80 opinions issued in 1940.
Opinion No. 55-40 — INSURANCE.
Jan 22, 1940
Approval of articles of association of Washington Fire and Marine Insurance Company.
Opinion No. 12-40 — OFFICERS AND EMPLOYEES. ; WITNESS FEES AND EXPENSES.
Jan 22, 1940
Public officers and employees may be reimbursed out of the treasury for expenses instant to attendance in response to a subpoena, and whatever amount is collected by such officers as witnesses and for mileage should be turned into the state treasury.
Opinion No. 90-40 — COUNTIES.; REDUCTION OF COUNTY TREASURER’S SALARY.
Jan 20, 1940
County Court has right to reduce treasurer’s salary.
Opinion No. 76-40 — MOTOR CARRIERS.; PUBLIC SERVICE COMMISSION.
Jan 20, 1940
Public Service Commission without authority to require foreign interstate carriers to comply with license section relating to foreign corporations doing business within state.
Opinion No. 42-40 — LIQUOR.
Jan 19, 1940
If applicant for a non-intoxicating beer license pays proper fee to county and meets other license requirements, the county court must issue a license.
Opinion No. 71-40 — LIQUOR.
Jan 18, 1940
Liquor control act does not apply to Federal Military Reservations.
Opinion No. 94-40 — MORTGAGES AND DEEDS OF TRUST.
Jan 17, 1940
Recorder of Deeds of City of St. Louis must record trustee’s deed under a foreclosure, where the note presented at the time was unpaid and gave the trustee authority to foreclose and give trustee’s deed.
Opinion No. 35-40 — CRIMINAL LAW.; MINES – MINING.
Jan 17, 1940
It is a misdemeanor to employ any child under the age of sixteen years to work in a mine or underground work.
Opinion No. 27-40 — STATE TAX COMMISSION.
Jan 15, 1940
Powers and duties of the State Tax Commission in regard to the enforcement of the revenue laws.
Opinion No. 23-40 — MUNICIPAL CORPORATIONS.; RESIGNATION OF COUNCILMAN.
Jan 15, 1940
No vacancy is created in office until officer’s resignation is accepted, construction of statute 6973 R. S. Missouri, 1929.
Opinion No. 31-40 — CRIMINAL LAW.
Jan 13, 1940
Violation of Section 7774, Subsection (c) Laws of Missouri, 1939, page 519-520 is a crime and a criminal prosecution will lie against either buyer or seller. Buyer and seller commits crime when no title to an automobile is passed.
Opinion No. 21-40 — COLLECTORS.; SALARIES AND FEES.; COLLECTING DRAINAGE DISTRICT TAXES.
Jan 13, 1940
Commissions allowed collectors for collecting drainage district taxes.
Opinion No. 5-40 — ELECTIONS.; DOG LAW.
Jan 12, 1940
After the provisions of the law pertaining to taxation of dogs has been adopted same may not be abolished by later election.
Opinion No. 51-40 — BONDS.; COUNTY COURTS.
Jan 11, 1940
Liable for payment of premiums covering officer’s entire term of office when consent and approval made to election of officer to give surety bond.
Opinion No. 83-40 — CIRCUIT COURT REPORTER.
Jan 8, 1940
Salary in 31st District.
Opinion No. 60-40 — TOWNSHIP ORGANIZATION.; ROADS, HIGHWAYS & BRIDGES.
Jan 8, 1940
Commissioner of Special Road Districts – how selected under Section 8063, R. S. Mo. 1929.
Opinion No. 59-40 — COUNTY CLERKS.
Jan 6, 1940
Need not account to the county for fifteen cents service charge permitted by Conservation Commission.
Opinion No. 43-40 — MUNICIPALITIES.
Jan 6, 1940
Hannibal cannot license non-resident towel service business.
Opinion No. 41-40 — PUBLIC SERVICE COMMISSION.; MOTOR VEHICLES.
Jan 5, 1940
Annual license fee of interstate motor vehicles under Section 5272, Laws of Mo. 1931.
Opinion No. 30-40 — SCHOOLS.
Jan 5, 1940
Interpretation of meaning of “incidental expenses” as same appears in Section 13a, Laws of Missouri, 1939, page 718.
Opinion No. 16-40 — COUNTY COURTS.; TOWNSHIP TREASURERS.; SETTLEMENTS.
Jan 5, 1940
County courts in counties under township organization may examine and approve settlements of township trustees.
Opinion No. 45-40 — ELEEMOSYNARY INSTITUTIONS.
Jan 4, 1940
Board of Managers not liable for torts of its agents. Superintendent liable to patient for property entrusted where lack of reasonable care is exercised.
Opinion No. 40-40 — TAXATION AND REVENUE.
Jan 4, 1940
I. Cities of special statutory charter must certify their delinquent taxes on real estate to the county collector for collection unless the charter provides a special scheme of collection by a city collector. ; II. General taxes on real estate become delinquent on January 1st, annually, and county collector shall proceed to enforce the lien of the state thereon and may charge the fees incident thereto.
Opinion No. 38-40 — TAXATION.; COLLECTOR OF REVENUE.; RECOVERY OF EXCESS COMMISSIONS.; WHO MAY BRING SUIT FOR.
Jan 4, 1940
The county is not authorized to bring suit for excess commissions paid to the collector by taxpayers.
Opinion No. 57-40 — SHERIFF.
Jan 3, 1940
Entitled to mileage in more than one case where the same witness is used in more than one case.
Opinion No. 39-40 — ELEEMOSYNARY INSTITUTIONS.
Jan 3, 1940
Method of payment to State Hospitals for support of patients committed as habitual drunkards or drug addicts.
Opinion No. 20-40 — COUNTY COURTS.
Jan 3, 1940
May pledge warrants to corporations authorized to accept pledge of same.
Opinion No. 98-40 — STATE TREASURER.
Jan 2, 1940
Disposition of certain moneys paid into state treasury.
Opinion No. 56-40 — CREDIT UNIONS.
Jan 2, 1940
Authorized to invest funds under provisions of Section 5598a, Laws of Missouri, 1939, page 217.
Opinion No. 54-40 — NOTARIES PUBLIC.
Jan 2, 1940
An acknowledgment of a collector to deeds for land sold at a tax sale taken by a deputy collector in his capacity as notary public is valid.