1943 MISSOURI ATTORNEY GENERAL'S OPINIONS

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OpinionDateTopicSummary
1-43Feb 26CONSTITUTIONAL CONVENTION.
NOMINATION OF DELEGATES.
Members of Senatorial Committee convened to nominate delegates for election as members of Constitutional Convention, may not count votes by proxy of any such member absent from such convention.
1-43Dec 11Hon. George Adams WITHDRAWN
2-43Apr 24TAXATION.
SALES TAX.
EXEMPTION.
Construction of proposed amendment to the exemption section of House Bill 125, by Mr. Andrae.
2-43Nov 8COUNTY. Stickers should be placed on ballots voted in bond election for airport.
3-43Feb 26CONSERVATION COMMISSION.
LEGISLATION.
The authority of the Legislature under Section 16, Article 14 of the Constitution of the State of Missouri.
3-43Apr 29INSURANCE.
PENAL DEPARTMENT.
APPROPRIATIONS.
A five-year contract for insurance for the protection of penal institutions may be executed and payment made out of the biennial appropriation for 1943-1944.
3-43Dec 18MARRIAGES.
CIRCUIT JUDGES.
Circuit Judges authorized to solemnize marriages any place in the State of Missouri.
4-43Mar 11Mr. Walter E. Bailey WITHDRAWN
4-43Mar 17BANKS AND BANKING.
SMALL LOAN LAW.
LEGISLATIVE COMMITTEES.
Power and authority of Legislative Committees to compel the production of books and records of American Investment Company.
4-43May 10COUNTY TREASURER. Must pay warrants in regular order of presentment even though judgment has been obtained on them.
4-43Dec 29COUNTY COURT. Two members are sufficient to transact business.
5-43Feb 16APPROPRIATIONS. Funds may be appropriated in 1943-44 biennium to cover costs of government in 1945, but total period covered may not exceed two years from passage of appropriations act.
7-43Mar 5SCHOOLS.
ELECTIONS.
(1) School boards in common school districts cannot set up two voting places for the election of county superintendent; (2) School boards in city, town and consolidated districts may designate more than one voting place; (3) Counties are not required to provide ballots for election of county superintendent; (4) No special kind of ballot is required, and no one is charged specifically with the duty of furnishing ballots; and (5) School boards should provide blank ballots for use of the voters.
7-43Apr 23CORPORATIONS. Under House Bill 309 certificate of shares of stock may be indorsed in blank.
8-43Mar 30COUNTY JUDGE. Can Presiding Judge of the County Court act for the county in selecting, for county depository, and lending agent on county warrants, a bank in which he is cashier, director and stockholder?
9-43July 26Miss Dollie BlakeWITHDRAWN
9-43Aug 18COUNTY CLERK.
COUNTY OFFICERS.
County clerk has duty of performing ministerial acts in the management of county school fund mortgages.
9-43Aug 24MUNICIPAL CORPORATIONS.
TAXES.
Special tax bills against county for street improvements.
10-43Apr 20PROBATE COURTS.Instructions to jury should not be given by probate judge.
10-43July 24COUNTY COURT. Court, in its discretion, may allow fee to sheriff, involving use of an ambulance in transporting insane county patient to state hospital.
11-43Jan 6OFFICERS.
OATH OF OFFICE.
Oath of office to a member of the County Court may be administered in any state by any person authorized to administer oaths.
11-43Jan 11RECORDER OF DEEDS.
CORPORATIONS.
Articles of agreement should be filed and not recorded in the office of the recorder of deeds.
11-43Feb 18GENERAL ASSEMBLY.
STAMPS.
EXPENSES.
General Assembly may furnish the members thereof stamps for official business.
12-43Jan 21Hon. Dwight H. BrownWITHDRAWN
12-43Jan 30TAXATION.
EXEMPTION.
Property held by county court for use and benefit of county school fund is exempt from taxation; if it is so held on the assessment date such property remains exempt even though title thereto passes to a non-exempt holder before the next assessment date.
12-43Feb 13CONSTITUTIONAL CONVENTION.March sixth last date for filing certificates of nomination of delegates.
12-43Mar 11ELECTIONS.Time for certifying Constitutional Convention nominees by the Secretary of State.
12-43Aug 28LAWS, CONSTRUCTION OF.
INITIATIVE OR REFERENDUM PETITION.
How to compute the number of legal voters necessary.
12-43Aug 30CONFEDERATE HOME-CARETAKER AND ASSISTANTS.Board of Trustees of Confederate Home at Higginsville may employ caretaker and assistants.
12-43Aug 31LAWS.Effective date of.
12-43Oct 26SHERIFFS. Has authority to purchase supplies for county jail without County Court order, if budget is sufficient. County Court cannot arbitrarily refuse account because price exceeds a prior contract price for other county buildings.
12-43Nov 19SECRETARY OF STATE.
PRIVATE DETECTIVE AGENCIES.
Cities of 200,000 to 400,000 must register with Secretary of State.
12-43Nov 26TOWNSHIP COLLECTORS. Township collectors liable on official bonds for failure to comply with Sections 14,009, 14,010 and 14,011, R. S. Mo. 1939.
12-43Dec 27SECRETARY OF STATE.
CIRCUIT CLERK’S BOND.
Secretary of State has no authority to return bond filed in accordance with statute.
13-43Mar 9EXTRADITION. Information on felony filed directly in the criminal court is not a sufficient affidavit before a magistrate for extraditional purposes.
13-43Mar 26Hon. Bill BurkeWITHDRAWN
13-43Mar 31OFFICERS.
ELECTIONS.
A county officer may serve as a city councilman if the two offices are not incompatible. If the candidate receiving the majority vote cannot qualify, there is no election and one receiving minority voted is not elected.
13-43Mar 31DELINQUENT JUVENILES.Discretionary with court as to who executes commitment.
13-43April 23COUNTY BUDGET.Failure to include county health officer’s salary in budget does not relieve the county of the obligation.
13-43May 6CITIES OF THE THIRD CLASS.Sinking funds cannot be invested in United States Bonds.
13-43July 1MARRIAGES. Order of Circuit or Probate Court for issuance of a marriage license immediately should be followed by the Recorder of Deeds.
13-43July 17SHERIFFS AND CONSTABLES. Sheriffs and Constables, within the jurisdiction of his (the Constable’s) justice, may summarily seize gambling devices.
13-43Aug 24PROBATE JUDGE.Not authorized to appoint a deputy judge.
13-43Oct 28TAXATION. Ad valorem tax of merchant who ceases doing business before first Monday in June; on merchants who commence doing business after first Monday in June.
13-43Dec 2CRIMINAL COSTS.
PAROLEE.
Taxed costs shall include meals, and be paid by parolee.
16-43Mar 3PROSECUTING ATTORNEY.
OFFICERS.
A tenure of a holdover prosecutor ends when his successor, after election and after a commission is issued, takes the oath of office.
17-43Feb 26Hon. Jonathan Edwards ClarkeWITHDRAWN
17-43Apr 22OFFICERS.A committeeman may not qualify as Constitutional Convention delegate.
17-43May 14ASSESSORS. May be removed by county court for failure to perform duties and a successor appointed.
17-43Aug 6RECORDER OF DEEDS.
RECORDING LEASES.
Lease of real estate should be recorded.
17-43Sept 22COUNTY ASSESSOR.
TAXATION.
Trustee should furnish Assessor a list of property held as trustee. Liability in case of failure to do so.
18-43Jan 9CRIMINAL LAW.Submissible case stated under Sections 9865 and 9868 R. S. Mo., 1939.
18-43July 15ROAD DISTRICTS. Specials under Article 10, Chapter 46 R. S. Mo. 1939, may buy rock quarry, but cannot lease.
18-43Sept 29COUNTIES – ROAD OVERSEERS.Mandatory that County Court appoint Road Overseers. Such appointment may be made any time.
18-43Nov 2SCHOOLS.How cost of transporting Negro student to school is to be paid when it exceeds five dollars per month.
19-43Feb 2TAXATION.
SUCCESSOR TRUSTEE.
In case of death, resignation or removal of trustee appointed under Jones-Munger Act, successor trustee takes trusteeship without any conveyance from original trustee and takes title to all properties acquired under authority of Section 11131, R. S. Mo. 1939.
19-43Feb 17WATER DISTRICTS. Water districts formed under Article 12, Chapt. 79, R. S. 1939, do not have exclusive right to sell water in their territorial limits.
19-43Apr 15OFFICERS.
ELECTIONS.
Present incumbents in townships hold over for another term when no election was held.
19-43May 8TOWNSHIPS. Fair Labor Standards Act does not apply to employees of township or other political sub-division of the State.
19-43July 6COUNTY COLLECTOR.All statutory requirements in sale of delinquent taxes must be complied with exactly as prescribed. A sale held in any other manner renders the transaction void.
19-43Dec 10COUNTY FARM BUREAUS.
EXTENSION AGENT.
County Court must make appropriation to county farm organization, and extension agents must maintain office at county seat.
20-43May 14Mr. Lieu. Cunningham, Jr. WITHDRAWN
20-43May 25ACCOUNTANTS.
STATE BOARD OF ACCOUNTANCY.
Candidate for C.P.A. examination need not be in public practice.
20-43June 28INSANE PERSONS.
COUNTIES.
State has no claim on estate of insane person sent to the institution by county court as a poor person.
20-43Aug 5CONFEDERATE HOME. Present Board of Trustees continues in charge until effective date of Senate Bill No. 178; there being no appropriation to cover per diem of board members, none can be paid but they may draw mileage for attending meetings.
21-43Jan 19TAXATION.
DELINQUENT TAXES.
DRAINAGE DISTRICTS.
Lands acquired by drainage districts are not subject to taxation and the lien for delinquent taxes may not be enforced during the ownership of the lands by the drainage district.
21-43Jan 25COLLECTORS.In Section 11056, R. S. Mo. 1939, the words “calendar week” mean a period from Sunday to Saturday, and the words “year immediately preceding his election or appointment” mean the twelve months preceding the election or appointment and not the last calendar year.
21-43Mar 27COUNTY OFFICERS. County required to furnish necessary supplies for county officers if same has been contemplated in the budget.
21-43Mar 30ROADS AND BRIDGES.Town board may vote by mail and may on subsequent appointments of commissioners declare their first, second and third choice.
21-43July 12COUNTY COLLECTOR.Shall collect drainage district taxes.
21-43Sept 1VILLAGES.
TAXATION.
Trustees may pass ordinances for the taxation of dance halls and pin-ball machines, but have no authority to tax juke boxes.
21-43Dec 29TAXATION. Priority of tax liens, General County and State taxes in relation to general municipal tax liens.
22-43Jan 11TAXATION. Limitation of taxes by county.
22-43Sept 14SCHOOLS.
SECRETARY AND TREASURER.
COMPENSATION.
Compensation of Secretary and Treasurer of Board.
22-43Nov 26ELECTIONS.
ABSENTEE VOTING.
Senate Bill No. 31 excuses nonregistration of persons in military or naval service voting absentee ballots. Registration laws apply to such persons not voting absentee.
23-43Nov 18BARBERS.
LICENSING.
Right of board to waive penalty fees under Section 10132, R. S. Mo. 1939.
24-43Jan 21CIRCUIT CLERKS. (1) Circuit Clerk of St. Louis County not entitled to fees in addition to his salary set by Section 13528, R. S. 1939. (2) Circuit clerks are entitled to retain fee for bar enrollment as provided by Supreme Court Rules.
24-43Feb 17GOVERNOR.
EXTRADITION.
Present rendition warrant issued by the Governor is valid.
24-43Apr 10Hon. Elvin S. DouglasWITHDRAWN
24-43July 22APPROPRIATION.
BUDGET ALLOTMENT.
How amounts expended under six-month-bill is to be charged against biennium bill.
24-43July 29TAXATION. Procedure for collectors in selling lands for delinquent taxes after the same have been offered at the third sale and no bid has been received therefor.
24-43Aug 3TAXATION.
ESTATES.
Executors or administrators of estates are liable for taxes against estates if they do not pay same out of the assets of estate and if taxes are assessed against the estate, the executor, administrator and their sureties are liable under the bond of such taxes.
24-43Nov 16COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS. Qualifications for County Superintendent of Public Schools under Section 10609, R. S. Mo. 1939, shall be at least twenty-four years of age, a citizen of the county from which he is appointed, hold a state certificate authorizing him to teach in the public schools of Missouri.
24-43Nov 18STATE BUILDING COMMISSION.
PURCHASING AGENT.
Employment of architects for remodeling eleemosynary and penal institutions under State Building Commission Act does not have to be approved by State Purchasing Agent.
24-43Nov 20PURCHASING DEPARTMENT.
BONDS.
Bond required by certifying officer must clearly show the intention to cover duties prescribed by House Bill No. 500, 62nd General Assembly.
24-43Dec 22GOVERNOR.
PUBLIC SERVICE COMMISSION VACANCIES.
1) Vacancies in Commission shall be filled by the governor for the unexpired term. 2) Governor must submit name of appointee for confirmation to the Senate at the next general assembly whether in regular or special session.
26-43Jan 15SCHOOLS. School districts can pay out of school funds for apparatus and labor to furnish lunches to children attending school.
26-43Feb 9MUNICIPAL CORPORATIONS. Mayor cannot vote to break tie-vote on a council committee or board of public works.
26-43Apr 19LABELING AND TAGGING.All “commercial feeding stuffs” sold, offered or exposed for a sale, or disposed of in this state, shall be labelled and tagged in accordance with the provisions of Article 22, Chapter 102, R. S. Mo. 1939, and the Commissioner may only withdraw from sale such feeds as listed in Section 14329, R. S. Mo. 1939.
26-43Aug 11APPROPRIATIONS. An Appropriation Act which fails to designate the fund from which it is payable should be paid out of the general revenue.
26-43Aug 16MARRIAGE LAW.House Bill 20. Charging of fees by probated judges and circuit judges in connection with issuance of marriage license.
26-43Sept 11AGRICULTURE.
EGG REGULATIONS.
Approved egg regulations.
26-43Oct 18SCHOOLS.Dissolution of Consolidated District may become effective when all the provisions of Section 10472, R. S. Mo. 1939, have been complied with.
26-43Nov 9DEPARTMENT OF AGRICULTURE.
STATE OF MISSOURI.
The word “premium” construed in Sec. 30A, House Bill #419, to include ribbon prizes, the cost of which shall be paid out of such appropriation, where such ribbons are awarded pursuant to the act.
27-43Oct 12ROAD DISTRICTS.Statutory method for dissolution provided for each type of district, must be followed.
28-43Apr 14TAXATION.
SALES TAX.
House Amendment No. 1 to House Bill 125 would subject all ultimate consumers of electrical current, steam heat, water and gas, to the provisions of the sales tax, except those which are exempt under Sections 11409 and 11453 of the Act.
28-43Apr 14TAXATION.
SALES TAX.
Effect of House Amendment No. 2 to House Bill No. 125.
28-43May 14Mr. Ted FergusonWITHDRAWN
28-43June 9Miss Dorothy F. FardonWITHDRAWN
28-43June 18INSURANCE. Three questions relating to the authority of the State to insure.
28-43July 27SUPERINTENDENT OF SCHOOLS.Shall not engage in teaching or any other employment that interferes with the duties of his office.
28-43July 29SCHOOL FUND MORTGAGE. Statute of Limitations will run against the county in a school fund mortgage after a period of twenty years has elapsed, but the obligation remains in force as against sureties.
28-43Oct 12PROBATION OFFICER.Section 9708, R. S. Mo. 1939, repealed by implication.
28-43Dec 8COUNTY COURT.
SCHOOLS.
Construction of Section 10384A relative to procedure in determining true value of property.
29-43Feb 5COUNTY COLLECTOR.
COMMISSIONS.
County Collector should not deposit his commissions on taxes with taxes in the County Treasury.
29-43Feb 16INCOME TAX.
DEFERMENT OF COLLECTION AND MAKING RETURNS.
Collection of income taxes and the necessity of filing return by members of the armed forces outside the United States if such person’s ability to pay such tax is materially impaired or if he is not in a position to make a return by reason of such service.
29-43Apr 3CLERK OF CIRCUIT COURT. Temporary military service does not vacate office.
29-43July 23TOWNSHIP.Authority of Township Board to require an audit of road and bridge moneys for two years preceding April, 1943.
31-43Apr 6STATUTES.
LEGISLATURE.
A law applying to counties of certain population and under is not a special law.
32-43Aug 25AGRICULTURE.
COMMUNITY SALES - REGULATIONS.
Regulations authorized by Senate Bill 11, relating to Community Sales.
32-43Aug 30PROBATE JUDGES.Compensation – Senate Bill No. 4.
33-43Mar 31STATE HIGHWAY PATROL.Violation of a city ordinance is not a criminal offense.
33-43June 14INHERITANCE TAX.
DEDUCTIONS.
Homestead and dower.
33-43July 13COUNTY COLLECTORS.Monthly reports required; liability for failure to make.
33-43Nov 9OFFICERS.
TOWNSHIP TRUSTEES.
The County Court and not the Township Board is authorized to fill vacancy in office of Township Trustee.
34-43Feb 27ELECTIONS.
SHERIFFS.
No fees provided for services for proclamation or notice of election for Constitutional Convention delegates.
34-43June 10CRIMINAL COSTS.Where property is taken from a dwelling house, valued at less than $30.00, county pays the costs; and, if more than $30.00, the State pays the costs.
35-43Apr 20TAXATION.
EXEMPTION.
Property held by trustee by Jones-Munger delinquent tax sale is exempt from taxation.
35-43June 16TAXATION.
SOLDIERS AND SAILORS.
DELINQUENT TAXES.
Penalty and interest on delinquent taxes of persons in military service forgiven.
35-43June 24COUNTY COURT. May not reduce interest on outstanding loans and may not change school fund mortgage by attaching “rider” to the mortgage.
35-43July 27SCHOOLS.
BOARD OF DIRECTORS.
Shall purchase from building fund additional land required for proper sanitation of school house.
35-43Dec 20DRAINAGE DISTRICTS.
ROADS AND BRIDGES.
Not responsible for upkeep of their bridges after expiration of charter; authorities whose duty it is to maintain road on which bridge is constructed by drainage district may repair and maintain such bridge.
36-43Apr 23CIRCUIT CLERK. Fees for special recordings are nonaccountable.
37-43Jan 5LIEUTENANT GOVERNOR.
SENATE.
Power of Lieutenant Governor to vote and debate in the Senate.
37-43Jan 22BANKS AND BANKING.Interpretation of Sections 7952 and 8032, R. S. Mo. 1939, as amended, relative to the amount banks and trust companies may loan to individuals, partnerships, corporations and bodies politic.
37-43Feb 16BANKS AND BANKING.
SMALL LOAN COMPANIES.
The secrecy section of the banking code does not apply to the annual reports required to be filed by Small Loan companies under Section 7885, R. S. Mo. 1939.
37-43May 4Hon. Leo J. HarnedWITHDRAWN
38-43Jan 6EMBALMING BOARD. Board may consider application of an individual for re-examination, where his license has been revoked for cause. Signing in blank certificates of death and leaving them with undertaker who is not licensed embalmer, to be used by him, is cause for revocation of license.
38-43Feb 12SOLDIERS.
STATE BOARD OF HEALTH.
Soldiers should not be charged for certified copies under certain conditions.
38-43Apr 5PROSECUTING ATTORNEY.
SCHOOL LOANS.
Not entitled to fee for examination of abstract from person making application for school fund loan.
38-43June 7BOARD OF OPTOMETRY.
POWERS.
Not authorized under certain conditions to subpoena optometrist who makes slanderous remarks.
38-43July 1EMBALMING BOARD.Licensing nonresidents.
39-43May 4TAXATION.
EXEMPTIONS.
Real estate to be exempt from taxes on account of being used for religious worship or for purposes purely charitable must be used exclusively for religious worship or for purposes purely charitable.
39-43July 10TAXATION.
DEPUTY COUNTY COLLECTORS.
TAX SALES.
Deputy county collectors in counties under township organization may conduct sales of delinquent lands for taxes.
39-43July 15MARRIAGE LAW. “Good cause” to be determined in each instance from facts presented.
39-43Aug 17SCHOOLS. School district receiving State aid may pay excess above $3.00 allowed for transportation costs, out of incidental funds of the district.
39-43Sept 27LIQUOR.
BONDS.
When supervisor may revoke license after cancellation of bond.
39-43Sept 29INTOXICATING LIQUOR.
ELECTION.
Construing Section 4890, RSMo 1939.
40-43Jan 14COUNTY COURT. Old county court may employ janitors whose terms extend into term of new county court; two members of the county court may make an order to transact business without the presence of the other member of the county court.
40-43Apr 7COUNTY OFFICERS SURETY BOND.Consent and approval of County Court for surety bond should be secured in advance.
40-43Apr 20COUNTY COURTS.
AIRPORTS.
County courts may appropriate funds for purchase and maintenance of airport in the county.
40-43Apr 28TAXATION.
BOARD OF EQUALIZATION.
ASSESSORS.
OMITTED PROPERTY.
County assessor may not add personal property to assessment rolls after he has turned his books over to the county clerk. The county board of equalization may not put on the tax rolls omitted personal property for any year other than the assessment which was made on June 1 next before the session of said board.
41-43Jan 12COUNTY ASSESSOR’S COMPENSATION.De jure officer entitled to compensation instead of de facto officer who performed assessor’s duties.
41-43Jan 27REAL ESTATE COMMISSION. Licensed broker and licensed attorney may act in dual capacity.
41-43Feb 4CRIMINAL COSTS. State cannot pay board bills in criminal cases until money has been advanced by county and paid the sheriff.
41-43Feb 19OFFICERS.
PROBATE JUDGE OF JASPER COUNTY.
Where duties are performed by several persons during a year each person is entitled to proportionate share of the annual compensation.
41-43Mar 4REAL ESTATE COMMISSION.There is no authority for requiring the applicant to pay his 1942 fees before obtaining his 1943 license.
41-43Mar 27REAL ESTATE COMMISSION.May revoke, or suspend, on indictment although cause is still pending.
41-43Apr 24REAL ESTATE COMMISSION.Cannot demand money put in escrow on guaranteed first mortgages.
41-43Apr 26REAL ESTATE COMMISSION. To collect commission licensee must have license at the time he was employed to sell real estate.
41-43May 17EFFECTIVE DATE.
MARRIAGE LAWS.
House Bills 20 and 45.
41-43May 26REAL ESTATE COMMISSION. Licensed real estate agent cannot pay unlicensed broker commissions to secure prospective customers for money loans secured by real estate.
41-43June 7REAL ESTATE COMMISSION. Licensee may pay non-resident who regularly engages in the brokerage business.
41-43June 10REAL ESTATE COMMISSION.Fees of unused license cannot be refunded; a person who holds himself out as a real estate dealer in this state must qualify and apply for a license.
41-43Aug 5REAL ESTATE COMMISSION.No prohibition against broker paying directly or indirectly to borrower cost of making loan, under Sec. 15, p. 424 et seq., Laws of Mo., 1941.
41-43Aug 14OFFICERS. Compensation of officers cannot be increased during their term of office.
41-43Sept 20PROBATE JUDGES. Should collect fees under present law until House Committee Substitute for Senate Bill 4 becomes effective.
41-43Nov 15COUNTY COLLECTOR.
TAXATION.
County not liable for erroneous publication of notice of tax sale.
41-43Nov 18MISSOURI REAL ESTATE COMMISSION ACT.
AUCTIONEER.
Auctioneer not required to obtain license from Missouri Real Estate Commission to sell real estate at public sale.
42-43Feb 17CRIMINAL COSTS.
CRIMINAL LAW.
Solvent convicted defendant in counties of the third class liable for board bill accruing while committed to jail by lawful authority as part of costs.
42-43Mar 6OFFICERS.A County Treasurer who marries after being elected may sign her marital name to official documents.
43-43Mar 29RECORDER OF DEEDS AND RECORDS. Recorded instruments once recorded cannot be changed on the same record.
43-43Aug 16CRIMINAL COSTS.
COUNTY COURT.
County Court must pay criminal costs in all cases properly certified, though such costs are not included in county budget; county judge incurs no personal liability in signing warrant where two-thirds of court vote to pay warrant; persons suffering from communicable diseases may be prosecuted for violation of rules and regulations of State Board of Health.
44-43Apr 28SCHOOLS. Missouri School for the Deaf cannot sell typewriters directly to the War Production Board.
44-43Aug 16SCHOOLS.
DEAF AND DUMB SCHOOL.
Children under six years of age may not be admitted to the Missouri School for the Deaf.
44-43Sept 4SCHOOL FOR THE DEAF.
ADMITTANCE OF CHILD UNDER 6 YEARS OF AGE.
Children under six years of age may be admitted to Blind and Deaf School if no school funds are used for their maintenance and education.
44-43Oct 15APPROPRIATIONS.
ITEMIZING.
Salaries of skilled labor and technical services may be paid out of the appropriation for “Repairs and Replacements” or “Additions” if services for such skilled labor or technicians are used for repairs and replacements or additions.
45-43Jan 21COUNTY COURT. Upon appointment of county superintendent of public welfare the appointment of a probate parole and truant officer is automatically suspended.
45-43Feb 11ROADS AND BRIDGES.Town board cannot vote by mail in eight-mile road district, when not situated more than ten miles from county seat.
45-43Feb 12ELECTIONS.Eight questions concerning the selection of delegates to the Constitutional Convention.
45-43Feb 18BUILDING AND LOAN.
ELECTIONS.
Manner of electing Directors.
45-43June 1BUILDING AND LOAN. Building and Loan Supervisor may under certain conditions request court to escheat certain funds to the State of Missouri.
45-43July 14BUILDING AND LOAN.Not required to be custodian of records of liquidated building and loan associations.
46-43Jan 8OFFICERS. Deputy Circuit Clerk is an officer and entitled to receive compensation while lawfully holding title to office.
46-43Feb 2ELEEMOSYNARY INSTITUTIONS. Board of Managers may employ an “Executive Secretary” to work in central office at Jefferson City, Missouri, with reservations.
46-43Feb 4LOTTERIES.
THEATRE.
A plan whereby persons in attendance at the movie having a chance to be selected to answer some question which may be propounded to them, and, if they answer the question correctly, they are awarded a prize and, if incorrectly, they are given passes to the theatre, is a lottery.
46-43Feb 5INSANE PERSONS. Under the facts in this case patient in question belongs to the State of Missouri and not the State of Illinois.
46-43Apr 7SCHOOLS. Persons under twenty years of age should be enumerated even though absent in the military or naval service of their country.
46-43Apr 17ELEEMOSYNARY INSTITUTIONS.
STATE PURCHASING AGENT.
Boiler inspection insurance may be purchased by the State Purchasing Agent for Eleemosynary Institutions.
46-43Apr 22STATE ELEEMOSYNARY INSTITUTIONS.
GUARDIAN AND CURATOR.
Superintendent of State Hospital not authorized to receive money and funds due inmate.
46-43July 3COUNTY CLERK.Shall make the back tax book.
46-43July 10COUNTY HIGHWAY ENGINEER.In counties of no less than 20,000 inhabitants or more than 50,000 inhabitants the county court cannot appoint the highway engineer by reason of Sec. 8660.
46-43July 21LOTTERY.Scheme whereby right to call a relative in armed service is awarded to theater patron is a lottery.
46-43July 29WAGES (STATE EMPLOYEES). Writ of sequestration, under H. B. 167, should be served on State Treasurer.
46-43Dec 29ELEEMOSYNARY INSTITUTIONS.
BOARD OF MANAGERS OF STATE HOSPITAL #1.
State Sanatorium has no authority to assign warrants and open accounts for collection.
47-43Apr 22TOWNSHIP SCHOOL FUND. No authority to invest in United States Bonds.
48-43Jan 12JUSTICES OF THE PEACE.
TERM OF OFFICE.
TOWNSHIP ORGANIZATION.
The term of office for a justice of the peace in counties under township organization is two years.
48-43Feb 4INSANE PERSONS.County may recover for money expended for insane indigent county patient in certain instances.
48-43Mar 18COUNTY HIGHWAY COMMISSION.
DUTIES OF COUNTY COURT IN REGARD THERETO.
The provisions of the County Highway Commission Act are mandatory and it is the duty of the County Court to comply therewith.
48-43Mar 30SCHOOLS. (1) Voter must vote for county superintendent of schools in the school district in which he resides; (2) Voter must reside in school district thirty days prior to the election in which he offers to vote.
48-43Apr 1COUNTIES.Statute of limitations operates against the county.
48-43Oct 12SCHOOL DISTRICT.May close school and transport pupils of the district to other schools. Funds in hands of Treasurer known as Teachers’ Fund may not be invested in Defense Bonds.
51-43Mar 9BANKS.
TRUST COMPANIES.
BUILDING AND LOAN ASSOCIATIONS.
SMALL LOAN COMPANIES.
LOAN AND INVESTMENT COMPANIES.
REGISTERED PAWNBROKERS.
Resume’ of money lenders’ activities under Missouri Statutes.
51-43Nov 16PROBATE JUDGE.Fees received by Probate Judges for issuing order to Recorder to waive three (3) day waiting period between application and issuance of Marriage license, is an accountable fee. Probate Judge shall at the end of each month make and file with County Clerk, a report (a) of all fees collected for the month, (b) fees earned but not collected for month, except (1) fees collected for solemnization of marriages; (2) hearing and determining inheritance tax matters.
51-43Dec 7TOWNSHIP COLLECTORS.
TOWNSHIP BOARD.
Township board and not county court is authorized to fill vacancies in office of township collector.
52-43Feb 3ESCHEATS.Real Estate in this state, belonging to non-resident decedent who died intestate leaving no heirs at law, will escheat to the state of Missouri. Personal property in this state, belonging to non-resident decedent who dies intestate leaving no heirs at law, should be transferred to the administrator in the state of his domicile.
52-43May 22INCOME TAX.Section 11375, R. S. Mo. 1939, prohibits the examination of income tax returns or records for the purpose of obtaining information in connection with the collection of sales tax.
53-43Sept 11TAXATION – SALES TAX. Charges for use of skates at a skating rink are not subject to sales tax, but if charge is made to go on floor to skate, it is taxable.
54-43May 8MUNICIPALITIES.May impose license tax on resident operators of motor vehicles or operators doing business within the city.
55-43Jan 22SCHOOLS.
ELECTION OF COUNTY SUPERINTENDENT OF SCHOOLS.
Tally sheets and ballots for the election for county superintendent of schools.
55-43Jan 22SHERIFFS.In a county of 18,000, the sheriff, and not the county pays the jailer.
56-43Feb 17OFFICERS.
CIRCUIT CLERK.
Induction into the armed forces does not effect title or compensation.
56-43Mar 10SCHOOL.House Bill 94 increasing qualifications of county superintendent does not apply to those elected at April 6, 1943, school election.
56-43Apr 12OFFICERS.Recorder of Deeds should not send out signed and sealed marriage licenses to Justices of the Peach to be used as needed, but should issue them himself upon request.
56-43May 28SHERIFF.
FEE.
In counties the size of Cole the sheriff is entitled to three dollars ($3.00) per day while actually in attendance on the court. He may appoint, not to exceed three deputies for such. Deputies are entitled to three dollars ($3.00) per day.
56-43Sept 28NEWSPAPER.Failure to publish for four weeks will not disqualify a newspaper from being a legal publication under Sec. 14968, R. S. 1939.
56-43Oct 1CRIMINAL LAW – COSTS.In criminal prosecutions instituted by Prosecuting Attorney, county is liable for costs even though Prosecuting Attorney does not file Information thereon.
57-43Feb 9SCHOOLS.Expenses of inspecting property which is security on school loan cannot be paid out of capital school fund.
57-43Mar 29COUNTY COLLECTOR.
TAXATION.
When County Collector entitled to credit for delinquent taxes.
57-43Apr 13CRIMINAL LAW.Giving a bad check under Section 4694 R. S. Missouri, 1939, without a false representation is not a violation of the law.
57-43Apr 28CRIMINAL LAW.When money is not obtained on a “bad check” the drawer is not guilty of obtaining money under false pretenses.
57-43May 10SCHOOLS.
MORTGAGES.
Sheriff is not authorized to sell bonds under school fund mortgages without certified copy of county court order made in conformity to Section 10387, R. S. 1939.
57-43May 19COUNTY COURT.County school fund loan may be made on any real estate in county. County court without authority to loan money from this fund on land outside county.
57-43June 24CRIMINAL PROCEDURE.On disqualification of a requested judge, the regular judge and not the requested judge shall request another judge.
57-43July 14INSANE PATIENT.County court may require estate of indigent insane patient to pay hospital fees, when by reason of an inheritance, the court changes status of patient from “county” to “private pay” patient.
57-43Aug 3SOLDIERS.
CRIMINAL LAW.
Right of Civil Authorities to try soldier for Civil offense in time of war.
57-43Aug 25CIRCUIT CLERK.
RECORDER OF DEEDS.
DEPUTIES.
A person over the age of seventeen years may act as deputy circuit clerk.
57-43Oct 4PROSECUTING ATTORNEYS.Should not accept employment to appear for clients before County Court.
57-43Oct 7PROBATE JUDGES SALARY.
COUNTY BUDGET.
Probate Judge’s Salary may be paid out of current Budget if there is a surplus, otherwise out of the 1944 revenue.
58-43Jan 16PROBATE JUDGES.
LIMITATION ON COMPENSATION.
Probate Judges’ compensation limited to annual compensation of Circuit Judge for same county for judicial services.
58-43June 2GENERAL ASSEMBLY.Mileage of members attending session.
60-43Jan 21PROSECUTING ATTORNEYS.(1) Duties of prosecuting attorneys relative to the escheat statutes; (2) Officers not allowed additional compensation for the performance of official duties.
60-43July 19TAX SALE OF LAND FOR DELINQUENT TAXES.Right to redeem–limitations.
60-43Oct 27TAXATION AND REVENUE.County clerks duty to extend real estate taxes to the proper road and school districts; both real estate and personal property shall be placed on same list.
61-43Mar 25CRIMINAL COSTS.Upon acquittal, even though an instruction on manslaughter is given on a murder in the second degree, the State is liable for the costs.
61-43May 17PROSECUTING ATTORNEY.May be “fee attorney” for the Reconstruction Finance Corporation.
62-43Jan 16Hon. Roy D. MillerWITHDRAWN
62-43June 8INSURANCE.
FRATERNAL AND BENEFIT ASSOCIATIONS.
Location of principal office and executive offices.
62-43June 18MUNICIPALITIES.
BOARD OF PUBLIC WORKS.
Retirement of bond issue.
62-43July 2Mr. Edwin W. MillsWITHDRAWN
62-43July 2MUNICIPALITIES.City of fourth class cannot annex a fire district until they have complied with Section 34 of the Fire District Act.
62-43July 13TAXATION.
ADMINISTRATORS AND EXECUTORS.
DISTRIBUTION OF ESTATES.
An executor or administrator may at his own peril distribute personal property of the estate without an order of the Probate Court and if such distribution is made before the tax-assessment date, then the estate is not subject to be taxed on the properties so distributed.
62-43July 15Hon. John E. MillsWITHDRAWN
62-43July 29TAXATION, DELINQUENT.Refunds for taxes derived from erroneous sales of delinquent lands should be paid out of the County Treasury.
62-43Aug 26Mr. J. W. MillerWITHDRAWN
62-43Sept 17SCHOOLS.Schools having average of less than fifteen pupils in attendance may be closed by Board of Directors, State Superintendent of Schools, or by temporary combination for educational purposes. Boards of district schools under superintendency of county superintendent of schools shall set up bus routes. Assignment of pupils to school most accessible is duty of county superintendent of schools.
62-43Nov 10COUNTY CLERK.
COUNTY COURTS.
STATUTES.
1) No authority to collect principal and interest on school fund loans—not liable on official bond for such funds inadvertently collected. 2) Have no authority to allow borrower and sureties to execute new bonds and mortgage for sole purpose of reducing interest rate. 3) Section 10386 Laws of Missouri 1943, procedural in character—applies to prior and subsequent school fund loans.
62-43Dec 8COUNTY CLERK.It is the duty of the county clerk to add up the figures showing the amount of tax in the proper columns of an assessor’s book, and the aggregate amount in each column shall be noted on each page.
63-43Sept 14Mr. William A. MoonWITHDRAWN
64-43Feb 2Hon. Henry G. MorrisWITHDRAWN
64-43Apr 12CRIMINAL LAW.
PAROLE.
One who has been previously convicted of a felony is not eligible to a parole under Section 4201 R. S. Missouri, 1939.
64-43Apr 21TAXATION.In counties duties and fees of township collectors and assessors with respect to income tax returns filed during the term of office but on which no assessment was made prior to the expiration of their term.
64-43May 11SCHOOLS.(1) Prosecuting attorney to prepare the papers necessary in the loaning of money from county school fund. (2) Duty of county clerk to see that such papers are properly recorded.
64-43June 4HOUSE BILL NO. 20.Marriage license application is not required to be presented in person by applicants for licenses.
64-43July 30MARRIAGES.Ceremony−where performed.
66-43Feb 18PROSECUTING ATTORNEYS.It is not the duty of the prosecuting attorneys to defend charitable trusts on the part of the public.
66-43Feb 24PURCHASING AGENT.
LEGISLATURE.
Permanent Seat of Government shall purchase supplies to be used on third and fourth floors of Capitol Building.
66-43Sept 8SCHOOL LOANS.
PROSECUTING ATTORNEY.
If requested by county court prosecuting attorney should give written opinion on title.
66-43Sept 10COUNTY SINKING FUND.
COUNTY CAPITAL SCHOOL FUND.
County sinking funds may be invested in United States bonds; capital school funds cannot.
66-43May 13DEPOSITORIES.
COUNTY DEPOSITORIES.
BANKS AND BANKING.
A county cannot pay bonus or fee to county depositories for taking care of county funds.
67-43Mar 3ELECTIONS.Same polling place may be used for both Constitutional Convention delegates election and municipal election.
67-43Apr 7ELECTIONS.Persons must be registered to vote in annual school election in City of St. Charles, Missouri.
67-43Apr 8RECORDER.Recorder not to destroy original deeds and marriage licenses after they have been recorded. He must retain in his office–(only exception being chattel mortgages five years old.)
67-43July 21SHERIFFS.
CRIMINAL COSTS.
Sheriff who is Superintendent of Public Welfare not entitled to mileage for investigating criminals.
67-43Sept 27MUNICIPAL CORPORATIONS.Cities of the third class may not expend money from the general revenue fund for the purpose of obtaining a “City Plan.”
67-43Oct 13SHERIFFS.County Court may allow and pay claims of sheriffs for services rendered in juvenile court.
67-43Oct 27SCHOOL FUND MORTGAGES.Proper disposition of income by County Court for repossessed real estate; whether credited to interest fund or capital school fund itself.
67-43Dec 30FARM BUREAU.Definition of “rural population” to be used in determining maximum appropriation.
68-43Jan 26OFFICERS.Presiding judge of the county court may be appointed deputy circuit clerk.
68-43Aug 14LIQUOR CONTROL.Minor may not be employed to make deliveries of liquor.
69-43Jan 7TAXATION.
PENALTIES AND INTEREST.
Penalties and interest on taxes may not be charged in cases where the taxpayer was unable to pay the taxes before they became delinquent on account of the death of the collector. Check is not legal tender for payment of taxes.
69-43Apr 5TAXATION.
PENALTIES.
What tax penalties persons in military service are excused from paying; how collector is to account to court for excused penalties; burden is on taxpayer to claim the right to be excused.
69-43Apr 10SCHOOLS.(1) County superintendent does not have to be a taxpayer; (2) Poll books not required in elections for county superintendent.
69-43July 23SHERIFFS.Commission for sale of more than one farm in a single partition suit.
71-43Jan 8PROBATE COURT.
FEES.
DENIAL OF LETTERS.
Probate Court may not charge fees for denial of letters in estates consisting wholly of social security funds and in which the assets are less than $400.00. Probate Court may charge fees to individuals in other estates for denial of letters.
71-43July 16Mr. Everett H. PittmanWITHDRAWN
72-43Jan 26COUNTY COURT.(1) County court only can purchase chemicals for use of courthouse and county farm; (2) County court cannot donate cash for repair on city streets; and, (3) County court should deduct five per cent Victory Tax from warrant drawn on county treasurer.
72-43Feb 20COUNTY TREASURER.
FEES AND SALARIES.
Not entitled to fees on school disbursement or levee district account.
72-43Apr 30CITIES, TOWNS AND VILLAGES.
BOARD OF PUBLIC WORKS.
Authority of board of public works subject to board of aldermen.
72-43July 9Hon. Thomas V. ProctorWITHDRAWN
72-43July 17TAXATION.The lien for taxes imposed on insurance on taxable property by the provisions of Section 11173 is applicable to the City of St. Louis and St. Louis County.
72-43Dec 27Hon. Charles A. PratherWITHDRAWN
73-43Mar 8ELECTIONS.
CONSTITUTIONAL CONVENTION.
Clerk shall notify judges of their selection to act at election of delegates to Constitutional Convention.
73-43Apr 6SHERIFF – BOND.County court liable for premium on surety bond when approved by county court.
73-43June 3Hon. W. Oliver RaschWITHDRAWN
74-43Jan 22SCHOOLS.Where pupils of a district not maintaining a high school attend high school in another district, under Sec. 10458, R. S. 1939, such district is legally obligated to pay tuition of such pupils even though they are orphans.
74-43Dec 17SCHOOLS.School Board may contract with the Superintendent of Schools for more than one year.
76-43Feb 9RECORDER OF DEEDS.
CIRCUIT CLERK.
Cannot charge for certified copies of papers, but may charge fifty cents for certificate.
76-43Mar 25ELECTIONS.The County Court may make any reasonable allowance to election Clerk for returning the poll books.
76-43May 1RECORDER OF DEED.Certificate of title must be produced, and fact of mortgage noted thereon be satisfied to satisfy mortgage on motor vehicle.
77-43Jan 11RECORDER OF DEEDS.Recorder of deeds cannot charge for duplicate certified copies of marriage licenses issued to a member of the Armed Forces.
77-43Apr 19MOTOR VEHICLES.Transfer of ownership by corporation to partnership requires purchase of new license plates.
78-43Feb 20SCHOOLS.School board cannot extend the number of hours of a school day beyond six.
78-43Feb 26SCHOOLS.Three questions as to validity of proceedings under Section 10631 R. S. Mo., 1939.
78-43July 12SCHOOLS.School district in order to qualify for central high school building aid must erect building on tract of not less than five (5) acres subject to approval of plans by State Superintendent of Schools.
78-43Aug 10SCHOOLS.A School Board, having option for apportionment of school aid under either of two statutes, required to continue under statute selected under the option plan.
78-43Oct 25SCHOOLS.What constitutes erection of building so as to entitle district to state aid.
78-43Nov 17SCHOOLS.Construing House Bill No. 494, which will become new Section 10454. The maximum constitutional levy for consolidated school districts not containing an incorporated town or village within boundaries is sixty-five cents on the hundred dollar valuation. Additional apportionment and as provided for in this section is to be made on attendance of pupils belonging to the district.
79-43Aug 2SCHOOLS.State Superintendent of Schools may authorize and approve state aid for special classes for physically and mentally handicapped children for less than the maximum amount allowed under the statutes.
79-43Aug 4INSURANCE.Approval of Articles of Incorporation of Jefferson Mutual Fire Insurance Company of St. Louis, amending its charter.
80-43May 15SCHOOLS.
COUNTY TEXTBOOK COMMISSION.
Vacancies filled by appointment by Governor.
80-43Dec 3LINCOLN UNIVERSITY.Powers and functions of Board of Curators with respect to operation and maintenance of institution.
81-43Mar 1COUNTY COURTS.
COUNTY BUDGET.
County court may designate an emergency bridge fund to Class 5 of the county budget and make transfers to provide available funds for aid to special road districts.
81-43Mar 23TAXATION.
COUNTY COLLECTOR.
Appointee holds until the successor qualifies. Penalties should not be charged when payment of taxes cannot be made.
81-43Mar 29JUVENILE DELINQUENTS.Section 9004, R. S. 1939 does not apply.
81-43Apr 28RECORDER OF DEEDS.Recorder has no authority to note upon the records a partial release of property contained in a mortgage.
81-43May 4TAXATION.Personal property in Missouri owned by soldier, who is nonresident of this State, and only here in compliance with military orders, is not taxable in Missouri.
81-43Sept 1ROADS AND BRIDGES.Moneys in contingent fund may be used for roads in common road districts.
81-43Sept 10TAXATION – COMPROMISE OF TAXES.County Court may compromise taxes and include penalties and interest in the compromise.
81-43Nov 26TAXATION.Church not required to pay taxes on property used for religious or charitable purposes where the property does not exceed one acre in area.
81-43Dec 15MARRIAGE.Under blood test law, person with negative laboratory report need not have physician’s certificate that he is free from syphilis; definition of “public health laboratory” as respects free tests.
82-43Mar 5SCHOOLS.
ELECTIONS.
Qualified voters must vote for County Superintendent in the district in which they reside.
82-43Mar 5COUNTY TREASURER AND COUNTY REPORTERS.Court reporter and not county treasurer preserves official notes of court reporter.
82-43Mar 29VOTER.
FOR RAISE OF SCHOOL LEVY.
Voter to qualify for voting to raise the annual school levy must have all of the general qualifications as to age and residence, and in addition, must be a resident taxpayer.
82-43June 2CRIMINAL COSTS.Upon felony conviction State should not pay defendant’s witness fees.
83-43Mar 1COMMISSIONER OF HEALTH.Not entitled to $10 per day as secretary, nor $10.00 per day as member of board in addition to his annual compensation of $5,000.00.
83-43Mar 4LIEUTENANT GOVERNOR.Compensation of President and President pro tempore of Senate, authority for paying, amount of, how paid, out of what funds and whether such officers are included in 75 employees allowed Senate.
83-43Mar 9COUNTY TREASURER.
OFFICERS.
BONDS.
County is liable for premium on surety bond where the officer elects to give surety bond and county court consents thereto.
83-43Mar 11MOTOR VEHICLES.Student operator need not obtain chauffeur’s license.
83-43May 6WITNESS.
FEES.
Witness in criminal case once subpoenaed shall attend case until discharged. In change of venue witness need not be resubpoenaed.
83-43May 12SCHOOLS.Board of directors of consolidated school districts have authority to sell property of an annexed school district.
83-43May 13FENCES – DIVISION.
CEMETERIES.
Division fences between cemeteries and lands owned by private individuals subject to statutes relating to division fences.
83-43May 14TAXATION.
COLLECTOR’S SETTLEMENT.
COUNTY COURT.
County Court’s procedure in making settlement with collector on delinquent lists.
83-43June 2OFFICERS.Sheriffs may serve civil and criminal process in military reservations.
83-43June 15Hon. Forrest SmithWITHDRAWN
83-43July 12ESCHEAT.State is entitled to possession of escheated property; no provision governing what agency of state has charge of such property.
83-43July 29OFFICERS.
LEGISLATORS.
Discussion of question of appointment of legislators to positions in state departments.
83-43Aug 16RECORDER.May not record statement that records of General Land Office show a patent has been issued.
83-43Aug 19LAWS.
COURTS, TERMS OF.
Effective date of under Sec. 36 of Art 4 of Constitution as amended. Effect of change of terms by legislative enactment (House Bill No. 509).
83-43Aug 25PROBATE JUDGES.Senate Bill No. 4 does not invalidly increase or decrease pay; how clerk is compensated; when monthly account may be made.
83-43Sept 14INCOME TAX.Members of the military of naval forces do not have to make income tax returns, nor pay income taxes – civil officer – not being a prisoner of war or detained by any foreign government liable.
83-43Sept 18STATE AUDITOR.
WARRANTS.
May not draw one warrant covering expenditure of three institutions from six different appropriations.
83-43Sept 24BURIAL SOCIETIES.Person regularly receiving and transmitting assessments to foreign burial association unlawfully acts as agent.
83-43Oct 25PROBATE JUDGES.Under House Committee Substitute for Senate Bill No. 4, Probate Judges may at any time collect excess fees above their salary after they have paid fees into the county treasury equal to the amount of their annual salary.
83-43Nov 1SCHOOLS.Free transportation of pupils in a consolidated School District may be determined – 1. When Board deems it advisable. 2. When approved, at election, by 2/3 voters who are taxpayers. Board’s discretion in formulating needful rules will prevail in either case. Non-resident pupils may be admitted to District and may be transported same as pupils within District.
83-43Dec 9STATE BOARD OF BARBER EXAMINERS.
LICENSE.
Answers to three questions regarding the revoking and reissuing of barbers’ licenses. Term “revoke” defined.
84-43Mar 8DEPOSITARIES.
COUNTY FUNDS.
Money deposited in depositary by county collector, as collector, is “Public Funds.”
84-43Apr 19COUNTY COURTS.Two questions on power of county court to make purchases for road equipment and road expenditures.
84-43Sept 4PROSECUTING ATTORNEY.To give advice to county officers regarding matters of law in which county is interested; but not his duty to advise and represent the various school boards of the county.
84-43Sept 16LABOR.Industrial Inspection statute will apply to dress shops, drug stores, plumbing establishments and cooperative associations, but not to shoe shops.
84-43Sept 16Mr. George A. SpencerWITHDRAWN
85-43Mar 29STATE BOARD OF HEALTH.
REGULATIONS.
Power to transfer venereal disease patients for quarantine in hospital in the State of Missouri.
85-43Apr 22HEALTH.Physicians, osteopaths, veterinarians and hospitals must secure state license to engage in occupations set out in Section 9834, R. S. Mo. 1939.
85-43July 13HEALTH, STATE BOARD OF.
OPERATION OF HOSPITAL.
State Board of Health may operate hospital for Federal Government when all funds are furnished by the Federal Government.
85-43July 15NURSES.Not unlawful for one person to represent to the public that another person is a registered or graduate nurse.
85-43July 29PHYSICIANS AND SURGEONS.
OBSTETRICS.
Who may practice in Missouri.
85-43Sept 13HEALTH REGULATION.Regulation to Commissioner of Health in regard to eggs.
85-43Oct 6STATE BOARD OF HEALTH.1) Present and Acting Board has no jurisdiction or authority to entertain a petition to reinstate license “Permanently revoked” by predecessor board. 2) “Revoke” as used in section 9990 R.S. Mo. 1939, means permanent revocation where no definite period of time is stated. 3) Revocation of license by predecessor board does not prevent a subsequent board from granting a license based on new application.
85-43Oct 11MOTOR VEHICLES LICENSES.
FEDERAL AGENCIES.
Motor vehicles of Defense Plant Corporation not subject to license fee. Motor vehicles leased or rented by Pratt-Whitney liable for tax. Fee for title chargeable against Defense Plant Corp. or Pratt & Whitney.
85-43Oct 14CITIES, FOURTH CLASS.May charge reasonable fee for use of sewers.
85-43Oct 28MOTOR VEHICLES.Construing H. B. 240 passed by 62nd General Assembly. Commissioner of Motor Vehicles shall register motor vehicles by gross weight, which includes vehicle and load. Fees for registration to be collected and accounted for by Commissioner and credit for 85% of such fees to be allowed by Public Service Comm. in applying for permit to haul persons or property for hire.
85-43Nov 19OFFICERS.(1) Prosecuting Attorney of the City of St. Louis has only jurisdiction concurrent with the St. Louis Court of Criminal Correction; (2) It is the duty of the Circuit Attorney of the City of St. Louis to enforce the provisions relative to the State Food and Drug laws.
87-43Feb 11Hon. W. W. SunderwirthWITHDRAWN
87-43Feb 16CONSTITUTION CONVENTION.Method of nominating delegates to the Constitutional Convention.
87-43Mar 25HOUSE BILL NO. 45.Does not include Osteopaths.
88-43Jan 16OFFICERS.
JUSTICE OF THE PEACE.
Justices of the peace may hold the office of deputy recorder of deeds at the same time.
88-43Jan 16ELECTIONS.
CONSTITUTIONAL CONVENTION.
Mode of conducting election of delegates to Constitutional Convention.
88-43Feb 5SALARIES AND FEES.
COUNTY ASSESSOR.
In counties of less than 100,000 the assessor is entitled to fees of $5,000.00, exclusive of deputy hire.
88-43Feb 26ROADS AND BRIDGES.Town board cannot vote by mail in eight-mile road district, when the city limits of the city is not situated more than ten miles from county seat.
88-43Mar 5COUNTY COLLECTOR.May not make daily reports and deposits with county treasurer unless authorized by statute.
88-43June 17COUNTY CLERK.
RECORDER OF DEEDS.
May not establish branch offices unless authorized by statute.
88-43Nov 8SHERIFF’S FEES.For summoning standing jury; for summoning special jury.
88-43Dec 16CIRCUIT CLERK.
COMPENSATION.
Not authorized to charge and retain fee for acting as custodian of funds paid into court.
89-43Jan 5ROADS AND BRIDGES.Township board cannot lease road machinery belonging to road district to be used outside of the road district in the township, under township organization.
89-43Feb 11CONSTITUTIONAL LAW.Amendments to legislative acts must conform to the original purpose of the act, under Art. IV, Sec. 25, Constitution of Missouri.
89-43Mar 23COUNTY COURTS.
ROAD BOND TAX FUNDS.
Court may issue warrants on funds anticipated from taxes authorized by a bond issue; constitutionality of Section 13763; special road districts may not expend any of such funds. Manner of determining the amount of anticipated revenue from such taxes.
89-43Apr 27Hon. D. D. Thomas, Jr.WITHDRAWN
89-43May 4SCHOOLS.Directors cannot invest surplus funds in United States Bonds.
89-43May 12OFFICERS.Salaries of elected officers of city operating under special charter may, by ordinance, be reduced.
89-43Nov 26COUNTY COURT.
BONDS.
Authority to settle or compromise for an amount less than sued for on surety bond.
90-43Mar 16LABOR.Construction of Section 5082, R. S. 1939, relative to the payment of discharged employees, and 5080 relative to the payment for discharge of employees.
90-43Mar 16LABOR.State statute regulating the hours of employment for women is superseded by the Railway Labor Act wherein it limits to interstate commerce.
90-43Mar 19LABOR DEPARTMENT.
STREET RAILROADS.
Section 10176, or Section 14810, R.S.Mo. 1939, pertaining to payment of employees, does not apply to street railroads.
90-43Mar 31EMPLOYMENT CONTRACT.
USURY.
Contract charging 60% for obtaining a job is not usury.
90-43Apr 20LABOR.(1) Municipally owned utility companies are subject to inspection by Labor Commissioners; (2) The prosecuting attorney of the county wherein the business establishment is located, shall enforce the provisions of Section 10180, R. S. 1939.
90-43June 11CHILDREN.
LABOR.
Provision in section takes precedence over the whole section.
90-43June 25HOURS OF LABOR.
FEMALE EMPLOYEES.
Female employee may not be employed more than nine hours in any one day or more than fifty-four hours during any one week.
90-43June 30LABOR.Construction and application of Section 10175, Missouri, R. S., 1939.
90-43Oct 19LABOR.
WOMEN.
Under Laws 1913, p. 400 females may not be employed in state for more than 9 hours a day or 54 hours a week.
90-43Nov 3LABOR.Section 7815, page 400, Laws of Missouri, 1913, prevents female employees from working full time under such Act at plant and then taking work out to be done at home.
90-43Dec 29EMPLOYMENT BUREAUS.The Department of Labor and Industrial Inspection has no discretion to refuse a license to applicant to operate an employment agency. Its duty to license is ministerial.
92-43June 25CRIMINAL LAW.Illinois licensee entitled to recognition under reciprocity.
93-43Aug 17OFFICERS.Surveyor may appoint deputy in counties with population between 20,000 and 50,000 inhabitants and such deputy may act as the deputy county highway engineer.
94-43Oct 11SHERIFFS.
CONTEMPT.
Sheriffs may be guilty of contempt of court in failing to transport prisoners within a reasonable period after their sentence.
95-43Mar 11TAXATION.
SALES TAX.
The fact that proceeds from a moving picture show are contributed to the Red Cross does not relieve the theatre from collecting the sales tax.
96-43July 12FEES OF CIRCUIT CLERKS.Clerk of Washington County entitled to $400.00 per annum for services rendered as clerk of juvenile court or clerk of juvenile division of circuit court.
96-43Sept 13CIRCUIT CLERKS.Not entitled to fee provided by Sec. 717, R. S. 1939; said section repealed by House Bill 177 passed by 59th General Assembly.
97-43Jan 16ROAD DISTRICTS.
ORGANIZATION.
PUBLICATIONS.
Publication of notices of filing of petition to form a special road district must comply with statute.
97-43Jan 16COUNTY COURTS.Under Section 13713, R. S. Mo. 1939, must repair county buildings out of insurance monies.
97-43Feb 6RECORDER OF DEEDS.
OFFICE SUPPLIES.
The Recorder of Deeds, subject to the provisions of the Budget Act, may purchase supplies necessary to keep and maintain his office.
97-43Apr 15CITY OF THE THIRD CLASS.Not authorized to invest “reserve fund” in United States Bonds.
97-43Apr 29POISONS.Record of sale of poisonous substances used in the arts or as insecticide, not necessary.
97-43Aug 23SPECIAL ROAD DISTRICTS.May spend one-fourth of their revenue on streets of cities located in such districts.
97-43Aug 24SHERIFF’S FEES.Services in connection with orders of State Board of Health in venereal disease control.
97-43Sept 10SPECIAL ROAD DISTRICTS.(1) Possession of records and books to be in the clerk of the board of commissioners; (2) Treasurer of special road district shall furnish a bond.
97-43Sept 17PHARMACY.Household remedies and drugs which may be sold in general stores.
97-43Oct 11COUNTY TEXTBOOK COMMISSION.Statute creating county school textbook commission imposes mandatory duty on county court to appoint members of the commission. This duty may be enforced by mandamus action.
97-43Oct 29DELINQUENT CHILDREN.1) Section 9703, R. S. Mo. 1939, construed concerning judge’s authority to tax costs. Against whom. 2) When costs are to be paid by the county Court pursuant to Sec. 9703, R.S.Mo. 1939, Circuit Clk. shall follow same procedure in the collection thereof as used in the collection of criminal costs.
98-43Dec 9PURCHASING AGENT.
PERMANENT SEAT OF GOVERNMENT.
Commissioner of Permanent Seat of Government has authority to hire labor to paint interior of State Capitol.
99-43Jan 22OFFICERS.
JUSTICE OF THE PEACE.
Failure to qualify authorizes predecessor to continue in office.
99-43Jan 23SHERIFF’S FEES.Not entitled to charge fee unless service is rendered.
99-43Feb 3MUNICIPAL CORPORATIONS.City of the third class liable for court costs, except in certain instances.
99-43Mar 6Hon A. L. WrightWITHDRAWN
99-43Mar 11ELECTIONS.Election clerks in the Constitutional Convention delegate election selected by the judges of such election.
99-43Apr 26GUARDIANS.Parents of minor children under fourteen years of age may waive their rights as natural guardians, and a guardian of the person and estates of such children may be appointed by the Probate Court.
99-43Apr 27PROSECUTING ATTORNEY.May maintain the office anywhere.
99-43May 7SHERIFFS.No fee unless expressly authorized by statute.
99-43Oct 6INSANE PERSONS.Two classes of patients, county and private. Private patient may not be supported by payment to county the amount it pays to State for support as county patient.
99-43Nov 16COUNTY COURTS.
POOL TABLE LICENSE.
County Court is not authorized to collect a license tax from a club where tables are used by members without charge.
100-43Aug 25SHERIFF’S FEES.Fees of Sheriff for commitment in cases where defendant is sentenced to Algoa.