Missouri AG Opinions — 1952

The fee provided by law for a special prosecutor must be taxed and paid as costs in all cases in which such an officer is employed.

Magistrate judge must hear and determine careless and reckless driving cases, a misdemeanor, brought by information filed by the prosecuting attorney even though the evidence tends to show the defendant might have been charged with the felony of driving while intoxicated.

Governor, by rule, may require loyalty oath of civil defense employees.

The Industrial Commission of Missouri, a member or a Referee may approve settlements at any time, including a case on appeal, and may make a temporary or final award and perform any other act concerning awards except to review awards, the full Commission only having the right to review awards. The Division does not have exclusive authority to make awards. Rules A and B giving the Division such exclusive power, and depriving the Commission and its separate members of the power to hold hearings, make awards or approve compromise settlements are invalid.

County court not required to furnish permanent voting places within county for conducting elections.

Neither the Constitution of 1945, nor RSMo 1949, prescribe a maximum amount of fees that may be received and retained by assessors in third and fourth class counties. Said assessors are legally entitled to receive and retain every fee accruing to their offices annually as compensation for their services.

Justices of the peace records and probate court minute books may not be destroyed.

Sheriff of third class counties entitled to mileage for making investigation of persons accused of or convicted of a criminal offense.

Clerk of the circuit court may demand payment in advance for certified copies of records in his office.

Record as to the section, township and range on which timber grew is sufficient.

It is improper for a prosecuting attorney to represent, at a sanity hearing held within his county, the person whose sanity is the subject of inquiry; also, it is improper for a prosecuting attorney to represent, in his private capacity, an informant in a sanity hearing, but it is the duty of a prosecuting attorney to represent the state and/or county at all sanity hearings held within his county.

Under the provisions of Section 483.345, RSMO 1949, Clerks of Circuit Courts in class three counties in this State may discharge any deputy or assistant at any time.