1951 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:  1950  |  1952  |  1953  |  1954  |  1955  |  1956  |  1957  |  1958  | 1959    

Opinion Date Topic Summary
1-51 Jan 8 INTANGIBLES TAX.
TAXATION.
Interest on intangible tax computed from date tax is due, which is date of filing return or March 15th where no return is filed.
1-51 Jan 22 PROBATE JUDGE. Newly elected Probate Judge not disqualified in case wherein he was executor in absence of an objection, in writing, verified by party in interest.
1-51 Feb 20 INTANGIBLE TAX.
TAXATION.
Compensation paid to the estate of a deceased partner for the use of tangible partnerships assets is not yield from an intangible and therefore not subject to the assessment of an intangible personal property tax.
1-51 Mar 2 TAXATION.
INCOME TAX.
In computing individual state income tax, taxes are allowable deductions only by the person upon whom they are imposed.
1-51 Sept 4 CONSTITUTIONAL LAW.
TAXATION OF INCOMES.
EXEMPTIONS UNDER HOUSE BILL NO. 104, TAXABLE WHEN.
House Bill No. 104, 66th General Assembly providing up to but not exceeding $3000 service pay received in any one calendar year exempt from state income tax for 1950, and each year thereafter, unconstitutional and void as to exemptions for 1950, violates Subsection 5, Section 39, Article III, Constitution of 1945.
1-51 Oct 8 ADJUTANT GENERAL.
SOLDIERS AND SAILORS.
Eligibility for Missouri World War I bonus determined as of date of consideration and ruling upon of claim, and not date of application.
1-51 Nov 21 WILLS.
PROBATE COURT.
ADMINISTRATOR WITH WILL ANNEXED.
Probated will should not be allowed. Will presented for probate too late under terms of Section 468.470, RSMo 1949.
4-51 June 8 ELECTIONS.
SCHOOL BONDS.
ABSENTEE BALLOTS.
Absentee ballots may be cast at special school bond elections.
4-51 Nov 1 Mr. Charles H. Baker WITHDRAWN
5-51 Jan 5 BONDS.
COLLECTOR OF REVENUE.
Attorneys may not be sureties on official bonds.
5-51 Feb 21 Hon. G. H. Bates WITHDRAWN
5-51 Mar 13 NON-INTOXICATING BEER. The Director of Revenue may not use a meter machine for the issuance of stamps for malt liquor and non-intoxicating beer.
5-51 Apr 18 SALES TAX.
TAXATION – SALES.
Liability of purchaser for state sales tax when sales contracts necessitate delivery of property outside Missouri.
5-51 Apr 30 SALES TAX.
TAXATION.
SALES.
Transaction in interstate commerce exempt from Missouri Retail Sales Act. Whether merchandise actually passed into interstate movement may properly be the subject of inquiry by the director of the Department of Revenue, and the burden rests with the taxpayer claiming exemption to prove the merchandise sold actually passed into interstate commerce.
5-51 May 7 COUNTY COLLECTOR.
COUNTY CLERK.
Fees allowed to county collector and county clerk for making delinquent land lists and back tax book. Accrual of fees to each office for each office for each year of delinquency.
5-51 June 12 CONSTITUTIONAL LAW.
COUNTIES.
CIRCUIT COURTS.
CHANGE OF VENUE.
Proviso in change of venue section applicable to counties of less than 75,000 is constitutional.
5-51 Dec 12 MOTOR VEHICLES. Registration of a truck when application is made January 1, 1952 should be for one year and an annual registration fee as provided in Section 301.060, RSMo 1949, should be collected.
6-51 Feb 6 INHERITANCE TAX.
PROSECUTING ATTORNEY.
Prosecuting Attorney not qualified to act as appraiser in fixing state inheritance taxes.
6-51 Nov 26 CORONER’S INQUEST.
“VIEW” PART OF “INQUEST:”
A “view” or “inquest” must be held where the person is “supposed to have come to his death by violence or casualty.” In order for the coroner to “view” a body there must be an “inquest.” Section 58.610, RSMo 1949, makes exception where some credible person declares under oath that the person came to his death by violence or crime; then the coroner, without a jury, shall view the body and declare the cause of death.
7-51 Jan 16 COUNTY COLLECTOR.
OFFICIAL BOND.
CONSTITUTIONAL LAW.
Amount of official bond of county collector to be based on largest total collection during any one month of year preceding election. Provision of section 52.020 RSMo 1949 classifying counties of less than 85,000 population into a class, invalid, being in violation of Article VI, Section 8 of Constitution adopted in 1945.
7-51 Apr 12 MAGISTRATES. The judge of the magistrate court does not have the power to make a retroactive order directing the sheriff to be present and attend the court for the days that he was present thereby entitling him to a fee.
7-51 Apr 20 CRIMINAL PROCEDURE. It would be permissible to join a felony and a misdemeanor in the same indictment or information.
10-51 Feb 21 COUNTY COURTS.
MUNICIPALITIES.
County Court of Pettis County is unauthorized to appropriate funds to the Sedalia Chamber of Commerce fund.
10-51 Feb 26 CORPORATIONS. Service of criminal process on a corporation must be made on the registered agent of the corporation.
10-51 Apr 13 ELECTION CONTESTS. Ballot boxes or packages may be opened for recount or correction only in cases of contested elections or other judicial proceedings specifically named in the Constitution.
10-51 Apr 23 SCHOOLS.
COUNTY TREASURER.
WARRANTS.
In school district lying in two counties school board cannot issue warrant directing county treasurer of one county to pay all district money to treasurer of other county.
11-51 Jan 5 COUNTIES ADOPTING TOWNSHIP ORGANIZATION.
COUNTY COLLECTOR OF REVENUE.
COUNTY TREASURER.
COUNTY ASSESSOR.
When a county adopts the township organization form of county government the county collector of revenue and the county assessor in office at the time when township organization becomes effective in said county, continue to hold their office until their respective terms expire as provided for in Section 14020, R. S. Mo. 1939. The County treasurer under such a situation continues to serve as county treasurer.
11-51 Apr 11 COUNTY COURT.
ROADS, VACATION OF.
Petition to vacate road must be publicly read on the first day of the regular term of court at which the petition is presented, and must be publicly read again on the first day of the next regular term. Notice of the filing of such petition must be personally served on persons residing in the district whose lands are crossed or touched by the road sought to be vacated in the same manner as other notices are required to be served.
11-51 Apr 24 TOWNSHIPS. Townships may anticipate revenue and issue warrants which warrants shall bear interest.
11-51 June 7 OFFICERS.
COUNTIES.
FEES AND SALARIES.
County treasurer of county adopting township organization to receive salary of not less than $100 per month. Receives no compensation as ex officio collector where county collector has portion of term of office remaining.
11-51 Sept 18 COUNTY WELFARE OFFICE.
COUNTY COURTS.
The county court is under no obligations to furnish quarters or give support to the county welfare office but may make contributions for the maintenance of such office.
14-51 June 25 SOCIAL SECURITY.
ST. LOUIS BOARD OF ELECTION COMMISSIONERS.
Members of the Board of Election Commissioners and its employees for the purpose of Senate Bill No. 3, would be covered by an agreement entered into between the City of St. Louis and the state agency extending the benefits of the federal old-age and survivors insurance to its employees.
14-51 Aug 29 GENERAL ASSEMBLY.
SENATORS.
REPRESENTATIVES.
LEGISLATIVE DISTRICTS.
Board of Election Commissioners of St. Louis City must redistrict senatorial and representative districts. Districts may have same boundaries as at present.
15-51 Mar 5 PENSIONS.
BLIND PENSIONS.
SOCIAL SECURITY.
House Bills 97 and 98, 66th General Assembly, relating to blind pensions, do not conflict with the Federal Social Security Act.
15-51 Apr 30 BLIND PENSIONS.
DIVISION OF WELFARE.
Construing House Bill No. 97 and House Bill No. 98, pending in the 66th General Assembly of the State of Missouri.
15-51 Aug 9 BLIND PENSIONS. Amount of payment under House Bill No. 97 and House Bill No. 98, passed by the 66th General Assembly.
17-51 Apr 10 PURCHASING AGENT.
PURCHASE OF PUBLIC PRINTING AND OTHER SUPPLIES.
State Purchasing Agent must follow procedure set out in Sections 34.170; 34.200; 34.210; 34.230, RSMo 1949, in purchasing all state printing. “Notice of Change of Purchase Order” not authorized therein cannot be used by him to effect increase or decrease of amount bid for printing or other supplies subsequently to execution of contract by successful bidder and Purchasing Agent. Upon successful completion, delivery and approval of printing or other supplies, bidder entitled to receive only amount of bid, and state not liable for any other sums.
18-51 Jan 8 NEPOTISM.
CIRCUIT CLERK.
Circuit clerk may appoint as his deputy the first cousin of his father-in-law without violating the nepotism law in this state.
18-51 Feb 26 BONDS.
COUNTIES.
COUNTY TREASURER.
County Court of Cedar County required to pay premium on surety bonds executed by the county treasurer and may not cancel said bonds unless the bonds contain a cancellation clause or for cause.
18-51 June 28 SCHOOLS.
ELECTIONS.
School district may vote to annex to city district when city has extended limits, even though district within period of two years had previously voted to annex to said city school district.
18-51 Aug 1 SCHOOLS. School buses upon which licenses have been issued free by the state cannot be leased by school district for purposes other than transportation of school children.
18-51 Sept 30 PURE SEED LAW.
PERMIT TO SELL SEED.
Commissioner of Agriculture has no authority to promulgate regulation requiring seed law violator to show cause why he should be issued a seedman’s permit for the following year.
18-51 Oct 22 ROADS AND BRIDGES, MAINTENANCE. The county court may exercise discretion when authorized to maintain a county bridge.
18-51 Dec 31 ASSESSORS.
OFFICERS.
COUNTY COURT.
FEES AND SALARIES.
County assessor in third and fourth class county may appoint and fix compensation of clerical or stenographic assistants as may be necessary for the efficient performance of the duties of his office. Certification must be made to the county court by the county assessor before warrant could be drawn for payment of assistants. Assessor appointing wife as assistant would forfeit office.
19-51 Jan 12 COUNTY BUDGET LAW AS IT AFFECTS JUVENILE COURT IN COUNTY OF THE FIRST CLASS. County budget officer in county of the first class may not change original estimate of the circuit court, and county court’s appropriation order must make appropriation in accordance therewith unless changed by consent of the circuit court.
19-51 Jan 22 Hon. James V. Conran WITHDRAWN
19-51 July 2 HEALTH.
TAXATION.
CONSTITUTIONAL LAW.
House Bill No. 307 relating to county public health centers is constitutional, and tax voted for when health centers were organized under former law can be levied. Health centers previously organized to continue under management and control of board of trustees as provided in House Bill No. 307.
19-51 Sept 18 FACSIMILE SIGNATURE. A facsimile signature when authorized by a party to an agreement is binding upon such party.
19-51 Nov 20 APPROPRIATIONS.
BI-STATE DEVELOPMENT AGENCY.
Sec. 4, S.B. 99, 65th General Assembly does not prohibit 66th General Assembly from passing appropriation act effective on or before December 31, 1951 for use of Bi-State Development Agency. Such appropriation may be lawfully obligated during fiscal period described in appropriation act.
19-51 Dec 3 APPROPRIATION.
BI-STATE DEVELOPMENT AGENCY.
Effective date of appropriation act determined by Section 1.130, RSMo 1949, Senate Bill No. 99 65th General Assembly may not be amended by an appropriation act.
20-51 Feb 13 COUNTY COURTS.
COURTHOUSES.
PROBATE COURTS.
MAGISTRATE COURTS.
County courts must furnish probate and magistrate courts adequate office and storage space, office furniture, equipment, appliances and supplies. County courts do not have authority to lease or permit the use of space in the county courthouse for private purposes.
20-51 Feb 28 DIRECTOR OF REVENUE.
MOTOR VEHICLES.
ATTORNEY GENERAL.
Director of Revenue may establish branch offices for administration of motor vehicle law, employ personnel and fix compensation. Employees to be paid out of state treasury. Motor vehicle owners, etc., shall pay only lawful fees for licenses. Gifts to employees for statutory services not favored by law. Attorney General cannot represent persons for recovery of excess license charges.
20-51 Mar 6 COURTS.
INSANE PERSONS.
Jurisdiction of probate court to entertain insanity inquiry under Section 458.020, RSMo 1949, depends on residence in the county of the alleged insane person and not his mere presence there.
20-51 May 4 Mr. Wilkie Cunnyngham WITHDRAWN
21-51 Apr 24 CRIMINAL PROCEDURE.
CERTIFICATION AND RETURN OF FEE BILLS BY MAGISTRATE IN CERTAIN MISDEMEANOR CASES.
Under Section 550.240, RSMo 1949, trial magistrate in every misdemeanor case where county liable for costs, must make out complete fee bill and return same and all papers in case to circuit or criminal court clerk of county as promptly as circumstances permit.
22-51 Feb 26 RECORDER OF DEEDS. When a chattel mortgage on a motor vehicle is recorded, the recorder of deeds should certify the fact on the certificate of title.
22-51 Aug 14 CIRCUIT CLERKS.
DEPUTIES.
THIRD CLASS COUNTIES.
(a) County Courts should continue to pay the salary of the duly elected, acting, and qualified circuit clerk, while clerk is in army; (b) County courts cannot deduct from the salary paid to a deputy circuit clerk; (c) County courts cannot deduct from the salary of the circuit clerk an increase in salary for a deputy, which increase was ordered by the circuit judge.
22-51 Dec 4 MAGISTRATE COURT JURORS. A clerk of a magistrate court is required by law to issue a scrip to a magistrate court juror for his services. The county treasurer is required to pay such scrip out of any money in the treasury appropriated for county expenses as in the case of payment of county warrants.
24-51 Jan 10 OFFICERS.
COURTS.
MAGISTRATES.
NOTARIES PUBLIC.
Probate judge and magistrate may also hold office of notary public, but is not entitled to receive compensation for any duties performed as notary public. Change in population of county changes salary of county officers effective January 1, 1951.
24-51 Apr 2 SURFACE WATER.
ROADS AND BRIDGES.
A landowner may, by the erection of a dam or embankment, keep surface water off of his land, provided he exercises reasonable care and prudence in accomplishing that object.
24-51 Apr 16 MUNICIPAL CORPORATION.
HOUSING AUTHORITY.
Agreement governing a general deposit of funds between a bank and housing authority is not invalidated because one of the commissioners is also an officer of the bank.
24-51 Apr 25 COUNTY COURTS.
POWER TO BORROW MONEY AGAINST FISCAL YEAR’S TAXES AND REVENUE.
County Courts of Class Two Counties may borrow against fiscal year’s taxes and revenues; have the discretion to advertise for bids concerning proposed borrowings; Section 50.060, RSMo 1949, is only statute allowing such borrowings; Section 50.660, RSMo 1949, has no connection with or bearing upon Section 50.060, supra.
24-51 May 3 COUNTY BUDGET.
COUNTY AUDIT.
COUNTY COURT.
County Court of Buchanan County not authorized to order county audit if cost for same is not included in County Budget and no emergency exists necessitating the audit to be ordered.
24-51 May 29 PLUMBERS. A person may be prosecuted for violation of a state law regulating plumbing even though he has obtained a permit to perform specific plumbing work under provisions of a city ordinance, if he violates such state law.
24-51 June 20 COUNTY COURT.
COLLECTOR.
BOND.
County Court of Buchanan County not authorized to budget and pay the premium on the County Collector’s bond for period greater than the current year. Not authorized to bind subsequent courts by paying premiums a year or years in advance of the current year.
24-51 July 2 MAGISTRATE COURTS. In a misdemeanor case pending before a magistrate court, the State, through the prosecuting attorney, is entitled to file a motion to disqualify the magistrate on the ground of prejudice against the State.
24-51 Sept 15 RECORDER OF DEEDS. It is not mandatory that recorder of deeds file a bill of sale (1) when it has neither been acknowledged nor witnessed nor (2) when it has been witnessed but not acknowledged. It is mandatory that the recorder of deeds record a bill of sale which has been proved or acknowledged according to law.
24-51 Oct 25 DRAINAGE DISTRICTS, MAINTENANCE TAX. A drainage district does not lose its authority to levy and collect a maintenance tax by reason of its failure to function for a period of years.
24-51 Oct 25 SOCIAL SECURITY.
SCHOOLS.
COUNTY SUPERINTENDENT OF SCHOOLS.
The clerical assistant to the county superintendent of public schools is an employee of the county and social security deductions and matching payments shall be made by the county when the county participates in social security under Senate Bill No. 3.
24-51 Oct 25 SOCIAL SECURITY.
COUNTY FARM BUREAU.
The employees of the County Farm Bureau are not county employees under the provisions of Senate Bill No. 3, the County Farm Bureau being an instrumentality.
25-51 Apr 25 LABOR. Employees of a nursing home or “rest haven” does not fall within Section 290.040, RSMo 1949, Hours of labor of female employees.
25-51 July 25 WOMEN.
LABOR.
INDUSTRIAL INSPECTION.
HOURS OF WORK.
Nurses employed by manufacturing and mercantile establishments not within provisions of statute relating to maximum hours of work by women.
26-51 Feb 7 OATHS.
ELECTIONS.
Notaries public, Commissioners of deeds, army officer above rank of lieutenant, naval officer above rank of ensign and Kansas City election officials are officers “authorized by law to administer oaths.
26-51 Sept 17 FOUR QUESTIONS: SALE OF CONVICT MADE GOODS, WARES AND MERCHANDISE. Convicts cannot legally enter into contact with third persons, for the purchase of convict made goods, wares or merchandise, made on their own time, using their own materials, purchased with their own funds.
27-51 Mar 21 TAXATION.
PROPERTY CLASSIFICATION.
Billboard annexes to land presumably under lease agreement between billboard owner and landowner, with right of removal ordinarily reserved in lessee at end of term, in absence of intention of parties to contrary; billboard does not become part of, or any interest in land, and for tax purposes under Sec. 137.010, RSMo 1949, should be classified as tangible personal property and not as real property. Corporation owned bill board to be assessed in county where billboard is situated under Sec. 137.095. If individually owned to be assessed in county of owner’s residence, under Sec. 137.090.
27-51 Mar 30 Hon. Clarence Evans WITHDRAWN
27-51 Sept 6 STATE TAX COMMISSION. The State Tax Commission is without authority to reassess real estate or to abate taxes on property which was duly assessed on January 1, 1951, and which, subsequent to that date, suffered a reduction in value due to floods in June and July of 1951.
30-51 Mar 22 CRIMINAL LAW. The state may take depositions in criminal cases under Art. I, Section 18(b), Constitution 1945, when it is not necessary to pay traveling expenses of defendant and his counsel. State may not take same if it is necessary to pay said traveling expenses until the Legislature makes provisions therefor.
30-51 Nov 7 PROSECUTING ATTORNEYS.
MAGISTRATE COURTS.
Prosecuting attorney entitled to five dollars upon conviction of a misdemeanor in magistrate court, which is to be assessed as costs against the defendant.
30-51 Nov 29 SCHOOLS. Board of Regents of Northwest Missouri State College authorized to make settlement for damages incurred to college property and receive payment of money resulting from said settlement.
31-51 Apr 27 Hon. Robert H. Frost WITHDRAWN
31-51 June 22 CIRCUIT CLERK.
MILEAGE FEES.
County Court cannot legally pay Circuit Clerk mileage from the county seat, Carthage, Missouri to Joplin, Missouri, when he attends court being held at Joplin, Missouri.
32-51 Apr 5 COUNTY TREASURER.
COST IN CRIMINAL CASES.
FEES.
County treasurer to turn over to state treasury or county revenue fund all uncalled for fees at the end of the next term of court following receipt of the criminal cost fee bills.
33-51 Mar 19 PUBLIC SERVICE COMMISSION.
CERTIFICATE OF CONVENIENCE AND NECESSITY.
A certificate of convenience and necessity is prerequisite for one to operate as a motor carrier of passengers for hire; “taxicabs” operating within “suburban territory” exempt.
33-51 May 18 ADMINISTRATION.
INHERITANCE TAX REFUNDS, PROCEDURE.
STATUTE OF LIMITATIONS.
Arkansas Court judgment obtained by Missouri executor binding; court lacked jurisdiction of inheritance tax matters under Missouri statutes. Such jurisdiction in Probate Court of Livingston County, Mo., where administration was pending. Court could find erroneous tax payment under Sec. 145.150 but lacks power to order State Treasurer to make refund. Refunds to be certified by Director of Revenue under Sec. 145.250. Right to refund accrued when it was settled by probate court tax was erroneous. Statute of Limitations runs from such time.
33-51 Aug 7 PROSECUTING ATTORNEYS. Prosecuting Attorneys may be reimbursed for actual and necessary traveling expenses in the investigation of crimes and the county court has authority to pay such expenses.
33-51 Aug 23 INHERITANCE TAXES.
APPRAISERS.
No Missouri statutes require inheritance tax appraisers to accept inventory-appraisal as sole proof of value of estate property for tax purposes. He may subpoena witnesses, require production of books, records, documents, papers and all other available material evidence by which to ascertain value of such property and base appraisement thereon.
33-51 Oct 10 SHERIFFS.
COUNTY COURT.
Sheriffs of class two counties are required to purchase supplies in accordance with Sections 50.760 to 50.790, inclusive, RSMo 1949.
33-51 Oct 19 COUNTIES.
HOSPITALS.
Trustees operating county public hospital established under Section 205.160, RSMo 1949, authorized to anticipate special current tax levy for purpose of paying superintendent of hospital and county court in third and fourth class counties is required to issue warrants therefor on the county hospital fund.
33-51 Nov 27 SCHOOLS.
TAXATION.
Where there has been a failure to extend on the regular tax book for the use of the county collector a school tax levy legally authorized the county clerk must prepare a supplemental tax book with said tax extended thereon so that the same may be collected.
35-51 Mar 14 COUNTY CLERKS. County Clerks in third class counties may retain fees collected under Section 51.400, RSMo 1949, in addition to their salaries and do not have to account for same, but cannot retain fees collected under Section 51.410, RSMo 1949, which fees are to be accounted for and paid over forthwith to the County Treasury.
35-51 Aug 8 SENATE BILL NO. 38. Senate Bill No. 38 of the 66th General Assembly of Missouri shall take effect and be in force on and after the 9th day of October, 1951.
35-51 Oct 8 CORONERS. Witnesses appearing at coroner’s inquest entitled to be aided by counsel but witnesses and their counsel not authorized to cross examine other witnesses.
35-51 Oct 26 Hon. Philip A. Grimes WITHDRAWN
35-51 Nov. 19 Hon. Philip A. Grimes WITHDRAWN
37-51 Jan 29 COUNTY TREASURERS. The office of city attorney in a third class city when the duties of that office are limited by city ordinance to the prosecution of cases in police court is not incompatible with the office of county treasurer in a third class county.
37-51 Feb 28 APPROPRIATIONS.
STATE COUNCIL OF DEFENSE.
Appropriation to Council of Defense to be expended by council acting in a body in its official capacity. Division of Civil Defense cannot expend balance of appropriation to State Council of Defense.
37-51 Mar 12 Mr. Morran D. Harris WITHDRAWN
37-51 Mar 16 COUNTY COURT.
LICENSE.
County court in third class county has discretion to refuse to issue license to keepers of billiard tables.
37-51 Mar 22 CHANGE OF NAME.
VITAL STATISTICS.
A court order changing the name of a father does not automatically change the name of his children and may not be accepted by the Bureau of Vital Statistics as sole basis for amending birth records of such children.
37-51 May 8 MOTOR VEHICLES.
CERTIFICATE OF TITLE.
A person selling in Missouri, a motor vehicle not registered under the laws of this state, to which motor vehicle the seller passes to the buyer no evidences of title, does not violate sub-section 4 of Section 301.210, RSMo 1949.
37-51 May 15 BASTARDS.
CHANGE OF NAME.
A court order changing the name of the mother of an illegitimate child in no way affects the surname of such child.
37-51 June 8 Hon. David E. Harrison WITHDRAWN
37-51 June 15 Hon. C. D. Hamilton WITHDRAWN
37-51 July 13 SCHOOLS.
ELECTIONS.
In election to vote on forming enlarged school district County Board of Education may designate one or more voting places. Majority vote of members of board of directors of receiving school district is all that is required to complete annexation of an adjoining district wherein the voters have voted for said annexation.
37-51 July 30 LOTTERY. Scheme whereby coupons are distributed by merchants with purchase, said coupons varying in prize value proportionally to the amount of purchase and drawing held with prizes awarded constitutes a lottery. Distribution of some free coupons without purchases does not make scheme any the less a lottery.
37-51 July 31 CIVIL DEFENSE. State agency may enter into federal matching fund agreement on behalf of a local political subdivision.
37-51 Aug 7 APPOINTMENT OF ATTORNEY FOR COUNTY COURT DRAINAGE DISTRICT. Duties of prosecuting attorney and of attorney for county court drainage district incompatible. Authority of county court to supervise and control county court drainage district is broad enough to permit it to terminate employment of attorney for drainage district appointed by preceding county court.
37-51 Sept 17 COUNTY TUBERCULOSIS HOSPITAL. No responsibility accrues to the State of Missouri for the care of patients in a County Tuberculosis Hospital if such hospital is closed; such patients may be admitted to the Missouri State Sanatorium only upon a county order.
37-51 Oct 11 MOTOR VEHICLES.
HIGHWAYS.
Trucks bearing advertising signs without the written permission of the State Highway Commission, and parked on the shoulder of a highway, do not violate Section 227.220, RSMo 1949.
37-51 Oct 22 HOTELS. Each room in an apartment hotel is a guest room and should be counted separately for licensing purposes.
37-51 Nov 13 COUNTY HOSPITALS.
DONATIONS.
A county may accept title to a building and to equipment which building and equipment provide “hospital and clinic facilities,” said property to be operated by the board of trustees of the county hospital in that county and to be a part of said hospital.
39-51 Apr 12 SCHOOL DISTRICTS.
ELECTIONS.
Proceedings as prescribed by statute for consolidation of school districts must be substantially complied with. Common school districts in annexation election cannot vote to annex to either one or the other of two consolidated districts at the same election.
39-51 July 18 MINORS. The word “minor” used in Section 563.160, RSMo 1949, to receive definition set forth in Section 457.010, RSMo 1949. “Minor” is person under 21 years of age.
39-51 July 26 PUBLIC BUILDING. Bus station is public building within meaning of Sections 320.070 and 320.080.
39-51 Sept 25 SCHOOLS.
CONSTITUTIONAL LAW.
Under Section 23, Article VI of the Constitution, a school district cannot make a personal loan to a private individual.
39-51 Oct 4 MAGISTRATE COURT JURORS. The compensation of magistrate court jurors is fixed by Section 499.090 and 499.100, RSMo 1949, and this compensation fixed by said sections is to be paid in both civil and misdemeanor cases.
40-51 Feb 5 MUNICIPAL CORPORATIONS.
CONSTITUTIONAL LAW.
ELECTIONS.
Under Article VIII, Section 5, Constitution of Missouri, registration of voters can only be provided by for state statutes, and not city ordinances.
40-51 Mar 6 MOTOR VEHICLE FUEL TAX.
TAXATION.
Claimant of motor vehicle fuel tax refund must declare to the seller at time of purchase his intention to use motor fuel for purposes other than propelling of motor vehicles upon the public highways of this state and declare his intention to claim a refund of the tax paid as a part of the purchase price of the fuel. All applications for refunds under section 142.230, RSMo 1949, must be filed with the collector of revenue within 120 days of the date of purchase, as shown on the original invoice or sales slip.
40-51 Oct 10 COUNTY LIBRARY DISTRICT. A library building and lot is owned by the county library district; library funds may be used to redecorate a building the library district rents.
41-51 Feb 7 INTOXICATING LIQUOR. Missouri law does not prohibit the sale of intoxicants to persons who have formally been adjudged to be mentally incompetent.
41-51 May 17 BOARD OF POLICE COMMISSIONERS (ST. LOUIS). Under the Missouri Statutes the St. Louis Board of Police Commissioners may employ policewomen with the same duties, powers and privileges as policemen.
41-51 June 12 TAXES OF SERVICE MEN. A member of the armed forces stationed in Missouri, but maintains residence elsewhere, is not subject to the payment of a tax on personal property in this state.
41-51 June 13 MERCHANTS’ TAX. The county collector is authorized to institute suit and prosecute the same against a merchant who fails to file the statement required in Section 150.050, RSMo 1949.
41-51 July 20 Hon. W. H. Holmes WITHDRAWN
41-51 Aug 7 BONDS.
SCHOOL DISTRICTS.
Bonds issued by Frankford School District for payment of general expenses of the school district are eligible for registration.
41-51 Aug 28 SOCIAL SECURITY.
COUNTY BUDGET LAW.
County contribution imposed by Senate Bill No. 3 is included in the 1951 budget and is payable from class 4.
41-51 Oct 2 COUNTY TREASURERS.
INTANGIBLE TAX FORMS.
Intangible tax forms must be furnished by the State Director of Revenue to all county treasurers in third and fourth class counties in this state.
41-51 Nov 5 BOND ELECTIONS. It is not necessary that the name of the county and state be included in the notice of the place of a special bond election if the notice names a locally well-known place for holding such election.
41-51 Nov 21 REAL ESTATE BROKERAGE BUSINESS LICENSE.
NONLICENSED COPARTNER MAY BE IN SUCH BUSINESS.
COPARTNER MAY SHARE IN PROFITS OF BUSINESS.
Copartnership real estate brokerage business may be licensed when one of the copartners does not hold real estate broker’s license. Where he does not actively participate in such business, such copartner may share in profits of such business.
42-51 Mar 13 ROADS AND BRIDGES.
MANDAMUS NOT PROPER REMEDY TO COMPEL RECONSTRUCTION OF BRIDGES, WHEN.
Where bridges adjudged sufficient and become part of road system of the county under Sec. 242.350 RSMo 1949, are subsequently destroyed, authority having charge of bridges cannot be compelled by mandamus to reconstruct bridges, since such authority is allowed discretion under this section.
42-51 Mar 19 Members of the House of Representatives WITHDRAWN
42-51 June 6 CONSTITUTIONAL LAW. The legislature may authorize a county court to increase the tax levy for hospital purposes without a two-thirds vote of the people as provided by Section 11(c), Article X, Constitution of Missouri.
42-51 Oct 9 PUBLIC ADMINISTRATORS.
PROBATE COURT.
Public Administrator, upon re-election, must furnish new bond to qualify. Bond of prior term remains in force and effect until new bond is furnished.
43-51 Jan 31 ABSENTEE BALLOTS. An absentee ballot may be cast in a school reorganization election. It is the duty of the County Board of Education to supply ballots in a school reorganization election.
43-51 Jan 31 BONDS.
OFFICERS.
CIRCUIT CLERKS.
RECORDER OF DEEDS.
In counties of fourth class circuit clerk an ex officio recorder of deeds must give two separate and distinct bonds and cannot give one bond conditioned upon the faithful performance of his duties in both offices.
43-51 Feb 2 OFFICERS.
RECORDER OF DEEDS.
FEES AND SALARIES.
Recorder of deeds can refuse to record instrument until recording fee is paid.
45-51 Apr 12 PUBLIC HEALTH AND WELFARE.
STATE HIGHWAY DEPARTMENT.
Director of Department of Public Health and Welfare may convey land of said department to State Highway Department for right-of-way purposes.
46-51 Jan 22 COUNTY ASSESSOR.
COUNTY CLERK.
ASSESSOR.
County Clerk may permit assessor to hire stenographic help in fourth class county; County Court not authorized to pay compensation for deputy assessor or clerical hire. County Clerk not authorized to alter assessor’s books on his own initiative when assessor certified his books to the county court.
46-51 Sept 25 COUNTY BOARD OF EDUCATION EMPLOYMENT OF ATTORNEY. County board of education has no authority to employ attorney to advise board with reference to preparation and submission to voters of plan for reorganization of school districts.
48-51 July 17 COUNTY COURTS.
TOWNSHIP ORGANIZATION.
SPECIAL ROAD DISTRICTS.
The county court may in its discretion allow or deny petition for incorporation of special road district in county under township organization. County court’s exercise of discretion is exercise of legislative instead of judicial power. Not necessary to divide entire county into special road districts. Special road district entitled to receive only those tools and machinery regularly used heretofore in maintaining roads now in the district.
49-51 Jan 4 PROSECUTING ATTORNEYS.
FEES.
CHANGE OF VENUE.
Prosecuting attorney of county from which change of venue is taken should be remitted conviction fee.
49-51 Jan 30 PUBLIC FUNDS. A custodian of public funds is liable as an insurer for any loss thereof.
49-51 Feb 1 SCHOOLS. Reorganization plan submitted by Greene County Board of Education and approved by the State Board of Education to combine Ritter and Springfield School Districts is valid.
49-51 May 18 MOTOR CARRIERS. A motor carrier, using the public highways for the purpose of transporting automobiles in interstate commerce under permit from the Public Service Commission, is not permitted to haul farm products over the public roads of the state without obtaining a permit for that purpose also.
49-51 Sept 10 MERCHANTS’ TAX AND LICENSE. A merchant doing business in more than one county must obtain a license and pay an ad valorem tax in each county.
49-51 Nov 23 COUNTY COLLECTOR.
TAX LIEN.
Realty may not be held for taxes on improvements separate from the realty and so assessed.
49-51 Nov 28 REVENUE LAWS.
MAGISTRATE COURTS.
Suits to collect taxes, which suits are based upon revenue laws of this state, may be heard and determined in magistrate court if the meaning, validity and application of such law or laws is not an issue in the case, so long as the total amount sued for does not exceed the jurisdiction of the magistrate court.
51-51 Mar 15 Hon. James G. Lauderdale WITHDRAWN
51-51 May 22 SENATORIAL REDISTRICTING COMMISSION. The commission must file its report not later than July 19, 1951.
52-51 Apr 2 INSURANCE. Section 379.255 and Section 379.080, RSMo 1949 to be read together. Mutual and stock companies comprehended in said sections are permitted to invest assets in loans secured by real estate or personal property as collateral, after first investing in prime securities named in Section 379.080, RSMo 1949, in an amount required to meet paid-up capital in stock companies.
52-51 Nov 14 Hon. C. Lawrence Leggett WITHDRAWN
54-51 Mar 12 SOIL CONSERVATION DISTRICTS. Each elected member of the Board of Supervisors for each Soil Conservation District must be Elected for a term of two years.
54-51 Apr 26 MOTOR VEHICLES.
HIGHWAY PATROL.
Trailers not subject to staggered registration provisions, nor subject to penalty fee for delinquent registration. Registration fee of $3.00 cannot be prorated.
54-51 Nov 26 OFFICER.
MUNICIPALITIES.
Marshal of city of third class may be removed under Section 77.340, RSMo 1949, even in absence of ordinance.
57-51 Nov 15 DEPUTY SHERIFF.
DEPUTY CIRCUIT CLERKS.
COUNTY BUDGET LAW.
(1) A circuit judge has the power, at any time, to make an order increasing the salary of a deputy sheriff and/or a deputy circuit clerk; (2) A county court is obligated to pay salary increases of deputy sheriffs and/or deputy circuit clerks ordered by a circuit judge; (3) A county court is obligated to issue warrants covering such salary increases even though there is not money immediately available for such purpose; (4) Warrants issued to deputy sheriffs and/or deputy circuit clerks will be protested if there are no funds available with which to pay them; (5) A county court would not be justified in refusing to pay a salary increase ordered by a circuit judge; (6) A circuit judge may not make an order for a salary increase of a deputy circuit clerk which is retroactive.
58-51 July 11 TAXATION.
INTANGIBLE PERSONAL PROPERTY.
Postal Savings accounts not obligations of United States; not exempt from state taxation under Section 742, Title 31, U. S. C. A. Ownership or beneficial interest of such an account taxable as intangible personal property, classified as “money on deposit,” and tax to be measured by yield or income of account under Section 146.010, RSMo 1949.
59-51 Mar 8 CORONERS. The compensation of coroners in second class counties is confined exclusively to the annual salary of $2,000.00 fixed by Section 58.090, RSMo 1949.
59-51 June 22 SHERIFFS.
MOTOR VEHICLES.
Motor vehicles owned by the sheriff of a second class county and used by him and his deputies exclusively in the transaction of his official duties, should be assessed against him personally, after which he is personally liable for the taxes thereon.
59-51 Oct 8 WITNESSES.
COMPLAINT.
PRELIMINARY EXAMINATION.
The names of witnesses need not be endorsed upon the complaint used as the basis of a preliminary examination in a felony case.
59-51 Oct 9 TAXATION.
DELINQUENT TAX BILLS.
The penalty on a delinquent tax bill is due and payable without previous notice to the taxpayer and begins to run on the first day of January.
59-51 Oct 18 COUNTY.
PAUPER.
Sole responsibility of the county to support poor inhabitants of said county. County cannot legally require such persons to turn over small pension or retirement grants.
59-51 Oct 31 LIVESTOCK.
UNFENCED LAND.
OPEN RANGE TERRITORY.
United States of America not required to fence wild life refuge located in open range territory to keep ranging cattle from ranging or grazing within the boundaries of the refuge.
60-51 June 29 Dr. C. W. Meinershagen WITHDRAWN
62-51 Sept 17 COUNTY ASSESSOR. A county assessor who has failed to make a real property list within the time and manner prescribed by law cannot subsequently make such a list and receive compensation therefor.
63-51 Feb 6 INHERITANCE TAX.
PROSECUTING ATTORNEY.
Prosecuting Attorney not qualified to act as appraiser in fixing state inheritance taxes.
63-51 Feb 28 MUNICIPAL AIRPORTS. If the State of Missouri acquires the Jefferson City Memorial Airport under the provision of the proposed law the State will take the property subject to the existing ninety-nine year lease.
63-51 Mar 1 COUNTY OFFICERS.
PAYMENT OF FEES TO.
WHEN.
County clerk of third class county entitled to fees for tax extensions in 1947-48; may subsequently request payment of county’s part; fees are fixed by legislature and are automatically in budget by operation of law. Fees may be paid in subsequent years from available funds of county though item not actually included in budget for year in which payment is to be made.
63-51 May 10 SCHOOLS. Two vacancies in a city, town, consolidated, or reorganized school district shall be filled by appointment by the county superintendent of schools; two vacancies in a county school board shall be filled by the remaining members.
63-51 July 25 SHERIFFS.
COUNTY COURT.
County Court authorized to pay sheriff mileage expense incurred in criminal case at the end of each month.
63-51 Sept 6 JAIL BREAKING.
CITY ORDINANCE.
A city ordinance is not a penal statute, and, therefore, a person may not be tried for violating Section 557.390, RSMo 1949, when he escapes after being arrested by the city police and lodged in the city jail for a violation of a city ordinance.
63-51 Sept 20 MOTOR VEHICLES.
LICENSES.
MISDEMEANORS.
REGISTRATION.
CRIMINAL LAW.
When person operating motor vehicle on the highways of the state makes a delinquent registration, he is subject to penalty fee of $2.00 and is also guilty of misdemeanor under Section 301.440, RSMo 1949.
63-51 Dec 10 INTOXICATING LIQUOR. Section 311.290, RSMo 1949, does not prohibit the sale of intoxicating liquors on election days concerning the Production and Marketing Administration.
64-51 Feb 19 COUNTY OFFICERS. The compensation of a county officer cannot be increased during his term of office.
64-51 Mar 22 INHERITANCE TAXES.
EXPENDITURES FOR LEGAL SERVICES A DEDUCTION AGAINST, WHEN.
Under Sec. 465.100 RSMo 1949, reasonable value of necessary legal services furnished to the administrator to be allowed; are administration expenses and deductible against inheritance taxes. Also reasonable value of services of additional attorneys secured by heirs to assist administrator’s attorney where such services were necessary and beneficial to estate to be allowed and paid from estate funds; are administration expenses, and deductible against inheritance taxes.
64-51 May 16 SCHOOL DISTRICTS.
ANNEXATION.
Portion of a consolidated school district may be annexed to another district after a vote of the voters of the whole of the district sought to be annexed favoring the release of the portion sought to be annexed and after acceptance by the school board of the proposed annexed district.
65-51 Feb 23 HOSPITALS.
COUNTY MEMORIAL.
HEALTH.
In order to qualify for State financial aid a County Memorial Hospital must be operated by the county and an amount equivalent to the sum of money sought in aid must be expended.
65-51 Mar 19 Mr. Charles E. Murrell, Jr. WITHDRAWN
65-51 May 4 SCHOOLS. Action in mandamus is proper procedure to enforce payment of a judgment obtained against a school district.
65-51 Nov 19 COUNTY ROAD.
REPAIR A “USE” OF ROAD.
Repair of county roads is “use” under Sec. 392.080, RSMo 1949, authorizing construction and maintenance of telephone and telegraph lines along public roads in such manner as not to incommode the public in the use of such roads. Telephone wires preventing grading of shoulders may be obstructions as much as if placed in traveled portion of roads and may incommode public in use of roads. May be public nuisances, and enjoined as such.
66-51 Mar 13 LIABILITY.
BAIL BONDS.
Sureties on bail bond conditioned for the appearance of defendant in court in a criminal proceeding at a given time are discharged from the obligations of the bond because of the fact that principal is confined in the State Penitentiary of Missouri, having been prosecuted and convicted of a second and different offense before date for appearance in accordance with provisions of the bond.
67-51 Feb 1 LABOR. Federal Fair Labor Standards Act of 1938 does not apply to workers employed by a county.
67-51 Apr 26 SCHOOLS. Teacher cannot serve as secretary of consolidated school district.
67-51 June 29 LOTTERIES. A newspaper subscription contest, containing the elements of consideration, chance, and prize, is a lottery.
67-51 Oct 3 SHERIFF, MILEAGE. The sheriff is entitled to mileage at the rate of ten cents per mile for taking a patient to a state hospital.
67-51 Oct 16 COUNTY BUDGET.
DEPUTY SHERIFFS.
County court cannot pay salaries of deputy sheriffs out of class two funds of county budget.
68-51 Jan 25 ELECTIONS. Parolees under Section 549.170, R.S. Mo. 1949, and persons discharged by certificate under Section 217.370, R.S. Mo. 1949, entitled to vote in Missouri.
68-51 Oct 23 CONSERVATION COMMISSION.
FISH AND GAME.
CRIMINAL LAW.
Anyone operating a devise consisting of gas motor operating a generator producing electric current connected to submerged wires injuring or killing fish is not subject to prosecution under Section 252.220, RSMo 1949.
68-51 Nov 27 COUNTY ASSESSOR.
CLERICAL HELP.
The county assessor under House Bill No. 70, 66th General Assembly, is authorized to expend for clerical help as much as six hundred dollars ($600.00) during the calendar year of 1951.
69-51 Jan 2 SCHOOLS. Person who has contracted to transport school children to and from school not excused from supplying said transportation due to bad weather conditions.
69-51 Mar 20 PROSECUTING ATTORNEY.
INTERMEDIATE REFORMATORY.
Must comply with section 217.170 requiring certain information be furnished superintendent of intermediate reformatory regarding prisoner delivered for confinement therein.
70-51 Jan 11 SENATE.
LEGISLATURE.
ELECTIONS.
COMPTROLLER.
COMPENSATION.
When Senator-elect has been seated by State Senate, he is entitled to salary of such office.
71-51 Apr 3 CONSTITUTIONAL LAW.
MEDIATION, BOARD OF COMPTROLLER.
ATTORNEY GENERAL.
When Attorney General holds an act unconstitutional, the salary and expenses of officers acting thereunder should not be paid after the date the opinion is issued.
71-51 May 7 SCHOOLS. Oral promise made by two of three member school board to pay bonus to teachers invalid and unenforceable.
71-51 June 16 CRIMINAL COSTS.
MUNICIPALITY.
City of St. Louis entitled to be reimbursed by the state the actual cost for board of prisoners in the city jail pending trial for certain offenses.
71-51 July 5 SOCIAL SECURITY.
STATE AGENCY.
The state agency has no authority under Senate Bill No. 3 to exclude from coverage services of an emergency nature.
71-51 Sept 10 SALES TAX.
TAXATION.
It is not necessary for public schools supported solely by public funds to charge a sales tax to persons purchasing tickets of admission to school sponsored athletic events, plays and entertainments.
71-51 Sept 11 SOCIAL SECURITY.
UNIVERSITY EMPLOYEES.
Employees of State Universities are employees of the State and the State Comptroller as state agency under SCSSB No. 3, is authorized to accept social security contributions from funds held by State Universities under provisions of Section 33.080, RSMo 1949, for university employees paid from those funds.
71-51 Oct 10 SOCIAL SECURITY.
OFFICIAL COURT REPORTERS.
A circuit court reporter is an employee of each of the counties comprising his circuit and in the event the county has accepted the social security law it shall pay social security deductions upon the amount it pays the reporter.
71-51 Nov 20 SOCIAL SECURITY.
OFFICIAL COURT REPORTER.
The County Treasurer should deduct social security contributions when he pays the official court reporter.
71-51 Nov 27 JUDICIARY.
RETIREMENT COMPENSATION OF JUDGES & COMMISSIONERS.
Retirement compensation of judges and commissioners in accordance with House Bill No. 118, 66th General Assembly, should be computed as one-third of salary provided for by law at the present time or at any future time.
71-51 Dec 20 MOTOR VEHICLES.
RADIO OPERATORS.
Amateur radio operators applying for license plates containing call letters need only pay $1.00 fee and are not required to repay regular license fee.
72-51 Mar 28 LIBRARIES. City or town with tax-supported library becoming a part of county library district does not constitute newly established library so as to qualify for establishment grants.
72-51 Aug 3 LIBRARY TAX RATE. After a merger of a municipal and a county library district, the tax rate in the municipality shall be the same as in the county.
73-51 Feb 1 MISSOURI STATE SCHOOLS.
INSANITY HEARINGS.
Whenever an indigent inmate or patient at the Missouri State School becomes dangerously insane, the superintendent of said School may temporarily place such a patient in a state hospital for the insane. But the superintendent of said school shall immediately cause to be instituted proceedings in the probate court of the county where the school is located to have the court determine whether or not such patient is actually insane so that said patient may be detained by the state hospital for the insane until she is restored to sanity.
73-51 May 18 STATE CLAIMS. An agency of the state having power to sue is also authorized to settle a claim in behalf of the state and execute a valid release of future liability.
73-51 May 23 INSANE PERSONS. Insane persons discharged from state hospitals after having been found insane by a court of this state must be adjudged sane by a court of this state in order to have the right to vote and manage their affairs. Insane persons admitted to a state mental hospital on certification of two qualified physicians and discharged by the superintendent of said hospital have the right to vote and manage their affairs after their discharge by the superintendent.
74-51 Jan 25 Hon. Charles H. Rehm WITHDRAWN
74-51 Apr 5 SCHOOLS. Tuition payable to a consolidated high school district by common school district may be paid from either teachers’ fund or incidental fund.
74-51 July 18 NARCOTICS.
PROBATE COURT.
VETERANS.
Probate court, upon adjudication of veterans as narcotic addict, may commit said veteran to United States Public Health Service for required care and treatment.
75-51 Mar 21 ABSENTEE BALLOTS. An absentee ballot may be cast in the regular election held for the purpose of electing a county superintendent of schools.
75-51 Oct 15 Dr. Reuben R. Rhoades WITHDRAWN
75-51 Nov 23 EXAMINATION.
BOARD OF PHARMACY.
EXAMINATION FOR PHARMACIST.
RECIPROCITY.
ELIGIBILITY FOR REGISTRY BY RECIPROCITY.
(1) Applicant must be a graduate of a school or pharmacy to be eligible for registry by examination as a pharmacist in Missouri. (2) An applicant eligible for registry by reciprocity in Missouri if state from which he seeks reciprocity accords similar recognition to licentiates of this state. If he was registered or licensed by examination in such other state or foreign country; if the standard of competency in such other state or foreign country is not lower than that required in this state; and if the applicant for such license shall present satisfactory evidence of qualifications equal to those required from the licentiates in this state.
76-51 Sept 17 MAGISTRATE COURTS.
SUMMONING JURORS.
The sheriff of a fourth-class county is under duty to summon jurors when ordered to do so by the magistrate.
76-51 Oct 5 Hon. Allen Rolston WITHDRAWN
76-51 Oct 19 SPECIAL ELECTIONS.
SECTION 262.500, RSMO 1949.
DUTY OF COUNTY COURT.
County court required to file and consider petition requesting special election authorized by Section 262.500. Even though petition is signed by statutory number of qualified voters, court’s duty is to refuse to call election if county has already reached maximum tax rate for county purposes fixed by Art. X, Sec. 11(b), Const. of 1945, and court is prohibited from calling the election under Section 262.500, supra.
78-51 Apr 19 TAXATION.
MUNICIPALITIES.
Election to increase tax rate for purposes of increasing wages of police and fire departments is an election to increase rate for general municipal purposes and not for public health purposes. Constitutional limitations of 2/3 majority and four-year increase limitations therefor applies.
78-51 Dec 11 SHERIFF.
WARRANT.
It is unlawful for the city policeman to make an arrest outside of the territorial limits of the city or state under a warrant directed to the sheriff.
79-51 Mar 30 PENAL BONDS. Personal property, as well as real estate, may be used to qualify a surety on a bail bond.
81-51 Jan 16 Hon. H. G. Shaffner WITHDRAWN
81-51 Jan 19 Hon. H. G. Shaffner WITHDRAWN
81-51 Jan 25 OFFICERS.
COUNTY COURTS.
Judge of county court holds over until successor is elected and qualified; no vacancy exists because judge-elect fails to qualify on account of illness; may qualify within reasonable time after physically able to perform duties.
81-51 Jan 26 Hon. H. G. Shaffner WITHDRAWN
81-51 Feb 21 BANKS. A condition precedent to a national bank becoming a state bank is that it shall dissolve under the laws of the United States and proceed in accordance with provisions of Section 362.235, RSMo. 1949.
81-51 Feb 26 FARM TO MARKET ROADS. In the construction of a farm-to-market road the county court does not have discretion as to whether or not the road shall be built; neither the state nor county is liable for the cost of condemnation proceedings; where a farm-to-market road extends over road which has been maintained by a special road district, the special road district is not obligated to pay the expenses of condemnation and survey.
81-51 Feb 27 BANKS. Bank records required to be preserved under Section 362.410, RSMo 1949, may be preserved by the methods prescribed in Section 109.120, RSMo 1949.
81-51 Mar 20 ELEEMOSYNARY INSTITUTIONS.
STATE SANITARIUM.
The county of residence of a poor person in this state is the county from which such a poor person may be sent to the state sanitarium.
81-51 Mar 28 COUNTY COLLECTORS, SECOND CLASS COUNTIES. The county court in second class counties may require a county collector to make bond in a sum equal to the largest collections made in any one month of the preceding year, plus ten percent of such sum, up to but not to exceed the sum of $750,000. If the county court in second class counties requires the county collector to make daily deposits of all monies received by him on those days when such collections total as much as $100.00, they may then permit him to make bond in a sum equal to only one-fourth of the largest amount collected during any one month of the preceding year, plus ten percent of such amount, up to but not to exceed the sum of $750,000.
81-51 Apr 9 TRAINING SCHOOLS.
EDUCATION.
SCHOOLS.
Sec. 163.090 RSMo 1949 relating to re-employment of teachers not applicable to employees of training schools.
81-51 May 17 CONSUMER CREDIT LOANS. Lenders securing certificates of registration to conduct consumer credit loan business under Senate Bill No. 78, 66th General Assembly of Missouri, required to procure such registration certificates from and after June 7, 1951.
81-51 Aug 7 Hon. H. G. Shaffner WITHDRAWN
81-51 Sept 24 INHERITANCE TAXES.
PAYMENT.
PROCEDURE ON LEGATEE’S DEATH.
In determining amount of inheritance taxes on C’s inheritance from B’s estate, value of B’s interest in A’s estate when paid to B’s administrator will become part of assets of B’s estates.
81-51 Sept 28 HOUSE BILL NO. 70. House Bill No. 70 of the 66th General Assembly of Missouri will take effect and be in force on and after the 9th day of October, 1951.
81-51 Nov 21 ELECTIONS. Election to supply vacancy of state representative subject to general election laws. Appointment of but two judges in each precinct not authorized.
81-51 Nov 21 SOLDIERS’ BONUS.
BOARD OF REVIEW.
Claims for soldiers’ bonus which have been filed and rejected may be refiled, reconsidered, allowed and paid if previous rejection is erroneous – including claims passed on and rejected by Board of Review.
82-51 Mar 21 INTOXICATING LIQUOR. Supervisor of Liquor Control authorized to issue five per cent beer permit for premises located within 300 feet of a building not being used regularly as a place of religious worship.
83-51 Feb 5 ELECTIONS.
CONGRESSMEN.
Vacancy in Congress filled by special election called by Governor.
83-51 Mar 21 NEGLECTED CHILDREN.
COUNTY LIABILITY FOR SUPPORT.
DIVISION OF WELFARE.
County in which “neglected child” is so declared by court liable for support if child has not been committed to guardianship. Division of Welfare may assist county with child welfare funds.
83-51 June 6 STATE COUNCIL OF DEFENSE.
CONSTITUTIONAL LAW.
State of Missouri may not advance money to federal government to use in payment of defense supplies to be purchased by federal government, but state may reimburse federal government if appropriate legislation is enacted.
83-51 June 29 CONSTITUTIONAL LAW.
STATUTES.
House Bills No. 29 and 398 are constitutional as their titles are valid.
83-51 Aug 16 CONSTITUTIONAL LAW. House Committee Substitute for House Bills Nos. 13 and 39 is not unconstitutional nor in conflict with the extradition laws.
83-51 Aug 24 FEDERAL GRANTS.
FLOOD RELIEF.
DISASTER RELIEF.
Money received by Governor or his representative should be paid by Governor or his representative directly to political subdivisions of state to reimburse such subdivisions for expenditures as a result of flood.
83-51 Sept 12 ASSESSMENT LISTS. A separate list, including all real and tangible personal property, must be made for each taxpayer. The assessor has no authority to make a joint list for husband and wife. Assessor cannot fill out list unless taxpayer has been given opportunity to do so.
83-51 Oct 2 SECURITIES.
BLUE SKY LAW.
Sale of burial contracts providing for payment on the installment plan does not constitute a sale of a security under Missouri Blue-Sky Law.
83-51 Nov 16 MARRIAGE, FOREIGN COUNTRIES. A marriage between first cousins legally performed in Italy would be valid in Missouri.
83-51 Nov 27 COUNTY ASSESSOR.
COUNTY JUDGES.
An assessor in a county whose population is less than forty thousand need not consolidate all lands owned by one person in a square or block into one tract, lot or call; a county judge in a county of the third class must actually be present and attend court to be compensated therefor.
84-51 Jan 5 SCHOOLS.
ARMORIES.
Board of directors of city, town or consolidated school district cannot deed tract of land to the state for armory purposes without consideration, as board only has authority to “advertise, sell and convey” same.
84-51 Feb 26 CONSERVATION COMMISSION.
FISH AND GAME.
WATERS.
Construction of Regulation 20, Wild Life Code of Missouri, 1951.
84-51 Feb 28 OFFICERS. A public administrator in a county of the third class may also serve as deputy to county collector.
84-51 Apr 11 Township assessors. The county court, as such, has no power of supervision over the township assessors in counties under township organization. But the county board of equalization has ample authority to adjust the assessments to meet the standards of true value.
84-51 July 21 Hon. Marion Spicer WITHDRAWN
85-51 Mar 26 AGRICULTURE.
DAIRY PRODUCTS.
A regulation requiring vehicles transporting milk to be covered and insulated is not compatible with paragraph 3 of Section 196.585, RSMo 1949.
85-51 Oct 8 MAGISTRATE COURT.
HABEAS CORPUS.
Application for a writ of habeas corpus should not be made to a magistrate court when a circuit judge is available, and that application for such a writ to a magistrate court must state that no circuit judge is available.
86-51 Aug 28 SOCIAL SECURITY.
OFFICIAL COURT REPORTER.
A circuit court reporter for the purpose of the Social Security Law is an employee of the county or counties from whom he derives his compensation.
88-51 Jan 27 PROBATE JUDGE.
SALARY.
The estate of a Probate Judge who dies in office is not entitled to compensation as salary incident to such office between the date of the death of such Judge and the date of the appointment of a successor to him. Neither is the newly appointed Judge entitled to compensation between the date of the death of the previous Judge and the date of his appointment. Any balance of such salary unused constituting a part of excess fees collected by the Probate Judge should be paid into the school fund of such county.
88-51 Feb 5 VOCATIONAL REHABILITATION.
INSURANCE.
A person receiving vocational rehabilitation training, having in his custody property owned by the state of Missouri has an insurable interest in such property. The proceeds of such policy may be made payable either to the State Treasurer for the State of Missouri or to the State Board of Education. Disbursement of the proceeds payable by the insurer depends upon who is named beneficiary.
88-51 Mar 6 Hon. H. Tiffin Teters WITHDRAWN
88-51 Apr 20 LEGISLATURE.
CONSTITUTION.
House Bill No. 72, as perfected by the 66th General Assembly, is constitutional.
88-51 May 11 Hon. O. C. Tee WITHDRAWN
88-51 Sept 27 SHERIFFS SALARIES, 3RD CLASS COUNTIES.
SHERIFFS EXPENSE IN SERVING CRIMINAL PROCESS.
Salary of sheriffs in 3rd class counties is determined by 1950 decennial census. County Court should allow sheriffs of 3rd class counties expense for gasoline actually used in serving criminal process.
89-51 Jan 3 NEW PATENT ISSUED FOR PURPOSE OF CORRECTING ERRONEOUS DESCRIPTION IN ORIGINAL PATENT. Secretary of State may issue corrected patent for land in cases in which land was erroneously described in original patent from state after proper showing is made.
89-51 Jan 8 LEGISLATURE. Number of Representatives in Legislature from respective counties determined on basis of final census figures.
89-51 Feb 10 CRIMINAL LAW. Provisions of R.S.Mo. 1879, requiring justices of the peace to certify criminal cases occurring in Galena and Joplin townships, Jasper County, Missouri, be certified to the Joplin division of the Circuit Court, repealed.
89-51 Feb 27 MOTOR VEHICLE FUEL TAX. County not entitled to a refund of motor vehicle fuel tax by virtue of being a subdivision of the State. County entitled to refund of motor vehicle fuel tax if fuel is not used to operate a motor vehicle over a public road as such terms are defined by the taxing statute.
89-51 Mar 22 COUNTY COURT.
AUTHORITY TO APPOINT GENERAL SUPERINTENDENT OF HIGHWAY DEPARTMENT.
There is no statute authorizing county court to create the office of “General Superintendent” of County Highways.
89-51 May 7 CORRECTED PATENTS TO STATE LANDS. Secretary of State cannot issue corrected patents to any person or persons other than the original patentee or some person or persons who own the entire tract intended to have been described in the original patent.
89-51 May 8 COUNTY COURTS.
MILEAGE.
County Court Judges in counties of the third class shall receive 5¢ per mile for each mile necessarily traveled in going to and returning from the place of holding county court, and no other mileage.
89-51 June 6 NEW PATENT TO STATE LAND UNDER SECTION 446.180, RSMO 1949. Documents submitted constitute sufficient evidence to warrant issuance of patent.0000
89-51 July 25 SOCIAL SECURITY.
PROBATE COURT.
CITY OF ST. LOUIS.
Probate judge and employees of probate court, City of St. Louis, are under the political subdivision of the City of St. Louis under the provisions of S.C.S.S.B. No. 3 and may be incorporated in any agreement between the state agency and City.
89-51 Oct 16 CORONER.
CITY OF ST. LOUIS.
The Coroner of the City of St. Louis can succeed himself.
89-51 Oct 16 COUNTY COURT.
COUNTY HOSPITAL.
The county court has no authority to approve or disapprove vouchers of the hospital board under Section 205.190, RSMo 1949; county assessor must give a surety company bond.
89-51 Oct 19 SOCIAL SECURITY. The Kansas City Board of Election Commissioners, members of the Board of Election Commissioners, and its employees for the purpose of Senate Bill No. 3, 66th General Assembly, are covered by agreements entered into between the city of Kansas City and the state agency; the county of Jackson and the state agency; the county of Clay and the state agency, extending the benefits of Federal Old-Age and Survivors insurance to their employees.
90-51 May 1 STATE MERIT SYSTEM ACT. The State Merit System Act prohibits a person employed under this act from becoming a candidate for election to the office of member of a local school board.
90-51 May 16 TOWNSHIP FUNDS. Township Board has authority to use Township funds in payment of damages for condemned right of way to be used for road construction being done under provisions of the King Road Bill (Sections 231.440 to 231.500, RSMo 1949.)
90-51 July 27 RECORDER OF DEEDS.
LEASE.
Lease is instrument in writing affecting real estate as set out in Section 59.360 RSMo 1949. Recorder of Deeds not authorized to permit either party to a lease to alter the same after it has been delivered to the recorder for recording.
90-51 Oct 25 MERIT SYSTEM.
NOTICE.
1. Notice of dismissal must be dated at least prior to the effective date of the dismissal.
2. Reason for dismissal must be sufficiently explicit that employee is able to explain and defend charges.
92-51 Feb 14 LEGISLATORS.
ASSISTANT PROSECUTING ATTORNEY.
Members of the General Assembly may not be appointed Assistants Prosecuting Attorney in counties of the fourth class in this State during the term for which they are elected to the General Assembly.
92-51 June 25 INTOXICATING ALCOHOLIC LIQUORS. A city council is charged with the duty of determining whether a petition calling for an election to decide whether intoxicating liquor shall be sold by the drink, bears a number of names representing one-fifth of the qualified voters in such city, but the city council is not bound to follow any particular method in reaching such a determination.
92-51 Nov 14 Mr. Earl L. Veatch WITHDRAWN
93-51 Jan 22 TAXATION.
HEALTH CENTERS.
COUNTY TREASURER.
Taxes collected for County Health Centers paid into county treasury.
93-51 Feb 9 PROSECUTING ATTORNEY’S FEES. In criminal cases prosecuting attorney’s fee shall not be charged as costs unless conviction be obtained.
93-51 Mar 17 Hon. Stanley Wallach WITHDRAWN
93-51 Apr 24 RECORDS, BOUND. Record sheets assembled in a loose-leaf binder equipped with a locking device would be considered to be a “bound” record.
95-51 Jan 18 TOWNSHIP COLLECTOR.
COMMISSIONS.
A township collector shall receive a commission of 2 ½% on the first $40,000 collected during the year or annual term of his office prior to his final settlement in March of each year, and 1% on the next $40,000 collected, and ¾ of 1% on the remainder and that the period of time during which said collections are made is not affected by the fact that the collections may have been made in two different calendar years.
95-51 Jan 23 Hon. S. F. Wier WITHDRAWN
95-51 Jan 31 TUITION.
SCHOOLS.
Discretionary with board of directors of school district whether or not nonresident pupils shall be admitted. Board of directors of school district may prescribe tuition for nonresident pupils and refuse admission if tuition is not paid.
96-51 Feb 15 SCHOOLS.
STATE AID.
Under Public Law 815 – 81st Congress – State Board of Education is proper state agency to carry out purposes of the act and direct investment of moneys received and paid by the Federal government to the State Treasurer.
96-51 Mar 8 CONSTITUTIONAL LAW.
SCHOOLS.
TAXATION.
ELECTIONS.
Section 11, Article X of the Constitution as amended, provides two methods of increasing school tax levy above constitutional limit. Information to be on ballots used in elections for tax levy increase should include rate, purpose and period of levy.
96-51 Apr 2 PUBLIC SCHOOLS. When there is an equal division of the Board of Education of a school district on any question pending before the Board the provisions of Sec. 165.320, RSMo 1949 are mandatory that the County Superintendent of Schools cast the deciding vote on such question; the provisions of said Sec. 165.320 are not directory; and, that the provisions of Sec. 163.090, RSMo 1949 do not exempt the said Superintendent from being a member of the Board to cast the deciding vote upon the question of notifying teachers of their re-employment or the lack thereof.
96-51 Apr 26 BOND REQUIRED OF COUNTY SUPERINTENDENT. A county superintendent must give bond in double the amount of his annual salary.
97-51 Jan 19 MOTOR VEHICLES. Criminal prosecution must be instituted within the jurisdiction in which the crime occurred. A person may be prosecuted for making false answers in an affidavit.
97-51 Jan 31 COUNTY COURTS.
SHERIFFS.
COUNTY FARM BUREAU.
Amount of appropriation for support of county farm organization lies within the county court’s discretion. Fixing of deputy sheriff’s salary lies within discretion of circuit judge; county court without authority in this regard.
97-51 June 21 COUNTY LIBRARY DISTRICT.
LIBRARY DISTRICT.
Board of Trustees of County Library District authorized under Section 182.070 to purchase real property for use of the library with funds collected from the tax levied under Section 182.010.
97-51 Oct 15 CHIROPRACTORS. Doctors of Chiropractic are not physicians in the sense referred to in Section 202.150, R. S. Mo. 1949.
98-51 June 18 CLAIMS AGAINST THE STATE. The State is not liable in damages for the wrongful acts of inmates of a State maintained training school for the care and treatment of feeble-minded and epileptic patients.
99-51 Jan 3 SHERIFFS.
FEES.
The taking of a prisoner before the court for trial or confession of guilt by the sheriff does not constitute attendance upon such court by the sheriff. The sheriff is entitled to a fee of $1.00 for taking the prisoner before the court for trial or confession.
99-51 May 10 LOTTERIES. A contest in which entrants pay a cash consideration, and in which that entrant receives a cash prize who catches the largest fish within a specific period of time, is a lottery.
99-51 Aug 29 COUNTY COURT VACATION OF COUNTY ROADS.
EXECUTION OF QUIT CLAIM DEEDS EXTINGUISHING EASEMENT.
County court may vacate county road upon petition of twelve freeholders. Road right of way not used within preceding ten years extinguished by operation of law.