North Dakota Attorney General Opinions

OPINION 51-211 July 27, 1951 (OPINION) WORKMEN'S COMPENSATION RE: 1951 Amendment This in in reply to a request for an opinion on the interpretation of section 65-0509, as amended by the legislative session of 1951, which is as follows: "65-0509. Total Disability; Weekly and Aggregate Compensation. If the injury causes temporary or permanent total disability, the fund shall pay to the disabled employee during such disability a weekly compensation equal to sixty-six and two-thirds percent of his weekly wage, subject to the maximum and minimum limitations contained in section 6

OPINION 51-104 July 26, 1951 (OPINION) MINERAL RIGHTS RE: Effect of Tax Sale In yours of the 24th inst. you ask two questions, to-wit: A sold some land to B, reserving in A the mineral rights: B defaulted in his real estate tax: 1. If the county acquires this land through tax proceedings, does it do so subject to A's mineral rights? 2. If some party other than the county purchases the land either at a tax sale or from the county subsequently, does he acquire title subject to A's mineral rights?" In our opinion the answer to each question must be yes. Ordinarily lands in

OPINION 51-26 July 25, 1951 (OPINION) COUNTIES RE: Commissioners - Expense for Meals and Lodging While Attending Board Sessions We have perused your letter of July 21, 1951, very carefully and have examined the statutes and opinions of this office cited by you. It seems that the only opinion of this office relating directly to the question is that of February 27, 1936, found on page 60 of the Report of the Attorney General for the period of July 1, 1934, to June 30, 1936. At the time that opinion was written, the present custom now followed by this office in giving its opin

OPINION 51-49 July 24, 1951 (OPINION) DISPLACED PERSONS RE: Responsibility for Institutional Care In your letter of July 16, 1951, addressed to this office, you state that certain displaced persons who have been sponsored by religious societies are at the present time in the tuberculosis sanatorium at San Haven, and that their care is being paid for by their sponsors. You state that the question arises as to how long the Lutheran Welfare Society would be responsible for their care at this institution and whether they should become inmates of some other institution. I refer you

OPINION 51-113 July 20, 1951 (OPINION) MOTOR VEHICLES RE: Use tax The office of the Attorney General of the State of North Dakota has your request for an opinion regarding a practice which has occasionally been used in your department where such organizations as the International Harvester Company have turned vehicles over to their men for use in the State of North Dakota and that title and license were issued without collecting the use or sales tax. You ask if this is proper under the law. As we understand the law it was to the effect that drivers of vehicles should make a co

OPINION 51-172 July 19, 1951 (OPINION) TAXATION RE: Estates In yours of the 17th inst. you ask our opinion as to the effect of chapter 325 Laws of 1951, which amended section 57-3711 (2), as to whether the amendment affects estates of decedents who died prior to the effective date of the amendment. You refer to the opinion of this office appearing on pages 176 and 177 of the Report of the Attorney General for July 1st, 1948 to June 30th, 1950. We adhere to that opinion. However, that opinion related to what was in effect a penalty for nonpayment of the estate tax rather th

OPINION 51-34 July 18, 1951 (OPINION) COUNTIES RE: Filing Fees in Appeal from Justice Court We have yours of the sixteenth instant re proper filing fee for the filing of an appeal from the justice court to the district court in civil actions. A search through the various codes and compilations of the laws of North Dakota fails to discover a specific statute providing for a filing fee for filing an appeal from a justice court. Prior to 1915 fees were provided for different actions, fees varying in cases where judgment was entered by default, or after jury trail, but no specifi

OPINION 51-79 July 16, 1951 (OPINION) HIGHWAYS RE: Rights of Abutting Owner Yours of the twelfth inst. has been received. In this letter you state that the following situation has arisen in your county: One of the townships of this county complains that owners of land abutting township roads are making use of the ditches of said roads in their private drainage systems. In so doing the ditches are being deepened and the board of supervisors feel that this will eventually be harmful to the road. The question arises as to whether the abutting owner may make such use of the di

OPINION 51-179 July 16, 1951 (OPINION) TAXATION RE: Gasoline Used for Refrigeration in Trucks Exempted You call the attention of the Attorney General to an opinion written August 12, 1941, by Clifford Jansonius and another written October 18, 1941, by Wm. R. Pearce, at the time when both gentlemen were assistant attorneys general. Mr. Jansonius held that gasoline used for air-conditioning in busses was not exempt upon the ground that it was used for industrial purposes. Said opinion was overruled by Mr. Pearce, who in fact held that gasoline used for refrigeration in trucks

OPINION 51-147 July 16, 1951 (OPINION) SCHOOLS RE: Agricultural Not Entitled to Emergency Relief We have your request for an opinion as to whether or not county agricultural and training schools are entitled to the benefits of chapter 115-40 of the 1943 Code. The answer to this question depends upon the meaning of the word "School district" as used in chapter 15-40. Your question pertains specifically to the Walsh County Agricultural School in Park River and under the law said school is organized as a county unit. It is our opinion that when the word "district" or "school dis

OPINION 51-11 July 13, 1951 (OPINION) ASSESSORS RE: Who is "Competent Citizen" In your letter of July ninth you request the opinion of this office as to whether or not the "competent citizen" who may be appointed as a special assessor under the provisions of section 57-1408 (2) N.D.R.C. must be a resident of the district which is to be reassessed. Our Supreme Court has not, so far as we can ascertain, passed upon this question. Since the universal rule in American government is that an officer must be a citizen and resident of the governmental subdivision which he represents,

OPINION 51-84 July 9, 1951 (OPINION) INSURANCE RE: Premium Tax We have your inquiry concerning the communication received by you under date of June 30, from Mr. Harlie Spencer, Examiner of the Indiana Department of Insurance, Zone 4 N.A.I.C. Mr. Spencer states that in a convention examination of the Equitable Life Assurance Society, it has been found that neither payroll deductions from employees' salaries or contributions made by the society for the society's retirement plans have been allocated to the various states as taxable premiums on schedule "T". He further states th

OPINION 51-35 July 9, 1951 (OPINION) COUNTIES RE: Financing of New Courthouse Your letter of June twenty-eighth re above has been received. In this letter you ask for an opinion from this office touching phases of this matter. Section 11-1116 N.D.R.C. gives the county commissioners authority to build a courthouse, if the expenditure will not be more than the current year's revenue. Section 11-1118 N.D.R.C. provides a procedure when the current year's revenue will not cover the court. We presume that the question of the extraordinary outlay has been submitted to a vote of t

OPINION 51-212 July 6, 1951 (OPINION) WORKMEN'S COMPENSATION RE: Interpretation of Section 65-0509 This is in reply to a request for an interpretation of section 65-0509 of the North Dakota Revised Code of 1943, as amended by the 1951 Session Laws, with reference to the bold-faced language. 65-0509. Total Disability; Weekly and Aggregate Compensation. If the injury causes temporary or permanent total disability, the fund shall pay to the disabled employee during such disability a weekly compensation equal to sixty-six and two-thirds percent of his weekly wage, subject to the

OPINION 51-39 July 2, 1951 (OPINION) COUNTIES RE: Powers of Coroner In your letter of June 22 requesting an opinion you state that you were recently called in by a local police officer and told that a car accident had taken place and that two persons were killed. Upon arriving at the scene of the accident you state the funeral director had removed two injured persons and had left with the remains of the two persons killed. You wish to know what authority, if any, a coroner has with respect to a situation such as you have set forth and whether or not the coroner has the autho

OPINION 51-154 July 2, 1951 (OPINION) SOIL CONSERVATION RE: Election In your letter of June 21 reference is made to House Bill 649 passed by the 1952 Legislative Assembly and amending section 4-2203, 4-2222 and 4-2221 of the North Dakota Revised Code of 1943, relating to Soil Conservation Districts and providing for the election of District Supervisors. You state section 4-2221, General Election of Districts, as passed by the House provided that, "The judges and election officers at such district general election shall be appointed by the officers of the Soil Conservation Dist

OPINION 51-74 June 29, 1951 (OPINION) HIGHWAYS RE: Axle Load Law This will acknowledge receipt of your letter of June 25 in which you state that a question has arisen as to the interpretation to be placed upon some of the language contained in Senate Bill 117 of the 1951 Legislative Assembly as it amends subsection 3 of section 39-1204 of the 1943 Revised Code as amended by chapter 264 of the 1947 Session Laws. You state that the specific language which it is alleged is incapable of interpretation and therefore unworkable, reads as follows: All axles shall have adequate acting

OPINION 51-52 June 28, 1951 (OPINION) DRAINS RE: Disposition of Funds My opinion has been requested by the State Water Commission as to the disposition of $2806.92 paid the Commission by the State Highway Department and by the Lewis and Clark Irrigation District. The circumstances surrounding the payment of said sum to the Commission are as follows: In 1947 the Legislature appropriated into the Administrative Fund of the State Water Commission the total sum of $600,400, or so much thereof as may be necessary for the payment of all general administration expenses of said Comm

OPINION 51-73 June 26, 1951 (OPINION) HAWKERS AND PEDDLERS RE: Sale by Sample In your letter of June 13 you ask for an interpretation of chapter 51-03, N.D.R.C. 1943 with respect to hawkers and peddlers, particularly in regard to the sale of agricultural products from farm to farm where such peddlers carry the seed with them or merely a sample and promise delivery at a later date by common carrier. Insofar as licenses are concerned, the law provides no exemption for agricultural products. Such peddling and hawking comes within the purview of the statute and under the law as i

OPINION 51-123 June 26, 1951 (OPINION) OFFICERS RE: Offices of Judge of County Court and Justice of the Peace not Incompatible In your letter of June 14 you state that you have a situation in Divide County where it is necessary to have the judge of the county court and the clerk of the district court a combined office appointed by your county commissioners as justice of peace. You state that this necessity arises from lack of suitable persons to so act as a justice of peace. It is our opinion that there is no conflict. The test in such cases is whether or not there is a co

OPINION 51-127 June 20, 1951 (OPINION) PARENT AND CHILD RE: Termination of Parental Rights, Adoption, Power of the Court Your have asked the Attorney General for an opinion regarding some features of our statutes pertaining to termination of parental rights and adoptions. One question is whether a district court in hearing a divorce case can issue a decree effectively terminating the parental rights of either party to the divorce action to the offspring involved. Another question raised by your request is, if an unmarried mother goes before a county judge as required in section

OPINION 51-129 June 18, 1951 (OPINION) PLUMBERS RE: Master Plumber Cannot sit as Journeyman Member on Board You ask for an opinion regarding section 42-1801 of the Revised Code of 1943. You state in your letter of June 11 that the State Association of Master Plumbers wishes to submit a candidate for a position on the board who is licensed master plumber and you state that he also is licensed as a journeyman plumber. You state that the candidate in question will sit as the journeyman member of the board. You also state that it is your opinion that the appointment would not b

OPINION 51-37 June 14, 1951 (OPINION) COUNTIES RE: Microfilming of County Records You have requested the opinion of this office as to the legality of the recording of various county instruments through the microfilming procedure, and the subsequent destruction of the records now kept. In some instances our laws may provide that the county official must keep the original document for recording purposes. In those cases, of course, where the law is mandatory, it is clear that the original of the document must be kept for the required number of years before it can be destroyed.

OPINION 51-37 June 14, 1951 (OPINION) COUNTIES RE: Memorial Funds Your letter of June twelfth calls for an interpretation of section 11-3201 1949 Supplement to N.D.R.C. 1943. This section provides several sources of funds for the memorial fund created by section 11-3202 Supplement; among them are the following: 1. Funds out of the general fund of the county; 2. Funds which have been raised by taxation for memorial construction; 3. Funds to be raised by special annual levy for five years; 4. Private donations. Clearly the memorial fund consists of moneys from all of th

OPINION 51-31 June 11, 1951 (OPINION) COUNTIES RE: County Commission Powers The question your board of county commissioners left for the Attorney General to answer the other day has been referred to the undersigned for attention and reply. You ask whether or not in our opinion the board of county commissioners has the authority to enter into a contract with anyone for the purpose of starting a law suit aimed at getting a reversal of the holding of the North Dakota Supreme Court that counties cannot reserve unto themselves fifty percent of mineral rights in tax deeds issued by

OPINION 51-210 June 11, 1951 (OPINION) WORKMEN'S COMPENSATION This is in answer to your request for an opinion on the following question - are the North Dakota workmen's compensation statutes intended to be final and conclusive in determining all the employees rights against the employer and insurer growing out of an injury in the course of the employment in the state of North Dakota. The pertinent sections that govern this are section 65-0108, which states, "An employer securing the payment of compensation to his employees by contributing premiums to the fund shall be relieved

OPINION 51-108 June 11, 1951 (OPINION) MONEYS RE: Distribution of Remittance Received from Sale of Confiscated Car You state that the office of the State Treasurer has received a check from the County of Burleigh, dated May 16, 1951, No. 3017 and in the amount of $1884.12. This remittance is money from the sale of a confiscated car. You request the opinion of this office as to the distribution or crediting of the above mentioned money. Section 29-3108, N.D.R.C. 1943 provides: "After deducting the costs and expenses of a proceeding for sale under this chapter (Confiscation

OPINION 51-178 June 7, 1951 (OPINION) TAXATION RE: Gasoline You have submitted the following questions to this office for an opinion: We submit the following questions which we would like to have interpreted. Please let us know whether or not the following Federal Government Agencies are exempted from the North Dakota gasoline tax. 1. Federal Government-owned vehicles operated exclusively by Federal Government personnel. 2. Federal Government-owned vehicles operated by private contractors which are engaged in the performance of Federal Government contracts. 3. Priva

OPINION 51-82 June 4, 1951 (OPINION) INSTITUTIONS RE: Request for Cadavers from University Medical Department You have requested the opinion of this office as to the method of procedure and whether parent or guardian consent is needed in cases where the department of anatomy of the University of North Dakota has requested bodies which are to be buried at public expense for the purposes of dissection. Section 23-0614, N.D.R.C., 1943, provides: * * * medical school, upon request, may receive and remove free of charge the bodies of the following deceased persons, if such bodies a

OPINION 51-105 June 2, 1951 (OPINION) MINERALS RE: Procedure When State Leases You request an opinion to House Bill 708, as well as the manner in which the state and its political subdivisions lease an interest in oil and gas. House Bill 708, passed at the thirty-second session of the legislative assembly, with the emergency clause attached, in its first section simply provides for the leasing of lands owned in whole or in part by the state under the terms of the act. Section 2 of the act provides that the state of North Dakota or any of its departments or agencies shall adver

OPINION 51-126 May 29, 1951 (OPINION) OPS RE: Conflict of State and Federal Laws House Bill 613, passed by the 1951 legislative assembly, provides for an increase in charges allowed on a warehouse and storage contract. Prior to the passage of this measure, grain was insured and stored subject to the charges provided in section 60-0217, NDRC, 1943, as follows: a. One-thirty-sixth of one cent net bushel per day, provided, however, that no storage shall be charged for grain so stored for 15 days from date of delivery. b. Payment or tender of a delivery charge per gross bushel

OPINION 51-75 May 25, 1951 (OPINION) HIGHWAYS RE: Compensation for Moving Poles on Right-of-way You have forwarded to this office a letter from Mr. Frank Hall, secretary of the Edinburg-Gardar Telephone Company, Edinburg, North Dakota, dated April 27, 1951. In that letter Mr. Hall stated: This is to let you know that we are not going to remove our telephone line in Walsh county along highway No. 32, at our expense. We have franchise from the township of Hampton, which is legal, and since the company was organized we have been paid for removal of all lines." We understand th

OPINION 51-85 May 23, 1951 (OPINION) INSURANCE RE: Purchase by Grafton State School The Attorney General's office is in receipt of a letter from an insurance agency inquiring whether or not the Grafton State School can buy an automobile policy from an assessable company, or a company which also requires a membership. Section 26-1411 N.D.R.C. 1943, provides: Any public or private corporation, board, or association in this state or elsewhere may make applications and enter into agreements for, and hold, policies in, any mutual insurance company organized under the provisions of

OPINION 51-147 May 23, 1951 (OPINION) SCHOOL DISTRICTS RE: Powers of Directors in Special You have requested an opinion from this office regarding the powers of the directors of a special school district. This question is propounded by you as you claim that statements are made that after a special school district is formed the officials of such school district have power to make excess levies, incur excessive indebtedness and burden the school district with excessive taxes. In response to your request we wish to inform you that special school districts have limitations on lev

OPINION 51-93 May 22, 1951 (OPINION) INSURANCE RE: What Property May A County Mutual Insure Your letter of May 11, 1951 enclosing a copy of policy No. 2023 of The Kenmare Farmers' Mutual Fire and Lightning Insurance Company, purporting to insure property belonging to Renville County has been received. After consulting the records in the Insurance Department we find that the Kenmare Farmers' Mutual is what is known as a 26-15 company, or county mutual. As a county mutual the territorial limits of the company's operation are defined by section 26-1513 and subsection 3 of 26-15

OPINION 51-197 May 22, 1951 (OPINION) UNIVERSITY RE: Bond Required When Medical Department at University Uses Cadaver In your letter of May 8, 1951, addressed to P. O. Sathre, State Supreme Court, and which letter was referred to this office, you request an interpretation of statute 23-0614, NDRC, 1943, which permits the use of human cadavers in medical instruction, together with statute 23-0616, NDRC, 1943, which requires that a bond be given by the medical school to officers surrendering bodies to the school. You state that it is difficult for the department or officer in cha

OPINION 51-176 May 22, 1951 (OPINION) TAXATION RE: Exemption of Farm Structures In your letter of May 17, 1951, you state that a problem has arisen relative to the construction of section 57-0208, NDRC, 1943, which reads in part as follows: All property described in this section to the extent herein limited shall be exempt from taxation, that is to say: * * * 5. All farm structures, and improvements located on agricultural lands. This subsection shall be construed to exempt farm buildings and improvements only, and shall not be construed to exempt from taxation industrial p

OPINION 51-166 May 22, 1951 (OPINION) STATUTES RE: Where No Appropriation in Act, Department May Petition Emergency Your letter dated May 18, 1951 has been received. In this letter you state that under the provisions of House Bill 760 the inspection of nurseries and nursery stock was placed in the Department of Agriculture, but the bill carried no appropriation for the cost of administration. Our supreme court in several instances has held that where an act provides that a certain salary is to be paid and where there is no specific appropriation, the declaration in the act fi

OPINION 51-122 May 21, 1951 (OPINION) OFFICERS RE: Judges - RETURN OF Retirement Contributions We have your letter of May 17 requesting an opinion as to the application made by Beth R. Thomson as executrix of the estate of Harold P. Thomson for repayment of contributions made to the retirement fund of judges. Chapter 206 of the 1949 Session Laws provides for retirement of justices of the supreme and district courts. Section 2 of that act provides that the judge shall pay an assessment of five per cent of his salary. The 1949 law had a provision that if any judge of the sup

OPINION 51-42 May 18, 1951 (OPINION) COUNTIES RE: Right to Delay Rentals After Supreme Court Decision Held Countie Could Not Retain an Interest In your letter of May 4, 1951, you state that your first problem is this: Section 38-0910, N.D.R.C., 1943, provides for rents and royalties after termination of the county's interest in land. You state that your county has held considerable land in the past which has been sold and consequently it has obtained a considerable amount of mineral interest, all of which was held void under the Supreme Court decision in the case of Northwes

OPINION 51-56 May 16, 1951 (OPINION) EDUCATION RE: City Superintendent of Schools Need Not Be Bonded I have searched and cannot find any law in the State of North Dakota requiring a city superintendent of schools to be bonded. It is therefore my opinion that a city superintendent of schools is not a "public employee, who is required by any law of this state to be bonded" as defined in section 26-2301, N.D.R.C. 1943. Unless further good reason is shown why city school superintendents should be bonded, I recommend that such bonds be denied. ELMO T. CHRISTIANSON Attorney Genera

OPINION 51-135 May 16, 1951 (OPINION) PRINTING RE: 1951 Amendment No Effect on Prior Valid Contract You state that you have a contract outstanding on pamphlets which does not expire until December 31, 1952. Senate Bill 64, which amended the law covering the classes of printing, also provides that separate contracts for each class shall be let by the commission under competitive bidding in accordance with the provisions of the printing law. This law, which did not carry an emergency clause, will become effective in July, 1951. You would like to know the effect of this law as o

OPINION 51-69 May 14, 1951 (OPINION) GAME AND FISH RE: Procedure on Seizure of Property Unlawfully Used in Taking Game Your letter of May 10 re above matter has come to my desk. You ask for the proper procedure of a warden on seizure of property unlawfully taken or used in the taking of fish or game, especially in view of H.B. 694, which amends section 20-1001 N.D.R.C. Section 20-1001 as amended sets forth particularly what may be seized, so there is no reason to set the same forth herein. This part of the section remains as it was before the amendment. The amendment relate

OPINION 51-191 May 8, 1951 (OPINION) TAXATION RE: Use Tax on House Trailers Your letter of May 8, 1951 has been received. You ask for an opinion on how the use tax can be applied to house trailers under recent legislation which will become effective July first, 1951. You further ask whether you can collect the use tax before you issue titles on house trailers. Under the provisions of Section 57-4002 a use tax is imposed on the storage, use or consumption in this state of tangible personal property purchased at retail for storage, use or consumption in this state at the rat

OPINION 51-57 May 2, 1951 (OPINION) EDUCATION RE: What Constitutes Regular Enrollment In your letter of April 28, 1951, you ask for an opinion from this office as to what constitutes regular enrollment under section 15-4014, N.D.R.C., 1943, as amended. You state that it is your understanding that the superintendent of public instruction interprets that section to mean regular attendance. You state further that it is your contention that a student is regularly enrolled even though he may miss a few days during the term. This office agrees with your contention. In reading the

OPINION 51-112 May 2, 1951 (OPINION) MOTOR VEHICLES RE: Registration of Trucks Used For Well Drilling You have submitted to this office the question of whether or not a truck on which is mounted well drilling equipment must be registered under our laws. We understand that generally the well drilling machine is built on the frame of the truck and derrick is carried over the top of the machine and over the cab with a support built on the front of the truck to carry the top end of the derrick. We understand further that the vehicles in question travel on the state highways whe

April 30, 1951 (OPINION) RESIDENCE RE: Old Age Assistance Yours of the 24th inst. in the above matter has been referred to my desk. This matter relates to the legal residence of Bertha Locken, of Northwood, North Dakota. The facts as stated to us are as follows: "Mrs. Bertha Locken is residing at Northwood, North Dakota and has recently talked with the rural caseworker regarding old age assistance. Mrs. Locken is the legal wife of Carl Locken who, we believe, is receiving old age assistance at the present time in Minot, North Dakota. Mrs. Locken told the worker that she h