Opinion
|
Held
|
Date
|
| 17- 1 |
It is the duty of a county coroner of the county wherein a dead body is found to hold an inquest in a proper case even though the violence causing the death was inflicted in another county; and he is entitled to collect statutory fees from his county for holding the inquest. |
December 1, 1936 |
| 17- 2 |
1. Trade-names may be recorded with the Secretary of State under the provisions of Sections 4286-4292, R.C.M. 1935. 2. The Secretary of State should accept and record a trade-name offered in a proper application unless the trade-name offered is obviously improper. 3. The recording of the name of a business as a trade-name is not a compliance with the provisions of Sections 8019-8024, R.C.M. 1935, which require the filing of a certificate of a fictitious name of a business with the county clerk. |
December 1, 1936 |
| 17- 3 |
There is no authority for the publication of official returns of a county as county printing. |
December 7, 1936 |
| 17- 4 |
The reserve fund of a cooperative association, organized under the provisions of Sections 6375-6396, R.C.M. 1935, may not exceed an amount equal to 30% of the paid up capital stock of the association; nor may the by-laws make provision for a larger reserve fund. |
December 8, 1936 |
| 17- 5 |
Under Sections 10729, 11753-11754, 10730 R.C.M. 1935, Persons over seven years of age are capable of committing a crime and are liable to arrest and punishment therefor. |
December 11, 1936 |
| 17- 6 |
1. The number of directors of a state bank must be stated definitely in the articles of agreement. 2. Under the provisions of Section 6014.23 R.C.M. 1935, the number of directors of a state bank may be changed without amendment of the articles of agreement, but the number must be definite. 3. The articles of agreement of a state bank may be amended under the provisions of the general corporation laws to increase or diminish the number of directors. |
December 14, 1936 |
| 17- 7 |
Schools are not required to use a supplementary textbook adopted by the State Textbook Commission for a given subject before purchasing other supplementary textbooks in that subject. |
December 18, 1936 |
| 17- 8 |
A deputy who is re-appointed by his principal, when the latter enters upon a new term of office, must qualify anew in the manner prescribed by statute or a vacancy occurs under the provisions of Section 511 R.C.M. 1935. |
December 21, 1936 |
| 17- 9 |
Where an Indian, after he has received his patent in fee from the government, is in the charge of an Indian Superintendent or agent, or is an Indian over whom any department of the government of the United States exercised guardianship, such Indian is not eligible for pension under the Montana Old Age Pension Act. |
December 29, 1936 |
| 17- 10 |
Person receiving Old Age Pensions are as eligible to receive medical and surgical assistance from a county as are other indigent persons. |
December 29, 1936 |
| 17- 11 |
Baby bonds of the U.S. Government not being negotiable or transferable, cannot be used as collateral security for county funds deposited in banks, within the meaning of Section 4767 R.C.M. 1921. |
January 4, 1937 |
| 17- 12 |
State Highway Commission may move its offices to new highway building and maintain the same therein, altho Section 1783 R.C.M. 1921 provided such office be maintained in the Capitol Building, the word "building" being inclusive of plural "buildings." |
January 7, 1937 |
| 17- 13 |
The word "day" as used in Section 3079 does not mean calendar day, but any period of twenty-four hours. Employment by contractor, holding contract with the State for highway construction, of man for sixteen hours continuously, eight hours falling in one calendar day and eight in the next calendar day is in violation of Section 3079. |
January 7, 1937 |
| 17- 14 |
Sheriff in seventh class county has discretionary power to appoint under-sheriff. County commissioners have not the power to disallow such an appointment. |
January 11, 1937 |
| 17- 15 |
County commissioners cannot fix salary of deputy clerk and recorder at a less amount than that provided by statute. A deputy county clerk and recorder cannot waive her right to a reduction of the minimum salary. |
January 12, 1937 |
| 17- 16 |
Duty of burial of old age pensioners devolves upon relatives--not county--if relatives have sufficient means to defray expenses. |
January 16, 1937 |
| 17- 17 |
Whether charge for telephone in residence of deputy sheriff is legal claim against county depends upon question whether it is necessary and is one for county commissioners to determine. |
January 16, 1937 |
| 17- 18 |
The members of the State Highway Commission are appointed by the Governor, without the consent of the Senate. |
January 15, 1937 |
| 17- 19 |
|
January 18, 1937 |
| 17- 20 |
A Justice of the Peace, before remitting fines to County Treasurer, may deduct costs and pay the same and remit the balance, together with his statement, Section 12433, R.C.M., 1935, in event of conflict, prevails over 12347. |
January 19, 1937 |
| 17- 21 |
School trustees may use proceeds of bond issue authorized by electors for building and equipping school house, to equip the same after built, but may not, under such authority, use any of such proceeds to purchase land upon which to build, or build, a stadium. |
January 18, 1937 |
| 17- 22 |
Legislature has the constitutional power to authorize school districts to grant free use of text books in public and private schools. |
January 21, 1937 |
| 17- 23 |
Property, title to which vested in the Montana Relief Commission, is exempt from State and County taxes. State is not liable for taxes on property levied prior to its acquisition by the state. The State, however, is liable for special assessments levied against its property. |
January 21, 1937 |
| 17- 24 |
The Legislature may apportion its membership under the provisions of Art. VI, Sec. 2, of the State Constitution, only at the session next following enumeration by State or United States. |
January 21, 1937 |
| 17- 25 |
A recipient of Old Age Assistance Grant may also receive grant under the Mothers' Pension Act. |
January 23, 1937 |
| 17- 26 |
Each irrigations district, even though is has no obligations, must be examined by the State Examiner. |
January 23, 1937 |
| 17- 27 |
General taxes have a priority lien over that created by payment of old age pension grants. |
January 25, 1937 |
| 17- 29 |
The legislature may not prohibit the appointment of its members to an office or position other than falls within the classification set forth in Article V, Section 7, of the state Constitution. |
January 23, 1937 |
| 17- 30 |
The State Old Age Pension Commission may utilize funds available to reimburse counties in old age pension expenditures, notwithstanding that Federal funds have been withdrawn. |
January 29, 1937 |
| 17- 31 |
Where taxes are delinquent more than four years, right to redeem must be asserted within three years. |
February 2, 1937 |
| 17- 32 |
County commissioners are not prohibited from purchasing gasoline, oils, etc., and having cars and machinery repaired and serviced in a shop or garage operated or owned by a son of one of the commissioners. |
February 2, 1937 |
| 17- 33 |
The former owner of tax deed lands, is not entitled to redeem by payment of amount for which struck off to County at tax sale, where he, or a third person, was an interventing owner. The original owner of lands sold to the County for taxes, has no rights under Section 2235, R.C.M., 1935. |
February 3, 1937 |
| 17- 34 |
Where one of two schools in district are closed by order of the board, and the other school designated by the board as the school for attendance, parents have the right to send children to school not designated, but the board need pay only such sums for transportation as would be required for attendance at school designated. |
February 4, 1937 |
| 17- 35 |
The county must sell lands for delinquent taxes, in units, as appraised, and may not divide such lands and sell on any other basis. The County may not reject any bid, if the same is within the appraised value. The sale must be made at time advertised, or new bids called for. |
February 5, 1937 |
| 17- 36 |
A County must pay improvement taxes on tax deed lands from date of purchase, provided lands were acquired prior to that date, county need not pay such taxes. |
February 6, 1937 |
| 17- 37 |
Generally speaking the statute of limitations runs against bonds. The owner of land sold for taxes, need not pay interest accumulations subsequent to date of tax certificate. Mortgagee may not re-purchase with same rights of owner of lands sold to county for taxes. Bond holders may combine their several claims so as to give the federal court jurisdiction. |
February 6, 1937 |
| 17- 38 |
A mother, whose husband, a non-resident, dies outside the state is entitled to payment of mothers' pension, if she has acquired a residence as required by sub-section 5 of Section 10482. |
February 8, 1937 |
| 17- 39 |
Montana Relief Commission may not use any money it has on hand from appropriation after the date set for the expiration of such appropriation, to-wit, March 1, 1937. |
February 8, 1937 |
| 17- 40 |
Where taxes are delinquent for more than four years, purchaser of tax sale certificate may apply for such tax deed as soon as more than four years taxes are delinquent. Counties and individuals have same rights regarding application for tax deed, except Section 2201, as amended by Chapter 125, Laws of 1933, by express terms does not restrict rights of individuals acquired prior to the amendment. |
February 15, 1937 |
| 17- 42 |
The State Board of Education has power to collect fees from students for Student Union Building. |
February 15, 1937 |
| 17- 43 |
School District cannot exceed in expenditures, the amount provided for by final budget. |
February 15, 1937 |
| 17- 44 |
The right of the state to contract for commodities used by the state through the state purchasing agent, is not restricted by the Robinson-Patman Act. |
February 15, 1937 |
| 17- 45 |
Legislature may impose a graduated tax upon chain stores, and make such classification of businesses as are not arbitrary for purpose of such tax. |
February 22, 1937 |
| 17- 46 |
H.B. No. 170 amending Sec. 2639.6 is not unconstitutional as delegation of legislature power. H.B. 170 amending Sec. 2639.6 gives the Milk Control Board discretion in forming or not forming market areas. Persons not within market areas are not required to pay license fees and assessments. |
February 26, 1937 |
| 17- 48 |
Facts stated show a dealer in furs to be a resident dealer. |
March 1, 1937 |
| 17- 49 |
Section 1, Senate Bill 22, Chapter 20, Laws of 1937, applies to all personal property taxes, including those which are also a lien upon real property, and segregation may be made in case the owner desires to make payment. |
March 3, 1937 |
| 17- 50 |
Governor has no authority to remove a state constitutional officer. The members of the Board of Equalization, being constitutional officers, may be removed only by impeachment. |
March 2, 1937 |
| 17- 51 |
Indians holding or owning patented land, as well as those holding unpatented land, are equally entitled to old age pensions, and to relief. |
March 1, 1937 |
| 17- 52 |
Highway patrolmen are without authority to arrest intoxicated automobile drivers within the limits of an incorporated city or town. One resisting such an arrest cannot be guilty of resisting an officer. |
March 3, 1937 |
| 17- 53 |
Only such fees as are specified in subdivision 3, Section 194, R.C.M., 1935, may be deposited in the State Treasury to the General Fund. Funds placed in the general fund should be appropriated in a specific amount. Trust funds, such as are specified in Section 194, R.C.M., 1935, may be appropriated by the Legislature in blanket form, in language such as, "In addition, all fees and collections are hereby appropriated." |
February 27, 1937 |
| 17- 54 |
The Fish & Game Commission has no authority to appropriate money from its funds and expend the same as a prize in an essay contest. |
March 6, 1937 |
| 17- 55 |
All persons selling drugs must obtain a license to do so. |
March 11, 1937 |
| 17- 56 |
1. S.B. 22 covers all taxed on personal property including personal property where the taxes thereon are a lien upon real property. 2. A taxpayer is permitted to pay or redeem personal property by paying each tax lien separately. 3. The state treasurer is permitted to seize and sell only so much property as may be necessary to pay the tax. |
March 11, 1937 |
| 17- 57 |
1. According to the language of the statute, in order to redeem lands from delinquent taxes it is necessary that he pay all delinquent taxes to and including the first half of 1936. 2. Senate Bill No. 1 does not affect assignments of tax sale certificates made before March 1, 1937. 3. The constitutional authority of the legislature to enact Senate Bill No. 1 does not depend upon the existence of an emergency since emergency does not create power. (Home Building and Loan Association v. Blaisdell, 290 U.S. 398.) |
March 11, 1937 |
| 17- 58 |
A County may not take tax deed to lands after February 28th, 1937, in view of the provisions of Senate Bill No. 1, which became effective on the 1st day of March, 1937. |
March 11, 1937 |
| 17- 59 |
School trustees have no right to sell or dispose of school sites without authority from electors of the District. |
March 12, 1937 |
| 17- 60 |
Employees of Reconstruction Finance Corporation and the Regional Agricultural Credit Corporation of Spokane, are not immune from payment of the state income tax on the salaries received from such corporations. |
March 13, 1937 |
| 17- 61 |
The State Board of Examiners has the right to cancel the reinsurance policy made under the provisions of Chapter 179, Laws of 1935, and has the authority to enter into a new contract for state insurance without calling for bids under proper advertisements. |
March 17, 1937 |
| 17- 62 |
Unless a bond provides for optional payment other than maturity daie, it is not redeemable at any other date. An option to redeem at a certain date does not give the county the right to redeem at a later date. |
March 18, 1937 |
| 17- 63 |
1. The county clerk is not authorized to obligate the county for printing sample ballots. 2. Proper charge for printing judicial primary ballots considered. 3. Rule and figure work construed. 4. Section 4482 R.C.M. 1935 determines the proper spacing between lines in legal publications, and spacing not authorized thereby cannot be legally paid to the county printer. 5. The statute does not authorize a charge by the county printer for evidence or proof of publication. Where he is asked to make more affidavits of proof than reasonably necessary, he should be paid a reasonable amount therefor. |
March 19, 1937 |
| 17- 64 |
The state treasurer is not responsible for money turned over to the state department of public welfare to be deposited by the latter in bank account, or accounts, subject to its orders, as provided for in Section III, Part VIII, Chapter 82, Laws of 1937. |
March 22, 1937 |
| 17- 65 |
"Residence," for the purpose of voting at elections in school districts, is governed by Sections 1002 and 574 R.C.M. 1935. In determining residence for purpose of school elections, the terms, "residence," and "domicile," mean the same thing. |
March 22, 1937 |
| 17- 66 |
The authority of sheriffs to inspect horses before removal from the State is terminated by Chapter 136, Laws of 1937. |
March 24, 1937 |
| 17- 67 |
House Bill No. 270, Chapter 139, Laws of 1937, construed with reference to mileage to be charged and meals required by sheriff while serving or attempting to serve warrant of arrest. Where sheriff makes a trip and his fees are not fixed by statute as in making an investigation, he may recover reasonable expenses. |
March 23, 1937 |
| 17- 68 |
"Intangibles" consisting of an interest in a partnership in Montana, belonging to deceased who was domiciled in another state, is subject to but one inheritance tax and that is in California. |
March 24, 1937 |
| 17- 69 |
Where there is only one candidate in school election no "poll book" should be obtained from the County Clerk. |
March 29, 1937 |
| 17- 70 |
Assessor may appoint one regular deputy in county of sixth and seventh class for period of five months, at a salary of $1650 per year; Extra deputies shall receive a salary of not to exceed 80% of salary of Assessor. |
March 29, 1937 |
| 17- 71 |
Charitable, fraternal and religious organizations, and private homes are exempt from the payment of the license fees under the provisions of Chapter 153, Laws of 1937. |
March 29, 1937 |
| 17- 72 |
Probation officers are public officers, and their salary cannot be increased during their tenure of office. |
March 30, 1937 |
| 17- 73 |
All members of paid fire departments in cities of Second class come under the provisions of Chapter 200, Laws, 1937, (House Bill No. 357). "Paid Fire Department," as used in Chapter 200, 1937, include those where some members are paid only for time spent in actual attendance at fires. |
April 1, 1937 |
| 17- 74 |
There is no provision of Chapter 170, Laws 1935, creating a lien on proceeds received from sale of property held by recipient at time of grant. Old Age Pension Commission may not recover amount of assistance paid recipient, from the proceeds of sale of property held by recipient at time of grant. |
March 31, 1937 |
| 17- 75 |
1. Slot machines and pin tables are prohibited under the provisions of Chapter 155, Laws of 1937. 2. It is not required to procure a separate license for each trade stimulator, but a licensee is permitted to use more than one trade stimulator under a separate license. 3. Religious, fraternal and charitable organizations, and private homes are not required to procure license. |
March 30, 1937 |
| 17- 76 |
Under provisions of Section 4482, prior to its amendment in 1937, which does not become effective until July 1, 1937, a newspaper of general circulation need not have privilege of second class mail to qualify for county printing. |
March 31, 1937 |
| 17- 77 |
Beaver skins taken without license or permit, and/or in violation of law are contraband. |
April 4, 1937 |
| 17- 78 |
Under provisions of Chapter 172, Laws 1937, county clerks must destroy only "card indexes," "registry cards," and "affidavits," and must retain as permanent records registers of last general election containing signatures of electors, such as "precinct registers," etc. |
April 3, 1937 |
| 17- 79 |
Section 3241.1 as amended by Chapter 90, Laws 1935, does not require that applicant for certificate as certified public accountant shall have engaged in public accounting or auditing for five years immediately before making application for license. Where the words of a statute are plain and unambiguous there is no occasion for construction. Statute's abrogating common law rights, particularly the right to engage in one's occupation, should be strictly construed. |
April 1, 1937 |
| 17- 80 |
1. The County Welfare Board is limited in number of meetings as now provided by law. 2. Special meetings of the County Welfare Board are limited. (Withdrawn--see opinion No. 104.) 3. When County Welfare Board is meeting exclusively as a County Welfare Board, the per diem and expense should be charged to the poor fund. 4. County Welfare Board can pass upon claims and issue warrants while acting as such board. 5. When taking up welfare matters, the Board of County Commissioners should adjourn as a Board of County Commissioners and convene as a County Welfare Board. 6. The minutes of the Welfare Board should be entered in a separate book from that of the minutes of the Board of County Commissioners. 7. The County Commissioners cannot issue warrants while acting as a welfare board. 8. County Commissioners cannot travel about the county investigating relief cases and make a charge of per diem and cost for such service. 9. The Board of County Commissioners cannot travel over the county as a County Welfare Board investigating relief. 10. The County Welfare Board shall draw warrants representing cash on demand. 11. State Examiner is compelled to audit the poor fund and ascertain when the payments shall devolve upon the state, and shall determine: First: That a six mill levy has been made. Second: That the county is unable to declare an emergency. Third: That the county has expended its poor funds only for the purpose levied. Fourth: And such facts must appear by an audit from the State Examiner's Office. 12. The Board of County Commissioners cannot rearrange increase or decrease the budget except in reference to the manner by which they may declare an emergency. |
April 6, 1937 |
| 17- 81 |
A school trustee in a second class district may be elected by having his name written in, on the ballot, without nomination. |
April 12, 1937 |
| 17- 82 |
Section 459.1, relating to expenses of officers, does not apply to officers of the state paid on a per diem basis. |
April 13, 1937 |
| 17- 83 |
Incorporated cities or towns are prohibited from licensing gambling. |
April 13, 1937 |
| 17- 84 |
In figuring the assessed value of lands for a rural improvement lighting system, the value includes the buildings and improvements on the land. |
April 14, 1937 |
| 17- 85 |
1. Caravanning cars are subject to regular license fees while being towed on the highways. 2. Towed cars are not trailers and are subject to regular license fees while being towed on the highways. 3. The $2.00 license fee for trailers of one ton capacity is based upon capacity rather than weight of trailer. 4. That part of statute fixing the license fee at only $5.00 on trailers of five tons or more capacity operated by farmers while trailers of lesser capacity operated by farmers for the same purpose are required to pay a larger license fee is unconstitutional as class legislation. |
April 2, 1937 |
| 17- 87 |
The salaries of probation officers are paid from the general fund. |
April 16, 1937 |
| 17- 88 |
Livestock commission has discretion to authorize shipments of livestock by trucks and inspection at destination. Livestock commission may prescribe reasonable terms and conditions relating to shipments of livestock by truck. |
April 17, 1937 |
| 17- 89 |
The court committing a juvenile delinquent to the State Vocational School for Girls retains jurisdiction over her and may order her release at any time, when good cause appears therefor. |
April 15, 1937 |
| 17- 90 |
Upon the question of special levy in school districts, any taxpayer, owning either real or personal property, whose name appears on the last completed assessment roll, and who possesses all other qualifications, may vote. |
April 19, 1937 |
| 17- 91 |
1. When a county has levied up to six mills for its poor fund, and has made transfers from other funds as provided by law, and is then unable to meet its share of pubic welfare disbursements, under Chapter 82, Laws of 1937, it may apply to state department of public welfare to assume the county's share of such obligation. 2. A county need not bond itself to meet its share of public welfare payments before the State must assume such payments. |
April 19, 1937 |
| 17- 92 |
1. Neither the County Attorney nor Clerk & Recorder is entitled to charge any part of his regular salary to welfare fund. 2. County Commissioners, while acting as welfare board, cannot issue warrants on a county fund. 3. County Commissioners can only hold a special session following a regular session at which such special session was authorized as provided by law. 4. A Board of County Commissioners cannot designate one of its members to act as administrator or supervisor of welfare work. |
April 24, 1937 |
| 17- 93 |
License fees collected by counties under the provisions of Section 29, Chapter 84, Laws of 1937, may be deposited in such fund or funds designated by the county commissioners, in the absence of statute providing otherwise. |
April 27, 1937 |
| 17- 94 |
Under the provisions of Section 74, R.C.N. 1935, a state senator, who is a holdover, and who is too ill to attend the sessions, is nevertheless entitled to his salary. |
April 27, 1937 |
| 17- 95 |
Proceeds of property leased by the county must be distributed according to the provisions of Chapter 152, Laws of 1937. |
April 30, 1937 |
| 17- 96 |
The Montana Milk Control Board is not authorized to require dairymen licensed by the state board to pay into the secretary-treasurer of the local associations the annual dues assessed by such local associations. |
April 30, 1937 |
| 17- 97 |
The county must pay improvement taxes and assessments due on tax deed lots acquired by it from the surplus proceeds from sale of such lots. Special improvement taxes are a lien on city lots taken by county on tax deed. |
May 4, 1937 |
| 17- 98 |
The board may fix minimum retail prices for milk when sold by stores to customers, except for consumption on the premises where sold. |
May 10, 1937 |
| 17- 99 |
The unemployment compensation commission is the proper office to receive for deposit with the State Treasurer, grants from the Social Security Board of Washington, D.C., to cover the administrative expenses of the commission. |
May 11, 1937 |
| 17- 100 |
Chapter 80, relating to unfair competition and discrimination, and Chapter 42, relating to contracts for the purchase and sale of Trade-Mark products, do not amend the law requiring the State Purchasing Agent to award contract to the lowest responsible bidder, since these acts to not affect the State of Montana as such in its purchases of needed supplies and equipment. |
May 11, 1937 |
| 17- 101 |
Section 3115.6 does not permit reciprocal admission to practice dentistry with Canadian Provinces as they are not a state or territory within the meaning of said section. Citizenship is not required for admission to practice when made by written examination under the provisions of 3115.5. |
May 12, 1937 |
| 17- 102 |
Under Section 2033, 2034 and 2036, R.C.M. 1935, it is the duty of the assessor to assess property which has escaped taxation at any time that he makes such discovery. |
May 14, 1937 |
| 17- 103 |
Where conditional sale vendor repossesses automobile and sells the same, the purchaser is entitled to certificate of ownership notwithstanding the fact that conditional sale vendee gave a mortgage thereon before repossession. |
May 18, 1937 |
| 17- 104 |
County commissioners are not limited in the number of special meetings they may hold. |
May 17, 1937 |
| 17- 105 |
In assessing lots and parcels for the cost of rural improvements as provided by Chapter 353 of the Political Code, 1935, improvements, which are part of the lots and parcels, should be included as a part of the assessed value of the lots and parcels. |
May 18, 1937 |
| 17- 106 |
Indians, who have elected to take advantage of the provisions of the Federal laws, may require white people to pay fishing and hunting license, to fish or hunt on their lands. |
May 19, 1937 |
| 17- 107 |
The County and State Boards of Health have jurisdiction over and supervision of dude ranches and tourist camps in the regulation of sanitary and health conditions therein. |
May 20, 1937 |
| 17- 108 |
Trucks and automobiles privately owned and operated by individuals, under contract with the Federal Government in transporting men and supplies for the purpose of fighting fires within the State of Montana, are not required to have State License for such, providing they have licenses from their own state. |
May 22, 1937 |
| 17- 109.5 |
The State Treasurer may legally make time deposits of state funds in banks at interest, when such would not interfere with payment of obligations of the state, or otherwise affect the financial standing of the state. |
May 29, 1937 |
| 17- 109 |
Special deputy registrars appointed under Chapter 172, Laws, 1937, may charge county 10 cents per name registered. Notaries Public and Justices of Peace designated as deputy registrars may not charge county, but may charge elector registering the sum of 25 cents. |
June 9, 1937 |
| 17- 110 |
Secretary of Board of Examiners for Nurses, does not come within the provisions of Chapter 5, Laws of 1937. Secretary of Board of Examiners for Nurses cannot act as treasurer of the Board. |
June 2, 1937 |
| 17- 111 |
Under Section 5245 R.C.M. 1935 and Chapter 51, Laws of 1937, a city may not charge interest on interest delinquent on special improvement assessments. |
June 11, 1937 |
| 17- 112 |
License money collected by county from liquor dealers is paid into general found of county, and that collected by city into city general fund. |
June 14, 1937 |
| 17- 113 |
The Montana Liquor Control Board may not regulate the hours for sale of beer. |
June 17, 1937 |
| 17- 114.5 |
Money appropriated for administration of the Department of Agriculture, under the item "For Operation" may not be used to pay for mileage and subsistence of men working as horticultural inspectors. |
June 24, 1937 |
| 17- 114 |
1. Indians, being citizens of the United States, are entitled to participate in assistance under Chapter 82, Laws 1937. 2. Federal Grants, not being contingent upon state grants for provision for assistance to Indians, and there being no specific state grants for this purpose, assistance paid to Indians is apportioned between state and county. |
June 29, 1937 |
| 17- 115 |
Deposit of checks in the U.S. Mail, in payment of assistance under Chapter 82, Laws of 1937, constitutes payment and delivery. |
June 30, 1937 |
| 17- 116 |
The Livestock Commission does not have discretion to authorize shipment of livestock by trucks and inspection at destination where shipment is from the state. |
July 1, 1937 |
| 17- 117 |
Duplicate payment of oil production tax by producers on Tribal Indian lands, made to the United State Indian Office, and by the latter distributed to the state, may be considered as a payment in advance of future taxes and such arrangement is not withdrawing money from the state treasury without appropriation or refunding taxes paid. |
July 2, 1937 |
| 17- 118 |
The superintendent of banks has no authority under the provision of Section 3, Chapter 197, Laws of 1937, to appoint the Federal Deposit Insurance Corporation, or their receiver, to assist him in the liquidation of a bank closed because of failure to repair capital impairment. |
July 15, 1937 |
| 17- 119 |
The Milk Control Act was intended to regulate and control the sale of cows' milk only. |
July 16, 1937 |
| 17- 120 |
Section 4613.4, as amended by Chapter 98, Laws of 1937, prohibiting increase in any item in excess of 10% does not apply to new items and a county may employ a county health nurse where none was employed before. |
July 20, 1937 |
| 17- 121 |
The only method provided by law for consolidation of school districts is that authorized by Section 1034, Revised Codes of Montana, 1935, and related sections. |
July 19, 1937 |
| 17- 122 |
Electors who voted by absent voters ballot and electors who voted personally at the last general election, and new registrants must appear personally before the county clerk or a deputy, as provided in Chapter 172, Laws 1937, to re-register, whether residing within or without the county or state. |
July 24, 1937 |
| 17- 123 |
Former part time and volunteer firemen are not barred by Chapter 200, Laws 1937, from participating in the fire department relief fund for injuries sustained prior to the passage of said chapter by which only full time firemen may be employed in cities of the second class. |
July 27, 1937 |
| 17- 124 |
A company authorized to write liability insurance under Section 6136, paragraph 4, is not authorized to write fire insurance. |
July 29, 1937 |
| 17- 125 |
The owner and publisher of a newspaper may not enter into a contract with the city or town council of which he is a member for the furnishing of supplies and legal publications. |
July 29, 1937 |
| 17- 126 |
It is mandatory upon County Commissioners to make a six mill levy under Chapter 82, Laws 1937, for the Poor Fund. |
July 29, 1937 |
| 17- 127 |
1. No penalty or interest may be charged or collected on taxes delinquent up to and including the first half of the year 1936, if paid on or before Dec. 1, 1938, under Chapter 70, Laws 1937. 2. Penalty and interest must be collected on taxes delinquent after first half of 1936. |
July 28, 1937 |
| 17- 128 |
Under Section 4 of Chapter 84, Laws, 1937, the license to be charged for sale of liquor in unincorporated cities, towns or villages, regardless of distance from incorporated cities or towns, is the sum of $200.00 per annum. |
July 30, 1937 |
| 17- 129 |
1. Since the enactment of Chapter 172, Laws 1937, only those electors may vote or sign petition for bond election in school district, who have registered since June 1, 1937, and who are taxpayers whose names appear on last assessment roll next preceding the election. 2. To authorize issuance of school bonds, 40% of qualified electors of the district entitled to vote must have voted thereon. 3. One must reside within the district to be a qualified elector, even tho he may own property within the district. |
July 30, 1937 |
| 17- 130 |
The question of existence of an emergency to justify the making of a contract by a city council without calling for competitive bids is one of fact upon which we cannot express an opinion. Where resolution or measure passed by city council merely recited that an emergency existed, it is a conclusion and does not substantially comply with the requirements of Section 5060. A contract extending over a period of twenty years for repair of water plant made by city council is in violation of Section 5070 and is void and payment of warrants on said contract should not be made by the city treasurer. Contract for an even sum of $500 for a road grader made by town council does not violate Section 5070. The purchase of city warrants by a bank, the vice-president of which is the mayor of the town issuing the warrants, does not constitute a violation of Sections 5069 or 447 R.C.M. 1935. |
July 30, 1937 |
| 17- 131 |
The Secretary of State must charge foreign corporations, for increase of capital stock, a fee based on portion of such increase as is applicable to the State of Montana. 2. A like portion of fee must be charged such corporations on filing certificate of continuation of corporate existence. |
August 4, 1937 |
| 17- 132 |
County commissioners have power to purchase road machinery on installment plan. |
August 5, 1937 |
| 17- 133 |
The board of county commissioners is not bound by the items in the preliminary budget but may after the final meeting on the Wednesday immediately preceding the second Monday in August, at the time of adopting the final budget, make such changes therein as it deems necessary, advisable and proper. |
August 7, 1937 |
| 17- 134 |
The amount to be paid to a fireman as sick benefit must be determined by the By-laws of the Fire Department Relief Association. |
August 9, 1937 |
| 17- 135 |
1. Justices of the peace and notaries public are not entitled to collect from the court the fee of ten cents provided for in Section 557, R.C.M. 1935, as amended by Section 5, Chapter 172, Laws 1937. 2. The jurisdiction of the deputy registrars which are appointed by the county commissioners extends only to the precinct for which they are appointed. 3. The jurisdiction of notaries public and justices of the peace extends to the boundaries of the county except they have no authority to register electors residing ten miles or less from the county courthouse. |
August 11, 1937 |
| 17- 136 |
Beaver skins taken without license or permit, and/or in violation of law are contraband. |
August 11, 1937 |
| 17- 137 |
1. County Commissioners under Sec. 4465.21 and 4465.24, R.C.M. 1935, as amended, have power to lease and rent county machinery when in the discretion of the Board such leasing or renting is for the best interest of the county and the use of the machinery is not then necessary for county purposes. 2. Members of the Board of County Commissioners cannot become interested directly or indirectly in lease or rental agreements of county machinery, acting both as agent for machinery company and county. |
August 13, 1937 |
| 17- 138 |
The State Board of Hail Insurance has power to waive a clause in the contract limiting the amount of the recovery when doing so would result in such insurance as is contemplated by the Hail Insurance Act. |
August 16, 1937 |
| 17- 139 |
Where it appears from the prospectus, the by-laws and the application for license being inconclusive, that the purpose of an association organized in this state is educational rather than profit, it is exempt from the provisions of the State Blue Sky Act. |
August 7, 1937 |
| 17- 140 |
The Board of Examiners in case of unanticipated increase in the numbers of pupils of the Montana State Training School may authorize an increase in expenditure of said institution in excess on the Legislative appropriation. |
August 17, 1937 |
| 17- 141 |
1. Where recipient removes from county of residence prior to March 4, 1937, county from which removed is chargeable with assistance for six months after March 4, 1937, and the county to which removed thereafter. 2. Where removal occurred after March 4, 1937, county from which removed is chargeable for six months after date of removal, and thereafter county to which removed is chargeable. |
August 16, 1937 |
| 17- 142 |
1. School trustees have right to enter into transportation contracts over private roads. 2. Private roads leading to highways from residences and farms are construed private roads for public use and may be condemned under the right of Eminent Domain. 3. Trustees of school districts have right to make other provisions for maintenance of children in school when road becomes impassable, the general presumption that, "The law does not require impossibilities," applying. 4. Trustees of school district are expected to use business judgment in entering into contracts. 5. Trustees must not be interested in any contract made by them in their official capacity or by any body or board of which they are members. |
August 18, 1937 |
| 17- 143 |
An appropriation for salaries and expenses to the State Tuberculosis Sanitarium does not permit an expenditure for new building. |
August 17, 1937 |
| 17- 144 |
1. Residence is a matter of intent to be determined under the facts of each case, and in conformity to the rules of Sections 33 and 574, R.C.M. 1935. 2. One may, under certain facts, be absent from the state or county for one year or more and not be ineligible to receive further assistance under Part III, Chapter 82, Laws, 1937. 3. To be ineligible for further assistance under Chapter 82, Laws, 1937, Part III, one must have lost his legal residence, in state or county, or have been absent voluntarily and continuously for one year therefrom. |
August 20, 1937 |
| 17- 145 |
The County Commissioners may not set up, within the Poor Fund, separate funds ear-marked for the various items of expenditures, such as old age pension, aid to needy dependent children, etc., but all such expenditures are made from the Poor Fund as a whole. |
August 26, 1937 |
| 17- 146 |
1. County commissioners have no authority in law to set up special funds within the poor fund for the purpose of depositing money received as grants in aid from the state, and pay out such money regardless of outstanding warrants drawn on the poor fund. 2. Grants in aid under the provisions of Chapter 82, Laws of 1937, may be paid direct to recipients by the state department, from certified lists furnished by the county. |
August 25, 1937 |
| 17- 147 |
1. Before a county is entitled to receive a grant in aid from state welfare fund under Chapter 82, 1937, it must appear from an audit by the state examiner's office that the six mill levy has been made and proved inadequate to meet the county's proportionate share of public assistance under any part of the act, that no transfers can be made, and that legal warrants cannot be issued against the poor fund. 2. It is not required that all items of the poor fund budget be exhausted before the state may make a grant in aid. |
September 1, 1937 |
| 17- 148 |
1. Public assistance, under Chapter 82, Laws 1937, must be paid directly to the recipient, by warrant or check representing cash on demand. 2. Poor funds for payments under provisions of Chapter 82, must be expended exclusively in payments to certified eligibles and may not be used to purchase material or equipment to be used in a project upon which recipients are employed. |
August 31, 1937 |
| 17- 149 |
The levy under Section 4465.12, R.C.M., 1935, is to be used on the taxable valuation of the property of the county and not the assessed calculation. |
September 1, 1937 |
| 17- 150 |
A livestock commission company licensed and bonded under Chapter 52, Laws of 1937, to operate a livestock market at one place, may not by reason of the same license and bond operate a market at any other place. |
September 2, 1937 |
| 17- 151 |
A County Department of Public Welfare may not deny any resident the right to make application for assistance under Chapter 82, Laws of 1937. It is the duty of the County Department of Public Welfare to accept and consider all applications for assistance. |
September 3, 1937 |
| 17- 152 |
That a county coroner may not have an autopsy of post mortem performed unless an inquest is to be held. 2. A coroner if also a duly licensed and qualified physician may himself perform an autopsy and charge the county the customary fee therefor. 3. The county coroner may not employ an assistant and may not charge the county therefor. 4. The board of county commissioners pass on the reasonableness of the charge for the performance of the autopsy. |
September 9, 1937 |
| 17- 153 |
The wife of a purchaser of state lands has a dower right in such lands and her signature to an assignment of the certificate of purchase is necessary in order to transfer all rights therein to the assignee. |
September 9, 1937 |
| 17- 154 |
1. Highway patrolmen have only the powers and duties as prescribed by Sections 7 and 8 of Chapter 182, Laws of 1937. 2. The Patrol Act did not repeal the statutory duties of constables, nor substitute the constables' duties for those of the patrolmen. 3. Constables in townships of more than 35,000 population receive a salary, statutory fees and mileage; in townships of not less than 12, 000, nor more than 35,000, they receive salary and mileage, but no fee; and in townships less than 12,00, they receive statutory fees and mileage. |
September 10, 1937 |
| 17- 155 |
The statutes do not confer authority upon the Livestock Commission to disapprove claims of County Clerk for bounty inspection of hides. |
September 9, 1937 |
| 17- 156 |
The Registrar of Motor Vehicles may not inquire into the validity of a tax sale before issuing certificates of ownership and registration to the transferee. |
September 13, 1937 |
| 17- 157 |
1. A child who possesses the qualifications provided by Part IV, Chapter 82, Laws, 1937, is entitled to aid even though the father has an income. 2. Assistance under Chapter 82, is based on need. |
September 16, 1937 |
| 17- 158 |
The Attorney General, being the legal adviser of the legislative assembly, of all state officers, boards and commissions, and of the county attorneys and county commissioners, and being clothed by law with supervisory power over county attorneys, his opinions are binding upon such officials until reversed or modified by judicial decision. |
September 17, 1937 |
| 17- 159 |
1. Full time paid firemen in cities of the second class are eligible to membership in fire relief associations, and are entitled to relief and pension as provided by the laws of the State of Montana, and the by-laws of the fire relief associations. 2. According to the provisions of Chapter 200, Laws of 1937, volunteer firemen would not be members of an organized fire department and therefore not eligible for membership in relief associations as provided by Section 5130, R.C.M. 1935. 3. Full time paid firemen in cities of the second class should elect new officers and trustees among their own number and take over the cash and investments belonging to fire relief associations. |
September 20, 1937 |
| 17- 160 |
Holders of 1937 tax sale certificates would be required to redeem and pay outstanding certificates of previous year before obtaining tax deed as provided by Chapter 54, Laws of 1937. Holders of 1937 tax sale certificates would be required to pay all taxes accumulated subsequent to the date of the certificate on which the application for tax deed is based. Chapter 54, Laws of 1937, does not apply to holders of tax certificates other than counties, at the time the said Act became effective and therefore a holder of a 1933 tax sale certificate would not be required to redeem and pay subsequent tax sale certificates but under the provisions of Section 2210 they may do so. |
September 20, 1937 |
| 17- 161 |
Neither District nor State school transportation funds, may be used for paying transportation of children attending schools outside the State of Montana. |
September 21, 1937 |
| 17- 162 |
1. Indians are entitled to assistance grants under Chapter 82, Laws, 1937, and the county and state must pay proportionate share of such grants to eligible Indians. 2. A county welfare board may not approve assistance grants to eligible Indians conditionally that the whole amount be paid from state funds. 3. The State Department must pay assistance grants to Indians approved by the county, and present claim to county for reimbursement of its proportionate share. |
September 21, 1937 |
| 17- 163 |
1. A city may not, by ordinance, impose a license on Produce Wholesalers, who have been licensed under Section 2443.1 to 2443.16 incl., R.C.M. 1935. 2. A city may not, by ordinance, enlarge the definition of "Huckster" as defined in Section 2229.9, R.C.M. 1935, so as to include "Produce Wholesaler," as defined in Section 2443.1, R.C.M. 1935, for the purpose of licensing. |
September 21, 1937 |
| 17- 164 |
The County Treasurer may deliver the license plates to the applicant in person or may mail them. |
September 29, 1937 |
| 17- 165 |
1. State or County Departments of Public Welfare may not contract with private institution for care of old age assistance recipients and pay the grant directly to such institution, but recipient may use his grant for such purpose. 2. County Commissioners may legally pay from poor fund directly to recipient a sum in addition to assistance grant to permit him, if he so desires to live in a private home or institution. 3. County Commissioners may legally contract for burial of recipients of old age assistance. 4. A recipient of old age assistance may voluntarily live in a private home or institution outside county of his legal residence within the state, without changing his legal residence, and county of legal residence is not thereby relieved of liability for payment of assistance grant or burial expenses. |
September 24, 1937 |
| 17- 166 |
1. Montana agents must be paid the same commission for countersigning foreign insurance policies as for the same business written in their own plant. 2. Contracts or stipulations entered into prior to the enactment of Chapter 95, Laws of 1937, are invalid if conflicting with the terms of that act. |
September 22, 1937 |
| 17- 167 |
The State's contribution to the Expense Fund of the Teachers Retirement System is an appropriation from the General Fund of the State. |
October 5, 1937 |
| 17- 168 |
1. As to public corporations (State, Counties, Municipalities) Plan No. 3 of the Workmen's Compensation Act is Exclusive, Compulsory, and Obligatory and it is mandatory upon the part of the Public Corporations to operate within the provisions and under the conditions of the act. 2. The Board of County Commissioners of counties must budget and levy for all of its employees whether such employees are performing duties in hazardous or non-hazardous employment. 3. As to whether or not an employee whose employment in the usual course of business or trade is non-hazardous comes within the rights of recovery for injuries depends entirely upon the facts connected with such injury. |
October 2, 1937 |
| 17- 169 |
1. There is no conflict between the provisions 1 and 2 of Section 3, Chapter 129, Laws of 1937. Provision 1 applies when one person is injured or killed and Provision 2 applies when more than one person is injured or killed. 2. The filing of a certificate by an insurance carrier not licensed to do business in Montana will fulfill the financial responsibility requirements for non-residents providing the non-licensed company has met the conditions prescribed in Section 4 of Chapter 129, Laws of 1937. |
October 6, 1937 |
| 17- 170 |
1. The schedules provided in Section 1010, R.C.M. 1935, apply to districts maintaining schools as well as to those having closed schools. 2. Schedules outlined in Section 1010 may not be altered without the approval of the County Superintendent. 3. No particular form of approval of an alteration in schedule is required, but it must affirmatively appear that such approval has been given; mere silence on the part of the County Superintendent does not constitute approval. 4. One entitled to transportation has a claim against the district. |
October 8, 1937 |
| 17- 171 |
The State Treasurer is the legal depository for all state funds. 2. All reimbursements made by counties, under all parts of Chapter 82, Laws, 1937, must be deposited with the State Treasurer. |
September 27, 1937 |
| 17- 172 |
The statute requires that the State Purchasing Agent must advertise for bids in purchasing all supplies and equipment. Although such advertising may be futile so far as concerns results obtained, the statutory duty must nevertheless be performed. |
October 7, 1937 |
| 17- 173 |
As long as storage contracts are validly outstanding the warehouseman should not dispose of the grain stored and the Commissioner of Agriculture should require that there be sufficient grain on hand to cover them. Where wheat stored is processed with consent of bailor, the bailor may be assuming a risk for which the bonding company may not be liable without its consent and agreement to be responsible. |
October 7, 1937 |
| 17- 174 |
1. Under Section 4, Chapter 84, Laws 1937, license fees in unincorporated villages and towns having a population of less than 2000, is $200.00. 2. Excess license fees collected may be refunded by the Liquor Control Board out of any license fees, fines and penalties thereafter collected under the provisions of Chapter 84, before the same are deposited with the State Treasurer. |
October 7, 1937 |
| 17- 175 |
A school district organized under the provisions of Chapter16, Laws, 1937, may construct a school building under the provisions of Chapter 115, Laws, 1937, solely from its own funds without the aid of or any appropriation from the federal government. |
October 14, 1937 |
| 17- 176 |
1. A Board of County Commissioners, as such, has no authority to administer or supervise public assistance, including general relief, under Chapter 82, Laws, 1937, but only as a board of public welfare may it act. 2. A Board of County Commissioners may not employ a person to assist in the administration or supervision of general relief and pay him from any funds of the county. 3. All personnel employed to administer or supervise public assistance in the county must be appointed from a list qualified by the State Department. |
October 14, 1937 |
| 17- 177 |
1. Under the provisions of Part VI of Chapter 82, Laws, 1937, the Superintendent of Charities and Reforms performs the duties and has the authority as provided in Sections 329-333 inclusive, R.C.M. 1935, under the supervision of the State Board of Public Welfare. 2. In the absence of statutory authority requiring the Superintendent to present recommendations to the Board, said Board is not required to, nor has it any authority to act upon any such recommendations, and such recommendations are useless and idle acts. 3. The only function of the State Board of Public Welfare as regards the administration of Charities and Reforms is to make a report to the Governor, with such recommendations as it may deem advisable, so that the Governor may recommend to the Legislature such legislation as he deems advisable or necessary. 4. The State Board has authority to investigate jails, and for that purpose has free access to jails and grounds at reasonable and convenient times. 5. The State Board, or its staff personnel, has no supervisory authority or control over Sheriffs or their deputies. |
October 13, 1937 |
| 17- 178 |
1. The county is liable for witness fees and costs of service on appeals from police court for violation of a city ordinance. |
October 18, 1937 |
| 17- 179 |
Fees for jurors and witnesses in all actions, other than civil, must be paid by certificate drawn by the Clerk of Court on the Treasurer, paid out of the general fund, and charged to the budget of the Clerk of Court. |
October 18, 1937 |
| 17- 180 |
A teacher, to be eligible to retirement pension under the provisions of Section 1125, R.C.M. 1935, need not have taught ten consecutive years, so long as the last ten years of "actual" service was in the State of Montana. |
October 16, 1937 |
| 17- 181 |
1. Payments of assistance to Indians under Part III and Part IV, Chapter 82, Laws 1937, may not be made to Indian agents for recipients. 2. Payments of assistance under all parts of Chapter 82, Laws 1937, must be made directly to the recipient, or his guardian appointed under the provisions of State statutes. |
October 21, 1937 |
| 17- 182 |
A county board of public welfare may not require as a condition of grant of Old Age Assistance, that the recipient transfer to the board any property in trust or otherwise. |
October 21, 1937 |
| 17- 183 |
Chapter 40, Laws of 1937, prohibits the expenditure by any state officer, department, board, commission or bureau, in any one year in excess of the income appropriated for such year. |
October 20, 1937 |
| 17- 184 |
School Districts maintaining one or more high schools may organize under the provisions of Chapter 16, Laws 1937, to undertake public works, whether or not there is maintained in the county a county high school. |
October 26, 1937 |
| 17- 185 |
The county clerk and recorder is not required to accept a contract to sell or convey real property for filing unless it is also to be indexed and recorded. |
October 29, 1937 |
| 17- 186 |
That butter is not an agricultural product as used in Section 5 (a) of the Unfair Practice Act. |
November 1, 1937 |
| 17- 187 |
When school trustees close their school under the provisions of Section 1010, R.C.M. 1935, they are authorized to pay to the district where their children are attending, a share of the cost of maintaining such school, based on the proportion in relation to the number of children of their district bears to the total number of children enrolled in the other school. 2. School trustees, under Section 1015-3, R.C.M. 1935, have authority to charge tuition for non-resident pupils, but such tuition charged must be reasonable. 3. School trustees may charge only one rate for non-resident pupils; either that fixed by Section 1010, or by 1015-3; but not both rates. |
November 2, 1937 |
| 17- 188 |
1. The state board of public welfare has the authority to purchase real or personal property necessary and proper to carry out the purposes of Chapter 82, Laws of 1937, and in making such purchase may do so on such terms and conditions and in such manner as it deems proper. 2. The state board in making purchases may do so on competitive bid, or in the open market. 3. The provisions of Chapter 26, Revised Codes of Montana, 1935, has no application to the state board of public welfare. |
November 4, 1937 |
| 17- 189 |
1. It is a violation of the law to sell or give liquor to minors, unless accompanied by parent or guardian. 2. Minors are males under the age of twenty-one and females under the age of eighteen years. |
November 5, 1937 |
| 17- 190 |
1. Title to property both real and personal acquired by the Department of Public Welfare, in whatever manner, vests in the State of Montana, for the use and benefit of the department. 2. The State purchasing agent with the consent and approval of the Governor, has the exclusive right to sell or dispose of, or authorize the sale or other disposition of personal property of the department, title to which is in the State. |
November 10, 1937 |
| 17- 191 |
The cost of bedding for prisoners confined in jail, is a proper charge against the county, and is not included in the fee allowed the sheriff for board of prisoners. |
November 10, 1937 |
| 17- 192 |
Giving of free gifts and premiums is not prohibited by the Unfair Practice Act unless the cost of the free gift plus the cost of the article sold plus cost of doing business is greater than the selling price. |
November 13, 1937 |
| 17- 193 |
The funds of the Oil Conservation Board may not be used for a campaign advertising Montana domestic petroleum products. |
November 16, 1937 |
| 17- 194 |
The State Water Conservation Board may, in case of an emergency, temporarily overdraw its account, if such overdraft does not exceed the funds which will be available from appropriations and other income, before the close of the fiscal year. |
November 13, 1937 |
| 17- 195 |
1. On "prior service certificate" teacher may not have credit for service in a foreign state. 2. No teacher member is exempt from paying the $1.00 annual expense cost. 3. A teacher employed outside of the state during the years 1936-37 cannot receive prior service credit. 4. To be exempt from payment of 5% contribution, teacher member must be not less than sixty years of age and have rendered thirty-five years of service. |
November 18, 1937 |
| 17- 196 |
Mileage expenses incurred by the county attorney in the performance of his duties on behalf of school districts must be borne by the county. |
November 19, 1937 |
| 17- 197 |
1. Justice fees are costs in all class townships. 2. In counties where Justice receives a salary, the fees of Justice are paid to County Treasurer; in other townships, such fees are retained by the Justice. 3. Costs in cases of violation of Highway Act are Justice fees, fees of jurors and witnesses, and fees for service of process. 4. In case of violation of Highway Act, where arrests are made by the patrolman, the county is entitled to the cost of board of prisoners. |
November 19, 1937 |
| 17- 198 |
1. From all fines and costs in cases where arrest has been made by the Highway Patrol, the Justice of the Peace may deduct court costs and remit the balance to the State Treasurer, for benefit of Patrol Revolving Fund. 2. All fines and court costs in cases involving highway violations, when arrests have been made by other than highway patrolmen, are paid into county treasury. |
November 10, 1937 |
| 17- 199 |
A teacher disqualified for a pension under former system, by a reason of receiving salary from other source is entitled under new system to receive such pension. |
November 19, 1937 |
| 17- 200 |
1. Chapter 82, Laws 1937, does not require that the poor fund be entirely depleted before the state will grant aid, but only that those accounts set up for the purposes of old age assistance, aid to needy dependent children, aid to needy blind, and general relief, be so depleted. 2. If those accounts are depleted, and transfers of surpluses from other accounts of the poor fund cannot be made, and no transfers can be made in accordance with Section 4470.3 and all other conditions requisite are shown to exist, the county is entitled to a grant in aid from the state welfare funds. 3. General Relief, as provided in Chapter 82, does not include expenses of operation of county hospital, salaries and expenses of county physician, hospitalization of county patients at Galen, or other medical care or hospitalization, refund of poor taxes, interest on poor fund warrants, or expenses of burial of the poor. 4. The county welfare board may use grants in aid for general relief as that term is herein defined, but not for medical care and hospitalization or other institutional care. 5. An emergency, as that term is used in Chapter 82, exists with regard to the poor fund when all accounts set up within the poor fund for the purpose of all parts of Chapter 82 are exhausted, and there is a demand for relief, and there are no surplus moneys in other county funds which, under Section 4470.3, R.C.M. 1935, can be transferred to the poor fund. 6. It being mandatory on the county commissioners to levy the six mills provided by law, this being the statutory limit, there can be no further levies for the poor fund, even in an emergency. |
November 22, 1937 |
| 17- 201 |
The county board of public welfare has a discretion in determining what length of time temporary relief to inter-state transients should be given, and each case must be determined upon the particular facts. |
November 29, 1937 |
| 17- 202 |
The Clerk of Court has no authority to charge a fee for filing petition for adoption, or for filing transcript on appeal from Justice Court in a criminal matter. |
November 30, 1937 |
| 17- 203 |
Poor funds of county whether for purposes of Welfare Act, or otherwise, must be expended by county commissioners upon claim and warrant. 2. There is no authority of law permitting the county commissioners to establish a revolving imprest fund in a bank and draw against such funds by check for payments of relief claims. |
December 2, 1937 |
| 17- 204 |
The schools of Fort Peck Reservation being under the exclusive jurisdiction of the federal government, not supported by either county or state taxation, are not state schools within the meaning of Chapter 87, Laws 1937. 2. One who was teaching in schools of Fort Peck during school year of 1936-1937, is not entitled to prior service credit under the provisions of Chapter 87, Laws 1937. |
December 2, 1937 |
| 17- 205 |
Liability for maintenance of buildings erected by school districts organized under the provisions of Sections 1301.1, 1301.3, 1301.5, and amendments thereof, is on the county in which such districts are located. |
December 6, 1937 |
| 17- 206 |
1. That fair price as used in Section 5-A of Chapter 80, Laws of 1937, is synonymous with cost as used in the remainder of the act. 2. When agricultural products are sold by the original producer they become articles of commerce and are then treated as provided by Section 3 of the Unfair Practice Act. |
December 8, 1937 |
| 17- 207 |
It is not required that an audit by the State Examiner be made before state department may make a grant-in-aid to a county for general relief purposes. 2. Before the state department may make grant-in-aid to counties for purposes other than general relief, it must require an audit by State Examiner as provided under Section XI, Part I of Chapter 82, Laws, 1937. |
December 8, 1937 |
| 17- 208 |
1. Lands acquired by water conservation board are free from any tax lien, except where tax certificate assigned or purchased by parties other than county. 2. Lands owned by water conservation board are exempt from taxation. 3. Chapter 114, Laws 1937, held constitutional. |
December 8, 1937 |
| 17- 209 |
1. Lands lawfully acquired through tax deed proceedings are acquired free from irrigation district incumbrances, and no longer subject to irrigation district assessments. Title so acquired creates new title as independent grant from sovereign. 2. General Courts will give independent interpretation of State statutes in reference to sale of irrigation bonds if at any time of sale of bonds no state decision is in existence, even though there is a decision in existence at time of rendition of Federal decision. |
December 13, 1937 |
| 17- 210 |
County commissioners may legally purchase abstracts from a legally licensed abstractor covering lands acquired by the county through tax deed. |
December 14, 1937 |
| 17- 211 |
Special improvement assessments are taxes, and as such, subject to Chapter 70, Laws of 1937. |
December 15, 1937 |
| 17- 212 |
Liquor license cannot be granted to operate in restricted district unless applicant operated a bona fide restaurant, café, hotel, etc., in said restricted area for one year prior to approval of Liquor Act. |
December 14, 1937 |
| 17- 213 |
1. No discrimination shall be made in payment of the State school transportation funds for Indian children. 2. The State should seek Federal reimbursement for expenditure of transportation funds for Indian children. |
December 16, 1937 |
| 17- 214 |
1. Road and Poor Taxes do not have to be paid as a condition to issurance of Automobile License Plates. 2. Chapter 72, Laws, 1937, make no change in manner or time for collection of road and poor taxes. |
December 20, 1937 |
| 17- 215 |
Automobiles must be assessed for taxation in the county where they have a permanent location on January 1, regardless of the residence or domicile of the owner thereof. |
December 21, 1937 |
| 17- 216 |
County commissioners, within their sound discretion, may provide transportation for relief workers on W.P.A. projects out of poor fund, when such transportation is necessary in order to provide relief work for the needy. |
December 23, 1937 |
| 17- 217 |
A city or town may insure in a mutual company, provided the liability or premium to be paid is a fixed, definite, and limited amount. |
December 23, 1937 |
| 17- 218 |
The State Auditor may draw warrants only upon unexhausted funds, under the provisions of Section 151, subsection 17, R.C.M., 1937. |
December 27, 1937 |
| 17- 219 |
Officers of building and loan associations receiving voluntary applications for loans and/or stock of said association, for which no commissions are paid, are not required to have license in order to receive such applications. |
December 30, 1937 |
| 17- 220 |
1. Money received as fees and collections of state fair grounds and appropriated for operation of state fair may not be used for repairs of buildings. 2. Unexpended appropriations, if any, for state fair may not be used after the expiration of the time for which the appropriations are made. 3. Money may not be taken from the general fund of the state and used for repairs of state fair buildings without appropriation. |
December 30, 1937 |
| 17- 221 |
In absence of statutory authority license may not be withheld until payment of delinquent fee of previous year. |
December 30, 1937 |
| 17- 222 |
When a milk dealer is both a producer and a distributor, he must pay a separate fee for each one. |
December 30, 1937 |
| 17- 223 |
Foreign corporations, having become admitted to do business in this state, must file annual statement, even though inactive, in order to maintain legal status in the state. |
December 30, 1937 |
| 17- 224 |
A pond created by artificial storage, on a creek, is an artificial pond. |
January 12, 1938 |
| 17- 225 |
1. Stenographer fees may only be collected in civil actions where an issue of fact is raised, and such fees must be collected before trial. 2. No stenographer fees are chargeable in default actions. |
January 11, 1938 |
| 17- 226 |
Where the tax levy is excessive and unlawful, the excess may be refunded without action of the court. |
January 14, 1938 |
| 17- 227 |
1. The reappropriation provided for by Part I, Section II, subsection (f), Chapter 82, Laws of 1937, may be used during the entire year period and is not limited to the first year. 2. Any balance from said reappropriation, not required for the contracts, agreements and obligations of the boards, bureaus and commissions for which originally appropriated, may be used for any ordinary and legitimate expenditure of the state department of public welfare. 3. it will not be lawful to use unexpended balances of the regular appropriation for the year terminating March 1, 1938, during the next ensuing fiscal year, in addition to the regular appropriation for the second fiscal year. 4. Transfer of funds from specific accounts, as provided by Part VIII, Section V, Chapter 82, Laws of 1937, may be made by resolution of the board, without first drawing the money to be transferred, from the state treasury. |
January 15, 1938 |
| 17- 228 |
A school trustee is entitled to receive payment for transportation of his children, when transportation has been authorized in the district. |
January 3, 1938 |
| 17- 229 |
1. County commissioners may lease county buildings and equipment for hospital purposes in the manner provided by Section 4465.29, and not otherwise. 2. County commissioners may contract for hospitalization of the poor in the manner provided by sections 4525, 4526, and 4527, and not otherwise. |
January 7, 1938 |
| 17- 230 |
The sum of $7,500, funds of the fish and game commission, which Section 3685 provides shall be transferred to the bounty fund, in the absence of specific appropriation by the legislature, may not be expendable by the livestock commission for that purpose, and therefore no funds of the fish and game commission may be expended by any other agency. |
January 19, 1938 |
| 17- 231 |
The revolving fund provided by Section 5277.1 applies to special improvement district or districts and not to bonds and warrants created under the provisions of Section 5244, R.C.M. 1935. 2. Fines and fees for book rental are a part of the public revenues from sources other than taxation and within the budget provisions of cities and towns. They should be included with other revenues and expended as such by warrants regularly issued and paid by city and county treasurers. |
January 24, 1938 |
| 17- 232 |
1. County Commissioners may make administrative rules and regulations for carrying out the provisions of Sections 2815.1, 2815.2, 2815.3, 2815.4 and 2815.5, R.C.M. 1935, but may not legislate as to qualifications or eligibility requirements for operation of dance halls outside incorporated cities and towns. 2. Bona fide patrons of premises where beer is sold are permitted to dance therein without such premises having a license as a Public Dance Hall. 3. Section 11566.3 being a later enactment than Section 2815.1, supercedes it in such respects as the two sections may be in conflict. |
January 24, 1938 |
| 17- 233 |
1. One school district with four schools and thirty-nine pupils constitute one school system and two class room units. 2. Sections 1200.2-1200.3 provide the method of classification and Section 1200.5 has no application to isolated schools with enrollment of ten or more pupils. |
January 27, 1938 |
| 17- 234 |
The state examiner's permanent revolving fund provided for by House Bill No. 337, Laws of 1937, p. 663, does not lapse after the first year but continues for the biennium. |
January 27, 1938 |
| 17- 235 |
1. Under Chapter 72, Laws, 1937, only those taxes assessed against the motor vehicle on January 1st of the current year, must be paid before registration of such vehicle. 2. The County Treasurer may not require as a condition of registration of motor vehicle that taxes levied and unpaid prior to January 1st of current year, be paid. |
January 28, 1938 |
| 17- 236 |
The fiscal year, as provided by Paragraph (a), Section IV, Part VIII, Chapter 82, Laws of 1937, beginning March 2, 1937, and ending March 1, 1938, includes the first day of March, 1938. Checks issued on March 1, 1938, in payment of needs for the month of March, according to the custom, constitute an expenditure on March 1, and within the current fiscal year, such expenditure being in a normal way for the natural and ordinary needs intended. |
January 31, 1938 |
| 17- 237 |
In determining need of an applicant for certification to W.P.A., or for assistance under Chapter 82, Laws of 1937, an adjusted service certificate may not be considered as a resource. |
January 31, 1938 |
| 17- 238 |
1. Automobiles whose permanent situs is on Reservation under exclusive jurisdiction of Federal Government are not subject to state and county taxation. 2. Automobiles owned by Patented Indians are subject to taxation. 3. Automobiles and other personal property of an unpatented Indian purchased with trust funds or on purchase order of Federal Government, are subject to taxation unless the Federal Government has restricted the domination and alienation of such property. 4. Automobiles and other personal property purchased by unpatented Indians with trust funds are imprest with the trust and not subject to taxation until such trust is released. 5. Indians, whether patented or unpatented, as well as all other owners and drivers of automobiles must procure license plates and driver's permits. |
January 14, 1938 |
| 17- 239 |
1. Officers of the Board of Managers of Soldiers' Home consist of a President and a Secretary-Treasurer. No provision is made by statute for a Vice President. 2. Officers must be elected not later than the first Tuesday in May of each year. 3. Officers may be elected at any regular meeting, or any special meeting called for that purpose, not later than the first Tuesday in May of each year. |
February 3, 1938 |
| 17- 240 |
Joint School Districts must be dissolved in accordance with procedure set forth in Section 1037.1, R.C.M., 1935. |
February 3, 1938 |
| 17- 241 |
Certificates of authority granted under provisions of Chapter 267, R.C.M., 1921, gave a vested right, which was not revoked by Chapter 319, R.C.M., 1935. 2. Holder of certificate under Chapter 267, R.C.M., 1921, whose plant is destroyed wholly or partially by fire, is not deprived of right to renewal of certificate under provisions of Chapter 319, R.C.M. 1935, because all or portion of records are lost by fire. |
February 3, 1938 |
| 17- 242 |
1. A by-law prohibiting proxy voting for directors is invalid. 2. A system of absentee voting by mail ballot could not supplant proxy voting for directors. 3. Except for election of directors, the stockholders may make any voting regulations they see fit. |
February 4, 1938 |
| 17- 243 |
Where the state board of examiners have authorized increased enrollment and expenditures by reason of unforeseen and unanticipated emergency, as provided by Section 2, Chapter 40, Laws of 1937, claims approved by the board by reason of such increased enrollment cannot be paid out of the appropriations of the current or the succeeding year unless there is sufficient money, after paying the needs of such current or succeeding year, and such claims will have to be paid by a deficiency appropriation, as provided by Section 2. |
February 7, 1938 |
| 17- 244 |
Either wilfully administering or maliciously exposing poisons are necessary elements in the crime of poisoning animals or killing, maiming or poisoning livestock, as defined by Sections 11512 and 11515. |
February 7, 1938 |
| 17- 245 |
Deductions shall be made from Teacher members' payroll following entry into system. |
February 5, 1938 |
| 17- 246 |
It is mandatory upon the constable to serve process issued out of Justices' courts, but all other qualified persons, including Sheriffs, have discretionary authority to serve such process. |
February 11, 1938 |
| 17- 247 |
A county may lease land held on tax deed, to a grazing district, or an individual, for a term not to exceed three years, but such lease must be given subject to sale, or redemption by the original owner. |
February 15, 1938 |
| 17- 248 |
1. The Justice of the Peace is the only one having authority to dismiss a criminal action filed before him, either upon his own motion, or that of the County Attorney. 2. A Highway Patrolman has no authority to dismiss, or to move the dismissal of a criminal action pending before a Justice of the Peace. 3. The Justice of the Peace is entitled to the fee prescribed by statute, regardless of whether or not a trial has been had or fine or sentence imposed. 4. A Justice may deduct his statutory fees from his monthly remittance, although there may not have been any fine collected in a specific case or cases during said period. 5. The County is entitled to reimbursement for cost of board of prisoners in highway patrol cases upon proper claim therefor being filed with the Highway Patrol. 6. The Justice is entitled to the statutory fee for transmitting papers on appeal to the District Court, in addition to the fee for approval of bond. 7. In Townships where Justice receives no salary, his fees are paid by the County. |
February 18, 1938 |
| 17- 249 |
1. A surety on a bond furnished by a livestock operator, under the provisions of Chapter 52, Laws of 1937, may not withdraw from the bond without the consent of the principal and obligee. 2. The liability of a surety on a bond furnished by a livestock operator does not continue beyond the period of the license of the livestock operator. |
February 23, 1938 |
| 17- 250 |
The Clerk of a School District may act as agent for an insurance company in securing school insurance. |
February 23, 1938 |
| 17- 251.5 |
The fiscal year for appropriation for child welfare and services to crippled children is for the period March 2nd to March 1st, regardless of the fact that such appropriation was not made available under Chapter 82, Laws, 1937, until July 1, 1937. |
February 23, 1938 |
| 17- 251 |
Purchases may be made out of current fiscal funds so long as the expenditure does not exceed the appropriation, even though material, supplies, etc., are not delivered until after the end of the fiscal period. |
February 23, 1938 |
| 17- 252 |
1. Peace officers as defined by statute are sheriffs and their deputies, in counties; constables, in townships; and policemen and marshals in cities and towns. 2. There is no such officer as a "state policeman." 3. Highway patrolmen are not state policemen, and have no authority to recover certificates of registration which have been declared forfeited, such duty devolves upon peace officers as herein defined. |
February 23, 1938 |
| 17- 253 |
1. In all highway patrol prosecutions, a formal sworn complaint must be filed with Justice Court. The summons issued by patrolman at time of arrest is insufficient. 2. County Attorney is required to prepare complaint, if requested to do so. The final duty to determine if offense is to be prosecuted, devolves upon County Attorney. 3. Justices of Peace in highway patrol offenses are subject to disqualification in the manner provided by statute, the same as in other criminal cases. 4. Where two Justices act in one case, by reason of disqualification of one Justice, only one fee is allowed, the amount of which depends upon the facts in each case, such as where trial is had, or plea of guilty entered. |
February 28, 1938 |
| 17- 254 |
Section 3653 gives to the Fish and Game Commission the power to make changes in bag limits of game fish. The delegation of power to the Fish and Game Commission to change bag limits of fish, after investigation, and after finding that such change is necessary to assure the maintenance of an adequate supply thereof, is not a delegation of legislative power in violation of Sec. 1, Art. IV, Montana Constitution. |
March 2, 1938 |
| 17- 255 |
1. The State Board of Public Welfare may use money appropriated for general relief and contingencies to sponsor, or co-sponsor projects of Works Progress Administration. 2. A warrant or check drawn February 26, 1938, is an expenditure out of the appropriation for the fiscal year ending March 1st, 1938, and money represented by such warrant or check does not lapse to the general fund at the expiration of the fiscal year. |
March 4, 1938 |
| 17- 257 |
1. One may not establish residence in Montana while drawing relief grants from another state. |
March 7, 1938 |
| 17- 258 |
Preference must be given qualified Veterans who have been certified to the Works Progress Administration on the basis of need. |
March 8, 1938 |
| 17- 259 |
Volunteer firemen on active duty and those having certificate of service, are exempt from poll tax, road tax and head tax of every description. |
March 10, 1938 |
| 17- 260 |
A city or town has the power to impose a license fee upon a dentist duly licensed to practice his profession under a state law even though such license fee is greater than the state license. |
March 14, 1938 |
| 17- 261 |
1. County Boards of Public Welfare may supplement W.P.A. wages with relief grants to extent that need is shown. 2. The standards set by State Board are merely for use as a guide, and the totals therein stated may be increased or decreased to meet actual need shown. 3. Assuming that all items in standard schedule are needed, the total grant per person in the average community should not be less than provided by standard schedule. |
March 14, 1938 |
| 17- 262 |
When obligations are incurred, or warrants issued within the reasonably expected income, or within the appropriation, same are valid, although payment not made until after expiration of appropriation period. |
March 24, 1938 |
| 17- 263 |
1. County assessors attending the conference called by the State Board of Equalization are entitled to expenses, including reasonable allowance for board and lodging. |
March 28, 1938 |
| 17- 264 |
1. For purpose of certification to Works Progress Administration under Welfare Act, the term "family group" means those members of family actually dependent upon the head of the family. 2. Where married son resides with parent in latter's home there are two separate family groups. |
March 28, 1938 |
| 17- 265 |
1. The State Public Welfare Board has absolute authority to sponsor W.P.A. projects designed to furnish relief to the unemployed in the form of work. 2. In sponsoring such projects the board may furnish necessary materials therefor. |
April 2, 1938 |
| 17- 266 |
There is no provision in the law of Montana for division of joint school districts, lying partly in one county and partly in another. |
April 8, 1938 |
| 17- 267 |
1. A teacher member of retirement system absent from State without pay for more than three years, except by reason of disability, forfeits rights to service credits. 2. A teacher member in Montana, absent from teaching less than three years, may preserve service credits by paying $1 to expense account. 3. Teacher absent from teaching must continue paying $1 expense fee. 4. Any period taught in any one year cannot exceed one year's service credit. 5. Retirement Board may establish minimum length of time to be taught to equal one year's service credit. |
April 12, 1938 |
| 17- 268 |
1. Responsibility for emergency medical care and hospitalization for non-residents is on county of residence. |
April 13, 1938 |
| 17- 269 |
The Fish and Game Commission has the power and authority, under the provision of Section 3653, R.C.M. 1935, to declare an open season on deer in Carbon County. |
April 19, 1938 |
| 17- 270 |
Reimbursement checks or warrants by counties, under the provisions of Chapter 82, should be made to the order of the State Department of Public Welfare, and forwarded directly to it. |
April 19, 1938 |
| 17- 271 |
1. The Fish and Game Commission has authority to set up a special fund for use in eradication and extermination of predatory animals. 2. The Fish and Game Commission may not turn over a sum of money to the Livestock Commission for this purpose, but may cooperate with that commission by aiding in the payment of bounty claims as such claims are presented. |
April 20, 1938 |
| 17- 272 |
1. Officers of the United States, the State of Montana, or any county, incorporated city or town, are not entitled to witness fees for testifying at coroner's inquests. 2. Such officers are entitled to the statutory compensation when serving as jurors at coroner's inquests. |
April 22, 1938 |
| 17- 273 |
A Montana insurance agent may not remit a portion of the full commission he receives for counter-signing an insurance policy to a broker for engineering and inspection service. |
April 23, 1938 |
| 17- 274 |
1. Newspapers and periodicals publishing advertising matter of non-licensed insurance companies in this state, are subject to the penalty provided by law. 2. Officers, agents and employees of such non-licensed insurance companies soliciting business in this state are likewise subject to such penalty. |
April 28 1938 |
| 17- 275 |
Candidates for consolidated offices must have the statutory qualifications required for both officers. 2. The constitution having prescribed the qualifications required of county officers, the legislature is without power to supplement them. 3. The method prescribed by Section 4749.1, R.C.M. 1935, for consolidation of constitutional offices applies only where consolidation is effected by petition, and does not conflict with the procedure by commissioners. 4. County Commissioners may, in their own discretion and on their own motion consolidate any two or more offices enumerated in Sec. 5, Art. XVI, of the Montana Constitution by complying with Section 4749.1, R.C.M. 1935. |
April 30, 1938 |
| 17- 276 |
1. State and County officials may travel by bus or train while on official business. The term "railroad" as used in the statutes with reference to transportation, includes, "bus." 2. Officials must travel by bus or train when suitable, but when such means of travel is not suitable, they may use own automobile and charge the statutory mileage. 3. If an official uses his own automobile, when rail or bus transportation is suitable, he is not entitled to mileage, but may only charge the regular bus or rail fare. 4. In determining whether the mode of travel is suitable, the facts of each case, with respect to nature and object of errand, convenience to the work at hand, etc., must be considered. 5. No arbitrary rule can be established equally applicable to every case. |
May 6, 1938 |
| 17- 277 |
1. So long as the state is not deprived of jurisdiction, over the corporate property, a foreign and domestic corporation may merge or consolidate, the merged corporation to remain a Montana corporation. 2. "Consolidation," as used in Article XV, Section 15, of the Montana Constitution, and in Section 6001, R.C.M. 1935, is inclusive rather than accurate and is meant to cover "Union," "Merger," "Blending," or "Coalescence," of two or more corporations in one corporate body, providing the consolidation or merger is not in violation of Article XV, Section 20, of the Constitution relating to Trusts. 3. The procedure of consolidation shall conform to the provisions of Section 650, R.C.M. 1935. |
May 10, 1938 |
| 17- 278 |
1. Proprietors licensed to maintain card tables may supply their customers with counters or chips for the purpose of keeping the score of the licensed games, when such counters have no exchange value in money or merchandise. |
May 10, 1938 |
| 17- 279 |
1. The game of "Ski-Ball," as described in the particular facts given, is a game of skill and not prohibited by statute. 2. Trade checks, redeemable in merchandise, may be given as prizes for superior ability in playing a game of skill, without violation of Chapter 153, Laws '37. |
May 10, 1938 |
| 17- 280 |
1. The State Fish and Game Warden may not require a bond in excess of $1000 from License Dealers. 2. The Warden may send out license blanks in any amount he chooses, so long as the remittance requirement of Section 3687, R.C.M. 1935, is enforced. |
May 10, 1938 |
| 17- 281 |
1. County Commissioners may pay for gas, truck hire, etc., from poor funds, for the purpose of providing means of transportation for relief clients in going to and from Work Progress Projects, where such projects are located at a distance where transportation is necessary. |
May 9, 1938 |
| 17- 282 |
A drug store sending films to non-resident photographer for free development, selling prints, is not subject to the provisions of the act relating to photography (Chapter 37, Laws of 1937) but should said act be broad enough to include them it would be invalid as interfering with interstate commerce. |
May 18, 1938 |
| 17- 283 |
It is not the duty of the state examiner to examine the books and records of the secretary and treasurer of the state pharmacy board. |
May 19, 1938 |
| 17- 284 |
An Act of the Legislature providing for appointment of a state officer and fixing salary thereof, without making specific budgetary appropriation, is sufficient to constitute an appropriation from general fund for payment of such salary. |
May 24, 1938 |
| 17- 285 |
The appointment of a Veterans Burial Supervisor is mandatory upon County Commissioners. 2. It is mandatory upon County Commissioners to pay the fee of $150, unless the net value of the estate exceeds $2000, or unless the fee is waived. 3. The Act applies to War Veterans, and others. |
May 31, 1938 |
| 17- 286 |
1. There is no provision in the Montana codes specifically outlining the number of witnesses to an "X" mark, and addresses of witnesses, other than Section 10713. 2. The State Department of Public Welfare has authority to regulate the indorsement incident to granting assistance under Chapter 82, and may make such regulations in conformity with those of the Federal Social Security Board. |
June 3, 1938 |
| 17- 287 |
1. ection 33, R.C.M. 1935, applies in determining residence for purposes of relief, rather than Section 574. 2. One may establish county residence while employed on W.P.A., or while receiving relief from another county. 3. A student at the University of Montana may establish a county residence for purpose of relief, depending upon the facts as applied to the rules of Section 33, Revised Codes of Montana, 1935. |
June 10, 1938 |
| 17- 288 |
1. Candidates for the office of Chief Justice of the Supreme Court, to fill vacancy caused by death of incumbent prior to primary nominating election, must be nominated at ensuing primary election by having names written in or pasted on the ballot. 2. The Governor has the authority to fill the vacancy, caused by death of Chief Justice , by appointment, such appointee to hold office until a successor is elected at next general election, and qualifies therefor. |
June 15, 1938 |
| 17- 289 |
An elector may vote for only one candidate in the non-partisan election for Chief Justice. |
June 16, 1938 |
| 17- 290 |
1. The Teachers' Retirement Board is entitled to 5% of net receipts from sales of liquor not exceeding $75,000. 2. "Net Receipts" include cash reserves and increased stock. 3. Expenses of operating of warehouse, enforcement division, and similar items must not be deducted out of the proceeds of liquor sales before computing "net receipts." |
June 20, 1938 |
| 17- 291 |
1. The rentals paid for space in the Capitol Building are deposited in the Capitol Building Custodian Fund and used by the custodian as part of his appropriation. |
June 22, 1938 |
| 17- 292 |
An elector has the right to write in for chief justice of the supreme court the name of a person who is a candidate for associate justice and such vote must be counted. |
June 23, 1938 |
| 17- 293 |
School Trustees, within their sound discretion, may enter into a three-year bus transportation contract. |
June 27, 1938 |
| 17- 294 |
Bus transportation is supplied in lieu of school, and where no school is operated, the Board must furnish individual transportation for child from home to school of attendance. |
June 28, 1938 |
| 17- 295 |
A constable may appoint a deputy whose power to serve writs is co-extensive with the county. 2. A deputy constable's office becomes vacant when he ceases to be a resident and elector of his township. Service of writs by such a person is a nullity. 3. A deputy constable must be an elector of the township for which appointed. |
June 28, 1938 |
| 17- 296 |
A school bus being "permanent property" is owned, after the division of the district, by the district where the bus was situated or used at the time of the division. |
June 29, 1938 |
| 17- 297 |
1. Dependent orphan children in foster family homes, where public expense is required, if under the age of twelve years, must be provided for by the state. 2. Such children over the age of twelve years and under sixteen years, must be provided for by the county, with discretionary power in the state to supplement the county assistance. 3. Financial responsibility for and authority over the child is determined at time of commitment, continues thereafter in accordance with statutory provisions governing the same. |
July 28, 1938 |
| 17- 298 |
Section 4549, R.C.M. 1935. authorizes boards of county commissioners to make appropriations for advertising purposes and by virtue of this section they may make an appropriation within the limits of that section for the purpose of putting on an exhibit at the Golden Gate International Exposition in San Francisco. |
July 7, 1938 |
| 17- 299 |
Fines collected for violations of Chapter 150, R.C.M. 1935, as amended by Chapter 182, Laws 1937, are distributed in accordance with Section 1741.12. Fines collected for violation of Chapter 151, R.C.M. 1935, are distributed in accordance with Section 1752. |
July 12, 1938 |
| 17- 300 |
Where a taxpayer paid money to the county treasurer for taxes before they became delinquent, and the county treasurer failed to account for same, the bonding company is required to pay the penalty and interest subsequently accruing. |
July 15, 1938 |
| 17- 301 |
1. The Board of County Commissioner has power and authority to provide for medical and surgical care and hospitalization for indigent sick as is approved by state board of health or state medical association, in addition to that provided by County Physician and County Hospital. 2. The Board may fix a fee schedule agreeable to physicians and surgeons, and permit relief clients and indigent sick to have services of doctor of their own choice, approved as above, and payment therefor is a legal charge against the poor fund. 3. The Board must retain supervision over such services and may pay only such claims therefor as have been ordered and approved by it. |
July 18, 1938 |
| 17- 302 |
There being no provision in a legislative act fixing the time within which a board is required to act in the issuance of revenue bonds, and nothing in the act itself indicating an intent to limit to one issue rather than several, in the absence of legislative withdrawal of such power, the board may issue such bonds at any time. |
July 18, 1938 |
| 17- 303 |
A teacher who taught in an Eastern University is not entitled to prior service credit. |
July 22, 1938 |
| 17- 304 |
When cash available for general relief purposes in the poor fund is depleted, and no transfers of surplus funds from other funds, or items within the poor fund can be made, the county is entitled to a grant-on-aid for general relief. 2. The county cannot issue registered warrants against anticipatory revenue in the poor fund. 3. Registered warrants not representing cash on demand may not be issued in payment of relief. 4. It is mandatory upon the state to make grants-in-aid to counties when poor fund cash is shown to be exhausted. |
July 22, 1938 |
| 17- 305 |
The fees in Justice Court for violation of game laws are prescribed by Section 4926, R.C.M. 1935. 2. When a Justice receives a salary, the county is the beneficiary of the fees. 3. Fees are deductible from the fine. 4. Court fees and other costs, where fine is paid, are distributed in accordance with the provisions of Section 12433; where fine is not paid, distribution is made in accordance with the provisions of Section 4930, R.C.M. 1935. |
July 18, 1938 |
| 17- 306 |
County commissioners are entitled to ten cents per mile for distance necessarily traveled in attending meetings of Board of County Commissioners, or of County Welfare Board. 2. County Commissioners are entitled to seven cents per mile for distance necessarily traveled in making road inspections or in doing similar work. |
July 26, 1938 |
| 17- 307 |
The United States, under the Migratory Bird Conservation Act, may not acquire lands in Montana for migratory bird sanctuaries without consent by law of the State. |
July 28, 1938 |
| 17- 308 |
Montana form of Warehouse receipts for the storage of grain is negotiable. |
July 29, 1938 |
| 17- 309 |
The county commissioners, should they find it necessary and desirable in order to find employment for the dependent poor, may budget and appropriate money for setting up or assisting the Montana State Employment Service in setting up free public employment offices. |
August 1, 1938 |
| 17- 310 |
Operating cost of residence halls must be paid out of income from such halls and not from appropriations made for expenses. |
August 2, 1938 |
| 17- 311 |
1. A County Agent is not a county officer. 2. A County Agent is entitled to collect mileage at the rate of ten cents per mile. 3. Section 4884, R.C.M. 1935, as it applies to "other persons who may be entitled to mileage," is unconstitutional. |
August 2, 1938 |
| 17- 312 |
A used motor vehicle in the hands of a dealer between December 31st of one year and June 30th of the following year when sold thereafter, is subject to the one-half year license fee. |
August 2, 1938 |
| 17- 313 |
1. One using his truck in assisting neighbor harvest his crop need not procure MRC license, this being "an occasional transportation," as defined by statute. 2. There is no statutory limit on number of MRC licenses that may be issued. |
August 2, 1938 |
| 17- 314 |
Cities and towns may not collect license fees for police regulation from barbers. |
August 3, 1938 |
| 17- 315 |
County commissioners are entitled to mileage for one trip only, for each session of the board of county commissioners. (The rate is 10c per mile. See opinion of the Attorney General, No. 306, Vol. 17) |
August 3, 1938 |
| 17- 316 |
An election to bond a high school district must be separate from the general election for county and state officers. |
August 5, 1938 |
| 17- 317 |
The State Department of Public Welfare has available funds to meet the counties' needs for general relief. It is mandatory that the state make grants-in-aid for general relief to the counties when the counties' cash is exhausted. The counties must not issue registered warrants upon the county poor fund for general relief purposes. |
August 5, 1938 |
| 17- 318 |
Incorporated cities have the power to appropriate money for the support of free public employment offices, said money to be used jointly with the county, state and federal funds in maintaining employment offices in such cities, and agreements made between such cities and the Montana State Employment Service are valid. |
August 8, 1938 |
| 17- 319 |
1. The State Department has available funds and must make grants to the counties for general relief when the counties' poor funds are exhausted. 2. Unless the counties avail themselves fo their rights through appropriate measures, they forfeit the same, and if state funds are not used as required by law, the counties' only alternative is to issue anticipatory warrants pending an adjudication of the matter. |
August 9, 1938 |
| 17- 320 |
The tenure of office of appointee to fill vacancy caused by the death of the state senator does not extend beyond the next general election. A special election must be held to fill the vacancy. |
August 11, 1938 |
| 17- 321 |
The person appointed by the county commissioners to exterminate insect pests is authorized to enter on infected premises whether the owner consents or not. |
August, 1938 |
| 17- 322 |
Since the statute does not expressly fix the fee for regular examination of credit unions, none may be charged by the state examiner. |
August 12, 1938 |
| 17- 323 |
1. In an apparent conflict between the title and the body of an act, it is the wording of the body that is controlling. 2. Only rolling stock of railroads is excepted from the provisions of Chapter 95, Laws of 1937. |
August 12, 1938 |
| 17- 324 |
The Livestock Sanitary Board may receive from the City of Missoula, funds for the purpose of paying the cost of meat inspection in the City of Missoula. |
August 16, 1938 |
| 17- 325 |
1. The County Commissioners may, in their discretion, exchange lands for aiding in the construction of water conservation projects. 2. County Commissioners may not donate lands of the county for any purpose. |
August 22, 1938 |
| 17- 326 |
The remedy for refund of taxes erroneously paid is under provisions of 2222, R.C.M. 1935. 2. The County must refund the entire amount of taxes erroneously paid and look to legislative action to appropriate the amount distributed to the state. |
August 24, 1938 |
| 17- 327 |
In counties of the fourth class under Section 4741, R.C.M. 1935, the Board of County Commissioners, proceeding under Section 4742, R.C.M. 1935, create and bring into existence the office of County Auditor. 2. The office of County Auditor shall be filled at the general election following the creation of the office. The term shall be two years. 3. The method of nomination shall be by petition or names may be written in on the regular ballot. |
August 25, 1938 |
| 17- 328 |
Articles of Incorporation may provide for stock classification, even to the extent of a provision for non-voting stock. |
August 31, 1938 |
| 17- 329 |
The State Department of Public Welfare, through the Division of Child Welfare, has authority to provide treatment at state hospital for those persons coming within its jurisdiction, and to use funds of the department provided therefor. |
August 31, 1938 |
| 17- 330 |
The poll books of the last primary nominating election may not be used in testing petitions for removal of the county seat. Only the poll books of the last general election, meaning the biennial regular general election in November, may be used. 2. The board of county commissioners may check the sufficiency of the petition for removal of a county seat prior to the date of the hearing. 3. The board may employ help to assist them in checking the petition for removal of a county seat. |
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| 17- 331 |
(Supplementing Opinion327, Vol 17) In counties of the Fourth Class under Section 4741, R.C.M. 1935, the Board of County Commissioners, proceeding under Section 4742, R.C.M. 1935, create and bring into existence the office of County Auditor. 2. The office of County Auditor shall be filled at the general election following the creation of the office. The term shall be for two years. 3. The method of nomination shall be by petition or names may be written in on the regular ballots. |
September 2, 1938 |
| 17- 332 |
Track buyers who buy wheat in this state for shipment to another state are engaged in interstate commerce and are not subject to state regulation such as license fee as a condition precedent to their engaging in such business. |
September 12, 1938 |
| 17- 333 |
A city ordinance prohibiting solicitors, peddlers and hawkers from going upon private premises without consent of owner or occupant, making certain exceptions and declaring a violation to be a misdemeanor and punishable, held constitutional and within the police powers of the city. |
September 20, 1938 |
| 17- 334 |
A county welfare board may not make a grant of general relief on condition the amount granted be repaid to the county. A county may not loan county funds. |
September 21, 1938 |
| 17- 335 |
Whether or not pension received by veteran or his widow should be considered in determining eligibility for certification to W.P.A. will depend on all the conditions existing in each particular case. |
September 21, 1938 |
| 17- 336 |
1. When the regular court stenographer has been excused the compensation for the stenographer pro tempore is an additional expense to be borne by the counties in the manner provided by Section 8933, Revised Codes of Montana, 1935, and the regular stenographer is entitled to his full salary. |
September 26, 1938 |
| 17- 337 |
The State Examiner has no power to examine the books and accounts of Housing Authorities. |
September 28, 1938 |
| 17- 338 |
1. The county central committee may, if it chooses nominate to fill a vacancy among candidates the person whose name was written in at the primary election, but who thereafter failed to qualify. 2. The failure of a person whose name was written in for the office of State Senator at the primary election to qualify by accepting the nomination created a vacancy among the candidates which can be filled by the county central committee. |
October 7, 1938 |
| 17- 339 |
"Trade-mark," as defined by Section 4286, R.C.M. 1935, covers businesses as well as goods, and therefore the name "PIC 'N' PAY" is entitled to registration as provided by Section 4287. |
October 11, 1938 |
| 17- 340 |
It is not necessary or proper to list the offices in the independent column on the official ballot at the general election, except those offices for which there are independent candidates. |
October 17, 1938 |
| 17- 341 |
A recipient of old age assistance may be absent from the county or state for any period less than one year, without losing his residence, except where facts show conclusively the establishment of a new residence. |
October 19, 1938 |
| 17- 342 |
A corporation named "Ten Cent Drug Store" may register such name as a trade-mark, under the provisions of Section 4286 and 4287, R.C.M. 1935. |
October 24, 1938 |
| 17- 343 |
The State Board of Education is not required to accept the bid of the person who will likely have labor difficulties, as such situation affects the bidder's responsibility. The board may therefore reject such bid and accept the bid of another bidder who is the lowest responsible bidder. |
October 25, 1938 |
| 17- 344 |
Any contract pertaining to the construction, alteration, repair or improvement of the chemistry, pharmacy building at the State University must be governed by the provision of Section 259.3, which requires that a bid be accompanied by a certified check and, therefore, since the statute does not authorize it, a bid bond may not be received in lieu of a certified check. |
October 25, 1938 |
| 17- 345 |
1. An incorporated town as defined by Section 4959, R.C.M. 1935, is a political subdivision of the State. 2. The office of town marshal is a position of trust and emolument. 3. The Nepotism Act is equally applicable to all political subdivisions of the state. 4. Section 5015, R.C.M. 1935, is the only statute governing the removal of city and town officers. |
October 26, 1938 |
| 17- 346 |
1. Wives of officers, soldiers, sailors of the U.S. Army, navy or marine corps have to reside in the state for six months before being entitled to purchase resident fish and game licenses. |
October 26, 1938 |
| 17- 347 |
A county health officer paid an annual salary is not entitled to fees for registering births and deaths. |
November 2, 1938 |
| 17- 348 |
Where ballots have not been sent by the county clerk to the election judges, and the clerk has time to do so, he may affix the pasters of a new nominee. |
November 4, 1938 |
| 17- 349 |
1. Where the sheriff was holding office by appointment before the general election, and no special election was called to fill the vacancy, a second vacancy exists after the general election and it is the duty of the county commissioners to fill that vacancy by appointment for the remainder of the term. 2. The sheriff elect takes office the first Monday in January, 1939. |
November 14, 1938 |
| 17- 350 |
Court stenographer appointed Pro Tempore, in absence of regular stenographer, is entitled to compensation provided by Section 8933, which is not to be deducted from regular stenographer's salary, for days spent in court, as well as for time spent in transcribing notes. |
November 28, 1938 |