1941 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-41 Jan 23 ELECTIONS.
COMMISSIONERS.
SPECIAL ROAD DISTRICTS.
Mode of conducting elections and powers of Commissioners at Special Road District Commissioners’ Election.
1-41 Mar 20 COUNTY COURT.
SPECIAL ROAD DISTRICTS.
BONDS.
Special Road District unauthorized to vote bonds to retire road district notes held by a bank as security for a loan to the Special Road District.
1-41 June 16 CONSERVATION COMMISSION.
FISH AND GAME.
Construing Section 8900, R. S. Mo. 1939.
2-41 Feb 28 SCHOOLS. Voters of consolidated school district cannot authorize additional levy of ten cents in excess of One Dollar for repairing and furnishing colored school.
3-41 July 17 BOARD OF HEALTH. Commissioner of Health is under no statutory duty to post bond before entering upon the duties of his office.
3-41 Nov 6 GOVERNOR. The clause “during the recess”, as used in Section 12859, R. S. Mo. 1939, means after the final adjournment of the General Assembly and when it is not in session. (b) General Assembly is now in recess. (c) The expression “without delay” means without unreasonable and unnecessary delay. (d) Writ of election issued under Section 12859, R. S. Mo. 1939, for election in March or April, 1942, may be unreasonable and unnecessary delay. Governor cannot be compelled to issue election because can not be mandamused.
3-41 Dec 20 SHERIFFS. Deputies employed as private watchmen.
4-41 Feb 10 COUNTY CLERK OF JASPER COUNTY SALARY. Preparation of financial statement.
4-41 July 19 Mr. Ralph E. Bailey WITHDRAWN
5-41 Apr 28 TAXATION.
SALES TAX.
LIQUOR SALES.
Sales Tax Act applies to retail sales of intoxicating liquors and non-intoxicating beverages.
6-41 Apr 12 BONDS.
STATE TREASURER.
Bonds deposited in banks and trust companies do not have to be inspected by Governor, Attorney-General and State Treasurer personally, but such duty may be delegated.
6-41 Aug 29 FUND COMMISSIONERS. No authority to transfer funds from general revenue funds to unemployment compensation administration fund; said transfer may be made by State Auditor and State Treasurer.
6-41 Oct 31 Hon. Wilson Bell WITHDRAWN
7-41 Aug 25 ROADS AND BRIDGES. County may finance the improvement of roads in common road districts out of surplus road funds.
7-41 Nov 12 TAXATION. Certificate holder, his heirs or assigns must procure a deed to property and have the same recorded within four years from date of issuance of such certificate.
9-41 Oct 14 COUNTY TREASURER.
COMPENSATION.
Committee Substitute for House Bill No. 255 by implication repeals last clause of Section 10400, R. S. Mo. 1939, authorizing compensation for disbursing school monies.
9-41 Dec 9 OFFICERS.
COUNTY SURVEYOR.
It is mandatory that a county surveyor in a county of not less than 20,000 nor more than 50,000 must be ex officio highway engineer.
9-41 Dec 10 BOUNDARIES.
BANK OF RIVER.
Tax meaning of the term “by west bank of Mississippi River” in description of special road district boundary.
10-41 Feb 28 STATE CONSERVATION COMMISSION. Sections 15387 to 15390, inclusive, R. S. Mo. 1939, are valid and existing statutes and do not conflict with the authority of the State Park Board.
10-41 July 9 CRIMINAL COSTS. Where two defendants are tried jointly on murder and one was convicted and one acquitted the state must pay witness fees of defense witness on acquittal but not on a conviction.
10-41 Sept 5 Mr. Charles R. Bohrer WITHDRAWN
10-41 Sept 19 BOARD OF PHARMACY. It is illegal to use the words “Drug Sundries” as a sign without licensed pharmacists in charge; a license cannot be reinstated when revoked, but applicant may apply for new license.
10-41 Oct 16 CONSERVATION COMMISSION.
LEGISLATURES.
Headings in bold type may be inserted in regulations without republication of said regulations.
10-41 Oct 25 CONSERVATION COMMISSION.
PURCHASING AGENT.
Conservation Commission may purchase land without the approval of the purchasing agent.
10-41 Nov 1 STATE PARK BOARD.
APPROPRIATIONS.
Legality of paying salaries of technical personnel out of accounts other than personal services.
11-41 Mar 31 COUNTY BUDGET ACT. Expense for stenographic hire for prosecuting attorney can only be paid out of surplus, if any exits, or class 6.
11-41 Aug 22 LOTTERIES. Taking pictures of patrons and awarding prize to best picture is lottery.
12-41 Jan 24 COUNTY SURVEYOR.
ROAD OVERSEER.
Person may hold both office of county surveyor and road overseer at the same time.
12-41 Mar 4 STATE SEAL. Use of by Secretary of State.
12-41 July 8 SECRETARY OF STATE. Proposed plan approved of handling service of process on nonresident operators of automobiles, growing out of civil actions in this state.
12-41 July 22 INSURANCE. Approval of Articles of Agreement of Old Reliable Atlas Life Society of Springfield, Missouri, under Article 4, Chapter 37, R. S. 1939.
12-41 July 31 LEGISLATURE. Laws enacted by the 1941 Legislature and approved by the Governor without an emergency clause go into effect October 10, 1941.
12-41 Aug 26 Hon. Dwight H. Brown WITHDRAWN
12-41 Sept 3 HIGHWAY COMMISSION. Members of the Highway Commission may attend a meeting of Highway officials outside of the State and have the expenses therefor paid by the State.
12-41 Sept 6 STATUTES.
AMENDMENTS.
REPEALS.
A statute amended by different acts of the same general assembly should be construed so that all amendments may have force and effect.
12-41 Sept 12 STATE PRINTING COMMISSION. Has the authority to set aside order of July 11, 1940, rejecting all bids. May now make new contracts as to binding and printing.
12-41 Sept 23 SECRETARY OF STATE. Limited to statutory fee of $1.00 for notification of service of process.
12-41 Oct 21 SECRETARY OF STATE. Official Manual should contain names and salaries of employees during the preceding biennium.
12-41 Oct 30 MISSOURI SCHOOL FOR THE BLIND. (1) Compulsory attendance law applies to blind children. (2) Questions relating to rules are admissible. (3) Missouri School for the Blind is a charitable institution in so far as income tax deductions are concerned.
12-41 Nov 15 MOTOR VEHICLES. Service of process, Laws of Missouri, 1941, page 435, the word “person” includes corporations.
12-41 Nov 24 SCHOOL FOR THE BLIND. Under Chapter 72, Article 25, R. S. Missouri, 1939, if no separate school is provided for colored, blind children, such children are entitled to attend the Missouri School for the Blind.
12-41 Dec 19 ELECTIONS. Size of ballots on constitutional convention and retaining of a judge.
13-41 Aug 6 COUNTY COURTS.
OFFICERS.
COUNTY COLLECTORS.
County court can refuse to pay for publishing notice to delinquent personal taxpayers that a suit would be filed against them for personal taxes.
13-41 Aug 15 BILLS AND NOTES.
BANKS.
A bank who is holder of a check in due course is not liable for an account of the payee in the misuse of the money.
13-41 Oct 3 SCHOOLS. A person elected director is entitled to serve if he paid state and county taxes before qualifying.
15-41 Feb 8 TAXATION.
SALES TAX.
Regulation of State Auditor imposing a use tax on property bought outside the State of Missouri and on property bought in Missouri by non-resident where property is not consumed in Missouri but is bought with intention of transporting to another state for use is invalid.
15-41 July 7 CONVICTS. Citizenship not lost by conviction subsequently held void.
15-41 Aug 28 TAXATION AND REVENUE. Right of redemption of owner after two year redemption period.
16-41 Feb 7 COUNTY BUDGET ACT. Sheriff’s expenses for conveying inmates to the hospital should be paid out of class 5; (2) Sheriff whose term expires before date of sale under trustee deed should conduct the sale.
16-41 Mar 14 CHAUFFEURS. May operate on certificate furnished by Commissioner of Motor Vehicles pending issuance of metal tags. Metal tags, when issued must be conspicuously displayed.
16-41 Nov 25 SCHOOLS. When consolidated districts close outlying rural schools districts, board should transport children under Section 10946, R. S. Missouri, 1939.
16-41 Dec 2 MONOPOLIES. To maintain prosecution the paying of a higher price in one place than in another place, there must be an intention to suppress competition.
17-41 Jan 20 COUNTY COURTS.
SOLICITORS ON PUBLIC GROUNDS.
JUSTICE OF PEACE SOLICITING MARRIAGES.
The power of the County Court to make orders relating to trespassers on county property and to prohibit persons from performing such acts.
17-41 Feb 24 MOTOR VEHICLES.
FOREIGN CORPORATION.
Trucks belonging to a corporation with headquarters in Ohio and stationed and registered only in the State of Illinois must also register in the State of Missouri.
17-41 Apr 10 BONDS.
PUBLIC ADMINISTRATOR.
OFFICERS.
County Court not authorized to pay premium on bond of Public Administrator.
17-41 Aug 13 TAXATION. Certificates of purchase of property in Kansas City are personal property and taxable as such.
17-41 Oct 20 MOTOR VEHICLES. States of Missouri and Tennessee do not have full reciprocity.
17-41 Oct 20 TAXATION.
SHARES OF STOCK.
Present attitude of Supreme Court indicates that shares of stock held by a resident of this state in a foreign corporation may be subjected to a personal property tax.
17-41 Oct 22 MOTOR VEHICLES. Full reciprocity does not exist between Indiana, Illinois and Missouri.
17-41 Nov 8 COUNTY COURTS. Procedure to be followed in proceeding to correct error of valuations under Section 11118.
18-41 April 11 COUNTY TREASURERS. Compensation can not be increased during term.
18-41 June 18 POOR PERSONS. County Court may provide surgical treatment; acts judicially in determining necessity.
18-41 Aug 8 Hon. Clyde E. Combs WITHDRAWN
18-41 Aug 12 TAXATION.
COLLECTOR’S DEED.
County Collector may issue deeds of correction for deeds which have been issued for lands which have been sold for delinquent taxes.
18-41 Nov 10 CRIMINAL COSTS. The State is only liable for the costs, including transportation to the Missouri Training School, in juvenile trials on conviction before a jury, pleas of guilty, acquittal, or dismissal under the general criminal law, where the punishment is solely imprisonment in the state penitentiary.
18-41 Nov 17 ELECTIONS.
COUNTY TREASURERS.
Failure to elect County Treasurer at proper time does not create vacancy and incumbent holds office until successor is elected at next regular election and qualified.
19-41 Aug 20 OFFICIAL BONDS.
COUNTY COLLECTOR.
County court can, at any time, require additional bond to be furnished by county collector if a mistake was made in the amount of taxes collected in the years previous to his election.
19-41 Aug 29 COUNTY COURTS.
EMPLOYMENT OF SPECIAL COUNSEL.
County courts may employ special counsel to represent the county in civil matters only when the prosecuting attorney refuses to act or is interested, or shall have been employed as special counsel and when such employment is inconsistent with the duties of the office or if the prosecuting attorney is related to the defendant.
19-41 Oct 10 HEALTH, BOARD OF.
COUNTIES.
Board of Health by regulation may quarantine person with communicable venereal disease; sheriff must serve writ of isolation but is not entitled to fee; person quarantined must pay cost thereof, but is indigent, cost must be paid by the county.
19-41 Dec 18 TAXATION. Property person in military service not exempt. Effect and application Soldiers and Sailors Relief Act on proceeding to enforce collection.
20-41 Jan 24 DRAINAGE DISTRICTS DELINQUENT TAXES. Trustee appointed by county court to bid at tax sales not authorized to include delinquent drainage tax in the amount of his bid.
20-41 May 22 COUNTIES.
LIABILITY FOR REVENUE BONDS.
County courts issuing revenue bonds under Section 8548, R. S. Mo. 1939, incur no objection on a county other than that mentioned in the bond.
20-41 July 23 HIGHWAY PATROL.
CONSTABLES.
FEES.
Highway patrolman is entitled to fee of $1.00 upon service of a warrant which must be paid into the state treasury. The same applies as to commitments. Only one officer entitled to fee.
20-41 July 29 AGRICULTURE. Mode of certification by the State Veterinarian for payment of cattle condemned on account of reacting to the agglutination blood test for Bang’s disease.
20-41 Aug 4 TAX.
COLLECTOR’S COMMISSION.
DRAINAGE TAX.
Collector’s commission for collecting delinquent drainage taxes should be paid out of drainage tax funds.
20-41 Sept 2 PROSECUTING ATTORNEY.
SCHOOLS.
Not entitled to fee from person receiving school fund loan for examination of abstract.
20-41 Nov 10 TAXATION.
PAYMENT OF TAXES WITH PROTESTED WARRANTS.
Only the owner of a protested warrant may use same for the payment of taxes.
20-41 Nov 25 ATTORNEY.
CLIENT.
A corporation or association can only transact its legal affairs through a duly licensed and practicing attorney and not by a laymen.
20-41 Dec 16 OFFICERS. County can recover on county treasurer’s bond after settlement where a fraudulent settlement was made.
21-41 May 2 TAXATION. Tax liens on property acquired by county at school fund foreclosure are extinguished.
21-41 Aug 21 LABOR. Female employees engaged in hotel work not subject to provisions of Section 10171, R. S. Mo. 1939.
21-41 Oct 25 COUNTY COURTS AND ARMORY APPROPRIATIONS.
COUNTY BUDGET LAW.
County courts may make appropriations for armories provided such appropriations are not in violation of the provisions of the County Budget Act and are not in violation of the provisions of the constitution, and especially Section 12, Article 10, thereof.
23-41 Oct 15 BARBERS. (1) Article 5 R. S. Mo., 1939, which has to do with the trade of cosmetology, hairdressing and manicuring, has no application in cities having a population of less than five hundred inhabitants. (2) Persons practicing the trade of barbering must procure a barber’s license in cities having a population of less than five hundred, whether they have complied with Art. 5, R. S. Mo., ’39 or not.
24-41 June 5 TAXATION AND EQUALIZATION. County Board not bound by valuations of tracts fixed by the Assessor.
24-41 June 7 TAXATION AND EQUALIZATION. State Board of Equalization may reconsider valuation of class of property before certification of its judgment; but has no power to review its judgment after certification by State Auditor except by way of approving recommendations of State Tax Commission.
24-41 July 11 BONDS.
FUND COMMISSIONERS.
SCHOOLS.
State Board of Fund Commissioners not authorized to invest Public School Fund in United States bonds, said authority vested in State Board of Education; Fund Commissioners may invest in registered county, municipal or school district bonds of state, but not in drainage or levee district bonds.
24-41 July 18 GOVERNOR. Has 30 days after final adjournment of General Assembly to act upon legislation presented him after final adjournment.
24-41 July 22 APPROPRIATIONS. Section 5 of House Bill No. 556 valid.
24-41 July 30 TAXATION. Mode of apportioning for taxation the valuation of the distributable property of telephone, telegraph, electric power and light companies and electric transmission lines.
24-41 Aug 4 GOVERNOR. Time within which to approve or disapprove bills in his hands at the time of adjournment of the Sixty-first General Assembly.
24-41 Aug 11 GOVERNOR. In the absence of a protest as contemplated by Art. V, Sec. 37, presumption is that bill was not amended on passage so as to change its original purpose, which presumption is conclusive; the amendment made by Senate to H. B. 431, does not change its original purpose.
24-41 Aug 11 GOVERNOR. Time when the Governor shall approve or reject a bill which has been presented to him by the General Assembly.
24-41 Aug 11 GOVERNOR. If last day on which Governor may act on legislation falls on Sunday, the following Monday is to be considered as last day.
24-41 Aug 11 STATUTES. Constitutionality of exemption provisions of House Bill No. 431.
24-41 Aug 19 TAXATION.
TAX EXEMPTION.
FRAUDULENT EVASION.
Taxpayer who converts assets into tax exempt securities with fraudulent intent to evade taxes does not relieve himself of the liability to pay the taxes.
24-41 Aug 21 CONSTITUTIONAL LAW.
STATE HIGHWAY PATROL.
State Highway Patrol, under Section 44a, Article IV of the Constitution of Missouri can only enforce the law as to motor vehicle laws and traffic regulations.
24-41 Sept 2 GOVERNOR.
PATENTS.
PUBLIC LANDS.
Governor may issue patent in correction of a defective one.
24-41 Sept 8 PROSECUTING ATTORNEY.
PUBLIC OFFICERS.
Officer elected for a term, and until successor is elected, holds office until the election of a properly qualified successor.
24-41 Sept 19 HIGHWAY PATROL. Forty-seven questions concerning powers and duties of Highway Patrol.
24-41 Oct 3 GOVERNOR. Upon a vacancy he shall appoint State Administrator of the Social Security Commission for a term of four years and not for the unexpired term of his predecessor.
24-41 Oct 17 PENAL INSTITUTIONS. Concerning leasing of property; use of convicts for service, and sale of articles manufactured in the various penal institutions.
24-41 Oct 22 OFFICERS. Public Administrator does not forfeit his office by moving from the county to another county within this State.
24-41 Oct 23 LEGISLATORS HOLDING OFFICE OF RECORDER OF DEEDS. A member of the General Assembly may not be appointed to office of Recorder of Deeds during the term for which he is elected to the General Assembly.
24-41 Oct 28 OFFICERS. Present incumbent of the office of Grain Warehouse Commissioner is entitled to remain in office until April 15, 1943.
24-41 Oct 29 GOVERNOR. Writs directing election to fill vacancies in House of Representatives in Jackson County, Missouri, under Sections 12860, and 12861, R. S. Missouri, 1939, should be directed to the Board of Election Commissioners instead of the sheriff.
24-41 Nov 10 OFFICERS.
NOTARY PUBLIC.
An employee of the Marine Hospital of Kirkwood, Mo., may be a notary public; (2) the powers of a notary public terminate at the expiration date of his commission; (3) a person may only be commissioned for the county in which he resides and he shall have power to transact his official business in such county and all adjoining counties thereto.
24-41 Dec 5 STATE PURCHASING AGENT. State Purchasing Agent may permit emergency purchase to be made by a state department without soliciting competitive bids therefor. State Purchasing Agent by rule or regulation may determine what is an emergency within the meaning of the Act.
25-41 Jan 21 OFFICERS.
QUALIFICATIONS.
DEPUTIES.
Assistant Prosecuting Attorney must have same qualifications as Prosecuting Attorney.
25-41 Feb 18 NEPOTISM. It is a violation of Section 13 of Article XIV of the Constitution of Missouri to appoint a road overseer who is the son of one judge and first cousin of another judge’s wife.
25-41 Apr 2 TAXATION AND REVENUE.
COLLECTOR.
AUTHORITY TO PROPORTION TAXES.
The tax collector is not authorized to accept proportion of taxes where lands subject to the tax are sold to the federal government during the year for which the taxes are assessed and levied.
25-41 Sept 11 COUNTY OFFICERS.
BONDS.
CIRCUIT CLERKS.
County court is only liable for premiums on a surety bond furnished by the circuit clerk when it consents and approves the payment of the premiums. The bond may extend past the term of the county judge.
26-41 July 28 APPROPRIATIONS.
DEPARTMENT OF AGRICULTURE.
Salaries of employees under the Commissioner of Agriculture must be paid from the specific appropriation for each department under the Commission.
26-41 Oct 15 EGGS.
COMMISSIONER OF AGRICULTURE.
Authority of the Commissioner of Agriculture over persons or farms who handle eggs.
27-41 Jan 10 TAXATION.
STREET RAILWAYS.
Motor busses operated in connection with street railroad or street railway for the transportation of passengers should be assessed by the State Tax Commission and not by the local assessor.
27-41 Jan 21 TAXATION.
STATE TAX COMMISSION.
INTERSTATE BUS AND TRUCK LINES.
Only properties of bus and truck lines used in interstate business may be assessed by State Tax Commission.
27-41 Jan 30 TAXATION. Taxation of Interstate Bus and Truck lines on irregular routes.
27-41 Apr 11 INTOXICATING LIQUOR. Liquor sold on licensed premises may be legally opened and consumed on other, separate adjacent premises owned by the licensee, and not described in license.
27-41 June 4 Hon. Clarence Evans WITHDRAWN
27-41 Oct 29 TAXATION AND REVENUE. I. Drainage districts under county court organization may purchase realty sold for taxes due such district. After such date the land is not subject to taxes. II. County court may purchase land in foreclosure of school fund mortgage for such fund and takes the title to the property free from all outstanding general county and state taxes.
28-41 Mar 13 COUNTY BUDGET ACT. County court cannot return money transferred under Section 13829 to drainage districts after money has been taken into consideration for estimates for 1941. Can give drainage districts any surplus remaining in classes.
28-41 June 13 Senator Joseph A. Falzone WITHDRAWN
28-41 Aug 19 STATE PURCHASING AGENT. Authority to authorize emergency direct purchases by department as result of uncertainty in the market created by National Defense Program.
28-41 Aug 28 STATE PURCHASING AGENT. When two or more bidders tie in amounts bid, the State Purchasing Agent may declare one the lowest and best bidder.
29-41 May 1 SPECIAL ROAD DISTRICT. Article 10, Chapter 46, makes no provision for the appointment of a trustee where such district is disorganized under Section 8706 R. S. Missouri, 1939. Therefore, must resort to circuit court for the appointment of trustee.
29-41 July 16 BONDS.
AIRPORTS.
ELECTIONS.
County is authorized to hold an election for bond issue for airport. Method of election should follow bond election of county hospital.
29-41 Aug 28 MOTOR VEHICLES. Automobile owned by a Maryland Corporation, when used in interstate business, is not required to have Missouri Registration Plates.
31-41 June 2 TAXATION.
COUNTY COURTS.
TOWNSHIP ORGANIZATION.
Township boards in counties under township organization levy taxes in subordination to the county court and the total levy made by the county court and township board shall not exceed the constitutional limit.
32-41 Jan 20 COUNTY SUPERINTENDENT OF SCHOOLS SALARY. If the 1940 census shows a decrease in population putting county in lower salary bracket decrease in population would effect the salary of the County Superintendent of Schools effective July 1, ’41.
32-41 Apr 28 ROADS AND BRIDGES. Special road districts must pay the same rate of levy for the county generally as other road districts. Surplus in special road districts cannot be returned to the county court and can only be used for road and bridge purposes.
32-41 Aug 21 RECORDER OF DEEDS. Licenses issued on Sunday or other designated legal holidays are valid. Marriage solemnized on Sunday or other legal holidays is valid.
32-41 Oct 20 DEAD ANIMAL DISPOSAL PLANTS.
LICENSING.
PERIOD OF LICENSE.
The license fee for operation of dead animal disposal plants should be charged for the full year regardless of the date of application for the license.
32-41 Oct 21 LOTTERIES. Tickets given with each sale of merchandise and weekly drawing had thereon, is lottery. The fact that tickets may be obtained upon request does not change rule.
32-41 Dec 3 CIRCUIT CLERK.
OFFICERS.
Fees earned by a circuit clerk and collected by his successor should be paid to the prior circuit clerk.
32-41 Dec 30 INTOXICATING LIQUOR.
MINORS.
Adult who purchases for person under 21 is guilty of a misdemeanor.
33-41 June 14 SENATE BILL NO. 101. If passed and approved will not affect present compensation of any officers except circuit clerks and prosecuting attorneys.
33-41 Aug 11 WORKMEN’S COMPENSATION. Commission, in case of self-insurers, may forfeit deposit periodically to pay award, or may cause a sum sufficient to purchase any annuity to be forfeited and applied to that purpose.
34-41 Feb 18 LIQUOR.
(INJUNCTION).
State or county not liable for costs or damages where injunction suit is dismissed by prosecuting attorney.
34-41 May 24 TOWNSHIP ORGANIZATION. Outstanding warrants from the road and bridge fund of 1937-38-39 cannot be paid from the general revenue fund at this time. At the close of the fiscal year warrants may be paid out of any revenue remaining or from surplus or back taxes.
34-41 July 9 TOWNSHIP ORGANIZATION. Board of Directors of township may furnish an office for justices of the peace. However, there is no statutory duty to do so.
34-41 July 23 Hon. Arthur U. Goodman, Jr. WITHDRAWN
34-41 Sept 26 TOWNSHIP CLERK. Is entitled to ten cents for filing a cancelled warrant and ten cents for each complaint or statement filed with him as clerk of the township board.
34-41 Nov 13 TAXATION.
SALES TAX LIEN.
Lien created by filing of sales tax assessment does not violate the due process clause of the constitution.
34-41 Dec 5 COLLECTORS COMMISSIONS. Township collectors should include income tax collections with general taxes collected in calculating their commissions for collecting taxes.
35-41 Jan 20 ROADS AND BRIDGES. Taxpayer, in special road district, must also pay, in addition, general taxes issued for road purposes. Bonds voted on by entire township must also be paid by taxes received from a special road district where no outstanding bonds are against the special road district or any part of the special road district.
35-41 Apr 16 SCHOOLS. Board can levy more than forty cents for a sinking fund if it does not violate the Constitution. Excess in interest fund can be transferred to sinking fund.
35-41 Apr 21 JUSTICES OF THE PEACE. No specific constitutional or legislative prohibition against justices of the peace soliciting marriage ceremonies.
35-41 Apr 25 CRIMINAL LAW. Agent of the corporation can be prosecuted even though money obtained by fraud is paid into the corporation.
35-41 May 29 MISSOURI ATHLETIC COMMISSION. (1) Commission has right of supervision and tax, absent legislative consent, as provided in Clause 17, Sec. 8, Art. 1, U. S. Constitution. (2) Collection of 5% not an undue burden on the Federal Government.
35-41 July 18 ARMORIES.
NATIONAL GUARDS.
MUNICIPAL CORPORATIONS.
The State has power to purchase or lease armories. Municipal corporations has no right in absence of statute to sell armories to state.
35-41 Aug 18 TAXATION AND REVENUE. The items of cost which should be included in the publication for sale.
35-41 Dec 23 OFFICERS. Circuit clerk in a county of less than 50,000 population may purchase his own supplies within his budget.
37-41 Jan 30 CITY MARSHAL CITY OF THIRD CLASS. Has power as ex officio constable to serve warrants in other counties.
37-41 Feb 26 OFFICERS. Legislature can terminate any office that it creates.
37-41 Mar 12 Mr. A. M. Harlan WITHDRAWN
37-41 May 13 CLERK OF COUNTY COURTS.
COMPENSATION AS AGENTS, LIABILITY OF BONDSMEN FOR.
Bondsmen of county clerks are not liable for acts of their principal done while acting as an agent for the county court.
37-41 June 5 COUNTIES.
INSURANCE.
MUTUAL.
Prohibited from insurance in mutual companies where assessment liability is unlimited, but may insure where liability is fixed and would not exceed in any year revenue provided for such year. Also applicable to cities and school districts.
37-41 Sept 11 PROBATE COURTS. Notices of Final Settlement should be directed to the first day of term of Probate Court and not to day during the term at which settlement is docketed.
37-41 Sept 29 SHERIFFS.
STATE PARK BOARD.
It is not mandatory upon the sheriff to appoint park superintendents as deputy sheriffs.
37-41 Nov 15 SCHOOLS.
COUNTY SUPERINTENDENTS.
Under the Act of 1941, page 546, it is proper for the State Superintendent to request the County Treasurers of the various counties to obtain an order from the County Court to require the State Auditor to pay the same.
37-41 Nov 19 COUNTY COURT.
RIGHT OF RECOUPMENT.
A county court may recoup against claim by officer for salary.
38-41 Feb 3 ELECTIONS. City Committee may nominate candidates for unexpired terms of members of the Board of Aldermen.
38-41 Feb 18 Mr. Charles M. Hay WITHDRAWN
38-41 June 16 BURIAL ASSOCIATIONS. Agency contract entered into under authority of unconstitutional statute is void.
39-41 Apr 29 TAXATION.
PENALTIES.
UNIFORM LEGISLATION.
A law providing for remission of penalties on delinquent taxes in certain parts of the State is unconstitutional.
39-41 Oct 9 INTOXICATING LIQUOR.
CLOSED PLACE.
Licensed one-room restaurants selling substantial quantities of food etc., excepted from closed place requirement. Restaurant is eating house selling food for consumption on premises. Substantial quantities are actual amounts of real value, as distinguished from pretense of substance.
39-41 Oct 21 Mr. W. G. Henderson WITHDRAWN
39-41 Nov 3 Mr. W. G. Henderson WITHDRAWN
39-41 Dec 29 NON-INTOXICATING BEER.
LICENSE.
PREVIOUS REVOCATION.
License may be issued to person whose license was revoked prior to Oct. 10, 1941, not if revoked thereafter. License may be issued to person whose intoxicating liquor license has been revoked, and vice versa.
39-41 Dec 31 INTOXICATING LIQUOR.
RATHSKELLER.
LICENSE.
Rathskeller may be licensed if interior visible from entrance or approach, though not visible from street.
40-41 Mar 10 JUSTICE OF THE PEACE. Justice of the peace appointed upon petition may hold court any place in township.
40-41 June 27 NOTARIES PUBLIC. Acknowledgments attached to intoxicating liquor and non-intoxicating beer applications for license shall be received in a court of record as prima facie evidence where the same are regular on their face: Second, should the evidence warrant, a notary public could be removed from office through a quo warranto proceeding: Third, the office of notary public could be forfeited and the notary removed under Sec. 12828 R. S. Mo. 1939, should the evidence warrant.
40-41 Sept 10 HIGHWAYS.
MUNICIPAL CORPORATIONS.
State Highway Commission has exclusive control over location of highway within the confines of municipal corporations.
40-41 Oct 3 FEES. A sheriff, constable or any other officer is not entitled to a statutory fee for serving notice on insufficient check.
41-41 Feb 19 TAXATION.
ASSESSOR.
Assessor is entitled to compensation for list for each joint owner of real estate in tenancy in common, joint tenancy or separate real estate of husband and wife.
41-41 Apr 3 BANKS AND BANKING.
SMALL LOAN BUSINESS.
Banks are not authorized under their charter to do a banking business to exercise the powers of the Small Loan Act, nor act as a corporation authorized to subscribe for majority stock of Small Loan Corporations.
41-41 May 16 TRUST COMPANIES.
INVESTING IN STOCK OF SMALL LOAN COMPANIES.
Trust companies are not authorized to invest in the stock of small loan companies.
41-41 May 24 FINANCE DEPARTMENT.
COOPERATIVE COMPANIES.
BOND.
Concerns issuing coupon books for trade do not come under the provisions of Section 5426, R. S. Mo. 1939.
41-41 June 13 JUDGMENTS.
INTEREST.
Section 3228, R. S. 1939, authorizes payment of interest on judgments.
41-41 July 21 COUNTY BUDGET ACT. Warrants should not be issued in excess of the estimate of budget; warrants issued in excess of the anticipated revenue are illegal and void.
41-41 Aug 25 CIRCUIT CLERKS. Compensation of deputy circuit clerks is fixed by circuit court, and county court may not alter.
41-41 Nov 18 TAXATION. Surplus from general county and state tax sales should be paid to party or parties having the title or interest in and to the realty sold.
42-41 Jan 20 COUNTY COURTS.
AGRICULTURAL CONSERVATION COMMISSION FURNISHING OFFICE SPACE FOR.
County Courts may provide an office in the courthouse or may pay for office rent for Agricultural Conservation Administration offices.
42-41 Jan 23 TAXATION.
SALE OF DELINQUENT LANDS FOR TAXES BY CITIES.
All cities are not within the provisions of Section 9970, as amended by Laws of 1933 pertaining to the returning of lists of delinquent city taxes to the county collector.
42-41 Mar 17 Mr. Andrew Howard WITHDRAWN
42-41 Apr 9 CRIMINAL LAW. Justice of the Peace who collects fines and fails to turn them over is guilty of larceny or embezzlement.
42-41 Nov 26 COUNTY CLERKS AND DEPUTIES.
TERMS OF APPOINTMENT.
The county clerk may revoke appointment of deputy county clerk.
43-41 May 22 FISCAL YEAR. Change in the fiscal year would require enactment of Constitutional Amendment and cannot be changed by statute.
43-41 June 17 TAXATION AND REVENUE. City collectors in cities of the fourth class cannot proceed under Section 11086, but must follow the provisions of the Jones-Munger Act.
43-41 July 31 APPROPRIATIONS. Balance of appropriation must be transferred to the ordinary revenue fund to the credit of the state treasurer at the end of each biennium.
43-41 Aug 27 ROADS AND BRIDGES.
CONSTRUCTION OF BRIDGES IN COUNTY COURT DRAINAGE DISTRICTS.
When a new road is established through or into a county court drainage district, the special road district comprising such drainage district shall pay for the construction of such bridges that are made necessary on account of the road crossing one of such drainage ditches.
43-41 Sept 24 SCHOOLS. Time for opening and closing polls in bond elections should be considered from the standpoint of convenience of the voters and opportunity for all the voters to vote.
43-41 Nov 21 MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
TAXICABS.
May occasionally operate beyond suburban territory.
45-41 Feb 28 APPROPRIATIONS IN ELEEMOSYNARY INSTITUTIONS. Repair of operative equipment can not be paid out of appropriation for operation.
45-41 Mar 4 Hon. W. Ed. Jameson WITHDRAWN
45-41 May 2 INSANE PERSONS. Probate Court may make order recommitting person to State Hospital on original judgment of insanity if original judgment has not been vacated.
45-41 May 9 COUNTY COURTS. Do not have exclusive control over the purchase of incidental expenses or supplies for the proper conduct of a county office.
45-41 May 10 ELEEMOSYNARY INSTITUTIONS.
COUNTY BUDGET ACT.
Care of patients in Missouri State Sanatorium and Missouri State School cannot be paid out of Class 1; must be paid out of Class 5.
45-41 Sept 4 SHERIFFS. Only entitled to ten cents per mile for the arrest of two defendants filed on jointly.
45-41 Oct 10 DEAD BODIES. Removal or Burial Permits not required to be obtained, when body is removed for the purpose of preparing such body for burial.
45-41 Oct 27 BUILDING AND LOAN. Possession of stock certificate must be given to association by borrowing member.
45-41 Dec 3 COUNTY DEPOSITARIES. Bank which is outside of state may be selected as escrow agent.
46-41 Jan 13 PARDON AND PAROLE.
BOARD OF.
Board cannot parole inmate of Intermediate Reformatory until compliance with Section 8477 R. S. 1929. The governor can parole at any time after conviction regardless of Section 8477.
46-41 Mar 19 SHERIFFS.
SALARIES AND FEES.
JURIES.
Sheriffs may charge for serving notices and for mileage in such service made by the court pertaining to jurors and their service.
46-41 May 16 ELEEMOSYNARY INSTITUTIONS. Superintendent and staff may in their discretion discharge or parole patients from state hospitals.
46-41 May 20 APPROPRIATIONS.
ELEEMOSYNARY INSTITUTIONS.
House Bill 66, Section 70, reverts to General Revenue Fund after expiration of six months.
46-41 June 2 APPROPRIATIONS.
ELEEMOSYNARY INSTITUTIONS.
No authority to pay doctor bill of employee injured in course of employment.
46-41 June 17 ELEEMOSYNARY INSTITUTIONS. Interest received on “patients fund” should be paid to State Treasurer for credit of fund of State Eleemosynary Institutions.
46-41 Aug 27 BLIND PENSIONS. Construction of appropriation act to Blind Commission; removal of headquarters to City of St. Louis.
46-41 Sept 4 ELEEMOSYNARY INSTITUTIONS.
PURCHASING AGENT.
State Purchasing Agent has power to sell surplus produce of respective eleemosynary institutions.
46-41 Oct 11 SHERIFFS.
DEPUTY COLLECTORS.
A sheriff in Reynolds County may also hold the office of deputy collector.
46-41 Oct 21 OFFICERS.
ELEEMOSYNARY INSTITUTIONS.
Member of Board of Managers appointed to fill vacancy serves only until end of term.
46-41 Oct 27 BLIND PENSION ACT. The word “income” as used in Section 8451, R. S. Missouri, 1939, means net income.
46-41 Oct 30 BLIND PENSION APPROPRIATION. Oculist’s expense and fee for examining eligible applicant for blind pension to be paid from the applicant’s first pension check.
46-41 Nov 5 BLIND PENSION. Application may be made to probate judge or to the Commission.
46-41 Nov 10 ELEEMOSYNARY INSTITUTIONS. County Court can discount warrants to pay for the keep of their inmates in the institutions.
46-41 Nov 14 BLIND PENSIONS.
APPROPRIATIONS.
Under Section 9456, R. S. Missouri 1939, treatments or operations recommended by examining oculist must be furnished by the State.
46-41 Dec 11 TAXATION. Municipal and school bonds are not exempt from taxation.
46-41 Dec 13 ELEEMOSYNARY INSTITUTIONS. Board of Managers may by rule provide that when accommodations are limited psychotic cases may be given preference over senile dementia cases.
46-41 Dec 19 ELEEMOSYNARY INSTITUTIONS. State Superintendent has no authority to act as agent or representative of a patient in the signing of checks or transaction of private business matters.
46-41 Dec 30 OFFICERS.
VACANCY.
Vacancy filled in prosecuting attorney’s office by circuit judge is only temporary.
48-41 Jan 16 OFFICERS.
DEPUTY SHERIFFS.
A person can hold the office of deputy sheriff and constable at the same time.
48-41 Feb 5 PROSECUTING ATTORNEY. Assistant prosecuting attorney should not represent a defendant in a trial. The determination of the matter should be left to the trial court.
48-41 Feb 11 CONSERVATION. Section 39 of the Wildlife Code is not violative of the “commerce clause” of the Federal Constitution.
48-41 June 3 ROADS AND BRIDGES.
COUNTY COURT.
Surplus in general county road fund can be transferred to a special road district. County court has no authority to rent road machinery to another county, but if they do, rental must be paid into the county treasury.
48-41 July 12 SPECIAL ELECTIONS.
BOND ISSUE.
CORPORATIONS.
Vernon County – In Re instituting suit against the Missouri Public Service Corporation – Participating in Election.
48-41 Sept 9 MISSOURI MANUAL.
SECRETARY OF STATE.
Exact salaries of all employees of the State must be given to the Secretary of State at the time he requests the information. Bracketing or giving or salary ranges will not suffice.
48-41 Oct 11 GAMBLING DEVICE. Slot machines which pay off in cigarettes handed to player by owner of establishment are gambling devices.
48-41 Dec 12 CRIMINAL PROCEDURE.
BOND.
Affidavit substantially complying with civil procedure of appeal is sufficient for appealing in a criminal case. Criminal appeal bond, after conviction, must be approved by the circuit judge and not the circuit clerk.
49-41 May 9 Hon. Lloyd W. King WITHDRAWN
49-41 Aug 2 TAXATION. Notice not required taxpayer on personal property and penalties accrued are payable by the taxpayer and cannot be abated by the county court.
49-41 Aug 11 SCHOOLS. Two districts are authorized to make a temporary combination of one building for negro children; State Superintendent may make apportionment of state moneys for the temporary combination.
49-41 Aug 18 SCHOOLS. When state aid may be allowed.
49-41 Sept 19 EXTRADITION. A child who flees the State although in the custody of the court as a neglected and delinquent, not having been convicted of any crime, cannot be extradited.
49-41 Oct 3 PROBATION OFFICERS.
(COUNTIES OVER 90,000.)
Probation officers have authority to go to any portion of the State under order of the court and to be reimbursed for necessary expenses in so doing, so long as the total sum of expenses does not exceed $200.00 for any one year.
51-41 Jan 21 TAXATION.
COUNTIES.
County has no authority to purchase land to protect its tax lien. Holder of certificate under Jones-Munger Act must pay subsequent taxes accrued before date of collector’s deed.
51-41 May 14 SCHOOLS.
STATE TEACHERS COLLEGES.
Board of Regents may use discretion in preserving or destroying vouchers, checks, warrants, bills etc.
51-41 Sept 15 BOARD OF HEALTH. House Bill No. 501 is valid and authorizes the board to set up a merit system of its own.
51-41 Dec 8 BOARD OF NURSES. Nurses working under United States Health Service are not compelled to obtain nurse’s license.
52-41 Apr 11 COUNTY BUDGET LAW. In the county budget, the traveling and hotel expenses of the circuit court reporter should be classified as class 2.
52-41 July 16 SHERIFFS.
FEES.
Entitled to commission on notice of garnishment; entitled to fees on each case for serving writs on more than one case for the same trip.
52-41 Oct 25 RECORDER OF DEEDS. A fee may not be charged by a Recorder of Deeds for recording a discharge of a soldier in military service.
53-41 Apr 28 TAXATION.
SALES TAX.
Sales tax on coin operated games and devices constitutional.
53-41 May 6 NEPOTISM. As a rule death terminates the relationship by affinity, under Article XIV, Section 13 of the Constitution of Missouri.
53-41 May 10 WORKMEN’S COMPENSATION COMMISSION. House Bills 487 and 488 of the 61st General Assembly are constitutional.
53-41 Oct 16 JUSTICE COURTS. Plaintiff, except infants, in a Justice Court cannot conduct his suit by an agent but may do so in person or by an attorney.
54-41 Mar 14 MUNICIPAL OFFICES.
ELECTIONS.
The manner of filling unexpired term for the office of alderman in a city of the fourth class.
55-41 Jan 20 INSURANCE. Approval of Articles of Association of Kansas City Casualty Company.
55-41 Jan 23 INSURANCE. Stock casualty companies under Article VI, Chapter 37, R. S. Mo. 1929, may issue participating contracts.
55-41 Jan 29 INSURANCE. Approval of increase of capital stock and amendments to articles of incorporation of Employers Reinsurance Corporation.
55-41 Feb 7 INSURANCE. Proceedings to increase capital stock of the Business Men’s Assurance Company of America invalid.
55-41 Feb 11 INSURANCE. Approval of papers as to form and sufficiency submitted in connection with increase of capital stock of Postal Life and Casualty Company under Article II, Chapter 37 R. S. Mo. 1929.
55-41 Mar 11 INSURANCE. Approval of increase of capital stock and amendments to articles of incorporation of Kansas City Casualty Company of Kansas City, Missouri.
55-41 Mar 18 INSURANCE. Approval of articles of association of Commercial Bankers Mutual Casualty Company.
55-41 Mar 21 INSURANCE. Approval of Articles of Association of Mutual Savings Life Insurance Company.
55-41 Apr 15 INSURANCE. Approval to amendment of Articles of Incorporation of Commercial Bankers Mutual Casualty Company.
55-41 May 13 CORPORATIONS.
INSURANCE.
BUILDING AND LOAN ASSOCIATIONS.
Insurance companies, both foreign and domestic, are required to register under the provisions of Section 5085 of R. S. Mo., 1939. Building & Loan Associations not required to comply with the general statute respecting registration of corporations.
55-41 Aug 13 INSURANCE. Town mutual may insure automobiles of members but coverage specifically limited to fire, lightning and winstorm.
55-41 Oct 24 STATUTE.
INFORMATION.
Construing Section 8383, R. S. Missouri 1939.
56-41 Jan 28 COURT.
FUNDS.
Cannot loan surplus money from tax sales, as school funds until 20 years elapse from date of deposit in county treasury.
57-41 Jan 23 COUNTY COURTS.
SALE OF BONDS.
The authority of the county court to pay compensation to agent for selling refunding bonds.
57-41 Jan 31 CRIMINAL LAW.
WITNESSES.
Testimony of a physician is not privileged communication as to his patient where the facts testified to were not necessary for him to prescribe for such patient as a physician or do any act as a surgeon.
57-41 Mar 13 ROAD DISTRICT TAXATION. It is mandatory upon the county court to make a levy under Section 8526, R. S. Mo. 1939, and, upon the failure of the county court to make such a levy, mandamus will lie.
57-41 Apr 9 TAXATION.
SPECIAL ROAD DISTRICTS.
The fiscal, calendar and financial year of the county begins on the 1st day of January and ends on the 31st day of December. Warrants accruing in 1939 cannot be paid out of the taxes assessed for 1940 unless a surplus over and above county expenses in 1940.
57-41 May 16 CONSERVATION COMMISSION.
STATE PARK BOARD.
APPROPRIATION.
Construing Section 74, House Bill No. 66.
57-41 May 20 APPROPRIATION.
STATE PARK BOARD.
Trucks may be purchased under Section 74, House Bill 66.
57-41 June 26 CRIMINAL LAW. Wife abandonment and failure to support may be charged separately or conjunctively.
57-41 Aug 18 DEED.
CONSERVATION COMMISSION.
Interpretation of mineral reservation in deed.
57-41 Aug 23 RECORDER OF DEEDS.
CLERK OF CIRCUIT COURT.
Clerk of circuit court and ex-officio recorder of deeds serves until his term expires although by operation of law at the next general election a recorder of deeds must be elected.
57-41 Sept 19 CRIMINAL LAW.
COSTS.
Wife cannot testify against her husband without his consent. Upon the dismissal of a rape charge, state must pay the costs.
58-41 Mar 4 BUILDING & LOAN. Foreign associations advertising in newspapers are not doing business within this state.
58-41 Mar 7 BUILDING AND LOAN. Class B assets may borrow money from Class A.
60-41 Jan 23 Hon. Robert I. Meagher WITHDRAWN
60-41 Feb 19 COUNTY CLERK. Not liable for donation to special road district made by county court if donation is legal, unless funds are taken from the five classes of the County Budget Act.
62-41 Jan 21 GENERAL ASSEMBLY. Upon opening and publishing the returns of the election for state officers, may proceed to other business.
62-41 Feb 18 FEES.
SALARIES.
SHERIFF AND DEPUTIES.
CONSTABLES AND DEPUTIES.
ST. LOUIS COUNTY.
Not entitled to mileage in addition to salary in the performance of their official duties.
62-41 June 19 Hon. Joe H. Miller WITHDRAWN
62-41 Aug 11 TAXATION.
BONDS.
Railroad bonds on railroads in receivership are subject to taxation.
62-41 Aug 13 TAXATION.
BOARD OF EQUALIZATION.
Construction of House Bill No. 328 with reference to the duties of the State Tax Commission.
62-41 Aug 19 TAXATION. Form of collector’s notice of sale and certificate to proof of publication.
62-41 Sept 9 APPROPRIATIONS.
PENAL INSTITUTIONS.
Balance of moneys in various funds of Department of Penal Institutions should be transferred and credited to ordinary revenue fund at the end of biennium and after all warrants on such fund have been discharged and the appropriation has lapsed.
62-41 Sept 11 TOWNSHIPS.
BOUNDARY LINES.
PROCEDURE.
A petition for change of boundary of townships should come from the voters of each township affected.
62-41 Sept 30 TAXATION AND REVENUE. Appointment of an attorney for the collection of delinquent personal taxes.
62-41 Oct 2 TAXATION.
MERCHANTS.
TAX COMMISSION.
Jurisdiction of State Tax Commission over merchants’ assessments.
62-41 Oct 3 TAXATION.
PAYMENT.
APPEAL AFTER PAYMENT.
Taxpayer who pays a tax for the purpose of getting benefits of reduction on account of early payment, waives his right to appeal to the State Tax Commission for relief, even though he pays such tax under protest.
62-41 Oct 3 TAXATION.
TELEPHONE.
EXTENSION LINES.
Extension lines of telephone should be considered as a part of the right of way of a telephone company for allocation of wire companies for taxation purposes.
62-41 Oct 8 TAXATION.
STREET RAILWAYS.
ALLOCATION.
Miles of street traversed on regular routes by busses owned by street railways should be used in allocation for tax purposes.
62-41 Oct 8 TAXATION.
TAX COMMISSION.
Jurisdiction of Tax Commission over assessment rolls after the same have been delivered to proper officers for collection of the taxes.
62-41 Oct 13 TAXATION.
RAILROADS.
DEPOTS.
Railway express building owned by Terminal Railroad Association of St. Louis should be assessed as distributable property of railroads.
62-41 Oct 17 TAXATION AND REVENUE. (1) Rights of a holder of a certificate of purchase issued by the treasurer of a city of the first class. (2) When county court may redeem lands from such sale.
62-41 Oct 20 Hon. Jesse A. Mitchell WITHDRAWN
62-41 Oct 30 JUDGMENT.
RECOGNIZANCE OR BAIL BOND.
(1) Statute of limitations applies for the reason that net proceeds go to the school funds in the county. (2) The three-year lien upon the real estate of the defendant, as provided in Section 1270, R. S. Mo. 1939, immediately attaches upon rendition of judgment. (3) Such judgments may be revived by scire facias or suit upon the judgment as in other civil cases.
62-41 Nov 5 TAXATION.
INTER-STATE BUS AND TRUCK LINES.
The State Board of Equalization does not have jurisdiction to assess Inter-State Bus and Truck Lines because the statute authorizing same has been repealed.
62-41 Nov 14 PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
The Commission of Penal Institutions has the power to authorize boys at the Missouri Training School for boys to do work outside the institution for private individuals.
62-41 Dec 17 INFANTS.
MO. TRAIN. SCHOOL FOR BOYS.
JURISDICTION.
Jurisdiction sentence delinquent boys under 17-circuit courts, Cape Girardeau Common Pleas; such boys between 17 and 21, same courts, also St. Louis Ct. Crim. Correction. For certain felonies, circuit courts may sentence boys under 17 to pen., or Train. School; for other felonies may sentence only to Train. School. Remedy to correct sentence to wrong place is habeas corpus.
62-41 Dec 31 ANIMALS. Slaughter of horses and mules not unlawful if done in humane manner.
63-41 July 7 CRIMINAL COSTS.
JURIES.
Sheriff is only entitled to a reasonable amount allowed by the circuit judge and prosecuting attorney for the board and lodging of a jury.
64-41 Aug 25 COUNTY COURT.
COUNTY HOSPITAL AND NURSES’ HOME.
Nurses’ Home cannot be constructed under levy for construction of a county hospital.
64-41 Sept 18 OFFICERS. Acceptance of “tips”, even though after office hours – against public policy.
64-41 Nov 18 Hon. Mark Morris WITHDRAWN
64-41 Dec 16 Hon. Mark Morris WITHDRAWN
65-41 July 25 NEPOTISM. A father is not related to the sister of his son’s wife by affinity, and the appointment by the father of such person as an official clerk does not violate Sec. 13, Article 14, of the Constitution.
66-41 Jan 2 TAXATION. Even tho cemetery association later sells off part of land said land tax exempt during time held by association for cemetery purposes.
66-41 June 6 TAXATION AND REVENUE. The taxpayer can complain to the State Tax Commission when his proper appeal from the county assessor to the county board of equalization has been denied for the reason he had not introduced evidence in support of the affidavit for appeal.
66-41 June 26 TAXATION. Defense Bonds Series E, F, and G, not taxable as personal property.
67-41 Jan 8 COUNTIES BUDGET LAW. Liability of county for supplies not included in officer’s budget.
67-41 Jan 13 CIRCUIT CLERKS, COUNTY CLERKS. Not entitled to retain fees to apply upon fixed salary.
67-41 May 26 INTOXICATING LIQUOR. Supervisor may grant license to person indicted for violation of Act, if person has qualifications required by Act. May not grant license to person convicted for such violation by judgment and sentence of court.
67-41 Sept 24 TAXATION AND REVENUE. County Court can not abate penalty on the mistake made by the collector as to the amount of taxes owed by the taxpayer.
67-41 Dec 29 ROADS AND BRIDGES. Commissioners of special road district organized under Art. 18, Chapt. 46, R. S. Mo., 1939, have exclusive control over all roads, bridges and culverts within said district.
68-41 Jan 20 CLERK OF CIRCUIT COURT. Salary change effected by 1940 census begins January 1, 1941.
68-41 Feb 28 SHERIFFS. Entitled to mileage in each case for serving several summons on same trip.
68-41 Mar 6 TAXATION.
REVENUE.
An election for a county library cannot be held if at that time the county court has levied to its full limitations under Section 11, Article X of the Constitution of Missouri.
68-41 Mar 31 PENAL INSTITUTIONS.
CRIMINAL PROCEDURE.
Upon conviction in a capital case on appeal and stay of execution the sheriff must deliver the convict to the Warden of the Penitentiary not more than ten days from the date of the judgment.
68-41 Aug 28 MOTOR VEHICLES.
PROSECUTING ATTORNEYS.
A jury, judge, or prosecuting attorney cannot assess or recommend a fine of less than Five Dollars for careless driving under Section 8383, R. S. Missouri 1939.
68-41 Aug 28 BOARD OF CHIROPRACTIC EXAMINERS. May not remit renewal fees; issuance of renewal license is mandatory on payment of required fee.
68-41 Oct 18 CRIMINAL LAW.
INSANITY.
Convict under death penalty reprieved by Governor and discharged by State Hospital as sane is subject to execution.
69-41 Jan 21 INTOXICATING LIQUOR. The penalty for a violation of Section 8 of the Liquor control Act is a misdemeanor as provided by Section 43 of said act.
69-41 Feb 12 PROSECUTING ATTORNEY.
CRIMINAL LAW.
FORMER JEOPARDY.
One charged with careless and reckless driving who paid a fine is not put in jeopardy by being subsequently charged with carrying a deadly weapon while intoxicated.
69-41 Apr 17 COUNTY SUPPLIES. Section 2511, R. S. 1939, did not prescribe method for purchase of supplies in counties having a population of 15,700 inhabitants.
69-41 Apr 21 FOOD STAMP PLAN. Counties under 50,000 inhabitants may participate in Food Stamp Plan if expenditure properly budgeted, but have no authority to borrow funds against unknown future revenue for this purpose.
69-41 Aug 18 SOLDIERS AND OTHER PERSONS IN MILITARY SERVICE. Civil courts have jurisdiction concurrent with military courts to try for violations of civil laws.
69-41 Oct 2 PEDDLERS. Farmer who feeds and kills his own cattle may sell the meat therefrom without paying a peddler’s license.
69-41 Oct 24 ANIMALS. The stealing of a dog is subject to a charge of larceny.
69-41 Nov 22 ROADS AND HIGHWAYS.
OVERSEERS.
CONTRACTING FOR ROAD MACHINERY.
Road overseers of common road districts are not authorized to contract for road machinery nor to incur obligations in excess of income for current year.
69-41 Dec 1 ROADS AND BRIDGES. County may ask damages for injury to county roads in the original condemnation suit by the United States condemning roads in any army area.
71-41 Mar 29 COUNTY TREASURER AND EX OFFICIO COLLECTOR. Section 11106 applies to compensation as ex-officio collector and section 13450 does not.
71-41 Aug 20 COUNTY TREASURERS. House Bill 255 becomes effective October 10, 1941, but operation may be postponed to some treasurers.
71-41 Oct 15 OFFICERS. Probate Judge may be a notary public at the same time as the duties are not incompatible.
73-41 Jan 30 HIGHWAY ENGINEERS. County Highway Engineers not entitled to mileage in counties of twenty thousand to fifty thousand.
73-41 Feb 13 GARNISHMENT. Notice to a judgment debtor after general execution is not a prerequisite before issuing a writ of summons to a garnishee.
73-41 Apr 10 MOTOR VEHICLES. Dealer’s license plates may not be used in the demonstration or transportation of farm tractors.
73-41 Sept 4 MOTOR VEHICLES.
HIGHWAY PATROL.
Highway Patrol unauthorized to keep slow moving, heavily loaded motor vehicles off highways.
73-41 Sept 30 MOTOR VEHICLES. “Push-a-Bike” is a motortricycle within the meaning of the motor vehicle act.
73-41 Nov 21 Hon. W. Oliver Rasch WITHDRAWN
74-41 Sept 10 CRIMINAL LAW. Affidavit sufficient to charge the crime of Grand Larceny under Section 4456 R. S. Mo., 1939 – Larceny and Embezzlement distinguished.
75-41 July 18 PARENT & CHILD. Valid marriage affects emancipation of child from parental control, and parental consent for vaccination of married minor not necessary.
76-41 Jan 23 NEPOTISM.
OFFICERS APPROVING APPOINTMENTS.
A member of the County Court voting for approval of his son-in-law as assistant county engineer violates the nepotism act; but if other members of the court vote for such approval without the connivance, understanding or agreement of the related member then the act is not violated.
76-41 Jan 24 TAXATION.
SPECIAL ROAD AND BRIDGE TAXES.
County Court authorized to make additional levy under provisions of Section 22 of Art. X of the Constitution for special road and bridge taxes.
76-41 Feb 12 SPECIAL ROAD DISTRICTS. Cannot use funds derived from special road tax to pay bonded indebtedness.
76-41 Apr 17 ELECTION CONTESTS. In absence of statute the county clerk cannot receive any compensation for additional expense in recounting ballots in gubernatorial contest. The county court cannot reimburse him because the claim is not a valid claim and the court is precluded from paying the same by the County Budget Law.
76-41 Apr 22 TAXATION AND REVENUE. (1) Nonresident owner may, through a legally constituted attorney in fact, redeem his land sold under the Jones-Munger law, within the statutory period of redemption. (2) Answered by an opinion rendered to Mr. Bryan A. Williams, Prosecuting Attorney, Marble Hill, Missouri.
76-41 May 9 Mr. G. Oscar Robinson WITHDRAWN
76-41 Aug 16 MUNICIPAL CORPORATIONS.
CONFLICT OF LAWS.
In cities of the third class the mayor only has the power of appointment of non-elective officers. City ordinance conflicting with state law absolutely void.
76-41 Oct 17 BURIAL INSURANCE SOCIETIES. Persons or corporations doing burial insurance business without authority from Insurance Department subject to punishment.
76-41 Nov 10 TAXATION. Surplus from tax sale should be paid to persons entitled thereto. In case of doubt or dispute of such surplus, the collector should pay the same into the county treasury for the use and benefit of such person or persons.
76-41 Nov 19 OFFICERS.
COUNTY TREASURERS.
Treasurer can not receive extra compensation for taking care of accounts of county toll bridges.
77-41 Jan 18 SHERIFFS. Special election to fill vacancy.
80-41 Aug 7 JOURNALISM SCHOOL.
LINCOLN UNIVERSITY.
REASONABLE TIME.
Establishment of journalism school 7 months after demand is within a reasonable time.
80-41 Sept 6 SCHOOLS.
LINCOLN UNIVERSITY.
Rules made by Board of Curators with reference to paying Negro school students’ tuition outside of State are reasonable; 1% of fund can not be used for administrative purposes.
80-41 Sept 19 BUILDINGS.
LINCOLN UNIVERSITY.
Public bodies must enter into contracts for labor and materials in the construction and repair of public buildings and improvements.
81-41 Jan 9 GENERAL ASSEMBLY. Power to investigate election returns prior to seating executive officials.
81-41 Jan 20 GOVERNOR. Veto of Resolution No. 3 passed in Joint Session by Sixty-first General Assembly is a nullity.
81-41 Jan 21 CORPORATION. Notice of reduction of employees’ wages is mandatory and has reference to all classes of employees (Sections 4590 and 4591, R. S. Mo. 1929).
81-41 Mar 22 COUNTY OFFICERS.
SHERIFF.
DEPUTY.
The sheriff and his deputies may not legally receive from and be furnished free transportation by a street railway company.
81-41 May 26 RECORDER OF DEEDS. It is the duty of the recorder of deeds to record all instruments when properly proved or acknowledged according to law and authorized to be recorded in his office.
82-41 Aug 25 CORONERS. When the act of violence occurs in one county and the victim dies in another, the coroner of the county in which the victim dies should have jurisdiction and the county court of that county is liable for the legal expense incurred in connection with such inquest.
83-41 Jan 15 SALARIES.
CONTESTED ELECTION.
CIRCUIT JUDGE.
Circuit Judge Sam C. Blair cannot collect a salary from the state unless he gives bond and complies with Section 11423, R. S. Missouri 1929.
83-41 Jan 20 SPECIAL ROAD DISTRICTS. Warrants to be paid in future years for payment of machinery where total costs is in excess of the unspent year’s income and that which can be anticipated for the year that said machinery is bought are void and non-enforceable within the meaning of Section 12, Article 10 of the Constitution of Missouri, and therefore, said warrants would have no affect upon a reorganization of the said road districts.
83-41 Mar 10 Hon. Forrest Smith WITHDRAWN
83-41 Apr 11 BOARD OF FUND COMMISSIONERS. Comparison of paid bonds and coupons does not have to be done personally by Board of Fund Commissioners, but may be delegated.
83-41 Apr 25 CRIMINAL LAW.
MOTOR VEHICLES.
Prosecution for theft of tires of the value of more than Thirty Dollars must be brought under the grand larceny section and not under the tampering section and upon acquittal the state must pay the costs.
83-41 May 1 CRIMINAL COSTS ON CHANGE OF VENUE. Reporter’s fee of Three Dollars should be paid in the county where the information or indictment is filed.
83-41 May 8 BOND ISSUES. Uncertified assessments can not be used in ascertaining value of property within political subdivisions.
83-41 May 9 SCHOOLS. Contract for more than one year with teacher is legal and binds new board, if contract is made in good faith without fraud or collusion, and is for reasonable time. (Overruling opinion of Mr. Buffington and reaffirming opinion of General Crow of May 1, 1933, to Board of Education, Columbia, Missouri)
83-41 July 2 MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
Motor vehicles carrying agricultural products exclusively in intrastate traffic exempt from Public Service Commission Act.
83-41 July 8 CRIMINAL COSTS. Court reporter not entitled to costs of transcript of bill of exceptions on a pauper appeal until the case is finally decided and determined without right of further appeal.
83-41 July 24 STATE AUDITOR.
ESCHEAT FUND.
Auditor precluded from drawing warrants upon Escheat Fund absent an appropriation by the Legislature creating funds out of which the State Treasurer may pay such warrants.
83-41 July 25 SCHOOLS. School board is not authorized to by caps and gowns and invitation cards for students at graduation time. There is no statute authorizing the same.
83-41 Oct 2 CRIMINAL LAW. Setting out officers subject to prosecution for the purchase of fees and warrants at less than par under Section 4349, R. S. Missouri 1939.
83-41 Oct 10 APPROPRIATIONS. Appropriation from Private Grain Inspection fund for six months period is not affected by Section 73 of House Bill 581.
83-41 Oct 16 Hon. Forrest Smith WITHDRAWN
83-41 Oct 22 STATE AUDITOR. State auditor has power, under Section 13100, R. S. Mo. 1939, to compel Recorder of Deeds to show actual amount paid deputies or assistants. If he refuses to do so the matter should be referred to the Prosecuting Attorney.
83-41 Oct 25 BOARD OF HEALTH. No limit on inspectors in Food & Drug and cosmetology departments or their salaries. State Board through president may sign all payroll vouchers, except water and sewage division which Commissioner of Health may sign, but such duty may be delegated.
83-41 Dec 10 Hon. Forrest Smith WITHDRAWN
85-41 July 19 BOARD OF HEALTH. Commissioner of Health has a right to investigate the health conditions of a county jail, and should report his findings to the County Court and the Circuit Judge of the particular county, and may furnish his report to the City Council of the city in which the jail is situated.
85-41 Sept 11 STATE BOARD OF HEALTH. Has no legal duty to make laboratory tests for individuals or officials in matters not affecting the public health.
85-41 Oct 9 STATE BOARD OF HEALTH. Although a hotel is exempt from property tax it is not exempt from hotel license fees. Deputy of State Board of Health must follow the statutes in condemnation and forfeiture of food and drugs.
85-41 Oct 30 HEALTH, BOARD OF.
MUNICIPAL CORPORATIONS.
Board of Health and cities of the first class both have authority to inspect food and drugs.
85-41 Dec 1 STATE BOARD OF HEALTH. It is the duty to inspect homes for incurable people even though no special appropriation was made for the purpose.
85-41 Dec 2 ADMINISTRATION. Upon refusal to grant letters of administrations under Section 2, Laws of Mo. 1941, page 289, widower, widow or minor children under the age of 18, through their guardian, as the case may be, may assign title to automobile in the estate. A creditor under Clause 2 of said section, supra, has the right to transfer the title to an automobile in the estate, if there be one.
85-41 Dec 10 COUNTY COURTS.
PUBLIC BUILDINGS.
County courts may convey a site for construction of a public health center provided such location is not needed for county public buildings.
85-41 Dec 13 STATE BOARD OF HEALTH.
NURSING SHELTERS OR BOARDING HOMES.
RULES AND REGULATIONS.
85-41 Dec 15 Dr. James Stewart WITHDRAWN
85-41 Dec 17 BOARD OF HEALTH.
HOTELS.
Board of Health may make tourist camp regulations applicable to hotels.
85-41 Dec 29 OFFICERS. Any state, county or city officer is eligible as federal agent under the state tire rationing administrator if they serve without pay.
86-41 Feb 15 HIGHWAY COMMISSION. Right to rescind construction contract by mutual consent by paying for work and materials actually furnished; payment of any sum in excess of money actually earned by contractor under a contract is illegal.
86-41 Mar 10 STATE HIGHWAY COMMISSION. May not abandon voluntarily a constitutionally established road.
86-41 Mar 26 COUNTIES.
FEDERAL SURPLUS COMMODITIES.
FOOD STAMP PLAN.
COUNTY BUDGET ACT.
County courts may appropriate monies for purchase of food stamps, but such purchases must be subject to the provisions of the County Budget Act.
86-41 Nov 25 SCHOOLS. Board does not have statutory authority to appropriate money for sending out delinquent tax notices. School district is not liable for paving and improving streets adjacent to building.
88-41 Jan 6 POLL TAX. City of Third Class has right to impose.
88-41 Sept 18 INTOXICATING LIQUORS. Provision of ordinance of incorporated city under special charter which excepts licensing and sale of malt liquors in original package at retail liquor stores is invalid, same being inconsistent with state law.
89-41 Feb 21 SALARIES OF COUNTY OFFICERS. Change in salaries occasioned by change in population should be effective as soon as changed report of population is available.
89-41 Feb 28 Hon. Gene Thompson WITHDRAWN
89-41 Apr 24 COUNTY BOARD OF EQUALIZATION. Cannot equalize values between farm lands and city lots; cannot raise value of a class of property.
89-41 Sept 3 TAXATION.
RURAL ELECTRIFICATION.
GOVERNMENT AGENCIES.
Rural Electrification Co-operatives are not government agencies and are therefore subject to the provisions of the Tax laws.
89-41 Oct 3 PROSECUTING ATTORNEYS. Prosecuting Attorney not entitled to retain for his services, under Sec. 12942 R. S. Mo., ’39, any compensation, but may receive his necessary traveling expenses.
89-41 Dec 12 COUNTY COURTS. County courts have power to employ watchmen to preserve county property.
90-41 Jan 3 COUNTY TREASURER. Surplus monies can only be paid through suitable order from county court.
90-41 Nov 28 LABOR DEPT.
MATTRESSES.
STERILIZATION OF.
Used mattresses must be sterilized before sale, and during renovation. Failure to do so, misdemeanor, and ground for refusal and revocation of license.
90-41 Dec 8 LABOR, DEPARTMENT OF. Female contestants in a “walkathon” come within the provisions of Section 10171, R. S. Mo. 1939, and cannot participate more than nine hours a day or fifty-four hours a week.
93-41 July 3 NEPOTISM. Section 13, of Article XIV, of the Constitution of Missouri, does not prohibit the appointing by a public officer of a husband of a wife whose great grandfather was the brother of the grandfather of the office holder.
93-41 Dec 31 SHERIFFS’ DEPUTIES.
PRIVATE GUARDS.
Not necessary for private guards to be commissioned as deputy sheriffs.
94-41 Mar 27 SCHOOLS. Benefits for teachers in St. Louis. Act can include requirement that teacher reside in St. Louis during time required for obtaining pension; not necessary to pass amendment to the Constitution for legislative act to be valid for teachers only in St. Louis.
94-41 Aug 8 TAXATION.
EXTENSION OF TAXES BY COUNTY CLERK.
The ninety-day period in which County Clerk shall extend taxes and turn books over to Collector, begins to run when County Board of Appeals has completed its work and the certificate from the State Tax Commission has been received.
94-41 Aug 26 CIRCUIT JUDGE. Exercises same powers as a member of the county court as jury commissioner.
94-41 Nov 6 OFFICERS.
TRAVELING EXPENSES.
State cannot place deposit with airplane company to cover traveling expenses of state officials and employees.
95-41 Feb 13 COUNTY TREASURER. Not authorized to issue check in payment of judgment until warrant was presented.
97-41 Feb 7 ROAD DISTRICTS.
ROADS & BRIDGES.
Special Road District may make levy under Section 8067 R. S. Missouri, 1929, for repairing roads in the district and may also purchase rock crusher, to crush rock to be used in repairing said roads.
97-41 Feb 19 COUNTY COLLECTOR. Back taxes are not to be included in the limitation of fees under Section 11106 R. S. Mo. 1939.
97-41 Feb 26 COUNTY BUDGET ACT. Traveling expenses of prosecuting attorney can be paid out of surplus in class 5, or can be paid out of class 6.
97-41 Mar 5 Hon. Robert P. C. Wilson, III WITHDRAWN
97-41 Mar 14 COUNTY COURT.
JURY COMMISSIONERS.
The county and circuit courts may examine a poll book in preparing, before selecting, persons qualified to serve as jurors as provided in Section 705 and Section 706 R. S. Mo. 1939.
97-41 Mar 24 SCHOOL DISTRICTS. May sell school buildings if no longer required and new building is provided.
97-41 Apr 14 TOWNSHIPS. Arbitrary refusal of chairman to sign order for purchase price of road machinery where the majority of the members of the board have voted for the issuance of said order, forces the recipient of said order to bring court action.
97-41 May 21 TAXATION. Omitted personal property on a return to the assessor cannot be assessed as to previous years.
97-41 Aug 7 CONSTABLES.
OFFICERS.
County court is not prohibited from appointing a constable who is in the general mercantile business.
97-41 Sept 5 TAXATION.
TOWNSHIP.
Amount of levy that may be made for township purposes, including special road and bridge fund.
97-41 Oct 7 MUNICIPAL CORPORATIONS. Violation of city ordinance regulating automobile speed is offense against city and is not a State offense.
97-41 Oct 11 PRISON MADE GOODS.
SHIPMENT PRIOR TO OCT. 14TH.
Prison made goods may be shipped outside Missouri prior to midnight October 13, 1941.
97-41 Oct 18 SHERIFF.
COUNTIES.
County Counselor of St. Louis County is sole attorney for sheriff.
97-41 Oct 29 TAXATION.
PERSONAL TAXES.
PRIORITY OF LIEN.
The state’s lien on personal property seized to satisfy personal taxes is superior to all prior liens, including chattel mortgages.
97-41 Nov 25 COUNTIES. Deficit in road districts can not be paid out of the current revenue, but must be paid out of the delinquent taxes or surplus in subsequent years.
97-41 Nov 29 ADMINISTRATION. Section 301, Laws of Missouri 1941, is procedural in character and becomes effective ninety days after the adjournment of the Legislature.
98-41 Apr 4 Hon. Con Withers WITHDRAWN
98-41 May 7 EXTRADITION. Apprehension pending Governor’s warrant; arrest on suspicion; affidavit before justice of the peace by competent witness sworn to in Missouri; examination.
98-41 June 19 TAXATION. Federal employees in Veterans’ Hospital on reservation at Excelsior Springs are liable for personal property tax on their motor cars.
98-41 July 22 SHERIFF, JAILS AND JAILERS. County court cannot increase the allowance for feeding prisoners during the current year.
98-41 Dec 30 ROADS AND BRIDGES.
COUNTY BUDGET.
County treasurer can protest warrants against special road and bridge fund of any road district but not the county road and bridge fund.
99-41 Apr 23 ELECTION CONTEST. Board of Election Commissioners of Kansas City, because of special statutes, may employ and pay extra help in conducting recount in gubernatorial contest.
99-41 Oct 31 WITNESS BEFORE GRAND JURY. Any witness appearing before a grand jury is entitled to witness fees and it is the duty of the county treasurer to pay such witness out of any money in the county treasury appropriated for other expenses provided such witness has the proper scrip for his fees as is provided in Sec. 13421, R. S. Mo. 1939.
100-41 June 24 MOTOR VEHICLES.
INFORMATION.
May not display placard bearing words “License Applied for” as substitute for registration plates; approved information for such violation.
100-41 July 22 COUNTIES. Contract of insurance on buildings and county property for more than one year is void.