North Dakota AG Opinions, 1960

OPINION 60-174 December 10, 1960(OPINION) PUBLIC WELFARE RE: Children's Homes - State Aid - Protection of Religious Faith Re: Children's Homes Your opinion request of December 1, 1960, has been received. You state that a question has arisen concerning the operation of a children's home which is licensed under chapter 50-11, North Dakota Revised Code of 1943, as amended. You set forth the facts as follows: 1. A children's home is duly licensed under chapter 50-11 by a Lutheran organization. 2. This home has been accepting indigent children, and they have also been receiving state

OPINION 60-223 November 28, 1960 (OPINION) SOCIAL SECURITY RE: Township Supervisors - Fees or Wages This is in reply to your request for an opinion whether or not the compensation paid to township assessors is considered fees or wages under the agreement with the Federal Social Security program. The question relates to the compensation that assessors receive for making applications for insurance coverage and submitting them to the Insurance Commissioner. Under section 26-2216 of the 1957 Supplement to the North Dakota Revised Code of 1943 the assessors are entitled to received

OPINION 60-219 November 25, 1960 (OPINION) SOCIAL SECURITY RE: County Auditor - Contributions by County for Duties Not Involving the County This is in response to your letter in which you explain that the county officials have concern whether or not the county is required to pay the taxes or contributions arising out of the situation where the County Auditor accepts applications, processes same, transmits them to the State Hail Insurance Department and is reimbursed for such work. You further bring to your attention that the county is not prepared, nor does it have the finance

OPINION 60-196 November 22, 1960 (OPINION) SCHOOL DISTRICTS RE: High School Tuition - Payment for Four Years by District of Residence This is in response to your opinion request of November 3, 1960, with regard to a tuition question raised by the clerk of Juzeler School District No. 20. Your statement of the facts is as follows: A student from a district which does not offer high school has been attending a high school for four years, but did not graduate. He has now enrolled in the Juzeler School District this year. Mr. Erbstoesser (clerk of the above named school district) wishes

OPINION 60-1 5 9 November 22, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Nursing Scholarships - Qualifications of Candidates This is in reply to your request for an opinion of this office in regard to administration of the statutory provisions authorizing the issuance of nursing scholarships. You ask: 1. To what extent can financial need be the deciding factor in the decision to grant a nursing scholarship? Health, character, personal-social characteristics, vocational adaptability to nursing, record of scholastic achievement, and to some extent, geographic location i

OPINION 60-134 October 27, 1960 (OPINION) JUSTICE COURT RE: Fees - Plea of Guilty This is in response to your letter in which you ask what fees may the justice of peace charge under the following set out facts: The justice issues warrant for arrest; the accused pleads guilty, but the justice determines to hear testimony and does hear testimony to establish a prima facie case. The specific question is whether or not the justice of peace may charge a fee of four dollars for hearing testimony "as a trial of issue" where the accused has pled guilty. Section 33-0123, 1957 Supplem

OPINION 60-95 October 25, 1960 (OPINION) ELECTIONS RE: No-Party Ballot - Vacancy on General Election Ballot This is in reply to your letter in which you state the following: Clarence Carroll, the Stark County Register of Deeds, died on October twentieth. He was running for reelection and was the only person whose name is on the ballot printed for the November eighth election. Now there apparently are several people who are intending to run for the vacancy and of course wish to get their names on the ballots if possible rather than running as ordinary sticker candidates." Y

OPINION 60-98 October 21, 1960 (OPINION) ELECTIONS RE: Polling Places in Cities - Designation by County Commissioners This is in reply to your letter of October 18, 1960, concerning chapter 16-09 of the North Dakota Revised Code of 1943, as amended. You point out that section 16-0904 of the North Dakota Revised Code of 1943 indicates that the governing body of the village or city may designate polling places. You also state that the county commissioners changed the polling place of one location in the City of Carrington approximately one month ago. Thereafter the City Council of Ca

OPINION 60-53 October 13, 1960 (OPINION) COUNTIES RE: County Officers - Official Census - Salaries This is in reply to your letter in which you state that recently there appeared in the newspapers figures released by the Census Bureau stating the population of the various counties as the result of the census taken earlier this year. You then ask whether the figures so reported in the newspapers can be considered an official report for the purpose of determining whether the salaries of the county officials may be lowered or raised as the case may be. The statute in question is section

OPINION 60-18 October 11, 1960 (OPINION) ALCOHOLIC BEVERAGES RE: Minors - Possession - Automobiles This is in reply to your letter of September 15, 1960, in regard to the interpretation and application of Chapter 100 of the 1959 Session Laws and the provision of Section 1 thereof to the effect that: "It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase or have in his or her possession in this state any intoxicating liquor as defined by section 5-0506 of the 1957 Supplement to the North Dakota Revised Code of 1943." You ask for

OPINION 60-130 October 3, 1960 (OPINION) HIGHWAYS RE: Public Roads by Prescription - Duty of Township to Maintain This is in reply to your letter and telephone call in regard to a road or trail in your county. You inform us that the section through which this road runs has a highway along the west side, a township road along the north and east sides, and that this trail runs along the south side of the section. It is not on the section line because the section line area is so rough and rugged that the cost of construction of a road would not be within reason and would not serve any par

OPINION 60-68 September 23, 1960 (OPINION) COUNTY FAIRS RE: Levy in Aid of - Submission to Voters Under date of September 13, 1960, you inquired of this office regarding section 4-0230 of the North Dakota Revised Code of 1943 which was amended in 1947. Your inquiry is as follows: Your opinion is respectfully requested on the following question: Does section 4-0230 of the 1957 Supplement to the North Dakota Revised Code of 1943 authorize the submission of the question of continuing the annual levy in aid to an agricultural fair to a vote of the people of the county at the next gener

OPINION 60-90 September 15, 1960(OPINION) ELECTIONS RE: Affidavits of Residence - Authority of Election Board to Administer Oaths Under date of September 2, 1960, you wrote this office concerning the election board with reference to the use of electors' affidavits, etc. Section 16-0103 prescribes the qualifications of electors. This section was amended by chapter 153 of the 1957 Session Laws. It is now section 16-0103 of the 1957 Supplement to the North Dakota Revised Code of 1943 which reads as follows: QUALIFICATIONS OF ELECTORS. Any person of the age of twenty-one years or upward

OPINION 60-190 September 15, 1960 (OPINION) SCHOOL DISTRICTS RE: Bond Issue Elections - Qualifications of Voters Re: Eckelson Common School District No. 45, Eckelson, Barnes County, North Dakota This is in reply to your letter of September 13, 1960, in regard to persons voting at a prospective bond issue election in the above named school district. You inform us that there are many people who have property within the school district who have their land in soil bank and in some cases live in a larger town outside of the school district or in some instances in another state.

OPINION 60-242 September 9, 1960 (OPINION) TAXATION RE: Foreclosure of Personal Property Tax Lien - Receipts This is in reply to your opinion request of August 29, 1960. You state that "The County Auditor of Divide County is foreclosing a tax lien on real property under the provisions of Chapter 32-31 of the North Dakota Revised Code of 1943 and amendments thereto." You go on to observe that "The real estate taxes on the property involved have been paid and the only lien is constituted by personal property taxes which were made lien on said real property by resolution of the

OPINION 60-145 August 26, 1960 (OPINION) LIVESTOCK AUCTION MARKETS RE: Sales - Fees We are in receipt of your letter of August 25, 1960, and we herewith supply you with the following information. You requested an opinion from this office concerning what constitutes a sale within the meaning of the chapter 36-05, titled LIVESTOCK AUCTION MARKETS. You base your question on the following set of circumstances. If a particular auction market advertised and held regular sale on a certain day, said regular sale being completed at 4:00 p.m. that certain day; and then, at 8:00 p.m. t

OPINION 60-257 August 24, 1960 (OPINION) TOWNSHIPS RE: Officers - Residence - Vacancy in Office We have received your letter of August 17, 1960, in which you requested an opinion from this office concerning vacancies in township offices. You have asked the specific question: Whether or not a vacancy in a township treasurer's office is created when the township treasurer physically moves out of the township but said treasurer intends to retain his voting rights in the township." You cite section 58-0501 of the North Dakota Revised Code of 1943 which provides: Every person qu

OPINION 60-191 August 24, 1960 (OPINION) SCHOOL DISTRICTS RE: Bond Issue Elections - Percentage of Votes Needed for Approval This is in reply to your letter of August 17, 1960, requesting an opinion of this office as to the applicability of subsection 3 of section 21-0307 of the 1957 Supplement to the North Dakota Revised Code of 1943 to an election recently held in a school district in your county. You inform us that you are advised by school board officers that Richardton Special School District No. 4 had maintained and operated a public school building in Richardton, North D

OPINION 60-29 August 22, 1960 (OPINION) CITIES AND VILLAGES RE: Contracts - County Road Fund We are in receipt of your letter of August 3, 1960, in which you requested an opinion regarding the authority of a village to contract with a county under certain circumstances. You stated that a proposal had been made to the County Commissioners that a contract be entered into between the county and the village whereby the county agrees to take over the maintenance of streets and highways in a given village, if the said village agrees that the twenty percent of the tax

OPINION 60-36 August 16, 1960(OPINION) CITIES AND VILLAGES RE: Improvements - Boulevards - Width of Streets This is in reply to your letters of August 4, 1960, and August 5, 1960, in regard to a proposed street improvement to be constructed in your city. You inform us that the street concerned is 120 feet in width. Several years ago curb and gutter improvements were constructed on the street placed 15 feet from the property line of abutting owners leaving a roadway of 90 feet in width. The city now contemplates a boulevard type of improvement of this street. Apparently, the intention

OPINION 60-21 August 16, 1960 (OPINION) BANKS RE: Savings and Loan Associations - Use of Term "Deposits" This is in reply to your letter in which you state that for a number of years and prior to your tenure in office your department had ruled as objectionable the use of the word "deposits" in advertising by the building and loan and savings and loan associations. You further state that you have received numerous objections to this provision. You then ask for a clarification or ruling whether the term "deposits" may be used by building and loan and savings and loan associations. The te

OPINION 60-147 August 16, 1960 (OPINION) MARRIAGE RE: Application for License - Recording This is in reply to your letter of August 12, 1960, concerning the above matter. You state that for many years the marriage record book in Barnes County has had the application for marriage license, together with the marriage license and certificate of marriage, all on one page. You further point out that section 14-0322 of the North Dakota Revised Code of 1943 provides that marriage licenses and certificates of marriage shall be recorded. This section does not mention the applicatio

OPINION 60-143 August 16, 1960 (OPINION) LEGISLATURE RE: Referred Measure - Errors This is in reply to your letter in which you request an interpretation of section 16 of the 1959 Small Loans Act which is designated as chapter 136 of the 1959 Session Laws, which measure was referred by the people of the State of North Dakota under the provisions of Section 25 of the North Dakota Constitution and appeared as measure No. 5 on the June primary ballot. Measure No. 5 which was chapter 136 of the 1959 Session Laws was approved by the voters of the state of North Dakota on June 28,

OPINION 60-47 August 11, 1960 (OPINION) COUNTIES RE: County Coroner - Duties and Jurisdiction This is in reply to your request of July 29, 1960, for an opinion from this office relating to the duties and jurisdiction of county coroners. You have asked for a clarification of the existing law, and you have asked for our opinion as to what the legislative intent of the statute is. Further, you have asked the specific question: . . . . whether it is proper in a coroner case, to call the coroner of the county in which the victim died, regardless of where he may have first incurred his inj

OPINION 60-180 August 11, 1960 (OPINION) SCHOOL DISTRICTS RE: Annexation Petitions - Reconsideration by County Commissioners This is in reply to your letter of July 28, 1960, in regard to legality of action taken by the board of county commissioners concerning a petition for annexation of school district territory. You inform us that subsequent to approval by the state committee pursuant to section 15-5321 of the 1957 Supplement to the North Dakota Revised Code of 1943, and proper notice for hearing before the Steele County board of commissioners, a public hearing was held on M

OPINION 60-187 August 10, 1960 (OPINION) SCHOOL DISTRICTS RE: Bond Election - Resolutions, Ballots, Notices This office acknowledges receipt of your letter of August 2, 1960, in which you raise several questions with reference to the McVille Special School District No. 46 Bond Election held on June 6, 1960. You have asked for our opinion on this matter. The number one problem submitted by you relates to the form of ballot used at the above election. Our understanding is that the inspector of the election initialed each ballot, stamping same with a rubber stamp before handing

OPINION 60-132 August 10, 1960 (OPINION) HUNTING RE: Display of Color on Hunter - Use of Camouflage Suit Your letter of August 5, 1960, requesting the opinion of this office as to the requirements of Chapter 205, North Dakota Session Laws 1959, is herewith acknowledged. Section 20-0505 of the North Dakota Revised Code of 1943 as amended by Chapter 205 S.L. 1959 provides that all persons shall wear red, yellow, or orange caps while hunting big game animals or wild turkeys. In addition every person, while hunting big game animals or wild turkeys, shall have one hundred forty-four squar

OPINION 60-169 July 21, 1960 (OPINION) PUBLIC OFFICERS RE: Contracts - Personal Interest This is in reply to your request for an opinion on the interpretation of section 12-1006 as amended by Chapter 323 of the 1959 Session Laws. The material portion of this section reads as follows: Every public officer authorized to sell or lease any property, or make any contract in his official capacity, who contrary to law voluntarily becomes interested individually in such sale, lease, or contract, directly or indirectly, is guilty of a misdemeanor. . . ." The specific question is wheth

OPINION 60-101 July 18, 1960(OPINION) ELECTIONS RE: Voting Machines - Use of Printed Ballots and Machines Re: Chapter 16-21, 1957 Supplement to the North Dakota Revised Code of 1943 - Voting Machines This office acknowledges receipt of your letter of July 11, 1960, with reference to the use of voting machines for which provision is made in the above-captioned chapter. In your letter you enumerate some of the difficulties involved in the use of these machines in some of the cities in North Dakota, especially the delay in cases wherein the voter is compelled to wait a long period for

OPINION 60-158 July 14, 1960 (OPINION) NURSING HOMES RE: Loans - Terms and Conditions You have requested an interpretation of Senate Bill No. 290, Chapter 345, as passed by the 1959 session of the Legislative Assembly and approved by the Governor. In particular, you would like the opinion of this office as to the meaning and effect of the provisions of Section 3 of Chapter 345 which purport to limit the size of loans which may ". . . . be made by The Bank of North Dakota to nonprofit corporations to be used in the construction or reconstruction in this state of nursing homes,

OPINION 60-165 July 13, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Physicians and Surgeons - Licenses - Exemptions This is in reply to your letter of July 1, 1960, in which you ask for an interpretation of section 43-1702, subsection 2, of the 1957 Supplement to the N.D.R.C. of 1943, which states as follows: Any physician residing on the border of a neighboring state and duly licensed under the laws thereof, who does not open an office or appoint a place to meet patients or to receive calls within this state;" You further advise that this inquiry is prompted on belief that

OPINION 60-220 June 17, 1960 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Hairdressers and Cosmetologists - Powers of Board - Temporary Permits Your letter of May 25, 1960, pertaining to the above indicated matter has been received. The question at hand is whether or not it is within the power of the State Board of Hairdressers and Cosmetologists to issue temporary permits entitling beauty school graduates to practice their occupation between the time of their graduation and the next examination for registration. It is axiomatic that the board exercises purely statutory powers an

OPINION 60-76 June 13, 1960(OPINION) COUNTIES RE: State's Attorney - Institute - Expenses This is in reply to your letter of June 8, 1960, requesting the opinion of this office. You state the following facts: "The North Dakota States Attorneys' Association, of which I am a member, are planning to conduct a two day institute for the training of states attorneys to be conducted at the University of North Dakota law school at Grand Forks, on December 2 and 3 of 1960. :In order to defray the expense of such an institute, it was deemed necessary to request of the co

OPINION 60-247 June 10, 1960 (OPINION) SPORTS AND AMUSEMENTS RE: Licensing - Soft Drinks This letter is with reference to your letter addressed to this office under date of May 19, 1960, and also to a reply thereto under date of June 3, 1960, written by Helgi Johanneson, first assistant attorney general. As we understand your status, you have a franchise from the Post Exchange which authorizes you to sell and vend soft drinks on the base. Under the contract you agree to comply with all regulations relating to sanitation and health, and assume liability for all taxes applicab

OPINION 60-34 June 3, 1960 (OPINION) BUILDING AND LOAN ASSOCIATION RE: Operation of - Deposit Accounts; Restrictions This is in reply to your letter in which you state that several of the state chartered savings and loan associations are accepting savings from clients under the guise of Christmas Savings Clubs. You go on to state that these are nothing more than a regular savings account, subject to withdrawals on demand of the persons joining the club. You then state that in your opinion this form of savings is contrary to the provisions of 7-0406, N.D.R.C. of 1943, which reads as f

OPINION 60-160 June 3, 1960 (OPINION) LIENS RE: Crop Mortgages - Abstract of Crop Liens This is in reply to your letter of May 26, 1960, concerning crop mortgage abstracts. You wish to know if it is necessary to include grain loan mortgages for a prior year that have been filed in the current year on the current year's abstract. For example: 1959 grain mortgages on crops grown in 1959 and filed after January 1, 1960. Should they be included in the 1960 crop mortgage abstract? We note that section 35-0506 of the 1957 Supplement to the North Dakota Revised Code of 1943 pro

OPINION 60-294 June 2, 1960 (OPINION) WEIGHTS AND MEASURES RE: Dept. of - Licensing Coin - Weighing Machines and Public Gasoline Pumps This is in response to your request for an opinion on the following question: Pursuant to 64-0216, as amended, an individual tenders the license fee due for the coming year. At the time of the application there is a penalty due for failure to have the machine licensed after September first. The individual does not include the amount owing for the penalty, or includes only a part of the amount due. May the Commission withhold issuing the

OPINION 60-95 June 1, 1960 (OPINION) EDUCATION RE: School Districts - Erection of School House This is in reply to your letter in which you state that: "Because of the existence of nontaxable Indian land and a large number of school age Indian pupils within the district, this school board determined it was desirable in providing necessary school privileges for the children of the district that the federal government construct adequate federal educational facilities within the district. Pursuant to this determination, the board and the federal government reached an understanding where

OPINION 60-269 May 26, 1960 (OPINION) TAXATION RE: Payment and Collection of Taxes - Personal Property Taxes, Delinquent - Penalties This is in reply to your letter in regard to the amendment to section 57-2001 of the N.D.R.C. of 1943 contained in chapter 387 of the 1959 Session Laws. You inform us that a local deputy sheriff tax collector has suggested a news release to be given to the local newspaper in regard to the effect of said amendment on the statute. You suggest that either this office or the office of the State Tax Commissioner might want to approve the suggested r

OPINION 60-244 May 25, 1960 (OPINION) SPECIAL FUELS TAX RE: Disposition of Funds - Formula This is in response to your letter in which you ask what figures relating to miles of rural roads in each county should be applied to the formula set out under section 9 of chapter 381 of the 1959 Session Laws. This section deals with the disposition of funds collected pursuant to chapter 57-52 of the 1957 Supplement to the North Dakota Revised Code of 1943 and provides that the treasurer shall allocate and distribute such funds among the counties of this state for farm to market roads i

OPINION 60-82 May 24, 1960 (OPINION) DOMESTIC RELATIONS RE: Parent and Child - Residence of Illegitimate Minor - Recommitment of Indians Your letter of May 12, 1960, regarding severance of tribal relations has been received. Section 14-0905 of the North Dakota Revised Code of 1943 provides as follows: "The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings." This being so, the residence of the mother is the residence of the minor. Your question is regarding the cost of the keep of a minor child. If the mother has left the reservation and

OPINION 60-188 May 23, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Improvements by Special Assessment Method - Curbs and Gutters This is in reply to your opinion request of 13 May, 1960. You state that the City of Kenmare intends to pave certain streets and avenues and that, in compliance with a recommendation of engineers, there will be a reduction of street width which will, of course, necessitate the building of new curbs and gutters. The streets, now approximately fifty feet wide, will be narrowed to a width of forty feet. You inform us that the "improvement will be by the sp

OPINION 60-129 May 19, 1960 (OPINION) HIGHWAYS RE: County Roads - Right-of-Way - Rights In and To Gravel, etc. Your letter dated May 13, 1960 requesting an opinion from this office relating to rights in and to gravel or other road materials located within thirty-feet of a section line, is herewith acknowledged. The Supreme Court has consistently held that the interests acquired by the state and the public in the lands within thirty-three feet on either side of congressional section lines, was that of an easement only and the fee has remained in the landowner. See Wallentinson v. Willia

OPINION 60-44 May 17, 1960 (OPINION) COUNTIES RE: Clerk of District Court - Fees This is in reply to your request for an opinion whether or not a filing fee of seven dollars and fifty cents is required under section 11-1704 where an appeal is taken from a justice court to the district court in a criminal case. Under section 33-1240 it is observed that criminal case appealed from the justice court to the district court is to be tried "anew" regardless of any ruling or decision of the justice. Any defense available to the defendant in justice court will also be available to him in the di

OPINION 60-39 May 17, 1960 (OPINION) CORPORATIONS RE: Corporate Farming Law - Corporate Feedlot This in reply to your request for the further clarification on the question whether a corporation would be barred or prohibited from operating a "feedlot" under chapter 10-06 of the N.D.R.C. of 1943. Basic facts are as follows: A group of local people contemplate an incorporated business venture for the purpose of owning and operating a feedlot. The principal operation would consist of buying range livestock for the purpose of feeding, upgrading, and then reselling in a few weeks

OPINION 60-131 May 13, 1960 (OPINION) HIGHWAYS RE: State Highway Department - Responsibilities of Commissioner - Employment and Discharge of Personnel Receipt of your request for an opinion as to your authority to employ and discharge employees of the State Highway Department is herewith acknowledged. Section 24-0203 of the 1957 Supplement to the N.D.R.C. of 1943 which was first enacted as Section 6 of Chapter 125, N.D.S.L. of 1933 provides that the Commissioner shall employ all engineers, assistants, clerks, agents, attorneys, and other employees, required for the proper transaction

OPINION 60-31 April 29, 1960(OPINION) BANKS AND BANKING RE: Credit Unions - Powers of This is in reply to your request for an opinion on the following question: May a state chartered credit union lend money to another state chartered credit union?" Section 6-0606, North Dakota Revised Code of 1943, in enumerating the "Powers of Credit Unions," lists these powers re loans in the following subsections of this section of the Code. . . . . 2. To make loans to members for provident or productive purposes; 3. To make loans to a cooperative society or other organization having membershi