Attorney General’s Opinions

Volume 15

Opinion Held Date
15- 2 The House of Representatives is the sole judge of the qualifications of its members and its decision as to the law and the facts in a contest before it is final, not subject to review by any court. The rule of law that if a plurality or a majority of the votes are cast for an ineligible candidate at a popular election the candidate receiving the next highest number of votes is not entitled to be declared elected is not binding upon the House of Representatives if it chooses to disregard it. Quare: If the House of Representatives seats a contestant who did not receive the highest number of votes, will the courts assist the appointee in collecting his salary in a mandamus proceeding against the State Auditor? January 4, 1933
15- 2A The decision as to whether or not any person not a member of the House of Representatives may contest one holding a certificate of election, rests solely with the House of Representatives. The authority of the House is complete and conclusive. And while the Corrupt Practices Act is not binding upon the Legislature in the judging of the qualifications of its members, yet the public policy has been expressed therein by the people that "any elector may contest the right of any person to any nomination or office. . . ." January 9, 1933
15- 3 The general language contained in Section 3653, R.C.M., 1921, as amended by Chapter 192, Laws of 1925, does not give power to the Commission to kill elk where trespassing on private land, and must be construed as applying merely to the performance of additional acts similar in character to those authorized. January 5, 1933
15- 4 Insofar as section 194, R.C.M., 1921, assumes to appropriate money beyond a period of two years, it conflicts with section 12, Article XII of the Constitution. However, applying the maxim "that is certain which is capable of being made certain," the legislative assembly may, in an appropriation bill, set apart the proceeds of a tax, income derived from some public source, or fees paid into a state department for a specific public purpose without definitely naming the amount, and such bill does not conflict with section 10, Article XII of the Constitution. January 11, 1933
15- 5 Statutes requiring an oath of office and bond are usually directory in their nature; and unless the failure to take the oath or give the bond by the time prescribed is expressly declared, ipso facto, to vacate the office, the oath may be taken or the bond given afterwards, before the term begins if no vacancy has been declared. January 9, 1933
15- 6 Two offices or positions of employment which are not inconsistent or incompatible may, in the absence of any prohibition in the constitution or statute, be held by the same person. January 10, 1933
15- 8 Neither house, acting alone, can change the rate of compensation of the various attaches and employees of the legislative assembly. January 12, 1933
15- 10 If the Board of County Commissioners, in the exercise of a sound discretion, deems the use of an automobile necessary for the convenient, economical and orderly dispatch of the business of a county, the provision of Section 4465 is broad enough to vest it with the power to purchase such automobile. January 12, 1933
15- 11 In order to give effect to the intention of the legislature, a reasonably strict construction should be given the word "breeding" in clause exempting persons from paying peddler's license. January 12, 1933
15- 12 The fact that the legislative assembly, by inadvertance, provided that the county surveyor should be paid from a fund which had been previously abolished does not alter the fact that he is entitled to compensation as provided by statute. January 10, 1933
15- 13 The board of trustees of a public high school cannot employ a principal of said school for a term to commence six months after the term of the board expires, and its attempt so to do is null and void. January 9, 1933
15- 14 Under the facts, every merchant who begins business must comply with either one or the other of the provisions of Sec. 1 of Chapter 182, Laws of 1925. January 10, 1933
15- 16 The fact that the first Monday in January falls upon a legal holiday does not affect the mandatory character of the law requiring installation of public officers at that time, and the old officers are therefore entitled to some portion of the salary for the first day of the year which was Sunday. January 9, 1933
15- 17 The office of County Surveyor is a constitutional office and the Board of County Commissioners has no authority to lay off such officer or give him a furlough against his wishes. However, the County Surveyor may draw his per diem only when engaged in work for the county under the instructions of the County Board. January 11, 1933
15- 19 It is entirely within the discretion of the board of county commissioners to approve or reject claims for mileage presented by the sheriff for policing a dance or any public meeting held by a fraternal lodge. January 10, 1933
15- 20 It is obligatory upon the Clerk of the Court to make a charge of $.50 for attaching his seal to a certificate. January 11, 1933
15- 21 It is not lawful for an assessor, board of county commissioners, or any other tax levying agency to levy taxes on any land or improvements in excess of the "true and full valuation," which means the amount at which the property would be taken in payment of a just debt from a solvent debtor. January 14, 1933
15- 22 The single transaction exemption in the real estate broker law is not necessarily limited to one who makes only one sale. January 13, 1933
15- 27 Under the facts, bonds to be required in lieu of bonds of insolvent surety companies must be in the full amount of the particular contact. January 14, 1933
15- 29 The board of county commissioners has the power to charge off worthless accounts. January 17, 1933
15- 30 No authority is granted by statute to make ruling requiring registered optometrists to establish permanent officer or designating minimum equipment is such office. January 20, 1933
15- 31 It is doubtful if the legislature has the power to divert any part of the millage tax for the support of an institution which is not a component part of the University of Montana. January 21, 1933
15- 33 A member of the Board of County Commissioners has no right to attend the legislative session at Helena, at the expense of the county, including per diem, to look after a bill in which the county is interested. January 20, 1933
15- 35 The county must give medical aid and hospitalization to poor persons, even though such persons reside in an incorporated town, since the poor of a city are a county charge. It is mandatory upon the board of county commissioners to publish the proceedings of their meetings in the county newspaper. February 18, 1933
15- 36 The acceptance by the county treasurer of a worthless check in payment of taxes and the issuance by him of a tax receipt does not constitute valid payment and does not prevent him from cancelling the receipt and making the taxes a charge against the land of the taxpayer. January 21, 1933
15- 37 The board of county commissioners has no power to employ anyone to attend dances and pay the claim of such appointee out of the sheriff's fund. A sheriff has no authority to go, or to send a deputy, at the expense of the county to a dance, or to any other meeting, unless he has reasonable grounds to believe that there would be a breach of the peace or some serious disorder arising out of such meeting. January 23, 1933
15- 40 Section 6186, R.C.M., 1921, as amended, prescribing the name a mutual rural insurance company shall bear, can only govern in cases of companies coming into existence on or after July 1, 1931, and does not apply to cases where the articles of incorporation of a company organized and chartered prior to that time are being amended to extend the corporate existence. January 24, 1933
15- 43 Outstanding warrants must be taken care of in the order of their registration as fast as moneys come into the school fund of that district before any warrants for any other purposes may be cashed. January 25, 1933
15- 44 That the legislative assembly may pass a valid act relating to the licensing and regulation of intoxicating liquors to become effective upon a valid modification of the Volstead Act or the Eighteenth Amendment. January 25, 1933
15- 45 It is mandatory upon the board of county commissioners to pay the premium on official bonds out of the county funds where the bonds are required by statute. January 26, 1933
15- 46 Section 145, R.C.M. 1921, requires the Secretary of State to charge a fee of five dollars for receiving and registering all surety bonds for notaries public, including bonds filed to replace the bond of an insolvent surety. January 26, 1933
15- 47 Chapter 172, Laws of 1931, requires meat, as well as hides to be inspected and stamped at the same time. January 31, 1933
15- 48 Inhabitants of special road districts paying poll tax must be given credit by County Treasurer. General poll tax cannot be collected from cities and towns which provide for like tax by ordinance. Sections 2273-2295 R.C.M. 1921, providing for imposition and collection fo poor poll tax, are unconstitutional. Poor poll tax and road poll tax distinguished. January 31, 1933
15- 49 Chapter 33, Laws of 1927, makes it the duty of city and town officials to publish the report of the state examiner. Mandamus action will lie to compel performance of official duty. January 31, 1933
15- 50 The County Treasurer has no right to segregate property covered by a single assessment and sale unless authorized to do so by statute. January 28, 1933
15- 53 The State Auditor cannot be required to act as depository for or by any individual or corporation unless there is statutory authority therefor. February 2, 1933
15- 54 A county commissioner is not entitled to more than his statutory per diem for services rendered for administering the county poor relief fund, even though he has been designated by the board to do so and the work requires practically all of his time or six days a week. January 30, 1933
15- 55 It is entirely within the discretion of the board of county commissioners whether they approve or reject any claim presented to them. A county coroner, a practicing physician, may employ another physician to assist in performing an autopsy, and the board of county commissioners may allow a claim for such physicians' services if it is satisfied that the performing of the autopsy did not exceed the bounds of reasonable discretion. January 31, 1933
15- 60 The taking of the school census has little or no bearing upon the question of the right of the pupils who have completed regular high school courses to attend the high school in subsequent years until they reach the age of 21 years. The high school board may adopt rules excluding post-graduates where the reason is that there is not sufficient room or instructors to take care of those who are entering and taking regular courses prescribed for the regular course of study in any year. February 4, 1933
15- 61 The offices of County Commissioner and member of the Board of Trustees of a County High School are incompatible and cannot be held by the same person. February 4, 1933
15- 62 The power of the Board of County Commissioners to make valid contracts may be exercised at any time during the term of the board when a prior contract for such work has expired or is about to expire, though the exercise of such power may savor of bad faith or even of fraud, providing the meeting of the board at which such power was exercised was legally called and held. February 4, 1933
15- 63 The claims of members of the Board of County Commissioners for services rendered as inspectors of the highways are properly rejected when the claims exceed the appropriation for the purpose in the budget and where they do not arise from an emergency provided for in advance of the expenditure in the manner set out in Chapter 148, Session Laws of Montana, 1929. February 6, 1933
15- 65 The elements of lottery are a consideration, a prize and a chance. A ticket which provides "this ticket is good for a chance on a 1933 Model Sedan at a drawing at the Fox and Babcock theatre * * * winner must hold adult ticket * * * purchased March 22" shows on its face that it is a lottery. February 4, 1933
15- 66 That section 1013, as amended, providing for the transfer of children from one school district to another means between districts within the state and is not confined to districts within the county. February 6, 1933
15- 67 No county may legally donate any money to any charitable institution except such institutions as are under its exclusive control. The Board of County Commissioners has no valid authority to appoint anyone to attend any meeting for any purpose, at the expense of the county. The offer of a candidate for public office to serve for a salary less than allowed by statute is merely a proposal that no one is authorized to accept and is in violation of the corrupt practices act. Except in emergencies which will not admit of delay, the county commissioners must authorize the employment of all extra employees before they can claim compensation; once the authorization is obtained, the official who desires the extra help may choose his employee. February 7, 1933
15- 68 When the Board of County Commissioners purchases any land for any purpose it must first be appraised by three disinterested persons, and the provision of the statute is mandatory upon the Board of County Commissioners in purchasing a right-of-way for highway purposes. The Board of County Commissioners has no legal power to purchase a jail and improve the same and expend county funds for that purpose in excess of the budget previously adopted and by their ultra vires act in so doing the member of said board have become liable for the penalty provided by the budget law. February 8, 1933
15- 69 A justice court, being a court of limited jurisdiction and having only such as is provided by statute, it is doubtful whether it would have jurisdiction of a case where a forfeiture was imposed; in all such cases the district court is the proper court in which to proceed. The issuance of a search warrant for the purpose of discovering game possessed in violation of the laws, or showing evidence of illegal taking, is authorized by section 3659, R.C.M. 1921. February 8, 1933
15- 70 A bill appropriating public monies for and authorizing the state to construct, purchase or lease and operate oil refineries and to engage in the purchase of crude oil and the purchase and sale of gasoline, oils, and lubricants, and making an appropriation therefor, is within the constitution and the appropriation is for a public purpose. February 9, 1933
15- 71 A law requiring the furnishing of free text books to the pupils of all schools, public or private, is valid since it does not violate either Sec. 8, Art. XI, or Sec. 35, Art. V of the Constitution of Montana, nor is taxation for that purpose a taking of private property for a private use. February 9, 1933
15- 73 County commissioners and officers violating budget act, Chapter 148, Laws 1929, and their bondsmen, are liable in civil action and officials also liable in criminal action. Expenditure of $11,100 for three caterpillar road patrols, raises serious question of violation of Article XIII, Section 5 and Section 4447 forbidding incurring indebtedness of liability for single purpose in excess of $10,000.00. February 10, 1933
15- 74 That Chapter 127, Laws of 1931, creating a game preserve in Musselshell County, is unconstitutional by reason of its defective title in so far as any part of the metes and bounds description is within Fergus County. February 13, 1933
15- 75 A county treasurer whose term of office commenced when the county was of the sixth class is entitled to continue to the end of his term to receive the salary allowed a county treasurer of counties of the sixth class, even though the county has been reduced to the seventh class during his term of office. February 9, 1933
15- 76 Because of the very nature of the work, the count commission is left with a great deal of discretion as to what may or may not be done for the indigent sick. And, generally it might be said, that they may do whatever is reasonable in the matter of furnishing medical or surgical attendance. All the powers of a county surveyor and all the rights in regard to compensation and time of employment in counties having a less voting population than 15,000 are set out in the R.C.M. 1921, and are placed under the control and supervision of the board of county commissioners which is authorized to act at discretion. A member of the board of county commissioners has no legal power to do anything more than make an inspection of the work that is done by other county officials or employees on the highways and bridges and assuming the duties, and drawing the compensation of a foreman by a member of the board is not authorized by law. February 10, 1933
15- 77 The county attorney must determine, under the facts, whether or not an action or defense is necessary under Section 4819, R.C.M. 1921, subdivision 3, and may do so without specific directions from the county commissioners. February 13, 1933
15- 78 Where moneys have been collected by or credited to one county which, in fact, belong to another county, an action may be brought to recover the same. February 13, 1933
15- 79 The Nepotism Act, Chapter 12, Laws of 1933, is not retroactive and does not apply to appointment of a deputy prior to approval of act. February 16, 1933
15- 80 The duties of county physician or county health officer have nothing to do with the physicians called in by the District Judge, or by the chairman of the Board of County Commissioners, in insanity hearings. A physician called in on such hearings, even though he be the county physician or health officer, is entitled to the compensation provided for in Section 1441, R.C.M. 1921. February 15, 1933
15- 81 It is not necessary to include in the budget of school districts the outstanding registered warrants. It is advisable to do so, however, for the purpose of the levy. February 18, 1933
15- 83 Funds recovered by a school district in an action brought against the county, belong to the district and not to any department thereof, such as county high schools, subject to disposal by the school board as are other funds of the district. February 20, 1933
15- 84 A county treasurer is not permitted to charge fee for furnishing information regarding taxes, even though he works overtime. February 23, 1933
15- 86 Since the legislature has seen fit to indicate with particularity the manner and extent of entering into contracts between teachers and school boards, it must be held to exclude any other method. February 22, 1933
15- 88 County treasurer is required to furnish information to the public regarding taxes but is not required to furnish certificate; and if he voluntarily furnishes it, he cannot charge a fee therefor. Clerk of court and clerk and recorder charging fee for searching record, should furnish a certificate or statement. No form is required. Liability of officers and bondsmen depends upon facts in each case. February 23, 1933
15- 89 Funds of the State Board of Dental Examiners need not be deposited with the State Treasurer. It is not the duty of the state examiner to examine the books and accounts of the State Board of Dental Examiners. February 25, 1933
15- 90 That the County Commissioners may properly claim mileage for viewing and supervising road work when the money is supplied for such work by the Reconstruction Finance Corporation. February 25, 1933
15- 91 Where school districts are abandoned without action by legal voters or taxpayers of the abandoned district, and the territory abandoned is annexed to another district on the order of the Superintendent, or otherwise, taxes may not be levied against the property of the abandoned district to pay outstanding bonded indebtedness of the district to which the territory of the abandoned district is annexed. February 27, 9133
15- 92 That one session of the legislature has authority to amend an appropriation law enacted by a previous session; provided, that such amendment does not violate specific provisions of the Constitution. February 28, 1933
15- 94 Warrants of a municipality issued in excess of actual receipts but within estimated receipts even though issued after it is apparent that actual receipts will fall short of the estimated receipts, are not by reason thereof illegally issued. February 24, 1933
15- 96 County Commissioners have the power to let a contract for the construction of a bridge to be paid out of cash on hand in the bridge fund, the construction of which will exceed $10,000, without submitting the question to a vote of the people and without violating Section 5, Article XIII of the Constitution. March 2, 1933
15- 97 The Board of County Commissioners is without power to purchase a right of way for a common highway unless so petitioned by ten or a majority of the freeholders of a road district who are taxable therein for road purposes. March 3, 1933
15- 98 The rule that a tardy high school pupil must go to the assembly room for study and make up the work of the recitation period after regular school hours is not unreasonable, but should not be harshly enforced. February 27, 1933
15- 99 In the absence of procedure fixed by statute for sale of school property, trustees may select the mode reasonably well adapted to the accomplishment of the end. Posted public notice required by Section 4462, amended Laws 1929, Chapter 35, is for benefit of public and cannot be waived by commissioners. March 3, 1933
15- 100 Employment by road supervisor of person not related to him, although related to county commissioner, where no agreement exists with the county commissioner, is not in violation of the Nepotism Act. March 6, 1933
15- 101 A county has no interest in the insurance contact between the owner of the property and the insurance company, even though the property was sold for taxes and the county expected to take a tax deed thereto. March 6, 1933
15- 102 Where a superintendent is hired in joint session between a district board and high school board, either board can decide not to re-hire him without the agreement of the other. A joint board cannot be formed where a majority of one board opposes it. Although a superintendent has held his position for five years, the board may discharge him without giving reasons for its action. A county superintendent has no right to vote at a meeting of the county high school board excepting in cases where there is a tie which continues for three successive ballots. March 7, 1933
15- 103 School bonds held by residents of the county are not exempt from taxation. March 8, 1933
15- 104 The effect of the amendment to Section 1632, R.C.M. 1921, by Chapter 176, Laws of 1929, was to restore to operation all of section 4921 and thus permit the County Surveyor to receive only $7.00 per day for services rendered under the provision of that section. The county surveyor is not entitled to expenses or mileage while performing services rendered under this section. March 8, 1933
15- 106 The board of county commissioners has no authority to advertise for bids for the removal of diseased tonsils and adenoids from indigent children. March 8, 1933
15- 110 Acceptance of less than the salary fixed by statute is contrary to public policy. March 13, 1933
15- 112 By reason of public policy, a clerk of a school district is precluded from being interested in contracts with said district. The hauling of voters to the polls on school election day may, with other facts, constitute a violation of the Corrupt Practices Act, but each case must be decided on its own merits. Any person who is an elector and resides within any subdivision of the state is entitled to be a candidate for any office unless other restrictions are imposed by the constitution. There is no provision of law for spending public money for the purpose of printing the minutes of the school districts. March 15, 1933
15- 113 Irregularity does not necessarily result in an insanity hearing from the fact that one of the attending physicians resides in another state. March 15, 1933
15- 115 There is no provision for any additional fees on account of a barber becoming delinquent, and if fees are accepted from one who has failed to previously pay his annual dues, it would have to be on the basis of $3.00. March 16, 1933
15- 116 That those holidays falling on Sunday which the statute provides shall be observed as legal holidays on the following Monday are business holidays and not school holidays. Consequently, Dec. 26 and Jan. 2 were not legal holidays where Dec. 25 and Jan. 1 fell on Sunday. March 16, 1933
15- 117 In case of prosecution for violation of Nepotism Act, where relative is appointed, it is not a defense to prove appointment was made because of merit. March 16, 1933
15- 120 Under the stipulation presented, the defendant has effectively waived the right to invoke the provisions of Sec. 12223 giving him the right to a trial within a period of six months. March 20, 1933
15- 121 Where the retiring county treasurer had exceeded his appropriation for the fiscal year, and where, as a consequence, there is not enough left to pay the salaries of his successor and a deputy in full for the next three months and ten days, a public emergency exists or will shortly arise and should be met by the board as provided for by law. March 21, 1933
15- 122 One purchasing real property at a sale for delinquent taxes must bring an action to obtain a tax deed in the manner set out and the County Treasurer may make a computation of the costs thereof and issue to any defendant a certificate of redemption on payment by him of what is deemed to be the correct amount. March 22, 1933
15- 123 Sec. 5, Art. XIII of the Constitution does not prohibit the incurring of an indebtedness or a liability in excess of $10,000 for the poor by the County Commissioners without the approval of the electors of the county. March 22, 1933
15- 124 Architects doing a business of over $15,000 per year must pay the license required by Section 2441, R.C.M. 1921. Creameries are required to pay license fees required by Chapter 93, Laws of 1929. March 24, 1933
15- 124A The selection of a school trustee may not be restricted to candidates from a particular division of the district to the exclusion of other candidates from other parts of the same district. March 25, 1933
15- 125 If expense claims are authorized by the Fish and Game Commission, and expenditures are necessarily incurred, the fact that repair bills are allowed in addition to a depreciation charge of $15.00 per month will not render such repair claims invalid. Claims for storage of a car when such car is at base of operations are properly disallowed. Additional allowances for special work, which are properly approved, may be allowed. March 28, 1933
15- 126 Unless so authorized by its charter or by statute, a corporation has no implied power to enter into a partnership agreement. March 29, 1933
15- 127 A county sheriff may not also serve as chief of police officer of an incorporated city within his county at one and the same time. March 31, 1933
15- 128 Under the provisions of Chapter 164, Laws of 1933, the Commissioner of Agriculture may accept one bond issued by the parent company covering the operations of all agencies and places of business in the state. April 1, 1933
15- 131 District superintendents of schools may be employed for a period not to exceed three years; a high school principal for a period not to exceed two years unless the office of superintendent and high school principal is held by the same person and in that event employment may be for term not to exceed three years; a teacher may be employed for one school year. In absence of some necessity or special circumstance, all contracts and commitments should be left to new board if new board can attend to its duties in ample time to protect interests of district. The Nepotism Act applies to school districts and district officials. March 24, 1933
15- 132 Section 1 of Chapter 191, Laws of 1933, violates Sections 1 and 11 of Article XII of the Constitution and is invalid. March 27, 1933
15- 133 A contract to build a schoolhouse, which involves more than $250, 000, where one of the trustees voting to let the contract is the husband of the contractor being awarded the contract, is void as against public policy. The Nepotism Act does not apply to contracts. March 28, 1933
15- 134 County Commissioners in counties under fourth class may hold as many extra sessions each month as the business of the county requires and special meetings may be called when the board is not in session. March 30, 1933
15- 135 Chapter 166, Laws of 1933, which was signed by the Governor on March 16, 1933, and which provides that it shall take effect from and after its passage and approval, increases the taxable rate from one to two per centum upon the net income of corporations based upon their returns for the calendar year 1932, and the provision of the act providing for a minimum tax of not less than $5.00 upon any such corporation applies to returns filed prior to the approval of the act but covering the calendar year 1932. March 31, 1933
15- 136 A mill operator is not exempted from giving bond although he does not operate public warehouse. March 31, 1933
15- 137 That no penalties may be imposed upon duly licensed barbers who are delinquent in the payment of their annual license taxes other than those specifically provided for by law. April 4, 1933
15- 138 That the status acquired by county voting dry under local option law does not continue after repeal of law. April 4, 1933
15- 140 In case of a tie between two candidates for school trustee at a school election there is a failure of election and a vacancy results which should be filled by the county superintendent of schools as provided by law. In an election in a second or third class district if an elector has written a name in on the ballot but has neglected to put a cross before the name, his ballot should nevertheless be counted towards the selection of such a candidate for the office of trustee. April 6, 1933
15- 142 Under the facts presented, the installing of a tract index is a matter that the board of county commissioners may determine in its discretion. April 6, 1933
15- 143 If a county is, in effect, a mortgagee of property in B county, the property is subject to taxation in B county, but if A county is the equitable owner of property in B county, whether or not title is acquired according to law or by an ultra vires act, it is not subject to taxation there. April 8, 1933
15- 145 A city or town may not by ordinance or resolution limit the number of licensed beer vendors that may operate within its borders to a lesser number than fixed by law and duly licensed by the State Board of Equalization. April 10, 1933
15- 146 The doctrine of "Idem Sonans" applies to names "written in" on the ballots in a school election, and when a majority of the judges are satisfied as to the intent of an elector to vote for a particular candidate such irregularities as mis-spelling are immaterial. April 10, 1933
15- 147 If a vehicle is primarily adapted for the carrying of freight or merchandise it should be listed as a truck, and a vehicle which is primarily adapted for the carrying of passengers should not be classified as a truck although it may be used for the purpose of carrying freight or merchandise. April 10, 1933
15- 148 If cattle or sheep are owned and generally range in one county and yet, prior to and on the first Monday in March, are and have been held within an enclosure in another county they shall be listed for taxation and taxed only in the county of their home and general grazing ground. If cattle or sheep have, prior to such first Monday in March, been moved into a second county, and have not been kept within an enclosure, but have been permitted to range in such county, they must be listed for taxation and assessed in such county. In the latter case, the money received from taxation of such livestock is divided in accordance with R.C.M. 1921, Sec. 2071. April 10, 1933
15- 149 The Secretary of State is not vested with any discretion but must accept for filing a certificate, fair on its face, of the proceedings of a corporation, which resulted in its articles of incorporation being amended so as to increase its capital stock, even though extraneous investigation by him apparently discloses that the actual capital paid in amounts only to $750.00. April 11, 1933
15- 150 The State Forester, his assistants and the ex-Officio fire wardens may administer oaths of office to volunteer fire wardens. April 12, 1933
15- 152 Funds may be transferred upon Governor's proclamation for relief of poor, as provided in Chapter 43, Laws of 1933, to other than poor fund if used for poor relief. April 12, 1933
15- 154 "Grain" as used in the Storage Act describes wheat, flax, oats, barley, rye and other grains. "Wheat" as used in Storage Act in determining the storage charges connotes wheat of the highest grade. April 12, 1933
15- 155 Chapter 44, Laws of 1933, does not authorize count commissioners to employ themselves in poor relief, but authorizes payment of necessary expenditure. Public policy forbids commissioners employing themselves. April 13, 1933
15- 157 It is against public policy for a member of a school board to act as agent for an insurance company in securing school insurance. April 13, 1933
15- 158 Although storage contract terminates June 30 each year, elevator may sell only so much wheat as may be necessary to pay storage charges, balance to continue in storage. April 13, 1933
15- 160 The interest which a board of county commissioners is allowed to obtain in private lands for highway purposes is an easement only, and when it assumes to secure a fee simple title for the county it exceeds its powers under the law and is guilty of an ultra vires act. April 13, 1933
15- 161 Where a county at tax sale has purchased equity of purchaser of land sold on contract, and has cancelled contract on account of default or purchase, interest and lien of county acquired by tax sale certificate is merged with greater title and no further tax deed is required. There is no personal liability for taxes except as provided in Sections 2253 nad 2254, R.c.M. 1921. County commissioners may authorize cancellation of tax assessments when neither land nor individual is liable for payment. April 14, 1933
15- 163 Foreign motor vehicles operated on Montana highways in gainful occupation or business enterprise must have Montana motor vehicle licenses. April 22, 1933
15- 164 A stockholder who, for two years, has served as director of bank and made and filed sworn statements to Superintendent of Banks that he is a stockholder and director, would have difficulty showing transfer in good faith, and may be estopped and should not be released from liability. April 14, 1933
15- 166 A wholesaler clearly has the right to deliver beer and ship it to his consignee, thus permitting the wholesaler to deliver beer at points other than the residence or location of such wholesaler. But a wholesaler or brewer may not employ a distributor in another community for the purpose of distributing beer unless said distributor also shall have been granted a wholesaler's license. April 15, 1933
15- 167 If the sheriff fully complies with his duty under the laws of the United States in relation to the collection of a tax on a motor vehicle, which procedure may require a levy and detention of a car (not at the time loaded with mail or carrying mail), the sheriff will be fully protected by his rights under the laws of this state and will not be interfering with any federal law. April 15, 1933
15- 168 One cannot vote in a school district that is outside of the district in which he maintains his legal residence. Anyone voting at a school election must be a resident of the school district for at least thirty days as provided by Sec. 1002, R.C.M. 1921. April 17, 1933
15- 169 It is proper for the County Auditor to disallow the claim of a city engineer for plats furnished the county relating to an established county highway. It is the duty of the County Surveyor to furnish them. April 18, 1933
15- 170 Mileage of county commissioners is to be determined under Chapter 16, Laws of 1933, and figured at seven cents per mile. April 18, 1933
15- 171 The State Railroad Commission has full power to regulate the rates charged by Class A and Class B motor carriers, and the rates charged by Class C carriers shall be fixed by agreement between the carrier and the party who hires or employs such carriers. April 18, 1933
15- 172 The sheriff of the county where the property of the delinquent taxpayer is located is the proper officer to seize property in a civil action. April 14, 1933
15- 173 Where two affirmative statutes are not inconsistent with each other, but are so dissimilar that they cannot be reconciled and made into one, each statute is complete in itself and must be held to be legal and valid. April 20, 1933
15- 174 The premium upon the official bond of an undersheriff is not a proper charge against the county. April 20, 1933
15- 175 An agreement of a public officer to accept less than the salary allowed by law is contrary to public policy and void. Whether the officer may recover the unpaid part of his salary--not decided. Under the facts presented, the Board of County Commissioners did not exceed its powers in allowing an expense claim of nine dollars presented by one directed by the Board to attend a meeting of the Federal Power Commission to protect the interests of the County. Justice of the Peace may charge only those fees which are set forth in the statutes. April 21, 1933
15- 176 The sheriff of one county, acting as a deputy county treasurer, may not go into another county and seize the personal property of a delinquent taxpayer and return the same to his own county for sale; nor can the county treasurer of one county appoint the sheriff of the county into which the property was moved to act as his deputy and sell the property there. The taxes on the property must be collected exclusively by suit against the owner of the property. April 22, 1933
15- 177 Foreign corporations may be and are required to pay a license fee upon the increased portion of capital stock employed within the state as shown by the annual reports of the corporation and as provided by Section 4 of Chapter 169, Laws of 1931. April 24, 1933
15- 178 Each nurse must pay an annual fee of $1.00 and shall not be permitted to practice without securing a re-registration each year, and when a nurse continues to practice without making such payment, such nurse may be prosecuted for a misdemeanor. April 24, 1933
15- 179 Unable to advise that an appointment of ground of merit is a defense to member of board appointing relative. (2) A member of a school board violates Nepotism Law where he acts to appoint as clerk a relative of another member of the board. (3) A contract appointing a relative of a member of school board as clerk is void. April 25, 1933
15- 180 The fact of assignment may be questioned where officers of corporation claim to offset a corporation balance against their notes to closed bank, and in case of doubt controversy should be decided by court. No notice to bank of assignment of deposit is necessary where no right of the bank against assignor is affected thereby. April 25, 1933
15- 181 A license must be obtained for each store wherein cigarettes are sold in this state. April 26, 1933
15- 182 That an active member of an unpaid fire department is entitled to the exemptions mentioned in Section 5144, R.C.M., 1921, although he may not have served for a period of five years. April 26, 1933
15- 183 A contract for city lighting between a municipality and the lighting company is void as against public policy where the mayor is a stockholder in the lighting company. April 27, 1933
15- 183A One who has entered into a contract with the State Highway Commission to construct a piece of road may lawfully assign the amount to become due under the contract for a given month, and it is proper for the Commission to pay the amount earned to the assignee when it becomes due, giving the assignee priority over other creditors. April 28, 1933
15- 184 It is the duty of the stock inspector to classify horses prior to sale under horse herd district sale. The sheriff must collect fees and expenses in advance of sale under horse herd district sale. April 28, 1933
15- 185 A corporation may not provide in its articles for an absolute grant of power to its board of directors to sell all the corporate assets at the pleasure of the board. April 28, 1933
15- 186 Sec. 1, Ch. 90, Laws 1933, limiting the hours of labor in and about sugar refineries is a valid exercise of the police power and does not violate any express provision of the Constitution. April 28, 1933
15- 188 Where a butcher has more than one meat market in a county he should obtain for display a license for each shop from county treasurer. A person butchering and selling his own cattle at meat market is not required to have butcher's license unless he butchers and sells over 25 carcasses in one year. April 28, 1933
15- 190 A stockholder has no legal right to employ a manager or supervisor to act as sales manager in his or its behalf in the State of Montana, unless such appointee has been a resident for six months. May 3, 1933
15- 191 Chapter 146, Laws of 1931, provides a complete procedure for the levying of a special tax by school districts, and said procedure is exclusive. May 4, 1933
15- 195 If the county will be benefited by the exchange, the county commissioners may, in the exercise of their discretion, permit one who has purchased or contracted to purchase certain lands from the county to turn back said lands and receive credit for the amount paid on the contract for the purchase of other lands. May 5, 1933
15- 196 No portion of a license fee paid under the Montana Beer Act may be returned to the applicant although his license may not authorize him to transact business for a full year under same. May 6, 1933
15- 197 Chapter 65, Laws of 1933, makes the duty of the county commissioners mandatory to appraise, order and advertise for sale of lands acquired by tax deed. May 8, 1933
15- 198 In appraising lands as directed by Chapter 65, Laws of 1933, it is not necessary for the board of county commissioners to visit the land and view it if the members of the board are already familiar with the tract in question, and inspection would not add to the information already in their possession; but if personal inspection is necessary, the members of the board are entitled to the mileage and per diem allowed them as when engaged in other duties imposed by law upon them. May 8, 1933
15- 199 The time of distribution of taxes collected on personal property where same are not secured by a lien on real estate, under Chapter 122, Laws of 1933, is such time as the taxes are definitely and finally fixed in amount and not subject to rebate. May 8, 1933
15- 201 (1) Any tax delinquent prior to March 2, 1931, must draw interest up to that date at the rate of 12% per annum until March 16, 1933, and to the extent that Ch. 176, Laws of 1933, attempts to change the rate chargeable before that date to that extent the statute is unconstitutional. (2) As to all taxes which are levied and become delinquent after March 2, 1931, such taxes must be figured at the rate of two-thirds of 1% per month and apparently the same is true as to all interest on delinquent taxes which may accrue after March 16, 1933. May 9, 1933
15- 202 A constable is entitled to mileage at the rate of eight and one-half cents per mile, the same as sheriffs. May 10, 1933
15- 203 No meeting of a board of school trustees should be held without giving each trustee reasonable notice of the time and place and the purpose for which any meeting is called. No business should be transacted at such meeting except such as is noticed in the call for the meeting. (Under the facts, the re-election of the high school principal was the business of the special meeting.). May 6, 1933
15- 204 Under Chapter 65, Laws of 1933, tax title to properties, regardless of appraised value, may not legally be sold by the board of county commissioners, but the sale must, under the law, be a public auction. May 6, 1933
15- 206 (1) That Chapter 55, Laws of 1933, applies to all persons engaged in warehousing and storage of beans regardless of federal law. (2) The license fee is required from persons storing beans regardless of whether he rents space for this purpose, which he may do without authority if he chooses. (3) Scale ticket may be issued for interim between delivery and grading of beans, but bond of warehouseman should cover risk from issuance of scale ticket as storage begins then. (4) Where a public warehouseman is licensed, he may store beans without payment of license mentioned in Chapter 55, Laws of 1933, but is otherwise subject to all other requirements of the act. May 10, 1933
15- 207 Under Sec. 3722, R.C.M. 1921, there is no legal objection to a licensed owner or lessee of real estate which is actually and materially being damaged by beaver using his regularly employed help in trapping beaver. May 10, 1933
15- 208 Organizations known as "benevolent insurance companies" or as "benevolent insurance societies" which cannot qualify as mutual benefit companies or as fraternal benefit societies, have no right otherwise to be in the insurance business, and if they wish to continue in it, it is incumbent upon them to incorporate under some appropriate provision of the Civil Code and thereby subject themselves to the payment of a license fee and to the visitorial powers of the commissioner of insurance. May 11, 1933
15- 209 It is the duty of the county treasurer to segregate automobile taxes, to accept payment thereof, and to issue tax receipt therefor upon request of the owner of the motor vehicle or a purchaser. May 11, 1933
15- 210 As to the items covered in Chapter 121, Laws of 1933, the mileage of sheriffs is fixed. As to the items of travel not covered by said chapter or other express statutes, the conclusion must be that a sheriff can recover for his reasonable expenses and the power to determine what is reasonable is vested in the county commissioners and limited by the claim presented. Chapter 16, Laws of 1933, does not require the commissioners to allow a sheriff 7c per mile in lieu of actual expenses. This statute is a statute of limitation. May 12, 1933
15- 211 A bona fide resident of Montana is defined in Chapter 102, Laws of 1931, and the only sure guides as to his intention to make his permanent residence in this state are his expressions to other, unbiased parties. May 16, 1933
15- 212 The basis of computing fees for the increase of capital stock of foreign corporations is that authorized by subsection 4 of section 145, R.C.M. 1921. May 18, 1933
15- 213 Money received by a school district from insurance on a school building destroyed by fire should be used first to pay any indebtedness remaining for the building which had burned down, or to create a sinking fund to retire the indebtedness as it matures, in the event it cannot be called immediately, and the balance credited to the general fund to be used for any obligations of the district properly chargeable to that fund, including outstanding warrants. (The district is to be abandoned.) May 18, 1933
15- 214 The power of the board of county commissioners to refund taxes illegally or erroneously collected, or to order the cancellation of illegal special poor and road assessments is independent of the powers of the board sitting as a county board of equalization and may be exercised at any time. May 20, 1933
15- 215 An investment company as defined in Section 1 of Chapter 47, Laws of 1933, may sell securities owned by it but issued by another company, and securities owned by a client or customer but not issued by him or it, as well as securities issued by itself, in the State of Montana, after it has obtained a license to do business from the state investment commissioner. May 23, 1933
15- 216 Under the facts presented, there is strong doubt that the school election was legal, and any vacancies that now exist on the board by reason of the election not being held may be filled by the superintendent of schools. May 23, 1933
15- 217 A representative of a company, paid a salary and commission for transacting business for the company in selling lands for the company, is a real estate broker and should be required to pay a license fee. May 23, 1933
15- 218 That waitresses in college dining rooms operated by the state and guards at penitentiary are subject to the Constitution and statute which provide that eight hours shall constitute a day's work. May 23, 1933
15- 219 That when an article is delivered to a carrier in one state for delivery at a point in another state such article retains its character as an article of interstate commerce, subject to the regulation of the "Act to Regulate Commerce" of the Federal Government until it reaches and is delivered at its ultimate destination and this is true even though it may be handled by various carriers and under numerous contracts in transit. May 23, 1933
15- 220 That when a defendant's sentence has been suspended by a district court, and he complies with the rules and regulations of the State Board of Prison Commissioners governing persons released and placed on probation by order of the district court, nothing can be done in the future to restrain his liberty. May 24, 1933
15- 221 County treasurers have no right to accept anything but money in payment of taxes and have no authority to accept registered county warrants. State courts have jurisdiction of crimes committed by Indian wards upon lands to which the United States has parted with ownership. May 25, 1933
15- 222 Under the facts presented, the bulk storage plants of the Standard Oil Company of Indiana are wholesale stores and the owner thereof should pay license fees accordingly. Where the Standard Oil Company of Indiana operates and maintains its own service stations it must pay a license fee on a graduated scale for each of said service stations, but where such station is operated and maintained by a lessee, the lessee is liable for the license fee. May 26, 1933
15- 223 The legislature has no power to divert money placed in the "Protested Tax Fund" into the general fund of the state, or into the "Common School Income and Interest Fund," and it is the duty of the State Treasurer to return such money to the owner whose protest has been upheld by the Supreme Court. May 29, 1933
15- 224 No fee need be paid to the clerk of the court for the filing of papers on the transfer of guardianship proceedings. May 31, 1933
15- 225 A resident fishing license may not issue to an alien Japanese, ineligible to citizenship. May 31, 1933
15- 226 The right of a court to appoint counsel for an indigent defendant is purely statutory. As no provision has been made for such appointment by a justice of the peace, he is without authority to make such an appointment. May 31, 1933
15- 227 Where the legislature remitted license fees to Department of Agriculture with power to disburse same for enforcement of egg-grading law, the granting of the power to the Commissioner of Agriculture to make such rules and regulations as may be necessary to enforce the act does not grant power to levy a charge against dealers for enforcement purposes. June 1, 1933
15- 228 Section 1012 and 1203, R.C.M. 1921, apply to High Schools. May 29, 1933
15- 229 Title to real property passes to the purchaser upon sheriff's sale and hence such property should thereafter be assessed in the name of the purchaser. June 2, 1933
15- 230 Chapter 160, Laws of 1933, does not authorize the issuance of funding bonds to take up high school warrants. June 3, 1933
15- 231 Chapter 8, Laws of 1933, pertaining to county supplies exceeding $500.00 and requiring publication of notice and letting to lowest bidder, does not apply to county printing which should be classed as services and covered by Chapter 10, Laws of 1929. June 5, 1933
15- 232 The state is entitled to have property of insane person, acquired after his commitment, applied to his maintenance during commitment in state hospital, and recital in commitment that insane person shall be cared for at public expense is merely recital of present financial condition and is not an adjudication of the right of the state to recover against property of insane persons subsequently found or acquired. June 6, 1933
15- 233 It is not lawful for a county treasurer to accept payment of irrigation taxes without requiring payment of the state and county taxes. June 6, 1933
15- 234 The Nepotism Act applies to school districts and the appointment of school teachers. June 8, 1933
15- 235 Unless it is necessary to keep the schools operating, a school district is not justified in setting aside school funds to operate schools from July to December out of the tax collections made in May instead of applying such funds to take up outstanding warrants of the school district. May 29, 1933
15- 236 Such increase is legal, since authorized capital stock has no existence or validity until it is actually issued and subscribed for; but the State Investment Commissioner properly refused the corporation a permit to sell all the preferred stock, since the ratio of at least $1.50 of capital to $1.00 of preferred stock must always be maintained. June 8, 1933
15- 237 If a brewer situated within the state makes a sale within the state to be delivered without the state, the barrelage tax provided for in paragraph 3 of Sec. 3 of the Montana Beer Act, could be collected. But to attempt to collect a tax for the sale of beer manufactured in Montana and sold in another state, would constitute an interference with interstate commerce and be unlawful. June 6, 1933
15- 238 Men employed in the forests of Montana under the Federal Reforestation program and not previously residing within the State of Montana, are not entitled to a resident fishing license. June 14, 1933
15- 239 A dealer in motor vehicles may not rent a truck carrying his license to a third person for the work of such third person, nor use a car carrying his dealer's license for the private affairs of the dealer or his family. June 14, 1933
15- 240 That under the Montana Beer Act, a license tax of fifty cents per barrel cannot be collected where beer is imported from a non-resident brewer by a wholesaler at Billings and resold in the State of Wyoming and delivered in the State of Wyoming. June 14, 1933
15- 241 That a Board of County Commissioners, in the exercise of a sound discretion, has the power to purchase an automobile out of the public funds for use of the board in viewing roads and for other uses by the board. June 14, 1933
15- 242 Under Section 8, Chapter 178, Laws of 1933, an aggregate amount equal to $65 for each student who attends high school outside his county may be budgeted and the entire aggregate amount may be used even though some of the students might drop out during the course of the year. June 19, 1933
15- 243 In making up the county budget, under the provisions of the Budget Act, the board of county commissioners may include therein the probable cost of exterminating grasshoppers in agricultural areas during the fiscal year and make a tax levy accordingly. If this is not done or if the amount raised is inadequate, the board may deal with the situation by declaring a public emergency. June 19, 1933
15- 244 The county high school board has the power to contract for transporting pupils subject to the supervisory powers of the board of county commissioners sitting as the board of budget supervisors. June 20, 1933
15- 245 Money deposited by and in the name of C.M.St.P. & P. Railroad Co. in Larabie Bros. Bank for the purpose of paying employees checks, upon all facts disclosed, is not necessarily a special deposit which entitles the railroad company to claim the balance of the account as a trust fund in the bank now closed. June 20, 1933
15- 247 There is a "fair and reasonable doubt" that the legislature intended by implication to empower school boards to purchase a bus as a means of transporting pupils when only transportation by contract is expressly authorized, and the power must be denied. June 21, 1933
15- 248 No duty rests upon the State Purchasing Agent to let the contract or upon the Governor to cause to be published the State Treasurer's quarterly report when the legislative assembly fails to appropriate any money to pay the cost of such publication. June 21, 1933
15- 249 Acceptance by University of Montana of deposits of moneys from students is authorized by Section 196, R.C.M. 1921. June 22, 1933
15- 251 Chapter 8, Laws of 1933, does not require a board of county commissioners to advertise for bids either for the materials or the work of repairing a bridge damaged by fire, where the board considers it a case of emergency, and by the unanimous consent of all its members, the board may proceed forthwith to repair said bridge. June 23, 1933
15- 252 County treasurers, in accepting checks in payment of taxes, do so at their own risk, and if proceeds from collection thereof are insufficient because of exchange or float charges, the county cannot be charged with deficiency or protest fees. State banks may charge exchange on outside check drawn in favor of county or city. Banks are not required to give credit to county for amount of check deposited or taken for collection until the money is received. June 24, 1933
15- 253 The proper procedure for the induction of a subject into the training school for feeble-minded persons of the state school at Boulder is fully covered by Sections 1474-1485, R.C.M. 1921. June 24, 1933
15- 254 Under the provisions of Ch. 148, Laws of 1929, it is the duty of the county commissioners to reduce the estimate of expenditures required by any county officer or department in making up the preliminary county budget, with the view of keeping expenditures within the anticipated revenue. The tax levies of two mills heretofore made by the county commissioners of Musselshell County to replace school district funds lost in banks which failed prior to June 30, 1931, cannot be said to have been made for general fund purposes. If the board did not proceed according to the provisions of Ch. 159, Laws of 1931 (which is a general and not a special statute as contemplated by Ch. 100, Laws of 1931) it should now proceed according to Ch. 51, Laws of 1933. Under the provisions of Ch. 148, Laws of 1929, the board may include in the budget an amount sufficient to take care of the interest on registered warrants and an amount to apply on the redemption of outstanding warrants. June 26, 1933
15- 256 Where a town is disincorporated, real property owned by it passes to county for sale to pay debts. Taxes may be levied by board of county commissioners to pay debts of disincorporated town without limitation as to special funds. June 27, 1933
15- 257 The county, through its clerk, is entitled to receive the sum of five cents for each name in the poll books furnished the city for both the primary and the final election, even though a carbon copy of the books prepared for the primary election is furnished with the additional names added for the general election. (But see: Chap. 71, Laws of 1935,--3c per name.) June 29, 1933
15- 258 The board of county commissioners is required to make a per capita levy for road and poor poll taxes at the same time tax levies on property are made, to-wit, the second Monday in August each year. June 30, 1933
15- 259 The trustees of a school district which does not maintain a high school of its own may not pay for or transport high school students living in said district into another district out of their grade school fund, but such transportation expenses must be paid for according to Chapter 156, Laws of 1933. July 1, 1933
15- 260 (1) The authority to authorize the appointment of a deputy county treasurer is vested in the county commissioners and does not exist in the treasurer without the approval of the county commissioners. (2) The salary of a regular deputy whose appointment is authorized by the county commissioners is $137.50 per month. Quarere: What is minimum salary of extra or temporary deputies? June 5, 1933
15- 261 The Board of County Commissioners has the power to change the budget of a high school district in any particular it may deem advisable, but the final decision, in certain instances, is vested in the board of review. June 20, 1933
15- 262 When a student matriculates at a college, the rules and regulations of the college then in effect, and the payment of the required fees by the student, creates a contract between the college and the student which the state may not impair, and therefore, a student who matriculated prior to the enactment of Chapter 147, Laws of 1931, (Sec. 8) is entitled to a life certificate to teach after she has successfully taught for 27 months after graduation. June 29, 1933
15- 263 The superintendent of banks may fix the terms of reorganization agreements to be signed by depositors, but may not restrict withdrawals by depositors not signing the agreement. Such power would be legislative, not administrative, in character and cannot be implied from a statute giving him power to impose conditions upon the re-opening of a closed bank. July 1, 1933
15- 264 The words "such warrants," as used in Sect. 1012, R.C.M. 1921, as amended by Chapter 162, Laws of 1933, refer to the proportion of the warrants which would be issued against moneys derived from tax levies only, and the 90% restriction does not apply to warrants which may be issued against cash on hand and revenue derived from other sources. July 5, 1933
15- 266 Where the funds of the State Highway Commission would be the chief beneficiary of any judgment rendered in an action brought by the State of Montana, a claim for preparing a transcript on appeal in such cases is properly chargeable against such funds. July 6, 1933
15- 267 If money is lacking in the special funds provided for by Section 25, Chapter 188, Laws of 1931, to pay the interest on county bonds, money may be taken from the general fund of the county for that purpose. July 8, 1933
15- 268 (1) The ten mill levy provided for in Chapter 179, Laws of 1933, does not relate to high schools. (2) Section 4, of Chapter 160, Laws of 1933, makes it mandatory upon the board of trustees to retire outstanding warrants by one or the other of the methods provided. July 10, 1933
15- 269 That Chapter 160, Laws of 1933, only authorizes the issuance of funding bonds to take up outstanding warrants, and bonds can only be issued to the extent of, and for the purpose of, taking up such outstanding warrants. July 10, 1933
15- 270 The Nepotism Act does not provide for any exemptions for occasional work and therefore the appointment by an officer of a relative to do occasional mimeograph work is prohibited by the Act. July 11, 1933
15- 272 Upon absence of any bids at the sale of grain elevators as personal property for taxes thereon, there is a failure of sale and the property should be resold by the county treasurer. July 13, 1933
15- 273 A provision in a contract employing a female school teacher, which gives the school board the power, at its option, to terminate the contract if said female marries during the school term, is illegal and void. July 14, 1933
15- 275 Since the legislature has never made any appropriation to meet the situation created by Sec. 116, Chapter 60, Laws of 1927, the state auditor may not draw a warrant against the common school permanent fund to refund money paid from the proceeds of timber cut on land incorrectly surveyed as under the jurisdiction of the State Land Board. July 15, 1933
15- 276 The state may not exchange stumpage for other lands from which the timber has been partially removed. The determination of whether or not certain lands are of equal value to others proposed to be exchanged is vested in the State Board of Land Commissioners' discretion. July 18, 1933
15- 277 Since Sec. 1006 does not provide the manner of service of notice of a special meeting of the board of trustees of a school district, personal service is required. July 20, 1933
15- 278 Where an elevator has been listed for taxation and taxed as personal property and is not claimed by the owner of the land to be real estate, Chapter 125, Laws of 1933, has no application. July 21, 1933
15- 279 Chapter 66, Laws of 1933, grants to cooperative associations, organized thereunder, the status of corporations and there is no provision in said law which relieves them from paying the incorporation fee of $50.00 required by Sec. 145. July 24, 1933
15- 280 State banks may invest in Class "A" stock of Federal Deposit Insurance Company. July 22, 1933
15- 285 Where leases of state lands have been executed before the enactment of Chapter 42, Laws of 1933, and moneys for the rental thereof have been paid to the state treasurer, no part of them may be refunded. July 14, 1933
15- 287 The county clerk must pay over to the county treasurer the fees received under Section 2, Chapter 109, Laws of 1925, the act providing bounties upon certain predatory animals. August 3, 1933
15- 288 1. Section 1 of Chapter 162, Laws of 1933, clearly evidences the intention of the legislature to permit the issuance of warrants within the provisions of the budget, which in turn must be fixed upon the anticipated income as defined in said Chapter. 2. District high school warrants are obligations of the school district and not of the county and should be taken into consideration in determining the indebtedness of the district, provided, of course, that the warrants are valid. (Note: See Par. 1, Sec. 1, Chapt. 44, Laws of 1933-34.) July 11, 1933
15- 289 The County Clerk must issue warrants for all claims, legal on their face, approved and allowed by the board, unless such claims exceed the budget. July 6, 1933
15- 290 National Banks must obtain consent of the Superintendent of Banks to consolidate and maintain offices. July 17, 1933
15- 292 The Secretary of State may not exercise his discretion but must publish a proposed amendment to the state constitution in accordance with Sec. 9, Art. XIX, even though the bill submitting the proposed amendment be of doubtful validity. August 7, 1933
15- 293 The Superintendent of Banks is not authorized nor permitted by Sec. 65, Chapter 89, Laws of 1927, to give to Federal Reserve Bank information concerning all states banks and to comment upon, classify or make comparisons as to financial condition. August 8, 1933
15- 294 Chapter 164, Laws of 1933, applies to dealers in wholesale who have place of business in state. A law attempting to license dealer in wholesale who has place of business out of state, receives order and ships merchandise into another state would be unconstitutional, as such business constitutes interstate commerce. August 8, 1933
15- 295 In the absence of statute a license fee paid to state may not be refunded where the license is legal and is paid voluntary without protest, and where the failure to furnish the required bond for license was no fault of the state by wholly the fault of the licensee. August 9, 1933
15- 296 The legal voters of a joint school district who are taxpaying freeholders therein, have the power to authorize a levy to produce amounts in excess of the maximums specified in Sec. 5, Ch. 178, Laws of 1933. Such action is not in conflict with the spirit of the Budget Act. August 9, 1933
15- 298 A water right may be perfected when water from springs has been appropriated on state land and conveyed across said land through a pipe line without securing a right of way in the form of an easement from the state. August 10, 1933
15- 299 A school district, with or without a favorable vote of the taxpayers concerned, may not incur indebtedness, bonded or otherwise, which in the aggregate exceeds 3% of the value of the taxable property in such school district. August 11, 1933
15- 300 Chapter 35, Laws of 1933, amending Sec. 3588, R.C.M. 1921, authorizes warehousemen to purchase grain stored with them, when ordered sold, unless intent of order to sell is to make him agent to sell or broker for storer. August 11, 1933
15- 301 Where a member of a board of school trustees transports his own children instead of permitting them to ride with the person who has the transportation contract, and then presents a claim to the board for such transportation, such claim is illegal and because of his wrong-doing the member may be removed from office, but it is doubtful if he could be successfully prosecuted for a criminal offense. August 11, 1933
15- 302 A building and loan association, upon the approval of the Superintendent of Banks, may invest not to exceed 10% of its assets in bonds of the Federal Home Owners' Loan Corporation. August 12, 1933
15- 303 Prior to passage of Chapter 35, Laws of 1933, a warehouseman had no authority to sell grain when the storage charge equaled the market value of the grain, and his so doing constituted a conversion unless he followed the procedure of Sec. 4111 of the Uniform Warehouse Receipts Act. August 12, 1933
15- 304 All fees collected by the State Examiner, whether for the annual examination or for examination upon the request of 10% of the stockholders, are governed by Sec. 27 of Ch. 105, Laws of 1929. August 15, 1933
15- 305 The State Examiner may charge the statutory fee for making a special examination of the State Fish and Game Commission by request. August 15, 1933
15- 306 A board of county commissioners has no power to sell bonds or raise money by taxation for the purpose of installing or constructing a natural gas line to provide for the sale of gas to the residents of the county. August 15, 1933
15- 307 A justice of the peace has no authority to remit a part of a fine when the amount remitted reduces the fine below the minimum imposed by statute. August 15, 1933
15- 308 No diploma from any unit of the University must assume to grant any graduate who is not a citizen any right to teach in the public schools of this state. August 16, 1933
15- 310 Claims for services rendered or expenses incurred prior to the close of the biennium may be presented and should be allowed even though presented after July 1 of the new biennium. August 18, 1933
15- 312 An applicant for Mothers' Pension is entitled to an allowance for a child who is confined in an Orthopedic Hospital in another county. August 16, 1933
15- 313 A Building and Loan Association, upon the approval of the Superintendent of Banks, may invest not to exceed ten percent of its assets in bonds of the Federal Home Owners' Loan Corporation in satisfaction of a mortgage held by it upon the real property of one of its members. August 16, 1933
15- 314 The general school election laws must be followed in voting additional levies for high school purposes, and any election to vote additional levies after June 30 is not a legal election. August 18, 1933
15- 315 Money appropriated by the legislature for one purpose for the Veteran's Welfare Commission may not be expended for another and different purpose, even though there be some connection between them. August 19, 1933
15- 316 The State laws governing warehouses are supreme and will govern when in conflict with Federal Warehouse Act. August 21, 1933
15- 317 The warden of the State Prison may not declare a prisoner's good behavior allowance forfeited without referring the matter to the State Board of Prison Commissioners. August 22, 1933
15- 319 The failure of the Board of Trustees to notify a teacher, who is the wife of a member of the board, that her services are no longer required (according to Sec. 1075, R.C.M. 1921, as amended) constitutes a violation of the Nepotism Act. August 22, 1933
15- 320 Where the taxes on real property become delinquent, the fact that the owner sells a portion of it does not relieve him from the duty of paying taxes on the whole amount, which he must do in order to clear the title to the remainder. Where, however, a portion is sold by the proper officer, owner may redeem the remainder. August 22, 1933
15- 321 Chapter 179, Laws of 1933, does not permit the Board of County Commissioners to make an extra levy in excess of the ten mills, which the district may levy for the purposes of maintaining and operating the schools, without submission to the electors. August 24, 1933
15- 322 A public officer is at least a bailee of public funds charged with the highest degree of care and diligence and must take every precaution which "a very prudent and cautious man" would have taken before he can escape liability for loss of funds. August 24, 1933
15- 323 Provided that it conforms to Sec. 35 of Art. V and Sec. 2 of Art. XIII of the Constitution, the legislature may authorize some state officer or board to enter into a contract with the United States in behalf of State of Montana with view of obtaining loan under terms of National Industrial Recovery Act for construction of public works, but in the absence of such legislation, no state officer, board or commission may obligate or engage the state by acting as trustee for federal government. August 26, 1933
15- 323A Under Chapter 158, Laws of 1933, it is the duty of the Registrar of Motor Vehicles to assign the number to be placed upon the license plates for motor vehicles. August 29, 1933
15- 324 Where the father of children is unable to support them, the children cannot be discharged from the state orphanage because their father has acquired a residence in another state. August 29, 1933
15- 325 The State Purchasing Agent may not specify in advertising for bids on gasoline required by the State that such gasoline must be refined within the State. August 31, 1933
15- 326 Where the holder of a M.R.C. license allow his insurance to lapse, his license is automatically cancelled, and it is necessary, if he wished to continue in business, for him to file an application for a new license. September 1, 1933
15- 327 To set forth real property in the assessment book or in a certificate of sale for delinquent taxes as being in a tract which is described by metes and bounds, and comprising a certain number of acres, without more, is not a sufficient compliance with the law. September 2, 1933
15- 329 Anyone not coming under the exceptions provided for in Sec. 3324, as amended, is liable for the statutory penalty if he does not obtain a certificate of inspection before shipment or removal of cattle from one county to another. August 28, 1933
15- 330 The law in relation to division or partition fences is exactly the same either within or without herd districts. So far as the question of trespassing stock within a herd district is concerned, it is not necessary for the owner of the land or crop to fence same before he may have his civil remedy for such trespass. September 8, 1933
15- 331 The liability to all persons of the surety on bonds given under the State Warehousemen's Act is limited to the penalty named in the particular bond. August 28, 1933
15- 335 Members of the teaching staff of the State University are employees, not officers of the State. Their expenses to conventions of state officers cannot be paid by the State, but such expenses may be paid where such teachers attend conferences necessary for the proper execution of the duties fixed upon them by law. September 23, 1933
15- 336 County commissioners have no power to retain an irrigation engineer for the purpose of making a preliminary survey of a proposed irrigation district to be financed by the Federal Government under the National Industrial Recovery Act. September 14, 1933
15- 337 Co-operative associations holding themselves out to the public as receiving agricultural seeds of any kind for storage for the public, must pay warehouse license fee and take out bond. September 14, 1933
15- 338 Claim No. 582498 files by the Montana Stained Glass Company, by reason of the facts recited and because it is not based upon a contract made according to either Chapter 149, Laws of 1927, or Chapter 66, Laws of 1923, is illegal. September 16, 1933
15- 339 Building and Loan Associations in process of liquidation must pay annual fee each year to state treasurer for examination by state examiner's office. September 16, 1933
15- 340 The State Examiner is required to examine without fee each year state officers and boards handling state money, but he is not required to examine boards which do not handle public moneys. September 18, 1933
15- 341 The term of a State Senator, elected to fill a vacancy caused by death of incumbent, in accordance with Governor's Proclamation, is for the term of the Senator he was elected to succeed (Art. VIII, Section 34 of Constitution) and failure of clerk to recite in certificate of election that the person was elected to fill a vacancy is immaterial. September 19, 1933
15- 343 If and when the City of Butte avails itself of the right given by law and the franchise ordinance enacted by it, and changes the grades of Park and Arizona Streets and Utah Avenue or any of them, then the Butte Electric Railway Company becomes obligated to raise or lower its tracks thereon at its own expense so as to make the grades thereof conform to the newly established grades of the streets. September 20, 1933
15- 344 Under Chapter 125, Laws of 1933, a count may not obtain a tax deed until five years from the time of issuance of a tax certificate if the owner pays one year's additional taxes during the period of four years allowed him to redeem. September 21, 1933
15- 345 State Banks have power with approval of Superintendent of Banks to borrow for seasonal requirements or unexpected withdrawals. September 21, 1933
15- 348 A school board of a district in Montana may not make an allowance for tuition, board or transportation for pupils attending a school outside of the State of Montana. September 23, 1933
15- 349 Where the County Attorney is disqualified, a board of school trustees has the power to engage counsel to defend it when suit is brought against the board. A school board has authority to settle claims to avoid litigation if good faith is exercised. Whether or not a settement should be made is as much or more a question of business policy than a question of law. September 25, 1933
15- 350 Where taxes are delinquent upon property in the hands of a receiver, the county treasurer should petition the court for an order directing the receiver to pay the taxes or, in the event there is not enough money on hand to do so, that he be permitted to seize and sell so much of the personal property as will suffice to satisfy the same. September 26, 1933
15- 351 The State Board of Land Commissioners may, by resolution, credit those persons who paid rentals for state grazing lands prior to March 2, with full payment upon the basis of Section 3 of Chapter 42, Laws of 1933. October 3, 1933
15- 352 Specifications for bids must be sufficiently definite and precise to furnish a basis for fair and intelligent bidding, but must not contain such restrictions in the way of detail as would prevent bidding and stifle competition. Opposite views are taken in case of patented articles or monopolies. October 3, 1933
15- 353 Where the federal government undertakes to improve the streets of a city without changing the grade as established by the city, a street railway company, operating a street car line on said street, may not be required to pay a part of the expense of such improvement. October 4, 1933
15- 355 In a special election held for the purpose of increasing the bonded indebtedness of a school district, Chapter 147, Laws of 1927, should be followed rather than the general registration laws. The general laws relating to the closing of registration, preparation and delivery of lists, etc., must be followed in an election for the selection of a school site. October 6, 1933
15- 356 The Ohio Oil company is liable for the taxes levied according to the provisions of Chapter 161, Laws of 1933, upon its net proceeds of 1932 although such levy is retroactive and the company has not operated in 1933. October 6, 1933
15- 357 Members of the State Abstracters Board of Examiners are entitled to mileage at the rate of 7c per mile. October 7, 1933
15- 358 A school district of this state may not pay tuition of pupils attending private or parochial schools. October 9, 1933
15- 360 As to individuals who obtained tax certificates before the passage of Chapter 176, Laws of 1933, the attempt by the legislature to fix the rate of interest at 8 per cent is invalid, and the certificates issued to private individuals before March 2, 1931, must draw interest at the rate of 12 per cent per annum until redemption is made. October 11, 1933
15- 361 Upon the resignation of the Governor the powers, duties and emoluments of the office devolve upon the Lieutenant Governor who discharges such duties in his original capacity. There is no vacancy in the office of Lieutenant Governor. October 16, 1933
15- 363 The state board of beauty culturists may fix reasonable conditions for the reinstatement of one whose beauty operator's license has expired. October 18, 1933
15- 364 Cities operating under the Commission Manager Form of Government are not required to comply with the Municipal Budget Law. October 19, 1933
15- 365 The sale of autofuel, a petroleum product containing more than two-tenths of one per cent of sulphur, is not illegal under the facts presented. October 19, 1933
15- 366 An appeal to the District Court does not stay the order of the State Board of Equalization revoking a license to sell beer until final disposition of the appeal. October 20, 1933
15- 367 Under the provisions of Section 1, Chapter 119, Laws of 1927, the moneys received from the Federal Government for oil and gas royalties and rentals should be distributed equally between the common school equalization fund and the state highway fund. October 18, 1933
15- 368 The State Superintendent of Banks may borrow money from the Reconstruction Finance Corporation for the purpose of paying dividends to creditors of closed banks being liquidated under his supervision and pledge the assets of said close banks as security. October 20, 1933
15- 369 A member of a building and Loan Association in liquidation may not set-off payments made for shares of stock in the association against his indebtedness to the association for money borrowed. October 21, 1933
15- 371 A road does not cease to be a public highway until formally abandoned or changed as provided by law. October 26, 1933
15- 373 When the state board of land commissioners extends from year to year the time for the commencement or completion of drilling on land held under an oil and gas lease from the state, such extension may be terminated at the end of any year by the state. September 27, 1933
15- 375 Reciprocity with other states does not require the Board to recommend, for a certificate to practice nursing, an applicant whom they find to be unqualified under the Laws of Montana. October 28, 1933
15- 376 Where it is desired to detach territory from an existing school district in one county and have such territory attached to an existing district in another county, thus forming a "joint district", the procedure provided by Chapter 175, Laws of 1933, coupled with the provisions of Section 1035, R.C.M. 1921, should be followed. October 27, 1933
15- 378 County Commissioners have power to hire an employment manager for the purpose of providing and caring for dependent poor. October 31, 1933
15- 379 The registrar of motor vehicles may require ample and satisfactory evidence of good title from any applicant before registering any motor vehicle. November 3, 1933
15- 380 A pupil's home school is liable for the high school tuition charges of a pupil committed to the State Industrial School and may pay the same without waiting until the adoption of the next budget. November 7, 1933
15- 381 The provisions of the Montana Liquor Control Act do not violate the Commerce Clause of the United States Constitution in view of the provisions of Section 2 of the proposed 21st. Amendment. November 8, 1933
15- 382 Claims arising out of the administration of the Farm Loan Act and the State Lands Act are not a proper charge against the Permanent School Fund but are a proper charge against the common school interest and income fund and no appropriation was necessary to authorize their payment. November 9, 1933
15- 383 In the absence of contract the state has no right upon which to base a claim to any part of the proceeds of an insurance policy under which a lessee of state lands has been indemnified for the loss by fire of his residence, built upon such lands. November 10, 1933
15- 384 It is not legal for county officials to order publication of notices in any paper except the official newspaper. Contract for printing with a newspaper other than the paper with which the county has made a contract is illegal and void and the contract price cannot be collected. Recovery may be had on the basis of quantum meruit only in the event actual benefit to the county has resulted. October 10, 1933
15- 386 Giving a one dollar bill to such persons as may find one in the package of butter purchased is a lottery and is illegal. November 14, 1933
15- 387 Chapter 59, Laws of 1933, is intended to apply to officers elected or appointed prior to enactment, insofar as it does not violate the Constitution, Article V, Section 31. Changing the compensation of a public officer from fee basis to salary basis is not necessarily increasing or decreasing his compensation. Unless such effect is apparent it will be presumed that the Legislature and Governor, before the passage of the Act, found to the contrary. November 14, 1933
15- 388 When a county is the holder of a certificate of sale and the time for redemption has expired, a board of county commissioners may at any time within three (3) years after the time for redemption has expired, order the county clerk to apply to the county treasurer for a tax deed. The board cannot be coerced by the court into so doing, but mandamus may be invoked after the three (3) years have expired. November 15, 1933
15- 389 A merchant who sells meat purchased from packing houses or from another meat market, and who does not actually slaughter or cause to be slaughtered, meat cattle is neither a butcher nor a meat peddler. A merchant who buys and slaughters his own cattle to supply beef to sell at his store must obtain butcher's license if he sells the equivalent of more than 25 carcasses, beef and/or veal, in any one year. November 15, 1933
15- 390 The members of the Livestock Sanitary Board and the State veterinary surgeon are public officers and the doctrine of respondeat superior does not apply to them. November 17, 1933
15- 391 Section 8 of Chapter 89, Laws of 1927, should not be construed as requiring a commercial bank which is doing a savings bank, trust or investment company business, to have $100,000.00 capital in addition to the capital required of a commercial bank. November 18, 1933
15- 392 Sections 18 and 44, Chapter 148, Laws of 1931, must be read together to get the legislative intent; Trustees of District High School Districts have jurisdiction only over pupils residing within the district to decide which shall attend; Trustees of County High School Districts man, in their discretion, assign and re-assign pupils to high schools within the county as may, to them, seem for the best interests of the schools or the pupils; Each pupil attending the required time should be accredited to that high school to which he shall be assigned. The question of "most accessible" high school involves a question of fact for the trustees to determine. November 18, 1933
15- 393 R.C. 4465 as amended by Chapter 100, Laws of 1931, contemplates leasing of county owned lands for rents in the shape of money only. Therefore, since under the Wheat Adjustment Plan the landlord or owner is not entitled to any part of adjustment payments where the rent is required to be paid in cash, the county cannot be placed in a position to receive such adjustment payments. November 21, 1933
15- 394 The tests for determining whether one is a public officer are: first, whether sovereignty is the source of authority: second, whether the duties are of a public character; and, third, whether the tenure is fixed and permanent for a definite period fixed by law. A member of the Athletic Commission is a public officer. The Veterans' Memorial Fund is a public fund. What are the necessary expenses of the commission is largely a matter within the judgment and discretion of the commission and of the State Board of Examiners. November 22, 1933
15- 395 Section 17, Chapter 89, Laws of 1927, required forty-two days notice between date of mailing, as well as first publication of notice, and the date of stockholders' meeting. November 23, 1933
15- 396 Necessary expenses of administration of an estate by a Public Administrator come under the probate provisions of the statutes and must be allowed in accordance therewith. The Board of County Commissioners has no jurisdiction to pass upon or allow such claims for expenses. November 23, 1933
15- 397 Section 3, Chapter 102, Laws of 1931, provides for a "penalty" and does not require a showing of actual damage even though the wording "liquidated damages" is used in connection therewith. The penalty may not be avoided not the offense cured by subsequent payment in full for time employees were required to work in violation of Chapter 102, Laws of 1931. It is the duty of the contractor to see that his sub-contactors are responsible and that they carry out the terms of his contract; he may not evade responsibility therefor. November 25, 1933
15- 398 County officers and deputies, whose offices and salaries are determined and fixed by law, may take reasonable vacations with pay and the county commissioners have no authority to diminish their salaries. County commissioners may, by express contract, or by reason of contract implied from custom, or by rules established by them, allow reasonable vacations with pay to deputies and employees whose positions and salaries are determined and fixed by them. November 27, 1933
15- 399 Beer vendors, selling beer by the glass, are engaged in maintaining a soft drink establishment and are subject to the provisions of R.C.M. 2589 requiring a license therefor, and are subject to regulation by the State Board of Health. November 27, 1933
15- 400 Under Chapter 161, Laws of 1933, the net proceeds of the Northwestern Improvement Company and the royalty of the Northern Pacific Railway Company for the year 1932 must be taxed according to the rate fixed for that year and not according to the rate fixed for the year 1933. November 27, 1933
15- 401 Preferred stock, capital notes or capital debentures given or issued to the Reconstruction Finance Corporation by state and national banks and held by the Reconstruction Finance Corporation are exempt from taxation. November 29, 1933
15- 403 The county treasurer or his deputy is not eligible to hold the office of clerk of a school district because the two offices are incompatible. December 4, 1933
15- 405 Where a mother and her children are wholly dependent upon the labor of the mother for care and support, the children are entitled to the allowances fixed by section 10481. The Board of County Commissioners have authority to reduce the allowance named in Section 10481, to what they think is actually necessary when a mother or her children have property or income which may be used for the care and support of the children. December 6, 1933
15- 406 Seed grain loans are entered as a special tax against the property of persons benefited and are a lien until paid or until the property is sold for payment. December 8, 1933
15- 407 A Justice of the Peace may not release one who pleads guilty of an offense, for the purpose of raising funds with which to pay the fine. December 18, 1933
15- 408 Bastardy cases are special proceedings to be tried as civil actions and resulting in civil liability. Not being a felony, two-thirds in number of the jury may render verdict. The witnesses must be subpoenaed at state expense. December 19, 1933
15- 411 Section 2211, as amended, permits one who redeems real property from tax sale to clear his title to such redeemed property by paying the proportionate share of delinquent personal property tax which is a lien against a group of real property which includes such redeemed property. December 20, 1933
15- 412 Registered county warrants must be paid in the order of their registration. The "Debt Reduction fund" provided for in Section 3, Chapter 160, Laws of 1933, does not relieve the general fund of the county from paying, in the order of their registration, any warrants left outstanding after the exhaustion of such "Debt Reduction Fund." December 20, 1933
15- 414 Whether or not a child, who is one-eighth Indian, is of the white "race" for the purposes of adoption statutes depends upon his environment, the circumstances attending his bringing up, and upon whether or on the has maintained tribal relations with Indians. December 23, 1933
15- 415 Under Chapter 105, Laws of 1933, (The Liquor control Act) authority to purchase liquors and to lease, furnish and equip liquor stores is confined exclusively to the Montana Liquor Control Board; the State Purchasing Agent has no authority in these matters. January 4, 1933
15- 416 The Superintendent of Banks has no authority under the statute to vote bank stock by proxy, and his doing so would be inconsistent with his duties as Superintendent and in violation of Section 58, Chapter 89, Laws of 1927. January 5, 1934
15- 417 Section 5653, R.C.M., 1921, as amended by Chapter 133, Laws of 1927, validly gives honorably discharged veterans a preference, where qualifications are equal, to public positions filled by appointment. The Veteran must apply for the position and point out his right to preference. He may apply to the courts for redress where it appears that he was arbitrarily or capriciously or in bad faith refused the appointment. January 9, 1934
15- 418 In subdivision (b) of subdivision 4 of Section 2, Chapter 159, Laws of 1933, amending Section 1758, R.C.M. 1921, the reference to Sections 9594-9596, R.C.M. 1921, instead of to Sections 7594-7596, R.C.M. 1921, was clearly a clerical error and the plain intent will control the clerical error. January 12, 1934
15- 420 The Montana Liquor Control Board does not have authority, under the Liquor Control Act of Montana, to authorize a wholesale drug company, doing business in this state, to purchase from a distillery and to keep on hand in a warehouse in this state supplies of liquor to be sold in other states in conformity with the laws thereof. January 17, 1934
15- 422 A solvent building and loan association has power to assign and transfer Home Owners' Loan Bonds to a member in cancellation of its stock or outstanding contractual obligations without considering the sequence of the order of registration for withdrawals. January 17, 1934
15- 423 The county commissioners have power to purchase paint and other supplies from the Poor Fund for the purpose of keeping the poor employed. January 23, 1934
15- 424 Chapter 65, Laws of 1933, requires that published notice of sale shall be sufficient to describe the lands to be sold. January 23, 1934
15- 427 Applications for registration of motor vehicles by the owner thereof, as distinguished from a dealer in motor vehicles, must be made to the county treasurer of the county where such motor vehicles are owned, and to him alone. January 25, 1934
15- 428 The Embalmers' License Fund is really a trust fund in which the public has no direct interest; and A warrant may be legally drawn thereon to pay the expenses of one who is not a representative of the State Board of Health and not on the State payroll, but who acted in a personal capacity representing the State Association of Embalmers, a private association, as a representative to the Embalmers Convention held outside the State of Montana. January 25, 1934
15- 429 Acceptance of the contract by the State Highway Engineer in charge of particular work is acceptance by the commission. Claims of subcontractors, materialmen and laborers may be filed as soon as the service or supplies are furnished by them; therefore, the action or non-action of the Commission becomes immaterial for the purpose of computing the statutory period within which subcontractors, materialmen and laborers must file notice of claim against bondsmen. January 20, 1934
15- 430 State funds must be deposited in accordance with mandatory provisions of law, and the State Depository Board cannot accept Federal Insurance in lieu of the security required of a Depository by such mandatory law. January 29, 1934
15- 432 When taxes have been paid under protest and when the three per cent limit of indebtedness placed upon school districts by the constitution is not involved, the county treasurer may legally register school district warrants, so long as the amount of the warrants issued does not exceed the budget and subject to the limitations of R.C.M. 964, as amended. When, however, the warrants issued exceed the constitutional limitation unless the amount of the protested taxes are taken into account, then the warrants would be void and the county treasurer is without authority to register them. January 19, 1934
15- 433 A county treasurer may not accept an application for the registration or re-registration of a motor vehicle for the year 1934 without payment of delinquent property taxes on such vehicle which are not a lien upon real estate. Where applicant for registration shows good certificate of title to a motor vehicle, and where said motor vehicle was operated in Montana during the year 1933 or previous years and was subject to registration or re-registration but was not so registered or re-registered in Montana, the county treasurer may accept application for registration without collecting delinquent license tax. The application for registration need not be a sworn or verified application. January 31, 1934
15- 437 The minimum salaries for chief deputies and deputies of county officers are fixed by Section 4873, R.C.M., 1921; Section 4874, R.C.M., 1921, as amended, permits county commissioners to fix salaries of deputies where same are not fixed by law, provided such salaries shall not be fixed at more than 80% of the salary of any officer whose deputy they may be; Therefore, any salary of any chief deputy or deputy fixed by the county commissioners between these limits is a legal salary. February 1, 1934
15- 438 A tax upon incomes is one of the constitutional methods of raising revenue. The Legislature, so long as it keeps within constitutional limits, is vested with exclusive power to determine how, when and for what purposes public funds shall be applied in carrying on the government. Since the income tax is certain to put far more into the Common School Interest and Income Fund and the Common School Equalization Fund than will be taken out by the appropriation for general administrative expenses, there is no danger of infringement of any constitutional provision. February 2, 1934
15- 438 No procedure being prescribed by statute to obtain an order of the court and bond as required by statute in cases where warehouse receipts are lost, no exclusive procedure can be prescribed, but a procedure is suggested which will protect all of the interested parties. January 30, 1934
15- 439 Whether or not funds from the Poor Fund of a county may be used to purchase land for an airport within the county, to be constructed under the C.W.A., is a question of fact which the county commissioners must determine in the exercise of a wise, sound and honest discretion. If the county commissioners find such expenditure necessary, no transfer of funds is necessary but same may be spent out of the Poor Fund. February 2, 1934
15- 440 The Speaker of the House of Representatives is not entitled to salary for two days in coming to Helena to authenticate House Journal, but if appropriation of Legislature for incidental expenses is sufficient, his expenses may be paid therefrom. February 3, 1934
15- 441 Section 195, R.C.M. 1921, authorizing contingent revolving accounts, furnishes a definite rule of procedure for expending funds under the Liquor Control Act. Detailed procedure for establishing such Contingent Revolving Fund and for making expenditures therefrom is set forth. February 3, 1934
15- 442 A bank closed on March 4, 1933, by proclamation of the Governor, which did not re-open for business, cannot be assessed on its moneyed capital but must be assessed on its solvent credits like any other corporation. February 6, 1934
15- 444 Where funds available to Livestock Sanitary Board are not sufficient to provide an immediate tuberculin test of dairy cattle, and such test is necessary, incidental expense in assisting the State Veterinary Surgeon and his deputies may be paid by county, being in the interests of public health. February 6, 1934
15- 445 General rules for determining the ownership of islands in navigable and non-navigable waters within the state are set forth. February 7, 1934
15- 446 The words "dressed beef or veal" as used in Chapter 172, Laws of 1931, refer to fresh beef or veal prepared by slaughter, removal of hide and entrails and in condition for consumption. February 8, 1934
15- 447 Rules and regulations of the State Board of Health do not permit exclusion from the public schools of a pupil whose family may be suffering from trachoma but who is himself free from the disease. The County Board of Health may prescribe more stringent regulations. February 8, 1934
15- 448 The authority of the State Board of Health, under the Food and Drug Act, is confined to inspections for the purpose of enforcing the standards of purity required by the statutes and the sanitary conditions of places of business; it does not extend to the enforcement of the Weights and Measures Act. January 27, 1934
15- 449 It is the intent of Section 4536, R.C.M., 1921, as amended by Chapter 181, Laws of 1931, to provide for the decent burial of veterans only when the deceased's estate, or relatives or friends cannot provide for such decent burial. February 6, 1934
15- 451 The general laws governing corporations must control when questions concerning the incorporation of or the government of co-operative associations are not covered by the Co-operative Associations Act, Sections 6375-6396, R.C.M., 1921. Where the question of fees for services performed by the office of the Secretary of State is not covered by the Co-operative Associations Act, the general laws governing corporations will control. February 7, 1934
15- 454 An owner who brings a beef hide from another county need not have the same inspected before selling such hide in another county. An owner selling beef hide to hide buyer at his place of business need not have the hide inspected before such sale. There is no statute requiring a license from one dealing exclusively in beef hides. February 9, 1934
15- 455 Chapter 97, Laws of 1933, does not enlarge the statutes so as to permit the same record and the same fee for the recording of brands and tattoo marks for fur-bearing animals and marks and brands for domestic animals and livestock. February 9, 1934
15- 458 Under Chapter 34, Laws of the Extraordinary Session, 1933, receipts from delinquent taxes may be considered current revenues to pay current expenses where school districts are operating on Cash Basis or "Pay-as-you-go Plan." February 14, 1934
15- 459 The petition to the Reconstruction Finance Corporation, to obtain a loan, containing no reference to the execution of a contract between the petitioning Irrigation District and the United States or any instrumentality of the United States, should not, in its present form, be signed by the State Board of Land Commissioners, such action not being expressly authorized by Section 1, Chapter 58, Laws fo 1929. February 14, 1934
15- 460 Under express provision of Chapter 62, Laws of 1929, amending Section 20, Chapter 57, Laws of 1927, Building and Loan Associations must be taxed upon their moneyed capital in addition to their real and personal property. February 15, 1934
15- 461 A building and loan association, on withdrawal notice, may mot use cash collection to make new loans before meeting all demands of members for withdrawal. February 16, 1934
15- 462 The owner of city or town property must pay his special improvement taxes, if any, at the same time he pays the first installment of his state, county, and municipal taxes. The County Treasurer is not permitted to receive the latter without insisting upon payment of the former. February 16, 1934
15- 463 1. County may redeem lands sold under contract from tax sale certificate assigned by county treasurer to a third person. 2. Such redemption money must be paid out of the general fund and cannot be taken from or withheld later from the various special funds, in absence of statutory authority. 3. County commissioners may instruct treasurer to not assign tax sale certificates on lands sold under contract, when the purchasers are delinquent in payment of installment or taxes. January 26, 1934
15- 464 In the absence of statute or contract prohibiting it, the amount of the bond required of the city treasurer may be reduced if the city council deem it excessive. February 16, 1934
15- 465 Sections 5 and 11, of Chapter 178, Laws of 1933, are not inconsistent; Section 5 regulates the preparation of a preliminary budget by the school board, and Section 11 places certain limitations on boards of county commissioners in making the levy. The levy up to seven mills is legal whether or not it produces $125, or more, per pupil, but the levy may not exceed seven mills. February 17, 1934
15- 466 The county treasurer, under Section 2207, R.C.M. 1921, is without power to assign the right of a county to a part only of a tract bid in for delinquent taxes; or to take less for the assignment of right than the full amount specified in the statute. February 19, 1934
15- 467 A stepfather of children whose mother is deceased, has, by reason of the relation merely, no right to the custody of the children but he may be entitled to the custody if he stands in loco parentis to such children. A person standing in loco parentis to a child is entitled to the custody of such child as against third persons. February 19, 1934
15- 468 High schools in counties, both where there is a county high school and where there is not a county high school, may budget for a cash reserve to run the high school from July 1 to December 1. February 17, 1934
15- 469 Upon recommendation of the county superintendent the county commissioners may include in any high school budget an amount sufficient to pay for the transportation of, or rent of quarters for, students eligible for high school. Nothing in addition to the general budget or general levy can be made available for this purpose. February 17, 1934
15- 470 National Guardsmen, under Chapter 51, Laws of 1925, are not liable for poll tax, or any similar tax, during their term of service which includes any time when they are subject to call to duty. February 21, 1934
15- 472 Under Section 1, Article XVIII of the Constitution and Sections 3555, 3556, and 3557, R.C.M., 1921, Stafford has the right to hold office as Commissioner of Agriculture until February 2, 1934 and, having discharged the duties of his office to that date, he is entitled to his salary for the month of January, 1934. February 24, 1934
15- 473 A county is not liable for a mother's pension unless the applicant shall have been a resident of the county for at least one year prior to the making of application for pension. February 26, 1934
15- 474 It is the duty of the school board, under Section 1015, R.C.M., 1921, as amended by Chapter 122, Laws of 1931, to see that contracts with teachers are executed in writing as provided; if they do not the blame is on the board rather than on the teacher. Where the board, while in session, duly authorized the employment of a teacher and made entry on its minute records to that effect, and the teacher entered upon her duties under such arrangement for four months, she may collect her salary. February 26, 1934
15- 475 A dealer in Motor Vehicles, if he handles second hand vehicles, must pay a $5.00 license fee in addition to the dealers license provided in the general motor vehicle laws. February 27, 1934
15- 477 A Liquor Vendor is not, within the meaning of Section 7, Article V of the Constitution, a civil officer. Therefore, the Liquor Control Board may appoint, during his term, a member of the Legislature to the position of Vendor. February 28, 1934
15- 478 The office of Assistant Income Tax Auditor is not a "civil office" under the Constitution. There are no constitutional or statutory provisions in this state which prohibit the employment of a Legislator in a position created by the assembly of which he was a member. March 1, 1934
15- 479 The action of the executive in issuing or refusing extradition is purely a matter left to his own discretion and no power can be brought to bear to force him to request or not to request an extradition. March 2, 1934
15- 480 A veteran who served overseas is not automatically admitted to citizenship but must file an "overseas petition" and take the oath of allegiance in proper form. March 2, 1934
15- 481 Section 2153, R.C.M., 1921, as amended, makes every tax a prior lien upon the personal property taxed as well as a lien on the real property of the owner, and such lien takes precedence over a valid mortgage. Bankruptcy will not defeat a tax lien. Therefore, since the tax lien takes precedence over a mortgage lien in this state, the county may not refund to the referee in bankruptcy the money paid to the county for taxes due from, and paid by, the bankrupt. March 2, 1934
15- 483 Where territory is transferred from one school district to another, the delinquent school taxes due in the territory so transferred, at the time of transfer, must be paid to the school district from which such territory was detached. March 1, 1934
15- 485 Chapter 35, Laws of the Extraordinary Session, 1933, dealing with a particular group of persons and restricted to them, provides that the members of the Water Conservation Board shall receive "actual traveling and maintenance expenses." March 7, 1934
15- 486 Under Section 10483, R.C.M., 1921, as amended by Section 2, Chapter 133, Laws of 1933, 50% of the Poor Fund of the County is automatically set aside for payment of Mothers Pension Warrants. All mothers on the Mothers Pension Roll or Fund of the county are on an equal footing. Where the residue of the fund is not sufficient to pay even one month's pension for the remainder of the fiscal year, it should be prorated among the mothers entitled thereto. March 7, 1934
15- 487 A motor vehicle, engaged in interstate traffic only, must conform to the provisions of Chapter 184, Laws of 1931, by obtaining a Class C Interstate License, and by the placement of insurance bond or other approved security with the Railroad Commission. Such motor vehicles must be registered and pay fees in the same manner as is required in the case of domestic owned vehicles. March 8, 1934
15- 489 There is no authority, either express or implied, for the county commissioners to execute an agreement, if such it can be called, with the Federal Government not to hold delinquent taxes against Federal right-of-way property for power line from Fort Peck project. March 8, 1934
15- 491 A citizen of the United States who was convicted of a violation of the Volstead Act did not thereby lose his citizenship. The constitutional and statutory provisions of Montana, relating to right of suffrage, relate only to conviction of felony under the laws of Montana. Hence, the right to register for popular elections under the Montana laws exists unimpaired, and the continuance in force or the repeal of the Volstead Act could not possibly affect the right. March 12, 1934
15- 493 The phrase "interstate settlement" has no meaning in connection with Montana relief statutes, and the phrase "legal settlement", as used in some States, is practically synonymous with "residence" in Montana pauper statutes. To be entitled to relief one must, under Section 4531, R.C. M., 1921, as amended by Chapter 19, Laws of the Extraordinary Session, 1933, have resided in the county to which he applies for a period of one year, except in cases of extreme necessity. March 13, 1934
15- 494 It is always presumed, when there is a question, that it is not the intent of the state to tax its own property. The privilege and license tax of three-eighths of one cent per barrel on crude petroleum levied and assessed under Section 14, Chapter 18, Laws of the Extraordinary Session, 1933, is not to be collected on crude petroleum or the income from crude petroleum belonging to the State of Montana. March 14, 1934
15- 495 Under Chapter 147, Laws of 1927, the state treasurer must charge at the rate of six per cent per annum on school bonds, amortization coupons and interest coupons on which payment is delayed, from the time they become due until they are paid; and said rate must be charged irrespective of the rate of interest on the bonds themselves. March 17, 1934
15- 496 In the absence of any statutory provisions regulating the custody of funds and payment of registered warrants in elementary joint school districts, it is reasonable to follow the provisions governing high schools in the same matter. A teacher should not be made to suffer where school officials have caused her to register warrants in the county of a joint school district which does not have custody of the funds, and not in the county which does, since the obligation is an obligation of the district. February 26, 1934
15- 497 Chapter 19, Laws of the Extraordinary Session, 1933, authorizes temporary relief to anyone on application, but permanent relief only to persons who have resided in the county for not less than one year next preceding the date of application. "Residence", within the meaning of the Act, can only, under Section 33 (7), R.C.M., 1921, be gained for purposes of relief under Chapter 19, supra, by the union ot the act and intent of residing within the county and state; and the "intent" there referred to must be determined by the facts and circumstances involved in the particular case under consideration. March 13, 1934
15- 499 The purchase of materials and supplies in excess of $500 for repairing a courthouse is within the provisions of Chapter 8, Laws of 1933. March 23, 1934
15- 500 One who does not take orders but conducts a wholesale business from a truck is a dealer at wholesale and subject to the provisions of Chapter 164, Laws of 1933. What constitutes an order for merchandise to be shipped into the state must be determined by the facts and circumstances of each case, but a request for fruit and vegetables, without quality, quantity, amount, price, etc., would hardly amount to an order. March 24, 1934
15- 501 Appropriating money for the purpose of enabling administrative officers to make refunds in proper cases is a matter exclusively for the legislature. The legislature having made no appropriation, setting apart a fund out of which the State Fish and Game Commission may make refunds where the licensee has purchased the wrong license, or two of the same type of licenses, the Commission was and is without power to do anything in the premises. March 26, 1934
15- 502 The County Commissioners may use poor funds to pay for truck and team rentals, gas and oil, blacksmiths' repairs, and maintenance of equipment in connection with employment under C.W.A. Relief if the Commissioners find the same necessary for relief of the poor. March 26, 1934
15- 503 An operator of a grain elevator who sells thereat to members of the public grain, seed, feed and coal, or some or any of them, is engaged in maintaining and conducting a mercantile establishment and must obtain the license and pay the filing and license fees required by Chapter 155, Laws of 1933. March 27, 1934
15- 505 A county may not, by supporting indigent poor in another county, be relieved of its duty to support such indigent poor. Indigent poor, who are being supported at public expense in one county, are incapable of establishing residence, for the purpose of relief therein, in another county. March 31, 1934
15- 506 The Federal Statute, providing for jurisdiction in Bankruptcy Courts of agricultural compositions and extensions, is intended to include a moratorium for farmers pending and during these proceedings; therefore, said Act forbids the issuance of a sheriff's certificate and deed upon foreclosure while such proceedings are pending. April 9, 1934
15- 507 The county is liable to a physician who performs an emergency operation where the facts show that delay to first obtain authority from the county officials would have caused extreme suffering and probably endanger the life of the patient. April 10, 1934
15- 508 The statutes of this state require the use of an "X" in preparing a legal ballot in the election of special road district directors. April 11, 1934
15- 509 It is the duty of the Registrar of Motor Vehicles to cancel a dealer's license which was obtained by misrepresentation or which is used otherwise than in the usual, ordinary conduct of his business as a dealer. The statutory penalty of $25 for misuse of dealer's license, or for operating as a dealer without a dealer's license, may be enforced in successive actions as long as the dealer persists in such offenses. April 12, 1934
15- 510 The fact that an elector of one school district purchased land in another school district has no bearing upon his right to vote at an election in the first district unless it can be shown that he intended to change his place of residence to such new district and had done so before such election. April 12, 1934
15- 511 School district elections in districts of the third class are more or less informal but they must be conducted in a manner that will plainly show the intention of the voters and the ballots must be marked so that the judges of election may determine the name of the person voted for for trustee, and the term, or the ballot is worthless and should not be counted. April 12, 1934
15- 512 County lands leased under authority of Chapter 65, Laws of 1933, do not carry an implied restriction that such leases are made subject to sale, but the board of county commissioners, if they desire, may expressly make the leases subject to sale. April 12, 1934
15- 514 It is not necessary that purchases of supplies for the Montana Relief Commission be made through the State Purchasing Agent. April 16, 1934
15- 515 Boards of County Commissioners have the power to act jointly in laying out, controlling and maintaining public highways in adjacent counties. But it is extremely doubtful that a board of county commissioners is vested with power to act alone to improve or keep in a state of repair that part of a highway running from that county into another, which lies in the latter county. April 18, 1934
15- 516 The trustees of an elementary school district have no power to contract for the transportation of high school pupils. Section 1, Chapter 102, Laws of 1929, may authorize transportation of pupils out of one district into another without requiring that the schools in the latter district be closed. Pupils of schools other than the contracting district may be furnished transportation so long as such transportation is not a charge against the district contracting and so long as such pupils, or their parents, pay their proportionate share for such transportation. April 19, 1934
15- 518 Chapter 103, Laws of 1927, does not apply to wrestling exhibitions so as to require the promoters to take out a license and to pay a 5% tax upon receipts. April 24, 1934
15- 519 The bed of a navigable stream is owned by the State and not by the riparian owner or by the United States. A sudden change of the course of a stream is called an avulsion and the law differs from the ordinary law of accretion. In case of avulsion the State of Montana has title to the abandoned river bed. The same rule might apply to the increase of an island caused by an avulsion (as distinguished from accretion). April 27, 1934
15- 521 In exchanging county lands for other lands of equal value, under authority of Chapter 65, Laws of 1933, it is apparently the intent of the law, and is the fair way to proceed, for the county commissioners to petition the District Court for appointment of appraisers of the lands to be conveyed by the county and of the land to be received by the county, in order to ascertain whether the latter is of "equal value" with the former. May 1, 1934
15- 522 The correction of honest mistakes in expenditures by a transfer to the fund from which the expenditure should and could legally have been made to the fund from which it was mistakenly made, does not violate the spirit, intent and purpose of the Budget Act. May 1, 1934
15- 524 Section 12, Chapter 57, Laws of 1927, is a definite limitation and provides that not exceeding ten per cent of the assets of a building and loan association may be invested in "such other bonds and securities as may be approved by the Superintendent of Banks." Chapter 5, Laws of the Extraordinary Session, 1933, does not remove such limitation but merely declares the confidence and approval of the Legislature in bonds of the Home Owners' Loan Corporation and authorizes investment therein by the persons, associations and corporations named. May 2, 1934
15- 525 State banks have authority to pledge assets to secure state, county and city funds except as limited by Chapter 23, Laws of the Extraordinary Session, 1933, relating to county, city and town funds guaranteed or insured according to law. May 3, 1934
15- 526 County Commissioners may not require a state bank to deposit assets to secure funds of county, city or town where such deposit is guaranteed or insured according to law. May 3, 1934
15- 527 Section 12, Chapter 66, Laws of 1923, prohibits a legislator from being a party to a contract for sale of goods or supplies to the state in his own name or from entering into such contract by or through a trustee or "dummy". But the statute is not broad enough to cover a contract of sale executed by a legislator who is merely employed by the corporation as an agent or who is only an ordinary shareholder; though it would cover a case where he is, in effect, the corporation. May 5, 1934
15- 528 In House Bill NO. 337, Laws of 1933, to avoid ambiguity by reason of evident inadvertant omission, the words 'From the Gasoline Inspection Fund' may be inserted immediately under the words "Gasoline Licensing Division". Should said appropriation be invalid because it is an appropriation for a special purpose from a special fund included within a general appropriation bill, still, under Chapter 109, Laws of 1927, the State Gasoline Inspection Fund may be drawn upon for the payment of salaries of employees engaged in the work of inspection as outlined in said Act. May 24, 1934
15- 529 The proper filing fee to be collected by the Secretary of State for a nominating petition for Chief Justice of the Supreme Court is one per cent of the total yearly salary, or $75.00. May 8, 1934
15- 530 The corporation license tax, levied under Chapter 166, Laws of 1933, is assessable on both domestic and foreign corporations on income derived from sources within the State of Montana from interest on bonds, notes and other interest bearing obligations of residents, corporate or otherwise. But such license tax is not levied on like securities of non-residents, corporate or otherwise, since it is the source of income, not the situs of the evidence of the indebtedness or of the security which governs the levy. May 8, 1934
15- 531 Truck owners from Canada who buy produce in Montana and haul it home for their own use are not within the provisions of Section 7, Chapter 126, Laws of 1933, subjecting foreign licensed trucks to Montana license fee. Tourists operating a leased bus, if the lease covers not less than thirty (30) successive days, are entitled to the privileges granted non-resident owners, under Chapter 126, Laws of 1933, of thirty (30) days operation in the state without payment of license fee. May 1, 1934
15- 532 If there is any conflict between Chapter 153, Laws of 1933, permitting county commissioners to install "stock passes" over highways, and Section 1653, R.C.M., 1921, then the former, being the last expression of the Legislative will, would control. Chapter 153, Laws of 1933, contains nothing which makes it obnoxious as class legislation. May 10, ,1934
15- 533 Where a school building which was sold was erected with general school funds, the proceeds of sale should be returned to that fund; but where erected from proceeds of sale of bonds, the proceeds of the building should be placed in the sinking fund to pay or redeem the bonds. May 11, 1934
15- 534 Funds of a school district not expended during the school year, in accordance with the appropriation provided in the budget, will lapse. Such funds may not be used "in repairing the school." May 11, 1934
15- 535 Foremen and timekeepers employed by the State Highway Commission or by contractors in the construction of public highways are within the scope of section 2 of Chapter 116, Laws of 1929, which provides that "a period of eight hours shall constitute a day's work" in all public works or undertakings. May 18, 1934
15- 536 All retail stores, including those which retail beer, come under the provisions of the "Eight Hour Day Law." "Split shifts" are not prohibited so long as the total hours worked per day do not exceed the total limit fixed in the Act. May 23, 1934
15- 537 Answering a letter of inquiry which requires merely a reference to a card, index or file to obtain a name or date, or similar information, is not a "search" within the meaning of Section 145, subdivision 15, R.C.M., 1921. May 29, 1934
15- 538 No county treasurer may accept application or receive license fee for any automobile from an owner, or from an automobile taxpayer, residing in another county. May 29, 1934
15- 540 Individual liquor stores have no books or accounts to be examined by the state examiner. State examiner must examine the books and records of the Liquor Control Board once each year and may examine such books and records more often in his discretion. June 1, 1934
15- 541 Chapter 16, Laws of the Extraordinary Session, 1933-34, expressly provides that money borrowed by a bank on capital notes or debentures shall be considered as part of the capital structure for the purpose of determining the maximum amount of loans. June 1, 1934
15- 542 Under Federal Law, no one may sell intoxicating liquor to Indians, including mixed bloods, who are wards of the Government; and this law applies off as well as on reservations. But an Indian not a ward of the Government and not maintaining tribal relations may buy liquor as freely as whites. June 2, 1934
15- 543 The county treasurer is not authorized, prior to tax sale, to accept payment of taxes on a tract or plot of land which was assessed as part of a unit with other lands. But after tax sale, the owner or any person interested may redeem a portion of the real estate and require the county treasurer to compute the amount of taxes necessary to be paid to redeem such part. June 4, 1934
15- 544 Sections 7 and 8 of Chapter 126, Laws of 1933, are controlling as to when a non-resident, who operates a motor vehicle in this state, must secure a Montana license. May 23, 1934
15- 545 Where a political party did not receive 3% of the cast in the congressional district, it may nominate a candidate for congress at a primary convention. In a county where a political party did not receive 3% of the votes cast for congressman, its candidates for county offices may be nominated by primary convention, but where it did receive such 3% vote its candidates must be nominated by primary election. May 24, 1934
15- 546 A deed purporting to transfer all property belonging to the grantor located within the State of Montana is entitled to be recorded. It is the duty of the clerk and recorder to record the deed and to make such other entries on his records as are necessary to give notice of the transfer of title to all lands owned within the county by the grantor. June 4, 1934
15- 548 The county clerk should not accept the application for registration as an elector of one who is not a resident at the time of application, who will not have been a resident for the required period before the election, and whose application card was made without the county. June 6, 1934
15- 549 As a general rule, in order to secure a refund of taxes once they have found their way into the state treasury and are subject to allocation, two things must coincide, namely, legislation permitting it and an appropriation by the legislature to meet the same. But the regulation adopted by the Board of Equalization may be all right in so far as it contemplates refunds of income taxes out of the suspense account, if in fact it does, in the cases covered by sections 22 and 25 of Chapter 181, Laws of 1933. June 7, 1934
15- 550 Expenditures, for the purposes authorized, of the proceeds of bond sales for building purposes are exempt from the budget law and require no further authority than a bond issue duly authorized at an election duly called and held. June 8, 1934
15- 551 The district, court has the power to commit a delinquent to the State Industrial School and to then suspend the sentence and place the delinquent under the supervisory control of the parole officer and in the temporary custody of the delinquent's mother. June 8, 1934
15- 552 A party, other than the Industrial Accident Board, appealing to the district court from an order of the Industrial Accident Board, must pay a filing fee of five dollars. June 13, 1934
15- 553 The candidates for precinct committeemen should be separated on the ballot into two groups, namely, "men" and "women," since under Chapter 6, Laws fo 1933, each political party must elect two precinct committeemen one of whom shall be a man and one whom shall be a woman. June 13, 1934
15- 554 Where a state highway contract has been performed, the work accepted and claim filed by the contractor for the balance due him on the contract, but when creditors of the contractor or sub-contractors have filed with the Highway Commission, under Chapter 20, Laws of 1931, notices of claims against the contract and bond, the Commission should institute a suit of interpleader against the contractor, the surety and the creditors to determine the proper distribution of the money in question. June 15, 1934
15- 555 Section 8286, R.C.M., 1921, permits power to be given the sheriff in a chattel mortgage, to sell mortgaged personal property. But where the mortgagor is in actual possession and refuse to deliver the possession and refuses to deliver the possession of the chattel the sheriff may not take same by force. In such case the mortgagor or the sheriff should proceed by replevin. June 18, 1934
15- 556 Section 94 of Chapter 60, Laws of 1927, which cancels taxes due or delinquent on all lands which revert to the State for failure of the purchaser from the State to meet installments, is constitutional. June 21, 1934
15- 557 Members of a volunteer fire department may be paid by the city from the general fund of the city if no other fund exits from which compensation could be paid. Taking fire equipment without the limits of the municipality for use elsewhere is not authorized by law, though frequently done in cases of grave emergency. June 21, 1934
15- 558 County treasurers may seize personal property, upon which delinquent taxes are due, at any time regardless of the fact that the property has passed to another owner. June 23, 1934
15- 561 Under Chapter 66, Laws of 1923, the call for bids for state printing must be published in at least two "daily newspapers of general circulation" in at least two localities. A publication in one daily and in one or more weekly newspapers is not sufficient to comply with the statute. June 26, 1934
15- 562 Under Chapter 16, Laws of 1933, the mileage of witnesses and jurors should be computed at the rate of seven cents per mile. That the title of an amendatory Act is, of itself, insufficient, is immaterial, if the title of the original act is sufficient to embrace the provisions contained in the amendatory act. June 27, 1934
15- 563 An elector, to be entitled to vote at a county bond election, must be a taxpayer whose name appears upon the last preceding completed assessment roll. Where an elector is registered under one name and has property assessed to him under a somewhat different name, and is for that reason left off the poll book, he may, under Section 579, R.C.M., 1921, procure a certificate of omission of name from poll book to be presented to the judges of election and so be entitled to vote. June 27, 1934
15- 564 Proper refunds of rentals, charged against the proper fund, may be made by the State Board of Land Commissioners from rentals paid before same are deposited with the state treasurer: (a) Where the lessee of agricultural land has summer fallowed such land, (Sec. 3, Chapter 42, Laws of 1933); and (b) Where the leased land is sold and possession given before the expiration of the current year. June 27, 1934
15- 565 A fee of fifty cents should be charged for filing notice of suspension of work on mining claim. June 30, 1934
15- 566 The term "each party to the action," in Section 8932, R.C.M., 1921, has reference to the different sides of the controversy rather than to the individuals named as plaintiffs and defendants, and when their interests are so united as to be a unit, but one stenographer's fee can be charged to each side of the controversy; but where separate issues are raised, the defendant or defendants so raising them should pay a separate fee. Although there are two or more defendants in an action, only one fee of $5.00 can be charged for entry of judgment for defendants. July 7, 1934
15- 567 Where a warrant is represented as lost and a duplicate warrant is issued to the payee and both warrants are paid by the state treasurer: (1) If the payee, or some one authorized by him, endorse both the original and duplicate warrants and caused them to be presented for payment, then he and his sureties are liable under Section 159, R.C.M., 1921; (2) If the original warrant was lost and the endorsement thereon forged, there is no liability on their part but the State may recover from subsequent endorsers on the original warrant. July 7, 1934
15- 568 Under Section 1, Chapter 10, Laws of 1929, a newspaper is not only permitted but is positively commanded to sublet in the event it should not be able to execute any part of the contract for county printing. Printing contracts for county printing cannot be assigned. A new agreement or contract is not required by the statute where the printing contract is so sub-let, and will be unnecessary unless required by the original contract. July 7, 1934
15- 569 Section 260, R.C.M., 1921, requiring all state printing to contain the label of the International Typographical Union, is constitutional. July 7, 1934
15- 571 Superintendent of banks and his liquidating agents, in liquidating closed banks, are not acting for the state but for the banks and their creditors, and Section 4893, R.C.M., 1921, does not authorize them to receive the services of public officers without paying the statutory fees. July 9, 1934
15- 575 The wholesale dealer's bond provided for by Chapter 164, Laws of 1933, protects sellers who sell merchandise to the wholesale dealer in another state as well as sellers who make such a sale within the State of Montana. July 13, 1934
15- 576 Where an employee is by law exempt (in this case a volunteer fireman) from payment of road and poor poll taxes but his employer nevertheless pays such taxes to the county treasurer and deducts the same from the wages of such employee, the county commissioners may, under Section 2222, R.C.M., 1921, order a refund of such taxes. July 13, 1934
15- 577 Primary election day, July 17, 1934, is a legal holiday within the meaning of Section 10, R.C.M., 1921. July 16, 1934
15- 578 The state exercises complete police power over territory within its boundaries except such as are specifically reserved by the Federal Government by the Enabling Act and in Acts of Congress of Federal Reserves. The Barbers Act is a reasonable exercise of the police power and may be enforced in the ceded territory at Fort Peck. The Barbers' Board has power to promulgate rules and regulations giving applicants the right to re-examination on payment of an additional $15.00 fee. July 21, 1934
15- 580 A general law authorizing the holding of conventions to ratify constitutional amendments and fixing the compensation of delegates does not constitute an appropriation, as required by the Constitution, for the expenses of such convention, its employees or delegates. July 27, 1934
15- 581 County poor funds may not be used as a revolving fund to purchase feed in large quantities, which feed would then be sold to stockmen to be paid for installments out of Federal aid. July 30, 1934
15- 582 The Superintendent of Banks is entitled to traveling expenses, hotel bills and per diem for the time actually spent by him in the examination, by order of court, of a closed bank. July 30, 1934
15- 583 Since the work of the local commissions and officers of the F.E.R.A. is directly connected with the giving of relief to the dependent poor of the county, the county commissioners have the power, under Chapter 100, Laws of 1931, to pay rent for local administrative offices where it is necessary and where it is not practicable or possible to establish same in the county court house. July 30, 1934
15- 585 One who was nominated for county office by having his name written in the ballot and who was not a registered elector at that time but who had become a registered elector by the time he accepted the nomination is entitled to be the candidate in the general election of the party so nominating him. August 1, 1934
15- 586 Where all stockholders have consented to the moving of a bank it is not necessary to delay the moving for six weeks while a notice is being published and mailed to the stockholders. August 8, 1934
15- 588 A restaurant where no merchandise is sold cannot be classified as a store. But where a restaurant engages in the sale of merchandise it becomes a store and is subject to the regulations and limitations of hours of labor in the Eight Hour Day Law. August 10, 1934
15- 591 Where a beer "salesman" buys beer on his own account and pays the brewery directly; sells to retailers and delivers to them from his own truck and collects from the retailers; does not purport to bind the brewery in such transactions; and where the brewery and the retailers do not appear to contract with each other, such "salesman" is an independent tradesman rather than an agent of the brewery and he must pay the wholesale beer license. August 16, 1934
15- 593 Blood relations of the husband and blood relations of the wife are not related to each other by affinity. August 18, 1934
15- 594 The Corrupt Practices Act requires candidates to file with the proper public officers vouchers for all expenditures in excess of the sum of $5.00. August 21, 1934
15- 595 Foreign building and loan associations must pay annual examination fee as required by Chapter 167, Laws of 1929, even though they are in process of liquidation or temporarily are not receiving investments or making new loans. August 22, 1934
15- 596 Section 33, Chapter 57, Laws of 1927, requires that a foreign building and loan association as condition precedent to doing business in this state shall be required to make a deposit of money or securities similar to that required in that state (in which the said building and loan association is incorporated) of Montana associations doing business in that state. August 22, 1934
15- 598 A withdrawing member of a building and loan association is entitled to such dividends as have been declared at the time of his withdrawal. August 24, 1934
15- 600 The statutes require that the number of directors of a corporation be stated definitely both in the articles of incorporation and in amendments to articles of incorporation which amend the articles in that respect. August 25, 1934
15- 601 The assignee of stock in a building and loan association which is not insolvent may set off his withdrawal stock value against his loan from the association. August 25, 1934
15- 602 The royalty oil of the state, produced from lands granted the state under a land grant from the United States, is exempt from the Federal Producers' Tax. August 28, 1934
15- 603 The Governor is authorized to appoint a district judge to fill a vacancy in such office, but an election must be held at the next general election to fill such position for the remainder of the term and thereupon the person so elected will become entitled to the office, and the term of the appointee terminated. Where the vacancy occurs after issuance of proclamation of general election a supplemental proclamation of election should issue notifying the voters of the judicial district that such election will take place. August 30, 934
15- 604 When a candidate has paid one filing fee and, in any manner whatever, becomes entitled to have his name placed upon the general election ballot as a candidate for the office he filed for, it is not necessary that he pay another filing fee. August 31, 1934
15- 605 The state treasurer's official bond cannot by order of court or otherwise be made to cover his acts as trustee of a trust created by will for the benefit of a private individual. August 31, 1934
15- 606 Neither the county nor the county commissioners is liable in damages by reason of injury to cattle from poison distributed to kill Mormon crickets. August 31, 1934
15- 607 Officers and employees of the Reconstruction Finance Corporation, the Spokane Bank for Cooperatives and similar institutions, who reside in the State of Montana or whose services are rendered in the State of Montana may be subject to payment of an income tax on their salaries or wages under our law since such institutions, while instrumentalities of the government, are entities separate and distinct from the United States and their agents and employees are not agents and employees of the United States. September 10, 1934
15- 609 The drinking of beer in a public place, such as a restaurant, which has no license to sell beer, is in no manner forbidden. September 2, 1934
15- 610 One who petitioned for the nomination for the office of state senator and afterward received it at the primary election cannot withdraw. The title of Chapter 6, Laws fo 1933, is sufficient since the Constitution only requires that the subject of a bill shall be clearly expressed in its title. September 13, 1934
15- 611 Children who move into a school district after the annual budget has been adopted and transportation arranged for are nevertheless entitled, without discrimination, to the same rights and privileges of transportation to the school house as other children within the district. September 13, 1934
15- 612 The building or repair of a road may constitute an emergency within the scope of Section 6, Chapter 148, Laws fo 1929, but whether an emergency exists is a question of fact which the county commissioners alone have the right to determine. September 14, 1934
15- 614 The Oil conservation Board has the power to require the producer of or dealer in crude oil within the state to furnish it with a monthly report of his activities in that behalf; and has the power to require the transporter or storer of crude oil within the state, irrespective of the place from whence it came, to furnish it with a monthly report of his activities in that behalf. That the concern in question is a foreign corporation, engaged partly in interstate commerce, does not alter the situation. The Act does not authorize the Board to demand a statement showing the quantity of crude oil refined in a plant during any given period. September 18, 1934
15- 615 The adoption of a rule or regulation beyond the powers of the Oil Conservation Board and enforcement thereof to the detriment of a producer, transporter or storer of or dealer in crude oil would render each member of the board personally liable to such producer, transporter, storer or dealer. September 22, 1934
15- 616 Persons who pay only poor tax and road tax are not assessed on the assessment roll and are not entitled to vote on questions relating to the creation of a levy, debt or liability. September 24, 1934
15- 617 A bank director is not disqualified because he has given an option to the seller to re-purchase the stock necessary to qualify him, provided the director is a bona fide stockholder and absolute owner in his own right. September 24, 1934
15- 618 An independent candidate for office is entitled, if it be possible, to have his name appear on the ballot horizontally in line with the names of party candidates seeking the same office he is seeking. October 3, 1934
15- 619 The count commissioners may not, by merely labeling a contract a "lease contract" and by referring in the contract to the payments as "rents," change the essential character of a "contract of purchase" to that of a "contract of lease." Such a contract would violate the budget law and Chapter 8, Laws of 1933. A contract, payable in installments, to purchase property would be legal if properly let and the payments each year were within the budget. October 4, 1934
15- 620 1. The Montana Relief Commission is an agency of the State of Montana within the meaning of the Workman's Compensation Act and, under the facts submitted, the F.E.R.A. is not an agency of the State of Montana. 2. Persons at work on Federal Relief projects are not "employees" within the meaning of the Workman's Compensation Act for the reason that the primary purpose is relief and the customary relationship of employer and employee does not exist. 3. It appears that authority of the Montana Relief Commission to carry industrial accident insurance on its own employees is implied in the authority to furnish relief under the very general and extensive powers granted to the Montana Relief Commission and the F.E.R.A. October 5, 1934
15- 622 In the absence of a statute so providing a judgment in a quo warranto proceeding is not stayed by appeal and, therefore, Sullivan is entitled to exercise the powers of the office until such time as the Supreme Court might decide against him, and his signature to a Fish and Game Commission payroll will be counted in determining that a majority of the members of the commission have signed the payroll. Since the game warden and his deputies are not of the class mentioned in Section 273, R.C.M., 1921, as amended by Chapter 176, Laws 1931, the attempted discharge of Game Warden Carney and Deputy Game Warden Peasley by a majority of the Board of Examiners was without effect. October 8, 1934
15- 624 Sections 2 and 3 of Chapter 119, Laws of 1931, are all inclusive and prohibit all horses from running at large within a horse herd district and are not limited to horses owned by person not within the district. October 9, 1934
15- 626 The names of candidates to fill vacancy in the office of district judge at a special election held at the time of the general election should be printed on a special ballot and not on the general ballot. Certificates of nomination to fill vacancies may be filed at any time, and are not restricted by Section 618, R.C.M., 1921, as amended by Chapter 64, Laws of 1925. October 10, 1934
15- 628 1. The term of a county commissioner, appointed to fill a vacancy, expires at the time of the next election and a person duly elected may qualify and serve the remainder of the term. 2. When one person receives the highest number of votes cast for a certain office on a certain ticket at a primary election such person is nominated, and if he fails to accept the nomination his action constitutes a vacancy which may be filled by the county central committee. October 10, 1934
15- 629 To constitute a lottery there must be (1) distribution of prizes (2) by chance (3) among persons who have paid a valuable consideration therefor. Where a theatre distributes money by chance on a plan called "Bank Night" to persons who are not required to pay for the chance, it is not a lottery as defined by Section 11149, R.C.M., 1921. (The opinion is limited to the facts stated therein.) October 11, 1934
15- 630 Since a county central committee consists of a definite number of duly elected and qualified members, a majority thereof constitutes a quorum for the purpose of transacting business, including that of filling a vacancy occuring in the party ticket. October 16, 1934
15- 633 A filing fee of fifty cents must be paid for the filing of each chattel mortgage or each conditional sales contract on a motor vehicle. October 27, 1934
15- 634 The incorporators of a grazing district must not only own lands but must own lands within the proposed grazing district. October 29, 1934
15- 635 Chapter 159, Laws of 1933, does not require that the motor number be included in the description of the motor vehicle described in a chattel mortgage or conditional sales contract; hence the Registrar of Motor Vehicles may not require it. October 30, 1934
15- 636 There is no law which prohibits a labor union from soliciting county employees to become members of it or which prohibits county employees from seeking membership in a labor union. October 31, 1934
15- 637 Osteopaths and chiropractors, as such, are not physicians and may not practice medicine or surgery in Montana. November 1, 1934
15- 638 There is no law which fixes the hours of employment of county and state officers at eight hours per day, nor is per diem defined as eight hours per day. A county surveyor is not entitled to compensation from the county when he is not working for the county. A county surveyor is not entitled to compensation for over-time work in the absence of a statute permitting it, and therefore may not apply over-time work so as to receive a vacation with pay. November 1, 1934
15- 639 Under Section 1760, R.C.M., 1921, and amendments, one-half of the annual license fee must be collected for motor vehicle registrations within the last one-half year. November 5, 1934
15- 640 Witnesses' fees in criminal cases and jurors' fees are mandatory expenditures required by law. Where there is a shortage in the budget as regards the amount allotted for jurors and witnesses the Board of County Commissioners should proceed under section 6, Chapter 148, Laws of 1929. November 8, 1934
15- 641 All legal residents of the state, as well as all persons who have lived in the state at least six months immediately preceding their application for a license, if citizens of the United States, are entitled to a resident license. November 13, 1934
15- 642 Where a school is closed, pupils must attend the school designated by the trustees of the home district, and if they attend any other district it must be by the consent of the trustees of such other district, and on the payment of tuition. November 14, 1935
15- 643 There is no lien upon personal property for special road and poll taxes. November 16, 1934
15- 644 Where overcrowding was caused by the closing of Indian schools and it became necessary to employ extra teachers, and where the Federal Government granted funds for such purpose, such Federal funds should be placed in a special fund and kept separate from local funds that come under the provisions of the budget law. November 21, 1934
15- 645 A pupil, whose parents are non-residents of the school district where the child attends, may have emancipated the high school pupil or place him with a relative or guardian where the child makes its permanent home, and in such cases the rule that the residence of the parent is the residence of the minor child does not apply. November 21, 1934
15- 648 Lands purchased by the Federal Subsistence Homestead Corporation, with the view of placing owners of submarginal lands thereon, are not subject to taxation. November 28, 1934
  • 10 October 2018
  • Author: Lund, Debra
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