Missouri AG Opinions — 1952

Director of revenue lacks power under Section 143.200, RSMo 1949, to make regulation that profits of individual taxpayer, from sale of breeding stock or dairy cattle is to be assessed to full value unless owned 12 months prior to sale.

An absentee ballot which is obtained at a time more than thirty days preceding the election at which it is cast may be counted if otherwise in conformity with the absentee voting law.

The form of the constitutional ballot may not be used in submitting a county bond issue to the voters. The proposition should be placed on a separate ballot, printed and in the form prescribed in Section 108.060, RSMo 1949.

The dissolution of a county public health center can only be accomplished as provided by statute. County court without authority to reduce tax rate voted for county public health center.

The Board of Election Commissioners in passing upon the sufficiency of initiative petitions acts only in a ministerial capacity.

An out-of-state dealer in eggs who maintains no place of business for the sale of same within the state is not required to obtain a license under the provisions of Section 196.335, RSMo 1949; no provision exists for the collection of unpaid license fees for prior years.

Check payable to Treasurer of Missouri in sum of $2,000 in payment of group life policy in which State of Missouri is beneficiary; the proceeds of check to be deposited in treasury to credit of ordinary revenue fund of state.

Persons released from penitentiary on the seven-twelfths rule are not automatically restored to citizenship at the expiration of two years from the date of discharge.

Hogs appraised and slaughtered under provisions of Section 267.160 RSMo, 1949, may be disposed of at federally approved packing plants, and claims for indemnity payable therefor by State of Missouri are legal claims to be paid, if, and when, an appropriation is made for such purpose.

The owner, on the first day of January, of tangible personal property is liable for taxes levied and assessed on such property for the ensuing year.

Savings and Loan Association subject to provisions of Chap. 369, RSMo 1949, may not amend charter to vest power in board of directors to make, amend, alter and repeal by-laws.

1. The Missouri Extension Service or the College of Agriculture does not have the right to pay $25 or any other sum of state or federal money on the cost of a balanced farm plan for “any individual farmer.” 2. The supervisors of a county soils district are neither county nor state officials, but are officials of the soils district. Legal action may not be taken against one or more supervisors as individuals so long as they act within the limits of their corporate duties, but each supervisor is liable for wilful or fraudulent breaches of trust or gross negligence.

Report required under sub-paragraph three of Section 4 of Senate Bill No. 194 of the 66th General Assembly, to be printed and published through state purchasing agent. Expense of publishing such report to be borne by Election Laws Revision Commission out of appropriation made by the 66th General Assembly.

The director of revenue is not authorized to make tax refunds on claims filed prior to the effective date of House Bill No. 196.

Change in channel of Missouri river by avulsion does not change former boundary line which was the center of old channel.

Two judges constituting a quorum for doing business under Section 49.070 RSMo 1949, may legally call an adjourned term of county court on Saturday following adjournment of regular term the previous day, under authority of Section 49.200 RSMo 1949.

Person may vote for single candidate for congressman or city councilman if he desires, even though more than one office is to be filled from candidates for congressmen or city councilmen.

Township adjoining group of five townships which has previously voted to invoke stock law may thereafter vote to withdraw operation of stock law.

The offices of mayor of a fourth class city and director of an incorporated fire district are compatible.

County board of education, in making study of school districts and advising with school officials, may evaluate teacher personnel. Said board has no authority to employ a school nurse and assess school’s percentage of costs.

Section 302.010, et seq., does not require contractor driving own truck to work to have chauffeur’s license.

Effective date of House Bill No. 449 was October 9, 1951; and that the members of the State Board of Accountancy appointed prior to October 9, 1951, shall not receive the increase of compensation allowed in H.B. 449, supra, during their present terms of office.

A sheriff is allowed the sum of $2.00 for issuing a “special venire facias” for a jury in a magistrate court. A magistrate judge is under no duty to summon a regular jury panel.

1. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of 3.2 beer upon premises of the cafe or club by any individual at any time. 2. Owners and operators of a cafe or club, who are not licensed to sell any kind of liquor, may permit the consumption of intoxicating liquor upon their premises except between the hours of 10 p.m. and 6 a.m.

A county court may inquire into the validity of a bounty claim made against the county before paying such claim and if after such investigation, which may include evidence offered by any person or persons, the court is satisfied that the claim is fraudulent, it may refuse to pay.

The Circuit Clerk is entitled to retain all fees earned by him in any case of change of venue for another county.

Section 51.415, enacted by the 66th General Assembly, applies to all counties of the third and fourth class which have entered into an agreement under Senate Committee Substitute for Senate Bill No. 3, to place county employees under the Federal Social Security Act. It is not void for being discriminatory.

1) Chief Appeals Referee in Division of Employment Security not an attorney within exemption provisions of State Merit System Act; 2) Incumbent with merit system status under Merit System Council continues to enjoy merit status.

Assistant prosecuting attorneys in counties of the second class may sign informations either for felonies or misdemeanors.

County court may pay bounty on wolves killed in Barton County, Missouri, to non-resident exterminators of wolves. Such person shall obtain written permission of the local Conservation agent prior to hunting wolves in said county.

Sec. 302.170(3) RSMo 1949, was repealed by Amended S.C.S. for H.C.S. for House Bills 22, 49, 56 and 114, 66th General Assembly, effective Jan. 1, 1952. Sec. 302.225(4) of act grants named courts power to order suspension and revocation of operator’s and chauffeur’s license for causes in act. Upon conviction of offense for which license can be, and is ordered suspended, trial court must report same to Director of Revenue, who has mandatory duty to suspend license for time specified in statute. Trial court cannot order license surrendered for suspension period.

County budget law, Sections 50.670 to 50.740, RSMo 1949, applicable to fourth class counties, does not authorize bond issue to retire unpaid county warrants. Section 108.130, RSMo 1949, authorizes fourth class counties to fund any judgment indebtedness resulting from the issuance of unpaid county warrants.

Under Section 137.270, RSMo 1949, county courts may not hear and determine allegations of erroneous assessment or mistakes or defects in description of lands after taxes have been paid.

The director of revenue may refuse registration of a motor vehicle dealer when it appears that the applicant is not in fact a dealer. He may suspend or revoke the registration of a dealer only in specific cases.

1) The Sheriff must furnish wholesome food to prisoners in jail. 2) A county should furnish equipment therefor. 3) If the county has no such equipment it may lease equipment from the Sheriff for such purpose by contract for a reasonable sum to be included in the actual cost of feeding prisoners. 4) The Sheriff must make a sworn statement each month of such actual cost. 5) The County Court must audit same to arrive at what such actual and necessary cost amounts to and then draw a warrant on the county treasury, payable to the Sheriff for such actual and necessary cost. 6) The Sheriff cannot lawfully employ a relative within the fourth degree of consanguinity or affinity to prepare meals for prisoners, or for any other purpose, and charge the county therefor, but may accept services of a member of his family without cost to the county.

Applicant for examination for chiropractic license to practice chiropractic must be a graduate of an accredited chiropractic school or college.

No county, city or other political subdivision of the State of Missouri can contribute or give any public funds to the “Executive Committee of the Greater Jefferson City Committee, Inc.” as the same is a private corporation.

School board authorized to construct school building without entering into formal contract for same. School board could make direct purchases of materials needed and employ necessary labor to do the work.

Section 270.090, RSMo 1949, makes it mandatory upon a county court, upon petition of 100 householders anywhere within such county to submit the issue of invoking the stock law at a general election held in such county and it is discretionary with county court as to whether such issue is to be submitted at a special election preceding any general election. Under Section 270.130, RSMo 1949, a single township within county is not authorized to petition the county court to hold an election to invoke the stock law within such single township.

Township collector of 3rd class township organization county to receive fees provided by Sec. 139.430(4), RSMo 1949, for collection of all general taxes in township. Not entitled to receive fee in addition to that prescribed by Sec. 139.430(4), for collection of personal taxes by district and sale under Sec. 139.360, RSMo 1949, since additional fee is not provided for by any Missouri statutes.

Surpluses in Class 1, 2 and 4 may be transferred to Class 5 although the surplus exceeds the fund budgeted under this class.

A policeman of the city of the first class is not entitled to the fee provided by Section 57.290, RSMo 1949, for making an arrest under a warrant issued by a magistrate.

Ward formed in Kansas City and Clay County entitled to committeeman and committeewoman in Clay County Central Committee.

The Chiropractic Board of Missouri has the authority to hire an investigator, to be paid by the legislative appropriation out of the Chiropractic Board in carrying out the duty imposed on it to investigate all members of their profession who are charged with or suspected of immoral or illegal actions.

Under Section 57.430, RSMo 1949, as repealed and reenacted by House Bill No. 100, 66th General Assembly, sheriffs and also their deputies in counties of the third class are contemplated within the provisions of the section authorizing special allowance for expense of investigations of persons accused of or charged with criminal offense; such investigations not to be limited to the confines of the county.

Current drainage taxes included in determining compensation for mailing notice of taxes due.

Salary of secretary to county school superintendent is limited to $1500 per annum. Money provided by law for traveling expenses of superintendent cannot be diverted to payment of secretary’s salary.

Section 317.020, RSMo 1949: Tax on “gross receipts” from regulated boxing, sparring and wrestling exhibitions not to be applied to receipts obtained by theaters televising such exhibition. Five per cent of the gross amount paid for the right to televise such exhibitions should be collected on the amount paid for the right to televise such exhibitions.

Treasurer of 4th class city disbursing funds after failure of city to publish semi-annual financial statement required by Sec. 79.160, RSMo 1949; and before effective date of Sec. 79.165, Laws of 1951, making payment by treasurer under such circumstances a crime, could not be prosecuted, since the act was not a crime when committed. But after effective date, if treasurer disburses city funds and semi-annual statement has not been published prior to disbursement, he may be prosecuted for violation of Sec. 79.165.

Section 266.270, RSMo 1949, prohibits the mixture of feed with materials appearing in the proposed definition of “Chaff and/or Dust.”