North Dakota Attorney General Opinions

OPINION 60-68 March 18, 1960 (OPINION) COUNTIES RE: Public Libraries - Library Fund This is in reply to your request for an opinion of this office in regard to the handling of tax moneys raised by LaMoure and Logan Counties for rendering library service in such counties. You inform us that the two counties have jointly approved a plan for the rendering of such services under the Library Services Act, Pub. L. No. 597, Eighty-fourth Congress, and acts amendatory thereto. Pursuant to section 40-3802 of the 1957 Supplement to N.D.R.C of 1943, both counties have been levying one mill for a

OPINION 60-70 March 8, 1960 (OPINION) COUNTIES RE: Public Libraries - Petition for Establishment This is in reply to your letter of February 23, 1960, requesting the opinion of this office in regard to the number of signatures necessary to authorize a board of county commissioners to levy a library fund tax under the provisions of section 40-3802 of the 1957 Supplement to the North Dakota Revised Code of 1943. Section 40-3801 of the 1957 Supplement to the North Dakota Revised Code of 1943 provides: "Public Library and Reading Room - Establishment - Election. Th

OPINION 60-135 March 2, 1960(OPINION) INSANE, FEEBLEMINDED, ETC. RE: Expense and Care of Patients - Person Legally Responsible This is in reply to your request for an opinion on the question whether or not the father, mother or guardian would be personally responsible for the support of their child at the state school. You also ask, "If so, to what age would this liability for support continue? In other words, would liability for support of child end at majority?" The question pertains to Chapter 25-08 of the N.D.R.C. as amended. More specifically, the provisions of Section 25-0822 o

OPINION 60-108 March 1, 1960 (OPINION) ELECTIONS RE: Special Elections - Absent Voters' Ballots This is in reply to your request for an opinion whether or not absent voters ballots for the senatorial election to be held in conjunction with the primary election this year can be used. The North Dakota Supreme Court had under consideration a similar question in the case of State ex rel Lanier v. Hall, 23 N.W.2d. 44, 74 N.D. 426. In this case the court held that absent voters' ballots may be cast only at general and primary elections. The court further pointed out that the mere fact that

OPINION 60-198 February 25, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of - Exchange of Realty This office is in receipt of your opinion request of February 16, 1960. You state: (1) that several years ago the City of Mandan, which operates under the commission form of government, purchased a substantial amount of real property in what is known as the Henke Flats, for the purpose of storing and ponding the flood waters of the Heat River and as a future site for a sewage lagoon: (2) that the subsequently created Lower Heart River Water Conservation and Flood Control District enco

OPINION 60-259 February 18, 1960 (OPINION) STATE HISTORICAL SOCIETY AND STATE PARKS RE: Committees - Authority to Acquire Property This is in reply to your letter in regard to the leasing of two tracts of land which have been developed for recreation on the Garrison Reservoir. You inform us that the State Parks Committee has made application to the Corps of Engineers for the lease of said two tracts of land. The lease contemplates a term of twenty-five years or more. The lease would be given to the state without cost. The State Historical Society generally and the State Parks Commit

OPINION 60-248 February 10, 1960 (OPINION) STATE GOVERNMENT RE: Emergency Commission - Payment of Expenses of Special Labor Law Committee from State Contingency Fund This is in response to your letter in which you state that: "House Concurrent Resolution 'G-2' authorized the Governor to appoint a special committee consisting of members of the Legislative Assembly, the general public, and such other persons as the Governor may determine to study and examine the labor laws of the State of North Dakota during the 1959-61 biennium and to make its report and recommendations to the Governor

OPINION 60-151 February 10, 1960 (OPINION) STATE GOVERNMENT RE: Legislative Assembly - Members Constitutional Ineligibility for Other Civil Office, When This is in reply to your letter in which you ask for an interpretation of the N. D. laws and constitutional provision. You set forth Section 39, Article 2 of the North Dakota Constitution which reads as follows: "No member of the legislative assembly shall, during the term for which he was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments

OPINION 60-280 February 2, 1960 (OPINION) TAXATION RE: Township Board of Equalization - Raising of Valuation - Notice This is in reply to your letter of January 27, 1960 requesting an opinion on interpretation of section 57-0904 of the N.D.R.C. of 1943. The language in question is as follows: . . . . The assessment of the property of any person shall not be raised until such person shall have been notified of the intent of the board to raise the same. . . ." The North Dakota Supreme Court in Martin v. County of Burleigh, 38 N.D. 373 (165 N.W. 520) had under consideration a similar s

OPINION 60-184 January 28, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body - Change of Ward Boundaries - Aldermen This is in reply to your question whether an alderman who was duly elected can continue to hold such office until his successor is duly elected and qualified after a change in boundaries was accomplished placing him in another ward, or whether such would declare the office vacant immediately upon the establishment of new boundaries. The section of law which is involved is 40-0805 of the 1957 Supplement, which as material to the question is: No person shall be elig

OPINION 60-33 January 25, 1960 (OPINION) BUILDING AND LOAN ASSOCIATIONS RE: Organization, Etc. - Supervision by State Banking Board This is in reply to your question whether or not a savings and loan association must first submit any change to its articles of incorporation to the State Banking Board for its approval before submitting such changes to the Secretary of State for filing. Under section 7-0103 of the 1957 Supplement of the N.D.R.C. of 1943 the last paragraph states: Immediately upon the preparation of such articles of incorporation, and before the same are filed in the offi

OPINION 60-204 January 21, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Public Recreation System - Funds This is in reply to your letter of January 18, 1960 in regard to the handling of funds collected by a two and a half mill tax levy for a city recreation system pursuant to section 40-5509 of the 1957 Supplement to the N.D.R.C. of 1943. You point out that the Public Recreation System Act, (chapter 40-55 of the 1957 Supplement to the N.D.R.C. of 1943), does not specifically set out the manner of handling the moneys collected. You express the opinion that the funds would be payable

OPINION 60-38 January 12, 1960 (OPINION) CORPORATIONS RE: Business Corporation Act - Penalties Imposed Upon Corporations - Failure to File Annual Report This is in reply to your request for an interpretation and construction of section 10-2303 of the 1957 Supplement to the N.D.R.C. of 1943. The material portion of this section as pertaining to your question is: PENALTIES IMPOSED UPON CORPORATIONS. Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year within the time prescribed by this Act (chapters 10-19, 10-20, 10-21, 10-22, a

OPINION 60-94 January 6, 1960 (OPINION) EDUCATION RE: Sale of Original Grant Lands - Bid Computation This is in reply to your letter of December 29, 1959, requesting an opinion of this office in regard to the sale of original grant school or institutional lands identified as Lots 1, 2, 3, and 4 of Section 36-129-79 Emmons County. You inform us that the original grant to the State of North Dakota indicated that said Lots 1, 2, 3, and 4 of Section 36-129-79 comprised 129.50 acres. As of the last inspection of same, dated December 17, 1959, only 14 acres of said description remained out

OPINION 60-295 January 4, 1960 (OPINION) WORKMEN'S COMPENSATION RE: Boiler Inspector - General Requirement - Exception This is in reply to your request for an opinion on chapter 65-12 of the 1957 Supplement to the N.D.R.C. of 1943. The main question apparently is the meaning of the word "in" as found in subsection 3 of section 65-1204 which provides as follows: GENERAL REQUIREMENT. . . . Nothing in this Act (chapter) shall be construed to apply to: . . . . 3. Boilers carrying a pressure of not more than fifteen pounds per square inch which are equipped with safety devices

OPINION 59-289 December 31, 1959 (OPINION) WATERS RE: Water Conservation and Flood Control Districts - Power of Board - Removal of Culverts Attorney Norton M. Hatlie of Wahpeton, North Dakota, has forwarded to this office your letter addressed to him under date of December 9, 1959 in which you requested him to secure our opinion as to whether the Board of Commissioners of Water Conservation and Flood Control District No. 1 "has the authority to remove, or cause to be removed, culverts and bridges which conduct water from unassessed lands from entering drainage areas of legal dr

OPINION 59-15 December 29, 1959 (OPINION) AGRICULTURE RE: Dairy Products Promotion Commission - Power to Furnish Funds for Awards This is in reply to your request for an opinion whether or not the North Dakota Dairy Products Promotion Commission may furnish funds to the State Director of Agricultural Education for the purpose of making awards at the state dairy show. The North Dakota Dairy Products Promotion Commission was created by Chapter 93 of the 1959 Session Laws. Its purpose is set out in Section 2 of the act. Subsection 1 thereof provides: To promote the sale and d

OPINION 59-281 December 18, 1959 (OPINION) TAXATION RE: Use Tax - Imposition on Motor Vehicles This is a reply to your request for my opinion which you made in your letter of December tenth. Your letter is quoted in full as follows: Your opinion is respectfully requested on the question of whether the motor vehicle registrar can collect the two percent excise tax imposed by section 57-4012 in any case where the motor vehicle has been previously registered in another state before being brought into North Dakota and registered here. The question has arisen in connection with a

OPINION 59-222 December 16, 1959 (OPINION) OFFICES AND OFFICERS RE: Duties of Officers - Nepotism; Prevention of - Applicability to Superintendents of State Institutions This is in reply to your request for an opinion on the question whether or not superintendents of state institutions (State Training School) under your jurisdiction come under section 44-0409 of the N.D.R.C. of 1943. You called to our attention that section 44-0408 specifically mentions state institutions and state boards, but section 44-0409, the one in question, merely mentions executive and administrative d

OPINION 59-260 December 10, 1959 (OPINION) TAXATION RE: Gross Estate - Inclusion of Value of Certain Property This is in reply to your letter of December 1, 1959, requesting the opinion of this office with regard to the question of whether or not the value of property transferred by a decedent during his lifetime, in which he reserved to himself a life estate and for which transfer he received no monetary consideration, is includable in the decedent's gross estate for North Dakota estate tax purposes. The statute which is applicable to this situation is section 57-3704 of the N

OPINION 59-286 December 8, 1959 (OPINION) TOWNSHIPS RE: Unincorporated Village - Street Lights - Payment of Electrical Costs This is in reply to your letter requesting a further interpretation of chapter 58-16 of the 1957 Supplement to the N.D.R.C. of 1943. You inform us that an unincorporated village in your county has for many years had street lights. The cost of electricity used has been paid for from an unofficial assessment and collection from lot owners in said unincorporated village. You call attention to a previous opinion of this office holding in effect that while

OPINION 59-121 December 7, 1959 (OPINION) GOVERNMENTAL FINANCE RE: Bonds - Recreational Building - Proposed County and City Project This is in reply to your request for an opinion of this office in regard to the authority of Burleigh County to join with the city of Bismarck in the financing of a building or buildings which are to be used for recreation, as a youth center, as a public library and for various athletic contests, and shows. The proposed project would apparently require that bonds of both the county and city be issued. You point out that chapter 21-03 of the N.D.R.

OPINION 59-110 December 4, 1959 (OPINION) FIRES RE: Fire Fighting Equipment - Township Contract - Duration This is in reply to your letter of December 1, 1959, relative to section 18-0610 of the 1957 Supplement to the North Dakota Revised Code of 1943. Your question is whether, under section 18-0610 of the 1957 Supplement to the North Dakota Revised Code of 1943, the township boards can be authorized to contract for a designated sum for fire protection to be paid annually for a number of years or must such contract be reconsidered each year at the annual township meeting. Sect

OPINION 59-243 November 25, 1959 SOCIAL SECURITY - Public Employees - Political Subdivisions - Division of Retirement System This is in reply to your letter in which you state that a question has been raised in regard to the State of North Dakota’s so called “Social Security enabling legislation” chapter 52-10 as it may relate to section 281(d)(5)(C) of the Social Security Act. You then ask for an opinion whether or not chapter 51-10 of the 1957 Supplement to the North Dakota Revised Code of 1942 as amended would permit political subdivisions such as a city to divide t

OPINION 59-241 November 25, 1959 (OPINION) SOCIAL SECURITY RE: Public Employees - Contributions - National Guard Civilian Employees This is in reply to your request for an opinion whether or not contributions or taxes as set forth in subsection d, section 52-1004 as amended in the 1959 legislature are to be paid for National Guard civilian employees. The section referred to provides as follows: "In addition to the contributions required in subsection a of this section, every employer shall be required to pay for the period of coverage, into the contribution fund established by

OPINION 59-288 November 23, 1959 (OPINION) WAREHOUSING AND DEPOSITS RE: Grain and Seed Warehouses - License We have received your letter of November 16, 1959, in which you request an opinion on the question of whether a grain warehouseman who has obtained a license from the Federal Government to operate as such must also obtain a license from the Public Service Commission in accordance with the provisions of Title 60-02, N.D.R.C. of 1943. In the case of Rice v. Santa Fe Elevator Corp., 221 U.S. 218 (1947), 91 L. Ed. 1447, the Supreme Court of the United States held that the Fed

OPINION 59-238 November 13, 1959 (OPINION) PUBLIC BUILDINGS RE: General regulations - Use of Native Fuel Products - Fuel Oil This is in reference to your letter in which you state that the institutions of higher learning are now using coal or gas as fuel at the several institutions. They are presently considering installing a heating plant or boiler that will use oil as a fuel. You then ask if it is permissible under the Constitution or statutes of North Dakota to use oil as a fuel. Section 48-0502 of the North Dakota Revised Code of 1943 as is material here provides that:

OPINION 59-88 November 12, 1959 (OPINION) EDUCATION RE: Powers and Duties of Common School District Officers - Reopening of School Re: Section 15-2509, N.D.R.C. 1943 as amended by Chapter 175, 1959 Session Laws: Boone School District This is in reply to your letter of November 4, 1959, concerning the above cited statute. You state facts as follows: "There is a rural school in Boone Township, which shall be hereinafter referred to as school A, which has been closed for some years. The parents of six children live one and one-half miles, one and one-half miles, one mile

OPINION 59-277 November 9, 1959 (OPINION) TAXATION RE: Special Fuels Tax Levy - Tax Levied - Applicability to Institutions of Higher Learning This is in reply to your request for an opinion whether or not the special fuel tax levy as provided for in chapter 381 of the 1959 Session Laws is applicable to institutions of higher learning. Section 2 of this Act provides: TAX LEVIED. There is hereby levied and imposed a special excise tax on all sales of special fuel which are exempted from the tax imposed under chapter 57-52 of the 1957 Supplement to the N.D.R.C. of 1943 as amend

November 4, 1959 (OPINION) WATERS RE: Water Conservation Commission - Powers of - Cancellation of Balance on District's Warrant - Merger of Districts We are in receipt of your letter under date of October 26, 1959, in which you say that in October of 1944 the Yellowstone Pumping Irrigation District issued its warrant to the State Water Conservation Commission to evidence a loan in the sum of thirty-five hundred dollars to enable the district to construct certain irrigation facilities. You say that the irrigation district made assessments to pay the Commission the amount of the

OPINION 59-18 October 28, 1959 (OPINION) AGRICULTURE RE: State Wheat Commission - Regulation - Revenue and Expenditures This is in reply to your request for an opinion on the following questions: 1. Is the commission created by this legislative Act an administrative agency becoming a part of the state government, thereby subject to any regulatory statutes pertaining to state agencies found elsewhere in the 1943 Revised Code of North Dakota and amendments thereto, not conflicting with the provisions of said act? 2. Under section 8 of the above mentioned Act, does the reven

October 23, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Improvements by Special Assessment Method - Improvement District - Inclusion and Assessment of Grounds of State Institution of Higher Learning This is in reply to your letter of October 13, 1959, in regard to the possibility of annexing the remainder of the grounds of the North Dakota Agricultural College to the city of Fargo, creating a special improvement district including such grounds, building a new and necessary water main furnishing to the school, water needed for consumption and fire protection and specially assessing said ground

OPINION 59-130 October 23, 1959 (OPINION) HIGHWAYS RE: Opening and Vacating - Access to Highway - Petition to Establish Cartway Your letter dated October 16, 1959, asking several questions concerning jurisdiction and obligation of the county and township under the provisions of Section 24-0706 of the N.D.R.C. of 1943, is herewith acknowledged. This office agrees with your conclusion that either the Board of County Commissioners or the Board of Township Supervisors may, upon being petitioned to do so, open a cartway or byroad in order to provide access to a public highway. Su

OPINION 59-28 October 14, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Sale and Taxation - Township Beer or Liquor Licenses - Issuance of to Vendee of Licensee We have your letter of October 8, 1959, with reference to interpretation of section 5-03031 of the 1957 Supplement to the North Dakota Revised Code of 1943 which reads as follows: TOWNSHIP BEER OR LIQUOR LICENSES. No retail beer or liquor license shall be issued in any organized township in this state by the board of county commissioners without the written consent of the township supervisors of such township. The provisi

OPINION 59-41 October 9, 1959 (OPINION) CORPORATIONS RE: Transfer of Real Estate - Validity of Deed This is in reply to your letter of 30 September 1959 in regard to the nonprofit corporation called the McIntosh County Fair Association. You inform us that the corporation was organized in 1936 or 1937. Bylaws of the corporation provide for an annual meeting of the stockholders to be held on the first Tuesday of October of each year. Apparently only one of the annual meetings was held on the first Tuesday of October. Several annual meetings were held thereafter but none has bee

OPINION 59-210 October 6, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Special Assessment Funds and Disbursements Thereof - Interest and Penalties - Improper Distribution Re: Penalty and Interest on Unpaid Special Assessments This is in reply to your letter in which you ask an opinion on the following facts: In the early part of 1959, the City Auditor's office discovered that the County Treasurer of Burleigh County was not paying over to the City Treasurer of the City of Bismarck interest and penalty which he had added to special assessments, and which he had collected under Sect

OPINION 59-99 September 28, 1959 (OPINION) EDUCATION RE: Teachers' Insurance and Retirement Fund - Military Service in War Counted as Teaching Service - Payment of Assessment This is in reply to your request for an opinion and interpretation of section 15-3936 as amended by the 1959 Legislature. Your first question relates to teachers serving in the armed forces who may count such time for teaching service upon paying the assessments for such time. The specific question is, "Does this assessment mean only the teacher's assessments, or must it also include the matching for sam

OPINION 59-246 September 28, 1959 (OPINION) SPORTS AND AMUSEMENTS RE: Dances and Dancing Places - Public Dance - "Platter Parties" This is in reply to your letter of September 23, 1959, requesting the opinion of this office on the following matter: You state that a radio station, as part of their advertising, holds "platter parties" in various parts of your county. On certain occasions they will hire a dance band and on other occasions they use records. Evidently dancing is a part of these events. You further state that admission is charged and the event is open to anyone,

OPINION 59-91 September 25, 1959 (OPINION) EDUCATION RE: Reorganization of School Districts - Annexation of Remaining Portions of Reorganized District We have received your inquiry of September 25, 1959, with reference to interpretation of section 15-5326 of the 1957 Supplement to the North Dakota Revised Code of 1943. The problem involves the meaning of the word "adjacent" as used in that statute. Section 15-5326 reads as follows: "ANNEXATION OF REMAINING PORTIONS OF REORGANIZED DISTRICT TO OTHER DISTRICTS. When a portion of any common or special school district has becom

OPINION 59-56 September 25, 1959 (OPINION) COUNTIES RE: Memorials - Joining With Another Entity - Expending of Memorial Fund - Responsibility of County This is in reply to your request for an opinion relating to the expenditure of memorial levy funds. You ask, does chapter 11-11 of the North Dakota Revised Code of 1943 as amended governing the construction and erection of buildings by counties in excess of one thousand dollars control where the county joins with a park board or some other entity in constructing or erecting such memorial. I presume you refer to section 11-3203

OPINION 59-195 September 24, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Ordinances - Fines and Forfeitures for Violation of Ordinances Paid Into Municipal Treasury - Insurance Proceeds This is in reply to your letter of September 11, 1959, in regard to the use of particular funds apparently held by the police department of your city. You inform us that the said police department has certain funds which have accrued from penalties and fees charged for storage of vehicles impounded on the streets of Fargo. Also, the department has a draft representing insurance proceeds for a dama

OPINION 59-182 September 23, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Employees' Pensions in Cities - Refund of Contributions This is in reply to your letter of September 16, 1959, requesting the opinion of this office with regard to section 40-4620 of the 1957 Supplement to the North Dakota Revised Code of 1943 as amended by Section 4 of Chapter 310 of the 1959 Session Laws. This section provides as follows: EMPLOYEE ENTITLED TO REFUND FROM FUND UPON TERMINATION OF EMPLOYMENT WITH CITY OR UPON COVERAGE UNDER FEDERAL SOCIAL SECURITY. Any employee who shall have been in the ser

OPINION 59-14 September 23, 1959 (OPINION) AGRICULTURE RE: Dairy Products Promotion Commission - Assessment - Milk Destined for Out-of-State Milk Plants This is in reply to your request for an opinion on the provisions of House Bill 620 which is Chapter 93 of the 1959 Session Laws. The question relates to fluid milk being picked up by bulk tankers for out-of-state milk plants. More specifically, the milk is produced on North Dakota farms or dairy farms and is placed in bulk tanks from which the milk is picked up by tanker trucks owned and operated by an out-of-state milk pl

OPINION 59-58 September 17, 1959 (OPINION) COUNTIES RE: Memorials - Joining With Another Entity - Village Town Hall as Memorial This is in reply to your letter of September 10, 1959, in which you request the opinion of this office on the following matter: You state that the village board of Almont, Morton County, proposes the construction and erection of a village town hall and has requested the Board of County Commissioners of Morton County to dedicate said town hall in the memory of the war dead of this country, and to use approximately five thousand dollars of the memorial

OPINION 59-29 September 12, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Subsidies By Dealers and Manufacturers - Subsidizing Prohibited Retailer's Ownership of Stock in Brewery This is in reply to your request for an opinion on the question whether or not a retailer in alcoholic beverages is prohibited from purchasing or owning stock in a brewery corporation under the North Dakota Laws. It is presumably chapter 5-06 of the 1957 Supplement, or more specifically 5-0602 entitled "Subsidizing Prohibited" which gives rise to this question. This section in substance provides that no ma

OPINION 59-28 September 10, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Minors - Possession By In your letter of September second you ask whether, under Section 1 of Chapter 100, 159 Session Laws, which section in part reads: It shall be unlawful for any person under the age of twenty-one years to purchase or attempt to purchase or have in his possession in this state any intoxicating liquor* * *, you can charge all of the minors in a automobile in which intoxicating liquor is found in possession of same, or "must we merely charge the one minor in whose possession we find the intox

OPINION 59-16 September 2, 1959 (OPINION) AGRICULTURE RE: Potato Improvement - Expenditure of Funds for Salaries and Travel - Regulation This is in response to your letter of August 27, 1959, in which you state that you recently entered into a cooperative agreement with the Red River Potato Control Board to promote better quality and expand outlets for potatoes. You advise that in order to qualify, the board had to clear its project through your department which will be responsible for the expenditure of federal funds. You also state that your department has assumed such re