Missouri Attorney General Opinions

1) Chief Appeals Referee in Division of Employment Security not an attorney within exemption provisions of State Merit System Act; 2) Incumbent with merit system status under Merit System Council continues to enjoy merit status.

Assistant prosecuting attorneys in counties of the second class may sign informations either for felonies or misdemeanors.

County court may pay bounty on wolves killed in Barton County, Missouri, to non-resident exterminators of wolves. Such person shall obtain written permission of the local Conservation agent prior to hunting wolves in said county.

Sec. 302.170(3) RSMo 1949, was repealed by Amended S.C.S. for H.C.S. for House Bills 22, 49, 56 and 114, 66th General Assembly, effective Jan. 1, 1952. Sec. 302.225(4) of act grants named courts power to order suspension and revocation of operator’s and chauffeur’s license for causes in act. Upon conviction of offense for which license can be, and is ordered suspended, trial court must report same to Director of Revenue, who has mandatory duty to suspend license for time specified in statute. Trial court cannot order license surrendered for suspension period.

County budget law, Sections 50.670 to 50.740, RSMo 1949, applicable to fourth class counties, does not authorize bond issue to retire unpaid county warrants. Section 108.130, RSMo 1949, authorizes fourth class counties to fund any judgment indebtedness resulting from the issuance of unpaid county warrants.

Under Section 137.270, RSMo 1949, county courts may not hear and determine allegations of erroneous assessment or mistakes or defects in description of lands after taxes have been paid.

The director of revenue may refuse registration of a motor vehicle dealer when it appears that the applicant is not in fact a dealer. He may suspend or revoke the registration of a dealer only in specific cases.

1) The Sheriff must furnish wholesome food to prisoners in jail. 2) A county should furnish equipment therefor. 3) If the county has no such equipment it may lease equipment from the Sheriff for such purpose by contract for a reasonable sum to be included in the actual cost of feeding prisoners. 4) The Sheriff must make a sworn statement each month of such actual cost. 5) The County Court must audit same to arrive at what such actual and necessary cost amounts to and then draw a warrant on the county treasury, payable to the Sheriff for such actual and necessary cost. 6) The Sheriff cannot lawfully employ a relative within the fourth degree of consanguinity or affinity to prepare meals for prisoners, or for any other purpose, and charge the county therefor, but may accept services of a member of his family without cost to the county.

Applicant for examination for chiropractic license to practice chiropractic must be a graduate of an accredited chiropractic school or college.

No county, city or other political subdivision of the State of Missouri can contribute or give any public funds to the “Executive Committee of the Greater Jefferson City Committee, Inc.” as the same is a private corporation.

School board authorized to construct school building without entering into formal contract for same. School board could make direct purchases of materials needed and employ necessary labor to do the work.

Section 270.090, RSMo 1949, makes it mandatory upon a county court, upon petition of 100 householders anywhere within such county to submit the issue of invoking the stock law at a general election held in such county and it is discretionary with county court as to whether such issue is to be submitted at a special election preceding any general election. Under Section 270.130, RSMo 1949, a single township within county is not authorized to petition the county court to hold an election to invoke the stock law within such single township.

Township collector of 3rd class township organization county to receive fees provided by Sec. 139.430(4), RSMo 1949, for collection of all general taxes in township. Not entitled to receive fee in addition to that prescribed by Sec. 139.430(4), for collection of personal taxes by district and sale under Sec. 139.360, RSMo 1949, since additional fee is not provided for by any Missouri statutes.

Surpluses in Class 1, 2 and 4 may be transferred to Class 5 although the surplus exceeds the fund budgeted under this class.

A policeman of the city of the first class is not entitled to the fee provided by Section 57.290, RSMo 1949, for making an arrest under a warrant issued by a magistrate.

Ward formed in Kansas City and Clay County entitled to committeeman and committeewoman in Clay County Central Committee.

The Chiropractic Board of Missouri has the authority to hire an investigator, to be paid by the legislative appropriation out of the Chiropractic Board in carrying out the duty imposed on it to investigate all members of their profession who are charged with or suspected of immoral or illegal actions.

Under Section 57.430, RSMo 1949, as repealed and reenacted by House Bill No. 100, 66th General Assembly, sheriffs and also their deputies in counties of the third class are contemplated within the provisions of the section authorizing special allowance for expense of investigations of persons accused of or charged with criminal offense; such investigations not to be limited to the confines of the county.

Current drainage taxes included in determining compensation for mailing notice of taxes due.

Salary of secretary to county school superintendent is limited to $1500 per annum. Money provided by law for traveling expenses of superintendent cannot be diverted to payment of secretary’s salary.

Section 317.020, RSMo 1949: Tax on “gross receipts” from regulated boxing, sparring and wrestling exhibitions not to be applied to receipts obtained by theaters televising such exhibition. Five per cent of the gross amount paid for the right to televise such exhibitions should be collected on the amount paid for the right to televise such exhibitions.

Treasurer of 4th class city disbursing funds after failure of city to publish semi-annual financial statement required by Sec. 79.160, RSMo 1949; and before effective date of Sec. 79.165, Laws of 1951, making payment by treasurer under such circumstances a crime, could not be prosecuted, since the act was not a crime when committed. But after effective date, if treasurer disburses city funds and semi-annual statement has not been published prior to disbursement, he may be prosecuted for violation of Sec. 79.165.

Section 266.270, RSMo 1949, prohibits the mixture of feed with materials appearing in the proposed definition of “Chaff and/or Dust.”

The fee provided by law for a special prosecutor must be taxed and paid as costs in all cases in which such an officer is employed.

Magistrate judge must hear and determine careless and reckless driving cases, a misdemeanor, brought by information filed by the prosecuting attorney even though the evidence tends to show the defendant might have been charged with the felony of driving while intoxicated.

Governor, by rule, may require loyalty oath of civil defense employees.

The Industrial Commission of Missouri, a member or a Referee may approve settlements at any time, including a case on appeal, and may make a temporary or final award and perform any other act concerning awards except to review awards, the full Commission only having the right to review awards. The Division does not have exclusive authority to make awards. Rules A and B giving the Division such exclusive power, and depriving the Commission and its separate members of the power to hold hearings, make awards or approve compromise settlements are invalid.

County court not required to furnish permanent voting places within county for conducting elections.

Neither the Constitution of 1945, nor RSMo 1949, prescribe a maximum amount of fees that may be received and retained by assessors in third and fourth class counties. Said assessors are legally entitled to receive and retain every fee accruing to their offices annually as compensation for their services.

Justices of the peace records and probate court minute books may not be destroyed.

Sheriff of third class counties entitled to mileage for making investigation of persons accused of or convicted of a criminal offense.

Clerk of the circuit court may demand payment in advance for certified copies of records in his office.

Record as to the section, township and range on which timber grew is sufficient.

It is improper for a prosecuting attorney to represent, at a sanity hearing held within his county, the person whose sanity is the subject of inquiry; also, it is improper for a prosecuting attorney to represent, in his private capacity, an informant in a sanity hearing, but it is the duty of a prosecuting attorney to represent the state and/or county at all sanity hearings held within his county.

Under the provisions of Section 483.345, RSMO 1949, Clerks of Circuit Courts in class three counties in this State may discharge any deputy or assistant at any time.

(1) A circuit judge has the power, at any time, to make an order increasing the salary of a deputy sheriff and/or a deputy circuit clerk; (2) A county court is obligated to pay salary increases of deputy sheriffs and/or deputy circuit clerks ordered by a circuit judge; (3) A county court is obligated to issue warrants covering such salary increases even though there is not money immediately available for such purpose; (4) Warrants issued to deputy sheriffs and/or deputy circuit clerks will be protested if there are no funds available with which to pay them; (5) A county court would not be justified in refusing to pay a salary increase ordered by a circuit judge; (6) A circuit judge may not make an order for a salary increase of a deputy circuit clerk which is retroactive.

The sheriff of a fourth-class county is under duty to summon jurors when ordered to do so by the magistrate.

A county assessor who has failed to make a real property list within the time and manner prescribed by law cannot subsequently make such a list and receive compensation therefor.

A circuit court reporter for the purpose of the Social Security Law is an employee of the county or counties from whom he derives his compensation.

The county court may in its discretion allow or deny petition for incorporation of special road district in county under township organization. County court’s exercise of discretion is exercise of legislative instead of judicial power. Not necessary to divide entire county into special road districts. Special road district entitled to receive only those tools and machinery regularly used heretofore in maintaining roads now in the district.

Postal Savings accounts not obligations of United States; not exempt from state taxation under Section 742, Title 31, U. S. C. A. Ownership or beneficial interest of such an account taxable as intangible personal property, classified as “money on deposit,” and tax to be measured by yield or income of account under Section 146.010, RSMo 1949.

Members of the Board of Election Commissioners and its employees for the purpose of Senate Bill No. 3, would be covered by an agreement entered into between the City of St. Louis and the state agency extending the benefits of the federal old-age and survivors insurance to its employees.

County Court cannot legally pay Circuit Clerk mileage from the county seat, Carthage, Missouri to Joplin, Missouri, when he attends court being held at Joplin, Missouri.

The State is not liable in damages for the wrongful acts of inmates of a State maintained training school for the care and treatment of feeble-minded and epileptic patients.

Absentee ballots may be cast at special school bond elections.

The commission must file its report not later than July 19, 1951.

The State Merit System Act prohibits a person employed under this act from becoming a candidate for election to the office of member of a local school board.

Employees of a nursing home or “rest haven” does not fall within Section 290.040, RSMo 1949, Hours of labor of female employees.

Under Section 550.240, RSMo 1949, trial magistrate in every misdemeanor case where county liable for costs, must make out complete fee bill and return same and all papers in case to circuit or criminal court clerk of county as promptly as circumstances permit.

Election to increase tax rate for purposes of increasing wages of police and fire departments is an election to increase rate for general municipal purposes and not for public health purposes. Constitutional limitations of 2/3 majority and four-year increase limitations therefor applies.