Missouri AG Opinions — 1934

Entitled to fee for transcription of “still birth” certificates. 13 U.S.C.A. 101.

Laws 1933, page 191, abolishing old Missouri Commission for Blind and conferring duties on Board of Managers of Eleemosynary Institutions. Section 12-U of House Bill 127 appropriating funds out of Blind Pension Fund for prevention of blindness is unconstitutional.

Proceedings for merger examined.

Holder of Permit to sell non-intoxicating beer having alcoholic content not in excess of 3.2% by weight is prohibited from obtaining any license under Liquor Control Act.

Under Section 9261, R. S. Mo. 1929, the maximum levy for school purposes is sixty-five cents in districts other than town districts.

Inapplicable to the University of Missouri.

Road Districts are political subdivisions under Section 13 of Article XIV; Commissioners have no right to contract for own benefit with the District.

Charges for printing election notices should be computed under Sec. 13773, R. S. Mo. 1929.

An opinion on question of whether present county treasurers are eligible as candidates for office of county collector in election of 1934.

Authorized to examine collector’s bonds. May be examined by County Court. “Additional Bond” means a new bond.

Classification of salaries – office expense- traveling expenses.

Liability of state for defendant’s costs where case “continued generally”.

Bona Fide resident entitled to bonus – when?

Hunting license not required to kill rabbits on own premises.

Salary fixed by Sec. 11314 R.S. Mo. 1929 and fees allowed for convictions in felony cases must be turned over to county treasurer.

Delinquent personal taxes collected by suit, Section 9940 R. S. Mo. 1929. No sale under Senate Bill 94 until November 1934.

Back tax collections to be apportioned to various funds, cannot be lumped in school fund.

Act requires insurance to be carried on grain in Warehouse but may be waived by Federal Government.

Whether bond of district is barred by Statute of Limitations depends upon whether or not person holding bond is under disability, as provided in Section 868, R. S. Mo. 1929.

Delinquent land taxes enforced under Senate Bill 94 after July 24, 1933.

“A copy of this opinion should not be released because it is questionable whether or not it expresses the law at the present time. Study is being made to determine whether or not it should be withdrawn.”

County Treasurer should not honor teacher’s warrant where reports required by Section 9316, R. S. Mo. 1929, has not been made and filed with the Clerk.

No liability incurred by Sheriff of Putnam County if officer used reasonable judgment, and if person under arrest was not coerced, threatened or compelled to submit to the taking of fingerprints.

County Court has no right to accept taxes in escrow from taxpayer to avoid penalties, where taxpayer, by suit seeks to avoid the taxes.

Eligibility of convicts, eliminations of ineligible convicts.

County depositary not relieved of liability by vacation of ex parte circuit court order.

Board of Managers have exclusive and discretionary power to discharge persons enrolled therein.

In view of Section 12132a, Laws 1933, page 338, merging office of county treasurer and county collector in certain counties, where county treasurer before end of term runs for and is elected to office of county collector, he must resign as said treasurer when he qualifies and takes office as collector.

Neither state nor county liable for costs of preliminary hearing when defendant is discharged.

Right of State Treasurer to accept Home Owners Loan bonds in Exchange for Real Estate Security obtained by reason of Default of State Depositories; also to accept Federal Farm Loan Bonds.

(1) It is permissible to issue county warrants in payment of officers’ salaries and accounts where warrants have already been issued to the amount of the anticipated revenue.; (2) Officer who issues warrants in excess of anticipated revenue not civilly or criminally liable.; (3) Claims against Co. for warrants issued in excess of anticipated revenue can be paid out of surplus of subsequent years.

Surplus funds remaining after the full payment of the bond issue for which they were collected may be transferred to the general fund of the District.

Subdivision XIV of Sec. 9935, R.S. Mo. 1929 unchanged by subdivision XIV of Sec. 9935, Laws of Mo. 1933, p. 454.

Stock in National Banks after receivership not exempt from taxes, if of any value.

A Foreign corporation incorporated to make loans, secured by real estate, chattel mortgages, or otherwise than to carry on a general mortgage business in all its forms may be domesticated in the State of Mo.

Grain Sealer, whose duties are defined in House Bill No. 79, is subject in his appointment to the provisions of Section 13 of Article XIV of the Constitution of Missouri.

Agreement entered into by the County Court of Morgan County and physician appointed to act as Deputy State Health Commissioner is not a valid contract under Sec. 2962, R.S. Mo. 1929.

Method of weighing grain in elevators not considered a violation of the terms of the statute.

Clerical position not within the intent of the words “an office of profit under the U.S.”.

Discussion of cities’ right to collect poll taxes and right of exemption.

To be fixed in amount by governor.; Expenses of messenger fixed by governor.

Compensation on sums received and disbursed.

Where Special Road District in grading a road damages culvert driveway in front of farm home, said district is not liable for said damage.