North Dakota Attorney General Opinions

OPINION 53-123 September 8, 1953 (OPINION) TEACHERS INSURANCE AND RETIREMENT FUND RE: Qualification - Attending College When Entering Military Service This office is in receipt of your request of September 4, 1953, for an opinion relative to the effect of Chapter 139 of the 1953 Session Laws. Your question is presented as follows: "Does said amendment provide for credit to service men who attended college at the time of induction into military service prior to July 1, 1953?" Chapter 139 of the 1953 Session Laws amends Sections 15-3936 and 15-3937 of the 1949 Supplement to th

OPINION 53-77 September 3, 1953 (OPINION) MOTOR VEHICLES RE: Proportionate - Fees - Reciprocity You have requested an opinion as to the legality of licensing all foreign trucks owned by one fleet owner, on a proportionate fee basis rather than licensing a proportionate number of his trucks on a full fee basis, where proportionate licensing is authorized under Chapter 236 of 1953 Session Laws. It is my opinion that proportionate licensing of foreign trucks was made a proper subject for reciprocal agreements by Chapter 236 and that it was intended to provide a means by which the

OPINION 53-76 September 3, 1953 (OPINION) MOTOR VEHICLES RE: Reciprocity - License Reference is made to your request for a clarification of the North Dakota reciprocity laws, and particularly to an Attorney General's Opinion dated June 5, 1953. With your request you have submitted a copy of a letter concerning this matter, from Mr. W. E. Howes, Director, Motor Vehicle Division for the State of Minnesota. It is our continued opinion, after giving due consideration to the reciprocity laws of North Dakota and the legislative intent, that you may not enter into any reciprocity ag

OPINION 53-21 August 31, 1953 (OPINION) COUNTIES RE: Population When Determined This office is in receipt of your communication of August 26, 1953, inquiring as to the effect of Chapter 109 of the 1951 Session Laws providing for the salaries of public officials. You ask specifically for an opinion as follows: "Will you please give me your written opinion as to when the 1950 census became official so that the county auditor was charged with notice of the change in population." It is the opinion of this office that your county is governed as to the increase in salary when you

OPINION 53-43 August 27, 1953(OPINION) GAME AND FISH RE: Jurisdiction Non-navigable Waters You have requested an opinion defining the jurisdiction of the State Game and Fish Department insofar as it involves the matter of eradication and transplanting of fish in non-navigable waters in this state. Although wild animals are the subject of private ownership because of their location upon lands of the person claiming them (47-0108, 5) the state has reserved the right to regulate and conse

Overruled by N.D.A.G. 98-L-90 OPINION 53-44 August 26, 1953(OPINION) GAME AND FISH RE: Jurisdiction Over Indian Reservations You have requested an opinion as to the jurisdiction of the State Game and Fish Department in an area which, although not original tribal land, has been purchased by the Federal Government and designated as a part of an Indian Reservation, and as to public access to such land. The Organic Law of Dakota Territory (Act of March 2, 1861, chapter 83, 12 Statutes at

OPINION 53-65 August 25, 1953 (OPINION) INSURANCE RE: Financial Responsibility - Unauthorized Insurance Companies We have your request for an opinion dated August 14, 1953, on a matter pertaining to proof of financial responsibility as required by section 39-1618 of the 1949 supplement to the North Dakota Revised Code of 1943. You state that an insurance company, not authorized to do business in this state other than under the Surplus Lines Act, chapter 191 of the 1953 session laws, has begun the practice of filing with your office in cases where proof of financial responsibili

OPINION 53-119 August 17, 1953 (OPINION) TAXATION RE: What is Assessed Valuation In yours of August 13th, you request the opinion of this office as to whether the assessed valuation referred to in section 15-2716 N.D.R.C. 1943 means the taxable assessed valuation, or the original full assessed valuation. It is our opinion that the "assessed valuation," found in line four of section 15-2716 means the valuation upon which taxes are assessed; that is, the 50 percent of the full, actual, assessed valuation. The ability of the remaining portion of the district to maintain its sch

OPINION 53-106 August 10, 1953 (OPINION) TAXATION RE: Assessment - Oil and Gas Drilling Rigs This opinion is given in response to your request of August 3, 1953. You inquire at to the assessment and taxation status of oil and gas drilling rigs, in view of chapter 309, Session Laws of 1953, which repealed section 57-0219, North Dakota Revised Code of 1943, exempting such rigs from taxation until they had been in the state for one year. The process of taxation must be in accordance with the procedure set up by law. Under section 57-0211, N.D.R.C. 1943 personal property shall b

OPINION 53-106 August 10, 1953 (OPINION) TAXATION RE: Assessment - Oil and Gas Drilling Rigs This opinion is given in response to your request of August 3, 1953. You inquire at to the assessment and taxation status of oil and gas drilling rigs, in view of chapter 309, Session Laws of 1953, which repealed section 57-0219, North Dakota Revised Code of 1943, exempting such rigs from taxation until they had been in the state for one year. The process of taxation must be in accordance with the procedure set up by law. Under section 57-0211, N.D.R.C. 1943 personal property shall b

OPINION 53-90 August 5, 1953 (OPINION) OIL AND GAS RE: Gravel and Sand as Minerals Subject to Oil and Gas Lease I wish to acknowledge receipt of your request for an opinion as to the construction of the word "mineral" as used in, and the subject of the usual documents commonly referred to as oil and gas leases. you state that because of the large portion of this state now covered by oil and gas leases, the State Highway Department is experiencing difficulty in obtaining rights to necessary highway construction materials such as sand, gravel, scoria, clay binder and earth fille

OPINION 53-76 August 5, 1953 (OPINION) MORTGAGES CHATTEL RE: Satisfaction - Register of Deeds You ask our opinion, in yours of August third, as to the satisfaction of chattel mortgages. Section 35-0412 N.D.R.C. provides that a "mortgage of personal property shall be cancelled by the register of deeds upon presentation to him of an acknowledgement of satisfaction thereof signed by the mortgagee or assignee." It is evident that none other than the mortgagee or assignee may execute such a satisfaction. Either the mortgagee or assignee may give a written and duly executed power

OPINION 53-109 August 5, 1953 (OPINION) TAXATION RE: County Road Fund This office is in receipt of your request of July 29, 1953, asking for an opinion dealing with the following problems which you state as follows: "In the past, Morton County has levied a tax pursuant to section 24-0501 of the N.D.R.C. of 1943. The proceeds of that levy have been held in the County Road Fund. In addition, they have levied a tax for building bridges. The proceeds of that levy have been held in the bridge fund. Their questions are as follows: 1. Can they make a new levy of one-fourth

OPINION 53-87 August 4, 1953 (OPINION) OCCUPATIONS & PROFESSIONS RE: Narcotic License - Chiropodist This office is in receipt of your inquiry of July 28, 1953, as to whether or not under Chapter 267 of the 1953 Session Laws of the State of North Dakota, dealing with chiropodists and doctors of surgical chiropody, it is legal and proper for such profession to obtain a narcotic license from the United States Internal Revenue Department. It will be noted in section 1 of chapter 267 of the 1953 Session Laws that there was added to the former definition of chiropodists what is now

OPINION 53-85 July 27, 1953 (OPINION) OASIS RE: Deductions - When Applicable This is in reply to your letter in which you ask for an opinion on subsection 3 of section 52-0915, to the 1953 Session Laws as follows: . Deductions, in such amounts and at such time or times as the bureau shall determine, shall be made from any payment or payments under this chapter to which an individual is entitled, until the total of such deductions equals such individual's benefit or benefits for any month in which: (3) Such individual rendered services for the state of North Dakota or any of

OPINION 53-34 July 25, 1953 (OPINION) ELECTIONS RE: Expense of Providing Polling Place Yours of July twenty-fourth reliability for rental, lights, and janitor for place to hold an election, has been received. Section 11-1114 North Dakota Revised Code enumerates the powers of the county commissioners. Among these powers is: "6. To establish election precincts in the county." It is our opinion that this provision means that the county shall provide for each precinct a suitable room or place for the holding of elections, with proper heat and light. This presupposes that the c

OPINION 53-41 July 21, 1953(OPINION) ESTATE TAX RE: Tax Commissioner to Make Report to County Judge - When This is in reply to your letter of July 14, 1953, in which you request the opinion of this office as to whether chapter 210 of the 1953 Session Laws requires the Tax commissioner to furnish a statement relating to the income tax liability of a decedent to the State when an application for determination of estate tax is filed in an heirship proceeding or in pursuance of any of the following sections of the North Dakota Revised Code of 1943, as amended: 57-3702 (4), 57/-3704, 57-3705,

OPINION 53-95 July 20, 1953 (OPINION) OIL AND GAS RE: Industrial Commission Rules Making Power This opinion is given in response to your request to the Governor dated July thirteenth, which he has referred to this office. You have enclosed a letter from an official of the Federal Housing Administration. In brief, he seeks a ruling from the Industrial Commission flatly forbidding drilling oil wells within 200 feet of any building. His interest in the matter is the protection of property values of houses in which the Federal Housing Administration has an interest as loan insu

OPINION 53-63 July 13, 1953 (OPINION) INSTITUTIONS RE: Counties to Pay Collections Made for Cost of Keep of Patients You ask for an interpretation of chapter 198 of the 1949 Session Laws. You state that Traill County has made collections from several patients, or their guardians or relatives, in the sum of $1,921.78, as the result of institutional care prior to July 1, 1949. You ask specifically what disposition should be made of these funds by the Traill county auditor. We think the language in chapter 198 of the 1949 session laws is clear and quite plainly directs that the c

OPINION 53-74 June 26, 1953 (OPINION) MILITARY RE: City Employees Deduction From Pay While in National Guard This is in reply to you letter of June 24, 1953. You inquire if, under the provisions of section 37-0125, 1949 supplement to the North Dakota Revised Code of 1943, a city may deduct from the pay of an employee on National Guard or Organized Reserve duty the amount of his military pay during the period of his military absence. During the first thirty days of such military absence, the employee, if meeting the qualifications stated in that section, is entitled to leave o

OPINION 53-62 June 22, 1953 (OPINION) INSTITUTIONS RE: Appropriation - Permanent Improvements - What Constitutes This office acknowledges receipt of your communication of June 18, 1953, requesting an opinion as to whether or not items 3 and 6 under "improvements and repairs" as contained in chapter 86 of the 1949 Session Laws are such items as will qualify under chapter 321 of the 1949 Session Laws in this that the said chapter provides that appropriations made for buildings, additions to buildings and permanent improvements for your institution shall not be transferred to the

OPINION 53-6 June 22, 1953 (OPINION) APPROPRIATIONS RE: Legislative Research Unexpended Balance July 1, 1953 We are in receipt of your letter of June 11, 1953, requesting the opinion of this office as to whether certain funds appropriated for the use of the Legislative Research Committee during the 1951-53 biennium must revert to the general fund on July 1, 1953, in view of a contract which has been executed with the Automatic Safety Foundation for services in connection with a highway safety study. You state that the Automotive Safety Foundation will supervise and carry on the

OPINION 53-55 June 18, 1953 (OPINION) HIGHWAYS RE: Reconveyance of Easements During your recent visit to this office you stated that there exists a certain apprehension among your constituents regarding Senate Bill 194 passed at the last session of the legislature. You state that some of your constituents inquire whether or not a reconveyance is necessary from a political subdivision that has procured a right of way for highway purposes. In studying this question we note first of all that section 32 1503 of the 1943 Revised Code deals with this subject and provides as follow

OPINION 53-52 June 17, 1953 (OPINION) HIGHWAYS RE: Funds for Purchase of Road Machinery Yours of June 12, requesting our opinion as to which county road fund may be used for the purchase of road building and maintenance machinery has been received. Chapter 24-05, relating to county roads provides for a special levy, the proceed of which shall be "expended only for road machinery and for grading, ---." This would appear to be the proper fund for the purchase of road machinery. Section 24-0504 of this chapter was amended by chapter 177, Laws of 1951. Section 57-1506 (3) fixes

OPINION 53-51 June 17, 1953 (OPINION) HIGHWAYS RE: County Highway Engineer This office acknowledges receipt of your request of June 13, 1953, for an opinion relative to the establishment of the office of county highway engineer. You state that in the June, 1952 election the voters of Logan County voted to establish a county highway engineer office in conformity with chapter 11-31 of the 1949 supplement to the North Dakota Revised Code of 1943. The questions which you ask are as follows: 1. It is mandatory that the County Commissioners engage a county highway engineer. 2.

OPINION 53-62 June 16, 1953 (OPINION) INSTITUTIONS RE: Cost for Keep of Patients You state that the board of administration is negotiating with the Department of the Interior for a contract for the care of Indian patients at the Grafton State School for the fiscal year 1954. You state that Mr. J.M. Cooper, the area director, has written stating that he interprets an opinion issued from this office on January 27, 1948, to mean that the charge for the care and maintenance of patients is $20.00 per month and that a rate higher than that would be unfair and, in fact, discrimination

OPINION 53-47 June 11, 1953 (OPINION) HIGHWAYS RE: Bridges - Yellowstone River Bridge This is in reply to your letter of June 4, 1953. You state that the Board of County Commissioners of McKenzie County wish to know what legal action can be taken to build the Yellowstone River Bridge near Fairview, immediately. It is our opinion that the best available remedy is to seek a writ of mandamus compelling the State Highway Commissioner to "proceed with the preparation of plans and specifications and to take such other action as may be necessary in the construction and completion of such brid

OPINION 53-45 June 10, 1953 (OPINION) GAME AND FISH RE: Property Rights Along Non-navigable Streams Yours of June 9, 1953, asking for an opinion upon two specific questions has been received. We will answer them in the order given in your letter. Answer to No. 2: Where a landowner owns land on both sides of a nonnavigable stream and bordering it, he may lawfully prohibit any person from operating boats of any kind on his property for fishing or for nay other purpose. Since he owns both banks of the river he may prohibit anyone from standing on the bank, which is his prope

OPINION 53-116 June 4, 1953 (OPINION) TAXATION RE: Prepayment by Park District of Special Assessments Yours of the 3rd inst. re the above matter has been received. You wish our opinion as to whether or not your local park district may pay in full special assessments levied upon its property in full at this time or whether it must pay them in annual installments over the entire time in which levies have been made for payment by property owners in general for the special improvement. Special assessments are ordinarily payable over 20 or 30 year periods. Sections 40-2404, 40-240

OPINION 53-45 June 2, 1953 (OPINION) GAME AND FISH RE: Private Propagation of Blackneck Pheasants You state that a private person has informed you that he intends to raise Blackneck Pheasants on his farm, and to allow persons who pay him for the privilege to hunt them on the farm "regardless of whether or not the farm lies within an area which has been determined as an open pheasant area and regardless of whether or not the shooting would be done within the period prescribed by the Governor's Proclamation as open for the legal taking of pheasants." You ask our opinion as to the

OPINION 53-5 May 29, 1953(OPINION) APPROPRIATIONS RE: Improvements and Repairs - What Constitutes This office is in receipt of your request of May 28, 1953, for an opinion regarding two chapters of the 1949 Session Laws, to-wit, chapters 76 and 321. That part of chapter 76 in which you are concerned provides for an appropriation as follows: "Improvements and repairs: 1. Re-roofing, repairing and changing windows and painting hospital building ------------------------- $75,000.00" Chapter 321 of the same Session Laws provides that the appropriation made by the Thirtieth and any subs

OPINION 53-127 May 27, 1953 (OPINION) WELFARE RE: Care Transient Workers This office acknowledges receipt of your request of May 22, 1953, for an opinion relative to five questions dealing with migrant nonresident persons afflicted with tuberculosis. The problem presents itself because of Mexican migrant laborers who come to the state for employment. You state it is difficult, if not impossible, to determine their residence for poor relief because they migrate from one state to another. You further state that many of these people are afflicted and need immediate treatment

OPINION 53-12 May 25, 1953 (OPINION) BONDING FUND RE: Increase in Premium You have presented to this office an inquiry as the effect of House Bill No. 629 enacted by the recent session of the Legislature. The questions you present are as follows: "Will applications for bonds of public officials and employees that are received by the State Bonding Fund before July 1, 1953, be subject to premium charge after said date, or will they be free of premium charge for the term of office of official or employee even though such term may extend beyond July 1, 1953?" "Am I correct in a

OPINION 53-67 May 22, 1953 (OPINION) JUVENILES RE: Jurisdiction when crime perpetrated We have your letter of May 14, 1953, requesting an opinion in a matter concerning the jurisdiction of the juvenile court of Ramsey County. The question you state arises with reference to section 27-1608 of the North Dakota Revised Code of 1943. It appears that a boy under the age of eighteen yeas who is admittedly a resident of Cavalier County has stolen an automobile in Ramsey County and fled the state. A dispute has arisen as to which juvenile court has jurisdiction to decide this matte

OPINION 53-53 May 20, 1953 (OPINION) HIGHWAYS RE: Preference to North Dakota Contractors We have your request for an opinion concerning the North Dakota contractor's preference provision contained in House Bill No. 560, as enacted at the last session of the North Dakota Legislature. The provision to which you refer is much the same as section 24-1201 of the North Dakota Revised Code of 1943 and the law as now enacted will provide as follows: "Section 89 - CONTRACTS; FOR ROAD AND BRIDGE WORK AND MATERIALS; AWARDING TO RESIDENTS OF NORTH DAKOTA AND GIVING PREFERENCE TO RESIDENTS

OPINION 53-49 May 20, 1953 (OPINION) HIGHWAY CONSTRUCTION RE: Charge by State Against Counties We have received your request for an opinion concerning a charge which you state has been made against the several counties of this state by the State Highway Department for services connected with the county federal aid secondary roads. You state that proposed charge would amount to 1% of the total cost of these projects and you ask if the State Highway Department may validly make such a charge. It is our opinion that there is no basis in law for the proposed assessment. Section 24

OPINION 53-16 May 19, 1953 (OPINION) CONTRACT RE: Material - Preference This will confirm our opinion of May 18, 1953, which was given to you by telephone and in answer to Mr. Seifert's letter of May 15, 1953. Our opinion was requested in regard to Senate Bill No. 168, which was enacted into law at the recent session of the Legislature and which provides for competitive bidding on native materials used in public buildings. Specifications were enclosed with Mr. Seifert's letter whereby brick manufacturers were asked to quote unit prices to the contractor who would in turn inclu

OPINION 53-69 May 15, 1953 (OPINION) LAW ENFORCEMENT RE: Extraordinary expenses due to Federal Agencies This is in response to your letter of May 7, wherein you state as follows: "I have been requested to ask for an opinion from your office as to whether the purchase of a stationary short wave radio installation to be used at Riverdale would be within the provisions of chapter 6 of the 1951 session laws, relating to the reimbursement of extraordinary expenses of law enforcement in this county. "The county now has a permanent installation at the sheriff's office in Washburn an

OPINION 53-38 May 14, 1953 (OPINION) ESTATE TAX RE: Exemption - Foreign and North Dakota We have yours of May 2, 1953 requesting and opinion from this office as to the proper interpretation and application of Subsection 4, section 57-3712 of the N.D.R.C. of 1943, which reads as follows: "If a part only of the property of the estate is taxable within this state, there shall be allowed and deducted as exemptions only such percentage of the amounts of exemptions herein specified as the property taxable within this state, above liens, is of all the property of the estate above lien

OPINION 53-74 May 7, 1953 (OPINION) MILITARY RE: Compulsory - Agricultural College and State University We are in receipt of your letter of May 5, 1953, in which you ask whether or not a student attending the University of North Dakota or the North Dakota Agricultural College may be compelled to actively attend Reserve Officers Training Corps instruction. You refer to section 15-1021 of the North Dakota Revised Code of 1943, which reads as follows: MILITARY INSTRUCTION REQUIRED. The university and the agricultural college shall give theoretical and practical instruction in m

OPINION 53-110 May 7, 1953 (OPINION) TAXATION RE: Exemption Farm Structures Your letter of the sixth instant asking for an interpretation of the above section has come to my desk. On February 19, 1947, this office gave an opinion prepared by I.A. Acker, which answers most of your questions. We are enclosing herewith a copy of this opinion. It seems not to have been included in the published opinions of the Attorney General for 1946 to 1948. We are of the opinion that within the purview of the statute, there are but two classes of real property, to-wit, urban and agricultura

OPINION 53-98 May 4, 1953 (OPINION) PLUMBING RE: Conflict - City and State Regulations It has been brought to our attention that a certain amount of confusion exists as to the effect of the state plumbing code in cities or village which have adopted municipal plumbing codes. Somecity attorneys, it appears, have taken the view that the state code has no application in municipalities having plumbing codes of their own adoption. To clarify any misunderstanding in this regard, we herewith set out our thinking on this subject at the request of the State Plumbing Board. The state p

OPINION 53-99 April 29, 1953 (OPINION) SCHOOL DISTRICTS RE: Taxpayers Liability for Bond Issue You state that a party having land in a district which has been reorganized and now has in existence a bond issue of $168,000, desires to transfer into another reorganized district which has had a favorable vote on a bond issue by transferring into such school district prior to the time that the county auditor spreads the same on his books. It is our opinion that he will be subject to this second bond issue, under the state of facts you set out. As a property owner in the district

OPINION 53-64 April 28, 1953 (OPINION) INSTITUTIONS RE: Manufacture of Motor Vehicle Plates This is in reply to your letter of April 28, wherein you state the following question: "I would like an opinion as to whether or not we may loan tag plant equipment to some other processing plant so as to enable said plant to make license plates for the Motor Vehicle Department of the state of North Dakota. "Our tag plant was destroyed by fire some weeks age. We are planning the construction of a new building and have selected the equipment for the new plant. We will not be in a pos

OPINION 53-91 April 24, 1953 (OPINION) OIL AND GAS RE: Indian Lands - Jurisdiction - State or Federal We are in receipt of your letter of April 17, 1953, in which you ask about the application of state oil and gas conservation laws to drilling operations on Indian Reservations located in this state. In the first instance we are confronted with Section 203, Article XVI of the Constitution of North Dakota, which reads in part: "* * *Second. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lyi

OPINION 53-89 April 22, 1953 (OPINION) OIL AND GAS RE: Broker's License We have your request of April 21, 1953, for an opinion as to the application of Senate Bill No. 35 of the 1953 Legislative Assembly to the following questions. A certain party has asked you if he comes within the provisions of said Senate Bill No. 35 under the following facts: "I might say that I have bought some minerals and if I get a right price I will sell them or rather part of them. Also quite a few people come in and ask where they can sell minerals. I sometimes find them buyer but I do not purc

OPINION 53-13 April 22, 1953 (OPINION) CHILDREN'S HOMES RE: Registration for Temporary Use This is in reply to your letter of April 14, 1953. You state that the Indian Bureau is about to close all their high schools and that among these schools is the Elbowoods High School with ninety students. You state that these students and other future students who would have attended there will be sent in part to Indian schools, but about forty-five will have to arrange to attend regular high schools in such communities as New Town, Garrison, Hazen and Stanton. You state that these st