Missouri AG Opinions — 1955

County court may not obligate county by designating in December, 1954, newspaper in which county’s financial report is to be published after January 1, 1955.

Proposed agreement may conflict with Section 362.170, RSMo 1949.

County court presumed to have taken increased compensation for county treasurer into consideration when it increased annual compensation.

In deciding contested cases the board of zoning adjustment in first class counties must make findings of fact and conclusions of law.

Horses owned by a resident of a township which has not voted to enforce the provisions of Chapter 270, RSMo 1949, to restrain animals from running at large may be restrained under said Chapter if such animals go into a township which has voted to come under the stock law and break the enclosure of a resident of that township. Under Chapter 271 they may be dealt with as strays. The sheriff is a proper and authorized person to enforce the terms of said Chapter 271 when animals are running at large in violation of the stock law, under said Chapter 270, and have been deemed to be strays.

Annual compensation of county assessor in third class county computed on fee basis until commencement of next year of his incumbency after effective date when county’s classification changes from third class to second class, at which time he will receive an annual salary as provided by Sec. 53.120, RSMo. 1949. Such assessor’s deputies to be compensated under Sec. 53.090 from date such assessor’s compensation is changed.

Circuit clerk and ex-officio recorder of deeds in 3rd class county not permitted to retain fees collected under Section 451.150 and Section 193.350 RSMo 1949. Presiding judge of county court in third class county not to receive compensation under Sec. 3, H. B. 163, 67th General Assembly, for additional duties prescribed by such law if such duties are performed subsequent to December 31, 1954.

In second class county, court has discretion in determining whether or not annual purchases need be advertised. Contracts for repair of road machinery under certain circumstances need not be let on competitive bidding.

Amounts due from decedent for sales tax collected by him should be classified as a demand of the third class rather than as a fifth class demand, but administrators should pay such amounts without demand.

Proposition to invoke stock law by entire county under Sec. 270.090, RSMo 1949, requires merely a majority of the voters voting on the proposition. Where proposition to enforce stock law carries at county-wide election, the stock law is in effect county wide in spite of fact that identical proposition submitted simultaneously at separate township election was defeated in some of the townships.

Missouri State Park Board is authorized to lease land for state park purposes.

Section 481.140, RSMo 1949, relating to the power of the members of the county bar to elect a probate judge, and Section 482.120, relating to the power of a circuit judge to appoint a magistrate, in case of disability, are both rendered null and void by Section 6 of Article V of the Constitution of Missouri, and by Supreme Court Rule 11.05.

The hiring of building and maintenance employees for a place of detention for neglected and delinquent children in Jackson County, resides in the county court of Jackson county and not in the Judge of the Juvenile Court of said county, and therefore the salaries of said employees cannot properly be included in the budgetary request for appropriations of the Judge of the Juvenile Court of Jackson County.

Reciprocity in regard to vehicles hauling for hire exists between the State of Missouri and the State of Florida in interstate movements.

Supervisors of a soil conservation district may administer the business of that portion of a small watershed which lies within the soil conservation district of which they are supervisors.

False, misleading or deceitful advertising by a chiropodist may be sufficient ground for revocation of his license to practice chiropody.

The magistrate judge of Benton County is not precluded from holding a preliminary examination, based upon affidavits for state warrants filed in the magistrate court of Benton County, by the fact that previously identical affidavits for state warrants were filed in the magistrate court of Benton County, and that upon a preliminary examination held thereon, same defendant was ordered discharged.

The county court of Marion County, Missouri, may legally authorize expenditures and expend county funds, within certain defined limits, for the purpose of construction, repair, improvement and upkeep of the streets of an incorporated municipality within the county boundaries, when such street forms part of a continuous highway of said county leading through the city or village; that a street, to form a part of a continuous highway of the county, must be a connecting link between two portions of a highway, which together form an uninterrupted line of traffic; that it is necessary that such street be a continuation of a county highway, and that it extend through and beyond the aforesaid city or village; that if a highway end at the city limits of a city or village, or if the city limit is the Mississippi River, a state line or a county line, money cannot be spent as aforesaid on the improvement of the aforesaid city street.

A recorder of deeds is entitled to a fee of $1.00 for the recordation of a marriage license and the return thereon; and is further entitled to a fee of 50¢ for each marriage certificate filed with him if the recorder makes the report required by Section 193.340, RSMo 1949.

Official of political subdivisions authorized to sign project applications for federal contributions to Civil Defense Program is chief executive officer of political subdivision and not local civil defense director.

The Commissioner of Agriculture may not make cash payments to non-profit agricultural societies for the purpose of defraying the expenses of representatives of those societies to the annual convention of the Missouri Association of Fairs.

Property or money transferred to a trustee for the purpose of beautification and care of the graves of testator and his wife, is subject to Missouri inheritance tax.

State entomologist may establish quarantine to prohibit the transportation into the state of products, articles or things capable of carrying the pink bollworm.

There is no legal prohibition against a manufacturer making and leasing to any store licensed to sell intoxicating beer, a metal beverage cooler containing a metal superstructure upon which will be colored pictures of the products contained in the cooler, such a milk, soft drinks, intoxicating liquor or nonintoxicating beer, from which the customer may help himself, such intoxicating liquor or nonintoxicating beer not to be consumed on the premises.

Farmers’ mutual insurance companies organized under, or accepting, the provisions of H.B. 249, 67th General Assembly are permitted to write “miscellaneous” coverage referred to in subparagraph 4, Section 4 of the Act only if the guaranty fund or policyholders’ surplus of not less than $400,000.00 is maintained.

A woman is not entitled to admission to the Federal Soldiers’ Home by virtue of being the mother-in-law of a former serviceman.

The City of Doniphan should not pay taxes upon its city hall.

The County Court of Holt County, Missouri has the authority to spend county money for a right of way inside the city limits of Mound City for a road to be taken over by the state.

County committeeman holds over until his successor is elected and qualified.