1936 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-36 Feb 25  SCHOOLS. Is mandatory upon the board of directors to pay high school tuition, and voters cannot vote not to pay same.
1-36 June 10 TAXATION. When property of a corporation is exempt from taxation on the ground that it is devoted exclusively to religious and educational purposes.
1-36 July 24 Hon. H. D. Allison WITHDRAWN
1-36 Aug 12 ELECTIONS. Candidate for ward registrar who withdrew verbally the day before election, whose name was not taken off the ballot but subsequently received the most votes, is the legal nominee and if he does not desire to accept the nomination the county committee can fill the vacancy as provided in Sec. 10268, R.S. 1929.
When 2 candidates for constable receive same number of votes, nominee should be determined by lot by canvassers.
2-36 Jan 10 SHERIFFS.
POLICE OFFICERS.
FINGERPRINTS.
When the sheriff or police officer is entitled to fingerprint and photograph without incurring personal liability. Admissibility of photographs and fingerprints in evidence in criminal cases.
2-36 Feb 7 ROADS & BRIDGES. Interest derived from county depositary on funds, goes to “county road and bridge funds”.
2-36 Feb 21 ELECTIONS.
JUDGES AND CLERKS.
Counties of 200,000 to 400,000 inhabitants.
2-36 Mar 30 BUS AND TRUCK LAW. A partnership engaged in transporting for hire, by special agreement, the property of the individual members of the partnership must have a contract hauler’s permit.
2-36 May 19 CIRCUIT CLERKS. There is no statute at present time governing salary of Circuit Clerk of St. Louis County. Sec. 14563, R.S. Mo. 1929 cannot be made to apply.
2-36 May 25 COUNTY COURTS. Not permitted to contract debts beyond the anticipated revenues for the year.
2-36 May 27 COUNTY COURT. Has power to contract with private auditing firm to audit the accounts of county officers.
3-36 May 26 INHERITANCE TAX. In computing the inheritance tax a deduction for debts of the deceased may be allowed only to the extent of the amount actually paid the creditor, and not as to the face amount of the debt existing at the date of the death of the deceased.
3-36 Oct 20 INHERITANCE TAX. Brokerage houses are subject to the provisions of Section 583, R.S. Mo. 1929.
3-36 Nov 9 CIRCUIT CLERK. Circuit Clerk appointed by Governor “until next general election” relinquishes the office after the general election in November.
4-36 Dec 30 DELINQUENT TAXES. If County Court compromises taxes in accordance with Sec. 9950, Laws 1933, p. 427, County Collector is not personally liable.
5-36 Jan 16 MARRIAGE. It is not illegal for Circuit Clerk Ex-officio Recorder of Deeds to direct couples to ministers or other persons authorized under the statutes to perform marriages.
5-36 Jan 31 CIRCUIT CLERKS. Cannot retain fees allowed in excess of the amount as contained in Section 11786, Laws Mo. 1933.
5-36 Mar 28 CITIES. City of fourth class may, by ordinance, provide for the appointment of a collector of light and water revenue.
5-36 Apr 18 VILLAGES AND TOWNS. Villages and towns should style their ordinances in accordance with the statutes relating to such villages and towns.
5-36 Aug 14 COMMITTEE. Organization of County Committee.
5-36 Aug 31 APPROPRIATIONS. Construction of the word “repair” as it appears in the Appropriation Act.
5-36 Sept 22 ROADS AND BRIDGES. Bond proposition for road purposes cannot be submitted to part of a township – whole of township must vote for issuance of bonds.
5-36 Dec 3 INCOME TAX. Under provisions of Sec. 10136, Laws of Mo. 1935, p. 410, it is duty of county collectors and Collector of City of St. Louis to forward all income taxes delinquent for 30 days or more to State Auditor for collection. This applies to 1935 and prior years.
6-36 Feb 4 Mr. Charles Beals, Clerk WITHDRAWN
6-36 Mar 18 SCHOOL & SCHOOL DISTRICTS.
CONTRACT.
TEACHERS.
Must state monthly wage and be definite and certain.
6-36 Apr 9 INTOXICATING LIQUOR. City Ordinance permitting licensees of intoxicating liquor to sell 3.2% beer on Sunday is in conflict with State law, and void.
6-36 May 29 COUNTY TREASURER. By reason of Sec. 12132a, Laws 1933, p. 338, office of county treasurer in counties of less than 40,000 inhabitants is abolished and from Jan. 1, 1937 duties of office will be carried on by County Collector.
6-36 Sept 18 Hon. C. Jasper Bell WITHDRAWN
6-36 Oct 23 ELECTIONS. (1) Board of election commissioners cannot continue to receive applications for erasure of names after Monday noon, October 19, 1936 under Section 10596, RSMo 1929;
(2) Board of Election Commissioners or any two members do not have power to order recanvas of Kansas City or Portion thereof under Section 10568, RSMo 1929.
6-36 Oct 26 ELECTIONS. Certificate for county offices may be filed with county clerk not later than 10 days before election for November Election, 1936.
6-36 Nov 24 TAXATION & REVENUE. County Court may through prosecuting attorney and circuit judge levy special taxes to pay past due indebtedness under Section 9868, R. S. Mo. 1929.
7-36 Sept 30 Hon. Davis Benning WITHDRAWN
8-36 Feb 4 OLD AGE ASSISTANCE. Proposed escrow agreement in connection with the Old Age Assistance Commission of Iowa must be acknowledged, real estate described, same must be recorded with the Recorder of Deeds. Recorder of deeds to receive regular statutory fee, and all executed according to the laws of the State of Missouri.
8-36 Mar 24 MOTOR VEHICLES. No person under age of 16 years permitted to drive motor vehicle in the State of Missouri, although perhaps in many instances more competent than many adults.
10-36 Jan 15 Mr. Wallace I. Bowers WITHDRAWN
10-36 Jan 21 SCHOOLS. Orphan children permitted to attend school in any district in which such have a temporary or permanent home and are unable to pay tuition fees.
10-36 Jan 25 NON-INTOXICATING BEER. City ordinances requiring applicant to be property owner is in conflict with State law on said subject, and void.
10-36 Jan 28 INHERITANCE TAX. Whether or not a bequest to a hospital is exempt is a question of fact to be determined by reference to the corporate charter and purposes of the corporation.
10-36 July 28 LIQUOR CONTROL DEPARTMENT.
APPROPRIATIONS.
Legislature did not appropriate for the payment of burglary or theft insurance.
10-36 Nov 19 Hon. L. G. Boarright WITHDRAWN
11-36 Jan 18 COMMISSIONER OF AGRICULTURE.
EMBARGO.
STATE BOARD OF HEALTH.
Neither has authority to issue embargo prohibiting shipment of apples into this state.
11-36 Apr 20 BUREAU OF AGRICULTURE. Moneys collected by Ag Bureau shall be deposited daily in State Treasury and can be legally paid out only pursuant to Appropriation by General Assembly.
11-36 July 30 ELECTIONS. Members of C. C. Camps are entitled to vote in the primary if they possess the necessary qualification. Elections Judges can challenge their right to vote and reject their vote if illegal.
11-36 Sept 3 BOUNDARIES. The Supreme Court of the United States has jurisdiction in a suit between two states to determine boundary line.
11-36 Nov 10 CITIES. Boards of Aldermen of cities of the 4th Class shall only select an Acting President of the Board in the absence of Mayor or vacancy in office of Mayor.
11-36 Nov 12 Dr. T.L. Bradley WITHDRAWN
12-36 Jan 30 TRADEMARKS. Descriptive terms in English or foreign language are not subject to registration under the trademark law.
12-36 Feb 11 Dr. W. J. Bryan, Supt. WITHDRAWN
12-36 Feb 19 ROADS & BRIDGES. Mayor of City of Fourth Class has a right to cast a vote for special road commissioner.
12-36 Mar 12 REAL ESTATE. Authority of State to sell real estate.
12-36 Mar 19 Hon. Dwight H. Brown WITHDRAWN
12-36 Apr 16 TRADE-MARKS. Resemblance between two trade names as to raise a probability of public mistaking one for the other may not be registered.
12-36 Apr 22 TRADE MARKS. Words in common use cannot be trade-marked.
12-36 Apr 29 BONDS.
SECRETARY OF STATE.
BLUE SKY LAW.
Form of Dealer’s Bond; approved.
12-36 May 20 MOTOR VEHICLES. Safety glass required (1) when care is used for carrying passengers for hire; (2) when car is sold in the State of Missouri and designed for carrying passengers.
12-36 May 26 SECURITIES DEPARTMENT. Acreage and drilling agreement of H.F. Wilcox is within the exemption of sub-section (f) of Sec. 7726, R.S. 1929.
12-36 July 10 SHERIFF. Expenses necessary in execution of death warrant are a charge on the sheriff.
12-36 July 25 ELECTIONS. 1. All of the judges at election should select the clerks of election.
2. Judges may not select clerk related to them within fourth degree of consanguinity or affinity.
12-36 July 28 BOND INVESTMENT COMPANIES. Bond investment company must post one hundred thousand dollar bonds. Companies held to be Bond Investment Companies.
12-36 Sept 11 Hon. Dwight H. Brown WITHDRAWN
12-36 Sept 14 TRADE-MARKS. What constitutes an infringement of trade-marks for similarity.
12-36 Sept 24 TRADE-MARKS. Rules to be followed in trade-marking slogans.
12-36 Oct 1 TRADE-MARKS. Construction of U. S. C. A., Title 15, Section 85, Page 25.
12-36 Oct 8 BULL FIGHTS. Whomsoever shall use any designs to attract, provoke, harass or torment any bull shall be guilty of baiting a bull. The giving of any entertainment known as Corrida De Toros (Running of the Bulls) is prohibited.
12-36 Oct 17 MISSOURI CREDIT UNION ACT. Minors may own shares but can rescind contract and demand return of investment; in instant case minor borrowing value of actual investment, credit union should insist on mother executing promissory note; if not specifically stated in by-laws, it is immaterial what purpose money borrowed by minor is used for; minor has same right in respect to borrowing in excess of holdings as adult member; minor may vote in election of officers.
12-36 Nov 16 Hon. Dwight H. Brown WITHDRAWN
12-36 Dec 15 ELECTIONS. When Constitutional Certificate to office shall issue.
13-36 Feb 26 Hon. N. Elmer Butler WITHDRAWN
13-36 May 20 PUBLIC OFFICERS. Mayor cannot compel city council to ratify his appointments; Mayor cannot make appointments without the consent of majority of city council.
13-36 May 21 FEES.
CRIMINAL COSTS.
JUSTICE OF THE PEACE.
Mileage fee in transporting prisoner more than 5 miles to preliminary in Justice Court is not a legal charge against the State or County. (This opinion is in accord with opinion dated November 14, 1935 written to Judge Arthur S. Shaw, Excelsior Springs, Mo. No. 83).
13-36 May 22 RECORDERS FEES. Recorder must charge fees for services in the amount provided for by law.
13-36 July 9 ELECTIONS. Appointment of judges in primary elections.
13-36 July 20 COUNTY COLLECTOR. Should pay balance due on annual settlement. Liable for penalty of 10% per month until paid. When.
13-36 July 31 VOTING. Members of Citizens Conservation and transient camps are entitled to vote in county and state elections, both as resident voters.
13-36 Aug 25 LANDS.
STATE FORESTS.
Legislation is necessary in order for the State of Missouri to obtain benefits of the Fulmer Act; until legislation is enacted the State of Missouri cannot cooperate with the Federal Government.
13-36 Sept 7 SEARCH WARRANTS. When same may be obtained.
13-36 Nov 17 TAXATION AND REVENUE.
DELINQUENT LAND SALES.
Owner of land has two years in which to redeem; if last day falls on Sunday, following Monday is in time.
13-36 Dec 19 COUNTY COLLECTOR.
EX OFFICIO TREASURER.
In counties less than 40,000 inhabitants and not under township organization, collector must perform all duties on January 1, 1937, formerly required of county treasurer.
14-36 Apr 10 ELECTIONS. Sec. 10310, Laws of Mo. 1933, p. 228 is mandatory, and not directory in the counting of votes when it states that the same shall not be counted.
15-36 Jan 3 MOTOR VEHICLES.
LICENSE TAX.
Employees of Federal instrumentalities are not required to have a Missouri certificate as a registered operator of an automobile.
15-36 Feb 26 MOTOR VEHICLES. Definition of “registered operators” applied to facts in case of registered dealer employing irregular employee for purpose of driving cars.
15-36 Apr 29 TAXATION. Personal property shall be assessed in the county of the owner’s residence.
15-36 May 2 JUSTICES’ COURTS. If Justice designates sheriff to serve process and includes same in his minutes, sheriff has power to do so.
15-36 May 7 COUNTY FINANCIAL STATEMENT. State Auditor prepares forms to be printed and approves financial statement as to form only; it is duty of person designated to prepare financial statement to show that same is correct; if financial statement is not included in preparing the budget, it may be paid out of Classes 5 or 6 or out of an ascertainable surplus in any of the other classes, or out of delinquent taxes.
15-36 Oct 24 SCHOOL FUNDS. County court has right, absent fraud, to sell property acquired through foreclosure of school funds if such be the most advantageous to the school or schools interested therein.
15-36 Dec 4 MO. STATE HIGHWAY PATROL. Designation of “sergeant” instead of “patrolman” is immaterial so long as compensation does not exceed that of patrolman; maximum employees of Patrol, exclusive of janitors and clerks are 10 captains and 115 patrolmen; Commission can increase salary of enlisted men who have served five years 10% or any other per cent if it does not exceed $2400 for captains and $1800 for patrolmen.
16-36 Jan 22 MERCHANT LICENSE. Persons who deal in selling ice at any stand must obtain merchandising license and execute surety bond.
16-36 Feb 4 PENSIONS. Accrued assistance due applicant to be applied on funeral expenses, when.
16-36 Feb 13 OLD AGE PENSIONS. May not limit the number of assistance checks sent to out-of-state addresses, and permit same to accrue until persons return to Missouri.
16-36 Mar 13 OLD AGE PENSIONS. Applicant who has forfeited his citizenship by reason of conviction of desertion, not entitled to receive assistance.
16-36 Apr 17 CIRCUIT CLERKS. Change of Venue fees earned prior to the first Monday in January, 1935, are payable into the County Treasury.
16-36 Apr 22 OLD AGE PENSIONS. Federal Grants, to whom paid.
16-36 May 1 INCORPORATED CITIES. May enact zoning ordinances.
16-36 May 12 Mr. Homer G. Chaffin WITHDRAWN
16-36 May 15 OLD AGE PENSIONS. Naturalized citizen entitled to benefits of Old Age Assistance Act even if records of Naturalization have been lost or destroyed, if citizenship can be shown by other evidence.
16-36 May 22 DENTAL BOARD. Discretion in Board to determine method of examination.
16-36 June 27 DEPARTMENT OF PENAL INSTITUTIONS. Contract between Metropolitan Mfg. Co. and Dep’t. of Penal Institutions is legal.
16-36 Sept 30 MUNICIPAL CORPORATIONS.
CITIES, TOWNS & VILLAGES.
Board of Aldermen in Cities of Fourth Class has authority to divide city into wards.
16-36 Oct 10 ELECTIONS.
CITIES.
When registrars are elected in cities of 10,000 to 30,000 population.
16-36 Nov 16 COUNTY BUDGET ACT. When anticipated revenue is exhausted, no more warrants should be issued.
16-36 Dec 17 PROBATE JUDGES. May not act as appraisers or receive fees in such capacity.
17-36 Feb 12 COUNTY TREASURER.
DEPOSITARY OF COUNTY FUNDS.
Liability of County Treasurer on official bond, where no depositary bond is given.
17-36 Oct 15 COUNTY TREASURER. Receives commission as custodian of school funds out of general revenue fund of the county treasury.
18-36 Aug 5 PROBATE COURT. Refusal of administration as provided in Section 2, R. S. Mo. 1929.
19-36 Jan 30 TAXATION. Respecting Attorney’s fees in delinquent personal tax cases.
19-36 May 8 SCHOOLS. Under Section 9226 only majority vote is required to put into effect proposition solely for purpose of repairing and furnishing school.
20-36 Feb 5 OFFICERS.
LIMITATIONS.
Section 863 R. S. Mo. 1929 applies to actions against an officer to recover excess salaries, absent fraud.
20-36 Mar 11 OFFICIAL BONDS. Premium on official bond of State Labor Commissioner cannot be paid out of appropriation of Department of Labor & Industrial Inspection.
20-36 May 1 EMPLOYMENT AGENCIES. Mandatory to issue license when all statutory requirements have been met.
20-36 July 23 COUNTIES. County Court can appropriate $3,000 for the establishment of State Employment Bureau in St. Louis County for the purpose of establishing employment in connection with the rules and regulations of the Federal Relief Administration, Washington, D. C., said appropriation being for the purpose of indirectly relieving the county from maintaining and relieving the indigent poor as it is compelled to do under Sections 12961 and 12950, R. S. Mo. 1929.
20-36 Aug 17 Hon. Joe Crain WITHDRAWN
20-36 Aug 19 INTOXICATING LIQUOR. License should not be issued to partnership unless all the members have the required qualifications.
20-36 Sept 14 PETIT JURY.
CIRCUIT CLERK.
How summoned. One summons for petit jury.
21-36 Jan 15 MUNICIPALITIES. City’s police power and building regulations apply to county property within the city.
21-36 Feb 11 INCOME TAX. Salaries of county and city officials are considered in computing income tax.
21-36 Mar 19 GAMBLING. Suit Clubs
21-36 Apr 22 PUBLIC SERVICE COMMISSION. May require safety appliances on railroads.
21-36 Apr 29 Hon. Elliott M. Dampf WITHDRAWN
21-36 May 13 INSURANCE. An insurance company incorporated under Art. IV, Chapter 37, R.S. Mo. 1929 may increase its capital stock as provided in Sec. 5915, R.S. Mo. 1929.
21-36 June 3 PEDDLERS. Whether or not a person is a peddler depends upon the facts in each case. Peddler defined, discussed and applied.
21-36 June 27 PRIMARY ELECTIONS. Persons known to be affiliated with one Party not entitled to vote the ticket of the other Party, unless he obligates himself by oath or affirmation to support the Party nominees of the ticket he is voting, in the following general election.
21-36 Oct 19 COUNTY BUDGET ACT. County Clerk does not incur liability on his official bond for issuing warrants so long as the same do not violate the terms of the Act.
21-36 Oct 27 CONVICTS. Convicts while serving life sentence and dying while so incarcerated, leaving a personal estate within the county of their death, such personal estate shall be administered by the probate court of the county wherein the convict died.
22-36 Jan 2 TAXATION. Collection of delinquent real estate taxes in cities of the third and fourth classes.
22-36 Sept 9 SHERIFFS. Sheriffs may purchase supplies for County Jail without obtaining a requisition from the County Court, but it is necessary each order be certified by the Accounting Officer.
24-36 Jan 24 MORTGAGES. Method of releasing chattel mortgage.
25-36 Jan 13 COUNTY WARRANTS. County Treasurer is not liable if warrant is regularly issued and regular on its face – is liable if same violates County Budget Act.
25-36 Feb 10 HIGHWAYS.
SPECIAL ROAD DISTRICTS.
Commissioners of Special Road Districts, under Article IX, Chapter 42, have exclusive jurisdiction to build roads within the district.
25-36 Aug 18 Hon. Lewis A. Duval WITHDRAWN
25-36 Dec 12 CORPORATIONS. Approval of Articles of Agreement of Medical Guild Service, Inc.
26-36 Jan 10 FEES. Curators of Lincoln University not entitled to per diem and mileage except within the State and not for a greater distance than from Curator’s home to place of board meeting.
26-36 July 23 COUNTY COLLECTORS. County Collector cannot continue to collect income taxes or receive a commission for collecting the same after the income tax has become delinquent and certified to the State Auditor under Section 10136, Laws of Missouri, 1935, page 410.
26-36 Sept 10 CITIES OF FOURTH CLASS. Unless ordinances provide punishment for prisoner escaping custody, prisoner cannot be brought back from another county; if prisoner returns to city, he can be taken into custody and compelled to serve out remainder of sentence.
27-36 Jan 7 BUS AND TRUCK LAW. Irregular route permit does not authorize servicing points serviced by regular route permit holders. Venue is in any county through which goods are illegally hauled.
27-36 Jan 10 RECORDER’S FEES. Recorder of Deeds is not entitled to compensation for making certified copies, but is entitled to fifty cents for his certificate.
27-36 Feb 3 TAXATION. Right to compensation for improvements by certificate holder upon improvements made by certificate holder.
27-36 Feb 17 INHERITANCE TAX. Legacy of U.S. bonds or other government securities not exempt from provisions of inheritance tax laws of State of Mo.
27-36 Sept 30 ELECTIONS. Absentee ballots – An absentee voter may vote his ballot immediately upon receipt of same or on any day prior to and including day of election. Elector voting absentee ballot must be within the confines of the State of Missouri.
29-36 Feb 14 BLIND PERSONS.
BLIND PENSIONS.
In an estate by the entirety each owns the whole.
29-36 Feb 28 BLIND PENSIONS. “Income,” as found in Section 8893, R. S. 1929, discussed and defined.
29-36 July 13 CITIES OF THE THIRD CLASS.
PAUPERS.
It is not compulsory for cities of the third class to carry Workmen’s Compensation Insurance for employees of Electric Light and Water Plants. County Court should bear expense of burying paupers in cities of the third class.
30-36 Feb 8 CHIROPRACTIC. Board must hold annual election of officers.
30-36 Feb 13 SCHOOLS. Consolidated District may not divide itself to form two new districts; however, consolidated district may change its boundaries so that part of its territory would be annexed to another district.
30-36 Oct 13 SCHOOLS.
COUNTY SUPERINTENDENT OF SCHOOLS.
County Superintendent of Schools is entitled to only actual expenditures for traveling expenses and clerical hire and when the bill is presented to the county court the county court must draw a warrant for same just so long as the maximum amount allowed has not been exceeded.
31-36 Feb 18 INHERITANCE TAXATION. Proper method to be employed in assessing inheritance tax against legacy to husband and wife.
31-36 May 1 PUBLIC OFFICERS. Sec 18, Art. IX, Constitution of Mo. does not apply to City of Brunswick or to Chariton County.
31-36 June 15 JUSTICES OF THE PEACE. Terms of office of appointees, under Section 2136-a, Laws of Missouri 1935.
31-36 July 20 SCHOOLS.
CONSOLIDATED SCHOOL DISTRICTS.
Election to dissolve consolidated district under Sect. 9331, must be held at the consolidated school building and the notice of election to dissolve must be given by the Board of Directors.
32-36 June 25 COOPERATIVE ASSOCIATION. Re: Federal Loans to Cooperatives; Exemptions from certain taxes; Sections 12676 et seq; Sections 12706 et seq; Sections 12748 et seq, R. S. 1929.
33-36 Feb 17 SHERIFF.
JAIL.
Sheriff authorized to purchase supplies for County Jail.
33-36 Apr 23 OFFICERS.
CITIES.
Term of office of municipal officers shall date from the election, and their salaries cannot be increased during the term for which they were elected.
34-36 July 9 BOARD OF HEALTH-BIRTHS. Free birth records, when available, are to be furnished for use in perfecting claims for United States Soldiers’ pensions.
35-36 Jan 29 TAXATION. Who entitled to surplus received from tax sale.
35-36 Feb 3 CRIMINAL LAW.
MORTGAGED PROPERTY.
Certain evidence admissible in crime of disposing of mortgaged property.
35-36 May 22 CRIMINAL LAW.
MORTGAGED PROPERTY.
VENUE.
Where to place the in prosecution for sale of mortgaged property.
35-36 May 29 SHERIFFS. A sheriff may receive only a reasonable compensation for caring for a jury, not to exceed $2.00 per day for each juryman and the officer in charge.
35-36 June 27 BRIDGE LAW.
ST. CHARLES COUNTY BRIDGES.
LEWIS & CLARK BRIDGE COMPANY.
1. Validity of St. Charles County Bridge Contract.
2. Costs of operating, maintaining and repairing bridges must be paid out of bridge tolls before funds set aside for principal and interest on bonds.
35-36 July 31 INSURANCE. Reciprocal contracts in insurance may be issued that are non-assessable.
35-36 Aug 24 INSURANCE. Subscriber’s Agreement of Consolidated Underwriters authorizes attorney in fact to issue non-assessable policies.
35-36 Oct 16 TAXATION. (1) Owner may purchase at tax sale for high bid on third offer.
(2) Proceeds of sale to apply to costs and to be prorated to funds.
(3) Abandonment of suit does not prevent sale of property at third offering for high bid.
35-36 Oct 17 TAXATION. Delinquent taxes bear interest at six per cent if taxpayer in bankruptcy.
37-36 Jan 14 CIRCUIT CLERKS. Deputy Circuit Clerks in Shelby County entitled to compensation fixed by County Court within Statutory limitations.
37-36 Jan 24 SCHOOLS. Interest collected on delinquent taxes is in effect a part of the tax and should be distributed in proportion to the amount each levy bears to the total.
37-36 Jan 31 Hon. Charles A. Haskins WITHDRAWN
37-36 Mar 10 SALARY.
ROAD OVERSEER.
Recovery of back salary as road overseer.
37-36 Mar 10 TAXATION. Supplemental opinion to opinions dated November 24, 1934 and April 13, 1935, to Walter H. Miller and Battle McCardle respectively.
37-36 June 15 TAXATION. Delinquent taxes of cities of the fourth class.
37-36 Aug 18 SCHOOLS. School districts are exempt from purchasing state automobile tags.
37-36 Oct 19 JURORS. Traveling expenses.
38-36 Feb 20 PUBLIC ADVERTISEMENTS. Newspaper distributed gratuitously not qualified for legal publications.
38-36 Mar 24 SCHOOLS. Fencing and athletic field is a school purpose for which a district can levy a tax within constitutional limitations.
38-36 May 23 EXTRADITION. Member of conspiracy in Kentucky, never present in Missouri, is not a fugitive, though conspiracy was consummated in Missouri. Jurisdiction of Missouri Courts to try conspirator living in Kentucky.
38-36 Sept 30 ELECTION. Relating to permanent registration in Sedalia.
39-36 Jan 2 CHILDREN.
SCHOOLS.
CHILDREN’S HOME.
Defective child if not given education by parents until such is 16 years of age, then State Home has right to cite said children and parents before the juvenile court to have said court declare such child neglected, and after declaring such child neglected the custody of said child given to Children’s Home.
39-36 Jan 31 CIRCUIT CLERKS. Have authority without court order to file papers which the statute authorizes to be filed. Must have court order authorizing filing of any other paper. The legal effect is the same whether the paper is marked filed or whether the record proper shows filing, as the important act is the delivery of the paper to the clerk.
39-36 Feb 5 STATE BOARD OF CHARITIES. County Superintendent of Public Welfare is not authorized to administer direct relief.
39-36 Nov 21 COUNTY TREASURER AND EX OFFICIO COLLECTOR. The incoming treasurer and ex officio collector must of necessity make up the 1937 annual “delinquent land list.”
40-36 Jan 15 SCHOOLS. Use of school property for purposes other than instruction to pupils is discretionary with the Board of Directors.
41-36 Mar 31 GAME AND FISH CRIMES. (1) Territorial jurisdiction of crimes is limited to statutory and constitutional boundaries which change by “accretion” but not be “evulsion”.
(2) Netting of fish in April and May in Missouri waters is a misdemeanor.
41-36 July 16 COUNTY COLLECTOR AND COUNTY TREASURER. Collector cannot pay taxes which he has collected to county treasurer by warrants unless such warrants were received from legal holder. Treasurer not entitled to additional compensation for handling money derived from sale of road bonds.
41-36 July 31 ELECTIONS. Challengers at primaries have no official rights beyond the territorial limits of the committeeman or committeewoman making the appointment.
41-36 Aug 27 CONSTABLES. Fees of a constable and deputies for attending election and erecting and tearing down election booths.
41-36 Aug 29 CRIMINAL LAW.
CONCEALED WEAPONS.
One traveling on a continuous journey peacefully through the State is not prohibited from carrying a concealed weapon.
42-36 June 6 ELECTIONS.
PRIMARY ELECTIONS.
Failure of County Clerk to publish notice, as required by Section 10256, R. S. 1929, of offices to be filled, does not invalidate primary election.
42-36 July 15 COUNTY BUDGET ACT. The deficit in Class 2 relating to payment of jurors by script under Sections 8767 and 8765 may be paid out of excess funds existing at the close of the fiscal year in any other class, or may be paid out of surplus existing after all current expenses are paid, or from delinquent taxes.
42-36 Oct 12 INSPECTION OF GRAIN. Form used by firm for inspection for its own convenience and not impersonating Grain Inspection & Weighing Department, not violation of Sec. 13362, R.S. Mo. 1929.
43-36 Jan 18 OFFICERS. Illegal for State, County or municipal officer to accept or use pass issued by railroad company in consideration of such officer acting as local attorney.
43-36 Feb 7 COUNTY COURT. Cannot appropriate funds for a county farm organization when the same does not legally exist.
43-36 Feb 20 RECORDER. Recorder’s fee for recording real estate deeds.
43-36 Feb 24 STATE ELEEMOSYNARY INSTITUTIONS. (1) If county court finds patient in state hospital has not sufficient property to keep said patient as a private patient, such finding is final;
(2) Father not compelled by law to maintain son in state hospital but may reimburse county if he so desires;
(3) County Court cannot pay members of County Old Age Assistant Board.
43-36 May 23 TOWNSHIP OFFICERS. Increased compensation under Section 12310, R.S. 1929, as amended Laws of Mo. 1931, page 377.
43-36 Sept 5 MARRIAGE. Marriage between man and his niece, although valid in Austria where contracted, is void in the State of Missouri and the parties are subject to criminal prosecution if they return to live as husband and wife in Kansas City, Mo.
43-36 Oct 13 GAME & FISH.
TRESPASSING.
In attempting prosecution under Sec. 8312, R.S. 1929, use of land and custom of owner regarding same should be considered. If either of three elements – “enclosed, improved or cultivated” – exist, prosecution will lie.
43-36 Dec 30 PENITENTIARY. Officers and employees of the Missouri State Penitentiary, and superintendents of institutions under department of penal institutions are not entitled to subsistence.
45-36 Jan 7 PUBLIC OFFICERS. Denied the right to become interacted in contracts made in their official capacity.
45-36 Jan 14 ELEEMOSYNARY BOARD.
INSPECTION OF RECORDS.
Records are privileged, but if waived may be inspected by any interested party; board may make reasonable rules respecting the same. If suit is pending, the court may order inspection; subpoena duces tecum will produce records in court.
45-36 Feb 20 OSTEOPATH. Osteopaths have legal right to participate as physicians in sanity inquest on county patients.
45-36 Feb 28 COUNTY BUDGET ACT. Insane pauper patients not sufficiently harmful to be sent to State Hospital may be kept at County Farm and expenses therefor paid out of Class 5.
45-36 Mar 10 COURT REPORTER. Fees for transcribing bill of exceptions in criminal cases where defendant is poor person.
45-36 Mar 11 PROBATE JUDGE. Probate Judge acting as ex officio clerk required to give bond as such.
45-36 May 19 ELEEMOSYNARY INSTITUTIONS. Counties must pay board of managers in cash for up-keep and support of insane poor, but the sending of a warrant or a check, if such represents cash, complies with Section 8636, R. S. 1929.
45-36 June 12 ELEEMOSYNARY INSTITUTIONS. County patient, upon inheriting money in excess of exemptions allowed by law, must be made pay patient by order of the County Court.
45-36 July 31 APPROPRIATION. Eleemosynary may contract for inspection of boiler in connection with its institutions, same may be paid from “Operation Fund”.
45-36 Aug 8 SHERIFFS FEES. Amount allowed for actual miles traveled.
45-36 Aug 20 TAXATION. When American Legion is exempt from taxation.
45-36 Aug 31 Hon. W. O. Jackson WITHDRAWN
45-36 Oct 20 ELECTIONS. Occupants of private homes, partially supported by the county are not inmates of poorhouses within the meaning of the Constitution of the State of Missouri and Section 10178 R.S. Mo. 1929.
45-36 Oct 27 SOLDIERS AND SAILORS. Can vote in St. Louis County if they can establish a legal residence, independent of the fact that they are soldiers and sailors in the regular United States Army and Navy.
46-36 Jan 29 COUNTY BUDGET ACT. Salary of Janitor should be in Class 4. Estimate for Sup’t. of County Farm should be placed in Class 5, when superintendent is not paid regular salary but receives compensation from the county court for boarding and maintaining each inmate.
46-36 Jan 29 TAXATION. Cost of publishing delinquent list to be paid out of County Treasury.
46-36 May 7 SCHOOLS. Use of public funds in aid of sectarian institutions void.
46-36 Dec 22 DRUGS. A person may not use the word “drugs” in his business or advertisement unless he be a licensed pharmacist.
47-36 Jan 21 COUNTY BUDGET ACT. Special tax levy of .07 authorized by section 7891 is not to be included in the term revenue as used in the Budget Act.
47-36 Feb 28 SCHOOL FUNDS. Property sold to satisfy school fund mortgages, when securities are insolvent should be handled as outlined in Sec. 9256, R.S. Mo. 1929.
47-36 Dec 31 CO. SUPERINTENDENT OF SCHOOLS. Section 9467 permits county superintendent to receive not to exceed one-fourth of the annual salary as traveling expenses and clerical hire, or not more than $3.00 for each teacher under his jurisdiction. If county Sup’t. does not claim full amount as actual expenses, he cannot afterwards claim offset by county against him for alleged unlawful salary and fees. If county sup’t. has not claimed all actual expenses, he may do so at any time during the year.
48-36 Mar 9 CIRCUIT CLERK. Not entitled to retain drainage tax fees under Sec. 10879 in addition to maximum amount of fees he is entitled to retain under Sec. 11786, R.S. Mo. 1929.
48-36 Nov 25 TAXATION. Procedure of Collector after third sale—Four propositions.
49-36 Apr 24 SCHOOL DISTRICTS. When warrants may be issued on anticipated revenues.
49-36 July 23 COSMETOLOGY. The Board of Health for its power to make rules and regulations governing examination of applicants can charge applicants a fee of $1.00 for the rental of equipment necessary for said examination in addition to the regular examination fee of $10.00 as provided under Section 9094, R. S. Mo. 1929.
49-36 Aug 27 SCHOOLS. Section 9357, R. S. 1929, and Section 19, Laws of Mo. 1931, page 346, provide building aid to certain districts and allow participation in both.
49-36 Oct 10 Hon. Lloyd W. King WITHDRAWN
49-36 Oct 20 ELECTIONS. A person legally qualified as a voter and able to read and write may act as a judge of election (except candidate) in counties the size of Livingston County.
49-36 Nov 13 COUNTY COURTS. Limits on borrowing money cannot exceed reasonably anticipated revenues for the year without a bond issue approved by the people.
49-36 Dec 15 SCHOOLS. General Assembly may provide gratuitous instruction for persons under 6 years of age and also for persons over 20 years of age, and such would not violate the Constitution of Missouri.
49-36 Dec 31 SCHOOLS. Postage may be purchased from the appropriation to teacher-training if such postage is used in the inspection and supervision of teacher-training.
50-36 July 28 OLD AGE PENSIONS. State Board not relieved from liability to pay funeral expenses of deceased pensioner because he carried policy of insurance in the amount of $108.00 payable to his wife.
51-36 Mar 11 OLD AGE ASSISTANCE. Applicant may appeal to the Circuit Court from the decision of the State Board as to amount of assistance allowed.
51-36 Dec 31 PENAL INSTITUTIONS. Commissioners may not make lump sum allowances for extraordinary services performed by employee, over and above fixed salary.
52-36 Jan 8 Hon. Joseph A. Lennon WITHDRAWN
52-36 Mar 11 Mr. A.C. Leftwich WITHDRAWN
52-36 Mar 12 STATE BOARD OF EDUCATION. Duly authorized agency to receive Federal Social Security Funds for health work in Mo.
53-36 Nov 13 PUBLIC ADMINISTRATOR. Tenure of Office.
54-36 Sept 15 CITIES.
PUBLIC SERVICE COMMISSION.
Public Service Commission Act supersedes any contract between city and utility as to purity of water.
56-36 Jan 20 BANKS & BANKING.
CORPORATIONS.
Persons seeking to incorporate doing a safety deposit box business, must comply with the provisions of Article 5, Chapter 34, R.S. Mo. 1929.
56-36 Aug 14 CRIMINAL COSTS. In change of venue cases, where a cause is transferred from one county to another and a defendant is convicted in the latter county and sentenced to a term in the county jail, the expense and upkeep of such prisoners shall be borne by such county from whence the cause was transferred.
56-36 Sept 30 ELECTIONS. Right of County Central Committees to name candidates; must be known to be of same political faith.
56-36 Oct 15 ELECTIONS.
INSANE.
Absentee ballots to be printed thirty days before election.
Absentee ballots may be voted within thirty days of election.
Relatives may transport to hospital and receive pay.
56-36 Oct 19 DELINQUENT TAXES. Costs of printing.
57-36 Jan 7 COUNTY COURT. Judges of County Court cannot borrow money personally to pay unappropriated debts of county.
57-36 Jan 20 INDIGENT PERSONS.
RAILROADS.
PUBLIC SERVICE COMMISSION.
Consent of the Public Service Commission obtained, railroads may issue a special rate to indigent and destitute persons who are charges of the Missouri Relief Commission, and same would not be discriminatory or unlawful.
57-36 Jan 28 SPECIAL ROAD DISTRICTS. May spend bond money for purchase of machinery.
57-36 Jan 28 COUNTY COURTS.
OLD AGE ASSISTANCE.
Old Age Assistance Board is not entitled to compensation. County Court has no authority to make donations to them, but is not liable for making such donations if made in good faith under the belief they have authority to do so.
57-36 Mar 9 CIRCUIT CLERKS-CIRCUIT COURTS. Rule of Circuit Court receiving $10.00 filing fee in advance must not be arbitrarily enforced.
57-36 Aug 8 OFFICERS.
COUNTIES.
County must furnish and pay for reasonable office expenses of county officials.
57-36 Aug 27 ELECTIONS.
EXCEPTIONS.
Conviction for felony disqualifies voter until full pardon is granted. As to convicts under twenty or 18 years of age.
57-36 Aug 31 TAXATION: COUNTY COURTS. May correct erroneous description of land. May compromise taxes only as provided for in Section 9950 as amended.
57-36 Oct 10 SPECIAL ROAD DISTRICTS.
ROADS AND BRIDGES.
Special road district not liable for tort actions or if employee injured or killed while in line of duty.
57-36 Oct 15 SCHOOL FUNDS.
COUNTY COURTS.
Counties not permitted to borrow moneys from school funds. County Courts must loan school funds as provided by statute.
57-36 Dec 12 INSANE PERSONS. Notice and summons required of insane persons before judgment of insanity in County Court. Temporary incarceration of officer in insane asylum without notice or summons for hearing in County Court does not create vacancy in office of Sheriff.
58-36 Jan 2 BUILDING AND LOAN. Conversion of building and loan associations to Federal institutions. See our opinion dated March 17, 1934.
58-36 Jan 27 TAXATION. Property may be summarily seized and sold, by strictly following the statute, in payment of delinquent personal property taxes.
58-36 Feb 17 BUILDING & LOAN. By-law disapproved because it permits the loan of funds to members without the pledge of shares of stock.
58-36 Mar 13 OLD AGE PENSIONS. Members of Old Age Assistance Board only entitled to necessary expenses actually incurred, not to exceed for board and lodging the amount fixed by Old Age Assistance Division. Not to receive over five cents per mile for using their own car.
59-36 Jan 13 PHYSICIANS.
STATE BOARD OF HEALTH.
May institute proceedings to revoke license on complaint of any citizen. May institute proceedings upon information without complaint having been filed.
59-36 Jan 24 STATE BOARD OF HEALTH.
PHYSICIANS AND SURGEONS.
Procedure for revocation of license.
59-36 Jan 28 COUNTY BUDGET ACT. At close of fiscal year the county court may transfer surplus funds and pay accounts arising during the year under Sec. 12167, R.S. Mo. 1929.
59-36 Feb 10 HEALTH. Board of Health may require by rule Director of Cosmetology and Secretary to give surety bond before entering upon discharge of their duties.
59-36 Feb 29 BOARD OF HEALTH. State Board of Education proper State agency to receive Federal Funds for purpose of carrying out provisions of Article 1, Chapter 52, R. S. Mo. 1929.
59-36 Mar 12 AUTOMOBILES. The owner of the car is liable for damages to a hitch-hiker provided the hitch-hiker is not guilty of contributory negligence. The owner of a car owes a hitch-hiker the same degree of care as any other person, that is, the highest degree of care.
59-36 Mar 16 CHIROPRACTORS. May certify to death certificates.
59-36 Apr 17 COUNTY BUDGET ACT. It is the duty of county court in counties of 50,000 population or more to adopt the budget 10 days before January 1 of each year unless terms of any judges expire, in which event appropriation and final order shall be made on or before February 1.
59-36 Apr 27 GAMBLING. Tit-Tat-Toe Gum Vending Machines are Gambling Devices.
59-36 May 19 PHYSICIANS AND SURGEONS. Certificate of dean of reputable medical school that an applicant has met the requirement of said school and will be issued a diploma is sufficient to permit an applicant to take the examination for a license to practice medicine.
59-36 June 9 HOTELS.
TOURIST CAMPS.
Tourist Camps with ten or more guest rooms are to be inspected and licensed as hotels.
59-36 June 19 FOOD AND DRUGS. Whether coloring added to “orange drinks” altered such is question of fact, color added to “orange drinks” unless stated on container in which sold, is misbranded.
59-36 July 28 STATE BOARD OF HEALTH.
REGISTRATION OF BIRTHS AND DEATHS.
Local registrar cannot issue certified copies of birth and death certificates and charge therefor.
59-36 Sept 7 TAXATION. Redemption of delinquent property subsequent to the second tax sale.
59-36 Sept 11 COUNTIES.
CONTRACTS.
County Court cannot contract for a rock crusher when part payment must be made from the revenue of future years. If payment is contemplated out of revenue of year in which contract is made, same may be done without violating County Budget Act if sufficient funds remain in Classes 5 and 6 even though same was not included in the estimate for the fiscal year.
59-36 Nov 6 FEES.
FUNDS.
Fees received by Commissioner of Health from Federal Government for transcripts relating to births and deaths must be turned into the State treasury.
59-36 Nov 27 BOARD OF HEALTH. Legislature appropriated money for Trachoma Hospital at Rolla for salaries of employees for “Prevention of Blindness”; appropriation act unless supported by a statute is a nullity.
59-36 Dec 4 CORONER. Bond of Coroner should be filed in the Office of the County Clerk. Same can be recorded by the Recorder of Deeds.
59-36 Dec 23 SOCIAL SECURITY. Federal Act in relation to the Missouri Blind Pension Law.
61-36 Oct 10 ELECTIONS. Number of Judges to a Precinct.
62-36 Aug 17 TAXATION. Form of Collector’s Deed
62-36 Sept 23 STATUTE OF LIMITATIONS. If officer voluntarily pays shortage of five years, he cannot demand refund for two years for the amount of shortage of two years.
62-36 Nov 19 TAXATION. Approved form for county collector’s deed when grantee assignee.
63-36 Jan 17 BANKS AND BANKING. Banks have authority to pledge assets to secure loans for purpose of merger or consolidation.
63-36 Feb 8 BANKS AND BANKING. Unanimous consent of all stockholders, preferred and common, required of altered Articles of Agreement; Section 10, Article XII, Missouri Constitution; Laws of Mo. 1933, pp. 406-408.
63-36 Mar 4 EMPLOYMENT BUREAUS. County Court has no authority to issue warrant on county treasury for maintenance of the State Employment Bureau.
63-36 Apr 30 TOWNSHIP BOARDS. Roads and bridge money may be spent on W. P.A. projects in lieu of usual maintenance demands.
63-36 June 1 HIGHWAY PATROL. Concealed weapons subject to provisions of Section 4433 R.S. Mo. 1929, as a person.
63-36 Aug 6 COUNTIES.
TOWNSHIP BOARDS.
Township Board has no authority to borrow money except by issuing bonds pursuant to the statute.
63-36 Aug 18 MOTOR VEHICLES. Maximum gross weight that may be carried by truck with trailer attached is 48,000 pounds.
64-36 June 26 OFFICER’S QUALIFICATIONS.
MUNICIPALITIES.
Assessor not entitled to qualify if owing delinquent city taxes.
64-36 Sept 23 SCHOOLS. School of residence must pay excess over $50 of per pupil cost of its students attending high schools in other districts.
65-36 May 23 JURIES. Federal employees exempt from jury service when?
66-36 Jan 6 INHERITANCE TAX. Taxability of (a) life insurance; (b) Insurance trusts; (c) annuity contracts.
66-36 Feb 27 INHERITANCE TAX. Intangible property, including stocks, bonds, notes etc., physically located in the State of Missouri and owned by a foreign subject or by a non-resident domiciled in a foreign country, is subject to the inheritance tax laws of the State of Mo.
66-36 Mar 4 OLD AGE ASSISTANCE. 5% grant from Federal Government under Sec. 3a of Federal Act may be applied for administration expenses in the same proportion as funds applied in State Appropriation Act.
66-36 Aug 27 COLLECTORS. Allowance for deputy hire cannot be retained by collector.
66-36 Sept 18 COURTS.
INDUSTRIAL HOME FOR GIRLS.
Court may designate any woman to accompany a delinquent girl to State Industrial Home for Girls.
66-36 Oct 7 Hon. Richard R. Nacy WITHDRAWN
66-36 Dec 10 APPROPRIATIONS. Section 44a of Article IV of the Constitution constitutes appropriation for payment of interest on road bonds irrespective of legislative action.
67-36 May 29 Hon. Vincent D. Nicholson WITHDRAWN
67-36 July 30 CHATTEL MORTGAGES.
NOTICE.
Chattel mortgages on unplanted crops are equitable liens. If mortgagee is in possession, his rights are superior to third parties. (Cases distinguished.)
68-36 Feb 14 COUNTY CLERK. 8 questions relating to fees.
68-36 Feb 28 Letter to Hon. R.E. O’Malley
68-36 Mar 7 SCHOOLS. Expenditures for furnishing and repairing school building is for school purposes; taxpayer only has right to question levy for legality; and other questions.
68-36 Mar 23 Letter to Hon. R.E. O’Malley
68-36 Apr 9 BANKS AND BANKING. (1) A corporation has no other powers than such as are conferred on it by the sovereign creating it, or such as may be fairly implied from those expressly given;
(2) A bank incorporated in Missouri has no power to engage in the business of writing insurance;
(3) Trust companies incorporated under the laws of the State of Missouri may engage in the business of writing insurance as agent or as broker;
(4) Remedies.
68-36 Apr 20 INSURANCE. Letter to Hon. R.E. O’Malley
68-36 May 11 SCHOOLS. (1) Warrants may be issued only against the income and revenue of the current year, which includes back taxes which have no warrants against them.
(2) What constitutes income and revenue;
(3) Who can stop payment on warrants?
68-36 May 29 PENAL INSTITUTIONS. Void orders of a Court have no legal force in determining the place of imprisonment.
68-36 July 1 INSURANCE DEPARTMENT. Approval of Declaration and Articles of Association of Cooperative Casualty Co.
68-36 July 21 INSURANCE DEPARTMENT. Mutual Life Insurance Co. incorporation papers approved.
68-36 July 25 RESIDENCE. (1) Person’s residence is a matter of intention to be determined by such person’s acts and utterances;
(2) City of St. Louis cannot return persons requiring institutional care to alleged legal residence when such person has evidenced an intention by acts and utterances to become a resident of the City of St. Louis.
68-36 July 29 INSURANCE DEPARTMENT. Approval of Incorporation papers – Central Surety Fire Corporation.
68-36 Aug 13 Letter to Hon. R.E. O’Malley
68-36 Aug 14 INSURANCE. Joint stock companies doing business under Sec. 5793, R.S. Mo. 1929 may not issue participating policies.
68-36 Aug 21 PEDDLERS. 1. Whoever shall deal in the selling of goods, wares and merchandise and go about from place to place to sell same is a peddler.
2. Drivers of trucks used in the dealing and selling of goods, wares and merchandise shall be licensed as peddlers.
3. No 2 or more persons shall deal or sell goods etc. under same license.
68-36 Nov 28 SUPERINTENDENT OF INSURANCE. Fees of Referee as set forth in Section 5945, Laws of Mo. 1933, p. 65 are the only fees that can be allowed the Referee, and the statute cannot be waived.
68-36 Dec 16 SALARIES.
FEES.
COUNTY CLERKS.
County Clerks shall account for all fees except two, and only receive salary fixed by 1933 Act.
68-36 Dec 16 DEAD BODIES. Schools and colleges within this state now incorporated, or hereinafter incorporated, teaching descriptive anatomy are entitled to receive dead bodies when complying with the provisions of Article 3, of Chapter 53, of R.S. Mo. 1929.
68-36 Dec 31 APPOINTMENTS. What constitutes a new appointment within the meaning of Section 9636 R.S. Mo. 1929.
69-36 Mar 18 GOVERNOR. Cannot offer reward under Sec. 3589, R.S. Mo. 1929 unless some person be charged with a felony or convicted of a felony and flee from justice.
69-36 Mar 25 SURVEYORS.
COUNTY OFFICERS.
Removal from county no disqualification for office under Section 11571, R.S. 1929.
69-36 Apr 20 COUNTY SUPERINTENDENT OF SCHOOLS.
TEACHERS’ EXAMINATION FEES.
Blanks and records to be supplied by whom; Budget of County Supt – how it can be spent. For what fees are to be used.
69-36 Dec 16 CORONERS.
DEAD BODIES.
Coroners are required, whenever they have in their custody the body of a deceased person to be buried at public expense, to communicate with the secretary of the Anatomical Board for disposition of said body.
70-36 Jan 30 TAXATION. Payment of costs of printing delinquent lists.
70-36 Mar 6 COUNTY CLERK.
COUNTY WARRANTS.
Fee of 25 cents allowed to county clerk under Sec. 9955, Laws of Mo. 1933, p. 436, is an accountable fee. Under Sec. 9911, R.S. Mo. 1929 warrants of current year may be accepted in payment of beer and liquor licenses.
70-36 Mar 10 SALES TAX. Receipts from operation of school bus not subject to tax; Funds derived from service charges to members of a mutual telephone company are subject to tax.
70-36 Mar 17 COUNTY COURTS. Contingent liability is not a debt within the meaning of the constitutional inhibition against county indebtedness. County Court may contract same regardless of constitutional provision.
70-36 Dec 17 TAXATION. Owner of undivided interest may redeem entire tract from sale.
71-36 Apr 7 Approval of Articles of Association of the Group Hospital Service Inc.
71-36 Aug 19 COUNTY COURT. County Court may purchase certificates of purchase on delinquent tax lands if it desires to take that means of purchasing property for the use and benefit of the county.
71-36 Oct 2 CRIMINAL LAW. A judgment and sentence cannot be modified or changed after a term of court has adjourned – only recourse for boy under 17 years of age receiving sentence to penitentiary or Algoa Farms is pardon, parole, reprieve or commutation by the Governor or by writ of habeas corpus.
71-36 Oct 23 CITIES.
HIGHWAYS.
Special road and bridge funds may be spent by county within cities under certain conditions but cities not entitled to require it.
71-36 Nov 30 COUNTY COURTS. Not authorized to levy more than 40 cents for county purposes, as provided by the Constitution, absent a vote of the people.
72-36 Apr 6 SPECIAL ROAD DISTRICTS. May demand taxes derived from property within district immediately after formation is completed, but cannot receive taxes for fiscal year prior to formation.
72-36 Aug 22 CITIES.
SPECIAL ELECTIONS.
Cities of fourth class shall fill vacancy in elective offices by special election, by giving at least 10 days’ notice thereof by publication in some newspaper published in city, or at least 20 handbills posted up at as many public places within city.
72-36 Oct 20 Mr. George Priest WITHDRAWN
72-36 Nov 30 ADMINISTRATION. Title passes to widow on order of Probate Court refusing letters of administration, and she is authorized thereby to sue.
72-36 Dec 29 ELECTIONS. Fees: Messenger entitled to 5 cents mile round trip in delivering election returns to Secretary of State.
73-36 Apr 14 PROSECUTING ATTORNEYS. May retain as own fees provided in Section 7887, R. S. Mo. 1929, in addition to salary.
73-36 May 28 COUNTY SURVEYOR. County surveyor may only charge persons for whom he makes surveys the legal fees specified in Section 11803, R.S. Mo. 1929.
74-36 Mar 9 SHERIFFS.
PEACE OFFICERS.
Liable personally on official bond for negligence in performing duty.
75-36 Jan 2 SALE OF DELINQUENT PROPERTY. When surplus exists from sale of land for taxes, Collector may pay same to person legally entitled thereto; if two parties claim same, collector shall pay it to the County Treasury and county court may determine claims and pay to proper person any time within 20 years.
75-36 Feb 21 DENTAL BOARD. Application and fee for reinstatement of certificate of registration.
75-36 July 24 Mr. T. C. Richards WITHDRAWN
75-36 Sept 3 DRAINAGE DISTRICTS.
TAXATION.
(1) Lien for drainage district taxes does not become extinguished until deed is delivered;
(2) Purchaser of land conveyed under Sec. 9957a, Laws of Mo. 1933, p. 438, does not acquire title free from future levy of drainage district taxes because of unused and unlevied benefits;
(3) Drainage district may redeem land sold for delinquent state or county taxes to protect their interest Sec. 10766, R. S. 1929.
76-36 Feb 18 TAXATION. Maximum penalty interest collectible on delinquent personal and real estate taxes.
76-36 Mar 11 SHERIFFS. Sheriff’s mileage fee for taking committed prisoner from one place to another within Clay County.
76-36 Mar 20 COUNTY FINANCIAL STATEMENT.
TAXATION.
It is mandatory on county court to print the annual financial statement. It is duty of county court to pay a newspaper not to exceed $1.00 for each description printed for sales of delinquent lands unless there is a printed contract.
76-36 June 8 RECORDER. Duty and method of recording “Waiver of Priority Mortgage”, not operating as a full release of mortgage.
76-36 Sept 17 RESETTLEMENT ADMINISTRATION. Soil Conservation: Linn Co. Soil Conservation Association may incorporate under Secs. 12676-12705 by complying with terms of said statutes and then engage in production and distribution of agricultural lime stone.
76-36 Nov 11 BONDS. Deputy constable forbidden to sign official bond as surety.
76-36 Dec 16 PROSECUTING ATTORNEY’S SALARY.
SALARIES.
DECLARATORY JUDGEMENT ACT CONSIDERED.
Salary and judgment for salary not binding where no notice given to an adverse party.
77-36 Jan 3 TAXATION. Tax sale under execution to highest bidder—costs to be first paid.
77-36 Feb 5 BLIND PERSONS. Missouri Commission for the Blind cannot expend money, for removal of physical ailments preparatory to eye operations, from its appropriations.
77-36 June 9 ELECTIONS.
PRIMARY.
Not necessary to print ballots for Socialist and Socialist Labor parties in City of St. Louis, where there are no contests; having cast less than 5% at last election for Governor.
77-36 Oct 16 SALE OF DELINQUENT LANDS. Provisions of Sec. 9952b, Laws of Mo. 1935, p. 403 are mandatory.
78-36 Jan 17 COUNTY TREASURER. Cannot claim commission on school funds as provided in Sect. 9266, R.S. 1929 if funds of consolidated school district are paid direct to the treasurer of the district as provided in Sec. 9340, R.S. 1929.
78-36 Jan 20 PENAL INSTITUTIONS. Imprisonment pursuant to the jury’s verdict for robbery by means of a deadly weapon is not legally increased under the provisions of section 4428 R. S. Mo. 1929.
78-36 Mar 17 STATE BARBER BOARD. Payment of $2.00 per year entitles barber to annual license.
78-36 Aug 13 ELECTIONS. Party cannot become an independent candidate for sheriff without complying with Section 10241, R.S. 1929.
78-36 Aug 26 ELECTIONS. Interpretation of Section 10241, Revised Statutes Missouri 1929.
78-36 Sept 17 OFFICERS.
SOLDIERS.
The personal and real property of members of the R. O. T. C. is subject to taxation in this State.
79-36 Jan 22 PUBLIC OFFICERS. County Surveyor cannot hold office of County Administrator of W. P. A.
79-36 Sept 17 SALES TAX. Sales made by stationery store of St. Louis University not subject to taxation.
81-36 May 11 MORTGAGES AND DEEDS OF TRUST. If securing a series of over $100,000, may be released without production or notes under Section 3083, Laws. Mo. 1933, p. 194.
81-36 July 24 RECORDER. In cities of 600,000 inhabitants or more, and in adjoining counties, the recorder shall identify and stamp notes or bonds secured if lien is intended to be created on real estate.
81-36 Aug 19 COUNTY WARRANTS. Under County Budget Act counties can protest warrants.
83-36 Jan 2 TAXATION. Surplus of proceeds of tax sale to be paid only after order of County Court.
83-36 Jan 6 FEES.
COMPENSATION.
CIRCUIT JUDGES.
Per diem compensation of Circuit Judges when trying cases in another Circuit.
83-36 Jan 17 BARBER BOARD. Undesirables can be eliminated from the profession by health and sanitation rules promulgated by the Board.
83-36 Jan 17 Hon. Forrest Smith WITHDRAWN
83-36 Jan 18 STATE BOARD OF ACCOUNTANCY. Subject to the terms of Sec. 1 Laws of Mo. 1933, p. 416, relating to boards, bureaus and commissions paying all fees into the State Treasury.
83-36 Jan 20 SHERIFF FEES. Not entitled to $1.25 per day for prisoners committed to jail upon default of bond to await preliminary.
83-36 Feb 10 MOTOR VEHICLE LAW-CRIMES. Crime of operating a motor vehicle in a reckless manner.
83-36 Feb 11 ROADS & BRIDGES. Special Road Districts has exclusive supervision over roads within its district, to the exclusion of the county highway engineer; tools and machinery belonging to special road district also excludes right of supervision of county highway engineer.
83-36 Mar 27 APPROPRIATIONS. $1680 of Appropriation Act of 1935 to State Service Officer invalid and void because of conflict with Sec. 4 of Act creating office of State Service Officer (Laws of Mo. 1931, p. 263)
83-36 Mar 28 BOARD OF FUND COMMISSIONERS.
PUBLIC SCHOOL FUND.
Not authorized to invest public school fund.
To be invested at direction of State Board of Education.
83-36 Mar 28 Hon. Forrest Smith WITHDRAWN
83-36 Apr 2 APPROPRIATIONS. Claim filed by St. Louis Training School for Feeble-minded cannot be allowed by the Board of Eleemosynary Institutions and audited by the State Auditor.
83-36 Apr 21 OLD AGE PENSION. Accrued assistance due an old age pensioner at the time of his death, to whom paid.
83-36 Apr 24 PROSECUTING ATTORNEY. Prosecuting attorney allowed reimbursement for necessary stenographic and clerical help from County, in reasonable and necessary amounts.
83-36 Apr 29 SUPERINTENDENT OF SCHOOLS, COUNTY.
SCHOOLS.
Expenses for telephone of County Superintendent of Schools not payable out of funds under Section 9475.
83-36 Apr 30 CRIMINAL COSTS. When defendant is insolvent and continuance is granted at his instance and defendant is later acquitted, the State is liable for costs; when state receives continuance at its cost and defendant is convicted and unable to pay costs, State is only liable for costs incurred by it.
83-36 May 11 TAXATION.
COUNTIES.
Property owned by a county located in another county is exempt from taxation.
83-36 May 27 SCHOOLS. A school district may lawfully enter into a contract with another district to transport its pupils and pay the difference between what the State actually pays and the amount stated in Section 16a, Laws Mo. 1935, p. 352.
83-36 June 11 INHERITANCE TAX. An inheritance tax may be assessed even though the property be subject to escheat.
83-36 June 15 CITIES OF THE FOURTH CLASS. Collector elected to fill vacancy holds office for full period of vacancy.
83-36 June 16 LIQUOR CONTROL ACT.
APPROPRIATIONS.
State liquor stamps cannot be paid for out of money appropriated to the Liquor Department for general operating expenses.
83-36 July 15 CITIES.
SALES TAX.
Cities of third class cannot pass sales tax act by ordinance. Cities of third class can enact ordinance placing license for occupation tax on businesses, according to the volume of business carried on.
83-36 Aug 6 COUNTY TREASURER.
OFFICERS.
Not entitled to commission of not exceeding one per cent under Section 2904, R. S. 1929, for Funding Bonds.
83-36 Sept 23 WORKMEN’S COMPENSATION INSURANCE. State and other political subdivision may accept provisions of this chapter for the purpose of complying with requirements of the Resettlement Administration.
83-36 Nov 14 TAXATION.
BOND.
Bond of County Treasurers, ex-officio county collectors. County Collectors.
83-36 Dec 14 SHERIFF’S FEES.
MILEAGE FEES.
Fees received by sheriff for mileage must be accounted for under Section 11828, R. S. 1929. Sections 11791, 11792, 11793, 11828 and 8357, R. S. 1929, construed as to “mileage.”
84-36 July 31 ELECTIONS. Voters may take sample ballots to election booths.
84-36 Aug 25 SCHOOLS. All applicants for a third grade certificate must present evidence of having completed four years of high school work or its equivalent.
85-36 Jan 16 MOTOR VEHICLES. A motor vehicle used to transport other motor vehicles would have to be registered and have license plates designed and provided for “commercial motor vehicles” as defined.
85-36 May 14 COUNTY COLLECTORS. Taxes locally assessed against electric power and light company to be included in the matter of taxes locally assessed, for the purpose of determining collector’s commission.
85-36 Oct 9 TITLE. 1. Officers and members of the Missouri State Highway Patrol are civil officers.
2. Regimental adjutants permanently on military duty and drawing regular salaries from the state are not entitled to draw additional compensation for attendance at regimental schools.
85-36 Dec 31 COUNTY BUDGET ACT. County Treasurer can meet December, 1936, accounts if he has the money on hand.
86-36 Jan 24 GAMBLING DEVICES. Who has right to money in seized slot machines?
86-36 Jan 29 MOTOR VEHICLES. State employees and employees of counties and municipalities not required to register as “chauffeurs” defined by Section 7759, R. S. 1929.
86-36 Jan 29 HIGHWAY DEPARTMENT.
LEVEES.
Sections 10991 and 11014, R. S. 1929, have reference to State built levees. Prosecutions for government built levees under Federal law.
86-36 Feb 11 OUSTER PROCEEDINGS. Civil procedure applies to service of summons.
86-36 Mar 4 MONOPOLIES.
CORPORATIONS.
Any contract, agreement or arrangement made with intent to create or maintain a monopoly, contrary to the provisions of Chapter 47, R. S. 1929.
86-36 Apr 14 CITIES. Cities of the fourth class have a right to issue bonds for the purpose of building a municipal auditorium when the assent of two-thirds of the legal voters of such city voting at an election held for that purpose have assented thereto.
86-36 July 2 BOARD OF TRUSTEES. Woman may qualify as a member of the Board of Trustees of the Confederate Home of Missouri.
86-36 July 28 ELECTIONS. Power to pass on right of person elected to State House of Representatives to be seated therein.
86-36 Sept 17 CIRCUIT CLERK.
RECORDER OF DEEDS.
Salary determined by Sec. 11786, Laws 1933, p. 369. Population of Marion County, even though it contains Court of Common Pleas, in which there is a Clerk, is determined by the entire population of the County.
Compensation is amount of fees as set forth in Sec. 11804, R.S. Mo. 1929 and the limitation of the amount of fees he may retain is Sec. 11828, R.S. Mo. 1929.
87-36 Dec 16 Hon. O. R. Sutton WITHDRAWN
88-36 Oct 1 ELECTION. Publication of general election notice in two newspapers in each county.
89-36 Jan 9 RECORDER’S FEES. Circuit Clerk and Ex-officio Recorder shall pay excess fees quarterly to county treasurer.
89-36 May 8 HIGHWAY. Abutting owner can build drain along unused part of highway.
89-36 July 6 It is the duty of the State Old Age Assistance Board to obtain as much benefit as possible from the Federal Government and not to pay retroactive claims.
89-36 Sept 28 NEPOTISM. Public officer receiving personal service from daughter does not violate Section 13, Article XIV, where daughter is not appointed to an official position.
89-36 Oct 17 DRAINAGE DISTRICTS.
TAXATION.
County Court without authority to abate penalties.
County Court without authority to abate drainage tax penalties.
89-36 Dec 10 OLD AGE ASSISTANCE.
COUNTY COURTS.
County Courts do not have authority to contribute to the support of an association of Old Age Assistance Boards.
93-36 Sept 24 ELECTIONS. Judges of election should be selected or approved by entire central county committee.
94-36 Jan 23 COUNTY COURT. Cannot make gift to deputy sheriff injured in line of duty.
94-36 Mar 5 COUNTY WARRANTS. (1) County officer is not permitted to buy or speculate in county warrants of any class.
(2) County officer is entitled to interest on county warrant from date of presentation to date of payment;
(3) County officer cannot have warrants issued to him, protested to himself and mail his check or cash to state hospital;
(4) Accounts for patients in state hospitals are paid by warrants made out to treasurer of hospital.
94-36 Mar 10 TAXATION. Right of possession and rent to redemption period.
94-36 Sept 25 OFFICERS. A person holding a civil office may also at the same time hold a military office within this State, and receive compensation from the State from both offices.
95-36 Mar 26 CIRCUIT CLERK. Entitled to change of venue fees from other counties in addition to salary, same being non-accountable fees.
95-36 Sept 4 COLLECTORS.
COUNTY COURTS.
Collector is required to advertise land for sale for collection of delinquent taxes, and County Court cannot legally justify failure to do so.
97-36 Jan 2 OFFICIAL BONDS. Members of the State Tax Commission required to give bond in the amount of $10,000 and payment for premium for a surety one cannot be paid out of appropriations to Tax Commission for operation.
97-36 Feb 1 Hon. F. D. Wilkins WITHDRAWN
97-36 Mar 6 CITIES THIRD CLASS. Persons who are in arrears for unpaid city taxes at the time the polls closed on election day are ineligible to hold office.
97-36 May 21 Hon. Amos Wight WITHDRAWN
97-36 May 28 ELECTIONS. A person might file a declaration for committeeman or committeewoman and a further declaration for public office.
97-36 June 18 COUNTY BUDGET ACT. County Treasurer is liable on his bond under Sec. 8 of Act if warrants are paid out contrary to terms of Act, but is not liable if warrant is regular and he has no knowledge of fraud in connection therewith; City of third class may use excess funds without an election for the repairing of a sewer.
97-36 July 17 TAXATION.
ASSESSMENT.
Personal property assessable in name of administrator where owner died after first of June and before assessment.
97-36 July 28 INTOXICATING LIQUOR. City may not prohibit sale of intoxicating liquor within a distance greater than 300 feet of a school or church.
97-36 Aug 18 TAXATION. Merchant pays ad valorem tax on the highest amount of property owned, possessed or controlled from March until June.
97-36 Sept 21 ASSESSORS. Not entitled to charge for list of each stockholder in a bank, but can charge for only one bank list.
97-36 Oct 31 Hon. Charles P. Williams WITHDRAWN
97-36 Dec 16 TOWNSHIP ORGANIZATION.
TAXATION.
POLL TAXES.
Re levying of poll taxes in counties under township organization.
99-36 Feb 17 SHERIFFS. Sheriff can succeed himself in office when?
99-36 Feb 18 COUNTY SUPERINTENDENT OF SCHOOLS. It is the duty of the county superintendent of schools to investigate school loans; said investigation being for the purpose of ascertaining if the county court complies with the statutes in loaning school moneys.
99-36 Feb 20 COUNTY BUDGET ACT. Contracts arising in counties of more than 50,000 to be paid out of special road and bridge levy fund are required to be advertised or notices published under Sec. 19, Laws of Mo. 1933, p. 350 if amount is more than $500.00.
99-36 May 19 CORONERS. Not eligible to said office for over four years continuously in any period of time.
100-36 June 12 PRIMARY ELECTIONS. Candidate who has paid filing fee to Treasurer of Central Committee and filed timely declaration is entitled to have his name printed on the official ballot, but Treasurer of Central Committee should transfer fee to County Treasurer.
100-36 Aug 28 SPECIAL ROAD DISTRICT. Prosecuting Attorney is not required to represent special road districts.