian, and by such recommendation compel the Governor to remove the person then occupying such office and appoint the person so recommended thereto. July 15, 1918
07- 247 Held that in the case submitted it would be necessary to first submit the question to electors before the highway could be built or improved. July 17, 1918
07- 248 A teacher employed under a contract providing for a certain number of days of actual teaching would not be required to make up for time lost because of holidays. See Section 807 of the School Law. July 27, 1918
07- 249 The amount already due a teacher for services rendered under contract of employment at time of creation of new district should be considered in apportioning funds between old and new school districts, and amount to become due for services to be rendered would not be considered an indebtedness within the meaning of Section 405 (3) of the School Law. July 29, 1918
07- 251 It is mandatory upon the Board of County Commissioners, upon being advised by the Trustees of the several school district maintaining high schools of the amount required for maintenance, there being no county high school, to levy a tax not exceeding three mills upon the taxable property in the county sufficient to raise the total amounts required by such school districts. August 2, 1918
07- 253 A candidate for office, whose completed petition has been filed within the time provided by law may be considered to have withdrawn only "in case of death of the candidate of his removal from the state or his county or electoral district before the date of the ensuing election, but in no other case." August 10, 1918
07- 254 If a County Attorney absents himself from the state for any period of time whatever without the consent of the county commissioners, the office becomes ipso facto vacant and the Board of County Commissioners may fill the vacancy by appointment. The Board may however, give their consent to the absence of such officer for a period not to exceed sixty days but no longer; in which case, the office could not become vacant until the expiration of such period. A member of the legislature cannot be legally appointed to the office of county attorney during the period of time for which he was regularly elected as a member of the legislature. September 14, 1918
07- 256 One who holds the office of Police Judge and also the office of Justice of the Peace, is entitled to the regular fees prescribed by statute for services as Justice of the Peace. September 17, 1918
07- 257 In case agreement between trustees and teacher is silent upon matters of payment of salary in case schools are closed on account of an epidemic disease, and schools are closed by order of the Health Officer because of an epidemic of influenza, and a teacher holds himself in readiness at all times during which the schools are so closed to resume his duties at any time, such teacher is entitled to be paid the salary provided by his contract during all of the times the schools are so closed. November 6, 1918
07- 266 The letting of a contract for the construction of a bridge or road upon a cost plus basis is not permissable under our laws providing for the letting of public contracts upon competative bidding. November 12, 1918
  • 17 October 2018
  • Author: Lund, Debra
  • Number of views: 1327
  • Comments: 0
Categories: Uncategorized
Tags:
Print