| Opinion | Date | Topic | Summary |
|---|---|---|---|
| 2-60 | Jan 8 | Hon. Norman H. Anderson | WITHDRAWN |
| 2-60 | Jan 13 | BAIL. | Where a bail bond is conditioned upon the principal’s appearance for preliminary hearing or in the event that he is bound over to answer such charges filed against him by “indictment or information,” such bond is sufficient to require his appearance in circuit court if preliminary hearing has been held or waived and the defendant has been bound over to answer charges prior to the return of an indictment or the filing of an information. Supreme Court Rule 32.05(b) and Criminal Procedure Form No. 26, promulgated by the Supreme Court of Missouri, do not require appearance for trial if an indictment is returned prior to a preliminary hearing being held or waived, and the court returning the indictment must secure its own bond. |
| 2-60 | Jan 14 | CRIMINAL PROCEDURE. BAIL. SHERIFFS. BAIL BOND. SUPREME COURT RULE 32.03. |
It is the opinion of this office that, under Supreme Court Rule 32.03, the sheriff is permitted but not required to admit a defendant to bail in the amount specified on the warrant. |
| 2-60 | Jan 22 | ARREST. BAIL BOND. BAIL. TWENTY HOUR LAW. |
One who has made bond under the provisions of Supreme Court Rule 21.14 to appear and answer to any charge that may be preferred against him may thereafter be subject to arrest for an offense entirely disconnected from the offense or offenses for which he was first arrested. This is true whether the offense for which the second arrest occurs was committed before or after the giving of such bond. |
| 2-60 | Mar 11 | ENTOMOLOGIST. MISSOURI PLANT LAW. OFFER OF SALE. |
(1) Section 263.040, V.A.M.S. 1949, does not mean that there must be rules and regulations promulgated for the enforcement of those sections of Chapter 263, V.A.M.S. 1949, which do not need such rules and regulations for their enforcement; (2) “Offering for sale” would be the exhibiting of something that may be taken or received or not, the taking or receiving of which would constitute a sale; (3) Section 263.120, supra, would be applicable to any person or truck driver in this state who is the recipient, while in this state, of any plant products brought from within or without this state which do not comply with the requirements of Section 263.100 and 263.110. It would not be applicable to any person who receives the plant or plant products while outside the State of Missouri when they bring the said plant products into this state. |
| 2-60 | 4 | SCHOOLS. | Individual, unincorporated association or not-for-profit corporation may operate summer school in school district buildings, without charge. Members of board and members of not-for-profit corporation contracting with district may be same persons, provided they have no direct or indirect pecuniary interest in such contract. |
| 2-60 | 6 | Hon. Norman H. Anderson | WITHDRAWN |
| 3-60 | Jan 26 | FACSIMILE SIGNATURE. POWER OF ATTORNEY. | A facsimile signature of an officer of a surety company certifying as to the correctness of a power of attorney is a valid signature if the officer intends it to be his signature and he has been authorized by the board of directors to use a facsimile signature and the state in which the power of attorney is executed recognizes such signatures as being valid. |
| 3-60 | 7 | CITY MARSHAL. ELECTION. |
A city marshal of a city of the fourth class may perform the duties enjoined upon him in the conduct of a city election although he is a candidate for re-election at such an election. |
| 3-60 | 6 | Hon. F. Aschemeyer | WITHDRAWN |
| 5-60 | June 13 | BANKING. | Maximum property lines of both the main banking house, and the facility to be established by authority found in House Bill No. 568, passed by the General Assembly of Missouri, are to be used as termini in measuring the one thousand yards distance beyond which the authorized facility may not be separated from the main banking house. |
| 5-60 | July 1 | Hon. G. D. Bauman | WITHDRAWN |
| 7-60 | Nov 1 | ACCOUNTANCY. PUBLIC ACCOUNTANCY. |
Firms can be registered as C.P.A.’s in Missouri if each member is resident of or engaged in practice of public accountancy in United States, is in good standing as a C.P.A. in a state, and if resident member holds Missouri C.P.A. certificate. Firm can be registered as public accountant if resident member holds Missouri certificate as C.P.A. or P.A. May practice under fictitious name if registered under fictitious name law and registered in state. May have Missouri address listed for such firm. Employees of firm not entitled to take Missouri C.P.A. examination unless firm actually practices in this state. |
| 10-60 | Jan 7 | FEES. SHERIFF’S FEES. COURT EXPENSES. |
Section 476.270, 1949, is the authorization for the payment of the three dollars allowed to a sheriff of a third class county for his attendance in a court of record or a criminal court, which may be retained by the said sheriff from the treasury of the county in which the court is held. |
| 13-60 | July 21 | TAXATION. COLLECTOR. |
A tax sale of a particular piece of property predicated upon a publication of notice of sale, which notice listed the name of C. C. Garrett, which name was neither the name of the record owner or the name of the owner appearing on the land tax book, both of the latter being in the name of C. G. Garrett, is invalid and that upon discovery of said defect prior to the delivery of a tax deed, the collector should refuse to issue to the certificate holder a deed. |
| 13-60 | Dec 5 | Mr. Don E. Burrell | WITHDRAWN |
| 14-60 | Jan 18 | TAX EXEMPT LAND. | A tract of land owned by the Branson Chamber of Commerce, which tract is used only for presenting a Christmas Nativity scene is used exclusively for charitable purposes and is not held for private or corporate profit and is exempt from taxation. |
| 14-60 | 14 | LOTTERIES. | Invitation by a newspaper to the public to submit to the newspaper predictions as to the outcome of twelve basketball games, and the score of one specific game, with the offer of a prize for the person who is most successful, contains the elements of prize, chance and consideration and is, therefore, a lottery and contrary to Missouri law. |
| 15-60 | May 6 | STATE PENITENTIARY. DEPARTMENT OF CORRECTIONS. SHERIFFS. CIRCUIT COURTS. |
Discussion of Section 546.615, V.A.M.S., including a holding that the sheriff is required to endorse all allowable jail time on the commitment papers. |
| 15-60 | Sept 20 | MOTOR VEHICLES – HISTORIC. | May be used on highways without further registration so long as it is so used solely for exhibition and educational purposes. |
| 16-60 | Mar 9 | BRIDGES. PUBLIC HIGHWAYS. INJURIES TO. |
In enactment of Sec. 229.160, 1949, requiring movers of threshing machines, sawmills, steam engines, or gasoline tractors to lay down planks of not less than dimensions given, on floor of a bridge before moving any such machines thereover, and that failure to take said precautions, when resulting in injury to bridge, making mover liable in double amount of injuries, it was legislative intent that by expressly naming said machines all other types of machines were impliedly excluded. Diesel powered tractors and heavy machinery not within the purview of section. |
| 16-60 | Mar 21 | SHERIFFS. COSTS. FEES. CRIMINAL LAW. CRIMINAL PROCEDURE. MAGISTRATE COURT. COUNTIES. |
Sheriff of third class county has duty to collect from a defendant convicted in a criminal case in magistrate court commission of 10% of costs taxes against such defendant and to pay such commission into the county treasury. |
| 18-60 | Mar 8 | JACKSON COUNTY WATER SUPPLY DISTRICT NO. 1. | Before any expenses are paid to directors of Jackson County Water Supply District No. 1, an itemized expense account should be submitted by each said director claiming reimbursement therefor. |
| 18-60 | 31 | TAX LEVY. COUNTY JAIL. |
A proposition submitted to the voters of County at the election to be held November 8, 1960, to increase the constitutional tax rate 10 cents on the one hundred dollars valuation, if such proposition receives the required vote that it would be legal for the county court to proceed to build the jail from the proceeds acquired by the additional tax. |
| 20-60 | May 12 | MOTOR VEHICLES. | Registration and licensing provisions apply to motor vehicles owned by not-for-profit educational institutions. |
| 20-60 | July 13 | FICTITIOUS NAMES. CORPORATION. SECRETARY OF STATE. |
It is proper and legal for James S. Kemper & Company to register as “Associated Mutuals,” for the purpose of engaging in or transacting business in the State of Missouri, pursuant to . 417.200 through 417.230, 1949, and Sec. 351.110, par. 2, 1949, does not vest the Secretary of State with such discretion which would permit him to refrain from registering James S. Kemper & Company as “Associated Mutuals” under the fictitious names laws. |
| 21-60 | Jan 5 | EMINENT DOMAIN. CITIES, TOWNS AND VILLAGES. |
Incorporated towns or villages have, by the terms of Section 80.090, 1949, the power of eminent domain to condemn land for the purpose of location and laying out of streets. Section 71.340, 1949, does not grant any powers of eminent domain, nor does it extend the powers granted under Section 80.090, outside the corporate limits of the town or village. |
| 25-60 | Jan 11 | COMPACT ON MENTAL HEALTH. | Responsibility for payment of the cost of maintenance and care of an indigent resident of Missouri transferred to a Missouri State Hospital from another state where the Missouri county of residence is determinable rests upon such county; that where such county of residence cannot be determined, the cost of such maintenance is upon the Missouri State Hospital to which such patient has been committed. Where a nonresident of Missouri is accepted under the provision of the Interstate Compact on Mental Health for treatment in a Missouri State Hospital that the cost of such care and maintenance should be paid out of appropriations made to the Division of Mental Diseases of the Department of Public Health and Welfare. |
| 25-60 | Jan 11 | INTERSTATE COMPACT ON MENTAL HEALTH. | Missouri Interstate Mental Health Compact funds may not be used to transfer from a Missouri State Hospital a resident of a non-Compact state who has come into Missouri as an escapee from a state hospital of another state. A resident of a compact state who is under Missouri commitment to a Missouri State Hospital as an emergency admission may not be transferred by the Missouri Compact Administrator to the patient’s own state through use of Missouri Compact funds in the absence of clinical determination that the best interests of the patient would be served by such transfer. |
| 25-60 | May 11 | STATE SCHOOLS. PRIVATE PATIENTS. PATIENT SUPPORT. |
Senate Bill No. 93, enacted by the General Assembly is applicable to a patient in a state school who was admitted prior to the effective date of such Senate Bill, and who has now attained his majority. Division of Mental Diseases, upon a finding that such a patient, admitted as a county patient, may be placed upon a pay patient status upon a finding by the division that the parents of such child are able to pay a certain amount for his support. In such a situation, parents are liable for the support of their children although such children have passed their majority. The Probate Court is no way involved in this matter. |
| 30-60 | Sept 1 | BOARD OF POLICE COMMISSIONER – KANSAS CITY, MISSOURI. MICROFILMING OF POLICE RECORDS. |
It is the opinion of this department that the order, pursuant to Section 109.140, 1949, authorizing the disposal, archival storage or destruction of records of the police department of Kansas City, Missouri, which have been photographed or microfilmed should be obtained from the Governor of Missouri. |
| 30-60 | 13 | KANSAS CITY BOARD OF POLICE COMMISSIONERS. | The Kansas City Police Department is not authorized by law to pay to its civilian employees a mere gratuity. |
| 32-60 | June 15 | ST. LOUIS COUNTY. CHARTER COUNTIES. COUNTY CHARTERS. ASSESSORS. COLLECTORS. COUNTY CLERKS. |
St. Louis County may, by amendment of its charter, abolish the elective offices of assessor and collector and establish a department of revenue under an elected director of revenue, which department shall perform all of the duties heretofore imposed upon the assessor and collector and the duties of the county clerk in connection with taxation. |
| 33-60 | Jan 5 | Hon. Spencer H. Givens | WITHDRAWN |
| 33-60 | Jan 12 | EMPLOYMENT SECURITY LAW. CERTIFICATES OF ASSESSMENTS. FILING AND RECORDING FEES. NOT PAYABLE IN ADVANCE. CIRCUIT CLERK NOT LIABLE FOR UNPAID FEES. |
Missouri Division of Employment Security’s certificates of assessment showing amount of employers’ delinquent contributions, interest and penalties under Section 288.170, Sum. . 1957, shall be filed and recorded by circuit clerk without payment of his fees in advance. When filing and recording fees for certificates are unpaid at time circuit clerk’s accounts are audited by state auditor, clerk cannot legally be found liable to county for uncollected fees, if he has charged for and reported same to county court as provided by Sections 483.550 and 483.555, 1949. |
| 33-60 | May 23 | SALARY. FIRST DEPUTY. CIRCUIT CLERK AND RECORDER. FOURTH CLASS COUNTY. |
An employee who has been classified as a first deputy to the circuit clerk and recorder under Section 483.380, , C. S. 1957, in a fourth class county whose population brings it within the purview of subsection 2, Section 483.382, cannot by agreement or otherwise be paid less than the amount set forth in subsection 2, supra. |
| 33-60 | 10 | TOWNSHIP AUDITS. | The State Auditor will audit the books and accounts of a municipal township when requested to do so by 5% of the qualified voters of such township determined on the basis of votes cast for the office of Governor in the last preceding election. The actual cost of such audit to be paid by the township. |
| 34-60 | Aug 12 | ELECTIONS. | Under general election laws, county court must establish at least one voting place in each township. |
| 37-60 | July 11 | PUBLIC HEALTH NURSE. COUNTY COURT. |
When a petition signed by 250 taxpayers of a county requesting the appointment of a public health nurse is presented to the county court, it is mandatory upon the court to make such appointment. |
| 37-60 | 25 | NURSING HOMES. LICENSE FEES. |
The only fee required to be paid by the operator of a nursing home is a fee for a license to operate. A license to operate a nursing home should be issued and dated as of the time the home was found acceptable for licensure. |
| 37-60 | 28 | DEAD HUMAN BODIES. DEAD HUMAN BODIES – REMOVAL OF. DIVISION OF HEALTH. PERMIT. DISINTERMENT. |
1. State Health Department or district health department or local board of health may issue permit authorizing a disinterred human body to be transported or removed to another cemetery for reinterment. 2. State Department of Health or any local board of health does not have authority to issue permits for disinterment of dead human body once interred. |
| 37-60 | Nov 3 | DIVISION OF HEALTH. REGULATIONS REGARDING SANITATION IN SLAUGHTERING PLANTS. | The regulations submitted by the Division of Health regarding sanitation in slaughtering houses are compatible with the laws of Missouri; the Division of Health is authorized to promulgate such regulations, and such regulations are legal. |
| 37-60 | Nov 23 | H. M. Hardwicke | WITHDRAWN |
| 38-60 | May 2 | CITY ASSESSOR. CITY CLERK. COMPATIBILITY. |
The same person may, simultaneously, hold the offices of city assessor and city clerk in a city of the fourth class. |
| 41-60 | Jan 11 | Hon. Haskell Holman | WITHDRAWN |
| 41-60 | Dec 21 | COUNTY AGRICULTURAL EXTENSION COUNCIL. THIRD AND FOURTH CLASS COUNTIES. |
Office furniture, machines and equipment under control of county agricultural extension council, the purchase price of which is paid from appropriations of third or fourth class county to council, under Sections 262.591 and 262.601, Cum 1957, is property of council. Said property shall not be included in annual inventory of county property required to be reported by county clerk of third or fourth class county under Section 51.155 Cum. . 1957. |
| 42-60 | 25 | COUNTY COURTS. CONTRACTS. |
A letter to a county court by an authorized officer of a construction company, offering to do certain work for the county for the actual cost of labor and materials plus 10%, and an entry made subsequent to the receipt of such letter by the county court accepting such offer, sufficiently constitute a written contract to comply with that requirement of Section 432.070, 1949, that such contracts “shall be in writing.” |
| 43-60 | 2 | COUNTY OFFICERS. COUNTY RECORDER. COUNTY ASSESSOR. |
Section 137.117, , requires that the county recorder furnish a description of property conveyed in terms of sections or fractional parts of sections, or by subdivisions, lots or parcels where subdivided into such unit and plat is duly recorded. If description cannot be furnished on the basis of these units then the recorder must furnish the assessor with a description which will enable the assessor to locate the property. The description furnished must contain the number of acres transferred when it is given in the instrument, together with the names of the grantor and grantee, the consideration paid and the book and page where the deed is recorded. |
| 43-60 | June 27 | CHILD LABOR. | A child who has passed his fourteenth birthday but who is under the age of sixteen years may be employed, except in those occupations enumerated in Section 294.040, during summer vacations when school is not in session, without securing a work certificate. |
| 43-60 | Nov 10 | Hon. C. M. Hulen, Jr. | WITHDRAWN |
| 44-60 | 1 | MUNICIPALITIES. AIRFIELDS. OPERATION. DISPOSITION. |
When state aid is given a municipality to acquire a site, construct and place its memorial airfield in operation under Section 305.230 1949, said municipality has no obligation to State of Missouri to continue operation of airfield for any definite period of time, but may dispose of same. Section 305.230 imposes no duty on municipality to reimburse state for prior grant of aid out of proceeds of airfield sale. |
| 45-60 | 7 | STATE PARK BOARD. BONDS. |
State Park Board is not authorized to enter into privately negotiated option agreement for sale of revenue bonds. |
| 46-60 | 27 | CITIES. POLICE BOARDS. ST. LOUIS BOARD OF POLICE COMMISSIONERS. |
St. Louis Board of Police Commissioners may discontinue the use of state house if it deems it is no longer needed in the administration of police matters in the particular police district. |
| 51-60 | Nov 3 | CIRCUIT CLERKS. ELECTIONS. |
1. Duty of judges to return ballots and poll books to county clerk. 2. Duties of sheriffs at election. 3. Absentee ballots may be sent by certified mail. 4. Time off for voting applies although employee lives in county other than where he is employed. 5. Allowance to election judges for returning poll books and ballots to clerk and for services as election judge may not exceed maximum fixed by §111.350. 6. Circuit clerk who “earns” fees on change of venue receives such fees. |
| 52-60 | Mar 24 | INSURANCE. | Articles of Incorporation of Old Security Casualty Insurance Company. |
| 52-60 | 22 | INSURANCE. | Articles of Incorporation of National Benefit Life Insurance Company. |
| 52-60 | June 15 | INSURANCE. | Articles of Incorporation of Missouri Fidelity Life Insurance Company. |
| 52-60 | June 22 | INSURANCE. | Articles of Incorporation of Modern Security Life Insurance Company. |
| 52-60 | Aug 5 | Hon. J. Levvis | WITHDRAWN |
| 52-60 | Aug 16 | INSURANCE. | Combination policies filed under Section 379.017, V.A.M.S., should be disapproved for filing when the filing company’s own public rating record discloses that the rate of premium applicable to commercial “fire and allied lines” risks (and forming only a component part of the ultimate indivisible premium rate authorized for the combination policy) differs from the commercial “fire and allied lines” risk rate published for the filing company by the Missouri Inspection Bureau. |
| 52-60 | Sept 14 | INSURANCE. | Articles of Incorporation of Security Standard Life Insurance Company. |
| 52-60 | 14 | INSURANCE. | Articles of Incorporation of Safeway Mutual Insurance Company. |
| 52-60 | Nov 22 | INSURANCE. | Articles of Incorporation of Fairfax Life Insurance Company. |
| 52-60 | Dec 8 | INSURANCE. | Articles of Incorporation of Life Insurance Company of St. Louis. |
| 54-60 | 17 | FERTILIZER. AGRICULTURE. |
Penalties under fertilizer law assessed on basis of monetary value of deficient nutrients. Treble penalty cannot be assessed when penalty is paid to purchaser. |
| 58-60 | 6 | DRAINAGE DISTRICTS. JOHNSON GRASS. |
With the permission of the land owners within the Birmingham Drainage District, and with the permission of land owners immediately outside of the Birmingham Drainage District, which are adjacent to the river side of the levee, the Board of Supervisors of the Birmingham Drainage District may expend funds in their hands for the eradication of Johnson grass. |
| 59-60 | 19 | SCHOOLS. COUNTY BOARDS OF EDUCATION. DISQUALIFICATION OF MEMBERS. |
A portion of Section 165.667 1949, disqualifying member of county board of education who changes his residence to same municipal township or school district in which another board member resides, strictly construed. It has no application to board member who has not changed residence, but because of reorganization of smaller pre-existing school districts to form larger district with extended boundaries, member’s residence is located in same school district as that of another member, former member not disqualified and will continue to serve remainder of term. |
| 59-60 | May 19 | SCHOOLS. REORGANIZED DISTRICTS. |
1. Section 165.257, 1949, is applicable to every school district in Missouri not maintaining approved high school offering work through twelfth grade. 2. Pupil living in reorganized district does not have unrestricted right to attend high school in any other district. Right to attend school of choice subject to limitations of Section 165.257, 1949. 3. When reorganized district not maintaining high school provides transportation for resident pupils to approved high school of adjoining district and some of said pupils are provided transportation by another adjoining district to its high school, reorganized district is obligated to pay for transportation in excess of specified state aid to said other adjoining district. |
| 62-60 | Jan 28 | SCHOOLS. | Petition for annexation of one school district to another void when districts did not adjoin at time of filing petition. County board of education acquires jurisdiction by submitting plan of reorganization subsequently. |
| 62-60 | 6 | Hon. William B. Milfelt | WITHDRAWN |
| 62-60 | July 13 | COUNTIES. COUNTY COURTS. RABIES. HEALTH. |
The county court of a third-class county does not have authority to appoint a rabies control officer or to authorize the county health center trustees to do so. Without authority for appointing such rabies control officer public funds may not be used to pay the salary of any such officer. |
| 62-60 | Aug 25 | CITIES. CITY ELECTIONS. ELECTIONS. ELECTION EXPENSES. SCHOOL DISTRICTS. SCHOOL DISTRICT ELECTIONS. VOTING MACHINES. |
Whenever a school district, located primarily but not wholly, within a third class city holds its annual election in conjunction with the city’s annual election, the school board shall be responsible for those election expenses which are in addition to the election expenses normally expended by the city for an election. |
| 69-60 | Jan 7 | TAXATION. TAX SALE. COUNTIES. |
In the event of an invalid tax sale, a county would not be obligated or liable for any amounts in excess of a refund of the purchase moneys plus interest. |
| 69-60 | 13 | PUBLIC OFFICERS. RECORDER OF DEEDS. FEES AND SALARIES. COMPENSATION. |
The fee provided by Section 59.490, V.A.M.S., for adding names to the alphabetical list and furnishing certified copies of veterans’ discharges may be retained by the recorder of deeds as unaccountable fees and is not to be considered in determining the maximum amount which the recorder may retain set forth in Section 59.250, V.A.M.S. |
| 69-60 | Nov 17 | NEPOTISM. LIBRARIES. COUNTY SUPERINTENDENTS OF SCHOOLS. COUNTY LIBRARY DISTRICT. OFFICERS. |
Section 182.050, , forbidding employment of relatives of trustee by county library board of trustees or librarian is applicable to relatives of county superintendent of schools, an ex officio member of the board of trustees. |
| 71-60 | Dec 7 | COUNTIES. | If county budget for Class 3, provided for in Section 50.680, 1949, is not sufficient to take care of unforeseen expense in that fund, the county court may use money in Class 6 to defray such expenses if Class 6 contains a sufficient sum not subject to restrictions mentioned in said statute. |
| 72-60 | Jan 13 | LIBRARIES. MERGER. CITY AND COUNTY TAXES. TAX RATE NOT REQUIRED TO BE EQUALIZED. |
When city library district with tax rate of ½ mill, and county library district, with rate of one mill, are to be merged under provisions of Section 182.040, Cum. ., 1957, equalization of tax rates before districts can be merged is not required. |
| 72-60 | 20 | COUNTY HOSPITALS. | The hospital board of trustees does not have the authority to spend accumulated money in the hospital fund for a promotion or advertising campaign preceding a bond election to enlarge the public hospital. |
| 72-60 | Dec 8 | CITY OFFICERS. ASSISTANT CITY MARSHAL. |
An assistant city marshal of a third class city is prohibited by law from selling the city in which he is assistant marshal, a motor vehicle because of the fact that he is a city officer. |
| 75-60 | 10 | JURY. JURY FEES. COUNTIES. |
In civil cases wherein a change of venue has been granted the county to which the venue has been changed is liable for duly authorized jury fees over and above the amounts which are taxed as costs and collected from the unsuccessful party. |
| 76-60 | June 16 | Hon. James M. Robertson | WITHDRAWN |
| 80-60 | Jan 18 | BOARD OF PUBLIC BUILDINGS. DIRECTOR OF PUBLIC BUILDINGS. CHIEF OF PLANNING AND CONSTRUCTION. PUBLIC BUILDINGS. |
Chief of Planning and Construction is not authorized or directed to exercise any authority in conjunction with construction of medium security penal institution at Moberly, Missouri. |
| 81-60 | July 14 | ABSENTEE BALLOTS. LEGAL INHERITANCE. |
It is legal to vote an absentee ballot on July . |
| 81-60 | Sept 19 | Hon. Virgil R. Sheffield | WITHDRAWN |
| 83-60 | Mar 1 | WATER POLLUTION BOARD. | Industrial waste of sewage or other wastes which emanate from the property of an individual, a partnership or corporation but which do not reach a stream, river, lake or other body of water is not subject to the provisions of Chapter 204, , Cum. . 1957, and is not, therefore, within the control and purview of the water pollution board. |
| 83-60 | Mar 21 | SUBDISTRICT WATERSHEDS. COSTS. |
Mill tax money which is collected in subdistrict watersheds established under Chapter 278, Missouri Revised Statutes, Cumulative Supplement, 1957, may be used to pay the cost of advertising for bids and the construction of works of improvement in the watershed development; such tax money may not be used in connection with the election of trustees; administrative costs closely connected with construction of works of improvement may be paid from proceeds of the mill tax; such other items of administrative costs as may not be paid out of such mill tax money, may be paid out of fund of the soil conservation district or districts in which the subdistrict in question is located. |
| 83-60 | Sept 6 | COUNTY COURT. | Presiding Judge unauthorized by any Missouri statute to adjourn court on his own motion, when all three judges are present and when motion is not presented to entire court and adopted by a majority of the members present, voting in favor of the motion. |
| 83-60 | 14 | CRIMINAL LAW. PUBLIC HEALTH AND WELFARE. |
Untried information referred to in Section 222.080 V.A.M.S. embraces (1) informations by prosecuting attorneys in misdemeanor cases filed under Supreme Court Rules 21.03 and 21.047 and (2) informations filed by prosecuting attorneys in circuit court in felony cases after preliminary hearing has been accorded as required by Supreme Court Rule 23.027 but does not include an original “complaint” in felony cases made by a prosecuting attorney or other person, under authority found in Supreme Court Rule 21.08, preceding a preliminary hearing. A Probate court or magistrate court is within descriptive term “court of record” as same is used in subparagraph (2) of Section 202.595 V.A.M.S. authorizing application for institutionalization in Missouri’s “state schools” for mentally deficient but either court must have acquired proper jurisdiction of the persons in the premises. |
| 83-60 | Nov 10 | CRIMINAL LAW. PUBLIC SERVICE COMMISSION. |
A person convicted under Section 390.171, Missouri Revised statute, Cum. Sup., 1957 should be punished upon the basis of the statutory penalty set forth as punishment for the conviction of a misdemeanor in Section 556.270 1949. |
| 83-60 | Dec 7 | REGISTERED ENGINEERS. MUNICIPALITIES. |
The Water Pollution Board should accept plans and specifications submitted by duly appointed city engineers without regard to whether they are licensed in the state. |
| 84-60 | May 6 | PUBLIC ADMINISTRATORS. ESTATES. PROBATE COURTS. |
The Legislature has prescribed by passage of Section 473.153, paragraph 5,V.A.M.S., that every administrator who is not an attorney, may not appear in court, except by attorney, and this section of law includes public administrators who must meet the same requirements as an individual administrator, and public administrators, like individual administrators, may file their own inventories and settlements. |
| 84-60 | Sept 21 | Hon. Floyd L. Sperry, Jr. | WITHDRAWN |
| 85-60 | Jan 29 | WATER POLLUTION BOARD. | All employees of the Water Pollution Board come within the compass of the merit system, except for the exemptions noted in Section 191.070, , Cum. . 1957. The Water Pollution Board is an “appointing authority” within the meaning of Section 36.020, House Bill No. 111 enacted by the General Assembly. |
| 85-60 | May 6 | ELECTIONS. COUNTY CLERK. |
County clerk not required under Chapter 116 to publish notice that registration books will be closed for a period of 28 days before election. Cost of publication of such notice is not a proper expense of the county. |
| 85-60 | July 22 | COUNTY TREASURERS. COUNTY OFFICERS. COUNTY DEPOSITORIES. |
The county has a duty to reimburse county treasurer for his expenses in making bank deposits at the various county depositories, where such depositories are located outside the county seat. Reimbursement may be made on the basis of actual expenses or by mileage, but if made on a mileage basis, it must not exceed actual expenses. |
| 87-60 | May 6 | STATE REPRESENTATIVE. QUALIFICATIONS. NOT REQUIRED TO BE TAXPAYER. |
Article , Sec. 4, Constitution of Missouri, 1945, and Section 21.080, Cum. . 1957, providing qualifications of state representatives do not require that one shall have paid a county tax in the county of his residence prior to his election to be eligible to said office. |
| 89-60 | Jan 12 | VOLUNTARY DISSOLUTION OF CORPORATION. | A corporation seeking dissolution under Section 351.460, 1949, may be permitted to dissolve without compliance with Sections 351.125 and 351.135, 1949, if the corporation has not registered and made the affidavit required by these sections. |
| 92-60 | Dec 22 | Hon. Harold L. Volkmer | WITHDRAWN |
| 93-60 | June 20 | COUNTY TREASURER. TOWNSHIP FORM OF ORGANIZATION. |
A sheriff in a third class county under the township form of organization is eligible to be elected to the office of county treasurer. |
| 96-60 | Jan 29 | SCHOOLS. | Limitation on submission of subsequent plan of reorganization applicable only to area within which vote was taken on previous plan, and not to remainder of county wherein no vote has been taken within one year. |
| 96-60 | 16 | SCHOOLS. SCHOOL DISTRICTS. |
Petition for change of boundary lines between six-director districts must be signed by qualified voters who come from and equal 10% of the qualified voters of one of districts affected and may originate in either district affected thereby. |
| 96-60 | 6 | COUNTY HOSPITALS. COUNTY TREASURER. BOND. |
The premium on the bond of a county treasurer, which bond was required by the county court, to secure moneys belonging to a county hospital which are in his hands, may not be paid out of the hospital money but must be paid from the general revenue fund of the county. |
| 96-60 | 28 | SCHOOLS. STATE BOARD OF EDUCATION. SCHOOL DISTRICTS. |
The statutory provisions found within Section 165.677, Cum. . 1957, which give the State Board of Education sixty days in which to consider county reorganization plans for school districts and return to the county board approved or disapproved, are directory. These provisions are designed to expedite reorganization of school districts and tardy compliance does not invalidate the proceedings taken thereunder. However, it is incumbent upon the State Board to adhere to this schedule as nearly as practicable. Even though the provisions are directory, they are meant to be followed as closely as possible. |
| 97-60 | May 25 | VOTING. VOTERS. VOTER REGISTRATION. REGISTRATION. COUNTY COURT. ELECTIONS. |
A proposition for the adoption of county registration of voters under Chapter 114 V.A.M.S. is to be submitted to the voters for a vote on such proposition at the next general election occurring more than 30 days after the petition is presented to the county court. |
| 97-60 | Aug 31 | JOHNSON GRASS. TOWNSHIP COUNTIES. TAXATION. |
(1) In counties with township organization it would be the responsibility of the township to control Johnson grass on the right of ways which are owned, occupied or controlled by those individual townships; (2) Townships in counties under township organization declared a Johnson grass extermination area, authorized by Section 263.265, V.A.M.S. 1959 to levy upon all property subject to their authority a tax in an amount not to exceed five cents on each $100 assessed valuation, for the purposes of this act, are of necessity the governing body which determines the amount of that tax to be levied within the maximum allowed. |
| 97-60 | Sept 9 | PUBLIC ADMINISTRATOR. INHERITANCE TAX APPRAISER. PROBATE COURT. |
The public administrator may be appointed and serve as an inheritance tax appraiser of an estate pursuant to Section 145.150 and there is no incompatibility between the duties of a public administrator and a tax appraiser except in cases where the public administrator is acting pursuant to Sections 473.743 et seq. |
| 97-60 | Sept 19 | ROADS. CLOSING. COUNTY COURTS. |
In a situation where, by virtue of the authority granted in Section 228.110, 1949, twelve freeholders or a township have filed an application with the county court for the closing of a road in such township and no remonstrances against the closing of the road have been filed and the time within which the filing of remonstrances could be made had expired, it is not mandatory upon the county court to close such road, but is discretionary. |
| 99-60 | Jan 7 | SHERIFFS. | Section 57.105, V.A.M.S., requires the sheriff to fingerprint and photograph only those persons taken into custody upon the execution of a warrant of arrest or placed in his custody by a commitment order of a court. |
| 99-60 | Mar 23 | ELECTIONS. ALIENS. DISQUALIFIED FROM VOTING. DISQUALIFIED FROM VOTING – WHEN. |
Filing of petition for naturalization as United States citizen by alien, who has not been finally awarded citizenship, said alien is not citizen of U.S. within the meaning of Article VIII, Section 2, Constitution of Mo., as amended, and is not entitled to vote at any elections by people of Missouri. |
| 99-60 | May 12 | Hon. Larry M. Woods | WITHDRAWN |
| 99-60 | Nov 7 | CRIMINAL LAW. CRIMINAL PROCEDURE. FELONIES. |
A defendant in a felony case may, under the provisions of Section 22(a) of Article I of the Missouri Constitution of 1945, waive his right to trial by jury, if approved by the court. Supreme Court Rule 26.01 establishes the method of waiver of trial by jury in any criminal case. Section 546.040, 1949, requiring mandatory trial by jury in all felony cases, is unconstitutional. |
| 100-60 | Nov 8 | CITIES, TOWNS & VILLAGES. SPECIAL CHARTER TOWN. |
Bridgeton, Missouri, is a special charter town; sections 106.300 and 80.800 1949, do not apply to the town of Bridgeton. |
Missouri Attorney General
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