(dissenting):
The state of Montana, having given the defendant organization, under authority of Chapter 142, Session Laws of Montana, 1945, for a price paid, the license and right to possess and operate such slot machines, cannot, rightfully, find the defendant organization guilty of a nuisance in possessing and operating such machines.
Section 57-104, R. C. M. 1947, directs this shall not be done. It provides: “Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.”
This is also the general law. See 46 C. J., Nuisances, sec. 40, p. 672, and 39 Am. Jur., Nuisances, sec. 204, p. 480.