1942 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-42Feb 12OFFICERS. County officers in counties under 50,000 population may purchase own supplies.
1-42Mar 23SCHOOLS.
SCHOOL DISTRICTS.
PARTITION FENCES.
Liability of public school districts for costs of partition fences.
1-42June 6TOWNSHIP ORGANIZATION.
TRUSTEES.
1. Upon refusal and failure to qualify after being elected, the old board shall call another election. 2. Old trustees shall continue to perform all duties until new trustees are elected and qualified.
1-42July 9ELECTIONS. Qualifications of judges of election.
1-42Aug 20Hon. George AdamsWITHDRAWN
1-42Oct 1ELECTIONS. Application of absentee voters in the Armed Forces within and outside of the State, and when such votes shall be placed in the hands of the election officials.
1-42Oct 21ELECTIONS.Members of police force not permitted to be within voters’ booths during progress of election, and not entitled to be within polling places unless requested by judges of election.
2-42Dec 16STATE PLANNING BOARD. Appropriation for board limited to $10,000.00 for any biennium.
3-42Feb 16Mr. Richard Arens WITHDRAWN
3-42May 14ELEEMOSYNARY INSTITUTIONS.
INSANE.
Indigent insane must be resident of county before he may be admitted as a county patient.
3-42Dec 10CORONERS. Election for coroner in 1942 unauthorized and void, and commission should not issue.
4-42Feb 10STATE FAIR.
COMMISSIONER OF AGRICULTURE.
Commissioner of Agriculture may hold essay or poster contests in schools to carry out purposes of the State Fair Act.
5-42Oct 22COUNTY RATIONING BOARD. Member of the legislature may serve on the county rationing board.
5-42Dec 28OFFICERS.
CORONER.
JUSTICE OF THE PEACE.
Coroner and justice of the peace may hold the same office.
6-42Jan 12STATE TREASURER.
PUBLIC SERVICE COMMISSION.
MOTOR VEHICLE FUNDS.
State treasurer’s duties respecting licenses fees on motor vehicles under Section 5728, R. S. Mo. 1939.
6-42Feb 20COUNTY COURTS.Taxes levied to pay off the indebtedness incurred to build a courthouse cannot be used for any other purpose.
6-42June 22LIQUOR.
BEER STAMPS.
When appropriation of Treasurer exhausted, Liquor Supervisor may purchase stamps out of his printing appropriation.
6-42July 20ELECTIONS.County clerk furnishes ballots. Sheriff posts notice of election on vacancy of member of the legislature.
7-42Aug 21SCHOOLS.Portion of district cannot be annexed to city district unless at least thirty (30) children remain in the district.
7-42Sept 18ELECTIONS.
PRINTING ABSENTEE BALLOTS.
Clerks may have absentee ballots printed more than ten days prior to election day.
9-42June 30BLIND PENSION. Interpretation of Section 9452, R. S. Mo. 1942.
10-42Jan 14STATE PARK BOARD.
CONSERVATION COMMISSION.
OFFICERS.
The Department of Conservation and State Parks are two separate and distinct departments. Duties of the director of State Parks as provided under Section 15329, R. S. Mo. 1939.
10-42Feb 4STATE PARK BOARD.The State Park Board may repair and maintain Arrow Rock State Park tavern under certain conditions.
10-42Feb 27Mr. I. T. BodeWITHDRAWN
10-42May 13Hon. John O. Bond WITHDRAWN
10-42Sept 12Mr. Paul BooneWITHDRAWN
11-42Mar 2MARRIAGES.Four questions in regard to who issues the license.
11-42Apr 8Hon. F. M. Brady WITHDRAWN
11-42Apr 27MARRIAGES.Justice of the peace not prohibited from soliciting marriage ceremonies.
11-42July 15COUNTY COURTS.County court has exclusive control over motor vehicles owned by county.
11-42Aug 11Mr. F. M. Brady WITHDRAWN
11-42Oct 12TAXATION. Lands assessed for taxation under a void description can not be corrected in a deed by the Collector, so as to convey good title to the lands intended to be assessed and sold.
11-42Nov 27COUNTY COURTS.
COURTHOUSE.
County courts may dispose of lands acquired for courthouse, if same are not lands acquired and needed for county seat purposes.
12-42Feb 5INCOME TAX, FEDERAL ESTATE TAX AND INHERITANCE TAX.Contributions made to Missouri School for Blind are exempt from income, inheritance and federal estate taxes.
12-42Feb 20COURTHOUSE. County court has authority to provide additional courthouse space, but cannot pledge revenue for future years.
12-42Mar 3ELECTIONS.June 5, 1942, is the last day to file declaration of candidacy.
12-42Mar 6ELECTIONS.July 2, 1942, is the last day for filing initiative petitions.
12-42Mar 17ELECTIONS.Hours of opening and closing polls in 1942 governed by War Daylight Time; in cities of less than 25,000 close at sunset if after 7 p.m.
12-42Apr 1ELECTIONS.Stickers must be placed over identifying numbers on all ballots.
12-42Apr 20SECURITIES COMMISSION.Deposit of Fidelity Investment Association not subject to law relative to deposits of State money.
12-42Apr 22MISSOURI SCHOOL FOR THE BLIND.County court not authorized to pay expenses of students who are not sent by court order.
12-42Apr 22MISSOURI SCHOOL FOR THE BLIND. Resident defined.
12-42Apr 27SCHOOLS.
MISSOURI SCHOOL FOR THE BLIND.
Board of Managers may use discretion in employing teachers.
12-42Apr 27ELECTIONS. Names of Appellate judge must be published. Returns of result of vote on retention of judges and initiative questions must be separate.
12-42Apr 30PRINTING.(1) Commission may adopt rule of Supreme Court as to briefs, where statute and rule do not conflict; (2) may take bid on statutory basis of ems, tokens or quire on composition and presswork according to method employed and job to be done; (3) may require contractor to obtain receipt from department which receives printing; (4) on binding, commission may cover price on press numbering and perforating by percentage discount from hand schedules.
12-42June 3ADMINISTRATION.
PROBATE COURTS.
Personal estate of non-resident decedent may be administered by the Probate Court in which the estate is settled. Probate Courts not required to turn over to domiciliary administrator the personal estate of a non-resident decedent, after the payment of all debts, if, under the circumstances, such distribution may be best accomplished by administration in this state.
12-42June 17Hon. Dwight H. BrownWITHDRAWN
12-42June 20ELECTIONS.
PRIMARY.
It is not necessary to print names of minor party candidates on primary election poll books, tally books and other supplies: Minor parties having failed to cast more than 5% of votes at last election for Governor.
12-42July 2ELECTIONS. The Act of 1941 deprives the party committee from filling vacancies on the ballot except in cases where the nominee dies or resigns. – No write-ins on primary ballot except for committeeman or committeewoman.
12-42July 3ELECTIONS. Powers and duties of party committee in filling vacancies after the primary.
12-42July 7ELECTIONS – REPRESENTATIVES AND SENATORS – UNEXPIRED TERMS. Mode of electing senators and representatives for unexpired terms, and mode of nominating them.
12-42July 10CONSTITUTIONAL AMENDMENT.Title for Old Age Pension and Aid for Dependent Children.
12-42July 10CONSTITUTIONAL AMENDMENT. Title for Unicameral Legislature.
12-42July 13ELECTIONS – REPRESENTATIVES AND SENATORS – UNEXPIRED TERMS.Mode of electing senators and representatives for unexpired terms, and mode of nominating them.
12-42Aug 17INITIATIVE PETITIONS.Secretary of State shall allow the withdrawal of initiative petitions when requested so to do by a representative of the petitioners.
12-42Sept 10ELECTIONS.The official judicial ballot shall be published by the clerks of the county courts on each county in the State of Missouri.
12-42Sept 14ELECTIONS. Judicial ballot title; Constitutional Convention ballot title.
12-42Sept 16ELECTIONS.
ABSENTEE BALLOTS.
PERSONS IN MILITARY SERVICE.
Persons in military service in making an application for absentee ballot are not required to reveal their location, unit or rank.
12-42Oct 7Hon. Dwight H. Brown WITHDRAWN
12-42Nov 19ELECTIONS.
CONSTITUTIONAL CONVENTION.
BALLOTS.
STICKERS.
Stickers should be placed on ballots voted for delegates to Constitutional Convention.
13-42Jan 2COUNTY SUPERINTENDENTS OF SCHOOLS.Entitled to receive additional compensation for added duties.
13-42Feb 9BONDS.
BOARD OF ELECTION COMMISSIONERS.
COUNTY COURTS.
Governing body liable for payment of premiums on surety bonds where the public official elects to give surety bond and the public body protected consents and approves same.
13-42May 21COUNTY CLERKS.
FEES.
County Clerk not entitled to fee for filing declaration of candidacy.
13-42Sept 2SCHOOLS. Board of education in town, city and consolidated districts does not have authority to accept anything but cash at sale of school property.
13-42Oct 27PROBATION AND PAROLE OFFICERS. Exempted from “concealed weapon” statute.
13-42Dec 22BOARD OF PROBATION AND PAROLE.Printing must be done in accordance with Public Printing Act.
15-42Mar 26ELECTIONS.Serial number on ballot must be covered by black sticker.
15-42Nov 17SCHOOLS. County superintendent is a member of county textbook commission regardless of fact that he may have been employed by publisher of school books prior to his election.
16-42Jan 19PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Lessee operating motor vehicle properly registered in the State of Texas and transporting own goods and wares in the State of Missouri, in operating for hire does not come within the purview of Public Service Act but must register said motor vehicle in the State of Missouri.
16-42Jan 22MOTOR VEHICLES.Finder of numberless automobile tire has sufficient ownership to have a special number assigned by the Secretary of State.
16-42May 14MISSOURI SCHOOL FOR THE BLIND.
TEACHER’S CONTRACT.
Discussion of what constitutes teacher’s contract.
16-42July 10ELECTIONS.
STATE REPRESENTATIVES.
In re election to fill vacancy in office of State representative.
16-42Aug 6MISSOURI SCHOOL FOR THE BLIND. Missouri School for the Blind is a part of the free public school system.
16-42Aug 7SCHOOL FOR THE BLIND. Age of pupils must conform to limits fixed by Section 1, Article 11 of the Constitution.
16-42Sept 9RELIGIOUS CORPORATIONS.Pension Board of the Methodist Episcopal Church is not a religious corporation.
16-42Dec 12PROSECUTING ATTORNEY. Term of office continues until successor has qualified.
17-42Apr 30TAXATION.
EXEMPTIONS.
In re exemptions of American Royal Buildings, American Royal Annex and American Royal Parking Lot.
17-42Dec 28PROBATE JUDGE.
CLERK OF PROBATE COURT.
Amount, approval and place of signed bond of ex officio clerk.
18-42Jan 3HEDGE FENCES.Form of Petition; Form of Instruction and Form of Verdict, to be used in a proceeding under Section 8578 R. S. Missouri, 1939.
18-42Jan 24STATUTES.
COOPERATIVE COMPANIES.
Section 14417 R. S. Missouri, 1939, is a special statutes in character, and having been enacted subsequently will prevail over Section 8318 R. S. Mo., ’39.
18-42Feb 16ADOPTION LAWS. Discussion of Section 9611B, enacted by 61st General Assembly.
18-42Apr 7TAXATION.
ROAD DISTRICT.
SPECIAL BENEFIT DISTRICTS.
Commissioners may not levy tax for construction and maintenance of roads and bridges.
18-42May 4SCHOOLS. 1. Annexation of a district, or a part thereof, provided for in Section 10484 R. S. Mo., 1939 is a “special election.” 2. Said election would be valid even though set at the same time as a regular meeting as is provided for in Section 10418 R. S. Mo., 1939.
18-42June 3CRIMINAL COSTS.
PROSECUTING ATTORNEYS.
Prosecutor not entitled to fee for conviction upon a plea for guilty when plea was set aside and case dismissed.
18-42Dec 4SOLDIERS.Entitled to free copies of public records.
19-42Jan 8TAXATION.
COLLECTION.
PARTIAL PAYMENT OF TAXES.
Partial payments of taxes are held by the collector as a trustee and such taxes belong to the tax payer until the full amount of the taxes are paid.
19-42Apr 21HEALTH. Regulation made by Board of Curators of University of Missouri, requiring all students to submit to vaccination to prevent smallpox and their failure so to do constituting grounds for exclusion from the University, is a reasonable regulation and can be made and enforced by such Board of Curators.
19-42Aug 25SPECIAL ROAD DISTRICTS. May contribute to construction of road within 15 miles of the district limits regardless of county lines. County courts may not contribute to construction of roads outside of its own limits.
19-42Dec 16BONDS.
CONSERVATION COMMISSION.
FISH AND GAME REGULATIONS.
Conservation Commission authorized to furnish surety bonds to cover distribution agents in the sale of hunting and fishing permits.
20-42Jan 15OFFICE OF DEPUTY COUNTY CLERK.
LEGISLATORS.
Members of the General Assembly may not be appointed Deputy County Clerk during the term for which he is elected to the General Assembly.
20-42Jan 19SCHOOLS.The Board of directors of a common school district can legally bind their successors on warrants drawn on the proper funds provided said warrants are valid and legal.
20-42Feb 6ROADS AND BRIDGES.
PURCHASING MACHINERY.
Commissioners of special road districts may purchase road machinery with bond funds issued for the purpose of constructing, repairing and maintaining bridges and roads.
20-42Mar 10TAXATION.1. Redemption, after two years, from a certificate issued in 1938, is passed upon by a former opinion. 2. Interest at the rate designated by a collector in a certificate of title shall run from the date of issuance of such certificate for a period of two years and six months thereafter.
20-42Mar 24TAXATION.
SPECIAL LEVY ORDERED BY THE CIRCUIT COURT.
Special levy of taxes ordered by the Circuit Court Judge are subject to the limitation prescribed by the constitution.
20-42Apr 15FEES.Expense of extradition paid only by the State.
20-42Apr 17SCHOOLS.Consolidated district may change location without the vote of taxpayers.
20-42May 6Hon. W. W. CrockettWITHDRAWN
20-42May 11MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
Employee of Fort Leonard Wood transporting other certain employees to the Fort is not a “motor carrier” or “contact hauler.”
20-42Sept 22SCHOOLS.Four questions regarding elections under Section 10484, R. S. Mo. 1939.
20-42Sept 23CRIPPLED CHILDREN SERVICE. (1) Salaries of the employees under the Crippled Children Service shall be paid from the appropriations for such service and not from the appropriations for the Confederate Home; (2) Transportation may be furnished for crippled children and their nurses under the Crippled Children Service appropriation but not by the Confederate Soldiers’ appropriation.
20-42Nov 27SCHOOLS.School property may be disposed of if no longer required for school purposes.
21-42Feb 6TAXATION.
SALES TAX.
The sales tax should be collected on tangible personal property sold to the county court if the seller is engaged in the business of selling such property.
21-42Mar 2TAXATION.
MOTOR VEHICLE FUEL TAX.
COUNTIES.
Counties which purchase motor fuel or diesel fuel are required to pay the tax imposed by H.B. 516 Laws of Missouri 1941 page 448.
21-42Mar 19OFFICERS.County collector liable for loss in burglary or holdup.
21-42May 19COUNTY COURTS.
PUBLIC OFFICERS.
1. Can reduce rate of interest below 6% by order on protested warrants for accounts accruing after order. 2. Cannot agree to less than 6% on protested salary warrant.
21-42May 26Mr. George O. Dalton WITHDRAWN
21-42June 15LOTTERIES. Prizes and theater schemes in connection therewith.
21-42Oct 20TAXATION.
LEVY.
Additional levy authorized by voters of special road district is effective for one year.
21-42Nov 9TAXATION.Surplus from sale of lands in foreclosure of delinquent tax lien must be paid to person entitled thereto. In case of doubt or dispute, such surplus must be paid into county treasury for benefit of person entitled thereto.
22-42July 13CORONER’S INQUEST. Body of person killed on railroad right of way should be removed and some representative of railroad left with remains until coroner arrives.
23-42Jan 5STATE BARBER BOARD.Rules and regulations requiring barber lather brushes to be replaced with mechanical appliances in cities over 20,000 are reasonable if a necessity exists to safeguard public health.
24-42Feb 12BOARD OF PHARMACY. The Governor and Attorney-General, when reviewing decision of Board, must affirm or overrule in toto, cannot modify.
24-42Feb 19GOVERNOR.
DEFICIENCY APPROPRIATION.
Agreement of the Governor to sign a deficiency appropriation violates certain provisions of the Constitution and Statutes.
24-42Mar 9BOARD OF ELECTION COMMISSIONERS.When term of office expires.
24-42Mar 28GRAND JURY. Notes taken before grand jury cannot be furnished to Attorney General of the United States or anyone other than the prosecuting officer of the county.
24-42Apr 20DEFENSE AREAS.
CONSTITUTIONALITY OF ACT.
Act providing for formation of defense areas and setting up therein public service districts is constitutional.
24-42May 11ATTORNEY-GENERAL.The Attorney-General is to furnish legal assistance to the prosecuting attorney and circuit attorneys in preliminary examinations in criminal cases when so ordered and directed by the Governor.
24-42May 20MOTOR VEHICLES. Section 8483(c) R. S. Mo. 1939, authorizing the issuance of overweight permits, was not repealed by implication in the enactment of Section 8406, R. S. Mo. 1939.
24-42May 29MOTOR VEHICLES. The Motor Vehicle Commissioner and the State Highway Commission have authority to issue oversize and overweight permits, but said permits are special and may only be issued to each vehicle.
24-42June 2MOTOR VEHICLES. Size and kind of plates to be used for 1943 in view of the Orders of the War Production Board.
24-42June 8Hon. Forrest C. DonnellWITHDRAWN
24-42June 9MOTOR VEHICLES. Federal war regulations suspend State Weight Laws where conflicting.
24-42June 19STATE BUILDING COMMISSION. May appropriate money from funds on hand to investigate physical defects in buildings and to estimate cost of repairs, but cannot expend funds to determine personal responsibility for defects.
24-42July 9GOVERNOR. Writs directing election to fill vacancies in the House of Representative caused by resignation of a Representative from St. Louis City, Missouri, should be directed to the Board of Election Commissioners of the City of St. Louis, Missouri.
24-42July 10ELECTIONS.In re terms of senators elected to fill vacancies caused by resignation of State Senators.
24-42July 17NAVAL MILITIA.Interpretation of Section 15093, R. S. Mo. 1939. Method of electing commander, or captain commanding naval militia.
24-42Aug 7Hon. Forrest C. DonnellWITHDRAWN
24-42Aug 13OFFICERS. Common Law powers of statutory officers.
24-42Aug 14TAXATION.
GOVERNMENT INSTRUMENTALITIES.
Buildings, structures, furniture and equipment at Weldon Spring Ordnance Works are exempt from taxation.
24-42Aug 18INSURANCE.
ARROW ROCK TAVERN.
Construing an act of the General Assembly and appearing at page 107, Laws of Missouri, 1923, pertaining to Arrow Rock Tavern.
24-42Sept 11GOVERNOR.
APPROPRIATIONS.
LEGISLATURE.
Neither regular general assembly or specially called general assembly can pass deficiency appropriation.
24-42Sept 15FEDERAL SOLDIERS’ HOME AT ST. JAMES, MISSOURI. It is not necessary for a soldier or sailor to have actually served in a war to be entitled to admission to the Federal Soldiers’ Home at St. James, Missouri.
24-42Sept 21CANNONS. State of Missouri has title to German cannons on Capitol grounds captured in first World War.
24-42Oct 12TAXATION.
DATE TAX LIEN BECOMES EFFECTIVE.
Lien for taxes is created on assessment date. Such lien is not extinguished by passing title to tax exempt body.
24-42Oct 17ELECTIONS.
SPECIAL, FOR STATE REPRESENTATIVES AND SENATOR.
Governor can set election dates in election writs and cannot amend or supplement them. If sheriffs change dates set, an irregularity is created, but House of Representatives and Senate respectively may affirm results of elections.
24-42Oct 31APPROPRIATIONS.
STATE BUILDING COMMISSION.
Appropriations may be made to this Commission.
24-42Nov 10GOVERNOR.
OFFICERS.
RECESS APPOINTMENTS.
The governor must submit recess appointments for confirmation to the senate of the 61st General Assembly in special session.
24-42Nov 18PROBATE JUDGE. Governor should issue commission to person elected to fill unexpired term.
24-42Dec 14APPROPRIATIONS.
EXTRADITION OF FUGITIVES.
Governor’s appropriation to enforce the laws may be used to pay expense of extraditing criminals.
24-42Dec 15APPROPRIATIONS.
GRAIN AND WAREHOUSE DEPARTMENT.
EXECUTIVE DEPARTMENT.
Funds appropriated in 1941 to the Executive Department may not be used to pay operating expenses of Grain and Warehouse Department.
24-42Dec 19APPROPRIATION.
GOVERNOR.
JUDICIAL COMMISSION.
Governor cannot use funds appropriated in H. B. 571 Laws of Mo. 1941, page 125 D. Operation, for payment of Judicial Commission’s expenses.
24-42Dec 19COUNTY ASSESSOR. Induction into the army under Selective Service Act does not create a vacancy.
24-42Dec 23SCHOOLS.
APPROPRIATIONS.
Free public school fund cannot be appropriated to pay the cost of paying tax bills.
25-42Jan 14SCHOOLS. County court cannot invest school funds in United States securities.
25-42Feb 19AGRICULTURE.
DAIRY REGULATIONS.
Dairy regulations promulgated by Commissioner of Agriculture.
25-42June 25ELECTIONS.In re residence of persons employed in service – civil or military.
26-42Jan 16DEPARTMENT OF AGRICULTURE.
STATE VETERINARIAN APPROPRIATIONS.
The State Veterinarian may expend available funds out of the appropriation to his department for the purpose of enforcing the provisions of the law relating to the disposal of diseased animals and carcasses of same.
26-42Apr 18NOTICE OF ADMINISTRATOR OF FINAL SETTLEMENT IN PROBATE COURT.In a county of under 600,000 population a notice of final settlement published in a weekly newspaper for four consecutive weeks prior to time of making final settlement is sufficient.
26-42June 17ELECTIONS.
ABSENTEE BALLOTS, APPLICATION FOR.
Officers authorized to administer affidavit for absentee ballot.
26-42June 24PENAL INSTITUTIONS.
PAROLES.
Period provided by 3/4ths law runs only while convict in prison. Where power reserved parole may be revoked for any reason deemed sufficient by Governor. Where convict deprived of 3/4ths benefits, and paroled, his parole may be revoked, and convict required to serve full terms.
26-42July 8PARDONS AND PAROLES.Parole violated during its term, may be revoked after end of such term, regardless when sentence would have expired.
27-42June 2BINDWEED. Section 14264 Laws of Missouri 1941 survey is so indefinite that it is unenforceable.
27-42June 2CRIMINAL COSTS. On plea of guilty to a felony and parole after sentence State is liable for costs.
28-42Jan 21OFFICERS.Trustee of county hospital subject to ouster, criminal prosecution, and civil suit for illegal purchase of supplies.
28-42Feb 9COUNTIES.May purchase road machinery out of any surplus in Class 5.
28-42Apr 29PURCHASING AGENT. Purchasing Agent is not permitted under the statutes to take out insurance policies on any of the State institutions.
28-42Apr 29STATE PURCHASING AGENT. Station wagon is a passenger car and cost cannot exceed $900.00.
28-42June 18COMMISSIONER OF PUBLIC PRINTING. Not required to furnish blank paper to any departments.
28-42Aug 17STATE PURCHASING AGENT.Permitted to purchase coal other than that mined in Missouri for use by State Social Security Commission.
28-42Aug 31PURCHASING AGENT.Purchasing agent may enter into contract, the terms of which are carried into the next biennium.
28-42Oct 1COUNTY COURTS.Whenever two judges of a County Court concur in the payment of a claim against the County, it is the duty of the Presiding Judge of said Court to sign the warrant for the payment of said claim.
29-42Jan 24CRIMINAL LAW. Postdated check on bank in which there is no account; cannot be prosecuted under Section 4694, R. S. 1939, without other misrepresentations.
29-42Feb 24MISSOURI REAL ESTATE COMMISSION. Trustee buying property to protect taxes is not required to have license from Commission.
31-42Jan 2Hon. J. Arthur Francis WITHDRAWN
31-42Apr 3SCHOOLS. Vacancy occurring in a town or city school board should be filled at the next annual school election, regardless of when the vacancy occurs.
31-42July 11COUNTY OFFICERS.
DEPUTY ASSESSOR.
ROAD OVERSEER.
Deputy assessor may also hold the position of road overseer.
31-42Aug 17OFFICERS.
COUNTY CLERKS.
Deputy County Clerk may attest county warrants.
31-42Nov 17COUNTY TREASURER.
OFFICERS.
BONDS.
County court can refuse to accept a surety bond from a county treasurer.
31-42Dec 29CIRCUIT CLERK.
RECORDERS OF DEEDS.
Deputies for circuit clerks, who are ex officio recorders of deeds should be approved by judge or judges of the circuit court.
32-42Apr 9Hon. J. R. GarrisonWITHDRAWN
32-42Apr 23SCHOOLS. School board cannot use surplus to purchase defense bonds.
32-42Dec 30MUNICIPAL CORPORATIONS.
MARSHAL.
VACANCY.
Marshal of City of the third class does not forfeit office by being drafted into the Army.
32-42Dec 31TAXATION.
MERCHANTS TAX.
Co-operative stores are subject to taxation as merchants.
33-42Jan 3MOTOR VEHICLES. Rules governing right of way, election of stop signs and failure to observe same and speed permitted on highways of the State.
33-42Mar 17OFFICERS.
VACANCY.
Conviction in Federal Court does not create vacancy. Service can be had on officer at usual place of abode.
33-42June 20ANIMALS.
CRIMES.
An attempt to administer a lethal dose of poison to a dog is a misdemeanor.
33-42July 10BOARD OF EQUALIZATION. Deputy Surveyor in Jackson County is not entitled to sit as a member of the Board of Equalization in absence of surveyor and is not entitled to per diem compensation.
33-42Dec 30PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Association hauling for hire furniture of its members subject to Public Service Act.
34-42Jan 29TOWNSHIP WARRANTS. Township warrants cannot be used to pay township taxes, even if for the same year.
34-42June 2CRIMINAL PROCEDURE. Approved form of information on Section 4694 R. S. Missouri, 1939, in reference to “no funds” check.
34-42July 9HIGHWAYS.(1) State or County does not hold fee simple title to lands conveyed for highway purposes. (2) Abandoned highways revert to abutting landowners.
34-42Sept 10RECORDERS OF DEEDS.It is discretionary with recorder whether deputy shall perform his duties in office of recorder to the exclusion of some other designated place in county.
34-42Oct 21CORONERS.
INQUESTS.
Powers and duties of coroners and other officers in relation to inquests.
34-42Dec 30NEWSPAPERS.
PUBLICATIONS.
Weekly publications of legals should be published on the same day of each week during the period of publication.
35-42Jan 5 Dead animal disposal.
35-42Jan 16ROADS AND BRIDGES.
TOWNSHIP ORGANIZATION.
TAXATION.
SPECIAL ROAD DISTRICTS.           
Properties in special road districts in counties under township organization are liable for taxes assessed and levied to pay such bonds, provided such special road districts did not have bond obligations at the time the Township bond obligation is incurred.
35-42Jan 22CORPORATIONS.
FOREIGN INSURANCE.
Upon statutory conformance, a foreign insurance company becomes an inhabitant of the state of Missouri and may invoke the use of Sec. 8488 R. S. Mo., ’39.
35-42Feb 5COUNTY SURVEYOR.Should budget his compensation and expenses as ex-officio county highway engineer under Class 4 – to be paid out of the general revenue.
35-42May 1MOTOR VEHICLES.
OPERATORS.
LICENSING.
(1) Nonresident operator must secure registered operator’s license when operating car belonging to some other person in the course of or incidental to his employment, but does not have to secure driver’s license. (2) Nonresident who merely operates motor vehicle and who possesses driver’s license in home state does not have to secure driver’s license to operate in Missouri.
35-42Aug 12SOLDIERS’ BONUS ACT. Interpretation of Sec. 9012c, of Chapter 51, Article 9, Missouri Statutes Annotated, page 6313.
35-42Sept 18TAXATION AND REVENUE.Collector must advertise and sell realty for all unpaid delinquent taxes due thereon for all years prior and subsequent to the years for which a certificate of sale was issued and which are not barred by the statute of limitations.
35-42Nov 6ESCHEAT FUND.Appropriation bill not necessary to allow moneys in hands of State Treasurer, to the credit of “escheat fund”, to be withdrawn for the purpose of investment.
35-42Dec 8NEPOTISM.Great nephew is within fourth degree.
37-42Feb 10TAXATION.
COLLECTING MERCHANTS AND MANUFACTURING TAX.
Collector must bring suit on merchants and manufacturing bond before he can obtain credit for tax.
37-42Feb 13COUNTY COURTS.County court does not have authority to expend money out of Class 6 for road and bridges in a special road district.
37-42Feb 20PROBATE JUDGE.
FEES.
May charge 10¢ for each one hundred words or figures in furnishing copies of order granting letters or refusing to grant letters, and 50¢ for certificate and seal.
37-42Mar 18BANKS AND BANKING.
LOANS.
Interpretation of term “actual market value” in Subsection (c), Paragraph 4, Section 7952, R. S. Mo. 1939, as amended by Laws of Missouri, 1941, page 679.
37-42Mar 24BANKS & BANKING.
LOANS.
TRUST COMPANIES.
Whiskey is a manufactured or processed derivative of agricultural products within meaning of paragraph (4), subsection (c), Section 8032, Laws of Mo. 1941.
37-42Apr 17SMALL LOAN LAW.
BANKS AND BANKING.
Small Loan Companies domiciled in another state may not have appraisers or agents in this state to solicit small loans in this state without a license.
37-42May 9BANKS AND BANKING.
MUNICIPAL CORPORATIONS.
BONDS.
Savings banks may not invest in municipal bonds when the bonded debt of the city exceeds 5%, under Sec. 8102, 1939.
37-42May 21COUNTY COURTS.Mortgage for county sinking funds must convey title in fee simple.
37-42May 27BANKS AND BANKING. Banks must retain original deposit tickets and ledger sheets, and photographs of same are not sufficient under Sec. 7987, R. S. Mo. 1939.
37-42July 6PENAL INSTITUTIONS.Costs of discharge and transportation of parolees to place of conviction.
37-42Sept 30Hon. Leo J. HarnedWITHDRAWN
37-42Oct 16ROADS AND BRIDGES.Road overseers in counties under township organization operate under the provisions of Sections 8819 and 8820 Revised Statutes of Missouri, 1939, and not under the provisions of Section 8525 thereof.
37-42Oct 26SCHOOLS.Approval of substitute bus driver is within provisions of anti-nepotism law; clerk of common school district cannot be removed without cause and without a hearing.
37-42Nov 19ELECTIONS.Votes shown by tally sheets should be counted rather than those shown by certificates of judges and clerks, where there is a discrepancy, but when canvassers have once tabulated the votes and said tabulation has been certified in to proper authorities, canvassers cannot retabulate the votes, nor can the county clerk certify either an amended or new abstract of votes.
37-42Nov 30SCHOOL FUND MORTGAGE.Personal taxes of mortgagor cannot be deducted from surplus proceeds of foreclosure sale.
38-42Jan 15CONSERVATION COMMISSION.
STATUTORY CONSTRUCTION.
Construction of regulation #37 – (k) pertaining to resident State Wholesale Dealer’s Permit.
38-42Feb 20CANCER COMMISSION.Has no authority to convey right-of-way for street.
38-42Mar 2COUNTY AND SPECIAL ROAD DISTRICTS.Who shall pay special road districts’ part of publishing county financial statement.
38-42Mar 3CANCER HOSPITAL.
STATE CANCER COMMISSION.
Cancer Commission is not liable for damages in tort nor can it pay for damages occasioned by the negligence of one of its employees.
38-42Apr 4BURIAL ASSOCIATION.Mayes Burial Association Plan is a plan for insurance business and not a non-profit benevolent society.
38-42Apr 21PUBLIC SERVICE COMMISSION.
MOTOR VEHICLES.
Under Section 5728, R. S. Missouri 1939, the annual license issued by the Commission must be attached to said motor vehicle.
38-42Apr 30STATE CANCER HOSPITAL.Inmate in other State Institution becoming infected with cancer, must be returned to county of his legal residence in order that county court may comply with Section 15149 R. S. Missouri, 1939.
38-42Oct 13SCHOOLS.
SCHOOL LOANS.
Duties of county courts in arriving at valuation of lands upon which a school loan is made.
38-42Oct 16OPTOMETRIST.
FEES.
Members in armed forces of the United States government are not required to pay renewal fees.
38-42Nov 24COUNTY COURT AND COUNTY DEPOSITARIES.County funds can only be placed in a legally designated and qualified county depositary.
39-42June 12INTOXICATING LIQUORS.Army Post Exchanges and C.C.C. camps’ canteens not liable for “gallonage” on intoxicating liquors and non-intoxicating beer, as it is collectible from manufacturer or first vendor.
39-42June 25TAXATION.Merchant’s and manufacturer’s tax against frozen goods.
39-42Dec 23INTOXICATING LIQUOR.Licensee may employ agent to conduct his business.
40-42Feb 4Hon. Wilson D. HillWITHDRAWN
40-42Feb 17ELECTIONS.
BOARD OF ELECTION COMMISSIONERS.
Certificates of nomination filed with Board of Election Commissioners.
40-42Feb 27LOTTERIES.The sales plan for defense stamps and bonds is a lottery.
40-42Apr 16TAXATION.
COUNTY CLERK.
Duties of county clerk in relation to equalization of assessment by county Board of Equalization, State Board of Equalization and State Tax Commission.
40-42Oct 7ROADS AND BRIDGES. (1) Commissioner cannot appoint his brother to work as laborer on the roads; (2) it is against public policy to sell supplies to his (Commissioner’s) road district; and (3) city attorney of city in special road district may charge for legal services rendered special road district.
41-42Jan 16COUNTY TREASURER.
VACANCY.
Person filling vacancy in office of County Treasurer is not entitled to receive increase in compensation during the term of office.
41-42Jan 20Hon. Walter C. HotalingWITHDRAWN
41-42Feb 3MISSOURI REAL ESTATE COMMISSION.Several questions on the granting of a license.
41-42Feb 17TAXATION.
TRUSTEES SALE DISTRIBUTION OF PROCEEDS OF SALE.
Trustee appointed under the provision of Sec. 11131 R. S. Mo., 1939, may sell such lands with approval of county court. Purchase price, after payment of costs therefrom is apportioned by the county court as per the collector’s deed and turned over to collector for distribution.
41-42Feb 25MISSOURI REAL ESTATE COMMISSION.Four questions on application, suspension and revocation.
41-42Feb 26COUNTY ROADS AND BRIDGES MACHINERY.County Court is not authorized to purchase road machinery to be leased to townships or special road districts, or other municipal subdivisions.
41-42Mar 6MISSOURI REAL ESTATE COMMISSION.Two corporations must obtain two licenses, but salesmen should only obtain one license.
41-42Mar 6MISSOURI REAL ESTATE COMMISSION.Owners dealing in their own real estate not required to have license.
41-42Mar 19MISSOURI REAL ESTATE COMMISSION.Alien may obtain license.
41-42Apr 15MISSOURI REAL ESTATE COMMISSION.Question of division of commissions.
41-42Apr 15MISSOURI REAL ESTATE COMMISSION ACT.1. Salesman’s license cost cannot be transferred to broker’s license. 2. Commission is bound by decision of court.
41-42Apr 16MISSOURI REAL ESTATE COMMISSION.Seven questions.
41-42Apr 23TAXATION AND REVENUE.
SOLDIERS AND SAILORS DELINQUENT TAXES.
Penalty and interest on delinquent taxes of persons in Military Services.
41-42May 15MISSOURI REAL ESTATE COMMISSION.Agent who violates the Act may have his license revoked.
41-42June 1MISSOURI REAL ESTATE COMMISSION.Missouri Real Estate Commission Act is not – and cannot be – retrospective to contracts entered into before January 1, 1942, as to real estate commissions.
41-42June 1PRIMARY ELECTIONS.County clerk may accept the filing declarations of candidates to fill unexpired portion of term of county assessor volunteering for army services.
41-42June 12MISSOURI REAL ESTATE COMMISSION ACT.Broker violates the Act by concealing the fact that property is restricted and need not make the misrepresentation.
41-42July 15ELECTIONS.County court cannot appoint more than six judges in a precinct under any circumstances.
41-42Sept 9Mr. J. W. HobbsWITHDRAWN
41-42Oct 21REAL ESTATE COMMISSION.Approved information and violation of the Act.
41-42Oct 29REAL ESTATE COMMISSION.Corporation loaning own funds is not required to obtain real estate license.
41-42Nov 27REAL ESTATE COMMISSION.Broker or agent may represent seller or buyer in the sale of restricted property, where the buyer is informed that the property is subject to certain restrictions.
42-42Mar 3ROADS AND BRIDGES.
TOWNSHIP ORGANIZATION.
Road district under township organization cannot repair roads in cities.
43-42Feb 4TAXATION.
SCHOOL LANDS.
The holder of a certificate of purchase of school lands is liable for taxes during the time of the ownership of such certificate.
43-42Apr 2PETIT JURORS.
COST.
When order to appear for adjourned term of court entitled to mileage from home to court and return.
43-42May 2CRIMINAL LAW.A plea of guilty is not a final conviction which requires the revocation of a driver’s license for driving while intoxicated.
44-42Apr 3PUBLIC BUILDINGS.May be used for meetings of general public interest when such use does not interfere with regular activities.
45-42Jan 14TAXATION.Tax deeds to trustee must be executed only on tract or tracts of land described in each publication.
45-42Oct 27SCHOOLS.Where districts combine temporarily for educational purposes, the teachers’ funds of such districts can be used to pay the salary of the teacher or teachers of such combination of districts.
46-42Jan 2ELEEMOSYNARY INSTITUTIONS.Buildings to house inmates must comply with statutory requirements as to fire escapes.
46-42Jan 16COUNTY BUDGET ACT.Warrants for pauper patients confined in state insane asylums by the court are to be paid from class one. Warrants for children confined in the State Home at Marshall and Carrollton are to be paid out of funds in class five.
46-42Feb 4ELEEMOSYNARY INSTITUTIONS.
INSANE PERSONS.
Pay patient committed by probate court must post bond.
46-42Feb 13BLIND PENSIONS.Blind pension shall terminate on the date Commission makes finding that such person is not qualified.
46-42Feb 13ELEEMOSYNARY INSTITUTIONS.
INSANE.
Superintendent of State hospital should not admit person when order of commitment does not find that the patient is insane.
46-42Feb 24ELEEMOSYNARY INSTITUTIONS.Lease for five years is void.
46-42Mar 11BLIND COMMISSION.May require applicant to submit to operation or treatment.
46-42Mar 30ELEEMOSYNARY INSTITUTIONS.
PATIENTS.
ACCOUNTS.
Board of Managers may “write off” uncollectible accounts, but so doing does not relieve responsible persons from payment.
46-42Apr 8ELEEMOSYNARY INSTITUTIONS.Providing room and board for employee is within the discretion of superintendent. Employee if not allowed board should be charged for same.
46-42Apr 16Mr. Ira A. JonesWITHDRAWN
46-42Apr 24BLIND PENSION LAW.Defining the word “Maintain.”
46-42Apr 27ELEEMOSYNARY INSTITUTIONS.Superintendent cannot return patients to county because of inadequacy of appropriation.
46-42Apr 28COUNTY BUDGET LAW.County court in counties not under township organization can purchase road machinery and pay for construction and maintenance of roads out of Class 6 under certain conditions.
46-42May 26BLIND PENSIONS.Eligibility for pension determined as of date of hearing.
46-42June 9BLIND PENSIONS.Money received by applicant in settlement of fire insurance, life insurance or Workmen’s Compensation claims should be considered as property instead of income.
46-42June 9BLIND PENSIONS.Combined income of blind applicant and sighted spouse in excess of $600.00 does not destroy eligibility of applicant where neither has income in excess of $600.00 per annum.
46-42June 24ADMINISTRATION.Creditor of deceased person may make application for refusal of letters of administration when the amount of deceased’s estate does not exceed $100.00.
46-42July 8BLIND PENSIONERS.Applicant not living with spouse who has income in excess of six hundred ($600.00) dollars is entitled to pension.
46-42July 31TRUST AND TRUSTEES.
STATE SCHOOL NO. 2 AT CARROLLTON, MO.
The income from the Elias and Amelia C. Perry Memorial fund should be paid to the Board of Managers of the State Eleemosynary Institution.
46-42Aug 21BLIND PENSIONS.Income should be computed for twelve successive calendar months, not for calendar year.
46-42Aug 25ELEEMOSYNARY INSTITUTIONS.Missouri not responsible for care of patients paroled from institutions in other states to persons in this state.
46-42Sept 17OFFICERS.
JUSTICE OF THE PEACE.
Acts performed before taking oath of office are acts of a de facto officer and valid as to third parties.
46-42Sept 23Hon. Ira A. JonesWITHDRAWN
46-42Oct 20TAX EXEMPTION.Personal property of charitable organizations is not exempt from taxation.
46-42Nov 12COUNTY COURT.
OFFICERS.
County Court may appoint county treasurer or county collector to prepare financial statement.
47-42Feb 4TAXATION.
BUILDINGS ON LEASED REAL ESTATE.
Buildings and improvements on leased lands should be taxed as real estate.
47-42Dec 10TAXATION.
MERCHANTS.
Only goods, wares and merchandise of stock in trade should be included in the merchant’s tax assessment return.
48-42Jan 19CRIMINAL PROCEDURE.Preliminary for grand jury indictment must be had under Section 3774, R. S. Missouri 1939.
48-42Jan 23WEAPONS - CONCEALED - EXPOSED.Unlawful for guards of U. S. property to carry concealed firearms in Missouri; may carry firearms in plain view peaceably and soberly, without license. License required for purchase.
48-42May 16MUNICIPAL CORPORATIONS AND TAXATION.City cannot increase limitation of tax levy for band purposes by vote of majority of two-thirds voting on the proposition.
48-42June 5CRIMINAL LAW.Civil usury over eight per cent per annum; Criminal usury over two per cent per month.
48-42Sept 1SALES TAXES.Operator of community sales must disclose his principal and, in his sale statement, show that the commodities so sold are exempt from sales taxes.
49-42Jan 20SCHOOLS.A six-day school week for the purpose of accelerating the termination of a school term, is within the discretion of the school board.
49-42Jan 21SCHOOLS.State Board of Education retains custody of United States Savings Bonds purchased out of State School Funds.
49-42Mar 6SCHOOLS.
STATE BOARD OF EDUCATION.
BOND.
Bond given by the State Superintendent of Schools does not cover custodian of securities held by the President of the State Board of Education.
49-42Mar 13SCHOOLS.School district transporting non-resident high school pupils may be paid the cost in excess of three dollars by the “sending” school district.
49-42Mar 24SCHOOLS.State Superintendent has power to prescribe form for reports called for by Section 10501, R.S. Mo. 1939, as amended, Laws of 1941, p. 536; form submitted with request held to be sufficient.
49-42May 19HEALTH, BOARD OF.Clerk of City Board of Health is to remain as the local State Registrar in the City of St. Joseph, Missouri, a city of the first class unless removed by failure or neglect of duty.
49-42June 24TWO QUESTIONS IN REGARD TO VOCATIONAL EDUCATION.State Board of Education is not authorized to receive funds from R. E. A. cooperatives for such training program.
49-42July 22SCHOOLS.Under Section 10501, R. S. Mo. 1939, as amended Laws of Mo. 1941, “copy” of treasurer’s statement does not mean “certified copy” or “proof of publication.”
49-42Dec 30VOCATIONAL EDUCATION.
SUPERINTENDENT OF SCHOOLS, COMPENSATION.
Board of Education may employ State Superintendent of Schools as State director and compensate him for such services if same are not a part of his duties as Superintendent and executive officer of Board of Education. Payment for extra services or additional duties does not violate constitutional provision against increasing salary of officer during term.
51-42Apr 11SCHOOLS.
TAXATION.
TOWNSHIP TRUSTEES.
School moneys in counties under township organization should be turned over to township trustees.
51-42May 18SCHOOLS.
TAXATION.
TOWNSHIP TRUSTEES.
School moneys in counties under township organization should be turned over to township trustees except cities, towns and consolidated school district’s moneys.
51-42June 13SCHOOLS.Special election can be held under Section 10358 to increase tax levy after the annual election has been held.
51-42July 15NEPOTISM.A school director may vote to employ his son-in-law’s niece, being of no kin either by affinity or consanguinity.
51-42Aug 27STATE BOARD OF NURSE EXAMINERS.Permits to practice nursing as provided by Section 10033, R. S. Mo., 1939, cannot be issued to any applicant under the age of 21 years.
52-42Aug 11TAXATION.
ASSESSMENT OF PROPERTY.
A person owning or holding property in Missouri on the first day of June, is liable for taxes thereon, regardless of the fact that he has been assessed in another state for taxes on such property.
56-42Mar 31SCHOOLS.Registration day should be included as a school day in report of district clerk.
56-42Nov 5INSANE PERSONS.
ELEEMOSYNARY INSTITUTIONS.
Counties are liable for support of indigent insane soldiers who are residents of such counties, even though such insanity developed after induction into the United States Army.
57-42Jan 2CRIMINAL LAW.
PRELIMINARY EXAMINATION.
A minor over the age of 17 years has the right to personally waive preliminary examination where he is charged with a felony.
57-42Feb 4PARDONS AND PAROLES.Judges of circuit and criminal courts may place on probation defendant under certain circumstances.
57-42Feb 20MINERALS.
STATE PARKS.
DEED.
Interpretation of a mineral reservation in a deed conveying land to the State of Missouri. Type of mining permissible.
57-42Mar 3CONSERVATION COMMISSION.
FEES.
Construing Section 8943 and Regulation #17. Fees for Conservation Agent making arrest.
57-42Mar 17SCHOOL FUND MORTGAGES.Who shall execute deed upon foreclosure, and kind of deed to be executed.
57-42Apr 14OFFICERS.
REMOVAL.
TRUSTEES.
Trustee under Jones-Munger Act may be removed at the pleasure of County Court.
57-42May 14CRIMINAL PROCEDURE.Defendant in preliminary examination is entitled to have process for witnesses outside county where examination is held.
57-42May 14CRIMINAL LAW.
COSTS.
State or county not liable for costs until sentence has been pronounced.
57-42May 28CRIMINAL LAW.Ward under guardianship by reason of unsound mind can be prosecuted criminally.
57-42June 22PENAL INSTITUTIONS.Permission for autopsy in State Penitentiary must be received from Secretary of the Missouri State Anatomical Board.
57-42Oct 12CRIMINAL LAW.Prosecuting Attorney may introduce evidence, even when defendant waives preliminary.
57-42Oct 15COUNTY COURTS.
PAUPERS.
May apply reasonable annual rental of road machinery on purchase price of said machinery. Inmates of county alms houses who are able to support self should not remain there under certain conditions. County court may grant relief to persons without regard to residence.
57-42Nov 25CRIMINAL PROCEDURE.
DEPOSITIONS.
Depositions can only be taken after a criminal proceeding has been filed.
58-42Mar 25EXECUTORS OF WILLS.
TRUSTEES OF ESTATES.
CIRCUIT COURT JUDGES.
Judge of Circuit Court may act as executor of will and trustee of estate.
59-42Jan 23NEPOTISM.One is guilty of violation of nepotism section even when appointee receives no compensation.
60-42Mar 16COUNTY BUDGET LAW.County Court cannot purchase supplies for Probate office unless there is a surplus in class five or six.
60-42July 20ELECTIONS.Candidate’s receipt alone is not sufficient for placing name on the ballot.
60-42Dec 18CONSERVATION COMMISSION.
FISH AND GAME.
Right of Conservation Agents to inspect persons and motor vehicles on the highways.
60-42Dec 21OFFICERS.County judge cannot be employed as deputy county assessor.
61-42Feb 16MOTOR VEHICLE FUEL TAX.
GASOLINE TAX.
Use tax under H. B. 516, Laws 1941, p. 418, applies to interstate commerce.
61-42Mar 17MOTOR VEHICLE FUEL.
GASOLINE TAX.
Authority granted the Oil Inspector to waive penalties on the use tax imposed on diesel, butane and propane does not authorize him to waive a penalty on the excise tax imposed upon the sale of gasoline.
61-42Mar 17MOTOR VEHICLE FUEL.
GASOLINE TAX.
Persons selling gasoline to cost plus a fixed fee contractor constructing National Defense Projects is exempt from using said gasoline to measure his tax. Person who is a cost plus a fixed fee contractor constructing National Defense Projects is exempt from tax imposed upon diesel, butane and propane.
61-42Mar 24MOTOR VEHICLE FUELS.
GASOLINE TAXES.
Payment to be made on or before the 25th day of the month, mailing payment on last day is not sufficient.
61-42Mar 24 MOTOR VEHICLE FUELS.Money appropriated to pay refund claim on motor vehicle fuels may be used to pay refunds of taxes paid on diesel, propane and butane.
61-42May 1MOTOR VEHICLES.
GASOLINE TAX.
Inspector not liable on bond unless loss results and is neglect and proximate cause; Inspector’s function of revoking license is discretionary.
61-42May 28OIL INSPECTION.
DIESEL FUEL.
Railroads and municipalities who use such must have same inspected and pay fees thereon.
61-42Dec 29MOTOR VEHICLE FUEL TAX.Three questions relative to time within which payment of tax can be made; whether delivery to P.O. box is sufficient.
62-42Jan 10TAXATION.Section 11329, R. S. Mo. 1939, applies only to merchants commencing business after the first Monday in June and not to a person who is in business between the first Monday in March and the first Monday in June next preceding.
62-42Feb 7BURIAL ASSOCIATION.Former officers of defunct burial association cannot exceed the powers conferred by judgment of ouster.
62-42Mar 2REPRESENTATIVE QUALIFYING FOR OFFICE.Deputy sheriff must resign his office upon qualifying as State Representative.
62-42Mar 17STATE FAIR GROUNDS.
COMMISSIONER OF AGRICULTURE.
The State will not lose its title to State Fair Grounds by reason of Federal Government condemning the use thereof for military camp.
62-42May 6TAXATION.
REVENUE.
TANGIBLE PERSONAL PROPERTY.
SITUS.
In regard to taxation of tangible personal property including deposits, money, notes, etc.
62-42May 20COUNTY ASSESSORS.Expenses incurred by the various county assessors while attending “group meetings” called by State Tax Commission under Sec. 11027, Laws 1941, shall be paid by the counties from which counties the assessors have attended such meetings.
62-42May 25TAXATION.In assessing franchises of public utilities under Section 11240 R. S. Missouri, 1939, the value of such is to be listed under heading of “all other property.”
62-42July 24Mr. Noble MitchellWITHDRAWN
62-42Aug 8Mr. Jesse A. MitchellWITHDRAWN
62-42Sept 9Hon. H. MitchellWITHDRAWN
62-42Oct 27TAXATION.Jurisdiction of Tax Commission to entertain complaint on assessments is not dependent on County Board of Equalization having been appealed to.
63-42Sept 16OFFICERS.
PROSECUTING ATTORNEY.
SURVEYOR.
Prosecuting Attorney’s and Surveyor’s office incompatible and cannot both be held by same person at the same time.
63-42Dec 11TAXATION.
COLLECTOR.
COUNTY COURT.
County Courts are without jurisdiction to change or abate a personal tax after the same has been assessed, levied and extended.
63-42Dec 19SHERIFFS.Responsible for enforcing law in county.
64-42Jan 16TAXATION.
GOVERNMENT OWNED LANDS.
LEVY AND ASSESSMENT.
Lands which come into possession of the United States Government after assessment but before levy of taxes are not subject to taxes for the year for which such assessment is made.
64-42Jan 19TAXATION.
BRIDGES.
Illinois taxing authorities may tax that portion of Mississippi River Bridge which lies east of main channel of said river.
64-42Mar 27Hon. Mark MorrisWITHDRAWN
64-42Apr 1COUNTY BUDGET LAW.The county court shall, in its discretion, pay for the supplies of the public administrator when they are listed by the public administrator in the estimated supply budget as provided by law.
64-42Apr 3Mr. H. N. MorganWITHDRAWN
64-42June 25POWER OF GRAIN WAREHOUSE COMMISSIONER TO EMPLOY INSTRUCTOR.Grain Warehouse Commissioner may employ an outside State instructor for purpose of training men to measure grain in warehouses.
64-42July 24ROADS AND BRIDGES.
PUBLIC ROADS.
Petition is not adequate to confer jurisdiction on County Court for establishment of County Road.
64-42Oct 28PENITENTIARY.Minimum sentence two years in the penitentiary.
64-42Dec 4PROSECUTING ATTORNEY.It is not mandatory for county court to pay stated salary of a stenographer for the prosecuting attorney, but should reimburse prosecuting attorney for reasonable sums paid for such services incurred in the discharge of his duties.
64-42Dec 21PUBLIC PRINTING.
BALLOTS.
Charge for printing ballots is limited by law.
65-42Jan 2BRIDGE BONDS.
COUNTIES PAYING FOR.
County courts may not appropriate surplus taxes to pay bonds issued for payment of toll bridges or operation of such bridges.
65-42Feb 16CITIES OF THE THIRD CLASS.
VACANCIES IN COUNCIL.
Mode of filling vacancy in council of city of third class.
65-42July 11TOLL BRIDGES.All expenses of toll bridges are to be paid from money received from the tolls on such bridges.
65-42July 13CRIMINAL COSTS.
PAROLES.
Parole is not a part of the case in reference to payment of criminal costs.
65-42Nov 30COUNTY TREASURER.If treasurer appoints wife deputy or clerk he forfeits his office.
66-42Nov 19SCHOOLS.District of child’s residence is liable for tuition, under Sec. 10458, R. S. Mo. 1939, but “residence” is a question of fact.
67-42Nov 10JUSTICES OF THE PEACE.Beginning and ending of term.
67-42Dec 11SCHOOLS.Pupils residing on land owned by United States entitled to all school privileges.
67-42Dec 14COUNTY CLERK.
COUNTY COURT.
COUNTY BUDGET ACT.
County Clerk of Jackson County is the accounting officer to certify as such on claims against the county.
68-42Feb 11ASSESSORS.
TAXATION.
FEES.
Assessor should list all property, real or personal on the list of each taxpayer.
68-42May 11LOTTERIES.Distribution of chances by filling stations a lottery.
68-42May 20CHIROPODY.Shoes dealers are exempt from the provisions of Article 4 of Chapter 57, R. S. Mo. 1939.
68-42Nov 17ELECTIONS.
CORRUPT PRACTICE ACT.
Application of Corrupt Practice Act to candidate on Non-partisan Judicial Ballot.
68-42Nov 18SCHOOLS.When tuition and transportation fees of pupils of a closed district may be paid out of teachers’ fund.
69-42Feb 23COUNTY SUPERINTENDENT OF SCHOOLS.How paid for performing duties as Supervisor of Transportation.
69-42June 13PARK BOARD.Construction of Section 84 of House Bill 581 in regard to appropriations for State park purposes.
69-42June 15Mr. Eldon W. PalmerWITHDRAWN
69-42Aug 1CONSERVATION COMMISSION.
EMERGENCY REGULATION #1.
Emergency Regulation No. 1 is invalid.
70-42Nov 25TAXATION.
ASSESSMENT.
Notice of assessment by Assessor.
70-42Dec 21PROBATE COURTS.
JURISDICTION.
Probate Judge may not hold preliminaries and try misdemeanor cases.
72-42Apr 23DEPOSITORIES.
BANKS & BANKING.
National Banks may pledge their assets to secure the public funds of a city of the fourth class.
73-42Feb 16ROADS AND BRIDGES.Commissioner of Special Road District – while employed by District – cannot recover for loss of time and medical care.
73-42Aug 21ELECTIONS.
JUSTICES OF THE PEACE.
Error of county clerk does not prevent placing name of candidate on the ballot when he was the only candidate for that office.
73-42Dec 8CRIMINAL PROCEDURE.Prosecuting Attorney certifying cost bill that defendant is insolvent is not liable in any manner unless willfully and corruptly done.
74-42July 16MISSOURI REAL ESTATE COMMISSION.Restriction agreement filed after deed of trust does not apply to purchaser at trustee’s sale.
74-42Sept 10PENAL INSTITUTIONS.Time in jail on stay of execution is not serving penitentiary sentence.
74-42Sept 17PENITENTIARY REVOLVING FUND.Revolving fund may be used to purchase livestock for the farm industries of the Department of Penal Institutions.
74-42Sept 21SCHOOLS.Directors cannot allow school building to be used as a residence.
74-42Dec 17ROADS AND BRIDGES.
COUNTY HIGHWAY ENGINEER.
Highway engineer has no authority to appoint maintenance men for the county roads.
75-42July 9PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL FOR BOYS.
Sentences to said School are concurrent, unless ordered by court to be consecutive, and absent applicable statutory provisions to contrary. Board of Probation etc. has power to issue and revoke paroles from said School.
75-42July 10PENAL INSTITUTIONS.
MISSOURI TRAINING SCHOOL.
Sentence to said School runs consecutively to sentence to county jail. Inmates of school may be produced for trial, in response to writ of habeas corpus ad prosequendum.
75-42Aug 27PENAL INSTITUTIONS.Cannot detail inmates to pick apples outside of penal institutions.
75-42Sept 21Mr. W. B. RisslerWITHDRAWN
76-42Mar 30COUNTY FUNDS.Disposition of balances in County funds.
76-42May 25SHERIFFS.
CRIMINAL COSTS.
Sheriff cannot receive mileage or transportation costs of a paroled convict in transporting him to Army Induction Station.
76-42Dec 11TAXATION.
PART PAYMENT OF TAXES.
Any person owning an interest in lands may pay taxes on his proportionate interest.
77-42Nov 27FEED.Missouri State Feed Law does not apply to feed for game birds or fur bearing animals.
79-42Feb 3INSURANCE.Sec. 49, page 204, Laws of Missouri, 1941, does not cover costs and expenses of distributing impounded funds to policyholders.
79-42Mar 30INSURANCE.Medical payment plan included in liability policy does not make policy subject to approval of Superintendent and Attorney General.
79-42Oct 23INSURANCE.Plan for mutualization of St. Louis Mutual Life Insurance Company approved.
80-42Sept 1BOARD OF HEALTH.Two questions involving names of naturalized citizens.
80-42Oct 23SCHOOLS.Lincoln University’s School of Journalism may edit newspapers.
81-42Feb 25ADMINISTRATION.
PUBLIC ADMINISTRATORS.
Public Administrators must turn over all money, property and papers belonging to all estates in which final settlement cannot be made during first regular term of probate court after the expiration of one year after successor takes office.
81-42July 6TAXATION AND REVENUE.1. Certificate holder failing to exercise his rights, under such certificate, within four years from the date of its issuance, loses all his rights thereunder, and the taxes, from which sale was made, must be eliminated from the tax indebtedness against the land. 2. Collector cannot change description of land which has been assessed and equalized for taxation.
81-42Sept 17CRIMINAL LAW.Bond of person in military service is subject to forfeiture.
82-42Oct 7ELECTIONS.
NOMINATIONS BY PETITION.
Statute providing for nominations by certificates is not repealed by act of 1941.
83-42Jan 14PROSECUTING ATTORNEY.Special Prosecuting Attorney appointed under Sections 12948 and 12949 R. S. Mo. 1939 is not entitled to salaries or fees.
83-42Jan 16COUNTY COURTS.May expend funds for National Defense.
83-42Feb 6FEES.
TAXATION.
Witnesses and jurors in criminal cases must furnish evidence of no indebtedness to state or county before paid by treasurer.
83-42Feb 17SCHOOLS.Sale under mortgage without suit, circuit court need not be in session.
83-42Mar 4COUNTY BUDGET ACT.
COUNTY COURT.
Cannot compile a second budget which has been reported to State Auditor.
83-42Mar 26CRIMINAL COSTS.Juvenile cases and seven questions relating thereto.
83-42Apr 10SPECIAL ROAD DISTRICT.Number of commissioners and method of their selection in “eight mile” road district.
83-42Apr 10CRIMINAL COSTS.Seven questions on fees allowed non-resident witnesses and to sheriffs.
83-42May 4BUREAU OF MINES AND MINING.Person mining shale which is manufactured into brick before sale is liable for mining inspection fee.
83-42June 12STATE MINE INSPECTOR.May obtain surveys of all mines in the State.
83-42Aug 27BONDS.The ten year statute of limitation is applicable to drainage district bonds.
83-42Sept 23CRIMINAL COSTS.
PROSECUTING ATTORNEY.
Prosecuting Attorney not allowed fee where punishment was not assessed in the penitentiary, county jail or by fine.
83-42Oct 20TAXATION.
ASSESSORS.
COMPENSATION.
Compensation allowed assessors. Maximum amount of fees which he may retain.
83-42Nov 13JUDICIAL COMMISSION.Appropriation by the Legislature necessary for the payment of the expenses of the judicial commissions.
83-42Dec 30FUND COMMISSION.
BONDS.
Type of application required and powers and duties of Board of Fund Commissioners in replacing or paying lost bond or coupons of the State.
84-42Apr 22TAXATION.
SPECIAL ROAD DISTRICTS.
Commissioners of special road districts not authorized to levy a tax.
85-42Jan 6STATE BOARD OF HEALTH.There is no legal duty for the State Board of Health to make tests of medico-legal nature. There is not statute prohibiting the same to be made by the State Board of Health when the requisite cost is paid by the official or county requesting the same.
85-42Jan 16BOARD OF HEALTH.May select same employees to administer merit system that may already be employed to administer some other merit system, but may not maintain joint records, etc.; may not enter into joint merit system even though upon request of Children’s Bureau.
85-42Jan 21STATE.
INSURANCE.
State Board of Health may insure money against hazard of theft and robbery.
85-42Jan 23BOARD OF HEALTH.
VITAL STATISTICS.
May not use fees for birth certificate to pay additional help, but must pay into treasury.
85-42Jan 26Dr. James StewartWITHDRAWN
85-42Feb 4BOARD OF HEALTH.
TOURIST CAMPS AND RESORTS.
Persons failing to obtain license from the State Board of Health are guilty of misdemeanor under Section 4794, R. S. Missouri, 1939.
85-42Feb 17Mr. Hugh StephensWITHDRAWN
85-42Apr 16SHERIFFS.
FEES.
May only charge from place of arrest for transporting insane person to State Hospital.
85-42May 7BOARD OF HEALTH.Legality of rules and regulations construed.
85-42June 3HEALTH COMMISSIONER.The salary of the Health Commissioner of the State of Missouri is $5,000.00 per year.
85-42June 11HEALTH, BOARD OF.Trailer Camps not governed by Sec. 9955 R. S. Mo., 1939, which deals with Tourist Camps and Resorts.
85-42July 21STATE BOARD OF HEALTH.Has authority to construct public sewage disposal facilities but all contracts for such construction must be made by State Purchasing Agent.
85-42Aug 6TAXATION.
DORMITORY AT STATE TEACHERS COLLEGE.
Property rented to and used by State Teachers College at Warrensburg, Missouri, exempt from taxation.
85-42Aug 13BOARD OF HEALTH.Convalescent, nursing, shelter or boarding home under the provisions of Senate Bill 142, Laws of Mo., 1941, p. 368.
85-42Aug 15BOARD OF HEALTH.
TOURIST CAMPS.
Establishment consisting of two or more cabins and quartering permanent guests subject to regulation by State Board of Health.
85-42Aug 26STATE BOARD OF HEALTH.Cannot pass rules and regulations which apply to only one county.
85-42Sept 17James Stewart, M. D.WITHDRAWN
85-42Oct 24HEALTH, BOARD OF.
PROSECUTING ATTORNEYS.
Prosecuting Attorneys have authority to apply for an injunction for the abatement of public nuisances at their own relation.
85-42Oct 26HEALTH, BOARD OF.Resorts and recreational camps not subject to inspection by State Board of Health.
86-42Mar 30SCHOOLS.
LIMITATION OF TAX RATES.
Rates of taxes for school purposes in cities, towns and consolidated school districts.
86-42May 14MOTOR VEHICLE FUELS.
STATE HIGHWAY DEPARTMENT.
Oils and fluids sent for inspection to the State Inspector may be used by the State or its agencies.
86-42Sept 21Mr. Jos. W. StillwellWITHDRAWN
88-42Feb 24CITY COMMITTEE.A political party of the City of Independence has a right to select a city committee to perform such duties as are given either expressly or by custom and practice.
88-42July 29ELECTIONS.
REGISTRATIONS.
CHANGE OF RESIDENCE IN DISTRICT.
A voter who moves from one address to another in an election precinct should have his name transferred to the new address before he is entitled to vote.
88-42Oct 9ELECTIONS.
WAR BALLOTS AND ABSENTEE BALLOTS.
Public Act 712 of Congress does not relieve Election officials of duty to furnish absentee ballots to persons in military service.
89-42Mar 4 TOWNSHIP ORGANIZATION.Governor may order audit of township under Section 13105 R. S. Missouri, 1939.
89-42Apr 9Hon. Guy H. ThompsonWITHDRAWN
89-42Apr 18CIRCUIT CLERKS.
COUNTY CLERKS.
CONTRACTS.
May give cause for ouster by failing to personally devote time to duties of office. For purchase of supplies for office are void where clerk represents seller.
89-42Apr 27SEEDMAN’S LICENSES.Manager of a “Community Sale” who sells for a farmer seeds grown by the farmer is not required to have a seedman’s license.
89-42May 6HOME GUARD.
MISSOURI RESERVE FORCE.
Called to active duty does not furnish grounds for forfeiture of county office.
89-42May 9OFFICERS.Prosecuting Attorney relinquishes right to compensation by accepting Commission in the Navy and reporting for duty.
89-42May 27PENAL INSTITUTIONS.Procedure necessary to transfer delinquents from State Industrial Home for Girls to the Missouri State School for Feeble-minded and Epileptic at Marshall.
89-42June 2COUNTY OFFICERS.Entitled to collect full salary for each year although amount not fully included in budget.
89-42June 11ELECTIONS.Failure to file declaration in statutory time.
89-42July 27INSURANCE.(1) Missouri State School for Blind cannot purchase insurance covering damage or loss on property in its department; (2) State of Missouri is not liable in damages for the torts of its officers or agents while in the performance of their duty.
89-42Sept 16OFFICERS.Township officer cannot hold office under the United States.
89-42Sept 17ELECTIONS.
BALLOTS.
BALLOT BOXES.
CONDUCT OF ELECTIONS.
In regard to color of ballots, number and kind of ballot boxes, and depositing of various ballots in the ballot box.
89-42Dec 22COUNTIES.
COUNTY BUSINESS.
County courts should transact all “county business,” which includes purchase of material and supplies for county highway system.
90-42Aug 25LABOR.Boys of 14 and 15 may be employed as telegraph messengers if they procure proper work permits, but such permits would not protect the employer of such boys if such employment turns out to be an employment in interstate commerce.
90-42Sept 24CHILD LABOR.Boys from fourteen to sixteen years of age may be employed as telegraph messengers if they have completed the common school.
93-42Feb 3CIRCUIT CLERKS.
SALARIES.
Section 13400, R. S. Mo. 1939, does not extend the compensation in term commencing January 1, 1939, that ended December 31, 1938.
93-42Nov 9OFFICERS – COUNTY SURVEYORS.A person can hold the office of county surveyor and city surveyor in the same county at the same time.
93-42Dec 10CRIMINAL PROCEDURE.Suit against sheriff, for excessive fees retained, must be filed within three years after the discovery of the shortage.
95-42June 3REPOSSESSION OF MORTGAGE PROPERTY UNDER THE SOLDIERS’ AND SAILORS’ RELIEF ACT OF 1940.Under the Soldiers’, etc. Civil Relief Act of 1940 a mortgagee cannot repossess an automobile bought by a person in military service prior to Oct. 17, 1940, if the mortgagor is unable to pay because of his military service.
95-42Oct 26SCHOOLS.Directors have the right to refuse to allow the use of a school building for other than school purposes.
97-42Jan 12BOARD OF PHARMACY.
LICENSES.
Appeal does not vacate Board’s revocation of license pending decision of Governor and Attorney General.
97-42Jan 27PUBLIC LANDS.Sale of public lands.
97-42Mar 9TOWNSHIP OFFICERS.Township officers who failed to qualify as provided by Statutes are de facto officers and full credit may be given their official acts unless the third party has knowledge of the failure to qualify.
97-42Mar 17PUBLIC ADMINISTRATORS.Section 301, Laws of Missouri, 1941, page 286, is constitutional.
97-42June 11COUNTY TREASURER.
ISSUANCE OF PROTESTED WARRANTS FOR COUNTY LIBRARY EXPENDITURES.
County treasurer may not protest warrants for county library in cases where the revenue for payment of warrants is not collected in the year of the issuance of such warrants.
97-42Aug 5CRIMINAL LAW.
PROSECUTING ATTORNEY.
Information cannot be filed in Circuit Court where a justice of the peace releases defendant on preliminary.
97-42Sept 15BOARD OF PHARMACY.Rule or regulation with respect to renewal of licenses of pharmacists in armed forces.
97-42Nov 5CONSERVATION COMMISSION.
FISH AND GAME.
Right to seine rough fish in private lake.
98-42Apr 27RECORDER OF DEEDS.
RELEASE OF CHATTEL MORTGAGE.
Recorder may indicate partial release of personal property in chattel mortgages.
99-42Jan 30INSANE PATIENTS.
COUNTY COURT’S LIABILITY.
The liability of the County Court for insane patients must be determined by Section 9358, R. S. Mo. 1939.
99-42May 12NEPOTISM.School director cannot appoint daughter of the half-brother of his father-in-law.
100-42Apr 13ELECTIONS.Central committee of political party can only fill vacancies on a ticket after the primary when nominated candidates die or resign.