Missouri AG Opinions — 1947

Levy of not to exceed 35¢ on property in special road districts in counties under township organization is made by township board. Additional levy of not to exceed 35¢ may be voted by special road district. County court in counties under township organization may not assist in building and maintenance of bridges in special road district.

County courts may not transfer funds from Class 3 of the Budget to any other class under the budget law.

Township assessors take office on the first day of September following election.

City officials do not violate Section 4483, R.S. 1939, by leasing land to the University of Missouri, for experimental purposes, for a nominal consideration.

Under appropriation of $100,000.00 for storeroom and $15,000.00 for bakery, contract may be let in the amount of $115,000.00 for constructing both as a unit.

Secretary of State authorized to fix compensation of all employees in his department.

Jurisdiction of notaries public in the City of St. Louis in adjoining counties.

If reason for change of venue is bias and prejudice of inhabitants of a county, venue must be awarded to magistrate in adjoining county. Magistrate has no authority to require proof of such bias and prejudice.

In re: Three questions on sheriff, jury and witness fees in magistrate court.

Proposition for change of site of common school district schoolhouse may be submitted at an annual or special meeting.

Applicability of Motor Vehicle Safety Responsibility Act to taxicabs.

Where defendant is unable to pay costs, fee bill for same is prepared by magistrate and submitted to the clerk of the Circuit Court.

Missouri Power & Light Company not liable for Missouri income tax upon refunds ordered paid to consumers.

Sheriff may not retain an arrest fee or mileage for apprehending a person in Missouri who is charged with a felony in another state.

Power to sell school property vested in voters of district at annual school meeting.

County clerk must charge statutory fee for oath and certificate to affidavit of county collector to the return of drainage tax books of circuit court drainage district.

County court is not authorized to pay an agent for procuring insurance or collecting on delinquent school fund loans.

Failure to hold township elections on the date as provided by statute does not permit the holding of an election on a subsequent date not provided by law. The present incumbent officers continue to hold office and discharge their duties thereunder until their successors are duly elected or appointed and qualified.

The Division of Workmen’s Compensation has the power to appoint an assistant or deputy to the Director to whom the latter may delegate the authority to perform the ministerial acts of his office.

Under House Bill 192 city receiving allotment of less than $10,000 may at a latter date receive further allotment which will make up the full $10,000 limit.

Reciprocity existing between the States of Missouri and Minnesota.

May not be invested in time deposits even though bank pledges United States government bonds to guarantee deposits.

School election where a majority of voters favored annexation not held invalid because order of board of school directors calling election not set out in minutes.

Disposition of fines assessed against fire insurance companies.

Sheriffs have authority to hold person under arrest without formal charge for a period not to exceed twenty hours; applies to misdemeanors as well as felonies; sheriffs have reasonable time to take persons arrested before magistrate.

Counties may, by a two-third vote, levy a tax above constitutional limit for health purposes.

It is within the discretion of the county court to pay a wolf bounty up to but not exceeding ten dollars.

County collector may not retain any compensation for his services other than the annual salary of $5,000.00.

Only messenger appointed by Governor under Sec. 3976, R.S. Mo. 1939, has authority to return fugitives from justice to this state, and expense must be paid from State Treasury in accordance with Sec. 3977, R.S. Mo. 1939, except in cases where defendant is returned for wife or child abandonment the expense of extradition must be paid by County Court.

Under Section 10358, Senate Bill No. 208, passed by the 63rd General Assembly, a school district board of education may submit a proposal to the voters of said district for subsequent increase in the tax levy for the same year or years that an increase has already been voted in excess of the amount authorized by the Constitution without voter approval.

Recorder of Deeds of St. Louis City has not authority to release deed of trust which secures notes not mentioned in the deed of trust.

Authority as conservator of the peace is county-wide, and includes violation of city ordinance if it constitutes an offense against the state. Allowed only such mileage as comes within Section 5, H.C.S.H.B. No. 872.

Appointment of deputy whose great-grandfather was also sheriff’s great-grandfather and whose grandfather was brother of sheriff’s grandfather, not in violation of nepotism provision.

County court must order treasurer to secure surety bond before county is liable for premium.

In counties of third class, except counties under township organization, treasurer not entitled to one-half of one percent for disbursing school money in addition to his regular salary.

Prosecuting attorney may file information for a misdemeanor in the circuit court and may file a delinquency case in the circuit court. Defendant cannot take a change of venue from circuit court to magistrate court.

Disposition of excess fees earned by probate judges prior to January 1, 1947.

Deputy sheriffs may be hired on part-time basis, when such appointment and the compensation of such deputies is approved by the Circuit Court.

An express company having contracts with railroad companies for the operation of an express service upon the lines of such railroad companies, or the transatlantic steamship company, or a telegraph or telephone company, as exceptions to corporations prohibited from doing any acts of banking under Sec. 7890, R.S. Mo. 1939, possess the power of receiving for transmission or of transmitting the same, by draft, traveler’s check, money order, or otherwise, without any authority or supervision of the Department of Finance of this State whatsoever.

County court may allow up to $500.00 per annum to county clerk for payment of additional compensation to deputies and assistants.

(1) Member of county court or other county officer cannot buy county warrants at less than par. (2) If member of county court votes for employment of a relative within 4th degree, by consanguinity or affinity, he forfeits his office. (3) Where mineral leases have been made, taxes should be assessed to owner of land. (4) Sec. 11107, R.S. 1939, has no application to Maries County. (5) Without a vote of the people, tax rate cannot be increased in any year so it will produce mathematically more than 10% in excess of taxes levied for previous year.

A corporation organized under Art. VIII, Chap. 33, R.S. Mo. 1939, as a Loan and Investment Company may not by amendment of its Articles of Incorporation change the purposes of its incorporation to those of a manufacturing and business corporation.

Construing House Bill 893, passed by the 63rd General Assembly.

County library board has sole right to determine qualifications, pay and number of county library employees.

Territory of extended special road districts must be included in an area twelve miles square.

County common school funds as used in Section 10400, House Bill # 494, means school moneys belonging to various school districts. County treasurer 4th class counties only entitled to salary provided for in Section 13800.4, House Bill No. 781.

Liquidated capital of township and county school funds to be handled and distributed as considered proper by board of school district.

Army officers above the rank of lieutenant, and Navy officers above the rank of ensign, are authorized to take affidavits to a divorce petition of persons engaged in the military service of the United States outside of this State.

Person may not hold the position of probate judge and magistrate and mayor of a city at the same time.

Taxes levied for road and bridges purposes, authorized by first sentence of Section 12 (a), Article X of the Constitution are distributed four-fifths to the special road district from which the tax arose, and one-fifth to the county. Taxes levied under the second sentence of said section are all placed to the credit of the road district authorizing the levy. Elections authorizing the levy of not more than 35¢ additional road tax may be held on the day of a general or special election, provided the election is held within 20 days from the filing of the petition for the election.