Missouri AG Opinions — 1962

Opinion letter to the Honorable Jack L. Clay

Opinion letter to the Honorable Francis Toohey , Jr.

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.

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.

Macon Country Club property is not within exemption clauses of Sec. 137.100 1959 exempting real and personal property from taxation for state, county or local purposes.

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.

Opinion letter to the Honorable Shandy A. Stewart

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, 1961, Cumulative Supplement.

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Edgar J. Keating

Section 494.160, 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.

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.

Opinion letter to the Honorable Ray G. Cowan

Opinion letter to the Honorable Charles A. Powell , Jr.

Opinion letter to the Honorable George H. Pace

Opinion letter to Charles B. James

Opinion letter to the Honorable Lewis B.

Cemetery Endowed Care Fund Law (Sec. 214.270-214.410, 1961 .) 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.

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, , Cum. . 1961.

Articles of Incorporation of Central Allied Life Insurance Company.

(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.

Opinion letter to the Honorable David J. Dixon

Opinion letter to the Honorable Stephen E. Strom

Opinion letter to the Honorable Basil V. Jones

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.

Opinion letter to the Honorable William J. Esely

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.

Opinion letter to the Honorable W. D. Hibler , Jr.

Opinion letter to the Honorable Charles A. Weber

Articles of Incorporation of Continental Security Life Insurance Company.

Opinion letter to Mr. Charles D. Trigg

Opinion letter to the Honorable Robert A. Young

Opinion letter to the Honorable George H. Morgan

Opinion letter to the Honorable Warren C. Phelps

Opinion letter to the Honorable Rolin T. Boulware

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.

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.

On or after October 13, 1961, a member of the Missouri Employees’ Retirement System who retires after his 65 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.

Opinion letter to the Honorable Joe H. Miller

Opinion letter to the Honorable Norman H. Anderson

Areas within a municipality that has not enacted a city plan should be included in the county master plan.

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).

Opinion letter to the Honorable Dan Hale

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.

Opinion letter to the Honorable Anthony D. Pickrell

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.

Savings and loan associations subject to provisions of Chapter 369 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.

Opinion letter to the Honorable Richard E. McFadin

The power to adopt sanitary rules as set forth in Section 329.210, 1959, does not confer upon the State Board of Cosmetology the authority to require establishments coming within its jurisdiction to install toilet facilities.

Articles of Incorporation of Kansas City Casualty Company