Missouri Attorney General Opinions

Public warehouseman in Missouri who has published schedule of rates for storage of grains under Sec. 24, Laws 1941, p. 373, and is operating under a warehouse license in this state, cannot discriminate between customers and cannot deviate from published schedule as to period of free time or any other charge. Mill operating in Missouri which is not licensed can accept grain for storage if it falls within the definition of “local public warehouse”

Sheriff allowed fee for each day he or deputy attends magistrate court. County court can condemn land to establish public roads.

Division of Industrial Inspection does not have authority to make or promulgate rules and regulations.

When several defendants jointly charged with a felony and one defendant disqualifies the magistrate at a preliminary hearing, that magistrate shall continue to examine other defendants. If, on the trial before a magistrate for a misdemeanor, it appear from evidence defendant should be put on trial for a felony, it is the duty of magistrate to dismiss the misdemeanor charge and proceed to have defendant charged with a felony in conformity with the statutes.

A municipality and a state agency of the state may contract and cooperate for the purpose of building a sewage disposal plant to be used by the city and the state agency.

Final administrative authority of Cancer Hospital is Director of the Department.

Disposition of $5.00 filing fee paid to the clerk of the magistrate court upon granting a change of venue.

Cost of making out transcript of record in change of venue to be charged after such chance of venue.

The clerk of the circuit court may fix bail and take a bond or recognizance where the defendant is under arrest or in custody after an information or indictment has been filed, and when court is not in session.

Money cannot be expended by the State out of existing or proposed appropriations for the purchase of the Veterinary Building located on the State Fair Grounds.

Validity of rules.

St. John Drainage and Levee District has implied authority to enter into assurances assuring the United States that it will maintain, after construction, the levee the construction of which is contemplated by the United States.

Members of the State Highway Patrol may execute warrants anywhere in the State of Missouri when directed to them for the arrest of persons for criminal offenses pertaining to the operation of motor vehicles upon the highways of this state.

Authority to issue bonds for construction of schoolhouse carries with it the authority of directors to impose a tax for sinking fund and interest in addition to the rate for current purposes.

Meals and lodging are a part of county superintendent’s traveling expenses, and mileage shall be allowed for travel outside his county.

Certificate of Convenience and Necessity not required of persons operating “taxi-cabs” whose “principal operations” are within a city or suburban territory adjacent thereto.

Insurance companies organized under the provisions of Art. III, Chapter 37, R.S. Mo. 1939, may reincorporate under the provisions of Art. IV, Chapter 37, R.S. Mo. 1939, to make insurance on the stipulated premium plan.

Under reciprocal provisions, a resident of Michigan may operate a motor vehicle for a period of 90 days in any 1 year without registering same with the Commissioner of Motor Vehicles.

Drainage Districts organized by Circuit Court may issue bonds without vote of two-thirds of voters.

County court drainage districts liable for construction of or replacement of a collapsed bridge over one of its’ ditches.

Stock of goods in store in Boone County, owned by resident of Randolph County, assessed in Boone County; fixtures in such store assessed in Randolph County. Stock of goods located in city, owned by individual who lives in county, assessed in city; fixtures in such store assessed only in county. When stock of goods or fixtures in store are owned by corporation, property is taxed wherever located.

Four questions, funds, transportation, distribution of funds, school board district liability.

Tax returns under act must be filed on calendar year basis rather than fiscal year basis, and must be computed on basis of income for preceding calendar year.

(1) It is mandatory under H.B. 407, 64th General Assembly, Laws Mo. 1947, page 236, for credit unions to file tax returns on calendar year basis. (2) Tax is to be computed on basis of dividends accruing at the end of the fiscal year occurring in the preceding calendar year. (3) Said H.B. 407 is unconstitutional, in so far as it provides for a 1947 tax based upon dividends declared on Sept. 30, 1946, which last mentioned date was prior to July 1, 1947, the effective date of said H.B., but is constitutional as to taxes for 1948 and succeeding years.

The terms of members of County Highway Commission begin on the date of the appointment of the original commission by the county court, and thereafter, one commissioner should be appointed each year for a four-year term beginning on that date.

The term “General Election” means the election held in November of even years. Trustees not nominated by primary elections: any qualified person may be placed on ballot.

Term of additional magistrate ends at next general election.

Mentally deficient child ordered committed to state hospital by Juvenile Court in St. Louis should be taken to the hospital by the Probation officer rather than by the sheriff.

Money from sale of buildings bought with unappropriated funds by state teachers college need not be deposited in the State Treasury.

County court cannot collect from special road district for repairs to bridge in such special road district; may assist special road district organized under Art. 10, Chap. 46, R.S. 1939, in maintaining bridges, such money to be paid out of class 6 of the budget; cannot pay for maintaining a bridge in a special road district organized under Art. 11, Chap. 46, R.S. 1939.

Sheriff is entitled to per diem provided in Section 13411, R.S. Mo. 1939, for attendance in courts of record. Fee is properly allowed to the sheriff and not to the deputy for the deputy’s attendance.

When by reason of death of one co-owner of an estate by the entirety in either real or person property, the survivor acquires the whole estate therein, the property is not subject to assessment of inheritance tax. When by reason of the death of one co-owner of property, real or personal, held by two or more persons as joint tenants, acquires the interest of the deceased by reason of surviving, such property is not subject to assessment of inheritance tax.

Retail sales made by or to an educational institution supported by a religious organization are exempt from provisions of the Sales Tax Act.

Tuition cannot be paid for elementary pupils voluntarily attending other districts and such pupils cannot be counted toward teaching units.

Under Section 3364, page 640, Laws of Missouri, 1943, applications for marriage license must be presented and filed with the recorder of deeds that issues said license.

Further insanity hearing not necessary when pay patient made county patient.

Where a Missouri statute fixes the salary of the county officer on the basis of population of the county and provides no method of determining such population, the population is to be measured by the last decennial census of the United States.

Relating to licenses for local commercial motor vehicles.

Deputy sheriffs appointed by the sheriff in counties of third class under authority of Sec. 2, Laws of 1945, p. 1562, do not have a “term of office” and compensation of such deputies may be changed at any time by the circuit judge.

County court is prohibited by Sec. 26(a), Art. VI of Constitution, from becoming indebted exceeding in any year the income and revenue provided for such year, and contract between county and surety company for payment over 4 year term of premiums on county treasurer’s bond, given for protection of school fund, does not bind county for more than one year. County court may in any year set bond required of treasurer for protection of school money.

Appropriations for Training Schools at Boonville, Chillicothe and Tipton for payment of teachers’ salaries, educational supplies, etc., should not be made out of that part of the general revenue set apart for the free public schools.

The advertisement of optometric services on credit is the advertisement of “prices or terms for optometric services” under Section 10121 (g), R. S. Mo., 1939, as amended.

Canvass to be made after all intermediate registrations as provided for in Section 11872 of the Revised Statutes of Missouri for 1939, discretionary with the Board of Election Commissioners.

Magistrate must keep judgment docket; magistrate judgment not lien until transcript of judgment filed with circuit clerk.

The county court may anticipate the state aid for farm to market roads in its budget.

Compensation of members of the Public Hearing Panel, under House Bill No. 180, should be paid out of the appropriation of the State Board of Mediation.