Missouri Attorney General Opinions

Salary of sheriff in fourth class elected in 1948 is reduced by change in population as shown by 1950 decennial census.

It is the duty of a sheriff to collect and account for all fines, penalties, forfeitures and other sums of money accruing to the state or any county in virtue of any order, judgment or decree of a court of record.

Plants receiving milk, testing for butter-fat, paying producer on basis of test filtering, cooling and transporting milk to other plants are “milk plants” within the meaning of Par. 20, Sec. 196.520, RSMo 1949. Filtering and cooling is “processing” within meaning of law. Such plants required to secure one or more types of licenses provided by Paragraph 6, Sec. 196.605, RSMo 1949, to engage in such business.

A coroner of a third class county is not entitled to retain fees in addition to salary provided by law.

A county court speaks only through its record. County not bound by oral agreements with county judges.

Appropriation for M. U. Medical and surgical school is valid and Governor’s attempted partial veto of bill does not render appropriations unconstitutional.

“Baled burlap” and “baled cotton” are “agricultural products or the manufactured or processed derivatives of agricultural products” as such language is used in subparagraph (1)(c) of Section 362.170, RSMo 1949.

One found to be a criminal sexual psychopath within meaning of Sec. 202.700 RSMo 1949, of Criminal Sexual Psychopath Act and committed to State Hospital No. 1, against whom a criminal charge is pending cannot be prosecuted on said charge during probationary period or subsequent to final discharge from hospital.

Secs. 12.010 and 12.020 RSMo 1949 divest State of Missouri of jurisdiction over violations of criminal law occurring on land occupied by Public Health Service Hospital, 525 Couch Avenue, Kirkwood, Missouri.

The county attorney’s commission need not be recorded or filed in any county office.

No legal requirement that a licensed embalmer sign death certificate of one not embalmed.

Department of Corrections has no authority to charge off items due Penitentiary Industries Revolving Fund. Unpaid sums due Penitentiary Industries Revolving Fund for Auto License plates furnished other departments of State Government.

1) Non-resident military personnel exempted from payment of personal property tax. 2) Non-resident civilian employees living within or without boundaries of Fort Leonard Wood reservation owe personal property tax. 3) Resident military personnel owe personal property tax in county of residence. 4) Collector should certify no taxes due from non-resident military personnel.

It is the duty of the Prosecuting Attorney to represent the county in condemnation of right-of-way for establishment of county road.

Conditions and limitations in deeds reserving control under armories for non-military uses not affected by subsequent law vesting control in the adjutant general.

Articles of Incorporation of Automobile Owners Safety Insurance Company.

Recorders in 3rd class counties where there is a separate Circuit Clerk and Recorder determines the amount of salary for deputy hire which must be reasonable. The Recorder in said counties shall also determine the number of deputies necessary to perform the duties of the office promptly, carefully and well. Such reasonable payment to necessary deputy or deputies may be deducted from Recorder’s fees, balance paid County Treasurer.

There are no minimum age requirements for a deputy county clerk of a fourth class Missouri county.

A voter residing in that portion of Kansas City located in Clay County and who desires to vote in a special election to fill a vacancy in the office of state representative must comply with the city registration laws; precinct judges and clerks to the same in number as at general elections.

Board of directors of school district may direct where pupils will attend school within the district in order to provide best educational facilities for school children.

Director of revenue lacks power under Section 143.200, RSMo 1949, to make regulation that profits of individual taxpayer, from sale of breeding stock or dairy cattle is to be assessed to full value unless owned 12 months prior to sale.

An absentee ballot which is obtained at a time more than thirty days preceding the election at which it is cast may be counted if otherwise in conformity with the absentee voting law.

The form of the constitutional ballot may not be used in submitting a county bond issue to the voters. The proposition should be placed on a separate ballot, printed and in the form prescribed in Section 108.060, RSMo 1949.

The dissolution of a county public health center can only be accomplished as provided by statute. County court without authority to reduce tax rate voted for county public health center.

The Board of Election Commissioners in passing upon the sufficiency of initiative petitions acts only in a ministerial capacity.

An out-of-state dealer in eggs who maintains no place of business for the sale of same within the state is not required to obtain a license under the provisions of Section 196.335, RSMo 1949; no provision exists for the collection of unpaid license fees for prior years.

Check payable to Treasurer of Missouri in sum of $2,000 in payment of group life policy in which State of Missouri is beneficiary; the proceeds of check to be deposited in treasury to credit of ordinary revenue fund of state.

Persons released from penitentiary on the seven-twelfths rule are not automatically restored to citizenship at the expiration of two years from the date of discharge.

Hogs appraised and slaughtered under provisions of Section 267.160 RSMo, 1949, may be disposed of at federally approved packing plants, and claims for indemnity payable therefor by State of Missouri are legal claims to be paid, if, and when, an appropriation is made for such purpose.

The owner, on the first day of January, of tangible personal property is liable for taxes levied and assessed on such property for the ensuing year.

Savings and Loan Association subject to provisions of Chap. 369, RSMo 1949, may not amend charter to vest power in board of directors to make, amend, alter and repeal by-laws.

1. The Missouri Extension Service or the College of Agriculture does not have the right to pay $25 or any other sum of state or federal money on the cost of a balanced farm plan for “any individual farmer.” 2. The supervisors of a county soils district are neither county nor state officials, but are officials of the soils district. Legal action may not be taken against one or more supervisors as individuals so long as they act within the limits of their corporate duties, but each supervisor is liable for wilful or fraudulent breaches of trust or gross negligence.

Report required under sub-paragraph three of Section 4 of Senate Bill No. 194 of the 66th General Assembly, to be printed and published through state purchasing agent. Expense of publishing such report to be borne by Election Laws Revision Commission out of appropriation made by the 66th General Assembly.

The director of revenue is not authorized to make tax refunds on claims filed prior to the effective date of House Bill No. 196.

Change in channel of Missouri river by avulsion does not change former boundary line which was the center of old channel.

Two judges constituting a quorum for doing business under Section 49.070 RSMo 1949, may legally call an adjourned term of county court on Saturday following adjournment of regular term the previous day, under authority of Section 49.200 RSMo 1949.

Person may vote for single candidate for congressman or city councilman if he desires, even though more than one office is to be filled from candidates for congressmen or city councilmen.

Township adjoining group of five townships which has previously voted to invoke stock law may thereafter vote to withdraw operation of stock law.

The offices of mayor of a fourth class city and director of an incorporated fire district are compatible.

County board of education, in making study of school districts and advising with school officials, may evaluate teacher personnel. Said board has no authority to employ a school nurse and assess school’s percentage of costs.

Section 302.010, et seq., does not require contractor driving own truck to work to have chauffeur’s license.

Effective date of House Bill No. 449 was October 9, 1951; and that the members of the State Board of Accountancy appointed prior to October 9, 1951, shall not receive the increase of compensation allowed in H.B. 449, supra, during their present terms of office.

A sheriff is allowed the sum of $2.00 for issuing a “special venire facias” for a jury in a magistrate court. A magistrate judge is under no duty to summon a regular jury panel.

1. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of 3.2 beer upon premises of the cafe or club by any individual at any time. 2. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of intoxicating liquor upon their premises except between the hours of 10 p.m. and 6 a.m.

A county court may inquire into the validity of a bounty claim made against the county before paying such claim and if after such investigation, which may include evidence offered by any person or persons, the court is satisfied that the claim is fraudulent, it may refuse to pay.

The Circuit Clerk is entitled to retain all fees earned by him in any case of change of venue for another county.

Section 51.415, enacted by the 66th General Assembly, applies to all counties of the third and fourth class which have entered into an agreement under Senate Committee Substitute for Senate Bill No. 3, to place county employees under the Federal Social Security Act. It is not void for being discriminatory.