Missouri Attorney General Opinions

Not subject to inspection as provided in Section 13120 R. S. 1929.

Board of Pharmacy may make rules and regulations not inconsistent with the provisions of the law, so as to determine one’s qualifications for a license as a pharmacist or assistant pharmacist.

Property purchased with funds received under World War Compensation Act subject to State and County Taxation.

If plates are lost or destroyed by seizure or otherwise duplicates must be issued.

Receipts derived from an insurance policy by State Teachers College may be used to restore or build a building, and it is not necessary that the same be deposited with the State Treasurer.

Duty to repay money received as compensation in excess of that authorized by law.

Hollywood and similar theatre schemes.

(1) When interest and penalties may be abated.; (2) Taxation of the interest of partner in partnership property.

Power to execute state warrants.

May not enact rules compelling the attendance of students at religious exercises.

Need not be a taxpayer to hold the office of alderman in a city of the fourth class.

Supervisor must fix maximum for board and lodging; examiners exempt from provisions of the statute and are allowed maintenance while at headquarters if given to them by supervisor.

Theatre scheme similar to “Bank Night”.

No provisions licensing persons for sale of intoxicating liquor and beer on boats or vessels.

Expenses, mileage and per diem for traveling outside the county. Right to per diem for same day as County Court and County Board of Equalization.

Circuit clerks are entitled to fees earned although not collected during the year for which they are earned, but collected in subsequent years, for one year’s service.

1. Any surplus remaining at close of fiscal year may be used to pay outstanding valid county warrants for previous years.; 2. Warrants should be paid according to registration.; 3. Section 14 of County Budget Act applies to counties of more than 50,000 population.

Chattel mortgages that have been filed and not recorded may be subsequently withdrawn and duly recorded, according to law.

Power of Legislature to employ additional employees to assist Investigating Committee under House Resolution No. 60

Reciprocity or comity between states is recognized by Section 7768, R. S. Mo. 1929, as it relates to licenses of motor vehicles.

(1) A person discharged by justice on preliminary examination for felony may be brought before another justice in the county and another preliminary held. (2) A person may be committed to the School for Feeble Minded whether under or over age.

State lines, as well as other lines bounded by a river change with the gradual changing or the course of the river, but do not change if the change is sudden and by avulsion.

I. Probate Court not entitled to Appraiser’s fee.; II. Nephews of an intestate decedent entitled to exemption of $500.00 each.

Small loan companies not permitted to contract a charge for attorney fees and collection costs when making loans.

Use of fictitious name as a violation of criminal law.

(1) The amendment does not empower the Conservation Commission to make its own laws independent of the Legislature.; (2) A statute enacted by the Legislature empowering the Conservation Commission to make its own laws would not be valid.; (3) Amendment does not authorize Commission to determine who shall buy licenses to hunt, etc. And four other questions.

Liability of sheriff and sureties for embezzlement, and method of proceeding against same, particularly as to escheats. Time when breach of bond occurs where more than one sheriff involved.

A prosecution under Section 4143, R. S. Mo. 1929, must show a willful and malicious intention to destroy landmarks.

1. An order of the county court exonerating county officials under an audit, from charges of fraud and embezzlement and stating the officers are not liable for any shortage is not an estoppal or res adjudicate which prevents actions if it is found such officers actually are indebted to the county court.; 2. Sec. 11816 must be followed in the event the county officers owe money to the county.; 3. Sec. 12165, Laws Mo. 1933, p. 356 contains amount allowed county clerk or other person designated to prepare financial statement.

Banks may pledge their assets to secure public funds where authorized by statute. Depositories of county, cities of 3d Class, township, school districts & levee and drainage district discussed.

It is necessary to the validity of the court order committing an insane person to an asylum that said order show notice and that the same recite the alleged insane person appeared in person or by attorney.

Taxability of moneys received as damages under Federal Employers’ Liability Act.

Northeast Missouri State Teachers College has authority to buy insurance for its protection and to pay for the same out of the incidental funds which are not appropriated by the Legislature.

Term of office. Eligibility to office not affected by time of filing surety bond.

Under special Charter, Legislature cannot amend a charter of a city under special charter, but enactment of a law uniformly to apply to all cities under special charter permitting the levying and collecting of taxes.

Fee must be paid or tendered to recorder before instrument entitled to record; Recorder not liable on his bond for neglect unless fee is paid or tendered.

The Legislature may pass such laws as it may deem proper in aid of but not inconsistent with the provisions of Amendment No. 4.

Person must release within thirty days after date of payment of deed of trust or mortgage, after request; and failing to do so penalty attaches.

Entitled to stationery Record Books, Printed Receipts and Stamps from County Treasury.

Funds for purchasing road machinery cannot be taken from Class 3 under Budget Act.

Must carry out the duties of county treasurer on and after January 1, 1937 and shall receive no additional compensation, in counties of less than 40,000 population.

Escaping jail. Aiding prisoner to escape.

County Court is authorized to fix the number and compensation of deputies to the Circuit Clerk, and the Clerk must abide thereby.

Persons licensed in foreign states are not permitted to come within this state and conduct examinations without first having applied for and received license to practice medicine and surgery within this state.

May contribute district funds to purchase of right-of-way within the district of roads, but may not do so outside of the district.

Distributable property assessed by State Tax Commission; non-distributable property is local property and is assessed by the county assessor.