The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1926-02-05

2 Mill Educational Levy Passed in
1920 is Unconstitutional; State
Treasurer Pays Farm Hail Losses
As the result Of disclosures made in the
examination off Sanders county books by
deputy state examiner A.. y. Williamson
showing that three commissioners charged
the county IS a day for their services as
foremen Of read construction assistant to
surveyors on county roads and bosses Of
road grading crews, custer proceedings |
have been filed at Thompson Falls. The
commissioners are W. B. Russell and Hugh /
r. stephens Of Plains and F.. E. Beers Of
TuscOr.
In the opinion Of the attorney generals
office, as expressed to the supreme court.
the measure which was voted by the
people in 1920 to provide a mill and a half
tax for operation OF the University of
Montana, is unconstitutional. In his argu-
ment cOntesting the application for an in
junction against the state board Of exam
liners the effect Of which would be to place
all proceeds Of the levy at the disposal Of
the university, A. H. Angstman, assistant
i attorney general, raised several cOnstitu-
tiOnal questions. He pointed out that upon
the present valuation Of Montana the con-
s%titutiOn limits the levy to 2 mills. By an
initiative act, the people attempted to
make the levy 3 1-2 mills whereas, he
insisted a question of constitutional amend
ment must originate in the legislature.
= An invitation to carry his case to the
state supreme court seems to be contained
in an award of the Montana industrial
accident commission to Bob Dozen, miner,
I injured March 3, 1922, while in the employ
Dozen is awarded total liability damages
Of $2,S98, from which the company is
5 allowed to deduct $2,S98 heretofore paid,
: leaving a balance Of 1878. His original in
h jury consisted of a fractured jaw, fracture
> and dislOcatiOn of the right ankl and
c fractured left ankle. The ankle injury left
e him with a shortened right leg and the
s. dislOcati0n did not come properly into
i, place so that there has resulted an in
flamatiOn of the bone. The award suggests
that he return to the ~cOmpany's hospital
it and submit to the amputatiOn Of the
affected limb and to such other treatment
. as is necessary, at the ~cOmpany's expense
O o @
Is FOrty-five thousand dollars surplus IN
the state hail insurance fund for 1925 is
being used to pay warrants registered by
y the department in 1928. Warrants up tt
n and including number 122. III, are beine
r called by State Treasurer w. e. Harmon
@ O O
w According to certain sections Of thu
: federal statutes a vested interest in publi
lands to a right of way for an irrigatinl
&c ditch is not secured until the ditch is com
n pleted, and thereby C. N. Mannis, in hi
suit against Powell county to restrain /
50 from interfering with his ditch across
public highway, held no title to the ditcl
right Of way.
40 Persons contracting with a municipa
- corporation must at their peril inquire int
re the statutory power of the corporation o
its officers to make the contact, maintain
the supreme court in quoting a genera
and fundamental principle Of law, in a
opinion handed down in which it affirm
and Clark county by which the action Q
IL Galen d. Pue against the county Of Levi
lis and Clark was nOnsuited.
If O g O
ut All property owned by a person at tn
or time Of his death, including gifts, O
y transfers previously made by him bJ
be which are to become effective at the tim
he of his death, is subject to taxation unde
al the state inheritance tax law, accOrdin
to an opinion Of the supreme court handle
ne down in the Silver Bow county appeal cas-
en- Of the executors Of the will Of Joseph ]
Oppenheimer, deceased, against the sta
- of Montana, the state board Of equaliz'
81 ton and the county Of Silver Bow.
10 o O O
III Property of a stakeholder in an insolvel
tut bank is not subject to attachment at Il
time Of the issuance Of summons in g
D~ action for the enforcement of the stool
rs holders liability, according to an OpiniC
of the supreme court handed down in Il
eft Rosebud county suit Of the receiver of Il
Bank Of Commerce Of Forsyth, again
Margaret Young.
Tas The fish and game fund showed a ba
So ance of S96, 45S.9O on Jan. 1, according to
on llHduCAaA oIdICuISuI 4uLuAoucu Ouue hd
den Robert II. Hill, by David Marks, t
dm departments auditor. The biological fuI
to of the same department contained 81
ion 033.50 on the same date and this balan
- after the game commission paid $500
III the state bounty fund which it is requir
err to do on each year under the provisions
a law passed by tn. last Legislature.
.fic p"
ms tana is reflected in a distribution tai
md just completed by d. r.. ClOan, chief clel
for the state board Of equalization, cove
ing state taxes assessed in 1925 to the
- Montana counties. In 1924 the three-m
nus livestock head tax assessment amounted
the 500, 756. Last year the assessment reach
So6,StI' an increase OF $I,dS4. BeaVeTne
ent ttSis 1urDose, with Mineral connfv's GO
de- tributiOn Of $47 last on the list.
ich - ---