Missouri AG Opinions — 1957

Successful bidder on a public works contract has discretion as to a selection of the surety or sureties for a surety bond. School bond cannot require that successful bidder purchase surety bond from a particular agent or broker.

The county court has no authority to relieve the collector from the collection of penalties and interest due on account of delinquent taxes.

A farmer selling eggs produced by his flock on his farm to customers in a town via door to door route need not grade or label said eggs nor does he need a license to sell said eggs as a door to door route is not an established place of business as referred to in Sections 196.313 and 196.328, RSMo Cum. Supp. 1955.

Employees of the University and colleges who are not covered under some other retirement or benefit fund to which the state is a contributor (not counting contributions under the Federal Old Age and Survivors’ Insurance Act) qualify under the law to become members of the Missouri State Employees’ Retirement System.

Electro- Matic Radar Speedmeter is a proven scientific technique for measuring the speed of motor vehicles and evidence so obtained constitutes legally admissible evidence which may support a finding of guilt in a criminal cause.

Section 453.110 RSMo 1949, provides for transfer of custody of child from person, agency, organization or institution having legal custody of said child to any parent, agency or organization or institution for care in a family home without a court order provided the person, agency, organization or institution having legal custody of the child shall retain the right to supervise the care of said child and to resume custody of said child.

Right of county court to expend proceeds of sale of county farm during 1957 and 1958.

It is not the intent of Section 292.300, RSMo 1949, to require municipal governments who operate and maintain fire departments that employees in that department come within its provisions.

Aboard of county hospital trustees may not convey title to hospital property, title to which property is in the county; and further, that the county court of the county may convey title to such property when authorized to do so by the Board of Trustees of the County Hospital.

A juror not on the regular panel and summoned to sit as a juror in any criminal case in which the offense charged is punishable with death or by imprisonment in the penitentiary for life or for not less than a specified number of years and no limit to the time, whether he should have been selected on the panel or not, is to receive the sum of $6 per day, if he has traveled at least one mile in attending upon the court, and that if he has not traveled at least one mile for compensation shall be $1 per day.

Construction of Section 338.045, RSMo Cum. Supp. 1955.

Coroner has authority to exhume body buried before an inquest when he has reasonable grounds to suspect foul play. Coroner has authority to perform autopsy only if necessary to determine cause of death.

The county court of a county of the third class cannot withhold from the compensation due the assessor for performing his duties an amount equal to any overpayment for prior years. Further, the county court may, by appropriate action, recover back any overpayments previously made to the county assessor.

In computing the equalization quota the district in which a pupil resides is entitled to count, for resident attendance, all resident children attending another public school whose tuition the district is required to pay, but that the district is not allowed to count for resident attendance, a resident pupil attending another public school whose tuition the student himself is paying.

Paragraph 3, Section 301.360, RSMo 1949, which provides the Director of Revenue may destroy all applications for drivers licenses after four years, means that each and every application filed by the director in accordance with the provisions of Section 302.120, RSMo 1949, may be destroyed after four years from the date each application was filed.

County court does not have authority to remove or exclude land that is within a drainage or levee district.

Amounts paid from penitentiary personal service appropriations may be credited against the amount owed by penitentiary for purchases for penitentiary farms.

The provisions of §560.610, RSMo 1949, as amended by the Laws of 1955, do apply to any person of the age of twenty years or more who pleads guilty to a violation of any of the offenses enumerated in the aforesaid section.

County court does not possess the authority to call for an election upon a bond issue for the erection of a county hospital; such an election must be by petition of the taxpayers of the county as set forth in Section 108.040, RSMo 1949. When such an election is held and such bond issue is carried that the county court must proceed with the erection of the hospital.

The same person may, simultaneously, hold the office of township tax collector and city tax collector in counties having township organization.

In making adjustment and apportionment of property and indebtedness on change of boundary lines between school districts, boards of education must take into consideration all factors mentioned in §165.014, RSMo, Cum. Supp. 1955, and may consider other factors if necessary to arrive at just and proper apportionment. Amount awarded by agreement or by arbitration may be paid and enforced as any other valid claim against district.

The county court of Howell County may not contribute county funds to the city of West Plains for the purpose of erecting a city hospital in the city of West Plains. Such activity may be done by a joint cooperative basis in accordance with the laws of the State of Missouri.

Under provisions of Constitution of 1945, and Revised Statutes of Missouri 1949: (1) Employees of county highway commission may organize a labor union. (2) County court cannot enter into collective bargaining with such union. (3) County court cannot enter contract of employment with such union.

A county which has accepted the provisions of Chapter 105 RSMo Cum. Supp. 1955, extending the benefits of Title 2 of the Social Security Act (42 U.S.C.A. Sec. 401 et seq.) to its employees, is required to pay into the state contribution fund, with respect to wages, amounts at the rates specified in the plan and agreement; and that the county or the proper official thereof can deduct such amounts from wages paid to an elective county official, such as the prosecuting attorney.

Sections 12.020, 12.010, and 95.525, RSMo 1949, cedes exclusive jurisdiction to the Federal Government of the George Washington Carver National Monument and the Jefferson National Expansion Memorial, only to the extent the federal government accepts said jurisdiction; and State of Missouri still retains jurisdiction over said two pieces of property.

County Health Unit Election would be valid if held on the same day as township elections; necessary as set forth in the statute, Section 205.010, RSMo Cum. Supp. 1955; county would bear the expense of the election; county and townships in the county would not share this election expense.

Land O’Lakes Creameries Inc., a Minnesota corporation, is liable for taxation on its income under the Missouri Income Tax Law.

A lawyer may perform all of the necessary legal services involved in the transfer of the custody of a child and not be in violation of Section 210.211, RSMo 1949; it is the further opinion of this department that such a lawyer is not in violation of the above section even though he had knowledge that placement had been made by a person not authorized to do so.

Kansas City Board of Election Commissioners may not accept registration records of the Jackson County Board of Election Commissioners applicable to persons within an area annexed to Kansas City; but electors must re-register as provided in Section 82.100, RSMo. 1949.

Where nieces and nephews of an intestate inherit from him they will take in their own right per capita in accordance with Section 474.020, RSMo Cum. Supp. 1955.

Products for eliminating internal worms from hogs, poultry, or other animals are not subject to registration under the Missouri Economic Poisons Act. All 100% paradichlorobenzine or 100% naphthalene products of a company, all of which bear the same or a portion of the same claims, can be registered as one economic poison under the Missouri Economic Poisons Act, and only one registration fee has to be paid thereon.

Charges under subsection 3 of Section 560.161, RSMo Supp. 1955, relating to stealing by persons with prior convictions, cannot be based upon prior convictions obtained under statutory provisions which were repealed by the bill which enacted Section 560.161.

Members of the Committee on Legislative Research who were authorized by the Committee to represent the Committee at meetings of the National Legislative Conference in Miami, Florida, in 1955, and in Seattle, Washington, in 1956, could be legally reimbursed, from funds appropriated for the use of the Committee, for expenses necessarily incurred by them in attending such meetings.

A pinball machine which pays off only in free games is not a gambling device. No law which prohibits the playing of pinball machines by minors in Missouri.

Collector of taxes of a fourth class county may fill in the blanks of a tax deed; he may not charge for filling in the blanks of a tax deed.

An information that accused crossed yellow line passing another vehicle in a no-passing zone does not charge the commission of a crime.

Opinion letter to the Honorable William A. Collet

Prosecuting attorney can file criminal charges or institute injunction proceedings against person operating a locker plant without a license as required by law; and prosecuting attorney can institute injunction proceedings against a person who violates any provisions of the locker plant law, including the one requiring an annual license as mentioned above.

County liable for costs of prosecution for failure to report accident under Safety Responsibility law if defendant is tried and acquitted, but no costs chargeable if prosecution based upon affidavit of Director of Revenue fails from any other cause.

Sections 390.171 and 390.176, RSMo 1949, are constitutional.

No person shall be granted a permit or license to sell nonintoxicating beer whose permit or license as such dealer has been revoked or who has been convicted, since the ratification of the twenty-first amendment to the Constitution of the United States, of the violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or nonintoxicating beer.

Authority to construct fences across artificial lake covering state-owned land.

Articles of Agreement of Survivors’ Benefit Insurance Company.

The community sales law and the regulations adopted thereunder do not apply to sales which deal only in horses and not other species of livestock. Community sales and stockyards markets which are subject to the provisions of the Packers and Stockyards Act (7 U.S.C.A. Sec. 181 et seq.) or to the provisions of Chapter 276 RSMo 1949, are by virtue of such state or federal regulation exempted from the provisions of the Missouri Community Sales Law.

The County Court of Marion County cannot legally pay the circuit court reporters travel expense incurred in traveling from his place of residence in the county to the place of holding circuit court.

The Missouri Real Estate Commission cannot pay to the Missouri Real Estate Association twenty-five dollars a month for postage on the Missouri Real Estate Association Bulletin, as the legislature has not appropriated funds to the Commission for that purpose.

Sec. 379.355 RSMo 1949 not violated when cost of municipal franchise tax levied by City of Springfield, Missouri against fire insurance companies has been added to fire insurance rates published for such city by Missouri Inspection Bureau pursuant to Missouri’s Rating Act, . 379.315 to 379.415 RSMo 1949.

If chairman of board of education employed by transportation company which furnishes school transportation to his district has direct or indirect pecuniary interest in transportation contract, such contract is void as against public policy.

A person appointed to fill a vacancy in the office of sheriff, which vacancy occurred less than nine months prior to the holding of a general election, at which election a sheriff was elected for a full four year term, would continue in the office of sheriff until the first day of the succeeding year and until a person elected to the office at the general election was duly qualified.

Subsection 4 of Section 117.050, RSMo, requires the Kansas City Board of Election Commissioners to keep its office open during business hours of each week day, excluding Sundays and legal holidays. Board is unauthorized to close its office Saturday afternoon of each week.