The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1926-12-31
GOVERNOR
TOPROBEG ASTAX
ATTORNEY GENERAL WANTS m
VESTIGATION BY STATE
LEGISLATURE
Primary Elections This Year Cost
MOntan $1O1,443, Secretary Of
State Stewart Reports; Average
Vote Cost S1.4O, He Points Out
(By Our Helena Correspondent

By Our Helena OOrresDOndent)
Attorney General l.. A. Foot wants the
legislature to conduct an Investigation
Of the gasoline tax situation in Mon
tana, and in his report to Governor j.
~. Erickson, he reviews the efforts Of
his office to force collection of the tax
from certain Of the Montana refineries
and asks the governor to call &c to the
attention Of the coming legislature in
his message TO that body.
His statement, covering the gasoline
tax matter, as contained in his report,
follows:
"The most important LITIGATION under
taken by this department during the
period covered by this report was the
attempt to collect the gasoline tax Of
2 cents per gallon from the several re-
timers and distributors of gasoline in the
state.
Two Comply With Il
THE original tax was enacted I'm 1921
and called for a one cent per gallon tax. In
1923 this law was amended to make the
tax two cents per gallon. Two Of the
largest distributors complied with the law.
They paid the tax, which, ultimately OF
distributors refused to pay, although none
Of them, to my knowledge, failed to col
lect the extra 2 cents from the consumer.
This office instituted action to force the
! collection.
ION case. that against the sunburst
Refining company, was tried in the district
court, where a verdict was secured in
favor of the state. The case was appealed
to the state supreme court and was there
reversed, the court finding the law enacted
in 1923 to he discriminatory and there
fore unconstitutional.
Again Brings Suit
This office then took the view that the
law Of 1921 was still in force and again
brought suit to recover the one cent per
gallon tax and a penalty of 30 per cent.
Again the case against the Sunburst Re-
filming company was tried in the district
court. and appealed to the supreme court,
I The final outcome was that the 1921 law
I was likewise held unconstitutional.
a., This office attempted to obtain a writ
. of certOriOri from the supreme court OF
the United States in both these cases, but
that court declined to assume Jurisdiction
and denied the application for the writ
p The result is that approximately S133,
n 600 that has been collected from the con.
Y sumers of gasoline in this state has MOI
been paid over to the state by the dis.
S tributOrs and refiners. AS far as thi:
office is concerned, every legal remedy ha.
been exhausted.
i "The subject is one, believe, that SHOULD
be specifically called to the attention o
" the legislature in your message and
% legislative Investigation Of the matter re
- commended"
Montana is in the red on election cost
Just S1O1,443.28, after paying the bills 70
biennial report of Secretary Of Stat
nc Charles T.. Stewart. The actual cost pc
" vote cast in the nominating election ra
It. as high as SAL in Phillips county and a
ne low as As cents in Ravalli county.
In the report to the governor, Nj
er Stewart draws attention to these Officis
o. figures, noting that the report Of tn
Of presidential primary law in 1924 will effeC
r a saving to the state of approximate
" $3.50 every four years.
10, Figures showing the cost of the genera
Of election are now being compiled and wi
be submitted in a supplementary repOr
~ The total cost of the primary electiO
lie reached S130,940.28 while the revenue do
10 rived from counties aud the state tOtalle
IN but $29,497, leaving a discrepancy {
al $1O1, 44328. The total registered vote wa
~ 205,S22 and out Of this number Onl
% % $3.50 voted. The average cost Of eaC
e vote cast was $1.40.
In Silver Bow county, with Butte 8
mt the county seat, the total vote was 13,O(
lis in a registration Of 23,651 and the CO.
ty per vote was $1.47. The cost per vote
n larger counties Of the state was Lewis an
re Clark, S124; Beaverhead, S2.79; Cascad
); 90 cents; Deer Lodge, 95 cents; Flathea
nd 50 cents; Fergus, $1.51; Madison, So.
re- MissOula, 78 cents: Park. % cents; Sher
E. dan, 1857; ToOle, $1.S9; Wibaux, $2.47.
W. The American Hospital association b.
I'd ruled that women nurses may use the
$50 ~favOrite perfume while on duty prOvidir