1957 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
1-57 Feb 5 TAXES.
INCOME TAXES.
CORPORATIONS.
CORPORATION INCOME TAXES.
EXEMPTIONS.
TAX EXEMPTIONS.
TAXATION.
Land O’Lakes Creameries Inc., a Minnesota corporation, is liable for taxation on its income under the Missouri Income Tax Law.
1-57 Feb 21 ACCOUNTANCY BOARD.
QUALIFICATIONS.
RECIPROCITY.
Qualifications for a nonresident to obtain a certificate as a certified public accountant or public accountant in this state.
1-57 Apr 24 FICTITIOUS NAME.
SECRETARY OF STATE.
Proprietors are not required to register when operating under their name with such words as “company” or “and company” or words descriptive of the character of business are added thereto.
1-57 June 12 TAXATION.
INCOME TAX.
DIRECTOR OF REVENUE.
TAXES.
TAX RETURNS.
When no income tax return is filed, director of revenue has four years from date on which taxpayer is required by law to file return to make assessment. Director of Revenue has four years from date return was actually filed to make additional assessments.
2-57 Jan 29 ECONOMIC POISONS.
DEPARTMENT OF AGRICULTURE.
Products for eliminating internal worms from hogs, poultry, or other animals are not subject to registration under the Missouri Economic Poisons Act. All 100% paradichlorobenzine or 100% naphthalene products of a company, all of which bear the same or a portion of the same claims, can be registered as one economic poison under the Missouri Economic Poisons Act, and only one registration fee has to be paid thereon.
2-57 Feb 1 DEPARTMENT OF AGRICULTURE.
ECONOMIC POISONS LAW.
Paints resistant to mildew on the paint film only are not economic poisons within the meaning of the Missouri Economic Poisons Law.
2-57 June 12 SHERIFFS.
FEES AND MILEAGE.
Where, by order of court, the sheriff of Christian County went to St. Louis, Missouri, and transported a witness in a criminal case to Christian County, sheriff cannot be compensated for so doing.
Where, by order of the circuit court, the sheriff of Christian County, went to the Missouri State Penitentiary in Jefferson City, secured therefrom a prisoner and transported him to Christian County to serve as a witness in a criminal case, after which the sheriff transported such witness back to the Missouri State Penitentiary, sheriff cannot be compensated for such service.
2-57 Dec 10 COUNTY ASSESSOR.
CONTRACT WITH COUNTY.
A county assessor in a fourth class county may bid on work which consists of making a fill in a county road, which contract will be let by the county court to the lowest acceptable bidder.
3-57 Mar 27 Hon. Newton Atterbury WITHDRAWN
3-57 Oct 2 OFFICERS.
STATE OFFICERS.
EMPLOYEES.
STATE EMPLOYEES.
RETIREMENT.
STATE RETIREMENT SYSTEM.
STATE EMPLOYEES’ RETIREMENT SYSTEM.
UNIVERSITY OF MISSOURI.
MISSOURI UNIVERSITY.
CURATORS OF UNIVERSITY OF MISSOURI.
COLLEGES.
STATE COLLEGES.
STATE TEACHERS COLLEGES.
TEACHERS COLLEGES.
Employees of the University and colleges who are not covered under some other retirement or benefit fund to which the state is a contributor (not counting contributions under the Federal Old Age and Survivors’ Insurance Act) qualify under the law to become members of the Missouri State Employees’ Retirement System.
3-57 Oct 7 OFFICERS.
STATE OFFICERS.
EMPLOYEES.
STATE EMPLOYEES.
STATE RETIREMENT SYSTEM.
STATE EMPLOYEES’ RETIREMENT SYSTEM.
PUBLIC SCHOOL RETIREMENT SYSTEM.
TEACHERS’ RETIREMENT SYSTEM.
The director and employees of the Public School Retirement System do not qualify under the law, and do not become members of the Missouri State Employees’ Retirement System.
3-57 Oct 7 OFFICERS.
STATE OFFICERS.
EMPLOYEES.
STATE EMPLOYEES.
RETIREMENT.
STATE RETIREMENT SYSTEM.
CIVIL DEFENSE.
STATE SURVIVAL PLANS PROJECT.
SURVIVAL PLANS PROJECT.
Personnel of the Missouri State Survival Plans Project qualify under the law to become members of the Missouri State Employees’ Retirement System.
3-57 Oct 14 OFFICERS.
STATE OFFICERS.
EMPLOYEES.
STATE EMPLOYEES.
STATE EMPLOYEES’ RETIREMENT SYSTEM.
STATE RETIREMENT SYSTEM.
INSURANCE.
DIVISION.
DIVISION OF INSURANCE.
EXAMINERS.
INSURANCE EXAMINERS.
EXAMINERS OF THE DIVISION OF INSURANCE.
EXAMINERS IN THE DIVISION OF INSURANCE.
Examiners in the Division of Insurance qualify under the law and become members of the Missouri State Employees’ Retirement System.
3-57 Oct 18 OFFICERS.
STATE OFFICERS.
EMPLOYEES.
STATE EMPLOYEES.
RETIREMENT.
STATE RETIREMENT SYSTEM.
MAGISTRATES.
CLERKS OF MAGISTRATE COURTS.
MAGISTRATE CLERKS.
CIRCUIT COURT REPORTERS.
REPORTERS OF CIRCUIT COURTS.
STATE EMPLOYEES’ RETIREMENT SYSTEM.
Court reporters, magistrate clerks and magistrates are not covered by the Missouri State Employees’ Retirement System Law.
4-57 Aug 8 COUNTY COURT.
COUNTY BUDGET.
NURSING HOMES.
Right of county court to expend proceeds of sale of county farm during 1957 and 1958.
5-57 Jan 21 CONSTITUTIONALITY. Sections 390.171 and 390.176, RSMo 1949, are constitutional.
5-57 June 28 RECORDING OF TELEPHONIC COMMUNICATIONS Where authorities of State Hospital No. 1 obtain consent of relative or person authorized to give such consent for an operation or autopsy to be performed upon an inmate of State Hospital, having a state hospital employee “listen in” to the conversation would be permissible. Also permissible to have a recording machine attached to the telephone at the State Hospital, which machine would record the conversation giving consent. Such recording machine would be subject to regulations set forth in the order of the Missouri Public Service Commission.
6-57 Jan 7 SHERIFFS. A person appointed to fill a vacancy in the office of sheriff, which vacancy occurred less than nine months prior to the holding of a general election, at which election a sheriff was elected for a full four year term, would continue in the office of sheriff until the first day of the succeeding year and until a person elected to the office at the general election was duly qualified.
6-57 Jan 15 SPECIAL ROAD DISTRICTS.
COMMISSIONER SELLING ROAD BUILDING MATERIAL OR LABOR TO DISTRICT, NOT GUILTY OF CRIME.
WHEN.
Commissioner of special city or town road district, non-township organization county, organized under Secs. 233.010 to 233.165 RSMo 1949, who in individual capacity, sells material and labor for building and repairing district roads to commission of which he is a member; absent fraud, transaction is not criminal offense, and commissioner will not have violated Sec. 61.300 or Secs. 61.170 to 61.300 RSMo 1949, and cannot be found guilty of a misdemeanor; cannot be punished as provided by Sec. 61.310 RSMo 1949, and will not violate any other criminal statutes.
9-57 Mar 6 NATIONAL PARKS.
PARKS.
FEDERAL JURISDICTION.
STATE JURISDICTION.
JURISDICTION.
JURISDICTION OF NATIONAL PARKS.
Sections 12.020, 12.010, and 95.525, RSMo 1949, cedes exclusive jurisdiction to the Federal Government of the George Washington Carver National Monument and the Jefferson National Expansion Memorial, only to the extent the federal government accepts said jurisdiction; and State of Missouri still retains jurisdiction over said two pieces of property.
9-57 Apr 26 CRIMINAL LAW.
PUNISHMENT.
GOVERNOR.
Sentence to hang should be modified to conform to present punishment for death. Any delay in executing death sentence against Barbata from 1944-1957 does not prevent executing sentence at this time.
9-57 June 17 GENERAL ASSEMBLY.
CONSTITUTION.
STATUTES.
When a bill is finally passed by both houses of the General Assembly and approved by the governor, the constitutionality of the resulting law cannot be successfully challenged on the ground that the presiding officer of the Senate failed to sign the bill.
14-57 Oct 31 TAXATION.
COUNTY COURTS.
The county court has no authority to relieve the collector from the collection of penalties and interest due on account of delinquent taxes.
15-57 Jan 7 OFFICERS.
KANSAS CITY BOARD OF ELECTION COMMISSIONERS.
Subsection 4 of Section 117.050, RSMo, requires the Kansas City Board of Election Commissioners to keep its office open during business hours of each week day, excluding Sundays and legal holidays. Board is unauthorized to close its office Saturday afternoon of each week.
15-57 June 21 DIVISION OF WELFARE.
LICENSING MASONIC HOME OF MISSOURI.
CHILDREN.
There is no duty or responsibility of the State Division of Welfare to require a license nor to inspect that portion of the Masonic Home of Missouri devoted to the caring for children, because the Home neither advertises nor holds itself out as conducting a boarding house or place of residence for children.
15-57 July 17 AID TO DEPENDENT CHILDREN.
HOUSE BILL NO. 69.
It is the duty of the Division of Welfare to pay Aid to Dependent Children benefits to children 16 and 17 years of age, who otherwise qualify for such benefits, on and after August 29, 1957.
15-57 Oct 15 INMATES OF THE PENITENTIARY.
STATE PARKS.
LABOR OF INMATES.
Labor of inmates of the Missouri State Penitentiary may be used in improving the parks belonging to this state.
16-57 Feb 7 UNITS.
ELECTION.
COSTS.
County Health Unit Election would be valid if held on the same day as township elections; necessary as set forth in the statute, Section 205.010, RSMo Cum. Supp. 1955; county would bear the expense of the election; county and townships in the county would not share this election expense.
16-57 Feb 27 SALES TAX.
RECORDS.
A record of all sales tax returns made to the department of revenue must be kept; no authority exists for destroying these records at any time. Such records may be preserved by microfilming or photographing, and when such records are reproduced in this manner the original record may be destroyed.
16-57 Mar 27 TAXES.
TAXATION.
TRUST ESTATES.
WILLS.
COLLECTOR OF TAXES.
EXEMPTION FROM TAXES.
EXECUTOR AND ADMINISTRATOR.
Executor has duty of paying taxes assessed and levied against property for 1956, wherein testatrix dies before said taxes are paid, and wherein she leaves her property for charitable purposes. Collector may collect taxes if executor does not pay them.
16-57 May 2 SCHOOLS.
SCHOOL DISTRICTS.
TAXES.
Where common school district is divided by reorganization plan after levy and assessment of taxes, tax moneys collected for current year should be paid to such common school district. Upon division of district by reorganization plan, county board of education has reasonable time after expiration of sixty days within which to annex remaining portion of divided district to adjoining district.
18-57 Jan 22 Opinion letter to the Honorable William A. Collet
18-57 Jan 23 MENTAL HEALTH.
INSANE PERSONS.
Recovery of competency inquiry provided for in Sec. 475.360 RSMo Cum. Supp. 1955 need not be employed to qualify person to serve as administrator of an estate subsequent to such person’s discharge as a “mentally ill individual” under authority of Sec. 202.827 RSMo Cum. Supp. 1955.
18-57 Mar 22 PROBATE.
PROBATE JUDGE.
PROBATE COURT.
Probate judge in county having more than thirty thousand and less than seventy thousand inhabitants, and assessed valuation over thirty million dollars, may not pay in excess of three thousand dollars per annum for clerk hire.
18-57 May 8 TAXATION.
COUNTY BOARD OF EQUALIZATION.
In performing its duties a county board of equalization cannot reduce the aggregate assessed valuation of property within the county below the aggregate assessed valuation thereof, as fixed and determined by the State Tax Commission for the same year.
18-57 June 6 FORFEITURE OF RECOGNIZANCE. In proceeding upon a forfeiture of a recognizance, Supreme Court Rule 32.12 should be followed rather than Section 544.640, RSMo 1949.
18-57 June 10 INSURANCE. Pre-arranged funeral contract described in opinion is a contract of insurance and offering of the same to the public without meeting licensing requirements of Missouri’s insurance code violates Sections 375.300 and 375.310 RSMo 1949.
18-57 June 17 INSANE PERSONS.
EXAMINATION BY PHYSICIANS.
Probate Court may compel alleged insane persons to submit to an examination by a physician following an application for involuntary hospitalization.
18-57 June 28 TAXATION.
COUNTY COURTS.
COUNTY BOARDS OF EQUALIZATION.
The county court or county board of equalization cannot reassess real estate and tangible personal property or abate taxes arising by virtue of a regular and proper assessment where subsequent to the assessment date the property is totally or partially destroyed.
18-57 July 2 NEWSPAPERS.
LEGAL PUBLICATION.
Requirements of Section 493.050 RSmo 1949, that a newspaper be entered as second class matter at post office in publication city, and that a newspaper shall have been legally and consecutively published for three years, means three years from date first issue was actually published, and not three years from date second class permit was issued. A weekly newspaper which actually began legal and consecutive publication on June 11, 1954, and has continued uninterruptedly to the present, but obtained postal permit on October 11, 1954, three year publication period began June 11, 1954 and not on October 15, 1954. If newspaper has complied with other requirements of said statute, it is qualified to publish all legal notices as of June 11, 1957.
18-57 Oct 21 LOTTERIES. In the determination of the winner of a contest in which the winner is determined by the judgment of the comparative merits of statements within twenty-five words or less, which statements begin, “I like to trade at Crown Drug Stores because,” they are determined upon skill, and not upon chance, and although such operation may entail the elements of consideration and prize, yet the operation is not a lottery within the meaning of lottery laws of Missouri inasmuch as the third and necessary element of chance is not present.
19-57 June 21 Hon. Russell Corn WITHDRAWN
20-57 Oct 29 Hon. Claude E. Curtis WITHDRAWN
21-57 Jan 24 GAMBLING DEVICES.
PINBALL MACHINES.
MINORS.
A pinball machine which pays off only in free games is not a gambling device. No law which prohibits the playing of pinball machines by minors in Missouri.
21-57 Nov 27 SCHOOLS.
SCHOOL DISTRICTS.
Data on average daily attendance for school year 1956-1957 used in determining average daily attendance of proposed enlarged district submitted to voters as plan of county board of education when such plan is submitted to voters after June 30, 1957 and before July 1, 1958.
21-57 Dec 10 LINCOLN UNIVERSITY.
TEACHERS’ RETIREMENT SYSTEM.
Sec. 172.300, RSMo, Cum. Supp. 1955, does apply to curators of Lincoln University with respect to the use of state appropriated funds for retirement, disability and death plans.
22-57 Jan 17 WATERS.
STATE.
STATE PARK BOARD.
Authority to construct fences across artificial lake covering state-owned land.
24-57 June 7 COUNTY COURT.
COUNTIES.
COUNTY ASSESSOR.
ASSESSOR.
The county court of a county of the third class cannot withhold from the compensation due the assessor for performing his duties an amount equal to any overpayment for prior years. Further, the county court may, by appropriate action, recover back any overpayments previously made to the county assessor.
25-57 Aug 5 OCCUPATIONAL DISEASES.
MUNICIPALITIES.
FIRE DEPARTMENTS.
It is not the intent of Section 292.300, RSMo 1949, to require municipal governments who operate and maintain fire departments that employees in that department come within its provisions.
26-57 Aug 12 Hon. Thomas Eagleton WITHDRAWN
28-57 Jan 9 SCHOOLS.
SCHOOL DISTRICTS.
OFFICERS.
CONTRACTS.
If chairman of board of education employed by transportation company which furnishes school transportation to his district has direct or indirect pecuniary interest in transportation contract, such contract is void as against public policy.
31-57 May 9 Hon. Benjamin J. Francka WITHDRAWN
32-57 Jan 28 CRIMINAL LAW.
REPEAL OF RSMo 1949 CRIMINAL STATUTES.
HABITUAL CRIMINAL STATUTES.
SENATE BILL NO. 27 68TH GENERAL ASSEMBLY.
Charges under subsection 3 of Section 560.161, RSMo Supp. 1955, relating to stealing by persons with prior convictions, cannot be based upon prior convictions obtained under statutory provisions which were repealed by the bill which enacted Section 560.161.
32-57 Mar 27 WILDLIFE CODE.
CONSERVATION CODE.
RULES AND REGULATIONS.
Sale of wild rabbits in Missouri prohibited to everyone, resident or nonresident. Farmer in Illinois taking opossums on his farm cannot sell same or the products thereof in Missouri.
32-57 July 3 ST. LOUIS.
FLOOD CONTROL.
COOPERATIVE AGREEMENTS.
LEVEES.
St. Louis in contract with United States for flood control project may sign contract providing city will provide lands and easements for the project, will hold the United States free from damages, and maintain and operate the flood control works after completion.
 
32-57 Aug 8 COUNTIES.
CHARTER FORM OF GOVERNMENT.
ST. LOUIS COUNTY POLICE DEPARTMENT.
St. Louis County Police Department has authority to enforce state law in incorporated or unincorporated areas in the county.
32-57 Sept 9 ASSESSMENT OF STATE PROPERTY BY A SECOND CLASS CITY FOR STREET IMPROVEMENT.  The property of State Hospital No. 2, which is owned by the State, located in the City of St. Joseph, Missouri, is not subject to assessment by the city for the purpose of repairing a street which runs through the property of the aforesaid State Hospital No. 2.
32-57 Sept 9 Hon. Edward W. Garnholz WITHDRAWN
32-57 Nov 8 Hon. William J. Geekie WITHDRAWN
32-57 Dec 9 Hon. Edward W. Garnholz WITHDRAWN
32-57 Dec 20 CORONERS.
PROSECUTING ATTORNEYS.
CRIMINAL LAW.
No discretion vested in coroner as to report required by Section 58.370. It is not necessary for report to be made by sworn affidavit. Report must be based upon the verdict of the coroner’s jury. Judge has no discretion other than to issue warrant required by Section 58.370. The prosecuting attorney may enter state’s nolle prosequi.
33-57 Jan 24 LEGISLATURE.
OFFICERS.
TRAVEL EXPENSES.
LEGISLATIVE RESEARCH COMMITTEE.
COMMITTEES.
COUNCIL OF STATE GOVERNMENTS.
Members of the Committee on Legislative Research who were authorized by the Committee to represent the Committee at meetings of the National Legislative Conference in Miami, Florida, in 1955, and in Seattle, Washington, in 1956, could be legally reimbursed, from funds appropriated for the use of the Committee, for expenses necessarily incurred by them in attending such meetings.
33-57 Feb 28 COUNTY COURT.
COUNTY HOSPITALS.
County hospital has been established when properly originated and the bond election has carried; no authority to pay from the general revenue of a county for an advertising or publicity campaign preceding bond election.
33-57 June 3 FEES AND SALARIES.
TOWNSHIPS.
Fees allowed township trustee as ex officio treasurer under Sec. 65.230 (3) RSMo, Cum. Supp. 1955 computed by applying statutory percentages to “all moneys” received and disbursed rather than to each transaction involving receipt and disbursement.
33-57 June 17 CRIMINAL COSTS.
SHERIFF’S MILEAGE.
SCHOOLS.
ENLARGED DISTRICTS.
ELECTION OF DIRECTORS.
PRINTED BALLOTS REQUIRED.
1. When sheriff serves criminal warrant while driving on official business not connected with case, and claims mileage under provisions of § 57.300, RSMo 1949; if warrant served more than five miles from place of trial, he is entitled to mileage at ten cents per mile for each mile actually traveled, under said section. 2 (a). Examination and, certification of criminal fee bills under provisions of § 550.190, RSMo 1949, a discretionary duty of circuit judge. He is required to examine and certify the sheriff’s mileage when court costs are paid by the state. No statutory duty of judge to examine and certify mileage of sheriff of third and fourth class counties when criminal costs to be paid by county and sheriff’s mileage exempt under provisions of § 57.410, RSMo 1949. 2(b). Examination and certification of criminal fee bills of cases finally determined in magistrate court, a discretionary duty of magistrate. No statutory duty of magistrate to examine and certify mileage of sheriff of third or fourth class county when criminal costs to be paid by county and sheriff’s mileage exempt under provisions of § 57.410, RSMo 1949. 3. In election of directors of enlarged school district, printed ballots are necessary to valid election under provisions of § 165.687, 111.400, RSMo 1949, and 165.330, RSMo Cum. Supp. 1955.
35-57 Feb 28 CRIMINAL COSTS.
CRIMINAL LAW.
COSTS.
MOTOR VEHICLES.
The county is liable for the costs of a prosecution for failure to report a motor vehicle accident commenced under Sec. 303.370 RSMo Cum. Supp. 1955, if the defendant is found guilty and is unable to pay the costs.
35-57 Apr 29 TAXATION. Residential property at 127 East Circle Drive, Jefferson City, Missouri, owned by Missouri Council of Churches, exempt from taxation under Article X, Section 6, of Missouri’s Constitution of 1945, and Section 137 (6) RSMo 1949.
35-57 June 17 “CONVICTED” DEFINED.
LIQUOR LAW.
The word “convicted” as used in numbered paragraph 2 of Section 312.510, RSMo 1949, includes within its meaning a plea of guilty, as does a trial before the court which results in a finding of guilt.
35-57 Oct 21 MOTOR VEHICLES.
OPERATOR’S AND CHAUFFEUR’S LICENSES.
CRIMINAL LAW.
Subsection 4 of Section 302.010 is constitutional. Driver’s license may be suspended for convictions in proper court while convictions may be on appeal.
37-57 May 14 DEPT. OF CORRECTIONS. Amounts paid from penitentiary personal service appropriations may be credited against the amount owed by penitentiary for purchases for penitentiary farms.
37-57 July 29 BOARDING HOMES FOR CHILDREN.
SENATE BILL NO. 41.
The home for children, known as the Convent of the Good Shepherd, located at 3801 Gravois Avenue, St. Louis, Missouri, is not subject to the provisions of Senate Bill No. 41, enacted by the 69th General Assembly of Missouri.
37-57 Aug 1 SIGNING DEATH CERTIFICATES.
DEFINITION OF “PHYSICIAN”.
A dentist is not a “physician” as that term is used in the Laws of Missouri authorizing a “physician” to sign a death certificate under certain circumstances.
37-57 Sept 19 APPROPRIATIONS.
PENITENTIARY.
DEPARTMENT OF CORRECTIONS.
Use of funds appropriated in Section 1, House Bill No. 312, Sixty-ninth General Assembly, for “Additions, Repairs and Replacements” at penal institutions.
39-57 Jan 2 MISSOURI CONSERVATION COMMISSION.
REGULATIONS FOR LAKE WAPPAPELLO.
Regulations promulgated by the Missouri Conservation Commission, which regulations are that decoys shall not be left unattended in the Lake Wappapello area and that shooting blinds erected by private individuals in that area may be occupied by the first person who reaches them and finds them vacant are within the power of the Conservation Commission to make.
39-57 Jan 23 Hon. Rex A. Henson WITHDRAWN
40-57 Oct 15 EGGS.
EGG LAW.
A farmer selling eggs produced by his flock on his farm to customers in a town via door to door route need not grade or label said eggs nor does he need a license to sell said eggs as a door to door route is not an established place of business as referred to in Sections 196.313 and 196.328, RSMo Cum. Supp. 1955.
41-57 Jan 11 MISSOURI REAL ESTATE COMMISSION. The Missouri Real Estate Commission cannot pay to the Missouri Real Estate Association twenty-five dollars a month for postage on the Missouri Real Estate Association Bulletin, as the legislature has not appropriated funds to the Commission for that purpose.
41-57 May 20 STATE AUDITOR.
BIENNIAL AUDIT OF SIX-DIRECTOR SCHOOL DISTRICT.
An audit made by the State Auditor pursuant to a petition by parties in a school district under Section 29.230, is, where such audit follows the requirements of Section 165.115 and is accepted by the board of directors, sufficient to obviate the necessity of the board of directors of a six-director school district to arrange for the biennial audit required in Section 165.115, RSMo 1955 Cum. Supp.
46-57 Feb 19 ASSESSORS.
TAXATION.
REVENUE.
COUNTIES.
County assessor or deputies of all counties except class one counties and the City of St. Louis must call at office, place of doing business or residence of each property owner in county and require them to make a list of all taxable real and tangible personal property owned by such person in county. Property owner has the duty to fill in the valuation of all real and personal property included in assessment list.
46-57 June 19 SPECIAL ROAD DISTRICTS. Submission and approval of question of disorganization of special road district under authority of Sec. 233.160 RSMo 1949 does not prohibit immediate formation of new district under applicable statutes.
46-57 Aug 15 PROSECUTING ATTORNEYS.
SALARY INCREASE.
SENATE BILL NO. 198.
Prosecuting attorneys in third and fourth class counties are not entitled to receive the additional compensation provided by Senate Bill No. 198, enacted by the 69th General Assembly, during their present terms of office.
46-57 Oct 28 CAPITAL ASSETS.
REAL PROPERTY “USED IN A TRADE OR BUSINESS.”
Whether or not real property is “used in a trade or business”' so as to be excluded from the definition of Capital Asset as such is defined in Section 143.100 (2) Cum. Supp. 1955, RSMo 1949, is a factual determination to be made in each case. Gains and losses from capital assets treated differently under Missouri and Federal law.
48-57 Jan 17 NONINTOXICATING BEER.
REVOCATION OF LICENSE.
No person shall be granted a permit or license to sell nonintoxicating beer whose permit or license as such dealer has been revoked or who has been convicted, since the ratification of the twenty-first amendment to the Constitution of the United States, of the violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer.
48-57 Mar 15 PUBLICATION RATES.
PUBLIC ADVERTISEMENTS.
CIRCUIT COURTS.
COUNTIES OF FIRST CLASS.
Circuit Court en banc in cities of 100,000 population or more has right to set publication rates at a higher figure than those established in Section 493.080, RSMo. 1949. Maximum publication rates in counties of the first class are established by Section 493.030, Cum. Supp. 1955. Where city of 100,000 population or more located in first class county, then publication rate for the city is established pursuant to Section 493.080, supra, and publication rate for county outside the city is that established by Section 493.030, supra.
48-57 Dec 9 MOTOR VEHICLES. (1). A trailer owned by a farmer and used by him exclusively in hauling farm products or other property between his farm and town and between farms where the highways are used, is not exempt from the requirements of Chapter 301, RSMo, with respect to the registration of trailers and the display of license plates thereon. (2). A farm wagon is not a “trailer” for the purposes of registration.
49-57 Feb 28 JACKSON COUNTY HIGHWAY PATROL.
UNIFORMS.
County Court of Jackson County, Missouri, may purchase and furnish uniforms to members of the Jackson County Highway Patrol so long as the ownership of such uniforms remains in the county.
49-57 Aug 8 COUNTY.
COUNTY COURT.
PURCHASING AGENT.
Not necessary for Presiding Judge of County Court, Jackson County, Missouri, to sign or indicate his approval on a purchase order.
50-57 June 12 CORONERS.
CORONER’S INQUEST.
DEAD BODIES.
Coroner has authority to exhume body buried before an inquest when he has reasonable grounds to suspect foul play. Coroner has authority to perform autopsy only if necessary to determine cause of death.
50-57 Aug 15 Hon. Paul Knudsen WITHDRAWN
51-57 Jan 23 CRIMINAL LAW.
MOTOR VEHICLES.
CARELESS DRIVING.
An information that accused crossed yellow line passing another vehicle in a no-passing zone does not charge the commission of a crime.
51-57 Apr 8 COUNTY COURTS.
THIRD CLASS COUNTIES.
Cannot expend county funds for legal advice.
51-57 May 28 COUNTY COURTS.
THIRD CLASS COUNTIES.
MAY EMPLOY SPECIAL COUNSEL.
WHEN.
When third class county court was advised by prosecuting attorney against legal action to evict tenant of county poor farm, and prosecuting attorney refuses to do anything further to protect the county’s rights, and the court thereafter employed special counsel, who filed an ejectment suit to evict tenant, said special counsel and not the prosecuting attorney shall have exclusive control of ejectment suit. Courts action was authorized by Section 56.250, RSMo 1949, and it may allow reasonable compensation to special counsel and other compensation paid from available county funds.
52-57 Jan 16 INSURANCE. Articles of Agreement of Survivors’ Benefit Insurance Company.
52-57 Apr 11 ASSESSOR.
ASSESSMENTS.
TAXATION.
In counties of the third and fourth class having a population of less than forty thousand inhabitants it is discretionary with the assessor as to whether contiguous lots in one ownership are to be assessed as a unit or individually. Further, if in the discretion of the assessor contiguous lots in one ownership are assessed individually, and so entered on the tax books, the assessor would be entitled to a fee of six cents for making each entry.
52-57 Apr 12 INSURANCE. Articles of Agreement of Metropolitan Universal Life Insurance Company
52-57 Apr 17 ADMINISTRATIVE REVIEW. In cases which are not “contested cases” under Administrative Review Act, hearings should be granted in some instances.
52-57 May 28 Hon. C. Lawrence Leggett WITHDRAWN
52-57 May 29 INSURANCE. Articles of Incorporation of Public Life Insurance Company.
52-57 July 8 INSURANCE. Articles of Incorporation of the Missouri Union Life Insurance Company.
52-57 July 29 INSURANCE. Articles of Agreement of Preferred Life and Health Insurance Company.
52-57 Aug 22 INSURANCE. Articles of Incorporation of the Horace Greeley Life Insurance Company.
52-57 Sept 17 INSURANCE. Proceedings of board of directors and stockholders of American Universal Life Insurance Company, changing from stipulated premium life insurance company to regular life insurance company are in proper, legal form.
52-57 Sept 18 INSURANCE. Articles of Incorporation of Home Fidelity Life Insurance Company.
52-57 Sept 19 CORPORATIONS.
INSURANCE.
General business corporation formed under Chapter 351 RSMo 1949 may not amend Articles of Incorporation so as to qualify as a joint stock life insurance company subject to provisions of Sections 376.010 to 376.670 RSMo 1949.
52-57 Oct 11 INSURANCE. Articles of Incorporation of Missouri Life Insurance Company.
52-57 Oct 23 INSURANCE. Described contract proposed to be issued by ABC Ambulance Company not an insurance contract subject to regulatory provisions of Missouri insurance code.
52-57 Nov 6 INSURANCE. Articles of Incorporation of State Farmers Mutual Casualty Company.
52-57 Nov 7 INSURANCE. Articles of Incorporation of Countryside Casualty Company.
52-57 Nov 29 INSURANCE. Articles of Incorporation of Key Life Insurance Company.
53-57 May 2 TOWNSHIP TAX COLLECTOR.
CITY TAX COLLECTOR.
COMPATIBILITY OF OFFICES.
The same person may, simultaneously, hold the office of township tax collector and city tax collector in counties having township organization.
53-57 May 23 RECORDS.
PUBLIC RECORDS.
SCHOOLS.
The public has the right to inspect and copy the contents of the “daily  register” required by Section 163.140, RSMo 1949, provided that the exercise of such right does not unduly interrupt the discharge of duties, and the board of education or the superintendent of schools do not have any discretion in permitting or denying such inspection or the right to request a statement of purpose before permitting such inspection.
53-57 Oct 30 CITIES OF THE FOURTH CLASS.
CITY TAX COLLECTORS.
VACANCIES IN OFFICE.
SPECIAL ELECTIONS.
A special election is required when a vacancy occurs in an elective office in a city of the fourth class more than six months prior to the next general municipal election in such city.
57-57 Feb 8 Hon. Oscar Marsh WITHDRAWN
58-57 May 27 COUNTY COURT.
DRAINAGE DISTRICTS.
LEVEE DISTRICTS.
County court does not have authority to remove or exclude land that is within a drainage or levee district.
59-57 Jan 9 Hon. Roy W. McGhee, Jr. WITHDRAWN
59-57 Jan 29 PROBATE LAW.
DESCENT AND DISTRIBUTION.
Where nieces and nephews of an intestate inherit from him they will take in their own right per capita in accordance with Section 474.020, RSMo Cum. Supp. 1955.
59-57 May 9 SCHOOL DISTRICTS.
TAXATION.
PERSONAL PROPERTY.
A property owner who resided in one school district on January 1, 1957, and moved to another school district in the same county prior to the date of assessment, is liable for personal property taxes in the school district in which he resided on the date of actual assessment.
59-57 Nov 18 PUBLIC WORKS.
PUBLIC BUILDINGS.
PREVAILING WAGE LAW.
A specification of the prevailing hourly rate of wages in the locality for each craft or type of workman needed to execute a state public works contract, including the prevailing rate for legal holiday and overtime work either in the publication of the proposed state improvement or in the plans, specifications and conditions governing the details of the proposed contract, would fully comply with the requirements of House Bill No. 294 enacted by the 69th General Assembly and requiring such specification in the “call for bids.”
60-57 Feb 5 COUNTY PROBATION OFFICERS.
STATE BOARD OF PROBATION AND PAROLE.
PAROLE AND PROBATION OF JUVENILES.
JUVENILE COURTS.
PAROLES.
The State Board of Probation and Parole is neither under a legal duty nor authorized to accept the supervision of a juvenile placed on probation or parole by a juvenile court.
60-57 Aug 29 INTERSTATE COMPACTS.
EXTRADITIONS.
PROBATIONERS AND PAROLEES.
“STATES” AND “TERRITORIES”.
The grant of authority under Sec. 549.310 RSMo 1949, to enter into compacts and agreements with other states for the supervision of parolees and probationers does not include authority by the Governor to enter into such compacts and agreements with Hawaii and Puerto Rico.
60-57 Sept 26 STATE BOARD OF PROBATION AND PAROLE.
PAROLEES.
THREE-FOURTHS LAW.
Under the provisions of Senate Bill No. 132, 69th General Assembly, time served on a parole counts toward time required to be served in the penitentiary and that, consequently, the three-fourths law (House Bill No. 318, 69th General Assembly) is applicable to inmates paroled by the State Board of Probation and Parole.
62-57 Jan 11 COURT REPORTERS.
REPORTERS.
The County Court of Marion County cannot legally pay the circuit court reporters travel expense incurred in traveling from his place of residence in the county to the place of holding circuit court.
62-57 Mar 20 TAXATION.
MAXIMUM ANNUAL TAX RATE FOR MUNICIPAL AND SPECIAL PURPOSES BY ALDERMEN.
FOURTH CLASS CITIES.
Maximum annual tax rate for general municipal purposes by aldermen of fourth class city without vote of qualified electors authorizing greater rate, is seventy-five cents on one hundred dollars assessed valuation, as provided by Sec. 94.250 RSMo 1949, plus annual tax rate of not exceeding twenty cents on one hundred dollars assessed valuation for any special purpose provided by said Sec. 2, Section 94.260 RSMo 1949. Maximum annual rate for general and special purposes combined to be levied by aldermen is ninety-five cents on one hundred dollars assessed valuation.
62-57 Oct 16 COUNTY HEALTH CENTERS.
TAXES.
A county health center tax authorized by the voters before October 31, 1957 can be levied and collected for the year 1957. Power to determine annually the rate of the county health center tax is vested solely in the board of health center trustees.
62-57 Oct 21 WORKMEN’S COMPENSATION.
REHABILITATION.
APPROPRIATIONS.
COMPENSATION.
BOARD OF REHABILITATION.
Funds appropriated in Section 4.640 of House Bill No. 204, 69th General Assembly may not be used to pay the sum of $2,500 each, per annum, to the several members of the Board of Rehabilitation under provisions of Section 287.143.
63-57 Jan 9 Hon. J. Hal Moore WITHDRAWN
63-57 Mar 27 COUNTY COURTS.
CITIES.
CITY HOSPITAL.
DONATIONS BY COUNTY COURT.
The county court of Howell County may not contribute county funds to the city of West Plains for the purpose of erecting a city hospital in the city of West Plains. Such activity may be done by a joint cooperative basis in accordance with the laws of the State of Missouri.
63-57 Apr 22 SCHOOLS.
SCHOOL DISTRICTS.
ANNEXATION.
BOARD OF EDUCATION.
The annexation of A school district to B school district after an annexation election in A school district must be approved by a majority of the Board of B school district before said annexation can occur. The County Board of education can divide existing school districts for purposes of reorganization under Section 165.685, Cum. Supp. 1955.
63-57 Nov 29 SALARIES OF PROSECUTING ATTORNEYS, COUNTY CLERK, COUNTY SUPERINTENDENT OF SCHOOLS, DEPUTY COUNTY CLERK, DEPUTY CIRCUIT CLERK AND REORDER IN FOURTH CLASS COUNTIES WITH POPULATION OF BETWEEN 15,000 AND 17,500. Prosecuting attorneys in fourth class counties do not receive any salary increase by virtue of any legislation enacted by the 69th General Assembly; that on and after Aug. 29, 1957, county clerks in fourth class counties are entitled to increased compensation in the sum of $500 per year; that on and after Aug. 29, 1957, the county superintendent of schools in fourth class counties is entitled to an increase in compensation of $400 per year; that deputy county clerks in fourth class counties are entitled to $500 per year additional compensation by virtue of legislation enacted by the 69th General Assembly; that the chief deputy circuit clerk in counties having a population of 15,000 and less than 17,500, shall receive the sum of $2,280 per year compensation; that the first deputy shall receive the sum of $2,100 per year; and the second deputy shall receive the sum of $1,920 per year compensation.
64-57 Feb 1 ELECTIONS.
COUNTY OFFICERS.
COUNTY JUDGES.
Upon death of an elected county judge before assuming office incumbent does not hold over. An appointed judge holds office until the first Monday next following the first ensuing general election.
64-57 May 2 STATE TREASURER.
STATE MONEYS.
DEPOSITARY.
Duty of State Treasurer with respect to investment of state moneys not needed for current operating expenses.
64-57 May 21 BLIND PENSION FUND.
STATE TREASURER.
TRANSFER.
It is the duty of the state treasurer to transfer to the distributive public school fund that portion of the blind pension fund which remained on hand and unappropriated in his custody at the end of the biennium.
65-57 Jan 31 CHILDREN.
PLACEMENT.
LAWYERS.
A lawyer may perform all of the necessary legal services involved in the transfer of the custody of a child and not be in violation of Section 210.211, RSMo 1949; it is the further opinion of this department that such a lawyer is not in violation of the above section even though he had knowledge that placement had been made by a person not authorized to do so.
65-57 Feb 19 Hon. William G. Myers, Jr. WITHDRAWN
65-57 Oct 21 LOTTERY. A contest in which contestants are to complete a statement as to why they prefer the products of a particular dairy, the winner of  which contest will be awarded a valuable prize, constitutes the elements of “chance,” “prize,” and “consideration,” and is, therefore, a lottery and contrary to the laws of this state.
66-57 Feb 5 STATE PURCHASING AGENT.
DEPARTMENT OF CORRECTIONS.
DIVISION OF PENAL INSTITUTIONS.
The State Purchasing Agent is not required to secure bids where the articles to be purchased for the state, or any institutions thereof, can be obtained from the Division of Prison Industries.
66-57 Feb 26 DECEASED CONVICTS.
DUTIES OF WARDEN.
PROPERTY OF DECEASED CONVICTS.
ADMINISTRATION OF ESTATES OF DECEASED CONVICTS.
(1) The Warden of the Penitentiary is not authorized to deliver property of a deceased convict over to the family or relatives of said deceased convict such delivery must be made pursuant to the laws of administration of estates. (2) The venue is to be determined in each particular case as provided in Sec. 473.010, Cum. Supp. 1955.
66-57 Mar 15 Hon. E. V. Nash WITHDRAWN
66-57 Dec 9 SCHOOLS. Illegal for school district to pay for transportation of children in vehicles not meeting regulations adopted by State Board of Education, regardless of whether district receives state aid.
68-57 Mar 15 LABOR UNIONS.
COUNTY HIGHWAY COMMISSION.
COLLECTIVE BARGAINING.
Under provisions of Constitution of 1945, and Revised Statutes of Missouri 1949: (1) Employees of county highway commission may organize a labor union. (2) County court cannot enter into collective bargaining with such union. (3) County court cannot enter contract of employment with such union.
68-57 Mar 20 CORONER’S INQUEST.
JURORS.
Each juror attending a coroner’s inquest shall receive the sum of $3.00 per day.
68-57 July 17 DEAD HUMAN BODIES.
STATE ANATOMICAL BOARD.
DISPOSITION OF.
A dead human body, which is not required to be buried at public expense, does not come within the jurisdiction of the Missouri State Anatomical Board.
68-57 Aug 27 ASSESSORS.
DEPUTY ASSESSORS.
In the case of part time deputy county assessors, a portion of whose salary is paid out of the county treasury and a portion by the assessor personally, are county employees and that the county is liable for social security contributions to the extent of the amount of salary which it pays to them; the county is not liable for contributions for unemployment compensation for deputy assessors; and part time deputy assessors would not, to the extent that their salaries are paid by the county, automatically come within the provisions of the Workmen’s Compensation Act.
70-57 Apr 8 CRIPPLED CHILDREN.
CRIPPLED CHILDREN’S HOSPITAL.
A female person under the age of 21 years, who comes within the compass of Chapter 201, RSMo 1949, and who is eligible to receive hospitalization and medical treatment at the University of Missouri under the provisions of the aforesaid chapter, does not lose this eligibility by marriage, provided that her husband is unable to pay the expenses of said hospitalization and medical treatment.
70-57 Dec 12 UNIVERSITY OF MISSOURI.
BOARD OF CURATORS.
CURATORS OF MISSOURI UNIVERSITY.
STATE EMPLOYEES.
UNIVERSITY EMPLOYEES.
STATE EMPLOYEES’ RETIREMENT SYSTEM.
Under the Missouri State Employees’ Retirement System Law the Board of Curators of the University of Missouri is not required to make “matching” contributions to the Retirement Fund from the funds of the University.
71-57 June 6 SCHOOLS. In computing the equalization quota the district in which a pupil resides is entitled to count, for resident attendance, all resident children attending another public school whose tuition the district is required to pay, but that the district is not allowed to count for resident attendance, a resident pupil attending another public school whose tuition the student himself is paying.
71-57 Nov 4 SCHOOLS.
EX POST FACTO LAWS.
CRIMINAL LAW.
CONSTITUTIONAL LAW.
Senate Bill No. 16 of the 69th General Assembly, which amends the compulsory attendance law, is not ex post facto and is applicable to those children who may have graduated from the eighth grade prior to August 29, 1957, but were under sixteen years of age at that date.
72-57 July 11 BOARD OF TRUSTEES OF COUNTY HOSPITALS.
COUNTY COURTS.
CONVEYANCE OF COUNTY HOSPITAL PROPERTY.
A board of county hospital trustees may not convey title to hospital property, title to which property is in the county; and further, that the county court of the county may convey title to such property when authorized to do so by the Board of Trustees of the County Hospital.
74-57 June 19 JURORS.
FEES.
A juror not on the regular panel and summoned to sit as a juror in any criminal case in which the offense charged is punishable with death or by imprisonment in the penitentiary for life or for not less than a specified number of years and no limit to the time, whether he should have been selected on the panel or not, is to receive the sum of $6 per day, if he has traveled at least one mile in attending upon the court, and that if he has not traveled at least one mile for  compensation shall be $1 per day.
74-57 June 21 SCHOOLS.
SCHOOL FUNDS.
COUNTY TREASURER.
County treasurer should place 80% of state school moneys received by him for common school district in teachers’ fund upon receipt thereof and should place remaining 20% in either incidental or teachers’ fund when and as directed by school board.
74-57 Oct 8 SHERIFFS.
PEACE AND POLICE OFFICERS.
HEALTH OFFICERS.
Who may make application for commitment for temporary confinement and take persons into custody and transfer to hospital under Secs. 202.800 and 202.803, RSMo Cum. Supp. 1955.
75-57 Jan 21 COSTS.
CRIMINAL COSTS.
CRIMINAL LAW.
SAFETY RESPONSIBILITY LAW.
MOTOR VEHICLES.
DIRECTOR OF REVENUE.
OFFICERS.
County liable for costs of prosecution for failure to report accident under Safety Responsibility law if defendant is tried and acquitted, but no costs chargeable if prosecution based upon affidavit of Director of Revenue fails from any other cause.
76-57 Jan 21 LOCKER PLANT.
FOOD AND DRUGS.
FROZEN FOOD LOCKERS.
PROSECUTING ATTORNEY.
INJUNCTION.
CRIMINAL LAW.
Prosecuting attorney can file criminal charges or institute injunction proceedings against person operating a locker plant without a license as required by law; and prosecuting attorney can institute injunction proceedings against a person who violates any provisions of the locker plant law, including the one requiring an annual license as mentioned above.
77-57 Jan 15 AGRICULTURE.
COMMUNITY SALES.
The community sales law and the regulations adopted thereunder do not apply to sales which deal only in horses and not other species of livestock. Community sales and stockyards markets which are subject to the provisions of the Packers and Stockyards Act (7 U.S.C.A. Sec. 181 et seq.) or to the provisions of Chapter 276 RSMo 1949, are by virtue of such state or federal regulation exempted from the provisions of the Missouri Community Sales Law.
77-57 Jan 21 CREDIT UNIONS. Right to proceeds of insurance upon life of shareholder depends upon term of contract of insurance.
77-57 Dec 4 MISSOURI VETERINARY BOARD.
ADMINISTRATIVE AGENCIES.
INVESTIGATORS.
Missouri Veterinary Board does not have the power or authority to hire an attorney. All investigations on behalf of said Board must be conducted by the Board itself or any of the members thereof whom the Board may authorize, and said Board does not have the power or authority to hire an investigator.
79-57 Jan 23 PRACTICE OF LAW.
TAX DEED.
TAX SALE.
COLLECTORS.
Collector of taxes of a fourth class county may fill in the blanks of a tax deed; he may not charge for filling in the blanks of a tax deed.
80-57 May 9 CRIMINAL LAW. The provisions of §560.610, RSMo 1949, as amended by the Laws of 1955, do apply to any person of the age of twenty years or more who pleads guilty to a violation of any of the offenses enumerated in the aforesaid section.
80-57 Nov 18 TAXATION. The state is not required to pay any part of the expenses incurred under two contracts entered into by and between St. Louis County, Missouri and two appraisal companies to furnish to the county an appraisal of certain designated taxable lands and improvements thereon in said county, together with certain manuals of procedure, field record cards, land value maps, indexing cards, etc.
81-57 Feb 15 STATE BOARD OF TRAINING SCHOOLS.
TRAINING SCHOOLS.
PURCHASING AGENT.
State Board of Training Schools may convert heating plants of institutions under its control to use of fuel other than coal.
81-57 Sept 30 COUNTY HIGHWAY ENGINEER.
COUNTY COURT.
SALARY.
SENATE BILL NO. 48.
Under Senate Bill No. 48, 69th General Assembly the maximum salary which a county highway engineer in a third class county may receive during the remaining term of his office is $3,650.
82-57 Apr 19 OPEN AND CLOSED RANGE.
TOWNSHIPS.
The portion of Flatwood Township in Ripley County which became annexed to Johnston Township on September 15, 1952, became open range.
82-57 Aug 5 FIRE PROTECTION DISTRICTS.
PROSECUTIONS.
Violations of the ordinances, rules and regulations of the Hickman Mills’ Fire Protection District should be prosecuted through the office of the prosecuting attorney of Jackson County.
82-57 Oct 23 SAVINGS AND LOAN ASSOCIATION.
INSTALLMENT NOTES.
PROVISIONS OF.
ILLEGAL WHEN.
Installment promissory note requiring borrowing member of a savings and loan association to pay one dollar per month on his savings account in addition to payments on note as additional security until principal of loan is fully satisfied, violates paragraph 3, Section 369.135, RSMo 1949.
83-57 Sept 6 CRIMINAL LAW.
EVIDENCE.
Electro-Matic Radar Speedmeter is a proven scientific technique for measuring the speed of motor vehicles and evidence so obtained constitutes legally admissible evidence which may support a finding of guilt in a criminal cause.
83-57 Sept 30 SCHOOLS.
HOLIDAYS.
December 25, 1956, counted as a day in session for the purpose of apportioning state aid to schools.
85-57 Jan 21 Hon. John J. Stegner WITHDRAWN
85-57 Aug 27 CHILD CUSTODY.
JUVENILE COURT.
Section 453.110 RSMo 1949, provides for transfer of custody of child from person, agency, organization or institution having legal custody of said child to any parent, agency or organization or institution for care in a family home without a court order provided the person, agency, organization or institution having legal custody of the child shall retain the right to supervise the care of said child and to resume custody of said child.
85-57 Sept 12 EXECUTIONS.
SHERIFFS.
After receiving an order of execution on real property, a sheriff should proceed with the levy and execution. Further, unless otherwise directed, every execution issued from any court of record shall be returnable at the next succeeding term.
86-57 Jan 9 INSURANCE. Sec. 379.355 RSMo 1949 not violated when cost of municipal franchise tax levied by City of Springfield, Missouri against fire insurance companies has been added to fire insurance rates published for such city by Missouri Inspection Bureau pursuant to Missouri’s Rating Act, Secs. 379.315 to 379.415 RSMo 1949.
86-57 Sept 20 MAGISTRATE COURTS.
STATUTORY CONSTRUCTION.
Senate Bill 189 abolished the office of chief clerk of the magistrate courts of Greene County, Missouri, and created a vacancy to be filled by the Governor.
88-57 Dec 17 Hon. Franklin T. Thackery WITHDRAWN
89-57 Jan 30 ANNEXATION.
ELECTIONS.
CITIES.
ELECTION COMMISSIONERS.
KANSAS CITY.
CONSTITUTIONAL CHARTER CITIES.
Kansas City Board of Election Commissioners may not accept registration records of the Jackson County Board of Election Commissioners applicable to persons within an area annexed to Kansas City; but electors must re-register as provided in Section 82.100, RSMo. 1949.
89-57 Jan 31 Hon. Francis Toohey, Jr. WITHDRAWN
89-57 Feb 15 CORPORATIONS.
FOREIGN.
WHEN DOING BUSINESS IN MISSOURI.
Minnesota corporation has no officer, agent or employee in Missouri soliciting business. It solicits business by advertising matter in magazines, newspapers, over radio and television, and by U.S. mail sent from its Minnesota plant. Orders for goods are accepted at plant but filled and shipments to customers are from stock kept in warehouse in Missouri, by Missouri warehouse corporation. Latter corporation has no relationship with former except by contract. Former furnishes directions to latter for filling orders and shipping goods to customers, and shipments are not in interstate commerce, but are intrastate, and Minnesota corporation is doing business in Missouri within the meaning of Chapter 351, RSMo 1949, and must procure certificate from secretary of state authorizing it to do business in Missouri as required by Sec. 351.570, RSMo 1949.
89-57 Mar 15 CHANGE OF VENUE.
MISDEMEANORS.
COSTS.
When a misdemeanor case is filed in one county, is taken on a change of venue to another county where the defendant is acquitted, the county in which the information was originally filed shall be liable for the costs of the proceedings.
89-57 Dec 9 CORPORATIONS. That portion of Sec. 368.040, RSMo 1949, which relates to special charges in addition to interest rates, is invalid because of its conflict with Sec. 44 of Art. III of the Constitution. A corporation may be incorporated under the provisions of Chapter 368, since the remaining portions of the chapter constitute a workable plan without the invalid portions.
90-57 June 3 DRIVERS LICENSES.
APPLICATIONS MAY BE DESTROYED BY DIRECTOR OF REVENUE.
WHEN.
Paragraph 3, Section 301.360, RSMo 1949, which provides the Director of Revenue may destroy all applications for drivers licenses after four years, means that each and every application filed by the director in accordance with the provisions of Section 302.120, RSMo 1949, may be destroyed after four years from the date each application was filed.
93-57 June 12 LICENSES.
PHARMACISTS.
Construction of Section 338.045, RSMo Cum. Supp. 1955.
93-57 Aug 8 HOUSE BILL NO. 10 69TH
GENERAL ASSEMBLY.
FEDERAL HIGHWAY.
The term “federal highway” means only those which are marked as U. S. routes.
95-57 May 2 COUNTY COURTS.
COUNTY HOSPITALS.
BOND ISSUES.
County court does not possess the authority to call for an election upon a bond issue for the erection of a county hospital; such an election must be by petition of the taxpayers of the county as set forth in Section 108.040, RSMo 1949. When such an election is held and such bond issue is carried that the county court must proceed with the erection of the hospital.
95-57 May 8 COUNTY HOSPITAL BOARD OF TRUSTEES.
EMPLOYMENT OF ARCHITECT.
The board of trustees of a county hospital is authorized to employ an architect to draw up the plans and specifications for such a hospital.
95-57 Dec 9 COUNTY CORONERS. Method and procedure for calling a jury to hold an inquest. If said jury is sworn in they must remain together except when the jury consists of men and women.
96-57 Mar 28 - Amended Sept 9, 1964 SCHOOLS.
SCHOOL DISTRICTS.
In making adjustment and apportionment of property and indebtedness on change of boundary lines between school districts, boards of education must take into consideration all factors mentioned in §165.014, RSMo, Cum. Supp. 1955, and may consider other factors if necessary to arrive at just and proper apportionment. Amount awarded by agreement or by arbitration may be paid and enforced as any other valid claim against district.
97-57 Mar 8 SOCIAL SECURITY. A county which has accepted the provisions of Chapter 105 RSMo Cum. Supp. 1955, extending the benefits of Title 2 of the Social Security Act (42 U.S.C.A. Sec. 401 et seq.) to its employees, is required to pay into the state contribution fund, with respect to wages, amounts at the rates specified in the plan and agreement; and that the county or the proper official thereof can deduct such amounts from wages paid to an elective county official, such as the prosecuting attorney.
98-57 Nov 8 SCHOOLS.
PURCHASE OF SURETY BONDS.
Successful bidder on a public works contract has discretion as to a selection of the surety or sureties for a surety bond. School bond cannot require that successful bidder purchase surety bond from a particular agent or broker.
99-57 Jan 4 DISSOLUTION OF BENEVOLENT CORPORATIONS. The proper method of securing service upon a benevolent corporation which has no place of business and whose officers are all deceased is by publication.
99-57 Jan 28 SPECIAL BENEFIT ASSESSMENT ROAD DISTRICTS.
BOUNDARY EXTENSION.
Boundaries of special benefit assessment road districts of non- township organization county cannot be extended by method authorized in Section 233.155, RSMo 1949, for extension of boundaries of special city or town district of non-township organization counties. Dissolution of a special benefit assessment road district of non-township organization county by method authorized in Section 233.290 or Section 233.295, RSMo 1949, followed by the organization of a new enlarged district of the same kind, not effective as means to enlarge boundaries of former district, but effective means for establishing new benefit assessment district with certain proposed boundaries.
99-57 Mar 12 COUNTY COURT.
COUNTY PARKS.
The county court of Vernon County, Missouri may appropriate a sum of money, not to exceed five per cent of the county revenue fund, for the erection of a building upon land donated to the county for county park and recreational purposes.