1943 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-43 Feb 26 CONSTITUTIONAL CONVENTION.
NOMINATION OF DELEGATES.
Members of Senatorial Committee convened to nominate delegates for election as members of Constitutional Convention, may not count votes by proxy of any such member absent from such convention.
1-43 Dec 11 Hon. George Adams WITHDRAWN
2-43 Apr 24 TAXATION.
SALES TAX.
EXEMPTION.
Construction of proposed amendment to the exemption section of House Bill 125, by Mr. Andrae.
2-43 Nov 8 COUNTY. Stickers should be placed on ballots voted in bond election for airport.
3-43 Feb 26 CONSERVATION COMMISSION.
LEGISLATION.
The authority of the Legislature under Section 16, Article 14 of the Constitution of the State of Missouri.
3-43 Apr 29 INSURANCE.
PENAL DEPARTMENT.
APPROPRIATIONS.
A five-year contract for insurance for the protection of penal institutions may be executed and payment made out of the biennial appropriation for 1943-1944.
3-43 Dec 18 MARRIAGES.
CIRCUIT JUDGES.
Circuit Judges authorized to solemnize marriages any place in the State of Missouri.
4-43 Mar 11 Mr. Walter E. Bailey WITHDRAWN
4-43 Mar 17 BANKS AND BANKING.
SMALL LOAN LAW.
LEGISLATIVE COMMITTEES.
Power and authority of Legislative Committees to compel the production of books and records of American Investment Company.
4-43 May 10 COUNTY TREASURER. Must pay warrants in regular order of presentment even though judgment has been obtained on them.
4-43 Dec 29 COUNTY COURT. Two members are sufficient to transact business.
5-43 Feb 16 APPROPRIATIONS. Funds may be appropriated in 1943-44 biennium to cover costs of government in 1945, but total period covered may not exceed two years from passage of appropriations act.
7-43 Mar 5 SCHOOLS.
ELECTIONS.
(1) School boards in common school districts cannot set up two voting places for the election of county superintendent; (2) School boards in city, town and consolidated districts may designate more than one voting place; (3) Counties are not required to provide ballots for election of county superintendent; (4) No special kind of ballot is required, and no one is charged specifically with the duty of furnishing ballots; and (5) School boards should provide blank ballots for use of the voters.
7-43 Apr 23 CORPORATIONS. Under House Bill 309 certificate of shares of stock may be indorsed in blank.
8-43 Mar 30 COUNTY JUDGE. Can Presiding Judge of the County Court act for the county in selecting, for county depository, and lending agent on county warrants, a bank in which he is cashier, director and stockholder?
9-43 July 26 Miss Dollie Blake WITHDRAWN
9-43 Aug 18 COUNTY CLERK.
COUNTY OFFICERS.
County clerk has duty of performing ministerial acts in the management of county school fund mortgages.
9-43 Aug 24 MUNICIPAL CORPORATIONS.
TAXES.
Special tax bills against county for street improvements.
10-43 Apr 20 PROBATE COURTS. Instructions to jury should not be given by probate judge.
10-43 July 24 COUNTY COURT. Court, in its discretion, may allow fee to sheriff, involving use of an ambulance in transporting insane county patient to state hospital.
11-43 Jan 6 OFFICERS.
OATH OF OFFICE.
Oath of office to a member of the County Court may be administered in any state by any person authorized to administer oaths.
11-43 Jan 11 RECORDER OF DEEDS.
CORPORATIONS.
Articles of agreement should be filed and not recorded in the office of the recorder of deeds.
11-43 Feb 18 GENERAL ASSEMBLY.
STAMPS.
EXPENSES.
General Assembly may furnish the members thereof stamps for official business.
12-43 Jan 21 Hon. Dwight H. Brown WITHDRAWN
12-43 Jan 30 TAXATION.
EXEMPTION.
Property held by county court for use and benefit of county school fund is exempt from taxation; if it is so held on the assessment date such property remains exempt even though title thereto passes to a non-exempt holder before the next assessment date.
12-43 Feb 13 CONSTITUTIONAL CONVENTION. March sixth last date for filing certificates of nomination of delegates.
12-43 Mar 11 ELECTIONS. Time for certifying Constitutional Convention nominees by the Secretary of State.
12-43 Aug 28 LAWS, CONSTRUCTION OF.
INITIATIVE OR REFERENDUM PETITION.
How to compute the number of legal voters necessary.
12-43 Aug 30 CONFEDERATE HOME-CARETAKER AND ASSISTANTS. Board of Trustees of Confederate Home at Higginsville may employ caretaker and assistants.
12-43 Aug 31 LAWS. Effective date of.
12-43 Oct 26 SHERIFFS. Has authority to purchase supplies for county jail without County Court order, if budget is sufficient. County Court cannot arbitrarily refuse account because price exceeds a prior contract price for other county buildings.
12-43 Nov 19 SECRETARY OF STATE.
PRIVATE DETECTIVE AGENCIES.
Cities of 200,000 to 400,000 must register with Secretary of State.
12-43 Nov 26 TOWNSHIP COLLECTORS. Township collectors liable on official bonds for failure to comply with Sections 14,009, 14,010 and 14,011, R. S. Mo. 1939.
12-43 Dec 27 SECRETARY OF STATE.
CIRCUIT CLERK’S BOND.
Secretary of State has no authority to return bond filed in accordance with statute.
13-43 Mar 9 EXTRADITION. Information on felony filed directly in the criminal court is not a sufficient affidavit before a magistrate for extraditional purposes.
13-43 Mar 26 Hon. Bill Burke WITHDRAWN
13-43 Mar 31 OFFICERS.
ELECTIONS.
A county officer may serve as a city councilman if the two offices are not incompatible. If the candidate receiving the majority vote cannot qualify, there is no election and one receiving minority voted is not elected.
13-43 Mar 31 DELINQUENT JUVENILES. Discretionary with court as to who executes commitment.
13-43 April 23 COUNTY BUDGET. Failure to include county health officer’s salary in budget does not relieve the county of the obligation.
13-43 May 6 CITIES OF THE THIRD CLASS. Sinking funds cannot be invested in United States Bonds.
13-43 July 1 MARRIAGES. Order of Circuit or Probate Court for issuance of a marriage license immediately should be followed by the Recorder of Deeds.
13-43 July 17 SHERIFFS AND CONSTABLES. Sheriffs and Constables, within the jurisdiction of his (the Constable’s) justice, may summarily seize gambling devices.
13-43 Aug 24 PROBATE JUDGE. Not authorized to appoint a deputy judge.
13-43 Oct 28 TAXATION. Ad valorem tax of merchant who ceases doing business before first Monday in June; on merchants who commence doing business after first Monday in June.
13-43 Dec 2 CRIMINAL COSTS.
PAROLEE.
Taxed costs shall include meals, and be paid by parolee.
16-43 Mar 3 PROSECUTING ATTORNEY.
OFFICERS.
A tenure of a holdover prosecutor ends when his successor, after election and after a commission is issued, takes the oath of office.
17-43 Feb 26 Hon. Jonathan Edwards Clarke WITHDRAWN
17-43 Apr 22 OFFICERS. A committeeman may not qualify as Constitutional Convention delegate.
17-43 May 14 ASSESSORS. May be removed by county court for failure to perform duties and a successor appointed.
17-43 Aug 6 RECORDER OF DEEDS.
RECORDING LEASES.
Lease of real estate should be recorded.
17-43 Sept 22 COUNTY ASSESSOR.
TAXATION.
Trustee should furnish Assessor a list of property held as trustee. Liability in case of failure to do so.
18-43 Jan 9 CRIMINAL LAW. Submissible case stated under Sections 9865 and 9868 R. S. Mo., 1939.
18-43 July 15 ROAD DISTRICTS. Specials under Article 10, Chapter 46 R. S. Mo. 1939, may buy rock quarry, but cannot lease.
18-43 Sept 29 COUNTIES – ROAD OVERSEERS. Mandatory that County Court appoint Road Overseers. Such appointment may be made any time.
18-43 Nov 2 SCHOOLS. How cost of transporting Negro student to school is to be paid when it exceeds five dollars per month.
19-43 Feb 2 TAXATION.
SUCCESSOR TRUSTEE.
In case of death, resignation or removal of trustee appointed under Jones-Munger Act, successor trustee takes trusteeship without any conveyance from original trustee and takes title to all properties acquired under authority of Section 11131, R. S. Mo. 1939.
19-43 Feb 17 WATER DISTRICTS. Water districts formed under Article 12, Chapt. 79, R. S. 1939, do not have exclusive right to sell water in their territorial limits.
19-43 Apr 15 OFFICERS.
ELECTIONS.
Present incumbents in townships hold over for another term when no election was held.
19-43 May 8 TOWNSHIPS. Fair Labor Standards Act does not apply to employees of township or other political sub-division of the State.
19-43 July 6 COUNTY COLLECTOR. All statutory requirements in sale of delinquent taxes must be complied with exactly as prescribed. A sale held in any other manner renders the transaction void.
19-43 Dec 10 COUNTY FARM BUREAUS.
EXTENSION AGENT.
County Court must make appropriation to county farm organization, and extension agents must maintain office at county seat.
20-43 May 14 Mr. Lieu. Cunningham, Jr. WITHDRAWN
20-43 May 25 ACCOUNTANTS.
STATE BOARD OF ACCOUNTANCY.
Candidate for C.P.A. examination need not be in public practice.
20-43 June 28 INSANE PERSONS.
COUNTIES.
State has no claim on estate of insane person sent to the institution by county court as a poor person.
20-43 Aug 5 CONFEDERATE HOME. Present Board of Trustees continues in charge until effective date of Senate Bill No. 178; there being no appropriation to cover per diem of board members, none can be paid but they may draw mileage for attending meetings.
21-43 Jan 19 TAXATION.
DELINQUENT TAXES.
DRAINAGE DISTRICTS.
Lands acquired by drainage districts are not subject to taxation and the lien for delinquent taxes may not be enforced during the ownership of the lands by the drainage district.
21-43 Jan 25 COLLECTORS. In Section 11056, R. S. Mo. 1939, the words “calendar week” mean a period from Sunday to Saturday, and the words “year immediately preceding his election or appointment” mean the twelve months preceding the election or appointment and not the last calendar year.
21-43 Mar 27 COUNTY OFFICERS. County required to furnish necessary supplies for county officers if same has been contemplated in the budget.
21-43 Mar 30 ROADS AND BRIDGES. Town board may vote by mail and may on subsequent appointments of commissioners declare their first, second and third choice.
21-43 July 12 COUNTY COLLECTOR. Shall collect drainage district taxes.
21-43 Sept 1 VILLAGES.
TAXATION.
Trustees may pass ordinances for the taxation of dance halls and pin-ball machines, but have no authority to tax juke boxes.
21-43 Dec 29 TAXATION. Priority of tax liens, General County and State taxes in relation to general municipal tax liens.
22-43 Jan 11 TAXATION. Limitation of taxes by county.
22-43 Sept 14 SCHOOLS.
SECRETARY AND TREASURER.
COMPENSATION.
Compensation of Secretary and Treasurer of Board.
22-43 Nov 26 ELECTIONS.
ABSENTEE VOTING.
Senate Bill No. 31 excuses nonregistration of persons in military or naval service voting absentee ballots. Registration laws apply to such persons not voting absentee.
23-43 Nov 18 BARBERS.
LICENSING.
Right of board to waive penalty fees under Section 10132, R. S. Mo. 1939.
24-43 Jan 21 CIRCUIT CLERKS. (1) Circuit Clerk of St. Louis County not entitled to fees in addition to his salary set by Section 13528, R. S. 1939. (2) Circuit clerks are entitled to retain fee for bar enrollment as provided by Supreme Court Rules.
24-43 Feb 17 GOVERNOR.
EXTRADITION.
Present rendition warrant issued by the Governor is valid.
24-43 Apr 10 Hon. Elvin S. Douglas WITHDRAWN
24-43 July 22 APPROPRIATION.
BUDGET ALLOTMENT.
How amounts expended under six-month-bill is to be charged against biennium bill.
24-43 July 29 TAXATION. Procedure for collectors in selling lands for delinquent taxes after the same have been offered at the third sale and no bid has been received therefor.
24-43 Aug 3 TAXATION.
ESTATES.
Executors or administrators of estates are liable for taxes against estates if they do not pay same out of the assets of estate and if taxes are assessed against the estate, the executor, administrator and their sureties are liable under the bond of such taxes.
24-43 Nov 16 COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS. Qualifications for County Superintendent of Public Schools under Section 10609, R. S. Mo. 1939, shall be at least twenty-four years of age, a citizen of the county from which he is appointed, hold a state certificate authorizing him to teach in the public schools of Missouri.
24-43 Nov 18 STATE BUILDING COMMISSION.
PURCHASING AGENT.
Employment of architects for remodeling eleemosynary and penal institutions under State Building Commission Act does not have to be approved by State Purchasing Agent.
24-43 Nov 20 PURCHASING DEPARTMENT.
BONDS.
Bond required by certifying officer must clearly show the intention to cover duties prescribed by House Bill No. 500, 62nd General Assembly.
24-43 Dec 22 GOVERNOR.
PUBLIC SERVICE COMMISSION VACANCIES.
1) Vacancies in Commission shall be filled by the governor for the unexpired term. 2) Governor must submit name of appointee for confirmation to the Senate at the next general assembly whether in regular or special session.
26-43 Jan 15 SCHOOLS. School districts can pay out of school funds for apparatus and labor to furnish lunches to children attending school.
26-43 Feb 9 MUNICIPAL CORPORATIONS. Mayor cannot vote to break tie-vote on a council committee or board of public works.
26-43 Apr 19 LABELING AND TAGGING. All “commercial feeding stuffs” sold, offered or exposed for a sale, or disposed of in this state, shall be labelled and tagged in accordance with the provisions of Article 22, Chapter 102, R. S. Mo. 1939, and the Commissioner may only withdraw from sale such feeds as listed in Section 14329, R. S. Mo. 1939.
26-43 Aug 11 APPROPRIATIONS. An Appropriation Act which fails to designate the fund from which it is payable should be paid out of the general revenue.
26-43 Aug 16 MARRIAGE LAW. House Bill 20. Charging of fees by probated judges and circuit judges in connection with issuance of marriage license.
26-43 Sept 11 AGRICULTURE.
EGG REGULATIONS.
Approved egg regulations.
26-43 Oct 18 SCHOOLS. Dissolution of Consolidated District may become effective when all the provisions of Section 10472, R. S. Mo. 1939, have been complied with.
26-43 Nov 9 DEPARTMENT OF AGRICULTURE.
STATE OF MISSOURI.
The word “premium” construed in Sec. 30A, House Bill #419, to include ribbon prizes, the cost of which shall be paid out of such appropriation, where such ribbons are awarded pursuant to the act.
27-43 Oct 12 ROAD DISTRICTS. Statutory method for dissolution provided for each type of district, must be followed.
28-43 Apr 14 TAXATION.
SALES TAX.
House Amendment No. 1 to House Bill 125 would subject all ultimate consumers of electrical current, steam heat, water and gas, to the provisions of the sales tax, except those which are exempt under Sections 11409 and 11453 of the Act.
28-43 Apr 14 TAXATION.
SALES TAX.
Effect of House Amendment No. 2 to House Bill No. 125.
28-43 May 14 Mr. Ted Ferguson WITHDRAWN
28-43 June 9 Miss Dorothy F. Fardon WITHDRAWN
28-43 June 18 INSURANCE. Three questions relating to the authority of the State to insure.
28-43 July 27 SUPERINTENDENT OF SCHOOLS. Shall not engage in teaching or any other employment that interferes with the duties of his office.
28-43 July 29 SCHOOL FUND MORTGAGE. Statute of Limitations will run against the county in a school fund mortgage after a period of twenty years has elapsed, but the obligation remains in force as against sureties.
28-43 Oct 12 PROBATION OFFICER. Section 9708, R. S. Mo. 1939, repealed by implication.
28-43 Dec 8 COUNTY COURT.
SCHOOLS.
Construction of Section 10384A relative to procedure in determining true value of property.
29-43 Feb 5 COUNTY COLLECTOR.
COMMISSIONS.
County Collector should not deposit his commissions on taxes with taxes in the County Treasury.
29-43 Feb 16 INCOME TAX.
DEFERMENT OF COLLECTION AND MAKING RETURNS.
Collection of income taxes and the necessity of filing return by members of the armed forces outside the United States if such person’s ability to pay such tax is materially impaired or if he is not in a position to make a return by reason of such service.
29-43 Apr 3 CLERK OF CIRCUIT COURT. Temporary military service does not vacate office.
29-43 July 23 TOWNSHIP. Authority of Township Board to require an audit of road and bridge moneys for two years preceding April, 1943.
31-43 Apr 6 STATUTES.
LEGISLATURE.
A law applying to counties of certain population and under is not a special law.
32-43 Aug 25 AGRICULTURE.
COMMUNITY SALES - REGULATIONS.
Regulations authorized by Senate Bill 11, relating to Community Sales.
32-43 Aug 30 PROBATE JUDGES. Compensation – Senate Bill No. 4.
33-43 Mar 31 STATE HIGHWAY PATROL. Violation of a city ordinance is not a criminal offense.
33-43 June 14 INHERITANCE TAX.
DEDUCTIONS.
Homestead and dower.
33-43 July 13 COUNTY COLLECTORS. Monthly reports required; liability for failure to make.
33-43 Nov 9 OFFICERS.
TOWNSHIP TRUSTEES.
The County Court and not the Township Board is authorized to fill vacancy in office of Township Trustee.
34-43 Feb 27 ELECTIONS.
SHERIFFS.
No fees provided for services for proclamation or notice of election for Constitutional Convention delegates.
34-43 June 10 CRIMINAL COSTS. Where property is taken from a dwelling house, valued at less than $30.00, county pays the costs; and, if more than $30.00, the State pays the costs.
35-43 Apr 20 TAXATION.
EXEMPTION.
Property held by trustee by Jones-Munger delinquent tax sale is exempt from taxation.
35-43 June 16 TAXATION.
SOLDIERS AND SAILORS.
DELINQUENT TAXES.
Penalty and interest on delinquent taxes of persons in military service forgiven.
35-43 June 24 COUNTY COURT. May not reduce interest on outstanding loans and may not change school fund mortgage by attaching “rider” to the mortgage.
35-43 July 27 SCHOOLS.
BOARD OF DIRECTORS.
Shall purchase from building fund additional land required for proper sanitation of school house.
35-43 Dec 20 DRAINAGE DISTRICTS.
ROADS AND BRIDGES.
Not responsible for upkeep of their bridges after expiration of charter; authorities whose duty it is to maintain road on which bridge is constructed by drainage district may repair and maintain such bridge.
36-43 Apr 23 CIRCUIT CLERK. Fees for special recordings are nonaccountable.
37-43 Jan 5 LIEUTENANT GOVERNOR.
SENATE.
Power of Lieutenant Governor to vote and debate in the Senate.
37-43 Jan 22 BANKS AND BANKING. Interpretation of Sections 7952 and 8032, R. S. Mo. 1939, as amended, relative to the amount banks and trust companies may loan to individuals, partnerships, corporations and bodies politic.
37-43 Feb 16 BANKS AND BANKING.
SMALL LOAN COMPANIES.
The secrecy section of the banking code does not apply to the annual reports required to be filed by Small Loan companies under Section 7885, R. S. Mo. 1939.
37-43 May 4 Hon. Leo J. Harned WITHDRAWN
38-43 Jan 6 EMBALMING BOARD. Board may consider application of an individual for re-examination, where his license has been revoked for cause. Signing in blank certificates of death and leaving them with undertaker who is not licensed embalmer, to be used by him, is cause for revocation of license.
38-43 Feb 12 SOLDIERS.
STATE BOARD OF HEALTH.
Soldiers should not be charged for certified copies under certain conditions.
38-43 Apr 5 PROSECUTING ATTORNEY.
SCHOOL LOANS.
Not entitled to fee for examination of abstract from person making application for school fund loan.
38-43 June 7 BOARD OF OPTOMETRY.
POWERS.
Not authorized under certain conditions to subpoena optometrist who makes slanderous remarks.
38-43 July 1 EMBALMING BOARD. Licensing nonresidents.
39-43 May 4 TAXATION.
EXEMPTIONS.
Real estate to be exempt from taxes on account of being used for religious worship or for purposes purely charitable must be used exclusively for religious worship or for purposes purely charitable.
39-43 July 10 TAXATION.
DEPUTY COUNTY COLLECTORS.
TAX SALES.
Deputy county collectors in counties under township organization may conduct sales of delinquent lands for taxes.
39-43 July 15 MARRIAGE LAW. “Good cause” to be determined in each instance from facts presented.
39-43 Aug 17 SCHOOLS. School district receiving State aid may pay excess above $3.00 allowed for transportation costs, out of incidental funds of the district.
39-43 Sept 27 LIQUOR.
BONDS.
When supervisor may revoke license after cancellation of bond.
39-43 Sept 29 INTOXICATING LIQUOR.
ELECTION.
Construing Section 4890, RSMo 1939.
40-43 Jan 14 COUNTY COURT. Old county court may employ janitors whose terms extend into term of new county court; two members of the county court may make an order to transact business without the presence of the other member of the county court.
40-43 Apr 7 COUNTY OFFICERS SURETY BOND. Consent and approval of County Court for surety bond should be secured in advance.
40-43 Apr 20 COUNTY COURTS.
AIRPORTS.
County courts may appropriate funds for purchase and maintenance of airport in the county.
40-43 Apr 28 TAXATION.
BOARD OF EQUALIZATION.
ASSESSORS.
OMITTED PROPERTY.
County assessor may not add personal property to assessment rolls after he has turned his books over to the county clerk. The county board of equalization may not put on the tax rolls omitted personal property for any year other than the assessment which was made on June 1 next before the session of said board.
41-43 Jan 12 COUNTY ASSESSOR’S COMPENSATION. De jure officer entitled to compensation instead of de facto officer who performed assessor’s duties.
41-43 Jan 27 REAL ESTATE COMMISSION. Licensed broker and licensed attorney may act in dual capacity.
41-43 Feb 4 CRIMINAL COSTS. State cannot pay board bills in criminal cases until money has been advanced by county and paid the sheriff.
41-43 Feb 19 OFFICERS.
PROBATE JUDGE OF JASPER COUNTY.
Where duties are performed by several persons during a year each person is entitled to proportionate share of the annual compensation.
41-43 Mar 4 REAL ESTATE COMMISSION. There is no authority for requiring the applicant to pay his 1942 fees before obtaining his 1943 license.
41-43 Mar 27 REAL ESTATE COMMISSION. May revoke, or suspend, on indictment although cause is still pending.
41-43 Apr 24 REAL ESTATE COMMISSION. Cannot demand money put in escrow on guaranteed first mortgages.
41-43 Apr 26 REAL ESTATE COMMISSION. To collect commission licensee must have license at the time he was employed to sell real estate.
41-43 May 17 EFFECTIVE DATE.
MARRIAGE LAWS.
House Bills 20 and 45.
41-43 May 26 REAL ESTATE COMMISSION. Licensed real estate agent cannot pay unlicensed broker commissions to secure prospective customers for money loans secured by real estate.
41-43 June 7 REAL ESTATE COMMISSION. Licensee may pay non-resident who regularly engages in the brokerage business.
41-43 June 10 REAL ESTATE COMMISSION. Fees of unused license cannot be refunded; a person who holds himself out as a real estate dealer in this state must qualify and apply for a license.
41-43 Aug 5 REAL ESTATE COMMISSION. No prohibition against broker paying directly or indirectly to borrower cost of making loan, under Sec. 15, p. 424 et seq., Laws of Mo., 1941.
41-43 Aug 14 OFFICERS. Compensation of officers cannot be increased during their term of office.
41-43 Sept 20 PROBATE JUDGES. Should collect fees under present law until House Committee Substitute for Senate Bill 4 becomes effective.
41-43 Nov 15 COUNTY COLLECTOR.
TAXATION.
County not liable for erroneous publication of notice of tax sale.
41-43 Nov 18 MISSOURI REAL ESTATE COMMISSION ACT.
AUCTIONEER.
Auctioneer not required to obtain license from Missouri Real Estate Commission to sell real estate at public sale.
42-43 Feb 17 CRIMINAL COSTS.
CRIMINAL LAW.
Solvent convicted defendant in counties of the third class liable for board bill accruing while committed to jail by lawful authority as part of costs.
42-43 Mar 6 OFFICERS. A County Treasurer who marries after being elected may sign her marital name to official documents.
43-43 Mar 29 RECORDER OF DEEDS AND RECORDS. Recorded instruments once recorded cannot be changed on the same record.
43-43 Aug 16 CRIMINAL COSTS.
COUNTY COURT.
County Court must pay criminal costs in all cases properly certified, though such costs are not included in county budget; county judge incurs no personal liability in signing warrant where two-thirds of court vote to pay warrant; persons suffering from communicable diseases may be prosecuted for violation of rules and regulations of State Board of Health.
44-43 Apr 28 SCHOOLS. Missouri School for the Deaf cannot sell typewriters directly to the War Production Board.
44-43 Aug 16 SCHOOLS.
DEAF AND DUMB SCHOOL.
Children under six years of age may not be admitted to the Missouri School for the Deaf.
44-43 Sept 4 SCHOOL FOR THE DEAF.
ADMITTANCE OF CHILD UNDER 6 YEARS OF AGE.
Children under six years of age may be admitted to Blind and Deaf School if no school funds are used for their maintenance and education.
44-43 Oct 15 APPROPRIATIONS.
ITEMIZING.
Salaries of skilled labor and technical services may be paid out of the appropriation for “Repairs and Replacements” or “Additions” if services for such skilled labor or technicians are used for repairs and replacements or additions.
45-43 Jan 21 COUNTY COURT. Upon appointment of county superintendent of public welfare the appointment of a probate parole and truant officer is automatically suspended.
45-43 Feb 11 ROADS AND BRIDGES. Town board cannot vote by mail in eight-mile road district, when not situated more than ten miles from county seat.
45-43 Feb 12 ELECTIONS. Eight questions concerning the selection of delegates to the Constitutional Convention.
45-43 Feb 18 BUILDING AND LOAN.
ELECTIONS.
Manner of electing Directors.
45-43 June 1 BUILDING AND LOAN. Building and Loan Supervisor may under certain conditions request court to escheat certain funds to the State of Missouri.
45-43 July 14 BUILDING AND LOAN. Not required to be custodian of records of liquidated building and loan associations.
46-43 Jan 8 OFFICERS. Deputy Circuit Clerk is an officer and entitled to receive compensation while lawfully holding title to office.
46-43 Feb 2 ELEEMOSYNARY INSTITUTIONS. Board of Managers may employ an “Executive Secretary” to work in central office at Jefferson City, Missouri, with reservations.
46-43 Feb 4 LOTTERIES.
THEATRE.
A plan whereby persons in attendance at the movie having a chance to be selected to answer some question which may be propounded to them, and, if they answer the question correctly, they are awarded a prize and, if incorrectly, they are given passes to the theatre, is a lottery.
46-43 Feb 5 INSANE PERSONS. Under the facts in this case patient in question belongs to the State of Missouri and not the State of Illinois.
46-43 Apr 7 SCHOOLS. Persons under twenty years of age should be enumerated even though absent in the military or naval service of their country.
46-43 Apr 17 ELEEMOSYNARY INSTITUTIONS.
STATE PURCHASING AGENT.
Boiler inspection insurance may be purchased by the State Purchasing Agent for Eleemosynary Institutions.
46-43 Apr 22 STATE ELEEMOSYNARY INSTITUTIONS.
GUARDIAN AND CURATOR.
Superintendent of State Hospital not authorized to receive money and funds due inmate.
46-43 July 3 COUNTY CLERK. Shall make the back tax book.
46-43 July 10 COUNTY HIGHWAY ENGINEER. In counties of no less than 20,000 inhabitants or more than 50,000 inhabitants the county court cannot appoint the highway engineer by reason of Sec. 8660.
46-43 July 21 LOTTERY. Scheme whereby right to call a relative in armed service is awarded to theater patron is a lottery.
46-43 July 29 WAGES (STATE EMPLOYEES). Writ of sequestration, under H. B. 167, should be served on State Treasurer.
46-43 Dec 29 ELEEMOSYNARY INSTITUTIONS.
BOARD OF MANAGERS OF STATE HOSPITAL #1.
State Sanatorium has no authority to assign warrants and open accounts for collection.
47-43 Apr 22 TOWNSHIP SCHOOL FUND. No authority to invest in United States Bonds.
48-43 Jan 12 JUSTICES OF THE PEACE.
TERM OF OFFICE.
TOWNSHIP ORGANIZATION.
The term of office for a justice of the peace in counties under township organization is two years.
48-43 Feb 4 INSANE PERSONS. County may recover for money expended for insane indigent county patient in certain instances.
48-43 Mar 18 COUNTY HIGHWAY COMMISSION.
DUTIES OF COUNTY COURT IN REGARD THERETO.
The provisions of the County Highway Commission Act are mandatory and it is the duty of the County Court to comply therewith.
48-43 Mar 30 SCHOOLS. (1) Voter must vote for county superintendent of schools in the school district in which he resides; (2) Voter must reside in school district thirty days prior to the election in which he offers to vote.
48-43 Apr 1 COUNTIES. Statute of limitations operates against the county.
48-43 Oct 12 SCHOOL DISTRICT. May close school and transport pupils of the district to other schools. Funds in hands of Treasurer known as Teachers’ Fund may not be invested in Defense Bonds.
51-43 Mar 9 BANKS.
TRUST COMPANIES.
BUILDING AND LOAN ASSOCIATIONS.
SMALL LOAN COMPANIES.
LOAN AND INVESTMENT COMPANIES.
REGISTERED PAWNBROKERS.
Resume’ of money lenders’ activities under Missouri Statutes.
51-43 Nov 16 PROBATE JUDGE. Fees received by Probate Judges for issuing order to Recorder to waive three (3) day waiting period between application and issuance of Marriage license, is an accountable fee. Probate Judge shall at the end of each month make and file with County Clerk, a report (a) of all fees collected for the month, (b) fees earned but not collected for month, except (1) fees collected for solemnization of marriages; (2) hearing and determining inheritance tax matters.
51-43 Dec 7 TOWNSHIP COLLECTORS.
TOWNSHIP BOARD.
Township board and not county court is authorized to fill vacancies in office of township collector.
52-43 Feb 3 ESCHEATS. Real Estate in this state, belonging to non-resident decedent who died intestate leaving no heirs at law, will escheat to the state of Missouri. Personal property in this state, belonging to non-resident decedent who dies intestate leaving no heirs at law, should be transferred to the administrator in the state of his domicile.
52-43 May 22 INCOME TAX. Section 11375, R. S. Mo. 1939, prohibits the examination of income tax returns or records for the purpose of obtaining information in connection with the collection of sales tax.
53-43 Sept 11 TAXATION – SALES TAX. Charges for use of skates at a skating rink are not subject to sales tax, but if charge is made to go on floor to skate, it is taxable.
54-43 May 8 MUNICIPALITIES. May impose license tax on resident operators of motor vehicles or operators doing business within the city.
55-43 Jan 22 SCHOOLS.
ELECTION OF COUNTY SUPERINTENDENT OF SCHOOLS.
Tally sheets and ballots for the election for county superintendent of schools.
55-43 Jan 22 SHERIFFS. In a county of 18,000, the sheriff, and not the county pays the jailer.
56-43 Feb 17 OFFICERS.
CIRCUIT CLERK.
Induction into the armed forces does not effect title or compensation.
56-43 Mar 10 SCHOOL. House Bill 94 increasing qualifications of county superintendent does not apply to those elected at April 6, 1943, school election.
56-43 Apr 12 OFFICERS. Recorder of Deeds should not send out signed and sealed marriage licenses to Justices of the Peach to be used as needed, but should issue them himself upon request.
56-43 May 28 SHERIFF.
FEE.
In counties the size of Cole the sheriff is entitled to three dollars ($3.00) per day while actually in attendance on the court. He may appoint, not to exceed three deputies for such. Deputies are entitled to three dollars ($3.00) per day.
56-43 Sept 28 NEWSPAPER. Failure to publish for four weeks will not disqualify a newspaper from being a legal publication under Sec. 14968, R. S. 1939.
56-43 Oct 1 CRIMINAL LAW – COSTS. In criminal prosecutions instituted by Prosecuting Attorney, county is liable for costs even though Prosecuting Attorney does not file Information thereon.
57-43 Feb 9 SCHOOLS. Expenses of inspecting property which is security on school loan cannot be paid out of capital school fund.
57-43 Mar 29 COUNTY COLLECTOR.
TAXATION.
When County Collector entitled to credit for delinquent taxes.
57-43 Apr 13 CRIMINAL LAW. Giving a bad check under Section 4694 R. S. Missouri, 1939, without a false representation is not a violation of the law.
57-43 Apr 28 CRIMINAL LAW. When money is not obtained on a “bad check” the drawer is not guilty of obtaining money under false pretenses.
57-43 May 10 SCHOOLS.
MORTGAGES.
Sheriff is not authorized to sell bonds under school fund mortgages without certified copy of county court order made in conformity to Section 10387, R. S. 1939.
57-43 May 19 COUNTY COURT. County school fund loan may be made on any real estate in county. County court without authority to loan money from this fund on land outside county.
57-43 June 24 CRIMINAL PROCEDURE. On disqualification of a requested judge, the regular judge and not the requested judge shall request another judge.
57-43 July 14 INSANE PATIENT. County court may require estate of indigent insane patient to pay hospital fees, when by reason of an inheritance, the court changes status of patient from “county” to “private pay” patient.
57-43 Aug 3 SOLDIERS.
CRIMINAL LAW.
Right of Civil Authorities to try soldier for Civil offense in time of war.
57-43 Aug 25 CIRCUIT CLERK.
RECORDER OF DEEDS.
DEPUTIES.
A person over the age of seventeen years may act as deputy circuit clerk.
57-43 Oct 4 PROSECUTING ATTORNEYS. Should not accept employment to appear for clients before County Court.
57-43 Oct 7 PROBATE JUDGES SALARY.
COUNTY BUDGET.
Probate Judge’s Salary may be paid out of current Budget if there is a surplus, otherwise out of the 1944 revenue.
58-43 Jan 16 PROBATE JUDGES.
LIMITATION ON COMPENSATION.
Probate Judges’ compensation limited to annual compensation of Circuit Judge for same county for judicial services.
58-43 June 2 GENERAL ASSEMBLY. Mileage of members attending session.
60-43 Jan 21 PROSECUTING ATTORNEYS. (1) Duties of prosecuting attorneys relative to the escheat statutes; (2) Officers not allowed additional compensation for the performance of official duties.
60-43 July 19 TAX SALE OF LAND FOR DELINQUENT TAXES. Right to redeem–limitations.
60-43 Oct 27 TAXATION AND REVENUE. County clerks duty to extend real estate taxes to the proper road and school districts; both real estate and personal property shall be placed on same list.
61-43 Mar 25 CRIMINAL COSTS. Upon acquittal, even though an instruction on manslaughter is given on a murder in the second degree, the State is liable for the costs.
61-43 May 17 PROSECUTING ATTORNEY. May be “fee attorney” for the Reconstruction Finance Corporation.
62-43 Jan 16 Hon. Roy D. Miller WITHDRAWN
62-43 June 8 INSURANCE.
FRATERNAL AND BENEFIT ASSOCIATIONS.
Location of principal office and executive offices.
62-43 June 18 MUNICIPALITIES.
BOARD OF PUBLIC WORKS.
Retirement of bond issue.
62-43 July 2 Mr. Edwin W. Mills WITHDRAWN
62-43 July 2 MUNICIPALITIES. City of fourth class cannot annex a fire district until they have complied with Section 34 of the Fire District Act.
62-43 July 13 TAXATION.
ADMINISTRATORS AND EXECUTORS.
DISTRIBUTION OF ESTATES.
An executor or administrator may at his own peril distribute personal property of the estate without an order of the Probate Court and if such distribution is made before the tax-assessment date, then the estate is not subject to be taxed on the properties so distributed.
62-43 July 15 Hon. John E. Mills WITHDRAWN
62-43 July 29 TAXATION, DELINQUENT. Refunds for taxes derived from erroneous sales of delinquent lands should be paid out of the County Treasury.
62-43 Aug 26 Mr. J. W. Miller WITHDRAWN
62-43 Sept 17 SCHOOLS. Schools having average of less than fifteen pupils in attendance may be closed by Board of Directors, State Superintendent of Schools, or by temporary combination for educational purposes. Boards of district schools under superintendency of county superintendent of schools shall set up bus routes. Assignment of pupils to school most accessible is duty of county superintendent of schools.
62-43 Nov 10 COUNTY CLERK.
COUNTY COURTS.
STATUTES.
1) No authority to collect principal and interest on school fund loans—not liable on official bond for such funds inadvertently collected. 2) Have no authority to allow borrower and sureties to execute new bonds and mortgage for sole purpose of reducing interest rate. 3) Section 10386 Laws of Missouri 1943, procedural in character—applies to prior and subsequent school fund loans.
62-43 Dec 8 COUNTY CLERK. It is the duty of the county clerk to add up the figures showing the amount of tax in the proper columns of an assessor’s book, and the aggregate amount in each column shall be noted on each page.
63-43 Sept 14 Mr. William A. Moon WITHDRAWN
64-43 Feb 2 Hon. Henry G. Morris WITHDRAWN
64-43 Apr 12 CRIMINAL LAW.
PAROLE.
One who has been previously convicted of a felony is not eligible to a parole under Section 4201 R. S. Missouri, 1939.
64-43 Apr 21 TAXATION. In counties duties and fees of township collectors and assessors with respect to income tax returns filed during the term of office but on which no assessment was made prior to the expiration of their term.
64-43 May 11 SCHOOLS. (1) Prosecuting attorney to prepare the papers necessary in the loaning of money from county school fund. (2) Duty of county clerk to see that such papers are properly recorded.
64-43 June 4 HOUSE BILL NO. 20. Marriage license application is not required to be presented in person by applicants for licenses.
64-43 July 30 MARRIAGES. Ceremony−where performed.
66-43 Feb 18 PROSECUTING ATTORNEYS. It is not the duty of the prosecuting attorneys to defend charitable trusts on the part of the public.
66-43 Feb 24 PURCHASING AGENT.
LEGISLATURE.
Permanent Seat of Government shall purchase supplies to be used on third and fourth floors of Capitol Building.
66-43 Sept 8 SCHOOL LOANS.
PROSECUTING ATTORNEY.
If requested by county court prosecuting attorney should give written opinion on title.
66-43 Sept 10 COUNTY SINKING FUND.
COUNTY CAPITAL SCHOOL FUND.
County sinking funds may be invested in United States bonds; capital school funds cannot.
66-43 May 13 DEPOSITORIES.
COUNTY DEPOSITORIES.
BANKS AND BANKING.
A county cannot pay bonus or fee to county depositories for taking care of county funds.
67-43 Mar 3 ELECTIONS. Same polling place may be used for both Constitutional Convention delegates election and municipal election.
67-43 Apr 7 ELECTIONS. Persons must be registered to vote in annual school election in City of St. Charles, Missouri.
67-43 Apr 8 RECORDER. Recorder not to destroy original deeds and marriage licenses after they have been recorded. He must retain in his office–(only exception being chattel mortgages five years old.)
67-43 July 21 SHERIFFS.
CRIMINAL COSTS.
Sheriff who is Superintendent of Public Welfare not entitled to mileage for investigating criminals.
67-43 Sept 27 MUNICIPAL CORPORATIONS. Cities of the third class may not expend money from the general revenue fund for the purpose of obtaining a “City Plan.”
67-43 Oct 13 SHERIFFS. County Court may allow and pay claims of sheriffs for services rendered in juvenile court.
67-43 Oct 27 SCHOOL FUND MORTGAGES. Proper disposition of income by County Court for repossessed real estate; whether credited to interest fund or capital school fund itself.
67-43 Dec 30 FARM BUREAU. Definition of “rural population” to be used in determining maximum appropriation.
68-43 Jan 26 OFFICERS. Presiding judge of the county court may be appointed deputy circuit clerk.
68-43 Aug 14 LIQUOR CONTROL. Minor may not be employed to make deliveries of liquor.
69-43 Jan 7 TAXATION.
PENALTIES AND INTEREST.
Penalties and interest on taxes may not be charged in cases where the taxpayer was unable to pay the taxes before they became delinquent on account of the death of the collector. Check is not legal tender for payment of taxes.
69-43 Apr 5 TAXATION.
PENALTIES.
What tax penalties persons in military service are excused from paying; how collector is to account to court for excused penalties; burden is on taxpayer to claim the right to be excused.
69-43 Apr 10 SCHOOLS. (1) County superintendent does not have to be a taxpayer; (2) Poll books not required in elections for county superintendent.
69-43 July 23 SHERIFFS. Commission for sale of more than one farm in a single partition suit.
71-43 Jan 8 PROBATE COURT.
FEES.
DENIAL OF LETTERS.
Probate Court may not charge fees for denial of letters in estates consisting wholly of social security funds and in which the assets are less than $400.00. Probate Court may charge fees to individuals in other estates for denial of letters.
71-43 July 16 Mr. Everett H. Pittman WITHDRAWN
72-43 Jan 26 COUNTY COURT. (1) County court only can purchase chemicals for use of courthouse and county farm; (2) County court cannot donate cash for repair on city streets; and, (3) County court should deduct five per cent Victory Tax from warrant drawn on county treasurer.
72-43 Feb 20 COUNTY TREASURER.
FEES AND SALARIES.
Not entitled to fees on school disbursement or levee district account.
72-43 Apr 30 CITIES, TOWNS AND VILLAGES.
BOARD OF PUBLIC WORKS.
Authority of board of public works subject to board of aldermen.
72-43 July 9 Hon. Thomas V. Proctor WITHDRAWN
72-43 July 17 TAXATION. The lien for taxes imposed on insurance on taxable property by the provisions of Section 11173 is applicable to the City of St. Louis and St. Louis County.
72-43 Dec 27 Hon. Charles A. Prather WITHDRAWN
73-43 Mar 8 ELECTIONS.
CONSTITUTIONAL CONVENTION.
Clerk shall notify judges of their selection to act at election of delegates to Constitutional Convention.
73-43 Apr 6 SHERIFF – BOND. County court liable for premium on surety bond when approved by county court.
73-43 June 3 Hon. W. Oliver Rasch WITHDRAWN
74-43 Jan 22 SCHOOLS. Where pupils of a district not maintaining a high school attend high school in another district, under Sec. 10458, R. S. 1939, such district is legally obligated to pay tuition of such pupils even though they are orphans.
74-43 Dec 17 SCHOOLS. School Board may contract with the Superintendent of Schools for more than one year.
76-43 Feb 9 RECORDER OF DEEDS.
CIRCUIT CLERK.
Cannot charge for certified copies of papers, but may charge fifty cents for certificate.
76-43 Mar 25 ELECTIONS. The County Court may make any reasonable allowance to election Clerk for returning the poll books.
76-43 May 1 RECORDER OF DEED. Certificate of title must be produced, and fact of mortgage noted thereon be satisfied to satisfy mortgage on motor vehicle.
77-43 Jan 11 RECORDER OF DEEDS. Recorder of deeds cannot charge for duplicate certified copies of marriage licenses issued to a member of the Armed Forces.
77-43 Apr 19 MOTOR VEHICLES. Transfer of ownership by corporation to partnership requires purchase of new license plates.
78-43 Feb 20 SCHOOLS. School board cannot extend the number of hours of a school day beyond six.
78-43 Feb 26 SCHOOLS. Three questions as to validity of proceedings under Section 10631 R. S. Mo., 1939.
78-43 July 12 SCHOOLS. School district in order to qualify for central high school building aid must erect building on tract of not less than five (5) acres subject to approval of plans by State Superintendent of Schools.
78-43 Aug 10 SCHOOLS. A School Board, having option for apportionment of school aid under either of two statutes, required to continue under statute selected under the option plan.
78-43 Oct 25 SCHOOLS. What constitutes erection of building so as to entitle district to state aid.
78-43 Nov 17 SCHOOLS. Construing House Bill No. 494, which will become new Section 10454. The maximum constitutional levy for consolidated school districts not containing an incorporated town or village within boundaries is sixty-five cents on the hundred dollar valuation. Additional apportionment and as provided for in this section is to be made on attendance of pupils belonging to the district.
79-43 Aug 2 SCHOOLS. State Superintendent of Schools may authorize and approve state aid for special classes for physically and mentally handicapped children for less than the maximum amount allowed under the statutes.
79-43 Aug 4 INSURANCE. Approval of Articles of Incorporation of Jefferson Mutual Fire Insurance Company of St. Louis, amending its charter.
80-43 May 15 SCHOOLS.
COUNTY TEXTBOOK COMMISSION.
Vacancies filled by appointment by Governor.
80-43 Dec 3 LINCOLN UNIVERSITY. Powers and functions of Board of Curators with respect to operation and maintenance of institution.
81-43 Mar 1 COUNTY COURTS.
COUNTY BUDGET.
County court may designate an emergency bridge fund to Class 5 of the county budget and make transfers to provide available funds for aid to special road districts.
81-43 Mar 23 TAXATION.
COUNTY COLLECTOR.
Appointee holds until the successor qualifies. Penalties should not be charged when payment of taxes cannot be made.
81-43 Mar 29 JUVENILE DELINQUENTS. Section 9004, R. S. 1939 does not apply.
81-43 Apr 28 RECORDER OF DEEDS. Recorder has no authority to note upon the records a partial release of property contained in a mortgage.
81-43 May 4 TAXATION. Personal property in Missouri owned by soldier, who is nonresident of this State, and only here in compliance with military orders, is not taxable in Missouri.
81-43 Sept 1 ROADS AND BRIDGES. Moneys in contingent fund may be used for roads in common road districts.
81-43 Sept 10 TAXATION – COMPROMISE OF TAXES. County Court may compromise taxes and include penalties and interest in the compromise.
81-43 Nov 26 TAXATION. Church not required to pay taxes on property used for religious or charitable purposes where the property does not exceed one acre in area.
81-43 Dec 15 MARRIAGE. Under blood test law, person with negative laboratory report need not have physician’s certificate that he is free from syphilis; definition of “public health laboratory” as respects free tests.
82-43 Mar 5 SCHOOLS.
ELECTIONS.
Qualified voters must vote for County Superintendent in the district in which they reside.
82-43 Mar 5 COUNTY TREASURER AND COUNTY REPORTERS. Court reporter and not county treasurer preserves official notes of court reporter.
82-43 Mar 29 VOTER.
FOR RAISE OF SCHOOL LEVY.
Voter to qualify for voting to raise the annual school levy must have all of the general qualifications as to age and residence, and in addition, must be a resident taxpayer.
82-43 June 2 CRIMINAL COSTS. Upon felony conviction State should not pay defendant’s witness fees.
83-43 Mar 1 COMMISSIONER OF HEALTH. Not entitled to $10 per day as secretary, nor $10.00 per day as member of board in addition to his annual compensation of $5,000.00.
83-43 Mar 4 LIEUTENANT GOVERNOR. Compensation of President and President pro tempore of Senate, authority for paying, amount of, how paid, out of what funds and whether such officers are included in 75 employees allowed Senate.
83-43 Mar 9 COUNTY TREASURER.
OFFICERS.
BONDS.
County is liable for premium on surety bond where the officer elects to give surety bond and county court consents thereto.
83-43 Mar 11 MOTOR VEHICLES. Student operator need not obtain chauffeur’s license.
83-43 May 6 WITNESS.
FEES.
Witness in criminal case once subpoenaed shall attend case until discharged. In change of venue witness need not be resubpoenaed.
83-43 May 12 SCHOOLS. Board of directors of consolidated school districts have authority to sell property of an annexed school district.
83-43 May 13 FENCES – DIVISION.
CEMETERIES.
Division fences between cemeteries and lands owned by private individuals subject to statutes relating to division fences.
83-43 May 14 TAXATION.
COLLECTOR’S SETTLEMENT.
COUNTY COURT.
County Court’s procedure in making settlement with collector on delinquent lists.
83-43 June 2 OFFICERS. Sheriffs may serve civil and criminal process in military reservations.
83-43 June 15 Hon. Forrest Smith WITHDRAWN
83-43 July 12 ESCHEAT. State is entitled to possession of escheated property; no provision governing what agency of state has charge of such property.
83-43 July 29 OFFICERS.
LEGISLATORS.
Discussion of question of appointment of legislators to positions in state departments.
83-43 Aug 16 RECORDER. May not record statement that records of General Land Office show a patent has been issued.
83-43 Aug 19 LAWS.
COURTS, TERMS OF.
Effective date of under Sec. 36 of Art 4 of Constitution as amended. Effect of change of terms by legislative enactment (House Bill No. 509).
83-43 Aug 25 PROBATE JUDGES. Senate Bill No. 4 does not invalidly increase or decrease pay; how clerk is compensated; when monthly account may be made.
83-43 Sept 14 INCOME TAX. Members of the military of naval forces do not have to make income tax returns, nor pay income taxes – civil officer – not being a prisoner of war or detained by any foreign government liable.
83-43 Sept 18 STATE AUDITOR.
WARRANTS.
May not draw one warrant covering expenditure of three institutions from six different appropriations.
83-43 Sept 24 BURIAL SOCIETIES. Person regularly receiving and transmitting assessments to foreign burial association unlawfully acts as agent.
83-43 Oct 25 PROBATE JUDGES. Under House Committee Substitute for Senate Bill No. 4, Probate Judges may at any time collect excess fees above their salary after they have paid fees into the county treasury equal to the amount of their annual salary.
83-43 Nov 1 SCHOOLS. Free transportation of pupils in a consolidated School District may be determined – 1. When Board deems it advisable. 2. When approved, at election, by 2/3 voters who are taxpayers. Board’s discretion in formulating needful rules will prevail in either case. Non-resident pupils may be admitted to District and may be transported same as pupils within District.
83-43 Dec 9 STATE BOARD OF BARBER EXAMINERS.
LICENSE.
Answers to three questions regarding the revoking and reissuing of barbers’ licenses. Term “revoke” defined.
84-43 Mar 8 DEPOSITARIES.
COUNTY FUNDS.
Money deposited in depositary by county collector, as collector, is “Public Funds.”
84-43 Apr 19 COUNTY COURTS. Two questions on power of county court to make purchases for road equipment and road expenditures.
84-43 Sept 4 PROSECUTING ATTORNEY. To give advice to county officers regarding matters of law in which county is interested; but not his duty to advise and represent the various school boards of the county.
84-43 Sept 16 LABOR. Industrial Inspection statute will apply to dress shops, drug stores, plumbing establishments and cooperative associations, but not to shoe shops.
84-43 Sept 16 Mr. George A. Spencer WITHDRAWN
85-43 Mar 29 STATE BOARD OF HEALTH.
REGULATIONS.
Power to transfer venereal disease patients for quarantine in hospital in the State of Missouri.
85-43 Apr 22 HEALTH. Physicians, osteopaths, veterinarians and hospitals must secure state license to engage in occupations set out in Section 9834, R. S. Mo. 1939.
85-43 July 13 HEALTH, STATE BOARD OF.
OPERATION OF HOSPITAL.
State Board of Health may operate hospital for Federal Government when all funds are furnished by the Federal Government.
85-43 July 15 NURSES. Not unlawful for one person to represent to the public that another person is a registered or graduate nurse.
85-43 July 29 PHYSICIANS AND SURGEONS.
OBSTETRICS.
Who may practice in Missouri.
85-43 Sept 13 HEALTH REGULATION. Regulation to Commissioner of Health in regard to eggs.
85-43 Oct 6 STATE BOARD OF HEALTH. 1) Present and Acting Board has no jurisdiction or authority to entertain a petition to reinstate license “Permanently revoked” by predecessor board. 2) “Revoke” as used in section 9990 R.S. Mo. 1939, means permanent revocation where no definite period of time is stated. 3) Revocation of license by predecessor board does not prevent a subsequent board from granting a license based on new application.
85-43 Oct 11 MOTOR VEHICLES LICENSES.
FEDERAL AGENCIES.
Motor vehicles of Defense Plant Corporation not subject to license fee. Motor vehicles leased or rented by Pratt-Whitney liable for tax. Fee for title chargeable against Defense Plant Corp. or Pratt & Whitney.
85-43 Oct 14 CITIES, FOURTH CLASS. May charge reasonable fee for use of sewers.
85-43 Oct 28 MOTOR VEHICLES. Construing H. B. 240 passed by 62nd General Assembly. Commissioner of Motor Vehicles shall register motor vehicles by gross weight, which includes vehicle and load. Fees for registration to be collected and accounted for by Commissioner and credit for 85% of such fees to be allowed by Public Service Comm. in applying for permit to haul persons or property for hire.
85-43 Nov 19 OFFICERS. (1) Prosecuting Attorney of the City of St. Louis has only jurisdiction concurrent with the St. Louis Court of Criminal Correction; (2) It is the duty of the Circuit Attorney of the City of St. Louis to enforce the provisions relative to the State Food and Drug laws.
87-43 Feb 11 Hon. W. W. Sunderwirth WITHDRAWN
87-43 Feb 16 CONSTITUTION CONVENTION. Method of nominating delegates to the Constitutional Convention.
87-43 Mar 25 HOUSE BILL NO. 45. Does not include Osteopaths.
88-43 Jan 16 OFFICERS.
JUSTICE OF THE PEACE.
Justices of the peace may hold the office of deputy recorder of deeds at the same time.
88-43 Jan 16 ELECTIONS.
CONSTITUTIONAL CONVENTION.
Mode of conducting election of delegates to Constitutional Convention.
88-43 Feb 5 SALARIES AND FEES.
COUNTY ASSESSOR.
In counties of less than 100,000 the assessor is entitled to fees of $5,000.00, exclusive of deputy hire.
88-43 Feb 26 ROADS AND BRIDGES. Town board cannot vote by mail in eight-mile road district, when the city limits of the city is not situated more than ten miles from county seat.
88-43 Mar 5 COUNTY COLLECTOR. May not make daily reports and deposits with county treasurer unless authorized by statute.
88-43 June 17 COUNTY CLERK.
RECORDER OF DEEDS.
May not establish branch offices unless authorized by statute.
88-43 Nov 8 SHERIFF’S FEES. For summoning standing jury; for summoning special jury.
88-43 Dec 16 CIRCUIT CLERK.
COMPENSATION.
Not authorized to charge and retain fee for acting as custodian of funds paid into court.
89-43 Jan 5 ROADS AND BRIDGES. Township board cannot lease road machinery belonging to road district to be used outside of the road district in the township, under township organization.
89-43 Feb 11 CONSTITUTIONAL LAW. Amendments to legislative acts must conform to the original purpose of the act, under Art. IV, Sec. 25, Constitution of Missouri.
89-43 Mar 23 COUNTY COURTS.
ROAD BOND TAX FUNDS.
Court may issue warrants on funds anticipated from taxes authorized by a bond issue; constitutionality of Section 13763; special road districts may not expend any of such funds. Manner of determining the amount of anticipated revenue from such taxes.
89-43 Apr 27 Hon. D. D. Thomas, Jr. WITHDRAWN
89-43 May 4 SCHOOLS. Directors cannot invest surplus funds in United States Bonds.
89-43 May 12 OFFICERS. Salaries of elected officers of city operating under special charter may, by ordinance, be reduced.
89-43 Nov 26 COUNTY COURT.
BONDS.
Authority to settle or compromise for an amount less than sued for on surety bond.
90-43 Mar 16 LABOR. Construction of Section 5082, R. S. 1939, relative to the payment of discharged employees, and 5080 relative to the payment for discharge of employees.
90-43 Mar 16 LABOR. State statute regulating the hours of employment for women is superseded by the Railway Labor Act wherein it limits to interstate commerce.
90-43 Mar 19 LABOR DEPARTMENT.
STREET RAILROADS.
Section 10176, or Section 14810, R.S.Mo. 1939, pertaining to payment of employees, does not apply to street railroads.
90-43 Mar 31 EMPLOYMENT CONTRACT.
USURY.
Contract charging 60% for obtaining a job is not usury.
90-43 Apr 20 LABOR. (1) Municipally owned utility companies are subject to inspection by Labor Commissioners; (2) The prosecuting attorney of the county wherein the business establishment is located, shall enforce the provisions of Section 10180, R. S. 1939.
90-43 June 11 CHILDREN.
LABOR.
Provision in section takes precedence over the whole section.
90-43 June 25 HOURS OF LABOR.
FEMALE EMPLOYEES.
Female employee may not be employed more than nine hours in any one day or more than fifty-four hours during any one week.
90-43 June 30 LABOR. Construction and application of Section 10175, Missouri, R. S., 1939.
90-43 Oct 19 LABOR.
WOMEN.
Under Laws 1913, p. 400 females may not be employed in state for more than 9 hours a day or 54 hours a week.
90-43 Nov 3 LABOR. Section 7815, page 400, Laws of Missouri, 1913, prevents female employees from working full time under such Act at plant and then taking work out to be done at home.
90-43 Dec 29 EMPLOYMENT BUREAUS. The Department of Labor and Industrial Inspection has no discretion to refuse a license to applicant to operate an employment agency. Its duty to license is ministerial.
92-43 June 25 CRIMINAL LAW. Illinois licensee entitled to recognition under reciprocity.
93-43 Aug 17 OFFICERS. Surveyor may appoint deputy in counties with population between 20,000 and 50,000 inhabitants and such deputy may act as the deputy county highway engineer.
94-43 Oct 11 SHERIFFS.
CONTEMPT.
Sheriffs may be guilty of contempt of court in failing to transport prisoners within a reasonable period after their sentence.
95-43 Mar 11 TAXATION.
SALES TAX.
The fact that proceeds from a moving picture show are contributed to the Red Cross does not relieve the theatre from collecting the sales tax.
96-43 July 12 FEES OF CIRCUIT CLERKS. Clerk of Washington County entitled to $400.00 per annum for services rendered as clerk of juvenile court or clerk of juvenile division of circuit court.
96-43 Sept 13 CIRCUIT CLERKS. Not entitled to fee provided by Sec. 717, R. S. 1939; said section repealed by House Bill 177 passed by 59th General Assembly.
97-43 Jan 16 ROAD DISTRICTS.
ORGANIZATION.
PUBLICATIONS.
Publication of notices of filing of petition to form a special road district must comply with statute.
97-43 Jan 16 COUNTY COURTS. Under Section 13713, R. S. Mo. 1939, must repair county buildings out of insurance monies.
97-43 Feb 6 RECORDER OF DEEDS.
OFFICE SUPPLIES.
The Recorder of Deeds, subject to the provisions of the Budget Act, may purchase supplies necessary to keep and maintain his office.
97-43 Apr 15 CITY OF THE THIRD CLASS. Not authorized to invest “reserve fund” in United States Bonds.
97-43 Apr 29 POISONS. Record of sale of poisonous substances used in the arts or as insecticide, not necessary.
97-43 Aug 23 SPECIAL ROAD DISTRICTS. May spend one-fourth of their revenue on streets of cities located in such districts.
97-43 Aug 24 SHERIFF’S FEES. Services in connection with orders of State Board of Health in venereal disease control.
97-43 Sept 10 SPECIAL ROAD DISTRICTS. (1) Possession of records and books to be in the clerk of the board of commissioners; (2) Treasurer of special road district shall furnish a bond.
97-43 Sept 17 PHARMACY. Household remedies and drugs which may be sold in general stores.
97-43 Oct 11 COUNTY TEXTBOOK COMMISSION. Statute creating county school textbook commission imposes mandatory duty on county court to appoint members of the commission. This duty may be enforced by mandamus action.
97-43 Oct 29 DELINQUENT CHILDREN. 1) Section 9703, R. S. Mo. 1939, construed concerning judge’s authority to tax costs. Against whom. 2) When costs are to be paid by the county Court pursuant to Sec. 9703, R.S.Mo. 1939, Circuit Clk. shall follow same procedure in the collection thereof as used in the collection of criminal costs.
98-43 Dec 9 PURCHASING AGENT.
PERMANENT SEAT OF GOVERNMENT.
Commissioner of Permanent Seat of Government has authority to hire labor to paint interior of State Capitol.
99-43 Jan 22 OFFICERS.
JUSTICE OF THE PEACE.
Failure to qualify authorizes predecessor to continue in office.
99-43 Jan 23 SHERIFF’S FEES. Not entitled to charge fee unless service is rendered.
99-43 Feb 3 MUNICIPAL CORPORATIONS. City of the third class liable for court costs, except in certain instances.
99-43 Mar 6 Hon A. L. Wright WITHDRAWN
99-43 Mar 11 ELECTIONS. Election clerks in the Constitutional Convention delegate election selected by the judges of such election.
99-43 Apr 26 GUARDIANS. Parents of minor children under fourteen years of age may waive their rights as natural guardians, and a guardian of the person and estates of such children may be appointed by the Probate Court.
99-43 Apr 27 PROSECUTING ATTORNEY. May maintain the office anywhere.
99-43 May 7 SHERIFFS. No fee unless expressly authorized by statute.
99-43 Oct 6 INSANE PERSONS. Two classes of patients, county and private. Private patient may not be supported by payment to county the amount it pays to State for support as county patient.
99-43 Nov 16 COUNTY COURTS.
POOL TABLE LICENSE.
County Court is not authorized to collect a license tax from a club where tables are used by members without charge.
100-43 Aug 25 SHERIFF’S FEES. Fees of Sheriff for commitment in cases where defendant is sentenced to Algoa.