Missouri AG Opinions — 1953

Board of Election Commissioners of City of St. Louis has authority to provide for an additional magistrate district by virtue of the 1950 census and is vested with sole authority to create such new district.

County officer ousted from office by quo warranto entitled to compensation of office for official duties until his successor is elected or appointed and qualified. In performing any acts of the office subsequent to filing of an information against him in quo warranto proceedings, he is acting as a de facto officer and such acts are valid.

County court of Jackson County authorized to appoint county counselor for a term ending December 31, 1954.

A contract for public works entered into, through mistake, with a party not the low bidder is void; contract may be let with low bidder notwithstanding.

Assessment lists cannot be added to the Assessor’s book in class three counties after his book has been turned over to the County Clerk.

When county changes classification from 4 to 3 on Jan. 1, 1953, incumbent officers to receive compensation allowed by statute to officers of 3rd class counties. Greater compensation not an increase during officer’s term in violation of Art. VII, Sec. 13, of Constitution.

“A’s” adoption in Maine prior to 1917 to be given the same effect, insofar as “A’s” rights under Missouri statutes are concerned as if “A” had been adopted in Missouri. “A” is child of adopting parents as fully as if born to them in lawful wedlock; can inherit from them, but not their kinsmen. “A” is not brother of “B”, a child of adopting parents; upon “B’s” death intestate in Missouri, “A” cannot inherit from “B”, and “A” is not entitled to exemptions and rate allowable to brother under inheritance tax statutes.

Merchant’s stock of goods should be taxed at the place where it is located.

The offering for sale of meat product designated as “tenderette,” the advertisement of which states the ingredients contained therein, none of which ingredients are injurious to health in the proportion used in such product and none of which ingredients are prohibited by Missouri law, is not in violation of the laws of Missouri.

Salary of sheriff in fourth class elected in 1948 is reduced by change in population as shown by 1950 decennial census.

It is the duty of a sheriff to collect and account for all fines, penalties, forfeitures and other sums of money accruing to the state or any county in virtue of any order, judgment or decree of a court of record.

Plants receiving milk, testing for butter-fat, paying producer on basis of test filtering, cooling and transporting milk to other plants are “milk plants” within the meaning of Par. 20, Sec. 196.520, RSMo 1949. Filtering and cooling is “processing” within meaning of law. Such plants required to secure one or more types of licenses provided by Paragraph 6, Sec. 196.605, RSMo 1949, to engage in such business.

A coroner of a third class county is not entitled to retain fees in addition to salary provided by law.

A county court speaks only through its record. County not bound by oral agreements with county judges.

Appropriation for M. U. Medical and surgical school is valid and Governor’s attempted partial veto of bill does not render appropriations unconstitutional.

“Baled burlap” and “baled cotton” are “agricultural products or the manufactured or processed derivatives of agricultural products” as such language is used in subparagraph (1)(c) of Section 362.170, RSMo 1949.

One found to be a criminal sexual psychopath within meaning of Sec. 202.700 RSMo 1949, of Criminal Sexual Psychopath Act and committed to State Hospital No. 1, against whom a criminal charge is pending cannot be prosecuted on said charge during probationary period or subsequent to final discharge from hospital.

Secs. 12.010 and 12.020 RSMo 1949 divest State of Missouri of jurisdiction over violations of criminal law occurring on land occupied by Public Health Service Hospital, 525 Couch Avenue, Kirkwood, Missouri.

The county attorney’s commission need not be recorded or filed in any county office.

No legal requirement that a licensed embalmer sign death certificate of one not embalmed.

Department of Corrections has no authority to charge off items due Penitentiary Industries Revolving Fund. Unpaid sums due Penitentiary Industries Revolving Fund for Auto License plates furnished other departments of State Government.

1) Non-resident military personnel exempted from payment of personal property tax. 2) Non-resident civilian employees living within or without boundaries of Fort Leonard Wood reservation owe personal property tax. 3) Resident military personnel owe personal property tax in county of residence. 4) Collector should certify no taxes due from non-resident military personnel.

It is the duty of the Prosecuting Attorney to represent the county in condemnation of right-of-way for establishment of county road.

Conditions and limitations in deeds reserving control under armories for non-military uses not affected by subsequent law vesting control in the adjutant general.

Articles of Incorporation of Automobile Owners Safety Insurance Company.

Recorders in 3rd class counties where there is a separate Circuit Clerk and Recorder determines the amount of salary for deputy hire which must be reasonable. The Recorder in said counties shall also determine the number of deputies necessary to perform the duties of the office promptly, carefully and well. Such reasonable payment to necessary deputy or deputies may be deducted from Recorder’s fees, balance paid County Treasurer.

There are no minimum age requirements for a deputy county clerk of a fourth class Missouri county.

A voter residing in that portion of Kansas City located in Clay County and who desires to vote in a special election to fill a vacancy in the office of state representative must comply with the city registration laws; precinct judges and clerks to the same in number as at general elections.

Board of directors of school district may direct where pupils will attend school within the district in order to provide best educational facilities for school children.