North Dakota Attorney General Opinions

OPINION 55-85 August 1, 1955 (OPINION) MUNICIPALITIES RE: Authority to Pay Group Insurance Premiums For Employees This is in reply to your request for an opinion from this office dated July 21, 1955. You state that your organization sponsors a group insurance plan which is strictly voluntary and participating municipal employees pay their premiums either directly or by authorizing the municipality to deduct the premium from their salary. Your question is whether a municipality can legally pay from city fund all or part of such premiums if it so desires? Although the question

OPINION 55-52 July 29, 1955 (OPINION) ELECTORS RE: Soil Conservation Districts We are in receipt of your letter of July 27, 1955, requesting an opinion on the matters involved in a resolution passed by the supervisors of the Golden Valley County soil conservation district. According to that resolution the supervisors propose to allow anyone who is eligible to vote in a township election to vote in a soil conservation district election. A voter in a soil conservation district election must be a "land occupier", defined in section 4-2202, subsection 8, of the 1943 North Dakota R

OPINION 55-85 July 26, 1955 (OPINION) MUNICIPALITIES RE: Park Property - Authority to Lease This will acknowledge receipt of your letter under date of July 13, 1955, requesting the opinion of this office as to whether or not the village of Sheyenne, in Eddy County, may legally lease to the United States for a period of five years one hundred twenty acres out of a quarter section of land acquired by the village several years ago for park purposes and for recreational use. You say in your letter that Congress has appropriated fifty thousand dollars for an "irrigated development f

OPINION 55-109 July 25, 1955 (OPINION) SPECIAL SCHOOL DISTRICTS RE: Admission of Pupils This is in reply to your letter of July 21, 1955, wherein you ask our opinion in regard to the following questions: 1. Assuming that the school board has determined that overcrowded conditions are created by the admission of pupils residing within the special school district, may the school board refuse admission to any pupils from, or children or persons not living in the special school districts? 2. Assuming that pupils residing within the special school district do not create crowde

OPINION 55-127 July 21, 1955 (OPINION) TAXATION RE: Priority of Liens We have your letter of July 18, 1955, pertaining to the question of priorities of state tax liens and federal government mortgages on personal property purchased by farmers through loans from the Farmers Home Administration. Your letter reads, in part, as follows: “During the years that these borrowers from the Farmers Home Administration have been in the act of farming operations, personal property taxes have been assessed and levied against such property and in some instances these taxes have become delinquent and

OPINION 55-106 July 21, 1955 (OPINION) SCHOOLS RE: Deputy Superintendents - Salary We have received your letter of July 15, 1955, requesting an opinion from this office on the following question: Section 15-2206 of the 1953 Supplement provides that the county superintendent of schools of the various counties in this state is to have a deputy and such deputy shall receive a salary equal to eighty percent of the county superintendent's salary. Chapter 110 of the 1955 Session Laws amends and reenacts subsection 2 of section 11-1010 of the 1943 code and repeals subsection 4 of se

OPINION 55-114 July 15, 1955 (OPINION) STATE LAND DEPARTMENT RE: Farm Loans - Meaning of "Farm Land" This is in reply to your letter of July 13, 1955, asking whether the words "farm land" as used in section 15-0307 of the 1953 Supplement to the N.D.R.C. of 1943 in referring to limitations on farm loans refers only to cultivated land or to both cultivated and uncultivated (grazing) land. Tracing back this statute, we find the original provision, section 172 of the 1895 N.D.R.C., authorizing such investments in "first mortgages on farm lands in the state," in practically the ide

OPINION 55-80 July 13, 1955 (OPINION) MEMORIALS RE: Korean Conflict In your letter of June 28, 1955, you raise the question as to whether or not under chapter 118 of the 1955 Session Laws, the board of county commissioners of Ward County may levy a tax not in excess of four mills on the dollar for the purpose of erecting a memorial in commemoration of the people of said county who rendered services or lost their lives in the service of their country during the Korean hostilities. It is recognized that Ward County has already levied the four mill tax for the building of a memor

OPINION 55-117 July 6, 1955 (OPINION) STATE VETERINARIAN BOARD RE: Licensing of Markets This is in reply to your letter of June 28, 1955, requesting our opinion in regard to licensing of markets and market establishments by federal or state inspection methods. The question is: "Does your board have a right to give such marketing and manufacturing establishments a state license merely on their statement that they are selling federally inspected meats without any inspection of their place under the provisions of chapter 36-23 of the Supplement to the Revised Code of 1943." W

OPINION 55-10 July 6, 1955 (OPINION) ALDERMEN RE: Vacancy in Office This is in reply to your letter of June 22, 1955, requesting our opinion relative to the appointment of aldermen. We call your specific attention to the provisions of Chapter 263 of the 1955 Session Laws. Your question is whether or not in our opinion this section authorizes the filling of a vacancy in the office of the alderman in a city where aldermen are elected at large, by appointment. It is our opinion that this statute was intended to provide for the appointment of aldermen in all cities coming with

OPINION 55-65 June 29, 1955 (OPINION) INDIANS RE: Reservations - Taxation of Personal Property This is in reply to your request for our opinion in regard to taxing of personal property of Indians on the Fort Totten reservation. You inform us first that these Indians refuse to sign the personal property tax returns and that you have suggested that the assessor sign the return indicating thereon the reason for the taxpayers not signing. Under the provisions of section 57-0236 and section 57-0237 of the North Dakota Revised Code of 1943, I believe there is no other solution to t

OPINION 55-41 June 29, 1955 (OPINION) COUNTY COURT RE: Filing Fees, Applications to Determine Estate Tax I have your letter of June 22, 1955, wherein you request an interpretation of chapter 196 of the 1955 Session Laws, which read as follows: "FILING FEES FOR ESTATES AND GUARDIANSHIPS: AMOUNT; WHEN AND WHERE TO BE PAID. Before a petition for letters testamentary, of administration, of guardianship, of proceedings in heirship, or an application in joint tenancy to determine estate tax, is filed in a county court of this state, the petitioner, or someone on his behalf, shal

OPINION 55-128 June 27, 1955 (OPINION) TAXATION - R.E.A. RE: What Are "Gross Receipts"? This opinion is in reply to your letter of June fifteenth requesting an opinion on the question of what constitutes gross receipts of rural electric cooperatives within the meaning of chapter 57-33, N.D.R.C. of 1943, as amended, which imposes a tax on the gross receipts of such cooperatives in lieu of personal property taxes. Your specific question is whether reimbursements for actual costs are gross receipts subject to the tax in circumstances described as follows in one letter received by

OPINION 55-120 June 16, 1955 (OPINION) TAXATION RE: Exemptions - Farm Dwellings Leased to Tenants This is in reply to your request for an opinion of this office on whether buildings located on farms not used as any part of the farm, but rented as dwellings to tenants to work in the city are exempt from taxation under the provisions of subsection 15 of section 57-0208 of the N.D.R.C. of 1943. The section provides that: "57-02-08. Property Exempt from taxation. All property described in this section to the extent herein limited shall be exempt from taxation, that is to say:

OPINION 55-27 June 1, 1955 (OPINION) CITIES RE: Ordinance - Authority to Adopt Daylight Saving Time This is to acknowledge receipt of your letter of May 27, 1955, requesting our official opinion in the matter of the power of the city to adopt daylight saving time. You ask specifically whether in the opinion of this office the Dickinson city commission has authority to adopt daylight saving time by ordinance within the city of Dickinson, and whether such ordinance will legally establish the time in the city of Dickinson for private business affairs and municipal business affai

OPINION 55-18 May 25, 1955 (OPINION) CITIES RE: Appointment of Assistant City Attorney We have your letter of May 23, 1955, in which you ask for an opinion relative to the appointment of an assistance city attorney and the performance of his duties. The first question you raise is with reference to the statutory provisions concerning the appointment of an assistance city attorney. Section 40-2002 of the 1953 Supplement to the North Dakota Revised Code of 1943 reads as follows: ASSISTANCE CITY ATTORNEYS: APPOINTMENT: SPECIAL COUNSEL AUTHORIZED. With the consent and approv

OPINION 55-50 May 24, 1955 (OPINION) ELECTIONS RE: Bond issue - Procedure After Negative Vote This office acknowledges receipt of your letter of May 20, 1955, requesting an opinion concerning the following question pertaining to a bond election. The question which you present is: If an election had been held under the provisions of chapter 21-03 of the North Dakota Revised Code of 1943 and in conformity with section 21-0307, and the voters did not approve of the issuance of the bonds, would it be possible for the question to be brought up again at another election immediate

OPINION 55-22 May 9, 1955 (OPINION) CITIES RE: City Treasurer - Compensation As Ex Officio Treasurer of Park District This office acknowledges receipt of your letter of May 5, 1955, asking for our opinion as to whether or not the city treasurer of the city of Grand Forks would be such an employee of the park district of that city so as to warrant the park board to pay to the city treasurer special compensation for the duties performed for the said park board. As you have set forth in your communication, section 40-1701 of the North Dakota Revised Code of 1943 provides for the

OPINION 55-26 May 6, 1955 (OPINION) CITIES RE: Liquor License Fees Your letter of May 3, 1955, in regard to the above matter has been received. Your specific question is whether under the terms of section 5-0303 of the 1953 Supplement to the North Dakota Revised Code of 1943 your city can charge up to two thousand dollars for exclusively off-sale or on-sale licenses or whether the statute contemplates the license shall include both off-sale and on-sale privileges. Section 5-0303 provides that person engaging in the retail sale of liquor first must procure a local license. It

OPINION 55-56 May 5, 1955 (OPINION) FHA RE: Seed Loans - Priority of Liens We have received your request for an opinion dated April 29, 1955. You state that your agency has made a large number of seed loans this spring and filed as security in each case a crop production lien as provided in chapter 35-08 of the North Dakota Revised Code of 1943. It now develops that in a number of cases crop mortgages have been given to other agencies of the state others to secure the payment of the purchase price of the land or under rental agreements. Your question then is whether your agen

OPINION 55-63 April 25, 1955 (OPINION) INDIANS RE: Juveniles - Commitment to State Training School Re: Indian Juveniles Committed by Tribal Court of Indian Offenses This office acknowledges a receipt of yours of April 21, 1955, inquiring whether or not it is incumbent upon the state board of administration to accept juveniles committed by a tribal court from the Standing Rock Agency at Fort Yates, North Dakota, to the state training school at Mandan, North Dakota. This is to inform you that there is no provision in our statutes which authorizes such a procedure. You will, o

OPINION 55-130 April 20, 1955 (OPINION) TAXATION RE: Special Assessments - Business Property This opinion is issued in response to your letter of April 12, 1955, asking whether a lot in Dunseith, North Dakota, owned by Northwestern Bell Telephone Company and on which the telephone company's dial house and certain operating equipment are located "should be assessed as real estate or as tangible personal property". Your problem seems to have arisen in connection with "assessments for special improvements, due to a watermain improvement district in the city of Dunseith." The lo

OPINION 55-35 April 12, 1955 (OPINION) COUNTIES RE: Funds For Polio Vacine Program We have your letter of April 4, 1955, with reference to the county commissioners' power to appropriate money for, and the county health officer's power to spend county money for, administering polio vaccine. You state your county has no money left in the county health fund and you ask if it has authority to transfer funds from other funds for such purpose, and if so, whether the county health officer has authority to spend county money for this purpose. Section 11-2307 of the North Dakota Revise

OPINION 55-97 April 5, 1955 (OPINION) REGISTER OF DEEDS RE: Recording Judgments This office acknowledges receipt of your letter of April 4, 1955, inquiring as to the proper interpretation to be made relative to the following statement of facts: There has been presented to the register of deeds of your county a certified copy of a judgment containing various leasehold and mineral interests in some fifteen or twenty counties and the judgment is approximately sixty-five legal size pages in length. The question you inquire about is: is it incumbent upon the register of deeds

OPINION 55-58 April 5, 1955 (OPINION) FOREIGN CORPORATIONS RE: License Fees We have received your letter of April 1, 1955, asking for interpretation of section 10-1719 of the North Dakota Revised Code of 1943. Your ask specifically whether a foreign corporation shall pay only an annual license fee until it has paid an amount equal to a domestic corporation capitalized for the same amount? You ask further whether a foreign corporation shall receive credit on only its initial license fee of fifty dollars or whether all payments made thereafter shall be credited to it? Section

OPINION 55-54 April 5, 1955 (OPINION) ELECTRICIANS RE: State Board - Jurisdiction Your letter of April 1, 1955, requesting an opinion from this office has been received. You state that your board is making an inspection of electrical wiring in a certain section of Cass County. The mechanics of the program are being handled by the R.E.A. Cooperatives, but the inspection is being made by inspectors of the State Electrical Board. Your specific question is as follows: Suppose one of the inspectors finds a condition that is dangerous to the safety of life and property and notif

OPINION 55-43 April 4, 1955 (OPINION) COURTS RE: Appeals, Filing Fees This office acknowledges receipt of your letter of March 31, 1955, asking our legal opinion relative to the interpretation of section 11-1143 of the North Dakota Revised Code of 1943, dealing with an appeal from the board of county commissioners to the district court. Your question is as to whether the clerk of the district court shall collect a filing fee for this action. It is the opinion of this office that when anyone appeals from any decision of the board of county commissioners to the district court th

OPINION 55-123 April 4, 1955 (OPINION) TAXATION RE: Levy For Road Purposes This office acknowledges receipt of your communication of April 2, 1955, asking for an interpretation of section 57-15191 and 57-1522 of the 1953 Supplement to the N.D.R.C. of 1943. Your specific question is as to the total amount which can be levied for road purposes in unorganized townships under these sections. It will be noted that the two sections deal with different subjects. Section 57-15191 permits a levy of eight mills to be made by county commissioners within unorganized townships to be used

OPINION 55-121 March 24, 1955 (OPINION) TAXATION RE: Exemptions - Property Purchased by Lodge Under Contract for Dead We have your letter requesting an opinion as to whether or not the exemption from real property taxation for lodges and like organizations provided in section 57-0208(11) of the N.D.R.C. of 1943 applies to property which is being purchased under a contract for deed. You state that the Veterans of Foreign Wars Post of Beulah, North Dakota, has possession of property which it is purchasing under a contract for deed, and that a warranty deed is to be received upon

OPINION 55-34 March 23, 1955 (OPINION) COUNTIES RE: Fire Equipment - Participation in Fire Insurance Premium Refund Program In your letter of March 14, 1955, you ask whether a county can acquire fire equipment under section 18-0707 of the 1943 North Dakota Revised Code, and use same to participate in the fire insurance premium refund law. (Section 18-0405 N.D.R.C. 1943) Section 18-0707 provides that a board of county commissioners may provide from the fire break fund such tools and appliances as may be necessary to aid and assist in making firebreaks to prevent the spread of

OPINION 55-100 March 23, 1955 (OPINION) SCHOOL DISTRICTS RE: Bond Issues - Assessed Valuation We have received your letter of March 21, 1955, wherein you ask our opinion on the following matter. House Bill No. 694 which is an amendment and reenactment and reenactment of subsection 4 of section 21-0301 of the 1953 Supplement to N.D.R.C. of 1943 provides as follows: "4. 'Value of taxable property' or 'the assessed valuation' of a municipality shall mean that portion of the value of all taxable property in such municipality as last finally equalized, against which the mill rate o

OPINION 55-16 March 17, 1955 (OPINION) CATTLE RE: Brucellosis Test - Procedure to Enforce Testing This will acknowledge receipt of your letter of March 15, 1955, presenting the following problem and asking for your opinion thereon. Some fifteen years ago your office was legally petitioned to conduct a brucellosis test in a certain county and since that time your office has made tests and has had this county under continuous supervision for the purpose of eradicating this disease. You now state that certain cattle owners are refusing to cooperate in having their cattle tested.

OPINION 55-104 March 8, 1955 (OPINION) SCHOOL DISTRICTS RE: Tuition Payments - Residence We have received your letter of March 2, 1955, wherein you state that an agreement exists between the Leeds school and the Lake Ibsen district pays tuition on a per pupil basis. A certain family that resides and owns a farm and votes in the Lake Ibsen district also owns a home in Leeds, and the family moves in for the school term and then moves back to the farm in the spring of the year. The Lake Ibsen district now refuses to pay tuition for a child in said family claiming their residence

OPINION 55-53 March 7, 1955 (OPINION) ELECTRIC COOPERATIVE RE: Operation in Area Subsequently Annexed to City We have your request dealing with an opinion which was rendered by this office on July 9, 1954 dealing with the Williams Electric Cooperative. The question therein discussed was whether or not this cooperative may now legally operate within that part of the city of Williston annexed to the city after the said cooperative had established its service as a rural territory. The particular question with which you are concerned, as I understand it, is whether or not a franc

OPINION 55-17 February 25, 1955 (OPINION) CHURCHES RE: Ministers - Solemnizing Marriages This is in reply to your letter of February 17, 1955, asking our opinion on whether a man, not a regularly ordained minister, but apparently appointed to serve as pastor of the Belden Apostolic Lutheran Church of Belden, North Dakota, by the governing body thereof is given authority to solemnize marriages by section 14-0309 of the North Dakota Revised Code of 1943. The statute in its entirety provides: 14-03-09. Who May Solemnize Marriages. Marriages may be solemnized by all judges of

OPINION 55-102 February 18, 1955 (OPINION) SCHOOL DISTRICTS RE: Loss of School House as Affecting Teacher's Contract We have your letter of February 15, 1955, wherein you state that a schoolhouse in a school district in your county was recently destroyed by fire. You further state that there is another school in the district that could be opened, but the board would prefer to send the children to another open school within the district. The problem that confronts you is whether the teacher's contract of employment terminates with the loss of the schoolhouse, or whether the boa

OPINION 55-56 February 7, 1955 (OPINION) ESTATES RE: How Summary Administration Available This office acknowledges receipt of your letter of February 4, 1955, asking for an opinion from this office as to whether chapter 30-17 of the 1953 Supplement to the North Dakota Revised Code of 1943, authorizing summary administration of small estates, may be taken advantage of by relatives further removed than husband, wife, or minor children of the deceased. It will be noted by chapter 30-16 of the 1953 Supplement to the North Dakota Revised Code of 1943 that certain property to the ext

OPINION 55-98 February 4, 1955 (OPINION) ROADS RE: School Lands - Prescription We have your request of January 22, 1955, wherein you ask our opinion upon the following summarized facts: What is the legal status of a road that is located on the quarter section line on a piece of school land (original grant)? The road has been there for many years and it connects with the city limits of Ray in Williams County. The School Lands Department has sold the tract to a private individual who now plans to close the road. As we understand the facts, this road has not been officially la

OPINION 55-108 February 2, 1955 (OPINION) SHERIFFS RE: Fees This office acknowledges receipt of your letter of January 21, 1955, asking for an official interpretation of sections 11-1014 and 11-1507 of the N.D.R.C. of 1943 pertaining to the fees and charges collected by the county sheriff. Your specific question is as to what fees that are collected by the sheriff may be retained by the sheriff and which must be turned over to the county treasurer. Section 11-1507 provides for the charges to be made by the sheriff for performing certain official duties. Subsection 21 of said

OPINION 55-116 January 22, 1955 (OPINION) STATE'S ATTORNEYS RE: Lobbyists We have received your request for an opinion in regard to lobbying. You state that Mr. Brown, a state's attorney, has registered as a lobbyist and you ask whether there is any law which prohibits Mr. Brown from serving in the capacity of state's attorney of his county and as lobbyist for private interests such as the railroads. We do not think there is necessarily any incompatibility created by one person serving in the two capacities mentioned in your letter. However, a state's attorney could not lobby f

OPINION 55-59 January 14, 1955 (OPINION) GAME AND FISH COMMISSIONER RE: Regulations - Private Watercraft You have asked this office for an official opinion as to the interpretation of section 20-0126 of the 1953 Supplement to the North Dakota Revised of 1943 as it purports to regulate the construction and equipment of private boats in this state. Your specific question is as to whether or not under subsection 3 thereof the game and fish commissioner has the authority to regulate the equipment used by the occupant of private boats, such as life preservers. It will be noted tha

OPINION 55-57 January 12, 1955 (OPINION) FIRE DEPARTMENTS RE: Servicing Rural Areas Am in receipt of your request for an opinion as to whether or not a fire department, which has qualified under section 18-0405, 1953 Supplement, North Dakota Revised Code 1943, for the additional one hundred dollars for offering rural service, can charge for a fire call made within the extended area beyond the corporate limits of a city or village. Subsection 37, section 40-0501, North Dakota Revised Code 1943, indicates the idea of a public duty by a fire department to serve outside of the cor

OPINION 54-133 December 17, 1954 (OPINION) TEACHERS RE: Retirement Benefits This will further answer your letter of November 29, 1954, as to your second problem. You inquire as to the proper construction of Section 15-3928, subsection 3 of the 1953 Supplement to the N.D.R.C. of 1943. The part of said subsection in which you are interested is the amendment which was added to said section by Chapter 138 of the 1953 Session Laws. You submit the following example: A teacher who has earned an annuity of four hundred dollars and has retired with the allowed minimum of six hundred dolla

OPINION 54-44 December 13, 1954 (OPINION) COURTS RE: Police Magistrate, Change of Venue In your letter of December 6, 1954, you have requested our opinion as to the question of a change of venue from a police magistrate's court. The facts set forth in your letter are, briefly, as follows: A man was arrested on a charge of driving an automobile while under the influence of intoxicating liquor and has asked for a change of venue from your court, and the city of Mandan has no city justice of the peace. Section 40-1801 of the North Dakota Revised Code of 1943 provides that the p

OPINION 54-15 December 6, 1954 (OPINION) BOUNTIES RE: Generally We have received your letter of December 2, 1954, with reference to the above matter. You state that a certain party has presented two ears from a bobcat to the auditor of the county wherein he resides, claiming he shot the bobcat in a county other than the county of his residence and is claiming state bounty. You ask whether in our opinion this person is entitled to the state bounty under the facts as above stated. Section 20-1301 of the 1953 Supplement provides for payment of a county of five dollars by the st

OPINION 54-136 December 1, 1954(OPINION) WELFARE RE: Aid to Dependent Children This office acknowledges receipt of your letter of November 20, 1954, requesting our opinion in regard to aid to dependent children under Chapter 50-09 of the N.D.R.C. of 1943, as amended. You desire an answer to the following questions and you state the summarized facts as follows: "(1) Both mother and child have physically resided or lived in North Dakota for more than one year immediately preceding the date of application, (2) said child's father is married to the child's mother, and is a non-resident

OPINION 54-12 November 17, 1954 (OPINION) AUTOMOBILES RE: License Plates - Use of Dealer's Plate I wish to acknowledge receipt of your request for an official opinion interpreting sections 39-0456 and 39-0459 of the North Dakota Revised Code of 1943. In order to construe section 39-0459 we deem it necessary to refer to the Uniform Motor Vehicle Registration Act as adopted in 1927, Chapter 179, 1927 Session Laws, sections 7, 17(a) and 25(g). It is evident that under the 1927 law, dealer's plates could be used only on new vehicles operated for demonstration purposes only as note