Missouri Attorney General Opinions

A chief of police under the Merit System Police Department is an officer under Section 77.400 RSMo 1949, and, consequently, would have to comply with the provisions of Section 77.380 RSMo 1949.

A regulation passed by a school board stating that no child could enter the first grade unless he became six years of age prior to September is not a denial of his legal right and is not unreasonable.

Teachers of inmates of the Department of Corrections not included.

When complaint of individual alleging commission of misdemeanor is filed in magistrate court in accordance with Sections 543.020 and 543.030 RSMo 1949, if after having fully investigated facts, prosecuting attorney believes same insufficient to sustain conviction of accused, he may, within his discretion, refuse to file information or to proceed further in matter.

County may recover from person obligated to support an indigent insane person or from such insane person’s estate amounts expended by it for support of such insane person, but cannot recover from anyone amounts expended for support of other poor persons.

Representatives of the cigarette tax division should make estimates of the tax and penalties due against a seller of unstamped cigarettes when the seller is known, and against the retailer when the seller is unknown.

Registration lists or cards in counties having more than 200,000 inhabitants and less than 450,000 inhabitants are public records and subject to inspection by the public.

Attorney for division may act as referee on appeals to Director of Department and may participate in hearings.

The Constitution prohibits action by the Legislature in Special Session on a proposed constitutional amendment, the subject of which is not included in the Governor’s call for such Special Session, or in any special message of the Governor to such Special Session.

Insurance companies subject to Sections 379.205 to 379.310 RSMo 1949, are not exempt from the provisions of Section 376.400 RSMo 1949 when issuing regular accident and health policies, and such companies may include a death benefit payment in comprehensive automobile casualty and liability policy without making such policy a regular accident and health policy required to be filed and approved under Section 376.400, RSMo 1949.

Offices of night marshal and county treasurer are compatible.

(1) The valuation of government- owned lands for purposes of apportioning moneys to school districts is to be made by the county court as is provided in the first sentence of Section 12.100 Cum. Supp. 1955. These lands are to be evaluated by the county court as if they were privately owned. (2) The amount of land to be assessed depends upon the particular district. As to any district entitled to apportionment of these moneys, the amount of land to be assessed shall be the amount that the district could have assessed but for the acquisitions of the land by the government. (3) Any district which would have had land to assess but for the acquisition of these lands by the government is entitled to apportionment. This includes any reorganized district which is now composed of any district or any part of any district that could have assessed the land but for the acquisition thereof.

When a township board member is employed by board to maintain a district’s roads; accepts employment, maintains roads, and is paid from road district’s funds; absent facts showing violation of Sections 231.150 to 231.330 RSMo 1949; board member cannot be criminally prosecuted under provisions of Sections 231.320 and 231.330 RSMo 1949.

School district, in absence of qualifying factors, may not give property to church organization. Such attempted transfer enjoinable by state at relation of prosecuting attorney.

The moving of intoxicating liquor for even a very short distance constitutes “transportation” as that word is used in Section 311.410 RSMo 1949.

Any money appropriated for the State Training School at Tipton should not be paid to the State Training School at Chillicothe , after the transfer of the inmates of the Tipton School to the School at Chillicothe . Also, the $15.00 per month paid to the various schools by the county from which the inmate comes, should, after the transfer of the inmates of the Tipton School to the School at Chillicothe , be paid to the Chillicothe Institution for each transferee from the Tipton School.

Under the provisions of Section 111.405, RSMo Cum. Supp. 1955, the state may properly pay all necessary costs and expenses of election incurred in conducting the October 4, 1955, and January 24, 1956, elections if no other question is submitted to a vote at the “same election.” The term “same election” as used in Sec. 111.405, supra, refers to an election which is required by law to be conducted by the same election officials.

The Secretary of State of Missouri does not have the authority to grant permission for the use of the Flag or Great Seal of Missouri to any of the following: (1) Private firms for commercial purposes (2) Fraternal, benevolent and other nonprofit organizations for noncommercial purposes (3) Candidates for political office.

Magistrate cannot hold both offices of magistrate and coroner at the same time for the reasons the duties are incompatible, each with the other.

Institutions of higher learning ineligible for apportionment of state school money under Senate Bill No. 3 or House Bill No. 182, General Assembly.

Chapter 248, RSMo 1949, authorizes the creation by the City of Kansas City, and parts of Clay, Platte and Jackson Counties, of a sanitary drainage district to carry domestic sewage only; this district is a political subdivision which may become indebted in an amount allowed by Section 26(b), Missouri Constitution, 1945.

A session or non-regular session during a term is not a session in vacation; sheriff is entitled to fees only on days court is in session. Letters testamentary may be granted even though the court is not in session. Fees for mailing notices are to be remitted to the state. Collections made for postage actually expended may be retained by the county.

A motorist who operates a motor vehicle upon a one-way roadway in such a manner as to endanger the life or property of others may be prosecuted therefor.

Under Section 113.530, RSMo 1955 Supplement, the Jackson County Board of Election Commissioners will conduct elections in the city of Raytown , which according to a census taken by the city has a population of 11,700.

In order to constitute abandonment of property, the owner must voluntarily abandon with no intention of retaking.

The court is authorized to require a reasonable deposit or security for costs.

A junk dealer who operates a salvage or junk yard would not be obliged to procure a license to operate a refuse disposal area, and a dealer who operated a used-car salvage supply lot will not be obliged to procure a license to operate a refuse disposal area.

Cigarette tax collections should be deposited in state treasury pending outcome of litigation regarding its constitutionality.

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.

(1) A publication of notice requisite to the sale of lands for taxes directed merely to the “heirs of” a certain person which notice does not contain the names of the record owners or the names of all persons appearing on the land tax book is insufficient and would render a sale based thereon invalid. (2) When, prior to conveyance, a sale of lands for taxes is discovered to be, for any reason, invalid the purchase money and interest thereon shall be refunded to the purchaser of the county treasury. (3) The costs and expenses incurred in connection with the sale of lands for taxes which sale is later determined to be invalid cannot be charred against the purchase money in the hands of the county.

Missouri State Park Board is authorized to accept a license to land in a federal reservoir area for park purposes.

Official action of directors of consolidated district in levying school taxes, if according to applicable statutes is valid, although attested by illegally appointed secretary of board.

A township committeeman or committeewoman who accepts an award of money for inducing any other person or persons to vote in any election is guilty of a misdemeanor and can be punished by imprisonment in the county jail for not less than one month nor more than one year, and the accepting of such an award for doing such acts is illegal.

A coroner performing the duties of sheriff due to a vacancy in the office may not receive additional salary.

The term of the Governor of Missouri begins on the second Monday in January following his election, and continues for a term of four years and until a successor is elected and qualified.

The offices of probate clerk and appraiser of an estate before the probate court are incompatible, and thus may not be held by the same person at the same time.

A county court must advertise for bids on a contract to remove and relocate utility poles and lines from proposed right of ways of roads in the county, when the contract exceeds $500.00 and the poles and lines are now on private property.