North Dakota AG Opinions, 1954

OPINION 54-136 December 1, 1954(OPINION) WELFARE RE: Aid to Dependent Children This office acknowledges receipt of your letter of November 20, 1954, requesting our opinion in regard to aid to dependent children under Chapter 50-09 of the N.D.R.C. of 1943, as amended. You desire an answer to the following questions and you state the summarized facts as follows: "(1) Both mother and child have physically resided or lived in North Dakota for more than one year immediately preceding the date of application, (2) said child's father is married to the child's mother, and is a non-resident

OPINION 54-12 November 17, 1954 (OPINION) AUTOMOBILES RE: License Plates - Use of Dealer's Plate I wish to acknowledge receipt of your request for an official opinion interpreting sections 39-0456 and 39-0459 of the North Dakota Revised Code of 1943. In order to construe section 39-0459 we deem it necessary to refer to the Uniform Motor Vehicle Registration Act as adopted in 1927, Chapter 179, 1927 Session Laws, sections 7, 17(a) and 25(g). It is evident that under the 1927 law, dealer's plates could be used only on new vehicles operated for demonstration purposes only as note

OPINION 54-103 November 17, 1954 (OPINION) SCHOOL DISTRICTS RE: Nonliability in Governmental Functions Your letter of November 15, 1954, has been handed to me for consideration and reply. You state in your letter that a student from a neighboring town, while attending a football game at Dickinson High School, at which he was a paid spectator, suffered injuries about his face by reason of a loose plank in the bleacher flipping upward when stepped on and striking him in the face. The boy was wearing glasses and they were broken causing cuts on the face. The boy's father has a

OPINION 54-69 October 25, 1954 (OPINION) INSTITUTIONS RE: Special Assessments - Liability for We have received your letter of October 7, 1954, asking whether the state board of higher education is justified in authorizing an institution to pay special assessment taxes when there is no dispute as to the benefits derived. The only branch of the government exempt by law from the payment of special assessment taxes is the federal government. While the law specifically provides that counties, cities, villages, school districts, park districts, and townships are not exempt from such

OPINION 54-83 September 20, 1954 (OPINION) MOTELS RE: Tourist Camp or Hotel? In your letter of September 10, 1954, you ask whether or not an L shaped, fifteen unit structure, connected only by walls, may be properly classified as a hotel and not as tourist cabins. The "motels", as we know them today, are the outgrowth of the tourist courts of years ago, keeping pace with modern living and transportation. While the applicable sections of the North Dakota Revised Code are not too clear on this matter, and should be clarified by legislative enactment, it is our opinion that "mot

OPINION 54-101 September 7, 1954 (OPINION) SCHOOL DISTRICTS RE: Election - Sufficiency of Ballot In your letter of August 31, 1954 you state that Yellowstone School District No. 14 in McKenzie County, North Dakota, on June 30, 1953 held an election on the question of the establishment of a school building fund. The establishment of such fund was approved at the election, but the form of the ballot used has now been questioned and you ask our opinion as to its legality. The ballot reads as follows: "Shall the Yellowstone School District No. 14 increases its building fund levy

OPINION 54-112 August 30, 1954 (OPINION) STATE HOSPITAL RE: Professional Staff - Malpractice This office acknowledges receipt of your letter of August 19, 1954 requesting our opinion on several questions pertaining to the operation of the State Hospital, in particular as it pertains to the work of the doctors in connection with the treatment of the patients committed to your custody. Your questions are as follows: 1. Does the professional staff of the State Hospital have any protection from the State of North Dakota in malpractice suites? 2. Can the doctors of the State H

OPINION 54-83 July 23, 1954 (OPINION) MOTOR VEHICLES RE: Equipment - "Hollywood" Mufflers I wish to acknowledge receipt of your request for an opinion as to the legality of the use of mufflers of the type known as Hollywood and Smitty mufflers. Section 39-1129 of the North Dakota Revised Code of 1943 provides that no person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. It is the opinion of this office that if any person opera

OPINION 54-62 July 13, 1954 (OPINION) HIGHWAYS RE: Speed Laws - Exemption to Volunteer Firemen You Have invited our attention to section 39-0906 of the North Dakota Revised Code of 1943 which provides in part that fire department or fire patrol vehicles when traveling in response to a fire alarm are exempt from the speed limitations set out in section 39-0902 of the said code, as amended. You have asked us if this exemption extends to volunteer firemen when driving their private cars to the fire hall to get their fire trucks and fight a fire. Section 39-0902, after enumerating

OPINION 54-42 June 24, 1954(OPINION) GAME AND FISH RE: Acquiring Real Estate I wish to acknowledge receipt of your request for my opinion concerning your authority to accept, in behalf of the State of North Dakota, the gift of certain so-called water supply property at Magnolia, North Dakota, from the Northern Pacific Railway Company. It is my opinion that you are granted such authority by the provisions of section 1-0804 of the North Dakota Revised Code of 1943. PAUL BENSON Attorney General

OPINION 54-19 June 24, 1954 (OPINION) COUNTIES RE: County Road Levy - Distribution to Cities and Villages You have invited our attention to a declaratory judgment secured by the city of Bismarck in an action brought in the district court, fourth judicial district, before the Honorable Geo. Thom, Jr. The judgment construes chapter 179 of the 1953 Session Laws of North Dakota and provides, in substance, as follows: That pursuant to the provisions of chapter 179 of the 1953 Session Laws of North Dakota, as said chapter amended and reenacted section 24-0501 North Dakota Revised C

OPINION 54-59 June 22, 1954 (OPINION) INDIANS RE: Jurisdiction - Insane This office acknowledges receipt of your letter of June 14, 1954, asking for an opinion relative to a question of jurisdiction over insane Indians. You put your questions as follows: "1. An insane Indian whose residence is in this county, but not on the Indian Reservation, and 2. An insane Indian who resides on the Turtle Mountain Indian Reservation in this county. not withstanding that the United States Indian Bureau has at this time no contract with the State Board of Administration for the paying of the costs of

OPINION 54-33 June 16, 1954 (OPINION) ELECTION BOARD RE: Qualifications of Members You have asked us if a candidate for precinct committeeman may serve on an election board. Section 16-1001 of the 1953 Supplement to the North Dakota Revised Code of 1943 provides as follows: "BOARD OF ELECTIONS: WHAT CONSTITUTES; QUALIFICATIONS OF MEMBERS. The judges of election, together with the inspector of elections, shall constitute the board of elections. No person shall be a member of the board of elections who: 1. Has anything of value bet or wagered on the result of an electio

OPINION 54-117 June 12, 1954 (OPINION) TAXATION RE: Use Tax on Equipment Television Materials We have your request of June 8, 1954, for an opinion on the question as to whether or not the interstate commerce exemption found in section 57-4003(3) of the North Dakota Use Tax Act is applicable to materials and equipment used in transmission of television programs. The tangible property which makes up telecasting facilities is used by North Dakota stations in telecasting programs which originate from network sources located outside this state and reception of telecasts by North Dak

OPINION 54-121 June 8, 1954 (OPINION) TEACHERS INSURANCE AND RETIREMENT FUND RE: Apportionment Tuition Fund This office acknowledges receipt of your letter of June 5 asking for an opinion relative to the apportionment made by the county treasurer under the provisions of Section 15-3923 of the North Dakota Revised Code of 1943. Your question in particular deals with the problem as to what bearing Section 15-4713 of the 1953 Supplement of the North Dakota Revised Code of 1943 has upon this apportionment. Section 15-4713 of the 1953 Supplement provides that the school board or b

OPINION 54-56 June 7, 1954 (OPINION) HIGHWAYS RE: Township Road Contracts This office acknowledges receipt of your letter of June 3, asking for our opinion as to whether a township desiring to hire a private contractor to do township road work, grading and rebuilding township roads must advertise for bids before entering into a contract with such private contractor. Prior to 1943, we had in effect section 24-0608 of the North Dakota Revised Code of 1943, providing for the advertising of bids for township road work. However, in 1953, the legislature repealed this provision an

OPINION 54-32 June 7, 1954 (OPINION) EDUCATION RE: School Site on Leased Land We have received your letter of June 1, 1954, wherein you ask the following questions: 1. Does a school district have the legal right to construct a permanent school building on a school site on the basis of a ninety-nine year lease? School boards have only such powers as are vested in them by law, either expressly or by necessary implication and can bind the district only within the scope of their authority. The power of an independent school district board reference to school buildings and sites

OPINION 54-15 June 4, 1954 (OPINION) CITIES RE: Employees Entitled to Pay - National Guard Encampment This is in reply to your letter of May 28, 1954, in regard to section 37-0125 of the 1953 Supplement to the N.D.R.C. of 1943 and section 37-0101 of the N.D.R.C. of 1943 in connection with leaves of absence for employees of this state and its political subdivisions for the purpose of attending National Guard Encampments for training purposes. It appears that you have construed these statutes to require continued payment of wages or salary to municipal employees with ninety days

OPINION 54-10 June 4, 1954 (OPINION) ASSESSMENT RE: Implement Dealers Where Assessed We have your letter of June first relating to assessment of merchandise of a machinery dealer which is stored and left for sale in your township. As we understand, this merchant has a place of business in a city or village outside of your township, but has a lot outside of such city or village and in your township where he keeps for sale that part of his stock of merchandise consisting of used machinery and from which lot he makes sales of such machinery. In other words, part of his stock is

OPINION 54-120 June 3, 1954 (OPINION) TAXES RE: Five Percent Discount We have your letter of May 22, 1954, in which you ask us to confirm an opinion of this office dated March 14, 1949. In that opinion it was stated that a taxpayer who desired to pay his real estate taxes without paying the special assessments on the real estate was entitled to the five percent discount if the taxes were paid within the statutory time entitling him to such discount. The principle that general taxes may be paid without at the same time paying special assessments since declared in the cases of St

OPINION 54-46 May 27, 1954 (OPINION) GAME AND FISH RE: Real Estate - Exchange of Land with Federal Government I herewith acknowledge receipt of your request for an official opinion from this office regarding your authority, with the approval of the Governor, to complete an exchange of lands with the Federal Government by virtue of the provisions of section 20-0205 of the North Dakota Revised Code of 1943. It is my opinion that the power to purchase and sell lands as granted by section 20-0205, by implication, authorizes a direct exchange of lands. PAUL BENSON Attorney General

OPINION 54-29 May 25, 1954 (OPINION) EDUCATION RE: Levy Building Fund We have received your letter of May twentieth with reference to the school building fund. You state in your letter that a common school district in your county voted to create a building fund on June 5, 1951, under authority of section 57-1516 of the 1953 Supplement, and have since been levying for that purpose to a special school district and such change has now been effected. The new district embraces the same territory and the same people as the old district. Now a petition has been filed with the new b

OPINION 54-35 May 24, 1954 (OPINION) ELECTIONS RE: Filing for Two Offices This is in reply to a telephone conversation of May twelfth, your letter dated May eleventh and subsequent conferences with Mr. Feidler, your state's attorney, in regard to whether or not a person can file a nominating petition for the office of Justice of the Peace and at the same time for the office of Assessor, and whether a person can file a nomination petition for the office of Justice of the Peace and at the same time for the office of County Coroner, all of which offices are to be voted on at the P

OPINION 54-25 May 24, 1954 (OPINION) EDUCATION RE: Acquiring of Site Outside of Boundaries of District Your letter of May eleventh, relative to a proposed school site has been received and contents noted. You state that the site that the school board for Devils Lake Special School District proposes to acquire, either by voluntary purchase or eminent domain, is located outside of, but adjacent to the City of Devils Lake and the Special School District. You state that this site has been recommended by the planning board set up by the University of North Dakota. You further st

OPINION 54-10 May 21, 1954 (OPINION) ASSESSMENT RE: Refinery - Pipe Line This is in reply to your letter of May 17, 1954, wherein an opinion is requested as to the procedure to be followed in the tax assessment of the pipe line which has been constructed by Standard Oil Company of Indiana from their refinery property in Morton County to Moorhead, Minnesota. According to information which you have received from this company the pipe line is for the exclusive use of this company in transporting its refined petroleum products from its refinery to marketing areas. The line is wh

OPINION 54-114 May 18, 1954 (OPINION) TAXATION RE: Memorial Fund - Distribution You have requested an official opinion from this office as to whether or not the county commissioners may lawfully, under a changed or new resolution, disburse the funds in equal shares to the six American Legion posts in the county. You further enclose and state in your communication certain pertinent facts, to-wit: That on June 1, 1948, the board of county commissioners of Rolette County passed a resolution levying a tax under the provisions of chapter 11-32 of the North Dakota Revised Code of

OPINION 54-42 April 12, 1954(OPINION) GAME AND FISH RE: Hunting - Bow and Arrow I wish to acknowledge receipt of your request for an opinion dated April 9, 1954, concerning a permit season for bow hunters. It is my opinion that sections 20-0310 and 20-0311 of the North Dakota Revised Code of 1943 do not prevent the issuance of permits for bow hunters by virtue of a proclamation in addition to regular big game hunting license. At the time sections 20-0310 and 20-0311 were adopted, it was illegal to hunt with

OPINION 54-84 April 7, 1954 (OPINION) NURSERY STOCK RE: When License Required Yours of April 6th with letter of the State Entomologist, of April 1st has been received. We will answer the questions submitted as follows: (1) It has come to our attention that a certain out-of-state nursery, presently operating in North Dakota under the reciprocal agreement section of the North Dakota Nursery Law, has agents representing this firm who solicit nursery stock orders for future delivery. In several instances we have found that the agent who solicited the original order also acts a

OPINION 54-23 March 3, 1954 (OPINION) DRAINAGE RE: Assessment for Clean Out Your letter, under date of February 27, 1954, addressed to Honorable Elmo Christianson, Attorney General, has been referred to me for attention. In your letter to the Attorney General you say that the County Commissioners of your County are considering a levy of fifty cents an acre against the lands benefited by the Tri County Drain for the purpose of cleaning it. You say in your letter that several thousand dollars of bonds, issued for the construction of the drain, have not been paid and that there

OPINION 54-100 March 3, 1954 (OPINION) SOIL CONSERVATION RE: Contract Work In yours of March second you ask: "In other words, does the Soil Conservation Districts law require, by direction or implication, that the operation programs of the district boards be confined to the conservation of soil resources and the control and prevention of soil erosion with the district." It is our opinion that the answer to this question is "yes." In other words, the soil conservation district has no power to contract for work which is not directly concerned with soil conservation operations.

OPINION 54-100 March 2, 1954 (OPINION) SOIL CONSERVATION RE: Funds By Whom Disbursed In your letter of February 23, 1954, you ask "whether, by law, there is any direct or implied control over the expenditure of monies accumulated in these (soil conservation) districts by their various district boards even though the monies have not been raised by taxation or other governmentally approved procedures, but because such funds were raised cooperatively but in the procedures, but because such funds were raised cooperatively but in the name of a Soil Conservation District as a politic

OPINION 54-17 February 18, 1954 (OPINION) CONTRACTORS RE: Residence Preference I wish to acknowledge receipt of your request for an opinion regarding the application of the preference statutes to a foreign corporation, authorized to do business in this state and maintaining a bona fide place of business in this state. It is the opinion of this office that a preference to resident bidders for the furnishing of equipment is not granted by section 24-0235 but is granted by section 44-0801. The definition of a resident bidder or seller, for purposes of preference under section 4

OPINION 54-122 February 15, 1954 (OPINION) TEACHERS INSURANCE AND RETIREMENT FUND RE: Instructors at State Hospital May Qualify This is in reply to your letter of January 28, 1954, in regard to the applicability of either the state teachers retirement or the state old age and survivors insurance system to certain officials of the State Hospital. More specifically your question appears to be, which system is applicable to the persons occupying the following positions? 1. Director of rehabilitation services, whose responsibilities include maintenance of training programs for pa

OPINION 54-104 January 27, 1954 (OPINION) TAXATION RE: Allocation Gross Production Tax This is in reply to your letter of January 15, 1954, in regard to chapter 339 of the 1953 Session Laws, our gross prodiction tax on producing oil and gas properties, and Section 186 of our State Constitution. I will answer the questions asked in that letter in order stated. Question No. 1. Shall the state treasurer and state auditor maintain a special fund? Section 14 of the Act requires "deposit" with the state treasurer of all moneys collected by him under this Act. Section 15, subse

OPINION 54-40 January 25, 1954(OPINION) ESTATES RE: Probate - No Heirs - State's Attorneys' Duties In your letter of January twenty-second you ask for our interpretation of section 30-2501, particularly with reference to the duties of the state's attorney prescribed by this section. It is our opinion that the state's attorney has performed his full official duty when he has petitioned "for administration as soon as the facts come to his knowledge." The County Court then takes over and appoints an administrator, who may be the public administrator or any other proper person. There may b

OPINION 54-118 January 25, 1954 (OPINION) TAXATION RE: Use Tax on Property Brought into North Dakota In your letter of January 21st you state: I have just moved from St. Vincent, Minnesota, across the river to Pembina, North Dakota. I have lived in St. Vincent for the past six years and a little over two years ago I purchased a used House Trailer from a dealer in Kennedy, Minnesota. I have licensed the trailer in Minnesota for the last two years, 1952 and 1953. "I would like to bring the House trailer to my home in Pembina, North Dakota, where it will be stored until about

OPINION 54-71 January 19, 1954 (OPINION) LEGISLATION RE: Resolution - Import We are in receipt of your letter of November 25, 1953, requesting an opinion of this office as to the meaning and effect of Senate Concurrent Resolution H. The term "resolution" is normally used to denote the adoption of a motion, the subject matter of which would not properly constitute a statute, such as a mere expression of opinion, a formal expression of the will of the enacting body, other than a law. Thus the resolution here concerned, expresses the opinion of the legislature as to knowledge of

OPINION 54-56 January 5, 1954 (OPINION) HIGHWAYS RE: Weeds - Township - Cutting This office is in receipt of your letter of December 29, 1953, asking for an opinion as to the responsibility for the cutting of weeds upon the right of way of township highways and you state that your township had cut these weeds and certified the expenses thereof to the county auditor, but that your county auditor, on the advice of the state's attorney, held that the cutting of these weeds must be outside of the 33 feet nearest the section line. This office has heretofore unofficially ruled that t