Montana Attorney General Opinion 15-124

Opinion No. 124 Anhitects-Ct·eamet·ies-License-Fees. HELD: Architects doing n business of O\'el' $15,000 per year must pny the license required by Section 2441, It. C. M. 1021. Creameries nre required to pay li- cense fees required b~' Chapter 93, Laws of 1H2\), 1\:[nl'ch 24, 11.)33, You haye submitted the question whether n license fee should be c. '\- lectell from al'chite( ts, Section 2441 H. C, M, 1921 provides: ;'];;\'ery architect, builder, contractor, or Illnnufacturer doing a business of mOl'e than, $15,000 per year, must pay a license of $10,00 pel' quarter", Since nrchitects nre expressly named in the nhO\'e nallled section, and this section has not heen repealed, and I find no decision of the Supreme Court to the contrnry, I see no reason why It license should not be collected from an nl'chitect doing a business of more thnn $15,000 per year, You have submitted a letter from the county treasurer of Yellowstone Coun- ty pertaining to the licenSing of cream- eries, and rC(Juest my opinion as to whether or not creamelies come within the provisions of the aboye statute, Chapter 93, Laws of 1929, provides for the collection of a license from per- sons operating or carrying on any creamery, butter factory, cheese fac- tory or ice cream factory. In view of this subsequent legislation dealing with the subject, I am of the opinion that it was not the intention of the legislature to collect a double license from cream- elies and that it was their intention that creameries should not be required to pay a license fee as provided under Section 2441. Opinion No. 124-A Schools- Trustees- !Elections-Candi- dates. HELD: The selection of a school tmstee may not be restricted to candi- dntes fl'{))u 11 particular diyision of the llistTict to the exclusion of other can- didates from other parts of the same district. March 25, 1933. You state that a question has arisen in regard to the election of trustees in one of your rural school districts, and you desire to know whether the selec- tion of a trustee may be restlicted to a \la rticula r £Ii \'ision of the district to the exclusion of other candidates in other Jla rts of the same district. This particular question has not been decided hy the Supreme Court of Mon- tana but a similar provision in the laws of Colorado has been passed on by the Supreme Court of that state in the case of Littlejohn v. People, 121 Pac. I5!)' In that case the Supreme Court of Colorado was paSsing on the con- stitutionality of the following statu- tory IH'O\'ision of the laws of Wat state: "That in districts of the first and second class, any person who may de- sire to he a candidate for the office of school (1irector, shall file a written