North Dakota AG Opinions, 1958

OPINION 58-61 November 19, 1958 (OPINION) COUNTIES RE: Memorials - Memorial Fund - Expenditure to Pay Lien on Memorial This is in reply to letter in regard to disposition of Korean memorial levy funds. You inform us that a part of the Burke County World War II memorial levy was designated for the erection of a Veteran's Memorial Hall in the city of Powers Lake. The building could not be completed, so the Legion organization borrowed money from a bank in Stanley to complete the hall to an extent sufficient to enable it to be used. Subsequently, the board of county commissioner

OPINION 58-186 November 17, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body - Publication of Proceedings Mandatory This is in reply to your request for an opinion of this office in regard to the publication of the proceedings of your city council pursuant to section 40-0812 of the North Dakota Revised Code of 1943. You first question is stated as: "In view of the above statutes, is it mandatory that the minutes of the regular meetings of the Hebron City Council be published?" You will note that the statute uses the word "shall" rather than "may". From such language

OPINION 58-173 November 6, 1958 (OPINION) MOTOR VEHICLES RE: Registration - Dealers' Licenses - Established Place of Business Re: Motor Vehicle Dealers' Licenses Section 39-0459 of the 1957 Supplement to the North Dakota Revised Code of 1943, governing issuance of motor vehicle dealers' licenses as presently constituted, provides in part that: . . . . No application shall be granted nor a license issued to anyone until and unless the applicant shall furnish proof satisfactory to the registrar of the fact that the applicant has an established place of business, and has facilit

OPINION 58-138 November 5, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: Proposed Site for Blind School - Acquisition of Title Re: Proposed Site for Blind School, Grand Forks, North Dakota In reference to your letter of October 17, 1958, you state that the Board of Administration desires a larger site for the location of the School for the Blind at Grand Forks, North Dakota. The letter of Shaft, Benson and Shaft, Attorneys at Law, which you have attached to your letter, states that the proposed site is part of a tract of land (N.E. \ of Section 5 Township 151 Range 50, Grand

OPINION 58-85 October 15, 1958 (OPINION) EDUCATION RE: Institutional Holding Associations - Faculty Housing We have received your letter dated October 9, 1958, wherein you ask whether institutional holding associations can construct faculty housing on the campuses of our institutions of higher learning with the consent of the Board of Higher Education. Chapter 15-17 of the 1943 code provides for the formation of institutional holding associations for the erection of dormitories on or near the campuses of our institutions of higher learning, such dormitories to be used solely fo

OPINION 58-82 October 13, 1958 (OPINION) EDUCATION RE: Construction of Revenue Producing Buildings - Contracts with Federal Agencies - Authorized Buildings This is in reply to your letter in regard to acquiring Federal Housing and Home Finance Agency advances for planning the construction of proposed buildings at the various institutions under the control of your board and more particularly at this time for the planning of the construction of a new administration building at the University of North Dakota. From the context of your letter and the enclosures thereto, it is our u

OPINION 58-137 October 13, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: General Provisions - Transfer of Patients This is in reply to your request for an opinion of this office in regard to the transfer of patients from the Grafton State School for the Feebleminded to the San Haven State School for the Feebleminded. You call our attention to the amendment of section 25-0102 of the N.D.R.C. of 1943 by chapter 197 of the Session Laws of 1957, providing for the transfer of patients between the Grafton State School and the San Haven State School. You also call our attention to t

OPINION 58-167 October 10, 1958 (OPINION) MINING AND GAS AND OIL PRODUCTION RE: Control of Gas and Oil Resources - Jurisdiction of Commission - Bonds This is in reply to your letter of October 7, 1958, requesting an opinion of this office in regard to the drilling bond required by the North Dakota State Industrial Commission. Your questions are stated as: 1. In the case of our drilling bond Form-3-a which is a $10,000.00 bond, is the liability of the Surety Company limited to $10,000.00 or is their liability limited to getting the job done that is necessary to be done even i

OPINION 58-77 October 9, 1958 (OPINION) CRIMES AND PUNISHMENTS RE: State Training School - Term of Commitment This is in reply to your request for an opinion of this office in regard to the term of commitment of juveniles to the State Training School. You call our attention to sections 12-4615 and 12-4613 of the North Dakota Revised Code of 1943 as follows: "12-4615. Contents of order or commitment. Every order of commitment to the state training school shall specify the date, as near as may be ascertained by the juvenile court, at which the accused will attain majority.

OPINION 58-101 October 9, 1958 (OPINION) EDUCATION RE: Trade and Correspondence Schools - License Pursuant to your request of October 7, 1958, please be advised that it is the opinion of the Attorney General that a school such as the National Business School of Rapid City, South Dakota is included in the definition of private trade and correspondence schools as defined in section 15-5001 of the North Dakota Revised Code of 1943. Accordingly, it is necessary for that school to obtain a license from your department before soliciting students in North Dakota. LESLIE R. BURGUM Att

OPINION 58-234 October 8, 1958 (OPINION) PRINTING LAWS RE: Official Newspaper - Qualifications This is in reply to your letter of October 4, 1958 in regard to election of official county newspapers. You inform us that there are two newspapers involved. One, the Billings County Pioneer, has been the official newspaper of Billings County for twenty or more years. The last eight or nine years the paper is claimed to be published in Medora, Billings County, having as its managing editor one Alice L. Lebo of Medora. The paper is mailed from Medora. The actual printing of the

OPINION 58-215 September 26, 1958 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Contractors - Licenses - Classifications of This is in reply to your letter of September 19, 1958, in which you express some concern whether or not your office is properly conforming to the provisions of Chapter 43-07 in the issuing of contractors' licenses. You state that previously licenses were issued in four classifications as provided by section 43-0707 but while such licenses limit the licensee as to the dollar amount which he can bid it does not limit the licensee as to the type of work on whic

OPINION 58-173 September 26, 1958 (OPINION) MOTOR VEHICLES RE: General Provisions - Prohibition of Parking Meters - Meters on Private Property Your letter of September 25, 1958, has been received in this office. In your letter you state that the city of Jamestown is now in the process of entering into a new lease with the Northern Pacific Railway Company covering certain properties in your city. This will be a term lease and under the arrangement that you have with the railway company it is mandatory that the city charge for these parking facilities. You raise the question

OPINION 58-127 HEALTH AND SAFETY -- RESTAURANTS -- DEFINITION -- FOOD DISPENSER Your letter of September 24, 1958, requesting an opinion as to whether or not a store having an electronically controlled machine that heats and serves a weiner and bun commonly known as a “hot dog” when a person deposits a coin in said machine should have a restaurant license, has been received. You specifically cite subsection 2 of section 23-0901 of the North Dakota Revised Code of 1943 which reads as follows: 2. “Restaurant” includes every building or other structure or any part thereof, and all bu

OPINION 58-102 September 22, 1958 (OPINION) ELECTIONS RE: No-Party ballot - vacancy Referring to our telephone conversation of this forenoon, in which you raised the question relative to filling vacancies existing on a no-party ballot in a county, I would say that the two sections in chapter 16-08 of the 1957 Supplement to the North Dakota Revised Code of 1943 seem to clearly indicate how and when a vacancy exists. According to section 16-0804, a candidate or candidates receiving the highest number of votes to the extent of double the number of persons to be elected to any offi

OPINION 58-230 September 17, 1958 (OPINION) OFFICES AND OFFICERS RE: Notaries Public - Can Act Officially Anywhere in State On July 21, 1948, a letter was sent to your office in which it was stated that a notary public should designate the county in which he is registered with the office of the clerk of the district court under section 44-0604 of the North Dakota Revised Code of 1943. According to subsection 2 of this statute, filing is for the purpose of enabling the clerk to certify that the person complying with the provisions of the subsection is a notary public during the t

OPINION 58-9 September 16, 1958 (OPINION) AERONAUTICS RE: Aeronautics Commission - Offices of In your letter of September 4, 1958, you request the opinion of this office as to whether or not the Aeronautics Commission may legally move its office outside of the State Capitol Building to the Bismarck Municipal Airport. You indicate that the Board of Administration has requested that you vacate your temporary quarters in the Legislative Committee Rooms G-5 and G-6 because that space will be needed by the forthcoming Legislature. You specifically cite the pertinent part of sect

OPINION 58-55 September 16, 1958 (OPINION) COUNTIES RE: General Provisions - Salaries of County Officers - County Commissioners This is in reply to your request for an opinion of this office in regard to per diem pay of county commissioners. You inform us that the Board of County Commissioners met from ten a.m. to five p.m. but that one of the commissioners went home at noon and did no other county business the rest of the day. Apparently comment has been made to the effect that this commissioner should not have received the full ten dollars per diem payment but should have

OPINION 58-240 September 15, 1958 (OPINION) PUBLIC WELFARE RE: County Poor Relief - Medical Attention This is in reply to your request dated August 28, 1958, for an opinion. The question posed is whether an individual who applies for welfare aid for his wife may receive it even though he lives and works for his father on the farm and receives part of the income from the farm. It is understood that the father owns the property and is financially responsible but refuses to pay for medical expenses for the wife of his son. It is the opinion of this office that if the above mentio

OPINION 58-262 September 12, 1958 (OPINION) TAXATION RE: General Property Assessment - Exempt Property - School Land This is in reply to your letter requesting an opinion of this office as to whether or not school land located in a flood control district may be assessed for benefits accruing from construction and maintenance of irrigation facilities. Subdivision 2 of Section 57-0208 of the 1943 N.D.R.C. provides that "all property, real and personal, owned by the State shall be exempt from taxation but no land contracted to be sold shall be exempt." Section 61-1222 of the N.D.R

OPINION 58-151 August 28, 1958 (OPINION) JUDICIAL PROCEDURE, CRIMINAL RE: Local Jurisdiction of Public Offenses - Penitentiary Escapees, Jurisdiction This is in answer to your oral request of August 16, 1958, for an opinion. It is understood that three inmates of the state hospital who recently escaped have not been captured. These inmates had been transferred from the state penitentiary to the state hospital for treatment. The question now arises as to whether the county of Burleigh or the county of Stutsman has jurisdiction over the escapees for purposes of extradition.

OPINION 58-142 August 27, 1958 (OPINION) INSANE, FEEBLEMINDED, TUBERCULAR RE: Tuberculars, Car Of Appropriation Re: Chapter 197 of the 1957 Session Laws, Section 25-0512, Subsection 7 of the 1957 Supplement to the N.D.R.C. of 1943 We have received your letter dated August 26, 1958, with reference to the above statute. Subsection 7 of the above statutes reads as follows: APPROPRIATION. There is hereby reappropriated from the unexpended balance of the 1955-1957 biennial appropriation for operation of the state tuberculosis sanatorium in the state treasury the sum of one hund

OPINION 58-104 August 25, 1958 (OPINION) ELECTIONS RE: Party Committee Organization - State Committeeman Selection of In your letter of August 21, 1958, you raise a question which relates to the election of a state committeeman for the fortieth legislative district, which district includes Burke and Divide Counties. This question is as follows: "Where two or more counties are embraced in a legislative district and they meet for the purpose of electing a member of the State Central Committee, are they entitled to cast a vote for each elected precinct committeeman as provided

OPINION 58-140 August 21, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: State Hospital - County Mental Health Board - State's Attorney As Member This opinion is in reference to some recent correspondence you have had with this office and in which you request an opinion on the question of whether or not a state's attorney may serve as an appointed member of the County Mental Health Board. Section 25-0215 of the 1957 Supplement to the N.D.R.C. of 1943 provides: In the case of the temporary absence of an appointive member of the county mental health board or of his inability to a

OPINION 58-103 ELECTIONS - PARTY COMMITTEE ORGANIZATION - STATE CENTRAL COMMITTEE - EXECUTIVE COMMITTEE, MEMBERS Your letter of August 21, 2958, has been received, and you state that at the recent state committee meeting of the Democratic Party an executive committee of twenty persons was elected by the state committeemen present. You also advise that a number of those elected were not members of the state committee, and the question has now been raised as to whether only state committee men can be elected to the executive committee for the reason that the executive committee merely acts

OPINION 58-179 August 19, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Assessment of Benefits - State Highway Department - Exempt from Special Assessments This is in answer to your letter of July 15, 1958, in which you state that the City of Glen Ullin created Paving, Curb and Gutter District Number 2 for the purpose of construction of paving, curb and gutter improvements, together with incidental work thereto. Included in the district were certain lots which had been purchased for right-of-way purposes only by the State Highway Department. Your question is: "Is the North Dakota

OPINION 58-248 August 14,1958 (OPINION) STATE GOVERNMENT RE: Board of Administration - Control of Capitol Grounds - Parking This is in reference to your letter of August 7, 1958, in which you ask for an opinion of this office concerning the powers of the Board of Administration in its control of the capitol grounds. Your specific question is: "may we legally remove all improperly parked cars at the expense of the owners?" Section 54-2118 of the 1957 Supplement to the North Dakota Revised Code of 1943 provides: "The board shall have charge and control of the . . . . capitol

OPINION 58-177 August 9, 1958 (OPINION) MOTOR VEHICLES RE: Unsatisfied Judgment Fund - Fund Level and Levy Your request for an opinion regarding the interpretation of the Unsatisfied Judgment Fund Act has been received. You specifically inquire whether or not the $70,000.00 biennial appropriation should be subtracted from the Unsatisfied Judgment Fund cash fund in determining whether or not it is below $100,000.00 on June first of each year, the date set for deciding if the one dollar levy should be applied to all motor vehicle licenses for the ensuing year. You cite section

OPINION 58-120 August 5, 1958 (OPINION) GOVERNMENTAL FINANCE RE: Bonds - Municipal Issuance for Medical Clinic, Unauthorized This is in reply to your letter of July 18, 1958, regarding the question of whether section 21-0306(2)(a) authorizes a city to borrow money by issuing bonds for the construction of a medical clinic. Subsection (2)(a) of the 1957 Supplement to the N.D.R.C. of 1943 states: 1. By any city: a. For the erection, purchase, construction, enlargement, or repair of municipal of public buildings for the following purposes: city halls, fire protection building

OPINION 58-219 August 4, 1958 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Electricians - When License Not Required We have your letter of July 18, 1958, requesting an opinion of this office. The question is asked whether it is within the purview of powers granted the State Electrical Board to: 1. Act as an examining board for journeymen, linemen and supervisors. 2. Issue certification of the qualification of linemen. 3. Accept examination fees from applicants. 4. Accept fees for certificates of qualification. Chapter 43-09 of the 1957 Supplement to the N.D.R.C. of 1943

OPINION 58-45 August 1, 1958 (OPINION) COUNTIES RE: County Budget - Availability of County Funds for Purchase of Ambulance This is in reply to your request for an opinion of this office in regard to availability of county funds for the purchase of an ambulance to be used in your community. You suggest three possibilities as follows: 1. As a regular county expenditure under normal operating proceeding, or 2. Under the county's contribution towards the purchase of an ambulance by the local fire department, or 3. The purchase of the ambulance or contribution of funds by t

OPINION 58-203 August 1, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of Municipalities - Ordinances Pertaining to Hawkers and Peddlers This opinion is issued to you in response to your request made in behalf of the City Council of Rugby, North Dakota, under the date of July 28, 1958. You ask three questions with reference to Ordinances numbered 49 and 50 of the said city of Rugby. Your first question was "Does ordinance No. 50 as set forth above apply to such sales persons or solicitation or does it only apply to peddlers and hawkers who may have merchandise with them for

OPINION 58-254 July 31, 1958 (OPINION) STATE GOVERNMENT RE: Merit System Council - Biennial Report This is in reply to your letter of July seventeenth in which you ask for an opinion on sections 4 and 5 of Chapter 332 of the 1957 Session Laws. This question deals with what is meant by a biennium report which is required to be submitted under both of the above mentioned sections. The term "biennium", unless further identified, means merely a period of two years and does not refer to a fiscal or calendar year. The term as used in section 4 of Chapter 332 of the 1957 Session Law

OPINION 58-90 July 29, 1958 (OPINION) EDUCATION RE: Powers and Duties of Special School District Officers - School Board Meetings - Charging of Mileage We have received your letter dated July 25, 1958, wherein you ask whether school officers in the newly reorganized Killdeer Special School District may charge mileage in connection with attendance at school board meetings. Section 15-2905 of the 1957 Supplement provides that: "Each member of the board of education shall receive as compensation three dollars for each meeting of the board actually attended by him, but no compensa

OPINION 58-97 July 22, 1958 (OPINION) EDUCATION RE: State Board of Higher Education - Powers and Duties - Rules and Regulations, Power to Make We have received your request for an opinion dated June 17, 1958. Your problem involves the power of the Board of Higher Education to make regulations and enforce them on the campuses of our state institutions of higher learning. Your specific questions are as follows: "1. Does the Board of Higher Education have the power and authority to assess fines and/or penalties for violation of institutional regulations and does the Board where

OPINION 58-84 July 15, 1958 (OPINION) EDUCATION RE: General Provisions - Schools Free and Accessible; School Ages - High School Student Over 21 We have received your letter dated July 10, 1958, wherein you state that a certain person over twenty-one years of age attended high school in a certain school district in this state last year, and you ask whether under our laws such person must pay tuition to such school district. Section 147 of Article VIII of our State Constitution provides in part as follows: "* * *the legislative assembly shall make provision for the establishmen

OPINION 58-139 July 14, 1958 (OPINION) INSANE, FEEBLEMINDED, ETC. RE: School For the Blind - Construction, Hiring of Architect This is in reply to your letter of July 7, 1958, requesting an opinion of this office in regard to the construction of facilities for the State School for the Blind at Grand Forks, North Dakota, pursuant to the initiated measure appropriating funds for the construction of such facilities. You ask whether your board should proceed after notification of the availability of funds under this appropriation to hire an architect in order that you may let contr

OPINION 58-204 July 8, 1958 (OPINION) MUNICIPAL GOVERNMENT RE: Public Libraries - Form of Petition For Pursuant to your request of June 25, 1958, please be advised that it is the opinion of the Attorney General that section 40-3801 of the 1957 Supplement to the N.D.R.C. of 1943 provides that the county commissioners have the power to establish and maintain a public library service upon petition of not less than fifty one percent of the voters of such county participating in the last election There seems to be no legal requirement as to the form of the petitions and so it is o

OPINION 58-48 July 2, 1958 (OPINION) COUNTIES RE: County Commissioners - Majority Necessary for Transaction of County Business This is in reply to your request for an opinion of this office in regard to two members of your Board of County Commissioners holding meetings and transacting business as the Board of County Commissioners. Your specific questions are stated as follows: 1. May a Board of county Commissioners delegate authority to take official action on general County matters to members of such board, not constituting a quorum, such authorization to be valid only whi

OPINION 58-50 June 10, 1958 (OPINION) CONTRACTORS RE: Public - License This is in reply to your letter of June 6, 1958, requesting an opinion of this office in regard to the necessity of a public contractor's license in particular described situations. In the first instance, an out-of-state firm will bid for the contract for the installation of bleachers in a public building within this state. The bleachers are manufactured in Wisconsin, but will be finally assembled and installed in the building at Fargo, North Dakota. In the second situation, a supplier will bid on furnitu

OPINION 58-148 June 4, 1958 (OPINION) RECORDS RE: Public - Public Access To I am in receipt of your letter of May 19, 1958, in which you request an interpretation of Chapter 305, 1957 Session Laws, which Act reads as follows: S 1.) Except as otherwise specifically provided by law, all records of public or governmental bodies, boards, bureaus, commissions or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in party by public funds, or expending public funds, shall be public records, open and accessible for insp

OPINION 58-23 June 3, 1958 (OPINION) CITIES RE: Establishment of New Ward This is in reply to your request for an opinion of this office in regard to the recent establishment of a new ward in your city. You inform us that on April 7, 1958, a petition, signed by a sufficient number of voters for the creation of a new ward in your city was filed with the city auditor of your city. The time and place for hearing the petition were designated and notice thereof was duly published in your official newspaper. The petition was approved, an ordinance was introduced, passed on first

OPINION 58-185 May 29, 1958 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Authority to Purchase Land We have received your request for an opinion dated May 28, 1958. Your question is whether or not the North Dakota State Board of Higher Education has the power to purchase a quarter section of land in North Dakota for the purpose of carrying on research in botany and biology at the University of North Dakota. We cannot find any law which either expressly or by implication authorizes the North Dakota State Board of Higher Education to purchase real property, and we therefore hold

OPINION 58-185 May 29, 1958 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Authority to Grant Easement Your letter dated May 28, 1958, wherein you ask whether the State Board of Higher Education has power to grant an easement to the city of Dickinson to construct storm sewers across the campus of the State Teachers College at Dickinson, has been received. We know of no law which authorizes the Board of Higher Education to sell, convey, or purchase real property, or any interest therein, and since the easement is an interest in realty and a property right, we must hold that the b

OPINION 58-100 May 23, 1958 (OPINION) ELECTIONS RE: Combining Precincts This is in reply to your request for an opinion in regard to combining election precincts. You inform us that in the three adjoining precincts concerned there were thirteen votes cast in one precinct, twenty-five in another, and ten in the other, and that at the present time there are even less voters than at that time. You further inform us that it is difficult to even obtain boards to serve in two of the precincts, and that actually there is no place to hold elections in these two precincts. The voters

OPINION 58-221 May 12, 1958 (OPINION) TRANSIENT MERCHANTS RE: Applicability of Law to Resident Corporation This is in reply to your telephone call of May 10, 1958. An opinion was requested concerning the applicability of Chapter 51-04 of the 1957 Supplement to the N.D.R.C. of 1943 which is entitled TRANSIENT MERCHANTS. The question is: Does Chapter 51j05 of the 1957 Supplement to the N.D.R.C. of 1943 apply to a North Dakota resident corporation that travels through the various counties of the state and sells its wares? Subsection 1 of Section 51-0401 of the 1957 Supplemen