Attorney General’s Opinions

Volume 20

Opinion Held Date
20- 1 1. The practice indulged in by sheriffs of the several counties over a period of years of charging for the number of prisoners confined in jail each day in claims for board of prisoners, which practice has sanction by the board of county commissioners over a like period, is a reasonable interpretation of the meaning of Section 4886, Revised Codes of Montana, 1935. 2. The county is not liable for the expense of fuel used by the sheriff in preparation fo meals for prisoners. 3. The board of county commissioners is a quasi judicial body in passing upon claims against the county, and when once allowed, the amount cannot in the absence of fraud, be recovered by the county. 4. No statute governing the question of furnishing living quarters for the sheriff and his family existing, the custom of so doing indulged in by the several counties over a period of years may be held to have ripened into legal authority, and such question should be presented to the Supreme Court for decision. December 8, 1942
20- 2 No part of the funds of a fireman's relief association may be used to purchase insurance covering "emergency firemen" who are acting firemen under the Emergency Defense Fireman Program but who are not members of a regularly organized volunteer fire department recognized by an incorporated city or town, or regularly confirmed members of a fire department. December 10, 1942
20- 3 Redemption may be made from tax sales prior to effective date of Chapter 39, Laws of 1941, under Section 2201, Revised Codes of Montana, 1935. December 11, 1942
20- 4 Where State Department of Public Welfare advanced funds for county's proportionate share of old age assistance and aid to dependent children under Section XI (b) Part I, Chapter 82, Laws of 1937, the county being unable to pay such share at the time, the county was thereafter obliged to repay the amounts advanced. Under 1937 Public Welfare Act, state department was authorized to require county to assume obligation of repayment before advancing funds for county's share of old age assistance and aid to dependent children. Execution by county officials of requisition for funds containing promise to make prompt reimbursement indicated recognition of county's obligation to repay. Advancements by state department for county's share of old age assistance and aid to dependent children, where county was financially unable to bear such share, under Section XI (b) Part I of 1937 Act, were loans rather than gifts or grants, as distinguished from grants-in-aid by state department for general relief purposes under Section IX and XIII of Part II of said Act. December 12, 1942
20- 5 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 file a claim for two-thirds of the charges for work done by the district on state owned lands with the State Board of Examiners who must, if they approve the claim, transmit it to the legislative assembly with a statement of their approval. thereafter, the legislature may act upon the claim. December 15, 1942
20- 6 Where tax deed land sells for an amount in excess of taxes and assessments, excess should be distributed in accordance with laws in effect when bonds of irrigation district were issued and when tax sale was had. December 29, 1942
20- 7 Person in active military or naval service must pay taxes on motor vehicle at time of registration. January 4, 1943
20- 8 The failure of a county treasurer elect to qualify within the time prescribed creates a vacancy in the office which may be filled by the appointing power. January 9, 1943
20- 9 No registration or re-registration fees have been specified by the legislative assembly for trailers or semi-trailers of one thousand (1,000) pounds or less. January 15, 1943
20- 10 An assessor of a county of the seventh class is entitled to deputy only during the months of March, April, May, June and July, at a salary not exceeding one hundred dollars per month. The board of county commissioners is not authorized to make payment of the salary of the deputy in question. The board of county commissioners has the right to order a claim of a county officer paid, although properly signed vouchers for expenses have not been attached to claim, unless specific provisions of the law require vouchers to support the claim. The board of county commissioners may, however, promulgate rules governing approval of claims, and require vouchers supporting claims. January 23, 1943
20- 11 Where county treasurer elect--who has taken and subscribed the constitutional oath of office and filed the proper approved bond--dies before the commencement of his term of office on the first Monday of March, a vacancy will occur in the office of county treasurer on said first Monday in March. Incumbent's term will terminate on first Monday in March. Under constitution, board of county commissioners shall appoint person to fill vacancy, and the appointee shall hold such office until the next general election. January 26, 1943
20- 12 Suspension of motor vehicle operator's license under the provision of Chapter 129, Laws of 1937. January 28, 1943
20- 13 Clerks of district courts and county clerks and recorders may not issue and deliver, without the usual fees provided by law, certified copies of documents in their offices to applicants for wartime service men's allotments. February 4, 1943
20- 14 A county treasurer is not eligible to hold the office of trustee of a school district because the two offices are incompatible. February 15, 1943
20- 15 A sheriff in a county of the seventh class--having a population of more than 2,000--may, if he deems it necessary, appoint one under-sheriff at a salary not less than $1800 per annum, and, in addition, one deputy shall act as jailer at a salary not less than $1650 per annum, without the authorization or consent of the board of county commissioners. February 17, 1943
20- 16 The coroner is not entitled to a $5.00 fee for issuing a death certificate, but, if, in the exercise of his discretion, he determines an investigation is necessary by reason of the provisions of Section 12381, Revised Codes of Montana, 1935, and he makes such investigation, he is entitled to a fee of $5.00 per day, plus mileage. February 27, 1943
20- 17 Instructors in Civilian Pilot Training Program employed under contract between school board and government agency not affected by Nepotism Act where present employment began before relative became member of school board. Where there is no legal duty on the part of the board to terminate a contract of employment at the time a relative of an employee becomes a member of the board, there is no violation of the Nepotism Act in retaining such employee. March 9, 1943
20- 18 It was the intention of the legislature in using the word "may" in the last sentence of Chapter 52, Laws of 1941, to make the collection of the fee for the certificate of information on birth or death certificates, optional or permissive, and not mandatory. March 10, 1943
20- 19 The date of the appointment is the deciding factor in considering whether or not the provisions of Section 31. Article V, Montana Constitution apply to the deputy county assessor in question. The board of county commissioners has the authority under Chapter 87, Laws of 1943, to fix the compensation of a deputy assessor in a county of the seventh class, within the limitation noted in that act. It is further my opinion the increase allowed in Chapter 87, to not more than ninety per cent of the amount of the officer's salary, is prohibited if the appointment of the deputy assessor was made prior to February 25, 1943, the effective date of Chapter 87, Laws of 1943. March 15, 1943
20- 20 The tax properly payable on a set of five strip tickets to the North Montana State Fair at Great Falls, is five times the tax that is or would be due on five single admission tickets. March 16, 1943
20- 21 Chapter 23, Laws of 1943, is constitutional and the poll tax therein provided is a valid tax. Chapter 23, Laws of 1943, does not affect poll taxes levied for 1943. Chapter 23, Laws of 1943, applies to poll taxed for 1944 and subsequent years. March 18, 1943
20- 22 Unless premises located on the same street or avenue and within six hundred feet of a building occupied exclusively as a church synagogue or other place of worship, or school, except a commercially operated school, were so located and maintained as a bona fide hotel, restaurant, railway car, club or fraternal organization or society, or similar place of business, for one year prior to March 5, 1937, the effective date of Chapter 84, Laws of 1937 the Liquor Control Board may not issue a license for such premises. March 19, 1943
20- 23 No mattresses, pillow, couch pads, or lounges, containing shoddy in whole or in part, may be sold, offered for sale, or manufactured within the State of Montana. Section 2615 of the Revised Codes of Montana of 1935 so states and was not repealed by the provisions of Chapter 70, Laws of 1941. March 20, 1943
20- 24 Funds received by the Unemployment Compensation Commission from city and county governments for the purpose of establishing and maintaining free public employment offices, under agreements entered into under the authority of Section 6, Chapter 164, Laws of 1941, should be kept separate and distinct from other moneys of the commission--and a new and separate fund, with a separate fund number, should be established in order to maintain that distinction and to protect the city and county funds from reversion to the state's general fund or from inclusion in the balance of moneys attributed to grants from the Federal Government. March 22, 1943
20- 25 Chapter 159, Laws of 1943, does not apply to assignee of county's certificate of tax sale. Eight per cent interest charged on redemption of real estate from tax sale when certificate is owned by an assignee of the county. March 25, 1943
20- 26 The date of the appointment is the deciding factor in considering whether or not the provisions of Section 31. Article V, Montana Constitution, prohibit or allow the increase in salary as provided by Chapter 87, Laws of 1943 to deputies and assistants. Under the facts given, the board of county commissioners must declare a public emergency and issue emergency warrants if they determine to allow the increase in salary as provided by Chapter 87, Laws of 1943. March 27, 1943
20- 27 Where A is the lessee of county land which is appraised at $5.00 per acre and B appears before the board of county commissioners with an offer of $7.00 per acre for said lands, the board of county commissioners has the right under Chapter 147, Laws of 1943, to reappraise the land and advertise and offer the same to be sold at public auction. March 29, 1943
20- 28 Where the balance in a fire department relief association fund is not in an amount of less than one per cent of the taxable valuation of the taxable property in a city, town or municipality, no tax levy may be made by the proper authority under the provisions of Section 5119, Revised Codes of Montana, 1935, as amended by Chapter 43, Laws of 1939, for the purpose of the relief association. March 30, 1943
20- 29 1. The Governor's proclamation of the election of June 8, 1943, need not be posted in the separate precincts. 2. Each county clerk must cause to be posted, at least thirty days prior to May 28, 1943, in at least five conspicuous places in each voting precinct, notice to the effect registration for the June 8th election will be closed on May 28, 1943. 3. Each county clerk must prepare and post a list of registered electors as required by Section 567, Revised Codes of Montana, 1935. 4. At the election of June 8, 1943, the polls shall be open from eight o'clock A.M. until six o'clock P.M.. In precincts having less than one hundred electors, the polls shall be open from one o'clock P.M. until six o'clock P.M.. 5. Notices of the election of June 8, 1943, should be prepared by the several clerks of the boards of county commissioners and mailed by them to the judges of election at least thirty days before the election, as provided in Section 594, Revised Codes of Montana, 1935. April 1, 1943
20- 30 Section 6 of Referendum Measure No. 47 (House Bill No. 256, Chapter 217, Laws of Montana, 1943) will prevail over Section 1, of the measure, being the last in numerical order. April 1, 1943
20- 31 Basic 5c tax, and additional 1 1/2c tax, imposed by Referendum Measure 47 (House Bill 256, Laws of Montana, 1943) on gasoline of less than 46 degree Tanglianbes Baume test, can only be collected for gasoline used to propel motor vehicles on the public highways or streets, and collection is made directly from owner or operator of vehicle. April 1, 1943
20- 32 No specific appropriation to the Unemployment Compensation Commission of federal funds granted to the commission for administrative purposes need be made by the legislative assembly of this state in order for the state and its officers and agencies to expend the funds for the purposes designated by the federal government. April 2, 1943
20- 33 The fact that the board is required to furnish a certificate showing, among other things, the name of each instructor certified for the next course, may seem to indicate a new selection is required. This fact alone does not so indicate. I believe this selection in the first instance continues until the board terminates the services of the instructor by formal board action. The only purpose of the certificate, in my judgment, is to inform the agency that--for that course--qualified instructors will be available. The appointment of all instructors terminates with the termination of the contract, and if a new contract is entered into new appointments must be made, and, in such event, the board, as presently constituted, would be prohibited, under the Nepotism Act, from appointing the instructor in question, if the relationship now existing between the board member and the instructor still exists. April 3, 1943
20- 34 The board of county commissioners, under the authority of Chapter 47, Laws of 1941, has power to appoint some person "acting" constable to replace temporarily the regularly elected and qualified constable who is serving in the armed forces of the United States. April 3, 1943
20- 35 It is my opinion if the district advisory board, in its sound discretion, taking into consideration all the facts, approves the use of the funds from the Taylor Grazing Act for aiding in the removal of trespassing range horses from ranges affected, determining such use of the funds is within "range improvements" then the funds may be so used. April 5, 1943
20- 36 Taxes collected by county treasurer on motor vehicles should be held in suspense fund and some time between March 1st and March 10th of each year, and every sixty days thereafter, shall be distributed in the relative proportions required by the previous year levy. Taxes collected by county treasurer on personal property, which are not liens on real property, shall be immediately distributed to various and proper funds, based on previous years' levy. Refunds shall be paid from county general fund, and county treasurer shall charge state and other funds their proportionate part of refund and make transfer to general fund to pay same. April 3, 1943
20- 37 The words, "taxpayers whose names appear on the last preceding completed assessment roll," as used in Chapter 217, Laws of 1943, include taxpayers on realty, personal property, and motor vehicles. April 5, 1943
20- 38 A county physician is entitled to receive from the Department of Public Welfare a list of the names of the recipients of public assistance for use in the performance of his duties as county physician, and if the list is used for any purpose other than is indicated the county physician would be guilty of a misdemeanor. April 7, 1943
20- 39 Loans by banks shall not--after July 1, 1943, the effective date of Chapter 71, Laws of 1943--be subject to any limitation based upon the amount of their unimpaired capital and surplus to the extent such loans are secured or covered by guaranties or by commitments or agreements to take over or to purchase them made by any federal reserve bank or by the United States or any department, bureau, board, commission or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States. April 8, 1943
20- 40 No part of the moneys derived from the sale of bonds issued under authority of Chapter 55, Laws of 1941, may be expended by the State Board of Examiners for the purpose of participating with the federal government in the construction of a nurses' home to house student nurses receiving psychiatric training at the state hospital for the insane. April 8, 1943
20- 41 Chapter 171, Laws of 1941, applies to all tax title land, whether acquired before or after its effective date. April 9, 1943
20- 42 Where tax deed has issued to county, former owner has no right of redemption under Chapter 159, Laws of 1943, or any other law. April 12, 1943
20- 43 Inasmuch as Chapter 217, Laws of 1943, provides (in Section 20 thereof) the general election laws of the state must be carried out in advertising and noticing the highway debenture election of June 8, 1943, unless specifically prescribed otherwise in the chapter, and inasmuch as there is no specific provision Section 567, Revised Codes of Montana, 1935, shall not be followed, the various county clerks must cause to be posted--not less than thirty days before the election of June 8, 1943--at least five copies of the printed registry list in at least five conspicuous places within each precinct. Since there is no provision to the contrary, such list should be published in toto, as for any other election. In view of the fact registration for the June 8th election will not be closed at the time of such posting, the posted lists naturally can show no more than the names of those registered at the time of printing. April 15, 1943
20- 44 County Clerks, in preparing the poll books for the highway debenture election of June 8, 1943, should include therein only the names of those entitled to vote at the election. April 15, 1943
20- 45 Each county clerk must mail to each registered voter in his respective county at least one(1) copy of Chapter 217, Laws of 1943, on or before five (5) days after the closing of registration provided in that chapter. April 16, 1943
20- 46 A board of county commissioners may not lawfully expend county funds for the purpose of hiring a clerk or stenographer for a local rationing board. April 21, 1943
20- 47 No authority exists for the investment of "trust and agency funds" by boards of county commissioners in United States war bonds. April 26, 1943
20- 48 Generally in the distribution of an insolvent estate, a debt owing the United State is entitled to priority of payment over a debt owing the state, even if the latter debt is the subject of a general unperfected lien. An allowed claim for funeral expenses is entitled to priority of payment from the funds of the insolvent estate to the deceased to the extent of $100.00 and no more. In the distribution of funds of an insolvent estate where an allowed claim for funeral expenses exceeds $100.00, a claim by the State Welfare Department is entitled to priority of payment over a debt due the United States to the extent only that the allowed claim for funeral expenses exceeds $100.00. April 27, 1943
20- 49 A renewal certificate or premium receipt affecting a renewal of a policy of insurance is required to be countersigned as provided in Chapter 62, Laws of 1941. April 28, 1943
20- 50 The fee required by Section 8590, Revised Codes of Montana, 1935, should be the exclusive fee collected by the clerk of the supreme court from applicants for admission to the bar. April 30, 1943
20- 51 Under the provisions of Chapter 122, Laws of 1943, persons coming within the purview of the act, after having their names dropped from the relief rolls by reason of temporary employment, are entitled upon the termination of such employment to have their names restored to the relief rolls without further application or other formalities, their status thereafter being on the same footing as any other recipient of old age assistance. May 1, 1943
20- 52 Mandatory duty is cast upon county treasurer to mail notices provided by Section 2 of Chapter 159, Laws of 1943, and there is a possibility liability for failure to do so. May 3, 1943
20- 53 The election to be held Tuesday, June 8, 1943, for the purpose of voting upon the issuance of state highway anticipation debentures is a legal holiday. May 4, 1943
20- 54 State Highway Commission is not subject to action for damages, as suit against commission is suit against state. State Highway Commission cannot legally settle claim for damages caused by defective highway. May 17, 1943
20- 55 No change in valuation for taxation purposes can be made until next biennial valuation, where improvements were damaged by fire in latter part of March, 1943. May 19, 1943
20- 56 Discharged veterans are entitled to preference in admission to the Montana State Tuberculosis Sanitarium when (1) at time of discharge they were citizens or residents of Montana, (2) where it is found on their discharge they are suffering from tuberculosis and (3) their admission is requested by proper federal authority. May 20, 1943
20- 57 1. In counties of the seventh and eighth classes, irrespective of population, where the office of sheriff is consolidated with another office, the sheriff may, if he deems it necessary, appoint an undersheriff without the consent of the board of county commissioners. 2. In such counties, however, the sheriff must have the approval of the county commissioners before appointing any deputy or deputies other than undersheriff. May 21, 1943
20- 58 Clerk in question in the office of county superintendent of schools may not be a member in the Teachers' Retirement System. May 24, 1943
20- 59 A board of trustees of a school district acting as a canvassing board must determine and declare the results of a school election from the tally sheets alone and not consider any other evidence. The fact totals for each candidate were not determined by the election officials is immaterial. Irregularities in the election cannot be considered by the canvassing board as the remedy for such irregularities is a contest for recount by the unsuccessful candidate. May 26, 1943
20- 60 Aliens may be granted engineers' licenses under the provisions of Section 2719 and 2720, Revised Codes of Montana, 1935. May 27, 1943
20- 61 All applications for transfer of ownership of motor vehicles must be forwarded to the registrar of motor vehicles through the treasurers of the counties in which the vehicles are taxable, with the exception of motor vehicles transferred to duly licensed automobile dealers intending to re-sell such vehicles and operating them only for demonstration purposes. May 29, 1943
20- 62 County where securities, representing solvent credits, are kept, proper county for assessment and taxation. June 7, 1943
20- 63 The liability of a county which has once assumed the obligation of paying for the treatment of a patient at the tuberculosis sanitarium under the provisions of Section 1520, Revised Codes of Montana, 1935, continues until the patient is discharged by the authorities of the institution. June 8, 1943
20- 64 The federal government, O.P.A., or its administrator is not exempt from payment of fee to clerk of state district court upon commencement of action or proceeding under the Emergency Price Control Act. Costs may not be assessed against the O.P.A. or its administrator in any action or proceeding under the Emergency Price Control Act. June 9, 1943
20- 65 No permit to sell securities in this state is required where the security is an increase of capital shares of a foreign corporation qualified to do business in Montana, offered to present stockholders only under their preempted right under the laws of the state of incorporation. June 10, 1943
20- 66 Chapter 159, Laws of 1943, does not apply to an assignment of the certificate of sale, and is confined solely to a redemption. June 11, 1943
20- 67 Fraternal organization which permits non-members to engage in gambling activities is subject to prosecution and punishment, the machines and devices to seizure, confiscation and destruction, and the premises to abatement. June 14, 1943
20- 68 1. It is the duty of the division of labor to issue age certificates to all minors, regardless of age or sex, who may make application therefor. 2. The division of labor has jurisdiction in the enforcement of all laws relating to the employment of minors regardless of age or sex. 3. No child, male or female, under the age of sixteen years, may be employed in any industry or occupation mentioned in Section 3095, Revised Codes of Montana, 1935. 4. Any child, regardless of age or sex, who has obtained a certificate from the commissioner of labor showing him or her to be of the age of sixteen years or older, may be employed in any occupation or industry, so long as such labor does not violate the statutory hours of labor. 5. A minor under the age of sixteen years, may not be employed as a chore boy or cook's assistant, or in any other occupation, if the place of work is situated in, on, or about a mine. 6. A minor, under the age of sixteen years may not be employed by any steam, electric, hydraulic, or compressed air railroad, where the labor of such minor is performed in, on, or about the premises, including shops, depots, tracks, roundhouse, roadbeds, etc. 7. A minor between the ages of fourteen and sixteen years, or any age under sixteen years, may not be employed in any industry or occupation, where machinery is operated. June 16, 1943
20- 69 Chapter 168, Laws of 1943, providing for schools in abandoned territories under certain conditions, applies only to territories which have been or will be abandoned after the effective date, March 3, 1943, and does not apply to territories theretofore abandoned. June 17, 1943
20- 70 County commissioners may not contract for the performance of any services within the language of Section 3076, Revised Codes of Montana, 1935, for a period in excess of eight hours in any one day. Money paid on such contract would be an illegal expenditure of public funds. June 18, 1943
20- 71 No fee may be charged for entry of judgment dismissing an action or proceeding unless the defendant requests such entry. June 19, 1943
20- 72 Items in determining income for high school purposes to be taken into consideration for budget purposes are: cash on hand, less obligations, registered warrants and reserve; and income from state and other sources; and county wide levy. June 21, 1943
20- 73 (1) Board of county commissioners should authorize county assessor to appoint such additional deputies and assistants as may be needed for the faithful and prompt discharge of additional duties imposed on county assessor by Chapter 167, Laws of 1943, to serve for such length of time as may be necessary to complete the additional duties. (2) As to those deputies allowed by law, salary shall not be less than minimum provided by Section 4873, Revised Codes of Montana, 1935, and not more than 90% salary of assessor; as to deputies appointed by permission of board of county commissioners, such board shall fix salary, but not to exceed 90% of salary of officer under whom they serve. June 21, 1943
20- 74 Chapter 59 of the Laws of 1943 interpreted with regard to inspection of livestock and fees therefor. June 21, 1943
20- 75 Neither the warden of Montana State Penitentiary nor any state officer or board may enter into any agreement whereby convict labor will be contracted to any person or persons or corporation for the purpose of farming or for use in any other industry. June 23, 1943
20- 76 The Livestock Commission may not purchase United States war bonds out of moneys held in the stock estray fund. June 23, 1943
20- 77 The Public Welfare journal, containing the minutes of the meeting of the Public Welfare Board, must not be accessible to members of the public except those governmental agencies, state or federal, which are seeking to render services for the benefit of recipients, and the County Welfare Board may determine in whose custody this record shall be kept in order to conform with the provisions of the law prohibiting disclosure of information. June 24, 1943
20- 78 The Montana Armory Board is an instrumentality of the state within the meaning of subdivision 7, Section 1011, Title 42, F.C.A., and is therefore exempt from paying the social security tax levied on income from employment by the Montana Armory Board. June 24, 1943
20- 79 The fee for registration of a truck--which is conditioned by the law on the capacity of the vehicle--shall be determined by referring to the manufacturer's rated capacity and then to the provision of the statute applicable to the capacity thus determined. June 25, 1943
20- 80 All certificates of ownership and certificates of registration issued by the registrar of motor vehicles after June 30, 1943, shall conform to the requirements as set forth in Chapter 148, Laws of 1943. June 28, 1943
20- 81 State banks incorporated under the laws of Montana may make a valid and enforceable pledge of collateral to secure deposits of the Metals Reserve Company through its agent or agents as "money of the United States." July 1, 1943
20- 82 1. Chapter 9, Laws of 1943 repeals so much of Section 5377, Revised Codes of Montana, 1935, as relates to the amount of official bond required by the mayor or councilmen of a municipal corporation operating under the commission form of government. 2. Chapter 9, Laws of 1943 does not operate to affect such city officers' bonds which were filed as a condition to their assuming their present terms of office. July 1, 1943
20- 83 County commissioners may make levy for high school purposes up to seven mills, even though money derived from the levy exceeds $135.00 per pupil; in those counties where the seven mills will not produce the amount, larger levy can be made. July 2, 1943
20- 84 A county official may perform clerical work for another county official when such work does not interfere with the regular duties of the former, and he does not purport to act as a deputy or in an official capacity for his employer. Section 4874, Revised Codes of Montana, 1935, grants authority to the board of county commissioners to provide for such an assistant and his compensation. July 3, 1943
20- 85 A clerk of the court is not authorized to issue a marriage license where either party is under the age of legal consent as defined by Section 5696, Revised Codes of Montana, 1935, which is 18 years for males and 16 years for females, regardless of the written consent of the parents. Such written consent of the parents does not enlarge the authority of the clerk where either party is under the age of consent. July 6, 1943
20- 86 A group of horsemen, unless organized as an association of breeders, may not advertise a sale of horses under their own name, employ an auctioneer, and assemble the horses at stock yards for public sale unless regularly licensed and bonded, as required by Chapter 52, Laws of 1937; but no such licensing and bonding is required of those individuals who are discontinuing the business of breeding or feeding livestock and who offer no livestock other than their own for sale. July 8, 1943
20- 87 Board of trustees of school district authorized to purchase building for housing busses, when matter of special levy has been submitted to qualified electors, and specific question submitted was purchase of building for such purpose. July 9, 1943
20- 88 Any person receiving beans, the property of another for the purpose of cleaning and delivery to the owner, must procure a license and furnish a bond. A broker who buys beans in this state must procure a license, but is not required to furnish bond. July 10, 1943
20- 89 The order of the county superintendent in the instant case, ordering abandonment of the school district on April 16th, is contrary to the provisions of Section 1023, Revised Codes of Montana, 1935, providing no boundaries of school districts shall be changed between March 1st and July 1st of any calendar year, and is therefore void as having been made out of time. July 12, 1943
20- 90 As to those deputies allowed by law, where the minimum salary provided by Section 4873, Revised Codes of Montana, 1935, is more than 90% of the salary of the principal officer, as provided by Chapter 87, Laws of 1943, the minimum salary provided by Section 4873 should be paid. July 16, 1943
20- 91 All members of the soil conservation committee are entitled to compensation of five dollars per day while in attendance at meetings with the exception of the director of the state agricultural experiment station, the director of the state extension service and the commissioner of the State Department of Agriculture who are the only ex-officio members. July 19, 1943
20- 92 A board of county commissioners cannot, under the restrictions imposed by Chapter 98, Laws of 1937, appropriate and authorize expenditure by a county health department of an amount in excess of ten percent more than was expended by such department during the previous fiscal year. July 23, 1943
20- 93 1. A fee of one dollar is chargeable by the clerk of the supreme court for issuance of a remittitur. 2. A copy of the court's opinion must accompany the remittitur when the judgment or order of the trial court is reversed or modified and the case remanded for further proceedings other than the entry of a final judgment or order terminating the proceedings in the trial court. 3. When such copy of the court's opinion is attached to the remittitur, no charge shall be made for such copy. July 23, 1943
20- 94 It is compulsory and obligatory that a soil conservation district comply with and insure itself under Plan No. 3 of the Workmen's Compensation Act. July 24, 1943
20- 95 The word "costs" as used in Section 2215.5, Revised Codes of Montana, 1935, does not include an attorney's fee and any defendant in an action brought to procure a tax deed under Section 2215.1, Revised Codes of Montana, 1935, may redeem by paying delinquent taxes, penalties, interest and costs of the action and without paying an attorney's fee to plaintiff's attorney. July 26, 1943
20- 96 A county may be refunded money erroneously paid to the state and which money has been deposited in the state treasury only by legislative appropriation. Where a county has erroneously sold land as tax deed property, the purchaser may receive as a refund the full amount paid from the county and the county may receive credit for the amount paid to the state upon the next settlement of the county treasurer with the state as provided in Chapter 201, Laws of 1939. July 27, 1943
20- 97 Under Chapter 206, Laws of 1943, license fee of 5c per head on sheep would be added to assessment of other personal property and becomes lien against land. If sheep owner has already paid personal property tax, another personal assessment for the license fee of 5c per head on sheep should be entered on tax rolls, and in event of ownership of land, fee should be added to taxed on real estate when latter are figured. July 28, 1943
20- 98 Each regularly created fire district must have one fire company containing not more than twenty-eight certificate members, and may have an additional company for each one thousand inhabitants, no company to contain more than twenty-eight certificate members. Each certificate number is entitled to the benefits of exemptions provided by Section 5144, Revised Codes of Montana, 1935, and of the Volunteer Firemen's Compensation Act, Sections 5158.1 to 5158.12, inclusive, Revised Codes of Montana, 1935. July 30, 1943
20- 99 A person whose livestock is destroyed by order of the state veterinary surgeon or a deputy state veterinary surgeon as a result of being affected with an incurable disease is entitled to be paid for each of such animals on the basis of seventy-five per cent (75%) of its appraised value. A person whose livestock is destroyed by order of the state veterinary surgeon or a deputy state veterinary surgeon as a result of being affected with or exposed to an infectious-contagious, communicable, or dangerous disease, which is not of its nature necessarily fatal, is entitled to be paid for each of such animals on a basis of its full appraised value. The total combined amount of indemnity paid for such animal, in either of the above cases, by the state and any county shall not exceed the sum of one hundred dollars ($100.00) for any registered purebred animal or the sum of fifty dollars (%50.00) for any grade animal. If the carcass of an animal destroyed under the provisions of Chapter 75, Laws of 1943, has a salvage value, the net proceeds from the claim against the state and county--seventy-five per cent (75%) of the appraised value of the animal affected with an incurable disease and the full appraised value of an animal affected with or exposed to an infectious-contagious, communicable, or dangerous disease, which is not of its nature necessarily fatal--not from the maximum amount of indemnity which the state and county are authorized to pay. July 31, 1943
20- 100 A board of county commissioners may legally pay a claim for necessary work performed in excess of eight hours where such work is occasioned by an unforseen emergency, and the county received a benefit therefrom. July 31, 1943
20- 101 Chapter 169, Laws of 1943, is valid and constitutional, and county officers, justices of the peace and constables, either appointed or elected after its effective date, are entitled to the increase of 10% in salaries therein provided. August 7, 1943
20- 102 A soil conservation district may not apply in its own name for a refund for the federal tax paid on gasoline, diesel fuel or oil, but a soil conservation district may purchase petroleum products from a manufacturer or refiner who will allow a discount in the same amount as the tax. The manufacturer or refiner may then secure a refund in the amount of the tax from the federal government. August 9, 1943
20- 103 Taxes on personal property, destroyed or moved from county without payment of taxes, must be carried on the tax rolls, and cannot be dropped therefrom. August 10, 1943
20- 104 Airline companies conveying property by express service, and as common carriers, over regular routes and on regular flights are subject to taxation under Sections 2305 to 2313, Revised Codes of Montana, 1935. August 11, 1943
20- 105 Eight hours constitute a day's work for all janitors in schools, and, therefore, a school board may not contract to employ janitors for a work day in excess of eight hours. August 12, 1943
20- 106 1. The county board of public welfare has the authority to conduct hearing on voluntary application for admission to Montana State Training School made by parents, or with their consent, and may make order requiring payments for maintenance of child. 2. The provisions of Chapter 183, Laws of 1943, authorizing the county board of public welfare to examine parents as to their financial ability and to make an order requiring payment for support and maintenance of the child is regulatory measure, and as such not unconstitutional. August 13, 1943
20- 107 Any funds in the state highway treasury anticipation debenture interest and redemption fund which have been accumulated in said fund to pay the principal of said debentures, may, on authorization by the state treasurer for the purchase of said debentures or any thereof at any time prior to their maturity but at no more than their par value. A special statute covering a particular subject matter must be read as an exception to the statute covering the same and other subjects in general terms. The depository board need not be consulted in the matter of debenture purchases under the provisions of Section 4, Chapter 79, Laws of 1943. Under the provisions of Section 4, Chapter 79, Laws of 1943, the treasurer acts in a ministerial capacity and acts only upon authority of the Board of Examiners as to debenture purchases. Section 4, Chapter 79, Laws of 1943, is not in violation of Section 11, Article III of the State Constitution. August 14, 1943
20- 108 The "actual costs" referred to in Section 5, Chapter 203, Laws of 1943, is to be determined by finding the average cost per child for the preceding year for maintaining the public elementary school to be attended -- such "actual costs" of maintenance to be based upon normal and usual operating expenses rather than capital expenditures. August 16, 1943
20- 109 All money or property, which was at the time of the passage and approval of Chapter 184, Laws of 1943, in the hands of the state treasurer, from escheated estates, including interest earned thereon, shall be placed in the public school fund of the State of Montana. Sections 7089 and 7090, Revised Codes of Montana, 1835, are repealed by the provision of Chapter 184, Laws of 1943, and the latter section is hereby declared to be in violation of the provisions of Section 2, Article XI of the Constitution of the State of Montana. All interest heretofore earned from escheated estates prior to the enactment of Chapter 184, Laws of 1943, shall be placed in the public school fund of the State of Montana. All money or property, which as at the time of the passage and approval of Chapter 184, Laws of 1943, in the hands of the State Treasurer, from escheated estates, including principal and interest earned thereon, shall be placed in the public school fund of the State of Montana and invested as a part of the Montana trust and legacy fund in accordance with the constitutional and statutory provisions applicable thereto. August 17, 1943
20- 110 A justice of the peace has no authority to "suspend" or remit a fine which he has imposed. August 18, 1943
20- 111 Where tax deed land rented for cash rental, all paid in advance, lease providing lessee would vacate in case of sale, there is no right in lessee to repayment on sale, and no right in purchaser to proportionate part of rent. August 23, 1943
20- 112 Claims for board of prisoners and other expenses, in connection with arrests made by state highway patrol must, in order to be allowed, be presented within time provided by appropriation bill. August 24, 1943
20- 113 When the army of the United States operates a slaughter house, its personnel slaughters cattle therein, and the meat from such slaughtered cattle is consumed by its personnel, the army comes within the provision of Section 3298.18, Revised Codes of Montana, 1935, as amended by Chapter 78, Laws of 1941, providing any person who kills beef or veal in good faith for his own use shall not be required to have such meat inspected or stamped and shall not be required to procure any license provided for in the act. August 25, 1943
20- 114 There is no violation of Section 11, Chapter 175, Laws of 1939, where the word "drugs" or similar name does not appear in advertised name of store, but words "drugs" is used in advertising wares sold in a particular department. August 26, 1943
20- 115 A grocery man who sells dress beef or veal from a refrigerator counter in his store is not a "meat peddler" within the provisions of Section 3298.16, Revised Codes of Montana, 1935, as amended by Chapter 42, Laws of 1943--but is, rather, within the definition of "butcher" as therein defined. August 27, 1943
20- 116 Counties may not enter into a contract with the federal government or any of its agencies under which the county obligates itself to make expenditures of county funds on obligations of the federal government, even though the county is reimbursed for such expenditure. Such act would be in contraversion of Section 1 of Article XIII of the State Constitution. August 28, 1943
20- 117 Legislation providing for the examination and detention of persons reasonably suspected to being infected with venereal disease is a proper exercise of the state's police power. Health officials may order persons reasonably suspected of having a venereal disease, examined and, in the event they have a venereal disease, detained until the disease has been treated or arrangements made for the cure of the disease and steps taken to protect the public from infection. Grounds for ordering the examination and detention may not be based on mere conjecture but must be reasonable and consist of either actual information of the existence of the disease furnished by a reliable informant, or the fact the suspected person is a prostitute, associates with prostitutes and indulges in promiscuous sexual intercourse. September 4, 1943
20- 118 A farmer who slaughters beef of his own raising for his own use and takes such beef into another county for storage in a cold storage locker rented for the purpose is not required to have such beef inspected before taking it into the other county. September 4, 1943
20- 119 Building and loan associations may not borrow from the Federal Home Loan Bank without the consent of the Superintendent of Banks of the State of Montana. September 8, 1943
20- 120 A justice of the peace who does not receive a fixed salary, should deduct the cost where a fine has been collected and remit the balance to the county treasurer; and in cases involving violation of the highway patrol act, the balance--after deducting the costs--SHOULD BE REMITTED THE THE STATE TREASURER. In cases involving violations of the fish and game laws, the justice of the peace must remit the total amount collected to the state game warden, and by the warden paid over to the State Treasurer and the costs are then collected from the state by the county, and the justice will then file a claim with the county. September 11, 1943
20- 121 Sections 2236 and 2237, Revised Codes of Montana, 1935, are only applicable where affidavit is filed before tax becomes delinquent. September 16, 1943
20- 122 Where purchaser of tax deed land did not stand on bid, but made no objection to land again being offered, and participated in second offering, becoming purchaser at higher price than first bid, he is legally bound to pay increased bid. September 17, 1943
20- 123 The twenty-five cent recording fee for each marriage certificate provided for in Section 34, Chapter 44, Laws of 1943 is to be remitted to the county treasurer and credited by him to the county general fund. September 18, 1943
20- 124 The fee of twenty-five dollars required to be paid by an applicant for admission to the bar, under Section 8950, Revised Codes of Montana, 1935, is not exempted under the provisions of Chapter 106, Laws of 1943. September 18, 1943
20- 125 Persons addicted to the use of drugs may be arrested, examined and committed to a hospital, including the state hospital at Warm Springs, for treatment under the provisions and procedure set out in Section 3195, Revised Codes of Montana, 1935. A person who is of unsound mind as a result of the use of drugs may be committed to the state hospital. The procedure to be followed in such a case is the same as in other insanity cases and the hearing is to be conducted in the manner prescribed by Sections 1431 to 1435, Revised Codes of Montana, 1935, as amended by Chapter 117, Laws of 1939, and Chapter 157, Laws of 1943. September 20, 1943
20- 126 Officers must refund salary increases which were paid under law thereafter declared unconstitutional. September 21, 1943
20- 127 Cooperative marketing associations--organized under Chapter 40 of Volume 3, Revised Codes of Montana, 1935--may not amend their articles of incorporation to permit the issuance of preferred share of stock. September 22, 1943
20- 128 Child under twelve years cannot be committed to State Industrial School. If commitment shows child is twelve years of age at time of commitment, he should be received in State Industrial School. September 22, 1943
20- 129 Government land becomes subject to taxation when right to patent is complete and equitable title fully vested in entryman. Taxes erroneously collected may be refunded, if claim therefor is made within time provided by Chapter 201, Laws of 1939. September 22, 1943
20- 130 No fee shall be collected for proceedings under Section 21-A of Chapter 44, Laws of 1943. Fees prescribed therein shall be collected for proceedings under Chapter 16, Laws of 1943. Proceedings under both chapters may be indexed in "index of suits" or in a separate index. September 23, 1943
20- 131 County commissioners are justified in rejecting claim for difference in statutory pay and actual pay, when claim is not presented for nine years after completion of services. September 23, 1943
20- 132 When a pupil lives more than three (3) miles from the nearest high school in the county of his residence, and more than one and one-half (1 1/2) miles from an established bus route operated by such high school, and closer to a high school of an adjoining county than to any high school located in the county of his residence, and when proper application has been made to the county superintendent of schools, not later than October 15th, by the parent or guardian of the pupil for whom such transfer is desired, the county superintendent must authorize such pupil's attendance. The county superintendent of schools may at his discretion require a pupil obtaining such transfer to attend the high school nearest his residence. In all other cases the county superintendent of schools may at his discretion authorize any eligible pupil to attend a high school in a county outside of his residence. September 24, 1943
20- 133 All money remaining from sales of lots on townsites on public domain after payment of expenses must be transferred to credit of school district in which townsite is located. September 27, 1943
20- 134 It is the duty of the Registrar of Motor Vehicles to apply the provisions of Section 2 of Chapter 129, Laws of 1937, to any person who shall by a final order or judgment have been convicted of operating a motor vehicle "while under the influence of intoxicating liquor or any drug or narcotic" as provided in subsection 42 of Section 8 of Chapter 199, Laws of 1943, or who shall be convicted of operating a motor vehicle "while in an intoxicated condition or under the influence of intoxicating liquor or any drug or narcotic" as provided in Section 1746.1, Revised Codes of Montana, 1935, as amended by Chapter 198, Laws of 1943. September 27, 1943
20- 135 By virtue of the provisions of Chapter 55, Laws of 1943, all powers and duties conferred upon the state blind commission by the provisions of Chapter 42, Laws of 1937, must now be exercised by the State Department of Public Welfare. September 28, 1943
20- 136 Where a county issues a warrant in payment of a claim by the banking department to the state treasurer and warrant is lost, the county may not insist on a bond before issuing a duplicate. We further hold that the word "person" as used in Section 4627, Revised Codes of Montana, 1935, does not embrace a state or government. September 29, 1943
20- 137 County clerk must prepare and look after all details in application for tax deed made by county. October 5, 1943
20- 138 The expenses of members of the Live Stock Commission do not come within the provisions of Section 459.1, Revised Codes of Montana, 1935, as amended by Chapter 92, Laws of 1941, and Chapter 139, Laws of 1943, but are allowed their actual expenses as provided in Section 3254, Revised Codes of Montana, 1935. The mileage allowed the members in traveling to and from the meeting is paid under the provisions of Section 4884, Revised Codes of Montana, 1935, as amended by Chapter 121, Laws of 1941. October 6, 1943
20- 139 The clerk of the court is without authority to make a charge for filing an application for a writ of habeas corpus and a sheriff may not charge the applicant service and mileage fees. October 7, 1943
20- 140 (a) Under the School District Budget Act (Section 1019.15, Revised Codes of Montana, 1935) each item in the district's budget constitutes an appropriation for a definite and specific purpose, and an appropriation for one purpose may not be paid out for another, except that a part of an appropriation for one item may be transferred to another when it appears that there is an excess appropriation for the one and a deficiency in the other. (b) When the enrollment of any elementary school district has increased during the school year to such an extent that it becomes necessary to employ an additional teacher and no provision has been made in the budget to care for such hiring, the trustees thereof may proceed, in any manner authorized by law, to levy taxes, raise funds, and make expenditures to meet and overcome such emergency. October 6, 1943
20- 141 The State Board of Health and county boards of health have the power and authority to make reasonable regulations applicable to the operators of cold storage food lockers which are leased to the public in the interest of the public health. October 8, 1943
20- 142 No acknowledgment required on a deed of land sold by State Highway Commission under Chapter 92, Laws of 1939, but deed should show it is made under said chapter. October 8, 1943
20- 143 No justice of peace fees should be withheld from fine imposed for violation of Highway Patrol Act (Chapter 199, Laws of 1943), where fine is imposed by justice of peace receiving regular salary. October 9, 1943
20- 144 A county is liable for the expense of each boy committed to the Montana State Industrial School at the rate of thirty-five cents a day and the fact that the boy is on parole does not relieve the county from such liability and this liability applies to boys committed to and in such school on July 1, 1943, the effective date of Chapter 156, Laws of 1943, and boys that are hereafter paroled. December 21, 1943
20- 145 No discrimination shall be made in payment of the state school transportation funds for Indian children. The state should seek federal reimbursement for expenditures of transportation funds for Indian children. Where a school is maintained in a district but one or more pupils reside at such a distance from the school that it would be more economical and desirable, instead of furnishing transportation or board for attendance at the school in such district, to furnish transportation or board in a private home or dormitory while attending school in another district, the schedule provided for in Section 7 of Chapter 152, Laws of 1941, may be altered by the county superintendent of schools, with the consent and approval of the State Superintendent of Public Instruction; provided that in no case shall the altered schedule allow more than twenty dollars ($20.00) per month for one child and five dollars ($5.00) per month for each additional child from the same family. October 14, 1943
20- 146 Gasoline sold at a military post exchange, for use by army personnel, is not exempt from payment of gasoline license tax. October 15, 1943
20- 147 Under this statute if all the claims aside from the claim of the state, amount to $500 and the funds of the estate are in excess of $500, then the preferred claims will be paid from the first $500, and the residue of the estate will be applied on the claim of the state, and/or any other claims in the same category or class as provided by Sections 8353 and 10307, Revised Codes of Montana, 1935 October 18, 1943
20- 148 Automobiles in dealer's hand, which he is unable to sell, by reason of being "frozen" by United States government, is subject to assessment and taxation. October 21, 1943
20- 149 Any member of soldiers' home wilfully violating regulations promulgated by board of managers, is subject to expulsion by the commandant, subject to members' right to appeal to the board of managers. October 22, 1943
20- 150 County clerks and sheriffs must pay into the county treasury the fees received fy them under Section 3417.6, Revised Codes of Montana, 1935, which statute provides for bounties upon certain predatory animals. October 22, 1943
20- 151 1. That the board without a hearing may revoke or suspend the license of a licensee for a violation of the provisions of either the Liquor Control Act, or the Montana Beer Act, upon conviction of the licensee or his agent, servant, employee or bartender, if the act of the latter was done in the court of his employment. 2. That it is the duty of the board, upon receiving information of the violation of the provisions of either act, whether such information comes from a record of conviction filed with the board, or otherwise, to investigate in order to determine if the facts are sufficient to bring the case within the authority of the board to revoke or suspend the license. November 9, 1943
20- 152 A member of a volunteer fire department abolished by the city government has no rights in the funds of the relief association. November 15, 1943
20- 153 A license tax cannot be imposed on an itinerant vendor who takes orders for out of state concerns who ship directly to the purchaser and that Section 2429.19, Revised Codes of Montana, 1935, does not apply to such a vendor. December 4, 1943
20- 154 A county which has paid the burial expense of an honorably discharged veteran as provided in Chapter 52, Laws of 1939, is entitled to be reimbursed by the county of which the deceased veteran was a bona-fide resident at the time of his death. A county is not liable for the burial expense under the provisions of Chapter 52, Laws of 1939, of an honorably discharged veteran who dies within the county but was not a bona-fide resident of the county or of the state of Montana. December 7, 1943
20- 155 Under Chapter 194, Laws of 1943, student who is honorably discharged veteran released from paying matriculation and registration free only. December 8, 1943
20- 156 Interpretation of Provisions of Chapter 22, Laws of 1943. December 11, 1943
20- 157 County attorney entitled to board and lodging under phrase "actual traveling expenses" in addition to actual transportation expenses. December 16, 1943
20- 158 When a vacancy in the office of supervisor occurs in a soil conservation district such vacancy shall be filled for the unexpired term by election and such election shall be held as any other election for supervisor is held in the district. December 29, 1943
20- 159 It is not mandatory for a county to sell tax deed land which has been lease if the county receives an offer to purchase the land for the appraised value, or an amount in excess of ninety percent of the appraised value. A lessee of tax deed lands whose lease has been terminated by a sale of the land has the right to enter upon the land after the termination of his lease for the purpose of cultivating and harvesting the crop which was planted prior to the sale of the land, and the purchaser of the land should be notified at the time of sale of such right. January 6, 1944
20- 160 A district court has not been granted the authority to make a record of a voluntary application for examination as to mental condition or order the commitment of a voluntary applicant under the provisions of Section 6, Chapter 157, Laws of 1943, until after a certificate has been made by the superintendent and physicians of the state hospital that the applicant is disordered in his mind. A sheriff has no legal authority to deliver a voluntary applicant to the state hospital until after a certificate has been made by the physicians of the state hospital that the applicant is disordered in his mind and an order of commitment made by the court. A sheriff may not collect the expenses of transportation for taking a voluntary applicant to the state hospital prior to an order of commitment. January 7, 1944
20- 161 Chapter 127, Laws of 1943, is not merely curative in nature but is an additional method of reviving, renewing, or extending the term of corporate existence of corporations falling within the provisions thereof. January 12, 1944
20- 162 Taxes assessed and becoming delinquent against state lands sold on contract and the contract having been cancelled the taxes are cancelled also. January 13, 1944
20- 163 County attorney shall prosecute crime of trespass as set forth in paragraph 1 of Section 26, Chapter 208, Laws of 1939, but shall not act under paragraph 2 of said Section 26 of said act. January 14, 1944
20- 164 A board of county commissioners, may, if in their sound discretion determine that is may be done without detriment to the public interest, discontinue a street or alley, or a portion thereof, in an unincorporated town or village, upon a petition in writing signed by all the owners of lots on such streets or alleys, under Chapter 1, Laws of 1941. January 15, 1944
20- 165 The State Board of Health has no jurisdiction to make and enforce the rules and regulations as to the operation of locker plants, unless certain standards of operation in such plants are necessary to prevent disease. January 17, 1944
20- 166 Recovery of taxes paid on an unlawful levy can be recovered under the provisions of Section 2269, Revised Codes of Montana, 1935, which is an exclusive remedy. January 18, 1944
20- 167 It is not compulsory for an irrigation district to operate within the provisions and under the conditions of the Workmen's Compensation Act. January 21, 1944
20- 168 On the authority of the previous opinions the members of the board of county commissioners are entitled to mileage for three round trips from their respective place of residence to the county seat of they actually travel between their homes and the county seat for each called meeting as set forth in the first paragraph of this opinion. January 24, 1944
20- 169 Boards of county commissioners, under the terms of Chapter 171, Laws of 1941, are required within six months after acquiring any land by tax deed to enter an order of sale. January 25, 1944
20- 170 The names of children in state institutions are carried on the records of the census of the school district where they last resided, before attending the state institution, and where their parents reside. The state's apportionment of moneys to the various counties for the use of the public schools is made on the basis of "classroom units and pupil attendance" and the counties apportion their public school money to the various school districts on the basis of the school census, which includes children in state institutions who are residents of the districts. January 26, 1944
20- 171 That a dealer who sells only reconditioned automobile motors is not a dealer in used motor vehicles, but is a dealer in automobile accessories. January 28, 1944
20- 172 A clerk of court is without authority to charge a fee for filing a transcript on appeal from a police court in a criminal case. January 29, 1944
20- 173 No child under the age of sixteen years may be employed during those hours of the school term when schools are actually in session, except that a child over the age of fourteen years may be employed during the hours of the school term when schools are actually in session provided such child obtains an age and schooling certificate as provided in Section 1136, Revised Codes of Montana, 1935, showing such child has successfully completed the eighth grade, or that the wages of such child are necessary for the support of the family, except that no child may be employed at any time in those occupations prohibited by Section 3095, Revised Codes of Montana, 1935. No child under the age of twenty-one years may be employed as a bartender, waiter, or waitress, whose duty is to serve customers purchasing liquors, beer or wines in any establishment which sell liquors, beer or wines at retail. February 4, 1944
20- 174 1. Coroner may order autopsy in inquest cases, when in his judgment it is necessary to determine cause of death. 2. Body of person dying without attending physician may be removed without order of coroner, unless coroner has taken charge, but cannot be removed in violation of Chapter 44, Laws of 1943. February 10, 1944
20- 175 The legislature has not given the authority to the State Examiner to prescribe and supervise the methods of accounting of cities operation under the commission manager plan of government, nor has the legislature made it his duty to make an annual examination of the books of such cities and such cities are not required to pay the fee provided for in Section 6014.79, Revised Codes of Montana, 1935. February 11, 1944
20- 176 After commitment of a boy to State Industrial School the court which committed him loses jurisdiction. February 19, 1944
20- 177 That the county commissioners have no authority to disagree with the appraisal by the state veterinary surgeon or his deputy or agents of stock ordered to be destroyed under the provisions of Sections 3271-3279, Revised Codes of Montana, 1935, as amended, unless the appraisal is in excess of the maximum set forth in the statutes. February 21, 1944
20- 178 Word "destroyed" as used in Paragraph 9 of Section 3278, Revised Codes of Montana, 1935, means killed; owner of condemned stock must kill the same, or know that the same have been killed within sixty days in order to qualify for indemnity. The sixth days mentioned in Paragraph 9, supra, means sixty days from time owner is notified that stock must be destroyed by order of the livestock sanitary board. February 23, 1944
20- 179 That taxpayer or successor in interest who purchases land to which county has taken tax deed before county sells same, as provided in last sentence of Section 1 of Chapter 171, Laws of 1941, must pay all irrigation district taxes and assessments against said land in addition to the county and state taxes. February 24, 1944
20- 180 School districts maintaining elementary schools, or which provide transportation to a school in another district, are entitled to reimbursement from the fund provided by the tax levy authorized by Section 1202, Revised Codes of Montana, 1935, in the amount of one-third of the actual cost of transportation prior to the apportionment of the fund under the provision of Section 1204, Revised Codes of Montana. 1935. February 25, 1944
20- 181 The question of whether a school nurse may be a member of the teachers retirement system should be determined by the members of the board of the teachers retirement system. February 26, 1944
20- 182 Nurses are covered by the teachers retirement system. February 26, 1944
20- 183 An officer may make a search and seizure without a warrant when he has probable cause to believe that an offense is being committed. March 3, 1944
20- 184 The per capita cost per high school pupil given for budgeting as provided for under the provisions of Section 1263.5, Revised Codes of Montana, 1935, as amended, and also taking into consideration the provisions of Section 1, Chapter 191, Laws of 1943, may be increased and spent for high school purposes. March 3, 1944
20- 185 There is no violation of the Nepotism Act in retaining employee herein mentioned under facts presented. March 6, 1944
20- 186 The Montana Soldiers' Home is not compelled to defray the cost of burial expenses of deceased women inmates of the home where they have relatives as defined in Section 11034, Revised Codes of Montana, 1935, who have sufficient means to defray the necessary expenses. However, where there are no relatives, the expense of burial of deceased women inmates must be paid by the Montana Soldiers' Home. March 7, 1944
20- 187 The chief of police or any other officer of an incorporated city is not entitled to a witness fee for attendance in an insanity hearing. March 8, 1944
20- 188 County clerk and recorder must file deeds duly executed regardless of whether plat as required by Section 4993, Revised Codes of Montana, 1935, is on file or not. March 9, 1944
20- 189 There is not a transfer of title to a motor vehicle between a deceased and his estate and a new certificate of title running to the estate need not be secured in order to secure license plates. March 10, 1944
20- 190 The board of county commissioners is without authority to issue anticipatory warrants against the fund to be created by the revenue to be derived from collection of the license under the provisions of Chapter 206, Laws of 1943. March 16, 1944
20- 191 The board of county commissioners does not have authority to authorize a transfer in the probation officer's budget from the salaries and wages account to the capital account. March 17, 1944
20- 192 That the amount of benefit allowance to be paid a member of a fire department relief association for disability from sickness or injury incurred in line of duty is within the discretion of the association, which may legally provide therefor in its bylaws. The rate of retirement pension provided under Section 5132, Revised Codes of Montana, 1935, is based on the amount of monthly compensation or acceptance of service pension, even though at such time a temporary increase in compensation was in effect. March 27, 1944
20- 193 Chapter 142, Laws of 1943, when construed in connection with Chapter 208, Laws of 1943, contemplates that a course of study and training with reference to the discovery and education of exceptional children is to be available to the students in the Normal School at Dillon. March 28, 1944
20- 194 It is unlawful to sell or give away beer to a person under the age of twenty-one years. March 29, 1944
20- 195 A state soil conservation district has no authority to purchase lands of a private corporation in the process of liquidation if a part of the purchase price will be the assumption by the soil conservation district of the obligations of the corporation. March 31. 1944
20- 196 The petitioner for the appointment of a guardian of an incompetent person must in every instance tender to the clerk of the court the statutory filing fee. April 1, 1944
20- 197 The amount of indemnity paid by the federal government or other agency other than the state or county for animals killed under order of the Livestock Sanitary Board, is to be deducted from the amount the indemnity which the state and county is authorized by law to pay and not from the appraised value, or of seventy five percent thereof as the case may be, unless the balance of the appraised value or seventy five percent thereof is less than the amount the state and county are authorized by law to pay, in which cases it would be deducted from the balance of the appraised value or the seventy five percent thereof. April 5, 1944
20- 198 County commissioners have not been given authority to sell oil, gas and mineral reservations retained under the provisions of Chapter 171, Laws of 1941, except as it is produced and saved from the land. April 8, 1944
20- 199 1. A school board may utilize the ten per cent increase of the limitation on a high school budget permitted under the provisions of Section 1, Chapter 191, Laws of 1943, when there is an anticipated increase in amounts required for salaries and other operating and maintenance cost. 2. Free textbooks are to be furnished in high schools, but there may be no special textbook levy as Section 1199, Revised Codes of Montana, 1935, was repealed by the adoption of the High School Budget System, Chapter 188 of the Political Code. 3. (a) Section 1263.5, Revised Codes of Montana, 1935, as amended, and Section 1, Chapter 191, Laws of 1943, limit the amount of a high school budget to be raised by the county-wide tax levy provided by Section 1263.11, Revised Codes of Montana, 1935, as amended, and Section 2, Chapter, 191, Laws of 1943. (b) A high school with a maximum budget limitation of $126.50 may not budget for a greater amount unless authorized by a vote of the district under Sections 1219 to 1223, Revised Codes of Montana, 1935. (c) Section 1263.11, Revised Codes of Montana, 1935, as amended, and Section 2, Chapter 191, Laws of 1943, does not authorize a larger budget than that permitted by Section 1263.5, Revised Codes of Montana, 1935, as amended, and Section 1, Chapter 191, Laws of 1943. April 11, 1944
20- 200 The expense, if any, incident to the hiring of a teacher is chargeable to the school district and not the county. April 13, 1944
20- 201 The county in which an owner is and resides and the animal is at the time it was determined to be affected with a disease, shall be liable for the portion of indemnity payable by counties under the provisions of Chapter 75, Laws of 1943. April 14, 1944
20- 202 It is necessary to hold an election to authorize the board of trustees of a consolidated high school district to use the money in the district building fund which fund is not composed of taxes collected for the current year, for the construction of a school auditorium. All the qualified voters in the district are eligible to vote at the election although the district comprises a portion of two counties. April 15, 1944
20- 203 The provisions of Section 644, Revised Codes of Montana, 1935, is the law applicable to the time of filing petitions by candidates for the primary election to be held July 18, 1944; and Section 648, Revised Codes of Montana, 1935, is the law applicable to the procedure your office is to follow in arranging the names on the ballot and certifying to the count clerks for said primary election. April 17, 1944
20- 204 1. The board of trustees of a school district of the first class may appoint as many truant officers, of either sex, on a full or part time basis as are necessary. 2. A truant officer may enforce school attendance on children who have completed the eighth grade if such children are not over the age of sixteen years and not holders of certificates provided in Section 1136, Revised Codes of Montana, 1935, excusing attendance. 3. A truant officer does not have jurisdiction over the working conditions of children except in connection with their morals and good conduct, and as regards their attendance as provided in No. 2 hereof. April 20, 1944
20- 205 County commissioners must give notice provided for in Chapter 147, Laws of 1943, to all lessors, when selling under provisions of Section 4, Chapter 171, Laws of 1941, regardless of when lease made. May 5, 1944
20- 206 (1) Contracts, regardless of the nature thereof, for the purchase of lands from counties entered into by persons since entering military service, draw interest at the contract rate, if such rate is not over six per cent, and the counties have no authority to accept installment payments without the payment of interest. (2) Contracts entered into between the counties and persons now in military service for the purchase of real estate may only be cancelled by court actions and the courts may order the repayment of installments paid, or may stay proceedings upon its own motion, and shall stay such proceedings upon the motion of the person in service or someone in his behalf, unless the court determines that the military status of such person does not affect his ability to pay. (3) Persons not in military service who are joint principals on a county purchase contract with a person now in military service are not protected by the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments of 1942, but the county in terminating such interests must not interfere with the rights of the person in military service. (4) That all tax proceedings, including the taking of tax titles for the collection of taxes owing by persons in military service on real or personal property, must be by court action and in any event the person in military service has six months after he is discharged, (not longer however than six months after the termination of the Soldiers' and Sailors' Civil Relief Act), within which to redeem or commence action to redeem property taking for payment of taxes. May 8, 1944
20- 207 The storage rates fixed by Section 3579, Revised Codes of Montana, 1935, do not apply to mustard seed, and the rates charged for the storage of mustard seed are a matter of contract to be determined by the parties. May 9, 1944
20- 208 County assessor must keep separate tax lists for personal property of mortgagor on personal property making up first $1,000.00 of taxable valuation and all personal property making up an excess valuation, if mortgagee complies with Subsections (b) and (c) of Chapter 97, Laws of 1937. Subsection (b) and (d) of Chapter 97, Laws of 1937 are separate and distinct remedies of the mortgagee. Assessor may use his own judgment in listing the personal property making up the first $1, 000.00 worth of taxable valuation under the provisions of Subsection (b) of Chapter 97, Laws of 1937, as long as he does not act arbitrarily. May 10, 1944
20- 209 A city or town does not have authority to appoint its own supervisor and provide funds for a weed control and weed seed extermination district, under the provisions of Section 8, Chapter 195, Laws of 1939. May 11, 1944
20- 210 A board of county commissioners may hold a meeting on a legal holiday or a Sunday and transact county business if the business transacted is in the interest of the county and because of an emergency may not with safety be postponed. But in order to claim per diem, the meeting must be a legal meeting of the board, attended by at least a majority of the board. A board of county commissioners may not delegate its authority and duty to determine rate of rent of county properties, determine which county properties should be repaired, and how and to what extent, all of which require the judgment and discretion of the board itself. May 12, 1944
20- 211 Under the provisions of Section 786, Revised Codes of Montana, 1935, the county clerk has not the authority to give old election ballots to the scrap paper drive, but the clerk must burn the same without opening the packages. May 19, 1944
20- 212 Under Section 5, Article XVI of the Constitution, as amended, an appointee to fill a vacancy in a county office holds office until the next general election. A county officer elected to fill a vacancy holds for the unexpired term under the provisions of Section 5, Article XVI of the Constitution, as amended. A person who has been appointed to fill out the unexpired term of a county treasurer 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, Article XVI of the Constitution, as amended, 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. Under Section 5, Article XVI of the Constitution, as amended, the elected holder of a full term of the offfice of county treasurer may not be a candidate for the office until a full term of four years has elapsed. May 20, 1944
20- 213 Lessee of lands leased under the provisions of Section 5, Chapter 171, Laws of 1941, has no preferential right to purchase the leased lands at the original appraised value, if the commissioners sell the land at public sale after a reappraisement and readvertising. May 22, 1944
20- 214 Fines for violation of highway patrol act and other rules and regulations relating to the use of state highways and the operation fo vehicles thereon when the arrest or apprehension is made by a highway patrolman shall be paid to the state treasurer and by him credited to the general fund of the state of Montana. May 24, 1944
20- 215 Counties upon sale of lands secured through tax proceedings may not reserve more than 6 1/4% royalty interests in the gas, oil and minerals produced and saved from said lands. May 29, 1944
20- 216 County commissioners have no authority to exchange royalty interests reserved under paragraph two of Section 2, Chapter 171, Laws of 1941, for other royalty interests or at all. May 31, 1944
20- 217 State livestock used in the experiment stations of the state of Montana, come within the exception (c) found in paragraph four of Section 1 of Chapter 59, Laws of 1943, and need not be inspected before being transported from one experimental station to another. June 8, 1944
20- 218 An election held to fill a vacancy in the office of county treasurer is a special election and candidates for the election may be nominated either under the provisions of Section 612, Revised Codes of Montana, 1935, or under the provisions of Section 615, Revised Codes of Montana, 1935. Candidates for a special election cannot be nominated under the provisions of the general primary law, Chapter 65, Volume 1, Revised Codes of Montana, 1935. June 9, 1944
20- 219 The term of office of an acting public official who was appointed to office during the absence in military service of the elected officer is for the unexpired term of the elected officer. A permanent vacancy of the office does not occur by the induction into military service of an elected officer. June 10, 1944
20- 220 A candidate for county commissioner must have resided within the county commissioner district which he seeks to represent for at least two years next preceding the time when he shall file his nominating petition or his certificate of nomination (Section 615, Revised Codes of Montana, 1935). The clerk and recorder has no authority to pass on the qualification or eligibility of any candidate for office other than as to the sufficiency of the nominating petition or certificate of nomination. June 12, 1944
20- 221 Money realized from the sale of school buildings shall become a part of the funds available for use of the school district in the next school year and be used for the purposes of the next ensuing budget. June 14, 1944
20- 222 The appointment by your sheriff of a deputy sheriff in addition to the under sheriff, on January 3, 1943, was legally authorized. The deputy sheriff is now legally acting and has a right to his compensation. June 26, 1944
20- 223 County commissioners have authority to lease fair grounds and buildings thereon as authorized under Section 4513.3, Revised Codes of Montana, 1935 and the county fair commission may lease the same for periods when fairs are actually in session. July 7, 1944
20- 224 The salary of a night watchman employed for the purpose of more efficient fire protection for the district, is a proper use of money raised from the tax levy authorized by Section 5148, Revised Codes of Montana, 1935. July 8, 1944
20- 225 County commissioners may if they determine the same to be for the best interests of the county, and in their sound discretion, provide for leaves of absence or annual leave with pay for the county employees who are hired on a day or hourly basis, provided the leave fairly applies to all employees and is not discriminatory. July 10, 1944
20- 226 Hoisting engineer on any shaft, slope or drift at any coal mines in Montana must be in constant attendance at his engine during working hours when there are workmen underground and may not be assigned any other duties during which time that would interfere or detract from his duties as hoisting engineer and could not leave the attendance of his engine or any time during his shift as such hoisting engineer be out of earshot of signals which might come from the workmen underground. July 10, 1944
20- 227 The board of county commissioners may not delegate to the county clerk and recorder or any other officer, agent or employee of the county authority to consummate leases or sales of lands taken by the county through tax deed proceedings. Both real and personal property tax liens against real estate are extinguished by sale of the lands for taxes and purchasers from the county under the provisions of Chapter 171, Laws of 1941, take such real estate free of any tax lien, either real or personal, assessed or levied prior to the county taking tax deed. July 13, 1944
20- 228 County treasurer must issue license plates to motor vehicle owners upon the presentation of the immediately previous registration receipt issued by the registrar of motor vehicle, or an affidavit upon a form prescribed by the registrar, stating under oath that the vehicle had not been operated on the highway of the State of Montana during the immediately previous year, and the treasurer has no further authority or duty to question either the receipt or the affidavit further than to determine that it is on the regulation form. July 20, 1944
20- 229 Money expended for medical aid and hospitalization furnished to a person during his lifetime under the provisions of Sections 4525, 4526, or 4465.4, Revised Codes of Montana, 1935, or Chapter 82, Laws of 1937, or amendments thereto, if not given as a part of "Old Age Assistance," is not recoverable by the county from the estate of the recipient for such aid, and the claim of the county for reimbursement for the money expended is not a valid claim against the recipient's estate. July 22, 1944
20- 230 If the county clerk canceled the registration of a person, except military personnel, who voted by absent voters' ballot at the general election in 1942, prior to the 5th day of March, 1943, such voter must appear personally before some registrar in the county and reregister in accordance with the provisions of Chapter 147, Laws of 1941, or register as provided by Chapter 190, Laws of 1943. July 26, 1944
20- 231 The Secretary of State need not telegraph the various county clerks of the state of Montana, within 24 hours after the canvass of the returns for state offices shall have been completed of any primary election, but should use every means possible to facilitate the early receipt by such clerks of the full list of candidates whose names may be printed on the official ballot, all of whom will not be known until after the final date for independent and minority party nominations. July 27, 1944
20- 232 Authority of city council voted by electors in accordance with law to make a levy of taxes in an amount in addition to that provided by law in order to pay an increase in wages of firemen and policemen deemed necessary because of conditions caused by the prosecution of the war and to preserve the peace, health and safety of the people, may be exercised by the council within its sound discretion, so long as such necessity exists, without resubmission to the electors. July 29, 1944
20- 233 Bounty under the laws of the state of Montana, is not payable on unborn young of predatory animals, found within the body of the female animal. July 29, 1944
20- 234 Persons who file nominating petitions are not entitled to repayment of filing fees on withdrawal in the state of Montana. August 1, 1944
20- 235 A school district is not authorized to levy an extra tax and accumulate a building fund to be used after the war for construction purposes. Funds of a school district not expended during the school year lapse and are included in cash on hand for the subsequent school budget. August 3, 1944
20- 236 A school district may not issue warrants in anticipation of monies for which there has been no tax levy made. August 3, 1944
20- 237 County commissioners are not entitled to vacations with pay, but their compensation is limited and fixed within the strict confines of Section 4464, Revised Codes of Montana, 1935, as amended by Chapter 176, Laws of 1939. August 8, 1944
20- 238 County commissioners entitled to seven (7) cents per mile for distance necessarily traveled in going to and returning from the county seat and place of residence for attendance of sessions of the board of county commissioners. August 8, 1944
20- 239 Person filing petition for general letters of administration of estate who had previously paid fee for filing petition for special administration must pay filing fee for filing petition for general administration. August 9, 1944
20- 240 A parent who resides in two school districts for a portion fo each year and earns his living in one district is a resident of the district where he earns his living in regard to the application of Chapter 203, Laws of 1943. It is mandatory, under the provisions of Chapter 203, Laws of 1943, that the school district in which a child resides and who attends school in another district with requisite authorization, pay the actual cost of education. The trustees of a school district have discretionary power to furnish transportation but if they furnish transportation to any, they must furnish to all. It is not mandatory for a school district to pay the actual cost of educating a child who attends school in another district unless such child has been authorized to do so by the county superintendent of the county of the child's residence and the board of trustees of the district which he intends to attend school. School trustees do not have the authority to furnish transportation to a child who lives less than three miles from an elementary school, except in the above authorized cases. August 14, 1944
20- 241 That the registrar of motor vehicles has no authority to record a mortgage, etc., on a motor vehicle unless the certificate of ownership is presented, and may not record a mortgage even if certificates of ownership are presented for some of the motor vehicles included in the mortgage. August 15, 1944
20- 242 1. The county clerk must provide for each election precinct in the county ten or more than an equal number of ballots as there are electors registered in the precinct. If there is no registry in the precinct, the county clerk must provide ballots equal to the number of electors who voted at the last preceding election in the precinct, unless in the judgment of the county clerk a greater number be needed, but in no case to exceed one and one-half times as many as the number of registered voters in the precinct. 2. After ballots are printed as outlined above, rotation thereof must be in accordance with the provisions of Section 681, Revised Codes of Montana, 1935, as amended. 3. Independent candidates' names are always placed after and below those of the major parties. 4. Any elector in military service eligible to vote under the provisions of Chapter 101, Laws of 1943, may cast his vote at any time after the ballots have been printed, whether he be present in or absent from the county. In such case, the clerk should retain the ballot as provided by Chapter 101 until delivered to the election judges, and notify the secretary that such elector has voted. August 21, 1944
20- 243 In the preparation of an elementary school transportation budget, the school board of budget supervisors may consider and anticipate the one-third reimbursement from the state. There is no authority for the board of county commissioners to make a county-wide levy for the transportation budgets fo all the school districts in addition to that provided by Section 1202, Revised Codes of Montana, 1935. If the county has levied its full eight mills to provide its one-third share, and if the district has provided its third, the state is obligated to pay its one-third of the actual cost of transportation even though the amount raised by the county eight mill levy is not sufficient to provide its one-third share. August 22, 1944
20- 244 Vocational rehabilitation board may allow payments for maintenance from state funds in any amount, not to exceed the statutory limitations; make payments for maintenance in amounts in excess of statutory maximums; but the amount of such payments, which is in excess of the maximum provided by statute must be paid from federal funds only; may not use federal funds in payments to dependents. August 25, 1944
20- 245 1. The board of trustees of a third-class school district, maintaining both grade and high school, has power to rent or lease from a private corporation a building to be used for both grade and high school purposes. 2. Trustees of a grade school may bind themselves and their successors for the payment of rent of a school building for not longer than a period of one year. Trustees of a high school may bind themselves and their successors for the payment of rent of school building for as long as three years if a majority of the electors of the district approved the same, and for not longer than one year without the approval of a majority of the electors of the district. 3. It is not mandatory that the superintendent of public instruction approve rental arrangements. 4. Where a building to be rented to the trustees of a grade and high school is to be built by a private corporation at its own expense, on its own land, for the purposes of being rented to the district, it is not mandatory that the plans and specifications be submitted to the authorities designated under the provisions of Section 1262.73, Revised Codes of Montana, 1935. However, such plans and specifications should as a matter of courtesy and judgment be submitted to said authorities. This is advisable in the light that schools should not be maintained in a building that is not properly heated and ventilated with proper lighting facilities. August 31, 1944
20- 246 A board of county commissioners may use money of the bridge fund for the purchase of a truck or other equipment to be used in maintaining the bridges of the county, if within the exercise of a sound discretion this is reasonably necessary for such purpose. September 7, 1944
20- 247 Stock inspector shall take up all estrays found within his district whether the same are found within general herd district or not. September 8, 1944
20- 248 Alien property custodian of the United States of America must pay filing fees upon filing suits in the Supreme Court of the State of Montana. September 9, 1944
20- 249 The county commissioners shall appoint a deputy registrar for each precinct in the county in accordance with Section 557, Revised Codes of Montana, 1935, as amended by Chapter 172, Laws of 1937. September 11, 1944
20- 250 A claim for the construction of a telephone line to the residence of a county official is not a proper claim against the county. September 19, 1944
20- 251 A school district may not legally pay board and room in lieu of transportation of students residing in the district who attend school outside the state unless the board of trustees of the district have deemed it for the best interest of the pupil, the superintendent of school of the county has given consent, and the school without the state attended by the pupil is within a school district that joins the Montana school district in which the pupil resides. September 22, 1944
20- 252 A county may sell bonds for the purpose of acquiring a site for an airport and the commissioners must determine before submitting the question of the issuance of the bonds to the taxpayers that a one mill levy on the taxable property of the county is insufficient for such purchase. County airport bonds must be issued in conformity with Sections 4630.1 to 4630.33, Revised Codes of Montana, 1935, as amended, and a petition is the initial step in the bond proceedings. Qualified, registered electors who are taxpayers and whose names appear upon the last completed assessment roll are eligible to vote on the question of the issuance of county airport bonds. September 29, 1944
20- 253 Undeveloped oil and gas rights pass under a legally taken tax deed to the surface rights even though the owner of the oil and gas rights and the owner of the surface rights are separate persons, and regardless of when such rights were acquired, subject only to proper value of the tax proceedings, having been given to record owners. October 6, 1944
20- 254 The petition for weed control and weed seed extermination district must contain description of each piece of land within the same, together with name of record owner thereof, and if one or more persons owning lands within said district object the hearing on the creation of the district must be postponed until the owners of 51% of the agricultural lands within the district have filed with the commissioners their written consent to the formation of such district. October 7, 1944
20- 255 County levies of tax for building or maintaining, or both, of an airport within the county should be assessed against all the taxable property of the county, including property within incorporated cities or towns, regardless of whether the county is acting jointly with one or more incorporated cities or towns or acting individually. October 9, 1944
20- 256 If the statute designating the punishment for any particular crime or infraction of the law of Montana does not specifically authorize the assessment of costs upon conviction the defendant may not be assessed with costs. November 10, 1944
20- 257 Where the facts existing show a child eligible for inclusion on the census list and thereby entitled to attend school in the district without the payment of tuition, this right may not be denied because his name has erroneously been stricken and his apportionment erroneously credited to another district. November 16, 1944
20- 258 A non-resident of Montana is liable for the payment to this state of an income tax on his Montana income in accordance with Montana income tax law. November 18, 1944
20- 259 The provisions of Section 260, Revised Codes of Montana, 1935, do not require the purchasing agent in letting contracts for printing for the Department of Public Welfare to give a preference to printers within the state of Montana over printers without the state of Montana, provided the printing offered from without the state is of equal quality and offered at a lower bid; the printing in either instance is to bear the union label as provided by Section 260. November 30, 1944
20- 260 If streets of unincorporated towns or villages in Montana, not a part of an arterial highway, are public highways, under the provisions of Section 1612, Revised Codes of Montana, 1935, they are subject to the speed restrictions set forth in Chapter 199, Laws of 1943. December 1. 1944
20- 261 The county treasurer is entitled to seven cents per mile mileage in connection with his duties under Chapter 200, Political Codes, Revised Codes of Montana, 1935, but in any other instance wherein he is entitled to mileage in the performance of his official duty he is entitled to only five cents per mile mileage unless there be special provisions in the statutes providing for a higher or lower rate of mileage. December 2, 1944
20- 262 When sheriff is appointed by the treasurer as deputy treasurer to levy upon and sell personal property for taxes, the sheriff has no discretion in whether to act or not, but must act in accordance with Section 2239, Revised Codes of Montana ,1935, as amended. December 4, 1944
20- 263 No public officer under the laws of Montana may hold two incompatible offices at the same time. The offices of clerk and recorder and county commissioner are incompatible. The acceptance by a public officer of another office incompatible with that held by such officer acts as a resignation of the first office. By acceptance is meant qualification in the manner provided by law and induction and actual assumption of the second office. No vacancy in the first office, which would authorize an appointment, occurs until the officer qualifies for and is inducted into and actually assumes the second office. Appointment to fill a vacancy in a county office is made by the commissioners acting as a board and not by them individually. December 5, 1944
20- 264 Soil conservation districts duly incorporated under the provisions of Sections 4, 5, 6, 7, 8, 9 and 10 of Chapter 157, Laws of 1937, have a right to the refunds or drawbacks provided for in Section 2394.4, Revised Codes of Montana, 1935, as amended. December 14, 1944
20- 265 Under the provisions of the Unemployment Compensation Law as it now exists, the commission has no authority to enter into reciprocal agreements with any other state for the payment of benefits other than under the circumstances as specifically set forth in Subsection (j) of Section 11 of the said act. December 15, 1944
20- 266 The county commissioners may not let a contract for the care, support and maintenance of the poor and indigent sick and infirm at any time other than June of any year; the commissioners may abandon the method being used in caring for the poor and adopt the other method provided by statute; when the county poor farm has been abandoned for use in caring for the poor, the county commissioners may lease the property under the provisions of Section 4465.27, Revised Codes of Montana, 1935, as amended by Chapter 152, Laws of 1937. December 22, 1944
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