Attorney General’s Opinions

Volume 25

Opinion Held Date
25- 1 The state examiner must make a report to the Governor and the Attorney General of the result of an examination of the affairs of a board of county commissioners, however, only the results of such report need be furnished. January 22, 1953
25- 2 The livestock sanitary board may request the State Board of Equalization to levy on livestock up to and including one and one-half mills on the assessed valuation of all livestock, or its equivalent in taxable valuation, which is four and one-half mills of the value of such livestock as enunciated by the classification act. January 24, 1953
25- 3 1.  Fireworks, which are acquired by a county through confiscation are to be sold in accordance with the provisions of Section 16-1009, Revised Codes of Montana, 1947.  2.  Fireworks are not illegal per se; however, since they are prohibited, except as authorized by statute, it is the duty of the county commissioners to ascertain that the fireworks sold by the county do not once again become contraband. January 26, 1953
25- 4 The additional members elected to the board of trustees of districts maintaining high schools, which high schools are also district high schools, shall participate on an equal basis with other members in all business transacted pertaining to the high school. January 30, 1953
25- 5 A telephone required by law to be installed within one hundred (100) feet of the tipple at any coal mine surface must be maintained in such a manner that calls for aid and assistance from men working underground will not go unanswered. February 6, 1953
25- 6 Orders of adoption are not to be recorded in an order book by the Clerk of the District Court. However, in accordance with Sections 16-3001 (3) and 93-8707, R.C.M., 1917, all matters pertaining to adoption proceedings shall be noted in the registry of actions with brief notes. February 7, 1953
25- 7 Ninety-five per cent of moneys in the state farm loan sinking fund shall be transferred to the public school interest and income fund and five per cent shall be transferred to the permanent school fund at the time and in the manner provided in Chapter 191, Laws of 1949, and Section 5, Article XI of the Montana Constitution. February 20, 1953
25- 8 1.  A sale at cost, plus the "minimum markup" fixed by the Trade Commission, upon which a trading stamp is given, is not necessarily a sale below "cost" as that term as defined in the Unfair Practices Act. The fact whether or not such a sale is a sale below cost must be determined upon the facts of the individual case, taking into account the cost accounting system of the individual merchant.  2.  If a sale is found to be below cost that fact alone does not constitute a violation of Section 51-103, R.C.M., 1947; it must also be proven that the sale was made with intent to injure and destroy competition, and the sale, in and of itself, does not constitute proof of such intent.  3.  The provisions of Section 51-105, R.C.M., 1947, do not establish the "cost" survey as an absolute standard by which all merchants must establish their prices.  Any reasonable system of allocating costs may be followed in establishing prices by the merchant.  Section 51-105, supra, merely permits the introduction into evidence of the cost survey, for the use of the tr.er of fact in determining whether the merchant's method of allocating costs is reasonable.  4.  It is the duty of the Montana Trade Commission to determine upon the facts of individual cases, whether the giving of trading stamps constitutes a reduction in the selling price of an article; whether this reduction brings the sale below "cost" as that term is defined in the Unfair Practices Act; and whether such sale was made with the intent to injure and destroy competition. March 10, 1953
25- 9 That a board of trustees of a school district which elects to close its school during the annual session of the state teachers' association does not have authority to withhold the pay of its teachers during the days school is closed for such meeting, regardless of the teachers' membership in the association or attendance at its annual session. March 11, 1953
25- 10 The exception contained in Section 1, Chapter 77, Laws of 1951, providing that ledger sheets showing unpaid balances of any bank may not be destroyed, refers only to those ledger sheets showing a balance remaining after the last completed transaction in the account, and not to all ledger sheets containing records of the account. March 16, 1953
25- 11 An employer cannot withhold the wages or any portion thereof due and owing to an employee as wages earned, and apply such wages to an account which the employee has with the employer unless the account existing between the employer and the employee is for board, room or other incidentals which the employee has agreed may be deducted as a condition to the employment. March 26, 1953
25- 12 Justices of the peace in a township, the population of which does not exceed ten thousand (10,000) people, are not required to maintain fixed and definite office hours; however, all justices of the peace must be reasonably available to hold court at all times, and must not place themselves in such a position that a party who wishes to secure their services will be unable to do so. March 28, 1953
25- 13 That those portions of Chapter 122, Session Laws of 1953 which seek to extend the period for which oil and gas leases may be let are in violation of the Constitution and Enabling Act of the State of Montana and as such are ineffective for every purpose and do not change our present statutes upon the form of and manner of granting gas and oil leases. March 31, 1953
25- 14 Members of the State Board of Equalization are public officers. Those members of the State Board of Equalization who were appointed to office prior to the enactment of Chapter 109, Laws of 1953 are not entitled to the increase in salary provided for in that Act, since such would violate the constitutional prohibition that the salary of a public officer may not be increased or diminished during his term of office. March 31, 1953
25- 15 The notation on one block of a plat of an addition to a town or city. "Proposed High School Site," made at the time of filing and recording of the plat constitutes a dedication for school purposes and a conveyance to an existing school district of the area so marked on the plat. April 3, 1953
25- 16 An elected county official may not receive additional compensation for vacation time not taken. An elected county official may not receive additional compensation for overtime spent in performing official duties. April 6, 1953
25- 17 The county commissioners may grant a duly elected county officer a sixty day leave of absence. When the county commissioners, in their discretion, grant such a leave of absence, the officer receiving the leave is entitled to the salary which attaches to his office. April 10, 1953
25- 18 1.  Plats, required by Section 11-614, R.C.M., 1947, to be delivered to the Clerk and Recorder with deeds to certain types of tracts and portions of tracts enumerated in that section, need not be recorded with the deed, but are merely to be filed in exactly the same manner as other plats.  2.  Recital in a deed of the acreage of the tract conveyed, does not fulfill the requirements of Section 11-614, R.C.M., 1947, and a map or plat must be filed, just as in other cases arising under that section.  3.  If a plat has once been filed, it is not necessary to file a plat with each subsequent deed.  4.  That portion of Section 11-614, R.C.M., 1947, which makes further sales unlawful until the provisions of the chapter shall be complied with, applies to both irregularly shaped tracts, and tracts subdivided into lots and blocks. April 25, 1953
25- 19 The "delay drilling penalties" or "delay rentals" provided for by paragraph 9 of the Montana State Oil and Gas lease are rentals within the meaning of Section 81-1712. R.C.M., 1947, and should be credited to the public school Interest and Income fund. May 4, 1953
25- 20 1.  Members of the Board of Administration of the Public Employees Retirement System who were appointed for a fixed and definite term and who still have an unexpired portion of that term to serve, may not be removed from office under the provisions of Chapter 225, Laws of 1953.  2.  Neither the Legislature nor the Governor has the power to remove an officer who has been appointed for a fixed and definite term, unless there is a valid reorganization of the duties of the office in order to effect a more economical and efficient administration of the office or unless the office is abolished by the power which created the office. May 9, 1953
25- 21 That county clerks and recorders, upon issuing a certified copy of a birth certificate or death certificate, shall receive a fee of fifteen (15c) cents for each folio, plus a fee of fifty (50c) cents for affixing the seal to said certificate. May 15, 1953
25- 22 1.  That the office of State Examiner and Ex-Officio Superintendent of Banks is a public office, and that the legislature has fixed the salary for such office at $5,400 per annum.  2.  That the term of office of a public officer commences upon appointment by the Governor and not upon confirmation by the Senate.  3.  Chapter 98, Laws of 1953, cannot be construed in such a manner as to increase the salary of the present incumbent of the office of State Examiner and Ex-Officio Superintendent of Banks, since such would constitute an increase in salary during the term for which the officer has been appointed in violation of Section 31 of Article V of the Constitution of the State of Montana. June 1, 1953
25- 23 1.  When seventy-five per cent (75%) of the livestock owners in any given township, representing at least fifty per cent (50%) of the species therein which are to be inspected, tested, treated, or vaccinated, have petitioned the Livestock Sanitary Board for such inspection, test, treatment, or vaccination, and the Board has established such township as a disease control area, then upon receipt of proper notice from the Board it becomes mandatory that all owners of that species of livestock submit their livestock situated within that township for such inspection.  2.  When seventy-five per cent (75%) or more of the townships in any county are established as disease control areas, it becomes mandatory upon the remaining livestock owners having cattle of the species concerned, to submit their livestock of that species which are located within that county for inspection, test, treatment, or vaccination as directed by the Livestock Sanitary Board. June 2, 1953
25- 24 1.  The offices of City Treasurer and City Clerk are incompatible and one person cannot hold both offices, since the duties of the offices necessarily conflict in that both offices have the power and duties of supervising and checking on the powers and duties of the other office.  2.  It is contrary to public policy to allow one person to retain both the office of City Treasurer and City Clerk. June 2, 1953
25- 25 A convict with no prior felony convictions who may have had one or more commitments to state juvenile institutions or federal reformatories within or without the State of Montana, is a first offender and should be credited with good time in accordance with the rules and regulations, as set by statute and the Board of Prison Commissioners for first offenders. June 6, 1953
25- 26 The county from which livestock are removed without being inspected is the county in which the proper venue lies for filing a misdemeanor charge under the provisions of Section 46-801, R.C.M., 1947. June 10, 1953
25- 27 The Director of Personnel is a civil officer and may be selected only from applicants who are citizens of the United States and who have resided in Montana for at least one year before the appointment. June 15, 1953
25- 28 The Secretary of State complies with the constitutional and statutory requirements of keeping records in "proper books" by the use of microfilm. June 17, 1953
25- 29 1.  It is the duty of the County Treasurer to collect all taxes plus all penalties and interest for delinquencies.  2.  The Board of County Commissioners has no power to forgive payment of taxes, penalties, or interest; or to remit taxes, or interest and penalties for failure to pay taxes, unless they have been paid more than once, or erroneously or illegally collected. June 19, 1953
25- 30 1.  The depositories of funds retained in the possession 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 wit ha 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
25- 31 All cattle hides must be inspected before they are destroyed or disposed of by any means. Before delivery of such hides may be made to a buyer a certificate of inspection must be obtained and filed in the county of the seller's residence, provided further that where the seller slaughters the animal in a county other than his county of residence, he may have the hide inspected in either the county where the animal was slaughtered or the county of his residence so long as the certificate of inspection is filed in the county of his residence. June 24, 1953
25- 32 A duly licensed optometrist is not prohibited by law from entering the employ of, or entering a partnership with a duly licensed physician or surgeon. June 26, 1953
25- 33 A county employee may not work during his vacation period and collect his regular compensation in addition to the statutory grant of pay for vacation period that he has earned. June 27, 1953
25- 34 The words "Industrial Accident Board" may be substituted for the words "Adjutant General" in that portion of House Bill No. 370, Thirty-third Legislative Assembly, 1953, which appropriated $5,000.00 for the compilation and publication of the safety codes. June 30, 1953
25- 35 1.  The power to acquire and the power to sell county airport property is lodged in the county although an airport commission may be appointed and consulted relative to the exercise of such powers.  2.  In the sale of such property the general law for the disposal of all county property must be followed and is applicable.  3.  A county does not have the authority to exchange county airport property with a school district without first offering the property for sale in compliance with the provisions of Section 16-1009, R.C.M., 1947.  4.  The board of county commissioners has the power to set aside a portion of an obsolete airport as a site for the county high school.  5.  Funds realized from the sale of an abandoned county airport are trust funds for airport purposes and must be expended in compliance with the county budget law. July 1, 1953
25- 36 The act of a commission in establishing as a high school district the area of a joint district in one county does not result in creating as a high school district the area of the joint school district in the adjoining county. A high school district in the latter county can be established only by a commission acting in the latter county. July 3, 1953
25- 37 A Board of County Commissioners must require the sheriff of its county to submit itemized statements showing the purchase of food and supplies for the board of prisoners imprisoned in the county jail as a condition precedent to the payment of the fees claimed under Section 25-227, R.C.M ., 1947. July 6, 1953
25- 38 1.  It is not legal for county commissioners to designate and allow any person not a staff worker of the county welfare department to receive applications, make investigations and disburse county general relief funds.  2.  County welfare funds may not legally be disbursed without an investigation and recommendation by an authorized staff worker of the county welfare department or without a grant in a definite amount made by the county board.  3.  The county commissioners could not authorize the disbursement of county funds by an unauthorized person in the first instance, they cannot now ratify such a disbursement and the county is not bound by their act is so delegating the disbursement of county funds. July 9, 1953
25- 39 The salary schedule provided for in Ch. 219, Session Laws of 1953, is mandatory, and the highway patrol board does not have the power to fix salaries at less than the amounts specified therein: July 25, 1953
25- 40 A Board of County Commissioners, in the absence of intervening rights of third persons, may dissolve a Civic Center Commission created by the board under Section 16-1008A, R.C.M., 1947. September 1, 1953
25- 41 The Board of County Commissioners may not contract with a private individual to perform the services of a county accountant or bookkeeper, as those duties are by law made the duties of the office of County Clerk and Recorder. September 5, 1953
25- 42 That the contract between Silver Bow County and the Public Employees Retirement System is a valid, existing contract. Under the Act and the contract, appropriate deductions as prescribed by the Public Employees Retirement Act must be made as to all employees who elected to come under the System at the time the contract was made and as to all new employees of Silver Bow County as set out in the Public Employees Retirement Act. Deduction of the appropriate contributions as provided in the Public Employees Retirement Act does not contravene any provision of the Constitution of the State of Montana or of the United States. September 16, 1953
25- 43 1.  The provisions of Section 11-614, R.C.M., 1947, apply to small and irregularly shaped tracts of land anywhere in the county.  2.  The provisions of Section 11-614, R.C.M., 1947, do not apply to sales of single pieces of property which are not part of a tract being subdivided within the meaning of that section. September 26, 1953
25- 44 Warrants issued by a cemetery district in excess of appropriations in the budget for any one fiscal year are not liabilities of the cemetery district and cannot he paid from funds in a subsequent budget. Interest cannot lawfully be paid on warrants which are not valid claims against either the county or a cemetery district. September 28, 1953
25- 45 1.  A county may reserve a 6 1/4% royalty interest on preferential sales of tax deed lands under Section 84-4190, R.C.M., 1947.  2.  A county may not charge the purchaser at a preferential sale under Section 84-4190, R.C.M., 1947, any taxes, penalties, or interest other than those due at the time of the taking of the tax deed. October 3, 1953
25- 46 That a confirmed reinstated member of the Great Falls Fire Department whose name has been placed on the roll call of the Great Falls Fire Department Relief Association, whose payroll deduction contributions have been accepted by said Association, and whose attendance at relief association meetings as a member has prior to this date been accepted without question, may not now be considered a non-member by reason of his failure and the failure of the Association to strictly comply with regulations requiring the taking of a physical examination by a member, as set out in the Association's By-Laws. October 14, 1953
25- 47 1.  Contributions exacted under the provisions of the Social Security Act are "taxes" and fall within the province of Section 15, Article XII of the Montana Constitution, setting forth the duties of the State Board of Equalization.  2.  The omission in the title to Chapter 44, Laws of 1953, of the word "social" does not render the title repugnant to Section 23, Article V of the Montana Constitution.  3.  Chapter 44, Laws of 1953, is a constitutional delegation of administrative authority to the State Board of Equalization. November 12, 1953
25- 48 The clerks of court must charge separate fees for the filing of Letters of Administration or Testamentary, and for the filing of a petition to terminate a joint tenancy even though both petitions arise in the same estate. November 13, 1953
25- 49 (1)  A pension must be awarded to the eligible widow or children of any deceased Fire Department Relief Association member who dies while an active member of the fire department.  (2)  Fire Department Relief Association pensions must be paid to the widow of the deceased member or in the event that there is no widow or the widow is not eligible to receive the pension, then it must be paid to the children of the decedent. November 19, 1953
25- 50 November 1st of each year should be designated and known as Pioneer Day in the State of Montana. November 20, 1953
25- 51 1.  The legislature has the power to increase or modify pension benefits granted under the provisions of the Police Reserve Fund.  2.  Where a widow has been receiving compensation under the provisions of Section 11-1821, R.C.M., 1947, as amended by Chapter 69, Laws of 1951, she is entitled to receive as compensation a sum equal to one-half (1/2) the salary her husband was receiving during the year prior to the time he passed to the police reserve list.  3.  Where a policeman passes to the reserve list prior to July 1, 1953 (the effective date of Chaper45, Laws of 1953), and subsequently dies, the payments to the widow should be one-half (1/2) the salary her husband was receiving prior to the time he passed to the police reserve list.  4.  The payments to an eligible widow of a police officer, who passed to the reserve list after July 1, 1953, and prior to making the increased contribution to the fund as required by Chapter 54, Laws of 1953, should be a sum equal to one-half (1/2) the salary her husband was receiving during the year prior to the time he passed to the police reserve list.  5.  The payment to the reserve policeman or his widow is based on the salary he was receiving during the year prior to the time he passed to the police reserve list. November 25, 1953
25- 52 1.  Contracts for making improvements in rural improvement districts must be paid in warrants or bonds of the rural improvement districts.  2.  Where a rural improvement district is located within five miles of the boundary of an incorporated city or town, the cost of said district shall be assessed on an area basis.  3.  Where a rural improvement district is located more than five miles from the boundary of an incorporated city or town, it is optional with the Board of County Commissioners whether the cost of the rural improvement district shall be assessed on an area basis or on a valuation basis.  If the Board of County Commissioners elects to apportion the assessments for the cost of a rural improvement district on valuation basis, the improvements on the land are not to be considered in the computation of the assessment for each lot or p[arcel of land. January 12, 1954
25- 53 1.  One of two or more cotenants may not redeem his undivided interest which has been sold at a tax sale, by paying his proportionate share of the delinquent taxes, penalties and interest.  2.  One of two or more co-tenants may, under the provisions of Section 84-4155, R.C.M., 1947, redeem a parcel of land which has been assessed and sold as part of a larger tract; but the redeeming co-tenant does not thereby acquire any better right or title than he had previous to the tax sale--he remains a co-tenant with the same interest in the portion redeemed which he had in the whole tract before the sale. January 22, 1954
25- 54 A foreign corporation may not do business in this state by any name other than that by which it is known in the state of its incorporation. January 26, 1954
25- 55 1.  The per diem allowed to county commissioners for the inspection of bridges is an emolument within the meaning of Section 31, Article V of the Montana Constitution.  2.  Those county commissioners who are elected prior to the enactment of Chapter 85, Laws of 1953, are not entitled to receive the compensation provided for in that Act, as such would constitute an increase in the emoluments of the office during the term to which the officer has been elected. January 26, 1954
25- 56 The trustees of a cemetery district do not have the authority or power to establish a permanent care and improvement fund. January 27, 1954
25- 57 The principal duties of the Department of State Personnel created by Chapter 251, Laws of 1953, are: 1. To establish a plan and classify all state employees who hold positions in the state classified service. 2. To prepare a compensation plan for state employees in the classified service for submission to the next Legislative Assembly. 3. To examine all applicants for positions in the classified service after April 1, 1955. 4. To make rules and regulations and conduct investigations in aid of, and to fulfill the principal duties of the Department. January 29, 1954
25- 58 That Section 1, Article XIX of the Montana Constitution prescribes the form of oath for any office or position of trust, and such oath cannot be varied in any manner. January 30, 1954
25- 59 1.  A county coroner may cause an autopsy to be performed prior to the holding of a contemplated inquest, provided that within his discretion he has reasonable grounds to suspect that a death has been occasioned by a criminal act and there are no other means of ascertaining the cause of death.  2.  A coroner's contract for the performance of an autopsy binds the county to the payment of a reasonable compensation for the making of the examination.  3.  A county coroner is authorized to conduct an investigation into the death of an individual, after a death certificate has been filed, and may charge a fee for same. January 30, 1954
25- 60 Buildings owned by an educational institution and used exclusively as residences for the principal and teachers of the school are exempt from property taxation as property used exclusively for educational purposes under the provisions of Article XII, Section 2 of the Montana Constitution, and Section 84-202. R.C.M., 1947. February 4, 1954
25- 61 A board of school trustees may not compel a pupil to salute the national flag where the refusal is based upon sincere religious grounds. Neither the threat of, nor actual explusion of a pupil may be resorted to in an effort to obtain compliance. February 9, 1954
25- 62 The Board of Railroad Commissioners has jurisdiction to regulate pipe lines transporting refined petroleum products for hire within the boundaries of the State of Montana. February 11, 1954
25- 63 Soil Conservation Districts are without authority to either loan money to private individuals or to invest in government bonds. February 26, 1954
25- 64 A Board of County Commissioners may fix the term of rural improvement district bonds at a maximum period of twenty years. February 27, 1954
25- 65 That the intent of the State's Veterans' Burial Law is to require the county to pay in ever case of a service person honorably relieved, released, transferred or retired from active duty status. A complete burial by the Federal government or the Veterans' Administration, with all expenses paid, relieves the county of any obligation and constitutes a waiver of the county benefits. March 6, 1954
25- 66 An appeal may be taken to the board of county commissioners from an order of the county superintendent of schools denying the petition requesting the transfer of territory from one school district to another under the provisions of Subsection 7 of Section 75-1805. R.C.M., 1947. March 29, 1954
25- 67 It is not the duty of the board of trustees of school districts to conduct the election of trustees of hospital districts. March 29, 1954
25- 68 1.  Transportation by a school district of children to another district for a school term of six months complied with the statute prior to July 1, 1951, and, subsequently, the term of school for such children was fixed at 180 days. Compliance with these standards would preclude the district from being declared abandoned.  2.  It is within the discretionary powers of school trustees to require a cash deposit by children to cover breakage and excessive us of supplies in the courses designated in Section 75-4232, R.C.M., 1947. March 30, 1954
25- 69 1.  It is the duty of the county superintendent to make every reasonable effort to ascertain the number of qualified electors in a school district in computing the requisite per cent of signers on a petition for annexation of a school district.  2.  Under the facts submitted the petition requesting annexation of a school district had the requisite signatures and an election should have been called and the question submitted to the qualified electors. March 31, 1954
25- 70 1.  The present chairman of the Hail Insurance Board is entitled to receive a salary increase as provided in House Bill 370, said increase not being in contravention to the Montana Constitution.  2.  An increase in salary may be effected by a general appropriation bill, in conflict with a salary statute, said salary statute being deemed suspended and inoperative during the period the appropriation bill is operative. April 26, 1954
25- 71 A paid city fireman member of a Fire Department Relief Association is entitled to payment from the association for sickness or injuries incurred in line of duty while answering a rural fire call. "In line of duty" means doing the work of his employment in following the orders of his superior officers. April 28, 1954
25- 72 That when a board of county commissioners requests a special examination of the fiscal affairs of a cemetery district, the county is liable for the expenses of examination as prescribed by Section 5-910, R.C.M., 1947. April 29, 1954
25- 73 1.  A truant officer appointed by a school board of trustees is not entitled as a matter of right to a vacation with pay in the absence of one year's continuous service.  2.  A school board of trustees has the power to grant a vacation with pay to a truant officer who has not been in continuous employment of the school district for one year. May 1, 1954
25- 74 That so-called "day-care homes" are included in the definition of "foster home or boarding home" as set forth in Section 10-520, R.C.M., 1947, and that, therefore, the state department of public welfare is authorized to issue licenses to persons operating such homes. May 4, 1954
25- 75 1.  Livestock which range in more than one school district in the same county must be assessed in the district in which the home ranch is located unless it can be shown that they have, as a matter of fact, acquired a tax situs in another district.  2.  Assessments on livestock which range in more than one school district of a county may not be pro rated according to the proportionate areas of land in each district. May 5, 1954
25- 76 All employees of the university system, except those excluded by Sub-section 7, Section 3, Chapter 251, Laws of 1953, are included in the classified service administered by the department of state personnel. May 7, 1954
25- 77 The names of persons wishing to file as independent candidates for public office, without party affiliation, are not to be placed upon the ballot at the primary nominating election. May 21, 1954
25- 78 A candidate for office is not entitled to have the measure or principles he advocates printed after his name on the primary election ballot. May 22, 1954
25- 79 Counties which issued tax deeds during the period from March 19, 1941, to March 3, 1949, reserving to the county a 6 1/4% royalty interest in the oil, gas and minerals produced and saved from said lands have effectively reserved those interests in the county. May 24, 1954
25- 80 High school students may not be counted in computing the average number of children transported by any school district so as to preclude the district being declared abandoned under the provisions of Section 75-1522, R.C.M., 1947, as amended by Chapter 109, Laws of 1951. June 28, 1954
25- 81 1.  The county's portion of the budget for a joint airport must comply with, and be adopted in accord with, the county budget law.  2.  Increase in appropriations for any one item in a county budget must not exceed ten per cent with the exception of the capital outlay item.  3.  The maximum budget for a joint airport is the sum of the cash on hand, estimated revenues, and proceeds of the maximum authorized levy. June 29, 1954
25- 82 The public binding requirements of Section 16-1803, R.C.M., 1947, as amended by Chapter 128, Laws of 1951, apply to all purchases of equipment, materials and supplies for a county. June 30, 1954
25- 83 Foreign motor vehicles, used in a gainful occupation in Montana, and remaining in this state for more than 30 days are subject to personal property tax under the provisions of Sections 84-6008 through 84-6014, R.C.M., 1947. July 21, 1954
25- 84 A person may not have his name entered in the assessment book as a claimant to the ownership of land under Section 84-508, R.C.M., 1947, after the assessment book for the year for which he desires to be assessed has been completed and delivered to the County Clerk and Recorder. No person may be assessed under that section for any previous year. July 29, 1954
25- 85 A board of county commissioners may not compromise litigation by granting to the adverse party a portion of the county's reserved royalty interest in oil, gas, or other minerals. July 30, 1954
25- 86 1.  No lien may be placed upon any motor vehicle unless the application for recording of the lien is accompanied by the certificate of ownership, and the lien is endorsed upon the face of the certificate.  2.  Liens which have been placed in the files of the registrar of motor vehicles and which were not accompanied by the certificate are invalid, and should be removed from the files of that department. August 4, 1954
25- 87 The entire discretion in the matter of employing county agents resides in the county commissioners, and they have the power and the duty to decide the question without submitting it to a vote of the electors. August 5, 1954
25- 88 1.  A clerk of the District Court is not prevented by any provision of the Montana Constitution or by the common law principle of incompatibility from simultaneously holding the office of mayor of a city.  2.  A clerk of the District Court is not prevented by any provision of the Montana Constitution or by the common law principle of incompatibility from simultaneously holding the office of city councilman. August 11, 1954
25- 89 That the State's portion of the funds collected from the estates of deceased public assistance recipients must be distributed to the General Fund of the State of Montana rather than to the Old Age Assistance Fund. August 13, 1954
25- 90 The depositories contemplated by Chapter 232, Laws of 1953, do not become trustees for those who are to receive the funeral benefits; that the normal debtor-creditor relationship exists as between the depositor and the depository; and that the depository is under no duty to see that the trust is properly administered. August 20, 1954
25- 91 That a non-accredited high school is not entitled to receive an apportionment of the county ten mill special tax for high schools. August 21, 1954
25- 92 1.  In the submission of the question to the qualified electors of a high school district whether an extra levy should be authorized the amounts needed for each high school must be incorporated in one question.  2.  An extra levy may be voted by the electorate of a school district for the use of the high school of the district although the school district is a part of a high school district. August 26, 1954
25- 93 The board of county commissioners and the board of trustees of a county high school may lease to a school district for a term not exceeding four years a county high school building not needed for the purposes of the county high school, which building would be used by the district for school purposes. August 27, 1954
25- 94 A county attorney does not have the power to employ special counsel unless, specifically authorized to do so by the board of county commissioners as provided in Section 16-1126, R.C.M., 1947. September 23, 1954
25- 95 Interdiction proceedings under Chapter 2, Title 4, R.C.M., 1947, may be instituted in justice court as well as in the district court. September 24, 1954
25- 96 The money realized from the sale of a city hall must be used by the city in the next budget. September 30, 1954
25- 97 The State Board of Public Welfare may legally make a grant in aid to a countv which has exhausted its Poor fund, as well as its emergency appropriation, even though said county did not levy the maximum mill levy as authorized by law. October 7, 1954
25- 98 Persons holding grazing permits under the Grass Conservation Act can, under the provisions of Section 46-2308, R.C.M., 1947, as amended, appeal from any adverse ruling within 60 days after the permit is first issued, or within 60 days after the annual reissuance of such permit. October 8, 1954
25- 99 The district health departments may enter into rental contracts for office space and the like for periods in excess of their budget terms. Such leases or contracts may be executed by the board member authorized by the board to so execute, and no personal liability attaches to that party in the event of premature breach or cancellation occasioned by unit dissolution. October 20, 1954
25- 100 The State Soil Conservation Districts Law (Chapter 72, Laws of 1939) authorizes State Soil Conservation Districts to perform the tasks "required of "state or local" organizations" under the recently enacted Federal law entitled, "Watershed Protection and Flood Prevention Act." November 13, 1954
25- 101 A carnival operated in connection with a county fair by private parties in which the county's only connection with the carnival is to receive a portion of the profits in return for the use of a portion of the fairgrounds is not exempt from the licensing requirements of Section 84-3201 (2), R.C.M ., 1947, as amended. November 18, 1954
25- 102 The President of Montana State Industrial School is without power to assign the custody or control of a boy under his jurisdiction to the armed forces. November 23, 1954
25- 103 A sheriff may not employ his wife, or anyone related to him by consanguinity within the fourth degree or by affinity within the second degree, as a matron under his supervision; or for any position of trust or emolument within any department of this state or any of its political subdivisions, even though the authorization for such employment has been given by his board of county commissioners. December 2, 1954
25- 104 The State Board of Railroad commissioners may grant carriers permission to decrease their rates when such decreases are requested by the carriers, and notice and hearing are not required. December 6, 1954
25- 105 There is no incompatibility or official status attached to the employment of a clerk of a school district that would prevent said clerk from working for the school district in another capacity, particularly that of a school bus driver or janitor. December 8, 1954
25- 106 Automobile associations indemnifying their members against collision loss are insurance corporations under the jurisdiction of the insurance commissioner of the State of Montana, and must comply with the laws of Montana and regulations therefor. December 10, 1954
25- 107 County commissioners have the authority to fix speed limits upon public highways in unincorporated towns within their jurisdiction and at any points on county highways where the supervisor of the Highway Patrol has not acted to establish speed zones. December 11, 1954
25- 108 1.  There may be one or more teachers' associations within this state and the members of one association have equal rights with those members of a similar state-wide teachers' association.  2.  Where a school is closed for any teachers' association convention, all teachers in the school are entitled to receive pay for such days. December 16, 1954
25- 109 The stenographer's fee must be collected at the beginning of each trial of an issue of fact. December 20, 1954
25- 110 A Board of County Commissioners has the power to enter into a contract for the construction of a bridge, which contract will exceed $10,000, when there is cash on hand in the budget designated for bridge purposes and in an amount sufficient to pay the contract price without violating Section 5, Article XIII, of the Montana Constitution. December 27, 1954
25- 111 Land owned by a municipality may not be sold for non-payment of taxes which were assessed before the municipality acquired the land. December 28, 1954
25- 112 That an area lying and being contiguous to a rural fire district may not become a part of the rural fire district when the area seeking admission is in another county. December 29, 1954
25- 113 The proceeds of the 6 1/4% royalty reservation retained by the county upon the sale of tax deed lands are something in excess of the proceeds of the sale and should be credited to the General Fund of the county. December 30, 1954
25- 114 1.  The Fish and Game Commission may negotiate with private landholders in order to obtain access to the fishing waters of navigable streams and lakes for the properly licensed fishermen in the State of Montana.  2.  All streams capable of floating logs or which have floated logs to the mill or market are by the enactment of Chapter 95, Laws of 1933, made navigable in fact.  3.  The legislature has by the above enactment declared all streams in the above category to be navigable in fact and the access provisions of the code apply thereto.  4.  The streams which the Commission knows have floated or do float lumber and come within the above category have already been declared navigable in fact by the legislature and no further declaration is necessary. December 30, 1954
25- 115 he Volunteer Firemen's Compensation Act applies to volunteer fire fighters in fire departments organized in rural areas outside unincorporated towns or villages. December 31, 1954
  • 2 October 2018
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