1953 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-53 Apr 29 MOTOR VEHICLES.
CRIMINAL LAW.
PENALTY.
Calculation of allowable weight per tire as provided under Sec. 304.180, Mo. RS. Cum. Supp. 1951. Lack of criminal intent no defense for violation of foregoing statute under Sec. 304.240, Mo. RS. Cum. Supp. 1951.
1-53 July 9 INTANGIBLE PERSONAL PROPERTY TAX. Payments received by Educational Credit Bureau, Inc., a Missouri corporation, from students located outside the State of Missouri are not to be included for the purpose of determining the tax of that corporation under the provisions of Credit Institutions Act.
1-53 Oct 2 ELECTIONS.
ELECTION COMMISSIONERS.
Members of boards of election commissioners provided for in Senate Bill No. 5 of 67th General Assembly, applicable to counties containing city or part of city of more than 400,000, do not have to be confirmed by Senate.
2-53 Jan 29 HEALTH, DEPARTMENT OF.
ADULTERATED FOODS.
The offering for sale of meat product designated as “tenderette,” the advertisement of which states the ingredients contained therein, none of which ingredients are injurious to health in the proportion used in such product and none of which ingredients are prohibited by Missouri law, is not in violation of the laws of Missouri.
2-53 Jan 31 DIVISION OF HEALTH. It is the duty of the Director of the Division of Health to enforce Section 315.080, RSMo 1949, throughout the State of Missouri, in all cities, including those under special constitutional charter, except as to hotels of fireproof construction of more than three stories in height situated in cities now having fire and building ordinance regulations and which are erected and maintained in compliance with such fire and building ordinances.
2-53 Feb 17 HEALTH, DIVISION OF.
REGULATIONS, EFFECT OF.
State Milk Regulations of Division of Health promulgated under authority of Sections 196.045 and 196.050 RSMo 1949, of food and drug laws, and coming within narrow limits of subject matter and scope of operation, and have the force and effect of statutory laws.
2-53 Mar 26 DIVISION OF HEALTH.
BIRTH CERTIFICATES.
The Division of Health may accept for filing, after the time prescribed for filing, the birth certificate of one whose birth certificate is on file in another state, upon the submission of proof by such person sufficient to convince the Division of Health that he was born in this state.
2-53 Apr 21 DIVISION OF HEALTH.
BIRTH CERTIFICATES.
Division of Health may not amend or alter a birth certificate except at request of person whose birth certificate it is sought to have altered or amended, then only upon submission of such proof as required by Div. or court.
2-53 Apr 22 SEWER DISTRICTS. It is illegal for city, town, village or sewer district to place a rental charge on its sewer system for maintenance thereof or for building up construction reserve, unless revenue bonds are first voted and issued.
2-53 Apr 29 Hon. James R. Amos, M.D. WITHDRAWN
2-53 May 1 DIVISION OF HEALTH.
ILLEGITIMATE CHILDREN.
BIRTH CERTIFICATES.
The information required in a birth certificate is very largely a matter of discretion resting in the Department of Health of the State of Missouri; that mothers may assign names to their children in those cases where paternity is doubtful or in which the child is illegitimate; that birth records, based upon information furnished by the mother of the child, which records supply personal particulars relating to the father, but not the name of the father, should not have the name of the child removed nor the information relating to the father, prior to the filing of the birth certificate.
2-53 May 7 COUNTY HEALTH CENTERS.
TRUSTEES’ LIABILITY FOR MEDICAL AND NURSING MALPRACTICE.
Board of Trustees of County health Center, or members, when performing statutory duties, act officially. Not legally liable for medical or nursing malpractice allegedly committed by board, or members during performance of official acts. But if board directs, participates in, or subsequently ratifies acts of malpractice of its personnel, or knowingly employs doctors and nurses lacking necessary professional qualifications, experience and fitness to perform assigned duties, then board, or members engaging in such activities would be personally liable to patient injured by malpractice of said personnel.
2-53 May 11 DIVISION OF HEALTH.
BIRTH CERTIFICATES.
ADOPTION.
Birth certificate of illegitimate child adopted by husband of child’s mother in adoption proceeding in which natural mother did not join should contain information regarding adopting father and information contained in original birth certificate regarding the natural mother.
2-53 Sept 3 DIVISION OF HEALTH. A soft drink consisting of orange juice, water, stabilizer and preservatives, in a container labeled “Orange Blend” is not misbranded under the Missouri Food, Drug and Cosmetic Law. Definitions: “drink” “mix” and “blend.”
2-53 Sept 17 CONSTRUCTION OF STATUTES.
FOOD AND DRUGS.
NONALCOHOLIC DRINKS.
Sections 196.125, 196.130 and 196.135, RSMo 1949, to be read and construed along with other sections of RSMo 1949, particularly Sections 196.010, 196.045, and 196.050. Nonalcoholic drink a food within meaning of Section 196.010. Manufacturer of such drink containing fluoride compound, who makes, sells, offers or exposes to sale, or has same in his possession with intention to sell, when drink is adulterated, is subject to criminal prosecution for violating Sections 196.130 and 196.135, unless satisfactory evidence offered to State Division of Health as provided by Section 196.085, that fluoride compound in drink was required or could not be avoided in manufacturing process. Division of Health to promulgate regulations limiting fluoride compounds, and allow production to continue. Product not deemed adulterated, and manufacturer cannot be criminally prosecuted under Sections 196.130 and 196.135, RSMo 1949.
2-53 Sept 21 NARCOTIC DRUGS.
HOUSE BILL 185.
DIVISION OF HEALTH.
Division of Health should issue a license for the sale of narcotic drugs by wholesale to such applicants as give satisfactory proof of the matters set forth in paragraphs 1 and 2 of Section 195.040, RSMo. 1949; Division of Health is not justified in withholding such a license until such applicant furnishes proof that he is a licensed pharmacist or has a licensed pharmacist in his employ.
3-53 Mar 11 APPROPRIATIONS. No disbursements to be made under Section 10.380, Laws of Mo., 1951, page 235, in absence of valid contract for work.
3-53 Mar 11 APPROPRIATIONS. Comptroller should not certify any disbursements under H.S.H.R. No. 13 until termination of pending litigation.
3-53 Apr 16 APPROPRIATIONS.
COMPTROLLER.
CONSTITUTIONAL LAW.
BOUNTIES.
Attempted limitation of reimbursement to Counties for payment of bounties by Perfected H.B. 224, Sec. 8, and Perfected H.B. 325, Sec. 3.160, unconstitutional and void.
3-53 Apr 25 COUNTY COURTS.
PUBLIC FUNDS.
County Court cannot pay hospital and doctor bill of injured employee from public funds. Whether such employee may receive salary while hospitalized is matter within discretion of County Court. Unused balance of special fund, purpose for which raised having been accomplished, may be transferred to General Revenue Fund, or such other fund as may be in need of such fund.
3-53 May 5 SOCIAL SECURITY.
COMPTROLLER.
MOTOR VEHICLES.
Persons selling vehicle and driver’s licenses and collecting of other taxes for the State Department of Revenue under the provisions of Laws of Mo. 1951, page 863, are not covered under the provisions of the Old Age and Survivor’s Insurance, page 788, Laws Mo. 1951.
3-53 May 29 MISSOURI DENTAL BOARD. Missouri Dental Board may employ legal counsel.
3-53 June 5 APPROPRIATIONS. Kansas City not entitled to reimbursement from state for mental patients in hospital maintained by public funds in absence of appropriation therefor.
3-53 July 7 APPROPRIATIONS. No statutory authority exists to permit the state to become obligated to pay the expenses of a band and drum and bugle corps designated by a particular Veterans’ Organization in attending its National Convention.
3-53 July 30 CIRCUIT COURTS.
JUDGES.
SALARIES AND FEES.
A Circuit Judge retired under Article V, Sec. 27, Constitution of Missouri, 1945, is entitled to receive one-half of the amount of what would be his present salary were he not retired and remained in office, rather than one-half of his salary at the time of his retirement. Such retired Judges are entitled to the benefits of any increase of salary of Circuit Judges made after their retirement, but before the end of their term of office.
3-53 July 30 APPROPRIATION.
DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
CONSTITUTIONAL.
GENERAL ASSEMBLY.
Construing House Bill 396 passed by the 67th General Assembly. Part invalid as an attempt by the General Assembly to legislate in an appropriation act.
3-53 July 31 TAXATION. Steamboats and other vessels owned by corporations to be assessed in the county in which such owner has its principal place of business.
3-53 Aug 19 Mr. Newton Atterbury WITHDRAWN
3-53 Oct 14 Hon. Roderic R. Ashby WITHDRAWN
3-53 Nov 16 GENERAL ASSEMBLY.
APPROPRIATION.
COMPTROLLER.
Contingent expenses of the General Assembly incurred prior to July 1, 1953 can be paid out of contingent fund General Assembly appropriation 1951-53 and out of Section 8.020, House Bill 397 passed by the 67th General Assembly.
3-53 Dec 22 CIVILIAN EMPLOYEES.
SOCIAL SECURITY.
Civilian employees of the National Guard, who are paid by the Federal Government, are not subject to coverage under State Social Security Law.
4-53 Jan 8 CONDEMNATION FOR RIGHT OF WAY. It is the duty of the Prosecuting Attorney to represent the county in condemnation of right-of-way for establishment of county road.
4-53 June 25 MOTOR VEHICLE.
REGISTRATION.
LICENSE.
A motor vehicle registration license is unnecessary where the motor vehicle is used exclusively on the private property of the owner.
5-53 Mar 30 CRIMINAL LAW.
HIGHWAYS.
MOTOR VEHICLES.
Mere accidental dropping of dangerous substances upon highways is not alone a criminal offense. Penalty for violation of Section 304.160, RSMo 1949, provided by Section 304.570, RSMo 1949.
5-53 Apr 3 SPECIAL ROAD DISTRICTS.
ELECTIONS.
Manner of casting a ballot in an election to continue or discontinue the organization of a special road district.
5-53 May 21 SUBPOENAS.
WITNESSES.
Circuit Clerk may issue subpoena in blank.
5-53 July 7 TAXATION.
SERVICEMAN.
Penalty for delinquent state and county property taxes should not be assessed on property owned as tenants by the entirety, where such delinquency occurs during period that husband is absent from his home and engaged in the military service of this state or of the United States.
5-53 July 31 TAXATION. Unassessed personal property may not be added to tax books after October 31 by assessor, collector or county court, and therefore person whose property was not assessed is entitled to a statement that no taxes were owed by him. County of residence on January 1 is county from which statement regarding personal property tax liability must be obtained for use under Section 301.025, MoRS, 1951 Supp.
5-53 Nov 16 LOTTERIES.
GIFT ENTERPRISES.
An operation whereby a school issues numbered receipts for ten cents each, or twelve for $1.00, which receipts entitle the holder to a chance for a prize, contains the elements of a lottery and is, therefore, illegal.
6-53 Sept 11 COUNTY COURTS THIRD CLASS COUNTIES.
SALARY AND MILEAGE.
It is the opinion of this department that county court judges, in counties of the third class, will, for the remainder of their present terms, receive $10.00 per day for the first ten days in any month in which court is held, and $5.00 per day for each additional day in each month in which court is held, and 5¢ per mile necessarily travelled in going to and returning from the place of holding court.
6-53 Oct 22 Hon. J. Abner Beck WITHDRAWN
6-53 Oct 29 TAXATION.
MERCHANTS TAX.
Person who at his residence in one county, by telephone and mail, sells ties stored in another county is a merchant and subject to merchants tax.
7-53 Jan 1 SCHOOLS. Board of directors of school district may direct where pupils will attend school within the district in order to provide best educational facilities for school children.
10-53 Apr 29 MUNICIPAL CORPORATIONS.
BONDS.
(1) Bonds voted for sewer system may not be converted for use on water system; (2) city could not become indebted for 20% of its valuation for such purpose and also 10% of its valuation for water system.
10-53 May 27 CRIMINAL LAW.
PRELIMINARY HEARING.
No authorization for payment for a copy of the transcript of the original examination in the preliminary hearing of a homicide case.
10-53 June 11 CONSERVATION COMMISSION.
APPROPRIATION.
LEGISLATURE.
Construing Section 4.510 of House Bill No. 361, passed by the Sixty-seventh General Assembly.
10-53 June 24 CONSERVATION COMMISSION AGENTS POWERS. No Conservation Commission agent or other officer has any lawful authority to confiscate or hold permanently or destroy property of an individual used in the violation of the Game and Fish Laws or regulations of the Conservation Commission. Such officer or agent may only take temporarily into his custody any such property to be used as evidence to convict a violator.
10-53 Nov 12 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL TRANSPORTATION.
Board of directors in common school district may employ parent of child to transport such child to school, but may not employ the child himself or make allowances to such child in lieu of transportation; school districts not liable in tort for negligence of driver.
11-53 June 15 PROSECUTING ATTORNEYS.
SALARIES.
Effective date of H.B. 160 is August 29, 1953. In computing salary of prosecuting attorney in 3rd and 4th class county, determine the base salary; add 25% of base salary; add 25% of this figure; add $600.00.
12-53 Mar 10 LEGISLATURE AND STATUTES. Construction placed on proposed House Bill.
12-53 Apr 17 MOTOR VEHICLES.
DIRECTOR OF REVENUE.
LICENSE.
The term “owner” in Section 301.010, Laws Mo. 1951, •means: (1) The .holder of the legal title. (2) The vendee when the vehicle is subject to an agreement for conditional sale. (3) The vendee when the vehicle is subject to an agreement on a lease with a condition of sale. (4) A mortgagor in the event he is entitled to possession of the vehicle; in accordance with the definition in said section.
12-53 July 21 MOTOR VEHICLES.
SALES OR USE TAX.
EXEMPTIONS.
1) When a surviving spouse inherits motor vehicle from deceased owner who paid sales or use tax required by Secs. 144.440 and 144.450, Laws of Mo. 1951, and adds names of children to application for title as co-owners and surviving spouse’s interest is exempt from tax under latter sec., children are not entitled to exemption under said sec. They are required to pay tax in amount of 2% of purchase price of vehicle less value of interest of surviving spouse. 2) A motor vehicle registered and operated in another state in good faith by owner 90 days, then moved into Missouri where certificate of title is sought, if sales tax paid by owner on purchase price in state of registry, and application for title is only in name of owner, he is exempt from sales or use tax under Sec. 144.450, supra. If owner gives spouse an interest in vehicle and desires spouse’s name on application and certificate of title, Missouri sales or use tax is due. Tax is 2% of purchase price or appraised value of vehicle less value of interest retained by owner.
12-53 Sept 23 MOTOR VEHICLE.
REGISTRATION.
LICENSE AND FEE.
Payment of prescribed registration fees under Sec. 301.060, Laws Mo. 1951, is required and a certificate of ownership to a motor vehicle must first be obtained as a prerequisite to obtaining a certificate of registration under Sec. 301.010(19) RSMo. 1949. Under the provision of the definition of owner in Sec. 301.010(18) Laws Mo. 1951, page 695, 697, the Director of Revenue is not authorized to register a motor vehicle in the name of any person except the owner under the definition of said section.
13-53 Jan 29 OFFICERS.
FEES AND SALARIES.
SHERIFFS.
Salary of sheriff in fourth class elected in 1948 is reduced by change in population as shown by 1950 decennial census.
13-53 Feb 6 Mr. Hilary A. Bush WITHDRAWN
13-53 Mar 5 EXTRADITIONS. A finding by a juvenile court that a person under seventeen years of age is a juvenile delinquent is not the basis for extradition and such person cannot be extradited on the basis of the delinquency charge.
13-53 May 15 NEPOTISM.
PUBLIC OFFICER.
Receiving personal service from wife does not violate Section 6, Article VII Constitution of Missouri 1945, where the wife does not occupy an official position nor render service to the State.
13-53 May 28 PUBLIC OFFICERS. Offices of County Judge and Deputy Sheriff incompatible, and one person cannot hold both offices simultaneously.
13-53 July 13 CO-OPERATIVE ASSOCIATIONS.
TAXES.
The Pure Milk Producers Assoc. of Kansas City, Missouri, is not exempt from payment of a merchant’s tax levied by the County Court of Jackson County Missouri.
13-53 Aug 5 COUNTY ASSESSORS. Compensation of assessor who takes office September 1, 1953, determined under Senate Bill No. 40 of the 67th General Assembly.
13-53 Oct 9 STATE MERIT SYSTEM LAW.
SECRETARY BOARD OF PROBATION AND PAROLE.
That the provisions of the State Merit System Law do not apply to the Secretary of the Board of Probation and Parole.
13-53 Oct 28 SHERIFFS.
COUNTY COURTS.
DEPUTIES.
County court of a first class county has authority to authorize the appointment of deputy sheriffs in addition to statutory number and to appropriate money for their compensation regardless that the sheriff has voluntarily stated to the court that he proposes to have such additional deputies attend a full-time, two-month training course while employed as deputy sheriff.
13-53 Nov 17 COUNTY COURTS.
PLANNING COMMISSION.
JACKSON COUNTY.
The Planning Commission of Jackson County is not authorized to appoint attorneys to represent it; the Planning Commission of Jackson County, the Board of Zoning Adjustment of Jackson County, and the County Court of Jackson County, are to be represented by the county counselor of Jackson County.
14-53 Feb 6 BOARD OF ELECTION COMMISSIONERS. Board of Election Commissioners of City of St. Louis has authority to provide for an additional magistrate district by virtue of the 1950 census and is vested with sole authority to create such new district.
14-53 Apr 28 COUNTY COLLECTOR.
PROSECUTING ATTORNEY.
TAXATION.
In suit to collect delinquent tangible personal property taxes in Class 2 counties: 1) Collector should institute necessary proceedings; 2) Prosecuting Attorney should prosecute such suites without additional compensation to himself, and, 3) Such suits should be in the name of the State of Missouri at the relation, and to the use of the Collector.
15-53 Jan 12 DEPARTMENT OF CORRECTIONS. Department of Corrections has no authority to charge off items due Penitentiary Industries Revolving Fund. Unpaid sums due Penitentiary Industries Revolving Fund for Auto License plates furnished other departments of State Government.
15-53 Feb 16 MOTOR VEHICLES.
DEPARTMENT OF REVENUE.
Reciprocity between Missouri and Illinois.
15-53 Mar 12 MOTOR VEHICLES OPERATORS’ LICENSES. Licenses not revocable for conviction of three offenses of careless driving within two years, when offense occurred prior to effective date of Section 302.271, V.A.M.S.
15-53 Apr 21 FEED.
AGRICULTURE.
“Custom-mixed feeds” do not come within provisions of Missouri Feed Law, Sections 266.150-266.280, RSMo 1949. Feeds compounded by ingredients in proportions representing the average requested by various feeders and offered or exposed for sale to customers in the ordinary course of business as a “custom-made cattle feed” is a “commercial-feeding stuff” within the provisions of the Missouri Feed Law.
15-53 Aug 5 AGRICULTURE.
STATE ENTOMOLOGIST.
Notice to a resident of an area found by the State Entomologist to be infested with the Japanese beetle, stating that on a given date the area would be treated with DDT, and advising such resident to take certain measures to protect his property, is not authorized or required by law, has no legal effect, and its service upon the resident is merely a matter of courtesy.
15-53 Aug 17 SCHOOLS.
SCHOOL DISTRICTS.
Public meeting must be held in order to effect valid dissolution of reorganized school district in accordance with Sec. 165.310, RSMo 1949. Attempt to organize school districts from territory included in reorganized school district following invalid attempt at dissolution of reorganized school district is void and officers of such common school districts have no authority or legal standing as such.
15-53 Sept 1 AGRICULTURE. Under Section 266.080, Mo. R.S., Cum. Supp. 1951, a farmer or seed producer selling seed of his own production, who delivers such seed to a purchaser via a common carrier, or who advertises same in a newspaper published outside the county of his residence, is a seedsman and must comply with all the requirements of the Missouri Seed Law. The membership of such producer in the Missouri Seed Improvement Association, an organization which tests and certifies seed produced by its members, does not take such producer outside the purview of such statute.
15-53 Sept 3 AGRICULTURE. A statement in an advertisement that seed has been “cleaned” or “recleaned” is not a “statement of the quality, purity, or cleanliness of the seed” within the contemplation of Subsection (3) (d) of Section 266.080, Cum. Supp. 1951; and that a farmer selling seed of his own production is not, by reason of use of such description in advertising, deprived of the exemption provided him by said section.
15-53 Sept 22 AGRICULTURE.
SEED.
A farmer offering unlabeled seed for sale by a public sales service violates Section 266.071, Paragraph 1, Subsection (2), RSMo, Cumulative Supplement, 1951, and the operator of a “community sales service” may also be held criminally liable for selling unlabeled seed in violation of the above section.
15-53 Dec 4 SPECIAL ROAD DISTRICT.
COUNTY COURT.
STATUTES.
Construction of Section 233.320 and 233.325 RSMo. 1949 relative to the formation of special road districts.
16-53 Oct 30 Hon. L. M. Chiswell WITHDRAWN
18-53 June 6 GARNISHMENT.
MAGISTRATE COURTS.
In Magistrate Court only money owed to the defendant, by the garnishee, at time of answer of interrogatories is subject to garnishment.
19-53 Mar 5 GRAND JURY.
CRIMINAL LAW.
EVIDENCE.
CIRCUIT COURT.
Authority of member of a grand jury to testify in trial on an indictment as to a confession made before said grand jury by the defendant. Official court reporter who took testimony before grand jury unauthorized to testify at the trial on an indictment returned by the grand jury.
19-53 Mar 10 DEPARTMENT OF BUSINESS AND ADMINISTRATION. No appropriation may be made for Bi-State Development Agency subsequent to December 31, 1951.
19-53 Apr 8 CONSTITUTIONAL LAW.
GENERAL ASSEMBLY.
Members of General Assembly privileged from arrest except for cases of treason, felony or breach of the peace, during the session of the General Assembly and for the fifteen days next before the commencement and after the termination of each session.
19-53 June 11 ATHLETIC COMMISSION.
CRIMINAL LAW.
BOXING.
WRESTLING.
Sponsorship of private wrestling show by unlicensed organization not criminal. “Booking” of professional wrestlers for wrestling show, either public or private not criminal.
19-53 July 14 Hon. Bert Cooper WITHDRAWN
19-53 Sept 2 APPROPRIATIONS. Appropriation for the payment of salary of “other necessary employees” may not be used for payment of salary increase of the Director, Department of Business and Administration.
19-53 Sept 19 CONSERVATION COMMISSION. Form denoted “Special Use Permit” is in proper legal form and, when duly executed, will be enforceable as to the provisions thereof.
19-53 Sept 19 CONSERVATION COMMISSION.
DAMAGES.
Proposed form of easement for flood rights is in proper legal form and, when duly executed, will protect the Conservation Commission from claims for all damages resulting from the construction and maintenance of a dam on Big Lake in Holt County, Mo.
20-53 Jan 29 MERCHANDISE.
ASSESSMENT.
TAXATION.
Merchant’s stock of goods should be taxed at the place where it is located.
20-53 Feb 3 COSMETOLOGY.
PRACTICE OF.
STATE BOARD OF COSMETOLOGY.
COMPENSATION.
TIPS, LICENSE.
A person who dresses hair and receives nothing for such service is not required to obtain a certificate of registration from the State Board of Cosmetology. What constitutes the occupation of hairdressing, cosmetology and manicuring is set forth in detail in Section 329.020, supra, and where the things enumerated are done for tips regularly give they constitute compensation and a license must be secured.
20-53 Feb 19 SCHOOLS.
ELECTION.
Proponents and opponents of school bond issue under Section 165.040, RSMo 1949, not entitled to challengers and checkers at election on said bonds.
20-53 May 11 SCHOOLS. Apportionment of “county foreign insurance tax fund” moneys referred to in Sec. 148.360, RSMo 1949, to be based on number of school children in each county. Where school district lies in two or more counties split enumeration must be considered according to rule announces in subparagraph 4 of Sec. 165.190.
20-53 June 19 SCHOOLS.
ELECTIONS.
ABSENTEE BALLOTS.
Absentee ballots must be cast in school elections on question of issuing bonds or increasing tax rate. Application for absentee ballots made to official charged with furnishing regular ballots. Absentee ballots counted by canvassers appointed by body or officials charged with duty of canvassing election returns.
20-53 July 16 SCHOOL DISTRICTS.
TAXATION.
Revised estimate and changed levy may be filed if such action is taken prior to any action having been taken upon the original estimate and levy.
20-53 Sept 3 WORKMEN’S COMPENSATION.
INSURANCE.
Employers under the Workmen’s Compensation Act must pay the total cost of insurance covering their liability to their employees. The Employee is prohibited, by the Compensation Act of this State, from paying any part of such cost of insurance.
20-53 Dec 23 COUNTY COURTS.
HEALTH.
NURSES.
PUBLIC HEALTH.
A County Court is not authorized to employ a public health nurse unless the Division of Health has made a formal written report that it considers the services of a public health nurse necessary, under Section 192.140, RSMo 1949, or unless a petition signed by two hundred and fifty taxpayers has been presented to the County Court asking for appointment of a public health nurse or nurses, under Section 192.160, RSMo 1949.
21-53 Feb 10 CONSTITUTIONAL LAW. Missouri State Highway Commission determination of limited access to state highway prevails over inconsistent city ordinance.
21-53 Apr 9 Hon. Bill Davenport WITHDRAWN
21-53 Apr 16 SCHOOLS.
BUILDINGS.
Board of directors of local reorganization school district may rescind order for election to authorize issuance of bonds for borrowing money for purpose of erection of school building.
21-53 May 22 CRIMINAL LAW.
CIRCUIT CLERKS.
(1) No criminal prosecution would lie for dumping rubbish along banks of stream on own property which washes down stream in high water; (2) Sec. 583.280, Mo. R.S., 1951 Supp., relating to compensation of clerks of courts of criminal jurisdiction, applies only in counties having population in excess of 500,000 or in cities of such population.
21-53 June 13 Hon. Bill Davenport WITHDRAWN
21-53 Aug 17 COMPENSATION.
COUNTY RECORDER.
That the county recorder in fourth class counties wherein the offices of circuit clerk and recorder have been combined, shall receive only that portion of the additional compensation provided in Section 2 of Senate Bill 166, passed by the 67th General Assembly, prorated from the effective date of said bill; furthermore, that such payment shall be made in monthly installments as provided under Section 50.330, RSMo 1949.
21-53 Oct 2 SPECIAL ROAD DISTRICTS.
FOURTH CLASS, NON-TOWNSHIP COUNTIES.
TREASURER’S DUTY.
Treasurer of fourth class, non-township county also treasurer of special benefit assessment road district organized under Sections 233.170 to 233.315, RSMo 1949. When district commissioners draw warrant on treasurer issued in payment of construction or improvements on district’s roads to member of court of said county, and warrant is regular on face, it is duty of treasurer to cash same out of available district funds. He and sureties will not incur liability on official bond.
21-53 Nov 5 CRIMINAL PROCEDURE.
SECTION 544.530, RSMO. 1949.
SUPREME COURT RULE 32.01.
Under provisions of Section 544.530 RSMo. 1949, and Supreme Court Rule 32.01, when defendant is charged by indictment or information with criminal offense in circuit court, bail not fixed, and court not in session, it is mandatory duty of circuit clerk to ascertain if offense is bailable within meaning of Article 1, Section 20, Constitution of Missouri, 1945. If bailable, to fix reasonable bail, and to release defendant when sufficient bond in that sum given. If offense not bailable, bail must be refused. Reasonableness of bail question of fact for clerk. Bail fixed in greater sum than will secure attendance of defendant at trial or from time to time, term to term continued to, and restrains defendant from departing without leave, is excessive within meaning of Article 1, Section 21, Constitution of Missouri, 1945, and denies defendant’s constitutional right to bail for bailable offense. Subject to these exceptions clerk has no discretionary powers of refusal to admit defendant to bail or to prescribe time, place or conditions of admittance to bail.
22-53 Apr 21 CHARTER COUNTIES.
CITIES, TOWNS AND VILLAGES.
The term “incorporated cities,” found in Section 18(c), Article VI, Constitution of Missouri, includes all incorporated cities, towns and villages.
22-53 May 15 FOODS AND DRUGS.
BUTTER.
AGRICULTURE.
The mixing within the State of Missouri of butter, vegetable fats, vitamins and preservatives to make a product intended for human food without the labels specifying in what percentage the vegetable fats enter into the composition is a violation of Section 196.770, RSMo 1949, and that the offering of such product for sale, without informing the purchaser of the percentage or quantity of the various ingredients, is also a violation thereof.
22-53 June 12 COUNTY COURTS.
DRAINAGE DISTRICTS.
County courts may organize drainage districts.
22-53 Sept 22 INTOXICATING LIQUOR.
CHURCH.
PREMISE.
(1) Where an annex, which is built onto a church and which becomes a part of the church, is, at its nearest point, within the prescribed distance from a premise where intoxicating liquor is sold, that the sale of intoxicating liquor on such premise is illegal without consent; (2) That a building where intoxicating liquor is sold, which at its nearest point is within the prescribed distance from a church, may be partitioned and that if after being partitioned, a premise is created which at its nearest point is without the prescribed distance from a church, the sale of intoxicating liquor on such premise is legal.
24-53 Jan 19 CRIMINAL LAW. Secs. 12.010 and 12.020 RSMo 1949 divest State of Missouri of jurisdiction over violations of criminal law occurring on land occupied by Public Health Service Hospital, 525 Couch Avenue, Kirkwood, Missouri.
24-53 Jan 31 TOWNSHIP COUNTIES. (1) Resident of special road district may serve as member of township board, and (2) residents of special road district may vote in township elections.
24-53 Feb 6 CRIMINAL LAW.
ASSAULT AND BATTERY.
NOT GUILTY OF.
WHEN.
A surgeon performing emergency operation upon a dead woman for the purpose of saving the life of her unborn child and no permission was given from any person who could legally give same, is not guilty of assault or battery, or any other offense under the criminal laws of Missouri.
24-53 Feb 20 CRIMINAL JURISDICTION OVER WELDON SPRINGS ORDNANCE PLANT AND SYNTHETIC FUELS DEMONSTRATION PLANT. (1) That exclusive criminal jurisdiction of crimes committed on the 2,085 acre tract which comprises the U.S. Ordnance Plant area, is vested in the United States. (2) That exclusive criminal jurisdiction of crimes committed on the area which comprises the Synthetic Fuels Demonstration Plant, located in Pike County, at Louisiana, Missouri, is vested in the United States.
24-53 Mar 6 Mr. John E. Downs WITHDRAWN
24-53 Mar 24 CONSTITUTIONAL LAW.
PROBATE JUDGES AND EX OFFICIO MAGISTRATES.
Bill to provide increase in salary for probate judges where an activated armed services camp is located is constitutional.
24-53 Apr 4 CRIMINAL LAW.
EXPOST FACTO.
STATUTES.
Effective date of Section 563.374, Mo. R.S. Cumulative Supplement 1951, 90 days subsequent to adjournment of 66th General Assembly on April 30, 1952. Conviction for an offense prior to effective date of statute convicted under is invalid.
24-53 Apr 17 COUNTY COURT.
TAXATION.
PUBLIC IMPROVEMENT.
Real property held by a trustee under Section 140.260, RSMo 1949, is subject to the lien of a special tax bill for public improvement provided for in Section 88.333; that such special tax bill may not be enforced against the county court as a claim against general revenue; and that the county court has no authority to order such property conveyed to the general contractor in satisfaction of the lien of the special tax bill, although it may be sold and conveyed subject to the lien.
24-53 May 22 SCHOOLS. Board of Trustees of the Retirement System can legally make payment of retirement allowances to a teacher who attained age seventy prior to July 1, 1952, who did not request a retirement allowance who served in a district included in the retirement system subsequent to July 1, 1952, and who is now requesting a retirement allowance; and to a teacher who attained age seventy prior to July 1, 1952, who requested a retirement allowance and received one or more monthly payments, who returned to teaching after July 1, 1952, and who is again requesting a retirement allowance.
24-53 June 5 SENATE.
ELECTIONS.
Board of Election Commissioners for City of St. Louis cannot make any division of city into senatorial districts, new districts having already been established under last decennial census.
24-53 June 19 COUNTY CLERK. Expiration of term of office of one appointed by the Governor to fill vacancy in the office of county clerk, who shall hold office between the next general election, when the regular term should be filled, and the beginning of such regular term.
24-53 July 6 ELECTIONS. No constitutional or statutory provisions to prevent the use of voting machines as provided by Senate Committee Substitute for Senate Bills Nos. 134 and 135.
24-53 Oct 29 SUPPORT OF DEPENDENTS.
EXTRADITION.
Uniform Support of Dependents Law does not obligate the state to pay costs incident to extradition for the crime of failing to support.
25-53 Mar 5 CORPORATIONS.
EMPLOYEES’ COMPENSATION.
PAYMENT PERIOD.
No Missouri statutes require any corporation doing business in state to pay compensation to employees as often as once each week.
25-53 Mar 23 EMPLOYEES.
HOLIDAYS.
WAGES.
Missouri statutes do not require extra compensation to employees of private persons or corporations for work performed on Missouri public holidays listed.
25-53 Apr 13 MATTRESSES.
USED BEDDING.
SALE OF USED BEDDING.
SECTION 421.070.
RSMO 1949.
Section 421.070, RSMo. 1949, regulates the sale of used bedding only. Said section does not regulate the renting of used bedding.
25-53 Apr 17 STATE HOSPITAL.
ELEEMOSYNARY INSTITUTIONS.
WOMEN.
LABOR.
HOURS OF LABOR.
State hospitals are not “public institutions” within the meaning of Section 290.040, RSMo 1949.
25-53 July 30 CHILD LABOR.
RADIO BROADCASTING.
Children 12 years or older not prohibited from participating in radio broadcasting.
26-53 Jan 13 EMBALMING.
BOARD OF.
DEATH CERTIFICATE.
VITAL STATISTICS.
No legal requirement that a licensed embalmer sign death certificate of one not embalmed.
26-53 Dec 16 ELECTIONS.
VOTING MACHINES.
1) Propositions to be voted upon should appear on the ballot in the same order in which they appear in petitions circulated among voters; 2) In precincts where voting machines are used there need be no rotation of the names of candidates; 3) Not legal to reconstruct election precincts so that each precinct would have approximately 800 voters instead of the number now provided by law.
27-53 Jan 8 ARMORIES.
ADJUTANT GENERAL.
DEEDS.
Conditions and limitations in deeds reserving control under armories for non-military uses not affected by subsequent law vesting control in the adjutant general.
27-53 Jan 21 ADJUTANT GENERAL’S OFFICE.
TITLE.
Examination of quitclaim deed and abstract of title to land located in Mexico, Mo., as site for construction of two-place hangar for Army liaison aircraft.
27-53 Mar 6 COUNTY CORONER. Duty of county coroner in making a transcript of testimony at inquest proceedings involving several persons.
27-53 Mar 11 APPROPRIATIONS FOR LEASE. A state agency may enforce its option on the renewal of a lease beyond the period for which appropriations are made if new appropriations can be obtained for payment of the rentals for the renewal period.
27-53 May 1 TAXATION. Proceeds of erroneous sale for delinquent real property taxes to be reimbursed owner from county treasury.
30-53 Feb 4 COUNTY COUNSELOR. County court of Jackson County authorized to appoint county counselor for a term ending December 31, 1954.
31-53 Mar 17 Hon. Arkley W. Frieze WITHDRAWN
31-53 Apr 1 MAGISTRATE FEE. Magistrate fee in criminal case allowed for each proceeding, and not for each defendant.
31-53 Apr 24 PROSECUTING ATTORNEYS. Special prosecuting attorney to be appointed by court having jurisdiction of criminal case.
31-53 Aug 17 TAXATION.
COLLEGE DORMITORIES EXEMPT FROM.
WHEN.
A nonprofit educational corporation’s dormitories and some other buildings used as housing facilities for its students and no space is rented to any others for residential or business purposes and transaction was not entered into by the college for investment purposes, then such buildings are used exclusively for educational purposes within meaning of Sub-section 6, Section 137.100 RSMo 1949, and buildings are exempt from taxation as long as they are thus used.
32-53 Mar 10 Mr. William Geekie WITHDRAWN
32-53 July 9 TAXATION.
ST. LOUIS CITY CHARTER.
Charter of the City of St. Louis may be amended so as to authorize the levy of a city earnings tax on income earned by residents and income earned by nonresidents employed in such city, and statute is unnecessary.
32-53 Nov 10 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL TRANSPORTATION.
Board of education in reorganized district has authority to sell district-owned buses in manner and number deemed advisable by the board; sale must be for cash; board may contract with private bus owners to transport children of public schools and such contract may extend beyond one year’s duration.
33-53 Jan 29 INHERITANCE TAXES.
FOSTER BROTHER NOT ENTITLED TO EXEMPTIONS AND RATE OF NATURAL BROTHER.
“A’s” adoption in Maine prior to 1917 to be given the same effect, insofar as “A’s” rights under Missouri statutes are concerned as if “A” had been adopted in Missouri. “A” is child of adopting parents as fully as if born to them in lawful wedlock; can inherit from them, but not their kinsmen. “A” is not brother of “B”, a child of adopting parents; upon “B’s” death intestate in Missouri, “A” cannot inherit from “B”, and “A” is not entitled to exemptions and rate allowable to brother under inheritance tax statutes.
33-53 Mar 19 BOND.
ARREST.
One who is arrested under a misdemeanor warrant in a county other than the one in which the offense was committed and the warrant issued, is entitled to make bond before a Judge or a Magistrate of a court having original jurisdiction to try criminal offenses of the county where such arrest is made.
33-53 Apr 29 SANITY HEARINGS.
PROSECUTING ATTORNEY MAY NOT BE GUARDIAN’S ATTORNEY.
WHEN.
When probate court adjudges one insane and appoints guardian who was informant in inquiry. Prosecuting attorney who appeared for state or county at hearing cannot be retained as attorney for guardian subsequent to adjudication.
33-53 July 7 STATE HIGHWAY COMMISSION.
COUNTY HIGHWAY COMMISSION.
Powers and duties of respective bodies distinguished.
33-53 Aug 19 DIVISION OF WORKMEN’S COMPENSATION.
STATUTORY CONSTRUCTION.
Under House Bill No. 286, passed by the 67th General Assembly, employees who, heretofore, filed a rejection of the provisions of Chapter 287, RSMo 1949, that has not been withdrawn, need only file a new rejection upon obtaining new employment.
34-53 June 24 SAVINGS AND LOAN ASSOCIATIONS.
BOARD OF DIRECTORS’ POWER.
A savings and loan association not prohibited under its by-laws or any Missouri statutes, may pay bonuses to employees or affiliates for obtaining new accounts. By-law of an association prohibiting payment of dividends upon accounts withdrawn can be amended to permit payment of dividends upon any portion of withdrawal between last dividend date and notice of withdrawal. Board of directors lack power under by-laws to create new office of chairman of board. Office cannot be created without amendment authorizing same.
34-53 Sept 11 SAVINGS AND LOAN ASSOCIATION.
GENERAL CREDITOR’S PREFERENCE.
WHEN.
General creditors of Savings and Loan Association being liquidated and dissolved entitled to have their claims, together with costs of proceedings, first satisfied before net proceeds are to be distributed to members pro rata according to participation value of each member’s account.
35-53 Feb 20 PUBLIC WAREHOUSES.
LICENSES.
The Douglas-Guardian Warehouse Corporation, a corporation, is conducting and operating a public warehouse in the City of Springfield, Greene County, Missouri, as defined in Section 415.010, RSMo 1949, and is required to comply with all of the terms of Chapter 415, RSMo 1949, relating to warehouses in this State.
35-53 Mar 17 Hon. Douglas W. Green WITHDRAWN
35-53 Mar 24 TAXATION.
TAXABLE PROPERTY.
1) The personal property of the Columbia Humane Society at Columbia, Boone County, Mo. exempt from taxation under Sec. 6, Art. X of the Constitution of Missouri, 1945, and Sec. 137.100, RSMo 1949, because such property is used exclusively for purposes purely charitable and benevolent; 2) Individuals named herein are the owners of certain buildings by the terms of a contract severing said buildings from real estate, conveyed by them to the State Highway Commission and as personalty such property is subject to taxation.
35-53 Mar 26 STATE PARK BOARD.
STATE LANDS.
State Park Board may convey land for right-of-way purposes for the use of State Highway Commission.
35-53 May 28 STATE PARK BOARD. State Park Board is vested with authority under Section 253.020, RSMo 1949, to purchase property within Roaring River State Park, being sold at auction by the Eagle Rock School Board.
35-53 Sept 16 Hon. Philip A. Grimes WITHDRAWN
35-53 Sept 22 SCHOOLS.
TAXATION.
CONSTITUTIONAL LAW.
Property within school districts added or annexed to city district liable to assessment and subject to taxation on rate fixed and approved by vote of people within city district prior to annexation.
35-53 Dec 8 Hon. Douglas W. Greene WITHDRAWN
35-53 Dec 14 STATE PARK BOARD.
CONTRACT.
PURCHASING AGENT.
Validity of proposed forms for letting concession contracts. State Purchasing Agent has proper authority to purchase used equipment.
36-53 June 23 ADMINISTRATION.
SURVIVAL OF PERSONAL INJURY CLAIMS.
APPOINTMENT OF ADMINISTRATOR, AND SPECIAL ADMINISTRATOR FOR NON-RESIDENT.
“Personal representative” as used in Par. 2, Sec. 537.020, RSMo 1949, means executor or administrator of deceased person’s estate. “Representative” as used in Par. 3, of said section means special administrator for deceased non-resident, whose powers are limited to those provided in said paragraph. Ancillary administrator of non-resident’s estate, under administration statutes may also be appointed. But only when proper application and proof of facts involved are made, and court is convinced of sufficiency of same, is it mandatory to appoint administrator for deceased resident, or ancillary administrator, and or special administrator for deceased non-resident.
37-53 Jan 8 Hon. David E. Harrison WITHDRAWN
37-53 Apr 28 Hon. C. D. Hamilton WITHDRAWN
37-53 May 4 PROBATE COURT.
MAY APPOINT GUARDIAN OF ADULT PERSON NOT ADJUDGED INSANE.
WHEN.
Probate court lacks power under Missouri statute to appoint guardian of adult whose sole assets consist of benefit payments other than old age assistance authorized by Chapter 208, RSMo 1949, when recipient was never adjudged insane. But when person is adjudged insane, habitual drunkard, or narcotics addict and incapable of managing his affairs, guardian of person or estate of recipient may be appointed. Cost of proceeding to be paid from person’s estate if sufficient, if insufficient, by county.
37-53 May 11 Hon. C. D. Hamilton WITHDRAWN
37-53 June 26 AUTOPSY.
CORONERS.
PHYSICIANS.
Section 194.115 (Senate Bill No. 237), enacted by the 67th General Assembly, does not repeal Section 58.560, RSMo 1949, and does not require consent when an autopsy is authorized by the persons, and in the manner, provided by law.
37-53 Oct 23 Hon. Roy Hamlin WITHDRAWN
37-53 Oct 26 Mr. C. D. Hamilton WITHDRAWN
37-53 Nov 12 DEPARTMENT OF CORRECTIONS.
STATE.
CONVEYANCE.
Director of Department of Corrections unauthorized to execute easement to United States of America.
37-53 Dec 16 INHERITANCE TAXES.
CORPORATE STOCK.
ESTATE BY ENTIRETY.
TRANSFER BY SURVIVOR.
PROCEDURE.
Surviving owner of estate by entirety desires to sell or otherwise transfer certain corporate stocks. If certificates of stock are in surviving owner’s possession or control, before delivery or transfer, he must give written notice to director of revenue and attorney general and comply with other requirements of sec. 145.210 RSMo 1949, unless he first secures written consent, or waiver, of director of revenue and attorney general authorized by sec. If such stock certificates are included in inventory and appraisement of estate of deceased joint owner during administration proceedings, and court orders that no inheritance taxes are due on the estate as provided by subsec. 2, sec. 145.150 RSMo 1949, then sec. 145.210 RSMo 1949, shall be inoperative as to surviving owner and no further tax proceedings shall be had. If certificates in possession or control of a corporation, then before delivery or transfer of same to surviving owner, or to another at said owner’s direction, corporation must comply with requirements of sec. 145.210 RSMo 1949, particularly as to notice to director of revenue and attorney general, unless said corporation, as transfer agent, first secures consent or waiver authorized by said section.
38-53 July 30 CRIMINAL PROCEDURE.
BAIL.
SUPREME COURT RULE 21.14.
Under Rule 21.14, Supreme Court Rules of Criminal Procedure for all Missouri courts, one arrested without warrant for criminal offense of careless and reckless driving of a motor vehicle, a bailable offense under Sec. 20, Art. I, Cost. of Mo. 1945; while in custody said person may request and be granted bail by magistrate court of county having jurisdiction to try case if charge filed in such court. Condition of bond being that person will appear on specified date, or from time to time to which cause may be continued, to answer information that may be preferred against him, charging said offense. One arrested without warrant for alleged criminal offense and while in custody applies to the magistrate court of the county having jurisdiction if criminal charge filed, and court orders sheriff to bring the prisoner before court and be present during consideration of application for bail; order properly and legally made, and duty of sheriff to obey same.
39-53 Jan 6 RECORD OF DEEDS – 3RD CLASS COUNTIES – SEPARATE CIRCUIT CLERK AND RECORDER.
SALARY AND NUMBER OF DEPUTIES.
Recorders in 3rd class counties where there is a separate Circuit Clerk and Recorder determines the amount of salary for deputy hire which must be reasonable. The Recorder in said counties shall also determine the number of deputies necessary to perform the duties of the office promptly, carefully and well. Such reasonable payment to necessary deputy or deputies may be deducted from Recorder’s fees, balance paid County Treasurer.
39-53 Jan 29 COUNTY CLERK. A county clerk of a third class county with a population of more than twenty-four thousand and less than thirty thousand shall be allowed as compensation for deputy and assistants an amount equal to 100% of his salary as determined in Section 51.300, exclusive of Section 51.415 and in addition thereto the amount specified in Section 51.415, RSMo 1949.
39-53 May 1 COUNTIES.
COUNTY COURT.
COUNTY CLERK.
COMPENSATION.
FEES AND SALARIES.
County clerk not entitled to additional compensation for preparing payroll for county highway department employees.
39-53 Sept 21 SCHOOLS.
COUNTY TREASURER.
County treasurer having in his possession funds derived in part or wholly from allocation from state aid to a reorganized school district should, upon application of district treasurer, transfer such funds to district treasurer or, absent such application, retain funds credited to district until ordered to refund them in whole or in part to public school fund by some legally constituted body authorized to make such an order. Funds derived from local taxation should be credited to district and transferred to treasurer of district upon application of such treasurer.
39-53 Sept 28 DIVISION OF HEALTH.
PROSECUTING ATTORNEY.
ATTORNEY GENERAL.
The Division of Health may join as realtor in an action by the Prosecuting Attorney of a county or the Attorney General of the state in a legal action; that the Prosecuting Attorney of a county may exercise discretion as to whether he institutes a civil action when requested to do so by a state department such as the Division of Health.
39-53 Dec 22 HIGHWAY ENGINEERS.
PUBLIC OFFICERS.
COMPENSATION.
1. That the county highway engineer in a county of the third class can claim his per diem wage only for those days in which he actually performs statutory services as county highway engineer. 1. 2. Consultation with “interested persons” other than those with whom it is the statutory duty of the highway engineer to consult, is not the performance of services as county highway engineer from which he is entitled to claim compensation. 3. The county court is vested with the broad discretion in determining whether on any given day the county highway engineer has devoted to his duties enough time to earn his daily wage.
40-53 Apr 28 DIVISION OF PENAL INSTITUTIONS.
CONTRACTS.
Provision for “delayed shipment” incorporated in contract for purchase of raw materials by reference is valid.
40-53 Aug 4 SPECIAL ROAD DISTRICTS. Commissioners of special road district should continue to carry on business of district pending appeal from county court decision dissolving such district. County treasurer may honor warrants properly issued by commission pending such appeal.
41-53 Feb 25 CORONERS.
OFFICE SPACE.
COUNTY COURT.
SEC. 49.510, RSMO. 1949.
It is the duty of the county, in a county of the third class, to furnish the county coroner an office or space to carry on his official duties; to maintain and equip said office; to provide supplies and equipment as are shown to be absolutely necessary; all to be taken care of and paid for out of county treasury, as provided for in Sec. 49.510, RSMo. 1949, as county court may direct.
41-53 Mar 18 SHERIFFS.
FEES.
When term “day” is used in Section 57.290 as to time spent by sheriffs or other officers in taking prisoners to the penitentiary “day” is used as a measure of time and means a natural or calendar day.
41-53 Apr 9 COUNTY COURTS. County court is not authorized to subject funds of county to risks incident to trade or commerce.
41-53 June 23 RECIPROCITY.
MOTOR VEHICLES.
LICENSES.
Complete reciprocity as regards registration of motor vehicles does not exist between the states of Missouri and Indiana; then a motor vehicle owned and registered in Indiana and leased to a Missouri resident for a period of more than thirty days must be registered in Missouri.
41-53 Oct 2 TAXATION.
INSURANCE.
DELINQUENT TAXES.
LIENS.
County has lien for delinquent taxes on proceeds from insurance policy paid for destruction of insured leased building assessed separately from land.
41-53 Oct 5 Hon. Haskell Holman WITHDRAWN
41-53 Oct 22 COUNTY CLERK.
COUNTY COURT.
CLERICAL HIRE.
Increase in amount county clerk can expend for clerical hire or additional compensation to regular deputy or assistant, provided for in Senate Bill 290, 67th General Assembly, may be expended during present term of county clerk.
41-53 Nov 4 COUNTY CLERKS.
FEES.
Fees under Section 140.100, Subsection 2, RSMo 1949, for county clerks are accountable fees.
41-53 Dec 10 Hon. Haskell Holman WITHDRAWN
42-53 Feb 17 PRISONERS.
CRIMINAL LAW.
Solvent convicted defendant in county of the third class liable for board bill accruing while committed to jail by lawful authority as part of costs.
42-53 June 17 ROADS AND BRIDGES. Township special road and bridge tax paid to county treasurer under Sec. 137.585, RSMo 1949; county may retain not to exceed five cents on the one hundred dollars assessed valuation for the county special road and bridge fund and is not required to spend amount withheld in township in which collected.
42-53 Dec 2 SCHOOLS.
MERCHANTS.
Section 163.370, RSMo 1949, is not violated by “merchant” in installing and operating coin-operated soft drink and candy vending machine in public schools.
43-53 Feb 13 CORONERS OF FOURTH CLASS COUNTIES. Coroner of fourth class county shall receive, as his total annual compensation, the sum of $60.00, $90.00, or $120.00, depending upon population of county. This compensation is to be paid in equal monthly installments, which would make the monthly pay $5.00, $7.50, or $10.00, depending, as does the total, on population of county.
43-53 Apr 3 Hon. William L. Hungate WITHDRAWN
43-53 Apr 20 CITIES, TOWNS AND VILLAGES.
MUNICIPAL CORPORATIONS.
Municipal corporations of Vienna legally reactivated on Nov. 13, 1951; tax levy made in Dec., 1951, by db. of trustees not made in conformity with law, invalid levy, uncollectible.
43-53 May 1 COUNTY COURTS.
NEWSPAPERS.
(1) Mandamus does not lie against newspaper to compel publication of county financial statement; (2) posting of such statement, as provided by Sec. 50.800, RSMo 1949, is sufficient when newspapers refuse publication; (3) refusal of publication by single owner of all newspapers in county does not violate Anti-Trust law.
43-53 May 26 PUBLIC BUILDINGS.
HIGHWAY COMMISSION.
Contract for addition of State Highway Commission building to be let by Director of Public Buildings. Contract for contemplated State Highway Patrol Warehouse need not be let by Director of Public Buildings, but contract must be approved by him.
43-53 May 27 FERRIES.
STATE HIGHWAY COMMISSION.
Missouri Highway Commission has authority to purchase, operate and maintain a ferry across the Mississippi River; Missouri Highway Commission has authority to enter into contract with the State of Illinois whereby the two states could share equally the cost of purchase, operation and maintenance of such a ferry.
43-53 Aug 27 SCHOOLS.
SCHOOL DISTRICTS.
School district has no authority to transport children to private schools even though the pro rata cost of transportation might be paid by the private school child so transported.
43-53 Oct 13 TREASURER.
OFFICERS.
County treasurer not entitled to receive extra compensation for her services performed in receiving, disbursing and keeping account of tolls and other revenues received from the operation of said bridge or bridges.
45-53 Apr 21 APPROPRIATION.
REFUNDS.
Appropriation under Section 3.120, Laws of Missouri, 1951, page 47, is available only for refund of “taxes.”
45-53 May 1 STATE MERIT SYSTEM.
EMPLOYEES.
POLITICAL ACTIVITIES PROHIBITED WHEN.
Personnel Advisory Board Rule 15.4(b) prohibits employees under State Merit System from being candidates for nomination or election to public office, or engaging in political activities while holding such position. Merit system employee cannot become candidate for election of director to city school board without resigning or securing leave of absence. May attend political mass meeting but cannot take active part except to express opinion or vote on any proposition if afforded the opportunity.
46-53 Feb 25 COUNTY BUDGET LAW. Attempted purchase of unbudgeted item by county officer does not create obligation against county.
46-53 Oct 16 CIRCUIT CLERK.
COMPENSATION.
TAXATION.
CERTIFICATE OF PURCHASE AT LAND SALES – RIGHTS OF HOLDER; RIGHTS OF COUNTY.
Circuit Clerk in Class 4 Counties, with an assessed valuation of more than Five Million Dollars, entitled to $700.00 annually as Parole Commissioner, effective April 12, 1952. Holder of certificate of purchase loses all rights in land and purchase price paid if County Collector does not execute and record deed to purchaser within 4 years after date of certificate under Sec. 140.410, RSMo 1949. County does not thereby become the owner of such lands.
46-53 Dec 31 KANSAS CITY SCHOOL DISTRICT.
GENERAL OBLIGATION BONDS.
BLEACHERS.
Proceeds from the sale of General Obligation Bonds of the Kansas City School District, issued pursuant to a favorable vote on May 29, 1951, of more than two-thirds of the electors voting at a special election, may be used for the construction of bleachers and accompanying facilities on athletic fields on public high school sites owned and operated by the Kansas City School District.
48-53 Mar 6 MOTOR VEHICLES.
PROBATE COURTS.
Creditor who obtains refusal of letters on estate of decedent in accordance with Section 461.120, RSMo 1949, entitled to transfer of motor vehicle but must show Director of Revenue authority from proper court if director requires.
48-53 June 9 LIQUOR.
WATERS.
No intoxicating liquor or 3.2 per cent non-intoxicating liquor license may be issued to boats operating on Lake of the Ozarks.
48-53 Sept 23 BOARD OF ACCOUNTANCY. State Board of Accountancy has no power with or without a rule to that effect to prohibit the use of the words “Company” or “and Company” in the name of a partnership practicing public accountancy; nor does it have any power to refuse, on that ground alone, to register the name of a partnership or issue a permit to practice.
48-53 Nov 25 ELEEMOSYNARY INSTITUTIONS.
CONSTRUCTION OF HOUSE BILLS NOS. 457 AND 459.
The grant by the City of St. Louis to the State of Missouri, on July 19, 1948, of the colony for feeble-minded and epileptics, and the state hospital for the insane, were absolute grants unconditioned and without possibility of reverter; the state of Missouri is not bound to perpetually maintain the two above institutions; personal property or additions made to them after the grant cannot revert to the City of St. Louis.
49-53 Jan 5 ELECTIONS.
STATE REPRESENTATIVES.
A voter residing in that portion of Kansas City located in Clay County and who desires to vote in a special election to fill a vacancy in the office of state representative must comply with the city registration laws; precinct judges and clerks to the same in number as at general elections.
49-53 Jan 8 Hon. Milton B. Kirby WITHDRAWN
49-53 July 21 OFFICERS.
PUBLIC OFFICIALS.
The term of Honorable Charles F. Ford as Commissioner of the Bi-State Development Agency is for the term of five years from the regular expiration date of the term of his predecessor in office rather than five years from the date of his own appointment and qualification.
50-53 May 4 Hon. Paul Knudsen WITHDRAWN
50-53 Oct 16 SHERIFFS.
MILEAGE.
COSTS.
When subpoenas, summons and warrants, all in one case, are given to the sheriff for service on one trip, that for all such service by the sheriff, he is entitled to receive mileage only for service had on one person which should be computed on service to the most remote point and return. If, for good cause shown, sheriff is unable to make all such service on the same trip, he shall be entitled to additional necessary mileage required to make such service which must be approved by the prosecuting attorney and county court. However, in no case shall the sheriff be entitled to but one mileage for service in any single case on any one person.
50-53 Nov 13 VOTING.
ELECTIONS.
If an employer seeks to penalize an employee for taking time off from his employment to vote, on the ground that such employee did not utilize such time to vote, the burden of proof that the employee did not vote is upon the employer. All of the employees or any number of such employees of a company, may designate a representative to request of their employer that they be absent from their employment for the purpose of voting.
52-53 Jan 7 INSURANCE. Articles of Incorporation of Automobile Owners Safety Insurance Company.
52-53 Apr 1 INSURANCE. Articles of Incorporation of Grant Mutual Insurance Company.
52-53 Apr 10 INSURANCE. Amendment of Articles of Incorporation of Postal Life and Casualty Insurance Company.
52-53 Apr 14 TAXATION.
INSURANCE.
Insurance companies may deduct intangible personal property tax in computing premium tax under section 148.400, RS Mo 1949.
52-53 Apr 17 INSURANCE. Contract, “Form C-104, Edition 7-152, Retail Credit Discount Warranty, E-No. 11214”, offered by The Guardian Credit Indemnity Corporation is a contract of insurance. Agent acting for unauthorized company in selling contract subject to prosecution under Section 375.300, RSMo 1949.
52-53 Apr 24 INSURANCE. Amendment of Articles of Incorporation of Great Republic Life Insurance Company.
52-53 May 12 INSURANCE. Amendment of Articles of Incorporation of Automobile Owners Safety Insurance Company.
52-53 May 14 INSURANCE. Articles of Incorporation of Mid-America Fie and Marine Insurance Company.
52-53 May 14 INSURANCE. Amendment of Articles of Incorporation of Mid-Continent Casualty Company inconsistent with laws of Missouri.
52-53 May 26 INSURANCE. Amendment of Articles of Incorporation of American Automobile Insurance Company.
52-53 May 28 INSURANCE. Amendment of Articles of Incorporation of Mid-Continent Casualty Company.
52-53 June 5 INSURANCE. Articles of Incorporation of Meramec Mutual Insurance Company.
52-53 July 31 INSURANCE. Articles of Incorporation of Columbia Mutual Insurance Company.
52-53 Aug 7 INSURANCE. Described contract of Hill Funeral Home constitutes an insurance contract, and offering of the same to the public without meeting requirements of Missouri Insurance Code is an offense under Sec. 375.310, RSMo 1949.
52-53 Sept 8 INSURANCE. Articles of Incorporation of Missouri National Life Insurance Company.
52-53 Nov 16 INSURANCE. Farmers’ mutual insurance companies subject to Sections 380.480 to 380.570, RSMo 1949, may not write “full coverage” policy on motor vehicles covering member’s liability for personal injury or property damage to third persons.
52-53 Dec 10 INSURANCE. $100,000.00 limitation in subparagraph (d) of Section 375.330, RSMo 1949, applicable to insurance company’s right to purchase, hold and convey real estate is applicable to mutual companies comprehended in subparagraphs (b) and (c) of said statute.
53-53 May 13 MOTOR VEHICLES.
COUNTY COLLECTORS.
Under Section 301.025, Mo.R.S., Cum. Supp., 1951, the treasurer and ex-officio collector of a township organization county is not required to furnish to an applicant for a motor vehicle registration license, such applicant having paid his state and county tangible personal property taxes for the preceding year, a statement that no such taxes are due, nor is he required orally or informally at the request of the deputy commissioner of motor vehicle to make any statement as to whether an applicant has paid his taxes.
53-53 June 11 MOTOR VEHICLES.
SALES TAX.
USE TAX.
The “Retailers’ Occupation Tax” levied in Illinois upon motor vehicle retailers is not a “sales tax or use tax” which may be credited to the purchase of a motor vehicle in Illinois who brings it to Missouri within ninety days after the purchase.
53-53 July 9 ROADS AND BRIDGES.
TOWNSHIPS.
Township board not required to maintain streets of incorporated town nor to pay part of road taxes into town treasury.
54-53 Mar 5 MOTOR VEHICLES.
OPERATORS’ LICENSES.
Operation of overweight, overlength, or overwide vehicle upon the highway is not a nonmoving traffic violation.
56-53 Jan 21 BANKS.
AGRICULTURE.
“Baled burlap” and “baled cotton” are “agricultural products or the manufactured or processed derivatives of agricultural products” as such language is used in subparagraph (1)(c) of Section 362.170, RSMo 1949.
56-53 May 6 Hon. Douglas Mahnkey WITHDRAWN
56-53 May 15 CREDIT UNIONS.
DISSOLUTION.
A solvent credit union, subject to provisions of Chapter 370, RSMo 1949, but which cannot effect liquidation and dissolution under the provisions of that chapter, may do so under the provisions of Chapter 351, RSMo 1949.
56-53 June 13 CHANGE OF VENUE.
MAGISTRATE COURTS.
COSTS.
(1) $5 filing fee paid to clerk of Magistrate Court upon commencement of civil suit shall be paid by said clerk to Dir. of Revenue, or to county treasurer if magistrate court was created by order of circuit court, at end of month, not transferred to court receiving costs by reason of change of venue; (2) circuit clerk may not demand payment of filing fee on change of venue from magistrate court, may not lawfully refuse filing case transferred from magistrate court to circuit court on change of venue; (3) party taking change of venue shall be liable for costs, but magistrate is required to grant change of venue even though costs have accrued.
57-53 Jan 15 COUNTY ATTORNEY’S COMMISSION. The county attorney’s commission need not be recorded or filed in any county office.
57-53 Feb 25 GENERAL ASSEMBLY. The General Assembly has the power to appropriate money for the refund of taxes collected under an unconstitutional statute.
57-53 Mar 11 COSTS.
CHANGE OF VENUE.
The costs incurred in a criminal case on change of venue are payable by the county in which the proceedings originated.
57-53 Mar 31 Hon. Frank W. May WITHDRAWN
57-53 Aug 7 THIRD CLASS COUNTY.
COUNTY BUDGET LAW.
SURPLUSES.
1. A county of third class, having accumulated a surplus over a period of years from the balances of funds of which the objects of their creation are fully satisfied, may use such surplus funds in the building of a county jail. Such expenditure should be specifically budgeted. 2. Use of such funds for such purpose is within the discretion of the county court, and does not require voter approval. 3. Bonds may be issued to supply any money needed in addition to such surplus fund.
57-53 Oct 22 SCHOOLS.
SCHOOL DISTRICTS.
County treasurer having state apportioned free textbook money belonging to district located in part in another county to remit such money to treasurer of said district.
58-53 Feb 10 Mr. Leon McAnally WITHDRAWN
58-53 Feb 13 SCHOOLS.
PROSECUTING ATTORNEY.
Duty of the Prosecuting Attorney to prosecute for violation of compulsory school attendance law. (Chapter 164, RSMo 1949).
58-53 Feb 19 CRIMINAL LAW. Construction of Section 561.440, RSMo 1949.
58-53 Mar 18 RECORDER OF DEEDS.
FEES.
OFFICERS.
Recorder of deeds of 3rd class counties having a separate circuit clerk and recorder shall make annual report of fees received by him to the county court at end of each calendar year.
58-53 Apr 14 COUNTY HOSPITALS.
TAXATION.
County court must levy tax sufficient to provide fund required by board of trustees for annual operation of county hospital.
58-53 June 2 ROADS.
DRAINS.
The willfull and knowing depositing of refuse in the side drainage ditches of a public road in sufficient quantities substantially to obstruct water therein, regardless whether the road is damaged or the traveled portion thereof is obstructed, is a punishable offense under Section 229.150, RSMo 1949.
58-53 July 7 STATE FEDERAL SOLDIERS’ HOME.
ADMISSION.
WIDOW.
When widow of a veteran remarries she will lose her eligibility as an entrant to the State Federal Soldiers’ Home on the basis of being the widow of the aforesaid deceased veteran.
58-53 Aug 28 COSMETOLOGY.
EMBALMERS.
One who performs work upon the hair of a corpse is not practicing the occupation of hairdressing.
58-53 Nov 6 Hon. John J. McAtee WITHDRAWN
58-53 Nov 13 COSMETOLOGY.
UNITED STATES.
The Missouri law relating to the registration of shops in which the occupation of hairdressers, cosmetologists and manicurists is practiced is not applicable to shops located at Camp Crowder nor at Fort Leonard Wood in Missouri.
58-53 Nov 14 CIVIL DEFENSE. Tort liability of volunteer participants in Civil Defense program.
58-53 Dec 29 LIQUOR CONTROL.
SPECIAL CHARTER COUNTIES.
St. Louis County is not a “municipal corporation” within the meaning of Liquor Control Law.
59-53 Feb 3 PUBLIC BUILDINGS. A contract for public works entered into, through mistake, with a party not the low bidder is void; contract may be let with low bidder notwithstanding.
59-53 Feb 24 PUBLIC BUILDINGS. A contract for public work may be let to a foreign corporation not licensed to transact business in the state, such not coming within the term “Transact business.”
59-53 Mar 25 DEFINITIONS.
OLD AGE ASSISTANCE.
PUBLIC HEALTH AND WELFARE.
PUBLIC ASSISTANCE.
Mausoleum not “cash or negotiable security” in determining eligibility for public assistance, under Section 208.010, RSMo 1949.
59-53 May 6 PUBLIC BUILDINGS. Interpretation of provisions of a contract relating to the construction of a new Employment Security Office Building.
59-53 Dec 8 PUBLIC BUILDINGS. Examination of Release.
62-53 Jan 31 Hon. John E. Mills WITHDRAWN
62-53 Apr 25 TOWNSHIP ORGANIZATION.
EX OFFICIO COLLECTORS.
The ex officio collector in a county under township organization is entitled to only two percent for collecting delinquent taxes returned by the township collectors.
62-53 May 15 NEPOTISM.
PUBLIC OFFICERS.
SCHOOLS.
Relative of Member of County School Board may be employed as school teacher.
62-53 June 19 CRIMINAL LAW.
INDICTMENTS.
A plea of former jeopardy may not successfully be interposed in bar to a prosecution for manslaughter where the defendant has previously been acquitted on the charge of careless and reckless driving; it is improper to join two separate and distinct offenses of manslaughter against the same defendant in one indictment.
62-53 June 19 SCHOOLS.
TAXATION.
No obligation on part of either sending or receiving district to provide free transportation for pupils attending high school in another district, but if provided, sending district liable for costs in excess of state aid, provided such obligation can be met out of revenue provided by constitutional levy. School district cannot be forced to increase levy above constitutional maximum.
62-53 July 6 Hon. Joe H. Miller WITHDRAWN
62-53 July 9 Hon. Joe H. Miller WITHDRAWN
62-53 Oct 30 Hon. John E. Mills WITHDRAWN
62-53 Nov 3 UNIVERSITY OF MISSOURI. Board of Curators of the University of Missouri authorized to construct married student apartment dormitories under Chapter 176, RSMo 1949.
62-53 Nov 6 CRIMINAL LAW.
CHANGE OF VENUE.
FINES.
Fines imposed in criminal cases on change of venue shall be paid into the county where the indictment was found or the prosecution originally instituted.
63-53 Jan 22 COUNTY COURTS. A county court speaks only through its record. County not bound by oral agreements with county judges.
63-53 Feb 3 CIRCUIT CLERK.
EX OFFICIO RECORDER.
Circuit clerk and ex officio recorder of a county of the fourth class within a prescribed population and assessed valuation is entitled to salary in the amount of $3150.
63-53 Feb 4 SHERIFFS.
FEES AND SALARIES.
OFFICERS.
Sheriff not entitled to mileage for arresting a person in the act of committing a criminal offense several miles from county seat and bringing him to jail.
63-53 Feb 6 TAXATION.
MERCHANTS TAX.
COUNTY.
Liability for merchants tax of merchant selling business, and liability of purchaser of said business.
63-53 May 28 SCHOOLS.
ELECTIONS.
Nomination of a member of a board of directors of a school district by principal of high school under Section 165.657, RSMo 1949, will not invalidate his election if the election is otherwise properly conducted.
63-53 Sept 9 SCHOOL DISTRICTS.
ELECTIONS.
The school district reorganization law does not permit a county board of education to call an election in only one of the enlarged districts proposed by the reorganization plan, the remainder of the proposed enlarged districts not voting thereon.
63-53 Nov 24 TAXATION.
MERCHANTS’ TAX.
COUNTY AND TOWNSHIP ASSESSORS.
Circumstances under which township assessor in Fourth Class county, entitled to compensation for taking merchants’ statements.
64-53 May 1 SALES TAX ON ELECTRICITY AND GAS. An apartment house is subject to the Missouri Sales Tax on the purchase of electricity and gas for the use of its tenants.
64-53 May 1 DIRECTOR OF REVENUE.
DIVISION OF PENAL INSTITUTIONS.
MOTOR VEHICLE REGISTRATION.
(1) Registration plates and signs to be supplied Director of Revenue at cost of manufacture or not to exceed open market cost, whichever is greater. (2) No accounting method for recoupment of interdepartmental overcharges.
64-53 June 19 CONSULAR OFFICIALS. Consular officials and employees of the British Consulate are entitled to motor vehicle license and drivers’ license without paying the tax or fee required therefor by statute.
64-53 June 23 SCHOOL BUS.
USE OF.
TYPES OF LICENSE.
A school bus license is not a proper license to be used on a bus which is used to transport children to Sunday School. A school bus license is not the proper license for the use of the bus in transportation of teen-age scouts to summer camps and recreational areas.
64-53 Aug 17 FUND COMMISSIONERS.
APPROPRIATION.
CONSTITUTION.
Procedure for payment of coupons detached from state road bonds in absence of an appropriation by the Legislature. Fund under Section 30, Article IV, Constitution of Missouri, 1949, for payment of principal and interest of any outstanding state road bonds stands appropriated without legislative action.
64-53 Sept 3 FEES.
BOUNTIES.
COUNTY CLERK.
COMPENSATION.
County Clerk not entitled to retain in addition to his compensation the twenty-five cent fee for the taking of affidavits relating to bounties on wild animals.
64-53 Oct 9 ASSESSORS.
CLERICAL HELP.
DEPUTIES.
The Six Hundred Dollars provided the County Assessor in Counties of Classes 3 and 4, provided in Section 53.095, Mo. R. S., Cum. Supp. 1951, may be distributed over the year in the discretion of the County Assessor.
64-53 Nov 3 MOTOR VEHICLE OPERATORS’ LICENSES. Director of Revenue does not have authority to set aside revocation or suspension of motor vehicle operator’s licenses.
64-53 Nov 6 SCHOOLS.
SCHOOL DISTRICTS.
The school board may allot to the building fund such percentage of tax moneys received from direct taxation as its judgment dictates, and that, voter approval is not necessary before such moneys are placed into the building fund.
64-53 Dec 31 TAXES.
INHERITANCE TAX.
SENATE BILL NO. 53.
HOUSE BILL NO. 62.
(1) Senate Bill No. 53 and House Bill No. 62 of the 67th General Assembly held consistent in grant of exemption. (2) Qualification in Senate Bill No. 53 construed to relate only to deaths occurring subsequent to effective date of act.
65-53 Feb 24 SPECIAL ROAD DISTRICTS. A special road district newly organized is entitled to its portion of the funds collected and unexpended at the time the district came into existence.
65-53 Mar 24 Mr. Charles E. Murrell, Jr. WITHDRAWN
65-53 June 5 PROSECUTING ATTORNEYS.
HOUSE BILL NO. 160.
Effective date of H.B. 160 is August 29, 1953; Prosecuting Attorneys of 3rd and 4th class counties to be paid proportionately on basis of period of time remaining in 1953 after effective date; Prosecuting Attorneys entitled to be paid for three days in month of August, 1953.
66-53 Mar 17 STATE PURCHASING AGENT.
PUBLIC RECORDS.
State Purchasing Agent may not sell the right to inspect and copy public records.
66-53 May 26 STATE PURCHASING AGENT. Duty of the State Purchasing Agent to approve departmental direct purchase orders.
66-53 June 26 TAXATION.
CORPORATIONS.
Columbia Broadcasting System, Inc., liable for franchise tax provided by Section 147.010, RSMo 1949.
66-53 Oct 2 STATE PURCHASING OFFICER. When the State Purchasing Agent requests bids for an article, the article shall be described in general specification, if by so doing the State Purchasing Agent can obtain the article which he wants, but if he cannot do so by describing the article in general terms and by general specifications he may then use a brand or trade name. Whether he can describe the article in general terms and by general specification is largely a matter within his discretion.
68-53 May 4 SEWER DISTRICTS IN ST. LOUIS COUNTY. The extension of a sewer district in St. Louis County can only be into a “contiguous” area, and that by “contiguous” is meant an area which is “adjacent” or lying immediately next to and adjoining.
68-53 June 23 INSURANCE. Officers, of foreign insurance company operating in Missouri without proper authorization, not subject to extradition and prosecution. Sole redress is civil action against corporation for penalty prescribed by Section 375.310, RSMo 1949.
69-53 Feb 13 STATE PARK BOARD.
CONSTITUTION.
APPROPRIATIONS.
State Park Board has no authority to convey property of State of Missouri. Sec. 3, sub-sec. 1, proposed Senate Bill No. 8, constitutional; however, Legislature must appropriate money from fund before State Park Board can expend same.
69-53 Mar 11 OFFICERS.
FEES AND SALARIES.
SHERIFFS.
Fees collected by sheriff for commitment of a person to jail must be charged and collected by him on behalf of the county.
69-53 Nov 19 SHERIFFS. WITHDRAWN
70-53 Jan 31 TAXATION.
ASSESSOR’S FEES.
Assessment lists cannot be added to the Assessor’s book in class three counties after his book has been turned over to the County Clerk.
70-53 Feb 9 MERIT SYSTEM.
DEDUCTIONS FROM WAGES.
The Superintendent of the St. Louis State Hospital does not have the authority to deduct the sum of $9.00 per month, for the noon meal, from the salaries of day employees, unless such deduction was made a condition of employment and unless such employees are required to take such meal at the hospital.
70-53 Feb 24 STATE FORESTRY LAW.
TAXATION.
Owner must pay taxes carried against the land if forest cropland is removed from said classification.
70-53 May 18 LICENSES.
PEDDLERS.
Bakery products such as cakes, bread, etc. are not “Agricultural and Horticultural Products” under the exception in Sec. 150.470, RSMo. 1949. The term “land carriage” used in paragraph 3 of Sec. 150.500 RSMo. 1949 would include motor vehicles.
70-53 Aug 17 Hon. Richard K. Phelps WITHDRAWN
70-53 Sept 14 COSTS.
CRIMINAL.
MAGISTRATE COURT.
Costs of services rendered by reporter or stenographer in transcribing testimony in homicide case under Section 544.370, Vernon’s Annotated Missouri Statutes shall be taxed as costs in the case.
70-53 Sept 16 CRIMINAL COSTS.
STATE.
State not liable for costs of transcript, on appeal, ordered by trial court under Section 485.100, RSMo 1949, when defendant had not properly perfected an appeal.
71-53 Jan 21 APPROPRIATIONS.
CONSTITUTIONAL LAW.
GOVERNOR.
SCHOOLS.
Appropriation for M. U. Medical and surgical school is valid and Governor’s attempted partial veto of bill does not render appropriations unconstitutional.
71-53 Jan 29 COUNTY DISTRICT JUDGES OF CLASS THREE COUNTIES.
COMPENSATION.
A county district judge elected at the November 4th, 1952, general election is entitled to compensation set forth in Section 49.110, Laws Mo. 1951, p. 373; the presiding judge elected on the same date to fill out the unexpired term of his predecessor not entitled to the increased compensation mentioned in Section 49.110, supra.
71-53 Feb 4 EMPLOYMENT SECURITY. John L. Porter, Director of the Division of Employment Security of Missouri, is person who has authority to requisition funds from the Unemployment Trust Fund.
71-53 Mar 5 GENERAL ASSEMBLY.
EXPENSES.
Under provisions of 16a, Article III of the Constitution, a member of the General Assembly is entitled to reimbursement for actual and necessary expenses as reported to the proper officers and certified to the state comptroller in an amount up to and including ten dollars per day.
71-53 Mar 24 QUO WARRANTO.
PROSECUTING ATTORNEYS.
Prosecuting Attorney should not represent respondents in Quo Warranto.
71-53 May 1 GENERAL ASSEMBLY.
HOUSE OF REPRESENTATIVES.
OFFICERS.
FEES, COMPENSATION AND SALARIES.
(1) House Resolution No. 30 is a directory provision and compliance is not mandatory. (2) Reimbursement to Legislator for expenses not justified by mere certification as to presence.
71-53 May 12 Hon. William Pittman WITHDRAWN
71-53 June 19 AGRICULTURE.
DAIRY PRODUCTS.
A field representative or field superintendent employed or acting on behalf of a dairy products manufacturing plant located in another state or for a cream station or milk route is not required to obtain a field superintendent’s license under the provisions of Section 196.605, RSMo 1949.
71-53 July 7 AGRICULTURE.
LOCKERS.
A locker plant operator is required to furnish insurance to indemnify users against locker content loss, and he is not relieved of this duty by the execution by the customer of a waiver of insurance for failure to furnish such insurance. The Commissioner may revoke or suspend the license of the offending operator or may refuse to issue a license; or the offending operator may be proceeded against by injunction.
71-53 July 20 LOCKER PLANT.
UNINCORPORATED ASSN.
AGRICULTURE.
A locker plant operated by an unincorporated association such as the Armstrong Lockerette described in your request is subject in every respect to the law regulating the operation of locker plants, Section 196.450, et seq., RSMo 1949. A locker plant is not required by law to maintain a chill room, a cutting and processing room or a quick or sharp freeze room; nor does the law require that the wrapping or processing of food be done at the locker plant.
71-53 Aug 18 LOCKER PLANTS.
AGRICULTURE.
A license to operate a particular locker plant may, with the written permission of the Commissioner of Agriculture, be transferred from one person to another; but such license may not be transferred from one locker plant to another.
71-53 Oct 28 Hon. W. H. Pinnell WITHDRAWN
72-53 Jan 9 Mr. Paxton P. Price WITHDRAWN
72-53 Mar 30 CITIES.
ELECTIONS.
EXPENDITURES.
Candidates for election to offices in cities of the third class, operating under the mayor-council form of government, are required to file statements of expenditures under Section 129.110, RSMo 1949, and they are restricted to the expenditures limited in Section 129.100, RSMo 1949.
72-53 Apr 13 LIBRARIES. Negotiation of contract between county library district and city library district under Sec. 182.080, RSMo 1949, does not thereby create a regional library district so as to qualify for equalization grants as a regional district under Sec. 181.060(4), RSMo 1949.
72-53 Aug 28 ELECTIONS. Senate Bill No. 235 of the 67th General Assembly, relating to time off for employees to vote, covers all elections and is not confined to primary and general elections.
72-53 Oct 7 COUNTY.
COMPENSATION.
CLERKS OF BOARD OF ELECTION COMMISSIONERS.
Compensation provided for two clerks of Board of Election Commissioners.
72-53 Oct 14 Hon. Stephen R. Pratt WITHDRAWN
72-53 Oct 15 Mr. Paxton P. Price WITHDRAWN
73-53 Apr 29 FIRE PROTECTION DISTRICTS, BOUNDARIES. A fire protection district may not extend its boundaries to include only a part of an incorporated city, town or village.
73-53 Oct 14 STATE HOSPITALS.
PHYSICIANS.
CONSENT.
At the time of entering a mental hospital a patient cannot, nor can anyone in his behalf, give permission to the hospital, to perform upon him surgical operations for an indefinite future time whenever it was decided by the hospital staff that surgical operations were necessary.
73-53 Oct 19 APPROPRIATIONS. Money appropriated under Section 5.161 of House Bill No. 383, 67th General Assembly, may be expended for all purposes necessarily related to the training of professional personnel for mental hospitals of the state.
73-53 Dec 16 Hon. B. E. Ragland WITHDRAWN
74-53 June 19 AGRICULTURE.
MO. STATE PENITENTIARY.
ANIMALS.
Missouri State Penitentiary is not required to cook the garbage fed to swine owned by the state and fed on the state penitentiary farms under House Bill No. 60 of the Sixty-seventh General Assembly.
75-53 Mar 5 SOCIAL SECURITY.
COUNTY EMPLOYEES.
County not required to pay social security contributions on wages of former employees not employed at the time of the entry upon agreement with Federal Social Security Agency. Officers are required to pay contributions for former term although serving a subsequent term at the time county enters into agreement.
75-53 Apr 16 COUNTY TREASURERS.
OFFICERS.
County treasurer would not receive compensation provided for services in connection with intangible tax if intangible tax is repealed.
75-53 May 15 NEPOTISM.
PUBLIC OFFICERS.
SCHOOLS.
School director causing appointment of relative within certain degree as teacher or bus driver forfeits office. Purchase contracts between school director and board of education prohibited.
75-53 May 28 SOCIAL SECURITY.
COUNTY CLERK.
Effective date of additional compensation for county clerks for performing duties imposed after county elects to accept provisions of State Social Security Law.
76-53 May 26 PUBLIC RECORDS.
OFFICERS.
Notice of proposed change in contract required to be filed under Section 295.100, RSMo 1949, is a public record and subject to inspection by the members of the public.
76-53 May 26 CIRCUIT CLERK.
COURT REPORTER.
In criminal appeals it is the duty of the clerk and the court reporter to make out and certify to the proper appellate court a full transcript; the costs are not required to be advanced.
76-53 June 24 DITCHES.
DRAINAGE DISTRICT.
Sections 246.200 and 246.210, RSMo 1949, prohibiting certain obstructions of drainage ditches, do not apply to acts done by the State Highway Commission.
76-53 Aug 27 SCHOOLS.
SCHOOL DISTRICTS.
Private individual contracting with school district for transportation of public school children in privately owned bus may also contract with parents of individual children or any other person or with a private school for transportation of such children to a private school.
77-53 June 26 AGRICULTURE.
STATE VETERINARY SURGEON.
PUBLIC OFFICERS.
Deputy state veterinary surgeon not required to be resident of Missouri.
77-53 July 16 CREDIT UNIONS. Shareholder may not designate beneficiary to receive shares upon death.
77-53 Aug 6 BANKS. Administrator holding shares of capital stock of bank in his official capacity as administrator does not won said stock “in his own right” so as to permit him to become a director of said bank under qualifications set forth in Section 362.245, RSMo 1949.
77-53 Aug 19 GARBAGE.
AGRICULTURE.
ANIMALS.
1. A college which serves food to students in substantial numbers on a commercial basis, in dining rooms of the college, and feeds the garbage from such dining rooms and kitchens to swine, are within the purview of H.B. No. 60, 67th General Assembly, and are required to cook such garbage before feeding. 2. A nursing home, which furnishes to elderly people, invalids and convalescents living quarters, nursing service and food on a commercial basis, and who feed the garbage to swine, are within the purview of H.B. No. 60, 67th General Assembly, and are required to cook garbage before feeding.
77-53 Sept 23 TRUST COMPANIES.
BANKS.
Trust companies operating under Chapter 363, RSMo 1949, may refuse to offer fractional shares of stock or issue certificates of stock evidencing ownership of such fractional shares.
77-53 Oct 8 CONSTRUCTION OF STATUTES.
TRUST COMPANIES.
Section 363.460, RSMo 1949, is mandatory and requires every corporation doing trust business to create and maintain a surplus fund in the manner and for the purposes provided therein. A corporation chartered for the sole purpose of engaging in trust business cannot carry on any phase of banking business. Not being authorized to accept money deposits, it does not have deposit liability within meaning of Section 363.470, RSMo 1949, and section is inapplicable to such corporation.
77-53 Oct 22 AGRICULTURE.
ANIMALS.
BRUCELLOSIS.
ADMINISTRATIVE LAW.
1) Commissioner of Agriculture has no independent power to promulgate rule requiring testing for Brucecllosis of cattle being brought into Mo. and exclusion or other disposition of those found to be infected with such disease. Sec. 267.260, RSMo 1949, confers such power upon him acting conjointly with the State Vet. and representatives of the U. S. Dept. of Agri. 2) Com. of Agri. has no independent power to promulgate rules governing transportation of animals to and from community sale barns and terminal stockyard markets but may make such rules relating only to suppression of Bang’s Disease conjointly with State Vet. and representatives of the U.S. Dept. of Agri. 3) The power of quarantine extends only to diseased stock and those capable of carrying or causing the disease. The power of quarantine cannot be extended by rule or regulations. 4) State Vet. may refuse to permit cattle owner operating under Plan C of Sec. 267.292, RSMo., Cum. Supp., 1951, to move cattle of adult herd without test showing freedom from Brucellosis. 5) Sec. 267.130, RSMo 1949, covers all dangerous diseases of cattle of the contagious, infectious or spreading character.
77-53 Dec 3 TRUST COMPANIES. Trust company subject to Chapter 363, RSMo 1949 needs only majority vote of all its stock membership to amend articles of incorporation to effect increase in rate of cash dividend on its preferred stock.
77-53 Dec 9 NEWSPAPERS.
LEGAL PUBLICATIONS.
NOTICES.
Proposed changes in the Nevada Daily Mail and the Nevada Herald will not change their status as legal publications and daily and weekly newspapers respectively.
78-53 Feb 4 COUNTY ASSESSOR.
OFFICER.
COMPENSATION.
QUO WARRANTO.
County officer ousted from office by quo warranto entitled to compensation of office for official duties until his successor is elected or appointed and qualified. In performing any acts of the office subsequent to filing of an information against him in quo warranto proceedings, he is acting as a de facto officer and such acts are valid.
78-53 Mar 6 Hon. Earl L. Saunders WITHDRAWN
78-53 Mar 11 ASSESSORS.
COUNTY JUDGES.
INCOMPATIBILITY.
Offices of associate county judge and deputy assessor, though not the subject of positive statutory or constitutional prohibition from being held by one person, are incompatible and it is improper for the same person to occupy both offices.
78-53 Mar 11 SHERIFFS.
DEPUTIES.
POWERS.
OFFICERS.
DEEDS OF TRUST.
PARTITION SUITS. EXECUTION.
TRUSTEE.
Deputy sheriffs may act for sheriffs to levy and sell real estate in satisfaction of judgment; to sell estate in satisfaction of judgment; to sell real estate pursuant to order of circuit court in partition suits; and to sell real estate in foreclosure of deeds of trust when sheriff is ordered by circuit court to sell.
78-53 Apr 4 COUNTIES.
COUNTY ASSESSOR.
COUNTY COURT.
QUO WARRANTO.
Salary, duties and liabilities of county assessor ousted from office under Judgment of Circuit Court in quo warranto proceedings and his successor appointed and qualified.
78-53 June 4 COUNTY HEALTH CENTERS.
EXPENDITURES.
Counties in Missouri maintaining County Health Centers are liable for expense of providing warrants for use in paying obligations of such Health Centers, and are also liable for cost of publishing the detailed financial statement of the county for the preceding year as it relates to County Health Centers, all to be paid out of the County General Revenue Fund.
78-53 Dec 21 MINISTERS.
MARRIAGE.
CRIMINAL LAW.
ORDINATION.
Whether a person who is ordained as a minister of the gospel by the Pentecostal Church, Inc., in 1942, remains an ordained minister of the gospel, is a matter which must be determined by the Pentecostal Church, Inc., and such fact will not be determined by this office. If a person not authorized by Section 451.100 purports to perform a marriage ceremony under the circumstances prescribed in Section 563.250, RSMo 1949, he shall be guilty of a misdemeanor.
79-53 Jan 5 DEPUTY COUNTY CLERK. There are no minimum age requirements for a deputy county clerk of a fourth class Missouri county.
79-53 Apr 22 TAXATION.
MANUFACTURERS.
Mining corporation not a “manufacturer” within meaning of Section 150.300, RSMo 1949. Stock-piled ore owned by mining corporation subject to tax as personal property in county where situated as provided in Sections 137.095 and 137.140, RSMo 1949.
79-53 Sept 5 SPECIAL ROAD DISTRICTS. Commissioners of Special Road Districts organized under Secs. 233.170 to 233.315, inclusive, RSMo 1949, have the exclusive control over the property and funds of such districts. Such funds cannot be used for any purpose other than that for which such funds are collected. Prevention of deviation in the use of such funds may be invoked by owners of real estate in such district. The County Courts have no statutory authority in such matters. County Courts do have authority to dissolve Special Road Districts.
81-53 Feb 20 LOCAL COMMERCIAL MOTOR VEHICLES. (1) That a farmer operating his truck on a local commercial motor vehicle may travel beyond the twenty-five mile limit when he has no load on his truck and is on a pleasure trip. (2) That a farmer operating on a local commercial motor vehicle license may not make a “for hire haul.” (3) That a man, not a farmer, operating on a local commercial motor vehicle license, may not go beyond the twenty-five mile limit on a pleasure trip. (4) That a person, not a farmer, operating on a local commercial motor vehicle license, may not legally move from job to job in excess of the twenty-five mile limit.
81-53 Feb 25 OFFICIAL BOND.
BREACH.
Every person injured by the breach of the bond of a public official is entitled to share in funds recovered for the breach of such bond.
81-53 June 22 Hon. W. D. Settle WITHDRAWN
81-53 Aug 31 EXTRADITION. (1) Rule 21.08 of the rules of criminal procedure is valid and should be followed. (2) The sheriff, the prosecuting attorney or other officers can sign a complaint on the basis of information obtained in the course of investigation. Such complaint justifies the issuance of a warrant for the arrest of the accused. (3) An affidavit based on information and belief only is not a sufficient basis for extradition.
81-53 Sept 8 TRAINING SCHOOLS.
CRIMINAL LAW.
DISCHARGE.
Any person lawfully committed to the Missouri Training School for Boys may be discharged from legal custody thereof by the State Board of Training Schools.
81-53 Oct 29 Hon. W. E. Sears WITHDRAWN
81-53 Dec 4 MISSOURI TRAINING SCHOOLS.
JUVENILES, PAROLEES.
SHERIFFS.
Information as to parolees from Missouri State Training Schools not to be furnished to sheriffs for posting.
82-53 Apr 29 SCHOOLS, DISSOLUTION OF REORGANIZED DISTRICTS. The territory included in a dissolved enlarged district becomes unorganized territory and may be organized into common school districts by the method prescribed in Section 165.163, RSMo 1949. No such district can receive state aid for the first school term of its existence.
84-53 Jan 19 CRIMINAL LAW.
CRIMINAL SEXUAL PSYCHOPATH MAY BE PROSECUTED; WHEN.
One found to be a criminal sexual psychopath within meaning of Sec. 202.700 RSMo 1949, of Criminal Sexual Psychopath Act and committed to State Hospital No. 1, against whom a criminal charge is pending cannot be prosecuted on said charge during probationary period or subsequent to final discharge from hospital.
85-53 Jan 26 AGRICULTURE.
MILK PLANTS.
LICENSE REQUIRED.
WHEN.
Plants receiving milk, testing for butter-fat, paying producer on basis of test filtering, cooling and transporting milk to other plants are “milk plants” within the meaning of Par. 20, Sec. 196.520, RSMo 1949. Filtering and cooling is “processing” within meaning of law. Such plants required to secure one or more types of licenses provided by Paragraph 6, Sec. 196.605, RSMo 1949, to engage in such business.
85-53 Feb 19 COMMISSIONER OF AGRICULTURE.
FOODS AND DRUGS.
SKIMMED MILK CHEESE.
Product failing to conform to the definition of Par. 11, Sec. 196.525, RSMo 1949, is not cheese, and cheese labeling statutes are inapplicable to product, and product cannot be manufactured, sold, or offered for sale as “cheese” or “filled cheese”. Manufacture and sale of such product not prohibited in Missouri.
86-53 Feb 9 GENERAL ASSEMBLY.
HOUSE OF REPRESENTATIVES.
OFFICERS.
FEES, COMPENSATION AND SALARIES.
Under provisions of Section 16a, Article III of the Constitution, representative entitled only to maximum of Ten Dollars per day reimbursement for actual expenses of such day.
86-53 May 26 ROADS. County court may establish public road under Section 228.180, RSMo 1949, and need not comply with Sections 228.010 through 228.100, RSMo 1949, if it does so.
86-53 Aug 18 MISSOURI STATE SCHOOL. Director of Division of Mental Diseases, with approval of Director of Department of Public Health and Welfare, will determine site for erection of new building for Missouri State School.
86-53 Oct 28 DIVISION OF WELFARE.
COUNTY WELFARE OFFICE.
MONTHLY REPORT OF RECIPIENTS A PUBLIC RECORD.
Section 208.120 Laws of 1953 requires county welfare office to keep report of names, addresses, and amount paid each beneficiary of old age assistance, aid to dependent children and permanently and totally disabled persons during preceding month. Report is public record and open to public inspection at all times during business hours of welfare office. All information regarding applicants or recipients other than names, addresses and amount of grants whether in monthly reports or other records of welfare office is confidential and cannot be revealed to public. Employees of office who require persons to execute affidavit, that if permitted to examine monthly reports they will keep information confidential is illegal, as procedure is not provided for by any Missouri statutes.
87-53 Nov 18 Hon. George T. Sweitzer, Jr. WITHDRAWN
88-53 Jan 26 SHERIFFS. It is the duty of a sheriff to collect and account for all fines, penalties, forfeitures and other sums of money accruing to the state or any county in virtue of any order, judgment or decree of a court of record.
88-53 Feb 10 CRIMINAL LAW.
MAGISTRATES.
Duty of magistrate to issue a warrant upon a felony complaint filed by a person other than the prosecuting attorney.
88-53 Apr 1 ELECTIONS.
JUDGES AND CLERKS.
Same persons may serve as judges and clerks of special election to fill vacancy in office of representative, municipal election, and election of school directors.
88-53 May 20 COUNTY HEALTH PLAN PETITION.
COUNTY COURT.
ISSUANCE OF BONDS.
Mandatory upon county court to call election if 10% or more of qualified voters of county request it for the purpose of issuing bonds to establish a county health center. Sec. 205.010, Laws of Mo. 1951, does not provide for any protest period after filing of petition.
88-53 July 6 CHAUFFEUR’S LICENSE. Traveling salesmen operating company cars are not required to have chauffeur’s license.
88-53 Oct 14 Hon. Stewart E. Tatum WITHDRAWN
88-53 Dec 2 COUNTY BUDGET LAW. 1) County Court in second class county may use unexpended “emergency” fund for remodeling county buildings. 2) Surplus funds remaining after payment of current indebtedness to be included in county budget for ensuing fiscal year.
89-53 Jan 22 CORONERS.
FEES.
A coroner of a third class county is not entitled to retain fees in addition to salary provided by law.
89-53 May 12 RECORDS.
PUBLIC OFFICERS.
Land patents on file in the office of secretary of state may not be altered or cancelled by said officer.
89-53 Sept 3 FENCE LAW.
SCHOOL DISTRICT.
A School district cannot be required to pay its proportionate share for the erection and repair of a division fence under the provisions of Section 272.060, et seq., RSMo 1949.
89-53 Sept 24 COSTS.
SHERIFFS.
When a complainant filed an affidavit charging a felony, and a warrant was issued and the defendant was arrested, but before a preliminary examination was held complainant dismissed the charge, the Magistrate before whom the proceeding was instituted was entitled to a fee of $2.50; that the arresting officer making the arrest was entitled to a fee of $1.00; that if the sheriff rendered any other compensable services, these are costs, and that if witnesses had been subpoenaed the cost thereof would also accrue.
89-53 Oct 7 SCHOOLS.
TAXATION.
An increased tax rate as authorized by a vote of the residents of a school district and certified to the county clerk after taxes have already been extended should be carried in a supplemental tax book.
89-53 Dec 10 CORPORATIONS.
SECRETARY OF STATE.
Secretary of State may not refuse to issue certificate of incorporation because purpose of corporation might be used in violation of law; should refuse to issue certificate of incorporation to business corporation which uses word “benevolence” as part of corporate name.
89-53 Dec 31 COURTS.
DISTRICTS.
MAGISTRATE.
STATUTES.
Counties having more than one magistrate judge are to be divided into districts as equal in population as may be determined by the body authorized to make such division; but that the discretion of such body is limited, and subject to review by the Courts. The division of Jackson County into magistrate districts, the smallest district having a population of 49,105, and the largest district having a population of 99,476 would be so grossly unequal in population as to constitute an abuse of discretion of the body making such division. That portion of Section 482.040, RSMo 1949, requiring redistricting of county into magistrate districts to be done within sixty days after order of the Circuit Court is directory.
90-53 Apr 27 CHAUFFEUR’S AND OPERATOR’S LICENSE.
PUBLIC RECORDS.
Records of conviction kept by Director of Revenue, of accident reports and Court records of convictions are public records and thus open to inspection by the public.
90-53 Nov 25 SCHOOLS. Common school districts may not pay out of school funds for lunches for pupils who are residents of such common school district who are attending a town school.
92-53 Jan 29 OFFICERS.
CONSTITUTIONAL LAW.
INCREASED COMPENSATION DURING TERM NOT VIOLATIVE OF CONSTITUTION – WHEN.
When county changes classification from 4 to 3 on Jan. 1, 1953, incumbent officers to receive compensation allowed by statute to officers of 3rd class counties. Greater compensation not an increase during officer’s term in violation of Art. VII, Sec. 13, of Constitution.
92-53 Feb 5 CAPE GIRARDEAU COURT OF COMMON PLEAS.
PROBATE JUDGE OF CAPE GIRARDEAU COUNTY.
The judge of the Cape Girardeau Court of Common Pleas is required to account for and deposit the 2 ½% of the state inheritance tax as an accountable fee.
92-53 Mar 5 Hon. Curt M. Vogel WITHDRAWN
92-53 Mar 6 MOTOR VEHICLES.
MUNICIPALITIES.
POLICE.
Section 301.260, RSMo 1949, providing display on side of motor vehicles, name of municipality, court or political subdivision, department thereof, and distinguishing number, does not apply to ambulances, patrol wagons and fire apparatus owned and used by a municipality.
92-53 June 26 DESTRUCTION OF DOCUMENTS. Can official records, documents, etc. of the State Treasurer, Commissioner of Finance and the Division of Insurance be destroyed after the sine die adjournment of the General Assembly where the statute authorizing the destruction provides for destruction “during each biennial session of the General Assembly.”
92-53 July 28 LOTTERY.
DRIVE-IN THEATER.
ATTENDANCE PRIZE.
An operation whereby a drive-in theater gives a prize to the driver of a motor vehicle which brings the most number of persons to the theater on a specified night contains the element of prize, consideration and chance, and is therefore a lottery.
92-53 Aug 4 RECORDER. The county is entitled to money collected by the recorder under color of office and authority.
92-53 Aug 17 OFFICERS.
DEPUTY CIRCUIT CLERK.
THIRD CLASS COUNTIES.
MAY BE NOTARY PUBLIC.
Office of deputy circuit clerk, third class county and notary public compatible. One person can hold both offices and perform the duties of each. Deputy circuit clerk of third class county commissioned notary public can perform duties of latter office at any location in his own county he might choose, and is entitled to charge, collect and retain as his own, every fee prescribed by statute for notarial service rendered.
92-53 Sept 19 Hon. Raymond H. Vogel WITHDRAWN
93-53 Jan 8 TAXATION.
PERSONAL PROPERTY.
MOTOR VEHICLES.
UNITED STATES.
COLLECTOR.
1) Non-resident military personnel exempted from payment of personal property tax. 2) Non-resident civilian employees living within or without boundaries of Fort Leonard Wood reservation owe personal property tax. 3) Resident military personnel owe personal property tax in county of residence. 4) Collector should certify no taxes due from non-resident military personnel.
93-53 Mar 5 TRAFFIC REGULATIONS.
PENALTIES.
Penalties are provided in Section 304.570, RSMo 1949, for violations of the terms of Section 304.250 of Chapter 304, RSMo 1949.
93-53 Mar 5 JUVENILE COURTS.
CHILDREN.
TRAFFIC VIOLATIONS.
When children sixteen years of age are charged with traffic ordinance violations in local police courts of cities, towns, and villages of St. Louis County, said police courts lack the power to hear and determine said cases, but must certify them to the juvenile court of said county for disposition.
93-53 Mar 12 PENSIONS.
COUNCILMEN.
There is no incompatibility in a retired pensioned policeman of the City of Maplewood serving as city councilman of the City of Maplewood so long as such retired pensioned policeman, in his capacity as councilman, can take no action with regard to the amount of pension that a retired policeman of Maplewood should receive.
93-53 Mar 16 CRIMINAL JURISDICTION OF FORT LEONARD WOOD. The land area embraced by Fort Leonard Wood, including that portion of such area which is occupied by Highway No. 17, is under the exclusive jurisdiction of the United States so far as criminal jurisdiction is concerned.
93-53 Mar 20 Mr. Hugh H. Waggoner WITHDRAWN
93-53 Apr 8 HIGHWAY PATROL. Information complied under subsection (4), Section 43.120, RSMo 1949, available to peace officers only.
93-53 Apr 9 DEFINITIONS.
MOTOR VEHICLE REGISTRATION.
“Seating capacity” as used in Section 301.060, V.A.M.S., 1952, means number of persons who may be actually seated in a commercial vehicle, and does not limit number of passengers who may be carried.
93-53 May 21 MOTOR VEHICLES.
DOMICILE.
RESIDENCE.
Evidence that a person maintains a home and family in this state to which he returns on weekends, although he rents a room in a foreign state, carrys a notarized statement that he is a resident of such foreign state and registers his truck in the foreign state, constitutes substantial evidence from which the trier of fact could find that such person was a resident of the State of Missouri; and that the operation of his truck on the highways of this state without having registered the same with the Director of Revenue as provided in Section 301.020 would be in violation of Section 301.020.
93-53 June 13 MOTOR VEHICLES.
BRAKES - SUFFICIENCY REQUIRED.
Intention of legislature in enactment of Par. 3, Section 304.560, RSMo 1949, is that all motor vehicles except motorcycles be provided at all times with two sets of brakes kept in good working order. When either set is operated independently of the other, must be sufficient to enable driver of moving vehicle to stop same within reasonable distance. Moving vehicle with two sets of brakes that cannot be stopped within reasonable distance when hand or emergency brake is operated, then driver violates said statute.
93-53 June 23 MOTOR VEHICLES.
RECIPROCITY.
Reciprocity with State of Arkansas, Illinois and Kansas.
93-53 June 23 RECIPROCITY.
MISSOURI.
KANSAS.
As regards the registration of motor vehicles transporting passengers or property for hire, reciprocity does not exist between the state of Missouri and the state of Kansas.
93-53 July 6 HIGHWAYS.
MOTOR VEHICLES.
NUISANCE.
A motor vehicle may be parked or abandoned on the public roads and highways in such a manner as to constitute a public nuisance; each situation must be appraised to determine whether there is a public nuisance. Motor vehicles which are public nuisances may be summarily removed by Highway authorities. Such Highway authorities cannot incur liability on the part of the owner for the cost of towing such vehicle to a garage and storing it.
93-53 July 9 Hon. Wayne W. Waldo WITHDRAWN
93-53 Sept 15 CRIMINAL SEXUAL PSYCHOPATHS. Costs of proceedings alleging criminal sexual psychopathy to be paid according to rules found in Secs. 458.080 and 458.090, RSMo 1949.
93-53 Sept 24 MOTOR VEHICLES.
LICENSE FEE OF LOCAL COMMERCIAL VEHICLES AND COMMERCIAL VEHICLES.
A truck line is transporting freight long distances over state highways by tractor-trailers, and all tractors are licensed as local commercial vehicles. None of tractors driven more than 25 miles from each municipality specified; in local licenses, but trailers pulled greater distances. This is done by disconnecting each trailer from its tractor and connecting it to another tractor at end of each 25 miles of route, and is repeated indefinitely until trailer reaches destination. Operation is violation of terms of each local commercial license and subsections 3 and 7, Section 301.060, pages 699, 700, Laws of 1951.
93-53 Oct 30 CONSTABLES.
COUNTIES UNDER SPECIAL CHARTER.
County council of St. Louis County has no authority to enact proposed ordinance (Bill No. 31-1953) relating to special deputy constables.
93-53 Dec 10 INTOXICATING LIQUOR.
NON-INTOXICATING BEER.
A premise licensed to sell food, supply entertainment, and permit the consumption of intoxicating liquor on the premise, except on Sunday and between certain hours, may open on Sunday for the purpose of selling food and supplying entertainment, so long as it does not permit the consumption of intoxicating liquor. Also, that said premise may be kept open on Sunday even though 3.2 or non-intoxicating beer is permitted to be consumed on the premise on that day.
93-53 Dec 14 FIRE DISTRICTS.
RAILROADS.
TAX COMMISSION.
A railroad company is not required in the annual statements required by Section 151.020 to specify the amount of mileage of track within a fire district, and the failure of a railroad company to so specify will not give the Tax Commission power under Section 151.070 to make further assessment, adjustment or equalization of the railroad property, since nothing has been omitted. The State Tax Commission has no legal right to compel a railroad company under Section 151.080 to report its mileage within a fire district. The State Tax Commission cannot make an arbitrary assessment under Section 151.050 for failure of a railroad company to specify the amount of mileage of track within a fire district. The State Tax Commission does not have the power to apportion railroad company mileage to a fire district under Section 138.380; because apportionment of taxes is made under Section 151.080. It must be done in the manner therein provided.
93-53 Dec 18 RECIPROCITY.
MISSOURI AND MICHIGAN.
A commercial motor vehicle owned by a resident of Michigan and licensed by the State of Michigan, operating within the State of Missouri, engaged in the transportation of persons or property for compensation for a period exceeding ten (10) days, is subject to be licensed by the State of Missouri; a resident of the State of Michigan, carrying on a business in the State of Missouri, who owns and operates in such business any commercial motor vehicle subject to registration in the State of Missouri, would, at once, be required to register each such vehicle and pay the same fee therefor as is required with reference to like vehicles owned by a resident of the State of Missouri.
94-53 Apr 25 COUNTY HEALTH CENTERS.
ELECTION EXPENSES.
The several counties of Missouri are liable for all the expenses of holding a general election in this State at which County Health Center Trustees are elected.
94-53 June 26 SHERIFFS.
SALARY.
County Court may not pay sheriff money in lieu of living quarters.
95-53 Mar 10 WORKMEN’S COMPENSATION.
SETTLEMENTS & HEARINGS.
An individual member of the Industrial Commission of this State may approve compromise settlements made by parties to a claim for compensation. He may not, however, hold a hearing on a claim after an award is made thereon by a Referee and after the claim has reached the full Commission on review, under Section 287.480, RSMo 1949.
95-53 Mar 11 PROBATE COURT. Duty of county to furnish certain legal publications for the office of probate judge.
95-53 Mar 26 Hon. Gordon P. Weir WITHDRAWN
95-53 Apr 8 UNEMPLOYMENT SECURITY. Gordon P. Weir, Director of the Division of Employment Security of Missouri is the person who has authority to requisition funds from the Unemployment Trust Fund.
95-53 May 19 CRIMINAL PROCEDURE.
TRIAL MAGISTRAATE TO AFFORD CONSULTATION TIME TO DEFENDANT, WHEN.
When defendant is arraigned on misdemeanor charge, in magistrate court magistrate must, before accepting plea afford defendant sufficient time and opportunity to consult attorney and a friend. If necessary, he must continue case until defendant is accorded such rights. Prosecuting attorney who instituted misdemeanor case before magistrate, not required by statute to be present when guilty plea made and sentence entered but he is entitled to $5.00 statutory conviction fee whether present or absent.
95-53 July 31 DIVISION OF EMPLOYMENT SECURITY.
SUPPLIES.
Purchase of all supplies for Division of Employment Security must be made through the State Purchasing Agent unless he authorizes direct purchases by the Division.
95-53 Dec 31 DIVISION OF EMPLOYMENT SECURITY.
MERIT SYSTEM AND EMPLOYEES.
Director of Division of Employment Security may employ secretary for such Director without regard to provisions of Merit System.
96-53 Jan 26 Mr. Hubert Wheeler WITHDRAWN
96-53 Feb 10 TAXATION. Students at School of Mines are subject personal property tax assessment in Phelps County, only if they establish legal residence in that county.
96-53 Mar 12 COUNTY COURTS.
COUNTY DEPOSITARY.
County court cannot place county funds in an account outside the county depositary; such would not be grounds for removal from office in the absence of fraud or misappropriation.
96-53 Mar 26 ABSENTEE VOTING.
ELECTIONS.
TOWNSHIPS.
VOTING.
Absentee voting not authorized at elections wherein only township officers are elected.
96-53 Mar 28 TOWNSHIP ELECTIONS.
FORM OF BALLOT.
It is not permissible to write or print name of any political party on ballot used in township elections of township officers to designate the political party of the candidates on the ballot.
96-53 Apr 3 RULES OF CRIMINAL PROCEDURE.
MAGISTRATES.
A magistrate is not required to keep a record of bonds taken by him in connection with preliminary examinations in felony cases.
96-53 May 19 TOWNSHIP ASSESSOR.
RESIDENCE.
Residence is dependent upon intention and when established is not changed by temporary change of place of abode if no intention to change residence is entertained.
96-53 June 6 INTOXICATING LIQUORS. Regulation of Supervisor not basis for criminal prosecution.
96-53 Aug 25 SCHOOLS.
SCHOOL FUNDS.
CONSTITUTIONAL LAW.
Effect of decision of McVey v. Hawkins, 258 S.W.2d 927, on state aid for transportation to private schools.
96-53 Aug 27 LEGISLATION.
EFFECTIVE DATE.
BOUNTIES ON WOLVES.
H. B. No. 88, passed by the last General Assembly, reducing the bounty on wolves, will become effective on August 29, 1953.
96-53 Sept 2 Hon. J. Patrick Wheeler WITHDRAWN
96-53 Sept 3 TAXATION. Corporation organized under general business corporation statutes liable for ad valorem taxes.
96-53 Sept 19 COUNTY WELFARE DEPARTMENT.
HOUSE BILL NO. 355.
House Bill No. 355 imposes certain duties upon the County Welfare Department in each county in the state, which duty the County Welfare Department in each county is legally obliged to discharge.
96-53 Sept 19 MOTOR VEHICLES.
PUBLIC SERVICE COMMISSION.
SCHOOLS.
SCHOOL TRANSPORTATION.
A private bus owner who uses his bus solely for the purpose of transporting children to or from schools, whether public or private, does not need to obtain a certificate from the Public Service Commission authorizing him to do so.
96-53 Sept 19 TAXATION. Possessory rights under a lease are to be taxed as “real property” under Missouri tax laws.
96-53 Oct 17 MOTOR VEHICLES.
DRIVER’S LICENSE.
Expiration date of driver’s license issued under authority of Section 302.050, RSMo 1949.
96-53 Nov 17 NONINTOXICATING BEER. Prohibition against the selling of nonintoxicating beer to minors, contained in Section 312.400, RSMo 1949, not confined to licensees and their employees, but extends to all persons who are not specifically excepted by the statute.
96-53 Nov 20 ACCOUNTS.
PUBLIC ACCOUNTANTS.
Operation of bookkeeping and tax service not the practice of public accountancy, and its operation without certificate of registration as public accountant is not a violation of law. Use by the proprietor of such service of the business name “auditing and tax service,” “indicates that such person is entitled to practice as a public accountant,” and is unlawful.
96-53 Dec 14 COUNTY TRUSTEE.
DRAINAGE DISTRICT.
TAXATION.
A drainage district is not entitled to participate in the surplus of proceeds received from lands sold by a county trustee under the provisions of Section 140.260, RSMo 1949. A drainage district does not have the authority to compromise delinquent drainage taxes.
97-53 Jan 29 Hon. Homer F. Williams WITHDRAWN
97-53 Apr 21 CITIES, TOWNS AND VILLAGES.
CIVIL PROCEDURE.
MAGISTRATES.
Cities of fourth class not required to pay filing fee in magistrate court but must furnish bonds in attachment suits.
97-53 May 8 CO-OPERATIVES. Sec. 357.150, RSMo 1949, prevents use of funds of co-operative company organized under this chapter in order to pay expenses of organizing such company.
97-53 July 6 INTOXICATING LIQUOR. Determination of “habitual drunkenness” to be made by supervisor of liquor control or by court under appropriate circumstances.
97-53 July 16 SCHOOL DISTRICTS.
TAXATION.
Last date for certification of levy increase vote.
99-53 Sept 24 Hon. A. L. Wright WITHDRAWN