Attorney General’s Opinions

Volume 16

Opinion Held Date
16- 1 Board of county commissioners has power to sell a right-of-way for a power line over county lands. The sale thereof should be in accordance with law and the compensation therefor should be just, that is to say, adequate under the circumstances. December 1, 1934
16- 2 A lessee of a filling station would come within the terms of the eight-hour day law and would not be permitted to work in excess of eight hours per day under the facts submitted. December 5, 1934
16- 3 Section 1190, R.C.M. 1921, as amended by Chapter 35, Laws of 1925, means that one particular publisher's textbook shall be provided for each branch of learning, as a basal textbook in that branch, and such supplemental textbooks on the same branch of study may be chosen as the commission may determine upon. December 7, 1934
16- 4 Form of depositor's agreement submitted is legal and binding upon depositors who sign it. December 11, 1934
16- 5 Expenses of a trip to Washington, D.C., by the Governor at the direction of the Water Conservation Board for conferences in relation to an application for loan and in furtherance of the general program of the State for water conservation, are administrative expenses of the Board. December 11, 1934
16- 6 Where an applicant for an elementary state certificate for teachers has had one such state certificate but has failed to qualify for a renewal by teaching thereunder for 18 months and has allowed same to lapse, the Board of Educational Examiners has discretionary power to grant or refuse such certificate in accordance with regulations established by such Board. December 12, 1934
16- 7 Section 2473, R.C.M. 1921, regulates the salary of the county health officer. December 15, 1934
16- 8 There is no authority of law for the payment of transportation where a school is closed and the family, for whose children transportation is claimed, moved outside the state for the winter. December 15, 1934
16- 9 1. The Board of School Trustees may admit non-resident pupils and it has the power and it is its duty to determine the rate of tuition of such non-resident pupils. 2. If the county treasurer of the county of the pupil's residence cannot transfer funds for such tuition to the district in which the pupils attend then the parents or guardians of the pupil must be prepared to pay such part thereof as is not met out of the public funds, and the payment of taxes to a district by the non-resident pupil or his parents or guardians has no effect upon the residence of or liability for tuition for such non-resident pupils. 3. For school census purposes, the residence of the parents or guardian is the residence of the child except in a case where the child has never actually resided in such district. December 17, 1934
16- 10 The County Commissioners have a supervisory power concerning the employment and wages or salary of deputy county surveyors and of men and teams by the county surveyor, and if it clearly appears that the expenses incurred by a county surveyor are unreasonable or excessive such claims may be reduced or disallowed by the county commissioners. December 18, 1934
16- 11 Chapter 8, Laws of the Extraordinary Session, 1933-34, may be enforced and is sufficient to sustain a conviction for the violation thereof. December 22, 1934
16- 12 A pupil who has resided all of her life with her grandmother and gone to school at such place of residence is, for school purposes, a resident of the district where she resides with her grandmother and should be legally included in the school census of that district. December 26, 1934
16- 13 There is no authority in law for the State School for Feeble-Minded to cause an operation to be performed, without consent, upon an inmate for tubercular breast, but the proper course would be to have a guardian appointed or to have the patient transferred to the tuberculosis sanitarium. December 26, 1934
16- 14 1. The Grain Warehouse Act is not broad enough to cover places of business in another state which purchase grain in this state. 2. The state may not regulate transactions in grain which are not completed within the state of Montana. December 26, 1934
16- 15 The original owner of property, to which the county has taken tax title, has no preference right, as against any other prospective purchaser, at a public sale of the property, nor has he any right to redeem the property after re-appraisement at any figure less than the full amount of taxes, interest, penalty, etc. December 27, 1934
16- 16 For the purpose of classification of a county, the correction of an error in the total taxable valuation of a county will relate back to the time when the correction should properly have been made and will control in the classification of the county. December 27, 1934
16- 17 Where a school trustee removes from the district and establishes a residence elsewhere, there is a vacancy in his office and he may not return within sixty days and assume to act as school trustee. December 28, 1934
16- 18 A motion picture house which periodically presents vaudeville shows must pay a theater license of $100 per annum and a motion picture license of $25 per annum. January 3, 1935
16- 19 It is the duty of the courts, not the Department of Agriculture, to determine controversies between grain elevators, land owners and tenants. January 4, 1935
16- 20 Where a public officer finds it necessary to use his automobile in the performance of his official duties, he may collect mileage for the round trip of the car when his official business does not permit him to return with the car and where, for the remainder of the journey, he may use rail transportation. January 4, 1935
16- 21 The legislature, by specifying by statute the contents of seed labels, has deprived the Commissioner of Agriculture and others from making any changes therein or adding thereto. January 4, 1935
16- 22 Subdivision 5 of Section 2, Chapter 159, Laws of 1933, requires the payment of 50c for the filing of each chattel mortgage or each conditional sales contract. The Registrar of Motor Vehicles may not require a separate instrument for each motor vehicle. January 4, 1935
16- 23 Persons dealing in hay at wholesale, are wholesale dealers within the meaning of Chapter 164, Laws of 1933. January 4, 1935
16- 24 1. The incorporators of a co-operative grazing association must own lands within the district. 2. Only a natural person of either sex may become a member of an incorporated grazing association. 3. Section 12 of Chapter 66, Laws of 1933, is of doubtful validity insofar as it differentiates between persons who own land and livestock of an assessed value of at least $2,500 and persons who own land and livestock of a lesser assessed value. January 9, 1935
16- 25 Chapter 1, Laws of 1935, does not remove the restrictions on hours of hunting provided in Sec. 3696, R.C.M. 1921, as amended, nor does it repeal said Sec. 3696. January 14, 1935
16- 28 The distance of the pupil from the school should be computed, under Chapter 102, Laws of 1929, from the actual residence of the pupil and not from the nearest point to the residence of the pupil on the public road. January 22, 1935
16- 29 Where the residue of an estate is paid into the State Treasury on order of the Probate Court but where no escheat proceedings were instituted, the moneys are a trust fund in the hands of the state treasurer, title to which is in the heirs of the estate, and it is proper for the state auditor, on proper order of court, to draw his warrant on the Escheated Estates Fund in favor of the heir without a legislative appropriation. January 23, 1935
16- 30 1. In counties of the seventh and eighth classes, it is not mandatory that sheriffs appoint under-sheriffs, but they still retain the right to do so. 2. Where two acts of the legislature deal with the same subject effect must be given to both, if possible. January 24, 1935
16- 31 The county commissioners have no power to authorize the publication of the minutes and proceedings of the Board in any other newspaper except the newspaper holding the contract for the public printing. January 25, 1935
16- 32 The legal residence of the father determines the state which is legally responsible for the care of his feeble-minded child. January 25, 1935
16- 33 1. Rights and limitations on right of city police magistrate, as ex-officio justice of the peace, to order prisoners confined in county jail are set forth. 2. The city officials and the county commissioners may contract for the care and confinement of city prisoners in the county jail. January 30, 1935
16- 34 There is no fund from which the Highway Commission may pay a claim for damages by fire caused by a spark from weed burning operations of the highway maintenance department. February 1, 1935
16- 35 The board of county commissioners has no authority to order a refund of the illegal tax where a school levy was eight mills in excess of the maximum legal levy provided by Sec. 7 of Chapter 146, Laws of 1931. February 2, 1935
16- 37 Relationship by affinity terminates upon the death of one of the spouses or other dissolution of the marriage, except where the marriage has resulted in issue who are still living. February 5, 1935
16- 38 An establishment where automobiles are sold at retail, and at which it is assumed that accessories and supplies are also sold, is a retail store within the meaning of Chapter 8, Laws of the Extraordinary Session, 1933-34. February 5, 1935
16- 39 1. A person who negotiates leases of another's real estate comes within the statutory definition of a real estate broker and must have a license. 2. A person employed by another to collect rents from tenants occupying the other's property does not come within the definition of a real estate broker. February 6, 1935
16- 40 The actions of the Legislative Assembly regarding impeachment are not subject to review or reversal by any court. February 7, 1935
16- 41 1. Where a county is over its constitutional limit of indebtedness, claims based upon contract would be illegal and warrants drawn in excess thereof would also be illegal. 2. District High school warrants are not a county but are a school district obligation. 3. Holders of defaulted county bonds cannot legally tie up cash on hand in county funds, other than the sinking fund, but the board of county commissioners may, at their instance, be required by the district court to make a tax levy to pay such bonds as they fall due, together with the accrued interest. February 9, 1935
16- 42 The Textbook Commission may not contract with one company to supply basal penmanship textbooks and with another company to supply supplementary penmanship textbooks and leave it to the discretion of the myriad of school officials throughout the state as to which system shall be taught pupils under their jurisdiction. February 13, 1935
16- 43 Chapter 1, Laws of 1935, is intended to be a permanent statute and is not restricted to one year only. February 14, 1935
16- 44 Where a private road is available, which is safe and otherwise practicable for travel, the distance traveled over such private road should be used in computing the distance fixed by statute, Section 1010, R.C.M. 1921, as amended by Chapter 102, Laws of 1929. February 15, 1935
16- 45 The Montana Relief Commission is not authorized to use funds appropriated by Chapter 56, Laws of the Extraordinary Session, 1933-34, to furnish relief to those Indians who are wards of the Federal Government. February 16, 1935
16- 46 Expenses incurred incident to an election held under Chapter 24, Laws of the Extraordinary Session, 1933-34, are mandatory expenditures required by law and the county commissioners should proceed under section 6 of Chapter 148, Laws of 1929, where such expense has not been budgeted. February 19, 1935
16- 47 Under Section 39 of Chapter 148, Laws of 1931, where a principal of a county high school has taught for two successive periods of one year each and no written notice has been given within the statutory time that her services would not be required for the next school year, her contract is deemed renewed for a further term of one year. February 19, 1935
16- 48 So long as the county of the pupil's residence is maintaining its school system, the parent is not authorized to move to any other county, to take his children with him, and then to demand payment for their sustenance from the school district of the former county. February 20, 1935
16- 49 1. A Board of Trustees of a school district has authority to grant a leave of absence to a teacher and the teacher's status is the same as if she had been on duty every day and was receiving compensation therefor. 2. A teacher who was granted a leave of absence was entitled to receive a written notice prior to May 1 that her services were not required for the next ensuing year, as long as she complied with the conditions of the leave of absence. February 21, 1935
16- 50 Since the legislature has granted the Montana Relief Commission full power to provide means for sustenance of life and the relief of distress among certain people in this State, the Commission must determine as a matter of fact that state planning projects are reasonably necessary to carry out the purposes expressed in the Act before state funds, appropriated for relief purposes, can be used to defray the non-relief expenditures incurred in the preparation of projects by Planning Committees. February 23, 1935
16- 52 Where state lands which have been sold under contract are retaken by the state and the certificate of purchase for same cancelled, the lien for taxes of the county and state on the improvements is superior to any claim of the state to a lien for any other purpose. February 26, 1935
16- 53 1. A midwife of skill and experience, practicing obstetrics, is not engaged in the illegal practice of medicine. 2. If a midwife of skill and experience is in attendance on a woman in confinement, and no physician is present, and childbirth results in lacerations of the private parts, it would be her duty to suture these lacerations, and in so doing she would be guilty of no violation of the law. February 28, 1935
16- 54 Neither Sec. 6651, R.C.M. 1921, requiring certain foreign corporations desiring to do business in the state to file copy of charter and statement with the secretary of state, nor Chapter 169, Laws of 1931, requiring such corporations to pay certain fees when filing their charter and requiring the filing of an annual statement with the secretary of state, contemplate the regulation of foreign corporations that are exclusively engaged in employment by the United States Government. March 6, 1935
16- 56 The State Examining Board of Beauty Culturists is not authorized to require payment of a registration fee by students who enter a beauty school for training since such students are not practicing or teaching cosmetology. March 9, 1935
16- 58 In a suit to cancel an oil and gas lease three things must be shown: First, a valid forfeiture; second, demand for release; and, third, the failure of the lessee, his successor or assigns, to release the lease of record. March 12, 1935
16- 59 1. It is not necessary that the county treasurer obtain a writ of execution to levy upon personal property for personal property tax but, under Chapter 102, Laws of 1923, the report of the assessor is sufficient. 2. Where the county treasurer designates and appoints the sheriff to act as his deputy for the purpose of levying upon the property and conducting the sale, the sheriff need have nothing more than the treasurer himself, excepting as a matter of caution he should also have in writing the treasurer's appointment of him as deputy. 3. When the treasurer appoints the sheriff to act s a deputy county treasurer the sheriff cannot perform those duties through his deputies. March 13, 1935
16- 60 Neither the Livestock Commission nor the Recorder of Marks and Brands is required to accept, without the payment of a fee, notices of renewals, assignments and satisfactions of chattel mortgages covering livestock although the notices of the mortgages were filed prior to the enactment of Chapter 91, Laws of 1935. March 15, 1935
16- 61 Under the rule of State ex re. Kuhl v. Kaiser, 95 Mont. 550, where the terms of three elected members and of two appointed members of the seven members of the Board of School Trustees expire, it will be necessary to elect three members for complete terms and two members to fill the unexpired terms of the two members who had previously resigned, the provisions of Section 1001, R.C.M. 1921 notwithstanding. March 16, 1935
16- 62 A state bank may issue preferred stock of two different classes, one subordinate to the other, subject to the approval of the superintendent of banks as provided in Section 3 of Chapter 15, Laws of the Extraordinary Session, 1933-34. March 16, 1935
16- 63 Any person who operates any air compressor operated by any power, except in emergencies, as provided in Section 2728, R.C.M. 1921, must obtain an engineer's license as required by Sections 2731-2732, R.C.M. 1921. March 21, 1935
16- 64 While it is the duty of the county commissioners to take care of the poor, they are limited in their expenditures for that purpose to the funds which may be available from the maximum six mill levy and the $2.00 per capita tax as authorized by Section 4465, as amended; provided, however, that in an emergency they may issue warrants as authorized by Section 6 of Chapter 148, Laws of 1929, although such warrants may be in excess of the budget which may be based upon the maximum levy. March 22, 1935
16- 65 Chapter 152, Laws of 1935, amending Sec. 4932, R.C.M. 1921, by providing for the payment of salaries to constables in townships having a population of 12,000 or more, does not apply to incumbent constables who were elected or appointed prior to the passage and approval of the Act, and will not apply to such constables until their present term expires. March 22, 1935
16- 66 1. The tax upon personal property belonging to purchaser of real estate on contract, title to which remains in vendor, is not a lien upon such real estate. 2. The county commissioners may prevent the collection of an illegal tax and, if necessary, correct the records. March 23, 1935
16- 68 The Montana Rural Rehabilitation Corporation is a private corporation, organized under the laws of Montana in the form prescribed for other corporations operating for profit, and the Attorney General is not permitted to act as its legal adviser. March 26, 1935
16- 69 1. The Highway Patrol Board may validly promulgate only those rules and regulations which are reasonably necessary for the protection of the highways and the traveling public, as in Sec. 2 of Chapter 185, Laws of 1935, provided, or are made pursuant to some other specific statutory enactment. 2. The Highway Patrol Board may adopt valid rules and regulations governing (a) the issuance of driver's licenses and (b) the collection and remittance of fees paid therefor. 3. The Highway Patrol Board may adopt a resolution declaring that the driver's license provided for in the Act shall be effective only for the calendar year and must be renewed annually upon expiration. March 27, 1935
16- 70 It is the duty of the State Examiner to examine books and accounts of public libraries. March 28, 1935
16- 71 It is the duty of the state examiner to make a thorough examination of all the books and accounts of the State Water Conservation Board. March 28, 1935
16- 72 When the county superintendent of schools notifies the county treasurer that school district warrant for salary is based on contract made contrary to the Nepotism Act, payment thereof should be withheld by the county treasurer. March 29, 1935
16- 73 In the absence of any statutory restrictions, all resident children in the State, otherwise qualified, would be eligible to the State Orphans' Home. March 29, 1935
16- 74 Where a school district is ordered abandoned and is attached to one or more contiguous districts, the contiguous district, or districts, is or are not liable to perform the executory contracts for transportation entered into by an abandoned district which has been attached to its, or their, territory by the county superintendent of schools. March 30, 1935
16- 75 Where funds received from the Federal Government are mingled with state funds and are set up as a revolving fund for a state board, such state board may, if it so desires, demand security of the bank in which the deposit is made in an amount corresponding to the amount of federal money included in such deposit. April 3, 1935
16- 76 A special report of the state examiner, covering an investigation of a shortage of city funds, is not a report of the affairs of a city within the meaning and purpose of Chapter 33, Laws of 1929, and therefore need not be published. April 4, 1935
16- 77 A mining company which sells its own stock within the state of Montana is an investment company within the meaning of Section 4026, R.C.M. 1921, as amended, and is therefore subject to the provisions of the Blue Sky Law. April 4, 1935
16- 79 1. Every owner of a motor vehicle must obtain a 50c driver's license before he may drive that motor vehicle on the main or secondary highways of this state outside of incorporated cities and towns, but only one license fee is required of the owner no matter how many motor vehicles he may possess. An additional 25c license will be required if a member of the same family drives the same motor vehicle. 2. The mere fact that a person owns a motor vehicle which is operated on the public highways, does not require him to obtain a driver's license unless he actually drives said motor vehicle or some other motor vehicle. 3. Driver's license may be collected on Federal Reserves. April 12, 1935
16- 80 Where the House Journal shows that amendments proposed by a Joint Committee on Conference were regularly adopted by a majority of the members of the House, and where the Senate Journal fails to disclose that the report of the committee on conference was ever submitted to that body, a law may not be attacked on the ground that is was irregularly passed, for the reason that the vote on the adoption of a conference committee report or on amendments adopted by another house is not a "vote on final passage" and courts may only examine the journals to determine whether the aye and no vote was recorded upon final passage. Chapter 152, Laws of 1935, providing for fees and salaries of constables is not vulnerable to attack upon that ground. April 17, 1935
16- 81 1. Under Chapter 15, Laws of Extraordinary Session, 1933-34, thirty days' notice of meeting of stockholders of a bank, published or mailed according to the manner set out in Sec. 17, Chapter 89, Laws of 1927, is sufficient where the purpose of the meeting is to authorize the amendment of the Articles of Incorporation to authorize the issuance of preferred stock. 2. If the Articles of Incorporation of a bank are to be amended to authorize either an increase or decrease in common capital stock, then the six weeks' notice required by Sec. 17, Chapter 89, Laws of 1927, is necessary. April 18, 1935
16- 82 Where a public administrator, in good faith and proceeding solely in the fulfilling of his duties, has filed for letters of administration and paid the fee and where an heir subsequently appears and successfully contests granting of letters (1) the county cannot refund the fee to the public administrator (2) but it would seem that the court would be authorized to require the repayment of such expenditure by the administrator. April 18, 1935
16- 83 1. Part breed Indians, if otherwise eligible, may claim admittance to the Montana State School for the Deaf and Blind on the same basis as white children. April 19, 1935
16- 84 Under Chapter 73, Laws of 1935, it is the duty of the county treasurer to accept payment of irrigation district assessments from a taxpayer without payment of the general state and county taxes. April 19, 1935
16- 85 1. The production of crude oil in the state of Montana need not be limited to the amount allocated to the state by the Secretary of the Interior. 2. The Oil Conservation Board has power to pro rate production in any oil field where waste is occurring. 3. The Board, being vested with a certain amount of discretion, the members of the Board, acting in the performance of a public duty which involves the use of discretion, are not personally liable in a civil action for damages arising out of their acts, where an error of judgment has been made, unless such acts were done corruptly or maliciously. April 19, 1935
16- 86 1. The term "bottling works", under Sec. 2589, R.C.M. 1921, does not include creameries or other establishments where milk is put up in ordinary milk bottles. 2. A room where milk or cream is stored should not be used for bottling orangeade or similar drinks, and milk bottles may not be used as receptacles for other drinks. 3. A creamery which prepares soft drinks, such as orangeade or other orange drinks, is a manufacturer under Section 2436, R.C.M. 1921. April 23, 1935
16- 87 1. Funds received from the Federal Government under the Federal Emergency Relief Act of 1933, for relief purposes, are trust funds to be disbursed by the proper officials, and no appropriation by the State Legislature is necessary in order to authorize such disbursement. 2. The $3,000,000 appropriation made by Section 20, Chapter 109, Laws of 1935, does not apply to moneys received from the Federal Government for relief purposes. April 24, 1935
16- 88 Since Justices of the Peace are township, not county, officers, the Board of County Commissioners may not provide a Justice of the Peace with dockets, codes and blank forms. April 25, 1935
16- 89 1. The Mother's Pension Act makes no provision for payment of the pension in cases where the child's parents have been divorced. 2. Where the husband has deserted his family and is unheard of for seven years, he is presumed to be dead and the wife is entitled to a mother's pension unless such presumption is overcome. April 26, 1935
16- 90 Chapter 200, Laws of 1935, does not give the State Fish and Game Commission authority to permit the use of salmon eggs as fish bait. April 26, 1935
16- 91 Where there is a shortage of school funds the trustees of a school district have no authority to issue warrants dated as of July 1 following, anticipating that payment of such warrants will be provided for in the next school year's budget. April 27, 1935
16- 92 Chauffeurs must secure a driver's license under the provisions of the Highway Patrol Act, but need not secure a chauffeur's license under Sections 1761 to 1763, R.C.M. 1921. April 30, 1935
16- 93 It is beyond the power of any building and loan association, in its articles or by-laws, or otherwise, to add to or to subtract from the duties of the State Examiner and ex-officio superintendent of banks. Whatever power is so conferred is conferred upon the person who is the state examiner and not upon that official. May 1, 1935
16- 94 Chapter 149, Laws of 1935, providing for the installment payment of delinquent taxes, is unconstitutional. May 3, 1935
16- 95 Chapter 45, Laws of 1935, authorizes the county to pay the premiums on surety bonds of Justices of the Peace, but it is not retroactive. May 4, 1935
16- 96 It is the duty of the State Examiner to examine the disbursements of Federal moneys through the Montana Relief Fund, as well as revenue raised by the State. May 7, 1935
16- 97 The provisions of Chapter 20, Laws of 1931, are not broad enough to impose a lien for insurance premiums. 2. Notice of a materialman's lien, for materials furnished to a highway subcontractor, must be given within the time and in the manner prescribed by Chapter 20, Laws of 1931. March 22, 1935
16- 98 1. The statute of limitations (Sec. 9030, R.CM. 1921), applies to a county surveyor's claim against the county for rental of equipment. 2. Assuming that Sec. 1632, R.C.M. 1921, as amended by Chapter 176, Laws of 1929, applies here, which is doubtful, the county surveyor, by contracting to accept $7.00 per day for services in supervising C.W.A. work on road projects, has estopped himself from claiming the additional compensation fo $1.00 per day. May 10, 1935
16- 99 1. Chapter 88, Laws of 1935, applies to 1934 taxes only where there has been a sale to the county on account of taxes prior to 1934 and no assignment made of the certificate of sale. 2. Chapter 88 has no application to personal property where there has been no sale of real estate on account of such personal property tax. 3. Since Chapter 88 makes no distinction between the kinds of taxes and is broad enough to cover all taxes, it applies to hail insurance taxes. 4. A taxpayer may not pay the delinquent taxes for any one year but is required to pay all the delinquent taxes. May 13, 1935
16- 100 Under Chapter 88, Laws of 1935, the county may not apply for tax deed before December 1, 1935. May 13, 1935
16- 101 Chapter 18, Laws of 1927, applies only to expenditure of funds credited to the State Highway fund and does not control the expenditure of moneys deposited in the State Highway Trust fund. May 15, 1935
16- 102 1. Section 2269, R.C.M. 1921, providing for payment of taxes under protest, provides the exclusive remedy where the levy of taxes is unlawful by permits Section 2222 to operate outside of this exclusive field. 2. Under Section 2222, R.CM. 1921, the county commissioners may order the county treasurer to refund penalty and interest collected contrary to the provisions of Chapter 88, Laws of 1935. May 15, 1935
16- 103 1. County commissioners may sell tax title land to the United States Government even though such sale takes the land off the tax rolls of the county. 2. Sales of large tracts of land at a fixed price per acre to not fix the future valuation of farm lands for taxation purposes. May 15, 1935
16- 104 Chapter 175, Laws of 1933, forbids the transfer of any school district territory as long as there is an established school within three miles of it, including any school that may be situated within the territory proposed to be transferred. May 16, 1935
16- 105 1. Architects fees, for building supervision of a high school, are a proper charge against the general fund of the district if provision has been made in the budget. 2. A school board may levy and collect a building fund to erect new buildings or to improve existing buildings providing they do not exceed the legal millage levy or the constitutional limitation of indebtedness. May 17, 1935
16- 106 Ticket agents for bus lines and air transport companies selling transportation within the State of Montana are not required to have ticket agents' licenses. May 18, 1935
16- 107 Where the ballot in an election to authorize an additional school levy does not comply with the provisions of Chapter 144, Laws of 1935, by stating the amount of revenue to be raised by the special levy, the election is invalid. May 22, 1935
16- 108 1. The fish and game commission has, and the state game warden does not have, the power to remove appointees and employees, including those serving in the game warden's office, and may exercise this power only after notice and hearing. 2. An attempt by the state game warden to discharge a bookkeeper is ineffective and such bookkeeper is entitled to receive compensation where he keeps himself ready, able and willing to perform his duties. May 22, 1935
16- 109 If an investigation into a sudden or violent death is part of an inquest the coroner may be allowed his fee, but not otherwise. May 24, 1935
16- 111 Standard time, not daylight saving time, should be used in determining the office hours of state and county officers, as well as the time when any legal duties are to be performed. May 31, 1935
16- 112 1. The general principles of law in relation to vendor and vendee would apply to contracts for the sale of land by the county under Sec. 2235, R.C.M. 1921, as amended by Chapter 33, Laws of the Extraordinary Session, 1933-34. 2. Upon failure of the vendee to make payments, where time is made of the essence of the contract, a notice should be given to each purchaser that his rights have terminated, or, if required, that his right will terminate on a certain date. May 31, 1935
16- 113 The law does not provide any place where the sheriff must file his return on foreclosure of mortgages covering motor vehicles. June 7, 1935
16- 114 A Justice of the Peace is not entitled to fees for filing the complaint or for transmitting the transcript in insanity proceedings. June 8, 1935
16- 115 1. The county fair commission has the power to use the county fair grounds without the sanction and approval of the board of county commissioners. 2. Members of the county fair commission, whose terms expire, hold over until their successors have qualified. 3. Members of the county fair commission may only be removed from office, by the county commissioners, for cause. June 14, 1935
16- 116 All tax deed proceedings on application made on or after March 5, 1935, and prior to December 1, 1935, are void and the owner of the real property should be permitted to redeem his real property upon payment of the original tax without penalty and interest under Chapter 88, Laws of 1935. June 14, 1935
16- 117 Corporations, banks and other financial institutions named, have power, under section 1, Chapter 8, Laws of 1935, to invest in bonds and notes secured by mortgage, where such bonds and notes are insured. June 14, 1935
16- 118 1. Where property has once been sold for delinquent taxes, and has been purchased by the county, such property may not again be sold for delinquent taxes until the period for redemption has expired, and such an attempted sale is void, and a tax deed based thereon would be invalid. 2. Since the issuance of a tax sale certificate is not jurisdictional to the validity of the sale or of the tax deed, and since the statute fixes no time within which such certificate must be made and delivered, the certificate may be made and delivered at any time subsequent to the sale. 3. Money paid to the county on an attempted, void tax sale of land for delinquent taxes may be refunded under section 2222, R.C.M. 1921. June 15, 1935
16- 119 It is not necessary for the Water Conservation Board to advertise for bids for the construction of Water Conservation Projects where same require an expenditure of over $500.00. June 17, 1935
16- 120 Where a National Bank is insolvent the County cannot collect a tax assessment against the bank's capital stock. June 18, 1935
16- 121 Where taxes on three pieces of property, assessed together, have become delinquent and the taxpayer has paid the taxes, together with penalty and interest on one parcel since Chapter 88, Laws of 1935, became effective, the penalty and interest so paid should be refunded because since the county holds the tax sale certificate, and since the taxes may be segregated, there is no reason why the county may not cancel the old tax certificate and issue a new one to such parcel of land. June 18, 1935
16- 122 Since a Water Depreciation Supply Fund of a city is not created by statute and there is no statutory limitations upon its investment, there are no legal obstacles to its investment in Boulevard and Garbage Fund warrants, but it is a matter of policy whether such investment should be made. June 18, 1935
16- 123 1. Before a volunteer fireman may collect a service pension he must be retired, over fifty years of age, and must have done active duty for twenty years or more. 2. Where a fireman did not contract a sickness "in line of duty" he may not collect benefits therefor. 3. Funeral expenses of a member may be paid by the Fire Department Relief Association in all cases since there is no limitation in the statute. 4. The payment of pensions to widows or orphans is not limited to cases where death resulted from injuries or sickness obtained or contracted in line of duty. June 19, 1935
16- 124 Where the payee's name has been forged in the endorsement of a state warrant but the warrant is not lost but is held by the person who cashed such warrant, the payee is not entitled to a duplicate warrant from the State Auditor. The payee is, however, entitled to possession of the warrant and may enforce his right in an action in claim and delivery. June 22, 1935
16- 125 1. Money appropriated by the legislature for one purpose may not be expended for another and different purpose, even though there be some relation between them. 2. The State Water Conservation Board is clearly without power to make a loan of $10,000 from the State Reclamation Revolving Fund to the Montana Grazing Commission in order to enable the latter to function more efficiently in the near future. June 26, 1935
16- 126 1. Section 17 of Chapter 42, Laws of 1933, authorizes the State Board of Land Commissioners "mortgage lands," acquired by the state through its farm loan mortgages, to be reappraised even though such reappraisals place a lower value on any tract of such lands than the amount of the State's investment thereon plus the accrued and unpaid interest. 2. If all receipts from such lands are credited upon the amount loaned with no deductions for interest and a reappraisement is not less than the balance of the principal remaining unpaid on the loan, the public school fund would show no loss and the reappraisal would not violate Section 3 of Article XI of the Constitution. June 27, 1935
16- 127 1. The county, through the Board of County Commissioners, may not engage in the business of conducting a hospital for revenue, and is without power to admit to the county hospital for treatment persons who are able to pay their way. 2. Under its power to lease the county hospital, the Board of County Commissioners may go no further than to lease so much of the hospital as may not in the ordinary course of events be required for public service. June 27, 1935
16- 128 1. Funds received from the Federal Government for the sale of county, city, school district or irrigation district bonds or government grants for the purpose of constructing a court house, city hall, school buildings, irrigation or water systems, are public moneys and must be deposited ratably among all qualified banks under Chapter 23, Laws of the Extraordinary Session, 1933-34. 2. Counties, cities, school districts and irrigation districts are not permitted to pay depository banks a service charge for handling such accounts. June 20, 1935
16- 130 1. Under the contract involved, the county physician may not employ additional medical or surgical help, or the services of a specialist, and bind the county to pay for such services. 2. The county commissioners have the right, in cases of grave emergency, to employ a specialist or one having unusual qualifications. June 22, 1935
16- 131 The commissioner of state lands must collect a fee of $5.00 for issuing a patent to state lands even though the contract of purchase was entered into before Chapter 60, Laws of 1927, became law. June 28, 1935
16- 132 1. Chapter 189, Laws of 1935, creating the Milk Control Board, applies to milk dealers who buy milk for the purpose of supplying a Federal agency. 2. Whether the Milk Control Board may regulate the sale of fluid milk or cream coming into an established trade area from an outside source, should be considered in connection with the particular facts bearing upon the situation. 3. Cooperative associations are not exempt from the provisions of the Milk Control Act. 4. "Fluid milk" as used in line 7 of Section 9, of the Act, does not mean cream. 5. The Board does not have power to refuse to allow new applicants to enter into the business of the purchase and sale of milk. July 1, 1935
16- 133 The Board of County Commissioners has power to abolish the County Fair Commission but the Board may not use this power merely as a device for the purpose of removing the officers who, for the time being, may not be in accord with the policies of the board and at the same time have in mind the appointment of others who may agree. July 1, 1935
16- 134 1. Under Chapter 175, Laws of 1935, the distribution of transportation funds must be paid first. 2. It is not a condition precedent to apportionment that the county or district have on hand an amount equal to the State's contribution. 3. It is not a condition precedent to receiving the apportionment that the county of district trustees provide for the payment of such transportation in the annual school budget. 4. School trustees may not refuse to expend moneys appropriated by the State for transportation, and may not expend such apportionment for any other purpose. July 5, 1935
16- 135 Prior to the enactment of Chapter 154, Laws of 1935, the county commissioners had no authority to reserve a mineral reservation upon sale of county lands. There is nothing in Chapter 65, Laws of 1933, which would authorize the commissioners to encumber county lands which it sells with any easement, exception or reservation. July 8, 1935
16- 138 1. The owner of a motor vehicle who pays the registration fee to the County Treasurer of a county other than that is which the motor vehicle is owned or properly subject to general taxes, does so at his own risk. 2. The obligation to pay the motor vehicle registration fee to the proper county is the obligation of the owners of the automobiles in question and not that of the county to which payment was wrongfully made. July 13, 1935
16- 139 Federal Emergency Relief Administration workers, if they own property, are subject to poor tax since there is no provision of statute exempting them from payment. July 16, 1935
16- 140 The word "pounds" as used in the law requiring trailers and semi-trailers to be licensed, means the weight, not the capacity of the trailer or semi-trailer. July 17, 1935
16- 141 Discussion of the powers of the Milk Control Board in relation to trade areas, interstate purchases, authority to enforce city ordinances relative to pastuerization and the determination of what is a "substantial" portion of the milk in a trade area. July 16, 1935
16- 142 A person appointed by the county commissioners to fill a vacancy caused by the death of a State Senator holds such office only until the next general election. July 19, 1935
16- 143 A licensed and bonded bean warehouse may purchase beans through agents in other cities where such purchases are made for shipment, storage and handling at the warehouse. July 22, 1935
16- 145 The Montana Liquor Control Board is vested with the power to erect a building in the City of Helena to be used as an office and warehouse. July 23, 1935
16- 146 No fee should be charged by the Secretary of State for the filing, recording and issuing of certificate of incorporation of the Billings Housing Authority. July 24, 1935
16- 147 1. The State Highway Commission has authority to establish, lay out, construct, improve and maintain public highways other than State of State Federal Aided highways. 2. The commission has authority to expend certain parts of its revenue, accruing to the State Highway Fund, for the purposes above set forth. 3. After the commission has designated certain highways as State or State Federal Aided Highways in its records, it retains authority to later withdraw such designation where said highways have not been constructed, improved or maintained as State or State Federal Aided Highways. July 24, 1935
16- 148 Managers of retail stores are not exempt from the provisions of Chapter 8, Laws of the Extraordinary Session, 1933-34; but the Act does not cover meetings of managers for the purpose of discussing matters pertaining to the business. July 30, 1935
16- 149 One owning an undivided interest in real estate sold for taxes may not redeem such interest by paying only his proportionate share of the delinquent taxes. August 2, 1935
16- 150 Satisfactions of chattel mortgages and conditional sales contracts on motor vehicles must be filed with the Registrar of Motor Vehicles, and the filing fee of 25c each must be paid by the person filing the satisfaction. August 9, 1935
16- 151 An osteopath cannot serve as county physician. August 12, 1935
16- 152 Where no tax sale certificate was issued for delinquent 1926 taxes the owner may nevertheless redeem the realty under Chapter 88, Laws of 1935, without payment of penalty and interest. August 13, 1935
16- 153 1. Where a city or town council lays out or constructs an alley within the limits of the city or town it represents, such alley is a public highway, and may be improved out of the general road fund of the county. 2. County surveyor is vested with authority to act in a supervisory capacity after the city or town council has designated a public highway or street upon which work is to be done, and the type of pavement to be used. July 5, 1935
16- 154 1. Since payment of taxes by check is unauthorized, the county treasurer may cancel any tax receipt issued upon tender of a check which check is not paid upon presentation; and this is true even where there has been negligence in presentation of the check for payment. 2. The treasurer, in accepting a check in payment of taxes, is not officially liable because he acts only as agent for the taxpayer to collect the money and does not act in his official capacity. 3. The treasurer is not authorized to accept the check of the clerk of the district court in lieu of money for the monthly deposit of fees collected by the clerk. August 13, 1935
16- 155 Since there is no statute authorizing it, the State Board of Equalization may not assess airplanes in the first instance, whether used for pleasure or convenience, or engaged in intra-state or interstate commerce. August 15, 1935
16- 156 Various questions relating to grazing of livestock and fencing of lands are answered. August 20, 1935
16- 157 In the building of a courthouse the county may not exceed the 2 1/2% limit of indebtedness fixed by statute and this is true even though the county does not own a courthouse. August 20, 1935
16- 158 1. Expert witnesses, as such, are entitled only to regular witness fees. However, the state and county may secure the services of experts in the detection and prosecution of crime. 2. The fact that a physician or bacteriologist is paid a salary by the federal or state government, does not preclude him from rendering professional services in his private capacity to the county. 3. That where an inquest is held the coroner is authorized to engage the services of an expert to make analysis but he is not authorized to do so when no inquest is held. August 22, 1935
16- 160 The Board of County Commissioners has no power to supervise city officers or the tax levies of city and town councils even though the levy be excessive. August 27, 1935
16- 161 An appropriator of water cannot have and hold the right to a greater amount of water than is placed to a beneficial use. August 22, 1935
16- 162 A school district, with boundaries coextensive with the boundaries of the Fort Belknap Indian Reservation, may be created providing that all of the necessary statutory requirements are fulfilled. August 31, 1935
16- 163 County Commissioners have no power to make a county-wide special tax levy for the purpose of purchasing equipment and material to be used in assisting in completing a water conservation project. September 3, 1935
16- 164 1. There is no authority in the Governor, the Superintendent of Public Instruction or the Board of Education to contract on behalf of the state, under Act of Congress, with the Secretary of the Interior for the education and relief of Indians. 2. School Districts, however, have authority to enter into such contracts under the limitations and authorization of Sections 1008 and 1015. September 3, 1935
16- 165 1. That part of Section 9661, R.C.M. 1921, which authorizes a justice of the peace to issue a writ of attachment and direct the same to the sheriff of a county other than his own for service, is in conflict with the Constitution and is therefore invalid. 2. Attachments and garnishments, and executions and garnishments may be issued by a justice of the peace of any township in Lewis and Clark County and served upon the State Auditor by the sheriff of, or a constable of any township in, said county. Service cannot be made by a private individual or by mail. September 5, 1935
16- 166 Public officials, including a member of the State Highway Commission, so long as they hold public office, may not render services as a physician or surgeon to injured employees of the State Highway Commission and collect for such services from the Industrial Accident Fund. September 6, 1935
16- 167 1. The general rule is that consent to or acceptance of an assignment on the part of the debtor or its official representative is not essential to the validity thereof, either as between the parties thereto or as against the debtor. 2. A suit of interpleader is advised since, under the facts submitted, it is impossible to determine whether the assignee is a wage broker. September 9, 1935
16- 168 Motor caravans are subject to the motor vehicle laws and licenses and to the motor carrier law of the State of Montana when they operate upon the highways of the State. September 10, 1935
16- 169 1. The chauffeur's license provisions have been repealed. 2. All fines collected for violation of the Motor Vehicle registration Laws of the State from persons apprehended or arrested by patrolmen shall be credited to the State Highway Patrol Revolving Fund. September 10, 1935
16- 170 The Superintendent of Banks, in the exercise of his judgment, may permit state banks to devalue preferred stock held by the Reconstruction Finance Corporation, in accordance with Section 345 of the National Banking Act of 1935. September 11, 1935
16- 171 Chapter 164, Laws of 1935, has not been superseded by the United State Warehouse Act. September 24, 1935
16- 172 There is no statute forbidding the employment of aliens in state institutions. September 26, 1935
16- 173 Chapter 76, Laws of 1935, covers all drivers and attendants, whether paid for their services in cash or in commissions, or whether driving their own busses. September 25, 1935
16- 174 Board members using their own cars for transportation on examination and inspection tours may not be allowed in excess of 7c per mile. September 26, 1935
16- 175 The Board may suspend or revoke certificate of registration of a barber who persistently violates the rules and regulations of the board without first obtaining a conviction for a misdemeanor. September 27, 1935
16- 176 Taxes voluntarily paid on wrestling matches, into the Veterans' Memorial Fund, under mistake of law may only be recovered by a legislative appropriation after claim filed pursuant to Sections 242-245, R.C.M. 1921. September 27, 1935
16- 177 A mine dump, as such, is not subject to assessment and taxation. September 28, 1935
16- 178 1. In all cases where motor vehicles have been previously registered the previous registration receipt must accompany the application. 2. The county treasurer may accept an application for registration for reregistration without the previous registration receipt ONLY when a car has not been previously registered. September 30, 1935
16- 179 The retail store eight hour day law makes no provision for exceptions in cases of emergency. September 26, 1935
16- 180 State forest lands may be exchanged for similar privately owned lands of equal value, and as near as may be of equal area. The land which is to be acquired may be used for recreational areas, providing the rentals and other income shall be available for the purposes mentioned in the Enabling Act. October 4, 1935
16- 181 Diseased animals may be moved from one county to another under quarantine and restrictions provided by the Montana Livestock Sanitary Board. October 3, 1935
16- 182 The milk dealer's license is an "annual" license and covers a period of twelve months--not merely a calendar year or the balance thereof. October 5, 1935
16- 183 A Board of County Commissioners has ample authority to change the boundaries of a township or to abolish a township altogether, and a petition of at least fifty citizens is not necessary to justify such affirmative action. October 9, 1935
16- 184 1. Where federal court has held that bonds of irrigation district are general obligations of the district, the income and rents from lands therein taken by county on tax deeds should be distributed pro rata according to the assessments between the irrigation district, the county and the various funds entitled thereto. 2. Lands taken by county on tax deeds for delinquent assessments and taxes are held by the county in trust, as are also the income and rents therefrom before sale, and latter should be distributed pro rata to the various funds entitled thereto. 3. Where federal court has held irrigation district bonds to be a general obligation of the district and has ordered such lands, taken by county on tax deeds, to be sold for the fair market value, the fair market value is the present value above the irrigation district bonds, even though such value may be only nominal, and not the normal value. October 2, 1935
16- 185 1. Before he may stop a vehicle on the pubic highway for the purpose of checking same for game, a deputy game warden must have reasonable cause to believe that the game laws have been violated. He may, in such a case, act without a search warrant. 2. The deputy may use such reasonable physical force as may be necessary and may pursue the vehicle and bring it to a halt, but he may not seriously injure or endanger the life of the fleeing misdemeanant except in self defense. October 9, 1935
16- 186 1. The person elected to the consolidated offices of County Surveyor and County Assessor must have all the valid qualifications for filling such offices before consolidation thereof became effective. 2. The constitution having prescribed the qualifications required of a County Surveyor, the legislature was without power to supplement them by such legislation as R.C.M. 4835. October 14, 1935
16- 187 1. A one-cow dairy, whether a producer or a producer-distributor, is a dealer within the meaning of the Milk Control Act and is subject to the regulations of the Milk Control Board. 2. In determining what is "a substantial portion of the milk in that community" the Board should not permit the same milk to be counted twice. October 15, 1935
16- 188 1. Net proceeds of mines are personal property and taxes levied upon such proceeds are taxes levied upon personal property. 2. Such taxes are secured by realty only to the extent of the interest of the operator in the mine or mining claim. 3. Chapter 88, Laws of 1935, has no application to taxes upon personal property unless real property has been sold on account thereof. October 16, 1935
16- 190 Educational schools of a tractor company, transported by truck, are not exempt from motor vehicle licenses. October 17, 1935
16- 191 A state bank does not have the power to act as an agent of fire insurance. October 24, 1935
16- 192 The actual assessed value of each animal destroyed because of tuberculosis infection should govern the amount of indemnity to be paid. October 30, 1935
16- 193 A foreign corporation which bids for the construction of any public work in the State of Montana is not thereby doing business within the State and is not obliged to comply with the provisions of R.C.M. 6651. October 30, 1935
16- 194 R.C.M. 5909 does not require the filing of a certified copy of articles of incorporation in counties where the corporation does not hold or purchase real estate even though it may purchase or own chattels in such county. October 31, 1935
16- 195 1. That the state water users' associations are not subject to payment of filing, recording and certification fees to county officers. 2. That the Secretary of State cannot charge the State Water Conservation Board or subordinate district organizations for office searches or certified copies of laws or resolutions passed by the Legislative Assembly relative to this subject. 3. Water users' associations are required to pay a corporate filing fee of Twenty ($20.00) Dolllars and do not come within the provisions of the fee fixed and collectable in the case of private corporations. October 31, 1935
16- 196 1. The mileage charge is made for the actual and necessary expense of transportation; a Court Reporter is entitled to actual and necessary expenses of living even though he may also be entitled to mileage. 2. Whether a storage charge for automobile of a court reporter is a proper charge is a question of fact for the county commissioners. 3. The county commissioners must be the judge of the necessity, under the circumstances in each case, of the use of a private car for transportation. November 4, 1935
16- 197 Machinery and surface improvements upon or appurtenant to mines or mining claims, having a value separate from and independent of such mines or mining claims must be assessed by the County Assessor even though the mines are not in operation. November 4, 1935
16- 198 The County Poor Fund is in a sense a trust fund and the county commissioners are not authorized to use it for any purpose except for "The care and maintenance of the indigent sick, or otherwise dependent poor of the county." November 4, 1935
16- 199 Personal property taxes, which are not a lien against real estate, may not be paid in two installments. November 6, 1935
16- 200 Grain, held in and owned by a grain elevator, should be taxed on a basis of 7% of its true and full value. November 9, 1935
16- 201 A taxpayer may redeem without payment of penalty and interest, under Chapter 88, Laws of 1935, from any tax sale of his real property to the county when the count has not assigned its interest acquired by such sale. November 22, 1935
16- 202 1. A mutual telephone line is properly assessable by the State Board of Equalization, --not by the county assessor. 2. A mutual telephone line is personal property and is assessable as such. November 25, 1935
16- 203 An automobile owned by the Federal Land Bank, and used by a field man in his work for the bank, is not subject to taxation by the state of Montana. August 12, 1935
16- 204 There is no violation of the Nepotism Act where there is no legal duty to terminate a contract of employment of a road supervisor at the time a relative of the employee takes office as county commissioner. December 3, 1935
16- 205 A county may not accept from the taxpayer a deed to real estate in payment of taxes which are a lien thereon. December 4, 1935
16- 206 Chapter 88, Laws of 1935, applies only to redemptions from tax sales. Penalty and interest may not be refunded where a portion of the delinquent taxes, together with penalty and interest, were voluntarily paid, but without effecting a redemption, during the time the Act was in force. December 4, 1935
16- 207 The county commissioners cannot refund penalty and interest to a taxpayer who was induced by a void law to voluntarily pay delinquent taxes, penalty and interest for 1933-34, concerning which there was no error or illegality, in order to take advantage of the provisions of such void law and to enter into a contract for the installment payment of other delinquent taxes. December 4, 1935
16- 208 The retroactive feature of Section 7, Chapter 26, Laws of 1935, (providing for the assessment and taxation of freight line companies by the Board of Equalization for the years prior to its passage during which years such companies escaped taxation) does not render the Section invalid. December 6, 1935
16- 209 The payment of old age assistance grants being a "mandatory expenditure required by law," the Board of County Commissioners may issue emergency warrants therefor upon the poor fund and such warrants shall be registered. December 11, 1935
16- 210 In letting a contract for the burial of the county poor the County Commissioners are not limited to the acceptance of a bid of a licensed embalmer or undertaker. December 11, 1935
16- 211 The Board of County Commissioners may sell tracts of tax deed lands of a value of less than $100.00 at private sale. December 13, 1935
16- 212 1. Where a county owns valuable chattels (an abstract plant) which became useless to the county, and cannot immediately be sold, it is within the power of the board of county commissioners to manage and control such property in such manner as is to the best interests of the county. Such property may be leased. 2. Though it may not be good policy to rent space in the office of the county clerk and recorder, Chapter 100, Laws of 1931, seems to leave such questions of policy to the sound discretion of the board of county commissioners. December 16, 1935
16- 213 School boards have no power to engage in the sale of water to the public or to cities and towns, or to install a water supply system more than sufficient to supply the reasonably anticipated needs of the schools. December 16, 1935
16- 214 An appearance fee is payable in the instances enumerated. December 19, 1935
16- 215 The budget act does not authorize a transfer of moneys from a road fund to a bridge fund. (Not applicable to Section 4631, relating to transfer of surplus moneys.) December 26, 1935
16- 216 It is the duty of the County Attorney to prosecute bastardy cases to a final determination and he has the power and authority to bind the county for all expenses necessary to the proper discharge of such duty. December 26, 1935
16- 217 In view of the provisions of the Budget Act, an agreement to purchase a motor patrol or maintainer, to be paid for out of the next budget may be illegal. December 26, 1935
16- 218 It appearing that an error was made in an assessment for taxes, the board of county commissioners may order a correction of the records so as to show the correct tax due. December 26, 1935
16- 219 Neither the Livestock Commission nor the secretary thereof has jurisdiction to adjudicate a husband's rights to a wife's livestock brand and to transfer the brand to him. December 26, 1935
16- 220 A non-resident automobile dealer cannot be required to pay a dealer's license before being permitted to solicit business from residents of Montana. December 27, 1935
16- 221 The county superintendent of schools may sell the building and property of an abandoned school, properly appraised, at a noticed public auction. January 2, 1936
16- 222 1. While mandamus may be invoked to compel the exercise of discretion of public officers, it cannot compel such discretion to be exercised in a particular way. 2. The Board of County Commissioners has the right to fix the period of the printing contract for such time, not over two years, which the board deems for the best interests of the county and it cannot be compelled in a mandamus action, against its better judgment and will, to let a contract for the maximum of two years. January 8, 1936
16- 223 Any stockholder, owning in his own right shares of stock in a bank, either common or preferred, in the amount specified by statute, is eligible for election as director of a bank. January 9, 1936
16- 225 Corporation license tax returns are and remain private writings until the Governor shall make a blanket order to the effect that they are public records. In the absence thereof a private individual is not entitled to inspect, to take photostatic copies of, or to receive certified copies of any one corporation's license tax return. January 9, 1936
16- 226 Assuming that a county may avail itself of the statute of limitations on its outstanding bonds, it is not required to do so. January 10, 1936
16- 227 It is doubtful that the Water Conservation Board has power to acquire forests and timberlands. January 9, 1936
16- 228 Contracts for state highway construction, repair and maintenance work must contain a provision that the contractor must pay the standard prevailing wages paid in the county seat of the county in which the work is being performed. January 11, 1936
16- 229 Where a contractor fails to pay the prevailing wages on state highway work he may, under the facts, be liable to a $500 deduction from the contract price as liquidated damages. January 11, 1936
16- 231 Failure to print the regular issues of a weekly newspaper for eight weeks is a material deviation from the requirements of the statute relating to qualifications of a newspaper to contract for county printing. January 17, 1936
16- 232 Where the Secretary of State certifies that a referendum petition contains signatures of 5%, but does not contain signatures of 15% of the legal voters of the State, the Governor's proclamation should not declare the act inoperative. January 18, 1936
16- 233 1. Rules regarding the time within which a public officer must perform statutory duties are set forth. 2. The provisions of Section 1 of Chapter 65, L. 1933, regarding time for appraisement of tax deed lands before sale, are directory and not mandatory; and a substantial compliance therewith in other respects, after lapse of the 90 day period, is sufficient. January 24, 1936
16- 234 Since hail tax is not a lien on personal property, the owner should be permitted to pay the personal property tax in order to avoid sale thereof, without being required to pay the hail tax at the same time. January 26, 1936
16- 235 A purchaser of a motor vehicle at a sale from the United States government, for violation of internal revenue laws, buys the title free and clear of all encumbrances. January 26, 1936
16- 236 1. The Highway Patrol has no power or authority to pay county treasurers for additional clerical services made necessary by the extra work required to sell drivers' licenses. 2. Speaking generally, where the collection of a license fee is legal and payment thereof is voluntary and without protest, such fee may not be refunded in the absence of a statute authorizing a refund. January 27, 1936
16- 237 Application to the County Treasurer for registration or re-registration of a motor vehicle must be made before the first day of February. January 28, 1936
16- 238 Since the statute requires the articles of incorporation to contain not only the name of the county in which the principal office or principal place of business is to be located, but also the name of the "city, town or place within the county", the complete failure to name in the articles any place more definitely and specifically than a county cannot be deemed a substantial compliance with the statute. January 28, 1936
16- 239 1. The property of the United States, no matter what form it takes, must not be taxed or sold for taxes. 2. Where an entryman upon or a purchaser of public lands has done everything necessary to entitle him to a patent or deed, the equitable title to the lands vests in him, and such lands are taxable by the state in which they lie, although a patent or deed has not issued and the United States holds the naked legal title. January 29, 1936
16- 240 The Milk Control Board has the power to determine the fiscal period for licenses and to fix same as and for the calendar year. January 30, 1936
16- 241 A Canadian citizen who has declared his intention to become a citizen of the United States, but who has not yet received final papers is not ineligible to receive county relief. January 30, 1936
16- 242 1. Where a rule is reasonable and a school fails to comply, the state examining board of beauty culturists may refuse, revoke or suspend the license of the person conducting the school. 2. Before anyone may practice or teach cosmetology such person must pass an examination as to fitness to practice or teach cosmetology or any practices thereof. January 30, 1936
16- 243 Stockholders of a corporation, partners, employees receiving a bonus or commission, truck drivers for wholesale houses, and clerks working for two separate employers are considered in relation to violations of the eight hour day law. January 30, 1936
16- 244 1. When the purchaser of state lands forfeits his interest therein because of his failure to pay past due installments of the purchase price within the statutory period, the state becomes once again the absolute owner of such lands and the lands become absolved from further liability for taxes previously assessed against the interest therein of the delinquent purchaser the moment the state again becomes the absolute owner thereof. 2. The delinquent purchaser of state lands who invokes the benefit of Section 89, Chapter 60, Laws of 1927, as amended by Chapter 101, Laws of 1929, is not required to pay any taxes except the taxes levied against his interest for the year in which reinstatement is made, if on or before the first Monday of March of that year, and subsequent years as they follow. 3. The delinquent purchaser of state lands who invokes the benefit of Section 2 of Chapter 143, Laws of 1935, must pay the taxes for the years that correspond with the years for which installments of the purchase price have been paid, it such taxes have not been already paid, and the taxes levied against his interest for the year in which reinstatement is made, if on or before the first Monday of March of that year, and subsequent years as they follow. February 3, 1936
16- 245 No senator or representative may, during the term for which he shall have been elected, be validly appointed to a membership in the Montana Relief Commission. February 3, 1936
16- 246 1. It is incumbent upon the State Highway Commission to penalize contractors who fail to pay the prevailing rate of wages to workmen employed on highway construction, maintenance and repair. 2. "Prevailing rate of wages" is defined and a method suggested for facilitating the determination of that rate by the State Highway Commission. February 3, 1936
16- 247 A trucker who buys a stack of hay from a rancher, bales the hay, and then hauls it and sells the baled hay to a consumer, is not a wholesaler and is not subject to the wholesale dealer's license. February 7, 1936
16- 248 1. Where the county owns the fee title to land upon which a highway is constructed, the county commissioners may regulate the fencing by abutting land owners of a non-navigable stream over which a bridge has been built. 2. But where the county or public has only an easement for highway purposes the abutting land owners normally would have the right to fence to the bridge or bridge approach even though it prevents watering of livestock travelling the highway. February 10, 1936
16- 249 1. Since the State is the only source of state insurance there can be no "prevailing rate" in the customary sense; it must be such rate as is fixed in the usual course of business, without undue enlargement of costs and risks, and with reasonable profit in addition. 2. Suggested procedure to be followed in arriving at the rate is outlined. February 11, 1936
16- 250 Where warrants of a city or town were properly presented to the proper officer for payment and not paid for want of funds, the county commissioner is without power to compromise and waive the interest due on the warrants. February 11, 1936
16- 251 "Pin Boards," as described in the facts given, are prohibited by the anti-gambling laws. February 11, 1936
16- 252 1. The repeal of the seed grain loan act without a saving clause extinguished the lien of the contract and any tax lien which may have resulted from a failure of the owner of the property to comply with the terms of the contract. 2. The County Commissioners must direct the county clerk to execute, and he must execute on behalf of the county, a release not only of the lien of the contract but the lien of any so-called tax arising from the contract. 3. Chapter 29 and 121, Laws of 1935, are constitutional. February 14, 1936
16- 253 A cook who works for a highway construction company is within the eight hour day law relating to public works. February 28, 1936
16- 254 Personal property is not assessed by rural improvement districts. February 29, 1936
16- 255 1. Service of notice of application for tax title may be made upon (1) owners, (2) mortgagees, and (3) assignees of mortgagees by registered letter but the occupant of the property must be served personally. 2. No posting of notice upon the property, of application for tax title, is required. February 29, 1936
16- 256 Milk Control Licenses issued July 1, 1935, are good until July 1, 1936, even though carrying an expiration date of January 1, 1936. February 29, 1936
16- 257 A board of school trustees may not hold land for the purpose of prospecting, exploring and drilling for gas, developing gas wells and removing gas therefrom. March 2, 1936
16- 258 It is not only the right, but it is the duty of the County Treasurer to assign the right of a county in lands purchased by the county on tax sales to anyone paying the taxes, penalty, interest and costs after the County Commissioners have ordered the County Clerk to take tax deeds. March 4, 1936
16- 259 If the facts warrant it, the county assessor should assess estrays. The facts must be determined by the county assessor who should not act arbitrarily. March 4, 1936
16- 260 1. A housewife does not violate the law when she adds coloring to oleomargarine. 2. A merchant or dealer or demonstrator does not violate the law in coloring oleomargarine for demonstration purposes, not for sale. 3. A dealer, agent or solicitor not licensed under the oleomargarine law violates the law when he takes orders for oleomargarine manufactured in or already within the state for sale. 4. "Pacific Nut, " under the facts stated, may be legally sold. March 6, 1936
16- 261 The phrase "original paid invoice" denotes invoices, original in character and form, in contradistinction to copies, received from the dealer by the purchaser, which show on their faces that the latter has paid for the gasoline described in them. March 30, 1936
16- 262 The State Highway Commission has no authority to enter into an agreement with the Federal Bureau of Public Roads whereby the requirements of the Montana Contractor's License Law may be avoided in contracts let by the commission which are financed in whole or in part by Federal funds. April 8, 1936
16- 264 Any taxes levied upon personal property held by heirs of an estate (under the facts given) as tenants in common, which have not been paid, are a lien on the real property of the estate. April 11, 1936
16- 265 1. Curative acts cannot cure or in anywise affect any act done after the date of passage and approval. 2. The curative portion of Sec. 1, Chap. 33, Laws of 1933-34 operates only on conditions already existing and, in a sense, can have no prospective operation. April 14, 1936
16- 266 1. The State Fish and Game Commission may not increase the duration of hunting or fishing seasons. 2. The State Fish and Game Commission may fix an open hunting or fishing season of the same duration as is fixed by statute, but at an earlier or later period in the year, if such change is made to assure the maintenance of an adequate supply of fish or game. April 14, 1936
16- 267 Laws relating to organization of grazing associations, and powers of Montana Grazing Commission, with relation thereto, are construed. April 14, 1936
16- 268 Property of persons and corporations located on lands purchased by the United States with consent of the State, used for construction of Fort Peck Dam and necessary administrative purposes, is not taxable by the several counties in which such lands are located, as the United States has exclusive jurisdiction thereof. This rule does not apply to public domain lands. April 21, 1936
16- 269 Employees of the Works Progress Administration are in reality employees of the United States and salaries or wages of WPA employees are not subject to Montana income tax. April 17, 1936
16- 270 1. Oaths and acknowledgments defined and distinguished. 2. The County Treasurer is not authorized by statute to take acknowledgments. April 20, 1936
16- 271 Counties are entitled to refunds of gasoline license tax only in cases where the gasoline purchased by them was actually consumed in the construction of new highways or in changing to some extent the route of existing highways. April 23, 1936
16- 272 The term "committeemen" clearly includes women duly elected, and duly elected women precinct committeemen are eligible to vote for delegates to the state convention to be held under the provisions of Chapter 126, Laws of 1927. May 5, 1936
16- 273 The word "maintenance," as used in the 1935 appropriation for the Bureau of Civilian Rehabilitation, includes tuition, fees and supplies, as well as living expenses of persons taking the vocational rehabilitation courses contemplated by the statutes. May 5, 1936
16- 276 The State Board of Barber Examiners has no authority to adopt rules and regulations governing barber schools. May 5, 1936
16- 279 The head of the Division of Labor and Industry is a mere employee, holding his position at the pleasure of the Commissioner of Agriculture, and the appointment of a member of the legislature to that position does not violate the Montana Constitution. May 5, 1936
16- 280 1. The Montana Children's Home is a private, charitable or non-profit corporation, created under the laws of Montana. 2. Although the Montana Relief Commission is an agency of the state and performs important functions on behalf of the state, it is not a public corporation within the terms of the Workmen's Compensation Act. 3. When the Montana Relief Commission undertakes to repair a building of a third party under the direction of the Federal government, the Commission is not carrying out a function of the State and Compensation Plan No. 3 is not compulsory; the private insurer is liable. April 8, 1936
16- 281 1. Persons residing upon lands in the Fort Peck area, within the borders over which the War Department has assumed exclusive jurisdiction, do not become residents so as to entitle them to register and vote in Valley County Montana. 2. Such persons, however, by residing in the Fort Peck Reservation, do not necessarily lose such legal residence as they may have acquired in another jurisdiction. May 9, 1936
16- 282 An optometrist may not practice under a trade or corporate name. May 12, 1936
16- 284 1. Compliance with the Montana Insurance Law by the theater is necessary where the theater provides insurance against loss in the event a patron's name is drawn and the patron fails to attend a theater legally operating a bank night. 2. If the bank night is so operated as to be a lottery as defined by statute then such insurance is in violation of Section 8062, R.C.M. 1921, prohibiting the insurance of a lottery. May 13, 1936
16- 285 A private corporation may not amend its articles of incorporation so as to become a non-profit social corporation. May 19, 1936
16- 286 1. A building and loan association stockholder's proxy containing the printed name of the appointee does not comply with the provisions of Section 11, Chapter 57, Laws of 1927. 2. A building and loan association stockholder's proxy is effective until revoked or another substituted provided the statute is complied with. May 19, 1936
16- 287 Under the provisions of Chapter 182, Laws of 1935, no party, including parties entitled to nominate candidates by convention, may nominate a candidate for the office of judge of the Supreme Court or judge of the District Court. May 21, 1936
16- 288 The board of county commissioners has no power to reduce the interest rate on contracts for the sale of county lands on deferred payments, where the contracts were made under authority of Chapter 162, Laws of 1929. May 22, 1936
16- 290 A tractor used primarily for agricultural operations and not for transportation of persons or materials is not a motor vehicle, within the meaning of that term as used in our statutes, for which a license is required. May 21, 1936
16- 292 The personal service of notice of application for tax deed as required by Section 2209, as amended, need be made only upon persons in actual possession or occupancy and not upon persons in constructive possession or occupancy. May 22, 1936
16- 293 The county may not publish a notice of application for tax deed covering a number of disconnected or non-contiguous mineral reservations belonging to the same owner; notice must be given as to each separate tract. May 27, 1936
16- 294 Submarginal land offered for sale to the United States ceases to be subject to assessment and taxation when the United States acquires the equitable title to the land. The United States becomes the equitable owner of such lands when it exercises its option to purchase by accepting the offer of the optioner. May 28, 1936
16- 295 A butcher who maintains a meat market in one community or town may not in that and all other communities or towns peddle meat without obtaining a peddler's license. May 22, 1936
16- 296 1. The Governor has authority to direct the State Examiner to make an examination of the Montana State Highway Commission. 2. In the event of such examination the Commission is required to reimburse the State Examiner's Permanent Revolving Fund for the salaries and expenses of such examination. June 3, 1936
16- 297 1. A county treasurer would not be liable for interest on the amount of a deposited check until the county funds, represented by the check, are collected by the bank. 2. Until a check is converted to "money" the provision of Section 4767, R.C.M. 1921, as amended, relating to the payment of interest on "public money," does not apply. March 24, 1936
16- 298 1. The county assessor in assessing credits to the taxpayer may not properly deduct bona fide debts owing by the taxpayer. 2. Subdivision 6 of Section 1996, R.C.M. 1921, is impliedly amended by Section 1999, R.C.M. 1921. June 5, 1936
16- 299 Where a joint school district maintaining a high school is made up of territory in two counties, and where a high school is maintained by the district in only one of the two counties, the district may budget only for the attending students of the other county who are residents of the joint district as well as of the county. June 6, 1936
16- 300 Funds remaining in the High School General Fund of a school district maintaining a high school may not by a vote of the electors of the district, be transferred to the building fund to be used for building purposes, but such funds must be used for the purposes of the next ensuing budget. June 6, 1936
16- 301 Hangers, such as are sometimes used in wash houses of coal mines, cannot be properly substituted for lockers, and each locker when constructed or installed should be suitable as a repository for the clothes of the employee. June 12, 1936
16- 301A 1. "Public Records" and "Public Writing" are discussed and defined. 2. The State Auditor, as ex-officio Commissioner of Insurance, is not required by law to furnish to private individuals certified copies of a report he caused to be made of the method and manner in which an insurance company was re-insuring Montana risks. June 12, 1936
16- 302A A reprieve by the governor to a day certain, granted in a capital case, authorizes the execution of sentence on the day on which the reprieve terminates, and it is not necessary that the prisoner should be brought before the court to have the time of execution fixed. June 20, 1936
16- 303 One-half the cost of transportation of all pupils attending public schools and who live three or more miles distant therefrom is a proper charge against the public school general fund. June 24, 1936
16- 304 A voter may write in names on the primary election ballot for the offices of Judges of the Supreme Court and of the District Courts, and a person so nominated may qualify and become a candidate at the general election. June 25, 1936
16- 305 Any person finding a pure bred bull of recognized beef type running at large on the open range between January 1 and July 1 has the right to castrate such bull. June 26, 1936
16- 306 1. The person who holds the consolidated office of county treasurer and county superintendent and discharges the duties thereof must possess the qualifications of each of the consolidated offices as prescribed by the Constitution and statute and he is likewise subject to the limitations of each. 2. Section 4835 R.C.M. 19212, being unconstitutional, the person elected to the consolidated office of County Assessor and County Surveyor need not possess the qualifications therein prescribed. 3. Where the office of County Surveyor and County Assessor are consolidated the salary fixed by law for County Assessor should be paid. 4. A consolidated office should be designated on the ballot by the names of the offices consolidated. June 27, 1936
16- 307 The offices of Sheriff and County Coroner may be consolidated. June 29, 1936
16- 309 The license fee required by Section 2441, R.C.M. 1935, must be paid on a business of $15,000 per year whether it be gross or net, and it must be paid in the county where the principal place of business is located. June 29, 1936
16- 310 1. The proceeds of sale of all tax deed property of a value in excess of $100, sold for cash or on contract should be distributed according to Section 2235, R.C.M. 1935, as finally amended. 2. The proceeds of leasing tax deed lands should be distributed according to Section 2208.2, R.C.M. 1935. June 29, 1936
16- 311 A Montana bank or trust company, exercising trust powers, may not legally deposit trust funds in the commercial department of the fiduciary bank or trust company by setting aside government bonds to the amount of the trust funds as security therefor. June 30, 1936
16- 312 In Section 4767, R.C.M. 1935, which specifies what bonds may be used as security for deposits of public funds by county, city and town treasurers, the words "New York Market" mean the New York Stock Exchange and the New York Curb Exchange. June 30, 1936
16- 313 The Governor has authority to grant an additional reprieve, under the circumstances of the case presented, in order to permit him to investigate further into the facts and law of the case. July 2, 1936
16- 314 1. All of the duties of a member of the State Highway Commission must be performed in valid commission meetings and members of the commission are entitled to compensation only as an incident to said meetings. 2. A member of the State Highway Commission may not act as a salaried employee of the commission. July 6, 1936
16- 315 1. An order of court restraining the State Auditor from carrying out on his part the provisions of the State Insurance Act did not have the effect of suspending the Act. 2. A contract of insurance with a private carrier, violative of the provisions of the State Insurance Act and entered into during the effective period of the restraining order, is void and unenforceable and should be cancelled. May 16, 1936
16- 316 Rules and regulations relating to property rights, resale and use of milk bottles are discussed. July 7, 1936
16- 317 The Montana Dentistry Regulation Act does not prohibit the placing of illegal professional advertisements in Montana newspapers by non-resident dentists. July 8, 1936
16- 319 There is no statutory authority, either express or implied, for the Montana Highway Patrol to enter into interstate compacts or reciprocity agreements with neighboring states to exempt travelling salesmen from such states from the purchase of Montana Motor Vehicle License plates. July 8, 1936
16- 321 The payment of funeral expenses of members of a fire department relief association and the amount thereof, if any, is by law left to each association for determination. July 7, 1936
16- 322 The Board of County Commissioners is vested with power and authority to issue, negotiate and sell coupon bonds of the county for the construction of bridges but if the indebtedness or liability exceeds $10,000 for any single purpose it must be approved by a majority of the electors. July 10, 1936
16- 324 The State Sealer of Weights and Measures, his deputy or inspector of weights and measures and municipal sealers of weights and measures have the authority and duty of examining all commodities sold and offered for sale, and testing them for correct weight, measure or count. July 10, 1936
16- 325 A wholesaler's license fee, paid and forfeited for failure to post a proper bond may not be applied as payment for a subsequent year's license for the reason that it would amount to a refund. July 10, 1936
16- 329 The office of member of the Montana Relief Commission, under the provisions of Chapter 45, Laws of 1933, was a civil office even though the law did not provide for compensation for members of the Commission. July 16, 1936
16- 330 1. Sections 1746.2 and 1741.7 (11), R.C.M. 1935, relating to intoxicated drivers, are both in effect. 2. Where an arrest is made under either of said sections by a Highway Patrolman, any fines received should be paid to the State Treasurer as provided in Section 1741.2, R.C.M. 1935; where the arrest is made by any other peace officer, the fines do not properly belong to the State Highway Patrol Revolving Fund. July 20, 1936
16- 331 1. Where The State Industrial School competes with milk dealers, regulated under the Milk Control Act, it should as a matter of public policy comply with all the requirements of the Milk Control Board. 2. No license fee may be charged the State Industrial School under the Milk Control Act. July 20, 1936
16- 332 The Board of County Commissioners of a county may not expend more than $200.00 altogether for the purposes mentioned in Section 4550, R.C.M. 1935. July 24, 1936
16- 333 1. While the obligation to build and maintain highways, including bridges, primarily devolves upon the State, the State may and in Montana has imposed that duty upon the counties and municipalities. 2. The Board of County Commissioners in the exercise of a sound discretion must determine whether a bridge located within a municipality should be replaced; and must fix the share of the cost (not less than one-half) which the municipality must bear. July 30, 1936
16- 334 1. The Montana Relief Commission, when served with a writ of garnishment, should pay over to the attaching officer all debts or credits or other property owing or belonging to the defendant and which are in the hands of the commission on the day the writ is served, unless the writ commands payment of a lesser sum. 2. Methods of drawing salary checks in case of garnishment are indicated. July 31, 1936
16- 335 A candidate, who was defeated at the primary nominating election and who proposes to file a nominating certificate as an independent candidate must pay the filing fee fixed by Section 6181 R.C.M. 1935. August 4, 1936
16- 336 County Commissioners have no power to expend county money in whole or in part for the purpose of constructing, owning and operating small dams and reservoirs for conserving flood waters and furnishing stock water for farmers and stockmen within their counties. August 5, 1936
16- 337 Section 2153 R.C.M. 1935 offers to owners of mortgages two distinct remedies of segregation of real property taxes from personal property taxes, rather than only one remedy. August 7, 1936
16- 338 Under the provisions of Section 1760, R.C.M. 1935, it is within the discretion of the county commissioners to determine what proportion of the net fees derived from the registration of motor vehicles shall be used for city streets of cities of less than 35, 000 population. August 8, 1936
16- 339 Section 3073.1 R.C.M. 1935 is merely cumulative with reference to females employed in stores in cities and towns of a population of 2,500, and over; it is not necessarily repugnant to Section 3076 R.C.M. 1935, and the latter section is not repealed either in whole or in part. August 10, 1936
16- 340 Initiative or referendum measures and constitutional amendments should be printed upon the official ballot unless the Act of the legislature submitting the constitutional amendment provides therein that separate ballots shall be provided. August 11, 1936
16- 341 1. The only method provided for the collection of poll taxes imposed by Sections 1663, 4465.4 and 5219, R.C.M. 1935, is provided in Sections 2165.1, 2252.1 and 2252.2, R.C.M. 1935. 2. The County Treasurer may demand of contractors engaged in highway construction work, and who employ persons enrolled with the Federal Relief Agencies, that said contractors deduct from wages of said employees (as directed by Section 1620, R.C.M. 1935) only the tax provided by Section 1617, R.C.M. 1935. August 12, 1936
16- 342 One who redeems, under the provisions of Section 2215.5, R.C.M. 1935, land from a tax sale is not required to pay plaintiff's attorney fee. August 12, 1936
16- 343 Under the facts stated the County Commissioners have power to grant easements to the United States government for dam sites for the purpose of permitting the latter to construct dams. August 13, 1936
16- 344 1. Section 2197, R.C.M. 1935, requiring a redemptioner from tax sale to reimburse the assignee of a tax sale certificate, does not apply to the state or counties; nor is there any statute which, either expressly or impliedly, gives the Board of County Commissioners the right to put the county in the position of a redemptioner. 2. Section 2215.1, R.C.M. 1935, which provides for an action to secure tax deed, limits the right of action therein granted to the holder of the tax sale certificate. August 20, 1936
16- 345 Boards of school trustees have power to issue bonds for construction of gymnasium building and to make such building available for use as community building and National Guard armory. August 25, 1936
16- 346 1. Section 6389, R.C.M. 1935, applies to all cooperative corporations, cooperative companies or cooperative associations but does not apply to corporations organized under statutes relating to so-called general corporations. 2. Section 6389, R.C.M. 1935, expressly applies to corporations, etc., "heretofore organized and doing business under prior statutes." September 4, 1936
16- 347 An application for leave to withdraw a plea of guilty and to enter a plea of not guilty to a charge of murder in the first degree may be made even after judgment has been pronounced. It would be well, in such a case, for the Governor to grant the defendant a reprieve to a day before which the court is likely to pass upon the motion. September 10, 1936
16- 348 The rights and limitations of the rights of corporations and associations under the cooperative marketing act are generally discussed. September 11, 1936
16- 349 Members of the Montana Relief Commission may validly be paid per diem for each day that the Commission is in session and not otherwise. September 11, 1936
16- 350 A candidate filed for office of county attorney on the republican ticket in Custer County and was not nominated; but his name was written in and he received the highest number of votes for County Attorney on the democratic ticket in Powder River County at the same election. September 11, 1936
16- 351 The candidate receiving the second highest number of votes upon any ticket is not by reason of such fact entitled to qualify as its nominee where the person receiving the highest number of votes qualifies upon another party ticket. September 16, 1936
16- 352 The Governor has power to recommend to the State Board of Pardons a conditional pardon so long as the conditions are not illegal, immoral or impossible of performance. September 16, 1936
16- 353 The manufacture and sale of a product which contains less than 10% fat, and which is used solely as a base in malted milk and milk shakes, is not prohibited by Section 2620.4, R.C.M. 1935. Such a product, however, may not be sold as ice cream. September 22, 1936
16- 354 Counties cannot claim exemption from the five-cent gasoline license tax. September 23, 1936
16- 355 Under the provisions of Section 355.20 (5), R.C.M. 1935, an old age pensioner loses his residence for the purpose of the act (1) by acquiring a new legal residence by moving elsewhere with the intention of making the place to which he moves his residence, or (2) by absenting himself voluntarily and continuously for one year from the county in which he has resided. September 24, 1936
16- 356 Under the provisions of Section 173.2 R.C.M. 1935 (part of the State Insurance Law) the state must insure the public buildings of its political subdivisions and the contents of such buildings against direct loss by explosion (including steam boiler explosion), among other damaging or destructive things, and this without regard to its cause or the place of its origin. September 25, 1936
16- 358 1. It is the duty of the State Examiner to examine the books and accounts of all school districts of the first and second class in like manner as he is required to examine the books and accounts of the state, county and city officers. 2. The trustees of a school district have no power to employ private accountants to examine school district books and accounts or to pay for such services out of school district funds. September 26, 1936
16- 359 Members of the Montana Relief Commission may not validly be paid per diem for days spent in travel to and from meetings. September 28, 1936
16- 360 The Federal Land Bank of Spokane and the Federal Intermediate Credit Bank of Spokane are not subject to the state gasoline license tax and motor vehicle license fees while operating their automobiles within this state in the conduct of their businesses as agencies of the federal government. October 2, 1936
16- 361 A Justice of the Peace is without authority to remit a fine which has been imposed by him. October 7, 1936
16- 362 The State Board of Land Commissioners does not have the authority, express or implied, to exchange land with the State Water Conservation Board. October 8, 1936
16- 363 The Superintendent of Banks is not authorized to surrender the remaining assets of a bank in liquidation until all claims of stockholders have been paid or until they have waived their rights to the statutory liquidation by the Superintendent of Banks. October 13, 1936
16- 364 In the arrangement of ballots at the general election, it is not legal to separate the party tickets and to insert between such party tickets the names of independent candidates but the names of independent candidates should be placed in the last column on the ballot. October 20, 1936
16- 365 The County Commissioners, in exposing for sale lands acquired by tax deed, must follow the provisions of both Section 2208.1 and Section 2235, R.C.M. 1935. October 26, 1936
16- 366 1. Public funds may not be used for the payment of premiums or workmen's compensation insurance or other equivalent form of insurance covering signatories of voluntary work agreements with the Resettlement Administration. 2. The State and its political subdivisions and other local authorities are not authorized by law to assume liability for injuries sustained by assigned voluntary work agreement signatories. 3. Assigned voluntary work agreement signatories will not be otherwise similarly protected by such insurance by operation of State statutes. October 26, 1936
16- 367 (1) A Montana building and loan association may borrow money in excess of 20 per cent of its assets from the Federal Home Loan Bank. (2) A Montana building and loan association may not pledge and hypothecate any of its assets to secure loans from the Federal Home Loan Bank without the consent of the State Superintendent of Banks. October 29, 1936
16- 368 Where the County Assessor was holding office by appointment before the general election and no special election was called to fill the vacancy, a second vacancy exists after the general election and it is the duty of the county commissioners to fill that vacancy by appointment for the remainder of the term. November 12, 1936
16- 370 1. A school district, or its directing board, as such, is not liable to persons injured by its nonfeasance, nor is it liable for injuries or loss resulting from its negligence, as for a failure properly to construct a school building or to keep it in repair, or to maintain the school premises or equipment in a proper and safe condition, except where liability is imposed by statute. 2. Members of the board of trustees of a school district are not personally liable for the negligence of the board as such, but they are personally liable for their own negligence or tort in the performance of duties to be performed by themselves, or for that of an agent or employee of the district when acting directly under their supervision or by their direction. November 19, 1936
16- 371 State textbook law authorizes adoption of two separate basal textbooks for study of state and of national civil government. November 23, 1936
16- 372 Fences owned by the Federal Land Bank, which have become personalty by actual or constructive severance from land to which the bank no longer holds title, cannot be assessed and are exempt from taxation. November 25, 1936
16- 373 The affidavits of the two resident taxpayers on livestock, required by Section 3417.6, R.C.M. 1935, must be sworn to or affirmed before some officer who has authority to administer an oath, and such officer must sign the acknowledgment. November 28, 1936
16- 374 1. State Insurance Fund Law (Chapter 179, Laws of Montana, 1935), having been defeated by the people at referendum election becomes void, and all contracts of insurance issued thereunder are nullities. 2. State officers are without legal authority to refund unearned portions of premiums, but such refunds give rise to a moral obligation which the legislature alone may discharge. 3. School districts and counties have moral obligation to pay premiums in arrears for protection given at least on pro-rata basis, but upon refusal so to do, doubtful if recovery by the State may be had on quantum meruit basis. November 30, 1936
16- 375 The Registrar of Motor Vehicles must issue certificate of registration for each caravaned car, which certificate must contain the identifying information required by Section 1755, R.C.M. 1935. November 30, 1936
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