920. Court to fix time for hearing contest. Upon the statement being filed, the clerk must inform the judge of the district court thereof; the judge of said court must then, by an order to be entered by the clerk, name some day, not less than ten nor more than thirty days from the date of the filing of such statement, to hear and determine such contested election. [C. L. § 3757; '97, p. 216.

921. Citation to defendant. Service. The clerk must thereupon issue a citation for the person, whose right to the office is contested, to appear at the time and place specified in the order, which citation must be delivered to the sheriff, and be served either upon the party in person, or, if he cannot be found. by leaving a copy thereof at the house where he last resided, at least five days before the time so specified. [C. L. § 3758; '97, pp. 216-17.

922. Hearing contest. Continuance on terms. The court must meet at the time and place designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn the hearing and trial from day to day until such trial is ended, and may also continue the trial, before its commencement, for any time not exceeding twenty days, for good cause shown by either party upon affidavit, at the cost of the party applying for such continuance. [C. L. § 3760; '97, p. 217.

923. Judgment confirming or annulling election. After hearing the proofs and allegations of the parties, the court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. [C. L. § 3761*; '97, p. 217.

924. Order for production of ballots. Inspection in open court. If an inspection of the ballots of any election district, or polling place in this state shall be necessary for the determination of any election contest before any court, the judge thereof may, by order, naming the district or polling place, require the proper officer to procure the same from the person in whose possession or custody the same may be, and such custodian shall deliver the same to said officer, who shall deliver them unopened to such judge. The judge shall open and inspect the same in open court in the presence of the parties or their attorneys, and immediately after such inspection, shall seal them in an envelope and return them, by mail or otherwise, to the office of the legal custodian. [97, p. 217.

925. Person having highest vote declared elected. If in any such case it appears that a person other than the one returned has the highest number of legal votes, the court must declare such person elected. [C. L. § 3762; '97. p. 217.

926. Judgment for costs. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the court confirmed, judgment for costs must be rendered against the party contesting such election, and in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose election was contested, and in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in other cases. [C. L. § 3764; '97, pp. 217-18.

927. Appeals. Execution not stayed except for costs. Either party aggrieved by the judgment may appeal therefrom to the supreme court, as in other cases of appeal thereto from the district court, but such appeal must not stay execution or proceedings, except execution for costs. [C. L. § 3765; '97. p. 218.

928. Effect of not appealing within ten days. Whenever an election is annulled or set aside by the judgment of the district court, and no appeal has been taken within ten days thereafter, the commission, if any has been issued, is void, and the office vacant. [C. L. § 3766; '97, p. 218.

TITLE 19.

EXAMINERS, STATE BOARD OF.

929. How constituted. Powers. The governor, the secretary of state, and the attorney general constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed by law, and the board shall perform such other duties as may be prescribed by law. No claim against the state, except salaries and compensation of officers fixed by law, shall be passed upon by the legislature without having been considered and acted upon by the board of examiners. ['96, pp. 114–15.

Mont. Pol. C. 3680.

Duties as to capitol grounds, ?? 144, 145. Authority of board, Con. art. 7, sec. 13.

930. Meetings. Officers. The meetings of the board shall be held at the seat of government, or at such other place in the state as the board may determine, on the third Monday in each month, and at such other times as the president may call it together. The governor shall be the president, and the secretary of state shall be the secretary of the board, and, in the absence of either, an officer pro tempore may be elected from among the members of the board. ['96, p. 115.

Mont. Pol. C. 681.

931. Records. The board must keep a record of all its proceedings, and any member may cause his dissent to the action of a majority upon any matter to be entered upon such record. An abstract of all claims must be entered upon the minutes of the board before the same are acted upon. ['97, p. 115.

Cal. Pol. C. 656. Mont. Pol. C. 682.

932. Rules. The board may, in writing, establish rules and regulations not inconsistent with law, for its government. Cal. Pol. C. 657. Mont. Pol. C. 683.

['96, p. 115.

When

933. Witnesses. The president of the board may issue subpoenas and compel the attendance of witnesses and the production of books and papers before the board or any member thereof; and any member of the board may administer oaths and may examine witnesses. In case of the disobedience of any witness, the board may invoke the aid of the district court to compel obedience. ever a witness is subpoenaed before the board to testify against any claim pending before it, the board may allow a reasonable fee to such witness for attendance, which fee must not exceed the fees allowed by law to witnesses in civil cases, and must be paid out of the appropriation for the contingent expenses of the board; provided, that in no instance shall a fee be allowed to a witness who has appeared in behalf of a claimant. ['96, p. 115*.

Cal. Pol. C. 658. Mont. Pol. C. ? 684*.

Contempt, how punished, 3272.

934. Depositions. Each member of the board may take depositions to be used before it. ['96, p. 115.

Cal. Pol. C. 659. Mont. Pol. C. 685.

935. Action on claims. Any person having a claim against the state for which an appropriation has been made, may present the same to the board, in the form of an account or petition, and the secretary of the board must date, number, and file such claim, and the board must allow or reject the same in the order of its presentation. The board may, for cause, postpone action upon a claim for not exceeding one month. ['96, p. 115.

Cal. Pol. C. 660. Mont. Pol. C. 2 686.

936. Id. Approval. If the board approves such claim, the members thereof must indorse thereon, over their signatures, approved for the sum of

dollars," and transmit the same to the office of the state auditor; and the auditor must draw his warrant for the amount so approved in favor of the claimant or his assigns, in the order in which the same was approved.

Cal. Pol. C. 661. Mont. Pol. C. 2 687.

['96, p. 116.

937. Id. Disapproval. If the board disapproves such claim, it must cause the same to be filed with the records of the board, with a statement showing such disapproval and the reasons therefor. ['96, p. 116.

Cal. Pol. C. 662. Mont. Pol. C. 688.

938. Where there is no appropriation. If no appropriation has been made for the payment of any claim presented to the board, the settlement of which is provided for by law, or, if an appropriation made has been exhausted, the board must audit the claim, and if it is approved must transmit it to the legislature with a statement of the approval. ['96, p. 116.

Cal. Pol. C. 2663. Mont. Pol. C. ? 689.

939. Claims not otherwise provided for. Any person having a claim against the state, the settlement of which is not otherwise provided for by law, must present the same to the board of examiners, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions. ['96, p. 116.

Cal. Pol. C. 2664*. Mont. Pol. C. 690*.

940. Id. Meeting to consider. On the first Monday in November preceding the meeting of each legislature, the board must hold a session for the purpose of examining the class of claims referred to in the preceding section, and may adjourn from time to time until the work is completed. The board must cause a list and brief abstract of all claims filed with it up to that date, to be made and published in some newspaper at the seat of government for such time as the board may prescribe. The list must be accompanied by a general notice of the order in which and of the time when the board will proceed to examine the claims. ['96, p. 116.

Cal. Pol. C. 665. Mont. Pol. C. 691.

941. Id. Hearing report. The board must, at the time designated, proceed to examine and adjust all such claims, and may hear evidence in support of or against them, and shall report to the legislature such facts and recommendations concerning them as it may think proper. In making its recommendations the board may state and use any official or personal knowledge which any member of the board may have touching such claims. ['96, p. 116.

Cal. Pol. C. 2 666.

Mont. Pol. C. 2 692.

942. Id. The board must make up its report and recommendations at least thirty days before the meeting of the legislature; and a brief abstract of the report, showing the claims rejected, and those allowed and the amounts thereof, must be published in a newspaper published at the seat of government, for such time as the board may prescribe, before the meeting of the legislature. ['96, p.

117.

Cal. Pol. C. 667. Mont. Pol. C. 2 693.

943. Member not to be interested in claim. No member of the board shall act upon any claim in which he is interested, or upon any claim for expenditures incurred in his office, nor shall he be present when the decision thereon is made. ['96, p. 117.

Cal. Pol. C. 668. Mont. Pol. C. 694.

944. Claims submitted third time. The board shall not entertain for a third time, a demand against the state once rejected by it or by the legislature, unless such facts or reasons are presented to the board as in suits between individuals would furnish sufficient ground for granting a new trial. ['96, p. 117. Cal. Pol. C. 670*. Mont. Pol. C. ? 695.

945. Appeal to legislature. Any person interested who is aggrieved by the disapproval of a claim by the board, may appeal from its decision to the legislature by filing with the board a notice thereof, and, upon the receipt of such notice, the board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the legislature. ['96, p. 117.

Cal. Pol. C. 671. Mont. Pol. C. ? 696.

946. Auditor's duty respecting claims. The state auditor shall not draw his warrant for any claim, unless it has been approved by the board, except for salaries or compensation of officers fixed by law, or for moneys expressly appropriated by law. ['96, p. 117.

Cal. Pol. C. 3 672. Mont. Pol. C. 2 697*.

947. Illegal warrant. Whenever the board has reason to believe that the state auditor has drawn, or is about to draw, his warrant without authority of law, or for a larger amount than the state actually owes, the board must notify the state treasurer not to pay the warrant so drawn or to be drawn; and thereupon the treasurer is prohibited from paying the warrant, whether actually drawn or not, until he is otherwise directed by the legislature or by the board. p. 117.

Cal. Pol. C. 674. Mont. Pol. C. 698.

['96,

948. Board to audit books and accounts. As often as it may deem proper, the board shall audit the books and accounts of any or all state officers and state institutions, and count the money in the state treasury; and it may, at any time, direct the bank examiner to audit and examine the books and accounts of any such officers or institutions. The state auditor and other state officials and the officers of state institutions, must permit the examination and auditing of the books and accounts in their respective offices at such times as the board of examiners shall deem proper, and shall furnish without delay any required information touching the books, papers, vouchers, or other matters pertaining to their respective offices; and the state treasurer must permit the money in the treasury, without delay on any pretense whatever, to be counted whenever the board wishes to make an examination or count. ['96, pp. 117-18*.

Cal. Pol. C. 675. Mont. Pol. C. ? 699*.

949. Public statement of money in treasury. The board must, at least twice in each year, make and file in the office of the secretary of state, and publish in some newspaper published at the seat of government, a statement showing the amount of money in the state treasury. ['96, p. 118.

Cal. Pol. C. 677. Mont. Pol. C. 700.

Examination of treasurer's books, etc., ?? 2436, 2437.

BOARD OF SUPPLIES.

950. Who constitute. The board of examiners is also a board of supplies and furnishing board. ['96, p. 118.

Cal. Deering, vol. I, p. 183. Mont. Pol. C. 2 703.

951. Duties. It is the duty of such board:

1. To contract for the furnishing of all stationery, printing, binding, paper, fuel, lights, and other necessary supplies to be used by the legislature and all other departments of the government, and for the printing, binding, and distributing of the laws, codes, journals, department reports, reports of decisions of the supreme court, and all other state printing, and for the binding and repairing of any books used by any state officer or department.

2. To hire all offices for the state officers, to furnish the same, and to keep the furniture in repair; and to hire and furnish halls and rooms for the use of the legislature, to provide furniture therefor, and to keep the same in repair.

3. To cause to be deposited in the office of the secretary of state all station

ery, books, and other articles and supplies furnished and on hand, and to issue to any officer a requisition on the secretary of state, for any books, stationery, or other supplies needed by such officer.

4. At the end of each fiscal year, and at such other times as the board thinks proper, to cause an inventory to be taken of all articles and supplies on hand and contracted for, and to make an examination of all accounts and vouchers for such supplies.

5. To establish rules for the government of the board in relation to all contracts, not inconsistent with law. ['96, p. 118.

Cal. Deering, vol. I, p. 183. Mont. Pol. C. ¿ 704.

952. Must advertise for bids. Before any contract is let, the board must advertise for twenty days, in two daily newspapers printed in the state, one of which must be published at the seat of government, for sealed proposals to furnish any or all the supplies mentioned in the next preceding section; provided, that such advertisement need not be made where the amount to be expended for such supplies shall be less than two hundred dollars. ['96, p. 119.

Cal. Deering, vol. I, p. 183. Mont. Pol. C. 705*.

953. Id. The board must specify in the advertisement the amount and kind of each article required. ['96, p. 119.

Cal. Deering, vol. I, p. 183*. Mont. Pol. C. § 706.

954. Bids. Opening. A sample and a minute description of each article must accompany and be deposited with each proposal, and proposals received must be directed to the board, and opened and compared by it at its office at twelve o'clock, noon, of the day specified in the advertisement; and the board must award the contract for furnishing such supplies, or any of them, to the lowest responsible bidder. ['96, p. 119.

Cal. Deering, vol. I, p. 183*. Mont. Pol. C. ¿ 706–7.

955. Id. Check to accompany bid. Bond. Each bid must be accompanied by a certified check equal to ten per cent of the amount of the bid, to be held upon the condition that upon the award of said contract to him, the bidder will faithfully and promptly execute a good and sufficient bond, payable to the state, with two sureties to be approved by said board, conditioned for the faithful performance of the contract, and for the delivery of the supplies for which he has contracted, under such rules and regulations as the board may prescribe. ['96, p. 119.

Cal. Deering, vol. I, p. 183*. Mont. Pol. C. 2 708.

956. Classified bids. Rejection. The board may, in the advertisement, classify the supplies and articles to be furnished, and may receive bids, and award contracts for such separate class of supplies, or such separate articles, as it considers the lowest and best bid. The board may require any class of supplies or separate articles thereof to be delivered in instalments. Any and all bids may be rejected, and the board may advertise again. ['96, p. 119.

Cal. Deering, vol. I, p. 183*. Mont. Pol. C. 2709.

957. Legislative supplies. The board must, at least one month before the meeting of the legislature, advertise as provided in the preceding sections, for repairing and furnishing the halls and rooms, and for stationery, fuel, light, and such other supplies as are necessary for the members of the legislature at the ensuing session; and at the commencement of each session thereof, the board must report to the legislature an account of the supplies, of the expenditures for the same, and of the stock on hand. ['96, pp. 119–20.

Cal. Deering, vol. I, p. 184*. Mont. Pol. C. ? 711.

958. Selling unnecessary material. When deemed advisable by the board, it may sell any old furniture or other material belonging to the state and not required for state purposes, and pay the proceeds thereof into the state treasury to the credit of the general fund.

Sup. Cal. C. (1893) p. 32.