Missouri Attorney General Opinions

Incumbent magistrates salaries must be increased or decreased as of January 1, 1961, the effective date of 1960 census if application of statutory classification in effect at commencement of their terms so results.

Employment by County Judge on hourly or monthly basis of park employee who later marries relative of judge during period of his employment does not constitute violation of Article 7, Section 6 of Constitution 1945. Signing employee’s payroll for service performed does not constitute an employment.

A school district may acquire realty by purchase or by gift. Such acquisition should not bind or restrict the school board’s discretion of determining educational policy. Contractual arrangements can only be for a reasonable period of time. School funds can not be used to improve public roads.

Leroy F. Schantz , Director, authorized to requisition funds from federal Unemployment Trust Fund.

Salary of magistrates governed by Section 482.150.

Amended Articles of Incorporation of American Standard Life Insurance Company.

Superintendent of the hospital in his sole discretion may furnish all or any part of the allowances provided in Section 216.350, V.A.M.S. to a convict when discharged, provided the convict is discharged from the hospital at the time his sentence in the penal institution expires. A prisoner confined in a penal institution when paroled or discharged therefrom is entitled to all allowances provided for in Section 216.350, V.A.M.S.

1. Discretion of senatorial apportionment commission in establishing senatorial districts; 2. Board of Election Commissioners has sole authority to establish senatorial districts in City of St. Louis.; 3. Senatorial apportionment commission has no authority in establishment of representative districts.

A prosecuting attorney sending notice to one pursuant to Section 561.470 on complaint of an insufficient fund check in violation of Section 561.460 , cannot charge to or demand of the complainant, the mailing charges thereof.

Employer of County hospital employees is not authorized to deduct and retain a percentage of the state income tax withheld from employees wages.

Florida resident employed in State of Missouri must register and license his motor vehicle in Missouri in order to operate said motor vehicle on the highways of this state, while so employed.

Constitutional Amendment #1 adopted November 8, 1960, provides in Section 46 of the Amendment that emergency powers are granted to the Legislature only after an enemy attack. If the Legislature passes laws with such emergencies in view before an enemy attack, it must do so within the powers presently granted to that body and the constitutional restrictions ordinarily imposed upon any legislation.

Director of Missouri Agricultural experiment station at Columbia, Missouri, having the authority to promulgate regulations under the Missouri Fertilizer Law, Sections 266.291 to 266.351, 1959, may not, in the exercise of such power add to the labeling requirements of Sec. 266.321, 1959, because such action would be adding to the Fertilizer law and adding to its scope.

Officers chosen by county committee under Section 120.800 ., 1959, are elected for an indeterminate term.

Presiding judge of county court is without authority to order clerk to make a record entry showing the judge’s presence during a previously adjourned session of the court. Presiding judge, acting alone, may not order clerk to issue a warrant.

Process of effecting reapportionment of representatives must commence without delay upon the taking of the census. Secretary of state must make the necessary certification forthwith, and upon receipt of such certification, when redistricting is required, the county courts and board of election commissioners in the City of St. Louis must effect such redistricting within 60 days if possible by acting with expedition and due diligence. Statutory requirement that redistricting be completed within 60 days is directory, and a redistricting thereafter completed would be valid. In St. Louis County, county council performs the function of a county court in redistricting the county.

Opinion letter to the Honorable Lee Aaron Bachler

Sections 109.120 and 109.130, 1959 authorize Secretary of State to micro-film permanent records of articles of incorporation with amendments, of “inactive” domestic and foreign corporations and fictitious names records five or more years old, and deem reproductions originals. Reproductions to be placed in conveniently accessible files for preservation and examination. He may certify facts to governor and if governor orders destruction of records from which reproductions made, secretary of state may destroy same.

Opinion letter to the Honorable J. Ben Garrett

Section 11(c), Article X of the 1945 Missouri Constitution, as amended, and Section 165.080, 1959, do not require that all proposed tax rate increases for school purposes be submitted to the voters in one single proposition.

Section 167.220 R.S.Mo. 1959 requires Treasurer of third class county to pay amount of monthly compensation therein provided to superintendent of schools of county as supervisor of school transportation out of funds received from State of Missouri for that purpose. Treasurer unauthorized to make any such payments to superintendent, as school transportation supervisor, before receipt of funds for that purpose from State of Missouri.

A person is not disqualified as a surety in municipal and traffic courts solely because he employs persons who have been convicted of a felony but this fact together with other facts and circumstances may be considered by the court in determining whether the person meets the reputable person requirement of Section 37.107, Rules of the Supreme Court of Missouri.

Office furniture, machines and equipment under control of county agricultural extension council, the purchase price of which is paid from appropriations of third or fourth class county to council, under Sections 262.591 and 262.601, Cum 1957, is property of council. Said property shall not be included in annual inventory of county property required to be reported by county clerk of third or fourth class county under Section 51.155 Cum. . 1957.

If county budget for Class 3, provided for in Section 50.680, 1949, is not sufficient to take care of unforeseen expense in that fund, the county court may use money in Class 6 to defray such expenses if Class 6 contains a sufficient sum not subject to restrictions mentioned in said statute.

Bridgeton , Missouri, is a special charter town; sections 106.300 and 80.800 1949, do not apply to the town of Bridgeton .

1. Duty of judges to return ballots and poll books to county clerk. 2. Duties of sheriffs at election. 3. Absentee ballots may be sent by certified mail. 4. Time off for voting applies although employee lives in county other than where he is employed. 5. Allowance to election judges for returning poll books and ballots to clerk and for services as election judge may not exceed maximum fixed by §111.350. 6. Circuit clerk who “earns” fees on change of venue receives such fees.

Firms can be registered as C.P.A.’s in Missouri if each member is resident of or engaged in practice of public accountancy in United States, is in good standing as a C.P.A. in a state, and if resident member holds Missouri C.P.A. certificate. Firm can be registered as public accountant if resident member holds Missouri certificate as C.P.A. or P.A. May practice under fictitious name if registered under fictitious name law and registered in state. May have Missouri address listed for such firm. Employees of firm not entitled to take Missouri C.P.A. examination unless firm actually practices in this state.

It is the opinion of this department that the order, pursuant to Section 109.140, 1949, authorizing the disposal, archival storage or destruction of records of the police department of Kansas City, Missouri, which have been photographed or microfilmed should be obtained from the Governor of Missouri.

Under general election laws, county court must establish at least one voting place in each township.

A tax sale of a particular piece of property predicated upon a publication of notice of sale, which notice listed the name of C. C. Garrett , which name was neither the name of the record owner or the name of the owner appearing on the land tax book, both of the latter being in the name of C. G. Garrett , is invalid and that upon discovery of said defect prior to the delivery of a tax deed, the collector should refuse to issue to the certificate holder a deed.

It is legal to vote an absentee ballot on July .

When a petition signed by 250 taxpayers of a county requesting the appointment of a public health nurse is presented to the county court, it is mandatory upon the court to make such appointment.

A sheriff in a third class county under the township form of organization is eligible to be elected to the office of county treasurer.

St. Louis County may, by amendment of its charter, abolish the elective offices of assessor and collector and establish a department of revenue under an elected director of revenue, which department shall perform all of the duties heretofore imposed upon the assessor and collector and the duties of the county clerk in connection with taxation.

Maximum property lines of both the main banking house, and the facility to be established by authority found in House Bill No. 568, passed by the General Assembly of Missouri, are to be used as termini in measuring the one thousand yards distance beyond which the authorized facility may not be separated from the main banking house.

A proposition for the adoption of county registration of voters under Chapter 114 V.A.M.S. is to be submitted to the voters for a vote on such proposition at the next general election occurring more than 30 days after the petition is presented to the county court.

Registration and licensing provisions apply to motor vehicles owned by not-for-profit educational institutions.

Article , Sec. 4, Constitution of Missouri, 1945, and Section 21.080, Cum. . 1957, providing qualifications of state representatives do not require that one shall have paid a county tax in the county of his residence prior to his election to be eligible to said office.

The Legislature has prescribed by passage of Section 473.153, paragraph 5,V.A.M.S., that every administrator who is not an attorney, may not appear in court, except by attorney, and this section of law includes public administrators who must meet the same requirements as an individual administrator, and public administrators, like individual administrators, may file their own inventories and settlements.

Discussion of Section 546.615, V.A.M.S., including a holding that the sheriff is required to endorse all allowable jail time on the commitment papers.

The same person may, simultaneously, hold the offices of city assessor and city clerk in a city of the fourth class.

Articles of Incorporation of Old Security Casualty Insurance Company.

In enactment of Sec. 229.160, 1949, requiring movers of threshing machines, sawmills, steam engines, or gasoline tractors to lay down planks of not less than dimensions given, on floor of a bridge before moving any such machines thereover , and that failure to take said precautions, when resulting in injury to bridge, making mover liable in double amount of injuries, it was legislative intent that by expressly naming said machines all other types of machines were impliedly excluded. Diesel powered tractors and heavy machinery not within the purview of section.

Before any expenses are paid to directors of Jackson County Water Supply District No. 1, an itemized expense account should be submitted by each said director claiming reimbursement therefor.

Industrial waste of sewage or other wastes which emanate from the property of an individual, a partnership or corporation but which do not reach a stream, river, lake or other body of water is not subject to the provisions of Chapter 204, , Cum. . 1957, and is not, therefore, within the control and purview of the water pollution board.

Limitation on submission of subsequent plan of reorganization applicable only to area within which vote was taken on previous plan, and not to remainder of county wherein no vote has been taken within one year.

All employees of the Water Pollution Board come within the compass of the merit system, except for the exemptions noted in Section 191.070, , Cum. . 1957. The Water Pollution Board is an “appointing authority” within the meaning of Section 36.020, House Bill No. 111 enacted by the General Assembly.