1933 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-33 Feb 16 ESCHEAT FUND. Duty of State Auditor to make payment to representative of an estate. Sections 623 and 624 R. S. Mo. 1929.
1-33 Mar 23 CIRCUIT CLERK’S SALARY. Section 11786 R. S. Mo. 1929.
1-33 Apr 27 BUILDING AND LOAN. A – Power of Directors to amend by-laws.
B – Power of Directors to amend by-laws when present by-laws specifically give Board such power.
1-33 Apr 29 BUILDING AND LOAN ASSOCIATIONS. No power to give notes to retire stock.
1-33 May 27 INFORMATION. Section 5429, subdivision 1, Section 4119−Approved.
1-33 Aug 18 SCHOOL AND SCHOOL DISTRICTS. Tuition and school warrants.
1-33 Aug 25 Hon. Orin J. Adams WITHDRAWN
1-33 Oct 24 PROSECUTING ATTORNEY. Allowance of expenses in the county; allowance of expenses in change of venue cases in the county.
1-33 Oct 27 TAXATION. The County Board of Equalization has authority to assess property omitted from assessor’s books for current year only; and any attempted assessment for previous years is void.
1-33 Dec 22 PUBLIC AUCTIONEERS. Non-resident may not obtain license.
2-33 Jan 27 COUNTY WARRANTS. Received by Circuit Clerk and Ex-officio Recorder for his salary, though unpaid and protested, cannot be offset by him against Recorder’s fees collected by him and to be paid monthly to county treasurer.
2-33 Apr 15 LIQUOR. Corporation permittee for sale for consumption on premises having an affiliate corporation used as adjunct to first named corporation and controlled by same interests as control first named corporation, cannot under wholesaler’s permit sell to the affiliate corporation 3.2 per cent beer in original package for resale by latter corporation under permit as merchant to sell in original package.
2-33 June 15 Hon. W. B. Allison WITHDRAWN
2-33 June 19 COUNTY COLLECTOR. Consolidation of offices of county collector and county treasurer in certain counties – Senate Bill No. 76.
2-33 June 23 STATE PURCHASING AGENT LAW. Appellate courts do not come within the provisions of the state Purchasing Law.
2-33 Aug 29 TAXATION. No authority in Senate Bill 80 for refund of penalties, interest or costs paid prior to April 13, 1933.
2-33 Oct 31 BANKS & BANKING. Taxes payable by liquidator of failed bank for taxes assessed before failure.
3-33 Jan 19 JUDGES. Salaries begin on qualifying by taking oath of office for all judges. Retiring Circuit Judges have one day in January this year. Number of days in calendar month makes division to calculate divisions of monthly salary.
3-33 Jan 25 COUNTY HIGHWAY ENGINEER. Authority under Sec. 8011 Revised Statutes of Missouri, 1929 to appoint assistants – definition of assistant.
3-33 Jan 26 COUNTY FUNDS.
COUNTY TREASURER.
Minimum rate of interest. Cannot be invested in bonds.
Term of Office—Old Treasurer holds over until new treasurer has qualified—amount of bond.
3-33 Jan 28 SALARIES.
JUDGES.
Dividing January warrants as to terms, Court of Appeals’ judges begin 1st Monday like circuit judges. (Opinion modifying January 19th opinion).
3-33 Feb 2 COUNTY COURT.
PENALTIES.
County Court has no authority to waive penalties on delinquent taxes or change time when such penalties go into effect.
3-33 Feb 3 TAX ATTORNEY.
COLLECTOR.
Allowance of fees allowed under Sec. 12944.
Employment of tax attorney; fees allowed.
3-33 Feb 27 TREASURER. Transfer of funds by treasurer from state interest fund to general revenue fund.
3-33 Feb 28 CIRCUIT CLERK’S CHANGE OF VENUE FEES. Sections 11786 and 11815 R. S. Mo. 1929.
3-33 Feb 28 CRIMINAL COST.
MEDICAL ATTENTION.
Sections 8534, 8554, 3825 and 3840, R. S. Mo. 1929.
3-33 Mar 1 SCRIPT.
CURRENCY.
Violation of Section 4097 R. S. Mo. 1929 by circulating script designed as use for currency.
3-33 Mar 3 SCHOOLS. State funds transferred by deficiency bill, State Auditor not required to set apart any part to the school fund.
3-33 Mar 22 INCOME TAX. Incomes received from royalties on patents and copyrights.
3-33 Apr 11 TAXATION. Salaries, interests, costs and charges relating to collection of delinquent taxes—Effect of Senate Bill No. 80 with relationship thereto.
3-33 Apr 17 INCOME TAX. Taxpayer voluntarily filing joint individual income tax return for the whole year 1931 for himself and wife and paying the tax thereon in absence of a statute or regulation of State Auditor’s office allowing him so to do, has not the right in 1933 to file an amended return for the year 1931 of himself and wife covering income from January 1, 1931 to September 13, 1931, and from September 14, 1931 to December 31, 1931, and by the amended return become entitled to a credit of $68.80 on future income taxes.
3-33 Apr 27 APPROPRIATIONS. General appropriation bills need no emergency clause to become operative immediately when signed by the Governor. Section 659, R.S. Mo. 1929.
3-33 May 8 STATE AUDITOR.
COUNTY COLLECTOR.
Method to be followed by State Auditor to determine the rate of percentage of commission on taxes collected to be allowed County Collectors in Annual Settlement with Auditor.
3-33 May 22 APPROPRIATIONS.
BLIND COMMISSION.
House Bill No. 659, 57th General Assembly, affecting the Commission for the Blind discussed.
3-33 May 22 COLLECTORS FEES. Formula for paying into the city, county and state treasuries excess fees collected.
3-33 May 26 BLIND PENSIONS. Is claimant entitled to payment of blind pension as of date of court decision, or as of date of his application to Probate Judge or Blind Pension Commission? Is State Auditor authorized to pay claimant out of the 1933-34 appropriation for that part of pension due during 1932-33?
3-33 May 27 RAILROAD TAXES. Remission of penalties, etc. applies to railroad taxes.
3-33 June 15 CONVICTS TO PENITENTIARY. Interpretation of section 11791 R. S. Mo. 1929.
3-33 June 17 SEARCHES AND SEIZURES.
STATE AUDITOR.
Section 10132 R. S. 1929, does not give right to the State Auditor to inspect books of corporations or companies in which one may be a stockholder for purpose of ascertaining what has been paid in dividends.
3-33 June 23 CIRCUIT CLERKS. Fees in criminal cases for making transcript.
3-33 June 26 JUSTICE OF PEACE.
FEES.
CRIMINAL COSTS.
Justice of the peace is entitled to fee of fifty cents for entering his decision on record in a preliminary hearing.
3-33 June 30 ELECTION. Amount of $500.00 counsel for services of Attorney in primary contest for nomination for Missouri House of Representatives on Resolution of House directing its Committee on Accounts to pay said sum held no authority thereof.
3-33 July 1 COUNTY HIGHWAY COMMISSION. Power and duties under Article 2, Chapter 42, R. S. Mo. 1929.
3-33 July 5 SHERIFF FEES. Fees of sheriff in transporting convicts to Penitentiary.
3-33 July 7 TAXATION.
CONSTITUTION.
Section 13870 violates Sections 6 and 7 of Article X of the Constitution of Missouri and is void.
3-33 July 27 CRIMINAL PROCEDURE. Continuances of indictments and information.
3-33 July 27 STATE AUDITOR.
COUNTY COURTS.
State Auditor may use some discretion in period covered by audit and examination of county records under Section 11478.
3-33 July 27 COUNTY CLERKS.
STATE AUDITOR.
TAXATION.
Senate Bill Number 50, Laws 1933, page 421, applicable to counties having township organization.
3-33 Aug 7 FOURTH CLASS CITY. City of the fourth class cannot provide by ordinance for appointment of city police judge.
3-33 Aug 11 STATE FAIR. APPROPRIATIONS. Premiums paid in prizes for horse-racing at State Fair paid out of appropriations under heading, “Premium for livestock shows”.
3-33 Aug 15 TAXATION AND REVENUE. Constitutionality of Section 10070.
3-33 Aug 15 STATE FAIR. Entertainment may be paid for under Sec. 1, sub-section C-D, Laws of Mo. 1933, p. 63. (HB 649).
3-33 Aug 15 STATE OFFICERS. State Officer cannot receive salary from State Department and also from State Fair Board.
3-33 Aug 23 CRIMINAL COSTS. Liability of county or state for costs.
3-33 Aug 30 COUNTY CLERKS. Entitled to count printed words in calculating fees due under Section 10007 R. S. Mo. 1929.
3-33 Aug 31 ANTI-TRUST. Open Steel Flooring Industry codes relative to Missouri anti-trust statutes.
3-33 Sept 6 STATE BARBERS BOARD. Salary of retiring Board ends July 7, 1933.
3-33 Sept 11 BUS & TRUCK LAW. Constitutionality of paragraph (e) of Sec. 5270, Laws of Mo., p. 304.
3-33 Sept 11 MISSOURI COMMISSION OF THE BLIND. No authority to pay Board of Health from funds appropriated to Commission for specific purposes.
3-33 Sept 11 INCOME TAX. Income tax by foreign state may be deducted.
3-33 Sept 12 COUNTY BUDGET LAW. When effective.
3-33 Sept 14 STATE PURCHASING AGENT ACT. Effective July 24, 1933 and the exclusive authority for purchase of supplies therein contemplated.
3-33 Sept 19 SENATE BILL. Section 9963e unconstitutional as delegating legislative power to county courts.
3-33 Sept 21 TAXATION. Correction of Assessment Error.
3-33 Sept 23 CHANGE OF VENUE. In criminal cases before a Justice of the Peace.
3-33 Sept 26 NEPOTISM. Official appointing step-father of his wife does not violate Section 13, Article 14 of the Constitution because they are not related either by consanguinity or affinity.
3-33 Sept 27 EMPLOYEES.
BUDGET LAW.
The power to administer budget law and hire employees and fix salaries vests in the Governor.
3-33 Oct 2 APPROPRIATIONS.
MISSOURI COMMISSION FOR THE BLIND.
Section A1, page 138, Missouri Laws 1933, discussed.
3-33 Oct 5 STATE AUDITOR. Proper to issue warrant for stationery purchased prior to June 12, 1933.
3-33 Oct 21 CONSTITUTIONAL LAW. Effect of overruling prior decision dealing with statutory construction on intermediate transactions.
3-33 Oct 30 COUNTY HIGHWAY ENGINEER. Custodian of road tools, machinery, etc. Supervisor of construction and maintenance of highways. Authority to appoint “assistants”. County Court to hire workmen. County courts cannot issue road warrants without approval of highway engineer.
3-33 Nov 15 WARRANTS FOR PAYMENT OF MONEY. County court has power to order warrants already issued not to be paid, even though such order be made at a subsequent term of court to the one at which the warrant was issued.
3-33 Nov 27 JUSTICES OF THE PEACE. Appointment of additional justices in townships having between 75,000 and 150,000 inhabitants.
3-33 Dec 20 Athletic Commission of the State of Missouri. WITHDRAWN
3-33 Dec 27 STATE AUDITOR. No restriction on loose leaf system of bookkeeping in Auditor’s Department.
3-33 Dec 28 STATE AUDITOR.
GENERAL ASSEMBLY.
LEGISLATURE.
SALARIES.
Members of the 57th General Assembly convened in extra session only entitled to $5.00 per day for the first 70 days of the session and $1.00 per day thereafter and during the remainder of the session.
3-33 Dec 29 ASSESSOR’S FEES. Assessors are entitled to regular fees for additional assessments of income taxes when made under Sec. 10128, R.S. Mo. 1929.
4-33 Jan 8 LEGISLATURE. One house of Legislature, originating bill, can only adopt or reject amendments of other branch. Secs. 26, 29, 30, 32, Art. IV, Constitution.
4-33 June 1 SCHOOL DISTRICT. School district must enumerate orphans and defective children in the district same as others to obtain state funds.
4-33 Oct 20 Senator D. L. Bales WITHDRAWN
5-33 Jan 19 COLLECTOR’S BOND. Section 9885, R.S. Mo. 1929.
5-33 Feb 20 SCHOOLS. Sections 16 and 17 Laws 1931, pp. 343 and 344. Power of High and other schools to charge for children coming from other districts.
5-33 Mar 16 SCHOOLS. Supplemental Opinion. Sections 16 and 18 Laws 1931, pp. 343 and 344. Power of High and other schools to charge for children coming from other districts.
5-33 June 16 MUNICIPAL CORPORATIONS. Cities of the 4th class not authorized to invest city funds in bonds of school districts.
5-33 June 19 COUNTY COURTS.
SCHOOL MORTGAGES.
BACK TAXES.
County Court may not arbitrarily reduce the principal without payment. County Court may compromise taxes under Section 9950, R. S. Mo. 1929.
5-33 Sept 5 ELECTIONS. Members of United States Conservation Corps cannot vote in city election.
5-33 Sept 13 ASSESSORS. Entitled to regular fees for additional assessments on Income Tax Returns.
5-33 Oct 13 COUNTY COLLECTORS. When Sec. 9885, Laws of Mo. 1933 become effective as to bond.
5-33 Oct 21 OFFICERS. Under Section 6853, individual cannot be member of board of public works of city and at the same time hold any other public office, whether membership on board occurred prior or after the appointment to other office. (Sec. 7853 R.S. Mo 1929).
5-33 Nov 2 NEWSPAPERS. Must be published in county in order to qualify for publication advertisements and orders of publication under Sec. 13775, R.S. Mo. 1929; not necessary that mechanical printing be done in county.
6-33 Apr 10 BEER.
LIQUOR.
Sell non-intoxicating beer to patrons of barbeque stand in parking lot.
6-33 Apr 10 BEER PERMIT.
LIQUOR.
Authorization of applicants having paid fee and not receiving permits on account of printer’s delay to sell pending issuance of permit.
7-33 June 24 TAXATION. Procedure to collect delinquent taxes in suit but not in judgment prior to effective date of Senate Bill 94.
7-33 Aug 23 PUBLIC SERVICE COMMISSION. Exemption of certificate of convenience and necessity for trucks operated on the highway.
7-33 Aug 25 TAXATION AND REVENUE. Interpretation of Sec. 1, Laws of Mo. 1933, p. 423.
7-33 Sept 12 ALIENS. Method of Prosecution.
8-33 Mar 18 BLIND PENSION. Bona fide resident and who may have lost his or her sight while such – discussed.
8-33 Sept 12 AGRICULTURAL ADJUSTMENT ACT. Processing tax on cotton goods used by Mo. Commission for the Blind.
9-33 Jan 13 JUSTICE OF THE PEACE. Must be elected at a general election of county officers held each four years from 1882. Sec. 2136, 2138, 2140, 2144, R.S. Mo. 1929.
9-33 Sept 27 MUNICIPAL CORPORATIONS. Officer directly or indirectly interested in a contract with the city, or in work done by the city, makes himself criminally liable and subject to forfeiture of office.
9-33 Oct 27 COUNTY COLLECTORS BOND. Where an additional or new bond is required of the present County Collector the amount thereof is to be calculated as prescribed by Laws 1933 page 464, Section 1, which law repeals and reenacts the old Section 9885 R. S. Mo. 1929 which was heretofore applicable.
10-33 Jan 28 Mr. Herbert M. Braden WITHDRAWN
10-33 Mar 31 Hon. Herbert M. Braden WITHDRAWN
10-33 Apr 7 COUNTY TREASURER. Under Township Organization two bonds required.
10-33 Apr 10 COUNTY SURVEYOR.
COUNTY HIGHWAY ENGINEER.
Sections 8009, 8019 and 8030, R. S. Mo. 1929, - Duties and salary when office of Highway Engineer abolished.
10-33 Apr 14 TOWNSHIP.
TREASURER.
Right of Treasurer in county having township organization to commission for handling income tax.
10-33 Apr 29 TRADEMARKS. When similar trade mark can be registered.
10-33 May 17 MOTOR VEHICLES. Registered operators discussed.
10-33 May 19 SCHOOLS. Town, city or consolidated district can dissolve if two-thirds of the resident voters and taxpayers present and voting shall so vote.
10-33 June 3 TAXATION. Delinquent taxes-interest and collector’s commission as provided for in Senate Bill 94.
10-33 June 3 TAXATION. Collection of delinquent railroad tax; suit to enforce payment not barred by Senate Bill 80.
10-33 June 21 PROSECUTING ATTORNEY. Duty to enforce anti-nepotism section of the Constitution.
10-33 June 22 ST. LOUIS COUNTY. Salaries of County Judges, clerks and prosecuting attorneys—how determined.
10-33 June 23 BOARD OF HEALTH. Duty of Secretary under Section 9118. Complaint by Secretary not exclusive.
10-33 Aug 4 OSTEOPATHS. Right to practice osteopathy within the terms of the Workmen’s Compensation law.
10-33 Sept 11 TAXATION AND REVENUE. Highway Bonds issued by the State are not exempt from taxation in the hands of individuals.
10-33 Sept 14 FAIR APPROPRIATIONS. Accounts of State Fair filed with Auditor and payment by state warrants on funds drawn therefrom.
10-33 Sept 16 TRESPASSING. Hunting and fishing on Lake of the Ozarks.
10-33 Sept 26 FEES.
TOWNSHIP CLERK.
Township Clerks Fees – Township clerk is entitled to the fees set out in Section 12310 R. S. Mo. 1929 as amended Laws 1931, page 377 in addition to the $2.50 per day salary for services performed.
10-33 Sept 30 CITIES, TOWNS AND VILLAGES. Under statute, cities, towns and villages are expressly prohibited from exacting license, taxes or fees from any farmer for the sale of produce raised by him when sold from his wagon.
10-33 Oct 5 COMMISSIONER OF AGRICULTURE. Legislature did not appropriate funds out of which premiums for various kinds of automobile protection and protection on property can be paid.
10-33 Nov 1 DEPARTMENT OF AGRICULTURE. Employees entitled to what salary?
10-33 Nov 2 TAXATION AND REVENUE. Liability of improvements on real estate omitted from assessment in previous year or years to assessment and taxation.
10-33 Nov 9 SCHOOL DISTRICTS.
TORTS.
School District not liable for negligence in operation of bus hired by it to transport athletic teams; school superintendent, as agent for school board, would not be liable.
10-33 Nov 13 CORONERS. The county in which the body is found is liable for the cost of the inquest, and not the county where the felony is committed.
10-33 Dec 5 MARSHALL OF SUPREME COURT. Not duty of Marshall, when criminal case is dismissed to carry out judgment; it is the duty of the local sheriff to convey the prisoner to the penitentiary or carry out the judgment of the court.
10-33 Dec 5 ICE CREAM MANUFACTURER.
Wholesale and retail manufacturers of ice cream required to have permit to manufacture for sale at retail.
11-33 Apr 10 PUBLIC SERVICE COMMISSION. Authority over taxicabs. Sec. 5264 and 5265. Laws of 1931, p. 304.
11-33 May 13 INCORPORATION. Incorporation of loan and investment companies can include only one purpose.
11-33 May 20 PENAL-PRISONS. Revocation of commutation of penitentiary sentence restores original sentence to penitentiary.
11-33 June 2 TRADEMARKS. Right of St. Louis Dairy Company to register trade name on milk and ice cream receptacles under Sections 12449 to 12555 R. S. of Mo. 1929.
11-33 June 2 CONVICTS. Non-resident insane convicts’ upkeep paid out of appropriation.
11-33 June 12 PRINTING. “Printing” must include embossing, engraving and lithographing and must be done under “printing” contract.
11-33 June 13 PRINTING. Printed matter to be bound only on order of Secretary of State under Section 13797 R. S. of Mo. 1929.
11-33 June 14 SECRETARY OF STATE. State Printing session acts in forms passed by legislature incorrect grammatical errors, misspelled words, etc.
11-33 June 21 TAXATION. Incorporation tax to be paid on basis of assets and not amount of capital stock, where assets greatly exceed capital stock.
11-33 June 27 CORPORATIONS.
EXTENSION OF FRANCHISE.
Meaning of “about to expire” and “not about to expire”. Extension of franchise of corporations can be made only on payment of fees.
11-33 July 12 CORPORATION. Charter of expired corporation cannot be extended; new corporation may be organized.
11-33 July 13 NOTARY PUBLIC. Bond of Notary Public may be terminated by suit as to future but not past liability.
11-33 July 14 PENAL INSTITUTIONS. Sentences when concurrent or cumulative.
11-33 Aug 3 COUNTY CLERKS. Guilty of misdemeanor in office for failure to file notary bonds with Secretary of State.
11-33 Aug 25 SECRETARY OF STATE. No duty to convene Prohibition Convention.
11-33 Aug 31 TRADEMARKS. Ferry-Hanly advertising companies eligibility as to registration of trade-mark of the words. “Just a step ahead on petticoat lane.”
11-33 Sept 16 MOTOR VEHICLES. Only State owned cars are permitted to bear the official license tag of the State.
11-33 Oct 5 APPROPRIATION. “Egg Dairy Products Inspection” paid out of general revenue fund and all licenses and fees derived by virtue of such inspection to go into general revenue.
11-33 Oct 11 SECRETARY OF STATE. Not duty of to call House of Representatives together in extra session.
11-33 Oct 23 BONUS. Only named beneficiaries can claim on death of soldier – soldier under guardianship may claim through guardian.
11-33 Nov 22 TRADE-MARK. Right to register trade-mark “9-0-5 or Nine-O-Five” applied to whiskies and other intoxicating liquor on ground former registration of said trade-mark was legally extinguished by either abandonment or by cessation of business on the part of owner thereof.
11-33 Dec 5 TRADE NAMES. Only one name can be registered in one application.
11-33 Dec 14 APPROPRIATIONS.
PRINTING.
Emergency relief administration entitled to paper and printing from Printing Commission and be paid out of appropriation under caption “incidental”.
11-33 Dec 27 SALARIES AND FEES. Foreclosure of School fund mortgage by sheriff, fees same as upon execution.
12-33 Jan 30 BUILDING AND LOAN ASSOCIATION. Definition of what are receipts under Section 5604 Revised Statutes Missouri 1929, amended 1931, page 155.
12-33 Feb 25 BUILDING AND LOAN ASSOCIATION. Right of Building and Loan Association to pledge assets, right to borrow money outside of the State of Missouri, right to join Federal Home Land Bank.
12-33 June 5 HOUSE BILL 639. Relating to registration of voters in towns of 10,000 to 30,000 inhabitants.
12-33 Sept 27 Hon. William H. Burr WITHDRAWN
12-33 Sept 30 ADMINISTRATION. Affidavit insufficient for distribution under laws of Missouri.
12-33 Oct 3 GAME AND FISH.
PURCHASING AGENT.
Purchasing Agent not necessary party in condemnation suit under Section 8220, R. S. 1929.
12-33 Dec 5 REFORESTRATION. Amendment to Sec. 11072, page 283, Session Acts Mo. 1933 relating to Reforestation.
12-33 Dec 6 SCHOOLS.
SCHOOL DISTRICTS.
Contractual relation between district and teacher discussed.
13-33 Apr 17 Corporation wholesale permittee whose stock is owned by retail grocery merchants cannot sell legally to merchant permittee for resale in original package or for consumption on premises and the corporation wholesale permittee is violating the law in so selling to the merchant retail grocers who own the wholesale corporation.
13-33 Sept 29 CITY ORDINANCES. Construction of the same in the manner of filling public offices.
14-33 Feb 1 PENALTIES. Legislature has a right to remit penalties accruing under Section 9914, Revised Statutes 1929, and similar sections.
14-33 July 28 HIGHWAY COMMISSION. Regulation of highway commission with reference to Section 7787 merely declares policy of commission and does not have the effect of a judicial decision.
14-33 Sept 23 CITIES OF THIRD CLASS. Upon failure of city to find or select a city depository, city Treasurer should be found who could give bond for the protection of city funds.
14-33 Oct 13 MORTGAGE. Mortgage recording tax law.
14-33 Oct 18 CONSTITUTIONAL LAW.
INTERSTATE COMMERCE.
Tax on beer to be sold or shipped in interstate commerce as violative of the commerce clause of the United States Constitution.
14-33 Oct 25 CONSTITUTION.
GENERAL ASSEMBLY.
STATE HIGHWAY.
AMENDMENT.
Section 44a, Article IV, Constitution of Missouri only prevents the General Assembly from raising fees and taxes provided for in such Section 44a.
14-33 Oct 30 PENAL INSTITUTIONS. Right of the secretary to use interest fund of prisoners to liquidate thefts within the prison.
14-33 Dec 27 MOTOR VEHICLES. Officials and employees of corporation owning motor car required to register as operator.
15-33 Mar 16 CHARITIES.
NEGLECTED CHILDREN.
Court procedure, Sections 14161, 14162 and 14166 R. S. Mo. 1929, Laws 1931, p. 167. Residence, Section 655 R.S. Mo. 1929.
15-33 Mar 23 COUNTY REVENUE. County courts may issue warrants when, and may transfer unused or surplus funds from one department to another when. (5% “moratorium” bank depository).
15-33 Sept 14 NATIONAL RECOVERY ADMINISTRATION. President’s temporary code does not require operators of Beauty Parlors to adopt any fixed schedule of prices.
15-33 Nov 7 HAIRDRESSERS AND COSMETOLOGISTS.
LICENSE FEES.
State Board of Health may not require holder of certificate of registration to pay a license fee for the privilege of operating a shop.
15-33 Dec 5 TAXATION. The fact that a foreign insurance company pays tax upon premiums does not excuse it from paying a property tax upon personal property located within the State.
16-33 June 9 CRIMINAL LAW.
LIQUOR.
Act does not make it a criminal offense for one holding distributor’s license to be interested in retail business.
19-33 Jan 24 ACKNOWLEDGMENT. Extending existence of Corporations. Act of 1931, Page 297.
19-33 Feb 14 CONSTABLES. Tenure of office. County court’s right to vacate office. Section 11750 R. S. Mo. 1929.
19-33 Mar 1 MOTOR VEHICLES. When one car is drawn by another the former not required to have license tags attached.
19-33 Apr 25 CRIMINALS COST.
CIRCUIT CLERK’S CHANGE OF VENUE FEES.
NEPOTISM.
Under Section 3832, R. S. Mo. 1929. State must pay the cost accruing on failure to convict on penitentiary charge. Sections 11786 and 11815 R. S. Mo. 1929. Right of Collector to employ brother-in law’s wife as a deputy.
19-33 May 11 MISSOURI COMMISSIONER OF LABOR. Power of the Missouri Commissioner of Labor to appoint a Federal Investigator.
19-33 May 12 MISSOURI COMMISSIONER OF LABOR. Power of the Missouri Commissioner of Labor to collect and adjust wages.
19-33 June 3 NEPOTISM. Wife of County Recorder helping husband with routine work is violation of Sec. 13, Art. 14 Missouri Constitution even though such relative is not paid.
19-33 June 5 LIQUOR. Licensing of beer on dining cars.
19-33 June 20 TAXATION AND REVENUE. Lands bid in by County Court on foreclosure of school fund mortgage are not subject to taxation while held by the County.
19-33 June 22 TAXATION. Personal property of World War Veteran not exempt from taxation.
19-33 July 10 LABOR AND INDUSTRIAL INSPECTION DEPARTMENT. Right to inspect office buildings; firms employing one or more persons in cities of less than 3,000; where only owners work; railroad and freight depots; gasoline filling stations; hotels; fraternity houses; collection of unpaid license fees.
19-33 July 19 TAXATION. Lien for tax extended to insurance for what year. Section 9963b.
19-33 Aug 1 BANKS & BANKING. Relative to Proclamation of Governor March 13, 1933. Withdrawal of funds from banks.
19-33 Aug 10 CRIMINAL COSTS. Board and medical attention furnished by whom, in change of venue cases.
19-33 Aug 25 Mr. Charles C. Crosswhite WITHDRAWN
19-33 Aug 26 LABOR DEPARTMENT. Board of Mediation and Arbitration has not been abolished, and the pertinent statutes appear in Article 3, Chapter 95, R. S. Mo. 1929.
19-33 Aug 26 LABOR DEPARTMENT. Commissioner has no present authority to draft and promulgate Boiler rules.
19-33 Oct 4 NEPOTISM. Wife is not related to husband’s sister’s husband by affinity so as to violate Section 13 of Article XIV of the Constitution of Missouri.
19-33 Oct 5 TAXES. Taxes levied and collected on property in special road districts.
19-33 Oct 6 FIRE ESCAPES. No conflict between Sections 13226 and 13757, R. S. Mo. 1929; the first dealing with mercantile establishments, and the second with public buildings.
19-33 Oct 6 LABOR DEPARTMENT. Bake shops employing three or less persons chargeable with fifty cents inspection fee, under Section 13219, R. S. Mo. 1929; Section 13294, not increasing the fee to one dollar.
19-33 Oct 7 LABOR DEPARTMENT. In arriving at fee for inspection, only persons employed within building may be counted, and not those employed by same employer in the yards.
19-33 Oct 13 EMERGENCY RELIEF. Not illegal for county to make Social Welfare Board of city its agent in distributing county and Federal funds for emergency relief.
19-33 Oct 13 LABOR DEPARTMENT. Under Section 13190 R. S. Mo. 1929, person operating theatrical agency can be required to pay license fee.
19-33 Oct 25 Mr. Joseph C. Crain WITHDRAWN
19-33 Oct 31 CHARITY AND RELIEF. The County Court of Buchanan County may enter into an agreement with the social welfare board of St. Joseph for the purpose of distributing county funds for relief work.
19-33 Oct 31 NEPOTISM. Director voting to elect sister violates Section 13 of Article XIV; teacher so elected cannot collect salary under her contract which is void; director becoming member of board after sister has been elected may continue to hold office.
19-33 Oct 31 PUBLIC SCHOOLS. School boards cannot use funds received under Sec. 13, Laws of Mo. 1931, p. 340 for incidental purposes.
19-33 Nov 10 SCHOOL DISTRICTS.
TUITION.
Laws of Missouri 1931, page 334, Sec. 18, does not permit student to select school which he shall attend; board of district may select school unless the county superintendent shall assign student under Section 18.
19-33 Nov 11 Mrs. Mary Edna Cruzen WITHDRAWN
19-33 Nov 13 LABOR. Enclosed letter not illegal in fixing fee in excess of $1.00, or in containing false and fraudulent information.
19-33 Nov 20 GUARDIANS-WARDS. Estate of World War Veterans are invested—how.
19-33 Dec 1 STATE. Cattle shipped or carried from stock yards, feed yards, or place of sale, auction or barter within state to another point within state not required to be inspected or tested under Laws 1933, page 174.
19-33 Dec 7 LABOR. Concern charging no fee from applicant or employee, but furnishing training course for compensation to persons seeking employment, is not within Section 13190, requiring a license.
19-33 Dec 11 STATE HIGHWAY COMMISSION. Tools not in use by Commission may be loaned by them on public project.
20-33 Jan 14 TAXI DRIVERS. Taxi-drivers required to obtain contract hauler’s permit to transport persons over irregular routes.
20-33 Feb 3 PUBLIC SERVICE COMMISSION. Commission does not have jurisdiction to discontinue train service where such action would burden interstate commerce.
20-33 Mar 21 Mr. William Daly WITHDRAWN
20-33 May 12 ROADS AND BRIDGES.
TAXATION.
Sections 10 and 22 of Art. 10 of the Constitution construed and applied.
20-33 June 13 COUNTY WARRANTS. Salary warrants held in possession of county clerk for purpose of distribution to payee not subject to garnishment.
20-33 June 14 STATE BOARD OF CHARITIES AND CORRECTIONS. Power to return minor child to parents.
20-33 Aug 3 BEER BILL. Brewers or their agents may sell or give away taps, vents or other vending equipment.
20-33 Sept 11 SALES TAX. When country clubs serve rooms, meals and drinks strictly to their members and not to the general public, such sales are not taxable if the club itself conducts the selling of the rooms, meals and drinks; if same are sold in the name of the club by private individuals for profit, such sales are taxable.
20-33 Sept 29 RAILROADS. Employee of railroad company who merely authorizes Company to deduct portion of his pay for insurance premiums may revoke such agency at will.
20-33 Oct 4 NEPOTISM. County official permitting relative to render personal service to him does not violate Section 13 of Article XIV where relative fills no official position and does not render service to the State in such capacity.
20-33 Oct 11 ASSESSORS. Assessor is entitled to compensation for making additional assessments on income tax returns.
20-33 Nov 3 MUNICIPAL CORPORATIONS.
GASOLINE TAX.
Municipal corporation is not entitled to refund of gasoline tax on purchases made for the use of the city.
20-33 Nov 13 TAXATION & REVENUE. Property bought in by County under foreclosure of School Fund Mortgage exempt from general taxes.
20-33 Nov 28 SCHOOLS. The district may not charge pupils “incidental” fees.
21-33 Feb 1 DEAF SCHOOL. Right of Board to have Secretary perform duties of Treasurer and act as such.
21-33 June 17 LIQUOR. Necessity for State license where beer is sold at church picnics.
21-33 Oct 9 ADMINISTRATION OF ESTATES. Debts due the United States under the State and Federal statutes are entitled to priority over other debts due by the deceased.
21-33 Oct 14 DRAINAGE DISTRICTS. Laws of Missouri, 1933, page 419, provides for the deduction of the unpaid principal benefits, which are not delinquent, from the land as valued with the improvements, in arriving at valuation for assessment; amount of unpaid benefits shall be ascertained on each tract according to the records of the district.
21-33 Nov 3 COUNTY SURVEYORS. 1. County surveyor must keep records and leave same for new County surveyor.
2. County Court may employ surveyors other than County surveyor to survey river bars and other accreted lands.
22-33 Apr 22 SHERIFFS. Expense of conveying prisoners to Boys’ Reformatory at Boonville, Mo. should be the actual outlay for conveyance of Sheriff and prisoners by the method and route from starting point to Boonville which is cheapest. If automobile cheaper than rail, former method should be used and if rail is cheaper, train should be used. Total cost of actual necessary traveling expenses should determine the method.
22-33 June 3 TAXATION. Sale of real estate for taxes provided for in Section 9952-A enacted by 57th General Assembly.
22-33 June 9 ROADS AND BRIDGES. County Court, under Section 7900, required to pay all of repairs where the repairs exceed $50.00 for one time.
22-33 Oct 12 NEPOTISM. Daughter of director’s cousin not within prohibited degree; wife of director’s brother-in-law not within prohibited degree.
22-33 Oct 17 NEPOTISM. Director who is grandfather by marriage to teacher and director who is uncle of teacher are within prohibition of Section 13 of Article XIV; the appointment of director’s wife’s brother’s wife, or second cousin, is not within the prohibited degree.
22-33 Dec 19 INTOXICATING LICENSE LIQUOR. License for ardent spirits.
23-33 Nov 10 CITY ASSESSORS. All personal property owned by a resident though held outside the city is assessable for city taxes.
24-33 Mar 2 SCHOOL FUND. Profits derived from sale of corpus of school fund created under and by virtue of Art. II, Sec. 8 of the Constitution of Missouri must be considered as “increment to principal” as differentiated from “income”.
24-33 May 1 SCHOOLS. Contract of School Board employing Superintendent for 3 years is not one that is Prima Facie illegal in Missouri but if any collusion shown would be invalid.
24-33 Oct 24 Board of Education WITHDRAWN
24-33 Oct 25 SCHOOLS.
SCHOOL DISTRICTS.
TEACHERS WARRANTS.
As to when suits may lie on a teacher’s contract against the school district and manner of paying teachers’ warrants.
25-33 Apr 18 MOTOR VEHICLES. Privately owned motor vehicles used in mail service requires Missouri license plates.
25-33 May 10 BONDS.
SCHOOL BONDS.
Voted and unused can still be used if purpose voted for still exists.
25-33 May 16 COUNTY DEPOSITARIES. County unable to receive bids in county or adjoining counties may at subsequent term select such depositary.
25-33 May 17 SCHOOLS – ORGANIZATION OF BOARD. (1) Law requiring board be organized within four days not compulsory but merely directory.
(2) Newly elected member can qualify after four days.
(3) When assembled two members may elect a president or select a teacher.
25-33 May 18 CONSTRUCTION OF SENATE BILL NO. 50. Date of making up tax books under this bill not applicable to year 1933.
25-33 May 24 WEEKS CONVENTION BILL. Discussion of provisions for mass meetings.
25-33 June 15 ELECTIONS. Special election under House Bill 514. Precinct and not wards to be used as voting places. Judges and clerks to be specially appointed for elections under House Bill 514.
25-33 June 27 SENATE BILL NO. 124. Interpretation as relating to college funds.
25-33 July 11 SPECIAL ELECTIONS. House Bill No. 514. Opinion as to supplies needed in special elections.
25-33 July 21 COUNTY DEPOSITORY. Liability of Bank where no bond furnished as provided by law.
25-33 Aug 15 RAILROAD TAXES-DELINQUENT. Application to payment of school district warrants of railroad taxes delinquent for the year 1932 and paid June 28, 1933.
25-33 Oct 5 HABEAS CORPUS. Convicts may be taken from the penitentiary under a writ of habeas corpus ad prosequendum and tried on another charge.
26-33 Jan 26 Hon. John A. Eversole WITHDRAWN
26-33 Feb 7 SHERIFFS. Fees and mileage for summonsing standing jury.
26-33 Mar 7 COUNTY COURT. Power of County Court to accept warranty or quit claim deed in satisfaction of school fund mortgage and bond or should they foreclose.
26-33 June 7 TAXATION. Property subject to assessment Baryties, lumber and ties.
26-33 July 7 LIQUOR. The necessity of a permit when selling beer at picnic or fair grounds.
26-33 July 11 GAME AND FISH DEPARTMENT. Who required to have license to fish.
26-33 July 14 Hon. J. Dorr Ewing WITHDRAWN
26-33 Sept 26 COUNTY DEPOSITORY. Procedure in selection of County Depository; Liability of County Treasurer on official bond in event no depository is selected by County Court.
26-33 Oct 11 ROADS AND BRIDGES. Refunds under Sections 8127 and 8128, R.S. Mo. 1929, discussed.
26-33 Dec 22 CRIMES AND PUNISHMENT. Child abandonment means that necessities of life are not provided for child.
27-33 Jan 10 NEPOTISM. Right of Sheriff to appoint nephew.
27-33 Feb 9 SURETIES. When surety bond for school fund loan is released.
27-33 Feb 11 COUNTY COURT. May maintain action against surety on school bond without foreclosure of mortgage.
27-33 Mar 17 GAME & FISH. Pet deer required by Section 8247 R.S. Mo. 1929 to be licensed under Section 8299 R. S. Mo. 1929.
27-33 Apr 5 COUNTY COURT. Refund money for roads taken over by State, may be used to purchase farm to market right-of-ways; special road district has no authority to borrow money from county.
27-33 Apr 10 Hon. Roth H. Faubion WITHDRAWN
27-33 May 25 PROSECUTING ATTORNEYS. Duty of County to furnish office, stationery, etc.
27-33 May 29 LIQUOR. Sale of beer by one person under permit issued to another.
27-33 July 12 ANTI-NEPOTISM. Commission of the township collectors.
27-33 July 13 FEES. Under Senate Bill No. 124 funds collected prior to Bill going into effect not required to be transmitted to State Treasury. At stated intervals means with reasonable promptitude. Certain exceptions in the Bill.
27-33 July 28 STATE TEACHERS COLLEGE SWIMMING POOL. Can be promoted by whom, and under what circumstances.
27-33 Oct 17 SECURITIES DEPARTMENT. Sale of the whole interest in a mining lease is not a certificate of interest under Sec. 7724, R.S. Mo. 1929.
27-33 Dec 15 COUNTY FUNDS. Federal home owners’ loan bonds as lawful investments for funds of county accumulated to meet funded indebtedness.
28-33 Feb 10 BANKS AND BANKING. Moratorium - waiver of deposits.
28-33 Feb 15 BANKS AND BANKING. Right of non-consenting depositors to draw his funds if bank restricts payment of checks.
28-33 Mar 10 COMMISSIONER OF FINANCE. Expenses of Department chargeable to closed institutions.
28-33 Mar 20 NEPOTISM. Right of State Finance Commissioner to appoint cousin as deputy commissioner.
28-33 Apr 5 COUNTY COURTS. Effect of closed banking institutions on payment of funds appropriated by County Court.
28-33 Apr 22 BANKS. Preferred claims, Senate Bill #293.
28-33 Apr 22 BANKS. Newspaper Notices discussed, Section 5333, R. S. Mo. 1929.
28-33 Sept 12 BUS AND TRUCK LAW. Trucks not for hire nor common carriers do not have to have license to deliver from Iowa into Missouri.
28-33 Nov 7 BLIND PENSION. Fact that person upon one examination may refuse to submit to an operation as ordered by the Commission will not deprive applicant of pension if, according to facts as found by Commission upon a subsequent examination, she is entitled to pension.
28-33 Dec 2 BLIND PENSION. An income of $600.00 over any consecutive twelve months makes a person ineligible for a blind pension and said twelve months need not compose the actual calendar year.
29-33 Jan 18 NEPOTISM. Right of Collector to employ brother-in-law’s wife as a deputy.
29-33 Jan 23 COUNTY COURTS. Pro-rating funds when amount collected is less than that appropriated under Section 9874, R.S. Mo. 1929.
29-33 Feb 4 COUNTY COURTS. Pro-rating funds when amount collected is less than that appropriated under Section 9874 R.S. Mo. 1929.
29-33 May 22 CHIROPRACTIC BOARD. Date Governor appointed members, when confirmed by senate relates back to date of appointment—Expenses incurred while in discharge of duties payable out of Chiropractic Appropriation fund.
29-33 Sept 7 PROHIBITION. Fees of enforcement officers for executing search warrants.
29-33 Sept 18 GENERAL ASSEMBLY. Sec. 12, Art. IV, Appointment of State representative to Federal position.
29-33 Dec 8 INQUEST COSTS.
WITNESS FEES.
To be paid by county. No witness fees payable to witness detained in jail for refusal to give recognizance.
30-33 Feb 2 SCHOOLS. Outside use of school property discussed under Secs. 9284 and 9205 R.S. 1929 construed herein. Special meeting duly called may prohibit, but not authorize such use.
30-33 Feb 11 TAXES. Interest and penalties on back taxes, how divided.
30-33 May 4 LIQUOR. Holder of a five dollar permit for the sale of non-intoxicating beer cannot allow the original package to be broken upon premises described in the permit. Holder of Ten dollar permit cannot sell in the original package non-intoxicating beer to be taken away from premises where sold.
30-33 May 10 SCHOOLS. Teacher required to finish term provided sufficient revenue from taxes and state aid will eventually come in for current year to meet warrants issued for salary. Board can make contract for ensuing year before annual election.
30-33 July 13 STATE HIGHWAY COMMISSION. Highway commission has authority to close state highway temporarily, to establish detours, travelers cannot be compelled to use any particular highway or road and the highway commission has no authority to repair roads other than state highways and detours established by the board.
30-33 Aug 8 Mr. Ted Frossard WITHDRAWN
30-33 Sept 11 Mr. Ted Frossard WITHDRAWN
30-33 Sept 27 SCHOOLS. Relating to the use of State School money apportioned to the several school districts as provided under section 9257, R. S. 1929.
31-33 Jan 16 GAME AND FISH. Persons or corporations using, owning or building a dam in a river, creek or stream are required to operate fish hatcheries when all requirements of Sec. 8279 are reasonable.
31-33 Mar 17 GAME AND FISH DEPARTMENT. Right to prosecute for possession of more than twenty-five game fish.
32-33 Feb 17 TAXATION-ROADS AND BRIDGES. Power of the board of commissioners or Road Districts to levy and collect tax without a vote of the taxpayers. (Not under township organization) Section 8067 R. S. Mo. 1929.
32-33 Mar 2 COUNTY SUPERINTENDENT OF SCHOOLS. State appropriation, applicability to salary under Section 9463 R. S. Mo. 1929.
32-33 Mar 15 TAXATION-ROADS AND BRIDGES. A supplementary opinion with authorities showing power of board of commissioners of Road Districts to levy and collect tax without a vote of the taxpayers. (not under township organization). Section 8067 R.S. Mo. 1939.
32-33 Apr 10 POLICE RECORDS. City of St. Louis discussion.
32-33 June 17 MOTOR VEHICLES. Reconditioning system of the Ford Motor Company does violate Section 7781 R. S. Mo. 1929.
32-33 Sept 26 POLICE. Relating to Construction of Section 3952 R. S. 1929 and Officer’s Rights thereunder.
32-33 Oct 3 COUNTY REVENUE. Payment of past indebtedness of a county cannot be paid out of current revenue unless there be more than a sufficient amount for current expenses.
33-33 Jan 17 Governor Guy B. Park WITHDRAWN
33-33 Jan 23 EXTRADITIONS. Matter of Interstate Extradition.
33-33 Feb 2 State right to cede jurisdiction to Federal Government over lands theretofore purchased.
33-33 Apr 6 Senator B. T. Gordon WITHDRAWN
33-33 May 4 BALLOTS. Validity of Senate Bill No. 82. Fifty seventh General Assembly of Missouri providing for altering form of Presidential Ballot by eliminating name of Electors and printing only names of Candidates for President and Vice-President on the ballot.
33-33 May 11 BILLS.
COUNTY BUDGET.
Title to bill must contain what, and when germane.
33-33 May 11 HOUSE BILL. House Bill No. 263 does not violate Article IV, Sec. 28, Missouri Constitution.
34-33 June 14 LIQUOR. State Fair Grounds, not unlawful for directors to sell concessions for sale of beer therein.
34-33 June 15 MISSOURI REFORMATORY. Authority of officer of institution to carry arms while attempting to arrest escaped person.
34-33 July 26 ELECTIONS. City of Kansas City. Who eligible to vote - - Weeks Bill.
34-33 Oct 23 CIRCUIT CLERKS.
 PROSECUTING ATTORNEYS.
COUNTY WARRANTS.
Cannot apply money collected on salary.
1932 warrants cannot be paid out of 1933 revenue.
35-33 Jan 31 BANK SHARES. Place of assessment.
35-33 Mar 2 MOTOR VEHICLE LICENSE. Obtaining motor vehicle license by January 31st, but custom and practice permits to approximately March 15th.
35-33 Mar 7 COUNTY COURT. Power of County Court to accept warranty or quit claim deed in satisfaction of school fund mortgage and bond or should they foreclose; and cannot knock off or reduce interest.
35-33 Mar 10 SCHOOLS. City extending its limits shall under Section 9325 (Ipso Facto) have the effect to extend the limits of such school district to the same extent.
35-33 July 31 DRAINS AND LEVEE DISTRICTS. Power of County Collector to accept warrants in payment of drainage taxes.
35-33 Nov 27 STATUTES. If the title or caption and the body of bill identifies the statute to be repealed so no doubt exists as to what statute is intended to be effected, it is sufficient.
35-33 Dec 29 OPTOMETRY BOARD. Fourteen different questions answered with reference to the practice of Optometry in the State of Missouri.
36-33 July 20 LIEUTENANT GOVERNOR. Powers and duties of Lieutenant Governor in the absence of the Governor.
36-33 Sept 1 DENTAL BOARD. Application of Senate Bill 124 to funds.
36-33 Nov 4 MISSOURI DENTAL BOARD. Exhibit submitted by Charles R. Mendlick not sufficient to qualify him to take examination.
36-33 Nov 17 TAXATION. Tax suit may proceed to judgment after December 31, 1933 if filed before July 25, 1933.
38-33 Feb 11 ROAD DISTRICT COMMISSIONERS. Have no right to employ themselves. Sections 8031, 8033 and 8038 RSMo. 1929.
38-33 Mar 8 FARM-TO-MARKET.
STATE HIGHWAY COMMISSION.
Power of State Highway Commission to change route of Farm-to-market road after same located by County Highway Commission.
38-33 Apr 11 FOOD AND DRUGS. Patent and proprietary medicines may be sold in places other than pharmacies and drug stores.
38-33 May 22 COUNTY CLERK’S FEES. County clerk must account for fees received in his official capacity in making his return and settlement with the county.
38-33 May 26 FEES. Right of witness and stenographer to be paid legal fees from fund appropriated to pay election contest expenses.
38-33 June 16 CIRCUIT CLERK.
COUNTY CLERK.
Salary of Circuit Clerk, Section 11786, R.S. Mo. 1929.
Salary of County Clerk, Section 11811, R.S. Mo. 1929.
38-33 June 20 PROSECUTING ATTORNEYS. Prosecuting Attorney not entitled to any compensation in addition to salary for work done in connection with case in which County was party.
38-33 July 24 BOARD OF BARBER EXAMINERS. Allowed expense accounts – under what circumstances.
38-33 Sept 23 NEPOTISM. Official, offending provisions of Section 13 of Article 14, unless he voluntarily resigns, must be removed by quo warranto; the fact that related appointee afterwards resigns does not prevent forfeiture of office under Section 13 of Article 14.
38-33 Sept 30 NEPOTISM. Treasurer of school district comes within the prohibition of Section 13, Article 14 of the Constitution of Missouri.
38-33 Oct 2 TAXATION. Accounts receivable identified as personal property subject to assessment for purposes of taxation.
38-33 Oct 4 NEPOTISM. Recorder receiving personal services from wife does not violate Section 13 of Article XIV of the Constitution of Missouri, as she does not render service to the State in an official capacity.
38-33 Nov 3 MARRIAGE. Authority of an alien to perform.
38-33 Nov 17 PROSECUTING ATTORNEY. Special prosecutor not entitled to compensation.
38-33 Nov 21 TAXATION. Accounts receivable identified as personal property subject to assessment for purposes of taxation.
38-33 Nov 22 OFFICERS. Secretary of Optometry Board serves at pleasure of Board.
39-33 Aug 8 CHILDREN. Duties of State Home relative to returning and committing children. Guardianship.
39-33 Aug 11 CITIES AND TOWNS. Authority of cities and towns to license insurance agents.
39-33 Oct 14 APPROPRIATIONS. Construction of appropriation act not in conformity with a general statute – state Children’s Bureau and Children’s Home.
39-33 Dec 30 AUTO LICENSE PLATES.
FEDERAL LAND BANKS.
Required on automobiles of Government agents.
Required to procure license tags for automobiles.
40-33 July 13 MOTOR VEHICLES. Rule as to determining capacity of trucks.
40-33 July 25 ACCOUNTING OFFICER. County clerk is accounting officer under Laws of Mo. 1933, p. 340.
41-33 Jan 26 CIRCUIT CLERK.
COUNTY CLERK.
COUNTY SUPERINTENDENT OF SCHOOLS.
SALARIES.
Section 11786, R. S. Mo. 1929.
Section 11811, R. S. Mo. 1929.
Section 9465, R. S. Mo. 1929.
41-33 Feb 21 SPECIAL ROAD DISTRICT COMMISSIONERS. Mayor and city aldermen members’ rights of vote selecting commissioners. Section 8026, R.S. Mo. 1929.
41-33 Apr 19 ROADS AND BRIDGES. Power and pipe line taxes apportionment to road districts, special and general.
41-33 June 30 TAXATION AND REVENUE. Bonds issued by state and municipality are not exempt from taxation.
41-33 Sept 15 NEWSPAPERS. Sec. 13775 – must be published regularly and consecutively one year before legal notices are valid.
41-33 Oct 13 MUNICIPAL CORPORATIONS. Franchise to electric light company in city of the fourth class as requiring vote of inhabitants.
41-33 Dec 5 TAXATION. Interest on delinquent taxes determined by section 9952, page 429, Laws of Missouri 1933.
42-33 July 26 HOUSE BILL.
PHARMACISTS.
A. Druggists required to have permit only for selling ethyl alcohol or wine.
B. Doctors not required to have permit.
42-33 Aug 2 NATIONAL RECOVERY ADMINISTRATION. Does the President’s employment agreement of July 27, 1933 apply to employees of State Warehouse Department.
42-33 Oct 18 PUBLIC FUNDS OF COUNTY. County court may require collector to give new bond or additional security; it is the duty of the Prosecuting Attorney, upon request of the county court, to take such legal action as may be necessary for the preservation and protection of public funds of the county.
42-33 Oct 31 NEPOTISM. The civil rule should be used in computing the relationship under Section 13 of Article XIV of the Constitution.
42-33 Dec 27 COSTS AND FEES. In appeal to Supreme Court, fees or clerk for making out transcript shall be paid by the state or county if defendant is unable to pay the same, but clerk cannot require payment in advance.
43-33 June 2 ELECTIONS. Special elections can only be held when provided for by law.
43-33 June 13 GAME AND FISH DEPARTMENT. What and when fish may be gigged or speared.
43-33 July 12 ROADS AND BRIDGES. Vacating of roads for non-use.
43-33 Aug 1 PENAL INSTITUTIONS. Salaries of Director and Commissioners; effective date of reduction of salaries.
43-33 Sept 23 MUNICIPAL ELECTIONS. Vacancy in office of Assessor of Warrensburg, Missouri.
43-33 Nov 10 FEDERAL TAXATION.
EXEMPTION OF AGENCY OF THE STATE.
Missouri Training School at Boonville, being an instrumentality or agency of the state in carrying on a governmental function, cannot be required to pay the Federal Process tax.
43-33 Nov 23 GAME LAWS. Legal interpretation of still-hunting.
43-33 Dec 28 TAXATION.
EXEMPTION OF AGENCY OF THE STATE.
Missouri Training School at Boonville, being instrumentality of the State and carrying on governmental function, shall not be required to pay Federal processing tax on wheat raised or purchased by it and milled.
44-33 Jan 12 Mr. Jos. B. Thompson, Sup’t WITHDRAWN
44-33 Jan 20 INSURANCE. May only issue insurance policies in conformity to the Missouri Laws.
44-33 Jan 25 SHERIFF’S FEES. Section 1870, and Section 11789, R.S. Mo. 1929.
44-33 Feb 27 SHERIFF’S FEES. Section 1870, and Section 11789, R. S. Mo. 1929.
44-33 Apr 7 OPERATOR OR CHAUFFEUR. License required, but no license obtainable in either case under age of eighteen.
44-33 May 9 INHERITANCE TAX. Ruling on Estate by entirety.
44-33 May 12 INSURANCE DEPARTMENT. What constitutes an insurance contact and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
44-33 May 25 INHERITANCE TAX. War Risk Insurance Service – connected disability adjusted compensation. Not subject to inheritance tax.
44-33 May 26 INHERITANCE TAX. Construction of Will. Stranger taxes five per centum.
44-33 May 27 Mr. Byron A. Stewart WITHDRAWN
44-33 June 1 INHERITANCE TAX. Non-resident of state allowed same exemptions as is resident.
44-33 June 7 INHERITANCE TAX. Suggestions relating to procedure thereto.
44-33 June 9 INHERITANCE TAX. Age of majority of distributee fixed by the law of the domicile of the ward.
44-33 June 20 INHERITANCE TAX. Forgiveness of a debt subject to taxation.
44-33 June 21 INHERITANCE TAX. Bequest for funeral expenses of sister-in-law subject to tax.
44-33 July 19 INHERITANCE TAX. Taxation of life estate.
44-33 Aug 21 INHERITANCE TAX. Bequests to Missouri charity not subject to tax.
44-33 Aug 25 Hon. Penn Brace WITHDRAWN
44-33 Sept 20 INHERITANCE TAX. Taxation of bequest to adopted daughter and husband.
44-33 Sept 27 INHERITANCE TAX. Contingent remainder taxable though original bequest made before inheritance tax passed.
44-33 Sept 28 SCHOOLS. Endorsement of second grade certificate. Teacher must have certificate throughout term of school.
44-33 Oct 4 INHERITANCE TAX. Transfer by will subject to tax regardless of motive or consideration.
44-33 Oct 4 Mr. George Eigel WITHDRAWN
44-33 Oct 5 Hon. Richard R. Nacy WITHDRAWN
44-33 Oct 14 Messrs. Lawson & Hale WITHDRAWN
44-33 Oct 27 Ryland, Stinson, Mag & Thompson WITHDRAWN
44-33 Nov 10 LEGISLATURE. Validity of the Act of extra session introduced prior to message on subject.
44-33 Nov 13 INHERITANCE TAX. (a) Where property passes by will by virtue of power of appointment contained in earlier will, the transfer is taxed as part of the estate of the decedent who died last.
(b) The relationship of the grantee to the donee of the power determines the rate of tax.
44-33 Nov 14 INHERITANCE TAX. A contingent remainder is taxable although the original trust was created prior to the passage of the Mo. Inheritance tax law.
44-33 Nov 15 INHERITANCE TAX. Advancements, as such, are not subject to the Inheritance Tax Laws of the State of Missouri.
44-33 Nov 16 INHERITANCE TAX. A bequest to A for life and remainder to heirs is a contingent remainder.
A contingent remainder is taxable although the original bequest be made before the Inheritance Tax Law of the State of Mo. was passed.
45-33 Apr 25 BANKS AND BANKING. The McCawley Act does not apply to banks being liquidated.
45-33 May 9 Mr. Arch A. Johnson WITHDRAWN
45-33 July 8 ELEEMOSYNARY INSTITUTIONS. Commission for the Blind transferred to Board of Managers of Eleemosynary Institutions. Board of Charities and Corrections abolished—Home at Carrollton placed under supervision of the Board of Managers of State Eleemosynary Institutions.
45-33 July 14 PROSECUTING ATTORNEY.
FEES.
In what form to be paid to the County Treasurer.
45-33 July 26 ELEEMOSYNARY BOARD. Validity of contract with member of Board made prior to appointment to such Board.
45-33 July 30 COUNTY TREASURER. Salary within discretion of county court.
45-33 Aug 1 ELEEMOSYNARY INSTITUTIONS. Duties and power may not be delegated to sub-board but must be performed by board as provided by statute.
45-33 Aug 4 LIQUOR. Cities of third class – licensing vendors for an occupation tax.
45-33 Aug 16 NATIONAL RECOVERY ADMINISTRATION. Hours of work for Barbers.
45-33 Aug 18 TAXATION. Expense of publication of list of delinquent lands not chargeable to County, Section 9952b.
45-33 Aug 28 STATE PURCHASING AGENT. Authority to authorize emergency direct purchases.
45-33 Sept 13 COUNTY TREASURER’S BOND. Amount of under Section 9266 & 12133 R. S. 1929.
45-33 Sept 15 NEPOTISM.
EMPLOYEES.
Grandson of mother’s half-brother not within fourth degree, using civil law method of computing relationship. Appropriation act permits employment of temporary help.
45-33 Oct 21 ELEEMOSYNARY INSTITUTIONS. Holding that the Board of Managers of Eleemosynary Institutions have no authority to grant lands or interest in same without act of the General Assembly.
45-33 Oct 25 CIRCUIT CLERKS. Salary of Clerks and deputies affected by Sections 11786 and 11812, p. 369, Laws 1933.
45-33 Nov 1 ADVERTISEMENTS. Advertisements for bids by State Purchasing agent – where placed.
45-33 Nov 20 GENERAL ASSEMBLY. Are constitutionally within the scope of the proclamation of the Governor convening the Extra Session of the 57th General Assembly of the State of Missouri.
45-33 Nov 28 CONSOLIDATED SCHOOL DISTRICTS. 1. Board of Directors in Consolidated School District can compel children living in a certain ward district to attend the building in that ward.
2. When a ward building is closed the Board of Directors of the District must pay the transportation of all children living in that ward who live more than three and one-half miles from any proper school.
45-33 Dec 16 ELEEMOSYNARY BOARD.
STATE PURCHASING AGENT.
Without authority to purchase real estate.
To purchase real estate for Eleemosynary Board.
45-33 Dec 28 ELEEMOSYNARY INSTITUTIONS. Fund in hands of steward should be used according to the wishes of the donor.
46-33 May 11 DEPARTMENT OF PENAL INSTITUTIONS. MOTOR VEHICLES. Department of Penal Institutions has right to manufacture license plates and road signs under Senate Bill 204.
46-33 May 17 Marginal releases in Recorder’s Office.
46-33 Sept 30 SCHOOLS. Tuition required and allowed for non-resident high school pupils.
46-33 Dec 6 Hon. George C. Johnson WITHDRAWN
47-33 Jan 26 PROSECUTING ATTORNEY’S SALARY. Refund of sums paid in excess thereof – Section 11314, R.S. Mo. 1929.
47-33 Feb 7 COUNTY DEPOSITARY. Banks in county or adjoining counties entitled thereto – Section 12189 R. S. Mo. 1929 – Preference where no bond given.
47-33 Feb 8 COLLECTOR. Fee for collecting delinquent railroad taxes as constituted under Section 10044 R.S. 1929.
47-33 Mar 7 CRIMINAL COST. State must pay the cost accruing on failure to convict on penitentiary charge.
47-33 Mar 11 POOL HALLS. Requirement for license by County Court.
47-33 Mar 25 SCHOOL. Majority of taxpayers voting at election under Sec. 9225 R. S. Mo. 1929, increases tax levy.
47-33 May 5 CRIMINAL COSTS. Physician’s service ordered by state to examine defendant not part of State’s costs.
47-33 June 6 TOWNSHIP COLLECTORS. Must account for funds due State and County as prescribed by statute.
47-33 Oct 3 NEPOTISM. Public officer appointing child in office who is not appointed to an official position and who is not rendering service in an official capacity, does not violate Section 13, Article 14 by having son render personal service to him.
47-33 Nov 2 OFFICERS, SOLDIERS AND MARINES. Right to vote in Missouri.
48-33 July 22 TAXATION. No authority to bring suit for delinquent taxes after July 24, 1933 – Senate Bill 94.
49-33 Jan 31 APPROPRIATION BILLS. May originate in either house.
49-33 Apr 6 REFUNDS. Application of money refunded Buchanan County for improvements on roads built where same have been taken over by the state.
49-33 June 2 LIQUOR.
CITIES, TOWNS AND VILLAGES.
Towns, villages, and cities of fourth class cannot prohibit sale of “Non-intoxicating beer” within three hundred feet of church, but can regulate and control same and how.
49-33 Aug 7 ELECTIONS. Absentee voter.
49-33 Aug 18 PHARMACISTS. What constitutes the meaning of retail druggist as referred to in Missouri Statutes.
49-33 Oct 21 SCHOOLS. School districts are prohibited from insuring in Farmer’s Mutual Insurance Companies where the assessment liability is unlimited, irrespective of Section 6063a, Laws of Missouri 1931, page 240, but may insure in assessment company or other company where liability is fixed and would not exceed in any year the revenue provided for such year.
49-33 Nov 20 TAXATION AND REVENUE. Assessments – False Return – statutory method of altering so as to include omitted property.
50-33 Nov 3 SCHOOLS. Compelling members of school board to publish annual reports.
51-33 May 18 LIQUOR.
MERCHANTS LICENSE.
Merchants’ license as applied to the beer law in Moberly.
51-33 Dec 27 TAXATION. Inquest fees which are deemed criminal costs may be used to offset delinquent back taxes, otherwise taxes can only be paid as provided for in Section 9911, R. S. Mo. 1929.
52-33 Mar 28 SCHOOL BOARDS. Operating themselves buses for the transportation of children to and from school, when buying directly from the manufacturer or their agent are exempt from the payment of Federal taxes on gasoline.
52-33 Apr 3 SCHOOL. Majority of taxpayers voting at election under Sec. 9225 R.S. Mo. 1929, increases tax levy; and who is a tax-payer.
52-33 Apr 10 Hon. Chas. A. Lee WITHDRAWN
52-33 Apr 13 HIGH SCHOOL LEVY. Taxpayer Voter. (Supplemental opinion) to be attached to opinion of April 3rd 1933. “Who Is A Taxpayer”.
52-33 June 17 STATE SUPERINTENDENT OF SCHOOLS.
VOTING IN SCHOOL DISTRICTS.
Question of right of employees of McCune Home, Jackson County to vote on school affairs.
53-33 Feb 1 BOARD OF CURATORS. Authority to hire and fix salaries of teachers, instructors, officers and employees.
54-33 Jan 11 TRUCKMAN’S LICENSE. Truckman’s license and permit for delivery of livestock.
54-33 Feb 20 COUNTY COLLECTOR.
SURETIES.
Right of non-resident sureties to withdraw on petition from bond of county collector.
54-33 June 27 TAXATION. Collection of delinquent taxes of cities of the fourth class provided for in Section 6695, R. S. Mo. 1929, not affected by Senate Bill 94 or 96 amending Chapter 59.
54-33 Aug 14 LINCOLN UNIVERSITY.
STATE UNIVERSITY.
Member of Board of Curators who is editor of and stockholder in newspaper may distribute rotogravure section advertising university without compensation to the distributing paper.
54-33 Oct 4 Mr. Minor C. Livesay WITHDRAWN
54-33 Oct 23 STATE HIGHWAY REFUNDS.
ROADS AND BRIDGES.
COUNTIES.
Township is not entitled to share in the proceeds on the refund by the State Highway Commission on account of bridges built by the proceeds of a County bond issue.
56-33 Feb 11 COUNTY COURT. Right to order tax illegally collected to be re-distributed.
56-33 Mar 18 COUNTY REVENUE. County court cannot issue warrants in excess of the anticipated revenue of any one year under Art. 10, Sec. 12, Mo. Const., but may transfer unused or surplus funds from one department to another.
56-33 Mar 31 OFFICERS. Appointive – Salary- Tenure – Beginning of Term.
56-33 May 31 PROSECUTING ATTORNEY. Expenses of prosecuting attorney in change of venue cases.
56-33 June 22 LIQUOR. A permit issued to a wholesaler permits said wholesaler to distribute from any part of the state and from as many places in the state as he so desires; provided, however, that his business is conducted from several places in good faith and not to evade the permit tax provided in House Bill No. 23.
57-33 Mar 8 AGRICULTURAL PRODUCTS. License required for sales under Sections 7289 and 13312 R. S. Mo. 1929.
58-33 Feb 1 COUNTY JUDGES.
CITIES, TOWNS AND VILLAGES.
1. Salary of County Judges, Sections 11808-2092-655.
2. Municipalities Cities of the 4th class quorum when mayor can vote.
58-33 Feb 18 MOTOR VEHICLES. In matter of giving away car under plan of Motor Vehicle Dealers Association of Kansas City, Mo.
58-33 Mar 15 CONGRESSIONAL DISTRICT. Status Congressional Districts of Missouri with reference to circulating referendum petition under state constitution.
58-33 Mar 29 BLIND COMMISSION. Reasonable Notice Discussed.
58-33 Apr 3 SCHOOLS. Railroad, tax money in county treasury, when county court can distribute.
58-33 Apr 5 HIGH SCHOOLS. Per-pupil cost of tuition; outside high school students, and how arrived at, and how paid.
58-33 Apr 6 LIQUOR. Right of licensed druggist to sell-non-intoxicating beer under Act approved March 15, 1933, legalizing manufacture and sale of beverage having not exceeding 3.2 per cent alcoholic content.
58-33 Apr 19 RECORDER OF DEEDS. Recordability of instruments subordinating lien of deed of trust to easement.
58-33 May 15 RECORDER OF DEEDS. Recordability of instrument subordinating lien of deed of trust to easement – Section 3081, 1931 Session Acts, p. 174.
58-33 June 7 PEDDLERS LICENSE. Is State license good in each county of State?
58-33 June 14 UNIFORM SEED LAW. Sale without labels is violation thereof.
58-33 July 25 SCHOOLS. Interpretation of Sections 9470 and 9474 R. S. Mo. 1929.
58-33 Aug 3 LIQUOR. Wine containing 3.2% alcohol cannot be legally sold in Missouri.
58-33 Oct 4 COUNTY COLLECTOR. May not collect over-payment of taxes from County Court.
58-33 Oct 20 SCHOOL DISTRICTS. Where single owner owns land located within three different school districts, county clerk, in assessing the amount of school taxes, should take the value of the land located in each district, in arriving at the amount of taxes due each school district.
59-33 Feb 15 COUNTY COURT. Right to compromise taxes, Section 9950, R.S. Mo. 1929. Rights in correcting errors, Section 9950, R. S. Mo. 1929. Collector’s liability, acting under an unauthorized order of county court.
59-33 May 2 BUILDING AND LOAN ASSOCIATIONS. Right to engage in insurance business as insurer or agent.
59-33 May 4 BUILDING AND LOAN ASSOCIATIONS. Rules and regulations that may be made by the Supervisor under Senate Bill Number 263.
59-33 June 9 BUILDING AND LOAN ASSOCIATIONS. Fees required to be paid Supervisor for examination of “Participating Reserve Fund.”
59-33 June 9 BUILDING AND LOAN ASSOCIATIONS. Ratio or pro rate in which matured shares should be paid.
59-33 June 24 BUILDING AND LOAN ASSOCIATIONS. Approved form of permanent stock certificate.
59-33 July 11 BUILDING AND LOAN ASSOCIATION. Free shares of stock owned by borrowing shareholders may not be credited on loan or notices withdrawal value, but such free shares withdrawn and pro-rated according to the statutes.
59-33 July 29 BUILDING AND LOAN ASSOCIATION. Rent for office space not chargeable to appropriations made for B. & L. supervision.
59-33 Aug 4 BUILDING AND LOAN ASSOCIATION. Right to enter into an agreement to extend payment of note and deed of trust.
59-33 Aug 7 BUILDING AND LOAN ASSOCIATION. Home Owners “Loan Corporation” bonds may not be accepted by B & L Associations.
59-33 Sept 2 BUILDING AND LOAN ASSOCIATION. Shares pledged as security for loans not to be sold as collateral but must be withdrawn and withdrawal value applied on loans.
59-33 Sept 6 BUILDING AND LOAN SUPERVISOR. Power to appoint local attorney discussed.
59-33 Sept 8 BUILDING AND LOAN. Withdrawing shareholders not entitled to subsequent dividends or earnings.
59-33 Sept 21 BUILDING AND LOAN ASSOCIATION. Home Owner’s Loan Corporation bonds.
59-33 Nov 15 BUILDING AND LOAN ASSOCIATION. “Mutuality” necessary in all Building and Loan plan of stock.
59-33 Nov 16 JURORS. Jurors not on the regular panel but who are retained on the panel of qualified jurors from which the jury is selected, are entitled to their per diem and mileage.
59-33 Dec 6 APPROPRIATIONS.
BUILDING AND LOAN ASSOCIATION.
Bureau of Building and Loan Supervision emergency fund construed.
60-33 Jan 28 PROSECUTING ATTORNEY.
CIRCUIT CLERK.
Cannot apply money for collection of fees to payment of salary, must be paid into county treasury. Sec. 11315, 11314, 11317, 11813, 11814, 11816, 11817, 11830, R.S. Mo. 1929.
60-33 Mar 3 GASOLINE TAX. Gasoline tax is legally enforceable on tractors and maintainers owned by townships, counties and contractors.
60-33 Mar 31 COMMISSIONERS.
NEPOTISM.
Right to accept contracts for work performed in their districts.
Right of Commissioner to employ relatives.
60-33 June 3 INDIGENT PERSONS.
INSANE PERSONS.
Resident requirement and who responsible for upkeep in State Hospital.
60-33 June 5 COUNTY TREASURER. County Treasurer to effect settlement with County Court for County funds – how?
60-33 July 29 INFORMATION. Opinion on form of Information.
60-33 Aug 8 PHARMACISTS. Does pharmacist have to secure permit from County Court to fill physician’s prescription under the act of 1933, (Session laws of Mo. 1933, p. 277). Relating to medical prescription for intoxicating liquors.
60-33 Aug 22 LIQUOR. Right of the Food & Drug Commissioner to revoke permits by a summary procedure.
60-33 Sept 1 BOARD OF HEALTH. Qualifications of applicant for medical license.
60-33 Oct 4 NEPOTISM. Public officer receiving personal service from daughter does not violate Section 13, Article XIV, where daughter is not appointed to an official position.
60-33 Oct 7 BOARD OF HEALTH. Without authority to issue temporary or conditional license to practice medicine.
60-33 Oct 7 INSANE PERSONS. Opinion relating to the liability of counties for the cost of the criminal insane transferred from the penitentiary to state hospitals for the insane upon the warrant of the Governor.
60-33 Oct 17 NEPOTISM. Section 13 of Article XIV of the Constitution of Missouri does not prohibit the appointing by a public officer of a second cousin. It prohibits the appointment of first cousin and those more closely related, and the civil rule is to be used in computing the relationship.
60-33 Nov 17 BOARD OF HEALTH. Jurisdiction of Board of Health to protect city water supply from pollution by city sewer, Jefferson City.
60-33 Nov 22 TAXATION. Construction of the word “destruction” as used in Section 9963b, p. 448, Laws of Missouri 1933.
60-33 Dec 8 SCHOOLS. Interest compounded on county school mortgages not to be cancelled by county court.
61-33 July 22 SCHOOLS. Special State aid under Sections 9220, 9223 and 9431 R. S. Mo., 1929, not to be pro-rated or affected by laws of 1931, page 334.
62-33 Jan 16 COUNTIES. Refunds from State, taking over bridge to which county contributed, may be put in general revenue fund of county by county court. On transfer or paying back to other counties their contribution no commission allowable under 12316, R.S. 1929.
62-33 Sept 14 CITIES OF THE THIRD CLASS. Must issue Sewage Disposal Bonds under Section 7276.
63-33 May 23 ASSESSORS.
TAXATION.
Sections 10025 and 9760 discussed. Assessment of local property other than distributable. Time of assessor.
63-33 June 14 PROPERTY TAX. Tax commission has no jurisdiction to reassess property if resort to county board of equalization is not made before applying to tax commission.
63-33 Aug 8 TAXATION. Various problems concerning the application of Senate Bill 94 to the collection of delinquent State and County taxes.
63-33 Nov 15 TAXATION. Various problems concerning the application of Senate Bill 94 to the collection of delinquent State and County taxes.
64-33 Feb 17 SHERIFF’S RESIDENCE. County court’s duty in relation thereto. Sections 8524 and 8526, R. S. Mo. 1929.
64-33 Mar 1 TOWNSHIPS. Has authority to appropriate money from the General Road Fund to secure right-of-way and turn same over to State Highway Commission for construction and maintenance of state highways thereon.
64-33 Mar 17 TAXATION. Suit for taxes delinquent Jan. 1, 1933. Cannot be joined in suit begun in 1933 for taxes delinquent Jan. 1, 1932.
64-33 Apr 10 OSTEOPATH. Right to practice medicine and surgery, write prescriptions.
64-33 May 3 BANKS AND BANKING. Par value of shares of stock—Amount necessary for director to own discussed.
64-33 May 11 SCHOOLS-NEW OR OLD DISTRICTS. Should be left with at least $50,000 assessed valuation and 20 school pupils or 8 square miles and 20 school pupils.
64-33 May 25 BANKS AND BANKING. Preferred stock set out in articles of agreement must be subscribed and paid up before incorporation.
64-33 May 27 BANKS & BANKING. Sec. 5312 R.S. of Mo. 1929 and subsequent sections thereto provide that the Commissioner of Finance must consider certificates of indebtedness issued in pursuance to said sections of the statutes as restoration of capital for the purpose of determining whether banks should be closed or not in the interest of creditors.
64-33 July 24 COMMISSIONER OF FINANCE. Authority to appoint special deputy to supervise liquidation and pro rate expense to defunct institutions.
64-33 July 25 TRUST COMPANIES. No power to purchase the majority of the Stock of a National Bank.
64-33 July 25 PROCESS AGAINST CORPORATIONS. Process against corporations charged with a crime is obtained – how?
64-33 July 28 FERRIES.
HIGHWAYS.
Grant of license by county court does not authorize in itself the use of landing.
Public has no right to use as landing places.
64-33 Aug 1 PUBLIC OFFICERS. Vacancies by resignation or abandonment.
64-33 Aug 5 BANKS AND BANKING. Liabilities of stockholders in a National Bank.
64-33 Sept 19 BUS AND TRUCK LAW. Prosecutions for violations of sub-division (c) Sec. 5270, Laws of Mo. 1931 in county where acceptance was made.
64-33 Sept 26 FEES. Relating to Fees of Prosecuting Attorneys in Change of Venue.
64-33 Sept 28 BANKS AND BANKING. Proper parties to distribute special deposits in restricted banks.
64-33 Oct 6 NEPOTISM. Where Board votes unanimously in favor of a teacher, director who is first cousin of teacher violates Section 13 of Article XIV of the Constitution of Missouri.
64-33 Oct 10 TAXATION. Personal property of World War Veteran not exempt from taxation.
64-33 Oct 11 BANKS & BANKING. Construction of House Bill 91 – Laws 1933, page 405. Depositors permitted to participate in reorganization plan of bank.
64-33 Oct 13 BANKS & BANKING. Public deposits of State, county, cities and school districts come within the exception of the Federal Reserve Act permitting member banks to pay interest on demand deposits.
64-33 Oct 17 COUNTY WARRANTS. (1) Warrants are acceptable in payment of taxes.
(2) The County Treasurer should accept and give credit to the collector for county warrants accepted in payment of taxes in the monthly settlement of the collector.
(3) Must the county warrant be presented by the original payee, or is it acceptable from the assignee?
64-33 Oct 21 LIQUOR. Permit for rectifying whiskey in Missouri.
64-33 Nov 16 BANKS & BANKING. Res judicata applied to judgment against a restricted bank.
64-33 Nov 23 BANKS & BANKING. Constitutionality of House Bill No. 92, Senate Bill No. 43, Extra Session – Capital notes issued by bank or trust company.
64-33 Nov 27 SCHOOLS.
SCHOOL BOARD ELECTION.
Qualifications of voters thereat.
64-33 Dec 4 BANKS & BANKING. May the capital of a new bank be provided by assignment of the assets of an old bank? May the new bank adopt the name of the old bank?
65-33 Apr 24 COUNTY DEPOSITORIES. Designation of County Depository.
65-33 July 7 DEPARTMENT OF PENAL INSTITUTIONS. Not liable in suit for damages for negligence.
65-33 Sept 14 RESTAURANTS. City ordinance governing sanitary conditions.
65-33 Oct 11 Hon. Lee Mullins WITHDRAWN
65-33 Oct 27 SURETY BONDS. Executed to Athletic Commission may or may not be cancelled at the mere pleasure of the Commission.
65-33 Nov 14 AUTOMOBILES. 1. Dealer resident of Missouri running cars from another state in Missouri to negotiate sales must use Missouri dealers licenses on them.
2. Dealer may not use dealers licenses for private purposes and pleasure.
65-33 Nov 17 COUNTIES.
COUNTY BUDGET LAW.
PLEDGING OF WARRANTS.
Under Section 12184a, Laws of Missouri 1933, page 358, County Court may not issue warrants now or in the future to pay back indebtedness and pool and pledge them under said Section; the Section only applies to warrants already issued and outstanding; such construction compelled by provisions of County Budget Act.
66-33 Apr 12 COUNTY COLLECTOR. Maximum amount in commissions County Collectors can retain as compensation.
66-33 Apr 16 LIQUOR. Wholesale permittee cannot sell to another wholesale permittee—Permittee for consumption where sold cannot sell in original package to be consumed elsewhere than where sold.
66-33 May 19 LIQUOR. The use of beer on trains with diner attached.
66-33 May 20 TREASURER’S DRAFT. Not required to be surrendered to endorser.
66-33 May 24 WORKMEN’S COMPENSATION COMMISSION.
ATTORNEYS AT LAW.
To represent a claimant before the commission one must be a member of the Bar.
66-33 June 1 AWARD. Right of Mortgagee to award made under condemnation proceedings.
66-33 June 15 PAPER AND STATIONERY. Duties of Commissioners of Public Printing under Sec. 13806 R. S. of Mo. 1929 in view of Senate Bill 192.
66-33 June 30 LIQUOR. Successor to Food and Drug Commissioner.
66-33 July 10 INSURANCE. Mutual casualty companies organized under Article 7, Chapter 37, is entitled to license to write surety insurance.
66-33 July 14 CONTRACT. Workmen’s Compensation Commission, right to terminate Tabulating Machine Company contract at end of quarter.
66-33 Aug 21 STATE TREASURER. Right to make sales of real and personal property in view of State Purchasing Act.
66-33 Aug 29 STATE HIGHWAY DEPARTMENT. Salaries of all employees.
66-33 Aug 30 ARSON. Burning of unoccupied dwelling house by owner is criminal offense.
66-33 Sept 30 TAXATION.
ASSESSMENTS.
Separation of powers of County Assessor and City Assessor within such county.
66-33 Oct 27 TAXATION. Institution of suits not stayed by Senate Bill 80.
67-33 Sept 11 JURIES. Board of Jury Commissioners in counties of 200,000 to 400,000 inhabitants receive no compensation, and have no power to appoint clerks or assistants.
67-33 Nov 29 LEGAL PUBLICATIONS. What newspaper may be selected for publication under R. S. Mo. 1929, Sec. 7074 when no newspaper published in city.
69-33 Apr 8 COUNTY COURT. What may be accepted as collateral to secure county funds?
69-33 Apr 24 TOWNSHIP COLLECTOR’S BOND. Section 12279, R. S. 1929.
69-33 May 4 TAXATION OF CORPORATIONS. Business and manufacturing corporations taxed—9764 R. S. Mo. 1929.
69-33 May 29 INSURANCE DEPARTMENT. Bond of Superintendent may be signed by either or both natural persons or surety companies.
69-33 July 8 INSURANCE DEPARTMENT. What constitutes insurance contract and doing insurance business? Steuben Health Clinic.
69-33 July 18 DRAINS AND LEVEES. Duty of Drainage Districts to maintain and erect destroyed bridges.
69-33 Sept 12 INSURANCE. When insurance company liable for premium tax – Mutual Benefit Health and Accident Association of Omaha, Nebraska.
69-33 Oct 9 NEPOTISM. Official is not related to wife’s sister’s husband within the prohibited degree; duty of Prosecuting Attorney to remove officials of his county who violate said constitutional provision.
69-33 Oct 20 LIQUOR. Criminal prosecution not appropriate for unlawfulness in declaring it to be a misdemeanor by the act.
69-33 Oct 27 INSURANCE. Approval of Declaration - Allied Mutual Insurance Company.
69-33 Nov 3 Hon. John B. Owen WITHDRAWN
70-33 Jan 10 CROSS EXAMINATION. Cross examination of witness about prior conviction even though appeal from said conviction was pending.
70-33 Apr 14 BONDING COMPANY. Bonding Company qualified in Missouri can sign county official’s bond – If County under township organization, County Treasurer must give bond as Treasurer also bond for school district money, and for money received as ex-officio collector – Treasurer failing to give bond and not inducted into office predecessor holds over until Treasurer either is inducted into office or gives bond and qualifies or does all three. Giving bond is a directory and not mandatory provision and has nothing to do with election and qualifying of Treasurer. If Treasurer gives bond after being inducted into office and before ouster proceedings filed, Treasurer cannot be ousted for failure to give bond.
70-33 July 13 MOTOR VEHICLES. Act relating to transportation of persons and property by motor vehicle; penalty for violation thereof.
70-33 July 14 TAXATION. Real estate in the custody of guardian for an insane war veteran may be taxed for state and local purposes.
70-33 Sept 13 SHERIFF. Fees of Sheriff of Macon Co. in extradition proceedings.
70-33 Oct 18 EXTRADITION. Sufficiency of information.
70-33 Dec 5 LIQUOR. Constitutionality of SB 51.
70-33 Dec 6 EXTRADITION. A person paroled from one state and parole thereafter revoked is a fugitive from justice within the purview of the extradition laws.
71-33 Feb 1 BONDS.
PENAL-PRISONS
Regarding authority for payment of premiums on bonds of state officials.
71-33 Feb 6 PAROLES. Right of commissioners of the Department of Penal Institutions to approve parole and grant legal discharge.
71-33 Feb 9 APPROPRIATIONS.
PENAL-PRISONS.
Holding appropriations for state penal board are not available after the two calendar years expires for which the appropriations are made.
71-33 Feb 11 PENAL INSTITUTION.
CONVICTS.
What days are holidays for convicts?
71-33 Mar 9 PENAL INSTITUTIONS. Selection of depository, right to preferences in failed banks.
71-33 Mar 13 PENAL INSTITUTIONS. Right to terminate contract for manufacture goods.
71-33 Apr 3 PENAL INSTITUTIONS. Right to pay out money convicts acquired under Section 8402 Revised Statutes Missouri 1929.
71-33 Apr 11 PENAL INSTITUTIONS. What liability insurance, if any, to be carried by Department of Penal Institutions.
71-33 May 11 PENAL INSTITUTIONS. State Purchasing Agent has the right when Senate Bill 192 goes into effect to make all purchases heretofore made by the Department of Penal Institutions.
71-33 May 19 BANK AND BANKING. Collection charges on bank drafts cleared during bank holiday.
71-33 Aug 17 RELIEF OF INSOLVENT CRIMINALS CONFINED. Construction of Section 3859 R. S. Mo. 1929.
71-33 Aug 23 CRIMINAL LAW. Misbranding of motor oil an offense under Section 4302, R. S. Mo. 1929.
72-33 Feb 2 CONSTITUTION. Sec 13 of Article V of the Constitution of Missouri, adopted Nov. 8, 1932, is self-enforcing.
72-33 Feb 13 COUNTY RECORDER OF DEEDS. Marriage license blanks, by whom furnished, Section 11527, R. S. Mo. 1929.
72-33 Mar 6 COUNTY COURTS. Power of County Courts to compromise taxes after State Board of Equalization has fixed assessed valuations.
72-33 June 13 HIGH SCHOOL. School District has right to charge tuition on non-residents, the rate to be determined under Sections 14 and 16, Laws of Missouri, 1931, pages 342-344.
72-33 June 15 TAXATION.
CONSTITUTION.
Property occupied by state militia or National Guard as armories not exempt from taxation.
Section 13870 violates Sections 6 and 7 of Article X of the Constitution of the State of Missouri.
72-33 Sept 26 CITIES, TOWNS AND VILLAGES. City Council may not appoint Councilman to remunerate his position under City contract.
72-33 Oct 18 TAXATION AND REVENUE. Laws of Missouri 1933, page 419, imposing upon County Clerk the duty to ascertain benefits in the assessment of drainage and levee districts, makes no provision for compensating the Clerk for such services.
72-33 Dec 12 PUBLIC SERVICE COMMISSION.
TRUCK PERMIT.
MOTOR VEHICLES.
Trucks of one and one-half ton capacity and less not required to pay truck permit license. Capacity measured how.
72-33 Dec 12 GAME AND FISH COMMISSIONER. Game and Fish Commissioner and his deputies have a right to inspect hunting licenses of hunters under what circumstances.
73-33 Feb 11 COUNTY ASSESSORS. Fees to be paid. Section 9806 R. S. Mo. 1929.
73-33 Feb 23 STATE HIGHWAY.
COUNTY HIGHWAY DEPARTMENT.
Duties, power and rights of State Highway Department and County, under Article 2, Chapter 42, to grade and construct roads with the county.
73-33 Mar 31 Hon. Leo Politte WITHDRAWN
73-33 Apr 3 SCHOOL. Majority of tax payers voting at election under Sec. 9225 R. S. Mo. 1929, increases tax levy; and who is a taxpayer.
73-33 May 15 FEES. Sheriff in this case not entitled to $1.25 a day fee for keeping prisoner while undergoing examination preparatory to commitment.
73-33 June 1 DRAINAGE DISTRICTS. Board of Supervisors cannot appoint special collectors to collect tax when the county collectors refuse to give bond for same.
73-33 June 30 LIQUOR. Permit required to sell beer from whom?
73-33 Oct 11 PUBLIC FUNDS. Under Section 12186, R. S. Mo. 1929, interest accruing on school funds in public depository shall be credited to school funds respectively, and not otherwise.
74-33 Oct 7 TAXATION. Judgment for taxes rendered prior to 4-13-33 not subject to Senate Bill 80.
75-33 Mar 7 COUNTY COURT. Power to employ one of their own members to perform administrative acts.
75-33 Apr 21 TAXATION. Deposits in United States postal depositories held taxable.
75-33 Apr 24 TOWNSHIP. Requirements of bond for township depository and county depository; also personal bond for township trustee.
75-33 June 2 HIGHWAY ENGINEER. Power and authority of County Court to remove Highway Engineer, where he is not ex officio Highway Engineer.
75-33 July 13 AUTOMOBILE LICENSE. Provisions relating to revocation of.
75-33 July 27 Hon. Owen C. Rawlings WITHDRAWN
75-33 July 28 LIQUOR. Various questions answered concerning the Beer Bill.
75-33 Sept 27 ALIENS. The right of a Hindu to own real estate in Missouri.
75-33 Oct 30 PUBLIC SCHOOLS. Under Sec. 9329 Laws of Mo. 1931, p. 333, when there is an equal division of the Board in the hiring of a teacher, the Co. Sup’t. has authority when requested by three directors to cast the deciding vote.
76-33 Jan 10 COUNTY COURT. Right to compromise back taxes.
76-33 Jan 13 TOWNSHIP ORGANIZATION LAW. Right to repeal enabling act carrying out Sec. 8 of the Constitution of Mo. and filling vacancies in office caused by such repeal.
76-33 Jan 30 Hon. E.L. Redman WITHDRAWN
76-33 Feb 4 SOLDIERS HOME. Board of Trustees of Soldiers Home at Higginsville, Missouri, has authority to appoint and employ superintendent for that Home.
76-33 Feb 4 COUNTY COURT. Right to regulate directions and locations of billboards.
76-33 Feb 28 PENAL INSTITUTIONS. Right of officer to make contract beyond his term. Right of Penal Board to make contract without approval of Governor.
76-33 Oct 20 OFFICERS. In view of Section 11202, county officer may not be removed except for neglect of duty, as specified in Section 11202; mere arbitrary removal or for cause not specified therein would be illegal.
77-33 Mar 8 CORONER. Duty to hold inquest, When.
77-33 Mar 14 COUNTY COURT-SCHOOL MORTGAGES. (1) Cannot accept deed but must foreclose mortgage;
(2) Has discretion when to foreclose; in meantime can accept part payment if without extending;
(3) If bid in by county, must be in name of whom.
77-33 Mar 24 SHERIFF. Right of sheriff to practice law.
77-33 May 2 LIQUOR.
SALE OF NON-INTOXICATING BEER.
Sale for consumption on premises and sale for consumption off of premises by holders of the two classes of retail permits. When illegal.
77-33 July 28 SCHOOLS.
SCHOOL DISTRICTS.
Issuing of warrants by a school director.
77-33 Oct 17 NEPOTISM. While appointments prohibited by Section 13 of Article XIV are illegal, members of the board voting for related teacher, until they resign or have been removed, may function as directors and their actions bind the district; board may not date contract back so as to reward teacher for services performed under illegal contract voted by related directors.
77-33 Oct 21 FEES OF COUNTY CLERK. 1. County clerk making up tax books and using ditto marks to designate townships and ranges allowed to charge for same at rate of ten cents per hundred words and figures.
2. County clerk not allowed to charge for writing the minutes of the County Court Record from which the record of the court is written.
77-33 Nov 26 SCHOOLS.
SCHOOL DISTRICTS.
Under Section 9217, R. S. Mo. 1929, school districts must accept colored students and then collect the tuition quarterly from the school district sending them.
78-33 Feb 24 CITIES, TOWNS AND VILLAGES.
RIGHT OF WAY.
Has the City of the third class (Excelsior Springs) the right to deed to the State Highway Commission right of way through public parks for highway road purposes.
78-33 Apr 13 SCHOOLS. Cannot employ member of school board as teacher and should not employ member for other work. (Sec. 9360 R. S. 1929, does not apply).
78-33 May 13 Hon. Raymond S. Roberts WITHDRAWN
78-33 May 25 CHATTEL MORTGAGES. Can a contract for a crop mortgage be filed as a chattel mortgage; priority question.
78-33 May 29 MARRIAGE LICENSE. When marriage license becomes a public record.
78-33 June 12 SCHOOL DISTRICTS. Directors of school district cannot be compelled to draw warrants where funds are not available, but such fact is not decisive as to district’s liability for debt.
78-33 Aug 14 COUNTY DEPOSITORY. Liability of County Treasurer on official bond where no depositary bond given.
78-33 Aug 22 NATIONAL RECOVERY ADMINISTRATION. Hours of work for grocers.
78-33 Aug 24 TAXATION. Operative dates of Sections 9969 and 9952 as contained in Senate Bill 94, respecting penalties.
78-33 Aug 25 BUS AND TRUCK LAW. When a violation of the same.
78-33 Aug 29 BLIND PENSIONS. Fees of Probate Judges for taking applications for blind pensions.
78-33 Sept 6 COUNTY DEPOSITORIES. County funds preferred claims in National Banks; where no bids submitted for county funds; county authority to buy U. S. Bonds; power of county treasurer to select depository; Construction of Federal Banking Act on insured deposits.
78-33 Sept 20 MERCHANT’S LICENSE. Authority of City to levy on Wholesale and retail business.
78-33 Sept 23 COUNTY DEPOSITORY. Liability of County Treasurer in event no selection by County Court.
78-33 Oct 19 TAXATION AND REVENUE. Laws of Missouri 1933, pages 255-267 of the Beer Act does not exempt beer from general property taxes. The prohibition contained in Section 13139z10 only forbids cities and counties from levying license and occupation taxes against holders of permits.
78-33 Nov 16 TAXATION.
REVENUE.
Grain stored in elevators is subject to taxation against the individual owner or corporation owner, according to the general laws regulating other property.
79-33 Mar 11 MOTOR VEHICLES. Trucks used in State work exempted from regulation by Public Service Commission.
79-33 Mar 17 GAME AND FISH DEPARTMENT. Right to prosecute for possession of more than twenty-five game fish.
79-33 Apr 26 PUBLIC SERVICE COMMISSION. What constitutes “suburban territory” in Sec. 5264, 1931 Laws, p. 305?
79-33 May 9 BLIND PERSONS. Maintained in public, private or endowed institutions.
79-33 May 20 RECIPROCITY LICENSE LAW. Applies to persons operating under Kansas license tags.
79-33 May 22 BLUE SKY DEPARTMENT.
CORPORATIONS.
Corporation cannot act beyond the corporate powers and Blue Sky Commissioner cannot supervise securities unlawfully issued.
79-33 Aug 23 COUNTY DEPOSITORY BOND. Does not cover funds deposited by County Collector under Section 9885, Laws of 1933, page 464.
79-33 Aug 26 SECURITIES DEALER’S BOND. Under Section 7744 R. S. Mo. 1929, the total aggregate liability of surety on Securities Dealer’s Bond is limited to $5,000.00.
79-33 Sept 21 SECURITIES. Credit union to pay examination fees.
79-33 Sept 22 ABSENTEE VOTING. Authority and method in City Election.
79-33 Oct 4 NEPOTISM. Public officer receiving personal service from wife does not violate Section 13 of Article XIV, where wife is not appointed to an official position.
79-33 Oct 18 CORPORATIONS, EXTENSION OF FRANCHISE. Building and loan associations are required to pay the fees required under the general corporation laws, Section 4556, and may not extend corporate existence by merely paying the $5.00 provided for in Section 5613, Laws 1931, page 158.
79-33 Oct 20 INVESTMENT CERTIFICATES. Investment certificates used by corporations making loans on automobiles are under the supervision of the Securities Dep’t. of the State of Mo.
79-33 Oct 27 COMMISSION FOR THE BLIND. Scope of, powers and duties of.
79-33 Nov 27 SCHOOLS.
SCHOOL DISTRICTS.
Distance of pupil from school house calculated, how.
80-33 Feb 14 RECORDER OF DEEDS.
CHATTEL MORTGAGES.
Duty of recorder with reference to filing and recording. Sections 11543, 11544 and 11545. R. S. Mo. 1929.
80-33 Feb 14 COUNTY COURTS.
SCHOOL FUND MORTGAGE.
Procedure required to foreclose.
80-33 Apr 14 PENAL INSTITUTIONS. Form of sentence of trial court in sentencing to Intermediate Reformatory. Transfer of inmates to Intermediate Reformatory.
80-33 May 12 NOTARIES PUBLIC. Deputy Circuit Clerks may take acknowledgments of affidavits of age for marriage licenses.
80-33 May 20 CONSTABLE FEES. Applicability of Section 11777 and Section 11791 as to fees of Constables.
80-33 June 23 ELECTIONS-SPECIAL.
SHERIFF-VACANCY IN OFFICE.
Nominations of candidates in special election to fill vacancy in sheriff’s office must be made by central committee or by convention.
80-33 June 26 BANKS AND BANKING. Delinquent taxes are a preferred claim against the assets of a closed bank.
80-33 July 15 COUNTY JUDGES. Laws 1933, re population determining salaries. Does not affect present judges holding office.
80-33 July 17 PENAL INSTITUTIONS. Right to re-number convict on re-sentence.
80-33 Aug 5 PENAL INSTITUTIONS. Sentence required to be served after return of subject from insane hospital.
80-33 Aug 21 COUNTY FOREIGN INSURANCE TAX FUND. Sec. 38, Laws of Mo. 1933, p. 85 held unconstitutional.
80-33 Aug 28 EXTRADITION. Officers’ expenses are paid – in what manner.
80-33 Sept 27 OFFICERS.
EMPLOYEES.
No person entitled to compensation as de facto officer or employee unless there is a legal office.
80-33 Sept 29 SCHOOL DISTRICTS. Where there are less than eight colored children of school age in a school district, they shall be sent to school in the nearest district where separate colored schools are maintained.
80-33 Oct 21 ELECTION COMMISSIONER. Election Commissioner of St. Louis County ineligible for appointment to office auditorium commission of City of St. Louis, Mo., under Section 10535 R. S. Mo. 1929.
80-33 Nov 9 PENITENTIARY.
WARDEN.
CONVICT.
Authority of law to imprison convicts.
80-33 Nov 14 Mr. William H. Sapp WITHDRAWN
80-33 Nov 15 CONVICTS.
JUDGMENT IN CRIMINAL CASES.
Sentences for escaped convicts to be cumulative.
81-33 Jan 10 SCHOOLS. Sec. 9340, R.S. 1929, requiring county and township collectors to turn over school moneys of city, town and consolidated districts to treasurer of board of education thereof, modifies Sec. 9264 and 9266, requiring such moneys for all classes of schools paid to county treasurer.
81-33 Jan 13 SCHOOLS. Section 9217, R.S. 1929, requiring districts to maintain separate schools for negro children resident therein, or in lieu thereof transportation to and tuition in such a school in the county, on penalty for failure of being deprived of public schools funds, is mandatory and State Superintendent of Public Schools should ascertain facts and act thereon in apportioning such funds.
81-33 July 26 COUNTY ENGINEERS. St. Louis County – right to hire and fire employees of Highway Department.
81-33 Oct 26 COUNTY WARRANTS. Warrants, school or county, of 1932 issue cannot be paid out of 1933 revenue. Sec. 12140, R.S. Mo. 1929 is the guide for the County Treasurer in the payment of warrants.
81-33 Dec 13 LIQUOR.
WHOLESALE DRUGGISTS.
Right of Wholesale Druggists to import whiskey for medicinal purposes and ship it to their retail drug customers for medicinal purposes.
82-33 Jan 28 NON-RESIDENT ATTORNEYS. Effect of prior disbarment in this state, construction of – Sec. 11692, 11693, 11696, Sec. 11703, 11695, R.S. Mo. 1929.
82-33 Mar 8 CORPORATIONS. Incorporation fees, similarity in names.
82-33 Apr 5 FOREIGN CORPORATIONS.
CORPORATION SUPERVISOR.
Foreign corporations not entitled to transact business in this state unless qualified.
82-33 Apr 12 NOTARY COMMISSION. Valid if issued on April 13th, Jefferson Day.
83-33 Jan 16 SENATE BILLS. Senate Bill No. 427 is unconstitutional.
83-33 Sept 15 RECORDER OF DEEDS. Affidavits to release deeds of trust if glued in permanent book comply with the statute relative to recording.
83-33 Sept 26 LEGISLATURE. Election of officers at an extra session.
83-33 Nov 14 TAXATION.
COUNTY COLLECTORS.
County Collectors have no right to charge County Court for “indexing tax books”.
83-33 Nov 29 JUSTICE OF THE PEACE. Applicability of R.S. 1929, Sec. 938 to actions in justices’ courts so as to allow continuances when party or counsel is at session of General Assembly as member thereof.
84-33 May 23 LOSS BY THEFT OF STATE FUNDS BY AN OFFICER. The officer and his bondsmen are responsible for same.
84-33 Oct 21 TAXATION. Cities are not exempt from paying state gasoline tax on gasoline purchased; occupation taxes upon gasoline dealers levied by cities apply to purchases made by state and its political subdivisions.
84-33 Dec 6 COUNTY COURTS. May reduce compensation of County Treasurer during term of office.
85-33 Jan 26 DISTRICT ROAD FUND. Section 8047 and 8060, R.S. Mo. 1929.
85-33 June 21 COUNTY FARM BUREAU. Suggestion and citation of cases to support county defense in suit by Bureau for appropriation.
85-33 Oct 11 TAXATION. Fact that a foreign insurance company pays tax upon premiums does not excuse it from paying a property tax upon office of fixtures located within the State; livestock located within this State on June 1st is taxable in the name of the holder or agent though owner is a non-resident.
85-33 Oct 13 LIQUOR. Quantities of beer stored in county is subject to property tax, even though owner is a holder of a beer permit.
85-33 Nov 10 COUNTY BUDGET LAW.
COUNTY TREASURER.
In 1934 treasurer should be personally liable for payment of protesting of warrant prior to the date of the filing of the budget, but will not be personally liable for protesting warrants presented in 1933.
86-33 Aug 1 NATIONAL RECOVERY ADMINISTRATION. Would an agreement entered into by business men as to time for opening and closing of stores, also number of employee work hours per week be contrary to existing state law?
86-33 Dec 16 LABOR DEPARTMENT. Missouri State Nurses Association is not employment agency within Section 13190, R. S. Mo. 1929.
87-33 June 1 SCHOOLS. Rolla School of Mines, handling of funds.
87-33 June 7 ACCOUNTS. Accounts in State Auditor’s office with various departments must be carried according to the appropriations made in House Bill 661, and it is not permissible to group these various divisions for which appropriations are made and carry the aggregate appropriation made for each department in one item.
87-33 June 10 APPROPRIATIONS.
BLIND PENSION FUND.
Sec. 2-a of House Bill 645 is unconstitutional. Surplus of fund after payment to pensioners and providing for adequate support of Commission must be transferred, if at all, to Public School Fund created under and by virtue of Sec. 6 of Art. XI.
87-33 July 13 BANKS.
SCHOOLS.
Board of Curators of Rolla School of Mines may withdraw cash from depository for emergency purposes and keep the same as a trust fund in a bank at Rolla, Missouri, to be re-delivered on order of the treasurer or board.
87-33 Aug 3 COSTS. Informant in insanity matter may be required to give bond for costs under Section 1237 if non-resident before suit is commenced, and if a resident and unsettled in his affairs, may be required to give security under Section 1238 after suit is commenced.
87-33 Sept 22 CITY COUNCIL-COUNCILMEN. Qualifications and Residence of Councilmen in Cities of the 3rd Class.
87-33 Oct 7 Mr. Lon Stanton WITHDRAWN
87-33 Nov 29 TAXATION-CITIES, TOWNS AND VILLAGES.
CITY TAXES.
Cities of the third class collected under Senate Bill 94.
88-33 Jan 12 COUNTY COLLECTOR. County Collector must collect penalties on delinquent taxes, and County Court has no authority to remit the penalties on taxes and school districts have no power to remit penalties on delinquent taxes.
88-33 Feb 16 SCHOOLS. Authority of School Boards in consolidated high schools and schools having six directors to decide the location and erecting of new buildings.
88-33 Mar 21 BANKS AND BANKING.
GRAND JURY.
TELEPHONE.
Opinion Letter to Hon. William E. Stewart
88-33 May 6 SCHOOLS.
ORGANIZATION OF BOARD.
Law requiring board to be organized within four days not compulsory but merely directory. Three members of school board, in case of division of whole board, can call in County Superintendent who shall be considered a member of board for that purpose.
88-33 May 26 NEPOTISM. Road overseer may not appoint sons to employment – County Court may remove or removable by quo warranto.
88-33 July 18 ELEEMOSYNARY INSTITUTIONS. Counties liable for clothing of charity patients in Missouri State School.
88-33 July 28 ELECTIONS. Registration and special election under the Week’s Bill.
88-33 Aug 3 LIQUOR. House Bill Number 23 does not provide a punishment for sale of beer outside of the premises described in the permit. A person having a permit under Subdivision C of Section 13139e may also have a permit under Subdivision D of Section 13139e, otherwise one person is not entitled to two permits. License cannot be transferred from town to town.
88-33 Aug 22 STATE HIGHWAY COMMISSION. Salaries of Chief Counsel and legal Assistants.
88-33 Sept 1 ELECTIONS AND REGISTRATION. Cities of between 10,000 and 30,000 population are required to have registrations, under the provisions of Laws of 1933, pages 239-249.
88-33 Sept 1 SHERIFF. Duties and fees:
(1) Duty in regard to meeting of County Board of Equalization;
(2) Duty in regard to summoning appraisers;
(3) Fees for bringing prisoners from other counties.
(4) Fees in extradition proceedings; Fees in transferring prisoners from County jail to penitentiary.
88-33 Sept 12 STATE HIGHWAY DEPARTMENT. Supplemental opinion of salaries of Legal Department.
88-33 Oct 14 PUBLIC SCHOOLS. Any pupil between ages of 6 and 20 has right to do eighth grade work over after having received diploma and has right to use of free text books.
88-33 Oct 23 SCHOOLS. A contract with a bus company for free transportation of students is illegal because it does not conform to Section 9197, R. S. Mo. 1929.
88-33 Nov 10 HIGHWAYS. Authorization of state officials to take necessary steps to secure federal aid.
89-33 Apr 7 SCHOOL DISTRICTS. Limit of levy for maintenance. Constitution, Sec. 11, Article X.
89-33 Apr 13 Hon. Edward D. Summers WITHDRAWN
89-33 Aug 25 TAXATION. Federal check tax does not apply to County warrants.
89-33 Sept 1 ANTI-TRUST LAWS. Proposed agreement between Westinghouse Electric Manufacturing Company of Pittsburgh, Pennsylvania, and Superior Electric Products Corporation of Saint Louis, Missouri, to the anti-trust laws of Missouri.
89-33 Oct 18 PAYMENTS OF PAST INDEBTEDNESS OF A COUNTY. County Courts cannot pay criminal cost incurred in past years from current revenue.
90-33 Apr 26 NEPOTISM. Applies to officials and employees of cities of all classes in the State of Missouri.
90-33 Apr 27 BUILDING AND LOAN. A – Power of Directors to amend by-laws.
B – Power of Directors to amend by-laws when present by-laws specifically give Board such power.
90-33 Sept 13 NEPOTISM. Section 13 of Article 14 of the Constitution not violated because teacher marries daughter of director, or because daughter of director is elected by other directors when the related director was not present, had no knowledge and does not participate in her election.
90-33 Nov 3 LEGISLATURE. Power to designate Supervisor of Food & Drugs administrative head of Liquor Control Acts.
91-33 Mar 13 SCHOOL FUND MORTGAGE. State is not affected by the laches of its agents in the management and care of school funds.
91-33 Mar 28 INSURANCE COMPANY. Right of insurance company to loan money on bank stock as collateral.
91-33 May 11 INSURANCE DEPARTMENT.
CORPORATIONS.
Insurance companies may increase capital stock and issue preferred or common stock therefor and fix the priorities, preferences and voting power of such stock.
91-33 May 12 INSURANCE DEPARTMENT. What constitutes an insurance contract and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
91-33 May 19 INSURANCE DEPARTMENT.
CORPORATIONS.
Any insurance company incorporated under Section 5793 R.S. 1929, may increase its capital and issue common or preferred stock therefor and fix the priorities, preferences and voting power of the preferred stock.
91-33 June 1 TAXATION OF INSURANCE COMPANIES. Insurance Company, though purporting to be organized as an assessment company in foreign states, is taxable under section 5979, where it does business in this State.
91-33 June 8 INSURANCE DEPARTMENT. What constitutes an insurance contract and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
91-33 June 8 INSURANCE DEPARTMENT. Insurance Company has right to reduce capital stock under Section 5915, by surrendering stock and distributing surplus assets.
91-33 June 15 INSURANCE CORPORATIONS. Insurance Company organized under article 4, chapter 37, R. S. Mo. 1929, may incorporate for perpetual term.
91-33 June 17 TAXATION AND REVENUE. County Courts may compromise “back taxes” under the requirements of Section 9950 R. S. Mo. 1929.
91-33 June 20 INTERMEDIATE REFORMATORY. Commitments at intermediate reformatory to commence when?
92-33 Jan 31 STATE TREASURER. Right to collect interest on state deposits after losing of state depository.
92-33 Feb 7 ASSESSORS. Fees for assessment lists, authority to make in absence of return.
92-33 Feb 7 COUNTY CLERKS, DEPUTY HIRE. Sec. 11811 counties over seven thousand and less than forty thousand.
92-33 Feb 7 CONSTABLE. Holding office until successor is elected and qualified.
92-33 Apr 21 GENERAL ASSEMBLY. Sec. 46, Art. IV, Mo. Constitution of 1875 forbids payment by General Assembly of counsel fee of contestor or contestee in contest for seat in lower House of Mo. General Assembly.
92-33 May 4 INSURANCE COMPANY. Insurance Company agreeing to accept assignment of unearned premium due from solvent company constitutes discrimination and rebating.
94-33 Sept 16 FEDERAL AID. Authority to issue bonds for municipal improvements.
94-33 Oct 5 NEPOTISM. The fact that teacher not related to director at time of appointment afterwards becomes related within the fourth degree will not work a forfeiture of office.
95-33 July 22 ELECTIONS. City of St. Louis “Qualified electors” under Weeks Bill defined. Who eligible to vote?
95-33 Aug 3 ELECTIONS. Weeks Bill.
96-33 Jan 25 Hon. Gordon Weir WITHDRAWN
96-33 Mar 16 MERCHANTS TAX. Remitting Merchants Tax by collector – Duty of.
96-33 May 18 SCHOOLS. City, Town and consolidated school districts must advertise and secure depositaries for their funds under Section 9362 and take bond to secure same as provided for under Section 12187.
96-33 June 12 STATE LIEN. State lien for taxes attached to Insurance only when liability on the company: Tax lien taxes to Insurance money payable as damages to the particular tract against which taxes are assessed.
96-33 Nov 4 PROSECUTING ATTORNEY. Cannot recover a refund of salary overpaid to him since January 1, 1931.
97-33 Oct 17 CLERKS OF COURTS OF RECORD. (1) Power of Circuit Clerk to appoint deputy;
(2) Sec. 11812, Laws of 1933, p. 371 governs appointment of deputy since July 24, 1933.
97-33 Nov 21 PROSECUTING ATTORNEYS.
BONDS OR RECOGNIZANCES FORFEITURE.
Special prosecuting attorneys may be appointed by court.
98-33 Mar 9 MOTOR VEHICLES. Who required to register as registered operators?
98-33 July 7 CONFEDERATE HOME.
ELEEMOSYNARY INSTITUTIONS.
Receipts of sale of products from farm operated by home not to be transmitted to state treasurer.
98-33 Oct 5 Miss Agnes Mae Wilson WITHDRAWN
98-33 Oct 12 NEPOTISM. Where Board votes unanimously in favor of teacher, director who is first cousin of teacher violates Section 13 of Article XIV of the Constitution of Missouri.
98-33 Nov 25 ROADS & BRIDGES. Special tax on distributable property of utility companies apportioned to districts wherein property located.
98-33 Nov 28 ROADS AND BRIDGES. Refund for bridges of Missouri River to be made under Section 8129, R. S. Mo. 1929. Refund received, if in cash, should be paid to county, city or road district which advanced funds in the first instance.
98-33 Dec 16 TAXATION. Grain stored in elevator subject to taxation.
98-33 Dec 30 SCHOOL FUND.
COUNTY OFFICERS.
Money in county school fund or township fund withdrawn from treasury by warrant or order by board of directors or treasurer.
99-33 Sept 15 POLICE OFFICER. Special motorcycle police in Carterville.
99-33 Dec 8 TAXATION-SALES TAX.
CONSTITUTION.
House Bill No. 5 pending before the 57th General Assembly is unconstitutional.
99-33 Dec 21 SALARY OF DEPUTY CIRCUIT CLERKS. County Court has right to fix salary of deputy circuit clerks immediately on the becoming effective of section 11812, Laws 1933, page 371, without regard to present deputy clerks assumed fixed term of office.