North Dakota Attorney General Opinions

OPINION 61-125 August 9, 1961 (OPINION) GOVERNOR RE: Workmen's Compensation Bureau - Designation of Chairman This is in response to your letter in which you asked for a ruling on the provisions of section 65-02-04, North Dakota Century Code, pertaining to the designation of a chairman for the North Dakota Workmen's Compensation Bureau by the Governor. The present chairman was reappointed as a commissioner in July, 1959, for a period of six years, and was designated as chairman by the former Governor. The specific question is whether or not the present Governor may at this tim

Overruled by N.D.A.G. 85-19 OPINION 61-26 August 1, 1961(OPINION) CHARITABLE ORGANIZATIONS RE: License - Exemptions This is in response to your letter in which you enclosed correspondence from the Red Cross representative and then asked for an opinion whether or not the American National Red Cross comes within the provisions of Senate Bill 146 of the 1961 Legislature, which is now chapter 50-22 of the North Dakota Century Code (pocket part). Independently of your letter we were furnished with various material, including opinions from Attorneys General of other states. The provisions o

OPINION 61-212 July 27, 1961 (OPINION) SCHOOL DISTRICTS RE: School Buildings - Removal This is in response to your request for an opinion on the following facts: A public school district is considering moving a schoolhouse from its present site to another site within the district where there is presently maintained another schoolhouse. They have in mind to use the two schoolhouses located side by side to carry on school for the first four grades in one building and the upper four grades in the other building. The parents of the children, who are presently or would be attend

OPINION 61-12 July 26, 1961 (OPINION) AIRPORTS RE: Municipal Airports - Disposition of Aircraft Registration Fees This is in reply to your request for an opinion on the construction of section 2-05-11 of the North Dakota Century Code in connection with the following facts: Heretofore there have existed no municipal or publicly owned or operated airports, in Hettinger County. The Village of Regent has now created the Municipal Airport Authority of the Village of Regent, pursuant to Chapter 2-06, the Airport Authorities Act, and has contracted to purchase an airport site, which

OPINION 61-66 July 21, 1961 (OPINION) COUNTY COURTS OF INCREASED JURISDICTION RE: Justice Court Procedure This is in reply to your letter of July 17, 1961, concerning the new county justice act. In your letter you set forth the following facts and question: Under the Justice Code, a civil action may be heard at anytime between three and fifteen days. Stutsman County has a County Court of Increased Jurisdiction, and as Judge of this Court, my question is this: The Jurisdiction conferred upon this Court by the constitution and statutes is concurrent with that of the District

OPINION 61-52 July 11, 1961 (OPINION) COUNTIES RE: County Officers - Official Census This is in reply to your letter in which you ask for an opinion on the following situation: In the event the office of the County Judge becomes vacant by the resignation of the incumbent official will the Board of County Commissioners of Kidder County be authorized to fill the vacancy by appointment or will the office merge with that of the Register of Deeds? According to the last official census the p

OPINION 61-179 July 11, 1961 (OPINION) SCHOOL DISTRICTS RE: Annexation - Attachment of Entire School District Your specific question is: "May a special school district, under the annexation laws of North Dakota, annex an entire contiguous school district?" For a great number of years entire school districts have been annexed to other school districts under our annexation statutes without any question being raised. In fact, this was the only way an entire district could be joined to another until 1947 when our school reorganization law was enacted except by consolidation in

OPINION 61-14 July 10, 1961 (OPINION) ALCOHOLIC BEVERAGES RE: Bottle Clubs - Licensed Retail Liquor Establishments Your letter dated July 5, 1961, regarding "bottle clubs," has been received by this office. You relate to us that the Grand Forks County Commissioners have issued a license to operate as a bottle club to a private corporate entity in the county under the new "bottle club" law, enacted by the 1961 Legislative Assembly as House Bill No. 643, and now codified in the 1961 Session Laws as Chapter 104. You state that there is some confusion in your area as to the stan

OPINION 61-60 July 6, 1961 (OPINION) COUNTIES RE: Investment of Surplus Funds - Authorized Investments This is in reply to your letter of June 28, 1961, concerning the investment of surpluses held by Divide County. You state you have advised the Board of County Commissioners to the effect that the investment of surplus county funds in the issues of foreign governments is not authorized by statute and that such bonds held by the County should be liquidated and reinvested in United States Government Bonds. You also state it appears that Divide County has invested certain amounts

OPINION 61-225 July 6, 1961 (OPINION) STATE RE: Employees - Expenditure of Highway Funds for Group Hospitalizati and Insurance This is in reply to your letter in which you ask this office to review its opinion issued to Mr. A. W. Wentz under date of December 14, 1960. This opinion dealt with the question whether or not the Highway Commissioner was authorized to expend highway funds for contributions toward the cost of an employee's voluntary group hospitalization and insurance plan and concluded that such expenditure could not be legally permissible. This office has previous

OPINION 61-175 June 26, 1961 (OPINION) PUBLIC WELFARE RE: Medical Assistance for Aged - Definition of Home I have before me your letter of May 23, 1961, in which you ask for my opinion as to the construction of Senate Bill 227 of the Session Laws of 1961 which provided for Medical Assistance for the Aged. As to the "home" of an applicant or recipient of Medical Assistance for the Aged, the act provides as follows: The limit in net value of personal property shall not include household goods, wearing apparel, or personal effects; nor shall the resources in real property exceed

OPINION 61-161 June 12, 1961 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Optometrists - Practice of Optometry by Unlicensed Persons We have received a letter dated June 5, 1961, from Mr. John Hjellum, Attorney-at-Law, Jamestown, North Dakota, through whom you requested an opinion concerning chapter 43-13 of the North Dakota Century Code. The question as stated in Mr. Hjellum's letter is: "Whether an unregistered optometrist, or a physician or surgeon not authorized to practice medicine in this State, all as defined in Chapter 43-13 of the North Dakota Century Code, may be employ

OPINION 61-58 June 8, 1961 (OPINION) COUNTIES RE: County Roads - State Highway Department - Performance Bonds This is in reply to your letter of June 5, 1961, concerning a highway improvement in Traill County. You state that the State of North Dakota has let a contract with a construction company (Project No. F 267(19)) in Traill County, North Dakota. Under this contract the contractors will be using about six and one-half miles of county highway as a haul road. You ask if the performance bond that the contractors must execute will protect Traill County so that in case the

OPINION 61-203 June 1, 1961 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Composition of Board of Education This is in response to your letter in which you recite a short history on the reorganization of the McVille Community Special School District No. 46. You also advise that the reorganization plan as finally drafted by the Reorganization Committee, which was approved by the State Committee and voted on by the electors of the territory involved, provides that the reorganized district shall be a Special School District with the Board of Education consisting of five member

OPINION 61-50 May 16, 1961 (OPINION) COUNTIES RE: County Justice - Change of Venue Re: County Justice Act This is in reply to your letter of May 4, 1961, concerning the above named topic. You state that Ramsey County does not have increased jurisdiction. You then ask the following question: "In the event that this County Justice Office is allowed to go to the County Judge, will the defendants in our county lose their right to a change of venue in that there will not actually be a County Justice?" The pertinent provisions in this instance would appear to be section 27-07-0

OPINION 61-234 May 15, 1961 (OPINION) TAXATION RE: Cities and Villages - Notice of Right to Purchase This is in reply to your letter of April 18, 1961, requesting an official opinion from this office construing that part of section 57-28-19 of the North Dakota Century Code relating to the right and notice thereof of a city or village or town to purchase a lot held by the county under tax deed prior to the right of the former owner to repurchase it if there are delinquent and unpaid special assessments against it. You state that in the question before you, Burke County holds a t

OPINION 61-154 May 11, 1961 (OPINION) MOTOR VEHICLES RE: Registration - Trucks Under date of May 4, 1961, you addressed to this office your request for an opinion on House Bill No. 724 as passed by the 1961 Legislature. The question you raise is as follows: "Does House Bill No. 724 apply to passenger cars only, or does it also apply to trucks?" By way of explanation, you state that your department instituted House Bill No. 724 but intended that it would apply only to passenger cars, and it is your judgment that the Legislature in passing the bill intended it to apply only

OPINION 61-260 April 5, 1961 (OPINION) TOWNSHIPS RE: Township Roads - Expenditure of Township Funds On April fourth, 1961, Mr. A. C. Bakken, Griggs County State's Attorney, requested an opinion in your behalf concerning the application of section 24-08-02.1 of the North Dakota Century Code. Within limitations section 24-06-19 of the North Dakota Century Code authorizes the Board of Township Supervisors or the township electors to expend road taxes in the improvement of highways, including county and state highways, under such regulations as it may deem most expedient for the pu

OPINION 61-39 March 27, 1961 (OPINION) CITIES AND VILLAGES RE: Tax Sale - Repurchase of Real Property This is a reply to your letter of March 3, 1961, requesting an opinion on the question of which fund of a city should be charged with payments made by the city to redeem or to repurchase real property which has been sold by the county for delinquent general taxes only or for both delinquent general taxes and delinquent amounts or installments of special assessments levied by the city against the real property. It is my opinion that expenditures by a city to redeem or purchase such real

OPINION 61-241 March 23, 1961 (OPINION) TAXATION RE: Exemptions - Pensions Not Income This is in response to your letter in which you state that the 1961 Legislature, through House Bill No. 787, amended subsection 21 of section 57-02-08, by adding after the words "totally disabled" the following language: "who have income of less than $100.00 per month." You advise that some of the individuals concerned might be veterans who are receiving disability pensions from the Federal Government. We are assuming that the pensions referred to are for disabilities resulting from service connecte

OPINION 61-133 March 3, 1961 (OPINION) JUDGMENTS RE: Execution - Commissions on Levy This office acknowledges receipt of your letter of February 28, 1961, and in your letter you request our opinion on the following question: Are the commissions enumerated in section 11-15-08 of the North Dakota Century Code applicable where the Sheriff has levied on property of a judgment debtor pursuant to an execution but prior to any sale payment of the Judgment is made by the debtor?" Further, you call our attention to the fact that subsection 8 of section 11-15-07 of the North Dakota Cent

OPINION 61-152 February 27, 1961 (OPINION) MOTOR VEHICLES RE: Operator's Licenses - Rescinding of Order Suspending Driving Privileges Your letter dated February twenty-third, 1961, requesting an opinion concerning the authority of the State Highway Commissioner to rescind an order of suspension of driving privileges, is herewith acknowledged. We have checked the files maintained by the Safety Responsibility Division of the State Highway Department concerning the driver with which you are concerned, and find that this driver was involved in an automobile accident on January fou

OPINION 61-140 February 20, 1961 (OPINION) LEGISLATURE RE: Elections - Validity This office acknowledges receipt of your letter of February 4, 1961, in which you enclosed House Resolution No. 5, a house resolution requesting an opinion from the attorney general in regard to elections held in the Ninth and Tenth Legislative Districts for the election of members of the legislative assembly. Insofar as the question of the election of the members of the House of Representatives from the Ninth and Tenth Districts is concerned, the House has already pointed out in their resolution that under

OPINION 61-154 February 13, 1961(OPINION) MOTOR VEHICLES RE: Registration Fees - Refunds Your letter requesting an opinion as to the legal authority for making refunds in your department is herewith acknowledged. Prior to the 1959 session, refunds were specifically authorized in Section 39-04042 of the 1957 Supplement, N.D.R.C. 1943 and to certain nonresidents temporarily in the state pursuant to Section 39-0446 of the 1957 Supplement to the N.D.R.C. 1943. During the redraft of Title 39-04 by the 1959 legislative assembly, the provision relating to refunds to veterans was transferred to

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

OPINION 60-86 December 30, 1960 (OPINION) DISTRICT JUDGES RE: Vacancy in Office - Appointment of Successor This is in response to your letter in which you state that Roland Heringer of Rugby, North Dakota, was elected judge of the Second Judicial District during last November's election, but died before qualifying. Inquiry has been made of you concerning a replacement if the present judge, Asmunder Benson, should decide to retire at this time. You then ask the question, if an appointment is made to fill the vacancy created by the resignation of Judge Benson, how long would such pers

OPINION 60-206 December 27, 1960 (OPINION) SCHOOL DISTRICTS RE: Residence - Tuition This is in reply to your letter of December 2, 1960, concerning a tuition problem confronting the school board. You state the facts as follows: About a year and a half ago Mr. and Mrs. Arthur Humann bought a house in the city of Hazelton and moved in from their farm in Gayton Township at that time. Mr. Humann goes out to his farm in season and works there and makes his living from it but lives in town the year around. The Humanns' maintain their voting residence in Gayton Township and both

OPINION 60-251 December 19, 1960 (OPINION) TAXATION RE: Special Assessments - Tax Deed - Extinguishment of Lien This is reply to your letter of October 21, 1960, concerning special assessments. We are sorry that it took this length of time to formulate our answer; however, the questions which you raised were complex. The following discussion contains our conclusions. Question: When a county obtains a tax deed to city or village lots for both delinquent general taxes and delinquent special assessments is the lien for special assessments extinguished? Answer: Our conclusi

OPINION 60-174 December 10, 1960(OPINION) PUBLIC WELFARE RE: Children's Homes - State Aid - Protection of Religious Faith Re: Children's Homes Your opinion request of December 1, 1960, has been received. You state that a question has arisen concerning the operation of a children's home which is licensed under chapter 50-11, North Dakota Revised Code of 1943, as amended. You set forth the facts as follows: 1. A children's home is duly licensed under chapter 50-11 by a Lutheran organization. 2. This home has been accepting indigent children, and they have also been receiving state

OPINION 60-223 November 28, 1960 (OPINION) SOCIAL SECURITY RE: Township Supervisors - Fees or Wages This is in reply to your request for an opinion whether or not the compensation paid to township assessors is considered fees or wages under the agreement with the Federal Social Security program. The question relates to the compensation that assessors receive for making applications for insurance coverage and submitting them to the Insurance Commissioner. Under section 26-2216 of the 1957 Supplement to the North Dakota Revised Code of 1943 the assessors are entitled to received

OPINION 60-219 November 25, 1960 (OPINION) SOCIAL SECURITY RE: County Auditor - Contributions by County for Duties Not Involving the County This is in response to your letter in which you explain that the county officials have concern whether or not the county is required to pay the taxes or contributions arising out of the situation where the County Auditor accepts applications, processes same, transmits them to the State Hail Insurance Department and is reimbursed for such work. You further bring to your attention that the county is not prepared, nor does it have the finance

OPINION 60-196 November 22, 1960 (OPINION) SCHOOL DISTRICTS RE: High School Tuition - Payment for Four Years by District of Residence This is in response to your opinion request of November 3, 1960, with regard to a tuition question raised by the clerk of Juzeler School District No. 20. Your statement of the facts is as follows: A student from a district which does not offer high school has been attending a high school for four years, but did not graduate. He has now enrolled in the Juzeler School District this year. Mr. Erbstoesser (clerk of the above named school district) wishes

OPINION 60-1 5 9 November 22, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Nursing Scholarships - Qualifications of Candidates This is in reply to your request for an opinion of this office in regard to administration of the statutory provisions authorizing the issuance of nursing scholarships. You ask: 1. To what extent can financial need be the deciding factor in the decision to grant a nursing scholarship? Health, character, personal-social characteristics, vocational adaptability to nursing, record of scholastic achievement, and to some extent, geographic location i

OPINION 60-134 October 27, 1960 (OPINION) JUSTICE COURT RE: Fees - Plea of Guilty This is in response to your letter in which you ask what fees may the justice of peace charge under the following set out facts: The justice issues warrant for arrest; the accused pleads guilty, but the justice determines to hear testimony and does hear testimony to establish a prima facie case. The specific question is whether or not the justice of peace may charge a fee of four dollars for hearing testimony "as a trial of issue" where the accused has pled guilty. Section 33-0123, 1957 Supplem

OPINION 60-95 October 25, 1960 (OPINION) ELECTIONS RE: No-Party Ballot - Vacancy on General Election Ballot This is in reply to your letter in which you state the following: Clarence Carroll, the Stark County Register of Deeds, died on October twentieth. He was running for reelection and was the only person whose name is on the ballot printed for the November eighth election. Now there apparently are several people who are intending to run for the vacancy and of course wish to get their names on the ballots if possible rather than running as ordinary sticker candidates." Y

OPINION 60-98 October 21, 1960 (OPINION) ELECTIONS RE: Polling Places in Cities - Designation by County Commissioners This is in reply to your letter of October 18, 1960, concerning chapter 16-09 of the North Dakota Revised Code of 1943, as amended. You point out that section 16-0904 of the North Dakota Revised Code of 1943 indicates that the governing body of the village or city may designate polling places. You also state that the county commissioners changed the polling place of one location in the City of Carrington approximately one month ago. Thereafter the City Council of Ca

OPINION 60-53 October 13, 1960 (OPINION) COUNTIES RE: County Officers - Official Census - Salaries This is in reply to your letter in which you state that recently there appeared in the newspapers figures released by the Census Bureau stating the population of the various counties as the result of the census taken earlier this year. You then ask whether the figures so reported in the newspapers can be considered an official report for the purpose of determining whether the salaries of the county officials may be lowered or raised as the case may be. The statute in question is section

OPINION 60-18 October 11, 1960 (OPINION) ALCOHOLIC BEVERAGES RE: Minors - Possession - Automobiles This is in reply to your letter of September 15, 1960, in regard to the interpretation and application of Chapter 100 of the 1959 Session Laws and the provision of Section 1 thereof to the effect that: "It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase or have in his or her possession in this state any intoxicating liquor as defined by section 5-0506 of the 1957 Supplement to the North Dakota Revised Code of 1943." You ask for

OPINION 60-130 October 3, 1960 (OPINION) HIGHWAYS RE: Public Roads by Prescription - Duty of Township to Maintain This is in reply to your letter and telephone call in regard to a road or trail in your county. You inform us that the section through which this road runs has a highway along the west side, a township road along the north and east sides, and that this trail runs along the south side of the section. It is not on the section line because the section line area is so rough and rugged that the cost of construction of a road would not be within reason and would not serve any par

OPINION 60-68 September 23, 1960 (OPINION) COUNTY FAIRS RE: Levy in Aid of - Submission to Voters Under date of September 13, 1960, you inquired of this office regarding section 4-0230 of the North Dakota Revised Code of 1943 which was amended in 1947. Your inquiry is as follows: Your opinion is respectfully requested on the following question: Does section 4-0230 of the 1957 Supplement to the North Dakota Revised Code of 1943 authorize the submission of the question of continuing the annual levy in aid to an agricultural fair to a vote of the people of the county at the next gener