1962 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
3-62 Jan 10 INHERITANCE TAX WAIVERS. The decision of the Missouri Supreme Court in the case of Estate of Osterloh v. Carpenter does not affect the waiver requirements contained in Section 145.210, M.S.R.
4-62 Feb 21 Opinion letter to the Honorable James P. Landis
5-62 Jan 5 JUVENILE OFFICERS.
DEPUTY JUVENILE OFFICERS.
COMPENSATION.
1. It is mandatory that the judge of a judicial circuit comprised of third and fourth class counties appoint a juvenile officer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits.
2. It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made.
3. A deputy juvenile officer, although appointed for an entire circuit, may be designated to serve one specific county within a judicial circuit at the exclusive discretion, and under the direction and control of the juvenile court for the circuit.
4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit according to their population, regardless of how or where such deputies are directed to serve by the court.
7-62 June 6 INCOME TAX. In the interpretation of the meaning of “gross income” as used in Section 143.170, the term should be limited to “income” as defined in Section 143.100.
8-62 Mar 15 WITHDRAWN
10-62 Apr 11 VOTERS.
REGISTRATION OF VOTERS.
A registered voter in Class II, III and IV counties whose name is changed must reregister in order to vote. Such person may reregister at any time. County Clerk shall not cancel or reinstate any registration within five days prior to election except by order of Circuit Court.
11-62 Apr 18 LIBRARY.
CITY LIBRARY.
COUNTY LIBRARY DISTRICTS.
County Library Districts and City Libraries established under Chapter 182 RS 1959 are required to prepare annual budgets under the provisions of Chapter 67 Cum. Supp. 1961.
15-62 Feb 16 CIGARETTE TAX. Cigarette tax paid by wholesaler on cigarettes sold by him and later returned may be refunded to wholesaler in certain circumstances.
17-62 Mar 1 Opinion letter to the Honorable Joe H. Miller
18-62 Mar 22 ELECTIONS.
CITIES, TOWNS AND VILLAGES.
MUNICIPAL CORPORATIONS.
CONSTITUTIONAL LAW.
No election may be held in the City of Hannibal to name city officials on a partisan basis pursuant to the charter amendment of August 22, 1961, prior to the second Tuesday in April, 1963, the next regular election date.
19-62 Mar 26 Opinion letter to the Honorable Stephen E. Strom
20-62 Apr 2 WITHDRAWN
21-62 Feb 21 COUNTY TREASURERS.
COUNTIES.
COMPENSATION.
County treasurers in class 3 and 4 counties under township organization are entitled to compensation as provided under Section 54.275, RSMo 1959, in addition to compensation they are entitled to receive under Section 54.320, RSMo 1959.
22-62 Mar 27 SCHOOLS.
SCHOOL BOARDS.
VACCINATIONS.
PHYSICIANS.
PHYSICAL EXAMINATIONS.
DENTISTS.
DENTAL EXAMINATIONS. SCHOOL COURSES.
(1) School boards may make rules and regulations requiring compulsory vaccination only where there is a threat of epidemic or an actual epidemic. (2) School boards may make rules and regulations requiring tuberculosis and general physical tests by a physician to determine existence of contagious or infectious diseases. (3) School boards may not require a dental examination by a dentist as a prerequisite to attendance in school, because a dentist is not a physician. (4) A school board may require a child in secondary school to take certain health courses as prerequisites to graduation.
23-62 Jan 26 COUNTY PLANNING COMMISSION. COUNTIES OF THIRD AND FOURTH CLASS. Areas within a municipality that has not enacted a city plan should be included in the county master plan.
24-62 Feb 8 COUNTY COURT.
COUNTY CLERK.
PAYMENT OF WARRANTS. COUNTY RECORDS.
A contract made with a county court for services to be rendered the county must be in writing subscribed by the parties thereto with the consideration state therein and entered on the records of the county court.
26-62 Mar 19 CORPORATIONS.
NON-VOTING COMMON STOCK.
CONSTITUTIONAL LAW.
CONSTRUCTION OF CONSTITUTION.
A Missouri Corporation under or subject to the General and Business Corporation Law may validly issue a class of non-voting common stock. The issuance of such non-voting common stock is not in violation of Article XI, Section 6 of the Constitution or of any statutory provision.
28-62 Mar 30 PUBLIC SCHOOL RETIREMENT SYSTEM.
TEACHERS’ RETIREMENT SYSTEM.
CONTRIBUTIONS.
BENEFITS.
Refund or withdrawal of accumulated contributions in teachers’ Retirement System are not included in the term “monetary benefits” as used in paragraph 9 of Section 169.070, RSMo, Cum. Supp. 1961.
29-62 Mar 6 MOTOR VEHICLES. TRUCKS. The driver of a truck or bus may not be charged with a crime of violation of either Sec. 304.017 or Sec. 304.044.2 when following a vehicle other than another truck or bus.
30-62 Jan 19 COLLECTOR OF REVENUE.
COUNTIES.
COUNTY OFFICES.
Requirement that county provide facilities and items enumerated in Section 49.510 should prevail over requirement of Section 52.270 that collectors in counties included in classification of Section 52.260(14) should pay expenses of his office and other costs of collecting the revenue, as to items and facilities enumerated in 49.510.
31-62 Apr 4 SALARIES AND FEE.
MAGISTRATE FEE.
MAGISTRATE COURT FEE.
FIRST CLASS COUNTIES.
WHEN COLLECTABLE.
1. Sec. 66.110, RSMo 1959, providing for a fee of two dollars and fifty cents in each case involving violation of a county ordinance, is applicable to St. Louis County magistrate courts. Said fee shall be collected in each county ordinance case instituted in any magistrate court of such county. 2. Sec. 483.610, RSMo 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any magistrate court, is applicable to St. Louis County magistrate courts. Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec. 482.250 RSMo Cum. Supp. 1961, applies in cases other than criminal proceedings and cases involving county ordinances. The fee provided for in the section is collected by magistrate courts of St. Louis County only in such cases.
33-62 Jan 12 WITHDRAWN
36-62 Jan 18 SAVINGS AND LOAN ASSOCIATIONS. Savings and loan associations subject to provisions of Chapter 369 RSMo 1959 have no express or implied power to service loan agreements of business corporation which effect the collection of loan contracts which the business corporation was instrumental in effecting between borrower and lender, when such loan contracts at no time become the property of the savings and loan association.
37-62 June 15 Opinion letter to Mr. John A. Hailey
38-62 Feb 15 MOTOR VEHICLES.
BICYCLES.
MOTORCYCLES.
DEPT. OF REVENUE.
LICENSES.
A motor-power-assisted bicycle that is capable of propelling itself on horizontal planes but not fully capable of propelling itself on upgrades is a motor vehicle, and this is a question of definition under Section 301.010, rather than classification under Section 301.070, RSMo 1959.
39-62 Jan 3 Opinion letter to the Honorable William B. Milfelt
40-62 June 22   WITHDRAWN
42-62 Mar 26 Opinion letter to the Honorable David J. Dixon
44-62 May 10 Opinion letter to the Honorable Ray G. Cowan
47-62 Jan 9 Opinion letter to Mr. Roderic R. Ashby
49-62 Jan 12 TOILETS.
SANITATION.
COSMETOLOGY, BOARD OF.
REGULATIONS.
ADMINISTRATIVE LAW.
The power to adopt sanitary rules as set forth in Section 329.210, RSMo 1959, does not confer upon the State Board of Cosmetology the authority to require establishments coming within its jurisdiction to install toilet facilities.
51-62 Jan 18 RETIREMENT.
STATE RETIREMENT SYSTEM.
STATE EMPLOYEES.
UNIVERSITY OF MISSOURI.
University of Missouri may amend its Retirement Plan to include its employees who are members of the State Employees’ Retirement System, and thereby terminate their membership in the State System.
The University Retirement Plan may allow an employee, who is a member of the State Employees’ Retirement System, to elect on the date he would otherwise become a member of the University Retirement Plan, to remain in the State Employees’ Retirement System.
52-62 Mar 2 STATE RETIREMENT SYSTEM.
LEGISLATURE.
RETIREMENT.
On or after October 13, 1961, a member of the Missouri Employees’ Retirement System who retires after his 65th birthday with six years’ service as a member of the general assembly is entitled to a minimum annuity of $25.00 per month per term.
53-62 Apr 11 BUDGETS.
POLITICAL SUBDIVISIONS.
Political subdivisions referred to in Chapter 67, RSMo Cum. Supp. 1961, making expenditures without full compliance with such law causes those expenditures to be illegal.
55-62 Jan 25 TAXATION OF PERSONAL PROPERTY.
ASSESSOR.
CITY OF ST. LOUIS.
Tangible personal property located in the City of St. Louis, owned by a resident of another county, must be assessed in the county where the owner resides and not in the City of St. Louis (except houseboats, cabin cruisers and automobile trailer houses used for lodging).
56-62 Apr 12 TAXATION.
SALES TAX.
PUBLIC SERVICE COMMISSION.
PUBLIC UTILITIES.
A consumer of services sold by utilities is responsible for paying sales tax upon the total amount charged. This obligation is not changed by the utility billing its customers with a basic charge plus a charge for defraying a local license tax – the two charges equaling the total amount paid for the service.
57-62 Feb 15 MAGISTRATES.
BOARD OF ELECTION COMMISSIONERS.
REDISTRICTING MAGISTRATE DISTRICTS. COUNTIES OF SEVENTY TO ONE HUNDRED THOUSAND.
Additional magistrate in Clay County, Missouri authorized by order of Circuit Court under authority of Section 482.010, does not automatically become the second regular magistrate to which the county is now entitled by virtue of its population; effective as of January 1, 1963, there will no longer be any additional magistrate in Clay County; no particular period of residence in the district from which he is elected is required of a magistrate in order to qualify for the office.
58-62 Jan 22 Opinion letter to the Honorable Dan Hale
61-62 Jan 9 Opinion letter to the Honorable Vernon E. Betz
66-62 Jan 10 INSURANCE. Articles of Incorporation of Town and Country Security Life Insurance Company.
67-62 Jan 10 INSURANCE. Articles of Incorporation of Kansas City Casualty Company
71-62 Mar 8 Opinion letter to the Honorable Warren C. Phelps
73-62 Jan 17 Opinion letter to the Honorable Richard E. McFadin
74-62 Feb 21 CONVICTS.
CITIZENSHIP.
NOTARY PUBLIC.
PAROLE.
CRIMINAL LAW.
A person is disqualified from holding the office of notary public if such person has been convicted of forgery in violation of Section 561.011, RSMo. 1959, and such person has been sentenced to imprisonment and granted a judicial parole on the day of conviction and sentence and if said person has not been finally discharged from such judicial parole.
75-62 Mar 8 Opinion letter to the Honorable George H. Morgan
81-62 Jan 18 Opinion letter to the Honorable Anthony D. Pickrell
82-62 Feb 28 MARRIAGES.
MINISTERS.
MARRIAGE LICENSES.
A marriage may not be solemnized in Missouri unless a license for such has been obtained from a proper official in this state; marriages solemnized in Missouri on the basis of a license issued in another state are invalid.
85-62 Mar 5 ELECTIONS.
SCHOOL DISTRICTS.
VOTERS.
POLLING PLACE.
Voters in the school election in the School District of St. Joseph may not vote at a regular polling place for the regular municipal election in the City of St. Joseph, which polling place is outside the limits of the School District of St. Joseph.
87-62 Dec 27 Opinion letter to the Honorable Phil Hauck
88-62 Jan 26 WITHDRAWN
89-62 Feb 6 Opinion letter to the Honorable Don E. Burrell
90-62 July 10 MENTAL DISEASES.
STATE HOSPITAL.
1. Division of Mental Diseases authorized to transfer patient from State Hospital to the Veterans Administration when authorized by Director of Division of Mental Diseases and to pay expenses incurred in making transfer.
2. Employees of Division of Mental Diseases have no authority to return a patient from another state who has escaped from hospital in this state.
93-62 Feb 13 Opinion letter to the Honorable F. Neil Aschemeyer
94-62 Dec 11 WITHDRAWN
95-62 Mar 6 Opinion letter to the Honorable Rolin T. Boulware
96-62 Mar 9 Opinion letter to the Honorable Robert A. Young
97-62 May 28 WITHDRAWN
99-62 Mar 30 CEMETERIES.
CEMETERY ENDOWED CARE FUND LAW.
RELIGIOUS ORGANIZATIONS.
Cemetery Endowed Care Fund Law (Sec. 214.270-214.410, RSMo 1961 Supp.) applies to a religious organization operating a cemetery and which makes occasional sales to persons who are neither members of the organization nor in the immediate families of such members. The fact that the purchasers may be of the same religious faith as the members is wholly irrelevant, inasmuch as the statute contains no such exception.
100-62 Feb 19 Opinion letter to the Honorable Earl R. Blackwell
102-62 June 29 CITIES, TOWNS & VILLAGES.
TAXATION.
PARKS.
RECREATION.
ELECTIONS.
3rd class cities levying 80 cents tax for municipal purposes and 20 cents for park purposes may vote tax levy for recreational purposes. Combined levy for park and recreation not to exceed 20 cents.
103-62 Apr 23 JUNIOR COLLEGE DISTRICTS.
SCHOOLS.
SCHOOL DISTRICTS.
STATE AID.
1. School districts operating junior colleges do not have to meet organizational standards but must meet all other standards before being eligible to receive state junior college aid under Sec. 165.830, RSMo Cum. Supp. 1961.
2. Such school districts are entitled to state junior college aid for the school year from July 1, 1961 to June 30, 1962, with the amount of such aid to be computed on the basis of the number of semester hours completed by all students in such junior college during the preceding year from July 1, 1960 to June 30, 1961.
105-62 July 10 WILLS.
PROBATE COURT.
The Probate Court must keep the original will permanently in its files.
113-62 Mar 19 Opinion letter to the Honorable W. D. Hibler, Jr.
116-62 Mar 1 Opinion letter to the Honorable Norman H. Anderson
119-62 Mar 15 Opinion letter to the Honorable Charles A. Weber
120-62 July 5 Opinion letter to the Honorable Norman H. Anderson
121-62 Feb 20 WITHDRAWN
122-62 Mar 12 Opinion letter to Mr. Charles D. Trigg
123-62 Feb 28 Opinion letter to the Honorable Stephen E. Strom
126-62 Aug 14 Opinion letter to the Honorable Garner L. Moody
132-62 Mar 20 Opinion letter to the Honorable William J. Esely
133-62 Mar 12 INSURANCE. Articles of Incorporation of Continental Security Life Insurance Company.
135-62 Apr 5 INSURANCE. Membership Certificate No. 7799 negotiated by Jimmy Osburn Burial Service Association of Pemiscot County, Missouri, evidences an insurance contract and persons negotiating such agreements without being duly licensed by the State Division of Insurance are amenable to penalties prescribed in Secs. 375.300 and 375.310, RSMo. 1959.
139-62 Aug 20 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL BOARDS.
CONTRACTS.
BIDS.
BIDDING ON CONTRACTS.
PUBLICATION.
ADVERTISING FOR BIDS.
Boards of education of school districts in the state of Missouri are not included within the meaning of the terms “officer or agency of this state” as that term is used in Section 8.250, RSMo 1959.
141-62 July 10 Opinion letter to the Honorable Bill Davenport
142-62 May 25 RECORDER OF DEEDS.
FEES AND SALARIES.
COMPENSATION.
VETERAN’S DISCHARGES.
The recorder in third class counties is required and permitted to furnish only one free copy of a veteran’s discharge on his request to be paid for by the County Court, if such discharge has been recorded, and the recorder is permitted to retain the one 50¢ fee for each discharge so furnished.
144-62 Apr 3 Opinion letter to the Honorable John E. Downs
147-62 Mar 26 Opinion letter to the Honorable Basil V. Jones
148-62 Mar 30 INSURANCE. Articles of Incorporation of Central Allied Life Insurance Company.
150-62 Apr 3 Opinion letter to the Honorable J. R. Eiser
156-62 Apr 18 Opinion letter to Mr. June R. Rose
158-62 Apr 3 WITHDRAWN
159-62 Apr 18 CANDIDATE.
BALLOT.
The “full name” of a candidate appearing on an official ballot may when warranted include prefix “Mrs.” and suffix “Sr.” and “Jr.” but may not use prefix “Dr.” for a doctor included in Section 564.290 RSMo.
161-62 Aug 2 WITHDRAWN
164-62 Apr 13   Opinion letter to the Honorable Warren E. Hearnes
165-62 Apr 5 INSURANCE. Articles of Incorporation of Permanent Life Insurance Company
166-62 May 17 CIRCUIT COURT.
COUNTIES.
JUVENILE OFFICERS.
JUVENILE COURTS.
OFFICE EXPENSES.
Third and fourth class counties, comprising one or more judicial circuits and served by juvenile officials appointed by the Circuit Court, must pay office expenses of said juvenile officials, which are approved by the Circuit Court, by prorating said expenses among the counties served upon a ratio determined by population of the respective counties.
172-62 Apr 19 COLLECTOR, CITY.
COLLECTOR, COUNTY. COUNTIES.
Collector of city of third class responsible for collection of delinquent real estate tax of such city. County collector under no duty to collect delinquent real estate taxes in city of third class.
173-62 June 5 DRIVER’S LICENSE.
INTOXICATION TEST.
A. The refusal of a resident of Missouri to submit to an intoxication test does not constitute a ground for revocation of his driver’s license in this state.
B. The driver’s license of a resident of Missouri cannot be revoked if he is acquitted in another state of an offense committed in another state.
177-62 May 21 JURORS.
CIVIL COSTS.
TAXATION OF JURORS’ FEES.
Section 494.160, RSMo 1959, governs the taxing of jurors’ fees in civil cases in St. Louis County. Section 497.185 has no application whatever to St. Louis County.
179-62 July 6 Opinion letter to the Honorable Stephen E. Strom
181-62 July 31 ELECTIONS.
ELECTION JUDGES.
BALLOT BOXES.
Ballot boxes in third and fourth class counties must be locked in order to comply with the requirements of Section 111.610, RSMo 1959, that they be securely closed and that the election judges are responsible for locking the ballot boxes.
182-62 Sept 12 EXTRADITION.
WRITTEN WAIVER.
WHO MAY TAKE.
Sec. 548.260, RSMo 1959, on waiver of criminal extradition, must be signed and consented to in the presence of a judge as provided in said section and does not authorize police officers to take such waivers from the accused.
183-62 May 2 Opinion letter to the Honorable George H. Pace
184-62 May 1 Opinion letter to the Honorable Lewis B. Hoff
185-62 May 29 TAXATION. Macon Country Club property is not within exemption clauses of Sec. 137.100 RSMo 1959 exempting real and personal property from taxation for state, county or local purposes.
186-62 May 24 CRIMINAL LAW.
MISDEMEANOR.
DRUNKENNESS.
INTOXICATION.
DISORDERLY.
STATUTES.
The disorderly condition and the drunken or intoxicated condition of a defendant must both be plead and proven for a prosecution and conviction under Section 562.260, RSMo 1961, Cumulative Supplement.
188-62 June 7 Opinion letter to the Honorable Stephen E. Strom
189-62 Apr 26   Opinion letter to Mr. V. H. Simon
190-62 May 23 Opinion letter to the Honorable E. J. Cantrell
193-62 July 13 CONSTITUTIONAL LAW.
SPECIAL CHARTER TOWN.
VILLAGE.
MAY BECOME CONSTITUTIONAL CHARTER TOWN AND CONSTITUTIONAL CHARTER VILLAGE WHEN.
Meaning of “city” in Section 19, Article VI, Constitution of Missouri includes town and village. A Special Charter town incorporated prior to 1875 Missouri Constitution, with more than 10,000 population may become constitutional charter town by following procedure of said Section 19, Article VI, Constitution of Missouri. A village having more than 10,000 population may become constitutional charter village by following procedure of above mentioned constitutional provision.
194-62 June 12 INSURANCE. Articles of Incorporation of National Security Life Insurance Company.
196-62 June 22 JUSTICE OF THE PEACE.
MAGISTRATES.
OFFICERS.
VACATING OFFICE.
1. Resignation from the office of justice of the peace served to create a vacancy in the office.
2. A person not a lawyer who had neither served as a justice of the peace for four years prior to nor had been serving as a justice of the peace on the adoption of the 1945 Constitution, cannot qualify to serve in the office of  magistrate.
198-62 May 1 Opinion letter to Charles B. James
199-62 Aug 10 HOURS OF FEMALE EMPLOYMENT.
FEMALE EMPLOYERS.
WORKING HOURS.
The provisions of Section 290.040, RSMo 1959, stating that no female employed by certain named industries shall work more than 9 hours during any one day, or more than 54 hours during any one week, may not be waived by an individual female employee covered thereunder.
200-62 Sept 10 PROSECUTING ATTORNEYS.
ENFORCEMENT OF SUPPORT LAW.
Under Missouri Uniform Reciprocal Enforcement of Support Law, Chapter 454, RSMo 1959, prosecuting attorney has mandatory duty to seek appropriate orders of execution and garnishment when a cause has been forwarded to and docketed in Missouri.
204-62 May 2 Opinion letter to the Honorable Charles A. Powell, Jr.
206-62 Oct 9 INSURANCE. Within described certificate of membership offered by American Health & Welfare Association is a contract of insurance, and offering the same to the public without complying with the insurance laws of Missouri constitutes a violation of Sections 375.300 and 375.310 RSMo 1959.
210-62 June 5 Opinion letter to the Honorable Francis Toohey, Jr.
211-62 May 17 WITHDRAWN
212-62 Sept 5 Opinion letter to the Honorable William B. Milfelt
213-62 June 4 CRIMINAL COSTS.
ACQUITTAL.
INSANE DEFENDANT.
State is liable for costs in capital cases and those in which imprisonment in penitentiary is sole punishment, if the defendant is acquitted, even though the defendant is acquitted on the sole ground of insanity.
216-62 June 13   Opinion letter to the Honorable Clyde F. Portell
217-62 July 25 SCHOOL DISTRICTS.
SCHOOL TEACHER RETIREMENT AGE.
TEACHERS’ FUND.
SUBSTITUTE TEACHER.
Teachers’ salaries must be paid from fund provided in Sec. 165.110, RSMo 1959. In school districts in this state not in cities that have a population of 75,000 or more, teacher is retired July 1 next after attaining age 70 and may thereafter teach only under provisions of Sec. 169.560; school board may not legally pay teacher’s salary from fund provided in Sec. 165.110 past July 1 next after teacher has reached age 70 except under provisions of Sec. 169.560; school board may not legally contract with teacher who is retired by provisions of Sec. 169.060 except under provisions of Sec. 169.560.
218-62 Sept 20 EMPLOYMENT AGENCIES. Frederick Chusid & Company is a private employment agency and required under Section 289.010, RSMo 1959, to be licensed by the state.
220-62 May 21 Opinion letter to the Honorable Edgar J. Keating
222-62 Aug 28 WITHDRAWN
223-62 June 12 Opinion letter to the Honorable John M. Dalton
224-62 June 6 CRIME.
MISDEMEANOR.
LAND.
REAL PROPERTY. FIRE.
An individual who sets a fire on his own land, which spreads to the land of another, may be prosecuted for a misdemeanor under Section 560.585, RSMo 1959, only if he knowingly and negligently permitted said fire to burn uncontrolled on his own land and allowed it to spread to the land of another.
225-62 June 5 Opinion letter to the Honorable Jack L. Clay
228-62 May 24 Opinion letter to the Honorable Shandy A. Stewart
232-62 June 18 Opinion letter to the Honorable Don E. Burrell
236-62 Aug 22 SOCIAL SECURITY.
CITY COLLECTOR.
EMPLOYEE.
The city collector of Jackson, Missouri, is an employee of such city and subject to OASI coverage under the agreement between such city and the State.
249-62 June 26 INSURANCE. Articles of Incorporation of Farm and Home Insurance Company.
251-62 June 12 Opinion letter to Mr. Sidney B. McClanahan
253-62 June 21 Opinion letter to Mr. George H. Morgan
256-62 July 27 LEGISLATIVE DISTRICT COMMITTEE. CONGRESSIONAL DISTRICT COMMITTEE. (1) The committeemen and committeewomen of the several townships and of Ward 21 which are included in whole or in part in a legislative district of Clay County compose the legislative district committee for such legislative district. (2) There is no requirement that either the chairman or vice-chairman of a legislative district committee reside within the legislative district for which he or she is chairman or vice-chairman. (3) The chairman and vice-chairman of the county committee, the chairman and vice-chairman of each of the three legislative districts into which Clay County has been divided and the committeeman and committeewoman elected in the 21st Ward of Kansas City, constituting a part of Clay County, are, by virtue of their election as such, members of the Sixth Congressional District Committee.
261-62 June 26 INSURANCE. Articles of Incorporation of Midwest National Life Insurance Company
262-62 July 11 MOTOR VEHICLES.
HIGHWAY DEPARTMENT.
STATE HIGHWAY DEPARTMENT.
AGRICULTURAL IMPLEMENTS.
ROAD MACHINERY.
ROAD MATERIALS.
PERMIT FOR OPERATION OF MOTOR VEHICLES TEMPORARILY TRANSPORTING.
A hauler regularly transporting motor vehicles carrying agricultural implements or road making machinery or road materials must obtain permit if dimensions exceed statutory authorization. No permit required for such hauler not regularly engaged in such transporting.
263-62 Sept 17 Opinion letter to the Honorable John Hosmer
264-62 July 5 Opinion letter to the Honorable Stewart E. Tatum
266-62 July 5 CONSTITUTIONAL AMENDMENT.
ST. LOUIS BOROUGH PLAN.
BOROUGH PLAN.
Ballot title for constitutional amendment by initiative petition relating to the so-called Borough Plan uniting the City of St. Louis and St. Louis County to be submitted to the voters on November 6, 1962.
267-62 July 6 Opinion letter to the Honorable George H. Morgan
270-62 Nov 13 JUVENILES. JUVENILE COURTS.
TRAINING SCHOOLS.
BOARD OF TRAINING SCHOOLS.
MINORS.
CHILDREN.
PARENTAL RIGHTS.
SERVICE.
Juvenile court cannot commit boy over 17 to State Training School even if child is under jurisdiction of court. Juvenile court may exercise jurisdiction over child for violation of law when child has been paroled by State Board of Training Schools. After filing a petition for termination of parental rights, parents must be notified of right to counsel, and counsel appointed if parents cannot employ same. Parents in federal prisons outside Missouri summoned by mail or personal service as provided in Sec. 506.160.
271-62 Oct 18 GUARDIANS.
INCOMPETENTS.
PROBATE COURTS.
(1) Upon the death, removal or resignation of a guardian of an incompetent it is not necessary to have a second application and a rehearing on the question of competency in order to appoint a successor guardian. (2) Confinement in a state mental hospital does not constitute an adjudication of incompetency which will authorize the appointment of a guardian.
280-62 Nov 13 PUBLIC IMPROVEMENTS.
GASOLINE TAX.
ORDINANCES.
CITIES, TOWNS AND VILLAGES.
STREETS.
HIGHWAYS.
City Councils of third class cities may delegate authority to their street committees to determine which streets are to be repaired with gas tax funds. Substantial public improvements can only be made through the enactment of city ordinances.
281-62 Aug 24 Opinion letter to Mr. June R. Rose
288-62 Sept 12 Opinion letter to Mr. William A. Geary, Jr.
289-62 July 27 ELECTIONS.
SUFFRAGE.
VOTER REGISTRATION.
PRIMARY ELECTIONS.
GENERAL ELECTIONS.
The 29th day prior to any general or primary election day is last day for valid registration for such election; persons registering after 29th day and before election day may not vote in election but are properly registered for next election. County Clerk should withhold registration cards of late registrants until day after election immediately following 28-day period and then place in proper binders.
291-62 July 27 Opinion letter to the Honorable Thomas D. Graham
292-62 Aug 9 Opinion letter to the Honorable J. R. Fritz
297-62 Aug 1 Opinion letter to Dr. George A. Ulett
298-62 Aug 6 Opinion letter to the Honorable William H. Frye
302-62 Oct 5 Opinion letter to the Honorable Stephen E. Strom
306-62 Aug 10 Opinion letter to the Honorable Bernard W. Gorman
309-62 Oct 1 Opinion letter to the Honorable Warren E. Hearnes
312-62 Sept 25 WITHDRAWN
315-62 Nov 2 Opinion letter to the Honorable John A. Honssinger
321-62 Sept 21   Opinion letter to the Honorable William H. Bruce, Jr.
327-62 Oct 5   Opinion letter to Mr. Lawrence A. Schneider
328-62 Sept 13 VILLAGES.
CHAIRMAN.
VOTE.
BOARD OF TRUSTEES.
In filling vacancies on the board the chairman of the Board of Trustees of the Village of Bel-Ridge has no vote unless there is a tie.
329-62 Sept 27 FIRE PROTECTION DISTRICTS.
MUNICIPAL CORPORATIONS.
TAXATION.
MUNICIPALITY.
The board of directors of a fire protection district in a county of the first class has the power to provide for the pensioning of the salaried members of its organized fire department of the district if such authority is approved as provided for in Section 321.220 (15), RSMo Supp. 1961, H.B. No. 12, Section 1, 71st General Assembly, and that by reason of Section 321.240, RSMo 1959, the rate of tax levy for such district’s operation costs to include “a pension and retirement plan” “shall not exceed thirty cents on the one hundred dollars valuation.”
332-62 Dec 13 INHERITANCE TAX.
ESTATES.
TRUSTS.
When a testamentary trust is created giving the beneficiary the income for life and the general testamentary power of appointment over the remainder, then the beneficiary is only subject to an inheritance tax valued upon the life estate created. The assessment of tax against the remainder is postponed until the exercise or non-exercise of the power of appointment.
336-62 Sept 19 SHERIFFS.
ELECTIONS.
NOMINATION TO FILL VACANCY. PARTY COMMITTEES.
1. An election to fill the vacancy in sheriff's office in Randolph County, Missouri, due to death of sheriff on September 4, 1962, must be held at the time of the general election in November, 1962.
2. The person elected as sheriff can qualify and assume his duties immediately after the election.
3. Each party county committee has authority to nominate a person on its party ticket to run for sheriff.
4. The names of the nominees selected by the county party committees must be on the regular general election ballot.
337-62 Sept 20 Opinion letter to the Honorable William J. Esely
340-62 Oct 16 COUNTY OFFICERS.
COUNTY CLASSIFICATION.
SALARIES, FEES AND COMPENSATION.
1. The question of whether Taney County shall become a county of the third class should not be submitted to a vote of the people of Taney County at the general election on November 6, 1962.
2. The effective date of the change in salary for officials of Taney County is the first day of the year of incumbency of such officials which coincides with or is subsequent to date of the change in status of Taney County from a fourth class to a third class county, and the effective date of this change in status is January 1, 1963.
342-62 Dec 27 Opinion letter to H. M. Hardwicke, M.D.
343-62 Sept 26 VOTING MACHINES.
BOARD OF ELECTION COMMISSIONERS.
ELECTIONS.
Rental charges for additional voting machines for use in St. Louis County are not required to be paid solely out of bond issue funds.
347-62 Oct 19 Opinion letter to the Honorable Lewis B. Hoff
348-62 Dec 10 Opinion letter to J. P. Russell, M.D.
349-62 Opinion letter to the Honorable John Hosmer
352-62 Oct 9   Opinion letter to the Honorable Paul L. Bell
353-62 Sept 25 WITHDRAWN
356-62 Sept 25   Opinion letter to the Honorable E. J. Cantrell
358-62 Dec 27 COUNTY ZONING.
COUNTY PLANNING COMMISSION.
COUNTIES OF THIRD AND FOURTH CLASS.
The County Zoning Commission has not authority over areas within an incorporated municipality.
360-62 Dec 7 Opinion letter to the Honorable M. E. Morris
365-62 Dec 17 Opinion letter to the Honorable Rufe Scott
367-62 Oct 15 DIVISION OF WELFARE.
WELFARE DEPARTMENT.
SURPLUS COMMODITIES.
Division of Welfare may reimburse City of St. Louis 50% of expenditures incurred by it in issuance of Food Stamps.
368-62 Oct 16 WITHDRAWN
369-62 Oct 15 Opinion letter to the Honorable John F. Hayner
370-62 Dec 21     Opinion letter to the Honorable Robert P. C. Wilson, III
376-62 Oct 16 Opinion letter to Mr. George E. Schaaf
379-62 Oct 18 NOTICE.
PUBLICATION.
BOND ISSUE.
Notice for bond issue in Adair County should be published in a newspaper once during the week of October 21 to October 27, 1962, and once during the week of October 28 to November 3, 1962.
381-62 Dec 5 Opinion letter to Mr. Bernard W. Gorman
382-62 Nov 2 CONSTITUTIONAL LAW.
COMPENSATION.
COUNTY COLLECTORS.
COUNTY OFFICERS.
1. A final declaration that a statute is unconstitutional renders the statute void from the date of its enactment.
2. The result of the decision declaring Section 48.030-2 unconstitutional is that all counties which except for the subdivision would have become third class counties on Jan. 1, 1961, shall be deemed to have become third class counties on that date.
3. Any change in the salary or fees of county officials of Christian, McDonald and Wright counties resulting from the transition shall become effective in 1961 on the date corresponding to the beginning of the term of such officials. Excess fees retained since the first Monday in March, 1961, may be recovered from the county collectors of these counties.
384-62 Oct 31 PROBATION AND PAROLE.
VOTER, QUALIFICATIONS.
JUROR, QUALIFICATIONS.
CIVIL RIGHTS, RESTORATION.
Section 216.355, RSMo 1959, provides for the issuance of a certificate evincing the restoration of all the rights of citizenship by the Board of Probation and Parole to persons convicted of a first felony who are finally discharged from parole. Said section does not entitle any person convicted of more than one felony to such a certificate whether the felony for which he was previously convicted was committed within or without the State of Missouri.
389-62 Oct 29 Opinion letter to the Honorable Joe H. Miller
394-62 Oct 30 Opinion letter to the Honorable A. J. Anderson
395-62 Oct 31 Opinion letter to the Honorable Maurice Schechter
396-62 Dec 13 CRIMINAL COSTS.
SUSPENDED SENTENCE.
PROBATION AND PAROLE.
LIMITATIONS OF CLAIMS AGAINST STATE.
(1) Where imposition of sentence is suspended, state is not liable for costs unless and until defendant is thereafter sentenced to penitentiary.
(2) Costs for which state is liable after final judgment include costs incident to revocation of probation granted when imposition of sentence is suspended.
(3) Liability of state accrues upon final judgment and sentence, even if sentence is imposed more than two years after conviction.
398-62 Dec 20 WITHDRAWN
400-62 Nov 1 Opinion letter to the Honorable Eugene S. Heitman
401-62 Nov 14 Opinion letter to Mr. Francis M. Linek
403-62 Nov 5 GASOLINE TAX.
CITIES, TOWNS AND VILLAGES.
CITY COLLECTOR.
City collectors are not entitled to a commission for any alleged “collection” of gas tax since the State of Missouri collects the tax and has been compensated for such collection.
407-62 Nov 16 Opinion letter to the Honorable Harold L. Miller
409-62 Nov 19 1. Official war ballots mailed prior to naming of nominee for county office by county political committee valid notwithstanding that no name placed on ballot for such office.
2. §112.030 prescribes written application for absentee ballot but absentee ballot procured by oral application not invalid.
3. §112.080, relating to challenging of absentee ballots, not modified by the adoption of §114.220, the local option county registration law.
412-62 Dec 13 Opinion letter to the Honorable T. D. McNeal
413-62 Dec 14 Opinion letter to Dr. George A. Ulett
416-62 Dec 21 WITHDRAWN
420-62 Nov 21 Opinion letter to the Honorable Charles D. Trigg
422-62 Dec 27   Opinion letter to the Honorable William J. Cason
423-62 Dec 13 WITHDRAWN
424-62 Dec 20 INSURANCE. Articles of Incorporation of proposed Old Reliable Fire Insurance Company are legally deficient and may not be certified under Section 379.040, RSMo 1959.
427-62 Dec 27 WITHDRAWN
428-62 Dec 13 Opinion letter to the Honorable Garner L. Moody
429-62 Dec 6 COUNTY SUPERINTENDENT OF SCHOOLS.
ELECTIONS.
SCHOOLS.
VACANCY.
SALARIES AND FEES.
1. The qualified voters of Pemiscot County should elect a county superintendent of schools at the annual district school meeting to be held on the first Tuesday in April, 1963.
2. The State of Missouri will contribute its share of the salary to which the duly elected and qualified county superintendent of schools of Pemiscot County is entitled to statute.
430-62 Dec 27 Opinion letter to Mr. William J. Theurer
435-62 Dec 20 PUBLIC SCHOOL RETIREMENT SYSTEM. Public school retirement system contracts with servicers on FHA secure loans and procedures for handling foreclosures on such loans are proper and are approved.
437-62 Dec 19 Opinion letter to the Honorable Maurice Schechter
438-62 Dec 11 Opinion letter to the Honorable Clyde F. Portell
442-62 Dec 18   Opinion letter to the Honorable Paul E. Williams
443-62 Dec 27 COUNTIES.
COUNTY HEALTH CENTER.
HEALTH CENTER.
ELECTIONS.
VOTES.
Persons receiving highest number of votes in election for county health center trustees are elected, whether their names appear on ballot or whether they are written in by voters. If elected person refuses to accept office, person with next greatest number of votes is not elected; rather, a vacancy exists which is filled by appointment.
445-62 Dec 17 Opinion letter to the Honorable Thomas A. Walsh