1941 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-41Jan 23ELECTIONS.
COMMISSIONERS.
SPECIAL ROAD DISTRICTS.
Mode of conducting elections and powers of Commissioners at Special Road District Commissioners’ Election.
1-41Mar 20COUNTY COURT.
SPECIAL ROAD DISTRICTS.
BONDS.
Special Road District unauthorized to vote bonds to retire road district notes held by a bank as security for a loan to the Special Road District.
1-41June 16CONSERVATION COMMISSION.
FISH AND GAME.
Construing Section 8900, R. S. Mo. 1939.
2-41Feb 28SCHOOLS. Voters of consolidated school district cannot authorize additional levy of ten cents in excess of One Dollar for repairing and furnishing colored school.
3-41July 17BOARD OF HEALTH.Commissioner of Health is under no statutory duty to post bond before entering upon the duties of his office.
3-41Nov 6GOVERNOR. The clause “during the recess”, as used in Section 12859, R. S. Mo. 1939, means after the final adjournment of the General Assembly and when it is not in session. (b) General Assembly is now in recess. (c) The expression “without delay” means without unreasonable and unnecessary delay. (d) Writ of election issued under Section 12859, R. S. Mo. 1939, for election in March or April, 1942, may be unreasonable and unnecessary delay. Governor cannot be compelled to issue election because can not be mandamused.
3-41Dec 20SHERIFFS.Deputies employed as private watchmen.
4-41Feb 10COUNTY CLERK OF JASPER COUNTY SALARY. Preparation of financial statement.
4-41July 19Mr. Ralph E. Bailey WITHDRAWN
5-41Apr 28TAXATION.
SALES TAX.
LIQUOR SALES.
Sales Tax Act applies to retail sales of intoxicating liquors and non-intoxicating beverages.
6-41Apr 12BONDS.
STATE TREASURER.
Bonds deposited in banks and trust companies do not have to be inspected by Governor, Attorney-General and State Treasurer personally, but such duty may be delegated.
6-41Aug 29FUND COMMISSIONERS. No authority to transfer funds from general revenue funds to unemployment compensation administration fund; said transfer may be made by State Auditor and State Treasurer.
6-41Oct 31Hon. Wilson Bell WITHDRAWN
7-41Aug 25ROADS AND BRIDGES. County may finance the improvement of roads in common road districts out of surplus road funds.
7-41Nov 12TAXATION. Certificate holder, his heirs or assigns must procure a deed to property and have the same recorded within four years from date of issuance of such certificate.
9-41Oct 14COUNTY TREASURER.
COMPENSATION.
Committee Substitute for House Bill No. 255 by implication repeals last clause of Section 10400, R. S. Mo. 1939, authorizing compensation for disbursing school monies.
9-41Dec 9OFFICERS.
COUNTY SURVEYOR.
It is mandatory that a county surveyor in a county of not less than 20,000 nor more than 50,000 must be ex officio highway engineer.
9-41Dec 10BOUNDARIES.
BANK OF RIVER.
Tax meaning of the term “by west bank of Mississippi River” in description of special road district boundary.
10-41Feb 28STATE CONSERVATION COMMISSION.Sections 15387 to 15390, inclusive, R. S. Mo. 1939, are valid and existing statutes and do not conflict with the authority of the State Park Board.
10-41July 9CRIMINAL COSTS. Where two defendants are tried jointly on murder and one was convicted and one acquitted the state must pay witness fees of defense witness on acquittal but not on a conviction.
10-41Sept 5Mr. Charles R. Bohrer WITHDRAWN
10-41Sept 19BOARD OF PHARMACY. It is illegal to use the words “Drug Sundries” as a sign without licensed pharmacists in charge; a license cannot be reinstated when revoked, but applicant may apply for new license.
10-41Oct 16CONSERVATION COMMISSION.
LEGISLATURES.
Headings in bold type may be inserted in regulations without republication of said regulations.
10-41Oct 25CONSERVATION COMMISSION.
PURCHASING AGENT.
Conservation Commission may purchase land without the approval of the purchasing agent.
10-41Nov 1STATE PARK BOARD.
APPROPRIATIONS.
Legality of paying salaries of technical personnel out of accounts other than personal services.
11-41Mar 31COUNTY BUDGET ACT.Expense for stenographic hire for prosecuting attorney can only be paid out of surplus, if any exits, or class 6.
11-41Aug 22LOTTERIES.Taking pictures of patrons and awarding prize to best picture is lottery.
12-41Jan 24COUNTY SURVEYOR.
ROAD OVERSEER.
Person may hold both office of county surveyor and road overseer at the same time.
12-41Mar 4STATE SEAL.Use of by Secretary of State.
12-41July 8SECRETARY OF STATE.Proposed plan approved of handling service of process on nonresident operators of automobiles, growing out of civil actions in this state.
12-41July 22INSURANCE. Approval of Articles of Agreement of Old Reliable Atlas Life Society of Springfield, Missouri, under Article 4, Chapter 37, R. S. 1939.
12-41July 31LEGISLATURE. Laws enacted by the 1941 Legislature and approved by the Governor without an emergency clause go into effect October 10, 1941.
12-41Aug 26Hon. Dwight H. Brown WITHDRAWN
12-41Sept 3HIGHWAY COMMISSION.Members of the Highway Commission may attend a meeting of Highway officials outside of the State and have the expenses therefor paid by the State.
12-41Sept 6STATUTES.
AMENDMENTS.
REPEALS.
A statute amended by different acts of the same general assembly should be construed so that all amendments may have force and effect.
12-41Sept 12STATE PRINTING COMMISSION.Has the authority to set aside order of July 11, 1940, rejecting all bids. May now make new contracts as to binding and printing.
12-41Sept 23SECRETARY OF STATE.Limited to statutory fee of $1.00 for notification of service of process.
12-41Oct 21SECRETARY OF STATE.Official Manual should contain names and salaries of employees during the preceding biennium.
12-41Oct 30MISSOURI SCHOOL FOR THE BLIND.(1) Compulsory attendance law applies to blind children. (2) Questions relating to rules are admissible. (3) Missouri School for the Blind is a charitable institution in so far as income tax deductions are concerned.
12-41Nov 15MOTOR VEHICLES.Service of process, Laws of Missouri, 1941, page 435, the word “person” includes corporations.
12-41Nov 24SCHOOL FOR THE BLIND. Under Chapter 72, Article 25, R. S. Missouri, 1939, if no separate school is provided for colored, blind children, such children are entitled to attend the Missouri School for the Blind.
12-41Dec 19ELECTIONS. Size of ballots on constitutional convention and retaining of a judge.
13-41Aug 6COUNTY COURTS.
OFFICERS.
COUNTY COLLECTORS.
County court can refuse to pay for publishing notice to delinquent personal taxpayers that a suit would be filed against them for personal taxes.
13-41Aug 15BILLS AND NOTES.
BANKS.
A bank who is holder of a check in due course is not liable for an account of the payee in the misuse of the money.
13-41Oct 3SCHOOLS.A person elected director is entitled to serve if he paid state and county taxes before qualifying.
15-41Feb 8TAXATION.
SALES TAX.
Regulation of State Auditor imposing a use tax on property bought outside the State of Missouri and on property bought in Missouri by non-resident where property is not consumed in Missouri but is bought with intention of transporting to another state for use is invalid.
15-41July 7CONVICTS.Citizenship not lost by conviction subsequently held void.
15-41Aug 28TAXATION AND REVENUE.Right of redemption of owner after two year redemption period.
16-41Feb 7COUNTY BUDGET ACT. Sheriff’s expenses for conveying inmates to the hospital should be paid out of class 5; (2) Sheriff whose term expires before date of sale under trustee deed should conduct the sale.
16-41Mar 14CHAUFFEURS. May operate on certificate furnished by Commissioner of Motor Vehicles pending issuance of metal tags. Metal tags, when issued must be conspicuously displayed.
16-41Nov 25SCHOOLS. When consolidated districts close outlying rural schools districts, board should transport children under Section 10946, R. S. Missouri, 1939.
16-41Dec 2MONOPOLIES.To maintain prosecution the paying of a higher price in one place than in another place, there must be an intention to suppress competition.
17-41Jan 20COUNTY COURTS.
SOLICITORS ON PUBLIC GROUNDS.
JUSTICE OF PEACE SOLICITING MARRIAGES.
The power of the County Court to make orders relating to trespassers on county property and to prohibit persons from performing such acts.
17-41Feb 24MOTOR VEHICLES.
FOREIGN CORPORATION.
Trucks belonging to a corporation with headquarters in Ohio and stationed and registered only in the State of Illinois must also register in the State of Missouri.
17-41Apr 10BONDS.
PUBLIC ADMINISTRATOR.
OFFICERS.
County Court not authorized to pay premium on bond of Public Administrator.
17-41Aug 13TAXATION.Certificates of purchase of property in Kansas City are personal property and taxable as such.
17-41Oct 20MOTOR VEHICLES. States of Missouri and Tennessee do not have full reciprocity.
17-41Oct 20TAXATION.
SHARES OF STOCK.
Present attitude of Supreme Court indicates that shares of stock held by a resident of this state in a foreign corporation may be subjected to a personal property tax.
17-41Oct 22MOTOR VEHICLES.Full reciprocity does not exist between Indiana, Illinois and Missouri.
17-41Nov 8COUNTY COURTS.Procedure to be followed in proceeding to correct error of valuations under Section 11118.
18-41April 11COUNTY TREASURERS.Compensation can not be increased during term.
18-41June 18POOR PERSONS. County Court may provide surgical treatment; acts judicially in determining necessity.
18-41Aug 8Hon. Clyde E. Combs WITHDRAWN
18-41Aug 12TAXATION.
COLLECTOR’S DEED.
County Collector may issue deeds of correction for deeds which have been issued for lands which have been sold for delinquent taxes.
18-41Nov 10CRIMINAL COSTS. The State is only liable for the costs, including transportation to the Missouri Training School, in juvenile trials on conviction before a jury, pleas of guilty, acquittal, or dismissal under the general criminal law, where the punishment is solely imprisonment in the state penitentiary.
18-41Nov 17ELECTIONS.
COUNTY TREASURERS.
Failure to elect County Treasurer at proper time does not create vacancy and incumbent holds office until successor is elected at next regular election and qualified.
19-41Aug 20OFFICIAL BONDS.
COUNTY COLLECTOR.
County court can, at any time, require additional bond to be furnished by county collector if a mistake was made in the amount of taxes collected in the years previous to his election.
19-41Aug 29COUNTY COURTS.
EMPLOYMENT OF SPECIAL COUNSEL.
County courts may employ special counsel to represent the county in civil matters only when the prosecuting attorney refuses to act or is interested, or shall have been employed as special counsel and when such employment is inconsistent with the duties of the office or if the prosecuting attorney is related to the defendant.
19-41Oct 10HEALTH, BOARD OF.
COUNTIES.
Board of Health by regulation may quarantine person with communicable venereal disease; sheriff must serve writ of isolation but is not entitled to fee; person quarantined must pay cost thereof, but is indigent, cost must be paid by the county.
19-41Dec 18TAXATION.Property person in military service not exempt. Effect and application Soldiers and Sailors Relief Act on proceeding to enforce collection.
20-41Jan 24DRAINAGE DISTRICTS DELINQUENT TAXES.Trustee appointed by county court to bid at tax sales not authorized to include delinquent drainage tax in the amount of his bid.
20-41May 22COUNTIES.
LIABILITY FOR REVENUE BONDS.
County courts issuing revenue bonds under Section 8548, R. S. Mo. 1939, incur no objection on a county other than that mentioned in the bond.
20-41July 23HIGHWAY PATROL.
CONSTABLES.
FEES.
Highway patrolman is entitled to fee of $1.00 upon service of a warrant which must be paid into the state treasury. The same applies as to commitments. Only one officer entitled to fee.
20-41July 29AGRICULTURE.Mode of certification by the State Veterinarian for payment of cattle condemned on account of reacting to the agglutination blood test for Bang’s disease.
20-41Aug 4TAX.
COLLECTOR’S COMMISSION.
DRAINAGE TAX.
Collector’s commission for collecting delinquent drainage taxes should be paid out of drainage tax funds.
20-41Sept 2PROSECUTING ATTORNEY.
SCHOOLS.
Not entitled to fee from person receiving school fund loan for examination of abstract.
20-41Nov 10TAXATION.
PAYMENT OF TAXES WITH PROTESTED WARRANTS.
Only the owner of a protested warrant may use same for the payment of taxes.
20-41Nov 25ATTORNEY.
CLIENT.
A corporation or association can only transact its legal affairs through a duly licensed and practicing attorney and not by a laymen.
20-41Dec 16OFFICERS.County can recover on county treasurer’s bond after settlement where a fraudulent settlement was made.
21-41May 2TAXATION. Tax liens on property acquired by county at school fund foreclosure are extinguished.
21-41Aug 21LABOR. Female employees engaged in hotel work not subject to provisions of Section 10171, R. S. Mo. 1939.
21-41Oct 25COUNTY COURTS AND ARMORY APPROPRIATIONS.
COUNTY BUDGET LAW.
County courts may make appropriations for armories provided such appropriations are not in violation of the provisions of the County Budget Act and are not in violation of the provisions of the constitution, and especially Section 12, Article 10, thereof.
23-41Oct 15BARBERS. (1) Article 5 R. S. Mo., 1939, which has to do with the trade of cosmetology, hairdressing and manicuring, has no application in cities having a population of less than five hundred inhabitants. (2) Persons practicing the trade of barbering must procure a barber’s license in cities having a population of less than five hundred, whether they have complied with Art. 5, R. S. Mo., ’39 or not.
24-41June 5TAXATION AND EQUALIZATION. County Board not bound by valuations of tracts fixed by the Assessor.
24-41June 7TAXATION AND EQUALIZATION.State Board of Equalization may reconsider valuation of class of property before certification of its judgment; but has no power to review its judgment after certification by State Auditor except by way of approving recommendations of State Tax Commission.
24-41July 11BONDS.
FUND COMMISSIONERS.
SCHOOLS.
State Board of Fund Commissioners not authorized to invest Public School Fund in United States bonds, said authority vested in State Board of Education; Fund Commissioners may invest in registered county, municipal or school district bonds of state, but not in drainage or levee district bonds.
24-41July 18GOVERNOR. Has 30 days after final adjournment of General Assembly to act upon legislation presented him after final adjournment.
24-41July 22APPROPRIATIONS. Section 5 of House Bill No. 556 valid.
24-41July 30TAXATION.Mode of apportioning for taxation the valuation of the distributable property of telephone, telegraph, electric power and light companies and electric transmission lines.
24-41Aug 4GOVERNOR. Time within which to approve or disapprove bills in his hands at the time of adjournment of the Sixty-first General Assembly.
24-41Aug 11GOVERNOR.In the absence of a protest as contemplated by Art. V, Sec. 37, presumption is that bill was not amended on passage so as to change its original purpose, which presumption is conclusive; the amendment made by Senate to H. B. 431, does not change its original purpose.
24-41Aug 11GOVERNOR.Time when the Governor shall approve or reject a bill which has been presented to him by the General Assembly.
24-41Aug 11GOVERNOR.If last day on which Governor may act on legislation falls on Sunday, the following Monday is to be considered as last day.
24-41Aug 11STATUTES.Constitutionality of exemption provisions of House Bill No. 431.
24-41Aug 19TAXATION.
TAX EXEMPTION.
FRAUDULENT EVASION.
Taxpayer who converts assets into tax exempt securities with fraudulent intent to evade taxes does not relieve himself of the liability to pay the taxes.
24-41Aug 21CONSTITUTIONAL LAW.
STATE HIGHWAY PATROL.
State Highway Patrol, under Section 44a, Article IV of the Constitution of Missouri can only enforce the law as to motor vehicle laws and traffic regulations.
24-41Sept 2GOVERNOR.
PATENTS.
PUBLIC LANDS.
Governor may issue patent in correction of a defective one.
24-41Sept 8PROSECUTING ATTORNEY.
PUBLIC OFFICERS.
Officer elected for a term, and until successor is elected, holds office until the election of a properly qualified successor.
24-41Sept 19HIGHWAY PATROL.Forty-seven questions concerning powers and duties of Highway Patrol.
24-41Oct 3GOVERNOR. Upon a vacancy he shall appoint State Administrator of the Social Security Commission for a term of four years and not for the unexpired term of his predecessor.
24-41Oct 17PENAL INSTITUTIONS.Concerning leasing of property; use of convicts for service, and sale of articles manufactured in the various penal institutions.
24-41Oct 22OFFICERS. Public Administrator does not forfeit his office by moving from the county to another county within this State.
24-41Oct 23LEGISLATORS HOLDING OFFICE OF RECORDER OF DEEDS.A member of the General Assembly may not be appointed to office of Recorder of Deeds during the term for which he is elected to the General Assembly.
24-41Oct 28OFFICERS.Present incumbent of the office of Grain Warehouse Commissioner is entitled to remain in office until April 15, 1943.
24-41Oct 29GOVERNOR.Writs directing election to fill vacancies in House of Representatives in Jackson County, Missouri, under Sections 12860, and 12861, R. S. Missouri, 1939, should be directed to the Board of Election Commissioners instead of the sheriff.
24-41Nov 10OFFICERS.
NOTARY PUBLIC.
An employee of the Marine Hospital of Kirkwood, Mo., may be a notary public; (2) the powers of a notary public terminate at the expiration date of his commission; (3) a person may only be commissioned for the county in which he resides and he shall have power to transact his official business in such county and all adjoining counties thereto.
24-41Dec 5STATE PURCHASING AGENT. State Purchasing Agent may permit emergency purchase to be made by a state department without soliciting competitive bids therefor. State Purchasing Agent by rule or regulation may determine what is an emergency within the meaning of the Act.
25-41Jan 21OFFICERS.
QUALIFICATIONS.
DEPUTIES.
Assistant Prosecuting Attorney must have same qualifications as Prosecuting Attorney.
25-41Feb 18NEPOTISM.It is a violation of Section 13 of Article XIV of the Constitution of Missouri to appoint a road overseer who is the son of one judge and first cousin of another judge’s wife.
25-41Apr 2TAXATION AND REVENUE.
COLLECTOR.
AUTHORITY TO PROPORTION TAXES.
The tax collector is not authorized to accept proportion of taxes where lands subject to the tax are sold to the federal government during the year for which the taxes are assessed and levied.
25-41Sept 11COUNTY OFFICERS.
BONDS.
CIRCUIT CLERKS.
County court is only liable for premiums on a surety bond furnished by the circuit clerk when it consents and approves the payment of the premiums. The bond may extend past the term of the county judge.
26-41July 28APPROPRIATIONS.
DEPARTMENT OF AGRICULTURE.
Salaries of employees under the Commissioner of Agriculture must be paid from the specific appropriation for each department under the Commission.
26-41Oct 15EGGS.
COMMISSIONER OF AGRICULTURE.
Authority of the Commissioner of Agriculture over persons or farms who handle eggs.
27-41Jan 10TAXATION.
STREET RAILWAYS.
Motor busses operated in connection with street railroad or street railway for the transportation of passengers should be assessed by the State Tax Commission and not by the local assessor.
27-41Jan 21TAXATION.
STATE TAX COMMISSION.
INTERSTATE BUS AND TRUCK LINES.
Only properties of bus and truck lines used in interstate business may be assessed by State Tax Commission.
27-41Jan 30TAXATION. Taxation of Interstate Bus and Truck lines on irregular routes.
27-41Apr 11INTOXICATING LIQUOR.Liquor sold on licensed premises may be legally opened and consumed on other, separate adjacent premises owned by the licensee, and not described in license.
27-41June 4Hon. Clarence Evans WITHDRAWN
27-41Oct 29TAXATION AND REVENUE. I. Drainage districts under county court organization may purchase realty sold for taxes due such district. After such date the land is not subject to taxes. II. County court may purchase land in foreclosure of school fund mortgage for such fund and takes the title to the property free from all outstanding general county and state taxes.
28-41Mar 13COUNTY BUDGET ACT. County court cannot return money transferred under Section 13829 to drainage districts after money has been taken into consideration for estimates for 1941. Can give drainage districts any surplus remaining in classes.
28-41June 13Senator Joseph A. FalzoneWITHDRAWN
28-41Aug 19STATE PURCHASING AGENT. Authority to authorize emergency direct purchases by department as result of uncertainty in the market created by National Defense Program.
28-41Aug 28STATE PURCHASING AGENT. When two or more bidders tie in amounts bid, the State Purchasing Agent may declare one the lowest and best bidder.
29-41May 1SPECIAL ROAD DISTRICT. Article 10, Chapter 46, makes no provision for the appointment of a trustee where such district is disorganized under Section 8706 R. S. Missouri, 1939. Therefore, must resort to circuit court for the appointment of trustee.
29-41July 16BONDS.
AIRPORTS.
ELECTIONS.
County is authorized to hold an election for bond issue for airport. Method of election should follow bond election of county hospital.
29-41Aug 28MOTOR VEHICLES.Automobile owned by a Maryland Corporation, when used in interstate business, is not required to have Missouri Registration Plates.
31-41June 2TAXATION.
COUNTY COURTS.
TOWNSHIP ORGANIZATION.
Township boards in counties under township organization levy taxes in subordination to the county court and the total levy made by the county court and township board shall not exceed the constitutional limit.
32-41Jan 20COUNTY SUPERINTENDENT OF SCHOOLS SALARY.If the 1940 census shows a decrease in population putting county in lower salary bracket decrease in population would effect the salary of the County Superintendent of Schools effective July 1, ’41.
32-41Apr 28ROADS AND BRIDGES. Special road districts must pay the same rate of levy for the county generally as other road districts. Surplus in special road districts cannot be returned to the county court and can only be used for road and bridge purposes.
32-41Aug 21RECORDER OF DEEDS.Licenses issued on Sunday or other designated legal holidays are valid. Marriage solemnized on Sunday or other legal holidays is valid.
32-41Oct 20DEAD ANIMAL DISPOSAL PLANTS.
LICENSING.
PERIOD OF LICENSE.
The license fee for operation of dead animal disposal plants should be charged for the full year regardless of the date of application for the license.
32-41Oct 21LOTTERIES. Tickets given with each sale of merchandise and weekly drawing had thereon, is lottery. The fact that tickets may be obtained upon request does not change rule.
32-41Dec 3CIRCUIT CLERK.
OFFICERS.
Fees earned by a circuit clerk and collected by his successor should be paid to the prior circuit clerk.
32-41Dec 30INTOXICATING LIQUOR.
MINORS.
Adult who purchases for person under 21 is guilty of a misdemeanor.
33-41June 14SENATE BILL NO. 101. If passed and approved will not affect present compensation of any officers except circuit clerks and prosecuting attorneys.
33-41Aug 11WORKMEN’S COMPENSATION. Commission, in case of self-insurers, may forfeit deposit periodically to pay award, or may cause a sum sufficient to purchase any annuity to be forfeited and applied to that purpose.
34-41Feb 18LIQUOR.
(INJUNCTION).
State or county not liable for costs or damages where injunction suit is dismissed by prosecuting attorney.
34-41May 24TOWNSHIP ORGANIZATION. Outstanding warrants from the road and bridge fund of 1937-38-39 cannot be paid from the general revenue fund at this time. At the close of the fiscal year warrants may be paid out of any revenue remaining or from surplus or back taxes.
34-41July 9TOWNSHIP ORGANIZATION. Board of Directors of township may furnish an office for justices of the peace. However, there is no statutory duty to do so.
34-41July 23Hon. Arthur U. Goodman, Jr.WITHDRAWN
34-41Sept 26TOWNSHIP CLERK. Is entitled to ten cents for filing a cancelled warrant and ten cents for each complaint or statement filed with him as clerk of the township board.
34-41Nov 13TAXATION.
SALES TAX LIEN.
Lien created by filing of sales tax assessment does not violate the due process clause of the constitution.
34-41Dec 5COLLECTORS COMMISSIONS.Township collectors should include income tax collections with general taxes collected in calculating their commissions for collecting taxes.
35-41Jan 20ROADS AND BRIDGES. Taxpayer, in special road district, must also pay, in addition, general taxes issued for road purposes. Bonds voted on by entire township must also be paid by taxes received from a special road district where no outstanding bonds are against the special road district or any part of the special road district.
35-41Apr 16SCHOOLS. Board can levy more than forty cents for a sinking fund if it does not violate the Constitution. Excess in interest fund can be transferred to sinking fund.
35-41Apr 21JUSTICES OF THE PEACE. No specific constitutional or legislative prohibition against justices of the peace soliciting marriage ceremonies.
35-41Apr 25CRIMINAL LAW.Agent of the corporation can be prosecuted even though money obtained by fraud is paid into the corporation.
35-41May 29MISSOURI ATHLETIC COMMISSION.(1) Commission has right of supervision and tax, absent legislative consent, as provided in Clause 17, Sec. 8, Art. 1, U. S. Constitution. (2) Collection of 5% not an undue burden on the Federal Government.
35-41July 18ARMORIES.
NATIONAL GUARDS.
MUNICIPAL CORPORATIONS.
The State has power to purchase or lease armories. Municipal corporations has no right in absence of statute to sell armories to state.
35-41Aug 18TAXATION AND REVENUE.The items of cost which should be included in the publication for sale.
35-41Dec 23OFFICERS.Circuit clerk in a county of less than 50,000 population may purchase his own supplies within his budget.
37-41Jan 30CITY MARSHAL CITY OF THIRD CLASS. Has power as ex officio constable to serve warrants in other counties.
37-41Feb 26OFFICERS. Legislature can terminate any office that it creates.
37-41Mar 12Mr. A. M. HarlanWITHDRAWN
37-41May 13CLERK OF COUNTY COURTS.
COMPENSATION AS AGENTS, LIABILITY OF BONDSMEN FOR.
Bondsmen of county clerks are not liable for acts of their principal done while acting as an agent for the county court.
37-41June 5COUNTIES.
INSURANCE.
MUTUAL.
Prohibited from insurance in mutual companies where assessment liability is unlimited, but may insure where liability is fixed and would not exceed in any year revenue provided for such year. Also applicable to cities and school districts.
37-41Sept 11PROBATE COURTS. Notices of Final Settlement should be directed to the first day of term of Probate Court and not to day during the term at which settlement is docketed.
37-41Sept 29SHERIFFS.
STATE PARK BOARD.
It is not mandatory upon the sheriff to appoint park superintendents as deputy sheriffs.
37-41Nov 15SCHOOLS.
COUNTY SUPERINTENDENTS.
Under the Act of 1941, page 546, it is proper for the State Superintendent to request the County Treasurers of the various counties to obtain an order from the County Court to require the State Auditor to pay the same.
37-41Nov 19COUNTY COURT.
RIGHT OF RECOUPMENT.
A county court may recoup against claim by officer for salary.
38-41Feb 3ELECTIONS.City Committee may nominate candidates for unexpired terms of members of the Board of Aldermen.
38-41Feb 18Mr. Charles M. Hay WITHDRAWN
38-41June 16BURIAL ASSOCIATIONS.Agency contract entered into under authority of unconstitutional statute is void.
39-41Apr 29TAXATION.
PENALTIES.
UNIFORM LEGISLATION.
A law providing for remission of penalties on delinquent taxes in certain parts of the State is unconstitutional.
39-41Oct 9INTOXICATING LIQUOR.
CLOSED PLACE.
Licensed one-room restaurants selling substantial quantities of food etc., excepted from closed place requirement. Restaurant is eating house selling food for consumption on premises. Substantial quantities are actual amounts of real value, as distinguished from pretense of substance.
39-41Oct 21Mr. W. G. HendersonWITHDRAWN
39-41Nov 3Mr. W. G. HendersonWITHDRAWN
39-41Dec 29NON-INTOXICATING BEER.
LICENSE.
PREVIOUS REVOCATION.
License may be issued to person whose license was revoked prior to Oct. 10, 1941, not if revoked thereafter. License may be issued to person whose intoxicating liquor license has been revoked, and vice versa.
39-41Dec 31INTOXICATING LIQUOR.
RATHSKELLER.
LICENSE.
Rathskeller may be licensed if interior visible from entrance or approach, though not visible from street.
40-41Mar 10JUSTICE OF THE PEACE.Justice of the peace appointed upon petition may hold court any place in township.
40-41June 27NOTARIES PUBLIC. Acknowledgments attached to intoxicating liquor and non-intoxicating beer applications for license shall be received in a court of record as prima facie evidence where the same are regular on their face: Second, should the evidence warrant, a notary public could be removed from office through a quo warranto proceeding: Third, the office of notary public could be forfeited and the notary removed under Sec. 12828 R. S. Mo. 1939, should the evidence warrant.
40-41Sept 10HIGHWAYS.
MUNICIPAL CORPORATIONS.
State Highway Commission has exclusive control over location of highway within the confines of municipal corporations.
40-41Oct 3FEES. A sheriff, constable or any other officer is not entitled to a statutory fee for serving notice on insufficient check.
41-41Feb 19TAXATION.
ASSESSOR.
Assessor is entitled to compensation for list for each joint owner of real estate in tenancy in common, joint tenancy or separate real estate of husband and wife.
41-41Apr 3BANKS AND BANKING.
SMALL LOAN BUSINESS.
Banks are not authorized under their charter to do a banking business to exercise the powers of the Small Loan Act, nor act as a corporation authorized to subscribe for majority stock of Small Loan Corporations.
41-41May 16TRUST COMPANIES.
INVESTING IN STOCK OF SMALL LOAN COMPANIES.
Trust companies are not authorized to invest in the stock of small loan companies.
41-41May 24FINANCE DEPARTMENT.
COOPERATIVE COMPANIES.
BOND.
Concerns issuing coupon books for trade do not come under the provisions of Section 5426, R. S. Mo. 1939.
41-41June 13JUDGMENTS.
INTEREST.
Section 3228, R. S. 1939, authorizes payment of interest on judgments.
41-41July 21COUNTY BUDGET ACT. Warrants should not be issued in excess of the estimate of budget; warrants issued in excess of the anticipated revenue are illegal and void.
41-41Aug 25CIRCUIT CLERKS. Compensation of deputy circuit clerks is fixed by circuit court, and county court may not alter.
41-41Nov 18TAXATION.Surplus from general county and state tax sales should be paid to party or parties having the title or interest in and to the realty sold.
42-41Jan 20COUNTY COURTS.
AGRICULTURAL CONSERVATION COMMISSION FURNISHING OFFICE SPACE FOR.
County Courts may provide an office in the courthouse or may pay for office rent for Agricultural Conservation Administration offices.
42-41Jan 23TAXATION.
SALE OF DELINQUENT LANDS FOR TAXES BY CITIES.
All cities are not within the provisions of Section 9970, as amended by Laws of 1933 pertaining to the returning of lists of delinquent city taxes to the county collector.
42-41Mar 17Mr. Andrew Howard WITHDRAWN
42-41Apr 9CRIMINAL LAW.Justice of the Peace who collects fines and fails to turn them over is guilty of larceny or embezzlement.
42-41Nov 26COUNTY CLERKS AND DEPUTIES.
TERMS OF APPOINTMENT.
The county clerk may revoke appointment of deputy county clerk.
43-41May 22FISCAL YEAR. Change in the fiscal year would require enactment of Constitutional Amendment and cannot be changed by statute.
43-41June 17TAXATION AND REVENUE.City collectors in cities of the fourth class cannot proceed under Section 11086, but must follow the provisions of the Jones-Munger Act.
43-41July 31APPROPRIATIONS. Balance of appropriation must be transferred to the ordinary revenue fund to the credit of the state treasurer at the end of each biennium.
43-41Aug 27ROADS AND BRIDGES.
CONSTRUCTION OF BRIDGES IN COUNTY COURT DRAINAGE DISTRICTS.
When a new road is established through or into a county court drainage district, the special road district comprising such drainage district shall pay for the construction of such bridges that are made necessary on account of the road crossing one of such drainage ditches.
43-41Sept 24SCHOOLS.Time for opening and closing polls in bond elections should be considered from the standpoint of convenience of the voters and opportunity for all the voters to vote.
43-41Nov 21MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
TAXICABS.
May occasionally operate beyond suburban territory.
45-41Feb 28APPROPRIATIONS IN ELEEMOSYNARY INSTITUTIONS.Repair of operative equipment can not be paid out of appropriation for operation.
45-41Mar 4Hon. W. Ed. JamesonWITHDRAWN
45-41May 2INSANE PERSONS. Probate Court may make order recommitting person to State Hospital on original judgment of insanity if original judgment has not been vacated.
45-41May 9COUNTY COURTS.Do not have exclusive control over the purchase of incidental expenses or supplies for the proper conduct of a county office.
45-41May 10ELEEMOSYNARY INSTITUTIONS.
COUNTY BUDGET ACT.
Care of patients in Missouri State Sanatorium and Missouri State School cannot be paid out of Class 1; must be paid out of Class 5.
45-41Sept 4SHERIFFS. Only entitled to ten cents per mile for the arrest of two defendants filed on jointly.
45-41Oct 10DEAD BODIES.Removal or Burial Permits not required to be obtained, when body is removed for the purpose of preparing such body for burial.
45-41Oct 27BUILDING AND LOAN.Possession of stock certificate must be given to association by borrowing member.
45-41Dec 3COUNTY DEPOSITARIES.Bank which is outside of state may be selected as escrow agent.
46-41Jan 13PARDON AND PAROLE.
BOARD OF.
Board cannot parole inmate of Intermediate Reformatory until compliance with Section 8477 R. S. 1929. The governor can parole at any time after conviction regardless of Section 8477.
46-41Mar 19SHERIFFS.
SALARIES AND FEES.
JURIES.
Sheriffs may charge for serving notices and for mileage in such service made by the court pertaining to jurors and their service.
46-41May 16ELEEMOSYNARY INSTITUTIONS.Superintendent and staff may in their discretion discharge or parole patients from state hospitals.
46-41May 20APPROPRIATIONS.
ELEEMOSYNARY INSTITUTIONS.
House Bill 66, Section 70, reverts to General Revenue Fund after expiration of six months.
46-41June 2APPROPRIATIONS.
ELEEMOSYNARY INSTITUTIONS.
No authority to pay doctor bill of employee injured in course of employment.
46-41June 17ELEEMOSYNARY INSTITUTIONS.Interest received on “patients fund” should be paid to State Treasurer for credit of fund of State Eleemosynary Institutions.
46-41Aug 27BLIND PENSIONS.Construction of appropriation act to Blind Commission; removal of headquarters to City of St. Louis.
46-41Sept 4ELEEMOSYNARY INSTITUTIONS.
PURCHASING AGENT.
State Purchasing Agent has power to sell surplus produce of respective eleemosynary institutions.
46-41Oct 11SHERIFFS.
DEPUTY COLLECTORS.
A sheriff in Reynolds County may also hold the office of deputy collector.
46-41Oct 21OFFICERS.
ELEEMOSYNARY INSTITUTIONS.
Member of Board of Managers appointed to fill vacancy serves only until end of term.
46-41Oct 27BLIND PENSION ACT.The word “income” as used in Section 8451, R. S. Missouri, 1939, means net income.
46-41Oct 30BLIND PENSION APPROPRIATION.Oculist’s expense and fee for examining eligible applicant for blind pension to be paid from the applicant’s first pension check.
46-41Nov 5BLIND PENSION.Application may be made to probate judge or to the Commission.
46-41Nov 10ELEEMOSYNARY INSTITUTIONS.County Court can discount warrants to pay for the keep of their inmates in the institutions.
46-41Nov 14BLIND PENSIONS.
APPROPRIATIONS.
Under Section 9456, R. S. Missouri 1939, treatments or operations recommended by examining oculist must be furnished by the State.
46-41Dec 11TAXATION.Municipal and school bonds are not exempt from taxation.
46-41Dec 13ELEEMOSYNARY INSTITUTIONS.Board of Managers may by rule provide that when accommodations are limited psychotic cases may be given preference over senile dementia cases.
46-41Dec 19ELEEMOSYNARY INSTITUTIONS.State Superintendent has no authority to act as agent or representative of a patient in the signing of checks or transaction of private business matters.
46-41Dec 30OFFICERS.
VACANCY.
Vacancy filled in prosecuting attorney’s office by circuit judge is only temporary.
48-41Jan 16OFFICERS.
DEPUTY SHERIFFS.
A person can hold the office of deputy sheriff and constable at the same time.
48-41Feb 5PROSECUTING ATTORNEY.Assistant prosecuting attorney should not represent a defendant in a trial. The determination of the matter should be left to the trial court.
48-41Feb 11CONSERVATION.Section 39 of the Wildlife Code is not violative of the “commerce clause” of the Federal Constitution.
48-41June 3ROADS AND BRIDGES.
COUNTY COURT.
Surplus in general county road fund can be transferred to a special road district. County court has no authority to rent road machinery to another county, but if they do, rental must be paid into the county treasury.
48-41July 12SPECIAL ELECTIONS.
BOND ISSUE.
CORPORATIONS.
Vernon County – In Re instituting suit against the Missouri Public Service Corporation – Participating in Election.
48-41Sept 9MISSOURI MANUAL.
SECRETARY OF STATE.
Exact salaries of all employees of the State must be given to the Secretary of State at the time he requests the information. Bracketing or giving or salary ranges will not suffice.
48-41Oct 11GAMBLING DEVICE.Slot machines which pay off in cigarettes handed to player by owner of establishment are gambling devices.
48-41Dec 12CRIMINAL PROCEDURE.
BOND.
Affidavit substantially complying with civil procedure of appeal is sufficient for appealing in a criminal case. Criminal appeal bond, after conviction, must be approved by the circuit judge and not the circuit clerk.
49-41May 9Hon. Lloyd W. KingWITHDRAWN
49-41Aug 2TAXATION.Notice not required taxpayer on personal property and penalties accrued are payable by the taxpayer and cannot be abated by the county court.
49-41Aug 11SCHOOLS.Two districts are authorized to make a temporary combination of one building for negro children; State Superintendent may make apportionment of state moneys for the temporary combination.
49-41Aug 18SCHOOLS.When state aid may be allowed.
49-41Sept 19EXTRADITION.A child who flees the State although in the custody of the court as a neglected and delinquent, not having been convicted of any crime, cannot be extradited.
49-41Oct 3PROBATION OFFICERS.
(COUNTIES OVER 90,000.)
Probation officers have authority to go to any portion of the State under order of the court and to be reimbursed for necessary expenses in so doing, so long as the total sum of expenses does not exceed $200.00 for any one year.
51-41Jan 21TAXATION.
COUNTIES.
County has no authority to purchase land to protect its tax lien. Holder of certificate under Jones-Munger Act must pay subsequent taxes accrued before date of collector’s deed.
51-41May 14SCHOOLS.
STATE TEACHERS COLLEGES.
Board of Regents may use discretion in preserving or destroying vouchers, checks, warrants, bills etc.
51-41Sept 15BOARD OF HEALTH.House Bill No. 501 is valid and authorizes the board to set up a merit system of its own.
51-41Dec 8BOARD OF NURSES.Nurses working under United States Health Service are not compelled to obtain nurse’s license.
52-41Apr 11COUNTY BUDGET LAW.In the county budget, the traveling and hotel expenses of the circuit court reporter should be classified as class 2.
52-41July 16SHERIFFS.
FEES.
Entitled to commission on notice of garnishment; entitled to fees on each case for serving writs on more than one case for the same trip.
52-41Oct 25RECORDER OF DEEDS.A fee may not be charged by a Recorder of Deeds for recording a discharge of a soldier in military service.
53-41Apr 28TAXATION.
SALES TAX.
Sales tax on coin operated games and devices constitutional.
53-41May 6NEPOTISM.As a rule death terminates the relationship by affinity, under Article XIV, Section 13 of the Constitution of Missouri.
53-41May 10WORKMEN’S COMPENSATION COMMISSION.House Bills 487 and 488 of the 61st General Assembly are constitutional.
53-41Oct 16JUSTICE COURTS.Plaintiff, except infants, in a Justice Court cannot conduct his suit by an agent but may do so in person or by an attorney.
54-41Mar 14MUNICIPAL OFFICES.
ELECTIONS.
The manner of filling unexpired term for the office of alderman in a city of the fourth class.
55-41Jan 20INSURANCE.Approval of Articles of Association of Kansas City Casualty Company.
55-41Jan 23INSURANCE.Stock casualty companies under Article VI, Chapter 37, R. S. Mo. 1929, may issue participating contracts.
55-41Jan 29INSURANCE.Approval of increase of capital stock and amendments to articles of incorporation of Employers Reinsurance Corporation.
55-41Feb 7INSURANCE.Proceedings to increase capital stock of the Business Men’s Assurance Company of America invalid.
55-41Feb 11INSURANCE.Approval of papers as to form and sufficiency submitted in connection with increase of capital stock of Postal Life and Casualty Company under Article II, Chapter 37 R. S. Mo. 1929.
55-41Mar 11INSURANCE.Approval of increase of capital stock and amendments to articles of incorporation of Kansas City Casualty Company of Kansas City, Missouri.
55-41Mar 18INSURANCE.Approval of articles of association of Commercial Bankers Mutual Casualty Company.
55-41Mar 21INSURANCE.Approval of Articles of Association of Mutual Savings Life Insurance Company.
55-41Apr 15INSURANCE.Approval to amendment of Articles of Incorporation of Commercial Bankers Mutual Casualty Company.
55-41May 13CORPORATIONS.
INSURANCE.
BUILDING AND LOAN ASSOCIATIONS.
Insurance companies, both foreign and domestic, are required to register under the provisions of Section 5085 of R. S. Mo., 1939. Building & Loan Associations not required to comply with the general statute respecting registration of corporations.
55-41Aug 13INSURANCE.Town mutual may insure automobiles of members but coverage specifically limited to fire, lightning and winstorm.
55-41Oct 24STATUTE.
INFORMATION.
Construing Section 8383, R. S. Missouri 1939.
56-41Jan 28COURT.
FUNDS.
Cannot loan surplus money from tax sales, as school funds until 20 years elapse from date of deposit in county treasury.
57-41Jan 23COUNTY COURTS.
SALE OF BONDS.
The authority of the county court to pay compensation to agent for selling refunding bonds.
57-41Jan 31CRIMINAL LAW.
WITNESSES.
Testimony of a physician is not privileged communication as to his patient where the facts testified to were not necessary for him to prescribe for such patient as a physician or do any act as a surgeon.
57-41Mar 13ROAD DISTRICT TAXATION.It is mandatory upon the county court to make a levy under Section 8526, R. S. Mo. 1939, and, upon the failure of the county court to make such a levy, mandamus will lie.
57-41Apr 9TAXATION.
SPECIAL ROAD DISTRICTS.
The fiscal, calendar and financial year of the county begins on the 1st day of January and ends on the 31st day of December. Warrants accruing in 1939 cannot be paid out of the taxes assessed for 1940 unless a surplus over and above county expenses in 1940.
57-41May 16CONSERVATION COMMISSION.
STATE PARK BOARD.
APPROPRIATION.
Construing Section 74, House Bill No. 66.
57-41May 20APPROPRIATION.
STATE PARK BOARD.
Trucks may be purchased under Section 74, House Bill 66.
57-41June 26CRIMINAL LAW.Wife abandonment and failure to support may be charged separately or conjunctively.
57-41Aug 18DEED.
CONSERVATION COMMISSION.
Interpretation of mineral reservation in deed.
57-41Aug 23RECORDER OF DEEDS.
CLERK OF CIRCUIT COURT.
Clerk of circuit court and ex-officio recorder of deeds serves until his term expires although by operation of law at the next general election a recorder of deeds must be elected.
57-41Sept 19CRIMINAL LAW.
COSTS.
Wife cannot testify against her husband without his consent. Upon the dismissal of a rape charge, state must pay the costs.
58-41Mar 4BUILDING & LOAN.Foreign associations advertising in newspapers are not doing business within this state.
58-41Mar 7BUILDING AND LOAN.Class B assets may borrow money from Class A.
60-41Jan 23Hon. Robert I. MeagherWITHDRAWN
60-41Feb 19COUNTY CLERK.Not liable for donation to special road district made by county court if donation is legal, unless funds are taken from the five classes of the County Budget Act.
62-41Jan 21GENERAL ASSEMBLY.Upon opening and publishing the returns of the election for state officers, may proceed to other business.
62-41Feb 18FEES.
SALARIES.
SHERIFF AND DEPUTIES.
CONSTABLES AND DEPUTIES.
ST. LOUIS COUNTY.
Not entitled to mileage in addition to salary in the performance of their official duties.
62-41June 19Hon. Joe H. MillerWITHDRAWN
62-41Aug 11TAXATION.
BONDS.
Railroad bonds on railroads in receivership are subject to taxation.
62-41Aug 13TAXATION.
BOARD OF EQUALIZATION.
Construction of House Bill No. 328 with reference to the duties of the State Tax Commission.
62-41Aug 19TAXATION.Form of collector’s notice of sale and certificate to proof of publication.
62-41Sept 9APPROPRIATIONS.
PENAL INSTITUTIONS.
Balance of moneys in various funds of Department of Penal Institutions should be transferred and credited to ordinary revenue fund at the end of biennium and after all warrants on such fund have been discharged and the appropriation has lapsed.
62-41Sept 11TOWNSHIPS.
BOUNDARY LINES.
PROCEDURE.
A petition for change of boundary of townships should come from the voters of each township affected.
62-41Sept 30TAXATION AND REVENUE.Appointment of an attorney for the collection of delinquent personal taxes.
62-41Oct 2TAXATION.
MERCHANTS.
TAX COMMISSION.
Jurisdiction of State Tax Commission over merchants’ assessments.
62-41Oct 3TAXATION.
PAYMENT.
APPEAL AFTER PAYMENT.
Taxpayer who pays a tax for the purpose of getting benefits of reduction on account of early payment, waives his right to appeal to the State Tax Commission for relief, even though he pays such tax under protest.
62-41Oct 3TAXATION.
TELEPHONE.
EXTENSION LINES.
Extension lines of telephone should be considered as a part of the right of way of a telephone company for allocation of wire companies for taxation purposes.
62-41Oct 8TAXATION.
STREET RAILWAYS.
ALLOCATION.
Miles of street traversed on regular routes by busses owned by street railways should be used in allocation for tax purposes.
62-41Oct 8TAXATION.
TAX COMMISSION.
Jurisdiction of Tax Commission over assessment rolls after the same have been delivered to proper officers for collection of the taxes.
62-41Oct 13TAXATION.
RAILROADS.
DEPOTS.
Railway express building owned by Terminal Railroad Association of St. Louis should be assessed as distributable property of railroads.
62-41Oct 17TAXATION AND REVENUE.(1) Rights of a holder of a certificate of purchase issued by the treasurer of a city of the first class. (2) When county court may redeem lands from such sale.
62-41Oct 20Hon. Jesse A. MitchellWITHDRAWN
62-41Oct 30JUDGMENT.
RECOGNIZANCE OR BAIL BOND.
(1) Statute of limitations applies for the reason that net proceeds go to the school funds in the county. (2) The three-year lien upon the real estate of the defendant, as provided in Section 1270, R. S. Mo. 1939, immediately attaches upon rendition of judgment. (3) Such judgments may be revived by scire facias or suit upon the judgment as in other civil cases.
62-41Nov 5TAXATION.
INTER-STATE BUS AND TRUCK LINES.
The State Board of Equalization does not have jurisdiction to assess Inter-State Bus and Truck Lines because the statute authorizing same has been repealed.
62-41Nov 14PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
The Commission of Penal Institutions has the power to authorize boys at the Missouri Training School for boys to do work outside the institution for private individuals.
62-41Dec 17INFANTS.
MO. TRAIN. SCHOOL FOR BOYS.
JURISDICTION.
Jurisdiction sentence delinquent boys under 17-circuit courts, Cape Girardeau Common Pleas; such boys between 17 and 21, same courts, also St. Louis Ct. Crim. Correction. For certain felonies, circuit courts may sentence boys under 17 to pen., or Train. School; for other felonies may sentence only to Train. School. Remedy to correct sentence to wrong place is habeas corpus.
62-41Dec 31ANIMALS.Slaughter of horses and mules not unlawful if done in humane manner.
63-41July 7CRIMINAL COSTS.
JURIES.
Sheriff is only entitled to a reasonable amount allowed by the circuit judge and prosecuting attorney for the board and lodging of a jury.
64-41Aug 25COUNTY COURT.
COUNTY HOSPITAL AND NURSES’ HOME.
Nurses’ Home cannot be constructed under levy for construction of a county hospital.
64-41Sept 18OFFICERS.Acceptance of “tips”, even though after office hours – against public policy.
64-41Nov 18Hon. Mark MorrisWITHDRAWN
64-41Dec 16Hon. Mark MorrisWITHDRAWN
65-41July 25NEPOTISM.A father is not related to the sister of his son’s wife by affinity, and the appointment by the father of such person as an official clerk does not violate Sec. 13, Article 14, of the Constitution.
66-41Jan 2TAXATION.Even tho cemetery association later sells off part of land said land tax exempt during time held by association for cemetery purposes.
66-41June 6TAXATION AND REVENUE.The taxpayer can complain to the State Tax Commission when his proper appeal from the county assessor to the county board of equalization has been denied for the reason he had not introduced evidence in support of the affidavit for appeal.
66-41June 26TAXATION.Defense Bonds Series E, F, and G, not taxable as personal property.
67-41Jan 8COUNTIES BUDGET LAW.Liability of county for supplies not included in officer’s budget.
67-41Jan 13CIRCUIT CLERKS, COUNTY CLERKS.Not entitled to retain fees to apply upon fixed salary.
67-41May 26INTOXICATING LIQUOR.Supervisor may grant license to person indicted for violation of Act, if person has qualifications required by Act. May not grant license to person convicted for such violation by judgment and sentence of court.
67-41Sept 24TAXATION AND REVENUE.County Court can not abate penalty on the mistake made by the collector as to the amount of taxes owed by the taxpayer.
67-41Dec 29ROADS AND BRIDGES.Commissioners of special road district organized under Art. 18, Chapt. 46, R. S. Mo., 1939, have exclusive control over all roads, bridges and culverts within said district.
68-41Jan 20CLERK OF CIRCUIT COURT.Salary change effected by 1940 census begins January 1, 1941.
68-41Feb 28SHERIFFS.Entitled to mileage in each case for serving several summons on same trip.
68-41Mar 6TAXATION.
REVENUE.
An election for a county library cannot be held if at that time the county court has levied to its full limitations under Section 11, Article X of the Constitution of Missouri.
68-41Mar 31PENAL INSTITUTIONS.
CRIMINAL PROCEDURE.
Upon conviction in a capital case on appeal and stay of execution the sheriff must deliver the convict to the Warden of the Penitentiary not more than ten days from the date of the judgment.
68-41Aug 28MOTOR VEHICLES.
PROSECUTING ATTORNEYS.
A jury, judge, or prosecuting attorney cannot assess or recommend a fine of less than Five Dollars for careless driving under Section 8383, R. S. Missouri 1939.
68-41Aug 28BOARD OF CHIROPRACTIC EXAMINERS.May not remit renewal fees; issuance of renewal license is mandatory on payment of required fee.
68-41Oct 18CRIMINAL LAW.
INSANITY.
Convict under death penalty reprieved by Governor and discharged by State Hospital as sane is subject to execution.
69-41Jan 21INTOXICATING LIQUOR.The penalty for a violation of Section 8 of the Liquor control Act is a misdemeanor as provided by Section 43 of said act.
69-41Feb 12PROSECUTING ATTORNEY.
CRIMINAL LAW.
FORMER JEOPARDY.
One charged with careless and reckless driving who paid a fine is not put in jeopardy by being subsequently charged with carrying a deadly weapon while intoxicated.
69-41Apr 17COUNTY SUPPLIES.Section 2511, R. S. 1939, did not prescribe method for purchase of supplies in counties having a population of 15,700 inhabitants.
69-41Apr 21FOOD STAMP PLAN.Counties under 50,000 inhabitants may participate in Food Stamp Plan if expenditure properly budgeted, but have no authority to borrow funds against unknown future revenue for this purpose.
69-41Aug 18SOLDIERS AND OTHER PERSONS IN MILITARY SERVICE.Civil courts have jurisdiction concurrent with military courts to try for violations of civil laws.
69-41Oct 2PEDDLERS.Farmer who feeds and kills his own cattle may sell the meat therefrom without paying a peddler’s license.
69-41Oct 24ANIMALS.The stealing of a dog is subject to a charge of larceny.
69-41Nov 22ROADS AND HIGHWAYS.
OVERSEERS.
CONTRACTING FOR ROAD MACHINERY.
Road overseers of common road districts are not authorized to contract for road machinery nor to incur obligations in excess of income for current year.
69-41Dec 1ROADS AND BRIDGES.County may ask damages for injury to county roads in the original condemnation suit by the United States condemning roads in any army area.
71-41Mar 29COUNTY TREASURER AND EX OFFICIO COLLECTOR.Section 11106 applies to compensation as ex-officio collector and section 13450 does not.
71-41Aug 20COUNTY TREASURERS.House Bill 255 becomes effective October 10, 1941, but operation may be postponed to some treasurers.
71-41Oct 15OFFICERS.Probate Judge may be a notary public at the same time as the duties are not incompatible.
73-41Jan 30HIGHWAY ENGINEERS.County Highway Engineers not entitled to mileage in counties of twenty thousand to fifty thousand.
73-41Feb 13GARNISHMENT.Notice to a judgment debtor after general execution is not a prerequisite before issuing a writ of summons to a garnishee.
73-41Apr 10MOTOR VEHICLES.Dealer’s license plates may not be used in the demonstration or transportation of farm tractors.
73-41Sept 4MOTOR VEHICLES.
HIGHWAY PATROL.
Highway Patrol unauthorized to keep slow moving, heavily loaded motor vehicles off highways.
73-41Sept 30MOTOR VEHICLES.“Push-a-Bike” is a motortricycle within the meaning of the motor vehicle act.
73-41Nov 21Hon. W. Oliver RaschWITHDRAWN
74-41Sept 10CRIMINAL LAW.Affidavit sufficient to charge the crime of Grand Larceny under Section 4456 R. S. Mo., 1939 – Larceny and Embezzlement distinguished.
75-41July 18PARENT & CHILD.Valid marriage affects emancipation of child from parental control, and parental consent for vaccination of married minor not necessary.
76-41Jan 23NEPOTISM.
OFFICERS APPROVING APPOINTMENTS.
A member of the County Court voting for approval of his son-in-law as assistant county engineer violates the nepotism act; but if other members of the court vote for such approval without the connivance, understanding or agreement of the related member then the act is not violated.
76-41Jan 24TAXATION.
SPECIAL ROAD AND BRIDGE TAXES.
County Court authorized to make additional levy under provisions of Section 22 of Art. X of the Constitution for special road and bridge taxes.
76-41Feb 12SPECIAL ROAD DISTRICTS.Cannot use funds derived from special road tax to pay bonded indebtedness.
76-41Apr 17ELECTION CONTESTS.In absence of statute the county clerk cannot receive any compensation for additional expense in recounting ballots in gubernatorial contest. The county court cannot reimburse him because the claim is not a valid claim and the court is precluded from paying the same by the County Budget Law.
76-41Apr 22TAXATION AND REVENUE.(1) Nonresident owner may, through a legally constituted attorney in fact, redeem his land sold under the Jones-Munger law, within the statutory period of redemption. (2) Answered by an opinion rendered to Mr. Bryan A. Williams, Prosecuting Attorney, Marble Hill, Missouri.
76-41May 9Mr. G. Oscar RobinsonWITHDRAWN
76-41Aug 16MUNICIPAL CORPORATIONS.
CONFLICT OF LAWS.
In cities of the third class the mayor only has the power of appointment of non-elective officers. City ordinance conflicting with state law absolutely void.
76-41Oct 17BURIAL INSURANCE SOCIETIES.Persons or corporations doing burial insurance business without authority from Insurance Department subject to punishment.
76-41Nov 10TAXATION.Surplus from tax sale should be paid to persons entitled thereto. In case of doubt or dispute of such surplus, the collector should pay the same into the county treasury for the use and benefit of such person or persons.
76-41Nov 19OFFICERS.
COUNTY TREASURERS.
Treasurer can not receive extra compensation for taking care of accounts of county toll bridges.
77-41Jan 18SHERIFFS.Special election to fill vacancy.
80-41Aug 7JOURNALISM SCHOOL.
LINCOLN UNIVERSITY.
REASONABLE TIME.
Establishment of journalism school 7 months after demand is within a reasonable time.
80-41Sept 6SCHOOLS.
LINCOLN UNIVERSITY.
Rules made by Board of Curators with reference to paying Negro school students’ tuition outside of State are reasonable; 1% of fund can not be used for administrative purposes.
80-41Sept 19BUILDINGS.
LINCOLN UNIVERSITY.
Public bodies must enter into contracts for labor and materials in the construction and repair of public buildings and improvements.
81-41Jan 9GENERAL ASSEMBLY.Power to investigate election returns prior to seating executive officials.
81-41Jan 20GOVERNOR.Veto of Resolution No. 3 passed in Joint Session by Sixty-first General Assembly is a nullity.
81-41Jan 21CORPORATION.Notice of reduction of employees’ wages is mandatory and has reference to all classes of employees (Sections 4590 and 4591, R. S. Mo. 1929).
81-41Mar 22COUNTY OFFICERS.
SHERIFF.
DEPUTY.
The sheriff and his deputies may not legally receive from and be furnished free transportation by a street railway company.
81-41May 26RECORDER OF DEEDS.It is the duty of the recorder of deeds to record all instruments when properly proved or acknowledged according to law and authorized to be recorded in his office.
82-41Aug 25CORONERS.When the act of violence occurs in one county and the victim dies in another, the coroner of the county in which the victim dies should have jurisdiction and the county court of that county is liable for the legal expense incurred in connection with such inquest.
83-41Jan 15SALARIES.
CONTESTED ELECTION.
CIRCUIT JUDGE.
Circuit Judge Sam C. Blair cannot collect a salary from the state unless he gives bond and complies with Section 11423, R. S. Missouri 1929.
83-41Jan 20SPECIAL ROAD DISTRICTS.Warrants to be paid in future years for payment of machinery where total costs is in excess of the unspent year’s income and that which can be anticipated for the year that said machinery is bought are void and non-enforceable within the meaning of Section 12, Article 10 of the Constitution of Missouri, and therefore, said warrants would have no affect upon a reorganization of the said road districts.
83-41Mar 10Hon. Forrest SmithWITHDRAWN
83-41Apr 11BOARD OF FUND COMMISSIONERS.Comparison of paid bonds and coupons does not have to be done personally by Board of Fund Commissioners, but may be delegated.
83-41Apr 25CRIMINAL LAW.
MOTOR VEHICLES.
Prosecution for theft of tires of the value of more than Thirty Dollars must be brought under the grand larceny section and not under the tampering section and upon acquittal the state must pay the costs.
83-41May 1CRIMINAL COSTS ON CHANGE OF VENUE.Reporter’s fee of Three Dollars should be paid in the county where the information or indictment is filed.
83-41May 8BOND ISSUES.Uncertified assessments can not be used in ascertaining value of property within political subdivisions.
83-41May 9SCHOOLS.Contract for more than one year with teacher is legal and binds new board, if contract is made in good faith without fraud or collusion, and is for reasonable time. (Overruling opinion of Mr. Buffington and reaffirming opinion of General Crow of May 1, 1933, to Board of Education, Columbia, Missouri)
83-41July 2MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
Motor vehicles carrying agricultural products exclusively in intrastate traffic exempt from Public Service Commission Act.
83-41July 8CRIMINAL COSTS.Court reporter not entitled to costs of transcript of bill of exceptions on a pauper appeal until the case is finally decided and determined without right of further appeal.
83-41July 24STATE AUDITOR.
ESCHEAT FUND.
Auditor precluded from drawing warrants upon Escheat Fund absent an appropriation by the Legislature creating funds out of which the State Treasurer may pay such warrants.
83-41July 25SCHOOLS.School board is not authorized to by caps and gowns and invitation cards for students at graduation time. There is no statute authorizing the same.
83-41Oct 2CRIMINAL LAW.Setting out officers subject to prosecution for the purchase of fees and warrants at less than par under Section 4349, R. S. Missouri 1939.
83-41Oct 10APPROPRIATIONS.Appropriation from Private Grain Inspection fund for six months period is not affected by Section 73 of House Bill 581.
83-41Oct 16Hon. Forrest SmithWITHDRAWN
83-41Oct 22STATE AUDITOR.State auditor has power, under Section 13100, R. S. Mo. 1939, to compel Recorder of Deeds to show actual amount paid deputies or assistants. If he refuses to do so the matter should be referred to the Prosecuting Attorney.
83-41Oct 25BOARD OF HEALTH.No limit on inspectors in Food & Drug and cosmetology departments or their salaries. State Board through president may sign all payroll vouchers, except water and sewage division which Commissioner of Health may sign, but such duty may be delegated.
83-41Dec 10Hon. Forrest SmithWITHDRAWN
85-41July 19BOARD OF HEALTH.Commissioner of Health has a right to investigate the health conditions of a county jail, and should report his findings to the County Court and the Circuit Judge of the particular county, and may furnish his report to the City Council of the city in which the jail is situated.
85-41Sept 11STATE BOARD OF HEALTH.Has no legal duty to make laboratory tests for individuals or officials in matters not affecting the public health.
85-41Oct 9STATE BOARD OF HEALTH.Although a hotel is exempt from property tax it is not exempt from hotel license fees. Deputy of State Board of Health must follow the statutes in condemnation and forfeiture of food and drugs.
85-41Oct 30HEALTH, BOARD OF.
MUNICIPAL CORPORATIONS.
Board of Health and cities of the first class both have authority to inspect food and drugs.
85-41Dec 1STATE BOARD OF HEALTH.It is the duty to inspect homes for incurable people even though no special appropriation was made for the purpose.
85-41Dec 2ADMINISTRATION.Upon refusal to grant letters of administrations under Section 2, Laws of Mo. 1941, page 289, widower, widow or minor children under the age of 18, through their guardian, as the case may be, may assign title to automobile in the estate. A creditor under Clause 2 of said section, supra, has the right to transfer the title to an automobile in the estate, if there be one.
85-41Dec 10COUNTY COURTS.
PUBLIC BUILDINGS.
County courts may convey a site for construction of a public health center provided such location is not needed for county public buildings.
85-41Dec 13STATE BOARD OF HEALTH.
NURSING SHELTERS OR BOARDING HOMES.
RULES AND REGULATIONS.
 
85-41Dec 15Dr. James StewartWITHDRAWN
85-41Dec 17BOARD OF HEALTH.
HOTELS.
Board of Health may make tourist camp regulations applicable to hotels.
85-41Dec 29OFFICERS.Any state, county or city officer is eligible as federal agent under the state tire rationing administrator if they serve without pay.
86-41Feb 15HIGHWAY COMMISSION.Right to rescind construction contract by mutual consent by paying for work and materials actually furnished; payment of any sum in excess of money actually earned by contractor under a contract is illegal.
86-41Mar 10STATE HIGHWAY COMMISSION.May not abandon voluntarily a constitutionally established road.
86-41Mar 26COUNTIES.
FEDERAL SURPLUS COMMODITIES.
FOOD STAMP PLAN.
COUNTY BUDGET ACT.
County courts may appropriate monies for purchase of food stamps, but such purchases must be subject to the provisions of the County Budget Act.
86-41Nov 25SCHOOLS.Board does not have statutory authority to appropriate money for sending out delinquent tax notices. School district is not liable for paving and improving streets adjacent to building.
88-41Jan 6POLL TAX.City of Third Class has right to impose.
88-41Sept 18INTOXICATING LIQUORS.Provision of ordinance of incorporated city under special charter which excepts licensing and sale of malt liquors in original package at retail liquor stores is invalid, same being inconsistent with state law.
89-41Feb 21SALARIES OF COUNTY OFFICERS.Change in salaries occasioned by change in population should be effective as soon as changed report of population is available.
89-41Feb 28Hon. Gene ThompsonWITHDRAWN
89-41Apr 24COUNTY BOARD OF EQUALIZATION.Cannot equalize values between farm lands and city lots; cannot raise value of a class of property.
89-41Sept 3TAXATION.
RURAL ELECTRIFICATION.
GOVERNMENT AGENCIES.
Rural Electrification Co-operatives are not government agencies and are therefore subject to the provisions of the Tax laws.
89-41Oct 3PROSECUTING ATTORNEYS.Prosecuting Attorney not entitled to retain for his services, under Sec. 12942 R. S. Mo., ’39, any compensation, but may receive his necessary traveling expenses.
89-41Dec 12COUNTY COURTS.County courts have power to employ watchmen to preserve county property.
90-41Jan 3COUNTY TREASURER.Surplus monies can only be paid through suitable order from county court.
90-41Nov 28LABOR DEPT.
MATTRESSES.
STERILIZATION OF.
Used mattresses must be sterilized before sale, and during renovation. Failure to do so, misdemeanor, and ground for refusal and revocation of license.
90-41Dec 8LABOR, DEPARTMENT OF.Female contestants in a “walkathon” come within the provisions of Section 10171, R. S. Mo. 1939, and cannot participate more than nine hours a day or fifty-four hours a week.
93-41July 3NEPOTISM.Section 13, of Article XIV, of the Constitution of Missouri, does not prohibit the appointing by a public officer of a husband of a wife whose great grandfather was the brother of the grandfather of the office holder.
93-41Dec 31SHERIFFS’ DEPUTIES.
PRIVATE GUARDS.
Not necessary for private guards to be commissioned as deputy sheriffs.
94-41Mar 27SCHOOLS.Benefits for teachers in St. Louis. Act can include requirement that teacher reside in St. Louis during time required for obtaining pension; not necessary to pass amendment to the Constitution for legislative act to be valid for teachers only in St. Louis.
94-41Aug 8TAXATION.
EXTENSION OF TAXES BY COUNTY CLERK.
The ninety-day period in which County Clerk shall extend taxes and turn books over to Collector, begins to run when County Board of Appeals has completed its work and the certificate from the State Tax Commission has been received.
94-41Aug 26CIRCUIT JUDGE.Exercises same powers as a member of the county court as jury commissioner.
94-41Nov 6OFFICERS.
TRAVELING EXPENSES.
State cannot place deposit with airplane company to cover traveling expenses of state officials and employees.
95-41Feb 13COUNTY TREASURER.Not authorized to issue check in payment of judgment until warrant was presented.
97-41Feb 7ROAD DISTRICTS.
ROADS & BRIDGES.
Special Road District may make levy under Section 8067 R. S. Missouri, 1929, for repairing roads in the district and may also purchase rock crusher, to crush rock to be used in repairing said roads.
97-41Feb 19COUNTY COLLECTOR.Back taxes are not to be included in the limitation of fees under Section 11106 R. S. Mo. 1939.
97-41Feb 26COUNTY BUDGET ACT.Traveling expenses of prosecuting attorney can be paid out of surplus in class 5, or can be paid out of class 6.
97-41Mar 5Hon. Robert P. C. Wilson, IIIWITHDRAWN
97-41Mar 14COUNTY COURT.
JURY COMMISSIONERS.
The county and circuit courts may examine a poll book in preparing, before selecting, persons qualified to serve as jurors as provided in Section 705 and Section 706 R. S. Mo. 1939.
97-41Mar 24SCHOOL DISTRICTS.May sell school buildings if no longer required and new building is provided.
97-41Apr 14TOWNSHIPS.Arbitrary refusal of chairman to sign order for purchase price of road machinery where the majority of the members of the board have voted for the issuance of said order, forces the recipient of said order to bring court action.
97-41May 21TAXATION.Omitted personal property on a return to the assessor cannot be assessed as to previous years.
97-41Aug 7CONSTABLES.
OFFICERS.
County court is not prohibited from appointing a constable who is in the general mercantile business.
97-41Sept 5TAXATION.
TOWNSHIP.
Amount of levy that may be made for township purposes, including special road and bridge fund.
97-41Oct 7MUNICIPAL CORPORATIONS.Violation of city ordinance regulating automobile speed is offense against city and is not a State offense.
97-41Oct 11PRISON MADE GOODS.
SHIPMENT PRIOR TO OCT. 14TH.
Prison made goods may be shipped outside Missouri prior to midnight October 13, 1941.
97-41Oct 18SHERIFF.
COUNTIES.
County Counselor of St. Louis County is sole attorney for sheriff.
97-41Oct 29TAXATION.
PERSONAL TAXES.
PRIORITY OF LIEN.
The state’s lien on personal property seized to satisfy personal taxes is superior to all prior liens, including chattel mortgages.
97-41Nov 25COUNTIES.Deficit in road districts can not be paid out of the current revenue, but must be paid out of the delinquent taxes or surplus in subsequent years.
97-41Nov 29ADMINISTRATION.Section 301, Laws of Missouri 1941, is procedural in character and becomes effective ninety days after the adjournment of the Legislature.
98-41Apr 4Hon. Con WithersWITHDRAWN
98-41May 7EXTRADITION.Apprehension pending Governor’s warrant; arrest on suspicion; affidavit before justice of the peace by competent witness sworn to in Missouri; examination.
98-41June 19TAXATION.Federal employees in Veterans’ Hospital on reservation at Excelsior Springs are liable for personal property tax on their motor cars.
98-41July 22SHERIFF, JAILS AND JAILERS.County court cannot increase the allowance for feeding prisoners during the current year.
98-41Dec 30ROADS AND BRIDGES.
COUNTY BUDGET.
County treasurer can protest warrants against special road and bridge fund of any road district but not the county road and bridge fund.
99-41Apr 23ELECTION CONTEST.Board of Election Commissioners of Kansas City, because of special statutes, may employ and pay extra help in conducting recount in gubernatorial contest.
99-41Oct 31WITNESS BEFORE GRAND JURY.Any witness appearing before a grand jury is entitled to witness fees and it is the duty of the county treasurer to pay such witness out of any money in the county treasury appropriated for other expenses provided such witness has the proper scrip for his fees as is provided in Sec. 13421, R. S. Mo. 1939.
100-41June 24MOTOR VEHICLES.
INFORMATION.
May not display placard bearing words “License Applied for” as substitute for registration plates; approved information for such violation.
100-41July 22COUNTIES.Contract of insurance on buildings and county property for more than one year is void.