1940 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-40 Apr 23 SCHOOLS. County Court cannot discount or compromise a loan made out of the school funds.
1-40 Oct 18 ELECTIONS. Certificates of nomination of Independent candidates signed by electors must be acknowledged and follow Section 10241 R. S. Missouri, 1929.
5-40 Jan 12 ELECTIONS.
DOG LAW.
After the provisions of the law pertaining to taxation of dogs has been adopted same may not be abolished by later election.
5-40 June 13 RECORDER OF DEEDS. When population of county exceeds 20,000, circuit clerk and recorder are separate, the recorder’s office to be filled by election in 1942 and every four years thereafter.
5-40 Aug 15 MUNICIPAL CORPORATIONS.
FEDERAL SURPLUS COMMODITIES CORPORATION.
APPROPRIATION OF PUBLIC MONEYS.
Municipal corporations of the second class may appropriate public moneys to be used by Surplus Commodities Corporation to carry out the purposes for which that corporation was formed.
7-40 July 5 MUNICIPALITIES. Motor Vehicle Fuel Tax Reports of Kansas City, Missouri, may be inspected, when.
8-40 June 13 HIGHWAYS. Township Board has exclusive right to purchase material and make all necessary contracts in the expenditure of bond money in the construction and reconstruction of roads under Section 7946, R. S. Mo. 1929. Section 7963, R. S. Mo. 1929, also discussed. All expenditures over the sum of $500.00 must be a public letting.
9-40 Mar 6 TAXATION AND REVENUE.
LEVY OF TAXES.
The levy for current county expenses and for the purpose of paying outstanding obligations may not be made by the county court in excess of the constitutional limit.
9-40 June 6 SHERIFFS. Payment of salary to jailer or to sheriff out of county fund is not authorized.
10-40 Jan 23 STATE PARK BOARD.
UNEMPLOYMENT COMPENSATION.
CONCESSION OPERATORS IN THE PARK.
The fact that employers operate concessions in state parks does not release them for liability for unemployment compensation tax.
10-40 Feb 15 LIQUOR. Failure to keep an orderly house had not been made a punishable crime by Section 13139-z-24 of the Non-intoxicating Beer Laws.
10-40 Mar 4 PROSECUTING ATTORNEY.
INSANITY HEARING.
Prosecuting Attorney should not accept appointment by the county court as attorney for an alleged insane person in an insanity hearing before the county court.
10-40 June 29 LOTTERIES.
LIQUOR.
Dividend card plan used by merchants giving prizes in varying amounts after $10.00 worth of purchases are made, constitute a lottery and violates regulations of Liquor Department.
10-40 July 19 LIQUOR. Package goods dealer cannot give samples of liquor to customers and allow same to be consumed on premises.
10-40 Aug 20 FOODS AND DRUGS. Only licensed pharmacists may remove poisons from original package and dispense same in other packages.
10-40 Nov 26 GAME AND FISH.
CONSERVATION COMMISSION.
SALE OF RABBITS AT RESTAURANT OR CAFÉ.
Persons who serve rabbits for a charge are not included in the definition of the term “retail vendor” and not required to have a permit under Conservation Commission Code Section 37, subdivision (1).
11-40 Sept 17 RECORDERS. Where chattel mortgages convey personal property, and also affecting real property, they should be recorded.
12-40 Jan 22 OFFICERS AND EMPLOYEES.
WITNESS FEES AND EXPENSES.
Public officers and employees may be reimbursed out of the treasury for expenses instant to attendance in response to a subpoena, and whatever amount is collected by such officers as witnesses and for mileage should be turned into the state treasury.
12-40 Sept 17 ELECTIONS. Form of application for ballot and envelope for return of ballot by absentee voter in army or navy.
12-40 Nov 20 ELECTIONS. Ballots may not be counted for nominee, even though straight ticket is voted, where his name does not appear on ballot.
13-40 Nov 25 NUISANCES.
CITIES OF THE THIRD CLASS.
Right of a city of the third class to declare a solicitor or canvasser a nuisance and to prevent him from entering upon private property.
14-40 Jan 23 TAXATION.
TOWNSHIP COLLECTORS’ DUTIES.
DELINQUENT TAXES.
The duties of township collectors in regard to collecting current and delinquent personal taxes.
15-40 Mar 4 RECORDER OF DEEDS. Recorder may appoint deputies with consent of the County Court and may set a reasonable salary without consent of the County Court. Recorder should account for and turn into the County Treasurer all surplus fees at the end of each year.
15-40 May 15 COUNTIES. Construction of Section 2922, R. S. Mo. 1929, authorizing issuance of bonds for funding prior county indebtedness.
15-40 Nov 22 MUNICIPAL CORPORATIONS. Ordinance may be repealed when same does not interfere with vested rights.
16-40 Jan 5 COUNTY COURTS.
TOWNSHIP TREASURERS.
SETTLEMENTS.
County courts in counties under township organization may examine and approve settlements of township trustees.
16-40 Mar 7 TOWNSHIPS. Special election to vote bonds for purchasing land and erecting building.
16-40 Sept 23 MOTOR VEHICLES.
TAXATION.
Gas tax to be paid on gas sold to manufacturers under cost-plus contracts to U. S. Government.
17-40 Feb 19 TAXATION AND REVENUE. A trustee appointed, under the provisions of Section 9953b, Laws of Missouri 1939, at page 851, may sell lands purchased at a third offering of delinquent tax lands under the provisions of Section 9953a, Senate Bill No. 311, Laws of Missouri 1939, only upon order of the County Court. Lands on which there were no bids at the offering provided in Section 9953a, supra, must be reoffered by the collector at least once every five years subsequent to the third offering to toll the statute of limitations.
17-40 June 22 PENAL INSTITUTIONS.
GOVERNOR’S CONSENT TO TRANSFER.
The governor’s consent to transfer of a prisoner from the Intermediate Reformatory to the Penitentiary may be given as a part of the governor’s revocation of the prisoner’s parole. With such consent, subject to the provisions of said Section 8475b, a prisoner may be so transferred.
17-40 Aug 12 PENAL INSTITUTIONS.
CHANGING RECORDS.
Sentences are cumulative and not concurrent where prisoner, while at large on parole from the penitentiary, commits a second felony, is convicted on that charge and sentenced to the penitentiary. The first sentence must be served first. Incorrect prison records should be changed in such manner as to show the serving of sentences in the order of sequence required by law.
17-40 Aug 15 PENAL INSTITUTIONS.
PRISONER RELEASED WHEN.
Convicted, sentenced, incarcerated, paroled. While at large on parole, committed second felony, and again convicted, sentenced, incarcerated. Served total time on first sentence, and paroled as to second one. First sentence must be served first.
17-40 Aug 30 SPECIAL ROAD DISTRICTS. Organized under Article 9, Chapter 42, R. S. Mo. 1929. A special road district not disincorporated until Section 8057, Chapter 42, R. S. Missouri, 1929, has been complied with.
17-40 Nov 15 BOARD OF POLICE COMMISSIONERS. Member may not accept other offices without forfeiting position of member of Board.
18-40 Feb 12 COUNTY BUDGET ACT. (1) Sections 1 and 2, Laws of 1937, page 422, are not repealed by Laws of 1939, p. 660; (2) Counties of under 50,000 can protest warrants and thus enable them to borrow money until taxes are collected.
18-40 May 8 JUSTICE OF THE PEACE. When township is divided, justice becomes justice of the peace of the township in which he is thrown. One justice is to be elected in Lemay and Gravois townships in 1940.
19-40 Mar 7 Hon. Roy Coyne WITHDRAWN
19-40 Apr 6 SCHOOLS. Person elected school director can qualify if taxes have been paid on property in which he had an interest or which could have been assessed to him, even though the taxes be paid by another party.
19-40 Nov 18 TAXATION. County Courts may compromise back taxes when value of land appears less than amount of taxes due.
20-40 Jan 3 COUNTY COURTS. May pledge warrants to corporations authorized to accept pledge of same.
20-40 Jan 10 SCHOOL DISTRICTS. Boundaries.
20-40 Jan 12 TAXATION. Property of handwriting school not exempt from taxation under Art. X, Section 6 of the Constitution of Missouri.
20-40 Mar 27 SCHOOLS.
ELECTION.
(1) No provision in election laws for a challenger for school election. (2) Elector entitled to vote at annual school election even though he has moved to another state and back again to his original residence.
20-40 Apr 10 AGRICULTURE.
STATE VETERINARIAN.
DIPPING SHEEP.
State Veterinarian may issue order requiring dipping of sheep.
20-40 Oct 4 COUNTY WARRANTS. Mandamus lies to compel county collector to accept warrant together with interest in payment of county taxes.
20-40 Nov 28 ROADS AND BRIDGES. 1941 revenue cannot be used to take care of 1940 outstanding warrants in the road and bridge and special road and bridge fund; special road districts are entitled to the funds of their districts upon timely application.
20-40 Dec 5 AGRICULTURE.
DAIRY PRODUCTS.
Section 29, page 202, Laws of Missouri, 1939, prohibits cream buyers from paying a bonus or premium in addition to the posted price; Commissioner of Agriculture may promulgate reasonable rules consistent with the dairy products act.
20-40 Dec 10 AGRICULTURE.
APPROPRIATION FOR CONTROL OF BANG’S DISEASE.
AUTHORITY OF COMMISSIONER TO ENTER INTO CONTRACTS CONCERNING SAME.
LIABILITY OF THE STATE ON ACCOUNT OF SUCH CONTRACTS.
Under the Act of 1939, Commissioner of Agriculture should make new contracts in regard to the control of Bang’s disease. Since Legislature made no appropriation for payment for indemnity then the commissioner would not be authorized to enter into a contact and if he does the State would not be liable thereon.
20-40 Dec 18 COUNTY CLERKS. May not sell insurance covering county property as agent of an insurance company.
21-40 Jan 13 COLLECTORS.
SALARIES AND FEES.
COLLECTING DRAINAGE DISTRICT TAXES.
Commissions allowed collectors for collecting drainage district taxes.
21-40 Feb 1 ROADS.
OVERSEERS.
OBSTRUCTIONS TO HIGHWAYS.
The powers and duties of road overseers in regard to removal of driveways or crossings over ditches connecting highways with private property.
21-40 Apr 3 CRIMINAL LAW. Under Section 4304 R. S. Missouri, 1929 venue of criminal action in county or state where property was obtained. Under Section 4305 R. S. Missouri, 1929 venue in county or state where check was drawn, uttered or delivered.
21-40 May 7 TAXATION AND REVENUE. 1. Form of Deed approved by State Tax Commission proper.
2. Collector shall execute such deeds.
3. Two or more lots sold to same purchaser or purchasers all such parcels shall be included in one deed.
21-40 Nov 26 TAXATION. Construction of Classes One, Two and Three of Sec. 183, R. S. Mo. ’29 – the sale of tax certificates and the delivery of collector’s deed is not affected by the administration of estates.
22-40 Jan 24 MUNICIPAL CORPORATIONS.
ELECTIONS.
To disincorporate a city of the fourth class, petition must contain two thirds of qualified voters and not two thirds of registered voters.
23-40 Jan 15 MUNICIPAL CORPORATIONS.
RESIGNATION OF COUNCILMAN.
No vacancy is created in office until officer’s resignation is accepted, construction of statute 6973 R. S. Missouri, 1929.
23-40 Feb 14 INSANE.
SHERIFF.
Costs of transportation of State Hospital chargeable to county or patient’s estate. Fees of Sheriff for transportation of insane person to hospital.
23-40 Feb 21 CRIMINAL COSTS. In conviction for manslaughter under murder indictment the county is liable for the costs and not the state.
26-40 Feb 6 THE STATE.
MUNICIPAL CORPORATIONS.
Arms of the state government are not bound by ordinances of municipalities pertaining to zoning districts.
27-40 Jan 15 STATE TAX COMMISSION. Powers and duties of the State Tax Commission in regard to the enforcement of the revenue laws.
27-40 Mar 22 FRANCHISE TAX. (1) Right of domestic corporation to allocate portion of capital outstate depends upon facts. (2) Goods sold on consignment are not employed in business in foreign state so that capital so tied up can be allocated.
27-40 Aug 28 TAXATION.
SITUS OF TRUST PROPERTY FOR TAXATION.
Trust property held by two trustees living in different counties shall be assessed in the county in which the trust funds are located and one of the trustees resides.
27-40 Sept 9 TAXATION.
ASSESSMENT.
INTERSTATE BUS AND TRUCK.
The State Tax Commission has power to assess property of common carrier interstate bus and truck lines because they are public utilities, but does not have power to assess property of contract hauler interstate bus and truck lines because they are not public utilities.
27-40 Oct 7 RECORDER OF DEEDS.
DEEDS OF TRUST.
In the event foreclosure proceedings are instituted by one or more bondholders, when the bonds are secured by a deed of trust, only those bonds need be produced to recorder of deeds under the statute.
27-40 Oct 10 JUSTICES OF THE PEACE.
CRIMINAL PROCEDURE.
CHANGE OF VENUE.
Trials in justice courts for misdemeanors must be held in the township in which offense was committed. Justice of the peace is not authorized to send the case to another township and if it is done the justice of the latter township has no jurisdiction to try the case and if it is tried and appealed to the circuit court, the circuit court has no jurisdiction of the case.
27-40 Oct 11 Hon. Melvin Englehart WITHDRAWN
27-40 Dec 13 PROSECUTING ATTORNEY. Prosecuting attorney-elect cannot assume office prior to January 1 if he is leaving December 15th, nor can he appoint a deputy under such circumstances. The present prosecuting attorney can continue to hold office until his successor qualifies and assumes office.
28-40 Feb 16 TAX AND REVENUE. Lands sold at the third publication in the years of 1937 and 1938 are not affected by Senate Bill 311, Laws of Mo. 1939, with reference to making such sales final. Deeds are to be made under provisions of Sec. 9957, Laws of Mo. 1933.
28-40 Mar 14 LIQUOR.
COUNTIES.
A county cannot charge and collect a license fee from distillers whose premises are not located within such county.
28-40 June 27 COUNTY COURTS.
COLLECTORS.
Contract made by county court and collector giving ten per cent contingent fee to attorney for collecting delinquent liquor license and merchants’ license taxes is illegal.
30-40 Jan 5 SCHOOLS. Interpretation of meaning of “incidental expenses” as same appears in Section 13a, Laws of Missouri, 1939, page 718.
31-40 Jan 13 CRIMINAL LAW. Violation of Section 7774, Subsection (c) Laws of Missouri, 1939, page 519-520 is a crime and a criminal prosecution will lie against either buyer or seller. Buyer and seller commits crime when no title to an automobile is passed.
31-40 Jan 25 CRIMINAL LAW. The drawer of a check upon a bank in which he has no funds, under certain circumstances is guilty of a felony under Section 4304 R. S. Missouri, 1929. Form of information.
31-40 Feb 29 Hon. Arkley Frieze WITHDRAWN
32-40 Feb 10 COUNTY COURTS.
PAYMENT OF JUDGMENTS.
County court may be compelled by mandamus to issue warrants in payment of judgments if money for payment of same is available.
32-40 Feb 21 CRIMINAL LAW. A criminal action may be filed against a tavern owner who maintains a public nuisance under Section 4347.
32-40 Apr 3 PEDDLERS. Each employee selling wares of bakery at retail from truck must have state license and may be required to get county license if court so orders.
33-40 Feb 7 MOTOR VEHICLES. Owner of body retains certificate of title when motor is sold.
33-40 June 12 ELECTIONS. Voters may write in name of committeeman although declarations have been filed and candidates’ names appear on ballot.
34-40 Mar 1 ADMINISTRATION. Public Administrator is agent of the Probate Judge. Personal property must be sold before real estate to pay debts and legacies. An estate escheating to the state is subject to inheritance tax return.
35-40 Jan 17 CRIMINAL LAW.
MINES – MINING.
It is a misdemeanor to employ any child under the age of sixteen years to work in a mine or underground work.
35-40 Feb 7 ELEEMOSYNARY INSTITUTIONS. An idiot cannot be committed to the State Industrial Home For Girls.
35-40 Feb 15 TAXATION AND REVENUE. Trustee appointed by County Court, under Section 9953b, purchasing lands for the tax funds, does not include trustees for private individuals. Sale by such trustee eliminates the city tax lien of City of Chillicothe for particular years involved.
35-40 Apr 12 DRAINAGE DISTRICT BY THE COUNTY COURT. There is no provision by statute for the dissolution of a drainage district organized by the county court under Article 2, Chapter 64 R. S. Mo. 1929, and it may not be dissolved except by statute.
35-40 Apr 25 LOTTERIES. Card “Win the Bank” on which lines are drawn through numbers, and persons having the highest total receiving a prize is a lottery under Sections 4314 and 4315 R. S. Mo. 1929.
35-40 May 10 OFFICERS – COUNTY TREASURERS. Right to refuse payment of warrant until contest of election suit has been determined.
35-40 Sept 13 LIQUOR CONTROL. Act does not prohibit sale of liquor in original package over telephone even though seller delivers and collects off the licensed premises.
35-40 Nov 25 TAXATION AND REVENUE. County court may compromise delinquent taxes on real estate before offered for sale, and also for deficiency sales under the provisions of 9953a and 9953b, Laws of Mo. 1933, in event of redemption thereunder and provided, that such sales were consummated before such statutes were repealed.
35-40 Dec 9 Hon. Charles S. Greenwood WITHDRAWN
36-40 Mar 22 ELECTIONS. Nominees for office in city of third class under alternative form of government.
37-40 Feb 6 Hon. Ellsworth Haymes WITHDRAWN
37-40 Feb 9 MARRIAGE LICENSES. In discretion of recorder whether or not applicants for licenses are required to appear personally.
37-40 Feb 20 PENSIONS.
STATE SOCIAL SECURITY COMMISSION.
Regulation refusing to permit persons 65 years of age to file application for six months is unreasonable and contrary to law.
37-40 May 14 ELECTIONS. County Clerk prepares and delivers ballots used in primary and general elections. County Clerk publishes notices of calling of primary election. County Clerk publishes notice showing the nominees for offices. Board of Election Commissioners publishes notice of general election.
37-40 June 1 ELECTIONS. In counties over 150,000 population having registration of voters county clerk prepares and delivers ballots.
37-40 Aug 16 EXTRADITION.
AFFIDAVIT BEFORE MAGISTRATE.
AFFIDAVIT RE PECUNIARY INTEREST.
The sheriff of a county or any other party having no pecuniary interest should be permitted to make an affidavit before a magistrate, and the affidavit regarding pecuniary interest, for interstate rendition purposes.
37-40 Sept 20 ELECTIONS. County Clerks should furnish ballots in counties having a population of more than 150,000.
38-40 Jan 4 TAXATION.
COLLECTOR OF REVENUE.
RECOVERY OF EXCESS COMMISSIONS.
WHO MAY BRING SUIT FOR.
The county is not authorized to bring suit for excess commissions paid to the collector by taxpayers.
38-40 Jan 4 RECORDER OF DEEDS. Required to settle with county court at the end of each year.
38-40 Jan 23 COUNTY BUDGET ACT. Section 17, Laws of Missouri, 1939, page 660, applies only to counties having a population of over 50,000 inhabitants.
38-40 Jan 25 ELECTIONS.
BOARD OF ELECTION COMMISSIONERS.
COMPENSATION OF ASSISTANTS.
Board of election commissioners in certain cities may fix the compensation of assistants and provide whether such compensation shall be for calendar days or for days which assistants are actually on duty.
38-40 Apr 2 SPECIAL ROAD DISTRICTS. County Court should make every effort to comply with the terms of Section 8026, R. S. Mo. 1929, and proceed to appoint commissioners.
38-40 Apr 19 SCHOOLS. State Superintendent of Schools has a right to withhold equalization quota funds from districts which do not employ teacher having 50 hours college credit.
38-40 May 1 SOCIAL SECURITY. Money received from sale of containers must be placed in relief fund and must be appropriated.
38-40 May 11 LIQUOR.
BONDS.
No authority given to compromise and settle liquor bonds. State must accept $2,000.00 in the event of a violation, or nothing, if law is not violated.
38-40 June 25 ELECTIONS. Challengers and watchers in City of St. Louis must be appointed by Chairman or presiding officer of the chief managing committee of each political party having representation on the Board of Election Commissioners.
38-40 Sept 26 COUNTIES.
FEDERAL SURPLUS COMMODITIES CORPORATION.
APPROPRIATION OF PUBLIC MONEYS FOR.
County Courts may appropriate public funds to Surplus Commodities Corporation to carry out the purpose for which that corporation was formed, provided, the funds are available and not in conflict with the provision of the County Budget Law.
38-40 Nov 12 COUNTY CLERK. Appointee to fill vacancy serves until general election only.
39-40 Jan 3 ELEEMOSYNARY INSTITUTIONS. Method of payment to State Hospitals for support of patients committed as habitual drunkards or drug addicts.
39-40 Nov 27 STATE CANCER HOSPITAL.
RESIDENCE.
No specified length of time required to establish a new residence. Where new residence established by patient, must be recertified and county of patient’s new residence becomes liable for future support.
40-40 Jan 4 TAXATION AND REVENUE. I. Cities of special statutory charter must certify their delinquent taxes on real estate to the county collector for collection unless the charter provides a special scheme of collection by a city collector.
II. General taxes on real estate become delinquent on January 1st, annually, and county collector shall proceed to enforce the lien of the state thereon and may charge the fees incident thereto.
40-40 Jan 30 SCHOOLS. Member of the Board of Education convicted in Federal County is not disqualified from remaining in office.
40-40 Mar 15 TAXATION AND REVENUE. Length of time Jackson County Board of Equalization may remain in session.
40-40 June 20 ELECTIONS.
PRIMARY.
Candidates can make affidavits for withdrawal of names as candidates for office in primary, anytime prior to printing of the ballot.
41-40 Jan 5 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Annual license fee of interstate motor vehicles under Section 5272, Laws of Mo. 1931.
41-40 Jan 22 BANKS & BANKING. Interpretation of Senate Bill No. 312, Laws of Mo., 1939, p. 758. Amounts of state bonds and municipal bonds that may be held without limitation.
41-40 Feb 16 TAXATION AND REVENUE. Lands purchased by a trustee appointed under Section 9953b are held by such trustee for the sole purpose designated by said statute and does not affect paramount or Junior tax liens assessed and levied for years subsequent to the years for which the land was sold to such trustee.
41-40 Feb 24 INITIATIVE PETITIONS.
ELECTIONS.
CORPORATIONS.
Corporations may contribute money to secure signers on initiative petitions for Constitutional amendments.
41-40 Mar 8 TAXATION AND REVENUE. Failure of certificate holder to have executed and recorded a deed within four years from the date of sale, under the provisions of Section 9954c causes the amount due such purchaser to cease to be a lien on the lands and lots for the particular years involved.
41-40 May 1 TAXATION. Town and village delinquent real estate taxes are to be collected by County Collector. He must accept list certified to him even though late and must sell to satisfy lien even though the state and county taxes are not delinquent.
41-40 Oct 1 LOAN COMPANIES. When Finance Commissioner has authority to revoke or refuse to issue license to “Small Loan” company.
41-40 Dec 31 COUNTY SCHOOL SUPERINTENDENT’S SALARY. Change in salary caused by change in population becomes effective at the beginning of the term year.
42-40 Jan 19 LIQUOR. If applicant for a non-intoxicating beer license pays proper fee to county and meets other license requirements, the county court must issue a license.
42-40 Mar 26 FINES AND PENALTIES. Procedure for instituting suit to recover fine where a part of the proceeds go to a private informer.
42-40 Oct 7 CITIES OF 4TH CLASS. Illegality of part of proposed ordinance.
43-40 Jan 6 MUNICIPALITIES. Hannibal cannot license non-resident towel service business.
43-40 Jan 26 CEMETERIES.
CITIES OF THE FOURTH CLASS.
Authority of cities of the fourth class to control cemeteries.
43-40 Feb 6 TOWNSHIP ORGANIZATION – SCHOOL. Township Collector must pay moneys directly to Treasurer of Consolidated School District under Section 9340, R. S. Mo. 1929. Section 12321, R. S. Mo. 1929, discussed.
43-40 Mar 15 BURIAL SOCIETIES. The right of burial societies to solicit and receive members over the age of sixty-five years.
43-40 Sept 4 CRIMINAL PROCEDURE.
PERFECTING APPEALS.
EXTENDING TIME.
Application for extension of time made to trial court in felony cases within six months period. If made thereafter, should not be ruled on; should be made in Supreme Court.
44-40 Apr 13 ELECTIONS.
VILLAGES.
Board of trustees may determine qualifications, election and returns of members.
45-40 Jan 4 ELEEMOSYNARY INSTITUTIONS. Board of Managers not liable for torts of its agents. Superintendent liable to patient for property entrusted where lack of reasonable care is exercised.
45-40 Jan 12 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.
45-40 Feb 8 ELEEMOSYNARY INSTITUTIONS. State Eleemosynary Institutions must accept indigent insane who are certified under Sections 8652 and 8652a.
45-40 May 29 PENSIONS, BLIND. The Commission may accept bequests, and how same may be expended.
45-40 Aug 17 COUNTY COURT. Judges not entitled to mileage when they sit as members of the county board of equalization.
45-40 Aug 29 MUNICIPAL CORPORATIONS.
TOWNS AND VILLAGES.
Sections 6948 and 7108, R. S. Mo., 1929, Sections 11 and 12, Article X of the Const. of Missouri, construed as to limitations of tax levy on cities, towns and villages.
46-40 July 13 ELECTION JUDGES. Voter must make oath required by Section 10313 before judge is authorized to mark ballot.
49-40 Feb 23 TAXATION AND REVENUE. 1. Trustee has right to bid less than amount of taxes and cost. 2. County may order land sold for less than taxes and costs. 3. Purchase by trustee does not affect subsequent assessment and levy. 4. Deed indexed grantor by Collector to trustee. 5. State Tax Commission has prescribed and promulgated forms.
49-40 May 4 SCHOOLS. Under Laws of Missouri, 1939, Section 9233, page 707, when it becomes necessary through lack of funds, tuition can be paid from teachers’ fund. (Opinion to Mr. E. S. Trantham, September 9, 1939, overruled.)
49-40 Aug 30 SCHOOLS. In deducting money received from state distribution only that amount distributed for teachers’ fund and incidental fund should be deducted from the money estimated to be received from the utilities.
49-40 Sept 6 COUNTY TREASURER. Abolishing Township organization, in counties operating under township organization law, ends term of County Treasurer and Ex Officio Collector.
50-40 Feb 2 MUNICIPAL CORPORATIONS. Cities under thirty thousand under the Constitution may issue a specific levy for a water system, but the general law in all cities is that the bonds must be paid out of the revenues of the water or light system.
51-40 Jan 11 BONDS.
COUNTY COURTS.
Liable for payment of premiums covering officer’s entire term of office when consent and approval made to election of officer to give surety bond.
51-40 Jan 26 PENAL INSTITUTIONS. The Department of Penal Institutions should not pay the expenses of maintaining an insane inmate of the State Industrial Home for Girls who was transferred to State Hospital No. 1 at Fulton.
51-40 May 6 SCHOOLS. County Superintendent is entitled to traveling expenses outside of the county in certain instances.
52-40 Feb 12 SCHOOLS.
STATEMENTS OF VALUATION FURNISHED BY WHOM.
It is the duty of the county superintendent of schools to furnish statements to the district clerks showing the assessed valuation of the district.
54-40 Jan 2 NOTARIES PUBLIC. An acknowledgment of a collector to deeds for land sold at a tax sale taken by a deputy collector in his capacity as notary public is valid.
54-40 Mar 29 HOSPITALS.
TUBERCULOSIS.
Article 6, Section 36 of the Constitution does not so invalidate the terms of Article 2, Chapter 120, R. S. Mo. 1929, that a county tuberculosis hospital cannot be built and maintained.
54-40 Dec 20 CORONERS. County liable for fees of coroner’s inquest over body of deceased, dying in County of Coroner as result of injuries received in another County.
55-40 Jan 22 INSURANCE. Approval of articles of association of Washington Fire and Marine Insurance Company.
55-40 Feb 3 INSURANCE. Mutual stipulated premium companies can not be licensed. Charters of insurance companies are not forfeited because of non-user.
55-40 Feb 15 Letter to Hon. Ray B. Lucas
55-40 Feb 23 INSURANCE. Approval of amendment to Articles of Association of the Washington Fire and Marine Insurance Company.
55-40 May 2 INSURANCE. Mutual insurance companies in existence prior to the year 1899 can become stipulated premium companies without capital stock.
55-40 Aug 17 INSURANCE. 2% gross premium tax on life insurance companies cannot be collected when company is no longer licensed even though some business remains in force.
55-40 Dec 31 INSURANCE. Disapproval of Articles of Association of the Kansas City Casualty Company for failure to supply affidavit of proof of publication.
56-40 Jan 2 CREDIT UNIONS. Authorized to invest funds under provisions of Section 5598a, Laws of Missouri, 1939, page 217.
57-40 Jan 3 SHERIFF. Entitled to mileage in more than one case where the same witness is used in more than one case.
57-40 Jan 24 COUNTY SHERIFFS. Discretionary powers of selecting jail under Section 8545, R. S. Mo. 1929, where county has no jail.
57-40 Jan 26 CRIMINAL LAW. Voluntary surrender of evidence to a sheriff who has no search warrant is admissible in evidence.
57-40 Feb 2 MISSOURI DAIRY LAW. Creamery may refuse to buy cream from any producer so long as it does so on its own initiative and does not combine with others to refuse to buy milk products.
57-40 Feb 13 SALES TAXES. Constable may not refuse to serve execution until he is paid for such service. A refusal to serve the same when it is delivered to him would render him and his bondsmen liable.
57-40 Feb 28 DEPARTMENT OF AGRICULTURE.
EGG INSPECTION.
Rules and regulations prescribed by the Department of Agriculture for the enforcement of the egg inspection laws.
57-40 Mar 28 CONSERVATION COMMISSION.
CONVEYANCE IN TRUST.
Conditions under which Conservation Commission may become possessed of lands in Newton County, Missouri, conveyed in trust to the Izaak Walton League.
57-40 May 8 COMMISSION MERCHANTS. Cooperative marketing associations are not subject to the provisions of the statute applicable to commission merchants.
57-40 May 11 AGRICULTURE. Moniteau County Agricultural and Mechanical Society property incorporated and eligible for State aid.
57-40 July 17 Hon. G. Logan Marr WITHDRAWN
58-40 Jan 24 BUILDING AND LOAN ASSOCIATIONS. (1) Effect of voluntary liquidation upon charter; (2) and reorganization of corporation that has voluntarily liquidated but not dissolved.
58-40 Jan 25 BUILDING & LOAN ASSOCIATIONS. Supervisor may, without resorting to legal process, take charge of an association and its assets and manage and conduct its business.
58-40 Feb 9 MOTOR VEHICLES. Lessee or renter of automobiles for a period of ten days successively is considered the owner of a motor vehicle and must register the same.
58-40 Feb 24 BUILDING AND LOAN. Association which is member of Home Loan Bank cannot borrow in excess of ten per cent from an outside source.
58-40 Feb 24 BUILDING AND LOAN. Association may not purchase stock in another association.
58-40 Apr 15 TAXATION. Board of Education may fix tax under levy voted by people.
58-40 Apr 26 BUILDING AND LOAN. Association must follow reorganization plan even though it is expeditious to ignore same.
58-40 May 29 BUILDING AND LOAN. Withdrawing shareholders are entitled to dividends.
58-40 July 13 BUILDING AND LOAN. Association may not take out life insurance on borrower.
58-40 Sept 24 ASSESSORS.
BUILDING AND LOAN ASSOCIATIONS.
County assessor has right to inspect list of shareholders in building and loan association.
58-40 Sept 25 BUILDING AND LOAN. Only borrower with no shares pledged entitled to cast vote.
59-40 Jan 6 COUNTY CLERKS. Need not account to the county for fifteen cents service charge permitted by Conservation Commission.
59-40 Feb 9 INFORMATION AND INDICTMENTS. It is necessary for the prosecuting witness to endorse his name on an indictment but not necessary that it be endorsed by him on an information.
59-40 May 15 TAXATION. Husband and wife must make separate return for property owned by entirety and as individually owned.
59-40 June 18 LABOR. Section 13218 R. S. Mo. 1929, applies to retail mercantile establishments.
59-40 July 11 OFFICERS. Census increase may cause increase in salary of public official without violating Section 8, Article XIV, Missouri Constitution.
59-40 Dec 21 TAXATION AND REVENUE. In the assessment of lands for general county and state taxes and all subsequent proceedings to foreclose the lien therefore, the description of such lands and lots must be sufficiently definite to lead to identification.
60-40 Jan 8 TOWNSHIP ORGANIZATION.
ROADS, HIGHWAYS & BRIDGES.
Commissioner of Special Road Districts – how selected under Section 8063, R. S. Mo. 1929.
60-40 Jan 18 TAXATION. The County Assessor receives payment on one list which contains both personal property and real estate of each person in the county.
60-40 Jan 19 CRIMINAL LAW. State is liable for costs on a plea of guilty in a felony case, even if the defendant is paroled from the bench.
60-40 Mar 26 ARMORIES.
CRIMINAL LAW.
Commander of Missouri National Guard has right to make reasonable rules and regulations governing state armories. Statute prohibits drinking intoxicating liquors at a lawful public assemblage.
60-40 May 31 ARMORIES.
MUNICIPAL CORPORATIONS.
POWER TO LEVY TAXES FOR MAINTENANCE OF SAME.
Municipal corporations, for the purpose of maintaining armories owned by the state, may levy taxes, or with the consent of two-thirds of the legal voters thereof issue bonds for that purpose.
60-40 Sept 10 SCHOOLS. Only resident pupils may be counted in determining teaching units for state apportionment of funds.
60-40 Dec 14 STATE BONUS ACT. Wife of a deceased veteran not living with him at the time of his death, and not divorced is entitled to bonus under Section 3 of the Bonus Act; she may waive rights and the next person in legal succession may make application.
62-40 Jan 12 Hon. Stephen J. Millett WITHDRAWN
62-40 Feb 16 AGRICULTURE. AAA not required to register for sale of fertilizer.
62-40 Feb 21 TAXATION. Power of trustee appointed under Sec. 9953b, Laws of Missouri, 1939, pp. 851-852, to enter into contracts of sale.
62-40 Feb 23 TAXATION AND REVENUE. 1. Trustee may bid up to total amount of taxes, interest, penalties and cost. 2. County court may not, by order, control trustee in bidding.
62-40 Apr 18 ELECTIONS.
COUNTY AUDITOR.
May be candidate for another office without resigning as County Auditor.
62-40 Dec 6 SHERIFF ST. LOUIS COUNTY. Appointment of deputies, and salaries.
63-40 Feb 29 ELECTIONS. Person can include nickname along with real name in filing for offices.
63-40 Mar 26 Hon. Alfred F. Moeller WITHDRAWN
63-40 Mar 28 HIGHWAY PATROL.
MOTOR VEHICLES.
STOLEN PROPERTY.
Motor vehicles seized by highway patrol should be held by them subject to the order of the court having jurisdiction of the offense in connection with which they are seized.
63-40 Nov 22 COUNTY JUDGE’S QUALIFICATIONS.
MORTGAGOR UNDER SCHOOL FUND LOAN.
The fact that a county judge elect has school funds borrowed from the county does not disqualify him from being elected as a county judge.
63-40 Dec 17 CIRCUIT CLERKS. Deputy circuit clerks are appointed by the circuit clerk and approved by the circuit judge subject to discharge at any time.
65-40 Jan 13 Mr. Julius T. Muench WITHDRAWN
65-40 Mar 19 Hon. Maurice L. Mushlin WITHDRAWN
66-40 June 6 TAXATION. Part of cemetery tract that is used for caretakers house is not taxable.
66-40 Aug 26 TAXATION. Personal property obtained by federal agency through foreclosure not exempt from general property tax.
66-40 Sept 10 ASSESSOR. County Assessor without authority to make an assessment of property ordinarily exempt from General Taxes which lies within an incorporated sewer district under the provisions of Laws Missouri 1933-34.
67-40 Feb 9 LIQUOR.
MONOPOLIES.
Association of brewers cannot through agreement or concerted action refuse to sell beer to any dealer or group of dealers. Such an agreement would be in violation of the anti-trust laws.
67-40 Mar 15 Hon. C. Roy Noel WITHDRAWN
67-40 May 2 LIQUOR.
CORPORATIONS.
Liquor Control Act contains no provisions for service of process against foreign brewing corporations.
67-40 Sept 7 DEAD HUMAN BODIES.
CORONER.
(1) Duty of coroner having custody of dead body found floating in stream or river, to notify secretary of anatomical board as to disposition; (2) If unfit for anatomical purposes, may direct coroner to dispose of same by burial; (3) Must exercise reasonable discretion as to place of burial; (4) Coroner obligated to pay undertaker.
67-40 Dec 2 INTOXICATING LIQUOR. Brewers and wholesalers giving money and property to retail dealers for bottle tops redeemed violate Section 3 and Section 13139-z-14.
68-40 Mar 8 LIBRARIES.
COUNTY LIBRARY DISTRICTS.
Only city, village and township libraries organized as provided by Article 5 of Chapter 99, R. S. Mo. 1929, are exempt from provisions of act forming county library districts.
68-40 Mar 26 TAXATION AND REVENUE. Levy voted for county libraries must be kept within the limitations set out in Section 11 of Article 10 of the Constitution of Missouri.
68-40 Apr 12 CORONERS.
STATE ANATOMICAL BOARD.
Control of deceased persons to be buried at public expense.
68-40 Aug 23 COURTS OF RECORD.
PROBATE JUDGE.
Under Section 11772, p. 679, Laws of Missouri 1939, a circuit judge holding court in two or more counties is entitled to $1300 salary as jury commissioner, and a probate judge may retain as part of his fees up to the amount of $1300 in addition to the other salary allowed circuit judges.
68-40 Sept 12 LOTTERIES. Trading stamp scheme with prize determined by chance is lottery.
69-40 Jan 25 CONTRACTS. Substantial change in a contract which, in effect, did away with the time limit provisions by implication of law gave reasonable time for performance of such work.
69-40 Feb 6 TAXATION. Surplus in sinking fund must be applied to retirement of bonds and cannot be placed in general revenue until indebtedness is paid.
69-40 Apr 25 HEALTH.
PUBLIC WATER SUPPLY.
CRIME.
PUBLIC NUISANCE.
ELEEMOSYNARY.
Health Board should submit evidence of violations of law regarding public water supply to Prosecuting Attorney and institute prosecutions; should submit evidence of public nuisance regarding water supply to Prosecuting Attorney or Attorney General. Water furnished by penal eleemosynary boards not supervised by health board.
69-40 May 1 BOND ISSUES. Funds raised to pay bonded indebtedness cannot be transferred and applied to the payment of general indebtedness.
69-40 May 1 BOARD OF HEALTH.
COSMETOLOGISTS, HAIRDRESSERS AND MANICURISTS.
RECIPROCITY.
Board of Health may issue licenses of reciprocity without examination to cosmetologists, hairdressers and manicurists if any such applicant is either duly licensed in another state or has practiced for at least five years.
69-40 May 22 HOTELS. Board of Health has no authority to require fire escapes on fireproof hotels in Kansas City.
69-40 Sept 20 MUNICIPAL CORPORATIONS. City of third class cannot pass ordinance requiring prescription for the sale of sulfanilamide and barbiturates.
70-40 May 8 CRIMINAL COSTS. Fees of state’s witnesses should be paid by the state or county in a continuance where the costs are taxed against an insolvent defendant.
71-40 Jan 18 LIQUOR. Liquor control act does not apply to Federal Military Reservations.
71-40 Jan 18 LIQUOR BONDS. A new liquor bond cannot be required of a liquor dealer before resuming business after a suspension of his licenses unless a court has prior thereto declared the bond forfeited.
71-40 Feb 5 LIQUOR. Manufacturers of 5% beer who also sell as wholesalers must secure four licenses from Supervisor of Liquor Control.
71-40 Dec 3 SHERIFFS. When entitled to commitment fees from county.
72-40 Feb 13 COUNTY HIGHWAY ENGINEER, EX-OFFICIO. In counties which have voted against the application therein of the provisions of Article 8, Chapter 42, R. S. Mo. 1929, as provided by secs. 8019 and 8020 thereof, the compensation of the ex-officio county highway engineer is governed by said sec. 8020, and the other provisions of said Article 8, including sec. 8011 R. S. ’29 as amended L. 1939, P. 674 Mo. Stat.Ann.P. 6829 do not apply.
72-40 Apr 2 PUBLIC WAREHOUSES. Determination of Liability of Bondsmen.
72-40 Dec 19 CITIES. City council cannot lend surplus funds to school districts.
73-40 Jan 30 BARBERS’ BOARD OF EXAMINERS.
BRANCH OFFICES.
State Barber Board not authorized to rent branch offices.
73-40 Feb 8 CITY COUNCILMEN.
SPECIAL ROAD DISTRICT.
(1) In cities less than ten miles from county court councilmen cannot vote for road commissioner by proxy. (2) Councilmen and other officers may change vote for commissioner prior to final appointment by order of record.
75-40 May 20 MUNICIPAL CORPORATIONS. City of Fourth Class may enact an ordinance prohibiting gravel pits in the city limits which endanger the safety and health of the citizens of the city.
76-40 Jan 20 MOTOR CARRIERS.
PUBLIC SERVICE COMMISSION.
Public Service Commission without authority to require foreign interstate carriers to comply with license section relating to foreign corporations doing business within state.
76-40 Jan 23 Hon. T. E. Roberts WITHDRAWN
76-40 Aug 20 MUNICIPALITIES. Richmond Heights under 1940 Census entitled to three councilmen. How appointed and term.
76-40 Aug 26 COUNTY BUDGET ACT. County clerk may purchase office machines and other supplies not of an expendable nature provided costs were included in his budget and approved by county court. The purchase should be made out of the funds of class 6; funds can only be transferred from classes 1, 2, 3 and 4 to class 5 during the year. Any other transfer should be made at the close of the fiscal year.
77-40 Aug 17 COUNTY COURT. May not sponsor a project to build for an association an engine house to be located in an unincorporated area of St. Louis County, Missouri.
78-40 Feb 21 ADMINISTRATION. Mortgaged land is an estate on which letters of administration should be granted. The Probate Court has no right to require security for costs except in the circumstances stated in Sec. 1238 R. S. Mo., 1929, Mo. Stat. Ann. Page 1466.
80-40 Mar 16 SHERIFF. When entitled to additional fees and mileage for resubpoenaing witnesses after first trial resulted in a hung jury.
80-40 Aug 31 PENAL INSTITUTIONS.
¾’S RULE.
WHEN IT APPLIES.
Under the present statute, a convict confined in the penitentiary cannot be deprived of the benefit of the three-fourths rule established by Section 8442 R. S. 1929 on the ground that he previously, while confined in the Intermediate Reformatory at Algoa, was incorrigible or escaped. A person confined in the Intermediate Reformatory may be held there for the full period of his sentence.
80-40 Sept 5 EXTRADITION FROM CANADA. Of person convicted of robbery whose sentence has not been executed, effected by: application by governor for requisition; requisition by United States Sec. of State; judicial proceeding in Canada; order of surrender.
81-40 Feb 6 SALES TAX. Automobiles sold in Missouri by a local agent for a Nebraska principal, to be delivered in Nebraska, are not subject to sales tax in Missouri.
81-40 Feb 6 INSPECTION OF FACTORIES, WAREHOUSES, ETC. State Commissioner of Labor has no authority under Section 13218, R. S. Mo. 1929, to inspect a nursery.
81-40 Mar 5 LABOR.
WOMEN.
WORKSHOP.
OUTSIDE WORK.
Sec. 13210 R. S. Missouri, 1929, Mo. Stat. Ann. Page 4776, does not apply to female employees doing stenographic and clerical work in a general office where no sales are made but where reports from local retail stores are assembled and consolidated; said sec. 13210 does not apply to female employees doing outside sales work.
81-40 Mar 19 MOTOR VEHICLES. Employees of WPA operating motor vehicles in the transportation of persons or property are not required to provide themselves with a chauffeur’s or registered operator’s license.
81-40 May 31 LABOR DEPARTMENT.
EMPLOYMENT OF CHILDREN.
MUNICIPAL OPERA, ST. LOUIS, MISSOURI.
Children participating in play, “The American Way,” under the supervision of their mothers, does not violate Section 14087, R. S. Mo. 1929.
81-40 June 25 MOTOR VEHICLES. Trailers belonging to political subdivisions are exempt from registration.
81-40 Nov 19 COUNTY AUDITOR.
SHERIFF.
(1) May presently resign effective on day names; (2) Governor cannot make prospective appointment effective on day named in resignation; (3) Form of resignation. (4) Has authority to select bailiffs to attend upon court; (5) Forbidden to enter into special contract as to compensation.
81-40 Nov 27 AUTOMOBILE LICENSE. Person may purchase either new or duplicate license plates in case of loss by theft or otherwise.
81-40 Dec 9 COUNTY SURVEYORS. A county surveyor, upon being appointed county highway engineer, in counties containing less than 50,000 inhabitants and in which the County Highway Engineer Act is in effect, is entitled to retain his fees as surveyor as well as to receive his salary as highway engineer. The same is true in counties having a population between 20,000 and 50,000 after January 1, 1941.
81-40 Dec 11 RECORDER OF DEEDS.
DUTIES CONCERNING CANDIDATES’ AFFIDAVITS AND COUNTY COMMITTEE’S REPORT ON CONTRIBUTIONS AND EXPENDITURES.
Recorder of Deeds only required to file candidates’ affidavits and political committee’s reports in his office, for which no charge may be made.
81-40 Dec 14 Hon. L. N. Searcy WITHDRAWN
82-40 Feb 10 RECORDER OF DEEDS. Loss by theft of county funds on account of burglary.
83-40 Jan 8 CIRCUIT COURT REPORTER. Salary in 31st District.
83-40 Jan 11 TAXATION. Chapter 59, Article 17, providing for taxation of merchants, must be followed and no other method under any other chapter should be followed for this purpose.
83-40 Jan 11 PENSIONS.
OLD AGE ASSISTANCE.
Judgment for old age assistance for 1937 and 1938 may be paid out of the appropriation for the payment of old age assistance or pensions for the years 1939 and 1940.
83-40 Jan 17 COUNTY COURTS. Salary of county courts in counties having 75,000 inhabitants and less than 90,000 inhabitants.
83-40 Mar 8 CRIMINAL LAW. Information under Section 4014 R. S. Missouri, 1929, should contain the term “malice aforethought” and if not a part of the information upon acquittal the county should pay the costs.
83-40 Mar 15 PENSIONS.
OLD AGE ASSISTANCE.
Under Section 16, Page 736, Laws of 1939, the State Social Security Commission is unauthorized to suspend monthly payments pending appeal for a hearing.
83-40 Apr 3 STATE AUDITOR.
SCHOOLS.
Under Section 2917, R. S. 1929, the State Auditor is compelled to certify the amount of tax needed for the payment of coupons, but it is not his duty to make the levy; such duty falls on the school board.
83-40 Apr 15 TAXATION.
SALES TAX.
RURAL ELECTRIFICATION ASSOCIATIONS.
Rural Electrification Associations which purchase current at wholesale should collect the sales tax from their members or consumers to whom they sell current.
83-40 Apr 30 COUNTY BUDGET ACT. Balance for printing financial statement and not budgeted can only be paid out of surplus or transferred from other classes. Amended Act of 1939, page 656, does not change the liability of the county clerk as budget officer on his bond. Also the same liability on the county clerks of counties of population over 50,000, under Section 20, Laws of 1933, page 340 et seq.
83-40 May 16 INSURANCE.
COUNTY COLLECTOR.
County Collector pays insurance tax under Section 5978a. Laws of Missouri, 1939, page 461, to State Treasurer, general county revenue and school fund in same proportion as taxes are now distributed for real estate.
83-40 June 3 CRIMINAL COSTS. Acquittal or dismissal of a case charging larceny of an automobile, tires or parts of an automobile of the value of more than thirty dollars charges the costs to the county and not the state.
83-40 Dec 19 COUNTY TREASURERS. County treasurers are the insurers of all moneys coming into their hands and are not relieved of such responsibility by Section 12198, R. S. Mo. 1929, unless there is a substantial compliance with Article IX, Chapter 85, R. S. Mo. 1929, notwithstanding said funds are held by the bank as trustee ex maleficio.
84-40 Apr 10 COUNTY COURT. Does not have jurisdiction over construction of dams to create lakes on private property.
85-40 Feb 27 GRAND JUROR. Fees as a witness in other proceedings.
85-40 July 28 MUNICIPAL CORPORATIONS.
NUISANCES.
Construction of Section 7202, R. S. Mo. 1929 – Cities of the fourth class have right to abate nuisances and issue special tax bills against the property for the expenses incurred.
86-40 Feb 15 SCHOOL DISTRICTS.
TAXATION.
EXTENSION OF BOUNDARIES.
Property in territory included in extension of boundaries of school district is liable for taxes assessed and levied thereon from and after the date of such extension.
86-40 May 15 HIGHWAY COMMISSION.
ROADS.
Commission may allow coal company to mine state highway.
86-40 Nov 20 STATE HIGHWAY COMMISSION. Powers to admit utilities to right-of-way.
86-40 Dec 3 SCHOOLS.
NEPOTISM.
Article XIV, Section 13, relating to nepotism, is not violated by the appointment by a school director of a relative within the fourth degree who later marries during her term of employment.
87-40 Sept 23 Hon. W. W. Sunderwirth WITHDRAWN
88-40 Apr 25 TAXATION.
MUNICIPALITIES.
CITY HOSPITAL PROPERTY.
EXEMPTION.
Property donated to or owned by city of the third class for a city hospital is exempt from taxation.
90-40 Jan 20 COUNTIES.
REDUCTION OF COUNTY TREASURER’S SALARY.
County Court has right to reduce treasurer’s salary.
90-40 Oct 24 ELECTIONS.
VOTERS – RESIDENCE – QUALIFICATIONS.
STUDENTS.
Whether or not students may vote, depends upon facts and circumstances of each particular voter.
92-40 Dec 17 COUNTY TREASURER. Term expires on April 1 in counties under township organization.
93-40 Jan 27 CHATTEL MORTGAGES.
MOTOR VEHICLES.
The meaning of the term “their distributing dealers” as used in Section 3097A, Laws of Missouri 1939, page 278.
93-40 Feb 9 ELECTIONS – PRIMARY. Township committeemen and committeewomen elected in August Primary hold office until following August Primary, although township should be divided between both primaries.
93-40 Nov 25 SCHOOLS. Teacher, after obtaining judgment for salary, can compel directors of the district to levy special levy to pay judgment, if it is not in excess of the constitutional limit.
94-40 Jan 17 MORTGAGES AND DEEDS OF TRUST. Recorder of Deeds of City of St. Louis must record trustee’s deed under a foreclosure, where the note presented at the time was unpaid and gave the trustee authority to foreclose and give trustee’s deed.
96-40 Feb 28 MUNICIPALITIES. May not discriminate between residents and non-residents on license tax; may transmit water to persons outside corporate limits through pipes not owned by the city.
96-40 Dec 16 CORONERS. May perform autopsies only at inquests where a jury is called.
97-40 Jan 23 COUNTY COURT. May vacate additions in unincorporated towns so that assessment will be by acreage rather than town lots.
97-40 Feb 8 COUNTIES.
WARRANTS.
JUDGMENTS.
PRIORITY OF PAYMENT.
Various questions relative to the payment of county warrants and of judgments obtained on county warrants and as to the priority of such judgments over such warrants discussed.
97-40 Nov 20 SALARIES.
CENSUS.
OFFICERS.
1940 census will not cause change in the salaries of county officers during the year 1940.
97-40 Dec 11 MUNICIPAL CORPORATIONS. A city of the Fourth Class may issue bonds to erect a library building.
98-40 Jan 2 STATE TREASURER. Disposition of certain moneys paid into state treasury.
98-40 Jan 4 SALARIES AND FEES.
CIRCUIT CLERKS.
Salary of the Clerk of the Circuit Court of Jackson County is fixed by Section 11820, R. S. Missouri 1929.
98-40 Jan 4 STATE TREASURER.
LIQUOR BONDS.
Amounts received from forfeited bonds of retail liquor dealers belong to county public school funds.
98-40 Feb 13 COUNTY COURT.
REFUNDS.
TAXATION.
Returning of taxes, by the County Court, under illegal levy.
98-40 May 25 SCHOOL DISTRICTS. Common school districts may change site only at annual meeting.
98-40 Sept 13 APPROPRIATIONS. Section 44c of Article IV, of the Constitution of the State of Missouri, constitutes an appropriation for the payment of principal and interest on Soldier Bonus Bonds without legislative action.
98-40 Nov 28 TAXATION AND REVENUE. Collector may make record of redemption of certificate when redemption thereof is made and the certificate holder has no further interest therein.
99-40 Jan 26 Hon. Carl F. Wymore WITHDRAWN
99-40 Mar 27 AGRICULTURE.
PAYMENT FOR NEAT CATTLE CONDEMNED ON ACCOUNT OF TUBERCULOSIS.
IN WHAT COUNTY.
County court in the county in which the owner resides liable for the payment for neat cattle which are condemned on account of tuberculosis.
99-40 June 7 FICTITIOUS NAMES. More than one person may register the same fictitious name.
99-40 July 10 Hon. J. E. Woodmansee WITHDRAWN
99-40 Aug 27 ELECTIONS.
CORRUPT PRACTICE ACT.
Candidate should include in expenses obligations incurred by others known and authorized by him; (2) candidate changing headquarters from one locality to another must include expense of both headquarters in statement; (3) expense of raising funds should be included in the statement.
99-40 Dec 7 PROBATE JUDGES. Probate judge appointed by the governor holds office until the next general election, and in the event of his defeat for the unexpired term relinquishes the office after the general election.