45-32
Bounties
Cite as N.D. Op. Att'y Gen. 45-32
OPINION
45-32
February 24, 1945 (OPINION)
BOUNTIES
RE: Payable When
I acknowledge your letter of February 19, concerning House Bill 40,
recently enacted as an emergency measure.
The Secretary of State informs me that this measure was approved on
February 8, 1945. Accordingly, the law is now in effect. This law
amends and reenacts section 20-1301 of the North Dakota Revised Code
of 1943, and therefore supersedes the same. Section 20-1301 provided
for the payment of bounty between the first day of April and the
first day of October of each year. It also provides that no bounty
should be paid on wolves, coyotes, or foxes killed between the first
day of October and the first day of April of the following year.
These two provisions of the former law are omitted from House Bill
40.
If House Bill 40 is to be interpreted on the basis of its language,
we must infer that a bounty may be paid for each mature wolf, coyote,
or bobcat during the entire year and for each wolf, coyote or bobcat
pup killed prior to September first in the year it was whelped. For
instance, if a wolf, coyote, or bobcat kitten was whelped in the
spring of 1945, the bounty would be payable on such wolf, coyote or
bobcat kitten up to September first of 1945. The same would be true
of each fox pup.
The payment of bounties, as provided in house bill 40 hereafter must
be on the basis of that law. It is the last enactment upon the
subject and, having superseded section 20-1301 of the 1943 Revised
Code, that no longer is applicable. From the date of February 8,
1945, all bounties covered by house bill 40 should be paid in
accordance with its terms.
NELS G. JOHNSON
Attorney General