The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-03-01
Nnrth .pakota ofioe RuIes.

Bismarck, N. D., March l. AL
this time when North Dakota is
responding to the appeal for increas-
ed production and when we need ev-
cry dollar of credit obtainable to get
this crop in, I cannot believe that II
is either necessary or patriotic
act on the part of the federal farm
loan board of It's own volition and
without compulsion Of law to shut
off this state from eligibility for fed
eral farm loans and thereby hamper
thousands Of our farmers in con-
tinuing their farming operations"
This is the declaration Of Assist
ant Attorney General Dan Brennan
in rendering an opinion to +. W.
Mclean, registrar and attorney for
the federal farm loan bank of st.
Paul. on certain sections of the new
North Dakota seed and feed bond
ing law. 49,
Treating the subject of North Da-
kota's eligibility for farm loans, AS
sistant Attorney General Brennan
says:
as to the lack Of eligibility for loans
on the part of North Dakota as
state by reason of the seed and feed
DOUQlfAE
to the fact that you can, under this
law. still comply with the rigid re-
uuirement of the federal farm loan
act. in that you will be securing first
liens at the time you make your
MORTGAGES. AS to the possible future
prior liens of counties for seed and
feed, you are then simply in the
same position that you are now as to
future general or special tax.
"An examination of the federal
farm loan act discloses that. section
9884-N Volume 9. u. S. Complied
statute 1915 makes it discretionary
with the federal farm loan bank to
declare first mortgages on land
situated in this or any other state.
ineligible during the continuance OF
the laws in question.
In view Of this provision the set
ting off of North Dakota from
eligibility for federal farm loans
must be the act Of the federal farm
loan board. 1t is not compelled by
law"
- Several Points Cited.
In addition to the position taken
with regard to North Dakota's eligi-
bility for federal farm loans Mr..
Brennan sets forth the following
points in his opinion:
First. That the county lien on the
land when fully matured and per-
fected will take priority over mort
cages executed since the new seed
and feed bonding act went into Ell
feet. "a
Second: That the lien Of the coun-
ties is not fully matured and per-
fected until the farmers indebted
ness for the seed. becomes due ir
October. and the lien OF the county
on the land does not attach until
the Indebtedness liz written upon the
tax list bv the county auditor after
October is.
Third: That the county lien on
the crop will attach from the time Of
the filing of the lien in the Office OF
the register of deeds which should
take place Immediately after the
execution Of the contract, and that
he recording Of the lien should not
be done until the time when the In
febtedness Is written upon the tax
list and should not be received by |
The register Of deeds until such time. |
Then the two acts which perfect |
ne lien OF the county and the land |
AXE place simultaneously. No 9TH |
n Interpretation Of the law will
1armonize the two provisions for /
extending the indebtedness on the
AK list In the treasurer's office and /
recording the lien on the register OF
leeds ONCE.