Attorney General’s Opinions

Volume 27

Opinion

Held

Date

27- 1 A member of a regular fire department is not an officer of a municipality. Notwithstanding this, he may not simultaneously be a member of a regular fire department and hold the office of either Mayor or Alderman since the latter exercise appointive, supervisory and removal powers over regular firemen. The simultaneous retention of this position and the exercise of these powers are incompatible. February 5, 1957
27- 2 1.  If a commission is called to re-divide a county into high school districts and reaches the conclusion not to change the previously established boundaries the voters of common school districts do not have the right to petition for an election to determine in which high school district the common school district shall be included.  2.  An equally divided vote of a commission called to re-divide a county into high school districts results in affirming the previously established divisions and an election cannot be held for the voters of a common school district to designate the high school district of which it should be a part.  3.  There may be more than one operating. accredited high school in a high school district and the board of trustees of each high school has concurrent jurisdiction with any other board of trustees of a high school in the affairs of the high school district. February 11, 1957
27- 3 A person engaged in selling burial vaults comes within the provisions of Section 86-701, Revised Codes of Montana, 1947, requiring that moneys received under funeral plans be placed in trust until the obligation is fulfilled according to its terms or the money refunded to the proper party. February 18, 1957
27- 4 A minor child must reside continuously for a period of six (6) months in the State of Montana before he may obtain a resident hunting and fishing license. The residence of a parent is the residence of the unmarried minor children but the minor may not tack his parents period of residence to his actual residence to meet the six months requisite. February 19, 1957
27- 5 Balloting by mail may be authorized by either the State Soil Conservation Committee or the Soil Conservation Districts since they may prescribe regulations for the conduct of elections held under their respective jurisdiction. February 26, 1957
27- 6 Funds realized from the sale of high school district bonds may be used to construct that portion of a junior high school which is to be used in the instruction of students of the ninth grade or first year of high school. Care should be taken by the trustees not to direct any of the funds to the construction of any portion of the building to be used for the elementary grades. March 1, 1957
27- 7 Embalmers and funeral directors board mary not summarily refuse to renew license of embalmer for non-payment of license fees for four years past where proffer of payment of past and current dues is made, no formal action having been taken to suspend license. March 4, 1957
27- 8 Refused instructions should be included in the original judgment roll. March 12, 1957
27- 9 A teacher who has been elected to teach for one or more years prior to February 20, 1957, may attain tenure status upon being elected for the third consecutive year. A teacher who is elected and enters into a contract to teach for the first time after February 20, 1957, will not attain tenure status until the election for the fourth consecutive year. April 4, 1957
27- 10 1.  That it is the duty of the state treasurer to receive grants of money, to the state of Montana, under any act of Congress.  2.  That a trust fund account may be set up fo·r Federal moneys allocated to Montana for a limited purpose and such moneys may be expended by claims certified by the state highway engineer, approved by the board of examiners and paid upon warrants drawn by the state auditor.  3.  It is the duty of the state treasurer to deposit all public funds in solvent banks and highway trust funds may be deposited
in a special account with appropriate designation in a solvent bank and be subject to audit by agents of the Federal Government.  4.  Warrants may be drawn by the state auditor and paid by the State treasurer against a special fund and such warrants may be so numbered and identified as to be distinguished from all other warrants issued by the state auditor for convenient audit of the trust fund against which such warrants are drawn.
April 11, 1957
27- 11 Trailer Courts are included within the definition of 'tourist camps' contained in Section 69-112, Revised Codes of Montana, 1947, and must be licensed in accordance with the provisions of Section 69-114, Revised Codes of Montana, 1947. April 15, 1957
27- 12 1.  That the per pupil rate, average number belonging (ANB), computation under the foundation program of junior high school students is to be determined under the high school foundation program schedule, and that part of the total computation resulting from seventh and eighth grade pupils shall be included in and raised in the elementary budget for the district. The total computation for ninth grade pupils shall be included with the amount to be raised in the high school budget.  2.  That the establishment of a six year high school in a school district will not alter the status of students of the seventh and eighth grades and under the foundation program such students must be included in the elementary budget and computed at the rate for elementary students as found in Section 75-3612, Revised Codes of Montana, 1947, as amended. April 15, 1957
27- 13 A taxpayer who had paid the first half of his taxes on or before November 30th without protest may protest the second half of his taxes due May 31st and his failure to protest the first installment does not constitute a waiver of his right to protest the second installment. May 8, 1957
27- 14 The Montana Livestock Sanitary Board cannot return to the consignor, or confiscate and destroy poultry infected with or exposed to any infectious, contagious, communicable or dangerous poultry disease since Chapter 161, laws of 1929 (46-209, RCM, 1947) does not grant such regulatory or confiscatory power to the Board. May 17, 1957
27- 15 The Department of Agriculture cannot expend any funds appropriated by House Bill No. 475 for the control of mormon crickets and grasshoppers for spraying activities conducted prior to July 1, 1957. May 22, 1957
27- 16 1.  All of the judges of elections must examine every ballot cast before the elector's vote is tallied.  2. The counting of votes during an election canvass must be done exactly in the manner prescribed by Section 23-1705, RCM, 1947.  3.  The canvass of votes must be done in a public place where every citizen so disposed can observe the manner in which the count is being made.  4.  Any bystander, upon observing that the canvass is being made in an irregular or improper manner, may point out to those conducting the canvass that the canvass is being conducted in an erroneous manner.  5.  A bystander who points out to those conducting a canvass of ballots that they are proceeding in an erroneous manner is not interfering with the canvass, as prohibited by Section 94-1403, RCM, 1947.  6. Section 23-1210, RCM, 1947, which provides for the marking
of ballots by electors must be liberally construed in the light of the provisions of Section 23-1704, RCM, 1947.  7.  If a voter marks his ballot in a manner which clearly and obviously indicates his intention, he has cast a valid vote which must be counted.  8.  A voter need not mark his ballot with an "X" in order to constitute a legally voted ballot. Any mark which indicates the voter's intention will suffice.
June 11, 1957
27- 17 It is the duty of the state examiner to collect the examination fees required to be paid by counties, towns, schools, banks, investment and trust companies and building and loan associations under the provisions of Chapter 9, Title 5, Revised Codes of Montana, 1947. June 19, 1957
27- 18 1.  Section 11-1932, RCM, 1947, as amended by Chapter 62, Laws of 1957, and Section 11-1832, RCM, 1947, as amended by Chapter 28, Laws of 1957, establish a minimum wage which must be paid policemen and firemen of cities of the first and second class which includes credit for years of service prior to July 1, 1957.  2.  Section 11-1932, RCM, 1947, as amended by Chapter 62, Laws of 1957, and Section 11-1832, RCM, 1947, as amended by Chapter 28, Laws of 1957, are not in contravention of Section 13, Article XV of the Montana State Constitution as being retrospective in operation.  3.  A statute is not made retrospective in operation merely because it draws upon facts antecedent to its enactment for its operation. June 19, 1957
27- 19 School authorities may adopt reasonable regulations relative to the use of automobiles operated by pupils during any recess or the intermission for lunch. June 19, 1957
27- 20 A straight line must be drawn from the nearest point shown upon the city-plat to the questioned location to determine whether the location is within three miles of the city limits.  Article V, Section 31. Montana Constitution, prohibits incumbent members of the State Board of Barber Examiners from receiving the increased emolument granted by Chapter 237, Laws of 1957. July 16, 1957
27- 21 A state liquor vendor and his dauqhter may be simultaneously employed in the same liquor store and such employment does not violate Section 59-519, RCM, 1947. July 16, 1957
27- 22 The phrase "continuous employment and service of the state, ... " inserted in the provisions of section 59-1001, RCM, 1947, through the enactment of Chapter 152, Laws of 1951, has reference to the continuity of state employment in the light of its regularity over a period of time, and has no reference to the terms and conditions upon which a person or group is employed by the state. July 17, 1957
27- 23 Tracts or parcels of land remain county property pending appeal from a District Court ruling that a City has properly followed the statutory requisites for annexation, when the Montana Supreme Court has enjoined the City from proceeding with the annexation or from annexing to the City the involved area. July 19, 1957
27- 24 1.  A Justice of the Peace cannot charge a fee for issuing a Writ of Execution.  2. A Justice of the Peace may hold a person in contempt when the latter violates an order directing the debtor to pay an agreed sum each week.  3.  Constables must attend the Justices within their township when required and may also serve other Justices within the same county.  4. A Justice of the Peace cannot charge a fee when a complaint is filed but only if summons is subsequently issued based on the complaint.  5.  A Justice of the Peace may charge a fee of $2.50 when a confession of judgment is entered. The confession of judgment may be oral and need not be in writing.  6. A constable need not perform any official service unless the fees prescribed for such service are paid in advance. July 22, 1957
27- 25 Sections 11-3801 through 11-3858, RCM, 1947, (Enacted as Chapter 246, Laws of 1957) empower city-county planning boards formed pursuant to those sections to fulfill the requirements of Section 701 of the Housing Act of 1954, and thereby become eligible for planning assistance from the Federal Government under said section 701. August 22, 1957
27- 26 1.  The amendment to Section 16-2618, RCM, 1947, by Chapter 50, Laws of 1957, does not change the status of the treasurer as the depositing agent who must act under the direction of the Board of County Commissioners or the city council in regard to the investment of public funds and the statutory bond required of a treasurer affords the same protection to the public as existed prior to the amendment.  2. Public moneys may be placed in time deposits by treasurers under the direction of the Board of County Commissioners or city councils.  3.  A. Beards cf County Commissioners may invest in time deposits any public moneys in the county treasury which they deem not necessary for immediate needs with these exceptions: (a) Money derived from the sale of county bonds used to finance construction, which funds may be invested in compliance with Section 16-2050, RCM, 1947. (b) Money held on account for cities and towns. (c) State tax moneys collected by the county treasurer. (d) Sinking funds which may be invested as provided in Section 16-2044, RCM, 1947. (e) All funds which are to be invested as provided in special statutes.  B. City and town councils may place on time deposit any public moneys under their control which they deem not necessary
for immediate needs of the city or town with the exceptions of: (a) Fire Department Relief Association Funds which may be invested as provided in Section 11-1914, RCM, 1947, and Police Reserve Funds which may be invested as provided in Section 11-1892, RCM, 1947. (b) Sinking funds which may be invested as provided in
Section 11-2327, RCM, 1947. (c) All funds which are to be invested as provided in special statutes.  4.  Banks may refuse to accept public funds on time deposits.
September 3, 1957
27- 27 A resident of Montana does not lose his residence by being employed outside the State of Montana. A resident of Montana, who has resided six months or more and who is absent from the state prior to his making application for a resident fish and game license, need not reside six continuous months after his return before he is eligible for a resident's license. September 9, 1957
27- 28 Section 41-1121, RCM, 1947, as amended by Chapter 244, Laws of 1957, does not establish a mandatory five day forty-hour work-week for uniformed personnel of the Montana Highway Patrol. September 25, 1957
27- 29 Chapters 18 and 222, Laws of 1957, prohibit the State Board of Equalization from authorizing the sale of cigarette stamps and require tax stamping machines to be used exclusively in affixing the insignia approved by the Board. The State Board of Equalization can not authorize the use of tax stamping machines outside the state of Montana. September 9, 1957
27- 30 1.  The responsibility for the conduct of the related and supplemental classes conducted as a part of the apprentice training program is held by the State Board of Education and the board of trustees of any high school district, county high school or district high school which has been designated as a vocational training center.  2. Neither the State Board of Education nor the local hiqh school district or board of trustees can be held liable for damaqes which may result from injuries suffered by an apprentice in connection with the related and supplemental classes conducted as a part of the apprentice traininq program. November 12, 1957
27- 31 A Public Cemetery District created by Section 9-201, et seq., RCM, 1947, as amended by Chapter 4, Laws of 1955, may inter the dead or authorize private enterprise to conduct this task. September 9, 1957
27- 32 County welfare department employees are county employees for the purpose of group health insurance authorized by Section 11-1024, RCM, 1947. November 13, 1957
27- 33 1.  An applicant for a license to teach in the schools of Montana must subscribe to and file the oath prescribed by Section 75-4706, RCM, 1947, in the precise form set forth in the statute without alteration in any manner.  2. The same oath must be subscribed to and filed by a teacher as a condition precedent to the execution of a valid teaching contract with a school district in the state of Montana. December 9, 1957
27- 34 A juror cannot be compensated for any period he has been excused from attendance upon the court. A juror may receive mileage for each way to and from the county seat to his residence for each trip made necessary by his attendance upon the court. October 15, 1957
27- 35 A public employee may fulfill the three (3) year membership service required by Section 68-501 (h), RCM, 1947, by making retroactive payment at the time he elects to qualify his prior service. November 12, 1957
27- 36 A septuagenarian's proof of age is equivalent to the possession of a Class A license. Septuagenarians need not purchase a Class A license to obtain a Class A-l or Class C license. December 12, 1957
27- 37 1.  That the proceeds of the tax on the retail price of liquor provided in Chapter 217, Laws of 1957, is for the use of the general fund of cities, towns and counties.  2.  That the legislature by granting the revenue realized under Chapter 217, Laws of 1957, did so to alleviate the increased expense of law enforcement resulting from the operation of establishments selling liquor. December 12, 1957
27- 38 1.  The ownership of an easement by a public utility, although in a sense devoted to a public use, is private property, and, as such, cannot be taken or entered upon and applied to a different public use except upon payment of just compensation.  2. The effect of Section 14, Article III of the Montana Constitution is a constitutional limitation which denies the legislature the power to authorize the taking or damaging of property of a citizen without just compensation having first been made to or on behalf of the owner thereof.  3. The cost of removal and relocation of the facilities of a public utility from property appropriated by the state is a damage resulting from the taking thereof for which compensation must be made.  4.  "Just compensation," as prescribed by Sec. 14, Art. III, Mont. Const., requires that the owner of the property taken must be made whole for that which is taken from him to the end that he shall be restored to as good a position pecuniarily
as he would have been if his property had not been taken.  5. The provisions of Chapter 254, Laws of 1957 (Section 32-1625, RCM, 1947) do not apply to a case in which the utility is located upon a right of way which, subsequent to the location of the utility thereon, is appropriated by the state for the purpose of including this right of way in the Federal-Aid or Interstate Highway System.
December 16, 1957
27- 39 A state employee's former period of service cannot be considered in computing her annual vacation leave when she reenters the state's employ. December 19, 1957
27- 40 1.  A public hospital district as a creature of statute has only such power and authority as is expressly conferred upon it by statute and such as is necessarily implied in the exercise of those conferred.  2. The power and authority to issue bonds, securities or other obligations does not exist in a public hospital district by implication.  3. The power and authority to issue bonds, securities or obligations in the form of promissory notes or mortgages is withheld from a public hospital district.  4.  Section 16-1901, RCM, 1947, et seq., known as the county budget act, applies to the annual budget submitted by a public hospital district.  5.  Under the provisions of Section 16-1904, RCM, 1947, a public hospital district is not permitted to accumulate funds acquired through the annual mill levy. December 19, 1957
27- 41 A salaried justice of the peace can deduct costs and fees from fines and forfeitures where the arrest is made by a highway patrolman for highway offenses. The fees must be remitted to the county treasurer. December 19, 1957
27- 42 A Montana school district may legally accept and administer a testamentary trust for the purpose of providing a first year college scholarship to a student graduating from the high school of the district. January 9, 1958
27- 43 Incumbent County Commissioners in first, second, third and fourth class counties cannot be placed on a salaried basis as provided by Chapter 238, Laws of 1957. The compensation of these officers is determined by Chapter 82, Laws of 1955. January 15, 1958
27- 44 1.  For the purpose of the application of Section 31, Article V of the Montana Constitution a legislative enactment is a "law" within the meaning of said section upon the date of its enactment as opposed to its effective date.  2. A county commissioner appointed prior to the effective date of Chapter 238, Laws of 1957, but subsequent to its enactment date, is not prohibited by Section 31, Article V, Montana Constitution,
from receiving the increased compensation granted by the Act.
January 15, 1958
27- 45 Where a member of the Public Employees Retirement System takes cash for unusued vacation leave upon retirement from public service his retirement pay shall begin upon the day following his last day of service. January 27, 1958
27- 46 1.  Service of process by mail upon the Secretary of State does not constitute "delivery" of said process within the meaning of Section 93-3009, RCM, 1947.  2. "Delivery" of process to the Secretary of State under the
provisions of Sections 93-3008 and 93-3009, ReM, 1947, as amended, must be made manually by those persons designated by Section 93-3006, ReM, 1947.
January 29, 1958
27- 47 The library fund created by Section 44-301, RCM, 1947, may not be invested by the city treasurer under direction of the library trustees in bonds or securities, but must be handled in the same fashion as other public monies under Sections 16-2618 and 11-807, RCM, 1947. January 30, 1958
27- 48 The county commissioners cannot lawfully expend the public monies for the purpose of acquiring insurance protection for the county treasurer which would provide coverage, for him as an individual, in cases involving the disappearance, destruction, theft or wrongful abstraction of public monies, or for any other failure of the faithful performance of his office through the default or neglect of the treasurer or his deputies. January 31, 1958
27- 49 The Board of Trustees of school districts and the trustees of county high schools have the authority and power to expend school funds for group insurance for teachers and employees as part of the salaries and compensation of the teachers and employees. February 20, 1958
27- 50 1.  A certificate to practice medicine and surgery can only be granted to citizens of the United States or subjects of the Dominion of Canada who have filed their declaration of intention to become United States citizens.  2. The proviso to Section 66-1003, RCM, 1947, regarding the issuance of certificates to practice medicine and surgery without examination, requires that reciprocity exist between the sister-state or the province of Canada from which the certificate to be honored has issued, and the state of Montana.  3.  The requirement of reciprocity is confined to those cases in which a certificate is issued without examination, and has no application to those cases in which the applicant intends to obtain a certificate through examination by the Board of Medical Examiners. April 10, 1958
27- 51 An accountant who performed services for the county superintendent of schools when there was a budget item for clerical help may be paid for the services performed at a rate which does not exceed 90% of the salary of the county superintendent of schools. May 20, 1958
27- 52 Payments made to retired teachers under the teachers retirement system are exempt from the state income tax and need not be reported as income for state income tax purposes. May 22, 1958
27- 53 Board of County Commissioners may lawfully appropriate county money from the county general fund for the purpose of obtaining necessary help and incurring necessary expenses for the distribution and administration of surplus commodities as made available by federal agencies. May 22, 1958
27- 54 1.  A candidate for public office is not an officer of the political party that he represents.  2.  A candidate for office is not a committee member of the political party that he represents even though he serves on the
platform committee of that party.  3.  Since a candidate for office is not "an officer or committee member of any political party organization," a member of the Unemployment Commission is not prohibited by Section 87-117,
RCM, 1947, from becoming a candidate for office during his term or membership on the commission.  4.  Section 87-123, RCM, 1947, applies to the personnel employed by the Unemployment Compensation Commission and not to the commissioners themselves.
April 22, 1958
27- 55 The powers of the legislative council under Section 79-902, RCM, 1947, (Ch. 197, Laws of 1953) attached only to the legislative council created by Ch. 143 of the Laws of 1953 and expired when that body was declared to be unconstitutional. June 10, 1958
27- 56 A house trailer must be licensed and taxed by the county of the owner's permanent residence at the time of application for and issuance of license plates. June 10, 1958
27- 57 A district court may directly commit senile persons to the home for the aged without regard to the availability of accommodations and without regard to a waiting list of transferees from the state hospital. June 18, 1958
27- 58 1.  The State Forestry Department may contract with counties for work to be done in classifying and appraising forest lands under Chapter 191, Laws of 1957 (Sections 84-429.7 through 84-429.13, RCM, 1947).  2.  Employees of the State Forestry Department may be paid from state appropriations for work done on combined state and county projects and the state appropriated funds may be reimbursed with monies received from the counties. June 26, 1958
27- 59 1.  The original certificate of proceedings for the amendment of articles of incorporation of non-profit corporations should be filed with the clerk and recorder of the county in which the non-profit corporation has its "principal place of business."  2. The secretary of state should adhere to the long established practice of accepting a certified copy of the certificate of amendment proceedings for filing, and not the original certificate. June 27, 1958
27- 60 Expenditures from the prison industrial revolving fund (No. 99) for the purchase of material and services required in the construction of the medium security building is authorized by the provisions of Sect. 13, Ch. 162, L. 1953. June 30, 1958
27- 61 1.  Whenever any holiday recognized by Section 19-107, RCM, 1947, falls upon a Sunday, the Monday following is a holiday.  2. There is no limitation upon the duration or effectiveness of an election by a bank to remain closed on Saturday, and such an election to remain closed shall be in continuous effect until such time as the bank shall take further action to remain open on Saturday. July 1, 1958
27- 62 1.  If the requirements found in Section 75-1522, RCM, 1947, as amended, are met for the opening of a school in abandoned territory of a school district which is attached to an operating school district, it is the duty of the board of trustees to open the school.  2.  A school which is opened under the provision of Section
75-1522, RCM, 1947, as amended, must be opened in good faith by the trustees and operated as a school at least for such period of time as will determine the necessity and advantages of the school.
June 24, 1958
27- 63 A municipality is not liable for damages resulting from a gas leakage explosion when it appears that the leakage was caused by the negligence of a party, not an employee of the municipality, making a street opening under a permit issued by the municipality. July 7, 1958
27- 64 1.  In the absence of legislative consent to be sued, the doctrine of "sovereign immunity" is applicable to the Montana Liquor Control Board in connection with the conduct of the state liquor monopoly, since the Board is thereby engaged in a governmental function as an administrative agency of the State of Montana.  2.  There is no public liability risk against which the Montana Liquor Control Board can purchase insurance protection. July 9, 1958
27- 65 The Governor may legally appoint an out-of-state resident as warden of the Montana State Prison. July 25, 1958
27- 66 The 10% limitation on the increase of any one item of the budget act cannot preclude a mandatory increase in salary of county officers, undersheriffs and deputy sheriffs. July 25, 1958
27- 67 1.  A candidate who has been nominated at the primary election can withdraw or resign his candidacy for the office to which he was nominated.  2. The Clerk and Recorder has the right to remove the name of the candidate who has resigned or withdrawn subsequent to his nomination and, if necessary, insert the name of the person nominated by the county central committee to fill this vacancy. July 29, 1958
27- 68 That any child between the ages of eight and sixteen years must attend school and the fact that a child has completed the work of the eighth grade will not excuse such child from further attendance. July 29, 1958
27- 69 Territory which is detached from an existing school district and made a part of another school district under the provisions of Section 75-1805 (5), RCM, 1947, as amended, continues to be liable for its share of the bonded indebtedness of the district from which it is detached. The change of boundaries does not relieve any of the original territory from the indebtedness against which bonds were issued. August 1, 1958
27- 70 A judge or justice of the peace does not have the authority to suspend the imposition of a fine after the same has been levied. August 4, 1958
27- 71 That the Board of County Commissioners may enact orders regulating hunting and the use of firearms within an area designated as a county park but they are without the power to provide a criminal penalty consisting of fine or imprisonment for violation of said order. August 5, 1958
27- 72 Payment of the honorarium for veterans of World War II provided for by Initiative 54 of the Laws of 1951 having been completed, money remaining in the War Veterans Adjusted Compensation Administration Fund (State Controller Fund No. 118.1) may be applied immediately to payment of administrative expenses arising from payment of the Korean War Honorarium authorized by Chapter 44 of the Laws of 1957. August 18, 1958
27- 73 1.  The trustees of a school district may purchase land to be used as an athletic field and playground providing they do so after submitting the question to the electors of the district and receive an approving vote of a majority of those voting at the election.  2. The trustees of a school district maintaining a high school may purchase land for school purposes which is contiguous to land on which is located a high school building
without submitting the question of the purchase at an election.
September 5, 1958
27- 74 That the position of Director of the State Fish and Game Department is a public office; and, the requirements of Section 7, Article IX, of the Montana Constitution are applicable to any person appointed to this position. September 19, 1958
27- 75 Provisions for cancellation of warrants contained in Section 84-4953, RCM, 1947, have no application to tax refund warrants issued under the provisions of Section 84-4957, RCM, 1947. September 29, 1958
27- 76 An enrolled student is one in actual attendance at an approved school of nursing. A student of an approved school of nursing cannot practice nursing in any institution not under the supervision of the school in which the student is registered. September 30, 1958
27- 77 1.  An auctioneer by having new merchandise assessed and by paying personal property tax thereon as provided in Section 66-229, RCM, 1947, as amended, is not subject to the other provisions of Section 66-220 through 66-230, RCM, 1947, inclusive.  2.  In order to serve as an auctioneer in this state a person must be a citizen of Montana and post a performance bond in the amount of five thousand dollars, as provided by Section 66-204, RCM, 1947.  3.  Persons who are exempt from the provisions of the Public Auction Law, Sections 66-220 through 66-230, RCM, 1947, may not be prosecuted for violation of those sections, but are subject to prosecution under Section 94-1512, RCM, 1947, for any violation of Sections 66-201 through 66-219, RCM, 1947. October 3, 1958
27- 78 1.  The Commissioner of Agriculture has statutory authority to assess charges for inspection of various farm products within the state.  2. Standard grades of Montana farm products are adopted from those promulgated by the United States Secretary of Agriculture for the same products.  3.  Fresh corn or green corn is a vegetable and a farm product within the meaning of Section 3-1402 (b), ReM, 1947, and must be graded before it can be offered for sale. October 10, 1958
27- 79 1.  The county clerk and recorder may not receive compensation for checking and certifying a petition for a school district bond election.  2.  The county clerk and recorder shall receive five cents per name for the preparation of registration lists and poll books and that such compensation is limited to payment for each
name not withstanding the fact each name appears twice, once in the registration lists and again in the poll books.  3.  All printing and publication costs for a bond election must be paid by the school district
November 20, 1958
27- 80 1.  The present appropriation for the Legislative Council will revert to the general fund on February 21, 1959.  2. The amount remaining unexpended in that appropriation on that date may be reappropriated by the 1959 Legislature for the period from February 21, 1959 to July 1, 1959. November 21, 1958
27- 81 A deputy superintendent of schools may simultaneously serve as a deputy probation officer without violating the Montana constitution, statutes or doctrine of incompatible office holding. November 24, 1958
27- 82 Taxes levied under Section 84-5211, RCM, 1947, cannot be used by the Montana Livestock Sanitary Board for the construction of a new diagnostic laboratory building. November 26, 1958
27- 83 When a parole violator who entered the prison on his present sentence prior to April 1, 1955, is returned to the prison for parole violation and loses all good time accumulated under Section 80-739, RCM, 1947, he begins accumulating good time from the date of his return to the prison on the unexpired portion of his sentence only. November 26, 1958
27- 84 Section 82-1911, RCM, 1947, is permissive and does not require an annual inventory of state property but authorizes the State Purchasing Agent to determine when an annual or supplementary inventory must be filed in his office. December 1, 1958
27- 85 The State Board of Education has the power to allow and may in its discretion grant a stated amount of sick leave per month to personnel under its jurisdiction, in addition to the vacation allowance provided for by statute (Section 59-1001, RCM, et seq.). December 4, 1958
27- 86 State Fish and Game Wardens do not have the authority to seize and confiscate firearms used in the illegal taking of game, fur bearing animals, fish or game birds. December 8, 1958
27- 87 1.  The State Board of Education has the authority and power to enter into contracts for group insurance of staff members of the University of Montana and expend state funds to pay premiums as part of the salaries and compensation of staff members of the university units.  2. Presidents of the university units may enter into contracts for group insurance only if the such action is taken with the approval and under the rules of the State Board of Education. December 9, 1958
27- 88 Funds appropriated to the Montana National Guard by HB 366, Laws of 1957 may be expended for planning of improvements at Fort Harrison which will be constructed with Federal funds. December 22, 1958
27- 89 The diagnosing of an animal to determine pregnancy or to determine the reproductive capacity of bulls is not the practice of veterinary medicine as defined in Section 66-2209, RCM, 1947. December 23, 1958
27- 90 An incumbent clerk of the court must receive the salary set by the county commissioners in September of 1955 for his entire term and cannot receive the increase salary granted a newly elected county treasurer by Chapter 22, Laws of 1957. December 24, 1958
27- 91 The provisions of Section 25-606, RCM, 1947, do not violate Article V, Section 26 of the Montana Constitution. The appointee to fill the unexpired term of sheriff must receive the same salary as his predecessor for the remainder of the term as required by Section 25-609, RCM, 1947, as amended. December 24, 1958
27- 92 A county by making purchases from a cooperative of oil and gasoline, and receiving patronage dividends as a "member" of the cooperative does not lend its credit or become a "shareholder" within the meaning of Section 1, Article XIII of the Montana Constitution. December 29, 1958
27- 93 The surety of a public warehouseman is liable for all grain purchases when the latter is unable to meet his obligations. December 30, 1958
27- 94 Creditable service earned and transferred from the Public Employees Retirement System can be used to secure a vested right under the Teachers Retirement System. January 2, 1959
  • 21 February 2018
  • Author: Cook, Kevin
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