Missouri AG Opinions — 1937

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.

School house may not be sold until another house is provided.

Vacancy in City Council, how filled, and reorganization pursuant to vacancy.

Jury costs, under Section 8774, after a mistrial and a compromise between the parties in which each agrees to pay half, should be six dollars for each party.

The Legislature has a right to pass a law which will become effective two years in the future.

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.