The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-26
POWERS OF THE BOARD
Two Opinions From Deputy
County Attorney Yancey.
ADOPTION OF CHILDREN
Consent OF the Parents Not Required in
Cases of Desertion-An Opinion
in the Matter OF Delin-
Quent Taxes.

: Deputy County Attorney Dan Yancey
yesterday gave the county commissions
ers W written opinions on legal prop
ositions recently submitted to him. The
first was IN regard To the .21wers II
the board TO give in adoption several
deserted children now at the pool house.
on this question Mr.. Yancey said:
In answer to your inquiry as to the
adoption of deserted children now at
the poor farm, | find in ex parte Clara
a. Chambers, so Cal. 216. that ii was a
case wherein a man n his wife took
a child from an orphan asylum and al
tempted to adopt 1t; then the orphan
asylum sued out a writ of habeas cor
pus and the child was returned TO the
asylum. the court i'm returning the child
said that If the respondents. that is. the
parties who wished 10 adopt. would fol-
low the statute and adopt her accord
ing to law that they might have the
child; but this decision sas rendered
On the statutes Of California, which are
different from our statutes.
Section 313, civil code of Montana,
provides that children whose parents
are living may not be adopted unless
said parents give their consent, or un-
less the parents have been adjudged
guilty OF desertion. etc. Section 800 is
as follows: Whenever ii Is made to
appear To the satisfaction of the dis
1rict court of any county hat any
minor child has been deserted by it's
parents or surviving parent. and that
st has no legal guardian. il shall be
lawful. with the approval of the dis
1rict judge. for any person DESTROYS of
adopting said child, to adopt the same.
according to law
Il think that If the facts are prop
erly presented in a petition to the dis
1rict court that the court would. in it's
order, if the evidence is sufficient. find
and set out in the premises and where
asses OF the adoption decree, that the
child had been deserted. n thus the
consent of the parents would not be a
prerequisite to the adoption.
However. persons who desire To
adopt children who are in your custody
at the poor farm or elsewhere would
need a lawyer To attend to the matter
for them, and it appears TO me that
all you would need to do woul be to
investigate the character of those who
desire 10 make the adoption. and IL
found satisfactory one of your number
might appear as a witness at the hear
ing for adoption, and state the facts
relative TO the children's desertion. and
your care and custody of them during
the time they nave been deserted"
The other opinion relates to the col
lection of delinquent taxes and is as fol-
lows:
In answer TO your inquiry relative To
the collection of taxes assessed I'm years
past, and not collected, | win say that
j see no reason why assessments made
on property, during any of the 10 years
last past, cannot be collected at the
usual time for the payment of taxes.
.. IF not paid, then same may be ad-
vertised n sold in same name and
at same time as the taxes for this year
are advertised as delinquent; Of course
u officers must follow the same pro-
cedure as they do i'm this years taxes.
especially must they follow sections
$500 to $3.50 political code inclusive.
Il ave been unable To find any Sec
fion in our codes directly in point. but
from the reading of 80 Cal. - n 81
Cal. 499 and sections 1928 and 1915 polit-
zeal code. Montana, I am of the opinion
that we a advertise and sell as above
stated. If the county was enjoined
from selling on the grounds that no
valid assessment was made we will
lose then we can reassess and then coll
lect same
In accordance with NJ. Yancey'S upin-
jon Auditor Davies will try To get per-
homes for the two Davis chill
dren now at the poor house. and he is
looking for some one 10 adopt them.
They are bright and good children. The
boy is ) years of age and the girl 3.
Both their father and mother deserted
shem,