1963 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
2-63 Mar 5 PUBLIC RECORDS.
KANSAS CITY POLICE DEPARTMENT.
RIGHT OF INSPECTION.
No right of inspection of public records of the Kansas City Police Department exist either under Sec. 109.180, RSMo 1959, or a common law except for those records expressly required by law to be kept.
5-63 Jan 4 JURORS.
JURIES.
CRIMINAL COSTS.
JURY FEES.
TAXATION OF JURORS’ FEES.
The State is not liable for any jury fees except such as are taxable as costs pursuant to express statutory authorization. Jurors on the regular panel receive $6 per day and mileage; jurors not on the regular panel who serve in a case also receive $6 per day and mileage; and jurors who are summoned in cases described in Sec. 494.120, but do not serve in the trial also receive $6 per day, and also receive mileage if they have traveled at least one mile. No part of such compensation may be taxed as costs. Jurors not on the regular panel who are summoned in all cases other than those described in Sec. 494.120, but do not serve in the trial receive $3 per day, and the fees allowed to such jurors are to be taxed as costs in the cases in which they were summoned.
6-63 Jan 4 Opinion letter to the Honorable Michael Kinney
7-63 Jan 4   Opinion letter to the Honorable Charles D. Trigg
8-63 Jan 4 JURORS.
JURY FEES.
MILEAGE.
Regular jurors who are required to and who actually travel each day for which such mileage is claimed from their place of residence to the courthouse are entitled to mileage as well as per diem for each day of service as such jurors.
10-63 June 14 POINT SYSTEM.
DRIVER’S LICENSE.
DRIVING WHILE INTOXICATED.
FELONY.
CRIMINAL LAW.
MOTOR VEHICLES.
Under Section 302.302.(7), RSMo Cum. Supp. 1961, 12 points may be assessed only in those cases where an individual has been convicted of driving under influence of intoxicating liquors in violation of Sections 564.420, 564.430 and 564.440, RSMo 1959.
11-63 May 29 NURSING HOMES.
BONDS.
TOWNSHIPS.
COUNTIES.
A county is authorized to issue bonds and purchase and nursing home owned and operated by townships within the county. The county may issue bonds for the construction and equipment of additions to the nursing home. The townships have authority to sell the nursing home. The townships are obligated to pay the bonds issued by the townships for the original purchase and construction of the nursing home.
12-63 Feb 5 SCHOOL RECORDS.
MUNICIPAL CORPORATIONS. CONTRACTS.
PUBLIC RECORDS.
RECORDS.
School districts may be termed “Municipal Corporations”. Records and contracts required by statute to be kept by school districts are within the scope and effect of Sections 109.180 and 109.190 RSMo. Cum. Sup. 1961, and are open to inspection at all reasonable times. Records required to be maintained by statute are “public records”.
13-63 Jan 4 Opinion letter to the Honorable John A. Honssinger
16-63 Oct 14 WITHDRAWN
17-63 Jan 22 Opinion letter to the Honorable John A. Honssinger
19-63 Sept 10 WITHDRAWN
20-63 Jan 21 Opinion letter to the Honorable Robert A. Bonney
22-63 Feb 28 NOT FOR PROFIT CORPORATIONS.
CORPORATIONS.
SECRETARY OF STATE.
NAMES.
DISCRETION.
It is the opinion of this office that in a case wherein the Secretary of State determines that the requested name of a Not For Profit Corporation is one so similar to a name previously on file in his office so as to mislead or deceive the general public or persons he may refuse to file such name.
24-63 Feb 5 Opinion letter to the Honorable Edgar J. Keating
25-63 Jan 18 WITHDRAWN
26-63 Jan 30 ESCHEAT.
REAL PROPERTY.
The County Collector may not sell for delinquent taxes land which has escheated to the State in accordance with Section 470.010 RSMo 1959. Title to such property vests in the State immediately upon the death of the former owner and Section 470.060 et seq. merely outlines the formal procedure necessary to secure a judicial determination that the title has in fact vested.
27-63 Jan 24 CREDIT UNIONS. Missouri credit unions are authorized to invest their funds in bonds of school districts.
30-63 Jan 24 OPERATOR’S LICENSE.
MOTOR VEHICLES.
DRIVER’S LICENSE.
Wife and minor children of a person in military service stationed in Missouri who have a valid operator’s license of the state of his residence are not required to obtain an operator’s license from this state.
32-63 Jan 16 Opinion letter to the Honorable Charles G. Hyler
35-63 Apr 12 Opinion letter to the Honorable R. B. Mackey
41-63 Jan 23 WITHDRAWN
42-63 Feb 5 WITHDRAWN
45-63 Jan 7 Opinion letter to the Honorable John M. Dalton
47-63 July 26   WITHDRAWN
49-63 Jan 24 Opinion letter to the Honorable Gerald Kiser
51-63 Jan 4   Opinion letter to the Honorable William W. Hoertel
56-63 Jan 3 Opinion letter to the Honorable L. F. Cottey
59-63 Oct 23 TAXATION.
ASSESSMENTS.
AUTOMOBILES.
PERSONAL PROPERTY.
MOTOR VEHICLES.
LEASED MOTOR VEHICLES.
CORPORATIONS.
Motor vehicles situated or held in Livingston Co. which are owned by a domestic or foreign corporation doing business in this state or which are leased to a corporate lessee doing business in this state or which are leased to an individual residing in Livingston Co., are subject to assessment or taxation in Livingston Co. even though taxes have been paid on such motor vehicle in another state. Such motor vehicles are assessable in Livingston Co. to the corporate lessor doing business in this state or to the corporate lessee doing business in this state or the individual lessee residing in Livingston Co.
62-63 Dec 5 Opinion letter to the Honorable Paul McGhee
63-63 Oct 4 BALLOTS.
ELECTIONS.
VOTERS.
Ballots marked in the proper square with a cross or X mark or a check or V mark are valid.
64-63 Feb 5 BONDS.
COUNTY COLLECTORS.
The bond of the county collector of second class counties shall be fixed as provided in Subsection 1 of Section 52.020, RSMo 1959, within the limits provided in Section 52.380.
65-63 Apr 4 COUNTY HOSPITALS.
APPROPRIATIONS, CANNOT BE REPAID.
$15,068.04 general revenue funds of Ray County for 1956 paid for construction of sewer line of Ray County Memorial Hospital by county court order, not a loan, but an appropriation made for improvement and maintenance of public hospital within meaning of Section 205.230, RSMo 1959. Hospital is unauthorized to repay appropriation to Ray County.
66-63 Apr 8 COUNTIES.
COLLECTORS.
TOWNSHIP ORGANIZATIONS.
FEES AND SALARIES.
COUNTY OFFICERS.
Section 52.270, RSMo 1959, limits the maximum fees and commissions on current taxes to be retained by collectors and ex-officio collectors and is not in conflict with Section 52.260, RSMo 1959.
Section 52.250, RSMo 1959, does not apply to ex-officio collectors.
70-63 May 10 Opinion letter to the Honorable Clarence P. Lehnen
72-63 Apr 3 WITHDRAWN
73-63 Feb 15 SCHOOLS.
SCHOOL TAXES.
City school districts having population of less than 75,000 inhabitants may increase tax rate unlimited in amount not to exceed four years with approval of two-thirds of voters or may increase tax rate not to exceed $3.00 for one year with approval of majority of the voters.
75-63 Jan 24 Opinion letter to the Honorable Don E. Burrell
78-63 Jan 24 PUBLIC ASSISTANCE.
AID TO DEPENDENT CHILDREN.
1) It is not mandatory that the defaulting parent be prosecuted as a condition precedent to the granting of A.D.C. benefits. 2) Support payments or other income should be deducted from the needs of the family as determined by the Division of Welfare and not from the maximum amount payable under Section 208.150.
82-63 Feb 12 Opinion letter to the Honorable Charles B. Faulkner
83-63 May 22 Opinion letter to the Honorable Thomas R. Beveridge
84-63 Mar 29 SCHOOLS.
COMPULSORY SCHOOL ATTENDANCE.
MINORS.
Neither the parents nor the husband of a married child under sixteen years of age have the charge, control or custody of such married child within the meaning of the compulsory school attendance law of Missouri.
85-63 Feb 5 CONSTITUTIONAL LAW.
NON-PARTISAN COURT PLAN.
COURTS.
MAGISTRATES.
PROBATE JUDGES.
ELECTIONS.
ST. LOUIS COUNTY.
CIRCUIT COURTS.
The non-partisan court plan can be extended to St. Louis county and other circuits by statute. Non-partisan court plan can be adopted without including magistrates in such plan. Non-partisan court plan can be adopted without including office of probate judge and ex officio magistrate. Non-partisan court plan can be adopted in St. Louis county without submitting question to voters.
86-63 Feb 6 LOTTERIES.
SALES.
REFERRAL SELLING.
Plan whereby buyer of merchandise received commission on each purchase by persons to whom he refers salesman is a lottery.
87-63 Feb 4 INSURANCE. Articles of Incorporation of Old Reliable Insurance Company.
88-63 Mar 11 Opinion letter to the Honorable J. R. Fritz
89-63 Mar 26 WITHDRAWN
90-63 Mar 22 TAXATION.
CONSOLIDATION OF MUNICIPALITIES.
CITIES, TOWNS AND VILLAGES.
REFUND OF TAXES.
After consolidation of two municipalities, the governing body has no authority to make any distinction, with respect to liability for taxes thereafter levied, between residents of the two former municipalities and may not legally forgive the payment or refund taxes so levied to the residents of one of such former municipalities.
92-63 May 27 Opinion letter to the Honorable Charles G. Hyler
93-63 May 13 Opinion letter to the Honorable Joe R. Ellis
94-63 July 3 CRIMINAL EXTRADITION.
WRITTEN WAIVERS OF.
HABEAS CORPUS APPLICATIONS.
MAGISTRATE COURT MAY TAKE, WHEN.
1. As judge of a court of record, a magistrate may accept; written waiver of criminal extradition, when the accused executes or subscribes waiver in presence of magistrate, as provided by Section 548.260, RSMo 1959. 2. One arrested on governor’s rendition warrant, when taken before magistrate, in accordance with Section 548.101, RSMo 1959, informs magistrate of desire to test legality of his arrest; magistrate shall fix reasonable time for application for habeas corpus. Application in first instance shall be made to circuit judge of county where accused is in custody, as provided by Section 532.030, RSMo 1959. If circuit judge is out of county and statement of unavailability of such judge is in application, such application may then be made to a magistrate of same county, who shall determine if habeas corpus shall or shall not be issued.
95-63 Oct 3 INCOME TAX. BANK TAX.
NATIONAL BANKS.
DIVIDEND CREDIT.
The payment of the seven per cent Missouri Bank Tax by a national bank is not a basis for allowing the dividend credit provided in Section 143.180, RSMo 1959.
96-63 Mar 7 Opinion letter to the Honorable Charles D. Trigg
97-63 Apr 3 Opinion letter to the Honorable William J. Cason
101-63 June 10 COUNTIES.
COUNTY COURTS.
COUNTY SURVEYORS.
SURVEYORS.
County Court required to provide office space and supplies to County Surveyor; however, County Court determines adequacy of office and supplies provided.
103-63 Oct 22 COURTS.
JUDGES.
RULE OF NECESSITY.
Judge of police court of a fourth class city must hear case arising out of occurrence which he witnessed where no provision made for substitute judge.
104-63 Feb 15 SCHOOLS.
SCHOOL DISTRICTS.
SPECIAL SCHOOL DISTRICTS.
HANDICAPPED CHILDREN.
ST. LOUIS COUNTY.
INCAPACITATED CHILDREN.
Special school district for handicapped children must provide instructions for every child in school district, either by special school classes or free instruction course. Child may attend classes part-time if superintendent deems child is incapacitated.
109-63 Mar 6 WITHDRAWN
113-63 Feb 28 Opinion letter to the Honorable Stephen H. Zielmann
115-63 Mar 12 COUNTY SUPERINTENDENT OF SCHOOLS.
BALLOTS.
ELECTIONS.
An election must be held in Gasconade County on April 2, 1963 for the office of County Superintendent of Schools and it is the duty of the County Clerk of Gasconade County to cause sufficient ballots to be printed and delivered to the various school districts of the county; and this ballot should contain a place for write-in votes.
117-63 May 3 BARBERS.
BARBER COLLEGES.
BARBER SCHOOLS.
Section 328.120, RSMo 1959, requires that there be one instructor directly supervising the practical training of not more than ten students in a barber school or college.
118-63 May 2 WITHDRAWN
122-63 May 29 Mr. Orville C. Winchell
124-63 Mar 8 INSURANCE. Proceedings of board of directors of Shield Life and Accident Insurance Company, changing from stipulated premium life insurance company to regular life insurance company are in acceptable legal form.
126-63 Mar 21 Opinion letter to the Honorable Tom Baker
127-63 Mar 13 Opinion letter to the Honorable George H. Pace
128-63 June 5 Opinion letter to the Honorable Frank Conley
137-63 July 29 COUNTIES.
COLLECTORS.
COMPENSATION.
STATUTES.
At no time during the term of office of the county collectors within the classification of Subdivision (14), Section 52.260, which collectors took office in March, 1959, for a four year term, were such collectors obliged to deduct from their commissions expenditures for office space, office equipment or supplies.
139-63 Mar 22 Opinion letter to the Honorable Vance R. Frick
140-63 Apr 1 Opinion letter to the Honorable Paul Boone
143-63 Mar 14 Opinion letter to the Honorable Don E. Burrell
152-63 May 3 Opinion letter to the Honorable James A. Dunn
153-63 May 3 Opinion letter to the Honorable Don Owens
156-63 Apr 9 Opinion letter to the Honorable Daniel V. O’Brien
157-63 June 25 RELIGION.
SCHOOLS.
CONSTITUTIONAL LAW.
TEACHING OF RELIGION.
STATE COLLEGES.
It is permissible for regular faculty members to teach academic courses about religion as a part of the curriculum of a state supported college.
158-63 Apr 9 BANKS AND BANKING. The words “another community” found in Sections 362.325 and 363.520 RSMo 1959, relating to change in location of an existing bank or trust company, do not refer to definite boundaries of political subdivisions, but refer to a community of people or interests, banking interests or banking facilities, and such fact issue is to be determined by employing procedures outlined in such statutes.
159-63 Apr 11 Opinion letter to the Honorable Floyd L. Sperry, Jr.
162-63 May 10 Opinion letter to the Honorable Jack L. Clay
163-63 July 19 COUNTY DEPOSITARIES. Section 110.130, RSMo 1959, does not require county depositaries to be located within the county seat.
167-63 Apr 19 COMPATIBILITY OF OFFICES.
OFFICERS.
CITIES OF FOURTH CLASS ALDERMAN.
In cities of the fourth class one individual cannot serve simultaneously as alderman and as collector.
169-63 June 6 AID TO DEPENDENT CHILDREN BENEFITS.
COURT RECORDS.
INSPECTION OF PUBLIC RECORDS.
1. Division of Welfare may grant A.D.C. benefits when parent is paroled with provision that he support his children.
2. The records of the St. Louis Court of Criminal Corrections concerning paroles are public records and open to public inspection.
170-63 Apr 19 Opinion letter to the Honorable Charles G. Hyler
171-63 Apr 23 LEGISLATION.
CONSTITUTIONAL LAW.
MOTOR VEHICLES.
TRUCKS.
The emergency clause appended to H.B. No. 83, 72nd General Assembly (which is an act to increase truck weight limits and registration fees), is invalid since said act is not “necessary for the immediate preservation of the public peace, health or safety,” as provided in Section 52, Article III, Missouri Constitution.
172-63 May 24 CITIES OF FOURTH CLASS.
OFFICERS.
Marshal elected in April, 1963, in Fourth Class City of Grandview, Missouri, may not serve or be paid an additional salary as a patrolman member of the police department of such city. Such offices incompatible due to fact that office of patrolman is subordinate and accountable to office of marshal. Such marshal may not be paid an additional salary as chief of police.
174-63 Apr 18 INSURANCE. Articles of Incorporation of General Life of Missouri Insurance Company
175-63 Apr 12 Opinion letter to the Honorable Hubert Wheeler
176-63 July 26   Opinion letter to the Honorable R. J. King, Jr.
177-63 Dec 20 WITHDRAWN
178-63 Oct 11 Opinion letter to the Honorable Charles D. Trigg
181-63 June 17 COUNTIES. COUNTY COURTS.
PLANNING COMMISSIONS.
ZONING COMMISSIONS. PLANNING AND ZONING COMMISSIONS.
County planning commission not authorized to issue building permits. Such permits must be issued by enforcement officer appointed by county court after county court adopts zoning order.
183-63 Apr 29 Opinion letter to the Honorable Peter J. J. Rabbitt
185-63 Nov 27 LIBRARIES.
COUNTY LIBRARIES.
COUNTY LIBRARY DISTRICTS.
STATE AID.
Persons residing on Federal military bases within the boundaries of county library district are residents of such district entitled to library services and are to be counted in determining county library district population for purposes of state aid.
186-63 May 15 LIEUTENANT GOVERNOR.
GENERAL ASSEMBLY.
STATUTES.
Section 26.020, RSMo 1959, does not prohibit Lieutenant Governor from employing two secretaries.
188-63 July 24 ASSESSORS (CITY AND TOWNSHIP).
TOWNSHIP ORGANIZATION.
CITY COUNCILMAN.
THIRD CLASS CITIES.
COUNTIES.
1. The offices of city assessor and city councilman in a third class city are incompatible and one person may not hold both of said offices simultaneously.
2. The offices of city assessor in a third class city and township clerk, ex officio assessor, in a township organizational county of the third class are not incompatible nor is there any statutory or constitutional prohibition against one person holding both offices and therefore one person may hold both offices simultaneously.
191-63 May 23 Opinion letter to the Honorable Charles P. Moll
199-63 June 12 Opinion letter to the Honorable Herman G. Kill
202-63 July 29   Opinion letter to the Honorable R. B. Mackey
203-63 Aug 26 Opinion letter to Mr. Paul C. Martin
205-63 June 14   Opinion letter to the Honorable Milton Carpenter
206-63 May 9 Opinion letter to the Honorable William J. Esely
207-63 June 21 MAGISTRATE COURTS.
COUNSEL, APPOINTMENT.
MISDEMEANORS. INDIGENTS.
1. Magistrate courts of this state have the power to appoint counsel to represent indigent defendants accused of misdemeanors.
2. Counsel must be appointed in all misdemeanor cases of more than minor significance and in all cases where prejudice might result.
3. No plea of guilty to a misdemeanor charge may be taken in the absence of counsel unless the accused has intelligently waived his right to be represented by counsel.
208-63 June 19 Opinion letter to State Tax Commission of Missouri
209-63 May 15   Opinion letter to Mr. Lue C. Lozier
210-63 May 14 CITIES, TOWNS, VILLAGES.
SPECIAL CHARTER CITIES.
CONSTITUTIONAL LAW.
GENERAL ASSEMBLY.
LEGISLATURE.
CITY CHARTERS.
AMENDMENT OF CITY CHARTERS.
Legislature may have authority to provide for amendment for charter of special charter city by vote.
211-63 Sept 5 SALES TAX.
MOTOR VEHICLE USE TAX.
MOTOR VEHICLES.
TRAILERS.
HOUSE TRAILERS.
MOBILE HOMES.
Sales of mobile homes at retail are sales tax transactions and the seller or mobile home dealer is required to collect and remit the sales tax to the Director of Revenue. If a purchaser wishes to use his trailer on the highways of Missouri, he must register the trailer and obtain a certificate of ownership. When he applies for his title, the purchaser is required to show satisfactory proof of sales tax having been previously paid.
213-63 May 15 CITIES.
COUNTIES.
MUNICIPALITIES.
POLITICAL SUBDIVISIONS.
CO-OPERATION BETWEEN POLITICAL SUBDIVISIONS.
Article VI, Sec. 16, Constitution of Missouri, authorizes enactment of a law permitting one municipality to contract with another to furnish police services; but does not authorize enactment of a law permitting a contract for municipal judicial service.
215-63 Aug 21 Opinion letter to the Honorable R. G. Mackey
219-63 May 24   Opinion letter to the Honorable Granvil B. Vaughan
221-63 Dec 3 Opinion letter to the Honorable J. R. Eiser
226-63 June 20 STATUTE OF LIMITATIONS.
MISDEMEANOR.
CRIMINAL LAW.
INDICTMENTS.
INFORMATIONS.
WARRANTS.
1. Under Section 541.210 an information or indictment in a misdemeanor must be filed within one year after the commission of the offense but service of the warrant on the defendant within one year is not required. 2. Under Section 541.220, RSMo 1959, the one year statute of limitations imposed by Section 541.210, RSMo 1959, is tolled during the period that the defendant has left the state or concealed himself within the state in order to avoid prosecution.
228-63 May 24 INSURANCE. Articles of Incorporation of The Frontier Life Insurance Company
229-63 May 24 INSURANCE. Articles of Incorporation of Jefferson Life Insurance Company
233-63 May 28 INSURANCE. Articles of Incorporation of Vico Insurance Company
234-63 May 28 INSURANCE. Articles of Incorporation of Mark Twain Life Insurance Company
236-63 Sept 9 Opinion letter to the Honorable Walter J. Meyer
240-63 Sept 3 COUNTY HOSPITALS.
COUNTY COURTS.
WARRANTS.
The single monthly voucher permitted in Section 205.190(4) to obtain a warrant for payment of county hospital expenses must be properly authenticated and contain information showing that the claims to be paid are for purposes within the control of the hospital board and within the statute, but need not contain further detailed description of the individual claims to be paid.
245-63 June 17 Opinion letter to the Honorable Charles B. Faulkner
247-63 June 24 TAXATION.
CITIES, TOWNS, AND VILLAGES.
A village is subject to constitutional limitations and to specific statutory limitations on its power and authority to levy taxes.
249-63 June 11 Opinion letter to the Honorable Wendell D. Rosenbaugh
251-63 Aug 29 DRAINAGE DISTRICTS. Substantial changes in plan for reclamation must be effected by the procedures set out in Section 242.310, RSMo 1959.
253-63 Aug 15 COUNTY JUDGES.
EXPENSE PAYMENTS TO COUNTY JUDGES.
Mileage traveled by county court judges from their homes to a place of assembly to tour the county on a road inspection in one automobile is “necessary” travel on “official business” within the meaning of Section 49.120, and the judges are entitled to the reimbursement therefor.
255-63 June 27 Opinion letter to the Honorable Bill D. Burlison
256-63 Oct 4 RECORDS.
PUBLIC RECORDS.
DESTRUCTION OF RECORDS.
Definition of public records and procedures for microfilming and destruction.
258-63 Nov 4 MISSOURI STATE HIGHWAY PATROL.
MUNICIPALITIES.
POLITICAL SUBDIVISIONS.
COOPERATION BETWEEN POLITICAL SUBDIVISIONS.
(1) Section 70.220, RSMo 1959, authorizes a municipality to enter into a contract with another municipal city or political subdivision for common police protection in accordance with the provisions of Sections 70.210 through 70.325.
(2) Section 70.220 requires that a state agency be authorized to enter into such a contract and to date the Highway Patrol has not received such authorization from the Legislature.
259-63 June 25 Opinion letter to the Honorable Don W. Owensby
265-63 Sept 17 Opinion letter to the Honorable Charles D. Trigg
266-63 Nov 27 WITHDRAWN
267-63 Oct 17 Opinion letter to the Honorable Robert B. Mackey
269-63 July 8 Opinion letter to the Honorable Carroll J. Donohue
270-63 June 27 Opinion letter to the Honorable A. Basey Vanlandingham
271-63 Aug 23 CORONERS.
DEAD BODIES.
PERSONAL PROPERTY.
MORGUES.
As it relates to the Coroner of Jackson County, Sec. 58.260 spells out the scope of the coroner’s authority in violence or casualty cases, excepting homicide and abortion cases. Sec. 58.451 spells out the somewhat broader scope of authority of the Coroner of Jackson County in homicide and abortion cases.
Sec. 58.240 does not apply to the City of Kansas City. Temporary custody of property at the scene or on the body is to be taken by the sheriff or police, except in the limited case in which the coroner calls an inquest, in which event the coroner takes custody only of the property found on the body.
272-63 Sept 5 Opinion letter to the Honorable Lewis B. Hoff
274-63 June 27 WITHDRAWN
275-63 Aug 7 MAGISTRATES. DEPUTIES.
COMPENSATION.
COUNTIES.
COUNTY COURTS.
Where a magistrate whose office is created by order of the circuit court appoints a deputy clerk or other employee and fixes the salary within statutory limits, county court must pay such salary and may not reduce it.
276-63 June 25 SHERIFFS.
VACANCIES.
ELECTIONS.
QUO WARRANTO.
REMOVAL FROM OFFICE.
Sheriff removed from office by quo warranto proceedings not eligible to be candidate for election to fill vacancy caused by such ouster.
277-63 Aug 7 Opinion letter to the Honorable Don F. Whitcraft
279-63 Aug 26 Opinion letter to the Honorable Edwin W. Mills
280-63 July 18 Opinion letter to the Honorable Ronald Belt
281-63 Oct 2 LICENSES.
EMPLOYMENT AGENCIES.
Baker Employment Agency, Danville, Illinois, is not required to secure a license as such from the State Division of Industrial Inspection.
282-63 July 17 INSURANCE. Articles of Incorporation of Family Security Life Insurance Company.
283-63 Sept 10 COUNTY COLLECTOR.
TRAVEL EXPENSES.
MILEAGE.
Collector of county of second class may receive reimbursement from county court for reasonable travel expenses actually and necessarily incurred in carrying out the official duties imposed by Sections 139.080 and 150.110, RSMo 1959.
284-63 Oct 14 SCHOOLS.
SCHOOL DISTRICTS.
QUORUM.
SCHOOL BOARDS.
VACANCIES.
1. When a vacancy occurs on the board of a six-director school board, a quorum of at least four members is necessary to fill the vacancy.
2. When two members of the board absented themselves for the purpose of preventing a quorum during the course of the meeting, the vacancy was legally filled by three members who remained.
285-63 Aug 26 Opinion letter to the Honorable Marvin L. Dinger
286-63 July 10 Opinion letter to the Honorable James E. Godfrey
293-63 Oct 1 DIVISION OF INDUSTRIAL INSPECTION.
EMPLOYMENT AGENCIES.
LICENSES.
Grant Cooper and Associates is operating or conducting an employment agency and is required to be licensed by the Division of Industrial Inspections.
295-63 Aug 16 TAXATION.
AIRLINE COMPANIES.
COUNTY COLLECTOR.
CITY COLLECTOR.
CONSTITUTIONAL CHARTER CITIES.
Taxes levied by constitutional charter cities on locally assessed real and personal property of airline companies are to be entered in the city tax books and collected by the city collectors.
296-63 Oct 17 SAFETY RESPONSIBILITY.
MOTOR VEHICLE SAFETY RESPONSIBILITY.
A judgment-creditor need not proceed against the surety bond, given by the judgment-debtor as proof of financial responsibility before the Director can suspend the license and registration of said judgment is deemed satisfied when the amounts and conditions of payment have been met in Section 303.120, RSMo 1959.
298-63 Sept 9 Opinion letter to the Honorable Walter L. Meyer
301-63 Dec 18   Opinion letter to E. V. Nash
303-63 Sept 4 COUNTIES.
COUNTY COLLECTORS.
STATUTES.
COMPENSATION.
CONSTITUTIONAL LAW.
Senate Bill No. 259, 72nd General Assembly becomes effective Oct. 13, 1963. It does not violate Sec. 13, Art. VII, Constitution of Mo., 1945, as to collectors in 1st and 2nd class counties or counties under charter. Collectors in 3rd or 4th class counties which fall into the classification of Subdivision (15) of the bill are, during their current term of office, limited to the compensation authorized by Section 52.270, RSMo 1959.
306-63 Aug 12 COUNTIES.
OFFICERS.
COUNTY COURTS.
COUNTY HEALTH OFFICER.
COUNTY HEALTH CENTER.
In those counties which have a county health center, the county court should appoint the director of the public health center as the county health officer.
307-63 July 24 Opinion letter to the Honorable Michael Kinney
313-63 Nov 1 Opinion letter to the Honorable Harry Keller
315-63 Aug 16 Opinion letter to the Honorable Larry M. Woods
317-63 Aug 12 Opinion letter to the Board of Public Buildings
318-63 Dec 24 DIVISION OF COMMERCE & INDUSTRIAL DEVELOPMENT.
INDUSTRIAL DEVELOPMENT.
MUNICIPAL CORPORATION.
The cities of Clarksville, Bowling Green and Louisiana may cooperate with each other on industrial development projects.
319-63 Aug 15 COUNTIES.
ORDINANCES.
ST. LOUIS COUNTY COUNCIL.
Any ordinance defined as an emergency ordinance under Section 18 of the St. Louis County Charter can only be validly enacted by five (5) affirmative votes of the County Council.
321-63 Sept 9 TAXATION.
FRANCHISE TAX REPORTS.
SECRECY OF TAX RETURNS.
STATE TAX COMMISSION.
INSPECTION OF TAX RETURNS.
Section 147.110, paragraph 3, RSMo 1959, which prohibits the state tax commission, its officers and employees and all other officers and employees of the state from divulging or making known the information contained in a franchise tax report does not prohibit the commission from permitting the taxpayer, acting through a duly authorized officer or agent from inspecting or obtaining a copy of its own report theretofore filed.
322-63 Aug 5 Opinion letter to the Honorable Thomas A. Walsh
327-63 Oct 9 Opinion letter to the Honorable Smith N. Crowe
328-63 Oct 29 Opinion letter to the Honorable Haskel Holman
330-63 Sept 17   Opinion letter to the Honorable Gerald Kiser
333-63 Jan 22 Opinion letter to the Honorable Milton Carpenter, Honorable Charles Trigg, and Honorable Thomas C. Dunne
335-63 Aug 13 EFFECTIVE DATE OF LAWS.
LAWS – EFFECTIVE DATE.
SUNDAY CLOSING.
BLUE LAW.
NUISANCE.
STATUTES.
CRIMINAL LAW.
(1) Effective date of new Sunday Closing law is Oct. 13, 1963 and there exists no reason why it should not be enforced as of that date.
(2) In addition to criminal sanctions imposed by the law, a prosecuting attorney has the authority to seek a civil injunction to enjoin illegal Sunday selling as a public and common nuisance.
(3) A private party may sue to abate such nuisance if he has suffered some peculiar or special injury not common to the general public.
336-63 Aug 20 INSURANCE. Articles of Incorporation of Progressive Security Life Insurance Company.
338-63 Sept 16 COUNTY COLLECTOR.
COUNTY OF THIRD CLASS.
COMMISSIONS.
1) A collector of a county of the third class with a population of over 40,000 is not required by Section 52.120, RSMo 1959, to maintain a branch office.
2) The additional compensation for maintaining such branch office as provided by Section 52.140, RSMo 1959, does not apply to counties of the third class with a population of over 40,000.
339-63 Sept 30 BARBERS.
BOARD OF BARBER EXAMINERS.
ADMINISTRATIVE AGENCIES.
Board of Barber Examiners should permit applicants for registration who do not read or write English to use interpreters during written examination. Board may impose reasonable requirements so as to preserve the integrity of examination.
341-63 Nov 1 CORPORATE EXISTENCE.
FARMERS MUTUAL INSURANCE COMPANY.
MUTUAL INSURANCE COMPANY.
INSURANCE.
REVIVAL OF CHARTERS.
Farmers Mutual Insurance Company may not receive its corporate existence after expiration of charter by limitation.
342-63 Sept 4 Opinion letter to Representative Kenneth J. Rothman
343-63 Sept 20 Opinion letter to the Honorable Lewis B. Hoff
344-63 Sept 19 Opinion letter to the Honorable Joseph T. Conlon, Jr.
349-63 Oct 31 Opinion letter to the Honorable Bill D. Burlison
351-63 Sept 4 Opinion letter to the Honorable John D. Mitchell
352-63 Dec 10 Opinion letter to the Honorable Don F. Whitcraft
353-63 Sept 4 Opinion letter to the Honorable Charles G. Hyler
354-63 Oct 10 Opinion letter to the Honorable Stewart E. Tatum
365-63 Sept 9 Opinion letter to the Honorable Frank L. Mickelson
368-63 Sept 17 COMMITTEEMEN.
WARDS.
COUNTY COURT.
CITIES, TOWNS AND VILLAGES.
CITIES OF THIRD CLASS.
PRECINCT.
BOARD OF ELECTION COMMISSIONERS.
ELECTIONS.
1) The provisions of Section 120.770, RSMo 1959, refer to any city divided into wards if the county court sees fit to divide the township into election districts coincident with the ward boundaries. A village is not a city under the Missouri statutes, therefore the above opinion does not apply to wards of a village.
2) Precincts in third class cities with city manager form of government are deemed wards under 78.540 (6), RSMo 1959, hence the above opinion applies to such precincts.
3) The Board of Election Commissioners of Kansas City, not the County Court of Clay County, is authorized to divide that part of Kansas City in Clay County into wards under Section 117.190, RSMo 1959, in conjunction with Section 117.050, RSMo 1959.
370-63 Nov 7 Opinion letter to the Honorable Frank Conley
371-63 Oct 11 Opinion letter to the Honorable Edwin W. Mills
374-63 Oct 11 RECORDERS.
COUNTIES.
RECORDS.
DEEDS.
1. Mailing address of grantee or one of the grantees must be placed upon all deeds except deeds of trust or of easement or of right-of-way conveying any lands or tenements.
2. Recorder of deeds shall not record any such instrument unless said required mailing address appears clearly thereon.
3. Provisions of Sec. 442.390 & 442.400, RSMo 1959, are not affected by omission of said required names upon said deeds.
375-63 Sept 30 WITHDRAWN
376-63 Sept 19 Opinion letter to the Honorable Orville C. Winchell
377-63 Sept 16 INSURANCE. Articles of Incorporation of Tower National Life Insurance Company
381-63 Sept 30 Opinion letter to the Honorable Milton Litvak
382-63 Oct 25 WITHDRAWN
383-63 Sept 23 WITHDRAWN
384-63 Sept 30 WITHDRAWN
385-63 Oct 10 BONDS.
SHERIFF.
FEES.
COUNTIES.
The sheriff of a third class county may not legally accept and retain a fee for the taking of a bail bond in a criminal case.
386-63 Dec 4 AGRICULTURE.
FEEDS.
Salt distributed to feed dealers which is either mixed in commercial foods or sold directly to farmers for feeding to animals is not a commercial feed under the Missouri Commercial Feed Law of 1959.
390-63 Sept 30   Opinion letter to the Honorable Maurice Schechter
392-63 Oct 10 Opinion letter to the Honorable Jack K. Smith
393-63 Sept 30 Opinion letter to Mr. J. T. Johnson
395-63 Nov 7 Opinion letter to the Honorable William H. Bruce, Jr.
396-63 Nov 25 Opinion letter to the Honorable James T. Riley
397-63 Oct 21 SPECIAL ROAD DISTRICTS.
TAX ANTICIPATION NOTES.
WARRANTS.
Special road districts may not issue tax anticipation notes, but may issue warrants up to the amount of revenue anticipated for the year in which the warrants are issued.
398-63 Oct 4 Opinion letter to the Honorable James A. Noland, Jr.
400-63 Dec 5 COUNTY COLLECTOR.
ST. LOUIS COUNTY.
Collector of St. Louis County does not have the power to invest County funds in his possession.
402-63 Oct 4 Opinion letter to the Honorable Herman G. Kidd
404-63 Oct 14 Opinion letter to the Honorable Thomas G. Woolsey
405-63 Oct 14   Opinion letter to the Honorable Edgar J. Keating
406-63 Nov 4 WITHDRAWN
407-63 Oct 11 INSURANCE. Articles of Incorporation of Modern American Life Insurance Company.
411-63 Nov 7 WITHDRAWN
412-63 Oct 16 Opinion letter to the Honorable Bill Crigler
414-63 Dec 13 APPROPRIATIONS.
HOUSE AND SENATE COMMITTEES.
JOINT COMMITTEES.
Expenses incurred by the Joint Committee on Correctional Institutions and Problems should be paid from the appropriation made under Section 8.020 in House Committee Substitute for House Bill No. 8 and cannot be paid from Section 8.010 of said bill.
415-63 Dec 24 SCHOOLS.
SCHOOL DISTRICTS.
COUNTY.
BOARD OF EDUCATION.
No person can be candidate for election to a county board of education created by Senate Bill No. 327 of the 72nd General Assembly unless the person is a resident householder of the county in which the county board of education is created.
416-63 Oct 17 Opinion letter to the Honorable Paul Knudsen
417-63 Oct 18 Opinion letter to the Honorable James T. Riley
421-63 Oct 31 Opinion letter to the Honorable Edward W. Speiser
433-63 Dec 4 FOURTH CLASS CITIES.
COMPENSATION.
ZONING COMMISSION.
CITY PLANNING COMMISSION.
A Fourth Class City may legally continue to pay compensation to members of an existing zoning commission which was in existence before the effective date of House Bill 317, 72nd General Assembly, after the effective date of such bill.
435-63 Nov 1 Opinion letter to the Honorable Charles P. Moll
437-63 Nov 7 Opinion letter to the Honorable Don F. Whitcraft
438-63 Nov 14 Opinion letter to the Honorable Loyd J. Estep
451-63 Nov 13 ASSESSMENT OF PROPERTY.
ASSESSORS.
COUNTY COURT.
TAXATION.
The county court of any county is authorized to employ experts to replat and prepare maps, to locate and evaluate real estate in said county for purpose of aiding the county assessor in securing a full and accurate assessment of all taxable property in the county without submitting the question to the voters.
452-63 Nov 19 Opinion letter to the Honorable Ralph B. Nevins
454-63 Nov 18 Opinion letter to the Honorable E. J. Cantrell
456-63 Nov 27 STATE DIVISION OF COMMERCE AND INDUSTRIAL DEVELOPMENT.
RESOURCES AND DEVELOPMENT.
Division of Commerce and Industrial Development has authority to provide planning assistance and to contract for and receive federal grants or financial assistance for counties, municipalities and metropolitan areas for planning purposes.
457-63 Nov 18 WITHDRAWN
459-63 Dec 19 WITHDRAWN
464-63 Dec 6 Opinion letter to the Honorable Ralph B. Nevins
465-63 Dec 10 WITHDRAWN
470-63 Dec 18   Opinion letter to Dr. George A. Ulett
475-63 Dec 12 Opinion letter to Mr. Maurice Schechter
491-63 Dec 30 Opinion letter to Mr. Wayne Freeman