Missouri AG Opinions, 1934

I. Relating to the methods of collecting delinquent poll tax.; II. Relating to the authority of town and villages to pass ordinances disfranchising those subject to payment of poll tax, who become delinquent.

Duty to receive and receipt for money tendered him, asserted to be county money.

County Court cannot pay cost of rights-of-way in Special Road Districts out of expenditures in Class 3, but must pay same out of expenditures in Class 5.

Past due bonds and coupons of drainage and levy districts may be used to pay tax imposed for purpose of paying such bonds and coupons. Section 9911 R. S. Mo. 1929.

Employment of teachers and number thereof discretionary with board—contingent upon funds in possession or amount voted.

National Bank not permitted to pledge its asset to secure deposits of Northeast Missouri State Teachers College.

Relating to the changes made by the Legislature in 1933 concerning the State Board of Health and Health Commissioner; the duties of the State Board of Health in relation to the Health Commissioner; and changes relating to the by-laws, under the statutes governing the operation of the board.

Relating to power of county boards of equalization to make assessment of property omitted from assessor’s books.

Cities or counties that have registration of voters may not take advantage of Sec. 10389, i.e., has to appoint two judges and two clerks-such cities or counties are governed by the General Election Law.

Cities of the Fourth Class shall elect and qualify for Mayor and Aldermen in the following manner.

“Bank Night”

County Board of Equalization must equalize assessments to reflect true values.

Penalties and Interest on 1932 taxes same as for 1933 taxes under House Bill #124.

Method of collecting delinquent taxes-qualifications of town trustees-method of removal of unqualified members of a school board.

Construction of Section 13569 R. S. Mo. 1929.

Duty to include all costs in criminal costs bills.

Answering six questions relating to various phases of the Act.

Under Section 8026, R. S. Mo. 1929, Mayor, City Council and Judges of the County Court elect Commissioners. If one member of City Council participates in the election of relative within prohibited degree, such election would be illegal.

Shall forfeit office and be remove, when?

Right of City Council in Louisiana, Missouri, to appoint a brother of one of their members as an election judge in a city election.

Approval of contract for modernization of elevators in Capitol Building.

Sufficiency of statutory penalty for operating a motor vehicle on highways without license plates.

Child whose parents do not support her and who is making a permanent or temporary home with her grandmother, is entitled to be educated in the district in which she lives, without the payment of tuition.

Railroad Company may eject an intoxicated person on train.

Salary of official court reporter should be in Class 4.

It is not in conflict therewith for the County Court to contract and make an appropriation for three years for extension work in the county.

Abandonment defined.

Section 12293-12298, inclusive, or other sections of Chapter 86, R. S. Mo. 1929, do not require Clerk to itemize individual warrants in making report.

Intoxicating liquor may be sold in original package not for consumption on premises anywhere in Missouri when proper licenses are obtained. Definition of “city” in Sec. 13-a applicable to whole Act. County court has only power to issue licenses-cannot regulate.

Owner of vehicle does not need a Chauffeur’s or registered operator’s license.

Warrants reduced to judgment do not lose their priority nor does the judgment extinguish priority.

Under Section 7782, para. a, to tamper with an automobile is a crime, and according to Webster, to tamper means to alter or change without right. Since our courts have not interpreted the word we cannot definitely say whether a person who removes a part and carries it away should be prosecuted under said Section, instead of under the Larceny section.

Transportation Fund received from State should be placed in Incidental Fund. Warrants in payment of transportation should be issued and paid from the Incidental Fund.

Of no force or effect prior to effective date.

An Indictment obtained before repeal may be prosecuted after repeal.

Probate Court may not have more than one clerk in one place but deputy clerks may be appointed in same place by the clerk with the approval of the probate judge.

Prosecuting Attorney may only be removed under Section 7929 when notice to institute suit has been given by a road overseer, county or state highway engineer.

1. To consolidation of offices of County Treasurer and Collector in certain counties.; 2. To time of election of party county committee.

Relating to fee for registration of hairdressing cosmetologists or manicurists establishment or school.

Book Fund can only be used for the purchase of free textbooks.

An opinion relating to the payment of delinquent county warrants.

What disposition is to be made of money in County Treasury to the credit of said fund under Sections 10052-10063 R. S. Mo. 1929.

Relating to authority of other states to prohibit sale of “prison made” goods within such states. Determined in the light of the commerce clause as affected by the power conferred under the Hawes-Cooper Law.

Relating to classification of trucks which come under regulations of P.S.C. and discusses interstate and intra state transportation.

State Tax Commission, authority to appoint agents to investigate property omitted from assessment lists and to provide for their compensation.

Effect of County Budget Law of 1933 (Laws of 1933, page 340) upon statutes regulating pay of jurors (R.S. Mo. 1929), Sections 8765, 8767.