Missouri AG Opinions — 1942

Appropriation for board limited to $10,000.00 for any biennium.

Missouri State Feed Law does not apply to feed for game birds or fur bearing animals.

Notice of assessment by Assessor.

District of child’s residence is liable for tuition, under Sec. 10458, R. S. Mo. 1939, but “residence” is a question of fact.

Beginning and ending of term.

Member of the legislature may serve on the county rationing board.

Statute providing for nominations by certificates is not repealed by act of 1941.

Prosecuting Attorney’s and Surveyor’s office incompatible and cannot both be held by same person at the same time.

Two questions involving names of naturalized citizens.

Boys of 14 and 15 may be employed as telegraph messengers if they procure proper work permits, but such permits would not protect the employer of such boys if such employment turns out to be an employment in interstate commerce.

Portion of district cannot be annexed to city district unless at least thirty (30) children remain in the district.

A person owning or holding property in Missouri on the first day of June, is liable for taxes thereon, regardless of the fact that he has been assessed in another state for taxes on such property.

Restriction agreement filed after deed of trust does not apply to purchaser at trustee’s sale.

Body of person killed on railroad right of way should be removed and some representative of railroad left with remains until coroner arrives.

Sentences to said School are concurrent, unless ordered by court to be consecutive, and absent applicable statutory provisions to contrary. Board of Probation etc. has power to issue and revoke paroles from said School.

Interpretation of Section 9452, R. S. Mo. 1942.

Army Post Exchanges and C.C.C. camps’ canteens not liable for “gallonage” on intoxicating liquors and non-intoxicating beer, as it is collectible from manufacturer or first vendor.

Under the Soldiers’, etc. Civil Relief Act of 1940 a mortgagee cannot repossess an automobile bought by a person in military service prior to Oct. 17, 1940, if the mortgagor is unable to pay because of his military service.

Section 14264 Laws of Missouri 1941 survey is so indefinite that it is unenforceable.

Indigent insane must be resident of county before he may be admitted as a county patient.

In re exemptions of American Royal Buildings, American Royal Annex and American Royal Parking Lot.

Recorder may indicate partial release of personal property in chattel mortgages.

National Banks may pledge their assets to secure the public funds of a city of the fourth class.

School board cannot use surplus to purchase defense bonds.

Commissioners of special road districts not authorized to levy a tax.

Central committee of political party can only fill vacancies on a ticket after the primary when nominated candidates die or resign.

School moneys in counties under township organization should be turned over to township trustees.

May be used for meetings of general public interest when such use does not interfere with regular activities.

Vacancy occurring in a town or city school board should be filled at the next annual school election, regardless of when the vacancy occurs.

Registration day should be included as a school day in report of district clerk.

Rates of taxes for school purposes in cities, towns and consolidated school districts.

Disposition of balances in County funds.

Serial number on ballot must be covered by black sticker.

Judge of Circuit Court may act as executor of will and trustee of estate.

County Court cannot purchase supplies for Probate office unless there is a surplus in class five or six.

Governor may order audit of township under Section 13105 R. S. Missouri, 1939.

Road district under township organization cannot repair roads in cities.

Four questions in regard to who issues the license.

Public Administrators must turn over all money, property and papers belonging to all estates in which final settlement cannot be made during first regular term of probate court after the expiration of one year after successor takes office.

A political party of the City of Independence has a right to select a city committee to perform such duties as are given either expressly or by custom and practice.

How paid for performing duties as Supervisor of Transportation.

Certificates of nomination filed with Board of Election Commissioners.

Commissioner of Special Road District – while employed by District – cannot recover for loss of time and medical care.

Use tax under H. B. 516, Laws 1941, p. 418, applies to interstate commerce.

The Governor and Attorney-General, when reviewing decision of Board, must affirm or overrule in toto, cannot modify.

County officers in counties under 50,000 population may purchase own supplies.

Assessor should list all property, real or personal on the list of each taxpayer.

Commissioner of Agriculture may hold essay or poster contests in schools to carry out purposes of the State Fair Act.

Collector must bring suit on merchants and manufacturing bond before he can obtain credit for tax.

The sales tax should be collected on tangible personal property sold to the county court if the seller is engaged in the business of selling such property.