¶1 On Motion for Rehearing.
¶2 delivered tbe opinion of tbe court.
¶3 On motion for a rebearing tbe attorney general complains of the court’s decision because of its failure to adhere to record facts. He points out that a referee was by this court appointed to settle a bill of exceptions in this case, and that as shown by tbe report of tbe referee, certain evidence was presented to him, not contained in tbe bill of exceptions as settled by tbe court. Such evidence constitutes no part of tbe record, and cannot be by us considered, since tbe referee’s report, recommending tbe acceptance of the record which bad been theretofore regularly certified by tbe trial court as true and correct, was by this court adopted.
¶4 This court must decide every case on tbe transcript certified by tbe trial court to be correct, and it cannot consider matters not shown by tbe record. Our rules for amendment of transcripts before decision are liberal, and there is no excuse for failure to present a proper record. Manifestly, it is too late on motion for a rehearing to present for consideration a different record from that considered in disposing of tbe case by written opinion on appeal. Tbe practice is settled. (Griffith v. Montana W. G. Assn., 75 Mont. 466, 244 Pac. 277.)
¶5 It appearing that there is no merit in tbe attorney general’s position, the motion for a rehearing is denied.