Missouri Attorney General Opinions

Prosecuting attorney can file criminal charges or institute injunction proceedings against person operating a locker plant without a license as required by law; and prosecuting attorney can institute injunction proceedings against a person who violates any provisions of the locker plant law, including the one requiring an annual license as mentioned above.

County liable for costs of prosecution for failure to report accident under Safety Responsibility law if defendant is tried and acquitted, but no costs chargeable if prosecution based upon affidavit of Director of Revenue fails from any other cause.

Sections 390.171 and 390.176, RSMo 1949, are constitutional.

No person shall be granted a permit or license to sell nonintoxicating beer whose permit or license as such dealer has been revoked or who has been convicted, since the ratification of the twenty-first amendment to the Constitution of the United States, of the violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer.

Authority to construct fences across artificial lake covering state-owned land.

Articles of Agreement of Survivors’ Benefit Insurance Company.

The community sales law and the regulations adopted thereunder do not apply to sales which deal only in horses and not other species of livestock. Community sales and stockyards markets which are subject to the provisions of the Packers and Stockyards Act (7 U.S.C.A. Sec. 181 et seq.) or to the provisions of Chapter 276 RSMo 1949, are by virtue of such state or federal regulation exempted from the provisions of the Missouri Community Sales Law.

The County Court of Marion County cannot legally pay the circuit court reporters travel expense incurred in traveling from his place of residence in the county to the place of holding circuit court.

The Missouri Real Estate Commission cannot pay to the Missouri Real Estate Association twenty-five dollars a month for postage on the Missouri Real Estate Association Bulletin, as the legislature has not appropriated funds to the Commission for that purpose.

Sec. 379.355 RSMo 1949 not violated when cost of municipal franchise tax levied by City of Springfield, Missouri against fire insurance companies has been added to fire insurance rates published for such city by Missouri Inspection Bureau pursuant to Missouri’s Rating Act, . 379.315 to 379.415 RSMo 1949.

If chairman of board of education employed by transportation company which furnishes school transportation to his district has direct or indirect pecuniary interest in transportation contract, such contract is void as against public policy.

A person appointed to fill a vacancy in the office of sheriff, which vacancy occurred less than nine months prior to the holding of a general election, at which election a sheriff was elected for a full four year term, would continue in the office of sheriff until the first day of the succeeding year and until a person elected to the office at the general election was duly qualified.

Subsection 4 of Section 117.050, RSMo, requires the Kansas City Board of Election Commissioners to keep its office open during business hours of each week day, excluding Sundays and legal holidays. Board is unauthorized to close its office Saturday afternoon of each week.

The proper method of securing service upon a benevolent corporation which has no place of business and whose officers are all deceased is by publication.

Regulations promulgated by the Missouri Conservation Commission, which regulations are that decoys shall not be left unattended in the Lake Wappapello area and that shooting blinds erected by private individuals in that area may be occupied by the first person who reaches them and finds them vacant are within the power of the Conservation Commission to make.

The portion of Flatwood Township in Ripley County which became annexed to Johnston Township on September 15, 1952, became open range.

State Board of Training Schools may convert heating plants of institutions under its control to use of fuel other than coal.

A female person under the age of 21 years, who comes within the compass of Chapter 201, RSMo 1949, and who is eligible to receive hospitalization and medical treatment at the University of Missouri under the provisions of the aforesaid chapter, does not lose this eligibility by marriage, provided that her husband is unable to pay the expenses of said hospitalization and medical treatment.

The State Purchasing Agent is not required to secure bids where the articles to be purchased for the state, or any institutions thereof, can be obtained from the Division of Prison Industries.

Upon death of an elected county judge before assuming office incumbent does not hold over. An appointed judge holds office until the first Monday next following the first ensuing general election.

The State Board of Probation and Parole is neither under a legal duty nor authorized to accept the supervision of a juvenile placed on probation or parole by a juvenile court.

County Court of Jackson County, Missouri, may purchase and furnish uniforms to members of the Jackson County Highway Patrol so long as the ownership of such uniforms remains in the county.

County assessor or deputies of all counties except class one counties and the City of St. Louis must call at office, place of doing business or residence of each property owner in county and require them to make a list of all taxable real and tangible personal property owned by such person in county. Property owner has the duty to fill in the valuation of all real and personal property included in assessment list.

The county is liable for the costs of a prosecution for failure to report a motor vehicle accident commenced under Sec. 303.370 RSMo Cum. Supp. 1955, if the defendant is found guilty and is unable to pay the costs.

A person is entitled to a non-graduate license to practice veterinary medicine only if such person has, for each year during the twenty years immediately preceding the effective date of Section 340.040 RSMo Cum. Supp. 1955, made the greater percentage of his income from the treatment of animals, and who has resided in the same town or community during said period.

Sec. 137.120, RSMo 1949, providing that an assessment list shall contain a statement of each piano, other musical instruments, radios, clocks, watches, chains and appendages, sewing machines, washing machines, refrigerators, gold and silver plates, jewelry, household and kitchen furniture of person assessed, if repealed will not thereby exempt such personal property from taxation. All laws attempting to exempt such personal property from taxation not owned by this state, any county or other political subdivision or nonprofit cemeteries, and held for profit and is not used exclusively for religious worship, schools and colleges, for purely charitable or for agricultural and horticultural societies, are in violation of Art. X, Sec. 6, Const. of Mo., and such laws are void.

Legislative action necessary to give Department of Corrections authority to accept Missouri’s Workmen’s Compensation Law. Director of Department of Corrections, and Department of Corrections, which are created by the legislature, have no authority to accept Missouri’s Workmen’s Compensation Law.

An illegal sale of intoxicating liquor to a minor by an agent with the knowledge and consent of the licensee renders the licensee as well as the agent liable.

An application filed with the Workmen’s Compensation Commission against a self-insuring company or corporation, which states that the individual filing such application was a former employee of such company or corporation and that he was unjustly discharged from such employment because he had filed a claim for compensation, and was forced to sign a statement that he was being discharged for inefficiency, does not state sufficient grounds for revoking the self-insuring privilege of such company or corporation by the Workmen’s Compensation Commission.

For a violation of Sec. 23.100 RSMo 1949, the members of a county highway commission could be removed from office, under the procedure specified in . 106.220 RSMo 1949 et seq., or by the institution of proceedings in quo warranto.

Under the provisions of Sec. 56.310 RSMo 1949, the prosecuting attorney shall be allowed a fee of $12.50 for the conviction of a defendant charged with armed robbery under the general criminal law, regardless of whether said defendant is committed to the State Board of Training Schools, or punishment is assessed at confinement in the State Penitentiary.

1. In township organization county the county court must have approval of county highway engineer in establishing or changing a road.; 2. In township organization county the county court must have approval of county highway engineer in vacating a road.

Sec. 472.040 RSMo 1949, Cum. Supp. 1955 prescribes rules for taxing costs in probate proceedings. Costs properly taxed against estate with insufficient funds not collectable. Fees taxable under Sec. 483.580 RSMo 1949 in counties of less than 30,000 inhabitants and remaining unpaid for one year after being reported under said statute are to be collected by State Director of Revenue. Fees accruing under Sec. 483.580 RSMo 1949 are to be collected from estate or from persons requiring services named in statute. Failure of executors and administrators to pay costs properly taxed necessitates looking to official bonds for collection.

(1) The receipt of supplemental benefits under the Ford Motor Company or General Motors Corporation Supplemental Unemployment Benefit Plan does not prevent the receipt of state unemployment benefits to an individual while unemployed. (2) The amounts which are set aside to pay supplemental benefits under this plan are not taxable as wages under Section 288.090, RSMo 1955, Supp.

Statutory common school district meeting may adjourn promptly upon completion of official business.

In specifying the date in a notice for hearing on petition for sale by probate court, the date must be fixed not later than seven days after twenty-eight days following the date of the first publication of notice.

Offices of county treasurer of Third Class county and treasurer of Fourth Class city not incompatible and may be held by same person.

A publication of notice requisite to the sale of lands for taxes directed merely to the “'heirs of” a certain person is insufficient and would render a sale based thereon invalid even though that was the method by which the owner was actually listed on the land tax book. In the event the proceeds arising as a result of an invalid sale are refunded to the purchaser out of the county general revenue fund the proceeds of a subsequent valid sale should be paid over to general revenue.

State Highway and its agents not liable for trespassing when entering upon private property for purpose of making preliminary survey.

Statute placing general supervision over care of inmates implies the responsibility to furnish dental care.

A driver’s license may not be revoked or suspended for one conviction of careless and reckless driving although party may have been guilty of careless and reckless driving resulting in the death of another.

Assessment lists in custody of county court may be destroyed when in compliance with provisions of Section 109.150, Cum. Supp. 1955. School enumeration lists cannot be destroyed and only the vouchers and receipts in any estate filed in probate court may be destroyed and then only in compliance with the provisions of Section 472.280, Subsection 2, Cum. Supp. 1955.

Sheriffs, deputy sheriffs, police officers, member of the highway patrol, town marshals, judges of courts, and all persons deputized by any of the above persons to aid in conserving the peace, or to serve criminal or civil process, are exempt from the provisions of Section 564.610. Further, that firearms capable of being concealed upon the person which were acquired prior to the enactment of the law requiring a permit before acquiring such firearms, does not apply to firearms so acquired prior to the enactment of the law. Further, the above section does apply to firearms acquired by Missouri residents in other states, or to firearms acquired by inheritance.

Township trustee and members of the township board elected before the effective date of Section 65.230 RSMo 1955 Cum.Supp., may not receive the increased compensation authorized therein during their present term of office. Officers whose terms began after said Act took effect may receive the increased compensation.

Professional engineers not registered as land surveyors cannot make surveys for said Commission. Professional engineers employed by said Commission may make surveys for Commission without necessity of registering as land surveyor.

Volunteer workers in civil defense not “employees” within the meaning of Workmen’s Compensation law.