Missouri Attorney General Opinions

One is guilty of violation of nepotism section even when appointee receives no compensation.

Trustee of county hospital subject to ouster, criminal prosecution, and civil suit for illegal purchase of supplies.

A six-day school week for the purpose of accelerating the termination of a school term, is within the discretion of the school board.

Preliminary for grand jury indictment must be had under Section 3774, R. S. Missouri 1939.

Lessee operating motor vehicle properly registered in the State of Texas and transporting own goods and wares in the State of Missouri, in operating for hire does not come within the purview of Public Service Act but must register said motor vehicle in the State of Missouri.

Lands which come into possession of the United States Government after assessment but before levy of taxes are not subject to taxes for the year for which such assessment is made.

Person filling vacancy in office of County Treasurer is not entitled to receive increase in compensation during the term of office.

The State Veterinarian may expend available funds out of the appropriation to his department for the purpose of enforcing the provisions of the law relating to the disposal of diseased animals and carcasses of same.

Construction of regulation #37 – (k) pertaining to resident State Wholesale Dealer’s Permit.

Members of the General Assembly may not be appointed Deputy County Clerk during the term for which he is elected to the General Assembly.

Special Prosecuting Attorney appointed under Sections 12948 and 12949 R. S. Mo. 1939 is not entitled to salaries or fees.

Tax deeds to trustee must be executed only on tract or tracts of land described in each publication.

County court cannot invest school funds in United States securities.

The Department of Conservation and State Parks are two separate and distinct departments. Duties of the director of State Parks as provided under Section 15329, R. S. Mo. 1939.

Appeal does not vacate Board’s revocation of license pending decision of Governor and Attorney General.

State treasurer’s duties respecting licenses fees on motor vehicles under Section 5728, R. S. Mo. 1939.

Section 11329, R. S. Mo. 1939, applies only to merchants commencing business after the first Monday in June and not to a person who is in business between the first Monday in March and the first Monday in June next preceding.

Partial payments of taxes are held by the collector as a trustee and such taxes belong to the tax payer until the full amount of the taxes are paid.

There is no legal duty for the State Board of Health to make tests of medico-legal nature. There is not statute prohibiting the same to be made by the State Board of Health when the requisite cost is paid by the official or county requesting the same.

Dead animal disposal.

Rules and regulations requiring barber lather brushes to be replaced with mechanical appliances in cities over 20,000 are reasonable if a necessity exists to safeguard public health.

Rules governing right of way, election of stop signs and failure to observe same and speed permitted on highways of the State.

Form of Petition; Form of Instruction and Form of Verdict, to be used in a proceeding under Section 8578 R. S. Missouri, 1939.

County courts may not appropriate surplus taxes to pay bonds issued for payment of toll bridges or operation of such bridges.

A minor over the age of 17 years has the right to personally waive preliminary examination where he is charged with a felony.

Buildings to house inmates must comply with statutory requirements as to fire escapes.

Entitled to receive additional compensation for added duties.

(1) Article 5 R. S. Mo., 1939, which has to do with the trade of cosmetology, hairdressing and manicuring, has no application in cities having a population of less than five hundred inhabitants. (2) Persons practicing the trade of barbering must procure a barber’s license in cities having a population of less than five hundred, whether they have complied with Art. 5, R. S. Mo., ’39 or not.

Committee Substitute for House Bill No. 255 by implication repeals last clause of Section 10400, R. S. Mo. 1939, authorizing compensation for disbursing school monies.

Affidavit sufficient to charge the crime of Grand Larceny under Section 4456 R. S. Mo., 1939 – Larceny and Embezzlement distinguished.

When the act of violence occurs in one county and the victim dies in another, the coroner of the county in which the victim dies should have jurisdiction and the county court of that county is liable for the legal expense incurred in connection with such inquest.

County may finance the improvement of roads in common road districts out of surplus road funds.

Nurses’ Home cannot be constructed under levy for construction of a county hospital.

County court can, at any time, require additional bond to be furnished by county collector if a mistake was made in the amount of taxes collected in the years previous to his election.

Establishment of journalism school 7 months after demand is within a reasonable time.

County court can refuse to pay for publishing notice to delinquent personal taxpayers that a suit would be filed against them for personal taxes.

Notice not required taxpayer on personal property and penalties accrued are payable by the taxpayer and cannot be abated by the county court.

Salaries of employees under the Commissioner of Agriculture must be paid from the specific appropriation for each department under the Commission.

A father is not related to the sister of his son’s wife by affinity, and the appointment by the father of such person as an official clerk does not violate Sec. 13, Article 14, of the Constitution.

Commissioner of Health has a right to investigate the health conditions of a county jail, and should report his findings to the County Court and the Circuit Judge of the particular county, and may furnish his report to the City Council of the city in which the jail is situated.

Valid marriage affects emancipation of child from parental control, and parental consent for vaccination of married minor not necessary.

Commissioner of Health is under no statutory duty to post bond before entering upon the duties of his office.

Sheriff is only entitled to a reasonable amount allowed by the circuit judge and prosecuting attorney for the board and lodging of a jury.

Section 13, of Article XIV, of the Constitution of Missouri, does not prohibit the appointing by a public officer of a husband of a wife whose great grandfather was the brother of the grandfather of the office holder.

May not display placard bearing words “License Applied for” as substitute for registration plates; approved information for such violation.

If passed and approved will not affect present compensation of any officers except circuit clerks and prosecuting attorneys.

County Board not bound by valuations of tracts fixed by the Assessor.

Township boards in counties under township organization levy taxes in subordination to the county court and the total levy made by the county court and township board shall not exceed the constitutional limit.

Change in the fiscal year would require enactment of Constitutional Amendment and cannot be changed by statute.

Apprehension pending Governor’s warrant; arrest on suspicion; affidavit before justice of the peace by competent witness sworn to in Missouri; examination.