North Dakota AG Opinions, 1957

OPINION 57-162 December 23, 1957 (OPINION) SALES RE: Sabbath Breaking We have received your letter of December 17, 1957, in which you ask for an opinion construing section 12-2115, subsection 4 of the North Dakota Revised Code of 1943 as it should be applied to a retail drugstore which, according to your letter, "operates in Grand Forks on Sundays and sells quite a variety of all kinds of merchandise." Section 12-2115(4) prohibits acts of Sabbath breaking, describes certain acts of Sabbath breaking and excepts certain others. Section 12-2116 provides: "Sabbath Breaking; Pun

OPINION 57-184 December 20, 1957 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Authority to Borrow Money We have received your request for an opinion dated December 18, 1957. The question involved concerns the authority of the Board of Higher Education under section 15-5502 of the 1953 Supplement as amended by Chapter 148, Laws of 1957, to borrow money to begin construction of dormitories at our institutions of higher learning. The reason why borrowing is necessary is that the Federal Home and Housing Authority has agreed to purchase the revenue bonds, but due to federal regu

OPINION 57-52 December 18, 1957 (OPINION) COOPERATIVE ASSOCIATIONS RE: Electrical - Applicable Provisions of Law We have received your letter of December 14, 1957, in which you request an opinion of whether section 10-1533, subsection 2(a) of chapter 104 of the 1957 Session Laws, is applicable to electric cooperative corporations. Pursuant to that request, please note the following: Section 10-1560 of chapter 104, Session Laws of 1957, provides that chapter 104 does not apply to cooperatives governed by chapter 10-13 of the N.D.R.C. of 1943, except where the provisions of t

OPINION 57-215 December 16, 1957 (OPINION) TRADEMARKS RE: Registrability In your letter of November 19, 1957, to this office you requested an opinion of the construction to be given subsection 6, section 2 of the North Dakota Trademarks Law (Chapter 314, Session Laws of 1957) which reads: "REGISTRABILITY. A trademark by which the goods of any applicant for registration may be distinguished from the goods of others shall not be registered if it (6) consists of or comprises a trademark which so resembles a trademark registered in this state or a trademark or trade name previo

OPINION 57-141 December 16, 1957 (OPINION) OFFICES AND OFFICERS RE: Township - Vacancy In your letter of December 4, 1957, you requested an opinion of whether the fact that a township clerk is in the hospital where he will remain for an undetermined period of time during which he is unable to perform his duties constitutes a "vacancy" in that office within the meaning of chapter 342 of the Session Laws of 1955. Chapter 342 of the Session Laws of 1955 provides that if a vacancy occurs in any township office from death, resignation, removal from the township, or other cause the

OPINION 57-174 December 7, 1957 (OPINION) SCHOOL DISTRICTS RE: Rules of Board - Authority We have received your letter dated November 26, 1957, wherein you state that the Lincoln school district board, at a regular meeting in August, 1957, passed the following resolution. High school girls will be required to wear dresses in the classrooms, and will not be permitted to wear slacks or jeans. Slacks and jeans may be worn to the building, but they must change into dresses before entering the classroom." Your question then is whether a school district board has the authority under

OPINION 57-84 October 30, 1957 (OPINION) CRIMES RE: Indians - Jurisdiction of State It is the opinion of this office that the state's jurisdiction over crimes committed within Indian lands, by or against Indians who have not severed tribal relations, extends only to such offenses as the United States has not assumed jurisdiction to specific criminal law enactments or by virtue of the Assimilative Crimes Act. Insofar as Gordon Lake is concerned, it appears that the lands surrounding that lake have become Indian lands and the above rule would appear to apply. It appears further

OPINION 57-134 October 29, 1957 (OPINION) NURSING RE: Scholarships - Eligibility Pursuant to your letter request of October 21, 1957, for an opinion of this office on the eligibility of nursing students for the scholarship loans established by Chapter 150 of the 1957 Session Laws, please note the following: Section 2 of that Act makes eligible students "* * *who are residents of the state of North Dakota and graduated from a North Dakota high school who shall be selected by the board and who desire to attend the state university, the state agricultural college, any state norma

OPINION 57-180 October 28, 1957 (OPINION) SECURITIES RE: Salesmen - Registration Under date of October 15, 1957, we received from you a letter inquiring as follows: Does an unincorporated group of promoters for a yet to be formed, and chartered, Canadian Corporation require licensing by the Securities Commissioner before receiving contributions from a number of individuals in North Dakota, New York, and Canada, towards the organization of the anticipated foreign corporation?" The proposed agreement with the party paying the money is attached and we find it states that Gene Or

OPINION 57-176 October 25, 1957 (OPINION) SCHOOL DISTRICTS RE: Transfer of Funds - General This is in reply to your request for an opinion of this office in regard to payment of a part of a school district's bonded indebtedness out of the general fund of a school district. You inform us that the holders of general obligation bonds of the school district are willing to accept prepayment of a part of the debt evidenced by the bond issue. One $1,000.00 bond is presently delinquent because sufficient funds have not come into the Bond Sinking Fund to make the payments. You reque

OPINION 57-223 October 21, 1957 (OPINION) URBAN RENEWAL RE: Money Dispensed Through City Treasurer This is in reply to your letter to this office in regard to financial operation of the urban renewal agency of your city. The question involved is stated in your letter of September 26, 1957, as "* * * whether or not all of the funds and grants received by the Urban Renewal Agency of the City * * * shall be dispensed through the office of the City Treasurer and audited by the City Commission?" The legislative act concerned, chapter 281 of the 1955 Session Laws, is a relatively n

OPINION 57-130 October 21, 1957 (OPINION) LICENSES RE: Game and Fish - Refunds Your request for an opinion from this office with regard to the authority to make refunds to purchasers of Game or Fish license is herewith acknowledged. We have checked through the statutes of this State and can find no legislative authorization for the State Game & Fish Commissioner, the County Auditors or the agents of such officials to make refunds of all or any portion of the fees paid for a license to hunt or fish in this state. The appropriation to the Game & Fish Department by the 1957 Legi

OPINION 57-199 October 9, 1957 (OPINION) TAXATION RE: Exemption - Moneyed Capital This opinion is in reply to your letter of September 18, 1957, asking for my opinion on the question of what moneys and credits are subject to local assessment and taxation under that part of section 57-0208, N.D.R.C. 1943, quoted as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein limited shall be exempt from taxation, that is to say: * * * 7. Moneys and credits, except moneyed capital which is so invested or used as to come int

OPINION 57-219 October 8, 1957 (OPINION) TRAFFIC RE: Accident Reports - Confidential Your request for the opinion of this office as to whether law enforcement officers' accident reports are confidential is herewith acknowledged. It is the opinion of this office that the written accident report made by law enforcement officers as required by section 7 of chapter 253, S.L. 1955 as amended by chapter 262, S.L. 1957 are declared to be confidential by the provision of subsection 2 of section 12, chapter 253, S.L. 1955 as amended by chapter 262, S.L. 1957. Section 10 of chapter 253,

OPINION 57-170 October 8, 1957 (OPINION) SCHOOL DISTRICTS RE: Expenses of Board Members Outside District We have received your request for an opinion dated October 1, 1957. Your problem concerns the question of whether a special school district is authorized to pay actual and necessary expenses to a member for attendance at a meeting involving school district business outside the district. Although the statute only provides for compensation for attending meetings for members of a school board in a special school district, we believe a board under its general powers can authoriz

OPINION 57-166 October 4, 1957 (OPINION) SCHOOL DISTRICTS RE: Annexation - Petitions - Qualified Signers In your letter of October 3, 1957, you state that our school laws provide that a petition seeking to attach territory from a common school district contiguous to a special school district may be attached if said petition is "signed by two-thirds of the electors of the contiguous territory" etc. (Section 15-2714, 1943 Code). You ask whether the following described landowners or renters in the contiguous territory can be considered electors who could legally sign such petition

OPINION 57-132 October 4, 1957 (OPINION) MOTOR VEHICLES RE: Dealer's License - Two Places of Business We have received your letter of October 3, 1957, in regard to motor vehicle dealers, licenses, and bonds. There are two statutes involved here: Chapter 258 of the 1957 Laws, which amends section 39-0459 of the 1953 Supplement, and makes it unlawful for any person, partnership, or corporation to engage in the business of buying, selling, or exchanging motor vehicles or to advertise or hold himself out to the public as engaging in such business without a license. The cost of

OPINION 57-57 October 2, 1957 (OPINION) COUNTIES RE: Ambulance Service - Costs This is a reply to your recent request for an opinion regarding ambulance service contracted for by the County of Cass. Your request arose out of the opinion issued by this office on August 13, 1957, to Harold L. Anderson, State's attorney of Burleigh County, in which it was maintained that under Section 185 of the Constitution of North Dakota a county could not donate tax moneys for the operation of a privately operated ambulance service. As we understand it, the County of Cass contracts with a pr

OPINION 57-166 September 26, 1957 (OPINION) SCHOOL DISTRICTS RE: Building Fund - Architectural Costs We have received your letter dated September 23, 1957, with reference to whether money from a school district building fund may be used to pay for architectural plans. As you state, the law provides that such funds shall be used exclusively for the purpose of erecting new school buildings or additions to old school buildings, or major repairs of existing buildings. We believe the cost of architectural plans are a part of school building costs and can therefore properly be paid

OPINION 57-116 September 25, 1957 (OPINION) INSTITUTIONS RE: State Hospital - Care Costs Your letter of September 23, 1957, enclosing a letter from Russell O. Saxvik, Superintendent of the State Hospital, dated September 18, 1957, requesting information regarding several questions therein contained, has been received by this office. 1. Section 25-0203 as amended by Chapter 196 of the 1957 Session Laws provides: The state hospital shall receive and care for all mentally ill persons residing within this state who may be committed to its care, in accordance with the provisions

OPINION 57-179 September 17, 1957 (OPINION) SCHOOL DISTRICTS RE: Tuition - Credit for Taxes We have received your letter of September 13, 1957, with reference to the above statutes. This office is of the opinion that section 15-4016, as amended by Chapter 140 of the 1957 Session Laws, makes it mandatory for a high school district to charge tuition for students from an outside district. The charge is to be the county average of the cost of high school education. A district furnishing a high school is, of course, not liable if the student from its district chooses to attend h

OPINION 57-178 September 16, 1957 (OPINION) SCHOOL DISTRICTS RE: Transportation Payments We have received your request for an opinion dated September 12, 1957, with reference to Chapter 136 of the 1957 Laws, which amends section 15-3404 of our code. You point out that it is now permissible for a school district to furnish transportation payments under this statute to high school students attending high school within the district. Your questions then are as follows: 1. If a school district pays family transportation for grade school children, must the district pay also for st

OPINION 57-171 September 13, 1957 (OPINION) SCHOOL DISTRICTS RE: Removal of Buildings - Bonded Indebtedness This is in reply to your letter requesting an opinion of this office in regard to the removal of a building from a school district having a bonded indebtedness. You inform us that the school district of a particular village has floated a bond issue which has been sold or is in the process of being sold and that the question has come up of whether or not a building within the village may be removed from the district. It appears that the question of liability of the party

OPINION 57-106 September 13, 1957 (OPINION) ELECTIONS RE: School - Qualified Voter We have received your letter dated September 11, 1957, with reference to section 15-2714 of the North Dakota Revised Code of 1943. You state that the school officers manual published in 1954 in discussing who are eligible to sign a petition for annexation employs the following language, "electors residing in the district." You then ask the following questions: 1. Is an individual who owns land in territory sought to be annexed to a special school district and who votes at the same location as

OPINION 57-170 September 5, 1957 (OPINION) SCHOOL DISTRICTS RE: High School Closed - Who Chooses School for Attendance Your letter dated September 4, 1957, has been received. you state that about three years ago your district closed its high school, purchases a bus and has since transported its high school students to the Leeds High School at Leeds, North Dakota. Because of the new tuition law which makes it mandatory for a high school other than a county agricultural school to charge tuition equal to the county average your district can save some $2,700.00 by transporting th

OPINION 57-112 September 5, 1957 (OPINION) INSTITUTIONS RE: Officer Entitled to Food Only at Institution We have received your request for an opinion dated September 4, 1957. You state that a superintendent of one of our state institutions plans to move his wife and children to the state of California and has asked that he be paid in cash for the value of their subsistence. You ask whether it would be legal for your board to pay cash in lieu of subsistence, and if not, whether the food for his family could be shipped from the institution to his family in California. The applica

OPINION 57-160 September 4, 1957 (OPINION) SALES RE: Auction - License - Church Sale I am in receipt of your letter of September 3, 1957, in which you request an opinion for the Public Service Commission on the question of whether a person who conducts an auction without making any charge for his services is subject to the provisions of Chapter 323 of the 1957 Session Laws. More particularly, your question is whether a person who auctions off "fancy work" at a church sale without remuneration is subject to this chapter. Answering your question, I would say that it is my opini

OPINION 57-12 September 3, 1957 (OPINION) BUILDING AND LOAN ASSOCIATIONS RE: Investment of State Funds You have made an inquiry of this office whether Section 185 of the Constitution of North Dakota precludes the investment of Workmen Compensation Funds, State Bonding Funds, Teachers Insurance and Retirement Funds and Hail Insurance Funds in building and loan associations and savings and loan associations. Section 185 of the North Dakota Constitution reads as follows: The state, any county or city may make internal improvements and may engage in any industry, enterprise or busi

OPINION 57-83 August 30, 1957 (OPINION) CRIMES RE: Checks - No Funds - Notice This is in reply to your request for an opinion in regard to the interpretation of Chapter 99 of the 1957 Session Laws. The present statute provides in so far as here directly applicable: * * * The issuance of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such drawee, unless within ten days from the receipt of written notice of dishonor, the issuer shall have deposited wi

OPINION 57-169 August 27, 1957 (OPINION) SCHOOL DISTRICTS RE: Elementary Per Pupil Payments - Permit and Certificate Teachers Your letter with reference to the above matter dated August 23, 1957, has been received. You ask two questions: 1. Would a district which otherwise qualifies under the above statutes, which operates two schools, the teacher in one school holds a valid certificate and the teacher in the other school is unqualified, be entitled to payments under the above statutes. After much consideration and a study into the intent of the Legislature in this matter w

OPINION 57-115 August 23, 1957 (OPINION) INSTITUTIONS RE: State Hospital - Admission - Residence Your request for an opinion, together with a copy of a proposed reciprocal agreement with the State of California in regard to nonresident mental patients, has been received. Section 25-0209 of the 1943 Code provides that nonresidents may be admitted to the state hospital. Section 25-0314 provides that a nonresident insane person may be admitted to the state hospital from the county where found, and the superintendent of the hospital shall notify the board of administration who in

OPINION 57-148 August 22, 1957 (OPINION) RECORDS RE: Secretary of State - Search - Fees We have your letter of August 21, 1957, in which you request an opinion of the construction to be given to subsection 7, section 54-0904. Chapter 336, Session Laws of 1957, which provides for fees to be paid the Secretary of State, "7. For searching records and archives of the state, two dollars;" Webster's New Collegiate Dictionary (1956 Ed.) defines "search" as it is used in the legal sense as, "To examine (a public record), as for information pertinent to the title of land." In the ca

OPINION 57-58 August 13, 1957 (OPINION) COUNTIES RE: Ambulance Service - Donation of County Money This is an opinion relative to your request of July 31, 1957. The facts appear to be substantially as follows: A private individual is seeking a contribution of county tax money to help maintain and operate a privately operated ambulance service. The contribution would be in the nature of a donation. The county has no property interest in the ambulance service. Section 185 of the Constitution of North Dakota, as amended by Article 32 of the amendments to the Constitution, s

OPINION 57-85 August 1, 1957 (OPINION) CRIMES RE: Traffic Violation - Suspension of Sentence We herewith acknowledge receipt of your letter of July 30, 1957, requesting an opinion construing the provisions of Section 41, Chapter 251, 1955 Session Laws and the provisions of Chapter 12-53 of N.D.R.C. of 1943 as amended. Chapter 12-53 of the N.D.R.C. provides for two separate and distinct suspensions. Section 12-5301 of the N.D.R.C. of 1943 provides for the suspension of a sentence which has which has been imposed and applies to only those sentences which the court or magistrate

OPINION 57-62 August 1, 1957 (OPINION) COUNTIES RE: Drainage Board - Assessment of Maximum Levy This is in reply to your letter under date of July 29, 1957, in which you request the opinion of this office relative to the interpretation of certain provisions of Chapter 347 of the Session Laws of 1955. You request answers to the following questions concerning the authority of the County Drainage Board: "1. Can the board act on its own initiative only and assess the fifty cents per acre assessment for the clean-out and repair of any county drain?" "2. Is the Drainage Board restri

OPINION 57-122 July 22, 1957 (OPINION) IRRIGATION DISTRICT RE: Petition - Withdrawal of Name This is in reply to your letter of July, 1957, in which you request the opinion of this office as to whether or not a landowner who has signed a petition for creation of an irrigation district may withdraw his name from such petition at or after the hearing prescribed by section 61-0510 of the North Dakota Revised Code of 1943, and whether or not an owner of land who has not signed the petition may have his name included as a petitioner after or at such hearing. Section 61-0510 of the 1

OPINION 57-118 July 22, 1957 (OPINION) INSURANCE RE: Advance Premium Deposit Fund - Banking This is in answer to your request for an opinion of July 8, 1957. As we understand it, the problem for determination is whether an insurance company in setting up an advance premium deposit fund is violating the banking laws of North Dakota. You enclosed in your letter a copy of the advance premium fund clause for our reference. We have studied the advance premium fund clause and those laws relating to banking practices. We have researched the problem and there appear to be no cases

OPINION 57-55 July 18, 1957 (OPINION) COOPERATIVE ASSOCIATIONS RE: Increasing Capitalization With reference to your letter request of July 1, 1957, for an opinion of the corporate status of the above captioned company and the manner in which you may accept its proposed amendment providing for increased capitalization, we are pleased to submit the following: The facts of the case, briefly restated are as follows: The Klose Farmers Elevator Company (hereinafter referred to as the "company") was organized under Chapter 13, Compiled Laws of 1913 as amended by Chapter 92, Session

OPINION 57-72 July 15, 1957 (OPINION) COUNTY COMMISSIONERS RE: Authority to Specify Length of Vacations I have your letter of July 12, 1957, in which you raise the following question: Does the board of county commissioners have the authority to specify the length of vacation time taken by elective county officers and to fix the times therefor? Section 11-1111, subsection 2, of the N.D.R.C. of 1943, states that the board of county commissioners shall supervise the conduct of the respective county officers. I have always taken this to mean that the county commissioners have aut

OPINION 57-15 July 10, 1957 (OPINION) BUILDING AND LOAN ASSOCIATIONS RE: What is Legal Investment Your request for an opinion of this office regarding the authority of state building and loan associations to invest in debentures issued by the Federal Intermediate Credit Bank, has been received. Section 6-03471 of the 1953 Supplement to the N.D.R.C. of 1943 provides in part as follows: Without regard to any other provision of law, banks, buildings and loan associations, insurance companies, and other organizations of this state authorized to make mortgage loans and whose mortga

OPINION 57-53 July 8, 1957 (OPINION) COOPERATIVE ASSOCIATIONS RE: Foreign - Licensing With reference to the above captioned matter, our attention has been directed to correspondence from that company to you dated June 20, 1957, in which they inquire "Should we not be eligible to be licensed in North Dakota as a cooperative, as we are in other states?" Their inquiry is made preliminary to their attempt to comply with the new North Dakota Cooperative Association Act (Chapter 104 Session Laws 1957). From the penciled annotation to the referred to letter, it appears that the co

OPINION 57-112 July 5, 1957 (OPINION) INSTITUTIONS RE: Disposition of Insurance Payments for Wrecked Vehicle This is in reply to your letter of 27 June 1957, requesting an opinion of this office in regard to the disposition of moneys received by one of the state institutions. You inform us that a truck used at one of the institutions was involved in a wreck and the insurance company, determining that it was a total loss, issued a check in payment of the full value of same. You ask whether the insurance money can be applied on such payment or whether it must be put into instit

OPINION 57-212 June 25, 1957 (OPINION) TOWNSHIPS RE: Authority to Build Roads Outside Territorial Limits This is in reply to your letter requesting an opinion of this office in regard to a township's power to build roads. You inform us that a citizen of your county sends his children to a South Dakota rural school located about one-half mile south of the State line. This is his nearest and most accessible school and there are no roads leading from this man's farm to a school in your county. The South Dakota road is in need of repair and is impassible a good part of the year.

OPINION 57-11 June 19, 1957 (OPINION) AIRCRAFT RE: Spraying - Licensing Have your letter before me in which you request an attorney general's opinion concerning House Bill 798 of the 1957 Legislature which because of its emergency clause became law as of March 12, 1957. By using two hypothetical factual situations you ask two questions: 1. Does an aircraft that is licensed for commercial aerial spraying require an additional license when another person desires to use said aircraft for private aerial spraying? 2. Does an aircraft that is licensed for private aerial spraying

OPINION 57-67 June 18, 1957 (OPINION) COUNTIES RE: Warrants Lost or Destroyed - Duplication This is in reply to your letter of June 14, 1957, requesting an opinion of this office in regard to duplication and payment of lost or destroyed county warrants. Your question is, in essence, whether in the case of a warrant, due and payable for a small sum of money, which has been lost, a new warrant may be made out and immediate payment made by the treasurer of the county, pursuant to the terms of section 21-0602 of the N.D.R.C. of 1943. Section 21-0602 of the N.D.R.C. of 1943 provide

OPINION 57-67 June 5, 1957 (OPINION) COUNTIES RE: Parks - Levy Includes Entire County This is in reply to your request for information regarding county parks and recreational areas. We are enclosing herewith a copy of House Bill No. 584 passed by the 1957 Session of the Legislative Assembly. In so far as it amends 11-2806 of the 1953 Supplement to the N.D.R.C. of 1943, we assume it is the legislation to which you have reference. It is possible, however, that further legislation in this field will appear in the 1957 Session Laws, and can be more readily found through the ind

OPINION 57-124 June 5, 1957 (OPINION) LABOR RE: May School Compel Teacher Membership in Organization This is in reply to your request of May 2, 1957, for an opinion from this office relative to three questions. As we understand it, the questions are as follows: 1. Is it permissible for a board of education to deduct from the pay checks of teachers membership dues in the North Dakota Education Association and the National Education Association without obtaining the consent and signed authorization of the individual teachers? 2. Is it permissible for a board of education t