1950 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-50 Feb 20 Taxation. Income tax – Personal exemptions of non-resident taxpayers shall be allowable in the same amount as for resident taxpayers. Rule promulgated by state administrative agency contrary to statute is void. Senate Bill 152 to become effective April 14, 1950, enacted by 65th General Assembly, provides personal exemptions of non-residents subject to income tax shall be prorated on basis that the gross income in Missouri bears to the gross income of non-residents for all sources for the year.
1-50 May 1 TAXATION. Bank Tax Act of 1946, Income representing the payment of interest for which the liability to pay had become fixed and absolute before the commencement of the taxable period would not be subject to the tax imposed by this act.
1-50 July 31 Hon. Charles M. Abbett WITHDRAWN
1-50 Sept 5 MOTOR VEHICLES.
PROOF OF FINANCIAL RESPONSIBILITY.
Proof of financial responsibility to be given only by judgment debtor whose driver’s license was suspended; when.
1-50 Oct 13 DEPARTMENT OF REVENUE.
INCOME TAX REGULATION.
Federal estate taxes are deductible on the State income tax return of the Estate paying said taxes. Gift taxes are deductible on a State income tax return by the taxpayer who pays such tax.
1-50 Oct 18 INCOME TAX.
LIMITATION OF ACTION.
Under Laws of Mo., 1949, page 611, section 11363, enlarging the period of limitation during which an assessment of state income tax could be made from three to four years, the four year period becomes applicable to those taxpayers who were subject to an assessment under the three year limitation at the effective date of the amendment on April 14, 1950, but this enlargement of the period of limitation does not revive the possibility of an assessment which has been barred under the three year limitation before the section was amended.
2-50 Feb 3 PUBLIC BUILDINGS.
CONTRACTS.
State is liable only to general contractor and not to sub-contractors under construction contracts.
2-50 Feb 16 PENITENTIARY.
HOURS OF LABOR.
WATCHMEN.
Watchmen employed by Industrial Department of Missouri State Penitentiary not within provisions of Section 9039, R. S. Mo. 1939, setting maximum daily and weekly hours of work.
2-50 Mar 1 PUBLIC BUILDINGS. Law relating to fixtures.
2-50 May 15 PUBLIC BUILDINGS.
UNIVERSITY.
In the construction and repair of public buildings Missouri products must be used if obtainable at reasonable market prices. Discretionary with officers awarding the contract.
3-50 Mar 14 SCHOOLS. Board of Directors of six director school district not authorized to determine right of duly elected director to his new office.
3-50 Sept 26 HIGHWAYS. Right of way for county highway subject to easement for electric lines and electric company. Must be compensated for removing lines from right of way.
5-50 Jan 23 TAXATION. Intangible personal property. Interest accruing before January 1, 1945, and paid in 1947 and 1948 cannot be included in annual yield for latter years for intangible personal property tax assessments.
5-50 Mar 14 Hon. Emmett L. Bartram WITHDRAWN
5-50 Mar 22 SALES TAX. Director of Revenue shall not issue a certificate of title for any new or used motor vehicle subject to sales tax until the tax levied for the sale of the same has been paid.
5-50 Mar 27 ELECTIONS.
REFERENDUM.
A referred act becomes effective on the date of its approval by the vote of the people.
5-50 Apr 1 MOTOR CARRIERS.
PUBLIC SERVICE COMMISSION.
(1) The word “route” as used in statutes relating to motor vehicles denotes the distance and direction of travel and direction of travel of the motor carrier from one point to another and does not therefore denote the entire operating authority of the said motor carrier. (2) Motor carrier cannot separate its operating authority into various segments without the consent and permission of the Public Service Commission. (3) Provision relating to a motor carrier “operating a route in this state, the total mileage of which is not greater than twenty miles” would apply only to intrastate operations.
5-50 Aug 29 BRIDGES.
DAMAGES TO PUBLIC HIGHWAYS OR BRIDGES.
Any person who shall willfully or negligently damage a highway or bridge upon a public highway is liable for the amount of such damage and the same may be recovered in the name of the state by the municipality, county or other civil subdivision of the state suffering the loss.
7-50 Mar 3 MAGISTRATE COURTS.
SCHOOLS.
County superintendent of schools as school attendance officer may file complaint in magistrate court to enforce compulsory school attendance of children; magistrate court has jurisdiction to hear such cases arising out of prosecution for failure to comply with school attendance law.
10-50 Jan 11 TAXATION.
EXEMPTIONS.
Tillable land owned by a church and farmed by members thereof not exempt from taxation even though proceeds therefrom are used for paying operating costs of church.
10-50 Feb 18 ELECTIONS.
BOARD OF ELECTION COMMISSIONERS, KANSAS CITY, MISSOURI.
Board of Election Commissioners of city of 300,000 to 700,000 may consolidate two or more precincts, dispense with clerk’s canvass and the printing of registration lists for special referendum election April 4, 1950.
10-50 Feb 20 ELECTIONS.
BOARD OF ELECTION COMMISSIONERS, KANSAS CITY, MISSOURI.
REFERENDUM ELECTION.
Kansas City Election Board has right and duty to conduct special referendum election in that part of Clay County purportedly annexed to Kansas City.
10-50 June 8 OPTOMETRY. An optometrist is forbidden by law to advertise directly or indirectly prices or terms for optometric services.
10-50 July 26 SCHOOLS.
ATTORNEY AND CLIENT.
School board may contract for services of attorney, with attorney fee to be paid on percentage basis.
10-50 Aug 30 DIVORCE.
RECORDER.
MARRIAGE.
Consent of mother having custody of minor under divorce proceeding necessary for issuance of marriage license. Father’s consent insufficient.
10-50 Sept 8 Hon. A. B. Bolinger WITHDRAWN
11-50 Mar 9 MOTOR VEHICLES.
CRIMINAL LAW.
Failure to deliver certificate of title upon sale of motor vehicle misdemeanor punishable by fine and jail sentence.
11-50 Apr 14 CRIMINAL LAW.
GAMBLING.
Pinball machine which pays off in free games only is not a gambling device.
11-50 Sept 27 SCHOOL BUSES. Any motor vehicle operated for the purpose of transporting school children shall be required to comply with Laws of Missouri, 1949, p. 329, requiring the vehicle be marked with the specified lettering and equipped with a signaling device.
12-50 Feb 20 ROADS AND BRIDGES. County Court has no authority to advance money to Special Road District organized under Article 11, Chapter 46, R. S. Missouri, 1939, for construction of a bridge.
12-50 Feb 23 SHERIFFS.
ELECTIONS.
Sheriff of third class county may appoint deputies to assist him in election duties. Sheriff fixes and is liable for payment of compensation to such deputies and is not entitled to be reimbursed for compensation paid deputies by county.
12-50 Apr 11 COUNTY COURTS.
ROADS.
County Court has no authority to close a public road to permit strip mining, in a county under township organization.
12-50 Apr 15 Hon. William F. Brown WITHDRAWN
12-50 Apr 27 SCHOOLS.
TAXATION.
Property of school districts annexed to a consolidated district subject to taxation to discharge pre-existing bonded indebtedness of consolidated district.
12-50 May 19 Mr. Herbert S. Brown WITHDRAWN
12-50 June 6 COUNTY BUDGET LAW. County Clerk cannot countermand orders of County Court in budget matters.
12-50 Dec 27 EASEMENT.
TITLE BY PRESCRIPTION.
VESTED IN PETTIS COUNTY.
Easement in real estate may not be acquired by adverse possession but may be acquired by prescription by continuous subjection of servient estate to uses for which the easement is intended for a period in excess of ten years. The unorganized public cannot obtain fishing rights by prescription. Right to take fish resides in owner of land occupied by water, except in cases where land and water are owned by different persons, then right exists in the owner of the water.
13-50 Jan 13 TAXATION SALES. Sales by wholesale to purchaser not coded and paying Sales Tax should be considered sale at retail and burden is upon seller to show otherwise.
13-50 Mar 23 Hon. Donald W. Bunker WITHDRAWN
13-50 Apr 11 SALES TAX. Sale by Missouri dealer to Missouri purchaser, of property shipped to dealer from foreign manufacturer for delivery to purchaser subject to Sales Tax.
13-50 Apr 11 TAXATION – SALES.
SALES TAX.
Persons engaged in business who do not have resale certificates with respect to certain transactions may offer evidence that such sales were not sales at retail.
13-50 Apr 24 TAXATION – SALES.
SALES TAX.
Failure to obtain resale certificates upon sales to peddlers creates no absolute liability for sales tax; failure to have such certificates merely constitutes prima facie evidence that such are retail sales.
13-50 May 9 Hon. W. H. Burke WITHDRAWN
13-50 June 12 SALES TAX.
TAXATION – SALES.
Sales by Missouri buyers to Missouri sellers, goods shipped from without the State, are intrastate sales and not exempt from the Missouri Sales Tax Act.
13-50 Nov 3 Mr. C. B. Burns WITHDRAWN
14-50 Apr 14 Miss Ruth Calhoun WITHDRAWN
14-50 July 17 ELECTIONS. Voter may vote only on charter proposition when submitted at primary election, not required to vote political ballot.
15-50 Apr 10 COUNTY HOSPITALS.
LIABILITY OF COUNTY.
Neither the county nor the board of trustees of a county hospital are liable for the torts committed by its staff or employees, and are not liable for property damage or injuries received by reason of the negligent maintenance of the hospital building or the premises adjacent thereto.
15-50 June 20 REGISTRATION OF VOTERS. For the purpose of registration of voters, the 1950 decennial census becomes effective January 1, 1951.
15-50 Aug 10 PUBLIC BUILDINGS.
CORRECTIONS, DEPARTMENT OF.
LEGISLATION.
REVISION LAWS.
Revision of all statutes bearing on the same subject-matter do not affect construction. Department of Corrections subject to provisions of Act setting forth the duties and responsibilities of the Director of Public Buildings.
15-50 Sept 7 WELFARE, DIVISION OF. Division of Welfare may receive federal grant for needy disabled persons.
15-50 Nov 13 BONDS.
DIVISION OF WELFARE.
No statutory authority for any employee of Division of Welfare except director to execute surety bonds.
16-50 Mar 31 TAXATION. Sales tax not applicable to sales to Army Officers’ and Noncommissioned Officers’ Clubs.
17-50 Jan 6 STATE PURCHASING AGENT. State Purchasing Agent must purchase all State printing.
17-50 Feb 4 ASSESSORS.
COUNTY COURTS.
Counties of third class may not pay for compensation of deputy assessors or clerks.
17-50 Apr 19 Mr. Leo J. Clavin WITHDRAWN
17-50 Dec 7 INHERITANCE TAX.
CONVEYANCES.
A conveyance of real estate without an adequate and full consideration by which the grantor or transferor retains or secures a life estate with remainder in fee simple to the children of the grantor is taxable upon his death as property subject to the Missouri inheritance tax.
18-50 Jan 10 ELECTIONS. Four Judges and two Clerks are to be present at each Precinct in the City of St. Louis at special election to be held April 4, 1950.
18-50 Feb 7 MAGISTRATE COURT. The summons of jurors in the magistrate court may be signed by either the judge of the magistrate court or the clerk of the magistrate court.
18-50 Feb 27 ELECTIONS. Judges and clerks of special referendum election in Kansas City are to be paid half by Kansas City and half by Jackson and Clay counties.
18-50 Mar 15 ELECTIONS. Contract of Board of Election Commissioners of Kansas City extending beyond term of office of members entering into such contract not invalid merely because of such fact.
18-50 Apr 4 TAXATION. Personal property may not be taxed to merchant for both merchants’ tax and personal property tax.
18-50 Apr 6 JURIES.
PROBATE COURTS.
Jurors in Probate Courts entitled to receive $1.00 per day for their services.
18-50 May 25 ELECTIONS. Declaration of candidate which does not state office for which filing is made is insufficient and does not authorize printing of candidate’s name on ballot.
18-50 June 27 SPECIAL ROAD DISTRICTS. A special road district organized under the provisions of Article XI, Section 8711 R.S.A. Mo. 1939 cannot extend its boundaries there being no statutory provision therefor.
18-50 July 6 ELECTIONS.
PETITIONS.
Petitions for amendment of city charter of Kansas City should be verified by Board of Election Commissioners and certified to city council.
18-50 Aug 10 SHERIFF. Sheriff is to convey county patient found insane to state hospital upon order of probate court. Rate of compensation fixed by R. S. Mo. 1939, Sec. 9355. No duty to convey pay patient admitted to state hospital through application to superintendent unless the sheriff has the patient in his care and custody for some other cause.
18-50 Nov 22 LOTTERY. Such an enterprise contains three elements: consideration, chance and prize, and, therefore, is a lottery.
18-50 Dec 14 OFFICERS. Payment to incumbent county judge who holds over under action brought by himself in circuit court relieves county of liability for further payment after Supreme Court holds incumbent not entitled to office.
19-50 Feb 2 FINES. Fines in Seagram Anti-Trust Case go into general revenue.
19-50 July 24 Hon. Bart Cooper WITHDRAWN
20-50 Sept 25 AGRICULTURE.
RENDERING PLANTS.
LICENSES.
Persons starting operation of disposal plant and operating vehicles in connection therewith must pay full amount of license for calendar year.
22-50 June 9 SCHOOLS.
PROSECUTING ATTORNEYS.
Prosecuting attorney may exercise discretionary powers in instituting civil actions in which county is concerned.
22-50 July 17 INSANE PERSONS.
PROBATE COURTS.
Lapse of time preventing operation of Section 9356, the Probate Court of County in which party regularly discharged from state hospital takes up residence has proper jurisdiction to commit said party as insane poor person to state hospital.
22-50 Nov 9 COUNTY PUBLIC HEALTH CENTERS.
TITLE TO REAL ESTATE.
Title to real estate purchased for the use of a county public health center should be vested in the county for the use and benefit of the county health center or council or its successors.
24-50 Jan 16 SPECIAL ROAD DISTRICT. Method of election of commissioners to be determined by Board of Commissioners.
24-50 Feb 13 ROADS DISTRICT, SPECIAL. Costs of election to disorganize special road district organized under Chap. 46, Art. 10, must be borne by County in which all or greater part of district is located.
24-50 Mar 2 ROAD DISTRICTS, SPECIAL. Special Road District, organized under Article 11, Chapter 46, Revised Statutes of Missouri, 1939 must bear costs of proceedings to dissolve such district. If County Court decides against dissolution, costs must be borne by petitioning landowners.
24-50 Mar 9 DEPUTY CIRCUIT CLERKS IN FOURTH CLASS COUNTIES. Deputy circuit clerks and assistants may be appointed by circuit clerk with approval of circuit court and salary paid out of county treasury.
24-50 Mar 9 PRELIMINARY HEARING. Transcript of testimony at preliminary hearing need not be delivered to defendant when defendant is released on bond. Transcript of testimony is to be delivered to clerk of the court in which the offense if cognizable.
24-50 May 1 CHILDREN. A child born in wedlock is presumed to be legitimate; the father of an illegitimate child can be made to support such child.
24-50 June 21 ROADS. Board of Commissioners of Special Road District organized under Article 10, Chapter 46 R. S. Mo. 1939, shall have sole, exclusive and entire control and jurisdiction over all public highways within its district outside the corporate limits of any city or village, therein to construct, improve and repair such highways, and this control shall include all streets dedicated to the public use which may lie in an unincorporated community within the special road district.
24-50 Nov 21 LIQUOR.
INTOXICATING LIQUOR.
Obstruction of 1/3 to 1/2 of windows of tavern by curtains constitutes no violation of Liquor Control Act.
24-50 Dec 18 SCHOOLS.
WARRANTS.
Warrant issued by school district to pay indebtedness exceeding revenue for particular year is void; warrant cannot be issued in subsequent year to pay previous warrant issued.
25-50 Jan 11 COUNTY TREASURERS.
SCHOOL DISTRICTS.
Dual capacity of county treasurer and treasurer of six-director school district is prohibited by public policy and violates the rule against holding incompatible offices.
25-50 Mar 31 Hon. Ralph H. Duggins WITHDRAWN
25-50 July 20 THE STATE BOARD OF CHIROPRACTIC EXAMINERS. The State Board of Chiropractic Examiners of Missouri does not have the power to subpoena witnesses.
25-50 Aug 29 OFFICERS. Calling of County Collector, who is a member of the reserve, to active duty, does not cause vacancy in office.
25-50 Sept 19 DIVISION OF INDUSTRIAL INSPECTION. To be subject to pay an inspection fee a business must fall within one of the classes enumerated by Missouri law as being subject to inspection.
25-50 Nov 15 Doctor S. J. Durham WITHDRAWN
26-50 Jan 18 ELECTIONS. Kansas City Board of Election Commissioners not required to have clerks canvass for special election for referendum on gasoline tax increase.
26-50 Mar 31 SALARIES. Salary of County Clerk elected at November 1950 election is determined by 1950 decennial census.
26-50 Aug 4 President Roy Ellis WITHDRAWN
26-50 Nov 15 Hon. J. R. Eiser WITHDRAWN
27-50 Jan 16 TAXATION AND REVENUE. Omitted tangible personal property may be added to Assessment rolls by County Board of Equalization or State Tax Commission for current year.
27-50 Jan 31 Hon. Clarence Evans WITHDRAWN
27-50 Mar 21 FRANCHISE TAX.
BANKS.
New York Mutual Savings Bank pays Twenty-five Dollar ($25.00) annual fee.
27-50 Apr 1 TAXATION. State Tax Commission does not assess pipe line which is not a public utility.
27-50 Aug 24 RAILROADS.
TAX ASSESSMENT.
Real property operated as parking lot by the Terminal Railroad Association of St. Louis is “locally assessable.”
27-50 Sept 20 TAXATION.
HATCHERY.
Hatchery operator engaged in selling baby fowls should be classified as a merchant and subject to the merchant’s tax. Farmer engaged in selling farm products not subject to merchant’s tax provided he does not have a regular stand or place of business away from his farm. Person contracting to hatch eggs for others is not a merchant.
27-50 Nov 21 TAXATION.
STATE TAX COMMISSION.
A taxpayer may appeal from the assessment of a county assessor to the County Board of Equalization and from their decision to the State Tax Commission. A taxpayer has no right of appeal from the assessment of county assessor directly to the State Tax Commission.
30-50 Feb 9 ELECTIONS.
OFFICERS.
Person appointed during Senate recess to fill vacancy on Kansas City Election Commission caused by resignation entitled to pay.
30-50 May 8 GRAND JURY.
PROSECUTING ATTORNEY.
Jackson County Prosecuting Attorney may not receive funds from county in addition to those provided in contingent fund statute, Section 13470, R. S. Missouri, 1939. County court may not appropriate money to grand jury for investigation.
31-50 Mar 7 ELECTIONS. Under provisions of Section 11682 judges selected by county court, clerks selected by judges.
31-50 Apr 6 CORONER. Governor to appoint eligible person to fill vacancy in office of coroner in fourth class county. Such officer to hold office for the remainder of the term. The next election for county coroner will be at the general election in 1952.
31-50 Apr 19 COUNTY TREASURER. Salary in counties of the fourth class under township organization determined according to statute fixing salary of treasurers in fourth class counties generally.
31-50 May 16 TOWNS AND VILLAGES.
TAXATION.
Delinquent taxes of any town or village shall be collected by the county collector in the same manner as delinquent state and county taxes are collected.
31-50 June 13 OFFICERS. County Treasurer’s compensation may not be increased during term of office.
32-50 Mar 31 COUNTY. Third and fourth class counties may issue negotiable “tax anticipation notes” to borrow money on anticipated tax collections.
32-50 May 26 DIVISION OF HEALTH.
PRIVILEGED COMMUNICATIONS.
A regulation of the Division of Health requiring privileged communications to be held confidential.
33-50 Feb 7 WORKMEN’S COMPENSATION.
OFFICERS.
The election by a county may be made by the County Court. Such acceptance does not cover elective officers.
33-50 Feb 10 INHERITANCE TAX. Inheritance tax should be determined and assessed in accordance with terms of will, rather than on basis of disposition provided by assignment of part of legatee’s interest to others.
33-50 Mar 17 INHERITANCE TAX. Damages received under wrongful death statutes not subject to Inheritance Tax.
33-50 May 3 INSANE PERSONS. Insane persons are entitled to an adjudication of their mental capacity by the Probate Court to determine the necessity of appointing a guardian even when they have been acquitted of a criminal charge by reason of insanity.
33-50 June 26 CIRCUIT COURTS.
SALARIES AND FEES.
Circuit Judge of the Second Judicial Circuit entitled to receive the change of venue fees in cases which were tried and finally disposed of by said judge prior to July 1, 1946.
33-50 July 13 SCHOOLS.
TOWNSHIP TRUSTEES.
Township trustee has no authority to disburse school funds of his township after formation of consolidated district under provisions of Section 1, Laws of 1947, Vol. II, Page 317; must turn over all such funds in his hands to treasurer of enlarged district, and is not entitled to a commission for such turnover.
33-50 Aug 15 INHERITANCE TAX. Deferred payment of inheritance tax under law prior to Laws of 1921, page 110, bears interest at rate of six per cent per annum from death of decedent until payment of tax. Inheritance tax supervisor may not compromise claim for such interest.
33-50 Sept 8 INHERITANCE TAX. Supervisor may not accept compromise offer for interest on tax. Interest must be abated by probate court.
33-50 Nov 10 STATE INHERITANCE TAXES. Inheritance tax to be paid by life tenant and not contingent remainderman, when.
33-50 Nov 22 COUNTY COURT.
COUNTY TREASURER.
SERVICES.
The county court in a third class county is not authorized to pay extra compensation to the county treasurer for duties performed pursuant to the disbursement of county road funds under the King Road Bill (Laws of Mo. 1945, p. 1471.)
35-50 Feb 18 ARMORIES.
ADJUTANT GENERAL.
Purchase of armory for which money was appropriated to Adjutant General to be made by State Purchasing Agent.
35-50 Feb 24 STATE BOARD OF CHIROPRACTIC EXAMINERS. State Board of Chiropractic Examiners not authorized to pay investigator from operating fund of said Board.
35-50 May 5 LOCATION AND ESTABLISHMENT OF ROADS. The county court is the proper forum for the commencement of a proceeding for the location and establishment of a county public road.
35-50 Aug 24 TAXATION.
LOCAL ASSESSMENTS.
Property of state not subject to local assessment by city of third class for paving of street.
35-50 Oct 23 ADJUTANT GENERAL.
APPROPRIATIONS.
MUNICIPALITIES.
Since third class city has no authority to levy assessment against state-owned armory for paving a street, Adjutant General cannot pay or contribute a proportionate part of the cost of same.
36-50 Jan 16 PROBATE COURTS. A probate court of a fourth class county has no jurisdiction and authority over the case and cannot commit an indigent nervous person who is not insane to a state hospital for treatment.
36-50 June 9 PROBATE JUDGE. A probate judge may not collect fees for hearing and determining inheritance tax matters. Probate judges no longer have the power to solemnize marriages.
37-50 Jan 20 EXPERT WITNESSES. A prosecuting attorney in a third class county operating under the county budget law may include in his estimated budget of expenditures an item for the payment to proposed expert witnesses for work necessary to be done by them before testifying on behalf of the state in criminal cases.
37-50 Feb 20 MOTOR VEHICLE TRAILERS. The type of hitch or length thereof does not determine whether a vehicle should be registered and licensed as a trailer.
37-50 Mar 11 FOOD AND DRUG.
SOFT DRINKS.
Natural fruit juices are not included in the definition of soft drinks and are not subject to the Beverage Inspection Act.
37-50 Apr 11 VITAL STATISTICS.
BIRTH REGISTRATION.
A child generated by the first husband of the mother should be registered as the child of said natural father even though the mother divorces said husband and marries husband No. 2 before the birth of said child.
37-50 May 8 FOOD AND DRUGS.
SEIZURE OF FOOD.
Food seized by the Bureau of Food and Drugs cannot be held for more than three days without a court order.
37-50 May 9 Hon. Buford Hamilton, M.D. WITHDRAWN
37-50 May 17 COUNTY CLERK. Compensating of deputy fixed by county clerk.
37-50 May 22 ADJUTANT GENERAL.
MILITIA.
Cannot enter into agreement in which State would be liable for torts of Air National Guard personnel.
37-50 June 8 DIVISION OF HEALTH.
FOOD AND DRUG.
Suggested forms of pleading to condemn unsound or contaminated food in accordance with provisions of Section 9861, R. S. Mo. 1939, Reenacted Laws 1943, page 559.
37-50 June 12 Dr. Buford G. Hamilton WITHDRAWN
37-50 July 19 Hon. Lane Harlan WITHDRAWN
37-50 Oct 10 Col. David E. Harrison WITHDRAWN
37-50 Oct 20 ELECTIONS.
NAME APPEARING ON BALLOT.
Candidate nominated by use of primary ballot stating the first two initials and the last name may appear on the general election ballot by a first initial, middle name and last name if, in judgment of official whose duty it is to print the ballot, said first initial, middle name and last name sufficiently identifies him.
37-50 Oct 27 HIGHWAY PATROL.
MOTOR VEHICLES.
Highway Patrol may approve plexiglas as safety glass.
37-50 Nov 30 CRIMINAL LAW.
WEAPONS, CONCEALED.
Any person, except a manufacturer or wholesaler of weapons to or from a wholesale or retail dealer therein, capable of being concealed upon the person, shall, before selling, lending, or delivering such weapon to another, first receive from such person a permit issued by the Circuit Clerk of the County in which such person resides authorizing such person to receive such weapon.
38-50 Feb 9 DIVISION OF HEALTH.
DRUGS AND DRUGGISTS.
Any person who sells, delivers, or offers for sale any new drug that has not been tested and approved as safe for use by either the Federal Food and Drug Administration or the Division of Health of Missouri shall be guilty of a misdemeanor.
38-50 Feb 10 DIVISION OF HEALTH.
PLUMBING CODE.
The Division of Health may require the Code of Regulations prepared by the Board of Plumbing and Sewer Inspection of St. Louis County to provide regulations that will protect the public health and safety.
38-50 Mar 29 DIVISION OF HEALTH.
FUNDS.
VITAL STATISTICS.
All funds received by the Division of Health must be deposited in the state treasury.
38-50 Mar 31 DIVISION OF HEALTH.
REPORT AND ORDER.
The attached report and order in regard to hearing held in Eldon, Missouri on March 21, 1950, by the Director of Public Health and Welfare and the Director of Division of Public Health is hereby approved as to form and legal content.
38-50 Apr 6 Dr. Buford G. Hamilton WITHDRAWN
39-50 Jan 3 LIQUOR CONTROL.
AIRPORTS.
Liquor by drinks license cannot be issued for premises on airport constructed by city outside its corporate limits.
39-50 Apr 21 DISPLAY OF LIQUOR LICENSE. A wholesale liquor dealer who does not display his license on the premises described in his license is in violation of the Rules and Regulations of the Supervisor of the Department of Liquor Control.
39-50 June 22 Hon. Covell R. Hewitt WITHDRAWN
39-50 Dec 6 MAGISTRATES. Salaries of Magistrates for terms beginning January 1, 1951, determined by assessed valuation for Year 1949.
40-50 Jan 28 ELECTIONS. A county may conduct a special election for distribution of school funds on the same date, and with the same officials as are employed in the forthcoming gasoline tax referendum.
40-50 Feb 10 Hon. Roger Hibbard WITHDRAWN
40-50 Feb 23 TAXATION. Estate of decedent not liable for taxes on property devised for charitable use, where lien had not accrued at death.
40-50 Mar 13 COUNTY TREASURER. County Court in third class county, not under township organization, may pay stenographic help for County Treasurer.
40-50 Apr 12 NEWSPAPERS.
PUBLICATIONS.
Section 14966, Senate Bill No. 123, 65th General Assembly, has not fixed maximum to be charged by newspapers for legal publications in civil cases nor does any other statute set maximum, outside cities having 100,000 population of more.
40-50 June 27 Hon. Wilson D. Hill WITHDRAWN
40-50 Nov 30 MAGISTRATES. Where population of county falls below 30,000 according to preliminary census figures, separate office of magistrate abolished as of January 1, 1951. No districting in such county for purpose of election on appointment of additional magistrate.
40-50 Nov 30 CONTRACT.
STATUTE OF FRAUDS.
Contract for the sale of Goods, Wares and Merchandise for the price of $30.00 or more, not valid unless the parties thereto comply with the provision of the Statute of Frauds, (Sec. 3355 R. S. Mo. 1939)
41-50 Jan 6 Hon. W. H. Holmes WITHDRAWN
41-50 Apr 25 COUNTY COLLECTORS. Current drainage taxes included in determining compensation for mailing notice of taxes due.
41-50 May 16 SCHOOLS.
TAXATION.
Levy applicable when election approving excess is declared void is maximum permitted under constitution without election. Taxpayers who tender legal tax not liable for penalty.
41-50 June 28 SCHOOLS.
ELECTIONS.
Notice of special election in common school district entitled “special school meeting” instead of “special school election,” and concluding election within one hour after opening of special school meeting, are mere irregularities and will not justify the State Auditor in refusing to register bonds voted at such election under Section 3306, R. S. Missouri, 1939.
41-50 July 7 PROSECUTING ATTORNEYS. Prosecuting attorneys of third class counties to receive that compensation provided by Sections 12939, 9701 and H. B. #297 as payment in full; not entitled to any part of fees collected.
41-50 Sept 21 SCHOOLS. Notice of bond election specifying purpose of bond issue to be purchase and removal of war surplus buildings and re-erection on school premises as sufficient.
41-50 Sept 27 COUNTY COLLECTOR.
COUNTY CLERK.
Under Senate Bill No. 1024 and House Bill No. 2010, 65th General Assembly, County Collector receives ten cents per tract for making delinquent land list and County Clerk receives ten cents per tract for making back tax book, plus five cents per tract for authenticating list.
41-50 Dec 15 COUNTY CLERKS. County clerks of third and fourth class counties entitled to retain fees for extending the tax books for 1947 and 1948.
42-50 Nov 16 DEEDS OF TRUST.
MORTGAGES.
NEWSPAPERS.
Newspaper notice for the foreclosure of a deed of trust on property lying within that part of Kansas City located in Clay County must be made in newspapers published in Kansas City and Clay County.
44-50 Feb 15 PROSECUTING ATTORNEYS.
ELECTIONS.
Candidate for office of prosecuting attorney not required to be licensed attorney to be eligible for nomination. County Clerk must receive said candidate’s declaration and place his name on the ballot.
44-50 Mar 10 PUBLIC RECORDS.
DIVISION OF INDUSTRIAL INSPECTION.
Individual statistical reports filed with Division of Industrial Inspection are public records subject to inspection by those parties showing an interest therein. Inspection reports made by Division not subject to inspection.
44-50 Apr 19 TAXATION.
SALES FOR DELINQUENT TAXES.
Surplus from general tax sale of lands after payment of delinquent taxes, interest, penalty and costs should be paid to owner of lands at time of tax sale and not to grantee of deed from such owner subsequent to such tax sale where deed purports to convey grantor’s interest in said lands and no reference is made to right to surplus.
45-50 Jan 24 LIQUOR LICENSE. One who obtains license which permits intoxicating liquor to be consumed on his premises is subject to pay fee fixed by county court within limits fixed by law, and may be prosecuted for failure to do so.
45-50 Mar 29 PROBATE JUDGE. A person not eligible to hold office on the day of the commencement of the term of office cannot qualify for the office four months after the beginning of the term.
45-50 Oct 17 DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
CONVEYANCE OF RIGHT-OF-WAY.
The director of the Department of Public Health and Welfare has authority to convey to the State Highway Commission right-of-way needed for a state highway through real estate in which title is vested in said Director as trustee for the State of Missouri.
48-50 Oct 18 SHERIFFS. It is the duty of the sheriff of each county to collect, after receiving an order from the clerk of the County Court so to do, any tax assessed by said County Court upon any public theatrical or minstrel performances, shows and circuses or any other public exhibits in said county.
48-50 Oct 24 Hon. H. A. Kelso WITHDRAWN
48-50 Oct 27 BONDS.
SHERIFFS.
CRIMINAL LAW.
Sheriff has discretion only to determine pecuniary responsibility of surety on bail bond, but cannot determine who may be surety. Refusal to allow responsible person to be surety may be remedied by mandamus or suit for false imprisonment.
49-50 Jan 12 BUREAU OF VITAL STATISTICS.
LOCAL REGISTRAR.
Director shall determine extent and duration of a local registration district that becomes a part of a city, and local registrar continues to hold office until removed or succeeded by a qualified successor.
49-50 Jan 19 Hon. Robert G. Kirkland WITHDRAWN
49-50 Jan 25 INSANE PERSONS. County not liable for cost of commitment and maintenance of insane person unless said person was physically residing in county at time of commitment.
49-50 Feb 3 MAGISTRATE COURTS. County wherein Magistrate Court is held is under a duty to furnish to the said Magistrate Court the facilities necessary for the holding of Court and the administration of the Court held in such county.
49-50 Feb 24 ELECTIONS. Clay County Court has no jurisdiction over that part of Clay County annexed to Kansas City January 1, 1950, insofar as special referendum election, April 4, 1950, in concerned.
49-50 Apr 24 ELECTIONS.
POLITICAL COMMITTEES.
Candidates for committeeman and committeewoman in that part of Kansas City located in Clay County will file from the township in which he or she lives.
49-50 May 9 INSANE PERSONS.
COUNTY LIABILITY.
The burden of supporting the insane poor rests upon the county in which insane poor have acquired a residence.
49-50 June 5 Hon. Robert G. Kirkland WITHDRAWN
49-50 June 16 MAGISTRATE COURTS.
FEES.
PROSECUTING ATTORNEYS.
Several questions relating to the assessment and collection of fees in the magistrate courts, and the certification of fee bills in connection therewith.
49-50 Sept 13 BOARD OF ELECTION COMMISSIONERS.
COUNTIES.
It is within the power of the Legislature to provide that the expenses of a board of election commissioners of a city located in two counties shall be paid by both such counties.
52-50 Feb 16 INSURANCE.
FOREIGN INSURANCE CORPORATIONS.
Section 6007, R.S. Mo. 1939 prohibiting removal of cases from State Courts to Federal Courts by foreign insurance corporations is unconstitutional.
52-50 Apr 15 INSURANCE. Approval of Amendment of Articles of Incorporation of Physicians Life and Casualty Company of St. Louis, Mo.
52-50 May 5 Opinion Letter to Honorable C. Lawrence Leggett
52-50 Aug 8 INSURANCE.
TAXATION.
Section 6012, R. S. Missouri, 1939, comprehends gross premiums obtained and is not limited to net premiums obtained.
52-50 Oct 6 INSURANCE. Approval of increase of capital stock of the American Automobile Fire Insurance Company.
52-50 Oct 10 INSURANCE. Union Automobile Club membership contract providing reasonable, minimum and maximum indemnities in money for risks incurred in a contract of insurance and may not be issued without compliance with the Insurance Code of Missouri.
52-50 Dec 11 INSURANCE – INCREASE OF CAPITAL STOCK. Proceedings of Business Men’s Assurance Company of America increasing its capital stock and authorizing the directors to declare dividend of capital stock comply with the laws of this State and are constitutional.
52-50 Dec 27 INSURANCE. Approval to increase capital stock of National Fidelity Life Insurance Company.
53-50 Jan 4 ASSESSORS. County assessor in a fourth class county having a population of 7500 or more should receive forty-five cents for making one assessment list which contains an assessment of the real and personal property all under the same ownership; entitled to forty-five cents for making each nonresident real estate assessment list.
53-50 Sept 15 COUNTY COURT.
ROADS.
County Court in Douglas County, a county of the Fourth Class not authorized to pay to the City of Ava any part of the road tax collected within said city for maintaining roads leading into city.
54-50 July 21 Mr. H. M. Long WITHDRAWN
56-50 Mar 28 OFFICERS. County Coroner in 4th class county may serve simultaneously in office of police judge in 4th class city.
57-50 Jan 10 COUNTY COURT.
HEALTH.
Official health center organization has exclusive control over expenditure of moneys collected to the credit of a county public health center, and upon presentation of a properly authenticated voucher by said organization, the county court must issue a warrant.
57-50 Jan 26 SCHOOLS. State Board of Education may adopt regulation requiring school buses to be painted yellow.
57-50 Feb 23 SHERIFFS.
OFFICERS.
Sheriff entitled to five cents per mile for serving subpoenas in Christian county for a misdemeanor trial in Douglas County; entitled to five cents per mile for transporting prisoner from one county to another; deputy sheriff not entitled to keep any pay for taking prisoner to penitentiary, but guard, not deputy sheriff, entitled to keep such pay.
57-50 Feb 27 MAGISTRATES.
CHANGE OF VENUE.
CRIMINAL COSTS.
When a change of venue is granted from magistrate in misdemeanor case the defendant is not required to pay any costs until after trial and conviction.
57-50 Mar 10 TAXATION. Personal property in county under township organization assessed in township in which owner resides.
57-50 Mar 17 CORONERS.
COMPENSATION: MILEAGE, RIGHT TO.
Coroner of third class county entitled only to compensation and mileage for services provided by Sections 13259.4 and 13259.5, Mo. R.S.A. 1939. Must pay all fees accruing in office to county treasurer.
57-50 Mar 29 DIVISION OF HEALTH.
FUNDS.
VITAL STATISTICS.
All funds received by the Division of Health must be deposited in the state treasury.
57-50 Apr 21 DIVISION OF WELFARE.
AID TO DEPENDENT CHILDREN.
Division of Welfare shall not accept any statements or certificates from physicians, clinics or other authorities as to the physical or mental incapacity of the parent unless such authorities have been designated by the Division of Welfare to examine the parent. Their statements or certificates of unauthorized examinations of a parent cannot be considered upon appeal.
57-50 Apr 24 CRIMINAL LAW.
MISDEMEANOR CASES IN MAGISTRATE COURTS.
DISQUALIFICATION OF JUDGE.
In absence of statutory authority magistrate judge may not disqualify himself and certify case to circuit court for trial. Prosecutor may dismiss misdemeanor case any time before defendant is put upon trial, and dismissal will be no bar to subsequent prosecution for same offense in same or any other court having jurisdiction of offense.
57-50 May 6 CRIMINAL LAW – INFORMATION.
FALSE PRETENSES.
False pretenses not punishable when based on promise to do an act in the future.
57-50 May 8 HEALTH, DEPT. OF. Approval of contract for construction of five (5) staff residences at State Hospital No. 3, Nevada, Missouri.
57-50 May 9 HEALTH, DEPT. OF. Architectural contract in connection with alteration of recreational building at St. Louis State Hospital, St. Louis, Mo.
57-50 May 10 CRIMINAL LAW.
ACCESSORY BEFORE THE FACT.
One who procures others to commit a crime is guilty as a principal although he was not bodily present at the time and place where the crime was committed.
57-50 May 16 NOTICE.
NEWSPAPERS.
PUBLIC BUILDINGS.
Statutory requirement of ten days’ notice complied with by insertion in two consecutive issues of a weekly paper provided the first insertion is at least ten days before the award of a contract.
57-50 May 26 HEALTH, DEPT. OF. Legality of contract for architectural services in construction of dormitory at Federal Soldiers’ Home at St. James, Missouri.
57-50 June 19 PUBLIC HEALTH & WELFARE, DEPT. OF. Approval of proposed contract for repairs of roofs on Criminal Building at State Hospital #1, Fulton, Missouri.
57-50 June 19 PUBLIC HEALTH & WELFARE, DEPT. OF. Approval of proposed contract for repairs of roofs on property at State Hospital #2, St. Joseph, Missouri.
57-50 Aug 9 LOTTERY. Scheme whereby tickets are given by merchants with each purchase and drawing held with automobile as prize constitutes lottery even though some free tickets are distributed.
57-50 Oct 9 DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
LEASE OF FARM LAND OF CONFEDERATE HOME.
Department of Public Health and Welfare and the Division of Welfare does not have authority to lease any of the land constituting a part of the Confederate Home near Higginsville, Missouri.
57-50 Nov 13 TAXATION.
COUNTY COURT.
ASSESSOR.
Authority of county court to adjust assessment on real estate.
57-50 Nov 17 PUBLIC OFFICERS.
FEES AND SALARIES.
Offices of deputy sheriff and city marshal are not incompatible. Party holding these offices entitled to compensation provided for each.
57-50 Dec 12 COUNTY BUDGET SYSTEM. Expenditures for maintenance of county roads including compensation for personal services cannot be paid out of class five having been budgeted as required by law under class three.
59-50 Mar 29 ELECTIONS.
HOLIDAYS.
Special referendum election to be held April 4, 1950 is not a “public holiday” within the meaning of Section 15310 R.S. Mo. 1939.
59-50 Apr 29 AGRICULTURE.
SEEDS.
Agricultural seeds containing noxious weed seeds must not indicate that there are no noxious seeds when such seeds are present.
59-50 July 31 Mr. J. L. McMenamy WITHDRAWN
59-50 Sept 16 AGRICULTURE.
FEEDS.
Mixes whole grains are not “commercial feeding-stuffs” and, therefore, not subject to Missouri Feed Law.
59-50 Dec 9 STATE HISTORICAL SOCIETY. State Historical Society is an agent of the state and not subject to suit.
60-50 Feb 3 CANCER HOSPITAL.
CAPACITY TO ACCEPT GIFTS OR BEQUESTS.
The State Cancer Commission acting on behalf of The Ellis Fischel State Cancer Hospital may accept all such gifts or bequests as are consistent with the purposes for which the hospital was organized.
62-50 Jan 17 TAXATION.
REVENUE.
Title Insurance Companies, organized under the provisions of Article 17, Chapter 37, R. S. Missouri, 1939, exempted from payment of franchise tax to extent assets of corporation reasonably allocated to such insurance business.
62-50 Feb 17 MISSOURI STATE SOIL DISTRICTS COMMISSION. The official rules and procedures for fair and impartial referendums on the establishing of soil districts and a selection of soil district supervisors that have been submitted to this department should be and are hereby approved, subject to the modifications and recommendations suggested herein.
62-50 Apr 6 MAGISTRATE COURTS.
CIRCUIT COURTS.
FILING FEES.
Refund to plaintiff of filing fee paid to Magistrate Court when change of venue is taken to Circuit Court.
62-50 May 25 ROADS AND BRIDGES.
COUNTY COURTS.
Revenue derived from special road tax levied under Sec. 8527, Laws 1945, p. 1478, and retained by county cannot be expended on city streets which form a part of a continuous county road if the city lies within an “eight mile” special road district organized under Art. 10, Chap. 46, R. S. 1939.
62-50 June 15 ELECTION. Declaration of candidacy for Office of Probate Judge sufficient in counties where Probate Judge is also Magistrate.
62-50 Sept 21 SOIL DISTRICTS COMMISSION. Motor vehicles belonging to the Missouri State Soil Districts Commission must be sold by the state purchasing agent; Money received from the sale of said vehicles must be deposited in the State Treasury, and the Commission cannot spend such funds.
62-50 Oct 10 ELECTIONS.
VACANCY AFTER NOMINATION.
When a vacancy in office occurs after any primary and before the general election, such vacancy shall be filled by nomination by the party committee of the proper county, district or state, according to the office to be filled, and such nomination shall be certified to by the chairman or secretary of the party committee.
63-50 Nov 3 Hon. J. P. Morgan WITHDRAWN
64-50 Feb 21 JUDGMENTS. The recording, docketing and indexing of a judgment is constructive notice to all parties in interest of the contents and effect of the judgment.
64-50 Apr 28 WORKMEN’S COMPENSATION.
DUTIES OF STATE TREASURER.
The duties of the State Treasurer defined in Section 3707(a), Laws of Missouri, 1945, page 1998, amending the Workmen’s Compensation Act, are related to the receipt, custody and disbursement of State funds. Said Section 3707(a) is constitutional.
66-50 Apr 29 ADOPTION.
JUVENILE COURTS.
Juvenile court of county in which persons seeking to adopt reside or in which child sought to be adopted may be has jurisdiction in adoption proceedings.
66-50 May 31 TAXATION. Property acquired by taxation-exempt organization after assessment date liable for the taxes for year in which acquired.
66-50 June 1 Hon. O. R. Newcomer WITHDRAWN
66-50 July 13 ELECTIONS-ABSENTEE BALLOT. Any officer authorized by law to administer oaths may take the affidavit of a voter of an absentee ballot and make the certificate required by Sec. 11473, but such officer is prohibited from soliciting the voter to vote for or against any candidate or proposition while such voter is before him.
67-50 Aug 9 ELECTIONS. Irregularities in application for absentee ballot and failure of county clerk to post list of applicants or of voters does not affect validity of ballot.
67-50 Nov 27 ELECTIONS.
COUNTY CLERKS.
CANVASSERS OF VOTES.
When two poll books of the same precinct are filed with the county clerk, then the poll book that has been properly signed by all the judges and clerks of the precinct shall be the poll book accepted by the county clerk, and the other poll book shall be disregarded. The fact that the poll book and tally sheets of a voting precinct show a greater number of votes cast than ballots issued is of no concern of the county clerk or his assistants, who constitute the board of canvassers. The county clerk shall issue certificates of elections to the respective county candidates having the highest number of votes as soon as the canvassers have mathematically determined the total vote cast for each candidate in the county.
67-50 Dec 5 OFFICERS.
FEES AND SALARIES.
County superintendent is entitled to full compensation until date of resignation, although he was out of the county most of each week, inasmuch as his compensation is an incident to and attaches to the office.
69-50 June 14 SCHOOLS.
TAXATION.
The tax books of a county should be set up by the county clerk extending the school taxes in accordance with the territory incorporated into each legally formed reorganized or enlarged school district, and the former school district numbers comprising said territory should be discontinued.
69-50 Aug 29 COUNTY LIBRARY DISTRICT. Authorized to purchase personal property necessary to the operation of the county library district; may purchase and operate Bookmobile. Title to Bookmobile would vest in the county library district, a corporate body.
69-50 Sept 21 CRIMINAL LAW.
DISTURBING THE PEACE.
The right of religious freedom may not be so construed to justify practices inconsistent with the good order, peace or safety of the state or with the rights of others. Whether the facts stated in your letter constitute a breach of the peace is a question of fact to be determined by all the evidence and circumstances.
70-50 June 30 Hon. Hugh Phillips WITHDRAWN
70-50 Sept 28 COUNTY HIGHWAY ENGINEER.
COUNTY SURVEYOR.
COUNTY COURTS.
County court in second, third and fourth class counties authorized to appoint county highway engineer. County court may, in their discretion, appoint the county surveyor as county highway engineer. County surveyor does not hold office as ex officio county highway engineer by virtue of holding office as county surveyor.
71-50 Jan 4 COMPTROLLER.
APPROPRIATIONS.
Comptroller should pay claims under appropriation for relief of county clerks although original claim accrued more than two years prior to presentation.
71-50 Mar 6 CRIMINAL COSTS. State liable for costs of proceedings in juvenile court only where defendant is convicted of offense for which only punishment is imprisonment in the penitentiary or death.
71-50 May 23 OFFICERS.
LEGISLATURE.
Person elected to fill vacancy in Legislature entitled to compensation from date of election.
71-50 Nov 16 ELECTIONS.
SHERIFFS.
At special election for sheriff candidates may be nominated by political committees or petitions; conventional ballot to be used; names of candidates must be published at least seven days before election; precinct judges and clerks to be same as at general election.
71-50 Nov 21 ELECTIONS.
SHERIFF.
Where sheriff dies within nine months preceding general election, successor is to be elected at such general election, and special election cannot be held.
71-50 Dec 22 Hon. E. L. Pigg WITHDRAWN
72-50 Mar 29 ELECTION BOARD. Assistant election commissioner properly appointed to position when the meeting attended by four members of election board, two voted in favor of such assistant, one voted against and one did not vote.
72-50 Apr 25 Hon. C. E. Presnell WITHDRAWN
72-50 Sept 26 LIBRARY.
STATE AID.
(a) The power and authority of St. Joseph, Missouri to levy a tax for public library purposes is governed by Laws of Missouri, 1945, page 1287, Section 1a. (b) Section 1a, Laws of Missouri, 1945, page 1287 authorizes the City Council of St. Joseph, Missouri to levy a maximum of three mills on the dollar for library purposes by a legal vote. (c) Figures presented do not comply with alternate standard (1), Laws of Missouri, 1945, page 1134.
73-50 Jan 5 DIVISION OF MENTAL DISEASES.
CONTRACT WITH MUNICIPALITIES FOR LABORATORY SERVICES.
The Division of Mental Diseases can enter into a contract with the City of St. Louis for the furnishing of laboratory and post-mortem services to the St. Louis State Hospital.
73-50 Jan 18 SHERIFFS.
STATE HOSPITALS FOR THE INSANE.
A county is not liable for the compensation of the sheriff for returning an insane person who escapes from a state hospital.
74-50 Jan 19 DRAINAGE DISTRICTS. Warrant bears interest from date of presentment and non-payment. Provision for interest from date non-effective.
74-50 Feb 1 COUNTY COURT. County Court cannot act as agent of individual in purchasing Federal Property.
75-50 June 21 Mr. James. T. Riley WITHDRAWN
75-50 Oct 2 SCHOOLS. Maximum compensation of secretary of school board of a town or city school district organized under Article 5, R.S. Mo. 1939, is $150.00 per year.
75-50 Oct 10 CORONER.
DEAD BODIES.
Coroner has no authority to order return of body for holding of inquest. No crime for removing a body from jurisdiction of coroner.
76-50 Mar 22 HEALTH CENTER.
TAXATION.
Public health centers tax approved on January 11, 1950, should be collected for the year 1950, based on assessment as of January 1, 1950.
76-50 July 18 Hon. Horace T. Robinson WITHDRAWN
76-50 July 20 Hon. Horace T. Robinson WITHDRAWN
77-50 Apr 6 Hon. Leo J. Rozier WITHDRAWN
78-50 Mar 17 Hon. Carl F. Sapp WITHDRAWN
78-50 Apr 19 GUARDIAN.
WARDS.
Guardian not authorized to invest minor ward’s funds in life insurance.
78-50 Oct 4 Hon. Carl F. Sapp WITHDRAWN
78-50 Nov 2 CENSUS.
CIRCUIT COURT REPORTERS.
For the purpose of determining the salary of a circuit court reporter, the 1950 decennial census of the United States becomes official on the date the announcement of the population of the area comprising a judicial circuit is made by the District Supervisor of the census within the area which comprises the judicial circuit.
78-50 Dec 19 LIQUOR.
ELECTIONS.
MUNICIPALITIES.
Qualified voters as used in the Liquor Control Act means registered voters in cities where registration is required.
81-50 Feb 1 FINANCE.
CORPORATIONS.
Provisions of Section 7973, R. S. Mo. 1939, to be complied with by banking corporations before Commissioner of Finance issues certificate of compliance thereunder.
81-50 Apr 18 BANKS – TRUST COMPANIES HOLDING REAL ESTATE. The Division of Finance may demand, under the terms of sub-section (2) of Sec. 7904, R.S. Mo. 1939, that banks or trust companies holding real estate contrary to Secs. 7951 & 8031, R.S. Mo. 1939, cease and desist from such practice. The Division has no power to compel such corporations to dispose of real estate unlawfully held by them. The State by the Attorney General alone may proceed in such cases.
81-50 Apr 20 BANKS.
USE OF FUNDS FOR LIFE INSURANCE.
A bank may not use its funds for the payment of insurance on the lives of persons who are not employees or officers of the bank, and in whose lives it has no insurable interest.
81-50 May 3 BANKS – HOLDING REAL ESTATE. Banks are authorized by the Constitution and statutes of Missouri to transact or permit the transacting of a safe deposit business in an adjoining room to the banking quarters, both being parts of one building, under their right to hold such real estate as is necessary and convenient to the transaction of their business, even though there is no inside entrance or door between the banking quarters and the room where the safe deposit business is transacted.
81-50 May 9 OFFICERS.
SPECIAL ROAD DISTRICTS.
MUNICIPAL CORPORATIONS.
Same person may hold office of city manager and special road district commissioner.
81-50 May 31 BANKS. State chartered banks and trust companies prohibited under Section 7953 and Section 8033, R. S. Mo. 1939, from employing moneys in purchasing lease agreements, without recourse, unless the same are taken as collateral security for a loan.
81-50 June 6 CORPORATIONS. Trust company may extend corporate existence although not engaged in trust business.
81-50 June 14 Hon. W. D. Settle WITHDRAWN
81-50 June 15 BRANCH BANKING. The making of loans, taking notes by another corporation, as agent for the bank; from the borrowers and made directly to a bank, some notes made to the other corporation and delivered to the bank without the endorsement of the other corporation, and servicing of all such notes, in a city other than the home city of the bank and in a building other than the banking house of the bank in its home city, constitute branch banking on the part of the bank.
81-50 June 29 TRAINING SCHOOL.
BOARD OF TRAINING SCHOOL.
Boy sentenced to twenty years in 1944 and committed to training school where he was paroled is still under jurisdiction of training school upon reaching twenty-one years of age.
81-50 July 6 COUNTY COURT.
COUNTY BUDGET.
County court has authority to transfer moneys from one item to another in Class 4 if found necessary and beneficial.
81-50 July 31 BANKS. Commissioner of Division of Finance not authorized to issue license to mutual savings bank organized in the state of New York to conduct its business in this state.
81-50 Aug 3 BANKS.
TRUST COMPANIES.
A trust company operating under Article 3, Chapter 39, R. S. Mo., 1939, may qualify as executor of an estate. Such trust company not required to make deposit of securities with Commissioner of Finance under Section 8068, Article 3, Chapter 39, R. S. Missouri, 1939, if it elects to qualify as such executor by giving bond as required by law for appointment of individuals as executors.
81-50 Sept 18 BANK HOLIDAYS. Bank holidays may be fixed by banking institutions in Missouri or changed after being fixed by the adoption at least 15 days in advance thereof, of a resolution to such effect by a majority vote of the Board of Directors thereof and posting notice thereof in the bank or trust company for the same time. Holiday must be on a certain day of each week of the year.
81-50 Oct 30 FINANCE RECORDS. No statutory authority exists authorizing Commissioner of the Division of Finance to dispose of records required to be maintained by Section 7884, R. S. Missouri, 1939, as amended, except as provided in House Substitute for House Bill No. 626, Laws of Missouri, 1945, page 1427.
83-50 June 30 Hon. Forrest Smith WITHDRAWN
83-50 July 13 SWAMP LANDS.
GOVERNOR OF MISSOURI.
The Governor may relinquish the title of the State of Missouri to swamp land which was sold by the United States Government after the passage of the law donating said lands to the State of Missouri when authorized so to do by the County Court of the county in which such land is located.
83-50 Sept 6 MISSOURI RURAL REHABILITATION CORPORATION. Dissolved corporation formed under provisions of Article 10, Chapter 32, R. S. Mo., 1939 may not be revived. Act of Legislature necessary to permit Missouri to apply for return of assets of Missouri Rural Rehabilitation Corp. held by Secretary of Agriculture.
83-50 Nov 24 SOCIAL SECURITY. The State may, under the provisions of the Constitution of this State, enter into an agreement with the Federal Government extending old age and survivor insurance benefits to employees of the State and employees of its political subdivisions in conformity with the Federal Social Security Act.
84-50 Mar 1 CRIMINAL PROCEDURE.
INDICTMENT AND INFORMATION.
Information drawn in language of Section 4456, R. S. Mo. 1939, charging larceny of money in excess of $30, will support conviction thereunder, if only special rather than general ownership of property is proved. If property subject to larceny be located in a place properly designated as a dwelling house, the charge may be laid under Section 4459, R. S. Missouri, 1939.
84-50 Apr 12 SCHOOLS.
HEALTH.
Division of Health authorized to provide educational instruction for children patients in tuberculosis hospital at Mt. Vernon; school district to provide special classes for crippled children if ten or more are found in district.
84-50 Aug 21 ELECTIONS. Alien wife of United States citizen not entitled to vote when not naturalized.
85-50 Oct 16 AGRICULTURE.
LICENSE FEES OF DAIRY PRODUCTS PLANT.
Dairy products manufacturing plant must pay an annual license fee based upon the annual butterfat purchased regardless of where the butterfat is purchased.
85-50 Dec 14 AGRICULTURE. Creamery indemnifying station operator for loss sustained by purchase of unlawful cream does not violate Missouri Dairy Law.
86-50 Jan 27 NOTARY PUBLIC. Commission cannot be dated back. No criminal liability for acting after expiration of commission.
86-50 June 7 SHERIFFS.
PROBATE COURT.
Oral direction to sheriff by probate judge sufficient to enable sheriff to charge fee for attendance at probate court.
86-50 July 13 Hon. J. L. Sturgis WITHDRAWN
86-50 July 20 DEPARTMENT OF AGRICULTURE.
DAIRY PRODUCTS.
Vegetable or animal fats may not be added to ice cream.
86-50 Nov 13 TRANSPORTATION OF BUILDINGS OR EQUIPMENT OVER STATE HIGHWAYS BY MOTOR VEHICLES.
SPECIAL PERMITS REQUIRED, WHEN.
Transportation of building by motor vehicle under Secs. 8599-8604, Mo. R.S.A., also requires special permit from Chief Engineer of St. Highway Dept. under Sec. 304.13, Senate Bill No. 1113. Transportation of equipment of contractor by motor vehicle requires such special permit.
87-50 July 17 SCHOOLS. Member of school board cannot contract with school district as being in violation of the public policy of the state.
87-50 Aug 7 SCHOOLS. School board meetings to be valid must be called by the president of the board.
87-50 Sept 25 ELECTIONS – EXPENSE ACCOUNT. Expense statements required by Section 11790, R.S.Mo. 1939, must be filed by every candidate after both the primary and general elections. Such statement after a primary election may be filed later than 30 days thereafter, but within a reasonable time before the general election.
88-50 Jan 24 AGRICULTURE.
COMMERCIAL FEED.
“Ground Grain Screenings” is a “Commercial Feeding-stuff” as defined by Section 14319, R. S. Missouri, 1939, and the Missouri Feed Law, Sections 14319 to 14333, is applicable.
88-50 Sept 18 SCHOOLS.
COUNTY TREASURER.
After organization of enlarged school districts is completed, county treasurer may transfer funds of common school districts to credit of enlarged districts without issuance of warrant by officers of common school districts.
88-50 Oct 18 LIENS.
VOCATIONAL REHABILITATION.
State-owned equipment used by person receiving vocational rehabilitation aid is not subject to a lien in favor of the owner of a building in which such equipment is used by the rehabilitation client.
89-50 Jan 23 MERGER OF CORPORATIONS.
INCIDENT TO MERGER.
TAXES.
A foreign corporation having absorbed a domestic corporation of this State by merger must pay the full privilege tax on its increased capital and surplus, if any, arising out of such merger, of such foreign corporation as is represented by the increased value of its property and business transacted in this State. Such corporation is not entitled to a credit on such tax or taxes paid by the domestic corporation upon its original incorporation.
89-50 Jan 30 ELECTIONS.
SCHOOLS.
Same persons may serve as judges of special referendum election and school election and same persons may serve as clerks of special referendum election and school election.
89-50 Feb 23 NEWSPAPERS. Secretary of State must determine political faith of newspapers for publication of notice of referendum election from facts available to him.
89-50 Mar 1 NEWSPAPERS. Selection of newspapers in City of St. Louis for referendum publication.
89-50 Mar 7 Mr. Walter H. Toberman WITHDRAWN
89-50 Apr 27 ELECTIONS.
POLITICAL PARTY.
Prohibition Party candidates entitled to be certified to county clerks.
89-50 Apr 27 ELECTIONS.
POLITICAL PARTY.
Declaration of candidates of “Christian Nationalist” Party insufficient because no evidence that such a party exists.
89-50 May 19 ELECTIONS.
POLITICAL PARTY.
Declaration of candidates of Christian Nationalist Party sufficient because evidence of existence of such party is sufficient.
89-50 June 2 INSANE PERSONS.
REASONABLE NOTICE OF PROCEEDINGS.
QUESTION OF FACT.
Reasonableness of written notice of insanity inquiry served upon alleged insane person prior to hearing as provided by Section 9336 Mo. R.S.A. 1939, a question of fact to be determined from circumstances of each individual case.
89-50 June 21 CENSUS. The 1950 decennial census of the United States becomes official insofar as the authority of the County Court to pay an assistant prosecuting attorney is concerned, on January 1, 1951.
89-50 Aug 18 ELECTIONS. Form of Judicial Ballot approved. Instructions to County Clerks and Boards of Election Commissioners approved.
89-50 Sept 5 CONSTITUTIONAL LAW.
ELECTIONS.
Section 29 (b), Article V, Constitution of Missouri, is not self-enforcing.
89-50 Sept 7 STATE FAIR. Commissioner of Agriculture may not lease fair grounds to United States from year to year for military purposes.
89-50 Sept 21 INSURANCE. Town Mutual Plate Glass Insurance Company may be formed under Sections 6203 and 6204, R. S. Missouri, 1939.
89-50 Nov 28 CORONERS.
PERPETUATION OF TESTIMONY.
Section 13247, R. S. Mo. 1939, (Sec. 58.54, R. S. Mo. 1949) does not authorize the payment of a stenographer by a county (third or fourth class) to take down the testimony at a coroner’s inquest. The coroner shall charge for taking down the testimony at an inquest as provided in said section and pay the money collected for so doing over to the county treasurer by the County court may provide in the County Budget for the expense of necessary stenographic service for and on behalf of the coroner at inquest.
89-50 Dec 15 OFFICERS.
GOVERNOR.
Governor shall commission all officers duly elected under the new charter of St. Louis County including county supervisor and councilmen.
89-50 Dec 21 SALE OF COUNTY PROPERTY.
MORTGAGE.
County Court has authority to convey real estate belonging to the county; has not authority to accept a note secured by a deed of trust from the purchaser to secure the unpaid balance of the purchase price.
91-50 Feb 24 ELECTIONS. Form of notice of special election approved.
91-50 July 31 SCHOOLS. Board of Curators has authority to continue to pay tuition for resident negro students when Lincoln University does not teach certain courses or subjects taught at University of Missouri.
92-50 Feb 24 Mr. Raymond H. Vogel WITHDRAWN
92-50 May 4 MUNICIPAL AIRPORTS.
CONDEMNATION.
An easement in the space above the land, not included within a municipal airport site, for removal of obstructions to air travel to and from the landing field, cannot be acquired by the municipality by the process of condemnation apart from an easement in the real estate itself but may be so acquired as an easement in the real estate.
92-50 June 9 MAGISTRATE CLERKS. A county is authorized to pay to the clerk of a magistrate court a sum in addition to the amount paid by the state.
93-50 Mar 28 ELECTIONS. Judges of special referendum election to be selected by County Court from lists of names submitted by the committees of the political parties.
93-50 May 26 CRIMINAL PROCEDURE. Court cannot require reporter or notary public to take deposition in behalf of indigent defendant without compensation.
93-50 Dec 12 RECORDER. Plats may be recorded by photostating in first-class counties.
94-50 Feb 28 BUILDING AND LOAN. Association may not have both an undivided profits and unallocated reserves account.
94-50 June 20 SAVINGS AND LOAN.
DISTRIBUTION OF MONEY DUE LIQUIDATED SAVINGS AND LOAN ASSOCIATIONS CONSISTING OF REFUNDS OF INSURANCE PREMIUMS GROWING OUT OF INSURANCE RATE LITIGATION IN UNITED STATES COURT.
Money found by United States Court in insurance rate litigation to be due to certain liquidated building and loan associations being in the nature of premium refunds cannot be distributed according to provisions of Section 82a of S.B. 65, 65th General Assembly but will be escheatable to State of Missouri as unclaimed by the unknown owners within five years of the ruling of the court finding said money to be due to said liquidated savings and loan associations.
95-50 Jan 27 CRIMINAL LAW.
VENUE.
Venue in a case of obtaining money under false pretenses lies in the County wherein the money is actually obtained. When checks are involved the money is obtained when the check is charged to the account of the drawer of said check, except when the said check is transmitted through the mails, in which case venue would lie in the County wherein the letter was mailed.
95-50 Feb 10 TAXATION. Property owned by Veterans’ organization exempt from taxation if used only for organization meetings, and not for social or other activities, and if organization is engaged in permanent, fixed projects of charitable nature.
95-50 Feb 16 ROADS AND BRIDGES. Cost of right of way for new road within special road district is borne either by petitioners for establishment of road or county, or both.
95-50 Feb 27 PROBATE COURTS. Persons signing administrator’s bond as attorney in fact for surety may act as appraiser of estate for inheritance tax purposes.
95-50 Apr 5 CRIMINAL LAW.
CHATTEL MORTGAGES.
Prosecution may be instituted under Section 4492 R.S. Mo. 1939 in county from which mortgaged personal property is fraudulently removed.
95-50 Oct 30 SPECIAL TOWNSHIP ROAD DISTRICTS.
REPORTS AND SETTLEMENT.
The commissioners of special road districts in counties under township organization shall make and file annually with the township board of directors a detailed report and settlement of all monies received and expended by them.
95-50 Dec 29 PROBATE JUDGES. Compensation of Probate Judge may be increased during term of office.
96-50 May 18 SCHOOLS.
OFFICERS.
FEES.
County superintendent who employed other counsel to represent him in a civil action not entitled to reimbursement for attorney fees.
96-50 May 18 GUARDIAN.
WARD.
Guardian not authorized to register Series E United States Savings Bonds purchased with minor ward’s funds as being jointly owned by minor ward and guardian. Such bonds should be registered in name of minor ward alone, with appropriate reference to legal guardianship.
96-50 July 20 SCHOOLS. Procedure for second plan of reorganization would be the same as used for the first plan; subsequent proposed plans of reorganization may include previously organized enlarged school districts.
96-50 Aug 31 COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS.
SALARY.
If the 1950 census shows a change in population of the county, then the salary of the county superintendent of public schools of such county will be changed in accordance with said census as of July 2, 1951.
97-50 Jan 3 CRIMINAL LAW. To sustain conviction of leaving scene of accident, defendant must have actual knowledge of the accident and injury to person or damage to property.
97-50 Jan 6 PROBATE COURT.
INSANE PERSONS.
The probate court cannot commit a person to a state hospital for the insane for observation after a hearing upon the sanity of a person.
97-50 Mar 14 SCHOOL ELECTIONS AND ELECTIONS. Clerks and judges of elections serving in dual capacity as clerks and judges for school election and special gas tax referendum election are entitled to compensation in same manner as though said election were conducted separately.
97-50 Mar 15 SUMMONS AND SHERIFFS. When a suitable person is designated to execute summons under the provisions of Section 28, Laws of Missouri 1945, pages 778 and 779, the summons may be directed to the sheriff or the person designated to execute the summons.
97-50 May 3 ASSAULT. The shooting and the subsequent striking over the head with a deadly weapon constitutes two separate offenses.
97-50 May 12 Hon. David W. Wilson WITHDRAWN
97-50 May 22 ROADS AND BRIDGES.
TAXATION.
Special road districts formed May 1, 1950 must vote special taxes authorized by Section 8529, Mo. R.S.A., before taxes may be collected for such district.
97-50 June 21 SCHOOL BUILDING AND EQUIPMENT. (1) The word equipment as used in Section 13, (S.B. 307) Laws Mo. 1947, Vol. 2, page 376 means whatever is necessary to equip a new central school building or any addition to a present building owned by the re-organized district for its use as an educational establishment. (2). School busses and school playground equipment would not be included in the definition of equipment because the same does not relate to the use of a school building or its efficient function. (3). Said Act does not contemplate leasing of a building for use as an educational establishment and therefore would not apply to the purchase of equipment for use in a leased school building.
97-50 Aug 9 ELECTIONS. No vote may be counted in primary for unopposed candidate unless X is placed before name. Marking off name of unopposed candidate does not invalidate ballot as to other offices.
97-50 Oct 13 RESTORATION OF RIGHTS OF CITIZENSHIP BY DISCHARGE FROM PAROLE. Person paroled by a circuit court when found guilty of penitentiary offense and thereafter discharged from parole, is restored thereby to rights of citizenship including the rights of suffrage.
97-50 Oct 17 ROADS AND BRIDGES.
BOUNDARY.
COUNTY.
Authority of County Court of Platte County to build and maintain roads on land formerly in Kansas and now in Missouri.
97-50 Nov 2 Hon. Homer F. Williams WITHDRAWN
97-50 Dec 22 STATE INHERITANCE TAXES PAID TO WHOM. Inheritance taxes to be paid by administrator to Director of Revenue less 2 1/2% to be paid to probate judge as fees. Judge to account and pay over such fees to Director of Revenue.