School Dist. No. 12, Phillips County v. Hughes

This appeal is from amended findings of fact, conclusions of law and judgment of the district court, Lewis and Clark County, wherein the district court ruled sections 75-6107, 75-5811 and 75-5709, R.C.M.1947 are “not unconstitutional when construed in accordance with the preceding findings of fact.”

Two issues are presented for review:

1. Whether the last two sentences of section 75-6107 and all of sections 75-5811 and 75-5709 are in violation of Article X, Section 8, 1972 Montana Constitution?

2. Whether the same statutes violate Article VII, Section 4(2), 1972 Montana Constitution?

The fact…