1948 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-48 Jan 27 ROADS AND BRIDGES. County court cannot collect from special road district for repairs to bridge in such special road district; may assist special road district organized under Art. 10, Chap. 46, R.S. 1939, in maintaining bridges, such money to be paid out of class 6 of the budget; cannot pay for maintaining a bridge in a special road district organized under Art. 11, Chap. 46, R.S. 1939.
1-48 Jan 30 RECORDER.
FEES.
Contents of annual report that the recorder shall make to the court of all kinds of fees received by him under Section 1, page 1526, Laws of 1945.
1-48 Feb 20 BONDS.
COUNTY COURT.
Authority of county court to transfer money in general revenue fund to sinking fund for payment of interest and principal of bonds when same become due.
1-48 Sept 27 CONSERVATION COMMISSION.
FISH AND GAME.
Employees of a resident state bait dealer cannot trap minnows under permit issued to employer.
1-48 Nov 15 ROAD DISTRICTS. Residents of a special road district organized under Article 11, Chapter 46, R. S. Mo. 1939, cannot withdraw or detach themselves from the road district.
3-48 Feb 16 SHERIFFS.
EXTRADITION.
SALARIES AND FEES.
Sheriff cannot be paid mileage for travel beyond state for returning prisoner who has waived extradition. There is no requirement that the sheriff go beyond the state line for a fugitive.
3-48 Nov 24 ELECTIONS.
STATE REPRESENTATIVES.
Where tie vote in election for state representative occurs and question arises concerning legality of several votes cast, the State House of Representatives may make final determination.
4-48 Jan 12 BONDS.
COUNTY COURT.
COUNTY TREASURER.
County court is prohibited by Sec. 26(a), Art. VI of Constitution, from becoming indebted exceeding in any year the income and revenue provided for such year, and contract between county and surety company for payment over 4 year term of premiums on county treasurer’s bond, given for protection of school fund, does not bind county for more than one year. County court may in any year set bond required of treasurer for protection of school money.
4-48 Mar 15 SHERIFFS. Several questions regarding salaries of sheriffs in counties of the second class.
4-48 Apr 6 MUNICIPALITIES.
COUNTIES.
MOTOR VEHICLES.
Authority of City of Carthage to install parking meters around county square.
4-48 July 17 COUNTY ASSESSORS.
SECOND CLASS COUNTIES.
FEES AND SALARIES.
Fees earned by county assessors in second class counties for certifying copies of assessments of personal property, and merchants and manufacturers assessments on property taxable in a city to appropriate city officials may be legally retained by assessors in addition to salary provided by law, and need not be paid into the county treasury.
5-48 Jan 6 MAGISTRATE COURTS. Magistrate must keep judgment docket; magistrate judgment not lien until transcript of judgment filed with circuit clerk.
5-48 Mar 10 MAGISTRATE COURTS. Division No. 2 of the Magistrate Court of Nodaway County is a legally constituted court.
5-48 Mar 29 SPECIAL ROAD DISTRICTS.
BONDS.
Special road district organized under provisions of Art. 18, Chap. 46, R. S. Mo. 1939, which issues bonds, may dissolve before such bonds are paid, and certification of amount necessary to pay such bonds is to be made by trustee, or, if he fails, by state auditor, and levy is made by county court.
5-48 Apr 27 ELECTIONS. Sufficiency of petition for special election to establish Public County Health Center determined from petition as amended, but supplemental petitions not permitted.
5-48 June 25 ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
Special road district cannot be organized under Art. 18, Chap. 46, R.S. Mo. 1939, when all of territory in road district constitutes all or a part of a city of the fourth class. Funds of the road district arising from special road and bridge tax cannot be spent in incorporated towns or cities.
5-48 July 1 TAXATION.
SALES AND USE TAX.
MOTOR VEHICLES, ETC.
Sales and use tax under H.B. No. 258 of the 64th General Assembly is applicable to motorcycles and motorscooters; dealer who purchases car as demonstrator is subject to tax.
5-48 Sept 9 TAXATION.
REVENUE.
Proceeds of use tax imposed by Paragraph (c) of Section 11412, Mo. R.S.A., to be credited to State Highway Department fund.
5-48 Nov 17 TAXATION.
SALES TAX.
Sales of food and drinks at cafeteria owned by manufacturing company to employees of such manufacturing company are subject to the sales tax.
6-48 Feb 19 PUBLIC SERVICE COMMISSION.
TAXICABS.
Certificate of Convenience and Necessity not required of persons operating “taxi-cabs” whose “principal operations” are within a city or suburban territory adjacent thereto.
9-48 Apr 27 Hon. Virgil H. Black WITHDRAWN
9-48 Nov 15 TAXATION AND REVENUE.
COUNTY FUNDS.
Funds distributed to counties by state derived from Private Car Tax are placed in County General Revenue Fund.
9-48 Nov 26 COUNTY COURTS. Refund from State to County to be credited to county fund from which warrant was issued, through error, to pay entire cost of road: Such sum can be used for road maintenance in year 1948 even though prior to the refund amount permitted by budget had been spent.
10-48 Mar 1 OPTOMETRY BOARD. Validity of rules.
10-48 Mar 15 SHERIFFS. Amount paid janitor for going after food at restaurant for persons confined in county jail and returning tray and dishes constitutes actual costs, as provided in Section 4, page 1563, Laws of Missouri 1945.
10-48 May 14 Hon. Fred C. Bollow WITHDRAWN
10-48 June 29 OPTOMETRY. Advertisement “prices are reasonable” not indirect advertisement of prices for optometric services within Section 10121 (G) R. S. Mo. 1939, as amended (Laws, 1947, p. 415).
10-48 June 30 SCHOOL BOARDS. Member cannot contract in private capacity with board. (September 1964 – See statute 165.157, RSMo 1963 Supp. making, selling or providing commodities a misdemeanor.)
10-48 July 21 Hon. Robert L. Borberg WITHDRAWN
10-48 Sept 10 COUNTY CLERKS. The clerk of the county court in counties of the third class are authorized to select clerical help.
11-48 Jan 31 ELECTIONS.
HOSPITAL.
The term “General Election” means the election held in November of even years. Trustees not nominated by primary elections: any qualified person may be placed on ballot.
11-48 June 8 MAGISTRATE COURTS.
CRIMINAL PROCEDURE.
Warrant issued by magistrate and endorsed by county clerk may be served by sheriff of another county if endorsed by a magistrate of such county.
11-48 Oct 25 ELECTIONS. All identifying numbers on ballot must be concealed by black sticker.
11-48 Nov 22 COUNTY HOSPITALS. Restriction on number of trustees who may reside in town where hospital is located does not apply to trustees chosen at election.
12-48 Feb 20 TAXATION.
SCHOOLS.
Authority to issue bonds for construction of schoolhouse carries with it the authority of directors to impose a tax for sinking fund and interest in addition to the rate for current purposes.
12-48 May 19 PROBATE COURTS. Probate courts in this state have no power to commit a person under guardianship in said court because of habitual drunkenness to a state hospital or any other institution.
12-48 June 17 Hon. Joseph N. Brown WITHDRAWN
13-48 Jan 21 TAXATION.
SALES TAX.
Retail sales made by or to an educational institution supported by a religious organization are exempt from provisions of the Sales Tax Act.
13-48 Apr 12 INTOXICATING LIQUOR. (1) Corporation or individual owner, as licensee of several retail stores or outlets licensed to sell intoxicants at retail, may purchase intoxicants, place the intoxicants in central warehouse or on licensed premise, and then distribute the intoxicants as needed to the various licensed stores or retail outlets belonging to this same corporation or individual owner. (2) The transfer of intoxicants from store to store, and between stores or outlets, all belonging to the same corporation or individual owner, as licensee, is not done in violation of the Liquor Control Act of Missouri, particularly Section 4913, R.S. Mo. 1939.
13-48 Apr 30 CONSERVATION COMMISSION FISH & GAME LAWS.
CRIMINAL PROCEDURE.
Persons taking and possessing fish from private lakes are subject to prosecution unless they have obtained a Co. or State fishing permit, or the owner of said lake has obtained a game breeders permit and furnished such persons with a written statement as provided in Secs. 55 & 56, Wildlife & Forestry Code of Missouri.
13-48 May 7 BD. OF PROBATION & PAROLE. (1) Board of Probation & Parole has authority under the law (Sec. 8992.39, Laws of Mo. 1945) to parole (release upon condition) an inmate of a correctional institution of the State of Mo., to the custody of the warden of a penal institution in another State or to the warden of a U.S. Penitentiary; (2) If an inmate is paroled to a detainer said inmate could be returned to the Missouri Penitentiary for a parole violation which occurred after his release from the out-of-state institution and before the expiration of the Missouri sentence.
13-48 July 29 APPROPRIATION.
REFUND.
Present claim for a refund may be assigned.
13-48 Aug 2 MAGISTRATES.
JUSTICES OF THE PEACE.
Justices of the peace qualified for appointment as additional magistrate.
13-48 Nov 10 INSANE PERSONS. Probate Court of County wherein a State Hospital is located does not have jurisdiction to pass upon the sanity of pay patient within such hospital unless they are residents of that county.
14-48 Oct 14 CORONERS. If coroner is unable to take inquest, any magistrate, or judge of the county of record of the county may take the inquest.
15-48 Jan 17 RECORDER OF DEEDS.
MARRIAGE.
Under Section 3364, page 640, Laws of Missouri, 1943, applications for marriage license must be presented and filed with the recorder of deeds that issues said license.
15-48 Apr 2 PENSIONS.
SOCIAL SECURITY.
Necessary that recipients of old age assistance continue to be residents of the state in order to qualify.
18-48 Feb 2 COUNTY HIGHWAY COMMISSION. The terms of members of County Highway Commission begin on the date of the appointment of the original commission by the county court, and thereafter, one commissioner should be appointed each year for a four-year term beginning on that date.
18-48 Feb 11 MAGISTRATE COURT. Magistrate cannot require deposit for costs in all civil proceedings.
18-48 Apr 9 MAGISTRATE COURTS.
MARRIAGE.
Magistrate can solemnize marriages in his county alone except under certain conditions.
18-48 Sept 13 SCHOOLS. District must pay tuition of high school students outside the district. Parents liable for tuition when.
19-48 June 2 UNIVERSITY. Matching of funds appropriated for construction of dormitories.
19-48 Sept 2 METROPOLITAN AREA PLANNING COMMISSION. Method of procedure in creating obligations and paying expenses.
19-48 Dec 3 UNIVERSITY OF MISSOURI.
PROPOSED VOCATIONAL SCHOOL AT CAMP CROWDER.
Proposed conveyance of real estate from Federal Government to Board of Curators of the University of Missouri for use as site for vocational school, restricting same to that use for twenty-five year period, providing for semi-annual reports to War Assets Administration, providing against sale of property within twenty-five years of date of deed without consent of the United States, and providing for reversion to the United States in the event of violation by the Board of Curators of certain restrictions would convey absolute fee simple title to the Board of Curators within the meaning of “An Act to establish a Missouri State Vocational School”, Laws Mo. 1947, pp. 364-365.
20-48 May 21 CIRCUIT CLERKS.
TRANSCRIPTS.
FEES.
Circuit clerks may charge 10¢ per hundred words and figures for preparing and certifying the record proper, and 5¢ per hundred words and figures for inserting and certifying the bill of exceptions or abbreviated transcript of the evidence in cases on appeal to the appellate courts.
20-48 July 10 DRAINAGE DISTRICTS. Merchantable timber growing in ditches of a county court drainage district may be sold by the county court and the proceeds credited to such drainage district.
20-48 July 16 Hon. Edward Cusick WITHDRAWN
20-48 Sept 21 Mr. Marshall Craig WITHDRAWN
24-48 Mar 1 STATE FAIR.
APPROPRIATIONS.
Money cannot be expended by the State out of existing or proposed appropriations for the purchase of the Veterinary Building located on the State Fair Grounds.
24-48 Mar 22 TAXATION.
SCHOOLS.
ELECTIONS.
Tax levy voted to increase taxes for construction of new school building can be earmarked for construction of such building. Additional levy may be voted at subsequent election if necessary for construction of school building. Notice of purpose of increase and rate of increase is sufficient to earmark taxes received from such levy.
24-48 May 22 CONSTITUTIONAL LAW.
MILK.
Illegal milk delivered to dairy products plant which has not been purchased by such plant may be colored with harmless coloring matter by agents of Department of Agriculture or any “A” or “C” grader licensed by said department. Sec. 14103, Laws of Mo. 1945, p. 83, is constitutional.
24-48 Sept 22 JURIES.
PAYMENT OF BOARD BILL OF JURIES.
Board bills of juries in cases in which state is liable for costs should be submitted with the criminal cost bill and county court should not be billed for such expense.
24-48 Nov 16 INTOXICATING LIQUOR. Intoxicating liquor in interstate commerce “across” the State of Missouri from Illinois to Oklahoma cannot be seized for not bearing Missouri revenue stamps.
25-48 Jan 22 SHERIFFS. Sheriff is entitled to per diem provided in Section 13411, R.S. Mo. 1939, for attendance in courts of record. Fee is properly allowed to the sheriff and not to the deputy for the deputy’s attendance.
25-48 Feb 9 HIGHWAY ENGINEERS.
COUNTIES.
In counties having a population of more than 20,000 and less than 50,000 inhabitants where the county surveyor is ex officio highway engineer, under Section 8660, R.S.Mo. 1939, the county court may not appoint a county highway engineer prior to January 1, 1949, or until after expiration of term of office of such county surveyor or a vacancy exists in the office of county surveyor.
25-48 Mar 19 CHIROPRACTIC BOARD. Applicant for license must make grade of 60 per cent in each subject, and 75 per cent average on entire examination.
26-48 Jan 29 MAGISTRATES. Term of additional magistrate ends at next general election.
26-48 Feb 6 COUNTY TREASURER.
HIGHWAY ENGINEER.
SURVEYOR.
County treasurer elected in 1948 in township organization county serves 4 year term. County surveyor is to be elected in 1948, but by such election does not become ex officio highway engineer.
26-48 Oct 1 MOTOR VEHICLES. Provisions of Motor Vehicle Safety Responsibility Act inapplicable to claim allowed in bankruptcy proceeding.
27-48 Feb 21 MAGISTRATES.
STATE HIGHWAY PATROL.
CRIMINAL LAW.
Members of the State Highway Patrol may execute warrants anywhere in the State of Missouri when directed to them for the arrest of persons for criminal offenses pertaining to the operation of motor vehicles upon the highways of this state.
27-48 Mar 10 CORPORATION FRANCHISE TAX. Foreign corporation not required to pay Missouri corporation franchise tax in year of commencing business in the state.
27-48 May 11 TAXATION AND REVENUE. Missouri State Tax Commission does not have authority to apportion “distributable property” of railroad company of similar public utility to public library districts.
27-48 June 29 AGRICULTURE.
OLEOMARGARINE.
It is lawful to sell colored oleomargarine in the State of Missouri.
27-48 Aug 19 TAXATION AND REVENUE. Foreign corporation not engaged in business in Missouri is not liable to Missouri franchise tax.
27-48 Nov 8 OFFICERS.
TOWNSHIP COLLECTOR.
Township collector by changing his residence to another township does not thereby forfeit his office and may collect taxes in the township in which he is elected until he is removed.
27-48 Nov 29 TAXATION. Corporation electing to file franchise tax return under Section 144, Laws of Missouri, 1943, page 410, is to be taxed upon total value of assets.
27-48 Dec 11 ROADS AND BRIDGES. General road district in county under township organization may contribute funds to county court for construction of bridge over stream dividing township from another township within same county.
27-48 Dec 30 INSURANCE. Approval of proceedings for increase of capital stock of Commonwealth Life and Accident Insurance Company.
30-48 Feb 24 DRAINAGE AND LEVEE DISTRICTS. St. John Drainage and Levee District has implied authority to enter into assurances assuring the United States that it will maintain, after construction, the levee the construction of which is contemplated by the United States.
31-48 Mar 3 BAIL BONDS. The clerk of the circuit court may fix bail and take a bond or recognizance where the defendant is under arrest or in custody after an information or indictment has been filed, and when court is not in session.
31-48 June 24 OFFICERS.
SALARIES.
Circuit Clerk and Ex-officio Recorder entitled to additional compensation provided in Senate Bills 247 and 274, 64th General Assembly.
31-48 Nov 17 TAXATION.
COUNTIES.
Counties may not exact a gasoline tax in the absence of specific legislation authorizing same.
33-48 Feb 18 CRIMINAL LAW.
MOTOR VEHICLES.
Under reciprocal provisions, a resident of Michigan may operate a motor vehicle for a period of 90 days in any 1 year without registering same with the Commissioner of Motor Vehicles.
33-48 May 26 WORKMEN’S COMPENSATION.
SECOND INJURY FUND.
Second Injury Fund provided for in Section 3707, R. S. Mo. 1939, and amendments thereto, is liable for the payment of additional medical attention to an injured employee by special order of the Workmen’s Compensation Commission, even though such employee is drawing regular payments from said Fund because of permanent total disability.
33-48 June 10 INHERITANCE TAX.
EXEMPTIONS.
Proceeds of pension under the provisions of the Federal Retirement Act are exempt from inheritance tax.
33-48 June 10 ELECTIONS. Where a person has duly filed for public office and within the proper time files a withdrawal of that candidacy, said person cannot subsequently file a withdrawal of the withdrawal.
33-48 June 29 WORKMEN’S COMPENSATION. An employer, under the terms of Section 3707, Laws of Missouri, 1945, page 1998, must pay the sum of $100.00 into the Second Injury Fund, where an employee suffers the total, permanent loss of the use of an eye, resulting from two accidental injuries.
33-48 Aug 2 EXTRADITION.
SHERIFFS.
Sheriffs may retain expenses incurred as a messenger of the Governor in returning fugitive from another state or territory.
33-48 Sept 24 OFFICERS. Incumbent public officer entitled to retain office until successor elected or appointed and qualified.
33-48 Oct 8 DIVISION OF WORKMEN’S COMPENSATION. The Division of Workmen’s Compensation may, under Sec. 3727, R.S. Mo. 1939, adopt and enforce rules of procedure in the administration of the Compensation Act.
33-48 Oct 22 Hon. James Glenn WITHDRAWN
33-48 Nov 30 SHERIFFS. Sheriff transporting veteran to veterans’ hospital pursuant to order of probate court and paid 5¢ per mile by Veterans’ Administration is not entitled to additional 5¢ per mile from county.
33-48 Dec 16 DOGS AS DOMESTIC ANIMALS WITHIN MEANING OF SEC. 4556, R. S. MO. 1939. Dogs are domestic animals. Section 4556, R.S.Mo. 1939, is applicable to dogs as well as to the animals specifically mentioned therein.
34-48 Mar 12 CRIMINAL LAW.
MAGISTRATES.
When several defendants jointly charged with a felony and one defendant disqualifies the magistrate at a preliminary hearing, that magistrate shall continue to examine other defendants. If, on the trial before a magistrate for a misdemeanor, it appear from evidence defendant should be put on trial for a felony, it is the duty of magistrate to dismiss the misdemeanor charge and proceed to have defendant charged with a felony in conformity with the statutes.
35-48 Jan 28 DUTIES OF PROBATION OFFICER. Mentally deficient child ordered committed to state hospital by Juvenile Court in St. Louis should be taken to the hospital by the Probation officer rather than by the sheriff.
36-48 Mar 5 MAGISTRATE COURTS.
FILING FEE.
Disposition of $5.00 filing fee paid to the clerk of the magistrate court upon granting a change of venue.
36-48 Sept 23 VITAL STATISTICS.
HOUSE BILL NO. 65.
Only information from records of clerks and recorders may be required by State Registrar.
37-48 Jan 14 OFFICERS. Deputy sheriffs appointed by the sheriff in counties of third class under authority of Sec. 2, Laws of 1945, p. 1562, do not have a “term of office” and compensation of such deputies may be changed at any time by the circuit judge.
37-48 Jan 21 CITIES OF THIRD CLASS.
ORDINANCES.
DRUNKEN DRIVING.
City of third class has power to arrest, try and fine a person driving a motor vehicle while intoxicated within the limits of such city when an ordinance on such subject has been passed.
37-48 Feb 20 CHIROPODY. Person advertising as “orthopedic shoemaker” and “foot appliance specialist” is engaged in practice of chiropody.
37-48 Apr 28 LIQUOR LAWS. Sec. 4992, R.S. Mo. 1939, applies to the provisions of Art. 2, Chap. 32 in existence at the time said Sec. was enacted, and also applies to any provision of Art. 2, Chapter 32, enacted by the Legislature since the time of its enactment.
37-48 July 1 OFFICERS. Offices of Judge of County Court and Member of the County Board of Education inconsistent.
37-48 Aug 6 STATE COLLEGES.
BOARD OF REGENTS.
Vice President of Board of Regents should serve remainder of biennium upon death of President.
37-48 Nov 22 MOTOR VEHICLES. Invalid’s chair with gasoline motor not required to be licensed.
40-48 June 30 SCHOOLS. Money may not be transferred from Building Fund to Incidental Fund.
41-48 Feb 5 TAXATION OF ACCOUNTS OF CREDIT UNIONS, H.B. 407, 64TH GENERAL ASSEMBLY.
TAX RETURNS.
(1) It is mandatory under H.B. 407, 64th General Assembly, Laws Mo. 1947, page 236, for credit unions to file tax returns on calendar year basis. (2) Tax is to be computed on basis of dividends accruing at the end of the fiscal year occurring in the preceding calendar year. (3) Said H.B. 407 is unconstitutional, in so far as it provides for a 1947 tax based upon dividends declared on Sept. 30, 1946, which last mentioned date was prior to July 1, 1947, the effective date of said H.B., but is constitutional as to taxes for 1948 and succeeding years.
42-48 Feb 11 Hon. F. M. Horton WITHDRAWN
42-48 Apr 1 TAXATION.
SCHOOLS.
MAGISTRATE COURTS.
Cannot increase rate of taxation for school purposes at school meeting unless notice of such proposition is given. Warrant must issue forthwith when information filed unless defendant is voluntarily present at that time.
42-48 May 20 MAGISTRATE COURTS. Magistrates cannot give instructions in civil cases.
42-48 May 24 APPROPRIATIONS. That part of Sec. 3.040 of House Bill No. 449 of the 64th General Assembly appropriating $100,000 for purchase, installation and operation of equipment necessary to administration of Permanent Registration Law does not authorize payment of any salaries out of such appropriation.
42-48 May 29 BLIND PENSIONS. Construing Section 9457, page 1350, Laws of Missouri, 1945, relative to the payment of accrued unpaid balance upon the death of a recipient, to the legal representatives of such pensioner.
42-48 June 17 APPROPRIATIONS. Members and secretary of Industrial Commission of Missouri are to be compensated for the period of July 1, 1948, to July 19, 1948, from funds appropriated under Sec. 4.270 of House Bill No. 450 of 64th General Assembly.
42-48 July 2 MAGISTRATES.
MAGISTRATE CLERKS.
Magistrate may raise salary of clerk when assessed valuation is finally placed at higher level.
42-48 July 22 TAXATION.
REVENUE.
Refund of Missouri Motor Fuel Tax may not be made to Veterans Administration from money appropriated under Section 3.060 of House Bill No. 172 of the 64th General Assembly.
42-48 Aug 10 APPROPRIATIONS. Deficiency in sum appropriated under Sec. 2.093 of House Bill 448 of the 64th General Assembly to be prorated among all counties of the state.
42-48 Aug 19 COUNTY COURTS.
ROADS AND BRIDGES.
County court does not have power to give a bridge on an abandoned county highway to a special road district in another county, nor does the county court have power to sell such bridge to a special road district in another county for a nominal consideration.
42-48 Sept 9 TAXATION.
REVENUE.
Method of distribution of County Stock Insurance Fund.
42-48 Nov 16 COUNTY MEMORIALS. State’s contribution to county memorial to Monroe County approved; to Knox County disapproved.
42-48 Nov 29 CRIMINAL LAW. Issuance of certified copy of judgment and sentence or “commitment” a mere ministerial act and errors therein may be corrected.
42-48 Dec 9 APPROPRIATIONS. Attorney fee paid in connection with issuance of revenue bonds not “matching funds” within the meaning of an act found Laws of 1945, page 397, and an act found Laws of 1947, Vol. I, page 175.
42-48 Dec 21 CRIMINAL LAW AND COSTS. Costs for issuing search warrants to agents of the Conservation Commission.
42-48 Dec 27 WITNESSES. Wife is competent witness against husband for failure to support wife and minor child. Same when wife is divorced.
43-48 June 18 TAXATION. Dirt moving and hauling machinery used by foreign corporation contractor in work on railroad in Iron County, if present on January 1st, is taxable in Iron County.
43-48 June 22 TAXATION.
ASSESSORS.
COUNTY COURTS.
County court may not control the county assessor in determining the assessment lists of personal property which he will make.
44-48 Mar 15 LABOR. Division of Industrial Inspection does not have authority to make or promulgate rules and regulations.
45-48 Feb 19 INSURANCE-REINCORPORATION OF COMPANIES. Insurance companies organized under the provisions of Art. III, Chapter 37, R.S. Mo. 1939, may reincorporate under the provisions of Art. IV, Chapter 37, R.S. Mo. 1939, to make insurance on the stipulated premium plan.
45-48 Mar 10 INSURANCE. It is not mandatory for insurance companies or associations doing business on the stipulated premium plan, under section 5885, Article IV, Chapter 37, R. S. Mo. 1939, to obtain an application for insurance before issuing the policy, or to attach an application to a policy when issued.
45-48 Apr 22 MUTUAL INSURANCE COMPANIES ORGANIZED UNDER ARTICLE 7, CHAPTER 37, R. S. MO. 1939. Such companies under H.B. 498, may write multiple insurance lines, including fire insurance and thereby are subjected to all of the provisions of Article 8, Chapter 37, R. S. Mo. 1939.
45-48 Apr 23 INSURANCE COMPANIES ORGANIZED UNDER ARTICLE 7, CHAPTER 37, R. S. MO. 1939. Insurance companies organized under Article 7, Chapter 37, R. S. Mo. 1939, may issue a policy on personal property, known as a “floater” policy that might involve loss by fire in transportation.
45-48 Oct 12 LIFE AND ACCIDENT INSURANCE. A domestic life or accident insurance corporation may, under the terms of Section 5886 and Section 5894, Article 4, Chapter 37, R.S. Mo. 1939, reincorporate to carry on insurance on the stipulated premium plan. The direction and handling of the business of such reincorporated insurance company must be done and performed by the board of directors of the reincorporated company.
46-48 Jan 2 APPROPRIATIONS. Compensation of members of the Public Hearing Panel, under House Bill No. 180, should be paid out of the appropriation of the State Board of Mediation.
46-48 Jan 13 BARBER BOARD. Person attending approved out-state school entitled to receive credit for education in applying for license to barber.
46-48 Jan 14 BOARD OF MEDIATION. Board of Mediation has no jurisdiction in labor disputes between municipally owned public utilities and their employees.
46-48 Aug 14 ELECTIONS.
COMPENSATION.
Clerks and judges of election and clerks employed by the day by the Board of Election Commissioners of St. Louis County are entitled to statutory compensation for each calendar day actually worked.
46-48 Nov 19 OFFICERS. Deputy county clerk in fourth class county may also serve as county highway engineer.
47-48 Jan 21 INHERITANCE TAX. When by reason of death of one co-owner of an estate by the entirety in either real or person property, the survivor acquires the whole estate therein, the property is not subject to assessment of inheritance tax. When by reason of the death of one co-owner of property, real or personal, held by two or more persons as joint tenants, acquires the interest of the deceased by reason of surviving, such property is not subject to assessment of inheritance tax.
48-48 June 1 PROBATE JUDGE.
MAGISTRATE.
Lawyer must reside in county sixty days to qualify for the office of probate judge and ex officio magistrate.
48-48 Aug 19 Hon. Esco V. Kell WITHDRAWN
49-48 Jan 6 COUNTIES.
FARM TO MARKET.
COUNTY BUDGET ACT.
The county court may anticipate the state aid for farm to market roads in its budget.
49-48 Jan 28 COUNTY BUDGET. In counties of second class money collected by county collector in December and turned over to county treasurer in January of succeeding year may be carried forward in budget as “cash surplus.” County treasurer is not authorized to set up separate cash fund from previous years and refuse to pay warrants of current fiscal year from such fund.
49-48 Nov 15 FURNITURE MANUFACTURERS MUST KEEP RECORD PROVIDED IN SECTION 4543. Furniture manufacturers who buy trees or parts of trees for manufacture into timber products are required to keep a record as provided in Section 4543, R.S. Mo. 1939 including the section, township, and range of the county from which such timber was cut and taken.
51-48 Feb 10 SCHOOL DISTRICT FUNDS. Four questions, funds, transportation, distribution of funds, school board district liability.
51-48 Mar 12 MAGISTRATES.
NEPOTISM.
COUNTIES.
Magistrate is not in violation of the nepotism law by the county court appointing his sister to assist him under Section 21, page 241, Laws of Missouri, 1947.
51-48 Apr 9 OFFICERS.
UNIVERSITY.
PROFESSORS.
Professor who accepts royalty checks for books used in the University violates Section 10811.
51-48 Apr 16 INSURANCE.
TAXATION.
Personal property in the office of a farmers mutual insurance company is taxable in this State.
51-48 Oct 27 COUNTY HOSPITALS. Trustees of County Hospital formed under provisions of Article 4, Chapter 126, R. S. Mo. 1939, as amended Laws 1945, cannot bring suit or be sued as such but actions pertaining to such hospitals must be brought in the name of the real party in interest-the County.
51-48 Dec 3 PROBATE JUDGES. Salary in counties with population from 30,000 to 70,000 determined by assessed valuation of real and tangible personal property and value of intangible personal property not included.
53-48 Mar 10 PUBLIC HEALTH AND WELFARE.
CANCER COMMISSION.
Final administrative authority of Cancer Hospital is Director of the Department.
54-48 Mar 31 PUBLIC HEALTH AND WELFARE. Deputy administrator of Food and Drug is subject to the Merit System Act.
56-48 Mar 4 Mr. Frank C. Mann WITHDRAWN
57-48 Jan 15 PROSECUTING ATTORNEY. Where a Missouri statute fixes the salary of the county officer on the basis of population of the county and provides no method of determining such population, the population is to be measured by the last decennial census of the United States.
57-48 Mar 10 PUBLIC HEALTH AND WELFARE.
CANCER COMMISSION.
Final administrative authority of Cancer Hospital is Director of the Department.
57-48 Mar 12 BAIL.
CRIMINAL LAW.
CIRCUIT COURT.
Authority of prosecuting attorney and circuit court to relieve sureties on bail bond when defendant fails to appear.
57-48 Mar 13 SCHOOLS. In prosecuting an action for violation of Compulsory Attendance School Law, information must be filed.
57-48 May 13 SHERIFFS. Sheriff in third class county is not authorized to charge county for incidental services supplied prisoners.
57-48 May 17 CRIMINAL COSTS. County court liable for costs accruing as a result of a criminal complaint filed by individuals other than officer where accused is not arrested.
57-48 June 3 TAXATION.
MERCHANT’S TAX.
Farmers who hatch chickens or buy baby chicks and raise such chickens and ship them to market are not “merchants,” and such chickens as they own should be assessed as personal property on Jan. 1st of each year. Farmers who raise minks and sell pelts and breeding stock are not “merchants,” and should be assessed Jan. 1st of each year on value of minks owned at such time.
57-48 Sept 9 CHATTEL MORTGAGES.
RECORDER OF DEEDS.
When recorder shall file or record a chattel mortgage.
57-48 Nov 18 JURY. Board of jury commissioners may determine number of jurors to be selected from each township for jury panel.
57-48 Dec 21 MAGISTRATE COURTS.
JUDGMENTS.
JUSTICE OF THE PEACE.
No fee is allowed the magistrate in a proceeding to revive a judgment of the justice of the peace court the record of which was delivered to the magistrate.
58-48 July 28 Hon. Oral H. McCubbin WITHDRAWN
59-48 Mar 17 Hon. L. Clark McNeill WITHDRAWN
59-48 Mar 19 GRAIN WAREHOUSE ACT. Public warehouseman in Missouri who has published schedule of rates for storage of grains under Sec. 24, Laws 1941, p. 373, and is operating under a warehouse license in this state, cannot discriminate between customers and cannot deviate from published schedule as to period of free time or any other charge. Mill operating in Missouri which is not licensed can accept grain for storage if it falls within the definition of “local public warehouse”
59-48 July 9 Hon. L. Clark McNeill WITHDRAWN
59-48 Nov 24 COUNTY SCHOOL FUND. Proposal to liquidate carried where receives majority of votes cast both for and against proposal.
59-48 Dec 3 GRAIN AND WAREHOUSE. Operator of elevator storing grain for United States government requesting and obtaining state inspection must obtain state license. Name of each elevator should be shown on state license. License should be displayed in office room of elevator building. It is optional with local public warehouseman whether or not he secures state license. State warehouse receipt may be issued only by licensed public warehouseman on form approved by commissioner. Registrar must be appointed at each place where licensed public warehouse is situated.
60-48 Apr 29 TAXATION.
ASSESSORS.
Assessor’s duty to extend tax on omitted property in previous years, not county clerk’s duty.
60-48 June 15 TAXATION.
ASSESSORS.
Where county assessor resigned before May 31st and did not make verification of assessor’s books, and successor did not qualify until June 10th, verification by affidavit of assessor’s books is not required to make valid assessment.
60-48 Sept 28 ELECTIONS. At a general election a voter may “write in” the name of any person he chooses for any office he chooses without regard to whether or not there is a regular party nominee. The person receiving the majority vote for any particular office is the person elected to said office.
62-48 Jan 6 ELECTIONS. Canvass to be made after all intermediate registrations as provided for in Section 11872 of the Revised Statutes of Missouri for 1939, discretionary with the Board of Election Commissioners.
62-48 Jan 15 COUNTY COURT.
COUNTY CLERK.
County court may not pay county clerk compensation for acting as agent for county in making contracts under the King-Thompson road bill.
62-48 Mar 15 COUNTY LIBRARY DISTRICTS. Dissolution of district not authorized under Section 14767.
62-48 Apr 23 COUNTY BUDGET. Appropriation for Ripley County Farm Bureau ordered to be made by Circuit Court, should be included in Class 4 of budget, and if there are insufficient funds in Class 4 to pay all approved estimates of said class, such funds should be apportioned to each office in proportion to the approved estimates of each office in Class 4. County Court cannot reduce estimated expenditures for Circuit Court expenses below 1946 and transfer such amount to Class 4 for County Farm Bureau.
62-48 May 20 COUNTY LIBRARY. Qualified voters of a city having a tax-supported free library may not vote on the question of becoming a part of a free county library system at the same time the county votes on the establishment of a county library system.
62-48 June 4 COUNTY COURT.
COUNTY FUNDS.
Money raised under tax levy ordered by circuit court for erecting a jail must be deposited in county depositary and cannot be invested in United States Government Bonds.
62-48 June 11 OFFICERS.
PROFESSORS.
UNIVERSITY.
Section 10811, R. S. Mo. 1939, is not violated by professors who assign the royalty payments to organizations whereby personal gain does not inure to the professors.
62-48 Sept 20 Miss Kathryn P. Mier WITHDRAWN
62-48 Sept 22 AUCTIONEER.
REAL ESTATE BROKERS.
Auctioneer’s license required to sell real estate at public auction, but licensed auctioneer not required to obtain real estate broker’s license for such sales.
63-48 June 11 PENSIONS.
PROBATE COURT.
Probate court may waive statutory fees in guardianship proceedings for applicants or recipients of old age assistance.
63-48 Sept 3 Mr. H. H. Mobley WITHDRAWN
64-48 Feb 5 CREDIT INSTITUTIONS TAX ACT.
TAX RETURNS.
Tax returns under act must be filed on calendar year basis rather than fiscal year basis, and must be computed on basis of income for preceding calendar year.
64-48 Mar 22 CONSTITUTIONAL LAW AND SCHOOLS. Section 7, Article IX, Constitution of Missouri, 1945, providing for distribution of liquidated county school fund refers to entire capital of fund.
64-48 Apr 15 TAXATION AND REVENUE. Method of computation of Missouri inheritance tax upon contingent remainders under Sec. 597, R. S. Mo. 1939, as amended, Laws 1943, p. 307.
64-48 July 28 TAXATION.
REVENUE.
Construction of House Bill No. 888 of the 63rd General Assembly found Laws of Missouri, 1945, page 1921, as applied to banks located within the City of St. Joseph, Missouri.
64-48 Nov 29 ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
Special road district in county under township organization is entitled to have returned to such special road district all revenue raised by taxation of property within the special road district under levy authorized by Section 8820, Laws of 1947, page 483.
65-48 Feb 16 DRAINAGE DISTRICTS. Drainage Districts organized by Circuit Court may issue bonds without vote of two-thirds of voters.
65-48 Mar 12 TAXATION.
COUNTY.
BONDS.
SPECIAL ROAD DISTRICTS.
Taxes levied under Sec. 11(c), Art. X, Consti. ’45, and Sec. 8606, page 1478, Laws ’45, to retire bonds voted must be levied against all taxable property in the county. It is the duty of collector to collect all taxes levied on property except as otherwise provided in Sec. 11084, R.S.Mo. ’39. Special road districts not entitled to receive foregoing taxes on property located in said districts.
65-48 Mar 15 HEARING IN PROBATE COURT BEFORE DISCHARGED COUNTY PATIENT IN STATE HOSPITAL FOR THE INSANE CAN BE RE-COMMITTED. County patient discharged by State hospital for the insane cannot be re-committed without a further sanity hearing by Probate Court.
65-48 May 6 SCHOOLS. District transporting school children to another district may not sell school house.
65-48 May 25 APPROPRIATION FOR OFFICE OF THE DIRECTOR OF DIVISION OF MENTAL DISEASES. The Director of the Division of Mental Diseases has authority, with the ordinary departmental approval, to employ firm of consulting engineers to make survey of water facilities at state hospital, and pay said firm out of funds appropriated for payment of necessary employees of the office of said director.
65-48 June 18 VITAL STATISTICS.
PUBLIC HEALTH AND WELFARE.
Section 24(2) of Uniform Vital Statistics Act is violated by issuing different types of certificates for legitimate and illegitimate births.
65-48 Aug 6 APPROPRIATION TO DIVISION OF MENTAL DISEASES FOR ADDITIONS, REPAIRS AND REPLACEMENTS TO PRESENT BUILDINGS AND EQUIPMENT. Appropriation to Division of Mental Diseases for **** replacements to present buildings available for building new dwelling house on farm purchased by state for State Hospital No. 1 in lieu of inadequate dwelling house removed by said division.
66-48 Mar 23 NEWSPAPERS. The provisions of Section 14968, R.S.Mo. 1939, as amended Laws of Missouri 1943, page 859, relating to duration of consecutive publication of newspapers do not apply to newspapers which became legal publications prior to the effective date of the 1937 act, Laws of 1937, page 432, or the Act of 1943, Laws of 1943, page 859.
66-48 May 14 STATE BOARD OF TRAINING SCHOOLS.
RESIDENCE.
Employees of Board not required to be residents; officers appointed by Board, except those who are specialists, must have resided in state for one year.
66-48 June 24 TRAINING BOARD. Construction of Section 8994, Senate Bill No. 289, passed by the 64th General Assembly, relating to commitments to the State Board of Training Schools.
66-48 June 30 ELECTIONS. Primary election returns for elective state officers canvassed by board of state canvassers.
66-48 June 30 MOTOR VEHICLES. Association of farmers organized for the sole purpose of transporting milk from their farms to market in St. Louis required to take out a local commercial motor vehicle license.
66-48 Nov 29 CORPORATIONS – DISSOLUTION. A banking corporation is not dissolved by reason of the sale of its assets or property to another banking corporation.
66-48 Dec 8 Hon. Edgar C. Nelson WITHDRAWN
67-48 Oct 11 ELECTIONS. City Election on tax levy to be held in conjunction with general election on November 2, 1948; proposition for increase in city tax levy in St. Joseph, a first class city, for the purposes specified in Act of January 25, 1946, Laws Mo. 1945, pp. 1286-1288, may be voted upon at November General Election, and election machinery provided for general election may be utilized, including election judges and clerks.
67-48 Dec 7 SHERIFFS. Sheriff in county of second class may: (1) retain compensation for official services in civil matters not to exceed a yearly sum of $3900.00; (2) sheriff in second class county may not retain monthly a sum in excess of one-twelfth of $3900.00; (3) except said sheriff may retain during last month of his official year a sufficient amount as will cause his compensation for the official year to reach the amount of $3900.00.
67-48 Dec 22 COUNTY COURTS.
BUDGET LAW.
CONSTITUTIONAL LAW.
Sec. 18, Art. 6, Constitution, is self-enforcing and county court upon request and charter commission should provide in budget for expense of holding election for approval or rejection of charters and should include in budget actual and necessary expenses of the charter commission, such amount to be determined by the county court.
67-48 Dec 31 Hon. William B. Norris, Jr. WITHDRAWN
69-48 Jan 15 PROBATE COURTS.
INSANE PERSONS.
Further insanity hearing not necessary when pay patient made county patient.
72-48 May 19 COUNTY MEMORIAL HOSPITAL. Private or pay patients are eligible for admission into a county memorial hospital or a memorial addition to an existing county hospital.
72-48 July 8 MUNICIPALITIES.
STREETS.
TRAFFIC REGULATIONS.
Kansas City may enact ordinances providing for reversible lanes for expediting traffic on Broadway from Linwood to Westport Avenue.
73-48 July 16 CIRCUIT CLERKS.
RECORDERS.
FEES.
Circuit clerk’s and recorders’ fees collected under provisions of House Bill No. 65 of the 64th General Assembly must be turned into the county treasury.
74-48 Jan 17 SCHOOLS. Tuition cannot be paid for elementary pupils voluntarily attending other districts and such pupils cannot be counted toward teaching units.
75-48 Feb 19 SCHOOLS.
COUNTY SUPERINTENDENT.
Meals and lodging are a part of county superintendent’s traveling expenses, and mileage shall be allowed for travel outside his county.
75-48 July 16 BOARD OF PHARMACY. Pharmacist licensed in England entitled to license by reciprocity in this state upon showing that England extends reciprocity to Missouri licensees.
77-48 June 9 ASSESSORS.
FEES.
County assessor in county of 4th class having a population of over 7500 according to 1940 census is entitled to 45¢ for each nonresident real estate list.
77-48 Nov 9 LIBRARY STATE APPROPRIATIONS. 1) Purchases of supplies made without certification of Comptroller and Auditor are void and State not liable for payment. 2) Title to void purchase remains in seller and State may later purchase such supplies.
80-48 Mar 15 SHERIFFS.
MAGISTRATE COURT.
EMINENT DOMAINS IN COUNTY COURTS.
Sheriff allowed fee for each day he or deputy attends magistrate court. County court can condemn land to establish public roads.
81-48 Jan 9 APPROPRIATIONS.
TRAINING SCHOOLS.
Appropriations for Training Schools at Boonville, Chillicothe and Tipton for payment of teachers’ salaries, educational supplies, etc., should not be made out of that part of the general revenue set apart for the free public schools.
81-48 June 7 TRUST COMPANIES. A trust company, under the laws of this State, may not acquire or own all of the capital stock, or a controlling interest, in another trust company in this State.
81-48 June 14 UNCLAIMED BANK DEPOSITS. The Commissioner of the Division of Finance in Missouri may not lawfully pay to one creditor or depositor unclaimed deposits remaining in his custody upon the liquidation of a bank or trust company to the exclusion of other creditors or depositors having claims against such fund. The Commissioner must, under Section 7898, R.S.Mo. 1939, after such unclaimed deposits have been held by him for a period of more than six years pay the same to the Escheat Fund of the State.
81-48 Aug 20 LOTTERIES. Theater scheme whereby contestant identifies local resident by clues is a lottery.
81-48 Aug 23 LOTTERIES. Merchandising scheme with prize award by lot and quiz question is a lottery.
81-48 Oct 21 ELECTIONS. Cross mark must be placed in square at the left of “write-in” candidate’s name.
81-48 Nov 10 CREDIT UNIONS. There is no statutory authority in Missouri permitting the changing of a state credit union to a federal credit union.
83-48 Mar 19 COUNTY LIBRARY. Election to establish County Library System to be held at annual school meeting and conducted as election for county superintendent of schools.
83-48 June 9 ELECTIONS.
RESIDENCE.
Persons residing on government lands ceded by the state are not residents for the purpose of voting.
83-48 June 9 MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
A lessee of a truck and driver for a period of less than ten days, for the purpose of transporting for hire property or persons, before operating said truck on the highways, must obtain a certificate of convenience and necessity from the Public Service Commission.
83-48 June 9 STATE BOARD OF TRAINING SCHOOLS. Board of Training Schools loses control of person transferred to adult correctional institution.
83-48 Aug 2 DIVISION OF PROCUREMENT. Duties of the State Purchasing Agent, with reference to contract for the erection of new buildings, repair and alteration of existing structures, and installation of equipment.
83-48 Aug 18 Hon. Wayne v. Slankard WITHDRAWN
83-48 Sept 1 PUBLIC WORKS. Missouri State Board of Training Schools is authorized to negotiate contracts for the erection of new buildings.
83-48 Sept 23 DIVISION OF PROCUREMENT. State purchasing agent to contract for maintenance service of equipment.
83-48 Sept 24 Hon. Wayne V. Slankard WITHDRAWN
83-48 Oct 29 MUNICIPAL CORPORATIONS AND TAXATION. State not subject to Ordinance No. 44678 of the City of St. Louis (Earnings Tax).
83-48 Dec 3 CIRCUIT JUDGES.
COMPENSATION AND EXPENSES.
Circuit judge when holding court outside of his circuit is entitled to five cents per mile, and ten dollars per day.
84-48 Feb 13 TAXATION.
MERCHANTS’ TAX.
PERSONAL PROPERTY TAX.
Stock of goods in store in Boone County, owned by resident of Randolph County, assessed in Boone County; fixtures in such store assessed in Randolph County. Stock of goods located in city, owned by individual who lives in county, assessed in city; fixtures in such store assessed only in county. When stock of goods or fixtures in store are owned by corporation, property is taxed wherever located.
84-48 Mar 11 LEGALITY OF COUNTY HIGHWAY ENGINEER’S BOND. 1. Bond not sufficient in amount. 2. Bond insufficient because qualification of legality keeps it from continuing conditions required by statute. 3. Members of County Court who voted to accept bond might be liable if damages accrued as a result of its insufficiency.
84-48 Sept 11 ELECTION. County committee may nominate candidate for county judge to fill vacancy caused by death of incumbent subsequent to primary.
87-48 Sept 20 ELECTION. Judges and precinct judges and clerks in St. Louis City, who worked past midnight on date of August primary, are not entitled to extra day’s pay therefor, but are limited to pay for days mentioned in Article 24, Chapter 76, Mo. R.S.A.
88-48 Nov 12 CORONERS. Coroner of St. Louis City elected November 2, 1948, takes office January 1, 1949. Bond in amount of $10,000.00 must be given by said Coroner within 20 days after election.
89-48 Mar 3 MAGISTRATE COURTS.
CHANGE OF VENUE.
Cost of making out transcript of record in change of venue to be charged after such chance of venue.
89-48 Mar 26 OFFICERS.
FEES.
PROSECUTING ATTORNEYS.
Prosecuting attorney is not entitled to fee for preparing transcript of bond issue voted for bridge improvement by county.
89-48 Apr 14 LIQUOR CONTROL. A licensee, convicted in a magistrate court of selling nonintoxicating beer to a minor, who files his appeal to the circuit court, has no right to operate during the time the appeal is pending, as such conviction has revoked his license as of the date of said conviction.
89-48 Apr 20 COUNTY COURTS.
BONDS.
Proper procedure for selling bonds under Sec. 3300, page 600, Laws of Missouri, 1945.
89-48 May 12 SHERIFF.
ELECTIONS.
For a person to be eligible for the office of sheriff in the State of Mo., pursuant to Sec. 13125, supra, the eligibility of said person must be demonstrable at the time of the commencement of the term of office and of the taking possession of the office. The term “resident taxpayer” means one must have paid or be subject to taxes on either real property, personal property, or intangible personal property and at least a portion of said taxes must go to the local government in the place of which the taxpayer resides.
89-48 Sept 28 MOTOR VEHICLES. “Taxicab” owner as defined by city ordinance, not complying with municipal regulatory ordinance, is subject to Motor Vehicle Safety Responsibility Act.
90-48 Apr 6 APPEALS. The Personnel Advisory Board under the State Merit System Act has jurisdiction to hear an appeal from the order of the Merit System Council.
90-48 Oct 14 TRAINING SCHOOLS.
STATE MERIT SYSTEM ACT.
By reason of certain enactments of the 63rd General Assembly, the director and superintendents of training schools of the State of Missouri are within the provisions of the State Merit System Act.
92-48 Dec 10 TAXES.
BRIDGES.
Limitations of time in which suits may be brought for collection of delinquent taxes on bridges across rivers.
93-48 Jan 5 Hon. Henry C. Walker WITHDRAWN
93-48 Jan 14 MOTOR VEHICLES. Relating to licenses for local commercial motor vehicles.
93-48 Jan 22 MOTOR VEHICLES.
DEALERS.
Motorcycle dealer’s license plates may not be used on automobiles offered for sale by such dealers.
93-48 Feb 10 PROBATE JUDGE.
OFFICERS.
Probate judge not licensed to practice law may succeed himself in office, if he was holding said office on March 30, 1945.
93-48 Mar 23 RECIPROCITY. Reciprocity agreement between Missouri and Illinois does not apply to Missouri vehicle licensed for local operation while operating in Illinois.
93-48 Mar 24 MOTOR VEHICLES. Self-propelled crane mounted on pneumatic tires, designed primarily for construction work, need not be registered as motor vehicle.
93-48 Apr 29 MOTOR VEHICLES. Operator’s duty, not manufacturer’s to see that motor vehicle is equipped with proper lights under Sec. 8386q, Mo. R. S. Ann.
93-48 June 2 COURTS.
SERVICE.
Witnesses must be served personally; service by telephone, etc., is not legal service.
93-48 Sept 7 Hon. Wayne T. Walker WITHDRAWN
93-48 Sept 15 CONSTITUTIONAL LAW.
HIGHWAY PATROL.
MOTOR VEHICLES.
Penalty assessment plan for motor vehicle violation would be unconstitutional.
93-48 Nov 5 MOTOR VEHICLES. Proof of financial responsibility must be maintained in the future.
93-48 Dec 15 STATE HIGHWAY PATROL.
CORONERS.
Coroner not authorized to issue blanket order requiring state patrol to leave dead bodies at scene of accident until his arrival.
94-48 Apr 2 MAGISTRATE COURTS.
CRIMINAL COSTS.
Where defendants are charged and tried jointly in the magistrate court, separate prosecuting attorney’s fees are chargeable, but only one set of clerk’s fees is chargeable.
95-48 Feb 14 DRAINAGE DISTRICTS. County court drainage districts liable for construction of or replacement of a collapsed bridge over one of its’s ditches.
95-48 Aug 4 COUNTY BOARD OF EDUCATION.
COMMON SCHOOL DISTRICT.
School board members and nonmembers both eligible to serve on county board of education. Board of directors cannot levy tax of sixty-five cents solely for building purposes without voter approval.
95-48 Oct 14 ELECTIONS. Duty of Judge to assist illiterate voter.
96-48 Mar 1 Hon. Walter Whinrey WITHDRAWN
96-48 Mar 10 MUNICIPAL CORPORATIONS. A municipality and a state agency of the state may contract and cooperate for the purpose of building a sewage disposal plant to be used by the city and the state agency.
96-48 July 20 SCHOOLS.
CONSTITUTIONAL LAW.
Section 3 (c), Article IX of the Constitution is self-enforcing; and it is the duty of the State Board of Education to enforce said provision.
96-48 Aug 5 SCHOOLS.
JUNIOR COLLEGES.
Senate Bill No. 4 of the 64th General Assembly applies to junior colleges.
96-48 Feb 7 Hon. Hugh P. Williamson WITHDRAWN
97-48 May 20 ELECTIONS.
COMMITTEEMAN.
Townships only entitled to representation when county has not recognized city wards as election districts.
97-48 June 17 DOUBLE JEOPARDY. Failure to support children is a continuing offense and one conviction therefor will not prevent subsequent conviction for some offense on another day, and will not subject person charged to double jeopardy.
97-48 July 10 CITIES.
AIRPORTS.
Cities of third-class may acquire land for airport without boundaries of said city and in another county. However, in the absence of specific legislation, said city cannot exercise police power for violations of regulations and laws on said airport.
97-48 July 21 COUNTY COURTS. County courts in counties of the third class may charge mileage for each trip in going to and from court.
97-48 Sept 23 Opinion Letter to the Honorable Robert P. C. Wilson III
97-48 Nov 16 TAXATION. Property not presently used for charitable or religious purposes not entitled to exemption from taxation.
98-48 Jan 6 STATE BOARD OF OPTOMETRY.
ADVERTISING.
The advertisement of optometric services on credit is the advertisement of “prices or terms for optometric services” under Section 10121 (g), R. S. Mo., 1939, as amended.
99-48 July 20 TOWNSHIPS.
ELECTIONS.
If proper petition is presented to county court requesting submission of the proposition of adoption of township organization at general election, subsequent to election at which township organization was voted out, question of adoption must be submitted to voters at next general election.
100-48 Jan 28 SCHOOLS. Money from sale of buildings bought with unappropriated funds by state teachers college need not be deposited in the State Treasury.