North Dakota AG Opinions, 1947

OPINION 47-51 February 15, 1947 (OPINION) CORPORATIONS RE: Foreign - Sale of Stock by - Common Carrier Excepted Under Section 10-0403 Your letter of February 13, addressed to this office, has been received, with reference to the proposed sale of stock by the Midwest Motor Express, Incorporated. You inquire whether the sale of stock by this corporation would come within any of the exemptions enumerated in section 10-0403. Under subdivision 3 of said section, any security issued or guaranteed as to principal, interest, or dividends by a corporation owning or

OPINION 47-10 February 15, 1947 (OPINION) AERONAUTICS RE: Cities Negotiating for Funds with CAA You inquire whether under section 6 of Senate Bill No. 40 cities are prohibited from negotiating with the Civil Aeronautics Administration for funds and whether they are prohibited from making application for airport development without first submitting it to the State Aeronautics Commission, or whether the provisions of section 6 of said bill would begin to operate only after the negotiations and application for funds were made and funds pursuant thereto awarded to the municipality.

OPINION 47-85 February 12, 1947 (OPINION) DRAINS RE: Cost of Cleaning and Repairing - How Apportioned You have requested the opinion of this office as to the method of apportioning the levy authorized under chapter 329 of the Session Laws of 1945 for cleaning and repairing of drains. Section 61-2142 of the 1943 Revised Code, as emended by chapter 329 of the Laws of 1945, provides that "the levy in any one year for cleaning out or repairing any drain shall not exceed a maximum of fifty cents per acre on any lands in such drain district." This same section also provides that "the

OPINION 47-52 February 8, 1947 (OPINION) CORPORATIONS RE: Foreign - Sale of Stock in State This office is in receipt of your letter of February 6, enclosing a letter received by your office from Kingman, Cross, Morley, Cant & Taylor, in Minneapolis, in which you ask for an opinion from this office on the following proposition. Where a foreign corporation has made application for license to sell its stock in this state, the stock has been approved, and such license has been granted, must such a corporation also comply with the foreign corporation act under the following circumst

OPINION 47-157 February 7, 1947 (OPINION) INTOXICATING LIQUOR RE: Stamp Tax - Credit to General Fund This will acknowledge receipt of your letter addressed to the attorney general's office under date of February 6, 1947, relative to section 5-0309 of the 1943 Revised Code. The question you ask is whether or not under the provisions of said statute it is incumbent upon the state treasurer annually on the first day of July to credit the general fund of the state with the sum of $19,637.50 from the money received from the sale of stamps representing the excise tax provided for in

OPINION 47-182 February 6, 1947 (OPINION) MOTOR VEHICLES RE: Drunken Driving - Blood Tests This will acknowledge the receipt of your letter under date of February 3, 1947, in which you say: Recently in Sargent County four persons came to their deaths due to an automobile collision where two automobiles collided. The drivers of the automobiles that were involved in the accident were placed in a hospital and were unconscious when placed in the hospital and remained in that condition for some time. The Sheriff of Sargent County requested the hospital authorities to take a blood

OPINION 47-209 January 29, 1947 (OPINION) SCHOOL DISTRICTS RE: Special School Districts - How Established Your letter of January 11 addressed to this office was received, but owing to the rush of work in connection with the Legislature we have been unable to give it our attention until now. You refer to an act of the territorial Legislature approved March 13, 1885, which created Brightwood Independent School District No. 1 consisting of 22 sections of land in Richland County. Later and in 1913 an act was passed increasing the debt limit of the district. This act, however, was

OPINION 47-60 January 27, 1947 (OPINION) COUNTIES RE: County Commissioners Must Maintain Legal Residence in District for Which Elected This is in reply to your letter of January 21, 1947, in which you say: Could a county commissioner live across the border of his respective county and still serve his full term as county commissioner. For instance, could I live in Streeter two miles from Logan County border, and serve my people as county commissioner. In fact I would be more in the middle of my county in Streeter as I am in Gackle. Gackle is located at the end of Logan Cou

OPINION 47-17 January 24, 1947 (OPINION) BANK OF NORTH DAKOTA RE: Not Authorized to Function as Trust Co. This will acknowledge the receipt of your letter of January 21, 1947, in which you submit the following question: Does the Bank of North Dakota have trust powers so that it may act as trustee in a mortgage pledging the equipment and property included in a garbage disposal system, financed under chapter 40-34 of the 1943 Revised Code?" Under date of October 7, 1944, the then attorney general, Alvin C. Strutz, in an opinion written by Assistant Attorney P. O. Sathre, at the

OPINION 47-170 January 21, 1947 (OPINION) LEGISLATION RE: Form of Bills You inquire whether or not chapter 266 of the 1945 Session Laws, amending section 46-0306 of the 1943 Revised Code, has any application to a bill or law as finally passed by the house and senate. Chapter 266 of the 1945 Session Laws contains the following language: If the bill amends a present statute, the portion thereof constituting the amendment or amendments shall be set in italic type and shall be indicated for the guidance of the printer by underscoring in the typewritten copy delivered to him. A

OPINION 47-162 January 15, 1947 (OPINION) INTOXICATING LIQUOR RE: Commissioners Authority to Issue License Your letter of January 10 has been received with reference to the issuance of a liquor license in an unincorporated village. Under Section 5-0208 of the 1943 Revised Code, the board of county commissioners of each county has the power to issue licenses for the sale of beer in territory outside of incorporated cities and villages. They have the power and authority to issue licenses for the sale of hard liquor in unorganized territory or a place other than within the incor

OPINION 47-103 January 13, 1947 (OPINION) EDUCATION RE: County Superintendent Qualifications This is in reply to your letter of January 9, relative to a situation in Adams County. It appears that Alvina M. Cook, county superintendent at the time, received a sufficient number of "write-in votes" to entitle her to a certificate of election, but she has declined to qualify. The county commissioners considered the appointment of a county superintendent on December 26, but were unable to find any person with the qualifications required by law who would accept the office. Now Ma