Missouri Attorney General Opinions

Funds for payment of firemen’s and policemen’s pension must come from source set out in pension plan adopted.

State Inspector of Oils cannot by rule extend provisions of law to require license from persons not included in statute.

A person is entitled to the whole of the last day allowed by law to file for office, and it is the duty of the county clerk, or deputy, to be available all of this day.

Neither the county court nor the commissioners of special road districts organized under Article 10, Chapter 46, R.S. Mo. 1939, are authorized to purchase liability and property damage insurance to insure injury, death or damage resulting from the operation of motor vehicles owned and used in the building and maintenance of the district or county, and there is no need for such insurance.

Deduction for insurance premiums by Commission Merchants or truckers carrying livestock from farm to market are illegal where the carrier falls within the jurisdiction of the Public Service Commission, if the total charges exceed the rate allowed by the commission; are illegal if the insurance is not carried whether the trucker is within jurisdiction of the Public Service Commission or not; and where insurance is carried may or may not be legal according to the contract entered into between shipper and trucker.

Validity of claims by state or county, for reimbursement for keep of patient as poor person at state hospitals, against estates of indigent patients.

Y.M.C.A. of St. Louis required to pay hotel license fees.

County officers of Iron County to operate on CST.

Savings and Loan Association may mortgage, pledge or hypothecate assets as part of its power to borrow under Section 60 of House Bill 481.

Scheme of taxation of national and domestic banking corporations provided in House Bill No. 888 is in lieu of all other taxes which might be imposed upon the tangible and intangible personal property of such corporations.

(1). Section 10342A, R. S. Mo. 1939 will operate to re-employ a teacher in the event that its provisions are not complied with. (2) A school board member possessing the deciding vote may not vote for a person within the fourth degree on relationship by reason of Section 10342 R. S. Mo. 1939, nor may his failure to vote be ignored where his silence brings Section 10342A into operation.

A bond issue for a county hospital may be submitted at a primary election.

Commissioners of public benefit assessment road district organized under Article XI, Chapter 46, R. S. Mo. 1939, unauthorized to make a tax levy under Section 3716, R. S. Mo. 1939, either with or without an election by the people.

Declarations of candidacy may be filed with county clerk by mail or by a person other than the candidate himself. Receipt of payment to county central committee should be filed therewith.

Board of Managers of School for the Blind unauthorized to pay expenses of teachers for travel to School for Instruction.

Purchasing Agent authorized to conduct sale of livestock, produce, etc., produced by eleemosynary institutions and pay proceeds therefrom into revolving fund of institution until such fund reaches $5000, and any surplus above that paid into state treasury to credit of the fund for the support of eleemosynary institutions.

Bill must be passed by majority of members elected even though there is a subsequent vacancy in the membership.

Approval of quit-claim deed to Project No. 23-127F; located at Rolla, Missouri.

Trustee of PSRS appointed by State Board of Education who is resident of school district included in retirement system but not employee thereof, is qualified to hold that office.

Authority of judges of circuit courts to establish additional magistrate courts in counties of 30,000 inhabitants or less.

Intent of Legislature to protect savings and loan associations from acts of omission is satisfied by provision of savings and loan blanket bond, Form 22, lines 92-93. Lines 101-102 of Form 22 not in conflict with Section 29 of House Bill 481.

Consolidated and Common School Districts may consolidate.

Not entitled to practice law after present term.

There is no authority for the confining of an habitual drunkard, who does not have manifestation of insanity, in the state insane asylum.

Requirement of title.

Commissioner may determine extent of analysis of agricultural seeds.

Section 40(a) Article IV, Constitution 1945, is self-enforcing and it is not necessary for the Legislature to enact a statute permitting the Conservation Commission to promulgate rules and regulations. Construing House Bill #366.

County court where indigent parents reside must furnish expenses of child in School for the Deaf.

Under Sections 18 and 25, Article 5, Constitution of 1945, justice of the peace not licensed to practice law cannot hold offices of probate judge and magistrate in counties with 30,000, or less, inhabitants.

Section 12435, R. S. 1939, authorizes the county court to use the maintenance fund of the drainage district to pay engineering costs incidental to estimate of cost of cleaning ditches of drainage district.

There must be transfer of title at the time of sale. Several questions regarding jurisdiction over juvenile offenders.

County court has power to sell county land and in the absence of specific statutory direction as to the procedure of the sale, only reasonable precautions must be taken.

County Court cannot make donation to city for municipal airport.

Right to purchase lands sold under school fund mortgages.

Under the order of the Commissioner of Finance for a banking corporation to restore impaired capital, the directors of such corporation may personally sign a guaranty or place property in escrow with a contract that such property may be held by the Commissioner of Finance, or other person designated, until the capital impairment of such corporation is restored from normal earnings or if need be, to sell such assets and apply the proceeds to such repairment. Such contact should be definite respecting the rights of all parties as to the holding, sale or withdrawal of such property.

Under Constitution of 1945 probate judges may continue to perform duties under the provisions of Section 9454, R. S. Mo. 1939.

The Central Missouri State Teachers College is unauthorized to accept money from the Federal Government under Title V, Public Law 458, 78th Congress. The acceptance of such money would be a contract without express authority of law in contravention of Section 39 (4), Art. III, Const. 1945.

Section 13763, R. S. Mo. 1939 is a complete scheme providing for the levying and expenditures of funds for particular road purposes.

Vacancy in office of county surveyor would be filled by appointment by the Governor.

Constitutional provision changing date of fiscal year does not affect statutory requirement that Mine Inspector must make report in January.

May use money collected to maintain office and incidental expenses.

The State Purchasing Agent may execute a lease of real property for the Unemployment Compensation Commission of Missouri for a period of time which exceeds two years, provided that the terms of the lease called for payment of rent for the whole period within the appropriation period in which the lease is executed.

In a county having township organization the County is liable for assessed benefits to roads in a drainage district which was organized under the County Court Drainage law.

Real and tangible personal property assessable by county assessor under House Bill 469. State alone may assess intangible personal property under Article X, Section 4c, Constitution 1945.

Several questions concerning parking of vehicles on state highways, and authority of the Highway Patrol in connection therewith.

The legislative body of a political subdivision which has established an airport may establish a board or body to administer the same.

Authority to promulgate regulations requiring proof of registration of fictitious name as a condition precedent to securing Missouri real estate broker’s license.

Construing Section 10463, p. 889, Laws Mo. 1943.

(1) University of Missouri may charge Veterans Administration non-resident tuition fees for resident veterans; (2) Lincoln University may charge Veterans Administration non-resident tuition fees for resident veterans; (3) State Teachers Colleges may charge Veterans Administration non-resident tuition fees for resident veterans.

Probate Court has authority under Section 605, R. S. Mo. 1939, to commit a veteran to an institution outside the State of Missouri.