Missouri AG Opinions — 1954

Determination of State Division of Welfare that an applicant for old age assistance is legally ineligible, if based upon evidence applicant was owner of insurance policy having cash surrendervalue of $600, being in excess of maximum allowed by Subsection 5, Sec. 208.010, Laws of 1953, p. 644, and Rule 14 of Division of Welfare is in accord with statute and rule and is proper.

False application for certificate of ownership to a motor vehicle a forgery, when. False application also false affidavit under Section 557.090, 1949. Taking of false acknowledgment by notary violation of Section 561.220, Laws, 1952, page 420.

In a situation where two or more persons are partners in an enterprise , and carry a partnership account in a bank, but borrow no money in the partnership name, the individual borrowing of any of the partners is not to be taken into consideration in determining the loan limit from the bank of any other partner or partners.

Affidavits to absentee ballots may be taken by Notaries Public in the county for which the Notary is appointed and adjoining counties by the terms of Sec. 486.010, V.A.M.S. 1949, and are not confined to the office of a Notary taking such affidavits. A Notary Public cannot take his or her own affidavit to an absentee ballot if he or she is the absent voter.

Vacancy created in a county committee by a tie vote is filled by a majority of the new county committee electing a qualified person to fill such vacancy.

Missouri State Park Board unauthorized to establish revolving fund for payment of expenses of concessions in state parks.

Opportunity and time to consult with friend or attorney must be given in Magistrate Court to person charged with misdemeanor at time of arraignment. Defendant may waive such right if continuance granted for such purpose and defendant cannot make bail should be committed to jail.

Withdrawal of candidate who has filed declaration of candidacy need not be acknowledged to be effective. Valid withdrawal cannot subsequently be withdrawn. Such person’s name should not appear on ballot.

The addition of fluoride to a city’s water supply to make the fluoride content one part fluoride to one million parts water as recommended by the Division of Health of Missouri and the United States Public Health Service would not contravene any existing law of the State of Missouri.

Illegitimate child born to inmate of Missouri State Hospital is resident of county from which mother was committed.

(1) A school board is under an obligation to certify a levy within the limits of its authority to discharge the district’s obligations or bonds issued by the school district. (2) The board of education of a school district may not issue a warrant if there be insufficient money in the proper fund for the payment of said warrant unless it can be reasonably anticipated that there will be sufficient income during that school year to pay the warrant. (3) It is not permissible for the county treasurer to pay warrants drawn upon the sinking fund and interest fund from the moneys collected and placed in the incidental fund.

A public road which has not been used by the public for a period of five years continuously becomes abandoned and ceases to have a legal existence.

Employee whose working day ends at 4:30 P.M. is entitled to full day’s pay when employer dismisses him from work 3:30 P.M. election day.

City of third class does not have power to exact license fee from nurseryman.

Conservation commission is authorized to require permit from dealers selling fish lawfully acquired in foreign state.

Last board of trustees of eight-mile special road district winds up affairs of district upon dissolution.

The certification by a county court of a patient to the State Cancer Hospital continues until the patient is cured, is no longer in need of treatment by the hospital, or otherwise discharged, pursuant to Section 200.090 RSMo 1949. If, however, during the course of the disease, the patient moves his residence from one county to another, such removal extinguishes the obligation of the original certifying county, and certification by the new county of residence should be obtained. If a patient, having been discharged, removes his residence to a county other than the county originally certifying him for treatment, said patient may not again be admitted for treatment until properly certified by his new county of residence.

The ten dollar fee required for the issuance of a permit to engage in the pharmacy business by Section 338.220 RSMo, Cumulative Supp. 1953, is not a tax and must be paid by a purely charitable organization engaging in the pharmacy business.

The amount of time which a county officer must personally devote to the duties of his office in order not to be subject to ouster from his office is a matter which must be determined upon the basis of the particular facts and circumstances in each case.

The expense of a survey of the 5 State Mental Hospitals by the Central Inspection Board of the American Psychiatric Association is not comprehended within “ordinary and necessary operating expenses” or “ordinary and necessary expenses” within the meaning of the appropriations for “operations” contained in House Bill No. 383, General Assembly.

(1) “Intent” not essential element in prosecution for violation of statutory crime mentioned (2) Magistrate in county having less than 70,000 inhabitants may assess penalty in excess of $500.00 under Section 304.240, RSMo 1953, Cumulative Supplement.

In proceeding before county court on petition to establish or vacate public road, county court required to cause stenographic record to be made of proceeding only on request and at expense of petitioner or remonstrater . Appeal from decisions of county court and scope of review governed by Sec. 22, Art. V, Const. Mo. 1945.

No salary provided for clerk of probate court in county of third class having population in excess of 10,750 but less than 15,000 inhabitants with a valuation of $11,000,000.

Missouri State Highway Commission has sole discretion in the location of state highways and may exact from political subdivisions contributions for the purchase of right-of-way therefor.

Bank or other institution having deposits or other assets in joint names of deceased person and another must give ten day’s notice of intention to transfer; transfer must have consent of Director of Revenue and Attorney General unless institution retains amount for taxes. Same rule applies to contents of safety deposit boxes; not applicable when estate not subject to inheritance taxes.

Division of Mental Diseases having established a location at Higginsville , Missouri, as a unit of the Missouri State School in pursuance of Section 202.590, 1949, it is the opinion of this office that the money appropriated for the use of the Missouri State School for “erection of a building or buildings suitable for housing 500 additional patients and equipment for such buildings” may be used to erect such building or buildings at the Higginsville , Missouri, location.

Division to record births proven under provisions of Section 193.200, RSMo 1949, and upon payment of statutory fees to issue certified copies of such records.

The sheriff of a third class county is not required to make a verified report to the county court of his fees received in civil cases.

Priority of service of terms of punishment.

(1) Municipality of appropriate population may issue revenue bonds to provide off-street parking facilities without submitting proposition to vote of the electorate.; (2) Such bonds may not be retired from general revenue receipts of municipality.

Tangible personal property of Missouri corporations to be assessed in county or counties where situated on the first day of January of each calendar year.

The prosecuting attorney of a county may represent the sheriff of the county at a sanity hearing in which the sheriff was the informant; state is an interested party in a sanity hearing because the public at large may suffer in person or property from the dangerous vagaries of the individual alleged to be of unsound mind, and because such person by a dissipation of his property may become a charge upon the public purse.

Section 540.020 RSMo 1949, providing that grand jury be convened upon order of judge of court of record having jurisdiction of felonies is directory rather than mandatory. Does not require grand jury convened at least once during certain period of time. Calling of grand jury discretionary with judge, who may order same convened at such times as he deems necessary.

Counties of fourth class not authorized to levy tax for support and maintenance of county farm bureau subject to Sections 262.550 to 262.620, RSMo 1949, as amended.

The sale of a school building by the board of education of a reorganized school district without having advertised the same in accordance with Section 165.370, RSMo. 1949, is invalid.

Township has no authority to use township machinery to do work for private individuals for hire.

No authority exists for the election or the appointment of more than four constables in St. Louis County, regardless of the fact of the creation of five magistrate districts in St. Louis County.

There is no statute in this State authorizing County Courts of any county of any class in this State to set and pay out of the county treasury bounties on foxes or fox puppies.

In cases of death where there is no physician in attendance upon the death of the deceased person, and death is not such as to bring it within the jurisdiction of the coroner, the person in charge of interment may, during the incapacity of the local registrar to perform his duties, directly notify the local health officer, and said local health officer should complete the certificate of death, in accordance with Section 193.140, RSMo 1949.

Department of Corrections of the State of Missouri may, within its discretion, establish a bureau of personnel pursuant to Section 216.050, RSMo 1949, and said department may, within the limits of its appropriation for such purposes, employ such personnel as it considers necessary to discharge the functions of that bureau. It is within the discretion of the Department of Corrections whether to appoint a person to supervise said personnel bureau.

Members of the Commissioned Corps of the Public Health Service actively serving prior to July 3, 1952, entitled to $3,000. income tax exemption per Section 143.105; but not after said date.

If the recorder of a third class county does not earn the sum of $4,000.00 in fees in 1953, he is not entitled to the total sum, or to any portion of the sum, of $750.00, provided in Section 59.250 S. B. 42 of the General Assembly.

School district temporarily combined with another district under Sec. 161.100, RSMo 1949, must employ teacher and show kind of certificate held by teacher in order to qualify for maximum apportionment of state school money.

The contract for the purchase of a rug by the Missouri Supreme Court did not need to be approved by the state comptroller and budget director; that a contract for repairs to the Missouri Supreme Court Building should have been approved by the Director of Public Buildings.

County Court in counties of third class may not employ clerical and stenographic personnel for the office of assessor other than is provided in Section 53.095, V.A.M.S.

1. An action instituted by a Prosecuting Attorney, ex officio, for the abatement of an obstruction across a county road is an action brought by the State; 2. Although such action is unsuccessful by reason of adverse judgment or a continuance at any state of the proceedings no costs can be collected from the State; 3. In such a situation the county in which the action was begun would not be liable for such costs.

The General Assembly can create a special fund for the purpose of financing local roads, but such special fund would be subject to dissolution, and appropriation for other purposes, by succeeding General Assemblies.

A public official claiming a fee for performance of his duty must put his finger on the statute authorizing such fee; and that no statute authorizes the payment of a fee to a recorder of deeds for entering on the margin of the record the satisfaction of a mortgage or a deed of trust on realty.

Coroner in City of St. Louis as such has no authority to order the arrest or detention of persons suspected of complicity in crime causing death by violence or of a material witness thereto, prior to the holding of inquest.

Funds appropriated under Section 7.031, Laws of 1953, may be used to enlarge and improve existing power and heating plant owned and operated by and serving the University of Missouri in order to serve heat and power needs of the new Missouri University four-year medical and surgical school.