North Dakota Attorney General Opinions

OPINION 46-230 June 24, 1946 (OPINION) PUBLIC CONTRACTS RE: Bids - Emergencies I am in receipt of your letter of June 22, 1946, in which you say that on June 15, 1945, the state water conservation commission authorized the secretary of the commission to purchase a caterpillar tractor from the Dakota Tractor and Equipment company at a price of $2,925.00; that a voucher was submitted and the warrant covering same has been issued; and that you are holding the warrant until delivery of the tractor. You say that, "owing to the conditions at that time delivery was not made. This w

OPINION 46-277 June 22, 1946 (OPINION) TOWNSHIPS RE: Meetings - To be Held in Township This office is in receipt of your letter of June 19, 1946, in which you request our opinion as to the following questions: 1. May township meetings be held within a town in the township or should they be held outside of the city limits? 2. May the township undertake to do road work if the labor is not available to do the work needed? In reply to your first question, it is my opinion that township meetings must be held in township territory--that is territory over which the township has j

OPINION 45-310 June 20, 1946 (OPINION) WORKMEN'S COMPENSATION RE: Who Entitled During Time of Illness This office is in receipt of your letter of June 19, 1946, in which you say; On the 12th day of February, 1946 I was involved in an auto accident which placed me in the hospital and kept me from my office to the 1st day of June, 1946. During all this time I was not officially removed from office nor was I relieved of the official responsibility of said office. However I was deprived of the salary to said office for a period of three months, namely the months of March, April a

OPINION 46-94 June 19, 1946 (OPINION) ELECTION RE: Primary - Split Ballot Void This office is in receipt of your letter of June 17, 1946, in which you say: There seems to be a difference of opinion regarding the legality of a voter's ballot when the voter votes in two different columns - for instance - votes for all, except one candidate, in the Rep. column and votes for that one in the Dem. column. Is the entire ballot to be void or just that one vote?" Section 16-0415 of the 1943 Revised Code definitely and specifically provides for the rejection of a so-called "split bal

OPINION 46-196 June 13, 1946 (OPINION) MOTOR VEHICLES RE: Reconstructed - License Plates This office is in receipt of your letter dated June 10, 1946, in which you request our opinion as to the registration fee you would be required to pay for the registration of a motor vehicle resurrected from your car lot of junked automobiles, repaired or rebuilt, and made usable for operation on the highways. You say in your letter that the motor vehicle registrar requires a fee of $5.00 for each year since the last registration of such car, even though the registration fee was only $3.0

OPINION 46-207 June 12, 1946 (OPINION) MUNICIPAL WARRANTS RE: May Not be Issued to Banks as Security for Loans This office is in receipt of your letter of June 10, 1946, in which you inquire whether it is permissible under existing statutes for a political subdivision of the state, such as a township, village, or city, to issue and register warrants and, in effect, sell them to a bank and redeem them when funds are made available. Section 21-0104 of the 1943 Revised Code provides: "In case any taxing district is unable to sell its certificates of indebtedness, it may issue warr

OPINION 46-289 June 10, 1946 (OPINION) USE TAX RE: Property Subject to - Veterans This will acknowledge receipt of your letter of June 3, 1946, which has come to my desk for attention. We understand that your question is this: Must one Roy McCracken, who bought a jeep from the United States government in the city of Cleveland, Ohio, and shipped it to Fargo, North Dakota, for use in this state, pay the two percent tax provided by section 57-4012 of the North Dakota Revised Code for 1943 before he can obtain registration of the jeep and use it upon the highways of this state?

OPINION 46-249 June 10, 1946 (OPINION) SALES TAX RE: Use Tax - Property Bought From Federal Government This will acknowledge receipt of your letter of June 3, 1946, which has come to my desk for attention. We understand that your question is this: Must one Roy McCracken, who bought a jeep from the United States government in the city of Cleveland, Ohio, and shipped it to Fargo, North Dakota, for use in this state, pay the two percent tax provided by section 57-4012 of the North Dakota Revised Code for 1943 before he can obtain registration of the jeep and use it upon the highwa

OPINION 46-37 June 6, 1946 (OPINION) COUNTY COMMISSIONERS RE: Emergencies - Transfer of Funds This office is in receipt of your letter of June 5, 1946, in which you say: "The County Commissioners of Logan County, have found it necessary to purchase trucks and snow removal equipment, because of the strenuous demand made on them by the rural citizens of the county. By reason of this they exceeded their last appropriation for highway purposes, by approximately $10,000.00. "Logan County has in its emergency fund, the sum of $10,964.68, and as I am advised by the County auditor

OPINION 46-183 June 5, 1946 (OPINION) LIQUOR DEALERS RE: Retailers May Not Purchase From Other Retailers Your letter of June 3, 1946, relative to the purchase of liquor from wholesale concerns, has been referred to me for consideration and reply. The first question you ask is whether a retail dealer is required to purchase his liquor from a wholesale liquor house, or if he may make purchases for resale from another retail dealer. This question is not answered directly by the North Dakota law; however, it is my opinion that, from a review of chapter 5-03 of the 1943 Code, it is

OPINION 46-42 June 4, 1946 (OPINION) CITIES RE: Power to Provide Recreational Facilities This will acknowledge the receipt of your letter of June 1, 1946, in which you request the opinion of this office as to whether the city of Enderlin may, in this year's budget, provide for the lighting of a skating rink, leasing ground for a softball diamond, etc. In other words, you desire to be informed whether your city has the legal right to provide for and maintain recreational facilities such as a playground, skating rink, and a softball diamond. There is an urgent need for legislat

OPINION 46-256 June 3, 1946 (OPINION) SPECIAL ASSESSMENTS RE: Municipalities This office is in receipt of your recent letter asking for a clarification of section 40-2913 of the North Dakota Revised Code of 1943. This section reads as follows: "Except as otherwise provided in this section, a municipality shall not be liable generally on any contract for the construction, rebuilding, or repairing of sidewalks, and shall not be required to pay funds raised by general taxation upon any such contract. If lots against which sidewalk assessments are laid have become either the a

OPINION 46-125 May 28, 1946 (OPINION) HIGHWAY ACCIDENTS RE: Report of - Made When This will acknowledge your letter of May 23, you state, you are writing on behalf of a justice of the peace in your city. The facts are these: A person driving his own automobile on a county highway lost control of the car in some manner and drove into the ditch, causing considerable damage to the car, but suffering no material injuries to his person. Section 39-0808, of the North Dakota Revised Code of 1943, requires the driver of any vehicle involved in an accident resulting in injury or deat

OPINION 46-95 May 24, 1946 (OPINION) ELECTIONS RE: County Canvassing Board - Who May Act This will acknowledge the receipt of your letter of May 21, 1946, in which you request the opinion of this office as to whether a county officer - the auditor, clerk of court, and chairman of the board of county commissioners, can legally act as members of the county canvassing board if and when they are candidates for reelection. Section 16-1314 of the North Dakota Revised Code of 1943 is self-explanatory. It reads as follows: "No member of the county canvassing board who shall be a can

OPINION 46-236 May 24, 1946 (OPINION) PRECINCT COMMITTEEMEN RE: Meeting - Legislative Members - Right to Vote This office is in receipt of your letter of May 18, 1946, in which you ask the opinion of this office on the following questions: 1. Have the successful candidates for the legislature the right to vote at the meeting of precinct committeemen held shortly after the primary election. Our answer to this question is, yes. Section 16-1709 of the Revised Code provides: The precinct committeeman of a party elected as provided in this chapter together with the nominees for

OPINION 46-181 May 22, 1946 (OPINION) LIQUOR STORES RE: Regulation - Hours This will acknowledge your letter of May 18, in which you ask the following questions: "Could the liquor store open on June 24th, after 7 p.m. after the closing of the polls, and operate the rest of that day?" This question is referred by you to this office, in view of a request from the village of St. John, which intends to have a two-day celebration on the 24th and 25th of June this year. Section 5-0113 of the North Dakota Revised Code of 1943 provides: Every person who sells, gives away, or dispos

OPINION 46-86 May 21, 1946 (OPINION) ESTATES OF DECEDENTS RE: Summary Administration This will acknowledge your letter of May 17, enclosing a copy of the petition for the probate of the estate of Adolph Hegre. This petition discloses that his only know relatives are Reverend Andrew Hegre, a nephew, and Agatha Hegre Vigeland. The assets shown and listed in the petition are a house located on land owned by Carl Smette in the village of Upham, and set at the value of $75.00, and cash amounting to $17.46. Section 30-1707 of the North Dakota Revised Code of 1943 provides for summ

OPINION 46-263 May 17, 1946 (OPINION) SCHOOLS RE: Correspondence - Permit to Solicit This office is in receipt of your letter of May 14, 1946, in regard to the applicability of chapter 236 of the Session Laws of North Dakota for 1943 (chapter 15-50 of the Revised Code of 1943) to a correspondence school situated in and incorporated under the laws of Illinois. You desire our opinion as to whether solicitors for this school must obtain permits from the commissioner of higher education, and also whether the school must be licensed in order to maintain solicitors in this state.

OPINION 46-204 May 16, 1946 (OPINION) MUNICIPAL LIQUOR STORES RE: Substitutes for This will acknowledge your letter of May 8, 1946, relative to the necessity of making application to the securities commission for license to sell stock in the Mohall Improvement, Inc., which recently has been granted a charter by the secretary of state. As I understand the organization of this corporation, it is in the nature of a private corporation engaged in the sale of intoxicating liquors in the city of Mohall. The by-laws provide that it is a private corporation with capital stock of $25,

OPINION 46-172 May 11, 1946 (OPINION) JUDGES RE: Retirement - Salaries Your letter of May 10 has been received, asking for the opinion of our office with reference to the payment of retirement salary to Judge Frank T. Lembke, who retired under the provisions of chapter 217 of the 1945 Session Laws, and whose successor has now been appointed by Governor Aandahl. Chapter 217, among other things, says: (Sec. 2) When a judge of the District Court shall be retired under the provisions of this act, he shall receive the compensation allotted to his office for the remainder of his s

OPINION 46-82 May 7, 1946 (OPINION) ELECTIONS RE: Precinct Committeemen This office is in receipt of your letter of May fourth requesting an opinion from this office as to whether county auditors are required to publish the names of precinct committeement who are candidates to be elected at the primary election in June. Section 16-0413 of the North Dakota Revised Code of 1943 provides as follows: "Upon the receipt by the county auditor of the certified list names provided for in section 16-0412, he shall publish under the proper party designation and the title of each office:

OPINION 46-274 May 4, 1946 (OPINION) TAX DEED PROCEEDINGS RE: Who May Redeem From our conversation of the other day, I understand that the county acquired tax deed to some lots in Lakota. The lots were not resold at regular sale. The county commissioners procured a bid on this property and issued the thirty days' notice. During the thirty days' notice, the prospective purchaser moved a house on the lots. Now I understand that a stockholder or stockholders of a defunct and extinct corporation are talking about redeeming the property. If these facts are correct, the que

OPINION 46-272 May 4, 1946 (OPINION) TAX DEED PROCEEDINGS RE: Immediate Family Re: Section 57-2819 - "Immediate Family" Your letter of May 2, asking for a construction of section 57-2819, addressed to the attorney general, has come to my desk. You state that a grandson of the former owner of land forfeited to the county by tax deed offers to repurchase the land under the provisions of the above section, and you wish our opinion as to whether or not the grandson is entitled, under the terms of that section, to repurchase. The best definition of "family" and "immediate family"

OPINION 46-121 May 2, 1946 (OPINION) HAIL INSURANCE RE: Liens - State Lands Re: Hail Tax Liens on Lands Mortgaged to Secure School Fund Mortgage The Commissioner of University and School Lands has informed this office that he has made application to your department for the release of certain hail tax liens upon lands mortgaged to the State to secure loans of school funds to secure hail insurance premiums for insurance placed upon crops on said land subsequent to the date of the mortgage; and especially in cases where the mortgage attached subsequent to March 7th, 1933. This

OPINION 46-63 April 30, 1946(OPINION) CITIES RE: Authority to Construct Swimming Pools Re: City of Valley City Swimming Pool Your letter of April 26, addressed to the attorney general, re the above matter, has come to my desk. The opinion referred to in the Municipal League Bulletin of March, 1946, was given with reference to a city which, I believe, had no park district. I have examined the cases referred to in your letter, to-wit, Vallaley v. Board of Park Commissioners, 111 N. . 615, at page 617, (16 N.D. 25(,

OPINION 46-51 April 30, 1946 CITIES—Appointive Officers—Qualifications This is in reply to your letter of April 25 addressed to the Attorney General. You state that, you have recently been elected mayor and that it is necessary for you to appoint a city auditor. The only capable man available is a resident of Judson who has recently opened up a real estate office in your city and who intends to move to your city some time this fall or winter. However, he is an elector and treasurer in the township in which he resides. The question you present is whether or not you may appoint him as city

OPINION 46-314 April 29, 1946 (OPINION) WEAPONS RE: Tear Gas Guns This office is in receipt of your letter of April 24, 1946, in which you say that the question has been presented to you as to whether the carrying of a tear gas weapon in the form of a fountain pen is against the law. You say that the only applicable code provision that you can find is section 62-0301 of the 1943 Revised Code. You desire the opinion of this office as to whether this section is broad enough to include the "fountain pen" as a dangerous weapon. It is my opinion that any weapon loaded with tear

OPINION 46-89 April 26, 1946 (OPINION) EDUCATION RE: Board of Higher - Trust Fund This is in reply to your letter of April 3 asking for our opinion on two propositions; namely: 1. May the State Board of Higher Education authorize the institutions under its jurisdiction to set up on their books a local trust fund to which will be credited the payments from the Veterans Administration and expended for the maintenance under such rules and regulations as may be prescribed by the Board? (As a matter of accounting procedure the Board would likely direct that $45.00 and $60.00,

OPINION 46-126 April 26, 1946 (OPINION) HIGHWAYS RE: Secondary - Federal Aid This will acknowledge the receipt of your letter of April 24, 1946, in regard to the construction of so-called secondary federal aid roads by counties. The question, as I interpret your letter, which you desire this office to answer is, whether the state highway department can designate the part of the allotted secondary road system in a county where federal aid funds shall be spent, or whether the board of county commissioners may in its discretion spend such funds on any part of the allotted seconda

OPINION 64-78 April 24, 1964 (OPINION) COUNTIES RE: Officer - Vacancy - Appointment - Term - Qualifications This is in reply to your letter of April 22, 1964, relative to the office of register of deeds. The present register of deeds was elected for a four-year term beginning in 1963. He now contemplates resigning. The questions presented are first, whether the board of county commissioners can appoint a successor who would hold office by virtue of such appointment until January 1, 1967, and second, whether the manager of the Rolette County Abstract Company, Inc., being pa

OPINION 46-66 April 23, 1946 (OPINION) CLUBS AND LODGES RE: Sale of Liquor Your letter of April 19 received, in which you refer to a recent opinion given by this office as to when a lodge or club comes into existence. You present the question whether the statute, section 5-0319 of the North Dakota Revised Code of 1943, prevents the granting of a license to a lodge or club, which at the time of the adoption of this statute did not have 200 members but now has a membership of over 200. As I interpret the statute, any lodge or club now having 200 or more members and which was in

OPINION 46-9 April 17, 1946 (OPINION) AERONAUTICS RE: Public Service Commission Authority This will acknowledge your letter of April 16, 1946, in which you say that the Northern Airways, Inc., of Grand Forks, North Dakota, has applied for a certificate of public convenience and necessity from the Public Service Commission to furnish common carrier passenger and express service by air within this state, consisting wholly of intrastate service. The hearing on this application has been set by the Public Service Commission for April 22, 1946, at its offices in the capitol. You s

OPINION 46-46 April 15, 1946 (OPINION) CITIES RE: Aldermen - Vacancies Your letter of April 11 addressed to this office has been received and contents noted. You state that it has been discovered that a person who was elected alderman of the city at recent election is not a citizen; that is, he has not received his final citizenship papers. The question now is whether the incumbent alderman is entitled to hold over until his successor is elected and qualified as provided by section 40-0806, or whether section 40-0808 would include the failure of an alderman-elect to qualify,

OPINION 46-102 April 13, 1946 (OPINION) FIREMEN'S ASSOCIATIONS RE: Widows Entitled to Pension This will acknowledge the receipt of your letter of April 9, 1946, with respect to the application of the Firemen's Pension Law under the provisions of chapter 18-05 of the revised Code to the widows and minor children of deceased disabled firemen. In your letter you say: There seems to be some confusion in the minds of the people in charge of the Relief Association and the Pension Fund as to there being a distinction between a man on a disability pension and a man on the permanent s

OPINION 46-231 April 12, 1946 (OPINION) PUBLIC PARKS RE: Recreation - Beer Parlors This office is in receipt of your letter of April 10 and contents of same have been noted. You inquire whether in the opinion of this office the park district of Fargo can rent out part of its property or allow a concession to an individual who desires to use the same to sell beer. Park districts are established under the provisions of chapter 40-49 of the Revised Code, and the actual organization must be made by ordinance enacted by the governing body of the city. The powers of the board of par

OPINION 46-51 April 11, 1946 (OPINION) COUNTY COMMISSIONERS RE: Right to Limit Number of Liquor Licenses In accordance with your oral request, I write you with reference to the right of the board of county commissioners of McLean County to limit the number of liquor licenses to be issued by the county in unincorporated territories of the county. As I understand the situation now prevailing in McLean County, it is contemplated that a new ordinance or resolution be enacted by the board of county commissioners, or such ordinance has already been enacted limiting the number of beer

OPINION 46-224 April 11, 1946 (OPINION) PLUMBING RE: Meetings of Board This office is in receipt of your letter of April 10, 1946, in which you request our opinion as to whether or not the state plumbing board may hold special meetings and conduct special examinations in cities other than Bismarck, the state capitol. Section 43-1812 of the 1943 Revised Code requires the board: "To hold two public meetings each year at the state capitol for the purpose of examining persons who may desire to take the examination and become registered and licensed plumbers---." Such regular meet

OPINION 46-312 April 10, 1946 (OPINION) WATER CONSERVATION RE: Commission - Powers - Counties This office is in receipt of your letter of April 8, 1946, and a copy of a letter addressed to the state water conservation commission by William W. Felson of Cavalier, North Dakota. Mr. Felson desires to be informed as to whether or not landowners, or officials, of Cavalier County, have the legal right to divert surface waters by artificial ditches or drains into Pembina County and thus flood the lands of Pembina County farmers. In his letter, Mr. Felson says: Have the farmers, or

OPINION 46-24 April 9, 1946 (OPINION) BOARD OF ADMINISTRATION RE: Acceptance of Bids This is in reply to your recent letter relative to Chapter 71 of the Session Laws of 1945. Said Chapter 71 provides for the installation of an electric roll call system in the house chamber when the Federal government has granted priorities for or otherwise released to the state all material and supplies necessary for the construction for such installation. The second paragraph of said Chapter 71 provides as follows: "Title to said electric roll call system except conduits, iron boxes or fram

OPINION 46-232 April 5, 1946 (OPINION) PATRONS OF RESTAURANTS RE: Who Are This will acknowledge your letter of March 30, in which you seek an interpretation of the phrase "patrons of the restaurant," as contained in paragraph 4 of chapter 50 of the 1945 Session Laws. Merely going from the bar in a liquor establishment into that portion of the establishment conducted as a restaurant would not, in my estimation, constitute such person a patron of the restaurant. In order to be a patron of the restaurant, it would seem to me that the person or persons would have to ask for servi

OPINION 46-178 April 3, 1946 (OPINION) LEGISLATIVE MEMBERS RE: While Such May Not be Candidates for Other Offices This will acknowledge your recent letter relative to the eligibility of Robert Greiser as a candidate for state treasurer and William A. Thatcher for insurance commissioner to seek those offices. Both of these men are at the present time state senators. They were elected at the general election on November 3, 1942 for a four year term from their respective districts, and have been serving in that capacity since January, 1943. Their terms will expire January 1,

OPINION 46-87 April 2, 1946 (OPINION) ELECTIONS RE: Officers - Vacancies Your letter of April 8 has been received and contents noted. You state that in the recent election in the city of Casselton no candidates' names appeared on the ballot for the office of police magistrate and city justice of the peace, no parties having filed nominating petitions for these offices. As a result of the voters writing in the names on the ballots, J.R. Bishop received the greatest number of votes for both offices. He has been police magistrate and desires to be elected to that office as a st

OPINION 46-92 April 1, 1946 (OPINION) ELECTIONS RE: Precinct Committeemen Several county auditors have raised the question as to whether or not candidates for precinct committeemen, upon filing their petitions with the county auditor, are required to pay the filing fee provided by chapter 19 of the Extraordinary Session Laws of 1944. The title to chapter 19 specifies that it is an Act * * * relating to the obtaining and filing of petitions for county officers, county commissioners and legislative candidates, filing fees therefore and declaring an emergency. The second paragrap

OPINION 46-96 March 30, 1946 (OPINION) ELECTIONS RE: Political Advertisements - Names to be Disclosed Re: Chapter 176, Laws 1944-45 - Concerning Political Advertisements and Political Radio Broadcasts This will acknowledge the receipt of your letter under date of March 28, 1946, in which your firm, on behalf of the Grand Forks Herald, requests the opinion of this office as to our interpretation of the provisions of Chapter 176 of the 1945 Session Laws. Section 1 of Chapter 176 provides: From and after the passage of this Act, each and every political advertisement, whether

OPINION 46-74 March 29, 1946 (OPINION) DANCES RE: Public-Minors Prohibited This will acknowledge the receipt of your letter of March 27, 1946, in which you request our opinion as to whether or not it is lawful for both grade and high school students to attend public dances. Section 53-0210 of the 1943 Revised Code provides: "No proprietor, lessee, manager, nor employee of any hall, room, pavilion, bowery, platform, or other structure in or to which the public generally is invited to participate by paying an admission fee in money or other token of value shall admit, while danc

OPINION 46-85 March 28, 1946 (OPINION) ELECTIONS RE: Primary a General Election This will acknowledge the receipt of your letter of March 25, 1946, in which you request the opinion of this office as to whether or not the June primary election is a general election within the intent and purpose of the term "general election" as used in section 4-0231 of the 1943 Revised Code. It is my opinion that the June primary is a general election. It is state-wide and is held at regular intervals fixed by statute. An election other than a general election is a special election and it

OPINION 46-260 March 28, 1946 (OPINION) SCHOOL DISTRICTS RE: Independent - Nominations - How Made This is in reply to your inquiry over telephone this morning as to the method of placing the names of candidates upon election ballots in independent school districts. There is no statute under the titles in the 1943 Revised Code dealing with this proposition except that section 15-3102 provides, among other things, that each election shall be noticed and conducted in all respects and the votes shall be canvassed as in the case of municipal elections. Section 40-2107 deals with pe