1942 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-42 Feb 12 OFFICERS. County officers in counties under 50,000 population may purchase own supplies.
1-42 Mar 23 SCHOOLS.
SCHOOL DISTRICTS.
PARTITION FENCES.
Liability of public school districts for costs of partition fences.
1-42 June 6 TOWNSHIP ORGANIZATION.
TRUSTEES.
1. Upon refusal and failure to qualify after being elected, the old board shall call another election. 2. Old trustees shall continue to perform all duties until new trustees are elected and qualified.
1-42 July 9 ELECTIONS. Qualifications of judges of election.
1-42 Aug 20 Hon. George Adams WITHDRAWN
1-42 Oct 1 ELECTIONS. Application of absentee voters in the Armed Forces within and outside of the State, and when such votes shall be placed in the hands of the election officials.
1-42 Oct 21 ELECTIONS. Members of police force not permitted to be within voters’ booths during progress of election, and not entitled to be within polling places unless requested by judges of election.
2-42 Dec 16 STATE PLANNING BOARD. Appropriation for board limited to $10,000.00 for any biennium.
3-42 Feb 16 Mr. Richard Arens WITHDRAWN
3-42 May 14 ELEEMOSYNARY INSTITUTIONS.
INSANE.
Indigent insane must be resident of county before he may be admitted as a county patient.
3-42 Dec 10 CORONERS. Election for coroner in 1942 unauthorized and void, and commission should not issue.
4-42 Feb 10 STATE FAIR.
COMMISSIONER OF AGRICULTURE.
Commissioner of Agriculture may hold essay or poster contests in schools to carry out purposes of the State Fair Act.
5-42 Oct 22 COUNTY RATIONING BOARD. Member of the legislature may serve on the county rationing board.
5-42 Dec 28 OFFICERS.
CORONER.
JUSTICE OF THE PEACE.
Coroner and justice of the peace may hold the same office.
6-42 Jan 12 STATE TREASURER.
PUBLIC SERVICE COMMISSION.
MOTOR VEHICLE FUNDS.
State treasurer’s duties respecting licenses fees on motor vehicles under Section 5728, R. S. Mo. 1939.
6-42 Feb 20 COUNTY COURTS. Taxes levied to pay off the indebtedness incurred to build a courthouse cannot be used for any other purpose.
6-42 June 22 LIQUOR.
BEER STAMPS.
When appropriation of Treasurer exhausted, Liquor Supervisor may purchase stamps out of his printing appropriation.
6-42 July 20 ELECTIONS. County clerk furnishes ballots. Sheriff posts notice of election on vacancy of member of the legislature.
7-42 Aug 21 SCHOOLS. Portion of district cannot be annexed to city district unless at least thirty (30) children remain in the district.
7-42 Sept 18 ELECTIONS.
PRINTING ABSENTEE BALLOTS.
Clerks may have absentee ballots printed more than ten days prior to election day.
9-42 June 30 BLIND PENSION. Interpretation of Section 9452, R. S. Mo. 1942.
10-42 Jan 14 STATE PARK BOARD.
CONSERVATION COMMISSION.
OFFICERS.
The Department of Conservation and State Parks are two separate and distinct departments. Duties of the director of State Parks as provided under Section 15329, R. S. Mo. 1939.
10-42 Feb 4 STATE PARK BOARD. The State Park Board may repair and maintain Arrow Rock State Park tavern under certain conditions.
10-42 Feb 27 Mr. I. T. Bode WITHDRAWN
10-42 May 13 Hon. John O. Bond WITHDRAWN
10-42 Sept 12 Mr. Paul Boone WITHDRAWN
11-42 Mar 2 MARRIAGES. Four questions in regard to who issues the license.
11-42 Apr 8 Hon. F. M. Brady WITHDRAWN
11-42 Apr 27 MARRIAGES. Justice of the peace not prohibited from soliciting marriage ceremonies.
11-42 July 15 COUNTY COURTS. County court has exclusive control over motor vehicles owned by county.
11-42 Aug 11 Mr. F. M. Brady WITHDRAWN
11-42 Oct 12 TAXATION. Lands assessed for taxation under a void description can not be corrected in a deed by the Collector, so as to convey good title to the lands intended to be assessed and sold.
11-42 Nov 27 COUNTY COURTS.
COURTHOUSE.
County courts may dispose of lands acquired for courthouse, if same are not lands acquired and needed for county seat purposes.
12-42 Feb 5 INCOME TAX, FEDERAL ESTATE TAX AND INHERITANCE TAX. Contributions made to Missouri School for Blind are exempt from income, inheritance and federal estate taxes.
12-42 Feb 20 COURTHOUSE. County court has authority to provide additional courthouse space, but cannot pledge revenue for future years.
12-42 Mar 3 ELECTIONS. June 5, 1942, is the last day to file declaration of candidacy.
12-42 Mar 6 ELECTIONS. July 2, 1942, is the last day for filing initiative petitions.
12-42 Mar 17 ELECTIONS. Hours of opening and closing polls in 1942 governed by War Daylight Time; in cities of less than 25,000 close at sunset if after 7 p.m.
12-42 Apr 1 ELECTIONS. Stickers must be placed over identifying numbers on all ballots.
12-42 Apr 20 SECURITIES COMMISSION. Deposit of Fidelity Investment Association not subject to law relative to deposits of State money.
12-42 Apr 22 MISSOURI SCHOOL FOR THE BLIND. County court not authorized to pay expenses of students who are not sent by court order.
12-42 Apr 22 MISSOURI SCHOOL FOR THE BLIND. Resident defined.
12-42 Apr 27 SCHOOLS.
MISSOURI SCHOOL FOR THE BLIND.
Board of Managers may use discretion in employing teachers.
12-42 Apr 27 ELECTIONS. Names of Appellate judge must be published. Returns of result of vote on retention of judges and initiative questions must be separate.
12-42 Apr 30 PRINTING. (1) Commission may adopt rule of Supreme Court as to briefs, where statute and rule do not conflict; (2) may take bid on statutory basis of ems, tokens or quire on composition and presswork according to method employed and job to be done; (3) may require contractor to obtain receipt from department which receives printing; (4) on binding, commission may cover price on press numbering and perforating by percentage discount from hand schedules.
12-42 June 3 ADMINISTRATION.
PROBATE COURTS.
Personal estate of non-resident decedent may be administered by the Probate Court in which the estate is settled. Probate Courts not required to turn over to domiciliary administrator the personal estate of a non-resident decedent, after the payment of all debts, if, under the circumstances, such distribution may be best accomplished by administration in this state.
12-42 June 17 Hon. Dwight H. Brown WITHDRAWN
12-42 June 20 ELECTIONS.
PRIMARY.
It is not necessary to print names of minor party candidates on primary election poll books, tally books and other supplies: Minor parties having failed to cast more than 5% of votes at last election for Governor.
12-42 July 2 ELECTIONS. The Act of 1941 deprives the party committee from filling vacancies on the ballot except in cases where the nominee dies or resigns. – No write-ins on primary ballot except for committeeman or committeewoman.
12-42 July 3 ELECTIONS. Powers and duties of party committee in filling vacancies after the primary.
12-42 July 7 ELECTIONS – REPRESENTATIVES AND SENATORS – UNEXPIRED TERMS. Mode of electing senators and representatives for unexpired terms, and mode of nominating them.
12-42 July 10 CONSTITUTIONAL AMENDMENT. Title for Old Age Pension and Aid for Dependent Children.
12-42 July 10 CONSTITUTIONAL AMENDMENT. Title for Unicameral Legislature.
12-42 July 13 ELECTIONS – REPRESENTATIVES AND SENATORS – UNEXPIRED TERMS. Mode of electing senators and representatives for unexpired terms, and mode of nominating them.
12-42 Aug 17 INITIATIVE PETITIONS. Secretary of State shall allow the withdrawal of initiative petitions when requested so to do by a representative of the petitioners.
12-42 Sept 10 ELECTIONS. The official judicial ballot shall be published by the clerks of the county courts on each county in the State of Missouri.
12-42 Sept 14 ELECTIONS. Judicial ballot title; Constitutional Convention ballot title.
12-42 Sept 16 ELECTIONS.
ABSENTEE BALLOTS.
PERSONS IN MILITARY SERVICE.
Persons in military service in making an application for absentee ballot are not required to reveal their location, unit or rank.
12-42 Oct 7 Hon. Dwight H. Brown WITHDRAWN
12-42 Nov 19 ELECTIONS.
CONSTITUTIONAL CONVENTION.
BALLOTS.
STICKERS.
Stickers should be placed on ballots voted for delegates to Constitutional Convention.
13-42 Jan 2 COUNTY SUPERINTENDENTS OF SCHOOLS. Entitled to receive additional compensation for added duties.
13-42 Feb 9 BONDS.
BOARD OF ELECTION COMMISSIONERS.
COUNTY COURTS.
Governing body liable for payment of premiums on surety bonds where the public official elects to give surety bond and the public body protected consents and approves same.
13-42 May 21 COUNTY CLERKS.
FEES.
County Clerk not entitled to fee for filing declaration of candidacy.
13-42 Sept 2 SCHOOLS. Board of education in town, city and consolidated districts does not have authority to accept anything but cash at sale of school property.
13-42 Oct 27 PROBATION AND PAROLE OFFICERS. Exempted from “concealed weapon” statute.
13-42 Dec 22 BOARD OF PROBATION AND PAROLE. Printing must be done in accordance with Public Printing Act.
15-42 Mar 26 ELECTIONS. Serial number on ballot must be covered by black sticker.
15-42 Nov 17 SCHOOLS. County superintendent is a member of county textbook commission regardless of fact that he may have been employed by publisher of school books prior to his election.
16-42 Jan 19 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Lessee operating motor vehicle properly registered in the State of Texas and transporting own goods and wares in the State of Missouri, in operating for hire does not come within the purview of Public Service Act but must register said motor vehicle in the State of Missouri.
16-42 Jan 22 MOTOR VEHICLES. Finder of numberless automobile tire has sufficient ownership to have a special number assigned by the Secretary of State.
16-42 May 14 MISSOURI SCHOOL FOR THE BLIND.
TEACHER’S CONTRACT.
Discussion of what constitutes teacher’s contract.
16-42 July 10 ELECTIONS.
STATE REPRESENTATIVES.
In re election to fill vacancy in office of State representative.
16-42 Aug 6 MISSOURI SCHOOL FOR THE BLIND. Missouri School for the Blind is a part of the free public school system.
16-42 Aug 7 SCHOOL FOR THE BLIND. Age of pupils must conform to limits fixed by Section 1, Article 11 of the Constitution.
16-42 Sept 9 RELIGIOUS CORPORATIONS. Pension Board of the Methodist Episcopal Church is not a religious corporation.
16-42 Dec 12 PROSECUTING ATTORNEY. Term of office continues until successor has qualified.
17-42 Apr 30 TAXATION.
EXEMPTIONS.
In re exemptions of American Royal Buildings, American Royal Annex and American Royal Parking Lot.
17-42 Dec 28 PROBATE JUDGE.
CLERK OF PROBATE COURT.
Amount, approval and place of signed bond of ex officio clerk.
18-42 Jan 3 HEDGE FENCES. Form of Petition; Form of Instruction and Form of Verdict, to be used in a proceeding under Section 8578 R. S. Missouri, 1939.
18-42 Jan 24 STATUTES.
COOPERATIVE COMPANIES.
Section 14417 R. S. Missouri, 1939, is a special statutes in character, and having been enacted subsequently will prevail over Section 8318 R. S. Mo., ’39.
18-42 Feb 16 ADOPTION LAWS. Discussion of Section 9611B, enacted by 61st General Assembly.
18-42 Apr 7 TAXATION.
ROAD DISTRICT.
SPECIAL BENEFIT DISTRICTS.
Commissioners may not levy tax for construction and maintenance of roads and bridges.
18-42 May 4 SCHOOLS. 1. Annexation of a district, or a part thereof, provided for in Section 10484 R. S. Mo., 1939 is a “special election.” 2. Said election would be valid even though set at the same time as a regular meeting as is provided for in Section 10418 R. S. Mo., 1939.
18-42 June 3 CRIMINAL COSTS.
PROSECUTING ATTORNEYS.
Prosecutor not entitled to fee for conviction upon a plea for guilty when plea was set aside and case dismissed.
18-42 Dec 4 SOLDIERS. Entitled to free copies of public records.
19-42 Jan 8 TAXATION.
COLLECTION.
PARTIAL PAYMENT OF TAXES.
Partial payments of taxes are held by the collector as a trustee and such taxes belong to the tax payer until the full amount of the taxes are paid.
19-42 Apr 21 HEALTH. Regulation made by Board of Curators of University of Missouri, requiring all students to submit to vaccination to prevent smallpox and their failure so to do constituting grounds for exclusion from the University, is a reasonable regulation and can be made and enforced by such Board of Curators.
19-42 Aug 25 SPECIAL ROAD DISTRICTS. May contribute to construction of road within 15 miles of the district limits regardless of county lines. County courts may not contribute to construction of roads outside of its own limits.
19-42 Dec 16 BONDS.
CONSERVATION COMMISSION.
FISH AND GAME REGULATIONS.
Conservation Commission authorized to furnish surety bonds to cover distribution agents in the sale of hunting and fishing permits.
20-42 Jan 15 OFFICE OF DEPUTY COUNTY CLERK.
LEGISLATORS.
Members of the General Assembly may not be appointed Deputy County Clerk during the term for which he is elected to the General Assembly.
20-42 Jan 19 SCHOOLS. The Board of directors of a common school district can legally bind their successors on warrants drawn on the proper funds provided said warrants are valid and legal.
20-42 Feb 6 ROADS AND BRIDGES.
PURCHASING MACHINERY.
Commissioners of special road districts may purchase road machinery with bond funds issued for the purpose of constructing, repairing and maintaining bridges and roads.
20-42 Mar 10 TAXATION. 1. Redemption, after two years, from a certificate issued in 1938, is passed upon by a former opinion. 2. Interest at the rate designated by a collector in a certificate of title shall run from the date of issuance of such certificate for a period of two years and six months thereafter.
20-42 Mar 24 TAXATION.
SPECIAL LEVY ORDERED BY THE CIRCUIT COURT.
Special levy of taxes ordered by the Circuit Court Judge are subject to the limitation prescribed by the constitution.
20-42 Apr 15 FEES. Expense of extradition paid only by the State.
20-42 Apr 17 SCHOOLS. Consolidated district may change location without the vote of taxpayers.
20-42 May 6 Hon. W. W. Crockett WITHDRAWN
20-42 May 11 MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
Employee of Fort Leonard Wood transporting other certain employees to the Fort is not a “motor carrier” or “contact hauler.”
20-42 Sept 22 SCHOOLS. Four questions regarding elections under Section 10484, R. S. Mo. 1939.
20-42 Sept 23 CRIPPLED CHILDREN SERVICE. (1) Salaries of the employees under the Crippled Children Service shall be paid from the appropriations for such service and not from the appropriations for the Confederate Home; (2) Transportation may be furnished for crippled children and their nurses under the Crippled Children Service appropriation but not by the Confederate Soldiers’ appropriation.
20-42 Nov 27 SCHOOLS. School property may be disposed of if no longer required for school purposes.
21-42 Feb 6 TAXATION.
SALES TAX.
The sales tax should be collected on tangible personal property sold to the county court if the seller is engaged in the business of selling such property.
21-42 Mar 2 TAXATION.
MOTOR VEHICLE FUEL TAX.
COUNTIES.
Counties which purchase motor fuel or diesel fuel are required to pay the tax imposed by H.B. 516 Laws of Missouri 1941 page 448.
21-42 Mar 19 OFFICERS. County collector liable for loss in burglary or holdup.
21-42 May 19 COUNTY COURTS.
PUBLIC OFFICERS.
1. Can reduce rate of interest below 6% by order on protested warrants for accounts accruing after order. 2. Cannot agree to less than 6% on protested salary warrant.
21-42 May 26 Mr. George O. Dalton WITHDRAWN
21-42 June 15 LOTTERIES. Prizes and theater schemes in connection therewith.
21-42 Oct 20 TAXATION.
LEVY.
Additional levy authorized by voters of special road district is effective for one year.
21-42 Nov 9 TAXATION. Surplus from sale of lands in foreclosure of delinquent tax lien must be paid to person entitled thereto. In case of doubt or dispute, such surplus must be paid into county treasury for benefit of person entitled thereto.
22-42 July 13 CORONER’S INQUEST. Body of person killed on railroad right of way should be removed and some representative of railroad left with remains until coroner arrives.
23-42 Jan 5 STATE BARBER BOARD. Rules and regulations requiring barber lather brushes to be replaced with mechanical appliances in cities over 20,000 are reasonable if a necessity exists to safeguard public health.
24-42 Feb 12 BOARD OF PHARMACY. The Governor and Attorney-General, when reviewing decision of Board, must affirm or overrule in toto, cannot modify.
24-42 Feb 19 GOVERNOR.
DEFICIENCY APPROPRIATION.
Agreement of the Governor to sign a deficiency appropriation violates certain provisions of the Constitution and Statutes.
24-42 Mar 9 BOARD OF ELECTION COMMISSIONERS. When term of office expires.
24-42 Mar 28 GRAND JURY. Notes taken before grand jury cannot be furnished to Attorney General of the United States or anyone other than the prosecuting officer of the county.
24-42 Apr 20 DEFENSE AREAS.
CONSTITUTIONALITY OF ACT.
Act providing for formation of defense areas and setting up therein public service districts is constitutional.
24-42 May 11 ATTORNEY-GENERAL. The Attorney-General is to furnish legal assistance to the prosecuting attorney and circuit attorneys in preliminary examinations in criminal cases when so ordered and directed by the Governor.
24-42 May 20 MOTOR VEHICLES. Section 8483(c) R. S. Mo. 1939, authorizing the issuance of overweight permits, was not repealed by implication in the enactment of Section 8406, R. S. Mo. 1939.
24-42 May 29 MOTOR VEHICLES. The Motor Vehicle Commissioner and the State Highway Commission have authority to issue oversize and overweight permits, but said permits are special and may only be issued to each vehicle.
24-42 June 2 MOTOR VEHICLES. Size and kind of plates to be used for 1943 in view of the Orders of the War Production Board.
24-42 June 8 Hon. Forrest C. Donnell WITHDRAWN
24-42 June 9 MOTOR VEHICLES. Federal war regulations suspend State Weight Laws where conflicting.
24-42 June 19 STATE BUILDING COMMISSION. May appropriate money from funds on hand to investigate physical defects in buildings and to estimate cost of repairs, but cannot expend funds to determine personal responsibility for defects.
24-42 July 9 GOVERNOR. Writs directing election to fill vacancies in the House of Representative caused by resignation of a Representative from St. Louis City, Missouri, should be directed to the Board of Election Commissioners of the City of St. Louis, Missouri.
24-42 July 10 ELECTIONS. In re terms of senators elected to fill vacancies caused by resignation of State Senators.
24-42 July 17 NAVAL MILITIA. Interpretation of Section 15093, R. S. Mo. 1939. Method of electing commander, or captain commanding naval militia.
24-42 Aug 7 Hon. Forrest C. Donnell WITHDRAWN
24-42 Aug 13 OFFICERS. Common Law powers of statutory officers.
24-42 Aug 14 TAXATION.
GOVERNMENT INSTRUMENTALITIES.
Buildings, structures, furniture and equipment at Weldon Spring Ordnance Works are exempt from taxation.
24-42 Aug 18 INSURANCE.
ARROW ROCK TAVERN.
Construing an act of the General Assembly and appearing at page 107, Laws of Missouri, 1923, pertaining to Arrow Rock Tavern.
24-42 Sept 11 GOVERNOR.
APPROPRIATIONS.
LEGISLATURE.
Neither regular general assembly or specially called general assembly can pass deficiency appropriation.
24-42 Sept 15 FEDERAL SOLDIERS’ HOME AT ST. JAMES, MISSOURI. It is not necessary for a soldier or sailor to have actually served in a war to be entitled to admission to the Federal Soldiers’ Home at St. James, Missouri.
24-42 Sept 21 CANNONS. State of Missouri has title to German cannons on Capitol grounds captured in first World War.
24-42 Oct 12 TAXATION.
DATE TAX LIEN BECOMES EFFECTIVE.
Lien for taxes is created on assessment date. Such lien is not extinguished by passing title to tax exempt body.
24-42 Oct 17 ELECTIONS.
SPECIAL, FOR STATE REPRESENTATIVES AND SENATOR.
Governor can set election dates in election writs and cannot amend or supplement them. If sheriffs change dates set, an irregularity is created, but House of Representatives and Senate respectively may affirm results of elections.
24-42 Oct 31 APPROPRIATIONS.
STATE BUILDING COMMISSION.
Appropriations may be made to this Commission.
24-42 Nov 10 GOVERNOR.
OFFICERS.
RECESS APPOINTMENTS.
The governor must submit recess appointments for confirmation to the senate of the 61st General Assembly in special session.
24-42 Nov 18 PROBATE JUDGE. Governor should issue commission to person elected to fill unexpired term.
24-42 Dec 14 APPROPRIATIONS.
EXTRADITION OF FUGITIVES.
Governor’s appropriation to enforce the laws may be used to pay expense of extraditing criminals.
24-42 Dec 15 APPROPRIATIONS.
GRAIN AND WAREHOUSE DEPARTMENT.
EXECUTIVE DEPARTMENT.
Funds appropriated in 1941 to the Executive Department may not be used to pay operating expenses of Grain and Warehouse Department.
24-42 Dec 19 APPROPRIATION.
GOVERNOR.
JUDICIAL COMMISSION.
Governor cannot use funds appropriated in H. B. 571 Laws of Mo. 1941, page 125 D. Operation, for payment of Judicial Commission’s expenses.
24-42 Dec 19 COUNTY ASSESSOR. Induction into the army under Selective Service Act does not create a vacancy.
24-42 Dec 23 SCHOOLS.
APPROPRIATIONS.
Free public school fund cannot be appropriated to pay the cost of paying tax bills.
25-42 Jan 14 SCHOOLS. County court cannot invest school funds in United States securities.
25-42 Feb 19 AGRICULTURE.
DAIRY REGULATIONS.
Dairy regulations promulgated by Commissioner of Agriculture.
25-42 June 25 ELECTIONS. In re residence of persons employed in service – civil or military.
26-42 Jan 16 DEPARTMENT OF AGRICULTURE.
STATE VETERINARIAN APPROPRIATIONS.
The State Veterinarian may expend available funds out of the appropriation to his department for the purpose of enforcing the provisions of the law relating to the disposal of diseased animals and carcasses of same.
26-42 Apr 18 NOTICE OF ADMINISTRATOR OF FINAL SETTLEMENT IN PROBATE COURT. In a county of under 600,000 population a notice of final settlement published in a weekly newspaper for four consecutive weeks prior to time of making final settlement is sufficient.
26-42 June 17 ELECTIONS.
ABSENTEE BALLOTS, APPLICATION FOR.
Officers authorized to administer affidavit for absentee ballot.
26-42 June 24 PENAL INSTITUTIONS.
PAROLES.
Period provided by 3/4ths law runs only while convict in prison. Where power reserved parole may be revoked for any reason deemed sufficient by Governor. Where convict deprived of 3/4ths benefits, and paroled, his parole may be revoked, and convict required to serve full terms.
26-42 July 8 PARDONS AND PAROLES. Parole violated during its term, may be revoked after end of such term, regardless when sentence would have expired.
27-42 June 2 BINDWEED. Section 14264 Laws of Missouri 1941 survey is so indefinite that it is unenforceable.
27-42 June 2 CRIMINAL COSTS. On plea of guilty to a felony and parole after sentence State is liable for costs.
28-42 Jan 21 OFFICERS. Trustee of county hospital subject to ouster, criminal prosecution, and civil suit for illegal purchase of supplies.
28-42 Feb 9 COUNTIES. May purchase road machinery out of any surplus in Class 5.
28-42 Apr 29 PURCHASING AGENT. Purchasing Agent is not permitted under the statutes to take out insurance policies on any of the State institutions.
28-42 Apr 29 STATE PURCHASING AGENT. Station wagon is a passenger car and cost cannot exceed $900.00.
28-42 June 18 COMMISSIONER OF PUBLIC PRINTING. Not required to furnish blank paper to any departments.
28-42 Aug 17 STATE PURCHASING AGENT. Permitted to purchase coal other than that mined in Missouri for use by State Social Security Commission.
28-42 Aug 31 PURCHASING AGENT. Purchasing agent may enter into contract, the terms of which are carried into the next biennium.
28-42 Oct 1 COUNTY COURTS. Whenever two judges of a County Court concur in the payment of a claim against the County, it is the duty of the Presiding Judge of said Court to sign the warrant for the payment of said claim.
29-42 Jan 24 CRIMINAL LAW. Postdated check on bank in which there is no account; cannot be prosecuted under Section 4694, R. S. 1939, without other misrepresentations.
29-42 Feb 24 MISSOURI REAL ESTATE COMMISSION. Trustee buying property to protect taxes is not required to have license from Commission.
31-42 Jan 2 Hon. J. Arthur Francis WITHDRAWN
31-42 Apr 3 SCHOOLS. Vacancy occurring in a town or city school board should be filled at the next annual school election, regardless of when the vacancy occurs.
31-42 July 11 COUNTY OFFICERS.
DEPUTY ASSESSOR.
ROAD OVERSEER.
Deputy assessor may also hold the position of road overseer.
31-42 Aug 17 OFFICERS.
COUNTY CLERKS.
Deputy County Clerk may attest county warrants.
31-42 Nov 17 COUNTY TREASURER.
OFFICERS.
BONDS.
County court can refuse to accept a surety bond from a county treasurer.
31-42 Dec 29 CIRCUIT CLERK.
RECORDERS OF DEEDS.
Deputies for circuit clerks, who are ex officio recorders of deeds should be approved by judge or judges of the circuit court.
32-42 Apr 9 Hon. J. R. Garrison WITHDRAWN
32-42 Apr 23 SCHOOLS. School board cannot use surplus to purchase defense bonds.
32-42 Dec 30 MUNICIPAL CORPORATIONS.
MARSHAL.
VACANCY.
Marshal of City of the third class does not forfeit office by being drafted into the Army.
32-42 Dec 31 TAXATION.
MERCHANTS TAX.
Co-operative stores are subject to taxation as merchants.
33-42 Jan 3 MOTOR VEHICLES. Rules governing right of way, election of stop signs and failure to observe same and speed permitted on highways of the State.
33-42 Mar 17 OFFICERS.
VACANCY.
Conviction in Federal Court does not create vacancy. Service can be had on officer at usual place of abode.
33-42 June 20 ANIMALS.
CRIMES.
An attempt to administer a lethal dose of poison to a dog is a misdemeanor.
33-42 July 10 BOARD OF EQUALIZATION. Deputy Surveyor in Jackson County is not entitled to sit as a member of the Board of Equalization in absence of surveyor and is not entitled to per diem compensation.
33-42 Dec 30 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Association hauling for hire furniture of its members subject to Public Service Act.
34-42 Jan 29 TOWNSHIP WARRANTS. Township warrants cannot be used to pay township taxes, even if for the same year.
34-42 June 2 CRIMINAL PROCEDURE. Approved form of information on Section 4694 R. S. Missouri, 1939, in reference to “no funds” check.
34-42 July 9 HIGHWAYS. (1) State or County does not hold fee simple title to lands conveyed for highway purposes. (2) Abandoned highways revert to abutting landowners.
34-42 Sept 10 RECORDERS OF DEEDS. It is discretionary with recorder whether deputy shall perform his duties in office of recorder to the exclusion of some other designated place in county.
34-42 Oct 21 CORONERS.
INQUESTS.
Powers and duties of coroners and other officers in relation to inquests.
34-42 Dec 30 NEWSPAPERS.
PUBLICATIONS.
Weekly publications of legals should be published on the same day of each week during the period of publication.
35-42 Jan 5 Dead animal disposal.
35-42 Jan 16 ROADS AND BRIDGES.
TOWNSHIP ORGANIZATION.
TAXATION.
SPECIAL ROAD DISTRICTS.           
Properties in special road districts in counties under township organization are liable for taxes assessed and levied to pay such bonds, provided such special road districts did not have bond obligations at the time the Township bond obligation is incurred.
35-42 Jan 22 CORPORATIONS.
FOREIGN INSURANCE.
Upon statutory conformance, a foreign insurance company becomes an inhabitant of the state of Missouri and may invoke the use of Sec. 8488 R. S. Mo., ’39.
35-42 Feb 5 COUNTY SURVEYOR. Should budget his compensation and expenses as ex-officio county highway engineer under Class 4 – to be paid out of the general revenue.
35-42 May 1 MOTOR VEHICLES.
OPERATORS.
LICENSING.
(1) Nonresident operator must secure registered operator’s license when operating car belonging to some other person in the course of or incidental to his employment, but does not have to secure driver’s license. (2) Nonresident who merely operates motor vehicle and who possesses driver’s license in home state does not have to secure driver’s license to operate in Missouri.
35-42 Aug 12 SOLDIERS’ BONUS ACT. Interpretation of Sec. 9012c, of Chapter 51, Article 9, Missouri Statutes Annotated, page 6313.
35-42 Sept 18 TAXATION AND REVENUE. Collector must advertise and sell realty for all unpaid delinquent taxes due thereon for all years prior and subsequent to the years for which a certificate of sale was issued and which are not barred by the statute of limitations.
35-42 Nov 6 ESCHEAT FUND. Appropriation bill not necessary to allow moneys in hands of State Treasurer, to the credit of “escheat fund”, to be withdrawn for the purpose of investment.
35-42 Dec 8 NEPOTISM. Great nephew is within fourth degree.
37-42 Feb 10 TAXATION.
COLLECTING MERCHANTS AND MANUFACTURING TAX.
Collector must bring suit on merchants and manufacturing bond before he can obtain credit for tax.
37-42 Feb 13 COUNTY COURTS. County court does not have authority to expend money out of Class 6 for road and bridges in a special road district.
37-42 Feb 20 PROBATE JUDGE.
FEES.
May charge 10¢ for each one hundred words or figures in furnishing copies of order granting letters or refusing to grant letters, and 50¢ for certificate and seal.
37-42 Mar 18 BANKS AND BANKING.
LOANS.
Interpretation of term “actual market value” in Subsection (c), Paragraph 4, Section 7952, R. S. Mo. 1939, as amended by Laws of Missouri, 1941, page 679.
37-42 Mar 24 BANKS & BANKING.
LOANS.
TRUST COMPANIES.
Whiskey is a manufactured or processed derivative of agricultural products within meaning of paragraph (4), subsection (c), Section 8032, Laws of Mo. 1941.
37-42 Apr 17 SMALL LOAN LAW.
BANKS AND BANKING.
Small Loan Companies domiciled in another state may not have appraisers or agents in this state to solicit small loans in this state without a license.
37-42 May 9 BANKS AND BANKING.
MUNICIPAL CORPORATIONS.
BONDS.
Savings banks may not invest in municipal bonds when the bonded debt of the city exceeds 5%, under Sec. 8102, 1939.
37-42 May 21 COUNTY COURTS. Mortgage for county sinking funds must convey title in fee simple.
37-42 May 27 BANKS AND BANKING. Banks must retain original deposit tickets and ledger sheets, and photographs of same are not sufficient under Sec. 7987, R. S. Mo. 1939.
37-42 July 6 PENAL INSTITUTIONS. Costs of discharge and transportation of parolees to place of conviction.
37-42 Sept 30 Hon. Leo J. Harned WITHDRAWN
37-42 Oct 16 ROADS AND BRIDGES. Road overseers in counties under township organization operate under the provisions of Sections 8819 and 8820 Revised Statutes of Missouri, 1939, and not under the provisions of Section 8525 thereof.
37-42 Oct 26 SCHOOLS. Approval of substitute bus driver is within provisions of anti-nepotism law; clerk of common school district cannot be removed without cause and without a hearing.
37-42 Nov 19 ELECTIONS. Votes shown by tally sheets should be counted rather than those shown by certificates of judges and clerks, where there is a discrepancy, but when canvassers have once tabulated the votes and said tabulation has been certified in to proper authorities, canvassers cannot retabulate the votes, nor can the county clerk certify either an amended or new abstract of votes.
37-42 Nov 30 SCHOOL FUND MORTGAGE. Personal taxes of mortgagor cannot be deducted from surplus proceeds of foreclosure sale.
38-42 Jan 15 CONSERVATION COMMISSION.
STATUTORY CONSTRUCTION.
Construction of regulation #37 – (k) pertaining to resident State Wholesale Dealer’s Permit.
38-42 Feb 20 CANCER COMMISSION. Has no authority to convey right-of-way for street.
38-42 Mar 2 COUNTY AND SPECIAL ROAD DISTRICTS. Who shall pay special road districts’ part of publishing county financial statement.
38-42 Mar 3 CANCER HOSPITAL.
STATE CANCER COMMISSION.
Cancer Commission is not liable for damages in tort nor can it pay for damages occasioned by the negligence of one of its employees.
38-42 Apr 4 BURIAL ASSOCIATION. Mayes Burial Association Plan is a plan for insurance business and not a non-profit benevolent society.
38-42 Apr 21 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Under Section 5728, R. S. Missouri 1939, the annual license issued by the Commission must be attached to said motor vehicle.
38-42 Apr 30 STATE CANCER HOSPITAL. Inmate in other State Institution becoming infected with cancer, must be returned to county of his legal residence in order that county court may comply with Section 15149 R. S. Missouri, 1939.
38-42 Oct 13 SCHOOLS.
SCHOOL LOANS.
Duties of county courts in arriving at valuation of lands upon which a school loan is made.
38-42 Oct 16 OPTOMETRIST.
FEES.
Members in armed forces of the United States government are not required to pay renewal fees.
38-42 Nov 24 COUNTY COURT AND COUNTY DEPOSITARIES. County funds can only be placed in a legally designated and qualified county depositary.
39-42 June 12 INTOXICATING LIQUORS. Army Post Exchanges and C.C.C. camps’ canteens not liable for “gallonage” on intoxicating liquors and non-intoxicating beer, as it is collectible from manufacturer or first vendor.
39-42 June 25 TAXATION. Merchant’s and manufacturer’s tax against frozen goods.
39-42 Dec 23 INTOXICATING LIQUOR. Licensee may employ agent to conduct his business.
40-42 Feb 4 Hon. Wilson D. Hill WITHDRAWN
40-42 Feb 17 ELECTIONS.
BOARD OF ELECTION COMMISSIONERS.
Certificates of nomination filed with Board of Election Commissioners.
40-42 Feb 27 LOTTERIES. The sales plan for defense stamps and bonds is a lottery.
40-42 Apr 16 TAXATION.
COUNTY CLERK.
Duties of county clerk in relation to equalization of assessment by county Board of Equalization, State Board of Equalization and State Tax Commission.
40-42 Oct 7 ROADS AND BRIDGES. (1) Commissioner cannot appoint his brother to work as laborer on the roads; (2) it is against public policy to sell supplies to his (Commissioner’s) road district; and (3) city attorney of city in special road district may charge for legal services rendered special road district.
41-42 Jan 16 COUNTY TREASURER.
VACANCY.
Person filling vacancy in office of County Treasurer is not entitled to receive increase in compensation during the term of office.
41-42 Jan 20 Hon. Walter C. Hotaling WITHDRAWN
41-42 Feb 3 MISSOURI REAL ESTATE COMMISSION. Several questions on the granting of a license.
41-42 Feb 17 TAXATION.
TRUSTEES SALE DISTRIBUTION OF PROCEEDS OF SALE.
Trustee appointed under the provision of Sec. 11131 R. S. Mo., 1939, may sell such lands with approval of county court. Purchase price, after payment of costs therefrom is apportioned by the county court as per the collector’s deed and turned over to collector for distribution.
41-42 Feb 25 MISSOURI REAL ESTATE COMMISSION. Four questions on application, suspension and revocation.
41-42 Feb 26 COUNTY ROADS AND BRIDGES MACHINERY. County Court is not authorized to purchase road machinery to be leased to townships or special road districts, or other municipal subdivisions.
41-42 Mar 6 MISSOURI REAL ESTATE COMMISSION. Two corporations must obtain two licenses, but salesmen should only obtain one license.
41-42 Mar 6 MISSOURI REAL ESTATE COMMISSION. Owners dealing in their own real estate not required to have license.
41-42 Mar 19 MISSOURI REAL ESTATE COMMISSION. Alien may obtain license.
41-42 Apr 15 MISSOURI REAL ESTATE COMMISSION. Question of division of commissions.
41-42 Apr 15 MISSOURI REAL ESTATE COMMISSION ACT. 1. Salesman’s license cost cannot be transferred to broker’s license. 2. Commission is bound by decision of court.
41-42 Apr 16 MISSOURI REAL ESTATE COMMISSION. Seven questions.
41-42 Apr 23 TAXATION AND REVENUE.
SOLDIERS AND SAILORS DELINQUENT TAXES.
Penalty and interest on delinquent taxes of persons in Military Services.
41-42 May 15 MISSOURI REAL ESTATE COMMISSION. Agent who violates the Act may have his license revoked.
41-42 June 1 MISSOURI REAL ESTATE COMMISSION. Missouri Real Estate Commission Act is not – and cannot be – retrospective to contracts entered into before January 1, 1942, as to real estate commissions.
41-42 June 1 PRIMARY ELECTIONS. County clerk may accept the filing declarations of candidates to fill unexpired portion of term of county assessor volunteering for army services.
41-42 June 12 MISSOURI REAL ESTATE COMMISSION ACT. Broker violates the Act by concealing the fact that property is restricted and need not make the misrepresentation.
41-42 July 15 ELECTIONS. County court cannot appoint more than six judges in a precinct under any circumstances.
41-42 Sept 9 Mr. J. W. Hobbs WITHDRAWN
41-42 Oct 21 REAL ESTATE COMMISSION. Approved information and violation of the Act.
41-42 Oct 29 REAL ESTATE COMMISSION. Corporation loaning own funds is not required to obtain real estate license.
41-42 Nov 27 REAL ESTATE COMMISSION. Broker or agent may represent seller or buyer in the sale of restricted property, where the buyer is informed that the property is subject to certain restrictions.
42-42 Mar 3 ROADS AND BRIDGES.
TOWNSHIP ORGANIZATION.
Road district under township organization cannot repair roads in cities.
43-42 Feb 4 TAXATION.
SCHOOL LANDS.
The holder of a certificate of purchase of school lands is liable for taxes during the time of the ownership of such certificate.
43-42 Apr 2 PETIT JURORS.
COST.
When order to appear for adjourned term of court entitled to mileage from home to court and return.
43-42 May 2 CRIMINAL LAW. A plea of guilty is not a final conviction which requires the revocation of a driver’s license for driving while intoxicated.
44-42 Apr 3 PUBLIC BUILDINGS. May be used for meetings of general public interest when such use does not interfere with regular activities.
45-42 Jan 14 TAXATION. Tax deeds to trustee must be executed only on tract or tracts of land described in each publication.
45-42 Oct 27 SCHOOLS. Where districts combine temporarily for educational purposes, the teachers’ funds of such districts can be used to pay the salary of the teacher or teachers of such combination of districts.
46-42 Jan 2 ELEEMOSYNARY INSTITUTIONS. Buildings to house inmates must comply with statutory requirements as to fire escapes.
46-42 Jan 16 COUNTY BUDGET ACT. Warrants for pauper patients confined in state insane asylums by the court are to be paid from class one. Warrants for children confined in the State Home at Marshall and Carrollton are to be paid out of funds in class five.
46-42 Feb 4 ELEEMOSYNARY INSTITUTIONS.
INSANE PERSONS.
Pay patient committed by probate court must post bond.
46-42 Feb 13 BLIND PENSIONS. Blind pension shall terminate on the date Commission makes finding that such person is not qualified.
46-42 Feb 13 ELEEMOSYNARY INSTITUTIONS.
INSANE.
Superintendent of State hospital should not admit person when order of commitment does not find that the patient is insane.
46-42 Feb 24 ELEEMOSYNARY INSTITUTIONS. Lease for five years is void.
46-42 Mar 11 BLIND COMMISSION. May require applicant to submit to operation or treatment.
46-42 Mar 30 ELEEMOSYNARY INSTITUTIONS.
PATIENTS.
ACCOUNTS.
Board of Managers may “write off” uncollectible accounts, but so doing does not relieve responsible persons from payment.
46-42 Apr 8 ELEEMOSYNARY INSTITUTIONS. Providing room and board for employee is within the discretion of superintendent. Employee if not allowed board should be charged for same.
46-42 Apr 16 Mr. Ira A. Jones WITHDRAWN
46-42 Apr 24 BLIND PENSION LAW. Defining the word “Maintain.”
46-42 Apr 27 ELEEMOSYNARY INSTITUTIONS. Superintendent cannot return patients to county because of inadequacy of appropriation.
46-42 Apr 28 COUNTY BUDGET LAW. County court in counties not under township organization can purchase road machinery and pay for construction and maintenance of roads out of Class 6 under certain conditions.
46-42 May 26 BLIND PENSIONS. Eligibility for pension determined as of date of hearing.
46-42 June 9 BLIND PENSIONS. Money received by applicant in settlement of fire insurance, life insurance or Workmen’s Compensation claims should be considered as property instead of income.
46-42 June 9 BLIND PENSIONS. Combined income of blind applicant and sighted spouse in excess of $600.00 does not destroy eligibility of applicant where neither has income in excess of $600.00 per annum.
46-42 June 24 ADMINISTRATION. Creditor of deceased person may make application for refusal of letters of administration when the amount of deceased’s estate does not exceed $100.00.
46-42 July 8 BLIND PENSIONERS. Applicant not living with spouse who has income in excess of six hundred ($600.00) dollars is entitled to pension.
46-42 July 31 TRUST AND TRUSTEES.
STATE SCHOOL NO. 2 AT CARROLLTON, MO.
The income from the Elias and Amelia C. Perry Memorial fund should be paid to the Board of Managers of the State Eleemosynary Institution.
46-42 Aug 21 BLIND PENSIONS. Income should be computed for twelve successive calendar months, not for calendar year.
46-42 Aug 25 ELEEMOSYNARY INSTITUTIONS. Missouri not responsible for care of patients paroled from institutions in other states to persons in this state.
46-42 Sept 17 OFFICERS.
JUSTICE OF THE PEACE.
Acts performed before taking oath of office are acts of a de facto officer and valid as to third parties.
46-42 Sept 23 Hon. Ira A. Jones WITHDRAWN
46-42 Oct 20 TAX EXEMPTION. Personal property of charitable organizations is not exempt from taxation.
46-42 Nov 12 COUNTY COURT.
OFFICERS.
County Court may appoint county treasurer or county collector to prepare financial statement.
47-42 Feb 4 TAXATION.
BUILDINGS ON LEASED REAL ESTATE.
Buildings and improvements on leased lands should be taxed as real estate.
47-42 Dec 10 TAXATION.
MERCHANTS.
Only goods, wares and merchandise of stock in trade should be included in the merchant’s tax assessment return.
48-42 Jan 19 CRIMINAL PROCEDURE. Preliminary for grand jury indictment must be had under Section 3774, R. S. Missouri 1939.
48-42 Jan 23 WEAPONS - CONCEALED - EXPOSED. Unlawful for guards of U. S. property to carry concealed firearms in Missouri; may carry firearms in plain view peaceably and soberly, without license. License required for purchase.
48-42 May 16 MUNICIPAL CORPORATIONS AND TAXATION. City cannot increase limitation of tax levy for band purposes by vote of majority of two-thirds voting on the proposition.
48-42 June 5 CRIMINAL LAW. Civil usury over eight per cent per annum; Criminal usury over two per cent per month.
48-42 Sept 1 SALES TAXES. Operator of community sales must disclose his principal and, in his sale statement, show that the commodities so sold are exempt from sales taxes.
49-42 Jan 20 SCHOOLS. A six-day school week for the purpose of accelerating the termination of a school term, is within the discretion of the school board.
49-42 Jan 21 SCHOOLS. State Board of Education retains custody of United States Savings Bonds purchased out of State School Funds.
49-42 Mar 6 SCHOOLS.
STATE BOARD OF EDUCATION.
BOND.
Bond given by the State Superintendent of Schools does not cover custodian of securities held by the President of the State Board of Education.
49-42 Mar 13 SCHOOLS. School district transporting non-resident high school pupils may be paid the cost in excess of three dollars by the “sending” school district.
49-42 Mar 24 SCHOOLS. State Superintendent has power to prescribe form for reports called for by Section 10501, R.S. Mo. 1939, as amended, Laws of 1941, p. 536; form submitted with request held to be sufficient.
49-42 May 19 HEALTH, BOARD OF. Clerk of City Board of Health is to remain as the local State Registrar in the City of St. Joseph, Missouri, a city of the first class unless removed by failure or neglect of duty.
49-42 June 24 TWO QUESTIONS IN REGARD TO VOCATIONAL EDUCATION. State Board of Education is not authorized to receive funds from R. E. A. cooperatives for such training program.
49-42 July 22 SCHOOLS. Under Section 10501, R. S. Mo. 1939, as amended Laws of Mo. 1941, “copy” of treasurer’s statement does not mean “certified copy” or “proof of publication.”
49-42 Dec 30 VOCATIONAL EDUCATION.
SUPERINTENDENT OF SCHOOLS, COMPENSATION.
Board of Education may employ State Superintendent of Schools as State director and compensate him for such services if same are not a part of his duties as Superintendent and executive officer of Board of Education. Payment for extra services or additional duties does not violate constitutional provision against increasing salary of officer during term.
51-42 Apr 11 SCHOOLS.
TAXATION.
TOWNSHIP TRUSTEES.
School moneys in counties under township organization should be turned over to township trustees.
51-42 May 18 SCHOOLS.
TAXATION.
TOWNSHIP TRUSTEES.
School moneys in counties under township organization should be turned over to township trustees except cities, towns and consolidated school district’s moneys.
51-42 June 13 SCHOOLS. Special election can be held under Section 10358 to increase tax levy after the annual election has been held.
51-42 July 15 NEPOTISM. A school director may vote to employ his son-in-law’s niece, being of no kin either by affinity or consanguinity.
51-42 Aug 27 STATE BOARD OF NURSE EXAMINERS. Permits to practice nursing as provided by Section 10033, R. S. Mo., 1939, cannot be issued to any applicant under the age of 21 years.
52-42 Aug 11 TAXATION.
ASSESSMENT OF PROPERTY.
A person owning or holding property in Missouri on the first day of June, is liable for taxes thereon, regardless of the fact that he has been assessed in another state for taxes on such property.
56-42 Mar 31 SCHOOLS. Registration day should be included as a school day in report of district clerk.
56-42 Nov 5 INSANE PERSONS.
ELEEMOSYNARY INSTITUTIONS.
Counties are liable for support of indigent insane soldiers who are residents of such counties, even though such insanity developed after induction into the United States Army.
57-42 Jan 2 CRIMINAL LAW.
PRELIMINARY EXAMINATION.
A minor over the age of 17 years has the right to personally waive preliminary examination where he is charged with a felony.
57-42 Feb 4 PARDONS AND PAROLES. Judges of circuit and criminal courts may place on probation defendant under certain circumstances.
57-42 Feb 20 MINERALS.
STATE PARKS.
DEED.
Interpretation of a mineral reservation ina deed conveying land to the State of Missouri. Type of mining permissible.
57-42 Mar 3 CONSERVATION COMMISSION.
FEES.
Construing Section 8943 and Regulation #17. Fees for Conservation Agent making arrest.
57-42 Mar 17 SCHOOL FUND MORTGAGES. Who shall execute deed upon foreclosure, and kind of deed to be executed.
57-42 Apr 14 OFFICERS.
REMOVAL.
TRUSTEES.
Trustee under Jones-Munger Act may be removed at the pleasure of County Court.
57-42 May 14 CRIMINAL PROCEDURE. Defendant in preliminary examination is entitled to have process for witnesses outside county where examination is held.
57-42 May 14 CRIMINAL LAW.
COSTS.
State or county not liable for costs until sentence has been pronounced.
57-42 May 28 CRIMINAL LAW. Ward under guardianship by reason of unsound mind can be prosecuted criminally.
57-42 June 22 PENAL INSTITUTIONS. Permission for autopsy in State Penitentiary must be received from Secretary of the Missouri State Anatomical Board.
57-42 Oct 12 CRIMINAL LAW. Prosecuting Attorney may introduce evidence, even when defendant waives preliminary.
57-42 Oct 15 COUNTY COURTS.
PAUPERS.
May apply reasonable annual rental of road machinery on purchase price of said machinery. Inmates of county alms houses who are able to support self should not remain there under certain conditions. County court may grant relief to persons without regard to residence.
57-42 Nov 25 CRIMINAL PROCEDURE.
DEPOSITIONS.
Depositions can only be taken after a criminal proceeding has been filed.
58-42 Mar 25 EXECUTORS OF WILLS.
TRUSTEES OF ESTATES.
CIRCUIT COURT JUDGES.
Judge of Circuit Court may act as executor of will and trustee of estate.
59-42 Jan 23 NEPOTISM. One is guilty of violation of nepotism section even when appointee receives no compensation.
60-42 Mar 16 COUNTY BUDGET LAW. County Court cannot purchase supplies for Probate office unless there is a surplus in class five or six.
60-42 July 20 ELECTIONS. Candidate’s receipt alone is not sufficient for placing name on the ballot.
60-42 Dec 18 CONSERVATION COMMISSION.
FISH AND GAME.
Right of Conservation Agents to inspect persons and motor vehicles on the highways.
60-42 Dec 21 OFFICERS. County judge cannot be employed as deputy county assessor.
61-42 Feb 16 MOTOR VEHICLE FUEL TAX.
GASOLINE TAX.
Use tax under H. B. 516, Laws 1941, p. 418, applies to interstate commerce.
61-42 Mar 17 MOTOR VEHICLE FUEL.
GASOLINE TAX.
Authority granted the Oil Inspector to waive penalties on the use tax imposed on diesel, butane and propane does not authorize him to waive a penalty on the excise tax imposed upon the sale of gasoline.
61-42 Mar 17 MOTOR VEHICLE FUEL.
GASOLINE TAX.
Persons selling gasoline to cost plus a fixed fee contractor constructing National Defense Projects is exempt from using said gasoline to measure his tax. Person who is a cost plus a fixed fee contractor constructing National Defense Projects is exempt from tax imposed upon diesel, butane and propane.
61-42 Mar 24 MOTOR VEHICLE FUELS.
GASOLINE TAXES.
Payment to be made on or before the 25th day of the month, mailing payment on last day is not sufficient.
61-42 Mar 24 MOTOR VEHICLE FUELS. Money appropriated to pay refund claim on motor vehicle fuels may be used to pay refunds of taxes paid on diesel, propane and butane.
61-42 May 1 MOTOR VEHICLES.
GASOLINE TAX.
Inspector not liable on bond unless loss results and is neglect and proximate cause; Inspector’s function of revoking license is discretionary.
61-42 May 28 OIL INSPECTION.
DIESEL FUEL.
Railroads and municipalities who use such must have same inspected and pay fees thereon.
61-42 Dec 29 MOTOR VEHICLE FUEL TAX. Three questions relative to time within which payment of tax can be made; whether delivery to P.O. box is sufficient.
62-42 Jan 10 TAXATION. Section 11329, R. S. Mo. 1939, applies only to merchants commencing business after the first Monday in June and not to a person who is in business between the first Monday in March and the first Monday in June next preceding.
62-42 Feb 7 BURIAL ASSOCIATION. Former officers of defunct burial association cannot exceed the powers conferred by judgment of ouster.
62-42 Mar 2 REPRESENTATIVE QUALIFYING FOR OFFICE. Deputy sheriff must resign his office upon qualifying as State Representative.
62-42 Mar 17 STATE FAIR GROUNDS.
COMMISSIONER OF AGRICULTURE.
The State will not lose its title to State Fair Grounds by reason of Federal Government condemning the use thereof for military camp.
62-42 May 6 TAXATION.
REVENUE.
TANGIBLE PERSONAL PROPERTY.
SITUS.
In regard to taxation of tangible personal property including deposits, money, notes, etc.
62-42 May 20 COUNTY ASSESSORS. Expenses incurred by the various county assessors while attending “group meetings” called by State Tax Commission under Sec. 11027, Laws 1941, shall be paid by the counties from which counties the assessors have attended such meetings.
62-42 May 25 TAXATION. In assessing franchises of public utilities under Section 11240 R. S. Missouri, 1939, the value of such is to be listed under heading of “all other property.”
62-42 July 24 Mr. Noble Mitchell WITHDRAWN
62-42 Aug 8 Mr. Jesse A. Mitchell WITHDRAWN
62-42 Sept 9 Hon. H. Mitchell WITHDRAWN
62-42 Oct 27 TAXATION. Jurisdiction of Tax Commission to entertain complaint on assessments is not dependent on County Board of Equalization having been appealed to.
63-42 Sept 16 OFFICERS.
PROSECUTING ATTORNEY.
SURVEYOR.
Prosecuting Attorney’s and Surveyor’s office incompatible and cannot both be held by same person at the same time.
63-42 Dec 11 TAXATION.
COLLECTOR.
COUNTY COURT.
County Courts are without jurisdiction to change or abate a personal tax after the same has been assessed, levied and extended.
63-42 Dec 19 SHERIFFS. Responsible for enforcing law in county.
64-42 Jan 16 TAXATION.
GOVERNMENT OWNED LANDS.
LEVY AND ASSESSMENT.
Lands which come into possession of the United States Government after assessment but before levy of taxes are not subject to taxes for the year for which such assessment is made.
64-42 Jan 19 TAXATION.
BRIDGES.
Illinois taxing authorities may tax that portion of Mississippi River Bridge which lies east of main channel of said river.
64-42 Mar 27 Hon. Mark Morris WITHDRAWN
64-42 Apr 1 COUNTY BUDGET LAW. The county court shall, in its discretion, pay for the supplies of the public administrator when they are listed by the public administrator in the estimated supply budget as provided by law.
64-42 Apr 3 Mr. H. N. Morgan WITHDRAWN
64-42 June 25 POWER OF GRAIN WAREHOUSE COMMISSIONER TO EMPLOY INSTRUCTOR. Grain Warehouse Commissioner may employ an outside State instructor for purpose of training men to measure grain in warehouses.
64-42 July 24 ROADS AND BRIDGES.
PUBLIC ROADS.
Petition is not adequate to confer jurisdiction on County Court for establishment of County Road.
64-42 Oct 28 PENITENTIARY. Minimum sentence two years in the penitentiary.
64-42 Dec 4 PROSECUTING ATTORNEY. It is not mandatory for county court to pay stated salary of a stenographer for the prosecuting attorney, but should reimburse prosecuting attorney for reasonable sums paid for such services incurred in the discharge of his duties.
64-42 Dec 21 PUBLIC PRINTING.
BALLOTS.
Charge for printing ballots is limited by law.
65-42 Jan 2 BRIDGE BONDS.
COUNTIES PAYING FOR.
County courts may not appropriate surplus taxes to pay bonds issued for payment of toll bridges or operation of such bridges.
65-42 Feb 16 CITIES OF THE THIRD CLASS.
VACANCIES IN COUNCIL.
Mode of filling vacancy in council of city of third class.
65-42 July 11 TOLL BRIDGES. All expenses of toll bridges are to be paid from money received from the tolls on such bridges.
65-42 July 13 CRIMINAL COSTS.
PAROLES.
Parole is not a part of the case in reference to payment of criminal costs.
65-42 Nov 30 COUNTY TREASURER. If treasurer appoints wife deputy or clerk he forfeits his office.
66-42 Nov 19 SCHOOLS. District of child’s residence is liable for tuition, under Sec. 10458, R. S. Mo. 1939, but “residence” is a question of fact.
67-42 Nov 10 JUSTICES OF THE PEACE. Beginning and ending of term.
67-42 Dec 11 SCHOOLS. Pupils residing on land owned by United States entitled to all school privileges.
67-42 Dec 14 COUNTY CLERK.
COUNTY COURT.
COUNTY BUDGET ACT.
County Clerk of Jackson County is the accounting officer to certify as such on claims against the county.
68-42 Feb 11 ASSESSORS.
TAXATION.
FEES.
Assessor should list all property, real or personal on the list of each taxpayer.
68-42 May 11 LOTTERIES. Distribution of chances by filling stations a lottery.
68-42 May 20 CHIROPODY. Shoes dealers are exempt from the provisions of Article 4 of Chapter 57, R. S. Mo. 1939.
68-42 Nov 17 ELECTIONS.
CORRUPT PRACTICE ACT.
Application of Corrupt Practice Act to candidate on Non-partisan Judicial Ballot.
68-42 Nov 18 SCHOOLS. When tuition and transportation fees of pupils of a closed district may be paid out of teachers’ fund.
69-42 Feb 23 COUNTY SUPERINTENDENT OF SCHOOLS. How paid for performing duties as Supervisor of Transportation.
69-42 June 13 PARK BOARD. Construction of Section 84 of House Bill 581 in regard to appropriations for State park purposes.
69-42 June 15 Mr. Eldon W. Palmer WITHDRAWN
69-42 Aug 1 CONSERVATION COMMISSION.
EMERGENCY REGULATION #1.
Emergency Regulation No. 1 is invalid.
70-42 Nov 25 TAXATION.
ASSESSMENT.
Notice of assessment by Assessor.
70-42 Dec 21 PROBATE COURTS.
JURISDICTION.
Probate Judge may not hold preliminaries and try misdemeanor cases.
72-42 Apr 23 DEPOSITORIES.
BANKS & BANKING.
National Banks may pledge their assets to secure the public funds of a city of the fourth class.
73-42 Feb 16 ROADS AND BRIDGES. Commissioner of Special Road District – while employed by District – cannot recover for loss of time and medical care.
73-42 Aug 21 ELECTIONS.
JUSTICES OF THE PEACE.
Error of county clerk does not prevent placing name of candidate on the ballot when he was the only candidate for that office.
73-42 Dec 8 CRIMINAL PROCEDURE. Prosecuting Attorney certifying cost bill that defendant is insolvent is not liable in any manner unless willfully and corruptly done.
74-42 July 16 MISSOURI REAL ESTATE COMMISSION. Restriction agreement filed after deed of trust does not apply to purchaser at trustee’s sale.
74-42 Sept 10 PENAL INSTITUTIONS. Time in jail on stay of execution is not serving penitentiary sentence.
74-42 Sept 17 PENITENTIARY REVOLVING FUND. Revolving fund may be used to purchase livestock for the farm industries of the Department of Penal Institutions.
74-42 Sept 21 SCHOOLS. Directors cannot allow school building to be used as a residence.
74-42 Dec 17 ROADS AND BRIDGES.
COUNTY HIGHWAY ENGINEER.
Highway engineer has no authority to appoint maintenance men for the county roads.
75-42 July 9 PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
Sentences to said School are concurrent, unless ordered by court to be consecutive, and absent applicable statutory provisions to contrary. Board of Probation etc. has power to issue and revoke paroles from said School.
75-42 July 10 PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL.
Sentence to said School runs consecutively to sentence to county jail. Inmates of school may be produced for trial, in response to writ of habeas corpus ad prosequendum.
75-42 Aug 27 PENAL INSTITUTIONS. Cannot detail inmates to pick apples outside of penal institutions.
75-42 Sept 21 Mr. W. B. Rissler WITHDRAWN
76-42 Mar 30 COUNTY FUNDS. Disposition of balances in County funds.
76-42 May 25 SHERIFFS.
CRIMINAL COSTS.
Sheriff cannot receive mileage or transportation costs of a paroled convict in transporting him to Army Induction Station.
76-42 Dec 11 TAXATION.
PART PAYMENT OF TAXES.
Any person owning an interest in lands may pay taxes on his proportionate interest.
77-42 Nov 27 FEED. Missouri State Feed Law does not apply to feed for game birds or fur bearing animals.
79-42 Feb 3 INSURANCE. Sec. 49, page 204, Laws of Missouri, 1941, does not cover costs and expenses of distributing impounded funds to policyholders.
79-42 Mar 30 INSURANCE. Medical payment plan included in liability policy does not make policy subject to approval of Superintendent and Attorney General.
79-42 Oct 23 INSURANCE. Plan for mutualization of St. Louis Mutual Life Insurance Company approved.
80-42 Sept 1 BOARD OF HEALTH. Two questions involving names of naturalized citizens.
80-42 Oct 23 SCHOOLS. Lincoln University’s School of Journalism may edit newspapers.
81-42 Feb 25 ADMINISTRATION.
PUBLIC ADMINISTRATORS.
Public Administrators must turn over all money, property and papers belonging to all estates in which final settlement cannot be made during first regular term of probate court after the expiration of one year after successor takes office.
81-42 July 6 TAXATION AND REVENUE. 1. Certificate holder failing to exercise his rights, under such certificate, within four years from the date of its issuance, loses all his rights thereunder, and the taxes, from which sale was made, must be eliminated from the tax indebtedness against the land. 2. Collector cannot change description of land which has been assessed and equalized for taxation.
81-42 Sept 17 CRIMINAL LAW. Bond of person in military service is subject to forfeiture.
82-42 Oct 7 ELECTIONS.
NOMINATIONS BY PETITION.
Statute providing for nominations by certificates is not repealed by act of 1941.
83-42 Jan 14 PROSECUTING ATTORNEY. Special Prosecuting Attorney appointed under Sections 12948 and 12949 R. S. Mo. 1939 is not entitled to salaries or fees.
83-42 Jan 16 COUNTY COURTS. May expend funds for National Defense.
83-42 Feb 6 FEES.
TAXATION.
Witnesses and jurors in criminal cases must furnish evidence of no indebtedness to state or county before paid by treasurer.
83-42 Feb 17 SCHOOLS. Sale under mortgage without suit, circuit court need not be in session.
83-42 Mar 4 COUNTY BUDGET ACT.
COUNTY COURT.
Cannot compile a second budget which has been reported to State Auditor.
83-42 Mar 26 CRIMINAL COSTS. Juvenile cases and seven questions relating thereto.
83-42 Apr 10 SPECIAL ROAD DISTRICT. Number of commissioners and method of their selection in “eight mile” road district.
83-42 Apr 10 CRIMINAL COSTS. Seven questions on fees allowed non-resident witnesses and to sheriffs.
83-42 May 4 BUREAU OF MINES AND MINING. Person mining shale which is manufactured into brick before sale is liable for mining inspection fee.
83-42 June 12 STATE MINE INSPECTOR. May obtain surveys of all mines in the State.
83-42 Aug 27 BONDS. The ten year statute of limitation is applicable to drainage district bonds.
83-42 Sept 23 CRIMINAL COSTS.
PROSECUTING ATTORNEY.
Prosecuting Attorney not allowed fee where punishment was not assessed in the penitentiary, county jail or by fine.
83-42 Oct 20 TAXATION.
ASSESSORS.
COMPENSATION.
Compensation allowed assessors. Maximum amount of fees which he may retain.
83-42 Nov 13 JUDICIAL COMMISSION. Appropriation by the Legislature necessary for the payment of the expenses of the judicial commissions.
83-42 Dec 30 FUND COMMISSION.
BONDS.
Type of application required and powers and duties of Board of Fund Commissioners in replacing or paying lost bond or coupons of the State.
84-42 Apr 22 TAXATION.
SPECIAL ROAD DISTRICTS.
Commissioners of special road districts not authorized to levy a tax.
85-42 Jan 6 STATE BOARD OF HEALTH. There is no legal duty for the State Board of Health to make tests of medico-legal nature. There is not statute prohibiting the same to be made by the State Board of Health when the requisite cost is paid by the official or county requesting the same.
85-42 Jan 16 BOARD OF HEALTH. May select same employees to administer merit system that may already be employed to administer some other merit system, but may not maintain joint records, etc.; may not enter into joint merit system even though upon request of Children’s Bureau.
85-42 Jan 21 STATE.
INSURANCE.
State Board of Health may insure money against hazard of theft and robbery.
85-42 Jan 23 BOARD OF HEALTH.
VITAL STATISTICS.
May not use fees for birth certificate to pay additional help, but must pay into treasury.
85-42 Jan 26 Dr. James Stewart WITHDRAWN
85-42 Feb 4 BOARD OF HEALTH.
TOURIST CAMPS AND RESORTS.
Persons failing to obtain license from the State Board of Health are guilty of misdemeanor under Section 4794, R. S. Missouri, 1939.
85-42 Feb 17 Mr. Hugh Stephens WITHDRAWN
85-42 Apr 16 SHERIFFS.
FEES.
May only charge from place of arrest for transporting insane person to State Hospital.
85-42 May 7 BOARD OF HEALTH. Legality of rules and regulations construed.
85-42 June 3 HEALTH COMMISSIONER. The salary of the Health Commissioner of the State of Missouri is $5,000.00 per year.
85-42 June 11 HEALTH, BOARD OF. Trailer Camps not governed by Sec. 9955 R. S. Mo., 1939, which deals with Tourist Camps and Resorts.
85-42 July 21 STATE BOARD OF HEALTH. Has authority to construct public sewage disposal facilities but all contracts for such construction must be made by State Purchasing Agent.
85-42 Aug 6 TAXATION.
DORMITORY AT STATE TEACHERS COLLEGE.
Property rented to and used by State Teachers College at Warrensburg, Missouri, exempt from taxation.
85-42 Aug 13 BOARD OF HEALTH. Convalescent, nursing, shelter or boarding home under the provisions of Senate Bill 142, Laws of Mo., 1941, p. 368.
85-42 Aug 15 BOARD OF HEALTH.
TOURIST CAMPS.
Establishment consisting of two or more cabins and quartering permanent guests subject to regulation by State Board of Health.
85-42 Aug 26 STATE BOARD OF HEALTH. Cannot pass rules and regulations which apply to only one county.
85-42 Sept 17 James Stewart, M. D. WITHDRAWN
85-42 Oct 24 HEALTH, BOARD OF.
PROSECUTING ATTORNEYS.
Prosecuting Attorneys have authority to apply for an injunction for the abatement of public nuisances at their own relation.
85-42 Oct 26 HEALTH, BOARD OF. Resorts and recreational camps not subject to inspection by State Board of Health.
86-42 Mar 30 SCHOOLS.
LIMITATION OF TAX RATES.
Rates of taxes for school purposes in cities, towns and consolidated school districts.
86-42 May 14 MOTOR VEHICLE FUELS.
STATE HIGHWAY DEPARTMENT.
Oils and fluids sent for inspection to the State Inspector may be used by the State or its agencies.
86-42 Sept 21 Mr. Jos. W. Stillwell WITHDRAWN
88-42 Feb 24 CITY COMMITTEE. A political party of the City of Independence has a right to select a city committee to perform such duties as are given either expressly or by custom and practice.
88-42 July 29 ELECTIONS.
REGISTRATIONS.
CHANGE OF RESIDENCE IN DISTRICT.
A voter who moves from one address to another in an election precinct should have his name transferred to the new address before he is entitled to vote.
88-42 Oct 9 ELECTIONS.
WAR BALLOTS AND ABSENTEE BALLOTS.
Public Act 712 of Congress does not relieve Election officials of duty to furnish absentee ballots to persons in military service.
89-42 Mar 4 TOWNSHIP ORGANIZATION. Governor may order audit of township under Section 13105 R. S. Missouri, 1939.
89-42 Apr 9 Hon. Guy H. Thompson WITHDRAWN
89-42 Apr 18 CIRCUIT CLERKS.
COUNTY CLERKS.
CONTRACTS.
May give cause for ouster by failing to personally devote time to duties of office. For purchase of supplies for office are void where clerk represents seller.
89-42 Apr 27 SEEDMAN’S LICENSES. Manager of a “Community Sale” who sells for a farmer seeds grown by the farmer is not required to have a seedman’s license.
89-42 May 6 HOME GUARD.
MISSOURI RESERVE FORCE.
Called to active duty does not furnish grounds for forfeiture of county office.
89-42 May 9 OFFICERS. Prosecuting Attorney relinquishes right to compensation by accepting Commission in the Navy and reporting for duty.
89-42 May 27 PENAL INSTITUTIONS. Procedure necessary to transfer delinquents from State Industrial Home for Girls to the Missouri State School for Feeble-minded and Epileptic at Marshall.
89-42 June 2 COUNTY OFFICERS. Entitled to collect full salary for each year although amount not fully included in budget.
89-42 June 11 ELECTIONS. Failure to file declaration in statutory time.
89-42 July 27 INSURANCE. (1) Missouri State School for Blind cannot purchase insurance covering damage or loss on property in its department; (2) State of Missouri is not liable in damages for the torts of its officers or agents while in the performance of their duty.
89-42 Sept 16 OFFICERS. Township officer cannot hold office under the United States.
89-42 Sept 17 ELECTIONS.
BALLOTS.
BALLOT BOXES.
CONDUCT OF ELECTIONS.
In regard to color of ballots, number and kind of ballot boxes, and depositing of various ballots in the ballot box.
89-42 Dec 22 COUNTIES.
COUNTY BUSINESS.
County courts should transact all “county business,” which includes purchase of material and supplies for county highway system.
90-42 Aug 25 LABOR. Boys of 14 and 15 may be employed as telegraph messengers if they procure proper work permits, but such permits would not protect the employer of such boys if such employment turns out to be an employment in interstate commerce.
90-42 Sept 24 CHILD LABOR. Boys from fourteen to sixteen years of age may be employed as telegraph messengers if they have completed the common school.
93-42 Feb 3 CIRCUIT CLERKS.
SALARIES.
Section 13400, R. S. Mo. 1939, does not extend the compensation in term commencing January 1, 1939, that ended December 31, 1938.
93-42 Nov 9 OFFICERS – COUNTY SURVEYORS. A person can hold the office of county surveyor and city surveyor in the same county at the same time.
93-42 Dec 10 CRIMINAL PROCEDURE. Suit against sheriff, for excessive fees retained, must be filed within three years after the discovery of the shortage.
95-42 June 3 REPOSSESSION OF MORTGAGE PROPERTY UNDER THE SOLDIERS’ AND SAILORS’ RELIEF ACT OF 1940. Under the Soldiers’, etc. Civil Relief Act of 1940 a mortgagee cannot repossess an automobile bought by a person in military service prior to Oct. 17, 1940, if the mortgagor is unable to pay because of his military service.
95-42 Oct 26 SCHOOLS. Directors have the right to refuse to allow the use of a school building for other than school purposes.
97-42 Jan 12 BOARD OF PHARMACY.
LICENSES.
Appeal does not vacate Board’s revocation of license pending decision of Governor and Attorney General.
97-42 Jan 27 PUBLIC LANDS. Sale of public lands.
97-42 Mar 9 TOWNSHIP OFFICERS. Township officers who failed to qualify as provided by Statutes are de facto officers and full credit may be given their official acts unless the third party has knowledge of the failure to qualify.
97-42 Mar 17 PUBLIC ADMINISTRATORS. Section 301, Laws of Missouri, 1941, page 286, is constitutional.
97-42 June 11 COUNTY TREASURER.
ISSUANCE OF PROTESTED WARRANTS FOR COUNTY LIBRARY EXPENDITURES.
County treasurer may not protest warrants for county library in cases where the revenue for payment of warrants is not collected in the year of the issuance of such warrants.
97-42 Aug 5 CRIMINAL LAW.
PROSECUTING ATTORNEY.
Information cannot be filed in Circuit Court where a justice of the peace releases defendant on preliminary.
97-42 Sept 15 BOARD OF PHARMACY. Rule or regulation with respect to renewal of licenses of pharmacists in armed forces.
97-42 Nov 5 CONSERVATION COMMISSION.
FISH AND GAME.
Right to seine rough fish in private lake.
98-42 Apr 27 RECORDER OF DEEDS.
RELEASE OF CHATTEL MORTGAGE.
Recorder may indicate partial release of personal property in chattel mortgages.
99-42 Jan 30 INSANE PATIENTS.
COUNTY COURT’S LIABILITY.
The liability of the County Court for insane patients must be determined by Section 9358, R. S. Mo. 1939.
99-42 May 12 NEPOTISM. School director cannot appoint daughter of the half-brother of his father-in-law.
100-42 Apr 13 ELECTIONS. Central committee of political party can only fill vacancies on a ticket after the primary when nominated candidates die or resign.