1949 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-49May 5TAXATION 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.
1-49May 13MOTOR 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Section 8461 R.S.A. Mo., 1939, not repealed by section 5 of Motor Vehicle Safety Responsibility Law, Laws of Missouri, 1945, pages 1207 to 1222 inclusive, and particularly sections 5 thereof, although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.
1-49July 17TAXATION 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.
1-49Aug 16HEALTH 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.
1-49Aug 30HEALTH.
HOTELS.
LICENSES.
Only hotels of single buildings with ten or more rooms required to be licensed. License fee may not be prorated.
1-49Sept 9MOTOR 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.
1-49Sept 22HEALTH.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.
1-49Sept 22MOTOR VEHICLES.Financial Responsibility Act applies where judgment is in favor of bailor of automobile against bailee who damages same through negligent operation.
1-49Oct 6HEALTH.
HOTELS.
TOURIST CAMP.
Distinction between hotels and tourist camps for inspection purposes.
1-49Oct 13NARCOTICS.
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.
1-49Oct 14HEALTH. 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.
1-49Oct 14HOTELS.
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.
1-49Oct 24C. F. Adams, M.D.WITHDRAWN
1-49Nov 28FOOD 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.
1-49Nov 28TAXATION. 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.
1-49Dec 6BUREAU 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.
1-49Dec 7LOTTERIES.
GAMBLING.
Game of Dartaway is lottery.
1-49Dec 7MOTOR VEHICLES.Safety Responsibility Law applicable to judgments for less than $1,000.00 for property damages.
1-49Dec 28FOOD 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.
2-49Dec 9Hon. Lyon AndersonWITHDRAWN
3-49Jan 18COUNTY 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.
3-49Feb 10COUNTIES.
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.
3-49Mar 21Hon. Hugh AtwellWITHDRAWN
3-49May 2SCHOOLS.Director need not be qualified voter.
3-49Aug 2COUNTY 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.
5-49Feb 4MOTOR 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.
5-49Feb 9CRIMINAL 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.
5-49Feb 23MAGISTRATES.Office of extra magistrate may be abolished without regard to term of incumbent.
5-49Mar 7TAXATION.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”.
5-49May 4TAXATION.
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.
5-49May 6DUPLICATED 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.
5-49Aug 30Hon. G. H. BatesWITHDRAWN
5-49Nov 9Hon. Emmett L. Bartram WITHDRAWN
5-49Dec 21TAXATION.
SALES TAX.
Invalidity of automobile use tax does not affect remainder of act relative to collection of sales tax on motor vehicles.
9-49Nov 22COUNTIES.
COUNTY COURT.
The County Court may lease the poor farm under certain circumstances.
10-49Jan 4OFFICERS.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.
10-49Mar 24Hon. Paul BooneWITHDRAWN
10-49June 10CORONERS.
SHERIFFS.
Fees in connection with coroner’s inquests.
10-49June 24LIQUOR SEARCH AND SEIZURE.
CRIMINAL LAW.
Disposition of proceeds of sale of contraband liquor after payment of fine and costs assessed by the court.
10-49Oct 24CRIMINAL LAW.Services included in term “valuable thing” used in Section 4694, R. S. Mo. 1939.
10-49Nov 9TAXATION.Errors on the tax book for current or previous years taxes may not be corrected by Collector.
10-49Nov 23HEDGE 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.
10-49Nov 29RECORDER.
MARRIAGE.
Duty of Recorder of Deeds to record marriage certificates.
11-49Mar 16FOREST 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.
11-49June 22PROSECUTING ATTORNEYS.Not mandatory upon prosecuting attorney to file criminal information upon filing of complaint. Prosecuting attorney may use his discretion in this matter.
11-49Dec 30DIVISION 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.
12-49Jan 24WITNESS 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.
12-49Feb 10TAXATION.Soldiers’ & Sailors’ Civil Relief Act exempts person in military service from personal property taxation, unless residence actually established in Missouri.
12-49May 9Hon. Ealum E. Bruffett WITHDRAWN
12-49June 30FORGERY. 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.
13-49Jan 13INTOXICATING LIQUOR. Missouri licensed wholesaler may not sell intoxicating liquor to persons other than licensed retailers.
13-49Mar 14LIQUOR CONTROL.
APPROPRIATION.
REFUND APPROPRIATION.
Appropriation to refund cancelled beer stamps may be paid to assignee of party to whom appropriation is made.
13-49Mar 16INTOXICATING 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.
13-49May 5TAXATION – SALES TAX.Federal Excise Taxes and freight charges not deductible from “contract price” in levying tax on motor vehicles under Sales Tax Act.
13-49July 7SALES TAX.Liability for billboard rental.
13-49July 12SALES TAX.Liability for tax upon advertising posters to be shipped outside state depends upon time of passage of title.
13-49Sept 22OFFICERS.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.
13-49Dec 16SALES 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.
15-49Mar 31CONSERVATION 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.
15-49July 17STATE HIGHWAY COMMISSION.Regulations limiting loads required to be filed in office of Secretary of State.
15-49Sept 26DIVISION 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.
15-49Oct 16ROADS AND BRIDGES.Title to bridge built out of County funds remains in county court.
16-49Feb 11SUPREME COURT.
FEES.
Marshal of Supreme Court not entitled to retain fees for service of process under Supreme Court Rule No. 5.04.
17-49June 29APPROPRIATIONS.
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.
18-49Apr 9Hon. E. Wayne CollinsonWITHDRAWN
18-49Apr 11APPROPRIATIONS.Appropriation for eradication of Bangs disease in cattle may be made out of “The Missouri Postwar Reserve Fund.”
18-49May 25APPROPRIATIONS.
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.
18-49Sept 17COUNTY TREASURERS.
TOWNSHIP ORGANIZATION.
Must pay deputy and clerical hire from own compensation.
18-49Nov 1MAGISTRATES.Telephone is necessary equipment in the Office of the Magistrate and is to be paid for by the County.
18-49Dec 17TAXATION.
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.
19-49Mar 23INSURANCE DEPARTMENT.May employ actuary-jointly with Public School Retirement System.
19-49June 9ADMINISTRATION. Allowance for claim for tombstone is in second class.
19-49Oct 19STATUTES.
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.
20-49May 13SWAMP 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.
22-49Jan 20MAGISTRATES.
COUNTY COURTS.
OFFICERS.
Judge of the county court may not serve as clerk of magistrate court.
22-49May 23PROBATE COURT.
MAGISTRATES.
Clerk of Probate and Magistrate Courts must be over twenty-one years of age.
22-49July 25PUBLIC OFFICERS.
SHERIFFS.
CIRCUIT JUDGES.
Approval by circuit judge of deputy sheriff appointment is discretionally. Mandamus will lie to correct abuse of this discretion.
22-49Nov 22MAGISTRATE 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.
24-49Jan 7CRIMINAL 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.
24-49Jan 19COUNTY BUDGET ACT. County court in counties of the 4th class may estimate tax moneys from all sources in arriving at budget.
24-49Feb 14Hon. William Lee Dodd WITHDRAWN
24-49Mar 10HEALTH – 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.
24-49May 12AUCTIONEERS.
COMMUNITY SALES.
Person selling at auction at community sales barn required to have auctioneer’s license.
24-49June 27BURIAL ASSOCIATIONS.
SUBMITTED FORM OF CONTRACT DISCUSSED.
Form of contract submitted is not a policy of insurance on its face.
24-49July 18COMPENSATION 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.
24-49Oct 31SCHOOLS.
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.
25-49Oct 16HEDGE 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.
27-49Feb 7TAXATION.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.
27-49Mar 2ASSESSORS.
TAXATION.
Assessor need not call upon taxpayer to take his list and view property. Duty of taxpayer to deliver completed list to assessor.
27-49Mar 7ASSESSOR.
TAXATION.
All tangible personal property owned by taxpayer to be assessed in his county of residence.
27-49May 9TAXATION.
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.
27-49Sept 5INTERSTATE 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.
27-49Nov 28LEVEE DISTRICTS.
TAXATION.
No appeal lies to State Tax Commission on assessments on formation of county court levee districts.
27-49Nov 29Hon. Clarence EvansWITHDRAWN
27-49Nov 30TAX EXEMPT REALTY AND PERSONALTY.Realty and personalty not strictly devoted to purely charitable purposes is not tax exempt.
28-49Jan 14LEGISLATURE.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.
28-49Aug 18COUNTY 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.
30-49July 27CORONERS.
DEATH CERTIFICATES.
(1) Jurisdiction of coroners. (2) Proper person to sign death certificates.
30-49Sept 1CRIMINAL 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.
31-49Mar 3MOTOR 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.
31-49Mar 7COUNTY 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.
31-49May 6ROADS AND BRIDGES.
COUNTY COURTS.
County court may suspend funds for constructing a road on land occupied by county hospital.
31-49Sept 15CRIMINAL LAW.
GAMBLING.
When one-ball pinball machine is a gambling device under Section 4678, R. S. Mo. 1939.
32-49Nov 10APPROPRIATIONS.State not obligated to reimburse City of Mount Vernon on sewage disposal plant.
33-49Jan 7TAXATION.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.
33-49Feb 18SALE 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.
33-49Mar 9TAXATION.
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.
33-49Mar 12WORKMEN’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.
33-49Apr 15Hon. James GlennWITHDRAWN
33-49Aug 16SCHOOLS.
ELECTIONS.
Election for annexation of school district void where notice posted for fourteen days instead of fifteen days required by statute.
33-49Sept 8DIVISION 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.
33-49Sept 20LEGISLATURE.
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.
33-49Sept 30Hon. Spencer H. GivensWITHDRAWN
33-49Oct 13CIRCUIT COURT.Circuit Judge may hear case in other circuit when requested to do so by judge of that circuit.
33-49Dec 16SHERIFFS 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.
35-49Sept 19PROSECUTING ATTORNEYS.Prosecuting attorney may sue securities of defaulting county official for monies embezzled by the said official.
35-49Oct 26CRIMINAL 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.
35-49Nov 2CHIROPRACTORS. 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.
35-49Nov 17ADMINISTRATIVE 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.
35-49Nov 21INSURANCE.
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.”
35-49Dec 22INSURANCE.Approval of amendment of articles of Commonwealth Life and Accident Insurance Co.
37-49Feb 7MOTOR VEHICLES. Determination of weight carrying capacity of half-track motor vehicle.
37-49Mar 7Col. David E. Harrison WITHDRAWN
37-49Mar 25MOTOR VEHICLES. Well drilling rig not required to be registered as motor vehicle.
37-49Mar 31SCHOOL DISTRICTS.School districts adjacent to consolidated districts may move to join consolidated districts by petition.
37-49Apr 15Mr. David E. HarrisonWITHDRAWN
37-49May 17HIGHWAY PATROL.Has authority to enforce regulations on privately owned and maintained roadways used by the public in general.
37-49May 31MILITARY FORCES.Provision for compensation for members of Reserve Military Force does not apply to National Guard.
37-49June 13HIGHWAY PATROL.
MOTOR VEHICLES.
Patrol has no authority to make charge for supplying copies of accident reports to interested parties.
37-49July 19SOLDIERS’ BONUS.Board of Review provided by Soldiers’ Bonus Act still may pass upon applications for bonus.
37-49July 29MOTOR VEHICLES.
HIGHWAY PATROL.
Automobile dealer who takes assignment in blank of title may not fill in name as assignee of his transferee.
37-49Sept 24HIGHWAY PATROL.
MOTOR VEHICLES.
Patrol cannot change safety glass standard, and must approve all types conforming with Sec. 8391, R. S. Mo. 1939.
37-49Dec 21Col. David E. Harrison WITHDRAWN
37-49Dec 23ESCHEATS.Unclaimed money in hands of sheriff arising from partition sales to be paid into State Treasury upon order of the circuit court.
39-49Sept 19LIQUOR. State of Missouri cannot prevent shipment of liquor from out-of-state distillers direct to officers’ clubs located on military reservations.
40-49Jan 28ROADS.
MAINTENANCE.
There is no duty imposed upon land owners abutting on a county road to remove growth and underbrush on the right-of-way.
40-49Feb 16COLLECTOR.
TAXATION.
County Collectors not authorized to compromise penalties for nonpayment of merchant’s tax; penalty collected should be turned in to the county.
41-49May 24DIVISION OF WELFARE.
STATE TREASURER.
Certified copy of checks issued to old age assistance recipients competent evidence.
41-49July 1STATE TREASURER.
RECORDS.
EVIDENCE.
Who may inspect and obtain certified copies of records in the Office of State Treasurer.
41-49Sept 20SCHOOLS.Duties of county and township collectors and treasurers under Senate Bill No. 307, Laws of Missouri, 1947, page 370.
41-49Sept 27WATER 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.
41-49Nov 23COUNTY 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.
42-49Feb 28PROBATE 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.
42-49July 11COUNTY TREASURERS.
EX-OFFICIO COLLECTORS.
Provisions of House Bill No. 80 not applicable to incumbent treasurers and ex-officio collectors.
42-49Nov 21OPENING OF COURTS.No formal opening of Probate or Magistrates court is required.
44-49Oct 24INSANE PERSONS. Sheriff entitled to fee for executing warrant of arrest in insanity proceedings.
45-49Jan 5PAUPERS.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.
45-49Feb 1HOSPITALS.
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.
45-49July 26INSANE PERSONS.
PROBATE COURTS.
Insane person admitted to state hospital retains residence had at time of admission.
45-49Oct 24MOTOR 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.
47-49July 24ADMINISTRATION AND FINAL SETTLEMENT NOTICE.Notice of appointment of administrator and of final settlement should appear in four successive weekly insertions in paper.
48-49May 9EVIDENCE.
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.
48-49June 13LIBRARIES. 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.
49-49July 12COUNTY COURTS.
CLOSING PUBLIC ROADS.
A county court may order a public road vacated upon a finding that no necessity for such road exists.
49-49Sept 7Hon. Robert G. KirklandWITHDRAWN
49-49Oct 15HOSPITAL.
INSANE.
Pay patients cannot be evicted from state hospital to make room for indigent insane.
49-49Oct 24OFFICERS. Clerk of the Circuit Court liable on official bond for funds and property in his custody by virtue of his office.
49-49Nov 16CIRCUIT 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.
49-49Dec 19HEALTH.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.
51-49Feb 15Hon. Howard B. LangWITHDRAWN
51-49Feb 21COUNTY 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.
51-49May 18NEWSPAPERS. Weekly newspaper must be published regularly and consecutively, each week, for three years to qualify to publish legal notices.
51-49July 19ROADS 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.
51-49Sept 1MOTOR VEHICLES. Gross weight of combination of commercial motor vehicle and trailer to be used in computing registration fee for the commercial motor vehicle.
54-49Feb 17FOOD AND DRUG.
HEALTH.
Imitation vanilla not labeled “imitation” violates provisions of Pure Food and Drug Act.
54-49Apr 21MISSOURI 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.
54-49Apr 27DANGEROUS 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.
56-49May 25PAROLE, 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.
57-49Jan 31COUNTY SURVEYOR.
FEES.
County surveyor cannot make charge exceeding the amount set out in the statutes.
57-49Feb 24OFFICERS.
PUBLIC BUILDINGS.
Public officers need not accept low bid for a building when, in their discretion, the low bid is not the best bid.
57-49Mar 10MAGISTRATES.
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.
57-49Mar 28TRIAL 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.
57-49Apr 7ADOPTION OF MINORS.
CONSENT; NOTICE TO PARENTS.
When consent of parents may be dispensed with; notice of proceedings must be served on parents.
57-49Apr 11HEALTH 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.
57-49May 2Hon. Samuel Marsh WITHDRAWN
57-49May 20GREAT 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.
57-49June 27TAXATION.
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.
57-49Aug 17ELEEMOSYNARY 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.
57-49Aug 17ELECTIONS.
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.
57-49Oct 10HEALTH.
PUBLIC BUILDINGS.
Under facts presented, public officials may not permit reformation of bid.
57-49Oct 20Hon. Gordon J. MasseyWITHDRAWN
57-49Nov 29CRIMINAL 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.
59-49Apr 12SCHOOLS.
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.
60-49Dec 11Hon. Emory L. MeltonWITHDRAWN
62-49Feb 1SHERIFFS.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.
62-49Mar 10ELECTIONS.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.
62-49Apr 27SCHOOLS.Majority of quorum of county school board has power to approve county reorganization.
62-49June 18PUBLIC ADMINISTRATORS.
GUARDIANS.
COUNTY COURT.
Public Administrator appointed Guardian of incompetent persons receiving old age assistance cannot be paid commission from county funds.
62-49Oct 5STATE 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.
62-49Oct 20TENNESSEE-MISSOURI BRIDGE COMMISSION. Questions relating to the administration of the Tennessee-Missouri Bridge Commission as a division of the Department of Business and Administration.
63-49Jan 17COUNTY 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.
63-49Apr 28Hon. Tom B. MobleyWITHDRAWN
63-49Oct 31APPROPRIATIONS.
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.
63-49Nov 28PROBATE JUDGE.Probate Judge acting as own clerk not entitled to receive compensation other than his compensation as probate judge.
63-49Dec 7COUNTY HOSPITALS.Bonds, sinking fund, unexpended balance remaining after creation of sinking fund to be deposited in county hospital fund.
63-49Dec 12COUNTY 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.
64-49Mar 24SHERIFFS.
ELECTIONS.
Sheriffs of third class counties may appoint deputies to assist him in election duties. Such deputies must look to Sheriff for their compensation.
64-49Nov 21WORKMEN’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.
64-49Nov 30STATE TREASURER.May accept payments from estate of Rosa Ruhland to be credited to Federal Soldiers’ Home Fund. Memorial fund not to be established therefor.
65-49Mar 16MOTOR VEHICLES.Jurisdiction of Commissioner suspended during pendency of appeal from order cancelling, suspending or revoking driver’s license. Further orders during this time void.
65-49May 27DIVISION 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.
65-49June 13RECORDERS.
VETERANS.
Recorders allowed additional fee only when certified copy of discharge is furnished upon request.
67-49Jan 18HIGHWAY COMMISSION.Legislature may not limit expenditure from state road fund.
67-49May 25COUNTY SURVEYOR.Vacancy filled by appointment by Governor; appointee need not be resident of county.
67-49Oct 31APPROPRIATION.
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.
68-49Mar 25AUTOMOBILES.Registered dealers in automobiles required to maintain record prescribed by subparagraph (b) of Sec. 8381, R.S. Mo. 1939.
68-49June 30COUNTY 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.
68-49July 18ATHLETIC COMMISSION.Proceeds to licensee from concessions are part of gross receipts of boxing or wrestling exhibitions.
68-49Oct 31VITAL 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.
69-49Feb 3COUNTY COURT.
OFFICERS.
County officers in counties of the fourth class are unauthorized to purchase supplies for their respective offices.
69-49Apr 20CONSOLIDATED SCHOOLS.The Board of Directors of a consolidated school district have full authority over all schools lying within the area of the consolidated district.
69-49July 23CONSERVATION COMMISSION.
FISH AND GAME PERMITS.
Necessary that persons secure fishing permits before fishing in private waters in this state.
69-49Dec 30DIVISION 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.
70-49July 22SCHOOLS.
SCHOOL DISTRICTS.
Board of directors of common school district empowered to act until completion of organization of reorganized district.
70-49Sept 10SCHOOLS.
TAXATION.
Tax rate applicable in reorganized school districts.
70-49Sept 14OFFICERS.Prosecuting Attorneys are required to prosecute suits for the collection of delinquent personal taxes without additional compensation.
70-49Sept 21COUNTY 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.
70-49Nov 14TAXATION.Production of receipt of taxpayer for letter notifying him of suit essential for personal judgment for personal property taxes.
71-49May 13MAGISTRATES.Maximum amount payable by state for clerk hire in St. Louis.
71-49Oct 14COUNTY LIBRARIES.County Library Board may spend surplus funds for construction of building. May not obtain building under long-term lease with option to buy.
73-49Feb 8ELECTIONS.Conviction upon plea of nolo contendere of Federal income tax evasion disqualifies voter.
74-49Jan 25COURT-MARTIAL.Conviction by court-martial does not affect civil rights, except in case of desertion.
74-49Aug 12DOG 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.
74-49Dec 13ELECTIONS.Tax levy election not invalid because only one polling place was designated by county court.
75-49Jan 29DENTAL HYGIENISTS.Application of sodium fluoride by employees of United States Public Health Service not a violation of Missouri Licensing Law.
75-49May 5Hon. John M. RiceWITHDRAWN
75-49June 6COUNTY 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.
75-49Sept 15CIRCUIT 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.
75-49Oct 5TAXATION.
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.
76-49Dec 21TAXATION.
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.
77-49Feb 9LIBRARY ADVISORY BOARD.
STATE LIBRARY.
Money received in trust for films not state money.
78-49Feb 26PENITENTIARY.
MERIT SYSTEM.
Employees of State Penitentiary paid in accordance with State Merit System Act.
78-49Nov 18The St. Louis Court of AppealsWITHDRAWN
78-49Dec 28TAXATION.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.
80-49Mar 16CRIMINAL 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.
81-49Feb 28SCHOOLS.Taxpayers who pay school taxes voluntarily is not entitled to a refund even though tax is illegal.
81-49Mar 10ELECTIONS.
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.
81-49Mar 16JUVENILES.Who is responsible for medical and surgical needs of juveniles on replacement from the Training Schools. Four questions.
81-49Mar 30BANKS-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.
81-49May 6Mr. Oliver SentiWITHDRAWN
81-49June 9JUVENILES.Board of Training Schools cannot accept child into their custody until properly committed by a court of competent jurisdiction.
81-49June 14JUVENILES.
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.
81-49July 14COUNTY BOARDS OF EQUALIZATION.Deputy County Surveyor may not serve in place of County Surveyor as a member of County Board of Equalization.
81-49July 27CONSTITUTIONAL 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.
81-49Nov 22JUVENILES.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.
81-49Dec 6JUVENILES.Industrial Home for Girls at Chillicothe cannot legally detain and restrain a child committed to their care beyond the child’s twenty-first birthday.
83-49May 3REPEAL 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.
83-49June 27MISSOURI 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.
83-49July 25Hon. John B. SmootWITHDRAWN
83-49Sept 27REFERENDUM.
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.
83-49Oct 10TAXATION.H.C.S.H.B. 185, 65th G.A., still permits refunds for motor fuel sold for non-highway use.
83-49Oct 27SECRETARY 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.
83-49Oct 28ELECTIONS.
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.
83-49Nov 3Hon. Forrest SmithWITHDRAWN
84-49June 27 Opinion Letter to the Hon. Forrest Smith
84-49Nov 9PROBATE COURT.Probate clerks may not receive increased compensation based upon increased valuation during term of Probate Judge.
84-49Nov 16FIRE 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.
86-49Jan 27COUNTY 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.
86-49Aug 5COUNTY 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.
86-49Oct 5OFFICERS.
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.
86-49Oct 24POST-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.
86-49Dec 3MAGISTRATE COURTS.Procedure in cases where parties fail to appear.
86-49Dec 20DEPUTY 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.
87-49Mar 21CONSERVATION COMMISSION.Agents may enter posted land in performance of duty.
87-49May 6OFFICERS.Office of mayor and that of circuit clerk and recorder are compatible.
87-49June 9PROBATE 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.
87-49June 30CORPORATIONS.
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.
87-49Aug 26MERIT SYSTEMS.
COUNTY HEALTH CENTERS.
HEALTH.
State Merit System Act not applicable to County Public Health Centers.
88-49April 15SEWERS.
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.
88-49Oct 28PURCHASING AGENT.
STATE CONTRACTS.
Lease of premises for and in behalf of state department must be negotiated by State Purchasing Agent.
89-49Feb 15NOTARIES PUBLIC.A Notary Public cannot legally notarize documents under any name other than his or her legal name.
89-49Feb 17SECRETARY OF STATE.Deed may be withdrawn for recording.
89-49Feb 18CORONERS.Vacancy created in office on failure of coroner-elect to give bond. Incumbent coroner entitled to hold over in office until vacancy filled.
89-49Apr 9LIQUOR.
JUDGMENTS.
Intoxicating liquor may be sold under execution to satisfy a judgment for a debt.
89-49Apr 29Hon. J. W. ThurmondWITHDRAWN
89-49May 23CO-OPERATIVE.
CORPORATIONS.
Co-operative organized under laws of District of Columbia may qualify to do business in Missouri.
89-49June 22DELINQUENT 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.
89-49Aug 16DOCUMENTARY 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.
89-49Sept 17GOVERNOR.
SECRETARY OF STATE.
PATENTS.
Patent to certain real estate should be issued by Governor and countersigned by Secretary of State.
89-49Oct 26REFERENDUM.Opinion Letter to the Hon. Walter H. Toberman
89-49Dec 27REFERENDUM.
SECRETARY OF STATE.
Law to be voted on at referendum election to be published in newspapers designated by the Secretary of State.
90-49Apr 7Mr. Ralph J. TurnerWITHDRAWN
90-49May 5MERIT 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.
90-49Sept 28Hon. Ralph J. TurnerWITHDRAWN
92-49Feb 28LIQUOR.
CRIMINAL LAW.
Conviction of employee does not have effect of automatically revoking permit of licensee.
92-49July 21LIQUOR.
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.
92-49Oct 11TAXATION.Enlarged special road district entitled to proportionate share of road tax money thereafter collected in such enlarged special road district.
92-49Nov 2Hon. Raymond H. VogelWITHDRAWN
92-49Nov 21USURY.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.
93-49Jan 21Col. Hugh H. WaggonerWITHDRAWN
93-49Mar 18MAGISTRATE 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.
94-49Aug 27SAVINGS AND LOAN.Effective date of bill providing increase in salary of supervisor and employees.
95-49July 18PROSECUTING ATTORNEYS.
BUDGET LAW.
Increase in salaries of prosecuting attorneys effective July 7, 1949, is automatically included in the budget for the year 1949.
96-49Jan 14Hon. Hubert WheelerWITHDRAWN
96-49Mar 3PUBLIC 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.
96-49May 13SCHOOLS.Marriage of pupil is not grounds for dismissal.
96-49June 8SCHOOLS.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.
96-49Nov 29PROSECUTING 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.
97-49Feb 18HEALTH, DIVISION OF.Members of State Hospital Advisory Council serve until successors appointed.
97-49Feb 28PARENT 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.
97-49May 10PROBATE JUDGE.
MAGISTRATE.
OFFICERS.
Probate judge and ex officio magistrate may not be a member of a county library board.
97-49May 31PUBLIC OFFICERS.Local deputy commissioner of the motor vehicle registration department may be appointed deputy sheriff.
97-49June 10Hon. Homer F. WilliamsWITHDRAWN
97-49June 27CRIMINAL 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.
97-49Aug 9MAGISTRATE COURTS.
FEES.
CRIMINAL LAW.
No fee allowed magistrate court for issuance of a search warrant where no criminal proceeding against an individual is instituted.
97-49Aug 23PROSECUTING ATTORNEYS.
DUTIES.
Not duty of Prosecuting Attorney to advise or represent special road districts in his county.
97-49Aug 27GAMBLING.
BINGO.
KENO.
The operation of a “bingo game” is a violation of the laws of this state.
97-49Oct 13ESCAPE FROM COUNTY JAIL.Prisoner given jail liberties by sheriff or jailer who leaves without legal authority is guilty of escape.
97-49Nov 23COUNTY 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.
97-49Dec 31MAGISTRATES.$5.00 fee not refunded when no summons is issued and cause dismissed by plaintiff.