1944 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
3-44 Jan 11 PENAL INSTITUTIONS—OUTSTANDING DUPLICATE DRAFT. Statute provides no way to clear records on outstanding duplicate draft.
3-44 Jan 12 STATE TREASURER—AUTHORITY AS TO OUTSTANDING CHECKS. Where State Treasurer issued a check as provided by statutes and the same is lost, he may require bond before issuing duplicate check—Commissioners of the Department of Penal Institution shall have power to execute such bond.
3-44 Apr 21 BONDS. Penal Commissioners personally liable on bond to State Treasurer.
3-44 Oct 6 PENAL INSTITUTIONS. Agricultural products produced by convict labor can be shipped to another state for use by that state.
5-44 Apr 19 ELECTIONS. Candidate can seek nomination for more than one office on the same party ticket.
7-44 Jan 6 BONDS. 1) Payment of premium on surety bond not mandatory on county court. 2) County court not authorized to pay part of bond premium.
7-44 Nov 17 SPECIAL ROAD DISTRICT.
OFFICERS.
Unless the statutes prescribe a salary for the treasurer of a special road district, his services are deemed to be gratuitous.
9-44 Mar 21 HABEAS CORPUS AD PROSEQUENDUM. The appearance of persons imprisoned may be secured by writ of habeas corpus ad prosequendum in order to prosecute them on indictments for a felony in another jurisdiction in Missouri.
9-44 Sept 14 RECORDER OF DEEDS. Must collect and account for fees for recording deeds and other instruments recorded by county.
10-44 Aug 24 CONSERVATION COMMISSION.
CONSTITUTION.
Conservation Commission is unauthorized to pay out public funds for a short-term insurance policy on conservation agents for two-day open deer season.
11-44 Mar 22 STATUTE OF LIMITATIONS. Under Section 1015, R. S. Mo., 1939, actions against circuit clerk and ex-officio recorder for liability incurred by acts in official capacity must be brought within three years from date cause accrues in the absence of a showing of fraud or concealment.
12-44 Apr 20 PRIMARY.
CANDIDATES.
Last filing date for candidates for August 1944 primary is April 25, 1944.
12-44 Apr 28 SCHOOLS. Judges and Clerks of School elections not criminally liable for opening ballot boxes after school election, provided there is no violation of Sec. 4357, R.S. Mo., 1939.
13-44 Feb 15 PROBATION AND PAROLE.
DESTRUCTION OF RECORDS.
Board of Probation and Parole has no authority to destroy permanent files and records of department.
13-44 Mar 7 CHILDREN.
ADOPTION.
Court is authorized under Section 9611B, Laws of 1941, page 319, to issue order allowing inspection of records and files in adoption cases.
13-44 Nov 21 CRIMINAL LAW. Officers of Board of Probation and Parole may not exercise powers of arrest provided by Sec. 9162, R. S. Mo., 1939, as far as judicial paroles are concerned.
14-44 Mar 22 APPROPRIATION.
KOCH HOSPITAL, ST. LOUIS, MO.
Section 7 of the Appropriation Act of 1943, Laws of 1943, Page 22 and 23, and Section 15181, Revised Statutes of Missouri, 1939, construed.
16-44 Aug 22 TOWNSHIP ORGANIZATION. Annual settlement with the county clerk by township trustee required by Section 13967, R. S. Mo. 1939, but audit of the books and accounts of the township trustee by the county clerk is not required by law.
16-44 Sept 20 CONFEDERATE HOME. In the event of failure of Legislature to comply with terms of deed and statute in maintaining Home and its inmates, State’s title cannot be divested without consent of Legislature.
16-44 Oct 13 SCHOOL DISTRICTS. School Board has no power to spend district’s money for public road purposes.
18-44 Jan 24 Captain Osro Cobb WITHDRAWN
18-44 May 1 ELECTIONS. Declaration of candidacy required by Sec. 11550 R. S. Mo., 1939, may be signed and filed by duly authorized agent.
19-44 Mar 8 TAXATION AND REVENUE. Tax deed conveying land of army inductee should not be made and delivered until after full compliance with Soldiers’ and Sailors’ Relief Act.
19-44 Mar 25 HOSPITALS.
MUNICIPALITIES.
City ordinance did not provide authority for use of hospital fund in the erection of an addition. If doubt arises out of the use of words employed, it is to be resolved in favor of the public and in favor of limiting the expenditures of the appropriation to the express terms for which it was made.
19-44 Sept 21 Mr. Robert L. Cowan WITHDRAWN
20-44 Jan 20 TAXATION. County Court cannot increase a year’s tax levy to produce an amount in excess of 10% of the previous year’s levy; how illegally paid tax can be recovered.
20-44 Feb 16 SCHOOLS.
DIRECTORS.
Directors of Consolidated Schools may not invest surplus building funds in United States Bonds.
20-44 Mar 22 SPECIAL ROAD DISTRICTS. Current revenue may be applied only to current debts, and back and outstanding warrants may be paid only from surplus and delinquent taxes.
20-44 June 12 PUBLIC OFFICERS. Section 10342 A, Laws of Mo., 1943, p. 890, is not retroactive in requiring terms of new teacher’s contract to be same as terms of teacher’s contract for year preceding effective date of act.
22-44 Aug 15 ELECTIONS.
ABSENTEE BALLOTS.
If a person in the armed services of the United States applies only for a primary election ballot, he would not automatically be entitled to have a general election ballot forwarded to him without a new application therefor.
24-44 Jan 25 ELECTIONS. Amending absentee voting laws.
24-44 Jan 26 PURCHASING AGENT. An employee of a department may be designated to certify as to sufficiency of appropriations and allotments on purchases through purchasing agent.
24-44 Jan 31 APPROPRIATIONS. Deficiency bill pay tuition of Negro students at out-state schools, is valid, even tho obligation was illegally incurred.
24-44 Feb 1 COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS. In determining qualifications of county superintendent for public schools as to whether this officer has taught or supervised schools as his chief work at least two of the eight years next preceding election or appointment, the sum derived by adding one school year to a number of days accumulated during the course of eight years is authorized by this statute. Aggregate of teaching or supervision must be the total of two years and must be taken from the eight years preceding election or appointment.
24-44 Feb 3 APPROPRIATIONS. House Bills 408 and 657: Consistent concurrent appropriations are not prohibited; Department of Resources and Development has charge of State Museum or Missouri Resources Museum.
24-44 Feb 11 COUNTY SUPERINTENDENT OF SCHOOLS. Qualification requirements prescribed in Section 10609 of House Bill No. 94, page 891. Laws of Missouri, 1943, for County Superintendent of public schools have been met by Mrs. Nannie Coward.
24-44 Mar 30 APPROPRIATIONS. Funds appropriated by House Bill 4, 62nd General Assembly, Extra Session, only available to State Board of Education, but that Board may allot funds to Commission for Blind for rehabilitation purposes.
24-44 Apr 7 STATUTES IN EXPERIENCE. Statutes should be construed broadly enough to carry out intention of Legislature. Sec. 8195, R. S. 1939, does not confine those eligible for appointment to those experiences “within” the building & loan business.
24-44 Apr 19 CONSTITUTION.
GOVERNOR’S SPECIAL MESSAGE.
House Bill No. 15 constitutional; the amendment comes within the terms of the Governor’s Special Message.
24-44 May 3 OFFICERS. Compensation of State Service Officer may not be increased during present term to $3600.00 as provided by House Bill No. 28, 62nd General Assembly.
24-44 May 10 STATE BUILDING COMMISSION. Circumstances under which contracts may be let on a fee basis.
24-44 May 18 Hon. Forrest C. Donnell WITHDRAWN
24-44 May 19 DEFICIENCY APPROPRIATIONS. Invalid when passed by satisfy claims arising out of a contract or agreement made in violation of the State Budget Act.
24-44 June 15 GEOLOGIST. May employ assistants on monthly salary basis, if salary is not in excess of daily maximum.
24-44 June 21 APPROPRIATIONS. Section 6, H. B. 657, Laws of 1943, page 278, in providing funds for relief of sheriffs who incurred expense without Governor’s warrant is invalid.
24-44 Sept 8 CRIMINAL LAW. Manner of executing death sentence on convict restored to sanity after sentence to death by hanging.
24-44 Dec 8 GOVERNOR. Inspection of bonds enumerated in Section 13086 R.S. Mo. 1939 – Power of State Officers to delegate duty of inspection.
25-44 June 27 ASSESSORS. May appoint deputy to be paid out of the fees allowed to such assessor.
26-44 Jan 27 COURT JUDGES. 1) Associate Judge must be a resident of district in order to qualify; voluntary departure from district works a forfeiture of office. 2) Sections 2475 and 1988, R.S.Mo. 1939 construed.
26-44 Aug 15 SCHOOLS. Board of Regents of State Teachers College may lease facilities of college for joint use with Army Hospital.
26-44 Oct 6 ELECTIONS. In St. Louis City no registration number is required to be placed on ballots; all numbers on ballot must be covered by sticker.
27-44 May 4 RECORDER. Grantees should be named in index in the manner their names appear in deed.
27-44 July 17 INSURANCE. Approval of Amendment to Articles of Incorporation of Physicians Life and Casualty Company, of Springfield, Missouri.
27-44 Aug 23 INSURANCE. Approval of Minutes of special meetings of directors and stockholder of the Commonwealth Life and Accident Insurance Company of St. Louis, Missouri.
27-44 Dec 19 INSURANCE. Approval of Amendment of Articles of Incorporation of Commonwealth Life and Accident Insurance Company of St. Louis, a corporation of Missouri.
27-44 Dec 27 INSURANCE. Approval of Declaration of Intention to Form Corporation – St. Louis Casualty and Surety Company.
28-44 Jan 10 COUNTY CLERK. Not the duty of county clerk to make up Delinquent Personal Tax Books; County Clerk not required to make two complete sets of current personal and current real estate Tax Books.
28-44 Aug 22 ELECTION CONTESTS. Will not lie in elections to determine municipal form of government.
28-44 Nov 30 TAXATION. Surplus from tax sale should be paid to person entitled thereto. In case of redemption, interest should be charged on the purchase price, costs and subsequent taxes paid by purchaser.
28-44 Dec 13 PURCHASING AGENT. Section 56 of House Bill 408, Laws of Missouri, 1943, page 164, does not apply to the purchase of automobiles for state elective officials.
29-44 Jan 31 SCHOOLS AND SCHOOL DISTRICTS. School property does not revert by reason of the temporary non-use of the school premises.
29-44 Feb 14 SCHOOL FUND LOANS. (1) County court must require personal security for all school loans whether made prior to or after passage of 1943 laws. (2) Borrowers must comply with provisions of Sec. 10386, Laws of Mo., 1943, p. 883, whether the loan was made prior to or after the passage of this section.
31-44 Jan 26 ELECTIONS. Absentee votes to be counted by four disinterested persons appointed by the county clerk and either two justices of the peace or two members of the county court.
31-44 Feb 19 PROBATE JUDGE. May obtain a reasonable allotment to care for necessary stenographic services provided he has complied with the provisions of the County Budget Law and the county has budgeted such allotment.
32-44 Jan 12 PROSECUTING ATTORNEY.
ASSISTANT PROSECUTING ATTORNEY.
Appointment; liabilities.
32-44 Mar 29 DEPARTMENT OF AGRICULTURE.
COMMUNITY SALES.
Section 2, Paragraph D., Laws of Missouri, 1943, Page 311 construed.
32-44 June 12 PROSECUTING ATTORNEYS. Payment of statutory fees by warrant or voucher should be made to prosecuting attorney and, in his absence, endorsed by assistant.
32-44 Sept 1 INSURANCE. Persons who are insurance brokers.
33-44 Mar 3 MOTOR VEHICLES. Decision of Commissioner as to type of motor vehicle, classification, computation of fees, final and conclusive on all licenses issued pursuant to Section 8369, Laws of Missouri, 1943, Page 663 to 666 inclusive.
33-44 Apr 10 COUNTY COLLECTOR.
SCHOOL FUNDS.
Forfeited commissions and penalty adjudged against Collector for failure to timely account for tax collections goes into county public school fund.
34-44 Jan 20 SCHOOLS. House Bill 227, Laws of Missouri, 1941, authorizes a common school district adjacent to a consolidated district to become consolidated with such consolidated district in a certain manner.
34-44 Apr 5 CRIMINAL LAW. Admissibility of evidence of prior offenses and of charges under different statutes. Election of county in information.
34-44 Sept 23 GENERAL ELECTION. Where political party fails to nominate a person for County Surveyor, County Clerk shall provide proper space on the ballot for voters to write in name of person they desire to be elected for such office.
35-44 Mar 24 SCHOOLS. Filling of vacancy in office of School Director of Consolidated School District at annual meeting, a void act, where notice under Section 10418, R. S. Mo., was not given beforehand.
35-44 July 7 CITIES. Words “previous year” in Sec. 6976, R. S. Mo., 1939, refer to previous year in which city actually levied a tax.
35-44 Sept 11 MUNICIPAL CORPORATIONS. Cities of the 4th class may acquire easement in street for storm sewer, and may maintain same after street is vacated for travel.
35-44 Oct 10 CITY AND AIRPORTS. West Plains may lease an airport under Section 15122, Revised Statutes 1939.
37-44 Jan 19 COUNTY COURTS REGISTRARS. County Court should not pay for supplies for the Registrar of Vital Statistics.
37-44 Feb 8 HABITUAL CRIMINAL ACT. For prosecution under Habitual Criminal Act it is only required that previous crime be punishable by imprisonment in the penitentiary.
37-44 Oct 21 TAXATION. Deed under Jones-Munger law conveys fee simple title, subject only to certain taxes.
37-44 Nov 24 PROSECUTING ATTORNEYS. Under Sections 4876 and 4878 R. S. Mo. 1939, must investigate as well as prosecute violators of liquor control act. A sound discretion must be used to determine extent of investigation.
38-44 May 10 CONVEYANCE. Maker of a note secured by a deed of trust cannot release record after payment of such note.
38-44 May 20 MISSOURI STATE SCHOOL. Accepting patients.
41-44 Jan 20 SCHOOL DISTRICTS. May sell school buildings if no longer required and new building is provided.
41-44 Jan 24 TAXATION.
TAX SALES.
Form of Trustee’s Deed.
41-44 Mar 17 COUNTY BUDGET ACT.
COUNTY COURT.
County court cannot rebudget or amend budget after final approval and certification.
41-44 June 14 REAL ESTATE COMMISSION.
APPLICATION FOR RENEWAL LICENSE.
Commission does not have power to request a certificate from applicant as to sales made between date of expiration of former license and renewal application.
41-44 June 30 OFFICERS.
MILITARY SERVICE.
Whether enlistment in United States Maritime services creates a vacancy, is a matter for judicial interpretation.
41-44 Oct 11 MISSOURI REAL ESTATE COMMISSION.
REVOCATION OF LICENSE.
The date of a conviction fixes the jurisdiction of the Commission in revocation of license. Using the mails to defraud in connection with S.E.C. regulations comes within the provisions of Section 14 of the Missouri Real Estate Act relative to revocation of licenses.
42-44 June 15 DEPUTY RECORDER. Compensation of Deputy Recorder must be paid from fees earned by the office of Recorder of Deeds.
43-44 June 5 VITAL STATISTICS. Local Registrars in cities 10,000 to 30,000 must supply city Board of Registrars monthly list of deaths of persons over 21 years of age, during preceding month.
43-44 July 28 SHERIFFS. Not authorized to make a charge for attendance on the juvenile court and another charge for attendance on the circuit court on the same day, in the same circuit.
44-44 May 29 MISSOURI SCHOOL FOR DEAF. Board of Managers must first obtain authority through an appropriate act of General Assembly before a building may be razed.
46-44 Jan 11 CONFEDERATE HOME. Five questions relative to the transfer of the management of the Confederate Home from the Board of Trustees of such home to the Board of Managers of the State Eleemosynary Institutions.
46-44 Jan 20 MARRIAGE. Eleemosynary Institution laboratories are not approved by the State Board of Health to permit them to make blood tests under section 3364A.
46-44 Feb 8 TREASURER.
COUNTY COURT.
Treasurer may be reimbursed for necessary clerical hire.
46-44 Feb 9 ELEEMOSYNARY INSTITUTIONS. Leases on a crop-rent basis may be made for a period in excess of two years.
46-44 Apr 19 ASSESSORS. Not entitled to compensation for assessing non-taxable property.
46-44 June 13 COUNTY COURT. School fund mortgages. Rate of interest. Reduction of interest before termination of contract.
48-44 Aug 18 TOWNSHIP COLLECTORS.
OFFICERS.
Township collector may appoint deputy to perform ministerial duties, “Abandonment” of office is question of fact, failure to personally perform duties must be decided by ouster suit.
48-44 Aug 31 TOWNSHIPS. Debts in excess of anticipated revenue are invalid.
48-44 Sept 20 Hon. H. A. Kelso WITHDRAWN
48-44 Nov 22 GAMING. Bingo is prohibited even if proceeds go to charity lottery.
49-44 Feb 3 COUNTY COURT.
BONDED INDEBTEDNESS.
TAXATION.
County Court cannot divert to the County Revenue Fund money collected to pay off bonded indebtedness.
49-44 May 15 Marriage licenses. Duty of recorder of deeds to record returns of marriage licenses.
51-44 Feb 11 NURSES’ EXAMINATION. Statute does not require citizenship.
56-44 July 26 CORPORATIONS. Attorney for stockholder who is not an officer of the corporation cannot file affidavit for registration.
57-44 Jan 20 LIQUOR LICENSE. County Court is not authorized to return license fee paid into county treasury after vacation of premises or abandonment of business by licensee.
57-44 Feb 5 PROBATE JUDGE. Cannot secure additional compensation for performing duties of office where there is no special statute authorizing it.
57-44 Feb 11 RECORDER OF DEEDS. Conservator duly appointed by Federal Home Loan Bank Board upon liquidation of Federal Savings and Loan Association would have authority to release deeds of trust and the Supervisor of Building and Loan Associations of Missouri has no control over the situation.
57-44 Mar 6 COUNTY COURT. Under Sec. 11118, R. S. Mo. 1939, until taxes on real estate have been paid and collected, whether delinquent or otherwise, county court has authority to correct errors in valuations, assessment and levy, and may order such levy changed to conform to the requirements of the law.
57-44 Apr 3 Miss Helen Masterson WITHDRAWN
57-44 Apr 10 COUNTY COURTS. No statutory authority to sell, discount or assign notes or bonds.
57-44 July 14 CHILDREN. “Neglected Child” question of fact. Would not include child suffering from cruelty of parents in counties of less than 50,000.
57-44 Aug 9 SCHOOLS. Where default occurs on loan of surplus school funds made under sections 10434 and 10435, R. S. Mo., 1939, County Court makes order of foreclosure as is provided by Sec. 10387 R. S. Mo. 1939.
57-44 Sept 21 RECORDER OF DEEDS. A fee may not be charged by a Recorder of Deeds for recording a discharge of a soldier in military service.
57-44 Nov 18 ABSENTEE BALLOT. Absentee ballot of person who expects to be absent from his county, but within the State on election day, should be counted although voter happens to be out of State all or a portion of election day.
58-44 May 24 ELECTIONS. Absence from State on military service is not itself a change of residence as would bar candidacy for public office.
59-44 Feb 3 PROBATE JUDGE. May resign office.
60-44 May 10 ELECTION. Section 11550, as enacted by the 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.
62-44 June 28 COUNTY TREASURER.
OFFICERS.
Field Representatives of State Service Officer not public officers. Nor do statutes preclude holding office of field representative and County Treasurer at same time. Offices are not incompatible.
62-44 Aug 24 MOTOR VEHICLES. Farmers operating motor vehicles within this state carrying their own farm products must display their name and address and weight of the vehicle. Also display the word “‘Local’” on said motor vehicle.
62-44 Sept 15 ASSESSMENTS. State Tax Commission cannot review assessments made by city assessing authorities.
62-44 Nov 29 TAXATION. Three Story Masonic Lodge building having two stories rented commercially is not exempt from taxation.
64-44 Sept 21 ROADS AND BRIDGES. Sec. 8668, R. S. Mo. 1939, is not applicable to counties having a population of 20,000 and not more than 50,000 inhabitants.
66-44 Jan 15 COUNTY COURT. The county court has jurisdiction to correct taxes extended against exempt property, but no authority to change taxes extended before the property became exempt.
66-44 Jan 20 COUNTY COURT. County Clerk cannot designate a judge to be presiding judge under Section 2493, R. S. 1939, when the duly elected presiding judge is present.
66-44 Mar 28 COUNTY JUDGE – COMPENSATION. Single county judge who appears, to act as member of court at times provided by law, is entitled to compensation.
66-44 July 14 FEES – PROBATED JUDGES. Probate Judges are entitled to fees for certifying to assessors lists of administrators and may retain same if it is in excess of salary.
66-44 July 28 RECORDERS - DUTIES AS TO CHATTEL MORTGAGES. It is not necessary that a certificate of title be presented at the time a chattel mortgage on an automobile is recorded.
67-44 Jan 20 RECORDER OF DEEDS. As a compensation for making and preserving direct and inverted indexes only a fee of ten cents shall be collected for each instrument affecting real estate recorded.
67-44 July 10 FEES – CONSTABLES. Constables shall collect fees as provided under Section 13399, Laws of Missouri, 1943, for serving process in criminal cases.
68-44 Jan 24 MISSOURI LIBRARY COMMISSION TRUST. The Missouri Library Commission may receive gifts of money, books or other property, which may be used or held in trust for the purposes given by the person creating said trust.
69-44 Jan 31 Miss Hazel Palmer WITHDRAWN
70-44 Oct 11 COUNTIES. Abolition of township organization creates vacancy in office of county collector, which is filled by the Governor.
71-44 Jan 5 PROBATE JUDGE. Probate Judges of counties now having, or which shall hereafter have less than 19,000 population, shall charge the fee, authorized by statute, for each official act performed by him as such officer. He shall at the end of each month, make and file a report with the County Clerk. 1. Of all fees earned and collected. 2. All fees earned by not collected. The fees collected for (a) Solemnization of marriages and (b) Hearing and determining inheritance tax matters may be retained by the Probate Judge and no accounting is required.
71-44 Feb 25 PROBATE JUDGES’ FEES. Do not have to account for acknowledgments and affidavits where probate seal is used, if fees therefor not chargeable against estate pending in his court.
72-44 Jan 28 CONSTITUTION. Section 14, Article X, Constitution of Missouri, should not be withdrawn.
72-44 Feb 4 SHERIFFS.
MORTGAGES.
Deputy sheriff may foreclose mortgages in the absence of the regular sheriff.
72-44 Feb 18 Hon. C. H. Plye WITHDRAWN
73-44 Apr 17 JUSTICES OF THE PEACE.
OFFICERS.
Wife of justice of the peace may not perform his duties of office during his absence as a member of the Armed Forces.
73-44 June 13 CITIES. Cities of the third class not subject to taxation on airport owned in another county. May reasonably extend limits to include adjacent territory. Reasonableness largely question of fact.
73-44 Sept 8 SCHOOLS. School District sending pupils to another district may not claim credit on tuition for taxes paid by residents of its districts to receiving district.
74-44 Jan 3 Mrs. Ada Reynolds WITHDRAWN
75-44 Oct 27 Mr. George A. Riley WITHDRAWN
76-44 Jan 11 COUNTY SURVEYORS. Who are ex officio highway engineers must pay registration fee as provided by C. S. S. B. 61, Laws of Mo. 1941.
76-44 Jan 13 COUNTY DEPUTY CIRCUIT CLERK.
SALARY.
Circuit Judge, or Judges, may increase the compensation of deputy circuit clerk.
76-44 Nov 16 TAXATION. Associations organized under Article 23, Chapter 102, R. S. Mo. 1939, are not exempt from merchant’s tax.
77-44 Mar 15 MISSOURI REAL ESTATE ACT.
CONVICTION.
PARDON.
A pardon does not permit the Missouri Real Estate Commission to issue a broker’s or salesman’s license to one who has been convicted of offenses designated in Section 14 of the Missouri Real Estate Act.
78-44 Apr 19 Hon. Roy Scantlin WITHDRAWN
78-44 June 17 SCHOOLS. State Superintendent may revoke state teacher’s certificate for any grounds mentioned in Sec. 10631, R. S. Mo. 1939, and he is not confined to grounds specified in Sec. 10599, R. S. Mo., 1939.
78-44 Aug 24 CITIES OF THE THIRD CLASS. 800 foot street improvement shall be done under Section 6989, R. S. Mo. 1939; owners of church property have right to file remonstrances.
79-44 Jan 19 Hon. Theo. R. Schneider WITHDRAWN
79-44 Feb 7 INSURANCE. Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of American Automobile Insurance Company.
79-44 Feb 7 INSURANCE. Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of Equity Fire Insurance Company.
79-44 Mar 17 INSURANCE. Approval of papers as to form and sufficiency submitted in connection with change of Articles of the Central Mutual Casualty Company of Kansas City, Missouri, organized under Article 7, Chapter 37, R. S. Mo. 1939.
79-44 Mar 31 INSURANCE DEPARTMENT.
IMPOUNDED FUNDS.
Insurance Companies may take credit in their 1943 tax return under Sections 6094, 6095, R. S. Mo. 1939, for impoundings ordered returned to policyholders.
79-44 May 3 INSURANCE. Approval of proceedings at meeting of stockholders and directors of St. Louis Fire and Marine Insurance Company, increasing capital stock and number of directors and reducing par value of common stock.
79-44 May 5 INSURANCE. Approval of proceedings at the meeting of stockholders of Central Surety and Insurance Corporation, amending Article 3 and repealing Article 6 of the Articles of Incorporation.
79-44 May 5 INSURANCE. Approval of proceedings at meeting of stockholders of Central Surety Fire Corporation, amending Article 3 and repealing Article 6 of the Articles of Incorporation.
79-44 May 9 INSURANCE. Approval of Amendment to Articles of Incorporation of Utilities Insurance Company, St. Louis, Mo.
79-44 June 3 LIQUOR. County must pro rate license tax for period less than full license year as State is required to do under Sec. 4897, R. S. Mo., 1939.
79-44 Aug 22 INSURANCE. Approval of Amendment to Articles of Association of Old American Insurance Company, a corporation, of Jackson County, Missouri.
79-44 Nov 21 SCHOOLS.
MISSOURI SCHOOL FOR THE DEAF.
Pupil cannot be excluded because he refuses to submit to medical treatment but can be excluded temporarily to prevent spread of contagious diseases.
79-44 Nov 21 INSURANCE. Approval of Amendment to Articles of Association of Reserve Mutual Fire Insurance Company, a corporation, of Missouri.
79-44 Nov 21 INSURANCE. Approval of Amendment to Articles of Association of Reserve Mutual Casualty Company, a corporation of Missouri.
80-44 Sept 7 LINCOLN UNIVERSITY. Curators of Lincoln University may not lawfully pay the tuition for negro students at St. Louis University in Missouri under the terms of Section 10779, R. S. Mo. 1939.
81-44 Jan 6 TAXATION. Distribution of surplus from general tax sale after payment of taxes, penalties, interest and costs.
81-44 Feb 24 RECORDER OF DEEDS.
BILLS OF SALE.
A Recorder may refuse to record a proported Bill of Sale unless it is acknowledged in compliance with Section 3416, R. S. Mo. and if attempted to be recorded by proof, then Sections 3418, 3419 and 3420, R. S. Mo. 1939, must be complied with.
81-44 May 2 COUNTY COURT.
SHERIFF.
The Sheriff of Lawrence County not entitled to receive any of the official salary budgeted by the County Court for compensation of a jailer appointed by Sheriff and later discharged by him. Sheriff’s compensation not increased or diminished during the term of office for which he was elected.
82-44 Jan 19 SCHOOL DIRECTOR. Induction of School Director into Armed Forces does not affect his tenure of office.
82-44 Mar 7 SCHOOLS. Sending district where pupil resides must pay non-resident tuition under section 10458, R. S. Missouri, 1939. “Residence” is determined by facts in each particular case.
82-44 Mar 10 COUNTY COURTS. County Courts may purchase real estate improved or unimproved as an addition and enlargement of court house facilities; payment subject to the county budget law and section 13118. R. S. Missouri, 1939.
82-44 Apr 15 SCHOOLS. Under Section 10410 R. S. Mo., 1939, Board of Arbitration passing on change of boundaries between two districts NOT authorized to allow change of one district is left with less than twenty persons of school age, or if territory to be added to other district does not contain persons of school age.
83-44 Jan 11 PURCHASING AGENT. Cannot prescribe manner or payment of rental accounts; nor is certification required under Sec. 14592, Laws 1943, p. 1005, on rental accounts.
83-44 Feb 8 RECORDER OF DEEDS. 1) When a paper writing proporting to be a last will & testament may be refused for recording. 2) Four questions dealing with the releasing and cancelling of notes and releasing of deed of trust securing same of record in the recorder’s office. 3) a) Three day waiting period for issuing marriage license may be dispensed with on order of circuit or probate court or judge thereof in vacation giving authority to recorder. 3) b) Applicant who is pregnant may dispense with certificate of serological test for syphilis by presenting certificate of licensed physician so stating, to the recorder.
83-44 Feb 25 PROBATE JUDGES’ FEES. Maximum retention of fees permissible for 1941 and 1942.
83-44 Apr 21 ROADS AND BRIDGES. The word “shall”, as used in Section 8514, R. S. Missouri, 1939, is to be construed in a directive or permissive sense; that the words “biennially thereafter”, as contained in said section, are to be construed as at least two years must elapse before a County Court shall have authority to change the boundaries of a road district formerly created under said section.
83-44 June 21 FUND COMMISSION.
ESCHEAT.
BOARD OF EDUCATION.
May not invest escheated funds in government bonds until escheat becomes absolute and money is paid into public school fund and then it is duty of board of education to direct such investment.
83-44 Oct 10 POOL, BILLIARD AND OTHER TABLES. Construction of certain sections contain in Chapter 135, with reference to issuing license.
83-44 Oct 27 SCHOOLS. Money received by consolidated district from consolidation of school house must be paid into “Building Fund.”
83-44 Nov 30 TAXATION. County collector in counties of 200,000 to 700,000 population not entitled to fees allowed by Section 11117, but county clerk is entitled to fees allowed him by said section.
84-44 May 15 ELECTIONS. Inductees not yet sworn in cannot vote an official war ballot.
85-44 Feb 1 COUNTY COURT.
ROAD DISTRICTS.
County court may change the boundaries of road districts and may organize only one such district for the whole county.
85-44 June 13 STATE BOARD OF HEALTH.
MERIT SYSTEM.
Sec. 71, Laws of Mo., 1943, p. 256, gives authority to State Board of Health to establish and operate under a merit system of personnel administration.
86-44 May 22 ELECTION LAWS. Section 11539, Laws Mo. 1941, p. 355 and Section 11539, Laws Mo. 1941, p. 365, when considered together are not in conflict.
86-44 May 22 TRADE MARKS.
REGISTRATION OF VESSELS.
Section 15472, R. S. 1939, pertains only to the registration of name of owner. Statute does not provide for registration of “bottle cases.” Application may be made for only one owner at a time.
86-44 July 13 CONSTITUTIONAL AMENDMENT. Title for proposition to permit Legislature to control school fund.
86-44 Aug 10 BONDS. Disapproved for failure to comply with language of the statute.
86-44 Aug 15 CONSTITUTIONAL AMENDMENT.
ELECTIONS.
Title for proposition to create unicameral legislature.
86-44 Aug 25 ELECTIONS. Mandatory for Secretary of State to prescribe weight and size of ballot for absentee soldier voting.
86-44 Nov 17 PROSECUTING ATTORNEY. Commission to Prosecuting Attorneys elected to new terms, beginning January 1, 1945, may issue now.
87-44 Jan 11 SOLDIERS.
STATE BOARD OF HEALTH.
Soldiers, sailors and marines in service or honorably discharged from service, or dependents of any soldier, sailor or marine shall not be charged for certified copies of public records in the care and custody and control of the State Board of Health, where such copy is to be used to establish a claim with the United States government.
89-44 Mar 11 INHERITANCE TAX. Procedure.
89-44 Mar 27 TAXATION AND REVENUE. Township road and bridge fund may not be expended in improving streets in cities of the fourth class except for improving portions of such city streets which form connecting links in a system of public roads of the county.
89-44 May 16 SPECIAL ROAD DISTRICTS. May be formed within limits of incorporated township and include area of city of fourth class.
89-44 Aug 14 SPECIAL ROAD AND BRIDGE FUND. Authority of township directors, under township organization, to use special road and bridge fund in improving or repairing any street in a city within said township.
89-44 Nov 27 ROADS.
COUNTY COURT.
Damages occasioned by relocation may not be paid by county unless road established and damages ascertained as provided by law.
90-44 May 29 LABOR. Sec. 10175 authorizing 5 days’ pay to be withheld by employer from employees’ wages, does not control the disposition of the sums withheld.
90-44 July 13 LABOR.
DAY.
WOMEN.
The word “day” as used in Section 7815, Laws of 1913, includes the 24-hour period from the time employee starts to work.
90-44 Sept 1 CHILD LABOR LAW.
EMPLOYMENT OF CHILDREN.
Private hospitals employing children under 16 years of age are commercial enterprises, and within the child labor laws respecting certificates of age, type of work, maximum hours, and minimum age, etc.
93-44 Feb 7 ELEEMOSYNARY INSTITUTIONS. How patient may be admitted to the school at Marshall—method of determining whether such person shall be sent as a County patient.
93-44 Aug 24 OFFICE OF PROBATE JUDGE.
VACANCY.
ELECTIONS.
Nomination of candidate where vacancy occurs in the office by death of the incumbent after primary election.
95-44 Mar 1 JUSTICES OF THE PEACE.
DURATION OF OFFICE.
On failure of successful candidate for office of Justice of the Peace to secure his commission and take oath of office in qualifying himself to hold office, the then present incumbent of such office continues to hold the office until his successor is elected and qualified.
96-44 Apr 19 INCOME TAX. Salary of men in service subject to state income tax.
97-44 Jan 6 COUNTY COURT. The County Court has the authority to sell or trade the county jail.
97-44 Jan 24 SCHOOLS. (1) Directors of school district cannot donate to the American Red Cross from funds of the “incidental fund”; (2) Directors of such school district cannot invest surplus funds in the “incidental fund” in United States bonds.
97-44 Jan 25 ACCOUNTANCY, STATE BOARD OF. Required to maintain an office in Jefferson City, Missouri, as provided by Section 14906 of the Laws of Missouri for 1943.
97-44 Feb 4 COUNTY COURT BUDGET. Class 5 of Section 10914, Laws of Missouri, 1941, page 652, construed.
97-44 June 12 COUNTY CLERKS.
BALLOTS.
ELECTIONS.
Unnecessary for County Clerk to advertise for bids for printing of ballots for election.
99-44 Jan 4 COUNTY COURTS. May charge County Agent office rent for rooms used by him in County Courthouse.
99-44 Jan 13 ROADS AND BRIDGES. Road district levy under Section 8619 and Sec. 23, Art. 10, Mo. Const. cannot be made by county court until authorized by majority vote of road district.
99-44 May 12 ELECTION. Section 11550, as enacted by 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.