Missouri AG Opinions — 1944

Abolition of township organization creates vacancy in office of county collector, which is filled by the Governor.

Sec. 8668, R. S. Mo. 1939, is not applicable to counties having a population of 20,000 and not more than 50,000 inhabitants.

Curators of Lincoln University may not lawfully pay the tuition for negro students at St. Louis University in Missouri under the terms of Section 10779, R. S. Mo. 1939.

Conservation Commission is unauthorized to pay out public funds for a short-term insurance policy on conservation agents for two-day open deer season.

Annual settlement with the county clerk by township trustee required by Section 13967, R. S. Mo. 1939, but audit of the books and accounts of the township trustee by the county clerk is not required by law.

Township collector may appoint deputy to perform ministerial duties, “Abandonment” of office is question of fact, failure to personally perform duties must be decided by ouster suit.

If a person in the armed services of the United States applies only for a primary election ballot, he would not automatically be entitled to have a general election ballot forwarded to him without a new application therefor.

Attorney for stockholder who is not an officer of the corporation cannot file affidavit for registration.

Field Representatives of State Service Officer not public officers. Nor do statutes preclude holding office of field representative and County Treasurer at same time. Offices are not incompatible.

May appoint deputy to be paid out of the fees allowed to such assessor.

State Superintendent may revoke state teacher’s certificate for any grounds mentioned in Sec. 10631, R. S. Mo. 1939, and he is not confined to grounds specified in Sec. 10599, R. S. Mo., 1939.

Compensation of Deputy Recorder must be paid from fees earned by the office of Recorder of Deeds.

Local Registrars in cities 10,000 to 30,000 must supply city Board of Registrars monthly list of deaths of persons over 21 years of age, during preceding month.

Sec. 10175 authorizing 5 days’ pay to be withheld by employer from employees’ wages, does not control the disposition of the sums withheld.

Board of Managers must first obtain authority through an appropriate act of General Assembly before a building may be razed.

Absence from State on military service is not itself a change of residence as would bar candidacy for public office.

Section 11539, Laws Mo. 1941, p. 355 and Section 11539, Laws Mo. 1941, p. 365, when considered together are not in conflict.

Inductees not yet sworn in cannot vote an official war ballot.

Section 11550, as enacted by the 62nd General Assembly, Extra Session, 1944, and Section 11551, Revised Statutes of Missouri 1939, construed.

Maker of a note secured by a deed of trust cannot release record after payment of such note.

Grantees should be named in index in the manner their names appear in deed.

Declaration of candidacy required by Sec. 11550 R. S. Mo., 1939, may be signed and filed by duly authorized agent.

Last filing date for candidates for August 1944 primary is April 25, 1944.

Salary of men in service subject to state income tax.

Candidate can seek nomination for more than one office on the same party ticket.

Wife of justice of the peace may not perform his duties of office during his absence as a member of the Armed Forces.

Filling of vacancy in office of School Director of Consolidated School District at annual meeting, a void act, where notice under Section 10418, R. S. Mo., was not given beforehand.

Section 7 of the Appropriation Act of 1943, Laws of 1943, Page 22 and 23, and Section 15181, Revised Statutes of Missouri, 1939, construed.

Under Section 1015, R. S. Mo., 1939, actions against circuit clerk and ex-officio recorder for liability incurred by acts in official capacity must be brought within three years from date cause accrues in the absence of a showing of fraud or concealment.

The appearance of persons imprisoned may be secured by writ of habeas corpus ad prosequendum in order to prosecute them on indictments for a felony in another jurisdiction in Missouri.

A pardon does not permit the Missouri Real Estate Commission to issue a broker’s or salesman’s license to one who has been convicted of offenses designated in Section 14 of the Missouri Real Estate Act.

Procedure.

Tax deed conveying land of army inductee should not be made and delivered until after full compliance with Soldiers’ and Sailors’ Relief Act.

Decision of Commissioner as to type of motor vehicle, classification, computation of fees, final and conclusive on all licenses issued pursuant to Section 8369, Laws of Missouri, 1943, Page 663 to 666 inclusive.

On failure of successful candidate for office of Justice of the Peace to secure his commission and take oath of office in qualifying himself to hold office, the then present incumbent of such office continues to hold the office until his successor is elected and qualified.

Board of Probation and Parole has no authority to destroy permanent files and records of department.

Statute does not require citizenship.

How patient may be admitted to the school at Marshall—method of determining whether such person shall be sent as a County patient.

Approval of papers as to form and sufficiency submitted in connection with change of Articles of Incorporation of American Automobile Insurance Company.

May resign office.

County Court cannot divert to the County Revenue Fund money collected to pay off bonded indebtedness.

County court may change the boundaries of road districts and may organize only one such district for the whole county.

School property does not revert by reason of the temporary non-use of the school premises.

Section 14, Article X, Constitution of Missouri, should not be withdrawn.

1) Associate Judge must be a resident of district in order to qualify; voluntary departure from district works a forfeiture of office. 2) Sections 2475 and 1988, R.S.Mo. 1939 construed.

Absentee votes to be counted by four disinterested persons appointed by the county clerk and either two justices of the peace or two members of the county court.

Amending absentee voting laws.

The Missouri Library Commission may receive gifts of money, books or other property, which may be used or held in trust for the purposes given by the person creating said trust.

As a compensation for making and preserving direct and inverted indexes only a fee of ten cents shall be collected for each instrument affecting real estate recorded.

County Court is not authorized to return license fee paid into county treasury after vacation of premises or abandonment of business by licensee.