North Dakota Attorney General Opinions

OPINION 47-189 October 25, 1947 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Architects - License Required Your letter of October 22, 1947, regarding the right to practice architecture in this state of one who was practicing architecture before the passage of the architectural law, has been received and sent to my desk. The law requiring architects to be licensed was originally enacted in 1917. This law, with few amendments, is now chapter 4303 of the 1943 Revised Code. Section 43-0309 provides that no person shall practice architecture as a profession in this state unless he h

OPINION 47-109 October 24, 1947 (OPINION) ELECTIONS RE: Separate Municipalities Must Hold Separate Elections Your letter of October 17, 1947, addressed to the attorney general, has been received and contents noted. You state that the Fargo city commission and the board of education of the city of Fargo are tentatively planning to schedule a joint bond election at the time of the regular city election in April, 1948. The city plans to issue bonds for storm sewers and also secure permission to levy for a building fund. The board of education is interested in issuing bonds for

OPINION 47-230 October 18, 1947 (OPINION) TAXATION RE: Sales Tax - Allocation of Your letter of October 15 has been received and contents of same have been noted. You inquire whether the retail sales tax act passed by the 1947 Legislature is in conflict with chapter 309 of the Session Laws of 1941 and which now appears as section 57-3932. Chapter 309 of the Laws of 1941 was an amendment of section 25 of chapter 234 which was the sales tax act of 1939. Said chapter 234 extended the operation of the sales tax act for the biennium beginning July 1, 1939, and ending June 30, 194

OPINION 47-188 October 17, 1947 (OPINION) MOTOR VEHICLES RE: Taxation of Trailer Houses This will acknowledge the receipt of your letter addressed to Attorney General Nels G. Johnson under date of October 14, 1947. In your letter you say: Considerable misunderstanding and controversy is developing incident to the assessment and taxation of house trailers. Many of these house trailers have been placed on more or less substantial foundations and are being used as residences in many localities over the state. Some assessors have assessed them as realty, others assessed them a

OPINION 47-122 October 11, 1947 (OPINION) EDUCATION RE: Teachers Certificate - Revocation - Chap. 146 - 1947 S.L. I have your letter in which you inquire whether under House Bill 109 (Chapter 146 Session Laws of 1947) your department has the authority to suspend a teacher's certificate when it appears that he has broken a contract to teach. Section 4 of said Chapter 146 provides: "Provided that in the event of breach of contract on the part of a teacher, the superintendent of public instruction shall suspend such teacher's certificate for a period not to exceed one year, duri

OPINION 47-26 October 3, 1947 (OPINION) CERTIFICATES OF INDEBTEDNESS RE: When Sold Without Advertising for Bids Your letter of September 30, 1947, relating to the above, has come to my desk. Section 21-0211 of the 1943 Revised Code seems to be made up by the code commission by combining sections 4285a4 and 4285a5 of the 1925 Supplement. By referring to these sections, it is my opinion that if the school district can sell certificates of indebtedness at par to bear not more than five and one-half percent interest per annum then they may be sold without advertising. However, if

OPINION 47-66 September 26, 1947 (OPINION) COUNTIES RE: Commissioners No Authority to Discontinue County Agent's Office Yours of the 24th, inst. stating that you are of the opinion that your Board of County Commissioners must appoint a successor to fill the vacancy in the position of County Agent in your county caused by the resignation of your former county agent, received. With this opinion we fully agree. County agent work seems to have been introduced into this state under the provisions of chapter 117, Laws of 1913, sec. 2263, Compiled Laws of 1913. This Act was not ve

OPINION 47-181 September 26, 1947 (OPINION) VETERANS AID COMMISSION RE: Fund - No Audit by State Board of Auditors You have asked us for an interpretation of Chapter 72, Laws of 1947. Chapter 269, Laws of 1943 (Chapter 37-14 of the North Dakota Revised Code of 1943) established a "Veteran's Aid Commission," made an appropriation therefor and provided a method of disbursing said fund. This act did not provide for a segregation of any part of the appropriation for payment of salaries or other expenses of administration, but evidently such expenses were intended to be paid from th

OPINION 47-244 September 22, 1947 (OPINION) WELFARE RE: Counties - Fixing Salaries This office in in receipt of your letter of September 12, 1947, advising that you have a letter and request from the Barnes County Welfare Board for clarification of the relationship between the county welfare board and the board of county commissioners with reference to fixing salaries of the employees of the county welfare board. You quote from the letter of the Barnes County letter as follows: "It is important that the county welfare boards know where their authority and jurisdiction begins

OPINION 47-111 September 12, 1947 (OPINION) EDUCATION RE: Emergency Appropriation - Chap. 164 - 1947 Session This office is in receipt of your letter of September 9, 1947, stating that a question has been raised by state Auditor Berta E. Baker and State Examiner John A. Graham, as to whether or not balances now remaining in the emergency appropriation made by chapter 30 of the 1947 S.L., same being H.B. 49, may be drawn upon for payment of the increased teacher-unit payments in accordance with the increased payments as authorized by chapter 164 of the 1947 Session Laws. We see

OPINION 47-65 September 8, 1947 (OPINION) COUNTIES RE: Clerk's Fees in Connection with Discharge of Real Estate Mortgages This will acknowledge your letter of September 3, 1947, in which you request an opinion from this office relative to the filing fees to be charged in connection with the discharge of real estate mortgages under the terms of section 35-0313 of the 1943 Revised Code, and for petition for change of name of an individual. We have already held that subsection 10 of section 11-1704 of the 1943 Revised Code applies as to the fees to be charged by the clerk of the d

OPINION 47-227 September 8, 1947 (OPINION) TAXATION RE: Gasoline Tax Refunds - Construction of Law - Applicability to Wild Life Service Your letter has been received in which you enclose a letter from Mr. T. S. Kibbe, Acting Regional Director, Department of the Interior Fish and Wildlife Service. In this letter inquiry is made as to the use of the word "intended" which appears in the initiated law of this state, which became effective January 1, 1947, relative to motor vehicle fuel tax refunds. Said word "intended" appears in section 1 of the act which se

OPINION 47-150 September 5, 1947 (OPINION) INTOXICATING LIQUOR RE: City - Territorial Jurisdiction Over Liquor Traffic This will acknowledge your letter of August 29, in which you raise the question of the territorial jurisdiction of the City of Napoleon under and by virtue of sections 40-0601 and 40-2005 of the Revised Code of 1943, particularly as applied to ordinances dealing with regulation of the liquor traffic. Section 40-0601 of the North Dakota Revised Code of 1943, in so far as the same is pertinent reads as follows: "Except as otherwise provided by law a governing

OPINION 47-23 September 3, 1947 (OPINION) BONDS RE: Open Bidding for - When Your letter of August 28th, 1947, addressed to the attorney general, requesting an interpretation of section 21-0327 N.D.R.C. 1943, has come to my desk for attention. Your request requires an interpretation of the above section, and, as the matter is of particular interest to the Bank of North Dakota, the bank officials have orally joined in your request. As the matter is of considerable importance, we have had an office conference on the subject and have given some considerable time to a study of the

OPINION 47-64 August 27, 1947 (OPINION) COUNTIES RE: Treasurer's Term Limited to Four Years in Succession Re: Chapter 11-14, North Dakota Revised Code of 1943 Your letter of August 25 has come to my desk for reply. This office has had several occasions to construe the above section. One opinion is given in the Attorney General's Report of 1944-46 at page 56. Perhaps your County Auditor or State's Attorney has a copy of this report. The purpose the constitutional convention had in limiting the treasurer and sheriff to two successive terms was to minimize the opportunity for

OPINION 47-196 August 27, 1947 (OPINION) POSTAGE RE: Revolving Fund Re: Sec. 48-0606, North Dakota Revised Code of 1943, Postage Revolving Fund Your letter of August 25 re the above has come to my desk for attention. The Legislature, by Chapter 214, Laws of 1941 established a central mailing bureau and directed the Board of Administration to maintain and operate the same. Sec. 48-0601, North Dakota Revised Code of 1943. By section 7 of the Act of 1941, now section 48-0606 of the North Dakota Revised Code of 1943, the Legislature created a revolving fund

OPINION 47-211 August 26, 1947 (OPINION) SPECIAL SCHOOL DISTRICTS RE: How Organized - Chap. 15-27 Your letter of August 18, 1947, addressed to this office, has been received in which you ask for our opinion on the following state of facts. The Steiner School District No. 29, Hettinger County, had an election a year and a half ago on the question of consolidation of the schools in the district which election duly carried. Shortly thereafter a one-room school building was moved to the townsite of St. Placidus and this school was operated with one teacher during last year. Thi

OPINION 47-198 August 26, 1947 (OPINION) RAILROAD RE: Right-of-Way - Use of by Truck Your letter under date of August 22, 1947, addressed to the Public Service Commission has been referred to the Attorney General for his consideration and reply. In your letter you say: "We have been planning on trucking some of our grain on account of the car shortage. The depot agent told us that the G. N. Ry. Co. would not allow trucks to load upon the right-of-way. Please tell us if they can stop us. "What would be the possible result if we just went there anyway and loaded up? "Another

OPINION 47-222 August 21, 1947 (OPINION) TAXATION RE: Abatement of Taxes on Condemned Land Re: Taxes on Land Conveyed by Federal Government I had occasion a number of times to study the law relating to taxes on land that has been condemned either by state or federal governments. It is my opinion that when either the state or federal government has taken land under condemnation proceedings all proceedings for the taxation of that land are abated. It appears from your letter that the government seized the lands involved in December, 1946. It is my opinion that the 1946 ta

OPINION 47-187 August 21, 1947 (OPINION) MOTOR VEHICLE RE: Definition of Re: Section 57-4201 of the North Dakota Revised Code of 1943 Your letter of August 20 referring to Chapter 262, Section 1 of the 1943 Session Laws has been received and referred to my desk. This chapter is now Section 57-4201 of the North Dakota Revised Code of 1943. It is my opinion that the term "motor vehicle" found in the third line of subdivision 2 of the above section means and includes any and all vehicles of every kind or nature which are actually propelled by internal combustion engines. It

OPINION 47-200 August 19, 1947 (OPINION) RAILROAD RE: Full Train Crew Law Re: Full Train Crew Law Your letter under date of August 13, 1947, addressed to the North Dakota Public Service Commission, has been referred to the attorney general's office for attention and reply. In your letter you say that the Midland Continental Railroad Company operates "four regular mixed trains, caboose used for handling express, mail and passengers'; that the same crew consisting of one engineer, one conductor, and one brakeman operate these trains and that on occasions the company runs a bus

OPINION 47-186 August 19, 1947 (OPINION) MOTOR VEHICLE RE: Drivers License - Examination or Test This will acknowledge your letter of August 13 in which you refer to Section 39-0606 (1) as amended by Chapter 265 of the 1947 Session Laws. I recently had occasion to write to a lady inquiring about her license under Chapter 265. I enclose a copy of the letter I wrote on August 1 in that connection. It covers at least in part the question that you present. I note that the Highway Department has advised you that you should not issue a 1947 driver's license to anyone who does no

OPINION 47-144 August 15, 1947 (OPINION) INSURANCE RE: State Institutions - Re-insurance This will acknowledge your letter of August 14, 1947, in which you refer to section 26-2422 of the 1943 Revised Code, as amended by section 4 of chapter 219 of the 1947 Session Laws, which requires that the Commissioner of Insurance procure and keep in force a policy or policies of reinsurance or excess insurance on the North Dakota State Mill and Elevator, the Twine and Cordage Plant, and on any and all other extraordinary risks of like nature owned by the State of North Dakota or any of i

OPINION 47-185 August 14, 1947 (OPINION) MOTOR VEHICLES RE: Scooters - Brakes This is in reply to your letter of August 12 addressed to the Attorney General. You inquire whether motor scooters come within the requirements as to brakes or any equipment usually required on motorcycles. Section 39-1123 of the North Dakota Revised Code of 1943 provides as follows: BRAKES ON MOTOR VEHICLES AND MOTORCYCLES; REQUIREMENTS. Every motor vehicle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, includ

OPINION 47-236 August 7, 1947 (OPINION) TEACHERS INSURANCE AND RETIREMENT FUND RE: Teachers Who Served in Armed Forces of U.S.A. - Credit This is in reply to your letter of July 31 enclosing a letter from Miss Minnie J. Nielson, Executive Secretary, Teachers Insurance and Retirement Fund, in which she requests interpretation of the provisions of section 15-3937 of the North Dakota Revised Code of 1943. Said section reads as follows: "PARTICIPATION IN FUND BY MEMBERS OF ARMED FORCES. Any person who, since the first day of January, 1940, entered into active service in the army

OPINION 47-91 August 4, 1947 (OPINION) MARRIAGE RE: License - Serological Test - Section 14-0312 Re: Authorization of County Judge to Issue Marriage License If One or both Parties to a Contemplated Marriage Contract Are Afflicted with Syphilis in Communicable Form This will acknowledge the receipt of your letter of July 31, 1947, with reference to the issuance of marriage licenses in certain cases. In your letter you say: * * * The question comes up every now and then in issuing marriage licenses. In fact there is a man twenty-nine years who has made appli

OPINION 47-199 August 4, 1947 (OPINION) RAILROAD RE: Full Crew Law - Mixed Train This will acknowledge the receipt of your letter of August 2, 1947, in which you request the opinion of this office as to whether, under the so-called full crew law of North Dakota, a baggage man or express messenger must be employed by the Northern Pacific Railroad on a mixed train, which carries baggage and express, operated daily from Mandan, North Dakota to Linton, North Dakota and return, the work ordinarily performed by an express messenger, being done by the conductor of the train who receiv

OPINION 47-142 August 2, 1947 (OPINION) INSURANCE RE: Loans to Corporation - Officers This office is in receipt of your letter of July 30, 1947, making inquiry as to whether or not an insurance company may legally make a loan to another corporation in a case where some of the officers and directors of an insurance company are also officers and directors of the corporation requesting a loan. It may be stated as a general proposition that corporations controlled and managed by the same officers have a right to deal with each other and the mere fact that some, a majority, or all o

OPINION 47-191 July 24, 1947 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Electrician - City Inspectors - Supervision This is in further reply to your letter of July 17 in which you inquire whether the state Board of Electricians could exercise supervision over electrical work in cities having their own inspectors. Section 43-0921 specifying standards for electrical wiring and equipment provides as follows: "All electrical wiring, apparatus, or equipment shall comply with the rules and regulations of the board, the public service commission, the commissioner of insurance, and the

OPINION 47-30 July 15, 1947 (OPINION) CITIES RE: Claims Against Municipalities - Form of Re: Sections 54-1404, 40-0112, 40-3311, 40-1606, 6-0125 Yours of the 11th inst. with reference to the above sections has been received and has come to my desk for attention. It is my opinion that section 54-1404 applies only to proof of claims against the State itself. It applies to municipalities only as made so by other enactments. Thus section 40-0112 specifically provides that "no account or claims against a municipality shall be allowed by the governing body thereof unless the cl

OPINION 47-172 July 11, 1947 (OPINION) LIVESTOCK RE: Sanitary Board - Contracts with Members Illegal This is in reply to your recent letter addressed to the Attorney General in which you inquire whether the veterinary members of the Livestock Sanitary Board may act as agents of the board. Section 36-0108 of the North Dakota Revised Code of 1943 prescribes the duties of the members of the Board and provides as follows: The state livestock sanitary board shall protect the health of the domestic animals of this state and shall determine and employ the most efficient and practical

OPINION 47-204 July 10, 1947 (OPINION) RETIREMENT RE: Employees Penal Institutions - Compensation Authorized This office is in receipt of your letter of July 9, 1947, in which you say that one of the employees of the state penitentiary is, under the terms of Senate Bill No. 112 enacted by the 1947 Legislature, entitled to retirement compensation, having been employed at the institution for more than thirty years. This bill provides that a person eligible for retirement shall be paid at the rate of one-half of the average salary received by him for the last ten years of his empl

OPINION 47-184 July 10, 1947 (OPINION) MOTOR VEHICLE RE: Scooters are Motor Vehicles Your letter addressed to the State Highway Commissioner under date of June 30, 1947, has been referred by him to this office for reply. In your letter you say: I would like to have a matter clarified in regard to young boys operating these so-called 'motor scooters.' I understand that you will issue Drivers Licenses to boys under 24 for automobiles in emergency cases. An example of this would be where the father is deceased and the boy is the oldest in the family. Now, would you issue Per

OPINION 47-243 June 30, 1947 (OPINION) WATERS RE: Irrigation Projects, Authority of Water Conservation Commission to Aid in Repairing Dams and Irrigation Facilities This office is in receipt of your letter of June 30, 1947, asking for the opinion of this office on the following proposition: You state that sometime ago Congress authorized the transfer of what has been commonly known as the "Burlington Properties" near Burlington in Ward County, North Dakota, by the secretary of agriculture to the state of North Dakota, acting by and through the state industrial commission. The

OPINION 47-242 June 30, 1947 WATERS — Irrigation Districts — Power of Water Conservation Commission to Aid in Repair of Irrigation System This is in reply to your letter of June 30, 1947, addressed to the attorney general’s office, in which you ask for our opinion upon the following proposition: “Sometime ago the State Water Conservation Commission constructed an irrigation system for the Sioux Irrigation District in McKenzie County, North Dakota. This District lies near t

OPINION 47-118 June 27, 1947 (OPINION) EDUCATION RE: Reorganization Law - Payment of Per Diem - County Committees This is in reply to your letter of June 25, which you addressed to the attorney general. You ask for the opinion of this office as to whether the county committee created under the provisions of House Bill 43 are to be paid out of county funds or out of the appropriation made in the bill. Section 7 of the Act provides that members of the county committee shall each receive as full compensation for their services the sum of $6.00 per day, but in no event shall any m

OPINION 47-44 June 25, 1947 (OPINION) COUNTIES RE: Clerk's Fees for Recording Papers Not Filed in an Action Re: Sections 11-1704, subss. 1 and 10, 35-0313, and 59-0401, 1943 Revised Code Your letter of June 18, 1947, relating to clerk of court fees under the above sections, at hand. Since there is no specific provision in section 11-1704 for recording of papers in connection with the proceedings for discharge of mortgages under section 35-0313, it is my opinion that subsection 10 of section 11-1704 would apply. This reads as follows: "For recording and indexing any paper n

OPINION 47-55 June 20, 1947 (OPINION) COUNTIES RE: Bond of Public Administrator Covers Only His Acts Under Such Office Re: Public Administrator - Chapter 11-21, N.D.R.C. 1943 Your letter of June 18, addressed to the attorney general, has come to my desk for attention. In answer to your question as to whether or not the public administrator's bond "stands as security for his acts" in certain guardianship cases, I will say that it is my opinion if he takes charge of the estates of minors or insane persons under the provisions, as he is authorized to do under the provisions of S

OPINION 47-26 June 20, 1947 (OPINION) BONDS RE: Levy for Payment - Continued Until Funds Paid Re: Bonds - Stolen Township, Sioux County This will acknowledge the receipt of your letter of June 18, 1947, in which you say that you do not have sufficient funds to pay the interest on the bonds issued by Solen Township, which become due July 1, 1947, and that under the provisions of section 21-0315 of the 1943 Revised Code it appears to be your duty, as county auditor, to continue the original levy until such time as the principal and interest have been fully paid. You request t

OPINION 47-32 June 11, 1947 (OPINION) CITIES RE: Insurance Tax Paid to Cities and Villages This will acknowledge your letter of June 10, 1947, in which you seek an interpretation of chapter 18-04 of the North Dakota Revised Code of 1943, providing for payment of two percent insurance tax to cities and villages. The legislative assembly of 1945 provided an appropriation of $70,000.00 for the payment of the two percent insurance tax for the biennium beginning July 1, 1945, and ending June 30, 1947. (See chapter 84 of the 1945 Session Laws). There is a discrepancy in chapter

OPINION 47-207 June 5, 1947 (OPINION) SCHOOL DISTRICTS RE: Fargo Independent - Power to Acquire Land Your letter of June 3 addressed to this office has been received and the contents of same have been carefully noted. You state that there is a subdivision known as Morton and Doty's Addition, located immediately to the southwest of Fargo. The members of the City Commission and the Board of Education think there is no doubt this subdivision will be made a part of the city within a very few years. There will be need for a school building to house several hundred children who w

OPINION 47-135 June 5, 1947 (OPINION) HIGHWAYS RE: Power of County to Change Location of Highways Re: Bald Hill Dam This will acknowledge the receipt of your letter dated June 4, 1947, in which you say that a majority of the board of county commissioners of Griggs County are willing to adopt the resolution referred to in your letter of May 26, 1947, if advised that they have the legal authority to do so. Under date of May 28, 1947, I wrote in reply to your letter of May 26, that in my opinion the question of abandonment of existing highways in the area which will be covered

OPINION 47-191 May 31, 1947 (OPINION) OFFICER RE: Subject to Removal for Neglect of Duty Re: Neglect of Duty of County Officer This will acknowledge the receipt of your letter dated May 23, 1947, in which you say that the township board of Montpelier Township has endeavored to obtain the services of the county surveyor of Stutsman County to do some surveying for the township, but that he has always claimed that he is too busy to do the work required. The duties of the county surveyor are prescribed by section 11-2001 of the North Dakota Revised Code of 1943. Said section re

OPINION 47-109 May 29, 1947 (OPINION) EDUCATION RE: Department of Public Instruction - Use of Emergency Appropriation Your letter of May 26 addressed to this office has been received and contents noted. You inquire as to the purposes for which the fund appropriated by House Bill 49 of the 1947 Legislature may be expended. The title of the Act reads as follows: "An Act providing for an emergency appropriation for the purpose of assisting school districts in financial distress, under the state aid program of the state equalization fund and declaring an emergency." Section 1

OPINION 47-134 May 28, 1947 (OPINION) HIGHWAYS RE: Authority of County Commissioners to Relocate Highways Re: Bald Hill Dam Project This will acknowledge the receipt of your letter of May 26, 1947, in which you request the opinion of this office as to the legal authority of the board of county commissioners of Griggs County to adopt a resolution by which the board agrees to bear the expense of relocating roads and bridges - such relocation being made necessary by reason of the construction of the Bald Hill Dam and reservoir. The lands required for the construction and mainten

OPINION 47-223 May 21, 1947 (OPINION) TAXATION RE: Crops on Land Sold by Counties - Who Entitled to Re: South Half of 25-164-52 - Zoller-Eid Your letter of May 19 which was not in your letter of May 2, with reference to the right of the county to retain the crop for the year 1941. You state that on July 17, 1941, a deed was issued to Mr. Zoller by Pembina County covering the above described land. The general rule is that at the time of the sale, if the crop is matured to such an extent that it no longer takes sustenance from the soil, it would be the property of the seller

OPINION 47-107 May 19, 1947 (OPINION) EDUCATION RE: Department of Public Instruction Accepting Funds from Anti-Tuberculosis Association This is in reply to your letter of May 17, 1947, in which you ask the opinion of this office upon the following proposition: It is possible that your department will be able to secure funds from the North Dakota Anti-Tuberculosis Association for the salary, clerical assistance and mileage for a director of health, recreation, and physical education. The question is, may you legally accept funds from the association for such purpose? This o