Missouri AG Opinions — 1938

“Somebody’s Night”

Names of candidates on primary ballot must be alternated. Cost of such printing is matter of contract.

County court must pay publication of county financial report when compiled according to law.

County committee may certify nominations to fill vacancies on ticket not later than ten days before election.

Candidates for township offices and committeemen and committeewomen not required to pay fee for filing declaration papers.

Sheriff entitled to fees, as set out in Section 11791, for duties performed under Section 3791, Session Laws 1937, page 222.

Scientific research and printing supplies.

Sufficiency of Petition.

Witnesses’ fees earned by members may be retained except in state criminal cases. Where retained expenses are not reimbursed by State.

Court orders in sales of real estate of banks in liquidation, need not be recorded in counties where liquidation is being had.

Construction of Section 4308 R. S. Missouri 1929.

Sales of admission tickets, cash admission, charges and fees to or in places of amusement, entertainment and recreation, games and athletic events are subject to sales tax by the City of St. Charles.

Recognizance of witnesses taken by justice of the peace in a felony case should be for appearance of witness in circuit court and in case such witness refuses to give such recognizance and is committed, he should only be held under such order of commitment of the justice until the day he is required to appear in circuit court after which time the recognizance for appearance should be required by the circuit court.

Five shares required of directors may be full paid or installment shares. Directors having loans before Section 5593 went into effect do not have to liquidate same.

Stipulated premium company may not amend charter as burial society by resolution.

The official acts of municipal officers whether they are acting as de jure or de facto officers have the same force and effect upon the third persons and the public.

An officer may not be elected to another office during the term of his office, and if he is elected and enters upon the duties of such other office, a vacancy exists in the office held and an appointment to fill the vacancy is in order.

Where can headquarters be legally located?

No authority to sign contract for architectural services for construction of Missouri Building at 1939 New York World’s Fair.

A boy convicted while under 17 years of age cannot be transferred to Algoa, and if a fugitive, sheriff is entitled to fees for returning to the Missouri Training School for Boys.

Game fish taken from waters of another State can be sold in Missouri (Section 8275)

The statement that the “State of Missouri guarantees insurance” is untrue and persons making and causing to be published such statements violates the provisions of Section 4308, R.S. Mo. 1929, and is liable for the penalties imposed therein.

Sheriff or his deputy must be in attendance of the court for which he claims a fee of $3.00 per day. Sheriffs in counties not under township organization are not required to open board of equalization, and are not entitled to receive three dollars per day while board is in session.

Income taxes collected by said officer should be included with other state and county taxes collected by him, and this total sum used as a basis for arriving at compensation.

Contract may be amended to permit a retention of 10% on payments to the contractor on monthly estimates.

Court orders in sales of real estate of banks in liquidation need not be recorded in counties where liquidation is being had.

In counties of 200,000 to 400,000 population, clerk of Board of Election Commissioners cannot hold office of treasurer of municipality.

Board of Education need not print the names of candidates for directors on the ballot, but if names are printed all known candidates should have their names on the ballots.

The notice of election to vote on bond issue should contain the time the polls open and also the time they close.

Prosecuting Attorney may tender resignation to the Governor.

1. Interpretation of Section 9950, Senate Bill #94, as to compromise of taxes.; 2. Redemption. Resale.

Sales tax due and collectible at time title to tangible personal property passes unless the sale is a charge or time sale. If chattel mortgage and note are given for balance of purchase price, tax is to be collected.

Weekly drawings.

Four questions on registration and elections in cities of 30,000 to 80,000 population (Joplin).

Fund for withdrawal must be divided pro rata among all shareholder. The “receipts” used in Section 5604 means net receipts. Pro rata share determined from amount actually due.

Authority of a county to levy a tax, in addition to the constitutional maximum, to pay outstanding warrants.

Club holding 3.2 percent. Members thereof may not store intoxicating liquor in lockers on premises.

State Cancer Commission may expend funds to establish hospitalization for Cancer patients prior to construction of State Cancer Hospital.

Premium of surety bonds of circuit clerk if consented to by the governing body in accordance with Section 1, page 190, Session Laws of 1937, must be paid by the county court direct and not allowed under the County Budget Act of 1933.

Against public policy for Board to pay for bond supplied by Steward for himself and written by himself as agent for the Insurance Company, unless complete disclosure of all the facts has been made and approved by the Company.

County clerk has authority to appoint deputy county clerk to issue absentee ballots only at county clerk’s office at county seat.

Notice to change school district boundaries and persons qualified to vote.

Sheriff not entitled to fees for mileage in making investigations.

Contract made by old Board for printing is binding on new Board.

Recorder of Deeds is bound to require statutory fees before recording written instruments.

It is the duty of the County Assessor to compile a land list or real estate book for assessment purposes, and the County cannot necessarily be required to pay the Assessor therefor. Supplemental opinion to #59-8-24-37.

Sufficiency of formal account in demands for expenses of Reformatory inmates.

Shall collect 5% of all the gross receipts of every boxing, sparring or wrestling exhibition held.

Section 5768, Article IV, Chapter 37, R. S. Missouri 1929, requires policies issued under stipulated premium plan to specify sum of money payable upon happening of contingency insured against.