81 opinions issued in 1941.
Opinion No. 97-41 — ROAD DISTRICTS.; ROADS & BRIDGES.
Feb 7, 1941
Special Road District may make levy under Section 8067 R. S. Missouri, 1929, for repairing roads in the district and may also purchase rock crusher, to crush rock to be used in repairing said roads.
Opinion No. 16-41 — COUNTY BUDGET ACT.
Feb 7, 1941
Sheriff’s expenses for conveying inmates to the hospital should be paid out of class 5; (2) Sheriff whose term expires before date of sale under trustee deed should conduct the sale.
Opinion No. 38-41 — ELECTIONS.
Feb 3, 1941
City Committee may nominate candidates for unexpired terms of members of the Board of Aldermen.
Opinion No. 73-41 — HIGHWAY ENGINEERS.
Jan 30, 1941
County Highway Engineers not entitled to mileage in counties of twenty thousand to fifty thousand.
Opinion No. 37-41 — CITY MARSHAL CITY OF THIRD CLASS.
Jan 30, 1941
Has power as ex officio constable to serve warrants in other counties.
Opinion No. 56-41 — COURT.; FUNDS.
Jan 28, 1941
Cannot loan surplus money from tax sales, as school funds until 20 years elapse from date of deposit in county treasury.
Opinion No. 20-41 — DRAINAGE DISTRICTS DELINQUENT TAXES.
Jan 24, 1941
Trustee appointed by county court to bid at tax sales not authorized to include delinquent drainage tax in the amount of his bid.
Opinion No. 12-41 — COUNTY SURVEYOR.; ROAD OVERSEER.
Jan 24, 1941
Person may hold both office of county surveyor and road overseer at the same time.
Opinion No. 76-41 — NEPOTISM.; OFFICERS APPROVING APPOINTMENTS.
Jan 23, 1941
A member of the County Court voting for approval of his son-in-law as assistant county engineer violates the nepotism act; but if other members of the court vote for such approval without the connivance, understanding or agreement of the related member then the act is not violated.
Opinion No. 57-41 — COUNTY COURTS.; SALE OF BONDS.
Jan 23, 1941
The authority of the county court to pay compensation to agent for selling refunding bonds.
Opinion No. 1-41 — ELECTIONS.; COMMISSIONERS.; SPECIAL ROAD DISTRICTS.
Jan 23, 1941
Mode of conducting elections and powers of Commissioners at Special Road District Commissioners’ Election.
Opinion No. 69-41 — INTOXICATING LIQUOR.
Jan 21, 1941
The penalty for a violation of Section 8 of the Liquor control Act is a misdemeanor as provided by Section 43 of said act.
Opinion No. 62-41 — GENERAL ASSEMBLY.
Jan 21, 1941
Upon opening and publishing the returns of the election for state officers, may proceed to other business.
Opinion No. 51-41 — TAXATION.; COUNTIES.
Jan 21, 1941
County has no authority to purchase land to protect its tax lien. Holder of certificate under Jones-Munger Act must pay subsequent taxes accrued before date of collector’s deed.
Opinion No. 25-41 — OFFICERS.; QUALIFICATIONS.; DEPUTIES.
Jan 21, 1941
Assistant Prosecuting Attorney must have same qualifications as Prosecuting Attorney.
Opinion No. 68-41 — CLERK OF CIRCUIT COURT.
Jan 20, 1941
Salary change effected by 1940 census begins January 1, 1941.
Opinion No. 55-41 — INSURANCE.
Jan 20, 1941
Approval of Articles of Association of Kansas City Casualty Company.
Opinion No. 42-41 — COUNTY COURTS.; AGRICULTURAL CONSERVATION COMMISSION FURNISHING OFFICE SPACE FOR.
Jan 20, 1941
County Courts may provide an office in the courthouse or may pay for office rent for Agricultural Conservation Administration offices.
Opinion No. 35-41 — ROADS AND BRIDGES.
Jan 20, 1941
Taxpayer, in special road district, must also pay, in addition, general taxes issued for road purposes. Bonds voted on by entire township must also be paid by taxes received from a special road district where no outstanding bonds are against the special road district or any part of the special road district.
Opinion No. 32-41 — COUNTY SUPERINTENDENT OF SCHOOLS SALARY.
Jan 20, 1941
If the 1940 census shows a decrease in population putting county in lower salary bracket decrease in population would effect the salary of the County Superintendent of Schools effective July 1, ’41.
Opinion No. 17-41 — COUNTY COURTS.; SOLICITORS ON PUBLIC GROUNDS.; JUSTICE OF PEACE SOLICITING MARRIAGES.
Jan 20, 1941
The power of the County Court to make orders relating to trespassers on county property and to prohibit persons from performing such acts.
Opinion No. 77-41 — SHERIFFS.
Jan 18, 1941
Special election to fill vacancy.
Opinion No. 48-41 — OFFICERS.; DEPUTY SHERIFFS.
Jan 16, 1941
A person can hold the office of deputy sheriff and constable at the same time.
Opinion No. 83-41 — SALARIES.; CONTESTED ELECTION.; CIRCUIT JUDGE.
Jan 15, 1941
Circuit Judge Sam C. Blair cannot collect a salary from the state unless he gives bond and complies with Section 11423, R. S. Missouri 1929.
Opinion No. 46-41 — PARDON AND PAROLE.; BOARD OF.
Jan 13, 1941
Board cannot parole inmate of Intermediate Reformatory until compliance with Section 8477 R. S. 1929. The governor can parole at any time after conviction regardless of Section 8477.
Opinion No. 27-41 — TAXATION.; STREET RAILWAYS.
Jan 10, 1941
Motor busses operated in connection with street railroad or street railway for the transportation of passengers should be assessed by the State Tax Commission and not by the local assessor.
Opinion No. 81-41 — GENERAL ASSEMBLY.
Jan 9, 1941
Power to investigate election returns prior to seating executive officials.
Opinion No. 67-41 — COUNTIES BUDGET LAW.
Jan 8, 1941
Liability of county for supplies not included in officer’s budget.
Opinion No. 88-41 — POLL TAX.
Jan 6, 1941
City of Third Class has right to impose.
Opinion No. 90-41 — COUNTY TREASURER.
Jan 3, 1941
Surplus monies can only be paid through suitable order from county court.
Opinion No. 66-41 — TAXATION.
Jan 2, 1941
Even tho cemetery association later sells off part of land said land tax exempt during time held by association for cemetery purposes.