1937 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-37 Apr 23 CITIES OF THE FIRST CLASS.
OFFICERS.
Vacancy in City Council, how filled, and reorganization pursuant to vacancy.
1-37 Apr 28 Mr. H.D. Allison WITHDRAWN
1-37 June 1 BUILDING & LOAN. Consent of Supervisor necessary in order to mature stock; a plan of maturing certificates which exacts a contribution from shareholders is legal if no advantage or disadvantage is taken of other shareholders.
1-37 June 24 SCHOOLS. The School District is not liable for damages in case of personal injuries sustained by persons in the building.
1-37 Aug 16 ELECTIONS. Laws should be construed to give effect to legislative intent as expressed in the whole legislative Act.
2-37 May 12 ASSESSORS. Assessments in a county or city of the third class must conform in value.
3-37 Feb 25 MOTOR VEHICLES. Reciprocity or comity between states is recognized by Section 7768, R. S. Mo. 1929, as it relates to licenses of motor vehicles.
3-37 Mar 12 OFFICERS.
SHERIFFS.
EXECUTIONS.
Incoming sheriff may complete sale of property under execution where outgoing sheriff has levied but not completed sale.
3-37 June 8 CONSOLIDATED SCHOOL DISTRICTS. Back taxes collected after disorganization of consolidated school district should go to the original districts or to the districts formed in proportion to the area, assessment and the amount paid in by each district, or same may be settled by an interplea by each district for the amount contended for.
3-37 Dec 14 COUNTY COURT.
DEPUTY COUNTY CLERK.
Does not have to assign its reasons in the record for its refusal to approve the County Clerk’s appointment of a deputy county clerk.
4-37 Mar 2 CIRCUIT CLERKS. Circuit clerks are entitled to fees earned although not collected during the year for which they are earned, but collected in subsequent years, for one year’s service.
4-37 June 14 DOG RACES.
POOL MAKING.
American Animal Auction—Violation of Section 4286.
4-37 July 2 COUNTY BUDGET LAW. Surplus revenue of a subsequent year may be applied to a deficit of a prior year, but surplus revenue of a prior year may not be applied to a subsequent year’s obligations while obligations of a year prior to the year for which there is a surplus are outstanding.
5-37 Feb 3 Hon. Latney Barnes WITHDRAWN
5-37 Mar 1 COUNTY BUDGET ACT. 1. Any surplus remaining at close of fiscal year may be used to pay outstanding valid county warrants for previous years.
2. Warrants should be paid according to registration.
3. Section 14 of County Budget Act applies to counties of more than 50,000 population.
5-37 Mar 25 COUNTY BUDGET ACT. Warrants in Class 6 may be used for taking care of a deficit in Class 4.
5-37 Nov 2 COUNTY BUDGET ACT. The juvenile clerk can receive compensation during 1937 only from surplus funds from the other classes; the circuit clerk cannot withhold fees to compensate him as juvenile clerk.
5-37 Nov 16 TAXATION.
SALES TAX.
Investigations and hearings by Auditor compelling production of books and papers. State Auditor in holding investigations and hearings may summon witnesses and require production of any books, papers or records of anyone having evidence needed in such hearing.
5-37 Dec 17 LIQUOR. When and where anyone may sell intoxicating liquor in original package not to be consumed on premises.
6-37 Jan 6 INDICTMENT & INFORMATION. Counts for felony and misdemeanor may not be joined.
6-37 June 28 POISON.
PROSECUTING ATTORNEYS.
Prosecuting Attorneys are authorized to inspect poison register books.
6-37 July 23 BOARD OF ELECTION COMMISSIONERS.
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 450.
Present board of election commissioners has no authority to carry out provisions of House Bill No. 450, prior to effective date.
8-37 Mar 16 SHERIFF.
CONSTABLE.
Power to execute state warrants.
8-37 Oct 26 DEPOSITORIES.
COUNTY DEPOSITORIES.
BANKS & BANKING.
Personal depository bond may be cancelled, by compliance with depository pledging assets in conformity with Laws of Mo. 1937.
9-37 Aug 5 STATE PURCHASING AGENT. Has jurisdiction over purchases of raw material for the Department of Industries of the State Prison.
9-37 Aug 12 STATE PURCHASING AGENT. Purchases of the University Co-operative Store of Columbia, Missouri, not within jurisdiction of State Purchasing Act of 1933.
9-37 Oct 5 PURCHASED AGENT ACT.
APPROPRIATION ACT.
Construction of Section 48-A, House Bill 509. Cannot include general legislation.
9-37 Oct 6 COUNTY CLERKS. Deputy Clerks’ pay in Nodaway County.
9-37 Oct 18 STATE PURCHASING AGENT.
CONSERVATION COMMISSION.
The State Purchasing Agent should purchase the supplies for the State Conservation Commission, except he has no authority to lease or purchase land for it.
9-37 Dec 20 STATE CONSERVATION COMMISSION.
PRINTING.
The printing on behalf of the State Conservation Commission should be procured through the State Printing Commission.
10-37 Mar 10 INTOXICATING LIQUOR. No provisions licensing persons for sale of intoxicating liquor and beer on boats or vessels.
10-37 Apr 15 SCHOOLS. A school district situated in two or more counties or townships shall deposit bonds voted with the county or township in which schoolhouse is situated.
10-37 Apr 26 SCHOOLS. Directors in consolidated School districts shall fill vacancy in accordance with Sec. 9290 R. S. Mo. 1929, when one candidate is elected and other candidates tie in votes, where two are to be elected.
10-37 May 24 CITIES OF THE FOURTH CLASS. Board of Aldermen may pass motions or resolutions when a majority of the quorum of the Board concur.
11-37 Feb 10 Hon. Chas. D. Brandom WITHDRAWN
11-37 Apr 29 Hon. F. M. Brady WITHDRAWN
11-37 June 28 COUNTY BUDGET ACT.
ROADS AND BRIDGES.
1. County Court cannot use funds of the county to build bridges in special road districts.
2. No funds budgeted under class 3 can be used for the repair, upkeep or building of bridges in special road districts.
11-37 Aug 10 TOWNSHIP ORGANIZATION.
TOWNSHIP TRUSTEE.
FEE & COMPENSATION.
Township Trustee entitled to 2% on first one thousand dollars and 1% on remainder.
11-37 Sept 15 CONTAGIOUS.
DISEASES.
Liability of City of the Fourth Class. Section 9025, 1933 Session Acts, does not shift such liability to the county in which such city may be located.
11-37 Oct 6 ASSESSORS. Compensation for taking list and entering in assessment book of stock in banks.
11-37 Nov 22 Hon. F. M. Brady WITHDRAWN
12-37 Feb 4 CRIMES AND PUNISHMENTS. A prosecution under Section 4143, R. S. Mo. 1929, must show a willful and malicious intention to destroy landmarks.
12-37 May 25 CREDIT UNIONS. Powers of Commissioner of Securities.
12-37 Aug 5 TRADE NAMES. Secretary of State, Section 12449 may register brands on milk bottles or cans in the name of the assignee.
12-37 Sept 1 PENAL INSTITUTIONS. Hopeless incorrigibles who disrupt the system and government of the State Industrial school may be returned to the sentencing court’s jurisdiction for other orders.
12-37 Oct 6 CHAUFFEURS AND REGISTERED OPERATORS LICENSES. Section 5, p. 372 of the Motor Vehicle Law of the Session Acts of 1937 must be followed in lieu of Sections 7765 and 7766 of the 1929 statutes, in the issuance of licenses to school bus and common carrier drivers.
12-37 Oct 12 TAXATION.
SALES TAX-ONLY STATE PENAL INSTITUTIONS EXEMPT.
Only Penal Institutions supported by funds appropriated out of State Treasury exempt from provisions of the 2% Sales Tax Act.
12-37 Oct 18 PENAL INSTITUTIONS. Idiots and insane inmates in the State Industrial School for girls may be returned to the sentencing court’s jurisdiction and delivered to the sheriff for sanity proceedings.
13-37 Jan 14 RAILROADS.
ASSESSORS.
Distributable property assessed by State Tax Commission; non-distributable property is local property and is assessed by the county assessor.
13-37 Mar 9 COUNTY COURT. Franklin County Court has authority to convey tract of land for Memorial site to City of Union, Missouri.
13-37 June 29 GAME AND FISH DEPARTMENT. Fees earned by the Commissioner before July 1, 1937, should be placed in the Game Protection Fund. Bills and accounts made prior to July 1st should be paid from the Game Protection Fund.
13-37 July 9 STATE PARKS. Control and management of state parks, where vested.
13-37 Sept 3 GAMBLING.
LOTTERY.
Bingo and corn games constitute gambling.
13-37 Nov 13 COUNTY COLLECTOR.
SALARIES AND FEES.
Increases in compensation, if any, given County Collectors by 1933 laws may be retained by them even after the taking away of additional duties as ex officio treasurers.
14-37 Aug 28 COUNTY BUDGET ACT. County court must use surplus funds of the year 1935 after all classes of the budget act have been properly cared for, for the purpose of paying outstanding warrants of previous years.
14-37 Oct 2 TAXATION—COSTS. Taxes more than five years delinquent may be deducted from criminal cost fees.
15-37 Nov 3 COUNTY BUDGET ACT. County treasurer should preserve priority payment according to classes. Not necessary to retain funds in any one class to the detriment of other classes in advance of the time payments are due if the priority can be preserved; not necessary for County Treasurer to determine amount of salary court reporter should receive under Sec. 11720; County Treasurer incurs no liability under Sec. 8 of County Budget Act if warrant is legal on its face and comes within the terms of the Act.
16-37 Feb 24 CRIMINAL LAW. (1) A person discharged by justice on preliminary examination for felony may be brought before another justice in the county and another preliminary held. (2) A person may be committed to the School for Feeble Minded whether under or over age.
16-37 Mar 17 MOTOR VEHICLE FUEL TAX. Right of State Inspector to disregard corporate fiction in refusing to grant application for dealer’s license.
16-37 Apr 20 GENERAL ASSEMBLY. If a bill is reconsidered and is again voted upon and defeated the subject is finally disposed of, under Section 35, Article 4, of the Constitution of Missouri.
16-37 Apr 28 TAXATION. Coal or other minerals in place subject to taxation as real estate, and when owned separately from surface estate must be separately assessed. Assessor should assess omitted property for all years it was omitted. County Board of Equalization can only assess omitted property for current year.
16-37 May 13 FISH AND GAME. It is possible to charge a crime under Section 8265, Revised Statutes Missouri, 1929.
16-37 July 9 Hon. Richard Chamier WITHDRAWN
16-37 Oct 4 LOTTERIES. Cleo Colo Bottle Caps.
16-37 Oct 14 NEWSPAPERS. Officers under Section 13774, R. S. 1929, are not compelled to accept bids from newspapers, but may accept bids in the interest of efficiency and economy and not violate any statute.
17-37 Jan 25 CITIES. Under special Charter, Legislature cannot amend a charter of a city under special charter, but enactment of a law uniformly to apply to all cities under special charter permitting the levying and collecting of taxes.
17-37 May 10 INHERITANCE TAX. 1) A step child considered a stranger in blood.
2) A half-brother entitled to some exemptions as a brother of the whole blood.
17-37 July 27 SALES TAX.
COUNTIES.
LIABILITY FOR TAX FOR PURCHASES.
Counties not liable for sales tax for purchases for institutions for indigent poor.
18-37 Feb 15 INHERITANCE TAX. I. Probate Court not entitled to Appraiser’s fee.
II. Nephews of an intestate decedent entitled to exemption of $500.00 each.
18-37 May 12 ELECTIONS.
BRIBERY.
Re prosecution for bribing voter in city election.
18-37 June 11 SCHOOLS. Voters may dispose of property not needed for school purposes, or the Board of Directors may sell a schoolhouse or site by providing a new schoolhouse and site.
18-37 Oct 20 NEWSPAPERS. Must be published in a regular, continuous and unbroken established mode for three years before legal notices are valid.
19-37 Nov 16 SOCIAL SECURITY. Social Security Act does not repeal, expressly or impliedly, the Act creating Social Welfare Boards in counties having a city or cities of the first class.
20-37 Jan 11 Hon. Brevator R. Creech WITHDRAWN
20-37 Jan 14 ROADS AND BRIDGES.
SPECIAL BENEFIT ROAD DISTRICTS.
May contribute district funds to purchase of right-of-way within the district of roads, but may not do so outside of the district.
20-37 Mar 22 LABOR. Commissioner of Labor can prosecute proprietor or owner of gasoline filling station under Section 13218, Revised Statutes Missouri 1929, for failure to pay inspection fee.
20-37 Apr 7 USURY. Construction of Criminal Statute on Usury.
20-37 May 14 BUREAU OF LABOR. Under Section 13210 R. S. Mo. 1929, beauty shops are not included therein.
20-37 Sept 10 PRIVATE ROADS. County court may not issue warrant to the officer of the court directing him to build fence under Section 7850, R. S. Missouri, 1929.
21-37 Jan 29 Mr. T. W. Davis WITHDRAWN
21-37 Mar 10 LOTTERIES. Theatre scheme similar to “Bank Night”.
21-37 June 14 SCHOOLS. Bond given by Treasurer of a consolidated school district cannot be paid by school district.
21-37 Sept 4 SCHOOLS. What constitutes a quorum of the School Board. What notice of meeting necessary.
22-37 Feb 3 COUNTY COURTS. 1. An order of the county court exonerating county officials under an audit, from charges of fraud and embezzlement and stating the officers are not liable for any shortage is not an estoppal or res adjudicate which prevents actions if it is found such officers actually are indebted to the county court.
2. Sec. 11816 must be followed in the event the county officers owe money to the county.
3. Sec. 12165, Laws Mo. 1933, p. 356 contains amount allowed county clerk or other person designated to prepare financial statement.
22-37 Oct 21 CORONERS. Inquest not to be held on Sunday. Fee for multiple death in one casualty is $5.00.
23-37 Mar 13 OFFICERS. Need not be a taxpayer to hold the office of alderman in a city of the fourth class.
23-37 Apr 8 CRIMINAL COSTS. Neither State nor County liable for payment of costs where persons charged with felony have been discharged by Justice of the Peace or any other officers taking their examination.
23-37 Oct 11 MOTOR VEHICLE.
DRIVER’S LICENSE.
C.C.C. enrollees driving government trucks do not have to have state driver’s licenses.
23-37 Dec 16 COUNTY.
TAXATION AND REVENUE.
(1) The question of whether property owned by the county is subject to execution is a question of fact in view of Section 1161, R. S. 1929.
County Treasurer may make partial payment on warrant “next in line for payment” provided he can give proper credit and adjust his own records.
23-37 Dec 17 POOL AND BILLARD TABLES. Persons, voluntary associations or incorporated bodies must obtain a license to keep and operate.
24-37 Mar 1 CHATTEL MORTGAGES. Chattel mortgages that have been filed and not recorded may be subsequently withdrawn and duly recorded, according to law.
24-37 Mar 4 SHERIFF. Entitled to a fee of five cents for “calling any actions” only when there is a cause actually pending before a court of record in which there is a party plaintiff and party defendant.
24-37 Mar 12 INHERITANCE TAX. (1) Missouri Road Bonds subject to inheritance taxation in Missouri.
(2) United States Treasury Bonds subject to inheritance taxation in Missouri.
(3) War Risk Insurance not subject to inheritance taxation in Missouri.
24-37 May 21 COUNTY COLLECTORS. Collectors cannot retain twenty-five per cent increase under Section 9935a, Laws of Mo. 1935, by reason of Section 8, Article XIV, Missouri Constitution.
24-37 Aug 11 DEPUTY AND ASSISTANT CIRCUIT CLERKS. Their appointment and salaries under House Bill No. 177.
24-37 Dec 20 COUNTY COURTS. Shall not, under Section 5, Class 3, estimate expenses to be less than last preceding even year in even years; likewise relates to odd years.
25-37 June 17 FOOD AND DRUGS. The Food and Drug Commissioner cannot collect inspection fee on carbonic gas.
25-37 Oct 25 TAXATION. City collector shall sell land for delinquent taxes of cities of the third class at court house door of the county.
25-37 Dec 17 PROBATE COURTS. Right to compel claimant to give security for costs.
26-37 Apr 21 LEGISLATURE. The Legislature has a right to pass a law which will become effective two years in the future.
26-37 June 21 BOARD OF PHARMACY. May exercise its sound discretion as to whether applicant has passed a “satisfactory examination.”
26-37 July 20 ELECTIONS. C.S. for House Bill 234, repeals provisions of Article 17, Chapter 61, R.S. 1929, in so far as it applies to cities of 600,000 or more, and the judges and clerks appointed under said article and chapter are without office.
26-37 Oct 4 TAXATION. Distribution of proceeds from sale under Senate Bill No. 94, 1933 Session Acts, where the amount received is less that the total amount of tax, penalties, interest and costs.
26-37 Oct 23 JUSTICE OF THE PEACE. Public officer, who having in his possession public funds for which he has refused to make settlement, may not hold his office under reelection until he shall have made full settlement of such funds.
27-37 Jan 26 INSURANCE. Northeast Missouri State Teachers College has authority to buy insurance for its protection and to pay for the same out of the incidental funds which are not appropriated by the Legislature.
27-37 Feb 9 COUNTY BUDGET ACT. (1) Only insane persons in state hospitals can be estimated under Class I, unless the insane person be committed to the state sanatorium at Mt. Vernon.
(2) Funds for purchasing right-of-ways and materials on WPA labor and state highways should be estimated in Class 5.
27-37 June 12 MUNICIPAL CORPORATIONS.
COUNTIES.
When taxes may be levied for relief purposes and disbursed by relief offices.
27-37 Aug 31 TAXATION & REVENUE. Procedure of collector at second and third offering for sale. Collector of City of St. Louis may not subdivide state, city and school tax and enforce them independently.
27-37 Sept 24 SCHOOLS. Members of school board employing themselves to render service or labor for a school district and receive compensation for same, violate the public policy of the State.
27-37 Nov 10 SALES TAX.
CHARITABLE INSTITUTIONS.
EDUCATION INSTITUTIONS.
EXEMPTION.
Profit plan, in which deficits, if any, are paid by gifts from benevolent persons, and which receives all students applying, whether able to pay for such instruction or not, comes within class of public charitable institution and is exempt from provisions of 2% Sales Tax Act.
27-37 Nov 13 NEWSPAPERS. When county is liable for the costs of printing election notices.
27-37 Nov 23 COUNTY COURT. County Court has power and authority to redistrict county into two districts for County Court Judicial Districts.
27-37 Dec 15 SCHOOLS.
SCHOOL BOARDS.
SPECIAL ELECTIONS.
School Board may not call meeting for special election without petition being presented signed by a majority of qualified voters of the District.
28-37 Apr 9 FEES. Receipts derived from an insurance policy by State Teachers College may be used to restore or build a building, and it is not necessary that the same be deposited with the State Treasurer.
28-37 Dec 4 SHERIFF.
OFFICERS.
May file complaints on Sunday. May not hold a prisoner more than twenty hours without complaint being filed and warrant issued.
29-37 Sept 2 APPROPRIATION.
CANCER COMMISSION.
Term “operation,” as used in the appropriation act, authorizes expenditures of preliminary expenses.
30-37 Jan 30 DEPOSITORIES.
BANKS & BANKING.
Banks may pledge their assets to secure public funds where authorized by statute. Depositories of county, cities of 3d Class, township, school districts & levee and drainage district discussed.
30-37 Aug 27 County court cannot, by order, voluntarily apply salaries and fees due county officials to the payment of delinquent taxes, on personal or real estate, which they may owe.
30-37 Oct 7 CHIROPRACTIC. Qualifications for license.
31-37 June 3 OFFICERS.
COMPENSATION.
Express provision for allowance of pay for words and figures does not permit the counting of punctuation marks and ditto marks.
31-37 Dec 29 GAMBLING.
PRIVATE CLUBS.
Section 4287 R. S. Mo. 1929 and other gambling laws apply to private clubs. Applicable to criminal law.
32-37 Apr 16 BOARD OF PHARMACY. Board of Pharmacy may make rules and regulations not inconsistent with the provisions of the law, so as to determine one’s qualifications for a license as a pharmacist or assistant pharmacist.
33-37 Oct 7 COUNTY TREASUER.
BONDS: SURETY PREMIUM PAID OUT OF CLASSES 5 AND 6 UNDER BUDGET ACT.
Premium on surety bond may be paid by county if officer elects to give same, and county court approves.
34-37 Jan 14 BOARD OF HEALTH PHYSICIANS AND SURGEONS. Persons licensed in foreign states are not permitted to come within this state and conduct examinations without first having applied for and received license to practice medicine and surgery within this state.
34-37 Jan 15 STATE BOARD OF HEALTH. Board has authority to employ and fix compensation of employees and if a person renders service by virtue of such employment such person is entitled to back pay.
34-37 June 21 BOARD OF HEALTH. Right to disclose results of examinations.
34-37 Sept 3 PHYSICIANS. Board of Health may not admit applicant for registration by reciprocity who does not comply with statute and rules of board, as long as said rule remains in force.
34-37 Nov 17 TAXATION.
SALES TAX.
RELIGIOUS INSTITUTIONS.
Missouri Baptist General Association exempted from provisions of the two per cent sales tax act.
34-37 Nov 24 STATE BOARD OF HEALTH. Certificates to practice cosmetology and hairdressing may be signed by any of the well-known methods of impressing a name on paper by another at the direction of the persons required to sign such certificates.
35-37 Jan 26 INHERITANCE TAX. Taxability of moneys received as damages under Federal Employers’ Liability Act.
35-37 Feb 10 PROSECUTING ATTORNEYS. In interest of justice the Prosecuting Attorneys may proceed to prosecute by way of information, even when indictment be pending.
35-37 Mar 23 CORPORATIONS. Officer liable criminally for violation of state law where officer participates in such violation or has prior knowledge thereof.
35-37 Mar 29 CHIROPRACTIC. A person graduating prior to 1927 may take examination, if such, the time, completed the standard course instruction of three years of six months each.
35-37 Apr 1 MOTOR VEHICLES. The value of a motor vehicle stolen is not to be considered in determining the sentence of the one convicted of having stolen such motor vehicle.
35-37 Apr 6 TAXATION & REVENUE. County Court need not readopt each year method theretofore adopted as to collection of revenue under Section 9787 R. S. 1929.
35-37 May 4 COUNTY COLLECTOR. Rate of per cent for collection of taxes.
35-37 June 15 PROSECUTING ATTORNEY. Eligibility to appoint as probation officers in counties less than 20,000.
35-37 June 18 ESCHEATS. When payment may be made out of Escheats Fund.
35-37 June 22 TAXES. House Bill No. 70, providing for the remission of taxes applies to personal and real taxes not reduced to judgment.
35-37 Aug 3 RATES.
MOTOR CARRIERS.
JOINT SERVICE.
Circumstances under which two carriers combining permitted routes are guilty of usurping unpermitted through routing.
35-37 Aug 24 COUNTY BUDGET ACT.
HOUSE BILL 177.
CIRCUIT CLERKS.
Shall only receive additional compensation out of excess which exists in any class at the close of the fiscal year; the transfer of the fund can be made under the authority of Sections 12167 and 12168, R. S. Mo. 1929.
35-37 Sept 23 TAXATION.
SALES TAX.
The Robinson Clinic, Inc. not exempt from the provisions of the 2% Sales Tax Act.
35-37 Oct 16 COUNTY COLLECTOR. Is entitled to be reimbursed by county court for postage expended during term if not barred by five year statute of limitations.
35-37 Dec 17 PUBLIC ADVERTISEMENTS.
PROBATE COURT.
Publisher’s Affidavit in records of Probate Court and Affidavit of Publication must not differ materially in form and must meet the requirements of Section 13775, Laws of Mo. 1937, p. 432.
37-37 May 8 MUNICIPALITIES. Cities of the fourth class are prohibited from issuing warrants in excess of the amount on hand in the treasury, by Section 7015, R. S. 1929. A warrant so issued is void.
37-37 June 22 TAXATION. House Bill No. 70 is applicable to taxes levied for drainage or levee purposes.
37-37 July 10 UNEMPLOYMENT COMPENSATION ACT. Emergency clause Constitutional.
37-37 July 21 PAROLE BOARD. Rights to enter into compact with other states.
37-37 July 26 CASEY BILL. Constitutionality – emergency clause.
37-37 Oct 15 PENAL INSTITUTIONS. Governor’s power to pardon and parole.
37-37 Nov 15 PROBATE JUDGE. Fee received for solemnizing marriages to be accounted for in annual settlement.
37-37 Nov 20 CRIMINAL LAW. “Arson” as distinguished from willful burning property.
38-37 Jan 16 COUNTY COLLECTOR. Must carry out the duties of county treasurer on and after January 1, 1937 and shall receive no additional compensation, in counties of less than 40,000 population.
38-37 July 16 SOCIAL SECURITY COMMISSION. Construction of Sec. 10 – Moneys received from other sources.
38-37 July 27 SOCIAL SECURITY COMMISSION. Refunds and recoveries received by commission to be deposited in State Treasury to credit of General Revenue Fund.
38-37 July 27 SOCIAL SECURITY.
LEGISLATURE.
Appropriation for Child Welfare in House Bill No. 500 was mistake, and is a nullity.
38-37 July 28 APPROPRIATION ACTS. Construction of Sections 53a and 53b of H.B. 509.
38-37 Aug 2 SOCIAL SECURITY COMMISSION. Definition of “elective officer” as it is used in Section 9, C.S.S.B. 125.
38-37 Aug 4 STATE AUDITOR. Duty to audit claims against Relief, Child Welfare and Administration fund, created in the Casey Bill.
38-37 Aug 6 CONTRACTS. Senate Bill No. 182 has no application to existing contracts and those heretofore let.
38-37 Sept 23 COUNTY TREASURER.
SALARY.
BOND.
Compensation to be allowed him and separate bond required of him as custodian and disburser of moneys of (1) schools; (2) Levee Districts under county court organization; and (3) Drainage Districts under county court organization.
38-37 Nov 30 STATE SOCIAL SECURITY COMMISSION. Benefits accruing to an individual entitled thereto under the provisions of the act, after the date which the commission has determined such benefits shall be due and payable, and the individual dies, such benefits shall be administered as estates of other deceased persons.
38-37 Dec 16 TAXATION AND REVENUE.
ASSESSORS.
Assessor’s compensation due payable upon completion of assessment and proper certification thereof.
39-37 Mar 22 INHERITANCE TAX. (1) When interest and penalties may be abated.
(2) Taxation of the interest of partner in partnership property.
39-37 May 22 CHILDREN. Powers and duties of Superintendent of State Children’s Home, and Juvenile Courts, with respect to commitment of children to State Children’s Home.
39-37 Aug 4 PROSECUTING ATTORNEYS.
SHERIFFS.
When said officers may be appointed to act as Probation Officer.
41-37 Jan 11 Nine questions regarding primary and general election laws of Missouri.
41-37 June 9 TAXATION. Collection of taxes under House Bill 26.
41-37 July 29 COSTS.
PROBATE COURTS.
Collectability of costs assessed against estates containing insufficient assets for their payment.
41-37 Nov 1 OFFICERS. County Officers not entitled to salary increase during the official term pursuant to the new legislation purporting to increase salaries.
41-37 Dec 11 COUNTY BUDGET ACT. The question as to who is the person keeping the principal financial records of the county and who is to be deemed the “Accounting officer” is a question of fact. The officer appointed “accounting officer” is not entitled to any additional compensation.
41-37 Dec 20 Mr. Maurice Hoffman WITHDRAWN
42-37 Apr 3 COUNTY JUDGES.
COMPENSATION.
Duty to repay money received as compensation in excess of that authorized by law.
42-37 Aug 27 TITLE. Jurisdiction of Police Judge of city of third class, acting as ex-officio justice of the peace, as to crimes and misdemeanors is over only such offenses as may be committed within the city limits.
43-37 June 3 PRISON BOARD. Wrecking of buildings housing prison industries in order that new ones may be erected by the State Building Commission does not violate statutes relating to operation of prison industries.
43-37 Aug 6 SALES TAX.
TAXATION.
COLLEGES AND EXEMPTIONS.
Educational institutions, principally supported by religious organizations, or by gifts or charities, are exempt from provisions of the 2% Sales Tax Act of 1937.
43-37 Aug 24 COUNTY COURTS. (1) When erroneous disbursement of funds from road bonds made by the township board may be ratified and confirmed by the county court.
(2) Proceeds of road bond issue may be legally expended for purchase of suitable equipment.
43-37 Aug 30 PARDON AND PAROLE. Present board may investigate and make recommendations on each application for clemency, now pending before them, irrespective of release date, if done before new act is effective.
44-37 Sept 2 SCHOOL. Eligibility of applicants – Missouri School for the Deaf.
45-37 Jan 28 INSANE PERSONS. It is necessary to the validity of the court order committing an insane person to an asylum that said order show notice and that the same recite the alleged insane person appeared in person or by attorney.
45-37 Feb 11 FEES. The Sheriff or Constable, serving warrant of commitment is entitled to the $1.00 fee for committing a prisoner to jail.
45-37 Mar 31 ELEEMOSYNARY BOARD. Person committed to insane institutions by the Judge of the Circuit Court under Section 8657, R.S. 1929, relating to insanity as a defense under a criminal charge, may be discharged by the Superintendent of the Hospital in the manner as provided in Section 8629, R.S. 1929.
45-37 May 3 ROADS AND BRIDGES. Commissioners of Special Road Districts cannot act as road overseers or employ themselves and receive compensation for the same in the Special Road District.
45-37 May 14 COUNTY BUDGET ACT. Sec. 2, page 341, Laws of Mo. 1933, not applicable to St. Louis County. County Budget Act takes precedence over all statutes when there is a conflict. County Court has power to transfer within the same fund any unencumbered appropriation balance. Second paragraph of Section 14 is unconstitutional.
45-37 June 10 DEPOSITORIES.
ELEEMOSYNARY BOARD.
Depositories must be selected in the statutory manner, notwithstanding no interest payable after August 23, 1937, under Federal law and regulations.
45-37 June 11 GOVERNOR.
BILL.
The Governor must return Bill presented to him where Legislature finally adjourns within ten days after such presentation.
45-37 Aug 23 PURCHASING AGENT.
STATE.
May acquire land in the name of State of Missouri to the use and benefit of the Board of Managers of the Eleemosynary Institutions.
45-37 Aug 31 EASEMENTS. Board of Managers of Eleemosynary Institutions cannot convey an easement without an act of the General Assembly authorizing same.
45-37 Oct 13 INSANE PERSONS. Procedure and action under Sections 8644 to 8648, Laws of Mo. 1937, p. 510, are to be strictly construed. Procedure outlined.
45-37 Dec 1 ELEEMOSYNARY INSTITUTIONS.
FUNDS.
Transfer of funds at end of biennium in accordance with the Laws of Missouri 1933, Section 1, page 415.
46-37 Mar 4 Hon. R. L. Jones WITHDRAWN
46-37 Mar 16 SCHOOLS. May not enact rules compelling the attendance of students at religious exercises.
46-37 Oct 5 COUNTY TREASURER.
BONDS.
County Court may pay for surety bond if Treasurer elects to give same and Court consents thereto. Treasurer must give separate bonds for school moneys and county funds in statutory amounts.
46-37 Dec 28 INSANE. Prosecuting attorneys of the county containing a population of less than one hundred thousand cannot be appointed by the county court to represent insane persons in an insanity hearing.
47-37 Aug 23 DRAINAGE DISTRICT. County and township ex-officio collectors’ compensation for collecting current and delinquent taxes.
47-37 Sept 8 ROADS AND BRIDGES. Special Road Districts organized under Article 9, Chapter 42, R. S. Missouri 1929, may purchase right-of-way and convey same to state for highway purposes.
47-37 Sept 10 ROADS. County may establish or widen public roads in excess of thirty feet.
47-37 Nov 9 CIRCUIT CLERK. Entitled to a fee of 75 cents for writ directed to sheriff for summoning petit jury for regular term of circuit court.
48-37 Jan 21 AMENDMENT NO. 4 FISH AND GAME. The Legislature may pass such laws as it may deem proper in aid of but not inconsistent with the provisions of Amendment No. 4.
48-37 Mar 9 BURIAL ASSOCIATIONS. Legislature may enact law prohibiting payment of death benefits in anything other than cash under police power.
48-37 Apr 13 CHATTEL MORTGAGES.
RECORDER OF DEEDS.
Instrument affecting title to real estate and personal property need not be filed in a separate book for the filing of chattel mortgages where such instruments have been duly recorded in a book as conveyances of land, but should index in a book used for indexing and filing all chattel mortgages, upon request of mortgagee or grantee.
48-37 July 23 Mr. J. E. Kelley WITHDRAWN
49-37 Jan 6 Hon. Lloyd W. King WITHDRAWN
49-37 Jan 8 MERCHANTS. Persons preparing and serving meals in a dining room in connection with a hotel are not merchants.
49-37 Feb 11 SCHOOLS. A new building may be erected on present site and not violate Sec. 9330, R. S. 1929. Words “addition” and “Supplemental” defined; notice to voters should be full enough to apprise them of the exact purpose for which the building is being erected.
49-37 May 24 PROPOSED SALES TAX ACT. Senate Amendment No. 7 to Senate Committee Substitute for House Committee Substitute of House Bill No. 7, prohibits cities from passing a sales tax act; does not prevent cities from passing other forms of excise tax now in force or hereafter enacted.
49-37 June 14 SCHOOLS. Change of boundary lines of school districts gives to the new school district all school property located therein.
49-37 June 15 MISSOURI DENTAL BOARD. Present Members Remain in Office Until October 16, 1940.
49-37 Sept 24 STATE BOARD OF HEALTH. No school of Cosmetology, Hairdressing or Manicuring may be operated in this State without obtaining a certificate of registration.
49-37 Dec 17 FEES.
PROBATE COURT.
Fees of probate judge up to the filing of inventory.
51-37 Jan 5 HIGHWAYS. Salary may be paid from bond issue, absent bond provisions to the contrary, but township board cannot, directly or indirectly, employ president thereof as supervisor.
51-37 Mar 1 COUNTY TREASURER. In counties having township organization when the treasurer-elect dies before qualifying for the office in April the person holding the office will continue to hold same until the next general election for electing a treasurer in said counties.
51-37 Mar 17 CONSTABLES. Fee entitled for attending elections.
51-37 July 20 Miss Laura Layher, R.N. WITHDRAWN
51-37 Aug 30 PROSECUTING ATTORNEYS.
EXPENSES.
SALES TAX COLLECTIONS
Expenses of the Prosecuting Attorneys in collection of sales tax not payable out of State funds.
51-37 Oct 8 Hon. Charles F. Lamkin, Jr. WITHDRAWN
51-37 Nov 9 ANIMALS. Free stock range. Interpretation of Section 12778, Revised Statutes Missouri 1929.
51-37 Nov 22 Hon. Leon B. Lake, D.O. WITHDRAWN
51-37 Dec 16 CRIMINAL COSTS. County must pay costs where defendant has been sentenced to a county jail sentence or by fine even when paroled.
52-37 Sept 13 COUNTY CLERK.
FINANCIAL STATEMENT.
Can only receive compensation for making one copy of statement for the publisher.
53-37 Jan 7 INSURANCE.
FIRE.
SCHOOL DISTRICT.
District may insure in non-assessable reciprocal insurance.
53-37 Mar 8 DEFINITION OF A BONA FIDE TAXPAYER.
53-37 Mar 9 TAXPAYER. Eligibility to hold public office.
53-37 Apr 23 TAXATION. Cities of the fourth class are given power to enforce collection of personal taxes by Sec. 6995, R. S. Mo. 1929.
54-37 Jan 14 SALARIES AND FEES.
CIRCUIT CLERKS.
County Court is authorized to fix the number and compensation of deputies to the Circuit Clerk, and the Clerk must abide thereby.
54-37 Feb 24 OFFICERS.
COUNTY COURTS.
Where no restrictive words are used in the statute providing for the holding over of an officer, such person holds over until his successor is duly appointed and qualified. The policy of selecting an individual by the court to any office within the county should be left to the discretion of the court.
54-37 June 8 SCHOOLS. The erection of a second story on present school building is not a “repair” so as to require only majority vote of qualified voters, but must be given two-thirds majority by voters.
54-37 July 13 LOTTERIES. “Annie-Oakley” Machines
54-37 Sept 18 TAX ON DOGS. Construction Section 12874b, House Bill 149, 1937 Session Acts. Penalty on dogs running at large without payment of taxes not amended by House Bill 140.
54-37 Oct 18 COUNTY CLERK. Deputies and Assistants. Method of Salary.
54-37 Dec 8 TAXATION. (1) Co-tenants may redeem undivided interest in real estate or redeem entire interest and hold as trustee for the other co-tenant the interest such co-tenant formerly owned.
(2) Mortgagee may, within statutory period, redeem from stranger purchasing certificate at tax sale. Record owner may within statutory period, redeem from mortgagee.
55-37 May 26 SCHOOLS. An estimate may be withdrawn and another substituted if done before the first estimate has been acted upon.
56-37 Jan 15 CRIMES. Escaping jail. Aiding prisoner to escape.
56-37 Feb 10 FALSE PRETENSES.
FIVE DAYS NOTICE.
INSUFFICIENT FUND CHECKS.
Five day notice statute, 4306 R. S. mo. 1929, applies to misdemeanors covered by 4305, and not to felonies covered by Section 4304.
56-37 Feb 25 COOPERATIVES. Under Article 29 of Chapter 87, R. S. Mo. 1929, must be organized primarily for agriculture.
56-37 Apr 6 APPEALS. From Justice Court to Circuit Court—Case to be tried De Novo.
56-37 June 4 BOND ELECTION. Voters residing in a special road district which includes a part of a township may vote on bonds for township road purposes.
56-37 July 16 CO-OPERATIVE ASSNS. Definition of words. Mercantile business or Co-operative plan.
56-37 Sept 3 GAMBLING. Shooting gallery.
56-37 Oct 1 PRACTICE OF LAW. Before State Boards; Blue Sky Commissioner, etc.
56-37 Oct 13 SECURITIES ACT. Bond of dealer and salesmen.
57-37 Feb 4 SHERIFFS. Liability of sheriff and sureties for embezzlement, and method of proceeding against same, particularly as to escheats. Time when breach of bond occurs where more than one sheriff involved.
57-37 Mar 30 TAXATION & REVENUE. Power and authority of county court to compromise with tax attorneys in suits against railroad companies.
57-37 May 25 COUNTY TREASURER. Not entitled to fees for drawing warrant for school fund loans.
57-37 July 19 CREAM STANDARDS. Section 12406 fixes minimum standards for various grades of cream.
57-37 Aug 5 AGRICULTURE. Fees under Section 12635, R. S. Mo. 1929, to be deposited in the State Treasury; no authority to pay U. S. Department of Agriculture any part of said fees.
57-37 Aug 9 AGRICULTURE. Shipping point inspection. Cooperation with Department of Agriculture.
57-37 Sept 24 “CHANGE OF VENUE” IN CRIMINAL CASE BY STATE.
PROSECUTING ATTORNEY.
State may ask for substitution of Judge in criminal case.
Prosecuting Attorney not required to deposit $10 docket fee for substitution of Judge.
57-37 Nov 23 CITIES. Cities of the third class operating under an alternative form of government shall elect a Mayor and Council at the regular biennial municipal election.
57-37 Nov 30 TAXATION.
SALE FOR TAXES.
COLLECTOR AND DEPUTY.
RIGHT TO PURCHASE.
Collector or his deputy prohibited from purchasing land sold for delinquent taxes.
57-37 Dec 16 SEED LAW. Construction of Section 12609-b, Laws of Missouri 1937.
57-37 Dec 18 MOTOR VEHICLES. Attempted sale of motor vehicle without transfer of certificate of title is a crime, subjecting both buyer and seller to prosecution.
57-37 Dec 20 FEES.
COUNTY CLERKS.
County clerk accountable to State Auditor for the fees earned for use of seal in witnessing signatures for Warehouse License.
58-37 Mar 11 BUILDING & LOAN. Supervisor must fix maximum for board and lodging; examiners exempt from provisions of the statute and are allowed maintenance while at headquarters if given to them by supervisor.
58-37 Apr 29 BUILDING & LOAN. Supervisor may not give a copy of annual examination of building and loan associations to anyone other than the Governor.
58-37 June 3 BUILDING AND LOAN ASSOCIATIONS. To segregate assets of an association it is not necessary to have a temporary receivership; supervisor may dismiss the temporary receivership proceeding; intervening shareholders would have right to protect their property only when the supervisor is engaged in wrongful acts or is guilty of fraud or collusion. Several methods proposed for obtaining voice of shareholders as to management of the associations. Permanent receivership cannot be dismissed by supervisor.
58-37 June 14 BUILDING AND LOAN. If by-laws provide, free shares of stock may be accepted for real estate only.
58-37 July 6 BUILDING AND LOAN. Associations with sufficient funds must pay members withdrawing; persons who buy stock with note which is non-participating are not members; persons who collect rents and sell land for Associations are employees and must give bond.
58-37 July 21 BUILDING AND LOAN. Contingent fund required by Section 5602 may be designated as the Federal Insurance Reserve Account.
58-37 Aug 27 BUILDING & LOAN. Semi-annual report if not published by September 6, 1937, does not have to be published.
58-37 Aug 28 BUILDING AND LOAN. Administrators, Executors, Guardians, and Curators are not included in term “trustees of trust funds” in Laws of 1937 page 508.
58-37 Sept 10 SHERIFFS. Deputies may not be paid a salary of $50.00 per month out of county funds, by order of the county court, directly nor indirectly in Sullivan County.
58-37 Sept 23 SALARIES AND FEES.
COUNTY COURTS.
Where the County Clerk performs services that are not officially his duty, the County Court is authorized to pay him therefor if the services so performed are reasonably necessary county duties.
59-37 Jan 7 SOCIAL SECURITY.
UNEMPLOYMENT INSURANCE.
(1) Moneys paid by employers under a State unemployment insurance law are not necessarily “state funds” within the meaning of Art. IV, Sec. 43, Const. of Mo.
(2) Such mandatory payment is not violative of the “due process” clause, and if a tax is for a public purpose.
59-37 Jan 26 COUNTY BUDGET ACT. The money contracted by the county for lease on road machinery during the year 1936 must be paid out of the revenue of the year 1936.
59-37 Feb 4 JUSTICE COURTS. Constable or justice as custodian of monies paid in connection with the litigation.
59-37 Aug 24 TAXATION AND REVENUE. Under Section 9787 R. S. Mo. 1929, the county court can compel the assessor to carry out the provisions of said section and may use its own discretion concerning compensation.
60-37 Jan 11 COUNTY BUDGET ACT. County Clerk incurs no liability by issuing warrants out of the 1937 revenue for 1936 expenditures, provided such warrants do not violate the priorities of the classes in section 2 of the County Budget Act. Warrants are invalid which are issued from the 1937 revenue for 1936 expenditures.
60-37 June 5 SOLDIERS’ BONUSES. Applications filed before December 31, 1936, payable immediately.
60-37 Oct 19 MOTOR VEHICLES. Sale of defaced or altered serial number on automobile tires.
60-37 Oct 26 BONUS MONEY. Mother of soldier is entitled to soldiers’ bonus, when.
62-37 Jan 18 COUNTY BUDGET ACT. Funds for purchasing road machinery cannot be taken from Class 3 under Budget Act.
62-37 Jan 20 CIRCUIT CLERKS AND RECORDERS. Quarterly report to be filed with County Clerk.
62-37 Mar 9 COUNTY CLERK. Not required or authorized to extend city or town taxes in tax books for state and county purposes.
62-37 June 14 INSANITY INQUISITION.
PAUPER OATH.
Cost of same may be paid by county court if a person is declared insane and his estate is insufficient to pay cost. It is within discretion of court to allow a person to twice file and prosecute same suit as a poor person when first suit was dismissed.
62-37 Aug 6 SCHOOLS. Property of railroads and similar utilities: Method of ascertaining the assessment next before the last assessment and the valuation of distributable property of utilities in a school district as being a basis for a school bond issue.
62-37 Aug 9 SHERIFF’S FEES.
CRIMINAL COSTS.
County where proceedings originally instituted liable for costs for transportation of prisoner on account of insufficiency of county jail.
62-37 Aug 27 APPROPRIATION. Approval by the Governor of appropriation bill makes funds immediately available.
62-37 Dec 2 DOG TAX. Section 12881, R. S. Mo. 1929, providing for a local option dog tax is not affected by House Bill No. 140, 1937 Session Acts of Missouri.
63-37 Feb 8 CORPORATIONS. Small loan companies not permitted to contract a charge for attorney fees and collection costs when making loans.
63-37 Feb 12 SMALL LOAN ACT.
BANKS & BANKING.
Authorization for insurance plan for “Small Loan Companies” not approved. Sec. 5556, R. S. 1929, discussed.
63-37 Mar 22 INSANE PAUPERS. County liable for support.
63-37 June 9 BANK.
BANKING.
Records and files in possession of Commissioner of Finance for defunct banks, open for inspection of examiners of Federal Deposit Insurance Corporation.
63-37 June 15 SCHOOLS. Board of Directors cannot do indirectly what it is prohibited from doing directly.
63-37 Dec 6 DEPOSITORIES.
COUNTY DEPOSITORY.
BANKS & BANKING.
Duty of County Court to select county depositories which will pledge its securities to protect the county funds. County Court should select depositories outside county if none in county will pledge assets.
63-37 Dec 15 COUNTY COLLECTOR. Cannot collect partial payment of State, County and School taxes.
64-37 Jan 20 COUNTY COLLECTORS AND COUNTY ASSESSORS. Entitled to stationery Record Books, Printed Receipts and Stamps from County Treasury.
64-37 Apr 28 ROADS AND BRIDGES.
FUNDS.
If bonds are voted for road purposes such is put in a “road construction fund” and can be used for no other purpose whatever; moneys raised from taxes go into special fund to pay for bonds and interest and surplus may be disbursed by county court as it deems wise.
64-37 May 21 TAXATION. County collector not required to determine legal question of status of redemptioner.
64-37 May 28 TAXATION. When a landowner gives a license to a person to search and segregate minerals, the property right is taxable against the landowner.
64-37 June 8 MUNICIPAL CORPORATIONS. Record necessary to incorporate cities of the fourth class.
64-37 June 21 ASSESSORS. Compensation in counties containing less than 40,000.
65-37 Jan 22 RECORDER OF DEEDS. Fee must be paid or tendered to recorder before instrument entitled to record; Recorder not liable on his bond for neglect unless fee is paid or tendered.
65-37 Feb 27 CRIMINAL COSTS. Prosecuting Attorney not personally liable for costs in felonies and misdemeanors.
65-37 May 10 PEDDLERS.
LICENSE.
Merchant who takes merchandise from one farm sale to another to sell at auction must have peddler’s license.
65-37 June 5 TAXATION. Initial Proceedings under Senate Bill 94 constitute first advertisement of sale.
65-37 June 17 COUNTY DEPOSITARIES. Length of time funds may be held under Section 12188, R. S. Missouri, 1929.
65-37 July 15 UNEMPLOYMENT COMPENSATION COMMISSION. Subject to Purchasing Agent Act, Printing Commission, etc.
65-37 July 16 UNEMPLOYMENT COMPENSATION COMMISSION. Authorized to bond employees.
65-37 Sept 22 TAXATION AND REVENUE. A person selling at wholesale at a particular place is a merchant and must comply with Article 17, Chapter 59, R. S. Mo. 1929.
65-37 Nov 8 INTOXICATING LIQUOR.
BOND.
Prosecuting Attorney may bring suit on liquor bond to recover fine adjudged against license.
67-37 Apr 19 Hon. Vincent D. Nicholson WITHDRAWN
68-37 Jan 7 Mr. Anthony A. O’Hallaron
68-37 Jan 14 SCHOOLS. Interest received from school loans cannot be reinvested but must be apportioned to school districts; county court cannot take second mortgages for security; property should be foreclosed in the event of default of interest payments with the exception that security may be taken in order to secure interest payments if the facts warrant such.
68-37 Mar 24 INSURANCE. Amendment to Articles of Incorporation of Missouri Casualty Company approved.
68-37 Apr 16 INSURANCE. Amendment to Declaration of State National Life Insurance Company valid.
68-37 July 19 INSURANCE. Approval of Documents – Utilities Insurance Company.
68-37 Aug 21 Hon. Edwin C. Orr WITHDRAWN
68-37 Sept 16 PROSECUTING ATTORNEY. Is entitled to recover stenographic hire and the county court can pay the same from any surplus funds or out of Class 6, providing the prosecuting attorney has complied with the terms of the Budget Act in compiling estimate.
68-37 Oct 11 COUNTY COURTS. Authorized, by order, to pay real estate commission for sale of lands repossessed by purchase under Section 9256, 1929 statutes, if they deem such order best for the interest of said school district or districts. Commission must be paid from the funds of such school district or districts.
68-37 Oct 14 INQUESTS AND CORONERS.
CRIMINAL COSTS.
Cost incurred in inquest to be paid by county.
69-37 Aug 23 STATE BOARD OF HEALTH.
CITY OF ST. LOUIS.
The Health Commissioner of the City of St. Louis is without authority to promulgate a rule requiring that the dead bodies of deceased persons must be embalmed before removal from said city.
69-37 Sept 10 STATE BOARD OF HEALTH. All applications for licenses to deal in narcotic drugs must be passed upon by the State Board of Health. Public officers and others constituting a governmental board accept office in view of additional burdens being placed upon them.
69-37 Oct 21 STATE BOARD OF HEALTH. Persons included within the term “persons on Relief” as used in Sec. 9060, Laws 1937, p. 356 as relates to fees of registrar.
70-37 Apr 19 MUNICIPALITIES. Not subject to inspection as provided in Section 13120 R. S. 1929.
70-37 Apr 29 TOWNSHIPS. Township Clerks not entitled to receive a fee on account which may be filed in his office, which is to be laid before the township board for allowance.
70-37 June 7 JURY COMMISSIONERS, IN COUNTIES FROM 400,000 TO 800,000 INHABITANTS.
SALARY & COMPENSATION.
Jury commissioners entitled to have salary restored under Senate Bill No. 12.
70-37 July 17 TAXATION. Collector can refund penalties paid by taxpayers under House Bill No. 70 after effective date of said Bill.
70-37 Aug 26 ASSISTANT COUNTY HIGHWAY ENGINEER. Should be paid out of Class 4 of the county budget.
70-37 Sept 1 TAXATION. Section 9951 Laws of Missouri 1933, page 428, relating to sale of property for delinquent taxes is applicable to Jackson County, Missouri.
70-37 Oct 7 SPECIAL ROAD DISTRICTS. Funds of a special road district, when the district comprises territory in two or more counties, may be used in any part of the district regardless of mileage or amount of funds derived from any county.
70-37 Oct 23 Hon. Tom Phelps WITHDRAWN
71-37 Feb 24 Mr. Russell N. Pickett WITHDRAWN
71-37 Apr 26 SCHOOLS. School house may not be sold until another house is provided.
71-37 Oct 11 SHERIFF. Is entitled only to ten cents a mile as mileage when he takes two patients to a State Hospital.
71-37 Dec 14 COUNTY CLERK. Under the statutes is entitled to retain only $1700.00 per annum for himself. On failure to pay maximum amount deputies or assistants may receive under the statute, Clerk cannot retain difference for himself.
73-37 Feb 17 WATERS.
BOUNDARIES.
STATES.
State lines, as well as other lines bounded by a river change with the gradual changing or the course of the river, but do not change if the change is sudden and by avulsion.
73-37 Apr 2 Hon. Virgil L. Rathbun WITHDRAWN
74-37 Mar 23 LOTTERIES. Hollywood and similar theatre schemes.
74-37 Sept 7 AMENDMENT NUMBER FOUR.
CONSERVATION COMMISSION.
Has power both by Amendment Number Four and Section 8211, R. S. 1929, to confer honorary commissions on persons and require such persons to enter into a reasonable bond.
75-37 July 23 DENTISTS. Contents of window and door plate notices.
75-37 Sept 6 Mr. John L. Rice WITHDRAWN
76-37 Jan 13 FICTITIOUS NAME. Use of fictitious name as a violation of criminal law.
76-37 Jan 25 COUNTY CLERK. Compensation of County Clerk and Deputies in Osage County and how paid.
76-37 Jan 29 COLLECTORS.
BONDS.
Drainage district bonds are payable in the order of their presentation, absent showing that the taxing power has been exhausted.
76-37 Feb 16 SCHOOLS. School fund provided for by Sections 6 and 7 of Article XI of the Constitution, cannot be used for any purpose other than support of free public schools and the State University.
76-37 Mar 31 ANIMALS. Under Section 12862, R. S. Mo. 1929, a person has the authority to kill dogs in the act of maiming or seizing hogs. He does not have authority to kill the dogs on the premises of the owner of the dogs.
76-37 Oct 19 COUNTY DEPOSITORIES.
SECURITIES-COLLATERAL.
Securities as set forth in Section 11469-Laws of 1937, page 521, eligible to secure county deposits. Farm mortgages not proper collateral to secure county deposits.
76-37 Oct 19 PROSECUTING ATTORNEY.
RECORDS ALL DESTROYED IN CRIMINAL CASE.
WHAT ACTION TAKEN.
Where all records of conviction and sentence destroyed, prosecuting attorney should renew prosecution.
76-37 Oct 30 SUPERINTENDENT OF INSURANCE-APPROVAL. Articles of incorporation of National Protective Insurance Company under Sections 5759-5760, R. S. Mo. 1929.
76-37 Dec 1 INSURANCE. Stipulated premium plan companies must comply with Senate Bill No. 126.
77-37 Apr 15 TAXATION. Property purchased with funds received under World War Compensation Act subject to State and County Taxation.
77-37 July 1 TOWNSHIPS. May not issue bonds for road purposes when there is a special road district organized which includes the whole or any part of said township within its boundaries, and has road bonds outstanding and unpaid.
78-37 Aug 28 PENAL INSTITUTIONS. Sentences are to run concurrently from the date rendered unless the sentencing court directs sentence to commence at a future time.
78-37 Nov 5 Mrs. Anice Sanders WITHDRAWN
78-37 Dec 28 HABEAS CORPUS.
PENAL INSTITUTIONS.
Writ served on person in custody must deliver the body and may be reimbursed by Legislative appropriation for necessary expenses.
80-37 June 12 MOTOR VEHICLES.
DRIVERS LICENSE LAW.
A private person who transports school children to and from school without compensation does not “operate” school bus.
81-37 Apr 30 INHERITANCE TAX. Consideration affecting transfer in contemplation of death.
81-37 July 16 ESCHEAT FUNDS. All funds remaining unpaid and unclaimed in the hands of executor or administrator shall, upon order of the court in which a final settlement is made, be paid into the treasury within one year.
82-37 Feb 27 GENERAL ASSEMBLY. Power of Legislature to employ additional employees to assist Investigating Committee under House Resolution No. 60
82-37 Mar 5 DEPOSITORIES.
COUNTY DEPOSITORIES.
Bond must be given to secure the full amount of the “total annual revenue” of the county.
County treasurer liable for funds deposited in an unlawful county depository.
82-37 Mar 17 TOWNSHIP ELECTIONS. Ballots need not conform with Sec. 10300, R. S. 1929, as amended, pertaining to General Elections.
82-37 Apr 1 Hon. John E. Short WITHDRAWN
82-37 July 16 TAXATION & REVENUE.
INCOME TAX.
Corporations do not have to file tax returns if they have no income. Individuals do not have to file tax returns unless income exceeds $1,000.00 in case of a single person, or $2,000.00 for head of family or married.
82-37 Aug 17 COUNTY COURT. Does not have authority to divert funds derived by levies of special road district for purpose other than that for which same were levied.
Special road district may recover from county funds to which it was entitled under Sec. 8042, R. S. Mo. 1929, When.
82-37 Aug 25 COUNTY COURT. Under Section 9868, R. S. Mo. 1929, additional levy can be placed on the collector’s books and collected in the year 1937.
82-37 Dec 6 ELECTIONS. Board in Kansas City may not pay additional assistants more than that fixed by statute.
82-37 Dec 8 BOARD OF ELECTION COMMISSIONERS. Shall select names of judges and clerks at least 60 days prior to the city election to be held on March 29, 1938.
83-37 Jan 8 MOTOR VEHICLE. Persons charged with the larceny of a motor vehicle or any part thereof, when found guilty, the punishment shall be assessed in accordance with the provisions of the Motor Vehicle Act.
83-37 Jan 8 BOARD OF HEALTH.
SOLDIERS AND SAILORS.
RECORDS.
A fee of 50 cents must be charged for certified copies of birth or death records, except soldiers and sailors, when certain facts exist, are entitled to same free of charge.
83-37 Jan 13 OFFICES. Superintendent of Trachoma Hospital at Rolla may accept employment as examiner for insurance company and Missouri Commission for the Blind if such does not interfere with his duties as Superintendent.
83-37 Feb 2 COLLECTOR.
EX OFFICIO TREASURER.
Required to give a new bond after January 1, 1937.
83-37 Feb 26 COUNTY TREASUERER EX OFFICIO COLLECTOR. Not entitled to percentage fee for disbursement of school moneys referred to in Section 9266 R. S. Mo. 1929.
83-37 Mar 22 AMENDMENT NO. 4.
HOUSE BILL NO. 218.
Rabbits are not protected at the present time, but if House Bill No. 218 is enacted by the Legislature the Conservation Commission, as set up in Amendment No. 4 will have the control and regulation of rabbits to the extent that said Bill confers authority on the Commission.
83-37 Mar 23 CHECKS OR DRAFTS. Insufficient fund checks. Applicability of Section 4305 R. S. Mo. 1929.
83-37 Apr 1 ELECTIONS. The office of Collector of cities of the fourth class is an elective office. When an office does not appear on the ballot the electors may write in the name of a qualified person to fill that office.
83-37 Apr 2 BARBER BOARD. The moral character of an applicant for a barber’s certificate is within the discretion of the board of examiners, conviction of a crime may be taken in consideration in determining same.
83-37 Apr 2 INHERITANCE TAXES. Non-resident beneficiaries have the same exemption as resident beneficiaries.
83-37 Apr 20 INTER-STATE COMPACTS. House Bill 459 not in conflict with Constitution of Missouri and United States.
83-37 May 4 ADMINISTRATION. Estates of persons presumed to be dead must be administered according to the terms of the statutes.
83-37 May 5 TAXATION AND REVENUE. Liability of employees of Federal Reserve Banks for Missouri Income Taxes.
83-37 May 7 Hon. Wayne V. Slankard WITHDRAWN
83-37 May 24 LIQUOR. Appropriation for Department of Liquor Control cannot be used to pay expenses of witnesses subpoenaed by the State or Liquor Control.
83-37 June 9 CORONER. Duty of attending physician to notify coroner upon death of person from injuries received by violence.
83-37 June 15 Hon. Forrest Smith WITHDRAWN
83-37 June 17 BONDS.
OFFICERS.
Collector who fails to certify delinquent state income taxpayers within thirty days after delinquency is liable on his official bond.
83-37 June 18 TAXATION – INCOME TAXES. Liability of employees of railroad federal equity receiver or trustee under Section 77 of the National Bankruptcy Act.
83-37 July 14 COUNTY SURVEYOR. Entitled to salary as Surveyor and as ex officio County Engineer.
83-37 July 14 SALES TAX: SECTIONS 13, 24 AND 25, SALES TAX ACT OF 1937. In case the State Auditor extends time for making any return or paying any tax required by this Act, such taxpayer is relieved of the payment of the interest prescribed by Section 24 and is entitled to deduct the 3% of the tax as provided by Section 25 of the Act.
83-37 Aug 13 COUNTY COLLECTORS. County Collectors liable on official bonds, where they fail or refuse to publish a list of delinquent lands for sale.
83-37 Sept 4 PROSECUTING ATTORNEY. (1) May make and swear to complaint for a felony under Section 3467, R. S. 1929.
(2) No civil liability on prosecuting attorney in event of failure of prosecution by acquittal, dismissal or otherwise.
83-37 Sept 23 TAXATIONS.
SALES TAX.
Fees and charges paid for privilege of fishing are not subject to the provisions of the 2% Sales Tax Act.
83-37 Nov 4 NURSERY STOCK. Subject to inspection, when.
83-37 Nov 5 MISSOURI ATHLETIC COMMISSION. Commission has no jurisdiction over boxing events held at Jefferson Barracks.
83-37 Dec 2 MOTOR VEHICLE FUEL
TAX.
GASOLINE.
No refund of tax on gasoline exported in tanks of automobiles.
83-37 Dec 31 STATE BOARDS. Right of State Auditor to issue warrants for rent and stenographic help for the following Boards: Nurse Examiners, Optometry, Osteopathy, Barbers, Embalming, Chiropractic Examiners, Dental Examiners, Accountancy and Pharmacy.
84-37 Sept 10 TAXATIONS.
SALES.
TAX.
Rural Electrification Co-Operative Associations to pay the sales tax for electric current and energy purchased from the seller of such current.
85-37 Feb 5 AMENDMENT NO. 4. (1) The amendment does not empower the Conservation Commission to make its own laws independent of the Legislature.
(2) A statute enacted by the Legislature empowering the Conservation Commission to make its own laws would not be valid.
(3) Amendment does not authorize Commission to determine who shall buy licenses to hunt, etc. And four other questions.
85-37 Feb 20 SUPERVISOR OF BUILDING AND LOAN ASSOCIATIONS. (1) A person appointed by the Governor to fill vacancy in office of Supervisor of Building and Loan Associations has authority to discharge the duties of Supervisor prior to confirmation by the Senate.
(2) Removal of supervisor disqualifies him to act as Receiver. Supervisor appointed to fill vacancy should proceed to have himself appointed receiver in all cases pending in court and court should appoint him as such receiver.
85-37 Apr 5 MOTOR VEHICLES. Commissioner of Motor Vehicles may show tonnage capacity on license plates for commercial vehicles.
85-37 Apr 29 GOVERNOR. Senate Bill No. 5 which attempts to create a Revision Commission is unconstitutional for four reasons.
85-37 May 18 BUILDING & LOAN. Proposed merger of Benefit with North American Association approved.
85-37 May 25 BOARD OF PERMANENT SEAT OF GOVERNMENT. May hang in the Capitol plaster cast models of Victor Holm’s Missouri Monument in the Vicksburg National Park, one panel showing the Union Army in battle and one showing the Confederate Army in battle, if said panels harmonize with the uses, style and construction of the State Capitol.
85-37 July 3 DRAINAGE DISTRICTS. Collection of costs in suits for delinquent drainage taxes.
85-37 July 15 SALES TAX AND REVENUE. Consular officers and their employees, nationals of other foreign governments, not liable for payment of a sales tax.
85-37 July 26 SALARIES AND FEES.
OFFICERS.
Probate Judges compensation is based on fees collected rather than on fees earned.
85-37 July 30 MOTOR VEHICLES. Non-residents who purchase motor vehicles in Missouri may be issued certificate of ownership.
85-37 Aug 27 BOARD OF PHARMACY. If April examination is declared void, applicants found guilty of no wrong should be given opportunity to retake examination prior to September 6th, 1937.
85-37 Sept 9 AMENDMENT NUMBER FOUR.
CONSERVATION COMMISSION.
All counties now having in force the provisions of Section 8246, relating to a closed season on quail will continue to have closed season until the expiration of the time as mentioned in said section.
85-37 Sept 22 GOVERNOR. The Governor of the State of Missouri cannot sign and enter into a compact with other states without legislative authority.
85-37 Oct 28 COUNTY TREASURER. The County is not liable for the compensation of the county treasurer prior to his appointment by the Governor.
85-37 Nov 8 Hon. Lloyd C. Stark WITHDRAWN
85-37 Nov 24 MOTOR VEHICLES. Commissioner of Motor Vehicles may, in his discretion, with the approval of the State Highway Engineer, issue overweight permits in accordance with the terms of the statute.
85-37 Dec 16 MOTOR VEHICLES. What constitutes “public” or “common carrier” within the meaning of Section 5, Laws of 1937, page 372.
85-37 Dec 29 STATE INSTITUTION INSURANCE. Insurance may be carried on properties of state institutions if authorized by statute and if legislature makes appropriations for payment of premiums.
86-37 Apr 9 MOTOR VEHICLES. If plates are lost or destroyed by seizure or otherwise duplicates must be issued.
86-37 May 7 COUNTY SURVEYOR. If surveyor refuses or neglects to give bond within the time prescribed in section 11572, then, by the terms of section 11574, a vacancy may be declared and filled by the Governor under section 10216.
86-37 May 8 TAXATION. County Collector unauthorized to collect delinquent real estate taxes due cities of the fourth class, is without authority to sell property to enforce such collections, and is entitled to no commission on any such taxes collected.
86-37 June 29 MOTOR VEHICLES. All operators of motor vehicles being operated within this state, whose height, width and length exceeds the inhibitions of the statute by reason of the use of clearance lights and rear vision mirrors, must obtain special permits therefor.
86-37 Aug 6 CIRCUIT CLERKS-FEES & SALARIES.
CLERK OF JUVENILE COURT-SALARY.
HOUSE BILL 177.
1. Emergency clause not effective under H.B. 177.
2. Clerk permitted change from fee basis to salary, during term, without violating Sec. 8, Art. XIV, Mo. Const.
3. Clerk of Juvenile Court entitled to salary during his present term.
86-37 Aug 17 LOTTERIES. “Surprise Night” and similar theatre schemes.
86-37 Nov 12 VENDING MACHINES. May be a lottery or slot machine depending upon the value of the tokens given as prizes.
87-37 Jan 20 DEEDS OF TRUST AND MORTGAGES. Person must release within thirty days after date of payment of deed of trust or mortgage, after request; and failing to do so penalty attaches.
87-37 Mar 12 PRIVATE SCHOOLS. A school incorporated under the provisions of Article X, of Chapter 32, of R. S. Mo. 1929, is entitled to hold property for corporate purposes up to an amount as indicated in Section 9743, R. S. Mo. 1929, and such property shall be tax exempt.
88-37 Jan 25 PUBLIC ADMINISTRATOR. Term of office. Eligibility to office not affected by time of filing surety bond.
88-37 Sept 22 COUNTY CLERKS. County Courts cannot persist in keeping a county clerk on a fee basis until the expiration of the term for which the county clerk was elected.
89-37 Mar 5 COUNTY HIGHWAY COMMISSION.
COUNTY HIGHWAY ENGINEER.
COUNTY COURTS.
Expenses, mileage and per diem for traveling outside the county. Right to per diem for same day as County Court and County Board of Equalization.
89-37 May 13 OLD AGE ASSISTANCE. House Concurrent Resolution No. 16 in Senate Journal, p. 580, as it applies to Old Age Assistance and the Old Age Assistance Department.
90-37 Apr 29 ANIMALS—STALLIONS. Owner of stallion has lien on foal for one year.
90-37 Apr 29 CITY COLLECTOR. When special election may be called to fill office; authority to reduce compensation.
94-37 Apr 22 COSTS. Jury costs, under Section 8774, after a mistrial and a compromise between the parties in which each agrees to pay half, should be six dollars for each party.
94-37 Aug 6 INHERITANCE TAX. Missouri estate tax on property belonging to non-resident is equal to 80% of the Federal estate tax imposed on said property.
94-37 Nov 10 ROADS AND BRIDGES. Warrants may be issued and registered up to amount of anticipated revenue, but not in excess.
96-37 Aug 3 Mr. J. T. White WITHDRAWN
97-37 Jan 4 TAXATION. Personal property of Naval Reservists subject to property tax.
97-37 Jan 4 TAXATION. Certificate holder only entitled to receive amount of certificate plus subsequent taxes paid.
97-37 Jan 13 SHERIFFS. Contracting with sheriff’s brother to feed prisoners at County Jail would not be a violation of the Nepotism Act.
97-37 Jan 27 RECORDER. Recorded instruments may be destroyed without liability on the part of the Recorder.
97-37 Mar 10 COUNTY HIGHWAY ENGINEER. Compensation and when same may be withheld.
97-37 Mar 23 COUNTY BUDGET ACT. Contracts made with an Engineer for determining data for roads and bridges, if the compensation is fixed according to the amount of data prepared and he is to be paid after completion of the work his compensation should be paid out of the revenue for the year in which the work is completed.
97-37 Apr 20 SCHOOLS. District of residence need not pay any of the first $50.00 of high school tuition for its pupils.
97-37 Apr 30 TOWNSHIP TREASURER. The township ex officio treasurer of township is not entitled to commission on money belonging to office which he turns over to his successor.
97-37 May 6 TAXATION.
BUILDING & LOAN.
Building and Loan association cannot be compelled by county board of equalization to give list of shareholders; shareholders must return list of shares and actual cash value thereof; shares upon which there is a loan need not be returned on the assessment list.
97-37 May 18 DRAINAGE & LEVEE DISTRICTS.
LEVEE & DRAINAGE DISTRICTS.
COUNTY TREASURER.
TAXATION AND REVENUE.
COUNTY TREASURER’S FEES.
Fees due county treasurer for disbursing levee funds organized under county courts.
97-37 May 25 ASSESSOR. Under Section 12357 is to receive four cents for the complete blank and not for each separate item filled out in said blank.
97-37 June 7 COLLECTORS. Rule for determining the classification under Section 9935. Taxes levied for special road district to be included in classification.
97-37 June 11 CRIMINAL COST. Neither State, County or Prosecuting Attorney’s Office are liable for cost when a person charged with a felony on complaint of prosecuting attorney, is discharged by examining official, or at request of Prosecuting Attorney.
97-37 July 27 TAXATION-ABANDONED RAILROAD RIGHT-OF-WAY. Mode of collecting tax on same.
97-37 Aug 10 COUNTY COURT.
ROAD BONDS.
Section 7963, R. S. Mo. 1929, requires proceeds of road bonds to be turned over to the township treasurer and disbursed by him on order of county court.
97-37 Aug 16 JUSTICES OF THE PEACE. Powers to grant stays or execution can commute fines to imprisonment.
97-37 Sept 3 TAXATION. County Collector has the right to accept payment for less than all taxes, interest and penalties due and delinquent on land being advertised for the third sale.
97-37 Sept 4 PRIVATE CORPORATIONS. Subject to prosecution for violations of the criminal law.
97-37 Sept 14 TAXATION. Sales of delinquent lots and lands may be held at any courthouse located in the county if notice provides for same; if notice does not provide then sale to be held at county seat courthouse.
97-37 Sept 17 TAXATION. Procedure to be followed in sale of land for delinquent taxes under Jones-Munger Law in view of remission statutes.
97-37 Oct 9 PROSECUTING ATTORNEYS. It is not the duty of the prosecuting attorney to bring suits in behalf of the parents of students against the school district.
97-37 Oct 11 MOTOR VEHICLES.
DRIVER’S LICENSE ACT.
Requires an operator to take out only one driver’s license.
97-37 Nov 12 TAXATION & REVENUE. Jones-Munger Bill. Purchaser of any title or interest or real estate by proper conveyance would have the same right of redemption as former owner.
97-37 Nov 12 TAXATION. Poll taxes for 1937 to be collected; Section 8181 relating to poll tax in Special Road Districts not repealed.
97-37 Nov 13 CATTLE AND HOGS.
INSPECTION OF.
Duty of brand inspector to inspect.
97-37 Nov 22 Hon. W. P. Wilkerson WITHDRAWN
97-37 Dec 21 CRIMINAL PROCEDURE.
COURTS.
Special judge selected by Prosecuting Attorney and Defendant to try criminal case, cannot parole convicted defendant.
97-37 Dec 31 FEES.
RECORDER AND CIRCUIT CLERK.
Recorder and Circuit Clerk shall collect and account for fees for taking acknowledgments and affidavits.
98-37 Feb 5 FICTITIOUS NAME. Use of fictitious name as a violation of criminal law.
98-37 Feb 20 Hon. Conn Withers WITHDRAWN
97-37 Apr 23 ESCHEATS FUND. Payment to Nonresident.
98-37 Sept 9 Hon. Conn Withers WITHDRAWN
98-37 Oct 18 PLAN OF SCREEN. A lottery in violation of Section 4314 R. S. Missouri 1929.
98-37 Nov 17 FUNDS. Transfer of funds at end of biennium in accordance with the Laws of Missouri 1933, Section 1, page 415.
98-37 Dec 20 COLLECTOR’S BONDS.
BONDS.
County Court may pay premium on collector’s bond, if collector elects to give surety bond and county court consents to the giving of same.
98-37 Dec 22 SHERIFFS. Fees in reference to non est returns on search and seizure warrants.
99-37 Jan 8 CEMETERIES.
TAXATION.
Land owned by cemetery company and not used for burial purposes is subject to taxation.
99-37 Jan 21 COUNTY COURTS. May employ and dismiss assistants under Section 8020, R. S. Mo. 1929.
99-37 Mar 27 HABITUAL CRIMINAL ACT. Sections 4461 and 4462, R. S. 1929. Principal charge may be based on a “mixed felony” and be punished under “Habitual Criminal Act.”
99-37 Apr 13 ROADS AND BRIDGES. County Court may not appoint road overseer under Section 7870 for special road districts created under Section 8061, R. S. Mo. 1929.
99-37 May 24 LOTTERY. “Win-O” game operated by theatre is a lottery.
99-37 Oct 13 JONES-MUNGER LAW.
PUBLICATION.
It is not necessary under Section 9952b, 1935 Session Acts for the Collector to make any certification to be embodied in the publication.
99-37 Nov 4 ELECTIONS. St. Louis election board authorized to appoint deputy commissioners for purposes of registration.
99-37 Nov 22 BOARD OF ELECTION COMMISSIONERS. That part of Section 36 which provides that the information required to be typewritten on affidavit forms is to be taken from registration book is directory.
100-37 June 16 FEES.
SHERIFFS.
For summoning petit jury and for apprehension of fugitives.