Missouri AG Opinions — 1951

Federal Fair Labor Standards Act of 1938 does not apply to workers employed by a county.

An absentee ballot may be cast in a school reorganization election. It is the duty of the County Board of Education to supply ballots in a school reorganization election.

The office of city attorney in a third class city when the duties of that office are limited by city ordinance to the prosecution of cases in police court is not incompatible with the office of county treasurer in a third class county.

The estate of a Probate Judge who dies in office is not entitled to compensation as salary incident to such office between the date of the death of such Judge and the date of the appointment of a successor to him. Neither is the newly appointed Judge entitled to compensation between the date of the death of the previous Judge and the date of his appointment. Any balance of such salary unused constituting a part of excess fees collected by the Probate Judge should be paid into the school fund of such county.

Judge of county court holds over until successor is elected and qualified; no vacancy exists because judge-elect fails to qualify on account of illness; may qualify within reasonable time after physically able to perform duties.

Parolees under Section 549.170, R.S. Mo. 1949, and persons discharged by certificate under Section 217.370, R.S. Mo. 1949, entitled to vote in Missouri.

Taxes collected for County Health Centers paid into county treasury.

County Clerk may permit assessor to hire stenographic help in fourth class county; County Court not authorized to pay compensation for deputy assessor or clerical hire. County Clerk not authorized to alter assessor’s books on his own initiative when assessor certified his books to the county court.

Criminal prosecution must be instituted within the jurisdiction in which the crime occurred. A person may be prosecuted for making false answers in an affidavit.

A township collector shall receive a commission of 2 ½% on the first $40,000 collected during the year or annual term of his office prior to his final settlement in March of each year, and 1% on the next $40,000 collected, and ¾ of 1% on the remainder and that the period of time during which said collections are made is not affected by the fact that the collections may have been made in two different calendar years.

Amount of official bond of county collector to be based on largest total collection during any one month of year preceding election. Provision of section 52.020 RSMo 1949 classifying counties of less than 85,000 population into a class, invalid, being in violation of Article VI, Section 8 of Constitution adopted in 1945.

County budget officer in county of the first class may not change original estimate of the circuit court, and county court’s appropriation order must make appropriation in accordance therewith unless changed by consent of the circuit court.

When Senator-elect has been seated by State Senate, he is entitled to salary of such office.

Probate judge and magistrate may also hold office of notary public, but is not entitled to receive compensation for any duties performed as notary public. Change in population of county changes salary of county officers effective January 1, 1951.

Circuit clerk may appoint as his deputy the first cousin of his father-in-law without violating the nepotism law in this state.

Interest on intangible tax computed from date tax is due, which is date of filing return or March 15th where no return is filed.

Board of directors of city, town or consolidated school district cannot deed tract of land to the state for armory purposes without consideration, as board only has authority to “advertise, sell and convey” same.

Attorneys may not be sureties on official bonds.

When a county adopts the township organization form of county government the county collector of revenue and the county assessor in office at the time when township organization becomes effective in said county, continue to hold their office until their respective terms expire as provided for in Section 14020, R. S. Mo. 1939. The County treasurer under such a situation continues to serve as county treasurer.

Prosecuting attorney of county from which change of venue is taken should be remitted conviction fee.

The taking of a prisoner before the court for trial or confession of guilt by the sheriff does not constitute attendance upon such court by the sheriff. The sheriff is entitled to a fee of $1.00 for taking the prisoner before the court for trial or confession.

Secretary of State may issue corrected patent for land in cases in which land was erroneously described in original patent from state after proper showing is made.

Person who has contracted to transport school children to and from school not excused from supplying said transportation due to bad weather conditions.