1949 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-49 May 5 TAXATION AND REVENUE. Corporate taxpayer receiving authority to file income tax return after due date thereof does not thereby forfeit option to pay tax due in installments.
1-49 May 13 MOTOR VEHICLES.
SUSPENSION OF DRIVERS’ LICENSES.
Section 8461 R.S.A. Mo., 1939, not repealed by section 5 of Motor Vehicle Safety Responsibility Law, Laws of Missouri, 1945, pages 1207 to 1222 inclusive, and particularly sections 5 thereof, although modified and supplemented thereby.
1-49 July 17 TAXATION AND REVENUE. The word “taxes” found in the Credit Institutions Tax Act of 1946 includes all governmental impositions by the state or any of its political subdivisions.
1-49 Aug 16 HEALTH AND WELFARE.
NARCOTIC DRUG LICENSE.
Applications for a license to sell narcotic drugs are permanent records and cannot be destroyed. Such applications may be microfilmed, that fact certified to the Governor, who may order the original records destroyed.
1-49 Aug 30 HEALTH.
HOTELS.
LICENSES.
Only hotels of single buildings with ten or more rooms required to be licensed. License fee may not be prorated.
1-49 Sept 9 MOTOR VEHICLES. Provision for refund of motor vehicle registration fee, found in Section 8369b, Mo. R.S.A., Laws of Missouri, 1947, page 382, is constitutional. Refund applies to all motor vehicles regardless of period for which registered.
1-49 Sept 22 HEALTH. Division of Health cannot examine records of manufacturers, wholesalers or distributors of carbonic gas to aid in collection of inspection fee on fountain syrups, flavors or extracts.
1-49 Sept 22 MOTOR VEHICLES. Financial Responsibility Act applies where judgment is in favor of bailor of automobile against bailee who damages same through negligent operation.
1-49 Oct 6 HEALTH.
HOTELS.
TOURIST CAMP.
Distinction between hotels and tourist camps for inspection purposes.
1-49 Oct 13 NARCOTICS.
FOOD AND DRUG.
A drug store or apothecary shop dispensing narcotics must have a registered pharmacist therein before the owner or employer may be granted a state narcotic license. (2) A state narcotic license is not required to buy and sell drugs which contain narcotics in amounts equal to or smaller than those stipulated in Section 9839 of the 1939 Revised Statutes of Missouri.
1-49 Oct 14 HEALTH. Section 9917, R.S. Mo. 1939, is in full force and effect, and it is the duty of the Bureau of Food and Drugs to enforce said section.
1-49 Oct 14 HOTELS.
FOOD AND DRUG.
Definition of an apartment hotel and apartment house. First is subject to Sections 9923 to 9954, R. S. Mo. 1939, if the building has ten rooms or more; and the operator furnishes lodging services and retains right of access at all times. Apartment house not subject to hotel regulatory laws, if leased to tenants who have exclusive control of rooms.
1-49 Oct 24 C. F. Adams, M.D. WITHDRAWN
1-49 Nov 28 FOOD AND DRUG. Sale, etc. of any drug not branded with adequate directions for the use thereof is misbranding under and a violation of Food and Drug Act.
1-49 Nov 28 TAXATION. Intangible property tax on property held in trust distributed in county or city of domicile of trustee. Divided when two trustees reside in different counties.
1-49 Dec 6 BUREAU OF FOOD AND DRUGS.
HOTEL INSPECTION.
Hotel which has sleeping rooms which do not open to the outside of the building or upon light wells, air-shafts or courts violates Sec. 9940, R.S. Mo. 1939, and a skylight above a hall in which the rooms open would not be an adequate or a legal substitute for a light well or air-shaft.
1-49 Dec 7 LOTTERIES.
GAMBLING.
Game of Dartaway is lottery.
1-49 Dec 7 MOTOR VEHICLES. Safety Responsibility Law applicable to judgments for less than $1,000.00 for property damages.
1-49 Dec 28 FOOD AND DRUGS.
SANITATION REGULATIONS.
The Division of Health of the State of Missouri may not publish a closing order issued by said Division in any newspaper and they may not place a notice or plaque on the door or window of a closed establishment stating that said establishment has been closed for sanitary reasons.
2-49 Dec 9 Hon. Lyon Anderson WITHDRAWN
3-49 Jan 18 COUNTY SURVEYOR.
COUNTY HIGHWAY ENGINEER.
County court is required to furnish county surveyor with such surveying equipment as is necessary for the performance of his official duties. No authority to appoint a county foreman under provisions of Section 8655, Laws, 1945, page 1493.
3-49 Feb 10 COUNTIES.
ELECTIONS.
Election called within the county to establish a public county health center under House Bill 280, Laws of Mo. 1945, page 969, must be held at the usual voting places in the county for voting upon county officers.
3-49 Mar 21 Hon. Hugh Atwell WITHDRAWN
3-49 May 2 SCHOOLS. Director need not be qualified voter.
3-49 Aug 2 COUNTY COLLECTORS.
TAXATION.
Under provisions of House Bill No. 56 of 65th General Assembly, collectors do not receive additional compensation of one-half of one per cent of all current taxes collected on the real estate owned by a utility.
5-49 Feb 4 MOTOR VEHICLES.
TAXATION.
Two per cent use tax on motor vehicles must be paid before Missouri title is obtained where person applying for title received motor vehicle as a gift from person who bought vehicle and paid state sales tax on such vehicle in a foreign state, when no Mo. Sales tax has been paid on such motor vehicle.
5-49 Feb 9 CRIMINAL COSTS.
MAGISTRATES.
Magistrate fee of $2.50 (Laws, 1947, Vol. 1, page 488) is a proper charge against the state, county or other person liable therefor. Duty imposed on magistrate to charge, collect and/or account for magistrate fee of $2.50 provided by Laws 1947, Vol. 1, page 488.
5-49 Feb 23 MAGISTRATES. Office of extra magistrate may be abolished without regard to term of incumbent.
5-49 Mar 7 TAXATION. Fruit tree spray and garden spray sold to owners of commercial orchards and truck gardens are “sales at retail” within subparagraph (g) of Section 11407, Laws of Missouri, 1947, Vol. 1, p. 536. Such sprays not within exemption clause contained in Section 11409, Laws of Missouri, 1945, p. 1869, which clause refers to “seed, limestone or fertilizer”.
5-49 May 4 TAXATION.
MOTOR VEHICLES.
Procedure outlined in House Bill No: 258, Laws of 1947, Vol. II, page 431, for collection of sales tax on motor vehicles not to be applied to trailers and semi-trailers.
5-49 May 6 DUPLICATED OFFICES. The same person may not at the same time be public administrator in a third class county and also be city attorney for a village within that county because of the incompatibility between the two offices.
5-49 Aug 30 Hon. G. H. Bates WITHDRAWN
5-49 Nov 9 Hon. Emmett L. Bartram WITHDRAWN
5-49 Dec 21 TAXATION.
SALES TAX.
Invalidity of automobile use tax does not affect remainder of act relative to collection of sales tax on motor vehicles.
9-49 Nov 22 COUNTIES.
COUNTY COURT.
The County Court may lease the poor farm under certain circumstances.
10-49 Jan 4 OFFICERS. Offices of County Collector and County Assessor not incompatible and one person may serve as County Assessor and Deputy County Collector at the same time.
10-49 Mar 24 Hon. Paul Boone WITHDRAWN
10-49 June 10 CORONERS.
SHERIFFS.
Fees in connection with coroner’s inquests.
10-49 June 24 LIQUOR SEARCH AND SEIZURE.
CRIMINAL LAW.
Disposition of proceeds of sale of contraband liquor after payment of fine and costs assessed by the court.
10-49 Oct 24 CRIMINAL LAW. Services included in term “valuable thing” used in Section 4694, R. S. Mo. 1939.
10-49 Nov 9 TAXATION. Errors on the tax book for current or previous years taxes may not be corrected by Collector.
10-49 Nov 23 HEDGE FENCES.
PROSECUTING ATTORNEY.
(1) Sec. 8578, R.S. Mo. 1939, is not violated merely by permitting a hedge to shade a road. (2) It is discretionary with the prosecuting attorney as to whether he shall institute action upon receipt of complaint by a private citizen regarding a hedge fence which allegedly violates this section.
10-49 Nov 29 RECORDER.
MARRIAGE.
Duty of Recorder of Deeds to record marriage certificates.
11-49 Mar 16 FOREST CROP LANDS. Forest crop lands shall be assessed at $1.00 per acre as long as classification continues; duties of assessor, county clerk and collector in assessment, levy and collection of taxes.
11-49 June 22 PROSECUTING ATTORNEYS. Not mandatory upon prosecuting attorney to file criminal information upon filing of complaint. Prosecuting attorney may use his discretion in this matter.
11-49 Dec 30 DIVISION OF HEALTH. A burial permit is necessary to accompany dead bodies moved out of this state by private conveyance but it is not necessary to have a transit permit to accompany such bodies transported out of this state by a private conveyance.
12-49 Jan 24 WITNESS FEES. A state witness, testifying as an expert witness, can only claim the ordinary witness fee, and cannot refuse to give testimony because he has not previously been tendered a fee as an expert witness.
12-49 Feb 10 TAXATION. Soldiers’ & Sailors’ Civil Relief Act exempts person in military service from personal property taxation, unless residence actually established in Missouri.
12-49 May 9 Hon. Ealum E. Bruffett WITHDRAWN
12-49 June 30 FORGERY. An information charging forgery of a check on an individual, drawn on an incorporated bank or trust company, should be filed under Section 4571, Mo. R. S. A. 1939.
13-49 Jan 13 INTOXICATING LIQUOR. Missouri licensed wholesaler may not sell intoxicating liquor to persons other than licensed retailers.
13-49 Mar 14 LIQUOR CONTROL.
APPROPRIATION.
REFUND APPROPRIATION.
Appropriation to refund cancelled beer stamps may be paid to assignee of party to whom appropriation is made.
13-49 Mar 16 INTOXICATING LIQUOR. Permits for the sale of intoxicating liquor by the drink at retail may be issued only in cities containing more than twenty thousand inhabitants according to the last Federal decennial census.
13-49 May 5 TAXATION – SALES TAX. Federal Excise Taxes and freight charges not deductible from “contract price” in levying tax on motor vehicles under Sales Tax Act.
13-49 July 7 SALES TAX. Liability for billboard rental.
13-49 July 12 SALES TAX. Liability for tax upon advertising posters to be shipped outside state depends upon time of passage of title.
13-49 Sept 22 OFFICERS. Sheriffs charged with duty of arresting persons at request of parole or probation officer. Sheriffs are not entitled to additional compensation for duties performed at request of parole or probation officers.
13-49 Dec 16 SALES TAX.
INTERSTATE COMMERCE.
A sale of goods in one state for transportation to another state is not interstate commerce where the agreement itself is to be completed and carried out wholly within the borders of a state; and such transaction is therefore subject to the Missouri Sales Tax Act.
15-49 Mar 31 CONSERVATION COMMISSION.
FISH AND GAME.
Farmer and his family not entitled to fish without permit in waters on land leased by said farmer but not residing thereon.
15-49 July 17 STATE HIGHWAY COMMISSION. Regulations limiting loads required to be filed in office of Secretary of State.
15-49 Sept 26 DIVISION OF WELFARE.
PENSIONS.
Legal representative of deceased blind pensioner is entitled to receive payment on pension check previously paid pensioner and to receive payment of accrued pension covering portion of month to pensioner’s date of death.
15-49 Oct 16 ROADS AND BRIDGES. Title to bridge built out of County funds remains in county court.
16-49 Feb 11 SUPREME COURT.
FEES.
Marshal of Supreme Court not entitled to retain fees for service of process under Supreme Court Rule No. 5.04.
17-49 June 29 APPROPRIATIONS.
STATE MONEY.
Appropriation to Department of Corrections may not be used to purchase household furniture and furnishings for residences owned by State of Missouri. Rent received by State of Missouri upon residences owned by state to be paid to the Department of Corrections for transmittal to the state treasurer.
18-49 Apr 9 Hon. E. Wayne Collinson WITHDRAWN
18-49 Apr 11 APPROPRIATIONS. Appropriation for eradication of Bangs disease in cattle may be made out of “The Missouri Postwar Reserve Fund.”
18-49 May 25 APPROPRIATIONS.
TAXATION.
MOTOR FUELS.
Legislature may appropriate money for payment of motor fuel tax refunds when claims are submitted in accordance with Sections 16, 17, and 18, 1943 Laws, pages, 690, 691 and 692.
18-49 Sept 17 COUNTY TREASURERS.
TOWNSHIP ORGANIZATION.
Must pay deputy and clerical hire from own compensation.
18-49 Nov 1 MAGISTRATES. Telephone is necessary equipment in the Office of the Magistrate and is to be paid for by the County.
18-49 Dec 17 TAXATION.
EXEMPTIONS.
Church parsonage rented out to private individuals is not exempt from taxation under the provisions of Section 5, Laws of Missouri 1945, p. 1800.
19-49 Mar 23 INSURANCE DEPARTMENT. May employ actuary-jointly with Public School Retirement System.
19-49 June 9 ADMINISTRATION. Allowance for claim for tombstone is in second class.
19-49 Oct 19 STATUTES.
INITIATIVE.
REFERENDUM.
Effective date of act suspended upon filing of referendum petition, and such suspension is not affected by a suit to test propriety of referendum.
20-49 May 13 SWAMP LANDS. Indemnity Patent No. 33 by State of Missouri dated January 3, 1878, conveying certain described land to Mississippi County, was effective to pass title to such land to Mississippi County.
22-49 Jan 20 MAGISTRATES.
COUNTY COURTS.
OFFICERS.
Judge of the county court may not serve as clerk of magistrate court.
22-49 May 23 PROBATE COURT.
MAGISTRATES.
Clerk of Probate and Magistrate Courts must be over twenty-one years of age.
22-49 July 25 PUBLIC OFFICERS.
SHERIFFS.
CIRCUIT JUDGES.
Approval by circuit judge of deputy sheriff appointment is discretionally. Mandamus will lie to correct abuse of this discretion.
22-49 Nov 22 MAGISTRATE AND PROBATE COURT FEES. County is liable to pay clerk’s fees in magistrate cases where prosecuting attorney enters nolle prosequi; clerk’s fees in probate court in sanity hearings of indigent insane; and attorney’s fees for attorney appointed by court to represent indigent insane at hearing. Duty of the Department of Revenue to collect these fees when county court refuses to pay them.
24-49 Jan 7 CRIMINAL CODE.
TREASURERS.
Postdated checks fall within the provisions of the Criminal Code, Sec. 4695, R.S. Mo. 1939. County Treasurers may not serve as Deputy Sheriffs.
24-49 Jan 19 COUNTY BUDGET ACT. County court in counties of the 4th class may estimate tax moneys from all sources in arriving at budget.
24-49 Feb 14 Hon. William Lee Dodd WITHDRAWN
24-49 Mar 10 HEALTH – RULES.
SEWAGE.
Rules of Division of Health concerning sewage systems are valid. Injunction is a proper remedy to prevent a municipality from creating a public nuisance.
24-49 May 12 AUCTIONEERS.
COMMUNITY SALES.
Person selling at auction at community sales barn required to have auctioneer’s license.
24-49 June 27 BURIAL ASSOCIATIONS.
SUBMITTED FORM OF CONTRACT DISCUSSED.
Form of contract submitted is not a policy of insurance on its face.
24-49 July 18 COMPENSATION TO BE PAID PROSECUTING ATTORNEYS UNDER HOUSE BILL NO. 297. In determining compensation to be paid Prosecuting Attorneys under House Bill No. 297, the proper procedure is to add 25% of the sum provided under Section 12939 plus 25% of the sum provided under Section 9701.
24-49 Oct 31 SCHOOLS.
LIBRARY COMMISSION.
State Librarian and employees of Missouri Library Commission not within provisions of H.B. 151, Laws 1945, as amended, setting up Public School Retirement System for teachers.
25-49 Oct 16 HEDGE FENCES. Sec. 8578, R.S. Mo. 1939, requiring anyone owning a hedge fence along or near the right of way to keep it trimmed to a height of five feet, is valid and enforceable.
27-49 Feb 7 TAXATION. Corn that has been harvested in personal property and is assessable. Assessors may be removed by order of the county court for failure to perform duties enjoined upon them by law; assessors may be proceeded against for failure to perform duties enjoined upon them by law upon their official bond, by the presiding judge of the county court, by the prosecuting attorney, or by an individual acting in his private capacity. Assessors failing to perform the duties of their office may be proceeded against in quo warranto.
27-49 Mar 2 ASSESSORS.
TAXATION.
Assessor need not call upon taxpayer to take his list and view property. Duty of taxpayer to deliver completed list to assessor.
27-49 Mar 7 ASSESSOR.
TAXATION.
All tangible personal property owned by taxpayer to be assessed in his county of residence.
27-49 May 9 TAXATION.
FRANCHISE TAX.
Missouri corporation owning real estate in state in which it has not qualified to do business not entitled to allocate shares and surplus.
27-49 Sept 5 INTERSTATE BRIDGE.
TAXATION.
The State of Missouri may tax that portion of an interstate bridge owned by Richardson County, Nebraska, which lies within the state of Missouri.
27-49 Nov 28 LEVEE DISTRICTS.
TAXATION.
No appeal lies to State Tax Commission on assessments on formation of county court levee districts.
27-49 Nov 29 Hon. Clarence Evans WITHDRAWN
27-49 Nov 30 TAX EXEMPT REALTY AND PERSONALTY. Realty and personalty not strictly devoted to purely charitable purposes is not tax exempt.
28-49 Jan 14 LEGISLATURE. There is a vacancy at present in the office of Representative from Cape Girardeau County, and Governor should issue writ of election to fill such vacancy.
28-49 Aug 18 COUNTY COURTS.
CONSTITUTIONAL LAW.
Associate judges of St. Louis County Court to be elected at general election to be held in 1950. An act found Laws of Mo., 1943, page 509, relating to St. Louis County rendered unconstitutional by adoption of Constitution of Missouri, 1945.
30-49 July 27 CORONERS.
DEATH CERTIFICATES.
(1) Jurisdiction of coroners. (2) Proper person to sign death certificates.
30-49 Sept 1 CRIMINAL LAW.
MAGISTRATES.
Magistrate has power to issue commitment after stay of execution extending throughout entire period of sentence. Power to issue commitment does not expire with expiration of time of original sentence when execution has been stayed.
31-49 Mar 3 MOTOR VEHICLES.
Stamping of motor number on motor located in State of Missouri, which motor had previously been installed in automobile in state of Iowa, the automobile having subsequently been sold to a Missouri dealer, and in turn sold by said dealer to a resident of Missouri not in conflict with Missouri law, and upon showing of proper evidence of assignment by proper authorities in state of Iowa of said number to the said motor, and proper evidence of ownership of automobile by present owner, certificate of registration should be issued to said owner by Missouri Motor Vehicle Department.
31-49 Mar 7 COUNTY COURTS. County court does not need to submit plans and specifications for manner of removal of a portion of a county building. The circuit judge of Adair county does not have the power to order an additional ten cent levy over and above the fifty cent levy allowed by law.
31-49 May 6 ROADS AND BRIDGES.
COUNTY COURTS.
County court may suspend funds for constructing a road on land occupied by county hospital.
31-49 Sept 15 CRIMINAL LAW.
GAMBLING.
When one-ball pinball machine is a gambling device under Section 4678, R. S. Mo. 1939.
32-49 Nov 10 APPROPRIATIONS. State not obligated to reimburse City of Mount Vernon on sewage disposal plant.
33-49 Jan 7 TAXATION. Any property owned by a city is exempt from taxation under the authority of the Constitution and under Section 10.942.4 Mo. R.S.A.
33-49 Feb 18 SALE OF COUNTY PROPERTY. A county court has the power and authority to convey real estate belonging to the county. Such conveyance can be made by the court itself without the appointment of a commissioner.
33-49 Mar 9 TAXATION.
REVENUE.
Irrevocable trust created December 30, 1909, subject to provisions of the Collateral Inheritance Tax Law found Laws of 1899, page 328, R. S. Mo. 1909, Section 309.
33-49 Mar 12 WORKMEN’S COMPENSATION.
SECOND INJURY FUND.
Every employer must pay $100 into the Second Injury Fund in every case of total, permanent loss by his employee of the use of each of the human eyes, totaling $200 for the total, permanent loss of the use of both eyes, even though the loss occurs in the same accident.
33-49 Apr 15 Hon. James Glenn WITHDRAWN
33-49 Aug 16 SCHOOLS.
ELECTIONS.
Election for annexation of school district void where notice posted for fourteen days instead of fifteen days required by statute.
33-49 Sept 8 DIVISION OF WORKMEN’S COMPENSATION. The Division of Workmen’s Compensation may make a nunc pro tunc order of record showing the acceptance by an employer of the workmen’s compensation amendment with respect to occupational disease where there has been substantial compliance with subsection (b) of Section 3695, R.S. Mo. 1939.
33-49 Sept 20 LEGISLATURE.
LEGISLATIVE RESEARCH COMMITTEE.
Legislative Research Committee of General Assembly cannot delegate to Executive Committee or other sub-committees or director power to employ or discharge staff members or other employees.
33-49 Sept 30 Hon. Spencer H. Givens WITHDRAWN
33-49 Oct 13 CIRCUIT COURT. Circuit Judge may hear case in other circuit when requested to do so by judge of that circuit.
33-49 Dec 16 SHERIFFS IN THIRD CLASS COUNTIES. Sheriff who has been appointed to serve as probation officer in a county of the third class shall be allowed and paid by the county the necessary expenses incurred in delivering girls to the State Industrial Home at Chillicothe, Missouri, and return and the necessary expenses paid on account of said girls.
35-49 Sept 19 PROSECUTING ATTORNEYS. Prosecuting attorney may sue securities of defaulting county official for monies embezzled by the said official.
35-49 Oct 26 CRIMINAL COSTS. State not liable for costs of hospitalization of person charged with graded felony who is injured breaking from jail and attempting to escape from county jail.
35-49 Nov 2 CHIROPRACTORS. When the State Board of Chiropractic Examiners revokes the license of a chiropractor for illegal actions or practices it does open the way for a branch of the state government, i.e. the prosecuting attorney of the county in which the chiropractor resides, to file criminal charges against the aforesaid chiropractor.
35-49 Nov 17 ADMINISTRATIVE LAW AND PROCEDURE.
STATE BOARD OF COSMETOLOGY.
Rule of the State Board of Cosmetology requiring a holder of a Missouri license to pay a fee of $5.00 for certification in order to become licensed in another state by reciprocity is invalid and beyond the power granted them by the Legislature.
35-49 Nov 21 INSURANCE.
AMENDING ARTICLES OF ASSOCIATION.
Certain insurance companies incorporated under the provisions of Art. 6, Chap. 37, R.S. 1939, may amend articles of incorporation as follows: “the corporation is specifically authorized to execute and guarantee any and all bonds and undertakings in judicial proceedings.”
35-49 Dec 22 INSURANCE. Approval of amendment of articles of Commonwealth Life and Accident Insurance Co.
37-49 Feb 7 MOTOR VEHICLES. Determination of weight carrying capacity of half-track motor vehicle.
37-49 Mar 7 Col. David E. Harrison WITHDRAWN
37-49 Mar 25 MOTOR VEHICLES. Well drilling rig not required to be registered as motor vehicle.
37-49 Mar 31 SCHOOL DISTRICTS. School districts adjacent to consolidated districts may move to join consolidated districts by petition.
37-49 Apr 15 Mr. David E. Harrison WITHDRAWN
37-49 May 17 HIGHWAY PATROL. Has authority to enforce regulations on privately owned and maintained roadways used by the public in general.
37-49 May 31 MILITARY FORCES. Provision for compensation for members of Reserve Military Force does not apply to National Guard.
37-49 June 13 HIGHWAY PATROL.
MOTOR VEHICLES.
Patrol has no authority to make charge for supplying copies of accident reports to interested parties.
37-49 July 19 SOLDIERS’ BONUS. Board of Review provided by Soldiers’ Bonus Act still may pass upon applications for bonus.
37-49 July 29 MOTOR VEHICLES.
HIGHWAY PATROL.
Automobile dealer who takes assignment in blank of title may not fill in name as assignee of his transferee.
37-49 Sept 24 HIGHWAY PATROL.
MOTOR VEHICLES.
Patrol cannot change safety glass standard, and must approve all types conforming with Sec. 8391, R. S. Mo. 1939.
37-49 Dec 21 Col. David E. Harrison WITHDRAWN
37-49 Dec 23 ESCHEATS. Unclaimed money in hands of sheriff arising from partition sales to be paid into State Treasury upon order of the circuit court.
39-49 Sept 19 LIQUOR. State of Missouri cannot prevent shipment of liquor from out-of-state distillers direct to officers’ clubs located on military reservations.
40-49 Jan 28 ROADS.
MAINTENANCE.
There is no duty imposed upon land owners abutting on a county road to remove growth and underbrush on the right-of-way.
40-49 Feb 16 COLLECTOR.
TAXATION.
County Collectors not authorized to compromise penalties for nonpayment of merchant’s tax; penalty collected should be turned in to the county.
41-49 May 24 DIVISION OF WELFARE.
STATE TREASURER.
Certified copy of checks issued to old age assistance recipients competent evidence.
41-49 July 1 STATE TREASURER.
RECORDS.
EVIDENCE.
Who may inspect and obtain certified copies of records in the Office of State Treasurer.
41-49 Sept 20 SCHOOLS. Duties of county and township collectors and treasurers under Senate Bill No. 307, Laws of Missouri, 1947, page 370.
41-49 Sept 27 WATER DISTRICTS.
REVENUE BONDS.
REGISTRATION.
Special obligation revenue bonds payable out of income of a public water district are not required to be registered by the State Auditor.
41-49 Nov 23 COUNTY CLERKS.
CONSTITUTIONAL LAW.
Sec. 11238, H. B. No. 126, repeals fee provisions of Sec. 11049, Laws of Mo. 1947, Vol. II, p. 429. Fees provided in H. B. No. 126 can be retained by incumbent county clerks of third and fourth class counties.
42-49 Feb 28 PROBATE JUDGES.
MAGISTRATES.
Probate judge and ex-officio magistrate in county of 30,000 inhabitants or less, files his official bond as prerequisite to qualifying for probate judge. Premium due on such bond is to be paid by County Court only when such bond is a surety bond authorized by the county under the provisions of Sec. 3238, R.S. Mo. 1939. Cost of such bond not to be paid out of State Magistrate fund.
42-49 July 11 COUNTY TREASURERS.
EX-OFFICIO COLLECTORS.
Provisions of House Bill No. 80 not applicable to incumbent treasurers and ex-officio collectors.
42-49 Nov 21 OPENING OF COURTS. No formal opening of Probate or Magistrates court is required.
44-49 Oct 24 INSANE PERSONS. Sheriff entitled to fee for executing warrant of arrest in insanity proceedings.
45-49 Jan 5 PAUPERS. County court under facts and circumstances stated is obligated to take care of said poor persons notwithstanding the fact he is not an inhabitant of said county.
45-49 Feb 1 HOSPITALS.
COUNTIES.
STATE AID.
A county in which is located a city which has received state aid for memorial airport is eligible to receive state aid for county memorial hospital if county has not received state aid for county memorial hospital.
45-49 July 26 INSANE PERSONS.
PROBATE COURTS.
Insane person admitted to state hospital retains residence had at time of admission.
45-49 Oct 24 MOTOR FUEL USE TAX.
TAXES.
Counties are not liable for payment of the Motor Fuel Use Tax for fuel consumed by motor vehicles used in repairing and maintaining county roads.
47-49 July 24 ADMINISTRATION AND FINAL SETTLEMENT NOTICE. Notice of appointment of administrator and of final settlement should appear in four successive weekly insertions in paper.
48-49 May 9 EVIDENCE.
ADMISSIBILITY.
A person who is in a condition capable of giving consent to the taking of a sample of his blood for the purpose of testing it for alcoholic content, where a sample of blood is taken and is duly tested by an accredited chemist, chemist may testify in court regarding his findings with respect to alcoholic content in blood tested.
48-49 June 13 LIBRARIES. Equalization grants should be made on a population basis to county or regional libraries in all districts in which a one mill or more tax does not yield a dollar per capita to said libraries.
49-49 July 12 COUNTY COURTS.
CLOSING PUBLIC ROADS.
A county court may order a public road vacated upon a finding that no necessity for such road exists.
49-49 Sept 7 Hon. Robert G. Kirkland WITHDRAWN
49-49 Oct 15 HOSPITAL.
INSANE.
Pay patients cannot be evicted from state hospital to make room for indigent insane.
49-49 Oct 24 OFFICERS. Clerk of the Circuit Court liable on official bond for funds and property in his custody by virtue of his office.
49-49 Nov 16 CIRCUIT JUDGE.
ORDINANCES.
VENUE.
APPEALS.
Appeals from Municipal Court of Kansas City, Missouri, are to Circuit Court of Jackson County even though violation may have occurred in that part of Kansas City situated in Clay County.
49-49 Dec 19 HEALTH. Deputy State Commissioner of Health appointed by the county court in a county of the third class shall be appointed for a term of one year and said term of office shall commence on the date of the appointment first made by the county court. A county of the third class can have only one deputy state commissioner of health at any given time.
51-49 Feb 15 Hon. Howard B. Lang WITHDRAWN
51-49 Feb 21 COUNTY HIGHWAY ENGINEER. (1) County highway engineer in third class county authorized to appoint assistants only upon determination of inability to properly perform all the duties of office. (2) Salary of county highway engineer in counties of the third class and necessary assistants to be paid out of Class 4 Funds.
51-49 May 18 NEWSPAPERS. Weekly newspaper must be published regularly and consecutively, each week, for three years to qualify to publish legal notices.
51-49 July 19 ROADS AND BRIDGES. Bridge across ditch in drainage district organized by circuit court is maintained by county if county court has adjudged bridge sufficient, but by drainage district if county court has not adjudged bridge sufficient.
51-49 Sept 1 MOTOR VEHICLES. Gross weight of combination of commercial motor vehicle and trailer to be used in computing registration fee for the commercial motor vehicle.
54-49 Feb 17 FOOD AND DRUG.
HEALTH.
Imitation vanilla not labeled “imitation” violates provisions of Pure Food and Drug Act.
54-49 Apr 21 MISSOURI STATE SOIL DISTRICTS COMMISSION. Members of Commission may not vote by mail upon matters pertaining to the duties of the Commission; Commission proceedings must be fully recorded in the minutes of the Commission; Commission is required to formulate and fix rules for the holding of referendums; duty of Commission to conduct referendums or designate a disinterested and competent person, or persons, to do so; failure of Missouri State Soil Districts Commission to follow procedure prescribed in the Act creating it will invalidate its actions.
54-49 Apr 27 DANGEROUS INSANE PERSONS. 1. The County Jail is a suitable place for the confinement of a dangerous insane person within the meaning of Sec. 9336 R.S.A. Mo., 1939, pending the adjudication of the question of sanity. 2. The sheriff is not restricted by the Statute to the county jail as a place of confinement of such patients. 3. The State Hospitals are not available as places of confinement for such insane persons before they have been adjudicated insane by the court.
56-49 May 25 PAROLE, AND TERMINATION THEREOF BY THE CIRCUIT COURT. When the Circuit Court grants a parole to a convict who is a first offender and who has been sentenced to the penitentiary, said parole when terminated by order of Court directing Circuit Clerk to place in hands of Sheriff copy of the sentence and certificate certifying that parole has been terminated, parole is at an end and may not be revived by any subsequent action of the Court.
57-49 Jan 31 COUNTY SURVEYOR.
FEES.
County surveyor cannot make charge exceeding the amount set out in the statutes.
57-49 Feb 24 OFFICERS.
PUBLIC BUILDINGS.
Public officers need not accept low bid for a building when, in their discretion, the low bid is not the best bid.
57-49 Mar 10 MAGISTRATES.
JURORS.
FEES AND COMPENSATION.
Person summoned as juror under provisions of Section 15a, Laws of 1947, Vol. I, page 248, and who appears in court but whose name is scratched, receives compensation and mileage provided in such section.
57-49 Mar 28 TRIAL AND PANEL.
MAGISTRATE JURIES.
Magistrate may obtain jury panel from county panel or by summons. Jury should be twelve in number unless less number agreed upon. Panel should consist of twenty-four.
57-49 Apr 7 ADOPTION OF MINORS.
CONSENT; NOTICE TO PARENTS.
When consent of parents may be dispensed with; notice of proceedings must be served on parents.
57-49 Apr 11 HEALTH BUILDINGS APPROPRIATIONS. No specified number of houses for physicians required under the provisions of appropriations set out of pages 107 and 189, Laws of Mo. 1947, Vol. II.
57-49 May 2 Hon. Samuel Marsh WITHDRAWN
57-49 May 20 GREAT SEAL OF THE STATE OF MISSOURI.
PROCUREMENT.
DEVICE.
Secretary of State authorized to procure a new great seal; but no choice of device to be engraved on same, as device is not subject to change, but must comply strictly with Section 15437, R. S. Mo. 1939.
57-49 June 27 TAXATION.
COUNTY COURTS.
ELECTIONS.
ROADS AND BRIDGES.
When tax is voted by the people under provisions of Sections 8529, 8530 and 8531, Laws of Missouri, 1945, page 1478, county court has no discretion as to whether or not levy shall be made, and no election may be held to nullify such tax.
57-49 Aug 17 ELEEMOSYNARY INSTITUTIONS.
HOSPITALS (COUNTY & CITY).
INSANE PERSONS.
(1) Counties and cities qualify for State aid for care of insane persons when they maintain wards or sections in hospitals caring for other types of patients. (2) Payments not limited to persons adjudged insane by a court. (3) Payments may be made only for the care, detention or treatment of indigent insane persons. (4) The claim for Kansas City may not be paid out of the appropriation as passed by the 64th General Assembly.
57-49 Aug 17 ELECTIONS.
COUNTY COURT.
Purchase of election supplies made by County Clerk. Section 10932, R.S.A., relating to advertising for bids inapplicable to third and fourth class counties.
57-49 Oct 10 HEALTH.
PUBLIC BUILDINGS.
Under facts presented, public officials may not permit reformation of bid.
57-49 Oct 20 Hon. Gordon J. Massey WITHDRAWN
57-49 Nov 29 CRIMINAL LAW.
EXPLOSIVES.
Employer may not transport employees to work in truck in which dynamite is also carried without violating Section 4552, R.S. Mo. 1939.
59-49 Apr 12 SCHOOLS.
ELECTIONS.
BONDS.
A school board may use the funds realized from a bond issue only for the purpose for which the electors of the school district voted the issue. A proposition to change or modify the purpose of the fund cannot be thereafter submitted to the voters.
60-49 Dec 11 Hon. Emory L. Melton WITHDRAWN
62-49 Feb 1 SHERIFFS. Sheriff must pay for own surety bond unless county court specifically requests that sheriff give surety bond. Sheriff has custody of jail but of no other part of court house.
62-49 Mar 10 ELECTIONS. Board of Election Commissioners of Jackson County empowered to alter election precinct boundaries within fire protection district. Cost of election within such fire protection district to be borne by such district.
62-49 Apr 27 SCHOOLS. Majority of quorum of county school board has power to approve county reorganization.
62-49 June 18 PUBLIC ADMINISTRATORS.
GUARDIANS.
COUNTY COURT.
Public Administrator appointed Guardian of incompetent persons receiving old age assistance cannot be paid commission from county funds.
62-49 Oct 5 STATE SOIL DISTRICTS COMMISSION. In the election of soil district supervisors in a previously organized district balloting may be wholly by mail according to rules and regulations promulgated by the State Soil Districts Commission.
62-49 Oct 20 TENNESSEE-MISSOURI BRIDGE COMMISSION. Questions relating to the administration of the Tennessee-Missouri Bridge Commission as a division of the Department of Business and Administration.
63-49 Jan 17 COUNTY COURT. Roads, Bridges and Schools. How funds received from federal government on account of leasing of lands acquired for flood control purposes shall be distributed by County Court.
63-49 Apr 28 Hon. Tom B. Mobley WITHDRAWN
63-49 Oct 31 APPROPRIATIONS.
DEPT. OF RESOURCES AND DEVELOPMENT.
State funds granted in aid of cities, towns and counties under Laws of Mo. 1945, p. 1315, do not become fixed obligation of the state until final release by the Governor.
63-49 Nov 28 PROBATE JUDGE. Probate Judge acting as own clerk not entitled to receive compensation other than his compensation as probate judge.
63-49 Dec 7 COUNTY HOSPITALS. Bonds, sinking fund, unexpended balance remaining after creation of sinking fund to be deposited in county hospital fund.
63-49 Dec 12 COUNTY HOSPITALS.
BONDS.
Interest and sinking fund of county hospital bond issue to be kept in separate account, and all taxes collected therefor to be placed in this account.
64-49 Mar 24 SHERIFFS.
ELECTIONS.
Sheriffs of third class counties may appoint deputies to assist him in election duties. Such deputies must look to Sheriff for their compensation.
64-49 Nov 21 WORKMEN’S COMPENSATION.
SECOND INJURY FUND.
The State Treasurer as Custodian of the Second Injury Fund under the Compensation Act may agree to a settlement and compromise of a claim against said fund, subject to the approval of the Commission. No Appropriation Act is necessary to appropriate the money before a payment is made out of said fund by the Custodian.
64-49 Nov 30 STATE TREASURER. May accept payments from estate of Rosa Ruhland to be credited to Federal Soldiers’ Home Fund. Memorial fund not to be established therefor.
65-49 Mar 16 MOTOR VEHICLES. Jurisdiction of Commissioner suspended during pendency of appeal from order cancelling, suspending or revoking driver’s license. Further orders during this time void.
65-49 May 27 DIVISION OF MENTAL DISEASES.
CONTRACT WITH MUNICIPALITY FOR HOSPITAL FACILITIES AND SERVICES.
(1) The Division of Mental Diseases cannot enter into a contract with the Board of Education to furnish teaching services for the St. Louis State Training School. (2) Said Division cannot enter into contract with the City of St. Louis, a municipal corporation for services of interns and resident physicians of the St. Louis City Hospital to be rendered to the St. Louis State Hospital.
65-49 June 13 RECORDERS.
VETERANS.
Recorders allowed additional fee only when certified copy of discharge is furnished upon request.
67-49 Jan 18 HIGHWAY COMMISSION. Legislature may not limit expenditure from state road fund.
67-49 May 25 COUNTY SURVEYOR. Vacancy filled by appointment by Governor; appointee need not be resident of county.
67-49 Oct 31 APPROPRIATION.
CIVIL AIR PATROL.
DEPT. OF RESOURCES AND DEVELOPMENT.
Legislature may appropriate funds to the Dept. of Resources and Development to aid in an educational program related to aviation such as that fostered by the Civil Air Patrol.
68-49 Mar 25 AUTOMOBILES. Registered dealers in automobiles required to maintain record prescribed by subparagraph (b) of Sec. 8381, R.S. Mo. 1939.
68-49 June 30 COUNTY COURTS. Action of county court in providing for adoption and carrying out of county plan and appointing county planning commission, regulating and restricting height, number of stories, etc., of buildings dividing the unincorporated territory of county into various districts, and providing manner in which the regulations, restrictions and boundaries of the districts shall be determined, established and enforced is exercising administrative and not judicial power.
68-49 July 18 ATHLETIC COMMISSION. Proceeds to licensee from concessions are part of gross receipts of boxing or wrestling exhibitions.
68-49 Oct 31 VITAL STATISTICS.
HEALTH.
BIRTH CERTIFICATES.
Residents of Missouri born elsewhere may record such birth in this State if the birth is not recorded in any other State or county or municipal office upon the furnishing of proof required by the registrant.
69-49 Feb 3 COUNTY COURT.
OFFICERS.
County officers in counties of the fourth class are unauthorized to purchase supplies for their respective offices.
69-49 Apr 20 CONSOLIDATED SCHOOLS. The Board of Directors of a consolidated school district have full authority over all schools lying within the area of the consolidated district.
69-49 July 23 CONSERVATION COMMISSION.
FISH AND GAME PERMITS.
Necessary that persons secure fishing permits before fishing in private waters in this state.
69-49 Dec 30 DIVISION OF WELFARE.
RESIDENCE OF DEPENDENT CHILDREN.
To establish residence requires actual bodily presence in this state for one year combined with intention of remaining permanently or indefinitely, but continuous bodily presence is not required if residence had been previously established in this state.
70-49 July 22 SCHOOLS.
SCHOOL DISTRICTS.
Board of directors of common school district empowered to act until completion of organization of reorganized district.
70-49 Sept 10 SCHOOLS.
TAXATION.
Tax rate applicable in reorganized school districts.
70-49 Sept 14 OFFICERS. Prosecuting Attorneys are required to prosecute suits for the collection of delinquent personal taxes without additional compensation.
70-49 Sept 21 COUNTY TREASURERS. County and township treasurers have no authority to hold or disburse funds of school districts enlarged or reorganized under the provisions of Section 1, Laws of Mo. 1947, Vol. II, page 371.
70-49 Nov 14 TAXATION. Production of receipt of taxpayer for letter notifying him of suit essential for personal judgment for personal property taxes.
71-49 May 13 MAGISTRATES. Maximum amount payable by state for clerk hire in St. Louis.
71-49 Oct 14 COUNTY LIBRARIES. County Library Board may spend surplus funds for construction of building. May not obtain building under long-term lease with option to buy.
73-49 Feb 8 ELECTIONS. Conviction upon plea of nolo contendere of Federal income tax evasion disqualifies voter.
74-49 Jan 25 COURT-MARTIAL. Conviction by court-martial does not affect civil rights, except in case of desertion.
74-49 Aug 12 DOG LICENSE LAW. Money derived from dog licenses and placed in “County Dog License Fund” may be used for payment of claims arising from damages sustained by livestock or poultry even though such claims accrued after the voters of the county voted to repeal the license tax on dogs.
74-49 Dec 13 ELECTIONS. Tax levy election not invalid because only one polling place was designated by county court.
75-49 Jan 29 DENTAL HYGIENISTS. Application of sodium fluoride by employees of United States Public Health Service not a violation of Missouri Licensing Law.
75-49 May 5 Hon. John M. Rice WITHDRAWN
75-49 June 6 COUNTY FAIR.
COUNTY COURT.
INCORPORATION.
County court does have power to order incorporation of agricultural and mechanical societies under provisions of Section 14161, R. S. Mo. 1939.
75-49 Sept 15 CIRCUIT COURTS.
COUNTY COURTS.
County, through the sheriff and county court, is under a duty to furnish to the Circuit Court Judge, upon his order, the facilities necessary for the holding of court and the administration of the court held in such county.
75-49 Oct 5 TAXATION.
RAILROADS.
SCHOOLS.
In computing the average rate of taxation to be levied against railroads and utilities for school purposes, the local rates of all school districts in the county, including those not wholly within the county, should be added together and divided by the total number of school districts in the county, including those districts not wholly within the county.
76-49 Dec 21 TAXATION.
ASSESSORS.
Duty to call on and require taxpayer to return assessment list; but not required to view property or prepare list except where none is returned. Assessor may not require taxpayer to appear before him at designated time or place in county in lieu of his official call upon taxpayer.
77-49 Feb 9 LIBRARY ADVISORY BOARD.
STATE LIBRARY.
Money received in trust for films not state money.
78-49 Feb 26 PENITENTIARY.
MERIT SYSTEM.
Employees of State Penitentiary paid in accordance with State Merit System Act.
78-49 Nov 18 The St. Louis Court of Appeals WITHDRAWN
78-49 Dec 28 TAXATION. Property of Christian College is not rendered liable to taxation by reason of the ownership and maintenance of dormitories and cafeterias for students. Such property should not be assessed by assessor, but if assessed, county court may correct assessment and remit taxes levied against property.
80-49 Mar 16 CRIMINAL LAW.
PROBATE COURTS PROHIBITION.
Section 4191, R.S. Mo. 1939, discloses exclusive procedural steps to be taken where a defendant has been charged, tried, convicted and sentenced and his insanity is suggested. Probate court is without authority to entertain insanity hearing in such cases. Prohibition will lie to restrain the probate court from exercising such jurisdiction.
81-49 Feb 28 SCHOOLS. Taxpayers who pay school taxes voluntarily is not entitled to a refund even though tax is illegal.
81-49 Mar 10 ELECTIONS.
COUNTY BUDGET.
SCHOOLS (ANNUAL DISTRIBUTION).
Discretionary with county court to call special election to distribute annually capital of liquidated school fund. Election may be called even though not budgeted.
81-49 Mar 16 JUVENILES. Who is responsible for medical and surgical needs of juveniles on replacement from the Training Schools. Four questions.
81-49 Mar 30 BANKS-BRANCH BANKING. A bank is not carrying on branch banking in installing a pneumatic tube on a parking lot owned by the bank and across the street from its banking house for the purpose of allowing customers of the bank to place funds in said pneumatic tube to be carried underneath the street and up into the bank where such funds are deposited.
81-49 May 6 Mr. Oliver Senti WITHDRAWN
81-49 June 9 JUVENILES. Board of Training Schools cannot accept child into their custody until properly committed by a court of competent jurisdiction.
81-49 June 14 JUVENILES.
MISSOURI BOARD OF TRAINING SCHOOLS.
Missouri Board of Training Schools shall accept custody of a boy over the age of 17 who has been committed to the custody of the Board of Training Schools before his 17th birthday.
81-49 July 14 COUNTY BOARDS OF EQUALIZATION. Deputy County Surveyor may not serve in place of County Surveyor as a member of County Board of Equalization.
81-49 July 27 CONSTITUTIONAL LAW.
OFFICERS.
Provisions of House Bill No. 297 of the Sixty-Fifth General Assembly applicable to incumbents in office of Prosecuting Attorney during current term.
81-49 Nov 22 JUVENILES. Missouri State Board of Training Schools, authorized to transfer juveniles placed in their care to the State Hospital at Farmington, Missouri for specialized care and treatment.
81-49 Dec 6 JUVENILES. Industrial Home for Girls at Chillicothe cannot legally detain and restrain a child committed to their care beyond the child’s twenty-first birthday.
83-49 May 3 REPEAL OF TOWNSHIP ORGANIZATION CHAPTER CONTEMPLATED BY SENATE BILL NO. 72, 65TH GENERAL ASSEMBLY. Proposed amendment to Senate Bill No. 72 providing that county treasurers in former township organization counties shall be county collectors until successors are elected and qualified is unconstitutional as local and special law.
83-49 June 27 MISSOURI SECURITIES LAW EXEMPTIONS.
CORPORATIONS.
EXEMPTIONS UNDER MISSOURI SECURITIES LAW.
PUBLIC UTILITY HOLDING COMPANIES.
Such companies and their subsidiaries registered under the Public Utility Holding Company Act of 1935 exempt under the provisions of the Missouri Securities Law.
83-49 July 25 Hon. John B. Smoot WITHDRAWN
83-49 Sept 27 REFERENDUM.
ELECTIONS.
Special election for referendum vote on bills which passed in the 65th General Assembly and for which referendum petitions have been presented may be ordered.
83-49 Oct 10 TAXATION. H.C.S.H.B. 185, 65th G.A., still permits refunds for motor fuel sold for non-highway use.
83-49 Oct 27 SECRETARY OF STATE.
NAMES.
FICTITIOUS NAMES.
An individual doing business under a firm name, which includes only the surname, a word descriptive of the business and the word “company,” should register under the Fictitious Names Registration Act. A person using both the surname and Christian name is not required to register.
83-49 Oct 28 ELECTIONS.
REFERENDUMS.
LEGISLATURE.
APPROPRIATIONS.
Special election for referendum may be ordered by General Assembly at a special session. Expenses incurred at such election may be paid by the state if law authorizing such payment is passed.
83-49 Nov 3 Hon. Forrest Smith WITHDRAWN
84-49 June 27 Opinion Letter to the Hon. Forrest Smith
84-49 Nov 9 PROBATE COURT. Probate clerks may not receive increased compensation based upon increased valuation during term of Probate Judge.
84-49 Nov 16 FIRE PROTECTION DISTRICTS.
CITIES.
Upon incorporation of a city wholly within a fire protection district the property within the city remains subject to the jurisdiction and taxation of the fire protection district.
86-49 Jan 27 COUNTY TREASURER EX OFFICIO COLLECTOR.
TOWNSHIP FORM OF GOVERNMENT.
PAYMENT OF DEPUTY COLLECTOR.
County Treasurer, ex officio collector in county under township organization can not procure payment of deputy collector out of a county general revenue.
86-49 Aug 5 COUNTY JUDGES. Judges of county courts in counties of the Third Class, when acting as board of equalization, shall receive no mileage fee for travel to or from meetings of such board.
86-49 Oct 5 OFFICERS.
BAIL BOND.
SHERIFFS.
Sheriffs required to receive into county jail persons arrested without warrant. Sheriffs not authorized to fix bail of persons arrested without warrant.
86-49 Oct 24 POST-DATED CHECKS. (1) The drawer of the post-dated check given in payment of a pre-existing debt, which is not paid on presentation, is chargeable under R.S. 1939, Sec. 4695; (2) The drawer of a post-dated check given for money or property who states that the check is not good but will be good on its date, and which is not paid on presentation, is chargeable under R.S. 1939, Sec. 4695; (3) The drawer of a post-dated check given to a sheriff in payment of an execution, which is not paid on presentation, is chargeable under R.S. 1939, Sec. 4695. Sheriff should not accept post-dated check in payment of execution.
86-49 Dec 3 MAGISTRATE COURTS. Procedure in cases where parties fail to appear.
86-49 Dec 20 DEPUTY SHERIFF.
FEES FOR TRANSPORTATION OF PRISONERS.
Deputy sheriff may be employed as a guard to assist sheriff to transport prisoners to the State Penitentiary; fees received for the performance of such services shall be collected by the sheriff for the county and paid by him into the county treasury.
87-49 Mar 21 CONSERVATION COMMISSION. Agents may enter posted land in performance of duty.
87-49 May 6 OFFICERS. Office of mayor and that of circuit clerk and recorder are compatible.
87-49 June 9 PROBATE COURT.
COSTS.
CLERKS.
COURTS.
Cost of publishing probate court docket which exceeds the statutory amount allowed to be charged against estates for that purpose, shall be paid out of the county treasury.
87-49 June 30 CORPORATIONS.
PROXIES.
COUNTY HEALTH CENTERS.
(1) At common law, no right to vote by proxy at a corporate election; (2) Proxy voting may be permitted by bylaws.
87-49 Aug 26 MERIT SYSTEMS.
COUNTY HEALTH CENTERS.
HEALTH.
State Merit System Act not applicable to County Public Health Centers.
88-49 April 15 SEWERS.
TAXATION FOR CONSTRUCTION AND MAINTENANCE.
City of the third and fourth class may levy a tax upon property within its corporate limits to pay for a public sewer system although some of the persons thus taxed do not receive service from the system because sewerage mains have not been laid adjacent to their property.
88-49 Oct 28 PURCHASING AGENT.
STATE CONTRACTS.
Lease of premises for and in behalf of state department must be negotiated by State Purchasing Agent.
89-49 Feb 15 NOTARIES PUBLIC. A Notary Public cannot legally notarize documents under any name other than his or her legal name.
89-49 Feb 17 SECRETARY OF STATE. Deed may be withdrawn for recording.
89-49 Feb 18 CORONERS. Vacancy created in office on failure of coroner-elect to give bond. Incumbent coroner entitled to hold over in office until vacancy filled.
89-49 Apr 9 LIQUOR.
JUDGMENTS.
Intoxicating liquor may be sold under execution to satisfy a judgment for a debt.
89-49 Apr 29 Hon. J. W. Thurmond WITHDRAWN
89-49 May 23 CO-OPERATIVE.
CORPORATIONS.
Co-operative organized under laws of District of Columbia may qualify to do business in Missouri.
89-49 June 22 DELINQUENT TAX SALES. In order to get a collector’s deed the holder of a collector’s tax sales certificate of purchase must obtain from the collector and record such deed within four years of the time of said sale of such realty.
89-49 Aug 16 DOCUMENTARY EVIDENCE OF MARRIAGE CONTRACTED IN ARKANSAS OFFERED IN CIRCUIT COURT IN THE STATE OF MISSOURI. A certified copy of the record of a marriage contracted in the State of Arkansas is admissible in the circuit court, State of Missouri, if it is attested by the seal of office of the county official in Arkansas known as clerk and recorder.
89-49 Sept 17 GOVERNOR.
SECRETARY OF STATE.
PATENTS.
Patent to certain real estate should be issued by Governor and countersigned by Secretary of State.
89-49 Oct 26 REFERENDUM. Opinion Letter to the Hon. Walter H. Toberman
89-49 Dec 27 REFERENDUM.
SECRETARY OF STATE.
Law to be voted on at referendum election to be published in newspapers designated by the Secretary of State.
90-49 Apr 7 Mr. Ralph J. Turner WITHDRAWN
90-49 May 5 MERIT SYSTEM. (1) Employees may voluntarily join or belong to a political club. (2) Employees may be solicited for membership. (3) Employees may make voluntary political contributions. (4) Unlawful to solicit political contributions from Merit System employees.
90-49 Sept 28 Hon. Ralph J. Turner WITHDRAWN
92-49 Feb 28 LIQUOR.
CRIMINAL LAW.
Conviction of employee does not have effect of automatically revoking permit of licensee.
92-49 July 21 LIQUOR.
CRIMINAL LAW.
Construing Sections 4881, 4891 and 4892 Mo. R.S.A. relative to employee of licensee making sale during restricted period under Section 4991.
92-49 Oct 11 TAXATION. Enlarged special road district entitled to proportionate share of road tax money thereafter collected in such enlarged special road district.
92-49 Nov 2 Hon. Raymond H. Vogel WITHDRAWN
92-49 Nov 21 USURY. Note given for the purchase price of an article exacts usurious interest if the note provides for a larger rate than the law allows. Interest charged for the use of money in excess of 2% per month constitutes usury.
93-49 Jan 21 Col. Hugh H. Waggoner WITHDRAWN
93-49 Mar 18 MAGISTRATE JURIES.
CIRCUIT CLERKS.
BOARD OF JURY COMMISSIONERS.
Board of jury commissioners and circuit clerk to select magistrate juries in counties of the third and fourth classes.
94-49 Aug 27 SAVINGS AND LOAN. Effective date of bill providing increase in salary of supervisor and employees.
95-49 July 18 PROSECUTING ATTORNEYS.
BUDGET LAW.
Increase in salaries of prosecuting attorneys effective July 7, 1949, is automatically included in the budget for the year 1949.
96-49 Jan 14 Hon. Hubert Wheeler WITHDRAWN
96-49 Mar 3 PUBLIC SCHOOLS. Transfer of interest and sinking fund balance is not permitted by section 10366 R.S.A. Mo. 1939, until both interest and principal of indebtedness for payment of which such funds were created has been paid in its entirety.
96-49 May 13 SCHOOLS. Marriage of pupil is not grounds for dismissal.
96-49 June 8 SCHOOLS. State Board of Education authorized to adjust and settle boundary dispute when matter is submitted by contending county boards of education under subparagraph (4) of Section 6, S. B. No. 307, Laws of Mo. 1947, Vol. II, p. 370.
96-49 Nov 29 PROSECUTING ATTORNEYS.
SCHOOLS.
Prosecuting Attorneys are required to represent and defend County Superintendents of Schools in civil suits filed against such officials involving their official acts.
97-49 Feb 18 HEALTH, DIVISION OF. Members of State Hospital Advisory Council serve until successors appointed.
97-49 Feb 28 PARENT AND CHILD.
DIVORCE.
Parent failing to pay maintenance money for a minor child in accord with divorce decree is liable to prosecution under nonsupport statute.
97-49 May 10 PROBATE JUDGE.
MAGISTRATE.
OFFICERS.
Probate judge and ex officio magistrate may not be a member of a county library board.
97-49 May 31 PUBLIC OFFICERS. Local deputy commissioner of the motor vehicle registration department may be appointed deputy sheriff.
97-49 June 10 Hon. Homer F. Williams WITHDRAWN
97-49 June 27 CRIMINAL LAW.
SUPPORT OF MINOR CHILD.
VENUE.
JURISDICTION.
CHILD SUPPORT.
The venue and jurisdiction of a prosecution under Sect. 4420, Laws of 1947, Vol. I, p. 259, lies in the county in which the minor child is residing at the time the father fails to support and maintain said child.
97-49 Aug 9 MAGISTRATE COURTS.
FEES.
CRIMINAL LAW.
No fee allowed magistrate court for issuance of a search warrant where no criminal proceeding against an individual is instituted.
97-49 Aug 23 PROSECUTING ATTORNEYS.
DUTIES.
Not duty of Prosecuting Attorney to advise or represent special road districts in his county.
97-49 Aug 27 GAMBLING.
BINGO.
KENO.
The operation of a “bingo game” is a violation of the laws of this state.
97-49 Oct 13 ESCAPE FROM COUNTY JAIL. Prisoner given jail liberties by sheriff or jailer who leaves without legal authority is guilty of escape.
97-49 Nov 23 COUNTY WARRANT. County Court may issue a duplicate warrant when original has been lost or destroyed before being presented for payment, and county treasurer shall pay said duplicate.
97-49 Dec 31 MAGISTRATES. $5.00 fee not refunded when no summons is issued and cause dismissed by plaintiff.