Missouri AG Opinions — 1963

Opinion letter to the Honorable R. J. King, Jr.

Opinion letter to the Honorable Michael Kinney

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.

Section 110.130, RSMo 1959, does not require county depositaries to be located within the county seat.

Opinion letter to the Honorable Ronald Belt

Articles of Incorporation of Family Security Life Insurance Company.

Opinion letter to the Honorable James E. Godfrey

Opinion letter to the Honorable Carroll J. Donohue

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.

Opinion letter to the Honorable A. Basey Vanlandingham

Opinion letter to the Honorable Bill D. Burlison

Sheriff removed from office by quo warranto proceedings not eligible to be candidate for election to fill vacancy caused by such ouster.

Opinion letter to the Honorable Don W. Owensby

It is permissible for regular faculty members to teach academic courses about religion as a part of the curriculum of a state supported college.

A village is subject to constitutional limitations and to specific statutory limitations on its power and authority to levy taxes.

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.

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.

Opinion letter to State Tax Commission of Missouri

Opinion letter to the Honorable Charles B. Faulkner

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.

Opinion letter to the Honorable Milton Carpenter

Under Section 302.302.(7), RSMo Cum. . 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.

Opinion letter to the Honorable Herman G. Kill

Opinion letter to the Honorable Wendell D. Rosenbaugh

County Court required to provide office space and supplies to County Surveyor; however, County Court determines adequacy of office and supplies provided.

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.

Opinion letter to the Honorable Frank Conley

Mr. Orville C. Winchell

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.

Articles of Incorporation of Mark Twain Life Insurance Company

Articles of Incorporation of Insurance Company

Opinion letter to the Honorable Charles G. Hyler

Articles of Incorporation of Jefferson Life Insurance Company

Articles of Incorporation of The Frontier Life Insurance Company

Opinion letter to the Honorable Granvil B. Vaughan

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.

Opinion letter to the Honorable Charles P. Moll

Opinion letter to the Honorable Thomas R. Beveridge

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.

Opinion letter to Mr. C. Lozier

Section 26.020, RSMo 1959, does not prohibit Lieutenant Governor from employing two secretaries.

Legislature may have authority to provide for amendment for charter of special charter city by vote.

Opinion letter to the Honorable Joe R. Ellis

Opinion letter to the Honorable Clarence P. Lehnen

Opinion letter to the Honorable Jack L. Clay

Opinion letter to the Honorable William J. Esely

Opinion letter to the Honorable Don Owens

Opinion letter to the Honorable James A.

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.

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.