1955 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-55 Jan 5 COUNTY COURTS.
ROADS AND STREETS.
The County Court of Holt County, Missouri has the authority to spend county money for a right of way inside the city limits of Mound City for a road to be taken over by the state.
1-55 Jan 27 ADJUTANT GENERAL.
SOLDIERS’ BONUS.
Not necessary that application for soldiers’ bonus be filed on blank furnished by Adjutant General, but informal letter will suffice.
1-55 Oct 28 SALES TAX.
MOTOR VEHICLES.
Farm Tractors are not subject to motor vehicle sales tax under the provisions of Section 144.450, Laws of Missouri 1951, page 854, but sales tax must be paid upon their purchase as a sale of tangible property.
1-55 Nov 29 ADJUTANT GENERAL.
COMMISSIONS MISSOURI NAVAL MILITIA.
Commissions in force prior to the enactment of House Bill 133, 1951, have either been terminated by administrative action or have lapsed by operation of law.
2-55 Jan 6 AGRICULTURE.
STATE ENTOMOLOGIST.
State entomologist may establish quarantine to prohibit the transportation into the state of products, articles or things capable of carrying the pink bollworm.
2-55 Apr 21 FOOD AND DRUGS.
DIVISION OF HEALTH MAY EMBARGO FOOD AND DRUGS WHEN.
(1) Div. of Health legally unauthorized to embargo food, drugs, devices or cosmetics under Sec. 196.030, RSMo 1949, or any other of Missouri’s Food and Drug Act for sole purpose of holding same until such goods can be seized by Federal Government in Federal Court proceedings under Federal food and drug laws. (2) Div. of Health can embargo food or drugs for purposes mentioned in Sec. 196.030 and may use results of examination, analyses or laboratory tests made by the Federal Government as evidence in any case instituted for violation of Mo. food and drugs laws. (3) Criminal proceedings for violation of Mo. food and drug laws may be brought even though same offense is crime under Federal statute. Defendant may be prosecuted, convicted and punished for same act on same evidence under both statutes.
2-55 July 20 METROPOLITAN ST. LOUIS SEWER DISTRICT.
DIVISION OF HEALTH.
REGULATIONS.
The Division of Health is under the responsibility of requiring submission to it and approval by it of plans and specifications for improvements and extensions of sewers on the Metropolitan St. Louis Sewer District.
2-55 Aug 30 Hon. A. J. Anderson WITHDRAWN
2-55 Dec 1 PURE FOOD AND DRUGS.
ADULTERATION.
MISBRANDING.
MISLABELING.
BUISMAN’S FAMOUS DUTCH FLAVORING.
Buisman’s Famous Dutch Flavoring creates, when blended with coffee beans, an adulterated product whose sale is prohibit by Sec. 196.015(1), and the distribution to consumers of Buisman’s Famous Dutch Flavoring (as presently labeled) is the sale of a misbranded product, the sale of which is prohibited by the same section.
3-55 Mar 1 MAGISTRATES.
MAGISTRATE COURTS.
State to pay salaries of employees of the Magistrate Court of Greene County as follows: one chief clerk, $3300 per annum; one deputy clerk for each magistrate, $2400 per annum; and such other employees as the court may appoint in an amount not to exceed $1500 per annum.
3-55 Mar 16 VETERINARY MEDICINE. An unauthorized person may, by proper proceeding, be restrained from the practice of veterinary medicine.
3-55 May 23 STATE COMPTROLLER: ADOPTION OF EXPENSE ACCOUNT FORMS. Forms for rendering expense accounts of state officers and state employees proposed by the Division of Comptroller and Budget, to be filed with the Secretary of State on May 20, 1955, to become effective June 1, 1955, are in the public interest and are a necessary aid to the Comptroller and State Auditor in performance of their duties relating to such expenditures and should be adopted by the Division.
4-55 Sept 29 COUNTIES.
COUNTY COURT.
UTILITIES.
UTILITY POLES.
A county court must advertise for bids on a contract to remove and relocate utility poles and lines from proposed right of ways of roads in the county, when the contract exceeds $500.00 and the poles and lines are now on private property.
5-55 Aug 19 MOTOR VEHICLES.
DRIVERS’ LICENSES.
REVOCATION OF.
SENATE BILL NO. 251.
68TH GENERAL ASSEMBLY.
1) “Receiving a Record” , of an operator’s or chauffeur’s conviction in a circuit or magistrate court as used in Sec. 302.271, Senate Bill No. 251, 68th General Assembly, has reference to final judgment entered of record in said court convicting defendant of an offense referred to in section, for which it is mandatory duty of the trial court to revoke the license of said defendant. 2) One convicted of any offense under provisions of Section 302.271, and judgment final, magistrate judge can revoke driver’s license of convicted defendant but not for any specified period of time. 3) One convicted in magistrate court of careless and imprudent driving of a motor vehicle, and evidence conclusively shows defendant to be under influence of intoxicating liquor at the time offense is alleged to have occurred, magistrate court cannot revoke driver’s license under Subsection 2, Section 302.271, Senate Bill 251, authorizing revocation of driver’s license upon conviction of one driving a motor vehicle while he is under the influence of intoxicating liquor or a narcotic drug.
5-55 Sept 21 TREASURER.
COUNTY TREASURER.
COUNTY OFFICERS.
COUNTY COURT.
The county court may pay compensation to or reimburse the county treasurer for compensation paid to a clerk in the Treasurer’s office where it appears that such expenditures are indispensably necessary to the conduct of the office, if the County Budge Law is complied with.
5-55 Oct 24 Hon. Harold W. Barrick WITHDRAWN
6-55 July 15 COUNTY COURT.
COUNTY CLERK.
In keeping record of proceedings of county court, county clerk should obey direction of majority of court.
6-55 Aug 30 PROSECUTING ATTORNEYS. Social Security payments.
7-55 Nov 1 Hon. Max B. Benne WITHDRAWN
9-55 Mar 1 SEARCH AND SEIZURE.
CONSTITUTIONALLY CHARTERED CITIES.
Municipal court, chartered city, unauthorized to issued warrants for search and seizure.
9-55 Apr 4 PROSECUTING ATTORNEYS.
CITY ORDINANCES.
ST. LOUIS COUNTY.
A prosecution by the Prosecuting Attorney of St. Louis County would not lie against an unlicensed electrician who made an installation in an incorporated city in St. Louis County.
9-55 June 2 COUNTY COURT.
MUNICIPALITIES.
County Court may not incorporate a city, town or village, where proceedings have been instituted by a City Council, to extend the city limits to encompass the same area; a constitutional charter city is not a city of the second class.
9-55 June 27 PUBLIC OFFICERS – DEPUTY COUNTY ASSESSORS. Section 8 of Article VII of the Constitution of 1945 of this State prohibits the election or appointment of non-residents to public office in this State.
9-55 Sept 8 COURT REPORTERS.
SALARIES.
CIRCUIT COURT REPORTERS.
APPROPRIATIONS.
OFFICIAL COURT REPORTERS.
S.C.S.H.B. #384 of the 68th General Assembly requires the state to pay one-fourth of the salary of a court reporter, and in the absence of both an appropriation by the Legislature for this purpose and a statutory requirement that the state reimburse counties which pay the total salary, a court reporter will receive only three-fourths of his salary.
9-55 Oct 17 Hon. Cowgill Blair, Jr. WITHDRAWN
9-55 Nov 18 SHERIFFS.
JAILERS.
The term “deputy sheriffs: are used in Senate Bill 214, does not include persons employed under the provisions of Sec. 57.240 to attend the jail in counties of the second class.
10-55 Mar 1 LOTTERIES.
GAMBLING.
PROSECUTING ATTORNEY.
The scheme herein described is a lottery; while a Prosecuting Attorney has broad discretion in determining whether a particular criminal case should be prosecuted, a refusal to prosecute lottery cases generally, would constitution an abuse of his discretion.
10-55 Apr 18 OPTOMETRY.
EYEGLASSES.
SPECTACLES.
Neither insertion of lenses into spectacle frames, nor the adjustment of such frames to the wearer’s face which does not affect or change the measurements upon which the original prescription is based, are required to be done by a registered optometrists.
10-55 Apr 28 MORTGAGED PROPERTY – REMOVING OR CONCEALING WITH INTENT TO DEFRAUD.
VENUE.
The venue in the prosecution of any person for removing or concealing mortgaged property with intent to defraud the mortgagee or others, in violation of Sec. 561.570, RSMo 1949, lies in the county in Missouri from which the mortgaged property was removed with the intent to hinder, delay or defraud the mortgagee.
10-55 Sept 6 ELECTIONS.
REGISTRATION.
VOTERS.
QUALIFIED VOTERS.
SENATE BILL #297.
The county clerk of those counties coming within the provisions of S. B. 297 is required by Section 116.040, RSMo 1949, to register all persons who seek registration after August 29, 1955, using the three card system stated in said Sec. 116.040; under Sec. 116.060, RSMo 1949, county clerk of those cities coming within said bill 297 must maintain and distribute the three registration cards and binders called for that he has at that time, and for those voters for whom he has none he must use the old registration books made up under Chapters 114 or 115.
10-55 Sept 29 INSANE PERSONS.
CONSTITUTIONAL LAW.
Procedure outlined in Sec. 4 of S.B. No. 59, 68th General Assembly, guarantees “due process.” Secs. 5 and 6 of said Act do not require alleged insane person to ask for judicial determination of his alleged insanity before temporary commitment. Sec. 29 of said Act defines a criminal offense and is enforceable.
10-55 Oct 17 HOSPITALS.
COUNTY HOSPITALS.
BOARD OF TRUSTEES.
County hospital board of trustees’ rule that, for a short time, the name of any patient who has died will be withheld from public pending notification of next of kin, is reasonable regulation and thus authorized by Secs. 205.190(4) and 205.280, RSMo 1949, but the rule that any patient who expressly requests it need not have his name revealed is unreasonable and thus violates these sections.
12-55 Sept 14 AUTOMOBILES.
MOTOR VEHICLES.
RECIPROCITY WITH OHIO.
Missouri does not have reciprocity with Ohio with respect to commercial vehicles having three or more axles, and such commercial vehicles owned by Ohio residents should be required to register in Missouri.
13-55 Jan 5 TAXES.
MUNICIPALITIES.
The City of Doniphan should not pay taxes upon its city hall.
13-55 Dec 7 SALES TAX.
TAXATION.
PUBLIC UTILITIES.
Electrical current used to prevent electrolysis of pipe lines not subject to sales tax.
15-55 Feb 23 COUNTY COURT.
PUBLIC OFFICERS.
(1) A county court may not lawfully permit the usage of public property in the form of office space in a county courthouse for the conduct of a private commercial enterprise, either with or without a formal leasing arrangement; and (2) that a deputy clerk of the county court in a county of the fourth class is not prohibited from engaging in the business of preparing abstracts of titles in such counties.
15-55 Feb 28 AGRICULTURE.
COMMISSIONER OF AGRICULTURE.
VETERINARIAN.
OFFICERS.
SERVICES AND SALARY.
The commissioner of agriculture may fix the salary of the state veterinarian at an amount greater than the salary of the commissioner of agriculture.
15-55 Mar 21 OFFICERS. Duties of the prosecuting attorney and member of county library board of fourth class county are so repugnant or inconsistent as to render offices incompatible. One person cannot legally hold both offices at the same time in same county.
15-55 Mar 22 ANIMALS.
PERSONAL PROPERTY.
TAXATION.
CONSERVATION COMMISSION.
WILDLIFE.
Captive minks kept by a private individual for commercial purposes are taxable property.
15-55 Apr 5 ANIMALS.
STOCK LAW.
ELECTIONS.
PETITIONERS.
Householders within an incorporated city of the fourth class, which city has a stock law, are qualified to petition the county court for a county-wide election on the question of restraint of domestic animals, under Section 270.090, RSMo 1949.
15-55 Apr 18 MILITARY PERSONNEL RECORDERS OF DEEDS. Holder of discharge from armed forces of United States may have the same recorded in any county of this state.
15-55 May 4 Mr. Roy L. Carver WITHDRAWN
15-55 June 10 AGRICULTURE.
EGG DEALERS.
LICENSES.
The Commissioner of Agriculture may not delay the licensing of egg retailers, dealers and processors to a date beyond the date when such person, firms or corporations are required to obtain licenses as provided by existing law.
15-55 June 17 JAIL BREAKING.
CITY ORDINANCE.
A person who escapes from a city jail wherein he was confined after conviction for violation of a city ordinance, may not be prosecuted under Sections 557.380 or 557.390 RSMo 1949.
15-55 June 22 JAILS.
INSOLVENTS.
DISCHARGES.
A person legally confined in the county jail for nonpayment of costs properly assessed against him in a criminal proceeding is not entitled to discharge as an insolvent, except upon strict compliance with the procedure set forth in Chapter 551 RSMo 1949.
15-55 July 14 Hon. John F. Carmody WITHDRAWN
15-55 July 18 SOIL CONSERVATION.
WATERSHED PROTECTION AND FLOOD PREVENTION ACT.
A soil conservation district is a “local organization” within the meaning of Public Law 566; the supervisors of a soil conservation district have authority to carry out, maintain, and operate “works of improvement” of that portion of a small watershed which lies within the soil conservation district of which they are supervisors, under the watershed protection and flood prevention act; that the supervisors are authorized to expend the funds of the district, and to use funds that are made available to them from federal, state, or local sources, both public and private, in carrying out the provisions of the Watershed Protection and Flood Prevention Act as set forth in Public Law 566.
15-55 July 27 AGRICULTURE.
EGG LAW.
RULES AND REGULATIONS.
Review of proposed rules and regulations of the Department of Agriculture implementing House Bill No. 177 of the 68th General Assembly.
15-55 Aug 18 CITIES, TOWNS AND VILLAGES.
LEGAL PUBLICATIONS.
Cities of Fourth Class must publish financial statement required by Sec. 79.160 RSMo 1949, in newspaper meeting requirements set forth in Sec. 493.050 RSMo 1949. Described financial statement does not meet requirements of Sec. 79.160 RSMo 1949.
15-55 Sept 6 TAXATION.
TOWNSHIP ASSESSORS.
COUNTY ASSESSORS.
ASSESSMENTS.
After township assessor has delivered assessor’s book to county clerk he may not repossess it in order to correct erroneous valuations of property. Such corrections may be made only by county board of equalization.
15-55 Sept 29 AGRICULTURE.
ICE CREAM.
House Bill 257 enacted by the 68th General Assembly relating to the manufacture and sale of ice cream and related frozen products as defined therein does not relate to the manufacture and sale of other products not defined in said Act.
15-55 Nov 21 SCHOOLS.
SCHOOL DISTRICTS.
INSURANCE.
COUNTY FOREIGN INS. TAX FUND.
COUNTY CLERK.
Apportionment of funds received from County Foreign Insurance Tax Fund in July, 1955, should have been made on basis of 1954 enumeration; district receiving less than its proper share of supplemental apportionment can sue districts receiving excess amounts and recover such amounts provided money has not already been spent for school purposes; error may also be corrected voluntarily by co-operative action of officers and agencies concerned.
15-55 Nov 22 PUBLIC LAW 566.
POLITICAL SUBDIVISIONS.
LOCAL ORGANIZATIONS.
A levee and/or drainage district and/or a county court is a “local organization” within the meaning of Public Law 566, and so is qualified to enter into cooperative agreements with the Secretary of Agriculture of the United States for works of improvement in flood and erosion control.
15-55 Nov 29 DEPARTMENT OF CORRECTIONS.
MISSOURI STATE PENITENTIARY.
APPROPRIATIONS.
Construing House Bill 588, Sec. 13850, appropriation for Missouri State Penitentiary.
15-55 Dec 1 AGRICULTURE.
ECONOMIC POISONS.
POISONS.
Review of proposed rules and regulations of the Department of Agriculture implementing House Bill 101 of the 68th General Assembly.
15-55 Dec 5 ECONOMIC POISONS.
AGRICULTURE.
INSECTICIDES.
Mixture of fertilizer and insecticide is an “economic poison”.
15-55 Dec 19 STATE PURCHASING AGENT.
MOTOR VEHICLES.
Where a successful bidder contracts with the state to supply new automobiles and agrees to accept as part payment of the purchase price automobiles currently being used by the state the depreciation occasioned by the use of said automobiles in the ordinary course of business should be borne by the bidder.
16-55 Sept 8 REGISTRATION LIST.
COUNTY CLERK.
County clerks of those cities that come within the provisions of Senate Bill 297 have until the last day of October 1955 to complete and file a check of the registration lists in such cities whether such check is made through the United States Post Office Department or by means of canvassers.
17-55 Sept 29 Hon. John R. Clark WITHDRAWN
17-55 Oct 6 GOVERNOR.
TERM OF OFFICE.
The term of the Governor of Missouri begins on the second Monday in January following his election, and continues for a term of four years and until a successor is elected and qualified.
18-55 Sept 19 COUNTY COURTS.
ELECTRICAL COOPERATIVES.
RIGHT OF WAY.
(1) An electrical cooperative which maintains poles and lines on public right of way along present roads which are to be widened, but which are not within the state highway system, must remove and relocate such poles and lines on order from the county court or county highway engineer; and the electrical cooperative must bear the expense of such removal and relocation. (2) An electrical cooperative which maintains poles and lines on private property along present roads which are to be widened does not have to remove and relocate the poles and lines unless and until the county or state acquires the cooperative’s vested interests by way of easement in the private property either by purchase or by condemnation.
18-55 Oct 13 COUNTY ASSESSORS.
COUNTY COURT.
BONDS.
The county court of a fourth class county must pay for the premium on the county assessor’s surety bond.
18-55 Nov 8 MILEAGE.
SHERIFFS.
STATE HOSPITALS.
In taking a patient or patients to or from a state hospital, the sheriff is only entitled to mileage for miles actually traveled.
18-55 Dec 30 ASSESSORS.
TOWNSHIP ORGANIZATION COUNTIES.
In township organization counties a township assessor is not required to give bond.
19-55 Jan 27 COUNTY PURCHASES.
COUNTY BUDGET LAW.
In second class county, court has discretion in determining whether or not annual purchases need be advertised. Contracts for repair of road machinery under certain circumstances need not be let on competitive bidding.
19-55 Feb 1 COUNTY TREASURERS. County treasurer may require claimant of fees taxed as criminal costs to make satisfactory proof that such claimant is not indebted to the state or county for any of the items enumerated in Section 550.270, RSMo 1949, before disbursing fees to such claimant.
19-55 Mar 23 OLD AGE ASSISTANCE.
REAL PROPERTY.
DEED.
Eligibility of applicants for old age assistance and recipients to continue to receive benefits under State Social Security Act governed by provisions of said Act and not by decision rendered in St. Louis County National Bank vs. Fielder, 260 S.W.2d 483.
19-55 Apr 21 PENSION.
CONVEYANCE.
DEED.
Claimants and recipients of old age assistance benefits are disqualified to receive benefits when deeding property without fair and valuable consideration to children, with irrevocable instructions to escrow agent to deliver deed to grantees upon death of grantors.
19-55 May 23 PENSIONS.
CONVEYANCE.
DEEDS.
Claimants and recipients of old age assistance benefits are disqualified to receive benefits when deeding property without fair and valuable consideration.
19-55 July 13 COSMETOLOGY.
STATE BOARD OF.
The State Board of Cosmetology may not prohibit the employment of both colored and white operators in the same establishment nor prohibit both white and colored persons from patronizing such establishment.
19-55 Sept 8 CRIMINAL LAW.
NARCOTIC DRUG ACT.
HABITUAL CRIMINAL ACT.
Phrase “any subsequent offense” used in Sec. 195.200, RSMo 1949, refers only to offenses defined, charged and found under Chapter 195, RSMo 1949, Missouri’s Narcotic Drug Act. Missouri’s Habitual Criminal Act, Secs. 556.280 and 556.290, RSMo 1949, covers convictions in Federal courts.
19-55 Oct 17 PROSECUTING ATTORNEYS.
COSTS.
The costs of preparing a transcript to be used in a prohibition proceeding growing out of a criminal prosecution, provided such transcript is necessary, would be a proper county charge and could be paid out of county funds if proper budgetary requirements have been met.
19-55 Oct 20 DEDICATION.
PUBLIC ROADS.
KING BILL.
COUNTY COURT.
Public roads may be established by dedication and acceptance so as to qualify for improvement, construction, etc., under Section 231.460, RSMo 1949, the King Bill.
19-55 Dec 7 COUNTY COURT.
ACCOUNTING OFFICER.
COUNTY SUPPLIES.
COUNTY BUDGETS.
1. County court of a second class county is not obligated to pay for any supplies or personal services acquired by contract or by order unless such contract or order bears the proper certification of the accounting officer. 2. A county court of a second class county is not obligated to pay for supplies acquired by contract or by order when the price of the bill for such supplies so acquired exceeds the encumbrance stated in the certification of the accounting officer for the contract or order. 3. The county court cannot voluntarily pay for such personal services or supplies for which it is not legally obligated to pay even if there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made. 4. County officers, who acquire supplies or personal services under the circumstances set out in 1 and 2 above, are liable personally and on their bond for such obligations under Section 50.650 RSMo 1949.
20-55 Apr 21 WITNESSES.
RIGHT OF CONFRONTATION.
RIGHT OF CROSS-EXAMINATION.
EVIDENCE.
House Bill No. 219 of the 68th General Assembly, proposing to amend Sections 561.450 and 561.460, RSMo 1949, is unconstitutional.
20-55 May 18 SHERIFF.
DEPUTY SHERIFFS.
SALARY OF DEPUTY SHERIFFS.
FEES OF SHERIFFS.
SHERIFF’S FEES.
Deputy sheriff of Class 3 county cannot be paid fee of $3.00 per day for attendance upon court in addition to his regular salary.
20-55 Aug 10 ASSESSORS.
MERCHANT’S TAX.
Under the provisions of Section 150.055, the county assessor is required annually, prior to the first Monday in May, to visit and inspect each place of business, warehouse, store or other establishment owned and operated by any merchant within the county for the purpose of acquiring information to be used as a basis for comparison with the statement returned by a merchant. Such information is to be returned by the assessor on forms prescribed by the county court to the county board of equalization.
21-55 Jan 10 MARRIAGE LICENSES.
RECORDERS OF DEEDS.
FEES.
SALARIES.
A recorder of deeds is entitled to a fee of $1.00 for the recordation of a marriage license and the return thereon; and is further entitled to a fee of 50¢ for each marriage certificate filed with him if the recorder makes the report required by Section 193.340, RSMo 1949.
21-55 Apr 7 OFFICERS. Assignment of future unearned compensation by county officer is null and void. County court is legally unauthorized to advance unearned compensation to assessor and before settlement made with court.
21-55 July 6 CONSERVATION COMMISSION.
FISH.
Proprietor of private pond stocked with artificially propagated fish obtained from sources without the State of Missouri is required to have a Wildlife Breeder’s permit.
21-55 Aug 23 PROBATE COURT.
INDIGENT INSANE.
COUNTY COURT.
In instances where the probate court appoints an attorney to represent an indigent insane in a proceeding before the probate court, the fixing of the fee of such an attorney is a matter solely within the authority of the probate court; such fee so fixed is a part of the cost which should be paid by the county when payment cannot be obtained out of the estate of the insane person; refusal to pay the full amount of the fee fixed by the probate court constitutes a rejection on the part of the county court, from which an appeal can be taken, to the circuit court within ten days; although no appeal is taken from the action of the county court, the county court may, at a subsequent term, change its order regarding this matter and make an additional payment in those cases where the $10.00 payment was not received by the claimant as full payment of his claim against the county.
21-55 Oct 28 RECOVERY OF OVERPAYMENT OF SALARY.
DEPUTY’S SALARY.
County may recover overpayments paid public officers. The county court is not personally liable. The statute of limitations applies to counties.
22-55 Mar 24 DRAINAGE DISTRICTS. Eight questions relating to the powers and duties of boards of supervisors of drainage districts organized in circuit court.
22-55 June 27 Hon. C. W. Detjen WITHDRAWN
24-55 Feb 11 ELECTIONS. (1) Bipartisan committee provided in Section 121.220, RSMo 1953 Cum. Supp., may not delegate its duties to subcommittees; (2) Central committee of two principal political parties may provide for attendance of representatives at inspection and examination of voting machines for use in election, under Sect ion 121.080, RSMo 1953 Cum. Supp.; (3) Regular staff employees of St. Louis Board of Election Commissioners may be appointed to serve on bipartisan committee provided for in Section 121.220, RSMo 1953 Cum. Supp.
24-55 Mar 11 ELECTIONS.
REGISTRATION.
Registration lists required to be posted in cities of over 600,000 need not indicate the race or color of a registered voter.
24-55 June 10 OFFICES.
INCOMPATIBILITY.
In a fourth class city under the mayor-council form of government, so far as state law is concerned, the same individual may simultaneously hold the position of water, street, and sewer commissioner and the position of city clerk; the position of water, street, and sewer commissioner, and the position of city treasurer; and the position of water, street, and sewer commissioner, and the position of city collector, but that the holding of the positions of city clerk, city treasurer, and city collector, or of any two of these three offices, by the same persons at the same time would be incompatible.
24-55 Sept 27 PUBLIC SCHOOL RETIREMENT SYSTEM.
SCHOOLS.
Definition of words “substitute” and “temporary” as used in House Bill No. 387, 68th General Assembly, relating to Public School Retirement System.
24-55 Dec 9 CORONERS.
INQUESTS.
When there is no coroner in a county, there is no means by which an inquest may be held.
25-55 Sept 8 TELEPHONE EXCHANGES.
INDUSTRIAL INSPECTION.
A telephone exchange is not subject to industrial inspection, but associated activities collateral to the operation of the telephone exchange are subject to industrial inspection if they come within the compass of paragraph 2 of Section 291.060 RSMo 1949.
26-55 Nov 22 Hon. Raymond Eckles WITHDRAWN
27-55 Jan 14 MOTOR VEHICLES.
RECIPROCITY.
Reciprocity in regard to vehicles hauling for hire exists between the State of Missouri and the State of Florida in interstate movements.
27-55 Apr 27 OFFICERS.
NEPOTISM.
Violation of nepotism provision by appointing authority does not authorize removal of public officer appointed; appointment of more persons from one political party to county highway commission than statute authorizes does not disqualify the person from county highway commission.
29-55 Feb 28 COUNTIES.
MUNICIPAL CORPORATIONS.
TAXATION.
CITIES, TOWNS AND VILLAGES.
Mandamus will lie against a county to compel issuance of warrants in order to satisfy judgment obtained against county for tax bills for street improvements issued by city of fourth class if there is sufficient money in general fund of the county available to pay same. If not sufficient money in general fund, mandamus will lie to require levy within constitutional limits to provide funds for payment of judgment. Immaterial that county has not included payment of such tax bills in its budget.
31-55 Jan 13 PRELIMINARY EXAMINATIONS.
MAGISTRATES.
The magistrate judge of Benton County is not precluded from holding a preliminary examination, based upon affidavits for state warrants filed in the magistrate court of Benton County, by the fact that previously identical affidavits for state warrants were filed in the magistrate court of Benton County, and that upon a preliminary examination held thereon, same defendant was ordered discharged.
31-55 May 4 SCHOOL DISTRICTS.
TAXATION.
LEVY.
(1) Board of directors may certify amended estimate under Sec. 165.077, RSMo 1949, at any time prior to action being taken upon original estimate and (2) such recertification is discretionary with board of directors.
31-55 May 9 SUNDAY.
SHERIFF.
EXECUTIONS.
Writ of executions may be validly served on first day of the week, commonly called “Sunday.”
31-55 May 13 BOARD OF REHABILITATION. Not authorized to purchase prosthetic devices for employee.
31-55 June 28 TAXATION.
EXEMPTIONS.
Burden of establishing right to exemption from taxation upon person claiming exemption. Each claim for exemption a question of fact must be decided on merits. College fraternities and labor unions not entitled to tax exemption as non-profit, charitable organizations.
31-55 Aug 23 HIGHWAYS.
COUNTIES.
ACQUISITION OF RIGHTS-OF-WAY.
St. Louis County is not liable for the cost of acquisition of rights-of-way acquired by the State Highway Commission for a road to be built through the aforesaid county, in the absence of a contract so providing.
31-55 Sept 8 ANNEXATION.
TOWNS AND VILLAGES.
UNINCORPORATED LAND.
The provisions of Section 71.015, RSMo Cumulative Supplement 1953, have no application to the procedure for the extension of boundaries by the annexation of unincorporated areas by any village in the state.
32-55 Apr 12 CONSTABLES. It is the duty of the several constables of St. Louis County to attend the magistrate court or courts of said county and to serve the process appertaining to the business of the court or courts. If any doubt exists as to what officer should discharge either of the above-mentioned duties, such question may be resolved by ordinance of the county council.
32-55 Aug 30 HIGHWAY PATROL.
WEIGHT.
TESTIMONY.
Members of the Missouri State Highway Patrol may stop upon the highway a motor vehicle which the patrolman has reason to believe is in excess of the weight limit allowed by the laws of this state; may direct the driver of such vehicle to proceed with the vehicle to the nearest weight station; may cause the vehicle to be weighed; and if it be found to be in excess of the weight limit aforesaid, the patrolman may file charges against the driver of the vehicle and testify in court regarding the weight.
32-55 Sept 27 Hon. C. Rouss Gallop WITHDRAWN
32-55 Nov 17 COUNTY MEMORIAL HOSPITALS.
STATE AID.
Section 13.600 of the 1955-1957 State of Missouri Appropriation Law does not authorize any additional amount to a county for its memorial hospital if the county has received its full authorization of $10,000 under the provisions of Section 184.290.
32-55 Dec 20 SEARCH WARRANTS. Search warrants may be directed to any peace officer.
32-55 Dec 27 ARRESTS.
POLICE.
ST. LOUIS COUNTY.
(a) A defendant in a criminal case need not be arraigned in open court before his commitment to jail; (b) In St. Louis County, a person may not be arrested for a misdemeanor without a warrant, unless the arresting officer saw the misdemeanor committed. The above is true for police officers of a municipality or a county and whether the misdemeanor is a violation of a state law or a city ordinance. County and city ordinances cannot set aside a state law.
33-55 Aug 1 INSURANCE. Fully described Pre-Arranged Burial Agreement purportedly sold by McMikle Funeral Home, East Prairie or Charleston, Missouri, is a contract of insurance within language of Sec. 375.310 RSMo 1949.
33-55 Sept 29 INSURANCE.
BURIAL AGREEMENTS.
Fully described Pre-Arranged Burial Agreement is not an insurance contract within language of Section 375.310, RSMo 1949.
33-55 Nov 14 SENATE BILL 297.
VOTER REGISTRATION.
REGISTRATION.
REGISTRATION LIST.
VOTERS.
QUALIFIED VOTERS.
ELECTIONS.
The county must bear any expense necessary to carry out Senate Bill No. 297, 68th General Assembly; the county is the interpreter of its effect and applicability; and signature lists prepared in accordance with Section 114.100, RSMo 1949, may still be used to check the signature of voters.
34-55 Sept 15 SAVINGS AND LOAN ASSOCIATIONS.
VOLUNTARY DISSOLUTION.
CUSTODY OF RECORDS.
When a savings and loan association is voluntarily dissolved and liquidated in accordance with Sections 369.465, 369.470 and 369.475 RSMo 1949, and during liquidation a director is given custody of records, that after liquidation is completed and association is legally non-existent, director not required to retain possession of records any longer.
34-55 Oct 24 SAVINGS AND LOAN ASSOCIATION.
MINOR SHAREHOLDERS MAY MAKE VALID CONTRACT WITH ASSOCIATION, WHEN.
Under provisions of Sections 369.150 and 369.155, Laws of Missouri 1953, page 229, minor’s agreement to surrender certificates of shares upon payment to him of cash value, his receipt and release of liability to the association is valid when it clearly appears minor understands contract. When fully executed by parties, minor cannot subsequently avoid contract during minority or upon reaching majority and bring action to recover shares or their value. 2) Savings and loan association cannot reissue certificates of shares of minor in name of person other then the minor, or in names of minor and another. 3) Said sections do not authorize minor to contract for assignment, transfer and delivery of his certificates of shares with any party other than issuing association, and contract for assignment not with association may be avoided during minority or upon reaching majority, and minor may bring action to recover shares or their value.
35-55 Jan 19 STATE PARK BOARD.
CONSTITUTION.
TITLE.
Missouri State Park Board is authorized to lease land for state park purposes.
35-55 Mar 23 ANNEXATION. Order of the county court of Oregon County made February 7, 1927, did effect the annexation of Standley’s Second Addition to the Village of Koshkonong.
35-55 Apr 21 COSTS.
CRIMINAL COSTS.
MAGISTRATE COURT.
SHERIFFS.
PROSECUTING ATTORNEYS.
Costs assessable on a plea of guilty to a misdemeanor in the magistrate court.
35-55 May 5 COUNTIES.
COUNTY COURTS.
COUNTY FINANCES.
COUNTY BUDGETS.
CLASS 6 EXPENDITURES.
A third class county may not make expenditure for items in class 6 of its budget until it has sufficient cash on hand to meet all expenses of the county for the current year in the preceeding five classes plus any obligations previously incurred in class 6.
35-55 Oct 17 STATE EMPLOYEE-RIGHT TO ENGAGE IN SAME WORK HE DOES FOR THE STATE FOR PRIVATE GAIN – WHEN.
USE OF STATE PROPERTY TO TRANSPORT WORKING EQUIPMENT IN PRIVATE BUSINESS.
1. An individual employee of the state may engage in the same kind of work he is performing for the state, for his own prof it, if he is not required by statute to give his time exclusively to the state and if his private work does not interfere with the performance of his work for the state and such work is not detrimental to the state’s interest. 2. The use of state property by an individual employee of the state to transport working equipment to and from the place of private business of the employee is unlawful.
35-55 Dec 29 FIREARMS. Firearms which do not have stamped upon them the name of the maker of the serial number may not be purchased by a Missouri resident and brought into Missouri.
36-55 Mar 29 PHYSICIANS & SURGEONS.
PRACTICE OF MEDICINE.
DEFINITION OF “PRACTICE OF MEDICINE”.
Unlicensed physicians may not engage in practice of medicine, regardless of nature of employer or character of supervision.
37-55 Jan 13 CHIROPODISTS.
PROFESSIONS.
LICENSES.
False, misleading or deceitful advertising by a chiropodist may be sufficient ground for revocation of his license to practice chiropody.
37-55 Apr 28 CHIROPODISTS.
PHYSICIANS & SURGEONS.
LICENSES.
The license of a lady chiropodist may not be revoked for having two entries in the classified section of a telephone directory; one entry under her former surname referring to the second entry listed under her present surname.
37-55 May 16 PENITENTIARY.
TREASURER.
PUBLIC FUNDS.
Money received by the state from the sale of steel beams salvaged from damaged or destroyed buildings within the Missouri penitentiary, should be deposited in the state treasury to the credit of the ordinary revenue fund.
37-55 July 6 Hon. Roy Hamlin WITHDRAWN
37-55 July 27 DEPARTMENT OF CORRECTIONS.
PENITENTIARY.
Assets of previously existing funds should be transferred to newly created Working Capital Revolving Fund under House Bill No. 377 of the 68th General Assembly.
37-55 Aug 1 PUBLIC RECORDS.
RECORDER OF DEEDS.
COUNTY COURTS.
Recorder of Deeds has primary responsibility for custody and control of public records in office. Order of county court prohibiting removal of such records from such office is a nullity.
37-55 Sept 6 STATE PENITENTIARY.
INTERMEDIATE REFORMATORY.
STATE BOARD OF TRAINING SCHOOLS.
Intermediate Reformatory cannot purchase foods for the state penitentiary commissary in lieu of payments for bread obtained from the penitentiary bakery; Board of Training Schools cannot purchase foods for the penitentiary commissary in lieu of payments on account of transfer of inmates to the state penitentiary; state penitentiary should continue to make said charges, the former to be deposited to the credit of the Working Capital Revolving Fund and the latter to the credit of general revenue.
37-55 Nov 21 CHIROPODIST.
UNPROFESSIONAL CONDUCT.
ADVERTISING.
As used in the statutes concerning revocation of licenses “unprofessional conduct” is convertible with “dishonorable.” The State Board of Chiropody may revoke for immoral or dishonorable advertising only.
37-55 Dec 19 CONVICTS.
PENITENTIARY.
Convict who escapes from Church Farm may be deprived of three-fourths rule and required to serve full sentence.
39-55 Feb 10 PROBATE JUDGES.
PROBATE CLERKS.
Judges of probate courts and clerks of such courts are neither required nor permitted to prepare pleadings for presentation to such courts in connection with the administration of estates of deceased persons.
39-55 Oct 24 MINING LAWS OF MISSOURI.
COMPLIANCE THEREWITH, BY WHOM.
Operators of sand and gravel pits are not required to conform to the mining laws of Missouri.
39-55 Dec 16 INSANITY PROCEEDINGS.
COSTS.
Costs in all probate insanity proceedings under Senate Bill 59 and House Bill 30, passed by the 68th General Assembly, such bills, as sections, and other sections on the same subject considered herein being in pari materia, must be paid by the county involved if the estate of the subject of the inquiry, if adjudged to be of unsound mind, is insufficient to pay such costs.
40-55 Mar 23 SEWERS.
SEPTIC TANKS.
NUISANCES.
PROSECUTING ATTORNEYS.
The dumping of sewage on adjacent property or the maintenance of leaking septic tanks in unincorporated areas may constitute a criminal offense and may constitute a public nuisance which may be abated by action of the prosecuting attorney.
40-55 Mar 28 SCHOOLS.
SCHOOL BUILDINGS.
SCHOOL DISTRICTS.
The Board of Directors of a common school district may order the razing of a schoolhouse which has deteriorated so that it is beyond repair and which has no market or salvage value.
40-55 May 18 PUBLIC RECORDS.
ASSESSOR OF ST. LOUIS CITY.
Assessment lists and assessment books maintained in office of assessor of City of St. Louis are public records open to public inspection.
40-55 June 27 Hon. Forrest L. Hill WITHDRAWN
40-55 Sept 8 COUNTIES.
COUNTY COURT.
SEWER DISTRICTS.
SANITATION DISTRICTS.
(1) A county of the third class has no authority by itself to create a sewer or sanitation district either as a statutory district or special benefit assessment district through its county court.
40-55 Dec 6 COUNTIES.
SEWAGE DISTRICT.
PLANNING COMMISSION.
1. County Planning Commission does not have the authority to include in the official master plan of a county a sewage disposal plan when the county lacks the authority to establish the system. 2. There is presently no authority for Platte County to condemn for right-of-way for a sewage disposal system.
41-55 Mar 7 STATE AUDITOR.
CITIES, TOWNS AND VILLAGES.
Cities, towns and villages are political subdivisions of the state within meaning of the statute providing for audit by State Auditor of political subdivisions.
41-55 May 4 SHERIFFS. Sheriff of one county may employ sheriff of another county to act as guard in transporting prisoners to penitentiary, such guard to be paid as provided in Section 57.290, RSMo 1953 Cum. Supp.
41-55 May 9 MAYORS.
CITIES OF THE 4TH CLASS.
PUBLIC OFFICIALS.
OFFICIALS OF CITIES.
CONTRACTING WITH THE CITY.
The Board of Aldermen of the 4th class city is not authorized to pay its mayor a fee of $30.00 for auditing the books of said city and such action violates the provisions of Section 106.300, RSMo. 1949.
41-55 May 18 PROBATE COURT.
ADMINISTRATORS.
BONDS.
Securities on an administrator’s bond are required to be residents of the county in which the court granting letters of administration is situate.
42-55 Oct 6 SALARY.
OFFICES.
CORONER.
SHERIFF.
A coroner performing the duties of sheriff due to a vacancy in the office may not receive additional salary.
43-55 Jan 3 ELECTIONS.
POLITICAL PARTIES.
COMMITTEEMAN.
County committeeman holds over until his successor is elected and qualified.
43-55 Apr 11 COUNTIES.
COUNTY COURTS.
COUNTY POORHOUSE AND INFIRMARIES.
(1) County curt has authority on behalf of its county to acquire site for county poorhouse or infirmary. (2) Such site need not be within the corporate limits of the county seat of such county.
45-55 Dec 5 MISSOURI STATE PARK BOARD.
LICENSE.
Missouri State Park Board is authorized to accept a license to land in a federal reservoir area for park purposes.
46-55 Aug 19 MUNICIPAL CORPORATIONS.
POLICE JUDGE.
COURTS.
SHERIFFS.
OFFICERS.
Office of police judge in city of fourth class incompatible with office of deputy sheriff.
46-55 Dec 19 INVESTMENT.
PUBLIC FUNDS.
UNIVERSITY FUNDS.
UNIVERSITY.
CURATORS.
BOARD OF CURATORS.
The Board of Curators of the University of Missouri may invest funds other than those appropriated by the General Assembly.
48-55 Jan 6 Hon. Orville F. Kerr WITHDRAWN
48-55 Mar 17 CITIES.
CONSTITUTIONAL LAW.
Senate Bill No. 112 of the 68th General Assembly which provides, in effect, that third class, fourth class and special charter cities of Clay and Jackson Counties having an organized police and fire department, may provide pensions for their policemen and firemen, is unconstitutional, unless there is some difference between those cities in Clay and Jackson Counties and other cities of the same type in the State, reasonably justifying a differentiation in the powers granted to such cities.
48-55 Sept 8 SCHOOLS.
SCHOOL DISTRICTS.
PUBLIC POLICY.
ZONING.
COUNTY BD. OF ZONING ADJUSTMENT.
BONDS.
CONTRACTS.
County bd. of zoning adjustment has no authority to issue special permit to operate trailer court excluding children; contract between school district and property owner whereby property owner agrees to forfeit permit to operate trailer court if children are allowed to reside there void as against public policy; bond conditioned upon performance of such contractual stipulation also void.
49-55 Jan 18 JUDGE OF THE JUVENILE COURT OF JACKSON COUNTY.
DETENTION HOME FOR NEGLECTED CHILDREN.
The hiring of building and maintenance employees for a place of detention for neglected and delinquent children in Jackson County, resides in the county court of Jackson county and not in the Judge of the Juvenile Court of said county, and therefore the salaries of said employees cannot properly be included in the budgetary request for appropriations of the Judge of the Juvenile Court of Jackson County.
49-55 Mar 21 SCHOOLS.
SCHOOL DISTRICTS.
COUNTY SUPERINTENDENTS.
COUNTY CLERK.
ELECTIONS.
Not necessary that board of education in reorganized school district designate boundaries of voting precincts. In election of county superintendent, county clerk should deliver to president or clerk of board tally sheets of size and number sufficient to contain names of all qualified voters of district. If district in three counties, should deliver three sets of tally sheets for each polling place.
49-55 May 11 PROSECUTING ATTORNEYS.
FORFEITURES.
SCHOOLS.
The prosecuting attorney of the county is not required to bring a civil action for forfeitures provided under Sections 445.070, .080 and .090, RSMo 1949. Such forfeitures in this case are for the reorganized school district.
49-55 May 23 Hon. Fred Kling WITHDRAWN
49-55 July 27 ELECTIONS.
SPECIAL.
SENATE BILL NO. 3 68TH GENERAL ASSEMBLY.
COSTS TO BE FINALLY PAID BY STATE.
Senate Bill No. 3, 68th General Assembly, relates to appropriation of State School Funds. By Section B, Act submitted to all voters of State at special election on October 4, 1955, under referendum provisions of Constitution. If no other question to be voted on, election costs shall finally be paid by State of Missouri. Each political subdivision of State to pay cost of holding election therein. Thereafter, it may present claim for reimbursement to State Comptroller, who shall audit same. State Treasurer is then authorized under Section 111.405, RSMo Cumulative Supplement 1953, to pay amount claimed and found due each political subdivision out of any moneys appropriated by Legislature for that purpose.
49-55 Sept 29 URBAN REDEVELOPMENT CORPORATION LAW. Redevelopment project may be exclusively industrial or commercial.
51-55 Feb 1 COUNTY TREASURER. County court presumed to have taken increased compensation for county treasurer into consideration when it increased annual compensation.
51-55 Feb 23 SCHOOLS.
TRANSPORTATION.
COUNTY TREASURERS.
The board of education of a reorganized school district is not obligated to send all of the high school pupils within its district to the same high school, although the cost of transporting pupils to one high school may be somewhat greater than the same cost would be in sending such pupil to another high school. A county treasurer is not required to serve as treasurer of a six-member board school district.
51-55 Mar 7 COUNTY BUDGET LAW. Obligations incurred prior to December 31 of each year are paid from revenue for year in which they were incurred, and not from anticipated revenue in year in which bill was received.
51-55 Mar 9 COUNTY BUDGET LAW. Obligations incurred prior to December 31 of each year are paid from revenue for year in which they were incurred, and not from anticipated revenue in year in which bill was received.
51-55 Sept 8 BAIL BOND.
SHERIFFS.
MISDEMEANORS.
Sheriff is not authorized to fix amount of bond for person arrested without warrant.
51-55 Sept 29 COUNTY BUDGETS.
UNBUDGETED REVENUE.
A county court can use unbudgeted revenue, which is part of the Class 6 fund, to pay off an emergency expense budgeted under Class 5 of the budget law if there are not sufficient funds in Class 5 to pay the expense, and if there are cash funds on hand sufficient to pay all claims provided for in Classes 1, 2, 3, 4 and 5 together with any expenses already incurred under Class 6 and if all outstanding warrants constituting legal obligations are paid.
51-55 Oct 10 COUNTY COURTS.
COUNTY HIGHWAY EQUIPMENT.
COUNTY SURVEYOR.
COUNTY HIGHWAY ENGINEER.
A county court is authorized to purchase a vehicle as county highway equipment to be used by the county highway engineer exclusively in county business.
51-55 Oct 27 TAXATION.
COUNTY CLERK.
FEES.
County clerk in third class county to be paid for making supplemental tax book on same basis that he is compensated for making tax book.
51-55 Dec 1 DEATHS.
INQUESTS.
CORONERS.
There is no legal obligation imposed upon anyone finding and disposing of a dead body to notify the coroner within whose jurisdiction such body was found, other than the local registrar of vital statistics, and only by him when the death was caused by other than natural causes.
52-55 Mar 3 INSURANCE. Articles of Incorporation of American Automobile Insurance Company.
52-55 May 4 INSURANCE.
TAXATION.
Income on contracts of Old Reliable Atlas Life Society, a stipulated premium plan company, assumed under reinsurance contract by Old American Insurance Company, but not reissued, is not subject to premium tax provided in Section 148.370 RSMo 1949 (Cumulative Supplement, 1953.)
52-55 June 27 INSURANCE. Articles of Incorporation of Missouri Union Casualty Co.
52-55 July 27 INSURANCE. Articles of Incorporation of Financial Reserve Life Insurance Company of America.
52-55 Aug 3 INSURANCE. Articles of Incorporation of American Universal Life Insurance Company.
52-55 Aug 31 INSURANCE. Articles of Incorporation of Missouri-Western Fire and Marine Insurance Company.
52-55 Sept 21 INSURANCE. Articles of Incorporation of Holland-America Insurance Company.
52-55 Nov 7 INSURANCE. Articles of Incorporation of The Union Insurance Corporation of America.
52-55 Nov 29 INSURANCE. Articles of Incorporation of The Cardinal Life Insurance Company.
52-55 Dec 12 INSURANCE. Amended Articles of Incorporation of Capital Reserve Life Insurance Company.
52-55 Dec 21 INSURANCE. Articles of Incorporation of Colonial Casualty Company of America.
52-55 Dec 21 INSURANCE. Amended Articles of Incorporation of Security National Life Insurance Company.
52-55 Dec 30 INSURANCE. Stipulated premium plan life insurance companies subject to Secs. 375.330 and 376.300 RSMo 1949. Restrictive provisions in Sec. 375. 330 touching purchase of realty do not apply to acquisition by gift without valuable consideration, but do apply to subsequent holding and conveying of such real estate. Common capital stock of holding company may be acquired by gift without valuable consideration by stipulated premium plan life insurance company, but subsequent holding of such stock violates Sec. 376.300 RSMo 1949. Method of valuation of real estate acquired by stipulated premium plan life insurance company by gift is not prescribed by statute, and must be left to discretion of Superintendent of the Division of Insurance and company officers.
53-55 Aug 3 CHANGE OF VENUE.
FEES.
VENUE.
VENUE IN COURT OF COMMON PLEAS.
When party takes change of venue on account of prejudice of judge of the Cape Girardeau Court of Common Pleas and a judge from one of the circuit courts is called in to try case, the party taking the change is not required to deposit $10 change of venue fee with clerk of Cape Girardeau Court of Common Pleas.
54-55 Jan 13 SOIL CONSERVATION DISTRICT.
SMALL WATERSHED.
Supervisors of a soil conservation district may administer the business of that portion of a small watershed which lies within the soil conservation district of which they are supervisors.
57-55 Jan 6 INHERITANCE TAX.
TRUSTS.
Property or money transferred to a trustee for the purpose of beautification and care of the graves of testator and his wife, is subject to Missouri inheritance tax.
57-55 Aug 9 CONSTITUTIONAL LAW.
OSTEOPATHS.
RENEWAL LICENSES.
PROFESSIONS.
That part of Section 337.060, RSMo 1949, which gives the Missouri Association of Osteopathic Physicians and Surgeons the power to determine the educational programs which will be necessary for renewal licenses of osteopaths of Missouri, is unconstitutional and void.
57-55 Aug 29 LOTTERIES. The Puritan Dairy “Knocking Man” scheme is a lottery prohibited by the laws of the state of Missouri.
58-55 Jan 5 FEDERAL SOLDIERS’ HOMES.
DEFINITIONS.
A woman is not entitled to admission to the Federal Soldiers’ Home by virtue of being the mother-in-law of a former serviceman.
58-55 Feb 1 TOWNSHIP COLLECTORS.
PERSONAL REPRESENTATIVE TO SETTLE ACCOUNTS, WHEN.
DISPOSITION OF TOWNSHIP PERSONAL PROPERTY.
Personal representative of deceased township collector to have charge of all books, accounts, money or other personal property of township in possession or control of collector at time of death. Personal representative to make final settlement of accounts with county court in same time and manner as collector personally, provided by Sec. 139.420, except personal representative not required to pay tax funds to county treasurer and ex officio collector, or make return of delinquent taxes to county court. He shall turn over possession and control of all such township books, accounts, money or other personal property to successor-collector less any legal fees earned during term and previously unpaid deceased.
58-55 Apr 7 STATE FEDERAL SOLDIERS’ HOME OF MISSOURI.
APPLICANTS FOR ADMISSION.
Persons may be admitted to the State Federal Soldiers’ Home of Missouri who are citizens of Missouri and who were soldiers and sailors honorably discharged from the service of the United States who are in indigent circumstances, and who, from any disability not received in any illegal act are unable to support themselves by manual labor; the aged mother, wife or widow of such soldier or sailor; army nurses who served with the armies of the United States; and ex-members of the enrolled Missouri Militia who served 90 days or more in the field during the civil war.
58-55 June 15 FEDERAL SOLDIERS’ HOME.
STEP-MOTHER OF EX-SERVICEMAN INELIGIBLE FOR ADMISSION.
Step-mother of ex-serviceman eligible for admission to Federal Soldiers’ Home of Missouri, is not the aged mother of ex-serviceman within the meaning of Section 212.140 RSMo 1949, and is not eligible for admission into home.
58-55 Sept 21 FEDERAL SOLDIERS’ HOME.
DONATIONS.
The Board of Trustees of the State Federal Soldiers’ Home of Missouri is authorized to accept gifts of money or property from any source, including inmates of the Home. That the approval of the Governor is not necessary in the matter of the acceptance of the gift for the Home by the trustees.
58-55 Dec 13 SCHOOLS.
SCHOOL DISTRICTS.
Where consolidated school district has voted bond issue with no specific location for construction of buildings having been submitted to voters and subsequently becomes part of enlarged district, board of enlarged district may locate site for construction of buildings anywhere within enlarged district.
59-55 Mar 30 CRIMINAL LAW.
ARREST.
SUMMONS.
WARRANTS.
When a defendant voluntarily appears to answer a charge that he has committed a misdemeanor, and does not object to the failure of issuance of a warrant of arrest or summons against him, it is unnecessary to then issue as a matter of course such warrant of arrest or summons.
59-55 May 9 CROP FOREST LANDS.
FORESTRY.
TAXATION.
Person whose land has been classified as forest cropland may withdraw his land from such classification by paying the taxes owed thereon plus penalty equivalent to 5% interest less the amounts previously paid.
59-55 Aug 26 WORKMEN’S COMPENSATION.
CORPORATIONS.
CHARITABLE CORPORATIONS.
Fairfax Community Hospital, an incorporated, non-profit, charitable institution is an “employer” within terms of Missouri’s Workmen’s Compensation Law.
60-55 Feb 3 COUNTY COURTS.
COUNTY FINANCIAL REPORTS.
County court may not obligate county by designating in December, 1954, newspaper in which county’s financial report is to be published after January 1, 1955.
60-55 Mar 24 TAXATION.
COUNTY BOARDS OF EQUALIZATION.
County boards of equalization not authorized to employ appraisers.
60-55 Apr 7 SCHOOLS.
SCHOOL DISTRICTS.
ELECTIONS.
In third class cities of less than ten thousand population, may have separate polling places for school election and municipal election.
60-55 May 12 SHERIFFS.
JAILERS.
COUNTY COURT.
(1) Circuit judge may authorize sheriff in counties of the third class to appoint a jailer to be paid from county funds; (2) the compensation of such jailer should not be included in the board bill for prisoners submitted to the county court, but should be shown as a separate item of expense; (3) Circuit court has no authority to authorize the sheriff to employ a cook; (4) The expense of cook hire may be paid by the county if such is reasonably incurred by the sheriff in boarding prisoners and should be included in the monthly board bill submitted by sheriff to county court.
60-55 Aug 29 KIDNAPPING. Parent forcibly taking its child against will of person to whose custody child has been awarded by decree of court of competent jurisdiction is guilty of kidnapping under Sec. 559.240, RSMo 1949.
62-55 Jan 10 COUNTY HIGHWAYS.
CITIES.
COUNTY COURTS.
The county court of Marion County, Missouri, may legally authorize expenditures and expend county funds, within certain defined limits, for the purpose of construction, repair, improvement and upkeep of the streets of an incorporated municipality within the county boundaries, when such street forms part of a continuous highway of said county leading through the city or village; that a street, to form a part of a continuous highway of the county, must be a connecting link between two portions of a highway, which together form an uninterrupted line of traffic; that it is necessary that such street be a continuation of a county highway, and that it extend through and beyond the aforesaid city or village; that if a highway end at the city limits of a city or village, or if the city limit is the Mississippi River, a state line or a county line, money cannot be spent as aforesaid on the improvement of the aforesaid city street.
62-55 Feb 16 Hon. Harold L. Miller WITHDRAWN
63-55 May 25 DEEDS.
COUNTY RECORDER.
Deputy recorder of deeds may be made assignee for purpose of releasing notes by mortgage or deed of trusts.
63-55 Nov 14 Hon. J. Whitfield Moody WITHDRAWN
64-55 Mar 2 COUNTIES UNDER TOWNSHIP ORGANIZATION.
COUNTY TREASURER AND EX-OFFICIO COLLECTOR’S FEES.
In determining maximum amount to be retained by county treasurer in counties of the third and fourth class under township organization, all taxes, including current real and personal, are to be considered in determining bracket under Sec. 52.260, RSMo 1949.
64-55 June 13 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT. Director of Revenue shall suspend license and registration of persons failing to satisfy judgments arising from motor vehicle accidents subsequent to the effective date of an Act found in Laws of Missouri, 1945, page 1207.
64-55 Aug 16 MOTOR VEHICLES.
DRIVER’S LICENSES.
CHAUFFEUR’S LICENSES.
OPERATOR’S LICENSES.
The Director of Revenue is authorized to report out-of-state convictions on the back of renewed operator’s and chauffeur’s licenses in the same manner in which convictions in Missouri are reported.
64-55 Aug 29 CRIMINAL LAW. Under the prov1s1ons of Section 559.350, RSMo. Cum. Supp. 1953, a man may be charged and convicted for failure to support his children born out of wedlock notwithstanding the fact that he does not have the legal right to the care and custody of said child or children, and that paternity as an element of the offense, may be established in such criminal proceedings.
64-55 Oct 17 DEPARTMENT OF REVENUE.
APPROPRIATIONS.
Appropriations from general revenue may be used to pay expenses of cigarette tax collection.
64-55 Dec 21 SALES TAX.
PAPER UTENSILS.
The retailer of food and drink, which is sold upon the premises where served, should pay the sales tax upon any paper items in which such food and drink is served.
64-55 Dec 27 MOTOR VEHICLES.
TEMPORARY INSTRUCTION PERMITS.
Director of Revenue unauthorized under Provisions of Section 302.130 RSMo Cumulative Supplement 1953, to issue temporary instruction permit to operate motor vehicle, until applicant has satisfactorily passed the eye and written examination required by Section 302.173 RSMo Cumulative Supplement 1953.
65-55 Sept 29 CLERK.
PROBATE COURT.
PROBATE COURT CLERK.
OFFICERS.
INCOMPATIBILITY OF OFFICES.
INHERITANCE TAX.
The offices of probate clerk and appraiser of an estate before the probate court are incompatible, and thus may not be held by the same person at the same time.
66-55 Feb 3 STATE PURCHASING AGENT. The State Purchasing Agent does not have to obtain the approval of a state department, for which he is by law authorized to make purchases, before he issues purchase orders against funds of such department.
67-55 Jan 5 INSURANCE.
FARMERS’ MUTUALS.
Farmers’ mutual insurance companies organized under, or accepting, the provisions of H.B. 249, 67th General Assembly are permitted to write “miscellaneous” coverage referred to in subparagraph 4, Section 4 of the Act only if the guaranty fund or policyholders’ surplus of not less than $400,000.00 is maintained.
67-55 Jan 21 CITIES.
PARKING METERS.
(1) Receipts from parking meters may be used only for the purpose of purchasing, installing and maintaining such meters and enforcing regulatory ordinances in connection therewith; (2) Parking meter receipts should be, but are not necessarily required to be, carried in a separate fund by the city treasurer.
67-55 Feb 14 JURY COMMISSIONERS. No statute for jury commissioners in Clay County.
67-55 May 5 COUNTY COLLECTORS (CLASS TWO COUNTIES).
COMPENSATION.
Collectors of revenue in counties of the second class to be compensated under the provisions of Sec. 52.420, MoRS, Cum. Supp., 1953, and may not retain fees for collection of drainage or levee district taxes.
68-55 Mar 1 COUNTY HIGHWAY ENGINEERS.
COUNTY SURVEYORS.
COUNTY OFFICERS.
FEES AND SALARIES.
A person serving in the dual capacity of county highway engineer and county surveyor in a county of the third class is entitled to compensation as county surveyor while engaged in making surveys needed to lay out a road, but is not entitled to the pay of a county highway engineer for the same service; the duties of a county highway engineer do not encompass the demolition of an abandoned courthouse, and, therefore, such person cannot be paid as county highway engineer for such work.
68-55 Aug 15 LEVIES.
COUNTY HEALTH CENTER.
RATES OF LEVY.
TAXATION.
Senate Bill No. 286 requires the lowering of the levy voted for the establishment of a county health center; the proper body to lower the levy is the county court.
68-55 Oct 12 OSTEOPATHS.
ADVERTISEMENTS.
An osteopathic physician can ethically and legally use a sign, by first placing his name and the letters D.O. behind it on one line, and underneath the words “physician and surgeon”, and it is not necessary that he include the word osteopathic before the word physician.
68-55 Nov 17 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION.
Senate Bill No. 286, 68th General Assembly, requires reduction in total school levy but does not require that the rate for each purpose be reduced proportionately; in subsequent years board may file revised estimate at any time before original estimate is acted upon and thereby levy rate of taxation for each purpose less than but not in excess of that authorized by vote of the people.
68-55 Nov 21 SHERIFFS’, DEPUTIES’ MILEAGE. The sheriff and his deputy may collect up to $75. per month each for mileage in the performance of their official duties in connection with the investigation of persons accused of or convicted of a criminal offense.
68-55 Dec 16 PROSECUTING ATTORNEYS.
FEES.
The compensation provided for by Sec. 470.210 RSMo 1949, for prosecuting attorneys should be paid over by the prosecuting attorney to the county treasurer, and is not to be retained by the prosecutor.
69-55 Nov 30 SCHOOLS. Official action of directors of consolidated district in levying school taxes, if according to applicable statutes is valid, although attested by illegally appointed secretary of board.
70-55 Jan 10 Hon. John P. Peters WITHDRAWN
70-55 Mar 17 LOTTERIES. A plan proposed to be operated where an individual operates an excursion boat, afternoons and evenings, and a charge of $1.25 per person is collected for each excursionist on each trip, and to increase the number of patrons, the admission charge to remain the same, there is added a bingo game on the afternoon trip at which prizes would be won and awarded, is a lottery.
70-55 Sept 20 ASSISTANT PROSECUTING ATTORNEYS.
INCREASED PERSONNEL IN COUNTY PROSECUTOR’S OFFICE.
COUNTY BUDGET LAW.
County court is bound by Sections 56.150 and 56.160, RSMo 1949, as amended by the 68th General Assembly; mandamus will lie to compel county court to pay the increased salary of prosecuting attorney’s employees, and the salaries of the increased number of prosecuting attorney’s employees.
70-55 Nov 9 Hon. Richard K. Phelps WITHDRAWN
71-55 Jan 27 COUNTIES.
CIRCUIT CLERKS.
RECORDERS.
COUNTY COURTS.
Circuit clerk and ex-officio recorder of deeds in 3rd class county not permitted to retain fees collected under Section 451.150 and Section 193.350 RSMo 1949. Presiding judge of county court in third class county not to receive compensation under Sec. 3, H. B. 163, 67th General Assembly, for additional duties prescribed by such law if such duties are performed subsequent to December 31, 1954.
71-55 Feb 7 COUNTIES.
COUNTY FINANCIAL REPORT.
County court authorized to publish financial report in only one newspaper at county’s expense.
71-55 Oct 3 PUBLIC ROADS.
PRESCRIPTION.
Public road may be established when such road has been continuously used by the public for a minimum period of ten years, and upon which there shall have been expended public money or labor for such period to the extent that such road has been kept in substantial repair and condition for the public use and public travel.
71-55 Nov 14 AGRICULTURE.
ICE CREAM.
FROZEN FOODS.
Review of proposed rules and regulations of the Department of Agriculture implementing House Bill No. 257 of the 68th General Assembly.
71-55 Nov 22 OFFICERS.
ASSESSOR.
COUNTY HIGHWAY COMMISSIONER.
Duties of the office of county highway commissioner are not repugnant or incompatible with those of the county assessor and that one person may hold both offices at the same time.
72-55 Jan 27 COUNTY ASSESSORS.
COUNTIES.
Annual compensation of county assessor in third class county computed on fee basis until commencement of next year of his incumbency after effective date when county’s classification changes from third class to second class, at which time he will receive an annual salary as provided by Sec. 53.120, RSMo. 1949. Such assessor’s deputies to be compensated under Sec. 53.090 from date such assessor’s compensation is changed.
72-55 Feb 16 COUNTIES.
SHERIFF.
Sheriff of county whose classification changes from third to second class during his term shall not continue to act as assistant probation officer nor receive compensation therefor after such change in classification.
72-55 Mar 3 CITIES OF THIRD CLASS.
COMMISSION FORM OF GOVERNMENT.
CITY LIBRARIES.
Sections 78.060 and 78.070, RSMo 1949, control the administration and management of city libraries in cities of the third class operating under the commission form of government.
72-55 Apr 18 COUNTY AUDITOR.
COLLECTOR OF REVENUE.
LEVEE DISTRICTS.
Respective duties of county auditor and collector of revenue in class 2 counties in regard to levee district taxes.
72-55 June 14 STATE BOARD OF COSMETOLOGY. 1. Fees collected by Board payable to Director of Revenue; 2. No prohibition against employee of Board discharging duties of an inspector and secretary at the same time if, in Board’s discretion, action is conducive to efficient operation. 3. An officer of this state may authorize an increase in salary to an employee different from that listed in the official Manual. 4. Board may not grant bonuses to employees. 5. Employees of Board may travel beyond State and receive reimbursements therefor, if such expense is incurred in discharge of official duties, in matter in which government has an interest, and within appropriation provided for that purpose.
72-55 June 17 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION.
CONSTITUTIONAL LAW.
School district governed by three directors, but containing within its boundaries incorporated village, may levy a tax of one dollar on the $100 assessed valuation without a vote of the people. Elections conducted under laws applicable to common school districts.
72-55 Aug 1 REPRESENTATIVES.
APPORTIONMENT.
CONSTITUTION.
The apportionment of representatives is according to the last decennial census of the United States and representatives cannot be apportioned according to any census taken by any county, nor can the representation of a county be increased prior to the next United States census by an act of the Legislature or otherwise.
72-55 Aug 1 Hon. Paxton P. Price WITHDRAWN
72-55 Aug 9 LIBRARIES.
TAXATION.
RATES OF LEVY.
Senate Bill No. 286 requires county courts or city councils to reduce library tax rates but does not make mandatory such reductions in rates which would prevent a library from receiving state aid under Section 181.060.
72-55 Nov 17 GRAND JURIES. Grand jury in Clay County selected by sheriff or board of jury commissioners in accordance with judge’s direction.
73-55 Feb 9 MISSOURI TURNPIKE AUTHORITY. Senate Bill #206 would not impose any obligation upon the state for Turnpike Authority debts.
73-55 Mar 10 DIVISION OF MENTAL DISEASE.
ELEEMOSYNARY INSTITUTIONS.
Applicable rules for determination of eligibility for employment by Division of Mental Diseases of members of American Friends Institutional Service Unit.
73-55 Mar 21 Hon. B. E. Ragland WITHDRAWN
73-55 Aug 15 Hon. B. E. Ragland WITHDRAWN
74-55 Mar 1 Mr. W. H. Burke WITHDRAWN
74-55 May 3 MAGISTRATE & CIRCUIT COURTS.
THIRD AND FOURTH CLASS COUNTIES.
DELINQUENT AND NEGLECTED CHILDREN.
DIVISION OF WELFARE.
Prosecuting attorneys in third and fourth class counties are authorized to file a complaint of neglected or delinquent children in either circuit or magistrate court. Likewise, the sheriff is authorized to file such a complaint in a magistrate court. Sheriffs of such counties having a county superintendent of public welfare or a probation officer, automatically become assistant probation officers without necessity of appointment.
74-55 May 31 SCHOOLS.
SCHOOL DISTRICTS.
ELECTIONS.
STATE AUDITOR.
POLITICAL SUBDIVISIONS.
Election officials in school bond elections may be prosecuted for fraud; ballots cast in school bond elections may be recounted only in case of grand jury investigation and in trial of civil or criminal cases in which violation of election laws is under investigation or at issue; oath of officials in school bond election held on day other than day of annual meeting administered by any official authorized to administer oaths; financial statement required to be published annually in certain school districts; school district political subdivision so as to require State Auditor to make audit upon request of five per cent of voters.
74-55 Sept 30 Hon. James R. Reinhard WITHDRAWN
74-55 Oct 19 SHERIFFS.
SHERIFFS’ FEES.
FEES.
COSTS.
CRIMINAL COSTS.
Sheriff is not entitled to fees from the county for services in criminal matters.
75-55 Aug 29 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION.
Where territory of school district in one county extends into another county and assessed valuation of latter county is increased by more than ten per cent after rate of levy has been determined, school board must redetermine rate of levy in accordance with Senate Bill No. 286, 68th General Assembly.
76-55 Feb 17 CORPORATIONS.
FRANCHISE TAX.
TAXATION.
Upon submitted facts, the entire assets of a domestic corporation named, are subject to Missouri franchise tax.
76-55 Apr 12 MICROWAVE STATIONS.
STATE TAX COMMISSION.
Microwave stations owned or controlled by the American Telephone and Telegraph Company, and the Southwestern Bell Telephone Company, are not distributable property of a public utility to be assessed by the State Tax Commission, but constitute property to be locally assessed under Section 151.100, RSMo 1949.
76-55 June 10 TAXATION AND REVENUE.
STATE TAX COMMISSION.
Method of apportioning distributable property of pipeline companies.
76-55 June 15 ASSESSMENT OF PROPERTY. 1) Partially completed buildings or other structures on real estate are subject to ad valorem assessment; 2) Partially completed structures on real estate should be assessed against and in the name of the owner of land as real property; 3) Materials purchased by the owner for construction of a building which have not been used by the contractor, and have not yet become a part of the building, or a part of the realty, should be taxed in the name of the owner; 4) The assessment of buildings or other improvements under construction, as in our answer to question No. 2, should be assessed in the name of the owner as real property.
76-55 June 17 Hon. James M. Robertson WITHDRAWN
77-55 Feb 1 DIVISION OF FINANCE. Proposed agreement may conflict with Section 362.170, RSMo 1949.
77-55 Apr 29 CREDIT UNIONS. Proposed plan to separate and exchange accounts of two credit unions may not be carried out in view of Section 370.340 RSMo 1949 which specifically covers expulsion and withdrawal of members.
77-55 Aug 12 BANKS.
TRUST COMPANIES.
CORPORATIONS.
Banks and Trust Companies liable for incorporation fees, and fees upon increase of stock, as required by Section 351.065 RSMo 1949.
77-55 Aug 23 BANKS.
HUSBAND AND WIFE.
Loan limit of bank to any one person set forth in Sec. 362.170 RSMo 1949 not violated by husband and wife giving their individual notes so long as note given by each does not exceed amount prescribed by said statute; and pledging of collateral owned as tenants by entirety does not make such loans in single “joint obligation.”
79-55 Jan 19 STOCK LAW.
ELECTIONS.
TOWNSHIPS.
VOTING.
Proposition to invoke stock law by entire county under Sec. 270.090, RSMo 1949, requires merely a majority of the voters voting on the proposition. Where proposition to enforce stock law carries at county-wide election, the stock law is in effect county wide in spite of fact that identical proposition submitted simultaneously at separate township election was defeated in some of the townships.
79-55 Feb 10 Hon. J. E. Schellhorg WITHDRAWN
79-55 May 9 Hon. J. B. Schnapp WITHDRAWN
79-55 Oct 17 COUNTY COURT.
ASSESSOR.
Prior to October 9, 1951, there existed no legal authority under which the county court could pay from county funds the compensation of clerical assistants in the office of assessor for services performed prior to said date.
80-55 Feb 23 SOCIAL SECURITY.
COUNTY COURT.
County court has discretion under Section 105.350, Vernon’s Annotated Missouri Statutes, to submit a plan for approval by the state agency under said act.
80-55 Apr 21 COSTS.
VENUE.
DEPOSIT.
COURTS.
CIRCUIT CLERK.
FEES.
The change of venue fee required by Section 508.220, RSMo 1949, should not be returned to the county where the case originated, upon return of the case, by stipulation of the parties, to the county of origin.
80-55 May 16 ROADS. FOURTH CLASS, NON-TOWNSHIP ORGANIZATION COUNTIES.
SPECIAL BENEFIT ASSESSMENT DISTRICTS.
COMMISSIONERS’ POWERS.
County Court of fourth class non-township organization county can employ county highway engineer by following procedure provided by Section 61.160 RSMo Cumulative Supplement 1953. Attempted action of county court of such class county to employ an engineer by contract and pay compensation other than that authorized by section is void. Board of Commissioners of special benefit assessment road district of non-township organization county, organized under provisions of Secs. 233.170 to 233.315 RSMo 1949, is authorized on behalf of district, to receive any funds which may be paid by Federal Government as damages to district’s roads.
80-55 Oct 10 Hon. Rufe Scott WITHDRAWN
80-55 Dec 1 FELONIES.
PRELIMINARY EXAMINATIONS.
CONTINUANCES.
If it be impractical to conduct an immediate preliminary examination in felony cases, Supreme Court Rule 23.06 provides that an “adjournment shall be allowed either to the prosecution or to the accused for the purpose of procuring the attendance of material witnesses, and for any other good and sufficient cause.”
81-55 Jan 27 ANIMALS.
STOCK LAW.
Horses owned by a resident of a township which has not voted to enforce the provisions of Chapter 270, RSMo 1949, to restrain animals from running at large may be restrained under said Chapter if such animals go into a township which has voted to come under the stock law and break the enclosure of a resident of that township. Under Chapter 271 they may be dealt with as strays. The sheriff is a proper and authorized person to enforce the terms of said Chapter 271 when animals are running at large in violation of the stock law, under said Chapter 270, and have been deemed to be strays.
81-55 Feb 3 Hon. D. W. Sherman, Jr. WITHDRAWN
81-55 June 3 SCHOOLS.
REFORMATORIES.
STATE BOARD OF TRAINING SCHOOLS.
Boy committed to custody of State Board of Training Schools may be transferred to Algoa without being physically present at Training School at time of transfer.
81-55 Sept 21 TRAINING SCHOOLS.
STATE BD. OF TRAINING SCHOOLS.
DELINQUENT CHILDREN.
Not duty of State Board of Training Schools to prepare and present pre-sentence investigations of allegedly delinquent children or to supervise children found to be delinquent, unless such children are committed to institutions under control of Board.
81-55 Oct 20 SCHOOLS.
SCHOOL DISTRICTS.
DEPARTMENT OF EDUCATION.
BOARD OF EDUCATION.
An elementary pupil of a closed school district, which district was closed by the State Board of Education and required to provide for the transportation of its pupils under Section 161.120 RSMo 1949, who attends a school in another district without conferring with the Board of Education of the home district, as to where he should attend school, is voluntarily attending such other district and the sending district does not have to pay the tuition and transportation costs of such elementary pupil when it has provided for tuition and transportation expenses to a district other than the one the pupil is attending.
82-55 Jan 6 COMMISSIONER OF AGRICULTURE.
FAIRS AND SHOWS.
The Commissioner of Agriculture may not make cash payments to non-profit agricultural societies for the purpose of defraying the expenses of representatives of those societies to the annual convention of the Missouri Association of Fairs.
83-55 Jan 7 CIVIL DEFENSE.
POLITICAL SUBDIVISIONS.
Official of political subdivisions authorized to sign project applications for federal contributions to Civil Defense Program is chief executive officer of political subdivision and not local civil defense director.
83-55 Mar 25 CIVIL DEFENSE.
COUNTIES.
COUNTY BUDGET LAW.
POLITICAL SUBDIVISIONS.
Authorization of state to request advance of funds from federal government for cost of civil defense equipment.
84-55 Feb 28 ELECTIONS.
SCHOOLS.
COUNTY SUPERINTENDENT OF SCHOOLS.
Declaration of candidacy for the office of county superintendent of schools filed at 11:00 A.M., on February 19, 1955, is within time prescribed by Sec. 167.020, RSMo 1949.
84-55 Sept 7 FEES AND SALARIES.
JUVENILE COURT.
COSTS.
FEES.
PROSECUTING ATTORNEY.
DELINQUENT CHILDREN.
NEGLECTED CHILDREN.
(1) Since a juvenile court proceeding is not “of a criminal nature”, a prosecuting attorney may not collect the five dollar fee allowed in Section 56.310, RSMo 1949, for “judgments upon any proceedings of a criminal nature;” but he shall be allowed the five dollar fee as provided in Section 56.310, “for his services in all actions which it is or shall be made his duty by law to prosecute or defend ….” (2) Juvenile court costs according to Section 211.380, RSMo 1949, may be assessed in the court’s discretion against either the “petitioner, or any person or persons summoned or appearing,” or against the county.
85-55 Jan 18 MAGISTRATES.
PROBATE JUDGES.
Section 481.140, RSMo 1949, relating to the power of the members of the county bar to elect a probate judge, and Section 482.120, relating to the power of a circuit judge to appoint a magistrate, in case of disability, are both rendered null and void by Section 6 of Article V of the Constitution of Missouri, and by Supreme Court Rule 11.05.
85-55 Apr 12 RECOGNIZANCES.
BONDS.
CONTINUANCES.
Where a criminal case is continued generally by the court the recognizance is still in effect and persons signing the recognizances may be held thereon.
85-55 June 14 SCHOOLS.
TEACHERS.
CORPORAL PUNISHMENT.
A teacher has the right to inflict corporal punishment upon a pupil if such punishment is necessary to maintain order and discipline in the school; such punishment must be reasonable and proper under all of the conditions and circumstances existing; it must not be excessive, cruel, unusual, or malicious.
85-55 July 6 INHERITANCE TAXES.
APPRAISER’S HEARINGS.
PROSECUTING ATTORNEY’S ATTENDANCE.
Prosecuting Attorneys of each county of the State are required, under provisions of Section 145.270, RSMo 1949, to attend all inheritance tax appraiser’s hearings held in his county.
86-55 Feb 3 LIQUEFIED PETROLEUM GAS.
DRUMS.
TRANSPORTATION.
INSTALLATION.
Neither Section 2 of Senate Bill No. 179, 64th General Assembly nor Basic Rule B.15 respecting the handling of liquefied petroleum gas prohibit the transportation of such drums, either empty or containing gas, on the highways of this State.
86-55 May 31 Hon. Lyndon Sturgis WITHDRAWN
86-55 Sept 8 COUNTY COLLECTORS. Limitation on amount of commission of ex officio collectors in township organization counties in Section 52.270, RSMo 1949, not unconstitutional.
86-55 Sept 8 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION.
School districts affected by Senate Bill No. 286, 68th General Assembly, should not revise estimates and tax levies until after October 4, 1955.
86-55 Nov 22 PROSECUTING ATTORNEYS.
TAXATION.
FEES.
The fees allowed the attorney for the collector under the provisions of Section 140.740, RSMo Cum. Supp. 1953, should be taxed as costs in suits brought by the prosecuting attorney in a county of the second class on delinquent tangible personal property tax bills and that such fees when received by the office of the prosecuting attorney should be turned over to the county treasury at the end of each month as provided in Section 56.340, RSMo 1949.
86-55 Dec 29 PRIVATE CARRIERS.
PUBLIC SERVICE COMMISSION PERMITS.
A manufacturing company that transports its own products in furtherance of its business is a private carrier.
87-55 Oct 24 COMMITTEEMAN.
COMMITTEEWOMAN.
VOTERS.
REWARDS.
A township committeeman or committeewoman who accepts an award of money for inducing any other person or persons to vote in any election is guilty of a misdemeanor and can be punished by imprisonment in the county jail for not less than one month nor more than one year, and the accepting of such an award for doing such acts is illegal.
89-55 Feb 21 TAXATION.
DELINQUENT TAXES.
Treasurer and ex-officio collector of county of third class under township organization is not required to collect delinquent taxes of city of fourth class.
89-55 Sept 6 Hon. William E. Tipton WITHDRAWN
89-55 Nov 29 SPECIAL ELECTION.
ELECTIONS.
SENATE JOINT RESOLUTION NO. 9, 68TH GENERAL ASSEMBLY.
In the legal notices published prior to the January 24, 1956 election call by the Governor, it must be designated a “special election.”
90-55 Mar 23 CHATTEL MORTGAGE.
MOTOR VEHICLE.
CERTIFICATE OF TITLE.
A Recorder of Deeds has no statutory or other authority to defer the endorsement on a certificate of title to a motor vehicle the date of the filing of a chattel mortgage on such motor vehicle to a later date and back date the date of the endorsement on such certificate of title to make it appear to have been made on the same date of the original filing of such chattel mortgage.
90-55 May 26 SPECIAL ROAD DISTRICTS.
TOWNSHIP ORGANIZATION.
(1) Special road districts in county under township organization may be formed under the provisions of Secs. 233.320-233.445, RSMo 1949. (2) Duties of county court in such county with respect to petition for formation of such special road district.
90-55 Nov 17 COUNTIES.
COUNTY COURTS.
REVENUE BONDS.
HOSPITALS.
COUNTY HOSPITALS.
Money derived from the sale of bonds authorized by a special election must be used for the specific purpose stated on the ballot and for no other.
92-55 Aug 15 COUNTY HEALTH CENTER.
RATES OF LEVY.
TAXATION.
LEVIES.
1) Senate Bill No. 286 requires a reduction in the rate of levy for county health center purposes and such rate is to be reduced by the county court. 2) Only public schools and libraries are specifically given exception from the operation of Senate Bill No. 286, in regard to participation in state funds. 3) In years when Senate Bill No. 286 is not applicable, the originally authorized rate goes again into effect.
93-55 Jan 27 COUNTY BOARD OF ZONING ADJUSTMENT.
FIRST CLASS COUNTY.
In deciding contested cases the board of zoning adjustment in first class counties must make findings of fact and conclusions of law.
93-55 Feb 17 TAXATION. Sales tax on cigarettes contemplated by H.B. No. 18 is not unconstitutional as amounting to “double taxation.”
93-55 Mar 24 SCHOOLS.
SCHOOL DISTRICTS.
ELECTIONS.
Requirement of separate polling place in each incorporated city or town in school district mandatory before election.
93-55 Mar 30 STATE TAX COMMISSION.
ASSESSMENT OF PROPERTY.
INCREASE OF ASSESSMENT.
Order of the State Tax Commission increasing the assessment of property in certain counties so as to bring such assessment up to 30% of the true value does not violate the Missouri Constitution or the provisions of Section 138.390, RSMo 1949.
93-55 July 20 SALARIES.
OFFICERS.
CITY OF ST. LOUIS.
LIMITATIONS.
RECORDERS OF DEEDS.
The salary of the Recorder of Deeds of the City of St. Louis is fixed by the General Assembly at $6,750 per annum, and that the present Recorder is entitled to receive that amount of salary which he should have received since taking office, except that portion due more than five years prior to institution of suit.
93-55 Aug 9 Hon. Wayne W. Waldo WITHDRAWN
93-55 Oct 10 MOTOR VEHICLES.
HIGHWAY PATROL.
SCHOOL BUS.
A person under twenty-one years of age operating a school bus transporting ten or less pupils is required to have a chauffeur’s license unless said school bus is owned by the U.S., State of Missouri, Municipality or political Subdivision of the State, which includes school district, in such case the operator need only have an operator’s license. If said school bus transports more than ten pupils regardless of ownership, if the operator is under 21 years of age, he is required to have a chauffeur’s license. A person 18 years of age duly licensed as a chauffeur may operate a school bus regardless of the number of pupils carried.
94-55 Jan 5 INTOXICATING LIQUOR.
NONINTOXICATING BEER.
ADVERTISING.
There is no legal prohibition against a manufacturer making and leasing to any store licensed to sell intoxicating beer, a metal beverage cooler containing a metal superstructure upon which will be colored pictures of the products contained in the cooler, such a milk, soft drinks, intoxicating liquor or nonintoxicating beer, from which the customer may help himself, such intoxicating liquor or nonintoxicating beer not to be consumed on the premises.
94-55 May 11 Hon. Charles A. Weber WITHDRAWN
94-55 July 6 SCHOOLS.
TITLE.
School District has not abandoned school building and premises so long as it continues to use same for storage of books, desks, and property belonging to the district, and other related uses.
96-55 Jan 19 SALES TAX.
CLASSIFICATION OF SALES TAX AS DEMAND AGAINST ESTATES.
ESTATES.
DECEDENTS’ ESTATES.
Amounts due from decedent for sales tax collected by him should be classified as a demand of the third class rather than as a fifth class demand, but administrators should pay such amounts without demand.
96-55 Jan 21 MOTOR VEHICLES.
FARM TRACTORS.
DRIVER’S LICENSE.
(1) “Farm tractor” exempted from registration law only to extent authorized in Sec. 304.260, RSMo 1949; (2) Farm tractor operated on public highway must conform to all traffic and equipment regulations; (3) Operator’s or chauffeur’s license required to operate farm tractor in nonexempt use; and (4) Farm wagon exempt from registration.
96-55 Feb 3 CORONERS. Coroner should file report of findings or inquest with county clerk and also with circuit clerk when required by Section 58.350, RSMo 1949.
96-55 May 13 SCHOOL ELECTIONS.
COUNTY SUPERINTENDENTS.
VOTING PLACES.
REGISTRATIONS.
The board of directors of a city school district at a school election held separate and apart from a municipal election, at which a county superintendent of schools is to be elected may fix a single voting place where voters of the district may cast their ballots, or if such election is held in conjunction with a municipal election on the same date, the board may designate voting places for the casting of ballots in said election in the residential wards and precincts of the voters of such city. All voters residing in a city of the third class having a population of not less than 10,000 nor more than 30,000 inhabitants are not required to be registered to vote for county superintendent of schools when board has designated a single voting place, under terms of Section 165.330, RSMo 1949.
96-55 May 23 Hon. Hubert Wheeler WITHDRAWN
96-55 June 8 COUNTY HOSPITALS. Four questions relating to duties of boards of trustees of county hospitals.
96-55 June 15 STATE BOARD OF EDUCATION.
SOCIAL SECURITY.
VOCATIONAL REHABILITATION.
House Bill No. 202, 68th General Assembly, authorizes State Board of Education to formulate and execute plan of agreement in carrying out provisions of Federal Social Security Act in making determination of disability under Title II thereof. State Board has authority to designate Vocational Rehabilitation Section to administer such plan.
96-55 July 27 COUNTY SURVEYORS. (1) County surveyors to make surveys under Sec. 60.120 RSMo 1949 “when called upon,” but not to exclusion of other competent surveyors. (2) Sec. 60.170 RSMo 1949 imposes mandatory duty on county surveyor to make surveys on “orders of survey.” (3) Only surveys made by county surveyor entitled to become part of official “record of surveys” required under Sec. 60.340 RSMo 1949. (4) Willful and malicious destruction of landmarks is misdemeanor under Sec. 560.530 RSMo 1949. (5) Surveying of corner in decayed or perishable condition under Sec. 446.010 RSMo 1949 may be accomplished by one other than county surveyor. (6) Surveys under procedure set forth in Secs. 446.040 to 446.170 RSMo 1949 to be accomplished only by county surveyor. (7) Neglect to make surveys and plats required by Sec. 137.185 RSMo 1949 constitutes misdemeanor under Sec. 137.190 RSMo 1949. (8) Right to make surveys under Sec. 137.185 RSMo 1949 not exclusive right of county surveyor unless same are made pursuant to “orders of survey” issued by county court or city council of city, town or village.
96-55 Oct 24 PROSECUTING ATTORNEY’S COUNTY HOSPITAL DEPOSIT FEES. It is the duty of the prosecuting attorney to institute and collect accounts due a county hospital; the $5 deposit in Magistrate Court is not required to be made when suits are filed to collect accounts due a county hospital.
97-55 Dec 7 TAXATION.
TAX SALE.
COUNTY COLLECTOR.
(1) A publication of notice requisite to the sale of lands for taxes directed merely to the “heirs of” a certain person which notice does not contain the names of the record owners or the names of all persons appearing on the land tax book is insufficient and would render a sale based thereon invalid. (2) When, prior to conveyance, a sale of lands for taxes is discovered to be, for any reason, invalid the purchase money and interest thereon shall be refunded to the purchaser of the county treasury. (3) The costs and expenses incurred in connection with the sale of lands for taxes which sale is later determined to be invalid cannot be charred against the purchase money in the hands of the county.
99-55 Feb 11 COUNTIES.
COUNTY PARKS.
BONDED INDEBTEDNESS.
COUNTY PROPERTY.
(1) County of third class has power to issue bonds for acquisition of land for park purposes, and (2) County of third class has power to convey land acquired from proceeds of bond issue to instrumentalities of the State of Missouri for a valuable consideration.
99-55 July 27 CRIMINAL LAW.
REPEAL OF RSMO 1949 CRIMINAL STATUTES.
SENATE BILL NO. 27 68TH GENERAL ASSEMBLY.
PROCEDURE.
Criminal cases pending in Circuit Court charging defendants with larceny, embezzlement, and obtaining money under false pretenses under RSMo 1949, in effect at time crimes were alleged to be committed, but repealed by Senate Bill No. 27 of the 68th General Assembly giving new definitions of said offenses. Cases shall be tried on charges filed under RSMo 1949. If punishment for such crimes is less under Senate Bill No. 27 than under RSMo 1949, each defendant convicted before effective date of bill on August 29, 1955, but judgment not rendered until subsequently, said judgment shall be in accordance with applicable provisions of bill.
99-55 Aug 3 VOTER REGISTRATION.
SENATE BILL NO. 297.
Persons who are registered prior to July 1, 1955, in cities covered by Senate Bill No. 297 are not obliged to reregister by Section 116.040, RSMo 1949.
99-55 Sept 26 INSANE PERSONS. Subparagraph 3, Section 7, S.B. No. 59, 68th General Assembly provides mechanics for extending proceeding for temporary, emergency confinement under Secs. 5 or 6 of Act into formal judicial proceeding for involuntary hospitalization under Sec. 3 of Act. Court appointing examining physicians under Sec. 3 of Act may appoint physicians of own choosing except when patient confined in municipal hospital, when physicians must be members of staff of municipal hospital. Act contains no provision authorizing state hospital to condition giving of voluntary hospitalization to indigent persons only after hearing and commitment. Line 3, Sec. 8 of Act should be so read as to employ punctuation by use of a comma immediately after the word “court” appearing therein.
99-55 Nov 17 Hon. James E. Woodfill WITHDRAWN
99-55 Dec 27 TOWN OR VILLAGE.
COLLECTORS.
TAXES.
It is the duty of the town or village collector to collect those taxes levied by the board of trustees of an incorporated village or town that lies partly within the boundaries of the fourth class county.