North Dakota AG Opinions, 1947

OPINION 47-225 December 22, 1947 (OPINION) TAXATION RE: Estate Taxes - Refund of Estate Taxes Erroneously Paid Re: Estate Tax Refund, Estate of Archie F. Simonson. Deceased, Grand Forks County, N. Dak. Your letter of December 17 addressed to this office relative to the above entitled matter has been received and contents noted. It appears from your letter that some time ago Grand Forks County erroneously remitted approximately $1,421.26 to the State of North Dakota on account of estate taxes in the above entitled estate and that thereafter when the error was discovered the

OPINION 47-106 December 17, 1947 (OPINION) EDUCATION RE: Department of Public Instruction - Acceptance of Federal Funds This office is in receipt of a letter written by your Mr. Quale on December 11, 1947, relative to a proposed contract with the office of Indian Affairs as one party and the State of North Dakota acting through your department as the other party regarding the distribution of federal funds to certain public schools in this state in which Indian pupils are in attendance. You enclose copy of proposed contract which, as I understand, is identical with the form of c

OPINION 47-67 December 15, 1947 (OPINION) COUNTIES RE: Coroner's Duty in Disposing of Property of Dead Persons Re: Chapter 11-19, North Dakota Revised Code of 1943 Your letter of December 11 relating to duties of county coroner in disposing of property of persons found dead in his county has been received at this office and sent to my desk for reply. I presume your inquiry applies only to the cases where dead bodies are found under circumstances requiring investigations by the coroner, and not cases where the dead person appears to have no heirs. The duties of a coroner are

OPINION 47-99 December 12, 1947 (OPINION) EDUCATION RE: Board of Education May not Spend District Funds for Publicity Purposes This office is in receipt of your letter of December 10, and contents of same have been noted. You state that the Board of Education expects to construct a new building and remodel one building. In order to provide funds for this project, it will be necessary to call an election to vote on a bond issue. You state further than in order that the voters may know what the Board of Education has in mind, it will be necessary to put on a publicity campai

OPINION 47-197 November 15, 1947 (OPINION) PUBLIC PRINTING RE: Done in State by Established Firms Re: Section 46-0215 Your letter of November 10, 1947, regarding the above section, has been received and sent to my desk. It is my opinion that all public printing must be done by firms established in this state for at least one year. The statute is perfectly clear on this. It is further my opinion that it is the intent of the law, although not clearly expressed, that such work should be done in the state of North Dakota. It is my opinion that this statute excludes at lest

OPINION 47-71 November 10, 1947 (OPINION) County RE: Use of County Jail by City The letter signed jointly by you and Mr. Howard A. Moum, state's attorney, has been received and sent to my desk. The city has power to establish a jail, both by section 40-0501(41) and 40-0502(5) of the 1943 Revised Code. If the city has no jail, it may, with the consent of the county commissioners, use the county jail for the confinement of persons charged with or convicted of a violation of the city ordinance. (Section 40-0501(41). However, the sheriff by virtue of his office has charge of

OPINION 47-232 November 10, 1947 (OPINION) TAX TITLE LANDS RE: Public Sale Your letter of November 7, 1947, in re: sales of lands acquired by the county on tax title at private sale where the land has not first been put up for sale at a public sale, has been received and sent to by desk. It is our opinion that the lands may not be sold at private sales unless and until they have been offered for public sale. Therefore, if owing to error in advertising your county did not hold a November sale of tax acquired property, it is our opinion that no private sale may be made until t

OPINION 47-163 November 8, 1947 (OPINION) INSANE RE: Prisoner Patients - Expense Paid by County This office received your letter today asking for our opinion on a question submitted by Dr. Fisher, superintendent of the Jamestown hospital. According to Dr. Fisher's letter, there are several patients at the Jamestown hospital who have been sent there from the penitentiary at Bismarck. During their stay at the Jamestown hospital, their sentences have expired but they are still at the hospital. The question presented is: first, should these patients be brought before an insani

OPINION 47-34 November 5, 1947 (OPINION) CITIES RE: Jails - Labor Prisoners Re: Sections 12-4432, 40-1112, and 40-1812, 1943 Revised Code. Your letter of November 3, 1947, regarding labor of city prisoners, and location of city jails, has been received and sent to my desk. The governing body of the city may, by ordinance duly enacted, provide that persons convicted of violation of city ordinance may be sentenced to imprisonment in the city jail not to exceed three months, and when so sentenced the sentence may provide that the prisoner shall perform labor for such municipalit

OPINION 47-126 November 3, 1947 (OPINION) ESTATES OF DECEDENTS RE: Inventory - Necessity for Approval of - Homestead and Exemptions Must Be Set Aside Re: Section 30-1607 of the North Dakota Revised Code of 1943 Your letter of October 28 concerning the above section has been received and sent to my desk. It is my opinion that the answers to your specific questions must in all cases be "yes." The words in Section 30-1607 in the first sentence, to-wit: "concerning the homestead and other exempt property" is rather misleading and I cannot satisfy myself just exactly what is me

OPINION 47-145 October 30, 1947 (OPINION) INSURANCE RE: Investments by Companies This office is in receipt of your letter of October 25 and contents of same have been noted. You call attention to section 26-0811 of the North Dakota Revised Code of 1943, as amended by chapter 217, of the Session Laws of 1947 with special reference to subdivision 12 of said amendment enumerating securities in which domestic insurance companies may invest their funds. Subdivisions 1 to 11, both inclusive, of said chapter 217 classifies the various types of securities in which domestic insurance

OPINION 47-57 October 25, 1947 (OPINION) COUNTIES RE: County Property Subject to Special Assessments Your letter of October 23 re above has come to my desk. Prior to this amendment it has always been our opinion that no county owned property could be made liable for special assessments in cities. This office gave a lengthy opinion to that effect in January, 1946. It is our opinion that the amendment of Section 40-2307 by Chapter 285 of the Laws of 1947 was made for the express purpose of cutting out the exemptions of a county and municipally owned property from special asse

OPINION 47-190 October 25, 1947 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Architects - Employees Your letter of October 18, 1947, regarding "associates" of licensed architects, has been received and sent to my desk. As you say, the law relating to architects, chapter 43-03 of the 1943 Revised Code, makes no mention of associates. However, section 43-0302 (5) provides that an employee of an architect under his employer's instruction, control, and supervision in preparing plans and specifications for the erection, enlargement, or alteration of buildings, is exempt from the regu

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