1934 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-34 Feb 16 DISTRICTS. Book Fund can only be used for the purchase of free textbooks.
1-34 Mar 1 VOTING. Members of Citizens Conservation Camp are entitled to vote in Missouri. When?
1-34 Mar 5 DEPOSITIONS. State not compelled to pay cost of depositions taken at a preliminary hearing when defendant is discharged. Depositions taken outside state by defendant for use at trial are legal costs to be paid by State if defendant is discharged.
1-34 July 12 Hon. Herbert M. Adams WITHDRAWN
1-34 July 28 ELECTIONS. Candidate is not entitled to have name printed on official ballot unless he complies with Sections 10257 and 10258 at least sixty days before the primary.
1-34 Oct 15 CORPORATIONS.
COMPANIES.
Cooperative organizations cannot be organized under Article XXIX, Chapter 87, R. S. Mo. 1929, for the sole purpose of operating a cooperative oil company, but may so operate under Article IX, Chapter 32, R. S. Mo. 1929.
1-34 Oct 23 TRADE-MARK.
ABANDONMENT.
Evidence not sufficient to constitute abandonment of Trade-Mark.
1-34 Oct 31 ELECTIONS. Moving of election place from general store to basement of Methodist Parsonage would not invalidate returns unless fraud existed. It is illegal for candidate to remain in voting booth or voting precinct and electioneer for themselves or anyone else.
2-34 Mar 3 SCHOOLS.
SCHOOL DISTRICTS.
Child whose parents do not support her and who is making a permanent or temporary home with her grandmother, is entitled to be educated in the district in which she lives, without the payment of tuition.
2-34 May 8 COUNTY COLLECTOR. After Dec. 31, 1936 in counties of less than 40,000 inhabitants, the county collector is to assume duties of county treasurer and is to receive no additional compensation therefor.
2-34 June 1 MUNICIPALITIES. Construction of Charter provisions of Maplewood, Mo.
2-34 June 13 LIQUOR CONTROL ACT. Licensed wholesale distributor may employ agent and agent need not obtain a license.
2-34 June 28 COUNTY COLLECTOR.
COUNTY CLERK.
Costs collectible from the taxpayer, when.
Collector entitled to pay for making list of delinquent taxes although not collected until term of office expires.
2-34 July 10 Hon. E. W. Allison WITHDRAWN
2-34 July 18 SCHOOL DISTRICTS.
SCHOOL MONEYS.
DEPOSITORIES.
Board of Education of school district required to select a depository in the same manner as county courts, and treasurer of school district is liable for loss of funds not deposited in such depository.
2-34 Aug 20 HOME OWNERS’ LOAN CORPORATION. County Court cannot make a compromise settlement of loans made out of county school fund, nor accept what can be loaned by H. O. L. C. thereafter.
2-34 Aug 21 LOTTERIES.
PROSECUTING ATTORNEY.
“Suit Club” whereby weekly amount paid for certain period with a chance to get suit before end of period held violation of section 4314 R.S. Mo. 1929 against lotteries.
3-34 Mar 23 NEPOTISM. Under Section 8026, R. S. Mo. 1929, Mayor, City Council and Judges of the County Court elect Commissioners. If one member of City Council participates in the election of relative within prohibited degree, such election would be illegal.
3-34 Sept 11 CRIMES AND PUNISHMENT. Under Section 4287, R. S. Mo. 1929, it is unlawful to operate slot machines.
3-34 Sept 12 LOTTERIES. Relating to the subject of lotteries as defined by our statutes and constitution.
3-34 Oct 31 ELECTIONS. Members of Federal Transient Camps are entitled to vote in the general election providing they possess the other necessary qualifications.
4-34 Feb 27 TOWNSHIP CLERK. Section 12293-12298, inclusive, or other sections of Chapter 86, R. S. Mo. 1929, do not require Clerk to itemize individual warrants in making report.
4-34 May 16 TAXATION. Collection of delinquent city taxes under Senate Bill 94 in cities.
4-34 Aug 31 CORPORATIONS, FOREIGN.
SECRETARY OF STATE.
Secretary of State cannot issue a license to a foreign corporation without statement of such corporation as to its capital stock authorized in Missouri.
5-34 Jan 29 PURCHASING AGENT ACT. Inapplicable to the University of Missouri.
5-34 Feb 22 COUNTY COURTS.
TAXES.
A County Court is without power to consolidate general revenue levy with county road and bridge levy; must make separate levies for each.
5-34 June 28 ELECTIONS. Under Section 10267a not necessary for the Board of Election Commissioners to print ballots for the Socialist Party in the County of St. Louis.
5-34 June 29 ELECTIONS. Judges of election may be appointed, even though a member of their family be a candidate for county office or central committee.
5-34 Nov 27 ROADS. Taxability of public roads and inclusion of land on which such roads are located in Assessor’s books.
6-34 Jan 9 NEPOTISM. Grain Sealer, whose duties are defined in House Bill No. 79, is subject in his appointment to the provisions of Section 13 of Article XIV of the Constitution of Missouri.
6-34 Feb 2 LIQUOR CONTROL ACT. Corporations may be licensed and Section 27 not applicable to them.
6-34 Feb 23 ELECTIONS. Absentee voters may vote in the city primary and at the city general election by absentee ballot providing laws of Mo. 1933 p. 219-224 are complied with.
6-34 Feb 26 BOARD OF ELECTION COMMISSIONERS. Authority to remove judges and clerks of election.
6-34 Apr 12 LIQUOR CONTROL ACT. No license necessary for a druggist to sell intoxicating liquor on prescription; it is unlawful for a pharmacist to refill any such prescriptions.
6-34 Apr 24 LIQUOR CONTROL ACT. Sec. 11, Art. 2, Constitution of Mo. has no application to a crime being committed in officer’s presence; when peace officer has reason to believe that an automobile is being used to transport intoxicating liquors in violation of laws of Mo., his search and seizure of liquors without a search or other warrant is not a violation of Sec. 11, Art. 2, Constitution of Mo.
6-34 May 24 LIQUOR CONTROL ACT. If retail dealer sells intoxicating liquor without obtaining license from County Court, it is violation of Sec. 24 of Liquor Control Act. County Court not authorized to license wholesalers, distillers, manufacturers or brewers.
6-34 June 14 LIQUOR CONTROL ACT. It is unlawful for holder of permit under Non-intoxicating Beer Act to have or allow another person to have, upon premises described in permit, any intoxicating liquor with alcoholic content in excess of 3.2 by weight, and holder of 3.2 permit is prohibited from obtaining license under Liquor Control Act.
6-34 Sept 6 MERCHANT TAXES.
PERSONAL PROPERTY.
TAXATION.
Clause 11, Section 9756, R.S. Mo. 1929, excludes only such merchandise from personal property tax as shall have been actually returned for taxation under the merchants tax law. (Section 10081, R.S. Mo. 1929).
6-34 Sept 7 TAXATION. Agencies of State Government required to pay both State and municipal gasoline taxes.
6-34 Oct 12 PROBATE COURTS. Nominee for Probate Judge of Pike Co. nominated by Democratic Party at primary was nominated for the regular term. County Democratic Committee should select someone to run for the special term.
6-34 Dec 5 COUNTY TREASURER. Laws Mo. 1933, p. 357 do not apply to Randolph County.
6-34 Dec 22 OFFICER.
SURETY BOND.
COUNTY COURT.
County Court must require new surety bond when newly elected member of the County Court is on the old bond, but this contingency does not make the new judge ineligible to the oath of office.
7-34 Jan 25 COUNTY TREASURER. An opinion on question of whether present county treasurers are eligible as candidates for office of county collector in election of 1934.
7-34 May 12 BANKS & BANKING. Right of subrogation of Federal Deposit Insurance Corporation in event of failure of banks in Missouri.
7-34 Aug 25 COUNTY TREASURER. County treasurer cannot serve as deputy to County Collector while remaining Treasurer.
8-34 Oct 2 Hon. Louis W. Block WITHDRAWN
9-34 Jan 23 COUNTY COURTS.
COLLECTORS’ BONDS.
Authorized to examine collector’s bonds. May be examined by County Court. “Additional Bond” means a new bond.
9-34 Jan 23 COUNTY FINANCIAL STATEMENT. Opinion relating to the annual financial statement of counties as provided under section 12165. Laws 1933, page 353.
9-34 Jan 24 SCHOOLS. An Opinion relating to payment of delinquent school warrants.
9-34 Dec 20 ELECTIONS. Necessity of registrar elect having property qualification in order to receive certificate of election.
10-34 Jan 18 DEPARTMENT OF AGRICULTURE - FARM - WAREHOUSE AT -  HOUSE BILL NO. 79. Act requires insurance to be carried on grain in Warehouse but may be waived by Federal Government.
10-34 Jan 19 FUNDS. “County public school fund”, “seminary fund” and “public school fund” discussed.
10-34 Jan 22 OPTOMETRY BOARD.
OFFICERS.
COMPENSATION.
FEES.
Members of State Board of Optometry are entitled to per diem for days necessarily used in travel to and from necessary meetings of the board, when travel is made by the usual and most direct route. Fraction of day spent in service at meeting taken as a whole day.
10-34 Mar 10 LIQUOR CONTROL ACT. County Court may charge for licenses issued to retail dealers.
10-34 Mar 12 LIQUOR CONTROL ACT. Country Club is not entitled to a license to sell intoxicating liquor by the drink unless located in city where sale by drink is authorized.
10-34 Mar 12 PROSECUTING ATTORNEY. Township assessor who fills a vacancy after a change in law as to compensation is entitled only to compensation under the old law until end of term.
10-34 Mar 15 STATE ATHLETIC COMMISSION. Has no authority to waive collection of tax provided by Sec. 12999, R.S. ’29.
10-34 May 16 SANATORIUM. Transportation of Patients to Missouri State Sanatorium and Compensation therefor.
10-34 June 1 COUNTY DEPOSITARIES. Rate of Interest to be paid by County Depositary for County funds.
10-34 July 9 LICENSES FOR CREAM STATIONS. Are milk and cream gathering routes entitled to be licensed as milk stations?
10-34 Aug 9 CRIME AND PUNISHMENT. Obtaining a signature to promissory note by false pretenses.
10-34 Aug 24 JACKSON COUNTY BOARD OF ELECTION COMMISSIONERS. May conduct intermediate registration in any manner they deem advisable.
10-34 Sept 4 LIQUOR CONTROL ACT. Intoxicating malt liquor is excepted from provisions of Sec. 13-a and may be sold by the drink providing other qualifications of act are complied with.
10-34 Sept 12 ICE CREAM. Manufacturer of ice cream operating chain of stores and selling ice cream at retail through said stores with no element of resale is a retail manufacturer and subject only to the $5.00 license tax under section 13071, Laws 1933, page 254.
10-34 Sept 18 OFFICERS OF COUNTY. One cannot be candidate for both the office of Justice of the Peace and Probate Judge at same time.
10-34 Oct 18 Hon. W. L. Bradford WITHDRAWN
10-34 Oct 23 UNCLAIMED MONEY. Who has right to money seized with gambling device when no claim is made therefor?
10-34 Nov 9 SCHOOLS. Right of non-resident pupils to attend in district where parent pays taxes.
10-34 Nov 16 OPTOMETRY, STATE BOARD OF. One who has passed state examination but has waited over five years before applying for a certificate of registration is not entitled thereto.
11-34 Jan 10 CORPORATIONS. A Foreign corporation incorporated to make loans, secured by real estate, chattel mortgages, or otherwise than to carry on a general mortgage business in all its forms may be domesticated in the State of Mo.
11-34 Jan 16 SECRETARY OF STATE.
LAND DEPARTMENT.
Right to patent land granted to Cairo and Fulton Railroad.
11-34 Jan 24 SECURITIES.
GUARDIAN FOUNDATION.
TRADE ACCEPTANCE CERTIFICATES.
Right to service on cost plus basis and subscription to education magazine if securities within R. S. Mo. 1929, Sec. 7734c.
11-34 Feb 14 TRADE-MARKS. Ownership and right to use trade-mark not to be determined by Secretary of State or this office; Secretary of State not required to make investigation to ascertain whether trade-mark registered will be used solely, and Act does not provide for cancellation of registration.
11-34 Mar 7 CIRCUIT CLERKS. Compensation beginning in 1935 – Pay of Deputies, and constitutional question of Laws 1933, p. 369.
11-34 Mar 19 BANKS AND BANKING. National Banks in Missouri have authority to pledge their assets to secure deposits of public funds to Secretary of State under Section 7784 R.S. 1929.
11-34 Mar 19 COUNTY SURVEYORS. Vacancy in office for failure to give bond within 60 days.
11-34 Mar 22 CITIES OF THIRD CLASS. Officers failing to comply with Sec. 6738, R.S. Mo. 1929 subject to an action in nature of mandamus.
11-34 Mar 22 COURT COSTS. Neither State nor county liable for expert witness fees.
11-34 Apr 12 TRADEMARK. Descriptive words not subject to registration.
11-34 Apr 17 NEPOTISM. A teacher whose grandmother is a half-sister to a director’s wife’s mother is not related within the fourth degree.
11-34 May 17 SECRETARY OF STATE.
PRINTING CONTRACT.
STATE PURCHASING AGENT.
State Purchasing Agent has no control over printing for Missouri Commission for the Blind but such printing is entitled to be done by the State Printing Commission.
11-34 May 31 ELECTIONS. Relating to the method by which absentee electors may cast their ballot in a general election or a primary.
11-34 May 31 CORPORATIONS. A person cannot act as director and vote in a corporation if he has executed his note for capital stock. If the note is executed for treasury stock such person can vote or act as a director.
11-34 June 18 ELECTIONS.
PRIMARY.
County clerk should publish election notices under provisions of Section 10262 independently of Sec. 10267A.
11-34 July 12 SECRETARY OF STATE. Trade mark must appear on design or article.
11-34 July 12 PENAL INSTITUTIONS. Sentences imposed at different terms of court run concurrently unless otherwise directed by the court.
11-34 July 18 ELECTIONS.
PRIMARY.
Whether or not candidates actually signed declaration a question of fact upon which the Secretary of State has no power to pass.
11-34 July 30 ELECTIONS. Necessity for Candidates of Minor Political Parties to File in Primaries.
11-34 Aug 3 SOLDIERS’ BONUS. Right of veteran to receive bonus with what exemption.
11-34 Aug 13 SHERIFF. Sheriff is entitled to ten cents a mile for execution of commitment where conviction had out in county in Justice Court where the distance if more than five miles.
11-34 Aug 21 TRADE-MARK. Articles need not be classified in application for registration.
11-34 Sept 18 ELECTIONS. Title to Constitutional Amendment.
11-34 Sept 21 Hon. Dwight H. Brown WITHDRAWN
11-34 Sept 27 COLLECTORS. Fees allowed under Sections 10880 and 10881 R.S. ’29.
11-34 Oct 1 CORPORATIONS. Loan and investment companies – right of incorporators of loan and investment company to include in original charter specific powers authorized for business and manufacturing companies by R. S. Mo. 1929, Sec. 4940.
11-34 Oct 6 ELECTIONS. State Socialist Committee may not fill county vacancy.
11-34 Nov 1 SECRETARY OF STATE.
BLUE SKY LAW.
SECURITIES ACT.
Certificate of interest in profit-sharing agreement defined.
11-34 Nov 12 COUNTY COURT. Must care for the poor of the county – cannot turn over funds to local representatives of Mo. Relief and Reconstruction Commission to be dispensed by them.
11-34 Nov 15 ELECTIONS. Beginning of terms of Senator and Congressmen elect.
11-34 Nov 29 ELECTIONS.
SECRETARY OF STATE.
Secretary of State to certify name of candidate receiving highest vote to Governor. No authority to pass on residence qualifications.
11-34 Dec 8 SECRETARY OF STATE.
RECORDER OF DEEDS.
OFFICERS.
Commissions should not issue to persons claiming to have been elected to the office of Recorder of Deeds in counties having less than 20,000 population.
11-34 Dec 12 ELECTIONS.
SECRETARY OF STATE.
Officer, such as county clerk, must pay over and account for all moneys received before eligible to office, Article II, Sec. 19, Missouri Constitution.
12-34 Jan 20 GAME AND FISH DEPARTMENT. Hunting license not required to kill rabbits on own premises.
12-34 Mar 16 ELECTIONS. Relating to election to fill office of marshal and collector at Ellington, Mo. in April, 1934. City marshal of city of 4th class, when elected at special election, is entitled to fill out unexpired term of his predecessor.
12-34 May 2 GAME AND FISH COMMISSIONER.
RIVERS.
Fences may be built in navigable streams, when.
12-34 May 4 RIVERS. Relating to navigable rivers in this state.
12-34 May 15 FISH AND GAME. Wild game (birds) cannot be sold or possessed under a special license from the Fish and Game Department.
12-34 July 23 VOTING. Members of Citizens Conservation Camp are entitled to vote in county and state elections, both as resident voters.
12-34 Sept 20 CONSTITUTIONAL LAW.
FEDERAL INSTRUMENTALITIES.
Applicability of Missouri motor fuel tax to sales to Farm Credit Administration.
12-34 Oct 12 GAME AND FISH COMMISSIONER. The word “householder” as used in Section 8246 defined. Election under Section 8246 could not be enjoined or prohibited.
13-34 Nov 1 CITIES, TOWNS & VILLAGES. Publication of notice to contractors for bids must be in accordance with Section 13745, R. S. Mo. 1929.
13-34 Nov 3 TAXATION. Publication for sale must be made in reasonable time before date of sale under Senate Bill 94, Laws of Mo. 1933, page 445.
13-34 Dec 19 NEPOTISM.
SCHOOL DISTRICTS.
Death of wife of director terminates the relationship by affinity, unless there are children of the marriage now living.
14-34 Jan 30 SCHOOLS. Under Section 9261, R. S. Mo. 1929, the maximum levy for school purposes is sixty-five cents in districts other than town districts.
14-34 Jan 30 AUTOMOBILE DEALERS. Automobile dealer opening branch offices in other towns must register each place of business maintained under a different dealer’s registration number.
14-34 Jan 31 MOTOR VEHICLE REGISTRATION. Shall tractors as defined in the Missouri motor vehicle law, operated in connection with road construction work on highway, be required to carry registration plates?
14-34 Feb 28 TAXATION. Last assessment defined. Formula for determining 1934 rate for county purposes.
14-34 Dec 18 MOTOR VEHICLES. Caterpillar tractor using highways as “motor vehicle” under R. S. Mo. 1929, Chap. 41, and operator thereof as “chauffeur” or “operator” under such chapter.
14-34 Dec 31 MOTOR VEHICLES. Who must register where exclusive use granted by legal title holder to another for a period greater than ten days successively.
15-34 Feb 14 Relating to authority of other states to prohibit sale of “prison made” goods within such states. Determined in the light of the commerce clause as affected by the power conferred under the Hawes-Cooper Law.
15-34 May 7 STATE BOARD OF HEALTH. Supervision of School of Cosmetology. Sections 9089 and 9092 R. S. Mo. 1929 not applicable to public schools.
15-34 June 12 City Committee, St. Louis, Missouri WITHDRAWN
15-34 Dec 14 MOTOR VEHICLE FUEL TAX. Consular agents and employees of a consulate are not exempt from the provisions of the Motor Vehicle fuel tax of Mo.
15-34 Dec 15 COUNTY COURT.
CONTRACTS AND APPROPRIATIONS.
1. No statutory authority for county court to contract for two years.
2. Can appropriate funds and employ county nurse on certain conditions.
3. Can appropriate for County Farm Bureau on certain conditions.
16-34 Feb 16 COSMETOLOGIST.
HEALTH, BOARD OF.
Relating to fee for registration of hairdressing cosmetologists or manicurists establishment or school.
16-34 June 4 SENATE BILL 94. Taxation and collection of delinquent taxes in cities of the second class; unaffected by Senate Bill 94, Laws of Missouri, 1933.
16-34 June 12 SCHOOL DISTRICTS. District organized under Sections 9325 and 9326, R. S. Mo. 1929, may, by vote, increase tax levy not to exceed $1.00 on the $100 valuation, and where district contains incorporated village the requirements of Section 9194, R. S. Mo. 1929, are fully met, even if it be held that said Section applies in respect to the amount of levy.
16-34 June 20 SCHOOL DISTRICTS. District organized under Sections 9325 and 9326, R. S. Mo. 1929, whether containing incorporated or unincorporated village, may increase tax levy by vote not to exceed $1.00 on $100.00 valuation.
17-34 Apr 12 TAXATION. County Board of Equalization must equalize assessments to reflect true values.
17-34 Oct 25 ELECTIONS. Party living in county for number of years, leaving for purpose of teaching school, but who has always voted in said county and claimed same as his residence, is eligible to become candidate for County Sup’t. of Schools.
18-34 May 9 BANKS & BANKING. National Bank not permitted to pledge its asset to secure deposits of Northeast Missouri State Teachers College.
18-34 July 20 WATERWORKS OWNED BY MUNICIPALITY. Cities of the Third Class – Power to use Surplus Earnings for other Municipal Purposes.
18-34 Oct 13 SCHOOL DISTRICTS. Under Section 9607, R. S. Mo. 1929, a person holding a diploma conferring A. B. Degree from State Teachers’ College is entitled to teach without further examination.
18-34 Nov 9 STATE HIGHWAY PATROL. Responsibility in cases where automobile strikes live stock on highway.
19-34 Jan 18 TAXATION. Back tax collections to be apportioned to various funds, cannot be lumped in school fund.
19-34 Jan 23 SHERIFFS. Opinion relating to fees of sheriffs for services rendered.
19-34 Feb 13 COUNTY COURTS.
OSTEOPATHIC PHYSICIANS.
Right to fill office of Deputy State Commissioner of Health under amended law. Eligibility as Deputy State Commissioner of Health.
19-34 Feb 23 ASSESSORS. Duties; when paid; out of what year’s revenue paid; compensation under County Budget Law.
19-34 Feb 26 LABOR AND INDUSTRIAL INSPECTION DEPARTMENT. Right to collect license fee imposed solely upon shipping bedding into Missouri.
19-34 Mar 12 LABOR. Section 13267, R. S. Mo. 1929, providing for the building of shelter sheds by railroads, having been declared unconstitutional by the Federal Court, this provision cannot be enforced.
19-34 Mar 20 LABOR DEPARTMENT. Under National Bedding Code certain State regulations are still effective and may be enforced by the Commissioner.
19-34 Mar 20 LABOR DEPARTMENT. Under Section 13219, R. S. Mo. 1929, whether shelter sheds built by railroads are within section is purely question of fact.
19-34 Mar 20 BANKS AND BANKING.
COUNTY DEPOSITORIES.
Banks selected as County Depositories are obligated to pay interest on public funds so deposited and are not relieved of the obligations by being placed under restrictions.
19-34 Apr 7 LABOR. Fee paid either by applicants or employer determines status as to whether one is operating an employment agency or office.
19-34 Apr 21 LABOR AND INSPECTION DEPARTMENT. Persons engaged in using sterilizing or exterminating processes on mattresses would not come under Section 13308, R. S. Mo. 1929, unless, as a matter of fact, they were rebuilding or renovating mattresses.
19-34 May 22 LIVESTOCK.
STATE VETERINARIAN.
One who ships, transports, drives, or otherwise moves livestock contrary to Governor’s quarantine proclamation is chargeable with a crime.
19-34 May 24 MUNICIPALITIES. Powers of mayor of Louisiana, Missouri. Construction of city charter.
19-34 June 7 SCHOOLS. Duties of treasurer in six-director school districts of first, second and third class cities must keep financial records and reports.
19-34 June 9 LABOR. Electric Line Crews, Leaking Crews, Meter Men, etc., are not to be included in fixing the amount of inspection fees of buildings or shops, as they are not employed within such buildings or shops.
19-34 June 15 Hon. Joseph C. Crain WITHDRAWN
19-34 June 19 Mr. Joseph C. Crain WITHDRAWN
19-34 June 20 GUARDIANS.
WARDS.
Estates of World War Veterans under guardianship. Invested how?
19-34 July 3 LABOR. Inspection by Commissioner of Labor under R. S. Mo. 1929, Secs. 13218 and 13219, and applicability thereof to municipally owned utility companies.
19-34 July 23 NEPOTISM. Assessor may receive gratuitous service from son or pay him out of his own salary or fee without violating Section 13 of Article XIV of the Constitution.
19-34 Aug 15 RELIEF COMMISSION. Governor has right to direct expenditure of $5,000,000.00 appropriation and to enforce self-insurance plan.
19-34 Aug 15 LABOR AND INSPECTION. Labor Commissioner has no right to require Federal Relief Administrator to take out license and pay permit fee.
19-34 Aug 15 LABOR DEPARTMENT. Under Section 13190, R. S. Mo. 1929, any person, firm or corporation maintaining an employment office where their services are charged for must obtain license from Labor and Industrial Inspection Department.
19-34 Aug 30 CORPORATIONS. Relief Activities.
19-34 Sept 21 COUNTY WARRANTS. (1) Warrants are acceptable in payment of taxes.
(2) County Treasurer should accept and give credit to collection for all such warrants.
(3) Section 9911 R. S. 1929 not repealed by section 22 Laws of Missouri, 1933, page 351.
19-34 Oct 2 SCHOOL DISTRICTS.
TRANSPORTATION.
Under Sections 9197 and 9354, R. S. Mo. 1929, and Section 16, Laws of 1931, page 334, a two-thirds majority vote is required where the question is voted upon by the taxpayers of the district.
19-34 Oct 10 Mrs. Mary Edna Cruzen WITHDRAWN
19-34 Oct 13 Mrs. Mary Edna Cruzen WITHDRAWN
19-34 Oct 17 LABOR COMMISSIONER. Under Section 13221, R. S. Mo. 1929, commissioner has right to require report of industrial accidents even though employers are also required to make report of accidents to Workmen’s Compensation Commission.
19-34 Dec 7 LABOR AND INDUSTRIAL INSPECTION. (1) Board of Permanent Seat of Government only required to furnish office space to Department of Labor and Industrial Inspection if same be available in State Capitol.
(2) Rent for office space at Jefferson City not chargeable to appropriations made for Labor and Industrial Inspection.
19-34 Dec 19 Mr. Paul M. Culver, Steward WITHDRAWN
19-34 Dec 21 COUNTY COURT. Right to employ assistant counsel.
19-34 Dec 21 DOG TAX. Operation of Local Option Law.
20-34 Jan 17 TAXATION. County Court has no right to accept taxes in escrow from taxpayer to avoid penalties, where taxpayer, by suit seeks to avoid the taxes.
20-34 Jan 18 COUNTY BUDGET LAW.
PROBATE JUDGE.
County budget law governs payment of expenditures of probate court for supplies purchased.
20-34 Jan 30 ROAD DISTRICTS. District organized under article 9 of chapter 42, may, under Section 8059, R. S. Mo. 1929, extend boundaries to twelve miles square.
20-34 Feb 20 ROAD DISTRICTS. Under Article X of Chapter 42, creation and dissolution of road district is under jurisdiction of the County Court, and a proceeding for change in the boundaries must be taken up through the Court.
20-34 Feb 22 SPECIAL ROAD DISTRICTS. Trustees have authority to collect debts due the district and to pay debts owing by the district, upon dissolution.
20-34 Mar 9 Mr. Elliott Dampf WITHDRAWN
20-34 Mar 12 TAXATION.
COUNTY COLLECTORS.
County Collectors have no right to charge counties for indexing tax books.
20-34 Mar 28 FEE BILLS. When Constable is entitled to a fee bill and his right to mandamus when fee bill is refused.
20-34 May 9 Relating to power of cities of the third class to levy a license tax on barber shops, beauty parlors, etc.
20-34 May 11 CEMETERIES. City of the fourth class may own a public cemetery and support same from general revenue of the city.
20-34 May 12 COUNTY BOUNDARIES. Boundary line of Cole and Osage Counties.
20-34 May 21 NURSERIES. Municipally owned nurseries subject to inspection under Mo. Plant Act; municipally owned nurseries subject to pay inspection fees.
20-34 June 9 ELECTIONS, PRIMARY. Declaration of candidate must be filed 60 days prior to primary.
20-34 June 26 MOTOR VEHICLES. Private use of motor vehicle operating under dealer license plates unwarranted and in violation of the law.
20-34 July 17 COUNTY CLERK. Must publish title to office for primary election.
20-34 Aug 2 OFFICERS.
JUSTICES OF THE PEACE.
COUNTY COURT.
County Court has the right to declare the office of Justice of the Peace vacant upon finding certain facts.
20-34 Aug 2 DEPARTMENT OF AGRICULTURE.
STATE PLANT OFFICER.
Reciprocal arrangement between states whereby filing fees for Nursery Permit Certificates are to be the same in one state as are charged by the other state for similar certificates is permissible under Article 3, Chapter 87, of Revised Statutes of Missouri, 1929.
20-34 Aug 29 COUNTY COURT. Amount of levies for county purposes and road funds discretionary; 10% limitation under Section 9873, R. S. 1929, applies to road tax.
20-34 Sept 1 STATE HIGHWAY PATROL. Patrolman cannot arrest party suspected of possessing intoxicating liquor or seize the liquor. Patrolman has equal powers with any peace officer except power to execute civil process and right of search and seizure. Patrolman is not subject to suit for false arrest.
21-34 Mar 21 COUNTY OFFICERS. Shall forfeit office and be remove, when?
21-34 Apr 16 NEPOTISM. Teacher’s contract becomes illegal only where related director participates in teacher’s election, or where there was collusion or fraud.
21-34 July 14 ELECTIONS.
CLERKS.
Only two clerks allowed in precincts casting less than three hundred votes.
22-34 Feb 19 PROHIBITION. An Indictment obtained before repeal may be prosecuted after repeal.
22-34 Apr 7 TAXATION. Postal Saving Deposits subject to taxation for state and local taxation.
22-34 Apr 10 PROSECUTING ATTORNEY. 1. (a) Postal Savings Certificates held taxable. (b) Postmasters not required to give information concerning such to assessor.
2. (a) Failure to place revenue stamp on deed of conveyance is a misdemeanor with fine not more than $100 for each offense. (b) Unstamped deed is neither invalid nor inadmissible in evidence.
22-34 May 4 SPECIAL ROAD DISTRICT. Incorporated city within special road district not entitled to part of general road funds.
22-34 Aug 24 TAXATION. Costs and attorney’s fees and dismissal of suits by collectors, under House Bill No. 124, discussed.
22-34 Sept 4 POWERS OF MEMBERS OF STATE PATROL. (1) Have power to arrest without warrant when;
(2) If person in custody no warrant shall issue.
22-34 Sept 18 MOTOR VEHICLES. Government employee delivering parcels in Government service not required to have chauffeurs or any other license.
22-34 Oct 15 SCHOOLS. Federal money used to pay teachers may not be considered as a bonus, but is to be applied as part of salary.
22-34 Oct 25 CIRCUIT CLERK. Compensation at present time – up to Jan. 1, 1935.
23-34 Jan 10 BANKS AND BANKING. Stock in National Banks after receivership not exempt from taxes, if of any value.
23-34 Feb 7 SCHOOLS.
CONSOLIDATED SCHOOL DISTRICTS.
NEPOTISM.
Appointment or employment by school board of one of its members to office or employment of profit. Right of citizen to information of affairs of board and district.
23-34 Sept 4 PROBATE JUDGE.
PUBLICATION.
Where a newspaper misses only one issue it is not necessary that said paper be published continuously for another year before any legal notices can be published in it under the terms of Section 13775, R. S. Mo. 1929.
25-34 Feb 16 COUNTY TREASURER. 1. To consolidation of offices of County Treasurer and Collector in certain counties.
2. To time of election of party county committee.
25-34 Feb 27 COUNTIES.
COUNTY CLERK.
Under Section 12165, Laws of 1933, pages 355-356, county clerk, where he becomes a designated person under said section, may receive compensation for furnishing financial statement, but cannot collect compensation for preparing financial statements for years 1930, 1931 and 1932, as statutes then in force did not authorize such compensation and clerk cannot prove contract with county court to pay him for such services.
25-34 Mar 12 BUILDING AND LOAN. Shares of stock owned by one in Building and Loan Association to be assessed and returned as property – how?
25-34 Mar 15 STATE BOARD OF HEALTH. Pointing out sections relating thereto.
25-34 Apr 3 OFFICERS.
JUSTICES OF THE PEACE.
Removal from township where Justice is appointed or elected disqualifies such Justice of the Peace from holding such office.
25-34 May 15 ELECTIONS. Board of registration as now constituted in Jefferson City should meet at least ten days before the primary in August and make up an alphabetical list of voters for each precinct.
25-34 Nov 14 SCHOOLS. Restrictions on use by consolidated school districts of funds received from the State, (a) as income from the State school fund, and, (b) as State aid derived from the ordinary revenue of the State.
26-34 Mar 7 MOTOR VEHICLE LAW. Sufficiency of statutory penalty for operating a motor vehicle on highways without license plates.
26-34 Mar 15 COUNTY WARRANTS. Acceptable in payment of taxes – supplemental to opinion rendered to M.E. Montgomery 10/17/33.
26-34 Mar 20 AUCTIONEERS. Only residents of the State may engage in business or trade of auctioneering.
26-34 Apr 26 NOTARIES PUBLIC. Acknowledgments executed by said notary in the name in which she was commissioned, but who was at the time married, are legal, valid and binding.
26-34 Sept 21 NEPOTISM.
SCHOOLS.
Under Section 13 of Article XIV of the Constitution, director who appoints relative related within the fourth degree forfeits office and teacher so elected cannot enforce contract against the district.
26-34 Oct 25 WEIGHTS AND MEASURES. Right of county court to appoint scale inspector.
26-34 Nov 30 COUNTY BUDGET ACT. County warrants should be paid according to protest and classes should be paid in order of protest.
27-34 Jan 27 COUNTY PRINTING. Charges for printing election notices should be computed under Sec. 13773, R. S. Mo. 1929.
27-34 Feb 26 EMERGENCY RELIEF FUNDS. No provision in Article 4 of Chapter 90, R. S. Mo. 1929, which prohibits the County, if they so desire, to discuss a portion of their relief funds through the Federal Relief Committee.
27-34 Apr 12 NEPOTISM. Member of Board who does not exercise his right to vote in favor of prohibited relative will not forfeit office in the absence of fraud or collusion.
27-34 June 30 ESCHEATS. Foreign administrator not entitled to Escheat Fund.
27-34 Sept 27 COUNTY WARRANTS. There is no conflict in the County Budget Law and Sections 9911 and 12140, R.S. Mo. 1929 and collector is not forbidden to accept county warrants in payment of taxes.
27-34 Oct 2 TAXES.
MERCHANTS AND PEDDLERS.
An individual may be doing business as a merchant or a peddler or both at the same time, depending upon the manner in which his business is conducted, and may be required to pay merchant’s tax or secure peddler’s license, or both.
28-34 Jan 22 SOLDIERS’ BONUS. Bona Fide resident entitled to bonus – when?
28-34 Feb 9 BLIND PENSIONS. Method of Application for.
28-34 Feb 13 BLIND PENSIONS. Right to Pension for Period of Suspension from Pension Roll by decision of Commission for the Blind.
28-34 May 23 PHYSICIANS. May also be druggists and fill own prescriptions.
28-34 Sept 11 BLIND PENSIONS. Receipt of blind pension by person receiving income from other sources sufficient for ineligibility for each pension as disqualifying such pensioner from future benefits under blind pension law.
28-34 Sept 11 BLIND PENSIONS. Right of Missouri Commission for the Blind to suspend payment of.
28-34 Sept 12 BLIND PENSIONS. Right of Missouri Commission for the Blind to investigate income qualifications of pensioner.
29-34 Jan 11 ROAD DISTRICTS. Surplus funds remaining after the full payment of the bond issue for which they were collected may be transferred to the general fund of the District.
29-34 Feb 9 TOWNSHIP ORGANIZATION. Relating to and defining county bridges and township bridges in counties under township organization.
29-34 May 8 CHIROPRACTIC. Qualifications for examination to secure license.
29-34 May 23 CHIROPRACTORS. One may be disbarred for immoral actions—immoral action discussed.
29-34 June 4 SENATE BILL 94. Taxation and collection of delinquent taxes in cities of the second class; unaffected by Senate Bill 94, Laws of Missouri, 1933.
29-34 July 9 COUNTY BUDGET. (1) Priority payment of classes.
(2) Boarding of prisoners should be placed under Class 4 of the Budget Law.
29-34 July 14 BUDGET LAW. County Court cannot re-budget after budget is made up at the regular February term.
29-34 Aug 10 NURSE EXAMINERS, STATE BOARD OF. Where Board holds fees for application never completed for over three years and where applicant cannot be found Board may transfer fees to Nurse’s Fund.
29-34 Sept 19 CHIROPRACTIC. (1) Women entitled to practice chiropractic.
(2) Fees.
(3) Names one may practice under.
30-34 Jan 29 NEPOTISM. Road Districts are political subdivisions under Section 13 of Article XIV; Commissioners have no right to contract for own benefit with the District.
30-34 Mar 22 GAME AND FISH DEPARTMENT. Right to forfeit lease on or recover possession of Big Spring Park, lease to Don B. Bales dated April 18, 1933.
30-34 June 13 COUNTIES. County Court must transfer unexpended balance in road fund to the general revenue fund to be expended under the provisions of the County Budget Act in the purchasing of right-of-ways.
30-34 Sept 11 MUNICIPALITIES.
PUBLIC SERVICE COMMISSION.
Public Service Commission cannot fix, regulate or control the rate of a municipally owned water plant.
31-34 Jan 18 TAXATION. Delinquent personal taxes collected by suit, Section 9940 R. S. Mo. 1929. No sale under Senate Bill 94 until November 1934.
31-34 Sept 19 TAXATION.
COLLECTOR.
Suits for delinquent real estate taxes instituted prior to the effective date of Laws of Missouri 1933, page 425, are governed by statutes in effect at the time suits were instituted and not by Laws Missouri 1933, page 425.
32-34 Jan 17 FINGERPRINTING. No liability incurred by Sheriff of Putnam County if officer used reasonable judgment, and if person under arrest was not coerced, threatened or compelled to submit to the taking of fingerprints.
32-34 Jan 20 SURVEYORS. For the surveying of accreted lands, such as river bars, the County Court need not necessarily employ the County Surveyor but may employ any surveyor.
32-34 June 18 Hon. J. R. Gideon WITHDRAWN
32-34 July 3 Hon. J. R. Gideon WITHDRAWN
32-34 Sept 11 ASSESSORS. Assessor need not view land to make assessment each year but may validly assess by reference to old assessment book.
32-34 Dec 15 ASSESSORS.
COUNTY CLERKS.
County clerks shall deliver Assessor’s book to Assessor. When.
33-34 Feb 9 STATE BOARD OF HEALTH. Entitled to fee for transcription of “still birth” certificates. 13 U.S.C.A. 101.
33-34 Sept 14 PUBLIC HEALTH.
CONTAGIOUS DISEASES.
Power of said Board of Health to alter regulations for exclusion from attendance at public schools on account of.
34-34 Jan 11 COUNTY WARRANTS. (1) It is permissible to issue county warrants in payment of officers’ salaries and accounts where warrants have already been issued to the amount of the anticipated revenue.
(2) Officer who issues warrants in excess of anticipated revenue not civilly or criminally liable.
(3) Claims against Co. for warrants issued in excess of anticipated revenue can be paid out of surplus of subsequent years.
34-34 Mar 7 COUNTY. Liability for Hospital expense as result of Sheriff’s Act.
34-34 Apr 19 LIQUOR CONTROL ACT. Eagles Lodge must obtain license from Supervisor of Liquor Control to handle 5% beer for sale to its members; restriction in Sec. 15 and 15-a binding upon Eagles same as any other licensee.
34-34 Apr 20 MUNICIPALITIES.
CITIES.
INSURANCE.
City does not have authority to insure its property in reciprocal or inter-insurance exchanges where the liability of the city under the policy is contingent or unlimited.
34-34 Apr 26 SCHOOLS. County Court may not accept Government Bonds in payment of school loan and retain the bond as investment.
34-34 June 5 MUNICIPALITIES.
CITIES.
INSURANCE-RECIPROCAL.
City has authority to insure its property in reciprocal insurance exchanges where the liability of the city under the policy is not contingent or subject to assessments.
34-34 June 15 BOARD OF PENAL INSTITUTIONS. Board of convict in Missouri Training School for Boys to be charged to county where first conviction occurs.
34-34 Aug 24 BUS AND TRUCK. Prosecutions under Section 5275, R. S. of Mo. 1929.
34-34 Sept 8 STATE—LIABILITY OF. In absence of an express statute the State is not liable for damages either for non-performance of its powers or for their improper exercise by those charged with their execution.
34-34 Oct 20 GAME AND FISH. County court has power to rescind order made relating to Sec. 8246, R.S. Mo. 1929 previously made during August term providing no legal rights have accrued thereunder.
35-34 Feb 16 PROSECUTING ATTORNEYS. Prosecuting Attorney may only be removed under Section 7929 when notice to institute suit has been given by a road overseer, county or state highway engineer.
35-34 July 12 INHERITANCE TAX. (1) Real property and tangible personal property is subject to tax where located.
(2) Intangible personal property is subject to tax by the State in which the owner maintained his legal domicile except where such personal property has acquired a “business situs” in the State where located.
35-34 July 19 SCHOOL DISTRICTS.
SCHOOL MONEYS.
DEPOSITORIES.
Board of education of school district required to select a depository in the same manner as county courts, and treasurer of school district is liable for loss of funds not deposited in such depository.
35-34 Dec 27 TAXATION AND REVENUE. Taxation and Revenue method of computing bond of County Collector.
36-34 Mar 28 DENTAL BOARD. Construction of Section 13569 R. S. Mo. 1929.
36-34 Sept 19 DENTAL BOARD. Relating to the necessity of having an audit of the books of the Secretary-Treasurer of the Dental Board as required by law.
37-34 Mar 9 BOARD OF PERMANENT SEAT OF GOVERNMENT. Approval of contract for modernization of elevators in Capitol Building.
38-34 Jan 12 COSTS.
PRELIMINARY HEARING.
Neither state nor county liable for costs of preliminary hearing when defendant is discharged.
38-34 Jan 26 COUNTY COURTS. Salaries of county court judges, elected in 1930, 1932 and 1934 – how ascertained.
38-34 Jan 31 ELECTIONS. City election not a general election within the meaning of the Constitution.
38-34 Feb 14 SPECIAL ROAD COMMISSIONERS. County Court without authority to elect commissioners after City in District has ceased to exist as such.
38-34 Feb 23 Hon. Charles M. Hay WITHDRAWN
38-34 Mar 3 TAXATION. Taxpayer, through his mistake, paying taxes on land which he does not own, may not recover back such taxes paid voluntarily.
38-34 Mar 19 COUNTY BUDGET ACT.
LIQUOR CONTROL ACT.
Funds derived from sale of county licenses to be paid into General Revenue Fund and appropriated to the different classes according to requirements of the budget.
38-34 Apr 6 SCHOOL ELECTIONS. Persons qualified to vote at annual school elections should possess same qualifications as those voting in county and state elections; Laws of 1933, p. 381 regulate the manner of conducting elections; persons kept in county poorhouse, or asylum at public expense cannot vote.
38-34 Apr 9 TAXATION. City Collector entitled to two per cent commission on delinquent tax collections.
38-34 May 10 TAXATION. Collection of delinquent city taxes under Senate Bill 94 in cities.
38-34 May 29 COUNTY FUNDS. Transfer under Sec. 7891, R.S. Mo. 1929 permissible if County Court has control over same, if not, transfer cannot be made.
38-34 June 14 COUNTY COURT.
PRISONERS.
Working county prisoners – Discretionary – When. Compulsory. Prisoners subject to be worked – type of work. Employment of guards. Board of Prisoners and liability therefor.
38-34 June 19 ASSIGNMENT OF LAND TO THE STATE. Relating to manner in which it may be disposed of.
38-34 June 22 TAXATION AND REVENUE. Page 465 Laws of Missouri, 1933, not effective after 7-24-33 except as to delinquent tax attorney.
38-34 Aug 17 SHERIFF. 1. To charge a person with carrying concealed weapons under the statute concealment is the gravamen of the offense whether such concealment is on, or near to, person.
2. Where person is intoxicated concealment not necessary.
3. Weapon found in car with illegal liquor, general law applies.
38-34 Sept 4 TAXATION. Senate Bill 94 modified by House Bill 44 Extra Session authorizing initial proceedings to be instituted within five years.
38-34 Oct 5 RECORDER OF DEEDS. It is not lawful for parties to nominate a candidate for office at this time.
38-34 Oct 11 COUNTY CLERK. Compensation of Clerk and Deputy limited by law and cannot be increased during term.
38-34 Nov 14 COUNTY BUDGET LAW. Expense of erecting shelves for law books in Prosecuting Attorney’s library should be paid out of Class 5, Sec. 2; expense of purchasing chairs for circuit court room should be paid out of Class 2, Sec. 2.
38-34 Dec 11 Hon. E. C. Harper WITHDRAWN
38-34 Dec 27 CIRCUIT CLERK. Not entitled to fee of 50 cents for attaching the court seal to each jury script under Secs. 8763, 8764, 8765 and 8766, R.S. 1929.
39-34 Mar 1 STATE CHILDREN’S BUREAU. Abandonment defined.
39-34 Apr 26 ELECTIONS. Relating to Certificate of Appointment and Notice of Judges of Election.
39-34 June 5 PRIMARY ELECTIONS. Candidates on Socialist ticket can file by paying five dollars to the County Treasurer if no county organization for Socialist party exists in the County.
39-34 July 12 VOTING. Citizens temporarily on relief rolls are not disfranchised.
39-34 Oct 11 ELECTIONS. Candidate for Circuit Judge should file his affidavit in detail regarding expenses of primary with Secretary of State.
40-34 Apr 28 COUNTY BOARD OF EQUALIZATION. Relating to power of county boards of equalization to make assessment of property omitted from assessor’s books.
40-34 May 25 SCHOOLS. Non-resident pupil or parents do not have to pay tuition or other fees to attend high school, if the school receives state aid.
40-34 Aug 9 SCHOOLS. District where non-resident pupils reside must pay tuition of pupils.
40-34 Aug 24 OCCUPATION TAX. Contractors.
41-34 Jan 17 SCHOOLS.
SCHOOL DISTRICTS.
County Treasurer should not honor teacher’s warrant where reports required by Section 9316, R. S. Mo. 1929, has not been made and filed with the Clerk.
41-34 Mar 12 FINANCIAL STATEMENT OF COUNTIES. Interpretation of Laws 1933, page 353.
41-34 Apr 9 CHATTEL MORTGAGES. The Recorder of Deeds shall release same, when and how?
41-34 Apr 27 Relating to authority of county courts to make appropriation for repair of bridges in special road districts.
41-34 May 1 SCHOOLS. Under Section 9292, R. S. Mo. 1929, unless district contains three or more resident pupils eligible to take ninth and tenth grade work, board may not furnish teaching for ninth and tenth grades.
41-34 May 8 DEPOSITORY. Relating to security of depositories of cities of third class.
41-34 May 23 Relating to question, whether present circuit clerks may retain fees earned in office and apply to salary.
41-34 June 16 COUNTIES. Purchases must now be made under the priorities and requirements of the County Budget Act.
41-34 July 27 COUNTY OFFICERS. Necessity of circuit clerks accounting with money and not in salary warrants for moneys collected and due and owing the county.
42-34 Jan 9 GRAIN INSPECTION. Method of weighing grain in elevators not considered a violation of the terms of the statute.
42-34 Jan 12 WAREHOUSEMEN. Existence of outstanding warehouse receipts unrepresented by grain in warehouse, and prosecution therefor.
42-34 Feb 26 NEPOTISM. Where relative is not appointed to hold an official position, relative may assist office-holder without being a violation of Section 13 of Article XIV of the Constitution of Missouri.
42-34 Mar 10 CIRCUIT CLERKS.
CRIMINAL COSTS.
Duty to include all costs in criminal costs bill. Duty of circuit clerk in making criminal costs bill.
42-34 Apr 10 PAUPERS.
COUNTIES.
Funeral expenses. Liable for funeral expenses of poor persons.
42-34 June 9 STATE WAREHOUSE COMMISSIONER. Commissioner can, in his discretion, appoint an employee of a mill as a state weighmaster for said mill, providing said weighmaster is properly bonded for appointment.
42-34 June 9 STATE WAREHOUSE COMMISSIONER. Under the Statutes of Missouri the Grain Inspection and Weighing Department must furnish weighing and inspection service to all grain elevators and warehouses qualifying as public elevators or warehouse.
42-34 June 11 GRAIN INSPECTIONS. Money derived from sale of surplus grain must be paid into the State treasury to be withdrawn only on proper appropriation, and cannot be expended by the Grain Inspector for any purpose.
42-34 July 31 ELECTION. A. Under Section 10278 if candidate whose name is written in receives more votes than the printed name of the other candidate, the candidate whose name is written in is legally elected.
B. Judges of the primary have no authority to write name of candidate whose name is not printed on ballot for committeeman or committeewoman and hand same to voter.
42-34 Oct 18 GAME & FISH. Signers on petition may make formal application and withdraw their names from petition before action has been taken on same.
42-34 Dec 29 CIRCUIT CLERK. Salary of Circuit Clerk of Polk County for last two years should be computed as to population on presidential vote of general election of 1932.
43-34 Jan 12 COUNTY TREASURER. In view of Section 12132a, Laws 1933, page 338, merging office of county treasurer and county collector in certain counties, where county treasurer before end of term runs for and is elected to office of county collector, he must resign as said treasurer when he qualifies and takes office as collector.
43-34 Feb 14 SCHOOLS. Relating to the apportionment of the moneys belonging to school districts. Who’s duty?
43-34 May 14 PENITENTIARY. Director’s right and duties relative to convicts used as servants in official residents.
43-34 June 27 ELECTION. When three hundred or less vote in a precinct, four judges may be appointed for said precinct instead of six.
43-34 July 23 BOARD OF PENAL INSTITUTIONS. Expense of return of escaped convicts payable from fund.
43-34 Aug 24 LIQUOR CONTROL ACT. Collection of county liquor license fees is the duty of the County Collector.
43-34 Sept 8 STATUTES. Effect of general repeal provision in state purchasing agent law on prior statutes.
43-34 Sept 11 PENAL-PRISONS. Relating to the liability of the depository bondsmen for the convict fund held by the prison board.
43-34 Sept 25 LOTTERIES. Relating to facts that constitutes a scheme or device whereby things of value are for a consideration allotted by chance constituting lottery.
43-34 Sept 27 ABSENTEE BALLOTS. In order for absentee ballots to be legal, procedure prescribed in Sec. 10186, Laws of Mo. 1933, p. 222-223 must be followed.
43-34 Oct 10 I. To issue warrants monthly for salary of prosecuting attorney.
II. Relating to paying or protesting warrants by County Treasurer.
43-34 Oct 17 PENAL INSTITUTIONS. Judgment bonds.
43-34 Oct 29 ELECTIONS. Notice of selection of election judges may be served by the sheriff.
43-34 Nov 19 PENAL BOARD. Judgment bonds of Buchanan County.
43-34 Dec 19 COUNTIES.
COUNTY CLERKS.
County Clerk not entitled to extra compensation for his services in connection with the preparation of county budget. Under Section 12165, Laws of Mo. 1933, pages 355 and 356, County Clerk, where he becomes the designated person under said section may receive compensation for furnishing financial statement. Amount received must not exceed the aggregate amount of fees set under Sec. 11811, Laws of 1933, page 370.
44-34 Jan 12 SCHOOL FOR THE DEAF. Board of Managers have exclusive and discretionary power to discharge persons enrolled therein.
44-34 Jan 12 Hon. Richard R. Nacy WITHDRAWN
44-34 Feb 1 INHERITANCE TAX. General Assembly meant Sec. 573, R.S. 1929 to take advantage of the full 80% credit allowed by the Federal Government.
44-34 May 24 INHERITANCE TAX LAW. Waiver necessary on transfer of property from bank or trust company to executor; not necessary upon a transfer by the executor to the distributee.
44-34 Aug 29 INHERITANCE TAX.
LIFE ESTATE.
Life Estate of Widow and remainder should be taxed according to provisions of Sec. 595, R.S. Mo. 1929, and tax should be at highest rate possible under provisions of Inheritance Tax Law of Mo.
44-34 Oct 18 INHERITANCE TAXATION. Where property is devised to a legatee and said legatee dies before distribution two taxable transfers take place, on from the testator to the legatee and one from the legatee to the heirs.
44-34 Nov 1 INHERITANCE TAX. Closely held stock and Good Will – when carried as an asset, value cannot be determined by par value of stock or book value, but must be determined on basis of net earnings.
44-34 Nov 2 INHERITANCE TAX. Real property located in Missouri under executory contract of sale by non-resident not subject to inheritance tax upon death of the non-resident.
45-34 Feb 7 STATE ELEEMOSYNARY INSTITUTIONS. Laws 1933, page 191, abolishing old Missouri Commission for Blind and conferring duties on Board of Managers of Eleemosynary Institutions. Section 12-U of House Bill 127 appropriating funds out of Blind Pension Fund for prevention of blindness is unconstitutional.
45-34 Feb 8 ELEEMOSYNARY INSTITUTIONS. Relating to additional appropriations for maintenance of Eleemosynary Institutions for salaries etc., provided the earnings are sufficient.
45-34 Feb 8 ELEEMOSYNARY INSTITUTIONS.
STATE PURCHASING AGENT.
Relating to the distinction between “materials” mentioned in Class “C” and that Class “D” in Laws 1933 at pp. 133 et seq. Also H.B. No. 127, Special Session-Section 12T.
45-34 Feb 8 STATE PURCHASING AGENT. Cannot procure delivery of goods to departments with an agreement that the same may be considered as purchased when balance to pay therefor accumulates in State Treasury.
45-34 Feb 22 ELECTIONS. A village cannot call an election to become a city of the fourth class and at the same time call an election to vote on proposition of erecting a waterworks system.
45-34 Feb 26 COUNTY WARRANTS. If County Court has carried out its duties under the County Budget Law, warrants should be paid out of funds mentioned in warrants in the order in which they were protested.
45-34 May 21 ELEEMOSYNARY BOARD. Superintendent of Children’s Home Bond.
45-34 June 5 CONVICTS.
ELEEMOSYNARY BOARD.
Governor’s warrant necessary to transfer insane convict from penitentiary or other place of detention to insane hospital.
45-34 June 23 ELEEMOSYNARY BOARD. No authority to pay transportation expenses of non-resident patients.
45-34 June 29 PURCHASING AGENT.
COAL MINES.
Right of operator of truck line to bid wholesale prices to governmental agencies.
45-34 July 12 ELEEMOSYNARY INSTITUTIONS. Board of Managers have right to compromise judgment against county.
45-34 July 13 ELEEMOSYNARY BOARD. Board may accept bonds of county in lieu of judgments against the county.
45-34 Sept 18 ELECTIONS. Absentee Ballots – Voter may cast absentee ballot in office of County Clerk within time prescribed by law and leave the ballot with said Clerk to be opened and counted in manner prescribed by law.
45-34 Nov 8 ELEEMOSYNARY BOARD. Lease of land for, made by State Purchasing Agent.
45-34 Nov 9 COUNTY BUDGET LAW. Costs in criminal case should be paid out of funds in Class 2, Sec. 2, Laws 1933, p. 341, rather than revenue of year in which defendant entered plea of guilty.
45-34 Dec 10 COUNTY BUDGET LAW. Liability of counties for failure to pay eleemosynary accounts when due; liability of counties under budget of eleemosynary board for insane patients of the county.
45-34 Dec 12 ELEEMOSYNARY INSTITUTIONS.
COUNTY COURTS.
INSANE PERSONS.
When revenue is “provided for” within the meaning of the Constitution, defined. Obligation incurred by county in 1934 cannot be paid out of income and revenue provided for such county in the year 1935. Insane county patients may be returned to sending county upon failure to pay keep or expenses of such persons.
45-34 Dec 12 TAXATION.
COUNTY COURTS.
COUNTY WARRANTS.
The words, “Provided for” as used in section 12 of article 10 of the Constitution of the State of Missouri, defined. Obligations incurred by county in one year cannot be paid out of revenue provided for in subsequent year.
45-34 Dec 15 ELEEMOSYNARY INSTITUTIONS.
ACCOUNT-CITY HOSPITALS.
St. Louis City Sanitarium entitled to be paid according to the provisions of Laws of Missouri 1931, page 221.
46-34 Feb 9 JURORS, PAYMENT OF. Effect of County Budget Law of 1933 (Laws of 1933, page 340) upon statutes regulating pay of jurors (R.S. Mo. 1929), Sections 8765, 8767.
46-34 Mar 10 ITINERANT VENDOR. Relating to the sale of merchandise by truckers at public auction.
46-34 Aug 28 SCHOOLS. Sending school must pay entire tuition of pupil, receiving credit up to $50.00 if the State has the money.
46-34 Oct 23 CRIMES. Venue for arson committed in Arkansas cannot be placed in Missouri for purposes of prosecution under Missouri law.
46-34 Oct 30 SCHOOLS. (1) Persons over 20 years of age not entitled to gratuitous instruction.
(2) Board of directors may provide for persons between 5 and 6 and over 20 years of age and pay tuition just so long as it is not paid out of funds derived by virtue of Section 6, Article XI, of the Constitution of Missouri.
47-34 Feb 22 AUTOMOBILE REGISTRATION. Owner of vehicle does not need a Chauffeur’s or registered operator’s license.
47-34 Mar 27 CIRCUIT CLERK. Compensation of person appointed to fill out unexpired term same as salary of predecessor until the end of the term.
47-34 Apr 10 TAXATION & REVENUE. Change as made in the collection of delinquent real estate taxes, as to hiring of attorneys, does not affect or change the law as it existed in 1929 relative to the hiring of attorneys for the collection of delinquent personal taxes.
47-34 Aug 9 Construction of Section relative to time required to be done for costs.
47-34 Aug 30 MATTRESSES. Use of old material in the manufacture and sale of mattresses.
47-34 Sept 14 CONTRACT HAULER. Persons whose principal business is that of hauling property or persons for another is a “contract hauler” and is required to obtain license from the Public Service Commission.
47-34 Nov 7 SCHOOLS. Compromise of school fund mortgages.
48-34 Mar 28 TOWNS AND VILLAGES. Method of collecting delinquent taxes-qualifications of town trustees-method of removal of unqualified members of a school board.
48-34 Nov 20 TAXATION. Senate Bill No. 94. Lands and lots to be offered yearly for three years if necessary, and not to be re-offered in the same year in which they have theretofore been offered.
50-34 Sept 14 POLL TAX. I. Relating to the methods of collecting delinquent poll tax.
II. Relating to the authority of town and villages to pass ordinances disfranchising those subject to payment of poll tax, who become delinquent.
51-34 Mar 1 COUNTY BUDGET LAW. It is not in conflict therewith for the County Court to contract and make an appropriation for three years for extention work in the county.
51-34 Apr 17 LICENSE.
DELIVERY TRUCKS.
City cannot pass ordinance imposing license tax on delivery trucks on non-residents using streets and at the same time except delivery trucks of residents who have place of business in said city.
51-34 May 28 SCHOOLS.
NEPOTISM.
School director voting for first cousin would forfeit office; the fact that husband dies does not terminate the relationship by affinity where there are children living who were born of the marriage.
51-34 Sept 20 Mr. M. G. Lavender, Editor WITHDRAWN
51-34 Oct 15 NEPOTISM. Appointment of collateral relative due to marriage along the line of descent or assent does not violate the Missouri Constitution on Nepotism.
52-34 Mar 1 COUNTY BUDGET.
COURT REPORTER.
Salary of official court reporter should be in Class 4.
52-34 Apr 28 SCHOOLS. Duties of school treasurer in six-director school district under Section 9515-9516.
52-34 July 3 ELECTIONS. No part of filing fee goes to the State Committee; Candidate can be a delinquent taxpayer.
52-34 July 24 MOTOR VEHICLE. Trailer or semi-trailers registered according to the maximum weight carrying capacity of such-live load capacity.
52-34 Sept 14 SCHOOLS. (1) Does a high school have to return fees exacted from pupil?
(2) What action may be brought to compel sending district to pay tuition of non-resident student if such refuses to do so?
52-34 Sept 27 SCHOOLS. Filling vacancies in the six director school district. What constitutes a quorum?
54-34 Jan 9 CONTRACTS. Agreement entered into by the County Court of Morgan County and physician appointed to act as Deputy State Health Commissioner is not a valid contract under Sec. 2962, R.S. Mo. 1929.
54-34 Feb 23 Mr. M. V. Long WITHDRAWN
54-34 Apr 5 BANKRUPTCY. Action in nature of a suit should not be taken by a collector to collect taxes from a bankrupt railroad; Claim for taxes should include interest, penalties and commissions.
54-34 July 19 NEPOTISM.
SCHOOL DISTRICTS.
Under Section 13 of Article XIV, election of teacher is legal where related director does not participate in teacher’s election and does not, by collusion or fraud, bring about her election.
54-34 Nov 2 NEPOTISM. Under Section 13 of Article 14 of the Constitution members of school board may supervise relief projects for improvement of school property, but have no right to withdraw money from incidental fund for such services.
55-34 Apr 27 ELECTIONS. Cities or counties that have registration of voters may not take advantage of Sec. 10389, i.e., has to appoint two judges and two clerks-such cities or counties are governed by the General Election Law.
56-34 Mar 27 CIRCUIT CLERKS. Duty to include all costs in criminal costs bills.
56-34 May 7 LIQUOR CONTROL ACT. City of fourth class has authority to pass an ordinance prohibiting the possession of intoxicating liquor upon which state and federal tax has not been paid, provided same does not conflict with Sec. 8 of the Act.
56-34 Aug 28 SECTION 12167, R.S.MO. 1929. Transfer surplus $1,000 remaining in the pauper fund may be transferred to any other fund which in the judgment of the county court be in need of the balance.
57-34 June 21 COUNTY BUDGET LAW. County Court cannot pay cost of rights-of-way in Special Road Districts out of expenditures in Class 3, but must pay same out of expenditures in Class 5.
58-34 Jan 23 COUNTY BUDGET LAW. Classification of salaries – office expense- traveling expenses.
58-34 Feb 20 COUNTY CLERK. Deputy County Clerk may be put on the new salary schedule as set out in Section 11811, Laws of 1933, page 371, at any time after said law becomes effective.
58-34 Mar 1 Hon. W. S. Mathews WITHDRAWN
58-34 Mar 13 LIQUOR CONTROL ACT. St. Francois Recreation Club cannot sell on premises intoxicating liquor other than malt liquor containing alcohol not in excess of 5% by weight.
58-34 Apr 12 COLLECTORS.
ATTORNEY GENERAL.
Voluntary overpayment to County. 
Cannot decide questions of fact in opinions.
58-34 May 21 TAXATION. Owner of grain stored in warehouse liable for taxes thereon.
58-34 June 18 TAXATION AND REVENUE. Liability of administrator for taxes against an estate.
58-34 Nov 21 CIRCUIT CLERKS AND DEPUTY CIRCUIT CLERKS. Amount, method and source of compensation.
58-34 Dec 27 CIRCUIT CLERKS. In counties having population between 70,000 and 80,000 to receive $3000.00 annually.
59-34 Feb 6 BUILDING AND LOAN COMPANIES. Proceedings for merger examined.
59-34 Mar 17 BUILDING AND LOAN ASSOCIATION. May become Federal Savings and Loan Associations only be ceasing to do business and voluntarily transferring its assets by two-thirds of stockholders’ vote.
59-34 Mar 23 SCHOOLS.
SCHOOL DISTRICTS.
Under Section 9331, Laws of Missouri 1931, page 350, which amended same section of the Revised Statutes of Missouri 1929, the school district may be dissolved by a vote of two-thirds of the resident voters and taxpayers who are present and voting for dissolution.
59-34 Apr 11 GOLD. Mineral rights under private property belong to the owner of the land.
59-34 Apr 26 CONSULS.
VICE-CONSULS.
CONSULAR AGENTS.
Immunity from auto license tax by reason of their office.
59-34 June 25 BUILDING & LOAN ASSOCIATIONS. Conversion to Federal savings and loan associations by Missouri building and loan associations shall be determined by a friendly test suit.
59-34 Oct 17 CITIES, TOWNS AND VILLAGES.  Relating to the taxing power of cities having less than ten thousand and more than one thousand inhabitants.
59-34 Nov 22 BUILDING AND LOAN. Person who pledged stock to association may not vote on any question which affects the claim the corporation has against such person.
60-34 Jan 15 State Board of Health WITHDRAWN
60-34 Jan 15 INTERMEDIATE REFORMATORY. Eligibility of convicts, eliminations of ineligible convicts.
60-34 Feb 9 STATE BOARD OF HEALTH. Authority to appoint Local Registrar of Vital Statistics in Cities. Section 9043 R.S. Mo. 1929.
60-34 Feb 9 The State Board of Health WITHDRAWN
60-34 Feb 12 BIRTH CERTIFICATES. Relating to the Powers of Registrar of Vital Statistics, as relates to birth certificates.
60-34 Feb 22 SCHOOLS. Non-resident tuition.
60-34 Apr 10 Dr. E. T. McGaugh WITHDRAWN
60-34 May 1 TAXATION.
SCHOOL DISTRICT.
Assessor’s duty to indicate district whose land is located in making out list; Sec. 9261, R.S. Mo. 1929 applies only to personal property.
60-34 May 9 BIRTH-REGISTRATION. Relating to power of State Registrar to make all rules and regulations to the end that person born prior to 1909, either in this state or out of the state and now resident to register birth.
60-34 May 14 Hon. S. T. McIntyre WITHDRAWN
60-34 May 15 DEAD BODIES. Disposition of same when the property of a penal institution.
60-34 July 3 The State Board of Health of Missouri WITHDRAWN
60-34 July 27 DEATH CERTIFICATE. By whom to be signed.
60-34 Aug 10 CERTIFIED COPIES. Right of State Registrar of Vital Statistics to certify photo-static copies of Birth and Death Certificates.
60-34 Aug 15 SCHOOL DISTRICTS.
APPEAL AND SUPERSEDEAS.
Where Circuit Court renders judgment of ouster against director, appeal and filing of bond does not act as supersedeas; ousted director is not member of board pending the termination of appeal.
60-34 Sept 4 MEDICINE.
PRACTICE OF MEDICINE.
Injunction will lie to restrain any person engaged in the practice of medicine without a license, and same is to be brought by the Prosecuting or Circuit Attorneys in the County or City where the alleged offense occurred.
60-34 Sept 20 DEAD BODIES. Right to remove from one registration district to another without permit.
60-34 Oct 3 GAMBLING. “Whiffle Boards”
60-34 Oct 8 MEDICINE. Qualifications necessary to right of applicant for license to practice medicine to be examined for registration by the State Board of Health.
60-34 Oct 12 ASSESSOR. Rights of assessors in counties of less than 25,000 to succeed himself in office.
60-34 Dec 4 COUNTIES. Liability for personal injuries caused by negligence.
62-34 Jan 17 INSURANCE.
FIRE.
SCHOOL DISTRICT.
“A copy of this opinion should not be released because it is questionable whether or not it expresses the law at the present time. Study is being made to determine whether or not it should be withdrawn.”
62-34 Jan 19 SCHOOL BONDS. Proceeds from bonds voted for purpose of repairing buildings cannot be diverted and used for the teacher and incidental funds.
62-34 Mar 1 SHERIFF. Where prisoner convicted of felony is unavoidably injured while Sheriff is taking him to State reformatory, the State should pay for the necessary medical care.
62-34 Mar 19 SCHOOLS. Liability of Board of Directors.
Right of Teachers to sue on contract.
Payment of Back Warrants.
62-34 Mar 21 CITIES OF THE FOURTH CLASS. May provide for an Excise Commissioner under the Liquor Control Act.
62-34 Mar 22 LIQUOR CONTROL ACT. Does not confer on cities the power to tax salesmen soliciting orders at wholesale from retailers.
62-34 Mar 26 MOTOR VEHICLES ON HIGHWAYS. Relating to the rules of the road on passing a vehicle from the rear at the top of a hill or on a curve where the view ahead is in any way obscured.
62-34 May 10 TAXATION. City Collector entitled to two per cent commission on delinquent tax collections.
62-34 May 12 CIRCUIT CLERK DEPUTIES. Governed by Senate Bill 74 page 371, Laws of Missouri, 1933 after July 24, 1933.
62-34 Nov 24 TAXATION. County Court may change valuation after tax is delinquent.
63-34 Feb 9 TAXATION AND REVENUE. State Tax Commission, authority to appoint agents to investigate property omitted from assessment lists and to provide for their compensation.
63-34 Mar 8 TAXATION. Property in interstate commerce may not be taxed while in this State, but grain withdrawn from the carrier and stored for the purpose of cleaning, grading, mixing, etc. loses its interstate connection to the extent that it may be taxed in Missouri.
63-34 May 14 REVENUE. Defining the term “revenue” relating to amount of money common Council shall be required to appropriate for use of Police Department in Cities of the First Class.
63-34 Sept 8 TAXATION. Senate Bill 94 does not apply to collection of levee and drainage district taxes.
63-34 Sept 15 TAXATION. Board of Equalization and Board of Appeals have the inherent right to adjourn from time to time to carry out the duties imposed upon them by Statute.
63-34 Nov 2 TAXATION.
COUNTY COLLECTORS.
County Collector not required to have seal.
64-34 Jan 13 BANKS & BANKING. County depositary not relieved of liability by vacation of ex parte circuit court order.
64-34 Jan 24 BANKS & BANKING. Commissioner and Special Deputy Commissioner should not invest funds in interest-bearing securities, but deposit same in state banks, savings banks or trust companies as provided by Section 5331 R. S. Mo. 1929.
64-34 Jan 26 BANKS & BANKING.
DEPOSITARY, COUNTY.
Judgment of Circuit Court relieving bank of liability for county funds. Relieving bank of liability for county deposits by judgment of court.
64-34 Feb 10 BANKS AND BANKING. Commissioner of Finance has right to fix fees of attorneys of failed banks.
64-34 Feb 16 SCHOOLS. Relating to claimants to lands by adverse possession against public school districts. Relating to the power and authority of school boards to employ teachers or superintendents beyond the term of their office.
64-34 Mar 3 COUNTY BUDGET. Classification of boarding prisoners.
64-34 Mar 26 BANKS & BANKING. Restricted deposits, permitted to be withdrawn under Commissioner of Finance’s regulations, not preferred claim in event bank closes.
64-34 Apr 2 PUBLIC ADMINISTRATOR. Appointment by the Governor to fill vacancy is to be filled at the first general election held after such appointment.
64-34 Apr 10 ELECTIONS. Absentee ballots may be voted in a special election to be held May 15; persons who will be out of the State of Missouri may vote absentee ballots providing they are marked before officers who are authorized to administer oaths in the State of Missouri.
64-34 May 15 BANKS & BANKING. Claims of United States have preference over other claims against failed banks.
64-34 May 29 BANKS AND BANKING. Re withdrawal of securities by trust companies under Section 5463.
64-34 May 29 REVENUE. Section 9868 R. S. Mo. 1929 limited by Section 11, Article 10, Missouri Constitution.
64-34 June 5 NEPOTISM. The violation of Section 13 of Article XIV of the Constitution does not automatically remove director; proper proceedings must be brought for that purpose.
64-34 June 11 SCHOOL DISTRICTS. School district desiring to be annexed to a city or town district may do so by complying with the provisions of Section 9342, R. S. Mo. 1929.
64-34 July 3 Hon. Merrill E. Montgomery WITHDRAWN
64-34 Aug 23 AUTOMOBILES.
LARCENY.
Theft of battery is larceny and not tampering with motor vehicle.
64-34 Aug 23 STOCK LAW. May be submitted to voters for purpose of terminating or continuing enforcement.
64-34 Oct 24 BANKS & BANKING. Records and files in possession of Commissioner of Finance for defunct banks, open for inspection of interested parties.
65-34 Feb 15 OPINION.
COUNTY COURT.
PRIVATE CAR TAX FUND.
What disposition is to be made of money in County Treasury to the credit of said fund under Sections 10052-10063 R. S. Mo. 1929.
65-34 Mar 8 COUNTY BUDGET LAW. County court cannot reduce the salary of any officer which is fixed by statute in order to balance the budget; can reduce the salary of appointive officers.
65-34 Mar 15 LIQUOR CONTROL ACT. County courts not authorized to license wholesale dealers, distillers, manufacturers or brewers.
65-34 Apr 5 SCHOOLS. Under Section 17, Laws of Missouri 1931, page 344, board may increase the levy in excess of twenty cents and reject the equalization fee or minimum guarantee.
65-34 Apr 6 COUNTY SCHOOL FUND. County Court having foreclosed a mortgage on property on which they have loaned money belonging to the County School Fund and having bid the property in at the foreclosure sale, cannot allow the mortgagor to redeem property by accepting bonds of the Home Owner’s Loan Corporation.
65-34 Apr 23 TAXATION.
BOARDS OF EQUALIZATION.
Must give effect to Senate Bill 34, page 419, Laws of Mo. 1933 in setting valuations for 1934 taxes.
65-34 May 17 TAXATION.
REVENUE.
Assessor has the authority to require taxpayers to make an itemized list of the property, as covered by classes 7, 8 and 9 of Section 9756, R.S. Mo. 1929; and all property must be returned for assessment at its true value, and any note or instrument is solvent up to its true value in money, whether that means face value or not.
65-34 June 7 SCHOOLS.
TAXATION.
Board of Directors authorized to withdraw estimate found insufficient to pay interest and principal on bonds, and to submit in lieu thereof a new and sufficient estimate.
65-34 Aug 24 LIQUOR CONTROL ACT. County Court has no authority to grant a license unless Sec. 27 of the Liquor Control Act be complied with.
65-34 Sept 27 Hon. Lee Mullins WITHDRAWN
66-34 Jan 11 STATE FUNDS AND PROPERTY. Right of State Treasurer to accept Home Owners Loan bonds in Exchange for Real Estate Security obtained by reason of Default of State Depositories; also to accept Federal Farm Loan Bonds.
66-34 Jan 17 ASSESSOR. Should assess land as acreage when plat nullified by foreclosure of prior Deed of Trust.
66-34 Jan 25 ESCHEAT REFUNDS FROM STATE TREASURER. Order must be directed to State Auditor and not State Treasurer.
66-34 Feb 14 BONDS.
STATE TREASURER.
Executor of deceased owner of registered bonds entitled to receive accruing interest thereon without having bonds formally registered in executor’s name.
66-34 Mar 2 STATE TREASURER.
DEPOSIT PUBLIC FUNDS.
Revenue Notes of State of Illinois not acceptable as security for State deposits. Revenue Notes not acceptable; not registered bonds within meaning of Sec. 11469, and not acceptable by State Treasurer as security for State deposits.
66-34 Mar 6 BANKS & BANKING. National banks located in Missouri may pledge their assets to secure state deposits.
66-34 Mar 27 STATE TREASURER.
CONSCIENCE MONEY.
How disposed of by State Treasurer.
66-34 July 17 APPROPRIATIONS.
STATE TREASURER.
STATE AUDITOR.
Appropriations provided for in Section 41, Laws of 1933, page 86, with reference to schools, expires under the provisions of Section 19, of Article X of the Constitution of the State of Missouri.
66-34 Aug 17 ELECTIONS. Necessity of Congressmen to file expense account.
66-34 Aug 22 APPROPRIATIONS.
STATE TREASURER.
STATE AUDITOR.
Appropriations for vocational education, Section 41, Laws 1933, p. 86, for biennial period of 1933-1934.
66-34 Aug 29 INHERITANCE TAX.
LIFE ESTATE.
Life Estate of Widow and remainder should be taxed according to provisions of Sec. 595, RSMo 1929, and tax should be at highest rate possible under provisions of Inheritance Tax Law of Mo.
67-34 May 3 STATE BOARD OF HEALTH. Relating to the changes made by the Legislature in 1933 concerning the State Board of Health and Health Commissioner; the duties of the State Board of Health in relation to the Health Commissioner; and changes relating to the by-laws, under the statutes governing the operation of the board.
67-34 Oct 19 STATE BOARD OF HEALTH. Various questions concerning duties, funds, Commissioner of Health, chiropody, cosmetology etc.
67-34 Nov 20 STATE BOARD OF HEALTH. Authority of the Board to employ agents and fix compensation.
69-34 Jan 17 TAXATION. Delinquent land taxes enforced under Senate Bill 94 after July 24, 1933.
69-34 Feb 27 QUO WARRANTO.
OFFICERS.
Cities of the Fourth Class.
69-34 Apr 12 SALARIES AND FEES. Court Reporter’s salary determined by decennial census.
69-34 June 28 LIQUOR CONTROL ACT. Board of trustees of an incorporated village may charge for licenses issued to manufacturers, distillers, brewers, wholesalers and retailers of intoxicating liquor.
69-34 Sept 1 INSURANCE DEPARTMENT.
CORPORATIONS.
SECRETARY OF STATE.
Receiver of dissolved insurance corporation does not have authority to sell the charter of the corporation and no rights could be acquired by such a sale.
69-34 Sept 7 DENTISTS.
INTOXICATING LIQUORS.
Without authority to write prescriptions for intoxicating liquors.
69-34 Sept 8 TOWNSHIP ROAD BOND FUNDS. Monies in hands of township trustee for use in paying principal and interest on road bonds cannot be invested but must be placed by trustee in bank on order of township board of directors.
69-34 Sept 12 OFFICERS.
CIRCUIT CLERK.
Section 3945, R. S. Mo. 1929, makes misconduct or abuse of authority in office a misdemeanor; Section 11681, R. S. Mo. 1929, makes a willful act contrary to duties a misdemeanor; whether or not Clerk wrongfully issuing subpoenas is guilty under either section depends upon full development of facts.
69-34 Sept 28 TAXATION. Senate Bill 94; limitations as applied to sales of delinquent real estate. Section 9961 Revised Statutes Missouri 1929, did not apply to Senate Bill 94 and lands for delinquent taxes for 1928 may be sold under the provisions of Senate Bill No. 94.
69-34 Oct 4 INSURANCE DEPARTMENT. In order to increase capital stock of a life insurance company, names of the subscribers of same, the amount paid, or the securities given by such subscribers guaranteeing payment must be shown in the proceedings to increase the capital stock.
69-34 Oct 19 ELECTIONS. Printing of ballot to vote on dog tax may be done on regular election ballot and not invalidate same but a better form would be to have a separate ballot.
69-34 Dec 28 COUNTY BUDGET ACT. The surplus in any class may be used to make up the deficit in any other succeeding class when it does not jeopardize priorities of payment of the other classes.
69-34 Dec 29 INSURANCE. Approval of Stock increase Liberty National Life Insurance Company.
69-34 Dec 31 INSURANCE. Approval of decrease in par value of stock American Life Insurance Company.
70-34 Jan 5 TOWNSHIP TRUSTEE AS EX OFFICIO TREASURER. Compensation on sums received and disbursed.
70-34 Jan 19 Hon. W. W. Parker, President WITHDRAWN
70-34 Feb 16 OPTOMETRY BOARD. 1. Expenses of Board for witness fees, mileage, etc. can be paid.
2. Board not entitled to expenses for traveling investigator of unlicensed operators.
70-34 Mar 21 SCHOOLS. Qualifications of Superintendent.
70-34 Mar 23 DELINQUENT TAX ATTORNEY. Appointment and compensation must be approved by county court, Section 9952 R.S. Mo. 1929.
70-34 Apr 11 CONSTABLES. Fee for trial or confession in justice court.
70-34 Apr 16 OFFICERS.
NOTARY PUBLIC.
United States Postmasters cannot at the same time be a notary public in Missouri.
70-34 Apr 19 MARSHALL SUPREME COURT. Mileage fees when prisoner escapes.
70-34 May 7 NEPOTISM. Second cousin not related within the third Degree, as prohibited by Section 6529, R. S. Mo. 1929.
70-34 June 29 SHERIFF. It is the duty of the local sheriff to convey the prisoner to the penitentiary when an appeal is dismissed in the Supreme Court for failure to prosecute same on behalf of the defendant.
70-34 Sept 4 TAXATION. Effect of judgment on House Bill 124.
70-34 Dec 17 HOME OWNERS’ LOAN CORPORATION BONDS. Bonds issued under Amended Act of June 27, 1934 may be accepted as collateral for state funds and county deposits; bonds issued prior to effective date of amended section are not acceptable unless they have since received same guarantee.
71-34 Oct 2 PUBLIC NOTICES. So long as Republican newspaper complies with Sec. 13773, R.S. 1929, County Clerk must make publication of election notices in same.
71-34 Oct 8 TAXATION. Cities special charter provision for collection of delinquent taxes prevail over general statutes.
71-34 Dec 26 COUNTY OFFICERS. Term of office prescribed by statute may be terminated by amendment of statute.
72-34 Mar 2 RAILROADS. Railroad Company may eject an intoxicated person on train.
72-34 Mar 7 COUNTY BUDGET ACT. (1) Priority of classifications.
(2) Treasurer required to keep records and apportion money according to classifications of Section 2.
(3) Surplus money of county on hand January 1, 1934 to be classified, apportioned and paid out according to the County Budget Act.
72-34 Mar 13 SCHOOLS.
SCHOOL DISTRICTS.
Surrendering of $50.00 warrant which cannot be paid in full for lack of funds, in exchange for smaller warrants would be in effect making partial payments upon outstanding warrants, in violation of Section 9312, R. S. Mo. 1929.
72-34 Apr 4 GAMBLING DEVICES. “Rocket” and “Sportsman” machines.
72-34 June 6 TAXATION. Collection of delinquent city taxes under Senate Bill 94.
72-34 June 14 ELECTIONS.
ABSENTEE VOTER.
County Clerk can have Absentee Ballots printed more than ten days before the primary election. A qualified voter must apply in person to the county clerk, board or election commissioners of the county in which he claims residence for an absentee ballot.
72-34 Sept 12 COUNTY HIGHWAY ENGINEER.
COUNTY COURT.
Right to appoint assistant.
Right to fix compensation of assistant appointed by County Highway Engineer; right to reimburse County Highway Engineer for gasoline and oil purchased by him and used in performing his duties; right to pay County Highway Engineer monthly sum for use of his privately owned automobile in performing his duties.
73-34 Apr 17 OFFICERS. Cities of the Fourth Class shall elect and qualify for Mayor and Aldermen in the following manner.
73-34 May 10 TAXATION. Duties of County Clerk under Senate Bill 34, page 419 Laws of Missouri, 1933.
73-34 May 11 CITIES OF THE FOURTH CLASS. Candidate in arrears on city taxes on day of election cannot be elected to office.
73-34 May 14 TAXATION AND REVENUE. Method of Transferring and buying out funds collected by County Collector, as school taxes.
73-34 May 24 TAXATION. How to place omitted property on assessment rolls. Information on perjury for making false tax returns.
73-34 July 14 TAXATION AND REVENUE. Method of transferring and paying out funds collected by County Collector as school taxes.
73-34 Aug 17 TAXATION. Drainage District Bonds subject to taxation under the Laws of this state.
73-34 Sept 18 SCHOOLS. Relating to the apportionments of school money to the various school districts in different funds.
73-34 Nov 9 FOREIGN MUTUAL FIRE INSURANCE CORPORATIONS. Authority to accept all-cash premium.
73-34 Nov 10 FRATERNAL BENEFIT ASSOCIATIONS. City of fourth class has no power under Section 7046, Revised Statutes of Mo. 1929, to require a license tax on agents selling fraternal insurance.
74-34 Jan 8 TAXATION.
POLL TAXES.
Discussion of cities’ right to collect poll taxes and right of exemption.
75-34 Feb 22 LIQUOR CONTROL ACT. Intoxicating liquor may be sold in original package not for consumption on premises anywhere in Missouri when proper licenses are obtained. Definition of “city” in Sec. 13-a applicable to whole Act. County court has only power to issue licenses-cannot regulate.
75-34 Mar 28 PROSECUTING ATTORNEY. County Collector must accept past due drainage bonds or coupons in payment of taxes levied for the payment of bonds or coupons of the same issue, but is not allowed to accept such in payment of any tax levied for any other purpose.
75-34 Apr 11 WAREHOUSES. Construction of new warehouse and sealer laws – relating to form of applications to county clerk and to sealer, and fees of sealer.
75-34 May 8 CARDING OF PRISONERS. County or state must pay cost of boarding prisoners to an adjoining county when there is no jail in the county where the crime was committed; county liable for cost in case of misdemeanor—state in case of felony under Sec. 8551, R.S. Mo. 1929.
75-34 Oct 9 FEES.
COLLECTORS – COUNTY CLERKS.
Fees of collector and county clerk under Sec. 9945 and 9969.
75-34 Nov 10 NEPOTISM. Persons related as first cousins or more closely come within the fourth degree; second cousins do not come within the prohibition of the Constitution.
76-34 Jan 19 PROSECUTING ATTORNEY. Salary fixed by Sec. 11314 R.S. Mo. 1929 and fees allowed for convictions in felony cases must be turned over to county treasurer.
76-34 Aug 31 Hon. E. L. Redman WITHDRAWN
76-34 Oct 1 DRAINAGE DISTRICTS.
TAXATION.
CONSTITUTION.
Lands purchased by a drainage district at a tax sale or redeemed from taxes, are not exempt from the payment of general taxes under Section 6, Article X of the Constitution of Missouri.
77-34 Feb 21 SCHOOLS. Transportation Fund received from State should be placed in Incidental Fund. Warrants in payment of transportation should be issued and paid from the Incidental Fund.
77-34 Aug 3 ESCHEATS. Construction of the Statutes (R. S. Mo. 1929, Sec. 625, et seq.) relating to proceedings on behalf of the state for escheated lands.
77-34 Sept 13 OFFICERS. Under Section 4 of Article XIV of the Constitution of Missouri, a person cannot hold office under the United States and under the State of Missouri, and the acceptance of an office under the United States would vacate the office of Probate Judge.
78-34 Mar 26 LIQUOR CONTROL ACT. Answering six questions relating to various phases of the Act.
78-34 May 3 ELECTIONS.
PHARMACISTS.
I. Relating to Qualification of a candidate for office who failed to comply with Corrupt Practice Act.
II. Relating to authority of druggist to sell intoxicating liquor on prescription on Sunday or Election Day under Intoxicating Liquor Act.
78-34 Sept 27 DELINQUENT TAXES. Publication must be in one newspaper of general circulation.
78-34 Oct 31 TAXATION. City tax fourth class city inferior to State and County taxes.
78-34 Nov 10 TAXATION. Lands purchased by William Jewell College at foreclosure, for payment of endowment funds loaned by it on the lands as security, are exempt from taxation.
79-34 Jan 17 ROAD DISTRICTS. Whether bond of district is barred by Statute of Limitations depends upon whether or not person holding bond is under disability, as provided in Section 868, R. S. Mo. 1929.
79-34 Feb 7 COMMISSION FOR THE BLIND. Members of Commission for the Blind must file Federal Income Tax returns for private income.
79-34 Mar 1 NEPOTISM. Sec. 13, Art. XIV, Mo. Constitution does not apply to appointment of one’s self. Employment of one’s self by school director to transport own children to school does not forfeit office and money received therefor is not embezzlement under provisions of Sec. 4091 R.S. 1929; prosecution under Sec. 4090, R.S. 1929.
79-34 July 21 COLLECTOR’S BOND. Township Board may properly accept new bond under Extra Session Laws 1933-1934, p. 167, where old bond does not cover full term as required by law.
79-34 Aug 27 BLIND COMMISSION.
GARNISHMENT.
PENSIONS.
SCHOOLS.
Liability of Missouri Commission for the Blind to garnish wages.
79-34 Nov 21 NOTARY PUBLIC. Notary Public commissioned in the State of Missouri not permitted under the law to attest his own signature.
80-34 Feb 21 CRIMES AND PUNISHMENTS. Under Section 7782, para. a, to tamper with an automobile is a crime, and according to Webster, to tamper means to alter or change without right. Since our courts have not interpreted the word we cannot definitely say whether a person who removes a part and carries it away should be prosecuted under said Section, instead of under the Larceny section.
80-34 May 26 ROAD DISTRICTS. Commissioners of road districts would be personally liable for paying out money of district upon contract entered into in violation of Section 13 of Article XIV of the Constitution of Missouri.
80-34 June 1 ELECTIONS.
PRIMARY.
Last day for candidates to file for August Primary Election, 1934.
80-34 June 27 Hon. Wm. H. Sapp WITHDRAWN
80-34 Aug 16 DEPARTMENT OF PENAL INSTITUTIONS. Inmates of Intermediate Reformatory should be held in that institution until ordered transferred by the Commissioners of Penal Institutions with the consent of the Governor.
80-34 Sept 7 HIGHWAY PATROL. Members of the State Highway Patrol are not entitled to receive rewards for the apprehension of escaped convicts from the Missouri State Penitentiary.
80-34 Sept 20 COUNTY COURTS.
SALARIES.
LIMITATIONS.
HIGHWAYS.
Suit by ex-office holder governed by five year statutes of limitations.
Ex-office holders are not estopped to claim back salary.
Rock public roads include gravel roads.
Section 11808 Revised Statutes Missouri 1929 to be used in estimating population until effective date of Laws 1933, page 369.
80-34 Oct 12 SCHOOLS. Right of children of transients to attend free public schools in Missouri.
80-34 Dec 4 PENITENTIARY.
CONVICTS.
WARDEN.
When sentence concurrent or cumulative.
80-34 Dec 7 PENITENTIARY.
CONVICTS.
WARDENS.
Right of Warden to issue certificate of delivery to officers delivering persons to penitentiary.
81-34 Jan 31 LIQUOR CONTROL ACT. Holder of Permit to sell non-intoxicating beer having alcoholic content not in excess of 3.2% by weight is prohibited from obtaining any license under Liquor Control Act.
81-34 Mar 27 DRUGGISTS OR PHARMACISTS.
BOARD OF HEALTH.
After failure of two (2) years to renew druggists or pharmacist’s license, such person stands in same status as original applicant.
81-34 June 22 TAXATION. Relating to exemption of charitable organizations.
81-34 Sept 21 FOOD AND DRUGS. Inspection of, applicability of Article 8 of Chapter 93 of R. S. Missouri 1929 to malted milk beverage.
81-34 Dec 28 SEARCH AND SEIZURE. When illegal intoxicating liquor is found during the progress of a bona fide search for other commodities illegally possessed, it is proper for searching officers to seize the same, and evidence so obtained may be used in prosecution.
82-34 Apr 4 TAXATION. Penalties and Interest on 1932 taxes same as for 1933 taxes under House Bill #124.
82-34 May 3 OFFICERS.
TRUSTEES.
In towns and villages are qualified to hold office as follows.
82-34 July 7 ELECTION. Relating to the right of one person to hold the office of Justice of Peace and Police Judge at the same time in a city of the third class.
82-34 Oct 9 TAXATION. Relating to certain property subject to taxation.
82-34 Nov 15 COUNTY BUDGET. 5 Questions in re: County Budget
83-34 Nov 9 TAXATION. Personal property of World War Veteran not exempt from taxation.
84-34 Mar 31 Mr. William J. Sherwood WITHDRAWN
84-34 May 18 Hon. John P. Shreves WITHDRAWN
84-34 Sept 13 COUNTY TREASURER. Duty to receive and receipt for money tendered him, asserted to be county money.
85-34 Apr 11 Barbers’ State Board of Examiners WITHDRAWN
85-34 Sept 17 SPECIAL ROAD DISTRICTS. Road Commissioner in a Special Road District cannot work on the roads in his district and draw compensation therefor. Special road districts are political subdivisions of the State with reference to the Nepotism Amendment.
86-34 Jan 22 CRIMINAL COSTS. Liability of state for defendant’s costs where case “continued generally”.
86-34 Feb 7 BLIND PESION. Section 12-U House Bill 127, which seeks to divert from the Blind Pension Fund money for the prevention of blindness in the hands of the Missouri Commission for the Blind, is unconstitutional.
86-34 Mar 7 SALES TAX ACT. Sales to churches, schools, court houses, clubs, fraternal organizations, post offices, to municipalities for municipal purposes of electricity, gas and water exempt under sub-section(b) Section 2a House Bill No. 5.
86-34 Mar 9 SALES TAX. Magazine Advertising.
86-34 Mar 20 COUNTY CLERKS. Not entitled to count printed words in calculating fees under Section 9877, page 421, Laws of Missouri, 1933.
86-34 Mar 23 STATE AUDITOR. State institutions and appointive and county officers required to set up and maintain records and forms as prescribed by State Auditor under Section 11479 and may be compelled by the State Auditor in mandamus to so do.
86-34 Mar 31 PENITENTIARY. (1) Use of convicts as servants by officers of Penitentiary;
(2) Paying of subsistence to officers for convicts used as servants.
86-34 Apr 16 SALES TAX. Tax may not be added to articles sold.
86-34 May 11 TAXATION. 6% rebate under Senate Bill 52, Laws of Missouri 1934 p. 153 Extra Session, allowable if taxes paid during June or July.
86-34 May 15 Indirect sales for resale.
86-34 May 17 STATE AUDITOR.
SALES TAX.
Tax to be paid by receivers, executors, etc., when.
86-34 May 19 APPROPRIATIONS. Appropriation under Sec. 12 B of H.B. 127, Extra session, 1933, does not meet requirements of Constitution; likewise, appropriations under Secs. 12A1 and 12 are void and of no effect.
86-34 May 31 STATE AUDITOR.
REGISTRATION OF BONDS.
Injunction suit without writ issued does not prevent Auditor from registering bonds.
86-34 June 16 RECORDER OF DEEDS. 1. Where offices of Circuit Clerk and Recorder are consolidated due to population they may not be separated until the next decennial census but at that time are separated as a matter of law if the population requirement is met.
2. Salary of Circuit Clerk in county of 1940 population is $1900 and same where clerk is ex-officio recorder.
86-34 June 29 STATE AUDITOR. 1. State Auditor cannot issue a warrant under sub-section D, Laws 1933, page 151, which section appropriates money for the operation expense of the motor vehicle registration department, to cover a loss due to robbery.
2. A warrant can, however, be issued under such section to pay collection charges on checks during the bank moratorium.
86-34 July 2 ROADS AND BRIDGES.
TAXATION.
I. Relating to payment of taxes by taxpayers in special road districts in counties under township organization.
II. Relating to special road and bridge taxes, levy and payment.
86-34 July 12 EXPENSE VOUCHERS.
STATE EMPLOYEES.
Are members of the Advisory Board to the State Building Commission required to file such for reimbursement of expense money?
Can such be employed by two different state departments simultaneously?
86-34 July 27 BLIND PENSIONS. Effect of Finding of Eligibility by Commission made in ignorance of death of applicant.
86-34 July 30 OCCUPATION TAX. Individual truck haulers subject to payment of the tax when transporting persons or freight for the public but not when transporting freight or persons under a contract with employer.
86-34 Aug 4 RECORDER OF DEEDS. Proper fee for recorder to charge for marriage license is $1.00 but where recorder conscientiously retains doubt as to age he may take affidavit as to age at a charge of $.25 additional.
86-34 Aug 9 PUBLIC SERVICE COMMISSION. Appropriation Act, construction thereof.
86-34 Aug 10 STATE BOARD OF HEALTH. Compensation and license fees for certificates.
86-34 Aug 23 LIQUOR CONTROL ACT. Intoxicating liquor purchased for purpose of securing evidence to prosecute violators may be paid for out of appropriation under sub-section D, Sec. 12M Laws of Mo. (Ex. Sess) 1933-34.
86-34 Sept 19 COUNTY CLERK. County Court can make contract with County Clerk to make second tax book if it believes the extra book is necessary for the collection of the taxes.
86-34 Sept 21 HOUSE BILL NO. 5.
SALES TAX.
Receipts from sales of admission to football games and other athletic events not subject to tax when same are conducted for and on behalf of colleges, universities and high schools.
86-34 Oct 23 COUNTY COLLECTOR. Compensation under subdivision XIV, Section 9935 R. S. Mo. 1929 for back tax collections.
86-34 Nov 3 INCOME TAX. Section 10144, R.S. Mo. 1929 prohibits State Auditor from divulging information contained in an income tax return to persons other than the taxpayer.
86-34 Dec 4 COLLECTORS. Compensation of county collectors for collecting income taxes, current and delinquent.
86-34 Dec 13 COUNTY CLERKS. Fees received by county clerk by virtue of Section 11679, R. S. 1929, must be accounted for.
86-34 Dec 22 CIRCUIT JUDGES. City of St. Louis, when terms of office begin.
86-34 Dec 28 CIRCUIT CLERKS. Fees in criminal cases under Section 11785 for incorporating bill of exceptions into transcript.
87-34 Feb 19 STATUTES. Of no force or effect prior to effective date.
87-34 Feb 21 APPROPRIATIONS. Section 12-A1 appropriates and transfers to the Grain Inspection Fund $18,000.00 which may be paid out according to the appropriations charged to the Grain Inspection Fund under Section 14, Laws of Missouri 1933, page 98.
87-34 Mar 9 ELECTIONS. An election to determine whether or not intoxicating liquor shall be sold in a city must be a special election and must not take place within 60 days of any general election; city or school election not a general election under the Constitution and Laws of Mo.
87-34 Apr 5 TAXATION. No time limitation on assessment of omitted property.
87-34 May 15 MOTOR VEHICLES. Motor Car Salesmen required to register as registered operator under motor vehicle act.
87-34 May 23 SCHOOLS. Requirement of county superintendent to have state certificate in order to hold office—“State Certificate” discussed.
87-34 July 2 ELECTIONS.
PRIMARY.
Depositing a written declaration of candidacy in mails is not a filing; but declaration must have been in County Clerk’s office before June 8, 1934, the last day for filing.
87-34 Sept 14 NATIONAL BANKRUPTCY ACT. Agricultural compensations and extensions – liability for cost of publication of notice.
88-34 Jan 5 FEES OF MESSENGER.
EXTRADITION OF FUGITIVES.
To be fixed in amount by governor.
Expenses of messenger fixed by governor.
88-34 Jan 6 TAXATION.
SCHOOL DISTRICTS.
Question of right to collect taxes on newly acquired territory by consolidated school district discussed; assessor’s duty to indicate district where land is located in making out list; personal notice need not be given to owner of newly acquired land; county superintendent’s duty to file plat of district with county clerk.
88-34 Jan 11 MOTOR VEHICLES. License registration fee, amounts to be charged under recent act discussed.
88-34 Jan 27 MOTOR VEHICLES. Commissioner of Motor Vehicles does not have to amend certificate of ownership to show liens or encumbrances; neither is he compelled to file notices of releases or filing of mortgages.
88-34 Jan 30 SHERIFF. County is not liable for supplies purchased by sheriff to be used in courthouse unless the jail is in such courthouse and such supplies are for use in said jail and deemed necessary by said sheriff for the proper administration of said jail.
88-34 Mar 8 PROSECUTING ATTORNEY. Where chattel mortgage is filed in one county and unauthorized sale of the chattel is made in another county, the latter county is the proper county in which to bring the prosecution.
88-34 Apr 18 NEWSPAPERS. Independent newspaper cannot qualify for publications under Sec. 10249, R.S. 1929.
88-34 June 16 TAXATION.
SCHOOL DISTRICTS.
Section 1, Laws of Missouri 1931, page 349, is not unconstitutional as being in conflict with Section 6 of Article X, which exempts school property from general taxes.
88-34 Sept 5 TAXATION. Procedure established by Senate Bill 94 applicable in cities of the third class.
88-34 Sept 11 TAXATION. Under Section 9868, R. S. Mo. 1929, upon petition by County Court, Circuit Judge may issue order directing increased levy and may, under same section, revoke its prior order.
88-34 Nov 15 SCHOOLS.
COUNTY SCHOOL FUND.
Right of county court to reduce or waive interest or principal of loans from county school fund secured by farm real estate mortgages.
88-34 Dec 7 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.
88-34 Dec 19 MOTOR VEHICLE LICENSE FEES. License fee for trailers and semi-trailers should be based on live load capacity of such trailer or semi-trailer.
89-34 Feb 21 COUNTY WARRANTS. Warrants reduced to judgment do not lose their priority nor does the judgment extinguish priority.
89-34 May 29 COUNTIES. No priority with respect to interest payments.
89-34 June 12 RECORDER OF DEEDS. Fees to be charged for recording Deeds of Trust.
89-34 Sept 7 I. Relating to construction of Section 9044 as amended by laws of 1933.
II. Relating to authority of cities to pass ordinance exceeding the charter rights in conflict with state laws.
90-34 Jan 2 SPECIAL ROAD DISTRICTS. Where Special Road District in grading a road damages culvert driveway in front of farm home, said district is not liable for said damage.
90-34 Mar 19 BANKS AND BANKING. Township Boards not permitted under the law to purchase Capital “B” Notes.
90-34 July 3 ELECTIONS.
PRIMARY.
Only one Party Ballot can be handed to each Elector.
90-34 Oct 8 Mr. J. Olin Taylor WITHDRAWN
90-34 Oct 26 NEPOTISM. Member of Board of Aldermen may not pay upon the appointment of his brother as City Attorney without violating Section 13, Article XIV, of Missouri Constitution.
Member of Board of Aldermen who also holds the office of City Clerk does not forfeit both offices by passing upon the appointment of brother in his capacity as Member of Board of Aldermen.
Both appointor and appointee forfeit office under the Nepotism law.
The Nepotism Law of Const. of Mo. applies to Cities of Fourth Class.
90-34 Dec 20 TAXATION.
GASOLINE TAX.
Federal Emergency Relief Administration exempt from gasoline tax.
91-34 Feb 15 COUNTY WARRANTS. An opinion relating to the payment of delinquent county warrants.
91-34 Mar 22 CITIES OF THE THIRD CLASS. Relating to the Extension of its city limits.
91-34 Apr 18 PETITION. Form in action for deficiency in public school fund loan.
91-34 Apr 27 SCHOOL DISTRICTS. Discussion as to who are elected school directors where 6 run for three offices without announcing for which terms they aspire, and where some receive the same number of votes.
91-34 May 31 SHERIFF.
TRUSTEE.
When sheriff is appointed by the court as trustee to foreclose a deed of trust, deputy sheriff can make a legal and binding sale.
91-34 July 9 Hon. Vane C. Thurlo WITHDRAWN
91-34 July 17 CRIMINAL USURY. One violates the criminal code of Missouri who charges in excess of 2% per month as interest for a loan.
91-34 Aug 1 VOTING. Members of Veterans Administration department of Federal Government are entitled to vote in Missouri.
91-34 Aug 8 TAXATION. Municipalities may tax real estate within city limits regardless of acreage.
91-34 Oct 31 TAXATION. Senate Bill 94. Published list of delinquent lands to be made according to any legal subdivision as the same may be according to ownership. Cost of publication to be prorated against all lands in publication.
91-34 Nov 22 ELECTIONS. Where more votes are cast than names on the poll books, the illegal votes, if any, could be thrown out, but this would not necessitate throwing out entire vote of the precinct.
91-34 Dec 18 DEAD BODIES. Definition of common carrier of, under R.S. Mo. 1929, Chap. 52, Art. 3.
92-34 Jan 10 COUNTY COLLECTOR. Subdivision XIV of Sec. 9935, R.S. Mo. 1929 unchanged by subdivision XIV of Sec. 9935, Laws of Mo. 1933, p. 454.
92-34 Oct 10 CITIES, TOWNS & VILLAGES. Under Section 7030 R. S. 1929. Bond issue under Section 7030, R. S. 1929, for construction of waterworks carried by two-thirds vote of those voting at election held for that purpose.
93-34 Jan 8 NOTARIES PUBLIC. Clerical position not within the intent of the words “an office of profit under the U.S.”.
93-34 Dec 28 CIRCUIT CLERKS. Circuit Clerks are to be paid on a basis of fees collected by them and not on a basis of fees earned by them.
95-34 Feb 17 PROBATE CLERKS. Probate Court may not have more than one clerk in one place but deputy clerks may be appointed in same place by the clerk with the approval of the probate judge.
95-34 May 29 SCHOOLS. A school director cannot enter into a contract with his school board for the sale of insurance or any other commodity-the same being against public policy.
95-34 June 20 PROBATE JUDGE. 1. Sheriff must be and remain in attendance upon the Probate Court when the same is in session.
2. The Probate Court has not power to appoint a bailiff as an officer of the Court to keep order, summon witnesses, etc.
95-34 June 21 COUNTY TREASURER & EX-OFFICIO COLLECTOR. Act of 1933 reenacting Sec. 12316, R. S. Mo. 1929, goes into effect 90 days after adjournment or July 24, 1933, and from that time on, rate of commission is based on new law.
95-34 Nov 8 Hon. Thomas A. Walker WITHDRAWN
96-34 Feb 10 TRUCKS. Relating to classification of trucks which come under regulations of P.S.C. and discusses interstate and intra state transportation.
96-34 Mar 9 TAXATION AND REVENUE. Interstate Commerce under Act of 1933, Section 9, House Bill No. 5 – Applicability of Act to receipts by newspaper publisher in Missouri from advertising and newspaper service furnished to advertiser outside of Missouri.
96-34 Apr 12 SPECIAL ELECTIONS. Sec. 10389 not applicable – only necessary to appoint two judges and two clerks at each polling place for the Bond election on May 15, 1934.
96-34 May 1 PHYSICIANS.
CHIROPODISTS.
A registered physician may hold himself out to the public as a chiropodist, and in so doing does not violate criminal law.
97-34 May 24 SCHOOLS. Employment of teachers and number thereof discretionary with board—contingent upon funds in possession or amount voted.
97-34 July 13 ELECTIONS. Vacancies occurring before primary must be filled after the primary election.
97-34 July 16 CONSTABLE.
HIGHWAY PATROLMEN.
JUSTICE COURTS.
Arrests made by Highway Patrolmen not predicated on warrant issued to a constable. Constable alone is not the only officer of a Justice Court. Constable fees out of Justice Court are limited to statutory allowance and are collectible only where actual service is rendered.
97-34 July 31 Hon. William J. White WITHDRAWN
97-34 Dec 26 TAXATION. House Bill 124 page 166, Laws Missouri Extra Session 1933-1934, not a temporary measure.
98-34 Mar 10 NEPOTISM. Right of City Council in Louisiana, Missouri, to appoint a brother of one of their members as an election judge in a city election.
98-34 Mar 19 PUBLIC HEALTH.
SCHOOLS.
Deputy State Commissioner of Health – Effect of Laws of 1933, page 271 on right to office under R. S. Mo. 1929, Section 9025. Salary of County Superintendent of Schools as changed by Laws of 1933, page 384.
98-34 Mar 31 WITNESS FEES. Expert Witness fees for State Witnesses are properly chargeable under certain circumstances.
98-34 Apr 3 STATE BOARD OF EQUALIZATION. Has implied powers to employ clerks necessary in the preparation of the Journal of the State Board of Equalization, assessments, examination of county tax returns, etc.
98-34 May 11 TAXATION AND REVENUE. Application of Senate Bill 94 to delinquent city tax collections depends on classification of cities.
98-34 June 6 SCHOOL DISTRICTS. Financial statements shall contain what. School Boards may be compelled to publish annual statements, how.
98-34 June 21 COUNTY FUNDS. Classes should be paid in order of their priority; not necessary to retain funds in Class 1 to detriment of other classes in advance of time payments are due; balance in special road fund and grand and petit jury funds for 1933 can be transferred to 1934 county revenue fund after outstanding warrants are paid.
98-34 Dec 1 Mrs. Sallie Wilson WITHDRAWN
98-34 Dec 18 CONFEDERATE SOLDIERS’ HOME. Compensation of treasurer of board of trustees.
99-34 Apr 12 GAMBLING. “Bank Night”
99-34 May 17 COUNTY CLERK DEPUTIES. Entitled to increase authorized by Section 11811 Laws of Missouri 1933, page 371.
99-34 May 29 MOTOR VEHICLES. Right of City to license is not affected by Motor Bus and Truck Law.
99-34 Aug 21 CHIROPRACTORS. Right to possess or prescribe narcotics.
99-34 Sept 14 TAXATION. Where drainage district acquired land upon which there are delinquent state, county, school and road taxes, it takes such land subject to the taxes, which may be enforced by such political subdivision if not paid.
99-34 Dec 8 CIRCUIT CLERKS WHO ARE EX-OFFICIO RECORDERS OF DEEDS. Bond required for each capacity – both offices to be assumed on first Monday in January.
99-34 Dec 26 COUNTY CLERK FEES.
SALARIES & FEES.
County Clerk not entitled under Section 11781 to 50 cents for attesting each county warrant.
100-34 June 9 TAXATION. Past due bonds and coupons of drainage and levy districts may be used to pay tax imposed for purpose of paying such bonds and coupons. Section 9911 R. S. Mo. 1929.
100-34 Aug 30 Mr. W. J. Yount WITHDRAWN
100-34 Nov 10 COUNTY BUDGET LAW. Balance in any of five classes entitled to priority may be transferred to Class 5 on certain conditions. Boarding of prisoners should be in Class 4;
Receipts for expenses paid by relatives of patients in Hospital No. 2 should be taken into consideration in estimating receipts under Sec. 1.
100-34 Nov 12 TAXATION. House Bill 124 Extra Session, applies to penalty on “taxes”, does not apply to drainage district assessments.