Missouri AG Opinions, 1956

An illegal sale of intoxicating liquor to a minor by an agent with the knowledge and consent of the licensee renders the licensee as well as the agent liable.

An application filed with the Workmen’s Compensation Commission against a self-insuring company or corporation, which states that the individual filing such application was a former employee of such company or corporation and that he was unjustly discharged from such employment because he had filed a claim for compensation, and was forced to sign a statement that he was being discharged for inefficiency, does not state sufficient grounds for revoking the self-insuring privilege of such company or corporation by the Workmen’s Compensation Commission.

For a violation of Sec. 23.100 RSMo 1949, the members of a county highway commission could be removed from office, under the procedure specified in . 106.220 RSMo 1949 et seq., or by the institution of proceedings in quo warranto.

Under the provisions of Sec. 56.310 RSMo 1949, the prosecuting attorney shall be allowed a fee of $12.50 for the conviction of a defendant charged with armed robbery under the general criminal law, regardless of whether said defendant is committed to the State Board of Training Schools, or punishment is assessed at confinement in the State Penitentiary.

1. In township organization county the county court must have approval of county highway engineer in establishing or changing a road.; 2. In township organization county the county court must have approval of county highway engineer in vacating a road.

Sec. 472.040 RSMo 1949, Cum. Supp. 1955 prescribes rules for taxing costs in probate proceedings. Costs properly taxed against estate with insufficient funds not collectable. Fees taxable under Sec. 483.580 RSMo 1949 in counties of less than 30,000 inhabitants and remaining unpaid for one year after being reported under said statute are to be collected by State Director of Revenue. Fees accruing under Sec. 483.580 RSMo 1949 are to be collected from estate or from persons requiring services named in statute. Failure of executors and administrators to pay costs properly taxed necessitates looking to official bonds for collection.

(1) The receipt of supplemental benefits under the Ford Motor Company or General Motors Corporation Supplemental Unemployment Benefit Plan does not prevent the receipt of state unemployment benefits to an individual while unemployed. (2) The amounts which are set aside to pay supplemental benefits under this plan are not taxable as wages under Section 288.090, RSMo 1955, Supp.

Statutory common school district meeting may adjourn promptly upon completion of official business.

In specifying the date in a notice for hearing on petition for sale by probate court, the date must be fixed not later than seven days after twenty-eight days following the date of the first publication of notice.

Offices of county treasurer of Third Class county and treasurer of Fourth Class city not incompatible and may be held by same person.

A publication of notice requisite to the sale of lands for taxes directed merely to the “'heirs of” a certain person is insufficient and would render a sale based thereon invalid even though that was the method by which the owner was actually listed on the land tax book. In the event the proceeds arising as a result of an invalid sale are refunded to the purchaser out of the county general revenue fund the proceeds of a subsequent valid sale should be paid over to general revenue.

State Highway and its agents not liable for trespassing when entering upon private property for purpose of making preliminary survey.

Statute placing general supervision over care of inmates implies the responsibility to furnish dental care.

A driver’s license may not be revoked or suspended for one conviction of careless and reckless driving although party may have been guilty of careless and reckless driving resulting in the death of another.

Assessment lists in custody of county court may be destroyed when in compliance with provisions of Section 109.150, Cum. Supp. 1955. School enumeration lists cannot be destroyed and only the vouchers and receipts in any estate filed in probate court may be destroyed and then only in compliance with the provisions of Section 472.280, Subsection 2, Cum. Supp. 1955.

Sheriffs, deputy sheriffs, police officers, member of the highway patrol, town marshals, judges of courts, and all persons deputized by any of the above persons to aid in conserving the peace, or to serve criminal or civil process, are exempt from the provisions of Section 564.610. Further, that firearms capable of being concealed upon the person which were acquired prior to the enactment of the law requiring a permit before acquiring such firearms, does not apply to firearms so acquired prior to the enactment of the law. Further, the above section does apply to firearms acquired by Missouri residents in other states, or to firearms acquired by inheritance.

Township trustee and members of the township board elected before the effective date of Section 65.230 RSMo 1955 Cum.Supp., may not receive the increased compensation authorized therein during their present term of office. Officers whose terms began after said Act took effect may receive the increased compensation.

Professional engineers not registered as land surveyors cannot make surveys for said Commission. Professional engineers employed by said Commission may make surveys for Commission without necessity of registering as land surveyor.

Volunteer workers in civil defense not “employees” within the meaning of Workmen’s Compensation law.

A chief of police under the Merit System Police Department is an officer under Section 77.400 RSMo 1949, and, consequently, would have to comply with the provisions of Section 77.380 RSMo 1949.

A regulation passed by a school board stating that no child could enter the first grade unless he became six years of age prior to September is not a denial of his legal right and is not unreasonable.

Teachers of inmates of the Department of Corrections not included.

When complaint of individual alleging commission of misdemeanor is filed in magistrate court in accordance with Sections 543.020 and 543.030 RSMo 1949, if after having fully investigated facts, prosecuting attorney believes same insufficient to sustain conviction of accused, he may, within his discretion, refuse to file information or to proceed further in matter.

County may recover from person obligated to support an indigent insane person or from such insane person’s estate amounts expended by it for support of such insane person, but cannot recover from anyone amounts expended for support of other poor persons.

Representatives of the cigarette tax division should make estimates of the tax and penalties due against a seller of unstamped cigarettes when the seller is known, and against the retailer when the seller is unknown.

Registration lists or cards in counties having more than 200,000 inhabitants and less than 450,000 inhabitants are public records and subject to inspection by the public.

Attorney for division may act as referee on appeals to Director of Department and may participate in hearings.

The Constitution prohibits action by the Legislature in Special Session on a proposed constitutional amendment, the subject of which is not included in the Governor’s call for such Special Session, or in any special message of the Governor to such Special Session.

Insurance companies subject to Sections 379.205 to 379.310 RSMo 1949, are not exempt from the provisions of Section 376.400 RSMo 1949 when issuing regular accident and health policies, and such companies may include a death benefit payment in comprehensive automobile casualty and liability policy without making such policy a regular accident and health policy required to be filed and approved under Section 376.400, RSMo 1949.

Offices of night marshal and county treasurer are compatible.

(1) The valuation of government- owned lands for purposes of apportioning moneys to school districts is to be made by the county court as is provided in the first sentence of Section 12.100 Cum. Supp. 1955. These lands are to be evaluated by the county court as if they were privately owned. (2) The amount of land to be assessed depends upon the particular district. As to any district entitled to apportionment of these moneys, the amount of land to be assessed shall be the amount that the district could have assessed but for the acquisitions of the land by the government. (3) Any district which would have had land to assess but for the acquisition of these lands by the government is entitled to apportionment. This includes any reorganized district which is now composed of any district or any part of any district that could have assessed the land but for the acquisition thereof.

When a township board member is employed by board to maintain a district’s roads; accepts employment, maintains roads, and is paid from road district’s funds; absent facts showing violation of Sections 231.150 to 231.330 RSMo 1949; board member cannot be criminally prosecuted under provisions of Sections 231.320 and 231.330 RSMo 1949.

School district, in absence of qualifying factors, may not give property to church organization. Such attempted transfer enjoinable by state at relation of prosecuting attorney.

The moving of intoxicating liquor for even a very short distance constitutes “transportation” as that word is used in Section 311.410 RSMo 1949.

Any money appropriated for the State Training School at Tipton should not be paid to the State Training School at Chillicothe , after the transfer of the inmates of the Tipton School to the School at Chillicothe . Also, the $15.00 per month paid to the various schools by the county from which the inmate comes, should, after the transfer of the inmates of the Tipton School to the School at Chillicothe , be paid to the Chillicothe Institution for each transferee from the Tipton School.

Under the provisions of Section 111.405, RSMo Cum. Supp. 1955, the state may properly pay all necessary costs and expenses of election incurred in conducting the October 4, 1955, and January 24, 1956, elections if no other question is submitted to a vote at the “same election.” The term “same election” as used in Sec. 111.405, supra, refers to an election which is required by law to be conducted by the same election officials.

The Secretary of State of Missouri does not have the authority to grant permission for the use of the Flag or Great Seal of Missouri to any of the following: (1) Private firms for commercial purposes (2) Fraternal, benevolent and other nonprofit organizations for noncommercial purposes (3) Candidates for political office.

Magistrate cannot hold both offices of magistrate and coroner at the same time for the reasons the duties are incompatible, each with the other.

Institutions of higher learning ineligible for apportionment of state school money under Senate Bill No. 3 or House Bill No. 182, General Assembly.

Chapter 248, RSMo 1949, authorizes the creation by the City of Kansas City, and parts of Clay, Platte and Jackson Counties, of a sanitary drainage district to carry domestic sewage only; this district is a political subdivision which may become indebted in an amount allowed by Section 26(b), Missouri Constitution, 1945.

A session or non-regular session during a term is not a session in vacation; sheriff is entitled to fees only on days court is in session. Letters testamentary may be granted even though the court is not in session. Fees for mailing notices are to be remitted to the state. Collections made for postage actually expended may be retained by the county.

A motorist who operates a motor vehicle upon a one-way roadway in such a manner as to endanger the life or property of others may be prosecuted therefor.

Under Section 113.530, RSMo 1955 Supplement, the Jackson County Board of Election Commissioners will conduct elections in the city of Raytown , which according to a census taken by the city has a population of 11,700.

In order to constitute abandonment of property, the owner must voluntarily abandon with no intention of retaking.

The court is authorized to require a reasonable deposit or security for costs.

A junk dealer who operates a salvage or junk yard would not be obliged to procure a license to operate a refuse disposal area, and a dealer who operated a used-car salvage supply lot will not be obliged to procure a license to operate a refuse disposal area.

Cigarette tax collections should be deposited in state treasury pending outcome of litigation regarding its constitutionality.