Missouri Attorney General Opinions

Petition for annexation of one school district to another void when districts did not adjoin at time of filing petition. County board of education acquires jurisdiction by submitting plan of reorganization subsequently.

A facsimile signature of an officer of a surety company certifying as to the correctness of a power of attorney is a valid signature if the officer intends it to be his signature and he has been authorized by the board of directors to use a facsimile signature and the state in which the power of attorney is executed recognizes such signatures as being valid.

Chief of Planning and Construction is not authorized or directed to exercise any authority in conjunction with construction of medium security penal institution at Moberly , Missouri.

A tract of land owned by the Branson Chamber of Commerce, which tract is used only for presenting a Christmas Nativity scene is used exclusively for charitable purposes and is not held for private or corporate profit and is exempt from taxation.

It is the opinion of this office that, under Supreme Court Rule 32.03, the sheriff is permitted but not required to admit a defendant to bail in the amount specified on the warrant.

When city library district with tax rate of ½ mill, and county library district, with rate of one mill, are to be merged under provisions of Section 182.040, Cum. ., 1957, equalization of tax rates before districts can be merged is not required.

A corporation seeking dissolution under Section 351.460, 1949, may be permitted to dissolve without compliance with Sections 351.125 and 351.135, 1949, if the corporation has not registered and made the affidavit required by these sections.

Missouri Division of Employment Security’s certificates of assessment showing amount of employers’ delinquent contributions, interest and penalties under Section 288.170, Sum. . 1957, shall be filed and recorded by circuit clerk without payment of his fees in advance. When filing and recording fees for certificates are unpaid at time circuit clerk’s accounts are audited by state auditor, clerk cannot legally be found liable to county for uncollected fees, if he has charged for and reported same to county court as provided by Sections 483.550 and 483.555, 1949.

Responsibility for payment of the cost of maintenance and care of an indigent resident of Missouri transferred to a Missouri State Hospital from another state where the Missouri county of residence is determinable rests upon such county; that where such county of residence cannot be determined, the cost of such maintenance is upon the Missouri State Hospital to which such patient has been committed.; Where a nonresident of Missouri is accepted under the provision of the Interstate Compact on Mental Health for treatment in a Missouri State Hospital that the cost of such care and maintenance should be paid out of appropriations made to the Division of Mental Diseases of the Department of Public Health and Welfare.

Section 57.105, V.A.M.S., requires the sheriff to fingerprint and photograph only those persons taken into custody upon the execution of a warrant of arrest or placed in his custody by a commitment order of a court.

In the event of an invalid tax sale, a county would not be obligated or liable for any amounts in excess of a refund of the purchase moneys plus interest.

Section 476.270, 1949, is the authorization for the payment of the three dollars allowed to a sheriff of a third class county for his attendance in a court of record or a criminal court, which may be retained by the said sheriff from the treasury of the county in which the court is held.

Incorporated towns or villages have, by the terms of Section 80.090, 1949, the power of eminent domain to condemn land for the purpose of location and laying out of streets. Section 71.340, 1949, does not grant any powers of eminent domain, nor does it extend the powers granted under Section 80.090, outside the corporate limits of the town or village.

In civil cases wherein a change of venue has been granted the county to which the venue has been changed is liable for duly authorized jury fees over and above the amounts which are taxed as costs and collected from the unsuccessful party.

A portion of Section 165.667 1949, disqualifying member of county board of education who changes his residence to same municipal township or school district in which another board member resides, strictly construed. It has no application to board member who has not changed residence, but because of reorganization of smaller pre-existing school districts to form larger district with extended boundaries, member’s residence is located in same school district as that of another member, former member not disqualified and will continue to serve remainder of term.

With the permission of the land owners within the Birmingham Drainage District, and with the permission of land owners immediately outside of the Birmingham Drainage District, which are adjacent to the river side of the levee, the Board of Supervisors of the Birmingham Drainage District may expend funds in their hands for the eradication of Johnson grass.

Penalties under fertilizer law assessed on basis of monetary value of deficient nutrients. Treble penalty cannot be assessed when penalty is paid to purchaser.

St. Louis Board of Police Commissioners may discontinue the use of state house if it deems it is no longer needed in the administration of police matters in the particular police district.

State Park Board is not authorized to enter into privately negotiated option agreement for sale of revenue bonds.

When state aid is given a municipality to acquire a site, construct and place its memorial airfield in operation under Section 305.230 1949, said municipality has no obligation to State of Missouri to continue operation of airfield for any definite period of time, but may dispose of same. Section 305.230 imposes no duty on municipality to reimburse state for prior grant of aid out of proceeds of airfield sale.

Section 137.117, , requires that the county recorder furnish a description of property conveyed in terms of sections or fractional parts of sections, or by subdivisions, lots or parcels where subdivided into such unit and plat is duly recorded. If description cannot be furnished on the basis of these units then the recorder must furnish the assessor with a description which will enable the assessor to locate the property. The description furnished must contain the number of acres transferred when it is given in the instrument, together with the names of the grantor and grantee, the consideration paid and the book and page where the deed is recorded.

A letter to a county court by an authorized officer of a construction company, offering to do certain work for the county for the actual cost of labor and materials plus 10%, and an entry made subsequent to the receipt of such letter by the county court accepting such offer, sufficiently constitute a written contract to comply with that requirement of Section 432.070, 1949, that such contracts “shall be in writing.”

The Division of Health is authorized to make a regulation with respect to the length of vents for gas heaters in the tourist cabin.

Special election for annexation to City of Independence may be conducted on same day as Jackson County charter election.

Members of the Missouri Commission on Human Rights may be reimbursed for travel expenses incurred in the necessary conduct of the commission’s business.

On and after July 3, 1958, at which time Senate Bill 14, enacted by the 69 General Assembly in special session, became effective, judges of the circuit court should be reimbursed out of the state treasury for all reasonable and necessary travel expense actually incurred by them in such travel.

Moneys and funds for which balances are subject to transfer to General Revenue shall be transferred and placed to the credit of the ordinary revenue fund of the State by the State Treasurer at the end of the biennium after all warrants on same have been discharged and the appropriation thereof has lapsed.

A special charter city of less than 20,000 inhabitants should extend its boundaries under the provisions of Section 81.080, , Cum. . 1957, and of Section 71.015, , Cum. . 1957, when unincorporated areas are to be annexed.

When decedent paid annual fixed premium for life; under terms of annuity contract, was not to receive any return of premiums or income thereon during her life; had right to change beneficiaries but did not, and on her death premiums paid company or cash value, whichever was greater, to be paid named beneficiaries, and beneficiaries to come into possession and enjoyment of fund at or after decedent’s death. Said transfer is taxable under provisions of par. 3, Sec. 145.020, Cum. . 1957.

The assessment blanks for use in Jackson County, Missouri, must contain a classification of all tangible personal property as specified in Section 137.120, 1949, including such items as farm machinery, livestock and other domesticated animals and that the State Tax Commission has no authority to delete said items from the assessment blank.

A person may file for both a county office and for county committeeman on the same ticket at the same time.

Funds expended by any public institution owned, managed or controlled by the state are subject to Sections 216.475 through 216.520, Cum. . 1957, whether appropriated or local.

The State Tax Commission has the power of original assessment only over public utilities; whether an incorporated mutual telephone company is a public utility, in whole or in part, is a question of fact to be determined by reference to the actual operation of the company.

Before there can be a valid election to increase the school district tax levy there must be sufficient notice of such election and purposes. For purpose of increasing school term from 8 to 9 months, there need not be notice of such election.

Trucks driven on the highways from job to job, or to garages for repair must be registered.

A lease consummated by city officials who have a pecuniary interest in it comes within the purview of Section 106.300, Resume 1949.

An information charging the commission of a misdemeanor may be filed upon the prosecuting attorney’s knowledge, information and belief alone without being accompanied by complaint or other similar document.

The exchange equipment of telephone companies and the pumping equipment of pipeline companies, together with the buildings housing the same and the land upon which the same are located, should be assessed by the State Tax Commission.

Change of boundary lines may be voted on only at annual school election; no limit as to number of times such petitions may be presented and voted upon.

Jackson County circuit court, en banc, is without authority to order transfer of circuit judge from either of two divisions of said circuit court required to sit at Independence, to try causes pending in the several divisions of said circuit court sitting in Kansas City. Said circuit court, en banc, may designate divisional judges sitting at Independence as presiding or assignment judge of circuit court of Jackson County.

Where the General Assembly makes appropriations in all of the preceding categories, an appropriation in a particular category set forth in Section 36, Article , Constitution of Missouri, is not unconstitutional because such appropriation is contained in a bill which is finally passed in advance of the final passage of the bill or bills containing the appropriations in the preceding categories.

J. E. Taylor, Director, authorized to requisition funds from federal Unemployment Trust Fund.

Authority of agent to require aid, or deputize, in execution of process.

Construction of Sec. 111.255, , Cum. . 1957, providing for one polling place and one set of election officials where two elections are being held in the political subdivision on the same day.

(1) City of less than five thousand, with free public library established and maintained by mill tax levied under authority of Sec. 182.160, 1949, prior to effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, may continue operation of library after repeal of section, but could not levy a tax until enactment of House Bill 253, General Assembly. (2) City of less than five thousand, which established and maintained free public library under provisions of Sec. 182.160, 1949, prior to effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, may, under provisions of House Bill 253, General Assembly, levy a library tax at the rate and in the manner authorized by Sec. 182.140, Cum. . 1955. (3) Residents of city of less than five thousand, whose public library was established under authority of Sec. 182.160, 1949, prior to the effective date of Sec. 182.140, Cum. . 1955, on August 29, 1955, and still in operation, are ineligible to sign a petition for a proposed county library under provisions of Sec. 182.010, Cum. . 1957.

Individual merchant is not practicing law when representing himself in a court of record. Collection agency is practicing law when attempting to collect an account of a merchant in the magistrate court on a contingent basis.

The so-called prevailing wage law, as contained in Sections 290.210 to 290.310, Cum. . 1957, applies to and includes incorporated municipalities and school districts.

Section 211.321, 1949 Cum. . 1957 is constitutional.

Validity of Proposed Regulations.

(1) Copies of reports on recovered vehicles may be furnished to the National Automobile Theft Bureau or other agencies concerned with ownership of the vehicle or with prosecution of offenses so long as the name of the child is omitted from such reports; (2) copies of accident reports may be furnished to insurance companies and attorneys who are interested in civil actions so long as there is an omission from such reports of the charge of an offense; (3) likewise, and under the same conditions, copies of accident reports may be furnished to the Missouri State Highway Department; (4) information concerning juveniles may be furnished to other law enforcement agencies and the proper authorities may be notified when juveniles are taken into custody for violation of laws in other states or federal jurisdictions so long as such information is furnished with an understanding that it is not to be public information.