1954 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-54 Feb 8 TAXATION.
INCOME.
Members of the Commissioned Corps of the Public Health Service actively serving prior to July 3, 1952, entitled to $3,000. income tax exemption per Section 143.105; but not after said date.
1-54 Aug 9 COUNTY COURTS.
ASSESSORS.
County court in county under township organization does not have authority under Section 53.190 to remove township clerk and ex officio township assessor.
1-54 Dec 28 Major General A. D. Sheppard WITHDRAWN
2-54 Mar 16 VITAL STATISTICS. Division to record births proven under provisions of Section 193.200, RSMo 1949, and upon payment of statutory fees to issue certified copies of such records.
2-54 Aug 12 PURE FOOD AND DRUG ACT.
CIRCUIT ATTORNEY.
Duty of enforcing embargo provisions of Missouri Food and Drug Law devolves upon circuit attorney for City of St. Louis.
2-54 Aug 20 DIVISION OF HEALTH.
HOTELS.
Orders for alterations to be made in buildings used as hotels, to be given to the owner, proprietor or agent in charge of said buildings, when such building does not meet the requirements of a building used for a hotel by Missouri law, can only be given by the Director of the Division of Health or by a deputy, who may be the deputy of food and drug administration, when such deputy is vested with such authority by the Director of the Division of Health. The closing order for a hotel to be given following noncompliance with the order of alterations in the building mentioned above, can only be given by the same person under the same conditions as noted above; that is to say, the Director of the Division of Health or by a deputy invested with such authority by the Director of the Division of Health.
2-54 Dec 1 APPROPRIATIONS.
FEDERAL AID.
DIVISION OF HEALTH.
Federal aid provided under Public Law 725 as amended by Public Law 482 stands appropriated for current biennium to Division of Health.
3-54 Feb 3 COMPTROLLER AND BUDGET DIRECTOR. The contract for the purchase of a rug by the Missouri Supreme Court did not need to be approved by the state comptroller and budget director; that a contract for repairs to the Missouri Supreme Court Building should have been approved by the Director of Public Buildings.
3-54 June 3 APPROPRIATIONS.
STATE BOARD OF NURSING.
Members of State Board of Nursing entitled to compensation of ten dollars per day on and after date of appointment October 27, 1953, 95 per cent of appropriations under House Bill 384, Section 7.390, passed by the 67th General Assembly as of August 29, 1953, shall be transferred to the State Board of Nursing Fund for the use of the State Board of Nursing and expenses of said Board shall be paid out of such appropriation and that appropriated under House Bill 11, passed by the Second Session, 67th General Assembly.
3-54 July 1 COMPTROLLER AND BUDGET DIRECTOR. The provisions of Article IV, Section 28, Constitution of Missouri, 1945, are applicable to the judiciary; and on each claim submitted for payment the Comptroller must certify it for payment and the Auditor must certify that the expenditure is within the purpose of the appropriation and that there is in the appropriation an unencumbered balance sufficient to pay it.
5-54 July 14 MUNICIPAL WATER SUPPLY.
USE OF FLUORIDE.
The addition of fluoride to a city’s water supply to make the fluoride content one part fluoride to one million parts water as recommended by the Division of Health of Missouri and the United States Public Health Service would not contravene any existing law of the State of Missouri.
6-54 Mar 18 Hon. G. C. Beckham WITHDRAWN
6-54 Sept 3 COUNTY COMMITTEES.
VACANCIES.
PRIMARY ELECTIONS.
Vacancy created in a county committee by a tie vote is filled by a majority of the new county committee electing a qualified person to fill such vacancy.
6-54 Dec 27 Hon. William T. Bellamy, Jr. WITHDRAWN
7-54 Jan 22 MOTOR VEHICLES.
LICENSES.
MISDEMEANORS.
CRIMINAL LAW.
PENALTIES.
The operation of a commercial vehicle with load in excess of maximum weight of license is subject to penalties provided by Section 301.440, RSMo 1949. Operation of vehicle licensed as local commercial vehicle outside local commercial zone is subject to penalties provided by Section 301.440, supra. Operation of vehicle on which license has expired is also subject to punishment in accordance with the provisions of the above mentioned section.
7-54 Feb 15 CONDEMNATION.
COUNTY.
EMINENT DOMAIN.
STATE HIGHWAY COMMISSION.
In the absence of agreement between the parties to a condemnation suit to the contrary, fixtures, attached to the land condemned, pass to the condemner. And, if the condemner wishes such fixtures removed, it must bear the expense of removal of said fixtures.
7-54 Apr 20 MOTOR VEHICLE.
TRAILER.
FARM VEHICLES.
“Farm Wagon” drawn on highways by farm tractors not required to be registered as motor vehicle or motor vehicle trailer.
10-54 Mar 26 CLERK OF PROBATE COURT. No salary provided for clerk of probate court in county of third class having population in excess of 10,750 but less than 15,000 inhabitants with a valuation of $11,000,000.
10-54 June 29 Hon. Gordon R. Boyer WITHDRAWN
10-54 Sept 3 MOTOR VEHICLES.
CRIMINAL LAW.
Provisions relating to mechanical signaling devices as described in Section 304.019, RSMo Cum. Supp. 1953, are applicable only to new vehicles registered in Missouri subsequent to January 1, 1954.
10-54 Oct 4 OPTOMETRISTS.
NATUROPATHS.
LICENSES.
PROFESSIONS.
A naturopath not licensed as a physician or surgeon in this state, is not authorized under Sec. 336.120(1) to practice optometry without a certificate of registration from the State Board of Optometry.
10-54 Dec 14 Hon. A. J. Bolinger WITHDRAWN
11-54 Jan 11 TAX.
SCHOOLS.
(1) There is no specific time limitation as to when the clerk of the county court may turn over the supplemental tax book to the county col lector to collect taxes authorized by a special tax levy election (2) Taxes authorized by special tax levy election become delinquent on January 1st of the year following the levy (3) Such taxes constitute a lien on the assessable real property in the district, and (4) Payment of those school taxes due at the time of payment, does not preclude collection from those taxpayers of the additional taxes due by virtue of the tax levy election.
11-54 June 11 SCHOOLS.
COUNTY COURT.
COUNTRY TREASURER.
School district cannot by method provided for change of boundary lines absorb another entire district; new district, to be composed of two entire districts, must have within its limits twenty persons of school age; attempted formation of new district invalid so that county court has no duty to assign number to proposed new district and county treasurer has no duty to honor warrants of new districts or to transfer funds of old districts to proposed new district.
12-54 Sept 8 Hon. Pascal G. Bryant WITHDRAWN
12-54 Oct 18 Hon. David G. Bryan WITHDRAWN
12-54 Nov 8 MOTOR VEHICLES.
CRIMES AND PUNISHMENT.
FORGERY.
FALSE AFFIDAVIT.
False application for certificate of ownership to a motor vehicle a forgery, when. False application also false affidavit under Section 557.090, 1949. Taking of false acknowledgment by notary violation of Section 561.220, Laws, 1952, page 420.
13-54 Feb 1 MORTGAGE.
DEED OF TRUST.
RECORDER OF DEEDS.
SATISFACTION OF RECORD.
A public official claiming a fee for performance of his duty must put his finger on the statute authorizing such fee; and that no statute authorizes the payment of a fee to a recorder of deeds for entering on the margin of the record the satisfaction of a mortgage or a deed of trust on realty.
13-54 Feb 5 LIQUOR CONTROL ACT.
INTOXICATING BEER LICENSE.
A person who, on or since December 5, 1933, has been convicted of a violation of any law applicable to the manufacture or sale of intoxicating liquor, which includes 5% or intoxicating beer, cannot legally be granted by the supervisor of liquor control and license to sell intoxicating liquor or 5% or intoxicating beer; a person so convicted prior to December 5, 1933, is not debarred from securing such a license if he be found to possess the other necessary qualifications; a person convicted of the violation of a law not related to the manufacture or sale of intoxicating liquor or 5% or intoxicating beer , is not debarred from obtaining a liquor license if he possesses other necessary qualifications.
13-54 Mar 2 Hon. Leland C. Bussell WITHDRAWN
13-54 Mar 11 BOARD OF PROBATION & PAROLE.
CRIMINAL LAW.
PARDONS.
Grounds for recommending pardons to the Governor by the Board of Probation and Parole
13-54 Mar 11 BOARD OF PROBATION AND PAROLE.
PAROLES.
PARDON AND PAROLE.
Board of Probation and Parole may, in its discretion, grant parole without requiring personal interview.
13-54 Mar 25 TAXATION.
MUNICIPALITIES.
Personal property located without the city limits but belonging to a resident of the city is subject to taxation for municipal purposes.
13-54 June 8 ELECTIONS.
CIVIL RIGHTS.
CONVICTS.
INTERMEDIATE REFORMATORY.
Person released from Intermediate reformatory by Governor’s commutation in 1940 may have right to vote restored only by pardon; may not serve as juror until pardoned, if convicted of crimes listed in Sections 557.490, 559.470, 561.340, or if over twenty convicted of crimes listed in Section 560.160; may not hold office of honor, trust, or profit if convicted of crimes listed in Sections 557.490, 558.130, 559.470, 561.340 and 564.710; or if over twenty years of age and convicted of one of the crimes listed in Section 560.610, unless he receives a pardon.
13-54 June 18 FIREWORKS.
COUNTY COURT.
County court cannot regulate or prohibit sale or use of fireworks, nor limit sale of fireworks to location with permit.
13-54 Sept 15 MAGISTRATES.
COURTS.
COUNTIES.
Salaries of magistrate, clerk, deputy clerk and other employees in court of “additional magistrate” established pursuant to Section 18, Article V, Constitution of Missouri 1945, to be paid by county wherein located; and fees derived from operation of such court to be retained by such county and used for such purpose.
13-54 Oct 5 TRAFFIC ORDERS OF JACKSON COUNTY. The County Court of Jackson County has exceeded its authority, and Section 6 of Article XII is without foundation in statute or constitution, and since the County Court exceeded its jurisdiction, such provision is null and void.
13-54 Oct 15 Hon. Leland C. Bussell WITHDRAWN
13-54 Oct 22 TAXATION AND REVENUE.
DELINQUENT TAXES.
COUNTY COURTS.
County Court authorized to sell land purchased by county trustee at delinquent tax sale for consideration greater than amount of delinquent taxes.
13-54 Nov 5 COUNTY COURT. In counties of first class it requires one public hearing before any amendment to regulation or zoning order can become effective.
14-54 Jan 14 COUNTY COLLECTORS’ FEES.
TAXATION.
RAILROAD TAXATION.
Taxes on bridge, express and public utility companies are to be included under the provision of Section 52.260 RSMo 1949, for the purpose of determining collectors’ commissions. Railroad taxes are not to be included. Collectors’ may not retain commission for collection of railroad taxes if the maximum compensation allowed them under Section 52.270 RSMo 1949 is exceeded by their addition.
14-54 Jan 20 FEES AND SALARIES.
MARRIAGE LICENSES.
MORTGAGES.
PUBLIC OFFICERS.
RECORDER OF DEEDS.
1. The $750.00 increase in annual compensation for recorders of deeds of third class counties wherein the office of recorder of deeds and circuit clerk are separate, provided by Senate Bill No. 42, 67th General Assembly, shall be prorated for the year 1953. 2. Such recorders of third class counties are not entitled to the fee provided by Section 59.490, for recordation of discharges of veterans after the effective date of said bill. 3. The basic fee for issuance and recordation of marriage licenses is $1.00. The recorder is entitled to 25¢ for each affidavit that is reasonably necessary in determining the age of the applicants if there be reasonable doubt that such applicants, or either of them, are under the legal age for marriage. Further, that if one or both of the applicants are of an age that requires the consent of a parent or guardian, the recorder is entitled to 50¢ for his certificate and seal that such consent has been given. 4. Punctuation marks, dollar signs and numerals are not to be considered “words” in computing recorders’ fees under Section 59.310, V.A.M.S. 5. The recorder of deeds is not authorized to satisfy of record a chattel mortgage merely upon the presentation by the mortgagor of the original note marked paid. Such satisfaction of record shall be in accordance with Section 443.490.
15-54 May 12 COUNTY OFFICERS.
OUSTER.
The amount of time which a county officer must personally devote to the duties of his office in order not to be subject to ouster from his office is a matter which must be determined upon the basis of the particular facts and circumstances in each case.
15-54 May 24 PUBLIC RECORDS.
VETERANS.
STATE SERVICE OFFICER.
State Service Officer entitled to such public records as he needs in connection with his official duties without charge. Copies of such records may be requested by Assistant State Service Officer.
15-54 July 28 ASSESSMENT OF PERSONAL PROPERTY IN TOWNSHIP ORGANIZATION COUNTIES. In township organization counties personal property should be assessed and taxed in the township where the owner resides, even though the property is physically located in another township; if the property is partnership property it should be assessed against the partnership at the place where located.
15-54 Sept 8 SHERIFFS.
PUBLIC OFFICERS.
Person resident of fourth class county for 75 days and of the State of Missouri for two years immediately prior to appointment is eligible for appointment as deputy sheriff in such county.
15-54 Dec 1 STATE HOSPITALS FOR THE INSANE.
PAYMENT FOR CONFINEMENT OF INDIGENT PATIENTS.
A county does not have a lien on real estate owned by the entirety by inmates of such hospital for the payment of expense of the confinement of such persons in State Hospitals for the Insane.
16-54 Apr 26 HOUSE BILL NO. 369.
TRAILER CAMPS.
SALES TAX.
House Bill No. 369 is not a part of the Missouri Sales Tax Law, and therefore exemptions to the application of the Missouri Sales Tax Law do not apply to House Bill No. 369. Further, that trailer space rented by educational institutions to its students or affiliated personnel, is not subject to the application of House Bill No. 369, since such space is not offered for rental to the public.
17-54 Feb 18 Hon. John R. Clark WITHDRAWN
18-54 Apr 30 BOARD OF ELECTION COMMISSIONERS. (Counties of 200,000 to 450,000 inhabitants); Procedure for acquisition of (1) Office furniture, equipment and supplies, (2) Election supplies, equipment and services, and, (3) Voting machines.
19-54 Mar 31 Hon. Noel Cox WITHDRAWN
19-54 Sept 20 Hon. Frank D. Connett, Jr. WITHDRAWN
20-54 Mar 11 SANITY HEARINGS.
SHERIFF.
The prosecuting attorney of a county may represent the sheriff of the county at a sanity hearing in which the sheriff was the informant; state is an interested party in a sanity hearing because the public at large may suffer in person or property from the dangerous vagaries of the individual alleged to be of unsound mind, and because such person by a dissipation of his property may become a charge upon the public purse.
20-54 Nov 18 INSANE PERSONS.
CONVICTS.
PAROLE.
Superintendent of the state hospital in which an insane person is incarcerated pursuant to an order of the Governor suspending his sentence because of such insanity has no power to return him to the custody of the prison officials absent an order to that effect from the Governor.
21-54 Jan 11 Hon. Bill Davenport WITHDRAWN
21-54 Mar 19 MISSOURI STATE HIGHWAY COMMISSION.
STATE HIGHWAYS.
Missouri State Highway Commission has sole discretion in the location of state highways and may exact from political subdivisions contributions for the purchase of right-of-way therefor.
21-54 July 8 COUNTIES.
PARKS.
County court has no authority to make donation to city for park use in absence of joint cooperative agreement.
21-54 Dec 21 SCHOOL DISTRICTS.
TAXATION.
PERSONAL PROPERTY.
Tangible personal property of an individual should be assessed to the benefit of the school district wherein the owner of the property resided, even though such property itself be located in another school district within the same county.
22-54 Mar 12 SHERIFFS.
FEES.
THIRD CLASS COUNTIES.
The sheriff of a third class county is not required to make a verified report to the county court of his fees received in civil cases.
22-54 June 18 Hon. Robert A. Dempster WITHDRAWN
22-54 July 19 ELECTIONS.
VACANCY.
COUNTY POLITICAL COMMITTEE.
When a vacancy by reason of death or withdrawal in the candidates for election for township committeeman or committeewoman occurs after the last day for filing for such position and before the day of election, the county political committee is not authorized to fill such vacancy.
24-54 Jan 11 Hon. Michael J. Doherty WITHDRAWN
24-54 Jan 12 APPROPRIATIONS. Purposes for which appropriation of one million dollars made in Section 5.150, Appropriation Laws 1953-55 may be disbursed.
24-54 Feb 1 CIVIL DEFENSE. A county may properly expend funds for the salary and mileage of a civil defense director; it would be improper to employ civil defense director and have him designated as a deputy sheriff although he performs none of the civil or criminal functions of the deputy sheriff.
24-54 Mar 25 Hon. John E. Downs WITHDRAWN
24-54 Apr 26 TAXATION.
CORPORATIONS.
Corporations organized under Chapter 351, RSMo 1949, engaged in operating telephone exchanges subject to original assessment by Missouri State Tax Commission.
24-54 May 13 Hon. Michael J. Doherty WITHDRAWN
24-54 May 20 COUNTY COURTS.
SECOND CLASS COUNTIES.
PURCHASES.
The county court of Buchanan county may purchase directly from Platte county, without asking for bids, an iron bridge to be used as a part of the road building program in Buchanan county. The county court of Buchanan county may, without asking for bids, purchase surplus government equipment for use in its road building.
24-54 June 8 DOUBLE JEOPARDY.
FORMER JEOPARDY.
LIQUOR SUPERVISOR.
CRIMINAL LAW.
A hearing by the supervisor of Liquor Control to suspend or revoke a liquor license does not place the licensee in jeopardy of being deprived of his life or liberty; within the meaning of Article I, Section 19, Constitution of Missouri, 1945, and Section 556.240 RSMo 1949, and, therefore, said hearing is not a bar to subsequent criminal prosecution for the same act in violation of the liquor control laws.
24-54 July 14 SHERIFFS. Sheriff in second class county should charge ten cents per mile for services in criminal and civil proceedings.
24-54 Aug 2 Hon. John E. Downs WITHDRAWN
24-54 Aug 10 CITIES.
CONTRACTS.
PUBLIC POLICY.
WELFARE BOARD.
A member of the common council of the City of St. Joseph may accept payment from the Social Welfare Board of Buchanan County for transportation of a patient to a hospital at the request of said board.
24-54 Aug 18 BOARD OF ELECTION COMMISSIONERS.
ELECTIONS.
HOLIDAYS.
VOTERS.
REGISTRATION.
Office of the Board of Election Commissioners for the City of St. Louis may be opened for registration of voters on Sept. 6, 1954, even though that day is a legal holiday. Registrations for an election to be held in the City of St. Louis on Sept. 30, 1954, must be closed at 5 o’clock on Sept. 6, 1954.
24-54 Aug 20 STATE PARK BOARD.
EMINENT DOMAIN.
Missouri State Park Board authorized to condemn land in Adair County, Missouri.
24-54 Aug 30 DEPARTMENT OF CORRECTIONS.
PUBLIC BUILDINGS.
(1) The Department of Corrections, with the approval of the Board of Public Buildings, has the authority to determine that a particular building used by such department and which is no longer useful, shall be razed. (2) Director of Department of Corrections, with approval of the Governor, has authority to determine type of buildings to be erected for the use of the Department of Corrections. (3) Contracts for the razing and construction of buildings for Department of Corrections are subject to the approval of the Director of Public Buildings.
24-54 Oct 22 ELECTIONS.
CHALLENGERS.
WATCHERS.
POLITICAL PARTIES.
Mr. Paul W. Preisler, candidate for Representative in Congress from the Second Congressional District on the Nonpartisan ticket is not entitled to have challengers and watchers present at the polling places within said Congressional District; St. Louis City Nonpartisan Committee is not entitled to have challengers and watchers present at said polling places in the absence of a showing that said group is a political party within the meaning of Secs. 120.140 and 120.160, RSMo Cum. Supp. 1953.
24-54 Oct 29 ELECTIONS. Prohibition against “political activity” by members of and employees of St. Louis City Board of Election Commissioners is not violated by attendance at political meetings nor by voluntary contributions to political parties, provided that participation in such activity is limited to that extent.
24-54 Nov 10 Hon. Michael J. Doherty WITHDRAWN
24-54 Dec 7 SHERIFFS.
CONSTITUTIONAL LAW.
County sheriffs receiving a certificate of election under Section 57.010, RSMo 1949, must be commissioned by the Governor under Article IV, Section 5, Missouri Constitution of 1945.
26-54 Mar 27 CRIMINAL LAW. (1) “Intent” not essential element in prosecution for violation of statutory crime mentioned (2) Magistrate in county having less than 70,000 inhabitants may assess penalty in excess of $500.00 under Section 304.240, RSMo 1953, Cumulative Supplement.
27-54 Jan 15 ADJUTANT GENERAL’S OFFICE. Title to the above-described tract, located in the City of Marshall, Saline County, Missouri, as described in a corporation warranty deed dated December 4, 1953, is adequate, subject to no encumbrances, and vests in the State of Missouri, under local laws and ordinances, to the use for which the facility is intended, as of 1:00 p.m., December 10, 1953, subject to obtaining a certificate from the Clerk of the U. S. District Court wherein the said land is located, showing no pending suits, judgments, or other liens affecting the above described land.
27-54 Jan 15 ADJUTANT GENERAL’S OFFICE. The title to the real estate located in the city of Cape Girardeau, Missouri, as described in a warranty deed from the city of Cape Girardeau to the State of Missouri, dated November 24, 1952, is adequate, subject to no encumbrances and vests in the State of Missouri, under local laws and ordinances, to the use for which the facility is intended, as of 8:00 a.m. November 25, 1953, subject to a certificate from the Clerk of the United States District Court wherein said land is located, showing no pending suits, proceedings, judgments or other liens affecting the above described land.
27-54 May 24 COUNTY ROADS.
PRESCRIPTION.
A road which has been in continuous use for over forty years and upon which public money and labor have been spent in such amount as to keep the road passable, is a legally established public road although it was not established by order of the county court. Such a road is confined to that portion actually used as a road bed.
27-54 Oct 22 LOTTERY. An operation whereby an automobile dealer gives a prize to the person who supplies the largest number of prospective purchasers who actually purchase an automobile does not contain the element of chance and is therefore not a lottery.
31-54 Feb 5 RECORDERS.
THIRD CLASS COUNTIES.
If the recorder of a third class county does not earn the sum of $4,000.00 in fees in 1953, he is not entitled to the total sum, or to any portion of the sum, of $750.00, provided in Section 59.250 S. B. 42 of the 67th General Assembly.
31-54 Mar 19 INHERITANCE TAX. Method of computing Missouri Inheritance Tax on trust estates.
31-54 Apr 26 COUNTY DEPOSITARY.
COUNTY FUNDS.
Accounts maintained by the county treasurer and ex-officio collector in a different capacity and right are insured up to $10,000 by the FDIC; county court should select new depositary where depositary fails to qualify; selection not necessarily limited to banks within this state.
31-54 June 23 OLD AGE ASSISTANCE.
SOCIAL SECURITY COMMISSION.
The ownership of saleable real estate whose value is in excess of $500, which real estate is not lived on by the owner, constitutes an available resource as that word is used in paragraph 5 of Section 208.010 RSMo Cumulative supplement 1953, and would render its owner ineligible for old age assistance.
31-54 July 21 CRIMINAL LAW. Nine questions regarding criminal procedure.
31-54 Oct 15 Hon. W. C. Frank WITHDRAWN
32-54 May 28 CONSERVATION COMMISSION.
WILDLIFE.
Conservation commission is authorized to require permit from dealers selling fish lawfully acquired in foreign state.
32-54 Sept 8 Hon. Edward W. Garnholz WITHDRAWN
32-54 Dec 31 INSURANCE.
BROKERS.
Sec. 379.350 RSMo 1949 prohibiting rebating is applicable to insurance brokers licensed under Sec. 375.270 RSMo 1949, and penalty provisions of Sec. 379.410 RSMo 1949 are applicable.
33-54 Mar 17 BANKS.
TRUST COMPANIES.
SAFE DEPOSIT COMPANIES.
WAIVERS.
INHERITANCE TAXES.
Bank or other institution having deposits or other assets in joint names of deceased person and another must give ten day’s notice of intention to transfer; transfer must have consent of Director of Revenue and Attorney General unless institution retains amount for taxes. Same rule applies to contents of safety deposit boxes; not applicable when estate not subject to inheritance taxes.
33-54 Apr 7 HOSPITALS.
COUNTY HOSPITALS.
SOCIAL SECURITY.
Employer’s contribution for county hospital employees for social security paid out of hospital tax money, or 5% of general revenue appropriated for hospital purposes by county court.
34-54 Jan 21 STATUTORY CONSTRUCTION.
RULE 29.01, SUPREME COURT RULES OF CRIMINAL PROCEDURE.
SECTION 485.120 LAWS OF 1951.
Fee of official court reporter of circuit court for transcripts made by him from notes taken of court proceedings had under provisions of Rule 29.01, Supreme Court Rules of Criminal Procedure, cannot be taxed as costs of the case. Only in those circuit court cases which are contested, and those in which the testimony is to be preserved shall the circuit clerk tax the $5.00 fee prescribed by Section 185.120 RSMo. 1949, as costs of the case. When collected, the clerk shall pay said fee into the county or city treasury.
34-54 Mar 16 SAVINGS AND LOAN ASSOCIATION. Construction of Section 369.360 MoRS Cum. Supp. 1953, with respect to making loans in three specific instances.
34-54 Oct 29 SAVINGS AND LOAN SUPERVISION. Savings and loan associations cannot invest their funds in such first mortgage building bonds to be used in constructing a building in Jefferson City, Missouri.
35-54 Jan 11 ELECTIONS.
COUNTY COURTS.
County court of Greene County has exclusive jurisdiction to establish boundaries of election precincts for general, primary and special elections.
35-54 Jan 11 STATE PARK BOARD. The State Auditor is the only one authorized to prescribe the system of bookkeeping and accountancy for State Park Board. The State Park Board has no authority to contract with a firm of accountants to make an audit of the state parks.
35-54 Apr 19 APPOINTMENT OF ATTORNEY.
PRELIMINARY HEARING.
There is no obligation upon the part of a magistrate to appoint an attorney on behalf of an indigent defendant for a preliminary hearing on a felony charge.
35-54 May 14 STATE PARKS. No law exists to prohibit the sale of merchandise with the name of a state park inscribed thereon.
35-54 May 20 ITINERANT VENDORS.
AUCTIONEERS.
An itinerant vendor within the meaning of Section 150.380 et seq. who is selling his wares at public auction and is actually crying the sale must be licensed both as itinerant vendor and as a public auctioneer.
35-54 June 3 STATE PARK BOARD. State Park Board does not have power to transfer State Park to Missouri Conservation Commission.
35-54 July 16 COUNTY TREASURER.
COUNTY FUNDS.
CANDIDATE’S FILING FEE.
(1) County treasurer should not commingle public and personal funds in same bank account (2) payment of candidate’s filing fee by check drawn on county depositary is valid.
35-54 July 29 ASSESSORS. Real estate and tangible personal property assessed to one person to be reported to the Department of Revenue in separate entries.
35-54 Sept 22 FEMALE EMPLOYEES. Section 290.040, RSMo 1949, is applicable to female employees working in what is in fact either a “restaurant,” “laundry” or “snack shop.”
35-54 Oct 15 Hon. Douglas W. Greene WITHDRAWN
35-54 Nov 19 CHILDREN.
COURTS.
CONTEMPT.
NEGLECTED CHILDREN.
SHERIFFS.
Circuit Courts in counties of 3rd and 4th classes, said counties having populations of less than 50,000, have the power to make orders touching upon the custody of neglected children, and the power to direct the sheriff to take physical custody of such children for the purpose of carrying out such orders of the court; and the sheriff or any other person willfully or knowingly disobeying such an order may be found to be in contempt of the court.
37-54 Feb 15 DEPARTMENT OF CORRECTIONS.
PENAL INSTITUTIONS.
PERSONNEL OFFICERS.
PUBLIC OFFICERS.
Department of Corrections of the State of Missouri may, within its discretion, establish a bureau of personnel pursuant to Section 216.050, RSMo 1949, and said department may, within the limits of its appropriation for such purposes, employ such personnel as it considers necessary to discharge the functions of that bureau. It is within the discretion of the Department of Corrections whether to appoint a person to supervise said personnel bureau.
37-54 Mar 12 OFFICERS. Offices of mayor of fourth class city and county clerk of third class county are not incompatible and both may be held by same person at same time.
37-54 June 4 ELECTIONS. One who filed declaration of candidacy for nomination of state representative within time and manner prescribed by Section 120.340 RSMo 1949, but at time failed to present receipt or other evidence that fee required by Section 120.350 RSMo 1949 was previously paid to treasurer of county central committee of party upon whose ticket candidate is running, but on same day, subsequent to filing of declaration, fee is paid and no receipt obtained therefor, candidate has substantially complied with Sections 120.340 and 120.350 RSMo 1949, and his name must be printed upon official ballot.
37-54 June 25 Hon. Lane Harlan WITHDRAWN
37-54 Dec 14 CHIROPODY.
REVOCATION OF LICENSE.
Advertising by a person licensed to practice chiropody, in violation of the code of professional ethics promulgated by the state board of chiropody, is not sufficient basis for the revocation of the license.
37-54 Dec 17 COUNTIES.
CLASSIFICATION OF COUNTIES.
St. Clair County will become a third class county as of the beginning of the county fiscal year January 1, 1957.
37-54 Dec 31 CONSTITUTIONAL LAW.
CHIROPODISTS.
LICENSES.
PROFESSIONS.
A statute declaring that the violation by a chiropodist of the Code of Ethics of the Missouri Association of Chiropodists or the National Association of Chiropodists would constitute a ground for revocation or suspension of the violator’s license to practice chiropody in Missouri would be unconstitutional, and thus void.
38-54 Jan 11 CIRCUIT COURT.
COUNTY COURT.
JURISDICTION.
The County Court of Dallas County may, by proper order, designate some other building within the seat of justice of Dallas County as the place to hold circuit court, and that prior to holding court at such new place the sheriff should make proclamation of the new place of holding court.
38-54 July 16 Hon. Ellsworth Haymes WITHDRAWN
39-54 Mar 31 Hon. Rex A. Henson WITHDRAWN
39-54 Apr 26 COUNTY COURTS. No authority to hold persons writing libelous articles in newspapers concerning the county court and its members, in contempt of court.
39-54 June 17 PROSECUTING ATTORNEYS OF THIRD CLASS COUNTIES.
REPRESENTING PERSONAL CLIENT.
A prosecuting attorney of a third class county may represent a defendant in condemnation proceedings by a city of the third class.
39-54 July 27 Hon. George Henry WITHDRAWN
39-54 Sept 13 SCHOOL BOARDS.
STATUTE OF LIMITATIONS.
School boards do not have discretion to waive the defense of the statute of limitations.
39-54 Sept 30 SCHOOLS.
BONDS.
Failure of board of directors of a consolidated school district to act upon a petition to dissolve the district does not invalidate their subsequent official actions, including the calling and holding of an election for a bond issue. When notices calling for a bond election state that the purpose of the election is to obtain a loan to erect a school building at a particular place, that it is necessary that upon an affirmative vote the building be located at the place indicated in the notice.
40-54 Jan 14 COUNTY HEALTH CENTER.
STATE TAX COMMISSION.
TAXATION.
State Tax Commission will assess the distributable property of public utilities and apportion to each county its share thereof. This assessment is the assessment upon which a tax levy upon said property, for support of a county health center must be based.
40-54 May 10 TAXATION AND REVENUE.
CEMETERIES.
Real property owned by nonprofit cemetery association subject to taxation until dedicated to purposes of organization.
40-54 July 15 PLANNING AND ZONING.
CLASS THREE COUNTIES.
MEMBERSHIP.
A resident of Farley, Missouri, an incorporated town, is disqualified to act as a member or to perform service on the Platte County Zoning Commission.
40-54 Oct 5 COUNTY COURT.
ZONING COMMISSION.
PUBLIC HEARINGS.
Chapter 64, RSMo 1953 Cumulative Supplement requires a public hearing to be held in each township to be affected by any amendment to any zoning order, regulation etc., thereunder.
41-54 July 8 Hon. J. W. Hobbs, Secretary WITHDRAWN
41-54 July 14 COUNTY TREASURERS.
SCHOOL DISTRICTS.
BOARD OF EDUCATION.
SCHOOL MONEY.
(1) A school board is under an obligation to certify a levy within the limits of its authority to discharge the district’s obligations or bonds issued by the school district. (2) The board of education of a school district may not issue a warrant if there be insufficient money in the proper fund for the payment of said warrant unless it can be reasonably anticipated that there will be sufficient income during that school year to pay the warrant. (3) It is not permissible for the county treasurer to pay warrants drawn upon the sinking fund and interest fund from the moneys collected and placed in the incidental fund.
41-54 July 19 OFFICERS.
STATE AUDITOR’S DUTY IN APPROVING DEPOSITARIES FOR STATE FUNDS.
State Auditor’s duty in giving approval of depositaries for state funds, selected by State Treasurer under Sec. 30.240, RSMo 1949, requires previous personal investigation or facts, exercise of judgment and discretion, and cannot be delegated to Auditor’s chief clerk. After Auditor has investigated facts, exercised personal discretion and judgment, he may delegate duty of affixing his signature to written instrument evidencing his approval, to chief clerk.
41-54 Aug 11 REAL ESTATE COMMISSION.
EXAMINATIONS.
Missouri Real Estate Commission may designate suitable persons to distribute examination papers and supervise the taking of written examinations by applicants for real estate salesman license; said examination having been prepared, and to be graded, by the said Commission.
42-54 Apr 14 CRIMINAL LAW.
MAGISTRATE COURTS.
Form of recognizance of defendant for appearance at trial.
42-54 Aug 20 ELECTIONS.
CLAY COUNTY BOARD OF ELECTION COMMISSIONERS.
A circuit court may not order a board of election commissioners to register or reinstate an elector, unless said appeal to the circuit court is taken within two days after the elector has been denied registration or his name has been stricken from the register by said board, but no time is fixed within which the circuit court is required to make its order to the board; no provision is made by law whereby a tie vote by the members of the election board may be decided. In the case of a canvass of voters by mail the return of the postal card sent out may be made in any manner which the elector sees fit to employ, including the return of the card to the board by a candidate in a pending election.
42-54 Dec 16 CLASSIFICATION OF COUNTIES.
COUNTIES.
Fourth class county which had an assessed valuation in excess of ten million dollars for each of the years 1949, 1950, 1951, 1952 and 1953 becomes a third class county at the beginning of the fiscal year January 1, 1955.
42-54 Dec 20 Hon. John Hosmer WITHDRAWN
43-54 Mar 26 PUBLIC ROADS.
COUNTY COURT.
ADMINISTRATIVE LAW.
APPEALS.
In proceeding before county court on petition to establish or vacate public road, county court required to cause stenographic record to be made of proceeding only on request and at expense of petitioner or remonstrater. Appeal from decisions of county court and scope of review governed by Sec. 22, Art. V, Const. Mo. 1945.
43-54 Apr 7 TAX LEVY.
COUNTY SUPERINTENDENT.
SCHOOL DISTRICTS.
A county superintendent of schools cannot be compelled to submit more than one budget estimate to school districts within his jurisdiction, but can amend the budget; that no such authority is vested in the county board of education.
43-54 Oct 7 VOTING.
BALLOTS.
In voting upon two separate propositions regarding the restraint of animals over two different areas which are not identical, separate ballots should be used.
43-54 Nov 11 STOCK LAW.
ELECTIONS.
Proposition to invoke stock law by two or more townships, under Section 270.130 RSMo 1949, submitted at general election, requires vote of majority of voters in townships who vote at such general election to effect adoption. Mere majority of voters voting on the proposition is insufficient.
45-54 Jan 14 FEDERAL OLD SOLDIERS’ HOME. Board of Trustees of Federal Old Soldiers’ Home at St. James, Missouri, is not authorized under Section 212.130, RSMo. 1949, to require a pensioned resident-member of the Home to pay out his or her pension into the Federal Soldiers’ Home during the time of their membership in the Home.
45-54 May 20 Hon. O. R. Jacoby WITHDRAWN
45-54 Sept 14 COUNTY BOARD OF EQUALIZATION.
PROSECUTING ATTORNEY.
When a writ of certiorari is issued against a county board of equalization, it is part of the official duty of the prosecuting attorney of the county to represent the board in all subsequent legal proceedings relative to the issuance of the writ.
45-54 Nov 8 SCHOOLS.
LEVY OF TAX RATE.
The school board of a school district has no authority to call a special election to vote on fixing a rate of taxation in said district which is not provided for by statute.
46-54 Apr 19 ELECTIONS. Coleman R. Smith not a qualified voter of State of Missouri for two years prior to February 16, 1954, due to previous conviction of a felony and without having subsequently obtained “full pardon” as such term is used in Section 111.060, RSMo 1949.
46-54 Apr 29 Hon. Olin B. Johnson WITHDRAWN
46-54 Sept 22 COUNTY COURT.
INTOXICATING LIQUOR.
LIQUOR DEPARTMENT.
County court authorized to charge a license fee to holder of a set-up license where intoxicating beverages are consumed on premises covered by said license.
48-54 Nov 22 OLD AGE ASSISTANCE.
DIVISION OF WELFARE.
Determination of State Division of Welfare that an applicant for old age assistance is legally ineligible, if based upon evidence applicant was owner of insurance policy having cash surrendervalue of $600, being in excess of maximum allowed by Subsection 5, Sec. 208.010, Laws of 1953, p. 644, and Rule 14 of Division of Welfare is in accord with statute and rule and is proper.
48-54 Dec 14 INTOXICATING LIQUOR.
LICENSE.
A person may not manufacture intoxicating liquor for personal use in his home without obtaining the license and paying the fees required by Sections 311.180 or 311.190, RSMo 1949.
49-54 July 14 CHILDREN.
MISSOURI STATE HOSPITAL.
Illegitimate child born to inmate of Missouri State Hospital is resident of county from which mother was committed.
50-54 Sept 10 ELECTIONS.
ABSENTEE BALLOTS.
WHERE NOTARIZED.
Affidavits to absentee ballots may be taken by Notaries Public in the county for which the Notary is appointed and adjoining counties by the terms of Sec. 486.010, V.A.M.S. 1949, and are not confined to the office of a Notary taking such affidavits. A Notary Public cannot take his or her own affidavit to an absentee ballot if he or she is the absent voter.
51-54 Jan 11 COUNTY BUDGET.
ROAD AND BRIDGE.
POOR PERSONS.
1. Surplus money received by a county treasurer from farmer donations under the County Aid Road Fund Act may not be placed in the road and bridge fund of the county but should be distributed to farmer contributors in proportions of the amount donated.
2. County court may in its discretion under conditions herein stated provide mild entertainment for poor persons at county poor farm.
3. County court may transfer fund from Class 1, 2 and 4 into Class 5 prior to the end of the year under certain conditions.
51-54 Nov 23 MOTOR VEHICLES.
LICENSE FEES.
A person who is not a farmer may use a “local commercial motor vehicle” within the meaning of Section 301.010, et seq., to haul freight for hire so long as such activities are confined to a municipality and an area extending not more than twenty-five miles therefrom.
52-54 Jan 18 INSURANCE. Articles of Incorporation of The National Bellas Hess Life Insurance Company.
52-54 Jan 18 INSURANCE. Articles of Incorporation of New Empire Insurance Company.
52-54 Mar 15 INSURANCE. Section 376.360, RSMo 1949, relative to annual distribution of dividends on participating policies, applies to foreign life insurance companies licensed in Missouri.
52-54 Mar 24 INSURANCE. Articles of Incorporation of American Transportation Insurance Company.
52-54 June 8 INSURANCE. Certificate No. 63955 of The W. H. Irby Burial Association constitutes an insurance contract, and offering of the same in the state of Missouri without meeting the requirements of the Missouri Insurance Code is an offense under Section 375.310, RSMo 1949.
52-54 June 17 INSURANCE.
TAXATION.
Premium tax provided for in Section 148.340 RSMo 1949 is to be levied against foreign fraternal benefit societies which have reincorporated as legal reserve, level premium life insurance companies, only to the extent that the contracts remaining in force, or issued by such reincorporated companies, are devoid of assessment liability.
52-54 June 24 INSURANCE. Articles of Incorporation of Protective Casualty Insurance Company.
52-54 June 25 BOOKKEEPING SERVICE.
PUBLIC ACCOUNTANCY.
ACCOUNTANCY.
The preparation of a financial statement does not constitute the practice of public accountancy within the meaning of Section 326.010, RSMo 1949, so long as the statement is not represented as having been prepared by a public accountant.
52-54 July 9 INSURANCE. Amendment of Articles of Incorporation of American Automobile Insurance Company.
52-54 July 9 INSURANCE. Amendment to Articles of Incorporation of Missouri National Life Insurance Company.
52-54 July 15 INSURANCE. Articles of Incorporation of The Protective Life Insurance Company.
52-54 July 16 INSURANCE. Articles of Incorporation of Hospital and Medical Insurance Company.
52-54 July 21 INSURANCE. TV Picture Tube Guaranty No. 5001, not a contract of indemnity insurance so long as sold by seller or one servicing tubes guaranteed, but if TV Picture Tube Guaranty Co. does not service or sell tubes guaranteed, such company must be licensed as an insurance carrier.
52-54 Aug 9 INSURANCE. Current agreement forms, Nos. 9, 12 and 111 issued by United Development Co., Inc., a Missouri corporation, and Mount Lebanon Cemetery, effect a contact of insurance and may not be negotiated unless said corporation and association are licensed to conduct an insurance business in Missouri.
52-54 Sept 15 INSURANCE. Contract of Floral Hills Memorial Chapels, Inc. with Oliver F. Gregg, dated June 10, 1953, not an insurance contract. Persons negotiating such contracts not required to be licensed by superintendent of division of Insurance.
53-54 June 23 PUBLIC ROADS. A public road which has not been used by the public for a period of five years continuously becomes abandoned and ceases to have a legal existence.
54-54 Oct 8 BANKS.
LOAN LIMITS.
In a situation where two or more persons are partners in an enterprise, and carry a partnership account in a bank, but borrow no money in the partnership name, the individual borrowing of any of the partners is not to be taken into consideration in determining the loan limit from the bank of any other partner or partners.
56-54 Mar 11 TAXATION AND REVENUE. Tangible personal property of Missouri corporations to be assessed in county or counties where situated on the first day of January of each calendar year.
56-54 June 17 ELECTIONS.
PRIMARY ELECTIONS.
VOTERS.
A person voting in a primary election morally obligates himself to support the nominee of the primary in which he participates. However, this obligation cannot be enforced by any court of law.
56-54 June 17 CRIMINAL LAW.
HIGHWAYS.
A person who knowingly obstructs a public highway by parking a trailer, housing a business enterprise, upon the right of way is subject to prosecution under Section 229.150, RSMo 1949.
57-54 Jan 28 RECORDER OF DEEDS.
DEPUTY.
PUBLIC RECORDS.
Deputy recorder has no authority to record instruments after the death of the officeholder by whom he was appointed; such attempted recordation may not be given legal effect by a subsequent ratification of person appointed to fill the vacancy.
57-54 June 14 TAXATION.
COUNTIES.
County not liable for Federal Withholding Tax if withheld tax is not paid to county.
57-54 Dec 31 JUVENILE COURTS. Circuit clerk to perform clerical work arising in cases heard by juvenile court.
58-54 Feb 16 CONSTABLES.
ST. LOUIS COUNTY.
No authority exists for the election or the appointment of more than four constables in St. Louis County, regardless of the fact of the creation of five magistrate districts in St. Louis County.
58-54 Apr 26 CIVIL DEFENSE. Funds of the City of St. Louis deposited with the State Treasurer as trustee to be applied on a particular project application on civil defense and remaining unexpended on June 30, 1954, should be disbursed as directed by the proper authorized official of the City of St. Louis.
59-54 Jan 28 UNIVERSITY OF MISSOURI.
APPROPRIATIONS.
MEDICAL SCHOOL AT MISSOURI UNIVERSITY.
BOARD OF CURATORS.
Funds appropriated under Section 7.031, Laws of 1953, may be used to enlarge and improve existing power and heating plant owned and operated by and serving the University of Missouri in order to serve heat and power needs of the new Missouri University four-year medical and surgical school.
59-54 Mar 1 CRIMINAL PROCESS.
CUSTODY.
A person arrested without warrant may not be held beyond the twenty hour period unless charges are preferred against him by a person competent to testify against the accused, and a warrant issued. When such twenty hour period expires on Sunday, a magistrate may entertain charges filed by a person competent to testify against the accused, and issue such warrant.
59-54 Apr 30 WATER COURSE.
IRRIGATION.
A riparian owner of land abutting on a natural or artificial water course may take water therefrom for purposes of irrigation, and in such quantity as will not unnaturally, sensibly or materially affect the flow of the stream.
59-54 June 8 CRIMINAL PROCEDURE.
PRESENCE OF DEFENDANT.
Magistrate or circuit court may receive plea of, try, or pronounce sentence upon defendant in misdemeanor cases in absence of such defendant with consent of such court, and the prosecuting attorney.
60-54 May 20 CANCER HOSPITAL.
COUNTY COURT.
The certification by a county court of a patient to the State Cancer Hospital continues until the patient is cured, is no longer in need of treatment by the hospital, or otherwise discharged, pursuant to Section 200.090 RSMo 1949. If, however, during the course of the disease, the patient moves his residence from one county to another, such removal extinguishes the obligation of the original certifying county, and certification by the new county of residence should be obtained. If a patient, having been discharged, removes his residence to a county other than the county originally certifying him for treatment, said patient may not again be admitted for treatment until properly certified by his new county of residence.
62-54 Jan 11 PROSECUTING ATTORNEY.
COUNTY COURT.
Prosecuting Attorney may recommend compromise of claims against county; county court may effectuate a compromise of claims subject to valid dispute.
62-54 Mar 11 CENTRAL COMMITTEE.
POLITICAL PARTIES.
A vacancy occurring on the county central committee of any political party shall be filled by a majority of said committee.
62-54 May 6 SCHOOLS.
SCHOOL DISTRICTS.
ELECTIONS.
Sufficiency of petitions for change of boundary lines.
62-54 May 10 NEGLECTED CHILD.
STATE SCHOOL.
An illegitimate child, born to a woman inmate of the state school at Marshall, which inmate was committed from Marion County, is a legal resident of Marion County. If such child is found to be a “neglected child”, Marion County is liable for its support, if such child has not been admitted to guardianship, and the Division of Welfare may assist the county with child welfare funds. The juvenile court of Marion County having acquired jurisdiction of such child may commit such child to the guardianship of the Division of Welfare of the Department of Public Health and Welfare for the purpose of procuring foster or boarding-home care for such child.
62-54 Aug 11 SANITY PROCEEDINGS.
PROSECUTING ATTORNEY.
JUDGE AND CLERK OF PROBATE COURT.
It is not the duty of prosecuting attorney to prepare legal papers for sanity hearings for indigent insane person. Neither the probate judge or clerk should prepare legal papers in sanity hearings.
62-54 Nov 1 HEDGE FENCES. The term “hedge fence” as used in Sec. 229.110 means a fence composed of Osage Orange, and need not be one which is actually and presently used for fence purposes, but must be one intended or capable of being used for said purposes as distinguished from a voluntary, intermittent or irregular growth.
63-54 Feb 16 TOWNSHIPS. Township has no authority to use township machinery to do work for private individuals for hire.
63-54 Apr 1 SPECIAL ROAD DISTRICTS. A special road district may employ a private attorney and reimburse him out of its fund to represent the special road district in action brought to dissolve the district.
63-54 Apr 30 COUNTY COURTS.
BONDS.
A county court may agree at a stated consideration the cancellation of outstanding bonds prior to maturity date, where such agreement will result in substantial savings to the county in the nature of a waiver of future interest payments.
63-54 June 17 ALTERATION OF TOWNSHIP LINES. The county court of a county operating under township organization has the power to change a township boundary line upon the receipt of a petition signed by not less than one-fourth of the voters of the township or townships affected, which petition is followed by a vote in the township or townships affected, and which proposition for change is ratified by a majority of not less than two-thirds of the votes cast.
63-54 July 19 CANDIDATES.
ELECTIONS.
In a case where persons seeking nomination for a public office do not have similar names, it would be improper for one of these candidates to have the prefix “Attorney” or “Atty.” before his name on the ballot.
63-54 July 19 SCHOOL DISTRICTS.
ELECTIONS.
RESIDENTS.
VOTERS.
Destruction of county records by fire and subsequent drawing of supposed map by a former Judge of the County Court does not constitute a change of boundary lines of school district; a person who was a resident of an adjoining district before the fire and drafting of the map, is not made a resident of another district merely because the supposed map shows him to be a resident of such district. Since such person is not a resident of the district in question he is not a qualified voter at school elections held therein.
63-54 Sept 20 SCHOOLS.
TUITION.
School district not having a high school is liable for tuition, less fifty dollars, of student residing in said school district while attending high school in another district.
63-54 Oct 8 MOTOR VEHICLES.
MOTOR VEHICLE REGISTRATION RECIPROCITY.
Motor vehicle owned by Alabama corporation and used for commercial purposes or “for hire” hauling in Missouri must be registered in the State of Missouri.
63-54 Nov 19 LOTTERY.
GAMBLING.
A promotional scheme wherein the promoter in his effort to increase the sales of his product offers to give a cash prize to a portion of the purchasers of his product constitutes a lottery.
63-54 Dec 14 DIVISION OF RESOURCES AND DEVELOPMENT.
STATE MUSEUM.
Exhibits accepted for display in state museum to be retained or returned to owner in accordance with terms under which exhibit has been placed in state museum.
64-54 Jan 14 Hon. M. E. Morris WITHDRAWN
64-54 Feb 15 CORONERS.
DEATH CERTIFICATES.
HEALTH OFFICER.
VITAL STATISTICS.
In cases of death where there is no physician in attendance upon the death of the deceased person, and death is not such as to bring it within the jurisdiction of the coroner, the person in charge of interment may, during the incapacity of the local registrar to perform his duties, directly notify the local health officer, and said local health officer should complete the certificate of death, in accordance with Section 193.140, RSMo 1949.
64-54 Mar 31 OPERATORS’ LICENSE. Director of Revenue may not revoke operators’ licenses of persons found guilty of violating city ordinances.
64-54 Apr 20 TAXATION AND REVENUE. Wentworth Military Academy as presently organized is not exempt from the Missouri Sales Tax upon purchases made to or sales made by such organization.
64-54 July 9 LOTTERIES.
“JOKER” IS NOT A LOTTERY.
Machine called “Joker” having all outward appearances and method of operation similar to a slot machine, except “Joker” has no means by which money can be inserted or obtained therefrom, and all a successful player can win are free games; said machine is not a gaming device adapted, devised or designed for the purpose of playing any game of chance for money or property within the meaning of Section 563.370, RSMo Cum. Supp. 1953. Keeping device, or inducing others to play same is not a violation of the section.
64-54 Aug 9 TAXATION.
INHERITANCE TAX.
No Missouri inheritance tax due on insurance proceeds held in manner described.
64-54 Sept 9 MOTOR VEHICLE SAFETY RESPONSIBILITY.
CRIMINAL PROCEDURE.
EVIDENCE.
Certified copies of records of Motor Vehicle Safety Responsibility Unit have not been made “evidence” in criminal proceedings by virtue of statutory enactment.
64-54 Sept 22 MOTOR VEHICLES.
REVOCATION OR SUSPENSION OF DRIVER’S LICENSE.
The Director of Revenue does not have authority to revoke a motor vehicle driver’s license under Section 302.271, V.A.M.S. 1949, where such person has been convicted of careless driving only; or to suspend such driver’s license under Section 302.281, V.A.M.S. 1949, where such person has pleaded guilty or has been convicted of careless and reckless driving.
65-54 May 25 SPECIAL ROAD DISTRICTS. Last board of trustees of eight-mile special road district winds up affairs of district upon dissolution.
65-54 June 8 INCOME TAX.
INTANGIBLE PERSONAL PROPERTY TAX.
ST. LOUIS HOUSING AUTHORITY.
(1) Interest derived from bonds of St. Louis Housing Authority is subject to Missouri Income Tax.
(2) The bonds of the St. Louis Housing Authority are subject to the Missouri Intangible Personal Property Tax.
65-54 Dec 27 POLICE.
KANSAS CITY POLICE.
RESIDENCE.
QUALIFICATIONS FOR OFFICE.
OFFICERS.
Police commissioners or policemen of the City of Kansas City must reside within the city and residence within an area which the voters have voted to annex but which annexation has not become effective will not satisfy this requirement.
66-54 Feb 1 APPROPRIATIONS.
CONSTITUTION.
GENERAL ASSEMBLY.
ROADS.
TAXATION.
The General Assembly can create a special fund for the purpose of financing local roads, but such special fund would be subject to dissolution, and appropriation for other purposes, by succeeding General Assemblies.
66-54 Feb 1 Hon. Ralph B. Nevins WITHDRAWN
66-54 Mar 17 STATE PURCHASING AGENT. Purchasing agent does not have the duty to let contracts for the erection of state educational buildings.
66-54 Sept 7 ELECTIONS.
CANDIDATES.
POLITICAL PARTIES.
The name of Earl White should not appear on the ballot in the forthcoming General Election as a candidate for the office of Representative to the General Assembly from the Seventeenth District.
66-54 Nov 29 ACQUIREMENT OF LANDS UNDER CONSTITUTION. The power to acquire land is by the constitution of Missouri conferred upon the State Park Board; upon the Conservation Commission; upon the State Highway Commission for the purposes enumerated in subsection 3 of Section 30 of Article IV of the Constitution of Missouri; and upon any department authorized by the legislature for the purposes enumerated in Section 48 of Article III of the Constitution of Missouri.
66-54 Dec 14 STATE PURCHASING AGENT.
DIRECTOR OF PUBLIC BUILDINGS.
Contracts for labor and materials involved in the construction of appurtenances to buildings which involve engineering or mechanical skills should receive the approval of the director of public buildings.
67-54 Mar 11 MUNICIPALITIES.
TRAFFIC REGULATION.
OFF-STREET PARKING.
(1) Municipality of appropriate population may issue revenue bonds to provide off-street parking facilities without submitting proposition to vote of the electorate.
(2) Such bonds may not be retired from general revenue receipts of municipality.
68-54 Mar 1 COUNTY FARM BUREAUS.
TAXATION.
Counties of fourth class not authorized to levy tax for support and maintenance of county farm bureau subject to Sections 262.550 to 262.620, RSMo 1949, as amended.
68-54 Apr 19 OPTOMETRY.
OSTEOPATHS.
It is unlawful for an osteopath to advertise as a registered optometrist when not duly licensed by the State Board of Optometry to practice optometry in this State.
68-54 June 16 COUNTY COURT.
ASSESSOR.
It is mandatory duty of county court of fourth class county to furnish assessor of said county with office space, and if no space is available in county courthouse, then it must provide space somewhere else even to the extent of paying rent for an office for said assessor.
68-54 Dec 15 COMMERCIAL MOTOR VEHICLES.
RECIPROCITY BETWEEN FLORIDA AND MISSOURI.
A commercial motor vehicle registered and owned in the state of Florida, which loads material in St. Louis, Missouri, transports it to Louisiana, Missouri, where it is unloaded, must also be registered in Missouri.
69-54 Nov 15 Hon. James L. Paul WITHDRAWN
70-54 Feb 1 PROSECUTING ATTORNEY.
CIVIL ACTIONS.
COUNTIES.
1. An action instituted by a Prosecuting Attorney, ex officio, for the abatement of an obstruction across a county road is an action brought by the State; 2. Although such action is unsuccessful by reason of adverse judgment or a continuance at any state of the proceedings no costs can be collected from the State; 3. In such a situation the county in which the action was begun would not be liable for such costs.
70-54 Apr 1 MOTOR VEHICLE.
DRIVER’S LICENSE.
MUNICIPAL COURTS.
CIRCUIT COURTS.
DRUNKEN DRIVING.
RECKLESS DRIVING.
Circuit court cannot revoke, but may suspend, driver’s license for violation of city ordinance. Record of such conviction sent to Director of Revenue. Director cannot revoke license because of conviction of violation of ordinance, but can suspend if person is “habitual violator”.
70-54 Apr 26 ELECTIONS.
ELECTION PRECINCTS.
(1) County court has exclusive jurisdiction to establish boundaries of election precincts for general, primary and special elections. (2) Elector may vote at any established precinct within the township of his residence, if such elector reside outside corporate limits of municipality.
70-54 June 10 SCHOOL DISTRICT ELECTION.
ABSENTEE BALLOTS.
Section 7, of Article VIII, of the Constitution of Missouri, authorizes the Missouri Legislature to enact laws providing that absentee ballots may be cast in school elections. Also that the control of elections for directors in the first election held in a reorganized district is under the control of the county board of education; that all subsequent elections are under the control of the district board of education, and that these boards are the proper bodies to issue absentee ballots; also that absentee ballots should not be rendered in a school district election by the county superintendent of schools in any instance. When such ballots are issued by the county superintendent of schools, such issuance is improper but that it does not nullify such absentee ballots when they are properly cast, and that under such circumstances such absentee ballots should be counted, just as though they had been issued by the proper party.
70-54 June 24 PUBLIC NOTICES. Maximum rate for publication of public notices on behalf of state or county is ten cents per column line of two inches length, twelve lines per column inch, in the absence of law authorizing or requiring use of larger type, wider spacing of lines or incorporation of emblems.
70-54 July 16 Hon. Richard K. Phelps WITHDRAWN
70-54 July 29 ELECTIONS.
BALLOTS.
COUNTY CLERKS.
Neither county clerk nor election officials have authority to remove candidate’s name from primary election ballot once such ballot is finally printed. Notice of withdrawal of candidate received by county clerk too late to prevent candidate’s name from appearing on printed ballot is ineffective.
70-54 Aug 25 CITY.
BOARD OF CURATORS.
SEWER SYSTEM.
WATER SYSTEM.
UNIVERSITY OF MISSOURI.
ROLLA SCHOOL OF MINES AND METALLURGY.
The City of Columbia may exact a reasonable charge from The Curators of the University of Missouri for the use of the Columbia sewerage system by the University of Missouri, said city may refuse to permit the University to use the City’s sewerage system if reasonable charges made therefor are not paid. The foregoing is applicable to the City of Rolla and the School of Mines and Metallurgy.
70-54 Dec 1 COUNTY HOSPITAL TRUSTEES.
WHEN INDUCTED INTO OFFICE.
Newly elected County Hospital Trustees should qualify and take over their offices under the terms of Section 205.190, RSMo 1949, and should not wait until the first of January following, to take office.
71-54 Jan 22 PUBLIC OFFICERS.
NOTARIES PUBLIC.
(1). A public official, otherwise qualified, may be appointed and hold a Notary Public commission and use said commission for purposes outside the duties of the particular office;
(2). Prosecuting Attorneys in this state, if Notaries Public, may administer oaths to and take affidavits of complainants in criminal cases. However, to avoid complications it would be best not to do so.
71-54 Feb 18 SPECIAL ROAD DISTRICTS.
DISSOLUTION.
ORGANIZATION.
In order to form two special road districts out of one existing special road district, the existing district must be dissolved according to applicable law, and the two new districts organized out of the territory formerly comprised in the dissolved district.
71-54 Mar 16 REAL PROPERTY.
TAXATION.
Tracts of land omitted in previous years from assessment may be assessed when discovered, and the assessment of land or lots in numerical order or by plats in a land list in alphabetical order, shall be a sufficient assessment. However, no land can be sold for delinquent taxes under the Jones-Munger procedure for tax sales unless the notice of sale contains the names of all record owners or the names of all owners appearing on the land tax book. Therefore, it appears necessary in the situation presented by this opinion request that the owner(s) of record of the land in question must be determined before a sale for delinquent taxes can be had.
71-54 May 5 OFFICERS.
ARE CIVILLY LIABLE FOR DAMAGES WHEN SIGNING COMPLAINTS FOR ISSUANCE OF CRIMINAL WARRANTS, WHEN.
A sheriff, or member of State Highway Patrol signing complaint for criminal warrant does so in individual and not in official capacity. If prosecution based on complaint terminates favorably to accused, who sues complainant in civil action for damages, latter has same legal rights in defending as any other citizen under same conditions. If he successfully alleges and proves that at the time complaint was signed he had probable cause to believe, and did believe, that the crime alleged was committed, and was committed by accused, this is a valid and complete defense and will render him immune from civil liability for damages in such action.
71-54 Sept 8 FOOD AND DRUGS.
MEAT.
WHEN OWNER MAY LEGALLY SELL MEAT FROM HOME BUTCHERED LIVESTOCK.
One who butchers and sells meat from own livestock in grocery store in incorporated city may legally do so; a farmer may legally sell meat from his livestock directly to the grocery store or meat market.
71-54 Nov 15 AGRICULTURE. The Commissioner of Agriculture, his agents or licensed A and C graders do not have the authority to destroy, by dumping, illegal cream.
71-54 Nov 30 Hon. W. H. Pinnell WITHDRAWN
72-54 Jan 11 MOTOR VEHICLES.
POLICE DEPARTMENTS.
1) Members of Police Departments of this State must produce satisfactory evidence of financial responsibility under the new Motor Vehicle Safety Responsibility Law of this State when involved in an accident. 2) Individual members of the Police Department of cities in this State while driving department automobiles are personally, legally liable for negligence involving other persons and property.
72-54 Jan 22 ELECTION COMMISSIONERS.
OFFICERS.
A president or vice-president of the Missouri Federation, Women’s Democratic Club is not disqualified from holding the post of election commissioner of Clay County, Missouri by reason of holding such office in said club.
72-54 Feb 16 PUBLIC LIBRARIES.
SECOND CLASS CITIES.
STATE AID.
TAXATION.
Sections 93.435 and 182.140, RSMo 1949, empower a city of the second class to levy a library tax according to procedure of each section and that former section does not supersede latter, as both are in effect. A second class city, in order for its public library to be qualified for state aid authorized by Par. 2, 181.060 RSMo 1949, must levy a library tax under the provisions of either or both Sections 93.435 and 182.140 RSMo 1949. The tax rate must be equal to at least one half maximum provided by both Sections, or tax income must equal one dollar per capita for previous year according to publication of latest federal census.
72-54 Mar 25 DISMISSAL OF AN APPEAL. It is the opinion of this department that a person who has been convicted of a misdemeanor in magistrate court and who has perfected an appeal to the circuit court, may dismiss his appeal, after which the judgment of the magistrate court is reinstated and becomes of full force and effect.
72-54 Apr 26 Hon. Paxton P. Price WITHDRAWN
72-54 May 5 Hon. Paxton P. Price WITHDRAWN
72-54 June 17 ST. LOUIS POLICE. Board of Police Commissioners of the City of St. Louis has no power to increase the compensation of commissioned personnel of the St. Louis Police Department; nor does it have the power to pay to such personnel a “cost of living” bonus.
72-54 July 28 Mr. Paxton P. Price WITHDRAWN
72-54 Oct 8 VETERANS.
TAXATION.
A motor vehicle owned by a veteran, who is a legal resident of Missouri, is subject to taxation although $1600.00 of the purchase price of the motor vehicle was supplied by the administration of veterans’ affairs.
72-54 Nov 22 COUNTY.
STATE AUDITOR.
County’s classification changes if assessed valuation requirements are met although the State Auditor does not formally notify the county of such fact. The State Auditor may notify the county beyond the thirty-day period prescribed by Sec. 48.040, RSMo 1949, of changing classification.
72-54 Dec 27 CRIMINAL SEXUAL PSYCHOPATHS.
STATE HOSPITALS.
MAGISTRATE COURTS.
JURISDICTION OF MAGISTRATE COURTS.
Magistrate courts have jurisdiction to proceed against one properly charged before such court with the commission of a crime under the Criminal Sexual Psychopath Act, and to commit such person to the State Hospital at Fulton, Missouri pursuant to said Act.
73-54 May 5 STATE HOSPITALS.
APPROPRIATIONS.
The expense of a survey of the 5 State Mental Hospitals by the Central Inspection Board of the American Psychiatric Association is not comprehended within “ordinary and necessary operating expenses” or “ordinary and necessary expenses” within the meaning of the appropriations for “operations” contained in House Bill No. 383, 67th General Assembly.
73-54 July 26 SPECIAL ROAD DISTRICT.
ROAD AND BRIDGE TAX.
A law which requires that a portion of the money produced by the levying of a tax under authority of the first sentence of Section l2(a) of Article X, of the Constitution of Missouri, 1945, be paid over in whole or in part to a special road district, in proportion to the amount of money produced by tax of the property within such special road district, is constitutional.
73-54 July 30 DEPARTMENT OF PUBLIC HEALTH AND WELFARE.
DIVISION OF MENTAL DISEASES.
TRANSPORTATION CHARGES OF STATE PATIENTS.
Counties of residence of state patients at Missouri State School are not liable for transportation costs incurred in treatment.
73-54 Nov 29 PERSONNEL.
MERIT SYSTEM.
STATE HOSPITAL.
SUPERINTENDENT OF STATE HOSPITAL. STATE EMPLOYEES.
EMPLOYEES.
Superintendent of state hospital may accept other employment if such employment does not conflict with his position as superintendent.
73-54 Dec 6 ADMINISTRATIVE LAW.
BARBERS.
RULES AND REGULATIONS.
Barber Board does not have power to prescribe rule limiting period of time within which the eighteen-month apprenticeship must be spent.
75-54 May 12 LICENSE.
PHARMACY.
TAXATION.
The ten dollar fee required for the issuance of a permit to engage in the pharmacy business by Section 338.220 RSMo, Cumulative Supp. 1953, is not a tax and must be paid by a purely charitable organization engaging in the pharmacy business.
75-54 May 24 CONSTITUTION.
BOARD OF PHARMACY.
CRIMINAL LAW.
Section 338.260 RSMo, Cumulative Supp., 1953, can be enforced.
75-54 Dec 29 CIRCUIT JUDGES. A circuit judge may accept an appointment as arbitrator between private interests, and he may accept compensation therefor, so long as the acceptance of such position does not interfere with the proper discharge of his duties as circuit judge.
76-54 July 28 ELECTIONS.
BALLOTS.
COUNTY CLERKS.
Withdrawal of candidate who has filed declaration of candidacy need not be acknowledged to be effective. Valid withdrawal cannot subsequently be withdrawn. Such person’s name should not appear on ballot.
76-54 Aug 30 INSURANCE. Foreign insurance companies operating in Missouri under Missouri’s stipulated premium plan law, Sections 377.200 to 377.460, RSMo 1949, are not subject to Missouri’s corporation franchise tax levied under Section 147.010, RSMo 1949. Missouri corporations organized and operating under said stipulated premium plan law are subject to said franchise tax unless they accept the provisions of Missouri’s regular life insurance company law found at Sections 376.010 to 376.670, RSMo 1949.
77-54 Feb 19 SCHOOLS.
SCHOOL DISTRICTS.
The sale of a school building by the board of education of a reorganized school district without having advertised the same in accordance with Section 165.370, RSMo. 1949, is invalid.
77-54 May 26 Hon. L. A. Rosner, D.V.M. WITHDRAWN
77-54 July 14 AGRICULTURE.
COMMUNITY SALES LAW.
Application of the Missouri Community Sales Law to stated transactions.
77-54 July 21 AGRICULTURE.
STATE VETERINARIAN.
VETERINARIAN.
If a person employed by a serum company receives in fact compensation for the administration of anti-hog cholera serum—virus and/or vaccines to swine, as distinguished from compensation for the sale thereof, he would be practicing “veterinary medicine” and required to procure a license under the provisions of Chapter 340, RSMo Cumulative Supp., 1953.
77-54 Oct 13 VETERINARIANS.
LICENSE.
An applicant for a nongraduate license under Section 340.040, Missouri Revised Statutes Cumulative Supplement, 1953, cannot be refused a license solely by reason of having been convicted.
77-54 Dec 27 Hon. J. A. Rouveyrol WITHDRAWN
78-54 Feb 1 COUNTY COURT.
ASSESSOR.
County Court in counties of third class may not employ clerical and stenographic personnel for the office of assessor other than is provided in Section 53.095, V.A.M.S.
78-54 Feb 3 COUNTY.
ROADS AND BRIDGES.
County court unauthorized to bring a civil action to determine if the road in question is a public road. Prosecuting Attorney, if satisfied that it is a public road, may bring suit to abate the obstruction across said road as a nuisance.
78-54 Feb 27 BARBERSHOPS.
CLOSING WEEKDAY.
The St. Joseph common council has no power to enact an ordinance prohibiting the opening of barbershops on a weekday (i.e., a day other than Sunday).
78-54 May 7 COUNTY HEALTH CENTER. Salary of dentists employed at county health center for treatment of indigent persons to be paid out of funds of such health center.
78-54 June 8 CORPORATIONS.
CRIMINAL LAW.
LIQUOR CONTROL.
A person (and his barmaids) selling intoxicating liquor other than malt liquor, such person holding only a malt liquor license, should be charged with violation of Section 311.270 RSMo 1949, rather than 311.550 RSMo 1949. The malt liquor license of a corporation will not be automatically revoked under the provisions of Section 311.720 RSMo 1949, unless said corporation shall have been convicted of violating the provisions of Chapter 311, RSMo 1949. Service of process in a criminal action against a corporation is by a summons, said summons to be served in the manner provided for service on a corporation in a civil action.
78-54 June 17 PUBLIC HEALTH AND WELFARE.
WOMEN.
TAXATION.
EQUITABLE CONVERSION.
The names of the owners of real estate, if known, should be placed in the real estate book, and that vendees under a contract of sale of real property may be the owners to be listed in the real estate book if the provisions of the contract are such as to invoke the doctrine of equitable conversion.
79-54 July 28 MAGISTRATE COURT.
MISDEMEANORS.
Opportunity and time to consult with friend or attorney must be given in Magistrate Court to person charged with misdemeanor at time of arraignment. Defendant may waive such right if continuance granted for such purpose and defendant cannot make bail should be committed to jail.
79-54 Oct 7 SCHOOL DISTRICTS.
COUNTY CLERK.
COUNTY ASSESSOR.
Duties of county clerk and county assessor respective when boundary line between school districts is in dispute.
81-54 Feb 15 BOUNTIES. There is no statute in this State authorizing County Courts of any county of any class in this State to set and pay out of the county treasury bounties on foxes or fox puppies.
81-54 Apr 7 COUNTY ASSESSORS.
VACANCIES.
County assessor elected at 1952 general election served until death in December 1953. Governor subsequently appointed one to fill vacancy under authority of Sections 53.010 and 105.030, RSMo 1949, and appointee could not serve full unexpired term of deceased. Successor must be elected for unexpired term at general election in 1954, but such term will not begin until September 1, 1955.
81-54 Apr 30 ANIMALS.
STOCK LAW.
Cattle may be allowed to run at large in a township which has not voted to enforce the provisions of Chapter 270 concerning the restraint of animals from running at large, even though the owner of said cattle may be a resident of another township which has voted to enforce the law restraining animals from running at large.
81-54 Apr 30 CIRCUIT CLERKS.
FEES.
Change of venue fee paid in to the county treasury under Section 508.230, RSMo 1949.
81-54 May 20 RESERVE MILITARY FORCE.
SKELETAL BASIS.
The State of Missouri may organize and maintain and pay the expenses of such maintenance of a cadre reserve military force without the consent of Congress or authorization by the Federal Government.
81-54 June 14 SCHOOLS.
SCHOOL FUNDS.
SCHOOL BUS TRANSPORTATION.
Children may not be transported to private schools at the expense of the public school district.
81-54 Sept 28 CHILDREN.
PUPILS.
SCHOOL DISTRICTS.
TUITION.
A child having a temporary or permanent home in a school district, said child being unable to pay his tuition, and whose parents do not contribute to his support, is entitled to attend the schools of that district without payment of tuition.
81-54 Oct 15 STOCK LAW.
FOREST CROP LANDS.
In a township or county in which it is lawful for domestic animals to run at large, a person who wishes to keep such animals off of his premises must fence against them.
81-54 Dec 1 Hon. D. W. Sherman, Jr. WITHDRAWN
82-54 June 14 ELECTIONS.
VOTING.
WAGES.
Employee whose working day ends at 4:30 P.M. is entitled to full day’s pay when employer dismisses him from work 3:30 P.M. election day.
84-54 June 1 CITIES, TOWNS AND VILLAGES.
LICENSE.
MERCHANTS.
City of third class does not have power to exact license fee from nurseryman.
84-54 Oct 22 NAVIGABLE RIVERS—OWNERSHIP OF SAND AND GRAVEL IN THE BEDS OF SUCH RIVERS. 1) The Osage River in Missouri is a navigable stream; 2) Miller County is the owner of the deposits of sand and gravel in the bed of the Osage River in said county as parts of islands formed in navigable waters of this State, and holds the same for school purposes; 3) The county may sell such property for school purposes.
86-54 Mar 16 MISSOURI STATE SCHOOL. Division of Mental Diseases having established a location at Higginsville, Missouri, as a unit of the Missouri State School in pursuance of Section 202.590, RSMO 1949, it is the opinion of this office that the money appropriated for the use of the Missouri State School for “erection of a building or buildings suitable for housing 500 additional patients and equipment for such buildings” may be used to erect such building or buildings at the Higginsville, Missouri, location.
86-54 July 26 TAXES. 1) The County Collector is empowered under Section 140.150, et seq., RSMo 1949, (Jones-Munger Act) to sell a leasehold interest in land and a building located thereon assessed separately from the fee and against the lessee; 2) The conveyance authorized by Section 140.420, RSMo 1949, should be in the usual form describing the lessee’s interest in the land and the building; 3) It would not be proper to assess said leasehold and building to the owner of the fee and the lessee jointly.
86-54 Sept 29 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL FUNDS.
Funds derived from school lunch program and from school athletic and dramatic funds are school district monies which must be disbursed in accordance with Sec. 165.110, MoRS, Cum. Supp., 1953. If school board uses district funds in purchasing sale of candy and soda, such funds must also be disbursed in the same manner.
86-54 Oct 29 TAXATION AND REVENUE.
TOWNSHIPS.
Township entitled to taxes derived from imposition of township levy on real and personal property located therein according to general law.
87-54 Mar 4 CIRCUIT COURTS.
GRAND JURIES.
WHEN CONVENED.
Section 540.020 RSMo 1949, providing that grand jury be convened upon order of judge of court of record having jurisdiction of felonies is directory rather than mandatory. Does not require grand jury convened at least once during certain period of time. Calling of grand jury discretionary with judge, who may order same convened at such times as he deems necessary.
87-54 Aug 16 Hon. J. C. Sullivan WITHDRAWN
87-54 Oct 13 COUNTIES.
COUNTY COURT.
COUNTY TREASURER.
Payment of warrant by county treasurer for services of an attorney representing individual members of the county court in contempt proceedings and habeas corpus proceedings, invalid.
88-54 Jan 28 CORONERS. Coroner in City of St. Louis as such has no authority to order the arrest or detention of persons suspected of complicity in crime causing death by violence or of a material witness thereto, prior to the holding of inquest.
88-54 Feb 2 CORONERS.
DEAD BODIES.
ANATOMICAL BOARD.
Specimens of human bodies collected by previous coroners of the City of St. Louis should be disposed of in accordance with the provisions of Chapter 194.120, et seq., RSMo 1949.
88-54 Mar 2 Hon. Stewart E. Tatum WITHDRAWN
88-54 Nov 5 SHERIFFS. Mileage to be allowed sheriff of Jasper County for transportation of prisoners between Joplin and Carthage.
88-54 Dec 28 SCHOOL DISTRICTS.
TAXATION.
MANUFACTURER’S TAX.
PERSONAL PROPERTY TAX.
Tangible personal property of manufacturing corporations subject to taxation, should be assessed in the school district in which the property is located.
89-54 Jan 11 INHERITANCE TAXES.
PROBATE COURT TO DETERMINE WHEN ESTATE SUBJECT TO.
Under Sections l45.l50, RSMo. l949, in every instance when administration proceedings are pending in probate court having jurisdiction thereof, immediately upon filing of inventory and appraisement, if in court’s opinion estate is not subject to inheritance tax, it is mandatory duty of court to enter such finding and opinion in the records of said court. If estate appears subject to tax, the court shall set a day for hearing and determination of tax. Before such hearing, the court may, upon its own motion, or that of any interested party, appoint one to appraise estate property, interest therein, or income therefrom, at clear market value subject to tax, and make written report of appraisement to court. If court finds report correct, then it is mandatory duty of court to make an order approving report and assessing tax at amount shown therein. Said finding and order shall be entered in records of said court.
89-54 Feb 18 COUNTY TREASURER.
TOWNSHIP ORGANIZATION.
COUNTIES.
ELECTIONS.
The term of the treasurer of Daviess county will expire on December 31, 1954; that the office may be filled by appointment by the governor at any subsequent time; that the treasurer, whose term expired on December 31, 1954, may hold over in this office until her successor is duly elected or appointed and qualified; that she should not have been a candidate for reelection in 1952 nor in 1954. Further, that she may serve until April 1, 1957, unless her office is filled by appointment by the Governor.
89-54 Apr 7 REORGANIZED SCHOOL DISTRICT. When a school district becomes a part of a reorganized district, it loses its former identity; it cannot thereafter be removed from or voted out of the reorganized district, for the reason that it has lost its original identity, and for the further reason that even if it had not lost its former identity, no such powers are vested in the reorganized district; that if and when the reorganized district becomes dissolved, all of the territory formerly comprised in it becomes unorganized territory.
89-54 Sept 15 ELECTIONS.
JUDICIAL COMMITTEE.
QUORUM.
Fred C. Bollow not the legal nominee of the Democratic party to the office of Circuit Judge of the Second Judicial Circuit because there was no quorum of the judicial committee present at the meeting at which he was nominated on July 29, 1954.
89-54 Nov 29 SWAMP AND OVERFLOWED LANDS.
PATENTS.
1) Patents should be issued for swamp and overflowed lands to counties in which such lands lie, by the State, under Sec. 241.080, RSMo 1949. 2) When such patents to such lands have been issued by the State to counties and when payment in full has been made for such lands by the purchaser, the County Court shall cause the clerk of said court to issue to the purchaser or his heirs or assigns, a patent under Sec. 241.220, RSMo 1949.
90-54 July 30 STATE PARKS.
APPROPRIATION.
Missouri State Park Board unauthorized to establish revolving fund for payment of expenses of concessions in state parks.
92-54 Jan 11 COURT REPORTERS.
COUNTY COURTS.
County courts not required to defray any costs of supplies used by court reporter in preparing transcripts called for in Section 485.100, RSMo 1949.
92-54 July 21 TAXATION.
STEAMBOATS.
Steamboat engaged in interstate commerce and owned by Delaware company is not subject to ad valorem taxes in Missouri.
93-54 Mar 11 CRIMINAL LAW. Priority of service of terms of punishment.
93-54 Mar 12 Col. Hugh H. Waggoner WITHDRAWN
93-54 June 7 LOTTERIES.
“AUTOMOBILE GAME” IS A LOTTERY.
“Automobile Game” consisting of numbered rectangular track over which small automobile is made to run is game of chance rather than of skill. For payment in advance of cash fee, one is permitted to operate device. Device is operated when the player first selects number, then propels automobile so that it hits bumpers at each end of track. Only when automobile stops on previously selected number is player awarded a prize. Said operation involves consideration, chance and prize, and is a lottery within the meaning of Missouri lottery statutes, particularly Section 563.430 RSMo 1949, declaring the making or establishing of a lottery a crime.
93-54 Aug 9 CRIMINAL LAW.
SUPREME COURT RULE 21.14.
Persons arrested without warrant may, during the twenty-hour detention period, apply to a judge or magistrate of a court having original jurisdiction to try criminal offenses in the county where such person is held for fixing of bail for subsequent appearance in the same or another court.
93-54 Sept 29 STATE HIGHWAY PATROL. Superintendent may assign patrolman to Capitol grounds and may arrest for violations of law observed by him.
93-54 Oct 4 INTERSTATE COMMERCE.
MOTOR VEHICLES.
RECIPROCITY.
(1) Motor carrier operating in described fashion is engaged in “interstate commerce.” (2) Reciprocity for commercial motor vehicle registration between states of Missouri and Delaware.
93-54 Nov 29 HIGHWAY PATROLMEN.
ARREST.
MOTOR VEHICLES.
A highway patrolman may arrest without warrant a person who the patrolman, at the direction of the director of revenue, calls upon to surrender his motor vehicle registration and license, if the highway patrolman can determine as of that time that such person is willfully failing to turn in to the director of revenue his motor vehicle registration and license.
93-54 Dec 15 ELECTIONS.
NOMINATIONS.
Tie vote for candidates for nomination to be determined by lot by canvassers of returns of election.
96-54 Feb 4 SCHOOLS.
SCHOOL DISTRICTS.
School district temporarily combined with another district under Sec. 161.100, RSMo 1949, must employ teacher and show kind of certificate held by teacher in order to qualify for maximum apportionment of state school money.
96-54 Mar 5 FEES.
HIGHWAY ENGINEERS.
PUBLIC OFFICERS.
SALARIES.
County highway engineers of counties of first class are entitled to an annual salary of $8,000.00; county highway engineers of counties of the second class are entitled to an annual salary, to be fixed by the county court, of not more than $4,000.00; and county highway engineers of counties of the third and fourth classes shall receive as compensation an amount fixed by the county court, not to exceed ten dollars per day in counties of the third class, and not more than $8.00 in counties of the fourth class for each day actually served as county highway engineer.
96-54 Mar 11 Hon. James J. Wheeler WITHDRAWN
96-54 Apr 7 Hon. W. C. Whitlow WITHDRAWN
96-54 Apr 19 COURTS.
FINES.
CRIMINAL LAW.
MAGISTRATE COURT.
PROSECUTING ATTORNEY.
Prosecuting attorney may dismiss an affidavit filed by him charging a person with the commission of a crime in another state, and that said person has fled therefrom. Fines assessed in magistrate court are judgments which may be collected, unless barred by Section 516.350, RSMo 1949.
96-54 May 28 ROADS AND BRIDGES. Bridge constructed by special road district remains property of such district upon abandonment of public road whereon situated.
96-54 June 10 ELECTIONS.
SALE OF INTOXICATING LIQUOR.
It is illegal to dispense intoxicating liquor within the hours prescribed on the election day of any school director, fire prevention district director or sewer district trustee.
96-54 June 28 OFFICERS. Duties of prosecuting attorney and those of trustee of a county health center of the same county are repugnant or inconsistent to each other. Said offices are incompatible and one person may not hold both at the same time. Duties of county superintendent of schools and those of trustee of a county health center of same county are not repugnant or inconsistent to each other. Said offices are compatible and one person may hold both at same time.
96-54 June 30 Mr. Hubert Wheeler WITHDRAWN
96-54 Aug 16 Hon. J. Patrick Wheeler WITHDRAWN
96-54 Aug 20 Hon. Jay White WITHDRAWN
96-54 Oct 4 COUNTY COURT.
TREASURER.
COUNTY DEPOSITORY.
DE FACTO OFFICERS.
DEPUTIES.
OFFICERS.
County court of a third class county may not appoint a deputy county treasurer; a county depository may honor checks signed by a de facto deputy to the county treasurer if it has no knowledge of the invalidity of the appointment of the deputy.
96-54 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.