1946 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-46 Feb 28 COUNTY COURT. County court has power to sell county land and in the absence of specific statutory direction as to the procedure of the sale, only reasonable precautions must be taken.
1-46 July 10 SHERIFFS IN COUNTIES OF THE THIRD CLASS. Shall collect all fees, both criminal and civil, and shall collect the amount as provided by existing fee statutes; the sheriff and county court may not enter into an agreement to pay the sheriff a flat 5¢ a mile for his mileage; sheriff shall bill the county court at the end of each month for feeding prisoners and for mileage.
1-46 Sept 12 INDEMNITY.
DISEASED ANIMALS.
Purchaser of tubercular steer, which was purchased for butchering, is not entitled to indemnity even though the carcass was destroyed on order of State Veterinarian as unfit for consumption by human beings.
1-46 Dec 16 DEPT. OF AGRICULTURE – AGRICULTURAL & VEGETABLE SEEDS. Neither agricultural nor vegetable seeds may be sold or offered for sale in the State of Mo. under Sec. 14271, Art. 16, Chap. 102, R.S. Mo. 1939, nor may rules or regulations be adopted under Sec. 14272, unless such seeds are free from seeds of Canada thistle, Johnson grass, and field Bindweed (convolvulus arvensis).
2-46 Dec 11 MAGISTRATES.
PROSECUTING ATTORNEYS.
COUNTY COURTS.
Judge of probate court in counties of less than 30,000 inhabitants is ex officio judge of magistrate court. Additional clerks, deputy clerks and employees may be provided for magistrate court by county court, where necessity exists, their salaries to be paid by county. Stenographic services for probate judge are paid for by the county out of Class 4 as provided in Budget Act. Clerk of magistrate court may receive pay for stenographic work done for probate judge. Clerk of magistrate court may act a stenographer for probate judge, and will be paid for such services in addition to his salary as clerk of magistrate court. Stenographic services for prosecuting attorney may be paid for by county out of Class 4 as provided in Budget Act.
3-46 Oct 4 CIRCUIT JUDGES.
CONSTITUTIONAL LAW.
The General Assembly has the power to increase the salary of circuit judges during their term of office.
3-46 Nov 22 APPROPRIATIONS. Applicability of House Bill No. 837 of the 63rd General Assembly to expenditures made by Central Missouri State College.
5-46 Aug 9 TAXATION AND REVENUE. Definition of term “other political subdivision” as used in subsection 10, Section 39, Article III, Constitution of 1945.
6-46 Jan 4 NEWSPAPER. Entitled to be reinstated under Section 14968, page 859, Laws of Missouri, 1943, by the fulfillment of the requirement of the statute. Publisher defined.
6-46 Jan 15 PRIMARY CANDIDATES.
SECRETARY OF STATE.
(1) Notice of primary candidates to be given by Secretary of State by April 8, 1946. (2) Last filing date for candidates for August 1946 primary is April 30, 1946.
6-46 Mar 18 ELECTIONS. Declaration of candidacy for nomination as circuit judge of a judicial district composed of but one county should, under Section 11553, R. S. Mo. 1939, be filed with Secretary of State.
6-46 Apr 20 OFFICERS.
MAGISTRATES.
Office of magistrate is constitutional office and persons aspiring to such office should file declarations with county clerk.
6-46 Apr 23 CONSTITUTIONAL LAW.
PROBATE JUDGES.
MAGISTRATES.
Sections 18 and 25, Constitution of 1945; Senate Bill 207. In counties of 30,000 or less, persons seeking office of probate judge and magistrate must qualify for probate judge. There is no conflict as to qualifications for magistrates by the Constitution and Senate Bill 207.
6-46 July 19 ELECTIONS. Name of candidate should not be printed on official ballots when such candidate dies before primary election.
6-46 Nov 27 ELECTIONS. Secretary of State in canvassing of votes for members of congress, state senators and representatives and judges of the circuit courts does not follow procedure laid down in Section 18, Article IV of the Constitution of Missouri.
7-46 July 10 COUNTY BUDGET LAW. Appropriation for county hospitals comes out of class five of Budget Law.
7-46 Oct 29 CITIES.
SALES TAX.
FRANCHISE.
Sales tax should be collected on sales of electrical current and water by a municipally owned light and water plant. In Re: Franchises of telephone and other public utility companies.
10-46 Aug 26 COUNTY COURTS. Use of seal, and fee of Sheriff and deputy for attending such court.
10-46 Sept 3 CONSERVATION COMMISSION.
WATERS.
The State of Missouri owns beds of navigable waters, and the riparian only owns to low water mark of navigable waters.
10-46 Sept 16 CONSTITUTIONAL LAW.
OFFICERS.
SHERIFF.
Section 4, Article IV, Constitution of 1945 does not permit the Governor to fill vacancy in office of sheriff. Such vacancy filled by County Court.
10-46 Oct 24 COUNTY COURTS. Use of seal. Supplement to Opinion No. 10 dated 8/26/46.
10-46 Nov 8 STATE BOARD OF OPTOMETRY. Without authority to limit the statutory qualification-period of registered apprentice to five years by regulation.
11-46 Feb 8 TAXATION.
COUNTY COURTS.
ROADS.
Section 13763, R. S. Mo. 1939 is a complete scheme providing for the levying and expenditures of funds for particular road purposes.
11-46 July 1 ELECTIONS.
PRIMARIES.
Who entitled to be considered candidates; what is a proper declaration of candidacy.
11-46 July 9 MISSOURI STATE SANATORIUM. Senate Bill No. 129, 63rd General Assembly applies to Sanatorium.
11-46 Oct 1 SCHOOLS.
COUNTY AND TOWNSHIP FUNDS.
Procedure for election and distribution of county and township school funds.
12-46 Jan 21 INSANE PERSONS. Probate Court has authority under Section 605, R. S. Mo. 1939, to commit a veteran to an institution outside the State of Missouri.
12-46 July 22 SHERIFFS.
CONSTITUTIONAL LAW.
The sheriff of Greene County and his deputies are paid according to the provision of House Bill No. 939 after July 1, 1946.
12-46 July 30 SCHOOLS. (1) Upon filing of petition for consolidation with county superintendent of schools, or filing of petition for annexation with school board of a common school district, jurisdiction attaches when the petition is filed. (2) In the formation of a consolidated school district the superintendent, in laying out the boundary lines of the proposed consolidated district, cannot include in such district part of a previously organized consolidated district.
12-46 Aug 20 CIRCUIT COURTS AND SALARIES. Circuit Judge of the 26th Judicial Circuit not entitled to change of venue fee provided in Sec. 1074, R. S. Mo. 1939.
12-46 Aug 29 COUNTY OFFICERS.
CIRCUIT CLERK.
The Circuit Clerk of Greene County is not entitled to receive $1200 compensation for serving as clerk of the board of paroles of that judicial circuit.
13-46 Jan 12 TAXATION AND REVENUE. Duties of County Collector with respect to acceptance of tender of payment upon separable items of property.
13-46 Mar 27 COUNTY COURTS.
PROSECUTING ATTORNEYS.
County Court not authorized to employ special counsel, with certain exceptions.
13-46 Mar 28 PAROLE. An alleged parole violator may be held for re-arrest for a reasonable time.
13-46 May 16 Hon. Edmund Burke WITHDRAWN
13-46 May 17 LIQUOR. a) Definition of “managing officer” of a corporation in licensing statute. b) A foreign corporation with resident “managing officer” of good moral character may be issued any kind of license. A foreign corporation with no resident “managing officer” may be issued a solicitor’s license only.
13-46 May 23 ELECTIONS.
BOND ISSUES.
The City of Excelsior Springs must hold a primary election before holding a special election to fill a vacancy in the city council. The city may vote on the proposition of issuing revenue bonds to acquire a municipally owned light plant at the same time that the special election is held to fill the vacancy in the city council.
13-46 July 11 Hon. L. Madison Bywaters WITHDRAWN
13-46 July 12 BOARD OF PROBATION AND PAROLE. Do not have authority to revoke a parole or conditional commutation, or to rescind the revocation thereof, signed by the Governor prior to July 1, 1946; shall pay expense of returning inmate upon revocation of parole or conditional commutation; has no authority to make rules regarding final discharge from parole and only Governor can grant commutation.
13-46 Aug 12 TAXATION.
COUNTY COURT.
Power of county court to correct erroneous assessments of real estate under Sections 23 and 24 of HCSHB 469.
13-46 Dec 19 OFFICERS. One person may not hold the office of recorder of deeds and city collector at the same time, nor may one person hold the office of magistrate and police judge of a city at the same time.
15-46 Aug 17 DEPARTMENT OF PUBLIC HEALTH AND WELFARE. Appeals under Sec. 9411 R. S. Mo. 1939, shall be made to the Director of Public Health and Welfare under Senate Bill No. 349.
15-46 Nov 18 LABOR DEPARTMENT. Division of Employment Security may submit their plan of operation for the Missouri State Employment Service to the Secretary of Labor of the United States.
16-46 Feb 14 COUNTY COURTS. Right to purchase lands sold under school fund mortgages.
16-46 June 21 MOTOR VEHICLES. Operating vehicle in Missouri registered under the Dealer’s and Manufacturer’s Law of Kansas; necessity of chauffeur’s license of person operating such vehicle.
16-46 Oct 28 LIQUOR CONTROL. (1) 3.2% nonintoxicating beer may not be sold to minors; (2) 3.2% nonintoxicating beer may be sold on Sunday but Sec. 4742, R. S. 1939, may be invoked against the act of selling same.
17-46 July 30 SHERIFF.
COUNTY COURT.
Sheriff cannot enter into agreement with county court whereby the sheriff’s family would be furnished their groceries as reimbursement for feeding prisoners.
18-46 Apr 19 ELECTIONS. Declarations of candidacy may be filed with county clerk by mail or by a person other than the candidate himself. Receipt of payment to county central committee should be filed therewith.
18-46 May 23 CONSTITUTION.
ROADS AND BRIDGES.
Five questions regarding issuance of warrants in anticipation of revenue under Article X, Section 12(a), Constitution of 1945; setting up of the budget of counties in same respect; classification of expenditures under Sections 10911 and 10914, Laws of Mo., 1941; not necessary to revise budget after July 1, 1946.
18-46 June 11 ELEEMOSYNARY INSTITUTIONS. The Board of Managers of the Missouri School for the Blind may provide additional facilities to be paid out of a fund that does not contain an appropriation from the State of Missouri.
18-46 July 13 ELECTIONS.
CONSTITUTIONAL LAW.
OFFICERS.
ASSESSOR.
The assessor of St. Francois County who was appointed to fill the vacancy in the office does not hold office for the entire term but only until the beginning of the term after the next general election.
18-46 Aug 28 TAXATION AND REVENUE. Five questions relative to procedure to be had under H.C.S.H.B. 868 of the 63rd General Assembly, relating to taxation of intangible personal property.
18-46 Dec 10 ASSESSORS.
CONSTITUTIONAL LAW.
House Bills 891 and 890, which raise the fees of assessors of third and fourth class counties, are not in violation of Sec. 13, Art. VII, Const. of Mo. 1945, which prohibits the increasing of compensation of county officers during their terms.
19-46 Nov 14 TAX LEVY. An increase in the levy above the constitutional and statutory limit of taxes for public health purposes would be unconstitutional, when such levy is ordered by the circuit court.
20-46 Jan 23 SCHOOLS.
SERVICEMEN.
(1) University of Missouri may charge Veterans Administration non-resident tuition fees for resident veterans; (2) Lincoln University may charge Veterans Administration non-resident tuition fees for resident veterans; (3) State Teachers Colleges may charge Veterans Administration non-resident tuition fees for resident veterans.
20-46 Apr 25 W. J. Cremer WITHDRAWN
20-46 May 24 SHERIFFS. Reports required to be made in third class counties.
20-46 July 23 SCHOOLS.
COUNTY COURTS.
The county court must pay clerical help of the superintendent of schools in Mississippi County within the limits prescribed in HCSHB No. 770.
20-46 Sept 11 QUARANTINE. State Veterinarian, under Sec. 14195, R.S. 1939, may quarantine chickens infected with Newcastle disease. The Governor, under Sec. 14207, may issue proclamation quarantining areas in which Newcastel disease is widely disseminated or epidemic. State Veterinarian, or his deputy, may quarantine chickens infected with or which have been exposed to infection by Newcastle disease when offered for sale at a community sale. No authority exists for any state officer to order destruction of chickens.
20-46 Sept 23 TAXATION AND REVENUE. Liability for filing return of intangible personal property by resident beneficiary of trust estate.
20-46 Oct 4 AUTOMOBILES.
LICENSES.
The members of a partnership may operate cars owned by them without taking out a registered operator’s license.
20-46 Oct 14 SURVEYORS COUNTY.
COUNTY SURVEYORS.
County surveyor must sign ‘record of surveys’ and same cannot be signed by deputy or third persons.
20-46 Oct 29 PROBATE CLERK. In counties wherein probate judge and magistrate judge are one, the probate and magistrate clerk may practice law in all courts except the probate and magistrate court.
20-46 Nov 14 COMMON SCHOOLS. Directors of common school districts can employ attorneys to defend mandamus action if they are acting in good faith.
20-46 Dec 19 BOARD OF ACCOUNTANCY. Paragraph (c) Section 14911f, Laws of Missouri, 1943, prescribes alternative qualifications for individuals who apply for certificates as certified public accountants.
21-46 Feb 18 COUNTIES. County Court cannot make donation to city for municipal airport.
21-46 Mar 8 ROAD DISTRICTS. Surplus monies in a Road District’s Sinking Fund cannot be transferred to other funds for other purposes until the principal indebtedness and the interest thereon, has been extinguished.
21-46 Sept 14 SHERIFF’S FEES. Fees earned by sheriff before July 1, 1946 that do not exceed the statutory limitation of $5,000 for a period of one year may be retained by him.
22-46 Jan 29 AIRPORTS. The legislative body of a political subdivision which has established an airport may establish a board or body to administer the same.
22-46 Apr 26 MUNICIPAL CORPORATIONS. Discussion of rights of foreign municipal corporations to acquire real property for airport purposes in Missouri and incidental matters relative thereto.
22-46 July 1 COUNTY PLANNING AND ZONING. Authority of Missouri State Department of Resources and Development relative to master plans adopted by counties of the first class.
22-46 Dec 9 MEMORIAL AIRPORTS. One municipality only may establish a memorial airport under House Bill #192. Two or more municipalities cannot combine for such purpose. An appraisement or valuation of real estate previously acquired cannot be used by a municipality as a basis for appropriated funds for matching the $10,000 State aid. The Governor and the Missouri State Division of Resources and Development would have the right to follow matching State funds for memorial airports to see that they are lawfully expended.
22-46 Dec 16 ASSESSORS. Receive an annual compensation from June 1st of one year to May 31st of the next year.
23-46 Feb 8 STATE TEACHERS COLLEGES.
CONSTITUTIONAL LAWS.
The Central Missouri State Teachers College is unauthorized to accept money from the Federal Government under Title V, Public Law 458, 78th Congress. The acceptance of such money would be a contract without express authority of law in contravention of Section 39 (4), Art. III, Const. 1945.
23-46 July 6 SALARIES.
FEES.
City of St. Louis is entitled to all fees and mileage paid by State Auditor for transportation of prisoners to Penitentiary under Section 13413, R. S. Mo. 1939.
24-46 Feb 5 PUBLIC SCHOOL RETIREMENT SYSTEM. May use money collected to maintain office and incidental expenses.
24-46 Mar 29 Mr. G. L. Donahoe WITHDRAWN
24-46 Apr 26 Mr. G. L. Donahoe WITHDRAWN
24-46 May 16 PUBLIC SCHOOL RETIREMENT SYSTEM. Prior service credit not allowed in PSRS under House Bill 151 for time served in the armed forces by a teacher.
24-46 July 18 SHERIFF’S FEES. Sheriff is entitled to retain fees earned in juvenile proceedings.
24-46 Aug 3 DEPARTMENT OF AGRICULTURE. Warehousemen licensed under Art. 1, Chap. 141, R.S. Mo. 1939, not subject to provisions of House Bill 164.
25-46 Nov 25 MAGISTRATES. Magistrates may not have any connection with a law suit even though it was filed prior to assuming office.
26-46 Jan 2 COUNTY COURTS. The County Court of Adair County is not authorized to donate money for a building in which to locate a glove factory in the City of Kirksville, Missouri.
26-46 Jan 3 STATE TEACHERS COLLEGE. The money derived from the sale of a car belonging to the Southwest Missouri State Teachers College by the State Purchasing Agent should go into the Southwest Missouri State Teachers College Fund.
26-46 July 5 Hon. Walter A. Eggers WITHDRAWN
26-46 Dec 31 MAGISTRATES. (1) Magistrate may not require fee for solemnization of marriage; (2) Magistrate cannot be compelled to solemnize marriages.
27-46 Jan 2 PROBATE JUDGES. Probate Judge shall be licensed to practice law in this state, except that probate judges in office at the time of the adoption of the Constitution of 1945, may succeed themselves without being so licensed.
27-46 Mar 11 TAXATION AND REVENUE. Liability for tax of property exempt therefrom on date of assessment.
27-46 June 4 TAXATION AND REVENUE. Corporation continuing to exercise corporate privileges after the beginning of current taxable year liable for tax.
27-46 July 12 JUSTICE OF THE PEACE. Power to issue a warrant.
27-46 July 23 TAXATION AND REVENUE. Liability of corporation to file annual statement with State Tax Commission.
27-46 Sept 3 SCHOOLS. Directors irregularly elected are de facto directors and if they refuse to serve, the County Superintendent may appoint directors in their place.
27-46 Oct 14 TAXATION. The mode of assessing gas companies for tax purposes.
27-46 Nov 19 ELECTIONS. In case of a tie vote for clerk of the county court, the sheriff of the county calls a special election at the direction of the county clerk. Withdrawal of one candidate after a tie vote cannot avoid a special election.
28-46 Apr 8 CONSTITUTION OF 1945.
MAGISTRATE COURTS.
Authority of judges of circuit courts to establish additional magistrate courts in counties of 30,000 inhabitants or less.
29-46 May 14 INSURANCE.
TRUCKERS.
Deduction for insurance premiums by Commission Merchants or truckers carrying livestock from farm to market are illegal where the carrier falls within the jurisdiction of the Public Service Commission, if the total charges exceed the rate allowed by the commission; are illegal if the insurance is not carried whether the trucker is within jurisdiction of the Public Service Commission or not; and where insurance is carried may or may not be legal according to the contract entered into between shipper and trucker.
31-46 Oct 19 SCHOOLS.
COUNTY SUPERINTENDENT.
County Superintendent in Fourth Class county; (1) is entitled to his actual necessary traveling expenses; (2) can employ a clerk without the consent of the county court; (3) can employ a teacher as clerk who performs the duties of clerk outside his teaching hours.
32-46 Oct 14 SCHOOLS. (1) Senate Bill 162 – reinvestment of certain school funds. Senate Bill 186 – election favoring annual distribution of liquidated funds, such funds credited to the school funds desired by school board. (2a) Threat of epidemic authorizes board to require vaccination before school attendance. (2b) If vaccination rule is adopted, parent not in violation of compulsory school law for not permitting child to be vaccinated.
33-46 Mar 6 DRAINAGE DISTRICTS. Section 12435, R. S. 1939, authorizes the county court to use the maintenance fund of the drainage district to pay engineering costs incidental to estimate of cost of cleaning ditches of drainage district.
33-46 July 1 JONES-MUNGER LAW. Costs to be assessed against a purchaser at a tax sale. Purchaser of property upon which homestead rights are established not entitled to possession during period of redemption.
33-46 July 10 SHERIFFS.
COUNTY COURTS.
Under House Bill 899 the sheriff is responsible for feeding prisoners in the county jail in counties of the third class.
33-46 Sept 20 SCHOOLS. School district does not have the power to improve adjacent city streets and this power is given to cities of the fourth class by Section 7197, R. S. Mo. 1939.
34-46 Mar 12 CONSERVATION COMMISSION AND FISH AND GAME. Section 40(a) Article IV, Constitution 1945, is self-enforcing and it is not necessary for the Legislature to enact a statute permitting the Conservation Commission to promulgate rules and regulations. Construing House Bill #366.
34-46 Oct 10 SPECIAL ROAD DISTRICTS.
ROADS AND BRIDGES.
WARRANTS.
Board of commissioners of special road district (benefit assessment type) may issue warrants up to amount of revenue anticipated for year in which such warrants are issued, and may by contract provide protested warrants shall bear interest at a specified rate. If no such provision is in the contract, protested warrants shall bear interest at 6%.
34-46 Oct 23 Hon. Clark H. Gore WITHDRAWN
35-46 Mar 6 CONSTITUTIONAL LAW. Under Sections 18 and 25, Article 5, Constitution of 1945, justice of the peace not licensed to practice law cannot hold offices of probate judge and magistrate in counties with 30,000, or less, inhabitants.
35-46 Mar 25 MARRIAGE LICENSES. Filing of health certificates prior to the issuance of the licenses.
35-46 Apr 24 BARBERS. Applicant for renewal of certificate of registration must pass examination if certificate is not renewed within two years, though part of time was spent in military service.
35-46 July 5 SCHOOLS AND STATE. The Washington Technical School of St. Louis, Mo. in operating a barber school is subject to the provisions of Sec. 10134, R. S. Mo. 1939. The Board of Barber Examiners is authorized to refuse permission to take barber examinations to persons who have not graduated from a licensed barber college, if said persons are attempting to qualify under the provision of Section 10133, R. S. Mo. 1939, that they have attended a properly appointed and conducted barber school for a certain length of time.
36-46 Jan 4 Hon. Quentin Haden WITHDRAWN
37-46 July 31 CHIROPODY. Unlawful to administer foot treatments as defined in Section 9796, R.S.Mo. 1939, without a chiropody license. Unlawful to advertise, using title or chiropodist or other similar designations, if not a licensed chiropodist.
37-46 Aug 9 SCHOOLS. Under House Bill No. 770, county court issues warrant to pay clerk hire.
37-46 Aug 13 COUNTY OFFICERS. Compensation of various county officers to be received for performance of their duties as members of the county board of equalization.
37-46 Aug 30 CHIROPODY. A certificate to practice chiropody issued by the State Board of Health is valid. Licensee, now a resident of Missouri, is entitled to a certificate for ensuing year upon making proper application and paying the required fee.
37-46 Oct 10 CHIROPODY. Qualifications for taking chiropody examinations given by State Board of Chiropody.
37-46 Dec 18 CORONERS. Entitled to receive salaries under House Bill No. 880 from October 6, 1946.
38-46 Mar 1 MOTOR VEHICLES.
CRIMINAL PROCEDURE.
There must be transfer of title at the time of sale. Several questions regarding jurisdiction over juvenile offenders.
38-46 June 14 SCHOOL DISTRICTS. Section 10484, Revised Statutes of Missouri, 1939, is applicable to consolidated school district as well as city, town or village school districts.
38-46 Sept 21 MARRIAGE LICENSE. Requirement of marriage health certificate that certificate of physician be obtained by all persons applying for a marriage license and that laboratory report be rendered to a physician, held invalid under the present law.
39-46 July 2 UNEMPLOYMENT COMPENSATION. 1) Unemployment Compensation funds are not necessarily state funds; 2) neither are they such taxes as to require them to be paid into the State Treasury or appropriated out by law.
40-46 Apr 22 AND TAXES. Commissioners of public benefit assessment road district organized under Article XI, Chapter 46, R. S. Mo. 1939, unauthorized to make a tax levy under Section 3716, R. S. Mo. 1939, either with or without an election by the people.
40-46 Sept 13 ELECTIONS. Names of persons written in on a primary ballot should not be placed upon the official ballot for the general election.
40-46 Oct 18 CONSTITUTIONAL LAW.
MAGISTRATES.
Under Section 24, Article V, Constitution of 1945, and Section 2811.103, Missouri R. S. A., preparing state and federal income tax returns is doing law business.
41-46 Jan 28 MISSOURI REAL ESTATE COMMISSION. Authority to promulgate regulations requiring proof of registration of fictitious name as a condition precedent to securing Missouri real estate broker’s license.
41-46 Mar 30 MISSOURI REAL ESTATE COMMISSION. Fees to be charged for real estate licenses issued to copartnerships, associations or corporations.
41-46 Apr 23 SAVINGS AND LOAN SUPERVISION. Supervisor and assistants not entitled to pay from January 12, 1946 to January 28, 1946.
41-46 June 17 MISSOURI REAL ESTATE COMMISSION. Effect of entry of plea of nolo contendere, followed by probation, upon right of a person to obtain or retain a real estate broker’s or salesman’s license.
41-46 Aug 29 TAXATION AND REVENUE. Liability for taxation of royalties received from lease of patent.
41-46 Oct 7 MISSOURI REAL ESTATE COMMISSION. Status of person convicted in Federal Court and subsequently pardoned by President with respect to right to license under the Missouri Real Estate Commission Act.
41-46 Oct 8 TAXATION AND REVENUE. Liability for Missouri intangible personal property tax of the St. Louis Bank for Cooperatives.
41-46 Oct 8 TAXATION AND REVENUE. Missouri sales tax properly deductible from bank tax computed under House Bill No. 888 of the 63rd General Assembly.
41-46 Oct 28 TAXATION AND REVENUE. Determination of net income of pawnbrokers under House Bill No. 948 of the 63rd General Assembly.
41-46 Dec 3 CIRCUIT COURTS.
FEES AND SALARIES.
Circuit Judge entitled to change of venue fee earned under Section 1074, R.S. Mo. 1939, but not paid to the circuit judge prior to the effective date of S.C.S.S.B. No. 442.
41-46 Dec 3 CIRCUIT COURTS.
FEES AND SALARIES.
Circuit Judge entitled to change of venue fee earned under Section 1074, R.S. Mo. 1939, but not paid to the circuit judge prior to the effective date of S.C.S.S.B. No. 442.
42-46 Apr 4 BUILDING AND LOAN ASSOCIATIONS. Intent of Legislature to protect savings and loan associations from acts of omission is satisfied by provision of savings and loan blanket bond, Form 22, lines 92-93. Lines 101-102 of Form 22 not in conflict with Section 29 of House Bill 481.
42-46 Aug 26 SAVINGS AND LOAN SUPERVISION. Holder of Installment Shares retired by directors of association entitled to receive full value thereof and earnings to date of retirement.
43-46 July 31 INDIGENT INSANE.
COUNTY COURT.
PROBATE COURT.
Under S. B. No. 284 the probate court is the only count which as the power to commit indigent insane.
44-46 Jan 10 TOWNSHIP. Not authorized to appropriate township funds to make deposit in county treasury of sum fixed by county court as probable amount of damages to landowners in a proceeding on petition of 12 freeholders of township to establish road ordered established at cost of petitioners.
44-46 Apr 25 Hon. David E. Impey WITHDRAWN
44-46 July 22 FACTORIES. Sec. 10175, R. S. Mo. 1939, does not apply to employees of an electrical construction company making rural electrical installations.
44-46 Sept 11 CORPORATIONS.
LICENSES.
NURSES ASSOCIATION.
The District No. 2, Missouri State Nurses’ Association is not a charitable organization and is subject to licensing under Sections 10161 to 10164, R. S. Mo. 1939.
45-46 May 6 HOTEL.
BOARD OF HEALTH.
Y.M.C.A. of St. Louis required to pay hotel license fees.
45-46 May 9 STATE BOARD OF HEALTH. Adoption subsequent to 1917 must be by court decree.
45-46 May 13 Opinion Letter to the Honorable Owen G. Jackson
45-46 May 13 BOARD OF HEALTH.
FEE.
Fee for inspection of soft drinks and beverages.
45-46 May 16 Opinion Letter to the Honorable Owen G. Jackson
45-46 May 29 INTER-INDEMNITY & RECIPROCAL INSURANCE CONTRACT. In an application for license for reciprocal or inter-indemnity insurance contracts, the attorney in fact in qualifying for the license under paragraph (f) of Sec. 6080, R.S. Mo. 1939, need not state in the declaration that “100 separate risks” have been taken for automobile insurance. Automobile insurance under said paragraph (f) is exempted from the “100 separate risks” clause. Under said clause (f) the word “or” permits either 1000 applications to be made on 1000 motor vehicles, or 1 application to be made covering 1000 motor vehicles. Bodily injury and property damage may be included in the aggregate sum of $1,500,000.00 liability. The $1,500,000.00 of insurance contracted under said paragraph (f) may be covered in three applications of $500,000.00 each.
45-46 June 12 STATE BOARD OF HEALTH. Question of what the surname of a child should be.
45-46 June 19 FOREIGN INSURANCE COMPANIES. Foreign insurance companies are not required to comply with either Sec. 5809 or Sec. 5826, R.S. Mo. 1939, with respect to capital stock being paid up in full, if the State of its domicile does not so require. A foreign insurance company does not violate the terms of Sec. 6035, R.S. Mo 1939, if it holds some of its own stock, not absolutely or as collateral, but holds the same merely for conversion purposes of Preferred stock into Common stock or Common stock into Preferred stock.
45-46 July 2 DIVISION OF HEALTH. Political subdivisions may continue to participate financially with the Division of Health for health services in their political subdivision.
45-46 July 16 DIVISION OF HEALTH. A Deputy State Commissioner of Health has jurisdiction throughout the County, including the cities of said County, and the laws of this State do not provide for a Deputy State Commissioner of Health in incorporated cities of less than 75,000 inhabitants.
45-46 Aug 21 INSURANCE. Articles of the Association of the Group Casualty Underwriters, Inc., a Mutual Company.
45-46 Aug 28 INSURANCE. Increase of stock of Transit Casualty Company of St. Louis.
45-46 Sept 17 INSURANCE. Approval of increasing capital stock of the Missouri Insurance Co.
45-46 Sept 23 INSURANCE. Arts. of Inc. of the Group Fire Underwriters, Inc.
45-46 Oct 4 TAXATION.
SALES TAX.
NATIONAL BANKS.
Sales of tangible personal property to national banks are not subject to the Missouri retail sales tax.
45-46 Nov 9 INSURANCE. Approval of documents of Western Life Ins. Co., St. Louis, Mo.
45-46 Nov 19 MR. W. O. JACKSON WITHDRAWN
45-46 Nov 22 Opinion Letter to the Honorable Owen G. Jackson.
45-46 Dec 19 Opinion Letter to the Honorable Owen G. Jackson.
45-46 Dec 19 Opinion Letter to the Honorable Owen G. Jackson.
45-46 Dec 21 Opinion Letter to the Honorable Owen G. Jackson.
46-46 Feb 8 BLIND PENSIONS.
CONSTITUTIONAL LAW.
PROBATE COURTS.
Under Constitution of 1945 probate judges may continue to perform duties under the provisions of Section 9454, R. S. Mo. 1939.
46-46 Apr 15 BLIND PENSIONS. Construing Section 9451, page 786, Laws of Missouri, 1943.
46-46 Apr 17 BLIND PENSION. Maintenance costs granted applicant for blind pension while attending school under the rehabilitation program does not constitute income or money received from any source as provided in Section 9451, R. S. Mo. 1939.
46-46 June 5 BARBER BOARD. Barber with revoked license may apply for renewal within 90 days of revocation.
47-46 Feb 7 OFFICERS.
VACANCIES.
Vacancy in office of county surveyor would be filled by appointment by the Governor.
47-46 Aug 27 SCHOOLS. Consolidated school district to maintain action against directors of component districts to recover property of such districts.
47-46 Sept 24 CONSTABLES. The office of constable will be abolished as of January 1, 1947, or at the expiration of the term of the present constable if after January 1, 1947.
48-46 May 2 TIME. County officers of Iron County to operate on CST.
48-46 June 12 COUNTY CLERKS.
CONSTITUTIONAL LAW.
CONSERVATION COMMISSION.
County Clerks may continue to receive fees as agents for the Conservation Commission in the sale of hunting and fishing licenses.
48-46 July 8 SHERIFFS.
CONSTITUTIONAL LAW.
House Committee Substitute for House Bill No. 872 is effective as of July 1, 1946. House Committee Substitute for House Bill No. 872 is not in conflict with Sec. 13 of Art. VII of the Constitution of 1945. Payment of salaries of sheriffs of counties of the fourth class would not be in violation of county Budget Law.
48-46 July 23 MAGISTRATE COURTS. Magistrate courts may issue writ of habeas corpus.
48-46 Nov 19 ELECTIONS. A canvasser, who has qualified, casting up the absentee votes is under the duty of certifying to the County Court the result of his canvass, and this is so regardless of the number of votes or whether there are any absentee votes.
48-46 Dec 5 CRIMINAL LAW.
ABSENTEE VOTING.
Venue of crimes conducted with absentee voting is in county where affidavit and ballot are received and cast.
49-46 Oct 30 GENERAL ASSEMBLY. Contingent expense appropriation of 63rd General Assembly limited to expenses of that Assembly.
49-46 Dec 11 APPROPRIATIONS. Legislature is required to enact all other appropriation bills prior to the appropriation bill for expenses of the General Assembly.
50-46 Mar 12 STATE DEPARTMENT OF AGRICULTURE. Commissioner may determine extent of analysis of agricultural seeds.
51-46 Apr 10 PUBLIC SCHOOL RETIREMENT SYSTEM. Trustee of PSRS appointed by State Board of Education who is resident of school district included in retirement system but not employee thereof, is qualified to hold that office.
51-46 July 20 SCHOOLS.
NURSES.
Paragraph 4, Section 10029, R. S. Mo. 1939, does not give the Board of Nurse Examiners any power or control over schools and classes of nursing not accredited or registered.
53-46 Apr 20 Hon. Harry T. Limerick, Jr. WITHDRAWN
53-46 June 25 SCHOOLS. Interpretation of the meaning of “actual and necessary traveling expenses” as applied to county superintendent of schools.
56-46 Jan 3 AFFIDAVITS. An attorney-in-fact may not swear to the registration and anti-trust affidavit of a corporation under Sec. 119, page 472, Laws of Mo., 1943. Exception found in this section not applicable under the facts presented.
56-46 Feb 28 CRIMES AND PUNISHMENT. Obtaining money by false pretenses; oppression in office; exacting illegal fees by sheriff; officer accepting bribe.
56-46 Oct 8 OFFICERS. The Assessor and Coroner of Jasper County shall be paid according to the Laws of the 63rd General Assembly after July 1, 1946; members of the County Court and the County Clerk of Jasper County shall be paid according to the Revised Statutes of Missouri of 1939, during their present term.
57-46 Mar 28 PROBATE JUDGE. Not entitled to practice law after present term.
57-46 Apr 11 CONSTITUTIONAL LAW.
PROBATE JUDGE.
Under Section 25, Article V, Missouri Constitution 1945, incumbent probate judge cannot succeed himself if not in office when Constitution was adopted, unless licensed to practice law.
57-46 June 5 ROADS AND BRIDGES. Commissioners of road districts formed under Article 11, Chapter 46, R. S. Mo. 1939, elected by voters of district who qualify under Section 11469, Laws of Missouri 1943, Page 555.
57-46 July 15 TAXATION AND REVENUE. Basis to be used for computation of merchants ad valorem tax.
57-46 July 16 Mr. W. V. Mayse WITHDRAWN
57-46 Sept 26 TAXATION. Levying of taxes by directors of school districts and the right of the county court to amend such levies when such court is making the levy of taxes on railroads and other carriers for the rolling stock, road bed and movable property of such carriers.
58-46 June 12 PENSIONS. Funds for payment of firemen’s and policemen’s pension must come from source set out in pension plan adopted.
58-46 Aug 13 SPECIAL ROAD DISTRICTS.
OFFICERS.
Treasurer of special road district is guilty of no criminal violation when trucks to be used by the road district are purchased from a firm of which he is president and principal stockholder, but if the treasurer is also a commissioner of the road district, the contract is against public policy.
58-46 Dec 30 PROBATE JUDGE. 1. After January 1, 1947, cannot be paid anything for services other than his salary; 2. Can appraise estates for inheritance tax purposes without appointing appraisers, but cannot be paid extra for said service.
59-46 May 27 MOTOR VEHICLES.
FUEL TAX.
State Inspector of Oils cannot by rule extend provisions of law to require license from persons not included in statute.
59-46 Oct 9 CONSTITUTIONAL LAW.
COUNTIES.
Under Section 31, Article VI, Constitution of 1945, the City of St. Louis is recognized as a county. Under C.S.H.B #476 the City of St. Louis would be a county of the first class and laws applicable to such counties would apply to the City of St. Louis.
60-46 Jan 16 SCHOOLS. School districts cannot issue bond to buy school busses.
61-46 Feb 4 DRAINAGE DISTRICTS. In a county having township organization the County is liable for assessed benefits to roads in a drainage district which was organized under the County Court Drainage law.
61-46 Mar 29 POOL HALLS. Club operating pool hall and charging members for use of cues must procure license.
62-46 May 18 ELECTIONS. A person is entitled to the whole of the last day allowed by law to file for office, and it is the duty of the county clerk, or deputy, to be available all of this day.
62-46 June 26 JAILS.
CONTRACTS.
COUNTY COURT.
Building jail and constructing vaults are separate projects, to be paid for out of separate funds, and contacts for each project must be let to lowest bidder.
62-46 July 11 RECORDER OF DEEDS.
CONSTITUTION.
Compensation of incumbent recorders in counties of the second class not to be increased as provided in House Bill No. 897 during present term of office. Should reappoint deputies.
62-46 Oct 3 Herbert S. Miller, M. D. WITHDRAWN
62-46 Dec 5 Hon. Edwin W. Mills WITHDRAWN
63-46 Apr 26 ELECTIONS.
BOND ISSUE.
A bond issue for a county hospital may be submitted at a primary election.
63-46 Aug 2 MARRIAGE. Marriage is not void when performed after expiration of license date.
63-46 Sept 9 Hon. Roscoe D. Moore WITHDRAWN
63-46 Nov 19 SHERIFFS.
NEPOTISM.
The employment by a sheriff in a county of the third class of this wife to cook the meals for prisoners, for which the sheriff is reimbursed, violates Sec. 6, Art. VII, Constitution of Missouri.
64-46 Feb 9 BANKING CORPORATION. Under the order of the Commissioner of Finance for a banking corporation to restore impaired capital, the directors of such corporation may personally sign a guaranty or place property in escrow with a contract that such property may be held by the Commissioner of Finance, or other person designated, until the capital impairment of such corporation is restored from normal earnings or if need be, to sell such assets and apply the proceeds to such repairment. Such contact should be definite respecting the rights of all parties as to the holding, sale or withdrawal of such property.
64-46 Mar 28 BANKS. A bank and an endorser may not by contract fix or limit the liability of an endorsement contrary to the terms of Section 7952, Laws of Missouri, 1943.
64-46 Mar 29 BANKS. Under sub-section (e) of Section 7952, Laws of Missouri, 1943, page 995, such drafts or bills of exchange therein named are not exempted from the restrictions of sub-section 1 of said Section 7952, where such drafts are not drawn against “actually existing values” as contemplated by said sub-section (e) of said Section 7952. The drawing of such drafts due 30, 60 and 90 days from date would constitute a loan liability of the individual, partnership, corporation or body politic borrowing money from a bank and must be computed as such.
64-46 May 24 BANKS-TRUST COMPANIES. Banks or trust companies may not accept assigned life insurance policies as security for loans under Section 7952 or Section 8032, Laws of Mo. 1943, as security constituting “collateral security having an ascertained market value”, and if so used by a bank or trust company to increase the loan ratio of the capitalization of any such bank or trust company above the percentage set out in said Sections, such loan or loans would be excessive.
64-46 July 22 TAXATION AND REVENUE. Liability for payment of Missouri intangible personal property tax on interest-bearing accounts receivable of foreign corporations doing business in this state.
64-46 July 25 BOARD OF FUND COMMISSIONERS. Authority to impose charge for reregistration of Series J State of Missouri Road Bonds.
64-46 Aug 3 OFFICIAL BONDS. Recommended changes in form of bonds and insurance policy for Department of Revenue.
64-46 Aug 20 TAXATION AND REVENUE. Applicable personal exemptions to be allowed under Missouri income tax law for 1946.
64-46 Oct 7 TAXATION AND REVENUE. Liability for ad valorem tax on intangible personal property owned by religious educational and charitable institutions.
64-46 Oct 24 OFFICIAL BONDS. Director of Department of Revenue has no official duties with respect to bonds of township collectors.
64-46 Oct 29 TAXATION AND REVENUE. Necessity of filing returns for Missouri intangible personal property tax by joint owners.
64-46 Nov 8 TAXATION AND REVENUE. Investment certificates subject to intangible personal property tax under H.C.S.H.B. No. 868.
64-46 Nov 19 TAXATION AND REVENUE. National banks not required to file return of income for Missouri income tax purposes.
64-46 Nov 21 TAXATION AND REVENUE. Dividends received on national bank stock must be included in gross income for Missouri state income tax purposes.
64-46 Dec 5 TAXATION AND REVENUE. Refunds of taxes paid under House Bills 868, 869, 888 and 948 of the 63rd General Assembly.
64-46 Dec 10 TAXES.
INTANGIBLE TAX.
Political subdivisions to which intangible tax is distributed.
65-46 Jan 2 MISSOURI TRAINING SCHOOL FOR BOYS. Maximum age which boys can be committed to the Missouri Training School for Boys at Boonville, and the use of certified copies of birth certificates as proof of age.
65-46 Jan 7 PARDON AND PAROLE. Parole can be revoked after expiration date of sentence for violation committed before such date.
65-46 Sept 12 PAROLES. Inmates of Missouri Training Schools may be paroled by the Board of Training Schools before serving penitentiary sentence.
66-46 Apr 29 SCHOOL BOARDS. (1). Section 10342A, R. S. Mo. 1939 will operate to re-employ a teacher in the event that its provisions are not complied with. (2) A school board member possessing the deciding vote may not vote for a person within the fourth degree on relationship by reason of Section 10342 R. S. Mo. 1939, nor may his failure to vote be ignored where his silence brings Section 10342A into operation.
66-46 July 1 SHERIFFS. Sheriffs may personally claim per diem attendance for two courts on the same day providing he can execute the requests or duties imposed upon him by each court.
66-46 Nov 18 LEGISLATURE.
RESIGNATION OF SENATOR.
Resignation of Senator during recess of Legislature should be directed to the Governor.
67-46 Mar 7 SCHOOLS. County court where indigent parents reside must furnish expenses of child in School for the Deaf.
67-46 Sept 18 COUNTY COURTS. County courts have jurisdiction to entertain proceedings for establishment and vacation of public roads.
68-46 July 26 CONTINGENT FUND OF PROSECUTING ATTORNEYS COUNTIES OF FIRST CLASS.
CONSTITUTION.
Section 13470, R.S. Mo. 1939, inconsistent with Article VI, Section 13, Constitution, 1945, therefore, ineffective after July 1, 1946.
68-46 Aug 13 HIGHWAY DEPARTMENT. The legislature may regulate the Highway Department in any way which is not inconsistent with the limitations imposed upon the legislature by the constitutional provisions of the state or nation.
68-46 Nov 25 CORONER.
COUNTY OFFICER’S FEE.
Coroner and employees of Jackson County entitled to charge fee and retain same for rendering unofficial duties not incompatible with statutory duties.
69-46 Apr 17 ELEEMOSYNARY INSTITUTIONS.
PURCHASING AGENT.
Purchasing Agent authorized to conduct sale of livestock, produce, etc., produced by eleemosynary institutions and pay proceeds therefrom into revolving fund of institution until such fund reaches $5000, and any surplus above that paid into state treasury to credit of the fund for the support of eleemosynary institutions.
69-46 May 28 ELEEMOSYNARY INSTITUTIONS.
TUBERCULOSIS HOSPITAL.
Hospital fees arising out of compensation litigation should be paid to Commissioners of the Tuberculosis Hospital, who turn such fees over to the Treasurer of the Board.
69-46 July 8 FEES. Clerk, recorder and sheriffs; third class counties.
69-46 Sept 6 DIVISION OF WELFARE.
CONFEDERATE HOME.
The Division of Welfare, being successor to Board of Managers of the State Eleemosynary Institutions, shall have custody of endowment fund for Confederate Home.
69-46 Nov 25 MERCHANTS’ LICENSES & BONDS. 1) The tax rate to be charged for merchants’ licenses is the same as on real estate. Collector’s fees, $1.00. 2) Merchants’ licenses run from Jan. 1. to Jan. 1. 3) If a merchant begins business after the first Monday in Jan. of any year his license would run to the following Jan. 1. 4) The bond of a merchant must be delivered to the Collector at the time license is issued. 5) If a merchant does not obtain and pay for a license for 5 consecutive years immediately preceding application for license for the current year, he must deliver a bond to the collector at the time he obtains his license.
70-46 Jan 8 OFFICERS.
COUNTY TREASURERS.
Treasurer cannot receive extra compensation for taking care of accounts of county toll bridges.
70-46 Mar 18 MERCHANT’S TAX. Corporation which consignes goods to a second corporation for storage and delivery only is liable under Section 11305, R.S. Mo. 1939, for a merchant’s tax.
70-46 Apr 2 LANDS. Federal Government may acquire land in Missouri without the consent of the State for public use.
70-46 Sept 6 TAXATION AND REVENUE. Necessity of inclusion of name of owner in publication for sale of real property for delinquent taxes.
70-46 Dec 6 Hon. Elmer Peal WITHDRAWN
73-46 Mar 29 SCHOOLS.
CONSOLIDATED DISTRICTS.
Consolidated and Common School Districts may consolidate.
73-46 Apr 19 AUTHORITY OF BOARD OF DIRECTORS OF CONSOLIDATED SCHOOL DISTRICT. 1) May board of directors buy property that is not to be used for school purposes, 2) If they do will they be personally liable.
73-46 July 17 Hon. W. Oliver Rasch WITHDRAWN
73-46 Nov 7 BARBER BOARD.
SCHOOLS.
Public schools have right to teach barbering as vocational course without payment of fee as prescribed in Sec. 10134, R. S. Mo. 1939.
75-46 May 15

INSURANCE.
COUNTIES.
SPECIAL ROAD DISTRICTS.

Neither the county court nor the commissioners of special road districts organized under Article 10, Chapter 46, R.S. Mo. 1939, are authorized to purchase liability and property damage insurance to insure injury, death or damage resulting from the operation of motor vehicles owned and used in the building and maintenance of the district or county, and there is no need for such insurance.
76-46 May 10 ELEEMOSYNARY INSTITUTIONS. Validity of claims by state or county, for reimbursement for keep of patient as poor person at state hospitals, against estates of indigent patients.
76-46 July 3 Hon. Horace T. Robinson WITHDRAWN
76-46 Oct 14 HIGHWAYS AND BRIDGES. Private citizens are responsible for removing an obstruction from a public road which was created by digging a drainage ditch across the road when they had not formed a legal drainage district.
77-46 Apr 10 STATE DEEDS. Approval of quit-claim deed to Project No. 23-127F; located at Rolla, Missouri.
78-46 Jan 25 SCHOOLS. Construing Section 10463, p. 889, Laws Mo. 1943.
78-46 May 31 PUBLIC SCHOOL RETIREMENT SYSTEM. Employer’s contribution to PSRS under H. B. 151 to be paid from school district’s Incidental Fund.
78-46 Dec 5 SAVINGS AND LOAN ASSOCIATIONS. In re investments of funds by county courts in savings and loan associations accounts.
80-46 Aug 10 BOARD OF CURATORS, LINCOLN UNIVERSITY.
LENA MARTIN, CLAIMANT.
A devise for life with remainder to the heirs of the body is a contingent remainder, and a daughter of a remainderman who predeceased life tenant takes a share in the real estate.
80-46 Aug 15 SCHOOLS.
LINCOLN UNIVERSITY.
Lincoln University is not entitled to share in the seminary fund created under Section 10876, R. S. Mo. 1939.
81-46 Feb 6 MINES.
CONSTITUTIONAL LAW.
Constitutional provision changing date of fiscal year does not affect statutory requirement that Mine Inspector must make report in January.
81-46 July 1 SMALL LOANS.
CONSTITUTIONAL LAW.
Finance Commissioner has no authority to issue small loan licenses after July 1, 1946.
81-46 July 25 LOAN & INVESTMENT COMPANIES. Loan and investment companies may present a claim against the State to the Legislature for an appropriation as a refund for unused part of annual license fee, where the license has become inoperative by law. But they may not sue the State.
81-46 Sept 11 Mr. H. G. Shaffner WITHDRAWN
81-46 Sept 12 CONSTITUTIONAL LAW. County courts, under the 1945 Constitution, retain jurisdiction to entertain petitions for the incorporation of cities and towns.
81-46 Sept 20 BANKS--LIQUIDATION FIXING FEES AND COMPENSATION OF EMPLOYEES. It is the duty of the Commissioner of Finance to fix the fees and compensation of employees, in the first instance, in a bank liquidation. If this has not been done, the Circuit Court or the judge thereof in vacation, may fix such charges.
81-46 Oct 7 BANKS—CAPITAL STOCK. Banks moving into a city of 50,000 or more population must operate under a minimum capital of at least $280,000. Should city boundaries of a city of 50,000 inhabitants or more be extended to include banks operating under a $25,000 capital, such banks are not required to increase their capital.
81-46 Oct 7 EDUCATION.
SCHOOLS.
The State Board of Training Schools has, with the approval of the Director of Public Buildings, the authority to raze an unsafe building on the grounds of one of the State Training Schools.
81-46 Dec 5 BANKING CODE—BOARD OF APPEALS IN INCORPORATION OF BANKS. Senate Bill #196 recently passed by the Legislature, has no bearing upon, nor does it interfere with the duties of the Board of Appeals in bank incorporation matters provided for in Sections 7942 and 7943, because said sections, with other sections cited, provide for a complete plan for appeal and review by the Courts.
82-46 Apr 30 TAXATION. Scheme of taxation of national and domestic banking corporations provided in House Bill No. 888 is in lieu of all other taxes which might be imposed upon the tangible and intangible personal property of such corporations.
83-46 Feb 4 STATE PURCHASING AGENT.
CONSTITUTIONAL LAW.
The State Purchasing Agent may execute a lease of real property for the Unemployment Compensation Commission of Missouri for a period of time which exceeds two years, provided that the terms of the lease called for payment of rent for the whole period within the appropriation period in which the lease is executed.
83-46 Feb 14 COUNTIES.
COUNTY COURTS.
There is no reason nor authority for the county court to take out liability insurance on the employees of the county who work on the public roads of the county.
83-46 Mar 12 SHERIFF.
JUVENILE DELINQUENTS.
Sheriff entitled to no allowances for boarding juveniles held by him unlawfully. Sheriff entitled to $1.25 per day per person for boarding said juveniles if they are held upon formal complaint or information and are being investigated prior to commitment, otherwise to not more than 75¢, amount to be set by county court.
83-46 Apr 17 Hon. Forrest Smith WITHDRAWN
83-46 June 4 COUNTIES. The County Court is required to pay the expenses of the County Farm Organization within the limits of the provisions of Section 5 of House Bill 744, 63rd General Assembly.
83-46 June 20 Hon. Forrest Smith WITHDRAWN
83-46 July 3 STATE PURCHASING AGENT.
AUTOMOBILES.
The State Purchasing Agent has the discretion of selling goods to the highest and best bidder, if the highest bids are identical he has the discretion of determining which constitutes the best bid.
83-46 July 12 STATE PURCHASING AGENT.
STATE PENITENTIARY.
The money received from the sale of trucks used by the industries of the state penitentiary should be deposited in the state treasury to the credit of the revolving fund of the penitentiary.
83-46 July 30 ELECTIONS.
NOMINATIONS.
County committees may fill in candidates for office of county clerk at August 6, 1946, primary election.
83-46 Sept 30 PURCHASING AGENT. State departments may purchase personal property, through Purchasing Agent, by trading in property to be replaced and paying balance in cash.
83-46 Nov 13 APPROPRIATIONS.
CONSTITUTIONAL LAW.
An appropriation act which does not distinctly specify the amount and purpose of the appropriation without reference to any other law is unconstitutional.
83-46 Nov 22 Hon. Forrest Smith WITHDRAWN
83-46 Nov 25 SCHOOLS. Traveling expenses of county superintendents of 3rd and 4th class counties should be figured against total compensation of said officers.
83-46 Dec 5 CIRCUIT COURTS.
SALARIES AND FEES.
Final disposition of change of venue fee under Section 1074, R.S. Mo. 1939.
83-46 Dec 9 COUNTY COURTS.
COUNTY HOSPITALS.
The location of the city, town or village in which a county hospital is established under the provisions of Art. 4, Chap. 126, R.S. Mo. 1939, is designated by the county court. The exact site for such hospital is designated by board of trustees.
83-46 Dec 23 CORONER’S INQUEST. County to pay cost thereof.
83-46 Dec 30 COUNTY CLERKS. Will not vacate their office until the first Monday in January, 1947.
84-46 Mar 25 HABITUAL DRUNKARDS.
PROBATE COURT.
There is no authority for the confining of an habitual drunkard, who does not have manifestation of insanity, in the state insane asylum.
84-46 May 10 ELECTIONS.
NOTICE.
Necessary qualifications for newspaper to publish notice.
84-46 May 15 SOCIAL SECURITY COMMISSION. Section 8, Article VII, Constitution, 1945, applies to officers and not employees.
84-46 May 17 SCHOOLS. President and Clerk of School District attending county school meeting entitled to 5¢ per mile going and returning.
84-46 June 4 CONSTITUTIONAL LAW.
OFFICERS.
MAGISTRATES.
Under Section 25, Article V, Constitution, 1945; and Section 3, Senate Bill 207, a de facto officer claiming the office of justice of the peace on February 27, 1945, cannot qualify for the office of magistrate where such officer is unlicensed to practice law.
84-46 July 5 RECORDER OF DEEDS. Five questions concerning fees for listing and issuing verified copies of discharges in county of the third class under H. B. 772.
84-46 Sept 27 ELECTIONS. It is necessary in a locality where there is registration of voters for the judges of each political party to initial the ballots in a general election.
85-46 Jan 16 TAXATION AND REVENUE. Right to exemption from taxation of real property belonging to German Saint Vincent Association.
85-46 Apr 19 Mr. Proctor N. Carter WITHDRAWN
85-46 July 9 MARRIAGES. Right of Probate or Circuit Court to order the issuance of marriage license to minors.
85-46 July 16 MOTOR VEHICLES. Minimum age required for drivers of common carriers under Section 5730, Laws of Missouri 1945, and Section 8447, R. S. Mo. 1939.
85-46 Oct 12 COUNTY COURT.
OFFICERS.
SALARIES AND COMPENSATION.
Appointee to fill unexpired term of county court is not entitled to increased compensation as provided in House Bill 778, passed by the 63rd General Assembly.
85-46 Nov 12 SHERIFFS.
FEES.
Sheriffs allowed fees only upon strict compliance with statute.
85-46 Dec 12 MOTOR VEHICLES. Liabilities of the Motor Vehicle Unit of the Department of Revenue under House Bill 317.
87-46 Mar 21 Hon. W. W. Sunderwirth WITHDRAWN
88-46 Apr 10 LEGISLATURE. Bill must be passed by majority of members elected even though there is a subsequent vacancy in the membership.
88-46 May 10 TAXATION. Non-profit cemeteries’ income from money loaned is taxable.
88-46 May 17 TAXATION.
ROADS AND BRIDGES.
The provisions of House Committee Substitute for House Bill 784, passed by the 63rd General Assembly and approved by the governor, does not take away from the special road district the money now in the treasury of such road district, and require it to be paid into the county treasury.
88-46 Oct 11 GENERAL ASSEMBLY.
LEGISLATOR.
Representative employed by Director of Revenue on a per diem and mileage basis vacates his office as Representative.
89-46 Apr 17 BLIND PENSION. Board of Managers of School for the Blind unauthorized to pay expenses of teachers for travel to School for Instruction.
89-46 Aug 20 Hon. D. D. Thorne WITHDRAWN
89-46 Oct 17 TAXATION AND REVENUE. Real property owned by religious organization not exempt from taxation when not used exclusively for religious purposes.
90-46 Feb 1 BUILDING AND LOAN ASSOCIATIONS.
CONSTITUTION.
Real and tangible personal property assessable by county assessor under House Bill 469. State alone may assess intangible personal property under Article X, Section 4c, Constitution 1945.
92-46 Oct 7 PUBLIC SCHOOL RETIREMENT SYSTEM.
CONSTITUTION.
County contributions for Superintendent of Schools do not increase Superintendent’s salary so as to contravene Art. VII, Sec. 13, Const. of Mo. 1945.
92-46 Oct 18 MAGISTRATE COURTS. Providing for establishing and maintaining of offices of magistrates.
92-46 Nov 14 TOWNSHIPS. Fiscal year of townships shall run from the first Monday in March to the first Monday in March of the next year.
93-46 Jan 29 HIGHWAYS. Several questions concerning parking of vehicles on state highways, and authority of the Highway Patrol in connection therewith.
93-46 Feb 16 MOTOR VEHICLES. Passenger car used commercially subject to commercial motor vehicle fees.
93-46 Feb 20 COUNTY JAILS. Necessity of receiving prisoners committed for violation of ordinances of cities of the third class.
93-46 June 4 MOTOR VEHICLES. Computation of maximum allowable axle load of trucks.
93-46 June 15 PUBLIC SERVICE COMMISSION.
SCHOOLS.
COMMON CARRIER.
A bus which is used to carry a school band from one town in Missouri to another town is within the exemption provisions of Section 5721 of the Public Service Act of Missouri.
93-46 June 15 CONSTABLES. Power and duties in all counties except first class counties and the city of St. Louis after June 30, 1946.
93-46 July 11 CONSTITUTIONAL LAW.
OFFICERS.
INHERENT POWER OF COURT.
Law providing circuit judges shall approve compensation and appointment of deputy sheriffs and deputy circuit clerks is constitutional.
93-46 Aug 29 MOTOR VEHICLES. Use of truck ordinarily used in hauling commercially, and having only “local commercial license,” for transporting farm products for distance of more than 25 miles, where such use not wholly within one municipality or urban community, violates Sec. 8369, Laws 1943, pp. 664-666, and subjects user to penalty prescribed.
93-46 Sept 26 MISSOURI STATE HIGHWAY PATROL. (1) Necessity of employees of the State of Missouri and of members of Patrol complying with motor vehicle drivers’ regulations; and (2) applicability of Motor Vehicle Safety Responsibility Act to employees of the State of Missouri and to members of Patrol.
93-46 Oct 18 DISPOSITION OF GAMBLING MONEY.
HIGHWAY PATROL.
When in possession of highway patrol, said money may be retained for evidence, but must be returned after the criminal proceedings.
93-46 Nov 18 Hon. Alvin B. Walker WITHDRAWN
96-46 Jan 9 PENAL INSTITUTIONS. Sentences to different institutions are cumulative and not concurrent.
97-46 Jan 4 COUNTY ASSESSORS. Compensation controlled by statute.
97-46 Feb 4 COUNTY COURTS. County courts have the power, duty and authority to examine into the facts and law upon which fee bills are based.
97-46 Mar 8 Hon. Hugh P. Williamson WITHDRAWN
97-46 Mar 20 Hon. David W. Wilson WITHDRAWN
97-46 Mar 28 INHERITANCE TAX. Exemption from Missouri Inheritance Tax of bequest to be used for establishing the “James L. and Nellie M. Westlake Scholarship Foundation.”
97-46 May 18 TAXATION. Fire clay sold to a refractory not subject to sales tax.
97-46 May 23 Hon. Max R. Wiley WITHDRAWN
97-46 June 18 PROBATE COURT. Probate judge entitled to fees which accrued last year of term, but not collected until 1947.
97-46 July 3 Hon. Bryan A. Williams WITHDRAWN
97-46 Aug 19 SHERIFFS.
CONSTITUTIONAL LAW.
Under the new Constitution and the present law the sheriffs of the counties of the state may succeed themselves in office.
97-46 Sept 25 Hon. Hugh P. Williamson WITHDRAWN
97-46 Nov 7 SCHOOLS. Organization of common school districts into city, town or village districts.
97-46 Nov 21 COUNTY BUDGET. Surplus in classes 1, 2 and 4 may be transferred to class 5 to be used as contingent and emergency expenses of the county.
98-46 Mar 12 CONSTITUTION.
LEGISLATURE.
Requirement of title.
98-46 Aug 9 CONSTITUTIONAL LAW.
COUNTY COURT.
ROADS AND BRIDGES.
TAXES.
The County Court, in its discretion, may levy a county road and bridge tax under the provision of House Bill No. 784 and, when a petition has been circulated and a road district within the county has voted an additional tax, the county court may levy said additional tax in the district or districts in which voted.
98-46 Nov 27 Mr. Charles A. Witte WITHDRAWN
99-46 Apr 30 SAVINGS AND LOAN ASSOCIATIONS. Savings and Loan Association may mortgage, pledge or hypothecate assets as part of its power to borrow under Section 60 of House Bill 481.