Missouri Attorney General Opinions

Board must hold annual election of officers.

Section 863 R. S. Mo. 1929 applies to actions against an officer to recover excess salaries, absent fraud.

Proposed escrow agreement in connection with the Old Age Assistance Commission of Iowa must be acknowledged, real estate described, same must be recorded with the Recorder of Deeds. Recorder of deeds to receive regular statutory fee, and all executed according to the laws of the State of Missouri.

Payment of costs of printing delinquent lists.

Respecting Attorney’s fees in delinquent personal tax cases.

Descriptive terms in English or foreign language are not subject to registration under the trademark law.

Salary of Janitor should be in Class 4. Estimate for Sup’t. of County Farm should be placed in Class 5, when superintendent is not paid regular salary but receives compensation from the county court for boarding and maintaining each inmate.

Who entitled to surplus received from tax sale.

Who has right to money in seized slot machines?

Method of releasing chattel mortgage.

Cannot make gift to deputy sheriff injured in line of duty.

County Surveyor cannot hold office of County Administrator of W. P. A.

Persons who deal in selling ice at any stand must obtain merchandising license and execute surety bond.

Special tax levy of .07 authorized by section 7891 is not to be included in the term revenue as used in the Budget Act.

Orphan children permitted to attend school in any district in which such have a temporary or permanent home and are unable to pay tuition fees.

Persons seeking to incorporate doing a safety deposit box business, must comply with the provisions of Article 5, Chapter 34, R.S. Mo. 1929.

Illegal for State, County or municipal officer to accept or use pass issued by railroad company in consideration of such officer acting as local attorney.

Neither has authority to issue embargo prohibiting shipment of apples into this state.

Cannot claim commission on school funds as provided in Sect. 9266, R.S. 1929 if funds of consolidated school district are paid direct to the treasurer of the district as provided in Sec. 9340, R.S. 1929.

Banks have authority to pledge assets to secure loans for purpose of merger or consolidation.

A motor vehicle used to transport other motor vehicles would have to be registered and have license plates designed and provided for “commercial motor vehicles” as defined.

It is not illegal for Circuit Clerk Ex-officio Recorder of Deeds to direct couples to ministers or other persons authorized under the statutes to perform marriages.

Use of school property for purposes other than instruction to pupils is discretionary with the Board of Directors.

City’s police power and building regulations apply to county property within the city.

Deputy Circuit Clerks in Shelby County entitled to compensation fixed by County Court within Statutory limitations.

May institute proceedings to revoke license on complaint of any citizen. May institute proceedings upon information without complaint having been filed.

County Treasurer is not liable if warrant is regularly issued and regular on its face – is liable if same violates County Budget Act.

Curators of Lincoln University not entitled to per diem and mileage except within the State and not for a greater distance than from Curator’s home to place of board meeting.

When the sheriff or police officer is entitled to fingerprint and photograph without incurring personal liability. Admissibility of photographs and fingerprints in evidence in criminal cases.

Circuit Clerk and Ex-officio Recorder shall pay excess fees quarterly to county treasurer.

Judges of County Court cannot borrow money personally to pay unappropriated debts of county.

Denied the right to become interacted in contracts made in their official capacity.

Irregular route permit does not authorize servicing points serviced by regular route permit holders. Venue is in any county through which goods are illegally hauled.

Taxability of (a) life insurance; (b) Insurance trusts; (c) annuity contracts.

Tax sale under execution to highest bidder—costs to be first paid.

Employees of Federal instrumentalities are not required to have a Missouri certificate as a registered operator of an automobile.

Members of the State Tax Commission required to give bond in the amount of $10,000 and payment for premium for a surety one cannot be paid out of appropriations to Tax Commission for operation.

Surplus of proceeds of tax sale to be paid only after order of County Court.

When surplus exists from sale of land for taxes, Collector may pay same to person legally entitled thereto; if two parties claim same, collector shall pay it to the County Treasury and county court may determine claims and pay to proper person any time within 20 years.

Conversion of building and loan associations to Federal institutions. See our opinion dated March 17, 1934.

Defective child if not given education by parents until such is 16 years of age, then State Home has right to cite said children and parents before the juvenile court to have said court declare such child neglected, and after declaring such child neglected the custody of said child given to Children’s Home.

Collection of delinquent real estate taxes in cities of the third and fourth classes.

A flag of the United States shall be flown during school hours, except during rainy or stormy weather.

Entitled to no fees for attempting to serve capias.

Under the provisions of House Bill No. 32, cities may regulate the hours of closing of barber shops alone or vice versa.

Sales of electricity, gas and water to cities for street lighting, white way system, traffic signal lights, etc., are not subject to the tax.