Missouri AG Opinions, 1941

County may finance the improvement of roads in common road districts out of surplus road funds.

Nurses’ Home cannot be constructed under levy for construction of a county hospital.

County court can, at any time, require additional bond to be furnished by county collector if a mistake was made in the amount of taxes collected in the years previous to his election.

Establishment of journalism school 7 months after demand is within a reasonable time.

County court can refuse to pay for publishing notice to delinquent personal taxpayers that a suit would be filed against them for personal taxes.

Notice not required taxpayer on personal property and penalties accrued are payable by the taxpayer and cannot be abated by the county court.

Salaries of employees under the Commissioner of Agriculture must be paid from the specific appropriation for each department under the Commission.

A father is not related to the sister of his son’s wife by affinity, and the appointment by the father of such person as an official clerk does not violate Sec. 13, Article 14, of the Constitution.

Commissioner of Health has a right to investigate the health conditions of a county jail, and should report his findings to the County Court and the Circuit Judge of the particular county, and may furnish his report to the City Council of the city in which the jail is situated.

Valid marriage affects emancipation of child from parental control, and parental consent for vaccination of married minor not necessary.

Commissioner of Health is under no statutory duty to post bond before entering upon the duties of his office.

Sheriff is only entitled to a reasonable amount allowed by the circuit judge and prosecuting attorney for the board and lodging of a jury.

Section 13, of Article XIV, of the Constitution of Missouri, does not prohibit the appointing by a public officer of a husband of a wife whose great grandfather was the brother of the grandfather of the office holder.

May not display placard bearing words “License Applied for” as substitute for registration plates; approved information for such violation.

If passed and approved will not affect present compensation of any officers except circuit clerks and prosecuting attorneys.

County Board not bound by valuations of tracts fixed by the Assessor.

Township boards in counties under township organization levy taxes in subordination to the county court and the total levy made by the county court and township board shall not exceed the constitutional limit.

Change in the fiscal year would require enactment of Constitutional Amendment and cannot be changed by statute.

Apprehension pending Governor’s warrant; arrest on suspicion; affidavit before justice of the peace by competent witness sworn to in Missouri; examination.

Tax liens on property acquired by county at school fund foreclosure are extinguished.

Article 10, Chapter 46, makes no provision for the appointment of a trustee where such district is disorganized under Section 8706 R. S. Missouri, 1939. Therefore, must resort to circuit court for the appointment of trustee.

A law providing for remission of penalties on delinquent taxes in certain parts of the State is unconstitutional.

Sales tax on coin operated games and devices constitutional.

Sales Tax Act applies to retail sales of intoxicating liquors and non-intoxicating beverages.

Board of Election Commissioners of Kansas City, because of special statutes, may employ and pay extra help in conducting recount in gubernatorial contest.

Bonds deposited in banks and trust companies do not have to be inspected by Governor, Attorney-General and State Treasurer personally, but such duty may be delegated.

In the county budget, the traveling and hotel expenses of the circuit court reporter should be classified as class 2.

Compensation can not be increased during term.

Expense for stenographic hire for prosecuting attorney can only be paid out of surplus, if any exits, or class 6.

Section 11106 applies to compensation as ex-officio collector and section 13450 does not.

Benefits for teachers in St. Louis. Act can include requirement that teacher reside in St. Louis during time required for obtaining pension; not necessary to pass amendment to the Constitution for legislative act to be valid for teachers only in St. Louis.

The manner of filling unexpired term for the office of alderman in a city of the fourth class.

County court cannot return money transferred under Section 13829 to drainage districts after money has been taken into consideration for estimates for 1941. Can give drainage districts any surplus remaining in classes.

Justice of the peace appointed upon petition may hold court any place in township.

Foreign associations advertising in newspapers are not doing business within this state.

Repair of operative equipment can not be paid out of appropriation for operation.

Voters of consolidated school district cannot authorize additional levy of ten cents in excess of One Dollar for repairing and furnishing colored school.

Sections 15387 to 15390, inclusive, R. S. Mo. 1939, are valid and existing statutes and do not conflict with the authority of the State Park Board.

Change in salaries occasioned by change in population should be effective as soon as changed report of population is available.

Not liable for donation to special road district made by county court if donation is legal, unless funds are taken from the five classes of the County Budget Act.

Assessor is entitled to compensation for list for each joint owner of real estate in tenancy in common, joint tenancy or separate real estate of husband and wife.

State or county not liable for costs or damages where injunction suit is dismissed by prosecuting attorney.

Right to rescind construction contract by mutual consent by paying for work and materials actually furnished; payment of any sum in excess of money actually earned by contractor under a contract is illegal.

Not authorized to issue check in payment of judgment until warrant was presented.

Preparation of financial statement.

Regulation of State Auditor imposing a use tax on property bought outside the State of Missouri and on property bought in Missouri by non-resident where property is not consumed in Missouri but is bought with intention of transporting to another state for use is invalid.