1956 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
2-56 Feb 15 SANITARY DRAINAGE DISTRICT.
REVENUE BONDS.
SEWAGE DISPOSAL.
Chapter 248, RSMo 1949, authorizes the creation by the City of Kansas City, and parts of Clay, Platte and Jackson Counties, of a sanitary drainage district to carry domestic sewage only; this district is a political subdivision which may become indebted in an amount allowed by Section 26(b), Missouri Constitution, 1945.
2-56 Mar 23 COUNTY COURTS.
COUNTIES.
ASSESSORS.
DEPUTY ASSESSORS.
TAX SHEETS.
ISSUANCE OF WARRANTS BASED UPON TAX SHEETS.
(1) The county may recover the portion of the overpayment that has been made by it through the county court to the assessor. (2) The county court is entitled to count the sheets and inspect them before issuing the warrant for payment to the assessor upon said sheets. (3) There is no law making it mandatory upon the county court to advance money to the assessor sufficient to pay his deputies prior to the delivery of the tax books, and further, the county court is without authority to make such advancements prior to the delivery of the tax books.
2-56 June 14 SPECIAL CHARTERED CITIES.
SEWERAGE PROJECTS.
AUTHORITY OF DIVISION OF HEALTH.
The Division of Health of Missouri is without authority to require the submission of plans and specifications of sewers and sewage treatment facilities by the city of Kansas City, Missouri, since, under Section 19, Article VI, 1945 Constitution of Missouri, charter provisions of a special chartered city concerning purely municipal functions supersede the general laws relating thereto.
3-56 Feb 24 ELECTIONS. Under the provisions of Section 111.405, RSMo Cum. Supp. 1955, the state may properly pay all necessary costs and expenses of election incurred in conducting the October 4, 1955, and January 24, 1956, elections if no other question is submitted to a vote at the “same election.” The term “same election” as used in Sec. 111.405, supra, refers to an election which is required by law to be conducted by the same election officials.
3-56 June 12 LAND CLEARANCE FOR REDEVELOPMENT AUTHORITY. The land clearance for redevelopment authority is a political subdivision of the state, within the meaning of the Social Security Act and Section 105.300, RSMo Cum. Supp. 1955.
3-56 July 12 COURT REPORTERS. Sec. 485.065 of H.B. 384, 68th General Assembly comprehends court reporters of St. Louis Court of Criminal Correction authorized by Sec. 485.140 of said law.
3-56 Sept 26 SOCIAL SECURITY.
COUNTY AGRICULTURAL EXTENSION COUNCIL.
The County Agricultural Extension Council is an instrumentality of the State.
4-56 Mar 23 CRIMINAL LAW.
MISDEMEANOR CASES.
MAGISTRATE COURTS.
PROSECUTING ATTORNEY NOT REQUIRED TO FILE INFORMATION.
WHEN.
When complaint of individual alleging commission of misdemeanor is filed in magistrate court in accordance with Sections 543.020 and 543.030 RSMo 1949, if after having fully investigated facts, prosecuting attorney believes same insufficient to sustain conviction of accused, he may, within his discretion, refuse to file information or to proceed further in matter.
4-56 Sept 26 COUNTY COURT.
BOUNTIES.
PREDATORS.
Section 279.010 RSMo Cum. Supp. 1955 does not authorize or direct the county court to pay a bounty for wolves, coyotes and wildcats other than animals of the full blood.
5-56 Jan 17 PUBLIC SCHOOL RETIREMENT SYSTEM. Funds of system may be used to pay expenses of election on coming under federal social security.
5-56 Jan 27 SOCIAL SECURITY.
PUBLIC SCHOOL RETIREMENT SYSTEM.
Legislature only body authorized to fix date on which service in positions covered by Public School Retirement System shall be included for coverage under Social Security Act, subject to referendum, and effective date must be in conformity with federal law.
5-56 Dec 7 STATE.
BANK.
CONSTITUTIONAL AMENDMENT.
Effective date of said constitutional amendment No. 3, approved by the voters on November 6, 1956, is thirty days after November 6, 1956. Surplus funds referred to therein may be placed in “Time Deposit - Open Account.”
6-56 July 3 PROSECUTING ATTORNEY.
CRIMINAL COSTS. CRIMINAL LAW.
Under the provisions of Sec. 56.310 RSMo 1949, the prosecuting attorney shall be allowed a fee of $12.50 for the conviction of a defendant charged with armed robbery under the general criminal law, regardless of whether said defendant is committed to the State Board of Training Schools, or punishment is assessed at confinement in the State Penitentiary.
7-56 Mar 19 PAUPERS.
COUNTIES. INSANE.
County may recover from person obligated to support an indigent insane person or from such insane person’s estate amounts expended by it for support of such insane person, but cannot recover from anyone amounts expended for support of other poor persons.
9-56 Mar 16 CIGARETTE TAX.
ACTION BY THE DEPARTMENT OF REVENUE.
Representatives of the cigarette tax division should make estimates of the tax and penalties due against a seller of unstamped cigarettes when the seller is known, and against the retailer when the seller is unknown.
10-56 Mar 1 SCHOOLS.
SCHOOL DISTRICTS.
School district, in absence of qualifying factors, may not give property to church organization. Such attempted transfer enjoinable by state at relation of prosecuting attorney.
10-56 Nov 15 SCHOOLS.
SCHOOL DISTRICTS.
Plan of reorganization of school districts may not divide existing reorganized districts.
12-56 July 18 OFFICERS.
COUNTY HIGHWAY.
COMMISSION.
For a violation of Sec. 23.100 RSMo 1949, the members of a county highway commission could be removed from office, under the procedure specified in Secs. 106.220 RSMo 1949 et seq., or by the institution of proceedings in quo warranto.
15-56 Mar 23 Hon. James D. Carter WITHDRAWN
15-56 Mar 26 SCHOOLS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
Teachers of inmates of the Department of Corrections not included.
15-56 May 1 MISSOURI RURAL REHABILITATION CORPORATION.
AGRICULTURE.
DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture of the United States or his delegatee has power and authority under provisions of Sec. 261.026, RSMo Cum. Supp. 1955, and under terms of agreement entered into between the United States Dept. of Agriculture and the Commissioner of Agriculture of the State of Missouri under date of January 23, 1952, to compromise, adjust and cancel under provisions of 7 USCA, Sec. 1015(g), State Rural Rehabilitation Corporation’s debts and obligations to be administered by said officer under terms of 40 USCA, Sec. 40.
15-56 May 29 PLACEMENT OF CHILDREN. Any unlicensed person who assists in placing a child in any home or institution is in violation of the law.
15-56 June 8 DEPARTMENT OF AGRICULTURE.
APPROPRIATIONS.
Salary of State Commissioner of Agriculture may be paid from funds made available by Section 4.710 of House Bill No. 4, and Section 13.740 of House Bill 558, as enacted by the 68th General Assembly. The salary of the State Commissioner of Agriculture may also be paid from funds appropriated by Section 4.765 of House Bill No. 4, adopted by the 68th General Assembly if such payment is authorized by appropriate Federal authority.
15-56 June 14 COUNTY WELFARE OFFICE.
COUNTY COURTS.
When county court appoints county welfare director as its agent to disburse county pauper fund under court’s directions, fund does not lose identity, and does not become money contribution for support and maintenance of county welfare office within the meaning of Section 207.060, RSMo 1949. Fund shall be paid to county welfare director and not to state collector of revenue. Contributions of services or quarters for support and maintenance of county welfare office are not money contributions within meaning of Section 207.060, RSMo 1949, and shall not be paid to state collector of revenue. County Court authorized to pay same directly to persons performing services or furnishing quarters for county welfare office.
15-56 June 21 AGRICULTURE.
EGGS.
Drivers of trucks making deliveries for a business duly licensed as a “retailer” under provisions of Chapter 196, Sec. 310 et seq., which drivers also solicit orders and sell eggs en route, are not required to obtain a retailer’s license.
15-56 Aug 13 MISSOURI RURAL REHABILITATION CORPORATION.
AGRICULTURE.
DEPARTMENT OF AGRICULTURE.
The Secretary of Agriculture or his delegatee does not have the power and authority to cancel State Rural Rehabilitation Corporation debts and obligations under the provisions of Public Law 518 (12 USCA § 1150 et seq.).
15-56 Aug 27 WAREHOUSES.
PUBLIC WAREHOUSES.
DEPARTMENT OF AGRICULTURE.
The provisions of Section 411.260 RSMo 1949, relating to the licensing of public warehouses is optional with “local public warehouses”, and such licensing is not mandatory.
18-56 Mar 1 TOWNSHIP ORGANIZATION.
BOARD MEMBER PERFORMING LABOR ON DISTRICT’S ROADS CANNOT BE CRIMINALLY PROSECUTED.
WHEN.
When a township board member is employed by board to maintain a district’s roads; accepts employment, maintains roads, and is paid from road district’s funds; absent facts showing violation of Sections 231.150 to 231.330 RSMo 1949; board member cannot be criminally prosecuted under provisions of Sections 231.320 and 231.330 RSMo 1949.
18-56 Apr 16 COUNTY.
COUNTY COURT.
COUNTY COLLECTOR.
SURETY BOND OF COUNTY COLLECTOR. LIABILITY FOR PREMIUMS.
Cedar County is liable for the payment of the premiums on the surety bond of the County Collector of that county for the year of 1956.
19-56 Jan 20 ELECTIONS.
ELECTION EXPENSES.
The same person may serve as a judge or clerk of a municipal bond election and at the same time serve as a judge or clerk of a special state referendum election, providing that such person is duly appointed by proper authority and can physically discharge the duties relating to both elections. Further, a county may recover from the state the expenses of conducting a special referendum election within the limits of the municipality where a municipal question is submitted to a vote at the same time and both elections are conducted by the same officials.
19-56 Jan 27 COUNTY COURTS.
CIRCUIT COURT’S BUDGETARY ESTIMATES.
1. The preparation of the budget for foster homes for neglected and delinquent juveniles is the function of the juvenile court, and the inclusion by the county court in the court’s budget for the circuit court’s estimate is a purely ministerial function for the county court.
2. Mandamus will lie to enforce the county court to perform this ministerial function.
19-56 Mar 12 COSMETOLOGY.
LICENSE.
CRIMINAL LAW.
Proper procedure to invoke against shops carrying on the practice of cosmetology without obtaining a certificate of registration or renewal thereof. Revocation or suspension of operator’s certificate practicing in such shops.
19-56 Apr 5 ASSESSOR.
ANTI-NEPOTISM DISCRETION.
QUO WARRANTO PROCEEDINGS.
(1) The assessor, Al Schwalm, has violated the anti-nepotism section (Section 6, Article VII, 1945 Missouri Constitution), and consequently, has forfeited his office. (2) It is within the discretion of the prosecuting attorney as to whether or not he shall bring an ouster action against the assessor. (3) The discretion to be exercised by the prosecuting attorney is not an arbitrary one, but one that must be exercised in good faith.
19-56 Apr 10 COUNTIES.
COUNTY POOR FUND.
COUNTY ROAD AND BRIDGE FUND.
COUNTY BUDGET.
1. Money derived from the sale by a county of dairy herds owned by the county must be deposited in the county poor fund.
2. The money derived from the sale of ninety per cent of machinery by a county must be deposited in the county road and bridge fund where ninety per cent of such machinery was originally purchased with money from the county road and bridge fund.
3. None of such moneys to be spent this year, but all should be kept in such funds and be accounted for and used for expenditures included in next year’s budget.
19-56 Apr 27 CONSERVATION COMMISSION. The Missouri Conservation Commission not authorized under present Constitution and laws to adopt a retirement program for employees.
21-56 Mar 5 TOWN MARSHAL.
COUNTY TREASURER.
OFFICERS.
COMPATIBILITY.
Offices of night marshal and county treasurer are compatible.
21-56 Apr 12 LINCOLN UNIVERSITY.
AUTHORITY OF BOARD OF CURATORS.
DALTON VOCATIONAL SCHOOL.
LEASE OF SCHOOL PROPERTY.
The Board of Curators of the Lincoln University has, in the absence of funds to carry on the operation of the vocational school as such, the authority to lease Dalton Vocational School for one year to an independent public school district.
21-56 June 14 Hon. E. Gary Davidson WITHDRAWN
22-56 Apr 11 PENITENTIARY.
PRISONS.
DEPARTMENT OF CORRECTIONS.
CORRECTIONS.
APPROPRIATIONS.
LEGISLATURE.
HOUSE OF REPRESENTATIVES.
POWER PLANTS.
House Bill No. 1, 68th General Assembly, Special Session, as perfected, authorizes and permits the construction of a power plant at the Medium Security Prison for which such bill appropriates money.
22-56 Aug 10 Hon. Richard J. DeCoster WITHDRAWN
24-56 Jan 20 GOVERNOR.
DEPARTMENT OF CORRECTIONS.
Governor of State has no authority to create position of Administrator of Safety and Fire Prevention in absence of statutory or constitutional authority to do so.
24-56 Feb 23 ELECTIONS.
COMMISSIONERS OF ST. LOUIS CITY CANNOT CHANGE CONGRESSIONAL DISTRICT BOUNDARIES.
Article III, Section 45 of the 1945 Missouri Constitution and Chapter 128 RSMo 1949 as amended by RSMo Cumulative Supplement 1955, pages 270 and 271, authorizes General Assembly only to subdivide state into congressional districts and change boundaries of same. Board of Election Commissioners of City of St. Louis cannot change boundaries of First and Third Congressional Districts in city.
24-56 Oct 31 ELECTIONS.
ABSENTEE VOTING.
Closing of voter registration in City of St. Louis pursuant to Sec. 118.240 RSMo 1949 does not prevent execution of absentee ballot subsequent to such closing date. Canvassers of absentee ballots measure qualifications of such voters by registration law applicable to City of St. Louis, Chap. 118 RSMo 1949, saving an exception to those voting an official war ballot.
24-56 Nov 26 SPECIAL REGISTRATION.
CITIES OF 600,000.
NOTICE REQUIRED.
WHO MAY REGISTER.
Under provisions of Section 118.240 RSMo 1949, St. Louis Board of Election Commissioners, in its discretion may hold special registrations at times and places other than board’s office, for voters prevented by illness, physical disability, or other valid reasons from registering at board’s office. Section requires previous notice of registrations and any notice, which in board’s judgment, clearly advises prospective registrants of time and place or places, reasonable time in advance of registration is sufficient. Notice to be given to registrants only residing at place of registration. In holding registration at place or places, board shall register prospective registrants residing there and is not required to open place or places to public, or to register any other persons who present themselves.
27-56 Sept 6 Hon. John S. Eskeles WITHDRAWN
31-56 June 8 OFFICERS. Offices of county treasurer of Third Class county and treasurer of Fourth Class city not incompatible and may be held by same person.
31-56 Oct 19 CRIMINAL LAW.
FALSE PRETENSES.
No conviction can be obtained under Section 561.450, RSMo 1949, for giving a check on a bank in which there is no account for a past due debt. Conviction can be had under Sections 561.460, RSMo 1949, and 561.470, RSMo 1949, for giving a check on a bank in which the maker has no account.
32-56 Apr 13 Hon. Edward W. Garnholz WITHDRAWN
32-56 Oct 15 LIQUOR.
LICENSEE.
LIABILITY.
An illegal sale of intoxicating liquor to a minor by an agent with the knowledge and consent of the licensee renders the licensee as well as the agent liable.
33-56 June 15 Hon. C. L. Gillilan WITHDRAWN
33-56 Sept 26 WORKMEN’S COMPENSATION. An application filed with the Workmen’s Compensation Commission against a self-insuring company or corporation, which states that the individual filing such application was a former employee of such company or corporation and that he was unjustly discharged from such employment because he had filed a claim for compensation, and was forced to sign a statement that he was being discharged for inefficiency, does not state sufficient grounds for revoking the self-insuring privilege of such company or corporation by the Workmen’s Compensation Commission.
35-56 Apr 5 COUNTY WELFARE OFFICE.
COUNTY COURTS.
Section 207.060, RSMo 1949 authorizes the county court to exercise its discretion as to whether or not county funds, services or quarters shall be contributed for support and maintenance of county welfare office; as well as amount and frequency of funds contributed. Fund contributions shall be paid to State Collector of Revenue and not to personnel of county welfare office.
35-56 Sept 13 ANIMALS.
RUNNING AT LARGE.
Criminal prosecution will lie against the owner of horses, mules, asses, cattle, hogs, sheep and goats when the owner knowingly and purposely refuses to restrain such animals from running at large and when for any reason such animals’ infirmity would render valueless the law providing for the sale thereof in such townships as have voted to have the stock law applied to the above enumerated animals.
35-56 Nov 1 COURT REPORTERS.
REPORTERS.
Sullivan County is required to pay its proportionate share of the expenses of the court reporter incurred in traveling to and attending court in Chariton County where such reporter does not reside in the latter county.
37-56 Feb 16 Hon. C. R. Hardy WITHDRAWN
37-56 Mar 12 GENERAL ASSEMBLY.
LEGISLATURE.
SPECIAL SESSION.
GOVERNOR.
GOVERNOR’S CALL FOR SPECIAL SESSION.
The Constitution prohibits action by the Legislature in Special Session on a proposed constitutional amendment, the subject of which is not included in the Governor’s call for such Special Session, or in any special message of the Governor to such Special Session.
37-56 Mar 30 LEGISLATURE.
LEGISLATIVE COMMITTEES.
COMMITTEES.
GENERAL ASSEMBLY.
SPECIAL SESSION OF THE LEGISLATURE.
CONSTITUTIONAL LAW.
Committees may be appointed to function during Special Session of the Legislature only as to matters within the call of the Governor or any special message of the Governor. Such committee may be created by resolution of one house and expenses thereof paid in the normal manner and from the usual funds.
37-56 Apr 10 ELECTIONS. The state would not be liable for the cost of conducting the election on the school foundation bill and cigarette tax in a county wherein a vacancy in the office of state representative is filled in the same election.
37-56 June 27 CHIROPODY EXAMINATION. It would not be lawful for the State Board of Chiropody to accept the examination of the National Board of Chiropody Examiners as a written examination given by the State Board and in lieu of such an examination by the State Board.
37-56 Sept 21 APPROPRIATIONS.
MISSOURI STATE PENITENTIARY.
Section 13850 of House Bill 588 of the 68th General Assembly appropriates funds chargeable to Post War Reserve Fund to Missouri State Penitentiary for making additions, repairs and replacements, for constructing and equipping industrial buildings. Appropriation can only be used for purposes authorized, no part of same can be used to erect a barn on State Church Farm.
38-56 Oct 19 WORKMEN’S COMPENSATION.
STATE IS AN EMPLOYER.
EXEMPTED EMPLOYMENTS.
DEPARTMENT OF CORRECTIONS.
Legislative action necessary to give Department of Corrections authority to accept Missouri’s Workmen’s Compensation Law. Director of Department of Corrections, and Department of Corrections, which are created by the legislature, have no authority to accept Missouri’s Workmen’s Compensation Law.
39-56 Feb 14 PROBATE COURT.
DESIGNATION OF SESSIONS IN COURT RECORDS.
SHERIFF’S FEES.
POSTAGE FEES.
A session or non-regular session during a term is not a session in vacation; sheriff is entitled to fees only on days court is in session. Letters testamentary may be granted even though the court is not in session. Fees for mailing notices are to be remitted to the state. Collections made for postage actually expended may be retained by the county.
39-56 Feb 27 CITIES.
TOWNS.
VILLAGES.
PETITION FOR INCORPORATION.
SIGNATURE.
WITHDRAWAL OF SIGNATURES.
(1) Under Section 80.020, RSMo 1949, a taxable inhabitant who may petition for the incorporation of a town is one who has attained his majority and owns property located within the boundary of the proposed town which is subject to taxation. (2) The county court must be satisfied that a village or town actually exists and that the lands included therein have a reasonable relation to such village for a petition for incorporation to be reasonable. (3) Those who have signed a petition for incorporation may withdraw their signatures at any time before hearing is held by the county court to determine if the petition bears the signature of a sufficient number of qualified inhabitants.
39-56 Apr 24 MOTOR VEHICLES.
DRIVER’S RESPONSIBILITY LAW.
COUNTIES.
BONDS.
County court may not deposit county funds as security for county employee to retain his driving license.
39-56 Oct 26 ELECTIONS.
VOTERS.
ABSENTEE BALLOTS.
REGISTRATION OF VOTERS.
In cities of ten thousand, person must be registered in order to be eligible to case absentee ballot.
40-56 Jan 12 ST. LOUIS.
CONSTITUTIONAL LAW CITY CHARTER.
A charter adopted by St. Louis City under provisions of Sec. 32(b) of Article VI of the constitution cannot include provisions for eliminating or changing the method of selecting officers to fill “county offices”.
40-56 Mar 2 UNIFORM SUPPORT OF DEPENDENTS ACT. A Prosecuting Attorney should represent the plaintiff in any proceeding under the Uniform Support of Defendents Law in his county, whether such plaintiff resides in his county or in another state, upon, and only upon, the request of the court in which such proceeding is lodged or of the state division of welfare to do so.
40-56 Mar 12 INTOXICATING LIQUORS. Railroad licensees must purchase from Missouri wholesalers and under price posting law.
40-56 Mar 14 SCHOOLS.
SCHOOL DISTRICTS.
TAXATION.
School district which did not levy at least one dollar for school purposes in 1955 does not qualify for state aid in current school year under Senate Bill No. 3. Amounts previously paid may be deducted from apportionment for following school year.
40-56 Mar 30 CITIES, TOWNS AND VILLAGES. Described financial statement does not meet requirements of Section 79.160 RSMo 1949.
40-56 June 27 ELECTIONS.
ABSENTEE BALLOTS.
APPLICATION.
HOW MADE.
Qualified elector expecting to be absent from his county, or prevented because of illness or physical disability from voting in regular way at home precinct on election day, may apply to county clerk or other officer required to furnish ballots, for absentee ballot within time and manner provided by Sections 112.020 and 112.030, RSMo 1949. Application can be made personally by elector, or by written application sent first class mail, but application cannot be made or sent by elector’s agent.
40-56 Oct 19 COUNTY COURT.
ELECTIONS.
POLLING PLACES.
County court not authorized to submit question of relocating polling places to voters at general election in 1956.
41-56 Jan 11 DELINQUENT TAXES.
LAND SALE.
INNOCENT PURCHASER.
RECOVERY OF PURCHASE PRICE AND TAXES.
An innocent purchaser of land at a tax sale for delinquent taxes, which sale is held by mistake of the collector, can recover the purchase price of the land and the total sum of any taxes which he may have paid upon the land.
41-56 Apr 18 CITIES.
BOARD OF ALDERMEN.
POWERS OF BOARD OF ALDERMEN.
FUNCTIONS OF CITY.
MONEY IN THE GENERAL FUND.
CITY HALL.
PLAYGROUND SITE.
(1) A fourth class city, through its board of aldermen, may purchase land to be used for a city hall or playground site. (2) The money in the general fund may be used in payment for such lands.
41-56 May 10 CITIES OF THE FOURTH CLASS.
SURPLUS WATERWORKS FUNDS.
Surplus funds of a waterworks system of a city of the fourth class may be invested in government bonds or placed on time deposit in a depositary.
41-56 July 12 COUNTIES.
COUNTY COURTS.
LEGAL PUBLICATIONS.
The compensation to be allowed to the editor of the newspaper for publishing a county financial statement would be governed by the rates specified in Section 493.030 RSMo Cum. Supp., 1955, unless a lesser amount was otherwise agreed upon.
41-56 Aug 2 Hon. Haskell Holman WITHDRAWN
41-56 Aug 20 SCHOOLS.
SCHOOL DISTRICTS.
School board may pay teacher only salary specified in contract for services encompassed by contract; board may make separate agreement for other services not included within scope of teaching contract; salary schedule may be included in teacher’s contract and must be made part of contract to be effective.
41-56 Aug 27 COURT REPORTER.
REPORTER.
One-fourth of the compensation allowed to be temporary court reporter, under the provisions of Chapter 485 RSMo Cum. Supp., 1955, is payable out of the state treasury. The state’s part of the compensation allowed to a temporary court reporter is in addition to the amount that the state is obligated to pay the regular court reporter.
41-56 Sept 13 SCHOOL BONDS.
BUILDING FUND.
INTEREST FUND.
Section 165.110, Mo. Cum. Supp. 1955, provides that the money received from the sale of building bonds should be placed in the building fund, whether the money received in exchange for the bonds is the par value of the bonds, below par, or above par.
41-56 Nov 28 COURT REPORTER.
REPORTER.
The state’s portion of the compensation due a temporary court reporter should not be computed on a basis of so much per day, but should be computed on the same as the compensation authorized the regular court reporter.
41-56 Dec 7 MISSOURI REAL ESTATE COMMISSION. A real estate licensee does not jeopardize his license under Section 339.100, Clause 11, RSMo 1949, when he sells houses of a manufacturer, even though that manufacturer is conducting contests, and presenting as prizes, free houses and lots.
41-56 Dec 7 MISSOURI REAL ESTATE COMMISSION. Licensees selling real estate in connection with which a contest is being held are not jeopardizing their licenses if contest is not for the purpose of influencing purchasers or prospective purchasers of real property.
42-56 June 21 SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN. (1) The receipt of supplemental benefits under the Ford Motor Company or General Motors Corporation Supplemental Unemployment Benefit Plan does not prevent the receipt of state unemployment benefits to an individual while unemployed. (2) The amounts which are set aside to pay supplemental benefits under this plan are not taxable as wages under Section 288.090, RSMo 1955, Supp.
43-56 Jan 11 Hon. Harold S. Hutchison WITHDRAWN
43-56 May 22 MISSOURI HIGHWAY COMMISSION.
PROFESSIONAL ENGINEERS AND SURVEYORS.
Professional engineers not registered as land surveyors cannot make surveys for said Commission. Professional engineers employed by said Commission may make surveys for Commission without necessity of registering as land surveyor.
44-56 June 25 TOWNSHIP ORGANIZATION COUNTIES.
COUNTY HIGHWAY ENGINEER.
ROADS.
1. In township organization county the county court must have approval of county highway engineer in establishing or changing a road.
2. In township organization county the county court must have approval of county highway engineer in vacating a road.
45-56 Jan 31 ELECTIONS.
CENSUS.
CITIES.
Under Section 113.530, RSMo 1955 Supplement, the Jackson County Board of Election Commissioners will conduct elections in the city of Raytown, which according to a census taken by the city has a population of 11,700.
46-56 Feb 20 COMPATIBILITY OF OFFICES.
CORONER AND MAGISTRATE.
Magistrate cannot hold both offices of magistrate and coroner at the same time for the reasons the duties are incompatible, each with the other.
46-56 Mar 6 LIBRARIES.
CITY LIBRARIES.
CONSTITUTIONAL LAW.
OFFICERS.
Provision limiting term of members of board of trustees of city library applicable to incumbents as well as those elected to board in future for first time.
49-56 Jan 27 MAGISTRATE COURTS.
COSTS.
The court is authorized to require a reasonable deposit or security for costs.
49-56 Mar 8 COUNTIES.
TAXATION.
STATE TAX COMMISSION.
INCREASE OF ASSESSMENT.
ASSESSMENTS.
Increase of ten per cent or more in assessed valuation of a county made pursuant to order of the State Tax Commission before the county court finally sets the tax rate does not bring into operation the provisions of Section 137.073, RSMo Cumulative Supplement 1955.
49-56 June 11 COURT REPORTERS.
FEES.
Construction of Section 485.100, MoRS Cum. Supp. 1955. Time when official court reporter may submit bill for making up a transcript requested by the court on an appeal by a poor person. When state or county is liable for such costs. Procedure for reimbursement to county by state when liability is that of state.
50-56 Jan 27 MOTOR VEHICLES.
ABANDONMENT.
In order to constitute abandonment of property, the owner must voluntarily abandon with no intention of retaking.
50-56 Feb 17 ENGINEER.
COUNTY ENGINEER.
A county court would be justified in paying a county engineer for county work done by the engineer on holidays and Sundays.
51-56 May 24 TOWNSHIPS.
OFFICERS.
PUBLIC OFFICERS.
SALARY.
COMPENSATION OF OFFICERS.
Township trustee and members of the township board elected before the effective date of Section 65.230 RSMo 1955 Cum.Supp., may not receive the increased compensation authorized therein during their present term of office. Officers whose terms began after said Act took effect may receive the increased compensation.
51-56 June 13 CRIMINAL COSTS. 1. Fees of witnesses for a defendant who has taken an appeal as a poor person are not paid by the state or county.
2. Fees of rebuttal witnesses used by the state, whose names have not been endorsed upon the information, are taxable against the state where the prosecuting attorney in writing orders subpoenas to be issued to them and when the prosecuting attorney shall file an affidavit that witnesses ordered by him are necessary to a complete adjudication of the case.
52-56 Mar 7 INSURANCE. Insurance companies subject to Sections 379.205 to 379.310 RSMo 1949, are not exempt from the provisions of Section 376.400 RSMo 1949 when issuing regular accident and health policies, and such companies may include a death benefit payment in comprehensive automobile casualty and liability policy without making such policy a regular accident and health policy required to be filed and approved under Section 376.400, RSMo 1949.
52-56 May 4 INSURANCE. Articles of Incorporation of Consumers Life Insurance Company.
52-56 July 24 INSURANCE. Articles of Incorporation of Automobile Owners Association Insurance Company.
52-56 Aug 1 INSURANCE. Proposed Death Benefit Plan of V.F.W. involves transacting life insurance business, and licensing provisions of Missouri Insurance Code must be met.
52-56 Nov 15 INSURANCE. Articles of Incorporation of Heuer-Williams Mutual Insurance Company.
53-56 Jan 10 ELECTION.
COURTS.
CAPE GIRARDEAU COURT OF COMMON PLEAS.
NOMINATIONS.
Special election to fill vacancy in office of judge of Cape Girardeau Court of Common Pleas may be called for any time at discretion of Governor; not less than ten days’ notice to be given; candidates may be nominated by party judicial committees or by petitions of nomination; election to be conducted under Chapter 111, RSMo 1949.
53-56 Mar 1 Hon. Stephen N. Limbaugh WITHDRAWN
53-56 Mar 12 COUNTIES.
STATE PARK BOARD.
Conveyance by county to State Park Board is supported by adequate consideration where Park Board agrees to maintain and develop land as a part of the state park system.
58-56 Apr 30 DRAINAGE DISTRICTS.
COUNTY.
TAX BOOKS.
The making up of the tax books of a drainage district organized in the county court of any county in Missouri, under Chapter 243, RSMo 1949, and the entries to be made in such tax books by the county clerk should be in conformity to the directions in subsection 2 of Section 243.350, Laws of Missouri 1953, pages 538, 539.
59-56 Mar 1 COUNTY COURTS.
SCHOOL DISTRICTS.
ASSESSMENTS.
(1) The valuation of government- owned lands for purposes of apportioning moneys to school districts is to be made by the county court as is provided in the first sentence of Section 12.100 Cum. Supp. 1955. These lands are to be evaluated by the county court as if they were privately owned. (2) The amount of land to be assessed depends upon the particular district. As to any district entitled to apportionment of these moneys, the amount of land to be assessed shall be the amount that the district could have assessed but for the acquisitions of the land by the government. (3) Any district which would have had land to assess but for the acquisition of these lands by the government is entitled to apportionment. This includes any reorganized district which is now composed of any district or any part of any district that could have assessed the land but for the acquisition thereof.
59-56 Mar 19 WAIVERS OF PRELIMINARY HEARINGS.
WAIVERS OF WRITTEN RECORD OF WITNESSES’ TESTIMONY.
WAIVER OF WITNESSES’ SIGNATURES.
(1) A defendant may waive his right to a preliminary hearing under Sec. 544.250 RSMo 1949, and Supreme Court Rule 23.02 RSMo 1955, in any criminal proceeding.
(2) A defendant may waive the written record and signatures referred to in Sec. 544.370 RSMo 1949, and Supreme Court Rule 23.12 RSMo 1955.
59-56 Sept 20 SCHOOLS.
SCHOOL DISTRICTS.
TAXES.
In the event the assessed valuation of real or personal property is increased by the action of the assessor by ten per cent or more over the prior year’s valuation and such increase is permitted to stand by the action of the county board of equalization and the State Tax Commission, it is the duty of the various school boards of the county to adjust the tax rates in accordance with and by virtue of the provisions of Section 137.073, RSMo Cum.Supp. 1955.
59-56 Nov 20 TAXATION.
PUBLIC PROPERTY.
TAXATION OF PROPERTY HELD BY CHARITABLE CORPORATION.
LIABILITY OF TENANTS IN COMMON FOR TAXES.
Persons owning realty on January 1 of each year are liable personally for the tax thereon for the following tax year. Land against which taxes are levied and assessed while under private ownership becomes immune from proceedings to enforce the tax lien and collect those taxes when title to said land is transferred to the State of Missouri. A cotenant is liable only for the taxes on his individual undivided interest and not for taxes due on undivided interests of fellow cotenants.
60-56 May 4 SCHOOLS. A regulation passed by a school board stating that no child could enter the first grade unless he became six years of age prior to September 15th is not a denial of his legal right and is not unreasonable.
60-56 June 12 Hon. Lewis M. Means WITHDRAWN
62-56 June 14 SCHOOLS.
ELECTIONS.
Statutory common school district meeting may adjourn promptly upon completion of official business.
62-56 Sept 18 ELECTIONS.
WRITE-IN AT PRIMARY.
WHEN POLITICAL COUNTY COMMITTEE CAN FILL VACANCY.
Names of persons written in on primary ballot should not be placed on ballot at official election; that Section 120.550, Mo. Cum. Supp. 1955, authorizes party committee to fill vacancy when candidate dies or resigns before primary but after last day in which any other party may file; that same section does not authorize committee to fill vacancy when no one files; and that same section does not require party committee to fill vacancy before primary.
63-56 Jan 20 Hon. J. Whitfield Moody WITHDRAWN
63-56 May 31 MOTOR VEHICLE.
DRIVER’S LICENSE.
CONVICTION.
A driver’s license may not be revoked or suspended for one conviction of careless and reckless driving although party may have been guilty of careless and reckless driving resulting in the death of another.
63-56 Sept 24 ANIMALS.
MISSOURI STOCK LAW.
A township may hold an election as to whether the stock law is to be retained in such township even though the township has previously voted to adopt the stock law or even though the county in which the township is located has had such an election, has voted to adopt the stock law. Also, once a county has voted to adopt the stock law, there is no authority for it to again vote upon the same issue.
64-56 Jan 20 TAXATION.
CIGARETTE TAX.
Cigarette tax collections should be deposited in state treasury pending outcome of litigation regarding its constitutionality.
64-56 Apr 9 EDUCATIONAL AND RELIGIOUS CORPORATIONS.
EXEMPTION FROM TAXATION.
PROPERTY INCAPABLE OF DIVISION.
(1) The real estate owned by the Belin Memorial University is exempt from taxation to the extent that it is used exclusively for educational and religious purposes. (2) Any property now being used exclusively for religious and educational purposes which subsequently may be used otherwise, will become subject to taxation upon such use. (3) Only the property which is used otherwise than for religious and educational purposes is subject to taxation, except that property incapable of division, some of which is used exclusively for religious and educational purposes and some of which is used otherwise, is taxable in its entirety.
64-56 July 11 MUNICIPALITY.
BONDS.
SECRETARY OF STATE.
Bonds issued by municipalities of Alabama under Act of General Assembly of Alabama, 1956, not subject to registration in this state under Section 409.040, RSMo 1949.
66-56 May 31 DEPARTMENT OF CORRECTIONS.
DENTAL CARE TO INMATES.
Statute placing general supervision over care of inmates implies the responsibility to furnish dental care.
66-56 Oct 10 STATE PURCHASING AGENT.
DIVISION OF PROCUREMENT.
The failure of a department to make such reports as are required by law would not relieve the State Purchasing Agent from his duty of maintaining a current inventory of removable property owned by the state. Further, the duty to maintain such inventory does not extend to removable property purchased by those departments not subject to the State Purchasing Agent’s Act, and obtained under such exemption.
68-56 Jan 20 REFUSE DISPOSAL AREA.
JUNK DEALERS.
SALVAGE YARDS.
LICENSE.
A junk dealer who operates a salvage or junk yard would not be obliged to procure a license to operate a refuse disposal area, and a dealer who operated a used-car salvage supply lot will not be obliged to procure a license to operate a refuse disposal area.
68-56 May 31 SURVEYORS. A person who is not registered with the state board of registration for architects and professional engineers as a land surveyor may not lawfully practice, advertise or indicate to the public that he is engaged, or will engage, in land surveying; such a person may offer for recordation any papers relating to land surveying prepared by him prior to the effective date of the act; a paper prepared, signed and sealed by a person registered as a “registered professional engineer” may not be accepted for recordation, unless such person is an employee of the state.
68-56 Nov 28 ELECTIONS.
COUNTY CLERK.
The county clerk in canvassing returns of an election cannot go behind the return unless, upon a comparison of the poll books and tally sheets, there is found a discrepancy, then he shall issue a certificate of election to the candidate receiving the highest number of votes as shown by the tally sheets.
69-56 May 25 PUBLIC RECORDS.
PROBATE COURT.
COUNTY COURT.
Assessment lists in custody of county court may be destroyed when in compliance with provisions of Section 109.150, MoRS Cum. Supp. 1955. School enumeration lists cannot be destroyed and only the vouchers and receipts in any estate filed in probate court may be destroyed and then only in compliance with the provisions of Section 472.280, Subsection 2, MoRs Cum. Supp. 1955.
69-56 May 31 Hon. James L. Paul WITHDRAWN
69-56 June 25 MISSOURI STATE PARK BOARD.
TITLE.
REAL ESTATE.
Missouri State Park Board unauthorized to acquire right of way easement from Highway 66 to Meramec State Park.
69-56 Sept 24 TAX SALE.
LAND SOLD FOR TAXES.
REDEEM – WHO MAY.
Owner may redeem land sold for taxes. Occupant or person may redeem, if transfer may affect their rights; and agent of record owner may redeem if he has authority to redeem. Stranger to land cannot redeem.
70-56 June 4 Hon. Richard K. Phelps WITHDRAWN
70-56 Oct 22 TAXATION.
EXEMPTION OF HOUSEHOLD GOODS.
Sec. 137.120, RSMo 1949, providing that an assessment list shall contain a statement of each piano, other musical instruments, radios, clocks, watches, chains and appendages, sewing machines, washing machines, refrigerators, gold and silver plates, jewelry, household and kitchen furniture of person assessed, if repealed will not thereby exempt such personal property from taxation. All laws attempting to exempt such personal property from taxation not owned by this state, any county or other political subdivision or nonprofit cemeteries, and held for profit and is not used exclusively for religious worship, schools and colleges, for purely charitable or for agricultural and horticultural societies, are in violation of Art. X, Sec. 6, Const. of Mo., and such laws are void.
72-56 Apr 11 COUNTY COLLECTOR.
COMPENSATION.
TAXATION.
COUNTIES.
COMMISSIONS.
COLLECTOR.
DRAINAGE DISTRICTS.
County collector of second class county charges commissions for collection of current taxes and drainage district taxes and pays such commissions to county treasury.
72-56 May 16 STATE LIBRARIAN.
MAY HOLD STATE LIBRARY MEETINGS AND DISTRICT LIBRARY INSTITUTES.
State librarian authorized under provisions of Section 181.030 RSMo 1949 to hold State library meetings and district library institutes referred to in Section 182.110 RSMo Cumulative Supplement 1955.
72-56 June 7 SCHOOLS.
SCHOOL DISTRICTS.
Where extended boundary lines of two school districts intersect at a point so that districts touch, they “adjoin” within the meaning of Sec. 165.300, RSMo 1949, so that one may be annexed to another.
72-56 Nov 2 COUNTY LIBRARIES.
TAXATION.
STATE AID.
1. Delinquent taxes collected for a public library during any fiscal year are to be counted in determining if tax income for such year yields one dollar or more per capita according to latest Federal census so that Library is eligible for State aid in accordance with second standard of Subsection 2 of Section 181.060, Cumulative Supplement 1955. 2. That if tax rate voted for a public library is one or more mills and rate collected is less than one mill, but such tax income yields one dollar or more per capita for previous year, according to population of latest Federal census, as provided by second alternate standard of Subsection 2, Section 181.060 Cumulative Supplement 1955, such library is entitled to State aid.
72-56 Dec 5 LEGISLATIVE RESEARCH COMMITTEE. Legislative Research Committee cannot validly pay out of the general appropriation fees of attorneys employed by it to render legal opinions on Attorney General’s opinion, nor of secretaries assigned to these attorneys.
Has no authority to pay costs or attorney’s fees in a lawsuit filed by a state senator attempting to collect payment of expenses he claims he is entitled to receive for attending Senate Committee Meetings.
73-56 Jan 5 STATE MENTAL HOSPITALS.
PERSONAL PROPERTY OF INMATES.
DISPOSITION.
In a situation where a patient leaves a mental hospital on discharge or convalescent leave, and leaves in his personal account at the hospital unclaimed funds, there is no existing means by which any disposition can be made by the hospital of these funds. Further, in a situation where a patient in a state mental hospital dies, or leaves the state mental hospital on convalescent leave or discharge and in either situation leaves at the state mental hospital personal property which is unclaimed, such property may become the property of the state hospital as “abandoned property,”, in those cases where the fact situation brings the property within the purview of the law holding property to be abandoned.
75-56 Apr 6 VOTER REGISTRATION. All unregistered residents of Joplin are required to register before being eligible to vote, in primary and general elections, regardless of the county in which such city residents may reside.
75-56 Sept 24 Hon. James T. Riley WITHDRAWN
77-56 Dec 10 STATE VETERINARIAN.
VETERINARY BOARD.
AGRICULTURE.
A person is entitled to a non-graduate license to practice veterinary medicine only if such person has, for each year during the twenty years immediately preceding the effective date of Section 340.040 RSMo Cum. Supp. 1955, made the greater percentage of his income from the treatment of animals, and who has resided in the same town or community during said period.
78-56 Mar 15 ELECTIONS.
COUNTIES.
Registration lists or cards in counties having more than 200,000 inhabitants and less than 450,000 inhabitants are public records and subject to inspection by the public.
81-56 Feb 24 STATE TRAINING SCHOOLS.
APPROPRIATIONS.
Any money appropriated for the State Training School at Tipton should not be paid to the State Training School at Chillicothe, after the transfer of the inmates of the Tipton School to the School at Chillicothe. Also, the $15.00 per month paid to the various schools by the county from which the inmate comes, should, after the transfer of the inmates of the Tipton School to the School at Chillicothe, be paid to the Chillicothe Institution for each transferee from the Tipton School.
81-56 June 12 ANIMALS.
DOGS.
COONS.
COON ON A LOG.
BAITING OF ANIMALS.
“Coon on a Log” constitutes baiting in violation of Section 563.660 RSMo 1949.
82-56 May 7 POLICEMEN.
“OFFICERS”.
MERIT SYSTEM POLICE DEPARTMENT.
RESIDENCE AND VOTING REQUIREMENTS OF OFFICERS.
A chief of police under the Merit System Police Department is an officer under Section 77.400 RSMo 1949, and, consequently, would have to comply with the provisions of Section 77.380 RSMo 1949.
82-56 May 31 COUNTY TREASURER.
ELECTION REQUIREMENTS UPON A CHANGE OF COUNTY CLASSIFICATION.
Notwithstanding the requirement in a class 2 county that a treasurer shall be elected in 1948 and every four years thereafter, the county treasurer in a class 2 county elected in 1954, when the county was a class 3 county, is entitled to hold office until the end of 1958 and until her successor is elected or appointed and qualified.
82-56 July 25 CONSTRUCTION OF SECTION 415.050 RSMO 1949. No criminal prosecution will lie against a person, company, or corporation for using the word “storage” in their advertisements even though such person, company, or corporation is not engaged in the storage business and is not licensed as a warehouse.
83-56 May 7 CIVIL DEFENSE.
WORKMEN’S COMPENSATION.
Volunteer workers in civil defense not “employees” within the meaning of Workmen’s Compensation law.
84-56 June 11 PROBATE COURT.
PUBLICATION OF NOTICE.
In specifying the date in a notice for hearing on petition for sale by probate court, the date must be fixed not later than seven days after twenty-eight days following the date of the first publication of notice.
86-56 June 21 PROBATE COURTS. Sec. 472.040 RSMo 1949, Cum. Supp. 1955 prescribes rules for taxing costs in probate proceedings. Costs properly taxed against estate with insufficient funds not collectable. Fees taxable under Sec. 483.580 RSMo 1949 in counties of less than 30,000 inhabitants and remaining unpaid for one year after being reported under said statute are to be collected by State Director of Revenue. Fees accruing under Sec. 483.580 RSMo 1949 are to be collected from estate or from persons requiring services named in statute. Failure of executors and administrators to pay costs properly taxed necessitates looking to official bonds for collection.
86-56 Oct 3 COUNTIES.
COUNTY COURT.
DISPOSAL AREAS.
County Court may not rescind order entered under Section 64.483, making County Option Dumping Ground Law operative within its county.
87-56 Apr 23 PROBATE CODE.
EXECUTORS AND ADMINISTRATORS.
EMPLOYMENT OF ATTORNEY.
Effect of new probate code law as to attorneys and executors or administrators in the administration of an estate.
89-56 Feb 23 SECRETARY OF STATE.
POWER OF SECRETARY OF STATE.
FLAG OF MISSOURI.
GREAT SEAL OF MISSOURI.
The Secretary of State of Missouri does not have the authority to grant permission for the use of the Flag or Great Seal of Missouri to any of the following: (1) Private firms for commercial purposes (2) Fraternal, benevolent and other nonprofit organizations for noncommercial purposes (3) Candidates for political office.
89-56 Feb 28 OFFICERS.
DEPUTY CIRCUIT CLERKS AND EX OFFICIO RECORDERS.
FOURTH CLASS COUNTIES. APPOINTMENT.
QUALIFICATION.
COMPENSATION.
By proceeding in nature of quo warranto the Supreme Court of Missouri found Elvis Mouser had usurped the office of Circuit clerk and recorder of Bollinger County, Missouri since January 8, 1955, and ordered him ousted from office and emoluments as of that date; that Mrs. Medford J. Taylor was the legally appointed and qualified clerk as of said date. Mrs. Juanette Wagner is the legally appointed and qualified deputy of Mrs. Taylor and is entitled to receive monthly compensation fixed in the circuit court’s order approving appointment on January 10, 1955 from said date as long as she is so employed.
89-56 June 26 APPROPRIATIONS.
PUBLIC PRINTING.
Expenses incident to the publication of Constitutional Amendment No. 1, voted upon January 24, 1956, and not covered by the provisions of Section 12 of House Bill 5 (Special Session), may be paid from funds available for printing under the provisions of Section 4.130 of House Bill 4, adopted by the 68th General Assembly.
89-56 Oct 19 SCHOOLS.
SCHOOL DISTRICTS.
When school site is abandoned and land reverts to original grantor, school district in removal of buildings not obligated to remove foundation stones, to fill basements, pump pits, etc. Board in six-director district without authority to lease lands or buildings for private purposes for gain.
90-56 Apr 18 MERCHANT’S TAX.
TAXATION.
NURSERIES.
Owners of plant nurseries who maintain sales facilities on the nursery premises and who do not have a regular stand or place of business away from such premises are not merchants subject to the merchant’s tax as provided in Section 150.040, RSMo 1949.
90-56 May 22 SCHOOL ELECTION.
BALLOT.
NOTICE OF ELECTION.
(1) All propositions to be voted on may appear on one ballot under Section 165.330, Cum. Supp. 1955. (2) Only the levy which was not properly advertised need be resubmitted for a vote. Neither the levy for the building fund nor the election of board members need be resubmitted to a vote. (3) The election of board members would not be void where only one blank space was provided for two write-in candidates. (4) That part of the election, which is in compliance with the requirements of the law, is valid irrespective of the fact that other parts of the election are invalid.
90-56 July 12 COUNTY BOARD OF EQUALIZATION.
STATE TAX COMMISSION.
TAXATION.
In the event a county board of equalization raises the assessed valuation of properties within the county, notice of such action should be given to the person owning or controlling the property affected, in person or by mail, if the address is known, and valid notice by publication can only be effected where the address of such person or persons is unknown. Further, in performing their duties in regard to intracounty equalization, the county board of equalization must maintain the aggregate assessed valuation as previously fixed and determined by the state tax commission.
90-56 July 30 ELECTIONS. Persons registered under old law may vote at primary in Jackson County in 1956.
92-56 Feb 24 TRANSPORTATION.
INTOXICATING LIQUOR.
The moving of intoxicating liquor for even a very short distance constitutes “transportation” as that word is used in Section 311.410 RSMo 1949.
93-56 Jan 31 MOTOR VEHICLES.
ROADWAYS.
PLACE OF DRIVING.
A motorist who operates a motor vehicle upon a one-way roadway in such a manner as to endanger the life or property of others may be prosecuted therefor.
93-56 Mar 1 COUNTY COURT.
FLOOD CONTROL ACT.
After allocating federal flood control funds to schools and for roads, county court may exercise discretion in using balance for any proper county purpose.
93-56 Apr 2 COUNTIES.
CLASSIFICATION OF COUNTIES.
MUNICIPALITIES.
CITIES.
POLICE.
POLICE RETIREMENT SYSTEMS.
FIREMEN.
FIREMEN’S RETIREMENT SYSTEMS.
FIRE DEPARTMENTS.
The City of St. Louis is not a city in a county of the first class within the provisions of Section 86.400 RSMo Cumulative Supplement, 1955.
93-56 Aug 27 NEPOTISM. School director voting to appoint one to fill vacancy on board of which he is a member; appointee being stepson of director’s wife’s uncle; there is no relationship between director and appointee within fourth degree either by consanguinity or affinity and director does not violate nepotism provision of Art. 7, Sect. 6, Constitution of Missouri 1945, and does not forfeit office.
93-56 Sept 17 NEPOTISM. A school board member is not related in fourth degree, either by consanguinity or affinity, within meaning of Art. VII, Sec. 6, Const. of Mo., 1945, (1) to a bus driver of district whose wife is first cousin of board member’s wife or (2) to a bus driver of district who is brother-in-law of wife of board member.
94-56 June 4 HIGHWAY COMMISSION.
TRESPASSING.
SURVEYS.
State Highway and its agents not liable for trespassing when entering upon private property for purpose of making preliminary survey.
96-56 Feb 17 SCHOOLS.
SCHOOL DISTRICTS.
STATE SCHOOL MONEYS.
Institutions of higher learning ineligible for apportionment of state school money under Senate Bill No. 3 or House Bill No. 182, 68th General Assembly.
96-56 Mar 22 SCHOOLS.
SCHOOL DISTRICTS.
ELECTIONS.
When because of extension of city limits boundaries of city school district are extended, respective boards of education may adjust and apportion property and liabilities of districts prior to July 1. Qualified voters in area so annexed to city district may vote in city district at April election following decree or vote extending city limits.
96-56 Apr 18 BOARDS OF EDUCATION.
SCHOOL DISTRICTS.
ANNEXATION OF DISTRICTS.
TRANSPORTATION OF SCHOOL CHILDREN.
Boards of education are authorized under Section 165.303, RSMo 1949, to transport pupils from territory annexed prior to, as well as subsequent to, the effective date of this section.
96-56 Apr 26 Mr. Hubert Wheeler WITHDRAWN
96-56 May 10 SCHOOLS.
SCHOOL DISTRICTS.
CONSTITUTIONAL LAW.
Children residing on federal lands comprising Fordland Air Force Station may attend school in school district within which such lands lie and attendance may be counted in apportioning state aid.
96-56 June 1 AUTHORITY OF COUNTY BOARD OF EDUCATION.
AUTHORITY OF STATE BOARD OF EDUCATION.
REORGANIZATION PLANS.
(1) A county board of education may withdraw a proposed plan of reorganization prior to the time the state board of education has acted thereon. (2) The State Board of Education is authorized to comply with a request of the County Board of Education to withdraw a proposed plan of reorganization.
97-56 June 4 TAXATION.
TAX SALES.
COUNTY COLLECTOR.
A publication of notice requisite to the sale of lands for taxes directed merely to the “'heirs of” a certain person is insufficient and would render a sale based thereon invalid even though that was the method by which the owner was actually listed on the land tax book. In the event the proceeds arising as a result of an invalid sale are refunded to the purchaser out of the county general revenue fund the proceeds of a subsequent valid sale should be paid over to general revenue.
97-56 June 7 MOTOR VEHICLES.
CRIMINAL LAW.
INFORMATIONS.
Proposed information for violation of provisions of Section 304.010, MoRS 1949, sufficient to fully apprise the one charged of the offense committed.
97-56 Nov 9 MAGISTRATES.
MOTOR VEHICLES.
MOTOR VEHICLES OPERATORS’ LICENSES.
Driver’s license may be suspended as habitual reckless or negligent driver for conviction of two charges of reckless and careless driving within two years, even though one conviction occurred prior to effective date of re-enacted statute.
98-56 Mar 12 PUBLIC HEALTH & WELFARE, DEPT. OF.
WELFARE, DIVISION OF.
Attorney for division may act as referee on appeals to Director of Department and may participate in hearings.
99-56 May 24 CONCEALED WEAPONS. Sheriffs, deputy sheriffs, police officers, member of the highway patrol, town marshals, judges of courts, and all persons deputized by any of the above persons to aid in conserving the peace, or to serve criminal or civil process, are exempt from the provisions of Section 564.610. Further, that firearms capable of being concealed upon the person which were acquired prior to the enactment of the law requiring a permit before acquiring such firearms, does not apply to firearms so acquired prior to the enactment of the law. Further, the above section does apply to firearms acquired by Missouri residents in other states, or to firearms acquired by inheritance.
99-56 May 24 SOCIAL SECURITY.
DEPUTY RECORDERS.
COUNTY EMPLOYEES, WHEN.
Deputies and assistants to recorder of deeds , third class township organization counties, who are appointed and paid compensation under provisions of Sec. 59.250, Laws of Mo. 1953, p. 372, are “county employees” within meaning of Old Age and Survivors Insurance Law, Ch. 105, RSMo Cum. Supp. 1955, and Federal Social Security Laws, if county has sufficiently complied therewith to have employees covered. In such event, counties are liable for employers’ portion of tax required by Sec. 3111, Subchapter (b), Federal Insurance Contributions Act.
99-56 Aug 10 DOWER. If a husband dies intestate a widow gets one-half of the lands of her deceased husband if the husband is survived by issue and if he died after January 1, 1956; under the new Probate Code dower which was not vested was abolished as of January 1, 1956.
99-56 Oct 23 PROBATE COURTS.
CLERKS OF COURT.
In counties having more than thirty thousand and less than seventy thousand inhabitants, with an assessed valuation in excess of thirty million dollars, the county court may, where the need exists, provide such additional clerks, deputy clerks and other employees in the probate court as in its discretion it believes are required; and provide funds for the payment of salaries of such employees in addition to the amounts specified in Sec. 483.475 RSMo Cum. Supp. 1955.
99-56 Nov 5 Hon. Scott O. Wright WITHDRAWN