Attorney General’s Opinions

Volume 24

Opinion Held Date
24- 1 The employees of the Legislative Assembly are employees of the State of Montana, and are entitled to annual vacation leave with full pay at the rate of one and one-quarter (1 1/4) working days for each month of service. January 22, 1951
24- 2 Once the budget has been approved the city council may not increase the salaries of firemen and policemen, unless an emergency is declared to exist. The law provides that the city council must determine if there is an emergency. January 23, 1951
24- 3 An employee who is a member of the Public Employees Retirement System and who is also covered by Industrial Accident Insurance shall be eligible to draw benefits from the Industrial Accident Board and shall also be entitled to whatever retirement allowance is payable under the circumstances of his case. The benefits paid to an injured workman by the Industrial Accident Board are entirely separate and distinct from any payments made out of the retirement fund and the Public Employees Retirement Board may not subtract benefits paid by the Industrial Accident Board when computing the retirement allowance to be paid by the Public Employees Retirement System. February 15, 1951
24- 4 An architect's fee for drawing plans and specifications for, and supervising the construction of a school building may be paid from the proceeds of the funds realized from the sale of bonds for the construction of such a building. February 24, 1951
24- 5 (1)  When a purchaser of either agriculture or grazing land, owned by the State, surrenders his certificate of purchase for cancellation, the improvements the purchaser bought from the former lessee may be removed from such land at any time within ninety (90) days from and after the date of such cancellation. But, if such improvements are not removed within the ninety (90) day period, they shall become the property of the State of Montana.  (2)  When either agriculture or grazing land, owned by the State, which was inder lease at the time it was sold, is turned back to the State by the purchaser neither the purchaser nor the former lessee have any preferences in a subsequent lease when thirty (30) days or more have elapsed after the proper termination of the former lease, nor does the former lessee's lease continue to be in effect. March 10, 1951
24- 6 The Compensation of the commissioners in an eminent domain proceedings must be paid by the party seeking to condemn the property. March 12, 1951
24- 7 That a majority of the board of trustees of a school district may be elected at the annual election when one of the trustees so elected will fill the unexpired term resulting from a vacancy in the office. March 20, 1951
24- 8 The Commissioned officers of the Montana Air National Guard Squadron are eligible for the uniform allowance which is paid annually on the first day of April of each year even though the Squadron has been alerted for Federal Service as of April 1, 1951. March 21, 1951
24- 9 Chapter 136, Session Laws of 1951, which makes it mandatory for boards of county commissioners to fix the salaries of undersheriffs and deputy sheriffs at a fixed percentage of the salary of the officer under whom they serve does not violate Article V, Section 26 nor Article V, Section 31 of the Montana Constitution. March 28, 1951
24- 10 (1)  The board of county commissioners, while having the power to authorize the appointment of a stenographer in the office of the county attorney when such stenographic service is necessary to properly discharge the duties of that officer does not have the power to make the appointment.  (2)  The county attorney only has the power to appoint a stenographer to work in his office.  Hence, the Section 59-519, R.C.M., 1947, known as the Nepotism Law, prohibits the county attorney from appointing his wife as a stenographer as they are related within the first degree of affinity.  (3)  If the board of county commissioners has the power to appoint assistants to other county officers, it could appoint a relative of that officer to the position as the Nepotism Law only applies to the appointing power.  However, such action on the part of a board of county commissioners would have to be independent of any agreement or promise entered into between the board and other county office. March 28, 1951
24- 11 When the county treasurer pursuant to Chapter 44, Laws of 1949, has submitted to the board of county commissioners a list of personal property taxes which are not a lien on real estate and which have been delinquent for ten years or more it is mandatory that the board of county commissioners make its order cancelling all such personal property taxes contained in such list, as corrected. That the board of county commissioners pursuant to said Chapter 44, does not have the power to cancel some of these personal property taxes and require the county treasurer to attempt to collect others. April 13, 1951
24- 12 That the members of boards of county commissioners may be paid only eight dollars per day and their actual expenses while inspecting highways, notwithstanding the fact that they are entitled to ten dollars per day for each day's attendance at sessions of the board. April 20, 1951
24- 13 When selling personal property of the State of Montana it is legally possible to allow counties and municipalities an opportunity to bid on such property before it is submitted for sale to the general public. April 24, 1951
24- 14 That a clerk of the district court, elected in 1948 to a term commencing January 1, 1949, is not entitled to a raise in pay under Chapter 150, Laws of 1945, amended by Chapter 91, Laws of 1947, as a result of a resolution of the Board of County Commissioners in September, 1950, establishing higher population and taxable valuation figures than those established in 1948. April 28, 1951
24- 15 Ambulance charges incurred in the transportation of an injured workman to a hospital in order to afford him proper medical care are reasonable medical charges under Section 92-706, Revised Codes of Montana, 1947, as amended by Chapter 41, Montana Session Laws, 1949. April 30, 1951
24- 16 The word "bi-annually" used in Section 1, sub-division (a) of Chapter 135, Session Laws of 1951, is an obvious error, and the word "biennially" should be substituted therefore in order to give effect to the manifest intention of the Legislature. May 2, 1951
24- 17 Under the provisions of Section 3-2404, Revised Codes of Montana, 1947, Milk sherbet mix, when manufactured and sold as such, must contain at least 0.35% of acid. May 11, 1951
24- 18 The State Board of Public Welfare has power to make such rules and regulations as are necessary and reasonable to expedite the approval of applications which rules and regulations are binding upon County Welfare Boards. May 21, 1951
24- 19 (1)  The various agencies and governmental departments are compelled to be bound by Plan Three of the Workmen's Compensation Act, and (2)  the employees of public officers of the State of Montana are covered the Workman's Compensation Act. May 24, 1951
24- 20 If title to a motor vehicle is registered in the name of "A and B", "A or B" or "A and/or B", both "co-owners must sign the certificate of ownership in order to transfer title and the signature of "A" only or "B" only will not be sufficient to transfer title. May 29, 1951
24- 21 Under Chapter 194, Laws of 1951, the offices of two ex-officio members of the Armory Board are abolished and replaced by the State Controller. The number of members on the Board is thereby reduced and the State Controller will sit as exofficio member thereof. June 8, 1951
24- 22 The Board of Chiropractic Examiners has the power to accept a General Equivalency Diploma or other satisfactory evidence of education equivalent to a four year high school course, in determining the qualifications of applicants for a license to practice chiropractic. June 16, 1951
24- 23 A city which operated a water system may by ordinance provide for the discontinuance of the water service when rental for the use of the sewer system, financed from funds realized from the sale of revenue bonds, is delinquent. June 19, 1951
24- 24 Sheriffs and probation officers may not be paid a per diem fee while testifying in a juvenile proceeding, although they may collect mileage. June 20, 1951
24- 25 Establishments holding retail beer and liquor licenses must be closed during the hours when the polls are open on the day of the annual election of school trustees and on the days of special bond elections. June 27, 1951
24- 26 (1)  The Registrar of Motor Vehicles should not record a Writ of Attachment alone, because the Writ itself creates no lien of record against the title of the motor vehicles. (2)  The law only contemplates that notice be given that a motor vehicle has been attached, and no lien is created until the vehicle is taken into custody by the sheriff.  (3)  The certificate of ownership need not accompany the notice of attachment before it can be recorded by the Registrar of Motor Vehicles.  (4)  A Writ of Attachment together with the Return of Sheriff should be filed by the Registrar because together they constitute notice that a lien has been created on the title of the motor vehicle.  (5)  The Registrar need not inquire into whether a valid summons has been issued before the Writ of Attachment was issued. June 29, 1951
24- 27 Property leased to a church or church organization for regular monthly rental, although used by the lessee as a place for actual worship, is not exempt from taxation since it cannot be said the property is used "exclusively" for a place of religious worship. Such use of the premises for profit by the lessor prevents the property from being exempt. July 3, 1951
24- 28 The trustees of a school district may use insurance money, realized from the destruction of the school building by fire, to replace the building without first securing the approval of the qualified electors for such expenditure. July 5, 1951
24- 29 Levies on high school districts and the county wide levies for the maintenance of high schools are valid and legal levies. July 30, 1951
24- 30 (1)  The depositories of funds retained in the posession of state institutions under Section 79-603, Revised Codes of Montana, 1947, must pledge securities sufficient to adequately and properly secure the amounts deposited in said depositories.  (2)  The actual securities may be deposited with the State Treasurer or with some solvent bank as trustee.  If the securities are negotiable and are placed in trust with a bank, the trustees' receipts should be held by the State Treasurer.  Whether the actual securities shall be placed with the State Treasurer or in a solvent bank as trustee is a detail which should be determined by the State Treasurer and the State Depository Board. August 1, 1951
24- 31 1.  If an attaching creditor deposits with the Registrar of Motor Vehicles the amount due by the debtor to a mortgagee of record, the Registrar may require the mortgagee to make a formal assignment of his interest to the attaching creditor before paying the deposited amount over to the mortgagee.  2.  The Registrar of Motor Vehicles may require that the attaching creditor supply evidence that a suit has been started and that a writ of attachment has been issued before accepting the deposit of the amount due the mortgagee. August 2, 1951
24- 32 A board of county commissioners may not pay a full time deputy sheriff less than ninety per cent of the salary of the officer under whom they are serving. Part time deputy sheriffs must be paid a proportionate salary based on the salary authorized for a full time deputy. August 13, 1951
24- 33 Any deficiency in state aid for the elementary budget in a joint school is the obligation of the entire area of the joint district and a levy must be made on such area to meet the need. August 15, 1951
24- 34 That the term "machinery" as used in Section 10-201, Revised Codes of Montana, 1947, does not include delivery trucks and minors under the age of sixteen years can be employed to assist in the loading and unloading of such trucks. August 16, 1951
24- 35 A County Treasurer who has been elected and serves a complete four years term is ineligible to be appointed to fill a vacancy existing in that office during the succeeding four year term. August 17, 1951
24- 36 The board of trustees of a school district may lease a grade school building which is not needed for present school purposes to the United States Government for a period of one year, or for a term that will not interfere with the use of the building in the future for school purposes. August 27, 1951
24- 37 (1)  State, county and city employees are entitled as a matter of right to vacation leave or separation pay for time earned prior to the effective date of Chapter 152, Session Laws of 1951.  (2)  Employees of the state, county or city are not entitled to a vacation leave or separation pay as a matter of right after February 28, 1951, unless they shall have been in continuous service of the state, county or city for one year from the date of their employment.  (3)  It is within the inherent power of a board of county commissioners to grant vacation leave or separation pay to employees who have not been in continuous employment of the couthy for one year. August 27, 1951
24- 38 Upon the abolishment of a county high school the property of the county high school should be conveyed to the school district which establishes a high school rather than to the high school building district. The conveyance of the property should be to the board of trustees and to their successors in office. August 29, 1951
24- 39 It is not mandatory that the Highway Patrol Board revoke drivers licenses of juveniles under Section 31-146, Revised Codes of Montana, 1947, because juveniles may not be convicted of crimes except in a limited number of cases. The Highway Patrol Board has the authority to suspend the drivers license of a person under eighteen years of age for any of the grounds set forth in Section 31-147, Revised Codes of Montana, 1947, whether or not there have been proceedings instituted against the minor in a juvenile court. September 13, 1951
24- 40 There are only two methods of financing equipment for a fire district, and these are: (1) The levying and collecting of the special tax provided in Section 11-2008, Revised Codes of Montana, 1947, prior to the purchase of the equipment; thereby operating upon a cash basis; or, (2) The selling of bonds as provided in Section 11-2010 through 11-2019, Revised Codes of Montana, 1947. October 11, 1951
24- 41 That the Board of County Commissioners has authority and discretion to convert a portion of the court house grounds for use as a parking area for county purposes. October 15, 1951
24- 42 That an employee who has accumulated thirty days of vacation leave may use up to fifteen days of the total and may again accumulate an additional fifteen days leave up to a maximum of thirty days as provided by law. October 18, 1951
24- 43 (1)  Neither school districts nor Boards of Trustees are liable in tort for injuries arising out of the governmental activities of the school in the absence of a specific statute.  (2)  School district board of trustees have no authority to expend school district funds to contract for liability insurance. October 19, 1951
24- 44 That offenders under Sections 53-401 to 53-417, Revised Codes of Montana, 1947, (that is, those offenses occurring prior to October 1, 1951, and covered by Sections 53-401 to 53-417, supra.) are only entitled to a refund of their cash bonds under the conditions prescribed by those Sections, and by the individuals designated therein. That offenders under Sections 53-401 to 53-417, Revised Codes of Montana, 1947, must comply with the conditions prescribed by those Sections until the three year period contemplated by those Sections has expired. October 31, 1951
24- 45 (1)  If the aggregate market value of an estate of a deceased person is five hundred dollars or less in value then the public administrator is entitled to a commission of fifteen per cent of the total amount of any such estate in which he acts as administrator, as provided in Section 91-628, Revised Codes of Montana, 1947.  (2)  If the aggregate market value of an estate of a deceased person is over five hundred dollars in value, the fees allowed a public administrator for administering an estate are governed by Sections 25-237 and 91-3407, Revised Codes of Montana, 1947. October 31, 1951
24- 46 The funds received by the school districts from the Federal Government under Public Law 874, 81st Congress, shall not be used by the school districts in addition to the appropriations found in the budgets of the school districts, but shall be used to relieve the tax burdens due to the increased enrollment resulting from federal installations in the districts. November 7, 1951
24- 47 A teacher who has three years of prior service and whose contract was not renewed must appeal to the county superintendent of schools and then to the state superintendent of public instruction before resorting to the courts for a review of file trustees action. November 13, 1951
24- 48 (1)  The State Board of Education may offer a course in cosmetology at Montana State College and the faculty members who teach the course need not have a license from the State Board of Beauty Culturists, although it is within the power of the State Board of Education to require that the person who teaches hair styling must have a Montana license to teach cosmetology.  (2)  In the absence of some affirmative action by the board of education to the contrary, the examining board of beauty culturists does not have jurisdiction over the summer cosmetology course offered at Montana State College. November 23, 1951
24- 49 A person who is the niece of the wife of one of the members of the Board of County Commissioners may be appointed to fill a vacancy existing in the office of county assessor, without violating the nepotism statute. The parties are related by affinity in the third degree and therefore outside the scope of the nepotism statute which only prevents appointment when the parties are related in the second degree by affinity. November 24, 1951
24- 50 The Secretary of the Livestock Commission, who is the general recorder of marks and brands, should require proof of adjudication of transfer of the ownership of a brand by a court order or decree when requested to show a change of ownership on his records upon the death of the record titleholder. December 20, 1951
24- 51 A deputy county superintendent of schools is not required to have the same qualifications as those required by law for the county superintendent of schools. December 21, 1951
24- 52 That Section 84-3201 (2434) Revised Codes of Montana, 1947, as amended, does not apply to motion picture theaters unless the theater presents other performances that bring it within the section. That Section 84-3205 (2439) Revised Codes of Montana, 1947, was impliedly repealed by Chapter 91, Laws of 1937, and that the carrying forward of Section 84-3205 into the 1947 Codes and the adoption of the Codes by the 1951 Legislative Assembly does not thereby revive Section 84-3205. December 22, 1951
24- 53 The city of Polson by the issuance of general obligation bonds to provide additional funds for the construction of a sewer, has complied with the requirements of Public Law 255, 81st Congress. December 29, 1951
24- 54 1.  The board of trustees of a school district maintaining a high school and the board of trustees of a county high school have the power to enter into contracts with the State Water Conservation Board a water users' assocation for the furnishing of water and sewerage disposal for the schools of the district and the county high school.  2.  A high school district, acting through its board of trustees, does not have the power or authority to enter into a water and sewarage disposal contract. December 29, 1951
24- 55 1.  A new passenger motor vehicle for which a license is sought after the first day of July of any year will be subject to a "sales" tax. The tax will be either three fourths or three eighths of one per cent of the F.O.B. factory list price of the vehicle, depending upon the quarter of the year in which the license is sought. The legislature did not intend to reduce the tax to three eights or three sixteenths of one per cent of the factory list price.  2.  A trailer, the principal use of which is living quarters, temporary or permanent, will not be subject to the itinerant trip tax, even though it is not licensed in another jurisdiction.  3.  If a trailer, the principal use of which is living quarters, temporary or permanent, is not registered in another jurisdiction, such trailer will not be subject to the itinerant trip tax, but will be subject to the gross weight tax imposed by Section 1, Chapter 219, Session Laws of 1951. January 2, 1952
24- 56 1.  Chapter 85, Session Laws of 1951, applies only to "migratory" personal property. Migratory personal property is that personal property which is brought into the State after the regular assessment day, and which remains in this State for not less than thirty days, but which is to be moved out of the State before the next regular assessment day.  2.  Chapter 219, Session Laws of 1951, imposes a graduated "sales" tax upon all new passenger motor vehicles which are brought into the State after January 1, 1952, but which are not classified as "migratory" personal property.  3.  A used motor vehicle, that is, one which is not brand new, is taxable under Chapter 85, Session Laws of 1951, if it is classified as "migratory" personal property.  If the used motor vehicle is not classified as "migratory" personal property then it is not subject to assessment and taxation until the next succeeding assessment day.  4.  The County Assessor may require the taxpayer to submit satisfactory proof of the intended prospective use of the vehicle so that the Assessor may ascertain if the property should be classified as "migratory." January 3, 1952
24- 57 That the clerk of the district court should not charge a party $2.50 upon that party's first appearance in instances not provided for in the special statute (Section 25-233, Revised Codes of Montana, 1947) governing fees of the clerk in probate proceedings, except in those cases arising out of probate matters wherein such party must be considered a defendant. December 31, 1951
24- 58 1.  That signature of a parent or guardian on the original application of a minor for a driver's license binds the parents for the damages incurred in accidents caused by the negligence of the minor only for the term for which the original license is issued.  2.  The parents or guardians of a minor must not only sign the original application of a minor for a driver's license, but must also sign the applicaation for renewal of the license if the applicant is under eighteen (18) years of age at the time application is made for renewal. January 19, 1952
24- 59 1.  There is no language contained in Chapter 218, Laws of 1951, which authorize the appropriation of money by boards of county commissioners for Civil Defense activities.  2.  Activities relating to Civil Defense activities on a local level may, in the discretion of the local governmental bodies, and subject to the limitations as contained in the Budget Act, (Sections 16-1901 through 16-1911, Revised Codes of Montana, 1947) be provided for by increased budgets for existing authorized offices, services, departments, and institutions. January 21, 1952
24- 60 1.  The state board of beauty culturists may accept seventeen years active practice in another State as equivalent to a diploma from an accredited beauty school, and may therefore allow the applicant possessing such qualifications to take an examination given by the board.  2.  The State Examining Board of Beauty Culturists may adopt reasonable rules allowing reciprocity between States, and thereby issue licenses without examination to otherwise qualified applicants who have been licensed in another State for such periods of time as to the Board shall seem reasonable. January 28, 1952
24- 61 A board of county commissioners does not have the power to dissolve a weed control district. February 2, 1952
24- 62 That the sheriff is entitled to his actual necessary expenses for trips made for the return of fugitives apprehended and arrested outside the county. If it is necessary to use a privately owned vehicle because suitable transportation cannot be had by railroad or bus then the sheriff is entitled to nine cents (9c) per mile for each mile actually traveled in going for and returning with such fugitive. The sheriff may not charge an additional nine cents (9c) per mile for the return trip in which he is transporting fugitives. February 5, 1952
24- 63 Where a person has been convicted of a crime which is punishable for a term exceeding one year in a federal institution, such a person would be deemed a "loser" and would not be eligible for parole under Section 94-9819, Revised Codes of Montana, 1947. February 6, 1952
24- 64 That the residence of an elementary school pupil for purposes of payment of tuition and of transportation shall be that place where the pupil resides with his family for at least eighty days during the calendar year, when school is not in session. February 8, 1952
24- 65 1.  The trustees of a school district have the power to enter into a contract with the parents of non-resident students for the payment of tuition.  2.  It is the duty of the trustees of a school district to budget for and pay tuition for resident children who attend elementary school in another district if the county superintendent and the trustees of the school district of the school to be attended consent in writing to such attendance. February 9, 1952
24- 66 In order for a foreign corporation or joint stock company, except foreign insurance companies and corporations otherwise provided for, to fully and properly qualify to do business within the state of Montana, it is necessary that articles of incorporation, or a duly certified copy of their charter, together with the statement of facts required by statute, be filed both with the Secretary of State and with the county clerk in the county wherein its principal office or place of business in this state is located. February 14, 1952
24- 67 Such certified copies of honorable discharge certificates as are necessary in making proof of claims under the Veteran's Honorarium must be furnished by the County Clerk and Recorder free of charge. February 15, 1952
24- 68 The president of each of the various institutions comprising the University of Montana has the power and authority to promulgate such regulations as are reasonable to protect the best interests of the institution, the public, and the students, subject to the general control of the State Board of Education. In the case of Montana State College, where sheep and other livestock are kept and maintained, and are necessary for educational purposes, a more strict control of dogs and other pets kept in the college grounds and college housing area would undoubtedly be held reasonable. February 28, 1952
24- 69 1.  A provision in the sale contract that naked title is placed in the City upon delivery is not conclusive upon the status and taxability of the property.  2.  The County Assessor is under no obligation to differentiate the respective interests of contracting parties, his duty being to see that all owners of property bear a share of the tax burden. February 29, 1952
24- 70 (1)  Chapter 178, Laws of 1951, which places industrial property included in class 4 into a class 5 (d) for a 3 year period after first assessment is a discrimination among taxpayers possessing property within the same classification.  (2)  The 1951 amendment is of extremely doubtful constitutionality in view of the provisions of article XII, Section II of the Constitution of the State of Montana.  (3)  Only the Supreme Court of the State of Montana and the United States has the power to declare any statue to be unconstitutional and in view of the doubtful validity of the amendment, the county assessors should follow a uniform assessment policy with regard to it. February 29, 1952
24- 71 The office of county superintendent of schools, being an office specially provided for by the Montana Constitution, and for which the qualifications for taking and holding have been set forth both in the Constitution and the statutes, the provision contained in the Teacher's Retirement Act providing for the retirement of members reaching the age of (70) seventy years, may not be properly against a duly elected county superintendent of schools. March 13, 1952
24- 72 The Board of County Commissioners cannot pay the deputy sheriff a sum in excess of ninety percent of the salary of the sheriff under whom they are serving. Deputy sheriffs should not have to work over eight hours a day on routine duties; rather, only when necessity demands excessive hours in protecting life or property from loss or destruction should they remain on duty for longer periods. March 15, 1952
24- 73 The failure to levy the full ten mill county wide levy for the high schools of a county, due to a clerical error, cannot be corrected by a levy in excess of ten mills on all the property in the county in the next fiscal year. March 29, 1952
24- 74 There is no Constitutional or Statutory provision which prohibits the same person from retaining the office of County Coroner and the office of Mayor of an Incorporated City or Town. Whether a person may retain two ofices at the same time is tested by whether the two offices are incompatible, in the absence of any Constitutional or Statutory prohibition. Restriction imposed upon the right of a person to hold office should receive a liberal interpretation in favor of the right of the people to exercise freedom of choice in the selection of officers. April 3, 1952
24- 75 Section 23-505, Revised Codes of Montana, 1947, held mandatory in that the county commissioners must appoint a deputy registrar for each precinct. There are three places for registering to vote: (1) in the office of the county clerk and recorder, (2) for those who reside more than ten (10) miles from the county courthouse, with a Notary Public or with Justices of the Peace, (3) with the deputy registrar appointed by the county commissioners for each precinct within the county. April 12, 1952
24- 76 Chapter 118, Laws of 1937, as amended, prescribes the maximum rates to be charged for county printing. In respect to the printing of assessment lists the charge set forth in the statute is the maximum rate which may be charged and this is so whether the said lists are printed on one or two sides. April 18, 1952
24- 77 Local Boards of County Commissioners may post load limits on the highways for which they are responsible for maintenance, whenever, in their discretion, reasonable restrictions are necessary to preserve the road from unwarranted damage due to the general deterioration of the road, or climatic conditions. April 19, 1952
24- 78 The intent of the legislature in enacting the law extending educational benefits to all eligible veterans who served honorably in the United States in any of its wars, is construed as extending the said benefits to veterans of the Korean Conflict, which although not technically declared a war, contains all of the attributes of a war as envisaged by the legislature. Educational benefits as provided by state law may properly be extended to eligible veterans of the Korean Conflict. April 25, 1952
24- 79 An employer insuring under Workmen's Compensation Plan No.3 must pay a premium based upon a percentage of his total annual payroll as provided by Section 92-1101, Revised Codes of Montana, 1947. The total annual payroll must consist of the entire compensation, including bonuses and over time pay received by every workman employed in a hazardous occupation. April 25, 1952
24- 80 The primary duty of caring for the poor and unfortunate rests in the county. Indian wards residing within the boundaries of the county either on or off the reservation are inhabitants of the county and it is within the power of the county commissioners to extend general relief to ward Indians when it is determined that they are in need of such assistance. April 26, 1952
24- 81 The County Clerks shall close their registration books on May 30, 1952, for the forthcoming primary election as the wording of section 23-513, which requires that the County Clerk shall close all registration for a full period of forty five days prior to and before any election, is mandatory. Section 19-109, R.C.M., 1947, is not to be construed so as to extend or diminish the provisions of section 23-513. The fact that the forty-fifth full day falls on a holiday does not have any effect on the date when registration closes. The County Clerks should have a skeleton force at hand on that date for the purpose of accepting registration applicants, but should transact no other business. April 29, 1952
24- 82 The practice of obstetrics is the practice of medicine and surgery. A chiropractor may not legally represent himself under the law as being licensed to engage in the practice of obstetrics. May 1, 1952
24- 83 1.  A county wide levy for school purposes, which appears on the minutes of the books of the county commissioners, but which has not been entered or extended against the property of the taxpayers in the assessment book, can be collected after making the proper entries, notwithstanding several months delay.  2.  Penalty and interest cannot be collected for non-payment of tax levies which have not been entered and extended against the property of taxpayers in the assessment book. May 2, 1952
24- 84 The abandonment of a highway does not, unless clearly indicated in the resolution of abandonment constitute an abandonment of a bridge crossing a river and connecting two sections of the abandoned highway. The county bridge not having been abandoned is under the management and control of the county. May 12, 1952
24- 85 1.  It is the duty of the board of trustees of a third class district to request the county superintendent of schools to call an election submitting the question of annexation when a petition signed by twenty per cent of the qualified electors of the school district has been presented to the board of trustees of such third class district.  2.  Upon complaint being made to the county transportation committee such committee has the authority to tix bus routes and to order one school district to discontinue transporting redient elementary pupils of another district who have not been granted permission to attend school in a district other than that of residence. May 19, 1952
24- 86 The names of deceased voters may not be deducted from the registration lists in determining the necessary forty per cent of the qualified electors voting on a bond proposition submitted at school district election. May 20, 1952
24- 87 The refund made as a result of payment at the face value of bonds when the market price is at a lower figure does not constitute income, but is in fact a return of principaL May 22, 1952
24- 88 Where a statute provides "accompanied by proof of publication of notice as hereinafter provided", and the legislature has inadvertently omitted to provide further for such notice, the manifest intention of the legislature is shown and words can be supplied to carry out that intent. When notice has been caused to be printed in a newspaper of general circulation in the locality in which the incorporators propose to do business, for a length of time which will adequately give those presumed to be interested information of the pro-incorporation, there has been a substantial compliance with the statute. One publication constitutes such notice. May 22, 1952
24- 89 The vacation provisions of Montana law become an implied part and parcel of the employees contract of hire. A vacation with pay is not a gratuity but is compensation for services rendered. Vacation time and pay is a matter of right vesting in the employee after his fulfillment of the required period of employment as provided by law and such right on the death of the employee will survive to the decedent's executor or administrator. May 23, 1952
24- 90 The express provisions of Section 71-120, Revised Codes of Montana, 1947, may not be interpreted as vesting in the counties implied powers to seek repayment of funds expended for burial expenses for deceased servicemen and servicewomen. A definite and express obligation rests on the counties to pay and sustain the expense of burying those honorably discharged servicemen and women who were bona fide residents of the county at the time of death. May 27, 1952
24- 91 The County Welfare Board has the power to inquire into facts and circumstances surrounding any contribution received by a recipient and to adjudge whether such contribution is of sufficient regularity and certainty to be considered as an item in the budget of such recipient. That in making such determination, the County Welfare Board is directed by the State Department's regulations to disregard any contribution which is occasional, and any contribution is occasional which is by its nature not certainly regular and predictable. May 31, 1952
24- 92 The intent of the legislature in enacting Chapter 119, Laws of 1917, was that the county commissioners be vested with discretionary powers in respect to the approval or rejection of lands platted outside the boundaries of a city or town. June 3, 1952
24- 93 A recipient of old age assistance by moving to another county for the purpose of receiving treatment or care not available in his own county, does not in so doing change his legal residence. June 12, 1952
24- 94 A notice of resignation from the office of County Commissioner to take effect as of January 1, 1953, does not create a vacancy in such office until that date. Further, no successor can be appointed until such vacancy occurs. The successor to the present incumbent's office must therefore in conformity with Article XVI, Sec. 4 of the Montana Constitution and Section 16-903, Revised Codes of Montana, 1947, be appointed as of January 1, 1953, or thereafter by the judge or judges of the judicial district in which the vacancy occurs to fill the office until the next general election. June 13, 1952
24- 95 Where a county has provided for a local license, as authorized by Section 4-430, Revised Codes of Montana, 1947, enforcement of the local license provision must be by virtue of Section 84-2703, Revised Codes of Montana, 1947. June 16, 1952
24- 96 That a licensed funeral director, whether he be actively engaged in his profession or not, cannot be licensed as an agent for a life insurance company. June 20, 1952
24- 97 Funds realized from the sale of bonds for the construction of a courthouse may be expended without additional authorization from the electors. An expenditure of additional funds in excess of $10,000 to complete the courthouse must be first approved by the qualified electors of the county. June 20, 1952
24- 98 Whenever the county has installed an auto pass, the same must be maintained in such a condition as to prevent the passage of livestock, as well as to permit the free and unobstructed passage of automobiles, trucks and other conveyances. It is within the discretion of the county commissioners to abandon a previously constructed auto pass whenever the auto pass no longer enures to the benefit of the general public in the use of public roads. June 21, 1952
24- 99 1.  That "eight per cent of the legal voters of the state" as used in Article V, Section 1, of the Montana Constitution, pertaining to petitions for initiative, means eight per cent of the number of votes cast for governor at the regular election last preceding the filing of the petition for initiative.  2.  That "eight per cent of the legal voters in such county" as used in Article V, Section 1, of the Montana Constitution, pertaining to petitions for initiative, means eight per cent of the number of votes cast for governor in that county at the regular election last preceding the filing of the petition for initiative. June 27, 1952
24- 100 That a county clerk is required to compare the signatures on all petitions presented for his consideration simultaneously, that is, he cannot retain any petition in his possession for a longer period than two days for the first two hundred signatures and one additional day for each two hundred additional signatures, although this may require the clerk to compare and certify more than two hundred signatures a day. June 28, 1952
24- 101 Kindergarten pupils, in an established kindergarten upon reaching the age of six years, may be included in the A.N.B. of the school districts and their daily attendance considered in determining the amount of state financial aid for the schools of their district. July 8, 1952
24- 102 The Board of Trustees of a school district may not engage in any activities which are not exclusively for educational purposes. Whether or not the school district may operate a cannery as part of their adult education program is a question which must be decided by the members of the board of trustees. The determinate factor being the utility of the appliance for educational uses. However, the cannery may in no manner be used as a commercial or general service device. July 9, 1952
24- 103 A candidate who files for a county office at any time prior to midnight of the 30 days before the date of the primary nominating election has filed within the time provided by statute. The fact that the city in which a county office is located has adopted daylight savings time is not controlling. In the absence of legislative enactments the time for filing nominating petitions closes at 12 o'clock midnight Mountain Standard Time. July 10, 1952
24- 104 The Governor has the power to order payment of claims for expenditures for the National Guard when the guard is duly called to active service in an emergency. July 11, 1952
24- 105 When Montana, as a responding state, receives for filing a petition or transcript of proceedings pursuant to the provisions of the Uniform Reciprocal Enforcement of Support Act, Chapter 222, Laws of Montana, 1951, the filing of such instruments can only be accomplished by the payment of the fee prescribed by Section 25-232, Revised Codes of Montana, 1947. July 14, 1952
24- 106 1.  It is within the discretionary power of a board of county commissioners to grant holidays with pay to county employees.  2.  County Commissioners have discretionary power to make agreements on the subject of labor conditions unless such agreements are prohibited by law or would barter or assign away governmental powers.  3.  It is within the statutory power of boards of county commissioners in Montana to make collective bargaining agreements which embody the principle of the union shop. July 24, 1952
24- 107 1.  A minor child who has been emancipated, that is, where there has been an entire surrender of the right to the care, custody and earnings of such child as well as a relinquishment of parental duties, may establish its domicile of choice.  2.  An emancipated minor may be eligible to receive payment of adjusted compensation under the Montana Veteran's Honorarium Law. August 9, 1952
24- 108 A high school district cannot be established in that area of a joint district in which the high school is not located. August 13, 1952
24- 109 1.  Charges incurred in the destruction of weeds by county supervisors in a weed control district become a special tax on the land involved, after a notice has been given to the persons permitting the growth of weeds on their land and where such notice is not obeyed.  2.  The power of the state to collect taxes is not diminished by failure of a public official to collect the tax in the year when it was originally assessed.  3.  Where there has been a failure to collect the tax in the year assessed, the same may be extended to a subsequent year. August 14, 1952
24- 110 A patient being held at the State Hospital under Section 8-745, Revised Codes of Montana, 1947, may be detained by the officials of that hospital after the expiration of sentence for a reasonable time in which to institute proceedings to determine his mental condition. Although the officials of the State Hospital owe the public a duty to see that insane prisoners are not set at large, it is only through an insanity hearing, as provided by statute, that a prisoner may be detained beyond a reasonable length of time. August 15, 1952
24- 111 The County Clerk and Recorder of each county shall charge and receive a fee of One Dollar ($1.00) for each mining claim covered by an affidavit of annual assessment work irregardless of whether the affidavit covers one or several mining claims. August 16, 1952
24- 112 1.  A deputy game warden may not, acting in that capacity, arrest a trespasser on privately owned and posted land.  2.  A deputy game warden is not a peace officer within the meaning of Section 94-4906, Revised Codes of Montana, 1947.  3.  The duties of deputy game wardens are to uphold the fish and game laws of the State of Montana, and the rules and regulations of the State Fish and Game Department. August 18, 1952
24- 113 The great seal of the State of Montana may not be reproduced by manufacturing concerns for advertising or commercial purposes. September 5, 1952
24- 114 Where a statute provides that county officials are to receive a salary based on the population and taxable valuation of the county, and where the statute was passed prior to the election of the county officials, an increase in the population or taxable valuation of the county creates a proportionate salary increase for those officials and does not violate Section 31 of Article V of the Constitution of the State of Montana. The Clerk of the District Court is to receive the same salary as the County Treasurer. September 6, 1952
24- 115 That Section 15-1102, Revised Codes of Montana, 1947, is applicable to all corporate liquidations, and that directors of a dissolved corporation become trustees of creditors and stockholders thereunder. Filing of a statement that the corporation has no assets, as required by Section 15-1117, does not relieve the directors of this liability where there are actually assets. September 10, 1952
24- 116 Article XVIII, Section 4, of the Constitution of Montana does not apply to projects financed wholly, or in excess of $10,000.00, by federal funds so far as it is inconsistent to, or expanded by, applicable federal legislation. September 11, 1952
24- 117 That stickers with a candidate's name and a printed "X" placed upon the ballot in the proper place should be counted. September 12, 1952
24- 118 A sheriff may recover reasonable expenses for items of travel which are not directly covered by an express statute as long as the travel was necessitated by activities within the scope of the official duties of the sheriff. Whether the travel was necessitated by activities within the scope of official duty, and what constitutes reasonable expenses, are matters to be determined by the sound discretion of the local board of county commissioners. September 16, 1952
24- 119 1.  The 5% requirement of Section 23-910, Revised Codes of Montana, 1947, means 5% of the votes cast for all candidates for the office at the last preceding general election.  2.  Where several offices of the same kind are filled at the same election, such as the state legislature, and voters may cast several votes for several different candidates, the proper total upon which to base the 5% requirement of Section 23-910 is the vote of the lowest elected candidate and the lowest unsuccessful candidate of each other party at the last preceding general election. September 16, 1952
24- 120 That if Initiative Measure No. 55 does become law and the rate of the gasoline license tax is thereby increased, the Board of Equalization will be required to collect an equivalent tax on diesel fuel and any other volatile liquid of less than forty-six degrees (46°) Taglianbes-Baume gravity test when such motor fuel is actually sold or used for motor vehicle propulsion over the public highways or streets within the State of Montana. September 29, 1952
24- 121 Where one who does not maintain a slaughterhouse, either slaughters and sells, or sells and then slaughters, meat cattle not of his own breeding, such person comes within the contemplation of the licensing statute (Section 46-502, R.C.M., 1947) and must obtain a meat peddler's license. September 29, 1952
24- 122 That when a measure is submitted to the people concerning the creation of any levy, debt or liability, upon which only registered voters residing within the state who are taxpayers upon property within the state and whose names appear upon the last completed assessment roll of some county within the state may vote, the county clerk need not prepare a separate poll book containing only the names of the electors who are qualified to vote on such a measure. Rather, after determining those voters qualified to vote on a question of this nature, the county cleark need only stamp the word "TAXPAYER" on the poll book opposite the name of each qualified elector who is a taxpayer and thus entitled to vote upon such a measure. September 30, 1952
24- 123 The Board of County Commissioners does not have the power to give to a school district a public park owned by the county for the use of the school district as a school site. October 1, 1952
24- 124 A notice of non-renewal of a contract of an assistant professor given by the chief executive of the institution and approved by the Chairman of the Board of Education is, during the time the office of Chancellor is vacant, in substantial compliance with regulation 5 of the State Board of Education. October 2, 1952
24- 125 1.  A vacancy on a party ticket caused by death of a nominee to a county office, may be filled by the county central committee.  2.  The county central committee of a party which did not nominate a candidate for a county office at the primary election may not fill the vacancy on the party ticket for that office in the ensuing general election. October 10, 1952
24- 126 Employment of Women as taxicab drivers for more than eight hours per day violates Sec. 4, Art. XVIII, Montana Constitution, and Section 41-1118, R.C.M., 1947. October 16, 1952
24- 127 1.  A county may not demand a transfer of a person's property in return for a grant of old age assistance.  2.  Property received by a county in return for a grant of old age assistance is held upon constructive trust for the grantor, or, if he is dead, for his heirs.  3.  The only claim that the state or county has against the property of an old age assistance recipient is the statutory claim set up by section 71-412, R.C.M., 1947. November 1, 1952
24- 128 1.  That if a member of the armed forces, who has met all other statutory requirements, applies for an absent voters ballot and subscribes and swears to his application before a commissioned officer in active services of the armed forces of the United States, he is entitled to receive an absent voters ballot.  2.  That if a member of the armed forces makes and subscribes an affidavit with his absent voters ballot, and if said affidavit is in compliance with Section 39-106, Revised Codes of Montana, 1947, such ballot is properly attested and should be accepted. November 1, 1952
24- 129 1.  The fees which the clerk of the district court shall charge and receive in naturalization proceedindgs are those fees which are enumerated in Title 8, Section 746, U.S.C.A., Nationality Code. The clerk is not to charge, nor receive any additional fees regardless of the provisions of Section 25-210, RCM, 1947.  2.  All fees which the clerk of the district court is authorized to retain from federal authorities under the provisions of the Nationality Code are to be accounted for and paid to the county treasurer, who shall then credit such feed to the general fund of the county. December 18, 1952
24- 130 A high school which has been declared to be an isolated high school by the Board of Budget Supervisors is not entitled to state aid unless such high school has been accredited by the State Board of Education and designated by the board as a high school which should receive state aid. The fact that state aid is not available to a non-accredited high school does not preclude district from voting an extra levy for the purpose of maintaining a high school under the provisions of Section 75-3801, Revised Codes of Montana, 1947, as last amended by Chapter 210, Laws of 1951. December 24, 1952
24- 131 An "encumbrance" against an appropriated fund takes no precedence over a valid claim properly presented against such fund and no expenditure of a legislative expense fund duly appropriated by a general law could properly be made upon the basis of a resolution of a single house of the legislature nor for anything but an ordinary expense incident to the sixty day session of the legislative assembly. December 30, 1952
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