Missouri AG Opinions — 1945

Method of assessing property of manufacturing corporations.

May transfer unexpended balance to road and bridge fund and building fund after all outstanding warrants have been paid.

Applicability of Sec. 7, Art. IX, of the Constitution of 1945 to outstanding school fund loans and to investments of the capital of county and township public school funds.

May recover money expended for necessary extra clerk hire.

Grant by the County Court of one thousand ($1,000) dollars or more to the American Legion Post of Vienna, Missouri, for the erection of a building in which to hold American Legion meetings.

(1) Cannot organize firm, partnership or corporation for purpose of operating convalescent home or poor farm; (2) may contract for care of poor with private individuals.

Children born in wedlock are presumed to be legitimate, but if person filling in standard certificate of live birth is informed that child is illegitimate it must be so recorded on certificate.

The provision in House Bill #361 passed by the 63rd General Assembly does not restrict the use of money appropriated for the tuition of students in out-state institutions to those institutions which are tax-supported.

Deputy probation officers in Jackson County may receive not to exceed $3,000.00 per annum; Clerks and stenographers may receive not less than $1500.00 nor more than $2400.00 per annum; all of said salaries to be set by the Circuit Court.

Consolidated district not required to furnish transportation for elementary pupil assigned to a school in another county when such other school is within 31/2 miles of the pupil’s home.

Changes in New Constitution will have no effect on the present school year’s income. The assessment now being made on merchants’ and manufacturers’ will be available for the fiscal school year of 1945-1946.

Taxing of raw materials and stocks on hand.

Certain parts of Senate Bill No. 32 unconstitutional.

Construction of Sec. 8485, R.S. Mo. 1939, in view of facts stated in request.

Member of General Assembly ineligible for appointment as a member of the local Board of Public Works for the City of Bowling Green, Missouri.

Notice of annual or semiannual meetings.

Authority of co-operative corporations organized under Art. 28, Chap. 102, R. S. Mo. 1939, to deal in the buying and selling of agricultural products.

(1) Necessity of appropriation by General Assembly for payment of salaries of members of Commission; (2) Right of Commission to reimbursement for outlays for necessary clerical help.

Cannot require licenses and assess taxes thereon unless empowered to do so by statute.

Discussion of sentences to Intermediate Reformatory and transfer to Penitentiary.

Townships may not divide among special road districts a surplus of taxes remaining after township expenses have been paid; that such townships may legally issue warrants in any year against anticipated taxes for that year.

Board of Jury Commissioners for Jackson County shall follow provisions of Sections 697 and 719, R. S. Mo. 1939, until July 1, 1946, unless sooner amended to conform to new Constitution.

Authority of coroner to send dead body to undertaker.

Applicability of Sec. 11, Art. X, Constitution of 1945 with respect to maximum levies which may be made by cities of less than 10,000 population for the year 1945.

Corporations and limited partnerships may both use the word “limited” or its abbreviation at the end of the names under which they transact business.

Construction of Sec. 3, Art. X, and Sec. 23, Art. IV, Constitution of Missouri of 1945, and of Secs. 2 and 5 of the Schedule appended thereto.

Township boards will be required to comply with the provisions of Section 8821, R. S. Mo. 1939, in fixing their maximum levy of tax for road and bridge purposes in the year 1945.

Person engaged exclusively in wholesale drug business is required to be registered pharmacist, or have registered pharmacist in his employ when he compounds or dispenses drugs in connection with his business.

Such bonds are not negotiable.

Members of General Assembly ineligible for appointment to office of City Attorney of city of the fourth class.

County officer may be ousted for willful neglect of duties or failure to personally devote his time to duties of his office.

Magistrate Courts law under New Constitution will not become effective until July 1, 1946, unless sooner implemented by legislation.

Power to waive penalties and interest.

(1) Authority of Missouri State Department of Resources and Development with respect to exhibits not in Museum and exhibits hereafter acquired; (2) suggested forms of agreements to be used in acquiring exhibits; (3) suggested form of agreement to be used in making loans of exhibits.

Right to receive funds arising from taxes levied on property within the boundaries of special road districts organized under the provisions of Art. 11, Chap. 46, R. S. Mo. 1939, in the year of incorporation and organization.

Applicability of Section 7, Article IX, of the new Constitution of Missouri to outstanding county school fund loans.

Public Service Commission does not have power to license and regulate a nonresident who owns and operates a store in neighboring state and regularly operates his own truck within the State of Missouri for the purpose of obtaining goods and supplies to be sold in his place of business in another state.

Department does not have sufficient statutory authority to enable it to act in the capacity of an Airport Agency within the meaning of H. R. 5024.

Applicability of Art. X, Sec. 12, of the New Constitution of Missouri to counties under township organization.

May not make rules to prevent compounding and dispensing of drugs by a person issued a permit to conduct a drug store or pharmacy in village of less than five hundred inhabitants; but may refuse to grant permit, in its sound discretion.

Real property acquired by municipality for use as airport is exempt from taxation.

Justices of the Peace elected prior to effective date of the New Constitution will continue to serve out their terms.

(1) Applicability of Federal estate tax statutes in determining Missouri estate tax. (2) Applicability of Federal estate tax on property exempt from Missouri inheritance tax in determining Missouri estate tax.

Three questions regarding extension of city or town school district by extension of city or town limits.

Construing a sales contract as not infringing upon banking business.

Authority to appoint agent under Sec. 13766, R. S. Mo. 1939, and to provide compensation for discharge of duties under such appointment.

One who damages roads by turning water on it may be prosecuted and, in addition, act may be abated by Prosecuting Attorney as public nuisance.

Lawsuits of county may be compromised if they do not release or partially release established indebtedness, liability or obligation due state or county.

Judges and clerks appointed to serve at the special election to be held Feb. 27, 1945, on the question of adopting a new Constitution, can also serve in the same capacity at a special election to fill the office of State Senator to be held in Adair, Macon and Shelby Counties on the same date.

Commission not authorized to revoke license on written statement or letter of complainants against licensee; Commission may not take depositions outside State.