Missouri Attorney General Opinions

Amounts due from decedent for sales tax collected by him should be classified as a demand of the third class rather than as a fifth class demand, but administrators should pay such amounts without demand.

Proposition to invoke stock law by entire county under Sec. 270.090, RSMo 1949, requires merely a majority of the voters voting on the proposition. Where proposition to enforce stock law carries at county-wide election, the stock law is in effect county wide in spite of fact that identical proposition submitted simultaneously at separate township election was defeated in some of the townships.

Missouri State Park Board is authorized to lease land for state park purposes.

Section 481.140, RSMo 1949, relating to the power of the members of the county bar to elect a probate judge, and Section 482.120, relating to the power of a circuit judge to appoint a magistrate, in case of disability, are both rendered null and void by Section 6 of Article V of the Constitution of Missouri, and by Supreme Court Rule 11.05.

The hiring of building and maintenance employees for a place of detention for neglected and delinquent children in Jackson County, resides in the county court of Jackson county and not in the Judge of the Juvenile Court of said county, and therefore the salaries of said employees cannot properly be included in the budgetary request for appropriations of the Judge of the Juvenile Court of Jackson County.

Reciprocity in regard to vehicles hauling for hire exists between the State of Missouri and the State of Florida in interstate movements.

Supervisors of a soil conservation district may administer the business of that portion of a small watershed which lies within the soil conservation district of which they are supervisors.

False, misleading or deceitful advertising by a chiropodist may be sufficient ground for revocation of his license to practice chiropody.

The magistrate judge of Benton County is not precluded from holding a preliminary examination, based upon affidavits for state warrants filed in the magistrate court of Benton County, by the fact that previously identical affidavits for state warrants were filed in the magistrate court of Benton County, and that upon a preliminary examination held thereon, same defendant was ordered discharged.

The county court of Marion County, Missouri, may legally authorize expenditures and expend county funds, within certain defined limits, for the purpose of construction, repair, improvement and upkeep of the streets of an incorporated municipality within the county boundaries, when such street forms part of a continuous highway of said county leading through the city or village; that a street, to form a part of a continuous highway of the county, must be a connecting link between two portions of a highway, which together form an uninterrupted line of traffic; that it is necessary that such street be a continuation of a county highway, and that it extend through and beyond the aforesaid city or village; that if a highway end at the city limits of a city or village, or if the city limit is the Mississippi River, a state line or a county line, money cannot be spent as aforesaid on the improvement of the aforesaid city street.

A recorder of deeds is entitled to a fee of $1.00 for the recordation of a marriage license and the return thereon; and is further entitled to a fee of 50¢ for each marriage certificate filed with him if the recorder makes the report required by Section 193.340, RSMo 1949.

Official of political subdivisions authorized to sign project applications for federal contributions to Civil Defense Program is chief executive officer of political subdivision and not local civil defense director.

The Commissioner of Agriculture may not make cash payments to non-profit agricultural societies for the purpose of defraying the expenses of representatives of those societies to the annual convention of the Missouri Association of Fairs.

Property or money transferred to a trustee for the purpose of beautification and care of the graves of testator and his wife, is subject to Missouri inheritance tax.

State entomologist may establish quarantine to prohibit the transportation into the state of products, articles or things capable of carrying the pink bollworm.

There is no legal prohibition against a manufacturer making and leasing to any store licensed to sell intoxicating beer, a metal beverage cooler containing a metal superstructure upon which will be colored pictures of the products contained in the cooler, such a milk, soft drinks, intoxicating liquor or nonintoxicating beer, from which the customer may help himself, such intoxicating liquor or nonintoxicating beer not to be consumed on the premises.

Farmers’ mutual insurance companies organized under, or accepting, the provisions of H.B. 249, 67th General Assembly are permitted to write “miscellaneous” coverage referred to in subparagraph 4, Section 4 of the Act only if the guaranty fund or policyholders’ surplus of not less than $400,000.00 is maintained.

A woman is not entitled to admission to the Federal Soldiers’ Home by virtue of being the mother-in-law of a former serviceman.

The City of Doniphan should not pay taxes upon its city hall.

The County Court of Holt County, Missouri has the authority to spend county money for a right of way inside the city limits of Mound City for a road to be taken over by the state.

County committeeman holds over until his successor is elected and qualified.

Determination of State Division of Welfare that an applicant for old age assistance is legally ineligible, if based upon evidence applicant was owner of insurance policy having cash surrendervalue of $600, being in excess of maximum allowed by Subsection 5, Sec. 208.010, Laws of 1953, p. 644, and Rule 14 of Division of Welfare is in accord with statute and rule and is proper.

False application for certificate of ownership to a motor vehicle a forgery, when. False application also false affidavit under Section 557.090, 1949. Taking of false acknowledgment by notary violation of Section 561.220, Laws, 1952, page 420.

In a situation where two or more persons are partners in an enterprise , and carry a partnership account in a bank, but borrow no money in the partnership name, the individual borrowing of any of the partners is not to be taken into consideration in determining the loan limit from the bank of any other partner or partners.

Affidavits to absentee ballots may be taken by Notaries Public in the county for which the Notary is appointed and adjoining counties by the terms of Sec. 486.010, V.A.M.S. 1949, and are not confined to the office of a Notary taking such affidavits. A Notary Public cannot take his or her own affidavit to an absentee ballot if he or she is the absent voter.

Vacancy created in a county committee by a tie vote is filled by a majority of the new county committee electing a qualified person to fill such vacancy.

Missouri State Park Board unauthorized to establish revolving fund for payment of expenses of concessions in state parks.

Opportunity and time to consult with friend or attorney must be given in Magistrate Court to person charged with misdemeanor at time of arraignment. Defendant may waive such right if continuance granted for such purpose and defendant cannot make bail should be committed to jail.

Withdrawal of candidate who has filed declaration of candidacy need not be acknowledged to be effective. Valid withdrawal cannot subsequently be withdrawn. Such person’s name should not appear on ballot.

The addition of fluoride to a city’s water supply to make the fluoride content one part fluoride to one million parts water as recommended by the Division of Health of Missouri and the United States Public Health Service would not contravene any existing law of the State of Missouri.

Illegitimate child born to inmate of Missouri State Hospital is resident of county from which mother was committed.

(1) A school board is under an obligation to certify a levy within the limits of its authority to discharge the district’s obligations or bonds issued by the school district. (2) The board of education of a school district may not issue a warrant if there be insufficient money in the proper fund for the payment of said warrant unless it can be reasonably anticipated that there will be sufficient income during that school year to pay the warrant. (3) It is not permissible for the county treasurer to pay warrants drawn upon the sinking fund and interest fund from the moneys collected and placed in the incidental fund.

A public road which has not been used by the public for a period of five years continuously becomes abandoned and ceases to have a legal existence.

Employee whose working day ends at 4:30 P.M. is entitled to full day’s pay when employer dismisses him from work 3:30 P.M. election day.

City of third class does not have power to exact license fee from nurseryman.

Conservation commission is authorized to require permit from dealers selling fish lawfully acquired in foreign state.

Last board of trustees of eight-mile special road district winds up affairs of district upon dissolution.

The certification by a county court of a patient to the State Cancer Hospital continues until the patient is cured, is no longer in need of treatment by the hospital, or otherwise discharged, pursuant to Section 200.090 RSMo 1949. If, however, during the course of the disease, the patient moves his residence from one county to another, such removal extinguishes the obligation of the original certifying county, and certification by the new county of residence should be obtained. If a patient, having been discharged, removes his residence to a county other than the county originally certifying him for treatment, said patient may not again be admitted for treatment until properly certified by his new county of residence.

The ten dollar fee required for the issuance of a permit to engage in the pharmacy business by Section 338.220 RSMo, Cumulative Supp. 1953, is not a tax and must be paid by a purely charitable organization engaging in the pharmacy business.

The amount of time which a county officer must personally devote to the duties of his office in order not to be subject to ouster from his office is a matter which must be determined upon the basis of the particular facts and circumstances in each case.

The expense of a survey of the 5 State Mental Hospitals by the Central Inspection Board of the American Psychiatric Association is not comprehended within “ordinary and necessary operating expenses” or “ordinary and necessary expenses” within the meaning of the appropriations for “operations” contained in House Bill No. 383, General Assembly.

(1) “Intent” not essential element in prosecution for violation of statutory crime mentioned (2) Magistrate in county having less than 70,000 inhabitants may assess penalty in excess of $500.00 under Section 304.240, RSMo 1953, Cumulative Supplement.

In proceeding before county court on petition to establish or vacate public road, county court required to cause stenographic record to be made of proceeding only on request and at expense of petitioner or remonstrater . Appeal from decisions of county court and scope of review governed by Sec. 22, Art. V, Const. Mo. 1945.

No salary provided for clerk of probate court in county of third class having population in excess of 10,750 but less than 15,000 inhabitants with a valuation of $11,000,000.

Missouri State Highway Commission has sole discretion in the location of state highways and may exact from political subdivisions contributions for the purchase of right-of-way therefor.

Bank or other institution having deposits or other assets in joint names of deceased person and another must give ten day’s notice of intention to transfer; transfer must have consent of Director of Revenue and Attorney General unless institution retains amount for taxes. Same rule applies to contents of safety deposit boxes; not applicable when estate not subject to inheritance taxes.

Division of Mental Diseases having established a location at Higginsville , Missouri, as a unit of the Missouri State School in pursuance of Section 202.590, 1949, it is the opinion of this office that the money appropriated for the use of the Missouri State School for “erection of a building or buildings suitable for housing 500 additional patients and equipment for such buildings” may be used to erect such building or buildings at the Higginsville , Missouri, location.

Division to record births proven under provisions of Section 193.200, RSMo 1949, and upon payment of statutory fees to issue certified copies of such records.

The sheriff of a third class county is not required to make a verified report to the county court of his fees received in civil cases.

Priority of service of terms of punishment.