North Dakota AG Opinions, 1959

OPINION 59-222 December 16, 1959 (OPINION) OFFICES AND OFFICERS RE: Duties of Officers - Nepotism; Prevention of - Applicability to Superintendents of State Institutions This is in reply to your request for an opinion on the question whether or not superintendents of state institutions (State Training School) under your jurisdiction come under section 44-0409 of the N.D.R.C. of 1943. You called to our attention that section 44-0408 specifically mentions state institutions and state boards, but section 44-0409, the one in question, merely mentions executive and administrative d

OPINION 59-260 December 10, 1959 (OPINION) TAXATION RE: Gross Estate - Inclusion of Value of Certain Property This is in reply to your letter of December 1, 1959, requesting the opinion of this office with regard to the question of whether or not the value of property transferred by a decedent during his lifetime, in which he reserved to himself a life estate and for which transfer he received no monetary consideration, is includable in the decedent's gross estate for North Dakota estate tax purposes. The statute which is applicable to this situation is section 57-3704 of the N

OPINION 59-286 December 8, 1959 (OPINION) TOWNSHIPS RE: Unincorporated Village - Street Lights - Payment of Electrical Costs This is in reply to your letter requesting a further interpretation of chapter 58-16 of the 1957 Supplement to the N.D.R.C. of 1943. You inform us that an unincorporated village in your county has for many years had street lights. The cost of electricity used has been paid for from an unofficial assessment and collection from lot owners in said unincorporated village. You call attention to a previous opinion of this office holding in effect that while

OPINION 59-121 December 7, 1959 (OPINION) GOVERNMENTAL FINANCE RE: Bonds - Recreational Building - Proposed County and City Project This is in reply to your request for an opinion of this office in regard to the authority of Burleigh County to join with the city of Bismarck in the financing of a building or buildings which are to be used for recreation, as a youth center, as a public library and for various athletic contests, and shows. The proposed project would apparently require that bonds of both the county and city be issued. You point out that chapter 21-03 of the N.D.R.

OPINION 59-110 December 4, 1959 (OPINION) FIRES RE: Fire Fighting Equipment - Township Contract - Duration This is in reply to your letter of December 1, 1959, relative to section 18-0610 of the 1957 Supplement to the North Dakota Revised Code of 1943. Your question is whether, under section 18-0610 of the 1957 Supplement to the North Dakota Revised Code of 1943, the township boards can be authorized to contract for a designated sum for fire protection to be paid annually for a number of years or must such contract be reconsidered each year at the annual township meeting. Sect

OPINION 59-243 November 25, 1959 SOCIAL SECURITY - Public Employees - Political Subdivisions - Division of Retirement System This is in reply to your letter in which you state that a question has been raised in regard to the State of North Dakota’s so called “Social Security enabling legislation” chapter 52-10 as it may relate to section 281(d)(5)(C) of the Social Security Act. You then ask for an opinion whether or not chapter 51-10 of the 1957 Supplement to the North Dakota Revised Code of 1942 as amended would permit political subdivisions such as a city to divide t

OPINION 59-241 November 25, 1959 (OPINION) SOCIAL SECURITY RE: Public Employees - Contributions - National Guard Civilian Employees This is in reply to your request for an opinion whether or not contributions or taxes as set forth in subsection d, section 52-1004 as amended in the 1959 legislature are to be paid for National Guard civilian employees. The section referred to provides as follows: "In addition to the contributions required in subsection a of this section, every employer shall be required to pay for the period of coverage, into the contribution fund established by

OPINION 59-288 November 23, 1959 (OPINION) WAREHOUSING AND DEPOSITS RE: Grain and Seed Warehouses - License We have received your letter of November 16, 1959, in which you request an opinion on the question of whether a grain warehouseman who has obtained a license from the Federal Government to operate as such must also obtain a license from the Public Service Commission in accordance with the provisions of Title 60-02, N.D.R.C. of 1943. In the case of Rice v. Santa Fe Elevator Corp., 221 U.S. 218 (1947), 91 L. Ed. 1447, the Supreme Court of the United States held that the Fed

OPINION 59-238 November 13, 1959 (OPINION) PUBLIC BUILDINGS RE: General regulations - Use of Native Fuel Products - Fuel Oil This is in reference to your letter in which you state that the institutions of higher learning are now using coal or gas as fuel at the several institutions. They are presently considering installing a heating plant or boiler that will use oil as a fuel. You then ask if it is permissible under the Constitution or statutes of North Dakota to use oil as a fuel. Section 48-0502 of the North Dakota Revised Code of 1943 as is material here provides that:

OPINION 59-88 November 12, 1959 (OPINION) EDUCATION RE: Powers and Duties of Common School District Officers - Reopening of School Re: Section 15-2509, N.D.R.C. 1943 as amended by Chapter 175, 1959 Session Laws: Boone School District This is in reply to your letter of November 4, 1959, concerning the above cited statute. You state facts as follows: "There is a rural school in Boone Township, which shall be hereinafter referred to as school A, which has been closed for some years. The parents of six children live one and one-half miles, one and one-half miles, one mile

OPINION 59-277 November 9, 1959 (OPINION) TAXATION RE: Special Fuels Tax Levy - Tax Levied - Applicability to Institutions of Higher Learning This is in reply to your request for an opinion whether or not the special fuel tax levy as provided for in chapter 381 of the 1959 Session Laws is applicable to institutions of higher learning. Section 2 of this Act provides: TAX LEVIED. There is hereby levied and imposed a special excise tax on all sales of special fuel which are exempted from the tax imposed under chapter 57-52 of the 1957 Supplement to the N.D.R.C. of 1943 as amend

November 4, 1959 (OPINION) WATERS RE: Water Conservation Commission - Powers of - Cancellation of Balance on District's Warrant - Merger of Districts We are in receipt of your letter under date of October 26, 1959, in which you say that in October of 1944 the Yellowstone Pumping Irrigation District issued its warrant to the State Water Conservation Commission to evidence a loan in the sum of thirty-five hundred dollars to enable the district to construct certain irrigation facilities. You say that the irrigation district made assessments to pay the Commission the amount of the

OPINION 59-18 October 28, 1959 (OPINION) AGRICULTURE RE: State Wheat Commission - Regulation - Revenue and Expenditures This is in reply to your request for an opinion on the following questions: 1. Is the commission created by this legislative Act an administrative agency becoming a part of the state government, thereby subject to any regulatory statutes pertaining to state agencies found elsewhere in the 1943 Revised Code of North Dakota and amendments thereto, not conflicting with the provisions of said act? 2. Under section 8 of the above mentioned Act, does the reven

October 23, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Improvements by Special Assessment Method - Improvement District - Inclusion and Assessment of Grounds of State Institution of Higher Learning This is in reply to your letter of October 13, 1959, in regard to the possibility of annexing the remainder of the grounds of the North Dakota Agricultural College to the city of Fargo, creating a special improvement district including such grounds, building a new and necessary water main furnishing to the school, water needed for consumption and fire protection and specially assessing said ground

OPINION 59-130 October 23, 1959 (OPINION) HIGHWAYS RE: Opening and Vacating - Access to Highway - Petition to Establish Cartway Your letter dated October 16, 1959, asking several questions concerning jurisdiction and obligation of the county and township under the provisions of Section 24-0706 of the N.D.R.C. of 1943, is herewith acknowledged. This office agrees with your conclusion that either the Board of County Commissioners or the Board of Township Supervisors may, upon being petitioned to do so, open a cartway or byroad in order to provide access to a public highway. Su

OPINION 59-28 October 14, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Sale and Taxation - Township Beer or Liquor Licenses - Issuance of to Vendee of Licensee We have your letter of October 8, 1959, with reference to interpretation of section 5-03031 of the 1957 Supplement to the North Dakota Revised Code of 1943 which reads as follows: TOWNSHIP BEER OR LIQUOR LICENSES. No retail beer or liquor license shall be issued in any organized township in this state by the board of county commissioners without the written consent of the township supervisors of such township. The provisi

OPINION 59-41 October 9, 1959 (OPINION) CORPORATIONS RE: Transfer of Real Estate - Validity of Deed This is in reply to your letter of 30 September 1959 in regard to the nonprofit corporation called the McIntosh County Fair Association. You inform us that the corporation was organized in 1936 or 1937. Bylaws of the corporation provide for an annual meeting of the stockholders to be held on the first Tuesday of October of each year. Apparently only one of the annual meetings was held on the first Tuesday of October. Several annual meetings were held thereafter but none has bee

OPINION 59-210 October 6, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Special Assessment Funds and Disbursements Thereof - Interest and Penalties - Improper Distribution Re: Penalty and Interest on Unpaid Special Assessments This is in reply to your letter in which you ask an opinion on the following facts: In the early part of 1959, the City Auditor's office discovered that the County Treasurer of Burleigh County was not paying over to the City Treasurer of the City of Bismarck interest and penalty which he had added to special assessments, and which he had collected under Sect

OPINION 59-99 September 28, 1959 (OPINION) EDUCATION RE: Teachers' Insurance and Retirement Fund - Military Service in War Counted as Teaching Service - Payment of Assessment This is in reply to your request for an opinion and interpretation of section 15-3936 as amended by the 1959 Legislature. Your first question relates to teachers serving in the armed forces who may count such time for teaching service upon paying the assessments for such time. The specific question is, "Does this assessment mean only the teacher's assessments, or must it also include the matching for sam

OPINION 59-246 September 28, 1959 (OPINION) SPORTS AND AMUSEMENTS RE: Dances and Dancing Places - Public Dance - "Platter Parties" This is in reply to your letter of September 23, 1959, requesting the opinion of this office on the following matter: You state that a radio station, as part of their advertising, holds "platter parties" in various parts of your county. On certain occasions they will hire a dance band and on other occasions they use records. Evidently dancing is a part of these events. You further state that admission is charged and the event is open to anyone,

OPINION 59-91 September 25, 1959 (OPINION) EDUCATION RE: Reorganization of School Districts - Annexation of Remaining Portions of Reorganized District We have received your inquiry of September 25, 1959, with reference to interpretation of section 15-5326 of the 1957 Supplement to the North Dakota Revised Code of 1943. The problem involves the meaning of the word "adjacent" as used in that statute. Section 15-5326 reads as follows: "ANNEXATION OF REMAINING PORTIONS OF REORGANIZED DISTRICT TO OTHER DISTRICTS. When a portion of any common or special school district has becom

OPINION 59-56 September 25, 1959 (OPINION) COUNTIES RE: Memorials - Joining With Another Entity - Expending of Memorial Fund - Responsibility of County This is in reply to your request for an opinion relating to the expenditure of memorial levy funds. You ask, does chapter 11-11 of the North Dakota Revised Code of 1943 as amended governing the construction and erection of buildings by counties in excess of one thousand dollars control where the county joins with a park board or some other entity in constructing or erecting such memorial. I presume you refer to section 11-3203

OPINION 59-195 September 24, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Ordinances - Fines and Forfeitures for Violation of Ordinances Paid Into Municipal Treasury - Insurance Proceeds This is in reply to your letter of September 11, 1959, in regard to the use of particular funds apparently held by the police department of your city. You inform us that the said police department has certain funds which have accrued from penalties and fees charged for storage of vehicles impounded on the streets of Fargo. Also, the department has a draft representing insurance proceeds for a dama

OPINION 59-182 September 23, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Employees' Pensions in Cities - Refund of Contributions This is in reply to your letter of September 16, 1959, requesting the opinion of this office with regard to section 40-4620 of the 1957 Supplement to the North Dakota Revised Code of 1943 as amended by Section 4 of Chapter 310 of the 1959 Session Laws. This section provides as follows: EMPLOYEE ENTITLED TO REFUND FROM FUND UPON TERMINATION OF EMPLOYMENT WITH CITY OR UPON COVERAGE UNDER FEDERAL SOCIAL SECURITY. Any employee who shall have been in the ser

OPINION 59-14 September 23, 1959 (OPINION) AGRICULTURE RE: Dairy Products Promotion Commission - Assessment - Milk Destined for Out-of-State Milk Plants This is in reply to your request for an opinion on the provisions of House Bill 620 which is Chapter 93 of the 1959 Session Laws. The question relates to fluid milk being picked up by bulk tankers for out-of-state milk plants. More specifically, the milk is produced on North Dakota farms or dairy farms and is placed in bulk tanks from which the milk is picked up by tanker trucks owned and operated by an out-of-state milk pl

OPINION 59-58 September 17, 1959 (OPINION) COUNTIES RE: Memorials - Joining With Another Entity - Village Town Hall as Memorial This is in reply to your letter of September 10, 1959, in which you request the opinion of this office on the following matter: You state that the village board of Almont, Morton County, proposes the construction and erection of a village town hall and has requested the Board of County Commissioners of Morton County to dedicate said town hall in the memory of the war dead of this country, and to use approximately five thousand dollars of the memorial

OPINION 59-29 September 12, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Subsidies By Dealers and Manufacturers - Subsidizing Prohibited Retailer's Ownership of Stock in Brewery This is in reply to your request for an opinion on the question whether or not a retailer in alcoholic beverages is prohibited from purchasing or owning stock in a brewery corporation under the North Dakota Laws. It is presumably chapter 5-06 of the 1957 Supplement, or more specifically 5-0602 entitled "Subsidizing Prohibited" which gives rise to this question. This section in substance provides that no ma

OPINION 59-28 September 10, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Minors - Possession By In your letter of September second you ask whether, under Section 1 of Chapter 100, 159 Session Laws, which section in part reads: It shall be unlawful for any person under the age of twenty-one years to purchase or attempt to purchase or have in his possession in this state any intoxicating liquor* * *, you can charge all of the minors in a automobile in which intoxicating liquor is found in possession of same, or "must we merely charge the one minor in whose possession we find the intox

OPINION 59-16 September 2, 1959 (OPINION) AGRICULTURE RE: Potato Improvement - Expenditure of Funds for Salaries and Travel - Regulation This is in response to your letter of August 27, 1959, in which you state that you recently entered into a cooperative agreement with the Red River Potato Control Board to promote better quality and expand outlets for potatoes. You advise that in order to qualify, the board had to clear its project through your department which will be responsible for the expenditure of federal funds. You also state that your department has assumed such re

OPINION 59-155 August 24, 1959 (OPINION) LABOR AND EMPLOYMENT RE: General Provisions - Right to Work Law "Agency Shop" We have received your letter of July 29, 1959, wherein you ask the following question: Is a clause in a union-management contract which provides that employees who are not union members shall pay their share of the cost of bargaining to the union in violation of our right-to-work law. (Section 34-0114, 1957 Supplement)? There seems to be very little law on this question although nineteen of our states have right-to-work laws. However, the appellate court of

OPINION 59-30 August 21, 1959 (OPINION) ALCOHOLIC BEVERAGES RE: Tax On - Military Post Clubs Subject To We have received your letter of July 16, wherein you ask the following questions: 1. Are officers and noncommissioned officers clubs on military bases in this state exempt from payment of our state beer and liquor tax? 2. Is the North Dakota National Guard exempt from state beer and liquor taxes? In answer to your first question it should be noted that we have no statute exempting officers clubs and noncommissioned officers clubs from the payment of state beer and and l

OPINION 59-176 August 19, 1959 (OPINION) MOTOR VEHICLES RE: Regulations Governing Operators and Accident Reports - Accidents Involving Damage to Vehicle - Single Vehicle Accidents This is in reply to your letter of July 9, 1959, requesting an opinion concerning Section 2 of Chapter 253, 1955 Session Laws, which is now section 39-0805 of the 1957 Supplement to the North Dakota Revised Code of 1943. Section 39-0805 of the 1957 Supplement to the North Dakota Revised Code of 1943 states: ACCIDENTS INVOLVING DAMAGE TO VEHICLE. The driver of any vehicle involved in an accident re

OPINION 59-62 August 18, 1959 (OPINION) COUNTIES RE: Memorials - Public Recreation System - Recreation Centers As Memorials We have received your letter of August 6, 1959, in which you state that the park board of the city of Glen Ullin has requested the board of county commissioners of Morton County to authorize the use of five thousand dollars of the memorial fund in Morton County toward the development of a memorial park in the city of Glen Ullin. Such park to include a well, picnic shelters, and playground equipment, as well as memorial markers. It was proposed that the

OPINION 59-205 August 14, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Public Recreation System - Recreation Center as Memorial We have received your request for an opinion as to the legality of a proposed memorial to be erected in the city of Hebron, Morton County, North Dakota, in memory of the veterans of said county. The memorial to be paid for in part with funds accumulated by virtue of the levy for which provision is made in chapter 11-32 of the 1957 Supplement to the N.D.R.C. of 1943. You state that the memorial will be a swimming pool to be named "The Hebron Memorial Pool"

OPINION 59-35 August 12, 1959 (OPINION) CORPORATIONS RE: Annual Report, Failure to File - Corporate Name This is in reply to your letter of July 22, 1959, in which you state that your office has many domestic corporations which are defunct by failure to file their annual reports as provided for under section 10-0525 of the N.D.R.C. of 1943. You further state that you took the steps provided for in sections 10-0527 and 10-0528 of the N.D.R.C. of 1943. Section 10-0529 of the N.D.R.C. of 1943 provided for the reinstatement of these corporations. These sections were repealed a

OPINION 59-228 July 30, 1959 (OPINION) OFFICES AND OFFICERS RE: Mileage and Expenses - Association Meeting This is in reply to your letter in which you state that the North Dakota Treasurers Association will hold its annual meeting in Bismarck in the near future. You then ask would the county treasurers who belong to the association to entitled to mileage and expenses? If so, what mileage may they collect when travel is by car, and what is the amount they may collect for room, lodging and sustenance? Section 11-1015 as amended by chapter 122 of the 1959 Session Laws provid

OPINION 59-100 July 30, 1959 (OPINION) EDUCATION RE: Teachers' Insurance and Retirement Fund - Retired Teacher's Annuity This is in reply to your question, "May a teacher retiring under the old formula with an $1800.00 maximum, have his or her annuity increased by $60.00 per year in excess of that amount?" This question was dealt with in a letter dated April 16, 1959, page 2, paragraph 3, and is as follows: These conditions are retroactive on a perspective basis. It is retroactive in so much that the formula established under this bill can be applied retroactively after July

OPINION 59-157 July 29, 1959 (OPINION) LABOR AND EMPLOYMENT RE: Mediation of Disputes between Public Employers and Employees - Grievances Submitted by Union We have received your request for an opinion with reference to the following question: "Is a head of a public department or board in this state compelled to consider grievances concerning employment submitted to him by a union representing such employees? Section 34-1101 of the 1957 Supplement is the pertinent statute on this question. It deals with mediation of disputes between public employers and employees and reads a

OPINION 59-209 July 28, 1959 (OPINION) MUNICIPAL GOVERNMENT RE: Sidewalks - Notice - Served by Whom Re: Sidewalks, Sections 40-2903 and 40-2912 This is in reply to your letter of July 21, 1959, concerning the above cited sections. You state that section 40-2903 of the N.D.R.C. of 1943 provides that a copy of the notice shall be served as provided in section 40-2912. Section 40-2912 provides that: . . . . The street commissioner shall serve such notice by delivering a copy thereof to the occupant or owner of each lot . . . ., or by leaving a copy thereof at the dwelling house

July 27, 1959 (OPINION) PRINTING LAWS RE: Distribution of Public Documents - Destruction of Public Records Receipts and Handgun Permits This is in reply to your letter of July 21, 1959, in which you ask the following questions: Under Chapter 41-18 of the 1957 Supplement to the 1943 Revised Code. Uniform Trust Receipt Act. An agreement between truster and the trustee which is called a trust receipt is filed in our office and we wonder how long we have to keep that instrument on file until we are authorized to destroy it. Chapter 62-01, Possession, Sale and Use of Pistols and

OPINION 59-269 July 22, 1959 (OPINION) TAXATION RE: Payment and Collection of Taxes - Personal Property Taxes, Delinquent - Penalty This is in reply to your letter of July 20, 1959, requesting my opinion on two questions relating to the following provision added to section 57-2001, N.D.R.C. 1943, by Chapter 387, S.L. 1959: From and after January first of the year following the year in which the taxes become due and payable, simple interest at the rate of six percent per annum upon the principal of the unpaid taxes on personal property shall be charged until such taxes and pena

OPINION 59-123 July 22, 1959 (OPINION) GOVERNMENTAL FINANCE RE: Bonds - Resolution - Debt Limit Re: Bond Issue - Increase of Debt Limit - Oakes Special District We have this date examined file showing proceedings of the above municipality in re increase of debt limit and in re issuance of bonds. Purpose of bonds is stated as "erecting additional school buildings in Oakes, North Dakota." In view of the decision of our supreme court in Stern v. Fargo, 18 N.D. 289, it is possibly arguable that said purpose is not definitive enough to satisfy the requirement of subsection 5 o

OPINION 59-49 July 20, 1959 (OPINION) COUNTIES RE: County Commissioners - Power to Contract for Group Insurance for County Officials This is in response to your request for an opinion on the following question: Do the County Commissioners have the power to enter into a contract between Divide County and New York Life Insurance Company so as to provide group insurance benefits for county officials and county employees?" You advise further that the contract provides that the county will contribute 50 percent of the premium and the employee would be required to pay the other 50

OPINION 59-59 July 16, 1959 (OPINION) COUNTIES RE: Memorials - Memorial Fund - Expenditure to Complete Building I have your letter of July 9, 1959, in which you request an opinion on the question as to whether or not the board of county commissioners of your county is justified in appropriating a sum of money out of the memorial fund for the purpose of completing a school gymnasium. Apparently, the building in question was erected nine years ago and is still in a state of incompletion. Some of the funds to be appropriated would be used for the repair of the gymnasium. I cal

OPINION 59-126 July 13, 1959 (OPINION) GOVERNMENTAL FINANCE RE: Transfer of Certain State Funds - Commission on Alcoholism, Funds This is in reply to your letter of July 8, 1959, concerning chapter 214 of the 1959 Session Laws. You state that the Commission on Alcoholism has on deposit with the State Treasurer $971.81 in the special fund. This money represents the remainder of a total of $2,000.00 received from the United States Public Health Service, Division of Indian Health, in return for which the Commission on Alcoholism shares office space and provides secretarial ser

OPINION 59-235 July 6, 1959 (OPINION) PROPERTY RE: Trademarks - Record of This is in reply to your letter of June 26, 1959, concerning the recording of corporate, cooperative and trademark instruments. In your letter you state that under corporation, cooperative and trademark statutes in effect prior to July 1, 1957, and partially in effect until July 1, 1959, your office has recorded all corporate, cooperative and trademark documents. This has entailed the typing, verbatim, in a book designated for such purpose, the entire document and the proofreading of the same. You wish

OPINION 59-296 June 30, 1959 (OPINION) WORKMEN'S COMPENSATION RE: Bureau - Fee Schedule for Hospital and Medical Services This is in reply to your request for an opinion or a copy of an opinion if one had been issued on section 65-0208 of the N.D.R.C. of 1943 relating to fees on hospital and medical services. From your letter it appears the bureau has adopted and is following a fee schedule for hospital and medical services which is below the normal standard. The hospital then in turn bills the injured person for the difference. You further state that the bureau has been ad