North Dakota AG Opinions, 1962

OPINION 62-164 November 28, 1962 (OPINION) MISSOURI BASIN SYSTEMS GROUP POOLING RE: Authority and Limitations of Board of Administration and Board o Higher Education to Participate This is in reply to your letter of November 13, 1962, concerning the participation by the Board of Administration and the Board of Higher Education in the Missouri Basin Systems Group Pooling. Without going into detail in regard to the purpose of this Pooling Agreement, we make the following observations: 1. The Board of Administration and the Board of Higher Education have the right and duty to pr

OPINION 62-270 November 19, 1962 (OPINION) VOCATIONAL REHABILITATION CENTER RE: Eligibility for Services This is in response to your letter of November 8, 1962. Your letter stated substantially the following: The Division of Vocational Rehabilitation is currently setting up a special program for the orientation and travel training of newly blinded individuals in conjunction with the Medical Center Rehabilitation Unit. Our specialist is highly trained and is recognized in other states for his training background. They are therefore asking me whether they can send some of thei

OPINION 62-191 November 7, 1962 (OPINION) REAL ESTATE COMMISSION RE: Exemptions from License - Attorneys This is in response to your letter of October 31, 1962, in which you advise that you were recently appointed to the Real Estate Commission. In this letter you also discussed the provisions of Chapter 43-23. The view of the Commission is set forth in your letter and appears to be as follows: The commission has taken the view that if an attorney accepts property openly for sale, on a commission, and advertises the sale of this property, holding himself out as the agent who

OPINION 62-99 October 24, 1962 (OPINION) DEFINITION RE: Community - Relating to Banking Laws This is in reply to your letter in which you ask for an opinion on the interpretation of the word "community" as it appears in section 6-03-14 of the North Dakota Century Code, which provides as follows: PAYING AND RECEIVING STATIONS AUTHORIZED. Any banking institution may establish and maintain within the county in which the home office of the applicant banking institution is located, or in any adjoining county, subject to the approval and supervision of the state banking board, a re

OPINION 62-69 October 19, 1962 (OPINION) CORPORATIONS RE: Operation of Feed Lot as Corporation - Limitations Your office has advised that you are confronted with a problem in filing articles of incorporation under chapter 10-06 of the North Dakota Century Code. The question which has arisen is whether or not a farmer in general agricultural pursuit may establish a feed lot for cattle as a separate corporate entity apart from his general cattle raising and grain farming activities. The question also has arisen on the operations of a similar nature, such as hog feeding, turkey

OPINION 62-111 October 15, 1962 (OPINION) DEPARTMENT OF PUBLIC INSTRUCTION RE: Physically Handicapped and Mentally Handicapped - Education of This office acknowledges receipt of your letter of October 3, 1962, in which you state that you would appreciate our interpretation of section 15-59-07 passed by the 1961 Legislature as Chapter 171. This section as it appears in the 1961 Pocket Supplement to the North Dakota Century Code reads as follows: EDUCATION OF PHYSICALLY HANDICAPPED - CONTRACT. If any school district in this state has any elementary or high school student who

OPINION 62-26 September 27, 1962 (OPINION) BOARD OF ADMINISTRATION RE: Responsibility for Obtaining Insurance for Various Departments and Institutions This is in response to your letter in which you ask for an opinion whether or not under the provisions of chapter 54-44, the duty and responsibility of securing insurance contracts for the various institutions under your control was transferred to the Department of Accounts and Purchases, or if it still remains your responsibility and duty. The only provision which might be construed as authorization for the Department of Accounts

OPINION 62-91 September 10, 1962 (OPINION) COUNTY WELFARE BOARD RE: Uniform Reciprocal Enforcement of Support Action - Out of State Filing Fees This is in reply to your letter of September 4, 1962, concerning the Uniform Reciprocal Enforcement of Support Act. You state the following facts and questions: "It has been our experience that certain counties in the State of Washington require a $25.00 filing fee before action will be taken on any Reciprocal Enforcement of Support Actions commenced in our jurisdiction. We have taken the position that the act is not reciprocal whe

OPINION 62-118 September 5, 1962 (OPINION) ELECTIONS RE: Filing Itemized Statement of Expenses This is in response to your letter in which you set forth the following facts: A write-in candidate received the minimum votes in the primary election to place his name on the ballot in the general fall election. The write-in candidate did not comply with section 16-20-04 of the North Dakota Century Code, which requires that an itemized statement be filed within fifteen days after the election, setting forth the moneys contributed, expended or promised by him to aid and promote his

OPINION 62-97 August 24, 1962 (OPINION) DAIRY PRODUCTS RE: Use of Sales Devices When Selling Retail This is in reply to your letter of August 16, 1962, concerning the above-captioned matter. You state the following facts and questions: A question has arisen regarding the lawfulness in the use of stamps, coupons, or premiums, in the sale of milk or milk products. It has been the custom, in some instances, to give stamps, premiums (such as free tickets to activities, balloons, dishware, and so forth) or coupons, which are redeemable for cash or merchandise, with the sale of m

OPINION 62-94 August 23, 1962 (OPINION) DAIRY PRODUCTS RE: Use of Sales Devices When Purchasing From Producers This is in reply to your letter of August 16, 1962, in which you ask several questions concerning the use of trading stamps, premiums, coupons and other sales devices on the purchase of milk or cream from the producer. Your questions are as follows: 1. Is it lawful to give trading stamps to the producer when purchasing milk or cream?" 2. Is it lawful to give coupons, which are redeemable for cash or merchandise, when purchasing milk or cream from the producer?"

OPINION 62-11 August 23, 1962 (OPINION) APPROPRIATIONS RE: Twenty-five Percent Required for Fourth Quarter of Biennium This is in reply to your inquiry in regard to expenditures of budget item appropriations. The items concerned are: Furniture and office equipment $2,500.00" and Travel - out of state - $ 700.00." You call our attention to the specific item in the 1961 Supplement to the North Dakota Century Code, section 10-04-03, subsection 3, which provides: **Such traveling expenses shall include the expenses of the commissioner or any person designated by him in att

OPINION 62-103 August 22, 1962 (OPINION) DEFINITION RE: Price - Relating to Cream Prices This is in reply to your request of August 16, 1962, for an opinion of this office concerning the definition of the word price when charges for transportation are charged to the seller by the purchaser. You state the specific question as follows: (S)hould the price, which is required to be posted, be the amount paid to the producer before transportation charges are deducted or should this posted price stipulate in some manner, the amount of transportation charges which will be deducted f

OPINION 62-121 August 16, 1962 (OPINION) ELECTIONS RE: Petitions - Vacancy on Ballot by Reason of Death This is in response to your letter of August 13, 1962, in which you state that the incumbent county commissioner and another candidate were nominated in the primary election as candidates for the office of county commissioner in the general election. The incumbent commissioner died and it now appears that a vacancy exists. The candidate that opposed the incumbent in the primary election having been nominated, his name will be printed on the no-party ballot in the general el

OPINION 62-101 August 9, 1962 (OPINION) DEFINITION RE: Persons Hired on a Fee Basis This is in response to your question as to whether or not the Administrative definition set out hereinafter would be in accord with the provisions of section 52-10-02 of the North Dakota Century Code and the Federal-State agreement. The basis for such definition is to clarify the provisions of section 52-10-02(c) which states as follows: The term 'employee' includes an officer of a state or political subdivision as well as all persons employed in and by regulatory boards, commissions or council

OPINION 62-244 August 7, 1962 (OPINION) STATE LAND DEPARTMENT RE: Loans Secured by Indian Owned Real Estate Forwarded herewith is file containing various documentation in regard to proposed farm loan to Arthur Bendickson and Annie Twiggs Bendickson. The question presented is whether with proposed authorization, the loan applicants can obtain a loan from the State Land Department on these premises. As quoted in a letter of May 16, 1962, from this office to the Land Commissioner, 25 U.S.C. 483 states in part: * * *Indian owners of any land which either is held by the United St

OPINION 62-34 August 6, 1962 (OPINION) BOARD OF DRAIN COMMISSIONERS RE: Authority to Issue Warrants This is in reply to your letter of August 1, 1962, in which you say that the Board of Drain Commissioners of Sargent County has been informed that the board will be presented with a petition signed by more than fifty-one percent of the affected landowners requesting the board to clean out and repair a drain, that no money has been accumulated in the drainage fund and that it is estimated that the maximum levy authorized by law, extended over a period of five years, will be needed

OPINION 62-268 August 6, 1962 (OPINION) VILLAGES RE: Office of Trustee and Policeman in Village Are Compatible The Village Attorney, Mr. Frank T. Knox, has requested us to write to you concerning the right of the Board of Trustees of the Village of West Fargo to appoint one or more of the village trustees as a policeman for the village. Mr. Knox has advised you, under section 40-07-18 of the North Dakota Century Code, that no limitation has been placed by the Code upon eligibility for such an appointment and the board of trustees has the right to fix the compensation of the p

OPINION 62-265 August 6, 1962 (OPINION) TOWNSHIP RE: Authority to Raise Grade and Install Culverts This will acknowledge receipt of your letter under date of July 31, 1962, in which you say that a township raised the grade of a road about two feet three years ago and did not place a culvert in the road because, at that time, there was no water problem, but that this year the grade of the road causes the water to back up, and that "in the instance of one individual he has some foot and a half of water in the granary." You say in your letter it is your understanding "that the tow

OPINION 62-272 August 3, 1962 (OPINION) WHEAT COMMISSION RE: Per Diem Payments - Limited to Official Meetings This is in response to your letter of July 24, 1962, in which you state that the State Wheat Commission has presented vouchers to your office allowing per diem payments of $10.00 to county representatives for attending informal meetings held by the Wheat Commission. You also call our attention to section 4-28-03 of the N.D.C.C., which provides for the election of county representatives and their duties and functions. You then ask for an opinion from this office wheth

OPINION 62-199 August 2, 1962 (OPINION) SCHOOL DISTRICTS RE: Bond Issue - Responsibilities of Board in New Reorganized District This is in reply to your letter of 27 July 1962 in regard to the above bond issue. Essentially the facts of which you inform us indicate that the bond issue election was held on 12 June 1962. The vote was in favor of issuance of bonds. Subsequently an election on a reorganization plan which included the original district's territory and other was voted on and approved. By reason of statute, the reorganization plan went into effect on July 1, 1962

OPINION 62-76 August 1, 1962 (OPINION) COUNTIES RE: Mill Levies - Used for Purpose Voted For Your letter request for an opinion, dated July twenty-sixth, 1962, has been received by this office. Your plan, to reimburse your county fund with moneys from the five mill levy voted upon for farm to market roads, is permissible. Our Supreme Court in the case of Huber v. Miller, 101 N.W.2d. 136, in construing 57-15-06.3 held that the proceeds from the levy voted upon by the electors of a county is a trust fund and as a trust fund "the levy which they had approved was to be used only

OPINION 62-63 July 27, 1962 (OPINION) CIVIL DEFENSE RE: Counties - Basis for Assessment of Workmen's Compensation Premiu This is in reply to your letter of July 6, 1962. You ask with reference to Civil Defense trainees being covered under the Workmen's Compensation Laws, whether Ward County must pay the premiums for those trainees who live and work within the city of Minot in the absence of a Civil Defense organization for that city. You further ask if the city of Minot can be compelled to form a Civil Defense organization. Section 37-17-08 of the North Dakota Century Code,

OPINION 62-122 July 17, 1962 (OPINION) RE: Elections - Rental of Polling Space - Liability for Rent Your letter of July 6, 1962, has been received. You state that some townships are billing the county for the amount charged them for rental of space to conduct general elections. The Stutsman County Board of Commissioners has requested that you obtain an opinion from our office as to who is legally obligated to pay for such rentals. According to Chapter 16-09 of the North Dakota Century Code we note that the boards of county commissioners designate the polling places for gener

OPINION 62-42 July 16, 1962 (OPINION) CHECKS RE: Nonsufficient Funds - Intent When Indebtedness Past Due Your letter of June 29, 1962, has been received. You state that since the effective date of the amendment of section 6-08-16 of the North Dakota Century Code by the 1961 Legislature your office has adopted the practice of having complaints signed and filed with the state's attorney in certain cases where a taxpayer who was delinquent in payment of income taxes or sales taxes issued an NSF check in payment of those taxes. Mr. John B. Hart, State's Attorney, Rolette County,

OPINION 62-168 July 13, 1962 (OPINION) MOTOR VEHICLE RE: Registration Fees - Distribution to Counties Your letter of July 10, 1962, has been received. You request an opinion from our office to clarify how distribution shall be accomplished of the funds mentioned in section 39-04-39(3) of the 1961 Pocket Supplement to the North Dakota Century Code. Prior to July 1, 1961, this was the amount distributed to the counties as their share of the motor vehicle registration fees. The counties, under the new law, will continue to receive an amount similar to what they did under the o

OPINION 62-252 July 6, 1962 (OPINION) STATE'S ATTORNEYS RE: Defense of County Officers - Civil Actions This office acknowledges your letter of July 3, 1962, in which you requested the opinion of this office on the proposition as to whether or not it is your duty as state's attorney to defend one of your county officers in a civil action against the said officer. Section 11-16-01 of the North Dakota Century Code outlines the duties of the state's attorney and among other things sets out that he shall: (5) Defend all suits brought against the state or against his county; (9) Gi

OPINION 62-182 June 29, 1962 (OPINION) SCHOOL DISTRICTS RE: Attachment - Definition of Adjacent Territory and Contiguous Territory Your letter of June 5, 1962, has been received. The purpose of your letter was to secure an opinion from our office concerning the definition of "adjacent territory" and "contiguous territory." Your letter was prompted by the fact that the Atkinson School District in your county has for the past fourteen years transported their students to the Bowman Twin Butte Public School District for purposes of education and because of this, there has been

OPINION 62-198 June 22, 1962 (OPINION) SCHOOL DISTRICTS RE: Officers - Compensation and Expenses This is in reply to your letter of June 18, 1962, in regard to compensation and expenses to school board members. You call our attention to section 15-29-05 of the North Dakota Century Code, which provides that no school board member shall receive in excess of $5.00 as compensation for each meeting attended and shall not be paid for more than one meeting in each calendar month. You also call our attention to subsection 12 of section 15-29-08, providing that the school district may

OPINION 62-167 June 14, 1962 (OPINION) POLITICAL PARTIES RE: County Committee - Members This office acknowledges receipt of your letter of June 12, 1962, in which you make the following request: May we have your opinion as to whether or not the county chairman, state central committeeman, county executive committee members, and any other officers must be elected from among the precinct committeemen, or may the precinct committeemen go outside their own ranks to find such officers?" Section 16-17-10 of the North Dakota Century Code deals with the organization of county central

OPINION 62-44 June 12, 1962 (OPINION) CIVIL DEFENSE RE: Counties - Emergency Fund This office is in receipt of your letter of June 8, 1962, in which you requested an opinion on the procedure applicable to providing operational and salary funds for your newly appointed county civil defense director. You state that the county commissioners have indicated that they would prefer sufficient funds from the emergency fund as needed, rather than to make provision for such expenses in the general budget, in effect, out of the general fund of the county. You relate that you and the co

OPINION 62-229 June 5, 1962 (OPINION) STATE TOXICOLOGIST RE: Counties - Expert Witness Fees Your letter dated May 29, 1962, has been received. You relate that in a recent criminal case in your county it was necessary for you to utilize the services of the State Toxicologist and that he testified as an expert witness at the trial in connection with chemical or "breathalizer" tests which are used to determine the intoxication of an individual. You state that your county cannot resolve what witness fees, if any, Dr. Prouty should be entitled to, but that it is i your impressio

OPINION 62-92 June 1, 1962 (OPINION) ELECTIONS RE: Elections Clerks - Candidates for Precinct Committeeman This office acknowledges receipt of your letter of May 31, 1962, in which you raise the following question: Can persons who have filed petitions, and whose name is placed on the ballot for election as precinct committeemen, serve as election clerks?" Section 16-10-01 of the North Dakota Century Code states that: The judges of election, together with the inspector of elections, shall constitute the board of elections. . . ." Therefore, we conclude that the clerks of electi

OPINION 62-17 May 29, 1962 (OPINION) ALCOHOLIC BEVERAGES RE: Minors - Married Women This office acknowledges receipt of your letter of May 14, 1962, in which you raise the question as to whether or not a married woman who is under 21 years of age may be served liquor in a licensed liquor establishment. Replying to your question, I call your attention to section 5-05-04 of the North Dakota Century Code which reads as follows: SEPARATION OF BAR - MINORS PROHIBITED. No licensee authorized to sell alcoholic beverages shall operate or maintain a bar on or over which alcoholic bev

OPINION 62-91 May 23, 1962 (OPINION) ELECTIONS RE: Election Board - Candidates for Precinct Committeeman This is in reply to your letter of May 18, 1962, in which you ask whether candidates for precinct committeeman in the June Primary Election may also serve on the election board. While we recognize that candidates for precinct committeeman are not candidates for public office as such, the election of precinct committeemen is governed by statute and we must look to the statutes in this regard. The following statutes govern this matter: Section 16-17-07 of the North Dakota Centur

OPINION 62-79 May 22, 1962 (OPINION) DAIRY PRODUCTS RE: Cream Buyers - Posting of Prices This is in reply to your letter of May 18, 1962, concerning section 4-18-16 of the North Dakota Century Code. You ask our opinion with reference to the posting of the price being paid for butterfat under the provisions of the above section. You state that many of the cream buyers dispute the fact they have to post the price. Others post their price so it is not readable from the street due to being posted in a second story window or side window of the building. You department contends

OPINION 62-45 May 22, 1962 (OPINION) CIVIL DEFENSE RE: Counties - Use of Emergency Fund This is in reference to your letter of May 17, 1962, concerning an opinion issued out of this office under date of February 27, 1958, to Mr. M. C. Fredricks, Stutsman County, State's Attorney, Jamestown, North Dakota. In your letter you ask us to revise the opinion covering the new Code references for the 1961 Session. As you know, Chapter 37-17 of the North Dakota Century Code was amended and reenacted by the 1961 Legislative Assembly. The opinion to which you refer was issued by this o

OPINION 62-97 May 14, 1962 (OPINION) ELECTIONS RE: Official Newspaper - Filing Fees This office is in receipt of a communication from Mr. E. W. Doherty of New Rockford, co-publisher of THE TRANSCRIPT, the official newspaper for Eddy County, in which he states that the Auditor of Eddy County requests the payment of the Three Dollar Filing fee in connection with Mr. Doherty's application to have the name of his paper placed on the Primary Election ballot to be voted upon for nomination as official newspaper of Eddy County. Mr. Doherty states that one adjacent county makes a charg

OPINION 62-46 May 4, 1962 (OPINION) CORPORATIONS RE: Annual Reports - Not Confidential This is in response to your inquiry whether or not the annual reports of foreign and domestic corporations are confidential. We find no specific statute relating to this question, however, in examining the provisions of section 44-04-18 of the North Dakota Century Code and the construction placed thereon by the North Dakota Supreme Court in Grand Forks Herald v. Lyons, 101 N.W.2d., 543, we come to the conclusion that these reports are not confidential. We are inclined to believe that these re

OPINION 62-65 May 3, 1962 (OPINION) COUNTY AGENTS RE: Levy - Use of Other Funds Your letter of April 27, 1962, has been received. You state that during the past several months a number of questions have developed relative to the appropriating of funds in excess of the amount that can be raised by a one mill levy by the counties for their share of the Extension program budget. It appears that approximately twenty-five counties find the amount that can be raised by a one mill levy in their counties is insufficient at this date, or will be shortly, for meeting expenditures neede

OPINION 62-208 May 1, 1962 (OPINION) SCHOOL DISTRICT RE: Sale of School Site - Notice to Original Owner or Assigns This is in reply to your letter of April 12, 1962, concerning section 15-26-09 of the North Dakota Century Code. You stated the following facts: In 1920 Byron School District of Cavalier County, a common school district, purchased a school site and erected an eightroom school building of brick construction to be used as a consolidated school. On February 2, 1960, that part of Byron School District containing this school site and the building was annexed to Lin

OPINION 62-216 April 17, 1962 (OPINION) SCHOOL DISTRICTS RE: Tuition - Multiple County Districts This is in reply to your letter of April 5, 1962, concerning a patron of the Grandin School District which district includes territory in Traill and Cass Counties. The physical plant of the school itself is located in Grandin, in Cass County. The patron is a resident of Traill County. The question presented is whether, under the provision of section 15-40-17 of the 1961 Supplement to the North Dakota Century Code, an appeal from the decision of the school board of the school d

OPINION 62-81 April 10, 1962 (OPINION) DISTRICT HEALTH UNITS RE: Levy by Counties - Failure to Levy Certified Amount Your letter of March 23, 1962, has been received. You have requested an opinion concerning the county levy for the district health unit fund as provided in section 23-14-11 of the North Dakota Century Code. You relate that a situation has arisen in one of the health districts where two counties in a six county multiple health district have practiced levying less for the health unit fund than the amount approved by the Joint Board of County Commissioners of the wh

OPINION 62-77 April 5, 1962 (OPINION) COUNTY LIBRARY RE: Levy - Cooperating Municipalities and Political Subdivisions This is in reply to your letter of March 29, 1962, and enclosures thereto, in regard to reductions of county library service mill levy and inter-county contracts in regard to library service. We are enclosing herewith copies of previous letters and correspondence of this office in regard to same. We believe materials enclosed herewith fully disclose our position on same. To summarize this position we might properly state that while the petition and the authori

OPINION 62-32 March 26, 1962 (OPINION) CITIES AND VILLAGES RE: Elections - Appointment of Judges and Inspectors Re: Election This is in response to your letter in which you state that the City of Carrington has a council form of government. The question then arises how are the judges for the municipal election appointed or designated for the election to be held on April 2, 1962. You also submit the following set of facts and ask how is the inspector for this ward to be appointed or designated: One of the aldermen has resided in another ward for approximately six months but yet he ha

OPINION 62-33 March 23, 1962 (OPINION) CITIES AND VILLAGES RE: Elections Vacancy on Ballot This is in reply to your request for an opinion on the following set of facts: The City of Jamestown is operating under the Council form of government. The regular election is to be held on April 2, 1962. At this election one of the aldermen whose term was up for election, filed a petition for the office in the regular manner. He was the only candidate that filed for the office. He has now died. The question is how may this office be filled? The time for election is determined

OPINION 62-76 March 14, 1962 (OPINION) COUNTY LIBRARY RE: Establishment - Mandatory or Discretionary This is in reply to your inquiry in regard to establishment and maintenance of Wells County library service pursuant to chapter 40-38 of the North Dakota Century Code. You ask whether: 1. Is it mandatory for the Board of County Commissioners to establish a library fund and enter a levy and cause necessary taxes to be collected? 2. Do the Commissioners alone determine if the levy should be one or two mills? 3. If this public library fund is crea