Attorney General’s Opinions

Volume 13

Page Held Date
13- 3 Our statute does not prohibit a foreign corporation from using a name similar to another foreign corporation. December 6, 1928
13- 4 A teacher who had earned retirement before amendment to Section 1117 R.C.M. 1921 in 1927, is entitled to retirement salary upon paying the amount required before amendment. December 6, 1928
13- 4 A dealer in dairy products who registers name, brand or trademark with State Department of Agriculture, Labor and Industry, is entitled to exclusive use of same. It is an infringement for other dealers in dairy products to use same name, brand or trade mark, even though combined with other words, in conduct of business dealing in similar merchandise. December 7, 1928
13- 6 The State Board of Land Commissioners may not invest any of the funds covered by Chapter 6, Laws of 1923 in warrants drawn on highway trust fund. December 7, 1928
13- 6 The issuance of treasury notes and the receipt of money therefor constitute banking as defined by statute. December 18, 1928
13- 8 In view of the fact that our statutes do not explicitly authorize the board of county commissioners to act on its own motion the board should act on a petition when abandoning a highway. December 22, 1928
13- 11 Indians, though citizens, if wards of the government, are not entitled to aid from the county when indigent. December 24, 1928
13- 12 A husband unheard of for seven years is presumed to be dead and the wife is entitled to a mother's pension unless presumption is overcome. December 24, 1928
13- 12 A city can provide by ordinance for the sale of cemetery lots and place part of the money received from the sale of the lots in a fund, the income from which is to be used for the purpose of perpetual care of said lots. This fund would have to be handled by the city council and not by the cemetery board. December 27, 1928
13- 12 Where a foreign corporation enters into a contract in the state of Montana the nature of which requires the corporation to carry on its actual business in Montana this constitutes doing business in the state as contemplated by section 6651 R.C.M. 1921. January 12, 1929
13- 14 A district judge may not order a person confined to the state prison pending proceedings against him on a criminal charge. December 27, 1928
13- 14 All dairies selling milk or cream are required to pay a license fee. December 28, 1928
13- 16 The activity of an insurance company in advocating legislation affecting the public health which might be the subject of partisan politics and closely allied with the political fortunes of candidates or political parties would be in violation of section 6285 R.C.M. 1921. January 17, 1929
13- 18 County treasurers are not required by law to attend state conventions of county treasurers and are not entitled to expenses from counties. January 18, 1929
13- 19 Where slash hazards are removed by officer the lien provided for attaches to the land and there is no personal liability on the land owner unless he personally created the hazard. January 19, 1929
13- 20 Warrants for expenses of collection and enforcement of gasoline dealers license tax and for gasoline refunds may be registered. Warrants issued for the purposes mentioned in house bills 301 and 302, laws of 1927, may not be registered but may only be issued when there are moneys in the highway fund available for their immediate payment. January 23, 1929
13- 27 Question of issuing county bonds for the purpose of building a jail was properly submitted to the general electors of the county rather than to taxpaying electors, notwithstanding provisions of chapter 98, laws of 1923, said statute being unconstitutional insofar as it relates to state and county elections. January 25, 1929
13- 29 A County Treasurer must accept payment of a royalty tax from the several owners notwithstanding that all royalty taxes are assessed to operator. January 28, 1929
13- 31 A county is responsible for bridges in any city or town leading over a natural stream from one part of the county to another of such county subject to the right to require the city or town to pay for replanking, paving, etc., and the city or town is responsible for the approaches to the bridge. January 29, 1929
13- 32 A majority of the City Council is sufficient to pass a resolution and ordinance at an adjourned regular meeting for a refunding bond issue. January 31, 1929
13- 33 Under Section 25 of Article V of the Constitution a section constituting a part of a law may be amended and the reenactment and republication of the section as amended complies with the constitutional provision, and it is not necessary that there should be a reenactment and republication of other sections not affected by the amendatory act. February 1, 1929
13- 35 The limitation found in Section 1 of Chapter 134, Session Laws of 1927 that certain securities acceptable by the County Treasurer to secure deposits of public funds may be accepted by him at not to exceed 90% of their market quotation refers only to corporation bonds issued in the United States and quoted on the New York stock exchange, and does not apply to bonds and securities of the United States government and its dependents, and bonds and warrants of the State of Montana, or any county, city, town or school district, the latter being acceptable at their face value. February 2, 1929
13- 37 An indigent person is not precluded from changing his residence from a county contributing to his support to another but is not entitled to apply for support except in extreme necessity until 60 days after change of residence. February 18, 1929
13- 38 Funds received from normal school lands are divisible between the several normal schools in the discretion of the legislature. February 27, 1929
13- 40 An employee not reported on payroll is not deprived of benefit of Workmen's Compensation Act. March 1, 1929
13- 42 County commissioners are required to public in a newspaper a list of all claims allowed and a fair summary of their minutes under section 4465 R.C.M. 1921, as amended by chapter 54, laws of 1927. March 4, 1929
13- 43 All licenses for operating motor vehicles expire January 1st. The penalty of 10% added after April 30 does not relieve those operating prior to such date and subsequent to January 1st of the penalty of section 1762 R.C.M. 1921. March 7, 1929
13- 44 Although there be no candidates for the offices to be voted upon, nevertheless the voters have the right to vote for persons to fill the offices by writing in the names of persons for whom they desire to vote. They may not be deprived of this right merely because no one is an avowed candidate. The holding of city elections as provided in section 5003 R.C.M. 1921 is mandatory. March 9, 1929
13- 46 All cash and moneys on hand of a state bank are a part of its moneyed capital which is taxable upon 30% of its full and true value. Shares of federal reserve bank stock owned by member banks are not subject to taxation to the banks but the value of such stock may be considered in determining the value of the stock of the bank owning said federal reserve tock which share of stock in the member bank are assessable to the share holders, and this applies to national as well as state banks. March 23, 1929
13- 49 The selling of dressed meat from a traveling store is dealing in the selling of dressed meats elsewhere than at a fixed place of business and constitutes the operator thereof a peddler as defined by chapter 121, laws of 1927, and he must have a license as such. March 28, 1929
13- 50 Under section 3588 R.C.M. 1921, as amended by section 1 of chapter 174, laws of 1925, if delivery at terminal is demanded by holder of warehouse receipt for grain no shipping instructions are required or should be given by the holder to the warehouseman, said instructions being required only when there is a delivery of the grain at the warehouse and it is loaded by the warehouseman for the owner for shipment on his own account. Where grain is to be delivered at terminal loss in transit is borne by the warehouseman. Where wheat is delivered by the warehouseman to the owner at the warehouse and merely loaded by the warehouseman in cars the shipment to be made by the owner, the warehouseman is not liable for loss in transit unless the loss was due to failure to follow the shipping instructions given by the owner. March 31, 1929
13- 52 Patent should be recorded though it does not contain the postoffice address of the grantee, a patent not being a deed within the meaning of house bill 19 of the twenty-first legislative assembly. Deeds and real estate mortgages executed after July 1, 1929, not showing postoffice address of grantee or mortgages should not be accepted for recordation. Those executed prior to July 1, 1929, should be accepted for recordation though they do not contain the postoffice address of the grantee or mortgagees. Assignments of real estate mortgages executed subsequent to July 1, 1925, should not be accepted for recordation if they fail to contain the postoffice address of the assignee. If executed prior to July 1, 1925, they should be accepted and recorded though they do not contain the postoffice address of the assignee. April 3, 1929
13- 54 House bill 219 of the twenty-first legislative assembly entitled: "An Act to Permit the Erection and Operation of Residence Halls at State Educational Institutions," and providing for borrowing money by the local executive board of the state university at Missoula and for the pledging of the rents and income derived from residence halls for the purpose of erecting new residence halls, held to be unconstitutional for the reason that the title to the same did not clearly express the subject of the legislation as required by section 23 of article V of the constitution; and for the further reason that said bill authorizes the creation of a debt against the state without submitting the question to the people at a general election as required by section 2 of article XIII of the constitution. April 4, 1929
13- 60 A foreign automobile association is not entitled to do business in Montana where by the terms of its contracts with its customers it agrees to defend persons against future violations of the law in terms broad enough to cover intended violations and where the contracts tend to encourage litigation and minimize the necessity of observing the laws and ordinances relating to automobile traffic and by which contracts the corporation would have to engage in the practice of law in Montana to fulfill its obligation. April 6, 1929
13- 63 A corporation operating several different stores in different counties of the state must secure a state license for each separate place of business wherein cigarettes are sold. April 9, 1929
13- 65 A deputy county treasurer is not required by law to furnish an official bond to the county, but his principal, the county treasurer, may require the deputy to furnish a bond for the treasurer's protection. The premium on such a bond is not a charge against the county under section 6236 R.C.M. 1921, as amended by chapter 145, laws of 1923. April 10, 1929
13- 66 That part of senate bill 46, laws of 1929, which sought to amend subdivision 10 of section 4465 R.C.M. 1921 as theretofore amended is unconstitutional, the subject of said amendment not being expressed in the title of the bill. In selling county property acquired by tax deeds county commissioners should follow senate bill 105 in cases where the value of the property is in excess of $100; if under that value they should dispose of it according to subdivision 10 of section 4465 R.C.M. 1921, as amended, disregarding subdivision 10 of senate bill 46 of the twenty-first legislative assembly. April 11, 1929
13- 69 Method provided by house bill 17, laws of 1929, for obtaining tax deed is in addition to other methods provided by law. It applies, however, only in cases of property sold after March 11, 1929, the effective date of said house bill. April 11, 1929
13- 71 Neither the state board of education, the state board of examiners nor the local executive board of the university have authority to permit the erection upon the campus of a residence hall by a Greek letter sorority, to be used by it as a chapter house. The local executive board of the state university may not assume a trusteeship in connection with private enterprises. Private buildings may not be built upon the university campus. April 17, 1929
13- 76 A prisoner confined in the state penitentiary and returned to a county as a witness in a criminal case is entitled to witness fees but not mileage where he is returned at the expense of the county. April 17, 1929
13- 76 Chapter 148, laws of 1929, repeals the prior existing county budget law. Between March 15, 1929, and the end of the fiscal year--June 30, 1929--there is not county budget law in effect, the new act applying only to budgets to be made up in future years commencing with the fiscal year beginning July 1, 1929, and the said new law containing no saving clause as to the prior existing law. May 4, 1929
13- 78 Chapter 140 of the acts of the twenty-first legislative assembly does not authorize school trustees to issue warrants in excess of the available funds of the district and of the amount of taxes levied for the school year ending June 30, 1929. The provisions of said chapter relating to the issuance of bonds to fund warrants outstanding July 1, 1929, are unconstitutional, said provisions not being embraced within the subject expressed in the titles of the act as required by section 23, article V of the constitution. May 7, 1929
13- 85 The county superintendent of schools is entitled to expense for her meals in addition to the charge made for her automobile used in visiting schools. May 8, 1929
13- 86 Chapter 88, laws of 1927, amending section 1760 R.C.M. 1921, as amended by chapter 107 of eighteenth legislative assembly, held to be constitutional against objection that title of bill is insufficient to clearly express subject of the amendment providing that county commissioners may use moneys derived from registration fees for motor vehicles for the construction, repair and maintenance of all public highways within the county, including city streets, forming component parts of arterial highways within the corporate limits of cities in the county. May 9, 1929
13- 90 Districts maintaining no high schools are not authorized to transport high school pupils to another district except where high school is closed. There is no statutory authority for a school district to transport high school pupils from another district to a school within its own district. If a district does so, to the detriment of its own district, taxpayers therein could enjoin it from so doing. Whether the district from which said pupils are transported by the other district would have a legal cause of action against the transporting district is dependent upon the question of whether any actionable detriment is caused such as would give legal cause for complaint. May 15, 1929
13- 93 A person who has received a permit "to teach until the next regular examination" is entitled to teach thereunder until the examination has been held and it is determined by the state board of educational examiners whether he has passed the examination. May 16, 1929
13- 94 Interest on each of funds mentioned in opinion goes to such fund. The special provisions in each case, as stated in opinion, govern as against general statute carried forward from time to time by amendatory legislation. May 16, 1929
13- 97 The individual interests of tenants in common of real estate may be separately assessed to the owners. Assessment to one or all of them jointly without designating each owner's individual interest is valid after the property has been sold and is sufficient to sustain the same. If a separate interest has been assessed all that could be sold would be the separate interest and the person whose interest has been sold may redeem the same whether his co-owners redeem their interests or not. No redemption can be made of an undivided interest where that undivided interest was not separately assessed. May 18, 1929
13- 99 Under section 6, chapter 57, laws of 1927, a building and loan association is authorized to commence business when 5% of the authorized capital stock has been subscribed and not less than $2,500 paid in cash. It is the duty of the superintendent of banks to issue the certificate when the association has complied with this requirement, together with the other things required by the statute. May 23, 1929
13- 101 Cash on hand is taxable to building and loan association as personal property. Money on general deposit in banks is taxable to the association as credits. Other deposits that are included in a contract in writing for repayment are taxable as a part of the moneyed credits of said association. May 27, 1929
13- 104 When property has been sold to the county at a tax sale and it is redeemed under section 2234 R.C.M. 1921, as amended by chapter 164, laws of 1929, it is the duty of the county treasurer to apportion and prorate the original tax, penalty and interest, as provided for in said section as amended, and to credit the same to the respective funds and to remit to the state its share without the state treasurer filing a claim with the county therefor. May 29, 1929
13- 105 It is the duty of the governor and the state treasurer under section 30 of article V of the state constitution to approve all contracts entered into by the purchasing agent relating to stationery, printing, paper, fuel and lights used in the legislative and other departments of government and the printing and binding and distribution of the laws, journals and department reports and other printing and binding and the repairing and furnishing the halls and rooms used for the meeting of the legislative assembly and its committees. No such contracts are valid without the approval of said officers. May 29, 1929
13- 110 It is the duty of the county to furnish the court stenographer with stationery and supplies in the instances mentioned in the opinion as being necessary to the transaction of business by the court but as to stationery and supplies used by the court stenographer for the furnishing of transcripts to others than the judge there is no law requiring the same to be furnished by the county. He must furnish these himself. June 11, 1929
13- 112 Shares of stock in a building and loan association are assessable to the owner thereof as provided by chapter 62, laws of 1929. If the owner fails to disclose the stock it may be assessed in the manner provided by section 2007 R.C.M. 1921. June 11, 1929
13- 113 The requirements of chapter 145, laws of 1929, relative to an extra levy to carry on school from July to November of the succeeding year is mandatory. The levy must not exceed 10 mills except for the year 1930 for which year 3 mills additional shall be levied when necessary. June 19, 1929
13- 114 The meaning of the term "general circulation" must be determined by a process of inclusion and exclusion and a newspaper having a paid circulation of only 163 paid subscriptions cannot be held to have a general circulation in a county having a population of several thousand. June 21, 1929
13- 116 The sheriff is not entitled to demand an indemnity bond when levying an execution upon personal property unless a third party claim has been filed in the form provided by the statute. A third person claiming the property but refusing to file a claim as required by law may not maintain action for damages against the sheriff because of the levy. Indemnity bond given to the sheriff by the execution creditor though not demandable by the sheriff under the circumstances stated in the opinion held to be a valid obligation. June 21, 1929
13- 121 When a town having no firemen's relief association is disincorporated the disability fund of the fire department, when there are no outstanding claims against it, should be used as other funds of the municipality for the liquidation of the indebtedness of the city or town. June 21, 1929
13- 123 The salary of a deputy county superintendent of schools is fixed by statute at $125.00 per month. The salary of the clerk in the office of the county superintendent is to be fixed by the board of county commissioners at such amount as they deem reasonable compensation for the duties performed. June 21, 1929
13- 125 Section 970 R.C.M. 1921, as amended by chapter 65, laws of 1929, is not retroactive. School districts that have maintained school by providing for schooling their pupils in an adjoining district for two or more years are not subject to abandonment under chapter 65, laws of 1929. June 25, 1929
13- 127 A railroad company is required to construct at its own expense a crossing when a highway is laid out subsequent to the construction of the railroad and crosses the same. The crossing includes the approaches thereto. June 27, 1929
13- 128 Where conditional sales contracts are executed in duplicate or triplicate each is an original and entitled to be filed as such. Contract filed should be identical with those not filed. If one of the contracts is stamped "original" the one filed must be likewise stamped; otherwise it is not an exact counterpart of contract not filed. June 29, 1929
13- 130 Road warrants issued since May 1, 1923, cannot be refunded without a vote of the electors of the county. The budget act of 1929 requires estimates for interest and debt redemption of bonds and warrants. A levy for paying registered warrants should be made under this classification and not under road fund levy. July 2, 1929
13- 132 Cash on hand sufficient to erect a courthouse to cost more than $10,000 cannot be expended for such purpose without a vote of the electors. Expenditures for $10,000 or over for current expenses may be made, although for a single purpose, without a vote of the electors. July 2, 1929
13- 134 Proper filing fee for releases of chattel mortgages and conditional sales contracts is fifty cents unless release is by marginal notation in which case fee is twenty-five cents. Proper filing fee for conditional sales contracts is fifty cents. An assignment of a conditional sales contract may not be filed. July 3, 1929
13- 135 The state treasurer is not required to issue his official receipt for anything but legal tender. Checks credited to a fund may not be charged back against it if not paid upon presentation to bank on which they are drawn. July 6, 1929
13- 136 The county commissioners may employ a special agent for the purpose of collecting notes given the county under the drouth relief act of 1919, and such agent need not be employed as a deputy. July 8, 1929
13- 137 County commissioners cannot collect fees and mileage for valuing and selling county lands obtained through tax title nor employ one of their members to do this work, but have authority to employ a special agent to do this work. July 8, 1929
13- 139 When at the time of the father's death he is a resident of another state, the mother is not entitled to a mother's pension upon becoming a resident of Montana. July 8, 1929
13- 140 The duty of collecting poll tax is imposed upon the county treasurer and the county commissioners have no authority to employ or pay a commission for this work to a corporation, person or individual for collecting the same from employees of a corporation. July 8, 1929
13- 141 A defendant in condemnation proceedings instituted by the state is not required to pay a stenographer's fee as provided for by Section 8932 R.C.M. 1921, the said section relating only to civil actions and not special proceedings. The defendant in such actions cannot be taxed with the appearance fee or fee for entering judgment. These must be paid by the party seeking to condemn and when the state is the plaintiff in the action it is not chargeable with said fees by virtue of statute and therefore no charge should be made either to the state or to the defendant for said fees. July 10, 1929
13- 144 The sinking fund money of county high schools should be invested by the county commissioners under the provisions of Chapter 86 of the Session Laws of 1923. July 12, 1929
13- 145 Section 4536 R.C.M. 1921, and related sections, are applicable to all honorably discharged soldiers, sailors, marines and nurses, regardless of whether such persons died with or without sufficient means to defray funeral expenses. Where a person has been appointed to cause the burials to be made only such expenses as are incurred by said person in the discharge of his duties are a charge against the county. The expenses must not exceed $150, and the county commissioners must allow the expenses where they do not exceed that amount. A family may not make a contract with an undertaker to perform burial services and thus create a charge against the county for $150. Method of handling the payment of these expenses stated in opinion. August 1, 1929
13- 145 A community dance within the meaning of Chapter 131 of the Session Laws of 1929 is one which is given by the people of a community or neighborhood as a community or neighborhood project or function as distinguished from a dance that is given by an individual, individuals, association or corporation as his, their, or its enterprise. July 17, 1929
13- 147 When a sheriff makes a trip outside of his county for the return of fugitives he is entitled to his actual expenses. Where travel is by railroad the fare paid, sustenance, and such other reasonable expenses as are necessarily incurred to effect the return of the fugitive are actual expenses. Where travel is by automobile, in lieu of the railroad fare, he is entitled to receive such a sum per mile as the board determines constitutes the actual expense of the automobile. August 5, 1929
13- 149 There is no duty imposed by law upon the board of trustees of a county high school to advertise for bids when repairing county high school buildings inasmuch as neither Section 1016 R.C.M. 1921, nor 1301 R.C.M. 1921, applies to trustees of county high schools. August 5, 1929
13- 151 Tax sales are strictly statutory proceedings and statutes prescribing conditions precedent must be strictly followed. Tax sale by county of realty previously sold to county at tax sale within thirty-six months is invalid. County commissioners are without power to refund money paid to county at invalid tax sale until such invalidity has been established as provided in Chapter 131, Laws of 1927. August 6, 1929
13- 153 Where land was assessed for 1920 but no tax sale was had for that year and the land was subsequently sold at a tax sale for taxes for subsequent years the lien of the 1920 taxes is destroyed by the issuance of a tax deed upon the sale held for taxes subsequent to that year. If the land is redeemed from the outstanding tax certificates the 1920 taxes would still remain a lien upon the land. Where there are no delinquencies subsequent to the year 1920 the lien of the taxes for that year would remain upon the land and the county has an enforceable lien therefor. August 8, 1929
13- 155 A railroad can be compelled to construct and maintain at its own expense a grade crossing over its right-of-way for a highway laid out subsequent to the railroad without first being compensated for an easement for the passage of the highway under Section 6625 R.C.M. 1921, which section is a valid and constitutional enactment. August 8, 1929
13- 162 A foreign trust company organized under the laws of a foreign state may not be admitted to act as a trustee in Montana, the banking act excluding such companies. August 9, 1929
13- 164 Under the facts stated in the opinion the county high school board is without power to rent rooms in the dormitory to private persons not connected with the high school, the power to rent school buildings for public entertainment being a limitation upon, as well as a grant of power to, the school board. August 9, 1929
13- 166 Subsection 5 of Chapter 144, Laws of 1929, relates only to those moneys which are raised by levy for school purposes for the period from July 1st to November 30th of the year succeeding that in which the levy is made and it does not prevent a school district from registering warrants for services rendered during the school year 1928-29, and paying them, together with other outstanding registered warrants, in the order of registration from the general fund of the district arising during the subsequent year from sources other than by the amendment to Section 1203 R.C.M. 1921, by Chapter 145, Laws of 1929, relating to the making of a levy in one year for use during the period from July 1st to November 30th of the succeeding year. August 19, 1929
13- 168 The board of school trustees is not liable as such for injuries resulting to pupils being transported in a school bus operated by a third person under contract with the school board as provided by law. The members of the board are liable as individuals if in letting the contract they fail to exercise reasonable care and diligence in the selection of a competent driver and safe conveyance, or if injuries arise from causes the existence of which the board as such had notice prior to the accident and by reasonable diligence could have remedied but failed to do so. August 20, 1929
13- 169 Boards of county commissioners have authority to employ an accountant in counties not having an auditor to make an audit of the books of county officers when such is reasonably necessary for the board to discharge its duties under paragraph 1 of Section 4465 R.C.M. 1921, notwithstanding the fact that the information thus procured might likewise be obtained by the state examiner in the discharge of his official duties. If such state examiner has already acquired such information the employment of an accountant would not be necessary to the discharge of the board's duties. Where an original audit is required to obtain such information the commissioners are not obligated to call upon the state examiner to make a special examination. August 21, 1929
13- 171 To comply with Chapter 29, Section 4, Laws of 1927, it is not necessary to publish the notice of the holding of the roundup for three weeks prior to the thirty-day period before such roundup. The thirty days mentioned in that section begin to run from the date of the first publication of the notice and the roundup may be held thirty days after the first publication. August 28, 1929
13- 173 When several land owners are desirous of having their lands embraced in an existing herd district, and such lands of all owners when considered as a tract lie contiguous and adjoining the existing herd district, the tract may be added to the district upon the petition of the owners even though the land of one owner alone lies contiguous and adjoining at the time of the petition. August 31, 1929
13- 174 Since the enactment of Chapter 100, Laws of 1929, a tax deed does not convey the property free of the lien of special and local improvement assessments payable subsequent to the execution of the tax deed, said assessments by virtue of said chapter remaining a lien upon the property. This applies, however, only to sales made after the passage and approval of said chapter. August 31, 1929
13- 177 Petition for the creation of a herd district may not include Indian lands, the title to which has not been extinguished in the United States. September 13, 1929
13- 178 Trade name authorized to be registered in the office of the Secretary of State must denote goods handled by the persons desiring to register the same. The names "Used Car Market" and "General Used Car Market" designate a business or place of business or a name for the transaction of business and are not subject to registration in the office of the Secretary of State. The words "Used Car Market" may not be exclusively appropriated by any person. September 18, 1929
13- 180 Manner and method of using sinking fund of school districts for the redemption of school district bonds and the transfer of sinking funds to general funds stated in opinion. October 4, 1929
13- 181 The County Attorney or County Assessor is not prohibited by statute from acting as a local agent of a fire insurance company and receiving for his own use part of the premium paid by the county covering insurance upon property belonging to said county. October 15, 1929
13- 182 One purchasing tax sales certificate from county need not pay special improvement district assessments after the date of the certificate and up to the time of the issuance of tax deed. October 15, 1929
13- 184 A county is required to furnish school district with supplies under Chapter 34, Laws of 1923. October 16, 1929
13- 184 Moneys paid to a County Treasurer for redemption of property from a certificate of sale which has been assigned to an individual are not county funds and the right of the person entitled to receive them does not constitute a claim against the county. No claim therefor need be filed with the Board of County Commissioners and be approved by the Board as a condition precedent to its payment by the County Treasurer. Such funds are trust funds and need not be paid by warrants but may be paid in specie or by treasurer's check if he has deposited them in a bank in a separate fund. October 17, 1929
13- 186 Moneys paid by attaching creditor to the count treasurer for the benefit of a chattel mortgagee under Section 8283 R.C.M. 1921, are not county funds and are not required to be paid by warrants but may be paid by the county treasurer delivering the money in specie to the person entitled thereto or if the money has been deposited in a bank in a separate fund he may pay it by drawing his check against said fund. Such claim does not constitute a claim against the county and the allowance of the board is not a prerequisite to its payment. October 18, 1929
13- 187 The local school board of the district in which is located the House of Good Shepherds, Florence Crittenden Home or State Vocational School has authority to exclude from the public schools of the district girls committed to the said institutions. October 19, 1929
13- 189 Under Chapter 78, Laws of 1929, the right of semiannual payment of taxes is abrogated insofar as special assessments for special improvements in cities and towns are concerned. Only the installment that is due according to the resolution of the council must be paid in full on November 30th. October 21, 1929
13- 191 Where supplies are furnished in one fiscal year and a claim is presented to and allowed by the board within thirty days following the close of that fiscal year, it should be paid from the budget of the preceding year. Where the claim is not actually presented to the board until after said thirty-day period, the claim is not payable from the budget for the preceding fiscal year but provision for its payment should be made in the next ensuing budget. The next ensuing budget is the one that is to be next completed after the claim is found to be lawful by the board. October 26, 1929
13- 193 Under House Bill 337, Laws of 1929, warrants may be registered against the state highway fund so long as the $5,000,000 appropriation therein mentioned is unexhausted by the issue of warrants or transfers to the state highway trust fund. After such appropriation has been exhausted only such moneys as are actually paid into said fund by law in excess of said $5,000,000 and what is needed for the appropriation contained in House Bill 340 and for deficiency transfers to the gasoline license drawback fund provided in Chapter 178, Lawd of 1929, can be used by the highway commission. Warrants may be issued against the state highway trust fund to the extent of any previously made and unexhausted transfer to that fund from the $5,000,000 authorized by House Bill 337 for any purpose for which moneys transferred to match federal aid for construction and reconstruction may be lawfully used. No transfers may be made to state highway trust fund when the amount of warrants issued against the said $5,000,000 appropriation drawn on the state highway fund and transfers from that fund to the state highway trust fund equal said $5,000,000 appropriation. October 31, 1929
13- 196 Bonds issued by school districts, towns, cities, and counties, and held by the state are payable at the office of the state treasurer when paid before maturity, and state treasurer must cancel the bonds so paid in the manner provided by Chapter 3, Laws of 1929. November 22, 1929
13- 197 Use of common school funds for the furnishing of a high school building discussed in the opinion. November 22, 1929
13- 200 Municipal utility operated by cities and towns under commission-manager form of government should make reports to the public service commission conforming to the fiscal year of such cities and towns which is the calendar year. Municipal utilities operated by other cities and towns are to make reports conforming to their fiscal year which is the period from July 1st to June 30th. December 7, 1929
13- 203 Private bank may not hold real estate acquired by conveyance to it in satisfaction of debts previously contracted or purchased at execution sales longer than five years from the date of its acquisition unless permitted to do so by the superintendent of banks. Private banks are limited to twenty-five per centum of their assets in making loans on real estate. December 7, 1929
13- 204 Transfers may be made from other items in the general class of maintenance and operation to the item of witness fees as contained in said classification for the purpose of permitting the payment of witness fees when the amount appropriated for that item has been exhausted. December 10, 1929
13- 205 Farmers and ranchers are exempt from procuring a license under Chapter 69, laws of 1929, where the slaughter and sale is of cattle of their own raising. December 10, 1929
13- 206 Costs may be taxed in two ways: by the court as part of the judgment or by the prevailing party filing his bill of costs, in which event the costs do not become taxed until the five days allowed the dissatisfied party have elapsed and no motion to have the same taxed by the court has been filed. In case the motion is filed the costs are not taxed or ascertained until taxed by the court. December 10, 1929
13- 207 Section 2214 R.C.M. 1921, as amended by Chapter 85, Laws of 1927, provides that a tax deed title cannot be questioned after one year (except for fraud) and when questioned the purchaser may require the person bringing the action to pay all delinquent taxes; hence, a county taking tax deeds even where the sale was not valid, will eventually either secure the delinquent taxes or a good title to the property. December 10, 1929
13- 208 In case property offered at a tax sale is purchased by the county it must be assessed the next year for taxes but cannot be again sold until the time for redemption has expired, but where the property is purchased by an individual or the tax certificate assigned to an individual, the property is not subject to this restriction, and should the taxes for the next year become delinquent, it may again be offered for sale. December 10, 1929
13- 209 Where two banks merge and become one legal entity, then the first bank cannot continue to act as trustee of the securities of the second bank; if, however, the two banks continue to operate as separate legal entities and the only merger is that a third corporation is the holder of stock in both banks, it would be otherwise. December 11, 1929
13- 210 When a credit union association organized under Chapter 105, Laws of 1929, files its articles of incorporation with the secretary of state, he should issue a certificate of incorporation and charge a filing fee of $5.00 for filing the articles and the fee provided by Section 145, R.C.M. 1921, for issuing the certificate of incorporation. December 11, 1929
13- 211 When a county sells real property acquired through purchase at tax sales if the value thereof is reasonably in excess of $100 the board may proceed to sell it according to the method provided in Chapter 162, Laws of 1929, without appraisement by appraisers appointed by the district court. If, however, the reasonable value is less than $100, appraisement must first be had by appraisers appointed by the district court. December 12, 1929
13- 214 School districts are not entitled to interest on school funds held by county treasurer and deposited by him in depository banks under Section 4767, R.C.M., 1921, as amended by Chapter 134, Laws of 1927. December 17, 1929
13- 215 Trailers or semi-trailers of less than one and one-half tons capacity are not required to be registered and licensed under Chapter 182, Laws of 1929. Motor vehicles that have never been registered in Montana, and where registration is first sought to be made between June 30 and September 30, take a fee of one-half the regular fee, and one-fourth of the regular fee if registration is first applied for after September 30. The motor vehicle that has been registered in the State of Montana prior to 1930, is liable for the full regular fee, though as to 1930 or subsequent years application for registration is not made until sometime after June 30th. December 17, 1929
13- 216 The board of county commissioners may not purchase road machinery during one fiscal year and give a certificate of indebtedness bearing interest payable in a subsequent fiscal year; provisions may not be made in budget for following year for the payment of such certificate of indebtedness. December 26, 1929
13- 217 The State or subdivisions thereof may insure its property in a mutual insurance company where the liability of the policy holder is limited without violating the provisions of Section 1, Article XIII, of our State Constitution. January 4, 1930
13- 219 The State or subdivisions thereof may not insure its property in a mutual rural insurance company as the liability of the insured is not limited, and to do so would violate the provisions of Section 1, Article XIII of our State Constitution. January 9, 1930
13- 220 The right of the county treasurer to appoint the sheriff as his deputy for the collection of personal property taxes is not dependent upon the consent of the sheriff to act as such deputy. January 10, 1930
13- 222 A mutual life insurance company, having no capital stock, is required to pay a fee of $50.00 for filing its articles of incorporation, under Section 145, R.C.M., 1921. January 11, 1930
13- 223 County Commissioners are authorized to call a special election for the purpose of submitting to the electors the question of issuing bridge bonds in excess of $10,000 when proper petition therefor is filed with the board. January 16, 1930
13- 225 A constable cannot charge for serving a warrant when the arrest is made by the sheriff, and the only service rendered by the constable is in taking the prisoner from the jail to the magistrate. January 24, 1930
13- 226 A sheriff, when appointed deputy treasurer for the collection of personal property taxes, cannot perform those duties through his deputies. January 27, 1930
13- 227 Method of assessing interest of the purchaser of State lands under contract stated in opinion. January 28, 1930
13- 229 The State board of equalization has authority to increase or decrease valuations of property. Where the valuation complained of is the result of a wrong classification of land, the board on appeal, may change the classification to eliminate the cause of the unjust valuation. Appeals to the State board of equalization by individual taxpayers need not be held within the county affected. Where, however, the board on its own motion contemplates raising or lowering the assessed valuation of one or more classes of property in a county, the hearing must be held within the county. January 29, 1930
13- 230 Under Section 492, R.C.M., 1921, the surety on an official bond may not withdraw from the bond of an officer except when a new bond in lieu of the existing one is furnished, in which case the liability of the surety on the old bond for future acts ceases when the new bond becomes effective. January 31, 1930
13- 231 The chattel mortgagee does not come within the provisions of law permitting segregation of taxes upon personal property. February 15, 1930
13- 232 When a county acquires lands by tax deeds shortly after the first Monday in March, and the lands have not been actually assessed before the county acquires title, they should not be assessed. Where, however, they were assessed on the first Monday in March, or thereafter, but prior to the time the county acquired title, the lien of the taxes, because of such assessment, is merged in the title which the county acquires by the tax deed. February 17, 1930
13- 233 A district high school is merely a part of the district school activities. It is not a legal entity. The income derived from the State permanent common school fund cannot be used for the purpose of maintaining junior college courses. Other funds which are provided by taxation to augment the income received by the district from the permanent common school fund are impressed with a trust for the benefit of the common school fund to the extent that sufficient thereof, in conjunction with the amount received from the State common permanent school fund, will be used to maintain a free public common school in the district for a period of at least three months. To this extent these funds could not be used for junior college work. Only the surplus that remains after providing for a free common school for nine months in each year and excluding altogether the moneys derived from the State common permanent school fund may be used for general college work and then only when authorized by the voters to be used for that purpose. Sections 1302-1309, R.C.M., 1921, relating to junior college courses held indefinite and not capable of being put into operation without further legislation. February 19, 1930
13- 237 The election provided for in Section 5003, R.C.M., 1921, being the annual municipal election, must be held regardless of whether any candidates have filed for the offices to be filled. February 24, 1930
13- 239 The lien for personal property taxes extends to all of the personal property assessed, and where said taxes are not also a lien upon real estate the county treasurer may seize any of the assessed personal property and sell sufficient thereof to make all of the personal property taxes levied against said property together with costs, even though the property has been transferred to a third person subsequent to the first Monday in March. February 25, 1930
13- 241 Under Section 12330, R.C.M., 1921, when a prosecution for misdemeanor is had before a justice of the peace, the prosecuting witness may be assessed with costs if the court certifies in the minutes that the prosecution was malicious or without probable cause. Said section does not apply, however, to preliminary hearings, and there is no authority for the assessment of costs to the prosecuting witness in preliminary hearings. February 27, 1930
13- 243 Where a domestic corporation manufactures products for a foreign corporation and fills the orders of the foreign corporation from the products manufactured in Montana and kept in store by the domestic corporation for the purpose of filling the orders of the foreign corporation, both corporations are engaged in doing business in Montana, and the foreign corporation must file a copy of its charter in the office of the secretary of state. February 28, 1930
13- 244 A county or city in making investments of bond sinking funds under Chapter 86, Laws of 1923, may purchase securities above par if by doing so they secure the greatest return on the investment that is compatible with the safety of the funds invested and the certainty of the prompt redemption of the securities purchased at their maturity. Where more than par is paid for the securities the officers must at all times be able to justify the purchase under the rule above stated. March 10, 1930
13- 246 Where a wrecker service is handled as a part of the business of repairing automobiles and for the purpose of bringing disabled automobiles to the repair shop for repairs, the person so engaged is not a transportation company within the meaning of Chapter 141, Law of 1929. Where, however, a person holds himself out as engaged in the business of hauling or towing disabled automobiles for compensation over the highways as an independent business, and not in connection with services to be rendered by him upon the automobile hauled or towed, such person is a transportation company, within the meaning of the act. March 10, 1930
13- 247 The board of county commissioners does not have authority to accept a deed to real estate in settlement of a debt due to the county. March 11, 1930
13- 249 The lien for all of the personal property taxes extends to all of the personal property assessed and the county treasurer is authorized to seize any and all of the personal property assessed even though it was transferred to a third person since its assessment. Where an automobile is among the assessed personal property, and the lien for the taxes is not also a lien upon real estate, the owner is entitled to receive from the county treasurer the certificate mentioned in Chapter 171, Laws of 1929, upon the payment of the taxes levied only against the automobile, for the purpose of procuring registration with the registrar of motor vehicles. There still remains upon the car, however, a lien for the other personal property taxes, and the car remains subject to seizure and sale for said taxes. March 14, 1930
13- 251 A person applying for registration of his motor vehicle in 1930, is not required as a prerequisite to his right to obtain registration to procure a license for 1929, even though the motor vehicle was operated in this State during the year 1929. Such person may be prosecuted for operating his car in 1929 without a license. April 19, 1930
13- 253 The purchase of the land by the State from the United States, constituting a part of the Fort Assiniboine Military Reservation, was for the benefit of the Northern Montana Agricultural and Manual Training School. Sale of gravel from that part of the land occupied by the Agricultural Experimental Sub-Station was without authority of law. Proceeds from said sale should be credited to the Northern Montana Agricultural and Manual Training School fund, and not to the general fund, nor to the Experimental Sub-Station. April 19, 1930
13- 255 Where trucks registered in another state are brought into Montana for the purpose of being used for sixty or ninety days in connection with contract work, the owners maintaining their residence in the foreign state, they are required to be registered in Montana, the owners thereof not being sojourners within the meaning of the exemption contained in the statute. April 21, 1930
13- 257 Under Section 4631, R.C.M. 1921, surplus moneys in the general fund at the end of the fiscal year may be transferred to the road fund of the county. The budget act does not alter or affect Section 4631 in that regard. April 29, 1930
13- 257 The public funds which are placed in the Fire Department Relief Association by law may not be used for the purpose of purchasing a building for the purpose of housing fire equipment, but may be used only for the purposes mentioned in the statute. April 29, 1930
13- 258 Candidates for municipal offices at a primary nominating election held under the statutes relating to commission form of government for cities are not required to pay filing fees. May 8, 1930
13- 260 A city, though under the commission form of government, may require the county treasurer to collect its taxes when it has not provided for their collection by ordinances. May 19, 1930
13- 262 A municipality has no authority to make a levy against an improvement district for reconstruction of the sidewalks but may proceed to reconstruct the same under the provisions of Section 5242, R.c.M. 1921. May 27, 1930
13- 264 A corporation formed in 1910 for a period of 25 years could have been chartered for a period of 40 years under statutes cited in opinion. June 11, 1930
13- 265 Where sheep are brought into Montana from another state after the first Monday in March, and are taken out of the state before the following first Monday in March, they are not subject to taxation in Montana. June 19, 1930
13- 266 Building and loan associations are not permitted to stipulate with the mortgagor of real property that the property must be insured through a particular insurance agent though the association may require the property, to the extent of the association's insurable interest, to be insured in a particular insurance company. July 18, 1930
13- 267 It is the duty of the county clerk and the two justices called by him to his assistance to canvass the returns of primary nominating elections within three days after the election and to notify the nominees forthwith of their nomination. When this has been done, a person whose name was written on the ballot, and thereby received the nomination, must accept the nomination within ten days after the election. Under the circumstances mentioned in the opinion such candidate was not precluded from accepting the nomination because his acceptance was not filed within said ten-day period. August 1, 1930
13- 270 A candidate of a political party who was defeated at the primary nominating election can run as an independent candidate for the same office though he cannot become a candidate of any other party. August 1, 1930
13- 271 Where at the time of the election of a justice of the peace the law fixed his salary at one of two figures, depending upon population of the township, a change in the population of the township after his election changes the salary in conformity with the law and this does not violate Section 31 of Article V of the Montana Constitution. August 6, 1930
13- 274 Party purchasing automobile from individual after April 30th, which was registered in 1929 and not operated during the year 1930, is subject to the 10% penalty when making application for 1930 license. Person purchasing car during 1929, but failing to register the same until after June 30, 1930, is required to pay the full year rate for 1930. Person desiring to register automobile which entered Montana in 1929 as a foreign car, and where application for registration is not made until after June 30, 1930, is required to pay the full year's registration fee. August 14, 1930
13- 275 A corporation whose term of existence has expired by law may not renew its term of existence for a period of three years for the purpose of winding up its affairs under Chapter 117, Laws of 1929. Under said chapter extension must be taken before dissolution. August 15, 1930
13- 276 The provision contained in Section 11369, R.C.M. 1921, relating to five days' notice to the maker of a fraudulent check is a rule of evidence concerning the proof of intent to defraud and knowledge of insufficient funds. The liability to prosecution for the offense is not suspended during said five-day period nor would the fact of payment after notice bar the prosecution, such payment having only to do with the amount of proof required to be made by the state. August 21, 1930
13- 278 The county central committee has no power to fill a vacancy caused by the withdrawal of a candidate for the reason that a candidate cannot withdraw after receiving the nomination, and thus no vacancy exists. August 28, 1930
13- 281 The death of a holdover senator creates a vacancy in that office. Persons may be nominated as the candidates of political parties for said office which is to be filled at a special election, by convention or primary meetings, as authorized by Section 612, etc. Independent candidates may run therefor by following the procedure set out in Section 615, R.C.M. 1921, etc. August 29, 1930
13- 283 The Association Against the Prohibition Amendment, a foreign corporation, organized under the Laws of the District of Columbia, held not to be an educational corporation and not entitled to do business in Montana for reasons stated in the opinion. September 19, 1930
13- 287 Under chapter 104, Laws of 1929, a person holding a license or permit of another state to practice cosmetology is entitled to a license in Montana without examination, provided such person can and does comply with the other provisions of section 3 of said chapter. September 23, 1930
13- 288 The provisions of sections 566, 567, 568, 571, 578, 582, 583 apply to city elections. Chapter 47, laws of 1929, applies to bond elections of cities and towns. Failure to observe the above statutory provisions renders election void. September 24, 1930
13- 293 A candidate at the nominating primary election but defeated thereat cannot accept nomination on opposing party's ticket made by the "writing in" process; neither can such candidate be nominated by the county central committee as the party candidate for the same office on the theory that a vacancy exists among the candidates. September 26, 1930
13- 295 That the county central committee of the Democratic party had no power to make nominations of persons for said offices on its ticket on the theory that vacancies exist among the candidates, said persons by failing to accept the nominations never having been the candidates of the party for election to said offices. September 26, 1930
13- 297 Persons associating themselves together for the purpose of mining coal for their own use are required to pay the coal mines license tax. The fact that the coal is mined from the public domain under permit from the Secretary of Interior does not exempt said persons from payment of said tax. Lignite coal fit for domestic heating purposes is merchantable coal within the tax law. October 14, 1930
13- 298 Sheriff making trip necessary to preserve the peace is entitled to mileage. October 18, 1930
13- 299 Under circumstances stated in opinion assessment of land and sale thereof was valid. October 18, 1930
13- 301 The cosmetology act is indefinite as to requiring shop licenses. The necessity of procuring a practitioner's license is not dispensed with merely because practitioner does not maintain established place of business. A person should not be licensed to practice unless he is qualified to practice all the subjects embraced within the definition of "cosmetology." Advertising alone does not constitute the practice of cosmetology and evidence of actually engaging in the practice would be necessary to warrant prosecution. The law makes no provision for special teachers' licenses. Complaints for practising without a license should be submitted to the county attorney. Complaints regarding the violation of the rules and requirements may be heard by the board upon order to show cause, and, if sustained, licenses may be revoked. Inspector has no authority to seize articles for evidence. Licensee refusing admission to inspector is subject to having his license revoked by the board after due hearings. The board should collect application fee of $10.00 and an additional $5.00 license fee if license is issued. Board cannot charge any fees except those mentioned in statutes regardless of whether or not license expires before renewal. Persons engaged in the practice any time before the act took effect who have not at the time of this opinion secured their licenses cannot be licensed without examination. October 21, 1930
13- 305 County officers have no authority to purchase supplies and equipment for their offices without authorization by the board of county commissioners. October 21, 1930
13- 306 Teachers who come under the provisions of the Teachers' Retirement Act prior to the time it was amended in 1927 are subject to the law as amended the same as are teachers coming under it after its amendment. October 22, 1930
13- 307 The offices of justice of the peace and public administrator are incompatible, and may not be held by the same person. October 23, 1930
13- 308 Owners of tubercular livestock have no claim for indemnity against the state or county where no order of destruction has been made and the animals have not been destroyed in pursuance thereof. When such order and destruction have been made owner has no claim for indemnity if he accepts salvage from the sale of the carcasses. Statute does not authorize indemnity for loss or damage to business. October 22, 1930
13- 309 Where gopher destruction fund is created as provided for in section 4498, R.C.M. 1921 no tax is levied against land with reference to which it is used. October 24, 1930
13- 310 The board of county commissioners has no authority to offer a reward unless for the apprehension and conviction of persons committing felonies and then only for specific felonies committed prior to the time of the offering of the reward. The statute does not permit offering of rewards for felonies that might be committed in the future. October 28, 1930
13- 311 Allotted members of the Fort Peck Indian Agency who lease coal mines located on Fort Peck Indian Reservation and operate the same upon a royalty basis are subject to the coal mines license tax of 5c per ton. October 28, 1930
13- 312 While an appeal lies from the ruling of the county superintendent of schools disapproving attendance of high school students outside of county, only questions of law can be reviewed on appeal by State Superintendent of Public Instruction. November 12, 1930
13- 313 A promissory note payable to "myself" is a negotiable instrument if endorsed by the maker except where the note is given for a stock subscription and is drawn and executed according to Section 5968 and 5969, R.C.M. 1921. A stock subscription note executed in conformity with said sections is non-negotiable. November 18, 1930
13- 315 State hail insurance covering flax and wheat under the contract submitted is a lien upon both crops and the insurance charges may be made out of both or either of said crops. November 24, 1930
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