Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1913-01-17

The board met at O'Clock a. M
pursuant to adjournment 3ge
here wor" present COMMISSIONER
johnson, Thelin, Maloney, McNaugh
N and Eoystad.
The following written opinion which
was requested from the states attor
rcy by the ioa,d was rad as fol'ows:
Hon. BOARD of County Commissioners
Ramsey County, worth Dakota, !.
Gentlemen:
Answering your request for "a writ
ten opinion in re-advertising for news
papers to publish the proceedings of
the board, I will say that this calls,
in my opinion, for the construction OF
Chapter III, 1911 Session Laws only.
In my opinion, this statute.'is man
datory, as it states "the beard of
county commissioners of each county
in this state must at its first regular
meeting in January of each. year des-
ignate three newspapers. The word
"must" is used VIII h under ordinary
construction is mandatory ANA there
are few exceptions that it is directory
only ana then only where 5he context
of the chapter Of section clearly
shows tLas the word "mussv was not
intended to be mandatory tut direct
DRY only.
The context here, in my opinion, is
opposed to this theory aMds negatives
such a theory. In othe. words, it is
made the duty Of the commissioners
without cny preliminary steps at sheir
first regular meeting to :,Tdesignate
three newspapers to publish the pro-
ceedings of the board.
First, had there been any contempla
ton that bids should be advertised
for the same the legislature would no
doubt have provided for it in the act.
Second, the closing clause of the
Chapter is as follows:
"Provided that at least one news
paper so designated must be located
in the county seat of such county"
This provision clearly negatives the
theory Of advertising for bids, in my
opinion To illustrate, if three news
papers otherwise qualified to publish
the proceedings, outside of the county
seat were the three lowest bidders
under the statute one of them would
have to be rejected, in any event, even
though they were all bidding at an
equal rate and were the three lowest
bidders.
Tn my opinion, the advertising for
bids was irregular as would be the
designating of such papers according
to the bids. The law contemplates
the commissioners shall designate
these newspapers for fitness rather
than according to the lowest bid and
fixed the rate at which the papers des-
ignated shall be paid.
I am therefore, compelled to reach
the conclusion that lac advertising for
bids is irregular. and that it would be
irregular in designating said papers
to consider the bids, but that the
qualifications of the newspapers alone
should be considered.
Respectfully submitted,
(Signedl F. 7. Cuthbert,
States Attorney,
-... Ramsey county, N. D.
Bids for public printing received
from the following newspapers were
then presented to the board as fol-
lows: 80
Devils Lake World.
Edmore Herald News.
starkwcather Times.
Devils Lake Journal.
Crazy Public Opinion -
Hampton Guardian.
Churchs Ferry Sun.
Devils Lake InterOcean.
Moved by Commissioner johnson
that in view of the foregoing written
opinion of the states attorney that all
newspaper bids be returned to the
respective bidders unopened. Second
ed by Commissioner McNaughton and
on roll call, Johnson voted yes, Nc
Naughton yes, Thelin no, Maloney no,
for the reason that at the present
time we could get publishing done in
the papers and one be in the county
seat for perhaps less expense to the
tax payers. Hoystad voted yes. Mo
ton was carried.
Moved by Commissioner McNaugh-
ton and seconded by Commissioner
J Johnson that the Devils Lake World,
Churchs Ferry Sun and Edmore Her
aid be designated as the official news
papers to publish proceedings of this
board and other legal notices in ac-
cordance with law and that the Hamp
den Guardian be designated by this
board as the newspaper in which the
notice of the sale of real property for
taxes for the year 1912 be published
in conformity with the law governing
same and that said Hampden Guardian
be required to send one copy to each
delinquent tax payer in Ramsey coun-
ty. D.
On roll call johnson votes yes, Mo.
Naughton yes, Thelin no, Maloney no,
Hoystad yes. Motion carried and the
above named papers were designated
IS official newspapers.
Moved by Commissioners Maloney
aud seconded by Commissioner John.
son that the states attorney be in
structed to collect all the money which
has been expended by Ramsey county
For the care of insane patients which
hanc been sent to the insane asylum
At jamestown by Ramsey county, and
paid for by said county. Carried.
Moved that the bond offEG H. Grit.
fin as county Judge as principal with