Legislation

CHAPTER 92

H. B. No. 26— (Committee on Appropriations)

VETERANS' SERVICE COMMISSIONER

An act providing an appropriation for the paying of salary, clerkhire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§1. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $10,360.00, or so much thereof as may be necessary for the biennium beginning July 1st, 1939, and ending June 30th, 1941, to pay salary, clerkhire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and as amended by Chapter 254 of the Session Laws of 1937:

Salary                                    $ 4,800.00

Clerkhire                              $2,760.00

Postage                                $600.00

Office supplies                   $300.00

Furniture & fixtures         $150.00

Printing                                $150.00

Miscellaneous                    $300.0

Travel expense                   $1,000

Rent                                       $300.00

Total                                      $10,360.00

Approved March 7, 1939

CHAPTER 248

H. B. No. 300— (Fitch)

VETERANS GUARDIANSHIP AMENDMENT

An act to amend and re-enact Section 14, Chapter 309 of the Laws of North Dakota, 1931, providing for the furnishing without charge of copies of public records; repealing all acts in conflict and declaring an emergency. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 14, Chapter 309 of the Laws of North Dakota, 1931, is hereby amended and re-enacted to read as follows: 

§ 14. Whenever a copy of any public record is required by the administration to be used in determining the eligibility of any person to participate in benefits made available by such administration, or to be used by such administration in its supervision of estates covered by this act, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such administration with a certified copy of such record. 

§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed. 

§ 3. Emergency.] An emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage and approval, 

Approved March 7, 1939.

CHAPTER 249

H. B. No. 356— (Severson)

PREFERMENT FOR OFFICIAL APPOINTMENT

An act to amend and re-enact Section 3186 of the Compiled Laws of North Dakota for 1913, relating to the preferment for official appointment, and providing for repeal of any acts in conflict herewith. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 3186 of the Compiled Laws of the State of North Dakota for 1913, is hereby amended and reenacted to read as follows : 

§ 3186. Preferred for Appo1ntment.] In each public department and upon all public works of the State and of the cities and villages therein, honorably discharged veterans from the armed forces of the United States who served in any war, military occupation or expedition engaged in by the United States, shall be preferred for appointment, and age, loss of limb or other physical impairment which does not in fact incapacitate, shall not be deemed to disqualify them, if they possess the requisite qualifications and business capacity necessary to discharge the duties of the position involved. 

§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed. 

Approved March 7, 1939.

REPEAL

CHAPTER 199

H. B. No. 98—(Ritter and Schauss)

REPEAL OF STANDING APPROPRIATION CIVIL WAR VETERANS

An act to repeal Chapter 28 of the 1925 Session Laws, being Section 1796a5 of the 1925 Supplement, making an appropriation for Civil War veterans; and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Repeal.] Chapter 28 of the 1925 Session Laws of the State of North Dakota, being Chapter 1796a5 of the 1935 Supplement, be and the same is hereby repealed.

§ 2. Emergency.] This act is hereby declared to be an emergency measure, and shall be in full force and effect immediately after its passage and approval.

Approved March 1, 1939.

See page 340: Laws passed at session of the legislative assembly of the state of north dakota (ndlegis.gov)

VETERANS 

CHAPTER 247

S. B. No. 181— (Senator Trout)

COMMITMENT OF VETERANS

An act to amend and re-enact Section 15, Chapter 309, Laws of North Dakota, 1931, providing for commitment of veterans. Repealing all acts and parts of acts in conflict herewith and declaring an emergency. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Amendment.] Section 15, Chapter 309, Laws of North Dakota, 1931, is hereby amended and re-enacted to read as follows: 

§ 15. Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States Veterans Administration Hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the chairman of the Commissioners of Insanity is hereby authorized to communicate with the official in charge of such hospital with reference to available facilities and eligibility, and upon receipt of a certificate from the official in charge of such hospital the commissioners may then direct such veteran's commitment to such United States Veterans Administration Hospital. In any case where such procedure is not feasible and as an alternative to such procedure, the Commissioners of Insanity may direct such veteran's commitment to the State Hospital for the Insane in this State until facilities are available at such United States Veterans Administration Hospital. Thereafter such veteran upon admission to such United States Veterans Administration Hospital shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of State hospitals for mental diseases within this State with reference to the retention of custody of the veteran so committed, and upon admission of such veteran to such United States Veterans Administration Hospital by transfer from the State Hospital for the Insane, under such commitment, the superintendent of the State Hospital for the Insane shall be relieved of all further and future responsibility therein. Notice of such pending proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied. 

§ 2. Repeal.] All acts or parts of acts in conflict herewith are hereby repealed. 

§ 3. Emergency.] This act is hereby declared an emergency measure and shall be in full force and effect from and after its passage and approval. 

Approved March 13, 1939.

CHAPTER 250

S. B. No. 184— (Blaisdell)

AUTHORIZING ADJUTANT GENERAL TO PREPARE AND PRESERVE RECORD OF DECEASED SOLDIERS, SAILORS AND MARINES.

An act authorizing the Adjutant General to expend the sum of $8,000.00 from the balance remaining in the "Returned Soldiers Fund" for the purpose of registering and compiling records of the graves of de ceased soldiers, sailors, or marines buried in this State and for caring for and preserving of soldier records and declaring an emergency. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. It shall be the duty of the Adjutant General of the State of North Dakota, and he is hereby authorized, to expend such sum as may be necessary, not to exceed the sum of $8,000.00 out of the WORKMEN'S COMPENSATION CHAPTER 251 425 balance remaining in the "Returned Soldiers Fund," created and existing under the provisions of Section 3187 Ci of the 1925 Supplement to the Compiled Laws of 1913, for the purpose of carrying out the provisions of Chapter 253 of the Laws of 1937 with reference to the recording of burial places of deceased war veterans, and for the purpose of providing proper storage and fireproof receptacles, and for the preservation and safekeeping of soldier records, of the citizens of the State of North Dakota who have served the United States as soldiers, sailors, or marines, in time of war. 

§ 2. Emergency.] This act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval. 

Approved March 14, 1939.

VETERANS

CHAPTER 253

H. B. No. 219— (Caddell and Magill)

RECORD OF BURIAL DECEASED WAR VETERANS

An Act requiring the Adjutant General to secure information and keep records of and concerning the burial places of deceased war veterans who died in or are buried in the State of North Dakota and to provide methods and means of performing this duty. 

Be It Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Veteran's Burial Places Compiled.] 

Sub-division 1. The Adjutant General of this State shall com pile and keep a record of the burial places within this State of soldiers, sailors or marines who served in the military or naval forces of the United States in time of war. Such record, so far as practicable, shall indicate the name of each of such persons ; the service in which he was engaged ; the number of the regiment or company, if a soldier, and of the command, if a sailor or marine; the rank and period of service; the name and location of the cemetery or other place in which his body is interred ; the location of the grave in such cemetery or other place ; the character of headstone or marker if any, at such grave. 

Sub-division 2. The Adjutant General shall cause blank forms to be prepared whereby the information required shall be transmitted to him. Every person or corporation, including a municipal corporation, owning or controlling any cemetery or burial place within this State in which are (in-) interred the bodies of persons who served in the military or naval forces of the United States in time of war, shall file with the Adjutant General a certificate on the forms provided by him, of the facts required for such record, so far as the same are within the knowledge of such person or corporation or its agents. The Adjutant General shall cause blank certificates to be distributed to such persons, officers, and corporations as he deems advisable, with a request that such information be transmitted to him, but the failure to receive such blank and request shall not relieve any person, officer, or corporation from his obligation to comply with this Section, within ninety days after it takes effect. 

Sub-division 3. It shall be the duty of the Adjutant General to make a careful investigation, inquiry, and examination for the purpose of collecting and checking the records required to be compiled and kept by this statute. 

§ 2. Officers to Furnish Lists of Sites of Unmarked Graves.] It shall be the duty of the Mayor of each city, and incorporated town, the Commissioners or Supervisors of each village and township and the County Judge of each County in this State on request of the Adjutant General to furnish data to the Adjutant General relative to unmarked graves of all soldiers, sailors and marines by giving a list of the sites of such unmarked graves in their respective cities or Counties. 

§ 3. Identification of Veteran's Graves.] The undertaker or other person in charge of the burial of any, shall ascertain, and set forth in the certificate required of him, whether such deceased person was a veteran of any war in which the United States of America was engaged, and if so what war. 

Approved March 6, 1937.

CHAPTER 254

H. B. No. 297— (Committee on Delayed Bills)

VETERANS' SERVICE COMMISSIONER

An Act to amend and re-enact Section 2 of Chapter 281 of the Session Laws of 1927; repealing Chapter 74 of the Session Laws of 1929 and providing an appropriation for the paying of salary, clerk hire, travel and general expenses of the office of Veterans' Service Com missioner.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.] Section 2 of Chapter 281 of the Session Laws of 1927 is hereby amended and re-enacted to read as follows:

§ 2. Qualifications and Appointment.] Such Commissioner shall be appointed for a period of two years by the Governor of the State of North Dakota and such appointment shall be given to one of three persons selected by a committee composed of the Department Commander of the United Spanish War Veterans, Department of North Dakota, the Department Commander of the Veterans of Foreign Wars of the United States, Department of North Dakota, the Department Commander of the American Legion, Department of North Dakota, the Department Commander of Dis abled American Veterans of the World War, Department of North Dakota, and the Adjutant General of the State of North Dakota, or a majority thereof. Any person to be eligible for appointment as such Commissioner shall be an actual and bona fide resident of North Dakota and shall possess an honorable discharge either from the Navy, Army or Marine Corps of the United States Government. 

§ 2. Repeal.] Chapter 74 of the Session Laws of 1929 and all Acts and parts of Acts in conflict herewith are hereby repealed. 

§ 3. Appropr1at1on.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $10,085.00, or so much thereof as may be necessary, to pay salary, clerk hire, travel and general expenses of the office of Veterans' Service Commissioner as prescribed by Chapter 281, Session Laws of North Dakota for 1927, and acts amendatory thereof: 

Salary                                                 $ 4,800.00 

Clerk hire: 

Secretary                                 $2,160.00 

Extra Clerk                               $600.00 

Postage                                               $60000 

Office Supplies                                   $300 00 

Furniture and Fixtures                        $150.00 

Printing                                                $75.00 

Miscellaneous                                     $300.00 

Travel Expense                                   $800.00 

Rent                                                     $30000 

TOTAL                                               $10,085.00 

Approved March 5, 1937.

CHAPTER 17

S. B. No. 10— (Committee on Appropriations)

CIVIL WAR VETERANS— ERECTING HEADSTONES

An Act making an appropriation to pay expenses of erecting headstones over the graves of Soldiers, Sailors, and Marines of the United States War of the Rebellion.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $50.00, for the biennium beginning July 1st, 1935, and ending June 30th, 1937, or so much thereof as may be necessary, to pay for the expenses of erecting headstones over the graves of Soldiers, Sailors, and Marines of the United States War of the Rebellion, as authorized under Sections 3181, 3182, 3183 and 3184 of the Compiled Laws of North Dakota for 1913. 

Approved February 19, 1935.

See page 47: 

CHAPTER 26

(H. B. No. 49—Committee on Appropriations)

BURIAL SOLDIERS, SAILORS AND MARINES, WAR OF REBELLION

An Act Making an Appropriation to Pay for the Burial Expense of Honorably Discharged Sailors, Soldiers and Marines of the United States War of the Rebellion and Erection of Head Stones Therefore, as Authorized by Sections 3181, 3182, 3183, and 3184 of the Compiled Laws of 1913.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.] There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of $300.00, for the biennium, or so much thereof as may be necessary to pay for the burial of honorably discharged sailors, soldiers and marines of the United States War of Rebellion, and the erection of headstones therefor, as authorized under Sections 3181, 3182, 3183 and 3184 of the Compiled Laws of North Dakota for 1913.

Approved February 21, 1927

Found on page 50 of Full legislative laws

VETERANS

CHAPTER 281

(S. B. No. 109—Baird, Hamilton and Schlosser)

VETERANS' SERVICE COMMISSIONER

An Act Creating the Office of Veterans' Service Commissioner; Providing the Qualifications, the Manner of Appointment, Duties, Salary, Tenure of Office of Such Officer, Providing an Appropriation There for, and Declaring An Emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. There is hereby created the office of Veterans' Service Commissioner.

§ 2. Qualifications and Appointment.] Such commissioner shall be appointed by the Governor of the State of North Dakota from a list of names of five men furnished by the State Executive Committee of. the American Legion. Any person to be eligible for appointment as such commissioner shall be an actual and bona fide resident of North Dakota, a regularly licensed attorney, or someone experienced in the prosecution of claims against the Veteran's Bureau and shall possess an honorable discharge either from the Navy, Army, or Marine Corps of the United States Government. 

§ 3. Duties.] It shall be the duty of the Veterans' Service Commissioner to investigate pending claims and to make a survey of the state to ascertain the number of veterans entitled to compensation who have not filed claims and to assist them in filing such claims if they are eligible for compensation; and to represent any honorably discharged veteran who has served at any time as a commissioned officer, or in the enlisted personnel of the United States Army, Navy, Marine Corps, Army Nurse Corps or Naval Nurse Corps, or the widow, administrator, executor, guardian or heir, of any such veteran, in securing a fair and equitable adjustment of any claim of any such veteran, or such other person, made to the United States Veterans' Bureau, United States Pension Bureau, or the proper department of the United States, for adjusted compensation, insurance, pension, compensation for disability, hospitalization, vocational training, or other benefit which such veteran may be or may have been entitled to receive under the laws of the United States.

§ 4. Said commissioner shall have a seal of office and be authorized to administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance or other aid or benefits; and he shall likewise be authorized and empowered to certify to the correctness of any document or documents which may be submitted in connection with any such application.

§ 5. Compensation and Expenses.] The salary of such Veterans' Service Commissioner shall be Twenty-five Hundred Dollars ($2,500.00) per annum, payable monthly on proper voucher submitted therefor to the State Auditor. He shall likewise be allowed the sum of One Thousand Twenty Dollars ($1,020.00) per annum for clerk hire, Two Hundred Thirty Dollars ($230.00) per annum for office supplies and expenses, and the sum of Eighteen Hundred Dollars ($1,800.00) per annum for expenses for travel and investigation of claims, the same to be paid monthly on war rants of the State Auditor, after proper vouchers have been filed and approved as provided by law.

§ 6. Office.] Office of said commissioner shall be located in the same city as the office of the United States Veterans' Bureau for this district ; and in the event that such Veterans' Bureau be removed from the State of North Dakota, then said commissioner's office shall be in the State Capitol at Bismarck.

§ 7. Appropriation.] For the purpose of carrying out and making effective the provisions of this act, there is hereby appropriated out of the general funds in the treasury of the State of North Dakota, not otherwise appropriated, the sum of Eleven Thousand One Hundred Dollars ($11,100.00), or so much thereof as may be necessary.

§ 8. Duration of Office.] The office of Veterans' Service Commissioner shall exist for a period of two years from the date of the passage and approval of this act. Provided, however, if any of the money appropriated hereby has not been used, the office may be continued to July 1, 1929, when the emergency for which the same was created will have expired.

§ 9. Emergency.] Whereas, the period of limitation as set by the Federal law provides that all claims for compensation, hospitalization and insurance must be proven before July 1, 1929, or be forever barred; and Whereas there are now within the State of North Dakota approximately four thousand ex-service men who have just claims for compensation, hospitalization, insurance, or other benefits which are not properly or efficiently being prosecuted owing to the fact that they are not familiar with the necessary steps and procedure, and owing to the further fact that under the laws of the United States, the Veterans' Bureau, through which such claims are presented, is estopped to assist such disabled service men in the prosecution of such claims ; and Whereas the preservation of the public peace, health and safety makes it necessary that the provisions of this act shall become operative immediately, an emergency is hereby declared to exist, and this act shall take effect and be in full force and effect from and after its passage and approval.

Approved March 7, 1927.

WORLD WAR

CHAPTER 287

(S. B. No. 116— Baird)

RECORD OF NORTH DAKOTA CITIZENS SERVING AND ACTIVE IN WORLD WAR

An Act to Provide for the Compilation, Publication and Distribution of the Record of the Citizens of North Dakota Who Rendered Military Service on Behalf of the State and Assisted in the Administration of the Selective Service Act During the World War.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. The Adjutant General of the State of North Dakota is hereby authorized and directed to compile, publish and distribute, in accordance with such rules and regulations as he may adopt, a record of the citizens of the State of North Dakota who rendered Military Service on behalf of the State and assisted in the administration of the Selective Service Act during the World War.

§ 2. The Industrial Commission of the State of North Dakota shall defray all expenses incident to carrying out the pro visions of this act out of any moneys in its hands which have accumulated through the administration of the provisions of Chapter 244 of the Laws of 1923, provided, however, that all expenditures hereunder by the Industrial Commission shall be limited to such accumulations.

§ 3. The Adjutant General and Industrial Commission shall have full power and authority to do and perform any and all acts and things which may to them seem necessary and proper for the purposes of carrying out the terms and conditions and spirit of this act.

Approved, March 3, 1927.

SOLDIER'S BONUS

CHAPTER 254

(S. B. No. 169— Baird)

LIMITATION FOR FILING SOLDIERS BONUS CLAIMS

An Act Limiting the Time in Which to File Claims Against the Returned Soldiers Fund Under the Provisions of Chapter 206, Laws of 1919, and Laws Amendatory Thereto.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. No claim under the provisions of Chapter 206, Session Laws 1919, and all acts amendatory thereto, shall be received by the Adjutant General of North Dakota on and after July 1, 1927; provided, that the prohibition mentioned in this act shall not be construed to prevent the completion of any and all claims now in the office of the Adjutant General of North Dakota, but all such, claims shall be deemed to have been filed prior to July 1, 1927.

Approved, March 3, 1927