Missouri Attorney General Opinions

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.

Social Security Act does not repeal, expressly or impliedly, the Act creating Social Welfare Boards in counties having a city or cities of the first class.

County treasurer should preserve priority payment according to classes. Not necessary to retain funds in any one class to the detriment of other classes in advance of the time payments are due if the priority can be preserved; not necessary for County Treasurer to determine amount of salary court reporter should receive under Sec. 11720; County Treasurer incurs no liability under Sec. 8 of County Budget Act if warrant is legal on its face and comes within the terms of the Act.

Premium on surety bond may be paid by county if officer elects to give same, and county court approves.

Can only receive compensation for making one copy of statement for the publisher.

Rural Electrification Co-Operative Associations to pay the sales tax for electric current and energy purchased from the seller of such current.

Eligibility of applicants – Missouri School for the Deaf.

Term “operation,” as used in the appropriation act, authorizes expenditures of preliminary expenses.

Sentences are to run concurrently from the date rendered unless the sentencing court directs sentence to commence at a future time.

County court must use surplus funds of the year 1935 after all classes of the budget act have been properly cared for, for the purpose of paying outstanding warrants of previous years.

The Health Commissioner of the City of St. Louis is without authority to promulgate a rule requiring that the dead bodies of deceased persons must be embalmed before removal from said city.

County and township ex-officio collectors’ compensation for collecting current and delinquent taxes.

Has jurisdiction over purchases of raw material for the Department of Industries of the State Prison.

Contents of window and door plate notices.

1. County Court cannot use funds of the county to build bridges in special road districts.; 2. No funds budgeted under class 3 can be used for the repair, upkeep or building of bridges in special road districts.

The Food and Drug Commissioner cannot collect inspection fee on carbonic gas.

For summoning petit jury and for apprehension of fugitives.

A private person who transports school children to and from school without compensation does not “operate” school bus.

Wrecking of buildings housing prison industries in order that new ones may be erected by the State Building Commission does not violate statutes relating to operation of prison industries.

Express provision for allowance of pay for words and figures does not permit the counting of punctuation marks and ditto marks.

An estimate may be withdrawn and another substituted if done before the first estimate has been acted upon.

Assessments in a county or city of the third class must conform in value.

Cities of the fourth class are prohibited from issuing warrants in excess of the amount on hand in the treasury, by Section 7015, R. S. 1929. A warrant so issued is void.

Consideration affecting transfer in contemplation of death.

Owner of stallion has lien on foal for one year.