Missouri AG Opinions — 1946

Judge of probate court in counties of less than 30,000 inhabitants is ex officio judge of magistrate court. Additional clerks, deputy clerks and employees may be provided for magistrate court by county court, where necessity exists, their salaries to be paid by county. Stenographic services for probate judge are paid for by the county out of Class 4 as provided in Budget Act. Clerk of magistrate court may receive pay for stenographic work done for probate judge. Clerk of magistrate court may act a stenographer for probate judge, and will be paid for such services in addition to his salary as clerk of magistrate court. Stenographic services for prosecuting attorney may be paid for by county out of Class 4 as provided in Budget Act.

Magistrates may not have any connection with a law suit even though it was filed prior to assuming office.

An increase in the levy above the constitutional and statutory limit of taxes for public health purposes would be unconstitutional, when such levy is ordered by the circuit court.

Contingent expense appropriation of 63rd General Assembly limited to expenses of that Assembly.

County Superintendent in Fourth Class county; (1) is entitled to his actual necessary traveling expenses; (2) can employ a clerk without the consent of the county court; (3) can employ a teacher as clerk who performs the duties of clerk outside his teaching hours.

(1) Senate Bill 162 – reinvestment of certain school funds. Senate Bill 186 – election favoring annual distribution of liquidated funds, such funds credited to the school funds desired by school board. (2a) Threat of epidemic authorizes board to require vaccination before school attendance. (2b) If vaccination rule is adopted, parent not in violation of compulsory school law for not permitting child to be vaccinated.

County contributions for Superintendent of Schools do not increase Superintendent’s salary so as to contravene Art. VII, Sec. 13, Const. of Mo. 1945.

The General Assembly has the power to increase the salary of circuit judges during their term of office.

Use of seal, and fee of Sheriff and deputy for attending such court.

Appeals under Sec. 9411 R. S. Mo. 1939, shall be made to the Director of Public Health and Welfare under Senate Bill No. 349.

A devise for life with remainder to the heirs of the body is a contingent remainder, and a daughter of a remainderman who predeceased life tenant takes a share in the real estate.

Definition of term “other political subdivision” as used in subsection 10, Section 39, Article III, Constitution of 1945.

Under S. B. No. 284 the probate court is the only count which as the power to commit indigent insane.

Unlawful to administer foot treatments as defined in Section 9796, R.S.Mo. 1939, without a chiropody license. Unlawful to advertise, using title or chiropodist or other similar designations, if not a licensed chiropodist.

Sheriff cannot enter into agreement with county court whereby the sheriff’s family would be furnished their groceries as reimbursement for feeding prisoners.

Section 13470, R.S. Mo. 1939, inconsistent with Article VI, Section 13, Constitution, 1945, therefore, ineffective after July 1, 1946.

Appropriation for county hospitals comes out of class five of Budget Law.

1) Unemployment Compensation funds are not necessarily state funds; 2) neither are they such taxes as to require them to be paid into the State Treasury or appropriated out by law.

Interpretation of the meaning of “actual and necessary traveling expenses” as applied to county superintendent of schools.

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.