Missouri Attorney General Opinions

Use of fictitious name as a violation of criminal law.

County Clerk incurs no liability by issuing warrants out of the 1937 revenue for 1936 expenditures, provided such warrants do not violate the priorities of the classes in section 2 of the County Budget Act. Warrants are invalid which are issued from the 1937 revenue for 1936 expenditures.

Nine questions regarding primary and general election laws of Missouri.

Land owned by cemetery company and not used for burial purposes is subject to taxation.

Persons charged with the larceny of a motor vehicle or any part thereof, when found guilty, the punishment shall be assessed in accordance with the provisions of the Motor Vehicle Act.

Persons preparing and serving meals in a dining room in connection with a hotel are not merchants.

Mr. Anthony A. O’Hallaron

(1) Moneys paid by employers under a State unemployment insurance law are not necessarily “state funds” within the meaning of Art. IV, Sec. 43, Const. of Mo.; (2) Such mandatory payment is not violative of the “due process” clause, and if a tax is for a public purpose.

District may insure in non-assessable reciprocal insurance.

Counts for felony and misdemeanor may not be joined.

Salary may be paid from bond issue, absent bond provisions to the contrary, but township board cannot, directly or indirectly, employ president thereof as supervisor.

Personal property of Naval Reservists subject to property tax.

If County Court compromises taxes in accordance with Sec. 9950, Laws 1933, p. 427, County Collector is not personally liable.

Tenure of Office.

Number of Judges to a Precinct.

Publication of general election notice in two newspapers in each county.

Judges of election should be selected or approved by entire central county committee.

Public Service Commission Act supersedes any contract between city and utility as to purity of water.

Form of Collector’s Deed

Refusal of administration as provided in Section 2, R. S. Mo. 1929.

Voters may take sample ballots to election booths.

Chattel mortgages on unplanted crops are equitable liens. If mortgagee is in possession, his rights are superior to third parties. (Cases distinguished.)

State Board not relieved from liability to pay funeral expenses of deceased pensioner because he carried policy of insurance in the amount of $108.00 payable to his wife.

Free birth records, when available, are to be furnished for use in perfecting claims for United States Soldiers’ pensions.

Assessor not entitled to qualify if owing delinquent city taxes.

Re: Federal Loans to Cooperatives; Exemptions from certain taxes; Sections 12676 et seq; Sections 12706 et seq; Sections 12748 et seq, R. S. 1929.

Candidate who has paid filing fee to Treasurer of Central Committee and filed timely declaration is entitled to have his name printed on the official ballot, but Treasurer of Central Committee should transfer fee to County Treasurer.

Failure of County Clerk to publish notice, as required by Section 10256, R. S. 1929, of offices to be filled, does not invalidate primary election.

In computing the inheritance tax a deduction for debts of the deceased may be allowed only to the extent of the amount actually paid the creditor, and not as to the face amount of the debt existing at the date of the death of the deceased.

Federal employees exempt from jury service when?

Mayor cannot compel city council to ratify his appointments; Mayor cannot make appointments without the consent of majority of city council.

If securing a series of over $100,000, may be released without production or notes under Section 3083, Laws. Mo. 1933, p. 194.

When warrants may be issued on anticipated revenues.

May retain as own fees provided in Section 7887, R. S. Mo. 1929, in addition to salary.

Sec. 10310, Laws of Mo. 1933, p. 228 is mandatory, and not directory in the counting of votes when it states that the same shall not be counted.

Approval of Articles of Association of the Group Hospital Service Inc.

May demand taxes derived from property within district immediately after formation is completed, but cannot receive taxes for fiscal year prior to formation.

(1) Territorial jurisdiction of crimes is limited to statutory and constitutional boundaries which change by “accretion” but not be “evulsion”.; (2) Netting of fish in April and May in Missouri waters is a misdemeanor.

Entitled to change of venue fees from other counties in addition to salary, same being non-accountable fees.

Cannot offer reward under Sec. 3589, R.S. Mo. 1929 unless some person be charged with a felony or convicted of a felony and flee from justice.

Must state monthly wage and be definite and certain.

Duly authorized agency to receive Federal Social Security Funds for health work in Mo.

Applicant may appeal to the Circuit Court from the decision of the State Board as to amount of assistance allowed.

Liable personally on official bond for negligence in performing duty.

Not entitled to retain drainage tax fees under Sec. 10879 in addition to maximum amount of fees he is entitled to retain under Sec. 11786, R.S. Mo. 1929.

Is mandatory upon the board of directors to pay high school tuition, and voters cannot vote not to pay same.

Newspaper distributed gratuitously not qualified for legal publications.

Maximum penalty interest collectible on delinquent personal and real estate taxes.

Proper method to be employed in assessing inheritance tax against legacy to husband and wife.

Sheriff can succeed himself in office when?