Missouri AG Opinions — 1951

(1) A circuit judge has the power, at any time, to make an order increasing the salary of a deputy sheriff and/or a deputy circuit clerk; (2) A county court is obligated to pay salary increases of deputy sheriffs and/or deputy circuit clerks ordered by a circuit judge; (3) A county court is obligated to issue warrants covering such salary increases even though there is not money immediately available for such purpose; (4) Warrants issued to deputy sheriffs and/or deputy circuit clerks will be protested if there are no funds available with which to pay them; (5) A county court would not be justified in refusing to pay a salary increase ordered by a circuit judge; (6) A circuit judge may not make an order for a salary increase of a deputy circuit clerk which is retroactive.

The sheriff of a fourth-class county is under duty to summon jurors when ordered to do so by the magistrate.

A county assessor who has failed to make a real property list within the time and manner prescribed by law cannot subsequently make such a list and receive compensation therefor.

A circuit court reporter for the purpose of the Social Security Law is an employee of the county or counties from whom he derives his compensation.

The county court may in its discretion allow or deny petition for incorporation of special road district in county under township organization. County court’s exercise of discretion is exercise of legislative instead of judicial power. Not necessary to divide entire county into special road districts. Special road district entitled to receive only those tools and machinery regularly used heretofore in maintaining roads now in the district.

Postal Savings accounts not obligations of United States; not exempt from state taxation under Section 742, Title 31, U. S. C. A. Ownership or beneficial interest of such an account taxable as intangible personal property, classified as “money on deposit,” and tax to be measured by yield or income of account under Section 146.010, RSMo 1949.

Members of the Board of Election Commissioners and its employees for the purpose of Senate Bill No. 3, would be covered by an agreement entered into between the City of St. Louis and the state agency extending the benefits of the federal old-age and survivors insurance to its employees.

County Court cannot legally pay Circuit Clerk mileage from the county seat, Carthage, Missouri to Joplin, Missouri, when he attends court being held at Joplin, Missouri.

The State is not liable in damages for the wrongful acts of inmates of a State maintained training school for the care and treatment of feeble-minded and epileptic patients.

Absentee ballots may be cast at special school bond elections.

The commission must file its report not later than July 19, 1951.

The State Merit System Act prohibits a person employed under this act from becoming a candidate for election to the office of member of a local school board.

Employees of a nursing home or “rest haven” does not fall within Section 290.040, RSMo 1949, Hours of labor of female employees.

Under Section 550.240, RSMo 1949, trial magistrate in every misdemeanor case where county liable for costs, must make out complete fee bill and return same and all papers in case to circuit or criminal court clerk of county as promptly as circumstances permit.

Election to increase tax rate for purposes of increasing wages of police and fire departments is an election to increase rate for general municipal purposes and not for public health purposes. Constitutional limitations of 2/3 majority and four-year increase limitations therefor applies.

Director of Department of Public Health and Welfare may convey land of said department to State Highway Department for right-of-way purposes.

Proceedings as prescribed by statute for consolidation of school districts must be substantially complied with. Common school districts in annexation election cannot vote to annex to either one or the other of two consolidated districts at the same election.

State Purchasing Agent must follow procedure set out in Sections 34.170; 34.200; 34.210; 34.230, RSMo 1949, in purchasing all state printing. “Notice of Change of Purchase Order” not authorized therein cannot be used by him to effect increase or decrease of amount bid for printing or other supplies subsequently to execution of contract by successful bidder and Purchasing Agent. Upon successful completion, delivery and approval of printing or other supplies, bidder entitled to receive only amount of bid, and state not liable for any other sums.

Tuition payable to a consolidated high school district by common school district may be paid from either teachers’ fund or incidental fund.

County treasurer to turn over to state treasury or county revenue fund all uncalled for fees at the end of the next term of court following receipt of the criminal cost fee bills.

When Attorney General holds an act unconstitutional, the salary and expenses of officers acting thereunder should not be paid after the date the opinion is issued.

Section 379.255 and Section 379.080, RSMo 1949 to be read together. Mutual and stock companies comprehended in said sections are permitted to invest assets in loans secured by real estate or personal property as collateral, after first investing in prime securities named in Section 379.080, RSMo 1949, in an amount required to meet paid-up capital in stock companies.

Personal property, as well as real estate, may be used to qualify a surety on a bail bond.

City or town with tax-supported library becoming a part of county library district does not constitute newly established library so as to qualify for establishment grants.

A regulation requiring vehicles transporting milk to be covered and insulated is not compatible with paragraph 3 of Section 196.585, RSMo 1949.

The state may take depositions in criminal cases under Art. I, Section 18(b), Constitution 1945, when it is not necessary to pay traveling expenses of defendant and his counsel. State may not take same if it is necessary to pay said traveling expenses until the Legislature makes provisions therefor.

Supervisor of Liquor Control authorized to issue five per cent beer permit for premises located within 300 feet of a building not being used regularly as a place of religious worship.

An absentee ballot may be cast in the regular election held for the purpose of electing a county superintendent of schools.

Billboard annexes to land presumably under lease agreement between billboard owner and landowner, with right of removal ordinarily reserved in lessee at end of term, in absence of intention of parties to contrary; billboard does not become part of, or any interest in land, and for tax purposes under Sec. 137.010, RSMo 1949, should be classified as tangible personal property and not as real property. Corporation owned bill board to be assessed in county where billboard is situated under Sec. 137.095. If individually owned to be assessed in county of owner’s residence, under Sec. 137.090.

A certificate of convenience and necessity is prerequisite for one to operate as a motor carrier of passengers for hire; “taxicabs” operating within “suburban territory” exempt.

County Clerks in third class counties may retain fees collected under Section 51.400, RSMo 1949, in addition to their salaries and do not have to account for same, but cannot retain fees collected under Section 51.410, RSMo 1949, which fees are to be accounted for and paid over forthwith to the County Treasury.

Sureties on bail bond conditioned for the appearance of defendant in court in a criminal proceeding at a given time are discharged from the obligations of the bond because of the fact that principal is confined in the State Penitentiary of Missouri, having been prosecuted and convicted of a second and different offense before date for appearance in accordance with provisions of the bond.

Where bridges adjudged sufficient and become part of road system of the county under Sec. 242.350 RSMo 1949, are subsequently destroyed, authority having charge of bridges cannot be compelled by mandamus to reconstruct bridges, since such authority is allowed discretion under this section.

Each elected member of the Board of Supervisors for each Soil Conservation District must be Elected for a term of two years.

The compensation of coroners in second class counties is confined exclusively to the annual salary of $2,000.00 fixed by Section 58.090, RSMo 1949.

House Bills 97 and 98, 66th General Assembly, relating to blind pensions, do not conflict with the Federal Social Security Act.

When a chattel mortgage on a motor vehicle is recorded, the recorder of deeds should certify the fact on the certificate of title.

In order to qualify for State financial aid a County Memorial Hospital must be operated by the county and an amount equivalent to the sum of money sought in aid must be expended.

County Court of Pettis County is unauthorized to appropriate funds to the Sedalia Chamber of Commerce fund.

The compensation of a county officer cannot be increased during his term of office.

Under Public Law 815 – 81st Congress – State Board of Education is proper state agency to carry out purposes of the act and direct investment of moneys received and paid by the Federal government to the State Treasurer.

Members of the General Assembly may not be appointed Assistants Prosecuting Attorney in counties of the fourth class in this State during the term for which they are elected to the General Assembly.

County courts must furnish probate and magistrate courts adequate office and storage space, office furniture, equipment, appliances and supplies. County courts do not have authority to lease or permit the use of space in the county courthouse for private purposes.

Missouri law does not prohibit the sale of intoxicants to persons who have formally been adjudged to be mentally incompetent.

Notaries public, Commissioners of deeds, army officer above rank of lieutenant, naval officer above rank of ensign and Kansas City election officials are officers “authorized by law to administer oaths.

Prosecuting Attorney not qualified to act as appraiser in fixing state inheritance taxes.

Prosecuting Attorney not qualified to act as appraiser in fixing state inheritance taxes.

Vacancy in Congress filled by special election called by Governor.

Under Article VIII, Section 5, Constitution of Missouri, registration of voters can only be provided by for state statutes, and not city ordinances.

Whenever an indigent inmate or patient at the Missouri State School becomes dangerously insane, the superintendent of said School may temporarily place such a patient in a state hospital for the insane. But the superintendent of said school shall immediately cause to be instituted proceedings in the probate court of the county where the school is located to have the court determine whether or not such patient is actually insane so that said patient may be detained by the state hospital for the insane until she is restored to sanity.