North Dakota Attorney General Opinions

OPINION 60-145 August 26, 1960 (OPINION) LIVESTOCK AUCTION MARKETS RE: Sales - Fees We are in receipt of your letter of August 25, 1960, and we herewith supply you with the following information. You requested an opinion from this office concerning what constitutes a sale within the meaning of the chapter 36-05, titled LIVESTOCK AUCTION MARKETS. You base your question on the following set of circumstances. If a particular auction market advertised and held regular sale on a certain day, said regular sale being completed at 4:00 p.m. that certain day; and then, at 8:00 p.m. t

OPINION 60-257 August 24, 1960 (OPINION) TOWNSHIPS RE: Officers - Residence - Vacancy in Office We have received your letter of August 17, 1960, in which you requested an opinion from this office concerning vacancies in township offices. You have asked the specific question: Whether or not a vacancy in a township treasurer's office is created when the township treasurer physically moves out of the township but said treasurer intends to retain his voting rights in the township." You cite section 58-0501 of the North Dakota Revised Code of 1943 which provides: Every person qu

OPINION 60-191 August 24, 1960 (OPINION) SCHOOL DISTRICTS RE: Bond Issue Elections - Percentage of Votes Needed for Approval This is in reply to your letter of August 17, 1960, requesting an opinion of this office as to the applicability of subsection 3 of section 21-0307 of the 1957 Supplement to the North Dakota Revised Code of 1943 to an election recently held in a school district in your county. You inform us that you are advised by school board officers that Richardton Special School District No. 4 had maintained and operated a public school building in Richardton, North D

OPINION 60-29 August 22, 1960 (OPINION) CITIES AND VILLAGES RE: Contracts - County Road Fund We are in receipt of your letter of August 3, 1960, in which you requested an opinion regarding the authority of a village to contract with a county under certain circumstances. You stated that a proposal had been made to the County Commissioners that a contract be entered into between the county and the village whereby the county agrees to take over the maintenance of streets and highways in a given village, if the said village agrees that the twenty percent of the tax

OPINION 60-36 August 16, 1960(OPINION) CITIES AND VILLAGES RE: Improvements - Boulevards - Width of Streets This is in reply to your letters of August 4, 1960, and August 5, 1960, in regard to a proposed street improvement to be constructed in your city. You inform us that the street concerned is 120 feet in width. Several years ago curb and gutter improvements were constructed on the street placed 15 feet from the property line of abutting owners leaving a roadway of 90 feet in width. The city now contemplates a boulevard type of improvement of this street. Apparently, the intention

OPINION 60-21 August 16, 1960 (OPINION) BANKS RE: Savings and Loan Associations - Use of Term "Deposits" This is in reply to your letter in which you state that for a number of years and prior to your tenure in office your department had ruled as objectionable the use of the word "deposits" in advertising by the building and loan and savings and loan associations. You further state that you have received numerous objections to this provision. You then ask for a clarification or ruling whether the term "deposits" may be used by building and loan and savings and loan associations. The te

OPINION 60-147 August 16, 1960 (OPINION) MARRIAGE RE: Application for License - Recording This is in reply to your letter of August 12, 1960, concerning the above matter. You state that for many years the marriage record book in Barnes County has had the application for marriage license, together with the marriage license and certificate of marriage, all on one page. You further point out that section 14-0322 of the North Dakota Revised Code of 1943 provides that marriage licenses and certificates of marriage shall be recorded. This section does not mention the applicatio

OPINION 60-143 August 16, 1960 (OPINION) LEGISLATURE RE: Referred Measure - Errors This is in reply to your letter in which you request an interpretation of section 16 of the 1959 Small Loans Act which is designated as chapter 136 of the 1959 Session Laws, which measure was referred by the people of the State of North Dakota under the provisions of Section 25 of the North Dakota Constitution and appeared as measure No. 5 on the June primary ballot. Measure No. 5 which was chapter 136 of the 1959 Session Laws was approved by the voters of the state of North Dakota on June 28,

OPINION 60-47 August 11, 1960 (OPINION) COUNTIES RE: County Coroner - Duties and Jurisdiction This is in reply to your request of July 29, 1960, for an opinion from this office relating to the duties and jurisdiction of county coroners. You have asked for a clarification of the existing law, and you have asked for our opinion as to what the legislative intent of the statute is. Further, you have asked the specific question: . . . . whether it is proper in a coroner case, to call the coroner of the county in which the victim died, regardless of where he may have first incurred his inj

OPINION 60-180 August 11, 1960 (OPINION) SCHOOL DISTRICTS RE: Annexation Petitions - Reconsideration by County Commissioners This is in reply to your letter of July 28, 1960, in regard to legality of action taken by the board of county commissioners concerning a petition for annexation of school district territory. You inform us that subsequent to approval by the state committee pursuant to section 15-5321 of the 1957 Supplement to the North Dakota Revised Code of 1943, and proper notice for hearing before the Steele County board of commissioners, a public hearing was held on M

OPINION 60-187 August 10, 1960 (OPINION) SCHOOL DISTRICTS RE: Bond Election - Resolutions, Ballots, Notices This office acknowledges receipt of your letter of August 2, 1960, in which you raise several questions with reference to the McVille Special School District No. 46 Bond Election held on June 6, 1960. You have asked for our opinion on this matter. The number one problem submitted by you relates to the form of ballot used at the above election. Our understanding is that the inspector of the election initialed each ballot, stamping same with a rubber stamp before handing

OPINION 60-132 August 10, 1960 (OPINION) HUNTING RE: Display of Color on Hunter - Use of Camouflage Suit Your letter of August 5, 1960, requesting the opinion of this office as to the requirements of Chapter 205, North Dakota Session Laws 1959, is herewith acknowledged. Section 20-0505 of the North Dakota Revised Code of 1943 as amended by Chapter 205 S.L. 1959 provides that all persons shall wear red, yellow, or orange caps while hunting big game animals or wild turkeys. In addition every person, while hunting big game animals or wild turkeys, shall have one hundred forty-four squar

OPINION 60-169 July 21, 1960 (OPINION) PUBLIC OFFICERS RE: Contracts - Personal Interest This is in reply to your request for an opinion on the interpretation of section 12-1006 as amended by Chapter 323 of the 1959 Session Laws. The material portion of this section reads as follows: Every public officer authorized to sell or lease any property, or make any contract in his official capacity, who contrary to law voluntarily becomes interested individually in such sale, lease, or contract, directly or indirectly, is guilty of a misdemeanor. . . ." The specific question is wheth

OPINION 60-101 July 18, 1960(OPINION) ELECTIONS RE: Voting Machines - Use of Printed Ballots and Machines Re: Chapter 16-21, 1957 Supplement to the North Dakota Revised Code of 1943 - Voting Machines This office acknowledges receipt of your letter of July 11, 1960, with reference to the use of voting machines for which provision is made in the above-captioned chapter. In your letter you enumerate some of the difficulties involved in the use of these machines in some of the cities in North Dakota, especially the delay in cases wherein the voter is compelled to wait a long period for

OPINION 60-158 July 14, 1960 (OPINION) NURSING HOMES RE: Loans - Terms and Conditions You have requested an interpretation of Senate Bill No. 290, Chapter 345, as passed by the 1959 session of the Legislative Assembly and approved by the Governor. In particular, you would like the opinion of this office as to the meaning and effect of the provisions of Section 3 of Chapter 345 which purport to limit the size of loans which may ". . . . be made by The Bank of North Dakota to nonprofit corporations to be used in the construction or reconstruction in this state of nursing homes,

OPINION 60-165 July 13, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Physicians and Surgeons - Licenses - Exemptions This is in reply to your letter of July 1, 1960, in which you ask for an interpretation of section 43-1702, subsection 2, of the 1957 Supplement to the N.D.R.C. of 1943, which states as follows: Any physician residing on the border of a neighboring state and duly licensed under the laws thereof, who does not open an office or appoint a place to meet patients or to receive calls within this state;" You further advise that this inquiry is prompted on belief that

OPINION 60-220 June 17, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Hairdressers and Cosmetologists - Powers of Board - Temporary Permits Your letter of May 25, 1960, pertaining to the above indicated matter has been received. The question at hand is whether or not it is within the power of the State Board of Hairdressers and Cosmetologists to issue temporary permits entitling beauty school graduates to practice their occupation between the time of their graduation and the next examination for registration. It is axiomatic that the board exercises purely statutory powers an

OPINION 60-76 June 13, 1960(OPINION) COUNTIES RE: State's Attorney - Institute - Expenses This is in reply to your letter of June 8, 1960, requesting the opinion of this office. You state the following facts: "The North Dakota States Attorneys' Association, of which I am a member, are planning to conduct a two day institute for the training of states attorneys to be conducted at the University of North Dakota law school at Grand Forks, on December 2 and 3 of 1960. :In order to defray the expense of such an institute, it was deemed necessary to request of the co

OPINION 60-247 June 10, 1960 (OPINION) SPORTS AND AMUSEMENTS RE: Licensing - Soft Drinks This letter is with reference to your letter addressed to this office under date of May 19, 1960, and also to a reply thereto under date of June 3, 1960, written by Helgi Johanneson, first assistant attorney general. As we understand your status, you have a franchise from the Post Exchange which authorizes you to sell and vend soft drinks on the base. Under the contract you agree to comply with all regulations relating to sanitation and health, and assume liability for all taxes applicab

OPINION 60-34 June 3, 1960 (OPINION) BUILDING AND LOAN ASSOCIATION RE: Operation of - Deposit Accounts; Restrictions This is in reply to your letter in which you state that several of the state chartered savings and loan associations are accepting savings from clients under the guise of Christmas Savings Clubs. You go on to state that these are nothing more than a regular savings account, subject to withdrawals on demand of the persons joining the club. You then state that in your opinion this form of savings is contrary to the provisions of 7-0406, N.D.R.C. of 1943, which reads as f

OPINION 60-160 June 3, 1960 (OPINION) LIENS RE: Crop Mortgages - Abstract of Crop Liens This is in reply to your letter of May 26, 1960, concerning crop mortgage abstracts. You wish to know if it is necessary to include grain loan mortgages for a prior year that have been filed in the current year on the current year's abstract. For example: 1959 grain mortgages on crops grown in 1959 and filed after January 1, 1960. Should they be included in the 1960 crop mortgage abstract? We note that section 35-0506 of the 1957 Supplement to the North Dakota Revised Code of 1943 pro

OPINION 60-294 June 2, 1960 (OPINION) WEIGHTS AND MEASURES RE: Dept. of - Licensing Coin - Weighing Machines and Public Gasoline Pumps This is in response to your request for an opinion on the following question: Pursuant to 64-0216, as amended, an individual tenders the license fee due for the coming year. At the time of the application there is a penalty due for failure to have the machine licensed after September first. The individual does not include the amount owing for the penalty, or includes only a part of the amount due. May the Commission withhold issuing the

OPINION 60-95 June 1, 1960 (OPINION) EDUCATION RE: School Districts - Erection of School House This is in reply to your letter in which you state that: "Because of the existence of nontaxable Indian land and a large number of school age Indian pupils within the district, this school board determined it was desirable in providing necessary school privileges for the children of the district that the federal government construct adequate federal educational facilities within the district. Pursuant to this determination, the board and the federal government reached an understanding where

OPINION 60-269 May 26, 1960 (OPINION) TAXATION RE: Payment and Collection of Taxes - Personal Property Taxes, Delinquent - Penalties This is in reply to your letter in regard to the amendment to section 57-2001 of the N.D.R.C. of 1943 contained in chapter 387 of the 1959 Session Laws. You inform us that a local deputy sheriff tax collector has suggested a news release to be given to the local newspaper in regard to the effect of said amendment on the statute. You suggest that either this office or the office of the State Tax Commissioner might want to approve the suggested r

OPINION 60-244 May 25, 1960 (OPINION) SPECIAL FUELS TAX RE: Disposition of Funds - Formula This is in response to your letter in which you ask what figures relating to miles of rural roads in each county should be applied to the formula set out under section 9 of chapter 381 of the 1959 Session Laws. This section deals with the disposition of funds collected pursuant to chapter 57-52 of the 1957 Supplement to the North Dakota Revised Code of 1943 and provides that the treasurer shall allocate and distribute such funds among the counties of this state for farm to market roads i

OPINION 60-82 May 24, 1960 (OPINION) DOMESTIC RELATIONS RE: Parent and Child - Residence of Illegitimate Minor - Recommitment of Indians Your letter of May 12, 1960, regarding severance of tribal relations has been received. Section 14-0905 of the North Dakota Revised Code of 1943 provides as follows: "The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings." This being so, the residence of the mother is the residence of the minor. Your question is regarding the cost of the keep of a minor child. If the mother has left the reservation and

OPINION 60-188 May 23, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Improvements by Special Assessment Method - Curbs and Gutters This is in reply to your opinion request of 13 May, 1960. You state that the City of Kenmare intends to pave certain streets and avenues and that, in compliance with a recommendation of engineers, there will be a reduction of street width which will, of course, necessitate the building of new curbs and gutters. The streets, now approximately fifty feet wide, will be narrowed to a width of forty feet. You inform us that the "improvement will be by the sp

OPINION 60-129 May 19, 1960 (OPINION) HIGHWAYS RE: County Roads - Right-of-Way - Rights In and To Gravel, etc. Your letter dated May 13, 1960 requesting an opinion from this office relating to rights in and to gravel or other road materials located within thirty-feet of a section line, is herewith acknowledged. The Supreme Court has consistently held that the interests acquired by the state and the public in the lands within thirty-three feet on either side of congressional section lines, was that of an easement only and the fee has remained in the landowner. See Wallentinson v. Willia

OPINION 60-44 May 17, 1960 (OPINION) COUNTIES RE: Clerk of District Court - Fees This is in reply to your request for an opinion whether or not a filing fee of seven dollars and fifty cents is required under section 11-1704 where an appeal is taken from a justice court to the district court in a criminal case. Under section 33-1240 it is observed that criminal case appealed from the justice court to the district court is to be tried "anew" regardless of any ruling or decision of the justice. Any defense available to the defendant in justice court will also be available to him in the di

OPINION 60-39 May 17, 1960 (OPINION) CORPORATIONS RE: Corporate Farming Law - Corporate Feedlot This in reply to your request for the further clarification on the question whether a corporation would be barred or prohibited from operating a "feedlot" under chapter 10-06 of the N.D.R.C. of 1943. Basic facts are as follows: A group of local people contemplate an incorporated business venture for the purpose of owning and operating a feedlot. The principal operation would consist of buying range livestock for the purpose of feeding, upgrading, and then reselling in a few weeks

OPINION 60-131 May 13, 1960 (OPINION) HIGHWAYS RE: State Highway Department - Responsibilities of Commissioner - Employment and Discharge of Personnel Receipt of your request for an opinion as to your authority to employ and discharge employees of the State Highway Department is herewith acknowledged. Section 24-0203 of the 1957 Supplement to the N.D.R.C. of 1943 which was first enacted as Section 6 of Chapter 125, N.D.S.L. of 1933 provides that the Commissioner shall employ all engineers, assistants, clerks, agents, attorneys, and other employees, required for the proper transaction

OPINION 60-31 April 29, 1960(OPINION) BANKS AND BANKING RE: Credit Unions - Powers of This is in reply to your request for an opinion on the following question: May a state chartered credit union lend money to another state chartered credit union?" Section 6-0606, North Dakota Revised Code of 1943, in enumerating the "Powers of Credit Unions," lists these powers re loans in the following subsections of this section of the Code. . . . . 2. To make loans to members for provident or productive purposes; 3. To make loans to a cooperative society or other organization having membershi

OPINION 60-142 April 29, 1960 (OPINION) INSURANCE RE: Hospital Service Contracts - Jurisdiction of Insurance Commissioner This is in reply to your letter in which you state that on numerous occasions Blue Cross and Blue Shield filed rate increases with your department for your approval, and for that reason you had always assumed that you had jurisdiction over the rates of these associations. In October of 1959 the Blue Cross and Blue Shield filed another rate increase of twenty-four percent and twenty-nine percent respectively with your department for your approval. After a

OPINION 60-131 April 27, 1960(OPINION) HIGHWAYS RE: State Highway System - Fees Not Charged For Recording Instruments Your request for an official opinion construing the provisions of Section 24-0125 of the 1957 Supplement to the N.D.R.C. of 1943 is herewith acknowledged. Section 24-0125 provides in effect that no fees shall be charged for the recording or filing of documents required under the provisions of the highway law. (Chapter 177 Session Laws 19530). It is the opinion of this office that not only the deeds and easements in which the State of North Dakota for the use and benef

OPINION 60-154 April 25, 1960, (OPINION) JUSTICE COURT RE: Justice of the Peace - Supplantation by County Justice This is in reply to your letter in which you ask for advice and guidance relating to the office of justice of the peace. You state that chapter 268 of the 1959 Session Laws provides that the office of the justice of peace be abolished, but the board of county commissioners has made no decision as yet on the question of appointing a county justice. You further state that you have a gentleman who is circulating petitions for the purpose of being reelected to the o

OPINION 60-64 April 22, 1960(OPINION) COUNTIES RE: Number and Election of Officers - County Judge - Consolidation of Offices This is in reply to your request for an opinion wherein you state that the official census is being taken this year by the United States government and that you have reason to believe that the result of the census might disclose that your county will have a population of less than six thousand people. You then ask for an interpretation of 11-1002 N.D.R.C. of 1943 as to what effect it will have if you run for the office of county judge and are elected in 1960, and

OPINION 60-279 April 22, 1960 (OPINION) TAXATION RE: Tax Levies and Limitations - Tax Levy for Building Fund in School Districts Re: Section 57-1516 of the 1957 Supplement to the N.D.R.C. of 1943 We have received your letter of April 13, 1960, with reference to the above statute. The facts you state to be as follows: Hannaford Special School District was reorganized and became operative on July 1, 1959. The old Hannaford District had debts in the amount of eighty thousand dollars, forty thousand dollars was a bonded indebtedness which was assumed by the entire new distri

OPINION 60-101 April 22, 1960(OPINION) ELECTIONS RE: Concurrent Primary and Special Elections - Poll Lists and Poll Books For This is in reply to your letter of 25 March 1960 in which you ask, with regard to the forthcoming special and primary elections, this office to express its opinion as to, "whether or not the special election must be handled separate and apart so far as the registration of voters (poll list) and tally and summary are concerned or whether this vote can be included in the regular poll book with the tally and summary incorporated therein." Though the forthcoming sp

OPINION 60-202 April 19, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of Municipalities - Expenditure of Municipal Funds This is in reply to your letter of April 6, 1960 in which you state "The village of Flasher would like an opinion as to whether or not it is legal or lawful for the village of Flasher to pay the local utility company for street lighting electricity used on four privately (county) owned light poles which are located on private (county owned) property." You state further that county machinery is to be stored on the lighted property, that said property is wit

OPINION 60-87 April 12, 1960 (OPINION) EDUCATION RE: Powers and Duties of Common School District Officer - Pupils - Residence for School Purposes We have received your request of April 7, 1960, for an opinion with reference to the following matter: Harrison School District is located just outside the city of Minot, North Dakota. Dakota Boys Ranch is a licensed charitable child care agency and is located within Harrison School District. The home has a maximum capacity of thirty-two boys and presently is caring for twenty-five boys. Most of these boys have been placed in the home

OPINION 60-187 April 9, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body in - Rules of Procedure - Expelling Members Your letter of April 5, 1960, has been received and referred to me for reply. You state Burlington's president of the board of village trustees left Burlington last September and did not return until recently; that he was absent for approximately seven months; that in February "the other two board members appointed another man from that ward to take his place to serve out the rest of the term;" that the party appointed accepted the appointment, signed the o

OPINION 60-93 April 5, 1960(OPINION) EDUCATION RE: Reorganized School Districts - Discontinuance of Schools We have received your letter dated April 4, 1960, with reference to closing schools in reorganized districts. The facts in your case are as follows: Unity School District No. 80 in Petersburg, North Dakota, was recently reorganized. The plan provided for keeping open the elementary schools at Petersburg, Dahlen and Niagara. Now in order to reduce operating costs the district wishes to discontinue the seventh and eighth grades at Dahlen and Petersburg and send the pupils to th

OPINION 60-291 April 1, 1960(OPINION) WATERS RE: Water Conservation Commission - Water Supply Plant - Approval of State Dept. of Health Required This in in response to your letter of March 25, 1960, in which you ask two questions concerning the authority of the State Health Department to approve wells used in municipal water supply systems. Your first question is: 1. Is the policy of the North Dakota State Department of Health requiring, prior to the placing on the market for bids and the construction of municipal sewag

OPINION 60-73 March 31, 1960 (OPINION) COUNTIES RE: Salaries of County Officers - County Commissioners This is in reply to your request for an interpretation and construction of section 11-1010 of the 1957 Supplement. The complexity of the question apparently resulted from the fact that the expenditures, compensation, reimbursement, and so forth, are on a fiscal year basis, whereas the county commissioners' terms are four years, beginning with the first Monday of January succeeding their election. In other words, normally a commissioner leaves office on the first Monday of January, a

OPINION 60-46 March 30, 1960(OPINION) COUNTIES RE: County Budget - Transference of Funds - Poor Relief Funds This is in reply to your letter in which you state that on your recent examination of the offices of Pierce County your examiners found that the Board of County Commissioners transferred $1,500.00 of institutional funds and $12,000.00 of poor relief funds to the general fund of the county to provide funds for the general expenses of the county. You then ask whether such transfer is permissible and proper and whether they are required to be restored. As to the item relating to in

OPINION 60-124 March 30, 1960(OPINION) GOVERNMENTAL FINANCE RE: Depositories of Public Funds - Time of Designation Re: Chapter 21-04 - Depositories of Public Funds This is in reply to your letter in which you state that Williams County is confronted with the problem relating to the time when the County Commissioners may designate depositories of public funds. The question is whether or not the commissioners may designate depositories only during the regular meeting in January of each even numbered year or at some other time. The main question is with reference to the construction of S

OPINION 60-284 March 23, 1960 (OPINION) TOWNSHIPS RE: Powers of - Gifts This is in reply to your letter of March 21, 1960 in which you request the opinion of this office as to the legality of a proposed gift of one hundred dollars of township funds to the Red Cross, which proposed gift was unanimously voted by the electors of Eden Township at a regular township meeting. Section 58-0302 of the N.D.R.C. of 1943 provides that: No township shall possess or exercise any corporate powers except those enumerated in this chapter, those specially given by