1965 MISSOURI ATTORNEY GENERAL'S OPINIONS

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Opinion Date Topic Summary
5-65 May 24 TAXATION - EXEMPTIONS.
LIENS.
ASSESSMENTS LEVY.
UNITED STATES PROPERTY.
If state taxes have become a lien on Missouri real property during the time of private ownership, this lien continues to be an encumbrance on the property after acquisition by the Small Business Administration, but the lien is not enforceable as long as the Federal Government holds title. Also, the property is not subject to new levy and assessment for taxes while title is in the Federal Government.
7-65 Feb 3 Opinion letter to M. D. Overholser, M.D.
8-65 Feb 3 CIRCUIT CLERKS.
FEES.
RECORDER OF DEEDS.
All fees received by a circuit clerk or a circuit clerk acting as ex officio recorder of deeds for certifying documents under his control by virtue of his office as circuit clerk or recorder of deeds may not be retained but must be paid into the county treasury.
9-65 Mar 5   Opinion letter to the State Tax Commission of Missouri
12-65 Feb 4 COSMETOLOGY BOARD.
BOARD OF COSMETOLOGY.
Use of brush rollers brought into a cosmetology shop or school by a patrol to be used solely and exclusively upon the head of such patron is not prohibited.
13-65 Jan 29 Withdrawn
16-65 Feb 4 BOARD OF COSMETOLOGY.
COSMETOLOGY BOARD.
LICENSES.
SCHOOL DISTRICTS.
(1) Local school district that desires to operate a school of cosmetology must apply for registration and pay annual fee of $125.00.
(2) Students of such schools must be registered and pay the student license fee.
17-65 June 28 INSURANCE. Amendment of Articles of Incorporation of Old American Insurance Company.
18-65 Mar 23 Opinion letter to the Honorable J. R. Fritz
23-65 Feb 10 APPROPRIATIONS.
CONSERVATION COMMISSION OUTDOOR RECREATION.
SOIL AND WATER DISTRICTS.
(1) Soil and water districts, so long as they are acting within their powers granted them by state statute may be eligible to receive funds from Public Law 88-578 where federal requirements are met; (2) however, an appropriation would be needed to transmit these funds from the State to local government units; and (3) the designation of the Inter-Agency Council for Outdoor Recreation as the state agency in Missouri would be in conformity to Public Law 88-578.
24-65 Mar 8 Withdrawn
25-65 Dec 23 CHARTER CITIES.
LICENSE TAX.
VENDING MACHINES.
MUNICIPAL CORPORATIONS.
SCHOOL DISTRICT.
A constitutional charter city, if authorized by the charter, may impose a license tax on vending machines owned or rented by a school district and located within such city, as the tax imposed is not on property owned by the school district, but on the privilege of using such vending machines.
30-65 Jan 14 Opinion letter to the Honorable Peter J. Grewach
31-65 Jan 26   Opinion letter to the Honorable Paul D. Hess, Jr.
32-65 Jan 20 Opinion letter to the Honorable Lloyd J. Baker
33-65 Feb 26   Withdrawn
34-65 Jan 20 OFFICERS.
COUNTY TREASURER EX OFFICIO COLLECTOR.
TOWNSHIP ASSESSOR.
COUNTY BOARD OF EQUALIZATION.
BOND.
COMPATIBILITY OF OFFICES.
There is no prohibition against a person who is presently township assessor and is also county treasurer ex officio collector-elect, from continuing his duties as township assessor until he assumes the duties as county treasurer ex officio collector. The bonds which must be given by a county treasurer ex officio collector in a county under township organization are the bonds required by Sections 54.070 and 52.020, RSMo Cum. Supp. 1963. A person who resigns as township assessor and then becomes county treasurer ex officio collector, is no longer a qualified member of the county Board of Equalization.
37-65 Feb 25   Opinion letter to the Honorable Allen S. Parish
38-65 June 7 STATE MENTAL HOSPITALS.
COUNTY COURTS.
PROBATE COURTS.
INSANE PERSONS.
INDIGENT PERSONS.
With respect to mentally ill persons, Sections 202.780 to 202.870, RSMo 1959:
(1) Section 202.863 requires patients be classified as private or county patients and that county court hold hearing within ten days after notice by superintendent to determine indigency, subject to review by circuit court; (2) Sections 202.220 and 202.240 apply and permit redetermination by probate court of patient’s pay status; (3) Section 31.050, RSMo Cum. Supp. 1963, requires superintendent to return patient to responsible party upon failure to pay support; (4) Hospital has no right of recovery against county for period pending determination of indigency; (5) Responsibility of other persons for care of patient pending determination of indigency depends on facts of individual case.
40-65 Jan 29 COUNTIES.
COUNTY REVENUE.
COUNTY FUNDS.
INTEREST.
Interest paid by a bank for courthouse bond sinking fund deposits must accrue to the fund itself and cannot be used as general revenue by the county.
41-65 Feb 2 Opinion letter to the Honorable Robert Hoelscher
42-65 Feb 11 Opinion letter to the Honorable Lloyd J. Baker
44-65 Apr 19 Withdrawn
45-65 Feb 11 Opinion letter to Mr. Larry R. Gale
46-65 Jan 26 Withdrawn
52-65 Apr 19 BOARD OF REGENTS.
QUASI-PUBLIC CORPORATION.
SOVEREIGN IMMUNITY.
STATE COLLEGE.
The use, occupancy and operation of dormitories for students not for profit by a state college is a governmental function of that institution and the Board of Regents of the said college is a quasi-public corporation and therefore the proper subject of sovereign immunity to liability in the same degree afforded the State.
54-65 Feb 2   Opinion letter to the Honorable Alfred A. Speer
56-65 Feb 2 CRIMINAL LAW.
PUBLIC RECORDS.
Reports of criminal investigations and statements of suspects or defendants in criminal cases in the possession of the prosecuting attorney are not public records and need not be open for public inspection. However, a prosecuting attorney may, in his discretion, permit such inspection as he deems advisable.
58-65 May 7 Withdrawn
62-65 Jan 19 LIQUOR CONTROL.
BONDS.
Agents, assistants, deputies and inspectors of the Department of Liquor Control may be bonded under a blanket bond in the sum of $5,000.00 for each agent, assistant, deputy and inspector.
64-65 Apr 5 MILK PRODUCTS.
HEALTH PURPOSES.
The phrase “not requiring refrigeration” as used in Section 196.932, RSMo. Cum. Supp. 1963, refers to milk products not requiring refrigeration for public health or sanitation purposes.
68-65 Apr 6 CRIMINAL LAW.
POOL HALLS.
POOL HALLS – TABLES.
Participants in a “Jamboree,” a 20 game pool or billiard contest wherein participants receive prize money obtained from a $10.00 entry fee which is distributed in proportion to the number of games won, are in violation of Section 563.390, RSMo 1959, which forbids playing pool for money.
69-65 July 1 Opinion letter to Mr. James L. Paul
71-65 Feb 5 SCHOOLS.
SCHOOL DISTRICTS.
STATE BOARD OF EDUCATION.
SCHOOL ANNEXATION.
Section 165.300, RSMo Supp. 1963, (after July 1, 1965, renumbered as Section 162.441) does not require approval by the State Board of Education of a school district annexation where the districts adjoin.
72-65 Feb 2 INCOME TAX.
TAXATION.
INTEREST.
There is no constitutional provision prohibiting the Legislature from paying interest on income tax refund claims which arose during the year 1964 but which remain unpaid because of an insufficient appropriation.
73-65 Feb 25 Opinion letter to the Honorable Peter H. Rea
78-65 Apr 27 SCHOOLS.
SCHOOL DISTRICTS.
TUITION.
If a district does not maintain any high school or does not maintain high school facilities in which all high school students of the district can be educated, then as to any high school students which cannot be educated in the district’s high school, the district has the duty and authority under Section 161.095, RSMo. Cum. Supp. 1963, to pay their tuition to attend a high school in the same or an adjoining county.
79-65 July 22   Opinion letter to the Honorable James L. Paul
81-65 Jan 25 Opinion letter to the Honorable Robert D. Scharz
82-65 Mar 1 PHYSICIANS.
HOSPITALS.
Physicians who accept professional staff appointments in Missouri hospitals and regularly practice medicine and surgery in those hospitals are maintaining an “appointed place to meet patients or receive calls within the limits of this state.” Such physicians are required to have a Missouri license.
83-65 June 8 COUNTY RECORDER OF DEEDS.
SURVEYORS.
When an otherwise properly recordable instrument is presented and there are maps, plats, surveys, or other documents attached it is the duty of the recorder to record the instrument regardless of whether the maps, plats, surveys, or other documents are affixed with the seal and signature of a land surveyor.
84-65 May 24 BOND ISSUES.
PARK BOARD.
STATE TREASURER.
INTEREST.
Interest earned from deposit or investment of sinking funds established in connection with the State Park Revenue Bonds should be credited to said sinking funds and not to General Revenue.
85-65 Mar 2 BONDS.
SURETY BONDS.
COUNTY COURT.
OFFICERS.
COUNTY SURVEYORS.
A County Court is authorized in its discretion to pay the bond premium for the Official Bond of the County Surveyor.
86-65 June 1 Withdrawn
89-65 Feb 19 CITIES OF THE THIRD CLASS.
CITIES, TOWNS, AND VILLAGES.
ANNEXATIONS.
ELECTIONS.
CANDIDATES.
COUNCILMEN.
RESIDENTS.
Previous residence in the territory annexed to the City of Macon is equivalent to residence in the City of Macon for the purpose of computing the period of residence required by Section 77.060, RSMo 1959, relating to candidates for councilman.
92-65 Mar 29 Opinion letter to Mr. Leon F. Burton
95-65 Opinion letter to Major General L. B. Adams
96-65 June 30 Opinion letter to the Honorable Patrick J. Hickey
98-65 Mar 17 SCHOOLS.
SCHOOL DISTRICT.
COUNTY SCHOOL BOARD.
ELECTIONS.
Under Section 165.657, RSMo. Cum. Supp. 1963, an election of county board of education members must be held the first Tuesday in April, 1965, in the Springfield R-12 and all other school districts of Greene County and all districts of counties of the 2nd, 3rd, and 4th class. The fact that members of the Springfield R-12 Board of Education are elected biennially in even-numbered years does not affect the right of the voters of the Springfield R-12 district to vote annually upon county board members.
100-65 Feb 10   Opinion letter to Major John W. Howland
101-65 Apr 6 DRIVER’S LICENSE.
LICENSES.
REVOCATION OF DRIVER’S LICENSE.
The enforcement of a suspension or revocation of a person’s driving privilege made by the Director of Revenue under Chapter 302, RSMo 1963 Cum. Supp. is not automatically stayed by an appeal thereof. However, if the reviewing court grants a stay of the Director’s order, the enforcement thereof is stayed during the appeal and resumes when a final decision is rendered, if the court, after review, upholds the action of the Director of Revenue.
103-65 Mar 22 Opinion letter to the Honorable Charles H. Dickey, Jr.
104-65 Mar 22 Withdrawn
106-65 Apr 16 TAXES – CREDIT UNIONS.
TAXES – SAVINGS AND LOAN ASSOCIATIONS.
REFUNDS – CREDIT UNIONS.
REFUNDS – SAVINGS AND LOAN ASSOCIATIONS.
CREDIT UNIONS – OVERPAYMENT OF TAXES.
SAVINGS AND LOAN ASSOCIATIONS – OVERPAYMENT OF TAXES.
Credit may not be allowed and refund cannot be made to Credit Unions and Savings and Loan Associations for overpayment of taxes paid under Chapter 148. Refunds can be claimed by individual members of such institutions.
107-65 May 26 TAXES – BANKS AND CREDIT INSTITUTIONS.
REFUNDS – BANKS AND CREDIT INSTITUTIONS.
BANKS – OVERPAYMENT OF TAXES.
CREDIT INSTITUTIONS – OVERPAYMENT OF TAXES.
Credit for overpayment of taxes paid under Chapter 148 by banks and credit institutions may be allowed only upon examination of returns for the current year. Refund of such overpayment may be claimed within two years of payment.
108-65 Mar 1 Opinion letter to Reuben R. Rhoades, D.D.S.
109-65 Apr 19 DEPUTY SECRETARY OF STATE.
FACSIMILE SIGNATURE.
SECRETARY OF STATE.
SIGNATURE.
Secretary of State may affix his printed facsimile signature to documents required to be attested to or issued by his office, if it is followed by the handwritten signature of Deputy Secretary of State as designated by the Secretary of State.
113-65 June 18 Withdrawn
114-65 Mar 30 Opinion letter to the Honorable Clifford A. Falzone
115-65 Apr 13 Opinion letter to the Honorable James L. Paul
117-65 May 24   Opinion letter to the Honorable Harold L. Fridkin
118-65 Mar 5 SEWER DISTRICT BONDS.
METROPOLITAN SEWER DISTRICT BONDS.
SECURITY.
STATE DEPOSITORIES.
STATE FUNDS.
BANKS.
Bonds of Metropolitan Sewer District not eligible as security for state deposits in banks.
119-65 May 10 Opinion letter to the Honorable Bill Crigler
120-65 Feb 25 Opinion letter to the Honorable William D. Kimme
121-65 Mar 25 Withdrawn
124-65 Mar 1 Withdrawn
125-65 Opinion letter to Mr. V. H. Simon
127-65 Mar 8 Opinion letter to the Honorable Robert D. Scharz
129-65 Aug 19 SCHOOLS.
COUNTY SUPERINTENDENTS.
TEACHERS.
OFFICERS.
INCOMPATIBLE OFFICES.
1. A county superintendent who becomes a lawfully qualified public school teacher vacates his office regardless of the brevity of service as a teacher;
2. A county superintendent who acted as a public school teacher without executing a written contract as required by Sections 163.080 and 432.070, RSMo 1959, did not have a lawful right to the position of teacher. Since legally she never held the position of teacher, there was no dual capacity and the doctrine prohibiting holding of incompatible public positions does not operate to vacate the county superintendent’s office.
130-65 Mar 5 Opinion letter to the Honorable Charles B. Faulkner
131-65 May 27 Opinion letter to the Honorable Patricia L. Webber
133-65 Aug 4 SCHOOL DISTRICTS.
SCHOOL TEACHERS.
RETIREMENT AGE.
SOCIAL SECURITY.
A teacher in the public school system of Missouri, who was eligible for state teacher retirement benefits under the Public School Retirement system of Missouri, upon reaching age 70, is also covered by Federal Social Security after reaching age 70 when and if he occupies a position different from any position he occupied prior to age 70 which was covered by such state teacher-retirement system.
136-65 May 10 MOTOR VEHICLES.
LOCAL COMMERCIAL MOTOR VEHICLES.
COMMERCIAL MOTOR VEHICLES.
(l) An owner or a vehicle registered as a non-farm local commercial motor vehicle is in violation of Section 301.010 (10), RSMo, if it is found at a point beyond the twenty-five miles from the municipality of operation but within twenty-five miles from the municipality of registration; (2) There is no requirement in Section 301.020, RSMo, that in registering a local commercial vehicle, the owner designate the municipality from which to compute the twenty-five mile radius, and; (3) There is no requirement in the statutes that the municipality designated on the side of the vehicle in  compliance with Section 301.330, RSMo, be the same as the municipality from which the vehicle is registered.
137-65 Apr 19 Opinion letter to the Honorable Paul M. Berra
139-65 May 24 Opinion letter to the Honorable Warren E. Hearnes
140-65 Mar 29 Opinion letter to Dr. H. M. Hardwicke
142-65 Apr 28 Opinion letter to the Honorable E. J. Cantrell
149-65 Mar 22 Opinion letter to the Honorable John B. McMullin
150-65 May 27 SCHOOLS.
SCHOOL ELECTIONS.
SCHOOL ANNEXATION ELECTIONS.
TIE VOTE.
In a school annexation election resulting in a tie vote a second election is not permitted for two years under Section 165.300 RSMo. Supp. 1963.
Because Section 165.300 is repealed, effective July 1, 1965, and replaced by 162.441 RSMo. Supp. 1963 Appendix, another election is permitted after July l, 1965, because a majority of votes cast at the former election was not against annexation.
152-65 Nov 4 OFFICERS.
COUNTY OFFICERS.
COUNTY CLERKS.
COUNTY HIGHWAY ENGINEERS.
HIGHWAYS.
COUNTY ROAD FUNDS.
A county clerk or county treasurer of a third or fourth class county may act in the capacity of and receive additional compensation from county revenue funds for: (A) Serving as a duly appointed assistant highway engineer, (B) Clerical or stenographic assistant to the county superintendent of schools, (C) Stenographic or clerical assistant to the prosecuting attorney, (D) Bookkeeper and stenographic assistant to the magistrate, (E) Clerical assistant to the highway engineer.
The county court of a third or fourth class county may, pursuant to Section 61.610, create the office of County Highway Engineer and appoint the county clerk to fill that office; however the term “ex- officio highway engineer” would be improper terminology for designating the title of such officer.
County clerks of third and fourth class counties are not entitled to compensation in addition to statutory amounts for the office of county clerk for keeping records and accounts of and preparing forms for county road programs formulated by the county court and financed by the County Aid Road Trust Fund.
A county judge may not serve as extra help in the office of the county highway engineer or perform labor or other service in connection with county roads or bridges.
153-65 Mar 30   Opinion letter to the Honorable Jack Keane
154-65 June 22 RECORDERS.
ACKNOWLEDGMENTS. PHOTOCOPIES.
Recorder must accept for recordation all instruments that are defined by Sec. 59.330, V.A.M.S. and in proper form duly acknowledged. Instrument whose acknowledgments are reproduced are not acceptable for filing.
Photocopies or reproduction of acknowledgments are not acceptable on instruments offered for recordation.
Photocopies of acknowledgments are not acceptable for recordation even though a notary seal is affixed.
156-65 Apr 7 Opinion letter to Mr. Clifford L. Summers
157-65 Aug 4 SCHOOLS.
ANNEXATION.
ELECTIONS.
TIME.
1. Where more than one petition to call an annexation election is presented to a school board, the board has a duty to order an election upon the first valid petition before the remaining petitions are acted upon;
2. Where an annexation election has been held and an annexation offered, the receiving district must act upon the annexation within a reasonable time. A delay of nine months in acting upon an annexation offer is not unreasonable as a matter of law, but depending on the circumstances of each case, may be considered unreasonable by a court.
158-65 Mar 25   Withdrawn
163-65 Mar 30 AUDITOR.
BONDS.
The state is authorized to purchase a blanket bond to cover all examiners of the Office of State Auditor, if such blanket bond covers each examiner individually in the sum of $10,000.00.
164-65 May 12   Opinion letter to the Honorable Jasper M. Brancato
166-65 May 24 Opinion letter to the Honorable Gerald Kiser
168-65 Apr 5 Opinion letter to the Honorable James. T. Riley
170-65 Apr 28 COUNTY COUNSELOR.
ATTORNEYS.
SPECIAL ROAD AND BRIDGE FUND.
Special Road and Bridge Fund of Jackson County cannot be used to pay salary of an Assistance County Counselor of Jackson County.
174-65 June 14   Opinion letter to the Honorable Ralph E. Smith
176-65 Apr 19 Opinion letter to the Honorable Cloy E. Whitney
179-65 Aug 16 Opinion letter to the Honorable Kenneth R. Babbit
180-65 Apr 12 Opinion letter to Mr. Thomas C. Gilstrap
182-65 Apr 30 Opinion letter to the Honorable John E. Downs
183-65 June 9 Opinion letter to the Honorable James R. Hall
185-65 Apr 19 Opinion letter to Dr. George A. Ulett
186-65 Aug 6 MUNICIPAL CORPORATIONS.
SECOND CLASS COUNTIES.
METROPOLITAN PLANNING COMMISSIONS.
CONTRACTS.
The City of St. Joseph and the County of Buchanan are authorized to create a Metropolitan Planning and Zoning Commission. Under the contract which has been executed by these two political entities, whereby this Planning agency has  been created, the agency is authorized to enter into appropriate contracts with State or Federal agencies without securing prior approval from the City of St. Joseph or the County of Buchanan.
190-65 Sept 28   Opinion letter to the Honorable John C. Vaughn
192-65 July 13 WITHDRAWN
193-65 Aug 5 OFFICERS.
SCHOOLS.
BOARDS.
CITIES, TOWNS, AND VILLAGES.
CONFLICT OF INTEREST.
PUBLIC OFFICERS.
A school board director is prohibited from participating in any contract or transaction in which he has a direct or indirect interest including the ownership of stock in a corporation doing business with the school board.
A school board of directors may deposit funds of the school district in a bank in which the president of the school board has such a small amount of stock that such ownership will not influence his judgment in behalf of the public interest and in which he is neither an officer or a director and where there is no bad faith or fraud.
196-65 June 1 PUBLIC ADMINISTRATORS.
BONDS.
OFFICIAL BONDS.
OFFICERS.
OFFICERS HOLDING OVER.
(1) Public Administrator-elect must give bond before he is qualified to hold office. (2) Failure to give bond within time prescribed does not automatically vacate the office but may be ground to declare office vacant by legal procedure. (3) Until Public Administrator-elect or another becomes qualified to hold the office, the incumbent Public Administrator continues to have the right to the office.
197-65 May 6 Opinion letter to the Honorable Harry E. Hatcher
199-65 June 9 Opinion letter to the Honorable Frank Conley
200-65 July 15 INSURANCE.
CORPORATIONS.
A life insurance company cannot accept the provisions of the General and Business Corporations Act.
201-65 May 24 WITNESSES.
PROSECUTING WITNESSES.
PROSECUTING ATTORNEYS.
NOLLE PROSEQUI.
A prosecuting witness cannot nolle prosequi a criminal case. Same is the exclusive prerogative of the prosecuting attorney.
202-65 May 24 CONSTITUTIONAL LAW.
GOVERNOR.
VETO.
In any bill containing an emergency clause, the Governor is powerless to veto the emergency clause only.
203-65 May 13 JAILS AND JAILERS.
PRISONERS.
COUNTIES.
CRIMINAL COSTS.
Expense of jailkeeper of third and fourth class county for boarding prisoners from another county is limited to actual and necessary costs.
County committing prisoner is not legally liable for damage caused by prisoner to the property of the county where the prisoner is held in jail.
204-65 Apr 21   Withdrawn
207-65 Oct 5 SCHOOLS.
SCHOOL DISTRICTS.
SCHOOL BOARDS.
School boards have the authority to employ personnel for the purpose of providing for the safety and discipline of pupils while on streets proximate to the school premises during times proximate to school activities.
212-65 Sept 14 CITIES.
PLANNING.
ZONING.
HISTORICAL AREA.
The City of St. Charles has the power under Chapter 89, RSMo 1959, to enact a zoning ordinance providing for an historical area.
213-65 Aug 31 DRIVER’S LICENSE.
CHAUFFEUR’S LICENSE.
MOTOR VEHICLES.
LICENSES.
When a person has both a chauffeur’s license as well as an operator’s license and receives the necessary points under the Point System for revocation or suspension of his operating privileges, then both such licenses are revoked or suspended.
216-65 May 7 GOVERNOR – DISAPPROVAL OF DEPOSITARIES.
AUDITOR – DISAPPROVAL OF DEPOSITARIES.
TREASURER – SELECTION OF DEPOSITARIES.
DEPOSITARIES, DEMAND – DESIGNATION.
CONSTITUTION – SEPARATION OF POWERS.
(1) Disapproval by Governor or Auditor of depositary selection is a veto.
(2) Treasurer cannot be compelled by judicial process to select depositaries.
(3) Existing depositaries remain lawful pending further designations.
217-65 June 22 AUTOPSY.
CORONERS.
PHYSICIAN.
The 1961 amendment to Section 194.115, V.A.M.S., does not authorize a coroner of a Class III county to order an autopsy performed without the consent of the next of kin or without having been so directed by a coroner’s jury.
218-65 July 13   Withdrawn
219-65 Nov 8 Withdrawn
220-65 June 22 Opinion letter to the Honorable Richard J. Rabbitt
226-65 July 21 AGRICULTURE – SWINE BUYING STATIONS.
LIVESTOCK MARKETING LAW – SWINE.
BUYING STATIONS.
Swine Buying Stations are livestock markets.
228-65 June 7 FEES AND SALARIES.
SHERIFFS.
In a county of the second class with less than one hundred thousand inhabitants a sheriff who receives a commission for a partition sale under Section 528.610, RSMo 1959, must collect and pay such commission to the county treasurer as directed by Section 57.380, RSMo 1959, minus that amount he may retain under Section 57.340, RSMo 1959.
230-65 May 25 CONSTITUTIONAL AMENDMENT. Ballot title for House Joint Resolution No. 1.
231-65 May 25 CONSTITUTIONAL AMENDMENT. Ballot title for House Joint Resolution No. 3.
234-65 Oct 18 ACKNOWLEDGEMENTS.
LAND SURVEYORS.
A recorder of deeds is not authorized to refuse to record a “plat” or survey of real estate on the grounds that the signature of the registered land surveyor who has prepared the document has not been acknowledged.
235-65 June 7 Opinion letter to the Honorable Allen S. Parish
237-65 Oct 26 COMMERCIAL VEHICLES.
CAMPERS.
The state collector of revenue has the power to classify as commercial motor vehicles, “campers” which are regularly used to haul freight, merchandise, or more than eight passengers, as well as motor vehicles that were intended and contemplated by the manufacturer to regularly carry freight, merchandise or more than eight passengers.
239-65 June 1 INSURANCE. Articles of Incorporation of Founders Security Life Insurance Company.
240-65 June 1 INSURANCE. Articles of Incorporation of Central Investors Life Insurance Company
241-65 Oct 1 Opinion letter to the Honorable Earl A. Bollinger
242-65 July 1   Opinion letter to the Honorable John A. Callow
243-65 June 22 Opinion letter to the Honorable Philip G. Hess
245-65 Aug 5 COUNTY COLLECTOR.
SURETY BOND PREMIUMS.
NON-LIABILITY OF COUNTY.
Cooper County, Missouri, is not liable for payment of premiums on surety bond of Collector of Revenue of said County for years 1960 through 1964.
246-65 June 3 CONSTITUTIONAL AMENDMENT. Ballot title for House Joint Resolution No. 11.
247-65 June 22 PROBATE COURT.
STATE MENTAL HOSPITALS.
INSANE PERSONS.
With respect to the commitment and hospitalization of the mentally ill, Sections 202.780 to 202.870, RSMo: (1) The probate court may order that commitment for hospitalization pursuant to Section 202.807 be to the Division of Mental Diseases; (2) The Division has authority under Section 202.823 to transfer an involuntary patient from one State hospital to another State hospital without the concurrence of the court ordering the hospitalization.
249-65 Aug 6 Withdrawn
250-65 June 29   Opinion letter to Mr. Thomas L. David
252-65 Nov 4 Opinion letter to the Honorable John J. Johnson
253-65 Sept 22 COUNTY COURTS.
ROADS AND STREETS.
ROADS.
STREETS.
ROADS AND BRIDGES.
The county court has no authority under Chapter 228, RSMo, to open as a county road a proposed street which is entirely within the boundaries of a fourth class city and is not part of a continuous county road.
256-65 Dec 21 COUNTY OPTION DUMPING GROUND LAW.
COUNTY OPTION DUMPING GROUND LAW - NOTICE.
COUNTY OPTION DUMPING GROUND LAW - HEARING.
If published as described in Section 64.550, RSMo 1959, in at least one newspaper having general circulation within the county, and if posted fifteen days in advance of the hearing, in at least four conspicuous places in each township.
The county court must make a reasonable effort to hear arguments and evidence, pro and con, on the adoption the County Dumping Ground ordinance. The county court, in its discretion exercised in a reasonable manner may control and limit such presentation.
258-65 Aug 31 Opinion letter to the Honorable Paul McGhee
260-65 June 22 INSURANCE. Articles of Incorporation of National Pilot Life Insurance Company.
262-65 Sept 28 Opinion letter to the Honorable Alfred A. Speer
267-65 June 29 INSURANCE. Articles of Incorporation of Central Investors Life Insurance Company.
268-65 June 29 INSURANCE. Articles of Incorporation of Founders Security Life Insurance Company.
269-65 Sept 28 PROBATE COURTS.
WITNESSES.
MENTAL ILL.
Section 202.807 RSMo 1959, in respect to judicial proceedings for hospitalization of the mentally ill, does not require that the physician be physically present at the hearing. Evidence in affidavit form meets the requirements of the statute if all parties to whom notice is required to be given expressly agree and the Court concurs. Without complete agreement of the parties and the Court, the evidence of the physician must be adduced by deposition or by his oral testimony at the hearing.
275-65 June 29 CONSTITUTIONAL AMENDMENT. Ballot title for Conference Committee Substitute for House Joint Resolution No. 48
276-65 Oct 29 AGRICULTURE.
ECONOMIC POISONS.
Disinfectants and antiseptics for use on the body of living animals for medicinal purposes are not economic poisons.
278-65 July 21 Opinion letter to Mr. Francis O’Brien
280-65 Sept 29 Withdrawn
285-65 Sept 14 STATE RECORDS ACT.
UNIVERSITY OF MISSOURI.
PUBLIC RECORDS.
House Bill No. 294 does not apply to the University of Missouri.
286-65 July 15 CONSTITUTIONAL AMENDMENT. Ballot title for House Joint Resolution No. 26
287-65 Sept 29 NOTARY PUBLIC. County Clerk to certify copies of the Notary Public’s appointment under Senate Bill No. 259
288-65 Oct 26 Withdrawn
289-65 Oct 6   Opinion letter to the Honorable Don E. Burrell
291-65 Aug 4   Withdrawn
292-65 Oct 21 SCHOOLS.
PUBLIC SCHOOL RETIREMENT SYSTEM.
RETIREMENT.
PENSIONS.
1.) A member of a teachers’ retirement system of this State who meets the requirements for retirement contained in the statutes particularly applicable to that system, i.e., as though Section 169.570(1), RSMo 1959, had never been enacted, is eligible to receive a retirement allowance from that system although employed in a position covered by one of the other systems;
2.) Conversely, a member of a teachers’ retirement system of this State who cannot qualify for retirement without reliance upon the additional rights granted by Section 169.570(1) is not eligible for a retirement allowance under the earlier system under which he was employed until, and only if, he becomes eligible for service retirement under the system in which he is last employed (except those having previously retired on disability become eligible upon reaching retirement age.)
293-65 July 14 CONSTITUTIONAL AMENDMENT. Ballot title for House Committee Substitute for House Joint Resolutions 5 and 15
295-65 July 14 INSURANCE. Articles of Incorporation of the Congressional Life Insurance Company
296-65 Aug 24 Opinion letter to the Honorable Richard E. Snider
297-65 July 21 CONSTITUTIONAL AMENDMENT. Ballot title for Senate Joint Resolution No. 10
300-65 Nov 4 Opinion letter to the Honorable Glennon T. Moran
301-65 Aug 16 MORTGAGES.
CHATTEL MORTGAGES.
RECORDERS.
COUNTY RECORDERS.
UNIFORM COMMERCIAL CODE.
FEES, COMPENSATION AND SALARIES.
FEES.
A recorder of deeds should accept for filing or recording a chattel mortgage on motor vehicles executed prior to July 1, 1965, when presented for filing or recording after such date if the fees payable for filing or recording such chattel mortgage prior to July 1, 1965, are tendered for such filing or recording.
302-65 July 14 Opinion letter to the Honorable Warren E. Hearnes
303-65 Sept 28 Opinion letter to the Honorable Don D. Davis
304-65 Nov 9 COUNTY COURTS.
LEASES.
COUNTY CONTRACTS.
CONSTITUTIONAL LAW.
BONDS.
PUBLIC CONTRACTS.
County courts may execute leases for several years providing current and surplus funds on hand will be adequate to pay their obligations under the lease. Such lease could be funded by bonds if authorized by popular vote under Section 26(b) Article VI, Missouri Constitution 1945. County courts may execute a lease for multiple years that would be binding on succeeding courts, providing the contract is not for an unreasonable term or is in bad faith or fraudulent.
305-65 Aug 16 MORTGAGES.
CHATTEL MORTGAGES.
RECORDERS.
COUNTY RECORDERS.
UNIFORM COMMERCIAL CODE.
FEES, COMPENSATION AND SALARIES.
FEES.
A recorder of deeds should accept for filing or recording a chattel mortgage on motor vehicles executed prior to July 1, 1965, when presented for filing or recording after such date if the fees payable for filing or recording such chattel mortgage prior to July 1, 1965, are tendered for such filing or recording.
307-65 Aug 16 INSURANCE. Acceptance of regular life insurance law by New Empire Life Insurance Company, a stipulated premium plan company.
309-65 Aug 24 Opinion letter to Mr. William E. Towell
310-65 Aug 11 Opinion letter to Mrs. Olean Barton
313-65 Oct 14   Opinion letter to the Honorable Thomas A. David
315-65 Sept 29 Withdrawn
318-65 Sept 9 Opinion letter to the Honorable Don E. Burrell
321-65 Nov 24 STATUTE OF LIMITATIONS.
WORKMEN’S COMPENSATION ACT.
Time for filing claim extended to one year after the filing of report of injury by employer, under Sections 287.430 and 287.440, Laws of 1965.
322-65 Sept 17 JUDGES.
CIRCUIT JUDGES.
COURTS.
OFFICERS.
COMPENSATION OF OFFICERS.
COUNTY COURTS.
House Bill 390, 73rd General Assembly (Section 478.013 RSMo.) applies to the Circuit Judge of Cole County and provides that his salary shall be Sixteen-Thousand dollars per annum payable out of the state treasury and if the county court should so order, an additional Three-Thousand dollars per annum to be paid by Cole County.
324-65 Dec 30 ELECTION COMMISSIONERS.
BOARDS.
ELECTORS.
NAMES.
ELECTIONS.
The Board of Election Commissioners has the responsibility to determine the qualification of voters . Where an elector changes his name, he is entitled to reregister under such name if the change of name was bona fide and not fraudulent in its purpose. Where an issue of good faith arises in a change of name, the Board, after hearing all the evidence, should determine if such change of name is bona fide. If the parties act in good faith with full disclosure of the facts, there would be no violation of Section 129.680, RSMo 1959.
325-65 Aug 16 INSURANCE. Articles of Incorporation of Empire Security Life Insurance Company
328-65 Aug 20 Opinion letter to the Honorable John T. Russell
331-65 Dec 30 LEVEE DISTRICTS.
COUNTY COURTS.
BOARD OF EQUALIZATION.
1.  County Board of Equalization cannot change benefit assessment for levee.
2.  Benefit assessment for maintenance tax may be changed under Section 243.063.
332-65 Aug 31 Opinion letter to the Honorable Harold L. Fridkin
333-65 Nov 23   Opinion letter to the Honorable Alden S. Lance
334-65 Aug 27 CONSTITUTIONAL LAW.
GENERAL ASSEMBLY.
ELECTIONS.
ELECTION DISTRICTS.
General Assembly can reapportion House of Representatives but cannot delegate such authority to commissions. House of Representatives of any size may be created by Constitutional Amendments.
335-65 Oct 7 Opinion letter to Mr. Glennon T. Moran
339-65 Oct 21 COUNTY CLERKS.
COUNTY CLERKS SALARIES.
COUNTY OFFICERS.
SALARIES OF COUNTY CLERKS.
Under Senate Bill 91 (Section 51.300 V.A.M.S.) the change of salaries of County Clerks in third class counties is effective January 1, 1967.
342-65 Nov 24 Opinion letter to the Honorable Don E. Burrell
343-65 Sept 9 Opinion letter to Mr. Eugene P. Walsh
344-65 Sept 28 Withdrawn
345-65 Oct 26 Opinion letter to the Honorable John L. Woodward
346-65 Dec 21 Opinion letter to the Honorable Dan Bollow
347-65 Sept 22 PUBLIC ADMINISTRATOR.
PROBATE COURT.
With respect to the qualifications of public administrator: (1) Article VII, Section 8, of the Constitution of 1945 requiring that the public administrator be a citizen of the United States, and a resident of this state one year next preceding his election. (2) The provisions of Section 473.117, paragraph 1, RSMo 1959, relative to persons disqualified from administering estates, and Section 475.055, paragraph 2, RSMo 1959, relative to the qualifications of guardians apply to the office of public administrator.
348-65 Sept 8   Opinion letter to the Honorable Haskell Holman
351-65 Dec 2 HOSPITAL DISTRICTS. TAXATION. A hospital district, duly organized has authority to levy taxes under the provisions of Chapter 206 before a hospital is actually constructed and operating. Such funds can be used to buy land for the hospital site, construct the hospital and/or other purposes set out in Section 206.110 RSMo., Cum. Supp. 1963.
352-65 Nov 23 Opinion letter to the Honorable Frank C. Mazzuca
353-65 Nov 24 Opinion letter to the Honorable James L. Paul
354-65 Nov 23 Withdrawn
355-65 Nov 9   Opinion letter to Mr. Eugene P. Walsh
356-65 Sept 22   Opinion letter to Mrs. Olean Barton
358-65 Sept 22 Opinion letter to the Honorable Robert B. Paden
359-65 Sept 22 RIVER BEDS.
COUNTY LANDS.
Abandoned river bed lands belonging to a county of this state may be sold at public or private sale and without a survey.
360-65 Oct 20 CONSTITUTIONAL LAW.
GOVERNOR.
EXTRAORDINARY SESSION.
LEGISLATURE.
GENERAL ASSEMBLY.
REAPPORTIONMENT.
Legislature at a special session can act only upon subject within scope of Governor’s proclamation.
365-65 Nov 19 SHERIFFS.
COUNTY CLERKS AND DEPUTIES.
PROBATE CLERKS.
COUNTY HIGHWAY ENGINEERS.
COUNTY OFFICERS.
SALARIES.
(1) Increase mileage allowed sheriff under Senate Bill No. 87, effective October 13, 1965. (2) Increase in amount available under Senate Bill 89, for deputy clerks in third class counties, effective October 13, 1965. (3) increase in amount available under House Bill No. 71, for probate clerks effective October 13, 1965. (4) Increase in salary for county highway engineers under House Bill No. 473, does not apply to present term of office. (5) Salary increase under Senate Bill No. 88, for county clerks does not apply to present term of office. (6) Increase in amount available for deputy county clerks in fourth class counties under Senate Bill No. 88, effective October 13, 1965. (7) Increase in compensation for county clerks, except in second class counties under Senate Bill No. 90, effective October 13, 1965. (8) Increase in compensation under Senate Bill No. 90, prorated on monthly basis.
366-65 Nov 9 COUNTY FIRE DISTRICTS.
FIREMEN.
RETIREMENT.
RETIREMENT INSURANCE.
CONSTITUTIONAL LAW.
SPECIAL FUNDS.
MUNICIPAL CORPORATIONS.
House Bill No. 356, 73rd General Assembly (Section 321.220 as amended) Subsection 15 authorizing a pensioning program for firemen in Fire Protection Districts in counties of the first class is constitutional. House Joint Resolution Nos. 5 and 15 would allay any questions of constitutionality of the pensioning program for firemen in Fire Protection Districts in counties of the first class. Under House Bill No. 52, 73rd General Assembly (Section 321.240 V.A.M.S. August 1965 Pamphlet) the Board in its discretion may provide for a program of pensions through an insurance company except that a mutual company having an unlimited assessment liability may not be employed. The special fund raised for this purpose by taxation can only be utilized to provide a pension program.
368-65 Dec 2 APPROPRIATION.
CONSTITUTION.
GENERAL ASSEMBLY.
LEGISLATURE.
LIQUOR.
Monies collected under House Bill No. 292, 73rd General Assembly, enacted as Section 311.328 (5), V.A.M.S. August 1965 Pamphlet, should be paid into the treasury as general revenue. It is our further opinion that Section 4.645, Conference Committee Substitute for House Bill No. 4, 73rd General Assembly, is not unconstitutional.
369-65 Oct 8 SCHOOLS.
NEWSPAPERS.
Publication of financial report, Section 165.111, must be in a newspaper meeting requirements of Section 493.050.
371-65 Nov 8 TAXATION.
MERCHANT’S LICENSE.
MANUFACTURER’S LICENSE.
Interest and penalty on delinquent merchant’s and manufacturer’s license.
375-65 Oct 11 Opinion letter to Senator Raymond Hopfinger
376-65 Oct 6   Opinion letter to the Honorable Philip G. Hess
377-65 Dec 14 CRIMINAL LAW.
ABANDONMENT.
CHILD ABANDONMENT.
FAILURE TO SUPPORT.
CHILDREN.
Abandonment and failure to support child prior to October 13, 1965, misdemeanor. Abandonment after October 13, 1965, constitutes felony.
383-65 Oct 29 Opinion letter to the Honorable Charles G. Hyler
384-65 Nov 9 CIRCUIT CLERK-RECORDER.
COUNTY OFFICERS.
COMPENSATION.
Salary increase under Senate Bill No. 267 not applicable during present term of office.
388-65 Nov 8 COUNTIES.
CIRCUIT JUDGES.
SALARIES.
CONSTITUTIONAL LAW.
Where statutes are passed at the same legislative session and are in pari materia, the last statute signed by the Governor is considered as being the law where there are conflicting provisions. Where county courts so order, the circuit judge shall receive an additional $3,000 per annum, each county contributing in equal amounts.
390-65 Nov 8 COUNTIES.
CIRCUIT JUDGES.
SALARIES.
CONSTITUTIONAL LAW.
Where statutes are passed at the same legislative session and are in pari materia, the last statute signed by the Governor is considered as being the law where there are conflicting provisions. Where county courts so order, the circuit judge shall receive an additional $3,000 per annum, each county contributing in equal amounts.
394-65 Dec 30 Withdrawn
396-65 Oct 29 INSURANCE. Articles of Incorporation of Modern Old Line Life Insurance Company.
397-65 Oct 29 GENERAL ASSEMBLY.
EXTRAORDINARY SESSION LEGISLATURE.
EXTRAORDINARY SESSION EXTRAORDINARY SESSION.
Legislature at a special session can act on specific matters not suggested by Governor if such specific matters are within subject of Governor’s proclamation.
404-65 Nov 24 Opinion letter to the Honorable William W. Hoertel
406-65 Nov 24 Opinion letter to the Honorable Fielding Potashnick
416-65 Dec 17 MOTOR VEHICLES.
TIRES.
STUDS.
Pneumatic tires made of rubber, nylon, or some similar synthetic, studded with metal inserts as described herein, are not prohibited by statute in the State of Missouri.
419-65 Dec 29 Opinion letter to the Honorable Earl R. Blackwell
421-65 Dec 30 Opinion letter to the Honorable William Fickle
433-65 Dec 2 PROSECUTING ATTORNEY.
COUNTY OFFICERS.
SALARIES.
BUDGET LAW.
The compensation provided for by Senate Bill No. 355 enacted by the 73rd General Assembly applies during the present term of office.
444-65 Dec 14 MOTOR VEHICLES.
MOTOR VEHICLE REGISTRATION.
LICENSES.
STATUTES.
CITIES, TOWNS AND VILLAGES.
Vehicles leased by a city and used by the police department of the city must be registered and licensed upon application of the person, firm, corporation or association holding legal title to such vehicles unless such vehicles are the subject of an agreement of lease with the right of purchase upon performance of conditions stated in an agreement for lease.
446-65 Nov 22 CONSTITUTIONAL AMENDMENT. Ballot Title for Conference Committee Substitute for House Substitute No. 4 for House Committee Substitute for House Joint Resolution No. 1 – First Extra Session 73rd General Assembly.
469-65 Mar 29 Opinion letter to Mr. Sargent Shriver
471-65 Dec 21 STATE TREASURER.
STATE DEPOSITORIES.
BANKS.
INTEREST.
NOTICE.
The state depository contract provides for time deposits, open account for which the state is paid interest on an escalating scale. Banks cannot return deposits unless the banks terminate the contract on 30 days written notice. The 30 days begin to run when the notice is received by the State Treasurer.
476-65 Dec 16   Opinion letter to the Honorable Thomas David
477-65 Dec 22 Opinion letter to the Honorable Thomas A. David