Attorney General’s Opinions

Volume 19

Opinion Held Date
19- 1 County Clerk and Recorder, in giving notice of application for tax deed, must give notice to owner of property if known to him independent of his records. January 10, 1941
19- 2 Where erroneous assessment for taxes was made, the Board of County Commissioners may order a correction of the records to show the true tax due. January 10, 1941
19- 3 County Superintendent of Schools may declare school districts abandoned where no school held therein for three consecutive years, and trustees have not provided transportation by omnibus, bonded competent driver. Paying of board and room or transportation does not bring within exception. January 14, 1941
19- 4 County Commissioners may lease County lands subject to sale, but may not lease such lands for oil and gas purposes. January 16, 1941
19- 5 1. Taxpayer's right to repurchase tax deed land constitutes a preferential right which extends to his successor in interest. 2. The rate of interest on deferred installments, when purchase is made by taxpayer, is six percent; if sold to other than taxpayer, the rate is four percent. 3. Title to property sold under Section 4465.9 does not pass to purchaser or his assigns until final purchase price is paid. January 17, 1941
19- 6 In event lands are not sold at first auction sale, County Commissioners may, at any time, sell same at private sale without reappraisal and readvertising at not less than 90% of last appraised value. January 21, 1941
19- 7 Barber owning barber shop who pays inspection fee of $15.00, then moves his shop to different location, where it is established, must pay another inspection fee of $15.00. Chapter 150, Laws of 1939. January 23, 1941
19- 8 1. The Agricultural Experiment Station, its substations and the Extension Service are not included in the term "higher educational institutions." 2. Income on earnings of state institutions may be validly appropriated without specifically naming the amount. January 25, 1941
19- 9 Boards of County Commissioners may not sell tax deed lands and reserve oil and gas in said lands. Section 2235, the Revised Codes of Montana, 1935, as amended by Chapter 181 of the Laws of 1939, directs that such deeds convey all right, title, interest, estate, lien, claim and demand of the State of Montana, and of the county, in and to said real estate. January 24, 1941
19- 10 Under Welfare Act as amended by Chapter 129 of the Laws of 1939, County Commissioners' duty to furnish osteopathic and chiropractic treatment left to sound discretion of Board. January 29, 1941
19- 11 Where county treasurer arbitrarily adds to or raises amount of tax levy as set by authorized board, and collects the same, such increase is erroneously and illegally collected and may be recovered by the person who has paid such tax, or his guardian or administrator, by filing the claim therefor as provided by law. January 29, 1941
19- 12 Where State Purchasing Department performs administrative functions for Fish and Game Department from Fish and Game Fund to extent not in excess of value of such services does not conflict with provisions of Pittman-Robertson Act providing Federal Funds for wildlife projects. January 30, 1941
19- 13 Preferential right of taxpayer, whose property has been deeded to county may be terminated without any further notice to such taxpayer. The act of Board of County Commissioners in selling the property terminates the said preferential right. January 31, 1941
19- 14 State by assent to Pittman-Robertson Act would cede jurisdiction over wildlife in projects to extent that regulation by State cannot be inconsistent with Federal Government's purpose. February 4, 1941
19- 15 1. Invoice issued to claimant at time of purchase of gasoline constitutes only proof upon which legal claim for tax refund can be made. 2. Secondary evidence, such as carbon copies of original invoice or affidavits of loss or destruction, is not admissible before the Board of Equalization to support claim to tax refund. February 5, 1941
19- 16 Even though a holder of an Idaho non-resident license permitting a bag limit of four pheasants of either sex with a right to ship and transport the same and also the holder of a Montana resident license permitting a bag limit of six male pheasants after the first day, nevertheless and notwithstanding the Idaho law, which has no extra-territorial effect, sportsman would be governed by the game laws of Montana and the regulations of the Fish and Game Commission thereunder. February 6, 1941
19- 17 1. The Teachers' Retirement System Act (Chapter 87, Laws of 1937, as amended by Chapter 202, Laws of 1939) is not in conflict with any provision of the Constitution of the State of Montana. 2. The Legislative Assembly may constitutionally enact an appropriation measure whereby the State contributes to the pension accumulation fund, established under the Teachers' Retirement System, in a lump sum by way of appropriation to such fund, and a further appropriation in a lump sum for the administration of the Act. February 5, 1941
19- 18 Two principles of law to be considered: 1. The right of appropriation as fixed by 7093, Revised Codes of Montana, 1935. 2. The right of one to use water which falls upon or originates upon his own land. February 7, 1941
19- 19 A. A shovel used for road construction and a patrol used for road maintenance do not constitute a "single purpose" within the meaning of Section 5, Article XIII of the Montana Constitution. B. The Board of County Commissioners may purchase road machinery, costing in the aggregate of $10,000 on the installment plan, extending over a period of two years, without first obtaining the approval of a majority of the electors of the county, when, as in this case, no single item of said equipment costs over $10,000. C. The purchase of the road machinery in question by the letting of a single bid is legal and should be made in conformity with the provisions of Section 4605.1, Revised Codes of Montana, 1935. February 10, 1941
19- 20 A Justice of the Peace has no right to draw any papers by which an action or proceeding in court may be set in motion. February 11, 1941
19- 21 Initiative and referendum measures may be amended by Legislature in same manner as other ordinary legislative measures. February 12, 1941
19- 22 All number plates issued for State, County and Municipally-owned motor vehicles must have an "X" thereon. February 14, 1941
19- 23 Former owner-taxpayer may repurchase by paying original taxes with penalty and interest to date tax deed was issued to county. February 15, 1941
19- 24 State Highway Commission has authority to comply with Federal Highway Commission Act of 1940, although such compliance might conflict with Section 2396.2, Revised Codes of Montana, 1935, relating to apportionment of highway funds to districts. February 17, 1941
19- 25 1. County Commissioner need not, after his election, remain a registered voter in the district from which he was elected but must be an elector of the county. 2. Residence of county commissioner, for purpose of determining mileage, is not conclusively determined by the place where he votes. February 18, 1941
19- 26 Senate Bill No. 80 is not contradictory to Federal statute. Present State law deals only with sedition and criminal syndicalism, and deals only with the spoken or written word, etc. This bill deals with acts and actions. The title of this bill is comprehensive to include the definition of "sabotage." February 18, 1941
19- 27 An insurance organization without a lodge system with ritualistic form of work, and without a supreme governing body with subordinate lodges or branches, into which members are elected, initiated and admitted in accordance with its prescribed ritualistic ceremonies, and which subordinate lodges hold regular meetings at least once each month, cannot qualify to do business as a fraternal insurance association under (Sections 6305-6306, Revised Codes of Montana, 1935) the laws of the State of Montana. February 19, 1941
19- 28 Where Sheriff occupies living quarters in county jail, the redecorating and renovating same is not a lawful charge against county. February 19, 1941
19- 29 A Sheriff has no statutory right to act as a Stock Inspector. February 19, 1941
19- 30 Either an initiative measure or a referendum measure may be drawn for the purpose of levying a tax and issuing bonds to erect buildings at Montana State College and North Montana College in the same bill or act, under the decision of State ex rel Bonner v. Dixon, et al., 59 Mont. 58, 195 Pac. 841, and taking into consideration the requirements set forth in Herrin v. Erickson, 90 Mont. 259, 1 Pac. (2nd) 296. February 20, 1941
19- 31 County Commissioners are not authorized to expend funds for drainage project unless such power is expressly conferred or necessarily implied from other powers granted. February 21, 1941
19- 32 Compensation and mileage of Board of County Commissioners and as County Welfare Board to be paid from County General Fund. Necessary mileage to attend said meetings to and returning from the county seat and his residence shall be allowed in the sound discretion of the Board. February 21, 1941
19- 33 Board of High School Trustees may make reasonable rules and regulations not inconsistent with the Constitution and statutes. Said Board may not exclude youths under twenty-one years of age, on ground they have completed a prescribed four-year course, may not charge tuition of such a youth if he resides in the county where high school is located, and may not include such a student for budget purposes. February 21, 1941
19- 34 Where the county has issued assignment of tax sale certificate to person having no equitable or legal interest in the real estate at the time of taking the assignment, redemption may be made only by paying amount for which the land was struck off to the county, with penalty and interest, together with subsequent taxes, if any, paid by the purchaser or his assignee, with interest thereon at eight per cent per annum from date of such payment. The county may make no refund. February 24, 1941
19- 35 Any corporation, society, order, mutual life association or voluntary association, whose membership (policyholder) is limited to the members of a lodge system with ritualistic form of work and representative form of government, which makes provisions for the payment of benefits in accordance with Section 6309, and which lodge system conforms to requirements of Section 6306, Revised Codes of Montana, 1935, could qualify under proposed amendment to Senate Bill Number 105. February 26, 1941
19- 36 1. Under House Bill No. 10, all funds remaining in Foresters' Cooperative Work Fund, as of July 1, 1941, should be transferred to the General Fund. 2. All slash disposal funds remaining on hand on July 1, 1941, should be transferred to the general fund, certain portions thereof, however, being impressed with a trust in favor of persons entitled to refunds. 3. Federal funds granted to assist the State Forester fire prevention remaining on hand July 1, 1941, should not be transferred to the General Fund, as such moneys are accepted by the State in trust for the purposes granted. March 3, 1941
19- 37 1. A fisherman going upon privately owned land for the purpose of fishing with rod and line is as much a trespasser as if he went upon the land for any other purpose, and may be held responsible in a civil action for the damage actually committed. 2. There is no statute of Montana making it a criminal offense to go upon the property of another for the purpose of fishing, even though the land be posted with a sign, "No Fishing. March 4, 1941
19- 38 A continuation bond given in pursuance to express provisions of the original bond, for consideration, has the effect of renewing the original and is binding on both parties, with same force and effect as the original. March 4, 1941
19- 39 1. The board of county commissioners has no authority to vacate the plat of an addition to a city. 2. Where a plat of an addition to a city has not been approved by the mayor and a majority of the city council such addition is not under jurisdiction of city council. March 4, 1941
19- 40 Where Governor makes appointment of members to State Board of Education to fill vacancy during recess of Senate, such appointee holds office until next meeting of Senate. Section 7, Article VII, Constitution, controls over Section 831, in case of conflict office becomes vacant at that time. Any confirmation by Senate on such appointment where Governor has not submitted a nomination has no legal effect, and is futile. March 6, 1941
19- 41 State may grant easement for right of way across state lands for public use. March 7, 1941
19- 42 Any person having an equitable or legal interest in real estate, heretofore sold to county for delinquent taxes, may redeem same from such sale by paying original taxes without penalty and interest if redeemed before May 31, 1942, except tax sales before 1937. March 14, 1941
19- 43 Workmen and employer may waive provisions of Section 2917, Revised Codes of Montana, and enter into a mutual contract for medical and hospital services under Section 2907, Revised Codes of Montana, 1935, but such contract must provide for both medical and hospital services for injury and sickness. Workmen may not enter into contract for medical services and still be entitled to hospitalization under Section 2917, Revised Codes of Montana, 1935. March 14, 1941
19- 44 A teacher, a member of the Teachers' Retirement System, who teaches even for a limited period of time in the public schools of Montana so that no continuous absence of more than three years intervenes, preserves her membership and prior service rights. March 14, 1941
19- 45 "Cease and Desist" Proceedings under Unfair Practices Act are civil proceedings and court costs and fees must be paid as in other civil cases. March 17, 1941
19- 46 The reduction of rate of interest on warrants provided by House Bill No. 22, Laws of 1941, which amends Sections 4625 and 4753 of the Revised Codes of Montana, 1935, does not apply to school district or irrigation district warrants. March 17, 1941
19- 47 A. The plaintiff is the particular person designated under the Act cited to make the affidavit; and he, and no one else, can make it. B. An affidavit merely stating defendant is not in military service is a mere conclusion and is insufficient for any purpose under the Act cited. The affidavit must set forth facts showing the defendant is not in military service. C. An affidavit based on information and belief is insufficient for any purpose under the Act cited. The plaintiff must file in court an affidavit setting forth facts showing the defendant is not in military service. If unable to file such affidavit, plaintiff shall, in lieu thereof, file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. March 17, 1941
19- 48 A. The Board of County Commissioners is without authority to make expenditures of money from the general fund of the county with which to pay, or partly pay, the salaries of predatory animal hunters and trappers, either as a county project or in a joint project with others. B. The gopher destruction fund or the insect pest fund cannot be established to cover predatory animals and the moneys of these two funds used for the payment of salaries of hunters and trappers to control coyotes and other predatory animals. March 18, 1941
19- 49 Projects sponsored under Chapter 85, Laws of 1939, prior to March 15, 1941, may be completed after that date and levy to retire warrants issued may be made at any time thereafter. March 18, 1941
19- 50 Cities or towns or other subdivisions of the State of Montana may not require a license or fee from barbers or barber apprentices before they may practice their occupation or trade. Chapter 150, Laws of 1939, expressly prohibits any such license or fee. March 19, 1941
19- 51 1. A public officer who failed to file a properly attested oath of office as provided by Section 432, Revised Codes of Montana, 1935, did not ipso facto his office. 2. Filing of oath of office prior to assuming the duties of the office is mandatory. 3. Provisions of Section 432, Revised Codes of Montana, 1935, are directory only. March 19, 1941
19- 52 The Board of County Commissioners is without authority of law to make expenditures of money from the general fund of the county with which to pay or partly pay the salaries of predatory animal hunters and trappers, either as a county project or in a joint project with others. March 19, 1941
19- 53 Teachers in schools conducted, controlled and financed by United States Fort Peck Dam Reservation under Fort Peck Recreational Association, which schools are now within and a part of School District No. 21, Valley County, Montana, automatically become member of Teachers' Retirement System, but no prior service certificate may issue. March 19, 1941
19- 54 Qualified elector of school election to create or increase any indebtedness of a school district must be citizen of the United States, 21 years of age or over, resident of state one year, of school district thirty days immediately preceding election, registered to vote, taxpayer in district and one whose name appears upon the last preceding completed assessment roll of the county for state, county and school taxes, and if convicted of a felony, must have been pardoned. March 20, 1941
19- 55 Where County Treasurer assigns tax sale certificate without collecting full amount due county, he may at any time proceed to collect balance due from assignee and upon redemption such amount is due county. Assignee is entitled only to amount he paid county plus interest thereon from date of assignment to date of redemption. March 21, 1941
19- 56 Office of Under-sheriff is not incompatible with office of City Councilman and both offices may be held by one person. March 22, 1941
19- 57 Playing of the game known as "BINGO" (commonly called "KEENO" or "SCREENO," etc.) for a prize or gift at theatres during certain nights of the week constitutes a lottery or gambling under the laws of Montana. March 24, 1941
19- 58 County Commissioners, under Chapter 171, Laws of 1941, may--after appraisal--order tax deed lands sold at public auction. Notice of sale must be published and posted. Where lands do not sell at such public auction, Board may then sell at private sale at not less than 90% of the last appraised value. Then in the event land cannot be sold, Board may again both appraise and readvertise and sell at public auction and if not sold, may sell at private sale at not less than 90% of this last appraised value or may lease for farming, grazing, or for oil and gas, or may exchange the same, as determined by the Board to be for the best interests of the county. March 24, 1941
19- 59 County Commissioners may not limit time spent by County Surveyor on permanent records pursuant to Section 4837, Revised Codes of Montana, 1935, and County Surveyor is entitled to compensation at the rate of $7.00 per day for such work. March 325, 1941
19- 60 Where a person pays hail insurance premium, subsequent compromise of such indebtedness with Board of Hail Insurance, where fact of such prior payment is not disclosed to Board, is invalid. March 26, 1941
19- 61 1. County Treasurer, while seizing and selling personal property for taxes, is entitled to mileage at the rate of seven cents per mile. 2. Constable is entitled to the same mileage as sheriff and may collect seven cents per mile. March 26, 1941
19- 62 A contract between a woman teacher in the public schools and Board of Trustees which contains a provision terminating the contract in the event of the woman teacher's marrying during the term is valid, binding and legal, and not in restraint of marriage. Overruling Opinion NO. 273 of Volume 15, Official Opinions of the Attorney General. March 27, 1941
19- 63 (1) A county or other political sub-division may not sponsor new projects under Chapter 143, Laws of 1941, (House Bill 337) prior to July 1, 1941. (2) Such political sub-divisions may levy taxes after March 15, 1941, to retire warrants issued under Chapter 85, Laws of 1937, as amended, to complete projects sponsored prior to said date, providing said taxes so levied to not exceed the maximum levy provided under said Chapter 85. (3) Such political sub-division may submit new projects to the Federal Agency prior to July 1, 1941, but may not become sponsors thereof until after said date. March 27, 1941
19- 64 Preferential right, privilege or permission to taxpayer to purchase from county under Chapter 181, Laws of 1939, being repealed in toto by Chapter 171, Laws of 1941, such preferential right under Chapter 181 expired by the repeal. Such right is not a vested right. Taxpayer or successor in interest may now repurchase at any time before date fixed for sale ONLY. March 28, 1941
19- 65 County Treasurer, performing duties of his office, is required to collect personal property taxed not a lien on real estate immediately or by seizure and sale. Procedure adequate therefore exclusive. No penalty and interest provided by law as none will accrue in event County Treasurer performs his duty; and in event he does not, through wilful failure and neglect, he and his sureties are liable on his official bond. March 31, 1941
19- 66 Under the provisions of Chapter 102, Laws of 1939, moneys derived from the sale of pelts and skins of predatory animals should be placed back in the district advisory board's "special grazing fund," thereafter to be used to continue its program against predatory animals and/or for other range improvements as the advisory board may approve, in accord with the provisions of Chapter 102, Laws of 1939. March 29, 1941
19- 67 It is compulsory for City School Districts to comply with Workmen's Compensation Act, Plan No. 3. April 1, 1941
19- 68 Mortgagee is not entitled to purchase from county tax deed land as taxpayer or as successor in interest. Tax deed cuts off mortgagee's lien. In event date of sale has been fixed, such date determines preferential right to purchase (Paragraph 1, Chapter 171, Laws of 1941). April 2, 1941
19- 69 Where State Water Conservation Board has acquired lands which the Board has now determined are no longer needed for the purpose of the Act, then the Board may sell, lease, rent or lease for oil and gas production. April 3, 1941
19- 70 Where irregularities or deficiencies in connection with the appointment or qualifications of election clerks occur, such persons are, if acting under color of authority, entitled to compensation. April 4, 1941
19- 71 Where Deputy Sheriff is discharged from office, he may recover compensation for the time actually served and no longer. April 5, 1941
19- 72 Rate clerk of Railroad Commission is not an "assistant" within the meaning of the term as employed in Chapter 92 of the Laws of 1941. April 5, 1941
19- 73 Commissioner of Agriculture has power and authority to investigate the practice and methods of anyone who receives, buys, sells, or otherwise deals in vegetables, such as sugar beets, and the practice and methods of taking of dockage and tare in such industry. April 7, 1941
19- 74 Where, under Chapter 27 of the Laws of 1929, no moneys are available or appropriated to pay the additional bond required of the Commissioner of Agriculture, and no operations are being conducted under such act, such bond need not be furnished. April 7, 1941
19- 75 County Commissioner appointed as liquor vendor may hold both the office of County Commissioner and the position of liquor vendor, where County Commissioner performs his duties fully and faithfully as such County Commissioner. April 8, 1941
19- 76 Board of County Commissioners, contracting for more water or water rights than are actually needed and required and which can be beneficially used upon land owned by the county or land which is under the jurisdiction of boards of county commissioners, would be acting in excess of its authority, and to such extent act would be unlawful. April 8, 1941
19- 77 Rate of interest on county high school warrants is not affected by Chapter 15 of the Laws of 1941, reducing interest on county warrants. April 9, 1941
19- 78 Coroner may hold an inquest only when he has reasonable ground to suspect death was caused by suicide or was the result of an act of another by criminal means. April 9, 1941
19- 79 Lands under condemnation proceedings may be taxed until property actually vests in tax exempt ownership. April 14, 1941
19- 80 Unless land acquired for national forest purposes has been included by law or executive order within exterior boundaries of such forest or within six miles thereof, regulations governing grazing of livestock in national forests cannot be enforced. April 15, 1941
19- 81 Where activities of Board of Railroad Commissioners and Oil Conservation Board are correlated in certain regulatory powers, Oil Conservation Board may pay mileage and expenses of Railroad Commission employee pursuing investigation under such regulatory powers. April 16, 1941
19- 82 Public has right to inspect tract indices maintained by county during office hours of County Clerk and subject to reasonable regulation. April 16, 1941
19- 83 A widow of a deceased fireman, under the provisions of Section 5134, Revised Codes of Montana, 1935, as amended by Chapter 73, Laws of 1939, is entitled to a pension as provided therein, if she meets the qualifications as therein provided, regardless of the date of the death of such fireman. April 16, 1941
19- 84 Second cousins not within degree of relationship prohibited by Section 456.2 of the Revised Codes of Montana, 1935 (Nepotism Act.). April 17, 1941
19- 85 Under Chapter 208, Laws of 1939, Grazing Associations, operating under former laws, need only to amend properly their articles of incorporation and by-laws within the six months from the passage of the Act; and the filing thereof, together with the certificate of approval, with the Secretary of State and County Clerk need not be done within such period. April 18, 1941
19- 86 Where application was made to county by assignee of former owner on March 15, 1941, to purchase lands taken by county on tax deed and applicant had performed all requirements of Chapter 181, Laws of 1939, and nothing was left to do but ministerial duty of Board to execute contract of sale, said purchaser was in time and entitled to contract. April 21, 1941
19- 87 State Park Fund, created under Section 5, Chapter 48, Laws of 1939, may be expended for purposes designated without biennial appropriation, and is not abolished by Chapter 14, Laws of 1941. April 21, 1941
19- 88 Term "trust funds," as used in House Bill No. 380, Laws of 1941, in connection with State Forester appropriation, includes special funds consisting of Foresters' Cooperative Work Fund, Slash Disposal Funds and Federal Funds. April 21, 1941
19- 89 Net proceeds tax, being personal property tax, it therefore follows that penalty and interest thereon may not be collected. April 21, 1941
19- 90 All preferential rights under Chapter 181, Laws of 1939, were extinguished by repeal. Where lands were offered for sale and not sold, and county now offers same land at second sale, the second sale is not "such sale" as defined by Chapter 171, Laws of 1941. April 21, 1941
19- 91 Third class school district trustees, after submitting the question of removing school and school building to electors of district, when a majority of electors voting at such election favor removal, must carry out mandate of people and do not have any discretion in the matter. The statute is mandatory. Such site cannot again be changed within three years, except on advice of County Superintendent of schools and County Health Officer. April 24, 1941
19- 92 Violations for failure to have license and display license plates on motor vehicle should be prosecuted under the provisions of Chapter 73, Laws of 1941. April 24, 1941
19- 93 Every motor vehicle of the types required to be licensed, under the laws of this State, which shall enter the State with proof of evidence that it has paid a license fee for the ensuing year, under the laws of some other state or foreign government, shall immediately after entering the State of Montana obtain a license at the first county seat for operation in this State, unless the owner is operating the motor vehicle on a regularly scheduled route, in which case he is permitted to register his vehicle and secure his license therefor in any county through which said motor vehicle passes in its regularly scheduled route. April 24, 1941
19- 94 The owner of any motor vehicle used in the public transportation of persons or property shall be required to pay registration fees in accordance with the provisions of Section 1760, Revised Codes of Montana, 1935, as amended by Section 1, Chapter 138, Laws of 1937, and Section 1, Chapter 125, Laws of 1939, save and except as to government-owned vehicles which--under said provisions-- are exempt from the payment thereof. April 24, 1941
19- 95 Where special improvement assessments are levied before county takes tax deed, the special assessments against the said property, where property is sold by county to individual. No opinion is expressed herein under same facts where county continues to own the property. April 23, 1941
19- 96 A person may inspect records of Liquor Control Board for the purpose of securing information which he sells for profit, subject to reasonable regulations governing the right to inspect. April 25, 1941
19- 97 The registrar of motor vehicles shall furnish information concerning his records upon the payment by the applicant of the costs of transcribing the information requested. April 25, 1941
19- 98 1. The State Department of Public Welfare has authority to accept custody of dependent child when awarded by a court. 2. The court may authorize the Director, Consultant, or any worker of the Division of Child Welfare Service to consent to the adoption of a dependent child, custody of whom has been awarded by the court to the State Department of Public Welfare. April 25, 1941
19- 99 The County Treasurer is without authority to issue a permit to owners of caravanning cars from foreign states; the owner thereof must register the vehicle and secure a license therefor before he may be permitted to drive the same upon the highways of the State of Montana. April 25, 1941
19- 100 Newly elected county officers whose terms of office begin on the first Monday in January are entitled only to salaries for said month at the annual rate for the actual number of days served in such month. The retiring county officer is entitled to salary for the number of days served in the month of January in which his term ends, at the annual rate. April 25, 1941
19- 101 Property being used as a place for actual religious worship is exempt from taxation. Otherwise it is not. April 25, 1941
19- 102 In determining who is the "lowest and best responsible bidder" the County Commissioners must consider not only amount of bid, but also business judgment, capacity, skill, responsibility of bidder, and quality of machinery to be furnished, as well as its adaptability to particular use required. April 26, 1941
19- 103 The County Treasurer is without authority to appoint a deputy for the purpose of issuing licenses for motor vehicles entering the State of Montana at the point of entry. April 28, 1941
19- 104 Cost or treating trees, shrubs, vines, etc., on property of a county, under Section 3617, Revised Codes of Montana, 1935, as amended by Chapter 86, Laws of 1939, is a proper charge against such a county. April 29, 1941
19- 105 Any officer authorized by statute to take or certify acknowledgment of an instrument may certify acknowledgments of transfer of title certificate under Chapter 72, Laws of 1937. April 29, 1941
19- 106 An applicant for general relief assistance is entitled to a relief grant pending an appeal, if it is self-evident from the evidence that he is in need of immediate assistance. April 30, 1941
19- 107 Notice of application for tax deed should contain original tax, penalty and interest as separate items, with notice that any person having an equitable or legal interest in the real estate may redeem from the tax sale at any time before tax deed is taken by paying the original taxes only. May 2, 1941
19- 108 Under Chapter 165, Laws of 1941, County Commissioners may make levy at December meeting of any year to take effect January 1st of the following year, such poor tax to be collected by Treasurer at same time he collects tax on other property. May 6, 1941
19- 109 1. A Fire Department Relief Association may provide by its By-Laws for leaves of absence for military service and that time spent in such service may be considered as "active duty" in determining eligibility for pension benefits. 2. The provisions of Chapter 150, Laws of 1941, apply to members of fire departments and fire department relief associations. May 7, 1941
19- 110 Appropriation Items two and three under Section 2 of House Bill No. 174, Laws of 1941, intended to provide for partial salary restoration of reductions made in 1933 and also adjustments of salaries for all other teaching staff positions and clerical positions. May 7, 1941
19- 111 The furnishing of transportation or service in lieu thereof is in the first instance in the discretion of the Board of Trustees and is not mandatory. In event Board of Trustees determines to furnish transportation, then it becomes mandatory that it provide a budget to cover the same. It then becomes mandatory for the Board of County Commissioners to make such levy or levies as may be necessary. May 7, 1941
19- 112 Under the provisions of Chapter 165, Laws of 1941, the per capita poor tax may not be levied during the year 1941 until December, to be effective and collectible in January, 1942. May 7, 1941
19- 113 The Board of County Commissioners is without authority to furnish gopher poison purchased out of the fund denominated "gopher destruction fund" free of charge, but the same must be furnished at actual cost. May 7, 1941
19- 114 Under Section 1805.88, Revised Codes of Montana 1935, as amended, right of removal of improvements was given to holders of uncancelled certificates of purchase of state lands as of March 17, 1939. May 12, 1941
19- 115 The Board of County Commissioners shall have the power, under the provisions of Section 4875, Revised Codes of Montana, 1935, to fix the compensation allowed the Undersheriff and Deputy Sheriff, provided the salary of either shall not be more than 80% of the salary of the Sheriff. May 19, 1941
19- 116 The operator of a restaurant licensed by the State Board of Health under the provisions of 2589, Revised Codes of Montana, 1935, is also required to purchase a license of the State Board of Food Distributors under the provisions of Chapter 49 of the Laws of 1939. May 19, 1941
19- 117 An officer returning a prisoner, who has waived extradition, is not entitled to mileage or expenses incurred outside of the territorial limits of the state. The only expense that may be allowed is for conveying the prisoner from the state line before the magistrate issuing the warrant. The expense thereof is proper charge against the county. May 19, 1941
19- 118 The State Board of Forestry may not promulgate regulation contravening statute. May 19, 1941
19- 119 Trade checks are not to be used in playing the games permitted by Chapter 153, Laws of 1937, but are only the rental value of the tables maintained, as the games are to be played only for amusement and pastime. Betting at or against such games is strictly prohibited. May 20, 1941
19- 120 Liability insurance certificate running to abstracter cannot be accepted in lieu of bond or securities required of abstracter under Section 4139.13 of the Revised Codes of Montana, 1935. May 22, 1941
19- 121 Amounts due various separate political units need not be carried in separate accounts at depository if identity is maintained on custodian's books to avail such funds of F.D.I.C. coverage. May 23, 1941
19- 122 County is not obliged to deliver actual possession to purchaser of tax deed land on contract. May 23, 1941
19- 123 Cricket, rodent and predatory animal control and equipment for fire control on range are range improvements, authorizing the expenditure of moneys by the District Advisory Board under the Taylor Grazing Act for such purposes. May 23, 1941
19- 124 Requirements of Public Welfare Act to be met by County requesting a grant in aid pointed out. May 24, 1941
19- 125 1. Coroners should be allowed seven cents for each mile actually traveled in the performance of any duty. 2. Probation officers should be allowed their actual and reasonable traveling expenses not to exceed five cents per mile. May 26, 1941
19- 126 Hours of opening and closing of state and county offices prescribed by Sections 453 and 4736, Revised Codes of Montana, 1935, refer to Rocky Mountain Standard Time and are not affected by local municipal adoptions of daylight saving time. May 26, 1941
19- 127 The State is without jurisdiction or authority to compel an Indian residing upon his Indian allotment within the boundaries of the Crow Indian Reservation to send his child or ward to the public school. May 27, 1941
19- 128 The cost of medical examination under Chapter 5, Laws of 1941, is to be paid by the State Department of Public Welfare from the appropriation made to the Department under House Bill 354, Laws of 1941. Wording of Certificate of Examination suggested. May 27, 1941
19- 129 The Crippled Children's Division of the State Department of Public Welfare may not provide for payment of salaries of employees while on furlough or leave of absence as provided by Chapter 47, Laws of 1941, because no statutory authority exists therefor. May 28, 1941
19- 130 The amendments to Section 12297, Revised Codes of Montana, 1935, as set out in Chapter 26 of the Laws of 1941, merely change the name of the institution referred to in Section 12297 from a "detention home" to a "youth home," and reduce the personnel of the institution from the plural to the singular so that the position of superintendent and matron shall be filled by one person who is qualified under the Act, i.e., a suitable and discreet person qualified for the teaching of children. May 28, 1941
19- 131 County High School Trustee is entitled to seven cents per mile for every mile necessarily traveled from his place of residence to place where high school is located, and return, in attending meetings of board as provided by Section 1262.8, Revised Codes of Montana, 1935, said section not being repealed by Chapter 211, Laws of 1941. May 28, 1941
19- 132 Scales used for weighing purposes at the place where a corral and chute are constructed are "range improvements" referred to in Chapter 102, Laws of 1939, and funds provided under said Act may be expended in the purchase thereof. May 28, 1941
19- 133 Transfer of surplus moneys in poor or bridge funds of county may be made to road fund at the end of the fiscal year. May 31, 1941
19- 134 Terms of contract between county commissioners and county physician for medical care and hospitalization of poor interpreted, and held not exclusive as to Old Age Assistance recipients. June 2, 1941
19- 135 If the Governor deems it necessary, any appointed fiscal agency of the state may be required to give bond to the State of Montana in such amount as the Governor may prescribe, approve and deem sufficient to insurer the safety and prompt payment of all funds deposited with such agency. If the fiscal agency refuses to give the bond when required by the Governor so to do, the Governor may change the fiscal agency. June 4, 1941
19- 136 The board of county commissioners has the power, under the provisions of Section 4874, Revised Codes of Montana, 1935, to fix the compensation allowed any deputy or assistant under the Act--provided the salary of no deputy or assistant shall be more than 80% of the salary of the officer under whom such deputy or assistant is serving--and is precluded under the provisions of Section 4873 from fixing the compensation allowed such deputy or assistant at a rate less than that provided for in said last named section. June 4, 1941
19- 137 Where proper application is made by parent or guardian, or where pupils is in State Institution, it is mandatory for County Superintendent to authorize same and to take same into consideration in budget and to notify County Treasurer. County Treasurer must transfer funds. June 6, 1941
19- 138 Appropriation was provided for the following specific purposes: 1. For fully restoring the wage decreases of 1933. 2. For adjustment of the hours of days of work of the employees who were working a seven-day week to a six-day week. 3. To employ additional employees to perform the work resulting from the shortening of the above work week. June 6, 1941
19- 139 The appropriation made for grants to counties must be apportioned by the State Department of Public Welfare to all counties of the State in inverse proportion to the taxable valuation per capita with county population as shown by the 1940 census, exclusive of Indians. The apportionment should be made at the beginning of the fiscal year and counties notified of the share apportioned in time for consideration of their budgets. June 9, 1941
19- 140 Expenses of Commissioner of Insurance and deputies incurred under Section 166, Revised Codes of Montana, 1935, are not limited by the provisions of Chapter 92, Laws of 1941, but an account of such expenses should be made to the Board of Examiners for their approval as to reasonableness. June 9, 1941
19- 141 The legal requisites necessary to charge the offense of operating a lottery under the provisions of Section 11149, Revised Codes of Montana, 1935, are the offering of a prize, the awarding of the prize by chance, and the giving of a consideration for an opportunity to win the prize. June 13, 1941
19- 142 Under Chapter 109, Laws of 1941, oil and gas leases in existence on or before July 1, 1941, may be extended (as provided in said Chapter) where production is had within limits of original lease and where oil and gas are produced in commercial quality and quantity, although product is temporarily unmarketable. June 13, 1941
19- 143 Bonds of City Housing Authorities are not acceptable as security for deposit of public funds. June 18, 1941
19- 144 Section 4873 of the Revised Codes of Montana, 1935, prescribes the minimum compensation allowed to any deputy or assistant designated under the act, and Section 4874 prescribes the maximum compensation allowed, when it is not otherwise definitely fixed by the provisions of Section 4873. June 19, 1941
19- 145 The Filipino is entitled to an alien's fishing, hunting or trapper's license. June 19, 1941
19- 146 In localities where there is no sheriff or deputy sheriff, and where there is need for the inspection herein required, a deputy sheriff shall be appointed, and shall be authorized by the Board of County Commissioners of the County to make such inspections, and he shall be PAID FORM THE APPROPRIATE COUNTY FUND therefor a fee of not to exceed twenty-five cents (25c) for each beef hide inspected, and a fee not to exceed ten cents (10c) for each veal hide inspected. Except as provided, no fee shall be charged or paid for such inspection. June 23, 1941
19- 147 In the absence of statutory authority, the State Board of Medical Examiners may not exact a fee from licensed physicians and surgeons for privilege of re-registering and recording such re-registrations. June 23, 1941
19- 148 The State Board of Medical Examiners may not revoke the certificate of a physician and surgeon without a hearing upon a complaint, delivered to said Board as provided by Section 3119, Revised Codes of Montana, 1935. Proceedings for revocation of certificate may not be initiated by the Board. June 23, 1941
19- 149 1. The State of Montana has no jurisdiction over criminal offenses committed within the boundaries of Glacier National Park. 2. A physician practicing his profession within the boundaries of the Glacier National Park without a certificate from the State Board of Medical Examiners is not violating the Medical Practice Act. 3. Whether a physician regularly licensed to practice in this state violates the Medical Practice Act by contracting with a physician not so licensed would depend upon the provisions of the particular contract and the objects sought to be accomplished. June 23, 1941
19- 150 Where insufficient moneys from tax levy are on hand to retire maturing state bonds, overdraft cannot be created in order to make up deficit. June 24, 1941
19- 151 Chapter 141, Laws of 1941, changing qualifications of three memberships of State Forestry Board, does not require appointment of the four remaining members constituting the full seven membership board. June 25, 1941
19- 152 Deputy sheriff, appointed under Section 3298.18, Revised Codes of Montana, 1935, as amended by Chapter 78, Laws of 1941, performs functions of the sheriff insofar only as they pertain to inspection of hides, etc. He performs no other functions of the sheriff and is therefore limited to the compensation provided for in Section 2 thereof; and, while the board of county commissioners has no power to decrease the compensation of regular deputies of county officers fixed by Section 4873, Revised Codes of Montana, 1935, it has discretion--under Section 4874, Revised Codes of Montana, 1935--to fix the compensation of extra deputies appointed for temporary service at any rate it may deem expedient, provided it does not exceed the rate paid the regular deputies. June 26, 1941
19- 153 Under Chapter 90, Laws of 1941, primary duty of weed control and extermination on state and federal highway rights-of-way rests on State Highway Commission, but is proper charge of county against State Highway Commission, if that body fails to perform such duty within said control districts. June 30, 1941
19- 154 All county highway and bridge machinery, machinery and equipment and tools to be used on highways and bridges are purchased subject to the approval of and by contract executed by the board of county commissioners under the restrictions and conditions contained in Chapter 42, Laws of 1941. July 1, 1941
19- 155 A member of the State Legislature may not be appointed as a member of the State Soil Conservation Committee during the term for which he was elected as a member of the Legislature. July 1, 1941
19- 156 The only deductions from the motor vehicle license fund are: 1. The pro rata expense of the operation of the motor vehicle department of the State of Montana, by the registrar, to each county in proportion to the number of cars in each county. 2. 50% of net fees of owners residing within incorporated city having 35,000 population or more according to 1930 federal census. 3. All the balance to be turned over to county treasurer to be used for construction, repair and maintenance of public highways in county, excluding federal and state highways, also city streets forming component parts of arterial highways within the incorporated cities of less than 35,000 population. July 1, 1941
19- 157 A refund from the state to a county of fees collected for title applications for motor vehicles should be placed to the credit of the road fund and disposition made thereof in conformity with the provisions of Section 1760, Revised Codes of Montana, 1935, as amended by Chapter 125, Laws of 1939. July 1, 1941
19- 158 Where the county has taken tax deed to all the land within the limits of a townsite, nevertheless the county should present a petition for abandonment as required by Section 5308, Revised Codes of Montana, 1935, and proceed to act thereon according to the requirements of said section, so as to give good title and legal description to the lands. Where one lot is owned by an owner who will not join in a petition, then procedure must be by petition to District Court. July 9, 1941
19- 159 The board of county commissioners of a county has no power or authority to enter into an agreement with butchers, meat peddlers and/or packers whereby the latter would reimburse the former a specified portion, or any portion whatsoever, of the fees collected by a deputy sheriff appointed under the provisions of Section 2 of Chapter 78, Laws of 1941. July 3, 1941
19- 160 The Nepotism Act applies to the hiring of school teachers. A contract appointing a wife of a member of the school board as a teacher is void. The Nepotism Act does not provide for any exemptions for occasional work. Therefore, the appointment by the school board of the wife of one of its members to do occasional teaching is prohibited by the act. July 3, 1941
19- 161 The county surveyors of all counties having a total registered vote of fifteen thousand (15,000) or over at the last general election shall have exclusive jurisdiction to purchase and secure all highway and bridge machinery and machinery, equipment and tools to be used upon highways and bridges with the approval of the boards of county commissioners, and purchase and secure all highway, bridge and causeway supplies and materials with the approval of the board of county commissioners. July 7, 1941
19- 162 Personal property held by trustee is assessable and taxable in the county where the personal property is located. The situs of the personal property controls. July 7, 1941
19- 163 1. A sheriff, when delivering prisoners to state's prison or reform school, or insane persons to insane asylum, whether by rail or automobile, is entitled to actual expenses necessarily incurred, without regard to rate of mileage, including the personal expenses of the sheriff in going and returning. Expenses allowed a sheriff for delivering prisoners to state's prison are paid from state funds, and the sheriff is not entitled to charge like expenses to the county for the same service. In addition to the ordinary expenses, the sheriff--when using his own automobile--is entitled to receive a sum for maintenance and depreciation based on a reasonable rater per mile. July 9, 1941
19- 164 Under the terms of a bond required by statute to be given by wholesale dealers in produce, the form of which by statute is fixed by the Commissioner of Agriculture, providing for cancellation by the surety upon written notice, such cancellation is binding. July 8, 1941
19- 165 Boards of School Trustees--after determining to furnish transportation--may furnish transportation to eligible pupils of the district to their own district school, or may furnish transportation to another district, or furnish rent, room and board--whichever they determine for the best interest of the pupils of the district. July 9, 1941
19- 166 Where county and city join in establishing, etc., an airport and landing field as joint venture, county may assess and levy tax up to 1/2 mill under Section 4444.3, Revised Codes of Montana, 1935; city may assess and levy up to one mill under Chapter 54, Laws of 1941, Section 4. July 10, 1941
19- 167 After June apportionment to each district maintaining a high school, any amount remaining in county-wide "high school tax levy fund" shall be reapportioned among high school districts and county high schools which have not received full amount; but no such district or county high school shall receive any amount in excess of the budgeted amount required from said fund. Any amount remaining shall remain in the high school tax levy fund. July 12, 1941
19- 168 The charge of five dollars for a license issued under the provisions of Section 3760, Revised Codes of Montana, 1935, is mandatory and must be complied with. July 15, 1941
19- 169 Employees of the Forest Service of the United States government--other than officers--are not included within the provisions of Section 3685 of the Revised Codes of Montana, 1935, and receive no benefits thereunder. The benefits thereof accrue only to officers, soldiers, sailors and marines of the United States Army, Navy or Marine Corps, as well as to officers of the Forest Service and of the Biological Survey of the United States Department of Agriculture. July 16, 1941
19- 170 The Registrar of Motor Vehicles is required to file all mortgages or liens given by a record owner of a vehicle. The Registrar of Motor Vehicles cannot require the certificate of title to accompany the mortgage or conditional sales contract given by a legal owner to be recorded. The Registrar of Motor Vehicles is required to issue new certificate of title to person lawfully acquiring title to vehicle through foreclosure of a lien for storage and repairs. July 16, 1941
19- 171 Lessee of state lands is entitled to due and timely notice by party receiving grant of easement and said lessee is entitled to any damages resulting to his improvements or crops or his leasehold interest. July 16, 1941
19- 172 The owner of a motor vehicle who has registered the same in any one year is not entitled to re-register the same the following year for one-half the fee, even though he has not used it for the first six months of the following year. July 16, 1941
19- 173 Under Section 5039.32, Revised Codes of Montana, 1935, a city or town council is authorized and empowered to declare and define a public nuisance. July 16, 1941
19- 174 Clerk and Recorder is entitled to charge one dollar for each mining claim listed on the affidavit of annual labor which is being filed pursuant to Chapter 87, Laws of 1941. July 16, 1941
19- 175 Cities and towns which are subdivisions of the state are exempt--under the provisions of Section 4893, Revised Codes of Montana, 1935--from the payment of fees for any official service rendered them. July 16, 1941
19- 176 Under Section 5 of Article XVI of the Constitution of Montana, as amended at the general election held November 8, 1939, p. 727, Laws of 1939, a County Treasurer can only serve one term of four years, and that is so whether the office be individual or consolidated with some other offices. July 16, 1941
19- 177 Bond issue of dissolved rural school district may be paid off only from money raised by the county commissioners' levying taxes upon all property located within the territory which formerly constituted the rural school district and not from school funds raised for other purposes. July 16, 1941
19- 178 No bulls except purebred bulls may be turned on to the forest reserve and these only between July 1st and December 31st, of each year, regardless of the ownership of the bulls. July 16, 1941
19- 179 No fees must be charged the state, or any county, or any subdivision thereof, for official services rendered. All such services must be performed without payment of fees. July 17, 1941
19- 180 A member of the Montana State Board of Dental Examiners is entitled to the sum of fifteen ($15.00) dollars per day for time spent while traveling to and from a board meeting as provided by law, provided, of course, the travel is in the ordinary course and is by direct route to and from the said board meeting. July 17, 1941
19- 181 Boards of county commissioners shall use only the uniform form--prepared by State Board of Equalization--in selling on terms county tax deed lands. Counties may reserve not to exceed 6 1/4% royalty interest in oil, gas, and minerals produced and saved from said lands. The reservation clause furnished and provided by the State Board of Equalization is in accordance with the provisions of Chapter 171, Laws of 1941. July 18, 1941
19- 182 Where school has not been held in school district for three consecutive years, and school trustees have not provided transportation by omnibus and bonded driver, county superintendent of schools must abandon such district and attach the territory to contiguous district or districts. July 22, 1941
19- 183 Superintendent of Public Instruction required to file and print list of all school textbooks in his office. Each person, firm, company or corporation, before offering any book or books to any school district shall file a bond, obtain a license, list every book so desired to be sold or exchanged, and file a copy of each book in the office of Superintendent of Public Instruction, except school book companies now under contract to furnish books. In event any company now holding contract desires to offer any school district any book for sale or exchange other than those now specifically contracted for, in that event such company must comply fully with Section 2 of Chapter 138, Laws of 1941, in the same manner as any other person or company, or corporation not now holding any such contract. July 23, 1941
19- 184 A Serialgram Program Club--promoting an advertising plan whereby awards are offered to a person holding a certain certified Serialgram Program number--is a lottery. July 24, 1941
19- 185 Since optometrists are given the right to practice in the state, a public health nurse cannot--by form or advice or suggestion--discriminate between physicians and optometrists, when the examination of the eyes is involved, since that is a matter to be decided by the parents or those in charge of the child. July 26, 1941
19- 186 County Welfare Board may use surplus funds in any available fund not pledged for a particular purpose as a deposit for revolving fund with the State Department of Public Welfare for the purpose of participating in the Surplus Marketing Administration of Food Stamps. July 26, 1941
19- 187 The rights of livestock owners are paramount to those of the motorists when the livestock owners are diving their livestock across the highway between stock crossing signs and it is the duty of the motorist at all times to recognize this right of the livestock owner. Therefore, the motorist must drive his car in a careful and prudent manner when he sees such stock crossing signs, so as not to cause injury to the livestock which are crossing or might cross the highway between the said stock crossing signs. July 28, 1941
19- 188 Commodities or articles of merchandise such as watermelons, pork chops, etc., may be sold by numerical count. July 28, 1941
19- 189 1. A city may not levy a tax under the provisions of Section 1 of Chapter 143, Laws of 1941, unless the project was actually sponsored and under construction prior to March 15, 1941. 2. A city may not levy in excess of three mills on the taxable valuation of the taxable property situated within said city. 3. The total levy made by a county and a city on property situated within the city may not exceed five (5) mills. July 28, 1941
19- 190 Employees of Montana Armory Board are not in covered employment and contributions are not due to the fund on wages paid by said Board to its workers and employees. July 30, 1941
19- 191 The County Welfare Board is responsible for establishing rules and regulations within its sound and reasonable discretion requiring county charges to comply with certain requirements before obligating the county for medical expenses incurred; further, the County Welfare Board cannot delegate to the county physician the authority that should rest with and must be exercised by the Board. July 31, 1941
19- 192 1. Serial bonds may not be sold in denominations smaller than $100.00 and term of bonds must be fixed so as to pay at least that amount annually. 2. Payment on serial bonds must be made each and every year during the term thereof. 3. The right to redeem school district bonds, as set out in the statute, cannot be changed by a vote of the electors. July 31, 1941
19- 193 A Notary Public, taking the acknowledgment of papers not presented to him by the maker and signer of such papers, is liable on his official bond for any damage occasioned thereby--and is also subject to having his commission revoked if the matter is called to the attention of the Governor. July 31, 1941
19- 194 Department of Public Welfare must petition the Pubic Administrator to take charge of the estates when the Public Welfare Department has a claim against the estate of a decedent who dies intestate leaving an estate. July 31, 1941
19- 195 In counties of the seventh class, having less than 2000 population, there shall not be appointed any deputy county officer or deputy designated by any county officer of such county, unless the appointment of such deputy, designating the term of service and compensation thereof, shall be first authorized by the board of county commissioners of such county. August 4, 1941
19- 196 A dairy operating within the confines of any city or town within this state, which manufactures chocolate milk, orange drinks and any other light drinks put in bottles or other containers, is subject to the license tax provided in Section 2436, Revised Codes of Montana, 1935. August 4, 1941
19- 197 A city may not by ordinance impose a license or occupation tax on persons residing outside of certain counties, while exempting from such license residents of such counties engaged in the same business as classified and defined by said ordinance. August 4, 1941
19- 198 The levy provided for by Chapter 143, Laws of 1941, may be made at any time after the project has been sponsored, as therein provided, and the sponsoring body has been authorized to incur the indebtedness and levy the tax. August 6, 1941
19- 199 In the performance of services as mentioned in Section 4916, Revised Codes of Montana, 1935, as amended by Chapter 121, Laws of 1941, within the county, the sheriff is entitled to actual expenses when using the railroad, and to mileage as therein provided when using means of transportation other than railroad. The actual expenses and mileage, as herein mentioned, apply when transporting prisoners from the county jail to District or Justice Court under order of arrest, and before or after trial or conviction. August 7, 1941
19- 200 All printing for which the State of Montana is chargeable, including reports of state officers, state boards, pamphlets, blanks, letter heads, envelopes, and printed matter of every kind and description, save and except certificates of appointment and election to office, shall have the label of the branch of the international typographical union of the city in which they are printed. August 7, 1941
19- 201 A person employed in county work as a common laborer on an hourly or daily basis is employed in a "position of emolument," as that term is used in Section 456.2, Revised Codes of Montana, 1935, and if related to any member of the board of county commissioners within the degree specified in said section may not be employed without violating the Nepotism Act. August 8, 1941
19- 202 The Fish and Game Commission has no authority to permit the hunting of antelope in any county of the state, save and except the County of Chouteau. The Fish and Game Commission has no authority to charge a special fee for the privilege of hunting antelope. The use of the lottery system to determine which hunters shall have the right to participate in a hunt is illegal. August 9, 1941
19- 203 It is necessary for anyone fishing in the portion of the Yellowstone River which is outside of the boundaries of Yellowstone National Park, as such boundaries are defined by the Acts of Congress, to secure a fishing license from the State of Montana. August 9, 1941
19- 204 The fish and game department has the authority to destroy elk which are doing damage to special or private property. August 9, 1941
19- 205 It is not mandatory on the county commissioners to create a weed control or weed seed extermination district. The county commissioners may only consider protest of landowners owning land within the proposed district. August 13, 1941
19- 206 Moneys granted by Indian Department to aid in the education of Indian students should be paid to district or county of residence of Indian student. When such eligible high school student transfers to high school outside county of residence, then apportioned amount per pupil will be transferred, as provided by Chapter 217, Laws of 1939, and Chapter 131, Laws of 1941. When Indian funds have been paid direct to high school district where Indian students have been transferred, the resident county of such Indian student may transfer only such additional funds per pupil as will equal with government grant the amount apportioned per eligible pupil by the superintendent of schools of the resident county as provided by law. August 14, 1941
19- 207 County commissioners do not have authority to erect a hall, auditorium, gymnasium or recreation room when erecting and furnishing a new courthouse. August 18, 1941
19- 208 The use of signs advertising beer, whether by brewer or retailer, is not a violation of Section 2815.51, Revised Codes of Montana, 1935. August 20, 1941
19- 209 The State Department of Public Welfare is under contract obligation to reimburse County Treasurers for any loss of food stamps or money received from their sale, while said food stamps or money so received is in the custody of the Food Stamp Issuing Officer in the County. Food Stamp Agreement follows opinion. August 30, 1941
19- 210 Inasmuch as the state has a direct interest in the outcome of bastardy litigation, the child being a ward of the state, and inasmuch as one-half of the county attorney's salary is paid by the state, it would be against public policy for the county attorney to represent a defendant in such a proceeding. August 20, 1941
19- 211 A bond of a Notary Public or official bonds required to be given by public officers must be countersigned by a resident agent, as provided by Chapter 62, Laws of 1941. August 20, 1941
19- 212 The Oil Conservation Board is not authorized by law to provide building requirements for a crude oil refinery, such as protection of tanks, separate diking of tanks, installation of sewerage systems or regulations for weed control. August 20, 1941
19- 213 The transportation of pupils by school trustees is governed by Chapter 152, Laws of 1941, and by the provisions of that law the school trustees cannot offer transportation facilities to some school children and refuse it to other school children, even though the parents of those children who are refused transportation are financially responsible and the parents of those who are offered transportation are not able to pay for the same. August 20, 1941
19- 214 Members of the State Board of Public Welfare are not entitled to reimbursement for expenses incurred for travel and subsistence when not in attendance at a regular or special meeting of the Board. August 20, 1941
19- 215 When a conditional sales vendor or first mortgagee is paid and files a release and satisfaction with the Registrar, it then becomes the Registrar's duty to request from the "owner," if there be no second mortgage, or from said second mortgagee, if there be one, the necessary affidavit so as to enable the Registrar to issue a duplicate certificate to said "owner" or second mortgagee. August 20, 1941
19- 216 Oil and gas leases constitute "real estate" under Section 5909, Revised Codes of Montana, 1935, providing corporations purchasing or holding real estate in any County must file authenticated copy of charter or articles of incorporation in county where real estate held. August 21, 1941
19- 217 It is necessary for a county to advertise for sale the trucks now owned and to sell the same for cash under the provisions of Section 4465.9, Revised Codes of Montana, 1935, and such trucks may not be traded in on new equipment after notice given pursuant to Section 4605.1, as amended, unless at such public auction no one bid on said trucks. August 21, 1941
19- 218 By reason of Chapter 87, Laws of 1941, County Clerks and Recorders cannot--since the 1st day of July, 1941--charge a fee of $1.00 for recording and indexing a quitclaim deed and a fee of $1.50 for recording and indexing a warranty deed, but instead must charge 30c for the first folio and 15c for each subsequent folio, or fraction thereof, plus 10c for each entry in the index, plus 50c for a certificate that such instrument has been recorded, with seal affixed. August 23, 1941
19- 219 County commissioners may refund taxes erroneously or illegally collected only for the two-year period as specified in Section 2222, Revised Codes of Montana, 1935, as amended by Chapter 201, Laws of 1939. August 23, 1941
19- 220 Where Clerk of District Court in seventh class county has no deputy, becomes ill and requires hospitalization or treatment, he should be allowed reasonable vacation with pay for such treatment. A deputy should be appointed for such period as provided in Section 4874, Revised Codes of Montana, 1935. August 23, 1941
19- 221 Board of county commissioners may not lawfully appropriate county money to assist a dairy herd improvement association in hiring a cow tester for the purpose of keeping reports of the cows so as to select for breeding only cows of marked productivity in milk. August 25, 1941
19- 222 Chapter 169 of the Laws of 1941, amending Sections 3084, 3085 and 3086 of the Revised Codes of Montana, 1935, and relating to payment of wages, is applicable only to wages accruing or acts committed on and after July 1, 1941, the effective date of the act. August 26, 1941
19- 223 A non-licensed insurance carrier-- operating through non-licensed agents--may not sell insurance contracts upon Indian reservations lying within the boundaries of the State of Montana, nor can such organization and its representatives sell insurance on land held in fee simple, though the land does lie within the general boundaries of an Indian reservation. August 26, 1941
19- 224 There is no authority granted boards of school trustees to expend school moneys for hot lunches for school children. August 26, 1941
19- 225 State Examiner conclusively determines nature of expenditures chargeable to particular county budget in absence of controlling statute. August 30, 1941
19- 226 When funds of Fire Department Relief Associations are under control of member treasurer, and not city or town treasurer, no security for deposit of funds is required. August 30, 1941
19- 227 The limitations of the Enabling Act, State Constitution and statutes prevent the use of crop-share rental on state lands or any portion thereof for payment of crop insurance premiums. August 30, 1941
19- 228 1. Public school moneys may not be expended for transportation for a pupil attending a private or parochial school. 2. No deductions may be made from payments made by school districts in lieu of transportation. September 2, 1941
19- 229 Although an elective county officer, having no deputy, may take such vacation as he sees fit, subject to any penalties that might be imposed for absence from his office, the matter of naming and paying a deputy to perform the duties of the office while he is absent must be handled with the cooperation of the board of county commissioners. September 2, 1941
19- 230 It is the duty of the county treasurer to allow any owner of any person, firm, co-partnership, corporation or association having any interest in any real estate sold for taxes to redeem such real estate or any interest therein by paying the proportionate part of such tax, as provided in Chapter 17, Laws of 1941. September 3, 1941
19- 231 1. Trust funds may not be diverted to the general fund and mingled therewith, but must be kept separate and ear-marked for the purposes intended. 2. The legislature did not intend by Chapter 14, Laws of 1941, to divert trust funds to the general fund but rather that they be kept separate and ear-marked for purposes intended. September 3, 1941
19- 232 Photographer's license issued under Chapter 37 of the Laws of 1937 authorize practice anywhere in state, but the law requires such license be recorded in each and every county where the holder practices photography. September 5, 1941
19- 233 The dopester's contest is a lottery and is considered to be in the same class as keno, screeno, bank night, serialgram and games of like kind and character. September 6, 1941
19- 234 The pinball game is a gambling device within the meaning of the statute and the use of the machine constitutes a nuisance under the provisions of Section 11124, Revised Codes of Montana, 1935. September 6, 1941
19- 235 Care of inmates of the state vocational schools for girls who are transferred to other reformatory institutions is to be paid for directly by the county from which such inmate is sent or admitted. September 9, 1941
19- 236 Employees of state soil conservation districts do not come under the provisions of the United States Wages and Hours Law and therefore employees of such districts may work more than forty hours per week but not more that eight hours in any one day. September 9, 1941
19- 237 In the case where perennial weed control work is enforced on a canal, where the canal did not own any right-of-way, the owners of the land through which the canal passes are liable for the two-thirds of the cost for such work as provided by Chapter 90, Laws of 1941. September 9, 1941
19- 238 Where county took tax deed and owner held over and continued in possession and cropped lands, county is not entitled to share of crop. Former taxpayer, owner, or his successor in interest may at any time before the date fixed for public auction sale repurchase by paying county full amount of the taxes, penalties and interest due on the lands at the time of taking such deed. Such purchase and payment may be effected by an installment contract, such sale subject to reservations as provided in Section 2 of Chapter 171, Laws of 1941. September 11, 1941
19- 239 Where the board of school trustees exercise discretion in closing school in district and amount offered as transportation is not sufficient to pay actual cost, then county superintendent may alter schedule and increase payment, with consent of state superintendent of public instruction, in accordance with part (8) of Section 7 of Chapter 152, Laws of 1941. September 12, 1941
19- 240 One qualified to payment under Chapter 5, Laws of 1941, who is an inmate of the state tuberculosis sanitarium, but who has no wife or children, is entitled to receive such payment--and this regardless of whether or not the County pays for his maintenance at such institution. September 12, 1941
19- 241 Any person or corporation whose primary purpose is the loaning of money and who secures title to an automobile in the process of collecting the loan is not a dealer as defined by the Motor Vehicle Act and need not have the license provided for in either Section 1760 or 1763.6, Revised Codes of Montana, 1935, in order to sell the said automobile. September 13 ,1941
19- 242 The Board cannot legally appropriate moneys from the treasury to the individual or groups of dentists, but such funds must be allowed to accumulate so they will accrue to the benefit and advantage of all dentists. The only persons eligible to apply for certificates as registered dental assistants are those who were employed in the office of a regularly licensed dentist in the State of Montana for one or more years prior to February 23, 1935, and it is discretionary with the Board whether such persons shall be granted a certificate. September 13 ,1941
19- 243 1. Any person desiring to have another declared an interdict can file a petition in district court and thereupon the judge issues an order which can be served by a peace officer and the accused person is brought before the judge for examination. If the judge is satisfied, he may make an order of interdiction which will cancel the permit held by such person and prohibit the sale of liquor to him. 2. In such proceeding the county attorney should not act in his official capacity unless asked to do so by the judge. September 17, 1941
19- 244 Payments made under Silicosis Act (Chapter 5, Laws of 1941) must be considered in determining amount of old age assistance grants. September 17, 1941
19- 245 Any person desiring to engage in the business of plumbing must take an examination and procure license in each city or town with population of 3000 or over wherein he desired to engage in such business. September 16, 1941
19- 246 The State Fish and Game Commission may authorize expenditures of state funds, set aside for the purpose of creating and establishing projects to be furthered by the United State Government under the Pittman-Robertson Act on lands owned by the federal government, private or state lands; but, in so doing, it must be understood the Fish and Game Commission shall have no power to accept benefits unless the projects created or established shall wholly and permanently belong to the State of Montana, and the title to all lands acquired or projects created from lands acquired by deed or gift shall vest in, be and remain in the State of Montana and shall be operated and maintained by it in accordance with the laws of the State of Montana. September 19, 1941
19- 247 A person who has been appointed by the county commissioners to fill out the unexpired term of a county treasurer who has resigned is eligible to be a candidate for the office of county treasurer at the next general election, and the constitutional prohibition found in Section 5, Chapter 93, Laws of 1937, providing a county treasurer shall not be eligible to his office for the succeeding term, applies only to county treasurers who were elected and not to those who were appointed to fill out an unexpired term. September 19, 1941
19- 248 A person buying beans and paying cash therefor upon delivery must procure a license as provided by Section 3592.57, Revised Codes of Montana, 1935, but is not required to furnish a bond under Section 3592.59, Revised Codes of Montana, 1935. September 19, 1941
19- 249 Where board of school trustees in its sound discretion determines it is necessary and for the best interest of the district, school children involved and as a part of consideration of transportation, trustees may either furnish or pay premium on liability insurance covering privately owned but so used in transporting such school children. September 23, 1941
19- 250 An auctioneer, operating a general salesyard, where, among other things, he sells livestock, is required to qualify under the provisions of Chapter 52, Laws of 1937, by filing with the Livestock Commission of Montana a written statement as to his financial responsibility, and of his ownership or control of adequate facilities for the care, sorting, feeding, loading, unloading, and shipment of livestock for the operation of a livestock market, and tendering the fee and furnishing the bond prescribed therein. He cannot operate a livestock market without first obtaining a license so to do. September 23, 1941
19- 251 While Sections 9031 and 9033, subdivision 1, limit the time of bringing actions against public officers and their sureties to three and two years respectively, where fraud and fraudulent concealment of defaultations occur, which cannot be discovered in the exercise of ordinary diligence, the cause of action does not accrue until discovery is made and an action may be brought against the principal and the sureties at any time within two years of the discovery. (Section 9033, subdivision 4. ) September 23, 1941
19- 252 State supervisor's salary set by legislature to be paid from state funds, $2400. Board under Section 3049, Revised Codes of Montana, 1935, may fix salary, and in its discretion may use federal funds to increase salary in event by so doing they do not violate any of the regulations and requirements of the federal agency participating. September 23, 1941
19- 253 A county clerk may not charge a school district of the second or third class for poll books or lists of electors in connection with the holding of an election to make an extra levy. September 24, 1941
19- 254 When a board of school trustees has determined to furnish transportation and sets up a budget therefor, transportation must be furnished to all eligible pupils--including pupils who may attend high school outside of the county of their residence either with or without authorization of the county superintendent. September 24, 1941
19- 255 When a school district has provided for transportation and set up a budget therefor and the county commissioners have levied taxes for the necessary transportation, expense warrants may be issued in anticipation of moneys from the uncollected taxes. October 1, 1941
19- 256 County attorneys are not required to act as legal counsel or in other capacity for state grazing districts lying within their respective counties, but their duties are confined to prosecuting violations of the criminal provisions of the grass conservation act. October 3, 1941
19- 257 Section 3228.4, Revised Codes of Montana, 1935, as amended by Chapter 222, Laws fo 1939, does not give the six (6) persons whose names are submitted to the Governor any vested right and the Association can at its next annual meeting present a list of six (6) different names. If the Montana Hairdressers' Association wishes a new list to supercede all other lists, the Association can accomplish that by proper parliamentary procedure at the time of the new recommendation. October 6, 1941
19- 258 The State Board of Medical Examiners has no authority to expend funds of the board for investigations of violations of the act, or employ experts, investigators, legal counsel, etc. Any member of or members of the board may make investigations of violations upon authorization of the board, and while so engaged may receive per diem and mileage as provided in the Act. October 7, 1941
19- 259 County commissioners may authorize the employment of deputy county treasurers in excess of the number provided by Section 4880 of the Revised Codes of Montana, 1935, as amended, and may fix their compensation at any rate deemed proper, provided it shall not exceed the maximum salary of deputies provided by law. October 8, 1941
19- 260 Where Montana National Guard commissioned officers were ordered into Federal Service by the President under the "National Defense Act" and then resign or are found physically disqualified, such officers revert to former status in Montana National Guard. Only authority to change such status is the appointive authority of the Governor of Montana. October 8, 1941
19- 261 Section 5 of Substitute House Bill No. 46 does not comply with Section 23 of Article V of our State Constitution, and therefore is void. October 8, 1941
19- 262 The county commissioners may transfer to the Indian Department an abandoned bridge to be moved by said Indian Department and reconstructed as a useful bridge of use to the people of the county, and such transaction with the Indian Department does not constitute a sale of County property within the meaning of Section 4465.9, Revised Codes of Montana, 1935. October 8, 1941
19- 263 Where there is no legal duty on the part of a board of county commissioners to terminate a contract of employment entered into by a former board, there can be no violation of the Nepotism Act by the newly elected board in retaining such person in said employment, where said person happens to be related to the newly elected commissioner. The Nepotism Act prohibits only the appointment and not the continuation of appointment previously made. October 9, 1941
19- 264 The standard measure for the sale of butter in Montana by creameries shall be 16 ounces avoirdupois weight to the pound, exclusive of the wrapper or container, and all butter sold or offered for sale by creameries in paper containers or wrappers shall be in packages of one or two pounds which may be made up of smaller component packages in multiples of four (4) or eight (8) ounces each. October 9, 1941
19- 265 Chapter 171, Laws of 1941, provides with particularity the time and the method of leasing tax title county lands. Such authorized method excludes any other procedure and is exclusive. Boards of County Commissioners have no authority to lease tax title county lands other than as prescribed by the legislature in said Chapter 171, Laws of 1941. October 10, 1941
19- 266 When facts presented to the Board of Examiners by any department of the state show an unforseen and unanticipated emergency to exist, as contemplated by Chapter 40, Law of 1937, and the appropriation made to said department will be insufficient, said board may--under said Chapter 40--permit said department to expend an amount in excess of the appropriation made, in an amount the board may deem sufficient for the fiscal year. October 11, 1941
19- 267 The Superintendent of the Montana State Training School at Boulder, Montana, cannot collect or receive any sums of money from any county, individual or institution for board or maintenance of any inmate of said institution, except as provided in Section 1480, Revised Codes of Montana, 1935. October 14, 1941
19- 268 When a farmer makes a business of selling milk and cream and/or other dairy products at his ranch as a regular means of support, his establishment most assuredly would be classified as a dairy. October 20, 1941
19- 269 The appraised value to be used as the basis of payment is regulated by the provisions of Section 3271, Revised Codes of Montana, 1935, i.e., on a basis of 75% of the animal's full assessed valuation as such full assessed valuation is fixed on the completion of the assessment roll on the second Monday in the month of August next preceding the killing by the tax-assessment records of the county liable in part for any indemnity to be paid on said animal. October 15, 1941
19- 270 Under Sections 5123 (5) and 5135 (5), Revised Codes of Montana, 1935, a widow of a deceased member of a volunteer fire department is entitled to be reimbursed from the Relief Association Fund in an amount not exceeding the sum of $250 for funeral expenses. October 20, 1941
19- 271 Section 12, Chapter 204, Laws of 1939, places the burden on the Milk Control Board to collect the fee from a licensee, and upon his failure to pay the required fee within the time allowed by the Board, his license should be revoked and he should not be reinstated except upon payment in full of the delinquent yearly fee or the delinquent portion thereof, as the case may be, plus ten percent penalty upon the delinquent amount. October 20, 1941
19- 272 School trustees have power to furnish transportation, or services in lieu thereof, for all pupils residing within their district and enrolled in the public schools of their district and also to pupils residing within their district who are enrolled in any Montana public school and otherwise eligible under Section 9 of Chapter 152 of the Laws of 1941 to receive transportation aid. October 20, 1941
19- 273 Under Chapter 52, Laws of 1937, a subsidiary corporation must have its own individual licenses and cannot operate under the license of the parent company to engage in the business of a livestock market. October 20, 1941
19- 274 County Commissioners, or other public officers, are not entitled to charge mileage, traveling expenses or per diem when attending any convention or meeting other than such as are specified in Section 443, Revised Codes of Montana, 1935 (or when traveling to the State Capitol for consultation with any state officer, board or department). October 20, 1941
19- 275 Under Section 4536, Revised Codes of Montana, 1935, as amended by Chapter 52, Laws of 1939, and following sections, it is mandatory on Board of County Commissioners of County of bona fide residence of deceased honorably discharged soldier, sailor, marine or nurse who served in U.S. Army, Navy, Marine Corps, or Army Reserve Corps to pay the sum of $150.00 expense of burial, except where benefit is waived by executor, administrator or heirs. October 20, 1941
19- 276 1. No distinction is to be made in order of payment of regular warrants and emergency warrants. They are considered as one class for the purpose of payment and should be made in their order of registration. 2. Under Chapter 112, Laws of 1941, the floating indebtedness therein mentioned may be paid from the poor fund when the special fund therein mentioned is insufficient. October 20, 1941
19- 277 Where board of county commissioners fails to make and enter an order of sale of land, the title to which has been acquired by county by tax deed within six months--the taxpayer or successor in interest may, at any time before the date fixed for such sale, exercise his preferential right to purchase such land. The criterion set by the legislature restricting the preferential right is at any time before the date fixed for such sale. October 22, 1941
19- 278 1. Portions of Section 13 and Section 14 of Chapter 152 of the Laws of 1941, referring to other existing statutes, are not unconstitutional as contrary to Section 25 of Article V of the State Constitution, requiring amended statutes to be re-enacted and published at length. 2. the portion of Section 13 of the transportation law that purports to permit payment of the state's half of transportation cost, though the other half is not provided, under "extra-ordinary conditions" is invalid for vagueness and uncertainty and as an attempted unwarranted delegation of legislative power. 3. The proviso that the high school transportation levy may not be part of the maximums specified in Section 1263.5, Revised Codes of Montana, 1935, or a part of the county-wide levy provided for in Section 1263.11 under certain conditions is not an unwarranted delegation of legislative authority. October 22, 1941
19- 279 It is a violation of Section 3776.8, Revised Codes of Montana, 1935, for any person to carry a firearm on the Little Saint Joe Game Preserve without a permit issued by the State Game Warden so to do. October 22, 1941
19- 280 A school district purchasing liability insurance on a bus may contract with any company authorized to do business in Montana, including reciprocal or inter-insurance exchange companies. October 23, 1941
19- 281 When parents or guardians receiving payments in lieu of bus transportation agree to pay such payments to a pupil driver, or to any other driver, for transporting their children to school, the board of trustees would not be liable to the pupils transported by such driver or to their parents for any injury caused by the negligence of the driver so engaged by the parents or guardians receiving payments in lieu of bus transportation. October 23, 1941
19- 282 The power of trustees to pay parents or guardians amounts in lieu of bus transportation extends only to the payment of such amounts for each day of attendance of pupils for whom such payments are made and not for each school day of the month or other payment period regardless of attendance of the pupils for whom payments are made. October 23, 1941
19- 283 Duty of clerk of board of county commissioners on own initiative to make application for headstone and to see that it is properly placed, that cartage and placement shall not exceed $10.00, such charge to be audited and paid same as other county expenses. Section 4539, Revised Codes of Montana, 1935, is a separate and independent act from Section 4536, Revised Codes of Montana, 1935, as amended by Chapter 52, Laws of 1939, and is a different charge against the county. October 23, 1941
19- 284 The owner of an artificial lake or pond who procures a license for the operation thereof from the State Fish and Game Commission, gives bond to the state, and meets all other requirements of Section 3695, Revised Codes of Montana, 1935, is not required--under the provisions of Section 3730, 3731 or 3732, Revised Codes of Montana, 1935--to secure a permit from the State Fish and Game Commission to ship his fish taken from said lake or pond out of the State. October 28, 1941
19- 285 Under Section 453, Revised Codes of Montana, 1935, all public offices are to be closed on November 20, 1941, and November 27, 1941, and all public employees given a holiday on those dates, since those days are now holidays because of the proclamation of the President and the Governor declaring those days to be days of Thanksgiving in accordance with Montana law. October 31, 1941
19- 286 If the trustees of a school district determine it is for the best interests of a pupil to furnish bus transportation, plus payment for three miles from home to bus line for one day of the week and payments for board and room in lieu thereof for the other four days, they have the authority to do so. November 10, 1941
19- 287 The Livestock Commission of the State of Montana is not authorized by law to insert the following clause in the livestock market bond used by said Commission: "Any person damaged by the breach of any condition hereof may maintain an action on this bond in his own name to recover his damages, after first giving written notice to the trustee herein, or the trustee herein may maintain an action in his own name, the recovery to be made for the use of the persons damaged, and both Principal and Surety herein hereby waive every defense, if any there might be, based upon the fact that any person damaged or in whose name the suit shall be brought is not party or privy to this bond." November 10, 1941
19- 288 Professional trapper, operating under Fish and Game Commission permit issued under provisions of Section 3685, Revised Codes of Montana, 1935, as amended by Chapter 174, Laws of 1939, may, under regulations fixed by the commission, trap beaver on lands other than his own when the owner of such lands secures from the Commission a legal permit for killing beaver which are actually doing damage to his land. November 10, 1941
19- 289 An applicant for silicosis payments, when determined eligible, is entitled to payment from the date of the application; and, in the event of his death between date of application and determination of eligibility, his widow or dependent is entitled to payment for such period. November 10, 1941
19- 290 Jurors not entitled to compensation for period of recess. November 10, 1941
19- 291 1. Fish and Game Commission cannot authorize employees to search cars without probable cause. 2. Probable cause depends upon facts in each case and cannot be construed to mean a mere matter of policy or suspicion but, on the contrary, must be actual and according to legal maxims. 3. After search, if nothing unlawful is found, it is the duty of the one making the search to restore the property in a courteous and efficient manner. November 13, 1941
19- 292 A window of a deceased member of a fire department relief association, whose marriage to such fireman was not consummated after the fireman had elected to retire from active service and receive a service pension, or, who had qualified and was receiving a disability pension, is entitled to the widow's pension if the fireman was (1) an active member, or (2) prior to his death had elected to retire from the fire department and was receiving a service pension, or (3) at the time of his death was receiving a disability pension for a sickness or injury suffered in the line of duty. Such pension is payable only during the time the widow remains married. November 14, 1941
19- 293 The word "resides," as used in Section 5861, Revised Codes of Montana, 1935, is not restricted to permanent residence, but includes temporary residence, and a person temporarily residing in the State of Montana is qualified to adopt a minor child. November 14, 1941
19- 294 When a demurrer is filed to a complaint in a civil action in the justice court, the justice of the peace shall collect a fee therefor of $2.50. November 14, 1941
19- 295 1. The word "children" as used in sub-section (c) of Section 3, Chapter 5, Laws of 1941, means dependent children regardless of age. 2. Payment should be made to wife, rather than to children. 3. Payment should be made to person having custody and control of children, where wife is deceased. 4. Where wife is deceased, legal guardian should be appointed only in those cases where the county or state department is satisfied. Such appointment is necessary to insure use of money for benefit of children. November 15, 1941
19- 296 The purchaser of real estate at a tax sale is the owner and holder of such an interest and lien as will qualify him, under the provisions of Section 2211 of the Revised Codes of Montana, 1935, as amended by Chapter 17 of the Laws fo 1941, to redeem from subsequent tax sales of said real estate. November 18, 1941
19- 297 Land purchased from a county on contract is taxable to the extent of the full and true value thereof on the first Monday in March following the execution of the contract. November 18, 1941
19- 298 1. The salary of a regular deputy sheriff is fixed by law on an annual basis and therefore the increase could not be withdrawn sooner than the end of the year for which said regular deputy sheriff is employed. 2. A sheriff is not allowed mileage for making hide inspections. November 18, 1941
19- 299 In determining the prevailing rate of wages to be paid employees of the State Highway in the several counties of the state, the commission should assemble the data concerning wages paid for like services by private employers and wages set by union regulations. November 22, 1941
19- 300 Collateral facts may be examined into for the purpose of establishing guilty intent, design, purpose or knowledge. November 21, 1941
19- 301 (1) Any foreign licensed "motor truck" as defined in Section 1760.2, Revised Codes of Montana, 1935, as amended by Chapter 93, Laws of 1939, before being operated on the highways of the State of Montana, for compensation or profit, or used in gainful occupation or business enterprise, including highway work shall first be registered and licensed in the State of Montana in the same manner as domestic owned "motor trucks." (2) Section 1760.2, above, applies only to such other foreign licensed motor vehicles. (3) The registrar of motor vehicles does not have authority to issue to such foreign licensed "motor truck" owner the permit provided for in Section 1760.2, Revised Codes of Montana, 1935, nor may any reciprocal agreement exempt any such foreign licensed "motor truck" owner from the registration and licensing by the State of Montana. November 28, 1941
19- 302 Under the facts given, the license fee for retail liquor dealers in the towns of East Helena and Walkerville is two hundred ($200.00) dollars. November 29, 1941
19- 303 Since there is no statutory authority for partial payment of bonds or bond coupons by school districts, cities and towns or counties, the same may be paid only when sufficient money is on hand to pay a bond or coupon in full and the bond and coupon are surrendered cancelled or for cancellation. December 1, 1941
19- 304 Oil and gas leases made by counties before the enactment of Chapter 171 of the Laws of 1841, Section 7 of which validates oil and gas leases theretofore made covering tax deed land, are as valid as any oil and gas lease which may be entered into by counties subsequent to the approval of said Chapter and the validating portion of said act (Section 7) is constitutional. December 1, 1941
19- 305 When a person has been sentenced in Justice Court to pay a fine only, he is entitled to be discharged from custody as soon as judgment is given. Upon his failure to pay the fine, he cannot be re-arrested; but the State must resort to a writ of execution. If judgment in a Justice Court is for fine and imprisonment until paid, then the defendant must be held in custody during the time specified in the judgment unless the fine is sooner paid. December 4, 1941
19- 306 A casualty insurance company may write a combination policy upon motor vehicles covering damage from fire, theft, collision, public liability and property damage. December 4, 1941
19- 307 1. All construction work and labor performed on wildlife-restoration projects under the Pittman-Robertson Act should be performed in accordance with the laws of the State of Montana under the direct supervision of the State Fish and Game Department, subject to the inspection and approval of the Secretary of the Interior; 2. The maintenance of all wildlife-restoration projects established under the provisions of the Pittman-Robertson Act shall be the duty of the State of Montana under its laws; 3. The Montana State Fish and Game Commission has the authority to perform all acts as may be necessary to the establishment and conduct of wildlife-restoration projects, as defined and authorized by the Pittman-Robertson Act, provided every project initiated under the provisions of the Montana Act, shall be under the supervision of the Fish and Game Commission; 4. The title to all lands acquired by deed or gift shall vest in, be and remain in the State of Montana--and shall be operated and maintained by it in accordance with the laws of the State of Montana; 5. The Montana Fish and Game Commission shall have no power to accept benefits, unless the projects created or established shall wholly and permanently belong to the State of Montana; 6. All Pittman-Robertson projects, having to do with the acquisition of lands, either by purchase, gift, lease or devise, must be approved by the Governor, and not by the Attorney General, the function of the latter being to give to the Commission all necessary legal advice, as well as his opinions upon questions of law relating to its department, when called upon so to do; 7. The state reserves the right, acting through its legislature, to direct the Fish and Game Commission to abandon any and all wildlife-restoration projects; 8. The Fish and Game Commission has no power to exercise the right of eminent domain to condemn or acquire property under the Montana Act; 9. All acquisitions of land, or interest therein, for Pittman-Robertson projects, must be made by purchase, gift, lease or devise and by no other method; 10. The title to all lands acquired or projects created from lands purchased or acquired by deed or gift shall vest in, be and remain in the State of Montana--and shall be operated and maintained in accordance with the laws of the State of Montana. December 4, 1941
19- 308 Where one school district is consolidated with or annexed to another school district, all school property of the annexed district becomes vested In the consolidated district. Likewise all the contractual obligations of the annexed school district under operation of law becomes the liability of the consolidated district and payable by the consolidated district. December 6, 1941
19- 309 1. The board of trustees of any school district may appoint superintendent of schools. 2. Board of trustees of every school district maintaining a district high school has the power and it is the duty of said board to employ a superintendent or a principal for a term of either one, two or three years, but in no event for a longer term than three years. 3. The board of trustees of every county high school has the power and it is the duty of said board to employ a principal of such high school for a term of either one or two years, but in no event for a longer term than two years. December 6, 1941
19- 310 Regularly contracted bus drivers are not required under the statutes to make daily record of the children transported. However, Boards of Trustees may require such a daily record in their contracts. The basis of claiming reimbursement for transportation from the state is the daily record of the teacher of the attendance and the daily report of the teacher of the days each child was actually transported by parents or guardian and the attendance of those where services in lieu of transportation are actually in attendance. December 6, 1941
19- 311 County Commissioners may not levy the per capita poor tax authorized by Section 4465.4 only on taxpayers between certain ages subject to such tax. Such tax may not be levied on those persons exempt from tax under provisions of law. December 6, 1941
19- 312 A person having an instrument recorded in the office of the County Clerk, as ex-officio recorder, paying for the recording per folio and for which recording fee is not otherwise provided, need not secure a certificate, with seal affixed, that such instrument is recorded; and, if a seal is not affixed to the endorsements required by Section 4805 and Section 4806 of the Revised Codes of Montana of 1935, regardless of whether or not the endorsements are construed to constitute a "certificate," no charge may be made for the endorsements which show such instrument has been recorded; but, if such endorsements relating to the recordation of the instrument are authenticated by the seal of the County Clerk, a charge of fifty cents(50c) shall be made. December 11, 1941
19- 313 1. The taxpayers outside of the city limits of an incorporated city can petition the county commissioners to create a fire district, provided such district is established within the limits of an unincorporated town or village or any territory lying within ten miles of the limits of any incorporated city. 2. Such district--when so established--can contract with an incorporated city for the use of the equipment of the incorporated city, provided such city by ordinance or resolution duly authorizes the same. 3. The paid firemen of an incorporated city--while engaged in fighting fires outside of the city limits and within the limits of a fire district in an unincorporated town or village, or any territory lying within ten miles of the limits of any incorporated city, under a contract between such organized districts and the city--are performing services in line of duty and are entitled to all benefits as members of the fire department relief association. December 11, 1941
19- 314 An applicant for re-registration of a motor vehicle who makes application therefor in December, after having had his car in dead storage since February 14th of the same year, having previously driven said motor vehicle on the highways of Montana, prior to placing the same in storage, is required to pay the license tax plus ten percentum penalty for registration of said vehicle. December 11, 1941
19- 315 The parties to a marriage are entitled to the marriage license and certificate of marriage after the same have been recorded by the Clerk of the District Court and the Clerk should, after the recording of the certificate of marriage, return the recorded marriage license and certificate of marriage to the parties to said marriage. December 11, 1941
19- 316 1. The county commissioners may lawfully declare emergencies under the provisions of Section 4613.6, Revised Codes of Montana, 1935, and issue emergency warrants for relief purposes without submitting the question to a vote of the electors. 2. The State Board of Public Welfare may transfer any fund not needed for the purposes of (a) old age assistance, (b) aid to needy dependent children, (c) aid to needy blind, or (d) child welfare services, to (f) general relief. 3. When the income of the poor fund from a six mill levy, and all other sources, is insufficient for expenditures of the poor fund for any fiscal year and when the county has issued anticipatory warrants as authorized by law and has issued emergency warrants as authorized by Section 4613.6, Revised Codes of Montana, 1935, in an amount which may reasonably be anticipated can be paid from the anticipated revenue for the poor fund for the succeeding fiscal year and leave sufficient for mandatory expenditures for such succeeding fiscal year, the county is entitled to a grant-in-aid from state funds, under the provisions of Section IX, Part II, Chapter 82, Laws of 1937, as amended by Section 14, Chapter 129, Laws of 1939, and Section 7, Chapter 117, Laws of 1941. December 11, 1941
19- 317 Where a publisher has qualified for and received a license to sell textbooks to school districts in Montana, such publisher may not withdraw such book or books from such list for three years from date of filing such lists. December 11, 1941
19- 318 When refunding or other county bonds are issued, the printing of the bonds must be done under the county printing contract, if the county is chargeable either directly or indirectly by the purchaser for the printing of the bonds. December 12, 1941
19- 319 1. The proceeds from sale of tax deed lands by counties, or any part of such proceeds, may not be used to pay a person for having repaired or built part of the fence thereon. 2. Subsection (a) of Section 6 of Chapter 171, Laws of 1941, is not unconstitutional. December 12, 1941
19- 320 1. After tax deed land has been appraised and fair market value established and land advertised for sale at public auction sale, and no sale had, county commissioners may then sell said land at private sale at best price obtainable, but for not less than ninety per cent of last appraised value. 2. Where tax deed lands have been appraised and advertised for sale at public auction sale and no sale had, and where county has then leased such lands subject to sale, boards may sell such land at private sale without again appraising and advertising said land, but such private sale must be for not less than ninety per cent of last appraised value, in event board determines such action for best interest of county. No preference may be given to any particular person. 3. The board of county commissioners may terminate a lease which it has granted on tax deed lands, which lease was made subject to sale, and sell the lands whenever it determines such action is for the best interest of the county. December 13, 1941
19- 321 Where teacher never notified Teachers' Retirement Board he did not desire to become member, within statutory time, he automatically became member of Teachers' Retirement System. It then was the mandatory duty of his employer to notify the Board and make monthly deductions for the teacher's salary of contributions and transmit same to the Board. Where the employer failed to perform the duty required by statute, such failure will not affect the teacher's membership or prior service rating. The Board may now, under its rules and regulations, require delinquent payments to be deducted, as it may prescribe in its rules and regulations. December 19,1941
19- 322 1. County clerk shall record certificate of discharge of honorably discharged soldiers, sailors and marines without charge. 2. County clerk shall issue, without charge, certified copies of recorded certificates of discharge to the United States Veterans' Bureau or to the applicant or to any person acting in his behalf, when said Bureau requires same in determining eligibility of applicant. 3. When a copy of copies of a recorded certificate of discharge are furnished to the county clerk for certification, the clerk shall compare the copy or copies with the recorded discharge, without charge, and may charge only for his certificate and seal the fee of fifty cents for each such copy. December 19,1941
19- 323 The statute providing for the appointment of a music supervisor in the Department of Public Instruction and fixing the salary therefor is an appropriation made by law, and therefor the state auditor may draw his warrant for such salary, even though no specific appropriation was made by the legislature for such salary. December 19, 1941
19- 324 1. A bona fide resident of the state of Montana for a period of ten years or more immediately preceding the date of application for silicosis payments, if otherwise eligible, may not be deprived of such payments because of temporary absence from the state during said period for medical care or other reasonable purpose. 2. The United States Veterans' Hospital at Fort Harrison is not a public institution within the meaning of Chapter 5, Laws of 1941, and hence one eligible for silicosis payments may receive such while an inmate of said hospital, awaiting transfer to the State Tuberculosis Sanitarium. December 24, 1941
19- 325 Board of Trustees cannot prohibit married or divorced persons between the age of six and twenty-one years from attending our free public schools system, which includes high schools, so long as such a person conforms with the reasonable rules and regulations of the board of school trustees, which must be without discrimination. December 24, 1941
19- 326 Montana State Examining Board of Beauty Culturists has no power under Chapter 80, Laws of 1941, to set minimum charges for licensed apprentices in beauty shops, but operators may by agreement in a particular area set such minimum charges subject to approval by the Board. December 31, 1941
19- 327 Where a Montana corporation acts as liquidating agent for divested assets of federal building and loan association, such corporation is not such type of organization as to fall within the jurisdiction of the state superintendent of banks. December 31, 1941
19- 328 Under Section 2589, Revised Codes of Montana, 1935, it is required that any person, persons, firm or corporation conducting any business therein named shall procure a separate license from the State Board of Health for each such business conducted, excepting only that no license shall be required for a dining room, cafe or lunch counter operator in connection with and under the same management as a hotel which holds a license from the State Board of Health or which is subject to payment of a license fee under Sections 2485 to 2498, Revised Codes of Montana, 1935. December 31, 1941
19- 329 Easements in gross may be taken by the Fish and Game Commission, under the provisions of Chapter 157 of the Laws of 1941, but not under the provisions of Chapter 167, Laws fo 1941. December 31, 1941
19- 330 Except as specifically permitted by the fish and game laws of the State of Montana it is unlawful for any person to purchase, sell, offer to sell, possess, ship, or transport within or out of the state any game, fish, wild birds, game or fur-bearing animals or parts thereof protected by the laws of this state, or coming from without the state, whether belonging to the same or different species from that native to the State of Montana. December 31, 1941
19- 331 Employees of State Institutions may not be employed in excess of eight hours per day, even though overtime be paid. Such employment would be a violation of Section 4, Article XVIII of the State Constitution. January 3, 1942
19- 332 The Fish and Game Commission has authority to employ not in excess of twenty-seven regular full-time deputy game wardens and may employ for a limited period of time special deputy game wardens to perform certain designated functions, as are prescribed in Section 3656, Revised Codes of Montana, 1935, as amended by Section 1, Chapter 158, Laws of 1941. January 3, 1942
19- 333 When and if a voluntary fire department is abolished and replaced by a paid department alone, the articles of incorporation of the Fire Department Relief Association should be amended to provide only for paid firemen as members and as recipients of benefits; or a new relief association should be created, providing only for paid membership consisting of the members of the paid department and for payment of benefits with respect to such members. If the existing Relief Association members consist only of volunteers, it seems necessary to create a new corporation since it may be at least doubtful whether the old association, organized under the volunteer department only, has any legal existence after the volunteer department has been abolished and replaced with a paid department. January 3, 1942
19- 334 County may transfer materials in obsolete bridge to federal government without sale as required by Section 4465.9, Revised Codes of Montana, 1935, in consideration of new bridge to be constructed by federal government outside of confines of the county, which new bridge will proportionately benefit inhabitants of transferring county. January 5, 1942
19- 335 1. In this state males under the age of 18 years and females under the age of 16 years may not legally marry regardless of the consent of parents, and marriage contrary to this provision may be annulled. 2. Clerks of Court may not issue marriage licenses when one of the parties to the proposed marriage is a male under the age of 18 or a female under the age of 16. 3. Clerks of Court may, in their discretion, require information under oath with respect to age of applicant for marriage license. 4. Marriage of children does not remove then from the jurisdiction or supervision of the Department of Public Welfare. 5. Each individual case involving married children should be handled according to the facts involved therein.  
19- 336 The reports required by Section 7, Chapter 127, Laws of 1939, and the records and data of the Division of Industrial Hygiene are not public records nor are they open to public inspection. Such reports are confidential. January 5, 1942
19- 337 Board of commissioners of irrigation district may not direct a county treasurer how he shall collect or not collect taxes or assessments of an irrigation district. The legislature, has, in mandatory language, directed the county treasurer as to his duties therein. January 6, 1942
19- 338 Counties may not appropriate money to private corporations for purpose of advertising their products and resources. January 9, 1942
19- 339 No public school money from any source may be appropriated, given or transferred by the state or any county, school district, board or person to any Indian school which is maintained and supervised by or is under the jurisdiction of the federal government. Public school funds, no matter from what source derived, may not be used for any school or educational purpose except the public schools and institutions which are under the exclusive jurisdiction and absolute control of the State of Montana. January 9, 1942
19- 340 Countersigning of warrants by County Board of Commissioners under Weed Control Act (Chapter 195, Laws of 1939; Chapter 90, Laws of 1941) not mere ministerial function but board has same responsibilities over fund as other county funds. January 9, 1942
19- 341 Bond of county treasurer need not be continued during his absence in military service where acting county treasurer furnishes bond required of regular treasurer. January 9, 1942
19- 342 The language used by the legislature in Chapter 56, Laws of 1941, is plain, certain and without any ambiguity, in that said act confers no authority or power on the Governor of Montana to abolish the office or position of custodian of the Grand Army of the Republic and the Spanish-American War Veterans Department of Montana, or any constitutional or statutory office, and Chapter30 of Volume 1, Revised Codes of Montana, 1935, is still in full force and effect. January 9, 1942
19- 343 A delegate from the Montana State Board of Dental Examiners to a meeting or meetings of the National Dental Association is entitled to his actual railroad and pullman fare--or an amount equal to the actual railroad and pullman fare--from his residence to the place of such meeting and return to his residence, as well as the sum of ten dollars for each day of actual attendance at such meeting and also ten dollars for each day spent in traveling to and from the place of such meeting and his residence. It is, of course, understood such travel is in the ordinary course and is by the most direct route and the Board may, by rule and regulation, designate which officer shall countersign its warrants. January 20, 1942
19- 344 Where a school district has no school house, has had no school for seven or eight years, and contracts with another district to transport its pupils in the other district's bus, such district is subject to be abandoned under Section 970, Revised Codes of Montana, 1935. January 21, 1942
19- 345 1. The proceeds from the per capita poor tax levied under Section 4465.4, Revised Codes of Montana, 1935, as amended by Chapter 165, Laws of 1941, when and as collected must be deposited to the credit of the poor fund. 2. In making up the county budget, the estimated proceeds from a percapita poor tax to be levied in December may be taken into consideration and included therein. 3. Unless included in the budget estimate, proceeds from the per capita poor tax may not be expended during the current fiscal year, but must be carried as a balance at the end of the fiscal year. 4. Proceeds from the per capita poor tax levied in December may be used to retire legally issued registered warrants against the poor fund during such fiscal year. January 23, 1942
19- 346 1. Low-pressure license is required for low pressure boilers in public buildings irrespective of fact that steam pressure may be below fifteen pounds, and 2. Safety devices may not be used to take place of licensed engineers. January 23, 1942
19- 347 It was not the intention of the legislature that inmates of the Montana State tuberculosis sanitarium, receiving benefits under the silicosis act, should be required to pay for their care and treatment therein. January 23, 1942
19- 348 Amendment of articles of incorporation of general corporation, functioning much as a cooperative association, so as to permit it to continue the same type of business acting as a cooperative, where fundamental changes do not occur, may be made under Section 5918, Revised Codes of Montana, 1935. January 27, 1942
19- 349 1. It is not required a county invoke the provisions of Section 4470.3, Revised Codes of Montana, 1935, before it is entitled to a grant-in-aid under the provisions of Section IX, Part II, Chapter 82, Laws of 1937, as amended. 2. Section 4470.3, Revised Codes of Montana, 1935, should only be used in very extreme emergencies, not contemplated under the Public Welfare Act. January 29, 1942
19- 350 The provisions of Section 1 of Chapter 121 of the Laws of 1941 do not govern the mileage to be paid a physician attending an insanity hearing and, accordingly, such physician is entitled to 10c per mile for each mile traveled, as provided in Section 1441 of the Revised Codes of Montana, as amended by Section 7 of Chapter 177 of the Laws of 1939. January 29, 1942
19- 351 The property owned by the Girl Scout Council of Livingston and used exclusively for the purposes of that organization is exempt from taxation under the constitution and statutes of Montana, relating to exemption of property used exclusively for educational purposes and held by institutions of purely public charity. February 2, 1942
19- 352 Witnesses in courts not of record and on coroner's inquests are entitled to 7c per mile for each mile actually and necessarily traveled. February 2, 1942
19- 353 The expense of "committing" a girl to the State Vocational School for Girls must include the mileage and costs of transportation incident to sending such girl to the said school and, under Section 12537, Revised Codes of Montana, 1935, such expense shall be borne by the county from which the girl is committed. February 4, 1942
19- 354 If the county clerk is satisfied, from such knowledge as he may have officially or otherwise or as he may secure from the county records, that the name of a registered elector is the same as a name appearing upon the last preceding completed assessment roll of the county, then he should include that name in a poll book for an election concerning the creation of a levy, debt or liability. February 4, 1942
19- 355 All inspections of cattle slaughtered under the provisions of Section 3298.18, Revised Codes of Montana, 1935, as amended by Chapter 78, Laws of 1941, shall be made by the sheriff, his deputy, or stock inspector appointed by the Livestock Commission, in the county where the animal was slaughtered. Such inspection consists of a stamping of all four quarters of the animal slaughtered and a tagging of its hide at one and the same time. Should the hide be subsequently sold by a butcher or meat peddler to a hide buyer, the retagging of the hide is unnecessary. February 4, 1942
19- 356 Sections 3731, 3734 and 3777 of the Revised Codes of Montana of 1935 and Sections 3742 of the Revised Codes of Montana, 1935, as amended by Chapter 22 of the Laws fo 1941, have no application to the business of owning, using and propagating fur-bearing animals, the foundation stock of which were domestically raised, rather than captured wild. February 5, 1942
19- 357 1. An allottee Indian who has obtained citizenship through being an allottee and has received patent in fee is subject to the civil and criminal laws of the state, but an allottee who has not obtained patent is still a ward of the Federal Government, although a citizen, and as such subject to the exclusive jurisdiction of the United States. 2. If an Indian is not an allottee but is a member of an Indian tribe who has not adopted the habit of civilized life and maintains tribal relations under the supervision of an Indian agent, he is a ward of the Government and subject to federal jurisdiction for acts committed by him within the reservation. 3. If an act is committed by an Indian who is a ward of the Federal Government, upon land to which the United States has relinquished title, the state has jurisdiction to punish him for committing a misdemeanor not embraced within the jurisdiction of the United States. 4. Where an Indian to whom full citizenship and patent have been granted commits an offense against the penal statutes of the state he may not defend against the power of the state to punish by asserting the offense was committed on land, title to which is in the United States. 5. A deer killed by an allottee Indian on an Indian reservation on land to which the government holds title is not considered as game protected by the laws of Montana, even though the same was killed within the geographical limits of Montana; said Indian's possession of said deer while off the reservation out of season in Montana does not violate any of the provisions of Montana's game laws. 6. All Indian lands, whether allotted or unallotted, held separately or jointly, and all land held for the use of the Indians, such as reservoir sites and similar lands, are subject to the exclusive jurisdiction of the United States government; all game fish, wild girds, game or fur-bearing animals, including beaver, killed, caught or captured thereon, are Indian property; said beaver are not protected by the laws of Montana; the Indian under tribal ordinances may kill or capture said beaver on the lands aforesaid; the Indian's possession would be legal and the state of Montana has no claim or ownership therein, nor has the State jurisdiction over the same; beaver caught, killed or captured on any of the lands aforesaid is not considered as beaver coming from without the State, but considered to be within the geographical limits of Montana. 7. The Fish and Game Commission has no jurisdiction over the tagging of beaver caught, killed or captured on Indian lands hereinafter described. 8. The provisions of Sections 3722, 3730, 3731, 3732 and 3742, as amended by Chapter 22, Laws of 1941, are not applicable to beaver caught, killed or captured on the Indian lands aforesaid, save as to the possible exception of that part of Section 3722 noted in this opinion. Even under the provisions of Section 3722, as noted, the Fish and Game Warden should impose no greater restriction on the exportation of beaver caught, killed or captured on Indian lands within the reservation than would be imposed on beaver coming from without the state. If the skin or skins from beaver caught, killed or captured on Indian lands within an Indian reservation are properly tagged so as sufficiently to identify each said hide or hides, the Fish and Game Warden should grant an export or shipping permit to the shipper on his payment of the required fee, i.e., 50c, for the permit of each shipment. 9. The Fish and Game Commission has no authority to issue courtesy hunting and fishing permits to Indians. 10. The Fish and Game Commission has not authority to employ an Indian or any other person as a deputy game warden to police Indian reservation land for state game law violations. 11. All Indians born within the territorial limits of the United States are citizens of the United States; an Indian may enjoy hunting and fishing privileges off an Indian reservation, equally with the white man, if he purchases the necessary Montana hunting and fishing license and pays the required fee therefor. It necessarily follows such licensed Indian may hunt his game with a firearm and not be required to compete with his white brother with his primitive weapon, the bow and arrow. February 7, 1942
19- 358 A county treasurer has authority to administer and certify oaths and this includes administering an oath to person making a sworn statement in writing, or affidavit, which verifies to form of an "Application for a Certificate of Title for a Motor Vehicle." February 14, 1942
19- 359 Where escaped criminal from another state is apprehended by a Montana sheriff when not performing official duty, sheriff may retain reward paid by bondsmen in other state. February 16, 1942
19- 360 Under the provisions of Sections 5 and 6, House Bill 366, Legislative Assembly of 1941, the state board of public welfare has authority to transfer from "old accounts received," which fund is composed of reimbursements received from counties due in the previous biennium, to the silicosis fund, or account, or to any other fund or account. February 18, 1942
19- 361 All expenses necessary to provide a decent burial are included within the term "funeral expenses," as used in Section XI, Part III, Chapter 82, Laws of 1937. February 18, 1942
19- 362 A casualty company must pay tax under Section 2761, Revised Codes of Montana, 1935, as amended by Chapter 83, Laws of 1941, on premiums received from fire coverage on automobiles. The state insurance commissioner has authority to require payment of tax by casualty company on premiums received on fire policies covering automobile. February 19, 1942
19- 363 1. Every employer of labor must notify his employees as to a definite date when wages become due and payable; 2. Such notice may be given in writing personally to each employee when he commences work, or by posting notice in a conspicuous place, or--in lieu thereof--may provide in a collective bargaining agreement the dates when wages shall become due and payable; 3. No employer is relieved from this duty, unless he has entered into a collective bargaining agreement, which agreement contains a provision setting a definite date for payment of wages. 4. Failure to pay on the date set by personal notice, by posting, or by agreement, or within five days thereafter, constitutes a violation of the law. February 25, 1942
19- 364 Terms of Montana teachers' tenure statute are written into teacher's contract and may not be waived. February 26, 1942
19- 365 Under the provisions of Chapter 167 of the Laws of 1941, the Montana Fish and Game Commission--in the name of the State and with the approval of the Governor--has the power to lease either federal or private lands upon which to develop wild life restoration projects created and established under the provisions of the Pittman-Robertson Bill of the Congress of the United States. February 26, 1942
19- 366 State Board of Land Commissioners may, in exercise of proper discretion, cancel certificates on purchase of state lands although such certificates are in good standing, where purchaser so requests. February 27, 1942
19- 367 Under the authority of Section 5 of Article XVI of the Montana Constitution, county commissioners have the power and authority to re-group the offices to be consolidated within their county or to separate offices once consolidated, since the consolidation of offices does not abolish them, and the authority to consolidate includes the authority to separate in the event such separation becomes necessary or expedient. March 2, 1942
19- 368 Soldiers, sailors, marines, or nurses dying in active or training service do not come within provisions or benefits of Section 4536, Revised Codes of Montana, 1935, as amended by Chapter 52, Laws of 1939. The Federal Government--through the army and navy department--has made provisions for such funeral and interment expenses. March 3, 1942
19- 369 Proceeds from insurance on destroyed county fair buildings should be placed in imprest fund for replacement purposes unless otherwise ordered by board. Fund may not be invested except in county warrants. March 4, 1942
19- 370 Applicants for license to practice osteopathy may complete four school years of eight months each in less time than four calendar years, if practice of reputable schools of osteopathy during war period is to press the regular course of "four school years of eight months each" into a space of time less than four calendar years. The state board of osteopathic examiners may recognize such training as sufficient under the statute. March 6, 1942
19- 371 The high water mark is the line which defines that part of the bed of a navigable stream, which, though not covered at all times by the waters of the stream, is submerged so long and so frequently in ordinary seasons that vegetation does not grow upon it; the great annual rises of the river which sometimes overflow fertile and usable land or any unusual floods do not have any effect or bearing upon the location of the high water mark which, because of the absence of vegetation and a different character of soil below it, can and should be readily distinguished in most instances. March 10, 1942
19- 372 The collection of unpaid registration fees for the previous year or years by the county treasurer is not a prerequisite to registration of a motor vehicle for the current year and the issuance of license plates therefor. March 13, 1942
19- 373 Effect and operation of statute must be considered in determining procedure and where any legitimate function of state executive officer is hampered or destroyed by acting thereunder, Legislature may provide effective machinery for effective operation. March 17, 1942
19- 374 The State Milk Control Board may by proper resolution legally expend the sum of $500 so budgeted and appropriated for the purposes expressed in the last paragraph of Section 18, Chapter 204, Laws of 1939, not exceeding, however, the limitations of that section. March 19, 1942
19- 375 Where certificate of incorporation or by-laws of Fire Department Relief Association provide for burial expenses of deceased members, a widow is entitled as a matter of right to such expenses in the amount as provided, not exceeding $250. In the absence of such provision, the membership may, by vote, allow such expenses in an amount not exceeding two hundred fifty dollars. March 21, 1942
19- 376 The registrar of motor vehicles may require the permission of a conditional sales vendor of a motor vehicle or of the holder of a chattel mortgage thereon be secured before certificates of registration or of ownership are furnished. March 21, 1942
19- 377 The county in which a non-resident without means is sick is responsible for board, nursing, medical assistance and hospitalization necessary until he can be returned to the state of his legal residence. March 21, 1942
19- 378 A town police officer may not also serve as justice of the peace in the township which embraces the area of the said town since the two offices are inconsistent and incompatible. March 21, 1942
19- 379 Sentence may not be suspended after commitment of prisoner. March 21, 1942
19- 380 Where life insurance policy is assigned to county, assignment arising out of a series of illegal transactions, county is not authorized to pay premiums on policy, even though such action may inure to benefit of county. March 21, 1942
19- 381 When owners or possessors of lands lying adjoining any herd district petition that such lands be included in the herd district, it must be shown twenty-five per centum (25%) or more of the land sought to be included is in actual cultivation, the same as is required when a herd district is established. March 21, 1942
19- 382 Where the board of school trustees has acted as a board in conformity to law, the chairman of the board of school trustees may give the notice required by Section 1075, Revised Codes of Montana, 1935. March 21, 1942
19- 383 Under a statute prescribing the period of time during which a publication is to be made and not prescribing the number of times of publication, publication once a week during the full period prescribed is sufficient. March 24, 1942
19- 384 In order to vote at a school election on the question of consolidation of districts under Section 1034, Revised Codes of Montana, 1935, an elector need have only those qualifications enumerated in Section 1002, Revised Codes of Montana, 1935, as amended by Section 1 of Chapter 65 of the Laws of 1941. March 26, 1942
19- 385 A member of the State Teachers' Retirement System who is inducted or ordered into the military services of the Government of the United States and who, within forty days after he is released from such service, makes the proper written application to the school district by which he was formerly employed--in the event he does not retire on a pension or does not die--may be restored to his former position of employment. In the event he is thus reemployed, he shall be considered to have been on leave of absence or furlough during the time he was in the military services of the Government of the United States and shall retain his membership and status in the Teachers' Retirement System. March 26, 1942
19- 386 Under the provisions of Chapter 112, Laws of 1941, a county must first use the proceeds of the levy authorized thereunder to pay reimbursements due the State Department of Public Welfare for old age assistance, aid to needy dependent children and aid to needy blind, due on June 30, 1941, before applying any of such proceeds to other floating indebtedness. March 28, 1942
19- 387 When a sheriff leaves his position to enter the armed forces, the incumbency of his undersheriff continues since--under Section 8 of Chapter 47 of the Laws of 1941--no vacancy occurs and--under Section 7 of said Chapter--the successor to such resigned sheriff is "acting" sheriff only. Therefore, if a relative of the incumbent undersheriff is appointed "acting" sheriff, the Nepotism Law has no application, since the undersheriff holds under the appointment of the elected sheriff and not under the "acting" sheriff. April 3, 1942
19- 388 Because of the rule of privileged communication between physician and patient, the only way information can be secured concerning the degree of vision, cause of blindness and any other necessary information to be included in the "register of the blind" is to secure the assent of the person with respect to whom the information is desired or, if the person be a child, from the parent or guardian. April 3, 1942
19- 389 1. No hearing is required in order to consolidate county offices, in the event proceedings are not instituted by a petition, but it is only necessary to follow the provisions of Section 5, Article XVI of the State Constitution. 2. In the event a petition, asking for consolidation of offices, is presented not later than seven (7) months before the date of election, a hearing and order may be had at any time in accordance with the statute and upon the notice required thereby, as long as the order is made six (6) months prior to the general election and is published as required by the Constitution. April 3, 1942
19- 390 Sales of tax deed land on contract to former owners under Chapter 181, Laws of 1939, bear six percentum interest on deferred payments, while sales under Chapter 171, Laws of 1941 (repealing Chapter 181, Laws of 1939) bear four percentum interest. April 4, 1942
19- 391 Section 4465.25, Revised Codes of Montana, 1935, governs the leasing and distribution of any proceeds of county-owned property other than tax deed lands and the proceeds of tax deed lands. Section 4465.9, Revised Codes of Montana, 1935, governs the sale and disposition of the proceeds fo sale of county-owned property other than tax deed lands and proceeds of tax deed lands. Chapter 171, Laws of 1941, governs the leasing, the reservation of oil, gas, and minerals produced and saved from such tax deed lands and the sale thereof--and in parts (a), (b), and (c) of Section 6 of Chapter 171, Laws of 1941, is found the mandate relative to the disposition and apportioning of the proceeds of sale of such lands and of the income and proceeds form the leasing of such lands. By the provisions of part(a) of Section 6 of Chapter 171, Laws of 1941, on the sale of such land only may the general fund be reimbursed not to exceed the sum of ten dollars ($10.00) for expenditures made from said general fund for the costs of procuring tax deed and holding the sale thereof. Where a county has taken tax deed to lands within and subject to special improvement district assessments, where such improvements and obligation were incurred prior to the enactment of Chapter 100, Laws of 1929, such special improvement assessments were wiped out by the taking of such tax deed. Where the special improvements were made and the obligation incurred after the enactment of said Chapter 100, Laws of 1929, and tax deed taken by the county, then such special assessments payable after the execution of such tax deed are a first lien on the property--the legislature's having waived the sovereign's first lien and made such special assessments superior thereto. Special assessments becoming payable during the time such tax deed lands are county-owned are a first lien thereon. The legislature has not provided any method or procedure for the county to pay such special assessments, nor has the legislature authorized or empowered the county--through its board of county commissioners--to make any levy of taxes or pursue any other method to pay such special improvement assessments. April 6, 1942
19- 392 Neither the State Board of Equalization nor any other executive officer or department of the state may enter into a valid compromised agreement with another state as to division of inheritance tax where domicile of decedent is claimed by both states. April 7, 1942
19- 393 Where money has been deposited with State Treasurer, as provided by Chapter 142, Volume 4, Revised Codes of Montana, 1935, such funds are trust funds, and State Treasurer may deposit same in the controlling fund, designated State Trust and Agency Fund, to be held in trust for the minors and to be paid out under certificate of the Court as in said chapter provided. Where State Treasurer has inadvertently or erroneously placed such funds in the escheated account fund, the same may be transferred to the state trust and agency fund, in conjunction with State Auditor's making proper notations of such transfer. April 8, 1942
19- 394 Second amendment of act need not refer to first amendment. April 11, 1942
19- 395 The President of the Montana School of Mines may serve as a member of the Joint Merit System Council and be paid the usual per diem therefor. April 11, 1942
19- 396 Where it becomes desirable to create a school district where part thereof lies in one county and part in another county, thus forming a joint district, Section 1035, Revised Codes of Montana, 1935, and the last three paragraphs of Section 1024, Revised Codes of Montana, 1935, govern. No school district shall be created nor may the boundaries of any school district be changed between March 1st and July 1st of any calendar year. April 14, 1942
19- 397 If the district advisory board approves the use of funds derived from the Taylor Grazing Act for range surveys and purchasing of aerial photographs to be used in connection with or as a basis of a range improvement program, then the funds may be so used, since such approval would not seem to be an abuse of the discretion of the advisory board. April 14, 1942
19- 398 Secretary of State must charge fee prescribed by Subdivision 18, Section 145, Revised Codes of Montana, 1935, for filing copy of judgment dissolving corporation. April 14, 1942
19- 399 Streams in Montana, with respect to which meander lines have been run along their banks when surveyed, are prima facie navigable; and the land lying beneath such streams should be claimed by the State of Montana unless and until it is determined such streams are as a matter of fact non-navigable and were so at the time the state was admitted to the Union. April 14, 1942
19- 400 Applications for registration of motor vehicles must be made in the name of the true owner, and may not be made in the name of the person who was formerly the owner by who has parted with title to the motor vehicle, since he, by no reasonable construction, can be considered the "owner" under any definition. April 15, 1942
19- 401 Under Montana Beer Act and Liquor Control Act, local lodge of national fraternal organizations may secure beer and liquor club licenses without having been in existence for one year under Beer Act and two years under Liquor Control Act. April 17, 1942
19- 402 A board of school trustees has no authority or power by statute to change the classification of a school district; a school district must retain its classification until the legislature prescribes the procedure and method of changing the classification; the resolution of the board noted herein is without warrant of law and the board is directed by Section 996, Revised Codes of Montana, 1935, to proceed to canvass the return of the election of April 4, 1942, as provided therein. April 17, 1942
19- 403 When a lease on a certain acreage of state land expires, and the land is again offered for lease, the competitive bid of a new applicant need not be on the entire acreage of the former lease, but can be upon a portion of the acreage, if it is determined by the state board of land commissioners the largest measure of legitimate advantage to the state, as trustee of the trust for which the lands were granted, will reasonably result from accepting bids on a less tract of state lands than is included in the former lease. April 18, 1942
19- 404 All employees of the state and its political subdivisions, except those employed in temporary positions, who leave such positions in order to perform training, service or active duty with the military forces of the United States and who are inducted and actually serve, are entitled to the benefits of Chapter 47, Laws of 1941, regardless of the manner in which they entered such forces. April 18, 1942
19- 405 Penalty collected under Section 6168, Revised Codes of Montana, 1935, should be placed to credit of permanent school fund. April 20, 1942
19- 406 Any five qualified electors of a school district of the second or third class may nominate as many persons as are to be elected to the school board at the ensuing election. Such petitions and the names of all candidates must be filed with the clerk at least five days next preceding the election, in order to have such names appear on the printed ballot as candidates. Any qualified elector may write in the name or names of any elector of the district on the ballot and such name or names must be counted, the same as though the name had appeared on the printed ballot. April 21, 1942
19- 407 No state office, board or commission may destroy any claim, warrant, voucher, bond or treasurer's general receipt. April 21, 1942
19- 408 County or city may pay rental or partial rental for office quarters for employment office operated by State Unemployment Compensation Commission. April 22, 1942
19- 409 Unpatented mining claims are real estate and represent property of value and are taxable under the constitution, statutes and court decisions. Where it becomes necessary to sell such property for delinquent taxes, it is to be sold as real estate. May 4, 1942
19- 410 1. The premium on the bond of a deputy county treasurer is not a proper charge against the county. 2. A deputy county treasurer need not furnish a bond unless required by the board of county commissioners and then in such amount as said board prescribes, or unless the principal requires a bond to be furnished. May 11, 1942
19- 411 One who buys and sells mustard seed, but who does not contract in advance for the purchase thereof or who does not store said seed for the grower, is not required to obtain a license or furnish a bond under Section 3592.69, Revised Codes of Montana, 1935. May 11, 1942
19- 412 The primary nominating election held the third Tuesday of July is the "next regular election" within the meaning of Section 4954.2 of the Revised Codes of Montana, 1935, relating to submitting the question of adopting the county manager form of county government. In the event the county manager form of government is adopted by the vote of the electors of the county at said election, the nomination of any candidates for offices --to be filled by appointment rather than election under the county manager form of government--would be of no force or effect. May 11, 1942
19- 413 A duly appointed, qualified and acting Chief of Police in a city of the third class who desires to file as a candidate for the office of county sheriff need not resign the office of Chief of Police before becoming a candidate for the office of county sheriff, under Chapter 116, Laws of 1937. May 11, 1942
19- 414 The word "person" as used in our State Constitution and statutes includes women as well as men; The force and intent of our Constitution and the statutes of this state raise no express or implied barrier to the appointment of a woman, who is a qualified elector, to the office of undersheriff; The appointment of an undersheriff in a sixth-class county is exclusively the prerogative of the sheriff; After such appointment is so made by the sheriff, and the oath of office taken by the appointee, such appointee is entitled to the salary of such office, to be paid as other county officers' salaries. May 13, 192
19- 415 A board of county commissioners does not have authority to furnish an automobile for the use of county superintendent of schools. May 16, 1942
19- 416 Supervisor of Soil Conservation District holds office until successor is elected and qualifies and that if the unopposed incumbent of the office is not re-elected because no ballots are cast at the elections, there is no vacancy in the office, and a special election cannot be held. May 16, 1942
19- 417 1. Neither an osteopath nor a chiropractor is qualified to serve as an examining physician at an insanity hearing conducted under the provisions of Chapter 126, Volume One, Revised Codes of Montana, 1935, as amended in part by Chapter 117, Laws of 1939. 2. Neither an osteopath nor a chiropractor is qualified to make the certificate required by Section 1436, Revised Codes of Montana, 1935. May 16, 1942
19- 418 A county may appropriate money to be expended by the county fair commission for the purpose of paying all or part of the cost of newspaper or magazine advertising within or without the state for advertising the products and resources of the county. May 16, 1942
19- 419 A sheriff who receives papers filled out by a woman plaintiff in forma pauperis in a divorce action is required to serve such papers without payment in advance of the costs of such service. May 25, 1942
19- 420 1. "Land occupiers," as used in Chapter 72 of the Laws of 1939, includes both lessor and lessee of the same parcel of land. 2. A referendum must be held to include additional territory to an existing soil conservation district here the total of the operators are eight in number, but there are non-operating owners of the land, so that the total of the two groups is in excess of ten in number. May 27, 1942
19- 421 A minority of the State Soil Conservation Committee cannot transact business although its acts be concurred in by absentee members by mail. May 28, 1942
19- 422 It is not in violation of Section 456.2 Revised Codes of Montana, 1935, for the Commissioner of Agriculture to employ the son of the Chief Grain Inspector in one of the State Grain Laboratories of which the father has charge. June 8, 1942
19- 423 No refund may be had by a dealer for loss of gasoline by evaporation and other loss of gasoline handled by a dealer. June 10, 1942
19- 424 Where any person, firm, co-partnership, corporation or association desires to redeem from tax sale and pay all subsequent taxes upon any lots, piece or parcel of real estate which are owned or in which such person, firm, co-partnership, corporation or association have some interest, he or it may redeem from tax sale any such lot or lots. If such lot or lots have been assessed and sold together with other lots, then it is the duty of the county treasurer to permit such redemption and payment; and it is the duty of the county treasurer to compute and apportion the tax that should have been assessed against the lot or lots sought to be redeemed, and upon which the taxes are sought to be paid, the same as if said lot or lots had been separately assessed. June 13, 1942
19- 425 Candidates to fill a vacancy in the office of State Senator may be nominated and appear on the ballot with party designation if the Governor, by proclamation, orders a special election to be held at the time of the general election and said proclamation is made before the closing date for filing petitions for nomination. June 15, 1942
19- 426 Where a Carey Land Act lease becomes inoperative because of a sale of the land by the Carey Land Act Board, the lessees thereof should be reimbursed for the portion of the rent from which they will derive no benefit. June 15, 1942
19- 427 When a general verdict is returned by a jury, it is the ministerial duty of the clerk to enter judgment and the recording of the verdict is the rendition of judgment. A defendant in whose favor judgment is thus entered may not avoid the payment of the fee specified in Section 4918 of the Revised Codes of Montana of 1935 by failing to present a formal judgment to the judge for signing and having such formal judgment filed. June 20, 1942
19- 428 Section 4536 of the Revised Codes of Montana of 1935, as amended by Chapter 53 of the Laws of 1939, requires the appointment of a veterans' burial supervisor by the board of county commissioners of each county of the state who shall see to the burial of any honorably discharged soldier, sailor, marine or army nurse and incur the expense of $150.00 therefor. If for any reason a veterans' burial supervisor fails, refuses or neglects to act or is unable to act, then any person may see to it the interment is made for the sum of $150.00, which $150.00 shall be a county charge. The amount, in whatever manner spent for burial of the person entitled thereto, shall be $150.00, since the statute specifically states "the expense of burial shall be the sum of one hundred fifty dollars($150.00) . . . .". June 20, 1942
19- 429 1. An authority requiring a bond may accept and file the same in an emergency as provided by Section 2, Chapter 62, Laws of 1941, without counter-signature, unless such bond contains a stipulation it is not valid until counter-signed. 2. Under the conditions provided in Section 2, Chapter 62, Laws of 1941, a resident agent may countersign a bond subsequent to its acceptance and filing, but such counter-signature must be made personally on such bond by the agent, or--if by paster or rider--such paster or rider must be personally signed by the agent and by him personally appended to the bond. June 22, 1942
19- 430 No authority having been granted to the commissioners of irrigation districts to invest excess funds levied and raised for administrative expenses and maintenance costs, the commissioners may not invest such funds. June 24, 1942
19- 431 If, from the studies of the Supervisor of the Highway Patrol and from the studies of the Montana State Traffic Advisory Committee to the War Department, of which he is a member, the Supervisor determines the motor vehicle traffic on the highways of Montana is such as to warrant his determining and establishing any speed zones for any public highway or portion of a public highway of this state, he may establish the same and conspicuously post the maximum speed therefor. In the event the Supervisor of the Highway Patrol determines from his studies of the state, and the facts, circumstances and studies of the Montana State Traffic Advisory Committee to the War Department, that all highways of the state not to be determined and established and posted in zones 1 and 2 should be determined and established in zone 3, he may proceed so to determine, establish and conspicuously post the same. June 24, 1942
19- 432 A board of county commissioners, in rendering aid and assistance to and in cooperating with the Montana Preparedness and Advisory Commission, under the provisions of Chapter 142, Laws of 1941, may--within its discretion and to the extent of available funds--appropriate county funds for use by the County Preparedness and Advisory Commission set up under the act, if necessary in rendering aid and assistance to the State Commission, provided any such appropriation will not jeopardize the regular necessary business of the county. June 24, 1942
19- 433 Any honorably discharged soldier, sailor, marine or nurse who shall have served in the army, navy, marine corps or army nurse corps of the United States who dies after being honorably discharged is entitled to burial expense benefits provided in Chapter 52, Laws of 1939, and such burial expense--so provided in the sum of $150.00--is payable as other county expenses out of the general fund of the county. June 23, 1942
19- 434 County commissioners may not include within a garbage and ash collection district any area within the corporate limits of a city. June 26, 1942
19- 435 1. "Mortgage lands" which are producing oil or gas or which are recognized as being potentially valuable for the production fo oil or gas by the existence of a state oil and gas lease on the lands are not subject to sale. 2. Royalty interests of purchaser and state in "mortgage lands" depend on date of sale, as defined. June 27, 1942
19- 436 1. A Notice of desire to hold unpatented mining claims under federal act suspending assessment work for certain years need not be recorded, but only filed and indexed. 2. The fee for filing and indexing such notice is fifty cents. June 27, 1942
19- 437 As a qualification for membership on the Board of Barber Examiners, each member shall be a practical barber who has followed the occupation of barber in the State of Montana for at least a period of five years immediately prior to his appointment. Quo warranto is the proper legal action to determine the title to the office of a member of the Board of Barber Examiners who has not followed the occupation of barber in this state for at least five years immediately prior to his appointment to the Board. June 27, 1942
19- 438 Notice of desire to hold unpatented mining claims need not be recorded, but if recorded, it must be acknowledged or witnessed and must also be filed, and a fee of one dollar charged for recording in addition to a fee of fifty cents for filing. Such notice may include more than one claim, not, however, to exceed six for an individual and twelve for partnership, association or corporation. Only one fee may be charged regardless of number of claims included within the limitation herein stated. June 30, 1942
19- 439 Subsequent to May 31, 1942, a taxpayer--in repurchasing or redeeming property theretofore deeded to the county or struck off to the county at tax sale--is required to pay the original tax together with penalty and interest. July 3, 1942
19- 440 To be eligible for silicosis payments under Subsection (6), Section 3, Chapter 5, Laws of 1941, an applicant need not have been physically present within the state for ten full years immediately before the date of application. The phrase "has resided in and been an inhabitant of," as used in Sub-section (b), Section 3, Chapter 5, Laws of 1941, interpreted to mean "domicile" and rules laid down in Section 33, Revised Codes of Montana, 1935, govern. July 2, 1942
19- 441 1. Inasmuch as Chapter 91, Laws of 1937, repealed Section 2439, Revised Codes of Montana, 1935, said Chapter 91, Laws of 1937, provides the only and exclusive method of licensing and taxing moving picture theaters. 2. A moving picture theater from which a license tax has been collected under Section 2439, Revised Codes of Montana, 1935, after the effective date of Chapter 91, Laws of 1937, and after the effective date of Chapter 201, Laws of 1939, may file a verified claim with the county commissioners within two years after the date when such tax would have become delinquent, if the same had not been paid. 3. A theater, as defined in Section 2434, Revised Codes of Montana, 1935, and under the facts you have submitted, is subject to the license tax of one hundred dollars per annum. July 6, 1942
19- 442 Expense of transportation non-resident insane persons to place of origin outside state may not be paid from county funds or from State Public Welfare Funds. July 8, 1942
19- 443 Where an elected county commissioner is inducted into the land or naval forces of the United States or is a member of any reserve component of the land or naval forces, national guard, or retired personnel ordered into the active military service of the United States, and, in order to perform such service, leaves such elected office, no permanent vacancy occurs under Chapter 47, Laws of 1941. In such event the remaining member of the Board of County Commissioners shall appoint some person to replace temporarily such officer, under the terms and conditions contained in Chapter 47, Laws of 1941, as construed by the Supreme Court of Montana in the case of Howard M. Gullickson v. Sam W. Mitchell, Secretary of State of the State of Montana, Pax. (2nd.) July 13, 1942
19- 444 The statutes governing the wage rate for firemen and policemen in first and second class cities provide a minimum rate of wages only and not a maximum. It is within the authority and power of a city council, or other governing body, to increase the minimum wage rate of policemen and firemen. July 13, 1942
19- 445 Where real property is held by a citizen of Montana as vendee, under a binding, enforceable, executory contract of sale, and when said vendee is in the active military or naval service of the United States, all taxes on such property shall be held in abeyance, no proceedings shall be taken for the collection thereof, and on penalty or interest shall be added thereto, until the expiration of the period one year from and after the cessation of hostilities or discharge from military or naval service, provided always the person to be benefited or some one in his behalf shall comply with the provisions of Section 2237, Revised Codes of Montana, 1935. July 14, 1942
19- 446 Under amended regulations of the State Board of Education, applications for High School Honor Scholarships must be accompanied by waiver of any implied right to scholarships from students of higher scholastic rank. July 15, 1942
19- 447 Primary election day--July 21, 1942--is a legal holiday within the meaning of Section 10, Revised Codes of Montana, 1935. July 17, 1942
19- 448 An inmate of the Montana State Hospital who was adjudicated to be of unsound mind is presumptively insane and his contracts and endorsements to negotiate instruments carry a risk of their being declared void to the person dealing with him. July 20, 1942
19- 449 If the Adjutant General judges an expenditure from available funds for certificates and cards to be presented to qualified member of the Citizens' Defense Corps necessary in rendering aid and assistance to the State Preparedness and Advisory Commission, and if, in his judgment, such cards and certificates are needed and required by the Commission, the Adjutant General would be authorized under Section 8 of Chapter 142, Laws of 1941, to make such an expenditure. June 22, 1942
19- 450 1. The State Board of Hail Insurance, under the law creating that department, has authority to make reasonable rules and regulations which it may determine to be practical, necessary, and beneficial for the conduct of the department. 2. The Board has authority to make and promulgate any reasonable rule or regulation limiting its liability, providing such a rule is uniform and not arbitrary. July 23, 1942
19- 451 Where an owner of livestock resides in A County, has his livestock in A County on the first Monday in March, pays to A County the taxes thereon after said livestock have been assessed and thereafter removes to and establishes his residence in B County--where he buys and leases lands to which he removes his livestock from A County--such livestock is not "migratory livestock" within the meaning of the Montana Statutes. No apportionment of the tax so levied and collected by A County may be made. Neither may it be placed in the "migratory stock fund," nor distributed by the board of county commissioners of A County. A County is entitled to the whole of said tax. July 24, 1942
19- 452 Where the Commissioner of State Lands offers "mortgage land" for sale under the procedure outlined in Section 1895.77, Revised Codes of Montana, 1935, and receives a sealed bid from the lessee of the land in the same amount as the highest sealed bid from any other person, the bid of the lessee should be accepted if otherwise complying with said section. Where the Commissioner sells at private sale under the authority of Section 1805.78, Revised Codes of Montana, 1935, in the event the lessee makes an offer equal to any other offer received, the offer of the lessee should be accepted if in all other respects qualified. The Commissioner, however, may sell at private sale any time within the two year period to any qualified person who will pay the appraised price as advertised and make the initial payment under the provisions of Section 1805.78, supra. The said statute does not contemplate nor require sealed bids at such private sale. July 25, 1942
19- 453 1. Beer containing not more than three and two-tenths percent (3.2%) of alcohol by weight may be sold during all hours by licensed liquor dealers, except in cities and incorporated and unincorporated towns which have enacted ordinances restricting the sale between designated hours. 2. Beer containing between three and two-tenths and four percent of alcohol by weight may not be sold in this state at any time. 3. Beer, designated as ale, porter and stout, containing more than four percent (4%) of alcohol by weight may be sold only during the hours prescribed by Section 12, Chapter 84, Laws of 1937. July 25, 1942
19- 454 1. Collateral securities for imprest funds of Department of Public Welfare may be deposited with the Federal Reserve Bank. 2. Proposed collateral agreement and receipt approved as revised in compliance with Section 21 of Chapter 29 of Laws of 1939, and Section 182, Revised Codes of Montana, 1935. July 27, 1942
19- 455 Where no part of the floating indebtedness of the poor fund existing on June 30, 1941, remains unpaid, a board of county commissioners is without authority to make the levies provided under Chapter 112, Laws of 1941, and failure to do so, under such condition, will not make the county ineligible for grants-in-aid. July 27, 1942
19- 456 Under the broad discretionary powers granted to the Board of Land Commissioners by the legislature and the constitutional provisions, the Board--after determining a change in a certificate of purchase will secure the largest measure of legitimate and reasonable advantage to the trust and the people of the State of Montana--has the power and authority to effect such a change as will bring about the result required by the Constitution and the Statutes. July 28, 1942
19- 457 Under the provisions of Section 3586, Revised Codes of Montana, 1935, a licensed warehouseman cannot reserve storage space in his grain elevator for a patron and refuse to accept storage from others. Statute clear and specific. Public warehousemen shall receive for storage and shipment without discrimination of any kind, so far as the capacity of his warehouse will permit, all grain tendered him in the usual course of business in suitable conditions for storage. July 30, 1942
19- 458 A husband is not liable for the support and maintenance of his wife in the Montana State Hospital. July 30, 1942
19- 459 A person operating a livestock market must furnish a surety bond under the provisions of Section 4, Chapter 52, of the Laws of 1937. A cash bond is not satisfactory. July 31, 1942
19- 460 The State Board of Examiners does not have the authority to enter into contracts for insurance, concerning such armory buildings as are under the exclusive jurisdiction and ownership of the Montana Armory Board, but said Montana Armory Board as such corporation has the authority to insure such buildings. July 31, 1942
19- 461 A member of the United States Army, who is also a member of the State Board of Dental Examiners, is not entitled to mileage from the army post where he is situated, for attendance at a meeting of the board. August 3, 1942
19- 462 County Coroner--elected at the general election in 1940 to fill a vacancy in that office--holds his office for the terms of four(4) years, as provided by Section 5 of Article XVI of the Montana Constitution, as amended by the vote of the people at the general election held November 8, 1938. August 5, 1942
19- 463 Montana electors serving in the armed forces of the United States are eligible to vote at the coming election by absent voter's ballot. The registry card of such an elector shall not be removed from the official register or cancelled as a result of such elector's having voted by absent ballot, if such elector complies with the provisions of Chapter 144, Laws of 1941. August 14, 1942
19- 464 Counties prohibited by law from making any payments for general relief to ward Indians. August 15, 1942
19- 465 Where cattle or other livestock are imported into this state from the Republic of Mexico, Argentina, or other foreign country, are in this state on the first Monday in March of any year, are held in or on a ranch or range consisting of a large area, which such area is designated as a so-called "warehouse" by the Treasury Department Division of Customs, and are in the State of Montana for the purpose of grazing therein, breeding or fattening--such cattle or other livestock are not exempt from taxation, but are assessable and taxable--under our Constitution and laws--the same as domestically owned cattle or livestock, owned and possessed by Montana ranchers. August 17, 1942
19- 466 Under the provisions of Chapter 195, Laws of 1939, as amended by Chapter 90, Laws of 1941, the supervisors of a weed control district may take possession and control of any infested tract of land in a weed district for such period of time as may be necessary to destroy and exterminate the noxious weeds thereon. August 18, 1942
19- 467 Where license taxes have been erroneously levied and collected, the authority levying and collecting the same is authorized to, under Section 2222, Revised Codes of Montana, 1935, as amended, refund the taxes, or the portion thereof erroneously collected, where claim is filed within a reasonable time after the discovery of the error. August 18, 1942
19- 468 Father of an illegitimate child, found guilty of bastardy under the provisions of the Revised Codes of Montana, 1935, may be prosecuted--under Section 11017, Revised Codes of Montana, 1935, for failure to support such illegitimate child. August 20, 1942
19- 469 Expenses of members of the Montana State Apprenticeship Council in attending meetings of the council may not be charged against funds appropriated to the Department of Agriculture, Labor and Industry. August 22, 1942
19- 470 One who conducts or operates a flour mill and who purchases all the grain directly from a bonded public warehouse, mills the same into flour, and uses all of the flour so milled in his bakery business is not required to procure a license either as a public warehouseman or as a grain dealer, under the provisions of Section 3589, Revised Codes of Montana, 1935. August 22, 1942
19- 471 Authority exists under the Public Welfare Act for the State Department of Public Welfare to enter into an agreement with the Federal Social Security Board, whereby the State Department may use state funds in rendering assistance to evacuees sent into Montana in case of emergency, such funds so used to be reimbursed by the federal government. August 26, 1942
19- 472 Under Chapter 72, Laws of 1939, Montana State Soil Conservation Districts may not be consolidated. August 27, 1942
19- 473 1. Sale of tax title land to Federal Government, for inclusion in National Forest, must follow usual and customary method as sale to individual. 2. County cannot warrant title on sale of tax title land. 3. County can quiet title to tax title land. August 29, 1942
19- 474 County Commissioners are authorized under Section 4592, Revised Codes of Montana, 1935, to make repairs necessary to keep special improvements in operation and to pay cost thereof by assessing entire district. September 1, 1942
19- 475 Fee of Three Dollars provided by Section 2206, Revised Codes of Montana, 1935, should be collected by County Treasurer, when tax deed is issued in pursuance of judgment of District Court. September 2, 1942
19- 476 Owner of reinstated certificates of purchase of state land, which land was leased to another person after cancellation of original certificate of purchase and before reinstatement, takes land subject to all terms and conditions of said lease. September 2, 1942
19- 477 When a parent corporation absorbs its subsidiary corporation by merger, the subsidiary corporation ceases to exist; and such a merged foreign corporation--which has filed its charter or articles of incorporation with the Secretary of State under the provisions of Section 145.1, Revised Codes of Montana, 1935--must pay fees based on the proportion of its capital stock employed in the State of Montana (Sections 1445.1 through 145.4, Revised Codes of Montana, 1935) without receiving credit for like fees paid by the subsidiary corporation before its extinction. September 2, 1942
19- 478 The Clerk of Court must collect a fee of five dollars at the time of filing a petition for letters of administration in an estate where the first administrator has died. September 9, 1942
19- 479 Where there has been a mistake in the figures of an approved final budget of a school district, whereby the transportation budget for the ensuing year is considerably less than actually intended, and a levy has been made based on the incorrect figure in the final budget, neither the Board of County Commissioners nor the State Board of Equalization has the authority to change the levy. Relief must come from the legislature alone. September 10, 1942
19- 480 In order to be qualified to hold the position of Deputy Clerk of the District Court, a person must be at least twenty-one years of age. September 10, 1942
19- 481 Board of Examiners has a controlling supervisory power over the Board of Managers of the Soldiers Home, in determining the amount of salaries and compensation to be paid the employees of said home. September 11, 1942
19- 482 1. Nomination of candidates for special election must be made pursuant to either section 615 or 612, Revised Codes of Montana, 1935. 2. The candidate for special election must be placed on a separate and special ballot, and not on the general ballot, where the special election is concurrent with the general election. 3. The provisions of section 618, Revised Codes of Montana, 1935, does not apply to nominations for special elections to fill vacancies. A candidate for a special election may file his petition for nomination any time before the election, except that it must be filed to give the clerk sufficient time to have the special ballot printed and distributed to the various precincts. September 12, 1942
19- 483 County Treasurer has no authority to permit redemption to be made by paying one installment or one-half year's payment of the taxes for which land has been sold, on account of delinquent irrigation district taxes and assessments. September 18, 1942
19- 484 After the approval and adoption of a final school budget as provided by law, no item thereof may be changed, corrected or altered. September 19, 1942
19- 485 Refund of taxes as to land not included in mortgage cannot be made under Section 2222, Revised Codes of Montana, 1935, where mortgagee voluntarily pays delinquent and current taxes on tract of land, which includes some land not under the mortgage. Claim for refund of taxes under Section 2222, Revised Codes of Montana, 1935, must be filed within two years after date when second half of such taxes would have become delinquent if same had not been paid. September 19, 1942
19- 486 Vote of taxpayers required to authorize county and city to acquire land for airport, where permitted levy is not sufficient to pay purchase price of land, and incurring of indebtedness necessary. September 21, 1942
19- 487 Irrigation district assessments or taxes are a lien on state mortgage land; but there is no method of enforcing payment; the State Board of Land Commissioners has no authority to use funds under its care and control in payment thereof. Tax Moratorium Statutes apply to irrigation district taxes or assessments. Statute in effect at time of payment of delinquent tax controls, rather than statute in effect at time of delinquency. Taxes are levied against person, not against property. Tax liability is determined by ownership of property as of first Monday in March of each year. September 21, 1942
19- 488 Board of County Commissioners may construct, or cause to be constructed, on public or county roads passes across which such roads may continue and which shall be so constructed that automobiles and trucks may cross them and which shall be impassable for livestock. September 25, 1942
19- 489 Public administrator is not required to pay at the time of filing the five dollar fee required by Section 4919, Revised Codes of Montana, 1935, for filing a petition for letter of administration, but must pay such fee out of the assets of the estate, as soon as the same come into his hands, as provided by Section 10005, Revised Codes of Montana, 1935. September 25, 1942
19- 490 Section III (e), Part IV, Chapter 82, Session Laws of 1937 (Public Welfare Act), denying assistance to needy dependent children whose parents are aliens unlawfully within the United States, applies only to needy dependent children who themselves are aliens, and does not apply to needy dependent children who are citizens, regardless of their parentage. Assistance provided by Part IV of Chapter 82, Session Laws of 1937, is for benefit of dependent child alone, and not for benefit of parents. September 25, 1942
19- 491 State Department of Public Welfare alone should present creditor's claim for recovery of Old Age Assistance from estate of deceased recipient. State Department of Public Welfare, upon recovery from estate of Old Age Assistance recipient, shall allocate and disburse proper shares to County and Federal Government. Proposed form of creditor's claim approved. September 26, 1942
19- 492 1. If one elected to office in November, 1942, is unable to or prevented from filing oath and bond within the time prescribed by law because of his absence in military service of the United States, does not forfeit his rights to the office so as to cause a vacancy, but the authority having the appointing power for such office may appoint some suitable person under the provisions of Chapter 47, Laws of 1941. 2. That one elected to office may take and subscribe his oath before any officer outside of the State of Montana or the United States, who would under the laws of this State be authorized to administer an oath. 3. That the policy of the law as expressed by the Legislature in Chapter 47, Laws of 1941, is to preserve to those elected officials who have been inducted into the military forces, their rights to the offices to which they were elected and had title at the time of their military service. September 26, 1942
19- 493 Clerk of Court must collect trial fee, provided by Section 8932, Revised Codes of Montana, 1935, where attorney appointed by court, upon filing of affidavit relating to military or naval service, files general denial. September 29, 1942
19- 494 The adoption of the proposed amendment to Section 6, Article XVI of the Constitution of the State of Montana will not itself make the term of office of County Auditor four years in length. An act of the legislature will be necessary to extend the term of such office from two to four years. September 29, 1942
19- 495 State Board of Land Commissioners authorized and empowered by Section 1805.115, Revised Codes of Montana, 1935, to execute a deed to the United States for a section of school land, heretofore patented to the State, where a portion of said section is mineral land. Said Section 1805.115 held constitutional under facts of opinion. September 30, 1942
19- 496 Under Section 5, Article XVI of the Constitution, as amended, in case of vacancies in county offices, a board of county commissioners has the power, and it is its duty to call and provide for the holding of special elections to fill them. September 30, 1942
19- 497 Every Montanan absent from the place of his residence and serving in the land or naval forces of the United States, including the members of the Army Nurse Corps, the Navy Nurse Corps, the Women's Navy Reserve, and the Women's Army Auxiliary Corps, who is or was eligible to register for and is qualified to vote at the coming election under the laws of the state, shall be entitled--as provided in Public Law 712 of the Seventy-Seventh Congress of the United States--to vote at the election on November 3, 1942, for United States Senator and Representative in Congress from Montana, notwithstanding the registration laws of this state. No opinion is expressed herein in regard to the right of such persons to vote for presidential electors under said law. October 1, 1942
19- 498 1. Where no liens against a motor vehicle registered are of record with the Registrar of Motor Vehicles, he may legally affect a transfer of title, unless he has knowledge of an attachment against the motor vehicle. 2. Where a deposit is made with the Registrar of Motor Vehicles by an attaching creditor, the Registrar may not legally thereafter transfer title to such vehicle until judgment and sale under execution or dismissal of the suit. 3. When title to a motor vehicle is transferred by operation of law, as on execution sale, the Registrar of Motor Vehicles must issue certificate of title in accordance with Section 1738.2 (f), as amended by the provision of Chapter 72, Laws of 1937. October 7, 1942
19- 499 Provisions of Soldiers' and Sailors' Relief Act of 1940 interpreted in detail herein. October 9, 1942
19- 500 1. It would be illegal and unlawful for the Board of Barber Examiners to pay any debts contracted by a former board in any one year in excess of the income for such year. 2. The board is without authority to provide, by resolution or otherwise, that registered barbers entering and serving in the military forces during the present war be exempted or relieved from the direct provisions of Section 4 (e) of Chapter 183, Laws of 1937, relative to fees for the renewal of certificate of registration. October 13, 1942
19- 501 No authority having been granted to the commissioners to a county to levy a tax for more than an amount sufficient to defray the current expenses for any one year, a county cannot by a special levy create a fund to be expended in some future year for the construction of a swimming pool. October 13, 1942
19- 502 A person who has been actively engaged in the profession of cosmetology for at least five years at any time before appointment, is eligible to appointment to State Examining Board of Beauty Culturists. October 14, 1942
19- 503 Commissioned officers of the United States Army are not officers authorized by the laws of Montana to administer oaths or take acknowledgments. Hence, the affidavit required by Section 721, Revised Codes of Montana, may not be subscribed before such an officer. (This rule is not, however, applicable to the oath of elector required by Public Law 712 of the United States Congress.) October 17, 1942
19- 504 A county through its board of county commissioners, has no authority, either express or implied, to contract for services for the purpose of securing methods for taxation return or taxation returns from government owned or controlled lands within the county. October 23, 1942
19- 505 Montana University fraternity and sorority houses and student cooperatives where meals are served only to members do not come within the provisions of Section 2589, Revised Codes of Montana, 1935, requiring a license from the State Board of Health of Montana. November 2, 1942
19- 506 An applicant for a preference in a state grazing district must apply within one year of the organization of the district; that is, one year from the election of officers and directors, and not one year from the filing of a plat of the district. November 7, 1942
19- 507 Subsection (8) of Section 7, Chapter 152, Laws fo 1941, provides the exclusive means of altering a schedule for transportation of school children. November 13, 1942
19- 508 Montana State Training School, designed for the training and detention of epileptics and feeble-minded minors and adults. Hence, a five year old child may be admitted to said school. November 14, 1942
19- 509 Fire department relief associations should be incorporated under the provisions of Chapter 42, Civil Code of Montana, 1935, and a certified copy of the Articles of Incorporation, filed with the County Clerk, should be filed with the Secretary of State. November 17, 1942
19- 510 Livestock taken by truck from the owner's ranch in one county to some point in another county must be inspected for brands at the point of loading, as provided in Section 3324, Revised Codes of Montana, 1935, as amended by Chapter 106, Laws of 1941. November 17, 1942
19- 511 Taxes in process of assessment and levy, when tax deed issued to county, are cancelled by tax deed. November 17, 1942
19- 512 Only documents necessary to be delivered by sheriff to warden is certified copy of Judgment and certified copy of information or indictment. November 21, 1942
19- 513 The Legislature having failed to make any appropriation for the functioning of the State Bureau of Criminal Identification and Investigation, the said Bureau is inoperative until the Legislature makes the necessary appropriation. November 23, 1942
19- 514 1. A teacher in the Montana State Industrial School comes within the provisions of the Teachers' Retirement System, and the retirement board has the power to so declare. 2. The local executive board (Montana Industrial School), having been granted the power to appoint teachers, has the implied power to enter into contracts with teachers, which contracts are subject to correction, approval or change by the State Board of Education. November 24, 1942
19- 515 Section 464, as amended by Chapter 161, Laws of 1937, governs with regard to the amount of bond of a member of the Board of Railroad Commissioners, Section 3780, Revised Codes of Montana, 1935, is in effect repealed by Chapter 161, Laws of 1937, insofar as Section 3780 speaks of the amount of bond of a member of said board. November 25, 1942
19- 516 County Commissioners not authorized to make levy against property in new district to pay for school bonds, where new district does not receive any property, applicable to district organized on May 22, 1920. November 27, 1942
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