Montana Attorney General Opinion 15-150

Opinion No. 150 State FOl'estel'-Fil'e Wanlens-Oath of Office, HELD: The State F{)rester, his as- sistants and the ex-Officio fire ward- ens may administer oaths of office to voluntecr fire wardens. April 12, 1933. In reply to your lctter of :\Iarch 23 concerning the necessity of the admin- istration of an oath to volunteer fire wardens, would advise you as follows: You ha\'e noted Article XIX, Sec- tion 1 of the State Constitution, which requires that all executive officers should take an oath, and Section 463 R. C. M. 1921 providing that every executh'e officer may administer oaths. In order to be safe let us say that the deputy fire wardens are pub- lic officers. If they are such officers and all oath is required, then certainly the State Forester, his assistants and the ex-officio fire wardens may admin- ister the oath. Therefore, we conclude that a visit to a notary public is not necessary. Certainly it is not neces- sary for state offiPers who have al- ready taken the constitutional oath to take it again in this connection. If all volunteer fire wardens take the oath at the time they are appoint- ed certainly the law will ha ve beell complied with. If the same rule is ap- plied to all persons who become ex-of- ficio fire wardens, certainly there ean be no question as to the oath or their authority ill that respect. It may be that this is an unnecessary precaution, at least as to certain of the officers. Opinion No, 152 Relief-Pool'-TI'ansfel' of Funds- Emel'gency POOl' Relief----Gilver- nor's Pl'Oclamation, HELD: Funds may be transferred upon Governor's proclamation for re- lief of poor. as pro\'ided in Chapter 43, Laws of 1933, to other than poor fund if used for poor relief. April 12, 1933. You have requested my opinion in connection with Chapter 43, Laws of 10:3::>. The Goyernor has issued a proc- lamation authorizing the board of county commissioners to transfer to the poor fund, money for the purposc of relief in the emergency. The com- missioners desire to use a part of this money for buying tools and implements and other things required for work on the highway. In other words, they de- >.;re to have a part of the money placed in the road fund. As the vroclamation is <IrawlI, which specifically pro\'ides that the money be trahsferred to the poor fund, I am of the opinion that it is not broad enough to permit transfer of one-half of the money into the road fund. The ques- tion arises whether or not the Govern- or may make a proclamation broad