Attorney General’s Opinions

Volume 26

Opinion Held Date
26- 1 A vacancy in the office of County Attorney must be filled through appointment by the Board of County Commissioners in office at the time the vacancy exists in fact. January 27, 1955
26- 2 Funds of a cemetery district must not be used to support and maintain a cemetery owned by a fraternal organization. The trustees of a cemetery district have the power and authority to accept or refuse to accept a private cemetery as a gift. February 7, 1955
26- 3 The director of the agricultural experiment station of the Montana State College has the authority to make reasonable regulations concerning the maintenance, operation, and public use of the park area within the Huntley Branch station under the provisions of Section 2 of Chapter 195, Laws of 1947. February 14, 1955
26- 4 No penalty or interest charges may be assessed upon payments in lieu of taxes made by the State Fish and Game Department. March 31, 1955
26- 5 The Workmen's Compensation Act is, as to a school district, exclusive, compulsory and obligatory upon both employer and employee and there is no right to elect whether or not each shall be subject to the act. April 4, 1955
26- 6 Municipalities in Montana may adopt as an ordinance the short form of the Public Health Service Milk Ordinance and municipal permits to operate are an effective exercise of the police power. April 7, 1955
26- 7 It is the duty of a city to provide emergency medical attention for a prisoner in a city jail except for a prisoner whose medical care has been assumed by the county prior to incarceration in the city jail. April 18, 1955
26- 8 1.  The legislature has the power to assess to the purchaser the full value of state lands which are then under contract of purchase.  2.  Chapter 107 of the Laws of 1953, does not contravene Section 11, Article III of the Constitution of Montana, forbidding the passage of laws which impair the obligation of contracts. April 25, 1955
26- 9 1.  A bill which changes the method of reporting corporate income for tax purposes is not a revenue bill within the meaning of Article V, Section 32, of the Montana Constitution.  2.  A bill which changes the rates of existing taxes is not a revenue bill within the meaning of Article V., Section 32 of the Montana Constitution. April 27, 1955
26- 10 1.  Errors made by the county assessor in assessment of property may not be corrected by the board of county commissioners except when sitting as a board of equalization.  2.  The county assessor, with the consent of the county attorney, may reduce an assessment on property after the board of equalization has set the tax levy and time has expired for the board to act in those cases where the assessment is in error because of an omission, error or defect of form in the assessment book. April 28, 1955
26- 11 1.  The trustees of a school district have the authority to employ any teacher they see fit and have a discretionary power in the employment of a married teacher providing the teacher does not have tenure rights.  2.  School trustees do not have the authority to provide in a contract that a teacher must relinquish her position should she marry during the term of the contract.  3.  No provisions may be included in teachers' contracts discriminatory to married teachers.  4.  School trustees do not have the power to employ married teachers on a day to day basis for the purpose of evading the teachers' tenure law, nor do they have the power to employ single teachers in such a manner. May 12, 1955
26- 12 Under Section 84-4915, R.C.M., 1947, a taxpayer who has been a resident of the State of Montana for part of the taxable year and a non-resident for part of the taxable year is not required to file a state income tax return if all of his Montana income was earned during the period in which he was a resident and amounts to less than $1,000 in the case of a single taxpayer or $2,000 in the case of a married taxpayer who was living with a husband or wife, or a taxpayer who is the head of a family. May 16, 1955
26- 13 The county officers enumerated in Section 25-605, RC.M., 1947, are entitled to the salaries set by that section and when a board of county commissioners, acting on incomplete or erroneous information, fixes the salaries at an incorrect amount, they must later rescind their action and fix the salaries at the correct figure, even though the time set by the statute for the action has expired. May 24, 1955
26- 14 Warrants issued by any cemetery district for services, goods, wares, merchandise, and material furnished to said cemetery district are validated and ratified under and by virtue of Chapter 4, Laws of 1955. May 25, 1955
26- 15 A district superintendent of schools who has served two successive terms in a district may thereafter be appointed to a three-year term by the board of trustees. Section 75-4140, R.C.M., 1947, does not limit succeeding terms to one year. May 28, 1955
26- 16 If the qualified electors approve the issuance of bonds for the purpose of erecting a county hospital, the board of county commissioners does not have the authority to use the funds realized from the issuance of the bonds for the purpose of purchasing a hospital already constructed. May 31, 1955
26- 17 Where a legislative act fails to prescribe an effective date, the act is ineffective for any purpose until July 1 of the year of enactment. May 31, 1955
26- 18 1.  Under Article V, Section 40 of the Montana Constitution, only resolutions, legislative in character, need be sent to the Governor for approval.  2.  The separation of power doctrine pronounced by Article VI of the Montana Constitution, prohibits the Governor from invalidating a joint resolution of the legislature that is an expression of legislative opinion only. June 4, 1955
26- 19 1.  The monthly pension to widows or minors paid by the Fire Department Relief Association, shall be the same amount as the deceased fireman drew as a pension prior to his demise.  2.  The Fire Department Relief Association is not required to pay interest on the past due pension benefits.  3.  The Fire Department Relief Association must pay a pension to an eligible minor even though the child has, subsequent to his father's demise, become legally adopted.  4.  The pension benefits should be paid to the guardian of the minor child for the use and benefit of the child. June 13, 1955
26- 20 It is within the power and authority of the governing offices of school districts, cities and counties to provide in the current budget for the employer's contribution in anticipation of a favorable vote by referendum of the employees to be covered under the Social Security Act. June 22, 1955
26- 21 That payment of a benefit to an eligible injured member of a Fire Relief Association in an amount equal to one-half (Y2) his monthly salary, as awarded by the members of the Association, does not contravene state law or the by-laws of the association. June 27, 1955
26- 22 Words cannot be supplied to or omitted from a statute to determine the legislative intent. A "gainful occupation" under the Silicosis Act is a work or business; it is not a person. June 30, 1955
26- 23 A person who brings a car into the state and his home county after the assessment date, January 1, and purchases an adjoining county license plate cannot avoid the payment of taxes in his home county and cannot operate his motor vehicle therein with any license plate bearing the number assigned to another county. July 1, 1955
26- 24 The trustees of a school district do not have the power of authority to establish and budget for a six-year high school. July 2, 1955
26- 25 The question of controlled fluoridation of public water supplies may be submitted by referendum to the people of a municipality. July 5, 1955
26- 26 1.  A teacher or principal who has acquired a tenure right by virtue of employment for three consecutive years may be deprived of this right only for legal cause.  2.  A school board in taking the right of tenure from a teacher must observe the following provisions of the law: a. The school board shall, on or before the first day of April, give notice in writing to the teacher that his (or her) services will not be required for the ensuing year; b. The school board, if requested by the teacher, shall declare clearly and explicitly the specific reason or reasons for the failure to re-employ such teacher; c. The school board, if requested by the teacher, shall grant a hearing and reconsideration "of such dismissal" to such teacher; d. The school board must hold such hearing and reconsider its action within ten days after receipt of such request.  3.  At the hearing before the board of trustees, evidence must be offered to substantiate the written charges with the right of cross examination on the part of the teacher and the teacher given the right to present evidence to refute the charges.  4.  On an appeal to the county superintendent, an additional opportunity of presenting evidence with the right of cross examination is granted to both parties and a written record should be made of all testimony, including a written decision on the part of the county superintendent, which record may be used on an appeal to the State Superintendent of Public Instruction. July 8, 1955
26- 27 1.  In determining the maximum amount for which a high school district may become indebted, the proposed indebtedness must be apportioned among the common school districts comprising the high school on a proportionate valuation basis. If such proposed indebtedness will result in anyone common school district's exceeding five per cent of its valuation when the amount so apportioned is added to the outstanding indebtedness of the common school district, then the amount of the proposed indebtedness of the high school district which causes the common school district to exceed five per cent of the value of the common school district is invalid.  2.  In determining the limitation of indebtedness of a common school district, the proportionate share on a valuation basis of the outstanding indebtedness of the high school district, and the amount remaining is the limit of additional indebtedness which may be incurred by such common school districts. July 13, 1955
26- 28 The lien provided for by Section 91-4415, R.C.M., 1947, as amended by Chapter 16, Laws of 1951, is valid and constitutional. Liens for unpaid inheritance taxes which were in existence at the time of passage of Chapter 16, Laws of 1951, were not cut off by the passage of that act, and they remain in existence until paid. July 19, 1955
26- 29 The lien provided for by Section 91-4415, R.C.M., 1947, as amended by Chapter 16, Laws of 1951, is valid and constitutional. Liens for unpaid inheritance taxes which were in existence at the time of passage of Chapter 16, Laws of 1951, were not cut off by the passage of that act, and they remain in existence until paid. July 20, 1955
26- 30 The State Board of Equalization has power to increase or decrease valuations made by county assessors or county boards of equalization. July 21, 1955
26- 31 1.  The State Board of Equalization is the proper agency to administer the provisions of Chapter 17, Laws of 1955.  2.  Chapter 17, Laws of 1955, does not contravene the 14th Amendment to the U.S. Constitution.  3.  Chapter 17, Laws of 1955, is not class legislation or a special law, and is not in violation of Section 26, Article V, Montana Constitution.  4.  Chapter 17, Laws of 1955, does not unlawfully delegate legislative authority.  5.  The Title of Chapter 17, Laws of 1955, is not defective, and does not bring the Act into conflict with Section 23, Article V, Montan Constitution.  6.  Chapter 17, Laws of 1955, is a valid existing law of the State of Montana. August 3, 1955
26- 32 A high school building financed by bonds issued by a high school district, may be constructed on land owned jointly by the county high school and a school district. August 4, 1955
26- 33 The defeat of the question to change the site of a school house in a third class district does not preclude a second election in less than three years time resubmitting the question of change of site. August 5, 1955
26- 34 1.  The trustees of a school district are not authorized to accept a combination bid for contracts of transportation for two school bus routes when the advertisement for bids stated and requested bids for each route separately, and when the lowest bid from a responsible bidder for each route was rejected and a combination bid accepted with greater expense to the school district.  2.  The board of trustees of a school district has discretionary power in determining the responsibility of bidders, but such discretionary power must be based on facts and is not an arbitrary power. August 18, 1955
26- 35 1.  That the Board of Trustees of School District No.1 of Silver Bow County in appointing a teacher who is not a teaching principal to the position of supervisory principal, violated Section 3 of Rule 4 when there were teaching principals qualified and willing to accept the position.  2.  That it is the duty of the Board of Trustees, when there is a vacancy in the position of supervisory principal, to give sufficient and adequate notice to all teaching principals of such vacancy, which notice should request applications to be filed with the board on or before a fixed date.  3.  That the Board of Trustees has the power and authority to transfer supervisory principals from one school to another, and after such transfer any vacancy in the position of supervisory principal must be filled from the ranks of the teaching principals. August 22, 1955
26- 36 1.  Territory of one high school district may be transferred to another high school district, notwithstanding that there is outstanding bonded indebtedness as the territory transferred may be taxed for the payment of the bonds.  2.  The legislature may provide a method for the change of boundaries of high school districts, as there is no constitutional restriction limiting the legislative power to enact a statue. August 26, 1955
26- 37 The prohibition of feeding uncooked garbage contained in Section 46-2601, RC.M., 1947, applies to chicken and other fowls. September 26, 1955
26- 38 1.  A county coroner must investigate all deaths shere, in the exercise of his discretion, he finds reasonable grounds to suspect such death was occasioned by killing, suicide, or by the act of another, by criminal means; such facts as length of time between injury and death, lack of medical services at time of death, etc., are merely facts to be considered by the coroner in his investigation, they do not affect his right or duty to make such investigation.  2.  Section 69-513, R.C.M., 1947, places a duty upon local registrars to advise the coroner of all deaths caused by other than natural causes  3.  County coroners must investigate all questionable deaths, and he can sign death certificates therefore, despite the fact that the body had been embalmed prior to the time he was notified of such death.  4.  County coroners may use photograhpy as a reasonable investigative tool in performing, "inquir(ies) into the cause of  . . . death.", as  required by Section 94-201-1, R.C.M., 1947. October 11, 1955
26- 39 1.  Counties are obligated to build and maintain a county jail in good repair by Section 16-2801, R.C.M., 1947, and such county expense cannot be proportioned to any city.  2.  In the absence of a contract made pursuant to Section 11-3336, R.C.M., 1947, a city which is operating under the commission-manager form of government is not authorized to make payment for services rendered by a matron at a county jail.  3.  Cities or towns can make emergency expenditures under the provisions of Section 11-1409, R.C.M., 1947, in order to contract with the county for expenses to be incurred by the county in caring for city prisoners. October 14, 1955
26- 40 1.  The trustees of a cemetery district, under the provisions of Chapter 165, Laws of 1955, must provide for a permanent care and improvement fund for such cemetery district and must provide by resolution for the transfer to the trustees of such fund not less than fifteen nor more than forty per cent of the moneys received from the sale of cemetery lots designated as perpetual care lots by the cemetery district. The trustees of the district may transfer unexpended moneys of the cemetery district remaining at the end of any fiscal year to such fund.  2.  Cash on hand of the cash balances which are not impressed with trusts and which have not been transferred to the permanent care and improvement fund must be considered together with other income in determining the amount to be raised by taxation for the budget of a cemetery district.  4.  It is advisable and the public interest will be protected if cemeterty district funds remain on deposit in the office of the county treasurer in the county where such cemetery district is located. October 27, 1955
26- 41 1.  A County Treasurer may pay redemption monies to a person who presents evidence adequate to prove, in the Treasurer's judgment, that he is the holder of a lost tax sale certificate, and the person entitled to payment.  2.  No claim need be made to, nor approved by, the Board of County Commissioners for payment of redemption monies by the party entitled to the redemption money. November 17, 1955
26- 42 1.  Sections 32-1107 and 32-1108, R.C.M., 1947, were not repealed until July 1, 1955, and those sections were in full force and effect during the period from March 10, 1955, until July 1, 1955. There was no hiatus or gap in time during which there was not a valid law in Montana governing the driving of a motor vehicle while intoxicated.  2.  In a case where judgment of conviction was pronounced prior to July 1, 1955, and the case was not appealed within the time allowed by law, the judgment is final, and is not affected by the repeal of Sections 32-1107 and 32-1108, R.C.M., 1947.  No such conviction may be set aside, and no fine may be returned or direr's license restored.  3.  All pending appeals from judgments of conviction upon charges of driving while intoxicated under Sections 32-1107 and 32-1108, R.C.M., 1947, should be prosecuted to judgment in the District Courts. December 6, 1955
26- 43 Soil conservation district supervisors may, under Section 76-107, R.C.M., 1947, call upon the Attorney General for legal services and the Attorney General may, under Sections 82-401 and 16-3101, R.C.M., 1947, direct county attorneys to furnish such assistance. Soil conservation district supervisors can hire private counsel, which counsel can be empowered by the Attorney General to act as special Assistant Attorneys General. December 15, 1955
26- 44 1.  A Board of County Commissioners may not sell property acquired by tax deed after reappraisal without first readvertising the property for sale at public auction.  2.  There cannot be a private sale of tax deed lands unless the property so sold has previoulsy been offered for sale at public auction at the same appraised price.  3.  It is the duty of the board of county commissioners to set the appraised value to tax deed lands at the fair market value, and any sale made at less than the fair market value is in violation of the duty of the commissioners to secure for the county the best possible price.  4.  A board of county commissioners need not reappraise property before selling it at private sale, but must offer any tract of tax deed land at public sale after any reappraisal before offering it for private sale at that price.  5.  It is the duty of a board of county commissioners to reappraise tax deed property whenever the appraised value does not reflect the fair market value.  6.  The provisions of Section 16-1009, R.C.M., 1947, apply only to those tax deed properties which have a value of less than fifty dollars ($50.00) and have been offered at least once at public auction under the provisions of Section 8404190, R.C.M., 1947. December 19, 1955
26- 45 The hospital and medical expenses of a convicted violator of the Fish and Game laws serving sentence in lieu of fine are not proper charges against the Fish and Game fund as costs of prosecution. December 20, 1955
26- 46 1.  A police officer may not be compelled to serve in excess of eight consecutive hours in any twenty-four hour period on nonemergency duty unless he is compensated by overtime pay.  2.  Supervision of crowds at basketball games and direction fo traffic thereafter does not constitute an emergency which would require a police officer to be called to duty in excess of his regular eight hours of service. December 20, 1955
26- 47 1.  The per diem allowance of the appointive members of the Board of Hail Insurance is an emolument within the meaning of Section 31, Article V of the Montana Constitution.  2.  The appointed members of the Board of Hail Insurance may not have their per diem allowance increased during their appointive term of office as such increase would constitute an increase in the emolument of the office and be in violation of Section 31, Article V of the Montana Constitution. December 22, 1955
26- 48 Motels are included within the definition of "tourist camps" contained in Section 69-112, R.C.M., 1947, and must be licensed in accordance with the provisions of Section 69-114, R.C.M., 1947. December 23, 1955
26- 49 1.  The supervision of any person originally confined to the Montana State Hospital at Warm Springs, Montana, and later transferred to the Home for the Senile Aged, vests in the Superintendent of the Montana State Hospital at Warm Springs.  2.  Should a person be originally committed to the Montana State Hospital at Warm Springs, Montana, and later transferred to the Home for the Senile Aged at Lewistown, Montana, the status of the person is not the status of a person on parole, but is merely that of a person who has been transferred from one department of the State of Montana to another department of the State of Montana.  It is therefore not necessary to secure additional order of commitment should this person again revert to such a state of mind that it is necssary for the suject ot be readmitted to the Montana State Hospital at Warm Springs, Montana. December 27, 1955
26- 50 No fee is collectible by the county clerk and recorder for filing the copy of a judicial determination of date of birth required by Section 93-101-4, R.C.M., 1947. December 28, 1955
26- 51 The County Poor Fund is the proper fund to charge for expenses of the county in providing care, maintenance and treatment for indigent inebriates at the Montana State Hospital located at Warm Springs, Montana. December 29, 1955
26- 52 It is the duty of the County Attorney to defend the Board of County Commissioners in actions brought against them for the performance of their official functions. Further, if the County Attorney is unable to serve as counselor is in any way disqualified to serve, the Board of County Commissioners may retain counsel for their defense, the expense therefor to be borne by the county. December 30, 1955
26- 53 1.  Official bonds of all appointive or elective city or town officials must be term bonds and a new bond must be filed on re-election or re-appointment. Continuation certificates of initial bonds may be used and filed, providing such certificates meet all the requirements of the initial bond of the officer.  2.  The liability of a surety of a town or city official appointed for an indefinite term is limited to the penal sum of the bond, notwithstanding the fact such official continues in office for many years, by virtue of his original appointment, during which time annual premiums are paid. December 30, 1955
26- 54 1.  The board of county commissioners has the authority to enter into a contract for land classification in the amount which will be realized from the authorized levy and cash on hand in the fund, without submitting the proposed expenditure to the voters, without violating Section 5, Article XIII of the Constitution of Montana.  2.  The board of county commissioners does not have the power to enter into a contract for classification of the real property in the county, in the amount of $59,000, when the amount to be realized from a one-half mill levy authorized by Chapter 198, Laws of 1955, is approximately $11,000. December 31, 1955
26- 55 The Registrar of Motor Vehicles may not issue a certificate of ownership of a motor vehicle except upon receipt of a copy of a proper application for registration from the county treasurer. January 4, 1956
26- 56 1.  That the county transportation committee must approve bus routes for transportation of children residing more than three miles distant from an established school and must also approve applications for increased transportation payments and settle all controversies arising from transportation disputes.  2.  That the Board of Trustees of a school district has discretionary authority to furnish bus transportation to children residing less than three miles from an established school and the expense of the operation of such busses shall be the obligation of the school district exclusively.  3.  That the transportation committee has no supervisory power over bus routes or the operation of busses which are established under the discretionary power of the trustees of a school district for the transportation of children living less than three miles from an established school. January 5, 1956
26- 57 The State Board of Land Commissioners may not enter into any agreement which diminishes the amount to be paid for royalty oil produced from state school lands below the posted field price existing on the day the oil is run into a pipe line or storage tank as required by Section 81-1704, R.C.M., 1947. January 10, 1956
26- 58 The State Board of Education and all county officials in apportioning school funds must distribute such money and make necessary computations on the basis of the assessment books as changed by the State Board of Equalization. January 12, 1956
26- 59 In a school district of the first class where an election is to be held to elect trustees and the terms of two of the trustees regularly expire and the terms of three of the trustees expired two years prior to the election and the incumbents of the offices are hold-over trustees, three trustees should be elected and it should be determined by lot which hold-over trustee should hold over so that a majority of the board will not be elected in any one year. February 10, 1956
26- 60 1.  Funds which are administered by the State Board of Land Commissioners as parts of the Montana Trust and Legacy fund including the permanent school funds may not be invested in farm ownership loans.  2.  The State Board of Land Commissioners may invest moneys in the long term investment fund as enumerated in Chapter 176, Laws of 1953, in insured farm ownership loans. February 15, 1956
26- 61 1.  The Liquor Control Board may define duties and job classifications of its employees, limited only where the legislature has specifically defined such duties.  2.  The Liquor Control Board can not assign additional duties to their employees, which duties and germane to their basic employment and thereby avoid the salary maximums established by the legislature in the Montana Liquor Control Act.  3.  The Liquor Control Board can appoint only one vendor for each state liquor store.  4.  The Liquor Control Board can adopt rules and regulations whereby assistant vendors can assist vendors in performing the duties of the vendor.  5.  The Liquor Control Board may appoint any number of assistant vendors in each state liquor store, and they must be paid under the salary schedule in use for "vendors" and not under the salary classification for "other employees." February 16, 1956
26- 62 (1)  No refund of taxes may be made when the taxes were not paid under protest and the incorrect levy is based upon erroneous information furnished by the taxpayer.  (2)  When taxes have been incorrectly assessed against a tract of land not owned by the taxpayer to whom they were assessed, and a tract of land of equal size owned by the taxpayer has not been assessed, the land actually owned by the taxpayer may not be sold for the delinquent taxes accrued on the other tract. February 28, 1956
26- 63 1.  Only registered electors may vote at annual elections in school districts of the first class.  2.  It is the duty of the county clerk to preparer poll books for a school trustee election in school district of the first class. March 1, 1956
26- 64 A veteran applicant for the position on the fire department, over the age of 31, who has a nonservice-connected disability which does not incapacitate the veteran from performing the rigorous duties of a fireman, is not prohibited nor restricted by Chapter 29, Laws of 1955, from being appointed as a fireman on the municipal fire department, and further, must be given preference in appointment and employment. March 7, 1956
26- 65 1.   A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information which will aid it in its duties of maintaining highways and regulating the traffic thereon.  2.  A Board of County Commissioners has the power to hire employees or make contracts for the gathering of information necessary to determine the recreational and park need of the county and the area available to satisfy the needs.  3.  A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information necessary to determine the need for additional schools or school districts within the county.  4.  A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information and prepare "land-use" maps for the use of the county assessor and other taxing officials.  5.  A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information about ground water conditions to aid in exercising its powers over the location and laying of underground pipelines.  6.  A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information necessary to the exercise of its powers over the health and welfare of the county under Sections 69-703, 69-802, 69-803, 16-1008 and 16-1008A, R.C.M., 1947.  7.  A Board of County Commissioners may hire expert help, where needed, to determine whether plats submitted to them conform to statutory requirements, and the provisions of Section 11-602(9), R.C.M., 1947.  8.  Studies necessary to the establishment of zoning districts may be undertaken by a planning and zoning commission established under Sections 16-4101, et seq. R.C.M., 1947, but not by the Board of County Commissioners.  9.  A Board of County Commissioners may contract for services or hire employees and make county expenditures for the gathering of information necessary to the exercise of its discretion over rural improvement districts formed under Sections 16-1601 through 16-1632, R.C.M., 1947, and fire district formed under Section 11-2008 and 11-2019, R.C.M., 1947; however, the board has not power to act until its jurisdiction has been invoked by petition of the requisite number of property owners. March 13, 1956
26- 66 1.  A County Clerk and Recorder, as Ex-Officio County Registrar, must, upon the request of a person designated as a deputy registrar by Chapter 80, Session Laws of 1955, furnish to such person the requisite forms for registration or transfer of registration of the electors within the county.  2.  Chapter 80, Session Laws of 1955, is a valid exercise of legislative authority. March 15, 1956
26- 67 1.  A majority vote of the trustees of a county high school is sufficient to expel a student who has violated rules and regulations made by the principal and approved by the board of trustees which rules relate to the general administration of the high school.  2.  A two-thirds vote of the board of trustees of a county high school is necessary to expel a student who has violated rules and regulations adopted byte trustees relating to secret societies. March 17, 1956
26- 68 Dealers who are licensed to sell beer at wholesale under the Montana Beer Act and also sell other products at wholesale, must have a wholesale store license as prescribed in Section 84-2407, R.C.M., 1947. March 28, 1956
26- 69 The removal of cattle from a county without first having had any of the removed animals inspected, or without first having obtained a market consignment permit listing any such animal is a misdemeanor and violation of Section 46- 801, and 46-806, R.C.M., 1947, as amended.  
26- 70 1.  The Board of County Commissioners is not authorized to submit the question of a special levy for the purpose of carrying on extension work in agriculture and home economics to the qualified voters of the county.  2.  The Board of County Commissioners has the discretionary authority to determine if there shall be a special levy for the purpose of carrying on extension work in agriculture and home economics. April 14, 1956
26- 71 The maximum budget of a cemetery district is limited to the cash on hand, operational income, income from the permanent care and improvement fund, and the proceeds of a tax levy which must not exceed two mills. April 17, 1956
26- 72 1.  A fireman may not be compelled to serve in excess of eight consecutive hours in any twenty-four hour period on non-emergency duty unless he is compensated by overtime pay.  2.  Supervision of crowds at sporting events does not constitute an emergency which would require a fireman to be called to duty in excess of his regular eight hours of service. April 18, 1956
26- 73 The time for filing petitions for nominations for county and state offices is computed by excluding the first day and including the last, unless the last day is a holiday, then it is also excluded. April 21, 1956
26- 74 1.  The boundaries of a high school district may be changed or altered under the provisions of Section 75-4607, R.C.M., 1947, and that the method there provided is exclusive.  2.  The inclusion in a petition for the transfer of territory of a common school district of a request for the transfer of the territory of a high school district does not affect the validity of the petition for the transfer of territory of the common school district. May 18, 1956
26- 75 A county surveyor is entitled to payment for supervisory services performed in the construction of city streets, under the provisions of Section 53-122 (b), R.C.M., 1947, and the fee to which he is entitled should not be paid into the county treasury for the use and benefit of the county's general fund. May 29, 1956
26- 76 The board of trustees of a school district may designate a school officer to act as agent of a school district to execute the necessary documents, receipts and agreements for the acquisition of surplus property authorized to be transferred for educationl use under the Federal Property and Administrative Services Act of 1949, as amended. June 13, 1956
26- 77 1.  An insurance company may not take any deduction for reserves required by law if it is reporting on a separate accounting basis.  2.  An insurance company may take a deduction for reserves required by law if it is reporting on an apportionment basis. June 19, 1956
26- 78 Interest income received by a New York corporation from a New Jersey corporation which does all of its business in Montana may be included in Montana income in determining the gross income of the New York corporation. June 19, 1956
26- 79 1.  The Board of Directors of non-profit hospitals, private schools and colleges may by resolution designate the persons to execute the necessary documents for surplus property and bind their principals.  2.  The Bishop of a religious society which has incorporated as a sole corporation may by directive designate the person or persons to act for each institution under his jurisdiction in executing the contracts as required under the Federal Property and Administrative Act of 1949, as amended. July 13, 1956
26- 80 An employee, upon completion of one year service with the state, is eligible for cash compensation for unused vacation leave previously accumulated in one department of the state prior to transfer to another state agency.  
26- 81 1.  Parties to actions in police courts are entitled to have a jury trial.  2.  Jurors serving in a police court shall receive $3.00 per day in accordance with the provisions of Section 25-403, R.C.M., 1947. September 24, 1956
26- 82 All applications of widows, orphans and parents which are made to the Board of Examiners for payment of the honorarium or adjusted compensation pursuant to Chapter 125, Session Laws of 1955, must be accepted and paid. October 27, 1956
26- 83 1.  The State Board of Education has the power and authority to pledge one-half of the interest and income realized from the land grant received from the Federal Government under Section 17 of the Enabling Act for the payment of housing facility bonds at each of the two normal schools in the State of Montana which are Eastern Montana College of Education and Western Montana College of Education.  2.  The pledge of such income is junior to the prior pledge for bonds heretofore issued. October 29, 1956
26- 84 1.  The trustees of a fire district have the authority to enter into conditional sales contracts to purchase necessary fire fighting equipment for the fire district.  2.  The trustees of a fire district may issue warrants up to the amount of the budget appropriations notwithstanding the fact that there is no money in the fund.  3.  It is advisable that the trustees of a fire district solicit bids by advertising for the purchase of equipment.  4.  The by-laws of the fire district should designate the officers who shall have the authority to execute contracts on behalf of the fire district. October 29, 1956
26- 85 The County Clerk and Recorder may not, for official services enjoined by law, charge the State Highway Commission with fees for the recording of, nor for furnishing copies of instruments. November 2, 1956
26- 86 Every fireman who has served five (5) years as an active member in a paid fire department in an incorporated city or town is entitled to exemption from payment of poll taxes. November 3, 1956
26- 87 Section 77-157, R.C.M., 1947, entitles all governmental employees who are members of military organizations defined in said section to attend annual training programs of fifteen days duration without loss of their governmental pay and without such period being charged against the employees annual leave. November 5, 1956
26- 88 1.  Under the present state of the law, the moneys realized from the sale of the county high school on its abolishment must be allocated to all district high schools including the new one established in the district of the county high school on the basis of the previous year's attendance.  2.  Legislation should be submitted to the next legislature which will provide for distribution of the funds realized from the sale of a county high school built in part with funds from the high school district so that there will not be an inequitable distribution.  The high school established after the abolishment of the county high school should receive that portion of the funds which were contributed by the high school district under the new statute.  3.  A petition may be circulated prior to July1 and filed after July1, calling an election to abolish the county high school and the questions should be submitted at the next general election.  The sale of the property may be delayed until after appropriate legislation providing for the distribution of the funds has been considered by the legislative assembly.  Such procedure makes the proper distribution for the sale price of the county high school subject to the good will and discretion of the legislature and is a risk that must be considered by those interested in instituting the proceedings. November 5, 1956
26- 89 Venapuncture (intravenous technique) by a professional nurse, upon order of a doctor of medicine, is a professional nursing service and not the practice of medicine. November 9, 1956
26- 90 The County Clerk and Recorder may only charge for filing and indexing a lis pendens a fee of fifty cents. November 10, 1956
26- 91 A member of a fire department who has completed twenty years of active service but has not reached the age of fifty years as a fully paid member of the fire department, may not retire from the service and be granted his pension effective when he reaches the age of fifty. November 19, 1956
26- 92 1.  The use of school property received by the district in a deed which stated that the premises shall "be used for school house grounds" may be used as a location for a teacherage without violating the restriction, as a teacherage is a part of a school plant.  2.  Premises conveyed to a school district to "be used for schoolhouse grounds" reverts to the grantor or his heirs upon the cessation of use for school purposes.  3.  A conveyance of land to a school district upon condition that the land be used only for school purposes does not violate the rule against perpetuities.  
26- 93 The Governor of Montana may, by Executive Order, authorize and direct the Donable Property Division of the Department of Public Instruction to acquire, warehouse, and distribute donable personal property to civil defense organizations of the State of Montana and its political subdivisions and instrumentalities, and to execute certifications and agreements required by the Federal Government. November 21, 1956
26- 94 1.  In computing the vacation leave of firemen, as well as all other state, county or city employees, only working days are to be considered in the computation, and non-working days, days off, and legal holidays, are to be excluded therefrom.  2.  The municipal ordinance, Section 6-114, is in conflict with our State Statutes, Section 59-1001 and 59-1002, R.C.M., 1947, and is therefore invalid, and thus, a fireman or other city employee may accumulate his vacation leave to a maximum of Thiry (30) working days. November 24, 1956
26- 95 1.  Persons afflicted with communicable diseases and resisting treatment may be quarantined or isolated in the county hospital and detained until cured.  2.  Tuberculars who resist treatment should be taken care of in the district where effective control may be maintained.  3.  Law enforcement agencies must assist and cooperate with the local health boards so that the desired results may be achieved. November 29, 1956
26- 96 'Bank pool' or 'skill pool' is the game of 'bagatelle' and is played upon a bagatelle table and the proprietor of each such table must pay the proper license fee as prescribed by Section 84-3201, R.C.M., 1947, as amended. December 1, 1956
26- 97 1.  New Motor Vehicles are all vehicles, unimpaired by use, which are self-propelled, except road rollers, traction engines and railroad cars, farm tractors, and motor cars run upon stationary rails or tracks.  2.  New Motor Vehicle Dealer is any person, firm, association, or corporation engaged in the business of buying, selling, repairing, and reconditioning new motor vehicles and who maintains a place of business with adequate facilities and equipment for the servicing, repair, maintenance, and reconditioning of new motor vehicles and also adequate display facilities for at least one motor vehicle.  3.  Used Motor Vehicles shall include any motor vehicle which has been sold, bargained, exchanged, given away or title transferred from
the person who first took title to it from the manufacturer or importer, dealer or agent of the manufacturer
or importer, and so used as to have become what is commonly known as "second-hand" within the
ordinary meaning thereof.  4.  Used Motor Vehicle Dealer includes any person, firm, association or corporation engaged in whole or in part in the business of buying, and selling motor vehicles which have been sold, bargained, exchanged, given away or title transferred from the person who first took title to it from the manufacturer or importer, dealer or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second-hand" within the ordinary meaning thereof.  5.  A dealer is not required to have a new car franchise from a manufacturer in order to be entitled to "D" license plates.
December 5, 1956
26- 98 1.  That the creation of a gravel pit and the operation thereof is not expressly directed by law, but is an activity that grew out of or was assumed by reason of the proprietary capacity of the county and, therefore, under the factual situation in this case, the county would be liable for damages for the negligent acts of its officers or servants.  2.  That the defense of sovereign immunity from tort liability is not applicable when a county is engaged in a proprietary function as distinguished from a governmental function. December 6, 1956
26- 99 1.  An inventory and appraisement in a probate matter is a paper prescribed by law and must be recorded by the clerk of the district court in the probate record book.  2.  A defendant may be charged only one appearance fee in any case, but he is liable for transfer fees where there has been a transfer at his instance. December 10, 1956
26- 100 Section 23-302, R.C.M., 1947, disqualifies an elector from voting if the elector has been convicted of a felony in a federal court and has not been pardoned. December 12, 1956
26- 101 1.  Judges imposing probationary sentences may either retain supervision of such sentence, or may place supervision under the jurisdiction of the state pardon board.  2.  Jurisdiction of the state pardon board in supervising a prisoner's probation does not confer authority for revocation of probation other than for a period of time sufficient to have the prisoner brought before the committing judge or his successor.  3.  Representatives of the board of pardons are answerable to prosecution for false arrest or denial of a person's rights to the same extent as other public officers and they should be bonded in an amount determined to be adequate by the State Board of Examiners. December 15, 1956
26- 102 Service in the Montana National Guard prior to July 25, 1917, is creditable prior service for the purpose of retirement credit in the Public Employee's Retirement System.  
26- 103 For the purpose of Social Security coverage under Chapter 270, Laws of 1955, and the agreement between the State of Montana and the Secretary of Health, Education and Welfare, the positions of State Superintendent of Public Instruction, County Superintendent of Schools, the professional staff of the State Superintendent of Public Instruction, and teachers in custodial institutions are positions covered by the Public Employees' Retirement System.  
26- 104 A board of county commissioners does not have the authority or power to acquire or construct an automobile parking area for the use of an unincorporated town. January 4, 1957
26- 105 The Order of the District Court granting a petition for a writ of Coram Nobis, which annulled the judgment of conviction and dismissed the Information charging the felony, become final and the petitioner obtaining the relief would not be deemed to have been convicted of a felony under the laws of the State of Montana. January 5, 1957
26- 106 Since the proposed money order business cannot be carried on without the receipt of funds in payment of the orders purchased by the customer, for remittance to the principal of the outlying agent, at its authorized banking house, and since the acts of the agent in issuing the orders at the outlying point are the acts of the bank, the proposed operation may not lawfully be carried on in Montana, under Section 5-1028, R.C.M., 1947, which is directly applicable to state banks and, by virtue of Section 12 U.S.C. 36, which is applicable to national banks in Montana. January 5, 1957
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