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STATE v. MONTANA STATE DEPT. OF PUBLIC WELFARE

No. 10106.

347 P.2d 727 (1959)

STATE of Montana, on Rel. of the Executive Committee of the Joint Negotiating Committee of the INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, an unincorporated association, Ernest Salvas, Chairman, Maurice Powers, secretary, and Barney Rask, Ray Graham, Mike Tursich and Tom Dickson, members thereof; and William Gatley, as an individual, Relators and Respondents, v. MONTANA STATE DEPARTMENT OF PUBLIC WELFARE, DR. M.F. Keller, M.W. Edwards, Mrs. Ray Nelson, Mrs. Dan Williams and H.A. Tibbals, as Members thereof and W.J. Fouse, as State Administrator of Public Welfare, Respondents and Appellants.

Supreme Court of Montana.

December 18, 1959.

Attorney(s) appearing for the Case

Thomas H. Mahan, Sp. Asst. Atty. Gen., for appellants.

Thomas H. Mahan, Sp. Asst. Atty. Gen., argued orally for appellants.

Thomas C. Malee, William A. Brolin, Anaconda, for respondents.

Thomas C. Malee, Anaconda, argued orally for respondents.

ADAIR, Justice.

In 1937, the Twenty-fifth Legislative Assembly of Montana enacted this state's Public Welfare Act, effective from and after July 1, 1937, being Chapter 82 of the Session Laws of 1937, now sections 71-201 to 71-904, inclusive, Revised Codes of Montana of 1947.

Section III, of Part II of Chapter 82, Laws of 1937, now section 71-305, R.C.M. 1947, reads:

"Section III. Equal consideration. "Persons eligible for and in need...

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