North Dakota AG Opinions, 1951

OPINION 51-25 March 20, 1951 (OPINION) COUNTIES RE: Auditor Must Call Assessors' Meetings Annually You have inquired by letter under date of March 20, 1951, whether or not county auditors are required by the North Dakota statutes to call and hold assessor's meetings every year. Your question is very definitely answered by section 57-0231 of N.D.R.C. 1943. The part of that section pertinent to your question reads as follows: "On or before the second Wednesday in April of each year, on previous notice by mail given by the county auditor to each assessor in the county, all such

OPINION 51-149 March 12, 1951 (OPINION) SCHOOLS RE: Reorganization Your letter of February 28, 1951, addressed to the Attorney General, has been received. You request an opinion from this office regarding the school reorganization act of 1947 in connection with West Central School District No. 2 of Towner County. It is the opinion of this office that the County Auditor and the County Treasurer of Towner County and the school officers of all school districts which become a part of the West Central School District No. 2 in Towner County as a result of the election called to vo

OPINION 51-150 March 9, 1951 (OPINION) SCHOOLS RE: Reorganization We have before us a letter written to you by Mattie Backen, County Superintendent of Schools, Wells County, which involves the construction of section 15-2309 and incidentally calls for a comparison between that section and section 15-2308. It is our opinion that under section 15-2309 the county commissioners of a county in this state upon receipt by them of a petition signed by at least two-thirds of the school electors residing within the confines of a proposed district to be made up of two or more school dist

OPINION 51-104 March 9, 1951 (OPINION) MILITARY RE: Civil Defense Your letter of March 7, 1951, attaching a communication from Millard Caldwell to the Governor of North Dakota has been received. Answering the same will say that there is no legislation upon our statute books at this time under which the Governor of the State of North Dakota can legally pay into the United States Treasury in trust advance sums to be used in payment of any share of the cost of defense equipment or supplies. Nor are there any funds available to the Governor which he can use to reimburse the feder

OPINION 51-168 March 6, 1951 (OPINION) TAXATION RE: Buildings of Cooperatives Yours of March 1st re taxation of Cass County Electric Cooperative of Kindred, North Dakota, has been received. We are not certain, but will assume that this is an electric cooperative association organized under the provisions of chapter 10-13 N.D.R.C. Section 10-1327 provides for an excise tax in the nature of a fee paid to the secretary of state, and further provides that the corporation "shall be exempt from all other excise taxes except as provided in chapter 33 of the title Taxation." This ex

OPINION 51-53 March 5, 1951 (OPINION) DRAINS RE: Method of Finance Your letter under date of February 27, 1951, addressed to the Office of the Attorney General, has been received. I assume that the cost of cleaning and repairing the drain referred to in your letter exceeds the amount produced by the maximum levy of fifty cents an acre prescribed by section 61-21425 of the 1949 Supplement to the Revised Code of 1943 plus an accumulated fund in an amount produced by such maximum levy for one year. I assume further that the Board of County Commissioners were petitioned by the ow

OPINION 51-178 March 3, 1951 (OPINION) TAXATION RE: Fuel Tax - Dealer Not Entitled to Commission for Collection We have your request for an opinion as to whether or not a dealer as defined in Senate Bill 104 is entitled to 1º% commission for collecting the tax provided for in said bill. We call your attention to section 2 of said bill as amended, which reads in part as follows: There is hereby imposed a tax of one cent per gallon on all sales of motor vehicle fuel sold in this state. The tax imposed by this section shall be separate and apart from and in addition to all othe

OPINION 51-15 March 2, 1951 (OPINION) CITIES RE: Funds Must be Used for Purpose Raised You have asked the opinion of this office upon the question of whether or not the city may borrow from a fund created for the building of a city auditorium, to augment the city's fund for building a sewage disposal plant. We understand that the auditorium fund was created by a sale of municipal bonds authorized by chapter 21-03 N.D.R.C. 1943. Section 21-0228 provides in part as follows: "all borrowed money shall be paid into the treasury of the municipality borrowing it, shall be kept ther

OPINION 51-136 March 2, 1951 (OPINION) PRINTING RE: Qualifications to Publish Legal Notices Your letter of February 23, 1951, addressed to Mr. L. C. Miller, state printer, has been referred to this office with a request for an opinion. The questions involved are: In the event a newspaper discontinues publication for one or more weeks, does the newspaper retain its qualifications to do legal work? If the newspaper retains it qualifications, what effect does the temporary suspension of publication have on legal notices that are in the process of publication at the time of th

OPINION 51-64 March 1, 1951 (OPINION) FEES RE: No Charge by County Court If No Taxable Estate Yours of the twenty-fourth of February has been referred to my desk. As I understand it, your question is whether or not your office should charge a fee of any kind for proceedings had as prescribed by section 57-3717 and section 57-3718 when it appears that there is no taxable estate involved. There is no fee prescribed by chapter 57-37 for these proceedings. In ordinary cases the proceedings prescribed by section 57-3717 would in fact be preliminary to and part of an administration f

OPINION 51-17 February 27, 1951 (OPINION) CITIES RE: Issuance of Bond for Combined Office In connection with the issuance of a bond for the combined office of City Treasurer and Ex-officio City Auditor of the City of Devils Lake, North Dakota, which is a city operated under the city commission form of government, it is our opinion that section 40-1505 of the 1943 Revised Code is legislative authority for combining the office of City Treasurer and City Auditor under such commission form of government. If the Board of City Commissioners has, by a majority vote, dispensed with an

OPINION 51-119 February 27, 1951 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Electricians - Personal Supervision by Licensed Electrician You have asked this office for an opinion on the question of the meaning of "personal supervision" as used in section 43 0918 of the Revised Code of 1943 which section reads as follows: "Apprentice to Master Electrician. Any person may serve as an apprentice under a licensed electrician, but a master electrician shall not allow an apprentice to work on any installation without personal supervision of a licensed electrician." From conversation

OPINION 51-21 February 23, 1951 (OPINION) CITIES RE: Use of Park District Funds Your letter of February twenty-first addressed to the Attorney General has been received. In this letter you ask for an opinion as to whether or not the park district of the city of Crosby owning a park four and one-half miles from the city has the right to use park funds for the improvement of the highway between the city and the park. We assume that Crosby is incorporated as a city and for that reason, under the provisions of section 40-4912, subdivision 1, the city is not affected by the one m

OPINION 51-79 February 9, 1951 (OPINION) HIGHWAYS RE: Duty of Party Discovering an Injured Person on Highway In your letter to this office of January 31, 1951, you ask a question in behalf of Mr. I. J. Iverson of Fairdale, North Dakota, with respect to the duties of a party discovering an injured person upon the highway. I call to your attention the case of the Owl Drug Company v. Crandall, 120 A.L.R. at page 1523. There it is held, and with numerous authorities from a great number of jurisdictions, that "One who, being under no duty to do so, takes charge of another who is

OPINION 51-206 February 9, 1951 (OPINION) WELFARE RE: Burial Your letter of January 26, 1951 has been received. You would like to have our opinion as to the meaning of section 50-0734, relating to burial of old age assistance clients. In your letter you tell me that it is the practice of certain welfare boards to prohibit additional payments by relatives and friends of the deceased, taking the attitude that the law requires them to do so, as their claim is that the law sets a limit on total burial expense allowable. You add that you were a member of the legislature when th

OPINION 51-121 February 6, 1951 (OPINION) OFFICERS RE: Incompatibility Your letter of January 24, 1951, has been received. You would like to know if one individual may hold the office of county judge, juvenile commissioner, and justice of the peace, drawing full compensation as provided by law in the way of a salary from the county for the office of county judge, drawing in addition thereto per diem approved by the district court as juvenile commissioner, and further, drawing from the county the fees permitted to a justice of the peace. The holding of one office does not of it

OPINION 51-193 February 2, 1951 (OPINION) TOWNSHIPS RE: Easements You called at this office on January 31, 1951, and requested a written opinion as to whether or not a board of township supervisors has the legal authority to grant an easement of a road right-of-way to a private power company. You state that your township had granted a twenty-year easement to the power company to enable them to construct power lines on the right-of-way. That twenty-year easement is about to expire and consequently is up for renewal. Section 24-0703 of the North Dakota Revised Code of 1943 pr

OPINION 51-10 February 1, 1951 (OPINION) APPROPRIATIONS RE: Land Grant Institutions You ask for an opinion from the office of the Attorney General regarding appropriations for land grant institutions. You ask if under the Constitution of the State of North Dakota you can eliminate the item "less estimated income" and throw that into the general appropriation of the institutions affected. Under section 159 of the Constitution all land, money or other property donated, granted or received from the United States or any other source for a university, school of mines, reform schoo

OPINION 51-157 January 26, 1951 (OPINION) TAXATION RE: Abatement This office has received your letter of the 24th inst. requesting an opinion "as to whether an application for abatement of taxes must be made on or before November 1 in the year in which such taxes become delinquent, or whether the county commissioners may, in their discretion, abate said taxes if application is made after that date." It is our opinion that section 57-2303 N.D.R.C. 1943 fixed the jurisdiction of the board of county commissioners by providing that "the board, if application is filed on or before t

OPINION 51-180 January 25, 1951 (OPINION) TAXATION RE: Hail Tax You inquire in your letter of January 24, 1951, on behalf of the Senate Judiciary Committee: 1. Whether the commissioner of insurance can use the interest income from the hail fund for the purpose of reducing the amount of hail indemnity tax necessary to pay hail losses. 2. Whether or not the commissioner of insurance can use the surplus hail fund or any part of it to reduce hail indemnity tax necessary to pay all losses. 3. Whether or not the interest and other income of the hail fund should be added to th

OPINION 51-103 January 25, 1951 (OPINION) LEGISLATURE RE: Initiated Measure Your letter of January 23, 1951, has been received. You ask whether or not Senate Bill No. 115 requires a two-thirds majority vote for passage. You ask further whether it requires a two-thirds majority vote to pass upon or reinstate an initiated measure in its original form. I refer you to section 1-0225 of the North Dakota Revised Code of 1943, which reads as follows: CONTINUATION OF EXISTING STATUTES. The provisions of this code, so far as they are substantially the same as existing statutes, mu

January 23, 1951 (OPINION) COUNTIES RE: Purchase and Sale of County Equipment You inquire whether a county may, in advertising for the purchase of highway equipment under section 24-0504 of the North Dakota Revised Code of 1943, combine in the same advertisement and proceeding the public sale of used equipment owned by the county under Sections 11-2701 to 11-2703 of the Revised Code of 1943, thereby permitting a trade-in on the purchase of the new. You state that certain bidders have contended that the Attorney General of the state of North Dakota has heretofore given an opinion

OPINION 51-182 January 22, 1951 (OPINION) TAXATION RE: House Trailers Your letter re taxation of house trailers of the 19th inst. has been referred to my desk. You will note that section 39-0446 N.D.R.C. refers in terms only to motor vehicles. A motor vehicle is a self-propelled vehicle - that is, it moves along a highway under its own motive power. A house trailer therefore is not a motor vehicle. It is either personal or real property and taxable as such. To be assessed, it must be assessed by the assessor in the township or assessment district wherein it is located

OPINION 51-20 January 20, 1951 (OPINION) CITIES RE: Street Lighting Your letter of January 16, 1951, concerning special assessment warrants for a special street lighting system in the city of New England, has been received by this office. The city of New England has declared a special street lighting system necessary and has had the plans and specifications filed and advertised in accordance with the statutory requirements. The city has rejected all bids and has caused the work to be done directly as allowed by section 40-2227 of the North Dakota Revised Code of 1943. You wo

N.D.A.G. Ltr to Robinson (Jan. 17, 1951) OPINION January 17, 1951 Hon. Dave N. Robinson Hon. A.A. Bentz Representatives, McLean County Bismarck, North Dakota Gentlemen: I have yours of the 16th inst. requesting my opinion “as to whether it is legal for a county to hire a lobbyist to be registered for a legislative session and to use taxpayers’ money for the same.” We call your attention to the opening paragraph of Section 54-0502, “Any person, corporation, or association that, in regard to any legislative affecting the pecuniary interests of such individual, association, or corporatio

OPINION 51-18 January 17, 1951 (OPINION) CITIES RE: Liability for Acts of Firemen This is in answer to your letter of January 13, 1951. You have asked whether or not the city of Mohall is liable for the negligent actions of a city fireman. The courts have upheld the general rule that municipalities are not liable for the negligent acts of its employees or agents, therefore it is my opinion that the city of Mohall would not be liable in this instance but that the fireman is personally liable for his negligent act. Section 39-0108 provides that municipal governments may purchas

OPINION 51-150 January 17, 1951 (OPINION) SCHOOLS RE: School District is Political Subdivision We have your letter of January 17, 1951, in which you ask whether or not a school district is a political subdivision. Your question may be of some importance as its construction may affect the provisions of section 37-0125 as amended. The last quoted section provides, "All officers and employees of this state or of a political subdivision thereof," who enter the military service after they have been in the employment of the state or political subdivision for a period of ninety days

OPINION 51-20 January 15, 1951 (OPINION) CITIES RE: Publication of Proceedings Your letter of the eleventh instant asking for an interpretation of the above section has been received. This section reads as follows: "40-0812. Publication of Proceedings. The city council shall publish a complete record of all its proceedings in its official newspaper." The Legislature has used the word "shall" and not the word "may." It is our opinion that this statute is mandatory and not permissive. Therefore, it is the duty of the city council to publish "a complete record of all of it

OPINION 51-92 January 9, 1951 (OPINION) INSURANCE RE: Supervisory Powers of Commissioner This is in answer to your letter dated January sixth requesting an opinion on what supervisory powers the Commissioner of Insurance has in respect to disbursements made in the operation of a mutual insurance company, incorporated and licensed under the laws of this State. Section 26-2102 of the 1943 Revised Code provides that: The commissioner of insurance, or the attorney general representing him, may apply to the district court in and for Burleigh county for an order to show cause why t

OPINION 51-124 January 9, 1951 (OPINION) OFFICERS RE: Powers of Superintendent of Public Instruction Your request for an opinion from the Attorney General as to the extent of your powers under sections 15-21071 and 15-21072 of the 1949 Supplement, which sections are set out herein, is hereby acknowledged. "Section 15-21071. AGREEMENTS WITH FEDERAL AGENCIES AND SCHOOL DISTRICTS. The superintendent of public instruction in order to carry out the purposes of any federal statutes pertaining to public education may enter in agreements with any agency of the federal government a

OPINION 51-186 January 8, 1951 (OPINION) TAXATION RE: Sales Tax Your letter of December 29, 1950, has been received. You would like to know whether or not the members of the basketball team of Mayville Teachers College are exempt from the state sales tax on their meals purchased in your restaurant. Rule No. 17 of the North Dakota Sales Tax Rules and Regulations provides in part: The sale of meals, lunches, etc. by hotels, restaurants and other eating places, such as clubs, boarding houses and dining rooms and the like, are sales of tangible personal property to purchasers for

OPINION 51-139 January 5, 1951 (OPINION) PROPERTY RE: Pretended Title You have called to the attention of this office the fact that quit claim deeds procured from former owners of lands to which counties have taken title under tax sale proceedings are being presented to Register of Deeds for record, and are being used as a basis for a demand upon the purchasers of such land from the counties for rentals from the time of their purchase and also as a basis for actions to quiet title in the holders of such quit claim deeds. You indicate that many such purchasers of tax acquired la