1945 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-45 Jan 2 CONSTITUTIONAL ELECTIONS. County Courts cannot consolidate election precincts for the constitutional election February 27, 1945.
2-45 Aug 4 SCHOOL DISTRICT TAXES. Changes in New Constitution will have no effect on the present school year’s income. The assessment now being made on merchants’ and manufacturers’ will be available for the fiscal school year of 1945-1946.
2-45 Aug 11 MARRIAGE LICENSES. Duties of recorder of deeds in issuing marriage licenses to minors.
2-45 Oct 25 PAUPERS.
BURIALS.
CORONERS.
DEAD HUMAN BODIES.
Duty of coroner to bury dead body of pauper after inquest no longer exists; where body is claimed by relative, county where dead man resided has duty to pay for burial expenses when he is buried and if wife has not the necessary means. Burial must be made at direction or with consent of the County Court.
5-45 Apr 25 TOWNSHIP BOARDS. Township boards will be required to comply with the provisions of Section 8821, R. S. Mo. 1939, in fixing their maximum levy of tax for road and bridge purposes in the year 1945.
5-45 Sept 26 TAXATION. Franchises must be taxed under Class 3 of Section 4, Article X, Constitution of 1945.
6-45 Jan 16 OFFICERS’ COMMISSIONS.
PUBLIC ADMINISTRATORS.
When proper commission was not delivered to Public Administrator by prior Governor and prior Secretary of State, same should be issued by the present Governor, properly attested by the present Secretary of State.
6-45 Apr 27 CORPORATIONS. Secretary of State has no authority to revoke certificate of change of name of corporation.
6-45 July 23 SECRETARY OF STATE. The inclusion of lists of employees of the Departments of State Government who have left the service in the last biennium in the Official Manual of Missouri.
6-45 July 26 Hon. Wilson Bell WITHDRAWN
6-45 Aug 8 STATE SERVICE OFFICER. Salary of State Service Officer.
6-45 Nov 15 STATE SERVICE OFFICER.
OFFICERS.
CIRCUIT CLERK.
A Circuit Clerk may also serve as an Assistant State Service Officer.
6-45 Nov 26 SHERIFF’S OFFICE.
VACANCY.
SPECIAL ELECTION.
TENURE.
When a vacancy occurs in the office of Sheriff, 9 months prior to a general election, the person elected at a special election called by the Co. Court, may hold the office under his commission for the complete period of the unexpired term and until his successor is elected and qualified, at the general election for that office in 1948.
6-45 Dec 19 RAILROADS INCORPORATION TAX - -CERTIFICATE TO CARRY ON BUSINESS IN MISSOURI. A foreign railroad corporation newly organized in another State to purchase, and which does purchase, the assets and property at a foreclosure sale of a former liquidated railroad must pay incorporation tax under Sec. 113, page 470, Laws of Missouri 1943. Secretary of State not authorized to issue certificate to such corporation to carry on a railroad business in this State until such tax is paid.
7-45 Feb 7 COUNTY PURCHASES. No statute requiring county court to advertise for bids in purchase of supplies.
10-45 July 10 COUNTY.
ROADS AND BRIDGES.
Construction of Sec. 8485, R.S. Mo. 1939, in view of facts stated in request.
10-45 Nov 6 TAXES. Employees working in the Dr. Edmund A. Babler Memorial Park do not come within the provisions of the State and Federal Unemployment Compensation Act.
11-45 Feb 26 COUNTY COURTS. Authority to appoint agent under Sec. 13766, R. S. Mo. 1939, and to provide compensation for discharge of duties under such appointment.
11-45 Mar 9 TAXATION.
PERSONAL PROPERTY ASSESSMENT.
Situs of personal property of business and manufacturing corporations for assessment determined by location of personal property on June 1, under Section 109585, R.S. Mo. 1939.
11-45 May 1 GENERAL ROAD DISTRICTS—TAXATION. How road taxes may be levied in road districts other than special road districts under township organization.
11-45 June 11 TOWNSHIP ORGANIZATION. Special Road Districts incorporated in counties under township organization are not entitled to any portion of the taxes arising from levies and charges.
11-45 Sept 6 ELECTIONS. Conviction for felony disqualifies voter until full pardon is granted, except as to persons sentenced to Intermediate Reformatory and disqualified under Section 9120a, Mo. Stat. Ann. (Laws of 1943), or restored to citizenship under Sections 4188, 4210, 4561, 9086 or 9227, R. S. Mo. 1939.
11-45 Sept 26 CRIMINAL COSTS. Fee bills filed with the County Court to be acted upon are subject to the Statutes of Limitations; Defense of limitations may be waived by county.
11-45 Nov 15 CRIMINAL LAW. State has right to appeal only when information or indictment is adjudged insufficient, or where judgment thereon has been arrested or set aside because of the insufficiency of the indictment or information.
11-45 Dec 29 ELECTIONS.
COUNTY COURTS.
COURTHOUSE AND JAIL BONDS.
Time of calling of special election, upon proper presentation of petition, vested in the County Court.
12-45 Mar 2 SCHOOLS. Three questions regarding extension of city or town school district by extension of city or town limits.
12-45 Sept 11 MAGISTRATE.
OFFICERS.
Qualifications for office of Magistrate under Section 25, Article V, of the Constitution of Missouri, 1945.
13-45 Jan 31 SALARIES AND FEES. Board of Probation and Parole should pay the salary of the secretary employed by it and located in the office of the Lieutenant Governor; also pay their proportionate part of the janitor’s salary used for it in said office.
13-45 Mar 8 COURTS. When held on holidays.
13-45 May 7 COUNTY HOSPITAL. County Court is without authority to change location of county hospital built under provisions of Section 15192, R. S. Mo. 1939.
13-45 May 31 NEPOTISM. Relationship existing between step-father and step-son.
13-45 June 8 Hon. L. Madison Bywaters WITHDRAWN
13-45 June 13 COUNTY TREASURERS WARRANTS. Treasurer should not pay warrants upon which judgments have been rendered.
13-45 Aug 9 INTOXICATING LIQUOR. Liquor tax provided in Section 4900, R. S. Mo. 1939, to be paid before sale or delivery in the State of Missouri for Naval areas in the State of Missouri.
13-45 Sept 26 SALARIES AND FEES.
COUNTY SURVEYOR.
County surveyor in counties of 20,000 to 50,000 inhabitants, who is also ex officio highway engineer, can charge for fees allowable under statutory provisions.
13-45 Oct 9 RECORDER OF DEEDS. To issue certified copy of records free of charge to veterans when such records are to be used to claim benefits under the Service Men’s Readjustment Act of 1944.
14-45 May 4 EMBALMING.
CORONER.
Authority of coroner to send dead body to undertaker.
15-45 Oct 22 SCHOOL FUND LOANS. Applicability of Sec. 7, Art. IX, of the Constitution of 1945 to outstanding school fund loans and to investments of the capital of county and township public school funds.
15-45 Oct 25 INHERITANCE TAX.
STATUTE OF LIMITATIONS.
Applicability to Sec. 577, R.S. Mo. 1939, and Sec. 597, R.S. Mo. 1939 (prior to amendment, Laws 1943, p. 307).
16-45 Mar 19 SCHOOLS. Applicability of Section 7, Article IX, of the new Constitution of Missouri to outstanding county school fund loans.
16-45 May 22 CONSTITUTIONAL LAW.
EFFECTIVE DATE OF STATUTES.
Time for preparing resolution authorized by Section 29, Art. III of the Constitution. Effect of Section 659, R. S. 1939.
17-45 Feb 8 CONSTABLE AND OFFICERS. May constable qualify who failed to take the prescribed oath within the time provided by statute.
17-45 June 29 STATE GEOLOGIST POWER TO APPOINT AN ENGINEER & ASSISTANTS. Section 14892, R.S. Mo. 1939, not mandatory in requiring appointment of competent engineer and assistants. Such appointees when appointed are employees, not officers. District Engineer of the United States Geological Survey is eligible for such appointment.
17-45 Aug 1 COUNTY COLLECTORS. Regarding the purchase of tax receipt books by county collector.
17-45 Oct 18 BUILDING FUND OF CONSOLIDATED SCHOOL DISTRICT. 1. Can Building Fund be transferred to Incidental Fund. 2. If such fund is so transferred, would the County Treasurer be protected, etc., by warrant of Board of Education.
17-45 Oct 22 SCHOOL FUND LOANS. Applicability of Sec. 7, Art. IX, Constitution of 1945 to outstanding county school fund loans and to disposition to be made of fines and forfeitures.
18-45 Jan 3 PROSECUTING ATTORNEYS. Prosecuting Attorneys entitled to receive compensation for office while legally holding title thereto.
19-45 Aug 20 JUVENILE COURT. Deputy probation officers in Jackson County may receive not to exceed $3,000.00 per annum; Clerks and stenographers may receive not less than $1500.00 nor more than $2400.00 per annum; all of said salaries to be set by the Circuit Court.
20-45 Jan 24 PROBATE COURTS. Regular term in session ends upon death of the Judge.
20-45 Sept 12 COMMUNITY SALES. State Veterinarian given power to approve veterinarians examining livestock at sales.
21-45 Nov 21 TAXATION AND REVENUE. Method of assessing property of manufacturing corporations.
22-45 Mar 27 MISSOURI STATE MUSEUM. (1) Authority of Missouri State Department of Resources and Development with respect to exhibits not in Museum and exhibits hereafter acquired; (2) suggested forms of agreements to be used in acquiring exhibits; (3) suggested form of agreement to be used in making loans of exhibits.
22-45 Apr 25 MISSOURI STATE DEPARTMENT OF RESOURCES AND DEVELOPMENT. Duties and authority with respect to functions previously discharged by the Planning Board of the State of Missouri and with respect to the Missouri State Museum.
22-45 July 27 LEGISLATURE. Duly elected officers of the House of Representative entitled to compensation as provided by law until the end of the session in which they have been elected, unless sooner removed by the members of the Legislature.
22-45 Sept 20 MUNICIPAL CORPORATIONS. Authority to acquire and control real property for the purpose of operating airports within and without the State of Missouri.
24-45 July 17 SERVICEMEN. Certain parts of Senate Bill No. 32 unconstitutional.
24-45 Aug 20 COUNTY SURVEYORS. Qualifications of persons elected or appointed to the office of County Surveyor.
24-45 Dec 13 PARDON AND PAROLE. Six questions regarding authorization of the Governor, Board of Probation and Parole, and Board of Penal Commissioners to issue commutations, parole, or pardons to inmates at the Missouri Training School for Boys, Industrial Home for Girls, and Industrial Home for Negro Girls.
26-45 Jan 12 ELECTION. Precincts cannot be consolidated nor canvass lists omitted in Kansas City for Special Constitutional Election on February 27, 1945.
26-45 Jan 24 COUNTY CLERK. County Clerk not entitled to pay from School Funds for making loans.
26-45 Feb 1 STATE FAIR GROUNDS. Repeal of clause in Section 14155, R. S. Mo. 1939, would not eliminate reverter clause from conveyance by which state acquired title.
27-45 Jan 29 RECORDERS OF DEEDS. Compensation.
27-45 Feb 1 INSURANCE. Approval of increase of capital stock of the Midwestern Fire & Marine Ins. Co., St. Louis, Mo.
27-45 Aug 3 TAXATION AND REVENUE. Duties enjoined upon County Collectors under the provisions of Article 9 of Chapter 74, R. S. Mo. 1939.
27-45 Sept 11 TAXATION. Authority of State Tax Commission to review and correct original assessments.
27-45 Oct 18 TAXATION AND REVENUE. An interest received by purchaser of certificate of purchase in first and second tax sale, and rights of purchaser of certificate of purchase at third tax sale. Section 11126, R. S. 1939, conflicts in part with Sec. 13, Art. X, Const. 1945, but is saved until July 1, 1946, by Sec. 2, Sch. 1945.
27-45 Dec 15 CORPORATIONS. Not liable for franchise tax while charter is forfeit for failure to make reports.
28-45 Mar 8 PUBLIC OFFICERS.
JUSTICES OF THE PEACE.
NEW CONSTITUTION.
Justices of the Peace elected prior to effective date of the New Constitution will continue to serve out their terms.
28-45 June 4 PURCHASING AGENTS.
PENAL INSTITUTIONS.
Purchasing agents, before purchasing tobacco, shall file requisition for said tobacco with the Commission of the Department of Penal Institutions.
29-45 Mar 14 CONSTITUTION. Applicability of Art. X, Sec. 12, of the New Constitution of Missouri to counties under township organization.
29-45 Nov 30 PRIVATE CAR TAX. Officers authorized to supervise expenditure of funds allocated to counties having no township organization.
29-45 Dec 19 Hon. Melvin E. Fish WITHDRAWN
31-45 Apr 11 OFFICERS. County officer may be ousted for willful neglect of duties or failure to personally devote his time to duties of his office.
31-45 Apr 13 COUNTY CLERK. Certain duties in connection with the office of county clerk.
31-45 June 11 PUBLIC RECORDS. When servicemen become entitled to certified copies of records free of charge. Discharges must be recorded free of charge. Recorders are not authorized by statute to charge for making copies of records.
31-45 Nov 2 TAXATION. Incorporated city within special road district under township organization not entitled to funds of the district.
32-45 Feb 24 ROADS.
CRIMINAL LAW.
PUBLIC NUISANCE.
One who damages roads by turning water on it may be prosecuted and, in addition, act may be abated by Prosecuting Attorney as public nuisance.
33-45 Mar 8 TAXATION. Real property acquired by municipality for use as airport is exempt from taxation.
33-45 July 6 COUNTY COURTS. County court may reconsider, set aside or modify its judgment at the same term of court in which the judgment reconsidered was made.
35-45 Mar 2 ESTATE TAX. (1) Applicability of Federal estate tax statutes in determining Missouri estate tax. (2) Applicability of Federal estate tax on property exempt from Missouri inheritance tax in determining Missouri estate tax.
35-45 June 26 Hon. Charles S. Greenwood WITHDRAWN
37-45 Feb 27 DEPARTMENT OF FINANCE. Construing a sales contract as not infringing upon banking business.
37-45 Mar 9 BANKS. Who may rent safe deposit boxes.
37-45 Apr 13 LIQUIDATION OF A LOAN & INVESTMENT CO. Department of Finance may hold funds remaining on liquidation of company.
37-45 Apr 27 LOAN AND INVESTMENT COMPANIES. Procedure by Commissioner of Finance to revoke license.
37-45 July 14 Hon. Leo J. Harned WITHDRAWN
37-45 Sept 24 CORONER.
SHERIFFS.
The coroner should hold an inquest in connection with the performing of an autopsy and it is within the discretion of the county court to pay for the performance of a post-mortem examination. Whether the sheriff is entitled to a fee for driving insane persons, who have escaped from another state to the Missouri State line.
38-45 Jan 27 SHERIFF’S FEES. May only receive compensation for days actually attending court.
39-45 Feb 9 LIQUOR. May sell intoxicating liquor in the original package on the premise described in your request.
40-45 Feb 20 Hon. David W. Hill WITHDRAWN
41-45 Feb 9 REAL ESTATE COMMISSION. Commission not authorized to revoke license on written statement or letter of complainants against licensee; Commission may not take depositions outside State.
41-45 May 4 REAL ESTATE COMMISSION. Banks and trust companies not required to secure real estate broker’s license for the corporation to sell real estate loans, unless bank or trust company engages in the business of making loans for others.
41-45 June 5 CRIMINAL PROCEDURE. When and for what purpose plea of nolo contendere may be used as evidence.
41-45 Aug 10 MISSOURI REAL ESTATE COMMISSION. Power to issue license to minor.
41-45 Oct 18 COUNTY COURTS. The authorization of the County Court of Maries County to contribute funds of the County for the erection of a memorial building under Article II, Chapter 138, R. S. Mo. 1939.
41-45 Oct 23 MISSOURI REAL ESTATE COMMISSION. (1) Authority to issue separate types of licenses to the same person for the same licensing period. (2) Authority to promulgate rules relative to issuance of two separate licenses to same person for the same licensing period.
42-45 June 27 BUILDING AND LOAN.
NOTICE.
Notice of annual or semiannual meetings.
43-45 Jan 16 ELECTIONS. (1) Envelopes used to carry out the provision of the official war ballot law may be amended for use in a special election; (2) Ballot used for civilian absentee voting in special election may be used as ballots for soldier voting.
43-45 Jan 23 COUNTY TREASURER.
DRAINAGE AND LEVEE DISTRICT.
FEES.
Fee and compensation allowed treasurer of levee district organized by county court.
43-45 Apr 4 INTERMEDIATE REFORMATORY.
PENAL.
The court cannot lawfully assess concurrent sentences for burglary and larceny where a person is charged both offenses in same count.
43-45 June 30 Hon. V. Don Hudson WITHDRAWN
44-45 Apr 6 MAGISTRATE COURTS.
JUSTICES OF THE PEACE.
Magistrate Courts law under New Constitution will not become effective until July 1, 1946, unless sooner implemented by legislation.
44-45 Oct 22 SHERIFF’S FEES. Sheriff is not entitled to his fee for services rendered until the litigation is ended.
45-45 Aug 30 BOARD OF HEALTH. Children born in wedlock are presumed to be legitimate, but if person filling in standard certificate of live birth is informed that child is illegitimate it must be so recorded on certificate.
45-45 Oct 5 CHIROPODY. “Podiatry” is synonymous with “chiropody,” and State Board of Health may determine eligibility of any applicant for admission to practice in this state.
45-45 Dec 27 MUTUAL INSURANCE COMPANIES. 1) Mutual Insurance Companies organized under Art. 7, Chap. 37, R.S. Mo. 1939, are not subject to general laws governing stock insurance companies, including statutes vesting in the State Department of Insurance regulation over rates charged by stock companies, and, 2) Mutual Insurance Companies organized under said Art. 7, Chap. 37, may issue a non-assessable policy if such company has a surplus guarantee fund of at least $100,000.00.
46-45 Jan 5 Hon. Ira A. Jones WITHDRAWN
46-45 Jan 17 MISSOURI COMMISSION FOR THE BLIND. Last proviso in Section 9456 construed; also, method for striking names from the blind pension roll by the State Auditor.
46-45 Mar 7 Hon. Ira A. Jones WITHDRAWN
46-45 May 14 BLIND PENSIONS. Commission in determining residence is not bound to follow declared intention but may consider all available facts.
46-45 Sept 27 CRIMINAL PROCEEDINGS. Official court reporter not required to report preliminary hearings. Fee for such work should be 15¢ for 100 words.
46-45 Oct 1 COUNTY COURTS. Regarding the legality of a county road bond issue submitted to the voters, under Section 8607, R.S. Mo. 1939; bond issue void.
46-45 Nov 8 OFFICERS. Employees of this State not prohibited by Article VII, Section 9 of the Constitution of 1945, from holding position of employment under the United States.
46-45 Nov 19 BLIND PENSION. Question of Qualification of an applicant for Blind Pension.
47-45 Mar 20 SPECIAL ROAD DISTRICTS. Right to receive funds arising from taxes levied on property within the boundaries of special road districts organized under the provisions of Art. 11, Chap. 46, R. S. Mo. 1939, in the year of incorporation and organization.
48-45 June 1 COUNTY COURTS.
PINBALL MACHINES.
Cannot require licenses and assess taxes thereon unless empowered to do so by statute.
48-45 July 17 CRIMINAL LAW.
CONSERVATION COMMISSION.
Section 8967, R. S. Mo. 1939, fixes a penalty for the violation of rules and regulations adopted and promulgated by the Conservation Commission.
49-45 Feb 1 COUNTY LIBRARY DISTRICTS. District should not include territory of a school district supporting a public library by school taxes. Manner and time of conducting election on library proposition and qualification of voters.
49-45 Feb 21 APPROPRIATION.
CONSTITUTION.
Section 13051, R. S. Mo. 1939, is not in conflict with Section 43, Article IV, and is therefore constitutional.
49-45 May 11 MILEAGE FEES. Marshal, sheriff or other officer operating under Sec. 13414, R. S. 1939, entitled to charge ten cents for each mile actually traveled in completing service of process, when served more than five miles from place where issued.
51-45 June 14 STATE SENATORIAL REDISTRICTING COMMISSION. (1) Necessity of appropriation by General Assembly for payment of salaries of members of Commission; (2) Right of Commission to reimbursement for outlays for necessary clerical help.
52-45 May 4 CONSTITUTIONAL LAW. Board of Jury Commissioners for Jackson County shall follow provisions of Sections 697 and 719, R. S. Mo. 1939, until July 1, 1946, unless sooner amended to conform to new Constitution.
52-45 May 16 TAXATION.
INCOME TAX.
Is a Missouri resident liable for income taxes on salaries and earning outside of the State of Missouri? Is a citizen of a bordering state liable for income tax on salaries or income earned within the State of Missouri?
52-45 June 20 CONSTITUTIONAL LAW. Senate Bill 165 does not attempt to authorize impairment of obligations of contracts and is not in conflict with the United States Constitution.
53-45 June 18 CORPORATIONS. Authority of co-operative corporations organized under Art. 28, Chap. 102, R. S. Mo. 1939, to deal in the buying and selling of agricultural products.
54-45 July 9 GENERAL ASSEMBLY. Member of General Assembly ineligible for appointment as a member of the local Board of Public Works for the City of Bowling Green, Missouri.
55-45 Aug 18 SCHOOLS. Consolidated district not required to furnish transportation for elementary pupil assigned to a school in another county when such other school is within 31/2 miles of the pupil’s home.
56-45 Feb 6 Mr. Russell Maloney WITHDRAWN
56-45 May 1 PARTNERSHIPS, LIMITED. Corporations and limited partnerships may both use the word “limited” or its abbreviation at the end of the names under which they transact business.
56-45 May 9 SHERIFFS. Can handle criminal cases in Justice Court and receive fees for services.
57-45 Jan 31 AUTOMOBILES. Criminal liability of innocent purchaser of an automobile through forged transfer of certificate of title.
57-45 Feb 6 COUNTY COURTS.
SCHOOLS.
County court cannot borrow county school fund.
57-45 Mar 27 INDIGENT INSANE INMATE OF COUNTY FARMS. County Court cannot recover for maintenance of such person as such inmate.
57-45 May 15 CRIMINAL COSTS. State remains primarily liable for fees of its own witnesses even though judgment may be rendered against defendant for costs.
57-45 Aug 28 CORONER. The Coroner is not entitled to mileage under the statute and taxi fare for travel too.
57-45 Sept 25 SHERIFFS. Fees allowed for summoning petit jury.
57-45 Oct 24 CONSTITUTION.
PROBATE JUDGES.
(1) Construction of Art. V, Sec. 27, Constitution of 1945 with respect to incumbents in the office of probate judge; (2) qualifications of persons appointed as judge of probate to fill vacancies occurring in current term.
58-45 Feb 6 DENTISTRY. Unlawful advertising.
58-45 Oct 24 PARKS. City of second class may lease portion of public park for professional baseball games during limited periods.
59-45 Mar 9 BOARD OF PHARMACY. May not make rules to prevent compounding and dispensing of drugs by a person issued a permit to conduct a drug store or pharmacy in village of less than five hundred inhabitants; but may refuse to grant permit, in its sound discretion.
59-45 June 13 MOTOR VEHICLE COMMISSIONER.
SECRETARY OF STATE.
Motor Vehicle Commissioner cannot reopen, set aside or change decision after driver’s license has been revoked or suspended.
59-45 Sept 12 MOTOR VEHICLES. Commissioner may refuse to license motor vehicles so constructed that they would cause excess and unnecessary noises when operated upon the highways of the state of Missouri.
60-45 July 27 TAXATION OF MANUFACTURERS. Taxing of raw materials and stocks on hand.
60-45 Sept 26 CONSTITUTIONAL LAW. Whether the provision of Sec. 25, Art. V of the Constitution of 1945 regarding retirement age of judges applies to judges of the Probate Courts.
61-45 Mar 28 MOTOR FUEL TAX. Power to waive penalties and interest.
61-45 Apr 4 OILS AND MOTOR FUEL. Duty of whom to provide inspection and pay inspection fees.
61-45 May 2 FEDERALLY POSSESSED PROPERTIES. Immunity of governmental agencies and instrumentalities from paying motor fuel tax.
61-45 May 31 MOTOR VEHICLE FUEL TAXES. Naphtha when distilled and especially designed for use other than as a fuel for internal combustion engines, is not a motor vehicle fuel, and is, therefore, not subject to tax.
61-45 June 6 MOTOR VEHICLE FUEL TAX. Liability of political subdivisions of the State for payment of motor vehicle fuel tax, under the Constitution of 1945.
61-45 July 6 CONSERVATION COMMISSION.
FISH AND GAME.
Section 54 of Wildlife and Forestry Code of Missouri 1944, construed.
61-45 Sept 25 MOTOR FUEL USE LAW. Gasoline as a motor fuel is not subject to a use tax under the Act of 1941, pages 448, 449, as amended in 1943, Laws of 1943, pages 657, 658.
62-45 Jan 19 TAXATION.
EXEMPTION OF CHURCH PROPERTY.
Church property liable for real estate taxes where lien for taxes accrues prior to transfer of the property to church use.
62-45 Feb 7 CORPORATIONS. Determination of date of organization within the provisions of Sec. 5113, R. S. Mo. 1939, as amended, Laws of 1943, p. 406.
62-45 Mar 29 Hon. Roy D. Miller WITHDRAWN
62-45 Mar 30 DESCENTS & DISTRIBUTION. Right of illegitimate children to inherit.
62-45 Apr 10 CONSTITUTIONAL LAW.
MAGISTRATES.
Under new Constitution magistrate may not draw compensation for performing other public duties.
62-45 Apr 30 Hon. Jesse A. Mitchell WITHDRAWN
62-45 May 3 NEW CONSTITUTION. Section 8, Article 6 construed.
62-45 May 4 NON-PROFIT CO-OPERATIVE CORPORATIONS. Such corporations are not required by law to file annual corporation franchise tax report.
62-45 Nov 30 TAXATION AND REVENUE. Jurisdiction of county court to abate merchant’s tax.
62-45 Dec. 10 BUDGETS. Budgets of counties of less than fifty thousand population are based on the valuation for 1945.
64-45 Apr 11 GENERAL ASSEMBLY.
LEGISLATOR.
Members of General Assembly ineligible for appointment to office of City Attorney of city of the fourth class.
64-45 June 8 FEDERAL LAND BANK BONDS AND OTHER BONDS NAMED IN SECTION 7952, LAWS OF MISSOURI, 1943, PAGE 995. Bonds insured by Federal Housing Administrator pursuant to National Housing Act must also be guaranteed as to principal and interest by the Government of the United States, otherwise they are subject to the restrictions of sub-section 1, of said Section 7952.
64-45 June 25 SPECIAL ROAD DISTRICTS.
COUNTY COURT.
Special road district created under Article 11, Chapter 46, R.S. Mo. 1939, cannot pay for initial cost of incorporation, neither can county court pay for same. Special road district entitled to money held by treasurer from levy on property in district, upon timely application.
64-45 Sept 17 SMALL LOAN COMPANIES.
LOAN AND INVESTMENT COMPANIES.
Commissioner of Finance authorized by statute to supervise advertising.
64-45 Oct 4 GENERAL BUSINESS CORPORATIONS—SELECTION OF CORPORATE NAME. A general business corporation organized to handle loans and mortgages may not use the word “bank” in its corporate name under sub-paragraph (b), Sec. 7, of the Corporations Act, Laws of Missouri, 1943.
64-45 Oct 20 BANKS – INCREASE OF CAPITAL STOCK. The 60 days’ notice required by Sec. 7973, Laws of Mo., 1941, page 672, is not necessary, preliminary to the increase of the capital stock of a bank, when all the stockholders of the bank waived in writing the publication thereof, and the records of such bank contain such waiver.
66-45 Jan 17 ASSESSORS. Fees to be allowed for taking farm crop census, under Sec. 14030, Art. 102, R. S. Mo. 1939, as amended, Laws of Mo., 1943, page 324.
66-45 July 2 APPROPRIATIONS. Constitutionality of appropriation for payment of premiums in connection with agriculture exhibits.
67-45 Jan 29 LIQUOR CONTROL ACT. Liquor licensee not required to be a voter and taxpayer of the county, town, city or village wherein he seeks the license, but he must be a resident of the State of Missouri.
67-45 Mar 9 Hon. Wayne Norman WITHDRAWN
67-45 Apr 26 ROADS. Special tax levied for cutting weeds and brush growing in road cannot be expended for any other purpose and must be levied in accordance with statute.
67-45 May 2 TAXATION. County courts must follow existing statutes until amended to conform to new Constitution.
67-45 May 16 SPECIAL ROAD DISTRICTS.
TOWNSHIP BOARDS.
Township boards are required to comply with Sec. 8821, R. S. Mo. 1939, in fixing maximum levy for road and bridge tax for 1945.
67-45 Aug 24 JURY SERVICE OF WOMEN.
67-45 Nov 20 RECORDERS. The appointment of additional help in the office of the Recorder of Deeds to record military service discharges.
69-45 Apr 17 PHARMACY. Person engaged exclusively in wholesale drug business is required to be registered pharmacist, or have registered pharmacist in his employ when he compounds or dispenses drugs in connection with his business.
69-45 May 24 ELEEMOSYNARY INSTITUTIONS. County court has no authority to deduct, from amounts due eleemosynary institution in year 1945, for overcharge made in previous year or years.
69-45 July 27 Hon. W. R. Painter WITHDRAWN
69-45 July 31 ELEEMOSYNARY INSTITUTIONS.
PATIENTS’ FUNDS.
PROBATE COURTS.
Disposition of patients’ funds in the custody of stewards of State Hospitals.
69-45 Aug 24 PENAL INSTITUTIONS. Where inmates of the Intermediate Reformatory at Algoa have escaped and then sentenced to the Penitentiary, their sentences are concurrent.
69-45 Sept 27 ELEEMOSYNARY INSTITUTIONS. Whether or not the full time plumber employed by the State Hospital No. 2 at St. Joseph, Missouri is exempt from the St. Joseph ordinance requiring a license for plumbers.
69-45 Oct 11 APPROPRIATIONS.
STATE ELEEMOSYNARY INSTITUTIONS.
Sections 2, 5, 6 and 7 of H.B. 270 of 63rd General Assembly invalid; President of Board of Managers of State Eleemosynary Institutions should disregard same.
69-45 Nov 2 STATE ELEEMOSYNARY INSTITUTIONS. A person previously a patient at a Kansas State Hospital for epileptics is not a proper charge for the state of Missouri in its state hospital for the insane.
70-45 Sept 12 COUNTY COURTS. (1) Cannot organize firm, partnership or corporation for purpose of operating convalescent home or poor farm; (2) may contract for care of poor with private individuals.
71-45 Nov 8 COUNTY BUDGET AND COUNTY COURT. May transfer unexpended balance to road and bridge fund and building fund after all outstanding warrants have been paid.
72-45 Jan 22 OFFICIAL BONDS. Bond of County Collector of the Revenue.
72-45 Jan 30 OFFICIAL BONDS. County Treasurer not required to furnish official bond for school moneys in counties under township organization, as in such counties respective township trustees are custodians of school funds.
72-45 Mar 5 SPECIAL ROAD DISTRICTS. Right to receive tax moneys in hands of township treasurer arising from road and bridge levies on land located within jurisdiction of special road district organized under Art. 18, Chap. 46, R. S. Mo. 1939.3
72-45 June 22 ADMINISTRATOR, NATIONAL COUNCIL OF DEFENSE.
Disposition of papers and reports to the Governor.
72-45 July 31 Hon. J. A. Purdome WITHDRAWN
72-45 Sept 26 NEPOTISM. One is guilty of violation of nepotism section when relationship exists between father and son, even when the appointee is to receive compensation from sheriff.
73-45 Feb 21 COUNTY LITIGATION. Lawsuits of county may be compromised if they do not release or partially release established indebtedness, liability or obligation due state or county.
73-45 Feb 23 COUNTY COURT.
PUBLICATION OF ANNUAL STATEMENT.
County Court may not dispense with publication of annual statement if any newspaper in the county will publish same for legal rate.
73-45 June 9 Hon. W. Oliver Rasch WITHDRAWN
73-45 June 25 COUNTY BUDGETS. May be revised by no authority granted county court to donate county funds to city.
73-45 July 18 MOTOR VEHICLE. Under the facts stated the truck in question is a commercial motor vehicle.
73-45 Aug 8 COUNTY COURT. Not authorized to employ Abstracter to assist Assessor in making Assessor’s Book.
73-45 Oct 19 TAXATION AND REVENUE. Construction of Art. X, Sec. 13, Constitution of 1945 with respect to publication of notice of sale of real property for delinquent tax in the year 1945.
75-45 Mar 14 STATE DEPARTMENT OF RESOURCES & DEVELOPMENT. Department does not have sufficient statutory authority to enable it to act in the capacity of an Airport Agency within the meaning of H. R. 5024.
75-45 Oct 25 JUSTICE OF THE PEACE. Jurisdiction in preliminary hearings under the Constitution of Missouri, 1945.
76-45 Apr 16 COUNTY SCHOOL BONDS. Such bonds are not negotiable.
76-45 June 8 CRIMINAL COSTS. Payment of Prosecuting Attorney’s fees on dismissal of cause.
76-45 June 25 TAXATION AND REVENUE. Method of adding omitted property to assessment rolls.
76-45 Oct 9 MOTOR VEHICLES. Person moving to this State from another state with intention to become a resident of this State and using foreign registered motor vehicle in connection with business in this State, should register motor vehicle in this State.
76-45 Nov 29 TAXATION AND REVENUE. Right of owner of real property sold for delinquent taxes to redeem without reimbursing purchaser at tax sale for repairs made prior to expiration of redemption period.
77-45 Sept 12 COUNTY COURT. Grant by the County Court of one thousand ($1,000) dollars or more to the American Legion Post of Vienna, Missouri, for the erection of a building in which to hold American Legion meetings.
77-45 Nov 9 TAXATION AND REVENUE. Owner of pinball machines and music boxes not assessable as a merchant under Section 11303 and Section 11305, R. S. Mo. 1939.
78-45 Jan 30 PROBATE JUDGES. Disposition to be made of fees earned prior to but collected subsequent to effective date of Sec. 13404a, Laws of 1943, page 868.
78-45 Feb 6 SCHOOLS. Tuition cannot be paid for negro students attending college outside of Missouri for courses beyond those offered at the University of Missouri.
78-45 May 17 SCHOOLS. County court cannot annex unorganized territory, under Sec. 10409, R. S. Mo. 1939, where there are more than twenty pupils of school age within such unorganized territory.
79-45 May 24 TOWNSHIP ORGANIZATION. Townships may not divide among special road districts a surplus of taxes remaining after township expenses have been paid; that such townships may legally issue warrants in any year against anticipated taxes for that year.
79-45 July 26 DRAINAGE DISTRICT FUNDS. Drainage District funds may not be invested in United States securities or any other securities.
80-45 Aug 20 LINCOLN UNIVERSITY. The provision in House Bill #361 passed by the 63rd General Assembly does not restrict the use of money appropriated for the tuition of students in out-state institutions to those institutions which are tax-supported.
82-45 Feb 12 ELECTIONS. Judges and clerks appointed to serve at the special election to be held Feb. 27, 1945, on the question of adopting a new Constitution, can also serve in the same capacity at a special election to fill the office of State Senator to be held in Adair, Macon and Shelby Counties on the same date.
82-45 Dec 6 CORPORATIONS. Products of foreign corporations may be subject to state inspection laws although sold in interstate commerce.
83-45 Jan 23 TAXATION.
ROAD DISTRICT.
SPECIAL BENEFIT DISTRICTS.
Levy may be made by County Court up to fifty cents on one hundred dollars valuation when authorized by a majority of the qualified voters of the road district, under the provision of Sec. 23 of Art. X of the Constitution.
83-45 Jan 24 COUNTY COURT.
COUNTY BUDGET.
May expend county court funds to repair and construct bridges in special road districts, but only out of Class 6 of the County Budget Law.
83-45 Feb 19 PROBATE COURTS.
STENOGRAPHIC SERVICES.
When stenographic services may be provided; same person may act as clerk in probate court and stenographer if services as clerk are paid for by probate judge himself.
83-45 Feb 21 OFFICERS.
ANNUAL SALARY.
COUNTY CLERK.
Annual salary of county clerk is based upon term year and not upon calendar year, payable in twelve monthly installments.
83-45 Feb 27 INCOME TAX. Construction to be placed on the phrase “head of a family” as used in Section 11351, R. S. Mo. 1939.
83-45 Feb 27 INCOME TAX. Procedure to be followed by State Auditor in estimating original or additional income tax of members of the armed forces and certain civilians.
83-45 Feb 27 PROBATE JUDGES. Fees earned prior to November 23, 1943, belong to the then incumbent of the office without regard to actual date of collection.
83-45 Mar 21 STATE BARBER BOARD. Not authorized to examine applicant unless applicant has had training under licensed instructor.
83-45 July 6 Hon. Forrest Smith WITHDRAWN
83-45 July 30 DELINQUENT TAX LAND SALES. Purchase price paid at invalid sale may be refunded to purchaser.
83-45 Aug 13 CONSTITUTIONAL LAW.
LEGISLATION.
Secs. 29 and 52, Art. III, Constitution of 1945, must be read together in determining effective date of bills. Emergency clauses in H.B.s 244, 255, 264, 63rd General Assembly invalid. H. B. 244 will not increase salary effective, but can increase salary of deputy clerks. H.B.s 255 and 264 operative as soon as effective.
83-45 Aug 14 STATE PURCHASING AGENT. The State Purchasing Agent is unauthorized to trade in old equipment for new or better equipment.
83-45 Aug 22 HABEAS CORPUS. Effect of discharge on habeas corpus upon costs to be paid by state in subsequent proceedings against the same defendant.
83-45 Oct 17 SALARIES.
LIEUTENANT GOVERNOR.
Salary of Lieutenant Governor of the State of Missouri.
83-45 Oct 18 TAXATION.
SERVICEMEN.
Taxpayers engaged in the military service exempt from the payment of penalties on delinquent state and county real estate and personal taxes.
83-45 Oct 26 SCHOOLS. Present statutes concerning bond issues are in conflict with Constitution of 1945 and govern until July 1, 1946.
83-45 Oct 27 SHERIFFS.
DEPUTY SHERIFFS.
WITNESS FEES.
Sheriffs and deputy sheriffs not allowed witness fees in criminal cases, unless they reside five miles or more from place of trial; not allowed witness fees in court upon which they attend.
83-45 Oct 29 TAXATION. Lien of city for delinquent taxes on property is on a par with that of county.
83-45 Nov 3 APPROPRIATION BY GENERAL ASSEMBLY. Appropriation to the Board of Trustees of Public School Retirement System of Missouri is constitutional as being made for a state purpose.
83-45 Nov 9 CONSTITUTIONAL LAW.
LEGISLATION.
Sections 29 and 52, Art. III, Constitution of 1945, must be read together in determining effective date of bills. Emergency clauses in S. B. 85, 86 and 87, 63rd General Assembly invalid. Said bills will be effective to increase the compensation of persons serving at the time said bills become effective.
83-45 Dec 11 CRIMINAL COSTS. Costs accrued after remand of convict by the Circuit Court of Cole County to the county in which criminal charges are pending against him.
84-45 Apr 25 Hon. George A. Spencer WITHDRAWN
84-45 Apr 27 Hon. George A. Spencer WITHDRAWN
84-45 Oct 3 OFFICERS. May recover money expended for necessary extra clerk hire.
85-45 Jan 4 Dr. James Stewart WITHDRAWN
85-45 Jan 25 BOARD OF HEALTH.
REVOCATION OF LICENSE.
Soliciting patronage by agents does not include advertising.
85-45 Jan 26 Dr. James Stewart WITHDRAWN
85-45 Nov 7 Hon. Jackson C. Stanton WITHDRAWN
89-45 May 3 CONSTITUTION. Applicability of Sec. 11, Art. X, Constitution of 1945 with respect to maximum levies which may be made by cities of less than 10,000 population for the year 1945.
89-45 July 11 CONSOLIDATED SCHOOL DISTRICTS. Funds of such district cannot lawfully be used to purchase a residence for the Superintendent of Schools of such district.
89-45 Oct 31 SCHOOLS. Blind children must attend the Missouri School for the Blind if proper local education is not provided.
89-45 Nov 17 CRIMINAL LAW. Excessively punishing a child, by beating and starving, by persons exercising care and control of the child makes such persons subject to prosecution under Sections 4419 and 4410, R.S. Mo. 1939.
89-45 Dec 17 SUPERINTENDENT OF SCHOOLS.
QUO WARRANTO.
SALARIES.
Under Sec. 10617 R.S. 1939, it is mandatory that the County Superintendent of Schools shall not teach school during his term of office. He is subject to ouster if he continues to teach school; however, he is entitled to the salary of the office during his term of office.
93-45 Jan 26 COUNTY OFFICERS. Induction into the Armed Forces does not create vacancy in office.
93-45 Mar 2 Hon. Hugh Waggoner WITHDRAWN
93-45 Mar 19 SCHOOLS. County school fund cannot be invested in Government bonds and other securities prior to July 1, 1946, unless before said date the Legislature repeals or modifies Sec. 10376, p. 880, Laws of 1943.
93-45 Apr 12 MOTOR VEHICLES. Chauffeur’s license not required of nonresidents holding valid chauffeur’s license from home state or country.
93-45 Apr 30 TAXATION AND REVENUE. Maximum levies permitted for county and township revenue and township road and bridge purposes, under the Constitution of 1945.
93-45 Aug 8 MOTOR VEHICLES. Unlawful to use red lights on front of vehicle without special permission; not unlawful to use sirens.
93-45 Aug 30 DISPOSITION OF STOLEN PROPERTY.
DISPOSITION OF ILLEGAL PROPERTY.
In possession of police officers.
93-45 Sept 7 MOTOR VEHICLES. Motor scooter is a motor vehicle; must be registered and licensed, and driver’s license law applies to persons operating same.
93-45 Oct 17 COUNTY TREASURER. Should not pay surplus arising from sale of land for taxes to grantee in quitclaim deed from former owner unless deed contains provisions transferring right to claim surplus.
93-45 Oct 29 OFFICERS. Peace officers have jurisdiction only in districts for which they were appointed or elected.
93-45 Dec 6 COUNTY COURT DRAINAGE DISTRICTS. 1) The County Court has no authority to employ attorneys to resist the collection of taxes levied by such County Court against property in a County Court Drainage District. 2) The County Collector may employ an attorney to collect delinquent drainage tax at the fees to be allowed by the Circuit Court, as compensation, under Section 12417, R.S. Mo. 19393.
94-45 Jan 8 COUNTY POLITICAL PARTY COMMITTEE. A majority of the county committee, when duly called and acting has right to transact all business for entire body. When committee fails to have quorum, any action except that of adjournment is not binding.
94-45 Feb 13 ACCOUNTANCY. Right of person not registered as public accountant or certified public accountant to make out state and federal income tax returns.
96-45 May 31 CRIMINAL LAW. Discussion of sentences to Intermediate Reformatory and transfer to Penitentiary.
96-45 Aug 17 Mr. T. E. Whitecotton WITHDRAWN
96-45 Aug 29 PENITENTIARY. Prosecution of escapes and payments of rewards for apprehension and delivery of escapees.
96-45 Aug 30 CONVICTS. Convicts released under Section 9086, R.S. Mo. 1939 – 9/12 service of sentence.
96-45 Oct 5 COUNTY. To pay for support and maintenance of boys under seventeen years of age, committed to the Missouri training school for boys.
97-45 Apr 27 TAXATION AND REVENUE. Construction of Sec. 3, Art. X, and Sec. 23, Art. IV, Constitution of Missouri of 1945, and of Secs. 2 and 5 of the Schedule appended thereto.
97-45 May 23 COUNTY.
CRIMINAL.
COSTS.
Liability for costs in prosecution of driving motor vehicle while intoxicated upon acquittal.
97-45 May 28 GAMBLING. Setting up or using punch boards violate the provisions of Section 4678, R. S. Mo. 1939.
97-45 Oct 2 CRIMINAL LAW. Civil courts of this state have jurisdiction to try military personnel for offenses against the civil laws of Missouri.
97-45 Oct 12 WEAPONS. State of Missouri does not require registration of pistols, revolvers or other firearms.
98-45 Jan 16 INHERITANCE TAX. Liability of the estate of a deceased soldier for payment of Missouri Inheritance Tax.
98-45 May 31 CONTRACTS OF STATE TREASURER AND STATE DEPOSITORY WITH CUSTODIAN OF SECURITIES. Form and provisions of contracts found to comply with the statutes of Missouri.
98-45 Aug 4 STATE TREASURER. Payment to State of Missouri by U. S. treasurer under provisions of 26 Stat. L., 417, 418, and 49 Stat. L., 436, 439, should be deposited in Seminary Fund.
98-45 Aug 6 APPROPRIATION OF LICENSE FEES PAID BY MOTOR VEHICLES OF MISSOURI TO COUNTIES, ROAD DISTRICTS AND CITIES UNDER SECTION 5728, EXTRA SESSION, LAWS OF 1944. Counties, road districts and cities must file claim for its share of such funds with the State Auditor who shall issue warrant therefor to the State Treasurer who may then pay the same.
99-45 Mar 15 PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Public Service Commission does not have power to license and regulate a nonresident who owns and operates a store in neighboring state and regularly operates his own truck within the State of Missouri for the purpose of obtaining goods and supplies to be sold in his place of business in another state.
99-45 Apr 18 CONSTITUTIONAL LAW.
PROBATE JUDGE.
Probate Judge unlicensed to practice law may succeed himself in office and be magistrate.
99-45 Sept 28 COUNTY COURT. Proceeds of sale of county farm should be returned to general revenue fund of the county.
99-45 Oct 18 CORONERS.
EMPLOYEES OF STATE CANCER HOSPITAL.
May not order autopsy except in connection with inquest. Not prohibited from performing autopsies for county coroners.
99-45 Nov 7 COUNTY COURTS. The erection of cattle guards on county roads.