North Dakota AG Opinions, 1948

OPINION 48-128 March 18, 1948 (OPINION) FOOD AND DRUGS RE: Oleomargarine - Sale to Cafe This is in reply to your letter of March 9 in which you inquire whether or not a cafe purchasing oleomargarine from a manufacturer or jobber outside the state and serving the same to customers would be required under section 19-0506 to secure a license from the State Laboratories Department. You further inquire whether or not a manufacturer or wholesaler outside the state shipping to customers in state would be required to place upon the packages the stamps as required under section 19-0513.

OPINION 48-241 March 16, 1948 (OPINION) VILLAGE RE: Purchase of Firefighting Apparatus Yours of March 12, 1948, re purchase of firefighting apparatus by your village, has been received and sent to my desk. Under the provisions of the above section, your village board may by resolution duly adopted declare that an emergency exists and that it is desirable and necessary that firefighting apparatus and equipment be acquired for the village. The board may then enter into a contract for the purchase of the necessary equipment, the purchase price to be payable in annual installment

OPINION 48-127 March 15, 1948 (OPINION) FOOD AND DRUGS RE: Oleomargarine - Sales in State Re: Sections 19-0505 and 19-0506, 1943 Revised Code Yours of the 12th of March, 1948, with copy of letter of March 10th, to Mr. A. N. Lavik, director, State Laboratories Department, has been received and sent to my desk. Section 19-0505, when read with section 19-0506, clearly applies only to persons, etc., who sell, etc., oleomargarine in this state. It does not authorize or require persons, etc., who do not have oleomargarine for sale, etc., in this state, to be licensed. In other wor

OPINION 48-117 March 11, 1948 (OPINION) EDUCATION RE: Real Property Not Subject to Taxation Your letter of March 10, 1948, addressed to the attorney general, has been received and contents noted. You state that the Bismarck Board of education owns lot 5 of Block 1, Wynkoop Addition to the City of Bismarck. There is a residence on this property which is leased by the board of education to one of the teachers in one of their schools. Your question is whether this property is exempt from taxation. Section 15-2607 of the 1943 Revised Code authorizes and empowers school boards

OPINION 48-223 March 4, 1948 (OPINION) TAXATION RE: Farm Property of Sectarin School Re: Section 57-0208 (6), 1943 Revised Code Your letter of March 2, 1948, asking for the opinion of the attorney general as to whether farm property owned by a sectarian school or academy, and used in part at least for the production of meat and milk for the students occupying the school's dormitories, is exempt from taxation, has come to my desk. Your request involves the construction of section 57-0208 (6) of the 1943 Revised Code. This provision is as follows: "All schoolhouses, academie

OPINION 48-122 March 3, 1948 (OPINION) ELECTION RE: Constitutional Amendments to Be Submitted at Primary This is in reply to your letter of some time ago inquiring whether the constitutional amendments proposed by the 1947 Legislative Assembly are to be submitted at the primary election or the general election in June and November, respectively. Chapter 123 of the 1947 Session Laws is a concurrent resolution for an amendment to the state constitution authorizing the issuance, sale, and delivery of bonds of the state of North Dakota in the sum not to exceed $27,000,000, to be us

OPINION 48-176 March 2, 1948 (OPINION) LIENS RE: Destruction and Removal from Register of Deeds Files Re: Destruction of Old Liens Your letter of February 27 regarding the destruction of old chattel and crop mortgages has been received and sent to my desk. The law which you mentioned, but which you were unable to find is probably Section 11-1814 of the Revised Code which is a reenactment and amendment of Chapter 164 of the Laws of 1935. The law of 1935 provided for the removal and destruction from the files of old liens filed prior to January 1, 1920. The Code amended thi

OPINION 48-117 March 2, 1948 (OPINION) EDUCATION RE: Reorganization - 1947 Law Your letter of February 27, 1948, addressed to the attorney general, has been received and contents of same have been noted. You inquire if a consolidation plan of two school districts to be combined into one is submitted to a vote, do these two districts vote as a unit, and a majority so voting will decide the issue, or does each district vote separately? And further, if one of these districts does not carry but the other district does, what is the result? I assume that you have reference to the

OPINION 48-39 February 20, 1948 (OPINION) CITIES RE: Publication of Council Proceedings in Official Newspapers Your letter of February 18, 1948, regarding publication of official proceedings of city, has been received and sent to my desk. Section 40-0109 of the 1943 Revised Code requires that the city council shall publish a complete record of all its proceedings in its official newspaper. Section 40-0109 provides for the appointment by the city of an official newspaper, and requires that an official newspaper be appointed if there is one published in the city. The official c

OPINION 48-39 February 19, 1948 (OPINION) CITY RE: Purchase of Water - Ordinance and Contract to Be Approved by Voters Yours of the 19th inst., requesting our opinion as to the proper procedure for your city to follow under section 40-3316 of the 1943 Revised Code, at hand. It appears from this section that any contract for the purchase of water must be authorized by an ordinance. There is a possible question as to whether it is the contract or the ordinance that is to be submitted to the voters for approval. I would suggest that any question as to this uncertainly might be

OPINION 48-72 February 16, 1948 (OPINION) COUNTY RE: War Memorial - Levy for County - May Not Issue Bonds Your letter of February 10, 1948, asking certain questions regarding the building of Memorials under the provisions of chapter ©25 of the 1947 Session Laws, has been received and sent to my desk. You ask four questions as follows: (1) Can the present Board of County Commissioners pass a resolution which requires the levy to be made for the next five years or must the Board pass a resolution each year for the levy? (2) As soon as the resolution has been made or soon there

OPINION 48-115 February 13, 1948 (OPINION) EDUCATION RE: Insurance on Buildings - Proceeds Your letter of February 11 addressed to the attorney general has been received and contents of same have been noted. You request our opinion on the following proposition: About four years ago the Alsen School burned down. The insurance after payments of bonds amounts to approximately $12,000.00. In addition there is a reserve of approximately $3,000.00 so that the fund available for building purposes is in the neighborhood of $15,000.00. The school board desires to build, but whe

OPINION 48-73 February 9, 1948 (OPINION) COUNTY RE: Redistricting May Be Done Within Reasonable Time This office is in receipt of your letter under date of February 3, 1948, with reference to the validity of the action taken by the redistricting board of Sargent County on January 6, 1948. In your letter you outline the history of the proceedings leading up to the redistricting of the county. We assume from what you say in your letter that the petition filed with the County Auditor was sufficient and that it conformed with the requirements of section 11-0703 of the 1943 Revised

OPINION 48-195 February 7, 1948 (OPINION) PEACE OFFICERS RE: Highway Patrol - Witness Fees Your letter of February 5, 1948, re above, has been received and turned over to me for attention. We agree fully with your opinion as expressed in your letter. We will for clarification quote your questions and then follow each question with our answer. 1. Has a highway patrolman any right to fees for "attendance in court", incident to (a) his signing a complaint, or (b) his being present in Justice Court when a defendant charged with traffic violation or other misdemeanor enters ple

OPINION 48-81 February 3, 1948 (OPINION) COURT REPORTERS RE: May Make no Charge for Typing Memorandum Opinion of Court This will acknowledge your letter of January 31 in which you enclose correspondence between yourself and one of the court reporters of one of the district judges in the judicial district in which Bowman County is located. I note that in a certain civil case this court reporter has submitted a bill for services in transcribing and typing the memorandum opinion of the court in this case. This bill was duly approved by the district court which decided the case.

OPINION 48-176 February 2, 1948 (OPINION) LABOR RE: Hours - Women - Railroad Employees This is in reply to your letter of January 13, 1948, in which you ask the opinion of this office as to the applicability of section 34-0606 of the 1943 Revised Code, Hours of Labor for Females, in connection with railroad employees where the railroad is engaged in interstate commerce and therefore subject to the Railway Labor Act, Title 45, Chapter 8. Specifically, your question is whether the wage and hour laws for women and minors apply to railroad employees governed by federal law, such a

OPINION 48-69 January 28, 1948 (OPINION) COUNTIES RE: War Memorials This will acknowledge your letter of January 22, in which you state that the county commissioners of Nelson County have, for some time, been considering the matter of a war memorial and have been considerably interested in seeing that Nelson County erects a new war memorial court house. You point to chapter 125, of the 1947 Session Laws, in which county commissioners are authorized to construct memorials. You ask specifically whether the phrase in that Act which reads as follows ". . . and may after the taki

OPINION 48-119 January 28, 1948 (OPINION) EDUCATION RE: Reorganization - Tenure of Office of Existing Boards This will acknowledge your letter of January 22, in which you quote a part of section 22 of chapter 147 of the 1947 Session Laws, which reads: * * *prior to the completion of the reorganization of any school district under the provisions of this act, the existing school board of any school district shall not contract or place such district under any obligation, except upon the recommendation of the county committee. In this connection you ask this office to advise you w

OPINION 48-125 January 20, 1948 (OPINION) ELECTIONS RE: Irrigation Districts - Who Are "Electors" Re: Construction of Section 61-0503 of the 1943 Revised Code, as amended by Sec. 2 of Chapter 372, Laws 1947 This will acknowledge the receipt of your letter of January 17, 1948, in which you say that recently your office has received inquiries as to the qualifications of "electors" in irrigation districts. Section 1 of Chapter 372 of the 1947 Session Laws provides: 'Elector' shall mean any landowner owning not less than five acres of land whose land will be or is subject to assess

OPINION 48-165 January 16, 1948 (OPINION) INSTITUTIONAL CARE RE: Indian Patients - No Discrimination Reference is made to your letter of December 26, 1947, relative to maintenance expense of Indians at the Grafton State School, and the real question presented is whether or not the state is justified in charging the federal government more for the care and maintenance of Indians at the school than it charges for other residents of the state. In the past the board of administration has had an agreement with the federal government permitting the Grafton State School to receive In

OPINION 48-113 January 15, 1948 (OPINION) EDUCATION RE: Indian School Fort Yates - Participation in Equalization Fund This is in reply to your letter of January 8 addressed to this office in which you make inquiry as to whether or not the Ft. Yates School District is entitled to participate in the several divisions of the state equalization fund, more especially on a teacher unit basis. You state that the Indian Service School at Fort Yates is maintained by the Federal Government for the purpose of providing educational facilities for the Indian pupils of school age in that part

OPINION 48-42 January 12, 1948 (OPINION) CITIES RE: Special Assessment Districts May Include Entire City Your letter of January 9, 1948, relating to special assessment districts for extensions of your waterworks and sewer system, at hand. I talked this matter over with Mr. Burdick some time ago, but as far as I know he did not leave any blue prints of the proposed extension in the office. He made small pencil sketches just to show the proposition but not with reference to any specific extension. The present statute relating to the size and form of improvement districts is se

OPINION 48-217 January 6, 1948 (OPINION) SCHOOLS RE: School Buses - Seat Transportation Tax Not Applicable This is in reply to your letter of January 3 addressed to this office making inquiry as to whether an additional license fee of $8.00 per pupil as provided by section 39-0451 must be paid by operators of school busses transporting more than seven pupils. Section 39-0451, supra, is part of the general law governing motor vehicles used in commercial transportation of passengers and is part of chapter 179 of the 1927 Session Laws. The operation of school busses evidently wa