North Dakota AG Opinions, 1961

OPINION 61-124 February 6, 1961 (OPINION) GOVERNOR RE: State Examiner - Appointment This is in reply to your request for an opinion relating to the office of State Examiner under section 6-01-08 of the North Dakota Century Code. You advise that this section requires that the State Examiner be confirmed by the State Senate. You then ask: "If I choose to appoint a new State Examiner at the expiration of the present State Examiner's term, which is July 1, 1961, would I be required by law to submit the name of my nominee to the Senate during this session?" You also ask: "If I do not

OPINION 61-38 February 2, 1961 (OPINION) CITIES AND VILLAGES RE: Ordinances - Licensing of Peddlers and Solicitors This is in reply to your request for an opinion in regard to municipal regulations governing persons soliciting, peddling or selling products and produce from door within the confines of a municipality. Your questions are stated as follows: (1) Can a municipality legally pass an ordinance requiring a license and fee from any person, persons or firm soliciting, peddling or selling products and produce from door to door within the confines of the municipality? (2) Can

OPINION 61-250 February 1, 1961 (OPINION) TAXATION RE: Real and Personal Property Taxes - Interest and Penalties This office acknowledges receipt of your letter of January 30, 1961, in which you request our interpretation of section 57-20-10 of the North Dakota Century Code. Your inquiry reads as follows: I have been requested by our County Auditor to obtain your interpretation of the above-captioned statute. We are particularly concerned with the portion of the statute dealing with the 6 percent per annum rate on personal property. By way of illustration, assuming that 1959 per

OPINION 61-135 January 30, 1961 (OPINION) LEGISLATURE RE: Elections - Legislative Districts The office of the Attorney General acknowledges receipt of your letter of January 26, 1961, in which you state that action was taken by the House of Representatives on Wednesday, January 25, instructing you as its presiding officer to request an official opinion from this office interpreting section 54-03-01 of the North Dakota Century Code, as said section affects the boundaries of the ninth and tenth Legislative Districts of the State of North Dakota. You further state that since the year 1931

OPINION 61-102 January 26, 1961 (OPINION) GOVERNOR RE: Absence From State - Signing Legislative Bill This is in reply to your letter in which your ask for an opinion on the following: In the event the signing of a bill took place in another state and the bill was a controversial matter, could the legality of the signing be questioned? In what position would it place the constitutionality of the bill involved? Are there any instances of such on record?" A reasonable research does not disclose that the North Dakota Supreme Court has had occasion to rule on this question or s

OPINION 61-63 January 25, 1961 (OPINION) COUNTIES RE: Mental Health Board - Involuntary Hospitalization of Alcoholic This office acknowledges receipt of your letter of January 23, 1961, in which you state that at the present time there exists a disagreement between Ramsey County and Grand Forks County as to whether or not a county health board may order the involuntary hospitalization of an alcoholic or drug addict. You ask for the opinion of this office upon this question. Chapter 25-03 of the North Dakota Century Code provides for two ways of admission to the state hospital

OPINION 61-61 January 23, 1961 (OPINION) COUNTIES RE: Mental Health Board - Involuntary Hospitalization - Examination of Proposed Patient by Licensed Physician In your letter of January 11, 1961, you ask for our views as to the procedure to be followed by the Mental Health Board of Burleigh County in an instance of involuntary hospitalization of an individual who may be mentally ill. In the first place, it is well to bear in mind that chapter 25-03 of the North Dakota Revised Code of 1943 was amended by the 1957 Legislature, and now appears as chapter 25-03 in volume Four of th

OPINION 61-141 January 17, 1961 (OPINION) LEGISLATURE RE: Referred Measure - Amendment This is in reply to your letter of January 16, 1961, concerning House Bill No. 572 which has been referred to the House Judiciary Committee for consideration. You state the following facts: The bill would amend and reenact sections 27-05-01, 27-05-05 and 27-05-08. The source notes reveal that a referred measure in 1919 was the source of at least some of the provisions of each of said sections. Would you kindly advise me whether or not, in your opinion, a two-thirds vote would be required