Missouri AG Opinions — 1938

Public health nurse is one who is licensed and registered as a nurse in Missouri and who aids in the promotion of wholesome, sanitary condition of community at large and who is paid compensation out of the public funds.

Contracts of a county beyond statutory powers are void.

In a county containing a population of 11,764, the county court cannot grant an extra fee to the prosecuting attorney for an opinion rendered to the county court and the Federal Government.

A deed delivered under and by virtue of Section 9957a of Senate Bill 94 extinguishes the liens of city sewerage districts insofar as such liens apply to the period prior to the issuing of the certificate of purchase.

Compensation in counties of 40,000 or less in view of Section 9756, R.S. Missouri, 1929, as amended in Laws of 1937, page 570.

Commissioner of Labor and Industrial Inspection without authority to make inspection of schools conducting manual training courses by the use of machinery.

Board of Managers of Eleemosynary Institutions, or the President of the Board, may inspect St. Louis City Sanitarium when it deems advisable for verifying claim of such institutions for state aid. The Board has no legal responsibility either for the conduct of patients in such institution or for inspection and investigation of the sanitarium as a subsidiary.

Interpretation of money payment in the Federal Social Security Law, Title 1, Section 6.

County Court has authority to transfer surplus funds remaining at the end of the year to road and bridge fund, and the same may be used for the erection of bridges in special road districts.

Sections 8012 and 8013 do not give county highway engineer the authority provided therein over the Special Road Districts organized under Articles 9 and 10, Chapter 42, R.S. Missouri 1929.

State not liable for fees of special counsel not employed as provided by statute.

Jury scrips are not receivable in payment of taxes for any year other than that for which same are issued. Jury scrip payable out of the funds of the year of issuance.

Collector of St. Louis County cannot retain an amount greater than $10,000.00 under Section 9935 Division 14 as amended by Session Laws of 1937.

Commissioners of special road districts organized under Article 9, Chapter 42, R. S. Mo. 1929, cannot levy tax for maintenance purposes, nor can they divert money raised for payment of interest and bonds to maintenance fund.

Place may be partitioned so as to constitute two premises, thereby permitting the sale of intoxicating liquor in original package on one premises and beer by the drink on the other, under certain conditions.

(1) The Board cannot transfer teachers fund to the incidental fund; (2) Board is not liable personally for balance due teacher if contract is made within the anticipated revenue from every source; (3) Treasurer cannot pay warrants of 1936 out of 1937 funds.

Inspectors of State Board of Health are authorized to inspect all rooms of hotel to determine whether or not the provisions of article 7, chapter 93 R.S. Mo. 1929 are being complied with. Number of rooms for living purposes as ascertained by number assignable to guests.

Fee for attending county court, when court meets with Board of Equalization, Drainage and Levee District Boards.

Administration of Inheritance Tax Laws.

Warrants issued on special levy under Section 7891 bear interest.

County court may pay additional salary of deputy circuit clerks if there remains a surplus at the close of the fiscal year.

Cannot accept payment of general taxes and exclude district water tax.

Power of St. Louis Police to make arrests for displaying illegal tags on motor vehicles and changing number on motor block.

Banks to include in returns for assessment of the bank stock for full amount invested in stock of the Federal Reserve Bank.

Women may be elected to the office of trustee in towns and villages.

Lotteries

Statute does not authorize a fee to the Probate Court for finding no tax due in an estate.

For constitutional amendments to be submitted November Election 1938, for Senate Joint and Concurrent Resolutions (1) No. 3 – Compensation of members of General Assembly; (2) No. 6 – Reelection of State Treasurer as own successor; (3) No. 7 – special tax for support of county hospitals.

Under Section 11794 R.S. Mo. 1929 County Court is not authorized to make an order for sheriff to receive a different amount for boarding prisoners charged with felony than the amount for prisoners charged with misdemeanor.

Workmen employed on construction of radio patrol stations cannot be paid as employees of the patrol.

May purchase new abstract and index to trust deeds and be reimbursed by county court.

Owner of motor buses liable to punishment for violation of criminal laws by drivers when such act is done under the employer’s command and within the scope of his employment and done for the employer by his knowledge and consent.

Taxes levied and collected on properties in special road districts, for the road and bridge fund shall be turned over to such special road district and county court may use such taxes that it receives on account of the road and bridge fund tax for improvement of roads of the county highway system.

Cities of 600,000 or more and counties 200,000 to 400,000. Trustee’s Deeds. Recorders in cities of 600,000 or over and counties of 200,000 to 400,000 shall require that the unpaid obligations securing deeds of trust or mortgages be presented to him before recording Trustee’s Deeds under foreclosure for such mortgages.

State Board of Education can accept titles to property for the state subject to restrictions.

Cannot retain fees set out in Section 3248 R.S. Missouri, 1929, in addition to salary.

The operation of a disorderly house constitutes a public nuisance, and the proper procedure to abate a public nuisance is by injunction in a court of equity.

Costs cannot be taxed against any party to a habeas corpus proceeding.