1938 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:  1933  |  1934  |  1935  |  1936  |  1937  | 1939    

Opinion Date Topic Summary
1-38 Feb 24 BUILDING AND LOAN. Fund for withdrawal must be divided pro rata among all shareholder. The “receipts” used in Section 5604 means net receipts. Pro rata share determined from amount actually due.
1-38 May 25 Mr. H. D. Allison WITHDRAWN
1-38 July 18 ELECTIONS. Person not qualified elector unless registered.
1-38 July 21 ELECTION. Supplemental opinion on election opinion dated July 18, 1938.
1-38 Aug 10 Mr. H. D. Allison WITHDRAWN
1-38 Aug 19 ELECTIONS. A voter registered in a precinct cannot vote therein after moving permanently to another precinct.
1-38 Sept 21 FEES. Constable is not entitled to a fee for attending court in a criminal case on a misdemeanor before a justice of the peace.
1-38 Dec 23 COUNTY CLERKS. Section 11811, as amended, Laws of Missouri, 1933, page 370, does not provide for a definite stated salary for each deputy or assistant county clerk.
3-38 Feb 5 SHERIFF. Sheriff not entitled to fees for mileage in making investigations.
3-38 June 14 DEPOSITORIES.
COUNTY DEPOSITORIES.
BANKS AND BANKING.
County depositories required under Laws of Mo., 1937, p. 502, to pledge designated assets to secure public funds, and giving of personal security eliminated.
3-38 June 24 CRIMINAL COSTS. State, county or prosecuting attorney not liable for costs of dismissal of a felony charge in a preliminary either by prosecuting attorney or justice of the peace.
3-38 Aug 8 TAXATION. Newspaper publishing list of delinquent lands entitled to only one fee for each description regardless of number of years’ taxes due against said land.
3-38 Aug 23 COURTHOUSE BONDS. By cooperation with Federal Government County Court may build courthouse and provide jail therein, under a courthouse bond issue.
3-38 Oct 5 PROBATE COURT. Records may be photostated and bound in book. Judge entitled to fee.
3-38 Oct 24 INHERITANCE TAX. Where a legatee is to receive his legacy tax free, the inheritance tax should be computed upon the total of the legacy and the tax, then deducted therefrom as the tax is to be considered as an interest in property.
3-38 Oct 25 Mr. E. J. Arnett WITHDRAWN
4-38 May 13 UNEMPLOYMENT COMPENSATION COMMISSION. Where can headquarters be legally located?
5-38 June 20 ADVERTISING. Construction of Section 4308 R. S. Missouri 1929.
5-38 July 13 DEPUTY COUNTY COLLECTOR. Need not be twenty one years of age.
5-38 Sept 1 Mr. J. Robert Barton WITHDRAWN
5-38 Sept 21 ELECTIONS. Pertaining to amounts a representative may spend for election under Section 10481 R.S. Missouri 1929.
6-38 Apr 7 SHERIFFS.
SALARIES AND FEES.
DUTIES.
BOARD OF EQUALIZATION.
Sheriff or his deputy must be in attendance of the court for which he claims a fee of $3.00 per day. Sheriffs in counties not under township organization are not required to open board of equalization, and are not entitled to receive three dollars per day while board is in session.
6-38 Apr 9 ROADS & BRIDGES. County Court may not draw warrant in favor of overseer of districts under Section 7868, until his account is presented and audited by Court.
6-38 May 10 SCHOOLS.
TEACHERS.
RENEWAL OF CERTIFICATE.
Teachers’ certificates maybe renewed. When?
7-38 Jan 28 Hon. Nat W. Benton WITHDRAWN
7-38 Jan 31 COUNTIES.
MATERIAL RELIEF.
Contracts of a county beyond statutory powers are void.
7-38 Mar 23 Mr. Nat W. Benton WITHDRAWN
8-38 June 3 CRIMINAL PROCEDURE.
RECOGNIZANCE OF WITNESS.
JUSTICE OF THE PEACE.
Recognizance of witnesses taken by justice of the peace in a felony case should be for appearance of witness in circuit court and in case such witness refuses to give such recognizance and is committed, he should only be held under such order of commitment of the justice until the day he is required to appear in circuit court after which time the recognizance for appearance should be required by the circuit court.
9-38 May 4 STATE PURCHASING AGENT. No authority to sign contract for architectural services for construction of Missouri Building at 1939 New York World’s Fair.
9-38 June 16 STATE PURCHASING AGENT.
PURCHASE OF SUPPLIES ON OPEN MARKET.
APPROVAL OF GOVERNOR.
Purchasing agent should have the approval of the Governor before purchasing supplies on the open market and such approval should be had for each and every transaction.
9-38 June 30 STATE PURCHASING AGENT. Right to dispose of property owned by the State or any department thereof.
9-38 Aug 16 Hon. George Blowers WITHDRAWN
9-38 Nov 28 CRIMINAL LAW.
OBSCENE PUBLICATIONS.
Section 4266 R.S. Missouri 1929 includes publications about all persons whether real or imaginary.
10-38 Jan 17 INTOXICATING LIQUOR. Place may be partitioned so as to constitute two premises, thereby permitting the sale of intoxicating liquor in original package on one premises and beer by the drink on the other, under certain conditions.
10-38 Jan 19 INTOXICATING LIQUOR. Supervisor may disregard corporate fiction and refuse license to president and principal holder of stock, when corporation’s license had been previously revoked.
10-38 Jan 25 INTOXICATING LIQUOR. No one can sell intoxicating liquor without first having obtained a license.
10-38 Feb 2 PARK BOARD.
APPROPRIATIONS.
Personal services may be paid out of appropriations for labor, maintenance and repairs.
10-38 Feb 7 SCHOOLS. May consolidated school district extend boundaries to take in part of consolidated district in another county.
10-38 Mar 2 Hon. F.C. Bollow WITHDRAWN
10-38 Mar 18 PROSECUTING ATTORNEYS.
COUNTY COURTS.
Prosecuting Attorney, and --- the County Court, controls county litigation.
10-38 June 2 APPROPRIATION.
BOARD OF PHARMACY.
INVESTIGATING COMMITTEE.
EXPENSES OF, HOW PAID.
Expenses of investigating committee of board of pharmacy should be paid out of appropriation to the Governor for that purpose under Laws of Missouri, 1927, found at page 17.
10-38 June 21 CONSERVATION COMMISSION. Authorized to spend purchase money on Big Oak Tree State Park.
10-38 July 8 TAXATION AND REVENUE. (1) Park superintendents who operate concessions in state parks with permission of the State Park Board must collect sales tax. (2) State Park Board charging camp fees in state parks for reimbursement of wood used by campers is not liable for sale tax.
10-38 July 8 Hon. I. T. Bode WITHDRAWN
10-38 Sept 14 DEAD AMINALS-REMOVAL OF. A trucker is not liable for the hauling of swine which are dead of disease under Sec. 12786, R. S. Mo. 1929.
10-38 Sept 15 STATE PARK BOARD. State Park Board must deposit fees and other income in the State Treasurer’s Office and cannot disburse money that has not been appropriated to that department.
10-38 Oct 21 CRIMINAL COSTS. Criminal Clerk should issue execution at the end of the term against parolee who is not protected by the insolvency act.
10-38 Nov 19 Mr. Wallace I. Bowers WITHDRAWN
10-38 Nov 21 LIQUOR CONTROL. Corporation composed of retail dealers may not act as purchasing agent on behalf of its members. Liquor traffic can only be engaged in, in the manner provided by law.
10-38 Dec 20 COUNTY BUDGET ACT. (1) Classes should be paid in order of their priority; (2) Section 12140, R. S. 1929, should be considered in payment of warrants; (3) Constitutionality of the Budget Law.
11-38 Feb 4 LOTTERIES-DRAWINGS.
11-38 May 5 TAXATION. Definition of Taxpayer.
11-38 May 13 OPTOMETRY. Restoration of expired license must be made when statutory fee for same be tendered.
11-38 July 19 OFFICERS. Committee appointed by the Governor to supervise mixing and distribution of poison bait for insects are not officers or agents of the state and hence not immune from liability for tort.
11-38 Sept 28 ELECTIONS. Residence is a matter of intention.
12-38 Jan 8 BALLOT TITLES. For constitutional amendments to be submitted November Election 1938, for Senate Joint and Concurrent Resolutions (1) No. 3 - Compensation of members of General Assembly; (2) No. 6 – Reelection of State Treasurer as own successor; (3) No. 7 – special tax for support of county hospitals.
12-38 Jan 14 BALLOT TITLES. For Constitutional Amendment of Article IV, Section 47 for Joint and Concurrent Resolutions Nos. 2 and 3, pertaining to pensions or assistance to persons over sixty-five years of age, to be submitted at November Election, 1938.
12-38 Jan 21 COUNTY COURTS. May take possession of rooms vacated by prosecuting attorney and may require personal property of county to be returned to the courthouse.
12-38 Feb 7 NEWSPAPERS. If newspaper moves from one town to another in a different county, in order to qualify for public advertisements, it must be published regularly for a period of three years or more at its last location.
12-38 Feb 21 NOTARY PUBLIC.
NOTARY PUBLIC MAY HOLD ONE COMMISSION AT A TIME.
Only one notary public commission may be issued to a person during any one four-year period.
12-38 July 8 CONSTITUTIONAL AMENDMENT. Ballot title.
12-38 July 11 BALLOT TITLE. For Constitutional Amendment to Article X, Constitution, providing plan of assessment, valuation and taxation; appropriating bond money; prohibiting local property tax on motor vehicles; providing State maintained school system.
12-38 July 12 BALLOT TITLE. For constitutional amendment repealing Section 10, Article IX, of Constitution, and enacting new section in lieu thereof, providing Sheriffs and Coroners may be eligible to succeed themselves in office.
12-38 Aug 19 BALLOT TITLE. For Constitutional Amendment amending Article IV by addition of Section 44aa.
12-38 Nov 21 COUNTY OFFICES. Tenure of office of persons appointed to fill various offices; tenure when elected to fill unexpired term.
12-38 Dec 21 MOTOR VEHICLES. Municipal courts are not required to report violations of city ordinances in reference to motor vehicles to the Commissioner of Motor Vehicles.
12-38 Dec 30 SCHOOLS. (1) In district having average daily attendance of less than 10, Board of Education has authority to provide for transportation of pupils to another district; (2) such closing of school and transportation of pupils to another district does not cause a forfeiture of the district’s corporate existence.
13-38 Mar 7 TAXATION AND REVENUE. 1. Interpretation of Section 9950, Senate Bill #94, as to compromise of taxes.
2. Redemption. Resale.
13-38 Mar 14 TAXATION.
COUNTY COURT.
REFUNDING ILLEGAL LEVIES.
Moneys collected from illegal taxes levied may be refunded by the county court only when such tax money is either in the county treasury or under the control of the county court.
13-38 Mar 23 TAXATION. Redemption resale made to highest bidder. Sale thereunder extinguishes the tax lien for all taxes for which the third sale was enforced.
13-38 Aug 17 LIQUOR CONTROL ACT.
BUILDINGS USED AS PLACES OF RELIGIOUS WORSHIP.
Buildings used by various religious denominations for religious worship which denominations do not have managing boards to manage such buildings, are not buildings regularly used as places of religious worship, as provided in Sec. 44-a-14, Laws of Mo. 1935, p. 285.
13-38 Dec 21 SCHOOL. Debts contracted in excess of anticipated revenue are void; revenue for one you cannot be used to pay debts of subsequent year and treasure is liable if he pays warrant of prior year out of subsequent years revenue.
14-38 Sep 19 COUNTY COURTS. County court must pay publication of county financial report when compiled according to law.
14-38 Sep 28 TAXATION.
REDEMPTION – PARTIAL.
REDEMPTION PRORATED BY COUNTY COLLECTOR.
County collector proportions the part of tax that shall be paid in redeeming part of land sold for taxes.
14-38 Dec 9 OFFICERS. The office of mayor of the city of the fourth class and the office of presiding judge of the county court may not at the same time be held by one person. The acceptance of the latter office will forfeit the former.
15-38 Jan 6 CRIMINAL LAW.
MASTER AND SERVANT.
MOTOR TRUCK LAW VIOLATIONS.
Owner of motor buses liable to punishment for violation of criminal laws by drivers when such act is done under the employer’s command and within the scope of his employment and done for the employer by his knowledge and consent.
15-38 Apr 20 MOTOR VEHICLES. “Homemade” trailers must obtain a distinguishing number from the Secretary of State in compliance with Section 7781, R.S. Mo. 1929.
15-38 July 07 B.M. Casteel WITHDRAWN
15-38 Sep 2 CITIES. May not erect buildings with the primary object of renting same when completed.
15-38 Sep 20 MOTOR VEHICLES. Finance company, under chattel mortgage with provision of power for sale, can repossess without filing suit.
15-38 Nov 18 COUNTY TREASURER. Treasurer appointed under Section 12130, Laws of Mo. 1937, p. 425, will hold office until January 1, 1939, or until his successor is elected and qualified.
16-38 Feb 7 SCHOOLS. Notice to change school district boundaries and persons qualified to vote.
16-38 Feb 10 TAXATION. County liable under Section 9952b, Laws of Missouri 1935, p. 403, for the expenses of printing delinquent lists of lands and lots even though they fail to sell at the collector’s sale in November.
16-38 Mar 15 CITIES OF THIRD AND FOURTH CLASS. City may convey park property to a school district without a vote of the people providing the park property is not conveyed to the city by dedication.
16-38 Mar 30 FISH AND GAME.
GIGGING.
When and what specie of fish may be gigged, speared, etc.
16-38 Apr 6 LOTTERY. “Pay Nights” and similar schemes of awarding money in envelopes handed to customers of theaters.
16-38 Apr 21 COUNTY CLERK. Clerk’s duty to total columns of taxable property on Assessor’s books under Sections 9800-9805, R.S. Missouri, 1929.
16-38 Apr 23 SCHOOLS. District may not pay bonus to teacher when said bonus is not provided by contract.
16-38 May 12 SCHOOLS. Meaning of the word “majority” in electing School Directors or voting on propositions.
16-38 May 18 TAXATION. County court must make a levy under Section 7890, R. S. Mo. 1929. Moneys derived from levy under said section should not be placed in the budget but should be disbursed according to the terms of the statute.
16-38 July 1 HEALTH. Persons violating rules promulgated in accordance with provisions of Art. I, Chap. 52, R. S. Mo. 1929, relating to the public health are guilty of a misdemeanor.
16-38 Aug 20 TAXATION.
BANKS AND BANKING.
FRANCHISE TAX PREFERRED STOCK HELD BY RFC.
Preferred stock of a bank owned by the Reconstruction Finance Corporation constitutes a part of the capital structure of such bank upon which the franchise tax may be based.
16-38 Sep 20 TAXATION.
DELINQUENT LANDS.
ADVERTISEMENT.
Delinquent lands may not be sold for taxes to the highest bidder at the third time they are offered for sale unless they have been properly advertised at the first and second sales in which they are offered.
16-38 Oct 3 TAXATION. County collector, by mandamus, can be compelled to accept a warrant for taxes for the same year.
16-38 Oct 12 CRIMINAL COSTS. State not liable for cost of hospitalization of persons committing crimes.
16-38 Dec 22 PROSECUTING ATTORNEYS.
SALES TAX LAWS.
Prosecuting attorney, under Sales Tax Act, not entitled to fee for instituting and prosecuting suits for collection of delinquent sales tax.
18-38 May 2 PENAL INSTITUTIONS. A boy convicted while under 17 years of age cannot be transferred to Algoa, and if a fugitive, sheriff is entitled to fees for returning to the Missouri Training School for Boys.
18-38 Aug 25 ELECTIONS.
PROXIES.
COUNTY COMMITTEES.
Proxies can be voted in county committee meeting. Majority of committee members necessary to constitute quorum to transact business.
19-38 Feb 11 Mr. Roy Coyne WITHDRAWN
19-38 Feb 24 ELECTIONS. Four questions on registration and elections in cities of 30,000 to 80,000 population (Joplin).
19-38 Aug 8 ELECTIONS.
PRIMARY.
Party representatives appointed under Section 10270, R. S. 1929, not entitled to be paid as election judges out of the county treasury.
19-38 Aug 12 TAXATION. County Board of Equalization or State Tax Commission may raise the assessment on the valuation of real property.
19-38 Oct 13 TAXATION. City property to use of hospital is taxable, but hospital property used for charity is tax exempt in limited acreage.
20-38 Jan 25 LABOR. Commissioner of Labor and Industrial Inspection without authority to make inspection of schools conducting manual training courses by the use of machinery.
20-38 Feb 17 LABOR COMMISSIONER. (1) City sanitariums, city hospitals etc., classed as public institutions within meaning of Section 13210, R.S. 1929; (2) Commissioner has no jurisdiction to make inspection of female employees in federal, state, city, county offices or on election boards.
20-38 Feb 24 LABOR COMMISSIONER. Section 13218, R. S. Mo. 1929, does not give Commissioner authorization to make inspections of radio broadcasting stations.
20-38 Mar 4 LABOR DEPARTMENT. License required of furniture manufacturers making, remaking or renovating bedding when designed for sleeping or reclining purposes.
20-38 Mar 4 AGRICULTURE.
TIME.
The time within which an act is to be done is computed by excluding the first day and including the last.
20-38 Mar 15 LABOR. Sale of products produced by persons under 18 years of age when employed by parent or guardian, are exempt from the provisions of the Laws of Missouri, 1937, page 196.
20-38 Apr 7 DEPARTMENT OF AGRICULTURE. Proclamation made by Governor Caulfield on March 4th, 1932 in reference to rules and regulations of shipment of hogs within the state of Missouri, is no longer in effect.
20-38 Apr 19 SCHOOLS.
DIRECTORS.
QUALIFICATIONS.
TAXPAYERS.
The person who is qualified to vote at a school meeting may be elected as a director of the school board of such district provided he has paid taxes, real and personal, in any county in the State of Missouri within the previous year.
20-38 Apr 26 TAXATION.
SALES TAX.
JURISDICTION OF STATE OF MISSOURI OVER GOVERNMENT PROPERTY.
State of Missouri has no jurisdiction over sales of tangible personal property belonging to the United States.
20-38 May 6 COUNTY CLERKS.
FEES.
Clerk not entitled to charge fee for certifying under seal document not required by statute to be certified. Clerk receives no compensation for making “personal delinquent list” into “back tax book”.
20-38 Aug 13 CORONER’S INQUEST. Jury must be summoned by constable in the township where the body is found, unless constable is unable to perform the duty.
20-38 Sep 21 BOARD OF AGRICULTURE. State Veterinarian may make rules and regulations for the prevention of spreading of contagious and infectious diseases among cattle, horses and hogs.
20-38 Dec 15 PROBATE CLERKS. A probate clerk may not act as an attorney in fact for surety companies and sell bonds to representatives of persons and estates which are in his court.
21-38 Feb 1 ATHLETIC COMMISSION. Shall collect 5% of all the gross receipts of every boxing, sparring or wrestling exhibition held.
21-38 Feb 12 ESCHEAT. When proceedings may be instituted to escheat property to the State of Missouri.
21-38 Feb 25 TOWNSHIP ORGANIZATION. Annual statement required to be made by Section 8170 should cover preceding fiscal year.
21-38 Feb 26 LIQUOR CONTROL. City may not suppress or prohibit the sale of intoxicating liquor within its limits. Applicant otherwise qualified cannot be denied city permit merely because city does not desire liquor sold.
21-38 Mar 18 AGRICULTURE. Validity of Regulation “C”, Missouri Insect Pest and Plant Disease Law.
21-38 Apr 12 SCHOOL DISTRICTS. Has the Board of Directors of a Consolidated District the solo power to select school sites and can such power be exercised arbitrarily.
21-38 May 18 CORONERS.
JUSTICES OF THE PEACE.
In the absence of the coroner, any justice of the peace or judge or justice of some court of the proper county may perform all duties enjoined on coroner.
21-38 Aug 5 CRIMINAL PROCEDURE.
JUSTICES OF THE PEACE.
APPEALS.
Justice of the Peace may not quash information. State may not appeal from ruling of Justice of the Peace, but may by writ of certiorari to the Circuit Court have such record quashed.
21-38 Aug 10 CRIMINAL PROCEDURE.
COMPLAINING WITNESS.
Any person who is competent to testify as a witness against the defendant may sign a complaint upon which information may be filed.
21-38 Oct 3 SCHOOLS TRANSPORTATION. School bus of Public school district may pick up school children in any rural districts thru which the bus route passes.
21-38 Dec 7 CONSERVATION COMMISSION.
FISH AND GAME.
Prosecution for violation of commission regulations, when misdemeanor, must be in township where offense was committed.
22-38 Aug 23 TOWNSHIP OFFICES.
CANDIDATES.
ELECTIONS.
Candidates for township offices and committeemen and committeewomen not required to pay fee for filing declaration papers.
23-38 Jan 20 JURY SCRIP.
SCRIP RECEIVED IN PAYMENT OF TAXES WHEN.
Jury scrips are not receivable in payment of taxes for any year other than that for which same are issued. Jury scrip payable out of the funds of the year of issuance.
23-38 Feb 12 COUNTY BUDGET. Bills for county for 1937, may now be paid out of funds of 1937 revenue, in accordance with priority of classes as budgeted by county for year 1937.
23-38 Aug 20 ELECTIONS. Defeated candidates in primary elections must file statements of expenses in accordance with Section 10482, R.S. 1929. Successful candidates in primary must also file statements within 30 days after primary.
23-38 Aug 23 SCHOOLS. School district does not lose building on land formerly used for school purposes by the mere fact of nonuser, and same does not revert with the land to the original owner.
24-38 Apr 18 INSURANCE.
MAKING AND CAUSING TO BE PUBLISHED UNTRUE STATEMENTS.
The statement that the “State of Missouri guarantees insurance” is untrue and persons making and causing to be published such statements violates the provisions of Section 4308, R.S. Mo. 1929, and is liable for the penalties imposed therein.
24-38 Apr 27 CITIES OF FIRST CLASS. Construction of word “revenue” in Sec. 6369, R. S. Mo. 1929.
24-38 July 29 COUNTY TREASURER.
BONDS.
If County Treasurer elects to give surety bonds and County Court accepts same, the premiums are to be paid by the County Court.
25-38 Mar 7 COUNTY OFFICERS. Prosecuting Attorney may tender resignation to the Governor.
26-38 Mar 25 CONTRACTS.
STATE OFFICE BUILDING.
Contract may be amended to permit a retention of 10% on payments to the contractor on monthly estimates.
26-38 Mar 25 POLL TAX. What poll tax may be levied and collected in counties under township organization.
26-38 Oct 3 PENITENTIARY. Measure of punishment upon conviction as habitual criminal.
26-38 Oct 24 CITIZENSHIP. A defendant does not lose his citizenship even though convicted of a felony, if the punishment is a jail sentence or fine; if the court paroles him he is restored to citizenship rights under Section 3820, R. S. 1929.
26-38 Nov 2 ROADS AND BRIDGES. Special road district cannot make claim and receive funds on a general levy of fifty cents on the $100.00 valuation unless the levy is made under Section 7890 R.S. Mo. 1929.
27-38 Jan 4 CIRCUIT CLERK AND EX-OFFICIO RECORDER. Cannot retain fees set out in Section 3248 R.S. Missouri, 1929, in addition to salary.
27-38 Mar 3 STATE BUDGET DEPARTMENT. Charles F. Carter not entitled to back pay for services as Chief Clerk.
27-38 Apr 1 TAXATION. Trustees must pay the annual corporation franchise tax to this state when such receivers or trustees are operating the business of the corporation which is undergoing a reorganization under the provisions of the Bankruptcy Act.
27-38 May 26 COUNTY CLERK.
DUTY OF DRAWING WARRANTS ON ILLEGAL DEMANDS.
COUNTY COURTS NUNC PRO TUNC ENTRIES.
County clerk should not draw warrant on claim illegally allowed by county court, providing he has knowledge of such illegal allowance. County court not authorized to make nunc pro tunc entries unless there is some record upon which to base such order.
27-38 July 11 INTOXICATING LIQUOR. Interpretation of Section 44-a-9, page 283, Laws of Missouri, 1935.
27-38 July 23 TAXATION. Freight depot of a Railroad not used by the Railroad Company but leased to private company should be assessed locally for taxes.
27-38 July 29 Hon. Melvin Englehart WITHDRAWN
27-38 Oct 15 Clarence Evans WITHDRAWN
27-38 Dec 5 SCHOOLS. The entire fund of a school district which has been placed in a “general fund” if any surplus remains at the close of the year, should be distributed according to the original amounts which should have been placed in the various funds under Section 9312, R. S. Mo. 1929.
27-38 Dec 16 TAXATION.
COSTS OF SALE FOR DELINQUENT TAXES.
Under the delinquent tax laws prior to the Jones-Munger Act, a county court is not authorized to pay for the costs of publication of lands sold for delinquent taxes.
27-38 Dec 29 SCHOOLS. (1) Annual school meeting under Section 9283, R. S. 1929, may be extended until six o’clock on the day of the election to enable all patrons of district to participate therein; (2) Under Section 9289, R. S. 1929, no member of the board shall receive any compensation for performing duties of a director.
28-38 June 21 BANKS & BANKING.
LIQUIDATIONS.
Court orders in sales of real estate of banks in liquidation, need not be recorded in counties where liquidation is being had.
28-38 Sep 6 SCHOOLS AND WARRANTS. School warrants may be issued up to the amount of the anticipated revenue for the year in which such warrant is issued and not in excess thereof.
29-38 Feb 21 APPROPRIATIONS.
STATE CANCER.
HOSPITALS.
State Cancer Commission may expend funds to establish hospitalization for Cancer patients prior to construction of State Cancer Hospital.
29-38 Apr 12 CITIES. No person under the age of twenty-five years may be elected to the council of a city of a third class.
29-38 Sep 13 SCHOOLS.
AUTHORITY OF DIRECTORS TO ISSUE COMMERCIAL PAPER.
School directors are only authorized to issue warrants as provided by statute and are not authorized to issue commercial paper for payment of erection of school buildings. Directors are not authorized to issue warrants in anticipation of revenue for any year except the current year.
29-38 Oct 13 CERTIFIED PUBLIC ACCOUNTANT. Styling himself C.P.A. is a personal privilege granted under Chapter 110, R.S. Mo. 1929, and cannot be used to style non-resident partners or non-resident firms or individuals.
30-38 Jan 24 Elbert L. Ford WITHDRAWN
30-38 Apr 27 FISH AND GAME. Game fish taken from waters of another State can be sold in Missouri (Section 8275)
30-38 Sep 9 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Motor vehicles transporting cotton and cotton seed from gin to original market or warehouse which is still the property of the producer are exempt from registering with the P.S.C. as contract haulers under Section 5265.
30-38 Sep 28 MOVIE QUIZ CONTEST.
LOTTERY.
Movie quiz contest constitutes a lottery.
30-38 Dec 29 CHIROPRACTIC. Right to revoke licenses by the State Board.
32-38 Feb 21 LIQUOR CONTROL. Club holding 3.2 percent. Members thereof may not store intoxicating liquor in lockers on premises.
32-38 May 7 CORONER. It is the duty of the coroner to have witnesses subscribe to transcript of testimony given in a coroner’s inquest.
33-38 Jan 11 MOTOR VEHICLES. Power of St. Louis Police to make arrests for displaying illegal tags on motor vehicles and changing number on motor block.
33-38 Jan 21 HABEAS CORPUS.
CERTIORARI.
Certiorari will not lie to review the circuit court’s order granting bail in habeas corpus matters, there being no jurisdictional question involved.
33-38 Feb 18 MOTOR VEHICLES. Finance companies have the right to hold certificate of title belonging to dealers and individuals and dealers are compelled to have certificate of title in possession.
33-38 Aug 30 INSURANCE.
WORKMEN’S COMPENSATION.
COMMISSION.
Policies written by companies writing policies known as excess aggregate policies, catastrophe excess policies and stop loss policies, under supervision and control of the Insurance Department and Workmen’s Compensation Commission.
33-38 Oct 4 WORKMEN’S COMPENSATION COMMISSION. Commission has no authority under the statute to destroy permanent records in its office.
34-38 May 31 INSURANCE. Stipulated premium company may not amend charter as burial society by resolution.
35-38 Feb 8 ELECTIONS.
ABSENTEE BALLOTS.
BALLOTS.
COUNTY CLERK.
DEPUTY COUNTY CLERK.
County clerk has authority to appoint deputy county clerk to issue absentee ballots only at county clerk’s office at county seat.
35-38 Feb 8 ASSAULT. Mere words or solicitation not sufficient to constitute assault with intent to rape.
35-38 Feb 17 G. Derk Green WITHDRAWN
35-38 Mar 15 ELECTIONS. 1. Section 10313 interpreted to include persons uninstructed who request aid in marking their ballots as well as persons who cannot read and write and are physically unable to cast their ballot. 2. Persons making the oath provided for in Section 10313 can inform election judges in any manner he chooses how he wants his ballot prepared.
35-38 Mar 19 ELECTIONS. Section 10313, R.S. 1929, construed. The words “declare under oath” do not require the elector to sign an oath. He may take it orally.
35-38 Apr 13 LOTTERIES. Money Quest Nite.
35-38 Apr 20 NARCOTICS.
STATE BOARD OF HEALTH.
A physician administering and dispensing narcotic drugs shall keep a record as is required by the Federal Narcotic Law, otherwise such physician violates state law.
35-38 Apr 29 LOTTERIES. Money Quest Nite.
35-38 Apr 30 TAXATION AND REVENUE. 1. Proper officer of City of St. Louis may not reinstate a delinquent tax bill which has been voluntarily paid, where such payment was shown to have been made by the record. 2. Such officer should not accept payment of delinquent taxes on lot on which such taxes have been duly paid. But when another payment for taxes on the same lot was voluntarily made said officer cannot make a refund therefor.
35-38 May 20 TAXATION. Persons living within a city are subject to a city tax on the personal property on his farm which is outside of the city limits. Persons living outside of the city limits are not subject to a city tax on the personal property portion of his business such as ice boxes, etc.
35-38 June 15 SCHOOL BOARDS. Right of board of directors to control use of school building.
35-38 Aug 16 DEPARTMENT OF AGRICULTURE. No authority to borrow money from the R.F.C.
35-38 Aug 24 BENEVOLENT CORPORATIONS. A vigilant society or association is not a benevolent organization.
35-38 Sep 8 MUNICIPAL CORPORATIONS.
FOURTH CLASS CITIES.
Ordinances may be passed without being read three times. Does not require unanimous vote to suspend the rules.
35-38 Sep 13 LOTTERY. Distribution of chances by merchants.
35-38 Oct 4 MOTOR VEHICLES. Lessee for more than ten days required to obtain certificate of registration and license plates even though car had been leased before.
35-38 Oct 31 PAROLES. Paroled persons who have received final discharge are eligible for public office.
35-38 Dec 29 TAXATION.
FIXING THE LEVY BY THE COUNTY COURT.
The levy for taxes made by the county court should only be in an amount sufficient to raise the desired funds. Any levy in excess of that amount is void to the extent in which it is excessive.
36-38 Jan 11 COUNTY COLLECTOR. Cannot accept payment of general taxes and exclude district water tax.
36-38 July 25 ELECTIONS. 1.Candidate for office of county clerk need not be a taxpayer.
2. Candidate eligible for township office even though kept partially at county expense in private home.
3. Inmates of Tubercular Hospital at Mount Vernon, Missouri entitled to vote absentee ballot.
37-38 Jan 21 COUNTY COURT.
ROADS AND BRIDGES.
County Court has authority to transfer surplus funds remaining at the end of the year to road and bridge fund, and the same may be used for the erection of bridges in special road districts.
37-38 Mar 22 INSURANCE. 3 questions relating to Burial Society incorporating as a stipulated premium company.
37-38 Apr 27 PROBATION.
PAROLE.
Information received by probation and parole officers privileged.
37-38 Apr 28 NOTARY PUBLIC. 1. Must state date commission expires on certificate.
2. Must have person before him in taking acknowledgment.
37-38 May 5 CONVICT. No loss of civil rights of citizenship prior to judgment and sentence.
37-38 May 6 PARDON. Time when pardon is available in preventing punishment for crime.
37-38 May 16 TAXATION.
COUNTY COLLECTOR.
ADVERTISING DELINQUENT LANDS.
COUNTY BUDGET ACT.
Tax collector in letting contracts for publication of delinquent lands should follow the provisions of Section 19 of the County Budget Act, page 350, Laws of Missouri, 1933.
37-38 June 25 PENAL INSTITUTIONS. Intermediate Reformatory inmates entitled to parole hearing after serving seven-twelfths of sentence orderly and peacefully.
37-38 July 5 PENAL INSTITUTIONS. Parole Board may investigate and recommend for a parole at any time after sentence is pronounced and before sentence is finally completed.
37-38 July 28 ELECTIONS. Voters may write in on their ballot names of a committeeman and committeewoman and may designate the election district for which such a committeeman and committeewoman are being selected even though there is no space left on the ballot for such offices.
37-38 Sep 16 ELECTIONS. Temporary absence with continuous intention to return will not deprive persons of their residence even though they have no particular spot which they call “home.”
37-38 Nov 3 ELECTIONS. Judges of election in Jackson County can change address of registered voters on election day when such voter moves to another address in same precinct.
37-38 Dec 22 OFFICERS.
SALARIES AND FEES.
Salaries of clerks of circuit courts and ex-officio recorder of deeds in certain counties.
38-38 Jan 21 SOCIAL SECURITY ACT. Interpretation of money payment in the Federal Social Security Law, Title 1, Section 6.
38-38 Feb 10 PENSIONS. Social Security Commission may appoint someone to preside at hearings.
38-38 Mar 25 APPROPRIATION. Social Security Commission does not provide paying insurance premiums on Children’s Home at Carrollton.
38-38 July 26 CANCER COMMISSION. Definition of the terms “legal residents” and “indigent patients” as used in Section 7 of the Laws of Missouri, 1937, page 497.
38-38 July 28 CANCER COMMISSION. County courts may be billed for patients at cancer clinics at State Hospitals Nos. 1 and 2 and said funds when allowed by county courts must be paid to the State Treasurer.
38-38 Aug 6 Hon. Frank W. Hayes WITHDRAWN
38-38 Sep 10 ST. LOUIS BOARD OF ELECTION COMMISSIONERS. No authority to provide meals for employees during overtime work.
38-38 Sep 26 APPROPRIATION ACT.
CANCER COMMISSION.
NEW YORK WORLD’S FAIR.
Term “operation” does not authorize expenditures for World’s Fair exhibit.
38-38 Oct 4 COUNTY COURTS. Contributions by counties to State Social Security Commission.
38-38 Dec 22 CANCER COMMISSION. County Courts should transmit payment for indigent patients to the State Treasurer, where it becomes a part of the General Revenue Fund.
39-38 Jan 20 INSURANCE DEPARTMENT. State not liable for fees of special counsel not employed as provided by statute.
39-38 Feb 3 INSURANCE. Compensation that may be paid insurance examiners for examination of foreign and domestic companies doing business in this state and method of accounting.
39-38 Feb 14 LIQUOR CONTROL. (1) Counties not authorized to issue licenses, but should give dealer something as evidence or proof that he had paid county fee.
(2) Person not paying county fee is subject to prosecution and his state liquor license may be revoked.
(3) County Court may not pay salary of employee of Liquor Department.
39-38 Mar 18 COLLECTORS. Collector’s compensation for deputy hire and expense of office.
39-38 Mar 28 INSURANCE. Marsh & McLennan-Case, Thomas & Marsh Incorporated may not engage in the insurance business in Missouri under their charter.
39-38 June 10 CITIES, TOWNS AND VILLAGES.
MUNICIPAL PLANTS.
City officers may purchase securities with customers’ deposit funds.
39-38 July 11 JUSTICE OF THE PEACE. Number to be elected annually.
39-38 Oct 10 INSURANCE DEPARTMENT. Approval as to the form and sufficiency of the papers submitted in connection with the increase of capital stock of the St. Louis Fire and Marine Insurance Company.
39-38 Oct 20 INSURANCE DEPARTMENT. Approval of Articles of Incorporation of the United States Health and Accident Company, proposed to be formed under Art. 4, Chap. 37, R. S. 1929.
39-38 Dec 15 TAXATION. County road and bridge tax is a part of the levy for county purposes.
41-38 Jan 12 PROBATE COURTS. Administration of Inheritance Tax Laws.
41-38 Feb 4 BANKS & BANKING. Circuit Court has no authority to appoint auditor to audit the accounts of liquidation and order same paid out of trust estate.
41-38 Mar 10 BANKS & BANKING. State banks and trust companies, members of Federal Reserve System, not exempt from paying contributions under Unemployment Compensation Law.
41-38 June 21 BOND.
COMMISSIONER OF FINANCE.
Approval as to form of rider to be attached to Bond No. 39104-07-290-37 (T. Mahan Smith).
41-38 Aug 9 TAXATION AND REVENUE.
SALES TAX.
Construction of the words “successor” and “purchaser” Section 23, 1934 Extra Session Acts and Section 28 of the Session Acts of Mo. For 1935 relating to Sales Tax.
42-38 Apr 4 COLLECTOR TOWNSHIP. Income taxes collected by said officer should be included with other state and county taxes collected by him, and this total sum used as a basis for arriving at compensation.
42-38 May 19 MUNICIPALITIES. Mayor may cast deciding vote, in cases of tie vote of council in cities of Third Class.
42-38 Sep 28 TAXATION. Certificate of purchase from county superior to certificate from city under Jones-Munger Act.
43-38 Jan 11 COUNTY BUDGET ACT. County court may pay additional salary of deputy circuit clerks if there remains a surplus at the close of the fiscal year.
43-38 May 6 SCHOOLS. Directors of school district are not liable criminally for transferring funds indirectly from the teachers’ fund to the building fund. The action is irregular but in the absence of any embezzlement or other crime directors are not liable.
43-38 May 7 FISH AND GAME.
TRAMMEL NETS.
Session of trammel nets in violation of the game and fish laws.
43-38 June 8 SHERIFFS FEES. Mileage—how determined.
43-38 Aug 10 SALARIES AND FEES.
TOWNSHIP TRUSTEE.
1. Township trustee’s commissions based on total amount received and disbursed during each year.
2. Township trustee only entitled to commissions on disbursements made for expenses of the township as set out in Sec. 12303, R. S. Mo. 1929.
43-38 Aug 24 SCHOOLS. County Court cannot discount or compromise a loan made out of the school funds.
43-38 Sep 1 TAXATION.
SALE FOR TAXES EXTINGUISHES ALL PRIOR LIENS.
Deed issued by Collectors for lands sold for delinquent taxes supersedes and extinguishes lien of a deed of trust which was on such lands prior to such sale.
44-38 Feb 14 MISSOURI SCHOOL FOR THE DEAF.
BOND.
Against public policy for Board to pay for bond supplied by Steward for himself and written by himself as agent for the Insurance Company, unless complete disclosure of all the facts has been made and approved by the Company.
44-38 Mar 4 COMPTROLLER OF THE CITY OF SAINT LOUIS. Acts in the capacity of county court in receiving application to enter the school as set out in Section 9697 R.S. Mo. 1929.
44-38 July 20 TAXATION.
POLL TAXES.
TAXATION.
MUNICIPALITIES.
AUTOMOBILE TAXES.
Incorporated villages can levy and collect a poll tax. Incorporated villages may, by ordinance, levy and collect automobile license tax.
45-38 Jan 21 ELEEMOSYNARY BOARD.
INSPECTION OF CITY HOSPITALS.
RESPONSIBILITY OF ELEEMOSYNARY FOR PATIENTS IN ST. LOUIS CITY HOSPITAL.
Board of Managers of Eleemosynary Institutions, or the President of the Board, may inspect St. Louis City Sanitarium when it deems advisable for verifying claim of such institutions for state aid. The Board has no legal responsibility either for the conduct of patients in such institution or for inspection and investigation of the sanitarium as a subsidiary.
45-38 Jan 27 INSANE PERSONS. Should be committed by county court if paupers; by guardian or relatives if pay patient; and eleven other questions.
45-38 Jan 31 Honorable A. Lamkin James WITHDRAWN
45-38 Feb 14 ELEEMOSYNARY INSTITUTIONS.
APPROPRIATIONS.
Appropriation for Mt. Vernon Sanatorium for personal services only for those specifically mentioned.
45-38 May 6 TAXATION. Personal property used exclusively for charitable purposes not exempt from taxation.
45-38 June 22 CRIMINAL COSTS. Fees of sheriff in summoning a standing jury is audited by the county, but fees for summoning a special venire is audited by the State Auditor and not by county.
45-38 Aug 31 PUBLIC SERVICE COMMISSION. Hauler under irregular route permit may pick up property at a point on a regular route and discharge property along a regular route so long as it is not a point described in a regular route permit.
45-38 Dec 16 ROADS. Road overseers can only be appointed in February after the convening of the new county court.
45-38 Dec 21 COLLECTOR. Deputies may not be reimbursed for costs expended in procuring bond to protect collector, under provisions of Section 1, Laws of Missouri, 1937, page 190.
45-38 Dec 22 ELEEMOSYNARY BOARD. Purchase of real estate should be made through the purchasing agent.
45-38 Dec 30 APPROPRIATIONS. Construction of Appropriation Act, Laws of Missouri 1937, page 52.
46-38 Feb 10 Mr. W. D. Jones WITHDRAWN
46-38 Feb 16 BONDS. Premium of surety bonds of circuit clerk if consented to by the governing body in accordance with Section 1, page 190, Session Laws of 1937, must be paid by the county court direct and not allowed under the County Budget Act of 1933.
46-38 June 23 SALARIES AND FEES.
CONSTABLES.
INQUESTS.
Constables may charge a fee of one dollar for summoning a jury for a coroner’s inquest.
46-38 Nov 28 TAXATION AND REVENUE. Property sold for general taxes under Senate Bill No. 94 vest title in the certificate holder upon the delivery of a deed unless parties in interest have exercised their right of redemption within the statutory period. Certificate holder must pay all subsequent and prior unpaid taxes.
46-38 Dec 28 PROBATE COURT. Probate Judge cannot require security for costs in an insanity hearing.
47-38 Jan 10 WEEKLY DRAWINGS. Lotteries
47-38 Feb 18 MOTOR VEHICLES. Exemption of the operation of a school bus from control and regulation by the Public Service Commission.
47-38 Apr 7 SPECIAL ROAD DISTRICT.
COUNTY COURTS.
County court cannot levy different rates in different special road districts for special road and bridge tax.
47-38 Aug 15 LIQUOR CONTROL. What may be displayed in show windows and supplement.
47-38 Sep 20 ELECTIONS. Timely application for absentee ballot must be made.
47-38 Oct 8 Hon. O. A. Kamp WITHDRAWN
48-38 Sep 15 ELECTIONS. County committee may certify nominations to fill vacancies on ticket not later than ten days before election.
49-38 Mar 18 SCHOOLS. Board of Education need not print the names of candidates for directors on the ballot, but if names are printed all known candidates should have their names on the ballots.
49-38 Mar 29 HEALTH.
COSMETOLOGY AND HAIRDRESSING.
QUALIFICATIONS FOR EXAMINATION.
Persons who have had one year training under registered operator of business of cosmetology and hairdressing and who possess the other qualifications prescribed by the statute, may take the examination for registered operators.
49-38 June 15 SCHOOLS. If board members withdraw their resignations before the county superintendent accepts or fills the same, the withdrawals are legal and no vacancies exist.
49-38 Sep 27 SCHOOLS.
BUILDING AID.
Building aid, as provided by Sec. 19, Laws of Mo. 1931, page 346, is payable only to consolidated or enlarged school districts.
49-38 Oct 1 ELECTIONS. Registrars in cities of 10,000 to 30,000 population should be elected every two years.
51-38 Feb 2 PENAL INSTITUTIONS. Sufficiency of formal account in demands for expenses of Reformatory inmates.
51-38 Feb 4 Hon. Charles F. Lamkin, Jr. WITHDRAWN
51-38 Feb 14 TAXATION. The lien for State and County taxes, in Missouri, attaches on the first day of June of the year preceding the year in which said taxes become payable, and the Federal Government, when purchasing lands after said lien has attached, should pay said lien, notwithstanding an opinion of the Dept. of Justice at Washington to the contrary. Supplementary to opinion #90. Wm. H. Tandy 6-19-35.
51-38 May 7 SCHOOLS. School board acting on own initiative, without ratification of qualified voters (Sec. 9195, R. S. 1929), cannot issue warrants for tuition and cost of transporting pupils.
51-38 May 17 SCHOOLS. Two directors cannot function legally without proper notice to the third director. Injunction is the proper remedy to prevent two members from acting illegally.
51-38 Sep 29 ELECTIONS.
COUNTY BUDGET.
If petition under Section 12805, election on restraining of animals should be held even though costs exceed the estimate for elections in budget.
51-38 Oct 19 RAILROADS.
RATES FOR SPECIAL ROAD DISTRICTS.
Railroads may make special rates for hauling road materials for special road districts.
51-38 Nov 16 COUNTIES. Judgment on a warrant gives no preference, outstanding warrants paid out of surplus in the order of their presentation and registration.
52-38 June 27 STATE HIGHWAY PATROL. Witnesses’ fees earned by members may be retained except in state criminal cases. Where retained expenses are not reimbursed by State.
53-38 May 18 ELECTIONS.
OFFICERS.
An officer may not be elected to another office during the term of his office, and if he is elected and enters upon the duties of such other office, a vacancy exists in the office held and an appointment to fill the vacancy is in order.
54-38 Jan 27 TAXATION AND REVENUE. A deed delivered under and by virtue of Section 9957a of Senate Bill 94 extinguishes the liens of city sewerage districts insofar as such liens apply to the period prior to the issuing of the certificate of purchase.
54-38 June 8 ELECTIONS. Declaration which fails to state township in which candidate for J.P. desires to run in primary is insufficient.
54-38 July 5 CITIES. Cities of the fourth class must publish financial statement in legal publication.
54-38 Sep 9 SHERIFFS. Section 11791 R.S. Missouri 1929, construes as to when a person is in custody of sheriff undergoing examination preparatory to his commitment; Sheriff entitled to $1.25 per day for his services and $1.25 per day for the board of such persons, provided the number of days shall exceed one.
54-38 Sep 16 COUNTY COURTS.
COUNTY FAIRS – PURCHASE OF LANDS, ERECTION OF BUILDINGS AND APPROPRIATIONS OF MONEY FOR.
County Court may purchase lands, erect buildings and appropriate public funds to county fair associations by following the procedure set out in Section 12490, RSMo 1929, and Sections 12508 and 12509, Laws of Missouri 1931, page 133.
54-38 Oct 10 COUNTY COURTS.
SCHOOL FUNDS.
MANAGEMENT OF LANDS PURCHASED UNDER FORECLOSURE.
County courts may lease, rent, or manage lands purchased under foreclosure of school fund mortgages and shall sell the same at earliest date practicable.
54-38 Oct 26 INFORMATION. Form of for lottery.
54-38 Oct 28 TAXATION. When owner must reimburse purchaser of property at sale for delinquent taxes, for improvements.
54-38 Nov 2 HIGHWAY PATROL.
PARKING CARS ON SHOULDERS OF THE HIGHWAY.
Highway patrolmen in performing their duties in regulating movement of traffic may prohibit parking on shoulders of highways, and persons so parking may be prosecuted for obstructing the highway, under Sec. 7932, R.S. Mo. 1929.
54-38 Nov 18 TAXATION. Damages on dog tax must be paid as proved from March first until March first.
54-38 Nov 23 LOTTERY. “Job Day”
54-38 Nov 28 RECORDER. If instrument is a recordable one under Section 11543 and is properly acknowledged recorder must record same regardless of other defects.
54-38 Dec 22 ASSESSORS.
TAXATION.
Personal property which assessor has failed to assess cannot be assessed after books have been turned over to collector.
55-38 Dec 29 LOTTERIES. “Somebody’s Night”
55-38 June 7 ELECTIONS.
PRIMARY.
Last day for candidates to file for August Primary – June 3, 1938.
56-38 Mar 24 BANKS & BANKING.
LIQUIDATIONS.
Court orders in sales of real estate of banks in liquidation need not be recorded in counties where liquidation is being had.
56-38 June 3 BANKS & BANKING.
CORPORATIONS.
SAFE DEPOSIT COMPANIES.
Safe Deposit Companies may be incorporated under the provisions of Article 7, Chapter 32, R. S. Mo. 1929.
56-38 June 22 CRIMINAL PROCEEDINGS. Prosecution of an Indian, ward of Federal government as any other citizen.
56-38 July 22 CRIMINAL LAW.
FALSE PRETENSES.
The statute applying to obtaining property, etc., by false pretenses is not violated by obtaining such property by promises.
56-38 Sep 9 ELECTIONS.
PROSECUTING ATTORNEY.
Must have resided in county twelve months prior to general election before name can be placed on ballot.
57-38 Jan 8 PROBATE COURTS. Statute does not authorize a fee to the Probate Court for finding no tax due in an estate.
57-38 Jan 27 PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
AGE LIMIT.
Only male persons under seventeen years of age at the time of committance of act for which they are sentenced may be received at the Missouri Training School for Boys.
57-38 Feb 12 CARRYING CONCEALED WEAPONS. A violation of Section 4029 R. S. Mo. 1929. Pistol carried in cab of truck.
57-38 Feb 15 MISSOURI TRAINING SCHOOL.
DELINQUENT.
Costs of transportation of boys to be paid by state or county; Costs of transportation to reformatory paid by county.
57-38 Feb 17 PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
WHEN MALE PERSON BETWEEN 17 & 21 YRS. MAY BE COMMITTED.
Boys from 17 & 21 charged, tried & convicted as delinquents in Section 14159 R.S. Mo. 1929 may be sent to Missouri Training School for Boys.
57-38 Feb 21 SHERIFF. Sheriff is entitled to payment for board of prisoners fixed by his local county court where he has charge of prisoners coming from another county that has no jail.
57-38 Mar 14 Mr. G. Logan Marr WITHDRAWN
57-38 Mar 22 JURISDICTION. Right of trial court to entertain the setting aside of the verdict after case has been appealed.
57-38 Apr 2 PROSECUTING ATTORNEY. Can bring civil suit for county or state without order from county court.
57-38 Apr 14 MOTOR VEHICLES. Kansas resident with previous year’s license may be prosecuted in Missouri after February 1st.
57-38 May 11 SCHOOLS. A teacher may be employed who before teaching school under her contract will become legally qualified by the proper certificate although at time of employment was not legally qualified.
57-38 June 4 COUNTY COURTS. Cannot pay check charge on checks given in payment of taxes.
57-38 June 7 POTATO INSPECTION. Meaning of term “shipper”.
57-38 June 9 PAROLES. Time remaining to be served under a parole where there is a second conviction during such time.
57-38 June 30 FISH AND GAME. Commercial fishing in the Osage River at points formed by the Lake of the Ozarks.
57-38 July 8 COUNTY COURTS.
OFFICERS.
The County Court is not authorized to pay attorney fees for defending the Collector in a civil suit charging official wrongdoing of the Collector. The defense of the suit is a personal matter and the County is not concerned.
57-38 July 14 GAME AND FISH. Drum fish are not perch.
57-38 July 27 CONTRACTS. Construction of contract for water softener at Intermediate Reformatory, Algoa.
57-38 July 28 LIQUOR CONTROL ACT. A householder cannot brew in his own home for home use or have in his possession by transporting in his car for his guests and himself, any intoxicating liquor, which includes home brew of alcoholic content of more than 3.2 per cent, as it violates terms of Sec. 8, Laws of 1933-34, Extra Session, p. 80.
57-38 Aug 17 CRIMINAL LAW. Justice Courts have no jurisdiction to sentence defendants on graded felonies, but Prosecuting Attorney may file a lesser charge on his own information and belief.
57-38 Aug 25 PENAL BOARD. No statutory reward payable for the recovery of escaped convicts who are found dead.
57-38 Sep 24 ELECTIONS. Certificate of nomination which is not acknowledged is faulty and should not be accepted by the county clerk.
57-38 Oct 18 TAXATION.
DELINQUENT SALES.
Holder of second certificate of purchase of delinquent lands sold for taxes must immediately pay amount provided by statute in order to retain his rights of priority over the holder of the first certificate of purchase, and failure to do so forfeits such rights to the holder of the first certificate.
57-38 Nov 30 ANIMALS.
TAX ON DOGS.
License tax on dogs must be paid on or before February 1st.
57-38 Dec 5 SHERIFF. Sheriff is prohibited from transporting or committing females to the State Industrial Home for Girls or the State Industrial Home for Negro Girls.
57-38 Dec 16 COUNTY COURT. The County court may place the county jail in the basement of the courthouse.
57-38 Dec 22 PROSECUTING ATTORNEYS. Basis for determining salary.
57-38 Dec 29 CRIMES & PUNISHMENT. Where statute of limitations runs and when suspended, on felonies and misdemeanors. State must have consent of U.S. Attorney General to obtain Federal Prisoner for trial in State court.
58-38 June 1 BUILDING AND LOAN. Five shares required of directors may be full paid or installment shares. Directors having loans before Section 5593 went into effect do not have to liquidate same.
58-38 Aug 15 CRIMINAL COSTS. Witness fees uncalled for in the county treasurer’s office should be held one year from the time of the receipt of same before returning to state treasurer or county revenue fund.
58-38 Sep 21 BUILDING AND LOAN. Board of directors may set up “participating reserve fund” if permitted by by-laws. Shares must be distributed pro rata.
58-38 Nov 29 TAXATION AND REVENUE. Lands sold under Senate Bill No. 94 for the taxes of several years should be sold at one time for all the taxes charged against the land, which are delinquent, at the time of such sale.
58-38 Dec 1 BUILDING AND LOAN. Sewer district trustees are not “trustees of trust funds” so that excess money may be invested in building and loan shares.
58-38 Dec 1 BUILDING AND LOAN. Supervisor does not have right to remove officers of associations because of inefficiency or incompetency, nor the right to force a merger.
58-38 Dec 22 BUILDING AND LOAN. Association may not purchase Class “B” shares. Officer of association may purchase shares through broker providing broker does not mislead seller.
59-38 Mar 19 ELECTIONS. In counties of 200,000 to 400,000 population, clerk of Board of Election Commissioners cannot hold office of treasurer of municipality.
59-38 Mar 30 LABOR DEPARTMENT. Appropriation for Department of Labor and Industrial Inspection not limited to $65,000 for biennium.
59-38 May 4 Board of Election Commissioners WITHDRAWN
59-38 May 7 LIQUOR CONTROL. Supervisor cannot reopen, set aside or change decision in closed case.
59-38 May 23 LIQUOR CONTROL. Intoxicating beer must be inspected and the inspection fee paid while the beer is in hands of brewer. If distributor desires to bottle bulk shipment of beer, he must procure proper label and affix on said bottles or containers.
59-38 July 26 COURTS. Where Judge of Circuit Court dies, Judge of another Circuit Court cannot hold term of court in circuit where vacancy is.
59-38 Aug 18 PEDDLERS. What constitutes selling as a peddler so as to require license as such.
59-38 Aug 20 Colonel E. J. McMahon WITHDRAWN
59-38 Sep 24 ELECTIONS. Must have resided in county 12 months prior to general election before name can be placed on ballot for Prosecuting Attorney.
59-38 Oct 13 LIQUOR CONTROL. Supervisor does not have the power, when license is revoked, to refuse to issue to another person a license covering the same premises.
59-38 Oct 24 Honorable E.J. McMahon WITHDRAWN
59-38 Nov 14 Honorable E.J. McMahon WITHDRAWN
59-38 Dec 8 INTOXICATING LIQUORS.
STUDENTS.
Section 11558, R. S. Mo. 1919, prohibiting sale of intoxicating liquors to students stands repealed.
59-38 Dec 31 INTOXICATING LIQUOR. Conviction for violation of laws other than liquor laws does not result in automatic revocation of liquor license.
60-38 Jan 4 ARMORIES. State Board of Education can accept titles to property for the state subject to restrictions.
60-38 Jan 22 SOLDIERS’ BONUS. Wife of deceased soldier may claim his bonus.
60-38 Jan 28 THE CHATTEL MORTGAGE. A chattel mortgage cannot be released, which was filed by the mortgagee with an assignment in blank attached without presenting chattel mortgage and note in accordance with Section 3099 Laws of Missouri 1935, page 209.
60-38 Feb 3 SCHOOLS. Method of Changing site of school location in consolidated districts.
60-38 Feb 4 SCHOOLS. Apportionment of railroad taxes received by school districts should be divided according to levies made by the school district for the various funds.
60-38 Feb 8 CONSTABLE. Jurisdiction in an adjoining township.
60-38 Feb 17 SOLDIERS’ BONUS. Deceased soldiers’ bonus is payable to widow, when.
60-38 Mar 21 BONUS. Payable only on basis of actual service.
60-38 Mar 24 HOSPITALS. When a benevolent institution, and when engaged in the practice of medicine.
60-38 May 3 NATIONAL GUARD.
MILITARY COUNCIL.
MEDALS.
Awards and medals may be granted only to those prescribed in Laws of Missouri, 1931, page 262.
60-38 May 17 Mr. Emory C. Medlin WITHDRAWN
60-38 June 15 SOLDIERS’ BONUS. S.A.T.C. (Student Army Training Corps) not disqualified from receiving Missouri State Soldiers’ Bonus.
60-38 July 16 ARMORY. Missouri National Guard may spend armory appropriation on 99-year lease.
60-38 Dec 1 SOLDIERS’ BONUS. Residence for twelve months prior to April 6, 1917, should predicate all claims for Missouri bonuses.
60-38 Dec 3 NEPOTISM. Under the Civil Rule, the degree of relationship of a third cousin is not such as is prohibited by Section 13, Article XIV, Const. of Missouri.
61-38 May 19 OFFICERS.
MUNICIPAL CORPORATIONS.
DE FACTO AND DE JURE OFFICERS.
ACTS OF.
The official acts of municipal officers whether they are acting as de jure or de facto officers have the same force and effect upon the third persons and the public.
61-38 May 26 TAXATION. Failure of Board of Aldermen and City Collector to follow statute pertaining to accounting between board and collector does not affect validity of city tax.
62-38 Jan 12 SHERIFF. Fee for attending county court, when court meets with Board of Equalization, Drainage and Levee District Boards.
62-38 Jan 20 COUNTY COURT.
SCHOOL FUND LOAN.
County Court may not abandon compound interest thereon and accept simple interest in lieu thereof.
62-38 Feb 23 LOTTERY.
SHO-BONUS.
The plan “Sho-Bonus” is a lottery. 
62-38 Mar 17 COUNTY COURT. Must turn over proceeds of bond issue for poor relief to Social Welfare Board under Section 12938 R.S. Missouri 1929.
62-38 Mar 21 TAXATION. An annual franchise tax is required to be paid by every corporation organized and existing under the laws of this state in each year.
62-38 Dec 28 PEDDLERS.
LICENSE.
(1)Merchant who takes merchandise from one farm sale to another to sell at auction must have peddler’s license.
(2) Auctioneer’s license necessary, if facts warrant, under Chapter 111, R.S. 1929.
63-38 Mar 9 SCHOOLS. The notice of election to vote on bond issue should contain the time the polls open and also the time they close.
63-38 July 11 LIQUOR CONTROL. County court not authorized to return fee paid county by applicant when applicant’s application for state license is afterwards refused.
63-38 Dec 3 TAXATION.
SCHOOLS.
(1) How collector may be relieved of illegal taxes on his books.
(2) Money illegally collected for one district cannot be credited to district where it rightfully belongs, but must be credited as indicated.
(3) Error in extension of school tax may be corrected in supplemental tax book.
(4) Taxpayer not entitled to credit for what he paid by reason defective tax book unless the same was credited to district where it actually belongs.
(5) Tax so collected cannot be refunded.
64-38 Feb 21 TAXATION. Authority of a county to levy a tax, in addition to the constitutional maximum, to pay outstanding warrants.
64-38 Mar 22 SCHOOL FUND MORTGAGE.
SALES OF FORECLOSURE.
Sales under foreclosure of school fund mortgages can only be had on some day during the term of the circuit court.
64-38 Apr 14 MORTGAGES. Mortgages of a Building and Loan Association are not taxable.
64-38 May 26 SPECIAL ROAD DISTRICTS. Tax may not be levied on property subsequent to date of levy.
64-38 June 2 COUNTY ROAD AND BRIDGE FUND. Where county has no highway engineer and county surveyor has not been designated by county court to supervise or substitute for engineer, road and bridge funds shall be placed in one general road fund under Section 7890, R. S. 1929, but must be apportioned to the various road districts under Section 7891, R. S. 1929.
64-38 Aug 5 ROADS. Territory embracing only part of a town cannot be incorporated under Section 8024, R.S. 1929.
64-38 Oct 28 POLITICAL PARTY COMMITTEE. Action of individual members of committee not taken at a committee meeting is invalid.
64-38 Dec 6 ROADS. The proper remedy to question the validity of the organization of a special road district under Section 8024, R. S. Mo. 1929, is quo warranto by the prosecuting attorney of the county.
64-38 Dec 15 COUNTY BUDGET ACT. County Treasurer cannot pay unregistered warrants out of Class 2 when there are registered warrants outstanding payable out of Class 1.
65-38 Jan 10 ELECTIONS.
OFFICERS.
WOMEN HOLDING OFFICE OF TRUSTEE IN VILLAGES.
Women may be elected to the office of trustee in towns and villages.
65-38 Feb 17 MOTOR VEHICLES. Section 7774 is to be treated as a criminal statute.
65-38 Feb 23 LICENSE TAX. A village cannot subdivide merchants as a class and levy an unequal tax on a subdivided class.
65-38 Mar 21 CIRCUIT CLERKS. Circuit clerks and recorders in counties of more than 20,000 and less than 200,000 cannot be separated by another election under Section 11538.
65-38 Mar 24 ELECTIONS.
PRIMARY.
Last day for candidates to file for August Primary, June 3, 1938.
65-38 Apr 21 ELECTIONS. Clerk of election who was not a legal voter at such election does not invalidate the election.
65-38 Apr 26 CITIES, TOWNS AND VILLAGES.
BOARDS OF PUBLIC WORKS.
Powers and Duties of Board of Public Works in Cities, Towns and Villages.
65-38 May 23 CRIMINAL COSTS. Complaining witness in a misdemeanor before a justice of the peace on a charge of careless and reckless driving is not liable under Section 3444, R. S. Mo. 1929 for costs where defendant is acquitted but costs must be paid by the county.
65-38 May 24 COURT COSTS. In a proceeding to preserve the peace, either the complainant or defendant may be adjudged to pay the costs and in no event shall the county be liable for costs. Prosecuting attorney need not appear for complainant in such cases.
65-38 June 10 OFFICERS. One person may hold both the office of Justice of the Peace and Township Committeeman.
65-38 June 30 MUNICIPAL CORPORATIONS.
ELECTRICITY.
City owning electric light plant may sell surplus electrical energy to persons outside corporate limits, under certain conditions.
65-38 July 8 ELECTIONS.
PRIMARY.
Candidates for Representative in Congress may withdraw even though his name has been certified out to the several County Clerks. Pederson permitted to withdraw as candidate for Congress.
65-38 July 22 CRIMINAL LAW.
PRELIMINARY EXAMINATION.
If defendant is discharged by justice at the preliminary examination prosecuting attorney may file complaint before any other justice in the county.
65-38 Aug 12 GAME AND FISH. Provision for election by counties on question of closed season for shooting quail not repealed by Amendment No. 4, Laws of Missouri, 1937, page 614.
65-38 Aug 22 CRIMINAL COSTS. State Highway Patrol Officer not liable for costs in a misdemeanor where the defendant is acquitted by a jury, without judgment of malicious prosecution, or is not liable for costs for arrest and conviction on a vagrancy charge, or acquittal in an arrest in a felony case before a jury.
65-38 Dec 23 OFFICERS.
ELECTIONS.
Any officer-elect may assume the duties of office on Sunday, January 1, 1939, if he has taken the oath of office prior thereto.
66-38 Feb 4 ASSESSORS. It is the duty of the County Assessor to compile a land list or real estate book for assessment purposes, and the County cannot necessarily be required to pay the Assessor therefor. Supplemental opinion to #59-8-24-37.
66-38 Feb 16 TAXATION. Under Jones-Munger law an occupant or any interested party, as well as the owner, may redeem from tax sale.
68-38 Jan 5 ROADS AND BRIDGES.
TAXATION.
SPECIAL ROAD DISTRICTS.
COUNTY COURTS.
COUNTY HIGHWAY COMMISSION.
Taxes levied and collected on properties in special road districts, for the road and bridge fund shall be turned over to such special road district and county court may use such taxes that it receives on account of the road and bridge fund tax for improvement of roads of the county highway system.
68-38 Mar 14 CARTOON CONTEST. Lottery.
68-38 Aug 8 ELECTION EXPENSES.
MUNICIPAL CORPORATIONS.
Lawful obligations of a municipality payable from general funds unless law specifically provides otherwise.
68-38 Nov 10 POLL TAXES. Poll taxes in towns and villages not repealed by Laws of 1937, page 440.
68-38 Dec 12 ELECTIONS.
JUSTICES OF THE PEACE.
Justices of the Peace can only be elected at “off-year” election. Error on ballot must be objected to before election.
68-38 Dec 28 CONTRACTS. Manner of signing Cooperative Agreements with federal government by Missouri State School for the Deaf.
69-38 Jan 14 HEALTH.
HOTELS.
INSPECTION OF ROOMS.
NUMBER OF ROOMS.
HOW DETERMINED.
Inspectors of State Board of Health are authorized to inspect all rooms of hotel to determine whether or not the provisions of article 7, chapter 93 R.S. Mo. 1929 are being complied with. Number of rooms for living purposes as ascertained by number assignable to guests.
69-38 June 28 INSPECTION OF BEVERAGES. Right to inspect and collect fee therefor.
69-38 July 29 PHYSICIANS AND SURGEONS. The practice of Physio-Therapy; Swedish Massage, Hydro-Therapy, Electro-Therapy and Naturopathy is a practice of medicine and surgery and within the provisions of the law requiring a license therefor.
69-38 Nov 12 FUNERAL DIRECTORS. Municipal license requirements to operate.
69-38 Dec 28 CHICORY. May not be used in coffee as it constitutes an adulteration of food.
70-38 Jan 28 PROSECUTING ATTORNEY. In a county containing a population of 11,764, the county court cannot grant an extra fee to the prosecuting attorney for an opinion rendered to the county court and the Federal Government.
70-38 June 16 ELECTIONS. In Jackson County outside of Kansas City, Board of Election Commissioners should publish notice of election.
70-38 June 24 NEPOTISM. Judge of Probate Court receiving personal service from relative within fourth degree does not violate Sec. 13 Art. XIV where such relative is not appointed to an official position.
70-38 Aug 26 INTOXICATING LIQUOR. Unlawful to supply habitual drunkard with intoxicating liquor.
70-38 Oct 27 Hon. James. H. Pettijohn WITHDRAWN
70-38 Dec 22 ASSESSORS. Township assessors entitled to be paid for taking list containing only real estate in view of Laws of 1937, p. 570.
71-38 Jan 3 COSTS.
HABEAS CORPUS.
Costs cannot be taxed against any party to a habeas corpus proceeding.
71-38 Jan 8 COUNTY TREASURER. If warrant is presented when no funds are available to pay the same, County Treasurer should follow the provisions of Section 12171, R. S. 1929.
71-38 Feb 8 Honorable Leo A. Politte WITHDRAWN
71-38 Mar 8 CONSERVATION COMMISSION ACT.
SCHOOLS.
Fines collected for violation of the Game and Fish Laws go to the county public school fund and not to the Conservation Commission.
71-38 Apr 5 FISH AND GAME. Prosecutions under chapter 43 Revised Statutes of Missouri, 1929, must be commenced within one year from date of violation.
71-38 Apr 22 MOTOR VEHICLES.
SCHOOL BUS.
School bus privately owned must be registered and obtain license plates.
71-38 July 14 TAXATION AND REVENUE. Expense of printing lists of delinquent lands under the Jones-Munger Law shall be paid out of the county treasury.
73-38 Aug 5 COSTS. Sheriff entitled to fees, as set out in Section 11791, for duties performed under Section 3791, Session Laws 1937, page 222.
74-38 Feb 26 LOTTERIES. Weekly drawings.
74-38 Apr 12 JURIES.
PETIT AND ALTERNATE.
SHERIFF’S FEE FOR SUMMONING.
Regular panel of petit jurors summoned at each regular term of the circuit court for which sheriff receives $8.40 and mileage; alternate jurors only summoned when regular juror does not appear and when ordered by court.
74-38 May 4 SCHOOLS. Section 9284, R. S. 1929, governs the length of term of the school. The county superintendent cannot compel rural districts to hold more than eight months term.
74-38 June 24 LOTTERIES. Give-Away-Night.
74-38 Nov 25 CRIMINAL LAW.
VENUE.
A person receiving or holding stolen property may be informed against in any county in which he receives or holds such property.
75-38 Jan 17 SPECIAL ROAD DISTRICTS. Commissioners of special road districts organized under Article 9, Chapter 42, R. S. Mo. 1929, cannot levy tax for maintenance purposes, nor can they divert money raised for payment of interest and bonds to maintenance fund.
75-38 Oct 14 ELECTIONS. Signer of petition may withdraw names any time before sufficiency of petition is determined.
76-38 Jan 31 HEALTH.
DEFINITION OF PUBLIC HEALTH NURSE.
Public health nurse is one who is licensed and registered as a nurse in Missouri and who aids in the promotion of wholesome, sanitary condition of community at large and who is paid compensation out of the public funds.
76-38 Feb 3 INSURANCE DEPARTMENT. Approval of Affidavit of Change in Number of Directors of Postal Life & Casualty Insurance Company.
76-38 Feb 8 PROBATION OFFICER. (1a) Social Security Act does not repeal authority of county courts under Section 14182 R.S. Mo. 1929 to appoint county superintendent of public welfare. (1b) County Court may not appoint County Supt. Under Sec. 14182 as probation officer only. (2) Circuit Court has no authority to appoint probation officer under Sec. 14171 R.S. Mo. 1929 when County Court appoints county superintendent of public welfare. (3) Circuit Court may with approval of county court pay salary to probation officer under Sec. 14174 R.S. Mo. 1929.
76-38 Feb 23 INSURANCE DEPARTMENT. Approval of instruments changing name of the Trans-Mississippi Life Insurance Company to National Security Life Insurance Company.
76-38 Mar 15 INSURANCE DEPARTMENT. Approval of Articles of Association of the Atlas Life Society, amended for change to a stipulated premium life insurance company under Article 4, Chapter 37, R. S. 1929.
76-38 Apr 16 INSURANCE.
CORPORATIONS.
The foreign insurance corporations’ right to license is dependent not on charter powers, but on rights granted by license.
76-38 May 23 INSURANCE DEPARTMENT. Approval of papers in connection with the decrease of the capital stock of the National Security Life Insurance Company, a corporation. Art. 4, Chap. 37, R. S. Mo. 1929.
76-38 June 4 INSURANCE DEPARTMENT. Approval of papers, as to form and sufficiency, submitted in connection with increase of capital stock of Postal Life and Casualty Insurance Company under Art. 4, Chap. 37, R. S. 1929.
76-38 June 10 INSURANCE DEPARTMENT. Approval of papers submitted in connection with organization of Mutual Standard Casualty Company, Kansas City, Missouri, under Article 7, Chapter 37, R. S. Mo. 1929.
76-38 June 21 INSURANCE DEPARTMENT. Approval of form and sufficiency of papers submitted in connection with the Postal Life and Casualty Company, under Article 2, Chapter 37, Section 5776, R. S. 1929.
76-38 Aug 15 SHERIFFS. Must attend courts of record or criminal courts when in session whether his services be required or not.
76-38 Sep 2 WEAPONS. Owners of weapons are not required to register possession by the State of Missouri as is required under the National Fire Arms Act.
76-38 Sep 9 TAXATION.
SPECIAL ROAD DISTRICTS.
COLLECTION OF DELINQUENT TAXES.
The County Collector is the proper party to sell lands for delinquent taxes due special road districts.
76-38 Nov 3 INSURANCE DEPARTMENT. Approval of papers submitted in connection with increasing of capital stock and amending Article Fourth of the Articles of Incorporation of Utilities Insurance Company.
77-38 Jan 31 INSURANCE. Section 5768, Article IV, Chapter 37, R. S. Missouri 1929, requires policies issued under stipulated premium plan to specify sum of money payable upon happening of contingency insured against.
77-38 May 3 INSURANCE. Inter-indemnity or reciprocal insurance companies may write health and accident policies in this state and are required to comply with Senate Bill No. 126.
77-38 May 13 INSURANCE. Life insurance companies may provide a funeral benefit for natural death indemnity in health and accident policy.
77-38 May 24 ELECTIONS. Last Federal Decennial Census only bases for determining population.
78-38 Jan 14 SCHOOLS. (1) The Board cannot transfer teachers fund to the incidental fund; (2) Board is not liable personally for balance due teacher if contract is made within the anticipated revenue from every source; (3) Treasurer cannot pay warrants of 1936 out of 1937 funds.
78-38 Feb 10 WARRANT. Issued out of justice court in one county, how served in another.
78-38 Feb 24 FEES. Execution fee of One hundred twenty-five dollars provided for in Section 11791 R. S. Missouri 1929, not payable to warden of penitentiary.
79-38 Jan 26 ASSESSORS. Compensation in counties of 40,000 or less in view of Section 9756, R.S. Missouri, 1929, as amended in Laws of 1937, page 570.
79-38 Oct 29 ELECTIONS. Hotel keeper convicted of refusal to furnish list of tenants to election commissioner is not considered a crime connected with the exercise of right of suffrage.
80-38 Jan 6 RECORDER OF DEEDS. May purchase new abstract and index to trust deeds and be reimbursed by county court.
80-38 Dec 5 TAXES. Distribution of Private Car Tax.
81-38 Jan 4 RECORDER OF DEEDS. Cities of 600,000 or more and counties 200,000 to 400,000. Trustee’s Deeds. Recorders in cities of 600,000 or over and counties of 200,000 to 400,000 shall require that the unpaid obligations securing deeds of trust or mortgages be presented to him before recording Trustee’s Deeds under foreclosure for such mortgages.
82-38 July 8 COURT HOUSE REMOVAL. Sufficiency of Petition.
82-38 July 11 LOTTERIES. Shar-Sho Night is a lottery.
82-38 Aug 22 CIRCUIT CLERK. Circuit Clerk cannot appoint deputy without approval of the Circuit Judge.
82-38 Oct 26 TAXATION AND REVENUE. Certificate holder under Senate Bill 94 failing to pay subsequent taxes forfeits priority when said land is sold for same. Limitation of redemption begins to run on date of issuance of second certificate.
82-38 Oct 31 NEPOTISM. Sister-in-law of County Clerk, acting without official appointment and merely assisting clerk, without compensation, does not violate Art. XIV, Sec. 13, Mo. Constitution; but if sister-in-law is officially appointed deputy clerk, with or without salary, then it appears to be violation of the amendment.
82-38 Dec 8 RECORDER OF DEEDS. Recorder should not release a mortgage or deed of trust when a copy of the original note is used.
83-38 Jan 7 COUNTY COURT. Under Section 11794 R.S. Mo. 1929 County Court is not authorized to make an order for sheriff to receive a different amount for boarding prisoners charged with felony than the amount for prisoners charged with misdemeanor.
83-38 Jan 22 COUNTY BUDGET ACT. In counties of less than 50,000 inhabitants not necessary for officer to call for bids, by advertising or otherwise, for purchase of supplies.
83-38 Feb 2 COUNTY TREASURER. Should refuse to pay criminal costs due Sheriff when sheriff is indebted to county for amount greater than such costs. May pay such costs when county court makes finding sheriff is not indebted to county.
83-38 Feb 5 SPECIAL ROAD DISTRICTS. Interpretation of proviso in Section 8026, Revised Statutes Missouri 1929.
83-38 Feb 21 SCHOOLS. Necessity for voting for free transportation annually – who may vote on proposition.
83-38 Feb 23 MILITIA. Same individual can be Adjutant General and Commander of the National Guard, but there is no salary provided for commanding the National Guard.
83-38 Feb 28 PENAL INSTITUTIONS.
PRISONERS.
BARBERS.
Prisoners may do barber work for guards and other employees of penal institutions if the commissioners of the department of penal institutions permit it.
83-38 Apr 6 SCHOOLS. The School Board of the Rural District has the right to pay for the nine months term without the vote of the inhabitants.
83-38 May 4 APPROPRIATIONS. Persons who care for graves must furnish receipts for expense items over $1.00.
83-38 May 16 SCHOOLS. Rural school district may condemn property adjacent to a school for playground purposes.
83-38 May 24 SALARIES AND FEES.
COUNTY JUDGES.
Jasper County Judges shall receive five dollars per day as salary as judge of the county court and twelve hundred dollars each per annum as members of the board of road overseers.
83-38 June 6 SCHOOLS. Rural school districts may condemn property adjacent to a school for playground purposes.
83-38 Aug 4 ARMORIES. County Courts’ authority to furnish sites to the State for armories. County Courts may give or convey lands of the County to the State for armories.
83-38 Aug 16 CIRCUIT CLERKS. Must hold money paid to them not satisfied of awards for damages in condemnation cases subject to the orders of the circuit court.
83-38 Aug 23 TAXATION.
CEMETERIES.
Only lands used for a cemetery or burial grounds are exempt from taxation, and real estate owned by a cemetery association and used for farming and residential purposes is not exempt.
83-38 Aug 24 LOTTERY. Automobile drawing scheme.
83-38 Aug 30 APPELLATE COURTS.
CLERKS.
Must comply with provisions of Section 1, Law Mo. 1933, page 415.
83-38 Sep 2 CRIMINAL COSTS. The State is only liable for the costs in juvenile trials on conviction before a jury, plea of guilty, acquittal, or dismissal under the general criminal law, where the punishment is solely imprisonment in the state penitentiary.
83-38 Oct 21 LIQUOR BONDS.
SALES TAX.
Sureties on liquor bonds not liable for payment of sales tax.
83-38 Nov 21 COUNTY BUDGET LAW. Surpluses may be transferred to take care of deficiencies in other classes at close of fiscal year, or if it can be definitely determined that sufficient funds will remain to take care of all outstanding and future obligations, transfer may be made before the close of the year.
83-38 Nov 21 STATE AUDITOR. Sales tax returns filed with the State Auditor are privileged communications.
83-38 Nov 30 SHERIFFS. Entitled to ten cents per mile for serving commitment to jail on a preliminary where the justice court is more than 5 miles from the county jail.
85-38 Jan 3 INTOXICATING LIQUOR. The operation of a disorderly house constitutes a public nuisance, and the proper procedure to abate a public nuisance is by injunction in a court of equity.
85-38 Jan 4 COUNTY OFFICERS. Need not devote all of their time to office unless necessary to fully discharge duties. Forfeits office by appointing relative to render service to the State.
85-38 Jan 7 CONSERVATION OF NATURAL RESOURCES. Board of Curators of the University of Missouri, through Agricultural Extension Service, to cooperate with Federal Government in connection with conservation of natural resources.
85-38 Jan 13 MOTOR VEHCILES. Courts are not authorized to grant stay of execution on judgment suspending or revoking drivers’ licenses.
85-38 Apr 2 SCHOOLS. It is not permissible for a school board, by a majority vote, to use the $50.00 deduction to be added to the equalization quota to liquidate indebtedness in the building fund.
85-38 Apr 6 APPROPRIATION.
SOLDIERS MONUMENT.
Traveling expenses of persons selected by Governor to “care” for monument and graves may be paid out of appropriation Laws of 1937, page 126.
85-38 July 23 ELECTIONS. Section 10206, R.S. 1929, construed as meaning one judge of each political party to act as receiving judge and likewise on judge of each political party to act as counting judge to count all the votes of each political party. In the event two additional judges are appointed, as provided in Laws of 1937, p. 234, four judges, two from each political party are to count the votes of all parties.
85-38 July 25 ELECTIONS.
CHALLENGERS.
COUNTY COURT.
Each candidate for office at primary election may not have challengers or witnesses within the polls but such challengers are selected by the committeeman and committeewoman of such precinct. Instruction of judges of election. County court not required to instruct judges of primary election.
85-38 July 30 ELECTIONS. 1. WPA officials and employees eligible to serve as judges and clerks of elections except in certain places.
2. No penalty for persons serving as judges and clerks who are disqualified by reason of employment.
3. Governor does not have control of election boards and election officials but may properly direct such election officials to execute the laws.
85-38 Aug 3 CITIES.
MUNICIPALITIES.
Cities of fourth class can pass and enforce an ordinance requiring dogs to be licensed and immunized against rabies.
85-38 Aug 27 STATE HIGHWAY COMMISSION. Not liable for maintenance of abandoned roads not part of state highway system.
85-38 Sep 2 TAXES.
RECEIVERS.
Duty of receiver to pay taxes; Duty to pay taxes.
85-38 Sep 7 MOTOR VEHICLES. Motor vehicles shall display to the front and sides of such vehicles white lights. The Commissioner of Motor Vehicles is authorized to determine whether or not lights submitted by manufacturers meet the requirements of the statutes.
85-38 Oct 13 FISH AND GAME DEVICES.
UNCLAIMED FEES TO BE TURNED INTO COUNTY TREASURER.
One or more ordinary hooks on a line may be used for catching fish provided they are only used as a lure and not for snagging or snaring fish.
85-38 Nov 18 MOTOR VEHICLES. If reconditioned motor is placed in car with identification number on frame the symbol “RC” should be placed before number on frame.
85-38 Dec 9 OFFICERS. The probate judge of a county under 200,000 population may be city clerk of a city under 200,000 population at the same time.
86-38 Jan 6 STATE HIGHWAY PATROL. Workmen employed on construction of radio patrol stations cannot be paid as employees of the patrol.
86-38 Mar 14 HIGHWAY PATROL. Section 20 of the State Highway Patrol Act, page 235, Session Laws of 1931, does not authorize maintenance of patrol out of money appropriated to state highway department. Article 4, Section 44a of the Constitution limits appropriation to enforcement of motor vehicle law and traffic violation.
86-38 Apr 14 CLERK OF THE HANNIBAL COURT OF COMMON PLEAS. Is entitled to added compensation as Clerk of the Juvenile Division, and such compensation should be based upon the population of Marion County.
86-38 May 24 Hon. Walter G. Stillwell WITHDRAWN
86-38 June 7 HIGHWAYS. Motor vehicle registration fees and state gasoline taxes are dedicated to State Highway purposes.
86-38 July 1 STATE ROAD FUND. Money paid to the State by the Federal Government for highway purposes must go into the State Treasury, and can be expended only upon warrants issued pursuant to appropriations.
86-38 July 29 NEPOTISM. If a candidate for presiding judge is elected and votes for the appointment of his wife’s blooded nephew as Superintendent of the Infirmary, he is subject to ouster; if he does not conspire, connive or agree to the appointment and votes against the same, he is not subject to ouster.
86-38 Aug 26 COURT HOUSES. County court has control over court houses and their use rather than sheriff.
86-38 Sep 7 MOTOR VEHICLES. Under Section 7759, R.S. Mo. 1929, an owner of an automobile dealing as an independent contractor is not an operator or chauffeur.
86-38 Nov 1 LOTTERY. Premium coupon books.
88-38 July 13 CANCER COMMISSION. Scientific research and printing supplies.
89-38 Mar 1 TAXATION.
SALES TAX.
CONDITIONAL SALES AND CHATTEL MORTGAGES.
TAX: WHEN COLLECTED.
Sales tax due and collectible at time title to tangible personal property passes unless the sale is a charge or time sale. If chattel mortgage and note are given for balance of purchase price, tax is to be collected.
89-38 June 17 ELECTIONS. Committeemen or committeewomen for county committee to be selected from wards of incorporated cities and from territory outside of such cities in the township.
89-38 July 29 MUNICIPALITIES.
BOND ISSUE.
VALUATION.
HOW DETERMINED.
Municipalities in determining the amount for which they may vote bonds shall use the assessment next before the last completed assessment as a basis of such bond issue.
89-38 Sep 21 ELECTIONS. Public utility company not entitled to have challengers and watchers in polls in a municipal bond election on the question of incurring indebtedness to buy or build municipal utility plant.
90-38 Apr 22 Hon. Sam E. Trimble, President WITHDRAWN
93-38 Jan 17 COLLECTOR OF ST. LOUIS. Collector of St. Louis County cannot retain an amount greater than $10,000.00 under Section 9935 Division 14 as amended by Session Laws of 1937.
93-38 Feb 8 SHERIFFS. Assistant taking patient to State Hospital allowed $4.00 per day. County court may furnish siren and red light for sheriffs privately owned car. May appoint deputies with approval of circuit judge.
93-38 Apr 9 DEATH WARRANT. Form of.
93-38 Sep 6 LIQUOR CONTROL. City council of third class city cannot delegate power to issue non-intoxicating permits. Duty of mayor to sign license issued is ministerial.
93-38 Sep 26 RECORDER OF DEEDS.
PUBLIC RECORDS – INSPECTION BY PUBLIC.
Any person may inspect the records in the office of recorder of deeds and make a memorandum or copy thereof, subject to reasonable rules and regulations made by the recorder.
93-38 Oct 26 TAXATION AND REVENUE. Clerk of city of the third class cannot legally collect county taxes. He has no duty to keep a record of the collection of such county taxes.
93-38 Dec 1 ELECTIONS.
JUSTICES OF THE PEACE.
TERMS.
Justices of the Peace who are appointed to fill a vacancy hold office until the next general election for county officers and Justices of the Peace, which is on each quadrennial period after November 1882.
94-38 Jan 11 ROADS AND BRIDGES. Warrants issued on special levy under Section 7891 bear interest.
94-38 Aug 30 CIRCUIT CLERKS. Expenses of Circuit Clerk of Jasper County.
95-38 June 7 TAXATION. Sales of admission tickets, cash admission, charges and fees to or in places of amusement, entertainment and recreation, games and athletic events are subject to sales tax by the City of St. Charles.
95-38 Aug 8 OFFICERS – SALARIES AND FEES – LIMITATIONS. 1. Constable is entitled to 10 cents per mile for serving jury summons for inquest.
2. Officer may make claim for any salary or fee provided the same is unpaid and the statute of limitations has not run.
95-38 Oct 18 COUNTIES. County court judges cannot borrow money to retire bond issue without assent of 2/3 of the voters.
96-38 Jan 20 ROADS & BRIDGES. Sections 8012 and 8013 do not give county highway engineer the authority provided therein over the Special Road Districts organized under Articles 9 and 10, Chapter 42, R.S. Missouri 1929.
97-38 Jan 10 TAXATION.
CAPITAL STOCK TAX.
STATE BANKS.
FEDERAL RESERVE STOCK.
Banks to include in returns for assessment of the bank stock for full amount invested in stock of the Federal Reserve Bank.
97-38 Jan 15 TAXATION. Tenant occupying premises for a term, may, within such term, redeem such premises from a holder of a certificate of purchase, within statutory period.
97-38 Jan 25 COUNTY OFFICER. Removal of a coroner from one county to another. He can continue to hold office.
97-38 Feb 5 OFFICERS CONSTABLES. Duties as to making arrests, carrying weapons, etc. deputy constable classed as a peace officer.
97-38 Apr 7 PROSECUTING ATTORNEYS. Where two or more defendants are jointly charged and convicted, a prosecuting attorney fee should be assessed against each defendant.
97-38 May 16 PROSECUTING ATTORNEY.
CIRCUIT CLERK.
COUNTY CLERK.
Cannot apply fees collected to salary and assign salary warrant to treasurer in lieu of paying said fees into treasury.
97-38 May 25 TAXATION.
NATIONAL MORTGAGE ASSOCIATIONS.
Bonds and/or debentures of National Mortgage Associations exempt from taxation.
97-38 June 3 CRIMINAL COSTS. Statute of limitations begins to run after conviction and sentence and not from the time of certification of a fee bill.
97-38 Oct 10 COUNTY COURTS. Mandatory for court to order election to restrain animals when proper petition is presented.
97-38 Nov 23 COUNTY COURTS. A judgment rendered by the county court can be executed the same as a judgment by the circuit court.
98-38 Feb 4 RECORDER. Recorder of Deeds is bound to require statutory fees before recording written instruments.
98-38 Feb 24 TAXATION.
RAILROADS, TELEPHONE, ETC, LIABLE FOR WHAT TAXES.
Railroads and other utilities similarly taxes owning or holding property on June 1, including property acquired on that date are liable for taxes thereon for the ensuing year.
98-38 May 14 STATE TREASURER. State auditor cannot surrender original documents, drafts or vouchers, but must be preserved in his office.
98-38 Aug 23 Hon. Conn Withers WITHDRAWN
98-38 Sep 16 Hon. Conn Withers WITHDRAWN
98-38 Oct 7 CHARITABLE TRUST. Eleemosynary Board authorized to accept gift in trust for use of inmates at State Hospital Number 3.
98-38 Oct 14 STATE TREASURER.
BANKS & BANKING.
Depository of State funds. State Treasurer without authority to settle and compromise State’s claim against failed bank.
98-38 Dec 7 COLLECTORS. Collectors may retain 2% collected on delinquent taxes in addition to regular fees.
99-38 Feb 4 ELECTION BOARD. Contract made by old Board for printing is binding on new Board.
99-38 Feb 14 MOTOR VEHICLES. Exemption of taxicabs from control by Public Service Commission.
99-38 Feb 17 ELECTIONS. Several questions on registration of voters in St. Louis.
99-38 Mar 8 ELECTION. Inmates of certain homes and shelters in St. Louis not disqualified to vote; from what address such persons should be registered.
99-38 Mar 9 ELECTIONS. Board of Election Commissioners of St. Louis have five whole days immediately preceding any election within which to make transfers of registration.
99-38 Mar 9 INTERMEDIATE REFORMATORY. No provision in law for prosecuting inmates for escaping from this institution; Sec. 3913 not applicable
99-38 Mar 15 LOTTERIES. Doctor Quizzer is a lottery.
99-38 Apr 28 ELECTIONS. Secretary of State not required to notify Board of Election Commissioners of St. Louis of candidates for primary who receive their votes solely in the City of St. Louis.
99-38 May 2 Mr. Carl F. Wymore WITHDRAWN
99-38 May 3 ELECTIONS. Candidates for unexpired terms should declare and file for the particular unexpired term to which they aspire to be elected.
99-38 May 12 COSTS. State is not liable for costs where a conviction or acquittal was had on a graded felony.
99-38 May 28 ELECTIONS. Judges and clerks of election in St. Louis are not employees of the Board of Election Commissioners, and the Board of Election Commissioners cannot, by resolution, designate Judges and Clerks of election as registration officers.
99-38 June 7 ELECTIONS.
PRIMARY.
Last day for candidates to file for August Primary – June 3, 1938.
99-38 June 20 ELECTIONS. Ordinance inconsistent with statutes is void.
99-38 June 21 ELECTIONS. What constitutes filing of declaration of candidates.
99-38 June 22 ELECTIONS. Names of candidates of Socialist party must be printed in newspaper notices.
99-38 June 22 MORTGAGES.
SCHOOL FUND MORTGAGES.
STATUTE OF LIMITATIONS.
RENEWALS.
Section 865, R.S. Mo. 1929 applies to school fund mortgages. School fund mortgage which has expired on account of statute of limitation may be renewed by the maker and will be supported by sufficient consideration.
99-38 June 25 ELECTIONS. Supplemental opinion to St. Louis Board of Election Commissioners.
99-38 July 1 ELECTION. It is proper in the City of St. Louis to set a date between the 10th and 20th day prior to primary election after which names of candidates cannot be withdrawn or any further changes made in the official ballot.
99-38 July 15 ELECTIONS. Board of Election Commissioners of City of St. Louis required to print on the official ballot the name of any candidate transmitted to them by the Secretary of State. Candidates have no right to make any change in their names given at the time of filing declaration after their names have been published as required by statute.
99-38 July 23 ELECTIONS. Board of Election Commissioners should send out absentee ballots immediately upon receipt of the printed ballots.
99-38 Sep 7 ELECTIONS. Temporary appointees appointed by judge or clerk of elections in St. Louis City to fill vacancies until a judge or clerk is appointed by the Board of Election Commissioners is not entitled to compensation for his services.
99-38 Sep 9 COUNTY COURTS.
WIDENING OF ROADS.
The County Court shall follow procedure prescribed by Section 7840, R. S. Mo. 1929, for the widening of the right-of-way of a road.
99-38 Oct 3 Hon. J. E. Woodmansee WITHDRAWN
99-38 Oct 11 ELECTIONS. Qualified voter does not lose residence by joining the Navy unless the intention shows otherwise.
99-38 Oct 12 CITY TREASURER. Is a county or state officer in St. Louis, Missouri.
99-38 Oct 20 CITIZEN. Person citizen of county in which he permanently resides.
99-38 Nov 1 COUNTIES. Disputed ownership and possession of swamp and overflow land is contested by suit to quiet title and ejectment proceedings.
99-38 Nov 17 ANIMALS.
DOG LAW.
County dog law is constitutional in that it does not violate Section 3, Article X of the Constitution.
99-38 Dec 22 OFFICERS.
ELECTIONS.
County court cannot convene on Sunday, January 1, 1939, and administer oaths of office to newly elected officers whose terms are to commence as of that date.
99-38 Dec 30 Mr. Carl F. Wymore WITHDRAWN
100-38 July 12 Mr. C. E. Yancey WITHDRAWN
100-38 Oct 26 Hon. C. E. Yancey WITHDRAWN
100-38 Nov 4 ELECTIONS. Names of candidates on primary ballot must be alternated. Cost of such printing is matter of contract.