1952 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-52 Apr 23 STATE BOARD OF ACCOUNTANCY.
EFFECTIVE DATE OF HOUSE BILL #449 OF 66TH GENERAL ASSEMBLY NOW SECTION 326.200 RSMO 1949.
COMPENSATION OF BOARD MEMBERS.
Effective date of House Bill No. 449 was October 9, 1951; and that the members of the State Board of Accountancy appointed prior to October 9, 1951, shall not receive the increase of compensation allowed in H.B. 449, supra, during their present terms of office.
1-52 May 2 PROSECUTING ATTORNEY, VACANCY IN OFFICE. A prosecuting attorney in one county may serve also as prosecuting attorney in another county under appointment to fill a vacancy.
1-52 Aug 25 TAXATION.
CREDIT INSTITUTIONS.
PARTNERSHIPS.
Par. 3, Sec. 148.150 RSMo 1949 of Credit Institutions Tax Act of 1946, construed by general rule of statutory construction. Read, construed and harmonized with subsequent uniform Partnership Act. Former law construed strictly against state; deduction of said statute construed strictly against taxpayer. Partnership Act prohibits parties from drawing salary, hence in arriving at net income taxable to partnership under Credit Institutions Tax Act, partners salaries not deductible under Par. 3; Sec. 148.150, thereof.
1-52 Sept 22 PROBATE COURTS.
RESTORATION OF SANITY PROCEEDINGS.
JURISDICTION OF.
State patient in state school sent under provisions of Sec. 202.160 RSMo 1949, never adjudged insane previously to admission, who subsequently files petition for restoration of sanity and discharge from school under provisions of Sec. 458.530 RSMo 1949, in probate court of patient’s residence should have petition dismissed, since court lacks jurisdiction over subject matter and person of petitioner.
1-52 Sept 24 STATE BOARD OF ACCOUNTANCY – LICENSES. The Missouri State Board of Accountancy has no power under the statutes of this State to reinstate a license of a person, firm partnership, or corporation which the Board has revoked.
3-52 Sept 2 Hon. Roderic R. Ashby WITHDRAWN
4-52 July 3 COUNTY SOILS DISTRICTS. 1. The Missouri Extension Service or the College of Agriculture does not have the right to pay $25 or any other sum of state or federal money on the cost of a balanced farm plan for “any individual farmer.” 2. The supervisors of a county soils district are neither county nor state officials, but are officials of the soils district. Legal action may not be taken against one or more supervisors as individuals so long as they act within the limits of their corporate duties, but each supervisor is liable for wilful or fraudulent breaches of trust or gross negligence.
4-52 Oct 17 COUNTY JUDGES.
BOARD OF EQUALIZATION.
County judges in third class counties are entitled to compensation for services as members of the county board of equalization, in addition to their regular pay as members of the county court, and may be entitled to compensation for both services on the same day.
5-52 June 16 TAXATION.
REFUND.
The director of revenue is not authorized to make tax refunds on claims filed prior to the effective date of House Bill No. 196.
5-52 June 19 COUNTY COURTS.
COUNTY COURT DISTRICTS.
A county court may change its county judicial districts by formal court order.
5-52 July 16 TAXATION.
MOTOR FUEL.
Four questions relating to House Bill No. 180 pertaining to a tax on motor fuel.
5-52 Aug 14 GAMBLING EQUIPMENT. The selling, storing, possession, and transportation in interstate commerce of any punchboard, slot machine, lottery ticket, roulette wheel, policy slip, book, list of numbers, or any article incident to a lottery or other gambling devices, is not prohibited by any law of the State of Missouri.
5-52 Sept 22 SALES TAX.
USE TAX.
MOTOR VEHICLES.
The owner of a new or used motor vehicle in Missouri, who is not exempt from the payment of a sales tax or a use tax, is not entitled to retain three per cent of such sales tax or use tax.
5-52 Dec 4 COUNTY ASSESSOR.
COMPENSATION.
Township assessor not required to perform duties of House Bill No. 392 passed by the 66th General Assembly. County shall pay additional compensation to county assessor provided for in Section 150.335 of said bill.
6-52 May 16 STOCK LAW.
ANIMALS.
Township adjoining group of five townships which has previously voted to invoke stock law may thereafter vote to withdraw operation of stock law.
6-52 Sept 24 LICENSES.
COUNTY COLLECTORS.
Annual state license tax on ten dollars prescribed by Section 318.020, RSMo 1949, applicable to pool table. County collector has duty under Section 318.040, RSMo 1949, to collect any annual county license tax authorized under Section 318.040, RSMo 1949.
9-52 Apr 8 CIRCUIT CLERKS, FEES IN CASES OF CHANGE OF VENUE. The Circuit Clerk is entitled to retain all fees earned by him in any case of change of venue for another county.
10-52 Apr 3 COUNTY.
FISH AND GAME.
CONSERVATION.
County court may pay bounty on wolves killed in Barton County, Missouri, to non-resident exterminators of wolves. Such person shall obtain written permission of the local Conservation agent prior to hunting wolves in said county.
10-52 Sept 2 STATE.
CONSERVATION COMMISSION.
DRAINAGE DISTRICT.
TAXATION.
Land purchased by the State in a Drainage District subsequent to the organization and formation of said Drainage District, is not subject to an annual maintenance tax.
10-52 Oct 23 MOTOR VEHICLES. Over weight fine under Section 304.240, Laws of Mo., 1951, is minimum fine not maximum and minimum fines are bracketed in accordance with amount of overweight.
11-52 Jan 16 OFFICERS.
SHERIFFS.
FEES AND SALARIES.
Sheriff of third class counties entitled to mileage for making investigation of persons accused of or convicted of a criminal offense.
11-52 Apr 28 MARRIAGES.
VITAL STATISTICS.
RECORDERS.
Section 451.080, RSMo 1949, setting forth the form of marriage license not superseded by Section 193.360, RSMo 1949.
11-52 June 27 COUNTY BUDGET LAW. General county revenue may be budgeted in Class 6 for the construction, repair and maintenance of bridges.
11-52 Oct 23 Hon. Clyde Bridger WITHDRAWN
13-52 Sept 4 CONVICTS NOT AUTOMATICALLY RESTORED TO CITIZENSHIP. Persons released from penitentiary on the seven-twelfths rule are not automatically restored to citizenship at the expiration of two years from the date of discharge.
13-52 Dec 22 PROBATION OFFICERS.
Supreme Court Rule #27.07 page 43, Rules of Criminal Procedure for Missouri Courts adopted by Supreme Court of Missouri, April 14, 1952, effective January 1, 1953.
Rule 27.07 of Rules of Criminal procedure within meaning of Article V, Section 5 of the Constitution of Missouri Board of Probation and Parole is bound by said Rule 27.07.
14-52 Oct 6 BOARD OF ELECTION COMMISSIONERS. The Board of Election Commissioners in passing upon the sufficiency of initiative petitions acts only in a ministerial capacity.
15-52 Jan 21 ELECTIONS.
COUNTIES.
County court not required to furnish permanent voting places within county for conducting elections.
15-52 Feb 15 OPERATOR AND CHAUFFEUR’S LICENSE MAY BE REVOKED BY MAGISTRATE COURTS. Operator or chauffeur’s license to operate motor vehicle within state may be revoked by magistrate court under Sec. 302.225(4) of Senate Committee Substitute for House Bills 22, 49, 56 and 114, for causes provided in act.
15-52 May 16 MOTOR VEHICLES.
HIGHWAYS.
Corporation which is owner and operator of motor vehicle may be prosecuted for an overweight vehicle.
15-52 Sept 4 CRIMINAL LAW.
BOARD OF PRISONERS; WHEN THIRD OR FOURTH CLASS COUNTY NOT LIABLE FOR.
One confined in county jail for third or fourth class county for twenty hours for alleged violation of city ordinance without warrant, process or formal charge against him, is not a prisoner within meaning of Sec. 221.090 RSMo 1949; county not liable for person’s board bill to sheriff, since alleged violation of city ordinance is not crime, and person is not confined for violation of any criminal laws of Missouri.
15-52 Sept 24 MUNICIPALITIES.
TAXES.
City of fourth class not required to certify delinquent tax lists to county collector under Sec. 140.670, RSMo 1949, and county clerk not required under Sections 140.060 and 140.070, RSMo 1949, to prepare back tax book for fourth class city.
15-52 Sept 30 MOTOR VEHICLES.
TRAFFIC AND EQUIPMENT REGULATIONS.
OVERWEIGHT.
Section 304.180, A.L. 1951, H.B. 283, prohibits the operation on the highways of this state of a vehicle having a greater weight than 18,000 pounds on one axle when the wheels attached to said axle are equipped with low pressure tires.
15-52 Oct 7 MOTOR VEHICLES.
HIGHWAYS.
COUNTY COURTS.
Section 304.220, RSMo 1949, is constitutional, in allowing county courts to limit maximum weight of motor vehicles on roads other than highways when roads are in soft condition.
15-52 Oct 16 Hon. John M. Cave WITHDRAWN
15-52 Oct 27 MOTOR VEHICLES.
AXLE LOADS.
For the purposes of determining the gross weight of a vehicle or combination of vehicles under Section 304.180, A.L. 1951, H.B. 283, the front or steering axle is to be considered as one of a group of two or more consecutive axles.
16-52 Nov 20 Mr. L. M. Chiswell WITHDRAWN
18-52 Apr 21 MAGISTRATE COURTS.
JURIES.
A sheriff is allowed the sum of $2.00 for issuing a “special venire facias” for a jury in a magistrate court. A magistrate judge is under no duty to summon a regular jury panel.
18-52 Oct 20 MOTOR VEHICLE REGISTRATION.
PERSONAL PROPERTY TAX.
Under House Bill No. 211 a person moving into Missouri from another state may demand and obtain from his local collector a statement showing that no taxes on personal property were due for the preceding year. A person moving from one county to another within Missouri must obtain a tax receipt or statement from the collector where he resided at the time assessments were made for the preceding year.
19-52 Jan 31 ATHLETIC COMMISSION.
TAXATION.
Section 317.020, RSMo 1949: Tax on “gross receipts” from regulated boxing, sparring and wrestling exhibitions not to be applied to receipts obtained by theaters televising such exhibition. Five per cent of the gross amount paid for the right to televise such exhibitions should be collected on the amount paid for the right to televise such exhibitions.
19-52 Feb 13 CONSERVATION COMMISSION.
FISH AND GAME.
Validity of license by the Department of the Army for wildlife management purposes at Bull Shoals Reservoir Area.
19-52 Aug 1 SCHOOLS.
RADIO AND TELEVISION.
Board of Curators of the University of Missouri authorized to maintain and operate a TV station in connection with educational function of the university.
20-52 Sept 3 AGRICULTURE. Hogs appraised and slaughtered under provisions of Section 267.160 RSMo, 1949, may be disposed of at federally approved packing plants, and claims for indemnity payable therefor by State of Missouri are legal claims to be paid, if, and when, an appropriation is made for such purpose.
20-52 Oct 24 SCHOOLS.
ELECTIONS.
Public meeting must be held to dissolve a consolidated school district. Proposition to form common school districts cannot be submitted at the same public meeting wherein an election is conducted to vote on the proposition of dissolving a consolidated school district.
20-52 Nov 10 MOTOR VEHICLES – REGISTRATION – OPERATION. 1) Commercial motor vehicles registered for a full year. 2) Weight load change immaterial. 3) Maximum weight load permitted full year. 4) Over maximum weight limit permitted by highway department. 5) Credit to owner for fees paid before if fees increase. 6) Owner may operate vehicle under subsections (8) new law or (10) old law. 7) Farmer may borrow lease or rent licensed vehicle from another farmer for hauling distances over twenty-five miles to farm of operator under Secs. 10 and 19. House Bill No. 283. 8) Resident of Missouri cannot operate leased vehicle owned and registered outstate, vehicle not being subject of agreement for sale or lease and not in possession of potential mortgagor to operate from Missouri in either interstate or intrastate business on Missouri highways unless vehicle registered in Missouri. Foreign licenses no protection to operator on highways of Missouri.
21-52 Apr 11 INTOXICATING LIQUOR.
NONINTOXICATING BEER.
1. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of 3.2 beer upon premises of the cafe or club by any individual at any time. 2. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of intoxicating liquor upon their premises except between the hours of 10 p.m. and 6 a.m.
21-52 June 30 MOTOR VEHICLES.
COLLECTOR.
Under House Bill 211 a person who owns personal property which is not assessed is entitled to a certificate that no taxes are due.
21-52 Oct 14 Hon. Bill Davenport WITHDRAWN
21-52 Oct 27 CRIMINAL COSTS.
BOARD OF MATERIAL WITNESSES.
HOW TAXED IN THIRD OR FOURTH CLASS COUNTIES.
In third or fourth class county when examining magistrate in felony case binds defendant over for trial in circuit court and commits material witnesses to jail in default of required recognizance, and defendant is convicted and sentenced to penitentiary; county, and not state liable to reimburse sheriff for board bill.
21-52 Dec 23 Hon. Ken F. Davis WITHDRAWN
22-52 Feb 11 SHERIFFS. Under Section 57.430, RSMo 1949, as repealed and reenacted by House Bill No. 100, 66th General Assembly, sheriffs and also their deputies in counties of the third class are contemplated within the provisions of the section authorizing special allowance for expense of investigations of persons accused of or charged with criminal offense; such investigations not to be limited to the confines of the county.
22-52 May 23 ELECTIONS. A party primary ballot need not contain the name of an office where no one has filed a declaration seeking the party primary.
22-52 Sept 22 COUNTY COURTS.
DRAINAGE DISTRICTS.
County court cannot purchase machinery for maintaining ditches, drains and levees in only part of the districts of the county under Section 243.330, RSMo 1949.
22-52 Nov 5 FIRST CLASS COUNTIES.
SEWER DISTRICTS.
Sewer districts formed in St. Louis County should be formed according to the provisions of Sections 249.430-249.660, inclusive, RSMo 1949.
24-52 Jan 30 Mr. G. L. Donahoe WITHDRAWN
24-52 Feb 15 FEES.
CITY POLICE.
A policeman of the city of the first class is not entitled to the fee provided by Section 57.290, RSMo 1949, for making an arrest under a warrant issued by a magistrate.
24-52 Feb 18 FEES.
MAGISTRATE COURT.
PROSECUTING ATTORNEY.
MAGISTRATE CLERK AND SHERIFF.
Prosecuting attorney’s fee in this case is $5.00; the fee of the magistrate’s clerk is $2.50 and sheriff receives nothing.
24-52 Apr 4 SOCIAL SECURITY.
SOCIAL WELFARE BOARDS.
Employees of social welfare boards are not employees of the city or county. A social welfare board is an instrumentality and its employees may be covered under the Old Age and Survivors Insurance provisions of Title 2 of the Federal Social Security Act only by an agreement entered into between the state agency and the social welfare board of the county.
24-52 May 29 SCHOOLS. Compulsory retirement provision for members of PSRS now effective as WWII has been officially terminated. Board of trustees of PSRS has no duty to restrain member from teaching after attaining compulsory retirement age. Member who has attained compulsory retirement age not eligible for retirement allowance if he continues to teach. Board of trustees should not accept contributions in behalf of member and employer if member continues to teach after automatically retired.
24-52 Oct 20 CRIMINAL COSTS. Services and attention by a dentist to a prisoner confined in a county jail—later convicted of a felony—are not lawful charges of criminal costs as medical expenditures against the State under Section 221.120 RSMo 1949.
25-52 Mar 1 CHIROPRACTIC.
EXAMINATION.
LICENSE.
Applicant for examination for chiropractic license to practice chiropractic must be a graduate of an accredited chiropractic school or college.
25-52 July 1 OLD AGE ASSISTANCE DEFINED.
SECTION 306, USCA TITLE 42.
BOARD OF CHIROPRACTIC EXAMINERS.
Benefits up to the maximum can be paid to those receiving old age assistance to pay for chiropractic treatment or other remedial care.
26-52 Apr 28 SCHOOLS. County board of education, in making study of school districts and advising with school officials, may evaluate teacher personnel. Said board has no authority to employ a school nurse and assess school’s percentage of costs.
26-52 Sept 22 CITY CHARTER.
AMENDMENT.
Sections 82.030 and 125.050, RSMo 1949, prescribing the duties to be performed and the form of ballot to be used by the Board of Election Commissioners in submitting proposals to amend the city charter of that city are mandatory.
26-52 Oct 23 ELECTION RETURNS OF THE CITY OF ST. LOUIS. In making election returns to the Board of Election Commissioner ballots should be enclosed and sealed in four separate containers as follows: (1) The general blanket ballots together with ballots marked “defective, objected to, or rejected;” (2) The Constitutional Ballots; (3) The Judicial Ballots and; (4) The unused ballots together with the stubs of the used ballots.
28-52 Feb 4 COUNTY COLLECTORS. Current drainage taxes included in determining compensation for mailing notice of taxes due.
28-52 Oct 1 STATE MERIT SYSTEM.
FEDERAL SOLDIER’S HOME.
Board of Trustees of Federal Soldiers’ Home at St. James authorized to appoint employees when conforming with the State Merit System Act.
30-52 Aug 28 TAXES – OWNER LIABLE FOR TAXES. The owner, on the first day of January, of tangible personal property is liable for taxes levied and assessed on such property for the ensuing year.
30-52 Nov 12 TAXATION.
TANGIBLE PERSONAL PROPERTY.
The “in lieu” provisions in Sections 148.120 to 148.230, RSMo 1949, exempting Credit Institutions from paying tangible personal property taxes are unconstitutional.
31-52 Feb 15 COUNTY BUDGET LAW. Surpluses in Class 1, 2 and 4 may be transferred to Class 5 although the surplus exceeds the fund budgeted under this class.
31-52 Nov 18 Hon. Gene Frost WITHDRAWN
31-52 Mar 24 COUNTY COURT.
BOUNTIES.
COYOTES & WOLVES.
SECTION 279.010, RSMO 1949, AS AMENDED, LAWS MO. 1951, BY HOUSE BILL #344.
SECTION 279.030, RSMO 1949, AS AMENDED, LAWS MO. 1951, BY HOUSE BILL #344.
On and after March 18, 1952, the county shall pay the sum of $30.00 for any grown coyote or wolf and the sum of $5.00 for each coyote or wolf pup which may be killed in the county, and the state treasurer shall reimburse the county treasurer two-thirds of all bounties paid by such county.
31-52 Mar 26 WITNESS FEES.
MAGISTRATE COURT.
Witnesses attending the magistrate court shall be allowed such fees as are set forth in Section 491.280, RSMo 1949.
32-52 May 15 Hon. William J. Geekie WITHDRAWN
33-52 Mar 6 Hon. C. L. Gillilan WITHDRAWN
33-52 Mar 17 COUNTY COURTS.
TAXATION.
Under Section 137.270, RSMo 1949, county courts may not hear and determine allegations of erroneous assessment or mistakes or defects in description of lands after taxes have been paid.
33-52 Aug 25 COUNTY.
OLD AGE PENSION.
DIVISION OF WELFARE.
Division of Welfare not required under the law to assume the difference between the old age grant to the recipient and the seventy-five dollar monthly charge by said home.
33-52 Sept 10 COUNTY COURTS.
COUNTY ROADS.
In the absence of a county highway engineer and the unavailability of the county surveyor, the county court may appoint any one who is a competent engineer to assist the county court in the formulation of the county road improvement and construction program to be presented to the state highway commission for securing state aid in the improvement and construction of county roads.
33-52 Sept 23 TAXATION.
COUNTY CLERKS.
Under Section 165.083, RSMo 1949, county clerks required to extend all tax levies for school purposes in separate columns of tax book.
35-52 Feb 14 CHIROPRACTIC BOARD OF MISSOURI. The Chiropractic Board of Missouri has the authority to hire an investigator, to be paid by the legislative appropriation out of the Chiropractic Board in carrying out the duty imposed on it to investigate all members of their profession who are charged with or suspected of immoral or illegal actions.
35-52 Feb 18 COUNTIES.
CARE OF INSANE PERSONS.
COLLECTION OF EXPENSES.
FOR MAINTENANCE OF INSANE PERSONS.
PROBATE COURT.
County expenses incurred in support and maintenance of an insane person may be recovered by the county from such insane person’s guardian and curator or administrator.
35-52 Mar 11 OFFICERS.
COUNTY CLERK.
County clerk who holds over after January 1, 1950, holds office until his successor is appointed and qualified or until 1952, when his successor is elected and qualified.
35-52 June 10 PROBATE COURTS.
INSANITY HEARINGS.
COSTS.
HOW TAXED.
Under Sec. 458.080, RSMo 1949, court to order insanity hearing costs paid from insane’s estate if sufficient. If insufficient to order county to pay costs; to follow procedure under Sec. 202.160, R.S.Mo 1949. If person discharged to order costs paid by informant, under Sec. 458.090, court cannot legally accept costs from informant or any other person. Under Sec. 49.270, county court can accept for county, reimbursement of amount of maintenance of indigent insane in state hospital when made by one not legally, liable for insane’s support, and not from insane’s estate.
35-52 Sept 3 TAXES.
DELINQUENT, LAND SALES.
Taxes are not delinquent on forest croplands if a sum in lieu of such taxes is paid to counties in which such lands lie from the Forest Croplands Fund. Such lands may not be sold on account of taxes so relieved.
37-52 Jan 23 CIVIL DEFENSE.
GOVERNOR.
OFFICERS.
Governor, by rule, may require loyalty oath of civil defense employees.
37-52 Feb 8 DIVISION OF HEALTH, Power to Fix and Increase Fees for Services. The Division of Health may increase fees for services rendered by the Department for maintenance of a safe quality of water dispensed to the public, provided, such increase is necessary to cover the costs of such services.
37-52 Feb 14 CIVIL DEFENSE. Civil defense monies received from Federal government and political subdivisions not state monies so as to be placed in state treasury and appropriated.
37-52 Feb 20 CRIMINAL LAW.
MOTOR VEHICLE.
Owner subject to penalty of misdemeanor for operating motor vehicle not properly licensed where driven by an agent or employee.
37-52 Mar 25 Hon. L. A. Hansen, D.S.C. WITHDRAWN
37-52 Aug 22 COUNTY COURTS.
APPROPRIATIONS.
The county court in any county may in any one year, appropriate out of the county treasury, a sum of money not exceeding $300, for the benefit of any society in its county regularly organized as a county agricultural and mechanical society, county fair, county corn growers’ association, county poultry association, county stock growers’ association, or any other organization or incorporated society having for its object the holding of county fairs or the advancement of agriculture or its allied industries, and that such appropriation is not limited to any one such society but that the county court may make such an appropriation to as many such societies as it deems expedient.
37-52 Sept 13 Hon. Morran D. Harris WITHDRAWN
37-52 Oct 16 Hon. C. D. Hamilton WITHDRAWN
37-52 Dec 16 TAXATION.
DELINQUENT PERSONAL TAXES.
Collector shall collect on delinquent personal property taxes an amount not to exceed 1% per month or 10% per annum and 2% of the amount of the tax.
39-52 Jan 21 THE INDUSTRIAL COMMISSION OF MISSOURI. The Industrial Commission of Missouri, a member or a Referee may approve settlements at any time, including a case on appeal, and may make a temporary or final award and perform any other act concerning awards except to review awards, the full Commission only having the right to review awards. The Division does not have exclusive authority to make awards. Rules A and B giving the Division such exclusive power, and depriving the Commission and its separate members of the power to hold hearings, make awards or approve compromise settlements are invalid.
39-52 Apr 16 SOCIAL SECURITY.
COUNTY HEALTH CENTER.
Employer’s contributions on county health center employees are paid from the county health center fund.
39-52 May 1 COUNTY TREASURERS. Cost of envelopes and postage required to carry out duties imposed by H.B. 199, 66th General Assembly is expense incident to the office and not one to be personally borne by officer carrying out such duties.
39-52 May 28 TAXATION.
COMPROMISING TAXES.
Delinquent personal property taxes, except interest and penalties, cannot be compromised.
40-52 Jan 24 CRIMINAL LAW.
PROSECUTING ATTORNEY.
Magistrate judge must hear and determine careless and reckless driving cases, a misdemeanor, brought by information filed by the prosecuting attorney even though the evidence tends to show the defendant might have been charged with the felony of driving while intoxicated.
40-52 May 12 COUNTY COURT.
SEWER SYSTEM.
The county court has no authority to contribute county funds to aid in the construction of a sewer system.
40-52 Oct 30 COUNTY CENTRAL COMMITTEE MEMBERS.
SPECIAL ROAD DISTRICT COMMISSIONER.
County Central Political Committee elected officials. Membership not incompatible with holding an elective county or municipal office. Position of special road commissioner not incompatible with elective position of alderman or councilman of a municipality under Secs. 233.170-233.315, RSMo 1949.
41-52 Jan 18 ASSESSOR’S FEES.
THIRD AND FOURTH CLASS COUNTIES.
Neither the Constitution of 1945, nor RSMo 1949, prescribe a maximum amount of fees that may be received and retained by assessors in third and fourth class counties. Said assessors are legally entitled to receive and retain every fee accruing to their offices annually as compensation for their services.
41-52 Jan 29 COUNTY CLERKS.
FEES AND SALARIES.
County clerks of third and fourth class counties entitled to charge both the state and county the fees provided for duties regarding manufacturer and railroad tax books. Such fees are unaccountable.
41-52 Apr 15 OFFICERS.
SALARIES AND FEES.
Prior to enactment of Section 57.430, RSMo 1949, a county court had no statutory authority to pay mileage for travel of a sheriff going beyond boundary of state to return juvenile delinquent to this state. Since enactment of above section, sheriff is allowed maximum of $75.00 in calendar month for performance of official duties in connection with the investigation of persons accused or convicted of a criminal offense.
41-52 May 26 ASSESSORS.
HOUSE BILL NO. 392.
County Assessors are entitled to fees provided in House Bill No. 392, in addition to other compensation provided by law.
41-52 Nov 26 Hon. Harrison W. Hollie WITHDRAWN
42-52 Oct 21 ELECTIONS.
ABSENTEE BALLOTS.
An absentee ballot which is obtained at a time more than thirty days preceding the election at which it is cast may be counted if otherwise in conformity with the absentee voting law.
43-52 Jan 2 CIRCUIT CLERKS – DEPUTIES AND ASSISTANTS. Under the provisions of Section 483.345, RSMO 1949, Clerks of Circuit Courts in class three counties in this State may discharge any deputy or assistant at any time.
43-52 Apr 7 BANKS, DEPOSITARIES OF PUBLIC FUNDS. A depositary of county funds may be required to give security for only such funds as are in excess of ten thousand dollars where the depositary is insured by the Federal Deposit Insurance Corporation.
45-52 Mar 10 SHERIFFS.
BOARDING AND FEEDING PRISONERS.
1) The Sheriff must furnish wholesome food to prisoners in jail. 2) A county should furnish equipment therefor. 3) If the county has no such equipment it may lease equipment from the Sheriff for such purpose by contract for a reasonable sum to be included in the actual cost of feeding prisoners. 4) The Sheriff must make a sworn statement each month of such actual cost. 5) The County Court must audit same to arrive at what such actual and necessary cost amounts to and then draw a warrant on the county treasury, payable to the Sheriff for such actual and necessary cost. 6) The Sheriff cannot lawfully employ a relative within the fourth degree of consanguinity or affinity to prepare meals for prisoners, or for any other purpose, and charge the county therefor, but may accept services of a member of his family without cost to the county.
48-52 June 27 PUBLIC PRINTING AND BINDING.
ELECTION LAWS REVISION COMMISSION.
Report required under sub-paragraph three of Section 4 of Senate Bill No. 194 of the 66th General Assembly, to be printed and published through state purchasing agent. Expense of publishing such report to be borne by Election Laws Revision Commission out of appropriation made by the 66th General Assembly.
48-52 Sept 19 LOTTERIES.
GIFT ENTERPRISES.
A procedure wherein persons purchase tickets of admission to a theater where they are permitted to participate in a contest which consisted of determining, upon a card furnished by the theater, the correctness of certain statements submitted by the theater to the participants, with a cash prize awarded to the winner, would be a lottery or a gift enterprise, and would therefore be illegal.
48-52 Nov 7 INHERITANCE TAX.
TRUSTS.
LIFE ESTATE.
HOW TAXED.
For the purpose of inheritance taxes a life estate must be valued according to mortality tables, not according to actual duration of life estate.
48-52 Nov 24 GRAND JURIES.
CITY OF ST. LOUIS.
A Grand Jury selected for the September, 1952, Term of the Circuit Court cannot legally be continued into or for the December, 1952, Term of said Court.
49-52 Feb 14 ELECTIONS. Ward formed in Kansas City and Clay County entitled to committeeman and committeewoman in Clay County Central Committee.
49-52 Feb 18 ELECTIONS.
COMMITTEEMEN.
COMMITTEEWOMEN.
Creation of Ward 21 in that part of Kansas City located in Clay County creates vacancy in offices of committeeman and committeewoman in such ward of county central committee of Clay County. Governor can fill vacancies upon official advice that Ward 21 has been created by Election Board of Kansas City.
49-52 Mar 4 CONSTITUTIONAL LAW.
CIRCUIT CLERK.
COUNTIES.
Circuit clerk of third class county having assessed valuation in excess of $50,000,000 shall perform duties as ex officio parole commissioner and receive maximum compensation as provided for third class counties under S.C.S.S.B. No. 227, enacted by the 66th General Assembly.
49-52 May 14 ABORTION.
CRIMINAL LAW.
Unlawful to perform abortion on pregnant woman who has contracted German measles unless necessary to preserve the life of woman or life of unborn child.
49-52 Sept 10 MUNICIPALITIES. The City of Springfield may install parking meters on streets bounding the Greene County Courthouse.
49-52 Sept 10 COUNTY TREASURER. County treasurers of third class counties not entitled to reimbursement for clerical hire which is not indispensably necessary to the successful and efficient conduct of the office.
49-52 Sept 23 COUNTY HEALTH CENTERS. Subject to the provisions of the law a county may establish a county health center. Such county health center would have jurisdiction over and would function in all parts of the said county. Such jurisdiction and functions would not be affected by the fact that a portion of a city occupies a portion of this said county.
52-52 Jan 25 PROSECUTING ATTORNEY, FEE OF SPECIAL PROSECUTOR. The fee provided by law for a special prosecutor must be taxed and paid as costs in all cases in which such an officer is employed.
52-52 Feb 5 INSURANCE. Amendment of Articles of General American Life Insurance Company.
52-52 Feb 14 INSURANCE. Amendment of Articles of Incorporation of Merchants Mutual Casualty Company.
52-52 Feb 18 INSURANCE. Amendment of Articles of Incorporation of Insurance Company of St. Louis, Missouri.
52-52 Feb 18 INSURANCE. Amendment of Articles of Incorporation of the Postal Life and Casualty Insurance Company.
52-52 Feb 18 INSURANCE. Amendment of Articles of St. Louis Fire and Marine Insurance Company.
52-52 Feb 21 INSURANCE. Amendment of Articles of Incorporation of Central Mutual Casualty Company.
52-52 Mar 7 INSURANCE. Amendment of Articles of Incorporation of Mid-Continent Casualty Company.
52-52 Apr 23 INSURANCE. Amendment of Articles of Incorporation of Washington Fire and Marine Insurance Company.
52-52 May 2 INSURANCE. Amendment of Articles of Incorporation of St. Louis Fire and Marine Insurance Company.
52-52 May 29 INSURANCE. Amendment of Articles of Incorporation of Atlas Mutual Insurance Company.
52-52 July 8 INSURANCE. Amendment of Articles of Incorporation of Transit Casualty Company.
52-52 Aug 14 INSURANCE. Amendment of Articles of Incorporation of Washington Fire and Marine Insurance Company.
52-52 Sept 10 INSURANCE. Amendment of Incorporation of Empire Casualty Insurance Company.
52-52 Nov 13 INSURANCE. Amendment of Articles of Incorporation of National Home Life Assurance Company.
52-52 Nov 26 INSURANCE. Proposed Articles of Incorporation of Midland Mutual Insurance Company.
52-52 Dec 9 INSURANCE. Articles of Incorporation of Old Security Life Insurance Company.
52-52 Dec 23 INSURANCE. Articles of Incorporation of Midland Mutual Insurance Company.
54-52 Mar 14 MOTOR VEHICLES, REGISTRATION. The director of revenue may refuse registration of a motor vehicle dealer when it appears that the applicant is not in fact a dealer. He may suspend or revoke the registration of a dealer only in specific cases.
57-52 Jan 17 PROBATE COURT.
RECORDS.
Justices of the peace records and probate court minute books may not be destroyed.
57-52 Aug 15 REGISTRATION OF PRIVATE DETECTIVE AGENCIES. It is not necessary that private detective agencies register in the office of the Secretary of State, which agencies are operating in Kansas City, Missouri.
57-52 Sept 4 MAGISTRATE COURT COSTS.
CRIMINAL CASES COLLECTIBLE FROM THE COUNTY COURT IN CERTAIN INSTANCES.
Magistrate fee in magistrate cases an information filed by prosecuting attorney where fine and costs are assessed against defendants of $2.50 allowed under Section 483.610, RSMo, 1949, is proper charge. $2.50 is proper charge to be collected from the county court on cost bill submitted under Section 550.030, RSMo, 1949. $2.50 cost collected in these criminal matters should be collected by magistrate and accounted for by him to the persons and in the ways mentioned in Section 483.615, RSMo, 1949.
58-52 May 2 Hon. Robert S. McClelland WITHDRAWN
59-52 Jan 7 SANITY HEARINGS.
PROSECUTING ATTORNEYS.
It is improper for a prosecuting attorney to represent, at a sanity hearing held within his county, the person whose sanity is the subject of inquiry; also, it is improper for a prosecuting attorney to represent, in his private capacity, an informant in a sanity hearing, but it is the duty of a prosecuting attorney to represent the state and/or county at all sanity hearings held within his county.
59-52 Feb 6 TAXATION.
RETAIL DEALER IN NEW AUTOMOBILES A MERCHANT.
AUTOMOBILES TAXABLE.
Retail dealer in automobiles at fixed place of business, a merchant within meaning of Section 150.010, RSMo 1949, for tax purposes, and new automobiles are “merchandise”. Not being exempt under any statutes, said automobiles are liable for taxation. Duty of dealer to list stock of automobiles in statement to county assessor, as provided by Section 150.050, RSMo 1949.
59-52 Apr 22 FEES OF.
CORONERS.
STENOGRAPHERS IN MAGISTRATE COURT, HOMICIDE CASES.
Coroner can only be allowed and paid fees provided by Sec. 58.540 RSMo 1949 for writing down witnesses testimony at inquest; to be paid by county when estate of deceased person insufficient and no one liable or able to pay costs. Examining magistrate in homicide case may appoint stenographer to take down and certify testimony under Sec. 485.150 RSMo 1949. Stenographer to be allowed and paid only fees provided by section; fees taxed as costs and paid as other costs.
59-52 Oct 10 PUBLIC BUILDINGS.
BIDS.
A bid proposal which does not bid on the entire project advertised and which does not meet reasonable requirements is not a compliance with the advertisement and should be rejected.
59-52 Dec 31 PUBLIC BUILDINGS.
BIDS.
Mere informalities in a bid proposal on public improvements may be waived when in the best interest of the state.
62-52 Jan 4 Hon. Harold L. Miller WITHDRAWN
62-52 Apr 9 COUNTY COURTS.
BOUNTIES.
A county court may inquire into the validity of a bounty claim made against the county before paying such claim and if after such investigation, which may include evidence offered by any person or persons, the court is satisfied that the claim is fraudulent, it may refuse to pay.
63-52 Feb 19 TAXATION.
THIRD CLASS COUNTIES.
TOWNSHIP ORGANIZATION.
TOWNSHIP COLLECTOR’S FEES.
Township collector of 3rd class township organization county to receive fees provided by Sec. 139.430(4), RSMo 1949, for collection of all general taxes in township. Not entitled to receive fee in addition to that prescribed by Sec. 139.430(4), for collection of personal taxes by district and sale under Sec. 139.360, RSMo 1949, since additional fee is not provided for by any Missouri statutes.
63-52 Mar 28 SCHOOLS.
ROADS AND BRIDGES.
SPECIAL ROAD DISTRICTS.
COUNTY SUPERINTENDENT OF SCHOOLS.
Secretary of county superintendent of schools may do work for other county officers and receive compensation therefor. Special road district may cease to maintain roads in territory which may or may not be in district.
63-52 Apr 17 PROSECUTING ATTORNEY.
TOWNSHIPS.
COLLECTOR.
TAXES.
Duty of Prosecuting Attorney to sue defaulting township collector.
63-52 June 24 COUNTY ORGANIZATION.
COUNTY COLLECTOR.
COUNTY ASSESSOR.
Until election and canvass of vote under Sec. 65.610, RSMo, 1949, abolishing township organization is had, no vacancy exists in office of county collector and county assessor and filings for such offices prior thereto are not authorized by law.
63-52 Sept 30 OPERATORS. Persons having operator’s license must take examination as required by statutes in order to obtain chauffeur’s license.
64-52 Sept 15 GIFTS TO STATE.
DISPOSITION; WHEN PURPOSE OR FUND NOT DESIGNATED.
Check payable to Treasurer of Missouri in sum of $2,000 in payment of group life policy in which State of Missouri is beneficiary; the proceeds of check to be deposited in treasury to credit of ordinary revenue fund of state.
65-52 Jan 29 CRIMINAL LAW.
FUNDS, FOURTH CLASS CITY.
DISBURSEMENT.
PROSECUTION FOR.
WHEN.
Treasurer of 4th class city disbursing funds after failure of city to publish semi-annual financial statement required by Sec. 79.160, RSMo 1949; and before effective date of Sec. 79.165, Laws of 1951, making payment by treasurer under such circumstances a crime, could not be prosecuted, since the act was not a crime when committed. But after effective date, if treasurer disburses city funds and semi-annual statement has not been published prior to disbursement, he may be prosecuted for violation of Sec. 79.165.
65-52 Aug 19 MOTOR VEHICLE REGISTRATION, PERSONAL PROPERTY TAX. Under House Bill No. 211 an applicant for a license to operate a motor vehicle must show that he has paid his personal property taxes for the preceding year but need not show a tax receipt for any year previous to that.
65-52 Sept 18 ELECTIONS.
BALLOTS.
It is unlawful for a voter to attach a sticker containing the name of a person for whom the voter wishes to cast his vote printed thereon as provided in Section 111.580, RSMo 1949.
65-52 Sept 22 BONDS.
SURPLUS.
Any money remaining over as the result of a special tax to retire county bonds after the retirement of said bonds shall be paid into the general revenue fund of such county.
66-52 Apr 7 SOCIAL SECURITY.
COUNTY EMPLOYEES.
THIRD AND FOURTH CLASS COUNTIES.
Section 51.415, enacted by the 66th General Assembly, applies to all counties of the third and fourth class which have entered into an agreement under Senate Committee Substitute for Senate Bill No. 3, to place county employees under the Federal Social Security Act. It is not void for being discriminatory.
66-52 Sept 23 TAXATION.
STATE TAX COMMISSION.
State Tax Commission is required to apportion the property of a street railroad company to school districts levying taxes for library purposes and library districts based upon the length of line in the district as submitted by the company.
68-52 Apr 3 OFFICERS.
ASSISTANT PROSECUTING ATTORNEY.
Assistant prosecuting attorneys in counties of the second class may sign informations either for felonies or misdemeanors.
68-52 June 9 CIRCUIT CLERK AND RECORDER, DEPUTIES. A deputy in the office of circuit clerk and recorder must reside in the county three months before appointment.
68-52 Nov 21 CIRCUIT COURTS.
SUPPORT OF DEPENDENTS.
UNIFORM LAW.
A person proceeding under the Uniform Support of Dependents Law would be required to file security for costs or a deposit if a nonresident, and would be subject to the rules of the circuit court in regard to costs where a resident.
69-52 Mar 21 COUNTIES.
BOND ISSUES.
County budget law, Sections 50.670 to 50.740, RSMo 1949, applicable to fourth class counties, does not authorize bond issue to retire unpaid county warrants. Section 108.130, RSMo 1949, authorizes fourth class counties to fund any judgment indebtedness resulting from the issuance of unpaid county warrants.
69-52 Apr 8 SPECIAL ROAD DISTRICT.
WARRANTS.
COMMISSIONER’S POWER TO ISSUE.
Where special road district commissioners of non-township organization county issue a warrant on the county treasurer for all district’s funds; deposit proceeds in a bank and issue checks for district’s obligations. Commissioner’s actions illegal and violates Sec. 233.185 RSMo 1949, as custody cannot be changed from treasurer. Commissioners elected or appointed under Sec. 233.180 RSMo 1949, do not forfeit office, hold to end of term. Commissioners not guilty of crimes under any Missouri statutes.
69-52 Apr 29 TAXATION. A taxpayer may pay any years taxes without tendering payment of taxes due for other years.
69-52 Sept 30 STATUTES.
LEGAL PUBLICATION.
The general printing statute and the delinquent tax statute in regard to the cost of publication of delinquent lands must be read and construed together.
69-52 Dec 8 SHERIFF’S BOND.
STATUTES.
The provisions of the Missouri statutes relating to the giving of a bond by a sheriff elect is to be construed as simply directory and would not by their own force create a vacancy in office.
70-52 May 20 ELECTIONS. Person may vote for single candidate for congressman or city councilman if he desires, even though more than one office is to be filled from candidates for congressmen or city councilmen.
70-52 Sept 30 STATE PHARMACY BOARD.
PHARMACY PERMITS (ANNUAL) DUE WHEN.
USE OF FEES.
INSPECTORS, SALARIES AND EXPENSES.
Annual fee for permit due October 1, 1952, permit expires June 30, 1953. Proprietor of wholesale drug business must be licensed pharmacist or have at least one in his employ. Permit fees can be used if appropriated to Board’s use by General Assembly. Inspectors could be hired after August 1, 1952, on 1951-1953 appropriation if there are sufficient funds in it.
70-52 Dec 9 ELECTIONS.
PUBLICATIONS.
NEWSPAPERS.
Printing official ballot on supplement to a newspaper, which is contained in the newspaper and distributed to all subscribers, constitutes sufficient publication of the official ballot.
71-52 Oct 27 Hon. Elmer L. Pigg WITHDRAWN
75-52 Feb 29 PRIVATE CORPORATIONS.
PRIVATE BENEVOLENT ASSOCIATIONS.
COUNTY COURT.
PUBLIC MONEY, CONTRIBUTIONS OR GIFTS.
No county, city or other political subdivision of the State of Missouri can contribute or give any public funds to the “Executive Committee of the Greater Jefferson City Committee, Inc.” as the same is a private corporation.
76-52 Oct 7 HEALTH.
HOSPITALS.
COUNTY COURT.
The dissolution of a county public health center can only be accomplished as provided by statute. County court without authority to reduce tax rate voted for county public health center.
77-52 Jan 10 Hon. Leo J. Rozier WITHDRAWN
77-52 Oct 17 BOND ELECTIONS.
FORM OF BALLOT.
COUNTY BOND ELECTIONS.
The form of the constitutional ballot may not be used in submitting a county bond issue to the voters. The proposition should be placed on a separate ballot, printed and in the form prescribed in Section 108.060, RSMo 1949.
79-52 Feb 20 COUNTY COURTS.
STOCK LAW.
Section 270.090, RSMo 1949, makes it mandatory upon a county court, upon petition of 100 householders anywhere within such county to submit the issue of invoking the stock law at a general election held in such county and it is discretionary with county court as to whether such issue is to be submitted at a special election preceding any general election. Under Section 270.130, RSMo 1949, a single township within county is not authorized to petition the county court to hold an election to invoke the stock law within such single township.
79-52 Apr 18 COUNTY COURT.
LAW LIBRARY.
A county court of a county of the fourth class has no authority to establish and maintain a law library for the use of the circuit judge, prosecuting attorney and members of the county bar.
81-52 Jan 31 COUNTY SCHOOL SUPERINTENDENT.
SECRETARY’S SALARY.
Salary of secretary to county school superintendent is limited to $1500 per annum. Money provided by law for traveling expenses of superintendent cannot be diverted to payment of secretary’s salary.
81-52 Mar 15 ADJUTANT GENERAL.
ARMORIES.
APPROPRIATIONS.
FUNDS.
Adjutant General authorized to accept moneys from the Federal Government to construct armories, providing the construction is accomplished by compliance with state laws relating to public works.
81-52 Apr 17 FEES.
MAGISTRATE COURT.
SHERIFFS.
PROSECUTING ATTORNEYS.
1. In cases where a fine has been assessed against a defendant and the defendant is unable to pay the costs or fine or both, and serves out the fine in jail, or where a jail sentence is assessed, that the county is liable for the $2.50 magistrate fee.
2. In situations such as are set forth in part 1 of this conclusion, the county would not be liable to pay the fee of the sheriff or the prosecuting attorney.
81-52 June 4 BANKS. State chartered bank in solvent condition may, with approval of Commissioner of Finance, voluntarily dissolve under provisions of general and business corporation laws, Chap. 351, RSMo 1949.
81-52 June 16 BANKS. State banks may issue capital notes pursuant to authority contained in Sec. 362.120, RSMo, 1949, though no impairment of capital exists.
81-52 Aug 25 Opinion Letter to Major General A. D. Sheppard
81-52 Aug 26 SCHOOLS. Teacher is not re-employed when school board votes not to re-employ teacher and written notice is given to teacher, signed by president and secretary of board.
81-52 Oct 30 Hon. D. W. Sherman, Jr. WITHDRAWN
81-52 Nov 19 PAUPERS.
COUNTY COURT.
DIVISION OF WELFARE.
County court may designate county welfare director as its agent to distribute county pauper fund.
82-52 Jan 15 Hon. Tom A. Shockley WITHDRAWN
82-52 Apr 23 MOTOR VEHICLES.
CHAUFFEUR’S LICENSE.
Section 302.010, et seq., does not require contractor driving own truck to work to have chauffeur’s license.
82-52 Aug 21 ELECTIONS.
GENERAL ASSEMBLY.
LEGISLATURE.
SENATE.
STATE SENATE.
Only counties comprising old senatorial district entitled to vote in special election for senator to fill vacancy for remainder of term.
83-52 June 10 RIVERS.
BOUNDARIES.
Change in channel of Missouri river by avulsion does not change former boundary line which was the center of old channel.
85-52 Oct 1 AGRICULTURE.
LICENSES.
An out-of-state dealer in eggs who maintains no place of business for the sale of same within the state is not required to obtain a license under the provisions of Section 196.335, RSMo 1949; no provision exists for the collection of unpaid license fees for prior years.
85-52 Nov 19 COMMISSIONER OF AGRICULTURE.
FOODS AND DRUGS.
Product containing less than 8% milk fats; or one in which milk fats have been substituted by use of non-milk type fats; and product to which such oils have been added to ingredients provided by Sec. 196.850 RSMo 1949, defining ice cream; and manufacture, sale, or offer to sell products as, or for ice cream is illegal, but manufacture, sale or offer to sell product not as or for ice cream not illegal.
85-52 Nov 21 COMMISSIONER OF AGRICULTURE.
FOOD AND DRUGS.
Manufacture and sale of a frozen food product which contains vegetable fat does not violate provisions of Section 196.705, RSMo 1949.
86-52 Jan 25 AGRICULTURE.
SCREENINGS – DEFINITIONS.
Section 266.270, RSMo 1949, prohibits the mixture of feed with materials appearing in the proposed definition of “Chaff and/or Dust.”
86-52 Aug 18 SCHOOLS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
Teacher who continues to teach after attaining compulsory retirement age is entitled to receive retirement allowance upon separation from active teaching service.
88-52 Dec 18 STATE INCOME TAX.
PROFITS FROM SALE OF BREEDING CATTLE.
VALUATION.
Director of revenue lacks power under Section 143.200, RSMo 1949, to make regulation that profits of individual taxpayer, from sale of breeding stock or dairy cattle is to be assessed to full value unless owned 12 months prior to sale.
89-52 Jan 14 CIRCUIT CLERKS, FEES. Clerk of the circuit court may demand payment in advance for certified copies of records in his office.
89-52 Jan 15 TAXATION.
VOID TAX SALE.
PURCHASER’S BID TO BE REFUNDED, WHEN
County court is authorized to refund amount of bid and interest to purchaser at void tax sale only under circumstances provided by Section 140.530, RSMo 1949. Court cannot legally refund total amount of taxes, plus interest on same to purchaser who paid taxes on land described in collector’s deed for years subsequent to void tax sale.
89-52 Jan 31 ELECTIONS. April 29th last day for filing for nomination in August primary.
89-52 Feb 15 LOTTERIES. A transaction, whereby with the sale of an admission ticket or a sale of merchandise, a coupon would be given, entitling the holder to a chance at a prize, would be a lottery and would therefore be illegal.
89-52 Mar 4 Hon. Walter Toberman WITHDRAWN
89-52 May 1 ELECTIONS.
SECRETARY OF STATE.
Declarations of candidacy for nomination on Socialist Labor, Progressive, Christian Nationalist and Socialist Party tickets should be certified to county clerks by Secretary of State.
89-52 May 15 CIRCUIT JUDGE – TERM OF OFFICE ON APPOINTMENT TO FILL A VACANCY UNDER NON-PARTISAN COURT PLAN. A Circuit Judge appointed to fill a vacancy under the provisions of the non-partisan court plan provided in Art. V of the Constitution of this State will hold office for a term ending Dec. 31, following the next General Election after the said Circuit Judge has been in the office for a period of twelve months after his appointment.
89-52 June 10 Hon. Walter H. Toberman WITHDRAWN
89-52 June 13 AGRICULTURE. Regulations 3, sub-part a and 4, sub-part a, are valid and enforceable insofar as they do not conflict with applicable federal regulations upon the same subject.
89-52 Aug 28 ELECTIONS.
POLITICAL PARTIES.
AMERICA FIRST PARTY.
The candidates for president and vice-president of the America First Party should be certified out by the Secretary of State for the election to be held in November, 1952.
89-52 Oct 21 ELECTIONS. National director of political party may not withdraw names of presidential and vice presidential candidates.
89-52 Nov 12 RECORDERS.
COUNTIES.
Instruments retained on file in county recorder’s office for one year as required by Section 59.360, RSMo 1949, to be disposed of in manner set forth in Section 59.430 if possible, and if not so disposed of the same may be removed to any convenient and safe storage space.
90-52 Apr 3 MERIT SYSTEM.
EMPLOYMENT SECURITY.
1) Chief Appeals Referee in Division of Employment Security not an attorney within exemption provisions of State Merit System Act; 2) Incumbent with merit system status under Merit System Council continues to enjoy merit status.
91-52 Feb 20 Mr. Joseph P. Uxa WITHDRAWN
92-52 Apr 1 MOTOR VEHICLES.
SUSPENSION OF OPERATOR’S AND CHAUFFEUR’S LICENSES.
Sec. 302.170(3) RSMo 1949, was repealed by Amended S.C.S. for H.C.S. for House Bills 22, 49, 56 and 114, 66th General Assembly, effective Jan. 1, 1952. Sec. 302.225(4) of act grants named courts power to order suspension and revocation of operator’s and chauffeur’s license for causes in act. Upon conviction of offense for which license can be, and is ordered suspended, trial court must report same to Director of Revenue, who has mandatory duty to suspend license for time specified in statute. Trial court cannot order license surrendered for suspension period.
92-52 Sept 10 NONINTOXICATING BEER.
ELECTION DAYS.
The sale of nonintoxicating beer on election days by persons holding licenses to sell nonintoxicating beer is legal.
93-52 May 5 OFFICERS. The offices of mayor of a fourth class city and director of an incorporated fire district are compatible.
93-52 Oct 22 HEALTH.
COUNTIES.
County public health center operating under Chapter 205, RSMo 1949, has no express or implied power to purchase site for county garbage dump.
93-52 Nov 20 COUNTIES OF FIRST CLASS.
UNDER CHARTER FORM OF GOVERNMENT.
COUNTY CHARTER. CONSTABLE’S SALARIES.
CONSTITUTION (SECS. 18(E) AND 18(B) OF ARTICLE VI).
Salaries of constables in St. Louis County are set by County Charter.
94-52 Aug 19 SAVINGS AND LOAN ASSOCIATIONS. Savings and Loan Association subject to provisions of Chap. 369, RSMo 1949, may not amend charter to vest power in board of directors to make, amend, alter and repeal by-laws.
94-52 Oct 31 BONDS.
SEWER BONDS.
ELECTIONS.
(1) Water-Sewer Revenue Bonds authorized by House Bill No. 45, 1951, need not be offered for public sale; (2) and need only a four-seventh vote.
94-52 Nov 18 TAXATION.
SCHOOLS.
In computing the average school levy for railroads and other public utilities all districts including fractional districts partially within the county should be considered. If there has been a partial failure to levy school taxes, such may be carried in a supplemental tax book and collected as other taxes.
96-52 Feb 20 SCHOOLS.
PUBLIC BUILDINGS.
School board authorized to construct school building without entering into formal contract for same. School board could make direct purchases of materials needed and employ necessary labor to do the work.
96-52 May 17 SCHOOLS.
STATE AID.
Enlarged school district entitled to receive state aid as provided in Senate Bill 143 when building program was begun before effective date of said bill but will not be completed until after said date. Enlarged school district with more than 250 pupils enrolled entitled to additional building aid under Senate Bill No. 143 in carrying out an additional building program.
96-52 June 18 SCHOOLS.
APPROPRIATIONS.
State Board of Education may apportion as excess school moneys one half of the biennium appropriation made by the Legislature for school purposes.
97-52 Jan 11 TIMBER.
RECORDS KEPT BY PURCHASER.
Record as to the section, township and range on which timber grew is sufficient.
97-52 Jan 16 OFFICERS. Officers whose residence is five or more miles from point where he serves as a witness is entitled to receive witness fees.
97-52 Oct 27 ELECTION JUDGES.
CANDIDATES FOR OFFICE.
A candidate for office cannot serve as an election judge at the election in which he is a candidate.
99-52 May 23 COUNTY COURTS.
ADJOURNED TERMS.
Two judges constituting a quorum for doing business under Section 49.070 RSMo 1949, may legally call an adjourned term of county court on Saturday following adjournment of regular term the previous day, under authority of Section 49.200 RSMo 1949.