1939 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-39 Mar 27 ELECTIONS. County superintendent of schools need not file declaration of candidacy.
1-39 Apr 12 HEALTH.
SALARIES AND FEES.
Appointees of State Board of Health are not allowed additional pay for grading of examination papers.
1-39 May 17 INHERITANCE TAX. 1. When the estate of any deceased person has not been appraised for inheritance tax purposes, the probate court, or any interested person, may make application to the probate court to reopen said estate for the purpose of determining its clear market value so that an inheritance tax may be imposed upon the interests of property transferred. 2. The statute of limitations does not apply to collection of inheritance taxes until such time as the taxes have been duly assessed.
2-39 July 10 CITIES OF THE FOURTH CLASS.
COURTHOUSES.
Two questions of extension of boundaries. Right of County Court to sell.
3-39 Feb 2 COUNTY DEPOSITORIES. Contract made by County Court with County Depository, which has duly qualified, prior to Laws of Mo., 1927, page 502, binding and legal until expiration.
3-39 Sept 9 ASSESSORS. May be removed by county court for failure to perform duties and a successor appointed.
5-39 Mar 2 TAXATION.
SALES TAX.
Municipal corporation is a user and consumer of tangible personal property bought by the corporation to be used upon W.P.A. projects and is liable for the sales tax therefor.
5-39 Mar 15 TAXATION AND REVENUE. When a petition for correction and abatement of an assessment of income is filed, collectors are not to certify taxes to the State Auditor.
5-39 May 10 CITIES TOWNS AND VILLAGES.
AUTHORITY TO PASS ORDINANCES.
The officers of a village may pass ordinances regulating peddlers.
5-39 May 16 CRIMINAL PROCEDURE. Return on death warrant may be made to circuit clerk if court not in session.
5-39 June 6 CONSTABLES. (1) May serve anywhere in state warrant issued out of any justice court in county; (2) May arrest without warrant if sees offense committed, or with warrant if he has one, and cause prisoner to be arraigned in township where offense was committed, if a misdemeanor if felony, may cause prisoner to be arraigned anywhere in county. (3) If represents himself to be deputy sheriff, and hold no such commission is guilty of impersonating an officer. (4) Cannot charge fee for service he does not perform. (5) His duty to take prisoner before justice if warrant of arrest was directed to him.
5-39 July 26 TAXATION.
COUNTY COURT.
The county court has authority to settle excessive taxes by reducing assessment down to the fair valuation as of the date the taxes are assessed.
5-39 Sept 6 MARRIAGES.
RELEASING OF MORTGAGES SECURED BY SERIES, NOTES OR BONDS.
Mortgages or deeds of trust providing for issue of series of notes or bonds aggregating $100,000 or more and given by public utility not under jurisdiction of Public Service Commission, may be released in accordance with the provisions of Section 3083, Laws of Mo. 1933.
6-39 Jan 12 COUNTY COURTS.
CONTRACTS BINDING SUCCEEDING COURTS.
County court may appoint a superintendent of a poor farm for a term extending into that of their successors in office provided there is no fraud or collusion in connection with such contract.
6-39 Jan 26 OFFICERS. Excess fees – recovery may be had.
6-39 Sept 7 BOMBING. Approved form of information for destruction of buildings by explosives.
6-39 Oct 10 CONSERVATION COMMISSION. Agents are entitled to certain fees under Section 8287 for making arrests.
8-39 Nov 18 MARRIAGE. A marriage in Missouri between a man of twenty-one years of age and a woman of sixteen years of age is voidable.
9-39 Jan 19 COUNTY COURTS.
EXECUTING CONTRACTS.
SIGNING WARRANTS.
FACSIMILE SIGNATURES.
County courts may appoint agent to execute contracts or each member of the county agreeing to the contract may sign it. The elected presiding judge or acting presiding judge may sign county warrants. The county judge may not use a rubber stamp containing his facsimile signature to sign warrants.
9-39 Feb 13 TAXATION.
DRAINAGE DISTRICTS.
Lands purchased by drainage districts for the purpose of protecting drainage tax lien are exempt from assessment and sale for general taxes accruing subsequent to its acquisition by the drainage district.
9-39 June 15 COUNTY COLLECTORS. Hold over until their successors are qualified.
9-39 June 29 ANIMALS RUNNING AT LARGE. Where there is a County wide stock law and an injunction has been decreed by Circuit court against a Constable therein for taking up animals thereunder, such decree would restrain only the party to the record and his privies.
9-39 Aug 4 LIQUOR. Local Option Statutes as same existed prior to prohibition, stand repealed and are no longer in full force and effect.
9-39 Aug 7 PURCHASING AGENT. Not required to advertise for bids on sale of merchandise.
9-39 Aug 9 PURCHASING AGENT. Corporation, in which curator, regent or trustee of educational and eleemosynary institution is stockholder, may be let contract by state purchasing agent for supplies to be furnished the institution for which said stockholder is curator, regent or trustee.
9-39 Nov 8 PURCHASING AGENT. Must buy supplies for penal institutions from prison industries if they have or can within sixty days manufacture the same.
10-39 Mar 28 LIQUOR CONTROL. Brewing corporation may have interest in wholesale business. Neither is brewing corporation liable for violations committed by wholesale corporation.
10-39 Mar 29 PARK BOARD. Administration over roads and bridges in and contiguous to State Parks.
10-39 June 21 CONSERVATION COMMISSION. Article 5, Section 26 of Missouri Constitution vests Conservation Commission with authority to dispose of lands.
10-39 June 23 PROSECUTING ATTORNEY. Mandamus not proper proceeding to compel county court to allow stenographic fees to prosecuting attorney.
10-39 July 19 BOARD OF PHARMACY. Constitutional to transfer surplus funds of Board of Pharmacy at close of biennium to revenue funds.
10-39 July 26 STATE CONSERVATION COMMISSION. Not liable in torts.
10-39 Aug 26 CONSERVATION COMMISSION. Acquisition of land from Evans-Howard Sewer Pipe Company.
10-39 Sept 11 PARK BOARDS. Park Boards may not employ skilled help and pay same from Appropriation Act for repairs and replacements.
10-39 Sept 11 STATE BOARD OF HEALTH. Fees must be paid on cabins operated in state parks by private individuals, but not when operated by state.
10-39 Sept 12 COUNTY COURTS.
ROADS AND BRIDGES.
It is the duty of the county to maintain county roads through State parks.
10-39 Sept 13 STATE PARK BOARD. Interpretation of Sections 26a and 26o of House Bill 716 relating to appropriations for parks.
10-39 Sept 14 GAME AND FISH. A club is not a commercial establishment within the meaning of Section 8285 Laws of Missouri, 1931.
10-39 Sept 18 PARK BOARDS. Section 26o, House Bill No. 716, does not authorize purchase of additional land for Pershing Memorial State Park.
10-39 Sept 27 SCHOOL.
STATE PARK BOARD.
Board of Directors of common school may convey real estate upon order of voters at annual meeting. State Park Board has no power to convey State Park property except by act of Legislature.
10-39 Sept 28 ROADS AND BRIDGES. County road may be vacated by abandonment for a period of ten years.
10-39 Oct 26 TAXATION.
SALE OF LANDS FOR DELINQUENT TAXES.
COLLECTOR’S DUTIES.
Collector is not authorized to issue certificate of purchase at sale of lands sold for delinquent taxes until the amount of the bid is paid him.
10-39 Nov 16 STATE CONSERVATION COMMISSION. Not liable for back taxes on property purchased for use of state.
11-39 Jan 9 TAXATION.
LEVY.
UNCOLLECTED TAXES.
In fixing a levy, the county court should take into consideration amount to be realized from all uncollected taxes except those, that after a reasonable time and after reasonable efforts to collect, remain uncollected, county court has a wide discretion in fixing the levy and unless it abuses this discretion and acts arbitrarily and fraudulently, the levy will not be interfered with by the courts.
11-39 Mar 7 ROADS AND BRIDGES. No vote of the people needed to levy the tax authorized by Section 8067 R. S. Mo. 1929.
11-39 Mar 22 FINANCIAL STATEMENT.
THE COST OF PUBLICATION CHARGED TO WHAT FUNDS.
The cost of the publication of the financial statement shall be charged to the various funds which are published in such statement and not to the general revenue fund alone.
11-39 Apr 7 THE PROSECUTING ATTORNEY.
DUTIES.
Prosecuting attorney may not represent the opposite parties in cases in which the State Highway Department is interested.
11-39 May 1 CORONERS’ FEES. Coroner may hold an inquest and charge fees therefor where violent and casual deaths happen in his own County and the body is discovered therein.
11-39 May 11 SCHOOLS. Transportation of High School Pupils.
11-39 Sept 11 OFFICERS.
SALARIES AND FEES.
Mode of payment of additional compensation to circuit judge and prosecuting attorney on account of additional duties required by the 1939 laws.
11-39 Sept 26 TAXATION AND REVENUES. Cities of the Fourth Class shall, in the published list of delinquent lands to be sold for delinquent taxes, provide that the same shall be sold at public auction at the court house door of the county in which such city may be located.
11-39 Dec 19 TAXATION AND REVENUE. County Court, by order, may have lands sold under the provision of 9953b, Laws of Missouri 1939. If the sum realized from such sale is in excess of the costs incurred and advanced, the balance shall be distributed pro rata to the funds entitled to receive the taxes on the land.
12-39 Jan 6 PROBATE JUDGE.
WILLS.
Construction to be placed on various clauses in a will as to what estate is vested – whether life estate or life estate with power to sell.
12-39 Jan 16 MOTOR VEHICLES. Parochial schools not entitled to free licensed plates.
12-39 Feb 1 MOTOR VEHICLES. Dealers in motors only not required to register as “dealer” Registration of reconstructed motor vehicle.
12-39 Mar 7 DOGS.
NOTICE OF ELECTION CONCERNING DOGS.
1. Only one publication necessary for a notice of election. 2. Duties of assessors and county clerks.
12-39 Apr 21 MOTOR VEHICLES. Person may attach insignia of profession to license plate.
12-39 May 26 NOTARY PUBLIC. When bond becomes insufficient, county clerk or circuit clerk of St. Louis may order new bond and forfeit his office if order is not complied with.
12-39 July 14 BALLOT TITLE. Providing that in 1949 and every ten years thereafter the general statute laws be revised in the manner directed by the General Assembly.
12-39 Aug 18 STATUTES.
REVISION BILLS GO INTO EFFECT NOVEMBER 1.
Laws not revision measures and passed without an emergency clause go into effect ninety days after adjournment.
12-39 Sept 19 TRADE MARKS. Under Sec. 12449, R. S. Missouri, 1939 a separate application must be filed for each name, mark or device used.
12-39 Sept 21 OATHS.
BOARD OF NURSE EXAMINERS.
Section 13479, page 752, Laws of 1939.
12-39 Nov 7 SCHOOLS. Children of employees of the Confederate Soldiers’ Home are entitled to be sent by the local rural school district to a high school district, and local district must pay any deficit in tuition.
12-39 Nov 9 Supplemental letter for November 7, 1939, opinion to Hon. A. T. Broughton.
13-39 Aug 17 FUNDS. State Treasurer entitled to transfer only that part of Grain Inspection Fund under Sec. 13360, R. S. Mo. 1929, which is in excess of $30,000.
15-39 Feb 16 MOTOR VEHICLE. Any truck driven or operated on the highways must be registered.
15-39 Feb 21 COUNTY BUDGET. How to pay debts of past years and method to determine validity thereof.
15-39 Apr 12 MOTOR VEHICLE LAWS. Illinois Trucks temporarily in Missouri need not procure Missouri licensee.
15-39 May 22 SCHOOLS. Property of school districts exempt from taxation, said districts being municipal corporations.
15-39 Aug 21 MOTOR VEHICLES. Non-resident owner must display plates. Receipt of registration not sufficient.
15-39 Sept 28 COUNTY WARRANTS. Limitations are governed by the provisions of Section 12173, R. S. Mo. 1929.
16-39 Jan 18 CIRCUIT CLERKS. If Circuit Judge approves the appointment of a deputy to Circuit clerk under Section 11812, Laws of Mo. 1937, p. 446, the county must pay the same; the amount of the salary must be taken into consideration even though the anticipated revenue may not be sufficient to pay the same under the Budget Act.
16-39 Feb 16 COUNTY BUDGET. County Clerk cannot be compelled to draw warrant on 1939 funds for 1938 debt, where there is no surplus.
16-39 Mar 8 MOTOR VEHICLE FUEL TAX.
GASOLINE.
Agents and employees of federal government exempt when – Sales at Jefferson Barracks taxable when.
16-39 Mar 24 LIMITATIONS.
COUNTY TREASURERS.
Limitation does not begin to run against the County Treasurer and his bondsmen until the end of his term and breach of duty then to pay over funds.
16-39 Apr 26 CRIMINAL LAW.
INFORMATION.
NUMBER OF COUNTS.
Where one offense is committed the state may file an information containing several counts where different sections of the statute are violated.
16-39 May 4 Hon. G. R. Chamberlin WITHDRAWN
16-39 Oct 6 SCHOOLS. Children from orphans’ home residing in families in common school districts may attend without paying tuition.
16-39 Nov 14 LAW PRACTICE. Agent may appear in justice court in representative capacity, but not for valuable consideration.
16-39 Nov 30 TAXATION.
PUBLICATION.
Erroneous publication invalidates sale of land for delinquent taxes.
16-39 Dec 20 TOWNSHIP ORGANIZATION.
PAYMENT OF BONDS.
Township board should retain moneys collected from levies for paying bonds of the township.
17-39 Jan 25 WARRANTS.
COUNTY.
Manner of reducing rate of interest.
17-39 June 8 STATE HOSPITAL. Employees personally liable for negligent acts.
17-39 Aug 21 COUNTY BUDGET ACT. Payment of claims out of class other than that to which they belong prohibited except same may be paid out of Class 6 under certain conditions.
17-39 Oct 18 TAXATION AND REVENUE. County Courts may only compromise back taxes under the provisions of Section 9950. When lands are sold and the description is imperfect the sale is not valid but the tax lien is transferred to the grantee. Right of such lienholder.
17-39 Oct 30 COUNTY COURTS. County judges and counties of over twenty thousand (20,000) population are entitled to mileage for each necessary trip made.
18-39 Jan 6 COUNTY COURTS. Judges of Barton County Court are entitled to receive 5¢ mileage in traveling to and returning from holding county court: may be charged only once for each regular term and not for special or adjourned terms, may not collect mileage for making trips to look after county’s business or pay a third person mileage to transport the county court.
18-39 May 8 TAXATION.
COUNTY COURT.
Title to real estate left to city by will vests in city after will is probated, as of date of testator’s death and is thereafter tax exempt.
18-39 Sept 1 PROSECUTING ATTORNEYS. Required to represent county officers in proceedings in which the county is the interested party.
18-39 Oct 27 TAXATION AND REVENUE. Construction of Senate Bill No. 94, Laws of Missouri 1933 and Senate Bill No. 311, Laws of Missouri 1939 as to the question of description in procedure affecting title.
18-39 Dec 15 COUNTY COURTS AND SCHOOL FUND MORTGAGES. The County Court under tis powers to manage and dispose of properties purchased under school fund mortgages may enter into contracts of sale for same and bind subsequent courts.
19-39 Sept 1 CHATTEL MORTGAGES.
MOTOR VEHICLES.
The provisions of Section 3097a, House Bill No. 546 of the Sixtieth General Assembly do not apply to mortgages given to manufacturers and dealers.
19-39 Sept 9 Mr. W. T. Conley WITHDRAWN
19-39 Sept 19 CHATTEL MORTGAGES. Section 3097A, Laws of Missouri 1939, must be followed to give notice to the world of all chattel mortgages except those given to a manufacturer or dealer who do not come within the act of 3097A.
19-39 Nov 10 DRAINS AND LEVEES. The repairs and upkeep on bridges in counties organized by county courts in drainage districts are controlled by Section 10837, Laws of Missouri, 1937, page 227, and in districts organized by circuit courts bridges must be repaired and kept by the district.
20-39 Jan 9 COUNTY COURT. Salary of deputy county clerk in county having population of 7,500 and less than 10,000 persons, not to exceed $900.00 per year.
20-39 Jan 16 LOTTERY. Marking fish and offering prizes for those who catch them is a lottery.
20-39 Feb 22 AUCTIONEERS. An auctioneer may sell certain articles not subject to duty in the county without obtaining a license.
20-39 Apr 26 SCHOOLS AND SCHOOL DISTRICTS.
APPROPRIATIONS.
School funds may not be spent by boards of directors for repairing or building of public highways leading to the schools.
20-39 May 17 SCHOOLS. Election and qualification of Directors.
20-39 June 5 CHILD LABOR. Students of the School of the Ozarks are exempt from Article 3, Chapter 125, R. S. Mo. 1929.
20-39 June 7 SCHOOLS. A rate of levy once voted by the district cannot be revoked by subsequent vote.
20-39 July 24 CITIES OF FOURTH CLASS. May vote on bond issue for establishing and maintaining a fire department.
20-39 Aug 14 Hon. Edward Cusick WITHDRAWN
20-39 Aug 16 STATE VETERINARIAN.
TRAVEL EXPENSES WITHIN AND WITHOUT THE STATE.
State Veterinarian may receive travel expenses within and without the state when the same are incurred in performance of official duties.
20-39 Sept 12 CRIMINAL LAW. Giving false information for the purpose of a birth certificate is a misdemeanor and is barred by the statute of limitations.
20-39 Sept 12 ANIMALS AND APPROPRIATIONS. Appropriation for diseased animals in H B 716, Section 12a is invalid because other laws must be referred to in order to ascertain the purpose of the appropriation contrary to Article X, Section 19.
20-39 Nov 3 AGRICULTURE.
STATE VETERINARIAN.
The State of Missouri has sufficient enabling acts to justify the Federal Department in cooperating with the state in the eradication of diseases of livestock.
20-39 Nov 9 AGRICULTURE.
DISEASED CATTLE.
STATE’S LIABILITY FOR PAYMENT.
Contract between owner of cattle and with the federal and state department does not obligate the State of Missouri to pay for cattle infected with Bang’s Disease which are destroyed pursuant to such contract.
21-39 Jan 5 LICENSE.
MERCHANTS.
The legislature has determined that the license required “begins” on the date when the county collector approves the bond and grants the license, and that said license ends twelve months thereafter.
21-39 Jan 24 PRELIMINARY EXAMINATION. Pleas of not guilty in a justice court is not a waiver.
21-39 Jan 31 PEDDLERS. Trucks selling groceries from house to house to individuals, deemed peddlers; if orders are taken and goods delivered later they are not peddlers.
21-39 Mar 21 CRIMINAL LAW. Validity of warrant of arrest immaterial after conviction.
21-39 Apr 25 SCHOOLS. Appropriations for State Teachers Colleges.
21-39 May 5 ATHLETIC COMMISSION. State commission may employ as inspector person who is already employed by federal, state or county government.
21-39 May 10 SCHOOLS. Donations or gifts to teachers invalid.
21-39 May 11 SCHOOLS. Appropriation of funds for State University.
21-39 May 19 TOWNSHIP TRUSTEES. Vacancy filled by county court; construction of “ten days” time in which to qualify.
21-39 June 17 TOWNSHIP ASSESSORS. Not required to give bond for performance of their duties.
21-39 July 19 ROADS AND BRIDGES. It is not necessary to notify landowners to cut hedge fence before bringing civil action under section 7329 R. S. Missouri, 1929.
21-39 July 25 Hon. Donald B. Dawson WITHDRAWN
21-39 Aug 3 TOWNSHIPS. (1) May recover books and records from outgoing trustee by replevin or mandamus; (2) Governor may order audit of township records.
21-39 Sept 22 TOWNSHIP COLLECTORS.
BONDS.
Township collector may give personal or surety bond. Surety bond may be paid for by township if consent and approval is given by governing body.
21-39 Nov 15 LOTTERIES. Gift auction at which merchandise certificates are bid not a gift enterprise or lottery.
21-39 Dec 20 TAXATION AND REVENUE.
ROAD DISTRICTS.
Uncollected taxes belonging to a district should go into the special road district to which such unorganized territory is attached.
21-39 Dec 22 TAXATION. Merchants who do not file bond and do not obtain a merchant’s license may be subject to forfeiture action under Section 10076, R. S. Missouri, 1929.
22-39 Mar 22 COUNTY COLLECTORS. Laws of Missouri 1937, page 502, impinge upon Section 12184 R. S. Mo. 1929 and repeals the same by implication as to the irreconcilable features. 1937 Laws, supra, do not impinge upon Section 9885, Laws of Mo. 1935, page 408.
22-39 May 9 SEWER DISTRICTS. (1) Not necessary to secure permit from bd. of plumbing supervisors before connecting sewer in incorporated sewer district in incorporated town where town has satisfactory plumbing code. (2) Necessary to secure permit form board in unincorporated area. (3) Sewer district may require its own permit and charge fees; trustee not liable where drain layer acting independently excavates public road without excavation permit.
22-39 July 26 STATUTES.
EMERGENCY CLAUSE.
WHEN EFFECTIVE.
If a bill is amended, then the emergency clause must be adopted after such amendment in order that it may be effective.
22-39 Aug 15 PUBLIC SERVICE COMMISSION. Cannot exact contract hauler license from trucker transporting livestock from farm to market and on return trip hauling his (the trucker’s) own property.
22-39 Oct 2 JUSTICES OF THE PEACE. Construing Section 2150, R. S. Missouri, 1929.
22-39 Nov 30 COUNTY COURTS. Who may call a meeting of the County Court during adjourned term.
24-39 Feb 9 RECORDER.
MARRIAGE LICENSES.
A man may marry his step-daughter.
24-39 Feb 11 ROADS AND HIGHWAYS. Maintenance of road Districts and the right of a road commissioner to employ himself.
24-39 Apr 19 MOTOR VEHICLES.
WHEELS.
WEIGHT COMPUTATION.
Truck operator may use as many sets of wheels on his truck as he desires so long as he keeps the vehicle within the dimensions of the law as to length, height, width, weight of load and the amount of weight on each wheel.
24-39 May 17 FOREIGN JUDGMENTS. Foreign judgment must be sued on this state to establish a lien of same.
24-39 May 26 CONSERVATION COMMISSION.
GAME AND FISH.
Statutes not inconsistent with the Conservation Amendment or rules of the Commission remain in force.
24-39 Aug 28 UNEMPLOYMENT COMPENSATION. “Notice of Lien” may be filed and not recorded by the Commission. County Court should furnish a number book for the purpose of checking an employer as to his liability under a “Notice of Lien”.
24-39 Sept 27 TAXATION. Collector’s deed of trustee.
24-39 Nov 21 TAXATION. Trustee’s deed.
24-39 Dec 15 COUNTY COURT. In order for judge of county court of Newton County to be entitled to five dollars per day while the court is in session, he must actually be present on those days.
25-39 Mar 23 COUNTY SURVEYOR. Duty of county court to furnish surveyor supplies and instruments.
25-39 Dec 16 OFFICERS.
SALARIES AND FEES.
TREASURER OF THE CITY OF ST. LOUIS.
The salary of the Treasurer of the City of St. Louis is fixed by Laws of Missouri, 1939, page 486, and was payable in accordance therewith when that act went into effect.
26-39 Jan 30 PENAL INSTITUTIONS. Conditional Commutation by Governor is forfeited when?
26-39 June 19 HIGHWAYS. Construction through municipalities having population of more than 2,500 according to last decennial census.
26-39 Sept 14 PARDONS AND PAROLES. Special trial judge has no authority to parole a defendant, and the successor of the judge in the judicial circuit where the case was tried still maintains jurisdiction.
27-39 Jan 5 TAXATION. The liability for the payment of a corporation franchise tax of domestic corporations attaches as soon as the certificate of authority to do business is granted.
27-39 Jan 21 ROADS AND BRIDGES. When County Court may change boundaries of road districts in counties not under township organization.
27-39 Jan 31 TAXATION.
CREDIT UNIONS.
The owners of the shares of stock in a credit union who have no money borrowed on such stock for the purpose of reporting the value of such stock to the assessor shall take into consideration the entire assets of such credit union and deduct therefrom the liabilities of such union and this amount shall be the basis upon which the value of the stock is fixed for taxation purposes.
27-39 Mar 4 COUNTY COURTS. School Fund Mortgage. County Courts have no authority to accept a deed to lands, on which there is a mortgage with bond, in full satisfaction of such mortgage and bond.
27-39 Mar 9 ELECTIONS. City primary election is legal holiday.
27-39 Apr 6 TAXPAYER. Person paying merchant’s tax is a taxpaying citizen within meaning of Section 27, Laws of Mo. 1935, page 277.
27-39 Apr 19 TAXATION. Buildings erected on leased land shall be assessed as real estate at the situs of the property.
27-39 July 14 SCHOOLS.
COUNTY SUPERINTENDENT OF SCHOOLS.
County need not furnish office to one not properly qualified to hold office.
27-39 July 20 SCHOOLS. Section 11202 R. S. Missouri, 1929 is the proper section to remove a county Superintendent of Schools for cause.
27-39 July 26 Hon. Clarence Evans WITHDRAWN
27-39 Sept 1 MOTOR VEHICLES. Section 3097A only applies to fixing of chattel mortgages and not recording, and is directory and not mandatory that the mortgagee or assignee shall have the certificate of title stamped or sealed.
27-39 Dec 8 TAXATION.
COMPROMISE AND SETTLEMENT OF TAXES BY THE COUNTY COURT.
County court may compromise taxes at any time before payment of same provided, however, such compromise is subject to the provisions of the Constitution as to valuation. County court may not compromise taxes for which lands have been sold under the Jones-Munger Act.
28-39 Feb 25 ELECTIONS.
EXEMPTIONS.
Voting bonds for court house and jail-duties of officers with respect to furnishing election supplies and compensation therefor. May claim under both 1160 and 1163 when.
28-39 Mar 1 TAXATION.
CHAIN STORES.
Section 3 of House Bill No. 34 for the Sixtieth General Assembly is constitutional.
28-39 Aug 2 COUNTY COLLECTORS. County Collector of Jasper County may not establish and maintain a branch office at Joplin under the provisions of Section 9899 R. S. Mo. 1929.
29-39 July 8 BLIND PENSION. Recipient of a blind pension cannot be stricken from the rolls until he has been given reasonable notice and such fact certified to the State Auditor.
29-39 Aug 31 CERTIFIED PUBLIC ACCOUNTANTS. A lawfully registered C.P.A. cannot be prosecuted criminally under Section 13716, R. S. Missouri, 1929.
29-39 Sept 18 SCHOOLS. Public schools not within the scope of statutes requiring fire escapes and which provide criminal liability for failure to so provide.
29-39 Sept 22 MOTOR VEHICLES. It is an offense to operate motor vehicles as chauffeur without a chauffeur’s license.
29-39 Dec 15 TRADE-MARKS.
INFRINGEMENTS.
The use of the word “Blind-Kraft” by Missouri residents not an infringement on the trade name “blindcraft” adopted by residents of the State of California.
31-39 May 9 Hon. Arkley Frieze WITHDRAWN
31-39 June 7 COSTS.
CRIMINAL CASES.
Prosecuting Witness liable in certain cases for costs on acquittal of defendants. County must make order taxing same against prosecutor.
31-39 Oct 7 COUNTY WARRANTS. Under section 12173, after lapse of five years county warrants may not be paid.
31-39 Nov 20 LIQUOR CONTROL. Upon granting of permanent injunction under the Liquor Control Act, all costs must be paid by the defendant owner of the property or the defendant in the cause.
32-39 Jan 25 CRIMINAL COSTS. The insolvency act must be strictly followed in order to obtain a release on a punishment of a fine and costs.
32-39 Apr 14 SHERIFF FEES. The Sheriff is not entitled to fees for serving subpoena until the litigation is at an end.
32-39 July 5 MOTOR VEHICLES.
TRAILER.
Wood saw or feed grinder powered by automobile motor permanently mounted on automobile chassis and towed from place to place by automobile not a trailer.
32-39 July 14 SWAMP LANDS. Where county land patent to swamp land is void purchaser is entitled to refund of purchase money.
33-39 June 27 TAXATION.
COLLECTION OF TAXES.
Collector or county court may pay only the amount authorized by statute to an attorney for collecting delinquent personal taxes.
33-39 Sept 8 TAXATION.
COMPROMISING TAXES DUTY OF THE COLLECTOR TO START PROCEEDINGS TO SELL.
The county court may compromise taxes as provided by Section 9950, Laws of Mo. 1933, page 426, at any time before they are sold at the third sale. It is the duty of the collector to institute proceedings pertaining to the sale of lands for taxes.
33-39 Sept 28 COUNTY TREASURER.
BONDS, SALE OF.
County Treasurer shall advertise bonds for bids as directed in Sec. 2911, R. S. 1929; County Court may order Treasurer to reject bids; and county may order treasurer to again advertise the bonds in the same manner, or then may sell them at private sale.
34-39 Sept 16 SALARIES AND FEES. Clerk of the Circuit Court of Jackson County may retain fees in payment of his salary.
35-39 Feb 14 TAXATION AND REVENUE. Outlawed taxes are not a charge against property.
35-39 Feb 28 LIQUOR. Funeral parlor chapel can not be classed as a church because religious services are held there weekly. No statutory requirement that a 3.2 beer licensee have good moral character. Suspension of 3.2% beer license not statutory grounds for refusal of subsequent application for similar license. Filing of criminal prosecution is not in itself a conviction requiring the refusal of a 3.2% beer license for one year. Cities can not suppress or prohibit sale of intoxicating liquor authorized by statute.
35-39 May 9 TOWNSHIP ORGANIZATION.
TOWNSHIP BOARDS EMPLOYING MEMBERS.
Township board may not employ one of its own members to act as foreman or overseer of work under the direction of the board.
35-39 May 13 DOG TAX.
ANIMALS.
County dog tax once submitted to voters of county cannot be resubmitted.
35-39 May 15 TOWNSHIP CLERKS. No fee for drawing or writing warrant.
35-39 May 25 Hon. J. A. Gray WITHDRAWN
35-39 July 1 COUNTIES.
DRAINAGE DISTRICTS.
Counties under 70,000 population cannot issue anticipation warrants under Section 2097, R.S. Missouri, 1929. Drainage districts cannot go into voluntary bankruptcy or cannot be forced into involuntary bankruptcy.
35-39 July 12 COUNTY COURTS. Right to make donations to individuals and associations.
35-39 Aug 2 OPTOMETRY.
OPTOMETRY BOARD.
OFFICERS.
Person appointed to Board must file oath of office before he is qualified. Incumbent remains member of Board until successor qualifies.
35-39 Aug 25 COUNTY CLERKS. Senate Bill #239 effective November 1, 1939. Gives clerks no more authority than they had. What source additional pay is to be paid from. May refuse to sign warrants when.
35-39 Sept 5 MORTGAGES. Deed of Trust signed by husband and wife on an estate by the entirety securing note of husband is a valid instrument.
35-39 Dec 12 SCHOOLS. Transportation of school children under Section 9197, R. S. Mo. 1929, should be provided for children living more than one-half mile from the schoolhouse, but it is not necessary that transportation be made from the door of the home to the door of the schoolhouse.
37-39 Jan 25 SHERIFF’S FEES. $1.00 fee allowed for execution; $1.00 fee allowed for garnishment.
37-39 July 11 PAROLES. Information obtained by Parole Officer privileged information; other data is public record.
37-39 Aug 4 GOVERNOR.
PARDONS & PAROLES.
Governor can issue pardons and paroles anytime after conviction – does not have to wait a year after convict has been discharged.
37-39 Sept 28 CHATTEL MORTGAGES.
MOTOR VEHICLES.
Recorder of deeds may make release of chattel mortgage on his records without the title to such mortgage being presented to show such release.
38-39 Jan 16 CONSTITUTIONAL AMENDMENT. Cost of paying for the sample ballot publication on a proposition should be borne by the State, under Section 10385, R. S. Mo. 1929.
38-39 Feb 8 TOWNSHIP ORGANIZATION. It is the mandatory duty of the county clerk to furnish a prepared form to the township clerk for the publication of the financial condition of the township.
38-39 May 3 TOWNSHIP ORGANIZATION.
TAXES.
Township taxes are junior to county taxes for county purposes and the total of the two can not exceed the maximum provided for by the Constitution for county purposes.
38-39 May 26 ELECTIONS. In counties under the township organization plan the county court is limited to one voting place in a precinct unless the court should divide the precinct and make an order setting out the boundary and the name of each precinct.
38-39 June 2 SOCIAL SECURITY, APPEALS. A procedural statute is applicable to actions which have accrued or are pending as well as to future actions.
38-39 July 14 COUNTIES. May not impose a tax on skating rinks under Section 14323, R. S. Mo. 1929, unless performances or exhibitions of professional skill are given.
38-39 Aug 16 CANCER HOSPITAL. Cancer Commission proper party to execute contract of bailment with Federal Government.
38-39 Aug 21 OFFICERS. Not liable for tax illegally collected if done in good faith and paid over into the County Treasury.
38-39 Sept 30 COURTS.
DOCKET FEES AND USE OF.
Circuit court, in absence of statutes authorizing same, may not make a rule requiring that a portion of the filing fee be used for maintaining the library of the court.
38-39 Nov 9 TAXATION & REVENUE. County assessor has no legal authority to assess property at twenty per cent less than its actual value. State Board of Equalization to equalize taxes. Mandamus is the remedy to compel actual value assessment.
38-39 Dec 14 TAXATION AND REVENUE. Lands sold by collector for delinquent taxes on real estate and purchased by him constitutes a void sale. A transfer of his rights obtained by such certificate would convey nothing. The money paid by such collector at such sale constitutes a voluntary payment.
39-39 Jan 5 PROBATE COURTS.
INHERITANCE TAX.
Inheritance tax appraiser cannot employ attorney to advise him relative to the appraisement and charge the fee of such attorney as necessary expenses incurred in the performance of his duties as appraiser.
40-39 Feb 6 Hon. Walter A. Higbee WITHDRAWN
40-39 July 5 SALES TAX. The city is liable for a sales tax on material which it purchases directly and supervises the work itself. The same applies to property owners if the materials are furnished to them at their request.
40-39 July 25 MUNICIPALITIES.
MOTOR VEHICLES.
REGULATION OF LIGHTING EQUIPMENT.
Municipalities under a special charter without a special provision in such charter may not regulate lighting equipment on motor vehicles except that which is provided by the statutes.
41-39 June 1 WATER DISTRICTS.
ADDING TERRITORY TO THE DISTRICT.
41-39 June 29 ELECTION CONTEST.
LEGISLATURE.
Representative entitled to receive emoluments of office from State Treasury upon determination of election contest.
41-39 Sept 28 LOTTERY. “Policy writer” of a drawing in this state can be prosecuted for a felony, or for a misdemeanor.
41-39 Oct 20 TOWNSHIP TRUSTEE.
FEES.
The township trustee is entitled to commission on all moneys which he is required by law as official to disburse.
41-39 Oct 24 STATUTES.
REVISION BILLS.
House Bill No. 16 passed by the 60th General Assembly goes into effect November 1, 1939.
41-39 Dec 5 FINANCE DEPARTMENT. Publication of unclaimed deposits in failed banks.
41-39 Dec 19 STATE CANCER COMMISSION. Interpretation of provision in contract for State Cancer Hospital relative to heating.
42-39 Feb 21 COUNTY COURT.
JURORS.
Court may pay board and lodging of jury kept together in misdemeanor case.
43-39 Jan 7 OFFICERS. County treasurer cannot be appointed court reporter in the 21st Judicial Circuit, and he cannot appoint a first cousin of his wife as deputy county treasurer. The nepotism statute affects the office of treasurer.
43-39 Jan 24 PROSECUTING ATTORNEYS.
DUTIES.
NOT REQUIRED TO REPRESENT SCHOOL DISTRICTS.
LIMITATION OF ACTIONS AGAINST COUNTY TREASURER.
Prosecuting attorney is not required to represent a school district in an action to recover moneys from county treasurer. Action against a county treasurer for money alleged to have been wrongfully paid out should be brought within three years.
43-39 Mar 3 TAXATION. County assessor should file individual tax lists with the county clerk after making up his land and personal property books.
43-39 Mar 8 SHERIFF. Sheriff of Franklin County can appoint a deputy approved by the judge of the circuit court and pay the deputy out of his own fees, but the county court cannot allow the deputy a salary.
43-39 Mar 15 DEPUTY HEALTH COMMISSIONERS. Appointment for one year; general duties.
43-39 Apr 5 RECORDER INDEXING CONTRACTS. The party extending a loan agreement should be listed as grantor in the index of deeds.
43-39 May 1 Hulen & Walden WITHDRAWN
43-39 May 11 CRIMINAL COSTS. Method of providing fee bill and payment of costs in misdemeanor cases.
43-39 May 16 SCHOOLS. County courts must either collect the amount of a school fund mortgage or foreclose such mortgage.
43-39 Sept 27 LIQUOR. Possession only of illegal intoxicating liquors constitutes a misdemeanor.
44-39 Feb 18 MISSOURI STATE SCHOOL FOR DEAF. Not liable for assessment by Fulton, Missouri, for benefits derived from sewer or disposal plant.
44-39 Oct 25 BARBER SCHOOL. Section 13529, page 188, Laws of Missouri, 1937, requiring a permit not applicable to Missouri School for the Deaf.
45-39 Feb 20 ELEEMOSYNARY INSTITUTIONS. Board may grant permission to an individual to copy data on insane patients.
45-39 Feb 21 ELEEMOSYNARY INSTITUTIONS. City of St. Louis only required to pay expenses as set out in Section 8636, 1935 Session Laws.
45-39 Mar 18 INSANE PATIENTS. When law requires that patient be served by process personally, regardless of the effect upon the patient the insane asylum must permit such service.
45-39 Sept 2 ELEEMOSYNARY.
STATE HOSPITALS.
May not decline to take patients of county if payments required by law have been made, even though county has outstanding debt for former patients.
45-39 Sept 13 PENAL INSTITUTIONS. The Record Clerk of the penitentiary must follow the law in classifying the prisoner for service of two sentences, one of which was for the conviction on a case while a convict.
46-39 Aug 24 PENAL INSTITUTIONS. Sentences of a defendant who has appealed and later convicted on another charge, shall not run concurrently.
46-39 Oct 12 TAXATION AND REVENUE. Construction of Senate Bill No. 311 in relation to Senate Bill No. 94 as to the first, second and third sale and the resale provided in Section 9953b of said Senate Bill No. 94, the powers of the trustee and the rights and duties of junior lienors.
46-39 Oct 30 TAXATION AND REVENUE. Offerings for sales of delinquent tax lands must be successive. Unless such offerings are made successively, sales thereunder will be void.
47-39 May 11 COUNTY COURTS.
TOWNSHIP BOARDS.
ROADS AND BRIDGES.
SPECIAL COMMISSIONERS AND TAXATION.
The seven questions pertaining to the rights of the county courts, township trustees and special road commissioners of taxation for road and bridge purposes in counties under township organization.
47-39 July 20 FISH AND GAME. Possession of squirrels between June 1st and November 30th is not a violation of section 8277 R. S. Missouri, 1929.
48-39 May 18 SCHOOLS.
DIRECTORS AND CLERKS.
Different questions relating to school directors, their qualifications and election of the clerk and their records.
49-39 Mar 22 SCHOOL. Treasurers of city, town or village districts not entitled to compensation until annual reports have been filed.
49-39 Apr 3 SCHOOLS. City, town and consolidated school districts may change their boundaries in the same manner as common school districts under Section 9275, R. S. 1929, even though such change takes a part of the territory of the city and puts it into an adjoining district.
49-39 Aug 15 Hon. Lloyd W. King WITHDRAWN
51-39 Jan 30 COUNTY RECORDS. Section 12116, R. S. 1929, only authorizes destroying, by burning, “assessment lists,” and does not authorize the burning of township tax books.
51-39 Apr 25 TAXATION. County board of equalization can not raise valuation on part of a tract, but must raise or lower valuation on whole tract.
51-39 July 7 NURSES. Examination fee determined by law as of date applicant takes examination.
51-39 Sept 13 TAXATION. The School District is a “Municipal Corporation” and all its lands are exempt from taxation under Section 6, Article 10, Constitution of Missouri.
51-39 Oct 11 DENTISTRY. Chiropractor who examines a patient’s teeth and recommends a treatment therefor, or that such teeth be extracted, violates Section 13582, R. S. Mo. 1929, amended by Laws of Mo. 1937, page 492, relating to the practice of dentistry.
51-39 Oct 13 CRIMINAL LAW. Distributors of wire service and distributors of printed racing news in gambling establishment, or hand-book operators are not guilty of any crime under the statutes of Missouri.
51-39 Oct 28 TAXATION AND REVENUE. Certificate-holder at a third sale under the provisions of Senate Bill No. 94, Laws of Missouri 1933, is entitled to a deed and possession after the redemption period unless he fails to pay subsequent taxes and permits the property to be sold under the provisions of Section 9953a, Senate Bill No. 311, Laws of Missouri 1939, at page 851, and in such event he loses all rights obtained under the certificate of purchase.
51-39 Dec 21 TAXATION. County collector is not compelled to notify a tax payer as to his personal taxes until after they become delinquent.
52-39 Feb 16 SCHOOLS. Consolidated Districts may furnish transportation to non-resident pupils.
52-39 Mar 29 BURIAL SOCIETIES. May admit members up to sixty-six (66) years of age.
52-39 May 5 CONSTITUTIONAL LAW.
APPROPRIATIONS TO INDIVIDUALS OR PRIVATE AGENCIES PROHIBITED.
State funds may not be paid to private institutions or agencies for the care of indigent sick and/or the care of dependent and/or neglected and dependent children.
52-39 Oct 19 UNEMPLOYMENT INSURANCE. In absence of fraud four separate corporations having a majority of the same stockholders, and not individually having eight employees, do not come under the Unemployment Compensation Act.
53-39 Mar 5 PROBATE COURT.
PUBLIC ADMINISTRATOR.
Court cannot oust the administrator who has taken charge of an estate under Sec. 299 (5) by appointment under the terms of proviso in Sec. 7.
53-39 May 24 SCHOOLS. School board in common school district may assess a levy up to forty cents per hundred dollars valuation without an election by the taxpayers.
53-39 June 13 OFFICERS.
AUDITING ACCOUNTS OF PUBLIC ADMINISTRATOR OF COUNTY OF ST. LOUIS.
Comptroller of the County of St. Louis may audit the accounts of the public administrator of that county.
54-39 Jan 6 DOG LICENSE LAW. Any constable in the county may enforce the dog license law.
54-39 Feb 10 TAXATION. County clerk is entitled to retain ten cents for each county dog license, in addition to his regular salary.
54-39 Feb 24 COUNTY COURTS.
DOGS.
COLLECTION OF TAXES.
The county court is not authorized to appoint and pay a person to enforce the collection of dog taxes but may pay a person a reasonable sum to enforce its quarantine order on dogs for rabies.
54-39 Mar 16 ANIMALS.
DOG TAX.
DOGS.
Person having more than ten dogs liable only for ten dollars tax.
54-39 Mar 27 ROAD DISTRICT. A voter on the submission of the adoption of a special road district need not be a taxpayer, but should be qualified under the general election laws.
54-39 Apr 29 TAXATION AND REVENUE. Owner purchasing at third sale acquires interest free from tax liens for which sale was had.
54-39 June 5 SHERIFF’S FEES.
HIGHWAY PATROL.
Entitled only to mileage actually traveled. Warrant to be executed by them, should be addressed to them.
54-39 July 27 COUNTY COURTS.
COUNTY HIGHWAY ENGINEER.
County Court must determine whether applicant for position as county highway engineer meets statutory requirements as to qualifications.
54-39 Oct 19 RECORDER OF DEEDS. Has no authority to keep out of office justice of peace soliciting performance of marriage ceremony, whose conduct annoys applicants for marriage license and is detrimental to efficient operation of said office, but county court has right to eject intruders from said office.
54-39 Nov 30 STATUTORY CONSTRUCTION. Words “shall be lawful” in Section 9953b., Laws of Missouri, 1939, construed to be directory.
54-39 Dec 5 COUNTY COURTS. Have authority to institute suits to prevent trespasses upon county property.
55-39 Feb 10 INSURANCE. Reasons for disapproving articles of incorporation for Missouri Valley Mutual Casualty Company.
55-39 Feb 25 INSURANCE DEPARTMENT. Approval of affidavit of change in number of Directors of Pyramid Life Insurance Company.
55-39 May 16 INSURANCE. Approval of Amended Articles of Incorporation of Central Mutual Casualty Company of Kansas City.
55-39 June 1 HABITUAL DRUNKARDS. Not confinable in state institutions under order of probate court.
55-39 July 18 Opinion letter issued to Hon. Ray B. Lucas.
55-39 Aug 1 INSURANCE. Approval of reduction and increase of capital stock of St. Louis Fire and Marine Insurance Company.
55-39 Sept 12 INSURANCE. Approval of amendment of Articles of Incorporation of Kansas City Life Insurance Company changing date for annual meeting of stockholders.
55-39 Sept 27 INSURANCE. Disapproval of proposed Articles of Incorporation of Industrial Benefit Insurance Company.
55-39 Sept 27 INSURANCE. Approval of articles of incorporation of Mutual Commerce Casualty Company.
55-39 Nov 4 INSURANCE. The “Safe Driver’s Reward” which involves a return of 15% of premium by casualty companies to policy holders in the event no claims are reported is a rate making device only and, therefore, proper.
55-39 Nov 14 INSURANCE. Contract whereby Royal Provident Corporation of America agrees to replace lenses in glasses and give free adjustment on frames is insurance contract.
55-39 Nov 18 INSURANCE. Approval of articles of incorporation of Midwestern Fire and Marine Insurance Company.
55-39 Nov 22 INSURANCE. Approval of proposed articles of incorporation of the American Fidelity Life Insurance Company of Kansas City.
55-39 Dec 7 INSURANCE. Approval of articles of incorporation of the Old American Insurance Company.
56-39 Mar 21 NEWSPAPERS. Newspapers printing notices under section 5599, Laws of Missouri, 1931, page 141, must meet all the requirements of section 13775, Laws of Missouri, 1937, page 432.
56-39 Aug 1 CREDIT UNIONS. Cannot engage in general banking business.
56-39 Aug 4 INSURANCE.
BURIAL SOCIETIES.
United Mutual Life Assurance Society of America, Inc., cannot be licensed as a foreign corporation to do business in Missouri; it if does business without complying with the statutes it is a violation of the penal laws.
57-39 Jan 4 SCHOOLS.
SUPERINTENDENT.
QUALIFICATIONS.
County superintendent of schools is required to possess only one of the alternative qualifications set out in Section 9454, R. S. Mo. 1929.
57-39 Jan 12 SHERIFF. A sheriff may serve warrant issued on a misdemeanor out of the Circuit Court in any other county in the State.
57-39 Jan 23 TAXATION. Taxation of Railroads and Utilities for school purposes.
57-39 Feb 17 COUNTIES.
CONDEMNATION PROCEEDINGS.
County may withdraw from condemnation proceedings before owner’s right to compensation becomes vested; only liable for court costs and not attorneys fees; when county may appeal from judgment of the circuit court.
57-39 Feb 24 OFFICERS. County officers not prohibited from purchasing county warrants at par value.
57-39 Mar 8 APPROPRIATIONS. Where an act creating an office provides for compensation and traveling only within the state, then such officer is not authorized to incur travel expenses outside of the state even though his appropriation provides for such expense.
57-39 May 12 COUNTY COLLECTORS. What constitutes delinquent personal property tax list and duties of county court in connection with settlement.
57-39 May 16 PENAL BOARD. Authority of law for imprisonment in penitentiary is only pursuant to sentence of court for a felony.
57-39 May 24 ANIMALS. Charges for feeding and keeping strays are only legally assessed, pursuant to statutory authority.
57-39 May 31 CRIMINAL LAW. Physician is incompetent to testify as to sobriety of a patient whom he is treating for injuries, but a physician is competent to testify as a layman when he is not treating an intoxicated person.
57-39 June 3 PENAL INSTITUTIONS. Reprieves for specified periods are part of the Governor’s Constitutional prerogative.
57-39 June 5 SHERIFFS AND OFFICIAL BONDS. Sureties on Sheriff’s bonds are not liable for excess bills presented to the County Court by the Sheriff and paid to him.
57-39 June 7 RECORDER OF DEEDS. Required to produce original records at trial on order of subpoena duces tecum.
57-39 June 17 PUBLIC LANDS.
UNITED STATES GOVERNMENT.
State laws respecting federally owned lands are junior to the federal laws thereover.
57-39 June 20 COUNTY. Not liable for hospital expense of person committed to Missouri Training School.
57-39 June 26 CRIMINAL PROCEDURE. Venue of jail break is in county where prisoner is confined from a county having no jail.
57-39 June 27 Hon. G. Logan Marr WITHDRAWN
57-39 June 30 PARK BOARD. Powers of maintenance and improvement are limited to territorial bounds of State Parks.
57-39 July 13 SHERIFFS. Entitled to mileage in each case when serving five warrants on the same defendant.
57-39 July 19 SHERIFF FEES. Sheriff not entitled to a fee for transporting prisoner when confined in jail in adjoining county because of insufficiency of local jail.
57-39 July 20 ASSESSMENTS.
TAXATION.
Personal property on which the United States Government holds a mortgage is taxable to the mortgagor.
57-39 Aug 2 SHERIFFS. Misappropriation of money constitutes embezzlement.
57-39 Aug 16 ELECTIONS. Grand Jury may open ballot boxes in any election for the purpose of investigating fraudulent elections.
57-39 Aug 22 AGRICULTURE, DEPT. OF.
EGG INSPECTION.
Owner of “egg-breaking establishment” not required to take out “egg-trafficking license.”
57-39 Aug 25 VENUE. Ordinarily venue in a criminal case for removing and concealing mortgaged property is in the county of the residence of the defendant.
57-39 Oct 17 COUNTY BUDGET ACT. Current revenue coming in during the current year can be used during that year.
57-39 Nov 1 AGRICULTURE.
COMMERCIAL FEEDING.
Feed for livestock and poultry containing rice hulls in any form may not be sold as a commercial feed in this state.
57-39 Nov 9 COUNTY COURT. In order to render the county liable for blood hound harness and red lenses purchased by the sheriff, the sheriff must be a lawfully authorized agent of the county.
57-39 Nov 17 TAXATION.
SALE OF LAND TO TRUSTEE.
THE TRUSTEE MAY NOT BE DEPUTY COUNTY COLLECTOR.
Deputy county collector may not act as trustee. Authority of the trustee to collect fees for service.
57-39 Nov 29 COUNTY JAIL. The Morgan County jail must be maintained within the corporate limits of the county seat of justice, Versailles. A part of the Morgan county home can not be maintained or used as the county jail, because it is outside the corporate limits of the Morgan county seat of justice, Versailles.
57-39 Dec 4 CRIMINAL LAW. Negroes cannot be barred from county jury panel by conspiracy or scheme without subjecting the jury panel to a motion to quash.
57-39 Dec 7 CRIMINAL COSTS. In a preliminary the county or state is not liable for the costs when the defendant is discharged.
57-39 Dec 14 CRIMINAL LAW. Under the so-called habitual criminal act, prior conviction and sentence to Intermediate Reformatory at Algoa is sufficient to satisfy its terms.
58-39 Jan 26 BUILDING AND LOAN. Directors may contract with association; when.
58-39 Mar 29 BOND INVESTMENT COMPANIES. Commissioner of Finance has the power to examine Bond Investment Companies.
58-39 May 6 POLICE BILL.
AMENDMENTS TO.
Lawmakers may not infringe upon the appointive powers of the Governor in enacting legislation.
58-39 May 25 BUILDING AND LOAN. Agreement between Federal Association and State Association covered by joint faithful performance bond that Federal Association shall have priority does not meet requirements of Section 5591, Laws of Missouri, 1931, p. 147.
58-39 Aug 17 BUILDING & LOAN ASS’NS. (1) Officer or employee may furnish individual bond without “faithful performance of duty” clause; (2) Bond cannot be cancelled without ten days notice in writing; (3) Supervisor of Building and Loan Associations may prepare form of individual bond in compliance with House Bill 166.
58-39 Dec 13 Mr. Hue D. McDonald WITHDRAWN
59-39 Jan 3 ELECTIONS. Persons convicted of violating Section 7783(g) are disqualified from voting.
59-39 Mar 1 SCHOOLS. Rural School District may purchase land adjacent to a school for road purposes.
59-39 Mar 10 ELECTIONS. Board of Election Commissioners of St. Louis County to make canvass alone of election returns.
59-39 Mar 28 SCHOOLS. Directors of town school district cannot dispose of building or school house site until another building or school house site has been provided.
59-39 Mar 28 PHYSICIANS. Must not operate on adults without consent or on minors without obtaining consent of parents, or inmates at Intermediate Reformatory.
59-39 Apr 15 TAXATION. Buildings owned by lessees are subject to taxation separate from the land.
59-39 May 6 ASSESSORS. (1) Compensation for taking list containing only undivided interest in real estate in counties of 40,000 or less. (2) Compensation for entering tract so owned in land book.
59-39 May 10 COUNTY COLLECTOR. It is mandatory on the county collector to withhold fees to witnesses or grand jurors for delinquent taxes, even though the taxes are in a larger amount than the warrants.
59-39 May 16 SCHOOLS. County Superintendent of Schools not entitled to any unexpended balance in fund created by Section 9475, R. S. Mo. 1929.
59-39 Aug 2 TAXES. Cost of making resurvey of city property.
59-39 Nov 7 BOARD OF OPTOMETRY. Secretary of board must be selected by the board and cannot be appointed by the Governor.
59-39 Dec 14 TAXATION. City collector of city of second class cannot assess a penalty of more than 1% upon delinquent real estate taxes but can assess and is entitled to 3% of the total penalty of not more than 5% on personal delinquent taxes.
59-39 Dec 30 TAXATION AND REVENUE. 1. Trustee appointed under the provisions of 9953b, Laws of Missouri 1939, at page 851, is to receive his fees as a part of the costs. 2. That by order of County Court the trustee may sell for a less or greater sum than the taxes.
60-39 Apr 4 BONDS.
SURETY BONDS.
COLLECTORS’ BONDS.
OFFICERS.
1. Payment of premium of surety bond not mandatory on public body. 2. Premium to be paid out of Class 4. 3. Entire premium to be paid for by county and not apportioned among the funds protected.
60-39 Aug 1 OFFICERS. Deputy County Tax Collector may not be appointed Trustee for purchases of lands and lots under Senate Bill No. 311, 60th General Assembly.
60-39 Sept 7 NATIONAL GUARD.
ENLISTED MEN.
There is no law, state or federal, which prohibits the discharge of a civilian employee, other than an employee of the United States, for the sole reason of his attendance at a National Guard Encampment undergoing federal training.
62-39 Feb 28 TAXATION AND REVENUE. Legal representative of minor may redeem from the Collector after sale and delivery of deed, if no controversy of fact; otherwise right of party to redeem must be established in court of competent jurisdiction.
62-39 Mar 22 SCHOOLS. It is not legal to have challengers and watchers in the polls at school elections.
62-39 Mar 31 PROSECUTING ATTORNEY FEES. When dismissal is at cost of defendant such fee is not taxable as a part of the cost.
62-39 Apr 12 SCHOOLS.
TRANSPORTATION.
CONSOLIDATED DISTRICTS.
The board of directors of consolidated districts, unless authorized by vote of the electors of the district, may not provide for transportation of pupils in elementary schools except where the average daily attendance falls below ten.
62-39 May 9 Hon. John W. Mitchell WITHDRAWN
62-39 June 16 FERTILIZER LAWS.
AGRICULTURE.
Agriculture Experiment Station must label or tag each separate parcel of “Vigoro” before it may be exposed for sale.
62-39 Oct 20 COLLECTORS AND SHERIFFS. Authorized to appoint salaried attorneys under House Bill No. 480.
62-39 Dec 29 SHERIFF’S FEES. Amount entitled for services under Sections 11789 and 11791, R. S. Mo. 1929.
63-39 Feb 24 GAMBLING. Prosecution for punch boards brought under Section 4290 R. S. Mo. 1929.
63-39 Mar 23 STATE HIGHWAY PATROL. Meaning of “resident tax paying citizen.”
63-39 June 2 LOTTERIES. Use of photographs to select winner.
63-39 Dec 19 TAXATION AND REVENUE.
COUNTY BUDGET LAW.
REFUNDING OF TAXES.
Taxes unlawfully collected should be refunded out of Class 5 under the County Budget Act.
64-39 Apr 3 CRIMINAL COSTS. Payment of an insufficient check after five days is not a defense to the action.
64-39 Apr 3 TAXATION.
COUNTY CLERK AND EXTENSION OF TAXES.
County Clerk should extend taxes separate for each bond issue.
64-39 Dec 22 PROSECUTING ATTORNEY.
COUNTY TREASURER.
COUNTY COURT.
COUNTY CLERK.
Prosecuting Attorneys in certain counties are entitled to additional pay for acting in juvenile cases, under 1939 Session Laws. Treasurer in counties under township organization in certain counties is entitled to additional amount allowed under 1939 Session Laws. County Judges are entitled to mileage in certain counties under the 1939 Session Law. County Clerk in certain counties is allowed $500.00 additional pay as budget officer, under the 1939 Session Law.
65-39 Feb 23 STATE ATHLETIC COMMISSION. Rule of commission is superior to rule of city commission.
65-39 Mar 27 ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
PROPERTY SUBJECT TO TAX.
DISTRICT FUNDS EXPENDED.
WHERE.
Special road districts organized under Art. IX, chap. 42, R. S. Mo. 1929, are not authorized to make levies for road and bridge purposes. Cities located in a special road district are not exempt from the general levies for road and bridge purposes. Special road district funds to the amount of 25% of the amount collected in a city may be expended by the commissioners on the streets in such city.
65-39 Apr 18 TAXATION.
ROAD AND BRIDGE LEVY AND BUDGET ACT.
All road and bridge taxes collected on properties in special road district should be paid to the special road district on demand even though such taxes are apportioned as provided by the County Budget Act.
65-39 May 5 LOAN & INVESTMENT COMPANIES. Additional powers conferred on Loan and Investment Companies do not apply to individuals.
65-39 July 18 SCHOOLS.
BOARD OF EDUCATION.
RETIREMENT OF TEACHERS.
USING PUBLIC REVENUE FOR PAYMENT INTO RETIREMENT FUND.
Board of Education in cities of 500,000 or over may not terminate the tenure of teachers on the basis of age without recommendation of the Superintendent of Instruction. Revenues may be used to pay teachers retired from service.
65-39 Aug 22 TAXATION. No exemption allowed on execution of judgment for personal taxes.
65-39 Aug 29 SWEEPSTAKE TICKET. Lottery.
65-39 Aug 30 ROAD DISTRICTS.
MUNICIPAL CORPORATIONS.
City of the fourth class cannot organize itself into a special road district under Section 7047, R. S. Mo. 1929.
65-39 Sept 26 TAXATION AND REVENUE. Until final sale, under the provisions of Senate Bill No. 311, Laws of Missouri 1939 and especially Section 9953a thereof, or delivery of a deed under the provisions of Section 9957, Senate Bill No. 94, Laws of Missouri 1933, cities may collect delinquent taxes on real estate as provided by statute, the lien for general taxes being paramount is unaffected by such procedure.
65-39 Dec 1 SCHOOLS.
COUNTY COURT.
It is not necessary that the Circuit Court be in session to constitute a valid sale under Section 9254 R. S. Missouri, 1929.
65-39 Dec 14 ROAD DISTRICTS. Under Section 7868, R. S. Missouri, 1929, County may organize only one road district for the whole county excluding all special road districts.
66-39 Feb 23 CITIES. May, by ordinance impose reasonable monthly service charge for sewer service connections.
66-39 Mar 18 Mr. R. J. Newport WITHDRAWN
66-39 Oct 6 WORKMEN’S COMPENSATION COMMISSION.
RULES AND REGULATIONS IN REGARD TO EXAMINATION OF RECORDS OF EMPLOYERS.
Workmen’s Compensation Commission may not make a rule authorizing the Commission to examine the records of employers to determine whether or not such rule has been violated.
67-39 Aug 28 SOCIAL SECURITY. Residence requirement for aid for dependent children.
68-39 Jan 21 CHIROPRACTIC BOARD. Member whose term expires and office is filled by another’s appointment is out of office.
68-39 Jan 30 DEAD BODIES. If any person shall die without means of burial expenses, the person or persons having the body of such person in their custody are required to notify the Secretary of the Anatomical Board.
68-39 Mar 27 CHIROPRACTIC. Four members can issue license. Biennial successive renewals of license with attendant fee is compulsory and without exception.
68-39 Apr 20 ASSESSMENT. Assessors should assess all real property if the ownership on June 1st of the year preceding the collection of taxes.
68-39 May 16 THE COUNTY COLLECTOR.
TAX RECEIPTS.
County collector may make a tax receipt in any form he desires so long as it evidences the payment of the taxes on the property and for the period for which the taxes are paid.
68-39 June 20 Dr. T. C. Oyler WITHDRAWN
68-39 Oct 7 PROSECUTING ATTORNEY.
COUNTY HOSPITALS.
Duty to represent county hospitals. May spend hospital funds to pay cost of litigation, but may not hire or pay private counsel.
68-39 Dec 29 MUNICIPAL CORPORATIONS. Jefferson City, being a city of the third class may issue bonds for the erection of a municipal office building that may be partly used by state offices.
69-39 Jan 26 COUNTY COURTS.
COUNTY BUDGET.
County courts where they have transferred funds from the road fund to the general fund may not replace such moneys until all claims, including the fifth class claims, have been paid.
69-39 Jan 26 Dr. Harry F. Parker WITHDRAWN
69-39 July 5 STATE BOARD OF HEALTH. Definition of hotel – certain hotels required to have fire escapes.
69-39 July 24 STATE BOARD OF HEALTH. Not required to register births of children adopted in this state, when not born in Missouri.
69-39 Nov 16 STATE BOARD OF HEALTH. Regulations respecting control of venereal diseases within statutory powers of Board.
70-39 May 23 MUNICIPAL CORPORATIONS. City of the Third Class may enter into an exclusive contract with an individual for collection of garbage and assess a fee for its removal.
71-39 Jan 31 COUNTY TREASURER. No vacancy exists in the office of county treasurer by virtue of the failure of treasurer-elect to qualify under Laws of Mo. 1937, p. 425.
71-39 Feb 23 INTOXICATING LIQUOR.
CRIMINAL PROCEDURE.
Shipments of intoxicating liquor when interstate and when intrastate. When officers may search and seize liquor.
71-39 Apr 17 TAXATION. 1. Drainage Districts by Circuit Court. Refunding under Sec. 11022 R. S. Mo. 1929. Powers of Board of supervisors. 2. Collector must collect and pay over tax included in “drainage tax book” and in so doing is not liable on his bond.
71-39 May 24 GUARDIANS.
CURATORS.
REAL ESTATE OF WARDS.
MANAGING OF.
A guardian of an insane ward may convey mineral rights of ward’s real estate but should follow the statutes relating to conveyance of real estate for his procedure.
71-39 May 26 LIQUOR.
TAXPAYERS.
A person paying only sales taxes and no other taxes is not eligible for a liquor license.
71-39 June 24 LIQUOR CONTROL.
LICENSING OF A CORPORATION.
The managing officer of a corporation which desires to obtain a license to sell intoxicating liquor is not required to be a resident and taxpaying citizen of a town or village in which he proposes to sell intoxicating liquor.
71-39 July 24 INTOXICATING LIQUOR.
CORPORATIONS CRIMINALLY LIABLE FOR VIOLATIONS OF LIQUOR CONTROL ACT.
Officers, agents, servants and employees participating in violations also criminally liable.
71-39 Aug 3 CITIZENSHIP. Service in the United States military forces does not automatically create citizenship.
71-39 Sept 27 LIQUOR. In making the refunds authorized by Section 119 of House Bill No. 716, the Supervisor of Liquor Control must pay State Treasurer face amount of stamps out of the fund specifically appropriated for that purpose.
71-39 Sept 28 LIQUOR. Liquor dealers cannot sell wine in unstamped bottles.
71-39 Oct 17 CIRCUIT CLERK.
EX-OFFICIO RECORDER OF DEEDS.
He shall make his report and pay all fees in monthly and the county court shall pay the clerk who is ex-officio Recorder of Deeds a salary at the end of each month. Both procedures are mandatory.
71-39 Nov 9 Hon. Walker Pierce WITHDRAWN
71-39 Nov 17 LIQUOR. Boats operating on navigable streams within this state cannot be licensed to sell intoxicating liquor and, therefore, all such sales are illegal.
71-39 Nov 18 LIQUOR. In city elections on question of whether intoxicating liquor containing more than 5% alcohol by weight can be sold by the drink, at least a majority of the qualified voters must vote. Then a majority of those voting controls the election.
71-39 Dec 28 LIQUOR. Liquor licensees authorized to sell intoxicating liquor by the drink may also sell 3.2% beer under the same license.
72-39 Apr 21 WITHDRAWN
75-39 May 12 OFFICERS. Police Commissioners at St. Joseph is not city officer but a state officer as far as city council contracts for material be concerned.
75-39 Nov 7 OFFICERS.
PAYMENT OF SALARIES IN ADVANCE.
The court has no authority to advance the salary of any county officer.
76-39 Aug 2 COUNTY CONTRACTS. Officers cannot be interested in contracts of the county.
76-39 Dec 8 PUBLIC SERVICE COMMISSION. Can not exact motor carrier’s license from trucker transporting livestock from farm to market and on the return trip hauling his (the truckers) own property.
77-39 Mar 17 Recipient of Blind Pension may request his name stricken from the Blind Pension Roll.
77-39 Apr 13 OFFICERS. Circuit Judges can not lawfully hold office of school director.
77-39 May 22 RAILROADS.
SAFETY DEVICES AND INTERSTATE COMMERCE COMMISSION.
Safety devices for engines of railroads should be required and ordered by the Interstate Commerce Commission.
80-39 Oct 3 TAXATION AND REVENUE. Succeeding Collector should give credit for payment of delinquent taxes on real estate when the county court finds, by its written order of record, that such taxes were paid and a valid receipt was given by the former Collector for such payment, absent fraud or mistake.
80-39 Nov 30 PROSECUTING ATTORNEYS. Duties imposed on other administrative officials to direct prosecutions do not relieve prosecuting attorneys of their duties in regard to same.
81-39 Feb 23 TAXATION. Allocation clause of House Bill No. 14 is unconstitutional on account of class legislation.
81-39 June 6 RECORDER OF DEEDS.
FEES.
Fees of recorder of deeds for making certified copies.
81-39 June 16 TAXATION.
COLLECTION OF DELINQUENT TAXES IN CITIES UNDER A SPECIAL CHARTER.
Cities operating under a special charter should certify their delinquent taxes to the county collector unless the charter provides for such collection.
81-39 Sept 5 UNEMPLOYMENT COMPENSATION. “Notice of Lien” need not be acknowledged for filing in the office of the Recorder of Deeds.
81-39 Sept 22 RECORDER OF DEEDS. Under the statutes no fee is allowed a recorder of deeds for the filing of a “Notice of Lien” under Unemployment Compensation Act.
81-39 Oct 12 LABOR COMMISSIONER. Labor and Industrial Inspection Department must retain reports indefinitely.
81-39 Oct 13 COMMISSIONER OF LABOR AND INDUSTRIAL INSPECTION. Has the right to inspect and collect inspection fees from gasoline filling stations and bulk stations.
81-39 Oct 13 MOTOR VEHICLES. Certification of the description of the chattel mortgage on a motor vehicle can only be placed upon the certificate of title.
81-39 Oct 24 COMMISSIONER OF LABOR. Has power to administer oaths or affirmations, to examine witnesses where he finds them and to take and preserve evidence, all provided Commissioner request information relative to his duties. Such evidence inadmissible in criminal prosecution except as admission.
81-39 Dec 5 STATUTES.
REPEAL OF STATUTES.
EFFECT OF REPEAL.
The effect of the repeal of a statute is to revoke or recall the provisions of same.
81-39 Dec 21 LABOR. Person remaking bedding consisting of sterilized feathers not required to obtain a permit or pay fee.
82-39 May 22 CLERKS OF COURTS – COSTS. Circuit Clerk in issuing fee bills for costs should include therein all costs of case including jurors’ and witness’ fees, sheriffs’ costs etc. If plaintiff deposits an amount for security of costs and the same is not sufficient to include all costs of case the plaintiff if he is losing party can be required to pay the difference. Fee bills, and executions thereon can be issued up to or during such time thereafter as judgment for costs might be revived.
83-39 Feb 10 CRIMINAL COSTS. State Highway Patrolmen are entitled to witness fees when the trial is held more than five miles from their place of residence and are entitled to the same fees for the transportation of prisoner as allowed the sheriff or any other officer.
83-39 Feb 20 CIRCUIT CLERKS. Interested parties desiring papers recorded in office of circuit clerks may obtain same by paying fee provided in Section 11678, R. S. Mo. 1929.
83-39 Mar 10 CRIMINAL COSTS. Sheriff is not entitled to mileage fees for a deputy sheriff for the apprehension of a prisoner before conviction.
83-39 Mar 13 PROSECUTING ATTORNEY. Can be Probation Officer without violation of Section 18, Article 9 of the Missouri Constitution.
83-39 Mar 21 CITIES AND STATE BUILDINGS. Construction of State Buildings not subject to city ordinances.
83-39 Apr 5 LEGISLATION.
UNCONSTITUTIONALITY.
A law expiring of its own force at a given future date cannot be revived or re-enacted without setting it out in full.
83-39 Apr 13 ROADS AND HIGHWAYS.
SPECIAL ROAD DISTRICTS.
COMMISSIONERS EXPENDING ROAD FUNDS OUTSIDE OF THE DISTRICT.
The funds of a special road district may be expended outside of the district under certain circumstances.
83-39 Apr 21 RECORDER OF DEEDS.
WHAT INSTRUMENT SHALL BE RECORDED.
Instruments of writing affecting real estate shall be recorded only when they have been duly acknowledged or proved by the grantor named in such instrument.
83-39 May 3 CONSTABLE. Entitled to 10¢ per mile for serving court processes when arresting a person in another county.
83-39 May 25 CRIMINAL PROCEDURE.
COST BILLS.
SIGNING AND CERTIFYING.
The trial judge is the proper party to certify a criminal cost bill.
83-39 June 9 TAXATION.
SALES TAX.
INTERSTATE COMMERCE TRANSACTIONS.
Contracts for sales of goods or for services consummated within the State of Missouri are subject to the provisions of sales tax regardless of the residence of the parties to the contract or of the location of the property.
83-39 June 12 JUSTICES OF THE PEACE.
SALARIES AND FEES.
A justice of the peace who is paid a salary cannot retain the fees which come into his court.
83-39 June 13 PUBLIC ADMINISTRATOR. He may apply for appointment as administrator when a resident of this state has disappeared for a period of over seven years.
83-39 June 23 INSURANCE.
FRATERNAL INSURANCE.
Senate Bill No. 286, known as the Fraternal Insurance Act, exempts voluntary unincorporated associations issuing insurance contracts such as the Brotherhood of Locomotive Engineers and the Brotherhood of Locomotive Firemen and Enginemen from the provisions of the fraternal laws, however, the women’s auxiliaries of such brotherhoods must comply with the fraternal laws of Missouri, unless the insurance contracts involved are benefits provided exclusively through local or subordinate lodges. Such brotherhoods are suable entities in courts of this state when insurance contract are involved.
83-39 July 18 PROSECUTING ATTORNEY. Special Prosecuting Attorney not entitled to salary or fees.
83-39 July 20 INCOME TAX, GRAND JURY. Income Tax Returns must be produced under subpoena duces tecum to the Grand Jury.
83-39 July 27 INTOXICATING LIQUOR. Person paying only sales tax not eligible for liquor license. Section 27 of Liquor Laws does not apply to 3.2 per cent beer license.
83-39 Aug 10 CRIMINAL COSTS. State is not liable for costs in apprehending a parolee sentenced to the penitentiary by a Circuit Judge upon revocation of the parole. Parole is not part of case proper.
83-39 Aug 11 TAXATION AND REVENUE. Unless drainage, levee and special improvement districts have protected their interest by paying the general taxes or redeeming before the third general tax sale, they have thereby lost their claim for assessments for the particular years involved. Also they must redeem the certificates of purchase as provided in Section 9963f, supra, as a condition precedent to the foreclosure of their lien.
83-39 Nov 16 CRIMINAL COSTS. Upon a case being “continued generally” on either a capital case, penitentiary case or county jail sentence, or fine, the cost is taxed but not certified to either the State Auditor or Clerk of the County Court.
83-39 Dec 6 ESCHEATS. Time spent in the army under Section 890 R. S. Missouri, 1929, should be excluded from the twenty-one year limitation on escheats to the state.
83-39 Dec 12 TAXATION AND REVENUE. (1) Collector can offer resales after effective date of Senate Bill No. 311. (2) Necessary steps for collector to follow. (3) When collector should issue a tax deed thereunder. (4) Retroactive feature of Senate Bill No. 311.
83-39 Dec 20 BARBER BOARD. Physical and mental examination of barbers to be conducted by licensed physician under direction of State Board of Health.
84-39 Mar 14 COUNTY COURT. County Court of Platte County cannot appoint a purchasing agent, but must purchase supplies for all county offices except that of sheriff.
85-39 Jan 13 COUNTY BUDGET ACT. Surplus of funds after payment of judgment may be transferred to general revenue fund for retiring protested warrants; under Laws of 1933, p. 340, County Court may include such balance in estimate for ensuing year’s expenditures.
85-39 Jan 18 SHERIFFS.
CONSTABLES.
Constables may not supplant sheriffs in performance of duties imposed upon sheriffs under the law. Constables may be used as elisors in the event the sheriff is disqualified from acting.
85-39 June 23 MOTOR VEHICLES. Commissioner may permit corporation that has changed its name to retain and continue use of dealer’s license plates issued to it without making new application and payment of additional fees.
85-39 Oct 16 SCHOOLS & CHILDREN. Manner of enforcing compulsory school attendance laws.
85-39 Oct 19 COUNTY COURTS. The right of county courts to compromise with delinquent officials.
85-39 Nov 30 COMMISSIONS.
COUNTY SURVEYORS.
Governor has no power to withdraw commissions once issued. County surveyors may be removed for delinquencies in office by general statutory method.
86-39 Jan 20 DEDICATION.
ROADS.
County Court can enforce easement in platted streets for public uses unless there be an abandonment of the easement.
86-39 Jan 26 CRIMINAL COSTS. A dismissal for nolle prosequi is the same as an acquittal in regard to payment of costs.
86-39 Mar 8 COUNTY COURTS. Marion County Court can only hold sessions in the county seat of Palmyra.
86-39 Apr 10 ELECTIONS. Failure to provide proper accommodations for voting.
86-39 July 24 MUNICIPAL CORPORATIONS. Any charter provision which is not a mere detail of the running of a city and in conflict with the State Constitution or State Law is void.
86-39 Sept 13 TAXATION AND REVENUE. Sale for taxes for 1932, barred by statute of limitations from sale in 1938, absent suit for taxes or judgment thereon or action under Senate Bill #94. Collector failing to exercise statutory remedy of collecting taxes is liable on his bond for the same.
86-39 Oct 7 JUSTICES OF THE PEACE. May perform marriage ceremonies only in their respective townships.
86-39 Dec 20 STATE HIGHWAY COMMISSION. The word “axle” as used in Section 7788 R. S. Missouri, 1929, does not mean “rocker arm” which makes several axles.
86-39 Dec 21 PRINTING. $1.00 for each description is the maximum amount the County Court can pay for printing under Section 9952b, Laws of Mo. 1935.
87-39 Jan 27 TAXATION. County Clerk or Deputy in the office of County Clerk only can collect dog tax fee. The law itself is in operation upon publication of the notice of the favorable election by the county court.
87-39 Feb 14 COUNTY COURTS.
COUNTY WARRANTS.
ROAD DISTRICTS.
Warrants issued by the county court for general road districts which are in excess of anticipated revenue are void and the road district is not liable. Treasurer is liable for paying warrants out of revenue for years other than for which it was issued unless there a surplus.
88-39 Feb 24 Mr. Paul H. Teal WITHDRAWN
88-39 June 22 ELECTIONS.
MAJORITY.
Majority of the elected members present constitutes a quorum when they pass on election contests.
89-39 Feb 21 Hon. Gene Thompson WITHDRAWN
89-39 Apr 10 SCHOOLS.
BOARD OF DIRECTORS.
SCHOOL SITES.
Board of directors are not authorized to change the school site without consent of the voters.
90-39 Jan 24 CIRCUIT CLERKS. Sections 11677 and 11678 R. S. Mo. 1929 are still in effect.
90-39 Feb 15 FEES.
CORONERS INQUEST.
Fees allowed to Doctor for post-mortem. Autopsy. Witness fee.
90-39 Aug 17 TAXATION AND REVENUE. Cities of the third class must collect their taxes on real estate under the provision of Senate Bill No. 94 of the Laws of Missouri for 1933. Section 9953b of Senate Bill No. 311 of the 60th General Assembly does not apply to cities of the state except the City of St. Louis in the capacity of a county.
90-39 Sept 9 Mr. E. S. Trantham WITHDRAWN
90-39 Dec 19 Mr. E. S. Trantham WITHDRAWN
91-39 Jan 6 Opinion letter to the United States Treasury Department.
91-39 Nov 8 CHATTEL MORTGAGES. Kansas Certificate of Title must be stamped by recorder of deeds if requested by the mortgagee when the chattel mortgage is executed in the State of Missouri.
92-39 Mar 25 RECORDER OF DEEDS.
COUNTY COURT.
Court only fixes reasonable amount for recorder to retain out of excess fees for deputy hire.
92-39 Oct 12 Mr. C. G. Vogt WITHDRAWN
93-39 Mar 16 BUILDING PERMITS. Assessor may not revoke a building permit issued under and by virtue of Article 2, Chapter 112 R. S. Mo. 1929.
93-39 Aug 28 UNEMPLOYMENT COMPENSATION FUND AND ADMINISTRATION FUND. Depositories and securities.
93-39 Nov 9 CONSTABLES. Deputy constables in St. Louis County must be approved by a majority of the Circuit Judges and are not entitled to fees but are paid a salary.
93-39 Dec 11 JUSTICE OF THE PEACE. A justice of the peace in St. Louis County must account for and pay over to the county treasurer the fee of $2.00 he receives for solemnizing a marriage.
94-39 Nov 17 TAXATION AND EXEMPTION. Municipal corporation which purchases tax certificates must pay all taxes due to the date of the issuance of the deed before the collector is authorized to execute and deliver the deed. Such city will be exempt from paying taxes assessed on such property but not yet due.
94-39 Nov 18 TAXATION MERCHANTS. Ad valorem tax due even though merchant commences business after first Monday in June and is prorated.
96-39 Apr 14 SCHOOLS. Transportation of pupils.
97-39 Apr 12 BOARDS. Board of Trustee of Confederate Home cannot compromise litigation.
97-39 Sept 8 NEPOTISM. Wives of school directors who are first cousins to teacher’s husband are not related by affinity within the terms of the Nepotism Act.
98-39 Jan 10 JUSTICES OF THE PEACE. Authority to appoint additional justice under Section 2137, R. S. Mo. 1929.
98-39 Feb 21 SHERIFF. The county court in the November Term must make an order allowing a definite amount for the board of each person for each day, notwithstanding the sheriff boards Federal prisoners.
98-39 Aug 23 Hon. Conn Withers WITHDRAWN
98-39 Oct 28 STATE PURCHASING AGENT.
STATE TREASURER.
The State Treasurer rather than the State Purchasing Agent is given the duty by law to purchase liquor stamps.
99-39 Mar 15 INFORMATION. Approved form of information under Section 4304 R. S. Mo. 1929.
99-39 July 1 INSANE PERSONS. Cole County is liable for the expenses of a patient originally declared insane by said county and becomes insane again, even though the patient has been residing in another county for several months. The county may, in its discretion, bear the expense of a person found insane when the residence is not known and cannot be determined.