Missouri Attorney General Opinions

A telephone exchange is not subject to industrial inspection, but associated activities collateral to the operation of the telephone exchange are subject to industrial inspection if they come within the compass of paragraph 2 of Section 291.060 RSMo 1949.

County clerks of those cities that come within the provisions of Senate Bill 297 have until the last day of October 1955 to complete and file a check of the registration lists in such cities whether such check is made through the United States Post Office Department or by means of canvassers.

Where territory of school district in one county extends into another county and assessed valuation of latter county is increased by more than ten per cent after rate of levy has been determined, school board must redetermine rate of levy in accordance with Senate Bill No. 286, 68th General Assembly.

1) “Receiving a Record” , of an operator’s or chauffeur’s conviction in a circuit or magistrate court as used in Sec. 302.271, Senate Bill No. 251, 68th General Assembly, has reference to final judgment entered of record in said court convicting defendant of an offense referred to in section, for which it is mandatory duty of the trial court to revoke the license of said defendant. 2) One convicted of any offense under provisions of Section 302.271, and judgment final, magistrate judge can revoke driver’s license of convicted defendant but not for any specified period of time. 3) One convicted in magistrate court of careless and imprudent driving of a motor vehicle, and evidence conclusively shows defendant to be under influence of intoxicating liquor at the time offense is alleged to have occurred, magistrate court cannot revoke driver’s license under Subsection 2, Section 302.271, Senate Bill 251, authorizing revocation of driver’s license upon conviction of one driving a motor vehicle while he is under the influence of intoxicating liquor or a narcotic drug.

Office of police judge in city of fourth class incompatible with office of deputy sheriff.

1) Senate Bill No. 286 requires a reduction in the rate of levy for county health center purposes and such rate is to be reduced by the county court. 2) Only public schools and libraries are specifically given exception from the operation of Senate Bill No. 286, in regard to participation in state funds. 3) In years when Senate Bill No. 286 is not applicable, the originally authorized rate goes again into effect.

When party takes change of venue on account of prejudice of judge of the Cape Girardeau Court of Common Pleas and a judge from one of the circuit courts is called in to try case, the party taking the change is not required to deposit $10 change of venue fee with clerk of Cape Girardeau Court of Common Pleas.

Fully described Pre-Arranged Burial Agreement purportedly sold by McMikle Funeral Home, East Prairie or Charleston, Missouri, is a contract of insurance within language of Sec. 375.310 RSMo 1949.

In keeping record of proceedings of county court, county clerk should obey direction of majority of court.

Deputy recorder of deeds may be made assignee for purpose of releasing notes by mortgage or deed of trusts.

Prosecuting attorneys in third and fourth class counties are authorized to file a complaint of neglected or delinquent children in either circuit or magistrate court. Likewise, the sheriff is authorized to file such a complaint in a magistrate court. Sheriffs of such counties having a county superintendent of public welfare or a probation officer, automatically become assistant probation officers without necessity of appointment.

House Bill No. 219 of the 68th General Assembly, proposing to amend Sections 561.450 and 561.460, RSMo 1949, is unconstitutional.

It is the duty of the several constables of St. Louis County to attend the magistrate court or courts of said county and to serve the process appertaining to the business of the court or courts. If any doubt exists as to what officer should discharge either of the above-mentioned duties, such question may be resolved by ordinance of the county council.

When a defendant voluntarily appears to answer a charge that he has committed a misdemeanor, and does not object to the failure of issuance of a warrant of arrest or summons against him, it is unnecessary to then issue as a matter of course such warrant of arrest or summons.

Unlicensed physicians may not engage in practice of medicine, regardless of nature of employer or character of supervision.

Eight questions relating to the powers and duties of boards of supervisors of drainage districts organized in circuit court.

A Recorder of Deeds has no statutory or other authority to defer the endorsement on a certificate of title to a motor vehicle the date of the filing of a chattel mortgage on such motor vehicle to a later date and back date the date of the endorsement on such certificate of title to make it appear to have been made on the same date of the original filing of such chattel mortgage.

The dumping of sewage on adjacent property or the maintenance of leaking septic tanks in unincorporated areas may constitute a criminal offense and may constitute a public nuisance which may be abated by action of the prosecuting attorney.

A plan proposed to be operated where an individual operates an excursion boat, afternoons and evenings, and a charge of $1.25 per person is collected for each excursionist on each trip, and to increase the number of patrons, the admission charge to remain the same, there is added a bingo game on the afternoon trip at which prizes would be won and awarded, is a lottery.

Senate Bill No. 112 of the 68th General Assembly which provides, in effect, that third class, fourth class and special charter cities of Clay and Jackson Counties having an organized police and fire department, may provide pensions for their policemen and firemen, is unconstitutional, unless there is some difference between those cities in Clay and Jackson Counties and other cities of the same type in the State, reasonably justifying a differentiation in the powers granted to such cities.

Cities, towns and villages are political subdivisions of the state within meaning of the statute providing for audit by State Auditor of political subdivisions.

Articles of Incorporation of American Automobile Insurance Company.

In determining maximum amount to be retained by county treasurer in counties of the third and fourth class under township organization, all taxes, including current real and personal, are to be considered in determining bracket under Sec. 52.260, RSMo 1949.

Municipal court, chartered city, unauthorized to issued warrants for search and seizure.

A person serving in the dual capacity of county highway engineer and county surveyor in a county of the third class is entitled to compensation as county surveyor while engaged in making surveys needed to lay out a road, but is not entitled to the pay of a county highway engineer for the same service; the duties of a county highway engineer do not encompass the demolition of an abandoned courthouse, and, therefore, such person cannot be paid as county highway engineer for such work.

State to pay salaries of employees of the Magistrate Court of Greene County as follows: one chief clerk, $3300 per annum; one deputy clerk for each magistrate, $2400 per annum; and such other employees as the court may appoint in an amount not to exceed $1500 per annum.

The scheme herein described is a lottery; while a Prosecuting Attorney has broad discretion in determining whether a particular criminal case should be prosecuted, a refusal to prosecute lottery cases generally, would constitution an abuse of his discretion.

Declaration of candidacy for the office of county superintendent of schools filed at 11:00 A.M., on February 19, 1955, is within time prescribed by Sec. 167.020, RSMo 1949.

Mandamus will lie against a county to compel issuance of warrants in order to satisfy judgment obtained against county for tax bills for street improvements issued by city of fourth class if there is sufficient money in general fund of the county available to pay same. If not sufficient money in general fund, mandamus will lie to require levy within constitutional limits to provide funds for payment of judgment. Immaterial that county has not included payment of such tax bills in its budget.

County court has discretion under Section 105.350, Vernon’s Annotated Missouri Statutes, to submit a plan for approval by the state agency under said act.

(1) A county court may not lawfully permit the usage of public property in the form of office space in a county courthouse for the conduct of a private commercial enterprise, either with or without a formal leasing arrangement; and (2) that a deputy clerk of the county court in a county of the fourth class is not prohibited from engaging in the business of preparing abstracts of titles in such counties.

Treasurer and ex-officio collector of county of third class under township organization is not required to collect delinquent taxes of city of fourth class.

Upon submitted facts, the entire assets of a domestic corporation named, are subject to Missouri franchise tax.

(1) County of third class has power to issue bonds for acquisition of land for park purposes, and (2) County of third class has power to convey land acquired from proceeds of bond issue to instrumentalities of the State of Missouri for a valuable consideration.

(1) Bipartisan committee provided in Section 121.220, RSMo 1953 Cum. Supp., may not delegate its duties to subcommittees; (2) Central committee of two principal political parties may provide for attendance of representatives at inspection and examination of voting machines for use in election, under Sect ion 121.080, RSMo 1953 Cum. Supp.; (3) Regular staff employees of St. Louis Board of Election Commissioners may be appointed to serve on bipartisan committee provided for in Section 121.220, RSMo 1953 Cum. Supp.

Judges of probate courts and clerks of such courts are neither required nor permitted to prepare pleadings for presentation to such courts in connection with the administration of estates of deceased persons.

Senate Bill #206 would not impose any obligation upon the state for Turnpike Authority debts.

Neither Section 2 of Senate Bill No. 179, 64th General Assembly nor Basic Rule B.15 respecting the handling of liquefied petroleum gas prohibit the transportation of such drums, either empty or containing gas, on the highways of this State.

The State Purchasing Agent does not have to obtain the approval of a state department, for which he is by law authorized to make purchases, before he issues purchase orders against funds of such department.

County court may not obligate county by designating in December, 1954, newspaper in which county’s financial report is to be published after January 1, 1955.

Proposed agreement may conflict with Section 362.170, RSMo 1949.

County court presumed to have taken increased compensation for county treasurer into consideration when it increased annual compensation.

In deciding contested cases the board of zoning adjustment in first class counties must make findings of fact and conclusions of law.

Horses owned by a resident of a township which has not voted to enforce the provisions of Chapter 270, RSMo 1949, to restrain animals from running at large may be restrained under said Chapter if such animals go into a township which has voted to come under the stock law and break the enclosure of a resident of that township. Under Chapter 271 they may be dealt with as strays. The sheriff is a proper and authorized person to enforce the terms of said Chapter 271 when animals are running at large in violation of the stock law, under said Chapter 270, and have been deemed to be strays.

Annual compensation of county assessor in third class county computed on fee basis until commencement of next year of his incumbency after effective date when county’s classification changes from third class to second class, at which time he will receive an annual salary as provided by Sec. 53.120, RSMo. 1949. Such assessor’s deputies to be compensated under Sec. 53.090 from date such assessor’s compensation is changed.

Circuit clerk and ex-officio recorder of deeds in 3rd class county not permitted to retain fees collected under Section 451.150 and Section 193.350 RSMo 1949. Presiding judge of county court in third class county not to receive compensation under Sec. 3, H. B. 163, 67th General Assembly, for additional duties prescribed by such law if such duties are performed subsequent to December 31, 1954.

In second class county, court has discretion in determining whether or not annual purchases need be advertised. Contracts for repair of road machinery under certain circumstances need not be let on competitive bidding.