Montana Attorney General Opinion 17-155

Opinion No. 155. Bounty Claims-Livestock Commis- sion-Duties of-Inspection Fees of County Clerk. HELD: The statutes do not confer authority upon the Livestock Commis- sion to disapprove claims of County Clerk for bounty inspection of hides. Mr. Paul Raftery Secretary, September 9, 1937. Montana Livestock Commission The Capitol Dear Mr. Raftery: You have called attention to certain illegal bounty claims filed in Hill Coun- ty, during the year 1936. In some of these claims it has been admitted that the claimants had presented claims for gopher hides instead of coyote hides. You have raised the question whether or not the livestock commission has authority to disapprove the claim of the county clerk in cases where the original claim for bounty has been dis- approved. The claim of the county clerk is based on Section 3417.6, R. C. M., 1935 which provides 5¢ for the scalps of wolves and coyotes examined by him. Section 3417.8 provides as follows: "It shall be the duty of the live- stock commission to examine into OPI:\IO~S OF THE ATTORNEY GEXERAL 177 and investigate every such bounty claim and certificate filed with such commission, and in making such ex- amination and investigation, the com- mission may require the holder of any such certificate or claim to furnish the commission with such additional evidence or proof with reference thereto as the commission may deem necessary and proper, and such evi- dence may be either oral or docu- mentary as required by the commis- sion. The livestock commission shall, after making such examination and investigation, indorse on such cer- tificate or claim its approval or dis- approval thereof, and if the same or any part thereof be disapproved, such indorsement shaH state the reasons for such disapproval. If any such cer- tificate or claim be disapproved by the commission, either in whole or in part, the commission shan immedi- ately notify the holder thereof of the action of the commission and of the reasons therefor, and the date when said certificate or claim will be pre- sented to the state board of examin- ers for its action thereon." The "certificate or claim" therein mentioned refers ·to the certil1cate or claim of the person who claims the bounty. I do not find any provision which makes it the duty of the live- stock commission to approve or dis- approve of the claim of the county clerk. In the absence of such provision there would be no such duty imposed upon the livestock commission.