North Dakota AG Opinions, 1965

OPINION 65-436 March 12, 1965 (OPINION) Mr. Albert A. Wolf, State's Attorney Burleigh County RE: Townships - Elections - Compensation of Judges This is in reply to your letter of March 9, 1965, requesting an opinion of this office in regard to whether a township board has authority to pay election judges for serving pursuant to the provisions of chapter 58-04 of the North Dakota Century Code. The only statutory provision we note for compensation of election judges is section 16-10-16 of the North Dakota Century Code which provides: COMPENSATION OF INSPECTOR, JUDGES, AND CLERKS

OPINION 65-113 March 11, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Funds - Buildings In your letter of March 11, 1965, you requested an opinion on the following question: Can the State Highway Department participate in the cost of construction of certain defense buildings, such participation not to exceed $10,000, for the purpose of enlarging them, without violating section 24-02-39 of the North Dakota Century Code?" In addition, you pointed out that the purpose of these buildings was for the storage of certain maintenance equipment which would b

OPINION 65-325 March 5, 1965 (OPINION) Mr. Fred P. Brandt, Director Economic Development Commission RE: State planning agency - Indians - Representation In your letter to this office dated February 25, 1965, you request an opinion as to "whether the Economic Development Commission State Planning Agency, may (under provisions of Section 54-34.1 (NDCC)) advise, consult, coordinate, assist and contract with or on behalf of an Indian tribal planning committee in developing and harmonizing the planning activities of this state." Section 54-34.1-03 of the 1963 Supplement to the North

OPINION 65-181 February 27, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Motor Vehicles - Operators Licenses - Exemptions This is in reply to your letter inquiring as to requirements for obtaining drivers' licenses in the state of North Dakota by individuals who have resided here by reason of their employment. You call our attention to section 39-06-02 of the 1963 Supplement to the North Dakota Century Code and more particularly subsection 5 thereof which provides: "WHAT PERSONS ARE EXEMPT FROM LICENSE. - The following persons are exempt from lic

OPINION 65-458 February 18, 1965 (OPINION) Mr. Ronald G. Splitt State's Attorney Lamoure County RE: Veterans' Memorial Levy - Transfer to General Fund - Memorial This is in reply to your letter in regard to Veterans' Memorials. You inform us that as of April 4, 1956, your county commissioners created a veterans' memorial levy. Various expenditures were apparently made from this fund for suitable memorials. There had been no activity with regard to same for several years so on December 1, 1964, the county commissioners adopted and passed a resolution transferring unexpended

OPINION 65-19 February 10, 1965 (OPINION) The Honorable William L. Guy Governor RE: Bank of North Dakota - Industrial Commission - Appointment of Re This is in reply to your letter of February 5, 1965, in which you request our opinion on the following matter: "Subject to such refinements as may be necessary, do you think the Industrial Commission can designate a special representative, on a special assignment basis, as a representative of the Bank of North Dakota charged with implementing the efforts of the Economic Development Commission, the Bank of North Dakota, and/or loca

OPINION 65-107 February 9, 1965 (OPINION) Honorable Oscar J. Sorlie State Senator RE: Higher Education - Appropriations - Transfer The Appropriations Committee of the Thirty-ninth Legislative Assembly has requested the official opinion of this office relative to the power of the Board of Higher Education to transfer funds for an institution of higher learning from one line item of an appropriation to another line item of an appropriation for a given institution. In accordance with a Memorandum issued by this office on February 5, 1965, a copy of which is attached hereto, we bel

OPINION 65-202 February 8, 1965 (OPINION) Mr. Arne Dahl, Commissioner Department of Agriculture and Labor RE: Narcotics - Marihuana - Legality of Growing In your letter to this office, dated February 3, 1965, you say: "We have received an inquiry from Charles J. Klick, Acting District Supervisor, Bureau of Narcotics, Minneapolis, regarding the growing of marihuana. They have an application from the Peter J. Schweitzer Division of the Kimberly-Clark Corporation, Windom, Minnesota, to grow marihuana in the state of North Dakota for the manufacture of paper. "This was referred

OPINION 65-449 February 5, 1965 (OPINION) The Honorable Walter Christensen State Treasurer RE: Unsatisfied Judgment Fund - Administrator - Attorney General This is in response to your letter in which you ask who is administrator of the Unsatisfied Judgment Fund and by whom is he appointed. Your further inquire as to the duties of the offices of State Treasurer and the Attorney General in relation to said fund. The Unsatisfied Judgment Fund came into being upon the enactment of chapter 274 of the 1947 Session Laws, (now chapter 39-17 of the North Dakota Century Code). Becaus

OPINION 65-97 January 22, 1965 (OPINION) Mr. Fred E. Sorenson Secretary Grand Forks Firemen's Relief Association RE: Firemen - Relief Association - Pension This is in response to your letter in which you ask for an opinion on the construction of section 18-05-06 of the North Dakota Century Code with reference to the following facts: A member of the Grand Forks Fire Department Relief Association has been a member of the Grand Forks Fire Department Relief Association for twenty years and a member of the association for ten years. The question is can he retire from the fire de

OPINION 65-99 January 18, 1965 (OPINION) Mr. Russell W. Stuart Commissioner Game and Fish Department RE: Game and Fish - Game Management Areas in Lieu Payments We acknowledge receipt of your request for an opinion as to the application of chapter 57-02.1 to game management areas under license from the corps of engineers and the bureau of reclamation. Chapter 57-02.1 authorizes payments to the counties by the state game and fish department in lieu of real estate taxes. Before such payments can be made, section 57-02.1-02 requires a legislative appropriation therefor, and sect

OPINION 65-75 January 15, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Counties - Offices - Rental This is in response to your letter in which you advise that the county commissioners are anticipating renting office space in a place other than in the county courthouse to house county welfare offices because of the shortage of space in the present county courthouse. You then ask for an opinion whether or not the county commissioners have authority to rent facilities for the county welfare officials under the circumstances. The powers of the board

OPINION 65-445 January 8, 1965 (OPINION) Mr. Albert Schmalenberger Land Commissioner RE: University and School Lands - Coal Leases - Renewal This is in response to your letter in which you enclosed the action taken by the Board of University and School Lands with reference to the following lease. The following facts are pertinent in answering the questions you submitted. On or about December of 1943 the Board entered into a twenty year lease with the Traux-Traer Coal Company under which the Truax-Traer Coal Company was permitted to mine and remove coal located in section 16,

OPINION 65-292 January 7, 1965 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Schools - Tuition - Appeals to State Board This is in reply to your letter of January 5, 1965, relative to Section 15-40-17 of the North Dakota Century Code, as amended, providing for tuition appeals to the State Board of Public School Education. You note the statute provides in part: "The decision of the committee may be appealed to the state board of public school education, and the decision of such board shall be binding upon all parties." You then ask the following question