Montana Attorney General Opinion 16-241

Opinion No. 241. Counties-Poor-Citizenship-County Commissioners. HELD: A Canadian citizen who has declared his intention to become a citizen of the United States, but who has not yet received final papers is not ineligible to receive county re- lief. Mr. H. H. Hullinger County Attorney Conrad, Montana January 30, 1936. In your letter of January 7 you state that the Commissioners of Pon- dera county have received an appli- cation for relief for a Canadian citi- zen who has declared his intention to become a citizen of the United States but has not yet received his final papers, and you ask wh.ether, under suoh circumstances, he IS en- titled to receive relief from Pondera county. The subject generally is covered by Chapter 12 of Part IV of the Political Code, 1921, and amendatory acts, by Section 4465, as amended by Chapter 100 Laws of 1931, enumerating the pO\~ers of County Commissioners and by the Old Age Pension Act, Chapter 170, Laws of 1935. The man you mention is not eligible for an old age pension (Subdivision 3 Section 3 Chapter 170, Laws of 1935). Subdi~isions 5 and 6 of Section 4465 R. C. M. 1921, as amended by Chapter 100, Laws of 1931, grant to the Board of County Commissioners general powers to care for the poor. Chapter 19 oj the Se~sion Law~ of 1933-34 provide certam regulations governing applications for relief; the only requirements are that the ap- plicant must have been a resident of the county for one year immediately preceding the day upon which ~ppli­ cation is made, and he must faclhtate investigation of his financial condi- tion in the manner set forth in Sec- tion 1 of said Chapter 19. Section 3 of said Chapter provides that persons who have not been resident of a coun- ty one year may be furnished relief by the Commissioners in. ca~es of ex- treme necessity and destitutIon. Nowhere in the acts mentioned, ex- cept the Old Age Pension Act, a~­ pears any requirement that an apph- cant for relief be a citizen of the United States. We see no reason or justification for iI?plyin.g .such a :e- quirement. Accordmgly, It IS our opm- ion that the man mentioned in your letter is not ineligible to receive re- lief by reason of his being a Canadian citizen. Of course, if the man is an alien unlawfully in the country, a ques- tion is raised under the Federal Im- migration Laws, which is not here presented.