1947 MISSOURI ATTORNEY GENERAL'S OPINIONS

Select year to view:   1940  |   1941  |   1942  |   1943  |   1944  |   1945  |   1946  |   1947  |   1948  |   1949


OpinionDateTopicSummary
1-47Jan 6COUNTY COURTS.
COUNTY CLERKS.
County clerk may not take acknowledgments of various types of conveyances of real estate but may take all oaths or affirmations as are required by law or that may be incident to the exercise of the powers and duties of his office or incident to the powers and proceedings of the county court in which he is clerk.
1-47Mar 24SCHOOLS.
SCHOOL DISTRICT DIRECTORS.
QUALIFICATIONS.
Annexation of portion of one school district to another; construction of requirement that director of school district be resident taxpayer of district.
1-47May 23SCHOOLS. When two school districts are annexed the subsisting school district is entitled to all moneys belonging to the annexed school districts.
1-47July 18Hon. George P. Adams WITHDRAWN
1-47Aug 23SPECIAL BENEFIT ASSESSMENT ROAD DISTRICT.
COUNTY COURT.
County court cannot compel commissioners of special benefit assessment road district to repair or maintain a particular road.
1-47Sept 16SHERIFF’S FEES. Authority of the sheriff to bill county court for expenses of guarding insane persons.
3-47Jan 21TAXATION.
SALES TAX.
Retail sales of tangible personal property to cost-plus-fixed-fee contractors for the Federal Government or its agencies are taxable under the Sales Tax Act.
3-47Jan 22MAGISTRATE COURT. County Court has authority to permit the Magistrate to use the Circuit Court room at such times as it is not in use by the Circuit Court.
3-47Feb 24RECORDER OF DEEDS. Three questions concerning fees for issuing verified copies of discharges in counties of the third class under House Bill No. 772.
3-47Mar 27COUNTY FARM ORGANIZATION.
COUNTY AGENT.
COUNTY COURT.
(1) Under Sec. 6, H.B. 112, 62nd G.A., Laws 1943, p. 319, it is mandatory that county farm agent’s office or headquarters be located at county seat. (2) Location of office at county seat consisting merely of a stenographer and continuation of bulk of agricultural agent’s work at a place other than county seat not compliance with requirements of said Sec. 6. (3) County court authorized to allot funds for county agent even though his office or headquarters not kept at county seat.
4-47Feb 18COUNTY.
SALARY.
CIRCUIT CLERKS.
Construing House Bill 893, passed by the 63rd General Assembly.
4-47June 5SCHOOL FUND DISTRIBUTION. County and Township school funds merged into one fund after liquidation.
4-47July 28RECORDER OF DEEDS. Fees collected by Recorder of Deeds of Jasper County for acknowledging affidavit on application for license to marry must be accounted for, as provided by House Bill No. 897, Laws of Missouri, 1945.
4-47Oct 21MAGISTRATE COURTS. Magistrate jurors selected by Board of Jury Commissioners in counties wherein petit jurors are selected by such Board of Jury Commissioners.
5-47Jan 24SCHOOL FUNDS, COUNTY & TOWNSHIP.
MAGISTRATE FUNDS.
When a small balance remains after reinvestment of township and county school funds, this balance to be carried on books until legislation provides for disposal. Magistrate fines distributed to schools of the county.
5-47July 16ELECTIONS.
BONDS.
TAXATION ROADS AND BRIDGES.
County may levy full amount permitted by Sec. 11(b), Art. X of Constitution for county purposes. County may call special election to make unlimited tax levy for bridge purposes, for not to exceed four years, by two-thirds vote at such election. County may become indebted and issue bonds up to 10% of assessed valuation of county inclusive of existing indebtedness for bridge purposes.
5-47Aug 11COURT REPORTERS.Allowed amount actually expended in maintaining privately owned automobile while traveling in exercise of official duties.
6-47Feb 18LOAN AND INVESTMENT CORPORATIONS—MANUFACTURING AND BUSINESS CORPORATIONS.A corporation organized under Art. VIII, Chap. 33, R.S. Mo. 1939, as a Loan and Investment Company may not by amendment of its Articles of Incorporation change the purposes of its incorporation to those of a manufacturing and business corporation.
9-47May 14COUNTY CLERK.
FEES.
COUNTY COLLECTOR.
DRAINAGE DISTRICT.
County clerk must charge statutory fee for oath and certificate to affidavit of county collector to the return of drainage tax books of circuit court drainage district.
9-47July 18RECORDER OF DEEDS. Recorder of Deeds can collect fees for listing names of veterans and issuing certified copies of discharges although no estimate was made in the budget.
10-47Jan 6CONTACT LENSES.
STATE BOARD OF OPTOMETRY.
One who examines the eye to determine whether contact lenses should be used to correct defects or abnormal conditions, or who takes an impression mold of the eyeball, or who fits a contact lens to the eye, must be an optometrist, possessing a certificate of registration from State Board of Optometry, or a physician or surgeon, licensed to practice in this state.
10-47Jan 11JURORS.
MAGISTRATE COURT.
Sheriff should summon jurors to serve in magistrate court from body of county, such jurors to have same qualifications as jurors chosen for regular petit jury, and to be paid as provided in Sec. 13419, R. S. Mo. 1939, from costs collected in cause in which jurors serve.
10-47Jan 22SCHOOL FUND.
CONSERVATION.
Fines for violation of the Criminal Laws, including the violation of the Fish and Game or Conservation Laws and Regulations, should be paid to the county school fund; the magistrate is not under a duty of forwarding the same to the Department of Revenue; the same does not go to the credit of the Conservation Commission.
10-47July 9PROBATE JUDGES.Under the provisions of Article 2, Chapter 51, R. S. Mo. 1939, a “finding” must be made before the Probate Court can make an order.
10-47Nov 5BOARD OF OPTOMETRY. Empowered under Section 47, Laws of Mo., 1945, page 1445, to change their fiscal year to begin on July 1.
10-47Dec 22TAXATION.
TAX SALE.
Amount bid upon and paid for land that does not exist, at delinquent tax sale, may be repaid, with interest, to the purchaser by the county court.
11-47July 11Hon. Llyn BradfordWITHDRAWN
11-47Oct 23OFFICERS.
MUNICIPALITIES.
City officials do not violate Section 4483, R.S. 1939, by leasing land to the University of Missouri, for experimental purposes, for a nominal consideration.
12-47Feb 4ROADS AND BRIDGES.
TAXATION.
ELECTION.
Taxes levied for road and bridges purposes, authorized by first sentence of Section 12 (a), Article X of the Constitution are distributed four-fifths to the special road district from which the tax arose, and one-fifth to the county. Taxes levied under the second sentence of said section are all placed to the credit of the road district authorizing the levy. Elections authorizing the levy of not more than 35¢ additional road tax may be held on the day of a general or special election, provided the election is held within 20 days from the filing of the petition for the election.
12-47Feb 11OFFICERS.
SALARIES AND FEES.
Sheriff cannot be paid mileage for travel beyond the State for the purpose of returning a prisoner who has waived extradition.
12-47Mar 24Hon. Herbert S. Brown WITHDRAWN
12-47Apr 1TAXATION.
CONSTITUTIONAL LAW.
Levy of a tax for purpose of county library fund in addition to tax levy as limited by Sec. 11(b) of Art. X of the Const. Such levy will not prevent county court from increasing tax levy for county purposes within limit set by Sec. 11(b) of Art. X of Const. Only limitation is that tax shall not be levied in one year which will produce mathematically more than 10% in excess of taxes of previous year.
12-47Apr 4CORPORATIONS. A corporation doing business in this State may not transact its corporate business in this State under any other name than its corporate name.
12-47June 10COUNTY COURTS.Correality between county court and county highway engineer in administering road laws.
12-47June 12RECORDER OF DEEDS. Not required to record notice of levy on execution under Section 1343, R.S. Mo. 1939, until paid the recording fee therefor. Section 10975, R.S. Mo. 1939, was repealed by House Bill No. 469, Missouri Laws of 1945. Consequently, recorder not required to maintain “mortgage list” as required by said Section 10975.
12-47Oct 22MOTOR VEHICLES.Trucks which farmers use to transport agricultural products, livestock, or supplies to or from a farm or farms which are designed or regularly used for carrying freight and merchandise are “local commercial motor vehicles” and must contain the information on the vehicles, as required by Section 8369, Mo. R.S.A.
12-47Nov 10PAROLE.Parole authorities have power to parole convict where punishment imposed and affirmed by Supreme Court is a fine and jail sentence.
13-47Jan 21BOARD OF PROBATION AND PAROLE.When requested by the Board of Training Schools, the Board of Probation and Parole or the parole officer of said Board has authority to cause arrest of persons on parole.
13-47Feb 4PAROLE.
RULES OF PENITENTIARY.
Parolee not allowed time while on parole as against Prison Term; Prison authorities cannot make rules to defeat the three-fourths statute.
13-47Feb 5ORDER OF PAROLE.Order of Parole form meets requirements of Section 8992.39, Laws 1945, p. _____, S.C.S.S.B. No. 347, Sec. 39.
13-47Apr 7LIQUOR CONTROL. The bond required by Section 4960, Laws of 1945, is an indemnity bond and not a forfeiture bond.
13-47May 24PROBATE COURTS.
SOCIAL SECURITY.
GUARDIANSHIP PROCEEDINGS.
INSANITY.
Section 9417, Mo.R.S.A., applicable to all expenses incurred in proceedings to declare person of unsound mind and to appoint guardian.
13-47June 17INTOXICANTS.Under Section 4890 R.S. Mo. 1939, territories cannot be annexed or added to another one, in order to be taken outside the scope of said section.
13-47Aug 28INTOXICATING BEVERAGE.
LIQUORS.
Proper to place inscription of alcoholic content of nonintoxicating beer on neck label of bottle.
13-47Sept 15CIRCUIT CLERK.
COUNTY COURT.
BUDGET LAW.
When circuit judge of third class county has approved appointment of deputies and assistants to circuit clerk, and set salaries, county must pay such salaries, even though not anticipated in county budget. Salaries to be paid out of class 6 of county budget.
17-47Mar 27COUNTY COURT. It is within the discretion of the county court to pay a wolf bounty up to but not exceeding ten dollars.
17-47Apr 30MAGISTRATE COURTS.
AUTOMOBILES.
Magistrate Courts have no authority to suspend or revoke license on misdemeanor conviction.
17-47Nov 1COUNTY ASSESSORS.Section 15 provides that the record owner of real property must be notified when the assessor increases the valuation of the property.
17-47Dec 4REAL ESTATE BROKERS. A person who is not engaged in the real estate business, who does not advertise or hold himself out as a real estate broker, and who, in a single transaction obtains a buyer of real estate for another for a promised compensation, is not a real estate broker within the meaning of the Missouri Real Estate Commission Act.
18-47Jan 13TAXATION AND REVENUE. Sec. 8527 of H.C.S.H.B. 784 of 63rd General Assembly held constitutional in so far as it directs return of portion of road and bridge tax to special road districts.
18-47Feb 13ELECTIONS. County hospital.
18-47June 24MANUFACTURER’S LICENSE.
MERCHANT’S LICENSE.
A person who quarries and crushes stone and sells same is a merchant and not a manufacturer. A person who makes cheese is a manufacturer.
18-47July 15TAXATION.
COUNTY COURT.
COUNTY BUDGET.
County court has not authority to change the valuation of property returned by assessor. County court may apportion class for demands of the budget if there is not sufficient revenue to pay all such demands.
18-47Oct 9MAGISTRATES.No fees accrued to magistrate court when judge thereof grants temporary injunction. No record made in magistrate court of such proceeding.
18-47Oct 13SPECIAL ROAD DISTRICTS.
TOWNSHIP ORGANIZATION.
Special road district formed in county not under township organization under provisions of Arts. 10 or 11, Chap. 46, R.S.A., is not automatically dissolved when county votes in township organization, but such road district is not entitled to any part of taxes received by county or township under provisions of Sec. 8527, Laws 1945, p. 1478, or Sec. 8820, H.B. 42, 64th General Assembly.
18-47Nov 13PROBATE COURT.
INDIGENT INSANE.
COUNTY BUDGET.
County is liable for fees accruing in Probate Court in indigent insane hearings. Such fees, when not included in county budget, should be paid out of class 5 or class 6 of such budget.
18-47Dec 16CRIMINAL LAW.
PROSECUTING ATTORNEYS.
Construing Section 4420, H. B. 117, passed by the 64th General Assembly relative to failure to support minor children.
19-47Feb 18ROADS & BRIDGES.
SPECIAL ROAD DISTRICTS.
Territory of extended special road districts must be included in an area twelve miles square.
19-47Mar 25CONSERVATION COMMISSION.
MOTOR VEHICLES.
Construing House Bill No. 317, known as the Motor Vehicle Safety Responsibility Act, passed by the 63rd General Assembly, as it applies to employees of the Conservation Commission.
19-47Apr 18CONSERVATION COMMISSION.
FOREST CROP LAND.
Land classified as Forest Crop Land for 25 years under House Bill No. 1006, passed by the 63rd General Assembly, will automatically be removed from such classification thereafter.
19-47Apr 28DEPARTMENT OF BUSINESS AND ADMINISTRATION.Effect and meaning of Senate Bill No. 348 passed by the 63rd General Assembly on the duties and liability of the Department of Business and Administration, and the duties and responsibility of his subordinates.
19-47Apr 29DEPARTMENT OF BUSINESS AND ADMINISTRATION. Duties of Director of the Department of Business and Administration in making consolidated report to the Legislature and to the Governor of the activities of the divisions in his Department under sub-section (f) of section 4 of Senate Bill No. 348.
19-47June 4Mr. Con Cosetllo WITHDRAWN
19-47Sept 30SEMINARY FUND.
SCHOOLS.
STATE TREASURER.
Investment of Seminary Fund is under exclusive control of Board of Curators. State Treasurer liable on bond only if investment is not legal.
19-47Oct 16BARBER BOARDS. The State Board of Barber Examiners is not empowered to require of apprentices or students qualifications additional to those in Section 10134, R.S. Mo. 1939.
20-47Mar 28TAXATION AND REVENUE.Counties may, by a two-third vote, levy a tax above constitutional limit for health purposes.
20-47May 19SHERIFFS.Sheriff has the custody, rule, keeping and charge of the county jail. In counties of the third class, the sheriff recovers from the county court for board furnished city prisoners.
22-47Apr 19MEMORIAL AIR PORTS. Under House Bill 192 city receiving allotment of less than $10,000 may at a latter date receive further allotment which will make up the full $10,000 limit.
22-47May 27AIRPORTS.
SURPLUS GOVERNMENT PROPERTY.
Statutes constitute waiver of State’s prior claim to surplus government airports.
22-47June 5DIVISION OF RESOURCES AND DEVELOPMENT.
AVIATION.
SCHOOLS.
Division of Resources and Development not authorized under subsection (g) of Section 15393.7, Mo. R.S.A., to inspect flying schools for the Department of Education.
22-47June 17DIVISION OF RESOURCES AND DEVELOPMENT.
CIVIL AIR REGULATIONS.
COURTS.
Federal Government cannot confer on state agencies and courts power to enforce civil air regulations.
22-47Aug 1AVIATION. Division of Resources and Development not authorized under Sections 15393.1 to 15393.14, Mo. R.S.A., to represent the State in feeder airline application hearings.
23-47Jan 7AGRICULTURE.
COMMERCIAL FEEDING-STUFFS.
“Sun-cured Alfalfa Meal” and “Dehydrated Alfalfa Meal” are commercial feeding-stuffs, as defined in Section 14319, R. S. Mo. 1939, and require registration and payment of tonnage inspection fees, as required by Section 14326, R.S. Mo. 1939.
23-47June 2SCHOOLS. When premiums on policies of insurance on buildings on Central Missouri State Teachers College are paid out of the earnings fund reappropriated to the college, insurance money therefrom is to be turned into the state treasury.
23-47June 3SCHOOLS.
TAXATION.
Property owned by state college exempt from taxation.
24-47Jan 23PROBATE AND MAGISTRATE COURTS. Bonds of Magistrate and Probate Judges and clerks; necessary to furnish bond for each office held, except Magistrate Judge.
24-47Jan 31TAXATION AND REVENUE. Real property held by Trustees of Jacob L. Babler Trust for income producing purposes is not exempt from taxation.
24-47Feb 14SCHOOL.
PUBLIC SCHOOL.
RETIREMENT FUND.
Mandatory retirement at age 70 not effective during duration of World War II which will not terminate until treaties of peace or until other proper governmental action.
24-47Aug 25PUBLIC SCHOOL RETIREMENT ACT.Teachers in state training schools and school at Mt. Vernon not included.
24-47Sept 11COUNTY COURTS. After county court has given assent to electric company to erect poles, etc., through, on, under or across the public roads or highways of the county, and electric company has started construction of electric line and installed poles, etc., county court cannot revoke such order of assent.
24-47Dec 6TAXATION.
CITIES.
Taxes on property cannot be levied to pay principal and interest on revenue bonds issued by city for construction and operation of public utility.
24-47Dec 18SHERIFF’S.
CITIES.
Counties liable for Sheriff’s costs in returning paroled inmates to State Hospitals. Cases appealed from Police Court of Cities of 4th Class do not become criminal cases.
25-47Mar 31CRIMINAL LAW ARRESTS. Sheriffs have authority to hold person under arrest without formal charge for a period not to exceed twenty hours; applies to misdemeanors as well as felonies; sheriffs have reasonable time to take persons arrested before magistrate.
25-47July 23Hon. Ralph H. Duggins WITHDRAWN
26-47Jan 16MAGISTRATES.If one person holds both the offices of clerk of the probate court and clerk of the magistrate court he must file two bonds as required by Senate Bill 200 and Senate Bill 207 of the 63rd General Assembly.
26-47Jan 23PROSECUTING ATTORNEY.
NEPOTISM.
Prosecuting attorneys may be reimbursed for necessary and indispensable expenditure for stenographic services. No objection to county judges being related.
26-47Jan 31Board of Election Commissioners WITHDRAWN
26-47Feb 11MOTOR VEHICLES. Expiration date of Missouri drivers’ licenses issued between July 1, 1946, and June 30, 1947.
26-47Feb 17Hon. Walter A. EggersWITHDRAWN
26-47Oct 1MAGISTRATE COURTS.
PROBATE COURTS.
In counties of less than 30,000 inhabitants special probate judge and ex officio magistrate appointed or elected under Sections 2458 through 2462, R.S.Mo. 1939. Same compensation as regular judge to be paid from magistrate fund. Special probate judge in counties of more than 30,000 inhabitants entitled to same compensation as regular judge, to be paid by county.
26-47Oct 18SCHOOLS.
OFFICERS.
One person cannot hold at the same time the office of secretary and treasurer of a consolidated or town school district.
26-47Nov 7MAGISTRATE COURTS.Magistrate clerks can issue warrants and set the amount of and approve bonds in criminal cases.
26-47Dec 9TAXATION.
ASSESSMENT.
Assessment of taxes by cities may not be in excess of the valuation fixed for state and county purposes.
27-47Jan 3SHERIFFS.Sheriff is entitled to $300 per day for attending circuit, probate and magistrate courts if his attendance has been requested by the judges of said courts.
27-47Jan 31TAXATION AND REVENUE.Liability of corporation for Missouri franchise tax in year subsequent to filing of articles of dissolution.
27-47July 25TOWNSHIPS.
ROADS AND BRIDGES.
ROAD DISTRICTS.
ELECTIONS.
TAXATION.
Question of whether or not election held under provisions of Section 8529, Laws of Mo. 1945, authorized imposition of tax voted, depends on question of whether or not townships were formed into “general road districts” by the township boards.
27-47Nov 19TAXATION.Tangible personal property owned by Reconstruction Finance Corporation is not subject to taxation.
27-47Dec 18TAXATION.
FRANCHISE TAX.
RAILROADS.
All property and assets of a railroad corporation should be taken into account in calculating franchise tax.
27-47Dec 23Hon. Clarence EvansWITHDRAWN
27-47Dec 30MAGISTRATE COURT.
CRIMINAL COSTS.
Where fine and costs are immediately tendered upon plea of guilty or conviction, same should be received by the sheriff for distribution.
29-47Feb 18COUNTY LIBRARY.County library board has sole right to determine qualifications, pay and number of county library employees.
31-47Jan 10TAXATION AND REVENUE.
AGRICULTURAL AND MECHANICAL SOCIETIES.
Real property owned by agricultural and mechanical societies not exempt from taxation when not used exclusively for purposes set out in Section 14170, R. S. Mo. 1939.
31-47Jan 20MAGISTRATES.
JUSTICES OF THE PEACE.
Magistrates and justices of the peace in counties with township organization have concurrent jurisdiction in preliminary examinations for felony cases and in misdemeanor cases.
31-47Jan 23TOWNSHIPS.
ELECTIONS.
Election held in Livingston County in November, 1946, on question of continuing or discontinuing township organization was void since the petition for submission of question of continuing or discontinuing township organization was filed less than 60 days before date of such election.
31-47Mar 24ELECTIONS.
TAXATION.
A petition presented to county court under provisions of Sec. 14185, Laws of 1943, p. 317, before county court has set tax levy for county purposes, is of no effect, and county court has no authority to call such election. If county court does levy the constitutional limit for county purposes, no election can be held and no levy can be made under the provisions of Sec. 14185, Laws of 1943, p. 317.
31-47Mar 27Mr. W. C. Frank WITHDRAWN
31-47June 12AUDITS. State auditor is not required to audit or formulate bookkeeping systems for the office of the sheriff of the City of St. Louis.
31-47July 1COUNTY COURT.
LIQUOR.
REVENUE.
Fees derived from license charges, under Liquor Control Act, must be placed in the general revenue.
31-47Sept 8ELECTIONS.
LIQUIDATED COUNTY SCHOOL FUNDS.
County court can consolidate two or more election precincts in the county regardless of township boundaries.
31-47Oct 28TOWNSHIP COLLECTORS. Township collectors are not required to turn over tax books until after their final settlement with the county court.
32-47Sept 11MAGISTRATES.If reason for change of venue is bias and prejudice of inhabitants of a county, venue must be awarded to magistrate in adjoining county. Magistrate has no authority to require proof of such bias and prejudice.
33-47Feb 20Mr. Spencer H. GivensWITHDRAWN
33-47Mar 26Hon. D. W. GilmoreWITHDRAWN
33-47Apr 23LABOR.
WORKMEN’S COMPENSATION.
The Division of Workmen’s Compensation has the power to appoint an assistant or deputy to the Director to whom the latter may delegate the authority to perform the ministerial acts of his office.
33-47June 25POLICE RETIREMENT SYSTEM.
STATUTES.
Section 8, subsection (1), paragraph (a) of House Bill 307, not retroactive in its operation.
33-47July 10COUNTY COURTS.
COUNTY FUNDS.
Moneys placed in wrong funds may be withdrawn and correctly credited to proper fund by a nunc pro tunc judgment of County Court.
33-47July 23TAXATION.
ASSESSOR.
No provision for compensating assessor nor picking up real estate transfers in recorder’s office and transferring them to plat books in his office.
33-47Aug 23WORKMEN’S COMPENSATION. Dissolution of insurer is not of itself such a default of insurer as to render employer primarily liable to injured employee, his dependents or other persons entitled to rights thereunder.
33-47Sept 6MAGISTRATES.Three questions regarding abstracting and indexing unsatisfied judgments appearing in records of justice of the peace.
33-47Sept 26WORKMEN’S COMPENSATION DIVISION. Relating to tax moneys collected from insurance carriers and the transferal of the Division fund to the credit of the ordinary revenue fund of the state.
33-47Oct 23FISH AND GAME.
CRIMINAL LAW.
Construction of Section 20, Wildlife and Forestry Code, page 664, Laws of Missouri, 1945.
33-47Nov 17FARMERS’ FIRE AND LIGHTNING INS. COS.Farmers’ mutual fire and lightning insurance companies may not write policies against loss of personal property by theft.
35-47Jan 24FUNCTIONS OF BOARDS OF EDUCATION. Powers and duties of the Board of Education of consolidated school districts after organization of new district, and powers of board of directors of old district which form part of the consolidated district.
35-47Oct 29ESTATE TAX.Intangible personal property estate of nonresident subject to Missouri estate tax.
37-47Apr 9SCHOOLS.
SCHOOL ELECTIONS.
School election where a majority of voters favored annexation not held invalid because order of board of school directors calling election not set out in minutes.
37-47June 14PROSECUTING ATTORNEYS.
SCHOOL DISTRICTS.
School district may employ attorney. Prosecuting Attorney may defend school district in civil actions, in his private capacity.
37-47July 10Hon. Lane HarlanWITHDRAWN
37-47July 10TAXATION.
CONSTITUTION.
CITIES.
Under Section 6, Article X, Constitution of Missouri, 1945, property of the City of Sedalia, Missouri, is exempt from taxation.
37-47Nov 3CHIROPODY.One who is not licensed to practice chiropody who advertises and holds himself out as a “Cuneiform Specialist” violates the provisions of Section 9800 R.S.Mo. 1939.
37-47Dec 3SCHOOLS.Compensation of county superintendent for preparing budgets is part of his annual salary for the purpose of calculating his expense account.
38-47May 16COMMON SCHOOL DISTRICTS. Power to sell school property vested in voters of district at annual school meeting.
39-47Jan 17MAGISTRATE COURTS. Magistrates may hold court in towns other than the county seat but are not entitled to travel expenses; the clerk of the magistrate court should be present while court is in session.
39-47Aug 13SALARIES.
FEES.
SHERIFFS.
Sheriffs not entitled to fee for arrests made by highway patrol; may collect fee for trial or confession, but must turn same into revenue fund.
39-47Aug 19WORKMEN’S COMPENSATION. Division may make an order commuting compensation. Such order is reviewable by Commission. Commission or Division may order inspection of employer’s premises, subject to limitations. Such order, if made by Division, is subject to review by the Commission.
39-47Aug 23COUNTY ASSESSORS.
COMPENSATION.
County assessors in second class counties not entitled to additional compensation for acting as member of the county board of equalization.
40-47Mar 11NEPOTISM. Appointment of deputy whose great-grandfather was also sheriff’s great-grandfather and whose grandfather was brother of sheriff’s grandfather, not in violation of nepotism provision.
40-47May 8SCHOOLS. In order to qualify under Section 10420, R.S. Mo. 1939, a school director elected must be a taxpayer, who shall have paid a state and county tax within one year next preceding his election.
40-47May 22TAXATION.
COUNTY LIBRARY.
ELECTION.
Majority vote only is necessary for establishment of county library under provisions of Sec. 14767, R.S. Mo. 1939. Senate Bill 370, 63rd General Assembly, is authorization for levy of library tax in addition to constitutional limit and does not require two-thirds vote.
40-47June 28ELECTIONS.
TAXATION.
ROADS AND BRIDGES.
Under the provisions of Sec. 8529, Laws of 1945, page 1480, the county court may designate the places of voting for the tax increase in a general or special road district authorized by the first paragraph of Sec. 12, Art. X of the Const.
41-47June 11TAXATION AND REVENUE.Missouri Power & Light Company not liable for Missouri income tax upon refunds ordered paid to consumers.
41-47Aug 5Mr. J. W. Hobbs WITHDRAWN
41-47Sept 17REAL ESTATE COMMISSION. No license required for person merely soliciting the listing of real estate.
41-47Oct 30REAL ESTATE COMMISSION.Section 14 includes misdemeanors as well as felonies. A judgment upon an insufficient information is not a conviction within the meaning of Section 14.
41-47Nov 6MISSOURI REAL ESTATE COMMISSION.
LICENSES.
A previous conviction of arson does not disqualify one from obtaining a broker’s license or a real estate salesman’s license.
42-47Mar 4EXCESS FEES.
PROBATE JUDGES.
Disposition of excess fees earned by probate judges prior to January 1, 1947.
42-47Apr 18SAVINGS & LOAN ASSOCIATIONS.Savings & Loan Associations under Sections 2, 42 and 47 of House Bill #481 may enact and enforce a by-law to retain as a withdrawal fee a reasonable sum, perhaps to the extent of 50% of the dividends earned, where an account is withdrawn within one year after the investment thereof, and after the enactment of such by-law.
42-47May 15PUBLIC PRINTING AND BINDING.Definition of phrase “public printing and binding” as used in State Purchasing Agent Act.
42-47July 1SAVINGS AND LOAN ASSOCIATIONS.Three questions regarding rights of supervisor.
42-47July 11TOWNSHIP BOARDS.
ROADS AND BRIDGES.
When a special road district is formed under Art. 18, Chap. 46, R.S.A., twp. bd. of trustees must deliver to commrs. of spec. rd. dist. all tools and machinery to which dist. is entitled. Commrs. of spec. rd. dist. and twp. bd. of trustees cannot contract for redelivery of road tools and machinery. Commrs. of spec. rd. dist. and twp. bd. cannot make contract providing twp. will do road work in spec. rd. dis. for consideration of taxes due spec. rd. dist. under township levy.
42-47July 23INCREASING SALARIES OF PUBLIC OFFICERS. Salaries of public officers may be increased under the Constitution during the terms of such officers where additional duties are added to their regular duties.
42-47July 24APPROPRIATIONS.Availability of current appropriation to pay claims for refunds of motor vehicle fuel tax accruing during previous fiscal year.
42-47July 28LAWS.
CONSTITUTIONAL LAW.
Senate Bill 159 effective September 10, 1947; Said bill and Senate Bill 176 are constitutional.
42-47Aug 2INCREASING SALARIES OF PUBLIC APPOINTIVE OFFICERS. Salaries of public officials who are appointed and who have no fixed terms of office may be increased during their official periods of appointment.
42-47Aug 14STATE GEOLOGISTS.
PUBLIC OFFICERS.
Compensation of state geologist cannot be increased during present term of office. That of his chief assistant may be increased not to exceed $5,000.00.
42-47Aug 16COMMISSIONER OF AGRICULTURE.Under provisions of Senate Bill No. 10 of the 64th General Assembly, after September 10, 1947, Commissioner of Agriculture will have no “term of office” and salary provided for in Senate Bill No. 10 will be paid to Commissioner of Agriculture.
42-47Nov 26PENITENTIARY.
INTERMEDIATE REFORMATORY.
Transactions between the penitentiary and the Intermediate Reformatory may be handled on a system of debits and credits.
42-47Dec 11REFUNDS FROM STATE TREASURY. Section 9.061 of House Bill No. 445 of the 64th General Assembly held void.
42-47Dec 15ESCHEATS. Section 9.100 of H.B. 445 is ineffective. Court order necessary to obtain money in Escheats Fund.
42-47Dec 17APPROPRIATIONS.Appropriation available for six months after expiration of period for which made to pay obligations lawfully incurred during said period.
43-47Jan 10Mr. W. R. J. HughesWITHDRAWN
43-47Mar 24COMPENSATION OF COUNTY COLLECTORS IN COUNTIES OF THE SECOND CLASS.County collector may not retain any compensation for his services other than the annual salary of $5,000.00.
43-47Apr 16CONSERVATION COMMISSION.
CRIMINAL LAW.
MISDEMEANOR.
A misdemeanor cannot be prosecuted in a magistrate court prior to the filing of an information by the prosecuting attorney.
44-47Apr 30Hon. David E. Impey WITHDRAWN
44-47May 27SHERIFFS IN THIRD CLASS COUNTIES.Sheriff may not retain an arrest fee or mileage for apprehending a person in Missouri who is charged with a felony in another state.
44-47Aug 14COUNTY BOARD OF EQUALIZATION.
COUNTY JUDGES.
COUNTY CLERK.
COUNTY SURVEYOR.
COUNTY SHERIFF.
County judges, county clerk, county surveyor and sheriff in third class counties may receive compensation as members of County Board of Equalization.
44-47Sept 11EMPLOYMENT BUREAUS.The Baby Sitters Service, an organization furnishing sitters for its members, is subject to the provisions of Section 10131, R.S. Mo. 1939.
45-47Jan 9SALES TAX.
DIRECTOR OF REVENUE.
Director of Revenue authorized to look to records of one unit in order to compute a tax under another unit.
45-47Jan 20Dr. R. M. James, M. D. WITHDRAWN
45-47Jan 23 Opinion Letter to the Hon. Owen G. Jackson
45-47Mar 11FOREIGN INSURANCE CORPORATIONS—INVESTING FUNDS IN REAL ESTATE.Neither foreign insurance corporations nor domestic insurance corporations under Sec. 5, Art. XI of our Constitution are authorized or empowered to invest their capital or funds, of any description, in real estate in this State, as an investment, but may only hold real estate for such purposes and for such time as are provided in said Sec. 5, Art. XI of the present Constitution of this State.
45-47Mar 20INSURANCE COMPANIES—PREMIUM TAXES—DEDUCTIONS. Under Senate Bill #98 insurance companies may take deductions for the whole preceding year in computing the amount of privilege or license tax they are required by Secs. 6098a and 6098b to pay for the privilege of doing business in this State during the ensuing year. Returns prepared by the Insurance Department for the use of companies in such computation should provide for deductions to be taken for the whole of the preceding year to the year in which such privilege tax must be paid.
45-47Mar 29INSURANCE. Charter amendment of Business Men’s Assurance Company of America.
45-47Apr 22INSURANCE. Amendment of Articles of Inc. of the American Central Insurance Company.
45-47Apr 22INSURANCE.Amendment of Articles of Ass’n of the Kansas City Fire and Marine Ins. Company.
45-47May 2COUNTY COLLECTOR.
PUBLIC OFFICER.
Under Section 11068, R.S. Mo. 1939, County Collector not in default may also hold the office as member of Board of Directors of said School District.
45-47June 19TAXATION.
SALES TAX.
Cost-plus-contractors who pay a sales tax on materials which they use in such contracts may bill the firm with which they are contracting for reimbursement of the amount of such tax and such contractors would not be required to remit the amount of such reimbursement to the State Collector of Revenue.
45-47July 9INCORPORATION BY PRO FORMA DECREE. An organization by an association of persons under a mutual benefit proposal, where its Articles of Association and By-Laws show the proposed corporation would be making a profit for some of the members at the expense of other members, in insurance. Such association may not be incorporated under Section 5437, Article 10, Chapter 33, R.S.Mo. 1939, under a pro forma decree.
45-47Aug 8 Opinion Letter to the Hon. Owen G. Jackson
45-47Sept 3 Opinion Letter to the Hon. Owen G. Jackson
45-47Sept 3 Opinion Letter to the Hon. Owen G. Jackson
45-47Sept 16MOTOR VEHICLE SAFETY RESPONSIBILITY ACT.Taxicabs licensed and operating in municipalities as common carriers which are not regulated by ordinances, are subject to the provisions of the Motor Vehicle Safety Responsibility Act.
45-47Sept 26Mr. W. O. JacksonWITHDRAWN
45-47Oct 7 Opinion Letter to the Hon. Owen G. Jackson
45-47Nov 18DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
DIVISION OF HEALTH.
The Division of Health does not have the power to operate a general hospital without legislative authority.
45-47Nov 19INSURANCE.Payment of claims, Insurance and Emergency Fund; Reserve fund, annual statement – stipulated premium company.
46-47Jan 15TAXATION.
COUNTY COLLECTOR.
Acceptance of tender of undisputed taxes on Railway property will in no way affect right to enforce collection of taxes, the validity or constitutionality of which is denied by the Railway. Nonacceptance of tender of part of taxes on Railway’s property will result in penalties attaching to entire amount of taxes due if any one or more of disputed levies are held valid, but penalties will not attach to the entire amount of taxes if all of disputed tax levies are held invalid.
46-47Feb 7Hon. Roy A. Jones WITHDRAWN
46-47May 2COUNTY SCHOOL FUND.
LIQUIDATION AND DISTRIBUTION.
If the proposal to distribute the county school funds is approved, such distribution shall be made as soon as practicable or within a reasonable time.
46-47May 15TAXATION.
EXEMPTION.
Real estate belonging to non-profit organizations is not exempt from taxation.
46-47Aug 27COUNTY HIGHWAY ENGINEER. The duly elected or appointed surveyor of Henry County is ex officio county highway engineer until January 1, 1949. County court is vested with the power to employ road and bridge foremen and other employees; highway engineer selects his assistants, subject to approval by the county court.
46-47Sept 5TAXATION.Taxes levied and assessed against land while under private ownership, and which is subsequently transferred to a state college, cannot be collected against said college while land is used and occupied for the purpose of the organization. The transferor does remain liable for such taxes, and his personal property may be levied on for the amount due.
46-47Oct 30NEWSPAPERS.A newspaper which suspended publication during the war because of the owner being inducted into the armed forces may be reinstated within one year after hostilities have ceased with all benefits theretofore held in the matter of publishing legal notices.
47-47Sept 3MAGISTRATE COURT.
SHERIFF.
FEES.
In re: Three questions on sheriff, jury and witness fees in magistrate court.
48-47Jan 24PUBLIC WELFARE.
SUPERINTENDENT.
Appointment by County Court in counties of the third and fourth class.
49-47Nov 7ASSESSORS.
TOWNSHIP ORGANIZATION.
COUNTIES.
Township assessors take office on the first day of September following election.
50-47Mar 14RECORDERS.
MORTGAGES.
Recorder of Deeds of St. Louis City has not authority to release deed of trust which secures notes not mentioned in the deed of trust.
50-47Nov 21MARRIAGE.
RECORDER OF DEEDS.
Marriage between aunt and nephew of half blood valid. Documents relating to corporations can be recorded by making photostatic copies thereof.
51-47Jan 25PROBATE JUDGE.
FEES.
RECORDER OF DEEDS.
County Court of Boone County cannot make allowance to Probate Court of more than $1800.00 per year for clerks, assistants and stenographers. Recorder of Deeds of Boone County, whose term expired January, 1947, is liable to county for fees received by him in 1945 and 1946 in excess of $4000.00 plus payments to necessary deputies and assistants for each year.
51-47Aug 5MAGISTRATES.Magistrate to act in temporary absence of police judge, but not entitled to additional compensation.
51-47Oct 23LOTTERIES.Prize awarded by chance to holder of coupon given with purchase of merchandise.
53-47Jan 10Hon. Clinton LindleyWITHDRAWN
53-47Apr 24ELECTIONS. Failure to hold township elections on the date as provided by statute does not permit the holding of an election on a subsequent date not provided by law. The present incumbent officers continue to hold office and discharge their duties thereunder until their successors are duly elected or appointed and qualified.
54-47Apr 17MOTOR VEHICLES.Reciprocity existing between the States of Missouri and Minnesota.
54-47Oct 28SCHOOLS.
TAXATION.
Real estate owned by William Jewell College and used exclusively for educational purposes is tax exempt. County court authorized to rebate taxes assessed against property owned by said school.
55-47Jan 24TAXATION AND REVENUE.A penalty of 10% per annum or 1% a month or fraction thereof, attaches to delinquent taxes as of January 1, when such delinquent taxes remain delinquent as of February 1, when the collector starts making his delinquent tax book.
55-47Apr 15LABOR LAW.A female employee engaged in a clerical capacity in one of the Cities Service Oil Company may work only nine hours a day for six days a week.
57-47Jan 16PROBATE COURT.
PROSECUTING ATTORNEY.
In re: Costs paid by county in indigent insane hearings; accrued fees due probate judge; duties of prosecuting attorney in indigent insane hearing; prosecuting attorney cannot be appointed appraiser in assessing inheritance tax.
57-47Feb 10MAGISTRATE COURTS.Fees in criminal cases.
57-47Feb 18COUNTY OFFICERS.Mode of determining compensation for judges of the county courts in third class counties.
57-47Feb 26COUNTY OFFICERS.Tenure of county treasurers elected at general election on November 5, 1946.
57-47Mar 26MAGISTRATES.State of Missouri is not required to deposit $5.00 when commencing a suit in the magistrate court; a magistrate shall not require plaintiff to provide security for costs in all proceedings; a $5.00 magistrate fee is not to be apportioned for the purpose of paying costs of any proceeding.
57-47Apr 24COLLECTORS.Collector who voluntarily pays part of his compensation to the county and makes final settlement, cannot thereafter recover the same.
57-47June 4TAXATION AND REVENUE.Procedure to be followed in assessing real property at its true value.
57-47July 29MOTOR VEHICLE.Theft of truck unable to operate under its own power would constitute theft of motor vehicle.
57-47Oct 10NEPOTISM.An officer approving an appointment submitted to him of an employee related to him within the fourth degree of consanguinity or affinity forfeits his office under the provisions of Section 6 of Article VII of the Constitution of 1945.
57-47Oct 11DEPARTMENT OF PUBLIC HEALTH AND WELFARE.Division directors the sole appointing authorities within the meaning of the State Merit System Act.
57-47Nov 17Hon. Samuel MarshWITHDRAWN
58-47Sept 18NOTARIES PUBLIC.
JURISDICTION.
Jurisdiction of notaries public in the City of St. Louis in adjoining counties.
59-47July 25SCHOOLS.
CHANGE OF SITE.
Proposition for change of site of common school district schoolhouse may be submitted at an annual or special meeting.
59-47Sept 4PUBLIC OFFICERS.Right to reimbursement for travel expense necessarily incurred in discharge of official duties.
60-47Feb 3PROBATE COURT.
FEES.
Right of probate court to fees for holding hearing in an insanity case.
60-47Feb 7COUNTY SCHOOL FUNDS.
LIQUIDATION.
ELECTION.
Capital of township and county school funds invested in government bonds can be liquidated before maturity. By the petition of the voters county court must call special election for liquidation of school funds even though this expenditure has not been provided for in county budget.
60-47Feb 25CORONERS.In counties of the fourth class are entitled to actual and necessary expenses while carrying out their official duties.
60-47Feb 28SHERIFF’S MILEAGE.
MAGISTRATE COURT COSTS.
Sheriff entitled to actual expense not in excess of five cents per mile for taking prisoners to penitentiary; magistrate court costs to be taxed as provided for in Section 13409, R. S. Mo. 1939.
60-47June 10AIRPORTS.
EMINENT DOMAIN.
CITIES OF THE FOURTH CLASS.
Fourth class city can condemn land a reasonable distance outside corporate limits to establish airports. Reasonableness of distance is question of fact.
62-47Feb 5MAGISTRATES.
PROBATE JUDGES.
OFFICERS.
Person may not hold the position of probate judge and magistrate and mayor of a city at the same time.
62-47Feb 21ROADS AND BRIDGES.
HIGHWAY ENGINEER.
Funds from which the salary of the highway engineer may be paid.
62-47Mar 21Hon. Roy C. MillerWITHDRAWN
62-47Apr 18TAXATION.Sec. 11041, H.C.S.H.B. 468, 63rd General Assembly, does not authorize the circuit judge to order levy of 3¢ on $100 for maintenance, operation and repair of county buildings when constitutional limit for county purposes has been levied.
62-47Apr 22LIBRARIES.Allocation of state aid to tax maintained and supported libraries.
62-47June 26COUNTY COURTS.
CONSTITUTIONAL LAW.
ROADS AND BRIDGES.
County court is without authority to appoint supervising board of road commissioners and prescribe the duties thereof.
62-47Sept 5SCHOOLS.
COUNTY SUPERINTENDENTS.
SALARIES.
County superintendents of schools in counties of the third class may receive the additional compensation provided for in Senate Bill No. 177 of the 64th General Assembly.
63-47June 19MAGISTRATE COURTS.
CRIMINAL COSTS.
Where defendant is unable to pay costs, fee bill for same is prepared by magistrate and submitted to the clerk of the Circuit Court.
64-47Jan 17TOWNSHIP ORGANIZATION.In counties voting out township organization the county assessor and county collector take office immediately upon being appointed and assume powers and duties of ordinary county as provided by law; county takes title to money and property of township and assumes their liabilities; settlement of accounts between township officers and county court.
64-47Jan 22TAXATION AND REVENUE.Liability for taxation of mail carriers retirement pay as intangible personal property under H.C.S.H.B. No. 868.
64-47Feb 3Mr. M. E. MorrisWITHDRAWN
64-47Feb 4STATE PURCHASING AGENT.Purchases of certain supplies and printing for Missouri State Highway Commission to be made through Division of Procurement.
64-47Feb 4TAXATION AND REVENUE.In re: Five questions on taxing intangible personal property under H. C. S. H. B. 868.
64-47May 7Mr. M. E. MorrisWITHDRAWN
64-47June 18DIVISION OF PROCUREMENT.Purchases of paper from State Paper Procurement Revolving Fund.
64-47July 3DEPARTMENT OF REVENUE.Effect and meaning of Senate Bill No. 143 of the 64th General Assembly relating to the duties and responsibility of the Director of Revenue and the duties of the subordinates thereunder.
64-47July 18TAXATION AND REVENUE.Allowable deductions by resident of Missouri with respect to income subject to Indiana gross income tax.
64-47July 18ROADS AND BRIDGES.
TAXATION.
TOWNSHIP ORGANIZATION.
Tax provided for in Sec. 8527, Laws of 1945, page 1478, is not a levy to be made by a township board, and is not a levy in excess of the levy provided for in Sec. 8820, Laws of 1945, page 1497.
64-47Aug 13TAXATION AND REVENUE.Duty of the Director of Revenue with regard to distribution of moneys collected under House Bills Nos. 868, 869, 888 and 948 of the 63rd General Assembly.
64-47Sept 5STATE TREASURY.Proceeds of sale of surplus property belonging to Missouri Training School for Boys to be deposited in the “Missouri Training School for Boys Fund.”
64-47Oct 16CRIMINAL LAW.Construction of Section 4854, R. S. Mo. 1939, known as Habitual Criminal Act.
64-47Oct 21PUBLIC RECORDS.Availability of intangible personal property tax returns to public inspection.
64-47Oct 30TAXATION.
MANUFACTURERS.
No authority for refunding proportionate part of manufacturers’ tax for 1946.
64-47Dec 11TAXATION AND REVENUE.Federal credit unions not required to collect the tax imposed upon the accounts of their members.
65-47Oct 22DIVISION OF MENTAL DISEASES.
POSTWAR FUND.
Under appropriation of $100,000.00 for storeroom and $15,000.00 for bakery, contract may be let in the amount of $115,000.00 for constructing both as a unit.
66-47Oct 14SECRETARY OF STATE.Secretary of State authorized to fix compensation of all employees in his department.
66-47Oct 27SECRETARY OF STATE.It is his duty under Senate Bill No. 196, Missouri Laws of 1945, to compile, index, and publish all rules adopted by each agency. Also, it is his duty to publish the monthly bulletin, as required in said bill, setting forth the text of all rules filed during the preceding month by the state agencies.
67-47Mar 5MAGISTRATES.
CRIMINAL LAW.
Prosecuting attorney may file information for a misdemeanor in the circuit court and may file a delinquency case in the circuit court. Defendant cannot take a change of venue from circuit court to magistrate court.
67-47Sept 23Hon. A. T. NortonWITHDRAWN
67-47Dec 8TOWNSHIPS.
ROADS AND BRIDGES.
TAXATION.
ELECTION.
In county under township organization county court may levy special tax for road and bridge purposes only under provisions of Sec. 8529, Laws of 1945, p. 1478. Township board cannot call election for purpose of voting tax for road purposes.
68-47Jan 18MAGISTRATES.Magistrate is required by law to appoint a clerk within a reasonable time after being sworn in as magistrate. Magistrate cannot appoint as clerk a school teacher who is employed full time as school teacher and unable to work during office hours as clerk of the magistrate court except on Saturdays and week ends.
68-47Feb 6RECORDER OF DEEDS.
DEPUTIES.
No provision is made under the laws for payment of deputy recorder of deeds in counties where the circuit clerk is ex officio recorder of deeds.
68-47Mar 13MISSOURI TRAINING SCHOOL FOR BOYS.
CONTAGIOUS DISEASE.
ADMISSION.
Boy affected with contagious disease not to be admitted to Missouri Training School for Boys at Boonville, Missouri.
68-47May 2MISSOURI REAL ESTATE COMMISSION.Effect of conviction under Sec. 51, Title 187, U.S.C.A., upon right to procure real estate broker’s or salesman’s license.
68-47May 16ROADS AND BRIDGES.“General road districts” must be established by county court.
68-47Aug 29Hon. Don W. OwensbyWITHDRAWN
68-47Nov 21COUNTY COURTS.
PROSECUTING ATTORNEY.
COUNTY TREASURER.
HIGHWAY ENGINEER.
County court of third-class county may hire stenographer for prosecuting attorney, county treasurer and highway engineer, such stenographer to divide her time among said officers.
69-47Jan 8DELINQUENT TAXES.
PENALTIES.
The date for determining penalty on delinquent taxes, as provided in Section 11085, House Bill No. 765, applies to the City of Liberty.
69-47Jan 23PROSECUTING ATTORNEYS.
MAGISTRATES.
Prosecuting Attorneys may be reimbursed for actual and necessary traveling expenses in the investigation of crimes and the county court is authorized to provide for such expenses. Magistrate shall set salaries of his clerk, deputy clerks and employees.
69-47May 6PARKS.
STATE PARK BOARD.
State Park Board unauthorized to dispose of present transmission system in Cuivre River State Park.
69-47Aug 26ELECTION.
SHERIFF.
CONSTABLE.
Sheriff to perform duties formerly preformed by constable during elections.
69-47Oct 7FEDERAL.
CONSERVATION COMMISSION.
OFFICERS.
Right to enforce laws, rules and regulations pertaining to wildlife at Camp Crowder.
69-47Oct 9MOTOR VEHICLES.Motor vehicle registered in Iowa operating in Missouri intrastate in transporting passengers for compensation must register with Commissioner of Motor Vehicles and pay fee.
69-47Dec 11TAXATION.
COUNTY.
The only procedure to increase tax levy for county purposes, when the maximum tax has been assessed and levied, is by a vote of 2/3 qualified electors voting thereon and for said increased tax.
70-47Jan 8MAGISTRATE COURTS.Board of Aldermen of St. Louis has the power to provide for additional employees for the Magistrate Court of the City of St. Louis.
70-47Jan 16TAXATION.
MERCHANTS TAX.
Merchants’ Tax provided for in H.C.S.H.B. 471, H.C.S.H.B. 536 and House Bill 995, passed by the 63rd General Assembly, comply with the provisions of Section 4 (a) of Article X of the Constitution of 1945.
70-47July 29TAXATION.
MANUFACTURER.
MERCHANT.
Companies selling wood for fuel are cooperage companies; cooperage companies manufacturing completed staves and headings are manufacturers; companies making rough staves and headings under contract for other companies which complete manufacturing are manufacturers; companies offering for sale, generally, rough staves and headings are merchants.
70-47Aug 7EDUCATION.Interpretation of Senate Bill No. 4 of the 64th General Assembly. Military schools with college status not required to teach the courses enumerated in said bill in the college years.
71-47Mar 21EXTRADITION.Only messenger appointed by Governor under Sec. 3976, R.S. Mo. 1939, has authority to return fugitives from justice to this state, and expense must be paid from State Treasury in accordance with Sec. 3977, R.S. Mo. 1939, except in cases where defendant is returned for wife or child abandonment the expense of extradition must be paid by County Court.
71-47Apr 4CONSTITUTIONAL LAW.
TAXATION & REVENUE.
Constitution doesn’t require tax moneys from intangibles to be deposited in State Treasury.
72-47Jan 23SCHOOL FUNDS.
COUNTY AND TOWNSHIP.
Type of securities in which county and township school funds may be invested.
72-47Aug 2PAROLE.
CRIMINAL LAW.
INTERSTATE COMPACT.
Authorities of State of Florida may retake parolee in this state under interstate compact for violations committed subsequent to this state becoming a signatory to said compact.
73-47Mar 5COUNTY TREASURER.In counties of third class, except counties under township organization, treasurer not entitled to one-half of one percent for disbursing school money in addition to his regular salary.
73-47Nov 14Mr. Chas. F. QuinlinWITHDRAWN
74-47May 13SCHOOLS.
COUNTY SCHOOL FUND.
COUNTY COURT.
County court is not authorized to pay an agent for procuring insurance or collecting on delinquent school fund loans.
74-47Dec 8SCHOOLS.
BOARD OF DIRECTORS.
VACANCIES.
Determination of whether or not a vacancy exists in a school board in a consolidated district due to a member’s refusal to serve or neglect of duty is to be made by school board. Before such determination is made member should be notified and given a chance to defend himself.
76-47Feb 19COUNTY COURT.
COUNTY CLERK.
County court may allow up to $500.00 per annum to county clerk for payment of additional compensation to deputies and assistants.
76-47Apr 18ROADS AND BRIDGES.County not liable for negligent operation of road and bridge machinery even though used in work optional with county.
76-47Apr 18CIRCUIT COURT.
CIRCUIT JUDGE.
SALARY.
Circuit judge required to serve as jury commissioner under Section 13394, R.S. Mo. 1939, but not entitled to $1300.00 allowed for such services under same section.
76-47July 24ELECTIONS.
COUNTY COURTS.
ROADS AND BRIDGES.
County Court of Andrew County may call a special election to increase rate of levy for not to exceed four year term. “Respective purposes” authorize such election to be held for increasing tax levy for bridge purposes. Tax levy, under Sections 8527 and 8529, Laws of Mo. 1945, authorizes increase for only one year. Such election provided for in Sec. 8529, Laws of Mo. 1945, may be held in place or places in county designated by county court.
77-47Feb 13Hon. V. C. RoseWITHDRAWN
77-47Feb 18COUNTY COURT.
MINERAL LEASES.
COUNTY COLLECTOR.
(1) Member of county court or other county officer cannot buy county warrants at less than par. (2) If member of county court votes for employment of a relative within 4th degree, by consanguinity or affinity, he forfeits his office. (3) Where mineral leases have been made, taxes should be assessed to owner of land. (4) Sec. 11107, R.S. 1939, has no application to Maries County. (5) Without a vote of the people, tax rate cannot be increased in any year so it will produce mathematically more than 10% in excess of taxes levied for previous year.
77-47Apr 29BONDS.
ROADS AND BRIDGES.
Money derived from bond issue for grading, constructing, paving or maintaining of paved, gravel, macadamized or rock roads, and necessary bridges and culverts, may be expended for the purchase of necessary machinery.
79-47Dec 30ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
TOWNSHIPS.
Levy of not to exceed 35¢ on property in special road districts in counties under township organization is made by township board. Additional levy of not to exceed 35¢ may be voted by special road district. County court in counties under township organization may not assist in building and maintenance of bridges in special road district.
80-47Mar 11SHERIFFS.Authority as conservator of the peace is county-wide, and includes violation of city ordinance if it constitutes an offense against the state. Allowed only such mileage as comes within Section 5, H.C.S.H.B. No. 872.
80-47May 15COURT REPORTERS.In circuits where there are counties with more than forty-five thousand inhabitants the court reporter is not entitled to hotel and traveling expenses.
81-47Feb 20BANKING BUSINESS.An express company having contracts with railroad companies for the operation of an express service upon the lines of such railroad companies, or the transatlantic steamship company, or a telegraph or telephone company, as exceptions to corporations prohibited from doing any acts of banking under Sec. 7890, R.S. Mo. 1939, possess the power of receiving for transmission or of transmitting the same, by draft, traveler’s check, money order, or otherwise, without any authority or supervision of the Department of Finance of this State whatsoever.
81-47Apr 14TRUST COMPANIES.Corporations may be created under Section 8024, Article 3, Chapter 39, R.S. Mo. 1939, to do a trust company business as provided therein, without being required to do “banking” business.
81-47June 3Hon. H. G. ShaffnerWITHDRAWN
81-47June 11BANKS.
RESTRICTIONS ON LOANS.
Banks may not, either directly or indirectly, by any means loan to one person a sum greater than 20% of the capital stock actually paid in and surplus fund of such bank if located in any city having a population of less than 100,000 and over 7,000.
81-47July 1TOWNSHIPS.Section 26(a), Article VI of the 1945 Constitution, is a limitation on the amount of indebtedness a township board may incur for the township in any year without popular vote. Valid warrants issued by a township in previous years and still outstanding are not to be counted in computing the amount of indebtedness for the current year.
81-47Aug 13BANKS.A bank is required by law to pay on demand a depositor’s balance due without delay or notice of intention to close an account.
81-47Sept 2COMMISSIONER OF FINANCE.
LIABILITY OF SURETY ON BOND.
The Commissioner of Finance is an insurer of unclaimed funds named in Sec. 7899, R.S. Mo. 1939. The liability of the surety on his bond is the same as that of the Commissioner himself. No statutory bond should exempt a surety on the bond of a public official from loss of funds for any cause. The depository of funds of a public official should not be required to post collateral security, since the surety on his bond is liable for all losses.
81-47Sept 16LIQUIDATED BANKS.Proceeds or dividends arising from corporation bonds held by a bank, later liquidated, such bonds being sold as remaining assets of a bank to individuals, are private property. The Commissioner of Finance has no duty to assume respecting such dividends or proceeds.
82-47Mar 8COUNTY TREASURER.County court must order treasurer to secure surety bond before county is liable for premium.
83-47Jan 13COUNTY TREASURERS.
TREASURER’S BONDS.
SCHOOL FUND.
County treasurer to give bond under House Bill 494 in amount of highest probable amount on hands at any one time. The amount of bond computed as to school funds from all sources.
83-47Jan 23COUNTY SCHOOL FUNDS.
COUNTY COURT.
Government bonds purchased out of county capital school funds should be taken in the name of the county court as trustee of the particular school fund invested.
83-47Feb 13FEES.Board of prisoners in counties of the first class and the City of St. Louis.
83-47Feb 26SPECIAL ROAD DISTRICTS.Special road districts should severally vote road bonds to provide funds for participation in “milk route” road bill appropriation.
83-47Mar 7STATE PURCHASING AGENT.Supplies used by Missouri State Highway Patrol should be purchased through the State Purchasing Agent.
83-47Apr 15APPROPRIATIONS.
LIBRARY ADVISORY BOARD.
Appropriation to Library Advisory Board under head “Personal Service” for “salaries, wages and per diem of employees” does not include pay for travel and subsistence of such employees.
83-47May 12COUNTY COLLECTORS.Annual settlements of county collectors cover the period from March 1 to February 28.
83-47June 2DIVISION OF PROCUREMENT.Director of Revenue to procure supplies, material, equipment and contractual services through the State Purchasing Agent.
83-47June 7DIVISION OF PROCUREMENT.Duty of State Purchasing Agent to maintain inventory of removable equipment owned by State.
83-47June 14SCHOOLS.First-grade certificate which expired in 1925 or 1926 cannot be renewed by County Superintendent of Schools except under rules and regulations of State Board of Education.
83-47June 17Hon. Forrest SmithWITHDRAWN
83-47June 20MAGISTRATES.Only fee to be allowed and collected by magistrate in criminal proceedings is magistrate court fee, provided for in Senate Bill No. 108.
83-47July 9TOWNSHIP TREASURERS.
COMPENSATION PAYABLE FROM GENERAL FUNDS.
Compensation of township treasurers in counties under township organization payable out of general revenue funds.
83-47July 25Hon. Forrest SmithWITHDRAWN
83-47July 31ROAD DISTRICTS.
TOWNSHIPS.
ELECTIONS.
BONDS.
Special road district and township in Bates County are both entitled to have bonds registered when bonds of both political subdivisions were voted on same day and proceedings for election by township were initiated before proceedings by special road district.
83-47Aug 30Hon. Forrest SmithWITHDRAWN
83-47Sept 24COUNTY COLLECTOR.
TAXATION.
Two per cent fee allowed collector under provisions of Sec. 11182, Laws of 1945, page 1851, such fee to be collected from taxpayer, is not collectable from taxpayer who pays taxes in month of January after such taxes have become delinquent.
83-47Oct 22COUNTY JUDGES.County judges in Jasper County to receive salary of $1,250.00 for period of July 1, 1946 through December 31, 1946; not entitled to receive compensation during said period as members of county board of equalization.
83-47Nov 7PRINTING.
COURTS.
PURCHASING AGENT.
Purchasing agent lets the contract for printing and binding court reports, but Supreme Court controls storage, distribution and sale of said reports.
84-47Jan 28DRAINAGE DISTRICTS.
LEVYING OF ADDITIONAL TAXES.
County courts may levy additional taxes to pay claims against the district, provided a total of all levies against the district does not exceed the total amount of benefits assessed.
84-47Apr 18ROADS AND BRIDGES.
TAXATION.
TOWNSHIPS.
Maximum tax levy for township expense is 20¢ per $100 valuation, but when levies for county purposes and township expenses total more than maximum levy provided in Sec. 11, Art. X, of Constitution, 80% of tax is paid to county and 20% to township. Tax levy authorized by Sec. 8529, H.C.S.H.B. 784, in addition to tax levy authorized by Sec. 8820, H.C.S.H.B. 798.
84-47Sept 12Hon. Edward W. SpeiserWITHDRAWN
85-47July 18MOTOR VEHICLES.Applicability of Motor Vehicle Safety Responsibility Act to taxicabs.
85-47Aug 27MOTOR VEHICLES.(1) “Bookmobiles” owned by County Library Districts exempt from provisions of motor vehicle registration and licensing provisions; (2) type of license required of persons employed to operate “Bookmobiles.”
86-47Jan 17Hon. Taylor W. StrubingerWITHDRAWN
86-47Jan 28MAGISTRATE COURTS.Distribution of costs and fines in criminal cases.
86-47Nov 26CORONERS.
DEATH CERTIFICATE.
Coroner may sign death certificate only in cases where death has occurred without medical attendance and registrar refers case to coroner for his investigation and certification because circumstances render it probable that death was caused by unlawful or suspicious means, or where relatives or friends of deceased request coroner to hold inquest for purpose of issuing death certificate.
87-47Jan 22CIRCUIT CLERK.
FEE.
Circuit clerk in third-class county entitled to change of venue fee earned, in addition to salary provided in House Bill 773, but not entitled to retain fees in case originally filed in circuit court by consent of parties.
87-47Nov 28REPRESENTATIVE DISTRICTS.
ELECTION COMMISSIONERS.
St. Louis Election Commissioners cannot alter representative districts until after next census.
88-47Nov 14COUNTY BUDGET LAW.
ROADS AND BRIDGES.
County courts may not transfer funds from Class 3 of the Budget to any other class under the budget law.
89-47Jan 27LEGISLATOR.
MILEAGE.
OATH.
It is unnecessary for Mr. David A. Peery to be sworn in as the Representative from Linn County. He is entitled to and should be paid the mileage provided for in Sec. 16, Art. III, of the Constitution.
89-47Jan 30CIRCUIT CLERK AND RECORDER OF DEEDS.
DRAINAGE DISTRICT.
FEES.
Circuit Clerk and recorder of deeds, under House Bill No. 775, passed by the 63rd General Assembly, not entitled to retain fees or compensation for services rendered under Article 1, Chapter 79, R.S. Mo. 1939.
89-47May 16Hon. D. D. Thomas, Jr.WITHDRAWN
89-47Aug 15COUNTY BOARD OF EQUALIZATION.
COUNTY JUDGES.
COUNTY SURVEYOR.
Judges of county court in third class counties entitled to fees for holding court and as members of board of equalization when acting in both capacities on same day; county surveyor in counties of the third class entitled to fee as member of board of equalization, and compensation as county highway engineer, when acting in both capacities on same day.
89-47Sept 22Hon. B. C. TomlinsonWITHDRAWN
90-47Feb 17SCHOOLS.County common school funds as used in Section 10400, House Bill # 494, means school moneys belonging to various school districts. County treasurer 4th class counties only entitled to salary provided for in Section 13800.4, House Bill No. 781.
90-47Mar 24INSURANCE.Approval of incorporation of Protective Mutual Casualty Company.
90-47May 23SOIL CONSERVATION DISTRICTS.The soil district of any county, in the absence of any statutory provision, is immune from any tort liability for the negligence of its employees while engaged in the soil conservation program as provided for in the Soil Conservation Districts Law.
90-47Aug 6TRAINING SCHOOLS.
CIRCUIT COURTS.
JUVENILES.
Circuit court may modify its order of commitment to state training schools.
90-47Nov 21STATE MERIT SYSTEM ACT.
CANDIDACY OF EMPLOYEES FOR PUBLIC OFFICE.
LEAVE OF ABSENCE.
CANDIDATES.
Individual not candidate within meaning of State Merit System Act, Session Acts 1945, page 1157, until filing under Section 11550, R.S. Mo. 1939. No mandatory direction in Merit System Act requiring superior to grant leave of absence to prospective candidate.
92-47Apr 9SCHOOL FUNDS.
COUNTY SCHOOL FUNDS.
May not be invested in time deposits even though bank pledges United States government bonds to guarantee deposits.
93-47Feb 7COUNTY SCHOOL FUNDS, LIQUIDATION OF.Liquidated capital of township and county school funds to be handled and distributed as considered proper by board of school district.
93-47Feb 18CRIMINAL LAW.Physical or mental examination of defendant by doctors procured by State; examination may not be made unless with the consent of defendant.
93-47Feb 18MAGISTRATES.Clerk of the magistrate court may not issue a commitment or a warrant, but may legally sign transcripts in criminal proceedings.
93-47Feb 19Hon. Wayne T. WalkerWITHDRAWN
93-47Apr 25MOTOR VEHICLES.Leaving the scene of an accident is a felony for which an operator’s license may be revoked.
93-47May 21SHERIFF.
COUNTY COURT.
Sheriff of Greene County, Missouri, not entitled to be reimbursed by the County for attorney fees in the defense of his action in the performance of official duties.
95-47Feb 27SHERIFFS IN THIRD CLASS COUNTIES.Deputy sheriffs may be hired on part-time basis, when such appointment and the compensation of such deputies is approved by the Circuit Court.
95-47Feb 27COUNTY BUDGET.
COUNTY COURT.
County Court of Stoddard County should issue warrants for that part of the salaries of county officers of such county for which warrants have not been issued for the year 1946. Upon refusal of County Court to do so, mandamus is proper remedy to compel such action. Such warrants should be paid before warrants issued on class 5 fund of the budget.
95-47Mar 14COUNTY CLERK.
COUNTY COURT.
Duties of the county court in respect to determining salary of county clerk under House Bill No. 867 of the 63rd General Assembly.
95-47Apr 10MAGISTRATES.
COUNTY TREASURER.
One person may be employed by clerk in both the probate and county treasurer’s office. County courts have the right to provide for additional clerk hire for the magistrate if the court finds that such a need exists.
95-47May 20DIVISION OF WELFARE.
OLD AGE PENSIONS.
Under sections 9759.31 and 9759.32, Mo. R.S.A., the Division of Welfare is a single state agency designated to administer the state social security act and federal social security act pertaining to the payment of old age assistance and aid to dependent children.
95-47Aug 8MAGISTRATES.Salaries of clerks and magistrate courts may be increased by county court, said increase to be paid by the county.
95-47Sept 17COUNTY COURT.When only two district judges are present at county court meeting and they are unable to agree on any matter submitted to them, the clerk is to designate one district judge as presiding judge and his decision is the decision of the court. When the presiding judge and one district judge are present and they disagree, the decision of the presiding judge is the decision of the court.
95-47Sept 24COUNTY JUDGES.No restriction in third class counties on number of times mileage may be charged for going to and returning from court.
95-47Sept 29DIVISION OF WELFARE.
APPROPRIATIONS.
FEDERAL FUNDS.
Federal funds unclaimed by recipients for old age assistance and aid to dependent children shall not be returned to the general revenue fund of the State of Missouri.
95-47Oct 18COUNTY.Expense of publishing list of delinquent tax lists shall be paid out of the county treasury, and the cost of same shall be taxed as a part of the costs of the sale.
95-47Nov 24MAGISTRATE COURT.
COURT COSTS.
Defendant must pay magistrate fee even though county not required to deposit said fee at commencement of suit.
95-47Dec 29COUNTY COLLECTOR.
TOWNSHIP COLLECTOR.
TAXATION.
In counties under township organization township collector may levy upon property of taxpayer by distraint and sale when taxpayer refuses, upon request, to pay personal taxes. Notice of taxes must be made to taxpayer personally. Goods seized to be sold for taxes may be sold any place collector designates. County treasurer and ex officio collection may proceed by levy, distraint and sale after tax books have come into his hands.
96-47Mar 20SCHOOLS.
TAX LEVY.
Under Section 10358, Senate Bill No. 208, passed by the 63rd General Assembly, a school district board of education may submit a proposal to the voters of said district for subsequent increase in the tax levy for the same year or years that an increase has already been voted in excess of the amount authorized by the Constitution without voter approval.
96-47Mar 27SCHOOLS.
BUILDING FUND TAX LEVY.
The provisions of Senate Bill No. 208, passed by the 63rd General Assembly, make it possible for school districts to authorize and levy a building fund tax for the purpose of purchasing school building sites, buying or erecting school buildings and repairing and furnishing the same.
96-47July 18PENITENTIARY.Transactions between various industries under the control of the Department of Corrections and between the penitentiary and said industries may be handled by a system of debits and credits.
96-47Aug 25SCHOOLS.School districts may combine temporarily for educational purposes even though districts are not adjacent to each other.
96-47Aug 27SCHOOLS.Senate Bill No. 4, 64th General Assembly repeals and supersedes Section 10374 of Senate Bill No. 100, 64th General Assembly. Senate Bill No. 4, does not become operative until July 1, 1948.
97-47Feb 5AFFIDAVITS.Army officers above the rank of lieutenant, and Navy officers above the rank of ensign, are authorized to take affidavits to a divorce petition of persons engaged in the military service of the United States outside of this State.
97-47Apr 14TAXATION.
INDEBTEDNESS.
10¢ tax levied under Sec. 13763, R.S.Mo. 1939, was valid under Const. of 1875, and in addition to maximum levy authorized by Sec. 11, Art X, Const. of 1875. Such tax levy for 1944, 1945 and 1946 was a valid and subsisting levy, and taxpayer who refused to pay such taxes is liable for taxes and penalties. Repeal of Sec. 13763 removed authority of county court to levy such tax in future. Mere irregularity in appointment of judges of election does not invalidate such election.
97-47Apr 17MOTOR VEHICLES.Minimum age of taxi drives as fixed by state law is eighteen. One who is engaged as a motor carrier or contract hauler is not operating a taxi under the definition as set out in subsection (d), Section 5720, Laws of 1941.
97-47July 16ROADS AND BRIDGES.
MUNICIPALITIES.
TAXATION.
Residents of municipality within the boundaries of special road districts are not exempt from paying road taxes levied on property in such districts.
97-47July 19COUNTY CLERK.
COSTS.
Cost deposits in cases in which costs are unclaimed should be turned over to the county treasurer by the circuit clerk. Cost deposits in cases in which there is an insufficient amount to fully pay all those entitled thereto should be distributed pro rata.
97-47Sept 2ACCOUNTANCY, BOARD OF.Certificate of public accountant may not be issued if application is not made before January 1, 1946, or more than one year after honorable discharge even if applicant possesses all other requirements of Section 14911j.
97-47Oct 17BOARD OF ACCOUNTANCY.Governor may make recess appointments of members; members qualify on the date the required oath is taken.
97-47Nov 12MAGISTRATE COURTS.
CRIMINAL COSTS.
When felony charge dismissed before preliminary hearing, neither the state nor county, nor the prosecuting attorney are liable for costs. When misdemeanor charge dismissed before trial, county is liable for costs.
98-47Apr 3QUO WARRANTO.Disposition of fines assessed against fire insurance companies.
98-47May 29CRIMINAL CONTEMPT.Disposition of fine imposed for criminal contempt.
99-47Jan 8COUNTY CLERK.
COUNTY COURT.
Salaries.