Haman v. State

specially concurs.

While I agree with the result of the Court’s opinion and with what is expressed therein, I am not persuaded that the statutory basis which supports the State’s position is clearly enough set forth. I submit that the provisions of § 23-5-152(3), MCA, as regards licensing are dispositive.

Montana law requires that:

In the construction of a statute, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars,…