Missouri AG Opinions — 1956

Governor of State has no authority to create position of Administrator of Safety and Fire Prevention in absence of statutory or constitutional authority to do so.

The same person may serve as a judge or clerk of a municipal bond election and at the same time serve as a judge or clerk of a special state referendum election, providing that such person is duly appointed by proper authority and can physically discharge the duties relating to both elections. Further, a county may recover from the state the expenses of conducting a special referendum election within the limits of the municipality where a municipal question is submitted to a vote at the same time and both elections are conducted by the same officials.

Funds of system may be used to pay expenses of election on coming under federal social security.

A charter adopted by St. Louis City under provisions of Sec. 32(b) of Article VI of the constitution cannot include provisions for eliminating or changing the method of selecting officers to fill “county offices”.

An innocent purchaser of land at a tax sale for delinquent taxes, which sale is held by mistake of the collector, can recover the purchase price of the land and the total sum of any taxes which he may have paid upon the land.

Special election to fill vacancy in office of judge of Cape Girardeau Court of Common Pleas may be called for any time at discretion of Governor; not less than ten days’ notice to be given; candidates may be nominated by party judicial committees or by petitions of nomination; election to be conducted under Chapter 111, RSMo 1949.

In a situation where a patient leaves a mental hospital on discharge or convalescent leave, and leaves in his personal account at the hospital unclaimed funds, there is no existing means by which any disposition can be made by the hospital of these funds. Further, in a situation where a patient in a state mental hospital dies, or leaves the state mental hospital on convalescent leave or discharge and in either situation leaves at the state mental hospital personal property which is unclaimed, such property may become the property of the state hospital as “abandoned property,”, in those cases where the fact situation brings the property within the purview of the law holding property to be abandoned.

Owners of plant nurseries who maintain sales facilities on the nursery premises and who do not have a regular stand or place of business away from such premises are not merchants subject to the merchant’s tax as provided in Section 150.040, RSMo 1949.

Effect of new probate code law as to attorneys and executors or administrators in the administration of an estate.

All unregistered residents of Joplin are required to register before being eligible to vote, in primary and general elections, regardless of the county in which such city residents may reside.

County collector of second class county charges commissions for collection of current taxes and drainage district taxes and pays such commissions to county treasury.

The making up of the tax books of a drainage district organized in the county court of any county in Missouri, under Chapter 243, RSMo 1949, and the entries to be made in such tax books by the county clerk should be in conformity to the directions in subsection 2 of Section 243.350, Laws of Missouri 1953, pages 538, 539.

Section 207.060, RSMo 1949 authorizes the county court to exercise its discretion as to whether or not county funds, services or quarters shall be contributed for support and maintenance of county welfare office; as well as amount and frequency of funds contributed. Fund contributions shall be paid to State Collector of Revenue and not to personnel of county welfare office.

House Bill No. 1, General Assembly, Special Session, as perfected, authorizes and permits the construction of a power plant at the Medium Security Prison for which such bill appropriates money.