Missouri AG Opinions — 1937

I. Probate Court not entitled to Appraiser’s fee.; II. Nephews of an intestate decedent entitled to exemption of $500.00 each.

Small loan companies not permitted to contract a charge for attorney fees and collection costs when making loans.

Use of fictitious name as a violation of criminal law.

(1) The amendment does not empower the Conservation Commission to make its own laws independent of the Legislature.; (2) A statute enacted by the Legislature empowering the Conservation Commission to make its own laws would not be valid.; (3) Amendment does not authorize Commission to determine who shall buy licenses to hunt, etc. And four other questions.

Liability of sheriff and sureties for embezzlement, and method of proceeding against same, particularly as to escheats. Time when breach of bond occurs where more than one sheriff involved.

A prosecution under Section 4143, R. S. Mo. 1929, must show a willful and malicious intention to destroy landmarks.

1. An order of the county court exonerating county officials under an audit, from charges of fraud and embezzlement and stating the officers are not liable for any shortage is not an estoppal or res adjudicate which prevents actions if it is found such officers actually are indebted to the county court.; 2. Sec. 11816 must be followed in the event the county officers owe money to the county.; 3. Sec. 12165, Laws Mo. 1933, p. 356 contains amount allowed county clerk or other person designated to prepare financial statement.

Banks may pledge their assets to secure public funds where authorized by statute. Depositories of county, cities of 3d Class, township, school districts & levee and drainage district discussed.

It is necessary to the validity of the court order committing an insane person to an asylum that said order show notice and that the same recite the alleged insane person appeared in person or by attorney.

Taxability of moneys received as damages under Federal Employers’ Liability Act.

Northeast Missouri State Teachers College has authority to buy insurance for its protection and to pay for the same out of the incidental funds which are not appropriated by the Legislature.

Term of office. Eligibility to office not affected by time of filing surety bond.

Under special Charter, Legislature cannot amend a charter of a city under special charter, but enactment of a law uniformly to apply to all cities under special charter permitting the levying and collecting of taxes.

Fee must be paid or tendered to recorder before instrument entitled to record; Recorder not liable on his bond for neglect unless fee is paid or tendered.

The Legislature may pass such laws as it may deem proper in aid of but not inconsistent with the provisions of Amendment No. 4.

Person must release within thirty days after date of payment of deed of trust or mortgage, after request; and failing to do so penalty attaches.

Entitled to stationery Record Books, Printed Receipts and Stamps from County Treasury.

Funds for purchasing road machinery cannot be taken from Class 3 under Budget Act.

Must carry out the duties of county treasurer on and after January 1, 1937 and shall receive no additional compensation, in counties of less than 40,000 population.

Escaping jail. Aiding prisoner to escape.

County Court is authorized to fix the number and compensation of deputies to the Circuit Clerk, and the Clerk must abide thereby.

Persons licensed in foreign states are not permitted to come within this state and conduct examinations without first having applied for and received license to practice medicine and surgery within this state.

May contribute district funds to purchase of right-of-way within the district of roads, but may not do so outside of the district.

Distributable property assessed by State Tax Commission; non-distributable property is local property and is assessed by the county assessor.

Use of fictitious name as a violation of criminal law.

County Clerk incurs no liability by issuing warrants out of the 1937 revenue for 1936 expenditures, provided such warrants do not violate the priorities of the classes in section 2 of the County Budget Act. Warrants are invalid which are issued from the 1937 revenue for 1936 expenditures.

Nine questions regarding primary and general election laws of Missouri.

Land owned by cemetery company and not used for burial purposes is subject to taxation.

Persons charged with the larceny of a motor vehicle or any part thereof, when found guilty, the punishment shall be assessed in accordance with the provisions of the Motor Vehicle Act.

Persons preparing and serving meals in a dining room in connection with a hotel are not merchants.

Mr. Anthony A. O’Hallaron

(1) Moneys paid by employers under a State unemployment insurance law are not necessarily “state funds” within the meaning of Art. IV, Sec. 43, Const. of Mo.; (2) Such mandatory payment is not violative of the “due process” clause, and if a tax is for a public purpose.

District may insure in non-assessable reciprocal insurance.

Counts for felony and misdemeanor may not be joined.

Salary may be paid from bond issue, absent bond provisions to the contrary, but township board cannot, directly or indirectly, employ president thereof as supervisor.

Personal property of Naval Reservists subject to property tax.