Montana labor news., 1938-08-11
STATE DEPARTMENT OF PUBLIC
WELFARE-C0UNTIES-GEN-
ERAL RELIEF-ANTICIPA-
TORY WARRANTS

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available funds and must make
grants to the counties for general
relief when the counties poor funds
are exhausted,
2. Unless the counties avail them
selves of their rights through appro-
pirate 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, 1888.
Mr.. William R. Taylor,
County Attorney,
Anaconda, Montana.
Dear Mr.. Taylor;
In my capacity as attorney general
and legal adviser to the State Public
Welfare Board Opinions Nos. 304 and
BIT were issued. The chairman of
the state board, although layman,
has issued contrary statements, at
tempting himself to adjudicate those
opinions by declaring them incorrect.
Such statements continue to create
confusion and uncertainty with the
county departments.
This office has pointed out to the
counties that when their cash in
general relief is exhausted, they are
entitled to receive grants from the
state. Opinion No. 317 showed the
availability Of state funds for these
purposes. Notwithstanding the su-
preme court decision in the case of
Wilson v. Weir ct al, 106 Mont. ..........,
the express language of Chapter so
L 1887, and my opinion, the State
Welfare Board refuses to make such
grants. If the county is compelled
to register warrants upon the poor
fund for general relief, the recipient
will not receive the full amount de-
creed to be his right. The warrants
will be subject to discount and will
not represent cash on demand. The
county will be compelled to budget
and expend poor funds to pay in
terest which should be used for relief
purposes. The county is clearly en-
titled to these grants from the state,
and should not be compelled to be-
come indebted by the issuance of
registered warrants and thus place
an added burden upon the taxpayers
of the county. The county welfare
boards have access to the courts to
establish their rights This office
has never held anticipatory warrants
to be illegal. Under no condition
should the county boards stop gen
eral relief and they should continue
to issue anticipatory warrants until
their rights are determined in the
manner provided for by law; hui
manitarian rights must be the para
mount consideration. Although the
state department of public welfare
has abundant funds, which they re-
fuse to apply as required by law,
those in distress and want need not
and shall not be deprived of the
necessities of life pending a solution
of the case. The state department
having definitely refused assistance
to the counties for general relief
where the counties cash is exhaust
ed, whether or not the counties shall
receive the same now rests solely
with the boards of county commits
sioners. If the counties do not take
advantage of their rights under the
law and secure the grants from the
state through the appropriate legal
measure established for that purpose
and if they desire to stand idly by
it follows that their rights, which af-
fects the taxpayers in every county
are forfeited and the county must
accept the only alternative and issue
anticipatory warrants for general re-
lief upon their depleted poor fund
Your attention is directed to the
fact that institutional care in the
counties, such as disqualification
county physicians salaries, and SINH
lar items, which are the exclusive
relation to general relief as desig-
mated herein; that such obligations
are upon the counties, and if neces-
sary, where the counties cash in this
item have been exhausted, anticipa-
tory warrants will have to be issued
Such conclusion is in harmony with
my former opinions.
Very truly yours,