North Dakota Attorney General Opinions

OPINION 59-285 March 24, 1959 (OPINION) TOWNSHIPS RE: Powers of Townships - Contribution for Extra - Township Memorial Construction Unauthorized I have received your letter of March 20, 1959, requesting our opinion on whether or not Thelma Township in Burleigh County may Contribute one thousand dollars to Driscoll Township for the construction of a memorial building in the town of Driscoll. This memorial building would be beyond the confines of Thelma Township. You add further that it is your view that the township would have no authority to use its funds for a memorial bui

OPINION 59-286 March 24, 1959 (OPINION) TOWNSHIPS RE: Powers of Township - Tax Levy for Community Chest, Unauthorized I have received your letter of March 20, 1959, in which you state this question: "Is it legally possible for the township, with the consent of the electors given at its annual township meeting, to levy a tax for a township community chest to cover the normal charity drives conducted in the township each year?" You state that you have searched the statutes and that you have found no authority for levying a tax for a community chest, but some of the electors ins

OPINION 59-80 March 19, 1959 (OPINION) DEPUTIES RE: Authority, General - Authority - Acknowledgments This is in reply to your letter of March 17, 1959, in which you ask how far an elected official can delegate authority to his or her deputy. Section 1-01111 of the North Dakota Revised Code of 1943 provides: "AUTHORITY OF DEPUTIES. Any duty imposed upon a ministerial officer, and any act permitted to be done by him, unless otherwise provided, may be performed by his lawful deputy." You also ask if a deputy is authorized to take acknowledgments, is he or she authorized to take

OPINION 59-273 March 17, 1959 (OPINION) TAXATION RE: Refund Motor Fuel Tax - Unclaimed Refunds - Aviation Gasoline Fuel Tax This is in reply to your request for an opinion dated January 22, 1959. You state that the aeronautics commission has requested that you pay over to them all of the unclaimed refund taxes on aviation fuel. You ask for an opinion whether or not you are required to or may pay these unclaimed refunds as set out in section 57-5001 to the aeronautics commission. The laws pertaining to gasoline taxes and refunds have been numerous and have been modified many

OPINION 59-11 March 13, 1959 (OPINION) AGRICULTURE RE: Agricultural Fair Association - Levy for Building Repair - Election This is in reply to your letter of March 5, 1959 in regard to aid for the Burke County Fair. You call our attention to county levies over and above the one-fourth mill levy provided for in section 4-0227 generally and call our attention to the levy provided for in section 4-0232. Your question is stated specifically as: "Can the County Commissioners make a levy over and above the one-fourth mill provided for in section 4-0227 for the purpose of repairi

OPINION 59-72 March 12, 1959 (OPINION) COUNTIES RE: Register of Deeds - Fees - Certified Copy This is in reply to your request for an interpretation of section 11-1805 of the 1957 Supplement to the North Dakota Revised Code of 1943. The particular question is as follows: "If an instrument is presented for recording and a duplicate copy of the same instrument is presented for certifying as a certified copy of the recorded instrument, does section I and section J apply to the certified copy?" Subsection I of the above section is as follows: "For a certificate and seal, fifty c

OPINION 59-158 March 12, 1959 (OPINION) LEGISLATIVE DEPARTMENT RE: Referred Measure, Approved - Effective When I have received your letter of March 10, 1959, in which you request an opinion from this office in regard to the referral of the congressional redistricting bill which was passed by the recent legislative assembly. Your specific question is this: "If this measure is referred to the primary election of 1960, and is sustained by the voters, will the redistricting be effective in the general election of 1960?" Section 25 of Article II of the Constitution of North Dakota

OPINION 59-214 March 5, 1959 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Abstractors - Authority - Place This is in reply to your letter of February thirteenth in which you request an opinion on the question whether a certified abstractor having a place of business in one county may abstract titles of land and etc. in other counties in which he has no place of business. As you pointed out in your letter this question apparently is controlled by sections 43-0109 and 43-0115 of the 1957 Supplement to the North Dakota Revised Code of 1943. The abstracting profession generally is g

OPINION 59-201 March 3, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of Municipalities - Curfew Ordinances This is in reply to your letter of February 25, 1959, in which you state the following facts: The city council passed a curfew ordinance, which provides among other things that minors under eighteen shall not ride in cars after 10:30 p.m. unless certain conditions are met. It further provides that our police may arrest the violator without a warrant. It was later amended to provide that the parent of the minor who violates this ordinance shall also be guilty of viol

OPINION 59-133 February 23, 1959 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: Care of Blind - Blind School Funds - Pupils Sent Out of State This is in reply to your inquiry as to whether moneys now received for the blind school would follow pupils if sent out of the state of North Dakota. The moneys to which reference is made are, we assume, the earnings of the funds created by the grant contained in section 17 of the Enabling Act of this state is terms as follows in so far as here applicable: That in lieu of the grant of land for purposes of internal improvement, made to new stat

OPINION 59-207 February 13, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Revenue Bond Law - Liability of Municipality for Bonds This is in reply to your request for an opinion on the following question: If a municipality were to undertake the processing, refining, or milling of uranium bearing lignite in plants or mills owned by the city under the proposed amendment set out below, would the revenue raising bonds issued by the municipality to accomplish this constitute a general obligation of a municipality? The proposed amendment is as follows: 6. The processing, refining, or

OPINION 59-240 February 5, 1959 (OPINION) SOCIAL SECURITY RE: Federal State Agreement - Effective When This is in reply to a request for an opinion on the following facts: Your office prepared a number of agreement modifications in connection with Social Security coverage for teachers with effective dates from and between July 1, 1958, and October 1, 1958. These modifications required the approval and signature of the governor. The agreements were submitted to the governor for approval and signature. They were approved and signed by the governor on December 31, 1958, and we

OPINION 59-146 February 4, 1959 (OPINION) INSURANCE RE: Nonprofit Medical Service Corporations - Annual Statement - Filing Can Be Compelled This is in response to your letter of January 30, 1959 in which you asked for an opinion whether or not a penalty could or would be imposed upon a "nonprofit medical service corporation" for failure to file an annual statement. The nonprofit medical service corporation is governed by the provisions of chapter 26-27 of the 1957 Supplement to the N.D.R.C. of 1943. The annual statement referred to presumably is the one provided for in secti

OPINION 59-107 January 26, 1959 (OPINION) ELECTION RE: Returns - County Canvassing Board, Members - Clerk of District C We have your letter of January 23, 1959, in which you request the opinion of this office concerning section 16-1314 of the 1957 Supplement to the North Dakota Revised Code of 1943. You state there is some difference of opinion in your county as to whether the amendment eliminates the clerk of the district court as a member of the county canvassing board. The composition of the county canvassing board is determined by section 16-1313 of the North Dakota Revised

OPINION 59-175 January 20, 1959 (OPINION) MOTOR VEHICLES RE: Registration - Used Car Lots; Location This is in reply to your letter of January 12, 1959, in which you state that an automobile salesman living in a small town some sixty miles from Bismarck sells cars for a Bismarck firm. On occasion he has several cars parked in his yard for sale to the public. You further state that your department has taken the position that a salesman may have in his possession one vehicle for demonstrating purposes but may not have an accumulation of vehicles. You then ask for an opinion

OPINION 59-250 January 19, 1959 (OPINION) STATE GOVERNMENT RE: Institutions Under Control of Board of Administration - Use of Inmate Labor - Construction and Repair of Institutional Buildings This is in reply to your letter of January 15, 1959 regarding the use of prison labor in the construction, alteration and repair of buildings at the penitentiary where the amount of such work is in excess of three thousand dollars. You call our attention to section 54-2345 and 48-0202 of the N.D.R.C. of 1943. Your question is whether prison labor can be used in projects involving more

OPINION 59-64 January 5, 1959 (OPINION) COUNTIES RE: Memorials - Scholarship Fund - Not Memorial Within Statute I have your letter of December 31, 1958. In your letter you raise a question concerning the spending of moneys of a memorial fund - (See section 11-3201 of the 1957 Supplement to the North Dakota Revised Code of 1943). Your specific question is "Can the board of county commissioners under chapter 118 set up a scholarship fund, the interest which is to be used for scholarships, as a proper memorial under this chapter?" You add that it is your thought that the clau

OPINION 58-10 December 18, 1958 (OPINION) AERONAUTICS RE: Commission - Aircraft Registration; Fees - Township Entitled to Remittances This is in reply to your request for an opinion of this office as to whether or not the term "municipality" used in section 2-0511 of the 1957 Supplement to the North Dakota Revised Code of 1943 could be construed to include a political subdivision such as a township. You explain that the question has come about by the fact that a small hamlet would like a landing strip and has asked the Aeronautics Commission if assistance would be available.

OPINION 58-84 December 5, 1958 (OPINION) EDUCATION RE: General Provisions - Change in District Boundaries - Equalization of Indebtedness We have received your letter of November 21, 1958, with reference to a school annexation problem. The facts which gave rise to your problem are as follows: A portion of Broadview School District of Griggs County was annexed to Willow Lake Special School District of Steele County. The board of arbitration determined that the share of the annexed area of cash assets was $1361.64, which amount was transferred to the Willow Lake District. The

OPINION 58-278 December 4, 1958 (OPINION) TAXATION RE: Special Fuels Tax - River Ferry Fuel Not Subject to Re: Special Fuels Tax - Applicatio to Fuel Used in Ferry Boats n This is in regard to the application of the Special Fuels Tax Act (Chapter 57-52 of the 1957 Supplement to the N.D.R.C. of 1943) to fuels purchased and used in the operation of a ferry across the Missouri River between Williams and Mckenzie Counties in this State. The tax concerned is imposed upon the sale of delivery of special fuel to any fuel user, on a per gallon basis. (Section 57-5204 1957 Supp.)

OPINION 58-61 November 19, 1958 (OPINION) COUNTIES RE: Memorials - Memorial Fund - Expenditure to Pay Lien on Memorial This is in reply to letter in regard to disposition of Korean memorial levy funds. You inform us that a part of the Burke County World War II memorial levy was designated for the erection of a Veteran's Memorial Hall in the city of Powers Lake. The building could not be completed, so the Legion organization borrowed money from a bank in Stanley to complete the hall to an extent sufficient to enable it to be used. Subsequently, the board of county commissioner

OPINION 58-186 November 17, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body - Publication of Proceedings Mandatory This is in reply to your request for an opinion of this office in regard to the publication of the proceedings of your city council pursuant to section 40-0812 of the North Dakota Revised Code of 1943. You first question is stated as: "In view of the above statutes, is it mandatory that the minutes of the regular meetings of the Hebron City Council be published?" You will note that the statute uses the word "shall" rather than "may". From such language

OPINION 58-173 November 6, 1958 (OPINION) MOTOR VEHICLES RE: Registration - Dealers' Licenses - Established Place of Business Re: Motor Vehicle Dealers' Licenses Section 39-0459 of the 1957 Supplement to the North Dakota Revised Code of 1943, governing issuance of motor vehicle dealers' licenses as presently constituted, provides in part that: . . . . No application shall be granted nor a license issued to anyone until and unless the applicant shall furnish proof satisfactory to the registrar of the fact that the applicant has an established place of business, and has facilit

OPINION 58-138 November 5, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: Proposed Site for Blind School - Acquisition of Title Re: Proposed Site for Blind School, Grand Forks, North Dakota In reference to your letter of October 17, 1958, you state that the Board of Administration desires a larger site for the location of the School for the Blind at Grand Forks, North Dakota. The letter of Shaft, Benson and Shaft, Attorneys at Law, which you have attached to your letter, states that the proposed site is part of a tract of land (N.E. \ of Section 5 Township 151 Range 50, Grand

OPINION 58-85 October 15, 1958 (OPINION) EDUCATION RE: Institutional Holding Associations - Faculty Housing We have received your letter dated October 9, 1958, wherein you ask whether institutional holding associations can construct faculty housing on the campuses of our institutions of higher learning with the consent of the Board of Higher Education. Chapter 15-17 of the 1943 code provides for the formation of institutional holding associations for the erection of dormitories on or near the campuses of our institutions of higher learning, such dormitories to be used solely fo

OPINION 58-82 October 13, 1958 (OPINION) EDUCATION RE: Construction of Revenue Producing Buildings - Contracts with Federal Agencies - Authorized Buildings This is in reply to your letter in regard to acquiring Federal Housing and Home Finance Agency advances for planning the construction of proposed buildings at the various institutions under the control of your board and more particularly at this time for the planning of the construction of a new administration building at the University of North Dakota. From the context of your letter and the enclosures thereto, it is our u

OPINION 58-137 October 13, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: General Provisions - Transfer of Patients This is in reply to your request for an opinion of this office in regard to the transfer of patients from the Grafton State School for the Feebleminded to the San Haven State School for the Feebleminded. You call our attention to the amendment of section 25-0102 of the N.D.R.C. of 1943 by chapter 197 of the Session Laws of 1957, providing for the transfer of patients between the Grafton State School and the San Haven State School. You also call our attention to t

OPINION 58-167 October 10, 1958 (OPINION) MINING AND GAS AND OIL PRODUCTION RE: Control of Gas and Oil Resources - Jurisdiction of Commission - Bonds This is in reply to your letter of October 7, 1958, requesting an opinion of this office in regard to the drilling bond required by the North Dakota State Industrial Commission. Your questions are stated as: 1. In the case of our drilling bond Form-3-a which is a $10,000.00 bond, is the liability of the Surety Company limited to $10,000.00 or is their liability limited to getting the job done that is necessary to be done even i

OPINION 58-77 October 9, 1958 (OPINION) CRIMES AND PUNISHMENTS RE: State Training School - Term of Commitment This is in reply to your request for an opinion of this office in regard to the term of commitment of juveniles to the State Training School. You call our attention to sections 12-4615 and 12-4613 of the North Dakota Revised Code of 1943 as follows: "12-4615. Contents of order or commitment. Every order of commitment to the state training school shall specify the date, as near as may be ascertained by the juvenile court, at which the accused will attain majority.

OPINION 58-101 October 9, 1958 (OPINION) EDUCATION RE: Trade and Correspondence Schools - License Pursuant to your request of October 7, 1958, please be advised that it is the opinion of the Attorney General that a school such as the National Business School of Rapid City, South Dakota is included in the definition of private trade and correspondence schools as defined in section 15-5001 of the North Dakota Revised Code of 1943. Accordingly, it is necessary for that school to obtain a license from your department before soliciting students in North Dakota. LESLIE R. BURGUM Att

OPINION 58-234 October 8, 1958 (OPINION) PRINTING LAWS RE: Official Newspaper - Qualifications This is in reply to your letter of October 4, 1958 in regard to election of official county newspapers. You inform us that there are two newspapers involved. One, the Billings County Pioneer, has been the official newspaper of Billings County for twenty or more years. The last eight or nine years the paper is claimed to be published in Medora, Billings County, having as its managing editor one Alice L. Lebo of Medora. The paper is mailed from Medora. The actual printing of the

OPINION 58-215 September 26, 1958 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Contractors - Licenses - Classifications of This is in reply to your letter of September 19, 1958, in which you express some concern whether or not your office is properly conforming to the provisions of Chapter 43-07 in the issuing of contractors' licenses. You state that previously licenses were issued in four classifications as provided by section 43-0707 but while such licenses limit the licensee as to the dollar amount which he can bid it does not limit the licensee as to the type of work on whic

OPINION 58-173 September 26, 1958 (OPINION) MOTOR VEHICLES RE: General Provisions - Prohibition of Parking Meters - Meters on Private Property Your letter of September 25, 1958, has been received in this office. In your letter you state that the city of Jamestown is now in the process of entering into a new lease with the Northern Pacific Railway Company covering certain properties in your city. This will be a term lease and under the arrangement that you have with the railway company it is mandatory that the city charge for these parking facilities. You raise the question

OPINION 58-127 HEALTH AND SAFETY -- RESTAURANTS -- DEFINITION -- FOOD DISPENSER Your letter of September 24, 1958, requesting an opinion as to whether or not a store having an electronically controlled machine that heats and serves a weiner and bun commonly known as a “hot dog” when a person deposits a coin in said machine should have a restaurant license, has been received. You specifically cite subsection 2 of section 23-0901 of the North Dakota Revised Code of 1943 which reads as follows: 2. “Restaurant” includes every building or other structure or any part thereof, and all bu

OPINION 58-102 September 22, 1958 (OPINION) ELECTIONS RE: No-Party ballot - vacancy Referring to our telephone conversation of this forenoon, in which you raised the question relative to filling vacancies existing on a no-party ballot in a county, I would say that the two sections in chapter 16-08 of the 1957 Supplement to the North Dakota Revised Code of 1943 seem to clearly indicate how and when a vacancy exists. According to section 16-0804, a candidate or candidates receiving the highest number of votes to the extent of double the number of persons to be elected to any offi

OPINION 58-230 September 17, 1958 (OPINION) OFFICES AND OFFICERS RE: Notaries Public - Can Act Officially Anywhere in State On July 21, 1948, a letter was sent to your office in which it was stated that a notary public should designate the county in which he is registered with the office of the clerk of the district court under section 44-0604 of the North Dakota Revised Code of 1943. According to subsection 2 of this statute, filing is for the purpose of enabling the clerk to certify that the person complying with the provisions of the subsection is a notary public during the t

OPINION 58-9 September 16, 1958 (OPINION) AERONAUTICS RE: Aeronautics Commission - Offices of In your letter of September 4, 1958, you request the opinion of this office as to whether or not the Aeronautics Commission may legally move its office outside of the State Capitol Building to the Bismarck Municipal Airport. You indicate that the Board of Administration has requested that you vacate your temporary quarters in the Legislative Committee Rooms G-5 and G-6 because that space will be needed by the forthcoming Legislature. You specifically cite the pertinent part of sect

OPINION 58-55 September 16, 1958 (OPINION) COUNTIES RE: General Provisions - Salaries of County Officers - County Commissioners This is in reply to your request for an opinion of this office in regard to per diem pay of county commissioners. You inform us that the Board of County Commissioners met from ten a.m. to five p.m. but that one of the commissioners went home at noon and did no other county business the rest of the day. Apparently comment has been made to the effect that this commissioner should not have received the full ten dollars per diem payment but should have

OPINION 58-240 September 15, 1958 (OPINION) PUBLIC WELFARE RE: County Poor Relief - Medical Attention This is in reply to your request dated August 28, 1958, for an opinion. The question posed is whether an individual who applies for welfare aid for his wife may receive it even though he lives and works for his father on the farm and receives part of the income from the farm. It is understood that the father owns the property and is financially responsible but refuses to pay for medical expenses for the wife of his son. It is the opinion of this office that if the above mentio

OPINION 58-262 September 12, 1958 (OPINION) TAXATION RE: General Property Assessment - Exempt Property - School Land This is in reply to your letter requesting an opinion of this office as to whether or not school land located in a flood control district may be assessed for benefits accruing from construction and maintenance of irrigation facilities. Subdivision 2 of Section 57-0208 of the 1943 N.D.R.C. provides that "all property, real and personal, owned by the State shall be exempt from taxation but no land contracted to be sold shall be exempt." Section 61-1222 of the N.D.R

OPINION 58-151 August 28, 1958 (OPINION) JUDICIAL PROCEDURE, CRIMINAL RE: Local Jurisdiction of Public Offenses - Penitentiary Escapees, Jurisdiction This is in answer to your oral request of August 16, 1958, for an opinion. It is understood that three inmates of the state hospital who recently escaped have not been captured. These inmates had been transferred from the state penitentiary to the state hospital for treatment. The question now arises as to whether the county of Burleigh or the county of Stutsman has jurisdiction over the escapees for purposes of extradition.

OPINION 58-142 August 27, 1958 (OPINION) INSANE, FEEBLEMINDED, TUBERCULAR RE: Tuberculars, Car Of Appropriation Re: Chapter 197 of the 1957 Session Laws, Section 25-0512, Subsection 7 of the 1957 Supplement to the N.D.R.C. of 1943 We have received your letter dated August 26, 1958, with reference to the above statute. Subsection 7 of the above statutes reads as follows: APPROPRIATION. There is hereby reappropriated from the unexpended balance of the 1955-1957 biennial appropriation for operation of the state tuberculosis sanatorium in the state treasury the sum of one hund

OPINION 58-104 August 25, 1958 (OPINION) ELECTIONS RE: Party Committee Organization - State Committeeman Selection of In your letter of August 21, 1958, you raise a question which relates to the election of a state committeeman for the fortieth legislative district, which district includes Burke and Divide Counties. This question is as follows: "Where two or more counties are embraced in a legislative district and they meet for the purpose of electing a member of the State Central Committee, are they entitled to cast a vote for each elected precinct committeeman as provided

OPINION 58-140 August 21, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: State Hospital - County Mental Health Board - State's Attorney As Member This opinion is in reference to some recent correspondence you have had with this office and in which you request an opinion on the question of whether or not a state's attorney may serve as an appointed member of the County Mental Health Board. Section 25-0215 of the 1957 Supplement to the N.D.R.C. of 1943 provides: In the case of the temporary absence of an appointive member of the county mental health board or of his inability to a

OPINION 58-103 ELECTIONS - PARTY COMMITTEE ORGANIZATION - STATE CENTRAL COMMITTEE - EXECUTIVE COMMITTEE, MEMBERS Your letter of August 21, 2958, has been received, and you state that at the recent state committee meeting of the Democratic Party an executive committee of twenty persons was elected by the state committeemen present. You also advise that a number of those elected were not members of the state committee, and the question has now been raised as to whether only state committee men can be elected to the executive committee for the reason that the executive committee merely acts

OPINION 58-179 August 19, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Assessment of Benefits - State Highway Department - Exempt from Special Assessments This is in answer to your letter of July 15, 1958, in which you state that the City of Glen Ullin created Paving, Curb and Gutter District Number 2 for the purpose of construction of paving, curb and gutter improvements, together with incidental work thereto. Included in the district were certain lots which had been purchased for right-of-way purposes only by the State Highway Department. Your question is: "Is the North Dakota