Missouri AG Opinions — 1933

Duty of State Auditor to make payment to representative of an estate. Sections 623 and 624 R. S. Mo. 1929.

Right to compromise taxes, Section 9950, R.S. Mo. 1929. Rights in correcting errors, Section 9950, R. S. Mo. 1929. Collector’s liability, acting under an unauthorized order of county court.

Duty of recorder with reference to filing and recording. Sections 11543, 11544 and 11545. R. S. Mo. 1929.

Fees to be paid. Section 9806 R. S. Mo. 1929.

Right to order tax illegally collected to be re-distributed.

Have no right to employ themselves. Sections 8031, 8033 and 8038 RSMo. 1929.

Moratorium – waiver of deposits.

Fees and mileage for summonsing standing jury.

Sec 13 of Article V of the Constitution of Missouri, adopted Nov. 8, 1932, is self-enforcing.

Outside use of school property discussed under Secs. 9284 and 9205 R.S. 1929 construed herein. Special meeting duly called may prohibit, but not authorize such use.

Regarding authority for payment of premiums on bonds of state officials.

1. Salary of County Judges, Sections 11808-2092-655.; 2. Municipalities Cities of the 4th class quorum when mayor can vote.

Authority to hire and fix salaries of teachers, instructors, officers and employees.

Right of Board to have Secretary perform duties of Treasurer and act as such.

Legislature has a right to remit penalties accruing under Section 9914, Revised Statutes 1929, and similar sections.

Right to collect interest on state deposits after losing of state depository.

May originate in either house.

Place of assessment.

Definition of what are receipts under Section 5604 Revised Statutes Missouri 1929, amended 1931, page 155.

Effect of prior disbarment in this state, construction of – Sec. 11692, 11693, 11696, Sec. 11703, 11695, R.S. Mo. 1929.

Cannot apply money for collection of fees to payment of salary, must be paid into county treasury. Sec. 11315, 11314, 11317, 11813, 11814, 11816, 11817, 11830, R.S. Mo. 1929.

Received by Circuit Clerk and Ex-officio Recorder for his salary, though unpaid and protested, cannot be offset by him against Recorder’s fees collected by him and to be paid monthly to county treasurer.

Section 8047 and 8060, R.S. Mo. 1929.

Refund of sums paid in excess thereof – Section 11314, R.S. Mo. 1929.

Section 11786, R. S. Mo. 1929.; Section 11811, R. S. Mo. 1929.; Section 9465, R. S. Mo. 1929.

Extending existence of Corporations. Act of 1931, Page 297.

Matter of Interstate Extradition.

May only issue insurance policies in conformity to the Missouri Laws.

Section 9885, R.S. Mo. 1929.

Salaries begin on qualifying by taking oath of office for all judges. Retiring Circuit Judges have one day in January this year. Number of days in calendar month makes division to calculate divisions of monthly salary.

Right of Collector to employ brother-in-law’s wife as a deputy.

Senate Bill No. 427 is unconstitutional.

Refunds from State, taking over bridge to which county contributed, may be put in general revenue fund of county by county court. On transfer or paying back to other counties their contribution no commission allowable under 12316, R.S. 1929.

Persons or corporations using, owning or building a dam in a river, creek or stream are required to operate fish hatcheries when all requirements of Sec. 8279 are reasonable.

Taxi-drivers required to obtain contract hauler’s permit to transport persons over irregular routes.

Must be elected at a general election of county officers held each four years from 1882. Sec. 2136, 2138, 2140, 2144, R.S. Mo. 1929.

County Collector must collect penalties on delinquent taxes, and County Court has no authority to remit the penalties on taxes and school districts have no power to remit penalties on delinquent taxes.

Truckman’s license and permit for delivery of livestock.

Sec. 9340, R.S. 1929, requiring county and township collectors to turn over school moneys of city, town and consolidated districts to treasurer of board of education thereof, modifies Sec. 9264 and 9266, requiring such moneys for all classes of schools paid to county treasurer.

Right to compromise back taxes.

Cross examination of witness about prior conviction even though appeal from said conviction was pending.

Right of Sheriff to appoint nephew.

One house of Legislature, originating bill, can only adopt or reject amendments of other branch. Secs. 26, 29, 30, 32, Art. IV, Constitution.