1933 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-33Feb 16ESCHEAT FUND. Duty of State Auditor to make payment to representative of an estate. Sections 623 and 624 R. S. Mo. 1929.
1-33Mar 23CIRCUIT CLERK’S SALARY. Section 11786 R. S. Mo. 1929.
1-33Apr 27BUILDING AND LOAN. A – Power of Directors to amend by-laws.
B – Power of Directors to amend by-laws when present by-laws specifically give Board such power.
1-33Apr 29BUILDING AND LOAN ASSOCIATIONS. No power to give notes to retire stock.
1-33May 27INFORMATION. Section 5429, subdivision 1, Section 4119−Approved.
1-33Aug 18SCHOOL AND SCHOOL DISTRICTS. Tuition and school warrants.
1-33Aug 25Hon. Orin J. AdamsWITHDRAWN
1-33Oct 24PROSECUTING ATTORNEY. Allowance of expenses in the county; allowance of expenses in change of venue cases in the county.
1-33Oct 27TAXATION. The County Board of Equalization has authority to assess property omitted from assessor’s books for current year only; and any attempted assessment for previous years is void.
1-33Dec 22PUBLIC AUCTIONEERS. Non-resident may not obtain license.
2-33Jan 27COUNTY WARRANTS. Received by Circuit Clerk and Ex-officio Recorder for his salary, though unpaid and protested, cannot be offset by him against Recorder’s fees collected by him and to be paid monthly to county treasurer.
2-33Apr 15LIQUOR.Corporation permittee for sale for consumption on premises having an affiliate corporation used as adjunct to first named corporation and controlled by same interests as control first named corporation, cannot under wholesaler’s permit sell to the affiliate corporation 3.2 per cent beer in original package for resale by latter corporation under permit as merchant to sell in original package.
2-33June 15Hon. W. B. Allison WITHDRAWN
2-33June 19COUNTY COLLECTOR. Consolidation of offices of county collector and county treasurer in certain counties – Senate Bill No. 76.
2-33June 23STATE PURCHASING AGENT LAW. Appellate courts do not come within the provisions of the state Purchasing Law.
2-33Aug 29TAXATION.No authority in Senate Bill 80 for refund of penalties, interest or costs paid prior to April 13, 1933.
2-33Oct 31BANKS & BANKING.Taxes payable by liquidator of failed bank for taxes assessed before failure.
3-33Jan 19JUDGES.Salaries begin on qualifying by taking oath of office for all judges. Retiring Circuit Judges have one day in January this year. Number of days in calendar month makes division to calculate divisions of monthly salary.
3-33Jan 25COUNTY HIGHWAY ENGINEER.Authority under Sec. 8011 Revised Statutes of Missouri, 1929 to appoint assistants – definition of assistant.
3-33Jan 26COUNTY FUNDS.
COUNTY TREASURER.
Minimum rate of interest. Cannot be invested in bonds.
Term of Office—Old Treasurer holds over until new treasurer has qualified—amount of bond.
3-33Jan 28SALARIES.
JUDGES.
Dividing January warrants as to terms, Court of Appeals’ judges begin 1st Monday like circuit judges. (Opinion modifying January 19th opinion).
3-33Feb 2COUNTY COURT.
PENALTIES.
County Court has no authority to waive penalties on delinquent taxes or change time when such penalties go into effect.
3-33Feb 3TAX ATTORNEY.
COLLECTOR.
Allowance of fees allowed under Sec. 12944.
Employment of tax attorney; fees allowed.
3-33Feb 27TREASURER.Transfer of funds by treasurer from state interest fund to general revenue fund.
3-33Feb 28CIRCUIT CLERK’S CHANGE OF VENUE FEES.Sections 11786 and 11815 R. S. Mo. 1929.
3-33Feb 28CRIMINAL COST.
MEDICAL ATTENTION.
Sections 8534, 8554, 3825 and 3840, R. S. Mo. 1929.
3-33Mar 1SCRIPT.
CURRENCY.
Violation of Section 4097 R. S. Mo. 1929 by circulating script designed as use for currency.
3-33Mar 3SCHOOLS.State funds transferred by deficiency bill, State Auditor not required to set apart any part to the school fund.
3-33Mar 22INCOME TAX.Incomes received from royalties on patents and copyrights.
3-33Apr 11TAXATION.Salaries, interests, costs and charges relating to collection of delinquent taxes—Effect of Senate Bill No. 80 with relationship thereto.
3-33Apr 17INCOME TAX.Taxpayer voluntarily filing joint individual income tax return for the whole year 1931 for himself and wife and paying the tax thereon in absence of a statute or regulation of State Auditor’s office allowing him so to do, has not the right in 1933 to file an amended return for the year 1931 of himself and wife covering income from January 1, 1931 to September 13, 1931, and from September 14, 1931 to December 31, 1931, and by the amended return become entitled to a credit of $68.80 on future income taxes.
3-33Apr 27APPROPRIATIONS.General appropriation bills need no emergency clause to become operative immediately when signed by the Governor. Section 659, R.S. Mo. 1929.
3-33May 8STATE AUDITOR.
COUNTY COLLECTOR.
Method to be followed by State Auditor to determine the rate of percentage of commission on taxes collected to be allowed County Collectors in Annual Settlement with Auditor.
3-33May 22APPROPRIATIONS.
BLIND COMMISSION.
House Bill No. 659, 57th General Assembly, affecting the Commission for the Blind discussed.
3-33May 22COLLECTORS FEES.Formula for paying into the city, county and state treasuries excess fees collected.
3-33May 26BLIND PENSIONS.Is claimant entitled to payment of blind pension as of date of court decision, or as of date of his application to Probate Judge or Blind Pension Commission? Is State Auditor authorized to pay claimant out of the 1933-34 appropriation for that part of pension due during 1932-33?
3-33May 27RAILROAD TAXES.Remission of penalties, etc. applies to railroad taxes.
3-33June 15CONVICTS TO PENITENTIARY.Interpretation of section 11791 R. S. Mo. 1929.
3-33June 17SEARCHES AND SEIZURES.
STATE AUDITOR.
Section 10132 R. S. 1929, does not give right to the State Auditor to inspect books of corporations or companies in which one may be a stockholder for purpose of ascertaining what has been paid in dividends.
3-33June 23CIRCUIT CLERKS.Fees in criminal cases for making transcript.
3-33June 26JUSTICE OF PEACE.
FEES.
CRIMINAL COSTS.
Justice of the peace is entitled to fee of fifty cents for entering his decision on record in a preliminary hearing.
3-33June 30ELECTION.Amount of $500.00 counsel for services of Attorney in primary contest for nomination for Missouri House of Representatives on Resolution of House directing its Committee on Accounts to pay said sum held no authority thereof.
3-33July 1COUNTY HIGHWAY COMMISSION.Power and duties under Article 2, Chapter 42, R. S. Mo. 1929.
3-33July 5SHERIFF FEES.Fees of sheriff in transporting convicts to Penitentiary.
3-33July 7TAXATION.
CONSTITUTION.
Section 13870 violates Sections 6 and 7 of Article X of the Constitution of Missouri and is void.
3-33July 27CRIMINAL PROCEDURE.Continuances of indictments and information.
3-33July 27STATE AUDITOR.
COUNTY COURTS.
State Auditor may use some discretion in period covered by audit and examination of county records under Section 11478.
3-33July 27COUNTY CLERKS.
STATE AUDITOR.
TAXATION.
Senate Bill Number 50, Laws 1933, page 421, applicable to counties having township organization.
3-33Aug 7FOURTH CLASS CITY.City of the fourth class cannot provide by ordinance for appointment of city police judge.
3-33Aug 11STATE FAIR. APPROPRIATIONS.Premiums paid in prizes for horse-racing at State Fair paid out of appropriations under heading, “Premium for livestock shows”.
3-33Aug 15TAXATION AND REVENUE.Constitutionality of Section 10070.
3-33Aug 15STATE FAIR.Entertainment may be paid for under Sec. 1, sub-section C-D, Laws of Mo. 1933, p. 63. (HB 649).
3-33Aug 15STATE OFFICERS.State Officer cannot receive salary from State Department and also from State Fair Board.
3-33Aug 23CRIMINAL COSTS.Liability of county or state for costs.
3-33Aug 30COUNTY CLERKS.Entitled to count printed words in calculating fees due under Section 10007 R. S. Mo. 1929.
3-33Aug 31ANTI-TRUST.Open Steel Flooring Industry codes relative to Missouri anti-trust statutes.
3-33Sept 6STATE BARBERS BOARD.Salary of retiring Board ends July 7, 1933.
3-33Sept 11BUS & TRUCK LAW.Constitutionality of paragraph (e) of Sec. 5270, Laws of Mo., p. 304.
3-33Sept 11MISSOURI COMMISSION OF THE BLIND.No authority to pay Board of Health from funds appropriated to Commission for specific purposes.
3-33Sept 11INCOME TAX.Income tax by foreign state may be deducted.
3-33Sept 12COUNTY BUDGET LAW.When effective.
3-33Sept 14STATE PURCHASING AGENT ACT.Effective July 24, 1933 and the exclusive authority for purchase of supplies therein contemplated.
3-33Sept 19SENATE BILL.Section 9963e unconstitutional as delegating legislative power to county courts.
3-33Sept 21TAXATION.Correction of Assessment Error.
3-33Sept 23CHANGE OF VENUE.In criminal cases before a Justice of the Peace.
3-33Sept 26NEPOTISM.Official appointing step-father of his wife does not violate Section 13, Article 14 of the Constitution because they are not related either by consanguinity or affinity.
3-33Sept 27EMPLOYEES.
BUDGET LAW.
The power to administer budget law and hire employees and fix salaries vests in the Governor.
3-33Oct 2APPROPRIATIONS.
MISSOURI COMMISSION FOR THE BLIND.
Section A1, page 138, Missouri Laws 1933, discussed.
3-33Oct 5STATE AUDITOR.Proper to issue warrant for stationery purchased prior to June 12, 1933.
3-33Oct 21CONSTITUTIONAL LAW.Effect of overruling prior decision dealing with statutory construction on intermediate transactions.
3-33Oct 30COUNTY HIGHWAY ENGINEER.Custodian of road tools, machinery, etc. Supervisor of construction and maintenance of highways. Authority to appoint “assistants”. County Court to hire workmen. County courts cannot issue road warrants without approval of highway engineer.
3-33Nov 15WARRANTS FOR PAYMENT OF MONEY.County court has power to order warrants already issued not to be paid, even though such order be made at a subsequent term of court to the one at which the warrant was issued.
3-33Nov 27JUSTICES OF THE PEACE.Appointment of additional justices in townships having between 75,000 and 150,000 inhabitants.
3-33Dec 20Athletic Commission of the State of Missouri.WITHDRAWN
3-33Dec 27STATE AUDITOR.No restriction on loose leaf system of bookkeeping in Auditor’s Department.
3-33Dec 28STATE AUDITOR.
GENERAL ASSEMBLY.
LEGISLATURE.
SALARIES.
Members of the 57th General Assembly convened in extra session only entitled to $5.00 per day for the first 70 days of the session and $1.00 per day thereafter and during the remainder of the session.
3-33Dec 29ASSESSOR’S FEES.Assessors are entitled to regular fees for additional assessments of income taxes when made under Sec. 10128, R.S. Mo. 1929.
4-33Jan 8LEGISLATURE.One house of Legislature, originating bill, can only adopt or reject amendments of other branch. Secs. 26, 29, 30, 32, Art. IV, Constitution.
4-33June 1SCHOOL DISTRICT.School district must enumerate orphans and defective children in the district same as others to obtain state funds.
4-33Oct 20Senator D. L. BalesWITHDRAWN
5-33Jan 19COLLECTOR’S BOND.Section 9885, R.S. Mo. 1929.
5-33Feb 20SCHOOLS.Sections 16 and 17 Laws 1931, pp. 343 and 344. Power of High and other schools to charge for children coming from other districts.
5-33Mar 16SCHOOLS.Supplemental Opinion. Sections 16 and 18 Laws 1931, pp. 343 and 344. Power of High and other schools to charge for children coming from other districts.
5-33June 16MUNICIPAL CORPORATIONS.Cities of the 4th class not authorized to invest city funds in bonds of school districts.
5-33June 19COUNTY COURTS.
SCHOOL MORTGAGES.
BACK TAXES.
County Court may not arbitrarily reduce the principal without payment. County Court may compromise taxes under Section 9950, R. S. Mo. 1929.
5-33Sept 5ELECTIONS.Members of United States Conservation Corps cannot vote in city election.
5-33Sept 13ASSESSORS.Entitled to regular fees for additional assessments on Income Tax Returns.
5-33Oct 13COUNTY COLLECTORS.When Sec. 9885, Laws of Mo. 1933 become effective as to bond.
5-33Oct 21OFFICERS.Under Section 6853, individual cannot be member of board of public works of city and at the same time hold any other public office, whether membership on board occurred prior or after the appointment to other office. (Sec. 7853 R.S. Mo 1929).
5-33Nov 2NEWSPAPERS.Must be published in county in order to qualify for publication advertisements and orders of publication under Sec. 13775, R.S. Mo. 1929; not necessary that mechanical printing be done in county.
6-33Apr 10BEER.
LIQUOR.
Sell non-intoxicating beer to patrons of barbeque stand in parking lot.
6-33Apr 10BEER PERMIT.
LIQUOR.
Authorization of applicants having paid fee and not receiving permits on account of printer’s delay to sell pending issuance of permit.
7-33June 24TAXATION.Procedure to collect delinquent taxes in suit but not in judgment prior to effective date of Senate Bill 94.
7-33Aug 23PUBLIC SERVICE COMMISSION.Exemption of certificate of convenience and necessity for trucks operated on the highway.
7-33Aug 25TAXATION AND REVENUE.Interpretation of Sec. 1, Laws of Mo. 1933, p. 423.
7-33Sept 12ALIENS.Method of Prosecution.
8-33Mar 18BLIND PENSION.Bona fide resident and who may have lost his or her sight while such – discussed.
8-33Sept 12AGRICULTURAL ADJUSTMENT ACT.Processing tax on cotton goods used by Mo. Commission for the Blind.
9-33Jan 13JUSTICE OF THE PEACE.Must be elected at a general election of county officers held each four years from 1882. Sec. 2136, 2138, 2140, 2144, R.S. Mo. 1929.
9-33Sept 27MUNICIPAL CORPORATIONS.Officer directly or indirectly interested in a contract with the city, or in work done by the city, makes himself criminally liable and subject to forfeiture of office.
9-33Oct 27COUNTY COLLECTORS BOND.Where an additional or new bond is required of the present County Collector the amount thereof is to be calculated as prescribed by Laws 1933 page 464, Section 1, which law repeals and reenacts the old Section 9885 R. S. Mo. 1929 which was heretofore applicable.
10-33Jan 28Mr. Herbert M. BradenWITHDRAWN
10-33Mar 31Hon. Herbert M. BradenWITHDRAWN
10-33Apr 7COUNTY TREASURER.Under Township Organization two bonds required.
10-33Apr 10COUNTY SURVEYOR.
COUNTY HIGHWAY ENGINEER.
Sections 8009, 8019 and 8030, R. S. Mo. 1929, - Duties and salary when office of Highway Engineer abolished.
10-33Apr 14TOWNSHIP.
TREASURER.
Right of Treasurer in county having township organization to commission for handling income tax.
10-33Apr 29TRADEMARKS.When similar trade mark can be registered.
10-33May 17MOTOR VEHICLES.Registered operators discussed.
10-33May 19SCHOOLS.Town, city or consolidated district can dissolve if two-thirds of the resident voters and taxpayers present and voting shall so vote.
10-33June 3TAXATION.Delinquent taxes-interest and collector’s commission as provided for in Senate Bill 94.
10-33June 3TAXATION.Collection of delinquent railroad tax; suit to enforce payment not barred by Senate Bill 80.
10-33June 21PROSECUTING ATTORNEY.Duty to enforce anti-nepotism section of the Constitution.
10-33June 22ST. LOUIS COUNTY.Salaries of County Judges, clerks and prosecuting attorneys—how determined.
10-33June 23BOARD OF HEALTH.Duty of Secretary under Section 9118. Complaint by Secretary not exclusive.
10-33Aug 4OSTEOPATHS.Right to practice osteopathy within the terms of the Workmen’s Compensation law.
10-33Sept 11TAXATION AND REVENUE.Highway Bonds issued by the State are not exempt from taxation in the hands of individuals.
10-33Sept 14FAIR APPROPRIATIONS.Accounts of State Fair filed with Auditor and payment by state warrants on funds drawn therefrom.
10-33Sept 16TRESPASSING.Hunting and fishing on Lake of the Ozarks.
10-33Sept 26FEES.
TOWNSHIP CLERK.
Township Clerks Fees – Township clerk is entitled to the fees set out in Section 12310 R. S. Mo. 1929 as amended Laws 1931, page 377 in addition to the $2.50 per day salary for services performed.
10-33Sept 30CITIES, TOWNS AND VILLAGES.Under statute, cities, towns and villages are expressly prohibited from exacting license, taxes or fees from any farmer for the sale of produce raised by him when sold from his wagon.
10-33Oct 5COMMISSIONER OF AGRICULTURE.Legislature did not appropriate funds out of which premiums for various kinds of automobile protection and protection on property can be paid.
10-33Nov 1DEPARTMENT OF AGRICULTURE.Employees entitled to what salary?
10-33Nov 2TAXATION AND REVENUE.Liability of improvements on real estate omitted from assessment in previous year or years to assessment and taxation.
10-33Nov 9SCHOOL DISTRICTS.
TORTS.
School District not liable for negligence in operation of bus hired by it to transport athletic teams; school superintendent, as agent for school board, would not be liable.
10-33Nov 13CORONERS.The county in which the body is found is liable for the cost of the inquest, and not the county where the felony is committed.
10-33Dec 5MARSHALL OF SUPREME COURT.Not duty of Marshall, when criminal case is dismissed to carry out judgment; it is the duty of the local sheriff to convey the prisoner to the penitentiary or carry out the judgment of the court.
10-33Dec 5ICE CREAM MANUFACTURER.
Wholesale and retail manufacturers of ice cream required to have permit to manufacture for sale at retail.
11-33Apr 10PUBLIC SERVICE COMMISSION.Authority over taxicabs. Sec. 5264 and 5265. Laws of 1931, p. 304.
11-33May 13INCORPORATION.Incorporation of loan and investment companies can include only one purpose.
11-33May 20PENAL-PRISONS.Revocation of commutation of penitentiary sentence restores original sentence to penitentiary.
11-33June 2TRADEMARKS.Right of St. Louis Dairy Company to register trade name on milk and ice cream receptacles under Sections 12449 to 12555 R. S. of Mo. 1929.
11-33June 2CONVICTS.Non-resident insane convicts’ upkeep paid out of appropriation.
11-33June 12PRINTING.“Printing” must include embossing, engraving and lithographing and must be done under “printing” contract.
11-33June 13PRINTING.Printed matter to be bound only on order of Secretary of State under Section 13797 R. S. of Mo. 1929.
11-33June 14SECRETARY OF STATE.State Printing session acts in forms passed by legislature incorrect grammatical errors, misspelled words, etc.
11-33June 21TAXATION.Incorporation tax to be paid on basis of assets and not amount of capital stock, where assets greatly exceed capital stock.
11-33June 27CORPORATIONS.
EXTENSION OF FRANCHISE.
Meaning of “about to expire” and “not about to expire”. Extension of franchise of corporations can be made only on payment of fees.
11-33July 12CORPORATION.Charter of expired corporation cannot be extended; new corporation may be organized.
11-33July 13NOTARY PUBLIC.Bond of Notary Public may be terminated by suit as to future but not past liability.
11-33July 14PENAL INSTITUTIONS.Sentences when concurrent or cumulative.
11-33Aug 3COUNTY CLERKS.Guilty of misdemeanor in office for failure to file notary bonds with Secretary of State.
11-33Aug 25SECRETARY OF STATE.No duty to convene Prohibition Convention.
11-33Aug 31TRADEMARKS.Ferry-Hanly advertising companies eligibility as to registration of trade-mark of the words. “Just a step ahead on petticoat lane.”
11-33Sept 16MOTOR VEHICLES.Only State owned cars are permitted to bear the official license tag of the State.
11-33Oct 5APPROPRIATION.“Egg Dairy Products Inspection” paid out of general revenue fund and all licenses and fees derived by virtue of such inspection to go into general revenue.
11-33Oct 11SECRETARY OF STATE.Not duty of to call House of Representatives together in extra session.
11-33Oct 23BONUS.Only named beneficiaries can claim on death of soldier – soldier under guardianship may claim through guardian.
11-33Nov 22TRADE-MARK.Right to register trade-mark “9-0-5 or Nine-O-Five” applied to whiskies and other intoxicating liquor on ground former registration of said trade-mark was legally extinguished by either abandonment or by cessation of business on the part of owner thereof.
11-33Dec 5TRADE NAMES.Only one name can be registered in one application.
11-33Dec 14APPROPRIATIONS.
PRINTING.
Emergency relief administration entitled to paper and printing from Printing Commission and be paid out of appropriation under caption “incidental”.
11-33Dec 27SALARIES AND FEES.Foreclosure of School fund mortgage by sheriff, fees same as upon execution.
12-33Jan 30BUILDING AND LOAN ASSOCIATION.Definition of what are receipts under Section 5604 Revised Statutes Missouri 1929, amended 1931, page 155.
12-33Feb 25BUILDING AND LOAN ASSOCIATION.Right of Building and Loan Association to pledge assets, right to borrow money outside of the State of Missouri, right to join Federal Home Land Bank.
12-33June 5HOUSE BILL 639.Relating to registration of voters in towns of 10,000 to 30,000 inhabitants.
12-33Sept 27Hon. William H. BurrWITHDRAWN
12-33Sept 30ADMINISTRATION.Affidavit insufficient for distribution under laws of Missouri.
12-33Oct 3GAME AND FISH.
PURCHASING AGENT.
Purchasing Agent not necessary party in condemnation suit under Section 8220, R. S. 1929.
12-33Dec 5REFORESTRATION.Amendment to Sec. 11072, page 283, Session Acts Mo. 1933 relating to Reforestation.
12-33Dec 6SCHOOLS.
SCHOOL DISTRICTS.
Contractual relation between district and teacher discussed.
13-33Apr 17 Corporation wholesale permittee whose stock is owned by retail grocery merchants cannot sell legally to merchant permittee for resale in original package or for consumption on premises and the corporation wholesale permittee is violating the law in so selling to the merchant retail grocers who own the wholesale corporation.
13-33Sept 29CITY ORDINANCES.Construction of the same in the manner of filling public offices.
14-33Feb 1PENALTIES.Legislature has a right to remit penalties accruing under Section 9914, Revised Statutes 1929, and similar sections.
14-33July 28HIGHWAY COMMISSION.Regulation of highway commission with reference to Section 7787 merely declares policy of commission and does not have the effect of a judicial decision.
14-33Sept 23CITIES OF THIRD CLASS.Upon failure of city to find or select a city depository, city Treasurer should be found who could give bond for the protection of city funds.
14-33Oct 13MORTGAGE.Mortgage recording tax law.
14-33Oct 18CONSTITUTIONAL LAW.
INTERSTATE COMMERCE.
Tax on beer to be sold or shipped in interstate commerce as violative of the commerce clause of the United States Constitution.
14-33Oct 25CONSTITUTION.
GENERAL ASSEMBLY.
STATE HIGHWAY.
AMENDMENT.
Section 44a, Article IV, Constitution of Missouri only prevents the General Assembly from raising fees and taxes provided for in such Section 44a.
14-33Oct 30PENAL INSTITUTIONS.Right of the secretary to use interest fund of prisoners to liquidate thefts within the prison.
14-33Dec 27MOTOR VEHICLES.Officials and employees of corporation owning motor car required to register as operator.
15-33Mar 16CHARITIES.
NEGLECTED CHILDREN.
Court procedure, Sections 14161, 14162 and 14166 R. S. Mo. 1929, Laws 1931, p. 167. Residence, Section 655 R.S. Mo. 1929.
15-33Mar 23COUNTY REVENUE.County courts may issue warrants when, and may transfer unused or surplus funds from one department to another when. (5% “moratorium” bank depository).
15-33Sept 14NATIONAL RECOVERY ADMINISTRATION.President’s temporary code does not require operators of Beauty Parlors to adopt any fixed schedule of prices.
15-33Nov 7HAIRDRESSERS AND COSMETOLOGISTS.
LICENSE FEES.
State Board of Health may not require holder of certificate of registration to pay a license fee for the privilege of operating a shop.
15-33Dec 5TAXATION.The fact that a foreign insurance company pays tax upon premiums does not excuse it from paying a property tax upon personal property located within the State.
16-33June 9CRIMINAL LAW.
LIQUOR.
Act does not make it a criminal offense for one holding distributor’s license to be interested in retail business.
19-33Jan 24ACKNOWLEDGMENT.Extending existence of Corporations. Act of 1931, Page 297.
19-33Feb 14CONSTABLES.Tenure of office. County court’s right to vacate office. Section 11750 R. S. Mo. 1929.
19-33Mar 1MOTOR VEHICLES.When one car is drawn by another the former not required to have license tags attached.
19-33Apr 25CRIMINALS COST.
CIRCUIT CLERK’S CHANGE OF VENUE FEES.
NEPOTISM.
Under Section 3832, R. S. Mo. 1929. State must pay the cost accruing on failure to convict on penitentiary charge. Sections 11786 and 11815 R. S. Mo. 1929. Right of Collector to employ brother-in law’s wife as a deputy.
19-33May 11MISSOURI COMMISSIONER OF LABOR.Power of the Missouri Commissioner of Labor to appoint a Federal Investigator.
19-33May 12MISSOURI COMMISSIONER OF LABOR.Power of the Missouri Commissioner of Labor to collect and adjust wages.
19-33June 3NEPOTISM.Wife of County Recorder helping husband with routine work is violation of Sec. 13, Art. 14 Missouri Constitution even though such relative is not paid.
19-33June 5LIQUOR.Licensing of beer on dining cars.
19-33June 20TAXATION AND REVENUE.Lands bid in by County Court on foreclosure of school fund mortgage are not subject to taxation while held by the County.
19-33June 22TAXATION.Personal property of World War Veteran not exempt from taxation.
19-33July 10LABOR AND INDUSTRIAL INSPECTION DEPARTMENT.Right to inspect office buildings; firms employing one or more persons in cities of less than 3,000; where only owners work; railroad and freight depots; gasoline filling stations; hotels; fraternity houses; collection of unpaid license fees.
19-33July 19TAXATION.Lien for tax extended to insurance for what year. Section 9963b.
19-33Aug 1BANKS & BANKING.Relative to Proclamation of Governor March 13, 1933. Withdrawal of funds from banks.
19-33Aug 10CRIMINAL COSTS.Board and medical attention furnished by whom, in change of venue cases.
19-33Aug 25Mr. Charles C. CrosswhiteWITHDRAWN
19-33Aug 26LABOR DEPARTMENT.Board of Mediation and Arbitration has not been abolished, and the pertinent statutes appear in Article 3, Chapter 95, R. S. Mo. 1929.
19-33Aug 26LABOR DEPARTMENT.Commissioner has no present authority to draft and promulgate Boiler rules.
19-33Oct 4NEPOTISM.Wife is not related to husband’s sister’s husband by affinity so as to violate Section 13 of Article XIV of the Constitution of Missouri.
19-33Oct 5TAXES.Taxes levied and collected on property in special road districts.
19-33Oct 6FIRE ESCAPES.No conflict between Sections 13226 and 13757, R. S. Mo. 1929; the first dealing with mercantile establishments, and the second with public buildings.
19-33Oct 6LABOR DEPARTMENT.Bake shops employing three or less persons chargeable with fifty cents inspection fee, under Section 13219, R. S. Mo. 1929; Section 13294, not increasing the fee to one dollar.
19-33Oct 7LABOR DEPARTMENT.In arriving at fee for inspection, only persons employed within building may be counted, and not those employed by same employer in the yards.
19-33Oct 13EMERGENCY RELIEF.Not illegal for county to make Social Welfare Board of city its agent in distributing county and Federal funds for emergency relief.
19-33Oct 13LABOR DEPARTMENT.Under Section 13190 R. S. Mo. 1929, person operating theatrical agency can be required to pay license fee.
19-33Oct 25Mr. Joseph C. CrainWITHDRAWN
19-33Oct 31CHARITY AND RELIEF.The County Court of Buchanan County may enter into an agreement with the social welfare board of St. Joseph for the purpose of distributing county funds for relief work.
19-33Oct 31NEPOTISM.Director voting to elect sister violates Section 13 of Article XIV; teacher so elected cannot collect salary under her contract which is void; director becoming member of board after sister has been elected may continue to hold office.
19-33Oct 31PUBLIC SCHOOLS.School boards cannot use funds received under Sec. 13, Laws of Mo. 1931, p. 340 for incidental purposes.
19-33Nov 10SCHOOL DISTRICTS.
TUITION.
Laws of Missouri 1931, page 334, Sec. 18, does not permit student to select school which he shall attend; board of district may select school unless the county superintendent shall assign student under Section 18.
19-33Nov 11Mrs. Mary Edna CruzenWITHDRAWN
19-33Nov 13LABOR.Enclosed letter not illegal in fixing fee in excess of $1.00, or in containing false and fraudulent information.
19-33Nov 20GUARDIANS-WARDS.Estate of World War Veterans are invested—how.
19-33Dec 1STATE.Cattle shipped or carried from stock yards, feed yards, or place of sale, auction or barter within state to another point within state not required to be inspected or tested under Laws 1933, page 174.
19-33Dec 7LABOR.Concern charging no fee from applicant or employee, but furnishing training course for compensation to persons seeking employment, is not within Section 13190, requiring a license.
19-33Dec 11STATE HIGHWAY COMMISSION.Tools not in use by Commission may be loaned by them on public project.
20-33Jan 14TAXI DRIVERS.Taxi-drivers required to obtain contract hauler’s permit to transport persons over irregular routes.
20-33Feb 3PUBLIC SERVICE COMMISSION.Commission does not have jurisdiction to discontinue train service where such action would burden interstate commerce.
20-33Mar 21Mr. William DalyWITHDRAWN
20-33May 12ROADS AND BRIDGES.
TAXATION.
Sections 10 and 22 of Art. 10 of the Constitution construed and applied.
20-33June 13COUNTY WARRANTS.Salary warrants held in possession of county clerk for purpose of distribution to payee not subject to garnishment.
20-33June 14STATE BOARD OF CHARITIES AND CORRECTIONS.Power to return minor child to parents.
20-33Aug 3BEER BILL.Brewers or their agents may sell or give away taps, vents or other vending equipment.
20-33Sept 11SALES TAX.When country clubs serve rooms, meals and drinks strictly to their members and not to the general public, such sales are not taxable if the club itself conducts the selling of the rooms, meals and drinks; if same are sold in the name of the club by private individuals for profit, such sales are taxable.
20-33Sept 29RAILROADS.Employee of railroad company who merely authorizes Company to deduct portion of his pay for insurance premiums may revoke such agency at will.
20-33Oct 4NEPOTISM.County official permitting relative to render personal service to him does not violate Section 13 of Article XIV where relative fills no official position and does not render service to the State in such capacity.
20-33Oct 11ASSESSORS.Assessor is entitled to compensation for making additional assessments on income tax returns.
20-33Nov 3MUNICIPAL CORPORATIONS.
GASOLINE TAX.
Municipal corporation is not entitled to refund of gasoline tax on purchases made for the use of the city.
20-33Nov 13TAXATION & REVENUE.Property bought in by County under foreclosure of School Fund Mortgage exempt from general taxes.
20-33Nov 28SCHOOLS.The district may not charge pupils “incidental” fees.
21-33Feb 1DEAF SCHOOL.Right of Board to have Secretary perform duties of Treasurer and act as such.
21-33June 17LIQUOR.Necessity for State license where beer is sold at church picnics.
21-33Oct 9ADMINISTRATION OF ESTATES.Debts due the United States under the State and Federal statutes are entitled to priority over other debts due by the deceased.
21-33Oct 14DRAINAGE DISTRICTS.Laws of Missouri, 1933, page 419, provides for the deduction of the unpaid principal benefits, which are not delinquent, from the land as valued with the improvements, in arriving at valuation for assessment; amount of unpaid benefits shall be ascertained on each tract according to the records of the district.
21-33Nov 3COUNTY SURVEYORS.1. County surveyor must keep records and leave same for new County surveyor.
2. County Court may employ surveyors other than County surveyor to survey river bars and other accreted lands.
22-33Apr 22SHERIFFS.Expense of conveying prisoners to Boys’ Reformatory at Boonville, Mo. should be the actual outlay for conveyance of Sheriff and prisoners by the method and route from starting point to Boonville which is cheapest. If automobile cheaper than rail, former method should be used and if rail is cheaper, train should be used. Total cost of actual necessary traveling expenses should determine the method.
22-33June 3TAXATION.Sale of real estate for taxes provided for in Section 9952-A enacted by 57th General Assembly.
22-33June 9ROADS AND BRIDGES.County Court, under Section 7900, required to pay all of repairs where the repairs exceed $50.00 for one time.
22-33Oct 12NEPOTISM.Daughter of director’s cousin not within prohibited degree; wife of director’s brother-in-law not within prohibited degree.
22-33Oct 17NEPOTISM.Director who is grandfather by marriage to teacher and director who is uncle of teacher are within prohibition of Section 13 of Article XIV; the appointment of director’s wife’s brother’s wife, or second cousin, is not within the prohibited degree.
22-33Dec 19INTOXICATING LICENSE LIQUOR.License for ardent spirits.
23-33Nov 10CITY ASSESSORS.All personal property owned by a resident though held outside the city is assessable for city taxes.
24-33Mar 2SCHOOL FUND.Profits derived from sale of corpus of school fund created under and by virtue of Art. II, Sec. 8 of the Constitution of Missouri must be considered as “increment to principal” as differentiated from “income”.
24-33May 1SCHOOLS.Contract of School Board employing Superintendent for 3 years is not one that is Prima Facie illegal in Missouri but if any collusion shown would be invalid.
24-33Oct 24Board of EducationWITHDRAWN
24-33Oct 25SCHOOLS.
SCHOOL DISTRICTS.
TEACHERS WARRANTS.
As to when suits may lie on a teacher’s contract against the school district and manner of paying teachers’ warrants.
25-33Apr 18MOTOR VEHICLES.Privately owned motor vehicles used in mail service requires Missouri license plates.
25-33May 10BONDS.
SCHOOL BONDS.
Voted and unused can still be used if purpose voted for still exists.
25-33May 16COUNTY DEPOSITARIES.County unable to receive bids in county or adjoining counties may at subsequent term select such depositary.
25-33May 17SCHOOLS – ORGANIZATION OF BOARD.(1) Law requiring board be organized within four days not compulsory but merely directory.
(2) Newly elected member can qualify after four days.
(3) When assembled two members may elect a president or select a teacher.
25-33May 18CONSTRUCTION OF SENATE BILL NO. 50.Date of making up tax books under this bill not applicable to year 1933.
25-33May 24WEEKS CONVENTION BILL.Discussion of provisions for mass meetings.
25-33June 15ELECTIONS.Special election under House Bill 514. Precinct and not wards to be used as voting places. Judges and clerks to be specially appointed for elections under House Bill 514.
25-33June 27SENATE BILL NO. 124.Interpretation as relating to college funds.
25-33July 11SPECIAL ELECTIONS.House Bill No. 514. Opinion as to supplies needed in special elections.
25-33July 21COUNTY DEPOSITORY.Liability of Bank where no bond furnished as provided by law.
25-33Aug 15RAILROAD TAXES-DELINQUENT.Application to payment of school district warrants of railroad taxes delinquent for the year 1932 and paid June 28, 1933.
25-33Oct 5HABEAS CORPUS.Convicts may be taken from the penitentiary under a writ of habeas corpus ad prosequendum and tried on another charge.
26-33Jan 26Hon. John A. EversoleWITHDRAWN
26-33Feb 7SHERIFFS.Fees and mileage for summonsing standing jury.
26-33Mar 7COUNTY COURT.Power of County Court to accept warranty or quit claim deed in satisfaction of school fund mortgage and bond or should they foreclose.
26-33June 7TAXATION.Property subject to assessment Baryties, lumber and ties.
26-33July 7LIQUOR.The necessity of a permit when selling beer at picnic or fair grounds.
26-33July 11GAME AND FISH DEPARTMENT.Who required to have license to fish.
26-33July 14Hon. J. Dorr EwingWITHDRAWN
26-33Sept 26COUNTY DEPOSITORY.Procedure in selection of County Depository; Liability of County Treasurer on official bond in event no depository is selected by County Court.
26-33Oct 11ROADS AND BRIDGES.Refunds under Sections 8127 and 8128, R.S. Mo. 1929, discussed.
26-33Dec 22CRIMES AND PUNISHMENT.Child abandonment means that necessities of life are not provided for child.
27-33Jan 10NEPOTISM.Right of Sheriff to appoint nephew.
27-33Feb 9SURETIES.When surety bond for school fund loan is released.
27-33Feb 11COUNTY COURT.May maintain action against surety on school bond without foreclosure of mortgage.
27-33Mar 17GAME & FISH.Pet deer required by Section 8247 R.S. Mo. 1929 to be licensed under Section 8299 R. S. Mo. 1929.
27-33Apr 5COUNTY COURT.Refund money for roads taken over by State, may be used to purchase farm to market right-of-ways; special road district has no authority to borrow money from county.
27-33Apr 10Hon. Roth H. FaubionWITHDRAWN
27-33May 25PROSECUTING ATTORNEYS.Duty of County to furnish office, stationery, etc.
27-33May 29LIQUOR.Sale of beer by one person under permit issued to another.
27-33July 12ANTI-NEPOTISM.Commission of the township collectors.
27-33July 13FEES.Under Senate Bill No. 124 funds collected prior to Bill going into effect not required to be transmitted to State Treasury. At stated intervals means with reasonable promptitude. Certain exceptions in the Bill.
27-33July 28STATE TEACHERS COLLEGE SWIMMING POOL.Can be promoted by whom, and under what circumstances.
27-33Oct 17SECURITIES DEPARTMENT.Sale of the whole interest in a mining lease is not a certificate of interest under Sec. 7724, R.S. Mo. 1929.
27-33Dec 15COUNTY FUNDS.Federal home owners’ loan bonds as lawful investments for funds of county accumulated to meet funded indebtedness.
28-33Feb 10BANKS AND BANKING.Moratorium - waiver of deposits.
28-33Feb 15BANKS AND BANKING.Right of non-consenting depositors to draw his funds if bank restricts payment of checks.
28-33Mar 10COMMISSIONER OF FINANCE.Expenses of Department chargeable to closed institutions.
28-33Mar 20NEPOTISM.Right of State Finance Commissioner to appoint cousin as deputy commissioner.
28-33Apr 5COUNTY COURTS.Effect of closed banking institutions on payment of funds appropriated by County Court.
28-33Apr 22BANKS.Preferred claims, Senate Bill #293.
28-33Apr 22BANKS.Newspaper Notices discussed, Section 5333, R. S. Mo. 1929.
28-33Sept 12BUS AND TRUCK LAW.Trucks not for hire nor common carriers do not have to have license to deliver from Iowa into Missouri.
28-33Nov 7BLIND PENSION.Fact that person upon one examination may refuse to submit to an operation as ordered by the Commission will not deprive applicant of pension if, according to facts as found by Commission upon a subsequent examination, she is entitled to pension.
28-33Dec 2BLIND PENSION.An income of $600.00 over any consecutive twelve months makes a person ineligible for a blind pension and said twelve months need not compose the actual calendar year.
29-33Jan 18NEPOTISM.Right of Collector to employ brother-in-law’s wife as a deputy.
29-33Jan 23COUNTY COURTS.Pro-rating funds when amount collected is less than that appropriated under Section 9874, R.S. Mo. 1929.
29-33Feb 4COUNTY COURTS.Pro-rating funds when amount collected is less than that appropriated under Section 9874 R.S. Mo. 1929.
29-33May 22CHIROPRACTIC BOARD.Date Governor appointed members, when confirmed by senate relates back to date of appointment—Expenses incurred while in discharge of duties payable out of Chiropractic Appropriation fund.
29-33Sept 7PROHIBITION.Fees of enforcement officers for executing search warrants.
29-33Sept 18GENERAL ASSEMBLY.Sec. 12, Art. IV, Appointment of State representative to Federal position.
29-33Dec 8INQUEST COSTS.
WITNESS FEES.
To be paid by county. No witness fees payable to witness detained in jail for refusal to give recognizance.
30-33Feb 2SCHOOLS.Outside use of school property discussed under Secs. 9284 and 9205 R.S. 1929 construed herein. Special meeting duly called may prohibit, but not authorize such use.
30-33Feb 11TAXES.Interest and penalties on back taxes, how divided.
30-33May 4LIQUOR.Holder of a five dollar permit for the sale of non-intoxicating beer cannot allow the original package to be broken upon premises described in the permit. Holder of Ten dollar permit cannot sell in the original package non-intoxicating beer to be taken away from premises where sold.
30-33May 10SCHOOLS.Teacher required to finish term provided sufficient revenue from taxes and state aid will eventually come in for current year to meet warrants issued for salary. Board can make contract for ensuing year before annual election.
30-33July 13STATE HIGHWAY COMMISSION.Highway commission has authority to close state highway temporarily, to establish detours, travelers cannot be compelled to use any particular highway or road and the highway commission has no authority to repair roads other than state highways and detours established by the board.
30-33Aug 8Mr. Ted FrossardWITHDRAWN
30-33Sept 11Mr. Ted FrossardWITHDRAWN
30-33Sept 27SCHOOLS.Relating to the use of State School money apportioned to the several school districts as provided under section 9257, R. S. 1929.
31-33Jan 16GAME AND FISH.Persons or corporations using, owning or building a dam in a river, creek or stream are required to operate fish hatcheries when all requirements of Sec. 8279 are reasonable.
31-33Mar 17GAME AND FISH DEPARTMENT.Right to prosecute for possession of more than twenty-five game fish.
32-33Feb 17TAXATION-ROADS AND BRIDGES.Power of the board of commissioners or Road Districts to levy and collect tax without a vote of the taxpayers. (Not under township organization) Section 8067 R. S. Mo. 1929.
32-33Mar 2COUNTY SUPERINTENDENT OF SCHOOLS.State appropriation, applicability to salary under Section 9463 R. S. Mo. 1929.
32-33Mar 15TAXATION-ROADS AND BRIDGES.A supplementary opinion with authorities showing power of board of commissioners of Road Districts to levy and collect tax without a vote of the taxpayers. (not under township organization). Section 8067 R.S. Mo. 1939.
32-33Apr 10POLICE RECORDS.City of St. Louis discussion.
32-33June 17MOTOR VEHICLES.Reconditioning system of the Ford Motor Company does violate Section 7781 R. S. Mo. 1929.
32-33Sept 26POLICE.Relating to Construction of Section 3952 R. S. 1929 and Officer’s Rights thereunder.
32-33Oct 3COUNTY REVENUE.Payment of past indebtedness of a county cannot be paid out of current revenue unless there be more than a sufficient amount for current expenses.
33-33Jan 17Governor Guy B. ParkWITHDRAWN
33-33Jan 23EXTRADITIONS.Matter of Interstate Extradition.
33-33Feb 2 State right to cede jurisdiction to Federal Government over lands theretofore purchased.
33-33Apr 6Senator B. T. GordonWITHDRAWN
33-33May 4BALLOTS.Validity of Senate Bill No. 82. Fifty seventh General Assembly of Missouri providing for altering form of Presidential Ballot by eliminating name of Electors and printing only names of Candidates for President and Vice-President on the ballot.
33-33May 11BILLS.
COUNTY BUDGET.
Title to bill must contain what, and when germane.
33-33May 11HOUSE BILL.House Bill No. 263 does not violate Article IV, Sec. 28, Missouri Constitution.
34-33June 14LIQUOR.State Fair Grounds, not unlawful for directors to sell concessions for sale of beer therein.
34-33June 15MISSOURI REFORMATORY.Authority of officer of institution to carry arms while attempting to arrest escaped person.
34-33July 26ELECTIONS.City of Kansas City. Who eligible to vote - - Weeks Bill.
34-33Oct 23CIRCUIT CLERKS.
 PROSECUTING ATTORNEYS.
COUNTY WARRANTS.
Cannot apply money collected on salary.
1932 warrants cannot be paid out of 1933 revenue.
35-33Jan 31BANK SHARES.Place of assessment.
35-33Mar 2MOTOR VEHICLE LICENSE.Obtaining motor vehicle license by January 31st, but custom and practice permits to approximately March 15th.
35-33Mar 7COUNTY COURT.Power of County Court to accept warranty or quit claim deed in satisfaction of school fund mortgage and bond or should they foreclose; and cannot knock off or reduce interest.
35-33Mar 10SCHOOLS.City extending its limits shall under Section 9325 (Ipso Facto) have the effect to extend the limits of such school district to the same extent.
35-33July 31DRAINS AND LEVEE DISTRICTS.Power of County Collector to accept warrants in payment of drainage taxes.
35-33Nov 27STATUTES.If the title or caption and the body of bill identifies the statute to be repealed so no doubt exists as to what statute is intended to be effected, it is sufficient.
35-33Dec 29OPTOMETRY BOARD.Fourteen different questions answered with reference to the practice of Optometry in the State of Missouri.
36-33July 20LIEUTENANT GOVERNOR.Powers and duties of Lieutenant Governor in the absence of the Governor.
36-33Sept 1DENTAL BOARD.Application of Senate Bill 124 to funds.
36-33Nov 4MISSOURI DENTAL BOARD.Exhibit submitted by Charles R. Mendlick not sufficient to qualify him to take examination.
36-33Nov 17TAXATION.Tax suit may proceed to judgment after December 31, 1933 if filed before July 25, 1933.
38-33Feb 11ROAD DISTRICT COMMISSIONERS.Have no right to employ themselves. Sections 8031, 8033 and 8038 RSMo. 1929.
38-33Mar 8FARM-TO-MARKET.
STATE HIGHWAY COMMISSION.
Power of State Highway Commission to change route of Farm-to-market road after same located by County Highway Commission.
38-33Apr 11FOOD AND DRUGS.Patent and proprietary medicines may be sold in places other than pharmacies and drug stores.
38-33May 22COUNTY CLERK’S FEES.County clerk must account for fees received in his official capacity in making his return and settlement with the county.
38-33May 26FEES.Right of witness and stenographer to be paid legal fees from fund appropriated to pay election contest expenses.
38-33June 16CIRCUIT CLERK.
COUNTY CLERK.
Salary of Circuit Clerk, Section 11786, R.S. Mo. 1929.
Salary of County Clerk, Section 11811, R.S. Mo. 1929.
38-33June 20PROSECUTING ATTORNEYS.Prosecuting Attorney not entitled to any compensation in addition to salary for work done in connection with case in which County was party.
38-33July 24BOARD OF BARBER EXAMINERS.Allowed expense accounts – under what circumstances.
38-33Sept 23NEPOTISM.Official, offending provisions of Section 13 of Article 14, unless he voluntarily resigns, must be removed by quo warranto; the fact that related appointee afterwards resigns does not prevent forfeiture of office under Section 13 of Article 14.
38-33Sept 30NEPOTISM.Treasurer of school district comes within the prohibition of Section 13, Article 14 of the Constitution of Missouri.
38-33Oct 2TAXATION.Accounts receivable identified as personal property subject to assessment for purposes of taxation.
38-33Oct 4NEPOTISM.Recorder receiving personal services from wife does not violate Section 13 of Article XIV of the Constitution of Missouri, as she does not render service to the State in an official capacity.
38-33Nov 3MARRIAGE.Authority of an alien to perform.
38-33Nov 17PROSECUTING ATTORNEY.Special prosecutor not entitled to compensation.
38-33Nov 21TAXATION.Accounts receivable identified as personal property subject to assessment for purposes of taxation.
38-33Nov 22OFFICERS.Secretary of Optometry Board serves at pleasure of Board.
39-33Aug 8CHILDREN.Duties of State Home relative to returning and committing children. Guardianship.
39-33Aug 11CITIES AND TOWNS.Authority of cities and towns to license insurance agents.
39-33Oct 14APPROPRIATIONS.Construction of appropriation act not in conformity with a general statute – state Children’s Bureau and Children’s Home.
39-33Dec 30AUTO LICENSE PLATES.
FEDERAL LAND BANKS.
Required on automobiles of Government agents.
Required to procure license tags for automobiles.
40-33July 13MOTOR VEHICLES.Rule as to determining capacity of trucks.
40-33July 25ACCOUNTING OFFICER.County clerk is accounting officer under Laws of Mo. 1933, p. 340.
41-33Jan 26CIRCUIT CLERK.
COUNTY CLERK.
COUNTY SUPERINTENDENT OF SCHOOLS.
SALARIES.
Section 11786, R. S. Mo. 1929.
Section 11811, R. S. Mo. 1929.
Section 9465, R. S. Mo. 1929.
41-33Feb 21SPECIAL ROAD DISTRICT COMMISSIONERS.Mayor and city aldermen members’ rights of vote selecting commissioners. Section 8026, R.S. Mo. 1929.
41-33Apr 19ROADS AND BRIDGES.Power and pipe line taxes apportionment to road districts, special and general.
41-33June 30TAXATION AND REVENUE.Bonds issued by state and municipality are not exempt from taxation.
41-33Sept 15NEWSPAPERS.Sec. 13775 – must be published regularly and consecutively one year before legal notices are valid.
41-33Oct 13MUNICIPAL CORPORATIONS.Franchise to electric light company in city of the fourth class as requiring vote of inhabitants.
41-33Dec 5TAXATION.Interest on delinquent taxes determined by section 9952, page 429, Laws of Missouri 1933.
42-33July 26HOUSE BILL.
PHARMACISTS.
A. Druggists required to have permit only for selling ethyl alcohol or wine.
B. Doctors not required to have permit.
42-33Aug 2NATIONAL RECOVERY ADMINISTRATION.Does the President’s employment agreement of July 27, 1933 apply to employees of State Warehouse Department.
42-33Oct 18PUBLIC FUNDS OF COUNTY.County court may require collector to give new bond or additional security; it is the duty of the Prosecuting Attorney, upon request of the county court, to take such legal action as may be necessary for the preservation and protection of public funds of the county.
42-33Oct 31NEPOTISM.The civil rule should be used in computing the relationship under Section 13 of Article XIV of the Constitution.
42-33Dec 27COSTS AND FEES.In appeal to Supreme Court, fees or clerk for making out transcript shall be paid by the state or county if defendant is unable to pay the same, but clerk cannot require payment in advance.
43-33June 2ELECTIONS.Special elections can only be held when provided for by law.
43-33June 13GAME AND FISH DEPARTMENT.What and when fish may be gigged or speared.
43-33July 12ROADS AND BRIDGES.Vacating of roads for non-use.
43-33Aug 1PENAL INSTITUTIONS.Salaries of Director and Commissioners; effective date of reduction of salaries.
43-33Sept 23MUNICIPAL ELECTIONS.Vacancy in office of Assessor of Warrensburg, Missouri.
43-33Nov 10FEDERAL TAXATION.
EXEMPTION OF AGENCY OF THE STATE.
Missouri Training School at Boonville, being an instrumentality or agency of the state in carrying on a governmental function, cannot be required to pay the Federal Process tax.
43-33Nov 23GAME LAWS.Legal interpretation of still-hunting.
43-33Dec 28TAXATION.
EXEMPTION OF AGENCY OF THE STATE.
Missouri Training School at Boonville, being instrumentality of the State and carrying on governmental function, shall not be required to pay Federal processing tax on wheat raised or purchased by it and milled.
44-33Jan 12Mr. Jos. B. Thompson, Sup’tWITHDRAWN
44-33Jan 20INSURANCE.May only issue insurance policies in conformity to the Missouri Laws.
44-33Jan 25SHERIFF’S FEES.Section 1870, and Section 11789, R.S. Mo. 1929.
44-33Feb 27SHERIFF’S FEES.Section 1870, and Section 11789, R. S. Mo. 1929.
44-33Apr 7OPERATOR OR CHAUFFEUR.License required, but no license obtainable in either case under age of eighteen.
44-33May 9INHERITANCE TAX.Ruling on Estate by entirety.
44-33May 12INSURANCE DEPARTMENT.What constitutes an insurance contact and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
44-33May 25INHERITANCE TAX.War Risk Insurance Service – connected disability adjusted compensation. Not subject to inheritance tax.
44-33May 26INHERITANCE TAX.Construction of Will. Stranger taxes five per centum.
44-33May 27Mr. Byron A. StewartWITHDRAWN
44-33June 1INHERITANCE TAX.Non-resident of state allowed same exemptions as is resident.
44-33June 7INHERITANCE TAX.Suggestions relating to procedure thereto.
44-33June 9INHERITANCE TAX.Age of majority of distributee fixed by the law of the domicile of the ward.
44-33June 20INHERITANCE TAX.Forgiveness of a debt subject to taxation.
44-33June 21INHERITANCE TAX.Bequest for funeral expenses of sister-in-law subject to tax.
44-33July 19INHERITANCE TAX.Taxation of life estate.
44-33Aug 21INHERITANCE TAX.Bequests to Missouri charity not subject to tax.
44-33Aug 25Hon. Penn BraceWITHDRAWN
44-33Sept 20INHERITANCE TAX.Taxation of bequest to adopted daughter and husband.
44-33Sept 27INHERITANCE TAX.Contingent remainder taxable though original bequest made before inheritance tax passed.
44-33Sept 28SCHOOLS.Endorsement of second grade certificate. Teacher must have certificate throughout term of school.
44-33Oct 4INHERITANCE TAX.Transfer by will subject to tax regardless of motive or consideration.
44-33Oct 4Mr. George EigelWITHDRAWN
44-33Oct 5Hon. Richard R. NacyWITHDRAWN
44-33Oct 14Messrs. Lawson & HaleWITHDRAWN
44-33Oct 27Ryland, Stinson, Mag & ThompsonWITHDRAWN
44-33Nov 10LEGISLATURE.Validity of the Act of extra session introduced prior to message on subject.
44-33Nov 13INHERITANCE TAX.(a) Where property passes by will by virtue of power of appointment contained in earlier will, the transfer is taxed as part of the estate of the decedent who died last.
(b) The relationship of the grantee to the donee of the power determines the rate of tax.
44-33Nov 14INHERITANCE TAX.A contingent remainder is taxable although the original trust was created prior to the passage of the Mo. Inheritance tax law.
44-33Nov 15INHERITANCE TAX.Advancements, as such, are not subject to the Inheritance Tax Laws of the State of Missouri.
44-33Nov 16INHERITANCE TAX.A bequest to A for life and remainder to heirs is a contingent remainder.
A contingent remainder is taxable although the original bequest be made before the Inheritance Tax Law of the State of Mo. was passed.
45-33Apr 25BANKS AND BANKING.The McCawley Act does not apply to banks being liquidated.
45-33May 9Mr. Arch A. JohnsonWITHDRAWN
45-33July 8ELEEMOSYNARY INSTITUTIONS.Commission for the Blind transferred to Board of Managers of Eleemosynary Institutions. Board of Charities and Corrections abolished—Home at Carrollton placed under supervision of the Board of Managers of State Eleemosynary Institutions.
45-33July 14PROSECUTING ATTORNEY.
FEES.
In what form to be paid to the County Treasurer.
45-33July 26ELEEMOSYNARY BOARD.Validity of contract with member of Board made prior to appointment to such Board.
45-33July 30COUNTY TREASURER.Salary within discretion of county court.
45-33Aug 1ELEEMOSYNARY INSTITUTIONS.Duties and power may not be delegated to sub-board but must be performed by board as provided by statute.
45-33Aug 4LIQUOR.Cities of third class – licensing vendors for an occupation tax.
45-33Aug 16NATIONAL RECOVERY ADMINISTRATION.Hours of work for Barbers.
45-33Aug 18TAXATION.Expense of publication of list of delinquent lands not chargeable to County, Section 9952b.
45-33Aug 28STATE PURCHASING AGENT.Authority to authorize emergency direct purchases.
45-33Sept 13COUNTY TREASURER’S BOND.Amount of under Section 9266 & 12133 R. S. 1929.
45-33Sept 15NEPOTISM.
EMPLOYEES.
Grandson of mother’s half-brother not within fourth degree, using civil law method of computing relationship. Appropriation act permits employment of temporary help.
45-33Oct 21ELEEMOSYNARY INSTITUTIONS.Holding that the Board of Managers of Eleemosynary Institutions have no authority to grant lands or interest in same without act of the General Assembly.
45-33Oct 25CIRCUIT CLERKS.Salary of Clerks and deputies affected by Sections 11786 and 11812, p. 369, Laws 1933.
45-33Nov 1ADVERTISEMENTS.Advertisements for bids by State Purchasing agent – where placed.
45-33Nov 20GENERAL ASSEMBLY.Are constitutionally within the scope of the proclamation of the Governor convening the Extra Session of the 57th General Assembly of the State of Missouri.
45-33Nov 28CONSOLIDATED SCHOOL DISTRICTS.1. Board of Directors in Consolidated School District can compel children living in a certain ward district to attend the building in that ward.
2. When a ward building is closed the Board of Directors of the District must pay the transportation of all children living in that ward who live more than three and one-half miles from any proper school.
45-33Dec 16ELEEMOSYNARY BOARD.
STATE PURCHASING AGENT.
Without authority to purchase real estate.
To purchase real estate for Eleemosynary Board.
45-33Dec 28ELEEMOSYNARY INSTITUTIONS.Fund in hands of steward should be used according to the wishes of the donor.
46-33May 11DEPARTMENT OF PENAL INSTITUTIONS. MOTOR VEHICLES.Department of Penal Institutions has right to manufacture license plates and road signs under Senate Bill 204.
46-33May 17 Marginal releases in Recorder’s Office.
46-33Sept 30SCHOOLS.Tuition required and allowed for non-resident high school pupils.
46-33Dec 6Hon. George C. JohnsonWITHDRAWN
47-33Jan 26PROSECUTING ATTORNEY’S SALARY.Refund of sums paid in excess thereof – Section 11314, R.S. Mo. 1929.
47-33Feb 7COUNTY DEPOSITARY.Banks in county or adjoining counties entitled thereto – Section 12189 R. S. Mo. 1929 – Preference where no bond given.
47-33Feb 8COLLECTOR.Fee for collecting delinquent railroad taxes as constituted under Section 10044 R.S. 1929.
47-33Mar 7CRIMINAL COST.State must pay the cost accruing on failure to convict on penitentiary charge.
47-33Mar 11POOL HALLS.Requirement for license by County Court.
47-33Mar 25SCHOOL.Majority of taxpayers voting at election under Sec. 9225 R. S. Mo. 1929, increases tax levy.
47-33May 5CRIMINAL COSTS.Physician’s service ordered by state to examine defendant not part of State’s costs.
47-33June 6TOWNSHIP COLLECTORS.Must account for funds due State and County as prescribed by statute.
47-33Oct 3NEPOTISM.Public officer appointing child in office who is not appointed to an official position and who is not rendering service in an official capacity, does not violate Section 13, Article 14 by having son render personal service to him.
47-33Nov 2OFFICERS, SOLDIERS AND MARINES.Right to vote in Missouri.
48-33July 22TAXATION.No authority to bring suit for delinquent taxes after July 24, 1933 – Senate Bill 94.
49-33Jan 31APPROPRIATION BILLS.May originate in either house.
49-33Apr 6REFUNDS.Application of money refunded Buchanan County for improvements on roads built where same have been taken over by the state.
49-33June 2LIQUOR.
CITIES, TOWNS AND VILLAGES.
Towns, villages, and cities of fourth class cannot prohibit sale of “Non-intoxicating beer” within three hundred feet of church, but can regulate and control same and how.
49-33Aug 7ELECTIONS.Absentee voter.
49-33Aug 18PHARMACISTS.What constitutes the meaning of retail druggist as referred to in Missouri Statutes.
49-33Oct 21SCHOOLS.School districts are prohibited from insuring in Farmer’s Mutual Insurance Companies where the assessment liability is unlimited, irrespective of Section 6063a, Laws of Missouri 1931, page 240, but may insure in assessment company or other company where liability is fixed and would not exceed in any year the revenue provided for such year.
49-33Nov 20TAXATION AND REVENUE.Assessments – False Return – statutory method of altering so as to include omitted property.
50-33Nov 3SCHOOLS.Compelling members of school board to publish annual reports.
51-33May 18LIQUOR.
MERCHANTS LICENSE.
Merchants’ license as applied to the beer law in Moberly.
51-33Dec 27TAXATION.Inquest fees which are deemed criminal costs may be used to offset delinquent back taxes, otherwise taxes can only be paid as provided for in Section 9911, R. S. Mo. 1929.
52-33Mar 28 SCHOOL BOARDS.Operating themselves buses for the transportation of children to and from school, when buying directly from the manufacturer or their agent are exempt from the payment of Federal taxes on gasoline.
52-33Apr 3SCHOOL.Majority of taxpayers voting at election under Sec. 9225 R.S. Mo. 1929, increases tax levy; and who is a tax-payer.
52-33Apr 10Hon. Chas. A. LeeWITHDRAWN
52-33Apr 13HIGH SCHOOL LEVY.Taxpayer Voter. (Supplemental opinion) to be attached to opinion of April 3rd 1933. “Who Is A Taxpayer”.
52-33June 17STATE SUPERINTENDENT OF SCHOOLS.
VOTING IN SCHOOL DISTRICTS.
Question of right of employees of McCune Home, Jackson County to vote on school affairs.
53-33Feb 1BOARD OF CURATORS.Authority to hire and fix salaries of teachers, instructors, officers and employees.
54-33Jan 11TRUCKMAN’S LICENSE.Truckman’s license and permit for delivery of livestock.
54-33Feb 20COUNTY COLLECTOR.
SURETIES.
Right of non-resident sureties to withdraw on petition from bond of county collector.
54-33June 27TAXATION.Collection of delinquent taxes of cities of the fourth class provided for in Section 6695, R. S. Mo. 1929, not affected by Senate Bill 94 or 96 amending Chapter 59.
54-33Aug 14LINCOLN UNIVERSITY.
STATE UNIVERSITY.
Member of Board of Curators who is editor of and stockholder in newspaper may distribute rotogravure section advertising university without compensation to the distributing paper.
54-33Oct 4Mr. Minor C. LivesayWITHDRAWN
54-33Oct 23STATE HIGHWAY REFUNDS.
ROADS AND BRIDGES.
COUNTIES.
Township is not entitled to share in the proceeds on the refund by the State Highway Commission on account of bridges built by the proceeds of a County bond issue.
56-33Feb 11COUNTY COURT.Right to order tax illegally collected to be re-distributed.
56-33Mar 18COUNTY REVENUE.County court cannot issue warrants in excess of the anticipated revenue of any one year under Art. 10, Sec. 12, Mo. Const., but may transfer unused or surplus funds from one department to another.
56-33Mar 31OFFICERS.Appointive – Salary- Tenure – Beginning of Term.
56-33May 31PROSECUTING ATTORNEY.Expenses of prosecuting attorney in change of venue cases.
56-33June 22LIQUOR.A permit issued to a wholesaler permits said wholesaler to distribute from any part of the state and from as many places in the state as he so desires; provided, however, that his business is conducted from several places in good faith and not to evade the permit tax provided in House Bill No. 23.
57-33Mar 8AGRICULTURAL PRODUCTS.License required for sales under Sections 7289 and 13312 R. S. Mo. 1929.
58-33Feb 1COUNTY JUDGES.
CITIES, TOWNS AND VILLAGES.
1. Salary of County Judges, Sections 11808-2092-655.
2. Municipalities Cities of the 4th class quorum when mayor can vote.
58-33Feb 18MOTOR VEHICLES.In matter of giving away car under plan of Motor Vehicle Dealers Association of Kansas City, Mo.
58-33Mar 15CONGRESSIONAL DISTRICT.Status Congressional Districts of Missouri with reference to circulating referendum petition under state constitution.
58-33Mar 29BLIND COMMISSION.Reasonable Notice Discussed.
58-33Apr 3SCHOOLS.Railroad, tax money in county treasury, when county court can distribute.
58-33Apr 5HIGH SCHOOLS.Per-pupil cost of tuition; outside high school students, and how arrived at, and how paid.
58-33Apr 6LIQUOR.Right of licensed druggist to sell-non-intoxicating beer under Act approved March 15, 1933, legalizing manufacture and sale of beverage having not exceeding 3.2 per cent alcoholic content.
58-33Apr 19RECORDER OF DEEDS.Recordability of instruments subordinating lien of deed of trust to easement.
58-33May 15RECORDER OF DEEDS.Recordability of instrument subordinating lien of deed of trust to easement – Section 3081, 1931 Session Acts, p. 174.
58-33June 7PEDDLERS LICENSE.Is State license good in each county of State?
58-33June 14UNIFORM SEED LAW.Sale without labels is violation thereof.
58-33July 25SCHOOLS.Interpretation of Sections 9470 and 9474 R. S. Mo. 1929.
58-33Aug 3LIQUOR.Wine containing 3.2% alcohol cannot be legally sold in Missouri.
58-33Oct 4COUNTY COLLECTOR.May not collect over-payment of taxes from County Court.
58-33Oct 20SCHOOL DISTRICTS.Where single owner owns land located within three different school districts, county clerk, in assessing the amount of school taxes, should take the value of the land located in each district, in arriving at the amount of taxes due each school district.
59-33Feb 15COUNTY COURT.Right to compromise taxes, Section 9950, R.S. Mo. 1929. Rights in correcting errors, Section 9950, R. S. Mo. 1929. Collector’s liability, acting under an unauthorized order of county court.
59-33May 2BUILDING AND LOAN ASSOCIATIONS.Right to engage in insurance business as insurer or agent.
59-33May 4BUILDING AND LOAN ASSOCIATIONS.Rules and regulations that may be made by the Supervisor under Senate Bill Number 263.
59-33June 9BUILDING AND LOAN ASSOCIATIONS.Fees required to be paid Supervisor for examination of “Participating Reserve Fund.”
59-33June 9BUILDING AND LOAN ASSOCIATIONS.Ratio or pro rate in which matured shares should be paid.
59-33June 24BUILDING AND LOAN ASSOCIATIONS.Approved form of permanent stock certificate.
59-33July 11BUILDING AND LOAN ASSOCIATION.Free shares of stock owned by borrowing shareholders may not be credited on loan or notices withdrawal value, but such free shares withdrawn and pro-rated according to the statutes.
59-33July 29BUILDING AND LOAN ASSOCIATION.Rent for office space not chargeable to appropriations made for B. & L. supervision.
59-33Aug 4BUILDING AND LOAN ASSOCIATION.Right to enter into an agreement to extend payment of note and deed of trust.
59-33Aug 7BUILDING AND LOAN ASSOCIATION.Home Owners “Loan Corporation” bonds may not be accepted by B & L Associations.
59-33Sept 2BUILDING AND LOAN ASSOCIATION.Shares pledged as security for loans not to be sold as collateral but must be withdrawn and withdrawal value applied on loans.
59-33Sept 6BUILDING AND LOAN SUPERVISOR.Power to appoint local attorney discussed.
59-33Sept 8BUILDING AND LOAN.Withdrawing shareholders not entitled to subsequent dividends or earnings.
59-33Sept 21BUILDING AND LOAN ASSOCIATION.Home Owner’s Loan Corporation bonds.
59-33Nov 15BUILDING AND LOAN ASSOCIATION.“Mutuality” necessary in all Building and Loan plan of stock.
59-33Nov 16JURORS.Jurors not on the regular panel but who are retained on the panel of qualified jurors from which the jury is selected, are entitled to their per diem and mileage.
59-33Dec 6APPROPRIATIONS.
BUILDING AND LOAN ASSOCIATION.
Bureau of Building and Loan Supervision emergency fund construed.
60-33Jan 28PROSECUTING ATTORNEY.
CIRCUIT CLERK.
Cannot apply money for collection of fees to payment of salary, must be paid into county treasury. Sec. 11315, 11314, 11317, 11813, 11814, 11816, 11817, 11830, R.S. Mo. 1929.
60-33Mar 3GASOLINE TAX.Gasoline tax is legally enforceable on tractors and maintainers owned by townships, counties and contractors.
60-33Mar 31COMMISSIONERS.
NEPOTISM.
Right to accept contracts for work performed in their districts.
Right of Commissioner to employ relatives.
60-33June 3INDIGENT PERSONS.
INSANE PERSONS.
Resident requirement and who responsible for upkeep in State Hospital.
60-33June 5COUNTY TREASURER.County Treasurer to effect settlement with County Court for County funds – how?
60-33July 29INFORMATION.Opinion on form of Information.
60-33Aug 8PHARMACISTS.Does pharmacist have to secure permit from County Court to fill physician’s prescription under the act of 1933, (Session laws of Mo. 1933, p. 277). Relating to medical prescription for intoxicating liquors.
60-33Aug 22LIQUOR.Right of the Food & Drug Commissioner to revoke permits by a summary procedure.
60-33Sept 1BOARD OF HEALTH.Qualifications of applicant for medical license.
60-33Oct 4NEPOTISM.Public officer receiving personal service from daughter does not violate Section 13, Article XIV, where daughter is not appointed to an official position.
60-33Oct 7BOARD OF HEALTH.Without authority to issue temporary or conditional license to practice medicine.
60-33Oct 7INSANE PERSONS.Opinion relating to the liability of counties for the cost of the criminal insane transferred from the penitentiary to state hospitals for the insane upon the warrant of the Governor.
60-33Oct 17NEPOTISM.Section 13 of Article XIV of the Constitution of Missouri does not prohibit the appointing by a public officer of a second cousin. It prohibits the appointment of first cousin and those more closely related, and the civil rule is to be used in computing the relationship.
60-33Nov 17BOARD OF HEALTH.Jurisdiction of Board of Health to protect city water supply from pollution by city sewer, Jefferson City.
60-33Nov 22TAXATION.Construction of the word “destruction” as used in Section 9963b, p. 448, Laws of Missouri 1933.
60-33Dec 8SCHOOLS.Interest compounded on county school mortgages not to be cancelled by county court.
61-33July 22SCHOOLS.Special State aid under Sections 9220, 9223 and 9431 R. S. Mo., 1929, not to be pro-rated or affected by laws of 1931, page 334.
62-33Jan 16COUNTIES.Refunds from State, taking over bridge to which county contributed, may be put in general revenue fund of county by county court. On transfer or paying back to other counties their contribution no commission allowable under 12316, R.S. 1929.
62-33Sept 14CITIES OF THE THIRD CLASS.Must issue Sewage Disposal Bonds under Section 7276.
63-33May 23ASSESSORS.
TAXATION.
Sections 10025 and 9760 discussed. Assessment of local property other than distributable. Time of assessor.
63-33June 14PROPERTY TAX.Tax commission has no jurisdiction to reassess property if resort to county board of equalization is not made before applying to tax commission.
63-33Aug 8TAXATION.Various problems concerning the application of Senate Bill 94 to the collection of delinquent State and County taxes.
63-33Nov 15TAXATION.Various problems concerning the application of Senate Bill 94 to the collection of delinquent State and County taxes.
64-33Feb 17SHERIFF’S RESIDENCE.County court’s duty in relation thereto. Sections 8524 and 8526, R. S. Mo. 1929.
64-33Mar 1TOWNSHIPS.Has authority to appropriate money from the General Road Fund to secure right-of-way and turn same over to State Highway Commission for construction and maintenance of state highways thereon.
64-33Mar 17TAXATION.Suit for taxes delinquent Jan. 1, 1933. Cannot be joined in suit begun in 1933 for taxes delinquent Jan. 1, 1932.
64-33Apr 10OSTEOPATH.Right to practice medicine and surgery, write prescriptions.
64-33May 3BANKS AND BANKING.Par value of shares of stock—Amount necessary for director to own discussed.
64-33May 11SCHOOLS-NEW OR OLD DISTRICTS.Should be left with at least $50,000 assessed valuation and 20 school pupils or 8 square miles and 20 school pupils.
64-33May 25BANKS AND BANKING.Preferred stock set out in articles of agreement must be subscribed and paid up before incorporation.
64-33May 27BANKS & BANKING.Sec. 5312 R.S. of Mo. 1929 and subsequent sections thereto provide that the Commissioner of Finance must consider certificates of indebtedness issued in pursuance to said sections of the statutes as restoration of capital for the purpose of determining whether banks should be closed or not in the interest of creditors.
64-33July 24COMMISSIONER OF FINANCE.Authority to appoint special deputy to supervise liquidation and pro rate expense to defunct institutions.
64-33July 25TRUST COMPANIES.No power to purchase the majority of the Stock of a National Bank.
64-33July 25PROCESS AGAINST CORPORATIONS.Process against corporations charged with a crime is obtained – how?
64-33July 28FERRIES.
HIGHWAYS.
Grant of license by county court does not authorize in itself the use of landing.
Public has no right to use as landing places.
64-33Aug 1PUBLIC OFFICERS.Vacancies by resignation or abandonment.
64-33Aug 5BANKS AND BANKING.Liabilities of stockholders in a National Bank.
64-33Sept 19BUS AND TRUCK LAW.Prosecutions for violations of sub-division (c) Sec. 5270, Laws of Mo. 1931 in county where acceptance was made.
64-33Sept 26FEES.Relating to Fees of Prosecuting Attorneys in Change of Venue.
64-33Sept 28BANKS AND BANKING.Proper parties to distribute special deposits in restricted banks.
64-33Oct 6NEPOTISM.Where Board votes unanimously in favor of a teacher, director who is first cousin of teacher violates Section 13 of Article XIV of the Constitution of Missouri.
64-33Oct 10TAXATION.Personal property of World War Veteran not exempt from taxation.
64-33Oct 11BANKS & BANKING.Construction of House Bill 91 – Laws 1933, page 405. Depositors permitted to participate in reorganization plan of bank.
64-33Oct 13BANKS & BANKING.Public deposits of State, county, cities and school districts come within the exception of the Federal Reserve Act permitting member banks to pay interest on demand deposits.
64-33Oct 17COUNTY WARRANTS.(1) Warrants are acceptable in payment of taxes.
(2) The County Treasurer should accept and give credit to the collector for county warrants accepted in payment of taxes in the monthly settlement of the collector.
(3) Must the county warrant be presented by the original payee, or is it acceptable from the assignee?
64-33Oct 21LIQUOR.Permit for rectifying whiskey in Missouri.
64-33Nov 16BANKS & BANKING.Res judicata applied to judgment against a restricted bank.
64-33Nov 23BANKS & BANKING.Constitutionality of House Bill No. 92, Senate Bill No. 43, Extra Session – Capital notes issued by bank or trust company.
64-33Nov 27SCHOOLS.
SCHOOL BOARD ELECTION.
Qualifications of voters thereat.
64-33Dec 4BANKS & BANKING.May the capital of a new bank be provided by assignment of the assets of an old bank? May the new bank adopt the name of the old bank?
65-33Apr 24COUNTY DEPOSITORIES.Designation of County Depository.
65-33July 7DEPARTMENT OF PENAL INSTITUTIONS.Not liable in suit for damages for negligence.
65-33Sept 14RESTAURANTS.City ordinance governing sanitary conditions.
65-33Oct 11Hon. Lee MullinsWITHDRAWN
65-33Oct 27SURETY BONDS.Executed to Athletic Commission may or may not be cancelled at the mere pleasure of the Commission.
65-33Nov 14AUTOMOBILES.1. Dealer resident of Missouri running cars from another state in Missouri to negotiate sales must use Missouri dealers licenses on them.
2. Dealer may not use dealers licenses for private purposes and pleasure.
65-33Nov 17COUNTIES.
COUNTY BUDGET LAW.
PLEDGING OF WARRANTS.
Under Section 12184a, Laws of Missouri 1933, page 358, County Court may not issue warrants now or in the future to pay back indebtedness and pool and pledge them under said Section; the Section only applies to warrants already issued and outstanding; such construction compelled by provisions of County Budget Act.
66-33Apr 12COUNTY COLLECTOR.Maximum amount in commissions County Collectors can retain as compensation.
66-33Apr 16LIQUOR.Wholesale permittee cannot sell to another wholesale permittee—Permittee for consumption where sold cannot sell in original package to be consumed elsewhere than where sold.
66-33May 19LIQUOR.The use of beer on trains with diner attached.
66-33May 20TREASURER’S DRAFT.Not required to be surrendered to endorser.
66-33May 24WORKMEN’S COMPENSATION COMMISSION.
ATTORNEYS AT LAW.
To represent a claimant before the commission one must be a member of the Bar.
66-33June 1AWARD.Right of Mortgagee to award made under condemnation proceedings.
66-33June 15PAPER AND STATIONERY.Duties of Commissioners of Public Printing under Sec. 13806 R. S. of Mo. 1929 in view of Senate Bill 192.
66-33June 30LIQUOR.Successor to Food and Drug Commissioner.
66-33July 10INSURANCE.Mutual casualty companies organized under Article 7, Chapter 37, is entitled to license to write surety insurance.
66-33July 14CONTRACT.Workmen’s Compensation Commission, right to terminate Tabulating Machine Company contract at end of quarter.
66-33Aug 21STATE TREASURER.Right to make sales of real and personal property in view of State Purchasing Act.
66-33Aug 29STATE HIGHWAY DEPARTMENT.Salaries of all employees.
66-33Aug 30ARSON.Burning of unoccupied dwelling house by owner is criminal offense.
66-33Sept 30TAXATION.
ASSESSMENTS.
Separation of powers of County Assessor and City Assessor within such county.
66-33Oct 27TAXATION.Institution of suits not stayed by Senate Bill 80.
67-33Sept 11JURIES.Board of Jury Commissioners in counties of 200,000 to 400,000 inhabitants receive no compensation, and have no power to appoint clerks or assistants.
67-33Nov 29LEGAL PUBLICATIONS.What newspaper may be selected for publication under R. S. Mo. 1929, Sec. 7074 when no newspaper published in city.
69-33Apr 8COUNTY COURT.What may be accepted as collateral to secure county funds?
69-33Apr 24TOWNSHIP COLLECTOR’S BOND.Section 12279, R. S. 1929.
69-33May 4TAXATION OF CORPORATIONS.Business and manufacturing corporations taxed—9764 R. S. Mo. 1929.
69-33May 29INSURANCE DEPARTMENT.Bond of Superintendent may be signed by either or both natural persons or surety companies.
69-33July 8INSURANCE DEPARTMENT.What constitutes insurance contract and doing insurance business? Steuben Health Clinic.
69-33July 18DRAINS AND LEVEES.Duty of Drainage Districts to maintain and erect destroyed bridges.
69-33Sept 12INSURANCE.When insurance company liable for premium tax – Mutual Benefit Health and Accident Association of Omaha, Nebraska.
69-33Oct 9NEPOTISM.Official is not related to wife’s sister’s husband within the prohibited degree; duty of Prosecuting Attorney to remove officials of his county who violate said constitutional provision.
69-33Oct 20LIQUOR.Criminal prosecution not appropriate for unlawfulness in declaring it to be a misdemeanor by the act.
69-33Oct 27INSURANCE.Approval of Declaration - Allied Mutual Insurance Company.
69-33Nov 3Hon. John B. OwenWITHDRAWN
70-33Jan 10CROSS EXAMINATION.Cross examination of witness about prior conviction even though appeal from said conviction was pending.
70-33Apr 14BONDING COMPANY.Bonding Company qualified in Missouri can sign county official’s bond – If County under township organization, County Treasurer must give bond as Treasurer also bond for school district money, and for money received as ex-officio collector – Treasurer failing to give bond and not inducted into office predecessor holds over until Treasurer either is inducted into office or gives bond and qualifies or does all three. Giving bond is a directory and not mandatory provision and has nothing to do with election and qualifying of Treasurer. If Treasurer gives bond after being inducted into office and before ouster proceedings filed, Treasurer cannot be ousted for failure to give bond.
70-33July 13MOTOR VEHICLES.Act relating to transportation of persons and property by motor vehicle; penalty for violation thereof.
70-33July 14TAXATION.Real estate in the custody of guardian for an insane war veteran may be taxed for state and local purposes.
70-33Sept 13SHERIFF.Fees of Sheriff of Macon Co. in extradition proceedings.
70-33Oct 18EXTRADITION.Sufficiency of information.
70-33Dec 5LIQUOR.Constitutionality of SB 51.
70-33Dec 6EXTRADITION.A person paroled from one state and parole thereafter revoked is a fugitive from justice within the purview of the extradition laws.
71-33Feb 1BONDS.
PENAL-PRISONS
Regarding authority for payment of premiums on bonds of state officials.
71-33Feb 6PAROLES.Right of commissioners of the Department of Penal Institutions to approve parole and grant legal discharge.
71-33Feb 9APPROPRIATIONS.
PENAL-PRISONS.
Holding appropriations for state penal board are not available after the two calendar years expires for which the appropriations are made.
71-33Feb 11PENAL INSTITUTION.
CONVICTS.
What days are holidays for convicts?
71-33Mar 9PENAL INSTITUTIONS.Selection of depository, right to preferences in failed banks.
71-33Mar 13PENAL INSTITUTIONS.Right to terminate contract for manufacture goods.
71-33Apr 3PENAL INSTITUTIONS.Right to pay out money convicts acquired under Section 8402 Revised Statutes Missouri 1929.
71-33Apr 11PENAL INSTITUTIONS.What liability insurance, if any, to be carried by Department of Penal Institutions.
71-33May 11PENAL INSTITUTIONS.State Purchasing Agent has the right when Senate Bill 192 goes into effect to make all purchases heretofore made by the Department of Penal Institutions.
71-33May 19BANK AND BANKING.Collection charges on bank drafts cleared during bank holiday.
71-33Aug 17RELIEF OF INSOLVENT CRIMINALS CONFINED.Construction of Section 3859 R. S. Mo. 1929.
71-33Aug 23CRIMINAL LAW.Misbranding of motor oil an offense under Section 4302, R. S. Mo. 1929.
72-33Feb 2CONSTITUTION.Sec 13 of Article V of the Constitution of Missouri, adopted Nov. 8, 1932, is self-enforcing.
72-33Feb 13COUNTY RECORDER OF DEEDS.Marriage license blanks, by whom furnished, Section 11527, R. S. Mo. 1929.
72-33Mar 6COUNTY COURTS.Power of County Courts to compromise taxes after State Board of Equalization has fixed assessed valuations.
72-33June 13HIGH SCHOOL.School District has right to charge tuition on non-residents, the rate to be determined under Sections 14 and 16, Laws of Missouri, 1931, pages 342-344.
72-33June 15TAXATION.
CONSTITUTION.
Property occupied by state militia or National Guard as armories not exempt from taxation.
Section 13870 violates Sections 6 and 7 of Article X of the Constitution of the State of Missouri.
72-33Sept 26CITIES, TOWNS AND VILLAGES.City Council may not appoint Councilman to remunerate his position under City contract.
72-33Oct 18TAXATION AND REVENUE.Laws of Missouri 1933, page 419, imposing upon County Clerk the duty to ascertain benefits in the assessment of drainage and levee districts, makes no provision for compensating the Clerk for such services.
72-33Dec 12PUBLIC SERVICE COMMISSION.
TRUCK PERMIT.
MOTOR VEHICLES.
Trucks of one and one-half ton capacity and less not required to pay truck permit license. Capacity measured how.
72-33Dec 12GAME AND FISH COMMISSIONER.Game and Fish Commissioner and his deputies have a right to inspect hunting licenses of hunters under what circumstances.
73-33Feb 11COUNTY ASSESSORS.Fees to be paid. Section 9806 R. S. Mo. 1929.
73-33Feb 23STATE HIGHWAY.
COUNTY HIGHWAY DEPARTMENT.
Duties, power and rights of State Highway Department and County, under Article 2, Chapter 42, to grade and construct roads with the county.
73-33Mar 31Hon. Leo PolitteWITHDRAWN
73-33Apr 3SCHOOL.Majority of tax payers voting at election under Sec. 9225 R. S. Mo. 1929, increases tax levy; and who is a taxpayer.
73-33May 15FEES.Sheriff in this case not entitled to $1.25 a day fee for keeping prisoner while undergoing examination preparatory to commitment.
73-33June 1DRAINAGE DISTRICTS.Board of Supervisors cannot appoint special collectors to collect tax when the county collectors refuse to give bond for same.
73-33June 30LIQUOR.Permit required to sell beer from whom?
73-33Oct 11PUBLIC FUNDS.Under Section 12186, R. S. Mo. 1929, interest accruing on school funds in public depository shall be credited to school funds respectively, and not otherwise.
74-33Oct 7TAXATION.Judgment for taxes rendered prior to 4-13-33 not subject to Senate Bill 80.
75-33Mar 7COUNTY COURT.Power to employ one of their own members to perform administrative acts.
75-33Apr 21TAXATION.Deposits in United States postal depositories held taxable.
75-33Apr 24TOWNSHIP.Requirements of bond for township depository and county depository; also personal bond for township trustee.
75-33June 2HIGHWAY ENGINEER.Power and authority of County Court to remove Highway Engineer, where he is not ex officio Highway Engineer.
75-33July 13AUTOMOBILE LICENSE.Provisions relating to revocation of.
75-33July 27Hon. Owen C. RawlingsWITHDRAWN
75-33July 28LIQUOR.Various questions answered concerning the Beer Bill.
75-33Sept 27ALIENS.The right of a Hindu to own real estate in Missouri.
75-33Oct 30PUBLIC SCHOOLS.Under Sec. 9329 Laws of Mo. 1931, p. 333, when there is an equal division of the Board in the hiring of a teacher, the Co. Sup’t. has authority when requested by three directors to cast the deciding vote.
76-33Jan 10COUNTY COURT.Right to compromise back taxes.
76-33Jan 13TOWNSHIP ORGANIZATION LAW.Right to repeal enabling act carrying out Sec. 8 of the Constitution of Mo. and filling vacancies in office caused by such repeal.
76-33Jan 30Hon. E.L. RedmanWITHDRAWN
76-33Feb 4SOLDIERS HOME.Board of Trustees of Soldiers Home at Higginsville, Missouri, has authority to appoint and employ superintendent for that Home.
76-33Feb 4COUNTY COURT.Right to regulate directions and locations of billboards.
76-33Feb 28PENAL INSTITUTIONS.Right of officer to make contract beyond his term. Right of Penal Board to make contract without approval of Governor.
76-33Oct 20OFFICERS.In view of Section 11202, county officer may not be removed except for neglect of duty, as specified in Section 11202; mere arbitrary removal or for cause not specified therein would be illegal.
77-33Mar 8CORONER.Duty to hold inquest, When.
77-33Mar 14COUNTY COURT-SCHOOL MORTGAGES.(1) Cannot accept deed but must foreclose mortgage;
(2) Has discretion when to foreclose; in meantime can accept part payment if without extending;
(3) If bid in by county, must be in name of whom.
77-33Mar 24SHERIFF.Right of sheriff to practice law.
77-33May 2LIQUOR.
SALE OF NON-INTOXICATING BEER.
Sale for consumption on premises and sale for consumption off of premises by holders of the two classes of retail permits. When illegal.
77-33July 28SCHOOLS.
SCHOOL DISTRICTS.
Issuing of warrants by a school director.
77-33Oct 17NEPOTISM.While appointments prohibited by Section 13 of Article XIV are illegal, members of the board voting for related teacher, until they resign or have been removed, may function as directors and their actions bind the district; board may not date contract back so as to reward teacher for services performed under illegal contract voted by related directors.
77-33Oct 21FEES OF COUNTY CLERK.1. County clerk making up tax books and using ditto marks to designate townships and ranges allowed to charge for same at rate of ten cents per hundred words and figures.
2. County clerk not allowed to charge for writing the minutes of the County Court Record from which the record of the court is written.
77-33Nov 26SCHOOLS.
SCHOOL DISTRICTS.
Under Section 9217, R. S. Mo. 1929, school districts must accept colored students and then collect the tuition quarterly from the school district sending them.
78-33Feb 24CITIES, TOWNS AND VILLAGES.
RIGHT OF WAY.
Has the City of the third class (Excelsior Springs) the right to deed to the State Highway Commission right of way through public parks for highway road purposes.
78-33Apr 13SCHOOLS.Cannot employ member of school board as teacher and should not employ member for other work. (Sec. 9360 R. S. 1929, does not apply).
78-33May 13Hon. Raymond S. RobertsWITHDRAWN
78-33May 25CHATTEL MORTGAGES.Can a contract for a crop mortgage be filed as a chattel mortgage; priority question.
78-33May 29MARRIAGE LICENSE.When marriage license becomes a public record.
78-33June 12SCHOOL DISTRICTS.Directors of school district cannot be compelled to draw warrants where funds are not available, but such fact is not decisive as to district’s liability for debt.
78-33Aug 14COUNTY DEPOSITORY.Liability of County Treasurer on official bond where no depositary bond given.
78-33Aug 22NATIONAL RECOVERY ADMINISTRATION.Hours of work for grocers.
78-33Aug 24TAXATION.Operative dates of Sections 9969 and 9952 as contained in Senate Bill 94, respecting penalties.
78-33Aug 25BUS AND TRUCK LAW.When a violation of the same.
78-33Aug 29BLIND PENSIONS.Fees of Probate Judges for taking applications for blind pensions.
78-33Sept 6COUNTY DEPOSITORIES.County funds preferred claims in National Banks; where no bids submitted for county funds; county authority to buy U. S. Bonds; power of county treasurer to select depository; Construction of Federal Banking Act on insured deposits.
78-33Sept 20MERCHANT’S LICENSE.Authority of City to levy on Wholesale and retail business.
78-33Sept 23COUNTY DEPOSITORY.Liability of County Treasurer in event no selection by County Court.
78-33Oct 19TAXATION AND REVENUE.Laws of Missouri 1933, pages 255-267 of the Beer Act does not exempt beer from general property taxes. The prohibition contained in Section 13139z10 only forbids cities and counties from levying license and occupation taxes against holders of permits.
78-33Nov 16TAXATION.
REVENUE.
Grain stored in elevators is subject to taxation against the individual owner or corporation owner, according to the general laws regulating other property.
79-33Mar 11MOTOR VEHICLES.Trucks used in State work exempted from regulation by Public Service Commission.
79-33Mar 17GAME AND FISH DEPARTMENT.Right to prosecute for possession of more than twenty-five game fish.
79-33Apr 26PUBLIC SERVICE COMMISSION.What constitutes “suburban territory” in Sec. 5264, 1931 Laws, p. 305?
79-33May 9BLIND PERSONS.Maintained in public, private or endowed institutions.
79-33May 20RECIPROCITY LICENSE LAW.Applies to persons operating under Kansas license tags.
79-33May 22BLUE SKY DEPARTMENT.
CORPORATIONS.
Corporation cannot act beyond the corporate powers and Blue Sky Commissioner cannot supervise securities unlawfully issued.
79-33Aug 23COUNTY DEPOSITORY BOND.Does not cover funds deposited by County Collector under Section 9885, Laws of 1933, page 464.
79-33Aug 26SECURITIES DEALER’S BOND.Under Section 7744 R. S. Mo. 1929, the total aggregate liability of surety on Securities Dealer’s Bond is limited to $5,000.00.
79-33Sept 21SECURITIES.Credit union to pay examination fees.
79-33Sept 22ABSENTEE VOTING.Authority and method in City Election.
79-33Oct 4NEPOTISM.Public officer receiving personal service from wife does not violate Section 13 of Article XIV, where wife is not appointed to an official position.
79-33Oct 18CORPORATIONS, EXTENSION OF FRANCHISE.Building and loan associations are required to pay the fees required under the general corporation laws, Section 4556, and may not extend corporate existence by merely paying the $5.00 provided for in Section 5613, Laws 1931, page 158.
79-33Oct 20INVESTMENT CERTIFICATES.Investment certificates used by corporations making loans on automobiles are under the supervision of the Securities Dep’t. of the State of Mo.
79-33Oct 27COMMISSION FOR THE BLIND.Scope of, powers and duties of.
79-33Nov 27SCHOOLS.
SCHOOL DISTRICTS.
Distance of pupil from school house calculated, how.
80-33Feb 14RECORDER OF DEEDS.
CHATTEL MORTGAGES.
Duty of recorder with reference to filing and recording. Sections 11543, 11544 and 11545. R. S. Mo. 1929.
80-33Feb 14COUNTY COURTS.
SCHOOL FUND MORTGAGE.
Procedure required to foreclose.
80-33Apr 14PENAL INSTITUTIONS.Form of sentence of trial court in sentencing to Intermediate Reformatory. Transfer of inmates to Intermediate Reformatory.
80-33May 12NOTARIES PUBLIC.Deputy Circuit Clerks may take acknowledgments of affidavits of age for marriage licenses.
80-33May 20CONSTABLE FEES.Applicability of Section 11777 and Section 11791 as to fees of Constables.
80-33June 23ELECTIONS-SPECIAL.
SHERIFF-VACANCY IN OFFICE.
Nominations of candidates in special election to fill vacancy in sheriff’s office must be made by central committee or by convention.
80-33June 26BANKS AND BANKING.Delinquent taxes are a preferred claim against the assets of a closed bank.
80-33July 15COUNTY JUDGES.Laws 1933, re population determining salaries. Does not affect present judges holding office.
80-33July 17PENAL INSTITUTIONS.Right to re-number convict on re-sentence.
80-33Aug 5PENAL INSTITUTIONS.Sentence required to be served after return of subject from insane hospital.
80-33Aug 21COUNTY FOREIGN INSURANCE TAX FUND.Sec. 38, Laws of Mo. 1933, p. 85 held unconstitutional.
80-33Aug 28EXTRADITION.Officers’ expenses are paid – in what manner.
80-33Sept 27OFFICERS.
EMPLOYEES.
No person entitled to compensation as de facto officer or employee unless there is a legal office.
80-33Sept 29SCHOOL DISTRICTS.Where there are less than eight colored children of school age in a school district, they shall be sent to school in the nearest district where separate colored schools are maintained.
80-33Oct 21ELECTION COMMISSIONER.Election Commissioner of St. Louis County ineligible for appointment to office auditorium commission of City of St. Louis, Mo., under Section 10535 R. S. Mo. 1929.
80-33Nov 9PENITENTIARY.
WARDEN.
CONVICT.
Authority of law to imprison convicts.
80-33Nov 14Mr. William H. SappWITHDRAWN
80-33Nov 15CONVICTS.
JUDGMENT IN CRIMINAL CASES.
Sentences for escaped convicts to be cumulative.
81-33Jan 10SCHOOLS.Sec. 9340, R.S. 1929, requiring county and township collectors to turn over school moneys of city, town and consolidated districts to treasurer of board of education thereof, modifies Sec. 9264 and 9266, requiring such moneys for all classes of schools paid to county treasurer.
81-33Jan 13SCHOOLS.Section 9217, R.S. 1929, requiring districts to maintain separate schools for negro children resident therein, or in lieu thereof transportation to and tuition in such a school in the county, on penalty for failure of being deprived of public schools funds, is mandatory and State Superintendent of Public Schools should ascertain facts and act thereon in apportioning such funds.
81-33July 26COUNTY ENGINEERS.St. Louis County – right to hire and fire employees of Highway Department.
81-33Oct 26COUNTY WARRANTS. Warrants, school or county, of 1932 issue cannot be paid out of 1933 revenue. Sec. 12140, R.S. Mo. 1929 is the guide for the County Treasurer in the payment of warrants.
81-33Dec 13LIQUOR.
WHOLESALE DRUGGISTS.
Right of Wholesale Druggists to import whiskey for medicinal purposes and ship it to their retail drug customers for medicinal purposes.
82-33Jan 28NON-RESIDENT ATTORNEYS.Effect of prior disbarment in this state, construction of – Sec. 11692, 11693, 11696, Sec. 11703, 11695, R.S. Mo. 1929.
82-33Mar 8CORPORATIONS.Incorporation fees, similarity in names.
82-33Apr 5FOREIGN CORPORATIONS.
CORPORATION SUPERVISOR.
Foreign corporations not entitled to transact business in this state unless qualified.
82-33Apr 12NOTARY COMMISSION.Valid if issued on April 13th, Jefferson Day.
83-33Jan 16SENATE BILLS.Senate Bill No. 427 is unconstitutional.
83-33Sept 15RECORDER OF DEEDS.Affidavits to release deeds of trust if glued in permanent book comply with the statute relative to recording.
83-33Sept 26LEGISLATURE.Election of officers at an extra session.
83-33Nov 14TAXATION.
COUNTY COLLECTORS.
County Collectors have no right to charge County Court for “indexing tax books”.
83-33Nov 29JUSTICE OF THE PEACE.Applicability of R.S. 1929, Sec. 938 to actions in justices’ courts so as to allow continuances when party or counsel is at session of General Assembly as member thereof.
84-33May 23LOSS BY THEFT OF STATE FUNDS BY AN OFFICER.The officer and his bondsmen are responsible for same.
84-33Oct 21TAXATION.Cities are not exempt from paying state gasoline tax on gasoline purchased; occupation taxes upon gasoline dealers levied by cities apply to purchases made by state and its political subdivisions.
84-33Dec 6COUNTY COURTS.May reduce compensation of County Treasurer during term of office.
85-33Jan 26DISTRICT ROAD FUND.Section 8047 and 8060, R.S. Mo. 1929.
85-33June 21COUNTY FARM BUREAU.Suggestion and citation of cases to support county defense in suit by Bureau for appropriation.
85-33Oct 11TAXATION.Fact that a foreign insurance company pays tax upon premiums does not excuse it from paying a property tax upon office of fixtures located within the State; livestock located within this State on June 1st is taxable in the name of the holder or agent though owner is a non-resident.
85-33Oct 13LIQUOR.Quantities of beer stored in county is subject to property tax, even though owner is a holder of a beer permit.
85-33Nov 10COUNTY BUDGET LAW.
COUNTY TREASURER.
In 1934 treasurer should be personally liable for payment of protesting of warrant prior to the date of the filing of the budget, but will not be personally liable for protesting warrants presented in 1933.
86-33Aug 1NATIONAL RECOVERY ADMINISTRATION.Would an agreement entered into by business men as to time for opening and closing of stores, also number of employee work hours per week be contrary to existing state law?
86-33Dec 16LABOR DEPARTMENT.Missouri State Nurses Association is not employment agency within Section 13190, R. S. Mo. 1929.
87-33June 1SCHOOLS.Rolla School of Mines, handling of funds.
87-33June 7ACCOUNTS.Accounts in State Auditor’s office with various departments must be carried according to the appropriations made in House Bill 661, and it is not permissible to group these various divisions for which appropriations are made and carry the aggregate appropriation made for each department in one item.
87-33June 10APPROPRIATIONS.
BLIND PENSION FUND.
Sec. 2-a of House Bill 645 is unconstitutional. Surplus of fund after payment to pensioners and providing for adequate support of Commission must be transferred, if at all, to Public School Fund created under and by virtue of Sec. 6 of Art. XI.
87-33July 13BANKS.
SCHOOLS.
Board of Curators of Rolla School of Mines may withdraw cash from depository for emergency purposes and keep the same as a trust fund in a bank at Rolla, Missouri, to be re-delivered on order of the treasurer or board.
87-33Aug 3COSTS.Informant in insanity matter may be required to give bond for costs under Section 1237 if non-resident before suit is commenced, and if a resident and unsettled in his affairs, may be required to give security under Section 1238 after suit is commenced.
87-33Sept 22CITY COUNCIL-COUNCILMEN.Qualifications and Residence of Councilmen in Cities of the 3rd Class.
87-33Oct 7Mr. Lon StantonWITHDRAWN
87-33Nov 29TAXATION-CITIES, TOWNS AND VILLAGES.
CITY TAXES.
Cities of the third class collected under Senate Bill 94.
88-33Jan 12COUNTY COLLECTOR.County Collector must collect penalties on delinquent taxes, and County Court has no authority to remit the penalties on taxes and school districts have no power to remit penalties on delinquent taxes.
88-33Feb 16SCHOOLS.Authority of School Boards in consolidated high schools and schools having six directors to decide the location and erecting of new buildings.
88-33Mar 21BANKS AND BANKING.
GRAND JURY.
TELEPHONE.
Opinion Letter to Hon. William E. Stewart
88-33May 6SCHOOLS.
ORGANIZATION OF BOARD.
Law requiring board to be organized within four days not compulsory but merely directory. Three members of school board, in case of division of whole board, can call in County Superintendent who shall be considered a member of board for that purpose.
88-33May 26NEPOTISM.Road overseer may not appoint sons to employment – County Court may remove or removable by quo warranto.
88-33July 18ELEEMOSYNARY INSTITUTIONS.Counties liable for clothing of charity patients in Missouri State School.
88-33July 28ELECTIONS.Registration and special election under the Week’s Bill.
88-33Aug 3LIQUOR.House Bill Number 23 does not provide a punishment for sale of beer outside of the premises described in the permit. A person having a permit under Subdivision C of Section 13139e may also have a permit under Subdivision D of Section 13139e, otherwise one person is not entitled to two permits. License cannot be transferred from town to town.
88-33Aug 22STATE HIGHWAY COMMISSION.Salaries of Chief Counsel and legal Assistants.
88-33Sept 1ELECTIONS AND REGISTRATION.Cities of between 10,000 and 30,000 population are required to have registrations, under the provisions of Laws of 1933, pages 239-249.
88-33Sept 1SHERIFF.Duties and fees:
(1) Duty in regard to meeting of County Board of Equalization;
(2) Duty in regard to summoning appraisers;
(3) Fees for bringing prisoners from other counties.
(4) Fees in extradition proceedings; Fees in transferring prisoners from County jail to penitentiary.
88-33Sept 12STATE HIGHWAY DEPARTMENT.Supplemental opinion of salaries of Legal Department.
88-33Oct 14PUBLIC SCHOOLS.Any pupil between ages of 6 and 20 has right to do eighth grade work over after having received diploma and has right to use of free text books.
88-33Oct 23SCHOOLS.A contract with a bus company for free transportation of students is illegal because it does not conform to Section 9197, R. S. Mo. 1929.
88-33Nov 10HIGHWAYS.Authorization of state officials to take necessary steps to secure federal aid.
89-33Apr 7SCHOOL DISTRICTS.Limit of levy for maintenance. Constitution, Sec. 11, Article X.
89-33Apr 13Hon. Edward D. SummersWITHDRAWN
89-33Aug 25TAXATION.Federal check tax does not apply to County warrants.
89-33Sept 1ANTI-TRUST LAWS.Proposed agreement between Westinghouse Electric Manufacturing Company of Pittsburgh, Pennsylvania, and Superior Electric Products Corporation of Saint Louis, Missouri, to the anti-trust laws of Missouri.
89-33Oct 18PAYMENTS OF PAST INDEBTEDNESS OF A COUNTY.County Courts cannot pay criminal cost incurred in past years from current revenue.
90-33Apr 26NEPOTISM.Applies to officials and employees of cities of all classes in the State of Missouri.
90-33Apr 27BUILDING AND LOAN.A – Power of Directors to amend by-laws.
B – Power of Directors to amend by-laws when present by-laws specifically give Board such power.
90-33Sept 13NEPOTISM.Section 13 of Article 14 of the Constitution not violated because teacher marries daughter of director, or because daughter of director is elected by other directors when the related director was not present, had no knowledge and does not participate in her election.
90-33Nov 3LEGISLATURE.Power to designate Supervisor of Food & Drugs administrative head of Liquor Control Acts.
91-33Mar 13SCHOOL FUND MORTGAGE.State is not affected by the laches of its agents in the management and care of school funds.
91-33Mar 28INSURANCE COMPANY.Right of insurance company to loan money on bank stock as collateral.
91-33May 11INSURANCE DEPARTMENT.
CORPORATIONS.
Insurance companies may increase capital stock and issue preferred or common stock therefor and fix the priorities, preferences and voting power of such stock.
91-33May 12INSURANCE DEPARTMENT.What constitutes an insurance contract and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
91-33May 19INSURANCE DEPARTMENT.
CORPORATIONS.
Any insurance company incorporated under Section 5793 R.S. 1929, may increase its capital and issue common or preferred stock therefor and fix the priorities, preferences and voting power of the preferred stock.
91-33June 1TAXATION OF INSURANCE COMPANIES.Insurance Company, though purporting to be organized as an assessment company in foreign states, is taxable under section 5979, where it does business in this State.
91-33June 8INSURANCE DEPARTMENT.What constitutes an insurance contract and the doing of insurance business in this state? Penalty for transacting insurance business in this state without authority.
91-33June 8INSURANCE DEPARTMENT.Insurance Company has right to reduce capital stock under Section 5915, by surrendering stock and distributing surplus assets.
91-33June 15INSURANCE CORPORATIONS.Insurance Company organized under article 4, chapter 37, R. S. Mo. 1929, may incorporate for perpetual term.
91-33June 17TAXATION AND REVENUE.County Courts may compromise “back taxes” under the requirements of Section 9950 R. S. Mo. 1929.
91-33June 20INTERMEDIATE REFORMATORY.Commitments at intermediate reformatory to commence when?
92-33Jan 31STATE TREASURER.Right to collect interest on state deposits after losing of state depository.
92-33Feb 7ASSESSORS.Fees for assessment lists, authority to make in absence of return.
92-33Feb 7COUNTY CLERKS, DEPUTY HIRE.Sec. 11811 counties over seven thousand and less than forty thousand.
92-33Feb 7CONSTABLE.Holding office until successor is elected and qualified.
92-33Apr 21GENERAL ASSEMBLY.Sec. 46, Art. IV, Mo. Constitution of 1875 forbids payment by General Assembly of counsel fee of contestor or contestee in contest for seat in lower House of Mo. General Assembly.
92-33May 4INSURANCE COMPANY.Insurance Company agreeing to accept assignment of unearned premium due from solvent company constitutes discrimination and rebating.
94-33Sept 16FEDERAL AID.Authority to issue bonds for municipal improvements.
94-33Oct 5NEPOTISM.The fact that teacher not related to director at time of appointment afterwards becomes related within the fourth degree will not work a forfeiture of office.
95-33July 22ELECTIONS.City of St. Louis “Qualified electors” under Weeks Bill defined. Who eligible to vote?
95-33Aug 3ELECTIONS.Weeks Bill.
96-33Jan 25Hon. Gordon WeirWITHDRAWN
96-33Mar 16MERCHANTS TAX.Remitting Merchants Tax by collector – Duty of.
96-33May 18SCHOOLS.City, Town and consolidated school districts must advertise and secure depositaries for their funds under Section 9362 and take bond to secure same as provided for under Section 12187.
96-33June 12STATE LIEN.State lien for taxes attached to Insurance only when liability on the company: Tax lien taxes to Insurance money payable as damages to the particular tract against which taxes are assessed.
96-33Nov 4PROSECUTING ATTORNEY.Cannot recover a refund of salary overpaid to him since January 1, 1931.
97-33Oct 17CLERKS OF COURTS OF RECORD.(1) Power of Circuit Clerk to appoint deputy;
(2) Sec. 11812, Laws of 1933, p. 371 governs appointment of deputy since July 24, 1933.
97-33Nov 21PROSECUTING ATTORNEYS.
BONDS OR RECOGNIZANCES FORFEITURE.
Special prosecuting attorneys may be appointed by court.
98-33Mar 9MOTOR VEHICLES.Who required to register as registered operators?
98-33July 7CONFEDERATE HOME.
ELEEMOSYNARY INSTITUTIONS.
Receipts of sale of products from farm operated by home not to be transmitted to state treasurer.
98-33Oct 5Miss Agnes Mae WilsonWITHDRAWN
98-33Oct 12NEPOTISM.Where Board votes unanimously in favor of teacher, director who is first cousin of teacher violates Section 13 of Article XIV of the Constitution of Missouri.
98-33Nov 25ROADS & BRIDGES.Special tax on distributable property of utility companies apportioned to districts wherein property located.
98-33Nov 28ROADS AND BRIDGES.Refund for bridges of Missouri River to be made under Section 8129, R. S. Mo. 1929. Refund received, if in cash, should be paid to county, city or road district which advanced funds in the first instance.
98-33Dec 16TAXATION.Grain stored in elevator subject to taxation.
98-33Dec 30SCHOOL FUND.
COUNTY OFFICERS.
Money in county school fund or township fund withdrawn from treasury by warrant or order by board of directors or treasurer.
99-33Sept 15POLICE OFFICER.Special motorcycle police in Carterville.
99-33Dec 8TAXATION-SALES TAX.
CONSTITUTION.
House Bill No. 5 pending before the 57th General Assembly is unconstitutional.
99-33Dec 21SALARY OF DEPUTY CIRCUIT CLERKS.County Court has right to fix salary of deputy circuit clerks immediately on the becoming effective of section 11812, Laws 1933, page 371, without regard to present deputy clerks assumed fixed term of office.