Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-01-30

Official County Paper Must
|. BE- Published /. Year in
One Town

~ 1E-E.EH- .Mh FA-aHg. Is. ~ '&. .TN& FH #
ing here the members OF the association
askd Attorney General Miller for rulings
on three important questions to :newspa-
per men.
The questions touched upon the nescrip
tion necessary in advertising the delin-
qunt tax sale of property, I'M the length
Of publication in a county or town within
newspaper.
Following is Mr.. Miller's letter to w.
p. Holbein, secretary Of the association.
containing his opinions on the questions:
January GOTH. 1914.
w. E. Holbein, Secretary,
North Dakota Press Association.
Lansford, n. D.
Dear Sir
Your committee recently submitted to
l. What is the proper method for Il
newspaper publisher to figure cSsts Of
printing delinquent tax lists. especially as
to collective descriptions, such as where
the notice describes q number of lots In
q description as follows: Lots l to 20 i'll.
clusive::" does such a description consti-
tute n description for which a charge
OF ten cents can be made or does it in
tclude twenty descriptions, authorizing a
charge of ten cents for each lot?
2. When a newspaper is moved from
one county to another county can 1t be-
come an official paper in the county to
which it is moved, in less than n year
after its removal?
8. When @ newspaper is moved from
one town to another town in the same
county must it be printed for one year in
the place last moved to before it car he.
come an official paper?
The first question submitted involves
the construction Of Chap. 22O, Laws of
1913, relating, among other things, to the
advertising of delinquent tax lists, and
fixing the amount to be charged to each
description for defraying the expense of
advertising. Section 2 of said act pro-
vides that such notice Of delinquent tax
sale shall contain q list Of the lands to
be sold, the name of the owner as the
records appear, and the amount of taxes
and penalty due, to which the auditor
shall add to each description If land SO
advertised the sum Of Is cents, and for
description Of town lots the sum OF
ten cents. to defray the expenses Of ad-
vrtising; provided that in no case shall
the property so advertised be charged for
such advertising an amount exceeding
the sum actually paid for the anne pro.
vided further, that in case the auditors
copy furnished to the publisher of de.
Yinquent tax lists contains matter other
than the description of the land to be
sold and total and amount due thereon,
including penalty and interest and costs.
then the extra expense required to print
the same shall he paid for by. the county
at the rate required for other legal print
1t is my opinion that the language:
Such notice Of delinquent tax sale shall
contain a list Of the lands to. be Sold
that each piece Of land to be sold
shalr be separately described. They must
be separately sold and therefore should
be separately described. 1t may be Eat 4
such as Lots one to twenty.
might constitute a valid des-
cription, but in my Judgment it would
be much safer to describe each lot by
number; AMI the language ito which the
shall add to each description of
SO advertised the sum OF Is cents.
and for each description of o W lots the
sum Of ten cents, to defray the EXPENSES
25 or 10 cents. as the case may be, shall
be added to each separate parcel Of land
to be sold; that is, that even though the
contained in the notice be
one to twenty, inclusive" tie audi
or should add to each lot the sum Of ten
cents to defray the expense Of adv,:r:is
ing, and not ten cents to the collection
Of lots to be sold.
The language, Provided further, that
n case the auditors copy furnished the
publisher of delinquent tax lists contains
other than description Of land to
'e sold then the extra expense required
0 print the same shall be paid for by the
'ounty at the rate required for other le-
al printing" means that il the notice pre-.
pared by the county auditor contains sin
Introduction or matter at the cid of the
lotice such as a certificate, or other mat
er distinct from the description of tho
and the amount of taxes. pom
lily and interest due. name Of owner, etc.
hat the expense required fer s'ch intro
uctory or other matter contai led there
n shall be paid for by the county at The
ate required for other legal printing and
annot be charged to the land sold.
Answering the questions lumber 2 and
, both Of these questions involve u con-
truction Of Section 2279.H r.. c.. ,: 1905. de.
ming an official paper qualified to 10
ublic printing, and reading a, follows:
Before IN newspaper in this state
hall be qualified to publish any legal
ctice or n matter required ny law to
g printed or published in some news
'aper in this state. or any public not
,es for any county. city or other NUM-
within this state, sue. ncwsna.
er must have been established at ,east
ne year-at least n page o: the sane
ak,,o IL, nuS,,&od n <1.n ), - , a axx;~,,ot ~ -