Montana Attorney General Opinion 15-266

Opinion No. 266 State Highway Commission-Claims -Actions-Transcript, Cost of. HELD: Where the funds of the State Highway Commission would be .the chief beneficiary of any judl:o'l.llent rendered in an action brought by the State of l\fontana, a claim for preparing a tran- script on appeal in such cases is prop-- erly chargeable against such funds. 186 OPIXIOXS OF THE ATTORNEY GENERAL July 6, 1933. "Te acknowledge receipt of yours of June 30, sulmlitting a bill of $214.20 filed by Joseph Y. Flaherty, Court Re- porter of SU"er Bow County for pre- paring transclipt in the case of Stand· ard Oil Company of California v. Idaho Community Oil Company in which the State of Montana is Intervenor, and requesting an opinioll as to whether or not you may legally pay such claim. This action was instituted during the administration of Mr. Foot, our prede- cessor, and the claim approved by his Chief Deputy, Mr. Ketter. There is no specific sta.tutory provi- sion placing the duty to pay such claim upon your department. but your depart- ment would be the Chief beneficiary of an~' judgment rendered by the court in favor of the state. In such matters it has been the practice of ·the Board of Examiners to direct the payment by that department or division of the state government most interested in the suc- cess of the particular action. "Te are of the opinion that the claim is a legal obligation of the state and that you are authorized to pay the same after its approval by the Board of Ex- aminers.