Missouri AG Opinions — 1946

County court has power to sell county land and in the absence of specific statutory direction as to the procedure of the sale, only reasonable precautions must be taken.

County Court cannot make donation to city for municipal airport.

Right to purchase lands sold under school fund mortgages.

Under the order of the Commissioner of Finance for a banking corporation to restore impaired capital, the directors of such corporation may personally sign a guaranty or place property in escrow with a contract that such property may be held by the Commissioner of Finance, or other person designated, until the capital impairment of such corporation is restored from normal earnings or if need be, to sell such assets and apply the proceeds to such repairment. Such contact should be definite respecting the rights of all parties as to the holding, sale or withdrawal of such property.

Under Constitution of 1945 probate judges may continue to perform duties under the provisions of Section 9454, R. S. Mo. 1939.

The Central Missouri State Teachers College is unauthorized to accept money from the Federal Government under Title V, Public Law 458, 78th Congress. The acceptance of such money would be a contract without express authority of law in contravention of Section 39 (4), Art. III, Const. 1945.

Section 13763, R. S. Mo. 1939 is a complete scheme providing for the levying and expenditures of funds for particular road purposes.

Vacancy in office of county surveyor would be filled by appointment by the Governor.

Constitutional provision changing date of fiscal year does not affect statutory requirement that Mine Inspector must make report in January.

May use money collected to maintain office and incidental expenses.

The State Purchasing Agent may execute a lease of real property for the Unemployment Compensation Commission of Missouri for a period of time which exceeds two years, provided that the terms of the lease called for payment of rent for the whole period within the appropriation period in which the lease is executed.

In a county having township organization the County is liable for assessed benefits to roads in a drainage district which was organized under the County Court Drainage law.

Real and tangible personal property assessable by county assessor under House Bill 469. State alone may assess intangible personal property under Article X, Section 4c, Constitution 1945.

Several questions concerning parking of vehicles on state highways, and authority of the Highway Patrol in connection therewith.

The legislative body of a political subdivision which has established an airport may establish a board or body to administer the same.

Authority to promulgate regulations requiring proof of registration of fictitious name as a condition precedent to securing Missouri real estate broker’s license.

Construing Section 10463, p. 889, Laws Mo. 1943.

(1) University of Missouri may charge Veterans Administration non-resident tuition fees for resident veterans; (2) Lincoln University may charge Veterans Administration non-resident tuition fees for resident veterans; (3) State Teachers Colleges may charge Veterans Administration non-resident tuition fees for resident veterans.

Probate Court has authority under Section 605, R. S. Mo. 1939, to commit a veteran to an institution outside the State of Missouri.

Right to exemption from taxation of real property belonging to German Saint Vincent Association.

School districts cannot issue bond to buy school busses.

Duties of County Collector with respect to acceptance of tender of payment upon separable items of property.

Not authorized to appropriate township funds to make deposit in county treasury of sum fixed by county court as probable amount of damages to landowners in a proceeding on petition of 12 freeholders of township to establish road ordered established at cost of petitioners.

Sentences to different institutions are cumulative and not concurrent.

Treasurer cannot receive extra compensation for taking care of accounts of county toll bridges.

Compensation controlled by statute.

Entitled to be reinstated under Section 14968, page 859, Laws of Missouri, 1943, by the fulfillment of the requirement of the statute. Publisher defined.

An attorney-in-fact may not swear to the registration and anti-trust affidavit of a corporation under Sec. 119, page 472, Laws of Mo., 1943. Exception found in this section not applicable under the facts presented.

Maximum age which boys can be committed to the Missouri Training School for Boys at Boonville, and the use of certified copies of birth certificates as proof of age.

Probate Judge shall be licensed to practice law in this state, except that probate judges in office at the time of the adoption of the Constitution of 1945, may succeed themselves without being so licensed.

The County Court of Adair County is not authorized to donate money for a building in which to locate a glove factory in the City of Kirksville, Missouri.