Missouri AG Opinions — 1953

When subpoenas, summons and warrants, all in one case, are given to the sheriff for service on one trip, that for all such service by the sheriff, he is entitled to receive mileage only for service had on one person which should be computed on service to the most remote point and return. If, for good cause shown, sheriff is unable to make all such service on the same trip, he shall be entitled to additional necessary mileage required to make such service which must be approved by the prosecuting attorney and county court. However, in no case shall the sheriff be entitled to but one mileage for service in any single case on any one person.

It is the opinion of this department that county court judges, in counties of the third class, will, for the remainder of their present terms, receive $10.00 per day for the first ten days in any month in which court is held, and $5.00 per day for each additional day in each month in which court is held, and 5¢ per mile necessarily travelled in going to and returning from the place of holding court.

Under Rule 21.14, Supreme Court Rules of Criminal Procedure for all Missouri courts, one arrested without warrant for criminal offense of careless and reckless driving of a motor vehicle, a bailable offense under Sec. 20, Art. I, Cost. of Mo. 1945; while in custody said person may request and be granted bail by magistrate court of county having jurisdiction to try case if charge filed in such court. Condition of bond being that person will appear on specified date, or from time to time to which cause may be continued, to answer information that may be preferred against him, charging said offense. One arrested without warrant for alleged criminal offense and while in custody applies to the magistrate court of the county having jurisdiction if criminal charge filed, and court orders sheriff to bring the prisoner before court and be present during consideration of application for bail; order properly and legally made, and duty of sheriff to obey same.

Charter of the City of St. Louis may be amended so as to authorize the levy of a city earnings tax on income earned by residents and income earned by nonresidents employed in such city, and statute is unnecessary.

Deputy state veterinary surgeon not required to be resident of Missouri.

A savings and loan association not prohibited under its by-laws or any Missouri statutes, may pay bonuses to employees or affiliates for obtaining new accounts. By-law of an association prohibiting payment of dividends upon accounts withdrawn can be amended to permit payment of dividends upon any portion of withdrawal between last dividend date and notice of withdrawal. Board of directors lack power under by-laws to create new office of chairman of board. Office cannot be created without amendment authorizing same.

“Personal representative” as used in Par. 2, Sec. 537.020, RSMo 1949, means executor or administrator of deceased person’s estate. “Representative” as used in Par. 3, of said section means special administrator for deceased non-resident, whose powers are limited to those provided in said paragraph. Ancillary administrator of non-resident’s estate, under administration statutes may also be appointed. But only when proper application and proof of facts involved are made, and court is convinced of sufficiency of same, is it mandatory to appoint administrator for deceased resident, or ancillary administrator, and or special administrator for deceased non-resident.

Missouri State Penitentiary is not required to cook the garbage fed to swine owned by the state and fed on the state penitentiary farms under House Bill No. 60 of the Sixty-seventh General Assembly.

Effective date of H.B. 160 is August 29, 1953. In computing salary of prosecuting attorney in 3rd and 4th class county, determine the base salary; add 25% of base salary; add 25% of this figure; add $600.00.

In Magistrate Court only money owed to the defendant, by the garnishee, at time of answer of interrogatories is subject to garnishment.

Notice of proposed change in contract required to be filed under Section 295.100, RSMo 1949, is a public record and subject to inspection by the members of the public.

Under Section 301.025, Mo.R.S., Cum. Supp., 1951, the treasurer and ex-officio collector of a township organization county is not required to furnish to an applicant for a motor vehicle registration license, such applicant having paid his state and county tangible personal property taxes for the preceding year, a statement that no such taxes are due, nor is he required orally or informally at the request of the deputy commissioner of motor vehicle to make any statement as to whether an applicant has paid his taxes.

The extension of a sewer district in St. Louis County can only be into a “contiguous” area, and that by “contiguous” is meant an area which is “adjacent” or lying immediately next to and adjoining.

Probate court lacks power under Missouri statute to appoint guardian of adult whose sole assets consist of benefit payments other than old age assistance authorized by Chapter 208, RSMo 1949, when recipient was never adjudged insane. But when person is adjudged insane, habitual drunkard, or narcotics addict and incapable of managing his affairs, guardian of person or estate of recipient may be appointed. Cost of proceeding to be paid from person’s estate if sufficient, if insufficient, by county.

An apartment house is subject to the Missouri Sales Tax on the purchase of electricity and gas for the use of its tenants.

The territory included in a dissolved enlarged district becomes unorganized territory and may be organized into common school districts by the method prescribed in Section 165.163, RSMo 1949. No such district can receive state aid for the first school term of its existence.

A fire protection district may not extend its boundaries to include only a part of an incorporated city, town or village.

(1) Bonds voted for sewer system may not be converted for use on water system; (2) city could not become indebted for 20% of its valuation for such purpose and also 10% of its valuation for water system.

Calculation of allowable weight per tire as provided under Sec. 304.180, Mo. RS. Cum. Supp. 1951. Lack of criminal intent no defense for violation of foregoing statute under Sec. 304.240, Mo. RS. Cum. Supp. 1951.

Provision for “delayed shipment” incorporated in contract for purchase of raw materials by reference is valid.

Records of conviction kept by Director of Revenue, of accident reports and Court records of convictions are public records and thus open to inspection by the public.

The several counties of Missouri are liable for all the expenses of holding a general election in this State at which County Health Center Trustees are elected.

The ex officio collector in a county under township organization is entitled to only two percent for collecting delinquent taxes returned by the township collectors.

Cities of fourth class not required to pay filing fee in magistrate court but must furnish bonds in attachment suits.

Appropriation under Section 3.120, Laws of Missouri, 1951, page 47, is available only for refund of “taxes.”

The term “incorporated cities,” found in Section 18(c), Article VI, Constitution of Missouri, includes all incorporated cities, towns and villages.

Magistrate fee in criminal case allowed for each proceeding, and not for each defendant.

Candidates for election to offices in cities of the third class, operating under the mayor-council form of government, are required to file statements of expenditures under Section 129.110, RSMo 1949, and they are restricted to the expenditures limited in Section 129.100, RSMo 1949.

Mere accidental dropping of dangerous substances upon highways is not alone a criminal offense. Penalty for violation of Section 304.160, RSMo 1949, provided by Section 304.570, RSMo 1949.

State Purchasing Agent may not sell the right to inspect and copy public records.

No disbursements to be made under Section 10.380, Laws of Mo., 1951, page 235, in absence of valid contract for work.

An individual member of the Industrial Commission of this State may approve compromise settlements made by parties to a claim for compensation. He may not, however, hold a hearing on a claim after an award is made thereon by a Referee and after the claim has reached the full Commission on review, under Section 287.480, RSMo 1949.

Construction placed on proposed House Bill.

Creditor who obtains refusal of letters on estate of decedent in accordance with Section 461.120, RSMo 1949, entitled to transfer of motor vehicle but must show Director of Revenue authority from proper court if director requires.

County not required to pay social security contributions on wages of former employees not employed at the time of the entry upon agreement with Federal Social Security Agency. Officers are required to pay contributions for former term although serving a subsequent term at the time county enters into agreement.

Operation of overweight, overlength, or overwide vehicle upon the highway is not a nonmoving traffic violation.

No Missouri statutes require any corporation doing business in state to pay compensation to employees as often as once each week.

Authority of member of a grand jury to testify in trial on an indictment as to a confession made before said grand jury by the defendant. Official court reporter who took testimony before grand jury unauthorized to testify at the trial on an indictment returned by the grand jury.

Attempted purchase of unbudgeted item by county officer does not create obligation against county.

It is the duty of the county, in a county of the third class, to furnish the county coroner an office or space to carry on his official duties; to maintain and equip said office; to provide supplies and equipment as are shown to be absolutely necessary; all to be taken care of and paid for out of county treasury, as provided for in Sec. 49.510, RSMo. 1949, as county court may direct.

A special road district newly organized is entitled to its portion of the funds collected and unexpended at the time the district came into existence.

(1) That a farmer operating his truck on a local commercial motor vehicle may travel beyond the twenty-five mile limit when he has no load on his truck and is on a pleasure trip. (2) That a farmer operating on a local commercial motor vehicle license may not make a “for hire haul.” (3) That a man, not a farmer, operating on a local commercial motor vehicle license, may not go beyond the twenty-five mile limit on a pleasure trip. (4) That a person, not a farmer, operating on a local commercial motor vehicle license, may not legally move from job to job in excess of the twenty-five mile limit.

The Douglas-Guardian Warehouse Corporation, a corporation, is conducting and operating a public warehouse in the City of Springfield, Greene County, Missouri, as defined in Section 415.010, RSMo 1949, and is required to comply with all of the terms of Chapter 415, RSMo 1949, relating to warehouses in this State.

Solvent convicted defendant in county of the third class liable for board bill accruing while committed to jail by lawful authority as part of costs.

State Park Board has no authority to convey property of State of Missouri. Sec. 3, sub-sec. 1, proposed Senate Bill No. 8, constitutional; however, Legislature must appropriate money from fund before State Park Board can expend same.

Duty of the Prosecuting Attorney to prosecute for violation of compulsory school attendance law. (Chapter 164, RSMo 1949).

Coroner of fourth class county shall receive, as his total annual compensation, the sum of $60.00, $90.00, or $120.00, depending upon population of county. This compensation is to be paid in equal monthly installments, which would make the monthly pay $5.00, $7.50, or $10.00, depending, as does the total, on population of county.

Students at School of Mines are subject personal property tax assessment in Phelps County, only if they establish legal residence in that county.

Missouri State Highway Commission determination of limited access to state highway prevails over inconsistent city ordinance.

Under provisions of Section 16a, Article III of the Constitution, representative entitled only to maximum of Ten Dollars per day reimbursement for actual expenses of such day.