The people's voice. [volume] (Helena, Mont.) 1939-1969, 1942-01-16
DIGEST OF
ATTY. GENERALS
OPINIONS

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The following are questions submit
ted for rulings to Attorney General
Bonner during the past week, and his
official opinions rendered on them:
Question: 1. Where person has re
sided and been resident of the state
of Montana, for the last 10 years con.
tinuously, is he precluded from re-
ceiving silicosis payments simply be-
cause he was temporarily absent from
the state because of institutional care
or other valid reasons?
2. Would the fact that a person who
is lodged temporarily at the Veterans
Hospital in Helena, Montana, await
ing transfer to Galen, to which he has
made application, preclude him from
receiving the silicosis payments?
Held: l. A bona fide resident of
the state of Montana for a period of
10 years or more Immediately pre-
ceding the date of application for
silicosis payments, if otherwise eligi-
BILE, may not be deprived of such pay
ments because of temporary absence
from the state during said period for
medical care or other reasonable pur-
pose.
2. The United States Veterans Hos
pital at Fort Harrison is not a public
institution within the meaning of
Chapter 5, Laws of 1871, and hence
one eligible for silicosis payments
may receive such, while an inmate of
said hospital, awaiting transfer to the
State tuberculosis Sanitarium.
Question:: AS you know the unions
are fighting out ways to put the s.
hour law into effect here. Due to
lack of housing facilities it has been
suggested that If we can't put them
on 8-hours we pay them overtime on
12-hour shift until we have the nee
essary buildings completed.
VIII you please give us your opin-
ion as to whether the additional ap-
preparation of $17,5OO for additional
attendants would be available to pay
this overtime charger"
Held: Employees of state institu-
tions may not be employed in excess
of eight hours per day, even though
overtime be paid. Such employment
would be a violation of Section 4,
Article XVIII of the State Constitu-
tion.
Question: You have pointed out that
a number of child marriages have
occurred in this state recently and
request the opinion of this office as to
whether or not the State Department
of Public Welfare, through its division
of Child Welfare Services, has any re-
sponsibility with respect to such mar
riages and, If so, what procedure
should be followed with respect to
such responsibility.
Held: 1. That in this state males |
under the age of Is years and females
under the age of 16 years may not |
legally marry regardless of the con-
sent Of the parents, and marriage con-
trary to this provision may be an
nulled.
2. That Clerks of Court may not |
issue marriage licenses when one of
The parties to the proposed marriage |
Is a male under the age of IS or a
female under the age of 16.
3. That Clerks of Court may, in
their discretion, require information
under oath with respect to age of ap-
o1io e.,
a. That marriage of children does
not remove them from the jurisdiction
Or supervision of the Department of
Public Welfare.
5. That each individual case involv
ng married children should be han
lied according to the facts involved
herein.
Question:: Many years ago bridge
vas constructed by Glacier county
,ver the Two Medicine river just out
tide of Glacier Park, Montana. 1t is
m what is now designated as No. 2
highway. AS you probably know,
Turing the past year and half there
las been new bridge constructed
Icross the Two Medicine river just
Lbove the old bridge and, as con-
equence, the old bridge is now of no
Use or value in its present location.
The road department of the Blackfeet
indian reservation has now offered to
axe this bridge from Glacier county
nd use it as bridge across the Two
dedicine river several miles below its
resent location.
Held: County may transfer mate
ials in obsolete bridge to federal gov !
rnment without sale as required by !
lection 4465.9, Revised Codes Of Mon
ana, 1885, in consideration of new
ridge to be constructed by federal
overnment outside of confines of the
ounty, which new bridge will pro-
ortionately benefit inhabitants of ,
transferring county. s
Question: You ask, with reference /,
D your duties as County Commissioners
r, whether, after providing funds I'M +
er the Weed Control Act (Chapter l
95, Laws Of 1899, as amended by I,
hapter 80, Laws of 1941) you have
any further responsibilities in con-
ection with this fund.-" other than Q
warrants.
Held: Countersigning of warrants
v County Board of Commissioners I