1934 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-34Feb 16DISTRICTS. Book Fund can only be used for the purchase of free textbooks.
1-34Mar 1VOTING. Members of Citizens Conservation Camp are entitled to vote in Missouri. When?
1-34Mar 5DEPOSITIONS. 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.
1-34July 12Hon. Herbert M. Adams WITHDRAWN
1-34July 28ELECTIONS. 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.
1-34Oct 15CORPORATIONS.
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.
1-34Oct 23TRADE-MARK.
ABANDONMENT.
Evidence not sufficient to constitute abandonment of Trade-Mark.
1-34Oct 31ELECTIONS. 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.
2-34Mar 3SCHOOLS.
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.
2-34May 8COUNTY 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.
2-34June 1MUNICIPALITIES. Construction of Charter provisions of Maplewood, Mo.
2-34June 13LIQUOR CONTROL ACT. Licensed wholesale distributor may employ agent and agent need not obtain a license.
2-34June 28COUNTY 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.
2-34July 10Hon. E. W. Allison WITHDRAWN
2-34July 18SCHOOL 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.
2-34Aug 20HOME 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.
2-34Aug 21LOTTERIES.
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.
3-34Mar 23NEPOTISM. 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.
3-34Sept 11CRIMES AND PUNISHMENT.Under Section 4287, R. S. Mo. 1929, it is unlawful to operate slot machines.
3-34Sept 12LOTTERIES.Relating to the subject of lotteries as defined by our statutes and constitution.
3-34Oct 31ELECTIONS. Members of Federal Transient Camps are entitled to vote in the general election providing they possess the other necessary qualifications.
4-34Feb 27TOWNSHIP 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.
4-34May 16TAXATION. Collection of delinquent city taxes under Senate Bill 94 in cities.
4-34Aug 31CORPORATIONS, 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.
5-34Jan 29PURCHASING AGENT ACT. Inapplicable to the University of Missouri.
5-34Feb 22COUNTY 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.
5-34June 28ELECTIONS. Under Section 10267a not necessary for the Board of Election Commissioners to print ballots for the Socialist Party in the County of St. Louis.
5-34June 29ELECTIONS. Judges of election may be appointed, even though a member of their family be a candidate for county office or central committee.
5-34Nov 27ROADS. Taxability of public roads and inclusion of land on which such roads are located in Assessor’s books.
6-34Jan 9NEPOTISM. 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.
6-34Feb 2LIQUOR CONTROL ACT.Corporations may be licensed and Section 27 not applicable to them.
6-34Feb 23ELECTIONS. 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.
6-34Feb 26BOARD OF ELECTION COMMISSIONERS. Authority to remove judges and clerks of election.
6-34Apr 12LIQUOR 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.
6-34Apr 24LIQUOR 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.
6-34May 24LIQUOR 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.
6-34June 14LIQUOR 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.
6-34Sept 6MERCHANT 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).
6-34Sept 7TAXATION.Agencies of State Government required to pay both State and municipal gasoline taxes.
6-34Oct 12PROBATE 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.
6-34Dec 5COUNTY TREASURER. Laws Mo. 1933, p. 357 do not apply to Randolph County.
6-34Dec 22OFFICER.
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.
7-34Jan 25COUNTY TREASURER.An opinion on question of whether present county treasurers are eligible as candidates for office of county collector in election of 1934.
7-34May 12BANKS & BANKING. Right of subrogation of Federal Deposit Insurance Corporation in event of failure of banks in Missouri.
7-34Aug 25COUNTY TREASURER.County treasurer cannot serve as deputy to County Collector while remaining Treasurer.
8-34Oct 2Hon. Louis W. BlockWITHDRAWN
9-34Jan 23COUNTY COURTS.
COLLECTORS’ BONDS.
Authorized to examine collector’s bonds. May be examined by County Court. “Additional Bond” means a new bond.
9-34Jan 23COUNTY FINANCIAL STATEMENT.Opinion relating to the annual financial statement of counties as provided under section 12165. Laws 1933, page 353.
9-34Jan 24SCHOOLS.An Opinion relating to payment of delinquent school warrants.
9-34Dec 20ELECTIONS.Necessity of registrar elect having property qualification in order to receive certificate of election.
10-34Jan 18DEPARTMENT 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.
10-34Jan 19FUNDS. “County public school fund”, “seminary fund” and “public school fund” discussed.
10-34Jan 22OPTOMETRY 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.
10-34Mar 10LIQUOR CONTROL ACT. County Court may charge for licenses issued to retail dealers.
10-34Mar 12LIQUOR 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.
10-34Mar 12PROSECUTING 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.
10-34Mar 15STATE ATHLETIC COMMISSION. Has no authority to waive collection of tax provided by Sec. 12999, R.S. ’29.
10-34May 16SANATORIUM. Transportation of Patients to Missouri State Sanatorium and Compensation therefor.
10-34June 1COUNTY DEPOSITARIES. Rate of Interest to be paid by County Depositary for County funds.
10-34July 9LICENSES FOR CREAM STATIONS. Are milk and cream gathering routes entitled to be licensed as milk stations?
10-34Aug 9CRIME AND PUNISHMENT. Obtaining a signature to promissory note by false pretenses.
10-34Aug 24JACKSON COUNTY BOARD OF ELECTION COMMISSIONERS. May conduct intermediate registration in any manner they deem advisable.
10-34Sept 4LIQUOR 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.
10-34Sept 12ICE 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.
10-34Sept 18OFFICERS OF COUNTY. One cannot be candidate for both the office of Justice of the Peace and Probate Judge at same time.
10-34Oct 18Hon. W. L. Bradford WITHDRAWN
10-34Oct 23UNCLAIMED MONEY. Who has right to money seized with gambling device when no claim is made therefor?
10-34Nov 9SCHOOLS. Right of non-resident pupils to attend in district where parent pays taxes.
10-34Nov 16OPTOMETRY, 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.
11-34Jan 10CORPORATIONS. 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.
11-34Jan 16SECRETARY OF STATE.
LAND DEPARTMENT.
Right to patent land granted to Cairo and Fulton Railroad.
11-34Jan 24SECURITIES.
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.
11-34Feb 14TRADE-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.
11-34Mar 7CIRCUIT CLERKS. Compensation beginning in 1935 – Pay of Deputies, and constitutional question of Laws 1933, p. 369.
11-34Mar 19BANKS 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.
11-34Mar 19COUNTY SURVEYORS. Vacancy in office for failure to give bond within 60 days.
11-34Mar 22CITIES OF THIRD CLASS. Officers failing to comply with Sec. 6738, R.S. Mo. 1929 subject to an action in nature of mandamus.
11-34Mar 22COURT COSTS. Neither State nor county liable for expert witness fees.
11-34Apr 12TRADEMARK. Descriptive words not subject to registration.
11-34Apr 17NEPOTISM. A teacher whose grandmother is a half-sister to a director’s wife’s mother is not related within the fourth degree.
11-34May 17SECRETARY 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.
11-34May 31ELECTIONS.Relating to the method by which absentee electors may cast their ballot in a general election or a primary.
11-34May 31CORPORATIONS. 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.
11-34June 18ELECTIONS.
PRIMARY.
County clerk should publish election notices under provisions of Section 10262 independently of Sec. 10267A.
11-34July 12SECRETARY OF STATE. Trade mark must appear on design or article.
11-34July 12PENAL INSTITUTIONS. Sentences imposed at different terms of court run concurrently unless otherwise directed by the court.
11-34July 18ELECTIONS.
PRIMARY.
Whether or not candidates actually signed declaration a question of fact upon which the Secretary of State has no power to pass.
11-34July 30ELECTIONS. Necessity for Candidates of Minor Political Parties to File in Primaries.
11-34Aug 3SOLDIERS’ BONUS. Right of veteran to receive bonus with what exemption.
11-34Aug 13SHERIFF. 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.
11-34Aug 21TRADE-MARK. Articles need not be classified in application for registration.
11-34Sept 18ELECTIONS. Title to Constitutional Amendment.
11-34Sept 21Hon. Dwight H. Brown WITHDRAWN
11-34Sept 27COLLECTORS. Fees allowed under Sections 10880 and 10881 R.S. ’29.
11-34Oct 1CORPORATIONS. 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.
11-34Oct 6ELECTIONS. State Socialist Committee may not fill county vacancy.
11-34Nov 1SECRETARY OF STATE.
BLUE SKY LAW.
SECURITIES ACT.
Certificate of interest in profit-sharing agreement defined.
11-34Nov 12COUNTY 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.
11-34Nov 15ELECTIONS. Beginning of terms of Senator and Congressmen elect.
11-34Nov 29ELECTIONS.
SECRETARY OF STATE.
Secretary of State to certify name of candidate receiving highest vote to Governor. No authority to pass on residence qualifications.
11-34Dec 8SECRETARY 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.
11-34Dec 12ELECTIONS.
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.
12-34Jan 20GAME AND FISH DEPARTMENT. Hunting license not required to kill rabbits on own premises.
12-34Mar 16ELECTIONS. 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.
12-34May 2GAME AND FISH COMMISSIONER.
RIVERS.
Fences may be built in navigable streams, when.
12-34May 4RIVERS.Relating to navigable rivers in this state.
12-34May 15FISH AND GAME. Wild game (birds) cannot be sold or possessed under a special license from the Fish and Game Department.
12-34July 23VOTING. Members of Citizens Conservation Camp are entitled to vote in county and state elections, both as resident voters.
12-34Sept 20CONSTITUTIONAL LAW.
FEDERAL INSTRUMENTALITIES.
Applicability of Missouri motor fuel tax to sales to Farm Credit Administration.
12-34Oct 12GAME AND FISH COMMISSIONER. The word “householder” as used in Section 8246 defined. Election under Section 8246 could not be enjoined or prohibited.
13-34Nov 1CITIES, TOWNS & VILLAGES. Publication of notice to contractors for bids must be in accordance with Section 13745, R. S. Mo. 1929.
13-34Nov 3TAXATION. Publication for sale must be made in reasonable time before date of sale under Senate Bill 94, Laws of Mo. 1933, page 445.
13-34Dec 19NEPOTISM.
SCHOOL DISTRICTS.
Death of wife of director terminates the relationship by affinity, unless there are children of the marriage now living.
14-34Jan 30SCHOOLS. Under Section 9261, R. S. Mo. 1929, the maximum levy for school purposes is sixty-five cents in districts other than town districts.
14-34Jan 30AUTOMOBILE DEALERS. Automobile dealer opening branch offices in other towns must register each place of business maintained under a different dealer’s registration number.
14-34Jan 31MOTOR 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?
14-34Feb 28TAXATION. Last assessment defined. Formula for determining 1934 rate for county purposes.
14-34Dec 18MOTOR 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.
14-34Dec 31MOTOR VEHICLES. Who must register where exclusive use granted by legal title holder to another for a period greater than ten days successively.
15-34Feb 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.
15-34May 7STATE BOARD OF HEALTH. Supervision of School of Cosmetology. Sections 9089 and 9092 R. S. Mo. 1929 not applicable to public schools.
15-34June 12City Committee, St. Louis, Missouri WITHDRAWN
15-34Dec 14MOTOR VEHICLE FUEL TAX. Consular agents and employees of a consulate are not exempt from the provisions of the Motor Vehicle fuel tax of Mo.
15-34Dec 15COUNTY 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.
16-34Feb 16COSMETOLOGIST.
HEALTH, BOARD OF.
Relating to fee for registration of hairdressing cosmetologists or manicurists establishment or school.
16-34June 4SENATE BILL 94. Taxation and collection of delinquent taxes in cities of the second class; unaffected by Senate Bill 94, Laws of Missouri, 1933.
16-34June 12SCHOOL 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.
16-34June 20SCHOOL 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.
17-34Apr 12TAXATION. County Board of Equalization must equalize assessments to reflect true values.
17-34Oct 25ELECTIONS. 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.
18-34May 9BANKS & BANKING. National Bank not permitted to pledge its asset to secure deposits of Northeast Missouri State Teachers College.
18-34July 20WATERWORKS OWNED BY MUNICIPALITY. Cities of the Third Class – Power to use Surplus Earnings for other Municipal Purposes.
18-34Oct 13SCHOOL 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.
18-34Nov 9STATE HIGHWAY PATROL. Responsibility in cases where automobile strikes live stock on highway.
19-34Jan 18TAXATION. Back tax collections to be apportioned to various funds, cannot be lumped in school fund.
19-34Jan 23SHERIFFS.Opinion relating to fees of sheriffs for services rendered.
19-34Feb 13COUNTY COURTS.
OSTEOPATHIC PHYSICIANS.
Right to fill office of Deputy State Commissioner of Health under amended law. Eligibility as Deputy State Commissioner of Health.
19-34Feb 23ASSESSORS. Duties; when paid; out of what year’s revenue paid; compensation under County Budget Law.
19-34Feb 26LABOR AND INDUSTRIAL INSPECTION DEPARTMENT. Right to collect license fee imposed solely upon shipping bedding into Missouri.
19-34Mar 12LABOR. 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.
19-34Mar 20LABOR DEPARTMENT. Under National Bedding Code certain State regulations are still effective and may be enforced by the Commissioner.
19-34Mar 20LABOR DEPARTMENT. Under Section 13219, R. S. Mo. 1929, whether shelter sheds built by railroads are within section is purely question of fact.
19-34Mar 20BANKS 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.
19-34Apr 7LABOR. Fee paid either by applicants or employer determines status as to whether one is operating an employment agency or office.
19-34Apr 21LABOR 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.
19-34May 22LIVESTOCK.
STATE VETERINARIAN.
One who ships, transports, drives, or otherwise moves livestock contrary to Governor’s quarantine proclamation is chargeable with a crime.
19-34May 24MUNICIPALITIES. Powers of mayor of Louisiana, Missouri. Construction of city charter.
19-34June 7SCHOOLS.Duties of treasurer in six-director school districts of first, second and third class cities must keep financial records and reports.
19-34June 9LABOR. 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.
19-34June 15Hon. Joseph C. Crain WITHDRAWN
19-34June 19Mr. Joseph C. Crain WITHDRAWN
19-34June 20GUARDIANS.
WARDS.
Estates of World War Veterans under guardianship. Invested how?
19-34July 3LABOR. Inspection by Commissioner of Labor under R. S. Mo. 1929, Secs. 13218 and 13219, and applicability thereof to municipally owned utility companies.
19-34July 23NEPOTISM. 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.
19-34Aug 15RELIEF COMMISSION. Governor has right to direct expenditure of $5,000,000.00 appropriation and to enforce self-insurance plan.
19-34Aug 15LABOR AND INSPECTION. Labor Commissioner has no right to require Federal Relief Administrator to take out license and pay permit fee.
19-34Aug 15LABOR 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.
19-34Aug 30CORPORATIONS. Relief Activities.
19-34Sept 21COUNTY 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.
19-34Oct 2SCHOOL 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.
19-34Oct 10Mrs. Mary Edna Cruzen WITHDRAWN
19-34Oct 13Mrs. Mary Edna Cruzen WITHDRAWN
19-34Oct 17LABOR 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.
19-34Dec 7LABOR 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.
19-34Dec 19Mr. Paul M. Culver, Steward WITHDRAWN
19-34Dec 21COUNTY COURT. Right to employ assistant counsel.
19-34Dec 21DOG TAX. Operation of Local Option Law.
20-34Jan 17TAXATION. County Court has no right to accept taxes in escrow from taxpayer to avoid penalties, where taxpayer, by suit seeks to avoid the taxes.
20-34Jan 18COUNTY BUDGET LAW.
PROBATE JUDGE.
County budget law governs payment of expenditures of probate court for supplies purchased.
20-34Jan 30ROAD DISTRICTS. District organized under article 9 of chapter 42, may, under Section 8059, R. S. Mo. 1929, extend boundaries to twelve miles square.
20-34Feb 20ROAD 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.
20-34Feb 22SPECIAL ROAD DISTRICTS. Trustees have authority to collect debts due the district and to pay debts owing by the district, upon dissolution.
20-34Mar 9Mr. Elliott Dampf WITHDRAWN
20-34Mar 12TAXATION.
COUNTY COLLECTORS.
County Collectors have no right to charge counties for indexing tax books.
20-34Mar 28FEE BILLS. When Constable is entitled to a fee bill and his right to mandamus when fee bill is refused.
20-34May 9 Relating to power of cities of the third class to levy a license tax on barber shops, beauty parlors, etc.
20-34May 11CEMETERIES. City of the fourth class may own a public cemetery and support same from general revenue of the city.
20-34May 12COUNTY BOUNDARIES.Boundary line of Cole and Osage Counties.
20-34May 21NURSERIES. Municipally owned nurseries subject to inspection under Mo. Plant Act; municipally owned nurseries subject to pay inspection fees.
20-34June 9ELECTIONS, PRIMARY. Declaration of candidate must be filed 60 days prior to primary.
20-34June 26MOTOR VEHICLES. Private use of motor vehicle operating under dealer license plates unwarranted and in violation of the law.
20-34July 17COUNTY CLERK. Must publish title to office for primary election.
20-34Aug 2OFFICERS.
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.
20-34Aug 2DEPARTMENT 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.
20-34Aug 29COUNTY COURT. Amount of levies for county purposes and road funds discretionary; 10% limitation under Section 9873, R. S. 1929, applies to road tax.
20-34Sept 1STATE 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.
21-34Mar 21COUNTY OFFICERS. Shall forfeit office and be remove, when?
21-34Apr 16NEPOTISM. Teacher’s contract becomes illegal only where related director participates in teacher’s election, or where there was collusion or fraud.
21-34July 14ELECTIONS.
CLERKS.
Only two clerks allowed in precincts casting less than three hundred votes.
22-34Feb 19PROHIBITION. An Indictment obtained before repeal may be prosecuted after repeal.
22-34Apr 7TAXATION. Postal Saving Deposits subject to taxation for state and local taxation.
22-34Apr 10PROSECUTING 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.
22-34May 4SPECIAL ROAD DISTRICT. Incorporated city within special road district not entitled to part of general road funds.
22-34Aug 24TAXATION.Costs and attorney’s fees and dismissal of suits by collectors, under House Bill No. 124, discussed.
22-34Sept 4POWERS OF MEMBERS OF STATE PATROL. (1) Have power to arrest without warrant when;
(2) If person in custody no warrant shall issue.
22-34Sept 18MOTOR VEHICLES. Government employee delivering parcels in Government service not required to have chauffeurs or any other license.
22-34Oct 15SCHOOLS. Federal money used to pay teachers may not be considered as a bonus, but is to be applied as part of salary.
22-34Oct 25CIRCUIT CLERK. Compensation at present time – up to Jan. 1, 1935.
23-34Jan 10BANKS AND BANKING. Stock in National Banks after receivership not exempt from taxes, if of any value.
23-34Feb 7SCHOOLS.
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.
23-34Sept 4PROBATE 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.
25-34Feb 16COUNTY TREASURER.1. To consolidation of offices of County Treasurer and Collector in certain counties.
2. To time of election of party county committee.
25-34Feb 27COUNTIES.
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.
25-34Mar 12BUILDING AND LOAN. Shares of stock owned by one in Building and Loan Association to be assessed and returned as property – how?
25-34Mar 15STATE BOARD OF HEALTH. Pointing out sections relating thereto.
25-34Apr 3OFFICERS.
JUSTICES OF THE PEACE.
Removal from township where Justice is appointed or elected disqualifies such Justice of the Peace from holding such office.
25-34May 15ELECTIONS. 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.
25-34Nov 14SCHOOLS. 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.
26-34Mar 7MOTOR VEHICLE LAW. Sufficiency of statutory penalty for operating a motor vehicle on highways without license plates.
26-34Mar 15COUNTY WARRANTS. Acceptable in payment of taxes – supplemental to opinion rendered to M.E. Montgomery 10/17/33.
26-34Mar 20AUCTIONEERS. Only residents of the State may engage in business or trade of auctioneering.
26-34Apr 26NOTARIES 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.
26-34Sept 21NEPOTISM.
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.
26-34Oct 25WEIGHTS AND MEASURES. Right of county court to appoint scale inspector.
26-34Nov 30COUNTY BUDGET ACT. County warrants should be paid according to protest and classes should be paid in order of protest.
27-34Jan 27COUNTY PRINTING. Charges for printing election notices should be computed under Sec. 13773, R. S. Mo. 1929.
27-34Feb 26EMERGENCY 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.
27-34Apr 12NEPOTISM. 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.
27-34June 30ESCHEATS. Foreign administrator not entitled to Escheat Fund.
27-34Sept 27COUNTY 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.
27-34Oct 2TAXES.
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.
28-34Jan 22SOLDIERS’ BONUS. Bona Fide resident entitled to bonus – when?
28-34Feb 9BLIND PENSIONS. Method of Application for.
28-34Feb 13BLIND PENSIONS.Right to Pension for Period of Suspension from Pension Roll by decision of Commission for the Blind.
28-34May 23PHYSICIANS. May also be druggists and fill own prescriptions.
28-34Sept 11BLIND 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.
28-34Sept 11BLIND PENSIONS. Right of Missouri Commission for the Blind to suspend payment of.
28-34Sept 12BLIND PENSIONS. Right of Missouri Commission for the Blind to investigate income qualifications of pensioner.
29-34Jan 11ROAD 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.
29-34Feb 9TOWNSHIP ORGANIZATION. Relating to and defining county bridges and township bridges in counties under township organization.
29-34May 8CHIROPRACTIC. Qualifications for examination to secure license.
29-34May 23CHIROPRACTORS. One may be disbarred for immoral actions—immoral action discussed.
29-34June 4SENATE BILL 94. Taxation and collection of delinquent taxes in cities of the second class; unaffected by Senate Bill 94, Laws of Missouri, 1933.
29-34July 9COUNTY BUDGET. (1) Priority payment of classes.
(2) Boarding of prisoners should be placed under Class 4 of the Budget Law.
29-34July 14BUDGET LAW. County Court cannot re-budget after budget is made up at the regular February term.
29-34Aug 10NURSE 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.
29-34Sept 19CHIROPRACTIC. (1) Women entitled to practice chiropractic.
(2) Fees.
(3) Names one may practice under.
30-34Jan 29NEPOTISM. Road Districts are political subdivisions under Section 13 of Article XIV; Commissioners have no right to contract for own benefit with the District.
30-34Mar 22GAME AND FISH DEPARTMENT. Right to forfeit lease on or recover possession of Big Spring Park, lease to Don B. Bales dated April 18, 1933.
30-34June 13COUNTIES. 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.
30-34Sept 11MUNICIPALITIES.
PUBLIC SERVICE COMMISSION.
Public Service Commission cannot fix, regulate or control the rate of a municipally owned water plant.
31-34Jan 18TAXATION. Delinquent personal taxes collected by suit, Section 9940 R. S. Mo. 1929. No sale under Senate Bill 94 until November 1934.
31-34Sept 19TAXATION.
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.
32-34Jan 17FINGERPRINTING. 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.
32-34Jan 20SURVEYORS. 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.
32-34June 18Hon. J. R. Gideon WITHDRAWN
32-34July 3Hon. J. R. Gideon WITHDRAWN
32-34Sept 11ASSESSORS. Assessor need not view land to make assessment each year but may validly assess by reference to old assessment book.
32-34Dec 15ASSESSORS.
COUNTY CLERKS.
County clerks shall deliver Assessor’s book to Assessor. When.
33-34Feb 9STATE BOARD OF HEALTH. Entitled to fee for transcription of “still birth” certificates. 13 U.S.C.A. 101.
33-34Sept 14PUBLIC HEALTH.
CONTAGIOUS DISEASES.
Power of said Board of Health to alter regulations for exclusion from attendance at public schools on account of.
34-34Jan 11COUNTY 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.
34-34Mar 7COUNTY.Liability for Hospital expense as result of Sheriff’s Act.
34-34Apr 19LIQUOR 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.
34-34Apr 20MUNICIPALITIES.
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.
34-34Apr 26SCHOOLS. County Court may not accept Government Bonds in payment of school loan and retain the bond as investment.
34-34June 5MUNICIPALITIES.
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.
34-34June 15BOARD OF PENAL INSTITUTIONS. Board of convict in Missouri Training School for Boys to be charged to county where first conviction occurs.
34-34Aug 24BUS AND TRUCK. Prosecutions under Section 5275, R. S. of Mo. 1929.
34-34Sept 8STATE—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.
34-34Oct 20GAME 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.
35-34Feb 16PROSECUTING 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.
35-34July 12INHERITANCE 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.
35-34July 19SCHOOL 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.
35-34Dec 27TAXATION AND REVENUE. Taxation and Revenue method of computing bond of County Collector.
36-34Mar 28DENTAL BOARD. Construction of Section 13569 R. S. Mo. 1929.
36-34Sept 19DENTAL BOARD. Relating to the necessity of having an audit of the books of the Secretary-Treasurer of the Dental Board as required by law.
37-34Mar 9BOARD OF PERMANENT SEAT OF GOVERNMENT.Approval of contract for modernization of elevators in Capitol Building.
38-34Jan 12COSTS.
PRELIMINARY HEARING.
Neither state nor county liable for costs of preliminary hearing when defendant is discharged.
38-34Jan 26COUNTY COURTS. Salaries of county court judges, elected in 1930, 1932 and 1934 – how ascertained.
38-34Jan 31ELECTIONS. City election not a general election within the meaning of the Constitution.
38-34Feb 14SPECIAL ROAD COMMISSIONERS. County Court without authority to elect commissioners after City in District has ceased to exist as such.
38-34Feb 23Hon. Charles M. Hay WITHDRAWN
38-34Mar 3TAXATION. Taxpayer, through his mistake, paying taxes on land which he does not own, may not recover back such taxes paid voluntarily.
38-34Mar 19COUNTY 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.
38-34Apr 6SCHOOL 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.
38-34Apr 9TAXATION. City Collector entitled to two per cent commission on delinquent tax collections.
38-34May 10TAXATION. Collection of delinquent city taxes under Senate Bill 94 in cities.
38-34May 29COUNTY FUNDS. Transfer under Sec. 7891, R.S. Mo. 1929 permissible if County Court has control over same, if not, transfer cannot be made.
38-34June 14COUNTY 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.
38-34June 19ASSIGNMENT OF LAND TO THE STATE. Relating to manner in which it may be disposed of.
38-34June 22TAXATION AND REVENUE. Page 465 Laws of Missouri, 1933, not effective after 7-24-33 except as to delinquent tax attorney.
38-34Aug 17SHERIFF. 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.
38-34Sept 4TAXATION. Senate Bill 94 modified by House Bill 44 Extra Session authorizing initial proceedings to be instituted within five years.
38-34Oct 5RECORDER OF DEEDS. It is not lawful for parties to nominate a candidate for office at this time.
38-34Oct 11COUNTY CLERK. Compensation of Clerk and Deputy limited by law and cannot be increased during term.
38-34Nov 14COUNTY 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.
38-34Dec 11Hon. E. C. Harper WITHDRAWN
38-34Dec 27CIRCUIT 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.
39-34Mar 1STATE CHILDREN’S BUREAU. Abandonment defined.
39-34Apr 26ELECTIONS.Relating to Certificate of Appointment and Notice of Judges of Election.
39-34June 5PRIMARY 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.
39-34July 12VOTING.Citizens temporarily on relief rolls are not disfranchised.
39-34Oct 11ELECTIONS. Candidate for Circuit Judge should file his affidavit in detail regarding expenses of primary with Secretary of State.
40-34Apr 28COUNTY BOARD OF EQUALIZATION.Relating to power of county boards of equalization to make assessment of property omitted from assessor’s books.
40-34May 25SCHOOLS. Non-resident pupil or parents do not have to pay tuition or other fees to attend high school, if the school receives state aid.
40-34Aug 9SCHOOLS. District where non-resident pupils reside must pay tuition of pupils.
40-34Aug 24OCCUPATION TAX. Contractors.
41-34Jan 17SCHOOLS.
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.
41-34Mar 12FINANCIAL STATEMENT OF COUNTIES. Interpretation of Laws 1933, page 353.
41-34Apr 9CHATTEL MORTGAGES.The Recorder of Deeds shall release same, when and how?
41-34Apr 27 Relating to authority of county courts to make appropriation for repair of bridges in special road districts.
41-34May 1SCHOOLS. 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.
41-34May 8DEPOSITORY.Relating to security of depositories of cities of third class.
41-34May 23 Relating to question, whether present circuit clerks may retain fees earned in office and apply to salary.
41-34June 16COUNTIES. Purchases must now be made under the priorities and requirements of the County Budget Act.
41-34July 27COUNTY OFFICERS. Necessity of circuit clerks accounting with money and not in salary warrants for moneys collected and due and owing the county.
42-34Jan 9GRAIN INSPECTION. Method of weighing grain in elevators not considered a violation of the terms of the statute.
42-34Jan 12WAREHOUSEMEN. Existence of outstanding warehouse receipts unrepresented by grain in warehouse, and prosecution therefor.
42-34Feb 26NEPOTISM. 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.
42-34Mar 10CIRCUIT CLERKS.
CRIMINAL COSTS.
Duty to include all costs in criminal costs bill. Duty of circuit clerk in making criminal costs bill.
42-34Apr 10PAUPERS.
COUNTIES.
Funeral expenses. Liable for funeral expenses of poor persons.
42-34June 9STATE 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.
42-34June 9STATE 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.
42-34June 11GRAIN 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.
42-34July 31ELECTION. 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.
42-34Oct 18GAME & FISH. Signers on petition may make formal application and withdraw their names from petition before action has been taken on same.
42-34Dec 29CIRCUIT 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.
43-34Jan 12COUNTY 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.
43-34Feb 14SCHOOLS.Relating to the apportionment of the moneys belonging to school districts. Who’s duty?
43-34May 14PENITENTIARY. Director’s right and duties relative to convicts used as servants in official residents.
43-34June 27ELECTION. When three hundred or less vote in a precinct, four judges may be appointed for said precinct instead of six.
43-34July 23BOARD OF PENAL INSTITUTIONS. Expense of return of escaped convicts payable from fund.
43-34Aug 24LIQUOR CONTROL ACT. Collection of county liquor license fees is the duty of the County Collector.
43-34Sept 8STATUTES. Effect of general repeal provision in state purchasing agent law on prior statutes.
43-34Sept 11PENAL-PRISONS.Relating to the liability of the depository bondsmen for the convict fund held by the prison board.
43-34Sept 25LOTTERIES.Relating to facts that constitutes a scheme or device whereby things of value are for a consideration allotted by chance constituting lottery.
43-34Sept 27ABSENTEE BALLOTS. In order for absentee ballots to be legal, procedure prescribed in Sec. 10186, Laws of Mo. 1933, p. 222-223 must be followed.
43-34Oct 10 I. To issue warrants monthly for salary of prosecuting attorney.
II. Relating to paying or protesting warrants by County Treasurer.
43-34Oct 17PENAL INSTITUTIONS. Judgment bonds.
43-34Oct 29ELECTIONS. Notice of selection of election judges may be served by the sheriff.
43-34Nov 19PENAL BOARD. Judgment bonds of Buchanan County.
43-34Dec 19COUNTIES.
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.
44-34Jan 12SCHOOL FOR THE DEAF. Board of Managers have exclusive and discretionary power to discharge persons enrolled therein.
44-34Jan 12Hon. Richard R. NacyWITHDRAWN
44-34Feb 1INHERITANCE TAX. General Assembly meant Sec. 573, R.S. 1929 to take advantage of the full 80% credit allowed by the Federal Government.
44-34May 24INHERITANCE 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.
44-34Aug 29INHERITANCE 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.
44-34Oct 18INHERITANCE 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.
44-34Nov 1INHERITANCE 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.
44-34Nov 2INHERITANCE 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.
45-34Feb 7STATE 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.
45-34Feb 8ELEEMOSYNARY INSTITUTIONS.Relating to additional appropriations for maintenance of Eleemosynary Institutions for salaries etc., provided the earnings are sufficient.
45-34Feb 8ELEEMOSYNARY 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.
45-34Feb 8STATE 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.
45-34Feb 22ELECTIONS. 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.
45-34Feb 26COUNTY 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.
45-34May 21ELEEMOSYNARY BOARD. Superintendent of Children’s Home Bond.
45-34June 5CONVICTS.
ELEEMOSYNARY BOARD.
Governor’s warrant necessary to transfer insane convict from penitentiary or other place of detention to insane hospital.
45-34June 23ELEEMOSYNARY BOARD. No authority to pay transportation expenses of non-resident patients.
45-34June 29PURCHASING AGENT.
COAL MINES.
Right of operator of truck line to bid wholesale prices to governmental agencies.
45-34July 12ELEEMOSYNARY INSTITUTIONS. Board of Managers have right to compromise judgment against county.
45-34July 13ELEEMOSYNARY BOARD.Board may accept bonds of county in lieu of judgments against the county.
45-34Sept 18ELECTIONS.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.
45-34Nov 8ELEEMOSYNARY BOARD.Lease of land for, made by State Purchasing Agent.
45-34Nov 9COUNTY 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.
45-34Dec 10COUNTY 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.
45-34Dec 12ELEEMOSYNARY 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.
45-34Dec 12TAXATION.
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.
45-34Dec 15ELEEMOSYNARY INSTITUTIONS.
ACCOUNT-CITY HOSPITALS.
St. Louis City Sanitarium entitled to be paid according to the provisions of Laws of Missouri 1931, page 221.
46-34Feb 9JURORS, 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.
46-34Mar 10ITINERANT VENDOR. Relating to the sale of merchandise by truckers at public auction.
46-34Aug 28SCHOOLS.Sending school must pay entire tuition of pupil, receiving credit up to $50.00 if the State has the money.
46-34Oct 23CRIMES. Venue for arson committed in Arkansas cannot be placed in Missouri for purposes of prosecution under Missouri law.
46-34Oct 30SCHOOLS.(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.
47-34Feb 22AUTOMOBILE REGISTRATION. Owner of vehicle does not need a Chauffeur’s or registered operator’s license.
47-34Mar 27CIRCUIT CLERK.Compensation of person appointed to fill out unexpired term same as salary of predecessor until the end of the term.
47-34Apr 10TAXATION & 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.
47-34Aug 9 Construction of Section relative to time required to be done for costs.
47-34Aug 30MATTRESSES. Use of old material in the manufacture and sale of mattresses.
47-34Sept 14CONTRACT 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.
47-34Nov 7SCHOOLS. Compromise of school fund mortgages.
48-34Mar 28TOWNS AND VILLAGES. Method of collecting delinquent taxes-qualifications of town trustees-method of removal of unqualified members of a school board.
48-34Nov 20TAXATION. 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.
50-34Sept 14POLL 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.
51-34Mar 1COUNTY 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.
51-34Apr 17LICENSE.
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.
51-34May 28SCHOOLS.
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.
51-34Sept 20Mr. M. G. Lavender, Editor WITHDRAWN
51-34Oct 15NEPOTISM. Appointment of collateral relative due to marriage along the line of descent or assent does not violate the Missouri Constitution on Nepotism.
52-34Mar 1COUNTY BUDGET.
COURT REPORTER.
Salary of official court reporter should be in Class 4.
52-34Apr 28SCHOOLS. Duties of school treasurer in six-director school district under Section 9515-9516.
52-34July 3ELECTIONS. No part of filing fee goes to the State Committee; Candidate can be a delinquent taxpayer.
52-34July 24MOTOR VEHICLE. Trailer or semi-trailers registered according to the maximum weight carrying capacity of such-live load capacity.
52-34Sept 14SCHOOLS. (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?
52-34Sept 27SCHOOLS. Filling vacancies in the six director school district. What constitutes a quorum?
54-34Jan 9CONTRACTS. 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.
54-34Feb 23Mr. M. V. Long WITHDRAWN
54-34Apr 5BANKRUPTCY. 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.
54-34July 19NEPOTISM.
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.
54-34Nov 2NEPOTISM. 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.
55-34Apr 27ELECTIONS. 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.
56-34Mar 27CIRCUIT CLERKS. Duty to include all costs in criminal costs bills.
56-34May 7LIQUOR 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.
56-34Aug 28SECTION 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.
57-34June 21COUNTY 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.
58-34Jan 23COUNTY BUDGET LAW. Classification of salaries – office expense- traveling expenses.
58-34Feb 20COUNTY 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.
58-34Mar 1Hon. W. S. MathewsWITHDRAWN
58-34Mar 13LIQUOR 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.
58-34Apr 12COLLECTORS.
ATTORNEY GENERAL.
Voluntary overpayment to County. 
Cannot decide questions of fact in opinions.
58-34May 21TAXATION. Owner of grain stored in warehouse liable for taxes thereon.
58-34June 18TAXATION AND REVENUE. Liability of administrator for taxes against an estate.
58-34Nov 21CIRCUIT CLERKS AND DEPUTY CIRCUIT CLERKS. Amount, method and source of compensation.
58-34Dec 27CIRCUIT CLERKS. In counties having population between 70,000 and 80,000 to receive $3000.00 annually.
59-34Feb 6BUILDING AND LOAN COMPANIES. Proceedings for merger examined.
59-34Mar 17BUILDING 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.
59-34Mar 23SCHOOLS.
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.
59-34Apr 11GOLD. Mineral rights under private property belong to the owner of the land.
59-34Apr 26CONSULS.
VICE-CONSULS.
CONSULAR AGENTS.
Immunity from auto license tax by reason of their office.
59-34June 25BUILDING & LOAN ASSOCIATIONS. Conversion to Federal savings and loan associations by Missouri building and loan associations shall be determined by a friendly test suit.
59-34Oct 17CITIES, TOWNS AND VILLAGES. Relating to the taxing power of cities having less than ten thousand and more than one thousand inhabitants.
59-34Nov 22BUILDING AND LOAN. Person who pledged stock to association may not vote on any question which affects the claim the corporation has against such person.
60-34Jan 15State Board of Health WITHDRAWN
60-34Jan 15INTERMEDIATE REFORMATORY. Eligibility of convicts, eliminations of ineligible convicts.
60-34Feb 9STATE BOARD OF HEALTH. Authority to appoint Local Registrar of Vital Statistics in Cities. Section 9043 R.S. Mo. 1929.
60-34Feb 9The State Board of Health WITHDRAWN
60-34Feb 12BIRTH CERTIFICATES.Relating to the Powers of Registrar of Vital Statistics, as relates to birth certificates.
60-34Feb 22SCHOOLS. Non-resident tuition.
60-34Apr 10Dr. E. T. McGaugh WITHDRAWN
60-34May 1TAXATION.
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.
60-34May 9BIRTH-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.
60-34May 14Hon. S. T. McIntyre WITHDRAWN
60-34May 15DEAD BODIES. Disposition of same when the property of a penal institution.
60-34July 3The State Board of Health of Missouri WITHDRAWN
60-34July 27DEATH CERTIFICATE. By whom to be signed.
60-34Aug 10CERTIFIED COPIES. Right of State Registrar of Vital Statistics to certify photo-static copies of Birth and Death Certificates.
60-34Aug 15SCHOOL 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.
60-34Sept 4MEDICINE.
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.
60-34Sept 20DEAD BODIES. Right to remove from one registration district to another without permit.
60-34Oct 3GAMBLING. “Whiffle Boards”
60-34Oct 8MEDICINE. Qualifications necessary to right of applicant for license to practice medicine to be examined for registration by the State Board of Health.
60-34Oct 12ASSESSOR. Rights of assessors in counties of less than 25,000 to succeed himself in office.
60-34Dec 4COUNTIES. Liability for personal injuries caused by negligence.
62-34Jan 17INSURANCE.
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.”
62-34Jan 19SCHOOL BONDS. Proceeds from bonds voted for purpose of repairing buildings cannot be diverted and used for the teacher and incidental funds.
62-34Mar 1SHERIFF. 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.
62-34Mar 19SCHOOLS. Liability of Board of Directors.
Right of Teachers to sue on contract.
Payment of Back Warrants.
62-34Mar 21CITIES OF THE FOURTH CLASS. May provide for an Excise Commissioner under the Liquor Control Act.
62-34Mar 22LIQUOR CONTROL ACT. Does not confer on cities the power to tax salesmen soliciting orders at wholesale from retailers.
62-34Mar 26MOTOR 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.
62-34May 10TAXATION. City Collector entitled to two per cent commission on delinquent tax collections.
62-34May 12CIRCUIT CLERK DEPUTIES. Governed by Senate Bill 74 page 371, Laws of Missouri, 1933 after July 24, 1933.
62-34Nov 24TAXATION. County Court may change valuation after tax is delinquent.
63-34Feb 9TAXATION AND REVENUE. State Tax Commission, authority to appoint agents to investigate property omitted from assessment lists and to provide for their compensation.
63-34Mar 8TAXATION. 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.
63-34May 14REVENUE. 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.
63-34Sept 8TAXATION. Senate Bill 94 does not apply to collection of levee and drainage district taxes.
63-34Sept 15TAXATION. 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.
63-34Nov 2TAXATION.
COUNTY COLLECTORS.
County Collector not required to have seal.
64-34Jan 13BANKS & BANKING. County depositary not relieved of liability by vacation of ex parte circuit court order.
64-34Jan 24BANKS & 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.
64-34Jan 26BANKS & 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.
64-34Feb 10BANKS AND BANKING. Commissioner of Finance has right to fix fees of attorneys of failed banks.
64-34Feb 16SCHOOLS.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.
64-34Mar 3COUNTY BUDGET. Classification of boarding prisoners.
64-34Mar 26BANKS & BANKING. Restricted deposits, permitted to be withdrawn under Commissioner of Finance’s regulations, not preferred claim in event bank closes.
64-34Apr 2PUBLIC ADMINISTRATOR. Appointment by the Governor to fill vacancy is to be filled at the first general election held after such appointment.
64-34Apr 10ELECTIONS. 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.
64-34May 15BANKS & BANKING. Claims of United States have preference over other claims against failed banks.
64-34May 29BANKS AND BANKING. Re withdrawal of securities by trust companies under Section 5463.
64-34May 29REVENUE. Section 9868 R. S. Mo. 1929 limited by Section 11, Article 10, Missouri Constitution.
64-34June 5NEPOTISM. The violation of Section 13 of Article XIV of the Constitution does not automatically remove director; proper proceedings must be brought for that purpose.
64-34June 11SCHOOL 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.
64-34July 3Hon. Merrill E. Montgomery WITHDRAWN
64-34Aug 23AUTOMOBILES.
LARCENY.
Theft of battery is larceny and not tampering with motor vehicle.
64-34Aug 23STOCK LAW. May be submitted to voters for purpose of terminating or continuing enforcement.
64-34Oct 24BANKS & BANKING. Records and files in possession of Commissioner of Finance for defunct banks, open for inspection of interested parties.
65-34Feb 15OPINION.
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.
65-34Mar 8COUNTY 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.
65-34Mar 15LIQUOR CONTROL ACT. County courts not authorized to license wholesale dealers, distillers, manufacturers or brewers.
65-34Apr 5SCHOOLS. 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.
65-34Apr 6COUNTY 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.
65-34Apr 23TAXATION.
BOARDS OF EQUALIZATION.
Must give effect to Senate Bill 34, page 419, Laws of Mo. 1933 in setting valuations for 1934 taxes.
65-34May 17TAXATION.
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.
65-34June 7SCHOOLS.
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.
65-34Aug 24LIQUOR CONTROL ACT. County Court has no authority to grant a license unless Sec. 27 of the Liquor Control Act be complied with.
65-34Sept 27Hon. Lee Mullins WITHDRAWN
66-34Jan 11STATE 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.
66-34Jan 17ASSESSOR. Should assess land as acreage when plat nullified by foreclosure of prior Deed of Trust.
66-34Jan 25ESCHEAT REFUNDS FROM STATE TREASURER. Order must be directed to State Auditor and not State Treasurer.
66-34Feb 14BONDS.
STATE TREASURER.
Executor of deceased owner of registered bonds entitled to receive accruing interest thereon without having bonds formally registered in executor’s name.
66-34Mar 2STATE 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.
66-34Mar 6BANKS & BANKING.National banks located in Missouri may pledge their assets to secure state deposits.
66-34Mar 27STATE TREASURER.
CONSCIENCE MONEY.
How disposed of by State Treasurer.
66-34July 17APPROPRIATIONS.
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.
66-34Aug 17ELECTIONS.Necessity of Congressmen to file expense account.
66-34Aug 22APPROPRIATIONS.
STATE TREASURER.
STATE AUDITOR.
Appropriations for vocational education, Section 41, Laws 1933, p. 86, for biennial period of 1933-1934.
66-34Aug 29INHERITANCE 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.
67-34May 3STATE 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.
67-34Oct 19STATE BOARD OF HEALTH.Various questions concerning duties, funds, Commissioner of Health, chiropody, cosmetology etc.
67-34Nov 20STATE BOARD OF HEALTH.Authority of the Board to employ agents and fix compensation.
69-34Jan 17TAXATION.Delinquent land taxes enforced under Senate Bill 94 after July 24, 1933.
69-34Feb 27QUO WARRANTO.
OFFICERS.
Cities of the Fourth Class.
69-34Apr 12SALARIES AND FEES.Court Reporter’s salary determined by decennial census.
69-34June 28LIQUOR CONTROL ACT.Board of trustees of an incorporated village may charge for licenses issued to manufacturers, distillers, brewers, wholesalers and retailers of intoxicating liquor.
69-34Sept 1INSURANCE 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.
69-34Sept 7DENTISTS.
INTOXICATING LIQUORS.
Without authority to write prescriptions for intoxicating liquors.
69-34Sept 8TOWNSHIP 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.
69-34Sept 12OFFICERS.
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.
69-34Sept 28TAXATION.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.
69-34Oct 4INSURANCE 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.
69-34Oct 19ELECTIONS.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.
69-34Dec 28COUNTY 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.
69-34Dec 29INSURANCE.Approval of Stock increase Liberty National Life Insurance Company.
69-34Dec 31INSURANCE.Approval of decrease in par value of stock American Life Insurance Company.
70-34Jan 5TOWNSHIP TRUSTEE AS EX OFFICIO TREASURER.Compensation on sums received and disbursed.
70-34Jan 19Hon. W. W. Parker, PresidentWITHDRAWN
70-34Feb 16OPTOMETRY 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.
70-34Mar 21SCHOOLS.Qualifications of Superintendent.
70-34Mar 23DELINQUENT TAX ATTORNEY.Appointment and compensation must be approved by county court, Section 9952 R.S. Mo. 1929.
70-34Apr 11CONSTABLES.Fee for trial or confession in justice court.
70-34Apr 16OFFICERS.
NOTARY PUBLIC.
United States Postmasters cannot at the same time be a notary public in Missouri.
70-34Apr 19MARSHALL SUPREME COURT.Mileage fees when prisoner escapes.
70-34May 7NEPOTISM.Second cousin not related within the third Degree, as prohibited by Section 6529, R. S. Mo. 1929.
70-34June 29SHERIFF.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.
70-34Sept 4TAXATION.Effect of judgment on House Bill 124.
70-34Dec 17HOME 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.
71-34Oct 2PUBLIC NOTICES.So long as Republican newspaper complies with Sec. 13773, R.S. 1929, County Clerk must make publication of election notices in same.
71-34Oct 8TAXATION.Cities special charter provision for collection of delinquent taxes prevail over general statutes.
71-34Dec 26COUNTY OFFICERS.Term of office prescribed by statute may be terminated by amendment of statute.
72-34Mar 2RAILROADS.Railroad Company may eject an intoxicated person on train.
72-34Mar 7COUNTY 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.
72-34Mar 13SCHOOLS.
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.
72-34Apr 4GAMBLING DEVICES.“Rocket” and “Sportsman” machines.
72-34June 6TAXATION.Collection of delinquent city taxes under Senate Bill 94.
72-34June 14ELECTIONS.
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.
72-34Sept 12COUNTY 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.
73-34Apr 17OFFICERS.Cities of the Fourth Class shall elect and qualify for Mayor and Aldermen in the following manner.
73-34May 10TAXATION.Duties of County Clerk under Senate Bill 34, page 419 Laws of Missouri, 1933.
73-34May 11CITIES OF THE FOURTH CLASS.Candidate in arrears on city taxes on day of election cannot be elected to office.
73-34May 14TAXATION AND REVENUE.Method of Transferring and buying out funds collected by County Collector, as school taxes.
73-34May 24TAXATION.How to place omitted property on assessment rolls. Information on perjury for making false tax returns.
73-34July 14TAXATION AND REVENUE.Method of transferring and paying out funds collected by County Collector as school taxes.
73-34Aug 17TAXATION.Drainage District Bonds subject to taxation under the Laws of this state.
73-34Sept 18SCHOOLS.Relating to the apportionments of school money to the various school districts in different funds.
73-34Nov 9FOREIGN MUTUAL FIRE INSURANCE CORPORATIONS.Authority to accept all-cash premium.
73-34Nov 10FRATERNAL 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.
74-34Jan 8TAXATION.
POLL TAXES.
Discussion of cities’ right to collect poll taxes and right of exemption.
75-34Feb 22LIQUOR 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.
75-34Mar 28PROSECUTING 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.
75-34Apr 11WAREHOUSES.Construction of new warehouse and sealer laws – relating to form of applications to county clerk and to sealer, and fees of sealer.
75-34May 8CARDING 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.
75-34Oct 9FEES.
COLLECTORS – COUNTY CLERKS.
Fees of collector and county clerk under Sec. 9945 and 9969.
75-34Nov 10NEPOTISM.Persons related as first cousins or more closely come within the fourth degree; second cousins do not come within the prohibition of the Constitution.
76-34Jan 19PROSECUTING 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.
76-34Aug 31Hon. E. L. RedmanWITHDRAWN
76-34Oct 1DRAINAGE 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.
77-34Feb 21SCHOOLS.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.
77-34Aug 3ESCHEATS.Construction of the Statutes (R. S. Mo. 1929, Sec. 625, et seq.) relating to proceedings on behalf of the state for escheated lands.
77-34Sept 13OFFICERS.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.
78-34Mar 26LIQUOR CONTROL ACT.Answering six questions relating to various phases of the Act.
78-34May 3ELECTIONS.
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.
78-34Sept 27DELINQUENT TAXES.Publication must be in one newspaper of general circulation.
78-34Oct 31TAXATION.City tax fourth class city inferior to State and County taxes.
78-34Nov 10TAXATION.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.
79-34Jan 17ROAD 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.
79-34Feb 7COMMISSION FOR THE BLIND.Members of Commission for the Blind must file Federal Income Tax returns for private income.
79-34Mar 1NEPOTISM.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.
79-34July 21COLLECTOR’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.
79-34Aug 27BLIND COMMISSION.
GARNISHMENT.
PENSIONS.
SCHOOLS.
Liability of Missouri Commission for the Blind to garnish wages.
79-34Nov 21NOTARY PUBLIC.Notary Public commissioned in the State of Missouri not permitted under the law to attest his own signature.
80-34Feb 21CRIMES 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.
80-34May 26ROAD 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.
80-34June 1ELECTIONS.
PRIMARY.
Last day for candidates to file for August Primary Election, 1934.
80-34June 27Hon. Wm. H. SappWITHDRAWN
80-34Aug 16DEPARTMENT 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.
80-34Sept 7HIGHWAY PATROL.Members of the State Highway Patrol are not entitled to receive rewards for the apprehension of escaped convicts from the Missouri State Penitentiary.
80-34Sept 20COUNTY 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.
80-34Oct 12SCHOOLS.Right of children of transients to attend free public schools in Missouri.
80-34Dec 4PENITENTIARY.
CONVICTS.
WARDEN.
When sentence concurrent or cumulative.
80-34Dec 7PENITENTIARY.
CONVICTS.
WARDENS.
Right of Warden to issue certificate of delivery to officers delivering persons to penitentiary.
81-34Jan 31LIQUOR 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.
81-34Mar 27DRUGGISTS 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.
81-34June 22TAXATION.Relating to exemption of charitable organizations.
81-34Sept 21FOOD AND DRUGS.Inspection of, applicability of Article 8 of Chapter 93 of R. S. Missouri 1929 to malted milk beverage.
81-34Dec 28SEARCH 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.
82-34Apr 4TAXATION.Penalties and Interest on 1932 taxes same as for 1933 taxes under House Bill #124.
82-34May 3OFFICERS.
TRUSTEES.
In towns and villages are qualified to hold office as follows.
82-34July 7ELECTION.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.
82-34Oct 9TAXATION.Relating to certain property subject to taxation.
82-34Nov 15COUNTY BUDGET.5 Questions in re: County Budget
83-34Nov 9TAXATION.Personal property of World War Veteran not exempt from taxation.
84-34Mar 31Mr. William J. SherwoodWITHDRAWN
84-34May 18Hon. John P. ShrevesWITHDRAWN
84-34Sept 13COUNTY TREASURER.Duty to receive and receipt for money tendered him, asserted to be county money.
85-34Apr 11Barbers’ State Board of ExaminersWITHDRAWN
85-34Sept 17SPECIAL 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.
86-34Jan 22CRIMINAL COSTS.Liability of state for defendant’s costs where case “continued generally”.
86-34Feb 7BLIND 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.
86-34Mar 7SALES 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.
86-34Mar 9SALES TAX.Magazine Advertising.
86-34Mar 20COUNTY CLERKS.Not entitled to count printed words in calculating fees under Section 9877, page 421, Laws of Missouri, 1933.
86-34Mar 23STATE 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.
86-34Mar 31PENITENTIARY.(1) Use of convicts as servants by officers of Penitentiary;
(2) Paying of subsistence to officers for convicts used as servants.
86-34Apr 16SALES TAX.Tax may not be added to articles sold.
86-34May 11TAXATION.6% rebate under Senate Bill 52, Laws of Missouri 1934 p. 153 Extra Session, allowable if taxes paid during June or July.
86-34May 15 Indirect sales for resale.
86-34May 17STATE AUDITOR.
SALES TAX.
Tax to be paid by receivers, executors, etc., when.
86-34May 19APPROPRIATIONS.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.
86-34May 31STATE AUDITOR.
REGISTRATION OF BONDS.
Injunction suit without writ issued does not prevent Auditor from registering bonds.
86-34June 16RECORDER 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.
86-34June 29STATE 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.
86-34July 2ROADS 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.
86-34July 12EXPENSE 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?
86-34July 27BLIND PENSIONS.Effect of Finding of Eligibility by Commission made in ignorance of death of applicant.
86-34July 30OCCUPATION 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.
86-34Aug 4RECORDER 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.
86-34Aug 9PUBLIC SERVICE COMMISSION.Appropriation Act, construction thereof.
86-34Aug 10STATE BOARD OF HEALTH.Compensation and license fees for certificates.
86-34Aug 23LIQUOR 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.
86-34Sept 19COUNTY 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.
86-34Sept 21HOUSE 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.
86-34Oct 23COUNTY COLLECTOR.Compensation under subdivision XIV, Section 9935 R. S. Mo. 1929 for back tax collections.
86-34Nov 3INCOME 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.
86-34Dec 4COLLECTORS.Compensation of county collectors for collecting income taxes, current and delinquent.
86-34Dec 13COUNTY CLERKS.Fees received by county clerk by virtue of Section 11679, R. S. 1929, must be accounted for.
86-34Dec 22CIRCUIT JUDGES.City of St. Louis, when terms of office begin.
86-34Dec 28CIRCUIT CLERKS.Fees in criminal cases under Section 11785 for incorporating bill of exceptions into transcript.
87-34Feb 19STATUTES.Of no force or effect prior to effective date.
87-34Feb 21APPROPRIATIONS.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.
87-34Mar 9ELECTIONS.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.
87-34Apr 5TAXATION.No time limitation on assessment of omitted property.
87-34May 15MOTOR VEHICLES.Motor Car Salesmen required to register as registered operator under motor vehicle act.
87-34May 23SCHOOLS.Requirement of county superintendent to have state certificate in order to hold office—“State Certificate” discussed.
87-34July 2ELECTIONS.
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.
87-34Sept 14NATIONAL BANKRUPTCY ACT.Agricultural compensations and extensions – liability for cost of publication of notice.
88-34Jan 5FEES OF MESSENGER.
EXTRADITION OF FUGITIVES.
To be fixed in amount by governor.
Expenses of messenger fixed by governor.
88-34Jan 6TAXATION.
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.
88-34Jan 11MOTOR VEHICLES.License registration fee, amounts to be charged under recent act discussed.
88-34Jan 27MOTOR 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.
88-34Jan 30SHERIFF.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.
88-34Mar 8PROSECUTING 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.
88-34Apr 18NEWSPAPERS.Independent newspaper cannot qualify for publications under Sec. 10249, R.S. 1929.
88-34June 16TAXATION.
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.
88-34Sept 5TAXATION.Procedure established by Senate Bill 94 applicable in cities of the third class.
88-34Sept 11TAXATION.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.
88-34Nov 15SCHOOLS.
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.
88-34Dec 7COUNTIES.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.
88-34Dec 19MOTOR VEHICLE LICENSE FEES.License fee for trailers and semi-trailers should be based on live load capacity of such trailer or semi-trailer.
89-34Feb 21COUNTY WARRANTS.Warrants reduced to judgment do not lose their priority nor does the judgment extinguish priority.
89-34May 29COUNTIES.No priority with respect to interest payments.
89-34June 12RECORDER OF DEEDS.Fees to be charged for recording Deeds of Trust.
89-34Sept 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.
90-34Jan 2SPECIAL 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.
90-34Mar 19BANKS AND BANKING.Township Boards not permitted under the law to purchase Capital “B” Notes.
90-34July 3ELECTIONS.
PRIMARY.
Only one Party Ballot can be handed to each Elector.
90-34Oct 8Mr. J. Olin TaylorWITHDRAWN
90-34Oct 26NEPOTISM.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.
90-34Dec 20TAXATION.
GASOLINE TAX.
Federal Emergency Relief Administration exempt from gasoline tax.
91-34Feb 15COUNTY WARRANTS.An opinion relating to the payment of delinquent county warrants.
91-34Mar 22CITIES OF THE THIRD CLASS.Relating to the Extension of its city limits.
91-34Apr 18PETITION.Form in action for deficiency in public school fund loan.
91-34Apr 27SCHOOL 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.
91-34May 31SHERIFF.
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.
91-34July 9Hon. Vane C. ThurloWITHDRAWN
91-34July 17CRIMINAL USURY.One violates the criminal code of Missouri who charges in excess of 2% per month as interest for a loan.
91-34Aug 1VOTING.Members of Veterans Administration department of Federal Government are entitled to vote in Missouri.
91-34Aug 8TAXATION.Municipalities may tax real estate within city limits regardless of acreage.
91-34Oct 31TAXATION.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.
91-34Nov 22ELECTIONS.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.
91-34Dec 18DEAD BODIES.Definition of common carrier of, under R.S. Mo. 1929, Chap. 52, Art. 3.
92-34Jan 10COUNTY COLLECTOR.Subdivision XIV of Sec. 9935, R.S. Mo. 1929 unchanged by subdivision XIV of Sec. 9935, Laws of Mo. 1933, p. 454.
92-34Oct 10CITIES, 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.
93-34Jan 8NOTARIES PUBLIC.Clerical position not within the intent of the words “an office of profit under the U.S.”.
93-34Dec 28CIRCUIT 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.
95-34Feb 17PROBATE 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.
95-34May 29SCHOOLS.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.
95-34June 20PROBATE 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.
95-34June 21COUNTY 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.
95-34Nov 8Hon. Thomas A. WalkerWITHDRAWN
96-34Feb 10TRUCKS.Relating to classification of trucks which come under regulations of P.S.C. and discusses interstate and intra state transportation.
96-34Mar 9TAXATION 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.
96-34Apr 12SPECIAL 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.
96-34May 1PHYSICIANS.
CHIROPODISTS.
A registered physician may hold himself out to the public as a chiropodist, and in so doing does not violate criminal law.
97-34May 24SCHOOLS.Employment of teachers and number thereof discretionary with board—contingent upon funds in possession or amount voted.
97-34July 13ELECTIONS.Vacancies occurring before primary must be filled after the primary election.
97-34July 16CONSTABLE.
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.
97-34July 31Hon. William J. WhiteWITHDRAWN
97-34Dec 26TAXATION.House Bill 124 page 166, Laws Missouri Extra Session 1933-1934, not a temporary measure.
98-34Mar 10NEPOTISM.Right of City Council in Louisiana, Missouri, to appoint a brother of one of their members as an election judge in a city election.
98-34Mar 19PUBLIC 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.
98-34Mar 31WITNESS FEES.Expert Witness fees for State Witnesses are properly chargeable under certain circumstances.
98-34Apr 3STATE 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.
98-34May 11TAXATION AND REVENUE.Application of Senate Bill 94 to delinquent city tax collections depends on classification of cities.
98-34June 6SCHOOL DISTRICTS.Financial statements shall contain what. School Boards may be compelled to publish annual statements, how.
98-34June 21COUNTY 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.
98-34Dec 1Mrs. Sallie WilsonWITHDRAWN
98-34Dec 18CONFEDERATE SOLDIERS’ HOME.Compensation of treasurer of board of trustees.
99-34Apr 12GAMBLING.“Bank Night”
99-34May 17COUNTY CLERK DEPUTIES.Entitled to increase authorized by Section 11811 Laws of Missouri 1933, page 371.
99-34May 29MOTOR VEHICLES.Right of City to license is not affected by Motor Bus and Truck Law.
99-34Aug 21CHIROPRACTORS.Right to possess or prescribe narcotics.
99-34Sept 14TAXATION.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.
99-34Dec 8CIRCUIT CLERKS WHO ARE EX-OFFICIO RECORDERS OF DEEDS.Bond required for each capacity – both offices to be assumed on first Monday in January.
99-34Dec 26COUNTY CLERK FEES.
SALARIES & FEES.
County Clerk not entitled under Section 11781 to 50 cents for attesting each county warrant.
100-34June 9TAXATION.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.
100-34Aug 30Mr. W. J. YountWITHDRAWN
100-34Nov 10COUNTY 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.
100-34Nov 12TAXATION.House Bill 124 Extra Session, applies to penalty on “taxes”, does not apply to drainage district assessments.