Missouri AG Opinions, 1935

Proposed law Re: House Bill No. 247, Paragraph “(d)”.

Salaries of County Clerks and his deputy in Counties having a population of 7,500 and less than 10,000 persons.

The law is not mandatory that the state eleemosynary institutions return county patients to sending county where keep and expenses are not paid by the county, but the Board of Managers of the Eleemosynary Institutions have the right to so return such patients.

Right of commissioners of special road districts incorporated under Article 10, Chapter 42, R. S. Missouri, 1929, to receive compensation as road overseers.

Compensation to be received after the first Monday in January, 1935.

Qualifications necessary for men employed by commissioners of special road districts incorporated under Article 9, Chapter 42, R. S. Mo. 1929.

Circuit Clerk is not entitled to retain fees earned under the provisions of Section 916, R.S. Mo. 1929, in addition to the maximum amount of fees allowed him under Section 11786, Laws of Mo. 1933.

Expenses of Class 1 incurred by county court in excess of fund set aside may be paid out of Class 1 regardless of fact that they are in excess of estimate as contemplated by the Budget Act.

Salary of County Clerk and his Deputy in Counties having more than eleven thousand five hundred (11,500) persons and less than twelve thousand five hundred (12,500) persons. Salary not to be fixed by County Court.

Taxes on account of 5% increase ordered by Board of Equalization December 17, 1934, not delinquent until levied by county courts and reasonable time given to pay.

Salary of County Clerk and his deputy in counties having a population of 10,000 and less than 11,500 persons. Salary not to be fixed by county court.

An appropriation act cannot legislate – “Revolving Fund” of State Fair cannot be appropriated until statute is amended.

Opinion Letter to Hon. V. C. Rose, Jr.

Death of contestee in election contest abates the action; if vacancy in office exists, the governor must issue writ of election to fill such vacancy.

Newspaper must be published in county for one year, regularly and consecutively, before it can accept legal publications.

May not appoint more than two commissioners from same county court district; quo warranto is proper remedy to try title to office.

Office of Probate Judge and member of Board of Education not incompatible or in conflict and same party may hold both offices.

Power and authority of County Courts to compromise with bondsmen on depository bond.

Registration of births under Section 9054a.

Treasurer required to set up different funds and only those named in statute. Warrants must provide specific fund. Warrant payable only out of fund drawn on. Treasurer liable on bond for violation. School funds payable only on school warrant. Delinquent taxes to be credited to the particular fund for the particular year for which levied. School board required to issue warrants when delinquent taxes collected. Delinquent taxes to be used only for purposes for which levied. Section 9555. Delinquent taxes not all to be credited to teachers’ fund. School board cannot authorize the setting up of any fund except those named in statutes.

Tax law can provide receipts to go to exclusive fund for specific purpose.

A person engaged in transporting property over the highways of this State must have license to do so as contract hauler.

Entitled to no expenses in addition to maximum allowance under first 13 subdivisions of Sec. 9935 Laws of Missouri 1933.

House Bill 124, page 166 Laws of Missouri Extra Session, 1933-34, applicable to general personal real estate of cities of fourth class, but not to special benefits.

State Treasurer has no authority to receive intangible personal property which has escheated to the State.

Drainage taxes not cut out by sale under Senate Bill 94 for state and county taxes.

One person may hold both the office of Public Administrator and Justice of the Peace.

Sheriff has authority to buy necessary supplies for jail but not for court house unless ordered to do so by county court.

Entitled to fees for certificates for States; must account for notarial fees.

County Court cannot order different amounts to be spent for board of misdemeanor and felony prisoners.

Authority of Collector to employ attorney to assist in collection of delinquent personal property taxes.

Department of Labor has no right to inspect hotels.

Petition to move County Seat and petition to increase tax to build new court house must be separate petitions.

Township clerk under Section 12310 R. S. Mo. 1929, as amended Laws of 1931, page 377, is not entitled to any fee for issuing warrants.

Penalties, interest, commissions and attorneys’ fees as allowable on delinquent taxes against railroad undergoing re-organization under Section 77 of Bankruptcy Act.

Amount of reserve of mutual fire insurance companies required.

Qualifications to practice Chiropody.