Missouri AG Opinions, 1960

1. Duty of judges to return ballots and poll books to county clerk. 2. Duties of sheriffs at election. 3. Absentee ballots may be sent by certified mail. 4. Time off for voting applies although employee lives in county other than where he is employed. 5. Allowance to election judges for returning poll books and ballots to clerk and for services as election judge may not exceed maximum fixed by §111.350. 6. Circuit clerk who “earns” fees on change of venue receives such fees.

Firms can be registered as C.P.A.’s in Missouri if each member is resident of or engaged in practice of public accountancy in United States, is in good standing as a C.P.A. in a state, and if resident member holds Missouri C.P.A. certificate. Firm can be registered as public accountant if resident member holds Missouri certificate as C.P.A. or P.A. May practice under fictitious name if registered under fictitious name law and registered in state. May have Missouri address listed for such firm. Employees of firm not entitled to take Missouri C.P.A. examination unless firm actually practices in this state.

It is the opinion of this department that the order, pursuant to Section 109.140, 1949, authorizing the disposal, archival storage or destruction of records of the police department of Kansas City, Missouri, which have been photographed or microfilmed should be obtained from the Governor of Missouri.

Under general election laws, county court must establish at least one voting place in each township.

A tax sale of a particular piece of property predicated upon a publication of notice of sale, which notice listed the name of C. C. Garrett , which name was neither the name of the record owner or the name of the owner appearing on the land tax book, both of the latter being in the name of C. G. Garrett , is invalid and that upon discovery of said defect prior to the delivery of a tax deed, the collector should refuse to issue to the certificate holder a deed.

It is legal to vote an absentee ballot on July .

When a petition signed by 250 taxpayers of a county requesting the appointment of a public health nurse is presented to the county court, it is mandatory upon the court to make such appointment.

A sheriff in a third class county under the township form of organization is eligible to be elected to the office of county treasurer.

St. Louis County may, by amendment of its charter, abolish the elective offices of assessor and collector and establish a department of revenue under an elected director of revenue, which department shall perform all of the duties heretofore imposed upon the assessor and collector and the duties of the county clerk in connection with taxation.

Maximum property lines of both the main banking house, and the facility to be established by authority found in House Bill No. 568, passed by the General Assembly of Missouri, are to be used as termini in measuring the one thousand yards distance beyond which the authorized facility may not be separated from the main banking house.

A proposition for the adoption of county registration of voters under Chapter 114 V.A.M.S. is to be submitted to the voters for a vote on such proposition at the next general election occurring more than 30 days after the petition is presented to the county court.

Registration and licensing provisions apply to motor vehicles owned by not-for-profit educational institutions.

Article , Sec. 4, Constitution of Missouri, 1945, and Section 21.080, Cum. . 1957, providing qualifications of state representatives do not require that one shall have paid a county tax in the county of his residence prior to his election to be eligible to said office.

The Legislature has prescribed by passage of Section 473.153, paragraph 5,V.A.M.S., that every administrator who is not an attorney, may not appear in court, except by attorney, and this section of law includes public administrators who must meet the same requirements as an individual administrator, and public administrators, like individual administrators, may file their own inventories and settlements.

Discussion of Section 546.615, V.A.M.S., including a holding that the sheriff is required to endorse all allowable jail time on the commitment papers.

The same person may, simultaneously, hold the offices of city assessor and city clerk in a city of the fourth class.

Articles of Incorporation of Old Security Casualty Insurance Company.

In enactment of Sec. 229.160, 1949, requiring movers of threshing machines, sawmills, steam engines, or gasoline tractors to lay down planks of not less than dimensions given, on floor of a bridge before moving any such machines thereover , and that failure to take said precautions, when resulting in injury to bridge, making mover liable in double amount of injuries, it was legislative intent that by expressly naming said machines all other types of machines were impliedly excluded. Diesel powered tractors and heavy machinery not within the purview of section.

Before any expenses are paid to directors of Jackson County Water Supply District No. 1, an itemized expense account should be submitted by each said director claiming reimbursement therefor.

Industrial waste of sewage or other wastes which emanate from the property of an individual, a partnership or corporation but which do not reach a stream, river, lake or other body of water is not subject to the provisions of Chapter 204, , Cum. . 1957, and is not, therefore, within the control and purview of the water pollution board.

Limitation on submission of subsequent plan of reorganization applicable only to area within which vote was taken on previous plan, and not to remainder of county wherein no vote has been taken within one year.

All employees of the Water Pollution Board come within the compass of the merit system, except for the exemptions noted in Section 191.070, , Cum. . 1957. The Water Pollution Board is an “appointing authority” within the meaning of Section 36.020, House Bill No. 111 enacted by the General Assembly.

Petition for annexation of one school district to another void when districts did not adjoin at time of filing petition. County board of education acquires jurisdiction by submitting plan of reorganization subsequently.

A facsimile signature of an officer of a surety company certifying as to the correctness of a power of attorney is a valid signature if the officer intends it to be his signature and he has been authorized by the board of directors to use a facsimile signature and the state in which the power of attorney is executed recognizes such signatures as being valid.

Chief of Planning and Construction is not authorized or directed to exercise any authority in conjunction with construction of medium security penal institution at Moberly , Missouri.

A tract of land owned by the Branson Chamber of Commerce, which tract is used only for presenting a Christmas Nativity scene is used exclusively for charitable purposes and is not held for private or corporate profit and is exempt from taxation.

It is the opinion of this office that, under Supreme Court Rule 32.03, the sheriff is permitted but not required to admit a defendant to bail in the amount specified on the warrant.

When city library district with tax rate of ½ mill, and county library district, with rate of one mill, are to be merged under provisions of Section 182.040, Cum. ., 1957, equalization of tax rates before districts can be merged is not required.

A corporation seeking dissolution under Section 351.460, 1949, may be permitted to dissolve without compliance with Sections 351.125 and 351.135, 1949, if the corporation has not registered and made the affidavit required by these sections.

Missouri Division of Employment Security’s certificates of assessment showing amount of employers’ delinquent contributions, interest and penalties under Section 288.170, Sum. . 1957, shall be filed and recorded by circuit clerk without payment of his fees in advance. When filing and recording fees for certificates are unpaid at time circuit clerk’s accounts are audited by state auditor, clerk cannot legally be found liable to county for uncollected fees, if he has charged for and reported same to county court as provided by Sections 483.550 and 483.555, 1949.

Responsibility for payment of the cost of maintenance and care of an indigent resident of Missouri transferred to a Missouri State Hospital from another state where the Missouri county of residence is determinable rests upon such county; that where such county of residence cannot be determined, the cost of such maintenance is upon the Missouri State Hospital to which such patient has been committed.; Where a nonresident of Missouri is accepted under the provision of the Interstate Compact on Mental Health for treatment in a Missouri State Hospital that the cost of such care and maintenance should be paid out of appropriations made to the Division of Mental Diseases of the Department of Public Health and Welfare.

Section 57.105, V.A.M.S., requires the sheriff to fingerprint and photograph only those persons taken into custody upon the execution of a warrant of arrest or placed in his custody by a commitment order of a court.

In the event of an invalid tax sale, a county would not be obligated or liable for any amounts in excess of a refund of the purchase moneys plus interest.

Section 476.270, 1949, is the authorization for the payment of the three dollars allowed to a sheriff of a third class county for his attendance in a court of record or a criminal court, which may be retained by the said sheriff from the treasury of the county in which the court is held.

Incorporated towns or villages have, by the terms of Section 80.090, 1949, the power of eminent domain to condemn land for the purpose of location and laying out of streets. Section 71.340, 1949, does not grant any powers of eminent domain, nor does it extend the powers granted under Section 80.090, outside the corporate limits of the town or village.

In civil cases wherein a change of venue has been granted the county to which the venue has been changed is liable for duly authorized jury fees over and above the amounts which are taxed as costs and collected from the unsuccessful party.

A portion of Section 165.667 1949, disqualifying member of county board of education who changes his residence to same municipal township or school district in which another board member resides, strictly construed. It has no application to board member who has not changed residence, but because of reorganization of smaller pre-existing school districts to form larger district with extended boundaries, member’s residence is located in same school district as that of another member, former member not disqualified and will continue to serve remainder of term.

With the permission of the land owners within the Birmingham Drainage District, and with the permission of land owners immediately outside of the Birmingham Drainage District, which are adjacent to the river side of the levee, the Board of Supervisors of the Birmingham Drainage District may expend funds in their hands for the eradication of Johnson grass.

Penalties under fertilizer law assessed on basis of monetary value of deficient nutrients. Treble penalty cannot be assessed when penalty is paid to purchaser.

St. Louis Board of Police Commissioners may discontinue the use of state house if it deems it is no longer needed in the administration of police matters in the particular police district.

State Park Board is not authorized to enter into privately negotiated option agreement for sale of revenue bonds.

When state aid is given a municipality to acquire a site, construct and place its memorial airfield in operation under Section 305.230 1949, said municipality has no obligation to State of Missouri to continue operation of airfield for any definite period of time, but may dispose of same. Section 305.230 imposes no duty on municipality to reimburse state for prior grant of aid out of proceeds of airfield sale.

Section 137.117, , requires that the county recorder furnish a description of property conveyed in terms of sections or fractional parts of sections, or by subdivisions, lots or parcels where subdivided into such unit and plat is duly recorded. If description cannot be furnished on the basis of these units then the recorder must furnish the assessor with a description which will enable the assessor to locate the property. The description furnished must contain the number of acres transferred when it is given in the instrument, together with the names of the grantor and grantee, the consideration paid and the book and page where the deed is recorded.

A letter to a county court by an authorized officer of a construction company, offering to do certain work for the county for the actual cost of labor and materials plus 10%, and an entry made subsequent to the receipt of such letter by the county court accepting such offer, sufficiently constitute a written contract to comply with that requirement of Section 432.070, 1949, that such contracts “shall be in writing.”